The Sikkim Cultivators Protection Act 1975

,.
(EXTRAORDINARY)
PUBLISHED BY AUTHOR{TY
Caugtok, September, g 1975. No.2o
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LEGISLATIVE DEPARTMENT
l\:otif.ca tion.
N o. 1/Lj75. - 8th September, 1975. - The following Act of the Sikkim Legislature
U~! \ ;llg been assented to by the Governor on the 8th September 1975, is hereby published
!',:);' ~,_'[1:.:rul information.
Sikkim Act I of 1975.
The Sikkim Cultivators Protection
( Temporary Provisions) Act 1975.
[Passed by the Sikkim Lagislature ]
ACT NO.1 OF 1975
THE SIKKIM CULTIVATORS PROTECTION
(TEMPORARY PROVISIONS) ACT 1975
AN
ACT
[0 m.ike temporary provision for protection of cultivators against terrn i-
n.niorr of cultivation of lands cultivated by-them, for restoration of such
buds in case of illegal termination, for limiting the liability of the culti-
v.uors and for other matters connected therewith.
WHEREAS it is expedient to make temporary provisions for
protection of the cultivators against termination of their cultivation of
i.uids cultivated by them, for restoration of such lands in case of illegal
termination, for limiting the liability of the cultivators and for other
111~HlerS connected therewith:
.", ,. , , ••. .: i , c ' .: i I: l"1 i l
It is hereby enacted as follows:-
1. (1) This Act may be called the Sikkim Cultitvtors Protection (Te m-
porary Provisions) Act, 1975. .
(2) It extends to the whole of Sikkirn.
(3) It shall come into force at once and shall remain in force for ~l.
period of two years from the date of its commencement; but the State
Government may, by notification in the Sikkirn Government Gazette
extend the period of its duration for a further period 110t exceeding
one year.

1),:/lllilions, 2. In this Act, unless there is anything repugria nt ill I,h~ subject
or context.
(1) "Agriculture Ycar'v means the year commencing Iroru t!L' first
du"(if Februarv:, ,
(2) , "Civil Court" docs not include th ~ High Court or the :::uprc,-'h:;
Court:
(3) ·'Culli~a.tor" means a person whocultivates v=1~1ndof another
person on condition of payment of rent, In cash or 1Il kind, or on con-
diiion of delivering or receiving share or any fixed aunntrty of the pro-
duce and includes a person who cultivates the land of another perso n on
any terms and conditions except as a paid servant or hired Iabo u((:1':
(4) "Owner" means' a ,person whose land is cultivated by a
cultivator:
(5) "Prescribed" means prescribed by rules midc uudcr llil~
Act;
(6) "Prescribed Authority" means
whose jurisdiction the land is situated
other officer specially' empowered by
this behalf. '
the District OILi....cr \vll!'ir(;
and shall also inc!L~lk :\11}'
the State GOVernlfl:.::~n in
.ict IV prevail 3. (1) The provisions' of this Act and of any rules made there"
ov rr other laws, under shall have" effect notwithstanding anything to the contrary
,1<", and contained in any other law or in any custom, usage, contra ..'t 0:'
over-riding instrument.
~'jj~cl of the Act. (2) Any law or custom or usage having the force orlaw 1ii
force immediately before the commencement of this Act shall ceuse
to have effect with respect to any matter for which provision is
made in this Act.
(3) Any other 'Iaw in force immediately before the COlnnl,~'n(:.:;-
ment of this Act shall cease to have effect in so far it is iuco n-
"~ sistent with any of the provisions contained in .l.is Act.
Prot ectiou of
Cultlvators
against
i.','iliill:JliOIl of
C't.11ivution
u!/d restoration
0)' (dlid.
4~ (1) No owner shall be entitled to terminate the cultivation of
his land ~y a cultivator except in execution of a~ .order made by
the prescribed authority on the, ground that the cuiuvator has with-
out any reasonable cause. failed fo cultivate the laud.
(2) Any order of ejectment passed under the provisions 0['
this Act shall be executed by the prescribed authoriy, but proper
comp~nsatlO.n· 'as IUJ.y be determined b~ the prescL:lbcd author iry
shall oe paid by the owner to the cultivator for IUS share of tUe
standing crops, if any.
,(3) If any owner terminates or causes to be: Itffniri:tI(:J lb:-
cultivation of any land by a cultivator in contravention 0[' ll1:: Ijl'u\'i-
sions orthis Act,' the prescribed authority shall, on receipt o'!, :iuy
appllcatl.on made by or on behalf of the cultivator and after giving
the cultivator and the owner an opportunity of being heard ~\lld
after making such inquiries as he IDly deem necessary, by order
dircct-
(a) in a case where such land h:1Snot been cultivated
or has beeni cnltivatcd by the owner or by any
person on hIS behalf other than a culti vator, lL.J (
the land be immediately restored to the cultivator
and further that forty per cent of any produce of
the land shall be forfeited to the State Govern-
ment and the remaining sixty per cent of' such
produce shall be retained by the cuhiv.uo..
(b) in C,lcase where such land has been culrivarcu bv
a new cultivator engaged by the owner, rh.u Lll~
land be restored at the end of tile cult ivui ion
season to the applicant cultivator and further llnt
the new cultivator shall retain fifty per cent of the
produce harvested before restoration and make
over the remaining fifty per cent of such produce
, to the applicant cultivator.

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Iurisdiction to. r
3
5,For the cultivation of any land, no cultivtor shall be required
to payor deliver to the owner and no owner shall be entitled to n.::ctive
from the cultivator, more than half of the principal prodLIceof the land
or the pr~ce thereof, as the case may be, as rent or sh.ire or on any
other account. _. -.
6. (1) If a cultivator r+
(a) - surrender's his right to cultivate in respect of land
cultivated by him as a cultivator, or
(b) abandons cultivation of such land, the owner of
the land shall give information in wriring 0 f such
-surrender or abandonment to the prescribed
authority.
(2) On receipt of such information the prescribed authority
shall, after giving the cultivator and the owner an opportunity of being
heard and making such inquiries as he may deem necessary, by order
determine whether the cultivator voluntarily surrendered or abandoned
his right of the cultivation in relation to such land.
(3) If the prescribed authority determines that the cultivator
had not voluntarily surrendered or abandoned the cultivation of the
land which was being cultivated by him as such and that he had been
compelled by force or otherwise to surrender or abandon the cultivation
of such land, the prescribed authorities shall restore the cultivator to the
cultivation of the land.
(4) If the cultivator is not available or is not willlllg to l..;,.:
restored to the cultivation of such land, or if the prescribed aurL10rilj
determines that the cultivator had voluntarily surrendered or ab~UldOllt:;.i
the cultivation of such land. the owner shall not resume -perso n.rl
cultivation of such land, but may, with the permission of the
prescribed authority, have the land cultivated by another cultivator
of the locality who is willing to cultivate the .land as cultivator.
7. (1) Where a cultivator cultivating any land dies, the cultivation
of such land may be continued for the remaining peroiod of that
agricultural year by the lawful heir of the cultivator and if such lawful
heir continues the cultivation, he shall have all the rights aud bc
subject to all the liabillities of a cultivator under this Act in respect
of such remaining period.':
(2) Where ;- •.
(a) no lawful heir of the cultivator is 111 a POSlllOD W
cultivate the land personally, or
(b) the lawful heir .ornits or fails to take any steps for the
continuation. of the cultivation of the land within flft0en
days from the date of the death of ithe cultivator, Or
if the agricultural operations in the. neighbouring lands
arc not .then in progress,' within fifteen days from the
date of commencement of such operation, ~~.~;cultivation
of the land may be continued by such person as in.ry
be nominated by the owner.
8. (1) If a cultivator fails or omits or neglects LO pay the
rent or share or fixed quantity of the produc payble to the owner,
the owner shall be entitled to recover such rent or produce due Lv
him or its money value.
(2) If the produce of any land cultivated by a cultivator whc-
ther before or after it is harvested is taken away by the owner f'orccibly
or otherwise, the cultivator shall be entitled to recover from such
owner the share or quantity of the produce due to him or
its money value.
9. Every dispute between a cultivator and tho" owner in respect of
the following matter, namely;-
(a) division or delivery of the produce or payment of ren t,
( b) recovery of rent, share or fixed quantity ofthe produce
under the rrovisions of sub-section (1) or sub-section

r
,.·l/;"/: L~'Oj •
Procedure and
c.xccu tion :
ir.nec: ion
to !'/erSGns.
[jot' of
Jurisdic 1ion.
Fo 11'(-'1' 10 make
ru ies.
'.'
Repeal and
4
10, Appeal shall lie within the prescribed vperioo to ,2.11Appeuue
O~~kcr to be appointed by the state Government ag~,~nst ariy ;..Lli
order of the prescribed authority made ~l11der this .Act, .except
where such order twas made by the prescribed authority with the
consent of the parties to the-dispute.
11. (1) The procedure to be followed by the prescribed authority
or by the Appellate Officer shall be as may be prescribed,
(2) An order made by prescribed authority or the Appella re
Ofncer shall be executed by the prescribed authority in such manner
as may be prescribed.
12, No suit, prosecution or other legal proceedings sld! 1[;:
against any persons for anything which is in good faith dv!'i(;
or intended to be done under or in pursuance of the proVi,:;j~l,!,;
of this Act, or the Sikkim Cultivators (Protection) Ordinance 1r.ns,
13. No order or other proceedings whatsoever under this Act'
shall be questioned in any Civil Court and no Civil Court shall
entertain any suit or proceeding in respect of any matter for which
provision is made in this Act.
14. (1) The State Government may make rules for carrying
out the purposes of this Act.
(2) In particular, and without 'prejudice to the generulity
of the foregoing provisions, such rules may provide for all or
any of the following matters, namly:-':"'"
(a) the period within which the cultivator shod! P~lY
or deliver to the owner the rent, or share or llx>.!
quantity of the produce to which the owner is en-
titled under this Act ;
(b) the period within which an apeal shall lie under
Section 10 to an Appellate Officer :
(c) the procedure to be followed by the prescribed
authority or the' Appellate Officer;
,(d) the manner in which the final order by the prcscr i
bed authority or the Appellate Officer shall be
executed;
(e) any other matter required to be prescribed un,.!;::f
this Act.
15. (1) The i Sikkim Cultivators (Protection) Ordinance [975 is hereby
repealed.
(2) Notwithstanding the repeal of the said Ordinance any pro-
ceeding or remedy in respect of any right, privilege, obligation or
liability under the said Ordinance and relating to the period before
such repeal may be instituted, continued or enforced as if the said
Ordinance had been in force and had not been repealed.
BY ORDER OF THE GOVERNOR
P. K. PRADHAN,
Secretary to the
, Government of Sikkim.

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