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224
THE SIKKIM AGRICULTURAL LAND
CEILING AND REFORMS
ACT, 1977.
ARRANGEMENT OF SECTIONS
CHAPTER I

1. Short title, extent and commencement

.

2.

Definitions.

3.

Act to override other laws.

4.

Determination of bustiwalla.
CHAPTER II
Ceiling on Agricultural lands

5.

Persons not entitled to hold agricultural land in excess of ceiling limit.

6.

Ceiling limit.

7.

Transfer of land.

8.

Persons holding land in excess of ceiling limit to file statement.

9.

Preparation of draft statements as regards lands in excess of ceiling limit.

10.

Final statement.

11.

Vesting of lands in excess of ceiling limit.

12.

Payment of amount for excess land.

13.

Constitution of Tribunal and appeals thereto.

14

Second appeal to State Land Tribunal.

15

Mode of payment of amount.

16

Ceiling limit of future acquisition of land.

17

Bar of jurisdiction.

18

Cultivation by cultivators.

18

State Government to be party to all proceedings.

a.
.

CHAPTER I I I
Preparation of record-of-rights

19.

Preparation of record-of-rights.

20.

Draft and final publication of the record-of-rights.

225
21.

Correction of entry in the record-of-rights.

22.

Bar of jurisdiction of civil court in respect of certain matters.

CHAPTER IV
Distribution of vested lands

23.

Principles of distribution of lands.

CHAPTER V
Management of lands vested in the State

24:

Management of vested land by the State.

CHAPTER VI
Provisions as to revenue

25.

Liability to pay Revenue.

26.

Determination of Revenue and appeals.

CHAPTER VII
Restrictions on alienation of lands by Scheduled Tribes

27.

Commencement and overriding effect.

28.

Restrictions on alienation of lands by Scheduled Tribes.

29.

Transfer of land by Scheduled Tribes.

30.

Bar on registration of documents of transfer..

31.

Power of Revenue Officer to set aside improper transfers.

32.

Restriction on the sale in execution of decree or order.

33.

Appeal.

34.

Bar to suits and other proceedings.

35.

Certain laws to cease to have effect.

CHAPTER V I I I
Miscellaneous

36.

Power to make rules.

37.

Power to remove difficulties.

38.

Sikkim Regulation of Transfer and Use of Lands Act, 1975, not to apply.

THE SIKKIM

226

LAND

AGRICULTURAL

CEILINGAND REFORMS ACT, 1977

(ACT NO. 14 OF 1978)
AN
ACT

to provide for the imposition of a ceiling on agricultural lands, for the vesting of such lands
in excess of the Ceiling limit and for matters connected therewith, with a view to preventing the
concentration of agricultural lands in the State of Sikkim in the hands of a few persons to the
common detriment and with a view to bringing about equitable distribution of agricultural lands in
the State of Sikkim to sub serve the common good.
[21.3.1978]
WHEREAS all bustiwallas in respect of agricultural lands in Sikkim hold such lands
directly under the State and there is no intermediate or interposing or intervening interest or
agency between the State and such bustiwallas.
And
WHEREAS it is expedient to provide for the imposition of a ceiling on agricultural lands
held by the bustiwallas and other persons in the State of Sikkim, for the vesting. of such land in
excess of the ceiling limit and for matters connected therewith, with a view to preventing the
concentration of agricultural lands in the hands of a few persons to the common detriment and
with a view to bringing about an equitable distribution of the agricultural lands in the State of
Sikkim to sub serve the common good.

It is hereby enacted in the Twenty-eighth Year of the Republic of India by the Legislature
of Sikkim as follows:

CHAPTER I
Preliminary
Short title, extent
and commencement.

1.

(1)

This Act may be called the Sikkim Agricultural Land Ceiling

and Reforms Act, 1977.
It extends to the whole of Sikkim.

(2)
(3)

It shall come into force on such date as the Government may,

by notification, appoint.

227
2.

In this Act, unless the context otherwise requires,

(a)

"adhiadar" means a person who cultivates the land of a

bustiwalla on condition of delivering to or receiving from the
bustiwalla a share of the produce of such land;

( b)

'agricultural year' means the Fasli year being the period of

twelve calendar months commencing on and from the first of
day of February of one English year and ending with the
thirty-first day of January of the next English Year
immediately following;

(c)

'agricultural land' means land which is ordinarily used or

which is capable of being used for purposes of agriculture or
horticulture and includes such land, notwithstanding that it
may be lying fallow for the time being but does not include
any land used as homestead;

(d)

'bustiwalla' means a person who holds agricultural lands

directly under the State and holds it ordinarily for the purpose
of cultivating it by himself or by members of this family or by
servants or laborers or by Adhiadar or by Kutiadar or by other
cultivators.
Explanation: 'Cultivator' a means person who cultivates the
land of another I on condition of payment of any
consideration in cash or kind or in both or on condition of
delivering or receiving a share or any fixed quantity of the
produce and includes a person who cultivates the land of
another person on any terms and conditions except as a paid
servant or. hired laborer.

(e)

'ceiling limit' means the ceiling limit as determined in

accordance with the provisions of section .6;

(f)

'charitable purpose' includes relief of the poor, medical relief

or the advancement of education or any other object of
general public utility;

Definitions.

228

1.

(g)

'competent authority' means any person or authority

authorized by the State Government by notification to
perform the functions of the competent authority under this
Act for such area as may be specified in the notification and
different persons or authorities. may be authorized to perform
different functions;

(h)

'date of vesting' means the date mentioned in the notification

under sub-section (1) of section 11;

(i)

l["Family" in relation to a person means himself or herself and

his wife or husband as the case may be (other than judicially
separated wife or husband), minor sons and unmarried
daughters.]

(j)

'homestead' means a dwelling house together with any courtyard, compound, out-house, place of worship, family grave
yard, library, office, guest house, tanks, wells, privies,
latrines, drains and boundary walls, annexed to or
appertaining to such dwelling house;

(k)

'non-agricultural land' means land other than agricultural land

or other than land comprised in a forest;

(I)

'notification' means a notification published in the

Official Gazette;

(m)

'notified' area' means a district or part of a district or in

any other area in respect of which a notification has been
duly published under section 5;

(n)

'Person' shall include a monastery or other religious,

educational, charitable or other institution, co-operative
society, corporation, local authority, company

Subs. by sec. 2 of the Sikkim Agricultural Land Ceiling and Reforms (Amd.) Act No.2
of 1978 (w. e. f. 22 6. 78. )

229
registered under any law for the time being in force and
all other concerns, institutions or authorities holding
.agricultural lands before the notified date;

3.

(0)

'prescribed' means prescribed by rules made under this Act;

(p)

'religious purpose' means a purpose connected with religious

worship, teaching or service or any performance of religious
rites;

(q)

'Kutiadar' means a person who cultivates a land of a

bustiwalla on condition of delivering a fixed quantity of
produce of the land or any other fixed amount to the
bustiwalla.

(I)

The provisions of this Act shall have effect notwithstanding

anything to the contrary contained in any other law or any
contract or any usage or custom;

(2)

for the removal of doubts it is hereby declared that all

bustiwallas and all persons holding agricultural lands hold
such lands directly under the State and that there is no
intermediate or interposing or intervening agency or interest
between the State and the bustiwalla or other persons holding
agricultural lands and that all such bustiwallas and other persons are liable to pay revenue to the Government of the State
of Sikkim for such lands held by them.

4.

-If any question arises as to whether any person is a bustiwalla

or not, such question shall be determined by the competent
authority in such manner as may be prescribed.

Act to override other

laws.

Determination
bustiwalla.

of

CHAPTER II
Ceiling or Agricultural lands
5.

The State Government may 2[* * *] by notification

Persons not entitled to
declare that with effect from the date mentioned in the
hold agricultural land
notification (hereinafter in this Act referred to as the notified
in excess of ceiling
date) no person shall be entitled, to hold
limit.
--Omitted by sec. 3 of the S. A. L. C. & R. (Amd.) Act 1978 No.2 of 1978 ( w. e.
f. 22. 6. 78)

(I)

230
any agricultural land in excess of the ceiling limit in the
State of Sikkim and all lands in excess the ceiling limit
shall vest in the. State in accordance with and under the
provisions of this Act and the rules and notifications made
there under.
3[Explanation 1- The State Government may notify different
dates for different areas of the State.
Explanation 11

Ceiling limit.

The land held by bustiwalla as owner along

with land cultivated by him in the capacity of an
Adhiadar or a Kutiadar shall, for the purposes of
this Act, be deemed to be held by him]
4(****)

5[6. U) The ceiling shall be

(a)

in the case of person having no family or a family

consisting of not more than five members, twelve and a
half standard acres, and

(b)

in the case of a person having a family consisting more

than five members, twelve and a half standards acres
increased by two standard acres for each member in excess
of five, so however, that the ceiling area shall not exceed
twenty and a half standard acres.

Explanation - (i)

For the purpose of this sub-section, all lands held

by a person individually or jointly with other
members of his family shall be deemed to be held
by him.

(ii) Where any holding is held by him, jointly with any

person or persons other than a member of his
family, the share of each person in the jointholding shall be deemed to held by him.

3.
4.
s.

Inst. by sec.3 of the S. A. L. C. & R. (Amd.) Act No.2 of 1978 (w. e, f, 22 6.78.)
Omitted by ibid;
Subs. by sec 4 of the S. A. L. C. -& R. (Amd.) Act No 2 of 1978 (w. e f. 22. 6. 78)

231
(2)

Every adult son of a person shall be treated as a separate unit

and his share in his father's holding or in ancestral holding
shall be aggregated along with other land, if any, held by him
for the purposes of determining his ceiling limit.

Explanation I

No person who has not completed the age of

eighteen years on the date of the notification referred
to in sub-section (i) of section 5 or on the date of
future acquisition of land under section 16 shall be
deemed to be an adult.

Explanation II

The expression "adult son" includes an adult son who

is dead and has left surviving behind him his widow,
minor sons or daughters (other than married
daughters) who either do not own any land or hold
land less than twelve and a half standard acres.

3)

Notwithstanding anything in the preceding sub-sections, a

monastery or other religious institution shall be entitled to
hold

(a)

sixty standard acres, if it is listed in Group A of Schedule I,

and

(b)

twenty-five standard acres, if it is listed in Group B of

Schedule 1.

(4)

The provisions of this Act shall not apply to

(a)

Land used for growing tea to the extent notified by the State
Government;

(b)

land owned by the State Government or the Union

Government or an undertaking or company owned by the
State or the Union Government or by a local authority;

(c)

land held by a co-operative society including a co-operative

Bank, the State Bank of India, a subsidiary of the State Bank
of India as defined in the State

232
Bank of India (Subsidiary Banks) Act, 1959, a corresponding
new bank as defined in the Banking Companies (Acquisition
and Transfer of Undertakings) Act, 1970, the Agricultural
Refinance Corporation and the Agricultural Finance
Corporation:
Provided that in the case of a co-operative society, no member
shall be allowed to hold a share of the land which, together with his other
land, exceeds the ceiling applicable to him under sub-section (1); and

(d)

land held for industrial purposes to the extent notified by the

State Government in each case and for the period the land
continues to: be used for such purposes.

Explanation I -

Use of the land for a purpose other than that

notified by the State Government shall be deemed to
be cessation of use for industrial purposes unless
such different use is approved by the State
Government.

Explanation 11- Use of land for cultivation of crops to be used for

industrial purposes shall not amount to use for
industrial purposes.
(5)

Transfer of land.

6,
7.

7.

The "standard acre" for different areas for the State shall be
determined in the manner provided in Schedule II."]

No person holding agricultural land in excess of the ceiling

limit immediately before the notified date shall transfer any
such land or part thereof by way of sale, mortgage, gift, lease
or otherwise 6[or cause any alteration in the use of such land]
until he has furnished a statement under section 8 and a
notification regarding the excess land held by him has been
published under sub-section (1) of section 11; and any such
transfer 7[or change in the use of land] in contravention of
this provision shall be deemed to be null and void.

Subs. by sec. 6 of the: S A. L. C. & R. (Amd.) Act No.: of 1978 (w. e. f. 22.6. 1978)
Ins by ibid
,

233
8.

(I)

Every person holding agricultural land in excess of the

ceiling limit on the notified date shall within such period as
may be prescribed file a statement before the competent
authority having jurisdiction specifying the location, extent or
such other particulars as 'may be prescribed of all, agricultural
lands held by him and also specify the lands within the ceiling
limit which he intends to retain.

(2)

If the competent authority is of opinion that any person

holds on the notified date agricultural lands in excess of the
ceiling limit then notwithstanding anything contained in subsection' (1), it may serve a notice upon such person requiring
him to file, within such period as may be specified in the
notice, the statement referred to in sub section (1).

(3)

The competent authority may, if it is satisfied that it is

necessary so to do, extend the date for filing the statement
under this section by such further period or periods as it may
think fit.

(4)

The statement under this section shall be filed by such person

and in such manner as may be prescribed.

9.

On the basis of the statement filed by a person under subsection (1) of section 8 and in cases where a person fails to
file a statement in spite of service of a notice under subsection (2) of the said section, the competent authority may,
after such inquiry as he may 'consider necessary either by
himself or by any person subordinate to him, cause to be
prepared a draft statement in respect of that person.] ,

(2)

Every such draft statement prepared under subsection (I),

shall contain the following particulars, namely:

8[(1)

Persons holding land

in excess of ceiling
limit to file statement.

Preparation of draft
statements as regards
lands in excess of
ceiling limit.

Subs by sec. 6 of 'the S. A. L. C. (Amd.)Act No.-2of 1978(w.eJ.22.6.7S)

&R

234
(i)

the name and address of the person;

(ii)

the particulars of all agricultural lands

held by such person;

(iii)

the particulars of agricultural lands which such

person intends to retain within the ceiling limit;

(iv) such other particulars as may be prescribed.

(3)

The draft statement shall be served in such manner

as may be prescribed on the person concerned I
together with a notice stating that any objection!
to the draft .statement shall be preferred within I
thirty days from the service thereof.

(4)

Competent Authority
to have powers of 'a
Civil Court.

g (9A.

The competent authority shall duly consider any objection

received within the period specified in the notice referred to
in sub-section (3) or within such further period or periods as
may be extended by the competent authority for any good or
sufficient reason, from the person on whom a copy of the
draft statement has been served under that sub-section and
the competent authority shall, after giving the objector a
reasonable opportunity of being heard, pass such orders as it
deems fit.

The competent authority shall, for the purpose of this

Chapter, have the powers of a Civil Court under the law for
the time being in force relating to Civil Procedure in respect
of the following matters, namely:
'
(a)

9.

proof of facts by affidavits;

of

any

(b)

enforcing attendance
examination on oath;

(c)

production of documents; and

(d)

issue of commission.]

person

Ins by sec7 of the. S. A. L. C. &R (Amd.) Act No.2 of 1978 (w. e. f. 22. 6. 78)

and

his

235
10.

II.

(1)

11[
(2)

After the disposal of the objection, if any, received under subsection (4) of section 9, or after the disposal of any appeal, if
preferred under section 13, the competent authority shall make
the necessary alterations in the draft statements in accordance
with the orders passed on the objection as aforesaid or in
accordance with the orders, if any. passed under section 13
1O [or section 14, as the case may be, and shall determine the
land held by the person concerned in excess of the ceiling
limit and also the land which such person shall be allowed to
retain within the ceiling limit and shall prepare a final
statement on the basis of the draft statement as so altered and
cause a copy of the final statement as so prepared to be served
in the manner referred to in sub-section (3) of section 9 on the
person concerned.
As soon as may be after the service of the final statement
under section 10 on the person concerned the competent
authority may by notification declare that all lands determined
as in excess of the ceiling limit under section 10 shall with
effect from such date as may be specified in the declaration,
be deemed to have been vested in the State and upon the
publication of such declaration all such lands shall vest
absolutely in the State free from ,all encumbrances with effect
from' the date so specified.

Final statement.

Vesting of lands in
excess of ceiling limit.

The encumbrances, if any, on the excess land vested in the

State in pursuance of sub-section (I) shall attach to the
amount payable under sub-section (1) of section 12.]
(3) Where any excess land is vested in the State under subsection (1), the competent authority, may, by notice in
writing, order any person who may be in possession of such,
land to surrender or deliver possession thereof to the State
G0vernment or to any officer duly authorized by the
competent authority in this behalf, within thirty days of the
service of the notice.

10.
11

Ins. by sec. 80fthe S. A. L. C. Br R (.Amd) Act No.2 of 1978 (w. 'e. f. 22. 6.78)
Subs. by sec. 9 of the S. A. L. C. & R (Amd.) Act No. :2 of 1978 (w. e. f. 22. 6.
78)

236
(4)

If any person refuses or fairs to comply with an order

made under sub-section (3), the competent authority may
take possession of the excess land or cause it to be given to
the State Government or to any person authorized by the
State Government in this behalf and may for that purpose use
such force as may be necessary.

12 ["( 5) Without prejudice to the provisions of sub-section (4), a

person who does not surrender or deliver possession of the
excess land within thirty days of the' service of the notice
referred to in sub-section (3) shall be liable to pay to the
State Government for the period he continues in possession
or such. amount as may be determined by the competentauthority in' the prescribed manner and such amount shall be
recoverable as an arrear of land revenue".]

Payment of amount
for excess land.

12.

(1)

Where any excess land vests or is deemed to have been

vested under sub-section (I) of section 11 the State
Government shall pay to the person or persons holding such
land immediately before the date of vesting an amount
determined by the competent, authority according to the
following principles:
13[(i)

(ii)

for the first twenty standard acres, an amount being

two hundred times the land revenue payable for such
land;
for the next thirty standard acres, an amount'

being one hundred times the land revenue

payable for such land;
(iii) for the next fifty standard acres, an amount being fifty
times the land revenue payable for such land; and
(iv) for the remaining land, an amount being twenty-five
times the land revenue payable for such land.]

12.
13.

Ins. by ibid.
Subs. by sec. 10 of the S. A. L.C. & R. (Amd.) Act No.2 of 1978 (w. e. f. 22. 6. 78)

237
(2)

Before determining the amount to be paid as aforesaid,

every person interested shall be given' an opportunity to state
his case as to the amount to be paid to him.

(3)

Notwithstanding anything contained in the foregoing

provisions, if the State Government is of opinion that as a
result of imposition of ceiling limit on the lands held by a
monastery or other religious institution and vesting of the
excess lands as a result thereof it has become difficult for
such monastery or religious institution to carryon proper
management and administration, the State Government. may
in accordance with such rules as may be prescribed, .pay to
such monastery or religious institution, such annual sum not
exceeding the average of the amounts received by such
monastery or religious institution from such excess lands
during the preceding three years immediately before the date
of vesting.

13. (1)

If any person is aggrieved by an order of the competent

authority under section 4 or sub-section (4) of section 9 or
section 12, he may within thirty days from the date of the
order prefer an appeal to the Tribunal to be constituted by the
State Government.

(2)

Such Tribunal shall consist of a sole member who shall be not

below the rank of a Deputy Secretary to the State
Government.

(3)

The Tribunal may entertain an appeal after the expiry of the

said period of thirty days if it is satisfied that the appellant
was prevented by sufficient cause from filing appeals, in time.

(4)

In deciding appeals, the Tribunal shall exercise all the

powers which a Civil Court has and shall follow as far as
possible, the same procedure which a Civil Court follows in
deciding appeals against decrees of an original court under the
law relating to Civil Procedure.

Constitution of Trib
unal and appeals
thereto.

238
Second appeal to
State Land Tribunal.

14. (1)

(2)

3)

Made of payment of
15
amount.

.14

If any person is aggrieved by any decision of the Tribunal

constituted under section 13, he may within 14[sixty] days
from the date of the decision prefer an appeal to the State
Land Tribunal to be constituted by the State Government.

Such Tribunal shall consist of a member who shall not be

below the rank of. a District Judge or an Additional District
Judge.
The State Land Tribunal may entertain an appeal after
the expiry of the said period of thirty days if it is satisfied that
the appellant was prevented by sufficient cause from filing the
appeal in time.

(4)

In deciding appeals under this section, the State Land

Tribunal shall exercise all the powers and shall follow the
same procedure to be followed by the Tribunal under subsection (4) of section 13, and may vary, alter, modify or set
aside the order of such Tribunal or pass such other orders as it
may deem fit.

(5)

Save as otherwise provided" no Court or Tribunal except

the Supreme Court exercising jurisdiction under Article 136
of the Constitution of India, shall have any jurisdiction with
respect to all or any of the matters falling within the
jurisdiction of the Tribunal or the State Land Tribunal.

The State Government shall within a period of ten months

from the date of the order of the competent authority
determining the amount to be paid under section 12, or in a
case where an' appeal has been preferred against such order
under section 13, or under section 14, within a period of ten
months from the date of the final appellate order, pay the
amount determined under section 12, or under" section 13, or
under section 14, as the case may be, to the person or persons
entitled thereto in ten equal install
Subs. by sec. 11 of the S. A. L. C. & R (Amd.) Act No.2 of 1978 (w. e. f. 22. 6. 78)

239
ments and such amount shall carry interest at the rate of
five percent per annum from the date of the order under
section12 until final payment.

15[Provided that where the amount payable to a person does not

exceed the sum of rupees one thousand, the entire amount shall be paid in
a lump sum.]

16.

17.

(I)

If on or after the commencement of this Act or on or after the

notified date or on or after the date of vesting under section
11, any person acquires by transfer, inheritance, or otherwise
any agricultural land the extent of which together with the
extent of the agricultural land held by him exceeds in aggregate the ceiling limit, than he shall within three months of the
date of such acquisition, file a statement before the competent
authority having jurisdiction specifying the extent, location
and such other particulars as may be prescribed of the agricultural lands held by him and also specifying the agricultural
lands within the ceiling limits which he intends to retain.
.

(2)

The provisions of section 8 to 15 (both inclusive) shall, so far

as may be, apply to the statement filed under this section and
to the land held by such person in excess of the ceiling limit.

Ceiling limit of
future acquisition
of land.

Bar of jurisdiction.
. Save as otherwise provided in this Act, no Civil Court shall
have jurisdiction to decide or deal with any question or to
determine' any matter which is by or under this Act or any
rules made there under required to be decided or dealt with
or to be determined by the competent authority of any other
authority and no orders passed or proceedings commenced
under the provisions of this Chapter shall be called in question in any Civil Court.
Ins; by sec. 12 of the S. A. L. C. & R (Amd) Act No.2 1978 (w. e. f. 22.6.78)

240
Cultivation by cultivators.

18. (1)

Where any land vested in the State under section 11 is being

cultivated by a cultivator, the right of cultivation of such
cultivator in relation to any such vested land which including
any other land held or cultivated by him is in excess of three
standard acres shall on and from the date of vesting stands
terminated. .

(2)

Every cultivator shall in relation to the land which he is

authorized by sub-section (1) to retain under his cultivation
become on and from the date of vesting a bustiwalla in respect
of such land.

(3)

If such cultivator is also a bustiwalla in respect of any other

land immediately before the date of vesting in excess of three
standard acres he shall not be entitled to retain under his
cultivation any land under sub-section (1) and his right of
cultivation in respect of all excess lands as referred to in subsection (1) shall stand terminated. .

State Government to
be party to all
proceedings.

16[18A.
.

The State Government shall be party to all proceedings under

the provisions of this Chapter.

Penalties.

18B.

Whoever contravenes any order passed under this Chapter or

obstructs any person from taking possession of any land under
section 11 or fails to furnish the statement required under
section 16 or makes or submits a statement or furnishes any
information which is false or which he has reasons to believe
to be false, shall be punishable with fine which may extend to
one thousand rupees.

Recovery of arrears
of land revenue and
other Government
dues.

18C.

All arrears of land revenue and other Government dues

in respect of any holding or holdings, part or parts whereof
has or have been acquired under this Chapter, may, without
prejudice to any other mode of recovery, be recovered by
deducting the outstanding amount from the amount payable
under section 12.

15.
16.

Ins. by sec. 13 of the S. A. L. C. & R. (Amd.) Act No.2 of 1978 (w. e. f. 22.6.78)

241
18D.

Where on account of an arithmetical error a person has

been paid any amount in excess of what he is entitled to under
section 12, the State Government shall be competent to
recover the excess amount as an arrear of land revenue:

Recovery of excess
amounts paid.

Provided that no order for recovery of any such amount shall be

made without giving the person an opportunity of being heard by the
Competent Authority.]
CHAPTER III
Preparation of record-of-rights
19. (I)

. The State Government may, for the purpose of carrying out

the purposes of this Act, make an order directing that a
record-of-rights be prepared in respect of all agricultural lands
in the State of Sikkim or for such area as may be specified in
the notification.

(2)

The State Government may by order declare that the

record-of-rights, if any, already in the process of preparation
or already made or prepared immediately before the
commencement of this 'Act shall be deemed to be the recordof-rights prepared and published under this section and may, if
necessary, order such record-of-rights to be revised.

(3)

The preparation of record-of-rights under sub-section (1)

or the revision of record-of-rights under sub-section (2) shall
be made by such officer appointed by the State Government
referred to as the Revenue Officer in this act, in accordance
with such rules as may be prescribed and shall contain such
particulars as may be prescribed.

(1)

When a record-of-rights has been revised or prepared the

Revenue Officer shall publish a draft of the record so revised
or prepared in the prescribed manner and for the prescribed
period and shall receive and consider any objection which
may be made during such period to any entry therein or to any
omission there form.

20.

Preparation of record-of-rights.

Draft and .final pub- .

lication of the recordof-rights.

242.
.. (2)

When all such objections have been considered and

disposed of according to such rules as may be prescribed in
this behalf, the Revenue Officer shall finally prepare the
record and cause such record to be finally published in the
prescribed manner and make a certificate stating the fact of
such final publication and the date thereof and shall date and
subscribe the same under his name and official designation.

(3)

Separate publication of different parts of draft or final

records may be made under sub-section (1) or sub-section (2)
for different local areas.

(4)

An Officer specially empowered by the State Government may, on application within one year or of his own
motion within such period as may be prescribed from the date
of final publication of the record-of rights under sub-section
(2), revise an entry in the record finally published under the
provisions of subsection (2) after giving the persons interested
an opportunity of being heard and after according reasons
thereof.

(5)

Any person aggrieved by an order passed under subsection (4) may, within such period as may be prescribed,
appeal in the prescribed manner to the Tribunal constituted
under section 13.

(6)

The certificate of final publication referred to in subsection (2), or in the absence of' such certificate, a certificate
signed by the Revenue Officer of the area where the. Lands to
which the record-of-rights relates is wholly or partly situate,
stating that a record-of rights has been finally published on a
specified date, shall be conclusive proof of such publication
and of the date thereof.

(7)

The State Government may, by notification, declare with

regard to any area specified in the notification that the recordof-rights for such area has been finally published and such
notification shall be conclusive proof of such publication.

243
(8)

In any suit or other proceeding in which record-of rights

prepared and finally published under this Chapter, or a duly
certified copy of the record or an extract there from, is
produced, such record-of rights shall be presumed to have
been finally published.

(9)

Every entry in the record-of-rights finally published under

sub-section (2) including an entry revised under' sub-section
(4) subject to any modification by an order on appeal under
sub-section (5) or corrected under section 21 shall be
presumed to be correct.

*
*****)

17(21.
22.

(1)

When an order has been made under section 19 directing

revision or preparation of a record-of-rights, no Civil Court
shall entertain any suit or application for the determination of
the revenue or the intendents of any land or the status of any
person in relation to any land to which' the record-of-rights
relates, and if any suit or application in which any of the
aforesaid matters is in issue, is pending before a Civil Court
on the date of such order, it shall be stayed and it shall on, the
expiry of the period prescribed for an appeal under subsection (5) of section 20 when such an appeal has been filed
under that sub-section, on the disposal of such appeal, abate
so far as it relates to any of the aforesaid matters.

Bar of jurisdiction
. of civil court in res
pect of certain
matters.

Explanation: In this section "suit" includes an appeal.

(2)

17.

No Civil Court shall entertain any suit or application

concerning any land if it relates to any alteration of any entry
in the record-of-rights finally published, revised, corrected or
modified under any of the provisions of this Chapter.

Omitted by sec. 14 of the S. A. L. C. & R.. (Amd.) Act No.2 of 1978 (w. e. f. 22. 6. 78)

244
CHAPTER I V
Distribution of vested lands
Principles of distribution of lands.

23.

(1)

Subject 'to the provisions of this Act and the rules made there
under, the settlement of lands which vest in the State under
section I I shall be made, on such terms and conditions and in
such manner as may be prescribed, with persons who reside
near the locality where the land is situated and who intend to
bring the land under personal cultivation and who owns no
land or less than three standard acres of land, preference
being given to those among such persons who form
themselves into a co-operative farming society:

Provided that settlement of any such lands may be made with other
persons where such settlement is in the opinion of the State Government
necessary for the public purpose connected with agricultural or otherwise
on such terms and conditions as the State Government may think fit.
(2)

Subject to the provisions of sub-section (1), all lands

vested in the State under this Act, shall be disposed of or
otherwise dealt with to sub serve the common good on such
terms and conditions as the State Government may deem fit.

(3
3)

Notwithstanding anything contained in sub-section (1) and (2),

where the State Government is satisfied that it is necessary to
retain or reserve any such rand vested under this Act for the
purpose of the State Government or any other public purpose,
it shall be competent for the State Government to retain or
reserve such land for the same.

CHAPTER V

Management of
vested land by the
State.

24.

Management of lands vested in the State

All lands and all interests therein vested in the State under this
Act shall, unless the State Government otherwise directs by
any general or special order and subject to such rules as may
be prescribed by the State Government in this behalf, be
managed by the Collector of the district in which the lands
are situated:

245
Provided the State Government may entrust the management of
such lands in any area to such authority as may be prescribed and such
authority shall, thereupon manage the lands subject to the control of the
State Government and in accordance with such rules as may be prescribed.

CHAPTER VI
Provisions as to revenue
25,

(1)

(2)
26.

(1)

(2)

(3)

Every person shall be liable to pay revenue to the State

Government for the lands allowed to be retained by him
within the ceiling limit.

Liability to. pay

Revenue.

Revenue shall be the first charge on the lands.

A person shall pay as revenue for the lands allowed to be
retained by him such amount as maybe determined by the
Revenue Officer in the prescribed manner having regard to the
amount payable by him as khazana for such lands
immediately before the notified date.

Where, immediately before the notified date, no khazana

was payable in respect of the lands allowed to be retained by
such person or where khazana for such lands was payable
wholly in kind or partly in kind and partly in cash, he shall pay
as revenue such amount as may be determined by the Revenue
Officer in the prescribed manner having regard to the
prevailing average rate of cash khazana for lands of similar.
description and with similar advantages in the vicinity.

Until any revenue is determined under sub-section (1) or subsection (2) every person shall continue to pay as revenue to
the State Government for the lands allowed be retained by
him within the ceiling limit such proportionate amount as
would have been paid by him as khazana for such lands
immediately before the notified date.

Determination of
Revenue and appeal.

246
(4) Any person aggrieved by an order determining the
amount of revenue under sub-section (1) or sub-sections (2),
may. within thirty days from the date of such order, appeal to
the Tribunal constituted under section 13 and such appeal
shall be disposed of in the manner provided in section 13.

CHAPTER VII
Restrictions on alienation of lands by Scheduled Tribes
Commencement and 27. (1)
overriding effect,

(2)

Restrictions on
alienation, of land by
Scheduled Tribes.

28.

The provisions of this Chapter shall come into force on such

date as the Government may, by notification, appoint.

The provisions of this Chapter shall have effect

notwithstanding anything to the contrary contained elsewhere
in this Act.
Save as otherwise provided in this - Chapter any transfer by a
person belonging to a Scheduled Tribe in respect of any land
allowed to be retained by him under this Act or portion
thereof shall be void.

Explanation:- (1)

The expression "Scheduled Tribes"

in this Chapter shall mean such Tribes or
Tribal communities as are deemed to be
Scheduled Tribes in relation to the State
of Sikkim under Article 342 of the
Constitution of India.

(2) "Land" for this Chapter shall mean lands

allowed to be retained or any portion of
such land by member of a Scheduled
Tribe under- this Act.
Transfer of land by
Scheduled Tribes.

29. (1)

A person belonging to a Scheduled Tribe may transfer his

land or part thereof by' transfer to on other member of
Scheduled Tribe or to the Government or to a Corporation
owned or controlled by the Government or to a Scheduled or
nationalized bank or to a registered co-operative society.

247
(2) A person belonging. to. Scheduled Tribe may, with
the permission in writing of the Revenue Officer. transfer his
land to. a person not belonging to any Scheduled Tribe.

(3) The Revenue. Officer shall not grant permission

referred. to in sub-section (2) unless he is satisfied that no
transferee belonging to, Scheduled. Tribe is willing to pay the
fair and reasonable consideration for the transfer of the land
and that the proposed transfer is intended to be made for one
or more of the following purposes, namely:

(a) to meet the expenses for the maintenance, education,

marriage or medical treatment of such person or any
member of his family, or
(b) to make payment of any amount to the Government or
other local authorities, or
(c) for the purpose of making gift of the land to any
institution established exclusively, .for religious or
charitable purpose;
(d) for the purpose of establishing or running any
industry; or
(e) for such other purpose as may be prescribed.
30.

No document of transfer made in contravention of the

provisions of this Chapter shall be registered by any authority
or in any way recognized as valid in any Court exercising
civil, criminal or revenue jurisdiction or by any other
authority.

Bar on registration
of documents of
transfer.

31. (1)

If a transfer of any land by a person belonging to a

Scheduled Tribe is made in contravention of the provisions of
this Chapter, or if the permission for the transfer under subsection (2) of section 29 is found, after an inquiry in the
prescribed manner, to have been obtained' by misrepresentation or fraud, the Revenue Officer may, of

Power of Revenue
Officer to set aside
improper transfers.

248
his own motion or on a application made in that behalf
and after giving the transferee an opportunity of being heard
by an order in writing, annul the transfer where necessary and
shall order ejectment of the transferee from such land, unless
such transferee has been in continuous possession, for twelve
years under the transfer made in contravention of this Chapter.

(2) When the Revenue Officer has passed any order of

ejectment under sub-section (I); he shall also order restoration
of the transferred land to the transferor or his successors-ininterest.
(3) If an order of ejectment under sub-section (I) or an
order of restoration under sub-section (2) is not complied with
within thirty days of the passing of such order or within such
further period as may be extended by the Revenue Officer for
good and sufficient reason, the Collector of the district in
which such land is situated, shall on a requisition to that effect
from the Revenue Officer, effect such ejectment and
restoration and for that purpose use such force as may be
necessary.

Restriction on the
sale in execution of
decree or order.

32.

No decree or order shall be passed by any court for the

sale of the land of person belonging to a Scheduled Tribe,
except for realization of any Government dues or other public
demands:

18[Provided that no such sale shall take place in favor of any

person not belonging to a Scheduled Tribe except with the permission of
the Collector of the district who shall not grant such permission .unless he
is satisfied that no member of the Scheduled Tribe is willing to buy the
land at the minimum amount equivalent to the market price for such
'land. ]
Appeal.

18.

33.

Any person aggrieved by an order of the Revenue

Officer under section 31 may, within thirty days from the date
of such order, appeal to the Tribunal constituted under section
13 and such appeal shall be disposed of in the manner
provided in section 13.

Ins. by see. 15 of the S. A. L. C. &: R. (Amd.) Act No.2 of 1978. (w. e. f. 22. 6. 78)

249
34.

Save as otherwise provided, no suit or other proceeding

shall lie in any Court, Tribunal or before any other authority,
to challenge, vary or to set aside any order passed under this
Chapter by the Revenue Officer or the Tribunal:

Bar to suits and

other proceedings.

35.

On and from the commencement of the provisions of this

Chapter, the provisions contained in the Revenue Order No 1,
dated the 17th May, 1917 and all other laws relating to
matters governed by this Chapter _shall cease to have any
force and effect.

Certain laws to cease

to have effect.

CHAPTER VIII
Miscellaneous
36.

(1)

The State Government may, by notification make rules

for the purpose of carrying the provision of this Act,

(2)

In particular, and without prejudice to the generality of

the provisions, such rules may provide for all or any of the
following matters, namely:

(a)

the manner of determination under section 4;

Power to make
rules.

*]
19[(b) and (c) *
**
the period within which the statement may be filed
(d)
under sub-section (1) of section 8 and the particulars which
are to be specified in such statement and the person by whom
and the manner in which such statement is to be filed;

19.

(e)

the particulars to be mentioned in the draft statement under

sub-section (2) of section 9;

(f)

the manner of serving the draft statement under subsection (2)

of section 9;

(g)

determination and manner .of payment of an annual sum

under sub-section (3) of section 12;

Omitted by sec. 16 of the S. A.L. ,C..&;, R. (Amd. ) Act No.2 of 1978 (w. e. f. 22. 6.
78) .

250
(h)

the particulars to be mentioned in the statement referred to in

sub-section (I) of section 16;

(i)

the preparation and under revision

section 19;

(j)

publication of the draft and final record-of-rights under

section 20, the period of such publication, the period within
which an application is to be made under sub-section (4) of
section 20, and the period within which an appeal is to be
preferred under sub-section (5) of section 20;

(k)

the principle and the manner of distribution of lands under

section 23;

(I)

management by the Collector or other authority of the vested

lands under section and the authority under the proviso to
section 24;

(m)

the manner of determination of revenue under subsection (1)

and sub-section (2) of section 26;

(n)

the purposes under clause (e) of sub-section (3) of

section 29:

(0)

the manner of enquiry under section 31.

of record-of-rights

Protection for acts

done in good faith.

20[36A.

No suit or prosecution or other legal proceedings shall

lie against any person or the State Government for anything
done or purported to have been done in good faith or in
pursuance of this Act or any rule framed or order passed under
this Act.]

Power to remove
difficulties.

37.

If any difficulty arises in giving effect to the provisions of this

Act or the rules made there under, the State Government, by
order, do anything not inconsistent with such provisions
which appears to be necessary or expedient for the purpose of
removing the difficulty:

21[Provided. that no order under this section shall be made by the

State Government after the expiration of a period of two years from the
commencement of this Act.]
20.
21.

Ins. by sec. 17 of the S. A. L. C. & R (Amd.) Act No.2 of 1978 (w. e. f. 22.6.78)
Ins. by sec. 18 of the S. A. L. C. & R. (Amd.) Act No. 2 of 1978 (w. e. f. 22. 6. 78)

251
38.

On and from the date of vesting under section 11 of this Act,

the provisions of the Sikkim Regulation of Transfer and Use
of Lands Act, 1975 shall cease to have effect in respect of all
lands to which provisions of this Act shall apply.

Sikkim Regulation of
Transfer and Use of
Lands Act, 1975, not
to apply.

SCHEDULE 22[1]
[Section 6 (4) (I) and section 6 (4) (ii)]

1.
2.
3.
4.
5.
6.

GROUP 'A'
Pemayangtse Gompa Phodong
Gompa
Phensang Gompa
Kalong Gompa
Rumtek Gompa
Tashiding Ngadak Gompa
GROUP. 'B'

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
. 19.
20.
21.
22.
23.
22.

Melli Gompa
Sangaak Cholling Gompa
Honchoed Palri Gompa' Dubdi
Gompa
Sinon Gompa
Tashiding Guru Lhakang
Dolling Gompa
Rinchenpung Gompa
Lhuntse Gompa
Namchi Ngadak Gompa
Simik Gompa
Yangang Gompa
Tumin Gompa
Kartot Gompa
Linkey Gompa
Pabyok Gompa
Enchey Gompa
Labrang Gompa
Lingdok Chankar Gompa
Ringeon Gompa
Hee Gyathang Gompa
Lingthem Gompa
Tolung Gompa
Ins. by sec. 19 of the S. A. L. C. & R. (Amd.) Act No.2 ofl978 (w, e. f.2'.6. 78)

252
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
. '66."

Sharchok Bayphuk
Labrang Wangditse
Chungthang Gompa
Chakung Gompa
Chawang ani Gompa
Bakcham Gompa (Lhakang)
Hungri Gompa
Ship Knag Choling Gompa
Rbenock Gompa
Santam Gompa
Singchit Ngadak Gompa
Likney Pbagyal Gompa
Sam dong Gompa
Barmiok Gompa
Lachen Gompa
Lachung Gompa
Lachen Mani Lhakang
, Lacbung Thangmochi
Lachung Mani Lhakang
Dotsuk Gompa
Lachen Tbangu
Gying Gompa
Chaney Gompa
Tendang Tsamkang
Tumlang Mani Lhakang
Tingbung Gompa
Summer Gompa
Sang Gompa
Parbing Gompa
Thakurbari, Gangtok Town
Zingling Mandir, Song
Durga Mandir, Rumtek,
Mahadev Sbivalaya Mandir, Parkha
Mahadev Mandir, Sam dong
Shivalaya Mandir, Tintek
Shivalaya Mandir, Chhujachen
Thakurbari, Rangpo Bazar
Thakurbari, Singtam Bazar
Radha Krisbna Mandir, Rhenock Bazar
Mahadev Mandir, Rhenock Bazar
Sbivalaya Mandir, Aritar Khamdong
Shivalaya Mandir" Chbota Singtam
Sbivalaya. Mandir, Dikling Pachekhani

253
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104
105.
106.
107.
108.
109.
llO.

Shidheshwar Mahadev Mandir, Namchebong

Mandir, Tarpin
Thakurbari, Rongli Bazar
Onkareshwar Mandir, Aho
Kali Mandir, Rangpo
Krishna Mandir, Duga
Thakurbari, Pakyong Bazar
Krishna Mandir, Niya Bram
Chemchey Mandir, Namchi
Thakurbari, Namchi Bazar
Thakurbari, Melli Bazar
Mahadev Than, Legshep
Shri Pashupati Nath Mandir, Dhambudanra
Mandir, Timburbung
Icha Pura Dasi Ram Dham, Samdong
Thakurbari, Soreyong
Mandir, Gellin g
Mandir Sadhungaon, Chakung
Durga Bhawani Mandir, Kaluk
Paranami Mandir, Tharpu
Bhagawati Saraswati Mandir, Dentam
Mandir, Hee Gaon
Durga Mandir, Burmiok
Devi Mandir, Sancharey
Thakurbari, Nayabazar
Durga Bhawani Devi Mandir. Upper Burmiok
Devi Mandir, Tadung
Durga Mandir, Dentam
Shiva Mandir, Martam
Bhagawati Mandir, Kewzing
Rameshwar Mandir. Sadam
Rameshwar Mandir, Sumbuk
Bhagawati Mandir, Sumbuk
Shivalaya, Dhargaon
Shivalaya, Lingmo
Shankar Bhagawan Shivalaya, Majhitar
Gangtok Presbyterian Church
Namchi Presbyterian Church
Chakung Rumbuk Church
Wak Presbyterian Church
Phambong Presbyterian Church
Rhenock Presbyterian Church
Mangan Pentecostal Church- --, Mosque at Gangtok

.-----.

-.

254
23["SCHEDULE" II
Section 6 (5)
1.
All agricultural lands shall, on the basis of productivity of the soil and access to markets,
be classified into Circles. Until a new classification is made, the classification made in Notification
No. 615/LR dated the 7th June, 1957, shall be operative in respect of the area referred to therein.
For other areas, the classification determined in the course of settlement operations shall be
accepted.
2.
Each circle shall, on the basis of altitude and type of crops grown, be further divided into
classes and sub-classes. The classes and sub-classes recorded in the record-of-rights for the time
being in force shall be accepted for the purpose of ascertaining the class or sub-class to which a land
belongs.
.
3.
After ascertaining the, appropriate Circle, class and sub-class in the manner aforesaid, the
area comprised in the holding shall be converted into standard acres according to the following table
of conversion :-- '
CIRCLE

CLASS

AREA EQUIVALENT TO
A STANDARD
ACRE

I Paddy/Cardamom II do- J
III~-do
I Dry
II -do
III -do
Banjo

1.00 acre
1.25 acres
1.50 -do2.00 acres
2.50 do3.00 -do3.00 -do

Ii-Paddy/Cardamom II
-doIII -do
I Dry
II Dry
III -do
Banjo
I Paddy/Cardamom II do
III -do
I Dry
II -do
III -de
Banjo

1.10 acres
1.37 -do1.65 -do2.20 -do
2.75 -do3.30 -do3.30 -do
1.30 acres
1.50 -do2.00 -do2.60 -do3.00 -do4.00 -do
4.00 -do-"]

23.

Ins by sec 20 of the S. A. L. C. '& R. (Amd.) Act No.2 of 1978 (w. e. f. 22. 6. 78)

..