Sikkim Agriculture Land Ceiling and Reforms Act, 1977
No: 14 Dated: Jun, 30 1978
Sikkim Agricultural Land Ceiling and 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.
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
1. Short title, extent and commencement. - (1) This Act may be called the Sikkim Agricultural Land Ceiling and Reforms Act, 1977.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the Government may, by notification appoint.
2. Definitions. - 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 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;
(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) "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;
(l) "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, cooperative society, corporation, local authority, company registered under any law for the time being in force and all other concerns, institutions or authorities holding agricultural lands before the notified date;
(o) "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.
3. Act to override other laws. - (1) 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. Determination of bustiwalla. - 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.