Sikkim Land (Requisition and Acquisition) Act, 1977
No: 1 Dated: Jan, 11 1978
THE SIKKIM LAND (REQUISITION AND ACQUISITION) ACT, 1977
ACT NO. 1 OF 1978
An Act To provide for the requisition and speedy acquisition of land for certain purposes.
Whereas it is expedient to provide for the requisition and speedy acquisition of land for public purposes as defined hereafter;
Be it enacted by the Legislature of Sikkim in the Twenty-eight year of the Republic of India as follows:
1. Short title, extent and commencement. - (1) This Act may be called the Sikkim Land (requisition and Acquisition) Act, 1977.
(2) It extends to the whole of Sikkim
(3) It shall come into force on such date as the State Government may by notification appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or Context,-
(1) "Collector" means the Collector of the district where the land is situated and includes any other officer specially empowered by the State Government to perform the functions of a Collector under this Act;
(2) "Court" means a principal Civil Court of original jurisdiction and and includes the Court of any Additional District Judge and also the Court of a Civil Judge whom the State Government may appoint, by name of by virtue of his office, to perform all or any of the function of the Court under this Act within such local limits, if any, as may be specified and in the case of a Civil Judge, upto the limits of the pecuniary jurisdiction with which he is vested for the time being;
(3) "Cultivator" means a person who cultivates the land of another No. 3 Gangtok, Monday, January 16, 1978 person on condition of delivering a share or any fixed quantity of the produce or any fixed amount to that person;
3. Power to requisition. - (1) If the State Government is of the opinion that it is necessary so to do for any public purpose, the State Government may, by order in writing, requisition any land and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning :
Provided no land used for the purpose of religious worship or used by and educational of charitable institution shall be requisitioned under this Section.
(2) A Collector, when authorized by the State Government in this behalf may exercise within his jurisdiction the powers conferred by sub- section (1).
(3) An order under sub-section (1) or sub-section (2) shall be served in the manner prescribed on the owner of the land and where the land is in the occupation of an occupier, not being the owner of the land also on such occupier.
(4) If any person fails to comply with a order made under sub-section (1) or sub-section (2), the Collector or any other person authorized by him in writing in this behalf shall execute the order in such manner as he considers expedient and may,-
(a) if he is a Magistrate, enforce the delivery of possession of the land in respect of which the order has been made, to himself, or
(b) if he is not a Magistrate, apply to a Magistrate and such Magistrate shall enforce the delivery of possession of such land to him.
4. Acquisition of Land. - (1) Where any land has been requisitioned under section 3, for any public purpose, the State Government may use or deal with such Land for such public purpose or any other public purpose.
(2) The State Government may acquire any land requisitioned Under section 3, by notification to the effect that such land is required to be acquired for any public purpose.
(3) where such a notification is published, the land requisitioned under Section 3 shall, on and from the beginning of the day on which the notification is published, vest absolutely in the State Government free from all incumbrances and the period of Requisition of such land shall end forthwith.
5. Notice to persons Interested. - (1) After the publication of a notification under sub-section (2) of Section 4 the collector shall cause public notice to be given at Convenient places on or near the land acquired stating that the State Government has acquired the land and that claims to the amount payable for the acquisition of such land may be made to him.
(2) Such public notices shall sate the particulars of the land so acquired and shall require all persons interested in the land to appear personally or by agent before the Collector at such place and on such date and at such time as may be mentioned therein, not being earlier than fifteen days after the publication of such notice and to state in writing and signed by such person or his agent the nature and particulars of their claims to the amount payable for the acquisition of such land.
(3) The Collector shall also serve notice in the manner prescribed on the occupier, if any, of such land and on all such persons known or believed to be interested therein or to be entitled to act for such occupier or person so interested, as reside or have agents authorized to receive service on their behalf, within the district within which the land is situated.
(4) In case any person so interested resides elsewhere, and has no Such agent, the notice shall be sent to him by registered post to his last known residence, address or place of business.
6. Release from Requisition. - (1) Where any land requisitioned under Section 3 is not acquired and is to be released from requisition, the State Government may, after making such inquiry as it considers necessary, specify, by order in writing who appears to it to be entitled to the possession of such land.
(2) The delivery of possession of such land to the person specified in the order made under sub-section (1) shall be a full discharge of any liability of the State Government for any claim for any amount payable for requisition or other claim in respect of such land for any period after the date of delivery, but shall not prejudice any right in respect of such land which any other person may be entitled by due process of law to enforce against the person to whom possession of the land is so delivered.
(3) Where the person specified in the order made under sub-section (1) cannot be found or is not readily traceable or has no agent or other person empowered to accept delivery on his behalf, the State Government shall publish a notification declaring that such land is released from requisition and shall cause a copy of such notification to be affixed on some conspicuous part of the land.
(4) On the publication of such a notification under sub-section (3) the land specified in such notification shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person specified in the order made under sub-section (1) and the State Government shall not be liable to pay any amount or other Claims in respect of such land for any period after the said date.