The Sikkim Regulation of Transfer of Land Act, 2005

Act 18 of 2005

Keyword(s):

Agriculturist, Family

Amendments appended: 10 of 2018, 18 of 2018, 23 of 2018, 2 of 2019

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SIKKIM

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Gangtok Friday 3rd February, 2006 No. 23

GOVERNMENT OF SIKKIM LAW DEPARTMENT

GANGTOK

No. 18/LD/2006. Dated: 31.01.2006.

NOTIFICATION

The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 18thday of January, 2006 is hereby published for general information:-

THE SIKKIM REGULATION OF TRANSFER OF LAND ACT, 2005(ACT NO. 18 OF 2005)

ANACT

to make provision for the regulation of transfer of lands, covering wider section of the populationin the State and other matters connected therewith.

Whereas the old laws on transfer of land catered to certain section of the population in the State;

And whereas it has been considered expedient to have law regulating transfer of land covering wider sectionsof the population in the State and strengthen the existing law further.

Be it enacted by the Legislature of Sikkim in the Fifty-sixth Year of the Republic of India as follows: -

1. (1) This Act may be called the Sikkim Regulation of Transfer of Land Act, 2005.(2) It extends to the whole of Sikkim.(3) It shall come into force on such date as the State Government may by notification

in the Official Gazette appoint.2. (a) “agriculturist” means a landowner who cultivates land personally in a holding situated

in Sikkim.Explanation (1)-

“to cultivate personally” with its grammatical variations and cognate expression means:-

(i) by one’s own account,(ii) by one’s own labour,(iii) by the labour of any member of one’s family, or(iv) under the personal supervision of oneself or any member of ones family by hired

labour or by servant on wages payable either in cash or kind.Explanation (2)-

in the case of a joint family the land shall be deemed to have been cultivated personally,if it is cultivated by any member of such family.

Short title,extent, andcommencement

Definition

(b) “Family” means husband, wife, children and includes his parents, grandparents,brothers and unmarried, widowed, separated or divorced sisters.

3 (1). Save as otherwise provided in any other law, rule or order and as providedhereunder, no transfer of land belonging to any person, by way of sale, gift, exchange,mortgaged or sublet with possession shall be valid in favour of a person who is not anagriculturist.

Explanation.-For the purpose of this section the expression “transfer of land” shall not include -(i) transfer by way of inheritance,(ii) transfer by way of gift made or will executed in favour of any or all legal heirs of

the donor or the testator as the case may be but shall include -(a) a benami transaction in which land is transferred to an agriculturist for a

consideration paid or provided by a non-agriculturist and(b) authorization made by the owner by way of special or general power of attorney

or by an agreement with the intention to put a non-agriculturist in possession ofthe land and allow him to deal with the land in the like manner as if he is a realowner of that land.

(2) Nothing in sub-section (1) shall be deemed to prohibit the transfer of land byany person in favour of.-

(a) a person who has become non-agriculturist on account of acquisition of hisland for any public purpose under Land Acquisition Act, 1894 or such other lawwith the permission of the State Government or

(b) a non-agriculturist with the permission of the State Government for the followingpurposes to such limit as may be prescribed -

(i) For Agricultural purpose or (ii) Horticultural purpose or for both purposes (iii) forconstruction of or setting up of Hotel, (iv) Restaurant, Industry or (v) Factory orsuch other enterprise generating economic activity or, (vi) medical or (vii)educational institution etc. (viii) or for such purposes as may be considered bythe authority:

Provided that a person who is a non-agriculturist but purchases land either underclause (a) or (b) of the sub-section (2) with the permission granted under the said clauses ofsub-section (2) shall irrespective of such purchase of land continue to be a non-agriculturistfor the purpose of this Act:

Provided further that a non-agriculturist who purchases land under the above clausesand in whose case permission to purchase land is granted under clause (a) and (b) of thesub-section (2) shall put the land to such use for which the permission has been grantedwithin a period of two years or for further such period not exceeding one year as may beallowed by the State Government for reasons to be recorded in writing to be counted from thedate on which the said deed of land is registered and if he fails to do so or diverts the use ofthe land or transfers by way of sale, gift or otherwise, the land so purchased shall vest in theState Government in the manner prescribed free from all encumbrances.

(3) No Registrar or Sub-Registrar appointed under the relevant provision of law shall registerany document pertaining to a transfer of land, which is in contravention of sub-section (1):Provided that Registrar or the Sub-Registrar may register any transfer where the mortgage ismade for procuring the loans for construction or improvements over the land either from theGovernment or from any other financial institutions constituted or established under any lawfor the time being in force or recognized by the State Government.

(4) Where the Registrar or the Sub-Registrar appointed under the relevant law beforewhom any document pertaining to transfer of land is presented for registration comes toknow or has reason to believe that the transfer of land is in contravention of sub-section (1) ora Revenue Officer or a Sub-Registrar either on an application made to him or on receipt of

Prohibitionof transferof land to non-agriculturist

-2-

any information from any source comes to know or has reason to believe that any land hasbeen transferred or is being transferred in contravention of the provisions of sub-section (1),such Sub-Registrar, or the Revenue Officer as the case may be shall make a reference to theCollector of the district in which the said land or any part thereof is situated and the Collectoron receipt of such reference has reason to believe that any land has been transferred or isbeing transferred in contravention of the provisions of the sub-section (1) shall after affordingto the persons who are parties to the transfer a reasonable opportunity of being heard andholding an enquiry determine whether the transfer of land is or is not in contravention of sub-section (1) and shall within 90 (ninety) days from the date of receipt of reference made to himor such longer period as the authority may allow for reasons to be recorded in writing, recordhis decision thereon and intimate the findings to the Registrar.

(5) The person aggrieved by the findings recorded by the Collector that a particular transferof land is in contravention of the provisions of sub-section (1), may, within a period of 30(thirty) days from the date on which the order recording such findings is made by the Collectorfile an appeal to the Registrar, to whom such Collector is subordinate, and the Registrar may,after giving the parties an opportunity of being heard and calling for records of the case fromthe Collector, reverse, alter or confirm the order made by the Collector and the order made bythe Registrar shall be final and conclusive.

(6) The State Government may, either on a report of a Sub-Registrar or Revenue Officer orof its own motion, call for the records of any proceedings which are pending before, or havebeen disposed of, by any Revenue Officer or Sub-Registrar, may for the purpose of satisfyingitself as to the legality or propriety of such proceedings or order made therein and may passsuch order in relation thereto as it may think fit.

(7) No order shall be passed under this sub-section, which adversely affects any personunless such person has been given a reasonable opportunity of being heard.

(8) Where the Collector of the district sub-section (4) or the Registrar under sub-section(5) or the State Government under sub-section (6) decides that the transfer of land is incontravention of the provisions of sub-section (1), such transfer shall be void ab-initio and theland involved in such transfer together with structures buildings or other attachments if any,shall in the prescribed manner vest in the State Government free from all encumbrances.

(9) It shall be lawful for the State Government to make use of the land, which is vested ormay be vested in it under sub-section (8) for such purpose as it may deem fit.

4. The State Government may make rules for carrying out the purposes of this Act and inparticular for any of the matters required to be prescribed under any of the foregoing provisionsof this Act.

5. Notwithstanding the provisions contained in this Act the old law of Revenue Order No.1 dated 17th May, 1917 and the Govt. of Sikkim, Land Revenue Department, O.O. No. 105/LR dated Gangtok the 25th February, 1961 shall, however, continue to be validly operative inrespect of its enforcement and the present Act shall be in addition and to supplement theaforesaid old laws.

By Order.

R.K. Purkayastha (SSJS) L.R.-cum-Secretary,

Law DepartmentGovernment of Sikkim,

Gangtok.

File No. 16 (82) LD/ 2006

Power tomake rules

Saving

S.G.P.G - 23 /Gazette/ 150 Nos/ Dt:- 6.2.2006.

t

GOVERNMENT

SIKKIM

EXTRAORDINARYPUBLISHED BY AUTHORITY

GAZETTE

Gangtok Saturday 29th September, 2O18 No. 536

GOVERNMENT OF SIKKIMLAW DEPARTMENT

GANGTOK

No. 23lLD/18 Date:29.09.2018

NOTIFICATION

The following Act passed by the Sikkim Legislative Assembly and having receivedassent of the Governor on 24th day of September, 2018 is hereby published for generalinformation:-

THE SIKKIM REGULATION OF TRANSFER OF LAND

(THTBD AMENDMENT) ACT, 2018

(ACT NO. 23 OF 2018)

AN

ACT

further to amend

BE it enacted byIndia, as follows:-

Short title, 1. (1)extent andcommencement (z)

(3)

the Sikkim Regulation of Transfer of Land Act, 2005

the Legislature of Sikkim in the Sixty-ninth Year of the Republic of

This Act may be called the Sikkim Regulation of Transfer of Land(Third Amendment) Act, 2018.

It shall extend to the whole of Sikkim.

It shall be deemed to have come into force on the 14th day ol June,2018.

Omission olSection 3(A)and 3(B)

ln the Sikkim Regulation of Transfer ol Act, 2005, Section 3(A) and 3(B)and the entries relating thereto, shall be omitted.

K. C. Barphungpa (SSJS)L.R-cum-SecretaryLaw Department

S,G.P.G. - 536/ Com- 6/Gazene /100 NosJ Dt:- 29.09.2018.

GOVERNMENT

SIKKIM

EXTRAORDINARYPUBLISHED BY AUTHORITY

GAZETTE

Eangto)r TYruestay 5\\ \$ratcYr, 2ti\S \\s. 5$

No.:2/LD/19

GOVERNMENT OF SIKKIMLAW DEPARTMENT

GANGTOK

NOTIFICATION

Dated: 05.03.2019

The following Act passed by the Sikkim Legislative Assembly and having received the assent of the

Governor on 281h day of February,2019 is hereby published for general information:-

THE StKKtM BEGULATTON OF THANSFEH OF LAND (AMENDMENT) ACT, 2019

(ACT NO 2 OF 201e)AN

ACT

to amend the Sikkim Flegulation of Transfer of Land Act, 2005

BE it enacted by the Legislature ol Sikkim in the Seventieth Year of the Republic of lndia, as follows:-

Short title, 1, (1) This Act may be called the Sikkim Regulation of Transfer of Land

extent andcommencement

lnsertion ofnew Sections

(Amendment) Act, 2019.It shall extend to the whole of Sikkim,It shall come into force at once.

2. ln the Sikkim Regulation of Transler of Land Act, 2005, after section 3, thefollowing new sections shall be inserted, namely:-"3(A) - Notwithstanding anything contained in any other law for the time being

in force and the provisions of section 3 of this Act, the land belonging to theperson of Limboo Community of Sikkim shall not be permitted to be sold topersons belonging to any other community.However, there shall be no bar on sale of land within the Limboo Community,provided that if a person of Limboo Community of Sikkim has a minimumholding of 3 (three) acres only, in such event,:the land shall not be permitted tobe sold at all in any manner.3(B)- Notwithstanding anything contained in any other law for the time being inforce and the provisions contained in this Act at section 3(A), the StateGovernment shall have the powers to decide or pass appropriate order as may

be considered expedient where a necessity has arisen for sale of land of aperson with a minimum holding less than the prescribed ceiling. However, in all

such cases, no action would be taken by the State Government unless theholder of the land has filed an application seeking for permission to sell.

K. C. Barphungpa (SSJS)L.R.-cum-Secretary,

Law Department,

(2)

(3)

S.G.P.G. - 58/ Com. 6/Gazette /100 Nos./ Dt:- 05.03.2019.