SIKKIM REGULATION OF TRANSFER OF LAND ACT, 2005

Act No. 18 of 2005

31st January, 2006

An Act to make provision for the regulation of transfer of lands, covering wider section of the population in 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 sections of 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:-

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S.1 Short title, extent, and commencement

(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.

S.2 Definition

(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.

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

S.3 Prohibition of transfer of land to non-agriculturist

(1) Save as otherwise provided in any other law, rule or order and as provided hereunder, 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 an agriculturist.

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 of the land and allow him to deal with the land in the like manner as if he is
    

S.4 Power to make rules

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

S.5 Saving

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 in respect of its enforcement and the present Act shall be in addition and to supplement the aforesaid old laws.