SIKKIM PUBLIC DEMANDS RECOVERY (AMENDMENT) ACT, 2025

Act No. 06 of 2025

26th February, 2025

An Act to amend the Sikkim Public Demands Recovery Act, 2006. Be it enacted by the Legislature of Sikkim in the Seventy-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 Public Demands Recovery (Amendment) Act, 2025.

(2) It shall extend 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 Insertion of new clause (aa) in Section 2

In the Sikkim Public Demands Recovery Act, 2006, (hereinafter referred to as the "Principal Act") in section 2, after clause (a) the following shall be inserted, namely;-

• "(aa) "Appellate Authority" means the Appellate Authority established under section 6C."

S.3 Insertion of new section 6C

In the Principal Act, after section 6B, the following new section shall be inserted, namely: -

"6C Appeal.--

• (1) An appeal from any original order made under this Act shall lie if;
  • (a) the order is made by any Certificate Officer below the rank of District Magistrate as appointed by the Government as per section 2(e) of the Act, to the District Collector;
  • (b) the order is made by a Certificate Officer who is a District Collector, to the Secretary, Land Revenue and Disaster Management Department:

Provided that no appeal shall be entertained unless the borrower has deposited with the Appellate Authority or the Certificate holder fifty percent of the total amount of dues determined by the Certificate Officer:

Provided further that no appeal shall lie from an order setting aside a sale made under section 15.

(2) Every such appeal shall be presented within 30(thirty) days from the date of the order