(1) This Act may be called the Sikkim Cultitvtors Protection (Te mporary Provisions) Act, 1975. .
(2) It extends to the whole of Sik kirn.
(3) It shall come into force at once and shall remain in force for ~l.
period of two years from the date of its commencement; but the State Government may, by notification in the Sikkirn Government Gazette extend the period of its duration for a further period 110t exceeding one year.
1),:/lllil ions, 2. In this Act, unless there is anything repugria nt ill I,h~ subject or context.
(1) "Agriculture Ycar'v means the year commencing Iroru t!L' first du "(if Februarv:, ,
(2) , "Civil Court" docs not include th ~ High Court or the :::uprc,-'h:;
Court:
(3) ·'Culli~a.tor" means a person whocultivates v= 1~1ndof another person on condition of payment of rent, In cash or 1Il kind, or on condiiion of delivering or receiving share or any fixed aunntrty of the produce and includes a person who cultivates the land of another perso n on any terms and conditions except as a paid servant or hired Iabo u ((:1':
(4) "Owner" means' a ,person whose land is cultivated by a cultivator:
(5) "Prescribed" means prescribed by rules midc uudcr llil~ Act;
(6) "Prescribed Authority" means whose jurisdiction the land is situated other officer specially' empowered by this behalf. ' the District OILi ....cr \vll!'ir(;
and shall also inc!L~lk :\11}' the State GOVernlfl:.::~n in .ict IV prevail 3. (1) The provisions' of this Act and of any rules made there" ov rr other laws, under shall have" effect notwithstanding anything to the contrary ,1<", and contained in any other law or in any custom, usage, contra ..'t 0:'
over-riding instrument.
~'jj~cl of the Act. (2) Any law or custom or usage having the force or law 1 ii force immediately before the commencement of this Act shall ceuse to have effect with respect to any matter for which provision is made in this Act.
(3) Any other 'Iaw in force immediately before the COlnnl,~'n(:.:;- ment of this Act shall cease to have effect in so far it is iuco n- "~ sistent with any of the provisions contained in .l.is Act.
Prot ectiou of Cultlvators against i.','iliill:JliOIl of C't.11 ivu tion u!/d restoration 0)' (dlid.
4~ (1) No owner shall be entitled to terminate the cultivation of his land ~y a cultivator except in execution of a~ .order made by the prescribed authority on the, ground that the cuiuvator has without any reasonable cause. failed fo cultivate the laud.
(2) Any order of ejectment passed under the provisions 0[' this Act shall be executed by the prescribed authoriy, but proper comp~nsatlO.n· 'as IUJ.y be determined b~ the prescL:lbcd a uthor iry shall oe paid by the owner to the cultivator for IUS share of tUe standing crops, if any.
,(3) If any owner terminates or causes to be: Itffniri:tI(:J lb:- cultivation of any land by a cultivator in contravention 0[' ll1:: Ijl'u\'isions or this Act,' the prescribed authority shall, on receipt o'!, :iuy appllcatl.on made by or on behalf of the cultivator and after giving the cultivator and the owner an opportunity of being heard ~\lld after making such inquiries as he IDly deem necessary, by order dircct-
(a) in a case where such land h:1S not been cultivated or has beeni cnltivatcd by the owner or by any person on hIS behalf other than a culti va tor, lL.J ( the land be immediately restored to the cultivator and further that forty per cent of any produce of the land shall be forfeited to the State Government and the remaining sixty per cent of' such produce shall be retained by the cuhiv.uo..
(b) in C,l case where such land has been culrivarcu bv a new cultivator engaged by the owner, rh.u Lll~ land be restored at the end of tile cult ivu i io n season to the applicant cultivator and further llnt the new cultivator shall retain fifty per cent of the produce harvested before restoration and make over the remaining fifty per cent of such produce , to the applicant cultivator.
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( 'i. i: , ;v1 U IHJ t lt« vj",I/ii..'{ IU . " I ••' \...'L'" f ~ .:.... i ! j:,:' i.{ :... " ",.1. •••••• Iurisdiction to . r 3 5,For the cultivation of any land, no cultivtor shall be required to payor deliver to the owner and no owner shall be entitled to n.::cti ve from the cultivator, more than half of the principal prod LIce of the land or the pr~ce thereof, as the case may be, as rent or sh.ire or on any other account. _. -.