(1) Notwithstanding anything contained anywhere in this Act or any other law for the time being in force, if 'any land which is being cultivated by any cultivator is requisitioned or acquired under this Act, the cultivator shall be paid an amount determined in accordance with the principles set out in subsection (2) out of the amount payable for the requisition or the acquisition of the land, as the case may be, to the person interested in such land.
Payment to Cultivators.
(2) The amount to be paid to the cultivator .under subsection (l) shall be determined according to the following principles, namely:-
(a) if. the cultivator has been cultivating. the land for a period of more than five years but not more than ten years on the date of the requisition or the acquisition of the land, as the case may be, fifteen per cen t of the amount payable for the requisition or the acquisition of such land, as' the case may be;
(b) if the cultivator has been cultivating the land for more than ten years but not more than fifteen years on the date of the requisition or the acquisition of the land, as the case may be, twenty per cent of the amount
4. Omitted by sec. 2 of the Sikkim Land (Requisition and Aquisition) Arnd, Act, No. 13 of 1978 (w. e. f. 22.4. 1978).
payable for the requisition or'the acquisition 'of the land as the case may be;
(c) if the cultivator has been cultivating the land for more than fifteen years on the date of the requisition or the acquisition of the land, as the case may be, 'twenty five per cent of the amount payable for the requisition or the acquisition of the land, as the case may be.
Appeal. 11. The provisions of the Code of Civil. Procedure, 1908, relating to appeals shall apply to an award made by the Court on a reference under section 9, if such award were an original decree passed' by the Court in exercise of its civil jurisdiction.
Power to enter up- 12. The State Government may, with a view to requisitioning or on land, etc. acquiring any land or for the purpose of determination by the Collector of the amount payable under this Act, by order.»
(a) require any person to furnish' to such authority as may be specified in the order, such information in his possession relating to land as may be specified;
(b) authorise any person-
(i) to enter upon and survey and take levels of any land in such' locality;
(ii) to dig or bore into the sub-soil;
(iii) to do all other acts necessary to ascertain whether the land is adapted for such purposes;
(iv) to set out, the boundaries of, the land proposed to be taken and the intended line of the work (if any) 'proposed to be made thereon;
(v) to make such levels, boundaries and line by placing marks and cutting trenches;
(vi) and, where otherwise the' survey cannot be com- , pleted and" the.Tevels taken and the boundaries and line marked, to cut down and clear away any part of the standing crop, fence or jungle:
Provided that no person shill enter into any building or upon any enclosed court or garden attached to .a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing '(If his intention to do so.
Requislt ion or 13. If the State Government is of the opinion, that it ,isnc.ces~ 5 of 1908.
sary to requisition or acquire any land for any of the public purposess as defined and specified in 5 ( clause (9) ] of section 2, all such requisition and acquisition shall be made under and in accordance with the provisions of this act and the rules made thereunder and not under any other law inconsistent with provision of this Act and the rules made thereunder.
14. If any person contravenes any 'order made under this Act, he. shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
15. Save as otherwise provided in this Act, no decision or order or award made in exercise of any power conferred by or under this Act shall be called in question in any Court.
16. No suit, procecution or other legal proceeding shall lie against the State Government or any officer of the State Government or any other person for anything, or for any damage caused or likely to be caused by anything, which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.
17. No award or agreement made under this Act shall be chargeable with any Stamp Duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy thereof.