(1) The State Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) the manner of service of orders on the owner or occupier of land under sub-section (3) of section 3;
(b) the manner of service of notice on the persons referred to in sub-section (3) of section 5;
(c) the manner of service of notice of award under clause (b) sub-section (3) of section 7;
6 ["(d) t.he manner of approval by the State Govern- Acquisition to be made under this Act.
Penalty.
Saving.
Protection of action taken under this Act.
No Stamp Duty to be paid for award or agreement and no fees to be paid for copies thereof.
Power to make rules, .•..._ .•_ .._-_._----
5. Subs. by sec. 2 of the Sikkirn Land (Requisition and Aquisition ) Arnd. Act No 13 of 1971 (w.e.f. 22.4.1(78).
6. Insetted by ibid.
ment of the amount fixed by agreement under sub-section
(1) of section 8".]
7 [(e) the manner of determination of and of giving notice of the award to. the persons interested under 8 [* * *] sub-section (2) of section 8.]
Certain laws to cease to apply.
19. The provisions of the Sikkim Public Security (Requisitioning and Acquisition .of Immovable Property) Rules, 1962, and any other law shall cease to apply and have any effect to any matter for which provision is made in this Act.
7. Subs. by see 2 of the Sikkim Land (Requisition and Aquisition) Arnd. Act, No. 13 of 1978 (w.e.f, 22.4.197'8).
8. Omitted by ibid.
• SIKKIM GOVERN~1ENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 67 Gangtok, Saturday, May 6, 1978 ,,----_.
LEGISLATIVE DEPARTMENT NOTIFICA nON No. 13/LLf78 Dated Gangtok, the 6th May, 1978.
The following Act of the Sikkim' Legislative Assembly having received the assent of the president on zoth d"y of April, I 978 is hereby' published for general information.
, ' SIKKIM ACT NO. 13 OF 1978 THE SIKKIM LAND (REQUISITION AND ACQUISITION) AMENDMENT ACT, 1978 AN ACT to amend the Sikkim Land (Requisition and Acquisition) Act, 1977 (Act No.1 of 1978.)
WHEREAS it is expedient to amend the Sikkim Land (Requisition and Acquisition) Act, 1977 (Act No. I of 1978) in the manner hereinafter appearing:
It is hereby enacted in the Twenty-ninth year of the Republic of India by the Legislature of the State of Sikkim as follows !- Short Title and COTll- I. (I) This Act may be called the Sikkim Land (Requisition and Acquisition) Amendment Act, 197,8.
(2) It shall come into force at once.
men cement Amendments in the Sikkim Land (Requisition &.. Acqtrisition) Act, 1977 (Act No.
I of 1978
2. In the Sikkim Land (Requisition and Acquisition) Act, 1977 (Act No.1 of 1978) ;-
(a) for sub-section (2) of section 4. the following shall be and shall always be deemed to have been substituted ;- "( 2) If the State Government is of opinion that it is necessary to acquire for a public purpose any land requisitioned under Section 3, -it may acquire such land by publishing a notification to the effect that such land is required to be acquired for such purpose and that the State Government has decided to acquire such land :
2
Provided that before issuing such notification, the State Government 5h? 11 call upon the penon interested or any other person who, in the opinion of the Stat" Government, may be interested ill such property to show cause why the property shall not be acquired.and. after considering the cause, if any, shown by the person intcrestedJn the land and. after giving the party an opportunity of being heard, the State' Government l1l<1.y pass such order as it deems fit. "
(b) For Section 8, the following shall be and shall always be deemed to have been substituted :- ' "8. (1) 'Where any land is requisitioned under Section 3, there shall be paid to the person interested in respect of the requisitioning of the land an amount, if any, as may be fixed by,agreement between the Collector and the person interested and approved by the State Government in the manner prescribed and the Collector shall make an award ordering payment of such amount;
(2) Where the Collector and the person interested do not agree as to the amount or where the agreement arrived at hy and between them is not approved by the State Government or where the person interested cannot he traced or does not appear before the Collector 'when called upon to be present for the' purpose of the determination of the amount , the amount payable [')r the requisitioning of the land shall consist of -- .,
(a) a recurring payment, in respect of the period of requisition, of a sum which would have been payable for the use and 'occupation of the land, if it had been taken on lease for that period; and
(b) such sum o,r sums, if any, as may be found necessary to compensate' the person interested for all or any of the following:-
(i) pecuniary loss due to requisitioning;
(ii) expenses on account of vacating the requisitioned land;
(iii) expenses on account of reoccupying the land upon release from yequisition, and .
(iv) damage (other than normal wear and tear or due to natural causes)- coused to the land during the period of requisition, including the expenses that may have to be incurred for restoring the land to the condition in which: it was at the time of requisition;
and the Collector shall make an award orde.ring payment of the amount so determined and shall give in the prescribed mariner immediate notice of his award to the person interested in the land if he is not present personnally or by his representative when the award i~ made,
(c) in sub-section (1) and sub-section (3) of section 9, the words" brackets and letter "Clause (b) of" shall be and shall always be deemed to have been deleted.
(d) in Section 13, for the word, brackets and figure" Clause (7)", the word, brackets and figure "Clause (9)" shall be and shall always be deemed to have been substituted.
(e) after clause (c) in sub-section (2) of Section 18, the following clause shall be and shall always be deemed to have been inserted as clause (dL:...c..
"(d) the manner of approval by the State Government of the amount . fixed by agreement under sub-section (I) of Section 8" • (F) the existing clause (d) in sub-section (2) of Section 18 shall be and shall always be deemed to -have been styled as Clause (e) and in the said Clause, the words, brackets, and letter" Clause (b) of" shall be and shall always be deemed to have been deleted.
Repeal 3. The Slkkim Land (Requisition and Acquisition) Amendment Ordinance, 1978, is hereby repealed.
By Order of the Governor, B. 'R. PRADHAN, Secretary to the Government of Sikkirn Law and Legislative Department.
F 16 (12) LL/77.
--------------------------- ..-~--~- PRINTED AT THE SHOOM GOVERNMENT PRESS ,,.
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM LAND (REQUISITION AND ACQUISITION)ACT, 1977 (ACT NO. 1 OF 1978) AMENDED AND UPDATED UPTO MAY, 1978