section 18
Limit of future acquisition of land
The Sikkim Agriculture Land Ceiling and Reforms Act 1977(1) Where any land vested in the State under Section 11 is held or cultivated by a cultivator, the right of cultivation of such cultivator in relation to any such vested land which including any other land held or cultivated by him is in excess of three standard acres shall on and from the date of vesting stand terminated. (2) Every cultivator shall in relation to the land which he is authorised by sub-section (1) to retain under his cultivation become on and from the date of vesting a bustiwala in respect of such land. (3) If such cultivator is also a bustiwala in respect of any other land immediately before the date of vesting in excess of three standard acres he shall not be entitled to retain under his cultivation any land under sub-section (1) and his right of cultivation in respect of all excess lands as referred to in sub-section (1) shall stand terminated. (1) No Court or Tribunal except the Supreme Court exercising jurisdiction under Article 136 of the Constitution of India, shall have any jurisdiction with respect to all or any of the matters falling within the jurisdiction of the Tribunal or the State Land Tribunal. (2) The State Government shall within a period of ten months from the date of the order of the competent authority determining the amount to be paid under Section 12, or in a case where an appeal has been preferred against such order under Section 13, or under Section 14, within a period of ten months from the date of the final appellate order, pay the amount determined under Section 12 or under Section 13 or under Section 14, as the case may be, to the person or persons entitled thereto in annual instalments and such amount shall carry interest at the rate of five percent per annum from the date of the order under section 12 until final payment. Provided that where the amount payable to a person does not exceed the sum of Rs. 1,000, the entire amount shall be paid in a lump sum. (3) If on or after the commencement of this Act or on or after the notified date or on or after the date of vesting under Section 11, any person acquires by transfer, inheritance, or otherwise any agricultural land the extent of which together with the extent of the agricultural land held by him exceeds in aggregate the ceiling limit, then he shall within three months of the date of such acquisition, file a statement before the competent authority having jurisdiction specifying the extent, location and such other particulars as may be prescribed of all the agricultural lands held by him and also specifying the agricultural lands within the ceiling limits which he intends to retain. (4) The provisions of Section 8 to 10 (both inclusive) shall, so far as may be, apply to the statement filed under this section and to the land held by such person in excess of the ceiling limit. (5) Save as otherwise provided in this Act, no Civil Court shall have jurisdiction to decide or deal with any question or to determine any matter which is by or under this Act or any rules made thereunder, required to be decided or dealt with or to be determined by the competent authority or any other authority and no orders passed or proceedings commenced under the provisions of this Chapter shall be called in question in any Civil Court. (6) Where any land vested in the State under Section 11 is held in possession by a cultivator, the right of cultivation of such cultivator in relation to any such vested land which including any other land held or cultivated by him is in excess of three standard acres shall on and from the date of vesting stand terminated. (7) Every cultivator shall in relation to the land which he is authorised by sub-section (6) to retain under his cultivation become on and from the date of vesting a bustiwalla in respect of such land. (8) If such cultivator is also a bustiwalla in respect of any other land immediately before the date of vesting in excess of three standard acres he shall not be entitled to retain under his cultivation any land under sub-section (6) and his right of cultivation in respect of all excess lands, as referred to in sub-section (6) shall stand terminated.
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