section 31
Power of Revenue Officer to set aside improper transfers
The Sikkim Agriculture Land Ceiling and Reforms Act 1977(1) If a transfer of any land by a person belonging to a Scheduled Tribes is made in contravention of the provisions of this Chapter, or if the permission for the transfer under sub-section (2) of section 29 is found, after an inquiry in the prescribed manner, to have been obtained by misrepresentation or fraud, the Revenue Officer may, of his own motion or on an application made in that behalf and after giving the transferee an opportunity of being heard, by an order in writing, annul the transfer where necessary and shall order ejectment of the transferee from such land, unless such transferee has been in continuous possession for twelve years under the transfer made in contravention of this Chapter. (2) When the Revenue Officer has passed any order of ejectment under sub-section (1), he shall also order restoration of the transferred land. (3) If an order of ejectment under sub-section (1) or an order for restoration under sub-section (1) is not complied with within thirty days of the passing of such order or within such further period as may be extended by the Revenue Officer for good and sufficient reason, the Collector of the district in which such land is situated, shall on a requisition to that effect from the Revenue Officer, effect such ejectment and restoration and for that purpose use such force as may be necessary. An order of ejectment under sub-section (1) or an order for restoration under sub-section (1) is not complied with within thirty days of the passing of said order or within such further period as may be extended by the Revenue Officer for good and sufficient reason, the Collector of the district in which such land is situated, shall on a requisition to that effect from the Revenue Officer, effect such ejectment and restoration and for that purpose use such force as may be necessary. No decree or order shall be passed by any court for the sale of the land of person belonging to a Scheduled Tribe, except for realisation of any Government dues or other public demands: Provided that no such sale shall take place in favour of any person not belonging to a Scheduled Tribe except with the permission of the Collector of the district who shall not grant such permission unless he is satisfied that no member of the Scheduled Tribe is willing to buy the land at the minimum amount equivalent to the market price for such land. Any person aggrieved by an order of the Revenue Officer under Section 31 may, within thirty days from the date of such order, appeal to the Tribunal constituted under Section 13 and such appeal shall be disposed of in the manner provided in Section 13. Save as otherwise provided, no suit or other proceeding shall lie in any Court, Tribunal or before any other authority, to challenge, vary or to set aside any order passed under this chapter by the Revenue Officer or the Tribunal. On and from the commencement of the provisions of this chapter, the provisions contained in the Revenue Order No. 1, dated the 17th May, 1917 and all other laws relating to matters governed by this Chapter shall cease to have any force and effect.
Study data processing for this section.
PDF: pending for this language.