section 32
Restriction on the execution of decree or order or sale of land and other proceedings
The Sikkim Agriculture Land Ceiling and Reforms Act 1977No 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. (a) The State Government may, by notification, make rules for the purpose of carrying the provisions of this Act. In particular and without prejudice of the generality of the provisions, such rules may provide for all or any of the following matters, namely:- (a) the manner of determination under Section 4; (b) [Omitted]; (c) [Omitted]; (d) the period within which the Statement may be filed under sub-section (1) of Section 8 and the particulars which are to be specified in such statement and the person by whom and the manner in which such statement is to be filed; (e) the particulars to be mentioned in the draft statement under sub-section (2) of section 9; (f) the manner of serving the draft statement under sub-section (2) of Section 9; (g) determination and manner of payment of an annual sum under sub-section (3) of Section 12; (h) the particular to be mentioned in the statement referred to in sub-section (1) of Section 16; (i) the preparation and revision of record-of-rights under Section 19; (j) [Omitted]; (k) publication of the draft and final record-of-rights under Section 20, the period of such publication, the period within which an application is to be made under sub-section (4) of Section 20, and the period within which an appeal is to be presented under sub-section (5) of Section 20; (l) the principles and the manner of distribution of lands under Section 21; (m) management by the Collector or other authority of the vested lands under Section 23 and the manner under the proviso to Section 24; (n) the manner of determination of revenue under sub-section (1) and sub-section (2) of Section 26; (o) the purposes under clause (b) of sub-section (3) of Section 29; (p) the manner of inquiry under Section 31. No suit or prosecution or other legal proceedings shall lie against any person of the State Government for anything done or purported to have been done in good faith or in pursuance of this Act or any rule framed or order passed under this Act. If any difficulty arises in giving effect to the provisions of this Act or the rules made thereunder, the State Government may, by order, do anything not inconsistent with such provisions which appears to be necessary or expedient for the purpose of removing the difficulty: Provided, that no order under this Section shall be made by the State Government after the expiration of a period of two years from the commencement of this Act. On and from the date of vesting under Section 11 of this Act, the provisions of the Sikkim Regulation of Transfer and Use of Lands Act, 1975, shall cease to have effect in respect of all lands to which provisions of this Act shall apply.
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