section 9
Preparation of draft statement as regards lands in excess of ceiling limit
The Sikkim Agriculture Land Ceiling and Reforms Act 1977(1) On the basis of the statement filed by a person under sub-section (1) of Section 8 and in cases where a person fails to file a statement inspite of service of a notice under sub-section (1) of the said section, the Competent Authority may, after such inquiry as he may consider necessary either by himself or by any person subordinate to him, cause to be prepared a draft statement in respect of that person. (2) Every such draft statement prepared under sub-section (1), shall contain the following particulars, namely - (i) the name and address of the person; (ii) the particulars of all agricultural lands held by such person; (iii) the particulars of agricultural lands which such person intends to retain within the ceiling limit; (iv) such other particulars as may be prescribed. (3) The draft statement shall be served in such manner as may be prescribed on the person concerned together with a notice stating that any objection to the draft statement shall be preferred within thirty days from the service thereof. (4) The competent authority shall duly consider any objection received within the period specified in the notice referred to in sub-section (3) or within such further period or periods as may be extended by the competent authority for any good or sufficient reason, from the person on whom a copy of the draft statement has been served under that sub-section and the competent authority shall, after giving the objector a reasonable opportunity of being heard, pass such orders as it deems fit. The Competent Authority shall, for the purpose of this Chapter, have the powers of a Civil Court under the law for the time being in force relating to Civil Procedure in respect of the following matters, namely— (a) proof of facts by affidavits; (b) enforcing attendance of any person and his examination on oath; (c) production of documents; and (d) issue of commission. (1) For sub-section (2) of Section 11 of the Act the following shall be and shall always be deemed to have been substituted, namely:-"The encumbrances, if any, on the excess land vested in the State in pursuance of sub-section (1) shall attach to the amount payable under sub-section (1) of Section 12". (2) After sub-section (4) of Section 11 of the Act the following shall be and shall always be deemed to have been added, namely:-"(5) Without prejudice to the provisions of sub-section (4), a person who does not surrender or deliver possession of the excess land within thirty days of the service of the notice referred to in sub-section (3) shall be liable to pay to the State Government for the period he continues in possession of such land such amount as may be determined by the Competent Authority in the prescribed manner and such amount shall be recoverable as an arrear of land revenue".
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