section 6
Surrender or abandonment of cultivation
The Sikkim Cultivators Protection (Temporary Provisions) Act, 1975(1) If a cultivator- (a) surrenders his right to cultivate in respect of land cultivated by him as a cultivator, or (b) abandons cultivation of such land, the owner of the land shall give information in writing of such surrender or abandonment to the prescribed authority. (2) On receipt of such information the prescribed authority shall, after giving the cultivator and the owner an opportunity of being heard and making such inquiries as he may deem necessary, by order determine whether the cultivator voluntarily surrendered or abandoned his right of the cultivation in relation to such land. (3) If the prescribed authority determines that the cultivator had not voluntarily surrendered or abandoned the cultivation of the land which was being cultivated by him as such and that he had been compelled by force or otherwise to surrender or abandon the cultivation of such land, the prescribed authorities shall restore the cultivator to the cultivation of the land. (4) If the cultivator is not available or is not willing to be restored to the cultivation of such land, or if the prescribed authority determines that the cultivator had voluntarily surrendered or abandoned the cultivation of such land, the owner shall not resume personal cultivation of such land, but may, with the permission of the prescribed authority, have the land cultivated by another cultivator of the locality who is willing to cultivate the land as cultivator.
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