section 4
Protection against termination of cultivation.
The Sikkim Cultivators Protection Act, 1985(1) No owner shall have the right to terminate the cultivation of his land by a cultivator except in execution of an order made by the prescribed authority. (2) The prescribed authority shall not make an order for termination of the cultivation by a cultivator except on one or more of the following grounds and on no other ground, namely:- (a) the cultivator has, without any reasonable cause, failed to cultivate the land or a part of the land exceeding one fourth of the total area of the land in any agricultural year; (b) the cultivator has failed to pay the rent in cash or in kind or a share or fixed quantity of the produce from the land within the period as stipulated in any contract or in the absence of any contract within a period of two months from the date of harvest of any particular crop; (c) the cultivator has sublet the land to another person for cultivation; (d) the owner having no land other than the land which is being cultivated by the cultivator desires to cultivate the land personally: Provided that the owner shall have no right to terminate the cultivation of the land on this ground unless he has given notice of not less than six months of his intention to resume personal cultivation and such notice expires with the beginning of the agricultural year next following. (e) the cultivator has erected or caused to be erected a residential home or any other permanent structure on the land without the written permission of the owner. (3) The prescribed authority while making an order under sub-section (2) shall also determine the amount which is to be paid by the owner to the cultivator or by the cultivator to the owner as the case may be: Provided that no order under sub-section (2) shall be made except after giving the owner and the cultivator an opportunity of being heard.
Study data processing for this section.
PDF: pending for this language.