section 5
Restoration of possession to cultivator in certain cases.
The Sikkim Cultivators Protection Act, 1985If any owner terminates or causes to be terminated the cultivation of any land by a cultivator in contravention of the provisions of this Act, the prescribed authority, shall, on receipt of any application made by or on behalf of the cultivator and after giving the cultivator and the owner an opportunity of being heard and after making such inquiries as such authority may deem necessary, by order direct- (a) in case where such land has not been cultivated or has been cultivated by the owner or by any person on his behalf other than the cultivator, that the land be immediately restored to the cultivator and further that forty per cent of any produce of the land shall be forfeited to the State Government and the remaining sixty per cent of such produce shall be retained by the cultivator; (b) in case where such land has been cultivated by a new cultivator engaged by the owner, that the land be restored at the end of the cultivation season to the applicant cultivator and further that the new cultivator shall retain fifty per cent of the produce harvested before restoration and make over the remaining fifty per cent of such produce to the applicant cultivator.
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