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State of Sikkim - Section

Section 11 in Sikkim Agricultural Land Ceiling and Reforms Act, 1977

11. Vesting of lands in excess of ceiling limit.

- As soon as may be after the service of the final statement under section 10 on the person concerned the competent authority may by notification declare that all lands determined as in excess of the ceiling limit under section 10 shall with effect from such date as may be specified in the declaration, be deemed to have been vested in the State and upon the publication of such declaration all such lands shall vest absolutely in the State free from all encumbrances with effect from the date so specified.
(2)[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.] [Substituted by Section 9 of the S.A.L.C. & R. (Amd.) Act No. 2 of 1978 (w.e.f. 22.6.78).]
(3)Where any excess land is vested in the State under subsection (1), the competent authority, may, by notice in writing, order any person who may be in possession of such, land to surrender or deliver possession thereof to the State G0vernment or to any officer duly authorized by the competent authority in this behalf, within thirty days of the service of the notice.
(4)If any person refuses or fairs to comply with an order made under sub-section (3), the competent authority may take possession of the excess land or cause it to be given to the State Government or to any person authorized by the State Government in this behalf and may for that purpose use such force as may be necessary.
(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 or 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.] [Inserted by of the S.A.L.C. & R. (Amd.) Act No. 2 of 1978 (w.e.f. 22.6.78).]