Page 170 - High_Court_Of_Sikkim_Museum_ebook_Final_2024
P. 170
2. SIKKIM DARBAR GAZETTE, EXTRAORDINARY 23, SEPTEMBER, 1966
(iii) Biyaz.
"Biyaz" means mortgaging of land to a creditor together with right to enjoy
the produce of that land as interest for so long as the principal loan remains unpaid.
3. No person shall enter into any transaction of Dadani, Mashikata or Biyaz or
have any right interest, or title to any land or the produce of any land, on grounds of
any agreement of Dadani, Mashikata or Biyaz.
4. Any obligation, in cash or kind, or any right, interest or title that may have
arisen or may arise out of the terms and conditions of any Dadani, Mashikata or
Biyaz, shall be void and unenforceable.
5. Any creditor granting Dadani, Mashikata or Biyaz, in contravention of this
Act, shall upon conviction by a Magistrate of the First Class, be liable to a fine
equivalent to double the amount advanced thereunder and may also be punished
with a term of imprisonment not exceeding three years.
6. Any person obtaining Dadani, Mashikata or Biyaz in contravention of this Act,
shall upon conviction by a Magistrate of the First Class be liable, for the first offence
to a fine not exceeding Rs. 100.00 and in default to two week simple imprisonment,
and, for any subsequent offence, to a fine not exceeding Rs. 500.00 and in default
to two months simple imprisonment.
7. Any offence under this Act shall be a cognizable one.
8. No provisions in this Act shall be deemed to affect in any way any of the
provisions of Revenue Order No. I dated I7th May, 1917.
CHOGYAL OF SIKKIM
By Order
R.N.HALDIPUR
Principal Administrative Officer,
Government of Sikkim.
155