Sikkim restricts lease of homestay units; find other states with complicated land buying rules

The Sikkim government has banned homestay owners in the Himalayan state from leasing and renting their establishments to any third party, an official said on Tuesday.

Homestays will now only be managed and controlled by the local company owner.

According to the Sikkim Registration of Homestay Establishment Rules of 2013, homestay owners are not allowed to lease or rent their homestay unit to any third party, and they are advised to abide by this rule, according to an advisory released by the state government’s Tourism and Civil Aviation department on September 11.

Further, it said that the agency will take any reports of violations seriously.

A prohibition on the leasing and renting of homestay businesses

A prohibition on the leasing and renting of homestay businesses to any third party has been demanded by the Homestay Association of Sikkim (HAS).

The Sikkim government provides subsidised loans for the establishment of homestays in the Himalayan state to promote entrepreneurship amongst local stake holders in the Tourism industry.

Buying land in Sikkim is also heavily restricted similar to most North-Eastern states or states with prominent STs (Scheduled Tribes). Other States where it can be difficult to buy land are:

• Jammu and Kashmir: People from outside Jammu and Kashmir are now able to purchase land in the State, which was previously prohibited by the Central government. The Jammu and Kashmir Alienation of Land Act, which was previously in effect, forbade the transfer of land to anybody who was not a State subject. Outsiders are no longer forbidden from purchasing land in the State because this Act has been declared illegal by the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020.

• Himachal Pradesh:

The Himachal Pradesh Tenancy and Land Reforms Act, Section 118, forbids the sale, will, trade, or other transfer of land to a non-agriculturist. The term “land” in this context refers to land that is used for agricultural activities, such as grazing, orchards, etc. It doesn’t apply to property that is used as the location of any structures in a town or village.

• Jharkhand:

A ‘Raiyat’ is prohibited from selling the land under his or her control under Section 46 of the Chota Nagpur Tenancy Act. This covers transfers made through mortgages or leases with terms longer than five years. A Raiyat, which also includes the Raiyat’s successor, is a person who has obtained the right to own land with the intention of cultivating it.

• Sikkim:

Our Constitution’s Article 371F prohibits the selling and acquisition of land in Sikkim by outsiders. Only Sikkimese citizens are allowed to purchase real estate in the State, and only tribal members are allowed to purchase real estate in tribal regions.

• Uttarakhand

The state of Uttarakhand passed a law limiting the amount of agricultural land that may be purchased for residential use to 250 square meters in 2003.

• Nagaland

Our Constitution’s Article 371A forbids non-residents from purchasing land in Nagaland. Only tribe members who live in the state are eligible to purchase land.

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