Whereas, the draft
Himachal Pradesh Ceiling on Land Holdings Rules, 1973 were published as
required under section 26 of the Himachal Pradesh Ceiling on Land Holdings Act,
1972 (Act No. 19 of 1973) in Rajpatra, Himachal Pradesh (Extraordinary), dated
the 24th October, 1973 vide Revenue Department notification of even number,
dated the 22nd October, 1973 for inviting the objections or suggestions from
all persons likely to be affected thereby within a period of 15 days from the
date of publication of the draft rules in the Rajpatra; And whereas, the
Government has considered the objections and suggestions received from the
public on the said draft rules within the prescribed period; Now, therefore, in
exercise of the powers conferred by section 26 of the said Act, the Governor,
Himachal Pradesh, hereby makes the following rules, namely:- (1) These rules may be
called the Himachal Pradesh Ceiling on Land Holdings Rules, 1973. (2) They extend to the
whole of Himachal Pradesh. (3) They shall come into
force at once. In these rules,
unless there is anything repugnant in the subject or context,- (a) "Act' means the
Himachal Pradesh Ceiling on Land Holdings Act, 1972 (19 of 1973); (b) "form"
means a form appended to these rules; (c) "the land under
assured irrigation" means the land irrigated by perennial State canal,
State kuhl or State lift irrigation scheme or State tube-well run by
electric/diesel power; (d) "section"
means section of the Act; and (e) all other words and
expressions used in these rules but not defined in these rules shall have the
meanings respectively assigned to them in the Act. (1) The following areas
shall be treated as subservient to tea plantation:- (a) areas on which there
is programme for expansion of tea plantation during next ten years which will
be determined by the State Government; (b) areas covered by
forests and forest growth of which the fuel wood, timber is required for the
manufacture of the tea and maintenance of tea estate; (c) low-lying lands which
generally serve as water reservoirs for the use of tea plantation; and (d) land on which tea
factories, labour quarters, play-grounds and other ancillary buildings are
situated: [1][Provided that no
land, treated as subservient to tea plantation under this sub-rule and exempted
from the operation of the Act under section 5 (g), thereof, shall be
transferred by the landowner in any manner, without the permission of the State
Government.] (2) The owner of the tea
estate will submit return in Form C-I to the Collector showing the areas he
intends to include for the purpose of clause (a) of sub-rule (1) within [2][eighty-five
days] from the date on which these rules will come into force. The Collector on
receipt of this return shall make such inquiry as he deems fit and thereafter
send his recommendations to the State Government for orders which will be
final. (1) Every person required
to furnish a return under section 8 shall himself or through an authorised
person or in case of a minor through his guardian furnish it in duplicate in
Form C-II to the Collector in whose jurisdiction land is situate personally or
by registered post (Acknowledgment due) within [3][eighty
five days] from the coming into force of these rules: Provided that where
the land of any such person is situate in the jurisdiction of more than one
Collector, the return shall be furnished to the Collector in whose jurisdiction
the largest area of land mentioned therein is situate with two additional
copies thereof for each Collector in whose jurisdiction the land is situate. (2) In every case falling
under the proviso to sub-rule (1), the Collector receiving the return shall
retain the original form with him and forward two copies thereof to the
Collector/Collectors of the area in which the land of the person is situate. (3) Where, in the case of
a person, additional copies of Form C-II have been received by the Collector
under sub-rule (2), the Collector shall, after holding such inquiry as he
thinks fit, return them to the Collector from whom they were received, who
shall be competent to determine the surplus area of the person concerned with
respect of land falling in the jurisdiction of other Collector/Collectors also.
This provision will also apply to cases falling under rule 8(3) of these rules. A person required to
submit a return under rule 4 may take assistance of the Patwari concerned to
fill up Form C-II for him on payment of fee of rupee one to the Patwari who
shall issue receipt of the fee charged by him to the person as required under
the Himachal Pradesh Land Records Manual, or the Punjab Land Records Manual[4],
as the case may be. (1) The declaration
supported by an affidavit required to be furnished under section 9 shall be
furnished in Form C-III alongwith the return submitted by a person, under rule
4 within [5][eighty-five
days] from the coming into force of these rules. (2) The Collector to whom
the return in Form C-II is furnished under sub-rule (1) of rule 4 and the
declaration supported by an affidavit is furnished in Form C-III under sub-rule
(1) of this rule shall issue a receipt of these Forms in Form C-IV to the
person furnishing the return as soon as the return in the required number of
copies is received by him. On receipt of return
under rule 4, the Collector shall get the particulars given therein verified by
the Tehsildar of the Tehsil or Naib-Tehsildar of the Sub-Tehsil, as the case
may be, in which the land is situate, who shall further get the return verified
by the patwari of the circle concerned. On such verification, the Tehsildar or
the Naib-Tehsildar, as the case may be, will send back (1) Where any person
referred to in section 8 fails to furnish the return prescribed thereunder, the
Collector shall cause the return to be filled up by the Patwari concerned, in
duplicate, in Form C-II. The Patwari shall retain one copy of each return
filled in by him and forward the other to Circle Kanungo. (2) The Circle Kanungo
shall, after examination, attest all entries made by the Patwari in Form C-II
and forward it further to the Tehsildar of the Tehsil or Naib-Tehsildar of the
Sub-Tehsil, as the case may be, who shall verify it and forward it further to
the Collector. (3) Where the land of a
person is situated in more than one Patwar Circle, the Patwaris shall prepare
returns of land situated in their respective circles and send them to the
Tehsildar of the Tehsil or Naib-Tehsildar of the Sub-Tehsil, as the case may
be, through the Field Kanungo. The Tehsildar or the Naib-Tehsildar will
consolidate the return for the Tehsil or Sub-Tehsil, as the case may be, and
submit it to the Collector concerned. (1) After satisfying
himself as to the correctness of the particulars mentioned in Form C-II, the
Collector shall prepare a draft statement mentioned in sub-section (1) of
section 10 of the Act in Form C-V. (2) Statement in Form C-V
shall be published in the Office of the Collector and a copy thereof shall be
forwarded immediately by the Collector to the person or persons concerned under
cover of an endorsement prescribed in the Form and it shall be served upon
person or persons as if it were summons from the Revenue Officer. Any
objections received within thirty days of the service shall be duly considered
by the Collector and after affording the objectors an opportunity of being
heard the Collector shall pass such order as he may deem fit. The final statement
under sub-section (3) of section 10 of the Act, shall be in Form C-V which
shall be adopted subject to the modification that the word `Draft' and the form
of endorsement appearing thereon shall be omitted. When the final
statement has been published under sub-section (3) of section 10 of the Act the
Collector shall, within a month from its publication, prepare the statement of
the amount in Form C-VI in accordance with the principles laid down in clauses
(i) to (iii) of sub-section (1) of section 14 of the Act. On preparation of
statement of the amount under rule 11, the Collector shall give a notice in Form
C-VII to all persons known to have any interest in the land for which the
amount is to be paid to appear personally or by duly authorised agent before
him at a time and place mentioned therein within 15 days after the date of
service of notice, and to state the nature of their respective interests in the
land and the amount and particulars of their claims to the amount for such
interests. Thereafter the amount shall be apportioned among the persons having
interests in the land. The amount shall be
paid in cash either in lump sum or in six monthly installments not exceeding
ten in the manner prescribed in rules 14 and 15. Whether the amount shall be
paid in lump sum or in installments shall be determined by the Collector. (1) Payment of the amount
in cash shall be made through vouchers in Form C-VIII. The books containing 100
vouchers and counterfoils shall be kept in double lock and shall, on receipt of
a demand in Form C-IX, be issued to the Collector who shall keep the book in
his personal custody and before commencing the use thereof, send an intimation
to the Treasury Officer in Form C-X. Only one book shall ordinarily be issued
by the Treasury Officer to the Collector at one time. (2) A voucher which is
not encashed for more than six months from the date of its issue shall cease to
be cashable unless it is, on an application by the holder thereof countersigned
and revalidated for payment by the Collector. The holder, on failure to obtain
payment within 6 months from the date of issue, shall submit the voucher with
an application for revalidation of the same. In case of loss, destruction or
mutilation of the original voucher, the holder may apply for the issue of a
fresh one. In such a case fresh voucher shall not be issued until a non-payment
certificate has been obtained from the Treasury Officer. The Treasury Officer
shall keep an account of the vouchers presented and encashed on each day of payment
in Form C-XI. The statement in From C-XI shall be kept in a guard file. Where
no payments are made on any day, the Treasury Officer shall prepare a blank
statement in form C-XI. The Treasury Officer shall prepare a monthly statement
in Form C-XII and send one copy thereof to the Collector who shall consolidate
the same in district statement to be prepared in Form C-XIII and shall forward
copies thereof one each, to the Commissioner of the Division and the Financial
Commissioner of Himachal Pradesh. (1) The return under
section 17 of the Act shall be furnished in Form C-XIV within three months from
the date on which he acquires the land by inheritance, bequest or gift, or
transfer etc. in the case of a family by an adult member of the family and in
the case of a sole minor by his guardian. (2) Where any person
referred to in section 17 fails to furnish the return in the Form prescribed
under sub-rule (1) of this rule, the Collector shall cause the return to be
filled up by the Patwari concerned in duplicate Form C-XIV. The Patwari shall
retain one copy of each return filled in by him and forward the other to Circle
Kanungo. (3) The Circle Kanungo
shall, after examination, attest all entries made by the Patwari in Form C-XIV
and forward it to the Tehsildar of the Tehsil or Naib-Tehsildar of the
Sub-Tehsil, as the case may be, who shall verify it and forward it further to
the Collector concerned. (4) Where a land of a
person is situated in more than one Patwar Circle, the provisions of rules 4
and 5 of these Rules shall apply for preparations and submission of returns.
The declaration supported by an affidavit to be furnished by the person shall
be in Form C-XV. (5) For determination of
surplus area under section 17, the provisions of rules 9 and 10 will apply. (6) The Collector shall
follow the same procedure for determination and payment of the amount as
prescribed in rules 11 to 15. In determining the
market value of any building, structure or tubewell, the Collector shall take
into account the advice of the Chief Engineer, Public Works Department,
Himachal Pradesh, concerned or any other Officer nominated by him. In all proceedings,
under the Act and these Rules, the Collector or any other Revenue Officer shall
observe the procedure prescribed for Revenue Officers in the tenancy laws for
the time being in force in Himachal Pradesh. All applications made
under the provisions of the Act shall bear Rs. 1.25 court fee stamp and process
fees shall be chargeable as prescribed by or under the Himachal Pradesh Court
Fees Act, 1968. Save as otherwise
provided in these rules, notices or orders under the Act shall be served in the
manner provided in the tenancy laws for the time being in force in Himachal
Pradesh. The Pepsu Tenancy and
Agricultural Lands Rules, 1958, the Punjab Security of Land Tenures Rules, 1953
and the Punjab Security of Land Tenures Rules, 1956, as amended from time to
time, are hereby repealed in their application to the areas added to Himachal
Pradesh under section 5 of the Punjab Re-organisation Act, 1966, in so far as
they relate to the matters dealt in these rules and are inconsistent with these
rules: Provided that,
notwithstanding the repeal of the said rules, any thing done or any action
taken in the exercise of any power conferred by or under the said rules shall
be deemed to have been done or taken in exercise of the powers conferred by or
under these rules, as if these rules were in force on the day, on which such
thing was done or action was taken. [1] Added vide Not. No.
10-5/73-II-Rev. B., dated 4-4-1986, published in R.H.P., Extra, dated
26-4-1986, P. 746 [2] Subs. for the words
"seventy-two days" (as subs. for the words "one month" by
Not No. 10-5/73-Rev. I dated 11-1-1974, published in R.H.P. Extra., 1974 p. 40)
and by Not, No. 10-5/73, dated 12-2-1974, published in R.H.P. 1974, p. 718. [3] Subs. for the words
"seventy two days" (as subs., for the words "six weeks" by
Not. No. 10-5/73 Rev. A, dated 8-1-1974, published in R.H.P. Extra, 1974, p.
31) by Not. No. 10-5/7, dated 12-2-1974, published in R.H.P. 1974, p. 718. [4] The Punjab Manual
stands repealed, and replaced by H.P. Manual by H.P. Act No. 21 of 1976, sec.
29 [5] Subs. for the words
"seventy two days" (as subs. for the words "six week" by
Not. No. 10-5/73-Rev. A, dated 11-1-1974 published in R.H.P. Extra., 1974, p.
40) by Not. No. 10-5/73-Rev. A, dated 12-2-1974 published, in R.H.P. 1975, p.
718 the return to the Collector concerned.HIMACHAL
PRADESH CEILING ON LAND HOLDINGS RULES, 1973
PREAMBLE