HIMACHAL PRADESH TENANCY AND LAND REFORMS (AMENDMENT)
ACT, 1994 THE HIMACHAL PRADESH TENANCY AND LAND REFORMS (AMENDMENT) ACT,
1994 [Act No. 06 of 1995] [22nd March, 1995] An Act further to amend the Himachal Pradesh Tenancy and Land
Reforms Act, 1972 (Act No. 8 of 1974). Be it enacted by the
Legislative Assembly of Himachal Pradesh in the Forty-fifth Year of the
Republic of India, as follows:- This Act may be called the
Himachal Pradesh Tenancy and Land Reforms (Amendment) Act, 1994. In section 118 of the
Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974) (hereinafter
referred to as the principal Act,- (i) for
sub-sections (1) and (2), the following shall be substituted, namely:- "(1)
?Notwithstanding anything to the contrary
contained in any law, contract, agreement, custom or usage for the time being
in force, but save as otherwise provided in this Chapter, no transfer of land
(including transfer by a decree of a civil court or for recovery of arrears of
land revenue) by way of sale, gift, Will, exchange, lease, mortgage with
possession, creation of a tenancy or in any other manner shall be valid in
favour of a person who is not an agriculturist. Explanation. - For the
purpose of this sub-section, the expression "transfer of land" shall
include,- (a)
abenami transaction in which land is transferred to an
agriculturist for a consideration paid or provided by a non-agriculturist; and (b)
an authorisation made by the owner by way of special or general
power-of-attorney or by an agreement with the intention to put a
non-agriculturist in possession of the land and allow him to deal with the land
in the like manner as if he is a real owner of that land. (2) ???Nothing
in sub-section (1) shall be deemed to prohibit the transfer of land by any
person in favour of:- (a)
a landless labourer; or (b)
a landless person belonging to a scheduled caste or a scheduled
tribe; or (c)
a village artisan; or (d)
a landless person carrying on an allied agricultural pursuit; or (e)
the State Government or Central Government, or a Government
company as defined in section 617 of the Companies Act, 1956 (1 of 1956) or a
statutory body or a Corporation or a Board established by or under a statute and
owned and controlled by the State or Central Government; or (f)
a person who has become non-agriculturist on account of
acquisition of his land for any public purpose under the land Acquisition Act,
1894(1 of 1894); or (g)
a non-agriculturist who purchases or intends to purchase land for
the construction of a house or shop, or purchases a built up house or shop,
from the Himachal Pradesh State Housing Board established under the Himachal
Pradesh Housing Board Act, 1972 (10 of 1972), & from the Development Authority
constituted under the Himachal Pradesh Town and Country Planning' Act, 1977 (12
of 1977) or from any other statutory Corporation set-up for framing and
execution of house accommodation schemes in the State under any State or
Central enactment; (h)
a non-agriculturist with the permission of the State Government
for the purposes that may be prescribed: Provided that a person who
is non-agriculturist but purchases land either under clause (g) or with the
permission granted under clause (h) of this sub-section shall, irrespective of
such purchase of land, continue to be a non-agriculturist for the purpose of
this Act: Provided further that a
non-agriculturist in whose case permission to purchase land is granted under
clause (h) of this sub-section, shall put the land to such use for which the
permission has been granted within a period of two years or a further such
period not exceeding one year, as may be allowed by the State Government for
reasons to be recorded in writing to be counted from the day on which the sale
deed of land is registered and if he fails to do so or diverts, without the
permission of the State Government, the said user for any other purpose or
transfer by way of sale, gift or otherwise, the land so purchased by him shall,
in the prescribed manner, vest in the State Government free from all
encumbrances."; (ii) in
sub-section (3) the words, brackets and figure "and such transfer shall be
void ab-initio and the land involved in such transfer if made in contravention
of sub-section (1), shall together with structures, buildings or other
attachments, if any, vest in the State Government free from all
encumbrances" shall be omitted; (iii)
?after sub-section (3), the
following sub-sections (3A), (3B), (3C) and (3D) shall be added, namely:- "(3A)
Where:- (a)
the Registrar or the Sub-Registrar, appointed under the Indian
Registration Act, 1908, (16 of 1908) before whom any document pertaining to transfer
of land is presented for registration, comes to know or has reasons to believe
that the transfer of land is in contravention of sub-section (1); or (b)
a Revenue officer either on an application made to him or on
receipt of any information from any source, comes to know or has reasons to
believe that any land has been transferred or is being transferred in
contravention of the provisions of sub-section (1); such Sub-Registrar, the
Registrar or the Revenue Officer, as the case may be, shall make reference to
the Collector of the District, in which land or any part thereof is situate,
and the Collector, on receipt of such reference, or where the Revenue Officer
happens to be the Collector of the District himself, he either on an
application made to him or on receipt of any information from any source, comes
to know or has reason to believe that any land has been transferred or is being
transferred in contravention of the provisions of sub-section (1), shall after
affording to the persons who are parties to the transfer, a reasonable
opportunity of, being, heard and holding an enquiry , determine whether the
transfer of land is or is not in contravention of sub-section (1) and he shall,
within 90 days from the date of receipt of reference made to him or such longer
period as the Divisional Commissioner may allow for reasons to be recorded an
writing, record his decision thereon and intimate the findings to the
Registrar, Sub-Registrar or the Revenue Officer concerned. (3B) The
person aggrieved by the findings recorded by the Collector, that a particular
transfer of land is in contravention of the provisions of sub-section (1), may
within, a period of 30 days from the date on which the order recording such
findings is made by the Collector or such longer period as the Divisional
Commissioner may allow for reasons to be recorded in writing file an appeal to
the Divisional Commissioner, whom such Collector is subordinate, and the
Divisional Commissioner may, after giving the parties an opportunity of being
heard and if necessary, after sending for the records of the case from the
Collector and after making such enquiry as he thinks fit either personally or
through an officer, working under him reverse, alter or confirm the order made
by the Collector. (3C) The
person aggrieved by the decision of the Divisional Commissioner in appeal under
sub-section (3B), may, within a period of 30 days from the date of such
decision or such longer period as the Financial Commissioner may allow for
reasons to be recorded in writing, file an appeal to the Financial Commissioner
who may, after giving the parties, an opportunity of being heard and, if
necessary, after sending for the records of the case and after making such
enquiry as he may think fit, reverse, alter or confirm the order made by the
Divisional Commissioner and the order made by the Financial Commissioner shall
be final and conclusive. (3D)
Where the Collector of the; District under sub-section, (3A), in case an appeal
is not made within the prescribed period, or the Divisional Commissioner in
appeal under sub-section (3B), or the Financial Commissioner in appeal under
sub-section 3(C), decides that the transfer of land is in contravention of the
provisions of sub-section (1), such transfer shall, be void ab initio and the
land involved in such transfer together with structures, buildings or other
attachments, if any, shall in the prescribed manner vest in the State
Government free from all encumbrances."; and (iv)
in sub-section (4),- (a)
for the brackets and figure "(3)", the figure, brackets
and letter "(3D)", shall be substituted; and (b)
for the Explanation, the following shall be substituted, namely:- "Explanation. - For
the purpose of this section, the expression "land" shall include- (i)
land recorded as "Gair-mumkin", "Gair-mumkinMakan"
or any other Gair-mumkin land, by whatever name called in the revenue records;
and (ii)
land which is a site of a building in a town or a village and is
occupied or let out not for agricultural purposes or purposes subservient to
agriculture.". After section 121 of the
principal Act, the following new section 121A shall be added, namely:- "121A. Bar of
Jurisdiction. - Save as otherwise, expressly provided in this Chapter, the
validity of any proceedings or orders taken or made under this Chapter shall
not be called in question in any civil court or before any other
authority."
Preamble - HIMACHAL PRADESH TENANCY AND LAND REFORMS (AMENDMENT)
ACT, 1994PREAMBLE