PART I (1)
These rules may be called
the Himachal Pradesh Tenancy and Land Reforms Rules, 1975. (2)
They extend to the whole
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 Tenancy and Land Reforms Act, 1972: (8 of 1974) (b)
"estate" has the
same meaning as has been assigned to it in the Punjab Land Revenue Act, 1887
(17 of 1887) or the Himachal Pradesh Land Revenue Act, 1954 (6 of 1954) as the
case may be; (c)
"form" means a
form appended to these rules; (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. PART 2 PROCEDURE FOR REVENUE OFFICERS
FOR THE PURPOSES OF CHAPTERS II TO VIII OF THE ACT (1)
The statements and pleadings
made by or on behalf of parties to a revenue proceedings, whether oral or
written, shall be as brief as the nature of the case admits, and shall not be
argumentative, but shall be confined as far as possible to simple and concise
narrative of the facts which the party by whom or on whose behalf the statement
of pleading is made believes to be material to the case, and which he either
admits or believes that he will be able to prove. (2)
Every written application or
statement filed by a party to a revenue proceeding shall be drawn up and
verified in the manner provided by the Civil Procedure Code for written
statements in suits. The death of one of
the parties to a revenue proceedings, or in proceeding to which a female is a
party, her marriage shall not cause the proceeding to abate And the Revenue
Officer before whom the proceeding is held shall have power to make the
successor-in-interest of the deceased person or of the married female a party
thereto. In fixing dates for
the hearing of parties and their witnesses in adjourning proceedings, and
dismissing applications for default or for other sufficient reason, a Revenue
Officer shall, so far as the nature of the case requires or permits, be guided
by principles of the procedure for the time being in force in Revenue Courts. (1)
A Revenue Officer may at his
discretion award to a witness attending on summons, a sum on account of his
expenses not exceeding the sum to which the witness would have been entitled
far a like attendance in a Civil Court. (2)
The sum so awarded shall be
costs in the proceeding. In proceedings before
a Revenue Officer under the Act, the Revenue Officer shall make with his own
hand a brief memorandum of the statement of parties and witnesses at the time
when such statement is made. In every proceeding
in which an order is passed on merits after inquiry, the Revenue Officer making
the order shall also record a brief statement of the reasons on which it is
founded. (1)
In proceedings which costs
have been incurred the final order shall apportion the costs between the
parties to the proceedings. (2)
Costs thus apportioned shall
be recoverable by the Revenue Officer by attachment and sale of the movable
property of the person l1able for the same in the manner prescribed in section
70 of the Punjab Land Revenue Act, 1887 (17 of 1887) or section 76 of the
Himachal Pradesh land Revenue Act, 1954 (6 of 1954) as the case maybe. (1)
Orders of ejectment from,
and delivery of possession of immovable property shall be enforced in the
manner provided in the Code of Civil Procedure for the time being In force in
respect of the execution of decree whereby a Civil Court had adjudged ejectment
from, or delivery or possession of such property. (2)
And in tHe enforcing of
these orders a Revenue Officer shall have at the powers in the matter of
resistance and the like which a Civil Court may exercise in the execution of a
decree of the description mentioned in sub-rule (1). No entry showing a
person to be a tenant by succession under section 45 or otherwise shall be made
in the record, except through a mutation. PART 3 TEMPORARY DISABILITY UNDER CLAUSE
(D) OF SECTION 30 AND RELINQUISHMENT OF TENANCY UNDER SECTION 31 For the purpose of
clause (d) of sub-section (1) of section 30 a land-owner who is- (a)
temporarily an idiot or a
lunatic; or (b)
a person incapable of
cultivating by reason of blindness or other physical infirmity, or (c)
prosecuting studies in a
recognised institution and does not exceed 25 years in age and whose father or
mother as the case may be either suffers from any of the disqualification
mentioned in clause (a) or (b) of the said sub section or has died; or (d)
under detention or
imprisonment, shall be treated as temporarily disabled. (1)
If a non-occupancy tenant
wants to make a voluntary surrender of his tenancy land in favour of the
Government under section 31, he shall apply to the Collector in Form LR-I On
receipt of the application, the Collector shall record the statement of the tenant
and after having satisfied himself of the fact of voluntarily relinquishing
pass order that the tenant has voluntarily surrendered his tenancy land in
favour of the Government. Thereafter, the Collector shall cause the taking over
of the possession of the land through the Tehsildor concerned in favour of the
Government. (2)
On having taken over the
possession of the tenancy land under sub-rule (1), the Collector shall cause
the necessary entry to be made in the Land Records substituting the right of
the Government on the relinquished tenancy in place of the tenant and shall
take possession of the land on behalf of the State Government. (3)
The Collector shall sub-let
the land to the landless agricultural labourers or to those tenants whose land
holding shall fall short of one acre as a result of resumption of tenancy land
by the land-owners under sub-section (1) of section 104. PART 4 ACQUISITION OF PROPRIETARY RIGHTS
BY OCCUPANCY TENANTS As soon as may be
after the appointed day the Assistant Collector of the 2nd Grade of the tehsil
or sub-tehsil as the case may be will attest the mutations of proprietary
rights of the tenancy land in favour of the occupancy tenants after making a
summary enquiry. (1)
Soon after the mutations
have been attested; the Patwari shall prepare a statement estate-wise in Form
LR-2 and submit the some to the Land Reforms Officer concerned On receipt of
the statement, the Land Reforms Officer shall issue notice in Form LR-3 to the
land-owners and the tenants who have acquired proprietary rights asking them to
be present before him on the date and place to be mentioned in the notice. (2)
The occupancy tenants who
have acquired ownership rights or the land-owner concerned may flle objections,
if any, to the Land Reforms Officer regarding the amount proposed to be paid
within 15 days of the receipt of the notice. ln case there are
objections regarding the proposed amount the Land Reforms Officer will give a
hearing to the parties and will determine the amount payable to the land-owners
and apportion the amount among the land-owners where there are more than one
according to their respective shares. Notices under Chapter
IX of the Act shall be served in the manner prescribed in Section 71 of the Act
for the mode of service of summons. (1)
An appeal under Section 100
of the Act shall be preferred either personally or through a legal practitioner
or recognised agent and the grounds of appeal shall be accompanied by a
certified copy of the order appealed against. (2)
An appeal shall be made on- (a)
one rupee court fee stamp
paper, when made to the Collector; and (b)
two rupees court fee stamp
paper, when made to the Commissioner. An application for
revision to the Financial Commissioner shall be made on a Court fee stamp of
four rupees and shall be accompanied by a certified copy of the order sought to
be revised. All applications
under Chapter IX of the Act shall be on judicial papers and no stamp duty
except as expressly provided in rules 17 and 18 shall be chargeable. A register of the
amount received from the tenant for payment to the land-owners shall be
maintained in Form LR-IV in the office of the Land Reforms Officer concerned to
ensure timely recovery of dues of the land-owners from the tenants and its
payment to the land-owners. In case of amount payable to the State Government
the Land Reforms Officer shall deposit the same into the Government Treasury or
Sub-Treasury, as the case may be, under the relevant Head of Account. PART 5 ACQUISITION OF PROPRIETARY RIGHTS
BY NON-OCCUPANYY TENANTS (1)
A land-owner who intends to
resume land for his personal cultivation under section 104 shall himselfor
through an authorised person submit an application in Form LR-V in duplicate to
the Land Reforms Officer in whose jurisdiction the land is situated. In filiing
up the Farm the land-owner shall be assisted by the Patwari concerned. (2)
The period for submission of
application under sub-rule (1) above is:- (i)
for the land-owners other
than those mentioned in sub-section (8) of section 104 within one month from
the date of commencement of these rules; (ii)
for the minors within 6
months from the date of attainment of majority; (iii)
for members of Armed Forces
mentioned in clauses (c) and (d) of sub-section (8) of section 104 within 3
years from the date on which they cease to be the members of the Armed Forces. The Land Reforms
Officer shall issue receipt of the Form LR-V received by him under sub-rule (1)
to the land-owner in Form LR-VI. If the land of the land-owner is with more
thon one tenant from whom he intends to resume land under the provisions of
section 104, he shall select the land for resumption from the tenant holding
the largest area of tenancy land and then from the tenants who hold lesser tenancy
land in descending order. The land-owners who hold the tenancy land jointly,
they shall resume the land with respect to their shares keeping in view the
principles of consolidation of holdings. In case the
land-owner intends to reserve both classes of land i.e. irrigated and
unirrigated the conversion ratio for such reservation shall be 1:2: Provided that the
total area should not exceed 3 acres when better class of land is converted
into the inferior class. (1)
On the receipt of the
application under rule 21 the Land Reforms Officer shall issue a 10 days notice
in Form LR-Vll to the parties asking them to be present before him on the date
and place (within patwar circle) to be mentioned in the notice. On the date so
fixed the Land Reforms Officer will hear the porties and if the selection of
the land made by the land-owner under rule 22 is mutually agreed upon by the parties,
the Land Reforms Officer shall pass on order about the extinguishment of fhe
rights of the tenant in such land. He shall further order that the possession
the land be given to the land-owner from the date to be specified in the order.
At the same time regarding the remaining land of such tenant or tenants the
Land Reforms Officer shall confer proprietary rights on such tenant or tenants,
as the case may be. (2)
Where the selection of land
made by the land-owner under rule 22 is not mutually agreed upon between the
parties, the and Reforms Officer, shall ask the tenant to exercise the right of
selection of land, in writing within one month from the date of issue of notice
under sub-rule (1). On receipt of the choice of the tenant within the said
period of one month the land Reforms Officer shall hear the parties, and after
having satisfied himself that the land-owner is entitled to resume land under
the provision of section 104 of the Act shall pass orders regarding the land
chosen to be retained by the tenant and also in respect of the land to be
resumed by the land-owner for personal cultivation, within two months from the
date of receipt of Form LR-V uuder sub-rule (1) of rule 21. He shall further
order the extinguishment of right of tenancy on the land resumed by the
land-owner and for handing over the possession of land to the land-owner by the
tenant or tenants, as the case may be after the crop is harvested. Regarding
the remaining land of the tenant or tenants, the land Reforms Officer shall
confer proprietary rights of such land upon the tenant or tenants, and
determine the amount payable by the tenant to the land-owner in respect of that
land. (3)
Where part of fhe fields are
involved in selection of land for resumption and to be left with the tenant the
tatima shajras will be prepared by the Patwari and checked by the Field
Kanungo. The Revenue Officer will also check 25% of the tatima shajras. (4)
While determining the amount
payable by the tenant or tenants, os the case may be, to the land-owner for extinguishment
his rights in land mentioned in sub-rule (2), the land Reforms Officer shall
follow the provisions of sub-section (5) of section 104. The order of the Land
Reforms Officer passed under rule 24 shall be given effect to by way of
mutation on the expiry of fhe period of limitation prescribed for appeal and
revision in section 114. There will be two mutations in each case, one for
extinguishment of tenancy rights and the other for extinguishment of ownership
rights of land in question. The mutation fee chargeable in these mutations will
be the same as that far giving effect to a decree of a Civil Court. (1)
In case the land-owner fails
to bring under personal cultivation the land reserved by him under clauses (i)
and (ii) of sub-section (1) of section 104 within one year from taking over the
possession of the land the Patwari shall make a report to the Land Reforms
Officer of such failure. On receipt of such a report the Land Reforms Officer
shall issue a notice to the land-owner to show cause within fourteen days from
the receipt of the notice as to why the land shall not vest in the State
Government. On hearing the land-owner if the Land Reforms Officer comes to the
conclusion that the land-owner has failed to cultivate the land without
sufficient cause thet he shall pass on order in writing under sub-section (2)
of section 104 that such land vest in the State Government. The Land Reforms Officer
may also order payment of amount to the land-owner at the rates prescribed in
sub-section (2) of section 104. He shall also take possession of the land on
behalf of the State Government and shall cause to make entry in the revenue
records to this effect. (2)
On vestment of the land in
the State Government under sub-rule (1), the Land Reforms Officer shall summon
the tenant from whom the land owner resumed the land for personal cultivation
and shall give him an option and the first choice to acquire the proprietary
rights of the land on payment of the amount at the rate prescribed in
sub-section (2) of section 104. (3)
In case that tenant agrees
to acquire ownership rights of the land under sub-rule (2) he shall be asked to
pay the amount in lump sum or in such number of six monthly instalments not
exceeding ten during the period not exceeding five years from the date of order
of the Land Reforms Office. The Land Reforms Officer shall at the same time
pass an order for the delivery of possession of the land to such a person on
payment of 1st instalment of the amount who acquires thp proprietary rights
under this sub-rule. (4)
In case the tenant does not
exercise option under sub-rule (2) then the land will be allotted in the
following order of preference on payment of 96 times the annual land revenue
plus rates and cesses chargeable thereon: - (a)
to landless agricultural
labourers; (b)
to village artisans; and (c)
to members of scheduled
castes and schedulet tribes. A All rights, title
and interests in the tenancy land of land-owners who have already under their
personal cultivation 3 acres un-irrigated or 1 1/2 acres irrigated land shall
vest in the non-occupancy tenants with effect from the commencement of these
rules. Similarly, the proprietary rights of tenancy land of the non-occupancy
tenants on Government land shall also vest in the tenants from the commencement
of these rules. (1)
The Patwari will enter the
mutation of ownership in the mutation register in favour of the non-occupancy
tenants on whom proprietary rights under rule 27 vested and the Revenue Officer
will attest the mutation in the (2)
Where apart of a held number
is vested in a tenant tatima shajra; of such part will be prepared on the body
of the mutation sheets. lf there is a dispute
regarding the entries of the land records the Land Reforms Officer, in his
capacity as an Assistant Collector of the First Grade, shall decide the dispute
under sub-section (4) of section 104 in accordance with the relevant provisions
of the Punjab Land Revenue Act, 1887, or the Himachal Pradesh Land Revenue Act,
1954, as the case may be. The disputes of such cases will be determined on a
summary inquiry on the files. (17 of 1887 and 6 of 1954). Where a tenancy is in
a part of a field number, tatima shajras of that part will be prepared. Immediately after the
attestation ot the mutation in favour of the tenants the Patwari of the circle
shall prepare a statement, in Form LR-VIII showing the non-occupancy tenants
who have acquired proprietary rights as a result of the mutation under rule 28
estate-wise and forwarded the same to the Land Reforms Officer concerned. On
receipt of the statement, the Land Reforms Officer shall issue 15days notice in
Form LR-IX to the land-owners and the tenants concerned to be present before
him on the date and place mentioned in the notice. The Land Reforms Officer
shall hear the parties on the fixed date. In case there are objections from any
side, the Land Reforms Officer shall after a summary inquiry, pass order
regarding the determination of the amount, apportionment of the same among the
interested land-owners. As soon as the Land
Reforms Officer gives his decision regarding the determination of the amount
under rule 30, entry fo that effect shall be made in a Register to be
maintained in Form LR-IV in his office tehsil-wise. The entries of recoveries
of the amount in lump sum or instalments, as the case may be, from the tenants
and payment thereof to the land-owners shall be made in this register at the
proper time. This register will be
checked and verified by the Land Reforms Officer every month. (1)
The amount shall be
deposited by the tenant with the Land Reforms Officer in lump sum or in such
number of instalments as may be determined by the land Reforms Officer under
sub-section (5) of section104. The Land Reforms Officer will pay the same to
the land-owner whose rights, title and interests ore extinguished. In case
there are more than one land-owner the amount shall be paid in accordance with
their respective shares. In case of amount payable to the State Government, the
Land Reforms Officer shall deposit the same into the Government Treasury or
Sub-Treasury as the case may be, under relevant Head of Account. (2)
Where there is a dispute
between the various claimants the amount determined by the land Reforms Officer
and deposited by the tenants shall be kept in the deposit in the
Treasury/Sub-Treasury pending adjudication of the case by the competent court
or officer, as the case may be. (3)
The amount deposited by the tenant
shall be paid to the land-owner by means of cash payments against receipts. (4)
In case the tenants fail to
pay the instalments according to the time fixed by the Land Reforms Officer in
his order, the land-owner shall make on application to the land Reforms Officer
for recovery of the amount due as arrear of land revenue. (1)
The declaration required to
be made under clause (d) of sub-section (8) of section 104 shall be furnished
in Form LR-X by the father of the member of the Armed Forces to the Collector
concerned within 3 months from coming into force of these rules. The
declaration shall be supported by an affidavit and a copy of the jamabandi
pertaining to the land given in the declaration. (2)
The Collector to whom the
declaration in Form LR-X is furnished under sub-rule (1) shall issue a receipt
of the Form in Form LR-XI to the person finishing the declaration as soon as
the declaration is received by him. Thereafter the Collector shall send a copy
of the declaration to the Tehsildar who will verify the declaration in the
presence of the parties and will direct the Patwari concerned to make entry in
the revenue records in the light of the particulars given in the declarations,
during the harvest inspection next following the declaration. The procedure of Land
Reforms Officer under this part and Part V of these rules shall be, as far as
possible, the procedure prescribed in Part II of these rules for the proceedings
before the Revenue Officers. Notices under Chapter
X of the Act shall be served in the manner prescribed in section 71 of the Act
for the Mode of service of summons. (1)
An appeal under section 114
of the Act shall be preferred either personally or through a legal practitioner
or recognised agent and the grounds of appeal or revision petition shall be
accompanied by a certified copy of the order appealed against, or sought to be
revised, as the case may be. (2)
An appeal or revision
petition, as the case may be, shall be made on - (a)
One rupee court fee stamp
paper, when made to the Collector; (b)
two rupees court fee stamp
paper, when made to the Commissioner; (c)
four rupees court fee stamp
paper; when made to the Financial Commissioner. All applications
under Chapter X of the Act shall be on petition paper and no stamp duty except
as expressly provided in rule 36 shall be chargeable. PART 6 CONTROL ON TRANSFER OF LAND (1)
Where transfer of land by
way of sale, gift, exchange, lease or mortgage with possession, of which
registration is not compulsory under the Registration Act, 1908 (16 of 1908) in
favour of a person, who is not an agriculturist as defined in the Act or comes
within the exemptions given in clauses (a) to (g) of sub-section (2) of section
118, such a person intending to secure a transfer of land in his favour shall swear
an affidavit before the Revenue Officer, attesting the mutation, to the effect
that he is eligible to secure transfer of land in his favour being an
agriculturist. The Revenue Officer shall satisfy himself about the contents of
an affidavit by the aforementioned person and shall attest a mutation only if
that person is found to be an eligible person. (2)
Where a transfer of land by
way of sale, gift, exchange, lease or mortgage with possession requiring
compulsory registration under the Registration Act, in favour of a person who
is not an agriculturist as defined in the Act, such a person intending to
acquire land by way of sale, gift, exchange, lease or mortgage with possession,
shall file an affidavit along with the registration deed before the Sub-Registrar
or Registrar, as the case may be, to the effect that such a person is eligible
to secure the transfer of land in his favour. The Registrar or the
Sub-Registrar, as the case may be, shall satisfy himself by such an inquiry as
he deems fit that such a person is eligible to get the land under the aforesaid
sub-section and only then register the document presented to him for
registration, otherwise the registration of deed shall be refused. (16 of
1908.) (1)
In case a non-agriculturist
intends to acquire land in his name by way of sale, gift, exchange, lease or
mortgage with possession, he shall apply in Form LR-XIV to the Collector in
whose jurisdiction the land is situated, duly supported with copies of
jamabandis and the tatima shajra of the land which he intends to acquire. (2)
The Collector shall varify
the claim of the applicant and thereafter submit the application with his
remarks to the State Government for permission under clause (h) of sub-section
(2) of section 118, through the Divisional Commissioner who shall also record
his opinion about the transfer of land in favour of the applicant. (3)
The State Government, on
receipt of the recommendations of the Divisional Commissioner shall consider
the same and may grant or refuse the permission. (4)
The permission under
sub-rule 2 of this Rule shall for any one or more of the following purposes in
the following scales:- (a)
for agriculture or
horticulture purpose or for both purposes.- An area not exceeding 4 acres, (b)
for building a residential
house.- 500 square meters, (c)
for construction of a shop-
300 square meters. (d)
for industrial unit -such
area as may be certified by the Deptt. of Industries of the State Government. (e)
for charitable religious or
public utility service- Such area as certified by the Collector of the
District. (f)
For construction of a Hotel,
Restaurant, Cafeteria or any such other premises. Such area as may be certified
by the Department of Tourism ot the State Government. Provided that the
permission granted under this Rule shall be valid for a period of 180 days, to
be counted from the date of issue of the orders of the State Government
granting such permission. (1)
Where an agriculturist
intends to transfeh his land in favour of the State Government, he shall give a
notice of his intention to transfer the land in Form LR-XII to the Collector.
The decision of the State Government under sub-section (2) of section 119 shall
be conveyed to the notice server in Form LR-XIII. (2)
The price of the land as
determined by the Collector and confirmed by the State Government shall be paid
to the transfer in cash after withdrawl of the money from the Government
Treasury or the Sub-Treasury against the appropriate Head of Account. (3)
After payment of the price
of the land under sub-rule (2), theCollector shall take over possession of the
land on behalf of the State Government and take steps to get the mutation of
the land in favour of the State Government, attested. The distribution of
the land among the persons mentioned in section 121 shall be made by the
Collector. The eligible person shall be required to make an application to the
Collector who shall allot the land keeping in view the order of preference
mentioned in the aforesaid section. The price of land for
distribution among the persons entitled to get it under section 121 shall not
be less than the price paid by the State Government under sub-rule (2) of rule
39. The total price will be recoverable in six monthly instalments not
exceeding 20. (1)
The corresponding rules
framed under the enactments repealed under section 126 in their application to
the respective areas of Himachal Pradesh shall stand repealed from the date of
the commencement of these rules. (2)
The repeal of the rules
referred to in sub-rule (1) shall not affect their previous operation or
anything done thereunder. (3)
Notwithstanding the repeal
of the rules under sub-rule (1) all suits, applications or other proceedings
pending disposal under the Acts mentioned in section 126 shall be disposed of
in accordance with the provisions of the rules repealed under sub-rule (1) as
if these rules had not been repealed.Himachal
Pradesh Tenancy And Land Reforms Rules, 1975
Rule - 1. Short title, extent and commencement.
Rule - 2. Definitions.
Rule - 3. Statements and pleadings and verification of applications.
Rule - 5. Procedure for fixing dates for hearing etc.
Rule - 6. Expenses of witnesses.
Rule - 7. Record of other proceedings under the Act.
Rule - 8. Contents of order.
Rule - 9. Apportionment of cost and recovery thereof.
Rule - 10. Execution of order of ejectment etc.
Rule - 10A. Devolution of tenancy rights.
Rule - 11. Temporary disability for the purpose of section 30.
Rule - 12. Relinquishment of land under section 31.
Rule - 13. Attestation of mutation.
Rule - 14. Preparation of Statement under section 96.
Rule - 15. Determination of amount and apportionment thereof.
Rule - 16. Manner of service of notices.
Rule - 17. Form of manner of appeals.
Rule - 18. Stamp duty on application for revision.
Rule - 19. Application to be free of stamp duty.
Rule - 20. Maintenance of register of amoun.
Rule - 21. Application for resumption of land by the land-owner under section 104.
Rule - 23. Conversion ratio for the purpose of section 104(1)(iv).
Rule - 24. Procedure for dealing with applications for resumption.
Rule - 25. Mutation.
Rule - 26. Disposal of land vested in State Government under sub-section (2) of section 104.
Rule - 27. Procedure for conferment of proprietary rights on tenants covered by sub-section (3) of section 104.
Rule - 28. Attestation of mutations.
Rule - 29. Determination of disputes under sub-section (4) of section 104.
Rule - 31. Maintenance of register of the amount.
Rule - 32. Payment of amount.
Rule - 34. Procedure.
Rule - 35. Manner of service of notices.
Rule - 36. Form and manner of appeals.
Rule - 37. Application to be free of stamp duty.
Rule - 38. Affidavit by a person for acquisition of land.
Rule - 38A. Purpose for which land is transferable under section 118(2)(h).
Rule - 39. Transfer of land in favour of State Government under section 119.
Rule - 40. Distribution of land purchased by State Government under rule 39.
Rule - 42. Repeal and Savings.