The Himachal Pradesh Land Revenue (Amendment) Act, 2023

 

[16 of 2023]

[07th December 2023]

AN ACT further to amend the Himachal Pradesh Land Revenue Act, 1954 (Act No. 6 of 1954).

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Seventy-fourth Year of the Republic of India as follows:-

Section - 1. Short title

This Act may be called the Himachal Pradesh Land Revenue (Amendment) Act, 2023.

Section - 2. Amendment of section 4

In section 4 of the Himachal Pradesh Land Revenue Act, 1954 (hereinafter referred to as the "principal Act"), in clause (6), for the words "the official gazette for Himachal Pradesh", the words and sign "the Rajpatra (e-Gazette), Himachal Pradesh" shall be substituted;

Section - 3. Amendment of section 5

In section 5 of the principal Act, after sub-section (2), for the Explanation-I, the following shall be substituted, namely:-

"Explanation.-For the purpose of this section, a site within the limits of a Municipal Corporation, Municipal Council, Nagar Panchayat or Cantonment Board, shall not be deemed to be the site of a village.".

Section - 4. Amendment of section 15

In section 15 of the principal Act, at the end, the following proviso shall be inserted, namely:-

"Provided that any appeal may be admitted after the specified period if the appellant satisfies the Collector, Commissioner or the Financial Commissioner as the case may be that he had sufficient cause for not preferring the appeal within such period.".

Section - 5. Insertion of section 17-A

After section 17 of the principal Act, the following section shall be inserted, namely:-

"17-A Time limit for deciding the appeal, review and revision.-

(1)     Save as provided in section 14 of this Act, the Collector, Commissioner and the Financial Commissioner shall decide every appeal, review or revision, as the case may be, within a period of four months from the date of filing thereof:

Provided that for the reasons to be recorded in writing the time period may be extended by two months.

(2)     If the Revenue Officer fails to decide the case within the extended period, the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However in the case of Collector and Commissioner he shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer under whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in deciding the case, he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner, as may be prescribed against the erring officer.

(3)     If the Revenue Officer fails to submit a report required under sub-section (2) he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.".

Section - 6. Amendment of section 18

In section 18 of the principal Act, for sub-section (3), the following shall be substituted, namely:-

"(3) Subject to the rules made under this Act, a Revenue Officer may refer any case which he is empowered to dispose of under this Act to another Revenue Officer for investigation and report. The investigating officer after hearing the parties concerned shall furnish a report within two months. The Revenue Officer shall consider the report so submitted and decide the case on merits within the stipulated period after hearing the interested parties.".

Section - 7. Amendment of section 21

In section 21 of the principal Act,-

(a)      in sub-section (1), after the words "recognised agent", the following shall be inserted, namely:-

"or (c) on any adult member of the family residing with him:

Provided that any such adult member shall not be a party to the proceedings of the case to which the summon pertains.

Explanation.-For the purposes of this sub-section, the family shall mean the spouse, sons and unmarried daughters.";

(b)      in sub-section (2), for the word "posting", the word "affixing" shall be substituted;

(c)      in sub-section (5) for the sign ":", the sign "." shall be substituted and the proviso thereafter shall be deleted;

(d)      after sub-section (5), so amended, the following sub-section shall be inserted, namely:-

"(6) The summons may, if the Revenue Officer so directs, be served on the persons named therein either in addition to or in substitution of any other mode of service of summons through Short Message Service (SMS) or whatsapp, Electronic Mail (e-mail) or through other electronic mode at the phone number or Electronic Mail address, which shall be available or otherwise known, or made known, to the Revenue Officer:

Provided that if service is effected through any of the modes specified in this subsection, the applicant or the appellant as the case may be, shall provide proof to the satisfaction of the Revenue Officer of the genuineness of the phone number or Electronic Mail address being that of the recipient and the confirmed delivery report on the Electronic Mail address or mobile number of the party concerned, as the case may be, shall be considered as evidence of proper service and a printout of communication shall be placed on the record:

Provided further that an affidavit filed by the applicant or appellant shall be sufficient proof regarding the genuineness of the phone number or Electronic Mail address to which the communication is sent as being that of the recipient..

Section - 8. Amendment of section 23

In section 23 of the principal Act,-

(a)      for the word "posting", the word "affixing" shall be substituted; and

(b)      after the word "relates" the words and signs, "or by publication in the daily newspaper having wide circulation in the area or in the Rajpatra (e-Gazette), Himachal Pradesh" shall be substituted.

Section - 9. Amendment of section 33

In section 33 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:-

"(2-a). The Financial Commissioner may specify the time period, as he may deem fit, for making of or revising the record-of-rights.".

Section - 10. Amendment of section 35

In section 35 of the principal Act,-

(a)      for sub-section (7), the following shall be substituted, namely:-

"(7) The Revenue Officer through a public notice to be issued in the manner and for such time as may be specified by the Financial Commissioner shall invite objections for the finalization of mutation of acquisition of rights as reported under sub-section (1) or (2) and if objections are received shall pass the final order after hearing the interested parties and deciding the objections. In case no objections are received within the specified time period the Revenue Officer shall pass order as he may deem fit."; and

(b)      after sub-section (7), so substituted following sub-sections shall be inserted, namely:-

"(8) The Revenue Officer shall pass the order under sub-section (5) within a period of one month from the date of report under sub-section (1) or (2) and if the Revenue Officer fails to pass order within the stipulated period the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However he shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer under whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in passing the order he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner as may be prescribed against the erring officer.

(9)   If the Revenue Officer fails to submit a report required under sub-section (8), he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.".

Section - 11. Amendment of section 37

In section 37 of the principal Act, after sub-section (3), following sub-sections shall be inserted, namely;-

"(4) The Revenue Officer other than the Assistant Collector shall decide the proceedings under sub-section (1) or (2) of this section within a period of six months from the date of filing application by any interested party:

Provided that for the reasons to be recorded in writing the time period may be extended by three months.

(5)   The Assistant Collector of either grade shall decide such proceedings within a period of two months which may, for the reasons to be recoded in writing, be extended by one month.

(6)   If the Revenue Officer fails to decide the case within the extended period under this section, the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However the Revenue Officer shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer under whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in deciding the case he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner as may be prescribed against the erring officer.

(7)   If the Revenue Officer fails to submit a report required under sub-section (6), he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.".

Section - 12. Insertion of section 62-A

After section 62 of the principal Act, the following section shall be inserted, namely:-

"62A. Exemption from the process of assessment.-

Notwithstanding anything contained in this chapter, the State Government may, by notification, exempt any assessment circle from the process of assessment of the land revenue during a revised settlement and on the recommendation of the Settlement Collector, fix lump sum land revenue not exceeding ten times of the land revenue assessed during the last settlement.".

Section - 13. Amendment of section 107

In section 107 of the principal Act, after sub-section (2), following sub-sections shall be inserted, namely:-

"(3) The Revenue Officer shall define the limits of boundaries mentioned in sub-section (1) by conducting measurements on the basis of the method of surveys used during the last settlement that is by triangulation system or square system or electronic total station system of measurement etc. as the case may be.

(4)   The Revenue Officer shall decide the proceedings of defining the boundaries within two months from the date of filing of application thereof:

Provided that for the reasons to be recorded in writing the time period may be extended by one month.

(5)   If the Revenue Officer fails to decide the case within the extended period, the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However the Revenue Officer shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer under whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in deciding the case he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner as may be prescribed, against the erring officer.

(6)   If the Revenue Officer fails to submit a report required under sub-section (5), he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.

(7)   If all the interested parties have agreed to and accepted the limits defined by the Revenue Officer under sub-section (1) and objections have not been raised by any of the interested party during the proceedings, no appeal shall lie against the order of the Revenue Officer in such proceedings.".

Section - 14. Amendment of section 117

In section 117 of the principal Act, in sub-section (2), for the words "at the discretion of the Revenue Officer to fine which may extend to fifty rupees.", the words and sign "to a fine, as may be prescribed" shall be substituted.

Section - 15. Amendment of section 120

In section 120 of the principal Act, in sub-section (2), after the words "Indian penal Code", the words, sign and figures "and under the provisions of the Prevention of Damage to Public Property Act, 1984 (3 of 1984)" shall be inserted.

Section - 16. Insertion of section 138-A

After section 138 of the principal Act, the following section shall be inserted, namely:-

"138A. Time limit for decision of partition cases.-

(1)     The Revenue Officer shall decide the partition proceedings within a period of six months from the date of application for partition:

Provided that for the reasons to be recorded in writing the time period may be extended by three months.

(2)     If the Revenue Officer fails to decide the partition case within the extended period, the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However, the Revenue Officer shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer to whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in deciding the case he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner as may be prescribed against the erring officer.

(3)     If the Revenue Officer fails to submit a report required under sub-section (2), he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.".

Section - 17. Amendment of section 162

In section 162 of the principal Act, for the words "at the discretion of the Revenue Officer to fine which may extend to fifty rupees.", the words and sign "to a fine, as may be prescribed" shall be substituted.

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The Himachal Pradesh Land Revenue (Amendment) Act, 2023

 

[16 of 2023]

[07th December 2023]

AN ACT further to amend the Himachal Pradesh Land Revenue Act, 1954 (Act No. 6 of 1954).

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Seventy-fourth Year of the Republic of India as follows:-

Section - 1. Short title

This Act may be called the Himachal Pradesh Land Revenue (Amendment) Act, 2023.

Section - 2. Amendment of section 4

In section 4 of the Himachal Pradesh Land Revenue Act, 1954 (hereinafter referred to as the "principal Act"), in clause (6), for the words "the official gazette for Himachal Pradesh", the words and sign "the Rajpatra (e-Gazette), Himachal Pradesh" shall be substituted;

Section - 3. Amendment of section 5

In section 5 of the principal Act, after sub-section (2), for the Explanation-I, the following shall be substituted, namely:-

"Explanation.-For the purpose of this section, a site within the limits of a Municipal Corporation, Municipal Council, Nagar Panchayat or Cantonment Board, shall not be deemed to be the site of a village.".

Section - 4. Amendment of section 15

In section 15 of the principal Act, at the end, the following proviso shall be inserted, namely:-

"Provided that any appeal may be admitted after the specified period if the appellant satisfies the Collector, Commissioner or the Financial Commissioner as the case may be that he had sufficient cause for not preferring the appeal within such period.".

Section - 5. Insertion of section 17-A

After section 17 of the principal Act, the following section shall be inserted, namely:-

"17-A Time limit for deciding the appeal, review and revision.-

(1)     Save as provided in section 14 of this Act, the Collector, Commissioner and the Financial Commissioner shall decide every appeal, review or revision, as the case may be, within a period of four months from the date of filing thereof:

Provided that for the reasons to be recorded in writing the time period may be extended by two months.

(2)     If the Revenue Officer fails to decide the case within the extended period, the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However in the case of Collector and Commissioner he shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer under whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in deciding the case, he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner, as may be prescribed against the erring officer.

(3)     If the Revenue Officer fails to submit a report required under sub-section (2) he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.".

Section - 6. Amendment of section 18

In section 18 of the principal Act, for sub-section (3), the following shall be substituted, namely:-

"(3) Subject to the rules made under this Act, a Revenue Officer may refer any case which he is empowered to dispose of under this Act to another Revenue Officer for investigation and report. The investigating officer after hearing the parties concerned shall furnish a report within two months. The Revenue Officer shall consider the report so submitted and decide the case on merits within the stipulated period after hearing the interested parties.".

Section - 7. Amendment of section 21

In section 21 of the principal Act,-

(a)      in sub-section (1), after the words "recognised agent", the following shall be inserted, namely:-

"or (c) on any adult member of the family residing with him:

Provided that any such adult member shall not be a party to the proceedings of the case to which the summon pertains.

Explanation.-For the purposes of this sub-section, the family shall mean the spouse, sons and unmarried daughters.";

(b)      in sub-section (2), for the word "posting", the word "affixing" shall be substituted;

(c)      in sub-section (5) for the sign ":", the sign "." shall be substituted and the proviso thereafter shall be deleted;

(d)      after sub-section (5), so amended, the following sub-section shall be inserted, namely:-

"(6) The summons may, if the Revenue Officer so directs, be served on the persons named therein either in addition to or in substitution of any other mode of service of summons through Short Message Service (SMS) or whatsapp, Electronic Mail (e-mail) or through other electronic mode at the phone number or Electronic Mail address, which shall be available or otherwise known, or made known, to the Revenue Officer:

Provided that if service is effected through any of the modes specified in this subsection, the applicant or the appellant as the case may be, shall provide proof to the satisfaction of the Revenue Officer of the genuineness of the phone number or Electronic Mail address being that of the recipient and the confirmed delivery report on the Electronic Mail address or mobile number of the party concerned, as the case may be, shall be considered as evidence of proper service and a printout of communication shall be placed on the record:

Provided further that an affidavit filed by the applicant or appellant shall be sufficient proof regarding the genuineness of the phone number or Electronic Mail address to which the communication is sent as being that of the recipient..

Section - 8. Amendment of section 23

In section 23 of the principal Act,-

(a)      for the word "posting", the word "affixing" shall be substituted; and

(b)      after the word "relates" the words and signs, "or by publication in the daily newspaper having wide circulation in the area or in the Rajpatra (e-Gazette), Himachal Pradesh" shall be substituted.

Section - 9. Amendment of section 33

In section 33 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:-

"(2-a). The Financial Commissioner may specify the time period, as he may deem fit, for making of or revising the record-of-rights.".

Section - 10. Amendment of section 35

In section 35 of the principal Act,-

(a)      for sub-section (7), the following shall be substituted, namely:-

"(7) The Revenue Officer through a public notice to be issued in the manner and for such time as may be specified by the Financial Commissioner shall invite objections for the finalization of mutation of acquisition of rights as reported under sub-section (1) or (2) and if objections are received shall pass the final order after hearing the interested parties and deciding the objections. In case no objections are received within the specified time period the Revenue Officer shall pass order as he may deem fit."; and

(b)      after sub-section (7), so substituted following sub-sections shall be inserted, namely:-

"(8) The Revenue Officer shall pass the order under sub-section (5) within a period of one month from the date of report under sub-section (1) or (2) and if the Revenue Officer fails to pass order within the stipulated period the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However he shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer under whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in passing the order he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner as may be prescribed against the erring officer.

(9)   If the Revenue Officer fails to submit a report required under sub-section (8), he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.".

Section - 11. Amendment of section 37

In section 37 of the principal Act, after sub-section (3), following sub-sections shall be inserted, namely;-

"(4) The Revenue Officer other than the Assistant Collector shall decide the proceedings under sub-section (1) or (2) of this section within a period of six months from the date of filing application by any interested party:

Provided that for the reasons to be recorded in writing the time period may be extended by three months.

(5)   The Assistant Collector of either grade shall decide such proceedings within a period of two months which may, for the reasons to be recoded in writing, be extended by one month.

(6)   If the Revenue Officer fails to decide the case within the extended period under this section, the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However the Revenue Officer shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer under whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in deciding the case he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner as may be prescribed against the erring officer.

(7)   If the Revenue Officer fails to submit a report required under sub-section (6), he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.".

Section - 12. Insertion of section 62-A

After section 62 of the principal Act, the following section shall be inserted, namely:-

"62A. Exemption from the process of assessment.-

Notwithstanding anything contained in this chapter, the State Government may, by notification, exempt any assessment circle from the process of assessment of the land revenue during a revised settlement and on the recommendation of the Settlement Collector, fix lump sum land revenue not exceeding ten times of the land revenue assessed during the last settlement.".

Section - 13. Amendment of section 107

In section 107 of the principal Act, after sub-section (2), following sub-sections shall be inserted, namely:-

"(3) The Revenue Officer shall define the limits of boundaries mentioned in sub-section (1) by conducting measurements on the basis of the method of surveys used during the last settlement that is by triangulation system or square system or electronic total station system of measurement etc. as the case may be.

(4)   The Revenue Officer shall decide the proceedings of defining the boundaries within two months from the date of filing of application thereof:

Provided that for the reasons to be recorded in writing the time period may be extended by one month.

(5)   If the Revenue Officer fails to decide the case within the extended period, the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However the Revenue Officer shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer under whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in deciding the case he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner as may be prescribed, against the erring officer.

(6)   If the Revenue Officer fails to submit a report required under sub-section (5), he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.

(7)   If all the interested parties have agreed to and accepted the limits defined by the Revenue Officer under sub-section (1) and objections have not been raised by any of the interested party during the proceedings, no appeal shall lie against the order of the Revenue Officer in such proceedings.".

Section - 14. Amendment of section 117

In section 117 of the principal Act, in sub-section (2), for the words "at the discretion of the Revenue Officer to fine which may extend to fifty rupees.", the words and sign "to a fine, as may be prescribed" shall be substituted.

Section - 15. Amendment of section 120

In section 120 of the principal Act, in sub-section (2), after the words "Indian penal Code", the words, sign and figures "and under the provisions of the Prevention of Damage to Public Property Act, 1984 (3 of 1984)" shall be inserted.

Section - 16. Insertion of section 138-A

After section 138 of the principal Act, the following section shall be inserted, namely:-

"138A. Time limit for decision of partition cases.-

(1)     The Revenue Officer shall decide the partition proceedings within a period of six months from the date of application for partition:

Provided that for the reasons to be recorded in writing the time period may be extended by three months.

(2)     If the Revenue Officer fails to decide the partition case within the extended period, the proceedings shall not become invalid for final adjudication merely on the ground of lapse of the stipulated period. However, the Revenue Officer shall submit a report in the manner as may be prescribed citing reasons for such delay to the officer to whose control he is subjected to and after considering the report and examining the record, if the Controlling Officer is satisfied that there were valid and genuine reasons for delay in deciding the case he may accept the report with no further action. In case the Controlling Officer is not satisfied with the report, he shall submit his observations to the Government for such action and in such manner as may be prescribed against the erring officer.

(3)     If the Revenue Officer fails to submit a report required under sub-section (2), he shall be liable for an action under relevant service rules applicable to such officer after following due procedure.".

Section - 17. Amendment of section 162

In section 162 of the principal Act, for the words "at the discretion of the Revenue Officer to fine which may extend to fifty rupees.", the words and sign "to a fine, as may be prescribed" shall be substituted.