Chapter II CEILING ON LAND HOLDINGS, ACQUISITION AND

Notwithstanding anything to the contrary contained in any law, custom, usage or agreement, no person shall be entitled to hold whether as a landowner or a tenant or a mortgagee with possession or partly in one capacity and partly in another, the land within the State of Himachal Pradesh exceeding the permissible area on or after the appointed day.

(1) Except in the case of land acquired by the Union Government or the State Government under any law for the time being in force or by a tenant under the Pepsu Tenancy and Agricultural Lands Act, 1955 (13 of 1955), or the Punjab Security of Land Tenures Act, 1953 (10 of 1953), or the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974), no transfer by a person holding land in excess of the permissible area except a bonafide transfer after the appointed day shall affect the right of the State Government to the surplus area to which it would be entitled but for such transfers. (2) The Collector shall determine whether a transfer is bonafide or not and his decision shall be final: Provided that the burden of proving the transfer to be bonafide one shall be on the transferor: Provided further that if a person transfers any land in contravention of the provisions of this section, in case of vestment in the State, the land left with him after such transfer will be taken into account first and the transferred land will be taken into account only for making up of deficiency of land to be vested.

(1) Every person, who on the appointed day or at any time thereafter holds the land exceeding the permissible area shall furnish to the Collector particulars of all his lands and that of the separate unit within a prescribed period and in the prescribed form and manner and stating therein the selection of land not exceeding in the aggregate the permissible area which he desires to retain: Provided that such person shall state in the return any transfer or other disposition of land made by him after the appointed day. (2) If the whole or a part of the land selected under sub-section (1) is under tenants, the land-owner shall not be entitled to eject the tenants there from except on the grounds given in the tenancy laws for the time being in force in the State of Himachal Pradesh. Explanation I.- Where the person is a member of the family, he shall include in his declaration particulars of land held by him and also of land, if any, held by other members of the family. Explanation II.- In calculating the extent of land owned or held by a person, the share of such person in undivided family, registered farming co-operative society or a company shall be taken into account. (3) In making a selection of his permissible area under sub-section (1), the land-owner may also select land for a separate unit: Provided that the land selected for the separate unit, after adding the land owned on or after the appointed day by such unit, shall not exceed the permissible area.

(1) Every person required to furnish a return under section 8 whose land is situated in more than one patwar circle shall furnish to the Collector within a prescribed period a declaration supported by an affidavit in respect of the land owned or held by him in such form and manner as may be prescribed. (2) If a person fails to select the permissible area in accordance with the provisions of section 8, the Collector may after collecting the information in such manner as he may deem fit, by order select the permissible area of such person: Provided that no such order shall be made without giving the person concerned an opportunity of being heard.

(1) On the basis of the information given in the return under section 8 or the declaration furnished under sub-section (1) of section 9 which shall be duly verified through such agency as may be prescribed or the information obtained by the Collector under sub-section (2) of section 9, the Collector shall prepare a draft statement in the manner prescribed showing among other particulars the total area of land owned or held by such a person the specific parcels of land which a person may retain by way of permissible area or exemption from ceiling and also the surplus area. (2) The draft statement shall be published in the office of the Collector and a copy thereof shall be served upon the person or persons concerned in the form and manner prescribed. Any objection received within 30 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. (3) A draft statement shall be made final in terms of the order of Collector or the order, if any, passed in appeal, revision or review, as the case may be.

The surplus area of a person shall, on the date on which possession thereof is taken by or on behalf of the State Government be deemed to have been acquired by the State Government for a public purpose on payment of amount hereafter provided and all rights, title, and interests (including the contingent interest, if any), recognised by any law, custom or usage for the time being in force, of all persons in such area shall stand extinguished and such rights, title and interests shall vest in the State Government free from any encumbrance : Provided that where any land within the permissible area of the mortgagor is mortgaged with possession and falls within the surplus area of the mortgagee, only the mortgagee rights shall be deemed to have been acquired by the State Government and the same shall vest in it.

(1) The Collector may, by order in writing, at any time after an area becomes surplus, direct the person in possession of such area or deliver possession thereof within ten days of the service of the order on him to such person as may be specified in the order. (2) If the person in possession of surplus area refuses or fails without reasonable cause to comply with the order made under sub-section (1), the Collector may take possession of the surplus area and may for that purpose use such force as may be necessary.

(1) Where a land owner owns land jointly with other land-owners and his share of such land or part thereof has been, or is to be, declared as surplus area, the officer competent to declare such area, or where such area has been declared, the officer, competent to utilize it, may on his own motion, after summary enquiry and affording to the persons interested in such land an opportunity of being heard, separate his share of such land or part thereof in the land owned by him jointly with other land-owners. (2) Where, after the declaration of the surplus area of any person and before the utilization thereof, his land has been subjected to the process of consolidation, the officers referred to in sub-section (1) shall be competent to separate the surplus area of such person out of the area of land obtained by him after consolidation.

(1) Where any surplus area has vested in the State Government under section 11, the Collector shall determine the amount payable therefor in accordance with the principles hereinafter set out, that is to say- (i) for the land upto ten acres, ninety-five times the land revenue (including rates and cesses); (ii) for the land in excess of 10 acres and below 30 acres, seventy-five times the land revenue (including rates and cesses); and (iii) for the remaining land, forty-five times the land revenue (including rates and cesses); payable for such land : Provided that if the holding or part thereof comprising surplus area is not assessed to land revenue the land revenue on such land shall be construed to be assessed as on similar land in the estate and if not available in the estate then the adjoining estate or estates, as the case may be: Provided further that the waste land shall be treated as banjar land for the purpose of assessment of land revenue and determination of an amount. (2) For the purpose of sub-section (1), the Collector shall prepare a statement of the amount in such form and manner as may be prescribed and shall after following the prescribed procedure apportion the amount amongst the persons having interests in the land. (3) Wherein the surplus area of any person mortgagee rights have vested in the State Government, the amount payable to the mortgagee shall be mortgage money due to the mortgagee, or the amount payable under this section, whichever is less. (4) Where on the land there is any building, structure or tube-well or crop, the owner thereof shall, in addition to the amount payable in respect of the land, be entitled to be paid by the State Government an amount therefor which shall be 50% of the market price of such building, structure, or tubewell. The landowner shall be entitled to harvest the crop standing on the surplus area. (5) The amount shall be payable either in lump sum or in six monthly instalments not exceeding ten in the manner prescribed.

(1) The surplus area which has vested in the State Government under section 11 shall be at the disposal of the State Government. (2) The State Government may, by notification in the Official Gazette, frame a scheme for utilising the surplus area vested in the State Government by allotment- (a) to a landless person a victim of natural calamities or any...

Notwithstanding anything to the contrary in any law, custom, usage, contract or agreement, from and after the commencement of this Act, no person whether as landowner or tenant or a mortgagee with possession shall acquire or possess by transfer, exchange, mortgage, lease, agreement or settlement any land, which with or without the land already owned or held by him, shall in the aggregate exceed the permissible area.

(1) Subject to the provisions of section 15, if after the commencement of this Act, any person, whether as landowner or tenant, acquires by inheritance or by bequest or gift from a person to whom he is an heir of any land, any person has acquired by transfer, exchange, lease, agreement or settlement any land, or if, after such commencement, any person acquires in any other manner any land, which, with or without the lands already owned or held by him, exceeds in the aggregate the permissible area or any person whose land exceeds the permissible area as a result of the operation of any provision of this Act, then he shall, within the period prescribed, furnish to the Collector, a return in the prescribed form and manner giving the particulars of all lands and selecting the land not exceeding in the aggregate the permissible area which he desires to retain, and if the land of such person is situate in more than one patwar circle, he shall also furnish a declaration required by section 9. (2) If he fails to furnish the return and select his land within the prescribed period, then the Collector may in respect of him obtain the information required to be shown in the return through such agency as he may deem fit and select the land for him in the manner specified in sub-section (1) of section 8. (3) If such person fails to furnish the declaration, the provisions of section 9 shall apply. (4) The excess land of such person shall be at the disposal of the State Government for utilisation as surplus area under section 15 or for such other purpose as the State Government may by notification direct. Explanation.- In the case of family, the return may be furnished by any adult member, of the family and in the case of the sole minor by his guardian : Provided that the Collector shall, before determining the surplus area, give to all the members of the family an opportunity of being heard.

(1) No civil court shall have jurisdiction to- (a) entertain or proceed with a suit for specific performance of a contract for transfer of land which affects the rights of the State Government to the surplus area under this Act; or (b) settle, decide or deal with any matter which is under this Act required to be settled, decided or dealt with by the Financial Commissioner, the Commissioner, the Collector. (2) No order of the Financial Commissioner, the Commissioner or the Collector made under or in pursuance of this Act, shall be called in question in any court.

The amount of other sum payable under this Act and the amount of any penalty imposed under this Act may be recovered as an arrear of land revenue.

(1) Any person aggrieved by any decision or order of the Collector may within sixty days from the date of the decision or order prefer an appeal to the Commissioner: Provided that the Commissioner may entertain the appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Any person aggrieved by an order of the Commissioner made under sub-section (1), may, within ninety days from the date of the order, file a revision petition before the Financial Commissioner so as to challenge the legality or propriety of such order and the Financial Commissioner may pass such order as he may deem fit. The order of the Financial Commissioner shall be final. (3) Notwithstanding anything contained in the foregoing sub-sections, the Financial Commissioner may at any time call for the record of any proceedings or order of any authority subordinate to him for the purpose of satisfying himself as to the legality or propriety of such proceedings or order, and may pass such order in relation thereto as he may deem fit.

Any officer or authority holding an enquiry or hearing an appeal or a revision under this Chapter shall have the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), relating to- (a) proof of facts by affidavits; (b) enforcing attendance of any person and his examination on oath; (c) production of documents; (d) issue of commission; and every such officer or authority shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898).

(1) If any person fails to furnish a declaration as required by section 9 or during the course of any proceeding under this Chapter makes a declaration or statement or furnishes any information which is false or which he knows or has reasons to believe to be false or which he does not believe to be true, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) No court shall take cognizance of an offence punishable under sub-section (1) except on a complaint made by the Collector.

In all enquiries and proceedings under this Act, the Collector and any other officer shall have such powers and follow such procedure as may be prescribed.

Every officer acting under or in pursuance the provisions of this Act or any rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

(1) No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done under or in pursuance of this Act or any rules made thereunder. (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions contained in this Act or any rules made thereunder.

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) The power to make any rule under sub-section (1) is subject to the condition of the rules being made after previous publication. (3) Every rule made under this Act shall be laid as soon as may be after it is made before the State Legislature while it is in session for a total period of ten days which may be comprised in one session or two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislature requires any modification in the rule or desires that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions or give such directions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty.

(1) The provisions of the Punjab Security of Land Tenures Act, 1953 (10 of 1953), and the Pepsu Tenancy and Agricultural Lands Act, 1955 (13 of 1955), and the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (15 of 1954), which are inconsistent with the provisions of this Act are hereby repealed. (2) The repeal of the enactments referred to in sub-section (1) shall not affect their previous operation. (3) Subject to the provisions of sub-section (2), anything done or any action taken including any appointment, delegation or transfer made, notification, proclamation, order, instruction or direction issued, authorities and powers conferred, rights acquired and liabilities incurred, rule, regulation, form or scheme framed, date, time and place appointed and other things done under the repealed Acts or law shall ,- (a) be deemed to have been done or taken under the corresponding provisions, if any, of this Act; (b) continue in force unless and until directed otherwise or superseded by anything done or any action taken under this Act by the State Government or by other competent authority. (4) Notwithstanding the repeal of the enactments mentioned in sub-section (1) all suits, applications or other proceedings pending disposal at the commencement of this Act, shall be disposed of in accordance with the provisions of the said Acts as if these Acts had not been repealed.