THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1971

The Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971

General197161 sections

This legislation governs the consolidation of agricultural land and prevents its excessive fragmentation across Himachal Pradesh. It applies to landowners, agricultural tenants, and rural communities throughout the state. Due to inheritance and land transactions, agricultural plots often become small and scattered, making farming inefficient. The law allows state authorities to reorganize these scattered holdings into compact blocks, set minimum standard sizes for viable farming plots, and prohibit land transfers or partitions that create unviable fragments. It also facilitates land reservation for essential village infrastructure like roads, drains, and public spaces, ultimately boosting agricultural productivity and rural development.

  1. 0. Preamble
  2. 1. Short title, extent and commencement
  3. 2. Definitions
  4. 3. Determination of notified area
  5. 4. Settlement of standard
  6. 5. Determination and revision of standard areas.
  7. 6. Entry in the record-of-rights.
  8. 7. Transfer and lease of fragments.
  9. 8. Fragmentation prohibited.
  10. 9. Penalty for transfer or partition contrary to provisions of Act.
  11. 10. Valuation of fragment.
  12. 11. Transfer of fragment.
  13. 12. Partition of estate assessed to payment of revenue to Government or separation of share thereof.
  14. 13. State Government or Local authority not to acquire land so as to leave fragment.
  15. 14. Declaration regarding consolidation.
  16. 15. Effect of declaration.
  17. 16. Cancellation of declaration under section 14.
  18. 17. Revision and correction of records.
  19. 18. Publication of correct records.
  20. 19. Declaration regarding revision of records.
  21. 20. Preparation of statement of plots and tenure holders.
  22. 21. Objection on the statement.
  23. 22. Consolidation Scheme
  24. 23. Scheme to provide for compensation
  25. 24. Occupancy tenancies
  26. 25. Power to make provision in the scheme to partition joint lands and joint occupancy tenancies.
  27. 26. Amalgamation of public roads etc., within the scheme for consolidation of holdings.
  28. 27. Land reserved for common purposes
  29. 28. Publication of draft scheme
  30. 29. Confirmation of scheme
  31. 30. Repartition
  32. 31. Preparation of record-of-rights.
  33. 32. Right to possession of new holdings.
  34. 33. Management and control of lands for common purposes to vest in Panchayats or State Government.
  35. 34. Coming into force of such scheme.
  36. 35. Rights after consolidation.
  37. 36. Encumbrances of landowners and tenants.
  38. 37. Effect of consolidation of holdings on evacuee property.
  39. 38. Transfer of rights of land owners in holdings and of tenants in tenancies.
  40. 39. Decrees for possession of land to be executed against land allotted on repartition.
  41. 40. Costs.
  42. 41. Recovery of compensation or costs or other sums payable under this Act.
  43. 42. Transfer of property during consolidation proceedings.
  44. 43. Suspension of partition proceedings during currency of consolidation proceedings.
  45. 44. No instrument necessary to effect transfer.
  46. 45. Apportionment of compensation or net value in case of dispute.
  47. 46. Power to vary or revoke scheme.
  48. 47. Powers of officers to enter upon land for purposes of survey and demarcation.
  49. 48. Penalty for destruction, injury or removal of survey marks.
  50. 49. Report of destruction, removal or injury of survey marks.
  51. 50. Powers to enforce attendance of witnesses in certain matters and application of Code of Civil Procedure.
  52. 51. Officers and authorities.
  53. 52. Delegation of Powers.
  54. 53. Arbitrator.
  55. 54. Power of the State Government to call for proceedings.
  56. 55. Appeal and Revision.
  57. 56. Correction of clerical errors.
  58. 57. Jurisdiction of civil court barred as regards matters arising under this Act.
  59. 58. Public servants indemnified for acts done under this Act.
  60. 59. Rule making power.
  61. 60. Repeal and savings.

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