Vidhi Codex

The Himachal Pradesh Tenancy and Land Reforms Act, 1972

The Himachal Pradesh Tenancy and Land Reforms Act, 1972

Civil1972126 sections12 chapters

This Act establishes the legal framework for agricultural tenancy in Himachal Pradesh, governing the relationship between landowners and tenants. It applies to all individuals holding land in the state, particularly agricultural tenants and labourers, by defining specific rights and obligations. The law aims to ensure security of tenure for these groups by preventing arbitrary eviction and regulating rent payments. By doing so, it seeks to protect the livelihoods of landless families and promote equitable land distribution, ensuring that tenant rights are upheld and land usage remains fair.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II RIGHT OF OCCUPANCY →

  1. 3Tenants having right of occupancy.
  2. 4Right of occupancy in land taken in exchange
  3. 5Establishment of right of occupancy on grounds other than those expressly stated in the Act
  4. 6Right of occupancy not to be acquired by joint owner in land held in joint ownership.
  5. 7Continuance of existing rights of occupancy.
  6. 8Right of occupancy not to be acquired by mere lapse of time.

Chapter III RENTS →

  1. 9Respective rights of landowner and tenant to produce
  2. 10Commutation of rent payable in kind.
  3. 11Disposal of applications.
  4. 13Collection of rents of undivided property.
  5. 14Resumption with respect to produce removed before division or appraisement.
  6. 15Appointment of referee for division or appraisement
  7. 16Appointment of assessors and procedure of referee
  8. 17Procedure after division or appraisement
  9. 18Reduction of rents.
  10. 19Time for reduction to take effect.
  11. 20Maximum limit for rent
  12. 21Adjustment of rents expressed in terms of the land revenue.
  13. 22Alteration of rent on alteration of area
  14. 23Remission of rent by Court decreeing arrears.
  15. 24Remission and suspension of rent consequent on like treatment of land revenue.
  16. 25Duty of landowner to furnish receipt for rent received from tenant
  17. 26Power to deposit rent in certain cases with the Revenue Officer
  18. 27Effect of depositing rent.
  19. 28Recovery of rent from attached produce.
  20. 29Treatment of leases for period exceeding or equal to term of assessment of land revenue.

Chapter IV LEASE, RELINQUISHMENT AND EJECTMENTLEASE →

  1. 30Leases.
  2. 31Relinquishment by tenant for a fixed term.
  3. 33Repealed.
  4. 34Grounds of ejectment of tenants
  5. 35Certain mortgagees to be deemed as tenants under the Act.
  6. 36Tenant’s right to water
  7. 37Restriction on ejectment.
  8. 38Application to Revenue Officer for ejectment
  9. 39Ejectment for failure to satisfy decree for arrear of rent.
  10. 40Time for ejectment
  11. 41Relief against forfeiture.
  12. 42Rights of ejected tenants in respect of crops and land prepared for sowing.
  13. 43Relief for wrongful dispossession or ejectment.
  14. 44Penalty for wrongful dispossession.

Chapter V SUCCESSION →

  1. 45Succession to right of tenancy.

Chapter VI 24 H.P. TENANCY AND LAND REFORMS ACT, 1972 →

  1. 46Right of tenants to make improvement on land.
  2. 47Improvements made before the commencement of this Act
  3. 48Improvements begun in anticipation of ejectment.
  4. 49Liability to pay compensation for improvements to tenant on ejectment or an enhancement of his rent.
  5. 50Compensation for disturbance of clearing tenants.
  6. 51Determination of compensation by Revenue Courts.
  7. 52Determination of compensation by Revenue Officer
  8. 53Matters to be regarded in assessment of compensation for improvements.
  9. 54Form of compensation.
  10. 55Relief in case of ejectment before determination of compensation.

Chapter VII JURISDICTION AND PROCEDURE →

  1. 56Revenue Officers
  2. 57Applications and proceedings cognizable by Revenue Officer
  3. 58Revenue courts and suits cognizable by them.
  4. 59Superintendence and control of Revenue Officers and Revenue Courts
  5. 60Power to distribute business and withdraw and transfer cases.
  6. 61Appeals.
  7. 62Limitation for appeals
  8. 63Review by Revenue Officers
  9. 64Computation of period limited for appeals and applications for review.
  10. 65Power to call for, examine and revise proceedings of Revenue Officers and Revenue Courts.
  11. 66Procedure of Revenue Officer
  12. 67Persons by whom appearances may be made before Revenue Officer as such and not as Revenue Courts.
  13. 68Costs.
  14. 69Procedure of Revenue Courts.
  15. 70Power of Revenue Officer or Revenue Courts to summon persons.
  16. 71Mode of service of summons.
  17. 72Mode of service of notice, order or proclamation, or copy thereof.
  18. 73Additional mode of publishing proclamation.
  19. 74Joinder of tenants as parties to proceedings relating to rent.
  20. 75Exception of suits under this Act from operation of certain enactments
  21. 76Payment into court of money admitted to be due to a third person.
  22. 77Execution of decrees for arrears of rent.
  23. 78Prohibition of imprisonment of tenants in execution of decree for arrears of rent.
  24. 79Power to refer party to Civil Court.
  25. 80Power to refer to High Court questions as to jurisdiction.
  26. 81Power of High Court to validate proceedings held under mistake as to jurisdiction.
  27. 82Place of sitting.
  28. 83Holidays
  29. 84Discharge of duties of Collector dying or being disabled.
  30. 85Retention of power by Revenue Officers on transfer.
  31. 86Conferment of powers of Revenue Officer or Revenue Court.
  32. 87Powers exercisable by Financial Commissioner from time to time
  33. 88Bar to legal proceedings.
  34. 89Powers of the Financial Commissioner and the State Government to make rules

Chapter VIII EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND →

  1. 90Nullity of certain entries in record of rights.
  2. 91Nullity of certain agreements contrary to the Act.

Chapter IX ACQUISITION OF PROPRIETARY RIGHTS BY OCCUPANCY →

  1. 92Definitions.
  2. 93Appointment of Land Reforms Officers
  3. 94Vesting of proprietary rights in occupancy tenants and extinguish-ment of corresponding rights of landowners.
  4. 95Amount payable to the landowner
  5. 96Determination of compensation payable to landowner.
  6. 97Certain mortgages and charges not enforceable against land held by occupancy tenants.
  7. 98Payment of amount.
  8. 99Chapter not to apply to evacuee property
  9. 100Appeal and revisions
  10. 101Bar of jurisdiction.
  11. 102Bar to legal proceedings.
  12. 103Power to make rules

Chapter X ACQUISITION OR PROPRIETARY RIGHTS BY TENANTS OTHER →

  1. 104Right of tenant other than occupancy tenant to acquire interests of landowner.
  2. 105Total compensation payable by a tenant
  3. 106Claims for compensation and determination of such claims.
  4. 107Reference to Civil Court
  5. 108Disposal of claims by Land Reforms Officer.
  6. 109Payment of compensation
  7. 110Compensation to be deposited in case of minors.
  8. 111Arrears of land revenue to be deducted
  9. 112Bar of jurisdiction.
  10. 113Bar of transfer of ownership rights.
  11. 114Appeal and revision
  12. 115Bar of jurisdiction.
  13. 116Bar to legal proceedings.
  14. 117Power to make rules

Chapter XI CONTROL ON TRANSFER OF LAND →

  1. 118Transfer of land to non-agriculturists barred.
  2. 119Transfer of land in favour of State Government
  3. 120Determination of reasonable price for purpose of transfer
  4. 121Distribution of land transferred in favour of the State Government
  5. 122Power to make rules

Chapter XII GENERAL →

  1. 123Rules to be made after previous publication
  2. 124Laying of the rules before the Legislative Assembly.
  3. 125Power to remove difficulties.
  4. 126Repeals.
  5. 127Savings.

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