Chapter V MISCELLANEOUS

Notwithstanding anything to the contrary contained in any law for the time being in force, the acceptance of a gift under section 13 or a grant of land made or deemed to have been made under provisions of this Act, shall be and shall always be deemed to have been exempt from-

1. (a) payment of stamp duty; and
2. (b) registration or attestation under the law relating to registration and execution of documents.

(1) The State Government may, if it is satisfied that the Board has not been able to grant the land in any year, remit the land revenue or rent due on the land for that year. (2) The State Government may, by notification, direct that the powers conferred on it under sub-section (1) shall, subject to such condition which may be specified, be exercisable by any officer not below the rank of Deputy Commissioner,

1. (2) The State Government may, by notification, direct that the powers conferred on it under sub-section (1) shall, subject to such condition which may be specified, be exercisable by any officer not below the rank of Deputy Commissioner,

1. (i) makes a breach of any of the terms and conditions subject to which allotment has been made; or
2. (ii) furnishes any information which is false or which he knows or believes to be false or which he does not believe to be true; or
3. (iii) fails to pay any dues in respect of the land allotted to him; or
4. (iv) fails without sufficient cause to cultivate such land (if the land has been allotted for cultivation purposes) for two consecutive years; or
5. (v) fails to deliver back the possession of the land to the Board or the Gram Sabha, as the case may be, after the expiry of the term of the allotment; the Board may make an application to the prescribed authority for cancelling the allotment and thereupon the prescribed authority may, after making such inquiry as it deems fit and after giving the allottee an opportunity to be heard, cancel the allotment and restore possession of the land to the Board after ejecting the allottee or any other person found in possession of the land: Provided that in the case of ejectment of an allottee on the grounds mentioned under clause (ii) of this section, such allottee shall also be liable to pay a penal rent at the rate of fifty rupees per bigha, in respect of the land allotted to him and such rent shall be recoverable as arrears of land revenue.

(1) The State Government may, by notification and subject to the condition of previous publication, make1 rules to carry out the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules,--
   • (a) prescribing the form of declaration under sub-section (1) of section 13 for submitting a declaration to make a gift of land;
   • (b) prescribing the form of notice under sub-section (4) of section 13 calling upon persons to show cause why a gift of land should not be accepted;
   • (c) stating other grounds under item (iv) of sub-section (10) of section 13 for rejecting the offer to make a gift;
   • (d) prescribing other particulars under clause (f) of sub-section (1) of section 15 ;
   • (e) prescribing the procedure for making the bye-laws by the Board under section 30; and
   • (f) any other matter which is to be or may be prescribed under this Act.
2. (3) Every rule made under this section 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 1. Rules framed vide Notification No. Rev.-2 A (3) 3/79, dated 1-3-1981 published in R.H.P. dated 18.8.1981, p. 726-735. 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 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 (not inconsistent with the provisions of this Act) as appears to it to be necessary or expedient for the removal of the difficulty.

Any person in

possession of the land on the date of the order passed under section 22 and any person who takes possession, otherwise than in accordance with law, of the land received in donation for purposes of the Bhoodan Yagna may, on application to a Revenue Officer by Board or the allottee concerned, be ejected. For such ejectments the provisions of section 163 of the Himachal Pradesh Land Revenue Act, 1953 (6 of 1954) shall apply.

1. (1) If the land gifted to the Board forms a part of a holding, the Board or the allottee concerned may apply to a Revenue Officer for possession and the Revenue Officer may, notwithstanding any law to the contrary, partition the holding and demarcate the land and apportion the rent or the land Revenue, as the case may be.
2. (2) If there are any arrears of rent or revenue, as the case may be, on the holding partitioned under sub-section (1), the Revenue Officer shall determine the portion of the arrears due on the part of the holding gifted to the Board and thereupon the Board and the allottee shall be liable to pay the portion of the arrears so determined and notwithstanding anything contained in the Himachal Pradesh Land Revenue Act, 1953 (6 of 1954), the Board or the allottee shall not be liable for the arrears in respect of the remaining part of the holding.

The Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.

No action taken or order passed, before or after the commencement of this Act, by the Revenue Officer or any authority under the provisions of this Act shall be called in question by any court or authority.

The proceedings under this Act, shall be deemed

for all purposes to be the proceedings under the Himachal Pradesh Land Revenue Act, 1953 (6 of 1954), and the procedure applicable to proceedings under the said Act shall be followed by the Revenue Officer.

The Board may, subject to the prior

approval of the State Government, by notification in the Official Gazette, make1 regulations for the purpose of carrying out the duties conferred on it by this Act, or in respect of any matter supplementary or incidental thereto, and the bye-laws so made shall be published by the Board in the manner prescribed.

1. (1) The Himachal Pradesh Bhoodan Yagna Act, 1954 (2 of 1955), as in force in the areas comprised in Himachal Pradesh immediately before the 1st November, 1966, the Punjab Bhoodan Yagna Act, 1955 (45 of 1956), in its application to the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) and the Himachal Pradesh Bhoodan Yagna Ordinance, 1977 (5 of 1977) are hereby repealed.
2. (2) Anything done, action taken, land donated and distributed, Board established, rules made, and notifications issued in exercise of the powers conferred by or under the provisions of the Acts and Ordinance repealed under sub-section (1) to the extent of their being consistent with the provisions of this Act, shall be deemed to have been done, donated, distributed, established, made or issued in exercise of the powers conferred by or under this Act, as if this Act was in force on the day on which such thing was done, action taken, land donated and distributed, Board established, rules made or notifications issued. ------------------- 1. Regulations made vide Notification No. Rev. HPBB/Regu/85-86/158 dated 8-8-1985 published in R.H.P. dated 2.11.1985, p. 935-937.