LexThe Himachal Pradesh Land Development Act, 1973
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THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 1973
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
DISTRICT LAND DEVELOPMENT COMMITTEE AND
LAND DEVELOPMENT SCHEMES
3. Constitution of the District Land Development Committees.
4. Matters for which Land Development Schemes may provide.
5. Inquiry into and sanctioning of schemes.
6. Publication of schemes.
7. Power to make regulations.
8. Power to make grant or advance loan.
9. Penalty.
10. Works to be carried out by Government at owner’s expense.
11. Contribution by owners of other land benefiting by work.
12. Recovery of contributions.
13. Power to carry out work and recover expenses from owners.
14 Statement and map showing details of work.
15. Repairs and renewals of work.
16. Rights of entry etc.
17. Appeals.
18. Power of control.
CHAPTER-III
RECLAMATION OF WASTE LAND
19. Definitions.
20. Order for taking possession of waste land.
21. Arrangement for reclamation.
22. Claim for arrears of rent not to be enforced against Government
etc.
23. Determination of possession on completion.
2 THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 1973
24. Compensation for period of possession.
25. Accounts.
26. Recovery of net expenditure incurred by Government.
27 Appeals.
28. Continuance of liability for land revenue, rates and cesses.
CHAPTER-IV
SUPPLEMENTARY
29. Power to make rules.
30. Protection of action taken under the Act.
31. Repeal and savings.
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THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 1973
(ACT NO. 14 OF 1973)1
(Received the assent of the Governor, Himachal Pradesh, on the 9th
June, 1973 and was published in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated the 4th July, 1973, pp. 1152-1161).
An Act to provide for the preparation and execution of land development
schemes, the reclamation of waste land and the control of
private forests and grass land in Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-fourth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Land Development Act, 1973.
(2) It shall extend to the whole of Himachal Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification2 in the Official Gazette, appoint in this behalf.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(a) “committee” means the District Land Development
Committee constituted for the District under section 3;
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 3rd May, 1973, p. 672.
2. The Act came into force from the 1st September, 1973, vide Notification No. 6-
21/69-Agr. Sectt., dated the 1st September, 1973, published in the Rajpatra,
Himachal Pradesh, dated 22nd September, 1973, p. 1466.
THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 19738 3
(b) “owner” in relation to any land means a person having a
proprietary right in the land and includes--
(i) a usufructuary mortgagee of such right, and
(ii) a tenant of the land as hereinafter defined;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “reclamation” includes cultivation, afforestation and any
other improvement of land;
(e) “State Government” means the Government of Himachal
Pradesh; and
(f) “tenant” includes a usufructuary mortgagee of the rights of a
tenant.
CHAPTER II
DISTRICT LAND DEVELOPMENT COMMITTEE AND LAND
DEVELOPMENT SCHEMES
3. Constitution of the District Land Development Committees.-
(1) As soon as may be after the commencement of this Act, the State
Government may, by notification in the Official Gazette, constitute a
District Land Development Committee for each district consisting of the
following members, namely:-
(a) the Deputy Commissioner of the district concerned who
shall be the chairman of the committee;
(b) two official members who shall be persons of experience in
agriculture or irrigation engineering or forestry; and
(c) two non-official members.
(2) The term of office of the members of the committee shall, unless
extended by an order of the State Government notified in the Official
Gazette, be five years from the date of notification under sub-section (1):
Provided that the term of office of a member chosen to fill a casual
vacancy shall be the unexpired period of the term of the person in whose
place he has been appointed.
(3) A member may, at any time by notice in writing to the Chairman,
resign his office.
(4) The State Government may, by notification, remove any member
of the committee-
(a) if he refuses to act or becomes, in the opinion of the State
Government, incapable of acting or has been declared a
bankrupt or an insolvent or has been convicted of any such
offence or subjugated by a criminal court to any such order
as implies, in the opinion of the State Government, a defect
of character which unfits him to be a member;
4 THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 1973
(b) if he has been declared by notification to be disqualified for
employment or has been dismissed from the public service
and the reason for disqualification or dismissal is such as
implies, in the opinion of the State Government, a defect of
character which unfits him to be a member;
(c) if he has without reasonable cause in the opinion of the State
Government, and without permission of the committee
absented himself from more than ten consecutive meetings of
the committee;
(d) if, in the opinion of the State Government, he has flagrantly
abused his position as a member of the committee; or
(e) if, being a legal practitioner, he acts or appears in any legal
proceedings on behalf of any person against the committee or
on behalf of or against the Government where in the opinion
of the State Government such action or appearance is
contrary to the interests of the committee:
Provided that before the State Government notifies the removal of a
member under this section, the reasons for his proposed removal shall be
communicated to the member concerned, and he shall be given an
opportunity to tender an explanation in writing.
(5) No act done by the committee shall be questioned on the ground
merely of the existence of any vacancy, or any defect in the constitution of
the committee.
(6) If there is a difference of opinion among the members of the
committee regarding any question, the decision of the majority of members
present and voting shall prevail, and in case of equality of votes the
chairman shall have a casting vote.
4. Matters for which Land Development Schemes may provide.-
(1) The committee may prepare land development schemes providing for
one or more of the following matters, namely:-
(i) preservation and improvement of soil by levelling, terracing
and embankment of fields;
(ii) prevention of soil erosion;
(iii) improvement of water supply by utilisation of water in
rivers, rivulets or springs, tube-wells, boring or construction
of wells, conservation of rain water by constructing dams, or
by use of power or any other means;
(iv) improvement in the methods of cultivation;
(v) introduction of dry farming methods;
(vi) supply of seed, improved implements of agriculture, manure
and fertilizers;
(vii) development of horticulture and planting of fruit trees;
THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 19738 5
(viii) reclamation of land lying waste through water logging,
accumulation of sand, growth of jungle, soil erosion, or any
other cause;
(ix) cultivation of land lying uncultivated owing to the
negligence or incapacity or absence of the owner;
(x) regulation or prohibition of grazing and browsing;
(xi) control and maintenance of tree-growth;
(xii) regulation or prohibition of firing of vegetation;
(xiii) planting or sowing of trees, shrubs and grasses for the
purpose of afforesting uncultivable land or providing shelter-
beds against wind or sand or for any other purpose;
(xiv) protection from locusts and other pests;
(xv) making, improvement and maintenance of village paths and
roads; and
(xvi) any other matter which may be prescribed.
(2) Every scheme prepared under sub-section (1) shall contain the
following particulars, namely:-
(i) the objects of the scheme;
(ii) details of the area to be covered by the scheme;
(iii) the work or kind of work to be carried out under the scheme;
(iv) the agency or agencies through which the work shall be
carried out;
(v) the approximate estimated cost of the scheme;
(vi) the duties and obligations, financial or other, of the
Government as well as of the owner of the area concerned
and the manner in which an owner may discharge a part or
whole of his duties and financial obligations in the form of
labour; and
(vii) any other particulars which may be prescribed.
5. Inquiry into and sanctioning of schemes.- (1) The State
Government may, after the committee has prepared the scheme under
section 4,-
(a) appoint an Inquiry Officer, and
(b) cause the scheme to be published in the manner prescribed
inviting suggestions from persons affected by it and from the
Gram Panchayat, if any, of the area to which the scheme
relates within such time and in such manner as may be
prescribed.
(2) The State Government may, after considering the record of the
inquiry and the report of the Inquiry Officer and after consulting the
6 THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 1973
committee concerned, either sanction the scheme with or without
modification or reject it.
6. Publication of schemes.- Every scheme sanctioned under section
5 shall be published by the Deputy Commissioner in the prescribed manner
and shall come into force on such date as may be specified by him.
7. Power to make regulations.-The committee may, by notification
in the Official Gazette, make regulations for the purpose of carrying out the
objects of the scheme or in respect of any matter supplementary or
incidental thereto, and any regulations so made shall be published by the
committee in the manner prescribed.
8. Power to make grant or advance loan.- (1) The Deputy
Commissioner may grant or advance a loan to any person for carrying out
any work under any scheme on such terms and conditions as may be
prescribed.
(2) The amount of loan or any instalment thereof or interest thereon
which may be due but not repaid in accordance with the terms and
conditions of the loan may, without prejudice to any other remedy provided
by law, be recovered as arrears of land revenue.
9. Penalty.- (1) In making any scheme or any regulation under
section 7 the committee may provide that the contravention of such
provision of the scheme or of such regulations as may be specified by it
shall be punishable with simple imprisonment for a term which may extend
to one month or with fine which may extend to two hundred rupees, or with
both.
(2) No person shall be prosecuted for any contravention specified in
sub-section (1) except on complaint in writing by the Deputy Commissioner
or any other officer authorised by the State Government in this behalf.
10. Works to be carried out by Government at owner’s expense.-
(1) Where under the scheme any work is to be carried out on any land at the
expense of the owner or owners thereof, and such owner, or any one of such
owners, is willing to carry out the work, he may give notice to that effect in
writing to the Deputy Commissioner within sixty days of the coming into
force of the scheme.
(2) On receipt of such notice the Deputy Commissioner shall furnish
the owner with full details of the work and fix the date before which the
owner shall carry out the work.
(3) If the owner fails to carry out the work to the satisfaction of the
Deputy Commissioner before the date fixed by him or if the owner at any
time informs the Deputy Commissioner in writing of his inability to do so,
the Deputy Commissioner may get the work carried out by the Gram
Panchayat or such other agency as he thinks fit and the expenses incurred in
carrying out the work may be recovered from the owner as arrears of land
revenue.
THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 19738 7
(4) Where any work is carried out in pursuance of this section by one
or more of several owners, the other owners shall be liable to contribute
towards the expenses incurred by him or them such amount as the
committee may determine.
11. Contribution by owners of other land benefiting by work.-
Where under the scheme any work is carried out by the owner or by the
Deputy Commissioner at the expense of the owner and the work is in the
opinion of the committee likely to benefit any other land in the area covered
by the scheme, the owners of such land shall be liable to contribute towards
the expenses of carrying out the work, such amount as the committee may
determine:
Provided that the State Government may remit the whole or any part
of the contribution so payable in respect of any work carried out on land
belonging to the Government.
12. Recovery of contributions.- The amount of contribution
determined by the committee under sub-section (4) of section 10 or section
11 shall be paid by the persons concerned within such time as may be
specified by the committee and in default of such payment, shall be
recovered from those persons as arrears of land revenue and paid to the
persons entitled to the contribution.
13. Power to carry out work and recover expenses from owners.-
Notwithstanding anything contained in the scheme, the committee may
direct that the work to be carried out or remaining to be carried out on any
land by the owners thereof shall be carried out by the Deputy Commissioner
and that the whole or any specified part of the expenses of carrying out the
work shall be recovered as arrears of land revenue from the owners of the
land in such proportion at such times, and in such instalments as the
committee may fix having regard to the amount to be recovered and the
nature and extent of the rights of the owners in the land.
14. Statement and map showing details of work.- (1) On the
completion of any work under the scheme, Deputy Commissioner shall
prepare-
(a) a statement in such form, and containing such particulars, as
may be prescribed, and
(b) a map showing the location and other material details of the
work.
(2) Every statement and map so prepared shall, on approval by the
committee, form part of the settlement record, or as the case may be, the
record of rights of the estates specified in the statement and the said record
shall wherever necessary be corrected in accordance with the statement.
15. Repairs and renewals of work.- If any person shown in a
statement prepared under section 14 as liable to maintain and keep in repair
the work, fails to effect such repairs or renewals, or to do so within such
time, as the Deputy Commissioner may, by order specify, the Deputy
8 THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 1973
Commissioner may get the repairs or renewals done by Gram Panchayat or
such other agency as he thinks fit, and the expenses incurred by him in so
doing shall be recovered from the said person as arrears of land revenue.
16. Rights of entry etc..-(1) Any member, officer, subordinate or
workman of the committee or any other person authorised by the Deputy
Commissioner in this behalf may, after giving such notice, as may be
prescribed to the owner in possession of any land, enter upon and survey the
land, or do any act, or carry out any work in or on the land for the purpose of
preparing, inquiring into or executing any land development scheme under
the provisions of this chapter.
(2) Every such member, officer, subordinate, workman or person
shall be deemed to be a public servant within the meaning of section 21 of
the Indian Penal Code (45 of 1860).
17. Appeals.- Any person aggrieved by,-
(a) a determination of the committee under sub-section (4) of
section 10 or section 11; or
(b) making of any entry or the failure to make an entry, in a
statement prepared under section 14; or
(c) the order of the Deputy Commissioner under section 15;
may, within the prescribed time and in the prescribed manner, appeal to the
prescribed authority, and notwithstanding anything contained in any law to
the contrary, the decision of such authority, and where no appeal is
preferred, the determination, order or statement aforesaid shall be final and
shall not be called in question in any court.
18. Power of control.- The State Government may from time to time
call for any report or give any direction to the committee and the committee
shall submit such report and carry out such direction.
CHAPTER III
RECLAMATION OF WASTE LAND
19. Definitions.- In this chapter-
(a) “date of taking possession” means the date on which
temporary, possession of the land is taken on behalf of the
Government under section 20;
(b) “waste land” means any land lying waste through water
logging, accumulation of sand, growth of jungle, soil erosion
or any other cause, or lying uncultivated for not less than
three consecutive years.
20. Order for taking possession of waste land.- (1) If the
committee is satisfied that for purposes of executing any scheme of
reclamation of waste land sanctioned under section 5, it is necessary that
temporary possession of any waste land should be taken, it may, by order in
writing, direct the Deputy Commissioner to take temporary possession of
THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 19738 9
such land on behalf of the Government on such date as may be specified in
that order.
(2) The order shall be made in such form and brought to the notice of
the owner of the land in such manner as may be prescribed.
(3) On the date specified in the order, the Deputy Commissioner or
any officer authorised by him shall enter upon and take possession of the
land on behalf of the Government.
21. Arrangement for reclamation.- When the possession of the land
has been taken the Deputy Commissioner may, with the approval of the
committee arrange for its reclamation-
(a) by retaining it under his management for such period as he
thinks fit; or
(b) by settling it for such period and on such terms as may be
fixed by the committee with the person who, on the date of
taking possession, was in lawful possession of the land, or
was entitled to such possession, or, if such person is dead,
with his successor-in-interest; or
(c) by a combination of the methods aforesaid:
Provided that the total period for which the land is retained or settled
under this section shall not exceed ten years.
22. Claim for arrears of rent not to be enforced against
Government etc..- No claim of the landlord to any arrears of rent accrued
or due in respect of the land for the period prior to the date of taking
possession shall thereafter be enforced by any court, whether in execution of
a decree or otherwise, against the Government or against any person holding
the land under the Government or by the issue of any process against the
land.
23. Determination of possession on completion.- (1) When the
reclamation of the land is in the opinion of the Deputy Commissioner
complete and, in any case before the expiry of the period of ten years from
the date of taking possession, the Deputy Commissioner shall, after making
an inquiry in the prescribed manner and by order in writing,-
(a) declare that possession of the land shall be restored on such
date as may be specified in the order to the owner, who on
the date of taking possession, was in lawful possession of the
land, or was entitled to such possession or if he is dead to his
successor-in interest;
(b) determine the person to whom possession is to be so
restored;
(c) where such person is a tenant, determine the rent payable on
account of the use or occupation of the land; and
(d) where the land or any part thereof has been afforested,
regulate the cutting of trees on such land.
10 THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 1973
(2) On the date specified in the said order, possession of land shall be
deemed to have been delivered by the Government to the person determined
under clause (b) of sub-section (1).
(3) The delivery of possession of the land to the person determined
under clause (b) of sub-section (1) shall be final and in full discharge of the
Government from all liability in respect of such delivery, but shall not
prejudice any right in respect of the land to which any other person may be
entitled, by due process of law, to enforce against the person to whom the
possession of the land has been so delivered.
24. Compensation for period of possession.- (1) As soon as may be
after the date of taking possession of the land, the Deputy Commissioner
shall make an inquiry in the prescribed manner and determine-
(a) in respect of any land which on the said date was in the
occupation of a tenant-
(i) the annual rent payable by him, and
(ii) the average net annual income, if any, after deducting
rent, derived by him during the three years immediately
preceding the said date; and
(b) in respect of any other land, the average net annual income,
if any, without deducting any land revenue payable, derived
by the owner during the three years immediately preceding
the said date.
(2) There shall be payable by the Government as compensation on
each anniversary of the date of taking possession until the date referred to in
sub-section (2) of section 23,-
(a) in respect of such land as is referred to in clause (a) of sub-
section (1), the amount determined under sub-clause (i)
thereof to the landlord and the amount determined under sub-
clause (ii) thereof to the tenant; and
(b) in respect of any other land, the amount determined under
clause (b) of sub-section (1) to the owner.
(3) For the purpose of this section “land-lord” means the person
under whom the tenant holds land and to whom the tenant is or but for a
special contract would be liable to pay rent for that land, and any reference
to the owner, land-lord or tenant shall be deemed to include the predecessors
and successors-in-interest of the owner, land-lord or tenant.
25. Accounts.- The committee shall maintain, in such form and in
accordance with such rules as may be prescribed an account of all receipts
and payments by the Government in respect of the land and any owner of or
other person having, an interest in the land may, on payment of a fee of
fifty-paise, inspect the account.
26. Recovery of net expenditure incurred by Government.- (1)
The net expenditure incurred by the Government on the reclamation of the
THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 19738 11
land under the provisions of this chapter or such part of that expenditure as
the State Government may, by general or special order, direct together with
interest calculated at the prescribed rates and in the prescribed manner shall
be recovered as arrears of land revenue from the person to whom possession
of the land is delivered by the Government under sub-section (2) of section
23.
(2) The amount to be recovered under sub-section (1) from any
person shall be decided by the committee.
27. Appeals.- Any person aggrieved by an order under section 20,
section 23, section 24 or sub-section (2) of section 26 of the committee or
the Deputy Commissioner as the case may be, may, within the prescribed
time and in the prescribed manner, appeal to the State Government, and the
decision of the State Government on such appeal, and where no appeal is
preferred the order aforesaid, shall be final and shall not be called in
question in any court.
28. Continuance of liability for land revenue, rates and cesses.-
The taking and retaining of possession of any land on behalf of the
Government under the provisions of this chapter shall not affect the liability
of any person for the payment of land revenue, rate or cess in respect of the
land for any period whether before or after the date of taking possession.
CHAPTER IV
SUPPLEMENTARY
29. Power to make rules.- (1) The State Government may, by
notification in the Official Gazette, make rules for carrying out the purposes
of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:-
(a) the conduct of business by the committee and the procedure
to be followed at meetings of the committee;
(b) the procedure to be followed for the preparation of the
schemes;
(c) the procedure to be followed by Inquiry Officer under
section 5;
(d) the manner of publication under sections 5, 6 and 7;
(e) the principles on which the amounts of contribution are to be
determined by the committee under sub-section (4) of section
10 or section 11;
(f) the form of the statement under section 14 and the particulars
to be stated therein;
(g) the manner of giving notice under sub-section (1) of section
16;
12 THE HIMACHAL PRADESH LAND DEVELOPMENT ACT, 1973
(h) the authority to whom appeal may lie and the time and
manner of such appeal under section 17;
(i) the form of notice under section 20 and the manner of its
service;
(j) the manner of inquiry under section 23 and sub-section (1) of
section 24;
(k) the form and method of maintaining accounts under section
25;
(l) the rate of interest and the method of its calculation under
sub-section (1) of section 26;
(m) the time and manner of appeal under section 27; and
(n) any other matter which may be prescribed.
(3) Every rule under this section shall be laid, as soon as may be after
it is made, before the Legislative Assembly while it is in session for a total
period of not less than fourteen days which may be comprised in one
session or in two or more successive sessions and if before the expiry of the
session in which it is laid or the sessions aforesaid, the Assembly makes any
modification in the rule or decides 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.
30. Protection of action taken under the Act.- (1) No suit,
prosecution or other proceedings shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of this Act.
(2) Save as otherwise expressly provided by or under this Act, no suit
or other legal proceedings shall lie against the Government for any damage
caused or likely to be caused by anything in good faith done or intended to
be done in pursuance of this Act.
31. Repeal and savings.- The Himachal Pradesh Land Development
Act, 1954 (12 of 1954), as applicable in the areas comprised in Himachal
Pradesh immediately before 1st November, 1966, the Land Improvement
Scheme Act, 1963 (23 of 1963), the East Punjab Reclamation of Land Act,
1949 (22 of 1949), the Punjab Reclamation of Land Act, 1959 (21 of 1959)
as in force in the areas added to Himachal Pradesh under section 5 of the
Punjab Reorganisation Act, 1966 (31 of 1966) are hereby repealed:
Provided that anything done, or any action taken or proceedings
commenced or continued under the Acts hereby repealed shall be deemed to
have been done, taken, commenced or continued under the corresponding
provisions of this Act.
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