LexThe Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH VILLAGE COMMON LANDS VESTING AND
UTILIZATION ACT, 1974
(Act No.18 of 1974)
ARRANGEMENT OF SECTIONS
Section
1. Short title, extent and commencement.
2. Definitions.
3. Vesting of rights in the State Government.
4. Treatment of leases made by Panchayats.
5. Treatment of encroachments on lands vested in the State
Government.
6. Determination of amount payable to landowners.
7. Payment of amount.
8. Utilization of land vested in the State Government.
8-A. Utilization of land for development of the State
8-B. Conferment of proprietary rights on Chakotadars.
9. Appeal.
9-A. Review.
10. Bar of jurisdiction.
11. Bar to legal proceedings.
12. Procedure
13. Power to make rules.
14. Power to remove difficulties.
15. Repeal and Savings.
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THE HIMACHAL PRADESH VILLAGE COMMON LANDS VESTING
AND UTILIZATION ACT, 1974.
(Act No.18 of 1974)
AN ACT to provide for vesting and utilization of village common lands in the
State of Himachal Pradesh.
The Act was passed by the Legislative Assembly, Himachal Pradesh on
11.4.1974.
Received the assent of the President of India on 9.8.1974 and thereafter the
Act was published in Rajpatra, Himachal Pradesh Extraordinary dated
29.8.1974 as Act No.18 of 1974.
Amended, repealed or otherwise affected by,-
The H.P. Act No.18 of 1981, R.H.P. (Extraordinary) dated 19.11.1981 (Pages
1025 to 1027).
The H.P. Act No. 10 of 1987, RHP (Extraordinary) dated 8.5.1987 (Pages
776-778).
H.P. Act No. 12 of 1997 published in Rajpatra H.P. Extraordinary dated
7.5.1997 (Pages 1681-1684).
H.P. Act No. 20 of 2001 published in Rajpatra H.P. Extraordinary dated 1st
October, 2001 (Pages 2739 to 2746).
H.P. Act No.32 of 2005 published in Rajpatra H.P. Extraordinary dated 17th
November, 2005 (Pages 4535 to 4540).
H.P. Act No.21 of 2015 published in Rajpatra H.P. dated 30.5.2015 (Pages
1061-1063).
Be it enacted by the Legislative Assembly of the State or Himachal
Pradesh in the Twenty-fifth Year of the Republic of India as follows—
1. Short title, extent and commencement.- (1)This Act may be called the
Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless there is anything repugnant in the subject or
context-
(a) “Collector” means the Collector of the district in which the estate is situated
and includes an Office, not below the rank of an Assistant Collector of the First
Grade, appointed by the State Government to perform the functions of a Collector
under this Act;
1[(a-1) “common purposes” means and includes grazing, collection of fuel wood
and tree leaves for fodder, school buildings, Panchayat Ghars, Mahila mandal
Bhawans, School Playgrounds, Community Hals, Janj Ghars, Dispensaries;
Government Officers, Kisan Mandies, tree plantation under various State
Government Schemes and any other public facilities.]
2[(aa) “Handicapped persons” means a crippled or physically or medically
deficient person whose annual income from all sources does not exceed 3[the limit
fixed for persons living below poverty line as notified by the State Government
from time to time] and on account of injury, disease or congenital deformity, is
substantially prevented from or is incapable of landing a normal life or earning
full wages for the work in which he is employed; or obtaining or keeping
1. Inserted vide Section 2 of Act No.20 of 2001.
2. Inserted by Section 2(a) of H.P. Act of 1987.
3. Substituted for words “rupees seven thousand and five hundred” vide section 2(b) of Act No. 20
of 2001.
employment or undertaking work on his own of a kind in view of that injury,
disease or deformity which work would have suited his age, experience and
qualifications.
Explanation—For the purposes of this clause, a person who has incurred physical
disablement to the extent of fifty percent or more shall, be deemed to be
substantially incapable or disabled person;]
(aaa) “houseless person” means a person who owns no house or a site to construct
a house for himself;
Provided that a person whose father is alive or whose annual income from all
sources exceeds 1 [the limit fixed for persons below poverty line as notified by the
State Government from time to time] shall not be deemed to be a houseless
person,
(b) “inhabitant of an estate” means a person, whether a proprietor or a non-
proprietor, who ordinarily resides in an estate:
Provided that a temporary absence or absence in relation to employment
elsewhere shall not affect his residence in the estate;
(c) “landless person” means a person who holding no land for agricultural
purposes, whether as an owner or a tenant, earns his livelihood principally by
manual labour on land and intends to take the profession of agriculture and is
capable of cultivating the land personally:
2 Provided that a person whose father is alive or whose annual income from all
sources exceeds 1 [the limit fixed for persons below poverty line as notified by the
State Government from time to time] shall not be deemed to be a landless person;
(d) “landowner” means a person, having a share in the shamilat land as recorded
in the land records and includes a Panchayat;
2 (dd) other eligible person means a person;
(i) who, holding land for agricultural purposes less than an area whether
as an owner or a tenant, earns his livelihood principally by manual
labour on land and intends to take the profession of agriculture and is
capable of cultivating the land personally;
(ii) whose father is alive; and
(iii) whose annual income from all sources does not exceeds 1[the limit
fixed for persons below poverty line as notified by the State
Government from time to time];
1. Substituted for words “Rs.3000/-” vide section 2(c) of Act No. 20 of 2001.
2. Inserted by section 2 of the H.P. Village Common Lands Vesting and Utilization
(amendment) Act, 1987.
and shall not include a person who holds a share or a portion of an estate
jointly owned or cultivated by two or more persons;
(e) “panchayat” means a panchayat constituted under the Himachal Pradesh
Panchayati Raj Act, 1968 (19 of 1970);
(f) “prescribed” means prescribed by rules made under this Act;
(g) “State Government” means the Government of Himachal Pradesh;
(h) the words “land” and “private forests” have the same meanings as assigned
to these words in the Himachal Pradesh Ceiling on Land Holdings Act, 1972;
(19 of 1973) and
(i) all other words and expressions used in this Act but not defined in it shall
have the same meanings as assigned to such words and expressions in the
Punjab Land Revenue Act, 1887 (17 of 1887) or the Himachal Pradesh Land
Revenue Act, 954 (6 of 1954) as the case may be.
3. Vesting of rights in the State Government.- Notwithstanding anything to the
contrary contained in any other law for the time being in force or in an agreement,
instrument, custom or usage or any decree or order of any court or other authority
all rights, title and interests including the contingent interest, if any, of the
landowner in the lands in any estate-
(a) vested in a Panchayat under section 4 of the Punjab Village Common
Lands (Regulation) Act, 1961 (18 of 1961 as in force in the areas added
to Himachal Pradesh under section 5 of the Punjab Re-organization Act,
1966 (31 of 1966) except lands used or reserved for the benefit of village
community including streets, lanes, playgrounds, schools, drinking wells
or ponds within abadi deh or garah deh;
1 [(b) described in the revenue records as shamlat taraf, pattis, pannas, thola,
shamlat, shamlat deh, shamlat chak, shamlat tika or by any such other
description and not used according to revenue records for the benefit of
the community in the village or a part thereof or for common purposes of
the village in the areas added to Himachal Pradesh under section 5 of the
Punjab Re-organisation Act,1966; and
(c) described in revenue records as shamlat, shamlat deh, shmlat taraf, shmlat
chak, pattti or by any other such description in the areas, comprised in
Himachal Pradesh, immediately before 1st November,1966;]
1.Substituted vide section 3 (a) of Act No.20 of 2001.
shall stand extinguished and all such rights, title and interest shall vest in
the State Government free from all encumbrances.
(2). The provisions of sub-section (1) of this section shall not apply to lands
described in clause (b) and (c) of that sub-section if, before the date of
commencement of this Act-
(a) partition of such lands is made by the individuals co-sharers
through a process of law by a competent court or authority,
(b) transfer of such lands is made by the landowner by way of sale,
gift or exchange,
(c) such land built upon by an inhabitant by raising a residential house
or cow-shed,
1[(d) land recorded as “shamlat tika Hasab Rasad Malguzari” or by any
other name in the ownership column of jamabandi and assessed to land
revenue and has been continuously recorded in cultivating possession of
the Co- sharers so recorded before 26th January,1950 to the extent of their
shares therein:
Provided that the provisions of this clause shall not be applicable
to such lands which have already been put to use by the Government.]
2[(2-a). The land reverted back to co-sharers under clause (d) of sub-section (2)
shall not be transferred by such co-sharers, by way of sale, gift, mortgage or
otherwise, during a period of twenty five years from the date of mutation of such
land.
(2-b). No Registrar or the Sub-Registrar, appointed under (16 of 1908) the
Registration Act, 1908, shall register any document pertaining to transfer of such
land, which is in contravention of sub-section (2-a) and such transfer shall be void
abinitio and the land involved in such transfer, if made in contravention of sub-
section (2-a), shall vest in the State Government free from all encumbrances.]
(3) The State Government shall be liable to pay, and the landowners whose
rights have been extinguished under sub-section (1) of this section shall be
entitled to receive the amount in lieu thereof at the following rates:-
1. Added vide section 3 (b) of Act No.20 of 2001.
2. Added vide Section 2 of Act No.32 of 2005.
(i) for the land reserved for grazing and other common
purpose under clause(a) of sub-section (1) of section 8, five
times the annual land revenue including rates and
cesses chargeable thereon; and
(ii) for the remaining land, fifteen times the annual land
revenue including rates and cesses chargeable thereon:
Provided that where the land vested in the State Government under
this Act is not assessed to land revenue, the same shall be construed to
be assessed as on similar land in the estate and if not available in the
estate then in the adjoining estate or estates, as the case may be.
(4) The amount paid to a Panchayat under section 7 shall be deemed to be the
Sabha Fund and shall be utilized for such purposes as are mentioned in section 40
of the Himachal Pradesh Panchayati Raj Act,1968.(19 of 1970).
(5) The collector may, by order in writing, at any time after the land vested in
the State Government, direct the landowners to deliver possession thereof within
10 days from the service of the order to such person as may be specified in the
order.
(6) If the landowners refuse or fail without reasonable cause to comply with
the order made under sub-section (5), the Collector may take possession of the
land and may for that purpose use such force as may be necessary.
4. Treatment of leases made by Panchayats.- (1) The Collector shall call for from
Panchayats in his district the record of cases, contracts or agreements entered into
by the Panchayats in respect of any land vested in the Panchayats under the
Punjab Village common Lands (Regulation) Act, 1961 (18 of 1961) and the rules
made thereunder and examine such record himself as to the legality or proprietary
of such leases, contracts or agreements;
(2) Where on examination of the record under sub-section (1) and after making
such enquiry as he deems fit the Collector is satisfied that such leases, contracts or
agreements are in accordance with the provisions of the said Act and rules, he
shall pass orders declaring such leases, contracts or agreements having been made
on behalf of the State Government 1[and will fix the lease money at the rate
notified by the State Government from time to time. Such lease money shall be
recovered by the Panchayat concerned from the lessee].
(3) Where on such examination and enquiry the Collector finds that a lease,
contract or agreement has been entered into in contravention of any of the
provisions of the said Act or the rules made thereunder or has been entered into as
1. Inserted vide Section 4 of Act No.20 of 2001.
a result of fraud or concealment of facts or is detrimental to the interest of the
estate right-holders, he shall cancel such a lease contract or agreement and such
person shall be liable to ejectment under the provisions of section 150 of the
Punjab Land Revenue Act 1887 (17 of 1887):
Provided that no order under sub-section (2) and (3) of this section shall
be passed by the Collector without affording an opportunity of being heard to the
parties to the lease, contract or agreement.
5. Treatment of encroachments on shamlat land or the lands vested in the State
Government.- Where the land vested in the State Government or the shamlat land
by whatever term it is recorded in the revenue records, which has not vested in the
State Government, has been encroached upon by any person or co-sharer before
or after the commencement of this Act the Revenue Officer may of his own
motion or on the report of the Patwari of the circle duly verified by the Kanungo
of the circle or on the application of any estate right holder or co-sharer, eject
such person in accordance with the provisions of section 163 of the Himachal
Pradesh Land Revenue Act, 1954.
6. Determination of amount payable to landowners.- (1) The Collector shall
cause a notice to be served, in the prescribed form and manner, to the landowner,
whose rights have been extinguished under sub-section (1) of section 3, stating
therein, the area of land vested in the State Government and the amount proposed
therefore, immediately after the commencement of this Act, calling upon him to
prefer objections, if any, within60 days from the receipt of the notice:
Provided that the Collector may entertain the objections after the expiry of
the said period of 60 days if he is satisfied that the landowner was prevented by
sufficient cause from filing the objections within the prescribed time.
(2) The Collector after giving the landowner or landowners, as the case may be,
an opportunity of being heard and making such inquiry as may be necessary, shall
make an award determining the amount payable by the State Government to the
landowners in accordance with the provisions of sub-section (3) of section 3 and
also apportion the amount thereof among the landowners.
(3) Where the amount is payable to a minor, the Collector may make such
arrangements as may be equitable having regard to the interest of the minor.
7. Payment of amount.- The amount payable to a landowner under section 6 shall
be paid in the manner and in such number of six monthly instalments not
exceeding ten as may be prescribed.
8. Utilization of land vested in the State Government.- (1) All lands vested in the
State Government under this Act shall be utilized for the following purposes:-
(a) an area not less than fifty per cent of the total area vested in the State
Government under section 3 of this Act for grazing and other common
purposes of the inhabitants of an estate; and
1(b) the remaining land-
(i) for allotment to a landless person 2[,a victim of natural
calamities] or any other eligible person; or
(ii) for allotment of site to a handicapped or houseless person for
the construction of a house;
under a scheme to be framed by the State Government by notification in
the official Gazette and the allottee shall pay an amount at the rate of
forty-eight times of the land revenue and rates and cesses chargeable on
the land allotted to him under the said scheme, either in lump sum or in six
monthly instalments not exceeding four.
(iii)3[for allotment of land to the eligible persons under the
schemes notified by the State Government for providing houses
to the poorer sections of the society.]
(2) The land reserved under clause (a) of sub-section (1) of this section shall be
demarcated by such Revenue Officer and in such manner as may be prescribed.
(3) Any scheme framed by the State Government under clause (b) of sub-section
(1) of this section may provide for the terms and conditions on which the land is
to be allotted.
(4) The State Government may, by notification in the Official Gazette, add to,
amend, vary or revoke any scheme made under this section.
4[Explanation.- For the purpose of this section, the expression ‘natural calamities’
shall mean and include calamities caused by floods, earthquakes, landslides,
avalanches, snow-storms hail-storms, fire, excessive rains, cloud burst, wind
storms and lightening.]
1. Substituted for clause (b) by section 2 of the Amendment Act, 1987.
2. Inserted vide Section 2 (a) of Act No.12 of 1997.
3. Added vide Section 6 of Act No.20 of 2001.
4. Added vide Section 2 (b) of Act No.12 of 1997.
1[8-A. Utilization of land for development of the State.- Notwithstanding
anything contained in Section 8 of the Act, the State Government 2[or any other
officer authorized by the State government in this behalf] may utilize any area of
the land vested in it under the Act 3[by transfer whether by way of lease or
exchange to any person] or by transfer to any department of the Government in
the interests of the development in the interests of the development of the State, if
the State Government 2[or the officer authorized by it] is satisfied that there are
sufficient reasons to do so subject to the condition that land for the purposes
mentioned in clause (a) of sub-section (1) of section 8 in no case shall be less than
fifty percent of the land vested in the Government under the Act:
Provided that when lands not used by a person for the purpose for which it
has been leased, the lease shall stand terminated free from all encumbrances and
the Government shall re-enter on the demised premises and lease money if paid to
the Government, shall be forfeited and no person shall be entitled to any
compensation for any improvement made and for any building constructed
thereunder.
4[8-B. Conferment of proprietary rights on Chakotadars.- Not-withstanding
anything contained in sections 4 and 5 of this Act, the State Government may, by
notification in the Official Gazette, frame a scheme providing for conferment of
proprietary rights on Chakotadars, who have been leased out lands on Chakota
basis by the Panchayats under the Punjab Village Common Lands (Regulation)
Act, 1961, before the commencement of this Act.]
9. Appeal.- An appeal from the order of a Collector passed under this Act shall lie
to the State Government or an Officer to be authorized by it, by a notification,
within 60 days, of passing of the order.
5[9-A. Review.- (1) The Collector or the Officer authorized by the State
Government under section 9 may, either on his own motion or on the application
of any party interested, review and on so reviewing, modify, reverse or confirm
any order passed by himself or by any of his predecessors in office.
(2) No order shall be modified or reversed in review unless a notice has been
given to the parties affected thereby to appear and be heard in support of the
order.
1. Added vide Act No.18 of 1981.
2. Inserted vide Section 7 (a) and (b) of Act No.20 of 2001.
3. Substituted for words “by lease to any person” vide Section 3 of Act No.12 of 1997.
4. Added vide Act No. 21of 2015.
5. Inserted vide Section 8 of Act No.20 of 2001.
(3) An order against which an appeal has been preferred shall not be reviewed.
(4) An application for review of an order shall not be entertained unless it is made
within 90 days of the passing of the order, or unless the applicant satisfies the
Collector or an Officer authorized by the State Government that he had sufficient
cause for not making the application within that period.]
10. Bar of jurisdiction.- Save as otherwise expressly provided in this Act, no
order made by the Collector or the State Government or any officer authorized by
it as the case may be, shall be called in question by any court or before any officer
or authority.
11. Bar to legal proceedings.- No suit, prosecution or other legal proceedings
shall lie against the State Government or any officer or authority for any act
which is in good faith done or intended to be done in pursuance of this Act or of
any rules made thereunder.
12. Procedure.- In all enquiries and proceedings under this Act, the Collector and
any other officer or authority shall have such powers and follows such procedure
as may be prescribed.
13. Power to make rules.- (1) The State Government may, by notification, in the
Official Gazette make rules for carrying out the purpose 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 form and manner in which a notice is to be served under section 6;
(b) for fixing of instalments and the manner in which, the payment of
amount is to be made under section 7;
(c) the manner in which the land under sub-section (3) of section 8 to be
demarcated;
(d) the manner and procedure in which enquiries may be held under
section 12; and
(e) any other matter which has to be or may be prescribed under this Act.
(3) The power to make rules under sub-section (1) and (2) is subject to the
condition of the rule being made after previous publication.
(4) 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 not
less than seven days, which may be comprised in one session or in 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.
14. Power to remove difficulties.- 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.
15. Repeal and Savings.- (1) With effect from the commencement of this Act, the
Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961) in its
application to the territory added to Himachal Pradesh under Section 5 of the
Punjab Re-organization Act, 1966 (31 of 1966) shall stand repealed.
(2) Save as provided in section 4 the repeal of the said Act shall not affect
anything done or any action taken thereunder.
(3) Subject to the provisions of sub-section (2) no authority shall pass an order in
any proceedings whether instituted before or after the commencement of this Act
which is inconsistent with the provisions of this Act.
1. Extracts from the H.P. Village Common Lands Vesting and Utilization
(Amendment) Act, 1981.
Section 1 (2).- It shall be deemed to have come into force with effect from 1st
January, 1979.
2. Extracts from the H.P. Village Common Lands Vesting and Utilization
(Amendment) Act, 1987.
Section 1 (2).- It shall be deemed to have come into force with effect from the
date of commencement of the H.P. Village Common Lands Vesting and
Utilization Act, 1974.
3. Extracts from the H.P. Village Common Lands Vesting and Utilization
(Amendment) Act, 2001.
Section 1 (2).- The provisions of this Act, shall be deemed to have come into
force with effect from the date, the Himachal Pradesh Village Common Lands
Vesting and utilization Act, 1974 came into force.
4. Extracts from the H.P. Village Common Lands Vesting and Utilization
(Amendment) Act, 2005.
Section 1 (2).- It shall be deemed to have come into force on the 8th day of July,
2005.