LexThe HIMACHAL PRADESH UTILISATION OF LANDS ACT, 1973
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH UTILISATION OF LANDS ACT, 1973
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Powers of Collector to cause land to be cultiva ted.
4. Payment of compensation to owner.
5. Lease by Collector.
6. Power of Collector to determine lease in certai n cases.
7. Delivery of possession on determination of leas e.
8. Penalty for failure of the tenant to grow food or fodder crops.
9. Sums due recoverable as arrears of land revenue .
10. Steps for securing compliance with Collector's order.
11. Delegation of functions.
12. Instrument of lease not to be stamped, atteste d or registered.
13. Appeal and revision.
14. Bar to suits or legal proceedings.
15. Power to make rules.
16. Saving of tenancies under the Act from the pro visions of
Himachal Pradesh Tenancy and Land Reforms Act, 1972.
17. Repeal and savings.
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THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972
(ACT NO. 17 OF 1973)
1
(Received the assent of the Governor on the 4 th June, 1973 and was
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated the 9 th
July, 1973, pp. 1165-1171).
An Act to provide for the utilization of lands in Himachal Pradesh.
Amended, repealed or otherwise affected by,-
The Himachal Pradesh Tenancy and Land Reforms Act, 1972
(Act No. 8 of 1974), published in the Rajpatra, Him achal Pradesh
21
st February, 1974, pp. 171-210.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-fourth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be
called the Himachal Pradesh Utilization of Lands Act, 1973.
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 6 th January, 1973, p. 15.
2 THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1 972
(2) It extends to the whole 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) “agricultural year” means the year commencing on th e
sixteenth day of June, or on such other date as the State
Government may by notification appoint for any local area;
(b) “Collector” means Collector of the district whe re the land is
situated;
(c) “land” means land which is not urban land and i s not
occupied as the site of any building in a town or v illage, but
does not include land which is leased by Government under
any law other than this Act ;
(d) “owner” means a person having a proprietary rig ht in the land
and includes a usufructuary mortgagee or a lessee;
(e) “prescribed” means prescribed by rules made und er this Act;
(f) “tenant” means a person to whom land is leased by the
Collector under the provisions of this Act; and
(g) “urban land” means all land included within the lim its of a
Municipal Corporation, Municipal Committee, Notifie d Area
Committee and Cantonment.
3. Powers of Collector to cause land to be cultivat ed.- (1)
Notwithstanding any law to the contrary, the Collector may issue notice to the
owner of any land which has not been cultivated for the last two agricultural
years to show cause, within thirty days of the date of the service of such
notice on him, why the land has not been cultivated and in case the Collector
does not find the explanation to be satisfactory, h e may take possession of the
land forthwith for the purposes of this Act:
Provided that the Collector shall not issue such no tice in respect of
any land-
(a) which is used and maintained as grass land and is classified as
such in the revenue records; and
(b) which has been continuously used as grass land for a period
of not less than four years immediately preceding t he date of
the notice, whether or not it was recorded as such in the
revenue records:
Provided further that the Collector shall not issue such notice in
respect of any land which, under any law for the ti me being in force, is
reserved in the year immediately preceding the date of the notice for any of
the following purposes, namely:-
(a) pasture land;
THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972 3
(b) threshing floor;
(c) irrigation tank;
(d) orchard;
(e) private forest;
(f) land which forms part of any home-stead, buria l or cremation-
ground; and
(g) any other public purpose.
Explanation .- For the purposes of this section “grass land” means any
land in the private ownership of an individual in w hich grass or fodder trees,
or both are grown.
(2) The notice required by sub-section (I) shall be deemed to be duly
served if delivered at, or sent by Registered Ackno wledgement Due post to,
the usual or last known place of residence of the owner.
4. Payment of compensation to owner.- Where possession of any
land has been taken under section 3, one-half of the lease money shall be paid
as compensation to the owner of the land.
5. Lease by Collector.- (l) Where the Collector has taken possession
of any land under section 3, he may lease it to any person on such terms and
conditions as he may deem fit for the purpose of gr owing food and fodder
crops.
(2) Every such lease shall ordinarily be for a period of three years.
(3) When the term of lease under sub-section (1) ha s expired or the
lease has been determined under sub-section (1) of section 6, the Collector
may lease it to any person as provided in sub-section (1) but the total period of
lease shall not be more than twenty years.
6. Power of Collector to determine lease in certain cases.- (1) If a
person to whom land has been leased under section 5 commits a breach of any
of the terms and conditions thereof, the Collector, shall without prejudice to
any right or remedy against him, have the power to determine the lease and
take possession of the land.
(2) Where lease has been determined by the Collector, the tenant shall
not be entitled to any compensation.
7. Delivery of possession on determination of lease.- (1) Where any
land taken possession of by the Collector under sec tion 3, is to be returned to
the owner, the Collector may after making such inqu iry, if any, as he
considers necessary, specify by order in writing th e person to whom
possession of the land shall be given.
(2) The delivery of possession of the land to the p erson specified in
any order made under sub-section (I) shall be a ful l discharge of the Collector
from all liability in respect of such delivery but shall not prejudice any rights
in respect of the land which any other person may b e entitled by due process
4 THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1 972
of law to enforce against the person to whom posses sion of the land is so
delivered.
(3) Where the person to whom possession of any land is to be given
cannot be found and has no agent or other person em powered to accept
delivery on his behalf, the Collector shall cause a notice declaring that the
land is released to be affixed on some conspicuous part of the land.
(4) On issue of the notice referred to in sub-secti on (3) the land
specified in the notice shall be deemed to have bee n delivered to the person
entitled to the possession thereof, and the Governm ent or the Collector shall
not be liable for any compensation or other claim in respect of the land for any
period after the said date.
(5) On the expiry of term of lease a tenant will be entitled to get
compensation for the improvements made by him on th e land leased out to
him under the provisions of this Act provided that the lease is not determined
under sub-section (1) of section 6.
8. Penalty for failure of the tenant to grow food o r fodder crops.-
Where the tenant fails to grow food or fodder crops on the land leased to him,
he shall, besides the payment of rent fixed under s ection 5, be also liable to
pay a penalty not exceeding twice such rent.
9. Sums due recoverable as arrears of land revenue.- All sums due
under this Act from the owner or tenant shall be recoverable as arrears of land
revenue.
10. Steps for securing compliance with Collector's order.- The
Collector may take or cause to be taken such steps and use or cause to be used
such force as may in his opinion be reasonably nece ssary for securing
compliance with any order made by him under this Act.
11. Delegation of functions.- The Collector may delegate all or any
of his powers and functions under this Act to any o fficer of the Revenue or
Rehabilitation Department in his district either by name or designation.
12. Instrument of lease not to be stamped, attested or registered.-
Notwithstanding anything contained in any law for the time being in force, no
instrument in writing to give effect to a lease by the Collector under this Act
shall require stamp, attestation or registration.
13. Appeal and revision.- (l) Any person aggrieved by an order
passed by the Collector may, within fifteen days fr om the date of such order,
or such longer period as the Commissioner may allow for reasons to be
recorded in writing, prefer an appeal in writing to the Commissioner
appointed in this behalf by the State Government.
Explanation .-In computing the period of fifteen days, the time take n
in obtaining a certified copy of the order appealed against shall be excluded.
(2) On such appeal being preferred, the Commissioner may order stay
of further proceedings in the matter pending decision on the appeal.
(3) The Commissioner shall decide the appeal after giving the parties
THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972 5
an opportunity of being heard and, if necessary, af ter sending for the records
of the case from the Collector and after making suc h inquiry as he thinks fit
either personally or through the Collector.
(4) The State Government or the Commissioner author ised by it in
this behalf, may, at any time, for the purpose of s atisfying itself or himself as
to the legality or propriety of any order passed by any officer under this Act,
call for and examine the records of any case pendin g before or disposed of by
any such officer and may, after giving the parties a reasonable opportunity of
being heard, pass such order in reference thereto as it or he may deem fit.
(5) Except as provided in this Act no order made or action taken in
exercise of any power conferred by this Act shall b e called into question in
any court or before any officer or authority.
14. Bar to suits or legal proceedings.- (1) No suit, prosecution or
other legal proceedings shall be instituted against any person for anything
which is, in good faith, done or intended to be done under this Act.
(2) No suit or other legal proceedings shall lie against the Government
for any damage caused by anything which is, in good faith, done or intended
to be done under this Act.
15. Power to make rules. - (1) The State Government, may, by
notification in the Official Gazette, make rules fo r carrying out the provisions
of this Act.
(2) Every rule made under this Act shall be laid, a s soon as may be
after it is made, before the Legislative Assembly w hile it is in session for a
total period of not less than fourteen days which m ay be comprised in one
session or in two or more successive sessions and i f before the expiry of the
session in which it is so laid or the sessions afor esaid, the Assembly makes
any modification in the rule or decides that the ru le 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 'he validity of anything pr eviously done under that
rule.
16. Saving of tenancies under the Act from the prov isions of
Himachal Pradesh Tenancy and Land Reforms Act, l972 .- The provisions
of 1[the Himachal Pradesh Tenancy and Land Reforms Act. 1972] shall not
apply to the tenancies created under this Act.
17. Repeal and savings.- The East Punjab Utilization of Lands Act,
1949 (38 of 1949), as in force in the territories t ransferred to Himachal
Pradesh under section 5 of the Punjab Reorganisatio n Act, 1966, is hereby
repealed.
Notwithstanding such repeal anything done or any ac tion taken
1. Substituted for “the Himachal Pradesh Abolition of Big Landed Estates and Land
Reforms Act, 1953 ” by column (c) of section 126 of The Himachal Prades h
Tenancy and Land Reforms Act, 1972 (Act No. 8 of 1974).
6 THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1 972
including any orders, notifications or rules made o r issued in exercise of the
powers conferred by or under the repealed Act shall , to the extent of being
consistent with the provisions of this Act, be deem ed to have been done or
taken in exercise of the powers conferred by or under this Act.
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