LexThe HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS)
ACT, 2021
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
OFFICERS AND POWERS
3. Officers.
4. Superintendence and control of officers.
CHAPTER-III
SURVEY, MAPPING AND IDENTIFICATION
5. Identification of abadi deh area.
6. Survey and mapping.
CHAPTER-IV
STANDING RECORD OF RIGHTS AND ITS MAKING
7. Standing record of rights.
8. Inquiry by the Assistant Recording and Resolution Officer.
9. Preparation of standing record of rights.
10. Display of record.
11. Raising of objections and decision.
CHAPTER-V
APPEAL, REVIEW AND REVISION
12. Appeal.
13. Review.
14. Revision by Financial Commissioner.
CHAPTER-VI
TRANSFER OF RECORD
15. Transfer of record to the District Collector.
16. Application of Chapter IV of Revenue Act.
17. Application of Chapter VIII of Revenue Act.
2 THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021
CHAPTER-VII
PARTITION
18. Partition of survey units.
19. Disputes as to partition.
CHAPTER-VIII
MISCELLANEOUS
20. Summons.
21. Presumption in favour of entries in the standing record of
rights.
22. Suit for declaratory decree by persons aggrieved by an entry
in a record.
23. Correction of clerical errors.
24. Protection of action taken in good faith.
25. Power to remove difficulties.
26. Exclusion of jurisdiction of civil courts.
27. Powers of officers to enter upon land, dwelling and habitation
areas, survey units for the purposes of survey and
demarcation.
28. Penalty for destruction, dismantling or r emoval of survey
marks and demarcation.
29. Power to make rules.
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THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS)
ACT, 2021
(ACT NO. 2 OF 2022)1
(Received the assent of the Governor on the 2nd February, 2022 and
was published both in Hindi and English in the Rajpatra, Himachal Pradesh
(e-Gazette), dated 10th February, 2022, pp. 7729-7751).
An Act to provide for recording and resolving of proprietary rights of the
abadi deh area in the revenue estates and for matters connected
therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Seventy-second Year of the Republic of India as follows:-
1. Passed in Hindi and English by the Himachal Pradesh Vidhan Sabha. For
Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (E -
Gazette), dated 17th December, 2021, pp. 6154 and 6164.
THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021 3
CHAPTER-I
PRELIMINARY
1. S hort title, extent and commence ment.- (1) This Act may be
called the Himachal Pradesh Abadi deh (Record of Rights) Act, 2021.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force with immediate effect.
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a) “abadi deh” means the site recorded as such in the Record of
Rights prepared and maintained under the Revenue Act,
which is not assessed to land revenue;
(b) “Appointed day” means the twentieth day of April, 2020;
(c) “Assistant Recording and Resolution Officer” means a
Revenue Officer not below the rank of Naib -Tehsildar under
the Revenue Act, notified to perform functions under this
Act;
(d) “Assistant Survey Officer” means an officer appointed by the
Government to act and perform functions under this Act;
(e) “Chief Recording and Resolution Officer” means the
Collector of the district under the Revenue Act, notified to
perform functions under this Act;
(f) “Commissioner” means the Commissioner of the division
under the Revenue Act, notified to perform functions un der
this Act;
(g) “Common area” means an area or building within the abadi
deh used for any common need, convenience or benefit of the
community and includes roads, paths, streets, public parks,
drains, public toilets, ponds and tanks, wells, water courses,
play grounds, bus stand or waiting places, places used for
public sittings and gatherings or for any such other purposes
used by the inhabitants, and any vacant site or plot not owned
or possessed by any person; but does not include a building or
area w hich houses an institution under the control of the
Central or State Government;
(h) “Financial Commissioner” means the Financial
Commissioner (Revenue) Himachal Pradesh notified to
perform the functions under this Act;
(i) “Government” means the Government of Himachal Pradesh;
(j) “notification or notified” means a notification published in
the Rajpatra (e-Gazette), Himachal Pradesh;
4 THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021
(k) “Panchayat” means a Panchayat constituted under the
Himachal Pradesh Panchayati Raj Act, 1994; (4 of 1994).
(l) “prescribed” means prescribed by rules made under this Act;
(m) “proprietary right” means the right of ownership recorded in
the name of a person, Panchayat, Urban Local Body, Central
or State Government, juristic person or any other entity but
does not include the rights of tenant, lessee, mortgagee or any
other right which does not confer ownership;
(n) “Recording and Resolution Officer” means a revenue officer
not below the rank of Sub -Divisional Collector, notified to
perform functions under this Act:
(o) “Revenue Act” means the Himachal Pradesh Land Revenue
Act, 1954; (6 of 1954).
(p) “Revenue Officer” means a revenue officer exercising the
powers under the Revenue Act;
(q) “section” means section of this Act;
(r) “Survey Officer” means an officer appointed by the
Government to act and perform functions under this Act;
(s) “survey unit” means the area within the abadi deh, to which a
survey number is assigned under this Act;
(t) „Urban Local Body‟ means a Municipal Corporation,
Municipal C ouncil or a Nagar Panchayat, constituted under
the Himachal Pradesh Municipal Corporation Act, 1994 (12
of 1994) and Himachal Pradesh Municipal Act, 1994 (13 of
1994) respectively; and
(u) “Village Committee” means the committee nominated in the
village or area under urban local body, as the case may be, by
the Assistant Recording and Resolution Officer, with its
composition as prescribed to identify the ownership of survey
units and common areas set apart for common purposes with
the abadi deh.
(2) Words and expressions used herein and not defined but defined in
the Revenue Act have the meanings respectively assigned to them in that Act.
CHAPTER-II
OFFICERS AND POWERS
3. Officers.- (1) Subject to the provisions of this Act, there shall be
the following officers notified to perform the functions and exercise powers
under this Act, namely:-
(a) Financial Commissioner;
(b) Commissioner;
THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021 5
(c) Chief Recording and Resolution Officer;
(d) Recording and Resolution Officer;
(e) Assistant Recording and Resolution Officer;
(f) Survey Officer; and
(g) Assistant Survey Officer.
(2) Subject to the provision of this Act, the officers mentioned in
clauses (a), (b), (d) and (e) of sub -section (1) shall have, for the purposes of
discharging their functions under this Act, the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908, (5 of 1908) in respect of
the following matters, namely:-
(a) the summoning and enforcing the attendance of any person
and examining him;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) subject to the provisions of sections 123 and 124 of the Indian
Evidence Act, 1872, (1 of 1872) requisitioning any public
record or document or copy of such record or document from
any office; and
(e) issuing commissions for the examination of witnesses or
documents.
4. Superintendence and control of officers. - (1) The
superintendence and control over all officers in their administrative
functioning under this Act shall vest in the Financial Commissioner, and all
such officers shall be subordinate to him.
(2) Subject to the superintendence and control of the Financial
Commissioner, the Commissioner shall control all other officers under this
Act, in his division.
(3) Subj ect to the superintendence and control of the Financial
Commissioner, the Chief Recording and Resolution Officer shall control all
other officers under this Act, in his district.
(4) Subject to aforesaid and to the control of the Chief Recording and
Resolution Officer, the Recording and Resolution Officer shall control all
other officers under this Act, in his sub-division.
CHAPTER-III
SURVEY, MAPPING AND IDENTIFICATON
5. Identification of abadi deh area. - The Government may, by
notification, specify any abadi deh in a district, sub -division of a district,
Urban Local Body or a village as an area for the purpose of identifying,
recording and resolving the rights in each survey unit.
6 THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021
6. Survey and mapping.- (1) The Government shall appoint a Survey
Officer and an Assistant Survey Officer to assist him, for each area notified
under section 5 to conduct a survey in the manner as may be prescribed.
(2) The Government, upon notifying areas of which the standing
record of rights within an abadi deh is to be prepared , shall itself or through a
notified agency get a survey conducted and mapping done of such area to
determine the boundary of the abadi deh, define the area and dimension of
each survey unit, and assign a unique survey number to each such unit.
(3) The sur vey reports and maps prepared of the area shall be
submitted to the Assistant Recording and Resolution Officer for the purpose
of preparing the standing record of rights in the survey units.
CHAPTER-IV
STANDING RECORD OF RIGHTS AND ITS MAKING
7. Standing record of rights.- (1) There shall be a standing record of
rights for each abadi deh area, which shall comprise the following namely:-
(a) the record of proprietary rights of each survey unit prepared
under this Chapter;
(b) the survey reports and maps prepared under Chapter III with
dimensions;
(c) the record of proceedings of the meetings of the Village
Committee;
(d) such other document as may be prescribed or notified; and
(e) genealogical tree (Shajra Nasab).
8. Inquiry by the Assistant Recording and Resolution Officer.- (1)
The Assistant Recording and Resolution Officer, on his being designated as
such, shall constitute a Village Committee for identifying the proprietary
rights of the proprietors in the survey units.
(2) The Assistant Recording and Resolution Officer, in respect of the
abadi deh of which the standing record of rights is to be prepared, shall inform
the inhabitants of the area, in the manner prescribed, about the proposal to
prepare such record for each of the survey unit.
9. Preparation of standing record of rights. - (1) The Assistant
Recording and Resolution Officer, after deliberations and consultations with
the Village Committee and hearing the parties interested, shall, in a summary
manner, and as may b e prescribed, record the proposed entries of proprietors
and their proprietary rights and of the boundaries of the survey unit in the
standing record of rights, as on the appointed day.
(2) The entry of proprietor and his proprietary rights shall be recorded
by the Assistant Recording and Resolution Officer in the name of,-
(a) the owner of the built up dwelling and residential areas
including its open or enclosed court yards, other vacant land
THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021 7
and plots of owners not being a common area, shops and
other establishment;
(b) the Panchayat and the Urban Local Body for the common
area, vacant land or plot not owned by any person; and
(c) the Central, State Government, juristic person or other entity
in respect of the land or institutions owned by it.
(3) In the conduct of exercise of powers under sub -sections (1) and
(2) if a survey unit is found to be sub-divided, which escaped the attention of
the Survey Officer, the Assistant Recording and Resolution Officer shall
assign a unique number to each such survey unit.
(4) The rights acquired under this Act, shall not entitle the owner to
acquire status of an agriculturist or a scheduled tribe for the purpose of section
118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of
1974) or Himachal Pradesh Transfer of Land (Regulation) Act, 1968 (15 of
1969).
10. Display of record.- The survey map prepared under section 6 and
the record of entries of proprietors in a survey unit prepared under section 9,
shall be displayed at a conspicuous place in the villa ge or within the area of
the Urban Local Body and a copy thereof supplied to the Panchayat through
the Ward Member of the village or the elected representative of the Urban
Local Body or the Secretary in the absence such elected members of the
Urban Local Body, as the case may be, in the manner, as may be prescribed.
11. Raising of objections and decision. - (1) A person aggrieved by
the demarcation of any boundary in the survey record, or an entry regarding
the proprietary rights in the standing record of rights in a survey unit, may,
within thirty days from the date of display of record under section 10, file
objections about the correctness thereof before the Assistant Recording and
Resolution Officer.
(2) The Assistant Recording and Resolution Officer af ter hearing the
parties and perusing the record, if any, shall make necessary correction of the
boundaries in the survey map, and ascertain the persons best entitled to be
recorded as the proprietor in the survey unit, and within sixty days of the
expiry o f the period under sub -section (1), pass an order in this regard by
recording reasons.
Explanation.- The recording of the proprietary rights of a person in a
survey unit shall not be conclusive proof of ownership and shall be subject to
corrections and alt erations in appeal or revision under this Act or also the
rights so determined by a judgment and order of a court of competent
jurisdiction.
(3) An entry recorded in the standing record of rights under section 9,
if no objection is filed within the period provided under sub-section (1), shall
be treated as final.
8 THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021
(4) The Assistant Recording and Resolution Officer shall thereafter in
the manner prescribed, publish the record as finalized, which shall incorporate
an order that may be passed under sub-section (2).
(5) The standing record of rights finalized by the Assistant Recording
and Resolution Officer shall be amended or modified in the event of an order
passed under sub -section (2) is set aside, modified or reversed in appeal,
review or revision.
CHAPTER-V
APPEAL, REVIEW AND REVISION
12. Appeal .- (1) Any person aggrieved by an order passed by the
Assistant Recording and Resolution Officer under section 11 may, within
thirty days of the passing of such order, file an appeal before the Recording
and Resolution Officer.
(2) The Recording and Resolution Officer after hearing the parties
interested and likely to be affected either accept the appeal or dismiss the
same by passing a reasoned order.
(3) Any person aggrieved by an order passed by the Recordi ng and
Resolution Officer under sub -section (2) may, within thirty days of the
passing of such order, appeal to the Commissioner, who shall after hearing the
parties interested and likely to be affected either accept the appeal or dismiss
the same by passing a reasoned order.
(4) Appeals under sub -sections (2) and (3) shall be decided by the
Recording and Resolution Officer and the Commissioner, as the case may be,
within sixty days from the date the respondent puts in appearance after notice
or is proceeded against ex-parte unless for reasons to be recorded in writing it
is directed otherwise:
Provided that,-
(a) when an original order is confirmed on first appeal, a further
appeal shall not lie; and
(b) when any such order is modified or reversed on app eal by the
Recording and Resolution Officer, the order made by the
Commissioner on further appeal, if any, to him shall be final.
(5) An appellate authority shall not remand a case except where it is
established from the record that an adverse order has been passed against a
necessary party who was not duly served.
13. Review. - (1) Where there is a mistake or error apparent on the
face of record or where some new and important fact or evidence is
discovered, the Assistant Recording and Resolution Officer, the Recording
and Resolution Officer and the Commissioner, may within sixty days of the
order sought to be reviewed either on their own motion or on the application
of a party interested, after notice to the party likely to be affected and giving
THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021 9
reasonable hearing, review, and on so reviewing, modify, reverse or confirm
any order passed by himself or his predecessor in office:
Provided that,-
(a) when an Assistant Recording and Resolution Officer finds it
necessary to review any order, he shall first ob tain the
sanction of the Recording and Resolution Officer;
(b) when a Recording and Resolution Officer finds it necessary to
review any order, he shall first obtain the sanction of the
Chief Recording and Resolution Officer;
(c) when any such order is modified or reversed on review by the
Assistant Recording and Resolution Officer, or the Recording
and Resolution Officer, an appeal shall lie against the order of
the Assistant Recording and Resolution Officer to the
Recording and Resolution Officer, and fr om the order of the
Recording and Resolution Officer to the Commissioner, and
the order on such appeal shall be final;
(d) an order against which an appeal or revision has been
preferred shall not be reviewed; and
(e) an appeal shall not lie from an orde r refusing or granting
permission to review or confirming on review a previous
order.
(2) Save in the cases of clerical or arithmetical mistakes arising from
any accidental slip or omission, no application for review shall lie under this
section against an order passed by the Financial Commissioner under section
14.
14. Revision by Financial Commissioner. - The Financial
Commissioner may, on an application of an aggrieved party, within sixty days
of an order being passed, or on his own motion, call for and e xamine the
records relating to any order passed or proceedings taken under this Act for
the purpose of satisfying himself as to the legality or propriety of such order
of proceedings and after hearing the affected parties, may pass such order in
relation thereto as he may deem fit and modify, reverse or confirm any order
passed under this Act.
CHAPTER-VI
TRANSFER OF RECORD
15. Transfer of record to the District Collector. - After preparation
and finalization of the standing record of rights of the abadi deh area, it shall
be attested by the Assistant Recording and Resolution Officer and transferred
to the District Collector for maintaining and revising it under the Revenue
Act.
10 THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021
16. Application of Chapter IV of Revenue Act. - The provisions of
Chapter IV of the Revenue Act after transfer of the record under section 15
shall apply mutatis mutandis to such record.
17. Application of Chapter VIII of Revenue Act.- The provisions of
Chapter VIII of the Revenue Act, rules framed thereunder and instructions
issued f rom time shall apply mutatis mutandis for demarcation of a survey
unit or part thereof after transfer of the record under section 15 of this Act.
CHAPTER-VII
PARTITION
18. Partition of survey units. - A partition of survey units comprised
in abadi deh may be allowed by a Revenue Officer after the standing record of
rights has been transferred, and only if the partition has been affirmed by all
interested parties with a map showing the proposed partition signed by all
persons having proprietary rights:
Provided that the Revenue Officer after examining such of the co -
proprietors of the survey unit and other persons may, if he is of the opinion
that the survey unit is impartible or the partition is impractical and there is
good and sufficient cause why partition should be disallowed, refuse to
partition the survey unit by recording the grounds of his refusal.
19. Disputes as to partition. - An application for the partition of a
survey unit, in the event of a dispute, shall not lie before the Revenue Officer;
and the party aggrieved may approach the civil court for partition.
CHAPTER-VIII
MISCELLANEOUS
20. Summons.- (1) A summon issued by an officer appointed under
this Act shall be served personally, on the person to whom it is addressed, or
failing him,-
(a) his recognized agent; or
(b) an adult member of his family usually residing with him.
(2) A summon may also be served by pasting a copy thereof at the
usual or last known place of residence of the person to whom it is addressed.
(3) A summon may, if an offic er appointed under this Act so directs,
be served on the person named therein, either in addition to, or in substitution
for, any other mode of service, by forwarding the summons by post in a letter
addressed to the person and registered under Chapter VI of the Indian Post
Office Act, 1898, (6 of 1898) or sent through a reputed courier agency
notified by the Government in this regard.
(4) When a summon is so forwarded in a letter, and it is proved that
the letter was properly addressed and duly posted and registered, the officer
appointed under this Act may presume that the summons was served at the
time when receipt of its delivery is furnished:
THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021 11
Provided that if the summons relates to a case in which persons
having the same interest are so numerous that pe rsonal service on all of them
is not reasonably practicable, it may, in the first instance and if the officer
appointed under this Act so directs, be served by delivery of a copy thereof to
such of those persons as the officer appointed under this Act nominates in this
behalf, and by publications of the contents thereof in a daily newspaper
having wide circulation, for the information of the other persons interested.
(5) The summons may also be served through Short Message Service,
email, or through other e lectronic modes at the phone number or email
address otherwise known or made known, to the officer appointed under this
Act:
Provided that if service is affected through any of the above modes, a
printout of the delivery of summons shall be placed on the record.
(6) A notice, order of proclamation or copy of any such document,
issued by an officer under this Act for service on any person shall be served in
the manner provided in this section for the service of a summons.
(7) Any of the modes of service prov ided in sub-sections (2), (3), (5)
or (6) may be adopted simultaneously in addition to the mode of service
provided in sub-section (1).
21. Presumption in favour of entries in the standing record of
rights.- Any entry made in a standing record of rights in accordance with the
provisions of this Act shall be presumed to be true until the contrary is proved
or a new entry is lawfully substituted therefore.
22. Suit for declaratory decree by persons aggrieved by an entry
in a record. - If any person considers h imself aggrieved as to any right of
which he is in possession by an entry in a standing record of rights, he may
institute a suit for a declaration of his right under Chapter VI of the Specific
Relief Act, 1963 (47 of 1963).
23. Correction of clerical erro rs.- The clerical or arithmetical
mistakes in any order passed by any officer under this Act may, at any time be
corrected by the authority concerned either of its own motion or on the
application of any of the parties and an intimation of such correction shall be
made to the parties free of any charges and also to the concerned officer for its
implementation.
24. Protection of action taken in good faith.- No suit, prosecution or
other legal proceedings shall lie against any officer under this Act or any
official acting under the directions of such officer, for anything which is in
good faith done or intended to be done under the provisions of this Act or any
rule made thereunder.
25. Power to remove difficulties. - (1) If any difficulty arises in
giving effe ct to the provisions of this Act, the Government may, by order
published in the Rajpatra (e -Gazette), Himachal Pradesh, make such
provision, not inconsistent with the provisions of this Act, as appear
12 THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021
to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period
of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be, after
it is made, be laid before the State Legislature.
26. Exclusion of jurisdiction of civil courts .- Except as otherwise
provided in this Act, no civil court shall entertain any suit instituted or
application made to obtain a decision or order in respect, of any matter which
the Government or any officer i s by this Act empowered to determine or
dispose of.
27. Powers of officers to enter upon land, dwelling and habitation
areas, survey units for the purposes of survey and demarcation. - The
officers under this Act and any person acting under their orders may, in the
discharge of any duty under this Act, enter upon and survey land in the
manner prescribed, put and erect survey marks thereon and demarcate the
boundaries thereof and do all other such acts necessary for the proper
performance of that duty.
28. Penalty for destruction, dismantling or removal of survey
marks and demarcation.- (1) If any person willfully destroy, dismantles or
without lawful authority removes a survey or demarcation mark lawfully
erected or put, he may be ordered by the Recording and Resolution Officer to
pay such fine not exceeding Rupees two thousand for each mark so destroyed,
dismantled or removed, and in the case of repetition of such an act, a fine not
exceeding Rupees five thousand for each survey mark, as may, in the opinio n
of that officer, be necessary to defray the expenses of restoring the same and
rewarding the person, if any, who gave information of the destruction,
dismantling or removal.
(2) The amount of fine levied under sub -section (1), if not paid in the
manner prescribed, shall be recoverable as arrears of land revenue under the
Revenue Act.
(3) The imposition of a fine under this section shall not bar a
prosecution under section 434 of the Indian Penal Code, 1860 (45 of 1860) or
prosecution of the offender under any other law for the time being in force.
29. Power to make rules.- (1) The Government may, by notification,
in the Rajpatra (e-Gazette), Himachal Pradesh, make rules for carrying out the
purposes of this Act.
(2) Every rule made under this Act, 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 ten 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 so laid or the session immediately following, 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 cas e may be, so however, that any such modification or
THE HIMACHAL PRADESH ABADI DEH (RECORD OF RIGHTS) ACT, 2021 13
amendment shall be without prejudice to the validity of anything previously
done under that rule.
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