LexThe Himachal Pradesh Land Revenue Act, 1954
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
ARRANGEMENT OF SECTIONS
Sections:0
CHAPTER I. -Preliminary
1. Title, extent and commencement.
2. Repeal.
3. Savings.
4. Definitions.
5. Exclusion of certain land from operation of Act.
6. Power to vary limits and alter number of tehsils, sub-tehsils,
districts, and divisions.
CHAPTER II. - Revenue Officers
Class and Power
7. Classes of Revenue Officers.
8. Financial Commissioner.
9. Appointment of Commissioner etc..
10. Appointment of Tehsildars and Naib-Tehsildars.
11. Powers of Revenue Officers.
Administrative Control
12. Superintendence and control of Revenue Officers.
13. Powers to distribute business and withdraw and transfer cases.
Appeal, Review and Revision
14. Appeals.
15. Limitation for Appeals.
16. Review by Revenue Officers.
17. Power to call for examination and revise proceeding of Revenue
Officers.
Procedure
18. Power to make rules as to procedure.
19. Persons by whom appearances and applications may be made
before and to Revenue Officers.
20 Power of Revenue Officer to summon persons.
2 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
21. Mode of service of summons.
22. Mode of service of notice, order or proclamation, or copy
thereof.
23. Mode of making proclamation.
23-A Revenue Courts and suits decided by them.
23-B Procedure of Revenue Courts.
Supplemental Provisions
24. Place of sitting.
25. Holidays.
26. Discharge of duties of Collector dying or being disabled.
27. Retention of powers by Revenue Officers on transfer.
28. Conferment of powers to Revenue Officer.
CHAPTER III. - Kanungos and Village Officers
29. Rules respecting Kanungos and Village Officers.
30. Village Officer’s Cess.
31. Restriction on attachment or assignment of remuneration of
Kanungos and Village Officers.
CHAPTER IV. -Records
Records-of-rights and Annual Records
32. Record-of-rights and documents included therein.
33. Making of special revision of record-of-rights.
33-A Units of measure to be based on metric system.
34. Periodical records.
34-A Sub-division of an estate etc.
Procedure for making records.
35. Making of that part of the periodical record which relates to
land owners, assignees of revenue and occupancy tenants.
36. Making of that part of the annual record which relates to other
persons.
37. Determination of disputes.
38. Restrictions on variations of entries in records.
38-A Correction of clerical errors.
39. Mutation fees.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 3
40. Penalty for neglect to report acquisition of any right referred to
in section 35.
41. Obligation to furnish information necessary for the preparation
of records.
Rights of Government and presumptions with respect
thereto and to other matters
42. Right of the Government in mines and minerals.
43. Presumption as to ownership of forests, quarries and waste
lands.
44. Compensation for infringement of rights of third parties in
exercise of right of the Government.
45. Presumption in favour of entries in records-of-rights and annual
records.
46. Suit for declaratory decree by persons aggrieved by an entry in
a record
Supplemental Provisions
47. Powers to make rules respecting records and other matters
connected therewith.
47-A Power of the Collector to issue instructions.
48. Record-of-rights and annual records for groups of estates.
CHAPTER-V. -Assessment
49. Assessment of land revenue.
50. Basis of assessment.
51. Limits of assessment.
General Assessment
52. Notification of intended reassessment and instructions as to
principles of assessment.
53. Mode of determining assessment.
54. Announcement of assessment.
55. Application for reconsideration of assessment.
56. Confirmation and duration of assessment.
57. Duration of assessment.
58. Assessment to remain till new assessment takes effect.
59. Refusal to be liable for assessment of an estate and
consequences thereof.
4 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
60. Distribution of the assessment of an estate over the holdings
comprised therein.
61. Application for amendment of the distribution of an assessment.
62. Appeals from orders under section 55 and 61.
Special Assessment
63. Special assessment.
64. Power to make rules.
65. Procedure to be followed in making rules.
66. Rules and executive instructions issued before commencement
of this Act, to be followed for the purpose of assessment
operations begun before issue of rules made under the
provisions of section 65.
67. Power to issue instructions.
CHAPTER VI. -Collection of Land Revenue
68. Security for payment of land revenue.
69. Further security for payment of land revenue.
70. Orders to regulate payment of land revenue.
71. Rules to regulate collection, remission and suspension of land
revenue.
72. Costs recoverable as part of arrear.
73. Certified account to be evidence as to arrear.
74. Process for recovery of arrears.
75. Writ of demand.
76. Distress and sale of movable property and crops.
77. Transfer of holding.
78. Attachment of estate or holding.
79. Annulment of assessment of estate or holding.
80 Proclamation of attachment or annulment of assessment and
consequence of the proclamation.
81. Sale of estate or holding.
82. Effects of sale on encumbrances.
83. Proceedings against other immovable property of the defaulter.
84. Remedies open to person denying his liability for an arrear.
Procedure in sales
85. Proclamation of sale.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 5
86. Indemnity to Revenue Officer with respect to contents of
proclamation.
87. Publication of proclamation.
88. Time and conduct of sale.
89. Power to postpone sale.
90. Stay of sale.
91. Payment of deposit by highest bidder.
92. Consequences of failure to pay deposit.
93. Time for payment in full.
94. Procedure in default of payment.
95. Report of sale to Commissioner or Financial Commissioner.
96. Application to set aside sale.
97. Order confirming or setting aside sale.
98. Refund of purchase money on setting aside of sale.
99. Proclamation after postponement or on resale.
100. On confirmation of sale, possession and certificate to be granted
to purchaser.
101. Proceeds of sale.
CHAPTER VII. -Recovery of other demands by Revenue
Officers
102. Recovery of certain arrears through Revenue Officer instead of
by suit.
103. Other sums recoverable as arrears of land revenue.
104. Recovery of arrears due from co-sharers paid by Numbardar.
105. Application of Chapter VI to sums recoverable under this
Chapter.
CHAPTER VIII. -Surveys and Boundaries
106. Power of Financial Commissioner to make rules for
demarcation of boundaries and erection of survey marks.
107. Power of Revenue Officers to define boundaries.
108. Power to fix a boundary between riverain estates.
109. Effect of fixing a boundary between riverain estates.
110. Application for immediate transfer of rights reserved under the
proviso to sub-section (1) of section 109 upon payment of
compensation and procedure thereupon. Award of
compensation and extinguishment of rights thereby.
6 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
111. Order under the proviso to sub-section (1) of section 109 to
cease to apply to rights voluntarily transferred to a landowner of
the estate to which the land is transferred by fixing boundary.
112. Rights transferred to be liable to all the incidents of tenure of
the estate to which the transfer is made.
113. Meaning of the expression “Collector” in sections 108 to 110.
114. Cost of erection and repair of survey-mark.
115. XXXXXXXXXXXXXX.
116. Power of Revenue Officers to enter on land for purpose of
survey and demarcation.
117. Surveys for the purpose of preparation of records.
118. Provision of flag-holders and chain-men for those surveys.
119. Professional surveys.
120. Penalty for destruction, injury or removal of survey marks.
121. Report of destruction or removal of or injury to survey-marks.
CHAPTER IX. - Partition
122. Effect of partitions of estates and tenancies on joint liability for
revenue and rent.
123. Application for partition.
124. Restrictions and limitations on partition.
125. Notice of application for partition.
126. Addition of parties to application.
127. Absolute disallowance of partition.
128. Procedure on admission of application.
129. Disposal of questions as to title in property to be divided.
130. Disposal of other questions.
131. Administration of property excluded from partition.
132. Distribution of revenue and rent after partition.
133. Instrument of partition.
134. Delivery of possession of property allotted on partition.
135. Affirmation of partition privately affected.
136. Estimates and levy of costs.
137. Redistribution of land according to customs.
138. Officers who may be empowered to Act under this Chapter.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 7
CHAPTER-X. -Arbitration
139. Power to refer to arbitration.
140. Order of reference and contents thereof.
141. Nomination of arbitrators.
142. Substitution of arbitrators by parties.
143. Nomination and substitution of arbitrators by Revenue Officers.
144. Process for appearance before arbitrators.
145. Award of arbitrators and presentation thereof.
146. Procedure on presentation of award.
147. Effect of award.
CHAPTER XI. -Special jurisdiction with respect to land
148. Power to invest officers’ making records-of-rights or general
reassessment with powers of Civil Courts.
149. Control over such officers and appeals from and revision of
their decree and orders.
CHAPTER XII. - Supplemental Provisions. Revenue
deposits
150. Power to deposit certain sums other than rent.
151. Procedure in case of deposit on account of a payment due to
Government.
152. Procedure in case of other deposits.
Execution of order of Civil and Criminal Courts by
Revenue Officers
153 Orders of Civil and Criminal courts for execution of processes
against land or the produce thereof to be addressed to Revenue
Officers.
154. Attachment of assigned land-revenue.
Preservation of attached Produce
155. Preservation of attached produce.
Division of produce
156. XXXXXXX.]
Miscellaneous
157. Village cesses.
158. XXXXXXXX
159. XXXXXXXX
8 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
160. Recovery of cost of assessing assigned land revenue.
161. Power to cancel the remission or assignment of land revenue.
162. Penalty for failure to attend within limits of estate in obedience
to order of Revenue Officers.
163. Prevention of encroachment on common lands.
163-A. Regularisation of encroachment in certain cases.
164. Papers kept by village officers to be deemed public documents.
165. Costs.
166 Computation of periods limited for appeals and application for
review.
167. Restriction on Revenue Officer’s bidding at auction or trading.
168. Power to make rules.
169. Rules to be made after previous publication.
170. Powers exercisable by the Financial Commissioner from time to
time.
Exclusion of Jurisdiction of Civil Courts.
171. Exclusion of jurisdiction of Civil Courts in matters within the
jurisdiction of Revenue Officers.
THE SCHEDULE.
____________
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
(ACT NO. 6 OF 1954)
(Received the assent of the President on the 9th April, 1954, and was
published in Hindi in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
the 6th August, 1954, pp. 29-87 and in English in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated the 3rd June, 1955, pp. 121-180.
An Act to amend and declare the Land Revenue Law of the Himachal
Pradesh.
Amended, repealed or otherwise affected by,-
(i) H.P. Act No. 11 of 19551, assented to by the President on
26th October, 1955, published in Hindi in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated 9th December,
1955, pp. 321-323 and in English in the Rajpatra, Himachal
Pradesh dated 24th March, 1956, pp. 185-186.
1. Passesd in Hindi the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dated 2nd September, 1955, p.
275.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 9
(ii) H.P. Act No. 12 of 19561, assented to by the President on
28th June, 1956, published in Hindi in the Rajpatra,
Himachal Pradesh dated the 11th August, 1956, pp. 467-468
and in English in the Rajpatra, Himachal Pradesh dated 8th
December, 1956, pp. 687-689.
(iii) H.P. Act No. 5 of 19652, assented to by the President on
21st October, 1965, published in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated the 22nd November, 1965,
pp 395-396.
(iv) H.P. Act No. 19 of 19713, assented to by the Governor on
5th November, 1971, published in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated the 19th November, 1971,
pp. 1428-1430.
(v) The Himachal Pradesh Adaptation of Laws (State and
Concurrent Subjects) Order, 1973, published in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 20th
January, 1973, pp. 91-112. Effective from 25th January,
1971.
(vi) H.P. Act No. 21 of 19764, assented to by the Governor on
30th April, 1976, published in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated the 18th May, 1976, pp.
1221-1228.
(vii) H.P. Act No.15 of 19895, assented to by the Governor on
the 23rd June, 1989, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 27th
June, 1989, pp. 1499-1504.
(viii) H.P. Act No. 3 of 19966, assented to by the Governor on the
7th March, 1996, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 12th
March, 1996 pp. 999-1008, effective with immediate effect
1. Passesd in Hindi the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the the Rajpatra, Himachal Pradesh, dated 29th March, 1956, p.
70-71.
2. For Statement of Objects and Reasons see the the Rajpatra, Himachal Pradesh,
dated 6th September, 1965, p. 355.
3. For Statement of Objects and Reasons see the the Rajpatra, Himachal Pradesh,
dated 14th September, 1971, p. 1193.
4. For Statement of Objects and Reasons see the the Rajpatra, Himachal Pradesh,
dated 8th March, 1976, p.850.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 3rd June,
1989, pp. 1277 and 1280.
6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 15th
January, 1996, pp. 241 and 246.
10 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
except sections 2(b), 5, 6 and 10 which shall be deemed to
have come into force on 23rd September, 1976.
(ix) H.P. Act No. 15 of 20001, assented to by the Governor on
the 27th May, 2000, published in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 29th
May, 2000, pp. 1429-1447.
(x) H.P. Act No. 3 of 20012, assented to by the Governor on the
9th February, 2001, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 17th
February, 2001, pp. 5529-5534.
(xi) H.P. Act No. 1 of 20043, assented to by the Governor on the
8th January, 2004, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 9th
January, 2004, pp. 2891-2904.
(xii) H.P. Act No. 25 of 20094 assented to by the Governor on
the 25th September, 2009, published both in Hindi and
English in the Rajpatra, Himachal Pradesh, dated 5th
October, 2009, pp. 4297-4299.
(xiii) H.P. Act No. 41 of 20115 assented to by the Governor on
the 24th September, 2011, published both in Hindi and
English in the Rajpatra, Himachal Pradesh on 29th
September, 2011, pp. 3346-3348.
(xiv) H.P. Act No. 47 of 20136 assented to by the Governor on
the 20th September, 2013, published both in Hindi and
English in the Rajpatra, Himachal Pradesh, dated 26th
September, 2013, pp. 3862-3864.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 11th
April, 2000, pp. 826-827 and 837-838.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 22nd
December, 2000, pp. 4769 and 4773.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 19th
December, 2003, pp. 2739-2740 and 2747.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh dated 26th August, 2009, pp. 2951
and 2954-2555.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh dated 26th August, 2011, pp.
2504- 2506.
6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh dated 24th August, 2013, pp.
2924 and 2926.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 11
It is hereby enacted as follows:-
CHAPTER I. -Preliminary
1. Title, extent and commencement.- (1) This Act may be called the
Himachal Pradesh Land Revenue Act, 1[1954].
(2) It extends to 2[the areas comprised in Himachal Pradesh
immediately before 1st November, 1966.]
(3) It shall come into force on such day3 as the State Government
may, by notification, appointed in this behalf.
2. Repeal.- (1) The enactments mentioned in the Schedule are
repealed to the extent specified in the third column thereof.
(2) Notwithstanding anything contained in the Himachal Pradesh
(Application of Laws) Order, 1948, Acts, Regulations, rules and Robkars
hitherto in force in Himachal Pradesh with respect to the making and the
maintenance of record of rights of land, the assessment and collection of land
revenue and cesses thereon and other matters relating to land and liabilities
incidental thereto are repealed only to the extent to which they are
inconsistent with the provisions of this Act.
(3) Any enactment or document referring to any enactment hereby
repealed shall be construed as referring to this Act.
3. Savings.- All rules, appointments, assessments, partitions and
transfers made, notifications, proclamations, and orders issued, authorities and
powers conferred, record of rights and other records framed, rights acquired
and liabilities incurred, times and places appointed and other things done
under the Acts, Regulations, Rules and Robkars hereby repealed shall be
deemed to have been respectively made, issued, conferred, framed, acquired,
incurred, appointed and done under this Act.
4. Definitions.- In this Act, unless there is something repugnant in the
subject or context--
(1) “agricultural year” means the year commencing on the
sixteenth day of June, or on such other date as the State
Government may, by notification, appoint for any local area;
(2) “assessment circle” means a group of estates which in the
opinion of the Financial Commissioner, to be recorded in an
order in writing are sufficiently homogeneous to admit of a
common set of rates being used as a general guide in
calculating the land revenue to be assessed upon them;
1. Substituted for the figure ‘1953’ vide H. P. Act No. 12 of 1956.
2. Substituted for the words “the whole of Himachal Pradesh” vide A.O., 1973.
3. The Act came into force from. 1st March, 1955 vide Notification No. R.1-1/53,
dated 17th February, 1955, published in the Rajpatra, Himachal Pradesh dated 26th
February, 1956, pp. 69.
12 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
(3) “arrear of land revenue” means land revenue which remains
un-paid after the date on which it becomes payable;
1[(4) “defaulter” means a person liable for an arrear of land
revenue or any tax in lieu thereof and also includes-
(i) a person who is responsible as surety for the payment of
the arrear; and
(ii) a Numbardar or any other person who has collected the
land revenue or any tax in lieu thereof but has not
deposited the same into the Government treasury;]
(5) “estate” means:-
(a) for which a separate record-of-rights has been made, or
(b) which has been separately assessed to land revenue, 2[XX] or
(c) which the State Government 3[or the Collector making or
specially revising the record-of rights under section 33] may,
by general rule or special order, declare to be an estate;
(6) “gazette” means the official gazette for Himachal Pradesh;
(7) “holding” means a share or portion of an estate held by one
landowner or jointly by two or more land owners;
(8) “incumbrance” means a charge upon or claim against land
arising out of private grant or a contract;
(9) “land-owner” does not include a tenant or an assignee of
land revenue, but does include a person to whom a holding
has been transferred, or an estate or holding has been let in
farm, under this Act for the recovery of an arrear of land
revenue or of a sum recoverable as such an arrear, and every
other person not hereinbefore in this clause mentioned who
is in possession of an estate or any share or portion thereof,
or in the enjoyment of any part of the profits of an estate;
(10) “land-revenue” includes assigned land revenue and any sum
payable in respect of land, by way of quit-rent or
commutation for service, to the State or to a person to whom
the State has assigned the right to receive the payment;
(11) “legal practitioner” means any legal practitioner within the
meaning of the Legal Practitioners Act, 1879 (18 of 1879),
4[and the Advocates Act, 1961];
1. Clause (4) substituted vide H.P. Act No. 3 of 1996.
2. The words and signs “or would have been so assessed if the land revenue has not
been released, compounded for or redeemed” deleted vide Act No. 15 of 2000.
3. Added vide H.P. Act No. 3 of 1996, effective from 23rd September, 1976.
4. Added vide H.P. Act No. 21 of 1976.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 13
1[(12) “net assets” of an estate or group of estates means the
estimated average annual surplus produce of such estate or
group of estates remaining after deduction of the ordinary
expenses of cultivation as ascertained or estimated;
Explanation.- Ordinary expenses of cultivation include payments, if
any, which the land-owner customarily bears whether in kind or in cash either
in whole or in part in respect of,-
(i) water rates;
(ii) maintenance of means of irrigation;
(iii) maintenance of embankments;
(iv) Supply of seed;
(v) supply of manure;
(vi) improved implements of husbandry;
(vii) concessions with regard to fodder;
(viii) special abatements made for fallows or bad harvests;
(ix) cost of collection of rent;
(x) allowance for shortage in collection of rent;
(xi) interest charges payable in respect of advances made in
cash, free of interest, to tenants for the purpose of
cultivation; and
(xii) wages or customary dues paid to artisans or menials
whose products or labour are utilised for the purposes of
cultivation and harvesting, and the share that would be
retainable by a tenant if the land were let to a non-
occupancy tenant payment rent, whether in cash or in
kind, at the normal rate actually prevalent in the estate or
group of estates.]
2[(12-A) “net letting value” of a site put to non-agricultural use means
the estimated annual rent of the site remaining after deduction
of -
(i) fair remuneration for the capital invested on building or
machinery or both after deducting the depreciation on
their value;
(ii) house-tax, property-tax; and
(iii) maintenance charges, not exceeding one month’s gross
rent, as ascertained or estimated in the manner prescribed.
1. Clause (12) deleted vide H.P. Act No. 15 of 2000 again inserted vide H.P. Act No.
1 of 2004.
2. Section 12-A inserted vide H.P. Act No. 21 of 1976.
14 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
Explanation:-Where no reliable data regarding the
cost of buildings and machinery on a site is forthcoming or is
otherwise not available, valuation and depreciation shall be
based on the standards of the Public Works Department of
Himachal Pradesh];
(13) “notification” means a notification published by authority of the
State Government in the official gazette;
(14) “pay” with its grammatical variations and cognate expressions,
includes when used with reference to rent, “deliver” and
“render” with their grammatical variation and cognate
expressions;
1[(14-A) “prescribed” means prescribed by rules made under this Act;]
(15) “rates and cesses” means rates and cesses which are primarily
payable by land-owners, and includes:-
(a) The local rate, if any, payable under the law in force in
the State and any fee payable to local bodies including the
Panchayats formed under 2[the Himachal Pradesh
Panchayati Raj Act, 1968 (19 of 1970)] for the use of, or
all benefits derived from the following works:-
(i) the construction and repair of embankments and the
supply storage and control of water for agricultural
purposes;
(ii) the preservation and reclamation of soil and the
drainage and reclamation of swamps;
(b) Village officers cesses; and
(c) Sums payable on account of village expenses;
(16) “rent”, “tenant”, “landlord” and “tenancy” have the meanings,
respectively, assigned to those words in the 3[Himachal
Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974)];
4[(17) “Revenue Officer” in any provision of this Act, means a
Revenue Officer having authority under this Act to discharge
the functions of a Revenue Officer under that provision;]
1. Clause 14-A inserted vide H.P. Act No. 15 of 2000.
2. Substituted for the words “The Himachal Pradesh Panchayati Raj Act,” vide H.P.
Act No. 21 of 1976.
3. Substituted vide H.P. Act No. 8 of 1974 for the words and figures “ the Himachal
Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953” as
substituted for the words Punjab Tenancy Act as applied by H.P. Act No. 1953.
4. Clause 17 substituted vide H.P. Act No. 15 of 2000 again substituted vide H.P. Act
No. 1 of 2004.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 15
1[(18) “sub-estate” means a sub-division of an estate by whatever
name called like a taraf, patti, up-mohal, pana, thok, thula and
shall form the part of that estate;]
(19) “survey-mark” includes boundary-mark;
(20) “village-cess” includes any cess, contribution or due which is
customarily leviable within an estate and is neither a payment
for the use of private property or for personal service nor
imposed by or under any enactment for the time being in
force;
(21) “village-officer” means a Numberdar, Patwari and any other
officer so appointed by the State Government.
5. Exclusion of certain land from operation of Act.- (1) Except so
far as may be necessary 2[for the record, recovery, administration of village-
cesses and for taking action against the encroachers under section 163],
nothing in this Act applies to land which is occupied as the site of a
3[XXXXXX] village and is not assessed to land revenue.
4[(2) A Revenue Officer may define, for the purposes of this Act, the
limits of the site of a village.
Explanation 1.- For the purpose of this section a site within the limits
of a Municipal Corporation, or a notified area shall not be deemed to be the
site of a village.]
6. Power to vary limits and alter number of tehsils, 5[sub-tehsils,]
districts and divisions.- The State Government may, by notification vary the
limits and alter the number of tehsils, 6[sub-tehsils,] districts and divisions into
into which the State is divided.
CHAPTER II. -Revenue Officers
Class and Powers
7. Classes of Revenue Officers.- 7[(1) There shall be the following
classes of Revenue Officers, namely-
1.. Clause (18) definition of “State Government” was omitted vide A.O. 1973 and
again new clause (18) added vide H.P. Act No. 3 of 1996.
2. Substituted for the words “for the record, recovery and administration of village
cesses” vide H.P. Act No. 19 of 1971.
3. The words “town or” omitted vide H.P. Act No. 5 of 1965.
4. The explanation after sub-section (2) was inserted vide H.P. Act No. 5 of 1965,
and the existing explanation was numbered as Explanation 1 and new Explanation
2 was inserted vide H.P. Act No. 19 of 1974 again Sub-section (2) and explanation
at the end of that sub-section was substituted vide H.P. Act No. 21 of 1976.
5. Inserted vide H.P. Act No. 21 of 1976.
6. Inserted vide H.P. Act No. 21 of 1976.
7. Sub-section (1) substituted vide H.P. Act No. 12 of 1956, amended vide H.P. Act
vide H.P. Act No. 21 of 1976, H.P. Act No. 3 of 2001 and again substituted vide
H.P. Act No. 1 of 2004.
16 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
(a) the Financial Commissioner;
(b) the Commissioner;
(c) the Collector;
(d) the Assistant Collector of first grade; and
(e) the Assistant Collector of second grade.]
(2) The Deputy Commissioner of a district shall be the Collector
thereof.
(3) The State Government may appoint any Assistant Commissioner,
1[XXXXXXX] or Tehsildar to be an Assistant Collector of the first or of the
second grade, as it thinks fit, and any Naib-tehsildar to be an Assistant
Collector of the second grade.
(4) Appointment under sub-section (3) shall be by notification and
may be of a person specially by name or by virtue of his office or of more
persons than one by any description sufficient for their identification.
(5) Subject to the provisions of this Act, the jurisdiction of the
Financial Commissioner extends to the whole of the Himachal Pradesh and of
the Commissioners and of the Collectors and Assistant Collectors to the
divisions and districts respectively, in which they are for the time being
employed.
8. Financial Commissioner.- (1) There shall be one or more
Financial Commissioners, who shall be appointed by the State Government.
(2) Where more Financial Commissioners than one have been
appointed, the State Government may make rules as to the distribution among
them of business under this or any other Act, and by those rules require any
case or class or classes of cases to be considered and disposed of by the
Financial Commissioners collectively.
(3) When there is a difference of opinion among the Financial
Commissioners as to any decree or order to be made in a case which they are
required by rules under the last foregoing sub-section to consider, and dispose
of collectively, the following rules shall apply namely:-
(a) where the case is an appeal or a case on review or revision, it
shall be decided in accordance with the opinion of the
majority of the Financial Commissioners, or, if there is no
such majority which concurs in a decision modifying or
reversing the decree or order under appeal, review or revision,
that decree or order shall be affirmed; and
(b) where the case is not an appeal or a case on review or
revision, matter respecting which there is the difference of
opinion shall be referred to the State Government for
1. The words “Extra-Assistant Commissioner” deleted vide H.P. Act No. 1 of 2004.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 17
decision, and the decision of that Government with respect
thereto shall be final.
(4) The expression “Financial Commissioner” in this or any other Act
shall when there are more Financial Commissioners than one, be construed as
meaning one or more of the Financial Commissioners as the rules for the time
being in force under sub-section (2) may require.
1[9. Appointment of Commissioner etc..- Commissioners,
Additional Commissioner, Deputy Commissioner, Assistant Commissioner,
Settlement Officer, Additional Deputy Commissioner, Sub-Divisional
Officer(Civil), Assistant Settlement Officer and Assistant Commissioner shall
be appointed by the State Government.]
10. Appointment of Tehsildars and Naib-Tehsildars.- The State
Government shall fix the number of Tehsildars and Naib-Tehsildars to be
appointed.
11. Powers of Revenue Officers.- Except where the class of Revenue
Officers by whom any function is to be discharged is specified in this Act, the
State Government may, by notification determine the functions to be
discharged under this Act by any class of Revenue Officers.
Administrative Control
12. Superintendence and control of Revenue Officers.- (1) The
Financial Commissioner shall be subject to the control of the State
Government.
(2) The general superintendence and control over all other Revenue
Officers shall be vested in, and all such officers shall be subordinate to the
Financial Commissioner.
(3) Subject to the general superintendence and control of the Financial
Commissioner, a Commissioner shall control all other Revenue Officers in his
division.
(4) Subject as aforesaid and to the control of the Commissioner, a
Collector shall control all other Revenue Officers in his district.
13. Power to distribute business and withdraw and transfer
cases.- (1) The Financial Commissioner or a Commissioner or Collector may
by written order distribute, in such manner as he thinks fit, any business
cognizable by any Revenue Officer under his control.
(2) The Financial commissioner or a Commissioner or Collector may
withdraw any case pending before any Revenue Officer under his control, and
either dispose of it himself, or by written order refer it for disposal to any
other Revenue Officer under his control.
(3) An order under sub-section (1) or sub-section (2) shall not
empower any officer to exercise any powers or deal with any business which
1. Section 9 substituted vide H.P. Act No. 15 of 2000.
18 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
he would not be competent to exercise or deal with within the local limits of
his own jurisdiction.
Appeal, Review and Revision
14. Appeals.- Save as otherwise provided by this Act, an appeal shall
lie from original or appellate order of a Revenue Officer as follows, namely:-
(a) to the Collector when the order is made by an Assistant
Collector of either grade;
(b) to the Commissioner 1[XXXXXX] when the order is made by
the Commissioner;
(c) to the Financial Commissioner when the order is made by the
Commissioner:
Provided that -
(i) when an original order is confirmed on first appeal, a further
appeal shall not lie;
(ii) when any such order is modified or reversed on appeal by the
Collector, the order made by the Commissioner on further
appeal, if any, to him shall be final:
2[Provided further that any appeal relating to encroachment on
Government land including forest land shall be disposed of within a period of
three months from the date of filing thereof.]
15. Limitation for Appeals.- Save as otherwise provided by this Act,
the period of limitation for an appeal under the last foregoing section shall run
from the date of the order appealed against, and shall be as follows, that is to
say:-
(a) when the appeal lies to the Collector thirty days.
(b) when the appeal lies to the Commissioner sixty days.
(c) when the appeal lies to the Financial ninety days
Commissioner.
16. Review by Revenue Officers.- (1) 3[Where there is a mistake or
error apparent on the face of record or where some new and important fact or
evidence is discovered, a Revenue Officer] may, either of 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:
Provided as follows:-
1. The words “or the Financial Commissioner, if there is no Commissioner” inserted
vide H.P. Act No. 12 of 1956 and deleted vide H.P. Act No. 21 of 1976.
2. Second Proviso to section 14 inserted vide H.P. Act No. 25 of 2009.
3. Substituted for article and words “A Revenue Officer” vide H.P. Act No. 3 of
1996.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 19
(a) when a Commissioner or Collector thinks it necessary to
review any order which he has not himself passed, when a
Revenue Officer of class below that of Collector proposes to
review any order whether passed by himself or by any of his
predecessors in office, he shall first obtain the sanction of the
Revenue Officer to whose control he is immediately subject;
(b) an application for review of an order shall not be entertained
unless it is made within ninety days from the passing of the
order, or unless the applicant satisfies the Revenue Officer
that he had sufficient cause for not making the application
within that period;
(c) an order shall not be modified or reversed unless reasonable
notice has been given to the parties affected thereby to appear
and be heard in support of the order;
(d) an order against which an appeal has been preferred shall not
be reviewed.
(2) For the purposes of this section, the Collector shall be deemed to
be the successor in office of any Revenue Officer of a lower class who has left
the district or has ceased to exercise powers as a Revenue Officer, and to
whom there is no successor in office.
(3) An appeal shall not lie from an order refusing to review or
confirming on review a previous order.
1[(4) 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
17 of this Act.]
17. Power to call for, examine and revise proceedings of Revenue
Officers.- (1) The Financial Commissioner may at any time call for the record
of any case pending before 2[or disposed of by] any Revenue Officer
subordinate to him.
(2) A Commissioner or Collector may call for the record of any cause
pending before, or disposed of by, any Revenue Officer under his control.
3[(3) If in any case in which a Collector has called for a record, he is
of opinion that the proceedings taken or order made should be modified or
reversed, he shall report the case with his opinion thereon for the orders of the
Financial Commissioner..
1. Sub-section (4) inserted vide H.P. Act No. 3 of 1996.
2. Inserted vide H.P. Act No.11 of 1955.
3. Sub-sections (3) and (4) substituted vide H.P. Act No. 15 of 2000 again substituted
vide H.P. Act No. 1 of 2004.
20 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
(4) The Financial Commissioner or Commissioner may in any case
called for by himself under sub-section (1) or reported to him under sub-
section (3), pass such order as he thinks fit:
Provided that he shall not under this section pass an order reversing or
modifying any proceeding or order of a subordinate Revenue Officer and
effecting any question of right between private persons without giving those
persons an opportunity of being heard:]
Procedure
18. Power to make rules as to procedure.- (1) The State
Government may make rules consistent with this Act for regulating the
procedure of Revenue Officers under this Act
(2) The rules may provide, among other matters, for the mode of
enforcing orders of ejectment from and delivery of possession of immovable
property, and rules providing for those matters may confer on a Revenue
Officer all or any of the powers in regard to contempt, resistance and the like
which a Civil Court may exercise in the execution of a decree whereby it has
adjudged ejectment from, or delivery, or possession of, such property.
(3) Subject to the rules under this section, a Revenue Officer may
refer any case which he is empowered to dispose of under this Act to another
Revenue Officer for investigation and report, and may decide the case upon
the report.
19. Persons by whom appearances and applications may be made
before and to Revenue Officers.- (1) Appearances before a Revenue Officer,
and applications to and Acts to be done before him, under this Act may be
made or done-
(a) by the parties themselves, or
(b) by their recognised agents or a legal practitioner:
Provided that the employment of a recognised agent or legal
practitioner shall not excuse the personal attendance of a party to any
proceeding in any case in which personal attendance is specially required by
an order of the officer.
(2) For the purposes of sub-section (1), recognised agents shall be
such persons as the State Government may, by notification, declare in this
behalf.
(3) The fees of a legal practitioners shall not be allowed as costs in
any proceeding before a Revenue Officer under this Act unless that officer
considers for reasons to be recorded by him in writing, that the fees should be
allowed.
20. Power of Revenue Officer to summon persons.- (1) A Revenue
Officer may summon any person whose attendance he considers necessary for
the purpose of any business before him as a Revenue Officer.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 21
(2) A person so summoned shall be bound to appear at the time and
place mentioned in the summons in person or, if the summons so allows, by
his recognized agent or a legal practitioner.
(3) The person attending in obedience to the summons shall be bound
to state the truth upon any matter respecting which he is examined or makes
statements, and to produce such documents and other things relating to any
such matter as the Revenue Officer may require.
21. Mode of service of summons.- (1) A summons issued by a
Revenue Officer shall if practicable, be served (a) personally, on the person to
whom it is addressed or failing him (b) his recognised agent 1[XXXXXX].
(2) If service cannot be so made, or if acceptance of service so made
is refused, the summons may be served by posting a copy thereof at the usual
or last known place of residence of the person to whom it is addressed, or if
that person does not reside in the district in which the Revenue Officer is
employed and the case to which the summons relates has reference to land in
that district, then by posting a copy of the summons on some conspicuous
place in or near the estate wherein the land is situated.
(3) If the summons relates to a case in which persons having the same
interest are so numerous that personal service on all of them is not reasonably
practicable, it may, if the Revenue Officer so directs, be served by delivery of
a copy thereof to such of those persons as the Revenue Officer nominates in
this behalf and by proclamation of the contents thereof for the information of
the other persons interested.
(4) A summons may, if the Revenue Officer so directs, be served on
the persons 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 part III of the Indian Post Office
Act, 1898 (6 of 1898).
(5) When a summons is forwarded in a letter, and it is proved that the
letter was properly addressed and duly posted and registered, the Revenue
Officer may presume that the summons was served at the time when the letter
would be delivered in the ordinary course of post:
2[Provided that in addition to issuing of summons, a Revenue Officer
shall also issue proclamation calling upon the parties concerned to appear
before him either in person or through a duly authorised legal practitioner on
the day fixed for first hearing, and to file objections, if any.]
22. Mode of service of notice, order or proclamation, or copy
thereof.- A notice, order or proclamation or copy of any such document,
issued by a Revenue Officer for service on any person shall be served in the
manner provided in the last foregoing section for the service of a summons.
1. The words “or (c) an adult male member of his family usually resident with him,”
deleted vide H.P. Act No. 21 of 1976.
2. Proviso added vide H.P. Act No. 15 of 2000.
22 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
23. Mode of making proclamation.- When a proclamation relating
to any land is issued by a Revenue Officer it shall, in addition to any other
mode of publication which may be prescribed in any provision of this Act, be
maExcerpt shown. Open the full act in Lexace.