LexThe Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND
PREVENTION OF FRAGMENTATION) ACT, 1971
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
DETERMINATION OF STANDARD AREAS AND
TREATMENT OF FRAGMENTS
3. Determination of notified area.
4. Settlement of standard.
5. Determination and revision of standard areas.
6. Entry in the record-of-rights.
7. Transfer and lease of fragments.
8. Fragmentation prohibited.
9. Penalty for transfer or partition contrary to p rovisions of Act.
10. Valuation of fragment.
11. Transfer of fragment.
12. Partition of estate assessed to payment of reve nue to
Government or separation of share thereof.
13. State Government or local authority not to acqu ire land so as
to leave fragment.
CHAPTER-III
REVISION AND CORRECTION OF MAPS AND
RECORDS AND CONSOLIDATION OF HOLDINGS
14. Declaration regarding consolidation.
15. Effect of declaration.
16 Cancellation of declaration under section 14.
17. Revision and correction of records.
18. Publication of correct records.
19. Declaration regarding revision of records.
20. Preparation of statement of plots and tenure ho lders.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1971
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21. Objection on the statement.
22. Consolidation Scheme.
23. Scheme to provide for compensation.
24. Occupancy tenancies.
25. Power to make provision in the scheme to partit ion joint lands
and joint occupancy tenancies.
26. Amalgamation of public roads etc., within the s cheme for
consolidation of holdings.
27. Land reserved for common purposes.
28. Publication of draft scheme.
29. Confirmation of scheme.
30. Repartition.
31. Preparation of record-of-rights.
32. Right to possession of new holdings.
33. Management and control of lands for common purp oses to vest
in Panchayats or State Government.
34. Coming into force of such scheme.
35. Rights after consolidation.
36. Encumbrances of landowners and tenants.
37. Effect of consolidation of holdings on evacuee property.
38. Transfer of rights of land owners in holdings a nd of tenants in
tenancies.
39. Decrees for possession of land to be executed a gainst land
allotted on repartition.
40. Costs.
41. Recovery of compensation or costs or other sums payable
under this Act.
42. Transfer of property during consolidation proce edings.
43. Suspension of partition proceedings during curr ency of
consolidation proceedings.
44. No instrument necessary to effect transfer.
45. Apportionment of compensation or net value in c ase of
dispute.
46. Power to vary or revoke scheme.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF 3
FRAGMENTATION) ACT, 1971
CHAPTER-IV
OTHER POWERS OF CONSOLIDATION OFFICERS
47 Powers of officers to enter upon land for purpos es of survey
and demarcation.
48. Penalty for destruction, injury or removal of s urvey marks.
49. Report of destruction, removal or injury of sur vey marks.
50. Powers to enforce attendance of witnesses in ce rtain matters
and application of Code of Civil Procedure.
CHAPTER-V
MISCELLANEOUS
51. Officers and authorities.
52. Delegation of powers.
53. Arbitrator.
54. Power of the State Government to call for proce edings.
55. Appeal and Revision.
56. Correction of clerical errors.
57. Jurisdiction of civil court barred as regards m atters arising
under this Act.
58. Public servants indemnified for acts done under this Act.
59 Rule making power.
60. Repeal and savings.
___________
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND
PREVENTION OF FRAGMENTATION) ACT, 1971
(ACT NO. 20 OF 1971)
1
(Received the assent of the Governor on the 5 th November, 1971, and
was published in the Rajpatra, Himachal Pradesh, (E xtra-ordinary), dated the
19 th November, 1971, pp. 1430-1446)
An Act to provide for the consolidation of agricult ural holdings and for
preventing the fragmentation of agricultural holdings in the State
of Himachal Pradesh and for the assignment or reser vation of
land for common purposes of the village.
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh,
(Extra-ordinary), dated the 14 th September, 1971, p. 1185.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1971
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Amended, repealed or otherwise affected by,-
H.P. Act No. 8 of 1974, assented to by the Presid ent on 2nd
February, 1974, published in the Rajpatra, Himachal Pradesh, (Extra-
ordinary), dated 21 st February, 1974, pp. 171-210.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-second Year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement .- (1) This Act may be
called the Himachal Pradesh Holdings (Consolidation and Prevention of
Fragmentation) Act, 1971.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) This section shall come into force at once and the remaining
provisions of the Act shall come into force in such areas and from such date as
the State Government may by notification 1 in the Official Gazette, appoint in
this behalf and different dates may be appointed fo r the coming into force of
different provisions of the Act for different parts of the State.
2. Definitions .- In this Act, unless there is anything repugnant in the
subject or context,-
(1) ‘Assistant Consolidation Officer’ means an offi cer appointed by
the State Government to perform the duties of the A ssistant
Consolidation Officer under this Act;
(2) ‘common purpose’ means any purpose in relation to any
common need, convenience or benefit of the village and
includes the following purposes:-
(i) extension of the village abadi;
(ii) providing income for the Panchayat of the vill age
concerned for the benefit of the village community ;
(iii) village roads and paths, village drains, vill age wells,
ponds or tanks, village water-courses or water-chan nels,
village bus stands and waiting places, manure pits, hada
rori, public latrines, cremation and burial grounds ,
Panchayat ghar, janj ghar, grazing grounds, tanning
places, mela grounds, public places of religious or
charitable nature; and
(iv) schools and playgrounds, dispensaries, hospita ls, and
institutions of like nature, waterworks or tube wel ls,
whether such schools/ playgrounds, dispensaries,
1. The Act came into force in the whole of Himachal Pr adesh from 1 st July, 1972,
vide Notification No. 9-2/71. Rev. II, dated the 30 th June, 1972, published in the
Rajpatra, Himachal Pradesh, (Extra-ordinary), dated 3 rd July, 1972, p. 643.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF 5
FRAGMENTATION) ACT, 1971
hospitals, institutions, waterworks or tube wells, may be
managed and controlled by the Sate Government or not;
(3) ‘consolidation’ means the redistribution of all or any of the
lands in any area between the several tenure holder s entitled
thereto in such a way as would make the areas for t he time
being held as such more compact;
(4) ‘Consolidation Officer’ means an officer appoin ted by the State
Government under section 51 to perform the duties o f a
Consolidation Officer under this Act;
(5) ‘Director of Consolidation’ means an officer ap pointed by the
State Government under section 51 to perform the du ties and
exercise the functions of a Director of Consolidati on under this
Act;
(6) ‘Official Gazette’ means the Rajpatra, Himachal Pradesh;
(7) ‘land’ means the land which is not occupied as the site of any
building in a town or village and is occupied or ha s been let for
agricultural purposes or for purposes subservient t o agriculture,
or for pasture, and includes-
(a) the sites of buildings and other structures on such land;
(b) orchards; and .
(c) ghasnis;
(8) "legal representative" has the meaning assigned to it in the Code
of Civil Procedure, 1908 (5 of 1908);
(9) "prescribed" means prescribed by rules made un der this Act;
(10) "Settlement Officer (Consolidation)" means an officer
appointed by the State Government under section 51 to
perform the duties of a Settlement Officer (Consoli dation)
under this Act and includes any person authorised b y the State
Government to perform all or any of the functions o f the
Settlement Officer (Consolidation) under this Act;
(11) ‘State Government’ means the Government of Him achal
Pradesh;
(12) ‘Sub-division’ means a part of an estate recor ded as a sub-
division, patti or taraf in a record-of-rights as p repared under
the Himachal Pradesh Land Revenue Act, 1954 (Act No . 6 of
1954), as applicable to the areas which formed part of Himachal
Pradesh immediately before the 1
st day of November, 1966
provided it forms a compact block and in the areas added to
Himachal Pradesh under section 5 of the Punjab Re-
organisation Act, 1966 (31 of 1966), ‘sub-division’ means a
part of an estate recorded as a sub-division, patti , taraf or pana
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1971
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in a record-of-rights prepared under the Punjab Lan d Revenue
Act, 1887 (17 of 1887) provided it forms a compact block;
(13) ‘tenure holder’ means a landowner or a tenant of the land
concerned;
(14) ‘fragment’ means a plot of land of less extent than the
appropriate standard area determined under this Act:
Provided that no plot of land shall be deemed to be a
fragment by reason of any diminution in its area by diluvion;
(15) ‘notified area’ means any area notified as suc h under section 3;
(16) ‘owner’ means, in the case of unalienated land , the lawful
occupant and when such land has been mortgaged, own er
means the mortgagor; in the case of alienated land, owner
means the superior holder;
(17) ‘standard area’ in respect of any class of lan d means the area
which the State Government may from time to time de termine
under section 5 as the minimum area necessary for p rofitable
cultivation in any particular notified area and inc ludes a
standard area revised under the said section;
(18) Words and expressions-
(a) not defined in this Act but defined in the Hima chal
Pradesh Land Revenue Act, 1954 (Act No. 6 of 1954), or
(b) not defined in this Act or in the Himachal Prad esh Land
Revenue Act, 1954 (Act No. 6 of 1954), but defined in
1[the Himachal Pradesh Tenancy and Land Reforms Act,
1972 (Act No. 8 of 1974)] shall have the meaning
assigned to them in the Act in which they are so defined.
CHAPTER-II
DETERMINATION OF STANDARD AREAS AND
TREATMENT OF FRAGMENTS
3. Determination of notified area .- The State Government may, after
such inquiry as it deems fit, specify any estate or sub-division of an estate as
notified area for the purposes of this chapter of this Act.
4. Settlement of standard .- (1) The State Government may, after
such inquiry as it deems fit, provisionally settle for any class of land in any
notified area the minimum area that can be cultivat ed profitably as a separate
plot.
(2) The State Government shall by notification and in such other
manner as may be prescribed, publish the minimum areas provisionally settled
by it under sub-section (1) and invite objections thereto.
1. Substituted for "the Himachal Pradesh Abolition of Big Landed Estates and Land
Reforms Act, 1953" vide section 126(c) of the H.P. Act No. 8 of 1974.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF 7
FRAGMENTATION) ACT, 1971
5. Determination and revision of standard areas .- (1) The State
Government shall after considering the objections, if any, received within
three months of the date of publication of the noti fication under sub-section
(2) of section 4 in the estate concerned and making such further inquiry as it
may deem fit, determine the standard area for such class of land in such
notified area.
(2) The State Government may, at any time, if it deems it expedient so
to do, revise a standard area determined under sub- section (1). Such revision
shall be made in the manner laid down in section 4 and sub-section (1) of
section 5.
(3) The State Government shall, by notification and in such other
manner as may be prescribed, give public notice of any standard area
determined under sub-section (1) or revised under sub-section (2).
6. Entry in the record-of-rights .- (1) On notification of a standard
area under sub-section (3) of section 5 for a local area all fragments in the
local area shall be entered as such in the record-of-rights.
(2) Notice of every entry made under sub-section (1) shall be given in
the prescribed manner.
7. Transfer and lease of fragments .- (1) No person shall transfer any
fragment in respect of which a notice has been give n under sub-section (2) of
section 6 unless thereby the fragment becomes merged in a contiguous survey
number or recognised sub-division of a survey number.
(2) Notwithstanding anything contained in any law f or the time being
in force no such fragment shall be leased to any pe rson other than a person
cultivating any land which is contiguous to the fragment.
8. Fragmentation prohibited .- No land in any notified area shall be
transferred or partitioned so as to create a fragment.
9. Penalty for transfer or partition contrary to pr ovisions of Act .-
The transfer or partition of any land contrary to the provisions of this Act shall
be void.
10. Valuation of fragment .- Any owner of a fragment who intends to
sell it shall make an application in this behalf to the Collector for
determination of its market price and the Collector shall, after hearing the
applicant and the owners of the contiguous survey numbers or recognised sub-
divisions of survey numbers, determine the market p rice, and such
determination shall be final and conclusive for the purposes of this chapter.
11. Transfer of fragment .- The owner referred to in the preceding
section shall in the first instance offer the fragm ent for sale to the owners of
contiguous survey numbers or recognised sub-divisio ns of survey numbers,
and in case of their refusal to purchase for the pr ice as determined under the
last preceding section, may transfer it to the State Government for the purpose
of the State on payment by the State Government of such price as aforesaid to
persons possessing interest therein as the Collecto r may determine, and
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1971
8
thereupon the fragment shall vest absolutely in the State Government for the
purpose of the State free from all encumbrances.
12. Partition of estate assessed to payment of reve nue to
Government or separation of share thereof .- When a decree is transferred
to the Collector under section 54 of the Code of Ci vil Procedure, 1908 (5 of
1908), for the partition of an undivided estate ass essed to the payment of
revenue to the State Government in any notified area for which standard areas
have been fixed, or for the separate possession of a share of such an estate, no
such partition or separation shall be made so as to create a fragment.
13. State Government or Local authority not to acquire land so as
to leave fragment .- (1) Notwithstanding anything contained in any la w for
the time being in force, no land shall be acquired by the State Government or
any local authority or sold at any sale held under the orders of any court so as
to leave a fragment.
(2) If any land acquired by the State Government or any local
authority is in excess of its requirements, it shall be offered for sale in the first
instance to the owners of contiguous survey numbers or recognised sub-
divisions of survey numbers at the price at which i t was acquired under sub-
section (1).
CHAPTER-III
REVISION AND CORRECTION OF MAPS AND RECORDS AND
CONSOLIDATION OF HOLDINGS
14. Declaration regarding consolidation .- (1) The State Government
may declare that in the interests of the general pu blic and for the purposes of
better cultivation of land it has decided to make a scheme of consolidation for
any estate or a group of estates or a sub-division of an estate.
(2) Every such declaration shall be published in th e Official Gazette
and in the estate or estates concerned in the prescribed manner.
15 Effect of declaration .- (1) On the publication of the declaration
under section 14, an estate, group of estates or a sub-division of an estate, as
the case may be, shall be deemed to be under consol idation operations from
the date of such publication until the publication of the notification that the
consolidation operations have been closed.
(2) Where an estate, group of estates or a sub-divi sion of an estate is
under consolidation operations, the duty of maintai ning the maps, field book
and preparing the annual record under the Himachal Pradesh Land Revenue
Act, 1954 (Act No. 6 of 1954), as applicable to the areas which formed part of
the Himachal Pradesh immediately before the 1 st day of November, 1966, and
the Punjab Land Revenue Act, 1887 (17 of 1887), as applicable in the areas
added to Himachal Pradesh under section 5 of the Pu njab Re-organisation
Act, 1966 (Act No. 31 of 1966), and the rules frame d thereunder, shall stand
transferred to the Settlement Officer (Consolidatio n), and thereupon all the
powers conferred on the Collector and Assistant Collector, under the said Acts
and rules, shall, so long as an estate, group of es tates or a sub-division of an
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF 9
FRAGMENTATION) ACT, 1971
estate remains under consolidation operations, be e xercised by the following
officers:-
1. The Director of Consolidation of Holdings.
2. Settlement Officer (Consolidation).
3. Consolidation Officer.
4. Assistant Consolidation Officer.
(3) The State Government may by notification confer on any officer
mentioned in sub-section (2) the powers of Collector, all or any of the powers
with which an Assistant Collector, may be invested under the Himachal
Pradesh Land Revenue Act, 1954 (Act No. 6 of 1954), or the Punjab Land
Revenue Act, 1887 (17 of 1887), as the case may be.
16. Cancellation of declaration under section 14 .- (1) The State
Government may at any time cancel the declaration m ade under section 14 in
respect of the whole or any part of the area specified therein.
(2) Where a declaration has been cancelled in respe ct of any area
under sub-section (1), such area shall, with effect from the date of cancellation
cease to be under consolidation operations.
17. Revision and correction of records .- (1) Where on an
examination of the village map, field-book and the record-of-rights, the
Consolidation Officer or the Assistant Consolidatio n Officer is of the opinion
that a revision of maps or records is necessary bef ore proceeding further with
the preparation of provisional consolidation scheme , he shall recommend to
the State Government accordingly.
(2) Where he is of the opinion that a revision of m aps and records is
not necessary, he shall proceed to carry out in the manner prescribed a field to
field partal with the help of the village map and field book an d shall correct
the entries in the revenue records in accordance wi th the provisions of the
Himachal Pradesh Land Revenue Act, 1954 (Act No. 6 of 1954), or the
Punjab Land Revenue Act, 1887 (17 of 1887), as the case may be, and the
rules framed thereunder.
18. Publication of correct records. - The records prepared or
corrected under sub-section (2) of section 17 shall be published in the village
in the prescribed manner and a copy shall be sent to the Collector.
19. Declaration regarding revision of records .- On receipt of the
recommendations under sub-section (1) of section 17 , the State Government
shall publish a notification to that effect and the reupon a revised map and a
field book and the records-of-rights shall be prepa red for the village or
villages concerned in accordance with the provisions of the Himachal Pradesh
Land Revenue Act, 1954 (Act No. 6 of 1954), or the Punjab Land Revenue
Act, 1887 (17 of 1887), as the case may be and rule s framed thereunder, as if
a notification had been issued in respect thereof under the said Acts and rules.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1971
10
20. Preparation of statement of plots and tenure ho lders .- (1) The
Assistant Consolidation Officer, as soon as may be after the publication of the
records under section 18 or preparation of records under section 19 prepare-
(a) a list of all plots comprised in the holdings o f each tenure
holder, showing-
(i) the area of each plot;
(ii) the soil classes of the plots according to the last
settlement;
(iii) the hereditary rent rates sanctioned for the soil classes
at the last settlement or revision operations, whic hever
is the latest;
(iv) the rental value of the plot;
(v) the revenue or the rent, as the case may be, o f the plot
calculated in the manner prescribed;
(vi) such other particulars as may be prescribed;
(b) a list of each tenure holder, showing-
(i) total area held by the tenure holder in all cla sses of
tenures;
(ii) the revenue or the rent, as the case may be, f or his
share;
(iii) the rental value of the area held by the ten ure holder;
and
(iv) such other particulars as may be prescribed.
(2) The statement shall be published in the village in the prescribed
manner.
21. Objection on the statement .- (1) Any person may within thirty
days of the publication of the statement prepared u nder section 20 file before
the Assistant Consolidation Officer an objection di sputing the correctness or
nature of any entry in the statement or pointing out any omission therefrom.
(2) The Assistant Consolidation Officer shall, afte r hearing the
parties, if necessary, on the objections filed unde r sub-section (1) submit his
report on those objections to the Consolidation Off icer who shall except as
provided in sub-section (4) dispose of the objections in the manner prescribed.
(3) The decision of the Consolidation Officer shall , except as
otherwise provided by or under this Act, be final.
(4) Where the objection filed under sub-section (1) involves a
question of title and such question has not already been determined by a
competent court, the Consolidation Officer, shall r efer the question for
determination to the Arbitrator whose decision shall be final.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF 11
FRAGMENTATION) ACT, 1971
22. Consolidation Scheme .- (1) The Consolidation Officer shall,
after publication of the statement under sub-sectio n (2) of section 20 and
decision of objections, if any, under section 21 ob tain in prescribed manner
the advice of the landowners and tenants of the estate or estates concerned and
thereafter prepare a scheme for the consolidation o f holdings in such estate or
estates or part thereof, as the case may be.
(2) In preparation of the scheme under sub-section (1), the
Consolidation Officer shall have regard to the following principles, namely-
(a) the land in each village may be divided and gro uped under the
following blocks, namely:-
(i) block of land producing rice only;
(ii) block of land producing mainly Ekfasli crops, other than
rice;
(iii) block of land which is mainly Dofasli ;
(iv) block of land subject to fluvial action of any river; and
(v) classification and valuation of land for the pu rpose of
consolidation and the exchange ratio for conversion of
one class into other;
(b) every tenure-holder is, as far as may be, allot ted land in the
block in which he holds the largest part of the holdings;
(c) only those tenure-holders shall get land in any particular
block who already hold land therein;
(d) the number of chaks to be allotted to each tenu re-holder
excluding areas earmarked for abadi and shall not e xceed the
number of blocks unless there is only one block and the land
is more or less of a uniform quality;
(e) the number of plots should not exceed the numbe r of plots
held by a landlord or tenant before the consolidati on
proceedings; and
(f) such other principles as may be prescribed.
23. Scheme to provide for compensation .- (1) The scheme prepared
by the Consolidation Officer shall provide for the payment of compensation to
any person who is allotted a holding of a market va lue less than that of his
original holding and for the recovery of compensation from any person who is
allotted a holding of a market value greater than that of his original holding.
(2) The amount of compensation shall be assessed by the
Consolidation Officer, so far as practicable in acc ordance with the provisions
of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (1 of 1894).
24. Occupancy tenancies .- (1) The scheme prepared by the
Consolidation Officer may provide for the distribut ion of land held under
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1971
12
occupancy tenure between the tenants holding a righ t of occupancy and his
landlord in such proportion as may be agreed upon between the parties.
(2) When the scheme is confirmed under section 29, the land so
allotted to the occupancy tenant and the land-lord shall, notwithstanding
anything to the contrary contained in any enactment that may, for the time
being, be in force in any part of the State of Hima chal Pradesh, be held by
each of them respectively in full right of ownershi p, and the right of
occupancy in the land allotted to the land-lord sha ll be deemed to be
extinguished.
25. Power to make provision in the scheme to partition joint lands
and joint occupancy tenancies .- (1) Notwithstanding anything contained in
chapter IX of the Himachal Pradesh Land Revenue Act , 1954 (Act No. 6 of
1954), as applicable to areas which formed part of Himachal Pradesh before
the 1st day of November, 1966, except section 129 t hereof or in chapter IX of
Punjab Land Revenue Act, 1887 (17 of 1887), as applicable to the areas added
to Himachal Pradesh under section 5 of the Punjab R e-organisation Act, 1966
(31 of 1966), except section 117 thereof, the schem e prepared by the
Consolidation Officer may provide for partition of land between the joint
owners of land or between joint tenants of a tenanc y in which a right of
occupancy subsists in accordance with the share of each owner or tenant in the
land or tenancy, as the case may be, if-
(a) such share is recorded under chapter IV of any of the Acts
mentioned above, or
(b) the right of such owner or tenant to such shar e has been
established by a decree which is still subsisting a t the time of
preparing the scheme, or
(c) a written acknowledgment of such right has bee n executed by
all persons interested in the admission or denial thereof.
(2) When the scheme is confirmed under section 29, the land so
partitioned shall, notwithstanding anything to the contrary contained in any
law for the time being in force, be held by each su ch owner or tenant in full
right of ownership or tenancy, as the case may be a nd the rights of other joint
owners or joint tenants, in the land shall be deemed to be extinguished.
26. Amalgamation of public roads etc., within the s cheme for
consolidation of holdings. - (1) Whenever in preparing a scheme for the
consolidation of holdings it appears to the Consoli dation Officer that it is
necessary to amalgamate any road, street, lane, cha nnel, path, drain, tank,
pasture or other land reserved for common purposes with any holding in the
scheme, he shall make a declaration to that effect stating in such declaration
that it is proposed that the rights of the public a s well as of the individuals in
or over the said road, street, lane, path, channel, drain, tank, pasture or other
land reserved for common purposes shall be extingui shed or, as the case may
be, transferred to a new road, street, lane, path, channel, drain, tank, pasture or
other land reserved for common purposes laid down i n the scheme of
consolidation.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF 13
FRAGMENTATION) ACT, 1971
(2) The declaration in sub-section (1) shall be pub lished in the estate
concerned in the prescribed manner along with the d raft scheme referred to in
section 28.
(3) Any member of the public or any person having a ny interest or
right, in addition to the right of public highway, in or over the said road,
street, lane, path, channel, drain, tank, pasture o r other land reserved for
common purposes or having any other interest or rig ht which is likely to be
adversely affected by the proposal may, within thir ty days after the
publication of the declaration under sub-section (1), state to the Consolidation
Officer in writing his objection to the proposal, t he nature of such interest or
right and the manner in which it is likely to be ad versely affected and the
amount and the particulars of his claim to compensa tion for such interest or
right:
Provided that no claim for compensation on account of the extinction
or diminution of the right of public highway over such road, street, lane, path,
channel, drain, tank, pasture or other land reserve d for common purposes,
shall be entertained.
(4) The Consolidation Officer shall, after consider ing the objections,
if any, made to the proposal, submit it with such a mendments, if any, as he
may consider necessary, to the Settlement Officer ( Consolidation), together
with the objections received, his recommendations t hereon and a statement of
the amount of compensation, if any, which in his op inion are payable, and of
the persons by whom and the persons to whom such co mpensation is payable.
The decision of the Settlement Officer (Consolidati on), on the proposal and
regarding the amount of compensation and the person by whom such
compensation, if any, is payable, shall be final.
27. Land reserved for common purposes .- Notwithstanding
anything contained in any law for the time being in force, it shall be lawful for
the Consolidation Officer-
(a) to direct that any land specifically assigned f or any common
purpose shall cease to be so assigned and to assign any other
land in its place;
(b) to direct that any land under the bed of a stre am or torrent
flowing within the State shall be assigned for any common
purpose; and
(c) if in any area under consolidation no land is r eserved for any
common purpose including extension of village abadi , or if
the land so reserved is inadequate, to assign other land for
such purpose.
28. Publication of draft scheme .- (1) When the draft scheme of
consolidation is ready for publication, the Consoli dation Officer shall publish
it in the prescribed manner in the estate or estate s concerned. Any person
likely to be affected by such scheme, or committee, appointed in accordance
with the rules framed under the Act, shall within t hirty days of the date of
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1971
14
such publication, communicate in writing to the Con solidation Officer
objections, if any, relating to the scheme. The Con solidation Officer shall
after considering the objection, if any, received s ubmit the scheme with such
amendments as he considers to be necessary, together with his remarks on the
objections, to the Settlement Officer (Consolidation).
(2) The Consolidation Officer shall also publish in the prescribed
manner the scheme as amended by him.
29. Confirmation of scheme .- (1) If no objections are received under
sub-section (1) of section 28 or within thirty days of the publication of the
amended draft scheme published under sub-section (2 ) of section 28, as the
case may be, the Settlement Officer (Consolidation) shall confirm the scheme
submitted by the Consolidation Officer.
(2) If any objections are received to the amended d raft scheme
published under sub-section (2) of section 28, the Settlement Officer
(Consolidation) shall, after taking objections into consideration, either
confirm the scheme with or without modification or refuse to confirm it. In
case of such refusal, the Settlement Officer (Conso lidation) shall return the
draft scheme with such directions as may be necessa ry to the Consolidation
Officer for re-consideration and re-submission.
(3) On the confirmation of the scheme under sub-sec tion (1) or (2),
the scheme as confirmed shall be published in the p rescribed manner in the
estate or estates concerned.
30. Repartition .- (1) The Consolidation Officer shall after
consultation with the land-owners and tenants of th e estate or estates
concerned, carry out repartition in accordance with the scheme of
consolidation of holdings confirmed under section 2 9, and the boundaries of
the holdings as demarcated shall be shown on the shajra which shall be
published in the prescribed manner in the estate or estates concerned.
(2) Any person aggrieved by the repartition may fil e a written
objection within thirty days of the publication bef ore the Consolidation
Officer who shall after hearing the objector pass s uch orders, as he considers
necessary, confirming or modifying the repartition.
(3) Any person aggrieved by the order of the Consol idation Officer
under sub-section (2) may within one month of that order file an appeal before
the Settlement Officer (Consolidation) who shall af ter hearing the appellant
pass such orders as he considers proper.
(4) Any person aggrieved by the order of the Settle ment Officer
(Consolidation) under sub-section (3) may within si xty days of that order
appeal to the Director of Consolidation of Holdings. The order of the Director
of Consolidation of Holdings on such appeal and sub ject only to such order,
the order of the Settlement Officer (Consolidation) under sub-section (3) or, if
the order of the Consolidation Officer under sub-se ction (2) was not appealed
against, such order of the Consolidation Officer, shall be final and shall not be
liable to be called in question in any court.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF 15
FRAGMENTATION) ACT, 1971
31. Preparation of record-of-rights .- (1) The Consolidation Officer
shall cause to be prepared a new record-of-rights i n accordance with the
provisions contained in chapter IV of the Himachal Pradesh Land Revenue
Act, 1954 (Act No. 6 of 1954), as applicable to the areas which formed part of
Himachal Pradesh immediately before the 1st day of November, 1966 or in
Chapter IV of the Punjab Land Revenue Act, 1887 (17 of 1887), as applicable
to the areas added to Himachal Pradesh under sectio n 5 of the Punjab Re-
organisation Act, 1966 (31 of 1966), as the case ma y be, in so far as these
provisions may be applicable, for the areas under c onsolidation, giving effect
to the repartition and orders in respect thereof ma de under the preceding
section.
(2) Such record-of-rights shall be deemed to have b een prepared
under section 35 of the Himachal Pradesh Land Revenue Act, 1954 (Act No.6
of 1954), as applicable to the areas which formed p art of Himachal Pradesh
immediately before the 1 st day of November, 1966 or section 34 of the Punjab
Land Revenue Act, 1887 (17 of 1887), as applicable to the areas added to
Himachal Pradesh under section 5 of the Punjab Re-o rganisation Act, 1966
(31 of 1966), as the case may be.
32. Right to possession of new holdings. - (1) If all the owners and
tenants affected by the scheme of consolidation or, as the case may be,
repartition, as finally confirmed agree to enter in to possession of the holdings
allotted to them thereunder, the Consolidation Offi cer may allow them to
enter into such possession forthwith or from such d ate as may be specified by
him.
(2) If all the owners and tenants as aforesaid do not agree to enter into
possession under sub-section (1), they shall be ent itled to possession of the
holdings and tenancies allotted to them from the co mmencement of the
agricultural year next following the date of the pu blication of the scheme
under sub-section (3) of section 29, or as the case may be, of the preparation
of the new record-of-rights under sub-section (1) o f section 31 and the
Consolidation Officer shall, if necessary, put them in physical possession of
the holding to which they are so entitled, and in d oing so, may exercise the
powers of a Revenue Officer under the Himachal Prad esh Land Revenue Act,
1954 ( 6 of 1954), or the Punjab Land Revenue Act, 1887 (17 of 1887), as the
case may be:
Provided that if there are standing crops on the ho ldings, physical
possession of the holdings shall be delivered after the aforesaid standing crops
have been harvested.
(3) If any person from whom compensation is recover able under the
scheme fails within 15 days of the commencement of the agricultural year
referred to in sub-section (2) to deposit such comp ensation in the prescribed
manner, it shall be recoverable from him as an arre ar of land revenue, and in
such case the amount realised after deducting the e xpenses shall be paid to
any person having interest in the holding.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1971
16
33. Management and control of lands for common purp oses to
vest in Panchayats or State Government .- As soon as the scheme comes
into force, the management and control of all the l ands assigned or reserved
for common purposes of the village under section 27-
(a) in the case of the common purposes specified in clause (2) of
section 2, in respect of which the management and control are
to be exercised by the State Government shall vest in the
State Government; and
(b) in the case of any other common purpose, shall vest in the
Panchayat of that village; and the State Government or the
Panchayat, as the case may be, shall be entitled to appropriate
the income accruing therefrom for the benefit of th e village
community and the rights and interests of the owner s of such
lands shall stand modified and extinguished accordingly:
Provided that in the case of land assigned or reser ved for the
extension of village abadi or manure pits for the p roprietors and non-
proprietors of the village, such land shall vest in the proprietors to whom it is
given under the scheme of consolidation.
34. Coming into force of such scheme .- As soon as the persons
entitled to possession of holdings under this Act h ave entered into possession
of holdings respectively allotted to them, the sche me shall be deemed to have
come into force.
35. Rights after consolidation .- Subject to the provisions of section
24 and 25, and with effect from the date on which a tenure holder, in
pursuance of the provisions of section 32 enters in to possession of the plots
allotted to him, his rights, title and interest in his original holdings shall be
extinguished and he shall have the same rights, tit le and interest subject to
modification if any, specified in the final consoli dation scheme in the plots
allotted to him thereunder.
36. Encumbrances of landowners and tenants.- (1) If the holding of
a landowner or the tenancy of a tenant brought unde r the scheme of
consolidation is burdened with any lease, mortgage or other encumbrance,
such lease, mortgage or other encumbrance shall be transferred and attached
to the holding or tenancy allotted under the scheme or to such part of it as the
Consolidation Officer subject to any rules that may be made under section 59,
may have determined in preparing the scheme and the reupon the lessee,
mortgagee, or other encumbrancer, as the case may be, shall cease to have any
right in or against the land from which the lease, mortgage or other
encumbrance has been transferred.
(2) If the holding or tenancy to which a lease, mor tgage or other
encumbrance is transferred under sub-section (1) is of less market value than
the original holding from which it is transferred, the lessee, mortgagee or
other encumbrancer, as the case may be, shall, subj ect to the provision of
section 45 be entitled to the payment of such compe nsation by the owner of
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF 17
FRAGMENTATION) ACT, 1971
the holding, or as the case may be, the tenant as t he Consolidation Officer
may determine.
(3) Notwithstanding anything contained in section 3 2, the
Consolidation Officer shall, if necessary, put any lessee or any mortgagee or
other encumbrancer entitled to possession, in posse ssion of the holding or
tenancy or part of the holding or tenancy to which his lease, mortgage or other
encumbrance has been transferred under sub-section (1).
37. Effect of consolidation of holdings on evacuee property .- If in
pursuance of a scheme for consolidation of holdings any land which is
evacuee property within the meaning of the Administ ration of Evacuee
Property Act, 1950 (31 of 1950), is or has been exc hanged for any other land
which is not evacuee property, then such other land shall, as from the date of
the coming into force of the scheme, be deemed to b e evacuee property
declared as such within the meaning of the said Act and the original evacuee
land shall, as from such date be deemed to have cea sed to be evacuee
property.
38. Transfer of rights of land owners in holdings and of tenants in
tenancies .- Notwithstanding anything contained in the Himach al Pradesh
Land Revenue Act, 1954 (Act No. 6 of 1954), 1[the Himachal Pradesh
Tenancy and Land Reforms Act, 1972 (8 of 1974)], the Punjab Land Revenue
Act, 1887 (17 of 1887), the Punjab Tenancy Act, 188 7(16 of 1887), or any
other enactment that may, for the time being, or be in force in any part of the
State of Himachal Pradesh, the rights and liabiliti es of landowners in their
holdings and of tenants in their tenancies shall, f or the purpose of giving
effect to any scheme of consolidation affecting the m, be transferable by
exchange or otherwise and neither the landlord nor the tenant nor any other
person shall be entitled to object to or interfere with any transfer made for the
said purpose.
39. Decrees for possession of land to be executed a gainst land
allotted on repartition .- Notwithstanding anything contained in the Code o f
Civil Procedure, 1908 (5 of 1908), or any other law for the time being in
force, no decree for possession of land against a j udgement-debtor, whose
land has been included in a scheme for consolidatio n of holdings, shall be
executed except after repartition and orders in respect thereof under section 30
and against land allotted to him in pursuance of such repartition and orders.
40. Costs .- The Assistant Consolidation Officer shall, in th e manner
prescribed assess the cost of consolidation and dis tribute such cost between
the persons affected by the order of consolidation, and recover it from them.
41. Recovery of compensation or costs or other sums payable
under this Act .- Compensation under section 23 or costs under sec tion 40 or
any other sums payable under this Act shall be reco verable as an arrear of
land revenue.
1. Substituted for "the Himachal Pradesh Abolition of Big Landed Estates and Land
Reforms Act, 1953" vide section 126 (c) of H.P. Act No. 8 of 1974.
THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF
FRAGMENTATION) ACT, 1971
18
42. Transfer of property during consolidation proce edings .- (1)
After a notification under sub-section (1) of section 14 has been published and
during the pendency of the consolidation proceeding s, no land-owner or
tenant having a right of occupancy upon whom the sc heme will be binding
shall have power without the sanction of the Consol idation Officer to transfer
or otherwise deal with any portion of his original holding or other tenancy so
as to affect the rights of any other landowner or t enant having a right of
occupancy therein under the scheme of consolidation.
(2) After a notification under sub-section (1) of s ection 14 has been
published and during the pendency of the consolidat iExcerpt shown. Open the full act in Lexace.