LexThe Himachal Pradesh Land Preservation Act, 1978
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
NOTIFICATION AND REGULATION OF AREAS
3. Notification of areas.
4. Power to regulate, restrict or prohibit, by gene ral or special
order, within notified areas, certain matters.
5. Power in certain cases to regulate, restrict or prohibit, by
special order, within notified areas, certain further matters.
6. Power to require execution of works and taking o f measures.
7. Necessity for regulation, restriction or prohibi tion to be
recited in the order under sections 4, 5 or 6 and p ublication of
order.
8. Proclamation of regulations, restrictions and pr ohibitions and
admission of claims for compensation for rights whi ch are
restricted or prohibited.
9. Power to fix time within which work to be execut ed, etc.
CHAPTER III
POWER TO ENTER UPON AND DELIMIT NOTIFIED
AREAS AND BEDS
10. Power to enter upon, survey and demarcate local areas
notified under section 3.
CHAPTER IV
INQUIRY INTO CLAIMS AND AWARDS OF
COMPENSATION
11. Inquiry into claims and awards thereupon.
12. Method of awarding compensation and effect of s uch award.
CHAPTER V
PROCEDURE, RECORDS AND APPEAL
13. Record-of-rights in respect of notified areas.
14. Mode of proclaiming notifications and of servin g notices,
orders and processes, issued under the Act.
2 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 197 8
15. Appeal, review and revision.
CHAPTER VI
PUNISHMENT, BAR OF SUITS AND RULES
16. Punishments for offences.
17. Applications of provisions of the Indian Forest Act, 1927.
18 Power to try offences summarily.
19. Power to compound offences.
20. Bar to suits.
21. Power to make rules.
22. Repeal and savings.
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THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978
(ACT NO. 28 OF 1978)
1
(Received the assent of the President of India on t he 4 th August, 1978
and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
the 26 th August, 1978, pp. 1119-1129.)
An Act to provide for the better preservation and p rotection of certain
portions of the territories of Himachal Pradesh.
It hereby enacted by the Legislative Assembly of Him achal Pradesh
in the Twenty-ninth 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 Land Preservation Act, 1978.
(2) It shall extend to the whole of the State of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions .- In this Act, unless a different intention appear s from
subject or context,-
(a)
“land” means land within any area preserved and protected or
otherwise dealt with in the manner provided in this Act and
includes benefits to arise out of land and things a ttached to
the earth or permanently fastened to anything attac hed to the
earth;
(b) “cho” means a stream or torrent flowing through or from the
mountainous ranges within Himachal Pradesh;
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 8 th April, 1978, p. 326.
THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 3
(c) “tree”, “timber”, “forest produce” and “cattle” , respectively,
shall have the meanings severally assigned thereto in section
2 of the Indian Forest Act, 1927 (16 of 1927);
(d) “person interested” includes all persons claimi ng any interest
in compensation to be made on account of any measur es
taken under this Act;
(e) “Deputy Commissioner” includes any officer or o fficers at
any time specially appointed by the State Governmen t to
perform the functions of the Deputy Commissioner under this
Act;
(f) “right-holder” includes-
(i) persons not being tenants or mortgagees having rights
to, or in land; and
(ii) persons having rights of collection of forest produce or
of grazing of pasture; and
(g) “erosion” includes the removal or displacement of earth, soil,
stones or other materials by the action of wind or water.
CHAPTER II
NOTIFICATION AND REGULATION OF AREAS
3. Notification of areas .- Whenever it appears to the State Government
that it is desirable to provide for the conservatio n of sub-soil water or the
prevention of erosion in any area subject to erosio n or likely to become
subjected to erosion, the State Government may, by notification published in
the Official Gazette, make a direction accordingly.
4. Power to regulate, restrict or prohibit, by gene ral or special
order, within notified areas, certain matters .- In respect of areas notified
under section 3 generally or the whole or any part of any such area, the State
Government may, by general or special order, tempor arily regulate, restrict or
prohibit-
(a) the clearing or breaking up or cultivating of l and not
ordinarily under cultivation prior to the publicati on of the
notification under section 3;
(b) the quarrying of stone or the burning of lime a t places where
such stone or lime had not ordinarily been so quarr ied or
burnt prior to the publication of the notification under section
3;
(c) the cutting of trees or timber, or the collecti on or removal or
subjection to any manufacturing process, otherwise than as
described in clause(b) of this section, of any fore st produce
other than grass save for bona-fide domestic or agricultural
purposes of a right holder in such area;
(d) the setting on fire of trees, timber or forest produce;
4 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 197 8
(e) the admission, herding, pasturing or retention of sheep, goats
or camels;
(f) the examination of forest produce passing out o f any such
area; and
(g) the granting of permits to the inhabitants of t owns and
villages situated within the limits or in the vicin ity of any
such area to take any tree, timber or forest produc e for their
own use therefrom or to pasture sheep, goats or cam els or to
cultivate or erect buildings therein and the produc tion and
return of such permits by such persons.
5. Power in certain cases to regulate, restrict or prohibit by
special order, within notified areas, certain furth er matters .- In respect of
any specified village or villages or part or parts thereof comprised within the
limits of any area notified under section 3, the St ate Government may, by
special order, temporarily regulate, restrict or prohibit-
(a) the cultivation of any land ordinarily under cu ltivation prior to
the publication of the notification under section 3;
(b) the quarrying of any stone or the burning of an y lime at places
where such stone or lime had ordinarily been so qua rried or
burnt prior to the publication of the notification under section 3;
(c) the cutting of trees or timber or the collectio n or removal or
subjection to any manufacturing process, otherwise than as
described in clause (b) of this section, of any for est produce for
any purposes; and
(d) the admission, herding, pasturing or retention of cattle generally
other than sheep, goats and camels or of any class or description
of such cattle.
6. Power to require execution of works and taking o f measures .-
In respect of areas notified under section 3 genera lly or the whole or any part
of any such area, the State Government may, by gene ral or special order,
direct-
(a) the levelling, terracing, drainage and embankin g of fields;
(b) the construction of earth works in fields and r avines;
(c) the provision of drains for stream water;
(d) the protection of land against the action of wi nd or water;
(e) the training of streams; and
(f) the execution of such other works and the carry ing out of
such other measures, as may, in the opinion of the State
Government be necessary for carrying out the purposes of this
Act.
THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 5
7. Necessity for regulation, restriction or prohibition to be recited
in the order under sections 4, 5 or 6 and publication of order .- Every order
made under sections 4, 5 or 6 shall be published in the Official Gazette and
shall set forth that the State Government is satisf ied, after due inquiry, that
regulations, restrictions, prohibitions or directio ns contained in the order are
necessary for the purpose of giving effect to the provisions of this Act.
8. Proclamation of regulations, restrictions and pr ohibitions and
admission of claims for compensation for rights whi ch are restricted or
prohibited .- (1) When in respect of any area a notification has been published
under section 3, and -
(a) upon such publication any general order made un der section 4
or section 6 becomes applicable to such area, or
(b) any special order under section 4, 5 or 6 is ma de in respect of
such area,
the Deputy Commissioner shall cause public notice o f the provisions of such
general or special order to be given, and if the pr ovisions of any such order
restrict or prohibit the exercise of any existing r ights, shall also publish in the
language of the country and in every town and village the boundaries of which
include any portion of the area within or over whic h the exercise of any such
rights is so restricted or prohibited, a proclamati on stating the regulations,
restrictions and prohibitions, which have been impo sed by any such order,
within the limits of such area or in any part or pa rts thereof, fixing a period of
not less than three months form the date of such pr oclamation and requiring
every person claiming any compensation in respect o f any right so restricted
or prohibited, within such period either to present to such officer a written
notice specifying, or to appear before him and stat e the nature and extent of
such right and the amount and particulars of the compensation, if any, claimed
in respect thereof.
(2) Any claim not preferred within the time fixed i n the proclamation
made under sub-section (1), shall be rejected:
Provided that with the previous sanction of the Com missioner, the
Deputy Commissioner may admit any such claim as if it had been made
within such period.
9. Power to fix time within which work to be execut ed, etc. .- (1)
When an order has been issued under section 6, the Deputy Commissioner
may by notice require the owner or occupier of the land to execute such works
or take such measures as may be specified in the notice.
(2) Every such notice shall state the time within w hich the works are to
be executed or measures are to be taken.
(3) A person aggrieved by an order contained in suc h a notice as
aforesaid may, within thirty days from the service of such notice or within
such longer period as the Deputy Commissioner may a llow in this behalf,
serve a notice of his objections on the Deputy Comm issioner in such manner
as may be provided by the rules made under this Act.
6 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 197 8
(4) If and in so far as an objection under this sec tion is based on the
ground of some informality, defect or error in or in connection with the notice,
the Deputy Commissioner shall dismiss the objection, if he is satisfied that the
informality, defect or error was not a material one.
(5) If the objection is brought on all or any of the following grounds that
is to say-
(a) that the notice might lawfully have been served on the
occupier of the land in question instead of on the owner, or on
the owner instead of on the occupier, and that it w ould have
been equitable for it to have been so served;
(b) that some other person, being the owner, occupa ncy-tenant,
mortgagee with possession, or lessee, or farm-holde r, or
possessing some other right in or over the land to be
benefited, ought to contribute towards the expenses of
executing any works or taking any measures required;
(c) where the work or measure is work or measure fo r the
common benefit of the land in question and other la nd, that
some other person being the owner or occupier of la nd to be
benefited, ought to contribute towards the expenses of
executing any works or taking any measures required;
the objector shall serve a copy of his notice of ob jection on each other person
referred to, in clauses (a) to (c) and on the heari ng of the objection of Deputy
Commissioner may make such order as he thinks fit with respect to the person
by whom any work is to be executed or measure is to be taken and the
contribution to be made by any other person towards the cost of the work or
measure, or as to the proportions in which any expe nses which may become
recoverable by the Deputy Commissioner under sub-se ction (6) are to be
borne by the objector and such other persons:
Provided that no such order shall be made unless th e person who is
likely to be affected thereby has been given a reas onable opportunity of being
heard.
In exercising his power under this sub-section the Deputy
Commissioner shall have regard-
(a) as between an owner and an occupier, to the ter ms and
conditions, whether contractual or statutory, of th e tenancy
and to the nature of the works and measures required, and
(b) in any case, to the degree of benefit to be der ived by the
different persons concerned.
(6) Notwithstanding anything to the contrary contained in any law for
the time being in force, no person required by a no tice or an order under this
section to execute any work or to take any measure shall be required to obtain
the consent of any other person before complying with such notice or order.
THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 7
(7) Subject to such right of objection as aforesaid and the right of
appeal under section 15, if the person required by the notice to execute the
works or to take measures fails to execute the work s and take measures
indicated within the time thereby limited, the Depu ty Commissioner may
himself or by an agent execute the works or take th e measures and recover
from that person the expenses reasonably incurred by him in so doing:
Provided that it shall not be necessary for the Dep uty Commissioner
to wait for the decision of an objection other than an objection under clause
(a) of sub-section (5), or an appeal against any de cision on such objection,
before taking action under this sub-section.
(8) If the cost of any work executed or any measure taken by any
person remains unpaid by the person from whom it is due after the date
specified in a notice issued in this behalf by the Deputy Commissioner or such
other date as is fixed by him, such cost shall be r ecoverable as an arrear of
land revenue and a certificate issued by the Deputy Commissioner in this
behalf shall be final and conclusive evidence of th e sum so recoverable and
the person liable for the same.
(9) Every order issued under this section shall be published in such
manner, as may be prescribed in the rules made under this Act, and upon such
publication every person affected thereby shall, unless the contrary be proved,
be deemed to have had due notice thereof.
(10).The Deputy Commissioner, may, by general or sp ecial order,
authorise any revenue officer subordinate to him to enquire into any objection
that may be brought under this section:
Provided that no final order on any such objection shall be passed
except by the Deputy Commissioner himself.
(11) In making an order on objections brought under this section,
Deputy Commissioner shall be guided by such rules, if any, as the State
Government may make in this behalf.
(12) For the purposes of this section, the expressi on “estate” shall
have the meaning assigned thereto in the Himachal P radesh Land Revenue
Act, 1953 (6 of 1954).
CHAPTER III
POWER TO ENTER UPON AND DELIMIT NOTIFIED AREAS
AND BEDS .
10. Power to enter upon, survey and demarcate local areas
notified under section 3 .- It shall be lawful for the Deputy Commissioner and
any other person, as may be authorised by him, from time to time, as occasion
may require,-
(a) to enter upon and survey any land comprised wit hin any area
in regard to which any notification has been issued under
section 3 or in regard to which a notification is proposed to be
issued under section 6;
8 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 197 8
(b) to erect bench-marks on and to delimit and dema rcate the
boundaries of any such area; and
(c) to do all other acts and things which may be ne cessary in
order adequately to preserve or protect any land or to give
effect to all or any of the provisions of this Act:
Provided that reasonable compensation, to be assess ed and
determined in the manner in this Act provided, shall be made in respect of any
damage or injury caused to the property or rights of any person in carrying out
any operations under the provisions of this section.
CHAPTER IV
INQUIRY INTO CLAIMS AND AWARDS OF COMPENSATION
11. Inquiries into claims and awards thereupon .- (1) The Deputy
Commissioner shall-
(a) fix a date for inquiring into all claims made u nder section 8
and may in his discretion, from time to time, adjou rn the
inquiry to a date to be fixed by him;
(b) record in writing all statements made under sec tion 8;
(c) inquire into all claims duly preferred under se ction 8; and
(d) make and award upon such claim, setting out the rein the
nature and extent of the right claimed, the person or persons
making such claim, the extent, if any, to which, an d the
person or persons in whose favour, the right establ ished, the
extent to which it is to be restricted or prohibite d and the
nature and amount of the compensation, if any, awarded.
(2) For the purposes of every such inquiry the Depu ty Commissioner
may exercise all or any of the powers of a civil co urt in the trial of suits under
the Code of Civil Procedure (5 of 1908).
(3) The Deputy Commissioner shall announce his awar d to such
persons interested, or their representatives, as ar e present and shall record the
acceptance of those who accept it. To such as are n ot present, the Deputy
Commissioner shall cause immediate notice of his award to be given.
12. Method of awarding compensation and effect of s uch award .-
(1) In determining the amount of compensation the D eputy Commissioner
shall be guided, so far as may be, by the provision s of sections 23 and 24 of
the Land Acquisition Act, 1894 (1 of 1894), and as to matters which cannot be
dealt with under those provisions, by what is just and reasonable in the
circumstances of each case.
(2) The Deputy Commissioner may, with the sanction of the State
Government and the consent of the person entitled, instead of money, award
compensation in land or by reduction in revenue or in any other form.
THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 9
(3) If in any case, the exercise of any right is pr ohibited for a time
only, compensation shall be awarded only in respect of the period during
which the exercise of such rights is so prohibited.
CHAPTER V
PROCEDURE, RECORDS AND APPEAL
13. Record-of-rights in respect of notified areas .- (1) For every
area, notified under section 3, the Deputy Commissi oner shall prepare a
record setting forth the nature, description, local situation and extent of all
rights mentioned in section 4 and section 5 -
(a) existing within such area at the time of the pu blication of the
notification relating thereto under section 3;
(b) regulated, restricted, or prohibited by any ord er under section
4 or section 5.
(2) When any award is made under section 11 its effect upon any right
shall also be recorded therein.
(3) The record prepared under this section shall be presumed to be
correct until contrary is proved or a new entry lawfully substituted therefor.
14. Mode of proclaiming notifications and of servin g notices,
orders and processes, issued under the Act .- (1) Upon the publication of a
notification issued under any of the provisions of this Act, the Deputy
Commissioner shall cause public notice of the substance thereof to be given at
convenient places in the locality to which such notification relates.
(2) The procedure prescribed in sections 21, 22 and 23 of the
Himachal Pradesh Land Revenue Act, 1953 (6 of 1954) , shall be followed, as
far as may be, in proceeding under this Act.
15. Appeal, review and revision .- Every order passed and every
award made by the Deputy Commissioner under this Ac t shall for the
purposes of appeal, review and revision, respective ly, be deemed to be the
order of a Collector within the meaning of sections 14, 15, 16 and 17 of the
Himachal Pradesh Land Revenue Act, 1953 (6 of 1954):
Provided that nothing in this Act contained shall b e deemed to
exclude the jurisdiction of any civil court to deci de any dispute arising
between the persons interested in any compensation awarded as to the
apportionment or distribution thereof amongst such persons or any of them.
CHAPTER VI
PUNISHMENTS, BAR OF SUITS AND RULES
16. Punishment for offences .- Any person who, within the limits of
any area notified under section 3, commits any breach of any regulation made,
restrictions or prohibitions imposed, order passed or requisition made under
sections 4, 5, 6 or 9 or obstructs or resists in an y way whatever the execution
of acts or things done under section 10, shall be p unished with imprisonment
10 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 19 78
for a term which may extend to 6 months, or with a fine which may extend to
five hundred rupees, or with both.
17. Applications of provisions of the Indian Forest Act, 1927 .- The
provisions of sections 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64 (excluding last
sentence), 66 and 73 of the Indian Forest Act, 1927 (16 of 1927) shall, so far
as applicable, be read as part of this Act and for the purposes of those
provisions, every offence punishable under section 16 shall be deemed to be a
“forest offence” and every officer employed in the management of any area
notified under section 3 as caretaker or otherwise, shall be deemed to be a
forest officer.
18. Power to try offences summarily .- The Chief Judicial Magistrate
or any Judicial Magistrate of the first class specially empowered in this behalf
by the State Government shall try summarily, under the Code of Criminal
Procedure, 1973 (2 of 1974), any forest offence punishable with imprisonment
for a term not exceeding six months, or with a fine not exceeding five hundred
rupees, or with both.
19. Power to compound offences .- (1) The State Government may,
by notification in the Official Gazette, empower a Gazetted Forest Officer-
(a) to accept from any person, against whom a reaso nable suspicion
exists that he has committed any forest offence, ot her than an
offence specified in section 62 of the Indian Fores t Act, 1927
(16 of 1927), a sum of money by way of compensation for the
offence which such person is suspected to have committed; and
(b) when any property has been seized as liable to confiscation, to
release the same on payment of the value thereof as estimated
by such officer.
(2) On the payment of such sum of money, or such va lue, or both, as
the case may be, to such officer, the suspected per son, if in custody, shall be
discharged, the property, if any, seized shall be r eleased, and no further
proceeding shall be taken against such person or property.
(3) The sum of money accepted as compensation under clause (a) sub-
section (1) shall in no case exceed the sum of five hundred rupees in each
case.
20. Bar to suits .- No suit shall lie against the State Government f or
anything done under this Act, and no suit shall lie against any public servant,
for anything done, or purporting to have been done, by him, in good faith,
under this Act.
21. Power to make rules .- (1) The State Government may make
rules, consistent with this Act,-
(a) regulating the procedure to be observed in any inquiry or
proceeding under this Act; and
(b) generally for the purpose of carrying into effe ct all or any of
the provisions of this Act.
THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 1 1
(2) All rules made under this section shall be published in the Official
Gazette.
(3) Every rule made under this Act shall be laid, a s soon as my be
after it is made, before the Legislative Assembly w hile it is in session for a
total period of not less than fourteen days, which 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 sessions afor esaid, the Assembly makes
any modification in the rule or decides that the ru le should not be made, the
rule shall thereafter have effect only in such modi fied form or be of no effect,
as the case may be, so, however, that any such modi fication or annulment
shall be without prejudice to the validity of anyth ing previously done under
that rule.
22. Repeal and Savings .- The Punjab Preservation Act, 1900 (2 of
1900), as in force in the areas added to Himachal P radesh under section 5 of
the Punjab Re-organisation Act, 1966 (31 of 1966) a nd the Mandi State Anti-
Erosion Act, 2004 B.K.(4 of 2004 B.K.), as in force in the areas comprised in
the erstwhile princely State of Mandi, are hereby repealed:
Provided that anything done or any action taken, in cluding rules
made, notifications issued or proceedings commenced or continued under the
provisions of the Acts hereby repealed shall, unles s it is inconsistent with the
provision of this Act, be deemed to have been done, taken, made, issued,
commenced or continued under the corresponding provisions of this Act.
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