The Himachal Pradesh Ceiling on Land Holdings Act, 1972

THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS 
ACT, 1972 
ARRANGEMENT OF SECTIONS 
CHAPTER I 
PRELIMINARY 
Sections: 
1.  Short title, extent and commencement. 
2.  Declaration as to giving effect to certain directive principles 
of State policy. 
3.  Definitions. 
CHAPTER II 
CEILING ON LAND HOLDINGS, ACQUISITION AND 
DISPOSAL OF SURPLUS AREA 
4.  Permissible area. 
5. Exemptions. 
6.  Ceiling on land. 
6-A.  Change in use of land under tea estates. 
7.  Certain transfers not to affect the surplus area. 
7-A.  Bar to transfer of land under tea estates. 
8.  Selection of permissible area. 
9.  Declaration supported by affidavits to be furnished by certain 
land owners and tenants. 
10.  Submission of statement to Collector. 
11.  Vesting of surplus area in the State Government. 
12.  Power to take possession of surplus area. 
13.  Power to separate shares of land-owners. 
14.  Principle for determination and payment of amount. 
15.  Disposal of surplus area. 
15-A.  Utilization of land for development of the State. 
16.  Bar of future acquisition of land in excess of permissible area. 
17.  Future acquisition of land by inheritance or otherwise in 
excess of permissible area or increase in such area as a result 
of operation of this Act. 
17-A  Treatment of certain transfers and change of use of lands 
exempted under section 5. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 2 
18. Bar of jurisdiction. 
19.  Mode of recovery of amount and penalty. 
20. Appeal and revision. 
21. Officers holding enquiries to have powers of civil courts. 
22. Penalty for making false statement. 
23. Procedure. 
24. Certain officers to be public servants. 
25. Protection of action taken under this Act. 
26. Power to make rules. 
27. Power to remove difficulties. 
28. Repeal and saving. 
__________ 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS 
ACT, 1972 
(ACT NO. 19 OF 1973) 
(Received the assent of the President on the 10th July, 1973 and was 
published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 28th 
July, 1973, pp. 1201-1213) 
An Act to consolidate and amend the laws relating to ceiling on land 
holdings in the State of Himachal Pradesh. 
Amended, repealed or otherwise affected by,- 
1. H.P. Act. No. 1 of 19741 assented to by the President on the 1st 
January, 1974, published in the Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated the 22nd January, 1974, pp. 41-43, 
effective from 28th July, 1973.  
2. H.P. Act No. 11 of 19872, assented to by the Governor on 8th 
May, 1987, published in the Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated 8th May, 1987, pp. 778-781, effective 
from 28th July, 1973. 
3. H.P. Act No. 7 of 20003, assented to by the President on the 
29th March, 2000, published both in Hindi and English in the 
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 11th April, 
2000, pp. 841-850. Sections 2, 3 and 4 shall be deemed to have 
come into force from 28th July, 1973. 
 
1.  For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 18th October, 1973, p. 1576. 
2.  For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 1st April, 1987, p. 624. 
3. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 19th August, 1999, pp. 3305 and 3311. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 3 
4. H.P. Act No. 2 of 20141, assented to by the President on 7th 
January, 2014, published both in Hindi and English in the 
Rajpatra, Himachal Pradesh, dated 17th January, 2014, pp. 
5827-5828. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Twenty-third Year of the Republic of India as follows:- 
CHAPTER 1 
PRELIMINARY 
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Ceiling on Land Holdings Act, 1972. 
(2) It extends to the whole of Himachal Pradesh. 
(3) It shall come into force at once. 
2. Declaration as to giving effect to certain directive principles of 
State policy.- It is hereby declared that this Act is for giving effect to the 
policy of the State towards securing the principles specified in clauses (b) and 
(c) of Article 39 of the Constitution of India. 
3. Definitions.- In this Act, unless there is anything repugnant in the 
subject or context,- 
(a)  "adult" means a person who is not a minor; 
(b)  "appointed day" means the 24th day of January, 1971; 
(c) "banjar land" means land which has remained uncultivated for 
a continuous period of not less than two years immediately 
preceding the appointed day and includes culturable waste 
land recorded as banjar in the revenue records; 
(d) "Collector" means the Collector of a District or any other 
officer not below the rank of an Assistant Collector of the 
First Grade empowered in this behalf by the State 
Government; 
(e) "family" means husband, wife and their minor children or any 
one or more of them; 
2[(ee) "handicapped person" means a crippled, or physically or 
medically deficient person whose annual income from all 
sources does not exceed rupees seven thousand and five 
hundred and who, on account of injury, disease or congenital 
deformity, is substantially prevented from or is incapable of 
leading a normal life or earning full wages for the work in 
 
1.  Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see the Rajpatra, Himachal Pradesh dated 29th August, 
2012, pp. 3155-3157. 
2.  Clauses (ee) and (eee) added vide H.P. Act No. 11 of 1987, effective from 28th 
July, 1973. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 4 
which he is employed or obtaining or keeping employment or 
undertaking work on his own, of a kind in view of that injury, 
disease or deformity which work would have suited his age, 
experience and qualifications; 
Explanation.- For the purposes of this clause, a person 
who has incurred physical disablement to the extent of fifty 
per cent or more shall be deemed to be substantially incapable 
or disabled person; 
(eee) "houseless person" means a person who owns no house or site 
to construct a house: 
Provided that a person whose father is alive or whose 
annual income from all sources exceeds Rs. 3,000/- shall not 
be deemed to be a houseless person;] 
(f) "land" means land which is not occupied as the site of any 
building in a town or village and is occupied or has been let 
for agricultural purposes or for purposes subservient to 
agriculture, or for pasture and includes- 
(i) the sites of buildings and other structures on such land; 
(ii) orchards; 
(iii) ghasnies; 
(iv) banjar land; and 
(v)  private forests; 
(g)  "landowner" means a person defined as such in the Himachal 
Pradesh Land Revenue Act, 1954 (6 of 1954) or the Punjab 
Land Revenue Act, 1887 (17 of 1887), as the case may be, 
and shall include the predecessor or successor in interest of 
the landowner; 
(h)  "landless person" means a person who, holding no land for 
agricultural purposes, whether as an owner or a tenant, earns 
his livelihood principally by manual labour on land and 
intends to take the profession of agriculture and is capable of 
cultivating the land personally 1[:] 
2[Provided that a person whose father is alive or 
whose annual income from all sources exceeds Rs. 3,000 
shall not be deemed to be a landless person]; 
(i)  "land revenue" means land revenue assessed under any law 
for the time being in force or assessable under the Himachal 
Pradesh Land Revenue Act, 1954 (6 of 1954) or the Punjab 
Land Revenue Act, 1887 (17 of 1887), as the case may be; 
 
1. Substituted for the sign “;” vide H.P. Act No. 11 of 1987, effective from 28th 
July, 1973. 
2.  Proviso added vide H. P. Act No. 11 of 1987, effective from 28th July, 1973. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 5 
(j)  "minor" means a person who has not completed the age of 
eighteen years; 
(k)  "orchard" means a compact area of land having fruit bearing 
trees grown thereon in such number that they preclude, or 
when fully grown would preclude, a substantial part of such 
land from being used for any agricultural purpose 1[but shall 
not include land under banana or guava gardens or vine-
yards]; 
2[(l)  "other eligible person" means person,- 
(i) who, holding for agricultural purposes land less than one 
acre whether as an owner or a tenant, earns his 
livelihood principally by manual labour on land and 
intends to take the profession of agriculture and is 
capable of cultivating the land personally; 
(ii)  whose father is not alive; and  
(iii) whose annual income from all sources does not exceed 
Rs. 3,000/-;  
and shall not include a person who holds a share or a portion of an 
estate jointly owned or cultivated by two or more persons;] 
(m)  "permissible area" means the extent of land specified in 
section 4 of this Act; 
(n)  "person" means the landowner 3[,] 4[tenant and mortgagee 
with possession], and includes a company, a family, an 
association or other body of individuals, whether incorporated 
or not, and any institution capable of holding property; 
(o)  "prescribed" means prescribed by rules made under this Act; 
(p)  "private forest" means a forest which is not the property of 
the Government or to over which the State has no proprietary 
rights or the whole or any part of the forest produce of which 
the State is not entitled; 
(q)  "separate unit" means an adult son or in case of his death, his 
widow and children, if any 5[***]; 
(r)  "surplus area" means the area in excess of the permissible 
area; 
 
1.  Inserted vide H.P. Act No. 1 of 1974, effective from 28th July, 1973. 
2.  Clause (l) omitted vide H.P. Act No. 1 of 1974 and again added vide H.P. Act 
No. 11 of 1987, effective from 28th July, 1973. 
3. The sign “,” inserted vide H.P. Act No. 1 of 1974, effective from 28th July, 1973. 
4. Substituted for the words "and tenant" vide H. P. Act No. 1 of 1974, effective 
from 28th July, 1973. 
5.  The words ", and an adult daughter" omitted vide H. P. Act No. 1 of 1974, 
effective from 28th July, 1973. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 6 
(s)  "tea estate" means an area under tea plantation and includes 
such other area necessary for purposes subservient to tea 
plantation as may be prescribed; 
(t)  "tenant" means a person who holds land under a landowner, and 
is, or but for a contract to the contrary would be liable to pay 
rent for that land to that landowner, and includes- 
(i)  a sub-tenant 1[*****]; and 
(ii)  the predecessors or successors in interest of a tenant or a 
sub-tenant, as the case may be, but it does not include- 
(a)  a mortgagee of the rights of landowner; or 
(b)  a person to whom a holding has been transferred 
or an estate or holding has been let in farm under 
the Himachal Pradesh Land Revenue Act, 1954 (6 
of 1954) or the Punjab Land Revenue Act, 1887 
(17 of 1887), as the case may be, for the recovery 
of an arrear of land revenue or of a sum 
recoverable as such an arrear; 2[xxxxx] 
3[xxxxxxxx] 
(u) "tenancy" means a parcel of land held by a tenant of a land-
owner under one lease or one set of conditions; and 
(v)  the words and expressions used herein but not defined in this 
Act shall have the meanings assigned to them in the Himachal 
Pradesh Land Revenue Act, 1954 (6 of 1954), or the Punjab 
Land Revenue Act, 1887 (17 of 1887), as the case may be. 
 
CHAPTER II 
CEILING ON LAND HOLDINGS, ACQUISITION AND 
DISPOSAL OF SURPLUS AREA 
4. Permissible area.- (1) The permissible area of a landowner or a 
tenant or a mortgagee with possession or partly in one capacity or partly in 
another of a person or a family consisting of husband, wife and upto three 
minor children shall be in respect of- 
(a)  land under assured irrigation capable of growing two crops in 
a year- 10 acres. 
(b)  land under assured irrigation capable of growing one crop in a 
year- 15 acres. 
 
1.  The words "recorded as such in the revenue record" omitted by H.P. Act No. 1 of 
1974, effective from 28th July, 1973. 
2.  The word "or" omitted vide H.P. Act No. 1 of 1974, effective from 28th July, 
1973. 
3.  Para (c) omitted vide H.P. Act No. 1 of 1974, effective from 28th July, 1973. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 7 
(c)  land of classes other than described in clauses (a) and (b) 
above including land under orchards-30 acres. 
(2) The permissible area for the purposes of clause (c) of sub-section 
(1) for the districts of Kinnaur and Lahaul and Spiti, Tehsil Pangi and Sub-
Tehsil Bharmaur of Chamba district, area of Chhota Bhangal and Bara 
Bhangal of Baijnath Kanungo Circle of Tehsil Palampur of Kangra district, 
and area of Dodra Kowar Patwar Circle of Rohru Tehsil and Pandrabis 
Pargana of Rampur Tehsil of Shimla district shall be 70 acres. 
(3) The permissible area of a family under sub-section (1) shall be 
increased by one-fifth of the permissible area under sub-sections (1) and (2) 
for each additional minor member of a family subject to the condition that the 
aggregate permissible area shall not exceed twice the permissible area of a 
family under sub-sections(1) and (2). 
(4) Every adult son 1[of a person] shall be treated as a separate unit 
and he shall be entitled to the land upto the extent permissible to a family 
under sub-sections (1) and (2) subject to the condition that the aggregate land 
of the family and that of the separate units put together shall not exceed twice 
the area permissible under the said sub-sections: 
Provided that where the separate unit owns any land, the same shall be 
taken into account for calculating the permissible area for that unit. 
2[(5) If a person holds land of two or more categories described in 
clauses (a), (b) and (c) of sub-section (1) and sub-section (2) of this section 
then the permissible area shall be determined on the following basis:- 
(i)  in the areas mentioned in sub-section (2) of this section one 
acre of land mentioned in clause (a) of sub-section (1) shall 
count as one and a half acres of land mentioned in clause (b) 
of sub-section (1) and seven acres of land mentioned in clause 
(c) of sub-section (1); 
(ii)  in the areas other than the areas mentioned in sub-section (2) 
of this section, one acre of land mentioned in clause (a) of 
sub-section (1) shall count as one and a half acres of land 
mentioned in clause (b) of sub-section (1), and three acres of 
land mentioned in clause (c) of sub-section (1): 
Provided that on the basis of ratio prescribed in clauses (i) and (ii), the 
permissible area shall be converted into the category of land mentioned in 
sub-section (2) and in clause (c) of sub-section (1) as the case may be, and the 
total area so converted shall not exceed 70 acres in case of clause (i) and 30 
acres in case of clause (ii)]. 
(6) Where a person is a member of the family, the land held by such 
 
1.  Substituted for the words "or daughter of a landowner" by H. P. Act No. 1 of 
1974, effective from the date of commencement of the Principal Act i.e. 19 of 
1973. 
2.  Sub-section (5) substituted vide H.P. Act No. 1 of 1974, effective from the date 
of commencement of the Principal Act i.e. 19 of 1973. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 8 
person together with the land held by all the members of the family shall be 
taken into account for the purpose of calculating the permissible area. 
5. Exemptions.- The provisions of this Act shall not apply to- 
(a)  lands owned by the State Government or the Central 
Government; 
(b)  lands belonging to registered Co-operative Farming Societies: 
Provided that the share of a member of such society, 
together with his other land, if any, does not exceed the 
permissible area; 
1[(c) lands belonging to Land Mortgage Banks, the State and 
Central Co-operative Banks and any other Banks. 
Explanation.- For the purpose of this clause `any other 
Banks' means a banking company as defined in section 5 of 
the Banking Regulation Act, 1949 (10 of 1949), and includes 
the State Bank of India constituted under the State Bank of 
India Act, 1955 (23 of 1955), as Subsidiary Bank as defined 
in the State Bank of India (Subsidiary Banks) Act, 1959 (38 
of 1959), and a "corresponding new bank" as defined in the 
Banking Companies (Acquisition and Transfer of 
Undertakings) Act, 1970 (5 of 1970), the Agricultural 
Refinance Corporation, and Agro-Industries Corporation, 
Agricultural Finance Corporation Ltd., a company 
incorporated under the Companies Act, 1956 (1 of 1956), and 
any other financial institution notified by the State 
Government in this behalf;] 
(d)  lands belonging to or vested in local authorities; 
2[Explanation: For the purpose of this sub-clause “local 
authority” means a Nagar Panchayat, Municipal Council, 
Municipal Corporation, Gram Panchayat, Panchayat Samiti, 
Zila Parishad, Board, Corporation, University or other 
statutory bodies constituted under any law made by the State 
Government or the Central Government;] 
3[(e)  and (f) XXXXXXXXXXXXXXXXX] 
(g)  tea estates; 
4[(h) land as is notified by the State Government being land which 
is held or to be acquired in any manner, by an industrial 
undertaking for a bonafide industrial use, or by a hydel 
project for a bonafide project use. In considering whether 
 
1.  Clause (c) substituted vide H.P. Act No. 1 of 1974, effective from 28th July, 1973. 
2.  Added vide H.P. Act No. 7 of 2000, effective from 28th July, 1973. 
3. Clauses (e) and (f) omitted vide H.P. Act No. 7 of 2000, effective from 28th July, 
1973. 
4. Clause (h) added vide H.P. Act No. 7 of 2000, effective from 28th July, 1973. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 9 
such land is so held or to be acquired, the State Government 
shall have regard to the extent and location of the land, if any, 
already held by the industrial undertaking or the hydel project 
including any land which it may already hold for industrial or 
project use and its genuine requirement for future expansion: 
Provided that if the State Government in the case of land 
notified under this clause is satisfied that the land has not 
been actually acquired or has not been actually put to use by 
the industrial undertaking or the hydel project within a period 
of two years (or such extended period not exceeding five 
years as the State Government may decide) from the date of 
notification issued under this clause, the State Government 
may, after making such enquiry as it thinks fit, by order 
published in the prescribed manner, direct that the land or any 
part thereof specified in the order shall, with effect from such 
date as is mentioned in the order, cease to be exempted land.] 
1[(i)  lands belonging to religious or spiritual bodies or 
organizations, propagating moral or secular teachings 
including eradication of casteism, alcoholism and drug 
addiction etc.: 
Provided that the exemption under this clause shall continue only as 
long as such land and structure, if any, is used for its purposes by such 
religious or spiritual bodies or organizations and the same shall not be 
transferred by way of sale, lease, gift, will, mortgage with possession or in any 
other manner by such bodies or organizations and in the event of 
contravention of the provisions of this clause, such land or structure or both, 
as the case may be, shall vest in the State Government free from all 
encumbrances.] 
6. Ceiling of land.- Notwithstanding anything to the contrary 
contained in any law, custom, usage or agreement, no person shall be entitled 
to hold whether as a landowner or a tenant or a mortgagee with possession or 
partly in one capacity and partly in another, the land within the State of 
Himachal Pradesh exceeding the permissible area on or after the appointed 
day. 
2[6-A. Change in use of land under tea estates.- Notwithstanding 
the provisions of clause (g) of section 5 of this Act where whole or any part of 
the land which is comprised in a tea estate, and irrespective of its being in 
excess of the permissible area prescribed under section 4 is identified to be 
exempted by the collector under section 10 of this Act, is put without the 
permission of the State Government to any other use than raising or 
maintenance of tea plantation or a purpose subservient to tea plantation, the 
provisions contained in this Act shall apply to such land so put to another use 
and it shall be treated as surplus area and shall be deemed to have been 
 
1. Clause (i) inserted vide H.P. Act No. 2 of 2014. 
2. Section (6-A) inserted vide H.P. Act No. 7 of 2000, effective from 28th July, 1973. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 10
acquired by the State Government for a public purpose on payment of amount 
determined under section 14 and all rights, title and interest (including the 
contingent interest, if any) recognised by any law, custom or usage for the 
time being in force of all persons in such area shall stand extinguished and 
such rights, title and interest shall vest in the State Government free from all 
encumbrances.] 
7. Certain transfers not to affect the surplus area.- (1) Except in 
the case of land acquired by the Union Government or the State Government 
under any law for the time being in force or by a tenant under the Pepsu 
Tenancy and Agricultural Lands Act, 1955 (13 of 1955), or the Punjab 
Security of Land Tenures Act, 1953 (10 of 1953), or 1[the Himachal Pradesh 
Tenancy and Land Reforms Act, 1972 (8 of 1974), no transfer by a person 
holding land in excess of the permissible area except a bonafide transfer after 
the appointed day shall affect the right of the State Government to the surplus 
area to which it would be entitled but for such transfers. 
(2) The Collector shall determine whether a transfer is bonafide or not 
and his decision shall be final: 
Provided that the burden of proving the transfer to be bonafide one 
shall be on the transferor: 
Provided further that if a person transfers any land in contravention of 
the provisions of this section, in case of vestment in the State, the land left 
with him after such transfer will be taken into account first and the transferred 
land will be taken into account only for making up of deficiency of land to be 
vested. 
2[7-A. Bar to transfer of land under tea estates.- (1) 
Notwithstanding anything to the contrary contained in any law, contract, 
agreement, custom or usage for the time being in force, and the provisions 
contained in clause (g) of section 5 of this Act no transfer of whole or part of 
the land under a tea estate and identified to be exempted under section 10 of 
this Act, shall be made by way of sale, gift, exchange, lease, mortgage with 
possession or creation of any tenancy or otherwise except with the permission 
of the State Government. 
(2) No Registrar or the Sub-Registrar appointed under the Indian 
Registration Act, 1908, (16 of 1908) shall register any document pertaining to 
the transfer of land which is in contravention of the provisions of sub-section 
(1) and such transfer, shall be void ab-initio and the land involved in such 
transfer, shall together with structures, buildings or other attachments, if any, 
vest in the State Government free from all encumbrances and such land shall 
be treated as surplus area under the provisions of this Act.] 
8. Selection of permissible area.- (1) Every person, who on the 
appointed day or at any time thereafter holds the land exceeding the 
 
1  Substituted for "The Himachal Pradesh Abolition of Big Landed Estates and Land 
Reforms Act, 1953" by Section 126 (c) of H.P. Act No. 8 of 1974. 
2.  Section (7-A) inserted vide H.P. Act No. 7 of 2000, effective from 28th July, 1973. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 11 
permissible area shall furnish to the Collector particulars of all his lands and 
that of the separate unit within a prescribed period and in the prescribed form 
and manner and stating therein the selection of land not exceeding in the 
aggregate the permissible area which he desires to retain: 
Provided that such person shall state in the return any transfer or other 
disposition of land made by him after the appointed day. 
(2) If the whole or a part of the land selected under sub-section (1) is 
under tenants, the land-owner shall not be entitled to eject the tenants there 
from except on the grounds given in the tenancy laws for the time being in 
force in the State of Himachal Pradesh. 
Explanation I.- Where the person is a member of the family, he shall 
include in his declaration particulars of land held by him and also of land, if 
any, held by other members of the family. 
Explanation II.- In calculating the extent of land owned or held by a 
person, the share of such person in undivided family, registered farming co-
operative society or a company shall be taken into account. 
(3) In making a selection of his permissible area under sub-section 
(1), the land-owner may also select land for a separate unit: 
Provided that the land selected for the separate unit, after adding the 
land owned on or after the appointed day by such unit, shall not exceed the 
permissible area. 
9. Declaration supported by affidavits to be furnished by certain 
land owners and tenants.- (1) Every person required to furnish a return 
under section 8 whose land is situated in more than one patwar circle shall 
furnish to the Collector within a prescribed period a declaration supported by 
an affidavit in respect of the land owned or held by him in such form and 
manner as may be prescribed. 
(2) If a person fails to select the permissible area in accordance with 
the provisions of section 8, the Collector may after collecting the information 
in such manner as he may deem fit, by order select the permissible area of 
such person: 
Provided that no such order shall be made without giving the person 
concerned an opportunity of being heard. 
10. Submission of statement to Collector.- (1) On the basis of the 
information given in the return under section 8 or the declaration furnished 
under sub-section (1) of section 9 which shall be duly verified through such 
agency as may be prescribed or the information obtained by the Collector 
under sub-section (2) of section 9, the Collector shall prepare a draft statement 
in the manner prescribed showing among other particulars the total area of 
land owned or held by such a person the specific parcels of land which a 
person may retain by way of permissible area or exemption from ceiling and 
also the surplus area. 
(2) The draft statement shall be published in the office of the 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 12
Collector and a copy thereof shall be served upon the person or persons 
concerned in the form and manner prescribed. Any objection received within 
30 days of the service shall be duly considered by the Collector and after 
affording the objectors an opportunity of being heard, the Collector shall pass 
such order as he may deem fit. 
(3) A draft statement shall be made final in terms of the order of 
Collector or the order, if any, passed in appeal, revision or review, as the case 
may be. 
11. Vesting of surplus area in the State Government.- The surplus 
area of a person shall, on the date on which possession thereof is taken by or 
on behalf of the State Government be deemed to have been acquired by the 
State Government for a public purpose on payment of amount hereafter 
provided and all rights, title, and interests (including the contingent interest, if 
any), recognised by any law, custom or usage for the time being in force, of 
all persons in such area shall stand extinguished and such rights, title and 
interests shall vest in the State Government free from any encumbrance : 
Provided that where any land within the permissible area of the 
mortgagor is mortgaged with possession and falls within the surplus area of 
the mortgagee, only the mortgagee rights shall be deemed to have been 
acquired by the State Government and the same shall vest in it. 
12. Power to take possession of surplus area.- (1) The Collector 
may, by order in writing, at any time after an area becomes surplus, direct the 
person in possession of such area or deliver possession thereof within ten days 
of the service of the order on him to such person as may be specified in the 
order. 
(2) If the person in possession of surplus area refuses or fails without 
reasonable cause to comply with the order made under sub-section (1), the 
Collector may take possession of the surplus area and may for that purpose 
use such force as may be necessary. 
13. Power to separate shares of land-owners.- (1) Where a land 
owner owns land jointly with other land-owners and his share of such land or 
part thereof has been, or is to be, declared as surplus area, the officer 
competent to declare such area, or where such area has been declared, the 
officer, competent to utilize it, may on his own motion, after summary enquiry 
and affording to the persons interested in such land an opportunity of being 
heard, separate his share of such land or part thereof in the land owned by him 
jointly with other land-owners. 
(2) Where, after the declaration of the surplus area of any person and 
before the utilization thereof, his land has been subjected to the process of 
consolidation, the officers referred to in sub-section (1) shall be competent to 
separate the surplus area of such person out of the area of land obtained by 
him after consolidation. 
14. Principle for determination and payment of amount.- (1) 
Where any surplus area has vested in the State Government under section 11, 
the Collector shall determine the amount payable therefor in accordance with 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 13 
the principles hereinafter set out, that is to say- 
(i)  for the land upto ten acres, ninety-five times the land revenue 
(including rates and cesses); 
1[(ii) for the land in excess of 10 acres and below 30 acres, 
seventy-five times the land revenue (including rates and 
cesses);] and 
(i) for the remaining land, forty-five times the land revenue 
(including rates and cesses);  
payable for such land : 
Provided that if the holding or part thereof comprising surplus area is 
not assessed to land revenue the land revenue on such land shall be construed 
to be assessed as on similar land in the estate and if not available in the estate 
then the adjoining estate or estates, as the case may be: 
Provided further that the waste land shall be treated as banjar land for 
the purpose of assessment of land revenue and determination of an amount. 
(2) For the purpose of sub-section (1), the Collector shall prepare a 
statement of the amount in such form and manner as may be prescribed and 
shall after following the prescribed procedure apportion the amount amongst 
the persons having interests in the land. 
(3) Wherein the surplus area of any person mortgagee rights have 
vested in the State Government, the amount payable to the mortgagee shall be 
mortgage money due to the mortgagee, or the amount payable under this 
section, whichever is less. 
(4) Where on the land there is any building, structure or tube-well or 
crop, the owner thereof shall, in addition to the amount payable in respect of 
the land, be entitled to be paid by the State Government an amount therefor 
which shall be 50% of the market price of such building, structure, or 
tubewell. The landowner shall be entitled to harvest the crop standing on the 
surplus area. 
(5) The amount shall be payable either in lump sum or in six monthly 
instalments not exceeding ten in the manner prescribed. 
15. Disposal of surplus area.- (1) The surplus area which has vested 
in the State Government under section 11 shall be at the disposal of the State 
Government. 
2[(2) The State Government may, by notification in the Official 
Gazette, frame a scheme for utilising the surplus area vested in the State 
Government by allotment- 
(a)  to a landless person 3[a victim of natural calamities] or any 
 
1. Substituted by H.P. Act No. 1 of 1974, effective from 28th July, 1973. 
2  Sub-section (2) substituted vide H. P. Act No. 11 of 1987, effective from 28th 
July, 1973. 
3  Added vide H.P. Act No. 7 of 2000. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 14
other eligible person;  
(b)  for allotment of a site to a handicapped or houseless person 
for the construction of a house;  
and the allottee shall pay amount- 
(i)  for the land allotted to him, at the rate of ninety-five times the 
land revenue plus rates and cesses, thereof; and 
(ii)  for building, structure or tube-well, if any, at 50% of the 
market price of such building, structure or tube-well : 
Provided that if the holding or part thereof comprising surplus area is 
not assessed to land revenue, the land revenue on such land shall be construed 
to be assessed as on similar land in the estate and if not available in the estate 
then on the adjoining estate or estates, as the case may be : 
Provided further that the waste land shall be treated as `banjar' land 
for the purposes of assessment of land revenue and determination of the 
amount.] 
1[(2-A) For making the allotment of the surplus land under sub-
section (2), the first preference among landless persons shall be given to the 
members of Scheduled Castes and Scheduled Tribes.] 
(3) Any scheme framed by the State Government under sub-section 
(2) may provide for the terms and conditions on which the land comprised in 
surplus area is to be allotted. 
(4) The State Government may, by notification in the Official 
Gazette, add to amend, vary or revoke any scheme made under this section. 
2Explanation.- For the purposes of this section, the expression 
“natural calamities” shall mean and include calamities caused by floods, 
earthquakes, land-slides, avalanches, snow-storms, hail storms, fire, excessive 
rains, cloud burst, wind storms and lightening.] 
3[15-A. Utilization of land for development of the State.- 
Notwithstanding anything contained in section 15 of the Act, the State 
Government may utilise any area of the land vested in it under this Act 4[by 
transfer by way of lease or exchange to any person] or by transfer to any 
Department of the Government in the interest of the development of the State, 
if the State Government is satisfied that there are sufficient reasons to do so: 
Provided that when land is not used by a person for the purpose for 
which it has been leased, the lease shall stand terminated free from all 
encumbrances and the Government shall re-enter in the demised premises, and 
the lease money, if paid to the Government, shall be forfeited and no person 
shall be entitled to any compensation for any improvement made and for any 
 
1  Inserted vide H.P. Act No. 1 of 1974, effective from 28th July, 1973. 
2  Explanation added vide H.P. Act No. 7 of 2000. 
3  Section 15-A added vide H.P. Act No. 11 of 1987, effective from 28th July, 1973 
4 . Substituted for the words “by lease to any person” vide H.P. Act No. 7 of 2000. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 15 
building constructed thereon.] 
16. Bar of future acquisition of land in excess of permissible area.- 
Notwithstanding anything to the contrary in any law, custom, usage, contract 
or agreement, from and after the commencement of this Act, no person 
whether as landowner or tenant or a mortgagee with possession shall acquire 
or possess by transfer, exchange, mortgage, lease, agreement or settlement 
any land, which with or without the land already owned or held by him, shall 
in the aggregate exceed the permissible area. 
17. Future acquisition of land by inheritance or otherwise in 
excess of permissible area or increase in such area as a result of operation 
of this Act.- (1) Subject to the provisions of section 15, if after the 
commencement of this Act, any person, whether as landowner or tenant, 
acquires by inheritance or by bequest or gift from a person to whom he is an 
heir of any land, any person has acquired by transfer, exchange, lease, 
agreement or settlement any land, or if, after such commencement, any person 
acquires in any other manner any land, which, with or without the lands 
already owned or held by him, exceeds in the aggregate the permissible area 
or any person whose land exceeds the permissible area as a result of the 
operation of any provision of this Act, then he shall, within the period 
prescribed, furnish to the Collector, a return in the prescribed form and 
manner giving the particulars of all lands and selecting the land not exceeding 
in the aggregate the permissible area which he desires to retain, and if the land 
of such person is situate in more than one patwar circle, he shall also furnish a 
declaration required by section 9. 
(2) If he fails to furnish the return and select his land within the 
prescribed period, then the Collector may in respect of him obtain the 
information required to be shown in the return through such agency as he may 
deem fit and select the land for him in the manner specified in sub-section (1) 
of section 8. 
(3) If such person fails to furnish the declaration, the provisions of 
1[section 9] shall apply. 
(4) The excess land of such person shall be at the disposal of the State 
Government for utilisation as surplus area under section 15 or for such other 
purpose as the State Government may by notification direct. 
Explanation.- In the case of family, the return may be furnished by 
any adult member, of the family and in the case of the sole minor by his 
guardian : 
Provided that the Collector shall, before determining the surplus area, 
give to all the members of the family an opportunity of being heard. 
2[17-A. Treatment of certain transfers and change of use of lands 
exempted under section 5.- (1) The Collector shall call for, from the revenue 
 
1.  Substituted for the words and figures "section 8" vide H. P. Act No. 1 of 1974, 
effective from 28th July, 1973. 
2.  Inserted vide H.P. Act No. 7 of 2000. 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 16
officers in his district, the record of transfers of lands made, after the 
appointed day but before the commencement of the Himachal Pradesh Ceiling 
on Land Holdings (Amendment) Act, 1999 by way of sale, mortgage, gift or 
otherwise in respect of any land comprised in any tea estate, whether under a 
tea plantation or held for other purposes subservient to a tea plantation and 
exempted under clause (g) of section 5 of the Act and the rules framed 
thereunder, and examine such record for satisfying himself as to the legality or 
propriety of such transfer. 
(2) Where either on examination of the record under sub-section (1) 
or in consequence of definite information which may come into his 
possession, and after making such enquiry, as he may deem fit, the collector is 
satisfied that the transfer of land has been made or land has been put to some 
other use, as a result of fraud or concealment of facts or is detrimental to the 
interests of the tea plantation/industry, he shall, at any time within two years 
following the commencement of the Himachal Pradesh Ceiling on Land 
Holdings (Amendment) Act, 1999, declare such transfer or change of use of 
land as illegal and void: 
Provided that no order under this sub-section shall be passed by the 
Collector without affording an opportunity of being heard, in the case of the 
transfer of land to the parties to such transfer, and in the case of change of 
land use to the land owner. 
(3) Where the change of land use has been declared as illegal under 
sub-section (2), the Collector shall direct the land owner to restore within such 
period, not exceeding one year, as may be fixed by him, the user of the land 
for tea plantation or for the purpose subservient to tea plantation i.e. the 
purpose on account of which it has been exempted from the provisions of the 
Act under clause (g) of section 5 of the Act, failing which such land shall be 
taken into account for the purpose of determining the permissible area under 
section 4 of the Act. 
(4) Where any transfer of land has been declared void under sub-
section (2), all rights, title and interests, including the contingent interests, if 
any, of the land owner and of any other person/transferee in such transferred 
land, notwithstanding anything to the contrary contained in any other law for 
the time being in force or in any agreement, instrument, custom or usage shall 
stand extinguished and all such rights, title and interests shall vest in and shall 
stand transferred to the State Government together with structures, buildings 
or other attachments, if any, free from all encumbrances and the person in 
possession of such land shall be liable to ejectment under the provisions of 
section 163 of the Himachal Pradesh Land Revenue Act, 1954, and such a 
person shall be entitled only to such amount in lieu of such land as would 
have been determined and payable to him under the Act, as if such land was in 
excess of the permissible area and had vested in the State Government under 
section 11: 
Provided that in exceptional cases of hardship, the Collector, with the 
prior approval of the State Government and for reasons to be recorded in 
writing, may, in lieu of the transfer and vestment of any structure, building or 
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 17 
other attachments together with the land thereunder, order the transfer and 
vestment free from all encumbrances of any other land, equivalent to the land 
covered under the aforesaid structure, building or attachment thereto, out of 
the permissible area of such a land owner who has transferred the land.] 
18. Bar of jurisdiction.- (1) No civil court shall have jurisdiction to- 
(a)  entertain or proceed with a suit for specific performance of a 
contract for transfer of land which affects the rights of the 
State Government to the surplus area under this Act; or 
(b)  settle, decide or deal with any matter which is under this Act 
required to be settled, decided or dealt with by the Financial 
Commissioner, the Commissioner, the Collector. 
(2) No order of the Financial Commissioner, the Commissioner or the 
Collector made under or in pursuance of this Act, shall be called in question in 
any court. 
19. Mode of recovery of amount and penalty.- The amount of other 
sum payable under this Act and the amount of any penalty imposed under this 
Act may be recovered as an arrear of land revenue. 
20. Appeal 1[xxxv] and revision.- (1) Any person aggrieved by any 
decision or order of the Collector may within sixty days from the date of the 
decision or order prefer an appeal to the Commissioner: 
Provided that the Commissioner may entertain the appeal after the 
expiry of the said period of sixty days if he is satisfied that the appellant was 
prevented by sufficient cause from filing the appeal in time. 
(2) Any person aggrieved by an order of the Commissioner made 
under sub-section (1), may, within ninety days from the date of the order, file 
a revision petition before the Financial Commissioner so as to challenge the 
legality or propriety of such order and the Financial Commissioner may pass 
such order as he may deem fit. The order of the Financial Commissioner shall 
be final. 
(3) Notwithstanding anything contained in the foregoing sub-sections, 
the Financial Commissioner may at any time call for the record of any 
proceedings or order of any authority subordinate to him for the purpose of 
satisfying himself as to the legality or propriety of such proceedings or order, 
and may pass such order in relation thereto as he may deem fit. 
21. Officers holding enquiries to have powers of civil courts.- Any 
officer or authority holding an enquiry or hearing an appeal or a revision 
under this Chapter shall have the powers of a civil court under the Code of 
Civil Procedure, 1908 (5 of 1908), relating to- 
(a)  proof of facts by affidavits; 
(b)  enforcing attendance of any person and his examination on 
oath; 
 
1.  The sign and word “Review” omitted vide H.P. Act No. 7 of 2000.  
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 18
(c)  production of documents; 
(d)  issue of commission; 
and every such officer or authority shall be deemed to be a civil court 
within the meaning of sections 480 and 482 of the Code of Criminal 
Procedure, 1898 (5 of 1898). 
22. Penalty for making false statement.- (1) If any person fails to 
furnish a declaration as required by section 9 or during the course of any 
proceeding under this Chapter makes a declaration or statement or furnishes 
any information which is false or which he knows or has reasons to believe to 
be false or which he does not believ

Excerpt shown. Open the full act in Lexace.

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