LexThe Himachal Pradesh Kutlehar Forest (Acquisition of Management) Act, 1992
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITION
OF MANAGEMENT) ACT, 1992
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Grant to which Act applies.
4. Vesting of the rights of grantee in Government a nd extinction
of rights in grant.
5. Amount to be paid by the Government.
6. Manner of payment of net amount.
7. Deductions from gross amount.
8. Transfer of services of existing employees.
9. Power of entry.
10. Duty to deliver possession of properties.
11. General effect of vesting.
12. Effect of transactions not bonafide.
13. Arbitration.
14. Penalties.
15. Cognizance of offences.
16. Protection of action taken in good faith.
17. Power to make rules.
SCHEDULE
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THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITION
OF MANAGEMENT) ACT, 1992
(ACT NO. 19 OF 1992)
1
(Received the assent of the President on the 6 th September, 1992 and
was published both in Hindi and English in the Rajp atra, Himachal Pradesh
(Extra-ordinary), dated the 23 rd September, 1992, pp. 2993-3010).
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Ext ra-ordinary), dated 28 th
March, 1992, pp 1709 and 1719.
2 THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITIO N OF
MANAGEMENT) ACT, 1992
Amended Repealed or otherwise affected by :
H.P. Act No. 3 of 1995 1, assented to by the President of India on
22 nd February, 1995, published in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 10 th March,
95, pp. 999-1002.
An Act to provide for the acquisition of management , supervision and
control of the Kutlehar Forest and ancillary matters thereto.
Preamble:- WHEREAS, the Ex-chief or the ruler of the erstwhile
princely estate of Kutlehar has been allowed to man age the Kutlehar Forest
and to appropriate portion of the income derived th erefrom as managerial
charges;
AND WHEREAS, such management, if allowed to continue, will result
in heavy loss to the Government and huge un-earned profits to the individuals;
AND WHEREAS, for the purpose of securing the princi ples laid down
in clauses (b) and (c) of Article 39 of the Constit ution of India, it is necessary
in the public interest that such undue profits to a few persons are utilised for
the common benefit of the general public.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Forty-third Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the
Himachal Pradesh Kutlehar Forest (Acquisition of Management) Act, 1992.
(2) It shall come into force on such date 2 as the State Government may,
by notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date on which this Ac t comes into
force;
(b) "grant" means the management of Kutlehar Forest permitted
by the Government;
(c) "grantee" means the person in whose favour a gr ant has been
made and includes his heirs, successors and assignees;
(d) "Kutlehar Forest " means the forests and waste lands which,
on the appointed day are under the management and c ontrol
of the Superintendent, Kutlehar Forest and are more
specifically described in the Schedule to this Act.
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Prad esh (Extra-ordinary), dated
19 th September, 1994, pp. 2440 and 2442.
2. Act came into force from 11 th day of March, 1995 vide Notification. No. VAN(A)
4-3/91-Vol.-II, dated 10 th March, 1995, published in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 10 th March, 1995, pp. 997-998.
THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITION OF 3
MANAGEMENT) ACT, 1992
Explanation.-For the purposes of this clause the
Superintendent, Kutlehar Forest means the Ex-chief or ruler
of a princely estate of Kutlehar appointed by the G overnment
as the Superintendent, Kutlehar Forest and includes his heirs,
successors and assignees;
(e) "prescribed" means prescribed by rules made und er this Act.
3. Grant to which Act applies.- This Act shall apply to all grants of
management, supervision or control over forest and waste lands made or
granted by or on behalf of the Government in favour of the Ex-chief or Ex-
ruler of a princely estate of Kutlehar which contain all or any of the following
terms and conditions, namely:-
(a) the grantee may manage the forests and appropri ate part of
the income derived therefrom as managerial charges ;
(b) the grantee may appropriate for his own use tr ees standing, or
other forest produce derived therefrom subject to the payment
of royalty at the rates, specified in the deed or r evenue or
forest settlement records evidencing such grant, in respect of
the timber or forest produce, as the case may be, t aken out of
the land;
(c) tree value at a nominal rate has to be paid whe n the land is
cleared; and
(d) the grantee is not liable to pay any assessment or rent or he is
liable to pay only nominal assessment or rent for the grant.
4. Vesting of the rights of grantee in Government and extinction
of rights in grant.- Notwithstanding anything contained in any law for t he
time being in force, or in any contract or in any j udgement, decree or order of
any Court, with effect from the appointed day,-
(i) The grant shall stand extinguished and any serv ice or
obligation attached to such land shall stand abolished; and the
grantee shall have no liability to perform any cond ition or
obligation to render any service/ attached to such grant ;
(ii) all rights, title and interest of the grantee in the forests or
waste lands held by him, shall vest in the Governme nt free
from all encumbrances.
1[5. Amount to be paid by the Government.- (1) In consideration of
the vesting in the Government the right, title and interest of any person under
section 4, the Government shall, subject to the pro visions of this Act, pay to
such person an amount equivalent to the net income, after deduction of all
lawful expenses incurred by him in the management, accrued to him during
1. Section 5 substituted vide H.P. Act No. 3 of 199 5.
4 THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITIO N OF
MANAGEMENT) ACT, 1992
the five financial years, preceding immediately the Publication of this Act in
the Official Gazette, in five annual equal instalments.
(2) The amount payable under sub-section (1) shall be paid on the 1 st
day of June, every year for a period of five years from the appointed day and
shall bear interest at the rate of 10 per cent per annum from the date such
amount becomes payable till the date of payment.]
6. Manner of payment of net amount.- (1) The Government shall
appoint, by order in writing, a person having adequ ate knowledge and
experience in matters relating to accounts, as Spec ial Officer to assess the net
amount payable under this Act by the Government to the grantee, after
making deductions mentioned in section 7.
(2) The Special Officer may call for the assistance of such Officers
and staff of the Government as he may deem fit in a ssessing the net amount
payable.
(3) Where the gross amount payable to the grantee i s equal to or less
than the total amount to be deducted under section 7 no payment shall be
made to such person by the Government.
(4) If there is any difference or dispute regarding assessment of the
amount the same shall be determined by the arbitrator under section 13.
7. Deductions from gross amount.- The Government shall be
entitled to deduct the following sums from the gros s amount payable under
this Act to the grantee, namely :-
(a) the amount, if any, already paid in advance;
(b) the amount, if any, which the Government are en titled to
deduct under section 12 ;
(c) the amount due, if any, including interest ther eon, from such
person, to the Government before the appointed day ;
(d) the amount, if any, relating to debts ; mortgag es or obligations
as mentioned in sub-section (2) of section 11 :
Provided that before making any deduction under thi s section, the
grantee, shall be given a notice to show cause agai nst such deductions, within
a period of thirty days from the date of receipt of such notice.
8. Transfer of services of existing employees.- (1) Every whole
time employee who was on or before the 16
th day of March, 1992, appointed
or employed in connection with the management of the Kutlehar Forest Estate
and has been continued to be so appointed or employ ed on the appointed day
in connection with the said management, the right o f management of which
has been acquired under this Act, shall, on the app ointed day, become an
employee of the Government and shall hold his offic e by the same tenure, at
the same remuneration and upon same terms and conditions and with the same
rights and privileges as to pension, gratuity and o ther matters as would have
THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITION OF 5
MANAGEMENT) ACT, 1992
been admissible to him if the management of the Kutlehar Forest has not been
transferred to and vested in the Government and shall continue to do so unless
and until his employment under the Government is duly terminated or until his
remuneration or terms and conditions of service are duly altered by the
Government :
Provided that the conditions of service applicable immediately before
the appointed day to the case of any person referred to in this sub-section shall
not be varied to his disadvantage.
(2) If any question arises as to whether any person was a wholetime
employee in or in connection with the management of the Kutlehar Forest
immediately before the appointed day, the question shall be referred, within a
period of one year from the appointed day, to an of ficer of the Government,
who shall not be lower in rank of the Divisional Co mmissioner and that
officer shall, after giving a reasonable opportunit y of being heard to the
person concerned in the matter, decide it in such m anner as he thinks fit and
such decision shall be final.
(3) Notwithstanding anything contained in the Indus trial Disputes
Act, 1947 (14 of 1947), or, in any other law for th e time being in force, the
transfer of the services of an employee employed in or in connection with the
management of the Kutlehar Forest to the Government shall not entitle such
employee to any compensation under that Act or any other law for the time
being in force and no such claim shall be entertain ed by any court, tribunal or
other authority.
9. Power of entry.- An employee of the Government, authorised in
this behalf by general or special order by the Gove rnment, or the Special
Officer appointed under section 6 may, at any time, after giving the grantee or
any other person in possession of such forests and waste lands a reasonable
notice, enter upon any land or premises in his poss ession and make any
survey, examination or investigation, preliminary or incidental to the purposes
of this Act.
10. Duty to deliver possession of properties.- (1) Where any
property in relation to management of Kutlehar Forest has been transferred to
and vested in the Government under this Act,-
(a) every person in whose possession, custody or co ntrol any such
property may be, shall, on demand by the Government or an
officer authorised in this behalf, deliver to the G overnment or to
such officer, as the case may be, forthwith;
(b) any person who, immediately before such vesting , has, in his
possession, custody or control, any books, document s or other
papers, relating to the management of the Kutlehar Forest or grant
shall be liable to account for the said books, docu ments and
papers to the Government and shall deliver them up to the
Government or to such person as the Government may authorise
in this behalf.
6 THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITIO N OF
MANAGEMENT) ACT, 1992
(2) Without prejudice to other provisions contained in this section it
shall be lawful for the Government to take all nece ssary steps for taking
possession of all properties, which have been trans ferred to and vested in it
under this Act.
11. General effect of vesting.- (1) The property vested in the
Government under section 4 shall be deemed to inclu de the properties rights,
liabilities and obligations specified below, namely:-
(i) all the fixed assets of the grantee in relation to the
management of the Kutlehar Forest and all documents
relating thereto;
(ii) all rights, liabilities and obligations of the grantee in relation
to the grant or management under any contract enter ed into
bonafide before the appointed day, not being contract relating
to the borrowing or lending money, or to the employ ment of
staff.
(2) All the assets specified in clause (i) of sub-section (1) shall vest in
the Government free from any debts, mortgages or si milar obligations of the
grantee or attaching to the management of the Kutlehar forest :
Provided that such debts, mortgages or obligations shall attach to the
amount payable under this Act to the grantee.
(3) It shall be lawful for the Government or any of ficer authorised by
it, to take possession of the entire management or property or, as the case may
be, the fixed assets and of all documents relating to such management, or
property, which the Government may require for its management, after
removing any obstruction, if any, that may be offered.
12. Effect of transactions not bonafide.- Where the Government is
of opinion that the grantee or any other person has on or after the appointed
day disposed of any fixed asset, whether by way of sale, exchange, gift, lease
or otherwise, or incurred any expenditure, liabilit y or obligation otherwise
than in the normal course of events, with a view to benefit unduly such person
and thereby caused loss to the Government as succee ding owners of the
property, the Government shall be entitled to deduct from the amount payable
to the grantee under this Act, an amount which they consider to be the loss
sustained by them:
Provided that before making such deduction, the gra ntee shall be
given a notice to show cause against such deductions, within a period of thirty
days from the date of receipt of such notice.
13. Arbitration.- (1) Where any dispute arises in respect of any of
the matters specified below, it shall be determined by an arbitrator appointed
by the Government, who shall be a sitting or retire d District or High Court
Judge,-
THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITION OF 7
MANAGEMENT) ACT, 1992
(a) whether the amount determined by the Special Officer
and payable in consideration of extinguishment of r ights in
the Kutlehar Forest is in conformity with the provi sions of
section 6 of Act;
(b) whether property belonging, or any right, liabi lity or
obligation attaching, to the grantee vests in the Government;
(c) whether any agreement or other contract referre d to in section
12 has been entered into bonafide or not.
(2) Subject to the provisions of this section, the provisions of the
Arbitration Act, 1940 (10 of 1940) shall apply to a ll arbitrations under this
Act.
14. Penalties.- Any person who,-
(a) having in his possession, custody or control an y property
forming part of the grant wrongfully withholds such property
from the Government ; or
(b) wilfully withholds or fails to furnish to the G overnment, or
any person authorised in this behalf by the Governm ent, any
books, documents, papers relating to the grant whic h may be
in his possession, custody or control; or
(c) fails to deliver to the Government any assets, books of
accounts, registers or other documents in his posse ssion,
custody or control relating to the grant; or
(d) wrongfully obtains possession of, or retains an y property
forming part of the grant; or
(e) wrongfully removes or destroys any property for ming part of
the grant; or
(f) wrongfully uses any property forming part of th e grant,
shall be punishable with imprisonment for a term wh ich may extend
to two years or with fine which may extend to ten t housand rupees, or with
both.
15. Cognizance of offences.- (1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court shall
take cognizance of any offence under this Act excep t on a complaint in
writing made by the Government, or any officer auth orised in that behalf by
the Government.
(2) Notwithstanding anything contained in section 29 of the Code of
Criminal Procedure, 1973 (2 of 1974), it shall be l awful for any Magistrate of
the First Class, specially empowered by the Governm ent in this behalf, to
impose a sentence of fine exceeding five thousand r upees when awarding
punishment under section 14.
8 THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITIO N OF
MANAGEMENT) ACT, 1992
16. Protection of action taken in goods faith.- No suit, prosecution
or other legal proceeding shall lie against the Government or any employee of
the Government, or the Special Officer appointed un der section 6, in respect
of anything which is in good faith done or intended to be done in pursuance of
this Act or any rule or order made thereunder.
17. Power to make rules.- (1) The Government may, by notification
in the Official Gazette, make rules to carry out the purposes of this Act.
(2) The rules under this section shall be made subj ect to the condition
of previous publication.
(3) Every rule made under this Act shall be laid, a s soon as may be
after it is made, before the Legislative Assembly for a period of 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 i t is so laid or the session
immediately following, the Legislative Assembly mak es any modification in
the rule or decides that the rule should not be mad e, the rule, shall thereafter
have effect only in such modified form or be of no effect , as the case may be,
so, however, that any such modification or annulmen t shall be without
prejudice to the validity of anything previously done under that rule.
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SCHEDULE
[See section 2(d)]
DESCRIPTION OF THE FORESTS INCLUDED IN THE
KUTLEHAR FORESTS
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Sl. No. Name of Forests
1. 2.
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DEMARCATED PROTECTED FORESTS:
District: HAMIRPUR
(1) THETHU
(2) CHATRAH
(3) BAN MASLANA
(4) CHELLI-SAT RUKHA
(5) SASAL
District: UNA
(6) PANIALA
(7) THAPAL
(8) BORU
(9) RAMGARH-WARLA
THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITION OF 9
MANAGEMENT) ACT, 1992
(10) RAMGARH-PARLA
(11) TANDA
(12) KANURA
(13) SOLA SINGHI AND BHIAMBI
(14) CHARARA
(15) BAN DHANET
(16) KARIARA
(17) CHAROLI
(18) SARKARU AND GHOR PLANI
(19) OEL-DA-BAN
(20) BEALA
(21) DHIUNSAR
(22) AKOI-DI-DHAR
(23) CHANGRERI
(24) THANA DULEHRI
(25) TANDA BAGWAIN
(26) TIRA AGHLAUR
(27) BUSAL
(28) GHUGAN KAKRANA
(29) KAWARI
(30) MAU
(31) KATOH
(32) AMROH
(33) ATIA
(34) CHAUKI MANIAR
(35) JOL
(36) KHARIAN
(37) CHAOLI
(38) CHAPLAH GARLAN
(39) SOHARI BADUHA
(40) SARI
(41) CHAPLAH-KUTLEHRIAN
10 THE HIMACHAL PRADESH KUTLEHAR FOREST (ACQUISITI ON OF
MANAGEMENT) ACT, 1992
(42) BHARMAUT
(43) CHHATEHR
(44) BHIAMBI
(45) SUKRIAL
(46) MATOH
(47) KOT
(48) CHAMIARI
(49) BASATAR
UNDEMARCATED PROTECTED FORESTS :
District : UNA
(1) MACHHAHLI
(2) DHAR CHAMUKHA
(3) KOTLA
(4) ARLOO
(5) SOLASINGI
(6) MOMANIAR
(7) CHAUKIMANIAR
(8) BEH
(9) KHARIALTA
(10) DHANET
(11) HEROO
(12) DHIUNGLY
(13) THARRA
(14) TIRA
District : HAMIRPUR
(15) GIARAN-GRAN
(16) PANJ-GRAN
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