LexThe Himachal Pradesh Tenancy and Land Reforms Act, 1972
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this act THE HIMACHAL PRADESH TENANCY AND LAND REFORMS
ACT, 1972
ARRANGEMENT OF SECTIONS
CHAPTER I
PRELIMINARY
Sections:
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
RIGHT OF OCCUPANCY
3. Tenants having right of occupancy.
4. Right of occupancy in land taken in exchange.
5. Establishment of right of occupancy on grounds other than those
expressly stated in the Act.
6. Right of occupancy not to be acquired by joint owner in land held
in joint ownership.
7. Continuance of existing rights of occupancy.
8. Right of occupancy not to be acquired by mere lapse of time.
CHAPTER III
RENT GENERALLY
9. Respective rights of landowner and tenant to produce.
10. Commutation of rent payable in kind.
11. Disposal of applications.
12. Repealed.
13. Collection of rents of undivided property.
PRODUCE RENTS
14. Resumption with respect to produce removed before division or
appraisement.
15. Appointment of referee for division or appraisement.
16. Appointment of assessors and procedure of referee.
17. Procedure after division or appraisement.
GENERAL PROVISIONS RELATING TO SUITS FOR
REDUCTION OF RENT
18. Reduction of rents.
19. Time for reduction to take effect.
MAXIMUM RENT
20. Maximum limit for rent.
ADJUSTMENTS OF RENTS
21. Adjustment of rents expressed in terms of the land revenue.
ALTERATION OF RENT ON ALTERATION 0F AREA
22. Alteration of rent an alteration of area.
2 H.P. TENANCY AND LAND REFORMS ACT, 1972
REMISSION
23. Remission of rent by Court decreeing arrears.
24. Remission and suspension of rent consequent on like treatment of
land revenue.
25. Duty of landowner to furnish receipt for rent received from tenant.
DEPOSITS
26. Power to deposit rent in certain cases with Revenue Officer.
27. Effect of depositing rent.
RECOVERY OF RENT FROM ATTACHED PRODUCE
28. Recovery of rent from attached produce.
LEASES FOR PERIOD EXCEEDING TERMS OF
ASSESSMENT OF LAND REVENUE
29. Treatment of leases for period exceeding or equal to term of
assessment of land revenue.
CHAPTER IV
LEASE, RELINQUISHMENT AND EJECTMENTLEASE
30. Leases.
RELINQUISHMENT
31. Relinquishment by tenant for a fixed term.
32. Repealed.
33. Repealed.
EJECTMENT
34. Grounds of ejectment of tenants.
35. Certain mortgagees to be deemed as tenants under the Act.
36. Tenant’s rights to water.
PROCEDURE ON EJECTMENT
37. Restriction on ejectment.
38. Application to Revenue Officer for ejectment.
39. Ejectment for failure to satisfy decree for arrear of rent.
GENERAL PROVISIONS RESPECTING EJECTMENT
40. Time for ejectment.
41. Relief against forfeiture.
42. Rights of ejected tenants in respect of crops and land prepared for
sowing.
RELIEF FOR WRONGFUL DISPOSSESSION
43. Relief for wrongful dispossession or ejectment.
44. Penalty for wrongful dispossession.
CHAPTER V
SUCCESSION
45. Succession to right of tenancy.
CHAPTER VI
IMPROVEMENTS AND COMPENSATION
46. Right of tenants to make improvement on land.
3 H.P. TENANCY AND LAND REFORMS ACT, 1972
47. Improvements made before commencement of this Act.
48. Improvements begun in anticipation of ejectment.
49. Liability to pay compensation for improvements to tenant on
ejectment or an enhancement of his rent.
50. Compensation for disturbance of clearing tenants.
PROCEDURE IN DETERMINING COMPENSA TION
51. Determination of compensation by Revenue Courts.
52. Determination of compensation by Revenue Officer.
53. Matters to be regarded in assessment of compensation for
improvements.
54. Form of compensation.
RELIEF IN CASE OF EJECTMENT BEFORE
DETERMINATION OF COMPENSATION
55. Relief in case of ejectment before determination of compensation.
CHAPTER VII
JURISDICTION AND PROCEDURE
JURISDICTION
56. Revenue Officers.
57. Application and proceedings cognizable by Revenue Officers.
58. Revenue courts and suits cognizable by them.
PROCEDURE WHERE REVENUE MATTER IS
RAISED INA CIVIL COURTADMINISTRATIVE
CONTROL
59. Superintendence and control of Revenue Officers and Revenue
Courts.
60. Power to distribute business and withdraw and transfer cases.
APPEAL, REVIEW AND REVISION
61. Appeals.
62. Limitation for appeals.
63. Review by Revenue Officers.
64. Computation of period limited for appeals and applications for
review.
65. Power to call for, examine and revise proceedings of Revenue
Officers and Revenue Courts.
PROCEDURE
66. Procedure of Revenue Officers.
67. Persons by whom appearances may be made before Revenue
Officers as such and not as Revenue Courts.
68. Costs.
69. Procedure of Revenue Courts.
70. Power of Revenue Officer or Revenue Court to summon persons.
71. Mode of service of summons.
72. Mode of service of notice, order or proclamation or copy thereof.
4 H.P. TENANCY AND LAND REFORMS ACT, 1972
73. Additional mode of publishing proclamation.
74. Joinder of tenants as parties to proceedings relating to rent.
75. Exception of suits under this Act from operation of certain
enactments
76. Payment into Court of money admitted to be due to a third person.
77. Execution of decrees for arrears of rent.
78. Prohibition of imprisonment of tenants in execution of decree for
arrears of rent.
79. Power to refer party to Civil Court.
80. Power to refer to High Court questions as to jurisdiction.
81. Power of High Court to validate proceedings held under mistake
as to jurisdiction.
MISCELLANEOUS
82. Place of sitting.
83. Holidays.
84. Discharge of duties of Collector dying or being disabled.
85. Retention of power by Revenue Officers on transfer.
86. Conferment of powers of Revenue Officer or Revenue Court.
87. Powers exercisable by Financial Commissioner from time to time.
88. Bar to legal proceedings.
89. Powers of the Financial Commissioner and the State Government
to make rules.
CHAPTER VIII
EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND
AGREEMENTS
90. Nullity of certain entries in record of rights.
91. Nullity of certain agreements contrary to the Act.
CHAPTER IX
ACQUISITION OF PROPRIETARY RIGHTS BY
OCCUPANCY TENANTS
92. Definitions.
93. Appointment of Land Reforms Officers.
94. Vesting of proprietary rights in occupancy tenants and extinguish-
ment of corresponding rights of landowners.
95. Amount payable to the landowner.
96. Determination of compensation payable to landowner.
97. Certain mortgages and charges not enforceable against land held
by occupancy tenants.
98. Payment of amount.
99. Chapter not to apply to evacuee property.
100. Appeal and revisions. .
101. Bar of jurisdiction.
102. Bar to legal proceedings.
5 H.P. TENANCY AND LAND REFORMS ACT, 1972
103. Power to make rules.
CHAPTER X
ACQUISITION OF PROPRIETARY RIGHTS BY TENANTS
OTHER THAN OCCUPANCY TENANTS
104. Right of tenant other than occupancy tenant to acquire interests
of landowner.
105. Total compensation payable by a tenant.
106. Claims for compensation and determination of such claims.
107. Reference to Civil Court.
108. Disposal of claims by Land Reforms Officer.
109. Payment of compensation.
110. Compensation to be deposited in case of minors.
111. Arrears of land revenue to be deducted.
112. Bar of jurisdiction.
113. Bar of transfer of ownership rights.
114. Appeal and revision.
115. Bar of jurisdiction.
116. Bar to legal proceedings.
117. Power to make rules.
CHAPTER XI
CONTROL ON TRANSFER OF LAND
118. Transfer of land to non-agriculturists barred.
119. Transfer of land in favour of State Government.
120. Determination of reasonable price for purpose of transfer.
121. Distribution of land transferred in favour of the state
Government.
121-A. Bar of jurisdiction
122. Power to make rules.
CHAPTER XII
GENERAL
123. Rules to be made after previous publication.
124. Laying of the rules before the Legislative Assembly.
125. Power to remove difficulties.
126. Repeals.
127. Savings.
________________
THE HIMACHAL PRADESH TENANCY AND LAND REFORMS
ACT, 1972
(Act No. 8 of 1974)1
1 For Statement of Objects and Reasons see R.H.P. Extra., dated 12.12.1972, p.
6 H.P. TENANCY AND LAND REFORMS ACT, 1972
(Received the assent of the President of India on the 2ndFebruary,
1974, and was published in R.H.P. Extra., dated the 21st February, 1974 at p.
171-210).
An Act to unify, amend and consolidate the law relating to tenancies of
agricultural lands and to provide for certain measures of land
reforms in Himachal Pradesh.
Amended, repealed or otherwise affected by,-
(i) H. P. Ord. No. 4 of 1974, published in R. H. P. Extra., dt. the 28th
February, 1974, p. 217-223 (Lapsed).
(ii) H. P. Ord. No. 2 of 1975, published in R. H. P. Extra., dt. the 26th
August, 1975, p. 1013-1020 replaced by H.P. Act No. 15 of
19761, published in R. H. P. Extra., dt. the 28th April, 1976 at p.
1160-1167.
(iii) H. P. Act No. 6 of 19882, assented to by the President on 25th
March, 1988 and published in R. H. P. Extra., dt. the 14th April,
1988 at p. 554-556 (Effective w.e.f. the commencement of the
Himachal Pradesh Tenancy and Land Reforms Act, 1972 but
sections 3 and 4, in for far as it amends clause (g) and the second
proviso to clause (i) of sub-section (2), sub-section (3) and sub-
section (4) of section 118 of the said Act, shall come into force at
once.
(iv) H.P. Act No. 6 of 19953, assented to by the President on 22nd
March, 1995 and published both in Hindi and English in R. H. P.
Extra., dt.the4th April, 1995 at p. 1545-1552
(v) H. P. Act No. 9 of 19974, assented to by the President on 18th
April, 1997 and published both in Hindi R. H. P. Extra., dt.19th
April, 1997 at p. 1381-1383 and in English at pages 1677-1679
effetive w.e.f. 28.12.1996.
(vi) H. P. Act No. 10 of 20075, assented to by the President on 14th
April, 2007 and published both in Hindi and English in R. H. P.
Extra., dt.5thMay, 2007 at p. 1171 -1172.
(vii) H. P. Act No. 34 of 20126, assented to by the President on 24th
November, 2012 and published in Hindi and English in R. H. P.
1 The Ord. and the Act replacing it shall be deemed to have come into force from the
date of commencement of the principal Act [See Sec (3)].
2. For Statement of Objects and Reasons see R.H.P. Extra., dated 28.3.1987, 542. 3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 7.9.1994, p. 2424-2429.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 25.3.1997, p. 1006& 1010.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 27.121.2006, p 9215 &9218. 6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of Objects
and Reasons see R.H.P. dated 20.4.2010 P. 332 &337.
7 H.P. TENANCY AND LAND REFORMS ACT, 1972
dated. 21st December, 2012 at pages 5600-5602.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
theTwenty-third 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 Tenancy and Land Reforms Act, 1972.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.-In this Act, unless there is anything repugnant in the
subject or context,-
(1) “agricultural labourer” means a person whose principal means of
livelihood is manual labour on land;
(2) “agriculturist” means a 1[landowner] who cultivates land
personally in an estate situated in Himachal Pradesh;
(3) “arrear of rent” means rent which remains unpaid after the date on
which it becomes payable;
2[(3-A) ‘bank’ has the same meaning as assigned to it in the Himachal
Pradesh Agricultural Credit Operation and Miscellaneous
Provisions (Banks) Act, 1972.]
(4) “to cultivate personally” with its grammatical variations and
cognate expression means-
(i) by one’s own account ;
(ii) by one’s own labour;
(iii) by the labour of any member of one’s family ; or
(iv) under the personal supervision of one-self or any member
of one’s family by hired labour or by servant on wages
payable in cash.
3[* * * *]
Explanation.-In the case of a joint family the land shall be deemed to
have been cultivated personally if it is cultivated by any member of such
family.
(5) “family” means husband, his wife and their children, including
step or adopted children, and includes his parents, grand parents,
brothers and unmarried, widowed, separated and divorced sisters ;
1. Subs. for the words “person” vide Act 9 of 1997.
2. Added by H.P. Ord. No. 2 of 1975, sec. 2, replaced by H.P. Act No. 15 of 1976. 3. Explanation I, and figure “II” assigned to Explanation II, del. by H.P. Ord. No. 2 of
1975, sec. 2, replaced by H.P. Act No. 15 of 1976.
8 H.P. TENANCY AND LAND REFORMS ACT, 1972
(6) “improvement” with reference to a tenancy means any work
which is suitable to the tenancy and consistent with the conditions
on which it is held, by which the value of the tenancy has been
and continues to be increased and which, if not executed on the
tenancy, is either executed directly for its benefit, or is, after
execution, made directly beneficial to it.
Explanation I.-It includes among other things-
(a) the construction of wells and other works for the storage or
supply of water for agricultural purposes;
(b) the construction of works for drainage and for protection of land
from floods or from erosion;
(c) the planting of trees, the reclaiming, enclosing, levelling and ter-
racing of land for agricultural purposes and other works of a like
nature;
(d) the erection of buildings required for the more convenient or
profitable cultivation of a tenancy ; and
(e) the renewal or construction of any of the foregoing works or
such alteration therein, or additions thereto, as are not of the
nature of mere repairs and as durably increase their value;
but it does not include such clearances, embankments, levellings, enclosures,
temporary wells and water channels as are made by tenants in the ordinary
course of cultivation and without any special expenditure, or any other benefit
accruing to land from the ordinary operations of husbandry.
Explanation ll.-A work which benefits several tenancies may be
deemed to be, with respect to each of them, an improvement.
Explanation III.-A work executed by a tenant is not an improvement if
it substantially diminishes the value of any other part of his landowner's
property;
(7) “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-
(a) the sites of buildings and other structures on such land,
(b) orchards,
(c) ghasnies,
(d) banjar land, and
(e) private forests ;
(8) “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
9 H.P. TENANCY AND LAND REFORMS ACT, 1972
land personally ;
(9) "kismi tenant" means a tenant who is recorded as a tenant of any
kind, i.e., 'madd' or 'kisam' in the record-of-rights of the estate in
which the tenancy is situate;
(10) "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 ;
(11) “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 ;
(12) “member of the Armed Forces” means a person in the service of
the Armed Forces of the Union or in the service of an
organisation raised by the Central Government or the State
Government for the defence or security of the country and
declared by a notification as Armed Forces for the purpose of
this Act ;
(13) “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;
(14) “allied pursuits” means dairy farming, poultry farming, breeding
of livestock, grazing (other than the pasturage of one’s own
agricultural cattle) and such other pursuits as may be prescribed ;
(15) “rent” means whatever is payable to landowner in money or kind
by a tenant on account of the use or occupation of land held by
him; but shall not include the rendering any personal service or
labour ;
(16) “Revenue Officer” or “Revenue Court” in any provision of this
Act, means a Revenue Officer or Revenue Court having au-
thority under this Act to discharge the functions of a Revenue
Officer or Revenue Court, as the case may be, under that
provision;
(17) “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-
1 The words “recorded as such in the revenue record” del. by H.P. Ord. No. 2 of 1975,
sec. 2, replaced by H.P. Act No. 15 of 1976.
10 H.P. TENANCY AND LAND REFORMS ACT, 1972
(a) a 1[mere] 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;
or
(c) 2[ * * * *]
(18) “tenancy” means a parcel of land held by a tenant of a land
owner under one lease or one set of conditions;
3[(18-A). “village artisan” means a person who does not hold any
agricultural land and whose principal means of livelihood is
production or repair of traditional tools, implements and articles
or things used for agriculture purposes or purposes ancillary
thereto and also a person who normally earns his livelihood by
practicing a craft either by his own labour or by the help of the
labour of the members of his family in the rural area and whose
annual house hold income does not exceed the income limit
fixed for the persons living below poverty line; and].
(19) “agricultural year”, “estate”, “holding”, “legal practitioner”,
“pay”, “rates and cesses”, “village cess” and “village officer”
have the meanings respectively assigned to these terms 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
RIGHT OF OCCUPANCY
3. Tenant having right of occupancy.-A tenant-
(a) who at the commencement of this Act has for a period of not less
than twelve years been occupying land paying no rent therefor
beyond the amount of land revenue thereof and the rates and
cesses for the time being chargeable thereon; or
(b) who having owned land, and having ceased to be landowner
thereof otherwise than by forfeiture to the Government or than by
any voluntary act, has, since he ceased to be landowner,
continuously occupied the land; or
(c) who has broken upland for cultivation ;
has a right of occupancy in the land so occupied or in the land so
1. Added by ibid.
2 Clause (c) reading “a person who takes from the State Government a lease of
unoccupied land for the purpose of sub-letting it” del. by H.P. No. 15 of 1976.
3 Clause (18-A) ins vide Act No. 34 of 2012.
11 H.P. TENANCY AND LAND REFORMS ACT, 1972
broken up for cultivation.
4. Right of occupancy in land taken in exchange.- If the tenant has
voluntarily exchanged the land, or any portion of the land, formerly occupied
by him for other land belonging to the same landowner, the land taken in
exchange shall be held to be subject to the same right of occupancy as that to
which the land given in exchange would have been subject if the exchange
had not taken place.
5. Establishment of right of occupancy on grounds other than
those expressly stated in the Act.- Nothing in the foregoing sections of this
Chapter shall preclude any person from establishing a right of occupancy on
any ground other than the grounds specified in those sections.
6. Right of occupancy not to be acquired by joint owner in land
held in joint ownership. - In the absence of a custom to the contrary no one
of several joint owners of land shall acquire a right of occupancy under this
Chapter in land jointly owned by them.
7. Continuance of the existing occupancy rights.- Notwithstanding
anything contained in the foregoing sections of this Chapter, a tenant who,
immediately before the commencement of this Act, has a right of occupancy
in any land under any law relating to tenancy lands, applicable anywhere in
Himachal Pradesh shall, when this Act comes into force, be held to have, for
all intents and purposes of this Act, a right of occupancy in that land.
8. Right of occupancy not to be acquired by mere lapse of time.-
No tenant shall acquire a right of occupancy by mere lapse of time.
CHAPTER III
RENTS
Rents Generally
9. Respective rights of landowner and tenant to produce.-(1) The
rent for the time being payable in respect of a tenancy shall be the first
chargeon the produce thereof.
(2) A tenant shall be entitled to tend, cut and harvest the produce of
his tenancy in due course of husbandry without any interference on the part of
his landowner.
(3) Except where rent is taken by division of the produce, the tenant
shall be entitled to the exclusive possession of the produce.
(4) Where rent is taken by division of the produce-
(a) the tenant shall be entitled to the exclusive possession of the
whole produce until it is divided;
(b) the landowner shall be entitled to be present at, and take part in
the division of the produce, which shall be made at the threshing
floor; and
(c) when the produce has been divided the landowner shall be
entitled to the possession of his share thereof.
12 H.P. TENANCY AND LAND REFORMS ACT, 1972
10. Commutation of rent payable in kind.-(1) Where a tenant pays
for a tenancy rent in kind or on the estimated value of portion of the crop or at
rates varying with or fixed with reference to the nature of the crops grown or
partly in one of those ways and partly ill another the tenant may apply to have
the rent commuted to a money rent.
(2) The application shall be made to the Collector or to any other
officer especially authorised in this behalf by the State Government.
11. Disposal of application.- (1) On the receipt of the app1ication
under section 10 the officer may determine the sum to be paid as money-rent
and may order that the tenants shall in lieu of paying his rent in kind, or
otherwise as aforesaid, pay the sum so determined as rent :
Provided that the sum determined as money-rent shall in no case
exceed the maximum limit for rent laid down in section 20.
(2) In determining the rent the Revenue Officer shall have regard to-
(a) the average money-rent payable by tenants for lands of a similar
description and with similar advantages in the vicinity;
(b) the average value of the rent actually received by the landowner
during the preceding ten years or during any shorter period for
which evidence may be available; and
(c) the charges, if any, incurred by the landowner in respect of
irrigation under the system of rent in kind.
(3) The order shall be in writing, and shall state the grounds on which
it is made, and the time from which it is to take effect, and shall be subject to
appeal in like manner as if it were an order made in an ordinary revenue
proceeding.
12.1[* * * *]
13. Collection of rents of undivided property.- When two or more
persons are landowners of a tenant in respect of the same tenancy, the tenant
shall not be bound to pay part of the rent of his tenancy to one of those
persons and part to another.
PRODUCE RENTS
14. Presumption with respect to produce removed before division
or appraisement.- Where rent is taken by division or appraisement of the
produce, if the tenant removes any portion of the produce at such a time or in
such a manner as to prevent the due division or appraisement thereof, or deals
therewith in a manner contrary to established usage, the produce may be
deemed to have been as the fullest crop of the same description on similar
land in the neighborhood for that harvest.
15. Appointment of referee for division or appraisement.-If either
the landowner or the tenant neglects to attend, either personally, or by agent at
the proper time for making the division or appraisement of the produce, or if
1 Del. by H.P. Ord. No. 2 of 1975, sec. 3, replaced by H.P. Act No. 15 of 1976.
13 H.P. TENANCY AND LAND REFORMS ACT, 1972
there is a dispute about the division or appraisement, a Revenue Officer may
on the application of either party, appoint such person as he thinks fit to be a
referee to divide or appraise the produce.
16. Appointment of assessors and procedure of referee.-(1) When a
Revenue Officer appoints referee under the last foregoing section, he may
give him instructions with respect to the association with himself of any other
persons as assessors, the number, qualifications and selection of those
assessors, and the procedure to be followed in making the division or
appraisement.
(2) The referee so appointed shall make the division or appraisement in
accordance with any instructions which he may have received from the
Revenue Officer under the last foregoing sub-section.
(3) Before making the division or appraisement the referee shall give
notice to the landowner and the tenant of the time and place at which the
division or appraisement will be made, but, if either the landowner or the
tenant fails to attend either personally or by agent, the referee may proceed
ex-parte.
(4) For the purpose of making the division or appraisement, the
referee, with his assessors, if any, may enter upon any land on which or into
any building in which the produce is.
17. Procedure after division or appraisement.-(1) The result of the
division or appraisement shall be recorded and signed by the referee, and the
record shall be submitted to the Revenue Officer.
(2) The Revenue Officer shall consider the record, and, after such
further inquiry, if any, as he may deem necessary, shall make an order either
confirming or varying the division or appraisement.
(3) The Revenue Officer shall also make such order as to the costs of
the reference as he thinks fit.
(4) The costs may include the remuneration of the referee and of the
assessors, if any, and may be realised from the applicant before appointment
of the referee subject to adjustment at the close of the proceedings.
18. Reduction of rents.-The rent payable by a tenant may be reduced
on the ground that the productive powers of his tenancy have been decreased
by a cause beyond his control.
19. Time for reduction to take effect.-(1) Unless the court decreeing
a reduction of rent otherwise directs, the reduction shall take effect from the
commencement of the agricultural year next following the date of the decree.
(2) A court decreeing a reduction of rent shall specify in the decree
the date on and from which the reduction is to take effect.
MAXIMUM RENTS
20. Maximum limit for rent.- (1) Notwithstanding anything
contained in the Act or in any agreement or usage or any decree or order of a
court the maximum rent payable by the tenant for any land held by him shall
14 H.P. TENANCY AND LAND REFORMS ACT, 1972
not exceed one-fourth of the crop of such land or of the value of such produce.
The value of the crop or rent shall when necessary, be determined by the
Collector in accordance with the rules, which may be framed by the Financial
Commissioner:
Provided that ghas, bhusa shall not be included in the produce.
(2) No landowner shall have the right to enhance the rent payable
merely on the grounds that it is less than the limit prescribed in sub-section
(1).
1[(3) It shall be an offence for a landowner to collect rent more than
the maximum rent prescribed under sub-section (1) and he shall, on
conviction by a magistrate, be liable to imprisonment which may extend to six
months or punishable with fine which may extend to one thousand rupees or
with both.]
ADJUSTMENT OF RENTS
21. Adjustment of rents expressed in terms of the land revenue.-
(1) Where the rent of a tenancy in the whole or a share of the land revenue
thereof, with or without an addition in money or kind, and the land revenue of
the holding in which the tenancy is situate, is altered, a Revenue Officer
having authority under the Punjab Land Revenue Act, 1887, (17 of 1887) or
the Himachal Pradesh Land Revenue Act, 1954, (6 of 1954) to determine the
land revenue payable in respect of the several holdings comprised in the estate
in which the tenancy is situate, shall determine also the amount of the land
revenue of the tenancy, or the proportionate share thereof, payable by the
tenant as rent.
(2) Where an addition referred to in sub-section (I) is a percentage
fixed with the land revenue of the tenancy, or the whole or a share of the rates
and cesses chargeable thereon, or both, the Revenue Officer shall in like
manner from time to time alter the amount of the addition in proportion to any
alteration of such land revenue or rates and cesses.
(3) The sum or sums determined under the forgoing sub-sections,
together with any addition previously payable other than the addition referred
to in sub-section (2), shall be the rent payable in respect of the tenancy until
there is again an alteration of the land revenue thereof or of the rates and
cesses chargeable thereon under this Act.
(4) An alteration of rent under this section shall not be deemed an
enhancement or reduction of rent within the meaning of this Act.
ALTERATION OF RENT ON ALTERATION OF AREA
22. Alteration of rent on alteration of area.-(1) Every tenant shall-
(a) be liable to pay additional rent for all land proved to be in
excessof the area for which rent has been previously paid by him,
1 Added by H.P. Ord. No. 2 of 1975, sec. 4, replaced by H.P. Act No. 15 of 1976.
15 H.P. TENANCY AND LAND REFORMS ACT, 1972
unless it is proved that the excess is due to the addition to his
tenancy of land which, having previously belonged to the tenancy
was lost by diluvion or otherwise without any reduction of the
rent being made; and
(b) be entitled to an abatement of rent in respect of any deficiency
proved to exist in the area of his tenancy as compared with the
area for which rent has been previously paid by him, unless it is
proved that the deficiency is due to the loss of land which was
added to the area of the tenancy by alluvion or otherwise, and that
an addition has not been made to the rent in respect of the
addition to the area.
(2) In determining the area for which rent has been previously paid,
the Court shall have regard to the following among other matters, namely:-
(a) the origin and conditions of the tenant's occupancy, for instance,
whether the rent was a rent in gross for the entire tenancy ;
(b) whether the tenant has been allowed to hold additional land in
consideration of an addition to his total rent or otherwise with the
knowledge and consent of the landowner ; and
(c) the length of time during which there has been no dispute as to
rent or area.
(3) In adding to or abating rent under this section, the Court shall add to
or abate the rent to such an amount as it deems to be fair and equitable, and
shall specify in its decree the date on and from which addition or abatement is
to take effect.
(4) An addition to or abatement of rent under this section shall not be
deemed an enhancement or reduction of rent within the meaning of this Act.
REMISSION
23. Remission of rent by Court decreeing arrears.-Notwithstanding
anything contained in the foregoing section of this Chapter, if it appears to a
court making a decree for an arrear of rent that the area of tenancy has been so
diminished by diluvion or otherwise, or that the produce thereof has been so
diminished by drought, hail, deposit of sand or other like calamity, that the
full amount of rent payable by the tenant cannot be equitably decreed, the
Court may allow such remission from the rent payable by the tenant as may
appear to it to be just.
24. Remission and suspension of rent consequent on like treatment
of land revenue.-(1) Wherever the payment of the whole or any part of the
land revenue payable in respect of any land is remitted or suspended, a
Revenue Officer may, if the rent be payable in cash or be payable in kind of
which the amount is fixed, by order, remit or suspend, as the case may be, the
payment of the rent of that land to an amount which may bear the same
proportion to the whole of the rent payable in respect of the land as the land
revenue of which payment has been remitted or suspended bears to the whole
of the land revenue payable in respect of the land.
16 H.P. TENANCY AND LAND REFORMS ACT, 1972
When the payment of the rent of any land has been suspended under
this sub-section it shall remain under suspension, until the Collector orders the
revenue of that land to be realised.
(2) An order passed under sub-section (1) shall not be liable to be
contested by suit in any Court.
(3) A suit shall not lie for the recovery of any rent of which the
payment has been remitted, or during the period of suspension of any rent of
which the payment has been suspended.
(4) Where the payment of rent has been suspended, the period during
which the suspension has continued shall be excluded in the computation of
the period of limitation prescribed for a suit for the recovery of the rent.
1[(5) It shall be an offence for a landowner to collect from a tenant any
rent of which payment has been remitted or is under suspension, and he shall
on conviction by a magistrate, be liable to imprisonment which may extend to
six months or punishable with fine which may extend to one thousand rupees
or with both.]
(6) The provisions of this section relating to the remission and
suspension of the payment of rent may be applied, so far as they can be made
applicable, to land of which the land revenue has been released, compounded
for or redeemed, in any case in which, if the land revenue in respect of the
land had not been released, compounded for or redeemed, the whole or any
part of it might, in the opinion of the Revenue Officer, be remitted, or
suspended under the rules for the time being in force for regulating the
remission and suspension of land revenue.
2[* * * * * *]
25. Duty of landowner to furnish receipt for rent received from
tenant.-(1) Every landowner shall give or cause to be given a valid receipt to
the tenant, in the form prescribed, for the rent received by him or on his
behalf.
(2) Any landowner who fails to give or cause to be given such receipt
shall on conviction by any magistrate be punishable with fine which may
extend to 3[from rupees five hundred to rupees two thousand].
DEPOSITS
26. Power to deposit rent in certain cases with the Revenue
Officer.-In either of the following cases, namely: -
(a) when a landowner refuses to receive, or grant a receipt for, any
rent payable in money when tendered to him by a tenant
1Subs. for the original sub-section, by H.P. Ord. No. 2 of 1975, sec. 5, replaced by
H.P. Act No. 15 of 1976.
2 Del. by H.P. Ord. No. 2 of 1975, sec. 5, replaced by H.P. Act No. 15 of 1976. 3 Subs. for the words “one hundred rupees” by Ord. No. 2 of 1975 sec. 6, replaced by
H.P. Act No. 15 of 1976.
17 H.P. TENANCY AND LAND REFORMS ACT, 1972
(b) when a tenant is in doubt as to the persons entitled to receive rent
payable in money
the tenant may apply to a Revenue Officer for leave to deposit the rent in his
office, and the Revenue Officer shall receive the deposit if, after examining
the applicant, he is satisfied that there is sufficient ground for the applicant
and if the applicant pays the fee, if any, chargeable for the issue of the notice
next hereinafter referred to.
27. Effect of depositing rent.-(1) When a deposit has been so received
it shall be deemed to be a payment made by the tenant to his landowner in
respect of rent due.
(2) The Revenue Officer receiving the deposit shall give notice of the
receipt thereof to every person who, he has reason to believe, claims or is
entitled to the deposit, and may pay the amount thereof to any person
appearing to him to be entitled thereto, or may, if he thinks fit, retain the
deposit pending the decision of competent Court as to the person so entitled.
(3) No suit or other proceeding shall be instituted against the State
Government or against any officer of the State Government in respect of
anything done by a Revenue Officer under this section, but nothing in this
sub-section shall prevent any person entitled to receive the amount of any
such deposit from recovering it from a person to whom it has been paid by a
Revenue Officer.
RECOVERY OF RENT FROM ATTACHED PRODUCED
28. Recovery of rent from attached produce.-(1) If an order is made
by any Court for the attachment of the produce of a tenancy or of any part of a
tenancy, the landowner may apply to the Revenue Officer by whom the
attachment is to be or has been made to sell the produce and pay to him out of
the proceeds of the sale thereof the amount or value of-
(a) any rent which has fallen due to him in respect of the tenancy,
within the year immediately proceeding the application and
(b) the rent which will be falling due after the harvesting of the
produce and is chargeable against it .
(2) The Revenue Officer shall give the person at whose instance the
attachment was made an opportunity of showing cause why the application of
the landowner should not be granted, and, if he finds the landowner’s claim to
the whole or any part of the rent to the proved, he shall cause the produce or
such portion thereof as he may deem necessary to be sold, and shall apply the
proceeds of the sale in the first instance to satisfy the claim.
(3) The finding of the Revenue Officer under sub-section (2) shall
have the force of a decree in a suit between the landowner and the tenant.
LEASES FOR PERIOD EXCEEDING TERMS OF ASSESSMENT OF
LAND REVENUE
29. Treatment of leases for period exceeding or equal to term of
assessment of land revenue.-(1) Where a lease has been granted, or an
18 H.P. TENANCY AND LAND REFORMS ACT, 1972
agreement has been entered into by a landowner in respect of any land
assessed to land revenue fixing for a period exceeding the terms for which the
land revenue has been assessed, the rent or other sum payable in respect of the
land under the lease or agreement, and that term has expired, the lease or
agreement shall be voidable.-
(a) at the option of the landowner if the land revenue of the land has
been enhanced and the person, to whom the lease has been grant-
ed or with whom the agreement has been entered into, refuses to
pay such rent or other sum as a Revenue Court, on the suit of the
landowner, determines to be fair and equitable and where the
relation of landowner and tenant exists between the grantor and
grantee of the lease, or between the person who entered into the
agreement; and
(b) at the option of the tenant if the land revenue of the land has been
reduced and the landowner refuses to accept such rent as a
Revenue Court, on the suit of the tenant determines to be fair and
equitable.
(2) Any agreement relative to the occupation, rent, profits or produce
of any land which has been entered into for the term of the currency of and
assessment shall, unless a contrary intention clearly appears in the agreement
or the agreement is terminated by consent of parties or course of law, continue
in force until a revised assessment takes effect.
CHAPTER IV
LEASE, RELINQUISHMENT AND EJECTMENTLEASE
30. Leases.-(l) A landowner who-
(a) is a minor, or unmarried woman, if married, divorced or separated
from husband or a widow; or
(b) is permanently incapable of cultivating land by reason of any
physical or mental infirmity; or
(c) is a serving member of the Armed Forces; or
(d) is temporarily prevented by some sufficient cause beyond his
control from cultivating land ;
may lease land owned by him for such period during which his
inability or disability to cultivate it personally lasts :
1[Provided that in case of land–owner covered by clause (d)
above, lease shall be allowed by the Revenue Officer for a term not
exceeding five years through a registered lease deed, which may
subsequently be renewed for a period equivalent to the term for which
it was allowed initially, in case his inability or disability to cultivate it
personally subsists:]
1 First Proviso subs. vide Act No. 34 of 2012.
19 H.P. TENANCY AND LAND REFORMS ACT, 1972
Provided further that where such inability or disability ceases, the
landowner shall be entitled to apply to get back the possession of the land
from the lessee within one year from such cessation in the manner provided
hereafter:
Provided further that in case the landowners mentioned in this sub-
section, except those who are incapable of cultivating land by reason of any
physical or mental infirmity, fail to make an application for the resumption of
the land within one year of the cessation of such disability or inability their
lessees shall be entitled to avail of the benefit accruing to them under the
provisions of Chapter X of this Act.
(2) Any landowner referred to in sub-section (1) may by giving, in
writing to his lessee or to his lessee's agent, a notice of his intention to resume
the lease immediately after the harvest of the crop then current.
(3) The landowner may, instead of, or in addition to giving the notice
in the manner mentioned in sub-section (2), apply to a Revenue Officer, to
cause the notice to be served on the lessee and the Revenue Officer
onreceiving the cost of service from the landowner, shall cause notice to be
served as soon as may be.
(4) If the lessee fails to vacate his possession as aforesaid in
accordance with the notice, the Revenue Officer may, on application by the
landowner, put the landowner in possession of the area under the lease
immediately after the harvesting is over and the Revenue Officer may at the
cost of the tenant, for this purpose, use such force as may be necessary.
1[* * * * *]
2[31. Relinquishment.-No relinquishment of a tenancy shall be made
by a tenant in favour of landowner. However, if a tenant wants to make a
voluntary surrender of his tenancy land, the same shall be in favour of the
State Government. The State Government shall have right to induct any
suitable tenant or landless agricultural labourer to the relinquished land in the
manner to be prescribed.]
32 and 33 3[* * * * *]
EJECTMENT
34. Grounds of ejectment of tenants.-(1) A tenant other than
occupancy tenant shall not be liable to ejectment from his tenancy except on
anyone or more of the following grounds, namely,-
(a) that he has used the land comprised in the tenancy in a manner
which renders it unfit for the purposes for which he holds it ;
(b) that he, where rent is payable in kind, has failed without sufficient
cause to cultivate or arrange for cultivation of the land comprised
in his tenancy in the manner or to the extent customary in the
1 Del. by H.P. Ord. No. 2 of 1975, sec. 7, replaced by H.P. Act No. 15 of 1976. 2Subs. for the original sec. by Ord. ibid, Sec. 8.
3Sections 32 and 33 del. by Ord. ibid, sec. 9.
20 H.P. TENANCY AND LAND REFORMS ACT, 1972
locality in which the land is situate;
(c) that he Excerpt shown. Open the full act in Lexace.