Himachal pradesh act 011 of 1987 : Himachal Pradesh Ceiling on Land Holdings (Amendment) Act, 1987

Section 1. Short title and commencement

1. Short title and commencement.- This Act may be called the Himachal Pradesh Ceiling on Land Holdings (Amendment) Act, 1987.

(2) It shall be deemed to have come into force with effect from the date of commencement of the Himachal Pradesh Ceiling on Land Holdings Act, 1972 (19 of 1973).

Section 2. Amendment of section 3

2. Amendment of section 3.- In section 3 of the Himachal Pradesh Ceiling on Land Holdings Act, 1972 (No. 19 of 1973) (hereinafter called the principal Act),-

(i) after the existing clause (e), the following clauses (ee) and (eee) shall be inserted, namely.

"(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 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".

(ii) for the sign occurring at the end of clause (h), the sign shall be substituted and thereafter the following proviso shall be added, namely:-

"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;" and

(iii) after the existing clause (k), the following clause (l) shall be added, namely

"(1) "other eligible person" means a 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 which holds a share or a portion of an estate jointly owned or cultivated by two or more persons;".

Section 3. Amendment of section 15

3. Amendment of section 15.- For sub-section (2) of section 15 of the principal Act, the following sub-section shall be substituted, namely:-

"(2) The State Government may, by notification in the Official Gazette, frame a scheme for utilizing the surplus area vested in the State Government by allotment-

(a) to a landless person or any 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."

Section 4. Insertion of section 15(A)

4. Insertion of section 15(A).- After section 15 of the principal Act; the following new section 5-A shall be inserted, namely:-

"15-A. Utilization of land for development of the State.- Notwithstanding anything contained in section 15 of the Act, the State Government may ??? any area of the land vested in it under this Act by lease to any person or by transfer to any Department of the Government in the interests 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 on 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 for any building constructed thereon."

Section 5. Savings

5. Savings.- Where any allotment of land made under any scheme, framed under the principal Act, is found to be in consistent with the provisions made in the principal Act, as amended by sections 2 and 3 of this Act, then notwithstanding anything to the contrary contained in any judgment, decree or order of any court; or any other law for the time being in force, it shall be lawful for an officer especially empowered by the State Government in this behalf, to cancel such allotment and take possession of the land so allotted;

Provided that no order under this section shall be passed without affording an opportunity of being heard to the allottee of land in question.