Himachal pradesh act 007 of 2000 : Himachal Pradesh Ceiling on Land Holdings (Amendment) Act, 1999

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Ceiling on Land Holdings (Amendment) Act, 1999.

(2) It shall come into force at once, except sections 2, 3 and 4 which shall and shall always be deemed to have come into force with effect from the 28th day of July, 1973.

Section 2. Amendment of section 5

2. Amendment of section 5.- In section 5 of the Himachal Pradesh Ceiling on Land Holdings Act, 1972 (19 of 1973) (hereinafter called the principal Act),

(i) after clause (d), the following Explanation shall be added, namely:-

"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.";

(ii) clauses (e) and (f) shall be omitted; and

(iii) after clause (g) the following clause (h) shall be added, namely:-

"(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 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 inquiry 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,"

Section 3. Insertion of section 6-A

3. Insertion of section 6-A.- After section 6 of the principal Act, the following new section 6-A shall be and shall always be deemed to have been inserted, namely

"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 lea plantation, the provisions contained in this Act shall apply to such land so put to another use and it shall he treated as surplus area and shall be deemed to have been 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) recognized by any law, custom or usage for the time being in force of all persons in such area shall stand extinguished and such right, title and interest shall vest in the State Government free from all encumbrances.".

Section 4. Insertion of section 7-A

4. Insertion of section 7-A.- After section 7 of the principal Act, the following new section 7-A shall be and shall always be deemed to have been inserted, namely.

"7-A. Bar to transfer of land under tea estates.- (1) Notwithstanding any thing 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 on 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, gilt, 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.".

Section 5. Amendment of section 15

5. Amendment of section 15.- In section 15 of the principal Act,

(a) in clause (a) of sub-section (2), after the words, "landless person", the sign and words, "a victim of natural calamities" shall be added;

(b) at the end, the following Explanation shall be added, namely:-

"Explanation.- 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.".

Section 6. Amendment of section 15-A

6. Amendment of section 15-A.- In section 15-A of the principal Act, for the words "by lease to any person" the words "by transfer by way of lease or exchange to any person" shall be substituted.

Section 7. Insertion of section 17-A

7. Insertion of section 17-A.- After section 17 of the principal Act, the following section 17-A shall be inserted, namely:-

"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 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 interest, including the contingent interest, 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 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.

Section 8. Amendment of section 20

8. Amendment of section 20.- The sign and word, "review" occurring in the heading of section 20 of the principal Act shall be omitted.