Himachal pradesh act 003 of 1996 : Himachal Pradesh Land Revenue (Amendment and Validation) Act, 1996

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Land Revenue (Amendment and Validation) Act, 1996.

(2) It shall come into force at once except sections 2(b), 5, 6 and 10 which shall be deemed to have come into force on the 23rd day of September, 1976.

Section 2. Amendment of section 4

2. Amendment of section 4.- In section 4 of the Himachal Pradesh Land Revenue Act, 1954 (hereinafter called the principal Act)-

(a) for clause (4), the following clause shall be substituted, namely:-

"(4) "defaulter" means a person liable for an arrear of land revenue or any tax in lieu thereof and also includes-

(i) a person who is liable as surety for the payment of anear; and

(ii) a Numbardar or any other person who has collected the land revenue or any tax in lieu thereof but has not deposited the same into the Government treasury;"

(b) in clause (5), in sub-clause (c), after the words "State Government", the words "or the Collector making or specially revising the record-of-rights under section 33" shall be added; and

(c) after clause (17), the following clause (18) shall be added, namely:-

"(18) "sub-estate" means a sub-division of an estate by whatever name called like a taraf, patti, up-mohal, pana, thok, thula and shall form the part of that estate;".

Section 3. Amendment of section

3. Amendment of section.- In section 16 of the principal Act.-

(a) in sub-section (1), for article and words "A Revenue Officer", the words "Where there is a mistake or error apparent on the face of record or where some new and important fact or evidence is discovered, a Revenue Officer" shall be substituted; and

(b) After sub-section (3), the following sub-section shall be added, namely:-

(4) Save in the cases of clerical or arithmetical mistakes arising from any accidental slip or omission, no application for review shall lie under this section against an order passed by the Financial Commissioner under section 17 of this Act."

Section 4. Amendment of section 32

4. Amendment of section 32.- In section 32, of the principal Act, after sub-section (2), the following sub-section (2A) shall be added, namely:-

(2A) The record-of-rights for sub-estate shall include the documents mentioned in clauses (a), (c) and (d) of sub-section (2) of this section."

Section 5. Insertion of section 33-A

5. Insertion of section 33-A.- After section 33 of the principal Act, the following section 33-A shall be inserted, namely:-

33-A Units of measure to be based on metric system- In case the measurements of any land in the record-of-rights are recorded in non-metric system, there shall, during making record-of-rights or special revision of record-of-rights under section 33 of this Act, be a complete re-measurement of the estate or sub-estate based on the units of metric system in accordance with the provisions of the Standards of Weights and Measures Act, 60 of 1976."

Section 6. Insertion of section 34-A

6. Insertion of section 34-A.- After section 34 of the principal Act, the following section 34-A shall be inserted, namely:-

"34-A. Sub-division of an estate etc.- Wherever it is expedient to do so in the public interest and smooth implementation of the provisions of this Act, the State Government or the Collector, with the approval of the Financial Commissioner, may, after inviting the public objections, divide an estate into two or more sub-estates or merge two or more estates or sub-estates into one estate, for making record-of-rights or special revision of record-of-rights under section 33, assessment of land revenue under chapter-V and collection of land revenue under chapter VI of this Act:

Provided that a sub-estate shall from the part of the original estate out of which it has been formed and the creation of such estate or sub-estate shall not extinguish or modify the rights of right-holders of that estate."

Section 7. Amendment of section 36

7. Amendment of section 36.- In section 36 of the principal Act, the following proviso shall be added namely:-

"Provided that no entry in respect of the Government land shall be recorded under clause (a) by the Patwari except under the orders of the State Government or of a Revenue Officer not below the rank of the Collector."

Section 8. Amendment of section 38

8. Amendment of section 38.- In section 38 of the principal Act, after clause (a), the following clause (aa) shall be added, namely:-

"(aa) making entries in respect of Government land in accordance with the order made by the State Government or by a Revenue Officer not below the rank of the Collector."

Section 9. Insertion of section 38-A

9. Insertion of section 38-A.- After section 38 of the principal Act, the following section shall be inserted, namely:-

"38-A. Correction of clerical errors.- Clerical or arithmetic mistake or an error apparent on the face of the record, arising from any accidental slip or omission, found in the record-of-rights of an estate or sub-estate during the making of, or special revision of, any record-or-rights or documents mentioned in sub-section (2) of section 32 of this Act, may, either of his own motion or on the application of any of the parties, be corrected by the Collector, making, or specially revising, the recorder-rights.

Section 10. Insertion of section 47-A

10. Insertion of section 47-A.- After section 47 of the principal Act, the following section shall be inserted, namely:-

"47-A. Power of the Collector to issue instructions.- The Collector making record-of-rights or making special revision of record-of-rights, with the approval of the Financial Commissioner, may, for the guidance of the Revenue Officers/Officials, give directions or issue instructions relating to all matters to which the provisions of the chapters IV and V apply; provided that such a direction or instruction shall be consistent with the provisions or this Act and the rules made thereunder".

Section 11. Amendment of section 117

11. Amendment of section 117.- In section 117 of the principal Act, in sub-section (2), for the word "ten", the word "fifty" shall be substituted.

Section 12. Amendment of section 171

12. Amendment of section 171.- In section 171 of the principal Act, in sub-section (2),-

(a) after clause (v), the following clause shall be added, namely:-

"(v-a) order regarding complete remeasurement of an estate or sub-estate under section 33-A of this Act,"

(b) after clause (vi), the following clause shall be added, namely:-

"(vi-a) correction of clerical errors under section 38-A of this Act;"

(c) after clause (xiii), the following shall be added, namely:-

"(xii-a) formation of sub-division of an estate or merger of sub-estates or estates etc. under section 34-A of this Act;".

Section 13. Validation

13. Validation.- Notwithstanding anything contained in the Himachal Pradesh Land Revenue Act, 1954 (6 of 1954) and rules, instructions, notifications made or issued thereunder, or in any law for the time being in force or in any judgment, decree or order of any court or other authority, where at any time after the 23rd day of September, 1976 and before the commencement of the Himachal Pradesh Land Revenue (Amendment and Validation) Act, 1996, if any record-of-rights or special revision of record-of-rights has been made in respect of the lands, situated in the State of Himachal Pradesh, such making or special revision of record-of-rights shall and shall be deemed always to have been valid and shall not be questioned on the ground that the amendments made vide sections 2(b), 5, 6 and 10 of this Act were not in force at that time when such record-of-rights were made or specially revised.