Himachal pradesh act 010 of 1987 : Himachal Pradesh Village Common Lands Vesting and Utilisation (Amendment) Act, 1987

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Village Common Lands Vesting and Utilisation (Amendment) Act, 1987.

(2) It shall be deemed to have come into force with effect from the date of commencement of the Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 (18 of 1974).

Section 2. Amendment of section 2

2. Amendment of section 2.- In section 2 of the Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 (18 of 1974) (hereinafter called the principal Act),-

(i) after the existing clause (a), the following clauses (aa) and (aaa) shall be inserted, namely:-

"(a) "handicapped person" means a crippled, 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 qualification.

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;"

(aaa) "houseless person" means a person who owns no house or a site to construct a house for himself;

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 and of clause (c), 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. 3000/- shall not be deemed to be a landless person;" and

(iii) after the existing clause (d), the following clause (dd) shall be added,-

"(dd) "other eligible person" moans a person,-

(i) who, holding land for agricultural purposes less than an acre whether as an owner or a tenant, earns his livelihood principally by a 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. 3000/-;

and shall not include a person who holds a share of a portion of an estate jointly owned or cultivated by two or more persons."

Section 3. Amendment of Section 8

3. Amendment of Section 8.- For clause (b) of sub-section (1) of section 8, the following clause (b) shall be substituted, namely:-

"(b) the remaining land-

(i) for allotment to a landless person or any other eligible person; or

(ii) for allotment of site to a handicapped or houseless person for the construction of a house;

under a scheme to be framed by the State Government by notification in the Official Gazette and the allottee shall pay an amount at the rate of forty-eight times of the land revenue and rates and cesses chargeable on the land allotted to him under the said scheme, either in lump sum or in six monthly instalments not exceeding four."

Section 4. Savings

4. Savings.- Where any allotment of land made under any scheme, framed under the principal Act, is found to be inconsistent 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 judgement, decree or order of any court, or any other law for the time being in force, it shall be lawfull for an officer especially empowered by the State Government for this purpose, 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 the and in question.