Himachal pradesh act 020 of 2001 : Himachal Pradesh Village Common Lands Vesting and Utilization (Amendment) Act, 2001

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 Utilization (Amendment) Act, 2001.

(2) The provisions of this Act, shall be deemed to have come into force with effect form the date, the Himachal Pradesh Village Common Lands Vesting an Utilization Act, 1974 (18 of 1974) came into force.

Section 2. Amendment of section 2

2. Amendment of section 2.- In section 2 of the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974 (hereinafter referred to as "the principal Act")

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

"(a-1) "common purposes" means and includes grazing, collection of fuel wood and tree leaves for fodder, school buildings, Panchayat Ghatu, Mahila Mandal Bhawans, School Playgrounds, Community Halls, Janj Ghars, Dispensaries, Government Offices, Kisari Mandies, tree plantation under various State Government Schemes and any other public facilities;"

(b) in clause (aa), for the words "rupees seven thousand and five hundred", the wards and sign "the limit fixed for persons living below property line as notified by the State Government from/time to time," shall be substituted; and

(c) in provisos below clauses (aaa) and (c) and in sub-clause (iii) of clause (dd), or the word, sign and figure "Rs. 3000/-", the words and sign "the limit fixed for persons living below poverty line as notified by the State Government from time to time," shall be substituted.

Section 3. Amendment of section 3

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

(a) in sub-section (1), for clauses (b) and (c), the following shall be substituted, namely:-

"(b) described in the revenue records as shamlat taraf, pattis, pannas, thola, shamlat, shamlat deh, shamlat chak, shamlat tika or by any such other description and not used according to revenue records for the benefit of the community in the village or a part thereof or for common purposes of the village in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organization Act, 1966 (31 of 1966); and

(c) described in revenue records as shamlat, shamlat deh, shamlat taraf, shamlat chak, Patti or by any other such description in the areas comprised in Himachal Pradesh immediately before 1st November, 1966.";

(b) in sub-section (2), after clause (c), the following, shall be added, namely:-

"(d) land recorded as "shamlat tika Hasab Rasad Malguzari" or by any such other name in the ownership column of jamabandi and assessed to land revenue and has been continuously recorded in cultivating possession of the Co-sharers so recorded before 26th January, 1950 to the extent of their shares therein:

Provided that the provisions of this clause shall not be applicable to such land which have already been put to use by the Government."

Section 4. Amendment of section 4

4. Amendment of section 4.- In section 4 of the principal Act, in sub-section (2), after words "State Government", the words "and will fix the lease money at the rate notified by the State Government from time to time. Such lease money shall be recovered by the Panchayat concerned from the lessee," shall be added.

Section 5. Substitution of section 5

5. Substitution of section 5.- For section 5 of the principal Act, the following shall be substituted, namely:-

"5. Treatment of encroachments on shamlat land or the lands vested in the State Government.- Where the land vested in the State Government or the shamlat land by whatever term it is recorded in the revenue records, which has not vested in the State Government, has been, encroached upon by any person or co-sharer before or after the commencement of this Act, the Revenue Officer may of his own motion or on the report of the Palwari of the circle duly verified by the Kanungo of the circle or on the application of any estate right holder or co-sharer, eject such person in accordance with the provisions of section 163 of the Himachal Pradesh Land Revenue Act, 1954.".

Section 6. Amendment of section 8

6. Amendment of section 8.- In section 8 of the principal Act, in sub-section (1) in clause (b), after sub-clause (ii), the following shall be added, namely:-

"(iii) for allotment of land to the eligible persons under the schemes notified by the State Government for providing houses to the poorer sections of the society".

Section 7. Amendment of section 8-A

7. Amendment of section 8-A.- In section 8-A of the principal Act,-

(a) after the words "State Government" and before the words "may utilize", the words "or any other officer authorised by the State Government in this behalf" shall be added; and

(b) after the words "State Government" and before the words "is satisfied", the words "or the Officer authorised by it" shall be added.

Section 8. Insertion of section 9-A

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

"9-A Review.- (1) The Collector or the Officer authorised by the State Government under section 9 may, either on his own motion or on the application of any party interested, review and on so reviewing, modify reverse or confirm any order passed by himself or by any of his predecessors in office.

(2) No order shall be modified or reversed in review unless a notice has been given to the parties affected thereby to appear and be heard in support of the order.

(3) An order against which an appeal has been preferred shall not be reviewed.

(4) An application for review of an order shall not be entertained unless it is made within 90 days of the passing of the order, or unless the applicant satisfies the Collector or an Officer authorised by the State Government that he had sufficient clause for not making the application within that period".