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State of Himachal Pradesh - Section

Section 6 in The Himachal Pradesh Village Common Lands Vesting and Utilisation Rules, 1975

6. Demarcation of land under section 8.

(1)On receipt of the information in Form 'A' the Collector shall start a file of demarcation of land for grazing and common purposes and the land to be earmarked for allotable pool and send the same to the Tehsil Revenue Officer for proper demarcation of the land for grazing and common purposes and for allotable pool. The percentage of the land to be reserved for grazing and common purposes shall be fixed in consultation with the estate right-holders keeping in view the provisions of section 8. The Tehsil Revenue Officer and the Collector shall be guided for demarcation of shamilat land for the said purposes by the following consideration:-
(1)total cattle population of the estate;
(2)the number of eligible persons in the estate;
(3)total acreage of existing cultivated land excluding area under illegal possession/encroachments;
(4)total area of charand lands;
(5)the land which is used for common purposes like cattle ponds, manure pits, sand bihag, kuhls, paths and the land recorded in the khataunis, of 'Sharai-am’ and 'Rafai-am' shall continue to be so used and reserved for common purposes;
(6)the land on which the tree growth is thick and is required to be maintained as forest in the public interest, shall be excluded from the allotable pool;
(7)as far as possible the grazing areas and allotable pool areas shall be demarcated in compact blocks keeping the principles of consolidation of land holdings in view; and
(8)land allotted under contracts, agreements and leases by the Panchayats in respect of the land vested in the State Government when cancelled under section 4 of the Act shall form part of the allotable pool.
(2)The Tehsil Revenue Officer after a thorough survey and inspection of the shamilat lands shall demarcate the land and shall get the separate lists of khasra numbers that are reserved for the common purposes and the land to be given to eligible persons attached to the file. He shall also place on the file an index map of the village delineating the shamilat land and showing the demarcation of the grazing land, the land reserved for common purposes and the land reserved for allotable pool. The Tehsil Revenue Officer shall then submit his proposal of demarcation to the Collector.
(3)The Collector after scrutinizing the proposal sent by the Tehsil Revenue Officer shall fix a date for announcing his order after giving the inhabitants of the estate concerned an opportunity of being heard and shall pass the order regarding the percentage of area of land reserved for grazing and common purposes and areas reserved for the allotable pool.
(4)The Collector may amend or vary the percentage as referred to in sub-rule (3) with previous approval of the State Government.