State of Himachal Pradesh - Act
The Himachal Pradesh Ceiling on Land Holdings Rules 1973
HIMACHAL PRADESH
India
India
The Himachal Pradesh Ceiling on Land Holdings Rules 1973
Rule THE-HIMACHAL-PRADESH-CEILING-ON-LAND-HOLDINGS-RULES-1973 of 1973
- Published on 22 November 1973
- Commenced on 22 November 1973
- [This is the version of this document from 22 November 1973.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context,-3. Areas to be treated as subservient to tea plantation.
4. Form of return to be furnished by a person having land in excess of permissible area and manner of furnishing thereof.
5. Patwari to assist in filling up Form C-II.
- A person required to submit a return under rule 4 may take assistance of the Patwari concerned to fill up Form C-II for him on payment of fee of rupee one to the Patwari who shall issue receipt of the fee charged by him to the person as required under the Himachal Pradesh Land Records Manual, or the Punjab Land Records Manual, as the case may be.6. Form of declaration and affidavit to be submitted under section 9.
7. Verification of particulars given in returns referred to in rule 4.V.
- On receipt of return under rule 4, the Collector shall get the particulars given therein verified by the Tehsildar of the Tehsil or Naib-Tehsildar of the Sub-Tehsil, as the case may be, in which the land is situate, who shall further get the return verified by the Patwari of the circle concerned. On such verification, the Tehsildar or the Naib Tehsildar, as the case may be, will send back the return to the Collector concerned.8. Collection of information under sub-section (2) of section 9.
9. Draft statement under sub-section (1) of section 10.
10. Final statement.
- The final statement under sub-section (3) of section 10, of the Act, shall be in Form C-V which shall be adopted subject to the modification that the word 'Draft' and the form of endorsement appearing thereon shall be omitted.11. Form of Statement of amount.
- When the final statement has been published under sub-section(3) of section 10 of the Act the Collector shall, within a month from its publication, prepare the statement of the amount in Form C-VI in accordance with the principles laid down in clauses (i) to (iii) of sub-section (1) of section 14 of the Act.12. Form of notice.
- On preparation of statement of the amount under rule 11, the Collector shall give a notice in Form C-VII to all person known to have any interest in the land for which the amount is to be paid to appear personally or by duly authorised agent before him at a time and place mentioned therein within 15 days after the date of service of notice and to state the nature of their respective interests in the land and the amount and particulars of their claims to the amount for such interests. Thereafter the amount shall be apportioned among the persons having interests in the land.13. Mode of payment of the amount.
- The amount shall be paid in cash either in lump sum or in six monthly instalments not exceeding ten in the manner prescribed in rules 14 and 15. Whether the amount shall be paid in lump sum or in instalments shall be determined by the Collector.14. Issue of voucher for cash payment.
15. Account of vouchers.
- The Treasury Officer shall keep an account of the vouchers presented and encashed on each day of payment in Form C-XI. The statement in Form C-XI shall be kept in a guard file. Where no payments are made on any day, the Treasury Officer shall prepare a blank statement in Form C-XI. The Treasury Officer shall prepare a monthly statement in Form C-XII and send one copy thereof, to the Collector who shall consolidate the same in district statement to be prepared in Form C-XIII and shall forward copies thereof one each, to the Commissioner of the Division and the Financial Commissioner of Himachal Pradesh.16. Return in respect of land acquired by a person under section 17.
17. Determination of market value of building, structure or tube-well.
- In determining the market value of any building, structure or tube-well, the Collector shall take into account the advice of the Chief Engineer, Public Works Department, Himachal Pradesh concerned or any other Officer nominated by him.18. Procedure.
- In all proceedings, under the Act and these Rules, the Collector or any other Revenue Officer shall observe the procedure as prescribed for Revenue Officers in the tenancy laws for the time being in force in Himachal Pradesh.19. Court fee.
- All applications made under the provisions of the Act shall bear Rs.1.25 court fee stomp and process fees shall be chargeable as prescribed by or under the Himachal Pradesh Court Fees Act, 1968. (8 of 1968).20. Manner of service of notices or orders.
- Save as otherwise provided in these rules, notices or orders under the Act shall be served in the manner provided in the tenancy laws for the time being in force in Himachal Pradesh.21. Repeal and savings.
- The Pepsu Tenancy and Agricultural Land Rules, 1958, the Punjab Security of Land Tenures Rules, 1953 and the Punjab Security of Land Tenures Rules, 1956, as amended from time to time, are hereby repealed in their application to the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966, in so far as they relate to the matters dealt in these rules and are inconsistent with these rules:Provided that, notwithstanding the repeal of the said rules, anything done or any action taken in the exercise of any power conferred by or under the said rules shall be deemed to have been done or taken in exercise of the powers conferred by or under these rules, as if these rules were in force on the day, on which such thing was done or action was taken.Form C-I[See Rule 3 (2)]Return showing areas which the owner of Tea Estate desires to include for Expansion of Ten Years Programme| Name of the owner of tea estate with fullparticulars | Name of Village, Patwar Circle &Tehsil/Sub-Tehsil | Particulars of existing land under teaplantation with Khasra Nos. | Land required for ten years expansion programme,with Khasra Nos. and class of land | Remarks |
| 1 | 2 | 3 | 4 | 5 |
| Dated..................... | Signature of Landowner. |
2. The site plan (Tatima Shajra) of the land required for ten years expansion programme will be attached with this form duly verified by the Patwari and Field Kanungo.
Form C-II(See rules 4 and 8)Return required to be furnished by a Landowner ?Tenant? Mortgagee with possession stating therein particulars of land held by him, members of his family and separate unit and the land which he desires to retain for the family additional minor member and separate unit under section 8 or to be prepared by patwari under sub-section (2) of section 9 of the Himachal Pradesh Ceiling on Land Holdings Act,1972. (19 of 1973)
ToThe Collector,.........................................district.As required by section 8 or 9 of the Himachal Pradesh Ceiling Holdings Act, 1972, I furnished the following return:-| Name, parentage and place of residence oflandowner/ mortgagee with possession/ tenant each member of hisfamily/ his adult son or sons | Village or ViLLages with name of Tehsil/ Sub-Tehsiland District in which the land is situate | Total area held on24-1-1971_______________________________________________ | Particulars of area acquired since 24-1-1971 asowner, Mortgagee with possession, tenant or in any other capacity | Total land shown in columns 3 to 7 | Area of land transferred after 24-1-71 (particularsto be given in Schedule 'A') | |||
| As landowner | As mortgagee with possession | As lessee | As tenant | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Area of land letf aftertransfer___________________________________________________________ | Total area under personal cultivation village-wise | Area under tenants | Selected area which the person desires to retain for himself,for the family or separate unit/units with Khasra Nos. and classof land | |||
| Area of land left after transfer/As landowner | As mortgagee with possession | As lessee | As tenant | |||
| 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| Particulars of area sought to be exempted from ceiling undersection 5. | Reasons for exemption | Surplus area with Khasra Nos. and class of land. | Remarks |
| 17 | 18 | 19 | 20 |
| Dated..................... | Signature/thumb impression of landowner/mortgagee with possession/tenant. |