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State of Himachal Pradesh - Act

The Himachal Pradesh Abolition of Land Revenue On Un-Economic Holdings Act, 1978

HIMACHAL PRADESH
India

The Himachal Pradesh Abolition of Land Revenue On Un-Economic Holdings Act, 1978

Act 2 of 1978

  • Published on 25 October 1977
  • Commenced on 25 October 1977
  • [This is the version of this document from 25 October 1977.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Himachal Pradesh Abolition of Land Revenue On Un-Economic Holdings Act, 1978Act No. 2 of 1978.The Himachal Pradesh Abolition of Uneconomic Holdings Ordinanace, 1977 (4 of 1977) was published in H.P. Government Gazette (Ex. Order), dated 25.10.1977.It was later replaced by this Act which received the assent of the Governor on the 7th February 1978. Thereafter the Act was published in the H.P. Government Gazette Extra Ordinary dated 13.2.78.An Act to provide for abolition of land revenue on un-economic holdings in Himachal Pradesh.Be it enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-eighth Year of the Republic of India as follows:-

1. Short title and commencement.

(1)This Act may be called the Himachal Pradesh Abolition of Land Revenue on Un-economic Holdings Act. 1977.
(2)It shall come into force at once.

2. Definitions.

(1)In this Act, unless the context otherwise requires,-
(a)"land holding" means the total land in the State in possession of a person whether as owner, mortgagee, lessee, tenant or in any other lawful capacity and if such a person holds land jointly with others, his share in such holding;
(b)"un-economic holding" means a land holding which does not exceed two and a half acres and comprises of unirrigated cultivated land or of such land which has been recorded as "banjar kadim", "banjar jadid" or grass lands, by whatever name called i.e. "ghasnis", "kharetars", "rutas" etc but does not include land under orchards or built up areas assessed to land revenue;
(c)all other terms and expressions used herein, but not defined in this Act, shall have the same meanings as assigned to them in the Himachal Pradesh Land Revenue Act, 1953,

3. Abolition of land revenue on un-economic holdings.

- Notwithstanding anything contained in the Himachal Pradesh Land Revenue Act, 1953, the land revenue on un-economic holdings shall stand abolished from Rabi 1977; and, the land-owner who at the commencement of this Act holds un-economic holding shall not be liable to pay any land revenue in respect of his land holding to the State.

4. Bar on certain transfers.

(1)All transfers of land made after the 4th day of July, 1977, except the transfer of land made to the Union Government or to the State Government or a bonafide transfer by a land holder or any transfer of land by operation of law, to defeat the purpose of the Act; shall not affect the liability of the land holder to pay the land revenue to the State.
(2)The Collector of the District in which such transfer or transfers take place, shall determine whether a transfer is bonafide or not and his decision shall be final.

5. Power to remove difficulty.

- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order to be published in the Official Gazette, or otherwise, make such provisions, or give such directions, not inconsistent with this Act, as may appear to it to be necessary or expedient for the removal of such difficulty.

6. Repeal and savings.

(1)The Himachal Pradesh Abolition of Land Revenue on Un-economic Holdings Ordinance, 1977 is hereby repealed.
(2)Notwithstanding such repeal, anything done or any action taken under the aforesaid Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act was in force on the day on which such thing was done or action was taken.