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State of Himachal Pradesh - Section

Section 38A in The Himachal Pradesh Tenancy And Land Reforms Rules, 1975

38A. [ Purpose for which land is transferable under section 118(2)(h).] [Rule 38A inserted vide Notification No. 10-5/73-Revenue A, dated 16-1-1976, published in R.H.P., Extraordinary, dated 20-1-1976, pp. 397-400.]

- [(1) Where a non-agriculturist intends to acquire land in his name by way of sale, gift, will, exchange, lease or mortgage with possession, he shall apply for permission under clause (h) of sub-section (2) of section 118 of the Act, in Form LRXIV duly supported with the documents specified, to the Collector in whose jurisdiction the land is situated.
(2)
(a)On receipt of the application, complete in all respects under sub-rule (1), the Collector shall, after calling for the information from the revenue staff in form LRXV and holding such enquiry as he may deem fit, verify the title of the land in question and if he is of the opinion that the application should be accepted, he shall recommend application within a period of [10 days] [Sub-rules (1) and (2) substituted vide Notification No. Revenue B-A (3)6/96, dated 5-3-1998, published in R.H.P., Extraordinary, dated 17-3-1998, pp. 1022-27.] from the date of its receipt by him to the State Government for its consideration :]
[Provided that if there is any objection or shortcoming in the application Form LRXIV, the Collector shall convey all such objection(s) or shortcoming(s) at one time only to avoid un-necessary delay:Provided further that in case of transfer of land to Industrial/Tourism units or Hydro electric projects, the documents shown in items II, VI and VII of Part II of Form LRXIV and spot inspection report of the revenue officers/officials in Form LRXV shall not be required".;] [Provisos added vide' vide Notification No. B.A. (3)-6/96, dated 20th May, 1999 R.H.P., Extraordinary, dated 1-6-1999, pp. 1851-1852]
(b)On receipt of the recommendations made by the Collector under clause (a) of this sub-rule, the State Government shall consider the application and allow or [reject the application with in 10 days:] [Substituted for the words 'reject the application' vide Notification No. B.A. (3)-6/96, dated 20th May, 1999, R.H.P., Extraordinary, dated 1-6-1999, pp. 1851-1852.]
[Provided that in case of Industrial/Tourism units or Hydro electric projects, the permission so granted shall be subject to the fulfilment of other statutory requirements if any;] [Proviso added vide Notification No. B.A. (3)-6/96, dated 20th May, 1999, R.H.P., Extraordinary, dated 1-6-1999, pp. 1851-1852.]
(c)The applicant shall be informed of every order passed by the State Government under clause (b) of this sub-rule; and
(d)Any applicant, whose application has been rejected, may, within 60 days of the date of order of rejection, apply to the State Government to review the order and the Government may, after making such further inquiry as it may think fit, pass such order as it considers necessary:
[Provided that the State Government may entertain the review application after the expiry of the said period of 60 days, if it is satisfied that the applicant was prevented by sufficient cause from filing the review application in time.]
(3)The permission under sub-rule 2 of tills Rule shall for any one or more of the following purposes in the following scales:-
(a) for agriculture or horticulture purpose or for bothpurposes. An area not exceeding 4 acres.
(b) for building a residential house. 500 square meters.
(c) for construction of shop. 300 square meters.
(d) for industrial unit. Such area as may be certified by the Deptt. of Industries ofthe State Government.
(e) for charitable religious or public utility service. Such area as certified by the Collector of the District.
(f) [ for construction of a Hotel, Restaurant, Cafeteria or anysuch other premises. [Clause (f) inserted Notification No. 10-5/75-III Revenue B, dated 22-12-1987, published in R.H.P., Extraordinary, dated 10-12-1988, pp. 2239-40.] Such area as may be certified by the Deptt. of Tourism of theState Government].
(g) [ For construction of Apartment as defined in the HimachalPradesh Apartment and Property Regulation Act, 2005. [Clauses (g) and (h) inserted vide Notification No. Revenue B.A. (3)6/96, dated 5th March, 1998, R.H.P., Extraordinary, dated 17-3-1998, pp. 1022-1027 and again clause (g) substituted vide Notification No. Revenue B.A.(3)-5/2000, dated 21st June, 2006, published in H.P., Extraordinary, dated 1-7-2006, p. 2252.] Such area as may be certified by the Department of Housingand the concerned Deputy Commissioner independently.]
(h) for setting up of hydel projects. area as recommended & approved by the MPP & PowerDeptt. of the State.
(i) [ for setting up Bio-Technology Units. [Clauses (i) & (j) inserted vide Notification No. Revenue B.A.(3)-5/2000, dated 21st June, 2006, published in H.P., Extraordinary, dated 1-7-2006, p. 2252.] Such area as may be certified by the Department ofBio-Technology of the State Government and the concerned DeputyCommissioner independently.
(j) for setting up Information Technology Units. Such area as may be certified by the Department ofInformation Technology of the State Government and the concernedDeputy Commissioner, independently.]
[Provided that the permission granted under this rule shall be valid for a period of 180 days, to be counted from the date of issue of the orders of the State Government granting such permission.] [First Proviso inserted vide Notification No. 10-5/75-III Revenue B, dated 22-12-1987, published in R.H.P., Extraordinary, dated 10-12-1988, pp. 2239-40 ][Provided further that the State Government may for reasons to be recorded in writing extend the said period of 180 days.] [Second proviso inserted vide Notification. No. Revenue B.A. (3)6/96 dated 5th March, 1998 R.H.P., Extraordinary, dated 17-3-1998, pp. 1022-1027. ]