Section 2(2) in The Himachal Pradesh Tenancy And Land Reforms (Amendment) Act, 1994
(2)Nothing in sub-section (1) shall be deemed to prohibit the transfer of land by any person in favour of:-(a)a landless labourer; or(b)a landless person belonging to a scheduled caste or a scheduled tribe; or(c)a village artisan; or(d)a landless person carrying on an allied agricultural pursuit; or(e)the State Government or Central Government, or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956) or a statutory body or a Corporation or a Board established by or under a statute and owned and controlled by the State or Central Government; or(f)a person who has become non-agriculturist on account of acquisition of his land for any public purpose under the land Acquisition Act, 1894(1 of 1894); or(g)a non-agriculturist who purchases or intends to purchase land for the construction of a house or shop, or purchases a built up house or shop, from the Himachal Pradesh State Housing Board established under the Himachal Pradesh Housing Roard Act, 1972 (10 of 1972), & from the Development Authority constituted under the Himachal Pradesh Town and Country Planning' Act, 1977 (12 of 1977) or from any other statutory Corporation set-up for framing and execution of house accommodation schemes in the State under any State or Central enactment;(h)a non-agriculturist with the permission of the State Government for the purposes that may be prescribed:Provided that a person who is non-agriculturist but purchases land either under clause (g) or with the permission granted under clause (h) of this sub-section shall, irrespective of such purchase of land, continue to be a non-agriculturist for the purpose of this Act:Provided further that a non-agriculturist in whose case permission to purchase land is granted under clause (h) of this sub-section, shall put the land to such use for which the permission has been granted within a period of two years or a further such period not exceeding one year, as may be allowed by the State Government for reasons to be recorded in writing to be counted from the day on which the sale deed of land is registered and if he fails to do so or diverts, without the permission of the State Government, the said user for any other purpose or transfer by way of sale, gift or otherwise, the land so purchased by him shall, in the prescribed manner, vest in the State Government free from all encumbrances.";(ii)in sub-section (3) the words, brackets and figure "and such transfer shall be void ab-initio and the land involved in such transfer if made in contravention of sub-section (1), shall together with structures, buildings or other attachments, if any, vest in the State Government free from all encumbrances" shall be omitted;(iii)after sub-section (3), the following sub-sections (3A), (3B), (3C) and (3D) shall be added, namely:-"(3A) Where:-(a)the Registrar or the Sub-Registrar, appointed under the Indian Registration Act, 1908, (16 of 1908) before whom any document pertaining to transfer of land is presented for registration, comes to know or has reasons to believe that the transfer of land is in contravention of sub-section (1); or(b)a Revenue officer either on an application made to him or on receipt of any information from any source, comes to know or has reasons to believe that any land has been transferred or is being transferred in contravention of the provisions of sub-section (1);such Sub-Registrar, the Registrar or the Revenue Officer, as the case may be, shall make reference to the Collector of the District, in which land or any part thereof is situate, and the Collector, on receipt of such reference, or where the Revenue Officer happens to be the Collector of the District himself, he either on an application made to him or on receipt of any information from any source, comes to know or has reason to believe that any land has been transferred or is being transferred in contravention of the provisions of sub-section (1), shall after affording to the persons who are parties to the transfer, a reasonable opportunity of, being, heard and holding an enquiry , determine whether the transfer of land is or is not in contravention of sub-section (1) and he shall, within 90 days from the date of receipt of reference made to him or such longer period as the Divisional Commissioner may allow for reasons to be recorded an writing, record his decision thereon and intimate the findings to the Registrar, Sub-Registrar or the Revenue Officer concerned.
