HIMACHAL PRADESH LAND REVENUE ACT, 1954
(Received the assent of the President on the 9th April, 1954, and was published in Hindi in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 6th August, 1954, pp. 29-87 and in English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 3rd June, 1955, pp. 121-180.
An Act to amend and declare the Land Revenue Law of the Himachal Pradesh.
Amended, repealed or otherwise affected by,-
(i) H.P. Act No. 11 of 19551, assented to by the President on 26th October, 1955, published in Hindi in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 9th December, 1955, pp. 321-323 and in English in the Rajpatra, Himachal Pradesh dated 24th March, 1956, pp. 185-186.
(ii) H.P. Act No. 12 of 19562, assented to by the President on 28th June, 1956, published in Hindi in the Rajpatra, Himachal Pradesh dated the 11th August, 1956, pp. 467-468 and in English i
(1) This Act may be called the Himachal Pradesh Land Revenue Act, 1 [1954].
(2) It extends to 2 [the areas comprised in Himachal Pradesh immediately before 1st November, 1966.]
(3) It shall come into force on such day3 as the State Government may, by notification, appoint in this behalf.
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1. Substituted for the figure '1953' vide H. P. Act No. 12 of 1956.
2. Substituted for the words "the whole of Himachal Pradesh" vide A.O., 1973.
3. The Act came into force from. 1st March, 1955 vide Notification No. R.1-1/53, dated 17th February, 1955, published in the Rajpatra, Himachal Pradesh dated 26th February, 1955, pp. 69.
(1) The enactments mentioned in the Schedule are repealed to the extent specified in the third column thereof.
(2) Notwithstanding anything contained in the Himachal Pradesh (Application of Laws) Order, 1948, Acts, Regulations, Rules and Robkars hitherto in force in Himachal Pradesh with respect to the making and the maintenance of record of rights of land, the assessment and collection of land revenue and cesses thereon and other matters relating to land and liabilities incidental thereto are repealed only to the extent to which they are inconsistent with the provisions of this Act.
(3) Any enactment or document referring to any enactment hereby repealed shall be construed as referring to this Act.
All rules, appointments, assessments, partitions and transfers made, notifications, proclamations, and orders issued, authorities and powers conferred, record of rights and other records framed, rights acquired and liabilities incurred, times and places appointed and other things done under the Acts, Regulations, Rules and Robkars hereby repealed shall be deemed to have been respectively made, issued, conferred, framed, acquired, incurred, appointed and done under this Act.
In this Act, unless there is something repugnant in the subject or context-
(1) "agricultural year" means the year commencing on the sixteenth day of June, or on such other date as the State Government may by notification appoint for any local area;
(2) "assessment circle" means a group of estates which in the opinion of the Financial Commissioner, to be recorded in an order in writing are sufficiently homogeneous to admit of a common set of rates being used as a general guide in calculating the land revenue to be assessed upon them;
(3) "arrear of land revenue" means land revenue which remains unpaid after the date on which it becomes payable;
1 [(4) "defaulter" means a person liable for an arrear of land revenue or any tax in lieu thereof and also includes-
SupremeToday AI Service seems to be Down for a While!
(1) Except so far as may be necessary 1 [for the record, recovery, administration of village-cesses and for taking action against the encroachers under section 163], nothing in this Act applies to land which is occupied as the site of a 2 [XXXXXX] village and is not assessed to land revenue.
3 [(2) A Revenue Officer may define, for the purposes of this Act, the limits of the site of a village.
Explanation 1.- For the purpose of this section a site within the limits of a Municipal Corporation, or a notified area shall not be deemed to be the site of a village.]
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1. Substituted for the words "for the record, recovery and administration of village cesses" vide H.P. Act No. 19 of 1971.
2. The words "town or" omitted vide H.P. Act No. 5 of 1965.<
The State Government may, by notification vary the limits and alter the number of tehsils, 2[sub-tehsils,] districts and divisions into which the State is divided.
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1. Inserted vide H.P. Act No. 21 of 1976.
2. Inserted vide H.P. Act No. 21 of 1976.
1 [(1) There shall be the following classes of Revenue Officers, namely-
(b) the Commissioner;
(c) the Collector;
(d) the Assistant Collector of the first grade; and
(e) the Assistant Collector of the second grade.]
(2) The Deputy Commissioner of a district shall be the Collector thereof.
(3) The State Government may appoint any Assistant Commissioner, 2 [XXXXXXX] or Tehsildar to be an Assistant Collector of the first or of the second grade, as it thinks fit, and any Naib-Tehsildar to be an Assistant Collector of the second grade.
(4) Appointment under sub-section (3) shall be by notification and may be of a person specially by name or by virtue of his office or of more persons than one by any description sufficient for their ident
(1) There shall be one or more Financial Commissioners, who shall be appointed by the State Government.
(2) Where more Financial Commissioners than one have been appointed, the State Government may make rules as to the distribution among them of business under this or any other Act, and by those rules require any case or class or classes of cases to be considered and disposed of by the Financial Commissioners collectively.
(3) When there is a difference of opinion among the Financial Commissioners as to any decree or order to be made in a case which they are required by rules under the last foregoing sub-section to consider, and dispose of collectively, the following rules shall apply namely:-
1Commissioners, Additional Commissioner, Deputy Commissioner, Assistant Commissioner, Settlement Officer, Additional Deputy Commissioner, Sub-Divisional Officer(Civil), Assistant Settlement Officer and Assistant Commissioner shall be appointed by the State Government.]
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1. Section 9 substituted vide H.P. Act No. 15 of 2000.
The State Government shall fix the number of Tehsildars and Naib-Tehsildars to be appointed.
Except where the class of Revenue Officers by whom any function is to be discharged is specified in this Act, the State Government may, by notification determine the functions to be discharged under this Act by any class of Revenue Officers.
Section 11 of the Himachal Pradesh Land Revenue Act, 1954, confers specific powers on Revenue Officers to carry out various functions essential for the administration of land revenue, including inquiries, survey, demarcation, and recording of rights. It forms the backbone of the administrative machinery for land management in Himachal Pradesh, ensuring that land records are maintained accurately and disputes are resolved efficiently.
Section 11 grants Revenue Officers the authority to:- Summon persons necessary for land-related inquiries.- Conduct surveys, demarcations, and inquiries regarding land rights.- Record rights of landowners, tenants, and other persons.- Take measures to correct or update land records.- Exercise powers akin to a civil court in specific circumstances, especially when questions of possession, title, or rights are involved.
While Section 11 itself does not specify penalties, violations such as:- Wilful destruction of survey marks.- Forging or tampering with land records.- Acting beyond powers or in violation of prescribed procedures.may attract penalties under the Himachal Pradesh Land Revenue (Amendment) Acts or other relevant laws, including fines or disciplinary actions against officers. Penalties are also prescribed under rules governing misconduct of Revenue Officers.
In summary, Section 11 of the Himachal Pradesh Land Revenue Act, 1954, is a vital provision empowering Revenue Officers to perform functions essential for land management, dispute resolution, and record maintenance, with safeguards to ensure legality, fairness, and adherence to procedures. Its proper exercise fosters transparent land administration, while violations can be challenged in courts to uphold landowners’ rights and prevent misuse.
(1) The Financial Commissioner shall be subject to the control of the State Government.
(2) The general superintendence and control over all other Revenue Officers shall be vested in, and all such officers shall be subordinate to the Financial Commissioner.
(3) Subject to the general superintendence and control of the Financial Commissioner, a Commissioner shall control all other Revenue Officers in his division.
(4) Subject as aforesaid and to the control of the Commissioner, a Collector shall control all other Revenue Officers in his district.
(1) The Financial Commissioner or a Commissioner or Collector may by written order distribute, in such manner as he thinks fit, any business cognizable by any Revenue Officer under his control.
(2) The Financial Commissioner or a Commissioner or Collector may withdraw any case pending before any Revenue Officer under his control, and either dispose of it himself, or by written order refer it for disposal to any other Revenue Officer under his control.
(3) An order under sub-section (1) or sub-section (2) shall not empower any officer to exercise any powers or deal with any business which he would not be competent to exercise or deal with within the local limits of his own jurisdiction.
Save as otherwise provided by this Act, an appeal shall lie from original or appellate order of a Revenue Officer as follows, namely:-
(b) to the Commissioner 1 [XXXXXX] when the order is made by a Collector;
(c) to the Financial Commissioner when the order is made by the Commissioner:
Provided that -
(i) when an original order is confirmed on first appeal, a further appeal shall not lie;
(ii) when any such order is modified or reversed on appeal by the Collector, the order made by the Commissioner on further appeal, if any, to him shall be final:
2 [Provided further that any appeal relating to encroachment on Government land including forest land shall be disposed of within a period of three months
Save as otherwise provided by this Act, the period of limitation for an appeal under the last foregoing section shall run from the date of the order appealed against, and shall be as follows, that is to say:-
(b) when the appeal lies to the Commissioner sixty days;
(c) when the appeal lies to the Financial ninety days.
(1) 1 [Where there is a mistake or error apparent on the face of record or where some new and important fact or evidence is discovered, a Revenue Officer] may, either of his own motion or on the application of any party interested, review, and on so reviewing modify, reverse or confirm, any order passed by himself or by any of his predecessors in office:
Provided as follows:-
(b) an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order, or unless the app
(1) The Financial Commissioner may at any time call for the record of any case pending before 1 [or disposed of by] any Revenue Officer subordinate to him.
(2) A Commissioner or Collector may call for the record of any case pending before, or disposed of by, any Revenue Officer under his control.
2 [(3) If in any case in which a Commissioner or Collector, has called for a record, is of the opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the Financial Commissioner.
(4) The Financial Commissioner may in any case called for by himself under sub-section (1) or reported to him under sub-section (3), pass such order as he thinks fit:
Provided that he shall not under this section pass an order reversing or modifying any proceeding or order of a subordinate Revenue Of
Section 17 of the Himachal Pradesh Land Revenue Act, 1954, confers powers upon the Revenue Authorities, particularly the Financial Commissioner, to call for, examine, and revise proceedings of subordinate Revenue Officers. It serves as a crucial legal mechanism for ensuring the correctness, legality, and propriety of revenue records and orders, thereby maintaining the integrity of land revenue administration.
Section 17 empowers the Financial Commissioner to:- Call for the record of any case pending before or disposed of by any Revenue Officer subordinate to him.- Examine and review such proceedings.- Pass such orders as he thinks fit, including reversing or modifying subordinate orders, subject to the proviso that parties must be given an opportunity of being heard before any order affecting their rights is passed.
Section 17 itself does not prescribe specific punishments for non-compliance or misuse. However:- If a Revenue Officer acts beyond his jurisdiction or without giving parties an opportunity, the order can be set aside or quashed.- Malafide or arbitrary exercise of powers can lead to disciplinary action under service rules or judicial review.- In cases of illegalities or procedural lapses, courts may declare such orders null and void, and appropriate legal consequences may follow for wrongful acts.
Section 17 of the Himachal Pradesh Land Revenue Act, 1954, is a vital statutory provision that ensures the legality, correctness, and fairness of revenue proceedings. It acts as a safeguard against illegal or irregular orders, maintains the integrity of revenue records, and upholds principles of natural justice by mandating parties’ opportunity to be heard. Its proper exercise requires adherence to procedural requirements and respect for finality, with courts having the authority to scrutinize and set aside unlawful orders.
Note: The above legal commentary synthesizes the information from the provided sources, emphasizing the scope, essential ingredients, and judicial interpretations of Section 17, along with the procedural and substantive principles governing its exercise.
(1) The State Government may make rules consistent with this Act for regulating the procedure of Revenue Officers under this Act in cases in which a procedure is not prescribed by this Act.
(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment from, and delivery of possession of immovable property, and rules providing for those matters may confer on a Revenue Officer all or any of the powers in regard to contempts, resistance and the like which a Civil Court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery, or possession of, such property.
(3) Subject to the rules under this section, a Revenue Officer may refer any case which he is empowered to dispose of under this Act to another Revenue Officer for investigation and report, and may decide the case upon the report.
(1) Appearances before a Revenue Officer, and applications to and acts to be done before him, under this Act may be made or done-
(b) by their recognised agents or a legal practitioner:
Provided that the employment of a recognised agent or legal practitioner shall not excuse the personal attendance of a party to any proceeding in any case in which personal attendance is specially required by an order of the officer.
(2) For the purposes of sub-section (1), recognised agents shall be such persons as the State Government may, by notification, declare in this behalf.
(3) The fees of a legal practitioner shall not be allowed as costs in any proceeding before a Revenue Officer under this Act unless that officer considers for reasons to be recorded by him in writing, that the fees should be allowed.
(1) A Revenue Officer may summon any person whose attendance he considers necessary for the purpose of any business before him as a Revenue Officer.
(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his recognized agent or a legal practitioner.
(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as the Revenue Officer may require.
(1) A summons issued by a Revenue Officer shall if practicable, be served (a) personally, on the person to whom it is addressed or failing him (b) his recognised agent 1 [XXXXXX].
(2) If service cannot be so made, or if acceptance of service so made is refused, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or if that person does not reside in the district in which the Revenue Officer is employed and the case to which the summons relates has reference to land in that district, then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situated.
(3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the Revenue Officer so directs, be served by delivery of a copy
A notice, order or proclamation or copy of any such document, issued by a Revenue Officer for service on any person shall be served in the manner provided in the last foregoing section for the service of a summons.
When a proclamation relating to any land is issued by a Revenue Officer it shall, in addition to any other mode of publication which may be prescribed in any provision of this Act, be made by beat of drum or other customary method and by the posting of a copy thereof on a conspicuous place in or near the land to which it relates.
1 [XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
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1. Sections 23-A and 23-B inserted vide H.P. Act No. 15 of 2000 and deleted vide H.P. Act No. 1 of 2004.
(1) An Assistant Collector may exercise his powers under this Act, at any place within the limits of the district in which he is employed.
(2) Any other Revenue Officer may only exercise, his powers under this Act within the local limits of his jurisdiction.
1 [1) Revenue Officers 2 [XXXXXX] shall observe holidays as are notified by the State Government for its employees.]
(2) A proceeding had before a Revenue Officer on a day specified in the list as a day to be observed by him as a holiday shall not be invalid by reason only of its having been had on that day.
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1. Sub-section (1) substituted vide H.P. Act No. 15 of 2000.
2. The words "and Revenue Courts" deleted vide H.P. Act No. 1 of 2004.
When a Collector dies or is disabled from performing his duties, the Officer who succeeds temporarily to the chief executive administration of the district under any orders which may be generally or specially issued by the State Government in this behalf shall be deemed to be a Collector under this Act.
When a Revenue Officer of any class who has been invested under the foregoing provisions of this Act with any powers to be exercised in any local area is transferred from that local area to another as a Revenue Officer of the same or a higher class, he shall continue to exercise those powers in that other local area unless the State Government otherwise directs or has otherwise directed.
(1) The State Government may by notification confer on any person:-
(b) all or any of the powers with which an Assistant Collector may be invested thereunder, and may by notification withdraw any powers so conferred.
(2) A person on whom powers are conferred under sub-section (1) shall exercise those powers within such local limits and in such classes of cases as the State Government may direct, and except as otherwise directed by the State Government shall for all purposes connected with the exercise thereof, be deemed to be a Financial Commissioner, Commissioner, Collector or Assistant Collector, as the case may be.
(3) If any of the powers of a Collector under this Act are conferred on an Assistant Collector, they shall, unless the State Government by special order o
The State Government may make rules to regulate the appointment, duties, emoluments, punishment, suspension and removal of kanungos and village officers.
(1) The State Government may, by notification, impose on all or any estates in the territories for the time being administered by it a cess, to be called the village officers' cess, at such rate or rates not exceeding 1 [five paise] per rupee of the annual value as it may think fit for remunerating Nambardars in those territories and for defraying other expenditure directly connected with the supervision of those officers or with the performance of their duties.
(2) 'Annual value' in sub-section (1) means:-
(b) where the land-revenue has been permanently assessed or has been wholly or in part compounded for or redeemed, double the amount which, but for such permanent assessment, composition or redemption, would have been leviable; or
(c) where no land-r
(1) The emoluments of a village officer shall not be liable to attachment in execution of a decree or order of any civil or revenue court.
(2) An assignment of, or charge on, or agreement to assign or charge, any such emoluments shall be void unless it is authorised by rules made by the Financial Commissioner in this behalf.
(1) Save as otherwise provided by this Chapter, there shall be a record-of-rights for each estate.
(2) The record-of-rights for an estate shall include the following documents, namely:-
(i) the persons who are land-owners, tenants or assignees of land revenue 1 [in the estate or who] receive any of the rents, profits in the estate, or who are entitled to the produce of the estate, or to occupy land therein;
(ii) the nature and extent of the interests of those persons, and the conditions and liabilities attaching thereto; and
(iii) the rent, land revenue, rates, cesses or other payments due from and to each of those persons and to the Government;
(b) a statement of customs respecting rights and liabilities in the estate;
(c) a map of the estate; an
(1) When it appears to the State Government that a record-of-rights for an estate does not exist, or that the existing record-of-rights for an estate requires special revision, it may by notification direct that record-of-rights be made or that the record-of-right be specially revised, as the case may be.
(2) The notification may direct that record-of-rights shall be made or specially revised for all or any estates in any local area.
(3) A record-of-rights made or specially revised for an estate under this section shall be deemed to be the record-of-rights for the estate, but shall not affect any presumption in favour of the State, which has already arisen from any previous record-of-rights.
1 [(4) The record-of-rights to be made or specially revised shall be done in the manner prescribed.
(5) When a District or a part thereof, for making of special revision or record-o
1In case the measurements of any land in the record-of-rights are recorded in non-metric system, there shall, during making record-of-rights or special revision of record-of-rights under section 33 of this Act, be a complete remeasurement of the estate or sub-estate based on the units of metric system in accordance with the provisions of the Standards of Weights and Measures Act, 1976.]
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1. Section 33-A inserted vide H.P. Act No. 3 of 1996 effective from 23rd September, 1976.
1(1) The Collector shall cause to be prepared 2 [by the Patwari of each estate] yearly, or at such other intervals as the Financial Commissioner may prescribe, an edition of the record-of-rights amended in accordance with the provisions of this Chapter.
(2) This edition of the record-of-rights shall 3 [XXXXXXX] comprise the statements mentioned in sub-section (2) clause (a), of section 32 and such other documents, if any, as the Financial Commissioner may, with the previous sanction of the State Government, prescribe.
(3) For the purposes of the preparation of the 4 [periodical] record
5 [under this section], the Collector shall cause to be kept up by the patwari of each estate 6 [XXXXXXX] a register of mutations and such other registers as the Financial Commissioner may prescribe.
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1Wherever it is expedient to do so in the public interest and smooth implementation of the provisions of this Act, the State Government or the Collector, with the approval of the Financial Commissioner, may, after inviting the public objections, divide an estate into two or more sub-estates or merge two or more estates or sub-estates into one estate, for making record-of-rights or special revision of record-of-rights under section 33, assessment of land revenue under chapter-V and collection of land revenue under chapter VI of this Act:
Provided that a sub-estate shall form the part of the original estate out of which it has been formed and the creation of such estate or sub-estate shall not extinguish or modify the rights of right-holders of that estate.]
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1. Section 34-A. inserted vide H.P. Act No. 3 of
(1) Any person acquiring by inheritance, purchase, mortgage, gift or otherwise, any right in an estate as a land-owner 3 [etc.] assignee of land revenue, or tenant having a right of occupancy, shall report his acquisition of the right to the patwari of the estate 4 [XXXXXXXXXXXXXXX]
(2) If the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the patwari 5 [xxxxxxxxxxxxxxx]
(3) The patwari 6 [xxxxxxxxxxxxxxx]shall enter in his register of mutations every report made to him under sub-section (1) or sub-section (2) and shall also make an entry therein respecting the acquisition of any such rights as aforesaid which he has reasons to believe to have taken place, and of which a report should have been made to him under one or other of those sub-sections and has not been so made.
The acquisition of any interest in land other than a right referred to in sub-section (1) of the last foregoing section shall--
(b) if it is disputed, be entered by the patwari in the register of mutations and dealt with in the manner prescribed in sub-sections (5) and (6) of the last foregoing section:
3 [Provided that no entry in respect of the Government land shall be recorded under clause (a) by the Patwari except under the orders of the State Government or of a Revenue Officer not below the rank of the Collector.]
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1. Substituted vide H.P. Act No. 15 of 2000.
2. Substituted for the word "an
1(1) If during the making, revision or preparation of any record or in the course of any enquiry under this Chapter, a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue Officer may of his own motion or on the application of any party interested, but subject to the provisions of the next following section and after such inquiry as he thinks fit, determine the entry to be made as to that matter.
(2) If in any such dispute the Revenue Officer is unable to satisfy himself as to which of the parties thereto is in possession of any property to which the dispute relates, he shall ascertain through the Gram Panchayat constituted under the Himachal Pradesh Panchayati Raj Act, 1994 (Act No. 4 of 1994) or any other agency so prescribed by the Financial Commissioner or by summary inquiry who is the person best entitled to the property and shall by order direct that, that person be
Entries in records-of-rights or in 1 [periodical] records, except entries made in 2 [periodical] records by patwaries under clause (a) of section 36 with respect to undisputed acquisitions of interest referred to in that section, shall not be varied in subsequent records otherwise than by-
3 [(aa) making entries in respect of Government land in accordance with the order made by the State Government or by a Revenue Officer not below the rank of the Collector;]
(a) making entries in accordance with facts proved or admitted to have occurred;
(b) making such entries as are agreed to by all the parties interested therein or are supported by a decree or order binding on those parties; and
(c) making new maps where it is necessary to make them.
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1Clerical or arithmetic mistake of an error apparent on the face of the record, arising from any accidental slip or omission, found in the record-of rights of an estate or sub-estate during the making of, or special revision of, any record-of rights or documents mentioned in sub-section (2) of section 32 of this Act, may, either of his own motion or on the application of any of the parties, be corrected by the Collector, making, or specially revising, the record -of rights.
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1. Section 38-A inserted vide H.P. Act No. 3 of 1996.
(1) The State Government may fix a scale of fees for all or any classes of entries in any record or register under this Chapter and for copies of any such entries.
(2) A fee in respect of any entry shall be payable by the person in whose favour the entry is made.
Any person neglecting to make the report required by section 35 within three months from the date of his acquisition of a right referred to in that section shall be liable, at the discretion of the Collector to a fine not exceeding five times the amount of the fees which, would, have been payable according to the scale fixed under the last foregoing section if the acquisition of the right had been reported immediately after its accrual.
Any person whose rights, interests or liabilities are required to be entered in any record under this Chapter shall be bound to furnish, on the requisition of any Revenue Officer or village officer, engaged in compiling the record, all information necessary for the correct compilation thereof.
All mines of metal and coal and all earth oil and gold washing shall be deemed to be the property of the Government 1 [for the purposes of the State and the State Government shall have all powers necessary, for the proper enjoyment of the Government's rights thereto].
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1. Added vide H.P. Act No. 21 of 1976.
(1) When in any record-of-rights completed before the eighteenth day of November, 1871, it is not expressly provided that any forest, quarry, unclaimed, unoccupied, deserted or waste-land, spontaneous produce or other accessory interest in land belongs to the land-owners, it shall be presumed to belong to the Government.
(2) When in any record-of-rights completed after that date it is not expressly provided that any forest or quarry or any such land or interest belongs to the Government, it shall be presumed to belong to the land owners.
(3) The presumption created by sub-section (1) may be rebutted by showing-
(b) if the record or report is silent, then from a comparison between the assessment of villages in which there existed, and the assessment of villages of similar character in whi
(1) Whenever, in the exercise of any right of the State referred to in either of the two last foregoing sections, the rights of any person are infringed by the occupation or disturbance of the surface of any land, the State Government shall pay, or cause to be paid to that person compensation for the infringement.
(2) The compensation shall be determined as nearly as may be in accordance with the provisions of the Land Acquisition Act, 1894 (1 of 1894).
An entry made in a record of rights in accordance with the law for the time being in force, or a 2 [periodical] record in accordance with the provisions of this Chapter and the rules thereunder, shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor:
Provided that notwithstanding anything contained in this section any entry made 3 [in the areas comprised in Himachal Pradesh immediately before 1st November, 1966] 4 [during the period between the first day of April, 1948 and the first day of April, 1956] in records of rights or in 5 [a periodical] record whereby the land is shown as under self cultivation shall not be presumed to be true:
6 [Provided further that the record-of-rights and periodical record, prepared by means of computerisation in the prescribed manner shall be presumed to be true and shall be deemed to hav
1 If any person considers himself aggrieved as to any right of which he is in possession by an entry in a record-of-rights or in a periodical record, he may institute a suit for a declaration of his right under Chapter VI of the Specific Relief Act, 1963 (Act No. 47 of 1963).]
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1. Section 46 Amended vide H.P. Act No. 21 of 1976, substituted vide H.P. Act No. 15 of 2000 amended vide H.P. Act No. 3 of 2001 and again substituted vide H.P. Act No. 1 of 2004.
The Financial Commissioner may make rules-
(b) prescribing the form of those records and registers, and the manner in which they are to be prepared, signed and attested;
(c) for the survey of land so far as may be necessary for the preparation and correction of those records and registers;
(d) for the conduct of inquiries by Revenue Officers under this Chapter; and
(e) generally for the guidance of Revenue Officers and village officers in matters pertaining to records and registers mentioned or referred to in this Chapter;
1 [(f) for computerisation of record-of-rights and periodical records.]
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1The Collector making record-of-rights or making special revision of record-of-rights, with the approval of the Financial Commissioner, may, for the guidance of the Revenue Officers/Officials, give directions or issue instructions relating to all matters to which the provisions of the Chapter IV and V apply; provided that such a direction or instruction shall be consistent with the provisions of this Act and the rules made thereunder.]
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1. Section 47-A inserted vide H.P. Act No. 3 of 1996, effective from 23rd September, 1976.
(1) The Financial Commissioner, may direct that a record of rights be made for any group of neighbouring estates instead of separately for each of the estates.
(2) The provisions of this Chapter with respect to record-of-rights and 2 [periodical] record for an estate shall then, so far as they can be made applicable, apply to a record of rights and 3 [periodical] record for a group of estates.
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1. Substituted for the word "an annual" vide H.P. Act No. 21 of 1976.
2. Substituted for the word "annual" vide H.P. Act No. 21 of 1976.
3. Substituted for the word "annual" vide H.P. Act No. 21 of 1976.
(1) All land to whatever purpose applied and wherever situate, is liable to the payment of land revenue to the State Government except such land as has been wholly exempted from that liability by special contract with the State Government or by the provision of any law for the time being in force and such land as is included in the village site.
(2) Land revenue shall be assessed in cash.
(3) Land may be assessed to land revenue notwithstanding that revenue by reason of its having been assigned, compounded for or redeemed, as not payable to the State Government.
(4) Land revenue may be assessed-
(a) as a fixed annual charge payable in a lump sum or by instalments;
1 The assessment of land revenue shall be based on an estimate of-
(b) in the case of special assessment of land put to non-agricultural use in an assessment circle or part thereof,-
(i) the average net letting value of a category and class of sites, or
(ii) where for any reason it is not possible to ascertain the net letting value, on the average market value of sites as determined in the manner prescribed:
Provided that when a special assessment is made under section 63, notwithstanding the period fixed for the continuance of an assessment or the limit provided in section 51 or the area having been declared to be an urban assessment circle, the land revenue may be assessed as a fixed annual charge payable
1 If land revenue is assessed as a fixed annual charge the amount thereof, and, if it is assessed in the form of prescribed rate, the average amount which, according to an estimate in writing approved by the State Government will be leviable annually shall not, in the case of any assessment circle exceed one-fourth of the estimated money value of the net assets of such assessment circle or in the case of special assessment on a category and class of sites of land put to non-agricultural use in an assessment circle or part thereof-
(b) exceed two to four percent of average market value; or
(c) in the case of sites lying vacant and out of use, exceed one percent of average market value:
Provided that nothing contained in this section shall affect any assessment in force at the time of the commencemen
(1) Assessment of land revenue may be general or special.
(2) A general re-assessment of the land revenue of any area shall not be undertaken without the previous sanction of the State Government and notification of that sanction.
In granting such sanction the State Government may give such instructions consistent with the provisions of this Act and the rules made thereunder as it may deem fit.
(1) A general assessment shall be made by a Revenue Officer.
(2) Before making such assessment the Revenue Officer shall report through the Financial Commissioner for the sanction of the State Government his proposals with regard thereto.
(1) After consideration of the proposals submitted by the Revenue Officer under the provisions of section 53 the State Government shall pass such order as it may deem fit, 1 [subject to the provisions of sub-sections (3) and (4)] and on the receipt of such order the Revenue Officer shall make an order determining the assessment proper for each estate concerned and shall announce it in such manner as the State Government may by rule prescribe.
(2) At the time of announcing the assessment the Revenue Officer shall also declare the date from which it is to take effect and, subject to the other provisions of this Act, it shall take effect accordingly.
2 [(3) Subject to the provisions of sub-section (4), the average rate of incidence on the cultivated area of the land-revenue imposed under the provisions of sub-section (1) on any assessment circle forming part of any area in respect of which a notification
(1) The land-owner, may, within thirty-days from the date of the announcement of the assessment, present a petition to the Revenue Officer for reconsideration of the amount, form or conditions of the assessment.
1[(2)XXXXXXXXXXXXXXXXXXXXXXXXXX]
(3) The order passed by the Revenue Officer on the petition shall set forth his reasons for granting or refusing it.
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1. Sub-section (2) deleted vide H.P. Act No. 15 of 2000.
(1) An assessment the undertaking of which has been sanctioned under the provisions of section 52 shall not be considered final until it has been confirmed by the State Government.
(2) At any time before an assessment is so confirmed the Commissioner or Financial Commissioner may subject to the provisions of sub-section (3) modify the assessment of any estate.
(3) Before an enhancement is ordered under the provisions of sub-section (2) the Commissioner or the Financial Commissioner, as the case may be, shall cause reasonable notice to be given to the land owners by proclamation published in the manner described in section 23, to show cause in a petition addressed to the Revenue Officer why the proposed enhancement should not be ordered, and the Revenue Officer shall enquire into any objections raised by any land owner and submit such petition received with his report thereon to the Commissioner or the Financial Commissioner
(1) The State Government shall, when confirming an assessment under sub-section (1) of section 56, fix a period of time for which the assessment shall remain in force.
(2) The period fixed under sub-section (1) shall be 1 [forty years]:
Provided that-
(ii) nothing in this sub-section shall affect any assessment in force at the time of the commencement of this Act or apply to an area which has been declared to be an urban assessment circle under the provisions of 2[sub-section (4)] of section 54.
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1. The words "twenty years" substituted for the "forty years" vide H.P. Act No. 15 of
Notwithstanding the expiration of the period fixed for the continuance of an assessment under the last foregoing section, the assessment shall remain in force till a new assessment takes effect.
(1) At any time within ninety days from the date of the announcement of an assessment of the estate, the land-owner or where there are more land-owners than one, any of them who would be individually or collectively liable for more than half the sum assessed, may give notice to the Revenue Officer of refusal to be liable for the assessment.
(2) When the Revenue Officer receives a notice under sub-section (1), the Collector may take possession of the estate and deal with it himself as nearly as may be, or refer it to the Gram Panchayat as if the annulment of the assessment thereof had been ordered as a process for the recovery of an arrear of land-revenue due thereon.
(3) While the estate is in the possession of the Collector the land-owner or land-owners shall be entitled to receive from the State Government an allowance to be fixed by the Financial Commissioner, which shall not be less than five and more than ten per cent
(1) If the assessment announced under section 54 is in whole or in part a fixed assessment of an estate for a term of years, the Revenue Officer shall, before the date on which the first instalment thereof becomes payable, make an order distributing it over the several holdings comprised in the estate and make and publish a record of the distribution.
(2) The Collector may for sufficient reason make an order revising that record at any time while the assessment continues to be in force, and publish the record so revised.
(3) If the assessment announced under section 54 is in the form of rates chargeable according to the results of each year or harvest, a Revenue Officer shall from year to year or from harvest to harvest as the conditions of the assessment may require, make and publish not later than one month before the first instalment of the land revenue falls due, a record of the amount payable in respect of each holding
(1) Any person affected by a record made under sub-section (1) or sub-section (3) of the last foregoing section or by the revision of a record under sub-section (2) of that section, may, within thirty days from the date of publication of the record, present a petition to the Revenue Officer for a re-consideration of the record so far as it affects him.
(2) The order passed by the Revenue Officer on the petition shall set forth his reasons for granting or refusing it.
An appeal from an order under the last foregoing section or section 55 shall lie to the Commissioner, and from the appellate order of the Commissioner to the Financial Commissioner.
1 [XXXXXXXXXXXXXXXXXXX]
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1. The proviso added vide H.P. Act No. 12 of 1956 and deleted vide H.P. Act No. 21 of 1976.
(1) Special assessments may be made by Revenue Officers in the following cases, namely:-
(b) when lands are sold, leased or granted by the State;
(c) when the assessment of any land has been annulled or the land-owner has refused to be liable therefor, and the term for which the land was to be managed by the Collector or his agent or let in farm has expired;
(d) when assessments of land revenue require revision in consequence of the action of water or sand or of calamity of season or from any other cause;
(e) when revenue due to the State on account of pasture or other natural products of land, or on account of mills, fisheries or natural products of water or on account of other rights described in section 42 or section 43, has not been included in an assessment made under the foregoing
The State Government shall, subject to the provisions of section 65 from time to time, make rules prescribing:-
1 [(a) the method by which the estimate of the money value of the net assets of an estate or group of estates shall be made;]
(b) the method by which assessment to land revenue shall be made;
(c) the principles on which exemption from assessments shall be allowed for improvements;
(d) the manner in which assessment shall be announced;
2 [(e) the manner in which the rate of incidence of the land-revenue is to be calculated for the purpose of sub-section (3) of section 54.]
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1. Clause (a) substituted vide H.P. Act No. 15 of 2000 again substituted vide H.P. Act No. 1 of 2004.
2. C
Before making any rules under the provisions of section 64, the State Government shall publish by notification, a draft of the proposed rules for the information of persons likely to be affected thereby 1 [XXXXXXXXXXXXXXXX].
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1 The words and sign "at least thirty days before a meeting of the Himachal Pradesh Legislative Assembly. The State Government shall defer consideration of such rules until after the meeting of the Himachal Pradesh Legislative Assembly next following the publication of the draft, in order to give any member of the Assembly an opportunity to introduce a motion for discussing the draft" omitted vide A.O., (5) 1957.
Notwithstanding anything contained in section 65 for the purpose of all assessment operations begun before the date of publication of rules made after the commencement of this Act, the rules and executive instructions relating to the matters mentioned in clauses (a), (b), (c) and (d) of section 64 which were in force before such publication shall remain in force.
The State Government or the Financial Commissioner with the approval of the State Government may, for the guidance of Revenue Officers, from time to time, issue executive instructions relating to all matter to which the provisions of this Chapter apply, provided that such instructions shall be consistent with the provisions of this Act and the rules made thereunder.
(1) In the case of every estate the entire estate and the land-owner or, if there are more than one, the land-owners jointly and severally, shall be liable for the land-revenue for the time being assessed on the estate:
Provided that--
(b) when there are superior and inferior land-owners in the same estate, the Financial Commissioner may by rule, or by special order in each case, determine whether the superior or inferior land-owners shall be liable for the land-revenue, or whether both shall be so liable, and, if so, in what proportions.
(2) A notification under proviso (a) to sub-section (1) may have reference to any s
The land revenue for the time being assessed on an estate or payable in respect of a holding shall be the first charge upon the rents profits and produce thereof.
(2) Without the previous consent of the Collector, the rents, profits or produce of an estate or holding shall not be liable to be taken in execution of a decree or order of any Court until the land revenue chargeable against the rents profits or produce, and any arrear of land revenue due in respect of the estate or holding, have been paid.
(1) Notwithstanding anything in any record-of-rights, the Financial Commissioner may fix the number and amount of the instalments, and the times, places and manner, by, at and in which land revenue is to be paid.
(2) Until the Financial Commissioner otherwise directs, land revenue shall be payable by the instalments at the times and place and in the manner, by, at and in which it is payable at the commencement of this Act.
(1) The Financial Commissioner may make rules consistent with this Act to regulate the collection, remission and suspension of land-revenue and may by those rules determine the circumstances and terms in and on which land revenue may be collected by the assignee.
(2) Where land-revenue due to an assignee is collected by a Revenue Officer, there shall be deducted from the sum collected such a percentage on account of the cost of collection as the Financial Commissioner may by rule in this behalf prescribe.
(3) A suit for an arrear of assigned land-revenue shall not be entertained unless there is annexed to the plaint at the time of the presentation thereof a document under the hand of the Collector specially authorizing the institution of the suit.
The costs of any process issued under this Chapter shall be recoverable as part of the arrear of land revenue in respect of which the process was issued.
A statement of account certified by a Revenue Officer shall be conclusive proof of the existence of an arrear of land-revenue, of its amount and of the person who is the defaulter.
Subject to other provisions of this Act, an arrear of land-revenue may be recovered by any one or more of the following processes, namely:-
1 [(b) by arrest and detention of his person;]
(c) by distress and sale of his movable property and uncut or ungathered crops;
(d) by transfer of the holding in respect of which the arrear is due;
(e) by attachment of estate or holding in respect of which the arrear is due;
(f) by annulment of the assessment of that estate or holding;
(g) by sale of that estate or holding;
(h) by proceedings against other immovable property of the defaulter.
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1. Clause (b)
A writ of demand may be issued by a Revenue Officer on or after the day following that on which an arrear of land revenue accrues.
1(1) At any time after an arrear of land revenue has accrued a Revenue officer may issue a warrant directing an officer named therein to arrest the defaulter and bring him before the Revenue-officer.
(2) When the defaulter is brought before the Revenue-officer, the Revenue officer may cause him to be taken before the Collector, or may keep him under personal restraint or in the revenue lock up for a period not exceeding ten days and then, if the arrear is still unpaid, cause him to be taken before the Collector.
(3) When the defaulter is brought before the Collector, the Collector may issue an order to the officer-in-charge of the civil jail of the district, directing him to confine the defaulter in the jail for such period, not exceeding one month from the date of the order, as the Collector thinks fit.
(4) The process of arrest and detention shall not be executed against a defaulter who is
(1) At any time after an arrear of land-revenue has accrued, the movable property and uncut or ungathered crops of the defaulter may be distrained and sold by order of a Revenue Officer.
(2) The distress and sale shall be conducted as nearly as may be, in accordance with the law for the time being in force for the attachment and sale of movable property under the decree of Revenue Court constituted under the 1 [law for the time being in force]:
Provided that, in addition to the particulars exempted by that law from liability to sale, so much of the produce of the land of the defaulter as the Collector thinks necessary for seed grain and for the subsistence, until the harvest next following, of the defaulter and his family, and of any cattle exempted by that law, shall be exempted from sale under this section.
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(1) At any time after an arrear of land revenue has accrued on a holding, the Collector may transfer the holding to any person being a land owner of the estate in which this holding is situate and not being a defaulter in respect of his own holding, on condition of his paying the arrear before being put in possession of the holding, and on such further conditions as the Collector may see fit to prescribe.
(2) The transfer may, as the Collector thinks fit, be either till the end of the agricultural year in which the defaulter pays to the transferee the amount of the arrear which the transferee paid before being put in possession of the holding, or for a term not exceeding fifteen years from the commencement of the agricultural year next following the date of the transfer.
(3) The Collector shall report to the Financial Commissioner any transfer made by him under this section, and the Financial Commissioner may set aside the
(1) At any time after an arrear of land revenue has accrued the Collector may cause the estate or holding in respect of which the arrear is due to be attached and taken under his own management 1 [or that of an agent appointed by him for that purpose] or that of a Gram Panchayat.
(2) The Collector 2 [or the agent] or Gram Panchayat shall be bound by all the engagements which existed between the defaulter and his tenants, if any, and shall be entitled to manage the land and to receive all rents and profits accruing therefrom to the exclusion of the defaulter until the arrear has been satisfied, or until the Collector restores the land to the defaulter.
(3) All surplus profits of the land attached beyond the cost of attachment and management and the amount necessary to meet the current demand for land revenue and rates and cesses shall be applied in discharge of the arrear.
(4) Land
(1) When an arrear of land revenue has been due for a longer period than one month, and the foregoing processes are not deemed sufficient for the recovery thereof, the Financial Commissioner may, in addition to or instead of all or any of those processes, order the existing assessment of the estate or holding in respect of which the arrear is due to be annulled.
(2) The provision of this section shall not be put in force for the recovery of an arrear of land revenue which has accrued on land:-
(b) while under the charge of the Court of Wards.
(3) When the assessment of any land has been annulled, the Collector may, with the previous sanction of the Financial Commissioner, either manage the land himself or through an agent, or let it in farm to any person willing to accept the farm, for such term and on such
(1) When any land is attached under section 78, or when the assessment of any land has been annulled under the last foregoing section, the Collector shall make proclamation thereof.
(2) No payment made by any person to the defaulter before the making of the proclamation on account of rent or any other asset in anticipation of the usual time for the payment shall, without the special sanction of the Collector, be credited to that person or relieve him from liability to make the payment to the Collector or his agent or farmer.
(3) No payment made after the making of the proclamation on account rent or any other asset of the estate or holding to any person other than the Collector or his agent or farmer shall be credited to the person making the payment or relieve him from liability to make the payment to the Collector or his agent or farmer.
When an arrear or land-revenue has accrued and the foregoing processes are not deemed sufficient for the recovery thereof, the Collector, with the previous sanction of the 1 [Commissioner], may, in addition to, or instead of, all or any of those processes, and subject to the provisions hereinafter contained, sell the estate or holding in respect of which the arrear is due:
Provided that land shall not be sold for the recovery of:-
(b) any arrear which has accrued while the land was under attachment under section 78 of this Act; or
(c) any arrear which has accrued while the land was held under direct management by the Collector or in farm by any other person, under
(1) Land sold under the last foregoing section shall be sold free of all encumbrances, and all grants and contracts previously made by any person other than the purchaser in respect of the land shall become void as against the purchaser at the sale.
(2) Nothing in sub-section (1) shall affect:-
(b) any lease at a fair rent, temporary or perpetual, for the erection of a dwelling house or manufactory, or for a mine, garden, tank, canal, place of worship, or burial ground, so long as the land continues to be used for the purposes specified in the lease; or
(c) any encumbrance, grant, contract or right of occupancy specially saved by order of the Financial Commissioner and proclaimed as hereinafter provided.
(1) If the arrear cannot be recovered by any of the processes hereinbefore provided, 1 [or if the 2{Commissioner}]considers the enforcement of any of those processes to be inexpedient, the Collector may, where the defaulter owns any other estate or holding or any other immovable property, proceed under the provisions of this Act against that property as if it were the land in respect of which the arrear is due:
Provided that no interests save those of the defaulter alone shall be so proceeded against, and no encumbrances created, grants made 3 [or contracts] entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded against.
(2) When the Collector determines to proceed under this section against 4 [immovable property] other than the land in respect of which the arrear is due, he shall issue a proclamation prohibiting the transfer or
(1) Notwithstanding anything in section 73 when proceedings are taken under this Act for the recovery of an arrear the person against whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof and pays the same under protest made in writing at the time of a payment and signed by him or his agent, institute a suit in a Civil Court for the recovery of the amount so paid.
(2) A suit under sub-section (1) must be instituted in a court having jurisdiction in the place where the office of the Collector of the district in which the arrear or some part thereof accrued is situate.
(1) On the receipt of the sanction of the 1 [Commissioner] to the sale of any immovable property, the Collector shall issue a proclamation of the intended sale, specifying-
(b) the property to be sold, and, if it is an estate or holding, the land-revenue assessed thereon or payable in respect thereof;
(c) if the property is to be sold for the recovery of an arrear due in respect thereof, the encumbrances, grants, contracts and rights of occupancy, if any, specially saved by order of the Financial Commissioner under section 82, sub-section (2), clause (c);
(d) if the property is to be sold otherwise than for the recovery of an arrear due in respect thereof any encumbrance, grant or contract to which the property is known to be liable; and
(e) the amount for the recovery of which the sale is ordered.
A Revenue Officer shall not be answerable for any error, mis-statement or omission in any proclamation under the last foregoing section unless the same has been committed or made dishonestly.
(1) A copy of the proclamation shall be served on the defaulter and be posted in a conspicuous part of the office of the Tehsildar of the tehsil in which the property to be sold is situate.
(2) After a copy of the proclamation has been served on the defaulter and posted in the office of the Tehsildar, a copy thereof shall be posted in the office of the Collector.
(3) The proclamation shall be further published in manner prescribed in section 23 and in such other manner as the Collector thinks expedient.
(1) The sale shall not take place on Sunday or other holiday, or till after the expiration of at least thirty days from the date on which the copy of the proclamation was posted in the office of the Collector.
(2) The sale shall be by public auction, and shall be conducted either by the Collector in person or by a Revenue Officer specially appointed by him in this behalf.
The Collector may from time to time postpone the sale.
If at any time before the bidding at the auction is completed the defaulter pays the arrear in respect of which the property has been proclaimed for the sale, together with the costs incurred for the recovery thereof, to the officer conducting the sale, 1 [or proves] to the satisfaction of that officer that he has already paid the same either at the place and in the manner prescribed under section 70 or into Government treasury, the sale shall be stayed.
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1. Substituted for the words "and proves" vide H.P. Act No. 11 of 1955.
When the highest bid at the auction has been ascertained, the person who made that bid shall, on the requisition of the officer conducting the sale, pay to that officer a deposit of twenty-five per centum on the amount of his bid, and shall, on payment thereof, be declared to be the purchaser subject to the provisions of this Chapter with respect to the exercise of any right of pre-emption.
If the person who made the highest bid fails to pay the deposit as required by the last foregoing section, the property shall forthwith be put up again and sold, all expenses attending the first sale, and the deficiency of price, if any, which may happen on the resale, may be recovered from him by Collector as if the same were an arrear of land revenue.
The full amount of the purchase money shall be paid by the purchaser before the close of the fifteenth day from that on which the purchaser was declared
In default of payment of full amount of the purchase money within the period mentioned in the last foregoing section, the deposit referred to in section 91 shall, after defraying the expenses of the sale, be forfeited to the State Government and, may if the Collector, with the previous sanction of the Commissioner 1 [XXXXXXXXX] so directs, be applied in reduction of the arrear and the property shall be resold, and the defaulting purchaser shall have no claim in the property or to any part of the sum for which it may subsequently be sold.
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1. The words "or the Financial Commissioner, if there is no Commissioner" inserted vide H.P. Act No. 12 of 1956 and deleted vide H. P. Act No. 21 of 1976.
1Every sale of immovable property under this Chapter shall be reported by the Collector to the Commissioner 2 [XXXXXXXXXXXX].
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1. Substituted vide H.P. Act No. 12 of 1956.
2. The words "or the Financial Commissioner, if there is no Commissioner" deleted vide H.P. Act No. 21 of 1976.
1 [(1) At any time within thirty days from the date of the sale, application may be made to the Commissioner 2 [XXXXXXXXXXXX] to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it].
(2) But a sale shall not be set aside on that ground unless the applicant proves to the satisfaction of the Commissioner 3 [XXXXXXX] that he has sustained substantial injury by reason of the irregularity or mistake.
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1. Substituted vide H. P. Act No 12 of 1956.
2. The words "or the Financial Commissioner, if there is no Commissioner" deleted vide H.P. Act No. 21 of 1976.
3. The words "or the Financial Commissioner, if there is no Commissioner" were inserted vide H.P. Act No. 12 of 1956 and deleted vide H.P. A
(1) After the expiration of thirty days from the date of the sale, if such application as is mentioned in the last foregoing section has not been made, or if such application has been made and rejected, the 1 [Commissioner (XXXXXXXXXXXX)] shall make an order confirming the sale and, if such application has been made and allowed, the 2 [Commissioner (XXXXXX)] shall make an order setting aside the sale.
(2) An order made under this section shall be final.
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1. The words "Commissioner or the Financial Commissioner, if there is no Commissioner" substituted for the word "Commissioner" vide H.P. Act No. 12 of 1956 and the words "or the Financial Commissioner, if there is no Commissioner" deleted vide H.P. Act No. 21 of 1976.
2. The words "Commissioner or the Financial Commissioner
Whenever the sale of any property is set aside, the purchaser shall be entitled to receive back his purchase-money within three months of the date of rejection of the sale after which date the purchaser will be entitled to interest at such rate not exceeding three per cent per annum as the Financial Commissioner thinks fit on the money deposited.
A sale made after a postponement under section 89, and a resale consequent on a purchaser's default under section 94 or on the setting aside of a sale under section 97, shall be made after the issue of a fresh proclamation in the manner hereinbefore prescribed for the sale.
(1) After a sale has been confirmed in manner aforesaid the Collector shall put the person declared to be the purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has purchased that property.
(2) The certificate shall state whether or not the property was sold for the recovery of an arrear due in respect thereof, and, if it was so sold, shall set forth the encumbrances, grants, contracts and rights of occupancy, if any, specified in the proclamation of the sale as specially saved by order of the Financial Commissioner under section 82, sub-section (2), clause (c).
(3) The certificate shall be deemed to be valid transfer of the property but need not be registered as a conveyance.
(4) Any suit brought in any Court against the certified purchaser on the ground that the purchase was made on behalf of a person other than the certified purchaser shall be dis
(1) When a sale of immovable property under this Chapter has been confirmed, the proceeds of the sale shall be applied in the first place to the payment of any arrears, including cost incurred for the recovery thereof, due to the State from the defaulter at the date of the confirmation of the sale, whether the arrears are of land revenue, or of sum recoverable as arrears of land revenue, and the surplus, if any, shall be paid to the person whose property has been sold, or, if the property sold was owned by more than one person, then to the owners either collectively or according to the amount of their recorded interests, as the Collector thinks fit.
(2) The surplus shall not except under an order of a Court, be paid to any creditor or a person whose property has been sold.
(3) If the proceeds of the sale fall short of such arrears as are referred to in sub-section (1), the balance remaining due from the defaulter may be rec
When a village officer required by rules under section 29 to collect any land revenue 1 [or any sum recoverable as arrears of land revenue] satisfies the Revenue Officer that revenue or sum has fallen due and has not been paid by him, the Revenue Officer may subject to any rules which the Financial Commissioner may make in this behalf, recover it as if it were an arrear of land revenue.
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1. Substituted for the words "any arrears of land revenue recoverable as land revenue" vide H.P. Act No. 11 of 1955.
In addition to any sums recoverable as arrears of land revenue under this Act or any other enactment for the time being in force, the following sums may be so recovered, namely:-
(b) revenue due to the Government on account of pasture or other natural products of lands, or on account of mills, fisheries or natural products of water, or on account of other rights described in section 42 or section 43 in cases in which the revenue so due has not been included in the assessment of an estate;
(c) fees payable to local bodies including the Panchayats formed under 1 [the Himachal Pradesh Panchayati Raj Act, 1968 (19 of 1970)] for the use of or benefits derived from the following works:-
(i) the constructions and repair of embankments and the supply, storage and control of
(1) Any Nambardar who has paid an arrear of revenue due on account of the share of any co-sharer whom he represents may, within six months from the date of such payment, apply in writing to the Revenue Officer to recover such arrear on his behalf as if it were an arrear of revenue payable to State Government.
(2) The Revenue Officer shall on receipt of such application satisfy himself that the amount claimed is due to the Nambardar and may then subject to rules made under this Act proceed to recover, as if it were an arrear of land revenue such amount with costs and interests from the said co-sharer or any person in possession of his share.
(3) The Revenue Officer shall not be made a defendant in any suit in respect of an amount for the recovery of which an order has been passed under this section. No appeal shall lie from an order of a Revenue Officer under this section.
(1) The provisions of Chapter VI, shall, with respect of any sum mentioned or referred to in this Chapter, apply, so far as they can be made applicable, as if the sum were an arrear of land revenue and the person from whom, either as principal or as surety, it is due were a defaulter in respect of such an arrear.
(2) Unless any such sum is declared by any enactment for the time being in force to be recoverable as if it were an arrear of land revenue due in respect of land charged therewith, the provisions of section 83 shall apply under sub-section (1) to the recovery thereof.
(1) The Financial Commissioner may make rules as to the manner in which the boundaries of all or any estates in any local area are to be demarcated and as to the survey-marks to be erected within those estates.
(2) Rules under this section may prescribe, among other matters form of survey-marks and the material to be used in their construction.
(1) A Revenue Officer may, for the purpose of framing any record or making any assessment under this Act or on the application of any person interested, define the limits of any estate, or of any holding, field or other portion of an estate, and may, for the purpose of indicating those limits, require survey-marks to be erected or repaired.
(2) In defining the limits of any land under sub-section (1) the Revenue Officer may, cause survey-marks to be erected on any boundary already determined by, or by order of any Court, Revenue Officer or Forest Settlement Officer, or restore any survey-marks already set up by, or by order of any Court or any such Officer.
1 [XXXXXXXXXXXXXXXXXXXX]
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1. Sub-section (3) added vide H.P. Act No. 15 of 2000 and deleted vide H.P. Act No. 1 of 2004.
(1) When any two or more estates are subject to river action and the limits of any such estates are by any law, custom, decree or order applicable thereto, liable to vary according as variations may from time to time occur in the course or action of such river, the State Government may order a permanent boundary line to be fixed between any such estates or such portion thereof as are liable to river action.
(2) Upon an order being made under sub-section (1), the Collector shall fix a boundary line between such estates or portion of such estates accordingly, and shall demarcate the same, in accordance with the rules (if any) made under section 106 and the provisions of section 107.
(3) Every such boundary line shall be fixed with due regard to the history of the estates and the interests of the persons respectively owning them or possessing rights therein, in such manner as may be just and equitable in the circumstances of e
(1) Every boundary line fixed in accordance with the provisions of section 108 shall, notwithstanding any law or custom, or any decree or order of any court of law, to the contrary, be fixed and constant boundary between the estates affected thereby, and the proprietary and all other rights in every holding, field or other portion of an estate situate on each side of the boundary line so fixed shall, subject to the following proviso, vest in the land-owners of the estate which lies on that side of the boundary line on which such holding, field or other portion of an estate is situate:
Provided that, if, by the operation of this section the proprietary or any other rights in any land which at the time a boundary line is fixed is under cultivation, or reasonably fit for cultivation or yields any produce of substantial value would be transferred from the land owners and other right-holders of any one estate to the land-owners of any other estate, t
(1) When any order has been made under the proviso to sub-section (1) of section 109, the land owners (or any of them) in whom, but for such order, the rights in the land specified therein, would vest, may apply in writing, to the Collector to forthwith transfer the rights, the transfer of which has been suspended by such order, upon payment of compensation for the same.
(2) When an application under sub-section (1) is made, the Collector shall-
(b) cause notice of the application and of the day fixed for the hearing thereof, to be served on, or proclaimed for the information of, all persons recorded as having rights in the land specified in the order made under the proviso to sub-section (1) of section 109, and all other persons interested or claiming to be interested therein;
(c) upon the day so fixed for hearing, or any day
When any person possessing any rights in any land, in regard to the rights in which an order has been made under the proviso to sub-section (1) of section 109, voluntarily transfers such rights to any landowners of the estate, in the land-owners of which, but for such order such rights would vest under the operation of sub-section (1) of section 109, the rights so transferred shall forthwith cease to be subject to such order.
In every case in which, by the operation of section 109 or section 110 or section 111, proprietary or other rights in land are transferred from the land-owners and other right-holders of any one estate to the land-owners of any other estate, such rights shall be subject to all the incidents of tenure and liabilities which under any law or custom for the time being in force, apply to the rights of the land-owners of the estate to which such rights are so transferred.
For the purpose of sections 108, 109 and 110, respectively, the expression "Collector" shall be deemed to include any Revenue Officer appointed by the State Government to perform all or any of the functions of a Collector under any of the provisions thereof.
1 (1) Subject to any rules which the Financial Commissioner may make in this behalf, survey-marks shall be erected or repaired at the cost of the State Government.
(2) During the making or special revision of record-of-rights, the Settlement Officer shall get the survey-mark erected, and thereafter it shall be the duty of the Collector of the District to maintain the survey-mark in good condition.]
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1. Section 114 substituted vide H.P. Act No. 15 of 2000.
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1. Section 115 deleted vide H.P. Act No. 15 of 2000.
Any Revenue Officer, and any person acting under the orders of a Revenue Officer, may, in the discharge of any duty under this Act, enter upon and survey land and erect survey-marks thereon and demarcate the boundaries thereof, and do all other acts necessary for the proper performance of that duty.
(1) When any land is being surveyed in pursuance of rules under section 47, clause (c), any Revenue Officer directing the survey may, by notice or proclamation, require all persons having rights or interests in the land to indicate, within a specified time, by temporary marks of a kind to be described in the notice or proclamation, the limits of those rights or interests.
(2) If a person to whom the notice or proclamation is addressed fails to comply with the requisition, he shall be liable at the discretion of the Revenue Officer to fine which may extend to 1 [fifty] rupees.
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1. Substituted for the word "ten" vide H.P. Act No. 3 of 1996.
(1) For the purposes of the survey of any land in pursuance of rules under section 47, clause (c), the land-owners shall be bound to provide fit persons to act as flag-holders and chain-men.
(2) If the land-owners fail to provide such persons or to provide them in sufficient number, such other persons as a Revenue Officer considers necessary may be employed and the cost of employing them recovered from the land-owners as if it were an arrear of land-revenue.
(1) If it is necessary to make a survey by other agency than that of Revenue Officers or village officers, the State Government may publish a notification stating-
(b) the name or official designations of the officers by whom the survey is to be made; and
(c) the kind of survey-marks to be erected by those officers.
(2) From the date of the notification the officers specified therein, and the persons acting under their orders, shall have for the purposes of the survey the powers conferred on Revenue Officers by section 116.
1 [(1) If any person, wilfully destroys or damages or removes the survey-mark lawfully erected, he may be ordered by a Revenue Officer to pay such fine not exceeding Rs. 2,000/- for each survey mark so destroyed, damaged or removed and in case of repetition of such an act, a fine not exceeding Rs. 5,000/- for each survey-mark, as may, in the opinion of Revenue Officer, be necessary to defray the expenses restoring the same and of rewarding the person, if any, who gave information of the destruction, damage or removal.
Explanation.- For the purpose of this Act, the expression "survey-mark" shall include boundary mark and boundary pillars fixed, raised or erected while defining the limits of an estate or portion of estate or any holding and any field under section 107 of this Act.]
(2) The imposition of a fine under this section shall not bar a prosecution under section 434 of the Indian Penal Code.
Every village officer of an estate shall be legally bound to furnish a Revenue Officer with information respecting the destruction or removal of, or any injury done to any survey-mark lawfully erected in the estate.
(1) A partition of land, either under this Chapter or otherwise, shall not, without the express consent of the Financial Commissioner, affect the joint liability of the land or of the land-owners thereof for the revenue payable in respect of the land, or operate to create a new estate, and, if any conditions are attached to that consent, those conditions shall be binding on the parties to the partition.
(2) A partition of a tenancy shall not, without the express consent of the land-lord, affect the joint liability of the co-sharers therein for the payment of the rent thereof.
Any joint owner of land, or any joint tenant of a tenancy in which a right of occupancy subsists, may apply to a Revenue Officer for partition of his share in the land or tenancy, as the case may be, if-
(b) his right to the share has been established by a decree which is still subsisting at that date, or
(c) a written acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.
Notwithstanding anything in the last foregoing section-
(1) Places of worship and burial grounds held in common before partition shall continue to be so held after partition unless the parties otherwise agree among themselves and record their agreement and file it with the Revenue Officer;
(2) Partition of any of the following properties, namely-
(b) any grazing ground, and
(c) any land which is occupied as the site of a town or village and is assessed to land revenue,
may be refused if, in the opinion of the Revenue Officer, the partition of such property is likely to cause inconvenience to the co-sharers or other persons directly or indirectly interested therein, or to diminish the utility thereof to those persons;
The Revenue Officer, on receiving the application under section 123 shall, if it is in order and not open to objection on the face of it, fix a day for the hearing thereof, and --
(b) issue a proclamation calling on any person who may have objections to the partition to appear before him either in person or by a duly authorised agent on a day fixed for the hearing of the application and to state them.
On the day fixed for the hearing, or on any day to which the hearing may be adjourned the Revenue Officer shall ascertain whether any of the other co-sharers desire the partition of their shares also, and, if any of them so desire, he shall add them as applicants for partition.
After examining such of the co-sharers and other persons as may be present on that day, the Revenue Officer may, if he is of opinion that there is good and sufficient cause why partition should be absolutely disallowed, refuse the application, recording the grounds of his refusal.
If the Revenue Officer does not refuse the application under the last foregoing section, he shall ascertain the questions, if any, in dispute between any of the persons interested distinguishing between-
(b) questions as to the property to be divided, or the mode of making the partition.
(1) When there is a question as to title in any of the property of which partition is sought, the Revenue Officer may decline to grant the application for partition until the question has been determined by a competent Court, or he may himself proceed to determine the question as though he were such a Court.
(2) Where the Revenue Officer himself proceeds to determine the question, the following rule shall apply namely-
(b) if the question is one over which a Civil Court has jurisdiction, the procedure of the Revenue Officer shall be that applicable to the trial of an original suit by a Civil Court, and he shall record a judgment and decree containing the particulars required by the Code of Civil Procedure
(1) When there is a question as to the property to be divided, or the mode of making a partition, the Revenue Officer shall, after such inquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision.
(2) An appeal may be preferred from an order under sub-section (1) within thirty days from the date thereof, and, when such an appeal is preferred and the institution thereof has been certified to the Revenue Officer by the authority to whom the appeal has been preferred the Revenue Officer shall stay proceedings pending the disposal of the appeal.
(3) If an applicant for partition is dis-satisfied with an original or appellate order under this section and applies for permission to withdraw from the proceedings in so far as they relate to the partition of his shares, he shall be permitted to withdraw therefrom on such terms as the Revenue Officer thinks fit.
When any such property as is referred to in section 124, clause (2), is excluded from partition, the Revenue Officer may determine the extent and manner to and in which the co-sharers and other persons interested therein may make use thereof, and the proportion in which expenditure incurred thereon and profits derived therefrom, respectively, are to be borne by and divided among those persons or any of them.
(1) The amount of revenue to be paid in respect of each of the holdings into which land has been divided on a partition, and the amount of rent to be paid in respect of each of the portions into which a tenancy has been so divided, shall be determined by the Revenue Officer making the partition.
(2) The determination of the Revenue Officer as to the revenue to be paid in respect of each holding shall, where the estate in which the holding is situate is subject to a fixed assessment, be deemed to be an order under section 60, sub-section (1).
(3) Where new estates have been created at a partition and the land-revenue has been fraudulently or erroneously distributed among them, the State Government may within twelve years from the time of discovery of the fraud or error, order a new distribution of the land -revenue among several estates, on an estimate of the assets of each estate at the time of the partition, to be made con
When a partition is completed, the Revenue Officer shall cause an instrument of partition to be prepared, and the date on which the partition is to take effect to be recorded therein.
An owner or tenant to whom any land or portion of a tenancy, as the case may be, is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties to the proceedings and their legal representatives, and a Revenue Officer shall, on application made to him for the purpose by any such owner or tenant at any time within three years from the date recorded in the instrument of partition under the last foregoing section, give effect to that instrument so as it concerns the applicant as if it were a 1 [decree of Civil Court for possession of immovable property].
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1. Substituted for the words "decree for immovable property" vide H.P. Act No. 15 of 2000.
(1) In any case in which a partition has been made without the intervention of a Revenue Officer, any party thereto may apply to a Revenue Officer for an order affirming the partition.
1 [(2) On receiving the application, if the Revenue Officer, after hearing the parties, finds that, the partition has taken place and acted upon, he may make an order affirming the partition and get his order implemented by getting the mutation of private partition attested within one month and he shall also distribute the land revenue and rents involved in the holding in accordance with the shares partitioned therein.
(3) Where all the co-sharers make a report in writing duly signed by all of them to the patwari, that, they have privately partitioned the land and separated the possession thereof amicably, the patwari shall make an entry of such report in his diary and enter the mutation which will be decided by the Revenue Officer
(1) When the mode of partition is determined, the Revenue Officer shall cause the cost of making the partition to be estimated, and shall direct that the cost be levied in the first instance from the applicant for partition or from all the co-sharers in such instalments and at such times during the progress of the partition as may be prescribed by rules.
(2) If the amount first estimated is found insufficient supplementary estimates may be made from time to time, and the additional amount may be levied as above provided.
(3) The Financial Commissioner shall make rules for determining the cost of partitions under this Chapter and the mode in which such costs are to be apportioned.
When by established custom any land in an estate is subject to periodical re-distribution a Revenue Officer may, on the application of any of the land-owners, enforce the re-distribution according to the custom, and for this purpose may exercise all or any of the powers of a Revenue Officer in proceeding for partition.
1(1) The Revenue Officer by whom proceedings may be taken under this Chapter shall be the Assistant Collector of either grade.
(2) Notwithstanding anything contained in section 129, when there is a question as to title in any of the property of which partition is sought, such question of title shall be determined by the Revenue Officer not below that of Assistant Collector of First Grade under this Chapter.]
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1. Section 138 substituted vide H.P. Act No. 25 of 2009.
(1) Any Revenue Officer may, with the consent of the parties, refer to arbitration any dispute arising before him in any matter under this Act.
(2) A Collector or any Assistant Collector of the first grade may, without the consent of the parties, refer to arbitration any dispute before him with respect to-
(b) any matter relating to the distribution of an assessment under section 60;
(c) the limits of any estate or of any holding, field or other portion of an estate;'
(d) the property to be divided at a partition or the mode of making a partition.
(1) In referring a dispute to arbitration a Revenue Officer shall mark an order of reference, and specify therein the precise matter submitted to arbitration the number of arbitrators which each party to the dispute is to nominate, the period within which arbitrators are to be nominated, and the period within which the award is to be delivered.
(2) The number of arbitrators which each party may nominate must be the same and must not exceed two.
(3) If from any cause arbitrators are not nominated, or an award is not delivered within the period fixed therefor in the order of reference, the Revenue Officer may from time to time enlarge that period or may cancel the order of reference.
(1) When an order of reference has been made, the parties may each nominate the number of arbitrators specified in the order 1 [and the revenue officer shall nominate one other arbitrator on behalf of the State Government]. 2 [(2) The revenue officer may for reasons to be recorded by him make an order disallowing any nomination made by either party and require that party to make another nomination within a period to be specified in the order and if such other arbitrator is not nominated within the period so specified, the revenue officer, may, from time to time, enlarge that period or may cancel the order of reference].
(3) An order under the last foregoing sub-section shall be final.
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1. Added vide H. P. Act No. 11 of 1955.
2. Sub-section (2) substituted vide H. P. Act No.
If an arbitrator nominated by a party dies, desires to be discharged or refuses or becomes incapable to act, the party may nominate another person in his stead.
In any of the following cases, namely:-
(b) if the nomination of an arbitrator has been disallowed under sub-section (2) of section 141, and another arbitrator is not nominated within the time specified in the order under that sub-section or, having been so nominated, his nomination is also disallowed, or
(c) if a party entitled to nominate an arbitrator in the place of another arbitrator under section 142 fails to nominate him within one week from the date of the communication to him of a notice requiring him to make the nomination, or
(d) if an arbitrator nominated by the Revenue Officer dies, desires to be discharged or refuses or becomes incapable to act, the Revenue Officer may nominate a person as arbitrator.
(1) The Revenue Officer shall, on the application of the arbitrators, issue the same processes to the parties and witnesses whom the arbitrators desire to examine as he may issue in any proceeding under this Act before himself.
(2) Any such party or witness shall be bound to appear before the arbitrators in obedience to a process issued under sub-section (1) either in person or by agent, as the arbitrators may require.
(3) The person attending in obedience to the process shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as may be specified in the process.
(1) The arbitrators shall make an award in writing under their hands concerning the matters referred to them for arbitration, and state therein their reasons therefor, and any arbitrator dissenting from award made by a majority of the arbitrators shall state the grounds of his dissent.
(2) The arbitrators shall present the award to the Revenue Officer in person unless that officer permits them to present it by agent.
When the award has been received, the Revenue Officer shall, if the parties are present, consider forthwith any objections which they may have to make thereto, and, if they are not present, fix a date for the consideration thereof.
(2) Where a date has been fixed for the consideration of an award the Revenue Officer shall on that date, or on any subsequent date to which an adjournment may be made, hear any objections which the parties may have to make to the award.
(3) The Revenue Officer may also, if he thinks fit, question the arbitrators as to the grounds of their award.
(1) The Revenue Officer may accept modify or reject the award, recording his reasons for doing so in his decision, respecting the dispute which was referred to arbitration.
(2) An appeal shall lie from the decision as if arbitrators had not been appointed.
(1) The State Government may, by order published in the Official Gazette, invest any Revenue Officer making or specially revising records-of-rights in any local area in pursuance of a notification under section 33 or making a general re-assessment of land revenue in any local area in pursuance of a notification under section 52 or any Revenue Officer to whose control that officer is subject, with all or any of the powers of any Court constituted under the Himachal Pradesh Courts Order for the purpose of trying all or any specified classes of suits or appeals relating to land arising in the local area.
(2) The State Government may cancel an order under sub-section (1) wholly or in part.
(3) While an order or any part of an order under that sub-section continues in force, the powers conferred thereby shall be exercised by the officers invested therewith and not otherwise.
(4) Any cases pending before tha
(1) The State Government may by notification direct that the provisions of 1 [this Act] with respect to the superintendence and control over Revenue Officers shall, subject to any modification of those provisions which the State Government thinks fit, apply to any Revenue Officer, except the Financial Commissioner, who has been invested with powers of Civil Court of any of the classes specified in the Himachal Pradesh Courts Order and that appeal shall lie from his decrees and orders to, and his decrees and orders be subject to revision by a Revenue Officer invested under the last foregoing section with the powers of a Court which would be competent under the Himachal Pradesh Courts Order to hear appeals from or revise such decrees and orders if they had been made by a Court with the powers of which the Revenue Officer who made them has been invested.
(2) In the absence of any such notification, a Revenue Officer invested under 2
(1) In either of the following cases, namely:-
(b) when the person by whom any such sum is payable is in doubt as to the Nambardar or other landowner or the assignee of land revenue, entitled to receive it,
that person may apply to a Revenue Officer for leave to deposit the sum in his office, and the Revenue Officer shall receive the deposit if, after examining the applicant, he is satisfied that there is sufficient ground for the application, and if the applicant pays the fee, if any, which may be chargeable on any notice to be issued of the receipt thereof.
(2) When a deposit has been so received, the liability of the
If the deposit purports to be made on account of deposit on account of any payment due to the State, it may be credited accordingly.
(1) A Revenue Officer receiving a deposit purporting to be made on any other account shall give notice of the receipt thereof to every person who he has reason to believe claims or is entitled to the deposit, and may pay the amount thereof to any person appearing to him to be entitled to the same, or may, if he thinks fit, retain the deposit pending the decision of a Civil Court as to the person so entitled.
(2) No suit or other proceeding shall be instituted against the State or against any officer of the State, in respect of anything done by a Revenue Officer under this section but nothing in this sub-section shall prevent any person entitled to receive the amount of any such deposit from a person to whom it has been paid by a Revenue Officer.
Orders issued by any Civil or Criminal Court for the attachment, sale or delivery of any land, or interest in land, or for the attachment or sale of the produce of any land, shall be addressed to the Collector or such Revenue Officer as the Collector may appoint in this behalf, and be executed by the Collector or that officer in accordance with the provisions of the law applicable to the Court issuing the orders and with any rules consistent, therewith made by the Financial Commissioner with the concurrence of the 1 [High Court] and the previous sanction of the State Government.
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1. Substituted for the words "Judicial Commissioner" vide H.P. Act No. 21 of 1976.
(1) Notwithstanding anything in any other enactment for the time being in force, an order issued by any Court for the attachment of assigned land-revenue shall require the person by whom the revenue is payable to pay it to the Collector, and the Collector to hold it subject to the further orders of the Court.
(2) A payment to the Collector under sub-section (1) shall be an effectual discharge to the person making it.
(1) The attachment of the produce of any land in pursuance of an order of any Court or other authority shall not prevent the person to whom the produce belongs from reaping, gathering or storing it or doing any other act necessary for its preservation.
(2) The attaching officer shall do or cause to be done all acts necessary for the preservation of the produce if the person to whom it belongs fails to do so.
(3) When sale of -produce follows on its attachment, the purchaser shall be entitled, by himself or by any person appointed by him in this behalf to enter on the place where the produce is and do all that is necessary for the purpose of preserving and removing it.
1 [XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
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1. Section 156 deleted vide H.P. Act No. 15 of 2000.
At any of the following times, namely-
(b) when the local area in which an estate is situate is being generally reassessed and before the assessment has been confirmed;
(c) at any other time on an order made with respect to any estate by the State Government;
a Revenue Officer shall prepare a list of village-cesses, if any, levied in the estate which have been generally or specially approved by the State Government or the title to which has, before the passing of this Act, been judicially established.
(2) The State Government may impose on the collection of any village-cess comprised in the list such conditions as to police or other establishment connected with the village, market or fair in or on account of which the cess is levied, as it thinks fit.
1 [XXXXXXXXXXXXXXXXXXXXXXXX
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1. Sections 158 and 159 deleted vide H.P. Act No. 15 of 2000.
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(1) When land of which the land revenue has been assigned in whole or in part is re-assessed the assignee shall be liable to pay such a share of the cost of making the reassessment as the Financial Commissioner may determine to be just.
(2) That share may be recovered by the Collector by deduction of the amount thereof from the land-revenue due to the assignee.
(1) Notwithstanding anything contained in any law or agreement, the State Government may in accordance with rules, cancel any remission or assignment of land revenue, sanctioned before the enforcement of this Act.
(2) The State Government may, for the purpose of sub-section (1), make rules after previous publication in the Official Gazette.
If a person required by a summons, notice, order or proclamation proceedings from a Revenue Officer to attend at a certain time and place within the limits of the estate in which he ordinarily resides, or in which he holds or cultivates land, fail to comply with the requisition, he shall be liable at the discretion of the Revenue Officer to a fine which may extend to fifty rupees.
2[(1) Where Government land or land which has been reserved for the site of the village or for common purposes or uses of the estate right holders or of the co-sharers therein, has been encroached upon by any person or co-sharers for any purpose including the construction of a building or other structures or by planting trees therein, then-
(a) the Revenue Officer may of his own motion or on the report of the patwari of the circle duly verified by the Kanungo of the Circle or on the application of any estate right holder or co-sharers, after giving reasonable opportunity of being heard, shall eject him from such land by order 3 [within six months from the date of taking of cognizance or from the date of receipt of such report or from the date of filing of such application, as the case may be, however, the period may further be extended upto three months for the reasons to be recorded in writing], in the manner prescribed;
1Notwithstanding anything contained in section 163 of this Act, or any other law for the time being in force, the State Government may make rules regarding the regularisation of the encroachment on Government land.]
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1. Section 163-A inserted vide H.P. Act No. 15 of 2000.
(1) Any record or paper which a village officer is required by law, or by any rule under this Act, to prepare or keep shall be deemed to be the property of the State Government.
(2) A village officer shall, with respect to any such record or paper in his custody, be deemed for the purpose of the Indian Evidence Act, 1872, to be a public officer having the custody of a public document which any person has a right to inspect.
(1) A Revenue Officer may give and apportion the costs of any proceeding under this Act in any manner he thinks fit.
(2) But, if he orders that the cost of any such proceeding shall not follow the event, he shall record his reasons for the order.
In the computation of the period for an appeal from, or application for the review of, an order under this Act the limitation therefor shall be governed by 1 [The Limitation Act, 1963].
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1. Substituted for the words "the Indian Limitation Act, 1908" vide H.P. Act No. 21 of 1976.
(1) A Revenue Officer, or a person employed in a revenue office shall not-
(b) in contravention of any rules made by the State government in this behalf, engage in trade in that district.
(2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a member of a company incorporated under the 1 [Indian Companies Act, 1956] or other law.
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1. Substituted for "Indian Companies Act, 1913", H.P. Act No. 21 of 1976.
(1) The Financial Commissioner may, in addition to the other rules which may be made by him under this Act, make rules consistent with this Act and any other enactment for the time being in force-
(b) fixing the dates on which profits are to be divisible by Nambardar or other persons by whom they are realised on behalf of co-sharers;
(c) prescribing the fees to be charged for the service and execution of processes issued by Revenue Officers and Revenue courts, the mode in which those fees are to be collected, the number of persons to be employed in the service and execution of those processes, and the remuneration and duties of those persons;
The power to make any rules under this Act is subject to the condition of the rules being made after previous publication.
All powers conferred by this Act on the Financial Commissioner may be exercised from time to time as occasion requires.
Except as otherwise provided by this Act-
(1) A Civil Court shall not have jurisdiction in any matter which the State Government or a Revenue Officer is empowered by this Act, to dispose of or take cognizance of the manner in which the State Government or any Revenue Officer exercises any powers vested in it or him by or under this Act; and in particular-
(2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely-
(ii) any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue Officer as such;
(iii) any claim to the office of kanungo, or village officer, or in respect of any injury caused by exclusion from suc
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