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THlIIIMAOtAL PRADESH TRANSFER OF LAND (REGULATION) ACT, 1968 AGREEMENT OF SECTIONS SectIons 1.

Short title, ex1ent and commencement.

2.

Definitions.

3.

Regulation of transfer of Iond: 4.

Application 5.

Ejectment.

for permission for tronsfer of land.

6.

Appeal.

7.

Finality of orders.

8.

Right, title or interest keldby penons belonging to Scheduled Tribes in land not to be attached.

9.

Penalty.

10.

Power to make rules.

.

TMI ~ PtAOESH TlAHSFER OF LAND (RIGULATION) ACT, 1968 (Act No.
15 of 1969)1 (ReCeived the assent offhePresideRtoftndio on the 15th May, 1969, and was published in R.HP., doted the 28th June, 1969 at pages 526-528J Amended, repealed or otherwise c;»ffectedby,- (i) A.O.

1973, published ift R.H.P.

£xtro, doted the 20th January, 1973 at pages 91-112, An Act fond in the IStote of Himacha.l Pradesh] to regulote the tronIfet of in the interest of persons belonging to the Sdreduled Tribes and lot motten COl'tl'lfJded therewith.
Be it enacted by the LegiIIotive Assembly of tiimpchal follows:- Pradesh in the Nineteenth Year of the RepubliC of Indio 05 1.

Short title,l=txtent ard(~.-(.A) this Act maybe called,the Himachal Pradesh Transfer of land (Regulation) Act, 1968.

(2) It extends to such OfeOi ~ ~ (3) It sholl come inta fotceat once.

.

..... (jto.te of Himachal Prqdesl1]as from time to time.

be notified in the Officiol Galette 2.

Definitions.
-In (a) (b) "CommissioAlW" ••••• "Co-operative Punjab Co-operofive Pradesh ;J (c) IttCo-aperotiveSodety" thtsAct, UftIess the cantext otherwise requires,- under the Commissioner appointed LOftd Mortgage Bank" means a Co-operative l.oftd Motfgoge Bonks Act, 1957 (26 of 1957) as in force in the 2~tate the land Revenue Act in force in Himachal Pradesh; land Mo~tgage Bonk registered' as such under the of Hlmochot RI80M a co-operative Society registered as such under the Himachal Pradesh Co-operative IYM!lCIMOpoItion ift refc1tiOn to ony district, means the Deputy Commissioner of tnot district; •• means the financial Commissioner of Himachal Pradesh; of Societies Act, 1968 ~ "Deputy CQtMll~ "Financial ~ "land" to anything ottoehed to such portion but does not permanentfy ••••••• ClOPS and glOSS; timber,trees ••••••• "Prescribed" _prescribed by rules mode under this Act; "Scheduled Tribet" shall howe me some meaning as assigned to it in clouse (25) of Article 366 of the Constitution; ';'Stote ~ of Jiimachal Pradesh the earth's surface, whether or not under water, and includes all things attached to, or include minerals, natural gas, petroleum, _(;oVemment (d) (e) (f) (g) (h) (i) • 1.
For SlOtement of ObjectsOtld 1t8oIons.

See If.H.P fittro, doled lhe .JUthNovember.

2.

Subs.

for "Union Territoryol)tillladlaIProde5h",-videA..O.

3. ,The Act extended 10 LohoulGlldSpiti OtIdtCiMout Oislricl$ond Pongi and BhormourSub-Tehsil ofChcmbo DistriClby Not.

No.

22·3.

'fl9-Wel S'~('t J969.

P i J66 1973 rioted the 11th September.

1969, ,.0.

Of page 119.

4.

The definiliOfl of "Co-opIftIli_ Society" subs by ibid 1.

The definition of "Slole ~ •• "tft subs.
by itId sale, mortgage lease, gift ar otherwise to any-person 'not belonging to such tribe except with the previous permission in writing of the Deputy Commissioner: I / Provided that nothing in this sub-section shall apply to any transfer- (0) by way of lease of a building on rent; , (b) by way of mortgage, for securing loan, to any Co-operative Land Mortgage Bank or to any Co-operative Society, all or a majority of the members of which are persons belonging to any Scheduled Tribe; (c) by acquisition by the State Government under the Land Acquisition Act, 1894.
(1 of 1894).

(2) Every transfer of interest in land made in contravention of the provisions of sub-section (1) shall be void.

4.

Application for permission for transfer of land.

-( transfer of his interest of any land to a person not belonging to such tribe, may make an application for the grant 0) permission for such transfer. '
1) Any person belonging to any Scheduled Tribe who desires to make 0 tathe Deputy Commissioner (2) Every application and shall be accompanied under sub-section (1) shall be made in the prescribed form and shall contain the prescribed particuiars by such fees as may be prescribed.
I (3) On receipt of any such application for the grant of permission, Deputy Commissioner may, after making such inquiry as he thinks fit, order, either grant or refuse permission to transfer the land: Provided that where permission is refused, (4) Before granting or refusing permission under this section, the Deputy Commissioner shall have regard to the following the Deputy Commissioner shall record in writing the reasons for such refusal.
~~oo~- ' (a) (b) (c) the financial position of .the applicant; the age and physico I condition of the applicant; the purpose for which the transfer IS proposed to be made; and , (d) such other relevant matters as the Deputy Commissioner may think fit in the circumstances of the case.

( 1 ) If, as a result of transfer of any land in contravention of the provisions of section 3, any person, other than a 5.

Ejectment.
- the Deputy Commissioner or any other person belonging officer authorised in writing by the StateGovern~ent in,this behalf, may, without prejudice to the provisions of section 9 serve a notice upon such person requiring him to vacate the land within ninety days from the date of service of the notice and to remove any building, fence or any other structure which may have been raised on such land: is found to be in possession of that to any Scheduled Tribe, land, Provided that if there are any crops actually growing on the landat the time of such requisition, such person shall be entitl8d to retain po-ssession of the land until such crops are harvested.
(2) Every person to whor.1 a requisition is made under sub-section (1) shall be bound to comply with such requisition.

6.

Appeal.
- ( 1) Any person aggrieved by an order made under section 4 or section 5 may, within thinty days from the date of communication that Provided· Provided ~urther that of the order, prefer an appeal to the Commissioner: if there be no Commissioner such appeal shall lie to the Financial Commissioner: the expiry of the said period of thirty days if he is satisfied that the Commissioner, or as the case may be, the Financial Commissioner, may entertain the appeal after the appellant was prevented by sufficient cause from filing the appeal in time., (2) On receipt of an appeal under sub-section (1), the Commissioner or the Financial Commissioner, asthe case may be, shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible.
7.

Finality or orders.

- The order made in appeal by the Commissioner or the Financial Commissioner, as the case may be, the order made by the Deputy Commissioner under section 4 or section 5, shall under section 6 and, subject only to such order, be final.

If!.

(1) Right, title or interest held by persons belonging to Scheduled Tribes in land not to be attached.
title or i~'1terestheld by a person belonging to a Scheduled Tribe in any land shall be liable to be attached or sold in execution of any - No right, decree or order such decree or order 2[?)
Notwithstanding force, any court, vested with the appellate or revisional in favour of any person not belonging to a Scheduled Tribe of any court except when the amount due under Land Mortgage Bank or Co-operative Society] is due to the State Government or to any Co-operative anything to the contrary contained in the Code of Civil Procedure or any other law for the time being in jurisdiction, may, either on its own motion or on an application moved to it by ony person belonging to a Scheduled Tribe, set aside any sale of his property in execution of a decree in favour af a person not belonging to a Scheduled Tribe] L Added by section 27 of Act No, 16 of 1986 (RHP, Exlraordinary 2.
Added by seclion 3 of Act No, 16 of 1986, 2-7-1986, page 1163 Explanation.
- For the removal bf doubts, the court shall not refuse to take cognizance of an application, or refuse to exercise the power conferred upon it, under this sub-section, simply for the reason that the applicant or the person to whom the property in question belonged fai~d to raise the objection to that extent before the court which either passed the decree or passed any order it is hereby declared that in execution proceedings thereof.

j@-A.
j@-A.

Amendment of the Limitation Act, 1963.,in its application in its application to the proceedings under section 8, in theScheduJe, after to proceedings under section 8.

-In the Limitation Act, 1963 the words 'Twelve years' occurring in the second column against article 65, member of a Scheduled Tribe specified in relation totheState .1950, shall be inserted:) the words, brackets and figure 'but thirty years in case of to a immovable of Hima(hal Pradesh in the Constitution (Scheduled Tribes) Order, .
belonging property • 9.

Penalty.-If any person contravenes or attempts to contravene or abets the contravention the provisions of section 3 or section 5, he shdllbe punishable with fine which may extend to two hundred rupees and i~ the case of a continuing contravention, with an additional fine which may extend tofihy rupees for every day during which such cQntravention continues after conviction for the first such contravention.

of any of 260.

Power to make rules.-{l) Act.)


The State Government, may make rules for the purpose of carrying out the provisions of this (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the form of application for the grant of permission under section 4, the particulars it may contain, the fees which shoulq accompany it and the manner of depositing such fees; and (b) any other matter which has to be, or may be, prescribed under I ' this Act.
NOTIFICATIONS AND RULES Under The Himachal Pradesh Transferaf Land (Regulatian) Act, 1968 Areas to which the Act extends Natification 3 Shimla-2, the 11th September, 1969 No.

22-3/69-WeI.Sectt.,-ln exercise of the powers conferred under sub-section (2) of section 1 of the Himachal Pradesh Transfer af Land (Regulation) Act, 1968 the Lieutenant Governor, Himachal Pradesh is pleased to extend the Himachal Pradesh Transfer of Land (Regulation) Act, 1968 to the followin~;Lareas:-.

Serial No.
Serial No.

Areal Areas to which the Act ibid is extended ----_._---------------------------------:----------- 2 3 District Lahaul and Spiti District Kinnaur District Chamba Whole Whole Pangi Sub-Tehsil, Bharmour Sub-Tehsil THE HIMACHAL PRADESH TRANSFEROF LAND (REGULATION) RULES, 1969 Arrangement of Rules Rules 1.

Short title and commencement.

2.

Definitions.

form and fees.

3.

Application 4.

Mode of enquiry.

5.

Orders of the Deputy Commissioner.

1.

Added by section(2} -~lhe ~3.

R.H.'P.


dated the 27th September.

1969, P. 9. l<vIes tromed ,",the Not.

No.

22·1-1969 we!.

See" Doted the 61h Decembm 19f)0 "'pro.

01 P 11.1 of Act No.

16 of 1986 (RHP) Extra-ordy.

2.7.1986 P-1163