Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section 118 of the Himachal Pradesh Tenancy & Land Reforms Act, 1974

 

 

At the very outset it is imperative to understand as to who is a non-agriculturist of Himachal Pradesh. Any person who does not own agricultural land in Himachal Pradesh is a non-agriculturist. The term non-agriculturist is often confused with non-Himachali. However, both these terms are separate and completely independent of each other in context and meaning e.g. A bonafide Himachali, living in Himachal for generation to generation, who owns no agricultural land in Himachal Pradesh is a non-agriculturist under the Himachal Pradesh Tenancy & Land Reforms Act, 1974.

 

A non-agriculturist who intends to purchase or acquire land in Himachal Pradesh should take following systematic steps:

 

STEP NO. 1

 

He should, first of all, clearly determine the purpose and quantum of land, he intends to purchase or acquire under Rule 38 A (3) of Himachal Pradesh Tenancy & Land Reforms Rules 1975. The permissible limits are given below:

 

S.No.

Purpose

Quantum of land

1

 

For agricultural or horticultural purpose or for both purposes

An area not exceeding 4 acres.

 

2

For building a residential house

500 square meters

3

For construction of shop

300 square meters

4

 

 

For industrial unit

 

 

Such area as may be certified by the department of Industries of State Government.

5

 

For charitable religious or public utility service

Such area as certified by the Collector of the District.

6

 

 

For construction of a hotel, restaurant, cafeteria or any such other premises

Such area as may be certified by the department of Tourism of the State Government.

7

For construction of house and flats

An area not exceeding 1500 square meters

8

 

For setting up of hydel projects

 

Area as recommended and approved by the MPR & Power Department of the State.

   

STEP NO. II

 

He should search out a suitable owner of land, who agrees to transfer (by way of sale, gift, lease, mortgage etc.) land in consonance with the purpose and quantum determined by step I.

  

STEP NO. III

 

The non-agriculturist accompanied by the landowner should visit the “Patwari” of the village for obtaining the requisite copies of revenue record as detailed here under:

 

I)                    Latest copy of Jamabandi

II)                  Tatima Shajra (If a sub-division of khasra number is proposed to be transferred)

  

STEP NO. IV

 

The non-agriculturist and the landowner should execute an agreement on the prescribed value of the stamp paper, with regard to the proposed transfer of land. It is not compulsory to register this agreement under the Indian Registration Act.

 

The non-agriculturist should execute an affidavit duly attested by a Magistrate stating:

 

i.)                 That he has not earlier acquired any land for the same purpose either in his own name or in the name of his family, with the permission of the State Government under clause (h) of subsection (2) of section 118.

ii.)               That the land to be transferred is fit to be used for the purpose for which it is being transferred.

iii.)             That he will use the land, proposed to be transferred, for the same purpose for which it is sought to be transferred.

 

Apart from the above, the non-agriculturist should also procure an attested affidavit of the landowner stating therein that he, after the proposed transfer, will not become landless, and if so he shall not claim any benefit/land under any scheme prepared for the benefit of the landless persons in the State.

 

STEP NO. V

 

The fifth step calls for obtaining additional documents/certificates depending upon the purpose as given below:

 

A

B

C

 

If the purpose is Industrial/Tourism or Hydro electric 

 

 

 

 

If the purpose is

1. For agricultural or horticultural purpose or for both purposes.

2.       For building a residential house.

3.       For construction of shop

4.       For construction of house and flats.

 

For charitable, religious or public utility service.

 

 

 

1.       Essential Certificate from industries Department in case industrial unit is to be set up.

 

2.       Essentiality Certificate from Tourism Department in case tourism unit is to be set up.

 

 

3.       Essentiality Certificate from Department of MPP and Power of the Government of Himachal Pradesh, in case of setting up of hydro projects.

 

4.       In case it is for further expansion of the unit the utilization certificate of land already held is required to be given by the applicant.

 

 

5.       In case of sick/non functional unit which is proposed to be transferred to another entrepreneur either directly or through any Himachal Pradesh State Financial Institution/ Himachal Pradesh State Industrial Development Corporation, only the following documents shall be enclosed:

a) Latest copy of Jamabandi

b) Tatima Shajra (if subdivision of Khasra number is proposed to be transferred)

 

6. In case of location of the proposed unit being in Baddi, Barotiwala, Nalagarh Planning Area, no objection certificate from Baddi Barotiwala Nalagarh Development Authority shall be required.

1.       Certificate of permanent residence issued by the Tehsildar or the Magistrate of the area concerned.

 

 

 

2.       No objection certificate in the form of affidavit from co-shares of the land proposed to be transferred.

 

 

3.       No objection certificate:

 

i)   Where the land to be transferred is abutting the State or the National Highways from the Public Works Department.

 

ii) Where the land to be transferred is located in an area where the provisions of Himachal Pradesh Town and Country Planning Act 1977 are applicable from the Town and Country Planning authority concerned.

 

iii) Where the land to be transferred is located in a municipal area from the municipality concerned.

 

4.       In case of Officers/ employees of the Government and Public undertakings/ Autonomous bodies, a copy of permission of the employer.

 

 

 

  

 

 

 

 

 

 

 

1.       Certificate of permanent residence issued by the Tehsildar or the Magistrate of the are concerned.

 

 

2.       No objection certificate in the form of affidavit from co-sharers of land proposed to be transferred.

 

3.       No objection certificate

 

 

i) Where the land to be transferred is abutting the State or the National Highway from the Public Works Department.

 

ii)    Where the land to be transferred is located in an area where the provisions of Himachal Pradesh Town and Country Planning Act, 1977 are applicable from the Town and Country Planning Authority concerned.

 

iii) Where the land to be transferred is located in a municipality concerned

 

4.       Essentiality Certificate from the concerned Deputy Commissioner in case land is proposed to be transferred for the purpose of charity, religious activity or public utility.

 

 

 

 

 

 

 

 

 

  

STEP NO. VI

 

After all the documents and certificates under rule have been procured from the relevant person authority, the non-agriculturist should fill up the Application form LR XIV reproduced below:

  

Form LR XIV

 

APPLICATION FOR PERMISSION REQUIRED UNDER SUB-RULE (1) OF RULE 38-A OF THE HIMACHAL PRADESH TENANCY AND LAND REFORMS RULES-1975

 

            1.       Name of the Applicant.                  _____________________________

            Son/Daughter/Wife of                     _____________________________

            Resident of village                          _____________________________

            Tehsil                                           _____________________________

            District                                         _____________________________

 

            2.       Permanent address                        _____________________________

            Village/Town                                  _____________________________

            Tehsil                                            _____________________________

            District                                          _____________________________

            State                                            _____________________________

            3.       Present occupation and address     _____________________________

                                                                      _____________________________

            4.       Purpose for which the land is  

            Required                                       _____________________________

                                                                      _____________________________   

                 

            5.       Particulars of the Land applied for

 

(i)      District                                        _____________________________

(ii)     Tehsil                                         _____________________________

(iii)   Number of estate (Hadbast)          _____________________________

                  with name of Estate

(iv)    Khata/Khatoni/Khasra Numbers                      ___________________

                  along with total No. of Kitas with

                  area and classification of land                         ___________________

 

6.       Particulars of the land holder from whom land is intended to be transferred

                   Name                                  ______________________________

                         Son/Daughter/Wife of            ______________________________

                         Resident of village                 ______________________________

                         Tehsil                                  ______________________________

                         District                                ______________________________

 

7.       Whether the applicant applied for such permission if so, give the following

       particulars: -

 

(a)                       Date of application, if known               __________________________                   

(b)                       Whether permission granted or           __________________________

                                           Refused (the date of order of the

                                           State Government)

 

(c)          Particular of land permitted to be transferred previously

 

                                            i)  District                                           ______________________          

                                            ii) Tehsil                                             ______________________

                                            iii) Number of estate with                     ______________________

                                               Hadbast Number

                                            iv) Khasra numbers with                      ______________________

                                               area and classification

 

8.       Any other information which the applicant considers to be relevant

                                                          _______________________________________________

                                                          _______________________________________________

   

                     I solemnly affirm and declare that whatever has been stated above is true to the best of my knowledge and belief and that nothing has been concealed or suppressed.

 

 

 

                   Dated:                                                                                                  Signature of the Applicant

                                                                                                             Address

 

 

                  Remarks of the Collector                                             

 

  

                                                                                                                               Signature of the Collector

                                                                                                                               District

  

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            All the documents and certificates obtained by way of step III to V should be securely appended to the application which can be sent to the District Collector (Deputy Commissioner) through post or presented immediately and in case any shortcomings or defects are found in it, he is bound to inform the applicant the District Collector must send the application with his recommendation with in a period of ten days, from the date of its receipt by him, to the State Government for due consideration. The State Government is also bound to allow or reject the application with in ten days, from the date of receipt of the recommendation of the Collector. However, such an acceptance or rejection of the application by the State Government in case of Industrial/Tourism Unit Hydroelectric Projects shall be subject to the fulfillment of other statutory requirements if any. The State Government is also bound to inform the applicant about every order passed by it on the application. The application if aggrieved by the order/decision of the State Government can apply to the State Government for review of this decision within in a period of sixty days from the date of issuing of the order by the State Government. The application must get the conveyance deed (Sale, gift, mortgage, lease etc. etc.) registered with the Registered with the Registration Authority (Sub Registrar/Registrar) with in prescribed period of 180 days. In the event of failure to do so he can move to State Government for extension of this period. Once the conveyance deed has been registered the non-agriculturist must put the land to such use or purpose for which the permission has been granted within a period of two years or further period not exceeding one year as may be allowed by the State Government for reasons to be recorded in writing. This period is counted from the date of registration of the conveyance deed.

 

            A non-agriculturist who acquires land with the permission of the State Government does not become an agriculturist. He continues to be a non-agriculturist in future and if desires to purchase or acquire more land in Himachal Pradesh again, he must apply afresh in the manner described in details above.

 

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