Land Reforms Legislations - Himachal Pradesh ceiling on land Holdings Act, 1972

Immediately, on merger of areas from the Punjab after November 1, 1966 the pursuance of land reforms necessitated the codification of a uniform tenancy law for old and merged areas both. In the meantime, at national level the Government of India appointed Central Land Reforms Committee of which the then Hon’ able Chief Minister of the Pradesh was also a member. The recommendations of the committee were further gone into by a nine-member panel of the all India Congress Committee. The aforesaid recommendations were subsequently reviewed in the conference of the Chief Minister, held in New Delhi on 23rd July, 1972. Thereafter the Government of India issued guidelines for imposing ceiling on land and exemption thereof.

Salient features of Act, 1972:

The Act envisages a ceiling on land holdings with a view to controlling concentration of land in a few hands, and to subsequently distribute surplus land released thus, among the landless. The ceiling is for a family of husband, wife and three minor children. The section 4 of the Act puts a ceiling on holdings of land beyond a certain limit as indicated below :-

1. Land under assured irrigation capable of growing two crops in a year-10 acres.

2. Land under assured irrigation capable of growing one crop in a year-15 acres.

3.Notwithstanding anything to the contrary contained in any law, custolIl, usage or agreement. No person shall be entitled to hold whether as a landowner or tenant or a mortgagee with·possession or partly in one capacity and partly in another, the land within the State of Himachal Pradesh exceeding the pennissible area on or enter the appointed day.

4.The Collector may, by order in writing, at any time after an area becomes surplus, direct the person in possession of such area to deliver possession thereof within ten days of the service of the order on him to such persons as may be specified in the order.

5. A separate higher ceiling has been envisaged in respect of certain areas of the pradesh as the above yardstick was not considered a judicious preposition in such areas. For instance, a ceiling of 70 acres has been fixed for whole of the districts of Kinnaur and Lahaul-Spiti; Pangi and Bharmaur areas of Chamba districts; and Chhota Bhangal and Bara Bhangal of district Kangra.

6. For instance, every additional minor member to the family can claim 1/5th of the permissible area provided that ceiling does not exceed twice the permissible area.

7. An audit is also entitled to a separate unit subject to the same condition that the permissible area does not exceed twice the limit fixed bid.

8. Utilisation of land for development of state -: Notwithstanding anything contained in section 15 of the Act. the State Government may utilise any area of the land vested in it under this Act by lease to any person or by transfer to any Department of the Government in the interests of the development of the State. if the State Government is satisfied that there are sufflcient reasons to do so.

9. Section 5 of the Act provides for certain exemptions e.g. , the land held by State Government or Central Government, Registered co-operative Farming societies, Land Mortgage Bank, Local Authorities, H.P. Agricultural University, Bhoodan Yojna Board, and the Tea Estates.

The surplus land so vested in the Government was to be distributed among landless agricultural laborers and to those persons whose holdings do not exceed one acre.