Amendment status not verified — confirm the current text below against the official source.
Definitions ......;.'nthis Act, unless there is anything repugnant in the subject or context- (1) "agriculture" includes horticulture, dairy farming, poultry farming and the planting and upkeep of an orchard; (2) "buil di I'1g"means a house, hut, shed or other rooted structure for whatever purpose or of whatsoever material constructed, and every part thereof, and 1ncludes a wall or masonry plat7form or masonry ditch or drain but does not 1nclude a tent or a fence for agricultural purposes; (3) "Collector" includes any authority appointed2by the Government, by notification in the Offic;!al Gazette, to perform all or any of the functions of the Collector under this Act; (4) "place of worship" includes a temple,church, mosque,'imambara, tanquia, idgah, somadhi, moth, sati; (5) "prescribed" m"eons presc'ribed by rules "made under this Act; . (6) "road" means a rood maintained by the Government orany local authority or a route demarcated by the Government or a 10cClI authority with Qview to constructing olong it a road; (7) "controlled area" means on area declaredqs such under section .3; (8) "Financial Commissioner"'means Financial Commissioner of Himachal Pradesh and includes any person for the time I For Statement 01 Objects and Remor\s see R HP E;;;o,dotedthe 23;'dJuly, 1968 p. 691 1, For such appointments, see Not No, '9·9/69 PWD: dated the 16th Jan 1970, append!!d. I bein'g appointed by the Government by notification, to exercise and perform all or any of the powers and functions of the Financial Commissioner under this Act and the rules made thereunder; (9) "Government" or "State Government" means the Government of Himachal Pradesh; (10) "scheduled road" means a rood declared as such by the Government under section 3; and ( 1 I) "Official Gazette" means the Roipatra, Himachal Pradesh. l~. Declaration of scheduled rood and controlled orea.-( 1) The Government may, by notification, in the Official Gazette declare any length or the whole of any rood to be a "schedule road" and the area upto a horizontal distance of five metres as prescribed from the edge of the rood-land on either of such scheduled rood to be a "controlled area"] (2) Not less than three months before making a declaration urder sub-section (1), the Government shall cause to be published in the Official Gazette and in at least two newspapers printed in a language other than English, a notification stating that it proposes to make such a declaration and specifying broadly the boundaries of the land .inrespeet of which the declaration is proposed to be mode and copies of every such notification or ohhe~~$fOnC-6thereof.snall be publishe~ by the Collector in such manner as he thinks fit at his office and at suc-h-other places as he considers necessary within the soid boundaries. (3) Any person interested in any land included within the boundaries mentioned in sub-section (), may, at ony time before the expiration of 60 days from the lost dote on which a copy of such notification is published by the Collector, object to the making of the declaration or to the inclusion of his land or any part of it within the said boundaries. (4) Every objection under sub-section (3) sholl be mode to the Collector in writing, and Collector sholl give to every person sa objecting an opportunity of being heard either in person or through a legal practitioner, and sholl; after all such objections have been heard and after such further enquiry, if any, as he thinks necessary, forward to the Government the record"of the proceedings held by him together with a report setting forth his recommendations on the objections. (5) If, before the e.xpiration of the time allowed by sub-section (3) for the filing of objections, no objection, has been mode, the Government may proceed at once to the making of a declaration under sub-section (1). If any such objection have been made, the Government shall consider the record and the report referred to in sub-section (4) and may either.- (a) abandon the proposal to make a declaration under sub-section (1), or (b) make such a declaration in respect of either the whole or pOrt of the land included within the boundaries specified in the notification under sub-section (2). (6) For the purposes of sub-Section (3), a person sholl be deemed to be interested in land if he is a "person interested" as defined in clause (b) of section 3 of the Land Acquisition Act, 1894, (1 of 1894), for the purposes of thot Act or where the land is occupied by or for the purposes of a place of worship, tomb, cenotaph, graveyard, grove or marghat if he is a member of the faith to which such building pertains. (7) A declaration made under sub-section ( J ) shall, unless and until it iswithdrawn, be conclusive evidence of the fact that the road to which it relates is a scheduled rood and--the area to which it relates is a controlled area.