Amendment status not verified — confirm the current text below against the official source.
Power to make rules.-The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Chapter. CHAPTER XI CONTROL ON TRANSFER OF LAND 1[118. Transfer of land to non-agriculturists barred.2[(1) Notwithstanding anything to the contrary contained in any law, contract, agreement, custom or usage for the time being in force, but save as otherwise provided in this chapter, no transfer of land(including sales in execution of a decree of a civil court or for recovery of arrears of land revenue) by way of sale, gift, will, exchange, lease, mortgage with possession, creation of a tenancy or in any other manner shall be valid in favour of a person who is not an agriculturist.] 3[Explanation. For the purpose of this sub-section, the expression “transfer of land” shall not include- (i) transfer by way of inheritance ; (ii) transfer by way of gift made or will executed, in favour of any or all legal heirs of the donor or the testator, as the case may be; (iii) transfer by way of lease of land or building in a municipal area; 1 . Section 118 subs. vide Act No. 6 of 1988. 2 Sub-sections (1) and (2) substituted vide Act No. 6 of 1995. 3 Explanation subs. vide Act No. 9 of 1997 49 H.P. TENANCY AND LAND REFORMS ACT, 1972 but shall not include- (a) a benami transaction in which land is transferred to an agriculturist for a consideration paid or provided by a non- agriculturist ; and (b) an authorisation made by the owner by way of special or general power of attorney or by an agreement with the intention to put a non-agriculturist in possession of the land and allow him to deal with the land in the like manner as if he is a real owner of that land.] (2) Nothing in sub-section (1) shall be deemed to prohibit the transfer of land by any person in favour of— (a) a landless laborer ;or (b) a landless person belonging to a scheduled caste or scheduled tribe; or (c) a village artisan ; or (d) a landless person carrying on an allied pursuit ;or 1(dd) a person who, on commencement of this Act, worked and continues to work for gain in a estate situated in Himachal Pradesh; for the construction of a dwelling house, shop or commercial establishment in a municipal area, subject to the condition that the land to be transferred does not exceed— (i) in case of a dwelling house—500 square Meters ; and (ii) in the case of a shop or commercial establishment—300square meters: Provided that such person does not own any vacant land or a dwelling house in a municipal area in the state.] (e) the State Government or Central Government, or a Government Company as defined in section 617 of the Companies Act, 1956,2[ or a Company incorporated under the Companies Act, 1956, for which land is acquired through the State Government under the Land Acquisition Act, 1894 ] or a statutory body or a corporation or a board established by or under a statute and owned and controlled by the State of Central Government ; or 3[(f) a person who has become non- agriculturist on account of— (i) acquisition of his land for any public purpose under the Land Acquisition Act, 1894 ; or (ii) vestment of his land in the tenants under this Act; or] 1 Clause (dd) ins. vide Act No. 9 of 1997. 2 Ins. vide Act No. 9 of 1997. 3 Clause (f) Subs. vide Act No. 9 of 1997. 50 H.P. TENANCY AND LAND REFORMS ACT, 1972 (g) a non-agriculturist who purchases or intends to purchase land for the construction of a house or shop, or purchases a built up house or shop, from the 1[Himachal Pradesh Housing and Urban Development Authority, established under the Himachal Pradesh Housing and Urban Development Authority Act 2004], or from the Development Authority constituted under the Himachal Pradesh Town and Country Planning Act, 1977 or from any other statutory Corporation set up for framing and execution of house accommodation schemes in the State under any State or Central enactment ;or (h) a non-agriculturist with the permission of the State Government for the purposes that may be prescribed: Provided that a person who is non-agriculturist but purchase land either under 2[clause (dd) or clause (g)] or with the permission granted under clause (h) of this sub-section shall, irrespective of such purchase of land, continue to be a non-agriculturist for the purpose of the Act: Provided further that a non-agriculturist 3[who purchases land under clause (dd) or] in whose case permission to purchase land is granted under clause (h) of this sub-section, shall put the land to such use for which the permission has been granted within a period of two years or a further such period not exceeding one year, as may be allowed by the State Government for the reasons to be recorded in writing to be counted from the day on which the sale deed of land is registered and if he fails to do so or diverts, without the permission of the State Government, the said user for any other purpose or transfer by way sale, gift or otherwise, the land so purchased by him shall, in the prescribed manner, vest in the State Government free from all encumbrances .] (3) No Registrar or the Sub-Registrar appointed under the Indian Registration Act, 1908 shall register any document pertaining to a transfer of land, which is in contravention to sub-section (1): 4[XXXXXXXXXXX]. Provided that the Registrar or the Sub-Registrar may register any transfer- (i) where the lease is made in relation to a part or whole of a building; or (ii) where the mortgage is made for procuring the loans for construction or improvements over the land either from the