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2/22/2014

Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section

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

For agricultural or horticultural purpose


or for both purposes

An area not exceeding 4 acres.

For building a residential house

500 square meters

For construction of shop

300 square meters

For industrial unit

Such area as may be certified by the department


of Industries of State Government.

For charitable religious or public utility


service

Such area as certified by the Collector of the


District.

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.

For construction of house and flats

An area not exceeding 1500 square meters

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:
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Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section

I)
II)

Latest copy of Jamabandi


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.)

ii.)
iii.)

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

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 M PP
and
Power
of
the

http://www.hpsolan.nic.in/118%20Guidelines.htm

1.

Certificate of permanent residence


issued by the Tehsildar or the
M agistrate of the area concerned.

1.

Certificate of permanent
residence
issued by
the
Tehsildar or the M agistrate of
the are concerned.

2.

No objection certificate in the form


of affidavit from co-shares of the land
proposed to be transferred.

2.

No objection certificate in the


form of affidavit from cosharers of land proposed to be
transferred.

3.

No objection certificate:

3.

No objection certificate

i) Where the land to be transferred


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Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section

Government of Himachal

is abutting the State or the National

Pradesh, in case of setting

Highways from the Public

up of hydro projects.

Department.

i)

Works

Where

transferred

5.

In case it is for further

ii) Where the land to be transferred

expansion of the unit the

is located in an area where the

utilization certificate of
land
already
held
is
required to be given by
the applicant.

provisions of Himachal Pradesh Town


and Country Planning Act 1977 are
applicable from the Town and
Country
Planning
authority
concerned.

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)

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.

is

land

to

abutting

be
the

State or the National Highway


from

4.

the

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.

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.

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
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Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section

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
Present occupation and address

_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________

3.
4.

5.

Purpose for which the land is


Required

_____________________________
_____________________________

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)
(b)

(c)

Date of application, if known


Whether permission granted or
Refused (the date of order of the
State Government)

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

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Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section

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
******************
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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