Gair mumkin

AGRICULTURIST has been defined as a person who cultivates land personally in an estate situated in Himachal Pradesh. In case of joint family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family.
For the purpose of this Act, the expression “LAND” shall include:-
(i) LAND, the classification of which has changed to “GAIR MUMKIN”, “GAIR MUMKIN MAKAN” or any other GAIR MUMKIN LAND by whatever name called, during the past five years countable from the date of entry in the revenue records to this effect;
(ii) LAND recorded as “GAIR MUMKIN”, “GAIR MUMKIN MAKAN” or any other “GAIR MUMKIN LAND”, by whatever name called in the revenue records, except constructed area which is not subservient to AGRICULTURE; AND
(iii) LAND which is a site of a building in a town or a village and is occupied or let out not for agricultural purpose or purposes subservient to agriculture.
An AGRICULTURAL LABOURER means a person whose principal means of livelihood is manual labour on land.
As per SECTION 118 (I) of the ACT ibid NOTWITHSTANDING ANYTHING CONTRARY CONTAINED IN ANY LAW, CONTRACT, AGREEMENT, CUSTOM OR USAGE FOR THE TIME BEING IN FORCE, BUT SAVE AS OTHERWISE PROVIDED HEREIN, 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, EXCHANGE, LEASE, MORTGAGE WITH POSSESSION OR CREATION OF A TENANCY SHALL BE VALID IN FAVOUR OF A PERSON WHO IS NOT AN AGRTICULTURIST.
As per SECTION 118(2) of the said ACT nothing in SUB SECTION (I) shall be deemed to prohibit the transfer of land by any person in favour of :-
1. A LANDLESS LABOURER;
or
2. A LANDLESS PERSON belonging to a SCHEDULED CASTE ;
or
3. A SCHEDULED TRIBE;
or
4. A VILLAGE ARTISAN;
or
5. A LANDLESS PERSON CARRYING ON an ALLIED PURSUIT;
or
6. The STATE GOVERNMENT or by a GOVERNMENT COMPANY registered under COMPANIES ACT, 1956;
or
7. A CO-OPERATIVE SOCIETY or a BANK;
or
8. A PERSON who has become NON AGRICULTURIST on account of the ACQUISITION OF HIS LAND FOR ANY PUBLIC PURPOSE under the LAND ACQUISITION ACT, 1884; or (1 of 1894),
9. A PERSON who has become NON AGRICULTURIST on account of VESTMENT OF HIS LAND IN THE TENANTS under SECTION 104 AND RELEVANT RULES ETC. relating thereto of H.P. TENANCY AND LAND REFORMS ACT, 1972.
10. A NON AGRICULTURIST who purchases or intends to purchase land for the construction of a dwelling house or shop , or purchase a built up house or shop from the Himachal Pradesh State Housing Board established under the Himachal Pradesh Housing Board Act, 1972 (10 of 1972); or from any other STATUTORY CORPORATION set up under State or Central enactment; or
11. A NON AGRICULTURIST with the permission of State Government for the purpose that may be prescribed provided that a person who is a NON AGRICULTURIST but purchases land with the permission of State Government under this Section, shall, irrespective of such permission, continue to be a NON AGRICULTURIST for the purpose of this ACT:
12. There is an exemption for transfer of land for the construction of DWELLING HOUSE (UPTO 500 SQUARE METRES) and for SHOP/ COMMERCIAL ESTABLISHMENT (UPTO 300 SQUARE METRES) in favour of A PERSON, WHO ON THE COMMENCEMENT OF HIMACHAL PRADESH TENANCY AND LAND REFORMS ACT, 1972, WORKED AND CONTINUES TO WORK FOR THE GAIN IN AN ESTATE IN H.P. It is further clarified that A NON AGRICULTURIST WHO WAS MINOR ON THE COMMENCEMENT OF THE ACT OR A CHILD BORN ON OR AFTER THE COMMENCEMENT OF THE ACT IBID, SHOULD BE TAKEN AS PERMANENT RESIDENT OF H.P. BY VIRTUE OF HIS PARENTS AS SUCH SUBJECT TO THE CONDTION THAT SUCH A NON AGRICULTURIST PROVES HIMSELF AS SUCH.

Provided further that a NON AGRICULTURIST IN WHOSE CASE PERMISSION TO PURCHASE LAND IS GRANTED BY THE STATE GOVERNMENT, SHOULD PUT THE LAND TO SUCH USE AS FOR WHICH THE PERMISSION HAS BEEN GRANTED WITHIN A PERIOD OF TWO YEARS OR A FURTHER SUCH PERIOD, NOT EXCEEDING ON E YEAR, AS MAY BE GRANTED BY THE STATE GOVERNMENT TO BE COUNTED FROM THE DAY ON WHICH THE DEED COVERING THE SALE OF LAND IS REGISTERED AND IF HE FAILS TO DO SO, THE LAND SO PURCHASED BY HIM SHALL VEST IN THE STATE GOVERNMENT FREE OF ALL ENCUMBRANCES.

FURTHER PROVIDED THAT WHERE THE LEASE IS MADE IN RELATION TO A PART OR WHOLE OF A BUILDING, TRANSFER OF SUCH BUILDING ON LEASE BASIS IS EXEMPTED FROM SECTION 118 OF TENANCY AND LAND REFORMS ACT, 1972.

In case a NON AGRICULTURIST INTENDS TO ACQUIRE LAND IN HIS NAME BY WAY OF SALE, GIFT, EXCHANGE, LEASE OR MORTGAGE WITH POSSESSION, HE/ SHE SHALL APPLY IN FORM LR-XIV TO THE COLLECTOR IN WHOSE JURISDICTION THE LAND IS SITUATED, DULY SUPPORTED WITH THE DOCUMENTS ETC.

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