Amendment in Bill tabled to relax construction permission under sec 118

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Shimla, Aug 12

State Government today tabled legislation in the assembly to allow Non-agriculturist in the state to complete construction/transfer under section 118 of HP Land Reform and Tenancy Act for up to five years.

Presenting the bill in the house, Revenue Minister Mohinder Singh  Thakur said that section 118  of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 puts restrictions on the transfer of land ( including transfer by a decree of a civil court or for recovery rears of land revenue ) by way of sale, gift, will, exchange, lease, mortgage with session, creation of a tenancy or in any other manner in favour of a person who is not agriculturist.

He said that Sub-section ( 2 ) of the act said section provides exemption on certain transfers, including the transfer of land with the prior permission of the State Government. Currently, the proviso clause below (h) of sub-section (2) of section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 makes it mandatory for a non-agriculturist to purchase land under clause (d) or in whose case permission to purchase land is granted under clause ( h ) to put the land to such use for which it has been permitted to be transferred within a period of two years or a further such period not exceeding one year as to be allowed by the State.

It has been experienced that the period of two years is not sufficient, particularly in cases where land is purchased for Industrial / Hydel / Tourism or Housing projects etc. and therefore, is proposed to amend the provisions of the aforesaid proviso suitably. This has necessitated amendments in the Act. This Bill seeks to achieve the aforesaid objectives.

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