The Himachal Pradesh Land Preservation Act, 1978

THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 

ARRANGEMENT OF SECTIONS 

Sections: 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement. 

2. Definitions. 

CHAPTER II 

NOTIFICATION AND REGULATION OF AREAS 

3. Notification of areas. 

4. Power to regulate, restrict or prohibit, by general or special 

order, within notified areas, certain matters. 

5. Power in certain cases to regulate, restrict or prohibit, by 

special order, within notified areas, certain further matters. 

6. Power to require execution of works and taking of measures. 

7. Necessity for regulation, restriction or prohibition to be 

recited in the order under sections 4, 5 or 6 and publication of 

order. 

8. Proclamation of regulations, restrictions and prohibitions and 

admission of claims for compensation for rights which are 

restricted or prohibited. 

9. Power to fix time within which work to be executed, etc. 

CHAPTER III 

POWER TO ENTER UPON AND DELIMIT NOTIFIED 

AREAS AND BEDS  

10. Power to enter upon, survey and demarcate local areas 

notified under section 3. 

CHAPTER IV 

INQUIRY INTO CLAIMS AND AWARDS OF 

COMPENSATION 

11. Inquiry into claims and awards thereupon. 

12. Method of awarding compensation and effect of such award. 

CHAPTER V 

PROCEDURE, RECORDS AND APPEAL 

13. Record-of-rights in respect of notified areas. 

14. Mode of proclaiming notifications and of serving notices, 

orders and processes, issued under the Act. 



2   THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 

15. Appeal, review and revision. 

CHAPTER VI 

PUNISHMENT, BAR OF SUITS AND RULES 

16. Punishments for offences. 

17. Applications of provisions of the Indian Forest Act, 1927. 

18 Power to try offences summarily. 

19. Power to compound offences. 

20. Bar to suits. 

21. Power to make rules. 

22. Repeal and savings. 

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THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 

(ACT NO. 28 OF 1978)
1
 

(Received the assent of the President of India on the 4
th
 August, 1978 

and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 

the 26
th
 August, 1978, pp. 1119-1129.) 

An Act to provide for the better preservation and protection of certain 

portions of the territories of Himachal Pradesh. 

It hereby enacted by the Legislative Assembly of Himachal Pradesh 

in the Twenty-ninth Year of the Republic of India as follows:- 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.- (1) This Act may be 

called the Himachal Pradesh Land Preservation Act, 1978. 

(2) It shall extend to the whole of the State of Himachal Pradesh. 

(3) It shall come into force at once. 

2. Definitions.- In this Act, unless a different intention appears from 

subject or context,- 

(a) “land” means land within any area preserved and protected or 

otherwise dealt with in the manner provided in this Act and 

includes benefits to arise out of land and things attached to 

the earth or permanently fastened to anything attached to the 

earth; 

(b) “cho” means a stream or torrent flowing through or from the 

mountainous ranges within Himachal Pradesh; 

                                                 
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-

ordinary), dated 8
th

 April, 1978, p. 326.  



 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 3 

(c) “tree”, “timber”, “forest produce” and “cattle”, respectively, 

shall have the meanings severally assigned thereto in section 

2 of the Indian Forest Act, 1927 (16 of 1927); 

(d) “person interested” includes all persons claiming any interest 

in compensation to be made on account of any measures 

taken under this Act; 

(e) “Deputy Commissioner” includes any officer or officers at 

any time specially appointed by the State Government to 

perform the functions of the Deputy Commissioner under this 

Act; 

(f) “right-holder” includes- 

(i) persons not being tenants or mortgagees having rights 

to, or in land; and  

(ii) persons having rights of collection of forest produce or 

of grazing of pasture; and 

(g) “erosion” includes the removal or displacement of earth, soil, 

stones or other materials by the action of wind or water. 

CHAPTER II 

NOTIFICATION AND REGULATION OF AREAS 

3. Notification of areas.- Whenever it appears to the State Government 

that it is desirable to provide for the conservation of sub-soil water or the 

prevention of erosion in any area subject to erosion or likely to become 

subjected to erosion, the State Government may, by notification published in 

the Official Gazette, make a direction accordingly. 

4. Power to regulate, restrict or prohibit, by general or special 

order, within notified areas, certain matters.- In respect of areas notified 

under section 3 generally or the whole or any part of any such area, the State 

Government may, by general or special order, temporarily regulate, restrict or 

prohibit- 

(a) the clearing or breaking up or cultivating of land not 

ordinarily under cultivation prior to the publication of the 

notification under section 3; 

(b) the quarrying of stone or the burning of lime at places where 

such stone or lime had not ordinarily been so quarried or 

burnt prior to the publication of the notification under section 

3; 

(c) the cutting of trees or timber, or the collection or removal or 

subjection to any manufacturing process, otherwise than as 

described in clause(b) of this section, of any forest produce 

other than grass save for bona-fide domestic or agricultural 

purposes of a right holder in such area; 

(d) the setting on fire of trees, timber or forest produce; 



4   THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 

(e) the admission, herding, pasturing or retention of sheep, goats 

or camels; 

(f) the examination of forest produce passing out of any such 

area; and  

(g) the granting of permits to the inhabitants of towns and 

villages situated within the limits or in the vicinity of any 

such area to take any tree, timber or forest produce for their 

own use therefrom or to pasture sheep, goats or camels or to 

cultivate or erect buildings therein and the production and 

return of such permits by such persons. 

5. Power in certain cases to regulate, restrict or prohibit by 
special order, within notified areas, certain further matters.- In respect of 

any specified village or villages or part or parts thereof comprised within the 

limits of any area notified under section 3, the State Government may, by 

special order, temporarily regulate, restrict or prohibit- 

(a) the cultivation of any land ordinarily under cultivation prior to 

the publication of the notification under section 3; 

(b) the quarrying of any stone or the burning of any lime at places 

where such stone or lime had ordinarily been so quarried or 

burnt prior to the publication of the notification under section 3; 

(c) the cutting of trees or timber or the collection or removal or 

subjection to any manufacturing process, otherwise than as 

described in clause (b) of this section, of any forest produce for 

any purposes; and  

(d) the admission, herding, pasturing or retention of cattle generally 

other than sheep, goats and camels or of any class or description 

of such cattle. 

6. Power to require execution of works and taking of measures.- 

In respect of areas notified under section 3 generally or the whole or any part 

of any such area, the State Government may, by general or special order, 

direct- 

(a) the levelling, terracing, drainage and embanking of fields; 

(b) the construction of earth works in fields and ravines; 

(c) the provision of drains for stream water; 

(d) the protection of land against the action of wind or water; 

(e) the training of streams; and  

(f) the execution of such other works and the carrying out of 

such other measures, as may, in the opinion of the State 

Government be necessary for carrying out the purposes of this 

Act. 



 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 5 

7. Necessity for regulation, restriction or prohibition to be recited 
in the order under sections 4, 5 or 6 and publication of order.- Every order 

made under sections 4, 5 or 6 shall be published in the Official Gazette and 

shall set forth that the State Government is satisfied, after due inquiry, that 

regulations, restrictions, prohibitions or directions contained in the order are 

necessary for the purpose of giving effect to the provisions of this Act. 

8. Proclamation of regulations, restrictions and prohibitions and 

admission of claims for compensation for rights which are restricted or 
prohibited.- (1) When in respect of any area a notification has been published 

under section 3, and - 

(a) upon such publication any general order made under section 4 

or section 6 becomes applicable to such area, or 

(b) any special order under section 4, 5 or 6 is made in respect of 

such area, 

the Deputy Commissioner shall cause public notice of the provisions of such 

general or special order to be given, and if the provisions of any such order 

restrict or prohibit the exercise of any existing rights, shall also publish in the 

language of the country and in every town and village the boundaries of which 

include any portion of the area within or over which the exercise of any such 

rights is so restricted or prohibited, a proclamation stating the regulations, 

restrictions and prohibitions, which have been imposed by any such order, 

within the limits of such area or in any part or parts thereof, fixing a period of 

not less than three months form the date of such proclamation and requiring 

every person claiming any compensation in respect of any right so restricted 

or prohibited, within such period either to present to such officer a written 

notice specifying, or to appear before him and state the nature and extent of 

such right and the amount and particulars of the compensation, if any, claimed 

in respect thereof. 

(2) Any claim not preferred within the time fixed in the proclamation 

made under sub-section (1), shall be rejected: 

Provided that with the previous sanction of the Commissioner, the 

Deputy Commissioner may admit any such claim as if it had been made 

within such period.  

9. Power to fix time within which work to be executed, etc..- (1) 

When an order has been issued under section 6, the Deputy Commissioner 

may by notice require the owner or occupier of the land to execute such works 

or take such measures as may be specified in the notice. 

(2) Every such notice shall state the time within which the works are to 

be executed or measures are to be taken. 

(3) A person aggrieved by an order contained in such a notice as 

aforesaid may, within thirty days from the service of such notice or within 

such longer period as the Deputy Commissioner may allow in this behalf, 

serve a notice of his objections on the Deputy Commissioner in such manner 

as may be provided by the rules made under this Act. 



6   THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 

(4) If and in so far as an objection under this section is based on the 

ground of some informality, defect or error in or in connection with the notice, 

the Deputy Commissioner shall dismiss the objection, if he is satisfied that the 

informality, defect or error was not a material one.  

(5) If the objection is brought on all or any of the following grounds that 

is to say- 

(a) that the notice might lawfully have been served on the 

occupier of the land in question instead of on the owner, or on 

the owner instead of on the occupier, and that it would have 

been equitable for it to have been so served; 

(b) that some other person, being the owner, occupancy-tenant, 

mortgagee with possession, or lessee, or farm-holder, or 

possessing some other right in or over the land to be 

benefited, ought to contribute towards the expenses of 

executing any works or taking any measures required; 

(c) where the work or measure is work or measure for the 

common benefit of the land in question and other land, that 

some other person being the owner or occupier of land to be 

benefited, ought to contribute towards the expenses of 

executing any works or taking any measures required; 

the objector shall serve a copy of his notice of objection on each other person 

referred to, in clauses (a) to (c) and on the hearing of the objection of Deputy 

Commissioner may make such order as he thinks fit with respect to the person 

by whom any work is to be executed or measure is to be taken and the 

contribution to be made by any other person towards the cost of the work or 

measure, or as to the proportions in which any expenses which may become 

recoverable by the Deputy Commissioner under sub-section (6) are to be 

borne by the objector and such other persons: 

Provided that no such order shall be made unless the person who is 

likely to be affected thereby has been given a reasonable opportunity of being 

heard. 

In exercising his power under this sub-section the Deputy 

Commissioner shall have regard- 

(a) as between an owner and an occupier, to the terms and 

conditions, whether contractual or statutory, of the tenancy 

and to the nature of the works and measures required, and  

(b) in any case, to the degree of benefit to be derived by the 

different persons concerned. 

(6) Notwithstanding anything to the contrary contained in any law for 

the time being in force, no person required by a notice or an order under this 

section to execute any work or to take any measure shall be required to obtain 

the consent of any other person before complying with such notice or order. 



 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 7 

(7) Subject to such right of objection as aforesaid and the right of 

appeal under section 15, if the person required by the notice to execute the 

works or to take measures fails to execute the works and take measures 

indicated within the time thereby limited, the Deputy Commissioner may 

himself or by an agent execute the works or take the measures and recover 

from that person the expenses reasonably incurred by him in so doing: 

Provided that it shall not be necessary for the Deputy Commissioner 

to wait for the decision of an objection other than an objection under clause 

(a) of sub-section (5), or an appeal against any decision on such objection, 

before taking action under this sub-section. 

(8) If the cost of any work executed or any measure taken by any 

person remains unpaid by the person from whom it is due after the date 

specified in a notice issued in this behalf by the Deputy Commissioner or such 

other date as is fixed by him, such cost shall be recoverable as an arrear of 

land revenue and a certificate issued by the Deputy Commissioner in this 

behalf shall be final and conclusive evidence of the sum so recoverable and 

the person liable for the same. 

(9) Every order issued under this section shall be published in such 

manner, as may be prescribed in the rules made under this Act, and upon such 

publication every person affected thereby shall, unless the contrary be proved, 

be deemed to have had due notice thereof. 

(10).The Deputy Commissioner, may, by general or special order, 

authorise any revenue officer subordinate to him to enquire into any objection 

that may be brought under this section: 

Provided that no final order on any such objection shall be passed 

except by the Deputy Commissioner himself. 

(11) In making an order on objections brought under this section, 

Deputy Commissioner shall be guided by such rules, if any, as the State 

Government may make in this behalf. 

(12) For the purposes of this section, the expression “estate” shall 

have the meaning assigned thereto in the Himachal Pradesh Land Revenue 

Act, 1953 (6 of 1954). 

CHAPTER III 

POWER TO ENTER UPON AND DELIMIT NOTIFIED AREAS 
AND BEDS. 

10. Power to enter upon, survey and demarcate local areas 
notified under section 3.- It shall be lawful for the Deputy Commissioner and 

any other person, as may be authorised by him, from time to time, as occasion 

may require,- 

(a) to enter upon and survey any land comprised within any area 

in regard to which any notification has been issued under 

section 3 or in regard to which a notification is proposed to be 

issued under section 6; 



8   THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 

(b) to erect bench-marks on and to delimit and demarcate the 

boundaries of any such area; and  

(c) to do all other acts and things which may be necessary in 

order adequately to preserve or protect any land or to give 

effect to all or any of the provisions of this Act: 

Provided that reasonable compensation, to be assessed and 

determined in the manner in this Act provided, shall be made in respect of any 

damage or injury caused to the property or rights of any person in carrying out 

any operations under the provisions of this section. 

CHAPTER IV 

INQUIRY INTO CLAIMS AND AWARDS OF COMPENSATION  

11. Inquiries into claims and awards thereupon.- (1) The Deputy 

Commissioner shall- 

(a) fix a date for inquiring into all claims made under section 8 

and may in his discretion, from time to time, adjourn the 

inquiry to a date to be fixed by him; 

(b) record in writing all statements made under section 8; 

(c) inquire into all claims duly preferred under section 8; and  

(d) make and award upon such claim, setting out therein the 

nature and extent of the right claimed, the person or persons 

making such claim, the extent, if any, to which, and the 

person or persons in whose favour, the right established, the 

extent to which it is to be restricted or prohibited and the 

nature and amount of the compensation, if any, awarded. 

(2) For the purposes of every such inquiry the Deputy Commissioner 

may exercise all or any of the powers of a civil court in the trial of suits under 

the Code of Civil Procedure (5 of 1908). 

(3) The Deputy Commissioner shall announce his award to such 

persons interested, or their representatives, as are present and shall record the 

acceptance of those who accept it. To such as are not present, the Deputy 

Commissioner shall cause immediate notice of his award to be given. 

12. Method of awarding compensation and effect of such award.-

(1) In determining the amount of compensation the Deputy Commissioner 

shall be guided, so far as may be, by the provisions of sections 23 and 24 of 

the Land Acquisition Act, 1894 (1 of 1894), and as to matters which cannot be 

dealt with under those provisions, by what is just and reasonable in the 

circumstances of each case. 

(2) The Deputy Commissioner may, with the sanction of the State 

Government and the consent of the person entitled, instead of money, award 

compensation in land or by reduction in revenue or in any other form. 



 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 9 

(3) If in any case, the exercise of any right is prohibited for a time 

only, compensation shall be awarded only in respect of the period during 

which the exercise of such rights is so prohibited. 

CHAPTER V 

PROCEDURE, RECORDS AND APPEAL 

13. Record-of-rights in respect of notified areas.- (1) For every 

area, notified under section 3, the Deputy Commissioner shall prepare a 

record setting forth the nature, description, local situation and extent of all 

rights mentioned in section 4 and section 5 - 

(a) existing within such area at the time of the publication of the 

notification relating thereto under section 3; 

(b) regulated, restricted, or prohibited by any order under section 

4 or section 5. 

(2) When any award is made under section 11 its effect upon any right 

shall also be recorded therein. 

(3) The record prepared under this section shall be presumed to be 

correct until contrary is proved or a new entry lawfully substituted therefor. 

14. Mode of proclaiming notifications and of serving notices, 
orders and processes, issued under the Act.- (1) Upon the publication of a 

notification issued under any of the provisions of this Act, the Deputy 

Commissioner shall cause public notice of the substance thereof to be given at 

convenient places in the locality to which such notification relates. 

(2) The procedure prescribed in sections 21, 22 and 23 of the 

Himachal Pradesh Land Revenue Act, 1953 (6 of 1954), shall be followed, as 

far as may be, in proceeding under this Act. 

15. Appeal, review and revision.- Every order passed and every 

award made by the Deputy Commissioner under this Act shall for the 

purposes of appeal, review and revision, respectively, be deemed to be the 

order of a Collector within the meaning of sections 14, 15, 16 and 17 of the 

Himachal Pradesh Land Revenue Act, 1953 (6 of 1954): 

Provided that nothing in this Act contained shall be deemed to 

exclude the jurisdiction of any civil court to decide any dispute arising 

between the persons interested in any compensation awarded as to the 

apportionment or distribution thereof amongst such persons or any of them. 

CHAPTER VI 

PUNISHMENTS, BAR OF SUITS AND RULES 

16. Punishment for offences.- Any person who, within the limits of 

any area notified under section 3, commits any breach of any regulation made, 

restrictions or prohibitions imposed, order passed or requisition made under 

sections 4, 5, 6 or 9 or obstructs or resists in any way whatever the execution 

of acts or things done under section 10, shall be punished with imprisonment 



10   THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 

for a term which may extend to 6 months, or with a fine which may extend to 

five hundred rupees, or with both. 

17. Applications of provisions of the Indian Forest Act, 1927.- The 

provisions of sections 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64 (excluding last 

sentence), 66 and 73 of the Indian Forest Act, 1927 (16 of 1927) shall, so far 

as applicable, be read as part of this Act and for the purposes of those 

provisions, every offence punishable under section 16 shall be deemed to be a 

“forest offence” and every officer employed in the management of any area 

notified under section 3 as caretaker or otherwise, shall be deemed to be a 

forest officer. 

18. Power to try offences summarily.- The Chief Judicial Magistrate 

or any Judicial Magistrate of the first class specially empowered in this behalf 

by the State Government shall try summarily, under the Code of Criminal 

Procedure, 1973 (2 of 1974), any forest offence punishable with imprisonment 

for a term not exceeding six months, or with a fine not exceeding five hundred 

rupees, or with both. 

19. Power to compound offences.- (1) The State Government may, 

by notification in the Official Gazette, empower a Gazetted Forest Officer- 

(a) to accept from any person, against whom a reasonable suspicion 

exists that he has committed any forest offence, other than an 

offence specified in section 62 of the Indian Forest Act, 1927 

(16 of 1927), a sum of money by way of compensation for the 

offence which such person is suspected to have committed; and 

(b) when any property has been seized as liable to confiscation, to 

release the same on payment of the value thereof as estimated 

by such officer. 

(2) On the payment of such sum of money, or such value, or both, as 

the case may be, to such officer, the suspected person, if in custody, shall be 

discharged, the property, if any, seized shall be released, and no further 

proceeding shall be taken against such person or property.  

(3) The sum of money accepted as compensation under clause (a) sub-

section (1) shall in no case exceed the sum of five hundred rupees in each 

case.  

20. Bar to suits.- No suit shall lie against the State Government for 

anything done under this Act, and no suit shall lie against any public servant, 

for anything done, or purporting to have been done, by him, in good faith, 

under this Act.  

21. Power to make rules.- (1) The State Government may make 

rules, consistent with this Act,- 

(a) regulating the procedure to be observed in any inquiry or 

proceeding under this Act; and 

(b) generally for the purpose of carrying into effect all or any of 

the provisions of this Act. 



 THE HIMACHAL PRADESH LAND PRESERVATION ACT, 1978 11 

(2) All rules made under this section shall be published in the Official 

Gazette. 

(3) Every rule made under this Act shall be laid, as soon as my be 

after it is made, before the Legislative Assembly while it is in session for a 

total period of not less than fourteen days, which may be comprised in one 

session or in two or more successive sessions, and if before the expiry of the 

session in which it is so laid or the sessions aforesaid, the Assembly makes 

any modification in the rule or decides that the rule should not be made, the 

rule shall thereafter have effect only in such modified form or be of no effect, 

as the case may be, so, however, that any such modification or annulment 

shall be without prejudice to the validity of anything previously done under 

that rule. 

22. Repeal and Savings.- The Punjab Preservation Act, 1900 (2 of 

1900), as in force in the areas added to Himachal Pradesh under section 5 of 

the Punjab Re-organisation Act, 1966 (31 of 1966) and the Mandi State Anti-

Erosion Act, 2004 B.K.(4 of 2004 B.K.), as in force in the areas comprised in 

the erstwhile princely State of Mandi, are hereby repealed: 

Provided that anything done or any action taken, including rules 

made, notifications issued or proceedings commenced or continued under the 

provisions of the Acts hereby repealed shall, unless it is inconsistent with the 

provision of this Act, be deemed to have been done, taken, made, issued, 

commenced or continued under the corresponding provisions of this Act. 

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