THE HIMACHAL PRADESH UTILISATION OF LANDS ACT, 1973

THE HIMACHAL PRADESH UTILISATION OF LANDS ACT, 1973 

ARRANGEMENT OF SECTIONS 

Sections: 

1.  Short title, extent and commencement. 

2.  Definitions. 

3.  Powers of Collector to cause land to be cultivated. 

4.  Payment of compensation to owner.  

5.  Lease by Collector. 

6.  Power of Collector to determine lease in certain cases. 

7.  Delivery of possession on determination of lease. 

8.  Penalty for failure of the tenant to grow food or fodder crops.  

9.  Sums due recoverable as arrears of land revenue. 

10.  Steps for securing compliance with Collector's order. 

11.  Delegation of functions. 

12.  Instrument of lease not to be stamped, attested or registered. 

13.  Appeal and revision. 

14.  Bar to suits or legal proceedings. 

15.  Power to make rules. 

16.  Saving of tenancies under the Act from the provisions of 

Himachal Pradesh Tenancy and Land Reforms Act, 1972. 

17.  Repeal and savings. 

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THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972 

(ACT NO. 17 OF 1973)
1
 

(Received the assent of the Governor on the 4
th
 June, 1973 and was 

published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 9
th
 

July, 1973, pp. 1165-1171). 

An Act to provide for the utilization of lands in Himachal Pradesh. 

Amended, repealed or otherwise affected by,- 

The Himachal Pradesh Tenancy and Land Reforms Act, 1972 

(Act No. 8 of 1974), published in the Rajpatra, Himachal Pradesh 

21
st
 February, 1974, pp. 171-210. 

BE it enacted by the Legislative Assembly of Himachal Pradesh in the 

Twenty-fourth Year of the Republic of India as follows:- 

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

called the Himachal Pradesh Utilization of Lands Act, 1973. 

                                                 

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

(Extra-ordinary), dated the 6
th

 January, 1973, p. 15.  



2  THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972 

(2) It extends to the whole of Himachal Pradesh. 

(3) It shall come into force at once. 

2. Definitions.- In this Act, unless there is anything repugnant in the 

subject or context,- 

(a)  “agricultural year” means the year commencing on the 

sixteenth day of June, or on such other date as the State 

Government may by notification appoint for any local area; 

(b) “Collector” means Collector of the district where the land is 

situated; 

(c) “land” means land which is not urban land and is not 

occupied as the site of any building in a town or village, but 

does not include land which is leased by Government under 

any law other than this Act ; 

(d) “owner” means a person having a proprietary right in the land 

and includes a usufructuary mortgagee or a lessee; 

(e) “prescribed” means prescribed by rules made under this Act; 

(f)  “tenant” means a person to whom land is leased by the 

Collector under the provisions of this Act; and 

(g)  “urban land” means all land included within the limits of a  

Municipal Corporation, Municipal Committee, Notified Area 

Committee and Cantonment. 

3. Powers of Collector to cause land to be cultivated.- (1) 

Notwithstanding any law to the contrary, the Collector may issue notice to the 

owner of any land which has not been cultivated for the last two agricultural 

years to show cause, within thirty days of the date of the service of such 

notice on him, why the land has not been cultivated and in case the Collector 

does not find the explanation to be satisfactory, he may take possession of the 

land forthwith for the purposes of this Act: 

Provided that the Collector shall not issue such notice in respect of 

any land- 

(a)  which is used and maintained as grass land and is classified as 

such in the revenue records; and 

(b)  which has been continuously used as grass land for a period 

of not less than four years immediately preceding the date of 

the notice, whether or not it was recorded as such in the 

revenue records: 

Provided further that the Collector shall not issue such notice in 

respect of any land which, under any law for the time being in force, is 

reserved in the year immediately preceding the date of the notice for any of 

the following purposes, namely:- 

(a)  pasture land;  



THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972 3 

(b)  threshing floor;  

(c)  irrigation tank;  

(d)  orchard; 

(e)  private forest; 

(f)  land which forms part of any home-stead, burial or cremation-

ground; and 

(g)  any other public purpose. 

Explanation.- For the purposes of this section “grass land” means any 

land in the private ownership of an individual in which grass or fodder trees, 

or both are grown. 

(2) The notice required by sub-section (I) shall be deemed to be duly 

served if delivered at, or sent by Registered Acknowledgement Due post to, 

the usual or last known place of residence of the owner. 

4. Payment of compensation to owner.- Where possession of any 

land has been taken under section 3, one-half of the lease money shall be paid 

as compensation to the owner of the land. 

5. Lease by Collector.- (l) Where the Collector has taken possession 

of any land under section 3, he may lease it to any person on such terms and 

conditions as he may deem fit for the purpose of growing food and fodder 

crops. 

(2) Every such lease shall ordinarily be for a period of three years. 

(3) When the term of lease under sub-section (1) has expired or the 

lease has been determined under sub-section (1) of section 6, the Collector 

may lease it to any person as provided in sub-section (1) but the total period of 

lease shall not be more than twenty years. 

6. Power of Collector to determine lease in certain cases.- (1) If a 

person to whom land has been leased under section 5 commits a breach of any 

of the terms and conditions thereof, the Collector, shall without prejudice to 

any right or remedy against him, have the power to determine the lease and 

take possession of the land. 

(2) Where lease has been determined by the Collector, the tenant shall 

not be entitled to any compensation. 

7. Delivery of possession on determination of lease.- (1) Where any 

land taken possession of by the Collector under section 3, is to be returned to 

the owner, the Collector may after making such inquiry, if any, as he 

considers necessary, specify by order in writing the person to whom 

possession of the land shall be given. 

(2) The delivery of possession of the land to the person specified in 

any order made under sub-section (I) shall be a full discharge of the Collector 

from all liability in respect of such delivery but shall not prejudice any rights 

in respect of the land which any other person may be entitled by due process 



4  THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972 

of law to enforce against the person to whom possession of the land is so 

delivered. 

(3) Where the person to whom possession of any land is to be given 

cannot be found and has no agent or other person empowered to accept 

delivery on his behalf, the Collector shall cause a notice declaring that the 

land is released to be affixed on some conspicuous part of the land. 

(4) On issue of the notice referred to in sub-section (3) the land 

specified in the notice shall be deemed to have been delivered to the person 

entitled to the possession thereof, and the Government or the Collector shall 

not be liable for any compensation or other claim in respect of the land for any 

period after the said date. 

(5) On the expiry of term of lease a tenant will be entitled to get 

compensation for the improvements made by him on the land leased out to 

him under the provisions of this Act provided that the lease is not determined 

under sub-section (1) of section 6. 

8. Penalty for failure of the tenant to grow food or fodder crops.- 
Where the tenant fails to grow food or fodder crops on the land leased to him, 

he shall, besides the payment of rent fixed under section 5, be also liable to 

pay a penalty not exceeding twice such rent. 

9. Sums due recoverable as arrears of land revenue.- All sums due 

under this Act from the owner or tenant shall be recoverable as arrears of land 

revenue. 

10. Steps for securing compliance with Collector's order.- The 

Collector may take or cause to be taken such steps and use or cause to be used 

such force as may in his opinion be reasonably necessary for securing 

compliance with any order made by him under this Act. 

11. Delegation of functions.- The Collector may delegate all or any 

of his powers and functions under this Act to any officer of the Revenue or 

Rehabilitation Department in his district either by name or designation. 

12. Instrument of lease not to be stamped, attested or registered.- 
Notwithstanding anything contained in any law for the time being in force, no 

instrument in writing to give effect to a lease by the Collector under this Act 

shall require stamp, attestation or registration. 

13. Appeal and revision.- (l) Any person aggrieved by an order 

passed by the Collector may, within fifteen days from the date of such order, 

or such longer period as the Commissioner may allow for reasons to be 

recorded in writing, prefer an appeal in writing to the Commissioner 

appointed in this behalf by the State Government. 

Explanation.-In computing the period of fifteen days, the time taken 

in obtaining a certified copy of the order appealed against shall be excluded. 

(2) On such appeal being preferred, the Commissioner may order stay 

of further proceedings in the matter pending decision on the appeal. 

(3) The Commissioner shall decide the appeal after giving the parties 



THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972 5 

an opportunity of being heard and, if necessary, after sending for the records 

of the case from the Collector and after making such inquiry as he thinks fit 

either personally or through the Collector. 

(4) The State Government or the Commissioner authorised by it in 

this behalf, may, at any time, for the purpose of satisfying itself or himself as 

to the legality or propriety of any order passed by any officer under this Act, 

call for and examine the records of any case pending before or disposed of by 

any such officer and may, after giving the parties a reasonable opportunity of 

being heard, pass such order in reference thereto as it or he may deem fit. 

(5) Except as provided in this Act no order made or action taken in 

exercise of any power conferred by this Act shall be called into question in 

any court or before any officer or authority. 

14. Bar to suits or legal proceedings.- (1) No suit, prosecution or 

other legal proceedings shall be instituted against any person for anything 

which is, in good faith, done or intended to be done under this Act. 

(2) No suit or other legal proceedings shall lie against the Government 

for any damage caused by anything which is, in good faith, done or intended 

to be done under this Act. 

15. Power to make rules.- (1) The State Government, may, by 

notification in the Official Gazette, make rules for carrying out the provisions 

of this Act. 

(2) Every rule made under this Act shall be laid, as soon as may 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 'he validity of anything previously done under that 

rule. 

16. Saving of tenancies under the Act from the provisions of 
Himachal Pradesh Tenancy and Land Reforms Act, l972.- The provisions 

of 
1
[the Himachal Pradesh Tenancy and Land Reforms Act. 1972] shall not 

apply to the tenancies created under this Act. 

17. Repeal and savings.- The East Punjab Utilization of Lands Act, 

1949 (38 of 1949), as in force in the territories transferred to Himachal 

Pradesh under section 5 of the Punjab Reorganisation Act, 1966, is hereby 

repealed. 

Notwithstanding such repeal anything done or any action taken 

                                                 

1.  Substituted for “the Himachal Pradesh Abolition of Big Landed Estates and Land 

Reforms Act, 1953” by column (c) of section 126 of The Himachal Pradesh 

Tenancy and Land Reforms Act, 1972 (Act No. 8 of 1974).  



6  THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972 

including any orders, notifications or rules made or issued in exercise of the 

powers conferred by or under the repealed Act shall, to the extent of being 

consistent with the provisions of this Act, be deemed to have been done or 

taken in exercise of the powers conferred by or under this Act. 

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