(1) The surplus area which has vested in the State Government under section 11 shall be at the disposal of the State Government.
2[(2) The State Government may, by notification in the Official Gazette, frame a scheme for utilising the surplus area vested in the State Government by allotment-
(a) to a landless person 3[a victim of natural calamities] or any
1. Substituted by H.P. Act No. 1 of 1974, effective from 28th July, 1973.
2 Sub-section (2) substituted vide H. P. Act No. 11 of 1987, effective from 28th July, 1973.
3 Added vide H.P. Act No. 7 of 2000.
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 14 other eligible person;
(b) for allotment of a site to a handicapped or houseless person for the construction of a house;
and the allottee shall pay amount-
(i) for the land allotted to him, at the rate of ninety-five times the land revenue plus rates and cesses, thereof; and
(ii) for building, structure or tube-well, if any, at 50% of the market price of such building, structure or tube-well :
Provided that if the holding or part thereof comprising surplus area is not assessed to land revenue, the land revenue on such land shall be construed to be assessed as on similar land in the estate and if not available in the estate then on the adjoining estate or estates, as the case may be :
Provided further that the waste land shall be treated as `banjar' land for the purposes of assessment of land revenue and determination of the amount.]
1[(2-A) For making the allotment of the surplus land under subsection (2), the first preference among landless persons shall be given to the members of Scheduled Castes and Scheduled Tribes.]
(3) Any scheme framed by the State Government under sub-section
(2) may provide for the terms and conditions on which the land comprised in surplus area is to be allotted.
(4) The State Government may, by notification in the Official Gazette, add to amend, vary or revoke any scheme made under this section.
2Explanation.- For the purposes of this section, the expression “natural calamities” shall mean and include calamities caused by floods, earthquakes, land-slides, avalanches, snow-storms, hail storms, fire, excessive rains, cloud burst, wind storms and lightening.]
3[15-A. Utilization of land for development of the State.- Notwithstanding anything contained in section 15 of the Act, the State Government may utilise any area of the land vested in it under this Act 4[by transfer by way of lease or exchange to any person] or by transfer to any Department of the Government in the interest of the development of the State, if the State Government is satisfied that there are sufficient reasons to do so:
Provided that when land is not used by a person for the purpose for which it has been leased, the lease shall stand terminated free from all encumbrances and the Government shall re-enter in the demised premises, and the lease money, if paid to the Government, shall be forfeited and no person shall be entitled to any compensation for any improvement made and for any 1 Inserted vide H.P. Act No. 1 of 1974, effective from 28th July, 1973.
2 Explanation added vide H.P. Act No. 7 of 2000.
3 Section 15-A added vide H.P. Act No. 11 of 1987, effective from 28th July, 1973 4 . Substituted for the words “by lease to any person” vide H.P. Act No. 7 of 2000.
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 15 building constructed thereon.]