(1) The permissible area of a landowner or a tenant or a mortgagee with possession or partly in one capacity or partly in another of a person or a family consisting of husband, wife and upto three minor children shall be in respect of-
(a) land under assured irrigation capable of growing two crops in a year- 10 acres.
(b) land under assured irrigation capable of growing one crop in a year- 15 acres.
1. The words "recorded as such in the revenue record" omitted by H.P. Act No. 1 of 1974, effective from 28th July, 1973.
2. The word "or" omitted vide H.P. Act No. 1 of 1974, effective from 28th July,
1973.
3. Para (c) omitted vide H.P. Act No. 1 of 1974, effective from 28th July, 1973.
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 7
(c) land of classes other than described in clauses (a) and (b) above including land under orchards-30 acres.
(2) The permissible area for the purposes of clause (c) of sub-section
(1) for the districts of Kinnaur and Lahaul and Spiti, Tehsil Pangi and Sub- Tehsil Bharmaur of Chamba district, area of Chhota Bhangal and Bara Bhangal of Baijnath Kanungo Circle of Tehsil Palampur of Kangra district, and area of Dodra Kowar Patwar Circle of Rohru Tehsil and Pandrabis Pargana of Rampur Tehsil of Shimla district shall be 70 acres.
(3) The permissible area of a family under sub-section (1) shall be increased by one-fifth of the permissible area under sub-sections (1) and (2) for each additional minor member of a family subject to the condition that the aggregate permissible area shall not exceed twice the permissible area of a family under sub-sections(1) and (2).
(4) Every adult son 1[of a person] shall be treated as a separate unit and he shall be entitled to the land upto the extent permissible to a family under sub-sections (1) and (2) subject to the condition that the aggregate land of the family and that of the separate units put together shall not exceed twice the area permissible under the said sub-sections:
Provided that where the separate unit owns any land, the same shall be taken into account for calculating the permissible area for that unit.
2[(5) If a person holds land of two or more categories described in clauses (a), (b) and (c) of sub-section (1) and sub-section (2) of this section then the permissible area shall be determined on the following basis:-
(i) in the areas mentioned in sub-section (2) of this section one acre of land mentioned in clause (a) of sub-section (1) shall count as one and a half acres of land mentioned in clause (b) of sub-section (1) and seven acres of land mentioned in clause
(c) of sub-section (1);
(ii) in the areas other than the areas mentioned in sub-section (2) of this section, one acre of land mentioned in clause (a) of sub-section (1) shall count as one and a half acres of land mentioned in clause (b) of sub-section (1), and three acres of land mentioned in clause (c) of sub-section (1):
Provided that on the basis of ratio prescribed in clauses (i) and (ii), the permissible area shall be converted into the category of land mentioned in sub-section (2) and in clause (c) of sub-section (1) as the case may be, and the total area so converted shall not exceed 70 acres in case of clause (i) and 30 acres in case of clause (ii)].
(6) Where a person is a member of the family, the land held by such
1. Substituted for the words "or daughter of a landowner" by H. P. Act No. 1 of 1974, effective from the date of commencement of the Principal Act i.e. 19 of
1973.
2. Sub-section (5) substituted vide H.P. Act No. 1 of 1974, effective from the date of commencement of the Principal Act i.e. 19 of 1973.
THE HIMACHAL PRADESH CEILING ON LAND HOLDINGS ACT, 1972 8 person together with the land held by all the members of the family shall be taken into account for the purpose of calculating the permissible area.