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Section 42: Transfer of property during consolidation proceedings

The Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971State Act of Himachal Pradesh · Act 2 of 1971

(1) After a notification under sub-section (1) of section 14 has been published and during the pendency of the consolidation proceedings, no land-owner or tenant having a right of occupancy upon whom the scheme will be binding shall have power without the sanction of the Consolidation Officer to transfer or otherwise deal with any portion of his original holding or other tenancy so as to affect the rights of any other landowner or tenant having a right of occupancy therein under the scheme of consolidation.

(2) After a notification under sub-section (1) of section 14 has been published and during the pendency of the consolidation proceedings no person, whose land has been notified under section 14 aforesaid and which is the subject matter of pending consolidation proceedings, shall cut any tree or demolish any building or structure or water course or water channel or well standing on such land, or remove or appropriate such trees or materials of such buildings, structure, water course, water channel or well or commit any act which is detrimental to or which may diminish the utility or market value of any such land or tree, building, structure, water course, water channel or well.

Explanation.- The word `person' mentioned in sub-section (2) includes his family member, servant, or agent or any person who commits the acts mentioned in sub-section (2) at the instigation or desire, express or implied, of such person.

(3) Whoever contravenes the provisions of sub-section (2) shall be liable to pay an amount which may extend up to twice the amount of loss or damage caused by such contravention.

(4) The quantum of loss or damage shall be assessed by the Settlement Officer (Consolidation) and an assessment so made shall be final.

(5) The amount assessed, if not paid within the period fixed by the Settlement Officer (Consolidation), shall become recoverable as an arrear of land revenue as provided for in section 41.

Where this provision sits

ActThe Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971
Section42
Marginal noteTransfer of property during consolidation proceedings
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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