Except as otherwise provided by this Act-
(1) A Civil Court shall not have jurisdiction in any matter which the State Government or a Revenue Officer is empowered by this Act, to dispose of or take cognizance of the manner in which the State Government or any Revenue Officer exercises any powers vested in it or him by or under this Act;
(2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely-
(i) any question as to the limits of any land which has been defined by a Revenue Officer as land to which this Act does or does not apply;
(ii) any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue Officer as such;
(iii) any claims to the office of kanungo, or village officer, or in respect of any injury caused by exclusion from such office, or to compel the performance of the duties or a division of the emoluments thereof;
(iv) any notification directing the making or revision of a record-of-rights;
(v) the framing of a record-of-rights or 1[periodical] record or the preparation, signing or attestation of any of the documents included in such a record;
2[(v-a) order regarding complete remeasurement of an estate or sub-estate under section 33-A of this Act;]
(vi) the correction of any entry in a record-of-rights, 3[periodical] record or register of mutations;
1. Substituted for the word “annual” vide H.P. Act No. 21 of 1976.
2.. Clause (v-a) inserted vide H.P. Act No. 3 of 1996.
3. Substituted for the word “annual” vide H.P. Act No. 21 of 1976, Sec. 11.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 71 1[(vi-a) correction of clerical errors under section 38-A of this Act;]
(vii) any notification of the undertaking of the general reassessment of a district or tehsil having been sanctioned by the State Government;
(viii) the claim of any person to be liable for an assessment of land-revenue or of any other revenue assessed under this Act;
(ix) the amount of land revenue to be assessed on any estate or to be paid in respect of any holding under this Act;
(x) the amount of, or the liability of any person to pay, any other revenue to be assessed under this Act, or any cess, charge or rate to be assessed on an estate or holding under this Act or any other enactment for the time being in force;
(xi) any claim relating to the allowance to be received by a landowner who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceeding taken in consequence of the refusal of any person to be liable for an assessment under this Act;
(xii) the formation of an estate out of wasteland;
2[(xii-a) formation of sub-division of an estate or merger of sub-estates or estates etc. under section 34-A of this Act;]
(xiii) any claim to hold free of revenue any land, mills, fisheries or natural products of land or water;
(xiv) any claim connected with, or arising out of, the collection by the State Government, or the enforcement by the Government of any process for recovery of land revenue or any sum recoverable as an arrear of land revenue;
(xv) any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of land revenue of any sum recoverable as an arrear of land revenue;
(xvi) the amount of, or the liability of any person to pay any fees, fines, costs or other charges imposed under this Act;
1. Clause (vi-a) inserted vide H.P. Act No. 3 of 1996.
2. Clause (xii-a) inserted vide H.P. Act No. 3 of 1996.
72 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
(xvii) any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of proceedings for partition not being a question as to title in any of the property of which partition is sought;
(xviii) any question as to allotment of land on the partition of an estate holding or tenancy, or as to the distribution of land subject to established custom to periodical redistribution or as to the distribution of land revenue on the partition of an estate or holding or on a periodical redistribution of land, or as to the distribution of rent on the partition of a tenancy;
(xix) any question connected with or arising out of or relating to any proceedings for the determination of boundaries of estates subject to river action under sections 108, 109, 110 and 111 respectively of Chapter VIII;
(xx) any claim to set aside or disturb a division or appraisement of produce confirmed or varied by a Revenue Officer under this Act;
(xxi) any question relating to the preparation of a list of village cesses or the imposition by the State Government of conditions on the collection of such cesses;
(xxii) any proceeding under this Act for the commutation of the dues of a superior land owner;
(xxiii) any claim arising out of the enforcement of an agreement to render public service in lieu of paying land revenue;
(xxiv) any claim arising out of the liability of an assignee of land revenue to pay a share of the cost of collecting or reassessing such revenue, or arising out of the liability of an assignee to pay out of assigned land revenue, or of a person who would be liable for land revenue, if it had not been released, compounded for, or redeemed, to pay on the land revenue for which he would, but for such release, composition or redemption, be liable, such a percentage for the remuneration of a village officer as may be prescribed by rules for the time being in force under this Act; or 1[(xxv) any question, as to any land or any right to, or title or interest in, the land which is an encroached land or in relation to which any person claims that it has vested
1. Clause (xxv) inserted vide H.P. Act No. 15 of 1989.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 73 or is deemed to have vested in him and that he cannot be ejected therefrom under sub-section (1) of section 163;]
1[(xxvi) the ejectment of any person under section 163 or the 163 or the recovery of damages or fine payable under sub-section (1) of that section.]
__________ THE SCHEDULE (See Section 2) Enactments Repealed Number and year Subject of enactment Extent of repeal
(1) Act-XVII of 1887 The Punjab Land Revenue Act, 1887as applied to Himachal Pradesh vide Himachal Pradesh (Application of Law) Order, 1948 2[and as in force in the areas added added to Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966].
The whole
(2) Act-III of 1952 The Punjab Land Revenue (Himachal Pradesh Amendment) Act, 1952.
The whole [(3) Act-I of 1899 The Punjab Riverain Boundaries Act, 1899, as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966.]
1. Clause (xxv) inserted vide H.P. Act No. 19 of 1971, renumbered as clause (xxvi) clause (xxvi) vide H.P. Act No. 15 of 1989.
2. Added vide H.P. Act No. 21 of 1976.
74 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 THE HIMACHAL PRADESH LAND REVENUE (AMENDMENT AND EXTENSION) ACT, 1976 ARRANGEMENT OF SECTIONS Sections:
1. Short title and commencement 2-28. [Amendments made by these sections incorporated in the principal Act.]
29. Extension.
30. Repeal and Savings.
31. Power to remove difficulties.
_________ THE HIMACHAL PRADESH LAND REVENUE(AMENDMENT AND EXTENSION) ACT, 1976 (ACT NO. 21 OF 1976) 1 (Received the assent of the Governor on the 30th April 1976, and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 18th May, 1976, pp. 1221-1228.)
An Act to amend the Himachal Land Revenue Act, 1954 (Act No. 6 of 1954) as in force in the territory comprised in Himachal Pradesh immediately before 1st November, 1966 and to extend the said Act so amended to the territories added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (Act No.
31 of 1966).
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-seventy Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Land Revenue(Amendment and Extension )Act, 1976.
(2) It shall come into force at once.
2.-28. Amendments made by these sections incorporated in the principal Act.
29. Extension.- The principal Act as amended by this Act and all rules and orders made and all notifications, directions or instructions issued which are in force immediately before the commencement of this Act in the territory to which the said Act applies are hereby extended to and shall be in force in the territories added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966.
30. Repeal and savings.- Notwithstanding anything contained in sections 2 and 3 of the principal Act, the enactments added to the Schedule to the principal Act, under section 28 of this Act as applicable to the territories
1. For Hindi Text see the the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 5th December,1996, pp. 2711.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 75 added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 and all rules and orders made and all notifications, directions or instructions issued thereunder, shall, upon the commencement of this Act, save as otherwise expressly provided in this Act, stand repealed:
Provided that such repeal shall not effect-
(a) the previous operation of the Acts so repealed or anything duly done or suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Acts so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Acts so repealed, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:
Provided further that anything done or any action taken under the Acts so repealed shall be deemed to have been done or taken under the Act extended by section 29 and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the Act so extended.
31. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of the Act, rules, or orders or instructions or directions how extended by section 29 to the territory in which they were not in force before the commencement of this Act, the State Government may, by order notified in the Official Gazette, make such provisions or give such directions, as appear to it to be necessary or expedient for the removal of the difficulty.
__________ 76 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 THE HIMACHAL PRADESH LAND REVENUE (AMENDMENT AND VALIDATION) Act, 1996.
(Act NO. 3 OF 1996) ARRANGEMENT OF SECTIONS Sections:
1. Short title and commencement.
2. Amendment of section 4.
3. Amendment of section 16.
4. Amendment of section 32.
5. Insertion of section 33-A.
6. Insertion of section 34-A.
7. Amendment of section 36.
8. Amendment of section 38.
9. Insertion of section 38-A.
10. Insertion of section 47-A.
11. Amendment of section 117.
12. Amendment of section 171.
13. Validation.
-------- THE HIMACHAL PRADESH LAND REVENUE (AMENDMENT AND VALIDATION) Act, 1996 (Act No. 3 of 1996)1 Received the assent of the Governor on 7.3.1996 and was published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 12.3. 1996, pp. 999-1008.
An Act further to amend the Himachal Pradesh Land Revenue Act, 1954 (Act No. 6 of 1954) and to validate certain actions taken in relation to the making or special revision of record-of-rights in the State.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-sixth Year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Land Revenue (Amendment and Validation) Act, 1996.
(2) It shall come into force at once except sections 2(b), 5, 6 and 10 which shall be deemed to have come into force on the 23rd day of September, 1976.
Sections 2 to 12 incorporated in the Principal Act.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 15.1.1996, pp. 241 and 246.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 77
13. Validation.-Notwithstanding anything contained in the Himachal Pradesh Land Revenue Act, 1954 (Act No. 6 of 1954) and rules, instructions, notifications made or issued thereunder, or in any law for the time being in force or in any judgement, decree or order of any court or other authority, where at any time after the 23rd day of September, 1976 and before the commencement of the Himachal Pradesh Land Revenue (Amendment and Validation) Act, 1996, if any record-of-rights or special revision of recordof-rights has been made in respect of lands, situated in the State of Himachal Pradesh, such making or special revision of record-of-rights shall and shall be deemed always to have been valid and shall not be questioned on the ground that the amendments made vide sections 2(b), 5, 6 and 10 of this Act were not in force at that time when such record-of-rights were made or specially revised.
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