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Section 4: Application for permission for transfer of land

The Himachal Pradesh Transfer of Land (Regulation) Act, 1968State Act of Himachal Pradesh · Act 15 of 1969

(l) Any person 5 Clause (ff) inserted by H.P. ActNo.2 of 2003 published in R.H.P., (Extra-ordinary) on 12-3-2003 at page 3624.

6 Substituted by H.P. Act. No.2 of 2003 published in R.H.P.(Extra-ordinary) on 12- 3-2003 at page 3624.

belonging to any Scheduled Tribe who desires to make a transfer of his interest of any land to a person not belonging to such tribe, may make an application to the Deputy Commissioner for the grant of permission for such transfer.

(2) Every application under sub-section (1) shall be made in the prescribed form and shall contain the prescribed particulars and shall be accompanied by such fees as may be prescribed.

7[(3) On receipt of any such application for the grant of permission, the Financial Commissioner shall refer the application to the Deputy Commissioner and the Deputy Commissioner, after making such inquiry as he thinks fit, shall submit the application with his remarks to the Commissioner who after recording his opinion about such transfer of land shall forward the application to the State Government for decision, and the State Govt. after due consideration shall grant or refuse the permission:

Provided that where permission is refused, the State Government shall record in writing the reasons for such refusal and shall communicate such refusal to the applicant as well as to the Gram Sabha or Panchayats at the appropriate level.]

(4) Before granting or refusing permission under this section, the 8[State Government] shall have regard to the following matters, namely:-

(a) he financial position of the applicant;

(b) he age and physical condition of the applicant;

(c) the purpose for which the transfer is proposed to be made; and 9[(cc) recommendations of the concerned Gram Sabha or Panchayatsat the appropriate level; and] .

(d) such other relevant matters as the 10[State Government] may think fit in the circumstances of the case.

Where this provision sits

ActThe Himachal Pradesh Transfer of Land (Regulation) Act, 1968
Section4
Marginal noteApplication for permission for transfer of land
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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