(1) Notwithstanding any law to the contrary, the Collector may issue notice to the owner of any land which has not been cultivated for the last two agricultural years to show cause, within thirty days of the date of the service of such notice on him, why the land has not been cultivated and in case the Collector does not find the explanation to be satisfactory, he may take possession of the land forthwith for the purposes of this Act:
Provided that the Collector shall not issue such notice in respect of any land-
(a) which is used and maintained as grass land and is classified as such in the revenue records; and
(b) which has been continuously used as grass land for a period of not less than four years immediately preceding the date of the notice, whether or not it was recorded as such in the revenue records:
Provided further that the Collector shall not issue such notice in respect of any land which, under any law for the time being in force, is reserved in the year immediately preceding the date of the notice for any of the following purposes, namely:-
(a) pasture land;
THE HIMACHAL PRADESH UTILIZATION OF LANDS ACT, 1972 3
(b) threshing floor;
(c) irrigation tank;
(d) orchard;
(e) private forest;
(f) land which forms part of any home-stead, burial or cremationground; and
(g) any other public purpose.
Explanation.- For the purposes of this section “grass land” means any land in the private ownership of an individual in which grass or fodder trees, or both are grown.
(2) The notice required by sub-section (I) shall be deemed to be duly served if delivered at, or sent by Registered Acknowledgement Due post to, the usual or last known place of residence of the owner.