CourtMesh

Section 2: Definitions

The Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974State Act of Himachal Pradesh · Act 18 of 1974

In this Act, unless there is anything repugnant in the subject or context-

(a) “Collector” means the Collector of the district in which the estate is situated and includes an Office, not below the rank of an Assistant Collector of the First Grade, appointed by the State Government to perform the functions of a Collector under this Act;

1[(a-1) “common purposes” means and includes grazing, collection of fuel wood and tree leaves for fodder, school buildings, Panchayat Ghars, Mahila mandal Bhawans, School Playgrounds, Community Hals, Janj Ghars, Dispensaries;

Government Officers, Kisan Mandies, tree plantation under various State Government Schemes and any other public facilities.]

2[(aa) “Handicapped persons” means a crippled or physically or medically deficient person whose annual income from all sources does not exceed 3[the limit fixed for persons living below poverty line as notified by the State Government from time to time] and on account of injury, disease or congenital deformity, is substantially prevented from or is incapable of landing a normal life or earning full wages for the work in which he is employed; or obtaining or keeping

1. Inserted vide Section 2 of Act No.20 of 2001.

2. Inserted by Section 2(a) of H.P. Act of 1987.

3. Substituted for words “rupees seven thousand and five hundred” vide section 2(b) of Act No. 20 of 2001.

employment or undertaking work on his own of a kind in view of that injury, disease or deformity which work would have suited his age, experience and qualifications.

Explanation—For the purposes of this clause, a person who has incurred physical disablement to the extent of fifty percent or more shall, be deemed to be substantially incapable or disabled person;]

(aaa) “houseless person” means a person who owns no house or a site to construct a house for himself;

Provided that a person whose father is alive or whose annual income from all sources exceeds 1 [the limit fixed for persons below poverty line as notified by the State Government from time to time] shall not be deemed to be a houseless person,

(b) “inhabitant of an estate” means a person, whether a proprietor or a nonproprietor, who ordinarily resides in an estate:

Provided that a temporary absence or absence in relation to employment elsewhere shall not affect his residence in the estate;

(c) “landless person” means a person who holding no land for agricultural purposes, whether as an owner or a tenant, earns his livelihood principally by manual labour on land and intends to take the profession of agriculture and is capable of cultivating the land personally:

2 Provided that a person whose father is alive or whose annual income from all sources exceeds 1 [the limit fixed for persons below poverty line as notified by the State Government from time to time] shall not be deemed to be a landless person;

(d) “landowner” means a person, having a share in the shamilat land as recorded in the land records and includes a Panchayat;

2 (dd) other eligible person means a person;

(i) who, holding land for agricultural purposes less than an area whether as an owner or a tenant, earns his livelihood principally by manual labour on land and intends to take the profession of agriculture and is capable of cultivating the land personally;

(ii) whose father is alive; and

(iii) whose annual income from all sources does not exceeds 1[the limit fixed for persons below poverty line as notified by the State Government from time to time];

1. Substituted for words “Rs.3000/-” vide section 2(c) of Act No. 20 of 2001.

2. Inserted by section 2 of the H.P. Village Common Lands Vesting and Utilization (amendment) Act, 1987.

and shall not include a person who holds a share or a portion of an estate jointly owned or cultivated by two or more persons;

(e) “panchayat” means a panchayat constituted under the Himachal Pradesh Panchayati Raj Act, 1968 (19 of 1970);

(f) “prescribed” means prescribed by rules made under this Act;

(g) “State Government” means the Government of Himachal Pradesh;

(h) the words “land” and “private forests” have the same meanings as assigned to these words in the Himachal Pradesh Ceiling on Land Holdings Act, 1972;

(19 of 1973) and

(i) all other words and expressions used in this Act but not defined in it shall have the same meanings as assigned to such words and expressions in the Punjab Land Revenue Act, 1887 (17 of 1887) or the Himachal Pradesh Land Revenue Act, 954 (6 of 1954) as the case may be.

Where this provision sits

ActThe Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974
Section2
Marginal noteDefinitions
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.