Section 118 of the Himachal Pradesh Land Reforms and Tenancy Act, 1972, is an important provision that regulates the transfer of land in the state. Article 11 of this section lays down certain conditions that must be fulfilled by non-agriculturists who wish to purchase land in Himachal Pradesh. In this blog, we will explore the provisions of Section 118 Article 11 in detail.
Firstly, it is important to note that the Himachal Pradesh Land Reforms and Tenancy Act, 1972, was enacted to regulate the use and transfer of land in the state. The act applies to all agricultural land in the state and aims to protect the interests of the farmers and tenants.
Section 118 of the act deals with the transfer of land to non-agriculturists, which includes individuals, companies, and organizations that are not involved in agriculture. Article 11 of this section lays down the conditions that non-agriculturists must fulfill to purchase land in Himachal Pradesh.
According to Article 11, non-agriculturists can only purchase land in Himachal Pradesh if they fulfil the following conditions:
1. Obtaining permission: Non-agriculturists must obtain permission from the state government before purchasing any land in the state. This permission is granted by the Deputy Commissioner of the district where the land is situated.
2. Residing in Himachal Pradesh: Non-agriculturists must have resided in Himachal Pradesh for a minimum of 30 years. This condition is aimed at ensuring that the land is purchased by individuals who have a long-term interest in the state.
3. Not owning land: Non-agriculturists who wish to purchase land in Himachal Pradesh must not already own any agricultural land in the state. This condition is aimed at preventing the concentration of land ownership in the hands of a few individuals.
4. Not engaged in agriculture: Non-agriculturists who wish to purchase land in Himachal Pradesh must not be engaged in agriculture. This condition is aimed at ensuring that the land is purchased by individuals who do not have any conflicting interests in agriculture.
It is important to note that these conditions do not apply to individuals who are of Himachal Pradesh origin or are married to a Himachali. However, they still need to obtain permission from the state government before purchasing any land in the state.
In conclusion, Section 118 Article 11 of the Himachal Pradesh Land Reforms and Tenancy Act, 1972, lays down important conditions that must be fulfilled by non-agriculturists who wish to purchase land in the state. These conditions are aimed at ensuring that the land is purchased by individuals who have a long-term interest in the state and do not have any conflicting interests in agriculture. By regulating the transfer of land, the act aims to protect the interests of farmers and tenants in Himachal Pradesh.
