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Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section
who does not own agricultural land in Himachal Pradesh is a non-agriculturist. The term non-agriculturist is often
confused with non-Himachali. However, both these terms are separate and completely independent of each other in
context and meaning e.g. A bonafide Himachali, living in Himachal for generation to generation, who owns no
agricultural land in Himachal Pradesh is a non-agriculturist under the Himachal Pradesh Tenancy & Land Reforms Act,
1974.
A non-agriculturist who intends to purchase or acquire land in Himachal Pradesh should take following systematic
steps:
STEP NO. 1
He should, first of all, clearly determine the purpose and quantum of land, he intends to purchase or acquire under
Rule 38 A (3) of Himachal Pradesh Tenancy & Land Reforms Rules 1975. The permissible limits are given below:
S.No.
Purpose
Quantum of land
STEP NO. II
He should search out a suitable owner of land, who agrees to transfer (by way of sale, gift, lease, mortgage etc.) land
in consonance with the purpose and quantum determined by step I.
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Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section
I)
II)
STEP NO. IV
The non-agriculturist and the landowner should execute an agreement on the prescribed value of the stamp paper,
with regard to the proposed transfer of land. It is not compulsory to register this agreement under the Indian
Registration Act.
The non-agriculturist should execute an affidavit duly attested by a Magistrate stating:
i.)
ii.)
iii.)
That he has not earlier acquired any land for the same purpose either in his own name or in the name of
his family, with the permission of the State Government under clause (h) of subsection (2) of section
118.
That the land to be transferred is fit to be used for the purpose for which it is being transferred.
That he will use the land, proposed to be transferred, for the same purpose for which it is sought to be
transferred.
Apart from the above, the non-agriculturist should also procure an attested affidavit of the landowner stating
therein that he, after the proposed transfer, will not become landless, and if so he shall not claim any
benefit/land under any scheme prepared for the benefit of the landless persons in the State.
STEP NO. V
The fifth step calls for obtaining additional documents/certificates depending upon the purpose as given below:
If
the
purpose
is
Industrial/Tourism or Hydro
electric
If the purpose is
1. For agricultural or horticultural
purpose or for both purposes.
2. For building a residential house.
3. For construction of shop
4. For construction of house and flats.
1.
2.
Essentiality Certificate
from Tourism Department
in case tourism unit is to
be set up.
3.
Essentiality Certificate
from Department of M PP
and
Power
of
the
http://www.hpsolan.nic.in/118%20Guidelines.htm
1.
1.
Certificate of permanent
residence
issued by
the
Tehsildar or the M agistrate of
the are concerned.
2.
2.
3.
No objection certificate:
3.
No objection certificate
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Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section
Government of Himachal
up of hydro projects.
Department.
i)
Works
Where
transferred
5.
utilization certificate of
land
already
held
is
required to be given by
the applicant.
In case of sick/non
functional unit which is
proposed
to
be
transferred to another
entrepreneur
either
directly or through any
Himachal Pradesh State
Financial
Institution/
Himachal Pradesh State
Industrial
Development
Corporation,
only
the
following documents shall
be enclosed:
a)
Latest
copy
of
Jamabandi
b) Tatima
Shajra
(if
subdivision of Khasra
number is proposed
to be transferred)
is
land
to
abutting
be
the
4.
the
the
Public
Works
Department.
ii)
Where the land to be
transferred is located in an
area where the provisions of
Himachal Pradesh Town and
Country Planning Act, 1977 are
applicable from the Town and
Country Planning Authority
concerned.
iii) Where the land to be
transferred is located in a
municipality concerned
4.
STEP NO. VI
After all the documents and certificates under rule have been procured from the relevant person authority, the
non-agriculturist should fill up the Application form LR XIV reproduced below:
Form LR XIV
APPLICATION FOR PERMISSION REQUIRED UNDER SUB-RULE (1) OF RULE 38-A OF THE
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Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
2.
Permanent address
Village/Town
Tehsil
District
State
Present occupation and address
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
3.
4.
5.
_____________________________
_____________________________
(i) District
_____________________________
(ii) Tehsil
_____________________________
(iii) Number of estate (Hadbast)
_____________________________
with name of Estate
(iv) Khata/Khatoni/Khasra Numbers
___________________
along with total No. of Kitas with
area and classification of land
___________________
6.
7.
Whether the applicant applied for such permission if so, give the following
particulars: (a)
(b)
(c)
8.
__________________________
__________________________
______________________
______________________
______________________
______________________
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Guidelines for a non-agriculturist of Himachal Pradesh who desires to purchase/acquire land in Himachal Pradesh under section
Dated:
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