Keyword(s):
Collector, Inhabitant of an Estate, Landless Person, Landowner, Panchayat,
Land and Private Forests
Amendments appended: 10 of 1987, 12 of 1997, 20 of 2001
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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974 Act 18 of 1974 Keyword(s): Collector, Inhabitant of an Estate, Landless Person, Landowner, Panchayat, Land and Private Forests Amendments appended: 10 of 1987, 12 of 1997, 20 of 2001 H. P. CODE (VOL. VI) THE HIMACHAL PRADESH VILLAGE COMMON LANDS VESTING AND UTILIZATION ACT, 1974 ARRANGEMENT OF SECTIONS Sections 1. Short title, extent and commencement, 2. Definitions. 3. Vesting of rights in the State Government. 4. Treatment of leases made by Paachayats. 5. Treat~nent of encroachments on lands vested in the State Government. 6. Determinatio~~ of’amount payable to land owners. 7. Payment of amount. 8. Utilization of land vested in the State Government, 9. Appeal. 10. Bar of jurisdiction. 1 I. Bar to legal proceedi~zgs. 12. Procedure. 2 3. Power l o make rules. 14. Power to remove difficultiefi. 15. Repeal and savings. THE HIMACHAL PKADESH VILLAGE COMMON LANDS 685 VESTING AND UTILJZATTON ACT, 1974 (Act No. 18 of 1974)l [Received the assent of the Governor, on the 9th August, 1974, and was published in R.H.P. Extra., dated the 29th August, 1974 at p. 1231-1 2371 An Act to provide for liesting and utilization of village comrnon lands. in the State of Ifimachal Pradesh. Be it enacted by the Legislative Assembly of the State of Hinlachal Pradesh in the Twenty-fifth Year of the Republic of India as follows :- 1. Short title, extent and commencement.-(1) This Act may be called the Himachal Pradesh Village Com~non Lands Vesting and Utilization Act, 1974. (2) It extends to the whole of the State of Himachal Pradesh. (3) It shall come into force at once. 2. Definitions.–In this Act, unless there is anything repugnant in the subject or context,- (a) “Co11ector” means the Collector of the district in which the estate is situated and includes an Oficer,Qot below the rank of an Assistant Collector of the First Grade, appointed2 by the State Government to perform the functions of a Collector under this Act ; (b) “inhabitant of an estate” means a person, whether a proprietor or a non-proprietor, who ordinarily resides in an estate : Provided that a temporary absence or absence in relation to employment elsewhere shall not affect his reside~nce 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 ; (d) “landowner” means a person having a share in the shamilat land as recorded in the land records and includes a panchayar ; (6) “panchayat” means a panchayat constituted under the Himachal Pradesh Panchayati Raj Act, 1968 (19 of 1970) ; 1. For Statement of Objects and Reasons, see R.H.P. Extra., dated the 22nd 0 ctober, 1973, Page 1606. 2. For Officers appointed under this cl, see Not. No. 2-27173-Rev-I, dt .31st December, 1974, appended. (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, 1954 (6 of 1954) as the case may be. 3. Vesting of rights in the State Government.-(1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any agreement, instrument, custom or usage or any decree or order of any court or other authority, all rights, title and interests including the contingent interests, if any, of the landowner in the Iands in any estate- (a) vested in a Panchayat under section 4 of the Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961) as in force in ihe areas added to Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966) except lands used or reserved for the benefit of village community including streets, lanes, playgrounds, schools, drinking wells or ponds within abadi deh or gorah deh ; (b) described in the revenue records as shamilat Karaf, pattis, pannas and thola and not used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) ; and (c) described in revenue records as shamilat, shamilat deh, sbamlat taraf, shamlat chak and patti in the areas comprised in Himachal Pradesh, immediately before first November, 1966 ; shall stand extinguished and all such rights, title and interests shall vest in the State Government free from all encumbrances. (2) The provisions of sub-section (1) of this section shall not apply to lands discribed in clauses (b) and (c) of that sub-section if, before the date of commencement of this Act- (a) partition of such lands is made by t4e individual co-sharers through a process of law by a competent court or authority ; H. P, VILLAGE COMMON LAND? VESTING AND UTILIZATION 6 87 ACT, 1973 (b) transfer of such lands is made by the landowner by way of sale, gift or exchange ; (c) such land* built upon by an inhabitant by raising a residential house or cow-shed. (3) The State Government shall be liable to pay, and the landowners whose rights have been extinguished under sub-section (I) of this section shall be entitled to receive, the amount in lieu thereof, at the following rates – (i) for the land reserved for grazing and other common purposes under clause (a) of sub-section (1) of section 8, five times the annual land revenue including rates and cesses chargeable thereon ; and (ii) for the remaining lmd, fifteen times the annual land revenue including rates and cesses chargeable thereon : Provided that where the land vested in the State Government under this Act is not assessed to land revenue, the same shall be construed to be assessed as on similar land in the estate and if not available in the estate then in the adjoining estate or estates, as the case may be. (4) The amount paid to a Panchayat under section 7 shall be deemed to’ be the Sabha Fund and shall be utilized for such purposes as are mentioned in section 40 of the Himachal Pradesh Panchayati Raj Act 1968, (19 of 1970). (5) The Collector may, by order in writing, at any time after the laid vested in the State Government, direct the landowners to deliver possession thereof within 10 days from the service of the order to such person as may be specified in the order. (6) If the landowners refuse or fail without reasonable cause to comply with the order made under sub-section (5), the Collector may take possession of the land and may for that purpose use, such force as may be necessary. 4. Treatment of leases made by Panchayats.-(1) The Collector shall call for from Panchayats in his district, the record of leases, contracts or agreements entered into by the Panchayats in respect of any land vested in the Panchayats under the Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961) and the rules made thereunder and examine such record for satisfying himself as to the legality or propriety of such leases, contracts or agreements, (2) Where on examination of the record under sub-section (1) and after making such enquiry as he deems fit, the Collector is satisfie dhatt such leases, contracts or agreements are in accordance with the provisions of the said Act and rules, he shall pass orders declaring such leases, contracts or agreements having been made on behalf of the State Government. (3) Where on such examination and enquiry the Collector finds that a lease, contract or agreement has been entered into in contravention of any of the provisions of the said Act or the rules made thereunder or has been entered into as a result of fraud or concealment of facts or is detrimental to the interest of the estate right-holders, he shall cancel such a lease, contract or agreement and such person shall be liable to ejectment under the provisions of section 150 of the Punjab Land Revenue Act, 1887 (17 of 1887) : Provided that no order under sub-sections (2) and (3) of this section shall be passed by the Collector without affording an opportunity of being heard to the parties to the lease, contract or agreement. 5. Treatment of encroachments on lands vested in the State Government. Where land vested in the State Government has been encroached upon by any person before or afkr the commencement of this Act, the Revenue Officer may of his own motion eject such person in accordance with the provisions of section 150 of the Punjab Land Revenue Act, 1887 (17 of 1887) or section 163 of the Himachal Pradesh Land Revenue Act, 1954 (6 of 1964) as the case may be. 6. Determination of amount payable to landowners-(1) The Collector shall cause a notice to be served, in the prescribed form and manner, to the landowner, whose rights have been extinguished under sub-section (1) of section 3, stating therein, the area of land vested in the State Government and the amount proposed therefor, immediately after the commencement of this Act, calling upon him to prefer objections, if any, within 60 days from the receipt of the notice: Provided that the Collector may entertain the objections after the expiry of the said period of 60 days if he is satisfied that the landowner was prevented by sufficient cause from filing the objections within the prescribed time. (2) The Collector after giving the landowner or landowners, as the case may be, an opportunity of being heard and making such inquiry as may be necessary, shall make an award determining the amount payable by the State Government to the landowners in accordance with the provisions of sub-section (3) of section 3 and also apportion the amount thereof among the landowners. (3) Where the amount is payable to a minor, the Collector may make such arrangements as may be equitable having regard to the interest of the minor. 7. Payment of amount.-The amount payable to a landowner under section 6 shall be paid in the manner and in such number of six monthly instalments not exceeding ten as may be prescribed. H. P. VILLAGE COMMON LANDS VESTING AND UTILIZATION 689 ACT, 1964 8. Utilization of land vested in the State Government.-(1) All lands vested in the State Government under this Act shall be utilized for the following purposes :- (a) an area not less than fifty per cent of the total area vested in the State Government under section 3 of this Act for grazing and other common purposes of the inhabitants of an estate ; and (b) the remaining land for allotment to a landless person or a person whose holding is less than one acre to make his holding one acre under a scheme to be framed by the State Government by notification in the Official Gazette. The allottee shall pay an amount at the rate of forty-eight times the land revenue and rates and cesses chargeable on the land allotted to him under the said scheme, either in lump sum or in six monthly instalments not exceeding four. (2) The land reserved under clause (a) of sub-section (1) of this section shall be demarcated by such Revenue Officer and in such manner as may be prescribed. (3) Any scheme framed by the State Government under caluse (b) of sub-section (1) of this section may provide for the terms and conditions on which the land is to be allotted. (4) The State Government may, by notification in the Official Gazette, add to, amend, vary or revoke any scheme made under this section. 9. Appeal.-An appeal from the order of a Collector passed under this Act shall lie to the State Government or an Officer1 to be authorised by it, by a notification, within 60 days of passing of the order. 10. Bar of jurisdiction.-Save as otherwise expressly provided in this Act, no order made by the Collector or the State Government or any officer authorised by it, as the case may be, shall be called in question by any court or before any officer or authority. 11. Bar to legal proceedings.-No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or authority for any act which is in good faith done or intended to be done in pursuance of this Act or of any rules made thereunder. 12. Procedure.-In all enquiries and proceedings under this Act, the Collector and any other officer or authority shall have such powers and follows such procedure as may be prescribed. 13. Power to make rules.-(I) The State Government may, by notification, in the official gazette make rules2 for carrying out the purposes of this Act. i. Divisional Cornmissioner authorised as such an officer,-vide Not. No, 2-27173-Rev. I, dated 17th September, 1975 (Appended). 2. Rules framed,-vide Notification No. 10-1173-Rev. A, dated 12th February, 1975 (Appended). (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the form and manner in which a notice is to be served under section 6 ; (b) for fixing of instalments and the manner in which, the payment of amount is to be made under section 7; (c) the manner in which the land under sub-section (3) of section 8 to be demarcated ; (d) the manner and procedure in which enquiries inay be held under section 12 ; and (e) any other matter which has to be or may be prescribed under this Act. (3) The power to make ally rule under sub-sections (1) and (2) is subject to the condition of the rule being made after previous publication. (4) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the State Legislature while it is in session for a total period of not less than seven days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the legislature requires any modification in the rule or desires that the rule should not be made, the rule shall thereafter have effect only in such modified for111 or be of no effect, as the case may be, so, however, that any such modification or annulment shall be – without prejudice to the validity of anything previously done under that rule. 14. Power to remove difficulties.–If any difficulty arises in giving effect , to the provisions of this Act, the State Government, may, by order published in the Official Gazette, make such provisions or give such directions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty. 15. Repeal and savings.-(I) With efict from the colnmencement of this Act the Punjab Village Cornmon Lands (Regulation) Act, 1961 (18 of 1961) in its application to the territory added to Hiinachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966), shall stand repealed. (2) Save as provided in section 4 the repeal of the said Act shall not affect anything done or any action taken thereunder. (3) Subject to the provisions of sub-section (2) no authority shall pass an order in any proceedings whether instituted before or after the commencement of this Act which is inconsistent with the provisions of this Act, THE IIIMACHAL PRADEStS WLLAGE COMMON LANDS VESTING AND UTILISATION (AMENDMENT) ACT, 1987 (Act Ho. 10 of 1937)l ARRANGEMENT OF SECTTONS Seerions : I, Short title and commencement. 2. Amendment of section 2. 3. Amendment oE section 8. 4. Saviags. (Receiwi the assent. oyrhe myernor, Hbutmltal Brr~desi~, onthe 8/11 May -t9S7 und was publis~zcd in A. H. P. Extra., dded 8-5- 1 987 P. 7 77-778) An Act furtl~er lo mnend rlre Hinzachar Pradcsli Ififluge Cuns~ot~ Lasds Veslit~ and Utilisutim~ Art, 1974 (Act No, 18 of 1974). I36 i’t enacted by the LeisIative AsscmbIy of Himachzll Pr;rdt%h in thc Thirtyeighth. Year of the Republic of India as.fallowvs :- ‘ I. Shwl lifle nnd comlnencenlerrt .–(I) This Act may be cAcd the Himachat Pradesh Village Common Lands Vesting and Utilisation (Amcndn~ent) Act, 1987. (2) It shall be dmo~d to havc came intg fol’cc wit11 effect from the date of commnccment of the Mimachal Pradesh Village Common Lands Vestir~g and Utilisation Act, I974 (1 8 of 1974). 2 dnte~lrime~tt of seciiurr 2 .-In section 2 of the Himachal Pradesh Wage Common Lands Vesting and WtiSsation Act, 1974(18 olI974){hcreinafter caIled the principal Act),- – (il after the cxistingclause (0). thcfullowingclauses (an) and (am) shall be insert&, namely:- ‘ “handimppad person” means a crippled, physicaUy ur medically deficient person whose annuaI incomc Born all sources does not exwed rupzes seven thousand and five hundred and who, on account of injury, dieasc or conscnital deformity, is substandally prevznkd from or is incapable of leading a normal life or earning full wages for the work in rvbich be is employed; or obtaining or kcepillg employment or undertaking work on his own of a’kind in view of that iiury, dixase or deformity whiah work would have witcd his age, experience and qualificar on. Expimarion.-For the pzcpases of this clausc. a person ~Ivllo has incurred physical disablemeat to the extent of firry per cent or more sIlaal[ bc deenled to be substantially incapable or disabled pason;” (am) “hou~elas’~rson”o~cans a person who awns -rw housc or a site to. cumtrucr a house for hirnsdf ; — — — – – – . – I. For Stacmeat of Objeas and Rcasorls see R.R.,~, Extra, dated 14-1 98m7, p. 267. 2rovided that a person whoxfather is alive or whose annual income from all sources exceeds Rs. 3,0001- shall not bs dwmed to be a houselcss person ;” (ii) for tb sign ” ; ” occurring at thc ood of clause (c), the sign “: ” shall bc substitured and thereafter the following proviso shall be added, namely :- “Provided that a person whose father is &YO or whose annual incumc from al sour- exceeds Rs. 30001- shall not be deamcd to be a landles person;”; and (iii) aftt:r the existing clause (d), thc followi~ig clause (cld) shdl be added,- “(@ ‘aotl~er eIigib1e pcrson” moans a person,- (i) who, holding land for agricultural purposes less than an acre whether as nu owner or a tenant, earns his Iivctihood prinupalIy by a manual labour on land and intcnds to take the profession of agricultum and is . capable of oultivating the land personally;. (ii) whose father is not alive; and – (iii) whose annuat income from all , sources does not exceed , Rs. 30001-; and shall not incIude a pcrson who holds a shre of a portion of an estate jointly owned or cultivated by two or more persons.” . Seclio?lb.–For clause (b) of sub-section (1) of section 8, sTta1I be substituted, aante1y;- . . “(b) the remaining land- ) for allotment to a landless person or any other eligible person; or (ii) for allotment of sitc to a handicapped or houseless person for ‘ the wnsuuction of a house; undcr a scheme to be ft-amed by the State Government by notification-in the Official Gazette and the allottce shall pay an amount at the ratc of fmcy-eight times of thc land revenue and rates and wscs chnrge~blc on the land allotted to him under the said schcmc, eithcr in’lmlp sum or in six rnanrhly injtalmcn* n~t exceeding four. ” 4. Smlings.–iVl~cre any albtn~nt of Land made undcr any scheme, framcd under the principal Act, is found to be inc~nsistcnt with the provisions madc in the principal Act, as amended by sections 2 and 3 of this Act, tltcn notwithstanding anything to the contiary contained in any judgement, decree ur order of any court. or any other law for the tinac bcing in form, it shall be lawfull for an offiar mp~cialiy ompowcred by tlic State Government for this purpose, to cancel such allotment and takc possession of the land so allotted : Provided that no ordw undor this section shRlI bc passed withodt afiurdin g an opportunity of king hard to tlru ailottce of tlrc land in question. THE HIMACHAL, PRADESR ViLLAGE COMMON LAND VESTING AND UTJLISATION (AMENDMENT) ACT, 1997 ARRANGEMENT OF SECTIONS Sections: 1. Short title. 2. Amendment of section 8. 3. Amendment of section 8-A TEIE HIMACHAL PRADESB VILLAGE COMMON LAND VESTING AM, UTILISATION (~NDMENT) ACT, 1997 (Act No. 12 of 19971~ (Received the assent of the Governor on 3rd May, 1997 and was published in Hindi and En&h in RH.P. Extra, datcd 7.5.1997, p. 2683 and 1684). An Act further to amend the Hirnachd Pradesh village Common Land Vesting and Utilisation Act, 1974 (Act No. 18 of 1974). BE it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-eighth Year of the Republic of lndia as follows:- 1. Short title.- ?his Act may be called the HinmM Mesh Vdlage Common land Vesting and U&ation (Amendment) Act, 1997. 2. Amendment of section 8.- In section 8 of the Himachal Pradesh Village Common Land Vesting and Utilisation Act, 1974 (18 of 1974) (hereinafter called the principal Act),- (a) in sub-section (I), in clause @), in sub-clause (i), after the words “Iandless person”, the sign and words, “a victim of natural calamities” shall be added ; and (b) at the end, the following qIanation shall be added, namely :- “Exp1anafion.- For the purpose of this smtion, the expression ‘natural calamities’ shall mean and include calamities caused by floods, earthquakes, land slides, avalanches, snow-storms, hail-storms, fire, excessive rains, cloud burst, wind storms and lightening.”. 3. Amendment of section 8-A- In section &-A of the principal Act, for the words “by Iease to any pcrson”, the words ‘by trmfcr whether by way of lease or exchange to any person” shall be substituted. 1. Passed in Hindi by the J3hachd Pradesh Vidhan Sabha For Statement of Objects and Reasons see RH.P.Extra., dated25.3.1997, pages 990 and 992. 4. – Amendment of section 4. ‘ 5. Substitution of scction 5. 6. Amendment of section 8. 7. Amendment of section 8-A . 8. Insdon of section 9-A. THE HIMACHAL.PRADESH VILLAGE COMMON LANDS VESTING AND UTLIZATION (AMENDMENT) ACT, 2001 (ACT’NO 20 OF 2001)~ -, (Received the assent of the Governor on the 27th September, 200 1 and pubW in Hhdi and English in RH.P. Extra., dated I st October, 200 1 at pages I : . .- 274 1-2746): ,. An Act fnrther to amend the fimachal Pradesh Village. Cominon Lands Vesting -and Utilization Act, 1974 ( ~ct NO. 18 of 1974). I BE it enaded by the Legislative Assembly of Himachd Pradesh in the Pi-second Year of the -Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be cfld the %chd Pradesb Villagc Common Lands Vesting and Utilization (Amendment] Act, 2001. i (2) The ‘of this Act, shall be deemed to have came inta force with effect farm the datc, the HimachaI Pradesh village’ Common Larids Vesting rm Utilization Act, 1974 ( 18 of 1974) came into force. , . :. . . 2. Amendment of section 2.- In s-xtion 2 of th~ Himachd Pradesh . . . … . . Village Common Lands v&ng and ~tilizati&-~ct, 1974 ‘&.rsinafta ref4 , ., . . ,. .. . to as “the priacipd-Act”) )- (a) after clause (a), the follohg shall be added, namely:- . <- “(a- I] “common purposes” means and includes grazing, cotlection of fuel wd and tree leaves for fodder, school bddings, Panchayat . I Gw Mahila , Mandal ,Bhawans, School .Playgrounds, Co~lmnmity Ha&, Japj Ghars, Dispensaries, Government Offices, KisaD Mindit&, I& plantation .under various State b ; :. . – .- .. . .. . .. -. Government Shes and any other publid facilities;”; I,.-:-. .. .. – – . . (b) in clause (aa), for the words “rupees seven thousand and five hundred”, the wards and sign ‘;the limit fixed for persons living I 1 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha For Statement of Objects and Reasons see RHP. Em, dated 22.8.200 1, P. 2034 8~2039. below property line as noad by the State Govment from , time to he,” shall be substituted; and (c) in provisos below clauses (aaa)and (c) and in sub-clause (iii) of clause (dd),for the word, sign and figure ” Rs. 30001-“, the words and sign “the limit ked for pmons living below povew line as notified by the State Government fim time to time,” shall be substituted. 3. Amendment of section 3.- In sectioq 3 of the princjpal Aof- , . (4. uL,sub-section (I), for clauses (b) and (c), the following shall be s~bstitutd, namely:- “(b) – described in the rev&me records as shadat taraf, pattis, pannu, tho4 shamIat, shamlat deb, shdat chak, shamlat tika or by any such oh description and not used according to revenue records for the benefit of the cornmmi@ in the village or a part thereof or fdr common purposes of the village in the ai&s:.added to Himadd Pradesh md~r section 5 of the Punjab Reorganization Act, I966 (3 7 of 1966); and , . (c) described in revenue records as shamlat, sh’amlat deh, shamlat shamlat ch& Pah or by any other such description m the areas comprised in Himacbal Pradesh immediately. before 1st November, 1966.” ; (b) in sub-section (21, after clause (c), the following, shall be added, namely:- ,.. ,,. – . “(d) land,remrded as “shamlat tika Hasab Rasd ~dkuzari” or by any such ,other name in the ownership u>lm of jmbhdi and assessed to land revenue and bas been continuously drdd in cultivating possession of the Co-sharers so recorded before 26th Jmary, 1950 to the extent of their shares thkrein: . . -, :. . . Provided that’ the provisions of this clause shall’ not be applicable to such Iand which have atready been pwt to use by the Govem~ent.”. – ; – . 4.. Amendment of section 4.- In section 4 of the principal Act, m subsection (2), aRer words “State Govemmmtn, the words “ad will fix the lease money at the rate noad by the State ~ovemmk~t hm time.to time. Such lease rnoncy shall be &overed by the Panchayat mnckrned horn tbe lessee,” shall be added. ‘ 5. Substitution of section 5.- For section 5 of the principal Act, the ‘ folIowing shall be substituted, mmly:- I “5. Treatment of encroachments on sbamlat land or the lands vested in the State Go~ernment,- Where the land vested in the State Government or the Shamlat land by wbtever term it is recorded in the revenue records, which bas not vested in the State Government, has been. encroach4 upon by any person or co-sharer before or after the commencepled of this Act, the Revenue Officer may of his own motion or on the report of the Patwari of the circle My vded by the Kanmgo of the &cle or on the application of any estate right holder or co-sharer, eject such person in accordance with the provisions of section 163 of the khal Pradesh Land Revenue Act, 1954.”. 6. Amendment of section 8.- In section 8 of the principal Act, in subsection (11, in clause (b), after sub-clause (i}, the foHowing sld be added, namely:- . . .. -, . ‘ ( for allotment of land to the eligible persons under the schemes notified by the -State Government fur providing houses to he . . poorer s&ons of the society.”. (a) after – the words “s&’ Gove&nf’- and ‘ before the words “hy I utilize”, the words ‘br any other officer authorised by the State Government in I this behalf” shall be added; and ‘ , – @) afbr the words “State: Govcmtnent” and ,before the words “is satkljed”, the words “or the Officer authorised by it”,shdl be added. 8. Insertion of section 9-A- Afkr section 9 of the principal Act, the following shd be inserted, namely- ?-A Review.- (1) The Collector or the Officer ahorised by the State Government under section ‘9 may, either on his owh motion or on the application of any party interested, rcview and on so reviewing, modify reverse or cd&m any *order passed by himielf or by any of his . . + pr~~sors in office. ‘ , – (2) No order shall be modified or reversed in review unless a notice has been givm to the phes fleck thereby to appear and be heard in support of the order. . . , (3) An ada against which an appeal has bcm prefd shall not . be miwed. . . . . ,. .. . – (4) An appication for nxiew of &i order shall not be entertained unless it is made within 90 days of the passing of the’order, or Imless the applicant salisfies the Collector or -an Oficer authorised by the State Government that he had s &cia clause for not making the application ,within that period.”.
