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Procedures involved for non-resident of HP wanting to buy motel in HP
13-Feb-2023 (In Property Law)
i am non himachali and wish to purchase land for hotel in manali,permission from cabinet seen under section 118, but it requires manipulation, any other practical way out
A non-Himachali cannot buy agricultural land. Since the economy of the state is agricultural/ horticultural driven, Himachal Pradesh has certain provisions under which non-Himachal residents and non-Himachal agriculturists cannot buy agricultural land in Himachal.
2. Special permissions are granted by the Govt. to outsiders who intend to buy land in Himachal Pradesh. Outsiders can however buy land that is not being used for any agricultural purpose. However to buy land they would first require a prior permission from the State Government.
3. Non-Himachali’s do not require any special permission to buy or lease constructed property, flat, etc. Anyone who is a citizen of India can freely buy any constructed property in the state. Having said that, one can buy or acquire the property only in urban areas and not in rural or agricultural areas.
4. Ownership of a non-Himachali’s property would be limited only to the constructed area and the land on which this property is built will not be in his ownership.
Here is how a non-Himachali who wants to purchase or acquire land in Himachal Pradesh can do so:
You first need to clearly determine the purpose why you intend to purchase or acquire under Rule 38 A (3) of Himachal Pradesh Tenancy & Land Reforms Rules 1975. The permissible limits for building a residential house is 500 square meters and an area not exceeding 4 acres for agricultural or horticultural purpose.
Once you have shortlisted the plot and have completed your negotiations with the owner, you will need to visit the local patwari or the right land record officer along with the landowner to get the requisite copies of revenue record:
(i) Latest copy of Jamabandi
(ii) Tatima Shajra
Once all the papers are in order and everything is agreed upon you 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.
Here you will have to execute an affidavit duly attested by a magistrate stating that:
(I) That you have not earlier acquired any land for the same purpose either in your own name or in the name of your family, with the permission of the State Government under clause (h) of subsection (2) of section 118.
(ii) That the land to be transferred is fit to be used for the purpose for which it is being transferred.
(iii) That you will use the land, proposed to be transferred, for the same purpose for which it is sought to be transferred.
Apart from the above, you also need to 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.
Since you will be buying the land for building a residential house, you will need to obtain additional documents/certificates including:
1. Certificate of permanent residence issued by the Tehsildar or the Magistrate of the area concerned.
2. No objection certificate in the form of affidavit from co-shares of the land proposed to be transferred.
3. No objection certificate:
(i) Where the land to be transferred is abutting the State or the National Highways from 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 municipal area from the municipality concerned.
4. In case you are a government employee or working in public undertakings/ autonomous bodies, a copy of permission of the employer.
IMPLICATION OF SECTION 118 OF H.P. TENANCY & LAND REFORMS ACT
10.1 A relaxation in favor of the private developer pertaining to the acquisition or transfer of private / Government land will be given for the specific purpose of developing new townships in various areas of the State. And for these purpose suitable amendments in section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 will be made. Upon such relaxation being given, the developer will commence construction within six months from the date of getting possession of the land and the township should be fully developed within five years.
10.2 Furthermore, the developer will have freedom to sell the plots, flats or semi-constructed structures to the prospective buyers without any legal hurdles. For this purpose, suitable amendments in section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 will be carried out so as to bring these private developers at par with the dwelling units/ plots sold to private parties by the Himachal Pradesh Housing Board and Himachal Pradesh Nagar Vikas Pradhikaran throughout the State.
38-A. Purpose for which land is transferable under section 118(2)(h).-
(1) Where a non-agriculturist intends to acquire land in his name by way of sale, gift, will, Exchange, lease or mortgage with possession, he shall apply for permission under clause (h) Of sub-section (2) of section 118 of the Act, in Form LR-XIV duly supported with the Documents specified, to the Collector in whose jurisdiction the land is situated.
(2) (a) on receipt of the application, complete in all respect under sub-rule (1), the Collector shall examine the same and if he is of the opinion that the application should be Accepted, he shall recommend the same to the State Government for consideration within a Period of 30 days from the date of receipt. The Collector shall ensure that all relevant information and documents, specified in Form LR-XIV, are available and in order before making recommendation. If documents are not in order, he shall return the application to the Person concerned with a specific order: Provided that if there is any objection or shortcoming in the application Form LR-XIV, the Collector shall convey such objection(s) or shortcoming(s) at one time only, to avoid unnecessary delay].
(b) On receipt of the recommendations made by the Collector under clause (a) of this sub rule, the State Government shall consider the application and allow or [reject the application within [30 days]:
(c) The applicant shall be informed of every order passed by the State Government under Clause (b) of this sub-rule; and
(d) Any applicant, whose application has been rejected, may, within 60 days of the date of order of rejection, apply to the State Government to review the order and the Government may, after making such further inquiry as it may think fit, pass such order as it considers necessary: Provided that the State Government may entertain the review application after the expiry of the said period of 60 days, if it is satisfied that the applicant was prevented by sufficient cause from filing the review application in time.
[(3) The permission under sub-rule 2 may be granted for any of the following purposes and subject to the following scales, eligibility and other conditions:-
Purpose Area Conditions on
Transferor (s) Eligibility of transferee
(s)Other conditions
(a) For agriculture or horticulture purpose or for both purposes an area not exceeding 4 acres only in rural area. Shall not become landless/houseless. That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department. As per Performa for essentiality Certificate and Check list separately notified.
(b) For building residential house. Upto 500 square meters but not less than 150 square meters. Shall not become landless /houseless.
1.(a) A person who on the commencement of this Act worked and continues to work for gain in an estate situated in HP.
(b) A person working in the State for more than 30 years Recommendation of Deputy Commissioner. Recommended by concerned local body for grant of permission.
(c) Employees possessing certificate of being bonafide Himachali.
2. Padma Award Gallantry Award Winners
3. Other eminent persons in the spheres of health, education, culture, research, public service, sports and business to be recommended by a committee consisting of three Principal Secretaries headed by the Principal Secretary (Revenue).
(c) Built up building or part thereof for residential purpose Upto 500 square metres.Seller to be registered with the Town and Country Planning Department in areas where Town and Country Planning Department has not already issued NOC/approval for construction of building to the seller. Any citizen of India including an OCI and legal entity registered in India under any law for the time being in force. Recommendations of Deputy Commissioner.
(d) For construction of shop.Upto 300 square metres but not less than 150 square metres. Shall not become landless/ houseless.
(a) A person who on the commencement of this Act worked and continues to work for gain in an estate situated in H.P.
(b) A person working in the State for more than 30 years recommended by concerned local body Recommendations of Deputy Commissioner. For grant of permission.
(e) For industrial/ religious/ tourism/ apartment/ hydel project/BT/IT project, purpose Such area as may be certified by the Department concerned. Shall not become landless/ houseless. That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department. As per Performa for Essentiality Certificate and Check list Separately notified.
(f) For socially useful activities i.e. old age home, gausadan, health related activities, orphanages, education related or related to creation sports facilities, etc. Such area as may be certified by the department concerned. Shall not become landless/ houseless. That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department. As above
(g) Public use facilities normally undertaken for profit i.e. shopping malls, office complex, garage, cold storages, service stations, petrol pumps etc. and any other activity not covered above. Such area as may be certified by the Department under whose control the activity falls. Shall not become landless/ houseless. That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department. As above. Provided that the permission granted under this rule shall be valid for a period of one year from the date of issue of the orders of the State Government granting such permission: Provided further that the State Government may for reasons to be recorded in writing, extend the said period for further six months
APPLICATION FOR PERMISSION REQUIRED UNDER SUB RULE (1) OF RULES 38-
A OF THE HIMACHAL PRADESH TENANCY AND LAND REFORMS RULES, 1975.
………..
PART-I
1. Name of the applicant________________Son/Daughter/Wife/ of__________
resident of village_________________________ Tehsil_________________
District_________.
2. Permanent address
Village/Town_______________Tehsil______________ District____________
State_________________.
3. Present occupation and address__________________________________
4. Purpose for which the land is required__________________________-
5. Particulars of the land applied for:
i) District.
ii) Tehsil.
iii) Number of estate (Hadbast) with name of Estate.
iv) Khata/Khatoni/Khasra Numbers alongwith total No. of Kitas with area and classification of land.
6. Particulars of the land holder from whom land is intended to be transferred Name_________________________son/daughter/wife of_____________ resident of village________________ Tehsil________________________ District________________.
7. Whether the applicant applied previously for such permission if so, give the following particulars:-
(a) Date of application, if known.
(b) Whether permission granted or refused (the date of order the State Government.
(c) Particulars of land permitted to be transferred previously:-
i) District.
ii) Tehsil.
iii) Name of Estate with Hadbast number.
iv) Khasra number with area and classification.
8. Any other information which the applicant consider to be relevant.
I solemnly affirm and declare:-
That whatever has been stated above is true to the best of my knowledge and belief and that nothing has been concealed or suppressed.
Signature of the Applicant.
Address
Dated:
Remarks of the Collector.
Signature of the Collector
District______________
Dated_________________PART-II
(DOCUMENTS TO BE ENCLOSED WITH THE APPLICATION FOR PERMISSION)
(I) Latest copy of Jamabandi and tatima shajra.
(II) Copy of agreement entered into by the transferor and transferee.
(III) Affidavit of the transferor stating that he, after the proposed transfer, will not become landless, and if so he will not claim any benefit/land under any scheme prepared for the benefit of landless persons in the State.
(IV).- No objection of all the co-sharers/tenants of the land proposed to be transferred in case of a joint holding where a particular Khasra No. or part thereof is proposed to be transferred in the form of affidavit stating that he/she has no objection in case land is transferred to proposed transferee. This affidavit will not be required in any case of transfer of a share in an entire joint holding.
(V) In case of application under (b) (c) or (d) of sub-rule (3) of rule 38-A, proof of being an eligible applicant:-
(i) for 3 (b) 1. (a) & (b) and 3 (c).- Certificate may be issued by a NaibTehsildar/Tehsildar/SDM/ ADM/ADC/DC having jurisdiction over the area.
(ii) For 3 (b) 1.(c). In addition to (i) above, a Certificate from the department concerned.
(iii) For 3(b) 2. Attested copy of Award/certificate.
(iv) For 3 (b) 3. Recommendations of committee headed by the Principal Secretary (Revenue), Govt. of H.P. for which applicant has to apply to the Principal Secretary (Revenue), Govt. of H.P.
(v) In case of any other applicant, Essentiality Certificate from the concerned department.
(vi) In case of non-agriculturist seeking to sell any land or building purchased after obtaining permission under section 118, proof of utilization for the purpose for which permission was obtained from relevant department or local body concerned within the period allowed for utilization
2. Special permissions are granted by the Govt. to outsiders who intend to buy land in Himachal Pradesh. Outsiders can however buy land that is not being used for any agricultural purpose. However to buy land they would first require a prior permission from the State Government.
3. Non-Himachali’s do not require any special permission to buy or lease constructed property, flat, etc. Anyone who is a citizen of India can freely buy any constructed property in the state. Having said that, one can buy or acquire the property only in urban areas and not in rural or agricultural areas.
4. Ownership of a non-Himachali’s property would be limited only to the constructed area and the land on which this property is built will not be in his ownership.
Here is how a non-Himachali who wants to purchase or acquire land in Himachal Pradesh can do so:
You first need to clearly determine the purpose why you intend to purchase or acquire under Rule 38 A (3) of Himachal Pradesh Tenancy & Land Reforms Rules 1975. The permissible limits for building a residential house is 500 square meters and an area not exceeding 4 acres for agricultural or horticultural purpose.
Once you have shortlisted the plot and have completed your negotiations with the owner, you will need to visit the local patwari or the right land record officer along with the landowner to get the requisite copies of revenue record:
(i) Latest copy of Jamabandi
(ii) Tatima Shajra
Once all the papers are in order and everything is agreed upon you 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.
Here you will have to execute an affidavit duly attested by a magistrate stating that:
(I) That you have not earlier acquired any land for the same purpose either in your own name or in the name of your family, with the permission of the State Government under clause (h) of subsection (2) of section 118.
(ii) That the land to be transferred is fit to be used for the purpose for which it is being transferred.
(iii) That you will use the land, proposed to be transferred, for the same purpose for which it is sought to be transferred.
Apart from the above, you also need to 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.
Since you will be buying the land for building a residential house, you will need to obtain additional documents/certificates including:
1. Certificate of permanent residence issued by the Tehsildar or the Magistrate of the area concerned.
2. No objection certificate in the form of affidavit from co-shares of the land proposed to be transferred.
3. No objection certificate:
(i) Where the land to be transferred is abutting the State or the National Highways from 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 municipal area from the municipality concerned.
4. In case you are a government employee or working in public undertakings/ autonomous bodies, a copy of permission of the employer.
IMPLICATION OF SECTION 118 OF H.P. TENANCY & LAND REFORMS ACT
10.1 A relaxation in favor of the private developer pertaining to the acquisition or transfer of private / Government land will be given for the specific purpose of developing new townships in various areas of the State. And for these purpose suitable amendments in section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 will be made. Upon such relaxation being given, the developer will commence construction within six months from the date of getting possession of the land and the township should be fully developed within five years.
10.2 Furthermore, the developer will have freedom to sell the plots, flats or semi-constructed structures to the prospective buyers without any legal hurdles. For this purpose, suitable amendments in section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 will be carried out so as to bring these private developers at par with the dwelling units/ plots sold to private parties by the Himachal Pradesh Housing Board and Himachal Pradesh Nagar Vikas Pradhikaran throughout the State.
38-A. Purpose for which land is transferable under section 118(2)(h).-
(1) Where a non-agriculturist intends to acquire land in his name by way of sale, gift, will, Exchange, lease or mortgage with possession, he shall apply for permission under clause (h) Of sub-section (2) of section 118 of the Act, in Form LR-XIV duly supported with the Documents specified, to the Collector in whose jurisdiction the land is situated.
(2) (a) on receipt of the application, complete in all respect under sub-rule (1), the Collector shall examine the same and if he is of the opinion that the application should be Accepted, he shall recommend the same to the State Government for consideration within a Period of 30 days from the date of receipt. The Collector shall ensure that all relevant information and documents, specified in Form LR-XIV, are available and in order before making recommendation. If documents are not in order, he shall return the application to the Person concerned with a specific order: Provided that if there is any objection or shortcoming in the application Form LR-XIV, the Collector shall convey such objection(s) or shortcoming(s) at one time only, to avoid unnecessary delay].
(b) On receipt of the recommendations made by the Collector under clause (a) of this sub rule, the State Government shall consider the application and allow or [reject the application within [30 days]:
(c) The applicant shall be informed of every order passed by the State Government under Clause (b) of this sub-rule; and
(d) Any applicant, whose application has been rejected, may, within 60 days of the date of order of rejection, apply to the State Government to review the order and the Government may, after making such further inquiry as it may think fit, pass such order as it considers necessary: Provided that the State Government may entertain the review application after the expiry of the said period of 60 days, if it is satisfied that the applicant was prevented by sufficient cause from filing the review application in time.
[(3) The permission under sub-rule 2 may be granted for any of the following purposes and subject to the following scales, eligibility and other conditions:-
Purpose Area Conditions on
Transferor (s) Eligibility of transferee
(s)Other conditions
(a) For agriculture or horticulture purpose or for both purposes an area not exceeding 4 acres only in rural area. Shall not become landless/houseless. That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department. As per Performa for essentiality Certificate and Check list separately notified.
(b) For building residential house. Upto 500 square meters but not less than 150 square meters. Shall not become landless /houseless.
1.(a) A person who on the commencement of this Act worked and continues to work for gain in an estate situated in HP.
(b) A person working in the State for more than 30 years Recommendation of Deputy Commissioner. Recommended by concerned local body for grant of permission.
(c) Employees possessing certificate of being bonafide Himachali.
2. Padma Award Gallantry Award Winners
3. Other eminent persons in the spheres of health, education, culture, research, public service, sports and business to be recommended by a committee consisting of three Principal Secretaries headed by the Principal Secretary (Revenue).
(c) Built up building or part thereof for residential purpose Upto 500 square metres.Seller to be registered with the Town and Country Planning Department in areas where Town and Country Planning Department has not already issued NOC/approval for construction of building to the seller. Any citizen of India including an OCI and legal entity registered in India under any law for the time being in force. Recommendations of Deputy Commissioner.
(d) For construction of shop.Upto 300 square metres but not less than 150 square metres. Shall not become landless/ houseless.
(a) A person who on the commencement of this Act worked and continues to work for gain in an estate situated in H.P.
(b) A person working in the State for more than 30 years recommended by concerned local body Recommendations of Deputy Commissioner. For grant of permission.
(e) For industrial/ religious/ tourism/ apartment/ hydel project/BT/IT project, purpose Such area as may be certified by the Department concerned. Shall not become landless/ houseless. That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department. As per Performa for Essentiality Certificate and Check list Separately notified.
(f) For socially useful activities i.e. old age home, gausadan, health related activities, orphanages, education related or related to creation sports facilities, etc. Such area as may be certified by the department concerned. Shall not become landless/ houseless. That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department. As above
(g) Public use facilities normally undertaken for profit i.e. shopping malls, office complex, garage, cold storages, service stations, petrol pumps etc. and any other activity not covered above. Such area as may be certified by the Department under whose control the activity falls. Shall not become landless/ houseless. That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department. As above. Provided that the permission granted under this rule shall be valid for a period of one year from the date of issue of the orders of the State Government granting such permission: Provided further that the State Government may for reasons to be recorded in writing, extend the said period for further six months
APPLICATION FOR PERMISSION REQUIRED UNDER SUB RULE (1) OF RULES 38-
A OF THE HIMACHAL PRADESH TENANCY AND LAND REFORMS RULES, 1975.
………..
PART-I
1. Name of the applicant________________Son/Daughter/Wife/ of__________
resident of village_________________________ Tehsil_________________
District_________.
2. Permanent address
Village/Town_______________Tehsil______________ District____________
State_________________.
3. Present occupation and address__________________________________
4. Purpose for which the land is required__________________________-
5. Particulars of the land applied for:
i) District.
ii) Tehsil.
iii) Number of estate (Hadbast) with name of Estate.
iv) Khata/Khatoni/Khasra Numbers alongwith total No. of Kitas with area and classification of land.
6. Particulars of the land holder from whom land is intended to be transferred Name_________________________son/daughter/wife of_____________ resident of village________________ Tehsil________________________ District________________.
7. Whether the applicant applied previously for such permission if so, give the following particulars:-
(a) Date of application, if known.
(b) Whether permission granted or refused (the date of order the State Government.
(c) Particulars of land permitted to be transferred previously:-
i) District.
ii) Tehsil.
iii) Name of Estate with Hadbast number.
iv) Khasra number with area and classification.
8. Any other information which the applicant consider to be relevant.
I solemnly affirm and declare:-
That whatever has been stated above is true to the best of my knowledge and belief and that nothing has been concealed or suppressed.
Signature of the Applicant.
Address
Dated:
Remarks of the Collector.
Signature of the Collector
District______________
Dated_________________PART-II
(DOCUMENTS TO BE ENCLOSED WITH THE APPLICATION FOR PERMISSION)
(I) Latest copy of Jamabandi and tatima shajra.
(II) Copy of agreement entered into by the transferor and transferee.
(III) Affidavit of the transferor stating that he, after the proposed transfer, will not become landless, and if so he will not claim any benefit/land under any scheme prepared for the benefit of landless persons in the State.
(IV).- No objection of all the co-sharers/tenants of the land proposed to be transferred in case of a joint holding where a particular Khasra No. or part thereof is proposed to be transferred in the form of affidavit stating that he/she has no objection in case land is transferred to proposed transferee. This affidavit will not be required in any case of transfer of a share in an entire joint holding.
(V) In case of application under (b) (c) or (d) of sub-rule (3) of rule 38-A, proof of being an eligible applicant:-
(i) for 3 (b) 1. (a) & (b) and 3 (c).- Certificate may be issued by a NaibTehsildar/Tehsildar/SDM/ ADM/ADC/DC having jurisdiction over the area.
(ii) For 3 (b) 1.(c). In addition to (i) above, a Certificate from the department concerned.
(iii) For 3(b) 2. Attested copy of Award/certificate.
(iv) For 3 (b) 3. Recommendations of committee headed by the Principal Secretary (Revenue), Govt. of H.P. for which applicant has to apply to the Principal Secretary (Revenue), Govt. of H.P.
(v) In case of any other applicant, Essentiality Certificate from the concerned department.
(vi) In case of non-agriculturist seeking to sell any land or building purchased after obtaining permission under section 118, proof of utilization for the purpose for which permission was obtained from relevant department or local body concerned within the period allowed for utilization
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
CONTACT NOW
There is no other way than sought permission under section 118 of the HP land revenue act . You are required to move application through the local tehsil office who will farward it to the divisional commisioner and then to the secretary who will put your file on table of the cabinet. The other way is take land on lease and lease can be for 99 years.
Helpful?
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Adv. Anish Thakur
Mandi | 100+ Answers
CONTACT NOW
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