Purpose for which land is transferable under section 118(2)(h) for non-Himachali & non-agriculturist.

Where a non-agriculturist / non- Himachali 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.

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:-

1. For agriculture

Area –

An area not exceeding 4 acres only in rural area

Conditions on transferor(s) –

Shall  not become landless/houseless.

Eligibility of  transferee (s) –

That  the  person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department.

Other conditions –

As per proforma for Essentiality certificate and check list appended to these rules as Form LR-XV.

2. For building residential house

Area –

Upto 500 square meters

Conditions on transferor(s) –

Shall not become landless / houseless

Eligibility of  transferee (s) –

1 (a) A person who on the commencement of this Act worked and continues to work for gain in an estate situated in Himachal Pradesh.

(b) A person working in state for more than 30 years recommended by concerned local body for grant of permission.

(c) Permanent Government Employees (Both State and Central Government including autonomous bodies, corporation which are substantively financed by them )

2. Padma Award / gallantry Award Winners .

3. Other persons subject to the satisfaction of the Government regarding the necessity and desirability for such permission after careful evaluation of the merit of each case.

Other conditions –

Recommendations of deputy Commissioner.

3. Built up building with land appurtenant thereto for residential purpose.

Area –

Upto 500 square meters.

Conditions on transferor(s) –

In case transferor is an agriculturist , he / she shall  not become landless/houseless.

Eligibility of  transferee (s) –

As against Sr. No. 2

Other conditions –

Recommendations of deputy Commissioner.

4. Part of building for residential purpose.

Area –

Upto 500 square meters.

Conditions on transferor(s) –

In case transferor is an agriculturist , he / she shall  not become landless/houseless.

Eligibility of  transferee (s) –

Any citizen of India including an OCI ( Overseas Citizen of India ) and legal entity registered in India under any law for the time being in force.

Other conditions –

Recommendations of deputy Commissioner.

5. For construction of shop.

Area –

Upto 300 square meters.

Conditions on transferor(s) –

Shall  not become landless/houseless.

Eligibility of  transferee (s) –

(a) A person who on the commencement of this Act worked and continues to work for gain in an estate situated in Himachal Pradesh.

(b) A person working in the state for more than 30 years recommended by concerned local body for grant of permission.

Other conditions –

Recommendations of deputy Commissioner.

6. For industrial / religious / tourism /apartment / hydel project /BT/IT project , purpose.

Area –

Such area as may be certified by the Department concerned.

Conditions on transferor(s) –

Shall  not become landless/houseless.

Eligibility of  transferee (s) –

That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department.

Other conditions –

As per proforma for Essentiality Certificate and check list appended to these rules as Form LR-XV.

7. For socially useful activities i.e. old age home, gausadan, health related activities, orphanages, education related or related to creation of sports facilities, etc.

Area –

Such area as may be certified by the Department concerned.

Conditions on transferor(s) –

Shall  not become landless/houseless.

Eligibility of  transferee (s) –

That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department.

Other conditions –

As per proforma for Essentiality Certificate and check list appended to these rules as Form LR-XV.

8. Public use facilities normally undertaken for profit i.e. shopping malls, office complex , garage, cold storages, service stations, petrol pump etc. and any other activity not covered above.

Area –

Such area as may be certified by the Department concerned.

Conditions on transferor(s) –

Shall  not become landless/houseless.

Eligibility of  transferee (s) –

That the person is qualified to undertake such activity, to be certified by concerned department as per criteria laid down by that department.

Other conditions –

As per proforma for Essentiality Certificate and check list appended to these rules as Form LR-XV.