Himachal Amends Stringent Land Ceiling Act

Overriding reservations expressed by a minister and some legislators, the Himachal Pradesh Assembly on Friday (20.12.2024) passed the Himachal Pradesh Ceiling on Land Holdings (Amendment) Bill, 2024.

The contentious amendment was introduced to facilitate a transfer of land held by Radha Soami Satsang Beas (popularly known as Dera Beas), which exceeds the permissible limits under the Himachal Pradesh Ceiling on Land Holdings Act, 1972 to a sister organisation.

The Dera Beas for about three decades has been repeatedly requesting the state government to allow transfer of approximately 30 acres of land on which it operates the Bhota Charitable Hospital to Jagat Singh Medical Relief Society, a sister organisation for better management of medical services.

The original Act, specifically Section 5, prohibits the transfer of land or structures that the government intends to allow after passing of this amendment.

The amendment also includes provisions allowing the state government to grant permission for similar land transfers under specific conditions.

Jai Ram Thakur & BJP members raise concern

Where the amendment was passed by the assembly, some BJP members expressed concerns over the process and the specifics of the law being amended .

Randhir Sharma, MLA from Naina Devi, noted that although the hospital’s work was noteworthy, the amendment was being rushed through without a Cabinet consensus. Asking that the bill be deliberated further deliberation, he pointed out that the law had broader implications, including land related to the erstwhile royal families of Himachal Pradesh, which required a more thorough examination.

Leader of the Opposition Jai Ram Thakur also voiced concerns, recalling that earlier Congress and BJP governments, including his own, had avoided amending the law due to its complex and broad nature.

He argued that while Radha Soami Satsang Beas had contributed significantly, especially during the COVID-19 pandemic, the land donations to the institution needed to be carefully reviewed to prevent any legal and administrative loopholes.

Chander Kumar, the Agriculture Minister, raised alarm over the potential misuse of land transactions. He pointed out that since the enactment of the Land Ceiling Act in 1972, large landowners could only retain limited amounts of land, and excess land was transferred to the government. He also warned against the issue of benami land registrations, where people from other states could circumvent the law.

Chief minister Sukhvinder Singh Sukhu defending the Himachal Pradesh Ceiling on Land Holdings (Amendment) Bill, 2024 in the state assembly on Friday (20.12.2024)
Government’s Position

Revenue Minister Jagat Singh Negi responded by stating that similar exemptions had been granted in the past under different administrations, including the PK Dhumal government, which issued exemptions through notifications rather than formal amendments.

Chief Minister Sukhvinder Singh Sukhu defended the amendment, highlighting that the government’s intention was to support public welfare initiatives, such as hospitals, rather than benefiting industrialists.
He pointed out that while some BJP MLAs were sitting on a dharna in support of Radha Soami Satsang Beas, the opposition was resisting the amendment.

Sukhu criticized the BJP’s past record, referencing instances where land had been leased to industrialists in Baddi at nominal rates, and emphasized that the current amendment was specifically aimed at supporting a charitable institution.

Despite the objections raised, the state assembly passed Himachal Pradesh Ceiling on Land Holdings (Amendment) Bill, 2024.

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