Himachal Pradesh Tractor Cultivation (Recovery of Charges) Act, 1973
(Act No. 16 of 1973)
Last Updated 6th June, 2020 [hp218]
LEGISLATIVE HISTORY 6
Preliminary1. Short title, extent and commencement. - (1) This Act may be called the Himachal Pradesh Tractor Cultivation (Recovery of Charges) Act, 1973. (2) It extends to the whole 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) "cultivator" means a person who actually cultivates the soil himself or through members of his household, or gets it cultivated by hired labour ;
(c) "prescribed" means prescribed by rules made under this Act ;
(d) "tractor" means a tractor owned by or worked under the control of the Department of Agriculture, Himachal Pradesh ;
(e) "tractor cultivation" includes any agricultural operation such as ploughing, harrowing, discing, sowing or harvesting which may be performed by tractors ;
(f) "tractor cultivation charges" means the charges recoverable on account of tractor cultivation.
Tractor Cultivation3. Application for tractor cultivation. - (1) Any cultivator may make an application in writing in prescribed form to the Director for having any agricultural operation performed by tractors on his land or any part of it. (2) Such application shall be accompanied by a deposit, made in the prescribed manner, of full tractor cultivation charges, according to the prescribed scale: Provided that in exceptional cases, Director may require only such part as he may specify of the full cultivation charges to be deposited with the application. 4. Procedure in dealing with applications. - (1) If the Director accepts an application made under section 3 he shall take all steps necessary in connection therewith. (2) In case such application is rejected, any deposit made with the application shall be refunded forthwith. 5. Notice of demand. - As soon as may be after the tractor cultivation has been completed, and the amount has fallen due, the Director shall, in respect of such cultivation serve on the cultivator a notice of demand specifying the amount due from him after taking into account the deposit, if any, made by him. 6. Period within which payment is to be made. - A cultivator, whose land has been brought under tractor cultivation on his application, shall within one month of the date of the receipt of notice of demand under section 5 pay in the prescribed manner the sums specified in such notice. 7. Recovery of outstanding dues as arrears of land revenue. - If any cultivator fails to make payment as specified in section 6, the sum due from him shall be recoverable as arrears of land revenue.
General8. Power to make rules. - (1) The State Government may from time to time by notification [make rules] for the purposes of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the fore going power, the State Government may make rules regulating or determining all or any of the following matters:-
(a) the mode of making a deposit under sub-section (2) of section 3;
(b) the scale of tractor cultivation charges ; and
(c) the manner of making payment under section 6.(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made,the rule, shall thereafter have effect only in such modified form 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. 9. Repeal and savings. - The East Punjab Tractor Cultivation (Recovery of Charges) Act, 1949 (11 of 1949), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966), is hereby repealed: Provided that anything done or any action taken under the said Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.