HP Cabinet divided over changing land Act for Radha Soami hospital

With the HP Cabinet divided on the contentious issue of amending the Land Ceiling Act, 1972, to facilitate the transfer of Radha Soami Satsang Beas (RSSB) hospital land at Bhota, Hamirpur, to its sister organisation, the matter has been put on hold.

Law Department terms Move illegal

“The (sect’s) pretext that transfer is being made to avoid tax liability is not only illegal but also immoral. The state government can never be party to such proposals of tax exemptions,” reads the opinion of the Law Department. The possession of the hospital had been given to the Maharaja Jagat Singh Medical Relief Society, which was a violation of both the Ceiling Act and the Tenancy Act, added the department.

Highly placed sources said though a proposal to give exemption to the religious organisation was placed before the Cabinet yesterday, some ministers expressed apprehensions about its legality and long-term implications. Following this, the Cabinet did not approve the changes to the Act. It is learnt that the Advocate General and the Secretary (Law) have been directed to take a relook into the issue.

Sources said with consensus eluding the ministers, the matter will be either soon placed before the Cabinet again or it will be approved through circulation to the Cabinet members, which is done occasionally. The state government is keen that the Bill to amend the Land Ceiling Act is tabled and passed during the winter session of the Vidhan Sabha commencing on December 18 to facilitate the transfer of hospital land from the RSSB to the Maharaja Jagat Singh Medical Relief Society (MJSMRS).

“Amending the Act to provide relief to one organisation merely to save Rs 2 crore is unusual. Even if this is done by the Cabinet, it will be violative of Section 118 of the Tenancy and Land Reform Act, 1972,” said the sources.

However, with Chief Minister Sukhvinder Singh Sukhu already making it clear that the amendment would be made, the matter is likely to be placed before the Cabinet in near future.

The RSSB, a religious charitable institution, is exempted under the Land Ceiling Act from holding excess land but as per the law it cannot transfer the land by way of sale, gift, will or mortgage.

Thus an amendment to the Act is mandatory to facilitate transfer of the hospital land.

Amending the Land Ceiling Act has remained a contentious issue in the hill state. Making an exception for the RSSB could open a pandora’s box as other organisations could seek similar relaxations. Sensing the sensitivity of the matter, successive regimes headed by PK Dhumal, Virbhadra Singh and Jai Ram Thakur had turned down similar pleas by the RSSB.

Leader of Opposition Jai Ram Thakur said making an amendment to the Land Ceiling Act for the RSSB was against the interest of Himachal and would defeat the purpose the legislation.