These rules may be called the
Himachal Pradesh Cancellation of Remission or Assignment of Land Revenue Rules,
1966. They shall come into force at
once. In these rules, unless there is
anything repugnant in the subject or context, - (a)
"Act" means the Himachal Pradesh Land Revenue Act, 1954
(Act No. 6 of 1954. (b)
"Financial Commissioner" means the person appointed as
such by the State Government under Section 8 of the Act. (c)
"Deputy Commissioner" means the person appointed as such
by the State Government under Section 9 of the Act. (d)
"Section" means a section of the Act. (e)
"Muafi" means a remission of land revenue to the
landowner, that is to say, the term "maufi" implies that the holder
of the land is excused from paying the Government land revenue and usually he
is a person who owns the land but is exempted from payment of land revenue or
the grant of land has been made revenue fee. (f)
"Jagir" means an assignment of land revenue which is
collected and paid to the Jagirdar. He Jagirdar may subsequently acquire the
property and if he does, the grant technically becomes a muafi, though it
always continues to be shown as jagir. The following categories of
muafis and jagirs exist in Himachal Pradesh. (a)
(1) Perpetual, (2) Life time, (3) For a number of generations, (4)
Till the currency of settlement, (5) Religious grants in favour of Deities, (6)
Jagirs granted by the ex-rulers to their family members from a common ancestor
or to their relatives, (7) Muafis/Jagirs granted to the military personnel for
their service in the army, (8) Charitable grants for the maintenance of garden or
"Sarai", (9) Muafis and Jagirs sanctioned in lieu of meritorious
service, (10) Service inams. (b)
Petty assignment of land revenue conferred on village officials
like "Batwals". Notwithstanding anything
contained in any Patta or Sanad of grant or the terms and conditions of a grant
made before the Act came into force, the State Government shall have the power
to cancel such grant/grants in the light of the following guiding principles. (a)
In the case of grants for service, the primary test is whether the
grantee is and will be in fact any longer rendering any service to the public
or the State (as distinct from service to the ruler.) (b)
In respect of charitable grants, the criteria is whether the grant
is, and will be, still in public interest. (c)
Grants purporting to be inperpetuity are to be considered in the
light, firstly, of the fact that, as is well known perpetuity had little of its
true meaning in practice during the previous regime not withstanding what
sanads or other papers said, the tenure of every so-called perpetual grant
being tacitly subject to renewal at the will of every new ruler and secondly,
on the consideration that modern trends are not much in favour of perpetual
grants of public revenue. (d)
In deserving cases some leniency may be shown as a matter of
grace. (e)
All such muafis and jagirs which are not in public interest and
conditions whereof have become redundant in the changed circumstances of to-day
may be resumed forth with. (f)
In most deserving cases, the jagirs/muafis may be allowed till
life time of the present assignees, but it should be in very rare cases and the
Deputy Commissioners should send their recommendations in this behalf. (g)
Muafis and jagirs assigned in favour of Deities and temples should
be allowed to continue on the following terms:- (i)
the existence of the temple in good condition and its proper
management; (ii)
the existence of adequate number of the followers of the God and
Goddess; (iii)
the servants of the God or Goddess should bear good moral
character and should be loyal to the Government; (iv)
the muafi lands should not be alienated without prior approval of
the Government; (v)
the servants of God or Goddess would be trustees of the property
of the temples. (h)
Jagirs granted by the ex-Rulers to their family member may be
allowed to continue till life time of the present assignees. Muafis granted to
those persons who volunteered their service for the Indian Army at the time of
national crises, e.g., during external aggression or internal commotion should
be allowed to continue till life time of the present assignees. Muafis will be
resumed if - (1)
the muafidar is declared deserter from the Army, or (2)
the muafidar is punished by court martial, Civil courts for
anti-national activities. (i)
Muafis granted for the maintenance of garden or 'Sarai' and for
good conduct, loyalty and obedience of the muafidar may be allowed to continue
as the same are for common good of the people. (j)
Muafis granted as inam lands may be allowed to continue on the
conditions that the inamdar should bear good moral character and be loyal to
the Government. The inamdar cannot alienate the inam without prior approval of
the Government. Resumption or further continuance of the assignments will be
reviewed by the Government after the death of the present inamdar. (k)
"Where right, title and interest in the land under Sections
11, 14 and 27(4) have been acquired by a tenant or vested in the State
Government under Section 15 or 27(1), (3) of the Himachal Pradesh Abolition of
Big Landed Estates and Land Reforms Act, 1953, the muafi of the land revenue
attached to such land shall automatically stand resumed with effect from the
date of right, title and interest of the landowner is extinguished." The main duties of Collector of
the district in connection with revenue free grants are as under. (1)
as regards term expired grants to see that lapses are enforced
without delay, or a recommendation made for a reconsideration of the original order
should resumption appear undesirable; (2)
as regards other assignments :- (a)
on the death of the existing holder to enquire promptly about the
succession; (b)
to satisfy himself that the conditions of the grants are
substantially fulfiled by the assignee; (3)
the proceeding preliminary to orders creating or resuming
assignments of land revenue, or continuing them to successors or transferees
should in all cases be submitted after the usual recital of the substance with
the recommendation of the Collector alongwith the recommendation of the
Commissioner if any to the Financial Commissioner for orders of the State
Government. On the death of muafidar or on
the lapse of terms of a muafi, it is the duty of the Patwari of the area in
which the muafidar has dies or term of muafi expired to report the facts to his
immediate superior, i.e. Tehsildar who will make necessary enquiries in the
matter and submit his report to the Collector of the district. The Collector of
the district after examination of the case shall refer the matter to the State
Government with his recommendations for cancellation or for continuance of the
muafi/jagir in question. The State Government will pass necessary orders with
regard to resumption or continuance of the muafi. The entries as to
cancellation of remissions or assignment of land revenue will be affected in
accordance with the procedure laid down in para 7.28 of the Himachal Pradesh
Land Records Manual.HIMACHAL
PRADESH CANCELLATION OF REMISSION OR ASSIGNMENT OF LAND REVENUE RULES, 1966