Himachal Pradesh Cancellation of Remission or Assignment of Land Revenue Rules, 1966

1. Title and commencement.--

These rules may be called the Himachal Pradesh Cancellation of Remission or Assignment of Land Revenue Rules, 1966.

2.

They shall come into force at once.

3. Definition.--

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.

4. Categories of muafis and jagirs.--

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.

(ii) Petty assignment of land revenue conferred on village officials like "Batwals".

5. Basic principles for the resumption of muafis and jagirs.--

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...

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