The Himachal Pradesh Cancellation of Remission of Assignment of Land Revenue Rules, 1966
(a) "Act" means the Himachal Pradesh Land Revenue Act, 1954 (Act No. 6 of 1954).
(b) "Financial Commissioner" means the persons 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 8 of the Act
(d) "Section" means a Section of the Act.
(e) "Muafi" means remission of land-revenue to the land-owner, that is to say, the term "Muafi" implies that the holder of the land is executed from paying the Government land revenue and usually he is a person who owns the land but is exempted from payment of land revenue of the grant of land has been made revenue free.
(f) "Jagir" means as assignment of land revenue which is collected and paid to the Jagirdar. The 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;
(i)(1) Perpetual (2) Life time (3) For a number of generations (4) Title and currency of settlement (5) Religious grants in favour of Dieties (6) Jagirs granted by the Ex-rulers to their family member from a common ancestor or to their relatives (7) muatis/jagirs granted to the military personnel for their services in the Army (8) Charitable grants for the maintenance of garden or "Sarai" (9) Muafis and Jagirs sanctioned in lieu of meritorious services (10) service items.
(ii) Petty assignment of land-revenue conferred on wastage officials like Batwala'.5. Basic principles for the resumption of muafis and Jagiris. - 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 in perpetuity are to be considered in the light, firstly, of the fact that as it will known perpetuity had title or its true meaning in practice during the previous regime not with standing that sanads or other paper said, the tenure of every so-called perpetual grant being tacitly subject renewal at the will of every new ruler and secondly, of 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 today may be resumed forthwith.
(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 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 trustee of the property of the temples.
(h) Jagirs granted by the ex-rulers to their family members may be allowed to continue till life time of the present assignees. Muajis granted to those persons who volunteered then services for the Indian Army at the time of national crisis e.g., during external aggression of 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 the 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 revised by the Government after the death of the present inamdar.
(k) "where right, title and interest in the land under section 11,14 and 27(4) have been acquired by a tenant or vested in the State Government under section 15 of 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 the right, title and interest of the land-owner is extinguished".6. Duties of Collector in connection with assignments. - 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 grant are substantially fulfilled by the assignee;
(3) the proceedings preliminary to orders creating or resuming assignments of land-revenue, or continuing them to successors or transferees, should all cases be submitted after the usual recital of the substance with the recommendation of the Collector along with the recommendation of the Commissioner if any to the Financial Commissioner for orders of the State Government.7. Procedure. - 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 died 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 of continuance of the maufi 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.