Bare Acts Live

Central Acts and Rules Amended and Updated
  • Home
  • Central Acts
  • State Acts
    Delhi Local Acts Andhra Pradesh Local Acts Uttar Pradesh Local Acts West Bengal Local Acts Rajasthan Local Acts Jammu and Kashmir Local Acts Himachal Pradesh Local Acts Haryana Local Acts Punjab Local Acts Maharashtra Local Acts Kerala Local Acts Tamil Nadu Local Acts Goa Local Acts Bihar Local Acts Uttranchal Local Acts Jharkhand Local Acts Chhatisgarh Local Acts Madhya Pradesh Local Acts Assam & North East Local Acts Orissa Local Acts Gujarat Local Acts Telangana Local Acts Chandigarh Local Acts Karnataka Local Acts
  • Law Commission Reports
  • International Treaties
  • Join Law Finder

      • 1. Title and commencement.
      • 2.
      • 3. Definitions.
      • 4. Categories of muafis and jagirs.
      • 5. Basic principles for the resumption of muafis and Jagiris.
      • 6. Duties of Collector in connection with assignments.
      • 7. Procedure.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Issue of Kisan Pass Book.
      • 4. Contents of Kisan Pass Book.
      • 5. To make the pass book up-to-date.
      • 6. Cost of Kisan Pass Book.
      • 7. Periodicity of Kisan Pass Book.
      • 8. Account of Pass Book.
      • 1.
      • 2.
      • 3.
      • 4.
      • 5.
      • 6.
      • 7.
      • 8.
      • 9.
      • 10. Repeal and Savings.
      • 1. Short title and commencement.
      • 2. Definition.
      • 3. Unit of assessment.
      • 4. Classification of Land.
      • 5. The basis of net assets.
      • 6. Adjustment to be made.
      • 7. Conversion of estimates from produce to money value and prices to be adopted in the process.
      • 8. Estimates of net assets based on cash rents.
      • 9. Abnormal rents.
      • 10. Estimates of net assets.
      • 11. Miscellaneous in come.
      • 12. Estimates of true net assets.
      • 13. Forecast report.
      • 14. Publication of proposals.
      • 15. Inspection of estates.
      • 16. Draft assessment report.
      • 17. Abstract of assessment report to be published.
      • 18. Final report.
      • 19. Approval of the State Government.
      • 20. Assessment of particular estates.
      • 21. Progressive assessments.
      • 22. Distribution of assessment over holdings.
      • 23. Exemption of land benefited by improvement from enhancement.
      • 24. Remission of revenue when wells fall out of use.
      • 25. Period of exemption for wells to be fixed at settlement.
      • 26. Grant of exemption certificates at settlement.
      • 27. Grant of certificate at other times.
      • 28. Exemption of reclaimed waste lands.
      • 29. Order of assessment for each estate.
      • 30. Announcement of assessment.
      • 31. Calculation of incidence.
      • 32. Repeal and Savings.
      • 1. Short title.
      • 2. Definitions.
      • 3. Unit of assessment.
      • 4. Division of sites into categories Section 4(12-A).
      • 5. Categories of sites to be grouped into classes Section 4(12-A)
      • 6. Net letting value to be calculated on the basis of selected representative sites Section 4(12-A).
      • 7. Factors to be considered in calculating net letting value Section 4(12 A).
      • 8. Furnishing of information Section 4(12-A)
      • 9. Calculation of net letting value Section 4(12-A)
      • 10. Determination of average market value of sites (Section 50(b) (ii)
      • 11. Scale of special assessment (Section 50).
      • 12. Area to be assessed.
      • 13. Inspection of certain estates.
      • 14. Preparation of special assessment reports Section 64(b).
      • 15. Abstract of assessment report to be published after its preliminary approval by Financial Commissioner.
      • 16. Devisation allows.
      • 17. Distribution of special assessment over holdings.
      • 18. Formal announcement of special assessment.
      • 19. Duration of special assessment.
      • 20. Power of Settlement Officer to incorporate additional necessary information in the prescribed forms.
      • 21. Area to be measured in case of doubt Section 64(b).
      • 22. Scales of special assessment to be applied to new land put to non-agricultural use during the currency of the special assessment Section 64(b).
      • 1. Title, extent and commencement.
      • 2. Repeal.
      • 3. Savings.
      • 4. Definitions.
      • 5. Exclusion of certain land from operation of Act.
      • 6. Power to vary limits and alter number of tehsils, sub-tehsils, districts and divisions.
      • 7. Classes of Revenue Officers.
      • 8. Financial Commissioner.
      • 9. Appointment of Commissioners, Deputy Commissioners, Assistant Commissioners and Extra-Assistant Commissioners.
      • 10. Appointment of Tehsildars and Naib-Tehsildars.
      • 11. Powers of Revenue Officers.
      • 12. Superintendence and control of Revenue Officers.
      • 13. Powers to distribute business and withdraw and transfer cases.
      • 14. Appeals.
      • 15. Limitation for Appeals.
      • 16. Review by Revenue Officers.
      • 17. Power to call for, examine and revise proceedings of Revenue Officers.
      • 18. Power to make rules as to procedure
      • 19. Persons by whom appearances and applications may be made before and to Revenue Officers.
      • 20. Power of Revenue Officer to summon persons.
      • 21. Mode of service of summons.
      • 22. Mode of service of notice, order or proclamation, or copy thereof.
      • 23. Mode of making proclamation.
      • 24. Place of sitting.
      • 25. Holidays.
      • 26. Discharge of duties of Collector dying or being disabled.
      • 27. Retention of powers by Revenue Officers on transfer.
      • 28. Conferment of powers to Revenue Officer.
      • 29. Rules respecting kanungos and village officers.
      • 30. Village officer's cess.
      • 31. Restriction on attachment or assignment of remuneration of kanungos and village officers.
      • 32. Record-of-rights and documents included therein.
      • 33. Making of special revision of record-of-rights.
      • 34. Periodical record.
      • 35. Making of that part of the periodical record which relates to land-owners, etc. assignees of revenue and occupancy tenants.
      • 36. Making of that part of the periodical record which relates to other persons.
      • 37. Determination of disputes.
      • 38. Restrictions on variations of entries in records.
      • 39. Mutation fees.
      • 40. Penalty for neglect to report acquisition of any right referred to in section 35.
      • 41. Obligation to furnish information necessary for the preparation of record.
      • 42. Right of the Government in mines and minerals.
      • 43. Presumption as to ownership of forests, quarries and waste lands.
      • 44. Compensation for infringement of rights of third parties in exercise of right of the Government
      • 45. Presumption in favour of entries in records-of-rights and periodical records.
      • 46. Suit for declaratory decree by persons aggrieved by an entry in a record.
      • 47. Powers to make rules respecting records and other matters connected therewith.
      • 48. Record-of-rights and periodical records for groups of estates.
      • 49. Assessment of land revenue.
      • 50. Basis of assessment.
      • 51. Limit of assessment.
      • 52. Notification of intended re-assessment and instructions as to principles of assessment
      • 53. Mode of determining assessment.
      • 54. Announcement of assessment
      • 55. Application for reconsideration-of assessment
      • 56. Confirmation and duration of assessment.
      • 57. Duration of assessment
      • 58. Assessment to remain till new assessment takes effect.
      • 59. Refusal to be liable for assessment of an estate and consequences thereof.
      • 60. Distribution of the assessment of an estate over the holdings comprised therein.
      • 61. Application for amendment of the distribution of an assessment.
      • 62. Appeals from orders under sections 55 and 61.
      • 63. Special assessment.
      • 64. Power to make rules.
      • 65. Procedure to be followed in making rules.
      • 66. Rules and executive instructions issued before commencement of this Act, to be followed for the purpose of assessment operations begun before issue of rules made under the provisions of section 65.
      • 67. Power to issue instructions.
      • 68. Security for payment of land revenue.
      • 69. Further security for payment of land-revenue.
      • 70. Orders to regulate payment of land-revenue.
      • 71. Rules to regulate collection, remission and suspension of land-revenue.
      • 72. Cost recoverable as part of arrear.
      • 73. Certified account to be evidence as to arrear.
      • 74. Process for recovery of arrears.
      • 75. Writ of demand.
      • 75A. Arrest and detention of defaulters.
      • 76. Distress and sale of movable property and crops.
      • 77. Transfer of holding.
      • 78. Attachment of estate or holding.
      • 79. Annulment of assessment,of estate or holding.
      • 80. Proclamation of attachment or annulment of assessment and consequence of the proclamation.
      • 81. Sale of estate or holding.
      • 82. Effects of sale on encumbrances.
      • 83. Proceedings against other immovable property of defaulter.
      • 84. Remedies open to person denying his liability for an arrear.
      • 85. Proclamation sale.
      • 86. Indemnity to Revenue Officer with respect to contents of proclamation.
      • 87. Publication of proclamation.
      • 88. Time and conduct of the sale.
      • 89. Power to postpone sale.
      • 90. Stay of sale.
      • 91. Payment of deposit by highest bidder.
      • 92. Consequences of failure to pay deposit.
      • 93. Time for payment in full.
      • 94. Procedure in default of payment.
      • 95. Report of sale to Commissioner or Financial Commissioner
      • 96. Application to set aside sale.
      • 97. Order confirming or setting aside sale.
      • 98. Refund of purchase money on setting aside of sale.
      • 99. Proclamation after postponement or on resale.
      • 100. On confirmation of sale, possession and certificate to be granted to purchaser.
      • 101. Proceeds of sale.
      • 102. Recovery of certain arrears through Revenue Officer instead of by suit.
      • 103. Other sums recoverable as arrears of land revenue.
      • 104. Recovery of arrears due from co-sharers paid by Nambardar.
      • 105. Application of Chapter VI to sums recoverable under this Chapter.
      • 106. Power of Financial Commissioner to make rules for demarcation of boundaries and erection of survey marks.
      • 107. Power of Revenue Officers to define boundaries.
      • 108. Power to fix boundary between riverain estates.
      • 109. Effect of fixing a boundary between riverain estates.
      • 110. Application for immediate transfer of rights reserved under the proviso to sub-section (1) of section 109 upon payment of compensation and procedure thereupon. Award of compensation and extinguishment of rights thereby.
      • 111. Order under the proviso to sub-section (1) of section 109 to cease to apply to rights voluntarily transferred to a land-owner of the estate to which the land is transferred by fixing boundary.
      • 112. Rights transferred to be liable to all the incident of tenure of the estate to which the transfer is made.
      • 113. Meaning of the expression "Collector" in sections 108 to 110.
      • 114. Cost of erection and repair of survey-marks.
      • 115. Recovery of cost incurred by the Government.
      • 116. Power of Revenue Officers to enter on land for purpose of survey and demarcation.
      • 117. Surveys for purpose of preparation of records.
      • 118. Provision of flag-holders and chain-men for those surveys.
      • 119. Professional surveys.
      • 120. Penalty for destruction, injury or removal of survey-marks
      • 121. Report of destruction or removal of or injury to survey-marks.
      • 122. Effect of partitions of estates and tenancies on joint liability for revenue and rent.
      • 123. Application for partition.
      • 124. Restrictions and limitations on partition.
      • 125. Notice of application for partition.
      • 126. Addition of parties to application.
      • 127. Absolute disallowance of partition.
      • 128. Procedure on admission of application.
      • 129. Disposal of questions as to title in property to be divided.
      • 130. Disposal of other questions.
      • 131. Administration of property excluded from partition.
      • 132. Distribution of revenue and rent after partition.
      • 133. Instrument of partition.
      • 134. Delivery of possession of property allotted on partition.
      • 135. Affirmation of partition privately affected.
      • 136. Estimates and levy of costs.
      • 137. Re-distribution of land according to customs.
      • 138. Officers who may be empowered to act under this Chapter.
      • 139. Power to refer to arbitration.
      • 140. Order of reference and contents thereof.
      • 141. Nomination of arbitrators.
      • 142. Substitution of arbitrators by parties.
      • 143. Nomination and substitution of arbitrators by Revenue Officers.
      • 144. Process for appearance before arbitrators.
      • 145. Award of arbitrators and presentation thereof.
      • 146. Procedure on presentation of award.
      • 147. Effect of award.
      • 148. Power to invest officers making records-of-rights or general re assessments with powers of Civil Courts.
      • 149. Control over such officers and appeals from and revision of their decree and orders.
      • 150. Power to deposit certain sums other than rent.
      • 151. Procedure in case of deposit on account of a payment due to Government.
      • 152. Procedure in case of other deposits.
      • 153. Orders of Civil and Criminal Courts for execution of processes against land or the produce thereof to be addressed to Revenue Officer.
      • 154. Attachment of assigned land-revenue.
      • 155. Preservation of attached produce.
      • 156. Division of produce.
      • 157. Village cesses.
      • 158. Superior land owners dues.
      • 159. Substitution of service for payment of land revenue.
      • 160. Recovery of cost of assessing assigned land-revenue.
      • 161. Power to cancel the remission or assignment of land-revenue.
      • 162. Penalty for failure to attend within limits of estate in obedience to order of Revenue Officers.
      • 163. Prevention of encroachment on lands.
      • 164. Papers kept by village officers to be deemed public documents.
      • 165. Costs.
      • 166. Computation of periods limited for appeals and application for review.
      • 167. Restriction on Revenue Officer's bidding at auction or trading.
      • 168. Power to make rules.
      • 169. Rules to be made after previous publication.
      • 170. Powers exercisable by the Financial Commissioner from time to time.
      • 171. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue Officers.
      • 1.
      • 2.
      • 3-13.
      • 14.
      • 15.
      • 16.
      • 17.
      • 18.
      • 19.
      • 19A.
      • 19B.
      • 20.
      • 21.
      • 22.
      • 23.
      • 24.
      • 25.
      • 26.
      • 27.
      • 28.
      • 29.
      • 30.
      • 30A.
      • 30B.
      • 30C.
      • 30D.
      • 31.
      • 32.
      • 33.
      • 34.
      • 35.
      • 36.
      • 37.
      • 38.
      • 39.
      • 40.
      • 41.
      • 42.
      • 43.
      • 44.
      • 45.
      • 46.
      • 47.
      • 48.
      • 49.
      • 50.
      • 51.
      • 52.
      • 53.
      • 54.
      • 55.
      • 56.
      • 57.
      • 58.
      • 59.
      • 60.
      • 61.
      • 62.
      • 63.
      • 64.
      • 65.
      • 66.
      • 67.
      • 68.
      • 69.
      • 70.
      • 71 and 71A.
      • 72.
      • 72A.
      • 72B.
      • 73.
      • 74.
      • 75.
      • 76.
      • 77.
      • 1. Notice of Resumption of lease on cessation of inability or disability.
      • 2. Ejectment of Tenants failing to satisfy decrees for arrears of rent.
      • 3.
      • 4. Establishment of right of occupancy.
      • 5. Suits for and to contest ejectment.
      • 6. Summary of the provisions of the H.P. Tenancy and Land Reforms Act, 1972 relating to ejectment of tenants.
      • 7. The question of compensation must be decided in all ejectment and enhancement of rent suits.
      • 8. Decree not to be executed till compensation has been paid.
      • 9. Compensation for disturbance.
      • 10. Scale of compensation for disturbance.
      • 11.
      • 12. Tabular statement to be given in judgment.
      • 13. Responsibility of first Court of Appeal.
      • 1. Revenue Officer.
      • 2. Revenue Court.
      • 3. Revenue Officers and Revenue Court distinguished.
      • 4.
      • 5. Procedure of Revenue Courts.
      • 6. Time & hour of presentation.
      • 7. How filed.
      • 8. Preliminary Examination.
      • 9. Responsibility regarding Court-Fee, Stamps.
      • 10.
      • 11. Examination of plaint.
      • 12. Rules of pleading noticed.
      • 13. Joinder of parties and causes of action.
      • 14. Scrutiny of plaint relating to Agricultural land and when plaintiff is illiterate.
      • 15. Court to determine the form of summons.
      • 16. Summons to the defendant.
      • 17.
      • 18. Service by post to be the general rule.
      • 19. Service in foreign territories where no special arrangements exist.
      • 20. Cases in which Military Officer or Soldiers are concerned.
      • 21. Defendants to present a written statement.
      • 22. Written statement be accompanied by documents relied upon.
      • 23. Plaintiff may also be called upon to file a written statement.
      • 24. Each defendant as a rule file separate written statement.
      • 25. Set Off.
      • 26. General and special rules as to written statements.
      • 27. Necessity of framing correct issues.
      • 29. Main foundations for the issues.
      • 30. Procedure in framing issues.
      • 31.
      • 32.
      • 33. Amendment of pleadings.
      • 34. "Discovery" inspection and "Admission".
      • 35.
      • 36. Burden of proof.
      • 37. Main provisions with regard to the production of documents.
      • 38. List of documents.
      • 39.
      • 40. Documents produced at a later stage.
      • 41. Documents with suspicious appearance or executed on unstamped or insufficiently stamped papers.
      • 42. Distinctions between mere productions admission in evidence.
      • 43. Exhibition of documents.
      • 44. Documents how to be dealt with at the trial.
      • 45. Documents admitted by the opposite party to be endorsed and numbered.
      • 46. Inconvenience caused by neglect of foregoing direction.
      • 47. Objection as to the admissibility of relevancy of the documents.
      • 48. Mode of proof of documents.
      • 49. Examination of witnesses identifying documents.
      • 50. Signature by the pen of another.
      • 51. Proof of registered documents.
      • 52. Certified extracts from settlement records bearing on the case should be placed on record.
      • 53. Revision of Record before judgment.
      • 54. Return of documents.
      • 55. Requisitions of appellate Courts to be sent to Deputy Commissioner.
      • 56. Production of records in appellate Courts.
      • 57. Duty of Court in such matters.
      • 58. Duties of appellate courts in calling for revenue record.
      • 59. Inconveniences resulting from.
      • 60. Deputy Commissioners to bring to the notice of the Financial Commissioner the case of any officer who systematically fails to comply with the orders on the subject.
      • 61. Patwaris not to be unnecessarily summoned.
      • 62. Patwaris not to be summoned during girdawari time.
      • 63. Patwaris to be summoned through the Tehsildar, courts to furnish Patwaris with certificates showing attendance.
      • 64. During Settlement Patwaris to be examined by Commission.
      • 65.
      • 66. Expenses of Commissioners.
      • 67. Issue of Commission to Revenue Officials.
      • 68. Issue of Commissions for local investigation etc.
      • 69. Duties of Commissioners so appointed.
      • 70. Selection of Commissioners.
      • 71. As above.
      • 72. Letters of request to a foreign country.
      • 73.
      • 74. Notice of day of trial and adjournment.
      • 75. Adjournments on payment of costs.
      • 76. Witnesses should be examined on the day on which they attend.
      • 77. Court to note when each party has closed his case.
      • 78. Examination of witnesses how to be conducted.
      • 79. Cross-examination.
      • 80. Question by the court.
      • 81. General instructions as to the judgment.
      • 82. Evidence and final order to be recorded legibly.
      • 83. Judgments must be written and announced within 14 days from the date on which arguments are heard.
      • 84. Decree.
      • 85. Standard forms of decree prescribed in certain cases.
      • 86. Powers of the Court to be disclosed.
      • 87. Preparation of decree.
      • 88. Decree based on compromise.
      • 89. General.
      • 90. Copy of decree to be filed.
      • 91. Vernacular copies of English order not Required.
      • 92. Terms 'Appellant' and 'Respondent' not to be used.
      • 93. Appellate files transmitted in vernacular.
      • 94.
      • 95. Death, marriage or insolvency of parties.
      • 96. Rent suits.
      • 97. Tenure to be accurately described.
      • 98. Surveys and boundaries.
      • 99. References to High Court under section 81.
      • 100. Court hours holidays and cause lists.
      • 101. Petition Paper.
      • 102. Preparation of Records, size and quality of paper.
      • 103.
      • 1. Importance of inspections.
      • 2. Minute book of inspection.
      • 3. No. of inspections.
      • 4. Control of Commissioner over the inspecting officers in his division.
      • 5.
      • 6. Submission of copies of inspection notes to the Commissioner and Financial Commissioner.
      • 7.
      • 8. Destruction of inspection note.
      • 9. Distribution of work in tehsil office.
      • 10. Matters requiring attention at the time of inspection.
      • 11. Cases relating to Lambardars. - Register I (for Lambardars).
      • 12. Partition cases. - Register IX (page 3 Standing Order Mo. 14).
      • 13. Coercive processes (Standing Order No. 8).
      • 14. Registers for miscellaneous revenue work.
      • 15.
      • 16. Maintenance of Reference Books and Circulars.
      • 17.
      • 18. Suspensions and remissions.
      • 19. Land Revenue Accounts.
      • 20.
      • 21.
      • 22. Day Book (Tehsil Register).
      • 23. (a) Temporary excluded from rent roll.
      • 24. Other land revenue.
      • 25. The Khataunis.
      • 26.
      • 27.
      • 28.
      • 29.
      • 30.
      • 31.
      • 1.
      • 1. Quarterly business returns.
      • 2. Explanatory remarks.
      • 3. Procedure in District not under Settlement in regard to statement Nos. I to IV and in Districts under Settlement in regards to Statement Nos. I to III.
      • 4. Procedure in Districts under Settlement as regards statements IV and V.
      • 5.
      • 6.
      • 7. Return of Kanungos and other candidates under training.
      • 8. Revenue work of the District Sub-Divisional Col lectors.
      • 9. Revenue appellate work of Divisional Commissioner.
      • 1. Collection of Land Revenue.
      • 2. No fees on applications for processes by village officers.
      • 3. Recovery of dues of various departments of Government
      • 4. Issue of writs of demand under Section 15 of the H.P. Land Revenue Act.
      • 5. Period within which to be returned.
      • 6. Rate of Talband.
      • 7. Recovery of arrears.
      • 8. Talbana fee when process is issued on application of village headman.
      • 9. Punctual payments Instructions to tehsildars.
      • 10. Processes for collection of land revenue.
      • 11. Defaulters and Lambardars must pay in person.
      • 12. Register for issue of writs and warrants.
      • 13. Maintenance of Stock Register.
      • 14.
      • 15. Receipts how budgetted.
      • 16. Talbana how credited.
      • 17.
      • 18. Committal of defaulter to jail.
      • 19. Maintenance of defaulter arrested and retained.
      • 20.
      • 21.
      • 22. Report of transfer.
      • 23. Account to be kept by the Collector or agent managing land attached U/S 78 or 83 of H.P. Land Revenue Act.
      • 24.
      • 25. Application for leave to manage direct.
      • 26. Application for authority to farm.
      • 27. Security to be demanded from farmer U/S (79) of the H.P. Land Revenue Act.
      • 28. Right of survivorship when farm is held by several persons.
      • 29. Persons disqualified from being farmer or surety.
      • 30. Terms of Farmers engagement.
      • 31. Course to be followed when farm comes to an end before expiration of its term.
      • 32. Application for sale.
      • 33. Proposals for sale.
      • 34.

The Himachal Pradesh Land Revenue (General)Assessment Rules, 1984

Published vide Notification R.H.P. Extra ordinary dated 3.1.85 vide Revenue Department notification No. Revenue 2 A(3)-5/79 dated 16.4.1985

HP018

Chapter I

1. Short title and commencement. - (1) These rules may be called the Himachal Pradesh Land Revenue (General) Assessment Rules, 1984.

(2) These shall come into force at once.

2. Definition. - In these rules, unless the context otherwise requires:-

(a) "Act" means the Himachal Pradesh Land Revenue Act, 1954 (Act No 6 of 1954):

(b) "to cultivate personally" has the meaning assigned to it in the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Act No. 8 of 1974);

(c) "estate" or "estates concerned" means an "estate" or "group of estates" as defined in the Act, and proposed to be subjected to general assessment under the Act;

(d) "Revenue Officer" for the purposes of these Rules means a Revenue Officer authorised by the State Government for making assessment under sub-section (1) of section 53;

(e) "section" means a section of Act;

(f) "tenant" means a tenant as defined in the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974) and includes a person having any temporary interest in the land of the landowner by way of a verbal or written lease or contract; and

(g) all other words and expressions used in these rules but not defined herein, shall have the meanings respectively assigned to them in the Act.

Chapter II

Unit of Assessment and Manner of Preparation of Estimates of Money Value of Net Assets

3. Unit of assessment. - The Revenue Officer shall, as soon as may be after a notification under sub-section (2) of section 52 is issued, divide the area for which new rates are proposed to be framed, into assessment circles, which shall be the unit of assessment for the purposes of these rules.

4. Classification of Land. - (1) The Revenue Officer shall, for the purposes of assessment, divide the entire land under assessment in the following groups, each containing the classes of land shown thereunder:-

(i)

Cultivated land:


(a)

barani:

dependent on rainfall;

(b)

sailab:

flooded or kept permanently moist by water;

(c)

abi:

watered by lift system or by flow from springs;

(d)

nehri:

irrigated from canals;

(e)

chahi:

watered from wells;

(f)

kuhli:

irrigated by water channel;

(g)

ghasani:

land reserved for growing grass; and

(ii)

Uncultivated land:


(a)

Banjar jadid:

land which has remained unsown for four successive harvests;

(b)

banjar quadim:

land which has remained unsown for eight successive harvests;

(c)

gair mumkin:

land which has for some reason(s) become unculturable, such as land under roads, buildings, streams, canals, tanks or the like or the land which is barren, sand or revine;

(d)

khil:

cultivable land which has not yet been broken up.

(2) Whenever the circumstances so warrant and it is expedient to do so in the public interest, the State Government after giving by notification, 15 days notice of its intention so to do may by notification alter the classification of the lands as given in sub-rule (1) in regard to a particular area

5. The basis of net assets. - (1) The Revenue Officer shall prepare or cause to be prepared an estimate of net assets of annual gross produce of the estate or the estates concerned, as the case may be, comprised in each assessment circle, on the following basis: -

(a) the average acreage of each crop on each class of land, for which it is proposed to frame separate rates; and

(b) the average yield per acre of each crop grown thereon.

(2) The estimate of the net assets of the annual gross produce of the estate or estates concerned when the land-owner cultivates the land|personally shal1 be the result obtained after deducting the dues of artisan and/or menials along with collection expenses from the produce, and in other cases, shall be the result obtained by deducting the tenants share also.

Explanation. - For the purposes of this rule,

(i) 'average acreage' in relation to an estimate shall be the average matured area i.e. average yield from a particular area obtained after deducting the percentage of loss or damage caused due to natural calamities, of the selected years. These years shall be the cycle or period of year of which the harvest are a fair sample of the ordinary fluctuation characteristic of the agriculture of the tract;

(ii) 'average yield' shall be assessed or the result of experimental cutting, accounts of the land-owners where obtainable, information gathered from the trustworthy persons by the revenue officer, his own observations, accounts maintained by agricultural farms, if any, and the yields assumed for similar tracts elsewhere;

(iii) 'dues of artisans or menials' shall be the portion of the produce paid to artisans or menials for help in village or for harvesting or for supply and repair of agricultural implements or for any other work subsidiary to agriculture; and

(iv) 'tenant's share' shall be the portion of produce retainable by the tenant under the terms or tenancy.

6. Adjustment to be made. - (1)ln the absence of a contract to the contrary,land revenue shall be payable by a land-owner, and water rates by a tenant, if any, in case a tenant pays a certain proportion of Land Revenue or a land owner pays a certain portion of the water rates, a corresponding addition to or as the case may be deduction from the estimate shall be made. The deduction on the latter account shall also be made in case, the land-owner cultivates the land personally.

(2) The other deductions of the corresponding extent from the estimates shall be made in the following circumstances in case the land is cultivated through a tenant:-

(a) when means of irrigation and emabankments are maintained by land-owner;

(b) where the cost of all or any part of the seeds or manure used on the land is borne by a land-owner, and it is not counter balanced by either the receipt by him of a large share of the produce or by any other means;

(c) where a land-owner provides at his own cost, improved agricultural implements for the use of his tenants and makes no charge for the use thereof, whether by way of large share or the produce or otherwise;

(d) where a land-owner takes no share of fodder or receives nothing on account thereof and permits a tenant -

(i) to devote a specified area per pair of bullocks or some similar unit of area to the raising of fodder crops:

(ii) to cut certain crops for green fodder; or

(iii) to use his land or a part thereof or growing fodder in any other manner;

(e) where a land-owner employs paid agency at his own expenses to collect his share of produce;

(f) where a land-owner advances money free of interest of his tenants for agricultural purposes-

Provided that the rate of interest to be allowed in making such deductions shall not be lower than that allowed by the nearest branch of the State Co-operative 8ank on the deposits made with it, or higher than the one charged on the loans advanced by it.

7. Conversion of estimates from produce to money value and prices to be adopted in the process. - (1) The estimates of produce shall then be converted into money value The prices to be adopted for conversion shall be the average prices which are likely to be obtained for their crops by the agriculturists during the coming settlement, but shall be based on the average of a sufficiently long period in the past and it shall be assumed that the range of future prices shall not be dissimilar. The prices prevailing in years of famine or severe scarcity shall be excluded from the calculations.

(2) The prices adopted for each crop shall further be based on the prices current in the month in which the agriculturists of the tract ordinarily dispose of their produce. If in any estate or estates concerned, it is found that most of the agriculturists take their produce to market towns and dispose of there, an allowance shall be made for the cost of cartage to markets and for any fees paid at markets to agents, weighmen, etc, and for any other customary deductions, as may actually be prevailing.

Note. - In determining the prices to be adopted, the Revenue Officer shall scrutinise, among other date available the following:-

(a) Shop-keepers’ books in selected villages;

(b) harvest prices for each assessment circles reported by the Field Kanungo for entry in the circle note books:

(c) harvest prices published in Gazette;

(d) prices obtaining in the markets; and

(e) prices obtained by big land-owners for their produce.

8. Estimates of net assets based on cash rents. - A second estimate of net assets shall also be framed on the basis of cash rents payable by tenants, prevailing in the estates concerned, on the assumption made in clause (12) of section 4. This estimate shall only be framed where the following factors are present:-

(a) the existence in any circle, of a system of cash rents on a sufficiently large scale to enable them to be used as a guide in estimating the value of the remainder of the land of the circle; and

(b) the recognition in the revenue records of such distinctions of sail and class as are usually accompanied by marked difference of rented value

9. Abnormal rents. - (1) All rents which are not true economic rents, and are not based on the prevailing rent rate or the average rate actually paid on any class of land, shall be excluded by the Revenue Officer from his calculations as abnormal. For that purpose the following rent shall be considered abnormal:-

(a) rents consisting of the land revenue, with or without a small additional payment as proprietary fee, unless the land revenue is high and the land is poor;

(b) privileged rent paid by relations, friends, dependents.or persons discharging religious duties; and

(c) rents unduly inflated by jealously or special local or personal conditions of a transitory character i.e. rents so exhorbitant as to be no index of the real letting value of land and rents in which other factors such as mortgage money enter.

(2) The Revenue Officer shall scrutinise cash rents if any, carefully in each village as it comes under inspection. He shall satisfy himself that they have been correctly recorded, and shall then decide what rent shall be eliminated as abnormal.

10. Estimates of net assets. - The Revenue Officer shall, from the rents remaining after elimination of abnormal rents, frame an estimate of landowner's net assets, on the following guidelines: -

(i) the provisions of the rule 6 shall mutatis mutandis apply;

(ii) deductions shall be made, if necessary, for fallows or bad harvests;

Provided that the amount of the deduction to be made in each case shall be based on the result of the local enquiries made by the Revenue Officer;

(iii) deduction shall be made for shortage in collection of rent where such shortage is not due to bad management.

11. Miscellaneous in come. - Should the land-owners, whether they take rents in each Or in kind, also enjoy as such, any income or dues from lands which have not been taken into account in the estimates framed under this chapter the amount of such Income or dues shall be added to the net assets.

12. Estimates of true net assets. - The final estimates of net assets calculated in accordance with this chapter, shall be compared, and the Revenue Officer-shall then arrive at a definite estimate of what are the true net assets of each estate/estates concerned.

Chapter III

Assessment of Land Revenue

13. Forecast report. -(1) Before the assessment of any area is undertaken a forecast report shall be submitted, of the expected financial results of the assessment, showing whether, for the fiscal reasons or otherwise, reassessment is desirable. In the report specific mention shall be made, inter alia, of the following matters:-

(a) the existing assessment, the suitability of its form to local circumstances and the fairness of its distribution over estates;

(b) changes in cultivation, population, melans of irrigation and markets and communications;

(c) rainfall;

(d) prices; and

(e) any other factor affecting the general property of the tract.

(2) Before the report is prepared the leading agriculturists and organisations of land-owners of the area concerned shall so for as practicable, be consulted, and a mention of it shall be made in the report indicating what opinions have been expressed by them and the reaction of the Revenue Officer concerned thereupon.

14. Publication of proposals. - (1) The Revenue Officer shall frame his proposals with respect to assessment circles, classes of soil, selected year and prices to be adopted in accordance with the provisions of rules 3,4, 5 and 7 as soon as possible after the commencement of settlement operations.

(2) The Revenue Officer shall have an abstract of his proposals prepared in Hindi in Devnagri script. This abstract shall be got published in the Himachal Pradesh Government Gazettes printed copies of this abstract shall be supplied by post to all Legislators, Organisations of land-owners, Pradhans of Gram Panchayats, Lambardars, Non-official Members of the Panchayat Samitis and Zila Parishads, representing the area concerned for inviting their objections or suggestions A period of thirty days from the date of posting shall be allowed within which they may file objections or send suggestions on all or any of the matters referred to in sub-rule (1) with or to the Revenue Officer.

(3) The Revenue Officer shall take such objections etc., into consideration and forward them with his views thereon, together with his proposals, through the Financial Commissioner for the orders of the State Government.

15. Inspection of estates. - Before preparing the report prescribed under sub-section (1) of section 54 the Revenue Officer shall make a special inspection of each estate, and record an inspection note thereon.

16. Draft assessment report. - On receipt of the orders of the State Government the Revenue Officer shall, after taking into consideration the existing assessment, the true net assets arrived at under rule 12 and all other relevant factors, prepare a draft report, containing his proposals as to the future assessment of each assessment circle. This report shall contain, inter alia proposals with regard to the following points in respect of each assessment circle:-

(a) the value of the true net assets calculated by him;

(b) the reassessment which he proposes; and

(c) the detailed rates by which he proposes to distribute it over different classes of land or crops.

17. Abstract of assessment report to be published. - After the preparation of the draft report, the Revenue Officer shall a brief abstract prepared in Hindi, in Devnagri script, containing:-

(a) the principal date on which the true net assets estimate has been based, viz., rates of yield assumed rates of rents in cash or kind, average total areas cultivated and matured, deductions allowed or expenses of cultivation menal's dues, etc., and the value of a land as disclosed by sales and mortgages;

(b) the general considerations on which the pitch and amount of total actual assessment proposed to be taken are based i.e., the increase in resources through irrigation, extension of cultivation rise in prices miscellaneous income etc and;

(c) the total assessment and the average revenue rates proposed for adoption in framing village assessments with such brief explanations as may be necessary, including the clear provision that there is no guarantee that any particular estate will be ultimately assessed at the exact rates proposed and get if published in the Government Gazette;

(2) Copies of this abstract shall also be supplied by post to all Legislators Pradhans of Gram Panchayats Lambardars Organisations of Land-owners and non-official members of Panchayat Samitis and Zila Prishads representing the area concerned.

(3) A period of thirty days from the date of posting shall be allowed within which any revenue payer or group of revenue-payers or tenants may make suggestions or objections to the proposed assessment to the Revenue Officer.

(4) All such suggestions or objections etc., shall be considered by the Revenue Officer before preparing a final report;

18. Final report. - The Revenue Officer shall then prepare a final report in the light of the suggestions or objections if any received and forward it to the State Government, through the Financial Commissioner, for sanction as contemplated under-section (2) of section 53 together with:-

(a) a gist of suggestions or objections, if any received, with his views thereupon duly supported by reasons for agreement or dis agreement, as the case may be, and

(b) a copy of the draft report prepared under rule 16, together with the abstract as published under rule 17

19. Approval of the State Government. - The report shall be considered by the State Government and after such consideration, it may approve the assessment proposals with deviations within a margin of 3 per cent either way, or without it.

20. Assessment of particular estates. - Subject to the provisions of sub-section (3) of section 54 assessment of the each estate shall be fixed according to circumstances.

21. Progressive assessments. - Large enhancements of land revenue on particular estates shall, if necessary, be mitigated by the imposition of a revised demand in a progressive from i.e., a portion of the increased demand shall be deferred for a period of 5 to 10 years.

22. Distribution of assessment over holdings. - (1) Before making or revising the distribution of a fixed assessment over the several holdings of an estate, the Revenue Officer shall enquire into the usage followed in the previous distribution and in deciding the method of the new distribution, he shall have regard to that usage and to the wishes of the land-owners, so far as may be practicable and equitable.

(2) (a) The Revenue Officer shall then make an order setting forth the method of the former distribution and the method by which the new distribution, is to be made, and shall direct that a record of the new distribution be prepared, showing,

(1) serial number of holding;

(2) land-owner (with description) liable for the land revenue on holding;

(3) area of holding, with such details as are necessary for the purpose of distribution;

(4) rate of measure by which the new distribution is made;

(5) amount charged to each holding by former distribution;

(6) rates and cases charged by a percentage on the land revenue payable by each holding by the former distribution;

(7) amount charged to each holding by the new distribution; and

(8) rates and cesses charged by a percentage on the land revenue payable by each holding by the new distribution

(b) Where the rent of tenancy is the whole or a share of the land revenue thereof with or without an addition in money, kind or service, the tenancy and the result of proceedings, if any, taken under section 21 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974) shall be shown in this record under the land owners holding of which the tenancy is part by an additional entry showing the tenant's name being inserted between entries (2) and (3).

(3) The record thus made shall be given publicity delivering a copy thereof to the headman of the estate, and by pasting another copy at a conspicuous place in or near the estate A copy shall also be supplied to the Patwari;

(4) If the assessment is in the form of rates chargeable according to the result of each year or harvest, the Assistant Collector, to whom the Revenue Officer may assign this business by order under sub-section (1) of section 12, shall cause a record of the sum chargeable to each holding to be prepared for each year or harvest, as the case may be giving the particulars set out in sub-rule (2) entries (5) and (6) expected, and shall given publicity of it n the manner prescribed in sub rule (3)

Chapter IV

Principles For Allowing Exemption From Assessment For Improvements

23. Exemption of land benefited by improvement from enhancement. - (1) When a Masonary well is constructed at private expense or with the aid of loan from Government, for purposes of irrigation, after the coming into force of these rules, the land which benefits from the well shall be exempted from liability to any such enhanced or additional assessment of land revenue until the expiry of such period as may have been sanctioned at previous settlement, reckoned from the harvest in which the well is first brought into use The minimum period of exemption for the purpose of this rule shall be 20 years, but in any case where it is shown that such period is insufficient to repay the land-owner twice the cost of the well out of the addition net assets due to the well, it may be extended to such longer period, not exceeding 40 years, as may be considered sufficient for that purpose. In case where the Revenue Officer refuses to grant and exemption upto a period of 40 years, the aggrieved party shall have a right of appeal to the Financial Commissioner.

(2) When a well, whether in use or out of use through disrepair, is repaired for the purpose of irrigation, an exemption from liability similar to that in sub-rule (1) may be given for such period, if any, not exceeding half the period specified in that sub-rule, as the officer granting the exemption may consider equitable, with reference to the amount of expenditure incurred on repairing the well and the principles laid in sub-rule (1).

(3) When a tube-well is constructed at private expense or with the aid of loan from Government for purposes of irrigation the land which benifits from the well shall be exempted from liability to any enhanced or additional assessment of revenue as may be due to existence of the well until the expiry of such period as may be considered by the Financial Commissioner to be sufficient to repay the land-owner twice the cost of the well out of the additional net assets due to the existence of the well. The minimum period of exemption for the purpose of this rule shall be 30 years and the maximum 40 years.

(4) During the period of exemption specified in sub-rule (1) to (3) the land revenue assessment of the land irrigated by the well or tube-well shall not exceed the amount which could have been assessed, had no new well been constructed or no old well repaired, and in particular no fixed lumpsum assessment shall be imposed on the well during the period of exemption.

(5) In tracts where there is practically no assessment on land due in its un-irrigated aspect, the whole fixed assessment on well irrigated lands lying beyond the reach of river floods or canal water i.e. chahi-khalis shall be remitted during the period of exemption. In the case of chahi sailab, chahi-nahri lands, the rates of assessment imposed for the period of exemption shall be as follows:-

(a) where the land irrigated by the well is situated within reach of river floods, the sailab rate or rates, fixed or fluctuating, as the case may be, as sanctioned for the time being; and

(b) where it is within reach of canal water, the nahri-khalis rate or rates, fixed or fluctuating, as the case may be, as sanctioned for the time being.

Provided that where in the tracts mentioned above, there is no fixed assessment on well-irrigated lands, no rates other than sailab or nahri-khalis rates, as above, shall be charged.

(6) For irrigation works other than wells or tube-wells such as dams, reservoirs, water-cuts, minor canals or canal distributaries constructed or repaired at private expense or with the aid of a loan from Government, exemptions similar to those allowed for wells under sub-rules (1) and (2) shall be granted. The period of such exemptions shall be determined in each case by the Revenue Officer, but no exemption for a period exceeding 10 years shall be granted without the sanction of the Financial Commissioner, or exceeding 20 years without that of the State Government.

(7) The periods of exemption specified in the foregoing sub-rules may, for sufficient reason, be extended with the sanction of the State Government.

24. Remission of revenue when wells fall out of use. - A remission of so much of the assessment of the land irrigated from a masonary well or tube-well shall be granted as is based on the profits or irrigation from such well when,-

(a) the well ceases to be fit for use; or

(b) irrigation from it is superseded by canal irrigation and canal-advantage revenue or owner's rate has been imposed.

(2) A similar remission may be granted if the well, though still fit for use, has been out of use for four harvests:-

Provided that no remission shall be given if the disuse of the well: -

(a) occurs in the ordinary course or husbandry, the well being intended for use merely in seasons of drought; and

(b) is due to the introduction of canal irrigation and canal advantage revenue or owner's rate has been imposed.

Explanation. - The revenue based on the profits of irrigation from the well shall ordinarily be assumed to: -

(i) where a lump sum has been imposed at the distribution of assessment on the well in addition to a non-well rate, such lump sum;

(ii) where a lump sum, inclusive of non-well rate, has been imposed at the distribution of assessment such lump sum after deducting the equivalent of non-well rate; and

(iii) where the distribution of the assessment has been by soil rates, the difference between the actual assessment of the area irrigated and the amount which would have been assessed on that area if it had not been irrigated.

25. Period of exemption for wells to be fixed at settlement. - When settlement operation are in progress, the Revenue Officer shall obtain, through the Financial Commissioner the sanction of State Government with respect to the period of exemption for wells, other than tubewell, for each assessment circle.

26. Grant of exemption certificates at settlement. - In every case in which the Revenue Officer grants exemption, he shall give the land-owner a certificate specifying the well or other work on account of which it is granted; the rate of its construction or repair; the term for which the exemption will last; the land which would otherwise have been assessed at irrigated rates and the additional demand to be imposed at the end of the period of exemption. If the land is under fluctuating assessment, the certificate shall further state what the exemptions will be under the system as sanctioned for the tract.

27. Grant of certificate at other times. - When a well, tube-well or other work is constructed or repaired during the currency of a settlement in such circumstances as to entitle the owner to an exemption from assessment at irrigated rates, the Revenue Officer shall make a special enquiry and grant a certificate of exemption in accordance with the provisions of rule 23. If the exemption is to take effect immediately, the certificate shall state, as nearly as may be, all the particulars mentioned in rule 26, and in addition shall show distinctly the amount of existing land revenue to be remitted. But, if the exemption is not to take effect till the next revision of assessment, no action need to be taken unless the owner of the work in question applies for a certificate. In such a case, no entry shall be made as to the area subject to the concession or the amount of the exemption.

28. Exemption of reclaimed waste lands. -(1) When a land-owner desires to secure an exemption from assessment on reclaimed waste land in order to compensate him for incurring substantial expenditure on its reclamation, he shall apply, before he commences the work, to the State Government for such exemption, giving a description of the land to be reclaimed, the difficulties attending its reclamation and the sum proposed to be expended on reclamation operations. The State Government, shall, after making such enquiries as it deems necessary, decide as to whether any exemption be given.

(2) If the exemption applied for is sanctioned, the maximum period of the exemption shall be fixed at the close of reclamation operations. The State Government after verification of the actual amount expended on reclamation and the area reclaimed, shall, by written order, exempt the area reclaimed from assessment of land revenue for a period sufficient to re-imburse the land-owners to the extent of twice the sum expended on the reclamation operations, subject to the maximum limit previously fixed.

Chapter V

Manner of Announcement of Assessment

29. Order of assessment for each estate. - The Revenue Officer shall on receipt of the order of Government on his assessment proposals, draw up an order determining the assessment proper on each estate.

30. Announcement of assessment. - (1) For the purpose of announcing the assessment imposed on such estate, a notice shall be issued summoning the headmen and other persons interested to attend at a place and on a date specified On such date and at such place the Revenue Officer shall announce the assessment

(2) The headmen of each estate shall be given a memorandum showing the future assessment of the estate, and any additional particulars deemed necessary.

(3) The harvest from which the new demand shall take effect shah be announced to the headmen and other persons interested, and shall be noted in the memorandum furnished to the headmen.

Chapter VI

The Manner of Calculation of the Rate of Land Revenue

31. Calculation of incidence. - (1) In assessment circles in which fixed assessment was imposed at the last previous assessment, the rate of incidence of such assessment shall be the rate obtained by dividing the total assessment on cultivated land as finally imposed by the Revenue Officer who made the assessment, by the cultivated area as ascertained by him for the purposes of assessment.

(2) In assessment circles in which fluctuating assessment was imposed at the last previous assessment, the average of crops forming the basis of the net assets at such assessment shall be multiplied by the final rates sanctioned. The figures thus arrived at shall be divided by the cultivated area as ascertained for the purposes of assessment, by the Revenue Officer, who imposed the assessment, and the result shall be the rate of the last previous assessment.

(3) In assessment circles in which the assessment imposed at the last previous assessment was partly fixed and partly fluctuating, the average acreage of crops forming either partly or wholly the basis of the net assets, estimate of such assessment that are subject to assessment, shall be multiplied by the final rates sanctioned for fluctuating assessment. To the figures thus arrived at shall be added the final fixed demand imposed by the Revenue Officer and the total shall be divided by the cultivated area as ascertained for the purpose of assessment by the Revenue Officer The result shall be the rate of incidence of the last previous assessment.

(4) The rate of incidence on the cultivated area for the purpose of the revised assessment shall be determined mutatis mutandis by such of the methods in sub-rules (1), (2) and (3) of this rule as are applicable to the circumstances of the circles under assessment applied to the cultivated area determined by the Revenue Officer at re-assessment.

32. Repeal and Savings. - (1) The Punjab Land Revenue Assessment Rules, 1929 as applicable and in force in the State of Himachal Pradesh are hreby repealed.

(2) Notwithstanding the repeal of the rules referred to in sub-rule (1) anything done, any action taken, notification, proclamation, order or directions issued or notification schemes framed under the repealed rules shall be deemed to have been done or taken, issued, mode or framed, as the case may be, under the corresponding provisions of these rules if any and shall continue to be in force until directed otherwise or superseded, by anything done or any action taken by the competent authority.

Bare Acts Live

Copyright © 2016 Chawla Publications (P) Ltd. - Home | About Us | Contact Us

Revolutionising Law Reporting !
Install Now! Install Now! Install Now!
Biggest Law Library in Mobile
Install Now! Install Now! Install Now!
Get it Now !
You will Never Need a Law Reporter or Back Volumes
Instant Activation !

title

Headlines with Full Text of Cases!
Install Now! Install Now!
Searchable Back Volumes from 1950 !
Install Now! Install Now! Install Now!
Searchable Back Volumes !
Install Now! Install Now! Install Now!
With Searchable Back Volumes from 1950 !
Install Now! Install Now! Install Now!