The Himachal Pradesh Abolition of Payment of Haq-Chuharam Act, 2011

AUTHORITATIVE ENGLISH TEXT THE HIMACHAL PRADESH ABOLITION OF PAYMENT OF HAQ-CHUHARAMACT, 2011 ARRANGEMENT OF SECTIONS Sections: 1. Short title, commencement and extent. 2. Definitions. 3. Abolition of system of Haq-Chuharam. 4. Vesting of Rights of Rakhas, Lambardars and Khewatdars in the Government. 5. Protection of action taken in good faith. __________ THE HIMACHAL PRADESH ABOLITION OF PAYMENT OF HAQ-CHUHARAMACT, 2011 (Act No. 27 of 2011) 1 (Received the assent of the Governor on the 6 th April 2011 and was published in Rajpatra, Himachal Pradesh both in Hindi and English on 8 th April, 2011 at pages 230-236). An Act to provide for abolition of provision for payment of Haq- Chuharam to Khewatdars, Lambardars and Rakhas pursuant to the enforcement of the Himachal Pradesh Village Common Lands (Vesting and Utilization) Act, 1974. Whereas, under para 61 of the Forest Settlement Report of Kangra, written by Anderson, the village community (Khewatdars) and servants (Rakha, Patwari and Lambardar) has got theprovision of payment of one-fourth share of the gross income from the sale of trees as voluntarygrant, to be divided among them; And Whereas, this was not a malikana, paid in recognition of their proprietary rights in thesoil, but was a voluntary grant made to secure their interest and co-operation in forest conservancy; And Whereas, this Haq-Chuharam system existed in five Forest Divisions of the HimachalPradesh i.e. Dharamshala, Dehra, Palampur, Nurpur and Hamirpur falling under the jurisdiction of Kangra and Hamirpur Districts; And Whereas, the share of Patwari was scrapped in 1948, when the post of Patwari wasdeclared as Government post and payment of share of the village communities (Khewatdars) was 1 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of Objects and Reasons see R.H.P. dated 9.3.2011, P. 9483-9486. 2. H. P. ABOLITION OF PAYMENT OF HAQ-CHUHARAM ACT, 2011 scrapped in 1976, with the enforcement of the Himachal Pradesh Village Common Lands (Vestingand Utilization) Act, 1974, vide which village common lands were vested in the Government freefrom all encumbrances; And Whereas, the payment of Haq-Chuharam to Lambardars was also stopped in 1976,pending issuance of a policy decision, but due to some misconception in view of letter No.3-61/69-SF-IV dated 10.07.1981, Rakhas continue to get their share as per Forest Settlement till date, butthis share is also required to be scrapped as they are not rendering any service in forestconservation or protection or to the Forest Department; Now, therefore, it has been decided to stop/abolish the share of Khewatdars and Lambardarsretrospectively from the year 1974-75, because they are not rendering any assistance in forestconservancy. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-second Year ofthe Republic of India as follows:— 1. Short title, commencement and extent.—(1) This Act may be called the HimachalPradesh Abolition of Payment of Haq- Chuharam Act, 2011. (2) It shall and shall always be deemed to have come into force on the 1 st day ofApril, 1974. (3) It shall extend to the Kangra and Hamirpur Districts of Himachal Pradesh. 2. Definitions.—In this Act, unless the context otherwise requires ,— (a) “Haq-Chuharam” means the one-fourth share of the gross income from the sale oftrees as indicated in para 61 of the Kangra Forest Settlement Report ofAnderson (1887), to be divided among proprietors i.e. Khewatdars and the villageservants i.e. Lambardars, Patwaris and Rakhas; and (b) The words “Khewatdar”, “Lambardar” and “Rakha” shall have the samemeaning and expression as assigned to them in the Report on Forest Settlement of the Kangra Valley. 3. Abolition of system of Haq-Chuharam.—With the vestment of shamlat lands with the State Government under the Himachal Pradesh Village Common Lands (Vesting andUtilization) Act, 1974, the Khewatdars, Lambardars and Rakhas have been left with no rolein forest conservancy and stand relieved of the duties and obligations towards the forestconservation. The Khewatdars, Lambardars and Rakhas are not rendering any service to forest H. P. ABOLITION OF PAYMENT OF HAQ-CHUHARAM ACT, 2011 3 conservation or to the Forest Department after the vestment of shamlat lands with the State Government under the Himachal Pradesh Village Common Lands (Vesting and Utilization) Act,1974, and shall not be entitled to any payment of Haq-Chuharam in pursuance of para 61 of the Forest Settlement Report of Kangra Valley. 4. Vesting of Rights of Rakhas, Lambardars and Khewatdars in the Government.—(1) All rights, titles and interests of the Khewatdars, Lambardars and Rakhas in respect ofconservancy and management of Forests, prior to the coming into force the HimachalPradesh Village Common Lands (Vesting and Utilization) Act, 1974, shall stand vested inthe State Government free from all encumbrances. (2) The system of payment of Haq-Chuharam to the Rakhas shall stand abolished witheffect from 1 st April, 2010 and they shall stand relieved of the duties and obligations attached tothem and shall have no liability in this behalf. (3) Notwithstanding anything contained in any law for the time being in force, orany report or contract, decree or order of any court, the Khewatdars and Lambardars shallnot be entitled to any payment of Haq-Chuharam with effect from 1st April, 1974 andthey shall stand relieved of their duties and obligations attached to them and shall have noliability in this regard. 5. Protection of action taken in good faith.—No suit, prosecution or other legalproceeding shall lie against the Government or any employee of the Government, in respectof anything which is in good faith done or intended to be done in pursuance of this Act. ________