Section 5 in The Himachal Pradesh Cancellation of Remission of Assignment of Land Revenue Rules, 1966
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".
