Section 9(4) in The Bihar Government Estates (Khas-Mahal) Manual, 1953
(4)no refund of salami will be admissible if land gets diluviated.No salami should be charged for korkar lands in Chota Nagpur.(b)Salami should also be levied when settling land for non-agricultural purposes in town khasmahals and for building purposes in khasmahal villages developing into towns. In a growing town, land appreciates rapidly in value. Similarly in khasmahal villages which for some special reasons (e.g., owing to the opening of a new railway station) are developing into towns, the value of land rises with great rapidity. In the initial stages of development, Government are often required to undertake capital expenditure, a share of which should be borne by the residents who benefit. Under the present system Government frequently do not obtain their share of the unearned increment from urban development. It is equitable that Government should take in advance a share of the increased value by means of salami. Salami in this sense is not rent capitalised but a share in the increase of value anticipated during the period of a non-agricultural lease. The rate of rent must not be varied according to the amount of salami. It must not be considered that high rate of salami entitles the lessee to a low rate of rent;(ii)The circumstances in which it is advisable to take salami in town khasmahals cannot be precisely defined but will usually fall within one of the following cases:-(a)Where the value of the land is for some particular reason known to be appreciating rapidly.(b)Where a new area has been added to a town or an unoccupied area in a town is being developed.(c)Where a good site is leased for the purpose of building a house or houses.(d)Subject to clause (v) (b) below, where permission is taken for converting agricultural land into building sites.(iii)A person, who converts agricultural land into building sites without permission whether he be the original raiyat or a transferee is liable under the tenancy law to eviction for changing the character of the land. Such person should not be allowed to continue to hold the converted land on a purely agricultural rent and to appropriate the whole increment in value such cases may be dealt with either by making surrender a condition precedent to any sale of agricultural land for purposes other than agricultural or else by ejecting the transferee formally and resettling with him on a town lease. In either case, a substantial salami should be charged on resettlement. But to avoid hardship the Collector may agree to the transfer of part of his land by an old established raiyat without cancellation of his tenancy on receipt of a Salami on a moderate scale which should be fixed with the sanction of the Commissioner in each individual case.(iv)Salami will ordinarily be levied on original leases but where the progressive increase in the value of land or other special circumstances justify it a fresh salami may be taken for the renewal of a lease. When salami is taken for the renewal of a lease, it should include not only the share of Government in the progressive increase in value anticipated within the period of the lease to be renewed but also a sum equivalent to their share in the known increment in value due to causes (e.g., capital and enterprise of Government and third parties in developing the place and providing amenities for it) which were not anticipated when the lease was originally granted or previously renewed.Salami should not ordinarily be required-(a)when granting short leases; or(b)from an old tenant, when the relationship of landlord and tenant existed before the development began and the tenant is building a suitable house for his own occupation only. When, however, he applies for an original lease of an unoccupied piece of land or acquires lands outside his original holding he may fairly be required to pay a Salami.(vi)Where the payment of Salami is required the amount should be such as is equitable in view of the prospect of future increment of the value of the land within the period of lease. In town khasmahals the rate of Salami receipt by private landlords should be taken into account. In villages developing into towns the rates prevailing in the vicinity will probably not be useful as guide. In such cases if the fair rate of Salami cannot be determined satisfactorily in any other way it is permissible to fix it by auction, but this procedure should be very sparingly adopted.(vii)A Collector has authority ordinarily to decide the amount of Salami but where it is desired to levy Salami on a moderate scale (vide clause (iii) above), where the levy of Salami is introduced for the first time in large areas, where it is necessary to adopt a general policy or scale for its levy and also in cases where the Collector is himself in doubt as to the suitable amount, he should refer the case to the Commissioner for orders.(viii)When land for which Salami has been taken is resumed by Government the normal procedure would be to make an equitable refund, the extent of which should depend on the circumstances in each case.
