The Himachal Pradesh Abolition of Payment of Haq-Chuharam Act, 2011
The Himachal Pradesh Abolition of Payment of Haq-Chuharam Act, 2011
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.
(1) This Act may be called the Himachal Pradesh Abolition of Payment of Haq-Chuharam Act, 2011. (2) It shall and shall always be deemed to have come into force on the 1st day of April, 1974. (3) It shall extend to the Kangra and Hamirpur Districts of Himachal Pradesh.
2. H. P. ABOLITION OF PAYMENT OF HAQ-CHUHARAM ACT, 2011
In this Act, unless the context otherwise requires ,— (a) “Haq-Chuharam” means the one-fourth share of the gross income from the sale of trees as indicated in para 61 of the Kangra Forest Settlement Report of Anderson (1887), to be divided among proprietors i.e. Khewatdars and the village servants i.e. Lambardars, Patwaris and Rakhas; and (b) The words “Khewatdar”, “Lambardar” and “Rakha” shall have the same meaning 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 and Utilization) Act, 1974, the Khewatdars, Lambardars and Rakhas have been left with no role in forest conservancy and stand relieved of the duties and obligations towards the forest conservation. The Khewatdars, Lambardars and Rakhas are not rendering any service to forest 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 of conservancy and management of Forests, prior to the coming into force the Himachal Pradesh Village Common Lands (Vesting and Utilization) Act, 1974, shall stand vested in the State Government free from all encumbrances. (2) The system of payment of Haq-Chuharam to the Rakhas shall stand abolished with effect from 1st April, 2010 and they shall stand relieved of the duties and obligations attached to them and shall have no liability in this behalf. (3) Notwithstanding anything contained in any law for the time being in force, or any report or contract, decree or order of any court, the Khewatdars and Lambardars shall not be entitled to any payment of Haq-Chuharam with effect from 1st April, 1974 and they shall stand relieved of their duties and obligations attached to them and shall have no liability in this regard.
5. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Government or any employee of the Government, in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
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