Page 1 of 3 GOVERNMENT OF HIMACHAL PRADESH REVENUE DEPARTMENT NOTIFICATION Simla-2, the 29th October, 1974 No.10-15/74 Reve.A- Whereas, the draft Himachal Pradesh Land Revenue (Surcharge) Rules, 1974, were published as required by sub-section (I) of section 7 of the Himachal Pradesh Land Revenue (Surcharge) Act, 1974 (19 of 1974) in the notification of even number, dated 20-9-1974 of the Government of Himachal Pradesh Revenue Department for inviting the objections and suggestions from all persons likely to be affected thereby a period of 15 days from the date of publication of the draft rules in Rajpatra.
And whereas, the Government have considered the objections and suggestions received from the public on the said draft rules within the prescribed period.
Now, therefore, in exercise of powers conferred by section 7 of the said Act, the Governor, Himachal Pradesh hereby makes the following rules, namely:- THE HIMACHAL PRADESH LAND REVENUE (SURCHARGE) RULES 1974
1. Short title, extent and commencement:-
(1) These rules may be called the Himachal Pradesh Land Revenue(Surcharge) Rules, 1974
(2) They shall extend to the whole of Himachal Pradesh.
(3) They shall come in to force at once.
2. Definitions- In these rules, unless there is anything repugnant of the subject or context-
(a) “Act” means The Himachal Pradesh Land Revenue(Surcharge) Act, 1974
(b) “Form” means the form appended to these rules; and
(c) “section or sub-section” means the section or sub- section of the Act
3. Period for giving information under section 4 (1)- The time under sub section (1) of section 4 of the Act or giving written information of the details of total land revenue payable by a landowner shall be 30 days from the commencement of these rules.
4. Manner in which information required from land-owners, to be given- The information under rule 3 shall be given in form ‘A’. The land-owner shall, at the same time furnish it on as many additional copies of the form. One copy each for each Patwari, as there are patwar circles in which his land is situated and shall also submit a copy thereof to the Tehsildar having jurisdiction.
5. Assessment of surcharge- Page 2 of 3
(1) The Tehsildar or the Naib Tehsildar, as the case may be, on receipt of the copies of the particulars of land revenue, shall sent copies of the form to the concerned patwari for verification of the particulars furnished by the land owner with instructions to return the same within 15 days through the Field Kanungo who shall also satisfy about the correctness of the particulars of the land/land revenue. The Tehsildar or Naib Tehsildar on receipt of the copies from the concerned patwaries shall make assessment of the surcharge payable by the respective land-owners and send the same to the patwari in whose jurisdiction, the land-owner holds the largest area of land.
(2) If the land-owner owns land in more than one patwar circle and within the same Kanungo circle, then Tehsildar or the Naib Tehsildar shall get the surcharge calculated by the field Kanungo of the circle in accordance with the provisions of section 3 of the Act. Thereafter, he shall make the assessment and intimate the same to the patwari in whose jurisdiction, the land-owner owns the largest area.
(3) In cases, other than those covered under sub-rule (1) and (2) above, the calculation of the surcharge shall be made by patwari of the circle in which the land is situated in accordance with the provisions of section 3 of the Act.
6. Collection of surcharge-
(1) After making the assessment of surcharge at his own level or after the receipt of assessment made by the Tehsildar or the Naib Tehsildar, the patwari shall prepare a demand statement and handover the same to the Lambardar in whose jurisdiction, the land owner holds largest area of land.
(2) The recovery of surcharge shall be made in the same manner as is described for the collection of land revenue in rules 52 to 58 and 64 to 70 of the Punjab Land Revenue Rules.
7. Collection charges - for collection charges for which the Lambardar shall be entitled on account of recovery of surcharge the rules under the Punjab Land Revenue Act, 1887 shall apply mutatis mutandis.
8. Manner in which Tehsildars to collect information-
(1) Where any person liable to pay surcharge under the Act fails to furnish the details of the land revenue payable on the prescribed form provided in rule 4, the Tehsildar or the Naib Tehsildar shall cause the written information to be prepared in the said form from all the patwaris in whose jurisdiction on the land of land-owner is situated with the instructions to send the information within 15 days through the respective Field Kanungo.
(2) On receipt of the information from the patwaris, the Field Kanungo shall, after examination attest the entries made by the patwari in form ’A’ and forward it to the Tehsildar or Naib Tehsildar concerned, as the case may be.
(3) After satisfying himself as to the correctness of the particulars mentioned in the form, the Tehsildar or the Naib Tehsildar shall make assessment of the surcharge payable by the landowner in accordance with the provisions of section 3 of the Act and intimate the same to the patwari of the circle in which the land-owner holds the largest area of land.
Page 3 of 3 FORM-‘A (See Rule-4) INFORMATION TO BE FURNISHED BY THE LANDOWNER UNDER SUB-SECTION (1) OF SECTION 74 Name of the landowner Parentage Address of the landowner Name of Tehsil and District in which the land is situated Village and Patwar Circle in which land is situated Kanungo Circle in which land is situated Area of land held by land owner in hectares Amount of land revenue payable Total land revenue payable 1 2 3 4 5 6 7 8 9 Date--------------------------------------------- Signature of landowner Place------------------------------------------- (Thumb Impression) By order, L. HMINGIANA TOCHHAWNG, Secretary.