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. 
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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 bot h in Hindi and 
English on 8 th  April, 2011 at pages 230-236). 
An Act to provide for abolition of provision for pa yment 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 Rep ort 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 recog nition of 
their proprietary rights in thesoil, but was a volu ntary grant made to 
secure their interest and co-operation in forest conservancy; 
And Whereas, this Haq-Chuharam system existed in fi ve 
Forest Divisions of the HimachalPradesh i.e. Dharam shala, Dehra, 
Palampur, Nurpur and Hamirpur falling under the jur isdiction of 
Kangra and Hamirpur Districts; 
And Whereas, the share of Patwari was scrapped in 1 948, 
when the post of Patwari wasdeclared as Government post and 
payment of share of the village communities (Khewat dars) 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 Himac hal 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 Lambard ars 
was also stopped in 1976,pending issuance of a poli cy 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 p er Forest 
Settlement till date, butthis share is also require d to be scrapped as 
they are not rendering any service in forestconserv ation 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 Paym ent of Haq-
Chuharam Act, 2011. 
(2) It shall and shall always be deemed to have com e into 
force on the 1 st  day ofApril, 1974. 
(3) It shall extend to the Kangra and Hamirpur Dist ricts 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 ofAnderso n 
(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 andU tilization) 
Act, 1974, the Khewatdars, Lambardars and Rakhas ha ve been left 
with no rolein forest conservancy and stand relieve d of the duties and 
obligations towards the forestconservation. The Khe watdars, 
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 U tilization) 
Act, 1974, shall stand vested inthe State Governmen t free from all 
encumbrances. 
(2) The system of payment of Haq-Chuharam to the Ra khas 
shall stand abolished witheffect from 1 st  April, 2010 and they shall 
stand relieved of the duties and obligations attach ed tothem and shall 
have no liability in this behalf. 
(3) Notwithstanding anything contained in any law f or the 
time being in force, orany report or contract, decr ee or order of any 
court, the Khewatdars and Lambardars shallnot be en titled to any 
payment of Haq-Chuharam with effect from 1st April,  1974 andthey 
shall stand relieved of their duties and obligation s 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 agai nst 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. 
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