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Settlement

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Last Updated On: 25/10/2013  

The Settlement of land and Assessment of Land revenue dates back to the Mughal period followed by the Britishers. Britishers adopted systematic and traditional methods of survey of land. After Independence there was a small unit of Settlement in Himachal Pradesh which was temporary department. After independence the Settlement operations were conducted in Tharoch, Sangri, Koti of erstwhile estates of Mahasu District, Thereafter the Settlement staff was sent to Chamba District in the year 1952. It was a First Regular Settlement in Chamba District. After completion of Settlement operation in Chamba District, Mandi District was taken in hand for Settlement operation in the year 1958 and later on after completion of Settlement operation in Mandi District, Settlement operation in Kangra District was commenced in the year, 1970. Initially, it was a temporary department and was declared as permanent department on 31-7-1970.


The Settlement was a single unit till 1977 and thereafter it was bifurcated into two Divisions i.e. Kangra Division and Shimla Division. Kangra Division comprising Chamba, Hamirpur, Kangra, Kullu & Una districts where as Shimla Division comprising Shimla, Sirmaur, Solan, Bilaspur, Kinnaur Districts and Spiti Tehsil of District Lahaul Spiti.

About Department - Mandate of the Department

Settlement is done under section-33 of Himachal Pradesh land Revenue Act. This section provides for two types of settlement i.e., Regular Settlement and Revised Settlement. Regular settlement is done where no record of rights is available and revised settlement is done where some record is available which requires special revision. The settlement is ordered by the State Government. The procedure for settlement is available in Punjab Settlement Manual which is also applicable in Himachal Pradesh. Settlement Department is responsible for the following:

a)    Survey of land and complete measurement of land in metric system.

b)    Preparation of revenue records.

c)    Assessment of land revenue.

About Department - Organization Setup

There are two settlement divisions in Himachal Pradesh having its Headquarters in Shimla and Kangra respectively. At each division, following staff is available:

1.   Settlement Officer.

2.   Assistant Settlement Officer.

3.   Settlement Tehsildars.

4.   Settlement Naib Tehsildars.

5.   Kanungo Settlement.

6.   Patwari.

7.   Chainman.

 Besides above department consists of Ministerial staff.

About Department - Powers & Duties

1.   Settlement Officer:

The Settlement Officer is the Head of the department in respect of the division and exercises full administrative control over the staff. He is responsible for achieving the target of Settlement work on year-to-year basis, also functions as Settlement Collector and decides Appeal cases of various kinds.

2.   Assistant Settlement Officer:

The Assistant Settlement Officer is to assist the Settlement Officer in carrying out various functions of the Department. They inspect the work done by Patwaris, Kanungos, Naib Tehsildars & Tehsildars at different stages to the extent of 5%. They also do final attestation of record. As Settlement Collector they also decide Appeals filed by the aggrieved persons against the orders of Assistant Collector 1st & 2nd Grade.

3.   Tehsildar:

Tehsildars inspect and attest 20% of work done by Patwaris and Kanungos appointed in the circle and to this extent are responsible for the same. They also decide revenue cases as Assistant Collector of the 1st and 2nd Grade.

4.   Naib Tehsildar:

The Naib Tehsildars inspect the work of Kanungos and Patwaris working in the circle to the extent of 25%of work done by them and are also responsible for the same. Besides they also decide cases as AC-IInd grade and also attest mutations on the spot.

5.   Kanungo:

Kanungo inspects the 100% work done by the Patwaris working under him and is duty bound to visit each Patwari once in a month for inspecting his work. He confirms the plotting on the Musavi with ink whereas the Patwari can do the plotting with pencil only. Thus he is fully responsible for the entire work done by the Patwari working under him.

6.   Patwari:

Patwari, though lowest functionary of the department, is also most important one .He prepares the entire revenue records from Shajra Kistwar to Misal Haqiat. Patwari measures land on the ground and prepares all the prescribed record, which is checked, verified and made final by the higher officials.

7.   Chainman:

Since Patwaris work involves actual measurement of fields on the spot and plotting them on the Musavi, Chainman is provided to assist him in taking measurement of land on the spot with the help of Jarib and Rope.

The ministerial staff is mostly deputed in the offices and maintains records with regard to the officials/ officers working in the Department.

Settlement Procedure - The Process

Where notification for settlement is issued by the Government the settlement staff takes over the complete record from Mohal revenue agency. New Shajra Nasab is prepared with the help of last Jamabandi and preliminary attestation of this jamabandi is conducted in presence of the general public. Thereafter khatauni is prepared . The patwari does the measurement of each khasra number and marks it with pencil on mussavi . Kanungo re-measures the land measured by patwari and marks the mussavi with ink. Settlement Naib Tehsildar does 25% inspection of each and every work done by Patwari and Settlement Tehsildar does 20% inspection. Once the measurement is over and khatauni is ready after tallying it from old record , Kanungo does his final attestation in the presence of residents. He reads every entry and issues copies of kabza kast to each and every owner. From this date people can raise objection if they want to make with in 30days to revenue officer . Revenue officer has to decide these objections and thereafter he does his final attestation in presence of people . After final attestation copies of Misal Haquiat in duplicate and khasra girdawari are prepared . Parat Patwar is deposited with the concerned Patwari and other documents are kept in settlement record rooms. At present winding up our records rooms has started. During settlement  girdawari and mutation etc. are done by settlement staff only . Tehsildars and Naib Tehsildars exercise the powers of AC-Ist and AC-2nd grade . Assistant Settlement Officer is Collector in his jurisdiction and Settlement Officer is Collector for all the Distts under this Division. Assistant Settlement Officer hears the revenue cases till the final attestation of the revenue village is over After this, cases are filed before Settlement Officer. Appeal from Settlement Officer lies with Divisional Commissioner and thereafter to Financial Commissioner Revenue. After completion of records the work of Assessment of land revenue starts under the direct supervision of Settlement Officer

Settlement Procedure - Types of Settlement Operations

Ordinarily, there are four types of Settlement operations:-

1.   Summary Settlement

This type of Settlement is resorted to a temporary measure for a short period without the help of survey equipments only a KHAKA DASTI is prepared till the regular Settlement is carried out. No presumption of truth is attached to a summary Settlement.

2.   Kanooni(Regular) Settlement

The regular Settlement is taken up where no previous record exist. On this Settlement, the complete measurement is done with the help of survey equipments and new record-of-rights is prepared for the first time.

3.   Tarmim(Revised) Settlement

Under this type of Settlement only amendments are carried out without resorting to any measurement.

4.   Jadid Sani(Complete revised) Settlement

Under this type of Settlement operation complete re-measurement is carried out with the help of survey equipments keeping in view the old Shajra and record.

Settlement Procedure - Record Preparation

We are carrying out the Second Revised Settlement and is adopting the procedure of complete re-measurement of an estate in view of the provisions contained in the H.P. Land Revenue Act and the standard of weights and measures Act,1976. The detail of the procedure adopted for carrying out the Settlement operation is as under:-

1. Formation of an estate

Whenever a Tehsil is taken for Settlement operations, the first duty of the Settlement officials is to make the Mohal Bandi files wherever necessary to do so. These files are sent to the Settlement Officer through proper channel for approval, who grants permission to create such estate with the approval of the Financial Commissioner (Revenue).

2. Updation of Last Jamabandi

After the completion of the work of Mohalbandi, old jamabandi is readout in the Jalsa Aam and any change found in the said jamabandi is recorded in Rojnamcha Fard Partal and steps are taken to in- corporate the changes in the record-of-rights.

3. Shajra Nasab and Khatauni

After updation of old jamabandi new khatauni and Shajra Nasab are prepared.The entries so recorded in the khatauni and Shajra Nasab are read out/attested in Jalsa Aam by the Kanungo, Settlement Naib Tehsildar and Settlement Tehsildar.

4. Parcha Jamindari

After preparation of the Shajra Nasab and khatauni, parcha jamindari are distributed among the tenure holders free of cost in which entry of ownership is made as per duly updated jamabandi. As and when any field is measured on the spot, the patwari enter the said khasra numbers alongwith its area.

5. Fixation of base line and Chandabandi

After completion of the above work viz formation of an estate, updation of jamabandi, preparation of Shajra Nasab, khatauni and distribution of parcha jamindari, field Kanungo laid down a base line is the middle of an estate on a triangular system and with the assistance of base line, he further fix and extend the control points/chandajats for the help of carrying out the measurement work on the spot.

6. Hadbast

After fixation of control points and Chandabandi, the Patwari measures outer boundaries of that particular estate where the Settlement operation is being carried out. The outer boundaries are checked by the Kanungo, Settlement Naib Tehsildar and Settlement Tehsildar.

7. Survey

After the completion of the above process the survey work is started from the North- West corner of an estate and the survey work is completed on the Sought-East corner of an estate. The survey work is checked 100% by Kanungo and than he inked the Shajra/mussavi Settlement Naib Tehsildar and Tehsildar also check the measurement and record work 25% and 20% respectively. The Assistant Settlement Officer and Settlement Officer also check the survey and record work.

8. Preparation of record for final attestation

After completion of the survey/measurement work, patwari do the work of additions of each field of an estate alongwith its area and the sequence of khatauni is made as per the names written in Shajra Nasab/ pedigree table. Thereafter, Kanungo read out the entries made in new khatauni and Shajra Nasab to the tenure holders and check 100% entries and all the documents attached to the record-of-rights. Similarly Settlement Naib Tehsildar and Settlement Tehsildar read out the entries of khatauni and Shajra Nasab to the extent of 25% and 20% respectively and append the certificate regarding the correctness of the entries made in the record-of-rights.

9. Writing of Misal Haquiat

After the completion of final attestation work, the patwari starts the work of writing of Misal Haquiat/record-of-rights. Two copies of Misal Haquiat are prepared, one is kept in District Record Room and another is handed over to the  patwari Mohal. This record is checked 100% by Kanungo ,25% by S.N.T.,20% by  S.T. and 5% by ASO. Every officer append his certificate regarding its correction.

10. Preparation of Momi and Latha

Patwari also prepares to copies of Shajra/Mussavi. One copy is made on the Momi which is kept in Tehsil office and another copy on Latha cloth which is handed over to the Patwari Mohal for Girdawari and day �to- day work.

11. Farad Tafriq Bachh

This is a document in which new land revenue is assessed. Patwari entered the area, ownership and possession in this document.

12. Assessment of Land Revenue

After the approval of the proposal of Assessment of land revenue from the Financial Commissioner(Revenue), the land revenue is fixed in each holding as per approved rate by Government.

13. Writing and distribution of Parchabahi

Parchabahi is a document in which entries of khatauni such as ownership, possession, rent and land revenue etc. are recorded and distributed to every land owner, tenants, mortgager etc. free of cost after announcement of the land revenue.

14. Consignment of record

In the end, the record is handed over to the District Administration.

Settlement Procedure - Decision Making & Supervision

The importance of Settlement Operations in Himachal Pradesh is all the more as people are dependent on land for Agriculture and Horticulture. Besides land has got economic as well as emotional value for them. This dependence on land makes it imperative that people know about their holdings. Further, being the superior owner, it is the duty of the State to ensure that Land records are available in the shape of field maps as well as Record of Rights

The system of preparation of Land Record dates back to the Mughal period, when Raja Todar Mull introduced it. During his brief regime around the same period, Sher Shah Suri also strengthened the system.

The measurement of Land in old times was taken in ’Kadam’ i.e. step which later came to be known as ’Karam’ denoting different measure of length at different places-54, 56 and 57.5 inches. To overcome this anomaly, a uniform unit of measurement was needed and as a result, in present Settlement, Metric system has been introduced and the unit of measurement is Meter.

The base line which was hitherto laid before carrying out measurement with the traditional ’Shist’ is now laid with the modern equipment called Theodolite which is more accurate and time saving. More sophisticated systems like the GPS and the Total Stations are on way to make measurement more accurate and time saving.

As for the procedure, prior to taking upon a village for Settlement Operations, old Revenue Record is taken from the Mohal Patwari. The Kanungo reads out entries of the current Jamabandi, and the Shajra Nasab before a gathering of the village landowners and after attesting the entries prepares new Shajra Nasab and Khataunis entering Khata/ Khatauni numbers. After this a base line is laid by Kanungo with the help of Theodolite by fixing three points on the spot and further Chandabandi is done by the Patwari by fixing further points with the help of the Base line to facilitate measurement of the fields. Once this process is complete, the Patwari starts the measurement of fields and plots the fields on the Musavi fixed on a Patri with the help of Shist Measurement is always started from the North �West side and the fields so measured and plotted are assigned numbers beginning from one. The lines are drawn with pencil and are confirmed with ink only after the Kanungo every Khasra Number has checked every Khasra Number.

After the measurement is complete, other record viz Misal Haqiat, field book, Khasra index, Khasra Girdawari are prepared by the Patwari and are checked by the Kanungo to the extent of 100% and by the Naib Tehsildar, Tehsildar and the Assistant Settlement Officer to the extent of 25%, 20%, and 5% respectively. For the recording of inspections done by the superior officers, the Patwari is provided with an inspection diary called Roz namcha and the Patwari and other officers have to comply with the directions recorded therein by the superior officer in a time bound manner. It is only after the final attestation that the Record becomes ripe for issuing copies.

In spite of the utmost care taken in preparing the records, the people are not always satisfied with measurement and the entries made in the record so prepared. If aggrieved they may apply to the Assistant Collector II Grade for correction. Further Appeal lies to the Collector, Commissioner, and Financial Commissioner (Appeals).

The Forest Settlement Work is also undertaken in Shimla Division, in which proposals are received from Forest Department for demarcation of Undemarcated Protected Forests to get them notified as Demarcated Protected Forests by the Govt. The Forest Settlement Officer also determines the rights of people in such D.P.Fs and the same are also notified by the Govt. Forest Settlement work is done under the provisions of Indian Forest Act, 1927.

Since over a period of time, the average yield from the land also increases, reassessment of land becomes necessary. There is a prescribed procedure for assessment of Land Revenue under the H.P. Land Revenue Act, 1953 & Assessment Rules at the time of Settlement. However the Land Revenue so assessed should not exceed by more than one-third of the current rates.

Since Settlement Operations are target oriented, targets are fixed on year-to-year basis and staff is required to achieve those targets. Patwari is required to measure and plot 120 Khasra Nos. per month and he has to do measurement work for a minimum of 20 days in a month. When weather is not suitable for measurement work, the Patwari prepares other record. The Kanungo inspects his work once in a week and Naib Tehsildar inspects his work once in a month. The Tehsildar is required to visit a Patwari once in a quarter and inspect his work.

The Rules regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions.

Settlement operations are carried out under the provisions of H.P. Land Revenue Act 1953, as amended from time to time, which also contains detailed procedure to be followed in re assessment of land revenue.

In short the following Act and Manuals are followed in carrying out settlement operations:

1. H.P. Land Revenue Act 1953(Act no 6 of 1954) as amended from time to time.

2. H.P. Land Revenue (Special Assessment) Rules 1986).

3. The H.P Land Revenue (General) Assessment Rules 1984 .

4. The H.P. Tenancy and Land Reforms Act 1972.

5. The H.P. Tenancy and Land Reforms Rules 1975.

6. The Punjab Settlement Manual.

7. Land Administration Manual.

8. Collection of Settlement Instructions 1998.

9. A statement of the categories of documents that are held by it under its control during settlement and before consignment the following documents/records are  kept by the department.The records / documents are as follows:

Shajra Kishtwar or Field Map (Musavi)

Field Book

Aks Momi Shajra

Latha shajra(Current Settlement)

Misal Haquiat(Patwari Copy) Current Settlement

Khasra Girdawari(Current)

Field book(Certified copy)

Mutations Register (Current)

Misal Haquiat(Govt. Copy)

Khatauni Bandobast(Current, along with Maps)

Rojnamcha Fard Partal(Inspection Diary)

Fard Tafrik Bachh

Misal Tarika Bachh

Index Map

Parcha Bahi

Settlement Status - Shimla Settlement Division

Settlement work in Shimla Division is in progress, since 1979, by March 2007 total numbers of 4025 villages have been measured and work completed. This covered about 1943925lakhs khasra numbers. For the present the Settlement operation in Tehsil Rohru, Jubbal, Kotkhai, Theog, Shimla Rural, Chopal, Kupvi and Junga of District Shimla, Tehsil Arki of District Solan, Tehsil Ghumarwin and Jhandutta of District Bilaspur, Tehsil Rajgarh of District Sirmour is in progress.

In Bilaspur District 22 estates of Tehsil Sadar, 52 estates of Sri Naina Devi Ji,16 estates of Jhandutta and 20 estates of Ghumarwin, total 110 estates have been surveyed/measured and Settlement work in 11 estates of N.A.C. Ghumarwin and 2 estates of N.A.C. Jhandutta is in progress which is likely to be completed by 2008.

Information of Settlement, Shimla Division :



Areas where Settlement Operations have been completed (upto 30/06/2007)


District


Tehsil/Sub-Tehsil


Total Revenue Villages


Revenue Villages Surveyed


Year of Comencement


Year of Completion


No. Kh.


Area in Hact


Kinnaur


Nichar


201


201


1977


1983


77837


117562


Kalpa


75


75


1981


1984


19524


39138


Sangla


117


117


1981


1984


25209


138786


Moorang


146


146


1983


1986


32757


173362


Pooh


80


80


1984


1986


20344


96700


Hangrang


57


57


1984


1986


11816


73772


 


Total


686


686


 


 


187587


640320


Lahaul & Spiti (Spiti Division)


Kaza


231


231


1975


1989


67013


718037


Shimla


Rampur & N.A.C Rampur


225


225


1979


1994


169538


86775


Nankhari


102


102


1979


1993


65978


15844


Dodra Kawar


20


20


1982


1984


12317


36698


Tikkar


46


46


1979


1984


27527


7751


Chirgaon


152


152


1979


2001


118700


137867


Suni & N.A.C Suni


239


239


1986


2000


120022


24408


Nerwa


247


247


1992


2001


94244


59066


Shimla Urban


49


49


1975


2003


15093


1749


Total


1080


1080


 


 


623419


21676



Areas where Settlement Operations are in Progress(upto 30/06/2007)


District


Tehsil/Sub-Tehsil


Total Revenue Villages


Revenue Villages Consigned


Year of Comencement


Settlement in Progress


Pending for Survey


Probable Date of Starting


Probable Date of Completion


Shimla 


Rohru


114


142


1979


2


-


 


2008


Jubbal


172


170


1986


2


-


 


2007


Kotkhai


252


241


1992


11


-


 


2007


Theog


491


483


1993


8


-


 


2007


Kumarsen


187


186


1986


1


-


 


2007


Shimla Rural


630


433


1993


156


41


 


2009


Chopal


216


151


2001


64


1


 


2007


Kupvi


91


72


2001


19


-


 


2007


Junga


64


-


2006


35


29


 


2010


Total


8847


1878


 


298


71


  


 


Solan


Solan


489


14


1968 to 1970


-


475


2010


2034


Kandaghat


283


11


1990 to 1994


-


272


2010


2034


Kasouli


287


6


1992 to 1997


-


281


2010


2034


KrishanGarh


296


-


 


-


296


2010


2034


RamShaher


241


-


 


-


241


2010


2034


Nalagarh


431


3


1996 to 1999


-


428


2010


2034


Arki


513


19


2003


120


374


2010


2010


Total


2540


53


  


120


2367


 


 


Bilaspur


Sadar


295


22


1984 to 1987


-


279


2010


2035


Naina Deviji


174


52


1984 to 1987


-


122


2010


2035


Jhandutta


280


16


1984 to 1987


2


262


2006


2035


Ghumarwin


334


20


1984 to 1987


11


303


2006


2035


Total


1083


110


 


13


960


 


 


Sirmaur


Nahan


148


12


1969 to 1990


-


136


2010


2025


Sangrah


77


-


 


-


77


2010


2025


Dadau


74


-


  


-


74


2010


2025


Nauradhar


48


-


  


-


48


2010


2025


Pajhata


71


-


  


-


71


2010


2025


Shillai


47


-


  


-


47


2010


2025


Paonta


142


10


1998 to 2006


-


132


2010


2025


Rjagrah


72


3


1998 to 2001


3


66


2006


2025


Pachhad


263


4


1979 to 1990


-


259


2010


2025


Total


942


29


 


3


910


 


 


 


Notifications & Guidelines � Notifications


1. Notification under section 33 of the H.P. Land Revenue Act, 1954 for carrying out the Settlement operations in a tehsil or District.


2. Notification under section 52 of the H.P. Land Revenue Act, 1954 regarding general Assessment or.


3. Notification under section 33 of the H.P. Land Revenue Act, 1954 regarding closing of Settlement operations.


4. Notification under section 28 of the H.P. Land Revenue Act, 1954 regarding conferment of powers of Revenue Officers.


 


Notifications & Guidelines - Settlement Guidelines


The State Government or the Financial Commissioner with the approval of the State Government may for the guidance of the Revenue Officers issue executive instructions in consistent with the provisions of the law. Further the guidelines are also contained as follows:-


1. H.P. Land Revenue Act, 1954.


2. Punjab Settlement Manual as applicable to the Himachal Pradesh.


3. H.P. Land Record Manual.


4. Menstruation.


5. Compendium of Settlement instruction.



 

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