(i) sites for dwelling houses;
(ii) sites for purposes other than agriculture, dwelling industry or commerce; and
(iii) site for industrial and commercial purposes;
on the basis of the transaction that have taken place during the 20 years (or such shorter period as may be found suitable) preceding the year of enquiry on the following principles-
(a) in case of sale an open survey number not assessed to lands revenue or rent, sale price shall be free-hold value;
(b) in case of sale of an open survey number assessed to land revenue or rent, the sum of the sale price plus sixteen times the assessment shall be the free-hold value;
(c) in cash of a lease or assignment of a lease of an open survey number for a premium with a reservation of ground rent, the sum of the premium plus sixteen times the ground rent reserved shall be the free-hold value;
(d) in the case of a lease or assignment of a lease of an open survey number without payment of premium, sixteen times the rent reserved shall be the free-hold value;
(e) in the case of lease or assignment of a lease, without payment of premium, of a survey number with superstructure, where rent is reserved, sixteen times the difference between the annual rent reserved, and the annual letting value of the super-structure on the date of the lease shall be the free-hold value;
Sec 52 Sec 55 Sec 58(4) 12 Sec 59
(f) in the case of a sale of survey number with super-structure, where such survey number is not assessed to land revenue or rent,4////////// the difference between the sale price and the market value of super-structure on the date of the sale shall be the free-hold value;
(g) in the case of a sale of survey number with super-structure where such survey number is assessed to land revenue or rent, the difference between (i) the sum of the sale price plus the assessment multiplied by sixteen on the one hand and (ii) the market value of the super-structure on the date of the sale on the other, shall be the free-hold value;
(h) in the case of a transfer of a lease-hold survey number with super-structure the difference between the sale price ad the market value of the super-structure on the date of the transfer plus sixteen times the ground rent shall be the free-hold value.
G. ANNOUNCEMENT OF SETTLEMENT
58. (1) Fair assessments, whether original or revised, both in respect of agricultural and non-agricultural holdings fixed in accordance with Section 56 shall be notified by the Settlement Officer or Assistant Settlement Officer in the manner hereinafter specified.
(2) A notice in Form ‘D’ shall be affixed in a conspicuous place of the village concerned, and the date, time and place appointed in the notice for the public declaration of the assessment shall be proclaimed by beat of drum or in such manner as the Deputy Commissioner may direct atleast a fortnight prior to the date appointed for such declaration.
(3) On the date and at the time and place so fixed the assessment rates fixed for the classes of soils found in the village and the assessment of each holdings inclusive of that fixed on non-agricultural land. if any, shall be read over to persons present and the number of installments and dates on which it will have to be paid and the term of settlement and the date of commencement of that term shall be explained.
(4) If any errors of the kind mentioned in Section 64 are brought to the notice of the Officer declaring the assessment, he shall correct and initial them then and there.
(5) The Officer declaring the assessment shall make an endorsement over his signature at the end of the Record-of-Rights as follows:- “Assessments announced by me this day of 19 “ At 13
CHAPTER IV Assessment and Re-assessment of Land in urban areas A.AGRICULTURAL LANDS
59. The existing survey numbers used for agricultural purposes shall be recognized as plot numbers under Section 68(b) so long as they continue to retain their agricultural character.
60. Every portion of a plot number, which is held under a separate title, shall be formed into a sub-division subject to a minimum area of 10 acres of land.
61. The assessment of a plot number shall be distributed over its subdivisions as agreed upon mutually by the sub-division holders or, where there is any dispute, in accordance with area and soil classification of the various sub-divisions. Fractions of a paisa shall be ignored and the total assessment of the sub-divisions made to agree with that of plot number by adding one paisa to the assessment of as many sub-divisions as necessary.
62. The area and assessments of agricultural survey numbers recognized as plot numbers shall be entered in Field Book (Kharsa) and the Record-of-Rights in Forms “B” and “F” respectively.
63. For the purpose of assessment, the area occupied by agricultural plot numbers shall be divided into blocks. The Chief Commissioner may, form time to time, specify the areas to be included in a block.
64. For the fixation of the standard rates per hectare of agricultural land, the Deputy Commissioner shall proceed to determine the scale of soil factors (relative value of each class of land) to be applied to the block under consideration. Soil classification made at last settlement should normally be maintained and changed only in exception cases for valid reasons.
65. For the determination of a suitable scale of soil factors for each book, the Deputy Commissioner shall collect such information as he may deem necessary in order to arrive at (a) the gross value per acre of the produce of each class of soil; and (b) the net profits of cultivation of each class of soil. For this purpose, he shall ascertain and tabulate sale prices and letting values of land, profits of agriculture and the prices of carious crops.
66. After the scale of factors suitable for a block is determined, the scale will be applied to the total occupied area of the block, and the present unit incidence (incidence per soil unit) if the existing total land revenue demand of the block shall be worked out.
67. The Deputy Commissioner shall then consider and decide upon the extent, if any, to which the assessment in the block, as a whole, could be enhanced having regard to the circumstances of the block adjudged by its past history trend of prices, selling and letting values of land, profits of agriculture, etc. The Deputy Commissioner shall then arrive at the standard unit rates of the crops by raising the present unit incidence worked out under Rule 66 by the percentage of enhancement decided upon as suitable for the block.
Sec. 69(2) Sec 70 Sec 71 Sec. 72 & Sec. 73 14 Sec. 68 Sec. 69 Sec. 70 Sec. 71
68. The Deputy Commissioner shall then see whether this standard unit rate of the block could be suitably applies to all the villages in the blocks or whether it needs some variation having regard to the special circumstances of a particular village.
69. The unit rate mentioned in the preceding rule multiplied by the factor for each class of soil shall be standard assessment rate for that soil to be applied to the villages and blocks.
70. (1) The standard rate so fixed by the Deputy Commissioner shall be published in the official gazette for inviting objections. Copies of the list shall also be affixed in all the villages at conspicuous places and at the tehsil headquarters. Any person objecting to any standard rate shall file his objection within 30 days from the date of publication in the official gazette.
The Deputy Commissioner shall consider such objections after giving the objector an opportunity to represent.
(2) The standard rate so arrived at shall be reported by the Deputy Commissioner through the Settlement Commissioner, to the Chief Commissioner for approval. The Chief Commissioner may approve the standard rate with such modifications, if any as he may deem fit. The standard rate shall be finally published in the Gazette by the Deputy Commissioner.
71. The Chief Commissioner, or with his concurrence, the Settlement Commissioner may from time to time issue such separate instructions as may be necessary for the purposes of rules in Part A of this Chapter.
B. NON-AGRICULTURAL LANDS
72. Non-agricultural lands in urban areas shall continue to be recorded in the existing records of the respective villages until a separate record-of-rights of such lands is prepared under, Section 83.
73. When such separate record-of-rights is prepared the existing survey numbers (including Kharsa numbers re-numbered as survey numbers) shall either be recognized as plot numbers or divided into plot numbers in such manner as may be specifically directed by the Settlement Commissioner for a particular area.
74. Every portion of a plot number so formed, which is held under a separate title shall be treated and recorded as a sub-division of a plot number;
Provided that no such sub-division shall be formed, with and area of less than 10 square meters.
75. The area and assessments of plot numbers and their sub-divisions shall continue to be recorded in the Kharsa ad Jamabandi or such other village record are at present in use until a separate record-of-rights is prepared, these areas and assessments shall be entered in that record and in the field book (Kharsa).
76. In forming the areas in a town into blocks and in forming such blocks regard shall also be had, in addition to the factors mentioned in Section 71 to use of land for places of public resort and recreational purposes.
15 Sec. 73
77. The Deputy Commissioner shall ascertain the free-hold value of non-agricultural lands in each block, separately for lands used as sites for dwelling houses and purposes ancillary thereto, i.e., purposes mentioned in clauses (b) and (c) of sub-section (1) of Section 40 and for land used for industrial and commercial purposes on the basis of transactions that have taken place during the 20 years or such shorter period as may be found suitable preceding the year of enquiry in accordance with the principles laid down in Rule 57.
78. After the free-hold value of lands in the blocks ascertained as is specified in Rule 77, the Deputy Commissioner shall determine the average free-hold value of non-agricultural land in the blocks, by calculating the average value of such land per 10 square meters, as far as possible in the manner laid down in Rule 58.
79. If in any block the average free-hold value of non-agricultural land cannot be estimated in the manner specified in Rules 77 and 78 it shall be determined on the basis of transactions during the same period in respect of lands in the adjacent blocks.
80. After the average free-hold value of non-agriculture land in blocks is determined in the manner prescribed in Rules 78 and 79, the Deputy Commissioner shall work out the figure of average annual letting value per 10 square meter of land in each block by calculating it at 6 paise in the rupee on the average free-hold value of the land in the block. It shall be rounded off to the nearest excess of one rupee per 10 square meters, and to the nearest multiple of 25 paise where it works out to a sum in excess of one rupee per 10 square meters. Where the average letting value works out to a figure equidistant from the higher and lower multiple, the lower multiple should be deemed to be the nearest.
81. (1) Standard rates of assessment per 10 square meters of land shall be equal to- One third of average annual letting value in the case of lands used for dwelling houses and for industrial or commercial purposes;
One half of the average annual letting value in the case of lands used for any other purpose.
(2) The procedure prescribed under Rule 70 shall apply mutatis mutandis for determination and publication of the standard rate.
82. While fixing assessments of individual plots the Deputy Commissioner shall also take into consideration the use, and situation of plots and other advantages of disadvantages attaching thereto.
83. The Chief Commissioner, or with his concurrence the Settlement Commissioner, may from time to time issue such separate instructions as may be necessary for the purpose of rules in Part B of this Chapter.
Sec. 75 16
CHAPTER V Land Records A. PATWARIS
84. Every Patwari shall maintain a daily diary and such other office records as may be prescribed from time to time by the Deputy Commissioner.
85. The Patwari shall keep in safety and in good conditions all copies of settlement records entrusted to him and any papers which he may be required to keep under these rules or the explanatory instructions thereunder or which may be made over to his charge by the District Revenue Officers.
86. The Patwari shall allow any person to inspect his records and give extract or copies thereof on demand on payment of fees at the rates prescribed by the Chief Commissioner.
87. The Patwari on receipt of an order and paper from the Tehsildar shall prepare, attest and transit to him copies of land records with him.
88. The Patwari shall not, under any circumstances be called on to make any copies of his land records other than those prescribed by these rules.
89. The Patwari shall on demand assist officer or other departments in the discharge of their duties.
90. The Patwari shall work under the control of Revenue Inspector and overall control of the Tehsildar.
91. When the circle of a Patwari is visited by the Revenue Inspector, the Patwari shall report to him in writing-
(1) The death if any, without heirs of any tenant, grantee or licensee;
(2) the death if any, or changes in village Chaudharis or Chaukidars or their prolonged absence from village;
(3) encroachment on Government land or any waste land forest or irrigation work belonging to Government or on any public way;
(4) infringement of the conditions under which any grant or lease of land is held from Government;
(5) destruction or decay of boundary or survey marks and alterations of village boundaries;
(6) calamities, such as hail, locusts, fires, flood, frost, pest attacks, cattle disease or epidemics;
(7) emigration or setting of cultivators;
(8) the condition of crops;
(9) the infraction by any person of tenant’s right of Nistar or any obstruction to the legal exercise of any right recorded in the Nistar Patrak or village administrative paper;
(10) ejectment of sub-tenants or enhancement of rents otherwise the as provided for under the law;
(11) abandonment of land by tenants, grantees or licensees;
(12) permanent deterioration of agricultural land by diluvium deposit of sand or water logging;
Sec. 79 17
(13) the permanent failure of water supply from which land is irrigated; and
(14) the diverting of agricultural and abadi land to any purpose other than that to which it was allotted.
92. Immediately on occurrence of any natural calamity, Patwari shall report it in writing to the Revenue Inspector of his circle.
93. The Patwari shall immediately report in writing to the Revenue Inspector any infringement of the rules or orders made under Section 199.
94. The Patwari shall attend the Tehsil on such dates as may be fixed by the Deputy Commissioner every month. The work to be done by the Patwari on such visits shall be specified by the Deputy Commissioner.
95. Immediately on the occurrence of any calamity such as hail, locusts, frost, fire, flood, epidemic disease of man or animal, damage to crops or property due to any other cause, the Patwari shall report it in writing to Revenue Inspector of his circle.
96. The Patwari shall assist the Chaudhari of the village in collection of land revenue and any other Government dues and in other matters as may be necessary.
97. The Patwari shall communicate without delay to the nearest Magistrate or to the Officer-in-charge of the Police Station or Out-Post in the jurisdiction of which the village lies, any, information which he may obtain respecting-
(a) the permanent or temporary residence of any notorious receive or vendor of stolen property;
(b) the resort to any place within, or the passage, such village of any person whom he knows, or reasonably suspects, to be a robber, escape convict or proclaimed offender;
(c) the commissioner of, or intention to commit any non-bailable offence or any offence punishable under Sections 143; 144; 145;
147 and 148 I.P.C;
(d) the occurrence of any sudden or un-natural death or of death under suspicious circumstances;
(e) any other matter likely to affect the maintenance of law and order, theft of Government property, etc.
98. The Patwari shall assist the Revenue Officers, in any survey, field inspection, record of crops, inspection and revision of maps, or reports relating to rent or revenue or circumstances of cultivation etc.
99. The Patwari shall prepare for the purpose of assessing grazing or other dues such statements, returns or lists as may be prescribed from time to time by the Deputy Commissioner.
100. The Patwari shall prepare such statements, returns or lists dealing with the assessment of water rates as may be prescribed by the Deputy Commissioner from time to time.
101. The Patwari shall prepare such statements, returns or lists dealing with the assessments of compensation payable under the land Acquisition 18 Sec. 81 Act 1894 or for damage to crops caused by camps of exercise or other military manoeuvres.
102. The Patwari shall prepare such records, statements and returns for each village as may from time to time, be prescribed by the Deputy Commissioner.
103. The Patwari shall perform such duties and submit such returns and statements in connection with scarcity and famine operations as may, from time to time be prescribed by the Deputy Commissioner,
104. The Patwari shall verify application of all land improvement loans under the Land Improvement Loans Act, 1884 or Agriculturists Loans Act, 1884. He shall also verify whether the loan is duly utilized for the purpose for which it was granted.
105. (1) For the purpose of reporting encroachments referred to in clause (3) of Rule 91, the Patwari shall maintain a register of encroachments in the Form ‘E’.
(2) He shall prepare a sketch of each encroachment detected by him in duplicate according to scale and after retaining a copy of it, shall handover the other with his report to the Revenue Inspector.
106. The Patwari shall report to the Deputy Commissioner the extract or removal of minerals from a quarry without lawful authority.
107. The Patwari shall perform such duties in connection with decennial census, Live-stock census and elections or any other matters that may from time to time, be prescribed by the Deputy Commissioner.
108. The Patwari shall reports, statements and returns relating to crop forecasts, crop estimation surveys, land utilization and any other statistical returns as may, from tie to time, be prescribed by the Deputy Commissioner.
B. REVENUE INSPECTORS
109. The Revenue Inspector shall be responsible for the superintendence and inspection of the work of the Patwari of his circle.
110. The Revenue Inspector shall be responsible for the accurate preparation and maintenance by the Patwaris of the land records and subsidiary fields records of the villages in his circle. He shall ensure accuracy in the preparation of field records by regularity checking and testing the work of the Patwari.
111. The Revenue Inspector is responsible for the correct preparation, maintenance and check of receipt and receipt books issued under Section 117 of the Regulation.
112. The Revenue Inspector should see that all the travers stations, boundary marks of villages and of survey marks and tri-junction pillars in the villages of his circle are kept in proper repairs. He shall report to the Tehsildar all instances in which such repairs are neglected and also the names of persons responsible for the maintenance of the boundary marks.
113. The Revenue Inspector shall visit each Patwari circle in his charge once in fortnight.
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114. The Revenue Inspector shall maintain a diary in such form as may be prescribed, from time to time, by the Deputy Commissioner.
115. (1) The Revenue Inspector shall submit a report to the Sub- Divisional Officer, through the Tehsildar in such form as may be prescribed by the Deputy Commissioner, on the condition of crops, rainfall, prices of food grains and fodder and conditions of the people in his circle.
(2) The occurrence of any calamity, out-break of cattle disease, or anything useful affecting the condition of the people, crop, or cattle shall be reported at once to the Sub-divisional Officer, through the Tehsildar.
116. The Revenue Inspector shall himself conduct survey or measurement or prepare any maps or superintend any survey operations whenever required to do so by any Revenue Officer. He shall also measure survey numbers or sub-divisions or plot numbers and demarcate them.
117. The Revenue Inspector shall conduct crop cutting experiments and crop estimation surveys as prescribed by the Deputy Commissioner.
118. The Revenue Inspector shall, if so required by any Revenue Officer, make such local enquiry as may be required of him.
119. The Revenue Inspector shall be responsible for making correct and up-to-date entries in the village note books.
120. The Revenue Inspector shall be responsible for the correct and punctual submission of crop forecasts and agricultural prices of his charge, for such crops, on such dates and in such forms as may be from time to time, prescribed by the Deputy Commissioner.
121. The Revenue Inspector shall attest all entries made by the Patwaris in the Kharsa register.
122. The Revenue Inspector shall perform such duties and prepare and submit such returns and statements in connection with scarcity ad famine operation as required by the Deputy Commissioner.
123. The Revenue Inspector is responsible for watching that each load granted under the Land Improvement Loans Act, 1883 is properly utilized and for bringing to the notice of the Tahsildars, Agriculturists Loans Act, 1884 while he is not expected to verify each loan he should keep generally in touch with the application of loans to the purpose for which they were granted and should investigate cases in which mis-application is brought to his notice and report the matter to the Tehsildar. If, however, the loans is granted for the purchase of cattle or implements he should verify whether the purchase is duly made.
124. The Revenue Inspector is responsible for reporting to the Tehsildar cases of un-authorized diversion of Agricultural and Nonagricultural land.
125. The Revenue inspector shall conduct enquiry into profit of agriculture and value of land collect information in Statements prescribed under Chapter III of these rules.
126. The Revenue Inspector shall be responsible for the preparation of record-of –rights and its accuracy.
127. The Revenue Inspector shall check the copies of the map of the Abadi whenever it is prepared by the Patwari and shall sign all copies. He 20 shall also check all the copies of the registers prepared by the Patwari of the lay-out of open size of plots available for building purpose and of reserve plots.
128. The Revenue Inspector shall inspect and report changes in areas due to alluvion or diluvion.
129. The Land Records Officer shall be in over all control of the work of Revenue Inspectors in respect of work relating to land records. The Statements of work done by every Revenue Inspector in each quarter shall be furnished to the Land Records Officer in such form a may be prescribed by the Deputy Commissioner.
130. The village field map shall be prepared by Settlement Officer during revenue survey operations.
C. RECORD-OF-RIGHTS
131. The expression “Patwari” shall be deemed to include the Town Surveyor, the Assistant Town Surveyor or any other official appointed to perform the duties of Patwari under Chapter VIII of the Regulation.
132. The Record-of-Rights shall be prepared in Form ‘F’ for each village both urban and non-urban areas.
133. (1) The Khatuni or holding register prepared during the course of survey and settlement operation and existing at the time of enforcement of these rules shall be deemed to be record-of-rights, till fresh record-of-rights is prepared under these rules.
(2) The existing entries in record-of-right shall be kept up-to-date in accordance with the procedure hereinafter laid down.
Procedure for Preparation of Fresh Record-of-Rights
134. (1) The Patwari shall prepare a rough note book in Form ‘F’ in which he shall note the particular required under the various headings.
These particulars should be gathered fro the record deemed to be record-ofright under Rule 133, and from such information as he can collect by local inquiry.
(2) If there is dispute about any entry proposed to be made in the rough note book, the Patwari shall leave such entry bland and shall record the particulars of the dispute in the register of disputed cases, which shall be maintained in Form “G”.
(3) All persons known to be likely to have interest in the entries which are to be made in the record-of-rights shall be individually noticed to appear on a date to be specified therein to represent their interest.
(4) On the dates so specified, every entry in the rough note book shall be examined by a Revenue Inspector or such other officer as may be authorized in this behalf by the Deputy Commissioner and read out to all persons present. If any person interested admits the entries to be correct the admission shall be noted by that officer in the remarks column. If there is any dispute, a entry shall be made in the register of disputed cases.
(5) The dispute cases shall be decided by the Tehsildar or such other officer as may be authorized in this behalf by the Deputy Commissioner.
Sec. 83, 84. and 85 21 Section 85 (4) Sections 84 (1) and 85 (1)
(6) Entries shall then be made in the relevant columns of the record-of-rights by the Patwari and checked by the Revenue Inspector, Naib Tehsildar, Tehsildar, Sub-Divisional Officer and Land Records Officer.
(7) When the record of any village is complete, the Sub-Divisional Officer or such other Officer, as may be authorized by the Deputy Commissioner, shall issue a proclamation calling upon all persons interested to appear on a specified date at a place in or near the village concerned and notifying that any such persons may inspect the completed record-or-right on application to the Patwari or any other official incharge and may prefer objection to any entry therein within a period of 15 days from the date of proclamation.
(8) On the date and at the place appointed, the Sub-Divisional Officer or such other officer as may be authorized in this behalf by the Deputy Commissioner, shall cause such portions of the record as the person in attendance may desire, to be read over in their presence and after such further correction as may then be necessary, shall sign the record and add at the end a certificate that it has been duly approved and promulgated.
For maintaining record up-to-date following procedure to be followed
135. (1) The Patwari shall maintain a mutation register and register of disputed cases in Form “H” and Form “G” respectively.
(2) On receipt of a report of acquisition or transfer of any right of interest in writing from any person or on receipt of verbal information Patwari shall make appropriate entries in the mutation register. He shall give a writer acknowledgement in Form “I” for all such reports made in writing.
(3) A copy of the entries made in the mutation register shall be published by the Patwari on the notice board in his office and in the office of the Gram Panchayats of the village concerned. The Patwari shall simultaneously issue notice in Form “J” to every individual affected by such entries requiring him to submit his objection, if any, within a period of 15 days from the dare of notice,
(4) The Patwari shall issue a written acknowledgement in Form “I:
in respect of every objection received by him in respect of a mutation entry. If there is any dispute about any entry, he shall immediately cause appropriate entry to be a made in the register of disputed cases. The Revenue Inspector shall check the entries made in the mutation register and verify the corrections by recording his opinion in the appropriate column.
(5) A Naib Tehsildar or Tehsildar or any other Revenue Officer who may be authorized in this behalf by the Deputy Commissioner shall fix a date of hearing at a place in or near the concerned and decide and certify each entry. The notice of hearing shall be in Form ‘K’.
(6) No entry shall be certified unless the period mentioned in subrule 3 has expired.
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(7) The enquiry to be made into mutation cases shall be summary.
(8) When the entries in the mutation register of the villages have been certified, they shall at once be transferred by the Patwari to the record-of-rights register, Kharsa and other village records by recording them below the old entry or where the changes are small by correcting the old entry. Such new entries or corrections shall be made in red ink and shall be initialed by the Certifying Officer.
136. The record-of-rights shall be re-written after every five years or such longer period as the Deputy Commissioner may direct.
137. When the record-of-rights is re-written a new series of holding number shall be arranged alphabetically.