(a) the names of all tenants together with survey numbers or plot numbers held by each of them and their area;
(b) the nature and extent of the respective interests of such persons and the conditions or liabilities , if any , attaching there to;
(c) The land revenue, if any, payable by each persons; and
(d) such other particulars as may be prescribed.
84. (1) Any person acquiring by succession, survivorship, inheritance, partition, purchase, gift, mortgage, lease or otherwise any right in land shall report orally or in writing his acquisition of such right to the patwari of the village within six months from the date of such acquisition and the patwari shall give a written acknowledgement in the prescribed form for such report to the person making it:
Provided that when the person acquiring such right is a minor or is otherwise disqualified his guardian of other person having charge of his property shall make the report to the patwari.
Explanation 1- For the purpose of this section, right in land does not include an assessment over or a charge (not amounting to a mortgage of the kind specified in section 100 of the transfer of property act, 1882 on the land.
Explanation II- A person, in whose favor a mortgage is redeemed or paid of a lease is determined, acquires a right within the meaning of this section.
Explanation III- Intimation in writing required to be given to the patwari under this Section may be given through a messenger or in person or may be sent by registered post.
(2) Any such person as is referred to in sub-section (1) may also report in writing his acquisition of such right to the Tehsildar within six months from the date of such acquisition.
85. (1) The Patwari shall enter in a register of mutations every acquisition of right reported to him under section 24 or coming to his notice from intimation received from the Tehsildar or the Gram Panchayat, if any, from any other source.
(2) Whenever the patwari makes an entry in the register of mutation, he shall at the same time post up a complete copy of the entry in any place of public resort appointed by the Deputy Commissioner in the village.
(3) The fast of such entry shall be proclaimed in the village by beat of drum and written intimation thereof shall be given to all persons appearing to the patwari to be interested in the mutation and also to the Gram Panchayats or where a Gram Panchayats has been not established, to the Chaudhari appointed under section 132.
Field map Record of rights 4 of 1882 20
(4) Should any objection to any entry made under sub-section (1) in the register of mutation be made either orally or in writing to the patwari, he shall enter the particulars of the objections in a register of disputed cases and shall give a written acknowledgement in the prescribed form for the objection to the person making it.
(5) Every objection entered in the register of disposed cases shall be disposed of, and every entry in the register of mutations shall be tested, and if found correct or after correction, as the case may be, shall be certified by such officers and in such manner as may be prescribed.
(6) Entries in the register of mutations, when duly certified, shall be transferred to the record-of-rights in the prescribed manner.
(7) Any report regarding the acquisition of any right of the kind specified in section 84 received by the patwari after the specified period shall be dealt with in accordance with the provisions of this section:
Provided that no action on the report of the patwari shall be taken by the Tehsildar unless it is verified by the revenue inspector.
86. The civil courts shall have jurisdiction to decide any dispute to which the Government is not a party relating to any right which is recorded in the record-of-rights.
87. The Deputy Commissioner may, any time, Correct or cause to be corrected any clerical errors and any errors which the parties interested admit to have been made in the record-of-rights.
88. In addition to the map and the record-of-rights, there shall be prepared for each village a kharsa or field book and such other land record as may be prescribed.
89. If any revenue officer finds that a wrong or incorrect has been made in the land records prepared under section 88 by an officer subordinate to him he shall direct necessary changes to be made therein after making such enquiry from the persons concerned as he may deem fit after due written notice.
90. (1) If any person is aggrieved by any entry made in the land records prepared under section 88 in respect of matters other than those referred to in section 83 he shall apply to the revenue officer for its correction within one year of the date of such entry.
(2) The revenue officer shall after making such enquiry as he may deem fit, pass necessary orders in the matter.
91. Every entry in the land records existing at the commencement of this Regulation and every entry made therein under this Chapter shall be presumed to be correct until the contrary is proved or a new entry is lawfully substituted therefor.
92. (1) Every person, whose right, interest or liabilities are required to be or have been entered in any record or register under this Chapter, shall be bound on requisition in writing by any revenue officer, engaged in compiling or reversing the record or register to furnish or produce for his inspection, within one month from the date of such requisition , all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or possession or power.
(2) The revenue officer, to whom any information is furnished, or before whom any document is produced under sub-section (1), shall give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date thereof.
Jurisdiction of civil courts Correction of clerical errors Land records Correction of wrong entry in land records by superior officers Dispute regarding entry in land records Presumption as to entries in land records Obligation to furnish the information as to title 21 Construction of boundary marks of villages and survey numbers or plot numbers Dispute regarding boundaries between villages, survey numbers and plot numbers Ejectment of person wrongfully in possession
93. Any person neglecting to make the report required by section 84 or furnish the information or produce the documents required by section 92 within the specified period shall be liable, at the discretion of the Deputy Commissioner, to a penalty not exceeding twenty-five rupees.
94. Certified copies of entries in the record-of-rights may be granted by such officers and on payment of such fees as may be prescribed
95. Subject to such rules or payment of such fee, if any, as may be prescribed, all maps land records shall be open to inspection by the public during office hours, and certified extracts therefrom or certified copies thereof may be given to all persons applying for the same.
CHAPTER IX BOUNDARIES, BOUNDARY MARKS AND SURVEY MARKS
96. (1) The boundaries of all villages shall be fixed and demarcated by permanent boundary marks.
(2) The Chief Commissioner may, in respect of any village, by notification, order that the boundaries of all survey numbers or plot numbers shall also be fixed and demarcated by boundary marks and where such boundaries have been fixed and demarcated by boundary marks it shall be lawful for the Chief Commissioner to assess all charges incurred thereby on the holders of the survey numbers or plot numbers, as the case may be, or other having an interest therein.
(3) Such boundary marks shall, subject to the provision hereinafter contained, be such specification and shall be constructed and maintained in such manner as may be prescribed
(4) Every holder of land shall be responsible for the maintenance and repair of the permanent boundary and survey marks erected thereon.
97. All disputes regarding boundaries of village, and boundaries of survey numbers and plot numbers where such boundaries have been fixed under the provisions of section 96, shall be decided by the Deputy Commissioner after local inquiry at which all persons interested shall have an opportunity of appearing and producing evidence
98. (1) When a boundary has been fixed under the provisions of section 96 the Tehsildar may summarily eject any person who is wrongfully in possession of any land which has been found not to pertain to his holding or to the holding of any person through or under whom he claims.
(2) Where any person has been ejected from any land under the provisions of sub-section(1), he may, within a period of one year from the date of ejectment institute a civil suit to establish title thereto:
Provided that the Tehsildar or any other revenue officer shall not be made a party to such suit.
(3) The Tehsildar may at any time after the passing of decree in the civil suit, if any, make any order for redistribution of land revenue which, in his opinion should be made as a result of the decree and such redistribution shall take effect from the beginning of the revenue year following the date of the order.
Penalty for neglect to furnish information Certified copies Maps and other records open to inspection 22 Demarcation and maintenance of boundary lines
99. (1) Every holder of land adjoining a village road, village waste or land reserved for community purposes, shall at his own cost and in the prescribed manner-
(a) demarcate the boundary between his land and the village road, village waste or land reserved for community purposes adjoining it by boundary marks, and
(b) repair and renew such boundary marks from time to time.
(2) If the holder fails to demarcate the boundary or to repair or renew the boundary marks as required by sub-section (1), the Tehsildar may, after such notice as he deems fit, cause the boundary to be demarcated, or the boundary marks to be repaired or renewed and may recover from the holder the cost incurred thereby.
(3) In the event of any dispute regarding the demarcation of the boundary or the maintenance of the boundary marks in proper state or repair, the matter shall be decided by the Deputy Commissioner whose decision thereon shall be final.
Explanation- For the purposes of this section “village road” means a road which bears an indicative survey number or plot number.
100. (1) After the end of November in each year, the patwari of the village shall give written notice to every holder on whose land the boundary or survey marks are defective calling upon him to put them into proper repair before the first day of March next following.
(2) After the first day of March in any year, the Tehsildar or any other revenue officer specially empowered in this behalf by the Chief Commissioner may cause any defective boundary or survey marks with respect to which a notice has been given under sub-section (1) to be properly repaired and shall recover the cost of such repair from the holder or holders responsible for the maintenance of such boundary or survey marks, together with a penalty which may extend to one rupee for every boundary mark of survey mark so repaired.
101. Where no order has been made by the Chief Commissioner under sub-section (2) of section 96 the Tehsildar or any other revenue officer specially empowered in this behalf by the Chief Commissioner boundaries of a survey number or of a sub division or of a plot number and construct boundary marks thereon and recover the cost of such demarcation and construction from the applicant.
102. If any person willfully destroy or injures , or without lawful authority, removes boundary or survey mark lawfully constructed, he may be ordered by the Tehsildar or any other revenue officer specially empowered in this behalf by the Chief Commissioner to pay such fine, not exceeding fifty rupees for each mark so destroyed, injured or removed, as may in the opinion for each mark so destroyed, injured or removed, as may, in the opinion of the Tehsildar or such other revenue officer, be necessary to defray the expenses of restoring the same and or rewarding the information, if any,
103. Any person who encroaches upon, or causes any obstruction to the use of a, recognized road, path or common land of village shall be liable, under the written orders of the Tehsildar and standing the facts and circumstances of the case, to a penalty which may extend to fifty rupees.
Enforcement of repair of boundary or survey marks.
Demarcation of boundaries of survey number or sub division or plot number Penalty for destruction , injury or removal of boundary or survey marks Penalty for obstruction of way, etc.
23 Survey officers Powers of survey Officers as to erection of boundary marks Decision of disputes Record to be prepared in survey operation Preparation of new records-ofrights Attestation of entries and decision of disputes
104. If the Tehsildar finds that any obstacle impedes the free use of a recognized road, path or common land of a village he may order the person responsible for such obstacle to remove it, and, if such person fails to comply with the order, may cause the obstacle to be removed and may recover from such person the cost of removal thereof.
105. Any person who encroaches or causes any obstruction under section 103 may be required by the Tehsildar to execute a personal bond for such sum not exceeding five hundred rupees, as he may deem fit, for abstaining from repetition of such act.
CHAPTER X REVISION OF MAP AND RECORDS
106. (1) If the Chief Commissioner is of opinion that in local area general partial revision of the records, or a resurvey, both, should be made, he shall issue a notification to that effect.
(2) Every such local area shall be held to be under record or survey operations or both as the case may be, from the date of the notification until the issue of another notification declaring the said operations to be closed therein.
107. The Chief Commissioner may appoint an officer, hereinafter referred to as the “survey officer” to be in charge of the local record or survey operation, or both, as the case may be, in any local area and officers shall exercise all the powers conferred on them by or under this Regulation so long as such local area is under record or survey operation or both.
108. When any local area is under survey operations the survey officer may issue a proclamation directions all the tenants and occupiers of land thereon to erect, within fifteen days of such proclamation, such boundary marks as he may think necessary to define the limits of their fields; and in default of their complying within the said period, he may cause such boundary marks to be erected, and this Deputy Commissioner shall recover the cost of their re-erection from such tenant and occupiers.
109. In case of any dispute concerning any boundaries the survey officers shall decide such dispute in the prescribed manner.
110. When any local area is under survey operations the survey officer shall prepare for each village therein a map and field book, which shall thereafter be maintained by the Deputy Commissioner as provided by or under this Regulation, instead of the map and field book previously maintained.
111. When any local area is under record operations the survey officer shall frame, for each village therein, the records specified in Chapter VIII of such of them as the Chief Commissioner may direct, and the record or portion thereof so framed shall thereafter be maintained by the Deputy Commissioner, instead of the record of portion of the record previously maintained.
112. All undisputed entries in the record-of-rights shall be attested by the parties interested, and all disputes regarding such entries, whether taken up by the survey officer on his own motion or upon application by any party interested, shall be disposed of by him.
Removal of obstruction Execution of bond for abstaining from repetition of certain acts Notification of record operations 24 Presumption as to entries Land revenue first charge on land Date on which land revenue falls due and is payable
113. All entries in the record-of-rights prepared in accordance with the provisions of this Chapter shall be presumed to be correct until the contrary is provided and all decisions under this Chapter in cases of dispute shall, subject to the adjudication of rights by a civil court having jurisdiction, be binding on all revenue courts in respect of the subjectmatter of such dispute; but no such entry or decision shall affect the rights of any person to claim an establish in civil court any interest in land which requires to be recorded in the record-of-rights prepared under section 83.
CHAPTER XI REALISATION OF LAND REVENUE
114. The land revenue assessed on any land shall be first charge on that land and on the crops, rents and profits thereof.
115. (1) The land revenue payable on account of a revenue year shall fall due on the first day of that year.
(2) The payment of land revenue may be made in cash or may, at the cost of the remitter be remitted by money order on of before such date, in such installments (if any) and to such persons as may be prepared.
(3) Any period elapsing between the first day of the revenue year and any date prescribed for the payment of land revenue shall be deemed to be a period of grace, and shall not affect the provisions of sub section (1).
116. Any land revenue due and not paid on or before the prescribed date becomes therefrom an arrear, and the persons responsible for the payment thereof become defaulters.
117. (1) Where any person prescribed under sub-section (2) of section 115 receives payment from any other person on account of land revenue or an account of any sum of money recoverable as an arrear of land revenue shall grant a receipt to such other person for such sum in the prescribed form.
(2) If any person fails to give receipt as required by sub-section
(1), such person shall, on application by the payer, be liable by an order of the Tehsildar to pay a penalty not exceeding double the amount received.
118. If any installments of land revenue or any part thereof is not paid within one month after the prescribed date, the Sub-Divisional Officer may, in the case of willful defaulter, impose a penalty not exceeding ten percent of the amount not so paid.
Provided that no such penalty shall be imposed for the nonpayment of any installment, the payment of which has been suspended by an order of the Chief Commissioner, in respect of the period during which the payment remained suspended.
119. The Chief Commissioner may, in accordance with the rules made under this Regulation, grant a remission or suspension of land revenue in areas in which crops have failed in any year.
Definition of “arrear” and “defaulter” Persons receiving land revenue to give receipt Penalty for default of payment of land revenue Remission or suspension of land revenue on failure or crop 25 Cost recoverable as past of arrear Enforcement of process in other districts Payment under protest and suit for recovery
120. (1) A statement of account, certified by the Deputy Commissioner or the Tehsildar shall, for the purpose of this Chapter, be presumed to be correct statement of the arrears of land revenue payable to Government or its amount, and of the person who is the defaulter, until the contrary is proved.
(2) No notice to the defaulters shall be necessary before drawing up the statement referred to in sub-section (1).
121. The Tehsildar or Naib-Tehsildar shall cause a notice of demand in the prescribed form and containing the prescribed particulars to be served on any defaulter before the issue of any process under section 122 for the recovery of an arrear of land revenue.