RECORDS-OF-RIGHTS

Introduction:

The record of right is maintained in every estate. It gives various information about the particulars land. The assessment of land revenue payable, disputes regarding land are determined in the light of record of rights. Record of right is collection of various revenue papers regarding an estate. It is maintained in every village and contains information about revenue matters rent payable, cessess, names of landowner and tenant, their obligation and right, etc.

Records of rights are necessary in land revenue system:

Government always claimed a share in the produce of the land from the persons whose permanent right to occupy and tillage is recognized.

The share of the government is called “land revenue”. The first step towards the creation of the private proprietary right in the land in the real sense was to place such a limit on the demand of the government as would leave to the proprietors a profit after defraying the cost of cultivation, which would constitute a valuable property, in that land .

Valuable property in land being so created, it becomes necessary to determine to whom these benefits belonged.

Likewise there was the necessity of record which would show the personal responsibility for the payment of the land revenue to the government. Hence the necessity for the records of rights in land.

Accurate records of rights is necessary for a sound system of assessment  and collection of land revenue, in its absence it would be impossible to determine who is liable for the payment of the revenue over any particular land, and it would be difficult to settle any disputes between various claimants to that land. Under the present land revenue act presumption of truth attached to the entries in the record of rights.

Object of record of rights:
The primary object of record of rights is the collection of land revenue from the person who is liable to pay such amount under the land revenue act.

Documents included in the Records of rights:

Section 39 of the land revenue act 1967

Records-of-rights and documents included therein: (1) Save as otherwise provided by this Chapter there shall be a record-of-rights for each estate.

(2) The record-of-rights for an estate shall include the following documents, namely:-

(a) Statements showing, so far as may be practicable–

(i) The persons who are land-owners, tenants or who are entitled to receive any of the rents, profits or produce of the estate or to occupy land therein;

(ii) The nature and extent of the interests of those persons, and the conditions and liabilities attaching thereto; and

(iii) The rent, land-revenue, rates, cesses or other payments, due from and to each of those persons and to Government;

(b) A statement of customs respecting rights and liabilities in the estate;

(c) A map of the estate; and

(d) Such other documents as the Board of Revenue may, with the previous approval of Government, prescribe.

Comments:

Government always claims a share in the produce of the land from the persons whose permanent right to occupy and tillage is recognized. Accurate record-of-right is necessary for a sound system of assessment and collection of Land Revenue.

It consists of:

·        The detail of persons who are Landowners or entitled to receive the rent or enjoy the production of land.

·        Nature and extent of rights of those persons and benefits attached with them.

·        The detail of dues to be paid by these persons either to government or among themselves.

·        Field map of an estate. It is also called Shajra. It is the exact location of fields.

·        Statement of customs respecting rights and liabilities in the estate.

·        Any other documents, which is prescribed by the Board of Revenue to be included in the record-of-right.

Board of Revenue framed rules in 1969 under West Pakistan Land Revenue Act. Rule 30(1) of these rules; prescribe further documents which have been included in record-of-rights.

They are as follows:

(1)                   Preliminary proceedings

(2)                   Genealogical or pedigree tree

(3)                   Index Survey or Khasra Number

(4)                   Alphabetical index of landowners.

(5)                   Alphabetical index of mortgagees.

(6)                   Note of changes in kind of soil.

(7)                   Register haqdaran nakhlistan (where) the nakhlistan is assessed to revenue.

(8)                   Statement of rights in wells and tube-wells.

(9)                   Statement of distribution of waters.

(10)               Statement of rights in water mills.

(11)               Statements of assessments of Land Revenue.

(12)               Order of the Revenue Officer distributing the assessment over holdings.

(13)               Field Book.

Procedure for making records-of-rights

Relevant provisions are includes;

THE PUNJAB LAND REVENUE ACT, 1967

Record of rights

·  39.       Record-of-rights and documents included therein.

·  40.       Making of special revision of record-of-rights.

·  41.       Periodical records.

·  41-A.   Preparation of computerized records.

·  41-B.   Computerized periodical records.

Procedure for making records

·  42.       Making of that part of periodical records which relates to land-owners.

·  42-A.   Report of acquisition of rights.

·  43.       Making of that part of periodical record which relates to other persons.

·  44.       Determination of disputes.

·  45.       Restriction on variations of entries in records.

·  46.       Mutation fees.

·  47.       Obligation to furnish information necessary for the preparation of records.

·  48.       Penalty.

Land Revenue Rules, 1968

Record-of-rights And Periodical Records

·        30. Other documents included in the records-of-rights and periodical records

·        31. Manner in which the Record-of-Rights prepared, signed and attested

·        32. Gist of the order of mutation

·        33. Report regarding cause of delay in mutation cases

·        34. Roznamcha Waqiati to be maintained by the patwari

·        34-A. Collection of mutation fee in cases of registered deeds

·        35. Production of documents or furnishing of information under section 47

·        36. Inspection of Records of Patwaris and grant of certified copies or extracts therefrom

·        37. Inspection of maps and land records filed in the tehsil revenue record room or consigned to the district/sub-divisional revenue record room

·        37-A. Preparation of produce statements and five yearly abstracts of yield

Land revenue act 1967

Section 42:

Making of that part of periodical records which relates to land-owners:

(1) Subject to the other provisions of this Chapter, a person acquiring by inheritance, purchase, mortgage, gift, or otherwise, any right in an estate as a land-owner, or a tenant for a fixed term exceeding one year, shall, within three months from the date of such acquisition, report his acquisition of right to the Patwari of the estate, who shall:

      (a)  record such report in the Roznamacha to be maintained in the prescribed manner;

      (b)  furnish a copy of the report so recorded, free of cost, to the person making the report; and

        (c)   send a copy of the report, within a week of its receipt by him, to the office of the Union Administration within which the estate is situated.

(1-A) A person, acquiring a right in an estate by inheritance, purchase, mortgage, gift or otherwise as a land owner or a tenant for a fixed term exceeding one year, may report his acquisition of the right to the Service Centre Official of the estate, if the report is made within one year or the earlier date, as may be notified by the Board of Revenue after the commencement of operation of the Service Centre of the estate.

(1-B) The Service Centre Official shall enter the report in the prescribed manner and supply a copy of the entry to the person making the report, free of cost.

(1-C) The Service Centre Official shall deliver a copy of the report to the Patwari of the estate in the manner, as may be prescribed, and the Patwari shall record the report in the Roznamacha.

(2)  If the person acquiring the right is a minor or is otherwise unable to report, his guardian or other person having charge of his property shall make the report to the Patwari or the Service Centre Official.

(3)  The Patwari shall enter in his register of mutations every report made to him under sub-section (1) or sub-section (2), and shall also make an entry in the Roznamacha and in the register of mutations respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place, and of which report should have been made to him under either of those sub-sections and has not been so made.

(4)  The report made to the Patwari under sub-section (1) or sub-section (2) or recorded by him under sub-section (3) shall be displayed in such manner as may be prescribed.

(5)  If the Patwari fails to record or to display a report made to him under sub-section (1) or sub-section (2), the person making the report may make the report, in writing, to the Revenue Officer concerned and the Union Nazim of the Union in which the estate is situated, by registered post acknowledgement due and the Revenue Officer shall thereupon cause such report to be entered in the register of mutations.

(6)  A Revenue Officer shall, from time to time, inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which, under the foregoing sub-sections, report should have been made to the Patwari and entries made in that register, and, shall in each case make such order as he thinks fit with respect to any entry in the periodical record of the right acquired.

(7)  Except in cases of inheritance or where the acquisition of the right is by a registered deed or by or under an order or decree of a Court, the Revenue Officer shall make the order under sub-section (6) in the presence of the person whose right has been acquired, after such person has been identified by two respectable persons, preferably from Lambardars or members of the Zila Council, Tehsil Council or Town Council concerned whose signatures or thumb-impressions shall be obtained by the Revenue Officer on the register of mutations.

(8)  An inquiry or an order under sub-section (6) shall be made in the common assembly in the estate to which the mutation, which is the subject matter of the inquiry, relates.

(9)  Where a Revenue Officer makes an order under sub-section (6) in regard to the acquisition of any right, an entry shall be made in the periodical record by the insertion therein of a description of the right acquired and by the omission from such record of any entry in any record previously prepared, which, by reason of the acquisition, has ceased to be correct.

(10)  If within three months of the making of a report of the acquisition of a right under sub-section (1) or sub-section (2), or the recording by the Patwari of an entry in the Roznamacha under sub-section (3) respecting the acquisition of any right, no order is made by the Revenue Officer under sub-section (6), he shall report the cause of delay to the Collector in the prescribed manner.

(11)  The Revenue Officer shall, in the prescribed manner, send or cause to be sent, the gist of an order made by him under sub-section (6), to the person whose right is acquired, and also to the office of the Union Administration in which the estate is situated.

Comments:

The legislature had been very much anxious to evolve such provisions as would minimize the chances of fraud by the interested parties, the revenue officer and Patwaris.

Section 42 to 45 mention the rights, the acquisition or loss of which give rise to an alteration in the periodical records or the records of rights and the mutation procedure connected therewith.

The rights, which give rise to an alteration in the periodical records or the records of rights are as follows:

Rights of person responsible to government for land revenue;

a)      Land owner

b)      Mortgages with possession

Rights of persons responsible to land owners for rent;

a)      Occupancy tenants

b)      Leaseholders

c)      Tenants at will

d)      Tenants for fixed term exceeding one year

Safeguards:

1: The Patwari of the estate, who shall:

      (a)  record such report in the Roznamacha to be maintained in the prescribed manner;

      (b)  furnish a copy of the report so recorded, free of cost, to the person making the report; and

        (c)   send a copy of the report, within a week of its receipt by him, to the office of the Union Administration within which the estate is situated.

2: The report made to the Patwari shall be displayed in such manner as may be prescribed.

3: If the Patwari fails to record or to display a report made to him the person making the report may

a)      make the report, in writing, to the Revenue Officer concerned and the Union Nazim of the Union in which the estate is situated,

b)      by registered post acknowledgement due and the Revenue Officer shall thereupon cause such report to be entered in the register of mutations.

4: the Revenue Officer shall in the presence of the person whose right has been acquired, except in cases of inheritance or where the acquisition of the right is by a registered deed or by or under an order or decree of a Court,

5: such person has been identified by two respectable persons, preferably from Lambardars or members of the Zila Council, Tehsil Council or Town Council concerned.

6: and signatures or thumb-impressions shall be obtained by the Revenue Officer on the register of mutations.

7: An inquiry or an order shall be made in the common assembly in the estate to which the mutation, which is the subject matter of the inquiry, relates.

8: If within three months of the making of a report of the acquisition of a right, or the recording by the Patwari of an entry in the Roznamacha, respecting the acquisition of any right, no order is made by the Revenue Officer, he shall report the cause of delay to the Collector in the prescribed manner.

9: the gist of an order shall, in the prescribed manner, send or cause to be sent by the Revenue Officer;

a)      to the person whose right is acquired,

b)      and also to the office of the Union Administration in which the estate is situated.

It is hoped that by the provision of these safeguards the incidents of fraudulent entries in the register of mutations will be decreased at least if not eliminated altogether.

Case law: 1992 SCRM 1832 (d)

The provisions of the section 42 of the land revenue act 1976 are mandatory. No provision in or the rules framed thereunder exists to show that non-compliance with the said provision by the revenue staff will invalidate the transactions covered by such mutations.

Section 42 A:

Report of acquisition of rights:

(1) After the date specified in sub-section (1-A) of section 42, a person acquiring a right in an estate by inheritance, purchase, mortgage, gift or otherwise as a land owner or tenant for a term exceeding one year, shall, within three months from the date of the acquisition, report the acquisition of the right to the Service Centre Official at the Service Centre of the estate.

(2) If the person acquiring the right is a minor or is otherwise unable to report, his guardian or the person having charge of his property shall make such report to the Service Centre Official.

(3) The Service Centre Official shall enter the particulars of the report and the prescribed document identity in the computerized system, and shall also obtain the signatures or thumb impression of the person making the report.

(4) The Service Centre Official shall, in the prescribed manner, inform the person making the report, about the particulars of the mutation requested, any other documents required for processing the mutation, fee or tax payable, any other prescribed requirements, and the date on which the parties shall appear in the Service Centre for enquiry and order on the mutation by the Revenue Officer.

(5) The Service Centre Official shall publish a copy of the report and other particulars in such manner as may be prescribed.

(6) On the date specified by the Service Centre Official, the Revenue Officer shall, in the prescribed manner, hold enquiry into the correctness of the entries in the report and make such order as he thinks fit with respect to any entry in the computerized periodical record relating to the right acquired.

(7) The Revenue Officer shall hold such enquiry in the immediate presence of the person whose right has been acquired unless the person whose right has been acquired is a legal person or unable personally to attend the enquiry because of the prescribed circumstances, or if the right has been acquired through inheritance, registered deed, or by an order of a Court or any other competent authority.

(8) If the person whose right has been acquired is a legal person or a person who is unable personally to attend the enquiry because of the prescribed circumstances, the Revenue Officer shall hold the enquiry in the immediate presence of an authorized agent of such person.

Section 43:

Making of that part of periodical record which relates to other persons:

(1) The acquisition of any interest in land other than a right referred to in sub-section (1) of section 42 shall:

(a)  if it is undisputed, be recorded by the Patwari in the prescribed manner; and

(b)  if it is disputed, be entered by the Patwari in the register of mutations and dealt with in the manner provided for in sub-sections (6) to (11) of that section.

(2) If a person acquires an interest in land other than a right referred to in sub-section (1) of section 42A,–

(a) the Patwari shall record the interest and send the record to the Service Centre Official in the prescribed manner; and

(b) the Service Centre Official shall enter the record in the computerized land records in the manner, as may be prescribed.

 Section 44:

Determination of disputes:

(1) If during the making, revision or preparation of any record, or in the course of any inquiry under this Chapter, a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue Officer may of his own motion, or on the application of any party interested, but subject to the provisions of section 45, and after such inquiry as he thinks fit, determine the entry to be made as to that matter and record his reasons therefor.

(2) If in any such dispute, the Revenue Officer is unable to satisfy himself as to which of the parties thereto is in possession of any property to which the dispute relates, he shall–

             (a) if he be not below the rank of Assistant Collector of the first grade, ascertain, after an inquiry in which an opportunity shall be given to all the parties to the dispute of being heard and adducing evidence in support of their claims, who is the person best entitled to the property, and shall by written order direct that the person be put in possession thereof, and that entry in accordance with that order be made in the record or register; and

            (b)  if he be below the rank of Assistant Collector of the first grade, report the matter to the Assistant Collector of the first grade, who shall thereupon proceed in the manner provided in clause (a).

(3) A direction under sub-section (2) shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction.

Comments:

Determination of disputes: If any dispute arises upon checking of record or on application, Revenue Officer may of his own motion, determines the entry to be made. Revenue Officer is responsible for:

1.      Making of record.

2.      Revision of record.

3.      Entry in the register of mutation.

Revenue Officer may settle any dispute on his sole discretion but his award cannot supersede the decree of Court, if any.

Case law: PLD 1950 PB.(REV.) 1080

No change in the previous entry should be made by the revenue officer when the reason for change can only be gone into by a civil court.

Section 45:

Restriction on variations of entries in records:

Entries in a record-of-rights or in a periodical record, except entries made in periodical records with respect to undisputed acquisition of interest under section 43, shall not be varied in subsequent records otherwise than by:

(a)    making entries in accordance with facts proved or admitted to have occurred;

(b)   making such entries as are agreed to by all the parties interested therein or are supported by a decree or order binding on those parties; and

(c)    making new maps where it is necessary to make them.

Comments:

Restriction on variations of entries in records: Whatever is recorded in record-of-rights is not liable to change or alteration. There may be undisputed and disputed transfers of interest and so for as undisputed entries are concerned, they cannot be altered. However entries of disputed interests may be changed. These alterations are subject of the following conditions.

They can be altered provided, either:-

1.       When the facts are proved: There may be any situation in which deserving or rightful person is deprived from his legal right. Name of aggrieved person is recorded in record-of-rights provided he proves his right or interest. Such person is required to appear before the authority and provide the proof of his interest. In an instance sons of deceased may deprive their sister against her right of inheritance. Later on they may admit their wrongdoing or she may prove her interest in legacy or bequest. Revenue Officer shall alter the record after getting sufficient satisfaction.

2.       When the Court has issued a decree: Revenue authorities are required by law to give effect to the decree and change entries in accordance with the rights determined. In contrary situation he can be compelled to do so because the decree is considered conclusive proof of the title in property.

3.       When new maps are prepared: New maps are prepared or revised at the time of resettlement. And this settlement takes normally twenty-five years. Revenue Officer can change the old entry with new one. There may be certain matters, which are changed in due course. Every village has Common Land, which is considered the property of all landowners and not an individual. It can be divided among them either equally or proportionately. Methodology once recorded in record-of-rights can be changed after twenty-five years.

Case law: 2000 CLC 814

Person who claims a title through a mutation, burden of proving the transaction embodied in that mutation is upon such person.

Section 46:

Mutation fees:

(1) The Board of Revenue may fix scale of fee for an entry in any record or register under this Chapter and for provision of a copy of any such entry.

(2) Where the scale of mutation fee is fixed at a certain percentage of the consideration or value of land, the consideration or value of the land shall be calculated according to the valuation table notified by the District Collector in respect of the land situated in the locality under the Stamp Act 1899 (II of 1899).

(3) A fee in respect of any entry shall be payable by the person in whose favour the entry is made.

Section 47:

Obligation to furnish information necessary for the preparation of records:

(1) Any person whose rights, interests or liabilities are required to be, or have been, entered in any record or register under this Chapter, shall be bound, on the requisition of any Revenue Officer or Patwari engaged in compiling or revising the record or register, to furnish or produce for his inspection, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.

(2) The Revenue Officer or Patwari to whom any information is furnished or before whom any document is produced in accordance with a requisition 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 over his signature, stating the fact of its production and the date thereof.

Comments:

Obligation to furnish information necessary for the preparation of record: Revenue Officer is responsible to compile record and keep it up to date. Every person who acquires any right or interest is liable to report the matter to Revenue Officer. Patwari shall provide the acknowledgement u/s 47.

Object: the object of this section is to make it possible for the revenue officers to compile correct records of rights and to keep them up to date.

Section 48:

Penalty:

(1) Subject to sub-section (2), a person who neglects to make, within three months from the date of his acquisition of a right referred to in section 42 or section 42-A, the report required to be made or who fails to furnish the information or produce the documents required under section 47, shall be liable, at the discretion of the Collector, to a fine not exceeding five hundred rupees.

(2) If a person acquires a right through a registered document, the Registering Authority shall, in the prescribed manner, make a report of the acquisition of the right to the Patwari or the Service Centre Official.

Conclusion:

Accurate records of rights is necessary for a sound system of assessment  and collection of land revenue, in its absence it would be impossible to determine who is liable for the payment of the revenue over any particular land, and it would be difficult to settle any disputes between various claimants to that land.