THE RECORD OF RIGHTS
[Replaces standing order no.23, original issue dated 19th October,1909, Ist reprint, dated 2nd September, 1912, 2nd reprint, dated 21st September, 1916, 3rd reprint, dated 3rd March, 1921, and 4th reprint, dated 1st June, 1972.]
Chapter XIV and appendices VII and VIII of the Settlement Manual and Chapter X of Land Administration Manual should be read in connection with this chapter.
A- RECORD OF MUTATIONS
Paragraph 372 to 386 of Chapter X of the Land Administration Manual and paragraph 279 to 282 of the Settlement Manual relate to the record of mutations.
7.1 The mutation register is prescribed in sections 33 (3) and 34 of the Land Revenue Act for the entry of every acquisition of any right or interest in an estate as a landowner or assignee, and under section 35 for disputed acquisition of other rights. The mutation register is not a part of the record of rights and its entries do not share in the presumption of truth attached to that record (1934 L.L.T.2). All mutations of rights of ownership including voluntary partitions, shall be entered by the patwari in the register when they are reported to him by the transferee as required by section 34 of the Land Revenue Act, and if not so reported, then as soon as they appear to have been acted upon. When he enters a mutation affecting the shajra nasb the patwari shall not in pencil the number of the mutation against the entry affected. If and when the mutation is sanctioned he shall amend the shajra nasb in red ink in accordance with the mutation order.
7.2 The patwari should, whenever a mutation case is entered in the register, not the serial number and nature of the transfer in pencil in the column of remarks of the jamabandi opposite the appropriate holding. If and when the mutation is sanctioned, he should make the above note in red ink. Serial number of fard badar entries should also be similarly noted and in order to distinguish them from the serial number of mutations the word "badar" should be added. Fard badar entries will thus be referred to as I badar, 1 badar, etc. etc.
7.3 Table:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
name and description of assignee | jamabandi No. of holding | Cultivated | Uncultivated | Total | Revenue assessed | Amount or revenue assigned | if only cash revenue is assigned without specification of lands, state in this column the amount of so assigned | Amount of nazrana due annually from assignee | |
entry to be corrected | |||||||||
Entry to be substituted | |||||||||
Date of order and by whom passed |
The tahsildar will send the jarwana on receipt to the field kanungo of the circle in which the case has occurred, directing him to transcribe the parwana in red ink in the appropriate column of the mutation register of the village concerned, attest the entry as a true copy, and return the parwana with report endorsed to the tahsildar. When the kanungo has done this, the patwari will incorporate the new entry in the next jamabandi and also include in his next list of mutation fees and fee due on the entry.
7.28 With the following exceptions, no mutation of rights can be incorporated in the jamabandi until a revenue officer has sanctioned it by an order record in the mutation register. The jamabandi entries concerning holdings in which mutations have occurred, but on which no orders have been passed will remain unaltered, see also paragraph 7.41 (10) infra. The only entries in the jamabandi for the variation of which in subsequent records no mutation need be entered in the registers, are the following:-
1 | 2 | 3 | 4 | 5 | 6 |
Sr. No. | No. of holding in new Jamabandi | No. of holding in last Jamabandi | Patwari's report | Field Kanungos report | Orders of the attesting officer |
Whenever a clerical mistake is detected in the current jamabandi after it has been finally attested and filed, whether that mistake was originally made in that or any previous jamabandi, the patwari should make the necessary entries about it in the first four columns of the fard badar. His report in the fourth column should be as brief as possible. For instance if any field has been omitted, and if any proprietor's share has been entered as one-half instead of one third, the report should merely state that the share should be one-third and not one-half. The girdawar should, from time to time examine the fard badar entries and enter his own report in column 5 of the fard badar. His report should also be as brief as possible and where he finds that he has nothing to add to the patwari's report, he should merely put his signature in this column. In passing orders upon any fard badar entry the revenue officer should see whether it actually relates to a clerical mistake which, under the present instructions, should be dealt with in the fard badar, and if he finds that it related to such a mistake, he should record an order for the correction of the mistake in question in column 6. Otherwise he should order that the fard badar entry in question should be considered as cancelled. It will not be necessary to hear the parties concerned in connection with the disposal of fard badar entries.
The only clerical mistake in jamabandi entries, orders for the correction of which in a subsequent record should not be obtained on the fard badar, are those which cannot be conveniently described in the fard badar. The difficulty of describing a clerical mistake in the fard badar may, for instance, arise where the mistake relates to the share of an owner whose name enters into several different combination in the jamabandi entry relating to the same holding.
A few blank sheets of the jamabandi sizes will be stitched to the patwari's copy of each jamabandi. When the next jamabandi is prepared a copy of the fard badar attested by the girdwar will be attested to the Government copy of that jamabandi.
The collector and Assistant Collector 1st Grade should examine fard badars from time to time in order to see that the procedure prescribed in connection therewith is properly understood and followed by the subordinate revenue staff.
7.30 When an entry has been incorporated in the jamabandi a mutation should not be entered up or sanctioned for the purpose of correcting it, except to correct a clerical error (Where this cannot be done by a fard badar) or in consequence of a patent fact. The party aggrieved by such an entry must seek his remedy by suit. L.L.T 1934, page 2.
7.31 If a patwari finds, when entering a case in the mutation register or otherwise, that a person whose statement is essential for the disposal of the case, is residing outside the limits of the tahsil, he should write up an interrogatory which may conveniently be in the following form:
Interrogatory in the name of _______________son of ________son of ________, village ________ tahsil ________, Distt ___________ .
1 | 2 | 3 | 4 | 5 | 6 | 7 |
---|---|---|---|---|---|---|
Name of Village with hadbast No. Name of tahsil and Disttrict |
Mutation No. | Brief account of the transfer showing the name of transfers and transferee, the total area of the land transferred the nature and date of transter, and consideration money, etc. etc. | Question with date and signature of patwari and field kanungo | Answers with date and signature of persons giving statement as well as the person identifying (lambardar and that of the official recording the statement) | Order as to complaince with the interrogatory | Reports and orders, after complaince with the interrogatory |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
---|---|---|---|---|---|---|---|
Sr. No. | Name of the village where the land is situated | Nature of alienation and the area, field No. and jamabandi holding Nol of the land alienated and in the case of buidings situated with the limits of a municipal committee, small town committee or notified area committee details of property according to Section 21(2) of the Registration Act. | Amount of the consideration money entered in the deed | Name and residence of person executing the deed | Name and residence of the person to whom the land is alienated | Number and date of the registeration of the deed | Remarks |
Where a deed is not to take effect immediately but after a specified period, this fact should be noted in the column for remarks.
1 | 2 | 3 | 4 | 5 |
---|---|---|---|---|
Sr. No. | No of deed | Name of village | Dated of field kanungo's report returning the Registration memo to the tahsil office | Remarks |
(i) A file should be kept of all invoices received during the year and a fly index will be attached to it in the form usually adopted for miscellaneous files.
(ii) The registration memoranda should then be sent to the filed kanungo, who will distribute them to the various patwaris for entry in their mutation registers in the usual way. The information in the memoranda is sufficient to enable to patwari to enter up the transfer in this register of mutaitons as soon as he receives them without reference to the transferee.
(iii)When the field kanungo hands over the memoranda to the patwari, the latter should make a note of the fact in his diary recording the serial number of the sheet received by him. The entry should be signed by the field kanungo. The patwari will then enter up in his register the mutations detailed in the memoranda and endorse the fact of entry on the memoranda giving the serial number of each mutation and the date of entry. On his next inspection the field kanungo will see that this has been done and after comparing the entries in the mutation registers with the memoranda contains land situated in more than one patwari circle, the field kanungo will take similar action as regards all the circles concerned before forwarding the memorandum to the officer kanungo.
(iv) On receipt of the memoranda from the field kanungo the office kanungo will place them on the file together with the invoice covering them. In the "remarks" column of this he will note the date of receipt. Thus he will be able to detect any delay in the return of the memoranda and bring it home to the responsible official.
7.33 (i) The scale of mutation fee fixed by the State Government under the authority given by section 38 of the Land Revenue Act is stated in Appendix 'B'. The mutation fee shall be recovered by the Revenue Officer at the time of attestation and deposited into the Government treasury.
Mutation fee can be legally levied only from the person in whose favour the mutation entry is made. In the case of a rejected mutation, the revenue officer may remit the fee for any special reason to be specified mutation whose fee is not thus remitted, the order should be recovered. This precaution is necessary in order to ensure that the fee is not recovered from the person from whom it is not legally recoverable.
The portion of the order referring to the recovery of mutation fee may be corrected by the revenue officer who passed the order, by his successor, or by a superior officer, for reason to be recorded in writing.
(i) Rulings regaring fees, Punjab Government letter no 2180-S.Rev.dated 22nd August,1908- The following are rulings of the Financial Commissioners on the subject of the levy of mutation fees:-
(1) separate mutation fees are leviable in respect of each holding created by partition proceedings (including the residuary holding if any part of the original joint holdings is left undivided, and not one fee only for the whole. In the case, however, of the annual recurring partition of shamilat land affected by river action among the several shareholders, only one fee should be levied in respect of the entire holding; and when the converse case occurs and diluviated land held in severally is on recovery treated as shamilat, only one fee of course is leviable.
(2) No mutation fee can be levied from any department of Government for land acquired in the interest of Government. As a corollary to this ruling no fee is leviable on the resumption of revenue free assignments, the mutation in such cases being in favour of Government. Fees should, however be levied on grants o, or successions to, revenue assignments. Local bodies are not exempted from the payments of mutation fees, even when the property is acquired under the Land Acquisition Act.
(3) In cases of exchange of land a fee should be taken from each of the two parties.
(4) No fee should be levied on simple corrections or mistakes in a previous record of rights as no right is acquired. Similarly, no fee should be levied for an entry of change of names provided that it involves no acquisition of any definite right in the estate concerned.
(5) When land which has originally been mortgaged by a registered deed is redeemed, mutation fee if 40 paise should be charged except when the land revenue in respect of this holding is Re. 5 or less the fee shall be 25 paise only. No fee should be charged in respect of redemption of land which is to be sold to the mortgagee soon after the redemption.
(6) Paragraph 7.18 supra directs that a second mortgage should be regarded as a collateral one and given effect to as such, and that subsequently a new mortgage with possession should be sanctioned when the land is redeemed by the second mortgagee from the first one. A mortgages his land in the first instance to 'B' in whose favour a mutation of mortgage with possession is sanctioned. Then 'A' mortgages the same land to 'C' and a mutation of collateral mortgage in favour of C is the result in accordance with the instructions laid down in paragraph 7.18 supra. Subsequently two mutations of redemption in favour of A- one from B and the other from C- followed by a mutation of mortgage with possession in favour of C are entered up, and sanctioned. At present there is a diversity of practice in regard to the levy of mutation fees on such redemptions. In the case of redemption from B in favour of A the mutation fee should be levied from A in accordance with the provisions of section 38 (2) of the Land Revenue Act, while no such fee should be levied in the case of redemption from C as such redemption is only a 'tartibi' one and analogous to the case mentioned in sub-paragraph (5).
(7) Where the number of jamabandi holdings has been artificially swollen owing to the practice of giving each well and separate jamabandi number, only as many fees should be levied on transfers other than by inheritance as there are genuine separate proprietary holdings.
(8) If a holding is transferred in separate parts by different instruments even though executed on the same day, the transactions should be separately recorded in the mutation register, and a separate fee should be levied for each transaction.
(9) where a mutation fee is to be levied in respect of a holding of which the revenue is fluctuating, the mutation fee should be calculated on the total of the kharif and rabi assessments of the agricultural year during which the transfer took place. If this however, is the current year and the rabi assessment has not been made at the time of attestation, the fee should be calculated on the assessments of the preceding year.
(10) No mutation fee is leviable in the case of a mortgage of land to Government or in the case of the redemption of such a mortgage.
(11) A separate mutation fee should be levied for the shamilat holding where a transfer includes a share of the shamilat.
(12) No mutation fee is leviable on the entry of the neme of a posthumous child.
7.33 Preparation of list of village wise mutation fee - Every year in the month of September the patwari should prepare for each village in his circle, a list of the fees due on mutations attested during the past year. After the field kanungo has completed the check prescribed by paragraph 7.36 infra the patwari will, after revising the list, if necessary, submit it to the Tahsil office through the field kanungo.
7.35 Deleted.
7.36 Entry of fees in lists - order to secure the correct entry and collection of mutation fees, the patwari when preparing the list referred to in paragraph 7.38 (v) infra, will enter in red ink over the serial number of each mutation (column 4 of the lists) the amount of the fee according to the mutation sheets, and at the bottom of column 4 will enter the total demand of the village. It is the duty of the field kanungo when checking jamabandis in the tahsil (see paragraph 7.61 infra), carefully to check these entries with the original sheets of accepted and rejected mutations, and to certify that they are correct. Any mistake discovered by the field kanungo should be communicated by him at once to the patwari who will then complete the lists referred to in paragraph 7.34 supra.
7.37 Officer kanungo's statement of mutation fees Financial Commissioner's circular no.72 of 1886 – As soon as the field kanungo's check is completed the officer kanungo will prepare a statement in duplicate in the form below:-
TAHSIL: _______________
Statement of account of mutation fees
for the year Kharif 19__ and rabi ______
Number of Mauza
Name of Mauza
Total mutations fees of each estate
Explanation: Give against each mauza only the total sum.
One copy of the statement should be sent by the tahsildar to the Collector as soon after the end of September as possible for inforporation in the Running Register. [see paragraph 29(12)(g) of standing order no.31]. The other copy should be over the tahsil wasil baqi navis in whose custody it will remain. It will then be the duty of the tahsil wasil baqi navis to see that the fee collected by the Revenue Officer and credited in the tahsil account tallies with this statement.
7.38 Disposal forms containing mutation orders - The fillowing instructions prescribe the methode of disposal of forms containing mutation orders:
(i) Each patwari will be provided with two counter-foil registers, the one for accepted,the other for rejected, mutations. This register will be in the following form in duplicate, except that the last column will only be in the foil:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
---|---|---|---|---|---|---|---|---|
Hadbast No. and name of village | Sr. no of batch for the current year for the village shown in column 1 | date of order | Total no of mutations | No. of Mutation sheets | Sr. No of Mutation | Signature of Patwaris | Signature of attesting officer | Date of receipt in tahsil with signature of office kanungo. |
(ii) On each occasion that he attests the mutations of a village, a revenue officer should have the mutation sheets, on which orders have been passe, arranged in serial order in two bundles, the one of accepted, the other the patwari to enter the necessary particulars in the registers aforesaid. The foils should then be detached from the counterfoils and affixed as indices to the two boundles, each of which should be stitched together with stout thread.
(iii) The boundles of sheets should then be despatched, or personally made over by the attesting officer to the tahsil officer kanungo. Attesting officers are responsible for the safe custody of the sheets until they are so made over and should be very careful to prevent their loss.
(iv) On receiving the sheets the office kanungo will check them with the indices, sign the latter and then place both sheets and indices in an almirah, where he will arrange them in files by field kanungos' circles and betweenthe boards tied round with tape or string. Within these boards the sheets should be arranged by patwaris' circles those of each village being placed together along with their incices in the order in which they reach the office kanungo. The files of accepted and rejected mutations in each field kanungo's circle should be kept distinct and on separate shelves.
(v) After June 15th the patwari should prepare two lists in the form below of all mutations attested during the year for each village in his circle. One list will show accepted, the other rejected mutations.
1 | 2 | 3 | 4 | 5 | 6 | 7 |
---|---|---|---|---|---|---|
Hadbast No. and name of village | Total no. of mutations | Total No. of sheets | No. of mutations in serial order | Signature of patwari | Signature of tahsil office kanungo | Remarks |
(vi) On receipt of these lists the office kanungo should compare them with the mutation sheets in his sutody, arrange the latter in their serial order, remove and destrov their indices, sign the lists in column 6 in token of their correctness and attach them to the boundles of sheets to which they refer.
(vii) As soon as a jamabandi is filed, the office kanungo should make over the accepted mutation sheets of the village in question to the field kanungo and take his receipt in the last column of the list which is attached to those sheets and which he will retain. The sheets will then be attached by the field kanungo to the jamabandi.
(viii) The list containing the receipts of the field kanungo should be made into kuliat files, one for each field kanungo's circle. Each file should be indexed and the lists which it contains should be arranged by the serial order of the hadbast numbers of the villages to which they relate. The files should be destroyed after five years, that is, after the next detailed jamabandi have been prepared.
(ix) The rejected mutations sheets of any village for which a jamabandi has been prepared should be sent to the district record room along with the jamabandi and the lists attached to them. These sheets should be kept in the Land Record Office for twelve years and then destroyed.
7.39 Petitions and exhibits should be returned to the parties by the attesting officer. If depositions are taken by commission the essential part of them should be very briefly incorporated in the attesting order so that the mutation sheet be complete in itself. Any papers which cannot be returned should remain attached to their proper mutations. When the jamabandi of any village if filed the miscellaneous papers should be removed from the sanctioned sheets of mutations and made into distinct files one for each kanungo's circle. These shold be kept with the files mentioned in paragraph 7.38 (viii) supra and destroyed them after 5 years. Miscellaneous papers attached to sanctioned mutations relating to the investigation of benami transactions, together with the benami files, should however be preserved as permanent records and filed in the General Record Room.
7.40 Form of jamabandi with instructions, Land Revenue Rules 72 - The form of the jamabandi is as follows:-
1 | 2 | 3 | 4 | 5 | 6 | 7 |
---|---|---|---|---|---|---|
khewat No. | khatauni no. | Name of patti or taraf; with name of jamabandi and revenue | Owner, with description | Cultivator, with description | Well or other | Field numbers |
8 | 9 | 10 | 11 | 12 |
---|---|---|---|---|
Area and classification of land | Rent paid by cultivator rate nad amount | Share or measre of right and rule of bachh | Demand with detail of revenue and cesses | Remarks |
Note: The form may be altered with the sanction of the Financial Commissioner to meet the requirements of any particulars district or tract. For canal colonies in particular a special form will generally be found necessary (see the form given in paragraph 7.45 infra), and in other districts it may prove advisable to effect minor alterations. A column may, if necessary, be added for "date-trees liable to assesment". In tracts under fluctuating assessment this form may be used or the alternative form given in paragraph 7.44 infra, as may appear more suitable. In the case of urban lands to which the Land Revenue Act applies, the ordinary form should be adopted, but it should be divided into two parts, namely, (a) for agricultural (zarai) and (b) for urban (sakni) lands.
Special Instructions Relating to The Jamabandi
7.42 Land owned by Government - All land owned by Government should be entered in one place after the village common. All land permanently appropriated for public purposes since the date of the last settlement should be entered thus -
(1) Where land belongs to the department of the State Government the words "State Government" should be recorded in the column of ownership. Where land belongs to a department of the Government of India, the words "Central Government" should be entered in that column.
(2) In the occupier's column the name of the department which has charge of the land e.g., Deputy Commissioner, Canal Department, Executive Engineer, Northern Railway, Postal Department, Defence Department etc.
(3) In lieu of soil entries, state the purpose to which the land is applied, e.g., encamping-ground, sarai, canal, rajbaha, bungalow, etc.
(4) When nazul or other Government property is vested in a local body, or is otherwise in its possession, such property should be described as "State Government or Central Government as the case may be maqbuza Zila Parishad or [Cantonment] Board" or as the case may be. But property acquired by a local body. In order to guard the interests of Government, no mutation of any new acquisition or mutation or any new acquisition or of sale of property owned by a local body should be made without the order of the Collector.
Concerning land occupied by Government at the date of last settlement which Government still holds, the entries of the last settlement in the column of ownership will be repeated unaltered. The columns of occupancy and description of land will be filled up as above directed.
If the land is occupied only temporarily, as for instance, the approach to a ferry, the names of the owner and hereditary tenants will usually be continued, and separate numbers need not be made. Government possession can be described in the column of remarks.
7.42-A Land held by Government on lease for specific purposes- In connection with the making of entries in the jamabandi on the basis of the mutations, referred to in paragraph 7.11-A, the following instructions are issued:-
(i) The entries in column 4 (owner) of the jamabandi should remain unaffected.
(ii) In column 5 (cultivator) the department of Government, for whose operations the lease has been effected, should be shown as lessee and the land-owner as lessor.
(iii) In column 9 (rent), the entry should be " rent at owner's rate on account of the construction and maintenance of (.................... here specify the purpose of the lease)."
7.43 A note should be added at the end of the jamabandi stating briefly what changes have been made in the soil entries, and where the changes are important, explaining the reason for making them. This note should be signed by the kanungo and by the naib-tahsildar or tahsildar.
7.44 Alternative form of jamabandi for fluctiating assessment referred to in the note to the form in paragraph 7.40 supra.
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Khewat No | Khatauni No. | Name of Well and patti | Owners, with description | Cultivation with description | Khasra number | Area of field and total of holding | Class of land and rate | Name of canal and area irrigated in each field, with details of flow and lift |
10 | 11 | 12 | 13 | 14 | 15 | 16 |
Crops | Rent | Demand kharif 19 Rabi, 19 | Remarks | |||
Kharif | Rabi | cash | Kind | Revenue | Cases | |
7.45 Alternative form of jamabandi for colony towns and chaks referred to in the note to the paragraph 7.40
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Sr. No | Khewat No. | Khatauni No, | Name of lambardar with revenue | Name of owner with description | Name of tanat with description | Name of Owner of building meterial with description | Name of rent payer with description | No of block |
10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 |
Field no. or site no. | Area according to the registered deed or according to the original contract | prestent area | Purpose for which the land was orriginally alloted | Purpose for which it is being used | Rent annually paid by the occupier | Class of ahata | Rate of revenue impossed | Demand with details of revenue and cesses | Remarks |
7.51 Classes of irrigated land - Land which is cultivated with the aid of irrigation :- In note 14 appended to the khatauni form (appendix VII of the Settlement Manual), it is directed that all land irrigated regularly from a sell should be classed as chahi, and that all land irrigated regularly from a canal should be classed as nahri. And it is explained that the actual area of crops irrigated in each case will not appear from the khatauni entries, but from the crop returns. The distinction herein contemplated is further explained in paragraph 260 of the Settlement Manual. The limits of the land permanently served by each well or canal distributary having once been ascertained and indicated in the field map, the same caution should be observed in changing these entries as is directed above with respect to the alteration of classes of barani land. Ordinarily no such change need be attempted except in the year of quinquennial attestation, and in carrying out these changes care should be taken that lands once classed as irrigated be not classed as barani nor barani as irrigated unless a permanent change of this nature has occurred.
7.52 Deleted.
7.53 Land which is not cultivated - This land is described in the village papers either as unculturable waste (ghair mumkin), or as old waste (banjar kadim), or as new waste (banjar jadid). For the meaning of these terms, the instructions appended to the khasra girdawari (chapter 9), and paragraph 267 of the Settlement Manual may be consulted.
When waste land of either of these three classes is cultivated, or when cultivated land is so injured as to make it unculturable (e.g. by the action of river or torrents), there is no difficulty in showing the change at once in the annual jamabandi or diluvion paper.
The entries connected with the changing of cultivation into banjar jadid into banjar jadid and of banjar jadid into banjar kadim are less easily carried out with accuracy. Such changes, therefore, should not be shown in an annual jamabandi or in diluvion or fluctuating assessment paper but in the next detailed jamabandi.
7.54 Jamabandis, how and when to be prepared - Paragraph 388 of the Land Administration Manual shows why detailed jamabandis are, as a rule, only prepared every fifth year. The should be written on paper of A quality. The are prepared for those estates or parts of estates in each year in which the Collector directs that a detailed jamabandi should be prepared, and they are ordinarily prepared annually in one-fifth of the villages in a district. They should contain every field entry in full. For these villages quinquennial returns (see chapter 10) should be compiled.
A table should be given to each field kanungo, showing the arrangements approved for the preparation of a detailed jamabandis for each patwari's circle in his charge, this table being so arranged that the work of each year shall cover about one-fifth of the kanungo's whole circle.
As regards villages under fluctuating assessment, special permission has been given in certain districts by which the preparation of annual jamabandis is dispensed with unless it is required for purposes of the fluctuating assessment. The principle approved of is that when special records have been prescribed which suffice for purposes of fluctuating assessment, annual jamabandis are unnecessary.
In villages subject to diluvion, if the diluvion rules of the district prescribe the preparation of a record which enables us to dispense with an annual jamabandi, it is unnecessary to insist on its preparation in a year other than that of the quinquennial attestation. If such rules, however, are not sufficient for this purpose, it would only be necessary to prepare a detailed revised jamabandi for those holdings which are affected by river action. In such cases the patwari will prepare two copies of the revised jamabandi of the holdings affected, one copy to be retained by him, and the other sent to the tehsil to be placed with the last detailed jamabandi filed in the district office.
7.55 Necessary of preventing errors, etc., in the khasra girdawari - Thus for a large portion of the district no jamabandi will be prepared for one, two, three or four years, and certain precautions are therefore necessary to avoid errors and preventing the patwaris from tempering with the entries in the khasra girdwari or other papers. The instructions issued for this purpose are contained in chapter 9.
7.56 Mutation occurring up to 15th June to be incorporated in the jamabandi, Financial Commissioner's circular No.30, dated 4th December, 1909 - Tahsildars and Nai-tahsildar must, without neglecting record work in other villages, pay special attention to estates for which new detailed jamabandi are to be drawn up. All mutations upon which final orders have been passed up to 15th June inclusive or any later date approved by the Director of Land Records are incorporated in the jamabandi. Every effort should be made to have all mutations which have occurred up to that date entered in the register and attested by that date.
The Tahsildar or Naib-tahsildar in charge of the circle in which any estate for which a jamabadi is to be drawn up is situated, must visit the estate in the cold weather before the middle of January, and, as far as possible, attest all lpending mutations. All attestations of mutations during the nine months preceding the drawing up of a new detailed jamabandi must be carried out in the village itself. At his first visit to the estate in the cold weather the tahsildar or naib-tahsildar should see that the patwari and kanungo have arranged their work so as to carry out the instructions in the next paragraph.
7.57 Preparation for the drawing up of new jamabandi, Financial Commissioner's circular No.30, dated 4th December, 1909 - Preparations for the drawing up of a new jamabandi should be started by the patwari and field kanungo in the cold weather, and if possible, in all the estates concerned before the middle of January. The should together visit each estate for which such a jamabandi is to be prepared and by enquiry from the right-holders ascertain whether any changes have occurred which have not been brought to record. The patwari should, in the presence of the kanungo (whoshould have the patwri's copy of the genealogical tree open before him), read out to the people the entries in the existing jamabandi, and note changes in pencil in the remarks column, and the necessary entries in the mutation register. The kanungo should bring the genealogical tree up to date and should check the entries in the mutation register with the jamabandi and note that they agree. He should help the patwari to prepare a list of field which require amendment. The patwari should later make tracings in pencil of such portion of the village may as required to be amended.
7.58 Rabi Girdawari of estates of which jamabandis to be prepared. Financial Commissioner's circular No.30, dated 4th December, 1909 - At the rabi girdawari the patwari must take up first the estate or estates for which a detailed jamabandi is to be drawn up, and be very careful to note all changes and fresh cases requiring mutation orders. If the work described in the last paragraph has been properly done the new entries in the mutation register should be few in number. They should be made before the harvest inspection of the next village is started. As soon as the crop inspection of the estate for which a new jamabandi is to be prepared is finished, the patwari should sent notice to the tahsil.
7.59 Attestation of almutations before the 15th June, Financial Commissioner's circular No. 30, dated 4th December, 1909 - After receiving this notice the naib-tahsildar or tahsildar concerned must visit the estate as soon as possible, but in any case before the 15th of June, or the date approved by the Director of Land Records, and attest all pending cases.
7.60 Preparation of the jamabandi - The jamabandi should be prepared in duplicate and one of the copies should eventually filed in the district office and the other retained by the patwari. In the months of June, July and August the field kanungo should pay special attention to the detailed jamabandis which are being prepared by his patwaris. He should attest all the entries holding by holding, in the presence of the zamindars concerned and see that due effect has been given to the mutations on which final orders have been passed by the 15th of June or the date approved by the Director of Land Records. His attestation should be made on the copy which has eventually to be filed in the district office. This copy should contain his report to the effect that he has duly attested it, a list of errors discovered and alterations made being added in the kanungo's handwriting. A copy of this report signed by the field kanungo should be atteched to the patwari's copy of the jamabandi. Any alterations that may be found to be necessary should be made at once in red ink by the kanungo in both copies of the jamabandi and signed by him. He is personally responsible that the patwari's copy tallies in all respects with the other copy. Fairing of the jamabandi by the substitution of a new page for one on which corrections have been made is absolutely forbidden.
7.60-A. Deleted.
7.61 Filing of jamabandi in the tahsil - The patwari should give the first copy of the jamabandi to the office kanungo at the tahsil not later than September 7th, or any subsequent date approved by the Director of Land Record due to special circumstances, provided such date does not exceed 6 months from 7th September. During that month the field kanungo, with a view especially to see that the changes based on mutations have been properly incorporated and that the statistical statements filed with the jamabandi are correct, should again check the latter at the tahsil, following the same procedure as before, that is, he should himself make a copy of the list of the errors discovered and the alterations made at this inspection and sign it. This copy should be handed to the patwari who whould stitch it into the duplicate jamabandi and make the necessary alterations in the latter. The field kanungo at his next visit to the patwari's circle should see that the patwari has done this and initial all the alterations made.
7.62 Check of detailed jamabandis by revenue officers - The tahsildar or Naib-tahsildar in charge of the circle in which the village lies shall make his final attestation on the spot and shall observe the following instructions:-
(1) At least 25 percent of the khatauni holdings should be read out on the spot and in the presence of the assembled right-holders,
(2) At least 25 percent of the mutations attached to the jamabandis should be compared with the khewats concerned,
(3) At least 25 percent of the khewat holdings should be compared with the old jamabandis,
(4) At least 25 percent of the khewat entries in the original copy should be compared with the corresponding entries in the patwari's copy of the jamabandi.
The number of the field of the fields, the tatima shairas of which have been attested, must be specified as also that of the unattested mutations entered before the 16th June or the date approved by the director of Land Records; of these there should be as few as possible. This check must usually be carried out in the cold weather months between the end of the kharif and the begining of the rabi girdawari. For the purposes of this check the revenue officer should take with him the copy of the jamabandi which has been filed in the tahsil, and he should record on this the report of the attestation and a list of mistakes discovered and alterations ordered. The report should specify what and how many entries were attested by personal enquiry from the right-holders and when and where the attestation was made. A copy of the report sighned by the tahsildar or naib-tahsildar as the case may be should be attached to the patwari' copy of the jamabandi. Any alterations that may be found to be necessary should be made in both copies of the jamabandi and initialled by the revenue officer under whose orders they are made. When this has been done, the revenue officer should fill in two copies of the final attestation slip in the form given below and attach one copy to each of the two copies of the jamabandi:-
Final attestation of jamabandi for the year 19 __, village ________,
tahsil ___________ District _________________
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Date of attestation | Place of attestation | Khatas attested | Verification of mutation orders incorporated in the jamabandi | Khatas checked with the previous jamabandi | khatas compared with patwari current copy of jamabandi | Khasra nos. of which tatimas were checked on the spot | khasra nos. of which tatimas were checked with reference to their incorporation in part tahsil map | Mutation entered but not attested before 15th June | Remarks |
I certify that all necessary corrections have been made and that this jamabandi is correct and complete in all respects, except as regards mutations shown in cloumn 8 and other transfers discovered to have taken place before 15th June last and referred to in the memorandum attached to the jamabandi.
Dated :________________.
Assistant Collector.
If any part of the local attestation can be done adequately in the hot weather before the jamabandis are filed in the tahsil, so much the better, but in that case a further check must be made to see that the kanungo has carried out properly the instructions in paragraph 7.61 supra and the final certificate of correctness alluded to above must not be given until the second check has been carried out. A revenue officer superior in rank to the tahsildar or naib-tahsildar should note the result of his attestation on the spot, of a jamabandi on the copy to be eventually filed in the district office and attach a copy of this note signed by him to the patwari's copy of the jamabandi. He should initial all alterations made in both copies of the jamabandi under his orders. The result of any examination of jamabandis made by such officer in the tahsil office should be entered in the minute book of the tahsil and not on the jamabandis examined by him. The district kanungo should note the result of his attestation of a jamabandi in his diary and not on the jamabandi itself.
7.63 Appellate orders - When an order is passed in appeal, on review or revision after the 15th June, a note in red ink should be made on the original mutation sheet by the district kanungo if the jamabandis are at sadr or by the office kanungo if the jamabandis are in teh tahsil office. The field kanungo of the circle will make a similar note on the patwari's copy of the mutation order. If the jamabandi entries are not in accordance with the order finally passed on appeal, review or revision, the patwari should be instructed to enter a mutation by way of correction of the jamabandi and this mutation will be given effect in the jamabandi prepared at the subsequent quinquennial attestation. No fee will be charged.
PART – E
INSPECTION OF REVENUE RECORDS AT THE TEHSIL OFFICE
8.10 Thorough test of the work of the land records agency at tehsils - The work of the land record agency should be thoroughly tested at the half-yearly inspection of the tehsil offices prescribed in standing order No.14 and in paragrph 236 of the Land Administration Manual. A statement of the chief points requiring Manual . A statement of the chief points requiring attention at the inspection of the tehsil office kanuno's work is given in annexure F to this chapter. The inspecting officer should thoroughly scrutnise the mutation work of the tehsildar , naib-tehsildar and any extra naib-tehsildar who has been employed in the tehsil.(Paragraph 381of Land Administration Manual).
PART- F
INSPECTION OF DISTRICT REVENUE RECORD ROOMS AND DISTRICT KANUNGO'S OFFICE
8.11 Quarterly inspections of district revenue record room - In all districts a separate record room called the Land Record Office has been provided for the revenue records proper. This office is in charge of the district kanungo, the assistant district kanungo performing the duties of record keeper. The exercise of constant supervision over this office will be performed by the Officer Incharge of Revenue Branches. The Officer-in-charge must inspect the revenue record room at least once a quarter and the result of all inspections whether occasional ones or those made regularly should be sent to the Deputy Commssioner for information . On return from the Deputy Commissioner the inspection not should be kept by the record keeper.
In order to guide the inspecting officer in this inspection a questionnaire has been drawn up and added as annexure G to this chapter . The inspecting officer is at liberty to direct his attention to such questions only as he may desire or to go beyond the questionnaire if he wishes .
8.12 Inspection of district kanungo's office - The district kanungo's office should be inspected twice a year by the Deputy Commissioner or the Officer Incharge at least one of the two inspections must be carried out by the Deputy Commissioner himself as required by paragraph 1.1 of the District Office Manual. A note on this points to be attented to by inspecting officers will be found in annexure H to this chapter. In the first fortnight of April and October each Commssioner should report to the Financial Commissioner's office giving a list of districts in which the required inspection has not been carried out and stating reason.
PART -G
INSPECTION OF LAND RECORDS BY DISTRICT KANUNGO
8.13 Touring of district kanungo and inspection of patwaris' and field kanungos'work by him - The district kanungo is responsible for the efficiency of both the office and field kanungos and should be in camp inspecting their work for at least 15 days in each month from 1st October to 30th April. His inspections of patwaris' papers while on tour should mainly be directed to testing the work which the field jkanungos have tested . He should see that their check is systematic and comprehensive and that they understand the procedure prescribed for patwaris and insist upon its observance by them . It is no part of his work to attest jamabandis except in so far as this may be necessary to enable him to check the work of field kanungos and in the course of his girdawari inspections he should confine himself as far as possible to checking the entries which the field kanungos have already checked so as to be able to judge how far this check is reliable. It should be clearly understood that it is not intended that on his tours the district kanungo should do the work of an extra field kanungo. His proper function on tour is the supervision and instruction of field kanungos and the checking of their work with a view to corredting and removing errors and defects of procedure etc,. So far as it may be necessaryfor him in pursuance of the above objects personally to check the work of individual patwaris the relevant instructions contained in annexures C and D to this chapter should be done in mind. When inspecting a field kanungo's work, the district kanungo will pay attention to the instructions contained in annexure A. His tours should be be so arranged that he shall test the work of each field kanungo's charge. It is the duty of field kanungo to accompany the district kanungo to accompany the district kanungo during the inspection of a circle except when harvest inspection work is in progress.
8.14 Result of inspection to be recorded in field kanungo's dairy and in his own dairy - The result of each day's inspection shall be written by the district kanungo in red ink in the diary of the field kanungo whose charge is under inspection and the entries shall be copied by the field kanungo in the diary of the district kanungo. Such entries shall always show the numbers of fields inspected, date of testing by field kanungo, the number of those fields of which the entries were found right and the number of fields which the entries were found right and the number of fields of which the entries were found wrong and the general state of the work of the kanungo's charge in progress at the time of his inspection in respect of its forwardness or backwardness. The district kanungo should show in his inspection notes the date of the previous inspection of each field kanungo's circle visited so that inspecting officers may be able to see at a glance whether any circle is not being neglected.
8.15 Inspection of office kanungo's work - Results of the district kanungo's inspection of the records of an office kanungo shall be reported to the Deputy Commissioner not later than the day following the report being submitted through the tehsildar, who will forward it to the Sub- Divisional Officer. Each tehsil office shall be inspected by the district kanungo not less than once in the half year ending March . A note on points specially to be attended to by the officers inspecting the tehsil will be found in annexure F to this chapter. It does not, however, embrace all the points to be notice by the district kanungo whose inspection should be still more searching. The inspection note shall be recorded in the minute book separately maintained in each tehsil for the unspection notes of the district kanungo.
PART – H
INSPECTION NOTES
8.16 Maintenance of inspection note-books - At each district office and each tehsil there should be an inspection note-book in which inspecting officers should note the results of their inspections. It will be the duty of controlling officers on every subsequent inspection to see that defects previously noted have been corrected . The results of these inspections should be borne in mind by the Deputy Commissioner and Commissioner when they write their yearly note of officers. The minute book should contain butts and be bound in boards or leather. A separate minute book shall be kept in each tehsil office for the inspection notes of Director of Land Records. Copies of all minutes recorded by district or tehsil office should be forwarded to the Financial Commissioners' office for record .When a Commissioner inspects a district or tehsil office he should forward a copy of his note in the minute book to the financial Commissioner for information and similarly a Deputy Commissioner should send a copy of his inspection note to the Commissioner of the division. For inspection notes recorded by Director of Land Records , paragraph 1.4 may be consulted.
Inspecting Officers should have the required number of spare copies of inspection notes prepared simultaneously with the fair copy prepared for signature. These notes should be sent out without delay and in any case should reach the tehsil concerned within a fortnight of the inspection.
8.17 Inspection notes to be properly attended to by the officers for whose benefit they are recorded - It has been found that the inspection note recorded by inspecting officers do not receive proper attention of the officers for whose benefit they are recorded. In some cases they are not even pasted into the file book maintained for the purpose . In others no action is taken to rectify the defects pointed out therein for month, and thus they lose their value.Deputy Commissioner and their Assistants should see that the defects brought out in the inspection notes are promptly set right and persons failing in this duty should be severely dealt with.
ANNEXURE A
Point requiring attention at at the inspection of a field kanungo's work
GENERAL
(a) Does the field kanungo reside within his circle at the entries in the dairy of a patwari and report to the tehsildar any matter which is important and requires his orders?(Paragraph 2.46).
(b) Does the field kanungo reside within his circle at the headquarters nominated by the Collector ; if not, has he got the written permission by the Collector to reside elsewhere?(Paragraph 2.48)
(c) Has the field kanungo been visiting the patwari's circle at least once a month and what work he inspected each time?(Paragraph 2.48)
2. Has he got a complete edition of the following (Paragraph 8.4):-
(1) Land Records Manual
(2) Financial Commissioners' standing order No. 32 (Taccavi loans),
(3) A copy of the rules contained in paragraphs 441 and 505 of the Settlement Manual,
(4) Mensuration Manual,
(5) Rules showing the duties of lambardars and chowkidars (Part II , Jantri Patwarian),
(6) A ready Reckoner regarding the calculation of areas.
EQUIPMENT
3. Has he in his possession two steel rods adjusted to the length metre and kept in hollow bamboos ?(Paragraph 2.33).
4. Does he periodically examine and test the patwari's adda?(Paragraph 3.70) Register of Patwaris' work
5. Is the register kept in the prescribed form and up to date ? Field kanungo's Statement of tour (Paragraph 2.51).
6. Ascertain that when girdawari, bachh and diluvion work are going on, his whole time is given to supervising this work, and that at other times he inspects each patwari's work at least once a month. (Paragraph 2.47)
GIRDAWARI
7. Does the field kanungo check the Patwari's work systematically and carefully field by field?
8. Does the field kanungo check the girdawari of all villages in the circle of each patwari? (Paragraph 2.47)
9. Does he at each visit check the list of changes with details placed before him by the patwari?(Paragraph 9.9)
10. Did the field kanungo promptly check the jinswar statement to see that crops have been entered under their proper heads , that areas are correct and that they have been correctly converted into hectares from the local standard? (Paragraph 9.11)
10-A. Did the field kanungo check the Halat Dehi Statements (Thur, Sem, Chos and deposit of sand affected area) to find out the correct details thereof?
11. Does he check carefully and attest all alterations of entries once made in the khasra?(Paragraph 9.9)
12. Did the field kanungo check the patwari's diary and satisfy himself that no alterations have been made in the khasra girdawari after bachh papers have been drawn out or corrected and in the case of alterations made , a note has been made in the diary? (Paragraph 9.9(b)
13. Does he inspect and note the condition of every pakka survey mark and trijunction pillar? (Paragraph 4.11)
14. In districts to which paragraphs 4.28 to 4.31 are applicable , does he at the kharif girdawari draw up a list of all new fields which have come in to existence since the last [quinquennial] jamabandi was drawn up owing to changes of the kind mentioned in paragraph 4.21, and which ought to be incorporated in the map?
MUTATION WORK
15. Have all entries in the mutation register been attested by the field kanungo after examining the papers concerned?(Paragraph 7.4 (ii)
16. Does he attest carefully the entries made by the patwari in the foil and counterfoil of the mutation register?(Paragraph 7.4(ii)
17. Where map of new field numbers is entered on the back of a mutation sheet, does he (a) check the dimensions and areas on the spot, and sign his name with a note "attested on the spot ,"(b) see that the measurement correspond with the area actually transferred in the case of mutations due to sales, etc.?(Part D of Chapter 4 and paragraph 7.8)
THE ANNUAL RECORD
18. Ascertain whether the field kanungo brings the genealogical tree up to date as prescribed by paragraph 7.66.
19. Was the previous jamabandi of the village under quinquennial attestation read out to the Zamindars in the cold weather by the field kanungo , the shajra nasab brought up to date, mutations entered and a list prepared showing the fields requiring amendments? (Paragraphs 7.57)
20. In June , July and August , while new jamabandis are under preparation , does the field kanungo visit each patwari's circle at least once a month and supervise the timely and accurate preparation of the jamabandis and statements which accompany them? (Paragraph 2.48)
21. Was the jamabandi under preparation attested by the field kanungo on the spot holding in the presence of the Zamindars during July or August , and were mistakes detected , corrected by him in red ink?(Paragraph 7.60)
22. Does he see that all mutations attested by June 15th have been correctly incorporated in the jamabandi? (Paragraph 7.56).
23. Ascertain that-
(a) he makes all alterations in red ink himself as far as possible and gives a copy of the list of errors and alterations to the patwari to be switched into his copy of the jamabandi;
(b) he signs the alterations made by the patwari in his copy at his next inspection of the village (Paragraph 7.61)
(c) after the revenue officer's attestation the alterations made by him are entered by the patwari in his copy and signed by the field kanungo.
24. Were the statistical statements checked by the field kanungo in the tehsil during the month of September? Were the mistakes corrected by the field kanungo himself and a copy of the jamabandi?(Paragraph 7.61)
25. Has the field kanungo signed the alterations made by the patwari in his copy of the jamabandi due to the mistakes detected at the checking done in the month of September in the tehsil?(Paragraph 7.61)
26. Has the field kanungo checked on the spot the tatimma shajras prepared to show the changes referred to in paragraph 4.23?
27. In districts to which paragraphs 4.28 to 4.31 are applicable , has he supervised the transfer of the corrections shown in the tatimma shajra to the patwari's copy of the field map, and to the fair copy kept in tehsil , and noted that he has done so in his note of the result of checking the jamabandi?
28. Did the field kanungo compare the list of pensioners in the patwari's copy of jamabandiwith the extract supplied to him by the tehsildar and make the necessary alterations in red ink?(Paragraph 63 III of standing order No. 7).
FARD BACHH
29. In villages for which a jamabandi is not being prepared does the field kanungo compare the patwari's copy of the fard buchh with the last jamabandi and the mutation register, and sign it after satisfying himself of its correctness.
29-A. Does the field Kanungo check the implementation of remission as a result of Thur,Sim, Chos and deposit of sand affected area?
ALLUVION AND DIVULLION
30. Is the field kanungo's supervision thorough and accurate?
PARTITIONS
31. Does the field kanungo carefully check and sign the map and khatauni, after comparing them with each other and with the village map and last jamabandi, and after satisfying himself that no numbers have been omitted or entered twice?(Paragraph 18.14).
ANEXURE B
Inspection note on the work of ________________ field kanungo of______________circle of tehsil ____________district______________
INSTRUCTIONS
I. Add as many blank sheets to the form as may be ffound to be necessary to add.
II. Total the statistics given in the statement at page infra for the kanungos' circle.
III. On the subsequent pages:-
A. – Discuss the kanungos' work in paragraphs numbered according to the questions given in paragraphs 8.8 reproduced below:-
(1.) Is the kanungo's touring systematic and adapted to the work to be supervised at different seasons?(Paragraphs 2.49).
(2.) Has he done his best to prevent delay by patwaris in entering up mutations and has he reported any patwari who failed to carry out his instructions or to comply with the order in paragraph 3.27 and 2.45.
(3.) Has he checked the girdawari of each patwari in his circle thoroughly and systematically ? 'This will be ascertained at the girdawari inspection and the result noted here.
(4.) Has he compiled with the instructions relating to the preparation or the check by him , as the case may be, of-
(a) the genealogical tree (Paragraph 7.66)
(b) Jamabandi (PAragraph 7.60 and 7.61)
(c) the supplementary maps (Paragraph 7.3 and part D of chapter 4)
(d) the statements of the village note-book (Paragraph 10.1)
(5.) Has he carefully supervised the dilluvion work in his circle , if any?
(6.) Has he carefully supervised the girdawari work regarding Thur, Sem, Chos and deposit of sand affected areas in his circle (if any)?
(7.) Has he checked both copies of the fard buchh carefully (Paragraph 3.21).
(8.) Has he a good knowledge of the agricultural and general conditions of his circle?
B.- State whether the kanungo attested mutation entries with sufficient care and without unreasonable delay [Paragraph 7.4 (ii.)]
C.- Discuss any other points that have been examined.
D.- Give definite finding on all the questions that have been examined . Reasons for the findings, if such reasons have been already given under A,B and C, need not be repeated .
E.- Give a general estimate of the value of the kanungo's work based on your findings.
F. Avoid discussing the work of individual patwaris. In their cases a note in the patwari register or a separate proceeding is required.
SUMMARY OF INSPECTIONS
DENOMINATORS DENOTE ERRORS WHICH SHOULD BE ENTERED IN RED INK . RE-TESTED IN COLUMN 4 REFERS TO NUMBERS BY THE FIELD KANUNGO, AND TESTED IN COLUMN 5 TO NUMBERS NOT INSPECTED BY HIM
1 2 3 4 5
Harvest inspection register
Name of Name of Total No. of No. retested No. tested
Patwari's village Field
circle
6 7 8 9 10 11 12
Annual Record
Genealogical tree Jamabandi Suplementary maps
No. Tested
Total No. No. Tested Total No. No. Tested Total No. On the Other-
of owners of khata- of new spot wise.
unis
13 14 15 16 17 18
Diluvion Assessment Annual Bachh Papers Village Note Book
Total area Area Tested Total No. No. Tested Number of No. of Halat
affected with jama- statements Dehi state-
bandi and ments(thur),
mutations sem,chos,&
sand affect-
ed area)chkd.
19 20 21
Mutations
Total number entered Number Tested Explanatory remarks , if
since last inspection. necessary.
ANNEXURE C
The following memorandum shows the main points which call for the attention of officers inspecting the work of patwaris . The memorandum is not intended to be exhaustive. Some of the points that can be made use of at the time of inspection , have been given in annexure D.
1. The inspecting officer shall take into camp with him a sketch map with the limits of patwari circles, and assessment circle marked on it.
2. He should every evening spread out this map and settle with the field kanungo what he will don the following day, asking him particulars concerning the villages and patwaris which lie in his route, discussing the agricultural circumstances of their circles, and then giving distinct orders as to the next day's work.
3. It should be the rule to give notice of a coming inspection, and to avoid taking village officers, either lambardars or patwaris , by surprise, if it can be avoided . Similarly , there should be fixed method of inspecting ; that method being shaped to the matters which need most attention in each locality.
4. If crop girdawaris are going on, the inspecting officers should try to see two or three patwaris each day, but they should be seen at their work , and not called away from it. On approaching a patwari during crop inspection, he should be made to go on just as if the inspecting officer were not there. After the patwari has done 20or 30 of those fields fields and discuss the entries.If an entry appears to be wrong the patwari should be encouraged to explain his entry , and if his explanations shows that he is overlooking any rule or order , pains should be taken to refer him to the instruction which he has overlooked and to explain it to him.
5. If crop girdawari is not going on , the inspecting officer should not try to see more than one patwari in a day. Word should be sent on to the patwari the previous evening that he is to get out all his papers, arranging those of each village in a separate bundle; and the lambardars should also be made to attend, if possible.
6. The inspecting officer on arrival should first examine the patwari's work book and see-
(a) whether the entries in the work book are up to date (paragraph 3.85);
(b) whether the patwari's outrun of work is sufficient;
(c) whether all the points mentioned by previous inspecting officers have been attended to ;
(d) whether the the patwari having been summoned to produce documents, attended the court in person (Rule 6; Order XVI; Civil Procedure Code);
Whether he was ever summoned during the currency of girdawari (paragraph 1.47 of standing order no. 3 and paragraph 2 in Chapter XV of the Rules and Orders of the High Court of the Punjab , Volume I);
(e) when the circle was last visited by the tehsildar or naib-tehsildar , what kind of inspection was made by him and what instructions were made by him and what instructions were given to the patwari.
7. He should also examine the village diary and see-
(a) that the leaves are numbered and stamped with the tehsil seal and that the office kanungo has certified in his own handwriting and under his signature the total number of leaves (Paragraph 3.80);
(b) that all fields in which changes in rent or cultivating occupancy were discovered during girdawari by the patwari have been enterd by him in his dairy and verified and totalled by the kanungo , but not the field field numbers in which the change is such as to necessitate an entry in the register of mutations (Paragraph 9.9);
(c) that the patwari has promptly reported to the Veterinary Assistant Surgeon concerned and the tehsildar any outbreak of cattle disease (Paragraph 3.15);
(d) that all important occurrence in the patwari's circle have been noted in the diary on the day on which they came to the patwari's notice and that the general condition of crops , cattle and husbandry is noted at the end of each month (Paragraph 3.84);
(e) that the patwari has entered in his diary the deaths of pensioners residing in his circle and the marriage or remarriage of females in receipt of family pensioners (paragraph 62 (i) of standing order no.7);
(f) that the patwari has entered in his diary extracts from the annual list of changes by lapses which have occurred during the year and from that of assignees of land revenue who have neither attended nor furnisged a life certificate (paragraph 59 (v) of standing order no.7).
(g) that the patwari has entered in his village diary (roznamcha) all cases in which there has been an increase of the mortgage oney on existing mortgages and has included the increased amounts in statements nos. 5 and 5-A , of the village note book (Paragraph 10.1)"
8. He should examine the patwarkhana and see that in case where there are no patwarkhanas the patwari has made satisfactory arrangements for his office(paragraph 3.57 (2))-
(a) Has the patwari got a box or almirah for his papers?(Paragraph 3.62).
(b) Has he got a plotting scale, chain , cross staff and a sufficient number of flag staves a wooden board or in hill districts a plane table and slighting rod in place of the board ? (Paragraph 3.68)
(c) Is his adda correct ? (Paragraph 3.70).
9. The bundle of each village should then be looked through with the object of ascertaining whether the patwari has all papers which the rules require and if he keeps them in order . These papers should be-
(a) the patwari's copy of the current settlement record of rights and map (Paragraph 3.100);
(b) the annual papers of the expired settlement so far as they are left with the patwari (P3.101), as they are left with the patwari (paragraph 3.101);
(c) Khasra girdawari,
(d) Jamabandi with appendices (Paragraphs 4.27 to 4.32 and 7.67).
(e) Registers of mutations,
(f) Fields maps ,
(g) genealogical tree,
(h) Diary ,
(i) Village note books (paragraphs 10.1)
(j) Alluvion and dilluvion papers, if any ,
(k) Work book (paragrph 3.85),
(l) Register of survey equipment (paragraph 3.88)
(m) Fard Bachh (paragraph 3.21),
(n) Books of reference (paragraph 3.78) and file of instructions (paragraph 3.80).
10. Having thus gone through preliminaries the papers of any one village can be taken up for detailed examination. There are two main points to consider-
(1) the accurate record of agricultural statistics;
(2) whether the mutations and partitions have been recorded and given effect to in the jamabandi.
11. As regards agricultural statistics statements I and IX of the village note-book should be examined with special reference to the following points-
STATEMENT No.I
(1) Column 2 should equal columns 3 to 11.
(2) Column 13 should equal column 11 plus 12.
(3) Deleted .
(4) Column 14 should agree with corresponding columns in statements II and III.
(5) (a) Column 22 should equal columns 24 plus 25.
(b) Column 26 plus 30 of previous year should equal columns 28 plus 30 of the current year .
(c) Column 27 plus 31 of previous year should equal column 29 plus 31 of the current year.
STATEMENT No. II and III
(6) Is there a separate heading for each crop shown separately in statement No. IV-A and B of the Season and Crop Report , and are the crops correctly grouped?
(7) Are rabi figures and extra rabi figures entered in the proper columns?
STATEMENT No.IV
(8) See that the entries in columns 3-16 tally with the kisbandi, and if not , ascertainthe reasons.
STATEMENT No.V
(9) Shamilat land transferred should be included in this statement.
(10) Columns 14,19 and 24 should show details of land irrigated.
(11) Where ala malkiyat is transferred , columns 14,19 and 24 should show the superior owner's due s and where occupancy rights are transferred, these columns should be blank.
STATEMENT No. VI
(12) In column 3 separate details should be given for "land-owners", "shamlat", "abadi" and "sarkar".
(13) In village note-books columns 6 and 7 should agree with columns 2 and 8 of statement No.I and column 8 with column 5 of statement No.IV.
(14) Columns 17 and 18 should agree with columns 7 and 8 groups A and B of the list of assignments and columns 19 and 20 with columns 9 and 10 of group C. Column 2 should contain particulars of the assignees where the assignments are large.
STATEMENT No. VII
(15) In the village note-books column 3 should agree with column 7 of statement No. VI.
(16) Columns 6 to 8 should equal column 9.
(17) Colum 18 should equal column 9.
(18) Column 19 should show any special rates of batai for special crops , and if the tenant pays a share of the land revenue or cash in addition to kind rents ; this should be tated . Where irrigation is done from a government canal, it should be noted how the landlord and tenant share the liability for the canal charges in the case of (a) cash , (b) kind rents.
STATEMENT No. VIII
(19) Column 7.- No entry should be made against total.
(20) Column 10 and 11 . – No entries should be made against separate classes of land , but only against total.
(21) Columns 5 and 9 .- The entries against total should agree with column 7 of statement No. VII.
STATEMENT No. IX.
(22) See that main tribes are entered in column 125.
(23) See that important differences are explained by the field kanungos.
12. The register of mutations should then be looked at. If the village under consideration is a fairly large one and the register is nearly blank, it is an almost certain indication that the mutations are not receiving proper attention . This point should be talked out with the patwari and lambardar.I is a good plan to send for the chaukidar's register of deaths and see if it contains the name of any holder of land whose holdings have not been entered in the mutation register. The following points should also be borne in mind:-
(a) Have all cases which were detected at the time of attestation of the jamabandi on the spot by the field kanunugo and at harvest inspections, or about which entries were made in the diary , been entered up in the mutation register? (Paragrphs 9.14 and 7.57).
(b) Were al cases of inheritance entered in the mutation register within three months of the entry of the death of right-holdersin the chaukidar's register ? (Paragraph 3.27(2)).
(c) Have mutation been promptly entered up from registration memoranda supplied to the patwari by the field kanungo and those memos returned by the field kanungo and those memos. returned by the field kanunugo ? (Paragraph 7.32 (iii).
(d) Are interrogatories issued in accordance with the instructions contained in paragraph 7.31.
(e) Do entries in columns 9 to 12 of the register correspond in every case with the order passed by the revenue officer ? (Parragraph 7.5)
13. The genealogical tree should also be examined and the owners asked after name by name, the replies being com[pared with the entries noted therein.
14. The jamabandi should be examined with a view to see –
(a) that owners' holdings are arranged in the order in which their names are given in the shajra nasab (Paragraph 7.41 (1);
(b) that the khatauni holdings under one proprietary holding are arranged in the following order :-
First , the holding cultivated by the owner himself , then those of tenants-at-will(Parragraph 7.41 (2) );
(c) that in cases where there are several tenency holdings under one proprietor, the tenants are entered in a alphabetical order in their several classes (Paragraph 7.41 (2);
(d) that each patti or taraf is entered in the order in which it appears in the shajra nasab (Paragrph 7.41(3);
(e) that the Gram Panchayat is entered after the holdings of the owners with a separate khewat number (Paragraph 7.41(4).
(f) that the name , father's name, grand father's name and residence of owner is given in column 4 and in the case of officers of the Indian Army their rank also (Paragrph 7.41 (4);
(g) that the status of the tenants is given in column 5 (Paragraph 7.41(5);
(h) whether the following facts are noted in the cplumn of remarks of the jamabandi:-
Sinking of a new well , bringing into use of a deserted well desertion of a well , hypothecation of land to Government as security for a takavi loan, terms of collateral mortagage , the names , description and shares of assignees of land revenue (in a red ink) , and the nature of the registered deed and its date, if the mutatin relating to the deed and its date , if the mutation relating to the deed was rejected ?(Paragraph 7.41 (10);
(i) if changes of ownership have not been made in the jamabandi unless supported by a mutation order . For this purpose a few entries may be checked with khasra girdawari , mutation register and the fard bachh;
(j) whether after comparing the list of revenue assignments with the muafi register and the list pensioners with the annual list of pensioners received from the sadr kanungo's office, the entries are up to date;
(k) whether the patwari report promptly to the kanungos the death of muafidars and pensioners and the marriage or re-marriage of females in receipt of a family pension? (Paragraph 63 (v) of standing order no.7).
15. The khasra girdawari should be examined and the following points should be borne in mind :-
(a) Are the page totals given at the end of the day on which girdawari was done ? (Paragraph 9.10)
(b) Was the rabi girdawari of the villages under quinquennial attestation commenced first and were its mutations entered up before another village was taken up ?(Paragraph 7.58).
(c) Was the jinswar statement prepared at the completion of the field inspection of a village and before commencing girdawari in a second village ?(Paragraph 9.11)
(d) Has the jinswar satement been copied in the village note-book immediately after the field kanungo has checked it and before its submission to the tehsil office kanungo?(Paragraph 9.11)
(e) Check a few entries made in the khasra girdawari in the presence of the owners and tenants concerned to see that –
(a) the names of and the areas under crops have
been correctly entered (Paragraph 9.3 (ix)&
(x) ;
(b) kharaba has been correctly allowed .
(Paragraph 9.3 (ix)& (x) ;
(c) in the case of mixed crops for which there is
no separate column in the jinswar statement the area of each crop is given separately.(Instruction (g) in paragraph 9.3 (x) ; and
(d) changes in cultivating occupancy , possession and rent have been correctly noted (Paragraph 9.3 (xi).
(f) Has the Halat Dehi Statement been copied in the Halat Dehi Register after the field kanungo has checked it and before its submission to the Tehsil Office Kanungo ?
16. Ascertain from the patwari and thezamindars if there is any partition case pending in the village and the cause of delay in its disposal . There is an old tradition among revenue officials that no partition should be recognized unless a partition file has been made for it in the tehsil. The consequence is that brothers and relation divide their lands , and hold separately for years without the partition being shown in the village papers. It is not always easy to trace out these cases , but usually the cultivating arrangements are correctly recorded under the column for cultivation and a comparison of the cultivating entry with the ownership entry will show how the facts stand.
17. If unrecorded mutations and partitions are discovered , it is a good plan for the inspecting officer to have one or two cases written up before him and to attest them himself.
18. The bachh papers should be examined with a view to see-
(a) that the fard bachh contains columns to provide for the entry of all demands to be collected through lambardar (e.g. special surcharge, local rate etc.);
(b) that the fard bachh was promptly prepared after the completion of kharif girdawari (Paragraph 9.14)
(c) that the patwari furnishes any information or explanation of accounts that may be required to facilitate collection; but does not himself receive payment or take any part in the collection of the revenue (Paragraph 3.20);
(d) if the lambardars understand bachh and if they themselves collect the revenue or leave the patwari to do so; also whether the khewatdars have paid no more than the accounts show.
19. Ascertain whether there are in the village any permanent survey marks erected by the Survey Department (Chapter 4) and if so whether these are correctly entered in the map and in the khasra girdawari and are actually in position and in good order . See by the tehsildar and naib-tehsildar.
20. In villages where a fixed boundary has been la id by the Survey Department it is a good thing to inspect some of the permanent base line marks and make sure that the patwari can lay down the goundary from them.
21. A careful inspection often lasts three hours or more especially if the people have much to sy. Breif notes should be made steadily all through the inspection , and where short-comings are found , an attempt should be made to teach from the manuals , and blame should be reserved for only the more serious errors and shortcomings.
22. It should be ascertained whether the patwari or any of his relatives own land in the circle or is he related to any money-lender ; how far is his home from his circle ; and does he introduce any Zamindar to any legal practitioner or take an undue interest in any civil or criminal case?(Parargraph 3.28).
23. The result f the inspection should be finally recorded in the patwari's work book and in the field kanungo's register kept up under the instructions contained in paragraph 2.51 in in the former in detail , in the latter very briefly.
ANNEXURE D
Question to be used as a guide by revenue officers when inpecting patwaris' work.
MAP
1. What is the condition of the cloth field map?
2. Is it renewed at the time of filing of every jamabandi of the village ?(Parragraph 4.30)
3. Have all the new fields shown in the tatima shajra transferred to the patwari's copy of the map?(Paragraph 4.31)
4. Have the new fileds which are very small been drawn on a larger scale in the margin of the map?(Paragraph 4.31).
5. Have the new fields been numbered correctly ?(Parragraph 4.26).
6. Does the map show the date on which it was renewed last ? (Paragraph 4.30).
WORK BOOK
7. Does the work book begin from the beginning of September? (Paragraph 3.85).
8. Are the entries in the work book up to date?(Paragraph 3.85).
DIARY
9. Is there a leather outer-cover for the diary?(Paragraph 3.89)
10. Has the patwari entered the condition of crops, etc, at the end of each Saka month? (Paragraph 3.84)
11. Has the patwari affixed to every entry a separate serial number in large and clear figures ? Is each entry closed by an asterisk and is no blank line left between two consecutive entries ? Are orders and instruction relating to rules of practice entered in red ink ? Are the dates entered according to both Saka and English calendars ? (Paragraph 3.82)
12. Has the kanungo's signature been affixed to all orders and instructions given by him and to all facts reported to him ? (Paragraph 3.83).
13. Has the manner in which important occurrences came to the patwari's knowledge been stated and the signature orseal of one of the lambardars concerned added to the entry?(Paragraph 3.81)
14. Has the fact of the receipt of registration memoranda been noted by the patwari in the diary, recording the serial number of the sheet received by him ?(Paragraph 7.32 (iii)
15. Does the patwari enter in his diary a copy of entries in the first four columns of the lists of accepted and rejected mutations?(Paragraph 7.38 (v).
REGISTER OF MUTATION
16. Has a map been drawn on the back of the foil and the counterfoil when a part or a share of a field has been transferred and separate possession has been taken? (Paragraph 7.8).
17. In entering mutations by order of court, does the patwari note in red ink in column 15 of the counterfoil (a) the name of court ,(b) names of parties and (c) abstract of decree ?(Paragraph 7.12).
18. Does the patwari's report in column 15 of the register bear the signature or thumb-impression of the lambardar concerned?(Paragraph 7.4 (i))
KHASRA GIRDAWARI
19. Is the name of the taraf or patti entered across the the page above the entry of the first field included in that tarafor patti where there are tarafh , or patties and are all fields included in each taraf or patti in one series?(PAragraph 9.3(ii))
20. Are the new numbers of sub-divided fields and not at the end of the khasra?[Paragraph 9.3 ii)]
21. Is a circle in red ink drawn round the number of every field of which the revenue is assigned?(Paragraph 9.3(vii)
22. Is a red ink entry without number made for every survey mark or trijudiction pillar following the field in which the mark is placed and which is adjoins?(Paragraph 9.3 (vii)
23. Are the areas in column 4 and crop given in figures and not in rakams ? (Paragraph 9.3 (ix)
24. In case of irrigated or sailab crops, is the class of irrigation or the word sailab given along with the name of the crop in the column for crops.(Paragraph 9.3 (x) (a)
24-A. In the case of area affected by Thur, Sem , Chos and deposit of sand as the case may be shown in column for crops?(Paragraph 9.3 (h) (x).
25. Are entries about khali, banjar jaded, banjar kadim and ghair mumkin areas correct? (Paragraph 9.3 (x) (d) (e) (f))
26. Is the condition of wells noted at the time of harvest inspection correct ?(Paragraph 9.3 (X) (h))
27. Is a note given against a field in which a new has been sunk ? (Paragraph 9.3(x) (h)
27- A. Is the depth of water table of selected wells recorded in Halat Dehi Statement as in the remarks column of kharif jinswar in the village note book ?
28. Is the fact that no change in cultivating occupancy has occurred in the kharif indicated by a stroke of pen in the column for changes of rights, possession and rent, from the left hand top corner to the right hand top corner to the left hand bottom corner , if no change has occurred in rabi ?(Paragraph 9.3 (x)
29. Is a red cross given in the column for "changes or rights, possession and rent " against field whose areas or boundaries have changed in such a manner as to necessitate a correction of the field map?(Paragraph 9.3 (xi)
30. Is the date on which girdawari was done on every page?(Paragraph 9.10)
JAMABANDI
31. Is the name of the rabi cutivativator given red ink under the kharif tenant without a separate khatauni number in column 5 where a field is cultivated by different persons in the kharif and rabi harvests?(Paragraph 7.41 (5)
32. Is the amount entered in red ink in the column for demand where the revenue of a holding is assigned (Paragraph 7.41 (9)
33. Is a reason for non payment of rent given in the column for rent is paid by the person in possession who is not the owner.(Paragraph 7.41 (8)
34. In the totals of revenue of patties or tarafs and of the whole village , is the whole revenue given in black and muafi or jagir in red ink?(Paragraph 7.41(9)
35. Is the serial number and the nature of a mutation given in pencil in the column of remarks as soon as a mutation is entered and is similar note given in red ink if and when the mutation is sanctioned? Is the serial number number of fard badar entries similarly noted with the addition of word "badar"?(Paragraph 7.2)
36. Does the patwari note in pencil in the shajra nasab against the entry affected the number of the mutation entered and affecting the shajra nasab ? Is it amended in red ink in accordance with the mutation order?(Paragraph 7.1)
37. Is all land owned by government entered at one place after the village common land , the word "Central or State Government "being entered in the column of ownership the name of the department concerned in the column of cultivation and the purpose for which the land is used in lieu of soil entries?(Paragraph 7.42)
38. Does the patwari's copy of the jamabandi contain a frad badar (Paragraph 7.29)
39. Does the patwari's copy of the jamabandi contain a list of revenue assignments and pensions and was every entry in the list attested by the tehsildar or naib-tehsildar?(Paragraph 7.64)
FARD BACHH
40. Has the kharif copy of the fard bachh been promptly given to the lambardar?({Paragraph 3.21)
41. Has the kharif copy of the fard bachh been corrected after the rabi girdawari ?(Paragraph 9.14)
41 A. Has implementation of remission as a result of affect of Thur , Sem , Chos and deposit of Sand been done?
REGISTER OF FEES RELATING TO COPYING AND INSPECTION OF PATWARI'S RECORD
42. Does the patwari maintain a register in form P. XII and has the amount of fee realized from each applicant been duly noted therein ?(Parargraph 3.48 (iv)
43. Does the patwari enter in his diary (a) the field no and khatas to which an extract applied for relates , (b) the fee charged for the extracts , and (c) the name of person from whom charged ?(Paragraph 3.49 (i)
44. If possible , make enquiries form the parties concerned whether the amounts entered in the diary and the register were actually paid . Check the entries in the diary with the register ?(Paragraph 3.49(i)
45. Does the field kanungo check the register every month when he goes to the patwari 's circle and does he sign when he has done so ? (Paragraph 3.48 (iv)
46. Has the register been duly checked by the tehsildar or naib-tehsildar? (Paragraph 3.48 (iv.)
47. Has the fee been duly paid into the treasury monthly ?(Paragraph 3.48 (iv)
48. Does the patwari prepare a statement showing the fees realized from 1st April to 30th September and another for the period 1st October to 31st March and does not he submit it to the field kanungo by the 10th of October and 10th April , respectively and is their dispatch noted in the register? (Paragraph 3.50 (a).)
ANNEXURE E
Points for enquiry at the inspection of the land record work of tehsildar and naib –tehsildars
DIARIES
1. Do the tehsildar and naib tehsildar maintain diaries in the form prescribed in paragraph 8.12 ?
2. Ascertain from the diary that they –
(a) spend alternate fortnight in camp between the beginning of October and the end of April; and
(b) arrange their tours systematically so as to make a thorough inspection of the work of each patwari's circle and of as many estates as possible . (Land Administration Manual , paragraphs 244 and 245)
PROPER EMPLOYMENT OF PATWARIS AND KANUNGOS
3. Are patwaris and kanungos employed on duties other than those laid down in the rules , or are they collected at the tehsil or other central place for the more convenient preparation of jambandis and other returns (Parargraphs 3.17)
4. Are the patwaris detained at the tehsil in September when the jamabandis are being checked ?(Paragraph 2.50)
CROP INSPECTION
5. General duties .- Do the tehsildar and naib tehsildar –
(a) so lay out their work that no part of their charge remains unvisited ;
(b) inspect a few villages thoroughly rather then a great number nominally;
(c) pay special attention to villages in which suspensions are likely to be required ? (Land Administration Manual , paragraph 363)
6. Do they test carefully the entries of kharaba ?(Land Administration Manual paragraph 354).
6. – A . Do they test carefully the entries of Thur , Sem , Chos and deposit of sand affected fields ?(Rule 6 of the Punjab Land Revenue (Thur , Sem, Chos and Sand Remission and Suspension Rules , 1960)
MUTATION WORK
7. (i) General –Do the tehsildar and naib-tehsildar
(a) see tht the orders referred to in paragraphs 3.27 (3) and 2.45 are carried out by patwaris and fieldkanungos respectively, and report offending patwaris and kanungos to the collector;
(b) report for action by the Collector neglect by right-holders of section 39 of Land Revenue Act;
(c) dispose of pending mutations promptly ;
(d) visit the estates for which jamabandis are to be prepared before the middle of January and as for as possible attest all the then pending mutations by June 15th;
(e) dispose of mutations in estates referred to in (d) only on the spot and of other mutations at some place in the patwari's circle or adjacent to it ? Paragraph 247 of Land Administration Manual).
(f) dispose of mutations of consolidation of holdings promptly and on the spot.
(ii) (a) What was the total number of pending mutations in the patwari's circle at the time of the last visit by the revenue officer concerned? Were all the mutations attested each time by the revenue officer and how far from the patwari's circle (Paragraph 242 of LAnd Administration Manual).
(b) Has special attention been paid by the tehsil revenue officer to the disposal of the mutations of estates under quuinquennial attestation before 15 th june and have all mutations of such villages been decided in the village themselves?(Paragraph 7.56)
8. Do they dispose promptly of all interrogatories sent to them under paragraph 7.31 .
9. Mutation orders –
(a) Are the contents of Mutation orders in accordance with the instructions in paragraph 383 of Land Administration Manual?
(b) Are they and the Mutation entries neatly legibly written. (Paragraph 7.4 (iii)
(c) Are the revenue officer's orders on the patwari's copy neatly and legibly written and are they in his own handwriting ?(Paragraph 7.4(iv.)
(d) Does the order specify the numbers of the fields affected and their total area except where an entire holding is affected and in cases of undisputed inheritance (Paragraph 7.4(ii)
(e) In cases of transfer by sale , mortagage , lease or gift involving consideration value of Rs. 100 and above, does the mutation order always show whether the transaction is registered.
(f) In cases of transfer by sale , mortgage or gift does the mutation order always show whether a share of the shamilat was included in the transfer or not? (Paragraph 7.19)
(g) Are the instructions relating to absentees in paragraph 281 of the Settlement Manual carefully compiled with?
(h) Before sanctioning a mutation due to partition, does the attesting officer satisfy himself that possession has been obtained.
10. Mutation Fees – (a) Has the mutation fee been correctly levied and is it entered in the handwriting of the attesting officer?(Paragraph 7.14 (6)
(b) In the case of rejected mutations does the attesting officer pass a definite order as to whether a fee is chargeable or not, and if so, from whom?
(c) Are the fees correctly assessed?
(d) Is the amount due on account of fees collected and paid into the treasury regularly? (Paragraph 7.34)
THE ANNUAL RECORD
11. Jamabandis.- (a) See whether the tehsildar or naib teshildar has been paying timely visits to those villages which are to be brought under quininquinneial attestation (Paragraph 7.56)
(b) See whether the right-holders have not been collected at a central for the purpose of attestation (Parragraph 392 of Land Administration Manual)
(C) See whether the tehsildar or naib tehsildar before signing certificate of attestation has done the following :-
(i) Read out at least 25 percent of the khatauni holdings in the presence of the assembled right-holders.
(ii) Compared 25 percent of the mutations with the khewats concerned .
(iii) Compared 25 percent of the khewat holdings with the old jamabandi.
(iv) Compared 25 percent of the khewat entries in the original copy with the corresponding entries in the patwar's copy of the jamabandi.
(v) Specified the number of fields , the tatimma shajras of which have been attested , as also that of the unattested mutations entered before the 16th june(Paragraph 7.62)
(d) Did the tehsildar or the naib tehsildar correct and initial the mistakes detected at the time of his attestation both in the government and the patwari's copy of the jamabandi(Paragraph 7.62)
(e) Does the patwaris copy of the jamabandi bear the tehsildar's or naib-tehsildars certificate that it correct and up to date with the exception of unattested mutations relating to facts which had occurred before the 16th June ?(Paragraph 7.62)
(f) Has the tehsilda's or naib tehsildar filled in two copies of the prescribed final attestation slip and attached one to each of the two copies of the jamabandi?(Paragraph 7.62)
12. Tatimma shajras .- In districts to which the rules in paragraphs 4.28 to 4.31 are applicable , do the tehsildar and naib tehsildar when on tour check on the spot the tatimma shajras and field book (Paragraph 4.28)
FARD BACHH
13. Do the tehsildar and naib-tehsildar of the circle check some of the entries and sign the patwari's copy?(Paragraph 3.21)
14. Are Government dues collected and credited into the treasury promptly?
NOTE BOOKS PARAGRAPHS 400, LAND ADMINISTRATION MANUAL AND APARAGRAPH 10.4
15. In statement No. 10of tehsil copy does the tehsildar in the year in which a new jamabandi is drawn up, enter a brief history of the village since the last jamabandi was prepared, or at other times whenever any event of serious importance occurs? Does he always make such a note when suspensions , recoveries or remissions are ordered?
16. Does he record remarks when necessary in the circle and tehsil note-books ? Are such remarks recorded annually for tracts where there are fluctuating assessments.?
ALLUVION AND DILUVION
17. Do the tehsildar and naib-tehsildar carefully supervise the work of the patwaris and kanungos in alluvial record and assessment work (Land Administration Manual, paragraph 444)
17-A. Do the tehsildar / NAib-tehsildar carefully supervise the work of the patwaris and kanungos connected with Thue , Sem, Chos and deposit of Sand affected areas?
PARTITIONS
18. Does the tehsildar or naib-tehsildar hold the first hearing in or near the village? Have the parties been properly summoned , and have all the objectors had a reasonable opportunity of appearing?(Paragraph 9)
19. In his report does he state clearly what are the points remaining for decision, and deal fully with them .
20. If the partition is to be made by the patwari does the points remaining for decision and deal fully with them.
21. Does he attest the partition in or near the village ? After attestation does he correct the khataunis, and communicate the corrections to the kanungo and patwari?(Paragraph 18.15)
22. Does he dispose of partition work without unnecessary delay.
ASSIGNMENT AND PENSIONS
23. Does the tehsildar supply the patwaris with extracts from the lists of –
(a) changes by lapse which have occurred during the year; and
(b) assignee who have neither attended before him nor furnished a life certificate?
(Standing order No.7 , paragraph 59 rule V)
24. Do the tehsildar and naib tehsildar satisfy themselves during their tours that assignees and pensioners entered in the registers are living , and report their deaths promptly?
25. Do they inspect , all muafi institutions regularly , and see that the conditions of the grants are fulfilled and the assignee are alive?
SURVEY MARKS
26. Do the tehsildar and naib tehsildar verify the condition of permanent survey marks as required in chapter –4 ?
ANNEXURE F
Points requiring at the inspection of the work of the tehsil office kanungo
Before making the inspection the office of the kanungo should be adked to prepare the statements referred tio in X, XI, XII, XVI, XXIX and XXXIV.
I.STAFF.
1. See that no assistant patwari is made to work with the office kanungo against paragraph 3.13 (4).
2. See that the office kanungo is not made to keep any registers which are not prescribed in paragraph 8 of standing order 55 and should be kept by other tehsil officials.
II. PREVIOUS INSPECTIONS
3. Give dates of previous inspections and see that the work has been inspected twice a year by the deputy Commissioner or his Assistant and twice a year by the district kanungo (Paragraph 8.14 and paragraph 8.19)
4. Ascertain that the defects pointed out in previous inspections have been promptly remedied.
5. See that a separate minute book is maintained for the inspections of Director of Land Records (Paragraph 8.20)
III. ACCOMODATION
6. See that the accommodation is sufficient and suitable both for records and for the office kanungo, if not, what action has been taken on these proposals.
IV. RECORDS
7. Ascertain that the papers withdrawn from patwaris are kept in bastas with goshwaras . (Paragraphs 19.40(ii)
8. Check a few bastas and see that their contents agree with the entries made in the goshwaras , and the papers ripe for destruction have been destroyed as required by paragrph 3.102.
V. FILES OF INSTRUCTIONS , STANDING ORDERS , ETC.
9. See that the office kanungo has got one copy each of the Settlement Manual , Land Administration Manual , Land Code, Land Records Manual , Financial Commssioner standing orders and Director of Land Records Circulars (Paragraph 2.57)
10. See that these books are complete with correction slips up to date and the latest published indices are pasted in them.
11. See that there are separate files for Financial
Commissioners and director of Land Records' Circulars and that these are up to date.
12. See that a separate file is maintained for the instructions issued by local officers.
13. See that a check list of periodical reports and returns is maintained .
14. See that the office Kanungo has got a table of villages under quinquennial attestation duly approved by the collector (Paragraph 7.54)
VI. LIST OF PENSIONERS
(PARAGRAPH 63 OF STANDING ORDER NO.7)
15. See that on 1st February each year the district kanungo sends to the tehsildar a copy of the additions and corrections communicated to him by the Post-Master and the Treasury Officer. Also see that the district kanungo compares his list with those of tehsils at his periodical inspections.
16. See that extracts from this list are duly supplied to field kanungos who compare the extracts with the lists of pensioners in the patwaris copies of jamabandis and make such alterations in red ink in the lists are found to be necessary.
17. See that the deaths of pensioners are duly reported by patwaris and on the occasion, of the death of a military pensioner the pension certificate is recovered by the patwari from the person in whose custody it is and forwarded through the field kanungo to the tehsildar for transmission to the Deputy Commissioner .
VII. SURVEY MARKS (PARAGRAPH 4.6 AND 4.11)
18. See that the office kanungo maintains a list of villages which contain base line marks or trignometrical survey stations.
19. See that all sortsof survey marks are inspected by Tehsildars, Naib Tehsildars and field kanungo when they visit a village containing such marks and note in their diaries the date in which they find the marks .
20. Ascertain that on the completion of girdawari , patwaris send a note in the prescribed form as regards the condition of survey pillars in their circles.
VIII. PATWARKHANAS.
21. See that a list of patwarkhanas , in good condition , is maintained.
22. Ascertain that annual report on the conditions of patwarkhanas is sent by field kanungos on 1st January each year (Parahraph 3.57(viii)(1)
23. Ascertain that the field kanungos' reports are punctually forwarded to the District Office (Paragraph 3.57(viii).
IX. INDENTS.
24. Ascertain that a quinquennial list of patwari and kanungo forms is maintained (Paragraph 3.94(1)
25. Ascertain that the forms indented for do not exceed the number given in the quinquennial list and in the case of blank paper , the prescribed scale (paragrap 3.94)
26. See that the indents are dispatched from tehsils by 1st October (Paragraph 3.94(1)
27. See that the balances are correctly shown in the indent.
28. Ascertain that the forms and blank paper are received in Tehsil before the end of July and distributed among patwaris in September (Paragraph 3.93)
29. Ascertain that the duplicate copies of invoices received from the press are returned from tehsils within one week of the receipt of forms.
X. PAY OF PATWARIS.
30. Deleted.
31. Deleted.
32. Ascertain from acquittance rolls that the amount drawn each day is disbursed the same day(Paragraph 3.34)
33. Ascertain that the purpose for which remittance is made is written by the office kanungo on the acknowledgement portion of the money-order form (Paragraph 3.36)
34. Ascertain that the salary register is properly maintained , being signed by payees paid personally and showing the numbers and dates of money orders issued(Paragraph 3.37 (3) and (4)
35. Deleted.
36. Ascertain whether rewards are given to patwaris for consolidation of holdings and reporting cattle diseases and cases of plague , cholera and small-pox (Paragraph 3.53 and 3.54).
37. Deleted.
XI. PAY OF KANUNGOS.
38. Deleted .
39. Deleted.
40. Ascertain that all sums drawn are disbursed the same day.
XII. REGISTRATION MEMORANDA (PARAGRAPH 7.32)
41. Have the following statement prepared :-
Year Month Date of receipt Number
from Registration pending
Office
42. Ascertain that registration memos , and promptly sent by registrars and sub-registrars each month.
43. Ascertain that the registration memos ,are promptly sent to the field kanungos and promptly distributed by them to the various patwaris.
44. Ascertain that mutations are entered by patwaris immediately on receipt of memos.
45. See that the files of registration memos are, are properly arranged by the office kanungo and the date on which the last memorandum is received , is noted on the fly index.
46. Ascertain that files of registration memos, are destroyed a year after the date of the receipt of the last memorandum.
XIII.ARRANGEMENT OF MUTATION SHEETS.
47. See that mutation are arranged by field field kanungos circles, patwaris' circles and by villages (Paragraph 7.38(iv.)
48. See that mutations are arranged by field kanungo's circle are kept distinct and on separate shelves (Paragraph 7.38(iv.)
49. See that miscellaneous papers detached from sanctioned mutations are kept in bundles by field kanungo's circles and destroyed after five years (Paragraph 7.39)
XIV. – FEES.
50. See that the fee is entered in red ink on each mutation against its number in the annual list and that the fee entries are checked at the Tehsil by the field Kanungo (Paragraph 7.36)
51. Check the entries of a few villages with the sheets of accepted and rejected mutations and see that the entries made in the annual list are correct.
52. Give the demand for the Tehsil for the latest complete year
53. See that the office kanungo prepares in duplicate, statement of fees, one copy for the Tehsil and the other for the sadar wasil baqi nawis.
54. Deleted.
XV. INTERROGATORIES.
55. See that a separate dispatch book is maintained for showing the receipt and dispatch of interrogatories (paragraph 7.31)
5.6. Ascertain that interrogatories are not issued for the examination of the persons residing within the limits of the tehsil unless such persons reside at a distance of more than 25 miles from the village to which the mutations relate(Paragraph 7.31)
XVI. REGISTER OF PATWARI CANDIDATES.
57. TO 62. Deleted .
XVII. STOCK REGISTER OF PATYWARI CANDIDATES
63. See that the register id in the prescribed form (Parargraph 3.97)
64. See that receipts are entered promptly and a monthly balance is struck (Paragraph 3.97).
65. Ascertain that the spplies in hand agree with the entrie made in the register.
66. See that a memo, is kept with each kind of form and a balance struck and when forms are received or issued (paragraph 3.97)
67. See that issues are made generally once a year in September when patwaris come to Tehsil to file their jamabandis (paragraph 3.96)
XVII.- CHECK OF FEES RELATING TO COPYING AND INSPECTION OF PATWARIS' RECORDS.
68.Ascertain from the Tehsil wasil baqi nawis that the patwaris bring their registers for his check during September. What action, if any , is taken against the defaulters? (Paragraph 3.48 (ii).
69.Ascertain that the discrepancies noticed by the Tehsil wasil baqi nawis are brought promptly to the notice notice of tehsildar.
70.Ascertain that half-yearly statements of demand are received form the field kanungo on due dates and that the Tehsil wasil baqi nawis submits a consolidated statement of the whole Tehsil to sadar on the prescribed dates. (Paragraph 3.50)
71.See that the fees shown in the demand are received are duly credited into the treasury . Is any action taken against the patwaris who fail in this respect ?(Paragraph 3.50)
XIX. REGISTER OF MUTATIONS OF THE NAMES OF LAMBARDARS (PARAGRAPHS 8 OF STANDING ORDER NO.55)
72.See that there is space for the entries of several years.
73.See that column 1 shows the serial number of lambardaries.
74.See that in column 2 the names of villages are given in topographical order with the toporagraphicalnumber in red ink below the nameof the village.
75.Check the register with a few jamabandis and the misalband register and see that it is up to date.
XX . MUAFI REGISTER
(PARAGRAPH 59 OF STANDING ORDER NO.7)
76.See that the general register of muafis is maintained in threeparts and separate register are maintained for imamsand roadside groves and wells.
77.Check this register with the misalband register and see that it is up to date.
78.Ascertain from columns 14 and 15 of the register that there is no delay in reporting changes .
79.Ascertain that a list of changes by lapses and change of occupancy by inheritance is sent by the end of April each year.
80.Ascertain that three inspection registers are prepared and the existence of assignee and the proper maintenance of grants is attested on the spot by teehsildars in March and a listof assignee who have neither who have neither attended nor furnished a life certificate sent to sadr as well as a report on the condition of grants.
XXI. REGISTER OF PERMANENT ADVANCE.
81.See that the applicationsfor recoupment are made regularly andnoted in the margin of the register and dealt with promptly at sadr.
82.See that no irregular payments are made and that every entry in the register is intialled by the tehsildar.
83.Check the balance in hand andvoucher , if any.
XXII. REGISTER OF PATWARI EQUIPMENT (PARAGRAPH 3.88)
84.See that the register is compared with the patwaris' register in the September and the discrepancies detected are duly reported to the sadr.
XXIII. – VILLAGES EXPOSED TO RIVER ACTION .
85.See that a list is maintained .
XXIV. – PATWARI CIRCLES (PARAGRAPH 2.60)
86.See that the register begins with an alphabetical index which is followed by a page for each field kanungo's circle.
87.Ascertain that the totals of the field kanungos' circles are amended quinninquennially, and in the case of patwaris ' circles entries are made annually and below the last village of the circle.
88.See that the old entries are scored out when new entries are made.
89.Check column 3 of the register with the misalband register of patwari cases, and the patwaris cases, and the patwaris, pay-bills and columns 5 to 10 with the last quinquennial jamabandi.
XXV.RAINFALL.
90.See that the register is in the prescribed form (paragraph 12.15)
91.See that rainfall is reported on each day on which the rainfalls (Paragrphs 12.15)
92.See that a slight fall is denoted by the letter R. (Paragraph 12.14).
93.Ascertain that the raingauge is suitably placed and that the distance between the gauge and the nearest object (Paragraph 12.4)
94.Ascertain that the raingauge is firmly fixed in the ground , that the mouth of the funnel is one foot above ordinary level of ground and is approximately level and the firm of the funnel is circular (paragraph 12.5)
95.Ascertain that the raingauage has been inspected twice in the year by an officer of rank not below that of an Extra Assistant Commssion (Parragraph 12.18)
96.Ascertain that the office kanungo has got a spare measuring glass (paragraph 12.8).
97.Deleted.
98.See that the monthly rainfall reports are properly prepared.(Paragraph 12.16).
XXVI.- PRICES.
68. See that a record of prices is only kept. if really required.
69. See that the entries are made daily, weekly or fortnightly as circumstances require.
70. See that the items are as few as is consistent with the supply of the information required and the prices of only those articles are given for which there is a proper market.
71 See that the entries are made in kiligrams after proper enquiry and are checked and signed by the tehsildar .
72. Compare the prices with harvest prices given in the circle note-books and see that the prices given in the note-books are generally lower than those given in the register.
XXVI.- ANNUAL RETURNS
(PARAGRAPH 8 STANDING ORDER NO. 55)
73. See that the quinquinneniial jamabandis and annual statements are filed by due dates.
74. See that the crop abstracts of more than one village of a patwari or the kanungo is to blame and whether suitable action has been taken against the defaulters.
75. See that suitable action has been taken against those patwaris who have failed to file their returns by due date.