Periodical Record of Rights

Periodical Record of Rights(JAMA Bandi) Under Land Revenue Act 1967

Complete Explanation and procedure of making Record of rights

Discuss periodical record of rights:

Introduction: 
Periodical record of rights is revised edition of the record of rights. it is prepared by Patwari after every four years under the order of the collector. it provides up to date information and contains all the changes which have taken place in a estate.

Relevant provisions: 
Sections 41, 42, 43 land revenue act 1967. 

Periodical records of rights: 

  • (i) The collector shall cause to be prepared by the Patwari of each estate periodically, as the board of revenue may direct, an edition of any records of rights amended in accordance with the provision of this chapter. 
  • (ii) Such edition of the records of rights shall be called periodical record for estate, and shall comprise the statement mentioned in clause (a) of sub- section (2) of section, 39, and such other document, if any, as may be prescribed. 
  • (iii) For the preparation of periodicals the collector shall cause to be maintained by the patwari of each estate a right of mutations in prescribed form and other prescribed registers, if any. 

Documents included in periodical record of rights: 

  • (i) Jamabandi register haqdaran. 
  • (ii) Title page of register haqdaran zamin. 
  • (iii) Genealogical tree. 
  • (iv) Index number 
  • (v) Note of changes in kind of soil. 
  • (vi) Register of haqdaran nakhilstan. 
  • (vii) Statement of distribution of water. 
  • (viii) Statement of rights in water mills. 
  • (ix) Supplementary map. 
  • (x) Fard badar. 
  • (xi) Note of attestation by Kanango. 
  • (xii) Note of attestation by the revenue officer. 
  • (xiii) Final attestation certificate of register haqdaran zaimn. 
  • (xiv) List of revenue assignments and Pensions. 

The procedure of Making Records of rights

Preparation of periodic record: 
Periodical Record is prepared in two parts. 
(i) Preparation of part relating to the land owner. 
(ii) Preparation of part relating to other persons. 

I. Preparation of part relating to the land owner. 

(i) Report to Patwari
Any person being the land owner or tenant for a fixed term exceeding one year acquires an estate by. 
  • (i) Inheritance. 
  • (ii) Purchase. 
  • (iii) Gift or. 
  • (iv) Otherwise
he shall report to patwari of the estate where he acquired such right.

(ii) Recording report:
Patwari shall enter in his register of mutations every report made to him and shall make an entry in the roznamcha and in the register of mutations. 2019  YLR  2385

(iii) Furnishing a copy of report:

Patwari shall furnish a copy of the report free of cost to the person making the report and also send a copy of the report, within a week of its receipt by him to the union committee. town committee, or union council within which the estate is situated.

(iv) Entry in register of mutations:
The Patwari shall enter in his register such report which was made to him.

(v) Display of report:
The report has been entered by patwari shall be displayed in such manner as may be prescribed.

(vi) Failure of patwari to record the report:

If the patwari fails to record the report the person concerned may make the report in writing to the revenue officer concerned and Nazim of the union council, union committee, or town committee in which the estate is situated by registered post acknowledgment due.

(vii) Inquiry by revenue officer:
The revenue officer shall time to time inquire into the correctness of all entries in the register of mutation and the reports which should have been recorded by the Patwari.
(a) In case of mutation of inheritance:
In case of acquisition of a right by inheritance, the revenue office shall inquire who are the legal heirs of the deceased.
(viii) Identification on register of mutation:
Such a person whose right has been acquired shall be identified by two respectable person preferably from lambardar or a member of the union committee, union council, or town committee.

(ix) Order of the revenue officer:
The order shall be made by the revenue officer regarding the acquisition of any right, and entry shall be made in the periodical record.
(a) Time period:
The revenue officer shall make an order within three months. from the date of entry in the mutation register. 
(b) Gist of the order to be sent:
The gist of the order by the revenue office shall be sent to the person whose right has been acquired and also to the union committee, union council, or town committee in which the estate is situated. 
(c) If the order is not made in time:
If the order by the revenue office is not made within 3 months he shall explain the cause of the delay to the collector in the prescribed manner. 
(d) Nature of inquiry:
PLD 1950 Rev. 1189 
The inquiry by the revenue officer is of a summary nature therefore all complicated matters should be left to be decided by a competent court. 

II. Preparation of part relating to other persons: 

If it is undisputed, it shall be recorded in the prescribed manner. if it is disputed it will be entered by the patwari in the register of mutation. the revenue officer after hearing the parties concerned passes the necessary order and it is incorporated in the register haqdaran zamin when it is prepared.

10 Columns of Register of Periodical Record of Rights ( رجسٹر حقداران زمین)

Register Haqdaran Zamin is one of the most important documents of the record of rights as well as periodical record as prescribed by section 39(2) of the Land Revenue Act, 1967, and Rule 72(i) of the Punjab Land Revenue Rules, 1968. It is Form No. (XXXIV). It is compiled by the Patwari, checked by Kanugo, Naib‑Tehsildar, Tehsildar, and supervised by Collector.

It contains the following information:
It has got 10 columns and is called Jamabandi.

Column No. 1:

It relates to No. Khewat Malik. The words "Khewat"and "Khata" are the Vernacular equivalent of term "holding", defined in clause (10) of section 4 of the West Pakistan Land Revenue Act, 1967, as a share or portion of an estate held by one landowner or jointly by two or more land owners. The No. Khewat Malik (Khatedar) is the No. given to an owner's holding. The Khewat holdings are arranged in the following order:
  • (a) Owners' holdings in the order in which their names are given in the Genealogical Tree (Shajra Nasab). The individual holding of owners is arranged prior to their joint holdings.
  • (b) A mortgagee in actual possession and paying land revenue is given a Khewat number except as provided in Item (vi) of the sub‑para. (5).
  • (c) If there is any common (Shamilat) land belonging to all the owners of the Patti, Taraf, Khel, or Jum, it is entered in a separate Khewat after the Khewat of the individual and joint owner of that Patti, Taraf, Khel or Jum. Similarly, common (Shamilat) land belonging to all the owners of the estate is entered in a separate Khewat after the Khewat of the individual and joint owners of the estate.
  • (d) After the Khewat of common (Shamilat) land, the land owned by Municipal Committee or Town Committee, etc., District Council, Provincial Government, and Central Government should be entered.
  • (e) The Khewat of Abadi Deh (land which is occupied as inhabited site of a Town or village) is entered at the end. No. Khewat in last Register Haqdaran Zamin is entered in a red ink below the figure for new Khewat number.

Column No.2:

It relates to the_No. Khatauni cultivator (Kashitkar) is the No. of the holding of the tenant or of the person responsible for the cultivation.
  1. (ii) The Khatauni holdings within each Khewat is arranged in the following order:
    • (a) The holding, if any, cultivated by the landowner himself (Khud Kasht).
    • (b) The holding, if any, cultivated by the landowner through a tenant‑at­ will.
    • (c) The holding of the occupancy tenant, if any, cultivated by the occupancy tenant himself.
    • (d) The holdings, if any, cultivated by the occupancy tenant through tenant‑at‑will.
  2. (iii) If a tenant holds land under one owner part in occupancy right and part as a tenant‑at‑will, the whole is entered as a single holdings, the fields held under each tenure, and; if necessary, their rent is p separately detailed.
  3. (iv) Where there are several tenancy holdings under one proprietor the tenants in their several classes are entered in alphabetical order.

Column No.3 (Name of the owner with description):

The term "landowner" has been defined in clause (13) of section 4 of the Land Revenue Act.
In an estate, where the common (Shamilat) land exists, the owner who has no share in common land is shown as Malik Kabza and the person who has no land but has a right in the common land is shown as the right holder in common land (Haqdar Shan‑flat).

Column No.4 (Name of a cultivator with description).

The status of a cultivator is as follows:
  • (i) Cultivating Owners;
  • (ii) Occupancy tenants under the Tenancy Act;
  • (iii) Tenants under the Colonization of Government Lands Act;
  • (iv) Tenants for a fixed term exceeding one year;
  • (v) Tenants‑at‑will;
  • (vi) Other cultivators;
  • (vii) Partners in cultivation;
  • (viii) Field workers.
The status of the Cultivating owners may be of five kinds:
  • (a) If the land is cultivated by the sole owner or owners jointly, the entry is made as self‑cultivation (Khud Kasht/Khud Abad).
  • (b) if one of the owners alone is in cultivation, the entry is made Kasht Flan Hissadar.
  • (c) If the land is uncultivated and is in the possession of an owner or owners, the words Maqbooza Malik/Maqbooza Malikan or Maqbooza Flan Hissadar is entered.
  • (d) If some land is cultivated by the owner or owners and some' uncultivated is also in his or their possession, separate Khatuhi fort cultivated and uncultivated area is not formed and an entry of Khud Kasht as Maqbooza Malik/Malikan is made.
  • (e) If a person cultivates certain survey/Khasra Nos. partly as co‑sharer F (Hissadar) and also pays due rent of the same land to other co­sharers, the entry is made "A". co‑sharer himself (Bazatehi) 1/3rd and on behalf of "B" co‑sharer 2/3rd. (Bazatehi 1/3rd and Hissadar 2/3rd).
The occupancy Tenant under the Tenancy Act is shown in the Jamabandi in the following three manners:
  • (a) Where a tenant having right to occupancy legally exists, he , is recorded as Muzaria Mouroosi, Buzgar Dakhilkar, Muqarraridar or Mouroosi Hari etc. according to the local usage alongwith the relevant provisions of the Tenancy Act.
  • (b) Where the section of the Tenancy Act applicable has been omitted, the deficiency is not supplied without a mutation.
  • (c) The entries of this column shows:
    1. (i) Whether the land is cultivated by the occupancy tenant himself;
    2. (ii) Whether .the land is cultivated by a Muzaria or Hari of the occupancy tenant;
    3. (iii) Whether the land has been leased out to a tenant and is cultivated by that tenant or by a Muzaria or Hari of the tenant.

Column No.5

Survey/Khasra No. and name, if any: The terms "Survey Number" or "Khasra Number" as defined in clause (25) of section 4 of the Land Revenue Act means a portion of the land of which the area is separately entered under an indicative number in the record of right.

Column No.6

Area and soil classification of each number and total Khatuni cultivator and Khewat Malik.

Column No.7

Source of irrigation including the name of well, Rajbah, etc

Column No.8

Rent paid by cultivator, rate, and demand. The term "rent" means whatever is payable to a landlord in money or, kind by a tenant on account of use or occupation of land by him. It is called (Lagan). This definition is given in clause (21) of section 4 of the Land Revenue Act. Rent (Lagan) is of five kinds:
  • (a) A definite share of the crop (Lagan Batai);
  • (b) Cash rent for particular crops which cannot conveniently be divided, at a fixed rate per Kanal or area, etc. (Lagan Zabti);
  • (c) Cash rents paid, on land irrespective of the crop grown upon it (Lagan Naqdi);
  • (d) Lump grain rents or rents consisting of a fixed amount of grain in the spring and a fixed amount of money in the autumn harvest (Lagan Chakota); and
  • (e) A definite share of crops in addition to some cash at a certain rate per Kanal or per Acre.

Column No.9.

Demand with details of Revenue and cesses. The entry where the land revenue is fixed is called "Mustaqil" and where it is in the form of prescribed rates, it is called "Ghair Mustaqil".

Column No.10

Remarks including the name of Lambardar and rate of Land Revenue.
2000 C L C 1468

Remedy open to aggrieved person: 

If a person aggrieved or injured by an entry in record of rights or in periodical record of right then he can file a suit for declaration for his right under section 42 of the specific relief act. 

Section 53 of land revenue act says 
"If any person considers himself to be aggrieved by an entry in the record of right which he already possesses, then it is at his option to file a suit of declaration of his right under the provisions as contained in chapter six of the specific relief act 1877".

If entry in Periodical Record (Khasra Girdawari), was not correct, then the aggrieved party should have filed a declaratory suit as visualized by S. 53 of West Pakistan Land Revenue Act, 1967. Variation in Periodical Record (Khasra Girdawari) can be made with respect to the undisputed acquisition of an interest in terms of S.43(a) of West Pakistan Land Revenue, Act, 1967, on the basis of facts proved or admitted. Such corrections are permissible with the consent of all parties or which are supported by a decree or order binding on parties and not otherwise 2005 YLR 890

Important Case laws Regarding Periodical Record of Rights:

Presumption of truth

Record of right/Periodical Record carried weight, was to be presumed to be true until the contrary was proved. Old entries in revenue Record had acquired presumption of correctness under Art. 100 of Qanun-e-Shahadat, 1984 2022 YLR 2195

Presumption of correctness is attached only to Column No.3 of ownership and Column No. 4 of possession. Entries in Column No.9 of Periodical Records pertaining to Lagan are not to take precedence over any of the other two columns unless and until its entries are independently proved by the person who claims the benefit of the same. 2003  CLC  1785

Correction in revenue Record:

Disputed entries having been incorporated in the Revenue Record could only be corrected through decree of Court and not by order of any of the official in the hierarchy of revenue authorities, particularly after the lapse of more than five decades. 2022  MLD  143

If any person considers himself aggrieved by any entry in the Record -of-rights or in any Periodical Record as to any right which he possesses, he may institute a declaratory suit for' this purpose under Chapter VI, Specific Relief Act, 1877. [2007  MLD  884]

Conclusion: 

To conclude, I can say that the periodical record of rights is up to date edition of the record of rights. during a period of four years, changes do occur in the ownership, revenue matters, etc., etc., if of the land such changes are mentioned in the periodical record of rights. it is prepared by patwari under the order of the collector of the district.

Relevant Important Questions:

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