Chapter V LAND RECORDS

It shall be the duty of the survey officer to prepare a record of rights for each village showing the area of each survey number and other particulars and any other record or register, in accordance with the rules made under this Act : Provided that where for any reason a record-of rights cannot be prepared in respect of the entire village it shall be lawful for the survey officer to prepare separate records-of-rights for different areas of such village and notwithstanding anything contained in this Act or any rule made thereunder, a record-of-rights, when finally published shall not be called in question in any court on the ground that it was not prepared in respect of the entire village.

(1) When a record of rights has been prepared, the survey officer shall publish a draft of the record in such manner and for such period as may be prescribed and shall receive and consider any objections which may be made during the period of such publication, to any entry therein or to any omission There from. (2) When all objections have been considered and disposed of in accordance with the rules made in this behalf, the survey officer shall cause the record to be finally published in the prescribed manner. (3) Every entry in the record of rights as finally published shall, until the contrary is proved, be presumed to be correct.

The Village council and Civil courts shall have jurisdiction to decide any dispute which is recorded in the record of rights.

The survey officer may, on application made to him in this behalf or on his own motion, within one year from the date of final publication of the record of rights, correct and enter in such record when he is satisfied that it has been made owing to a bonafide mistake.

(1) As soon as may be after survey and settlement, the Revenue officer shall prepare and publish in the prescribed manner a draft field index in respect of every plot in a village recording the status of the actual possessor and the conditions on which he holds the land and shall fix a date not less than fifteen days from the date of such publication, for filing claims and objections. (2) The Revenue Officer, shall after giving the persons who have filed claims and objections and also the persons whose interests are likely to be affected, an opportunity of being heard, prepare the field index and publish it in the prescribed manner.

Notwithstanding anything herein before contained an entry regarding the status of the actual possessor of a plot and the conditions on which he holds the land in the field index as finally published shall, in case of conflict with an entry in the record-of rights, prevail and be transferred to the record-of-rights for correction of such record under certificate of such officer as may be prescribed in this behalf.

(1) There shall be maintained for every village a register of mutations in such form as be prescribed. (2) Any person acquiring by succession, survivorship, inheritance, partition, purchase, gift, mortgage, lease or otherwise any right in land or, where such person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property, shall report his acquisition of such right to the Revenue officer within three months from the date of such acquisition and the Revenue officer shall give at once a written acknowledgement in the prescribed form for such report to the person making it. (3) The Revenue officer shall enter the substance of every report made to him under sub-section (2) in the register of mutations and also make an entry therein respecting the acquisition of any right of the kind mentioned in sub-section (2) which he has reason to believe to have taken place and of which a report has not been made under at the same time, shall make or paste up a complete copy of the entry in a conspicuous place in the village and shall give a written intimation to all persons appearing from the record of rights of the register of mutations to be interested in the mutations and to any other person Who he has reason to believe to be interested therein. (4) Should any objection to an entry made under sub-section (3) in the register of mutations be made either orally or in writing to the Revenue Officer, he shall enter the particulars of tile objection in the prescribed form and furnish a copy of the same to the person making it. (5) The objections made under sub-section(4) shall be decided on the basis of possession by the competent authority and orders disposing of objections entered in the register of disputed cases shall be recorded in the register of mutation by the competent authority. (6) After the entries in the register of mutations have been tested and found correct, the entries shall be transferred to the record of rights and shall be certified by such officer as may be prescribed in this behalf. (3) at the same time, shall make or paste up a complete copy of the entry in a conspicuous place in the village and shall give a written intimation to all persons appearing from the record of rights of the register of mutations to be interested in the mutations and to any other person Who he has reason to believe to be interested therein. (4) Should any objection to an entry made under sub-section (3) in the register of mutations be made either orally or in writing to the Revenue Officer, he shall enter the particulars of the objection in the prescribed form and furnish a copy of the same to the person making it. (5) The objections made under sub-section(4) shall be decided on the basis of possession by the competent authority and orders disposing of objections entered in the register of disputed cases shall be recorded in the register of mutation by the competent authority. (6) After the entries in the register of mutations have been tested and found correct, the entries shall be transferred to the record of rights and shall be certified by such officer as may be prescribed in this behalf.

The Deputy Commissioner may, if he is of opinion that any person has wilfully neglected to make the report required by section 43, within the prescribed period, impose on such person a penalty not exceeding Rs. 25.

Subject to rules made under this Act, : (a) any revenue officer may, for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this chapter, exercise any of the powers of the survey officer under section 24 except the power of assessing the cost of hired labour ; and (b) any revenue officer not below the rank of sub-divisional officer may assess the cost of- the preparation of revision of such maps or plans and all expenses incidental thereto, and such costs and expenses shall be recoverable in the same manner as an arrear of land revenue.

Certified copies of entries in the record of rights may be granted by such officers on payment of such fees as may be prescribed.

Subject to such rules and on payment of such fees, if any, as may be prescribed, all maps and land records shall be open to inspection by the public during office hours, and certified extracts there from or certified copies thereof may be given to all persons applying for the same.

When a local area is under settlement, the duty of maintaining the maps and records may, under the orders of the Government, be transferred from the Deputy Commissioner to the settlement officer.