Chapter V LAND RECORDS

1. (1) The record of right shall consist of a statement of rights in from 7, hereinafter referred to as the ‘Khatian’
2. (2) There shall ordinarily be a separate Khatian for each person interested or group of persons jointly interested in the land an the Khatian shall show the rights and liabilities of each such person.

There shall be prepared in Form 8 a Field Index or Khasra’ arranged according to the serial numbers of the plots in the village.

Before the preparation of revision of record-of-rights is taken up there shall be the notification and the proclamation as stated in rule 39.

1. (1) When a notification has been so published and the proclamation made, the revenue survey shall be conducted and the record of rights shall be prepared or revised by the following stages, namely:-
   • (i) demarcation of village boundaries;
   • (ii) traverse survey;
   • (iii) cadastral survey (or Kistwar);
   • (iv) preliminary record writing (Khanapuri);
   • (v) local explanation (or Bujharat);
   • (vi) attestation including determination of rent or revenue of tenancies and holding (or jamabandi);
   • (vii) publication of the draft record of rights;
   • (viii) disposal of objections under sub-section (1) OF section 43 and
   • (ix) preparation and publication of the final record of rights under sub-section (2) of section 43; Provided that any of the stages referred to in items (i) to (v) may be omitted or amalgamat with another by an order of the 1[State Government]: Provided further that if the Survey and Settlement Officer is of the opinion that there has been a material irregularity of the draft of the record of rights direct that the proceeding shall be taken denovo from such stage as he may direct, but not so as to set aside any proceeding relating to determination of revenue rates after the publication of the table under sub-section (1) of section 33.

Before each of the first four stages, namely, demarcation of village binderies, traverse survey, kistwar and Khanapuri, a general notice shall be served in the village in Form 9 informing the holders of land of the probable dates of commencement of each of the stages and requiring their attendance to assist the revenue officer employed on work in any matter incidental to any of the above stages.

Village boundary demarcation. The revenue survey of an area notified under section 26 shall be based on village boundary demarcation.

Traverse survey Traverse survey.

Cadastral Survey Cadastral Survey.

1. (1) The cadastral survey of the area shall be based on traverse survey.
2. (2) A detailed map of all the fields in a village shall be prepared on a scale map is already in existence, it will not be necessary, unless the survey and Settlement Officer so directs, of prepare a fresh map and the existing map may be brought upto date.

Survey Number. A separate number (hereinafter called the plot number) shall be allotted to every plot i.e. a piece of land within one periphery which is possessed by one person or a set of persons jointly, which is held under one title and which consists of one class of land.

Preparation of preliminary record of rights.

Bujharat Bujharat.

1. (1) When the preliminary record-of-rights, has been prepared, a general notice in Form 10 shall be published in the village in forming the holders of lands of the date of commencement of Bujharat and calling for their attendance with relevant documents appertaining to their lands in the village.
2. (2) When the areas of the plots have been extracted and entered in the preliminary record, a copy of each ‘Khatian’ shall be made over by the revenue officer to the person or persons in whose name or names the ‘Khatian’ has been opened or to their representatives. The cost of each copy of the ‘Khatian’ styled as ‘Parcha’ shall be twenty five naya paisa. For every realization on account of the costs of parcha a receipt in form 11 shall be prepared, along with a carbon copy thereof, under the signature of the Revenue officer receiving the amount and the signature of the person making the payment shall also be obtained thereon. The original shall be given to the person making the payment and the carbon copy shall be retained for record:-- [ Provided that in case of revision of records such of Khatian styled as parcha may be made over after the completion of the Bujharat of a village instead of making over before Bujharat].
3. (3) Each Khatian shall then be examined of the field with reference to the village map by a revenue officer and explained to the person or persons concerned or their representative, if present. In this process, the revenue officer shall make such corrections as may be necessary in the map, in the preliminary records and in the copies of the khatians where such copies have been distributed and produced for this purpose.
4. (4) At this stage, preliminary entries of rent of revenue which is payable according to the statement of the land holder and according to the statement of the tenant, raiyat, under raiyat or occupant shall be made in the preliminary Khatians and in the copies thereof, if produced. The revenue officer shall dispose of all disputes arising at this stage as well as disputes left undisposed of, if any, during preliminary record writing excepting those relating to rent, revenue of status. Notice for hearing of disputes shall be served on both parties in Form 12 at least three days before the date of hearing.
5. (5) On completion of the bujharat of a village, the revenue officer shall furnish a certificate in Form 13.

Attestation including ascertainment of rent and revenue.

1. (1) The attestation in the village shall be taken up at a convenient place in or near the village as for as possible. A proclamation in Form 14 shall be published at least thirty days before attestation begins in the village, giving due notice to the raiyats, under raiyats, occupants and other land holders calling upon them to appear before the revenue officer, on the date fixed with relevant documents in support of their right, title and possession.
2. (2) When about a week is left before attestation, a reminder notice in form 15 shall be published in the village. Special notice may be served on the Collector or other public bodies and summons may be served on land holders and other persons, if the attendance of such persons may or their authorized representatives is deemed necessary.
3. (3) The revenue officer shall take up the preliminary record of fights Khatian by Khatian. As each person appears before him, the revenue officer shall examine his Khatian, read out all the entries, make corrections where required, and se that the Khatian is complete in all particulars. Disputes regarding ownership of land or ownership of any interest in land shall be decided by the revenue officer in a summary manner and on the basis of present possession or possession during the year proceeding the year in which attestation is done. In the khatian of each [holder or group holders of land] he shall enter with his own hand the class to which each person or group of persons belonging, the special conditions or incidents (if any) o the holding or tenancy and the revenue or rent lawfully payable or deliverable to Government or each land holder or group of land holder. In each of the khatians attested the cesses lawfully payable shall also be recorded.
4. (4) The revenue officer shall then sign and date the Khatian and when he has completed the attestation of all the Khatians of a village, he shall draw up a formal proceeding to that effect.
5. (5) The revenue officer doing attestation shall have a distinctive seal bearing the ‘Attested’.

Publication of the draft record of rights Publication of the draft record of rights.

1. (1) After the completion of attestation is a village as aforesaid, the revenue officer shall publish the draft of the record of rights under sub-section (1) of section 43 by placing it for public inspection free of charge during a period of thirty days at such convenient place of places as he may determine and cause a public notice in form 16 to be given to that effect in the village to which the draft record of rights relates, stating the place at which the draft records will be open to public inspection, the period for which they will be open to such inspection and objection, if any to be made in Form 17 within thirty days of the date of the publication of the notice.
2. (2) Notwithstanding anything contained in the notice, the survey and settlement Officer may extend the period during which the draft record of rights will be open to inspection and during which objections may be filed.

Disposal of objections.

1. (1) From 17 shall be made available by the revenue officer on payment of a price of ten naye paise per form and objection shall, as for as practicable, be made in such form. Along with the original objections, the objector shall file copies of the same with copies of notices in Form 18 for service on persons who are materially interested in the case and the revenue officer shall issue notice informing the objector and all such persons to interested of the date, time and place fixed for hearing of the objections. No objections shall be disposed of without affording the parties materially interested of their representative an opportunity of being heard.
2. (2) Objections shall be disposed of in a summary manner. The names of witnesses examined and obstract of the reasons for decision shall always be recorded in addition to the decision itself. The revenue officer disposing of the objection shall record the final decision in the Bengali language, specifying the changes, if any, which are required to be made in the Khatian concerned.

Framing of final record Framing of final record. When all objection under rule 66 have been finally disposed of and the draft of the record corrected, wherever necessary, the Survey and Settlement Officer shall frame the final record inconformity with the draft record thus corrected.

Final publication of the records of rights.

1. (1) The record of rights shall be finally published under sub-section (2) of section 43 by the Survey and Settlement Officer by placing it for public inspection free of charge during a period of thirty days at such convenience place or places as he may determine, and he shall cause a notice in Form 19 to be given to that effect in each village to which the record relates stating the place where it will be open to public inspection and the period during which it will be open to such inspection.
2. (2) When a record of rights is placed for final publication under sub-section (2) of section 43, a certificate in the

Availability of copies of records and recovery of cost.

Revision or correction of records.

Intimation of correction.

Framing of final record. When all objection under rule 66 have been finally disposed of and the draft of the record corrected, wherever necessary, the Survey and Settlement Officer shall frame the final record inconformity with the draft record thus corrected.

The register of mutations shall be in Form 20, there being a separate register for each village.

The record of rights may by written after every five years or such longer period as the Collector may decide after scrutiny of the record.

1. (1) All reports for mutation under section 46 shall be in Form 21. The applicant, i.e. the person reporting shall fill up columns 1 to 8 and other columns shall be filled in due course by the officer concerned. The applicant shall also submit sufficient number of spare copies of the report for intimation to the persons interested.
2. (2) Any person who prays for mutation of name in record of rights shall also state in his report the lands already held by him or any numbers of his family as raiyat or mortagage with possession of otherwise.
3. (3) Village accountant shall acknowledge receipt of the report by making over the counter-foil duly filed in, signed and dated.

Before sanctioning the mutation, the authority concerned shall satisfy itself that the acquisition in pursuance of which mutation is sought is not in contravention of any of the provisions of this Act.

The intimation under sub section (3) of section 46 shall be given by sending a copy of the report along with a copy of the entry made under the said sub-section.

The register of disputed cases of mutation shall be in Form 22.

The acknowledgement to be given of the objection made under sub-section (4) of section 46 shall be given in From 23.

(!) Entries in the register of mutations shall be tested by the circle officer.

1. (i) in the case of entries in respect of which objections have been decided under sub-section (5) of section 46, with reference to the relevant record; and
2. (ii) in other cases by making such local inquiry as the circle officer may deem necessary.

1. (2) An entry when so tested shall be transferred to the record of rights and shall be certified by the circle officer.

1. (1) The register of Bargadar shall be in form 20 A
2. (2) A report under sub-section (3) of section 46A of the Act and the acknowledgement thereof shall be inform 21A.

Reference of bargaining cases

1. (1) On receipt of reference from any civil or criminal court under sub-section (2) of section 46B, the competent authority shall cause to make necessary entries in the register of bargadars and decide the case considering it as an objection under Sub-section (6) of section 46A made against the entries I the register of bargadars.
2. (2) After disposal of the case under rule (1), the competent authority shall forward a copy of his order to the court from which the reference was made.

Every land-holder and any person holding any interest in land, or employed in the management of land, shall be bound on the requisition of the revenue officer to furnish any I formation required by such officer for the purpose of preparing, making or correcting any entry in the record of rights or the register of mutations or to show to the satisfaction of such officer that it is not in his power to furnish the required information.

Whenever any court of competent jurisdiction makes a decree confirming any transfer of possession of a transferable estate or holding or gives effect to ant decree transferring such possession, such court may order the transfer to be registered in the mutation register and the Collector shall cause necessary entries to be made in the mutation register.

The inspection and grant of certified copies of revenue records shall be governed by the provisions of Schedule II.