The Land Records Maintenance Act, 1895

Preliminary

1. (I) This Act may be called ' 'The Land Records Mainrenance Act, 1895."

1. (2) I1 shall come into force only in dislricrs or pdt-ts of distriqts of which a field survey and a record of rights have been made under Chapter X of the Bengal Tenancy Act, 1885, or under any other law for the lime being in force, and to which the 'S~ate Government] may, k-rom time to ~ime, extend ir by an order published in the '[Oficicrl Gozerre] ; and thereupon this Act shall commeflce and take effe'ec~ in the dislricls or parts of dislricts named in such order on the day which shall bc in such order provided for the commencemenr thereul'.

(I) In this Act all wwds and expressions defined in the Rengal Tenancy Act. 1883, shall have the meanings arlributed lo [hem. respectively, in lhia Acr. and the word "itddilion" shall have [lie meaning attributed to it in [he Indian Regis~ration Act. '[I 908]. (2) By the term "record of rights" shall be understood the settlement record of lenanr-rights called the khatiorr or such new editions ot'such record ia may be prepared under culesmade under this Acl. or such othcr corresponding record of tenam-righu as may be declared by the Ro:hrd of Revenue lo form the recurt1 orrighrs for any district or part of a disuict. A record of righ~s includes entries duly made in a Rcgistcr of Mulations.

Registration of Mutations

The Su b-Registrars appninterl under the Indian Rcgistralion Act, '[1908], shall be Regisrrars of Mutations under [his Act.

The Regisrri~r of Mutations sIi~11 kccp sucb regis~ers as shall, t'rorn time tn rime, be prescribed by the '[Srate Government], includ- ing, furevery village within ihe limits of thesub-district, a RegistcroF Murarions, in which there shatl be rccorded changes affecting the record of righu ofthar village, and containing such particulars as thc Board of Revenuc may, from lime to lime, with the sanclion of the '[Stn~c Govzrnment], prescribe.

(I) Whcnevcr tlle'iSrate Government] shall issue a noli ticalion in the '[OflcirrlG~izelrej to thar cffect, every landlord shalI,within the period prescribed in the notifica[ion, lile. in [he oFtice of the Registrar uf Mu~ations. within the sub-districi in which his tenants' land is situated, a statcmcnt, in a li,rn~ ru bc prescribed by the -'[Slate Government] showing lruly, to the best of his knowledge and belief, the changes, if any. which have took placc in his [enants' rights, by reason of ~ransfcr or succession, since the record of rights was prepared, or since the last statement was tiled. (2) The Cnlleclor ofihe distric~ shall cause such nolifica~ion to be published by aftixing ;I copy thereof in some conspicuous placc in the office of such Collector, in every Civil Court, in every police-station, and in theofRceofevery Sub-divisional Officer wi thin thedislrict-and in any other manner which the '[S~iite Government] n~ay from time to time direct.

Every tenure-holder. miynl al tixed rates and occupancy miwr, who transfers his tenure or holding. or any part thcreof, and cvery person claiming to be in pussession of any tenure or holding as a tenure-holder, raiyfir at fixed rates. or occupancy rniyttr in consequence of a transfer or uf inlestate or tesrarnentary succession, shall, wirhin four months l'rom the date upon which he gave or took pnsscssion, as the case may be, give notice of the fact to the Registrar of Mulalions within whose sub-dis[rict [he whole or some portion of the land [a which [he nchice relates is situate, at his office : Provided that a nolice under this secrion is receivable allhaugh the prescribed period has elapsed : Provided further tha~ when any person has duly given noticc under this section, aIl otherpcrsons are released from the obl igation ofgiving notice in respect of the same transfer or succession : Provided further that when an instrumen1 dficting a [ransfer of tcnant-righ~ has bccn regisrered undcr the provisions of the Indian Regislration Act. '1 19081. all persons are rele;l.~cd l'rum obligation of giving noricc under [his section in respect of rhc same transfer.

The notice shall contain :-

1. (a) in the case of a [ransfer, the names ol'the transferor and the transferee, or in the case of n succession, (he name of the deceased and his successor,
2. (b) a specitica~ian of the name of the interesr transierred or acquired, (1 the survey number of the lands as entercd in the record of righrs, and
3. (d) such futher parlicuIars as the 'LStare Gnvernment] may, liom time to rime, prescribe.

(I) TheRgismrof Mutations shall, on receipt of anoticeunder section 6, whether given within the prescribed period or not, from a transferor or transferee. ascenain if both the transferor and the transferee, or in the case of the death of either party since the transfer, if the one party and the represenlalive of [he other pany admit the transfer, or in the case of the dealh of both parties if rheir respective representatives admit the transfer, and if both ~ransfertjr or transferee or their respective representativcs admit the transfer, he shalt, after satisfying himself as to the identi~y of the persons appearing before him. cause the following particulars to beendorsed on the notice (that is to say) : (a) the signamre and addition of every person admitting the transfer ; and if such transfer has been admi~ted by the represenralive or agerlt oF any person, the signature and addition of such representative or agent, (b) any payment of money or delivery of goods made in the presence of rhe Registrar of Mutalions in reference to the ~transfer, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such transfer. and shall aftix [he dale and his signature to these endorsements. and shall register the transfer in the Register of Mutations in such manner as the '[Slate Government] shill\ From time to time by m te prescribe. (2) If necessary, [he Reg is~rar of Mutations may issue a summons for the attendance of either or both the transferor and transferee, or rheir respective representatives, eilher simultaneously or at different times, at his office : Provided that, in lieu nf issuing a summons, he shall either himself go and examine, or issue a commission for he examination of any person who is :- (a) exempt by law from personal appearance in Court, (b) unablc, by reason of bodily infirrnily, wilhout risk or serious inconvenience, to auend aL the office, or (c) in jail under Civil ur Criminal proccss.

The Rcgislrar of Mutations on receipt ofa notice under section 6, whether within the prescribed period or not, from aperson claiming by succession, shall, after satisfying himself as to the identity of such person and causing the signature and addition of such person to be endorsed on the notice. by a notice affixed in acnnspicuous place, and by beat ofdrum, in the village in which ~helandclairned issi~uated, call upon any person who desires to do so to appear before him a[ hisoffice within one month from the date OF the last-mentioned notice and deny the succession, and if within that period noone appears and denies the succession, he shall endorse a swement of \he fact on the notice, affixing the date and his signature to the endorsements, and shall register the succession it1 [he Register oFMu~arions in such manncr as the '[State Governmenr] shall from time to lime by rule prescribe.

Notwithstanding anything contained in sections 8, 9 and 12, any person may attend a1 the ofiice ut' the Regisrrar of Mutations by agent duly authorized by power-of-attorney execulcd and authenticated in manner hereinafter menlioned.

1. (1) For the purposes of the last preceding section, the powers-of-attorney here mentioned shall alone be recognized—
   • (a) if the principal at the time of executing the power-of-attorney resides in [a Part A State or a Part C State], a power-of-attorney executed before and authenticated by any Magistrate or the Registrar or Sub-Registrar appointed under section 6 of the Indian Registration Act, [1908], within whose district or sub-district the principal resides :
   • (b) if the principal at the time aforesaid does not reside in [a Part A State or a Part C State], a power-of-attorney executed before and authenticated by a notary public, or any Court, Judge, Magistrate, [Indian Consul] or Vice-Consul or representative * * * * of the [Central Government] : Provided that the following persons shall not be required to attend at any office or Court for the purpose of executing any such power-of-attorney as is mentioned in clause
   • (a) of this section :— persons exempt by law from personal appearance in Court ; persons who by reason of bodily infirmity are unable, without risk or serious inconvenience, so to attend ; and persons who are in jail under Civil or Criminal process.
2. (2) In every such case the officer, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court. To obtain evidence as to the voluntary nature of the execution the officer may go to the person purporting to be the principal and examine him or issue a commission for his examination. Any power-of-attorney mentioned in this section may be proved by the production of it without further proof, when it purports on the face of it to have been executed before and authenticated by the officer hereinbefore mentioned in that behalf.

The law for the time being in force as to summonses, commissions and the compelling the attendance of persons summoned in suit before Civil Courts shall, mutatis mutandis, apply to any summons or commission issued, and any person summoned, under this Act.

Whenever a Registrar of Mutations, after receipt of a notice under section 6, does not register the transfer or succession in respect of which it is given, he shall make an entry of the fact and state his reasons in such manner as the [State Government] may from time to time prescribe.

If any of the persons purporting to have signed the notice, or any one mentioned therein as transferor or transferee or in the case of the death of either if his representative denies the transfer, or if any such person appears to be a minor, an idiot, or a lunatic, or if any person, where the claim is by succession, appears before the Registrar on issue of a notice under section 9, and denies the succession, the Registrar of Mutations shall refuse to register the mutation.

If the name of a transferor, or of a deceased person through whom succession is claimed, inserted in a notice given under section 6, is not recorded in the record of rights as that of the person in possession of the land specified in the notice, the Registrar of Mutations shall, without registering the transfer or succession, as the case may be, by a notice, affixed in a conspicuous place, and by beat of drum, in the village in which the land claimed is situated, call upon any person who desires to do so to appear before him at his office within one month from the date of the last-mentioned notice and deny that the alleged transferor, or deceased person through whom succession is claimed, was at the time of the alleged transfer in possession of the land specified in the notice. And if no person within the prescribed period so appears and denies, the Registrar of Mutations shall, if the other provisions of the Act are complied with, record the transfer or succession, the subject of the notice, in the Register of Mutations.

1. (1) When a Registrar of Mutations has made an order refusing to register a transfer or succession, an appeal shall lie within thirty days from the date of the order against such order to the Collector of the district to whom such Registrar of Mutations is subordinate ; and the Collector may, after taking such evidence as he thinks necessary, reverse or alter such order : and if the Collector directs the transfer or succession to be registered, the Registrar of Mutations shall obey such order, and such registration shall take effect as if the transfer or succession had been registered when the notice was first given under section 6.
2. (2) No appeal shall lie from any order of a Collector passed under this section.

The Registrar of Mutations shall give to the person giving a notice under section 6 a receipt therefor, and shall, upon his application, grant to him, free of charge, a copy of the entries made in the Register of Mutations in pursuance of such notice.

1. (1) On payment of the prescribed fees the Register of Mutations shall be open to inspection by any person applying to inspect the same, and a copy of any entry therein shall be given to any person applying therefor.
2. (2) Copies given under this section shall be signed and sealed by the Registrar of Mutations and shall be admissible for the purpose of proving the contents of the original entry.

1. (1) The [State Government] shall from time to time prepare tables of fees payable—
   • (a) for the registration of mutations—
     • (i) within the prescribed period,
     • (ii) after the prescribed period,
   • (b) for copies of entries in the Register of Mutations,
   • (c) for inspecting the Register of Mutations,
   • (d) for notices, processes and commissions given or issued under this Act,
   • (e) for such other matters as appear to the [State Government] necessary to effect the purposes of this Act, and may from time to time alter such tables.
2. (2) Table of fees so payable shall be published in the [Official Gazette], and a copy thereof in English and the Vernacular language of the district shall be exposed to public view in the office of every Registrar of Mutations.
3. (3) All fees for the registration of mutations shall be payable at the time when the notice is given under section 6.

The fees payable to the Collector under sections 15 and 18 of the Bengal Tenancy Act, 1885, may be paid to the Registrar of Mutations, when notice is given under section 6, and such payment shall be held to be payment to the Collector, and the Registrar of Mutations shall forthwith transmit all fees so paid to the Collector, and such notice to the Registrar of Mutations shall be held to be a notice to the Collector under sections 15 and 18 of the Bengal Tenancy Act, 1885.

Any non-occupancy raiyat, or under-raiyat, if he thinks fit, may give any notice which a tenure-holder, raiyat at fixed rates and occupancy-raiyat is bound to give under section 6, and if he gives such notice, the provisions of this Act, as far as they are applicable, shall thereupon apply.

A Sub-Registrar, registering an instrument effecting a transfer of tenant-right, or, under the provisions of sections 64 and 65 of the Indian Registration Act, [1908], receiving a memorandum of a transfer of tenant-right, shall, as Registrar of Mutations, make an entry in the Register of Mutations as if he had received a notice under section 6.

1. (1) No person bound to give notice under section 6 shall, after the period therein mentioned, be entitled to obtain a decree for, or recover, the rent of any land the subject of the transfer or succession until he has given such notice, and if the defendant denies that the notice has been given, or if the Court thinks fit, it may require him to file a certified copy of the entry in the Register of Mutations relative to such land, or to adduce evidence to the satisfaction of the Court that the notice was duly given.
2. (2) No tenant bound to give notice under section 6 shall, after the period therein mentioned, in any suit in which his landlord is plaintiff and he is a defendant, be entitled to adduce evidence that he is a tenure-holder, raiyat at fixed rates or raiyat with a right of occupancy in the land held by him until he has given such notice, but the Court in which any such suit is tried shall afford the defendant sufficient time to enable him to give such notice.

Whoever voluntarily or negligently omits to give, within the prescribed time, notice under section 6, shall be liable to such fine, not exceeding fifty rupees, as the Collector of the district may see fit to impose.

After a notification has been issued under section 5, whoever voluntarily or negligently omits to file, within the period therein specified, the required statement, shall be liable to such fine, not exceeding one hundred rupees, as the Collector of the district may see fit to impose : Provided that no person shall be fined under this or the last preceding section who at any time prior to the institution of proceedings thereunder, or in the discretion of the Collector of the district at any time after such institution, has filed the statement required by section 5 or given the notice required by section 6.

Every Registrar of Mutations and every person employed in his office for the purposes of this Act, who being charged with the duty of making any entry in the Register of Mutations, voluntarily omits to make such entry, or makes any entry therein which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury, as defined in the Indian Penal Code, to any person, shall be punished with imprisonment for a term which may extend to two years or with fine, or with both.

Whoever commits any of the following offences shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both :-

1. (a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any Registrar of Mutations in any proceeding or enquiry under this Act ;
2. (b) falsely personates another, and in such assumed character presents any notice or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act ;
3. (c) abets, within the meaning of the Indian Penal Code, anything made punishable under this or the last preceding section.

Recovery of Expenses of a Survey and Preparation of a Record of Rights

It shall be lawful for the '[State Government], instead of proceeding under section 114 of the Bengal Tenancy Act, 1885, to recover, from all or any of the proprietors, landlords, tenants and rent-free owners and occupiers in any district or part of a district, either in one year or several years, and in the manner specified in the sections following, their shares of all the expenses declared by the '[State Government] to be recoverable from proprietors, landlords, tenants, and rent-free owners, which have been incurred in making a survey and record of rights and a settlement of rents under Chapter X of the Bengal Tenancy Act, 1885, such costs not having been incurred for the purposes of a settlement of land-revenue.

The '[State Government] may from time to time determine the total expenses which have been incurred in any district or part of a district in making a survey and record of rights, and the amounts (in such proportions as the '[State Government] may from time to time determine) which shall be paid by the proprietors, landlords, tenants and rent-free owners and occupiers respectively in such district or part of a district, and the date from which the expenses aforesaid shall be recovered ; and may specify the rate per acre to be paid by the said proprietors, landlords, tenants and rent-free owners and occupiers.

The amount due from proprietors shall be paid together with such instalment of land-revenue as the '[State Government] may direct, and arrears shall be recoverable under the law for the time being in force for the recovery of public demands.

The amount due from tenants and rent-free owners and occupiers shall, subject to any orders passed by the '[State Government] under section 18, be paid by them to the Settlement Officer, on tender of such extract from the record of rights as they may be entitled to receive.

Recovery of expenses from successors in interest When any proprietor, landlord, tenant or rent-free owner or occupier liable to pay any portion of the expenses under an order passed under this part since such expenses where incurred, has died or has transferred, in whole or in part, his interest in any land on account of which he may have become liable, and such portion of the expenses remains unpaid, it shall be lawful for the Collector to recover the said expenses, or any portion thereof, from the person in possession of such interest or portion thereof. Such expenses shall be recoverable under the law for the time being in force for the recovery of public demands.

Miscellaneous

Every Sub-Registrar appointed under this Act to be a Registrar of Mutations, and every person appointed temporarily to discharge the duties of any such office, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, and all official records and papers kept by any such officer under this Act shall be held to be public records and the property of '[the Government].

Every order of a Registrar of Mutations affecting any entry in the Register of Mutations Mutation shall be appealable for a period of one month from the date thereof to the Collector of the district.

State Government may vest officer with special appellate powers The '[State Government] may from time to time vest any officer other than the Collector of the District with special appellate powers under this Act ; and every officer so vested shall be competent to hear and decide any appeal which the Collector of the district is competent to hear and decide under this Act.

1. (1) The '[State Government] or the Board of Revenue, with the sanction of the '[State Government], may, from time to time, make, repeal and alter rules consistent with this Act-
   • (a) regarding the appointment, control, discipline and payment of all Registrars of Mutations and their establishments ;
   • (b) prescribing the manner of making entries of mutations in the record of rights, preparing new editions of such records, and re-publishing them from time to time, or otherwise making them available for public information ;
   • (c) regarding the distribution of the expenses incurred under Part III, and ) generally Ibr the purpose nf giving efkt to the provisions of this Act.
2. (2) The provisions of section 190 of the Bengal Tenancy Act, 1885, shall apply to rules made under clauses (b),
   • (c) and (d).