POWERS

 Conferment of powers of Revenue Officers.­

(1) Government may, by notification, confer on any person all or any of the powers of a Commissioner or Collector under this Act, and may, in like manner, withdraw such powers.

(2) The Board of Revenue may, by notification, confer on any person all or any of the powers of an Assistant Collector under this Act, and may, in like manner, withdraw such powers.

(3) A person on whom powers are conferred under this section shall exercise those powers within such local limits and in such classes of cases as Government or the Board of Revenue, as the case may be, may direct and, except as otherwise so directed, such person shall, for all purposes connected with the exercise thereof, be deemed to be the Commissioner, Collector or Assistant Collector, as the case may be.

17. Functions of Revenue Officers-

Except where the class of Revenue Officers by whom any function is to be performed is specified in this Act, the Board of Revenue may, by notification, determine the functions to be performed under this Act by any class of Revenue Officers.

18. Retention of powers by Revenue Officers on transfer –

When a Revenue Officer of any class who has, under the provisions of this Act, any powers to be exercised in any local area, is transferred from that local area to another as a Revenue Officer of the same or a higher class, he shall continue to exercise those powers in that other local area unless Government or the Board of Revenue, as the case may be, otherwise directs or has directed.

PROCEDURE OF REVENUE OFFICERS

19. Subordination of Revenue Officers.-

In all official acts and proceedings, a Revenue Officer shall, in the absence of any express provision of law to the contrary, be subject as to the place, time and manner of performing his functions, to the direction and control of the officer to whom he is subordinate.

20. Powers to make rules as to procedure.-

(1) The Board of Revenue may, with the previous approval of Government, make rules, not inconsistent with this Act, for regulating the procedure of Revenue Officers in cases in which a procedure has not been provided for by this Act.

(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment under this Act from, and delivery of possession of, immovable property, and rules providing for those matters may confer on any Revenue Officer all or any of the powers in regard to contempts, resistance, and the like, which a Civil Court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery of possession of, such property.

(3) Subject to the rules made under this section, a Revenue Officer may refer any case which he is empowered to dispose of under this Act to another Revenue Officer subordinate to him for investigation and report, and may decide the case upon such report after giving the parties concerned an opportunity of being heard.

21. Persons by whom appearance and applications may be made before and to Revenue Officers.-

(1) Appearance before a Revenue Officer, and applications to, and acts to be done before him, under this Act may be made or done-

(a) by the parties themselves; or

(b) by their authorized agents or legal practitioners;

Provided that the employment of an authorized agent or legal practitioner shall not excuse the personal attendance of a party to any case in which personal attendance is specially required by an order of the Revenue Officer.

(2) The fees of a legal practitioner shall not be allowed as costs in any proceedings before a Revenue Officer under this Act unless that Officer considers, for reasons to be recorded by him in writing, that the fees should be allowed.

22. Powers of Revenue Officers to summon persons to give evidence and produce documents –

(1) A Revenue Officer may summon any person whose attendance he considers necessary for the purpose of any business before him as a Revenue Officer.

(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his authorized agent or a legal practitioner:

Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 (Act V of 1908), shall be applicable to requisitions for attendance under this section.

(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as the Revenue Officer may require.

23. Summons to be in writing signed and sealed.-

Every summons shall be in writing, in duplicate and shall state the purpose for which it is issued, and shall be signed by the Revenue Officer issuing it, and if he has a seal, shall also bear his seal.

24. Mode of service of summons –

(1) A summons issued by a Revenue Officer shall if practicable, be served (a) personally on the person to whom it is addressed or, failing him, (b) on his authorized agent or (c) an adult male member of his family usually residing with him.

(2) If service cannot be effected in the manner provided in sub-section (1) or if acceptance of service is refused, the summons may be served by affixing a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the District in which the Revenue Officer is employed and the case to which the summons relates has reference to land in that District, the summons may be served by-

(a) sending it by post to the Collector of the District in which that person has his usual residence who shall cause it to be served in accordance with the provisions contained in sub-section (1); and

(b) affixing a copy of the summons on some conspicuous, place in or near the deh wherein the land is situate.

(3) If the summons relates to a case in which persons having, the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the Revenue Officer so directs, .be served by delivery of a copy thereof to such of those; persons as the Revenue Officer nominates in this behalf, and by proclamation of the contents thereof for the information of the other persons interested.

(4) A summons may, if the Revenue Officer so directs be served on the person named therein, either in addition to, or in’ substitution for, any other mode of service by forwarding the summons by registered post to the person concerned.

(5) When a summons is forwarded as aforesaid, the Revenue Officer may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post.

25. Mode of Service of notice, order or proclamation, or copy thereof.-

(1) A notice, order or proclamation, or a copy of any such document, issued by a Revenue Officer for service on any person, shall be served in the manner provided in section 24 for the service of a summons.

(2) No such notice, order or proclamation or copy thereof, shall be deemed void on account of any error in the name or designation of any person referred to therein, unless such error has occasioned substantial injustice.

26. Mode of making proclamation –

When a proclamation is issued by a Revenue Officer, it shall, in addition to any other mode of publication which may be prescribed by or under this Act, be made by beat of drum or other customary method and by affixing a copy thereof on a conspicuous place in or near the land to which it relates.

27. Inquiries under the Act to be deemed judicial proceedings –

(1) Every inquiry under this Act shall be deemed to be a ‘judicial proceeding’ within the meaning of sections 193, 219 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860), and the Revenue Officer holding an inquiry shall be deemed to be a Court for the purposes of such inquiry.

(2) Every hearing and decision in such inquiry shall be in public, and the parties or their authorized agents shall have due notice to attend.

28. Language of. Revenue Officers-

Government may, by notification, declare what shall, for the purposes of this Act, be deemed to be the language in ordinary use in any specified part of the Province.

29. Arrest of defaulter to be made upon warrant –

Whenever it is provided by this Act that a defaulter may be arrested, such arrest shall be made upon a warrant issued by the Revenue Officer competent to direct such person’s arrest.

30. Power of Revenue Officer to enter upon any lands or premises for purpose of measurements, etc. –

It shall be lawful for any Revenue Officer, and any person acting, under the orders of a Revenue Officer, at any time to enter, when necessary for the purpose of measurement, demarcation, fixation or inspection of boundaries or boundary marks, classification of soil or assessment, or for any other purpose connected with the lawful exercise of his office under the provisions of this Act, or any other law for the time being in force relating to land-revenue, upon any lands or premises, whether belonging to Government or to private individuals;

Provided that no premises used as human dwelling shall be entered upon except with the consent of the occupier thereof, or without serving on the occupier a notice of not less than seven days in the prescribed form.

Provided further that due regard shall always be paid to the social and religious prejudices of the occupiers.

31. Place of sittings –

(1) A Revenue Officer, other than an Assistant Collector of the first grade, may exercise his powers under this Act at any place within the limits of his jurisdiction.

(2) An Assistant Collector of the first grade may exercise his powers at any place within the District in which he is employed.

32. Proceedings held on holidays-

Any proceedings held before a Revenue Officer under this Act on a day notified as a holiday, shall not be invalid by reason of such proceedings having been held on that day.

33. Seals-

Government may from time to time by notification, prescribe what Revenue Officers shall use a seal, and what size and description of seal shall be used by each of such Officers.

34. Costs-

A Revenue Officer may give and apportion the costs of any proceedings under this Act in any manner he thinks fit.

Provided that if he orders that the cost of any such proceedings shall not follow the event, he shall record his reasons for the order.

35. Penalty –

If a person required by summons, notice, order or proclamation proceeding from a Revenue Officer to attend at a certain time and place within the limits of the deh in which he ordinarily resides or in which he holds or cultivates land, fails to comply with the requisition, he shall be liable at the discretion of the Revenue Officer to a fine which may extend to fifty rupees.

VILLAGE OFFICERS

36. Rules regulating appointments etc. of Village Officers –

The Board of Revenue may, with the previous approval of Government, make rules to regulate the appointment, duties, emoluments, punishment, suspension and removal of Village Officers.

37. Village Officers’ cess –

(1) Government may, by notification, impose on all or any of the dehs in the Province, a cess to be called the Village Officers’ cess, at such rate or rates, not exceeding five per centum of the land-revenue, as it may think fit, for remunerating Village Officers, other than those who are Government servants.

(2) The Board of Revenue may, with the previous approval of Government, make rules for the collection, control and distribution of the Village Officers’ cess.

38. Restrictions on attachment or assignment of remuneration of Village Officers:-

(1) The remuneration of a Village Officer mentioned under sub-section (1) of section 37 shall not be liable to attachment in execution of a decree or order of a Civil or Revenue court.

(2) An assignment of, or change on, or an agreement to assign or change, any such remuneration shall be void unless it is authorized by rules made by the Board of Revenue in this behalf.

CHAPTER VI

RECORD-OF-RIGHTS

39. Record-of-Rights and documents included therein.-

(1) Save as otherwise provided by this Chapter there shall be a record-of-rights for each deh.

(2) the record-of-rights for a deh shall include the following documents, namely:-
(a) statements showing, so far as may be practicable-

(i) the persons who are land-owners, tenants or who are entitled to receive any of the rents, profits or produce of the dehs or to occupy land therein;

(ii) the nature and extent of the interests of those persons, and the conditions and liabilities attaching thereto; and

(iii) the rent, land-revenue, rates, cesses or other payments, due from and to each of those persons and to Government;

(b) Omitted.

(c) A map of the deh; and

(d) Such other documents as the Board of Revenue may, with the previous approval of Government, prescribe.

[1] (e) statements in the form of electronic documents recorded through an automated information system and declared by the Board of Revenue through a notification to be computerized record of rights of a Deh.

40. Making of special revision of record-of-rights.-

(1) When it appears to the Board of Revenue that a record-of-rights for a deh (does not exist, or that the existing record-of-rights for a deh requires special revision, the Board of Revenue may, by notification, direct that a record-of-rights be made, or that the record-of-rights be specially revised, as the case may be.

(2) A notification under sub-section (1) may direct that record-of-rights shall be made or specially revised for all or any of the dehs in any local area.

(3) A record-of-rights made or specially revised for a deh under this section shall be deemed to be the record-of-rights for that deh, but shall not affect any presumption in favour of Government which has already arisen from any previous record-of-right.

[1] (4) Computerized record of rights of a Deh if declared by the Board of Revenue through notification to be authenticated computerized record of rights of a Deh shall be deemed to be record of rights:

Provided that before issuance of such notification, hardcopies of computerized record of rights so declared to be authenticated record of rights of a Deh shall be certified and verified to be true and genuine by the concerned Mukhtiarkar and the concerned Assistant Collector of the first grade in the same manner as provided in sub-section (11), (12) and (13) of section 42, and shall be kept in the Cell established under subsection (1) of section 42.

41. Periodical records.- Omitted.

42. Procedure for making records.-

(1) The Board of Revenue may, for exclusively doing the work connected with the maintenance of the record of rights and register of mutation of such rights, create, a cell in the office of Mukhtiarkar, consisting of such officials as may be determined by it.

(2) The record of rights and the registration of mutations shall be in three sets, one each with the cell, the office of the union council or the council concerned, constituted under the Sindh Local Government Ordinance, 1979 and the Tapedar.

(3) Where a person has acquired any right or interest in a holding otherwise than by easement or charge not amounting to mortgage within the meaning of section 100 of the Transfer of Property Act, 1882, he shall, orally or in writing; inform the Mukhtiarkar or such other officer as may be appointed by the Board of Revenue, hereinafter called as authorized officer of such acquisition within three months thereof;

Provided that where the person acquiring the right is a minor or is otherwise disabled to give such information, his guardian or other person having charge of his property shall give the information:

Provided further that it shall not be necessary to give the information if the right or interest has been acquired by a registered document in which case it shall be the duty of the Sub-Registrar concerned to inform the Mukhtiarkar or the authorized officer, within three months of the registration of the document.

Explanation.- A person in whose favour a mortgage is discharged or extinguished, or lease determined, acquires a right within the meaning of this sub-section.

(4) Where the information under sub-section (3) has been made orally, the Mukhtiarkar or the authorized officer shall reduce it to writing and obtain the signature or thumb impression of the person making the information. –

(5) The Mukhtiarkar or the authorized officer shall certify that the information required by sub-section (3) has been made and shall furnish such certificate to the person making it.

(6) The Mukhtiarkar or the authorized officer shall forward the information received by him under sub-section (3) to the incharge of the cell, if any, in case the Mukhtiarkar or the authorized officer is not himself the incharge, and the incharge shall, on receipt of such information or when he is otherwise satisfied that any acquisition of any right or interest in any holding has taken place, enter such acquisition in the register of mutation.

(7) The incharge of the cell or the Mukhtiarkar where there is no cell after making entry under sub-section (6) shall.-

(a) affix a copy of the entry on the Notice Board of the Taluka Office.

(b) forward a copy of the entry to the Tapedar concerned for affixing it at a conspicuous place in Tapedar’s Dero;

(c) intimate, by notice in writing, to all such persons who appear or are believed to be interested in the mutation.

(8) Any person aggrieved by the entry made under sub­section (6) may file objections against such entry with the incharge of the cell or with the Mukhtiarkar where there is no cell within fifteen days of the service of the notice under sub-section (7).

(9) The objections, if any, received under sub-section (8) shall be entered in a separate register, hereinafter to be called the register of disputed cases.

(10) The objections entered in the register of disputed cases shall be disposed by the Mukhtiarkar or such other officer authorized by the Board of Revenue in this behalf in open katcheri to be held in the concerned tapa and all parties interested in the objections shall be given a notice of not less than a week regarding the date and place of the katcheri and shall be given reasonable opportunity of being heard in the said katcheri and the orders made with regard to disposal of the objections shall be entered in the register of mutation.

(11) The entries made in the register of mutation shall, after they have been certified by the Mukhtiarkar, be transferred to the record of rights in such manner as may be laid down by the Board of Revenue.

(12) The incharge of the cell or the Mukhtiarkar where there is no cell shall, after the expiry of the period for filing objections, if no objections are filed, or within ten days of the order under sub-section (10) make the necessary corrections in the copy of the record of rights in his custody and direct in writing the supervising Tapedar to have the similar corrections made in the copies of the record of rights in the custody of the council concerned and the Tapedar within fifteen days of the receipt of the directions.

(13) The corrections under sub-rule (12) shall be attested.-

(i) by the Mukhtiarkar if the correction is made by the incharge of the cell;

(ii) by a Revenue Officer not below the rank of Assistant Mukhtiarkar in other cases.

[1] (14) The corrections in the computerized record of rights, shall be attested by the Assistant Collector of the first grade appointed for that specific purpose at the service center.

43. Omitted.

44. Determination of disputes.

(1) If during the making, revision or preparation of any record, or in the course of any inquiry under this Chapter, a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue Officer may of his own motion, or on the application of any party interested, but subject to the provisions of section 45, and after such inquiry as he thinks fit, determine the entry to be made as to that matter and record his reasons therefor.

(2) If in any such dispute, the Revenue Officer is unable to satisfy himself as to which of the parties there to is in possession of any property to which the dispute relates, he shall-

(a) if he be not below the rank of Assistant Collector of the first grade, ascertain, after an inquiry in which an opportunity shall be given to all the parties to the dispute of being heard and adducing evidence in support of their claims, who is the person best entitled to the property, and shall by written order direct that the person be put in possession thereof, and that entry in accordance with that order be made in the record or register; and

(b) if he be below the rank of Assistant Collector of the first grade report the matter to the Assistant Collector of the first grade, who shall thereupon proceed in the manner provided in clause(a).

(3) A direction under sub-section (2) shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction.

45. Restriction on variations of entries in records.-

Entries in a record-of-rights shall not be varied in subsequent records otherwise than by-

(a) making entries in accordance with facts proved or admitted to have occurred;

(b) making such entries as are agreed to by all the parties interested therein or are supported: by a decree or order binding on those parties.

(c) Omitted.

46. Mutation Fees.-

(1) The Board of Revenue may fix a seal of fees for all or, any classes of entries in any record or register under this Chapter and for copies of any such entries.

(2) A fee in respect of any entry shall be payable by .the person in whose favour the entry is made.

47. Obligation to furnish information necessary for the preparation of records.-

(1) Any person whose rights, interest or liabilities are required to be, or have been, entered in any record or register under this Chapter, shall be bound, on the requisition of any Revenue Officer or Patwari engaged in compiling or revising the record or register, to furnish or produce for his inspection, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.

(2) The Revenue Officer or Patwari to whom any information is furnished or before whom any document is produced in accordance with a requisition under sub-section (1) shall give a written acknowledgement thereof to the person furnishing or producing the same, and shall endorse on any such document a note over his signature, stating the fact of its production and the date thereof.

48. Penalty.-

Any person neglecting to make, within three months from the date of his acquisition of a right, referred to in section 42, the report required to be made under that section or who fails to furnish the information or produce the documents required by section 47, shall be liable, at the discretion of the Collector, to a fine not exceeding twenty-five rupees.

Rights of Government and presumptions

with respect thereto and to other matters.

49. Rights of Government in mines and minerals.-

Notwithstanding anything to the contrary in any other law, or in any order or decree of Court or other authority, or in any rule of custom or usage, or in any contract, instrument, deed or other document, all mines and minerals shall be and shall always be deemed to have been the property of Government, and Government shall have all powers necessary for the proper enjoyment of its rights thereto.

Explanation- For the purposes of this section, “Government”, in relation to nuclear energy, mineral oil and natural gas, shall mean the Federal Government, and in relation to other mines and minerals, the Provincial Government.

50. Presumption as to ownership of forests quarries and waste lands.-

(1) When in any record-of-rights completed, on or before the seventeenth day of July, 1879 in territories where the Bobmay Land Revenue Code, 1879, (Bombay Act V of 1879), or the Sindh Land Revenue Code, 1879 (Sindh Act V of 1879), was so in force, it is not expressly provided that any forest or quarry, or any unclaimed, unoccupied, deserted or wasteland or any spontaneous produce or other accessory interest in land belongs to the land owners. It shall be presumed to belong to Government.

(2) When in any record-of-rights completed after, the seventeenth day of July, 1879, it is not expressly provided that any forest or quarry, or any such land, produce or interest as aforesaid, belongs to Government, it shall be presumed to belong to the Land­owners concerned.

(3) The presumption created by sub-section (1) may be rebutted by showing-

(a) from the record or report made by the assessing officer at the time of assessment, or

(b) if the record or report is silent, then from a comparison between the assessment of villages in which there existed and the assessment of villages of similar character in which there did not exist, any forest or quarry, or any such land, produce or interest, that the forest, quarry, land, produce or interest was .taken into account in the assessment of the land-revenue.

(4) Until the presumption is so rebutted, the forest, quarry, land, produce, or interest shall be held to belong to Government.

51. Compensation for infringement of rights of third parties in exercise of a Right of Government.-

(1) Whenever, in the exercise of any right of Government referred to in sections 49 and 50, the rights of any person are infringed by the occupation or disturbance of the surface of any land. Government shall pay, or cause to be paid, to that person compensation for the infringement.

(2) The compensation shall be determined, as nearly as may be, in accordance with the provisions of the Land Acquisition Act, 1894 (Act I of 1894).

52. Presumption as to correctness of the record.-

An entry in a record of rights shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor.

53. Suit for declaratory decrees by persons aggrieved by an entry in a record.-

If any person considers himself aggrieved by an entry in a record of rights as to any right of which he is in possession, he may institute a suit for a declaration of his right under Chapter VI of the Specific Relief Act, 1877 (Act I of 1877).

Supplemental Provisions

54. Record of Rights and periodical records for groups of dehs.-

The Board of Revenue may, by notification direct that a record of rights shall be made for any group of neighbouring dehs instead of separately for each of such dehs and thereupon the provisions of this Chapter with respect to a record of rights for deh shall so far as they can be made applicable, apply to the record of rights and the periodical record for such group of dehs as if the group were a deh.

54-A. Power to call for information.-

(1) The Board of Revenue or any officer authorized by it may require, a land owner by a notice to be served as summons under section 24, or, a class of land owners by notification published in the official Gazette, to furnish information as to the extent of his or their ownership of land, and the area of such land within or outside the Province, in such form and manner, and within such time and to such person or authority as may be specified in the notice or, as the case may be, the notification.

(2) Whoever fails, without reasonable cause, to furnish the information required under sub-section (1) or furnishes the information which he knows, or has reason to believe to be false, or knowingly furnishes insufficient information, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or the both.

(3) No court shall take cognizance of any offence punishable under this section, except on a complaint in writing by a Revenue Officer specially or generally empowered in this behalf by the Board of Revenue.

55. Powers to make rules respecting records and other matters connected therewith.-

The Board of Revenue may, with the previous approval of Government, make rules-

(a) prescribing the language in which records and registers, under this chapter are to be made;

(b) prescribing the form of those records and registers, and the manner in which they are to be prepared, signed and attested;

(c) for the survey of land so far as may be necessary for the preparation and correction of those records and registers;

(d) for the conduct of inquiries by Revenue Officers under this Chapter; and

(e) generally for the guidance of Revenue Officers and Village Officers in matters pertaining to records and registers mentioned or referred to in this Chapter.

[1] (f) prescribing the forms of computerized record of rights including documents, records, data, information, communications, transactions, reports and maps in electronic, digital or computerized form.