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 estates 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 charge on, or an agreement to assign or charge, any such remuneration shall be void unless it is authorised by rules made by the Board of Revenue in this behalf.

 

CHAPTER VI

RECORDS

Records-of-rights and Periodical Records

39. Records-of-rights and documents included therein.– (1) Save as otherwise provided by this Chapter there shall be a record-of-rights for each estate.

      (2)  The record-of-rights for an estate 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 estate 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)  a statement of customs respecting rights and liabilities in the estate;

            (c)  a map of the estate; and

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

 

40. Making of special revision of record-of-rights.– (1) When it appears to the Board of Revenue that a record-of-rights for an estate does not exist, or that the existing record-of-rights for an estate 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 estates in any local area.

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

 

41. Periodical records.– (1) 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 record-of-rights amended in accordance with the provisions of this Chapter.

      (2)  Such edition of the record-of-rights shall be called the periodical record for the estate, and shall comprise the statements mentioned in clause (a) of sub-section (2) of section 39, and such other documents, if any, as may be prescribed.

      (3)  For the preparation of periodical records, the Collector shall cause to be maintained by the Patwari of each estate a register of mutations in the prescribed form and other prescribed registers, if any.

 

[33][41-A.      Preparation of computerized records.– (1) The Board of Revenue shall cause to be prepared, in computerized form, the latest edition of the periodical record of an estate and if no such record exists, the latest edition of the record-of-rights of the estate.

      (2)  The Board of Revenue shall, by notification, specify a date for the commencement of the operation of computerized edition of record-of-rights of an estate or a group of estates.

      (3)  The Board of Revenue shall, by notification, prohibit preparation of periodical record of an estate under section 41 from a specified date.]

 

[34][41-B.      Computerized periodical records.– (1) The Collector shall cause to be prepared periodically, as the Board of Revenue may direct, a computerized edition of the record-of-rights amended in accordance with the provisions of this Chapter.

      (2)  The computerized edition of record-of-rights shall be called the periodical record for an estate and shall comprise the statements mentioned in clause (a) of sub-section (2) of section 39.

      (3)  The Collector shall cause to be maintained, in computerized form, record of mutations in an estate and other documents, as may be prescribed.]

 

Procedure for making records

42. Making of that part of periodical records which relates to land-owners.– (1) [35][Subject to the other provisions of this Chapter, a person] acquiring by inheritance, purchase, mortgage, gift, or otherwise, any right in an estate as a land-owner, or a tenant for a fixed term exceeding one year, shall, within three months from the date of such acquisition, report his acquisition of right to the Patwari of the estate, who shall–

      (a)  record such report in the Roznamacha to be maintained in the prescribed manner;

      (b)  furnish a copy of the report so recorded, free of cost, to the person making the report; and

        (c)   send a copy of the report, within a week of its receipt by him, to the [36][office of the Union Administration] within which the estate is situated.

      [37][* * * * * * * * *]

      (2)  If the person acquiring the right is a minor or is otherwise unable to report, his guardian or other person having charge of his property shall make the report to the [38][Patwari [39][* * * *]].

      (3)  The Patwari shall enter in his register of mutations every report made to him under sub-section (1) or sub-section (2), and shall also make an entry in the Roznamcha and in the register of mutations respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place, and of which report should have been made to him under either of those sub-sections and has not been so made.

      (4)  The report made to the Patwari under sub-section (1) or sub-section (2) or recorded by him under sub-section (3) shall be displayed in such manner as may be prescribed.

      (5)  If the Patwari fails to record or to display a report made to him under sub-section (1) or sub-section (2), the person making the report may make the report, in writing, to the Revenue Officer concerned and the [40][Union Nazim of the Union] in which the estate is situated, by registered post acknowledgement due and the Revenue Officer shall thereupon cause such report to be entered in the register of mutations.

      (6)  A Revenue Officer shall, from time to time, inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which, under the foregoing sub-sections, report should have been made to the Patwari and entries made in that register, and, shall in each case make such order as he thinks fit with respect to any entry in the periodical record of the right acquired.

      (7)  Except in cases of inheritance or where the acquisition of the right is by a registered deed or by or under an order or decree of a Court, the Revenue Officer shall make the order under sub-section (6) in the presence of the person whose right has been acquired, after such person has been identified by two respectable persons, preferably from Lambardars or members of the [41][Zila Council, Tehsil Council or Town Council] concerned whose signatures or thumb-impressions shall be obtained by the Revenue Officer on the register of mutations.

      (8)  An inquiry or an order under sub-section (6) shall be made in the common assembly in the estate to which the mutation, which is the subject matter of the inquiry, relates.

      (9)  Where a Revenue Officer makes an order under sub-section (6) in regard to the acquisition of any right, an entry shall be made in the periodical record by the insertion therein of a description of the right acquired and by the omission from such record of any entry in any record previously prepared, which, by reason of the acquisition, has ceased to be correct.

      (10)   If within three months of the making of a report of the acquisition of a right under sub-section (1) or sub-section (2), or the recording by the Patwari of an entry in the Roznamcha under sub-section (3) respecting the acquisition of any right, no order is made by the Revenue Officer under sub-section (6), he shall report the cause of delay to the Collector in the prescribed manner.

      (11)   The Revenue Officer shall, in the prescribed manner, send or cause to be sent, the gist of an order made by him under sub-section (6), to the person whose right is acquired, and also to the [42][office of the Union Administration] in which the estate is situated.

 

[43][42-A. Report of acquisition of rights.– [44][(1) With effect from the date notified under subsection (2) of section 41-A, a person acquiring a right in an estate by inheritance, purchase, mortgage, gift or otherwise as a land owner or a tenant for a term exceeding one year, shall, within three months from the date of the acquisition, report the acquisition of the right to the Arazi Record Centre.]

      (2)  If the person acquiring the right is a minor or is otherwise unable to report, his guardian or the person having charge of his property shall make such report to the [45][Arazi Record Centre].

      [46][(3) Subject to subsection (4), the Arazi Record Centre shall take further necessary action on the report made under subsection (1) and subsection (2) in the manner as may be prescribed under the Punjab Land Records Authority Act 2017 (VI of 2017).]

      [47][(4) Until rules are made under the Punjab Land Records Authority Act 2017 (VI of 2017), the procedure provided in the rules made under this Act shall be followed.]

      [48][* * * * * * * *]

 

43. Making of that part of periodical record which relates to other persons.– [49][(1)] The acquisition of any interest in land other than a right referred to in sub-section (1) of section 42 shall–

      (a)  if it is undisputed, be recorded by the Patwari in the prescribed manner; and

      (b)  if it is disputed, be entered by the Patwari in the register of mutations and dealt with in the manner provided for in sub-sections (6) to (11) of that section.

      [50][(2) If a person acquires an interest in land other than a right referred to in sub-section (1) of section 42-A,–

            (a)  the Patwari shall record the interest and send the record to the [51][Arazi Record Centre] in the prescribed manner; and

            (b)  the [52][Arazi Record Centre] shall enter the record in the computerized land records in the manner, as may be prescribed.]

 

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 thereto 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.

 

[53][45. Restriction on variations of entries in records.– Entries in a record-of-rights or in a periodical record, except entries made in periodical records with respect to undisputed acquisition of interest under section 43, 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; and

         (c)  making new maps where it is necessary to make them.]

 

[54][46. Mutation fees.– [55][(1) Subject to subsection (2) and subsection (4), the Board of Revenue may fix the scale of fees for an entry in any record or register under this Chapter and also for provision of a copy of any such entries.]

      (2)  Where the scale of mutation fee is fixed at a certain percentage of the consideration or value of land, the consideration or value of the land shall be calculated according to the valuation table notified by the District Collector in respect of the land situated in the locality under the Stamp Act 1899 (II of 1899).

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

[56][(4) The Punjab Land Records Authority established under the Punjab Land Records Authority Act 2017 (VI of 2017) may fix the scale of fees for a computerized mutation and fee for provision of a certified copy of any entries in computerized land records.]

 

47. Obligation to furnish information necessary for the preparation of records.– (1) Any person whose rights, interests 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.

 

[57][48. Penalty.– (1) Subject to sub-section (2), a person who neglects to make, within three months from the date of his acquisition of a right referred to in section 42 or section 42-A, the report required to be made or who fails to furnish the information or produce the documents required under section 47, shall be liable, at the discretion of the Collector, to a fine not exceeding five hundred rupees.

      (2)  If a person acquires a right through a registered document, the Registering Authority shall, in the prescribed manner, make a report of the acquisition of the right to the Patwari or the [58][Arazi Record Centre].]

 

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 [59][Federal] Government, and in relation to other mines and minerals the Government of [60][the Punjab].

 

50. Presumption as to ownership of forests, quarries and waste-lands.– (1) When in any record-of-rights completed on or before the eighteenth day of November, 1871, in territories where the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), was, with or without modifications, in force immediately before the commencement of this Act [61][* * *] it is not expressly provided that any forest or quarry, or any unclaimed, unoccupied, deserted or waste-land 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 eighteenth day of November, 1871, or the seventeenth day of July, 1879, as the case may be, 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 land-owners 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 in favour of entries in records-of-rights and periodical records.– Any entry made in a record-of-rights in accordance with the law for the time being in force, or in a periodical record in accordance with the provisions of this Chapter and the rules made thereunder, 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 or in a periodical record 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. Records-of-rights and periodical records for groups of estates.– The Board of Revenue may, by notification, direct that a record-of-rights shall be made for any group of neighbouring estates instead of separately for each of such estates and thereupon the provisions of this Chapter with respect to a record-of-rights and a periodical record for an estate shall so far as they can be made applicable, apply to the record-of-rights and the periodical record for such group of estates as if the group were an estate.

 

[62][54-A.   Power to call for information.– (1) The Board of Revenue may by notification require a land owner or a class of land owners to furnish such information as to the extent of his or their ownership of land, whether such land is situated wholly within the Province or partly within the Province and partly outside the Province, in such form and manner, within such time and to such person or authority as may be specified in the notification.

      (2)  Whoever fails, without reasonable cause, to furnish the information required under sub-section (1) or furnishes information which he knows, or has reason to believe to be false or omits to give any information material for the purpose for which it is required, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

      (3)  No court shall take cognizance of an offence punishable under this section, except on a complaint in writing by a Revenue Officer especially 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; [63][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 [64][.]

      [65][(f) * * * *]