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 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.