104. Formation of patwaris' circles and appointment of patwaris thereto.—

(1) The Collector shall from time to time arrange the villages of the tahsil in patwari circle and may, at any time, alter the limits of any existing circle and may create new circles Of abolish existing ones.

(2) 1[The Collector] shall appoint one or more patwaris to each patwari circle for the maintenance and correction of land records and for such other duties as the State Government may prescribe.

(3) Notwithstanding any usage or anything contained in any treaty, grant, or other instrument, no person shall have any right or claim to continue or to be appointed as a patwari on the ground of right to succeed to such office by inheritance.

105. Formation of Revenue Inspectors' circles.—

The Collector shall arrange the patwari circles in the tahsil into Revenue Inspectors' circles and may, at any time, alter the limits of any existing circle and may create new circles or abolish existing circles.

106. Appointment of Revenue Inspectors, etc.—

(1) The Collector may appoint to each district as many persons as he thinks fit to be revenue inspectors, town surveyors, assistant town surveyors and measurers to supervise the preparation and maintenance of land records and to perform such other duties as may be prescribed.

(2) The town surveyor and assistant town surveyor shall be deemed to be a patwari for the purposes of Sections 28, 109, 110, 112, 118 and 120 in respect of the areas under their charge.

107. Field map.—

(1) There shall be prepared a map showing the boundaries of survey numbers or plot numbers and waste lands called the field map for every village except when otherwise directed by the State Government.

(2) There may be prepared for the abadi of each village a map showing the area occupied by private holders and the area not so occupied and such other particulars as may be prescribed.

(3) If the State Government considers that in the- case of any village it is necessary to show separately in the map prepared under sub-section (2) the plots occupied by private holders, it may direct the Collector to get the map so prepared or revised.

(4) If any Gram Panchayat passes a resolution that a map of the village abadi should be prepared showing separately the plots occupied by private holders and is willing to contribute to the cost of survey operations in such proportion as may be prescribed, the State Government may undertake the preparation of such map.

[(5) Such map shall be prepared or revised, as the case may be, by the Settlement Officer at [revenue survey] and by the Collector at all other times and in all other circumstances.]

108. Record of rights.-

[(1)1 A record-of-rights shall in accordance with rules made in this behalf be prepared and maintained for every village and such record shall include following particulars : —

(a) the names of all bhumiswamis together with survey numbers or plot numbers held by them and their area, irrigated or unirrigated;

(b) the names of all occupancy tenants and Government lessees together with survey numbers or plot numbers held by them and their area, irrigated or unirrigated;

(c) the nature and extent of the respective interests of such persons and the conditions or liabilities, if any, attaching thereto;

(d) the rent or land revenue, if any, payable by such persons;and

(e) such other particulars as may be prescribed. [(2) The record-of-rights mentioned in sub-section (1) shall be prepared during a [revenue survey] or whenever the State Government may, by notification, so direct.]

109. Acquisition of rights to be reported.—

(1) Any person lawfully acquiring any right or interest in land 6[x x x] shall report orally or in writing his acquisition of such right to the patwari within six months from the date of such acquisition, and the patwari shall at once give a written acknowledgement for such report to the person making it in the prescribed form :

Provided that when the person acquiring the right is a minor or is otherwise disqualified, his guardian or other person having charge of his property shall make the report to the patwari.

[Explanation I.—

The right mentioned above does not include an easement or a charge, not amounting to a mortgage, of the kind specified in Section 100 of the Transfer of Property Act, 1882 (IV of 1882).]

Explanation II. —

A person, in whose favour a mortgage is redeemed or paid off or a lease in determined, acquires a right within the meaning of this section.

Explanation III.—

For the purpose of this chapter, the term "patwari" includes any person appointed to perform the duties of a Patwari under this chapter.

Explanation IV—

Intimation in writing required to be given to the patwari under this section may be given either through a messenger or handed over in person or may be sent by registered post.

(2) Any such person as is referred to in sub-section (1) may also report in writing his acquisition of such rights to the Tahsildar within six months from the date of such acquisition. ,

110. Mutation of acquisition of right in Field Book and other relevant land records.—

(1) The Patwari shall enter into a register prescribed for the purpose every acquisition of right reported to him under Section 109 or which comes to his notice - from intimation from Gram Panchayat or any other source.

(2) The Patwari shall intimate all the reports regarding acquisition of right received by him under sub-section (1) to the Tahsildar within thirty days of the receipt thereof by him.

(3) On receipt of the intimation from patwari under sub-section (2), the Tahsildar shall have it published in the village in the prescribed manner and shall also give written intimation thereof to all persons appearing to him to be interested in the mutation and also to such other persons and authorities as may be prescribed.

(4) The Tahsildar shall after affording reasonable opportunity of being heard to the persons interested and after making such further enquiry, as he may deem necessary, make necessary entry in the Field Book and other relevant lands records.]

111. Jurisdiction of Civil Courts. —

The Civil Courts shall have jurisdiction to decide any dispute to which the State Government is not a party relating to any right which is recorded in the record-of-rights.

112. Intimation of transfers by Registering Officers.—

When any document purporting to create, assign or extinguish any title to or any charge on land used for agricultural purposes, or in re-spect of which a field book has been prepared, is registered under the Indian Registration Act, 1908 (XVI of 1908), the Registering Officer shall send intimation to the Tahsildar having jurisdiction over the area in which the land is situate in such form and at such times as may be prescribed by rules under this Code.]

113. Correction of clerical errors.—

The 1[Sub-Divisional Officer] may at any time, correct or cause to be corrected any clerical errors and any errors which the parties interested admit to have been made in the record-of-rights.

114 Land records.—

In addition to the map and Bhoo Adhikar Pustikas, there shall be prepared for each village a khasra or field book and such other land records as may be prescribed.

114-A. Bhoo Adhikar Avam Rin Pustika.—

(1) It shall be obligatory upon every bhumiswami, whose name is entered into the khasra or field book prepared under Section 114, to maintain a Bhoo Adhikar Avam Rin Pustika in respect of his all holdings in a village which shall be provided to him on payment of such fee as may be prescribed.

(2) The Bhoo Adhikar Avam Rin Pustika shall be in two parts, namely Part I ' consisting of rights over holding and encumbrances on the holding and Part II consisting of rights over holding, recovery of land revenue in respect of the holding and the encumbrances on the holding and shall contain —

(i) such of the entries of khasra or field book pertaining to a holding of a bhumiswami as may be prescribed; 

(ii) particulars in respect of recovery of land revenue, Government loan and non-Government loan in respect of such holding;

(iii) such other particulars as may be prescribed.

(3) In case of any difference between the entries contained in the khasra or field book and the Bhoo Adhikar Avam Rin Pustika, the Tahsildar may, either on his own motion or on an application made to him in that behalf and after making such enquiry as he may deem fit, decide the same and the decision of the Tahsildar shall be final.]

115. Correction of wrong entry in khasra and any other land records by superior officers.—

If any Tahsildar finds that a wrong or incorrect entry has been made in the land records prepared under Section 114 by an officer subordinate to him, he shall direct necessary changes to be made therein in red ink after making such enquiry from the person concerned as he may deem fit after due written notice.]

116. Disputes regarding entry in khasra or in any ether land records.—

(1) If any person is aggrieved by an entry made in the land records prepared under Section 114 in respect of matters other than those referred to in Section 108, he shall apply to the Tahsildar for its correction within one year of the date of such entry.

(2) The Tahsildar shall, after making such enquiry as he may deem fit, pass necessary orders in the matter.]

117. Presumption as to entries in land records.—

All entries made under this Chapter in the land records shall be presumed to be correct until the contrary is proved.

118. Obligation to furnish information as to title.—

(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 in writing of any Revenue Officer, Revenue Inspector or Patwari engaged in compiling or revising the record or register to furnish or produce for his inspection, within one month from the date of such requisition, 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, Revenue Inspector or Patwari to whom any information is furnished, or before whom any document is produced under sub section (1) shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date the receipt of.

119. Penalty for neglect to furnish information.—

(1) Any person neglecting to make the report required by Section 109, or furnish the information or produce the documents required by Section 118, within the specified period shall be liable, at the discretion of the 4[Tahsildar], to a penalty not exceeding lone thousand rupees], which shall be recoverable as an arrear of land revenue.

(2) Any report regarding the acquisition of any right '[under Section 109] received by the patwari after the specified period shall be dealt with in accordance with the provisions of Section 110.

[Provison Omitted.]

120. Requisition of assistance in preparation of maps and record of rights. —

Subject to rules made- under this Code, any Revenue Officer, Revenue Inspector, Measurer or Patwari may, for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter, call upon any holder of land and any holder of plot in abadi to point out the boundaries of his land or plot:

121. Power to make rules for land records.—

The State Government may make rules for regulating the preparation, maintenance and revision of land records required for the purposes of this Code.

122. Exemption from provisions of this Chapter.—

The State Government may, by notification, direct that this Chapter or any provisions thereof shall not apply to any specified local area or to any lands or any class of villages or lands.

123. Record-of-rights at commencement of Code.—

(1) Until record of rights for the villages in the Madhya Bharat, Bhopal, Vindhya Pradesh and Sironj regions is prepared in accordance with the provisions of Section 108 the jamabandi or khatauni of every such village for the agricultural year as the State Government 66 may notify shall, so far as it contains the particulars Specified in Section 108, be deemed to be the record-of-rights, for that village.

(2) The jamabandi or khatauni referred to in sub-section (1) shall be published in the village in such manner as may be directed by the Collector.

(3) Objections may be filed to any entry in jamabandi or khatauni which shall be disposed of by the Tahsildar in such manner as may be prescribed.]

(4) The jamabandi of the villages in the Mahakoshal region for the agricultural year 4[1954-55] shall continue to be deemed to be record-of-rights of such village until a record-of-rights is prepared in accordance with the provisions of Section 108.