Bare Acts · Local Laws · The Chhattisgarh Land Revenue Code, 1959 · English Medium Bare Acts
Sec 104 to 123 Chapter IX (Land Records) The Chhattisgarh Land Revenue Code, 1959
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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 circles and may, at any time, after the limits of any existing circle and may create new circles or abolish existing ones.
(2) 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 prescribed.
(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 measures to supervise the preparation and maintenance of land records and to perform such others 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.
(1) There shall be prepared a map showing the boundaries of survey numbers or plot numbers and waste lands called the i[map of the land] 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 ^District Survey Officer] at [1] [2][land survey] and by the Collector at all other times and in all other circumstances.
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022^ for the words "field map".
[1] Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Settlement Officer".
[1] Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "revenue survey".
108. Record of rights.—
(1) A record-of-rights shall in accordance with rules made in this behalf be prepared and maintained for every village [3] [and urban area] and such record shall include the 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 [4][* * *] 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 2[land survey] or whenever the State Government may, by notification, so direct.
[1] Inserted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.
[1] The words "occupancy tenants and" omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022.
109. Acquisition of rights to be reported.—
(1) Any person lawfully, acquiring any right or interest in land 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 acknowledgment 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 is 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 land records.—
(1) The Patwari shall record every acquisition of right which has been reported to him under Section 109 or which comes to his notice on information received through online medium or any other source, in the online e-Namantaran portal prescribed for the purpose.
(2) All such reports relating to the acquisition of right, as the case may be, received by the Patwari under sub-section (1), shall be sent to the Tahsildar within prescribed time period by the State Government in such manner and in such form as may be prescribed.
(3) On receipt of intimation under Section 109 or on receipt of intimation of acquisition of such rights through online medium or from any other source, the Tahsildar within prescribed time period, shall,—
(a) initiate the process of mutation in the online e-Namantaran portal,
(b) issue notice to all the interested parties,
(c) publish the public notice or advertisement on the official notice board, at the designated place in the concerned village/city and on the departmental web portal.
(4). On receipt of objection in any case or if the Tahsildar finds the matter to be disputed for any reason, he shall register the case by transferring it to his e- revenue court from the online e-Namantaran portal, otherwise all the proceedings in the case will be done through the online e-Namantaran portal.
(5) The Tahsildar shall, after giving the interested persons a reasonable opportunity of being heard and after making such further inquiry as he may deem necessary, pass orders relating to the mutation and shall make necessary entries in such other relevant land records including the khasra and map of the village, as the case may be. The patwari shall verify the records by correcting them within prescribed time period, after which the Tahsildar shall file the case.
(6) Notwithstanding anything contained in Section 35, no case under this Section shall be dismissed in the absence of any party and shall be disposed of in order of merit.
(7) On the basis of registered document, after publication of advertisement and service of information to the concerned interested parties regarding the mutation on any land, appropriate orders will be passed on the basis of the document in case of any objection are not received or absence of the parties.
(8) Alkproceedings under this Section, shall be completed within prescribed time period. In the case, where the cases are not disposed off within the specified period, the Tahsildar shall report the information of pending cases to the Collector in such form and manner as may be prescribed.]
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 110 stood as under :—
"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 or 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
person appearing to him to be interested in the mutation and also to such other person 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 land 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 respect 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 Sub-Divisional Officer may at any time, correct or cause to be corrected any clerical errors and any erros which the parties interested admit to have been made in the record-of-rights.
1[114. Land Records.—
The following land records shall be prepared for each village and urban areas, namely :—
(a) the map of the village/ urban area, the map of the Abadi and the map of the land under Section 107,
(b) record of rights' under Section 108,
(c) B-l, khasra/nazul maintenance khasra or field book in such form as may be prescribed,
(d) Kisan Kitab under Section 114A,
(e) the details of all unoccupied land under Section 233,
(f) Nistar Patrak under Section 234,
(g) Wajib-ul-Arz, if any, under Section 242,
(h) register related to boundary and boundary marks,
(i) the details of the diverted land,
(j) the Encroachment Register,
(k) any other record as may be prescribed.]
1. Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 114 stood as under :— ,
"114. Land records.—In addition to the map and Bhoo Adhikar Pustika, there shall be prepared for each village a
khasra or field book and such other land records as may be prescribed.".
114-A. ^[Kisan Kitab].—
(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 [1] [2] [Kisan Kitab] 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 ifKisan Kitab] 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 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-Govemment 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 1[Kisan Kitab], 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.
(Substituted by C.G. Act No. 11 of 2003, w.e.f. 23-11-2002.)
2[115. Correction of wrong or incorrect entry in land record.—
(1) Sub- divisional Officer may, on his own motion or on application of an aggrieved person, after making such enquiry as he deems fit, correct any wrong or incorrect entry including an un-authorised entry in the land records prepared under Section 114 other than Kisan Kitab and record of rights, and such corrections shall be authenticated by him:
Provided that no action shall be initiated for correction of any entry pertaining to a period prior to five years without the sanction in writing of the Collector.
(2) No order shall be passed under sub-section (1) without,—
(a) getting a written report from the Tahsildar concerned; and
(b) giving an opportunity of hearing to all parties interested:
Provided that where interest of Government is involved, the Sub-Divisional Officer shall submit the case to the Collector.
(3) On receipt of a case under subsection (2), the Collector shall make such enquiry and pass such order as he deems fit.]
Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 115 stood as under:—
' 115. Correction of wrong entry in khasra and any other land records by superior officers.—If any Tasildar finds that a wrong or incorrect entry has been made in the land records prepared under Section 114 by an officer sub-ordinate 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. ![***]
[1] Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 116 stood as under:—
"116. Disputes regarding entry in khasra or in any other 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.
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 subsection (1) shall at once give a written acknowledgment 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
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 Tahsildar, to a penalty not exceeding [1] [2] [3][one thousand] rupees, which shall be recoverable as an arrear of land revenue.
3[(1-A) As required under Section 112, if Registering Officer does not provide the information prescribed under rules made under Section 110 within one month then Tahsildar may impose fine not exceeding five thousand rupees, which shall be recoverable as arrears 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.
2. Substituted by C.G. Act No. 32 of'2013, w.e.f. 19-8-2013.
3. Inserted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.
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 a 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 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 Jambandi 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 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.