The State Government may direct, by notification in the 82[official Gazette] that the survey or re-survey of any local area shall be made and every such local area shall, from the date of the said notification be hald to be under survey and record operations until the issue of another notification declaring such operations to be closed therein.
(82. Subs. vide Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 13-1-1958.)
107. Record Operations –
The State Government may likewise direct, in respect of any local area which has already been surveyed, that a general or partial revision of he records of such local area shall be made and thereupon such local area shall be held to be under record operations until such operations are similarly closed.
108. Record Officers –
The State Government, upon the issue of a notification under Section 106 or Section 107 -
(i) shall appoint an Additional Land Records Officer to be incharge of the operations referred to therein, unless a permanent Additional Land Records Officer shall have been appointed to the area brought under such operations, and
(ii) may appoint as many Assistant Land Records Officers as it may deem fit.
109. Mode of conducting operations –
The operations referred to in Sections 106 and 107 shall be in charge of the Director of Land Records and shall be conducted in the manner prescribed by the State Government.
110. Assistance in survey of boundaries –
(1) When any area is under survey and record operations, the Land Record Officer shall issue a proclamation informing all estate-holdres and tenants of such area that they are bound to render such assistance as may be required of them in the survey of theboundaries of the village as well as the boundaries of the fields therein.
(2) The Land Record Officer may isue a proclamation directing all estate-holders and tenants of the area under survey and record operations to erect within fifteen days such boundary marks as he may think necessary to define the limits of their village, estates or fields, and in default of their compliance within the time specified in the proclamation, he may himself cause such boundary marks to be erected at their cost.
111. Decision of disputes as to boundaries –
(1) In case of any dispute concerning any boundaries the Land Records Officer shall decide such dispute, so far as possible, on the basis of the exiting survey maps and where this is not possible or such maps are not available, on the basis of actual possession.
(2) If, in the course of an inquiry into a dispute under this section, the Land Records Officer is unable to satisfy himself as to which party is in the possession or it is shown that possession has been obtained by wrongful dispossession of the lawful occupants within a period of three months previous to the commencement of the inquiry the Land Records Officer shall ascertain by summary inquiry who is the party bease entitled to possession and shall then fix the boundary accordingly.
112. Preparation of map and field book –
In respect of every local area or part thereof under survey and record operations, the land Records Officer shall, in accordance with rules made by the State Government in that behalf, prepare for each village or portion of a village comprised in such area or part a map and a field book.
113. Preparation of record of rights –
In rspect of every local area under survey and record operations or only under record operations the Land Records Officer shall frame for each village or portio of a village comprised therein a record of rights.
114. Contents of record of rights –
The record of rights shall be prepared in such manner as may be prescribed by the State Government and shall consist of the rollowing, namely -
(a) a khewat, this is to say, a register of all estate-holders in the area under survey and record operations or under record operations, specifying the nature and extent of the interest of each and his co-sharers, mortgages in possession and persons holding land from him otherwise than as tenants, if any;
(b) a khatauni, that is to say, a register of all persons cultivating or otherwise holding or occupying land in such area, specifying the particulars required by Section 121; (c) a register of all persons holding land in such area free of rent or revenue; and (d) such other registers as may be prescribed.
115. Inviting claims to lands appearing to have no owner –
(1) When any local area is under survey and record operations or only under record operations the Land Records Officer shall mke lits of all lands in such area which appear to him to have no lawful owner and shall thereupon issue a proclaimation declaring his intention todemarcate such lands as the property of the State and inviting any person having any claims to or over them to present, within three months from the date of such proclamation, a petition in writing setting fourth such claims and the grounds therefore.
(2) If any such petition is presented, the Land Records Officer shall decide it summarily after making such inquiry as he deems necessary.
116. Procedure when unclaimed land is used for common purposes –
If no claim is made to such land as is mentioned in Section 115 or if such land is decided to be the property of the State but the inhabitants of the adjoining ;village or village prove that they have there to force enjoyed the use of such land for pastural or other agricultural purposes, the Land Records Officer may assign to such village or village so much of such land as he may consider requisite for such purpose and shall mark off the remainder as, and declare it to be, the property of the State.
117. Procedure when limited right over such land is established –
If a clain to the exercise of enjoyment of any right, not amounting to the right of exclusive possession, in, to or over any land comprised in the proclamation issued under Section 115 is established, the Land Records Officer may assign to the claimant as his property a define portion of such land, or, with the sanction of the State Government, otherwise compensate the claimant in accordance with the provision of the Rjaasthan Land Acquisition Act, 1953 (Rajasthan Act XXIV of 1953), and such assignment or compensation shall be held to extinguish all claims on account of such exercise or enjoyment.
118. Determination and record of khudkasht land –
The land Records Officer shall ascertain and determine the extent of all land as khudkasht and shall record the same as such.
119. Determinatio of the abadi of a village –
The Records Officer shall, in the case of every inhabited village, ascertain and determine the area to be reserved for the residence of the inhabitants thereof or for purposes, ancillary thereto and such area shall be deemed to be the abadi of such village.
120. Register of villages –
The Land Records Officer shall prepare in the prescribed form a list of all villages in the area under survey and record operations or under record operations, showing therein in the prescribed manner –
(a) the area liable to fluvial cultivation;
(b) the area having precarious cultivation;
(c) the revenue or rent assessed thereon and the person thorugh whom it is payable; and
(d) the area of which the revenue or rent has, either wholly or in part been released, remitted, assigned or compounded specifying the authority therefore and the conditions thereof.
121. Particulars to be stated in khatauni –
(1) The register of persons cultivating or otherwise holding or occupying land, prescribed by clause (b) of Section 114, shall specify as to each tenant the following particulars, namely :
(a) the nature and class of his tenure as determined in accordance with the provisions of 83[xxx] the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) 84[or any other law or enactment for the time being in force in the whole or any part of the State],
(b) the amount of premium, if any, paid by him for the acquisition of khatedari rights. (c) the date of the khatedari parcha, and the transfers, if any, made by him, together with all particulars of such transfers.
(d) the khasra number of each field comparised in his holding and the area thereof,
(e) the annual rent payable by him,
(f) any other condition of the tenure whether containe din a written lease or not,
(g) in the case of a person other than a khatedar tenant, the number of years during which he has held the land then in his possession, and
(h) such other particulars as may from time to time be prescribed.
(2) The register shall also specify the estate-holders (if any) holding land as khudkasht in accordance with the provisions of 83[xxx] the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) 84[or any other law or enactment for the time being in force in the whole or any part of the State] and shall state with respect to such land the number of years during which they have so held it.
(83. Omitted by Part B of the First Schedule to Raj. Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex-Ord., dt. 13-1-1958. 84. Inserted-Ibid.)
122. Attestation of entries 85[xxx] –
All undisputed entires in the recor of rights shall be attested by the parties interested 85[xxx].
(85. Expression “and decision ofdisputes” deleted by S. 2 of the Second Amendment Act No. 29 of1995, and the following expression also deleted : and all disputes regarding such entries, whether taken up by the Land Records Officer of his own motion or upon application by any party interested, shall be disposed of by him in accordance with the provisions of Secs. 123, 124 and 125. Pub. in Raj. Gaz. Ex-ord. 4(ka), dt. 22-11-1995, Page 125.)
123.86[xxx]
(86. Section 123 deleted by ibid. The text of S. 123 was as follows : Determination of class of tenant – (1) In case of any dispute regarding the class or tenure of any tenant, the Land Records Officer shall decide the dispute according to the principles laid down in the Rajasthan Tenancy Act, 1955 Rajasthan Act 3 of 1955). (2) In the trial of disputes under this section, the Land Records Officer shall observe the procedure prescribed under this Act. )
124. Procedure when rent or revenue payable is disputed –
In case of any dispute regarding the rent or revenue payable, the Land Records Officer shall not decide the dispute, but shall record, as payable, for the year in which the record of right is framed, the rent or revenue payable for the previous year, unless it has been enhanced or abated by a decree order or agreement under this Act or under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1995).
125.87[xxx]
(87. 1995, Page 125. The text of Section 125 was as follows : Settlement of disputes as to entires in record of rights- (1) All other disputes regarding entries in the reocrd of rights shallbe decided on the basis of possession. (2) If in the course of enquiry into a dispute under this section, the Land Records Officer is unable to satisfy himself as to which party is in possession, he shall ascertain by summary inquiry who is the person best entitled to possession, and shall decide the dispute accordingly. (3) No order as to possession passed under this section shall debar any person from establishing his right to the property in any civil or revenue court having jurisdiction. )
126. Existing records to be acted upon –
Until a new map and a field book are prepared under Section 112 or until a new record of rights is framed under Section 114, the existing map, field book and record of rights, if any, shall be the map, field book and record of rights of the area concerned.
127. Proceedings pending upon close of survey & record operations –
When the survey and record operations, or the record operations, as the case may be, are closed by a notification under Section 106 or Section 107, all applications and proceedings then pending before the Additional Land Records Officer shall, if such officer has not been appointed permanently, be transferred to the Collector.
128. Boundary disputes –
All disputes concerning boundaries shall be decided by the Land Records Officer in the manner laid down in Section 111:
88[Provided that applications in relation toboundaries of fields may be made to any disposed by the Tehsildar in cases where there eixsts no dispute as to such boundariesbut on account of the absence of proper boundary marks there is the likehood of such a dispute arising.]
(88. Added by Sec. 16 of Raj. Act No. 33 of 1959, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 30-6-1959. 89. Subs. vide Raj. Gaz. G. IV-C,Ex.-ord., dated 28-11-1963. )
129. Obligation of holders as to boundary marks -
(1) Ali holders of villages, estates or fields shall be bound to maintain and keep in repair and their own cost the permanent boundary marks lawfully erected thereon, and the Land Record Officer may at any time order such holders -
(a) to erect proper boundary marks on such villages, estates or fields, or
(b) to repair or renew in such form and material as he may prescribe all boundary marks lawfully erected thereon
(2) If such order is not complied with within thirty days from the communication thereof, such officer shall cause such boundary marks to be erected, repaired or renewed and shall recover the charges incurred from the holders concerned in such proportion as he thinks fit.
89[(3) In cases of boundaries of fields where there is no dispute as to such boundaries, action under sub-sections (1) and (2) may be zaken by the Tehsildar upon an application made to him or otherwise
130. Penalty for injury to, or removal of marks -
The Land Records Officer may order any person found to have w!Ifully erased, removed or damaged a boundary or survey mark to pay such sum, not exceeding tiny rupees for each marks o erased, removed or damaged, as may be necessary to restore it & to reward the informer. When such sum cannot be recovered, or if the offender cannot be discovered, the Land Records Officer shall restore the mark and recover the cost thereof from such land holders of the conterminous villages, estates or fields, as the case may be, as he thinks fit.
131. Maintenance of Map and Field Book –
After the survey and record operations are over, the map and the field book shall be maintained by the Land Records Officer, in accordance with the rules made by the State Government in that behalf and he shall cause, annually or at such longer intervals as the State Government may prescribe, to be recorded therein all changes in the boundaries of each village or portion of a village, estate or field and shall correct any errors which are shown to have been made in such map or field book.
132. Annual Registers –
(1) The Land Records Officer shall maintain the record of rights and for that purpose shall, annually or at such longer intervals as the State Government may prescribe, cause to be prepared a set or an amended set, as the case may be, of the registers enumerated in Sections 114 and the registers so prepared shall be called the annual registers.
(2) The Land Record Officer shall cause to be recorde din the annual registers in the prescribed manner, all changes that may take place and any transaction that may affect any of the rihts or interests recorded.
133. Report of succession and transfer of possession –
(1) Every person obtaining possession by succession, transfer or otherwise of any property or other right or interest in any land or the profits thereof, which is required by this Act or any rules made thereunder to be recorded in the annual registers shall bring the fact to the notice of the village Patwari and report it to the Tehsildar of the Tehsil in which such land is situated either director through the village Patwari or Land Records Inspector, within three months from the date of which he obtains such possession.
(2) If such person is a minor or otherwise disqualified, the guardian or other person who has charge of such person’s property shall make such report.
134. Fine for neglect to report –
Any person neglecting to make the report required by Section 133 shall be liable to a fine not exceeding rupees ten.
135. Procedure on report –
(1) The Tehsildar, on receiving such report or upon the fact coming otherwise to his knowledge, shall make such inquiry as appears necessary and in undisputed cases, if the succession or transfer or other acquisition appears to have taken place, shall record the same in the annual registers.
(2) If the succession or transfer or other acquisition is disputed, the Tehsildar shall, if competent under this Act or any other law for the time being in force decide such dispute according to law and if not so competent, refer the dispute to any other officer so competent for decision.
136.90[Correction of errors –
The land Records Officer may, at any time, correct or cause to be corrected in the prescribed manner any clerical errors and any errors which the parties interested admit to have been made in the record of rights or register, or which a REvenue Officer may notice during the course of his inspection in any Register:
Provided that when any error is noticed by a Revenue Officer in any record of rights during the course of his inspection, no error shall be corrected unless a notice to show cause has been given to the parties.]
(90. Subs. for the following by Sec. 5 of the RLR (Second Amendment) Act, 1995 (Act No. 29 of 1995), pub. in Raj. Gaz. E. 4(ka) dated 22-11-95, page 125. 136. Decision of disputes – All disputes respecting the class of tenure of any tenant or regarding the rent or rev. payable or reg. entries in annual aregisters shall bedecided in accordance with provisions of Sec. 123 or 124 or 125, as the case may be. )
137. Succession to estates –
Notwithstanding anything contained in this Act succession to, and transfer of an estate shallbe governed and regulated by and be determine din accordance with the law, usage or pratice of the local area in which such estate lies, and such law, usage or practice shall notwithstanding the provisions of Section 263, continue in force for the purpose aforesaid.
138. Inspection of records –
All maps, field books and registers prepared under this Act, shall be open to public inspection free of cost at such hours, at such place and on such conditions as the State Government may prescribe.
139. Copies of entries –
The patwari shall, when so required, prepare and issue copies of entries from the registers and records maintained under this Chapter on payment of such copying fees as may from time to time be prescribed by the State Government and such copies shall be attested in the prescribed manner.
140. Presumption as to entires –
All entires made in the record of rights shall be presumed to be true until the contrary is proved.
140.A.Procedure in disputes relating to khudkasht entries –
(1) Notwithstanding anything contained in Sections 125 and 136, where a dispute arises as to the correctness or otherwise of any entry in the record to rights relating to Khudkasht in respect of any Bir or Jore which was used by a Jagirdar as a grass preserve and let cut for grassing either after the grass was cut or removed or before, with or without any grassing fee, the decision of such dispute shall be based on possession of the particular piece of land as Khudkasht in accordance with the provisions of the law for the time being in force regulating and governing the allotment and demarcation of land as Khudkasht:
Provided that no such entry shall be liable to be called in question if the total area of Khudkasht in the possession of the Jagirdar does not exceed twice the minimum area prescribed for the purpose of clause (a) of sub-section 91) of Section 180 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
(2) An application or proceeding under sub-section (1) for the correction of an entry relating to Khudkasht made in the record of rihts on or before the commencement of the Rajasthan Land Revenue (Amendment) Act. 1959, may be presented or started within five years from the date of such commencement and not later].
141. Decisions to be binding on revenue courts –
Subject to the provisions of sub-section (3) of Section 125, all decisions under this Chapter in cases of dispute shall be binding on all revenue courts in rspect of the subject-matter of the dispute unless such dispute be with regard to the rent or revenue payable by a tenant.