(2) If the arrear has been due for more than six months the application shall be
rejected, unless the applicant satisfies the Revenue Officer that the delay in realizing the
arrear is not due to his neglect, and, if he is so satisfied, the Revenue Officer shall proceed as
in sub-rule (1).
58. Recovery of arrears from defaulters.- On the date fixed for the attendance of the
defaulter, or any subsequent date to which the matter may be adjourned the Revenue Officer
shall make an inquiry into the existence of the arrear. And if it is proved, he shall record an
order stating the amount of the arrear and the person who is the defaulter, and shall thereafter
proceed to recover the same.
59. Sale under section 88 or section 90 to be preceded by attachment.-(l) When it is
proposed to sell a holding or any other immovable property under section 88 or section 90,
such holding or immovable property shall, in the first place, be attached in the manner
provided in section 85.
(2) The sale of immovable property shall be conducted by a Revenue Officer not
below the rank of a Tehsildar.
PROCESS FEES
60. Charge for service of processes.- For the service of every notice of demand,
warrant or other process for the collection of Revenue, under Chapter VIII and IX of the Act,
45
[the following charges shall be made: -
(i) where the revenue involved is Rs.10 or less .. Rs.1.50
(ii) where the revenue involved is more than Rs.10 and less Rs.5.00
than Rs.1,000.
(iii) where the revenue involved is Rs.1,000 and above .. Rs.10.00]
PART VIII-REMISSION OF LAND REVENUE
61. Power to sanction remission.-The Delegation of Powers, in respect of the
remission of land revenue are as under:-
(a) Remission of land
revenue on account of
failure of crop
(b) Remission of land
revenue during
calamities
45
(i) Board of Revenue
(ii) Commissioners
(i) Board of Revenue
(ii) Commissioners
(iii) Deputy Commissioners
Substituted by Board of Revenue, Punjab’s notification No.3969-73/1492-LR-II, dated 29
Full Powers
Full Powers
Full Powers
Rs.10,000 per district
Upto Rs.1,000
th
June, 1973, published in the
Gazette of Punjab, Extraordinary, June 29, 1973 for the words and figures “a charge of Re. 1 shall be made where the
revenue involved is more than Rs. 5 and 75 paisa where the revenue involved is Rs. 5 or less”.
PART IX-SURVEY AND BOUNDARIES
62. Demarcated areas of forest land, etc. owned by Government to be considered
estates.-All demarcated areas of uncultivated and forest land owned by Government are
declared to be estates within the meaning of the Act.
63. Survey marks.-The survey marks defined in clause (24) of section 4, set up by
the Survey of Pakistan include:-
(i) Great Trigonometrical Stations.
(ii) Base line stones, placed in the course of riverain surveys.
(iii) Traverse stations (in estates not surveyed on the square system).
(iv) other traverse data (such as corner stones, indicating blocks in the
rectangulation).
(v) international boundary pillars.
64. Boundary marks.- The following boundary marks shall be erected by or under
the orders of Revenue Officers-
A-TRI-JUNCTION PILLARS (SIHADAS)
At every point, where the boundaries of more than two estates meet and, at such other
places on the boundary line, as may be necessary for the convenient determination, of the
boundary of an estate, a tri-junction pillar of the following specification shall be constructed:
-
Material.-A single block of stone, or masonry of stone or burnt brick with lime
mortar; if masonry, upper surface to be plastered with pacca lime plaster.
Shape.-If a stone block, in length and breadth not less than 18 inches and in depth,
not less than 3 feet. If masonry cubic, each edge of the cube not less than three feet long.
Position.-The lowest side of the pillar to be accurately bedded upon a levelled
surface, and only half the pillar to be above ground.
B - BURJIS
(i) At every angle on the boundary line between two sihadas a Burji mound or
dari (mud pillar or stone slab) shall be set up.
(ii) At every corner of the survey squares or rectangles, a masonry or stone pillar,
shall be set up.
65. Land measurement or survey.-The land measurement or survey may be -
(a) on square system; or
(b) on rectangulation system; or
(c) on Kishtwari system (measurement in original shape of the Survey/Khasra
Number) in the hilly tracts or riverain areas or similar lands where the
measurement or survey is not practicable in accordance with the square or
rectangulation systems.
66. Size of area of Survey/Khasra Number.-Notwithstanding the provisions of sub
section (1) of section 133, Survey/Khasra numbers which have already been made of less
than one acre in area or which may be so made under the order of the Collector in this behalf,
and any Survey/Khasra number separately entered in the record-of-rights or the periodical
record, shall, irrespective of its area, be deemed to have been made under the Act.
67. Conditions for and restrictions upon sub-division of Survey/Khasra numbers.-
(1) Survey/Khasra numbers may be divided into so many sub-divisions –
(a) as may be required in connection with the acquisition of rights referred to in
sub-section (1) of section 42, or
(b) for any other reasons with the sanction of the Collector.
(2) The area and land revenue of such sub-divisions shall be entered in columns 11
and 13, respectively, of the Mutation Register (Form XXXV). The supplementary map
(Tatimma Shajra) of the respective Survey/Khasra number shall be drawn on the back of the
mutation sheet giving the particulars contained in Form XIV.
46
[PART IX-A-DEMARCATION OF LAND
AND EVICTION OF UNAUTHORIZED LANDOWNERS
67-A. Demarcation of land.-(1) An application under section 177 for defining the
limits of an estate, a holding, a field or any portion thereof, shall contain the following
particulars:-
(a) Designation of the Revenue Officer to whom it is addressed.
(b) Name, parentage and address of the applicant and if the applicant is minor, or
a person of unsound mind. the name, parentage and address of his guardian or
of a male member of his family.
(c) Name, parentage and address of the person or persons against whom the
application is made, and if he or any one of them is a minor or of unsound
mind, the name, parentage and address of his guardian or of a male member of
his family.
(d) Location and full description of the land to be demarcated.
(e) A brief statement of facts and reasons necessitating the making of application.
(f) Signatures or thumb-impression of the applicant.
(g) Any other matter which is necessary for the proper disposal of application.
(2) An application under sub-rule (1) shall bear the court-fee stamp of rupee one
and shall be accompanied by: -
(a) An attested copy of the latest entry in Register Haqdaran-Zamin or Jamabandi
relating to the land mentioned in the application; and
(b) an attested copy of the portion of the map of the estate showing field numbers
mentioned in the application.
(3) The application shall be presented to: -
(a) the Revenue Officer-in-charge of the Circle in case the land to be demarcated
is situated within a Tehsil; and
(b) the Revenue Officer-in-charge of a Sub-Division, in case the limits of the land
to be defined extend to an adjoining Sub-Division or District.
46 Added by Board of Revenue, Punjab’s notification No.2313-73/629-LR-I, dated 19
th
July, 1973, published in the Gazette
of Punjab, Part III, November 23, 1973.
(4) On the receipt of such application duly accompanied by the attested copies
mentioned in sub-rule (2), the Revenue Officer concerned shall: -
(a) cause the application to be registered in the relevant column of the Register to
be maintained in his office in Form XXXIII-A;
(b) fix time and date for demarcation of boundaries; and
(c) cause a notice in Form XXXIII-B to be issued in duplicate to-
(i) the parties to the application;
(ii) Lambardar of the village in which the land mentioned in the application is
situated;
(iii) Field Kanungo of the Circle;
(iv) Revenue Patwari of the village if the notice is not to be served through him;
and
(v) any other person whose presence at the time of demarcation of boundaries is
considered necessary or expedient by the Revenue Officer.
(5) The notice issued under clause (c) of the preceding sub-rule shall be served on
the persons mentioned therein, in the following modes, at least one week before the date
fixed for demarcation of land:-
(a) by delivering a copy thereof to the person mentioned therein and obtaining his
signature or thumb-impression on duplicate copy in token of his having
received the same:
(b) in case of refusal to receive the notice or absence of such person, by affixing a
copy thereof on the outer-door of his house or place of residence, in the
presence of at least one witness and also by beat of drum at the expense of the
applicant;
(c) if any person to be served is residing at a place, other than the village in which
the land is situated, notice shall be served on him, by means of registered post
"Acknowledgement Due", or by any other means as the Revenue Officer
deems fit. The expenses for such service shall be borne by the applicant.
(6) At the time and on the date fixed for demarcation of boundaries, the Revenue
Officer shall, in the presence of the parties and other persons mentioned in clause (c) of subrule
(4) as may be present in response to the notice served on them,cause the measurement of the land to
be taken under his personal supervision, strictly in accordance with the
instructions and standing orders on the subject issued by the Financial Commissioner and the
Board of Revenue from time to time.
(7) (a) Soon after taking necessary measurement, the Revenue Officer, on the basis
of data so collected, shall draw up a plan of the encroached area, if any, and shall prepare a
report "inter alia", containing the following details:-
(i) Time, date and place of demarcation of boundaries.
(ii) Full description of the land measured and demarcated.
(iii) Mode and details of the measurements taken.
(iv) Persons in whose presence such measurements were taken and other
demarcation proceedings took place and the objection, if any, raised by any
one or more of them during that time.
(v) Limits of the existing possession including the exact dimensions of the
encroached area, if any, and the names of the persons found in possession
thereof.
(b) The Revenue Officer, after preparing the report, shall read out the same to the
parties and record their statements as to whether they have understood the proceedings or any
party thereof and have any objection against any portion of his report.
(c) After recording such statements and his opinion thereon, the Revenue Officer, on
return to his Headquarter, shall place the report, together with the plan of encroached area
and statement of the parties, on the file and cause the particulars of the proceedings entered
in the relevant columns of Register maintained in office in Form XXXIII-A.
67-B. Eviction of unauthorized land-owners.-(1) An application under section 122
for the eviction of a land-owner found in wrongful possession of a land as a result of
demarcation proceedings taken under section 117 read with rule 67-A, shall contain the
following particulars:-
(a) Name, parentage and address of the applicant, and in case he is minor or a person of
unsound mind, parentage and address of his guardian or of a male member of his
family.
(b) Name, parentage and address of the person who has been found in wrongful
possession of the land (hereinafter referred to as the respondent) and if he happens to
be a minor or a person of unsound mind, the name , parentage and address of his
guardian or of any male member of his family.
(c) Location and description of the land, the possession of which is required.
(d) Brief statement of demarcation proceedings, its result and reasons for the
application.
(e) Any other fact which may be necessary for the fair disposal of the application.
(2)The application shall bear the court-fee stamp of rupee one and shall be
accompanied by: -
(a) a certified copy of the report, including copy of the plan of encroached area,
prepared by the Revenue Officer in the demarcation proceedings conducted by him
under rule 67-A; and
(b) as many copies of the application as the number.
(3) The application shall be addressed and submitted to the Collector-in-charge of
the Sub-Division in which the land in dispute is situated:
Provided that where the demarcation proceedings are conducted by the Revenue
Officer-in-charge of the Sub-Division, the application shall be addressed and submitted to the
Collector of the District.
(4) On the receipt of the application, the Collector shall fix a date for its hearing and
cause its notice in Form XXXIII-C, together with a copy of the application, to be served on
the respondent in the manner prescribed in sub-rule (5) of rule 67-A.
(5) On the date fixed for hearing, the respondent may put up his appearance either in
person or through an authorised agent and may file his reply to the application. The Collector,
on the same date of hearing or on any subsequent date to which the proceedings may be
adjourned, after hearing the parties and examining the record, including the file of
demarcation proceedings, may -
(a) direct fresh demarcation proceedings to be taken by the same or any other
Revenue Officer, if he is satisfied that the land-owner whose eviction from the
land has been sought, had no knowledge of the demarcation proceedings or there
was some material irregularity committed by the Revenue Officer in such
proceedings; or
(b) accept the application and order eviction of the respondents or any one or more of
them who have been found in wrongful possession of the land or any portion
thereof:
Provided that where the proceedings substantially involve a question of
title or an intricate question of law, the Collector shall not pass any order on the
merits of the application and shall refer the parties to the Civil Court.
(6) If the Collector orders fresh demarcation proceedings to be taken by the same or
any other Revenue Officer, such Revenue Officer shall follow the procedure laid down in
rule 67-A to the extent and from the stage it become applicable.
(7) On the acceptance of the application, the Collector shall afford the respondent an
opportunity of delivering possession of the disputed land to the applicant within a period not
exceeding one month and if he fails to do so, the Collector, on an application made by the
applicant, shall issue a warrant of eviction in Form XXXIII-D which shall be executed by an
official not below the rank of a Kanungo, with or without police assistance, according to the
circumstances of each case].
PART X-EXECUTION OF CERTAIN ORDERS OF CIVIL
AND CRIMINAL COURTS THROUGH REVENUE OFFICERS
68. Appraisement of value of produce before sale.-When the produce of any land
has been attached in pursuance of an order for its attachment and sale addressed to the
Collector by a Civil or Criminal Court, the Collector shall direct that an appraisement of the
attached produce be made by a Revenue Officer or by the Kanungo of Circle in which the
land is situated within a month of the date of receipt of such direction. The produce shall not
be sold until the appraisement has been approved by the Collector or by a Revenue Officer
appointed by him in this behalf:
Provided that if the appraisement is not made within the prescribed period, the sale of
the produce shall not be delayed merely on this account.
69. Agency to be used in conducting sale.- Sale of the produce of land shall be made
by a Revenue Officer or by the Field Kanungo of the Circle in which the land is situated. The
sale shall be conducted in the presence of the Headman, or a Member of the Union
Committee, Town Committee, or Union Council within the jurisdiction of which the land is
situated.
70. Date on which possession is to be given to decree-holder of Civil Court.-When
an order of a Civil Court is sent to the Collector for the execution of a decree for the
possession of lands the Collector shall give possession to the decree-holder on the date
specified in the decree or in the direction issued by the Civil Court executing the decree. If no
date is specified in the decree or by the Civil Court and the land of which possession is to be
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