Land Revenue Law
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Q1. Discuss the Definitions?
1. Land:
Land means land which is not occupied as the site of any building in a town or village and is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture and includes the site of buildings and other structures on such land.
2. Rent:
Means whatever is payable to a landlord in money, kind or service by a tenant on account of the use or occupation of land held by him.
3. Arrears of rent:
Arrears of rent means rent which remains unpaid after the date on which it becomes payable.
4. Tenant:
Means a person who holds land under another person and is, or but for a special contract would be, liable to pay rent for the land to that other person but it does not include.
(a) an inferior land owner or
(b) a mortgagee of the rights of land owner.
(c) a person to whom a holding has been let in farm under the Punjab land revenue act 1887, for the recovery of an arrears of land revenue or of a sum recoverable as such an arrear or,
5. estate:
Means an area.
(a) For which a separate record of rights has been made, or.
(b) Which has been separely assessed to land revenue, or would have been so assessed of the land revenue had not been released, compounded for, or redeemed or
(c) Which the provincial may, by general rule or special order, declare to be an estate of the Punjab land revenue act 1887.
6. Tenancy:
Tenancy means a parcel of land held by a tenant of a landlord under one lease or one set of conditions.
7. Landlord:
Landlord means a person under whom a tenant holds land and to whom the tenant is, or but for a special contract would be, liable to pay rent for the land. where a tenant holds land under more persons than one or some of them are not the landlords but, all of them. Collectively except where it is expressly provided so. landlord also includes the predecessors and successors in interest of a landlord.
(d) a person who takes from Govt, a lease of un-occupied land for the purpose of subletting it. tenant includes the predecessors and successors in interest of a tenant.
8. Land revenue:
Means land revenue assessed under any law for time being inforce or assessable under the land revenue act 1887 and includes.
(a) Any rate imposed in respect of the increased value of land due to irrigation and.
(b) Any sum payable in respect of land by way of quit rent or of commutation of services to the Govt. or to a person to whom the Govt has assigned the right to receive the payment.
9. Rate and cesses:
Means rates and cesses which are primarily payable by land owners and includes.
(1) The local rate, if any payable under the Punjab District Boards act 1883 and any fee leviable under Sec. 33 of the act from landowner for the use or benefits derived from such works as are referred to Sec. 20 clauses (i) and (j) of this act.
(2) Any annual rate chargeable on owners of land under Sec. 59 of Northern India canal and drainage act 1873.
(3) Sums payable on account of village expenses.
10. Village cess:
Means any contrbiution or due which is customarily leviable landowners and non-landowners alike within an estate for the common purposes of the inhabitants, therefore and is neither a payment for the sue of any private property or for personal service nor imposed by or under any enactment for the time being in force and dose not mean any cess contribution or due leviable not mean any cass individual resident a class of residents in the estate, or in relation to any property which is not meant for the common use of all the residents.
11. Revenue officer:
Revenue offices or revenue court in any provision of this act means a revenue office or revenue court having authority under this act to discharge the function of a revenue officer of revenue court as the case may be under that provisions.
12. Legal practioner:
Means any legal practioner within the meaning of legal practioner act 1879 except a muktiar.
13. Agricultral year:
Means the year commencing on the 16th day of June or on such other date as the provincial government may by notification appoint for any local area.
14. Notification:
Means notification published by authority provincial govt. in the official gazette.
15. Improvement:
Means with reference to a tenancy any work which is suitable to the tenancy and consistent with the conditions on which it is held by which the value of the tenancy has been continues to be increased and which if not executed on the tenancy is neither executed directly for it benefit or is after execution made directly beneficial to it.Explanation:
Explanation:
It includes among other things:
(a) The construction of wells and other work for the storage or supply of water for agricultural purposes.
(b) The construction of works for drainage and for protection against floods.
(c) The planting of trees the reclaiming enclosing levelling and terracing of land for agriculatral purpose and other works of a like nature.
(d) The erection of building required for the more convenient or profitable cultivation of a tenancy and the renewal or re-construction of any of the forgoing works or such alteration therein or addition thereto as are not of the nature of more repairs and as durable increase their value. but does not include such clearances embankment levellings enclosures temporary well and water channels as are made by tenants in the ordinary course of cultivation and without any special expenditure or any other benefit according to land form the ordinary operation of husbandry.
Explanation II.
A work which benefits several tenancies may be deemed to be with respect to each of them an improvement.
Explanation III.
A work executed by a tenant is not an improvement if it is substantially diminishes the value of any other part of his landlord, s property.
Revenue Officers
Q2. Discuss the various classes of revenue officers and their duties. (1999)(2002)(2005)
1. Introduction:
Under land revenue act 1967 there are various classes of revenue officers. the act describes appointment power duties and functions of revenue officers. administrative control in revenue matters all over a province is exercised by the board of revenue. even revenue officer is subject to control and supervision of the officer to whom he is subordinate.
2. Definition of revenue officer.
According to sec. 4 (23) of the revenue act:
"Revenue officers means a revenue officer having authority under this act discharge the functions of a revenue officer."
3. Classes of revenue officers"
Following are various classes of revenue under land revenue act 1967.
(i) Board of revenue
(ii) Executive district officer
(iii) Collector
(iv) Assistant collector of 1st grade
(v) Assistant collector of second grade
I. Board of revenue:
The board of revenue is the highest authority revenue matters.
(i) Definition:
"Board of revenue means the board of revenue established under the west Pakistan board of revenue act 1957."
(ii) Duties:
(i) The board of revenue exercise general superintendence and control over all revenue officers.
(ii) The board of revenue appoints revenue officers.
(iii) The board of revenue transfers revenue officers.
(iv) The board of revenue is the highest court of appeal and revision.
(v) The board of revenue distribute business and withdrawal and transfer cases.
II. Executive district officer:
The province is divided into division. the E.D.O is an incharge of a division and all officers are subject to its control.
(i) Appointment"
The E.D.O shall be appointed under the land revenue act for each division.
(ii) Duties"
(i) The E.D.O can distribute any business to any officers under its control.
(ii) The E.D.O can transfer any case pending before any subordinate officer to any other officer subordinate to him.
(iii) The executive district officer may withdraw any case pending before any subordinate and shall either to dispose of it himself or to transfer to any other offices subordinate to him to be disposed of.
(iv) The executive district officer may refer any case which he is empowered to dispose of under this act any other revenue subordinate of investigation and report and may decide the case upon such report after giving the parties concerned an opportunity of being heard.
(v) Executive district officer can summon any person whose attendance he considers necessary for the purpose of any business before him as revenue officers.
III. Collector:
The executive district officer is a revenue head of a division. while collector is the head of a district. he is district officer revenue in a district. the collector is the most reasonable position holder of a district and perform multi-task duties.
(i) Appointment:
The collector shall be appointed under land revenue act 1967 in a district.
(ii) Duties:
(i) The collector may transfer any case pending before any subordinate officer to any other officer to his choice.
(ii) The collector may withdraw any case pending before his assistant controllers or any other subordinate officer shall either to dispose of it himself or transfer the case to any other assistant collector or any other subordinate officer disposal.
(iii) The collector may refer any case which he is empowered to dispose of himself under this act to any other revenue officer subordinate to him for investigation an report and may decide the case on such report after giving the parties concerned an opportunity being heard.
(iv) The collector may summon any person whose attendance he considers necessary for the purpose of any business before him as revenue officer.
IV. Assistant collector of its grade:
The assistant collector 1st grade is appointed as revenue officer as head of a sub- division.
(i) Duties:
Assistant collector 1st grade performs his duties as per directions of provincial govt.
V. Assistant collector of second grade:
Tehsildar and Naib- Tehsildar are normally assistant collectors of the second grade.
(i) Duties:
Assistant collector second grade perform his duties as per directions of provincial government.
4. All appointments to be made by notification:
The appointment of all revenue officers shall be made by notification.
5. Combination of offices:
It shall be lawful for govt, to appoint one and the same persons being otherwise competent according to law, to any two or more of the revenue officers.
6. Scope:
Revenue officers has power to take the cognizance of the following offences.
(i) Intentionally giving or fabricating false evidence at any stage of judicial proceeding.
(ii) Making of malicious or corrupt reports or pronouncement at any stage of a judicial proceeding by a public servant.
(iii) Intentional insult or interruption to public servant setting in judicial proceedings.
7. Conclusion:
To conclude I can say that all functions of whatever class of revenue officer are determined under the Land revenue act 1967. the board revenue is the chief authority for revenue matters in the province. it is competent to determine the rules of appointment and duties of various officers.
Powers Of Board Of Revenue
Q3. What are classes of revenue officers. describe briefly the powers of board of revenue. (2005)
1. Introduction:
Under land revenue act 1967 there are various classes of revenue officers. the act describes appointment power duties and functions of revenue officers. administrative control in revenue matters all over a province is exercised by the board of revenue. even revenue officer is subject to control and supervision of the officer to whom he is subordinate.
2. Definition of revenue officer.
According to sec. 4 (23) of the revenue act:
"Revenue officers means a revenue officer having authority under this act discharge the functions of a revenue officer."
3. Classes of revenue officers"
Following are various classes of revenue under land revenue act 1967.
(i) Board of revenue
(ii) Executive district officer
(iii) Collector
(iv) Assistant collector of 1st grade
(v) Assistant collector of second grade
I. Board of revenue:
The board of revenue is the highest authority revenue matters.
(i) Definition:
"Board of revenue means the board of revenue established under the west Pakistan board of revenue act 1957."
(ii) Duties:
(i) The board of revenue exercise general superintendence and control over all revenue officers.
(ii) The board of revenue appoints revenue officers.
(iii) The board of revenue transfers revenue officers.
(iv) The board of revenue is the highest court of appeal and revision.
(v) The board of revenue distribute business and withdrawal and transfer cases.
II. Executive district officer:
The province is divided into division. the E.D.O is an incharge of a division and all officers are subject to its control.
(i) Appointment"
The E.D.O shall be appointed under the land revenue act for each division.
(ii) Duties"
(i) The E.D.O can distribute any business to any officers under its control.
(ii) The E.D.O can transfer any case pending before any subordinate officer to any other officer subordinate to him.
(iii) The executive district officer may withdraw any case pending before any subordinate and shall either to dispose of it himself or to transfer to any other offices subordinate to him to be disposed of.
(iv) The executive district officer may refer any case which he is empowered to dispose of under this act any other revenue subordinate of investigation and report and may decide the case upon such report after giving the parties concerned an opportunity of being heard.
(v) Executive district officer can summon any person whose attendance he considers necessary for the purpose of any business before him as revenue officers.
III. Collector:
The executive district officer is a revenue head of a division. while collector is the head of a district. he is district officer revenue in a district. the collector is the most reasonable position holder of a district and perform multi-task duties.
(i) Appointment:
The collector shall be appointed under land revenue act 1967 in a district.
(ii) Duties:
(i) The collector may transfer any case pending before any subordinate officer to any other officer to his choice.
(ii) The collector may withdraw any case pending before his assistant controllers or any other subordinate officer shall either to dispose of it himself or transfer the case to any other assistant collector or any other subordinate officer disposal.
(iii) The collector may refer any case which he is empowered to dispose of himself under this act to any other revenue officer subordinate to him for investigation an report and may decide the case on such report after giving the parties concerned an opportunity being heard.
(iv) The collector may summon any person whose attendance he considers necessary for the purpose of any business before him as revenue officer.
IV. Assistant collector of its grade:
The assistant collector 1st grade is appointed as revenue officer as head of a sub- division.
(i) Duties:
Assistant collector 1st grade performs his duties as per directions of provincial govt.
V. Assistant collector of second grade:
Tehsildar and Naib- Tehsildar are normally assistant collectors of the second grade.
(i) Duties:
Assistant collector second grade perform his duties as per directions of provincial government.
4. All appointments to be made by notification:
The appointment of all revenue officers shall be made by notification.
5. Combination of offices:
Board of revenue is the chief controlling authority in all the matters regarding the administration of land, collection of the revenue records and other matters.
According to Sec. 4(2) W. P. Board of revenue act 1957.
"The board shall be subject to the control of the government, and all matters, other than those in which the board exercise appellate and revisional jurisdiction the government shall have power to issue such directions to the board as may be considered necessary or expedient and the board shall carryout those directions."
6. Jurisdiction of the board of revenue:
The board of revenue shall have jurisdiction in all over the province.
7. Powers of the board of revenue:
The powers of the board of revenue are as under.
I. Hearing of appeal:
The board of revenue is the highest court of appeal in a province. it hears appeal against executive district officer and other revenue officers.
II. Revisions matter:
The board aggrieved by an order made or decree passes by the board. it thinks fit that new circumstance have emerges as under.
(i) Discovery of new but on important matter.
(ii) Discovery of new evidence.
(iii) On account of some mistake or error apparent on the fact of the record.
(iv) Any other reasonable ground.
III. Administrative controller:
The board of revenue shall be chief administrative controller in the administrative matters regarding land.
IV. Power to determine duties of its officers:
The board of revenue is empowered to determine duties and powers of its officers.
V. Power to make rules:
The board of revenue can make rules as to procedure for its own officers of courts.
(i) Procedure to be followed in proceedings before revenue officers or courts.
(ii) Prescribe forms and procedure to be followed by the revenue officer or revenue court to inform board revenue.
(iii) Rules to prescribe authorities or the officers by whom any particular case or classes of cases generally or by specially be dealt with.
(iv) To determine rules about pecuniary and territorial jurisdiction of the revenue court.
(v) To specify class in which revision shall apply.
VI. Power to distribute business:
With the approval of the government, the board of revenue distribute its business among its member.
VIII. Conferment of powers:
The board of revenue can confer power to its officers.
IX. Executive and judicial powers:
The board of revenue has executive and judicial powers.
X. Power to withdraw cases:
The board of revenue has power to withdraw any case from the relevant revenue officer and either to dispose of it itself or to transfer it to any other. revenue officer.
8. Conclusion:
To conclude I can say that the board of revenue is an important controlling authority in the province. it is the highest court of appeal and revision. all the appointments are made by this board. it can withdraw, remove distribute powers to the revenue officers in the province.
Duties Of Lambardar
Q4. Write a deatailed note on duties of Lambardar. (2002)
1. Introduction:
The headman of a village is called Lambardar. he is appointed by the executive distrive district officer in a village. Lambardar has to collect and supervise the collection of revenue of an estate. he is the representative of the people of an estate and a link between the government and public. sufficient number of Lambardars are appointed by the government to every estate for the collection of the land revenue and other administrative functions.
2. Definition:
According to Sec. 4(28)
"A village officer means any person appointed under this act whose duty is to collect, or to supervise the collection of the revenue of an estate and includes Kaungos, Patwaris, Zabits, Kotars or Tapedar's peons, Arbabs, Rais and Headman".
3. Classification of village offices:
The village officers may be categorized as under.
(i) Headman or Lambardar.
(ii) Kanugoes
(iii) Patwris.
(iv) Zabits.
(v) Kotars.
(vi) Tapeder's peon.
(vii) Arbabs
(viii) Rais.
4. Duties of Lambardar:
The duties of Lambardar:
I. Collection of revenue:
The primary duty of lambardar is collection of land revenue according to the rates of revenue imposed upon the land by board of revenue. all the sums recoverable other than land revenue are also collected by the lambardar.
II. Collection of rents and profit:
The lambardar has to collect rents from tenants.
III. Rendition of accounts:
The lambardar has to render account to the persons entitled there to.
IV. Receipt of payment:
It is the duty of lambardar to acknowledge every payment by issuing a receipt thereof.
V. Defrayment of joint expenses of the estate:
It is the duty of lambardar to defray joint expenses of the estate and maintain its accounts.
VI. Obedience of orders of superior revenue officers:
It is the duty of lambardar to obey all the orders of the collector of district.
VII. Assistance to revenue officers:
It is the duty of lambardar to assist the revenue officers in concerned areas.
VIII. Information about commission of crimes:
Lambardar has to inform about the commission of crime to the government.
IX. Establishment of cordiality among co- villagers:
Lmbardar has to make all reasonable efforts to establish cordiality among the co- villagers of an estate.
X. Report regarding encroachment:
Lambarder has to report all encroachment made by the people on roads and streets to the tehsildar.
XI. Report regarding losses and damages:
Lambarder has to report to the government about any damage to the property of the government.
XII. Report regarding death:
Lambarder has to make report to concerned officer about the death of any land holder in an estate.
XIII. Report regarding diseases:
Lambearder has to make report to patwari in respect of out break of the diseases among animal.
XIV. Report of anti-social activities:
He is duty bound to report the government about anti-social activities happening in his estate.
XV. Assistance to govt. officers:
It is the duty of lambrader to render all possible help to the officers of the government who may happen to be in his revenue estate for executing govt.public work.
XVI. Assistance to postman:
It is the duty of village officer to help postman of the village in case of need.
XVII. Care of govt.properties:
The village officer should take care the govt properties.
XVIII. Any other duty:
He has to perform any duties assigned to him by the government temporarily or permanently.
5. Conclusion:
To conclude i can say that lambardar is a village officer in can estate. he has to perform important duties assigned by him by the government. his primary duty is to collect land revenue.
Appointment Of Lambardar
Q5. What are the main considerations which have to be kept in view in making first appointments of village headman? (1998)
1. Introduction:
The headman of a village is called Lambardar. he is appointed by the executive district officer in a village. Lambardar has to collect and supervise the collection of revenue of an estate. he is the representative of the people of an estate and a link between the government and public. sufficient number of Lambardars are appointed by the government to every estate for the collection of the land revenue and other administrative functions.
2. Definition:
According to Sec. 18 land revenue act.
"A village officer means any person appointed under this act whose duty is to collect, or to supervise the collection of the revenue of an estate and includes Kaungos, Patwaris, Zabits, Kotars or Tapedar's peons, Arbabs, Rais and Headman".
3. Classification of village offices:
The village officers may be categorized as under.
(i) Headman or Lambardar.
(ii) Kanugoes
(iii) Patwris.
(iv) Zabits.
(v) Kotars.
(vi) Tapeder's peon.
(vii) Arbabs
(viii) Rais.
4. Appointment of Lambardar:
The right to be appointed as lambardar is not vested right. any person can be selected for the appointment as lambardar in an estate by the revenue authorities.
Case law 2005 MLD 242
It was held that no one has a right to claim appointments on basis of any preference. main criteria is the fitness of the person qua his ability to perform responsibilities of said office.
5. Matters to be considered in first appointment of lambardar:
I. Hereditary claim:
In the first appointment of lambardar the Hereditary claim is considered by the relevant authorities. once hereditary claim is not raised it can not be pleaded again. so a candidate for the appointment of lambardar having hereditary claim always be perferred.
II. Property in estate:
Extent of property in the estate, if there are not subdivisions of the estate the extent of the property in subdivision for which appointment is to be made possessed by the candidate.
III. Services of candidate of his family for country and nation:
Services of candidate or his family for country and nation is also kept in view by appointing authority while making the appointment of lambardar.
IV. Personal influence:
A candidate having personal influence in the estate is also preferred by the appointing authority while making appointment of lambardar.
PLD 1953 Punjab R. Page 11.
Where there are specific allegations and recorded suspicious, police report based on personal consideration should not be taken into account.
V. Freedom from debtness:
Lambardar should be free from debtness and this matter is kept in view while his appointment.
VI. Strength and importance of community:
The strength and importance of community from which selection of a headman is to be made.
VII. Education:
A candidate who is well educated is perferred for the appointment of lambardar.
VIII. Physical fitness:
Physical fitness of the candidate for the appointment of the lambardar is also considered by appointing authorities.
IX. Civil defence training:
Ability to undergo training in civil defence in the case of headman in Tehsils along the boarders.
6. Appointment of minor lambardar:
A minor is not incompetent to be appointed as lambardar under land revenue act. a minor can be appointed lambardar if he otherwise qualifies.
7. Appointment of female as lambardar:
A female can be appointed lambardar if she is sole owner of the estate or gives he preference for special reason.
8. Position of Govt, servant:
A Govt, servant cannot be appointed as lambardar in an estate.
9. Conclusion:
To conclude I can say that lambardar is a village officer to perform different function regarding revenue matters. the appointing authority take into consideration different matters while selecting lambardar. the appointment is discretionary power and cannot be claimed as vested right.
Dismissal Of Lambardar
Q6. What do you understand by lambardari system? under what circumstances a lambardar can be dismissed. (2002)
Q. Under what grounds lambardar can be dismissed. (2000)
Q. Under what circumstances a lambardar of a village can dismissed? please quote the relevant rule. (2001)
1. Introduction:
The headman of a village is called Lambardar. he is appointed by the executive district officer in a village. Lambardar has to collect and supervise the collection of revenue of an estate. he is the representative of the people of an estate and a link between the government and public. sufficient number of Lambardars are appointed by the government to every estate for the collection of the land revenue and other administrative functions.
2. Definition:
According to Sec. 18 land revenue act.
"A village officer means any person appointed under this act whose duty is to collect, or to supervise the collection of the revenue of an estate and includes Kaungos, Patwaris, Zabits, Kotars or Tapedar's peons, Arbabs, Rais and Headman".
3. Circumstances when lambardar is dismissed:
Following are two circumstances when lambardar is dismissed.
(i) When lambardar must be dismissed.
(ii) When lambardar may be dismissed.
I. When lambardar must be dismissed:
A lambardar must be dismissed on the following grounds.
(i) Conviction:
If lambardar has been sentenced to imprisonment for a term not less than six months in an offence involving moral turpitude.
(ii) Ceases to be land owner:
In any other estate he ceases to be a land owner in the estate in which he holds office.
(iii) Mortgage of holding:
Exception:
If he has mortgaged his holding and has delivered his possession to the mortgagee but under special circumstances collector with the permission of executive district officer retain him in his office under such circumstances. if he can furnish sufficient security for the payment of revenue.
(iv) Transfer of holding:
If holding has been transferred under section 71 of the land revenue act or the assessment thereof has been annulled under section 73 of the land revenue act.
II. When lambardar may be dismissed:
(i) Initiation of criminal proceeding:
If some criminal proceedings have been started against him and it appears from the said proceeding that he is unfit to be entrusted any longer with the duties of his office.
(ii) Indebtedness:
If he falls under debt or his holding is too small in estate that it makes really improper to retain him as lambardar.
(iii) Age:
If owing to age he is the position to perform his duties.
(iv) Mental illness:
If owing to mental illness he cannot discharged his function he may be dismissed.
(v) Physical incapacity:
If owing to physical incapacity he may be dismisses by the concerned authorities.
(vi) Absence
If lambardar disappear or remain absent for a long period form the estate he may be dismissed form his office.
(vii) Negligence:
If lambarder neglects his duties he may be dismissed.
(viii) Smuggling:
If there is reason to believe that he has taken part in or concealed illicit distillation or the smuggling of cocaine opiums or charas.
(ix) Taking part in unconstitutional:
If lambarder takes part in any unconstitutional agitation against the govt. he may be dismissed.
(x) Failure to help the govt:
If lambarder fails to give his active support to the government in the maintenance of law and order.
(xi) Attachment of holding:
If the holding of the lambarder in the estate where he in appointed attach his holding for:
(i) Recovery of land revenue.
(ii) By the order of the court may be dismissed.
4. Conclusion:
To conclude i can say that if lambarder becomes incapable to perform his duties on any ground maintained in the land revenue act may be dismissid by the concerned authority. an opportunity to defend must be given by the concerned authorities before his dismissal.
Rule Of Primogeniture
Q7. Write a comprehensive note the rule of primogeniture. (1997)(2001)
1. Introduction:
Primogeniture is a rule of inheritance. it is one of the considerations for appointment of lambardar. according to this rule the eldest son in the same degree succeeds to the exclusion of others. it is the exclusive right of the eldest son or nearest male relative to heir. the rule of primogeniture is the chief basis of the appointment of lambardar. the rule of primogeniture should not be lightly ignored unless there were strong reason justifying over of candidate.
2. Relevant provisions:
Sec. 19 of land revenue act.
3. Meaning of primogeniture:
According to Oxford dictionary:
The fact or condition of being first born child.
4. Definition of rule of primogeniture:
it is the rule of inheritance in which eldest son born of same father and mother and his son and so on until the line is extinct. the elders son of predeceased son and not the next living son of the deceased lambardar is nearest eligible heir.
5. Nature:
It is not a prescriptive right. it is merely one of the considerations for the appointment of lambardar. it cannot be transferred in favour of a stranger. the rules of primogeniture outside the prescribed degrees does not create a prima facie claim which has to be reputed.
6. Non- applications of shariat law:
The Shariat law is not applicable to the rule of primogenitrue.
7. Relinquishment of hereditary claim:
The hereditary claim can be relinquish.
(i) Effect of relinquishment:
Such relinquishment effects transfer to the next heir. once it is relinquished the person who relinquishes, he loss his right and cannot reclaim.
Case law 1999 CLC 1538.
Rule of primogeniture where elder son of deceased lambardar is most eligible person for being appoints as lambardar is fully applicable and elder son has preferential right over others to be appointed as lambardar.
8. Application of rule of primogeniture:
The rule of primogeniture is applicable to the appointed of lambardar. the collector should not ignore the rule of primogeniture while making the appointment of lambardar.
9. In case of minor:
If the son of deceased is minor, the rule of primogeniture cannot be ignored in the appointment of lambardar.
10. In case of grandson:
A grandson has no claim in the presence of his father.
(i) Exception:
If his father has relinquished his right, he can claim.
11. Widow:
A widow of deceased headman is not vested with any hereditary claim, in such case the rule of primogeniture has no application.
12. In case of refugee:
In case of refugee, the law of primogeniture is not applicable.
13. In case of adopted son:
An adopted son cannot succeed to or a through his adoptive father under any rule of primogeniture.
14. In case when there is no heir:
If there is no heir, the collector can appoint any other suitable person candidate for lambadari.
15. Case where hereditary claim may be ignored:
Following are cases where hereditary claim of the candidate may be ignored.
(i) Conviction:
If the candidate is convicted in a offence.
(ii) Criminal activities:
If he involves criminal activities.
(iii) Verification of false statement:
If he verifies statement.
(iv) Absence:
If he remain absent from the estate.
(v) Insufficient holding:
If he does not have sufficient holding in the estate.
16. Conclusion:
To conclude I can say that primogeniture means that eldest son born of same father and mother succeeds to exclusion of others. the law on the particular point of succession of a village headman provides that in the case appointment of a successor of a deceased or dismissed headman the rule of primogeniture is to be strictly observed.
Procedure Of Mutation
Q8. What is the procedure of mutation of land. (2000)
Q. What procedure is adopted by the revenus officer for attesting a mutation. (2002)
Q. What is mutation how it is attested. (2004)
Q. How and on what occasion, or occasions, a mutation is affected. does mutation confer right of ownership? if not what is its purpose. (1998)
1. Introduction:
Mutation is change or alteration of any entry in the revenue records. the Patwari keeps up a register of mtation. in which he records all the acquisition of rights reported to him. the mutation register consists of a counterfoil and foil. the entries in the muntation have evidentiary value. the patwari enters name of new person in register of mutation in place of the old person.
2. Relevant provisions:
Sec. 42 land revenue act 1967.
3. Meaning of mutation:
Concise Oxford dictionary:
The process or an instance of change or alteration.
4. Object of mutation:
The main object of mutation is to keep the revenue records up to date so that Govt, may be knowing about he owners of the land.
5. Significance of mutation:
(i) Up to date record is kept and maintained.
(ii) Right of owners are protected and safeguarded.
(iii) Better administration is done by the revenue authorities.
(iv) For the recovery of arrears of the land revenue.
(v) Presumptive piece of evidence.
6. When mutation is entered by the Patwari:
Mutation is entered by the patwari on the following circumstance.
Any person who acquires.
I. In an estate by
(i) Inheritance.
(ii) Mortgage.
(iii) Purchase.
(iv) Gift.
II. Any right in the estate as a land owner or as a tenant for a fixed term exceeding one year.
7. Procedure of mutation:
The procedure of entering mutation is an under.
(i) Report to Patwari:
A person acquiring a right by inheritance, purchase, mortgage, gift or otherwise is bound to report the patwari about the acquisition.
(ii) Duty of Patwari:
Patwari shall record such report in his daily diary and furnishes a copy of this record to.
(i) The person making the report and.
(ii) Union committee of the concerned area.
(a) Time period:
Patwari shall send the above copies within a week.
(iii) Failure of patwari to enter mutation:
If patwari fails to enter mutation. the person who has been refused can make report to the following.
(i) Revenue officer concerned.
(ii) Nazim of the union council or town committee of his area.
(a) Condition:
(i) Report must be in writing.
(ii) It must be sent by registered post acknowledgement due.
8. Procedure of attestation by the revenue officer:
The revenue officer is liable to check the correctness of all the entries entered the record of rights. the revenue officer shall attest the mutation in the presence of the person whose right has been acquired.
(i) Exceptions:
(a) In case of inheritance.
(b) Acquisition by the registered deed.
(c) In case of decree by the civil court.
(ii) Identification:
Such person shall be identified by two respectable person preferably from lambardar or members of the union committee, union council or town committee.
(a) Condition:
Signatures or thumb impression shall be obtained by the revenue officer on the register of mutation.
(iii) Place of inquiry:
The inquiry into mutation or order proceedings as for as possible should be conducted in the village where the land with reference to with the mutation is to be effected is situated.
(iv) Order of the revenue officer:
The order shall be made by the revenue officer, regarding acquisition of any right, and entry shall be made in the periodical record.
(a) Time period:
The revenue officer shall make order with in three months from the date of entry in the mutation register.
(b) Gist of the order to be send:
The gist of the order by the revenue office shall be send to the person whose right has been acquired and also to the union committee, union council, or town committee in which the estate is situated.
(c) If the order is not made in time:
If the order by the revenue office is not made within 3 months he shall explain the cause of delay to the collector in the prescribed manner.
(d) Nature of inquiry:
PLD 1950 Rev. 1189:
The inquiry by the revenue officer is of summary nature therefore all complicated matters should be left to be decided by a competent court.
9. Does mutation confer right of ownership:
The provision of Sec. 42 of the land revenue are mandatory in nature and violation thereof shall be considered as unlawful. mutation is not a deed of title. the primary purpose of entering mutation is the collection of revenue by the Govt. the mutation proceeding do not determine the rights of the parties. it only shifts the onus of proof and not settle the question of title.
Case law 1990 MLD 89:
Mutation in revenue record does not lay the foundation of a title in as neither judicial proceeding nor designed to create title. the mutation can be used as an item of evidence in support of a transaction under the mutation proceeding.
10. Mutation after the death of party:
Mutation can be sustained even after the death of the party if transactions was completed before the death of a party.
Case law
2004 YLR (1201)
It was held that the revenue officer has no jurisdiction to determine the title of the parties while sanctioning the mutation.
11. Conclusion:
To conclude I can say that mutation is the change of name in the land revenue record. it does not create rights of title in respect of property and no one can get vested right on the basis of entering mutation. the revenue authorities sanction mutation in order to keep their record up to date.
Record Of Rights
Q9. What is record of rights? discuss the documents which are included in it. (1998)
Q. Define record of rights and what are documents included there in. (2001)(2004)
1. Introduction:
The record of right is maintained in every estate. it provide various information about a particular land. the assessment of land revenue payable, disputes regarding land are determined in the light of record of rights. land revenue presumption of truth attached to the entries in the record of rights.
2. Relevant provisions:
Sections 39, 40 land revenue act 1967.
3. Power of board of revenue:
Where is appears to the board of revenue that record of rights for an estate does not exist, or 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 the record of rights be revised as the case may be.
(i) Effect:
A record of rights made or specially revised for an estate shall be deemed to be the record of rights for that estate, but shall not affect any presumption in favour, of the Govt, which has arisen already from any previous record of rights.
4. Object of record of rights:
The primary object of record of rights is the collection of land revenue from the person who are liable to pay such amount under the land revenue act.
5. Documents included in record of rights:
(i) Register of the names of land owner and tenant:
The record of rights consist of a register containing information as who are the tenants and who are landowner in a estate. it also specified particulars of the rents as profit.
(ii) Jama Bandi:
Jamabandi or register of Haqdarazaminb is an up to date edition of record of right, it is an authentic record of the owners of land within an estate.
(iii) Register regarding liabilities of land owner and tenant and other revenue matters:
A register containing there in information with regard to the liabilities of the land owners and tenant respectively. it also contain information in regard to the quantum of the land revenue rate cesses, and other payments due from the land owners.
(iv) Map of the estate:
Map of the estate is also included in record of rights. it describes the location and measurement of the field.
(v) Statement of customs:
A statement is prepared in which the customs regarding rights and liabilities of the landowner and tenant are mentioned.
(vi) Statement of rights in wells:
In the areas where irrigation is done through wells a statement is prepared in which it is specified the respective rights and obligation of the landowners who can irrigate their land from wells.
(vii) Statement of rights in irrigation:
A statement is prepared in which it is specified that respective rights of the landowners from other source of irrigation.
(viii) Wajib- ul- Arz:
Wajib- ul- Arz is a statement in which customs and administrative position of a village is described.
(ix) Shajira nasab:
It is a statement in which genealogical history of persons belonging to the land is described in detail.
6. Conclusion:
To conclude I can say that record of right is collection of various revenue papers regarding an estate. it is maintained in every village and contains information about revenue matters rent payable, cessess, names of landowner and tenant, their obligation and right etc.
Periodical Record
Q10. What is periodic record how it is prepared. (2001)(2003)
1. Introduction:
Periodical record of rights is revised edition of the record of rights. it is prepared by patwari after every four years under the order of the collector. it provides up to date information and contains all the changes which have taken place in a estate.
2. Relevant provisions:
Sections 41, 42, 43 land revenue act 1967.
3. Periodical records:
(i) The collector shall casue to be prepared by the patwari of each estate periodically, as the board of revenue may direct, an edition of any records of rights amended in accordance with the provision of this chapter.
(ii) Such edition of the records of rights shall be called periodical record for estate, and shall comprise the statement mentioned in clause (a) of sub- section (2) of section, 39, and such other document, if any, as may be presribed.
(iii) For the preparation of periodicals the collector shall cause to be maintained by the patwari of each estate a right of mutations in prescribed form and other prescribed registers, if any.
4. Documents included in periodical record of rights:
(i) Jamabandi register haqdaran.
(ii) Title page of register haqdaran zamin.
(iii) Genealogical tree.
(iv) Index number
(v) Note of changes in kind of soil.
(vi) Register of haqdaran nakhilstan.
(vii) Statement of distribution of water.
(viii) Statement of rights in water mills.
(ix) Supplementary map.
(x) Fard badar.
(xi)Note of attestation by Kanango.
(xii) Note of attestation by the revenue officer.
(xiii) Final attestation certificate of register haqdaran zaimn.
(xiv) List of revenue assignments and Pensions.
5. Preparation of periodic record:
Periodic is prepared in two parts.
(i) Preparation of part relating to land owner.
(ii) Preparation of part relating to other persons.
I. Preparation of part relating to land owner.
(i) Report to patwari:
Any person being land owner or tenant for a fixed term exceeding one year acquire an estate by.
(i) Inheritance.
(ii) Purchase.
(iii) Gift or.
(iv) Otherwise he shall report to patwari of the estate where he acquired such right.
(ii) Recording report:
Patwari shall record such report in the roznamcha to be maintained in prescribed manner.
(iii) Furnishing a copy of report:
Patwari shall furnish a copy of report free of cost to the person making the report and also send a copy of the report, within a week of its receipt by him to the union committee. town committee, or union council within which the estate is situated.
(iv) Entry in register of mutations:
The patwri shall enter in his register such report which was made to him.
(v) Display of report:
The report has been entered by patwari shall be displayed in such manner as may be prescribed.
(vi) Failure of patwari to record the report:
If the patwari fails to record the report the person concerned may make the report in writing to the revenue officer concerned and Nazim of union council union committee, or town committee in which the estate is situated by registered post acknowledgement due.
(vii) Inquiry by revenue officer:
The revenue officer shall time to time inquire into the correctness of all entries in the register of mutation and the reports which should have been recorded by the patwari.
(a) In case of mutation of inheritance:
In case of acquisition of right by inheritance the revenue office shall inquire who are the legal heirs of the deceased.
(viii) Identification on register of mutation:
Such person whose right has been acquired shall be identified by two respectable person preferably from lambardar or member of the union committee, union council of town committee.
(ix) Order of the revenue officer:
The order shall be made by the revenue officer regarding acquisition of any right, and entry shall be made in the periodical record.
(a) Time period:
The revenue officer shall make order within three months. from the date of entry in the mutation register.
(b) Gist of the order to be send:
The gist of the order by the revenue office shall be send to the person whose right has been acquired and also to the union committee, union council, or town committee in which the estate is situated.
(c) If the order is not made in time:
If the order by the revenue office is not made within 3 months he shall explain the cause of delay to the collector in the prescribed manner.
(d) Nature of inquiry:
PLD 1950 Rev. 1189
The inquiry bey the revenue officer is of summary nature therefore all complicated matters should be left to be decided by a competent court.
II. Preparation of part relating to other persons:
If it is undisputed, it shall be record in the prescribed manner. if it is disputed it will be entered by the patwari in the register of mutation. the revenue officer after hearing the parties concerned passes the necessary order and it is incorporated in the register haqdaran zamin when it is prepared.
6. Remedy open to aggrieved person:
If a person aggrieved or injured by an entry in record of rights or in periodical record of right then he can file a suit for declaration for his right under section 42 of the specific relief act.
Section 53 of land revenue act says
"If any person considers himself to be aggrieved by an entry in the record of right which he already possess, then it is at his option to file a suit of declaration of his right under the provisions as contained in chapter six of the specific relief act 1877".
7. Conclusion:
TO conclude I can say that periodical record of rights is up to date edition of record of right. during a period of four years, changes do occur in the ownership, revenue matters etc. etc., if of the land such changes are mentioned in periodical record of right. it is prepared by patwari under the order of collector of the district.
Procedure For Recovery Of Land Revenue
Q11. Enumerate the processes for effecting the recovery of arrears of land revenue.
Q. What are the various processes of recovery of the arrears of the land revenue. give in detail only one such process.
Q. What are the eight legal processes to recover the arrears of the land revenue.
Q. What are the coercive measures prescribed under law for the recovery of arrears of land revenue.
Q. What are the different steps prescribe under law for the recovery of arrears of land revenue.
1. Introduction:
If a landowner fails to pay land revenue assessed or imposed on his holding government may adopt various methods for recovery of the land revenue. the payment of land revenue is the first charge on the land and the collecting agencies can collect the revenue from person occupying the land without regard to his title.
2. Relevant provisions:
Sec. 80 land revenue act 1967.
3. Processes available under land revenue act for the recovery of arrears:
Following are different processes available under land revenue act for the recovery of arrears of the land revenue.
I. By notice of demand:
A notice of demand may be issued by the revenue officer on or after the day following on which an arrear of land revenue occurs.
Case law 1990 ALD 149
The notice of demand which can be issued by the revenue officer could be invoked only in those cases where dues against a person has been determined.
II. By arrest and detention of defaulter:
If land revenue remains unpaid after the laps of 30 days of further notice, the revenue officer may issue a warrant for the arrest of defaulter by a police officer. the revenue officer may produce the defaulter before the collector or he may be kept by him not more than 10 days.
(i) Exceptions:
Following are exempted from the arrest.
(i) Female.
(ii) Lunatic.
(iii) Minor.
(ii) Non execution of warrant:
The warrant shall not be executed in the following cases.
(i) If arrears are paid by the defaulter.
(ii) Any security is furnished for the payment of arrears by the defaulter.
III. Distress and sale of moveable property and crops:
At any time after an arrear of land revenue has accrued, the moveable property, and uncut or ungathered crops of the defaulter, may be detained and sold by order of a revenue officer.
(a) Discretion of collector:
The collector may exempt any quantity seed grain, any cattle and subsistence for the family of the defaulter.
IV. By transfer of holding:
At any time after an arrear of land revenue has accrued on a holding to any person being a landowner of the estate in which such holding situated and not being a defaulter in respect of his own holding, on condition of his paying the arrear before being put in possession of the holding and on such further conditions as the collector may deem fit to impose.
(a) Duration of transfer:
The transfer may be either till the end of agricultural year or for a term not exceeding fifteen years.arrears of the land revenue is not recoverable by any of the processes here in before.
V. By attachment of holding:
The collector may cause such holding to be attached and taken under his own management or that an agent appointed by him for that purpose. this attachment will not exceed in any case from 5 years shall be released are discharged sooner, the land shall be released and the surplus profit, if any, by handed over to the land owner.
VI. By annulment of assessment of holding:
If the aformentioned processes are insufficient and the revenue is due for more than one year the board of revenue may annul the existing assessment of the holding.
VII. By sale of holding:
If the land revenue is accrued and forgoing processes are insufficient for the recovery thereof, the collector with the prior permission of the board of revenue, may sell the land in respect of which arrears are due.
VIII. By proceeding against immovable property of the defaulter:
If the arrears of the land revenue is not before mentioned, the collector may attach any other immovable property of the defaulter.
4. Place of making deposit:
Arrears of land revenue have to be deposited at the same Tehsil headquarter in whose jurisdiction the estate is situated and where the tehsil treasury has been incorporated with the district treasury, than any such deposit can be made into the district treasury.
5. Land revenue from whom recoverable:
PLD 1972 Rev. 43
Land revenue is charge on the land and the collecting agencies can collect the same from a person occupying the land without regard to his title to the land.
6. Conclusion:
To conclude I can say that, the land revenue act provides for the processes for recovery of arrears of land revenue. all the land owners are liable for the payment of land revenue of their holding under land revenue act no one can escape his liability for the payment of arrears of land revenue.
Assessment
Q12. Distinguish between general and special assessments. under what circumstances are special assessment made.
Q. Define assessment circle, under what conditions special assessment of land revenue takes place.
Q. What are "special assessment". when are they carried out.
1. Introduction:
Assessment is a process to estimate the value of property for tax. under land revenue act land is assessed for land revenue. all lands to whatever purpose applied and wherever situate is liable to the payment of the land wherever except such land which has been exempted from the liability of land revenue. the land has to be assessed at the rates at which it is assessable according to its state at the time of assessment.
2. Relevant provisions:
Sections 56, 70 of the land revenue act 1967.
3. Meaning of assessment:
Osborn's Concise law dictionary:
To fix the amount for value of property.
4. Assessment circle:
Assessment circle means a group of estates which in the opinion of board of revenue, to be recorded in an order in writing are sufficiently homogenous to admit of a common set of rates being used as general guide in calculating the land revenue to be assessed upon them.
5. Kinds of assessment:
Under the land revenue act, there are two kinds of assessment.
(i) General assessment.
(ii) Special assessment.
6. Modes of assessment:
(i) Final assessment.
(ii) Fluctuating assessment.
7. Assessment of land revenue:
According to the section 56 "all land, to whatever purpose applied and wherever situate, is liable to the payment of land revenue to the government.
(i) Exceptions:
(a) Such land as has been wholly exempted from that liability by specical contract with government or by the provision of any law for the time being in force.
(b) Such land as is included in village site.
(c) Such land as is included in government limit.
(d) Land on which property tax under the urban immovable property tax act 1958 is payable.
(e) Waste and barren land not under cultivation for a continuous period of not less than six years immediately before the date of notification of general assessment or re- assessment. under section 59.
8. Special assessment:
Revenue officer can make special assessment of the land under revenue act. in making special assessment it is not necessary to follow the procedure of general assessment. the confirmation of the assessment in made by the board of revenue.
(i) Cases of special assessment:
Special assessment is made in the following case.
(i) When it is proposed to change the form assessment.
(ii) When lands a sole, leased or granted by government.
(iii) When the assessment of any land has been annnulled or the land owner has refused to be liable therefore and theterm for which the land was to be managed by the collector or his agent quit in form has expired.
(iv) When assessment of land revenue require revision in consequence of the action of water or send or of clalmity of season or form any other cause.
(v) When revenue due to the government on account of pasture or other natural product of land, or on acount of mills, fisheries or natural products of water, or on accounts of other rights described section 49 or 50 has been included in assessment made under the forgiong provision of this chapter.
(v) When waste and barren land becomes liable to the payment of land revenue.
(vi) Where the general assessment is not necessary.
9. Distinction between general and special assessment:
(i) As to contingency:
General assessment in not made on happening of certain event.
Special assessment in made on happening of certain event.
(ii) As to application:
Application is not made for general assessment.
Application may be filed for special assessment.
(iii) As to duration:
There is fixed period of time in general assessment.
There is no fixed period of time in special assessment.
(iv) As to sanction of Govt:
For general assessment sanction of government is required.
No sanction is required in special assessment.
(v) As to sanction of BOR:
Sanction of BOR is required before making general assessment.
Sanction of BOR is not required.
(vi) As to Announcement:
In general assessment time and date from which it is to take place is announced by the revenue officer.
Special assessment is not announced in such way.
(vii) As to procedure:
In general assessment procedure is followed.
In special assessment it is not necessary to follow the procedure of general assessment.
10. Conclusion:
To conclude I can say that assessment is necessary for the process of receiving land revenue for the Govt. general assessment and special assessment are two kinds of assessment. special assessment is made under Sec. 70 of the land revenue act 1967.
Partition Of Land
Q13. Explain the procedure of partition of land under the land revenue act. (1998)(2001)
Q. Who may apply for partition of land. are there some restriction imposed on partition.
Q. Discuss systematically the different steps during "partition proceedings" of agricultural land.
Q. Who may apply for partition of joint holding.
Q. Who can apply for partition of "joint holding" what is the procedure prescribed under law processing such application.
1. Introduction:
Any joint owner of land or joint owner of tenancy can make application for partition of holding. the application for the partition of land is filed before the land revenue officer. a person who has no share in land cannot file suit of partition of the land.
2. Relevant provision:
Sec. 135 to 150 land revenue act 1967.
3. Application for partition of land:
According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in the land.
Case law PLD 1955 PUN (Rev) 503.
Where a decree has been passed by the civil court, the revenue court should effect partition on the exact basis of the decree.
(i) Conditions for filing application:
(a) At the date of application the share is recorded under Chapter VI as belonging to him or.
(b) His right to the share has been established by a decree which is still subsisting as that date or.
(c) A written acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.
(ii) Position of mortgagee:
AIR 1938 LAH. 615
It was held a mortgagee cannot enforce partition in any manner because he is not the owner.
(iii) Position of a widow:
PLD 1975 WP LAH. 447
It was held a widow holding land for her life in lieu of maintenance is a "land owner" and therefore, an "owner of land" she is therefore entitled to apply for the partition of land.
4. Restriction and limitation on partition:
Following are restriction and limitations on partition.
(i) Worship places and grave yard held in common before partition shall continue to be so held after partition.
(ii) Any embankment, water course, well or tank and any land n which the supply of water depends.
(iii) Any grazing field.
(iv) Any land which is occupied as the site of a town or village may be refused for partition if in the opinion of the land revenue officer it shall cause hardships to the co- sharers on other persons directly or indirectly.
5. Procedure of partition by the revenue officer:
The revenue officer shall adopt the following procedure.
(i) Notice of application:
Revenue officer shall send notice to the relevant parties and fixed time for hearing.
(ii) Addition of party:
If any party desire to become party he can apply and revenue officer shall add him as an applicant for partition.
(iii) Disallowance of partition:
If revenue office deems fit that there are sufficient grounds for disallowance of partition, he may reject the application for partition.
(iv) Procedure on admission of application:
If application is admitted, the revenue officer shall desecration the questions if any in dispute between any of the person interested distinguishing between.
(a) Question as to the title in property of which partition is sought.
(b) Question as to the property to be divided for the mode of making the partition.
(v) Disposal of other questions:
If there are other question regarding the partition of land the revenue officer shall dispose such questions.
(vi) Completion of partition proceeding:
When all disputes are settled by the revenue office he shall cause an instrument of partition to be prepared and the date on which the partition is to take effect to be recorded therein.
(vii) Delivery of possession of property:
An owner to whom any land is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties.
(a) Limitation:
A person to whom a share is allotted in partition can make application can make application for the delivery of possession within three years from the date on which the partition is to take effect.
6. Affirmation of partition privately affected:
For the affirmation of privately affected without the intervention of revenue officer, any party to the partition can apply to the revenue court praying for an order to affirm the partition.
7. Conclusion:
To conclude I can say that revenue officer can entertain application of partition of land by joint owner. his power to decide questions of title is of discretionary nature. under land revenue act there are some limitation and restriction which have been imposed on partition.
Arbitration
Q14. Which matters can a revenue officer refer to arbitration without the consent of the parties to dispute before him? what are the essential contents of the order of reference in such a case.
Q. Can every matter be referred for arbitration without consent of the parties? does arbitration act 1940 apply to revenue matters under land revenue act?
Q. Write a detailed note on arbitration in revenue matters.
1. Introduction:
Arbitration is a process in which a dispute between parties is settled by a third person who is known as arbitrator under revenue act arbitrator can be appointed with the consent of the parties or without the consent of the parties. the decision of arbitrator is called "AWARD". the decision of proceeding under the land revenue act 1967 is different from the arbitration act 1940.
2. Relevant provision:
Section 151, 153, 154, 158, 159 land revenue act 1967.
3. Meaning of review:
Oxford dictionary:
Review means general survey inspection reconsideration etc. etc.
Concise oxford dictionary:
"It means to determine or to settle a dispute."
4. Power to refer to arbitration:
Power to refer to arbitration is exercised in the following ways:
(i) With the consent of parties.
(ii) Without the consent of parties.
I. With the consent of parties:
Any revenue office may with the consent of parties refer to arbitration a dispute arising before him.
II Without the consent of parties:
A collector or any assistant collector of the first grade may without the consent of the parties refer to arbitration.
(a) Cases which can be referred without consent of the parties:
(i) Any matter of which an entry is to made in any record of register under chapter VI.
(ii) Any matter relation to distribution of an assessment under section 67.
(iii) The limits of any estate or of any holding field or other portion of an estate.
(iv) The property to be divided at a partition or the mode of making partition.
5. Order of reffrence and contents thereof:
In referring a dispute to arbitration a revenue office shall make order of reference and specify therein the prcise matter submitted to arbitration to number of arbitrations which each part to the dispute is to nominate the period within which the arbitrators are to be nominated and the period within which the award is to be delivered. the number of the arbitrators which each party may nominate must be the same and not exceed two. if form any cause arbitrators are not nominated or an award is not delivered within the period fixed for in the order of reference the revenue officer may form time to time extend that period or may cancel the order of reference.
6. Nomination of arbitrators:
If an arbitrator nominated by a party dies desires to be discharged or refuses to becomes incapable to act the part may nominate another person in his stead.
7. Award of the arbitration:
The award of arbitral proceeding will be made by the arbitrators unanimously but in case any one of them dissents form the award be will have to record the causes of dissention.
8. Procedure on presentation of award:
When the award has been received, the revenue officer shall fix a day for the consideration of award and on such date he will hear the objection if any by the parties.
9. Effect of award:
The revenue officer may.
(i) Accept or
(ii) Reject
(iii) Modify the award received by him.
(i) Conditions:
The revenue officer shall record his reason for doing so in his decision respecting the dispute which was referred to arbitration.
(ii) Appeal:
An appeal shall lie from the decision of the revenue officer as if arbitrators had not been appointed.
10. Application of arbitration act 1940 to revenue matters:
The arbitration act 1940, does not apply to the revenue matters.
11. Conclusion:
To conclude I can say that a dispute between parties can be settled by a person who is called arbitrator. which is presented to the revenue officer. he may reject modify or accept the award. which is given by the arbitrator. the provisions of the arbitration act 1940 is not applicable to the arbitration proceedings under the land revenue act.
Appeal
Q15. Discuss the law relating to appeal under land revenue act. (2000)
Q. Discuss the "law of appeal" as given in the West Pakistan land revenue act, 1967. (2003)
1. Introduction:
The law of appeal under land revenue act is very simple. a person who is party to the order appealed can file appeal. he should state whole of his of his case before appellate court.
2. Relevant provisions:
Sections 161 and 162 of land revenue act 1967.
3. Meaning:
Osborn's concise law dictionary:
Any proceeding taken to rectify an an erroneous decision of a court by bringing it before a high court.
4. Definition of appeal:
Case law PLJ 1985, 164
It is removal of cause from an inferior court to a superior one for purpose of testing the soundness of the decision of the inferior court.
5. Basis:
Law of appeal is based on the following maxim.
"Interest republican Sir Finis Litium".
Is the duty of the state and its functionaries to ensure redress of grievances and minimization of litigation.
6. Appeals:
According to Sec. 161
(i) Save as otherwise provided by this act, an appeal shall lie from an original or appellate order of a revenue officer as follows namely.
(a) To the collector, when the order is made by an assistant of either grade.
(b) To the commissioner, when the order is made by a collector.
(c) To the board of revenue only on a point of law, when the order is made by a commissioner.
Provided that
(i) When an original order is conformed of first appeal, a further appeal shall not lie.
(ii) When any such order is modified or reversed on appeal by the collector, the order made by the executive district officer revenue, on further appeal, if any to him shall be final.
(i) Case law
PLD 1950 Pb. (Rev) 1090
It was held that it is the duty of the party to state the whole of his case as the new matters can hardly be introduced in appellate court.
7. Limitation for appeal:
According to Sec. 162 of the land revenue act the period of limitation for an appeal under Sec. 161 shall run from the date of the order appealed against and shall be.
(i) Thirty days, where the appeal lies to the collector.
(ii) Sixty days, where the appeal lies to the commissioner.
(iii) Ninety day where the appeal lies to the board of revenue.
PLD 1950 Rev. 560
Limitation starts from the day on which the order appealed against was pronounced and not from the date on which the appellant came to know of it even through it was pronounced in his absence.
8. Application of limitation act:
Limitation act is applicable to the matters regarding appeal under land revenue act 1967 and delay can be condoned under Sec. 5 of the limitation act.
9. Delay in filing appeal:
Court is duty bound to take cognizance of delay even if limitation is not set up as a defence by any party. in the absence of any satisfactory explanation for delay in filing appeal, court is not justified to condone the delay.
10. Conclusion:
To conclude I can say that appeal is continuation of the original proceeding. the original orders passes by assistant collector are appealable to the collector and so on. the limitation act is applicable to the limitation prescribed in the Sec. 162 of the land revenue act 1967.
Review
Q16. What is review in what circumstances this is allowed. (2003)
1. Introduction:
Under land revenue act review is not alternative for appeal. the revenue authorities are empowered to review their orders. the review is re- consideration of the sanctity of the order passed by the revenue authorities.
2. Relevant provisions:
Sec. 163 land revenue act 1967.
3. Meaning of review:
Oxford dictionary:
Review means general survey inspection, reconsideration etc, etc.
4. Authority who can review:
Following authorities can receive the order.
(i) Executive district officer revenue.
(ii) Collector
(iii) Assistant collector.
(a) Conditions:
(a) An order passed by his predecessor in office shall not be received.
(i) By executive district officer revenue without first obtaining the sanction of the board of revenue.
(ii) Collector without first obtaining the sanction of the executive district officer revenue and no other order shall be reviewed by any review officer without first obtaining the sanction of review officer to whose control he is immediately subject.
5. Notice to the other party:
The notice must be given to the affected to appear in all cases in which a revenue officer proceeds to review his order.
6. Time period:
The review must be filed within 90 days from the passing of the order.
7. Law of limitation:
Law of limitation is not applicable on the provisions of review.
Case law
1982 CLC 401.
Review was made by additional commissioner on permission granted by the board of revenue in nature of review on its mention. it was held that no period of limitation was provided for such case.
8. Modes of review:
(i) Suo moto.
(ii) On the application of aggrieved person.
9. Case when review is allowed:
Following are the cases when review is allowed.
(i) New evidence:
On the discovery of new evidence, review can be filed.
(ii) Mistake of fact:
It is allowed on the account of mistake of fact on the face of record.
(iii) No opportunity to respondent:
Review is allowed when an order is passed in appeal without giving opportunity to the respondent to defend hiscase.
(iv) Active fraud:
Review is allowed, when some active fraud has been taken place.
(v) Misrepresentation:
Misrepresentation of case is also a ground to review the order passed by the revenue authorities.
(vi) Change in law:
Review is allowed in a case where some changes in law has taken place in the intervening period.
(vii) No acquiescence on part of petitioner:
Where there is no acquiescence on part of the petitioner review is allowed.
(viii) Any other sufficient ground:
Review is allowed in a case where there is any other sufficient ground.
10. Cases where review is not allowed:
Following are those cases where review is not allowed.
(i) Ignorance of provisions of law.
(ii) Non- application of law.
(iii) Mis- interpretation of law.
(iv) Mis- application of law.
(v) Disputed facts.
(vi) Where there is need to conduct enquiry.
(vii) Against the sanction of review.
11. Conclusion:
To conclude I can say that, the all classes of revenue authorities are competent to review their orders under the land revenue act 1967 on application of aggrieved person.
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