DELHI LAND REVENUE RULES 1962

DELHI LAND REVENUE RULES 1962[1]

CHAPTER I Preliminary

Rule - 1.

The rules may be called the Delhi Land Revenue Rules, 1962.

Rule - 2.

In these rules, unless the context otherwise requires.

(i)       Act means the Delhi Land Revenue Act, 1954;

(ii)      Form means a Form appended to these rules;

(iii)     Khasra means the Khasra Girdawari; and

(iv)    section means a section of the Act.

CHAPTER II Recruitment and Conditions of Services of Patwaries

[Rules under Section 84 (2)(b)]

Rule - 3. List of candidates who have passed the Patwari School Examination.

(1)     The Deputy Commissioner shall maintain in the following form a list of patwari candidates who have passed the Patwari School Examination.

(2)     Necessary material for the maintenance of this list shall be supplied by the Patwari School authorities as soon as examination results of Patwari School, if any, are out. The Deputy Commissioner may in his discretion add to the list so received the name of any other candidate who has passed the Patwari School Examination from outside the Union Territory of Delhi.

(3)     The names in the list shall be arranged in order of seniority as determined by the year of examination. Seniority as between the candidates of the same year shall be judged on the basis of the aggregate marks obtained at the examinations.

(4)     The list shall be revised every year shortly after the receipt of the results of the examination and the Deputy Commissioner shall remove the names of.

(a)      candidates who have received permanent appointments.

(b)      candidates who have exceeded the maximum age limit for appointment, and

(c)      other candidates for good and sufficient reasons to be recorded in writing.

Rule - 4. Appointment and qualifications.

(1)     Whenever the 'Halka' of a patwari falls vacant, the Deputy Commissioner or any Revenue Assistant specially empowered by the Chief Commissioner in this behalf shall appoint thereto the senior-mot candidate on the list maintained under sub-rule (1) of Rule 3, provided that he may pass over any name or names for good and sufficient reasons to be recorded in writing, and provided further that the candidate so appointed is.

(a)      (i) not less than 18 and not more than 25 years of age on the date of appointment.

(ii) has passed the Matriculation or an equivalent examination recognized by the Government; and

Note 1. In special cases the appointing authority may relax the upper age limit.

Note 2. For purposes of the provisions of this Chapter, Deputy Commissioner shall include any Revenue Assistant specially empowered by the Chief Commissioner under sub-rule (1).

(b)      a citizen of India.

(2)     In the event of his not accepting the appointment, a candidate shall be passed over, and the next candidate appointed. The former candidate may, however, be considered for appointment in a later vacancy.

(3)     When any area is under settlement operations, the Settlement Officer may make temporary appointments of patwaris and assistant patwaris in temporary vacancies and he may also make a temporary appointment in the case of a permanent vacancy, pending the appointment of a permanent patwari by the Deputy Commissioner.

Rule - 5. Character.

The character of a candidate must be such as to render him suitable in all respects for employment in the service. It shall be the duty of the appointing authority to satisfy itself on this point.

Rule - 6. Production of Medical Certificate.

No candidate shall be appointed as Patwari unless he is in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties as a member of the service. Before a candidate is appointed he shall be required to furnish a medical certificate of health in accordance with the rules framed under Fundamental Rule 10.

Rule - 7. Probation.

(1)     Every patwari on appointment in a substantive vacancy shall be placed on probation for a period of one year and shall be required to undergo such training and pass such examination as may be directed by the Deputy Commissioner from time to lime.

(2)     If it appears at any time during or at the end of the period of probation that a patwari has not made sufficient use of his opportunities or has otherwise failed to acquaint himself satisfactorily, the Deputy Commissioner may remove him from service or extend the period of probation to two years.

(3)     A probationer shall be confirmed in his appointment at the end of the period of probation if his work and conduct have been satisfactory.

Rule - 8. Temporary vacancies.

(1)     In temporary vacancies exceeding one month candidates borne on the list maintained under sub-rule (1) of Rule 3 shall be appointed, as far as possible, in accordance with seniority.

(2)     In case of vacancies not exceeding one month, or in case of those exceeding one month if a qualified candidate is not available, the Deputy Commissioner may appoint an unqualified candidate, provided that he is satisfied that the candidate is otherwise suitable for the job.

Rule - 9. Salary and other allowances.

The patwaris shall draw pay in the scale of Rs.85-2-95-3-110-E.B.-3-128, beside such allowances as may be admissible to them from time to time:

Provided that the Chief Commissioner may, considering any special circumstances or the conditions of service, revise the pay scale and allowances from time to time.

Rule - 10. Annual Increments.

The grant of annual increments to patwaris shall be governed by the relevant rules for the time being in force.

Rule - 11. Rewards.

Rewards may be granted to deserving patwaris to the extent of the sum annually allotted for the purpose in the Land Records budget:

Provided that no patwari shall be given more than one months basic pay as reward during any Fasli year.

Rule - [12. Punishments, appeals, etc.

The provisions of the Central Civil Services (Classification, Control and Appeal), Rules, 1957 shall mutatis mutandis apply to patwaris in regard to matters covered by those Rules.][2]

(a)      censure;

(b)      with-holding of increments including stoppage at an efficiency bar or promotion;

(c)      recovery from pay of the whole or part of any pecuniary loss caused to the Government by negligence or breach of orders;

(d)      reduction to a lower service, grade or post, or to a lower time scale, or to lower stage in a time scale;

(e)      compulsory retirement;

(f)       removal from service which shall not be a disqualification for future employment;

(g)      dismissal from service which shall ordinarily be a disqualification for future employment.

(3)     The Revenue Assistant may suspend a patwari pending inquiry into charges made against him.

(4)     A patwari may be removed by the Deputy Commissioner for incompetence or for pecuniary embarrasement rendering him unfit for the discharge of his duties.

(5)     No order of dismissal, removal or reduction (other than an order based on facts which have led to his conviction in a criminal court) shall be passed on a patwari unless he has been informed in writing of the grounds on which it is proposed to take action, and has been afforded an adequate opportunity of defending himself. The grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case. He shall be required within a reasonable time, to put in a written statement of his defence and to state whether he desires to be heard in person. If he so desires or if the authority concerned so directs, an enquiry shall be held. At that enquiry oral evidence shall be heard as to such of the allegations as are not admitted and the person charged shall be entitled to cross-examine the witnesses, to give evidence in person and to have such witnesses called, as he may wish, provided that the Officer conducting the enquiry may, for special and sufficient reasons to be recorded in writing, refuse to call a witness. The proceedings shall contain a sufficient record of the evidence and a statement of the findings and the grounds thereof.

(6)     The procedure contained in the foregoing sub-rule shall not apply where the person concerned has absconded, or where it is for other reasons to be recorded in writing impracticable to communicate with him.

(7)     Appeals from orders passed by the Revenue Assistant and Deputy Commissioner under this rule shall lie to the Deputy Commissioner and the Chief Commissioner respectively and the provisions of Part-VI (relating to Appeals) of the Central Civil Services (Classification, Control and Appeal) Rules, 1957 shall apply mutatis mutandis in respect of such appeals.

Rule - 13. Transfers.

(1)     The Deputy Commissioner may at his discretion transfer a patwari from one 'Halka' to another.

(2)     When any tract is under records or settlement operations, the transfer of a patwari of that tract shall not be made without consulting the Record Officer or Settlement Officer, as the case may be.

Rule - 14. Classification of Patwaris' service.

The post of patwari shall be treated as Central Civil Service Class III for all purposes.

Rule - 15. Obligation of residence.

Every patwari shall reside within his 'Halka'.

Rule - 16. Restriction on patwaris.

No patwari shall be posted to any 'Halka' in which he or any of his relations owns any land.

Rule - 17. Transfer of charge.

(1)     Before the resignation of a patwari is accepted or in the event of his transfer, before the order of transfer is given effect to, he shall make over all his papers and records to the Girdawar Kanungo concerned, or to such other patwari of the neighbouring Halka as the said Girdawar Kanungo may specify.

(2)     When it is proposed to dismiss or remove a patwari as a measure of punishment, he shall first be suspended, and immediately thereafter he shall make over his papers and records to the Girdawar kanungo concerned or to such other patwari of the neighbouring Halka as the said Girdawar kanungo may specify. In either case the Girdawar kanungo shall be responsible for ensuring that patwari has made over all his records and papers.

Rule - 18. Assistant Patwaries.

The rules in this Chapter shall also apply to Assistant Patwaries. An Assistant Patwari shall draw pay in the scale of Rs. 70-11-80-1-85, besides such other allowances as may be admissible to patwaries:

Provided that the Chief Commissioner may, considering any special circumstances or the conditions of service, revise the pay scale and allowances from time to time.

CHAPTER III Duties of Patwaries

[Rules under Section 84(2)(b)].

Regular Duties

Rule - 19.Attendance at Tehsil.

(1)     The patwari shall attend the Tahsil on such date in each month as may be fixed by the Tahsildar. On the occasion of attendance he will receive the salary and allowances that may be due to him and will make such reports as are required.

(2)     The Deputy Commissioner may suspend the operation of sub-rule (1) during the periods fixed for field inspection, or at other times when the patwaries are required to be in their 'Halkas' but the suspension shall not extend for more than a month at a stretch.

Rule - 20. Reports to Office Kanungo.

On the occasion of such attendance, the patwari will.

(1)     receive the salary and allowances that may be due to him;

(2)     report on writing to the Office kanungo.

(a)      all cases requiring correction of entries referred to in sub-rules (3) and (4) of Rule 103.

(b)      all cases of death or disappearance of pensioners,

(c)      all admissions, transfers and leases referred to in Section 22, which involves a change in the mutation register.

(d)      death of Bhumidhars or Asamis by which a change in the Khatauni may be entailed as well as the names of their successors;

(3)     obtain from the Office kanungo orders relating to changes in the Khatauni and any other orders which may have been issued. For this purpose he shall always bring his Khatauni to the tahsil.

Rule - 21. Mutation reports.

Report of occurrences involving a change in the Khatauni shall be made at the earliest opportunity on Form P-l of which copies will be supplied by the Office kanungo. The patwari shall obtain on his written report the signature of the persons obtaining possession by admission, succession, transfer or lease in all cases where this can be done without delaying its submission.

Rule - 22. Reports of calamities.

The duties of the patwari in connection with calamities breaking out in his Halka shall be as follows.

(1)     Immediately on the occurrence of any calamity, namely, hail, locusts, flood, serious damage by fire to houses, crops or other property, epidemic disease of beast and man, including abnormally serious outbreak of seasonal fever, he shall submit a report of the same to the Office kanungo personally on Form P-2 to be supplied from tahsil or by bearing post, if he lives beyond a radious of five miles from the tahsil headquarters;

(2)     He shall inform incharge of the nearest railway station regarding heavy rainfall, unexpected floods and overflowing of reservoirs etc., which are likely to cause damages, breaches or washouts to the railway tract;

(3)     He shall inform the Girdawar kanungo of the same if he is in the neighbourhood;

(4)     He shall submit reports to the Veterinary Department as laid down in Rule 41.

Rule - 23. Preparation of demand and collection jamabandi.

The patwari of each Halka shall each year before the 10th of September in respect of villages or areas not subjected to the fluvial action of the river or the Najafgarh Jhil, and as soon as possible after the 1st of December in respect of the villages or areas so subjected, prepare in duplicate the demand and collection jamabandi for each village within the Halka separately in L.R. Form 19 appended to the Delhi Land Reforms Rules, 1954, showing therein the Kharif and Rabi land revenues payable by each Bhumidhar. The jamabandi shall be prepared on the basis of the Khatauni of the previous year and all changes ordered to be made by a court or other competent authority. All the entries shall be checked by the Girdawar kanungo who will place his signature on both copies of the jamabandi in token of cent per cent check. The jamabandis shall reach the tahsil by the 7th of October in case of former villages or areas while in case of later as soon as possible after the sanction of the Chief Commissioner has been received under sub-rule (4) of Rule 64 of the Delhi Land Reforms Rules, 1954.

Rule - 24. Assistance to the Gaon Panchayat and the Consolidation Officer.

The patwari shall give necessary assistance to the Gaon Panchayat and the Consolidation Officer whenever required to do so in preparing a valuation khasra in L.R. Form 46 of the Delhi Land Reforms Rules, 1954 for all the fields which are likely to be exchanged.

Rule - 25. Report to Girdavvar kanungo.

When the Halka of a patwari is visited by the Girdawar kanungo, the patwari shall report to him.

(1)     all errors discovered in tested entries;

(2)     any change in the character of any uncultivated land;

(3)     destruction or decay of survey or boundary marks requiring renewal or repairs;

(4)     infringement of the conditions under which any lease of land is held from the Chief Commissioner;

(5)     all cases of alluvion and diluvion with approximate areas and description of soil mentioned in Rule 60;

(6)     all cases of merger contemplated by Section 70 of the Delhi Land Reforms Act, 1954;

(7)     changes mentioned in Rule 103;

(8)     all cases of encroachment in nazul or other property belonging to the Government; and

(9)     any unusual occurrence that has taken place in his Halka since the Girdawar kanungo's previous visit.

Rule - 26. Papers to be maintained by the patwari.

The patwari shall maintain the map, records registers and statements shown in the following list and shall dispose of them in the manner shown in the last column. Blank forms will be supplied to him by the Office kanungo. When, however, a general revision of records is made in a tract as a preliminary to a settlement, the patwari shall not be required to prepare annual records of the year following that for which revised records are prepared under the supervision of the Record Officer (particularly if the tract is then under settlement) if the Deputy Commissioner after consulting the Record or Settlement Officer, is of the opinion that the annual records cannot be prepared effectively without detriment to record or settlement operations. In no case, however, shall the patwari be excused from the duty of preparing annual records for more than one year after the year of which the records are revised by the Record Officer.

Rule - 27. Inspection and extracts of records.

(1)   The Patwari shall allow any one interested to inspect his records in his presence and to take notes of the same in his presence without fee.

(2)   The Patwari shall give to applicants certified extracts from his records, except settlement, consolidation of holdings and partition records. The charges payable to the Patwari including cost of paper, which will be supplied by him, will be as follows.

Exception. Certified extracts of records shall be supplied free of cost of Pradhans Gaon Sabhas only when they certify that extracts are required for discharge of their official function. In such cases following words shall be boldly written at the head of each extract.

FOR USE OF THE GAON SABHAS ONLY

(3)     For the calculation of charges, the number of fields entered in the extract shall be the number of entries of Khatauni or Khasra.

(4)     The Patwari shall enter in his diary a note of such inspections and extracts. The amount of fee realised by the Patwari shall be noted by him on the extract issued as well as in his diary.

(5)     If the patwari refuses or neglects to give the required extract, an application may be made to the Girdawar kanungo or the Tahsildar, who will cause compliance.

Rule - 28. Duplicate records.

A patwari shall not be called on for preparing duplicate copies of his annual records except when he is especially ordered by the Deputy Commissioner.

Rule - 29. Custody of records.

The patwari shall be responsible for the safe custody in good condition of his copies of settlement, partition and consolidation records, or of any papers which he may be required to keep under these rules, or which may be made over to his charge by the district authorities. On receipt of revised set of settlement records the patwari shall make over his old settlement records to the Office kanungo.

Rule - 30. Alteration in records.

Patwaris are prohibited from erasing any entry in any record. An erroneous entry when scored out shall be initialled by the patwari. Corrections and alterations made by the Girdawar kanungo or any other inspecting officer shall be signed by him and entered by the patwari the same day in his diary.

Rule - 31. Closing of records.

(1)     The patwari shall sign and date each record prepared by him as soon as it is complete. After having signed a record he shall not alter any entry or make any fresh entry in it; but he shall note below his signature any mistake or omission which he may detect.

(2)     Patwaries are prohibited from altering any entry which has been tested by the Girdawar kanungo. If a patwari finds that a tested entry is erroneous, he shall report the matter to the Girdawar kanungo at his next visit; the Girdawar kanungo shall ascertain the correct entry and shall have it made under his own signature if the record has not been closed and signed; but if the record has been closed and signed, he shall have the mistake noted at the end under his signature.

Rule - 32. Survey instruments

Every patwari shall be provided at the expense of the Government with a brass scale, a pair of compasses of iron or brass, an offset piece and a bamboo measuring rod in use in the tahsil. He shall keep these instruments in serviceable condition.

Rule - 33. Survey and report.

The patwari shall make any survey, field inspection, record of crops, inspection, revision of maps, or reports relating to revenue or rent or circumstances of cultivation which he may be ordered to make through the Girdawar or Office kanungo.

Rule - 34. Boundary disputes.

In cases of private boundary disputes the patwari shall make such local enquiry, with or without survey, as he may be instructed by a court.

Rule - 35. Progress report of taqavi works.

While any work is in progress for which a taqavi advance has been taken the patwari shall submit through the Girdawar kanungo a quarterly report as to the expenditure of the loan, and the progress of the work.

Rule - 36. Famine Operations.

When the tahsil has come under the operation of the Famine Code the patwari shall fill up the daily, labour return of village works (aided or unaided), if required to do so by the person or body incharge of the works.

Rule - 37. Consolidation of holdings.

When consolidation of holdings is being carried out in any village, the patwari shall perform the duties prescribed for him in the rules for the consolidation of holdings.

Rule - 38. Assistance in the collection of Agricultural savings.

The patwari shall take part, as directed by the Revenue Assistant, or under the general executive orders of the Deputy Commissioner, in the collection of agricultural savings for investment.

Rule - [38-A. Preparation of Pass Books of Tenure Holders.

(1)     Every tenure holder shall be issued a Pass Book to be called The Pass Book of the Tenure Holder in Form P-16 by the Patwari.

(2)     Every year after each harvest inspection the Patwari shall make necessary entries from his Khasra (sic) in the Pass Book of the Tenure Holder.

(3)     The cost of Book shall be Rs. 11/- and the fee for entry therein from Khasra Girdawari shall be Rs. 00.50. The cost and the fee shall be charged from the tenure holder by the Patwari.][3]

[4][The Patwari will enter the cost so charged in register in Form P-18. The cost and half of the charged fee shall be credited into the Government account under the head IX Land Revenue within 15 days of its receipt. The balance amount of the recovered fee shall be Patwaries share and will be retained by him.]

Duties of the Patwari in other Departments

Rule - 39. Assistant to chowkidar.

The patwari shall help the village chowkidar in writing his register of births and deaths, but the primary responsibility for the work shall rest with the chowkidar.

Rule - 40. Health Department.

It will be the duty of patwaries on the outbreak of cholera or plague or any other epidemic in the Halka to give every help to the Medical Officer in preventive and curative measures, particularly in persuading people to come forward for inoculation.

Rule - 41. Veterinary Department.

Immediately on the outbreak of a cattle or horse disease such as rinderpest, anthrax, haemorrhagic septicaemia and black-quarter, in the Halka, the patwari shall communicate all the particulars required in Form P-3 to the Veterinary Assistant direct, if he is in the neighbourhood, otherwise he will at once despatch to him a warning postcard in Form P-3 specifying therein the name of the nearest railway station with its approximate distance in miles or kilometers from the village affected.

Rule - 42.Pradhan to discharge duty in absence of patwari.

In tract under the settlement or revision operations the patwari, when leaving his halka for any considerable time in connection with settlement or record work, shall hand over all the warning post cards and letters in his charge to the Pradhan of the Gaon Panchayat concerned, whose duty it will be to send reports of all outbreaks of cattle disease to the Civil Veterinary Department in the absence of the patwari from his Halka. The patwari shall obtain the signatures of the Pradhan of the Gaon Panchayat in his diary in token of their receipt. He shall take back the unused post cards and letters from the Pradhan of the Gaon Panchayat when he is relieved from settlement or record work anti-returns to his Halka and note this fact also in his diary.

Rule - 43. Excise Department.

Every patwari, in whose Halka any excisable article not licensed under the Excise Act is manufactured, or any unlawful cultivation or collection of any plants from which an intoxicating drug can be prepared is carried on shall give notice of the same to a magistrate or to an officer of the excise, police or revenue department immediately the same shall have come to his knowledge.

Rule - 44. Election Department.

Any patwari may be called upon to perform duties in connection with the identification of voters during elections within the Halka under the direction of the Deputy Commissioner, the Revenue Assistant, the Presiding Officer or any other person authorised by the Deputy Commissioner in this behalf.

Rule - 45. Panchayat.

The patwari shall assist the Pradhan and Up-Pradhan of a Gaon Panchayat in the performance of the Gaon Panchayat's duties relating to land management work as mentioned in Rule 164 of the Delhi Land Reforms Rules, 1954 in respect of the villages of his Halka situated in the jurisdiction of the Gaon Panchayat, in the manner and to the extent prescribed under the said Rules.

Rule - 46. Co-operative Societies.

When asked to do so, the patwari shall furnish to the Co-operative Societies in his Halka such information as may be required by them with regard to the area, land revenue and rental of the land held by their members.

Rule - 47. Agricultural Department.

(1)     Patwaries shall verify total cultivated area, rent of land revenue mentioned in the form of application for an advance of seed from a seed-depot belonging to the Agricultural Department. The patwari can do the work of verification when applications are sent to him by the Girdawar Kanungo or the Inspector of the Agricultural Department or at the headquarters of the tahsil when the patwari goes there to receive his pay, but he need not attend personally at the seed-depot for this purpose. On requisition through the Deputy Commissioner, the patwari shall furnish to the Agricultural Department the names of persons in his Halka who would be prepared to take improved seed from the department on the terms and conditions in force from time to time. On no account shall the patwari be called upon to verify the pecuniary condition of the borrower.

(2)     Twice a year in the months of January and July, when the patwari attends the tahsil to receive his pay, he will inform the Office kanungo as to how the stud bulls, if any, in his Halka are kept by the 'darindas'. He shall also supply information abut the bills as is needed by the Tahsildar for the compilation of the half-yearly return on the condition of the stud bulls.

(3)     When an agricultural demonstration is expected in any centre, the patwari shall bring the fact to the notice of the residents of his Halka with whom he may come in contact in the course of his official duties, or when he otherwise visits any village, and shall encourage them to attend.

Rule - 48. Police Department.

On the requisition of a police officer investigating a case of murder, riot or other such violent crime, the patwari shall supply a tracing from the village map showing the locality in which the crime was committed. The tracing shall not be signed by the patwari, the duty of verifying it resting with the police officer making the investigation.