Record of Rights ('Parcha' in Bangla)
The State Acquisition and Tenancy Act, 1950
Record of Rights
S. 17 empowers the Govt. to make an order directing two matters regarding record of rights-
a) that the respect of a district, part of district or local area; or
b) that the record of rights made under the Bengal Tenancy Act be revised.
The purpose of making these orders are:
i) to acquire the interests of all rent-receivers within any district, part of district or local area;
ii) to assess the compensation payable for all such interests.
Particulars of the record of rights:
i. name, father’s name and address of the tenant or occupant
ii. the class of tenant whether proprietor, tenure-holder, raiyat etc.
iii. the rent payable
iv. the amount payable in respect of any rights of pasturage, forest-rights etc.
v. the mode in which the rent has been fixed whether by contract or by court.
vi. the rights and obligations of each tenant.
vii. the special conditions and incidents, if any.
viii. the rent determined as fair and equitable.
ix. any right of way or easement attaching to the land.
It is to be prepared by a Revenue Officer. If making of a record of right regading any district or local area has already begun under the Bengal Tenancy Act or Sylhet Tenancy Act, that shall be stayed and shall be made within the provisions of the State Acquisition and Tenancy Act, 1950.
A notification in the official gazette shall be conclusive evidence. It is only a rebuttable evidence and it does not create any new right. The entry in the record of rights is presumptive evidence as to the condition of things which existed at the time the record was being prepared. The entry may be proved by evidence to be incorrect.
s. 18 provides that the Revenue officer shall prepare or revise the record of rights in accordance of such order as may be prescribed.
Procedure to prepare or revise the record:
The work shall ordinarily consist of the following stages, namely-
i. traverse survey;
ii. cadastral survey;
iii. erection of boundary marks;
iv. preliminary record writing;
v. loal explanation;
vii. determination of fair and equitable rent and preparation of the settlement rent roll;
viii. publication of the draft record;
ix) disposal of objection;
x) preparation of final record; and
xi) publication of final record.
Any of the first six stages may be omitted and a new stage added with the approval of the Director of Land Records and Surveys.
s. 19 discusses about the drafting and final publication of the record of rights. When a record has been prepared or revised, the revenue officer shall publish a draft of the it and shall receive and consider objections relating to the entry or omission.
If a person is aggrieved by the order of the Revenue Officer on an objection made, may appeal to the revenue authority not below the rank of an Assistant Settlement Officer.
If an appeal or objection is considered and disposed of by the revenue officer, he shall finally frame the record and cause it to be finally published.
When a record has been finally published, the revenue officer shall make a certificate stating the fact of such final publication.
s. 143 deals with the maintenance of the record of rights. The collector shall maintain up-to date record of rights by correcting bona fide mistakes and by incorporating therein the changes on account of –
a) the mutation of names as a result of transfer or inheritence;
b) the supervision, amalgamation or consolidation of holdings;
c) the new settlement of lands or of holdings purhcased by the provincial govt.;
d) the abatement of rent.
s. 143A enumerates special provisions for correcting mistakes in the record of rights. If anyone is aggrieved by an entry or omission in the record of right, he can file an application for the purpose of correcting mistakes in a civil court which has jurisdiction to entertain a suit for possession of land. This application is deemed to be a plaint and order passed thereon shall have the force of a decree under CPC.
The court shall follow the following procedure:
· Shall cause notice to be served to persons named in the application;
· Shall send a copy to the revenue officer within 7 days. The revenue officer shall hold inquiry and submit report to the court within 15 days.
· To file any objection regarding the inquiry, the court shall allow reasonable time;
· If the opposite party does not show up or no objection is raised, the court may proceed ex parte;
· If an objection is filed, the court shall fix a date for hearing. After hearing and considering the inquiry report, the court shall pass order.
· An appeal lies to the District Judge who may dispose of the appeal by himself or transfer to a subordinate judge. If no appeal is preferred from it, the decision of the District Judge will be final.
· If the court order to rectify any entry of the record, it shall notify the same to the collector and the collector shall correct the record.
· For the purpose of an application, appeal, review and revision, relevant provisions of the Code of Civil Procedure, 1908 shall apply.
s. 143B deals with the correction of the record of rights upon inheritence. If a property is inherited and divided according to the respective personal law, the heirs shall prepare an instrument of partition and shall register the same under the Registration Act, 1908. The revenue officer shall revise the Khatian in accordance therewith.
s. 143C deals with the procedure for correction of the record of rights. The revenue officer on receipt of notice under section 89 shall open a file for mutation of record of rights and shall issue notice to the co-sharers of the holding for mutation. For this purpose the revenue officer shall fix a date for objection if any. If no objection is raised, he shall correct the record of rights accordingly.
If an objection is filed by any co-sharer of the holding, the revenue officer shall fix a date for hearing both the parties and after hearing, he shall pass an order stating the reasons and the record of rights shall be corrected accordingly.
s. 144 stipulates the provisions of revision of the record of rights. The provincial govt. may make order directing that a record be prepared or revised in any of the following cases:
a) if not less than one half of the total member of tenants applies for such order;
b) where it is necessary to avert a serious dispute existing or likely to arise among tenants;c) where a settlement of rent to be made.