CHAPTER
VII
Introductory.
This chapter deals with the distinct subjects. The first subject Is the procedure according to which allotments may be reviewed before possession of the land allotted or leased has been taken. The second relates to the procedure for review after possession has been taken. The first subject forms part of the work to be done in the allotment stage; the second is part of the work which arises when allotment has been made.
2. It may be necessary to review an allotment at three stages :
(1) When the list of allottees in a village has been completed, but allotment of khasra numbers has not been done;
(2) When khasra numbers have been determined, but allotment orders have not issued ;
(3) When allotment orders have issued, but possession has not been taken.
3. At any of these stages it may be necessary to review an allocation or an allotment for any one of the following reasons ;
(1) To adjust a claim to suburban land ;
(2) To adjust a claim to urban allotment;
(3) To adjust a claim to a garden colony allotment;
(4) To adjust a claim to allotment in a village earmarked for defence and ex-defence personnel ;
(5) To adjust a claim to an evacuee garden ;
(6) To adjust a claim for area specially set apart for widows : or to accommodate a widow with her relations according to rules;
(7) To restore a sitting allottee who may have been shifted against rules from his village of temporary allotment;
(8) To adjust a claim in consequence of an amendment in a person's statement of account of land and rights abandoned in Western Pakistan ;
(9) To correct an error or omission in the consolidation of claims of an individual to land abandoned in different villages or districts; and
(10) For any other reasons which may be specifically approved by Government.
4. When a change in the allocation of an individual to a village is made at the first stage an order in writing should be passed by the Resettlement Officer. The list of allottees has to be amended and re-arranged in accordance with the instructions given in part II of Chapter VI. Khasra numbers have then to be allotted according to the revised list.
5. In the second stage review may be necessary either after the allotment of khasra numbers has been completed or while khasra numbers are still being allotted. In either case the Resettlement Officer should pass an order in writing reviewing the allotment. This order will state clearly the particular allottees who are to be taken out of the village and those who are to be put in their place and will also state briefly the authority and the reason for the change. The Khasra numbers given to allottees other than those whose cases come under review will not be affected by the review. The khasra numbers given to allottees other than those whose cases come under review will not be affected by the review. The Khasra. numbers which fall vacant as a result of the review will be noted in continuation of the order prescribing the mode of partition for the village. In other words, in the second stage it is not necessary to re-arrange the list of allottees, and the work of allotment of fields which may have been completed will not be done over again.
6. Review of allotments in the third stage, that is- when an allotment order has already issued requires caution and should only be made if there are definitely good reasons for the change. An order reviewing an allotment may not be passed in this stage without due authority as laid down in the following directions ;
(1) Where a change has to be made at the third stage within a district on any of the general grounds listed in paragraph 3, the order of the Resettlement Officer will be sufficient;
(2) Where a change within the district is made for any other reason, not of general application nor based on general instructions, the order of the Resettlement Officer requires confirmation of the Director General Rehabilitation in East Punjab and of the Director, Rural Rehabilitation in Pepsu ;
(3) Where a change is proposed on the basis of general instructions and affects more than one district of East Punjab, the Resettlement Officers concerned may take action on their own authority under advice to the Land Claims Office ;
(4) Where a change affects a district of East Punjab and a district of Pepsu, the Resettlement Officer concerned may take action with the concurrence of the Director General Rehabilitation in East Punjab and the Director Rural Rehabilitation in Pepsu;
(5) Where a change has to be made on any ground not laid down in general instructions or on specific request and affects more than one district of East Punjab, the orders of the Financial Commissioner, Rehabilitation will be taken;
(6) Where a change is proposed on grounds not laid down in general instructions and affects a district of East Punjab as well as a district in Pepsu the change shall be made only with the concurrence of the Financial Commissioner, Rehabilitation, East Punjab and the Director Rural Rehabilitation, Pepsu.
7. Careful attention to the procedure for making changes in allotment in the third stage is called for. The instructions on the subject are as follows :
(1) In the fourth part of the parcha claim the Resettlement Officer cancelling an allotment should enter the words "cancelled", and the number and date of the order of cancellation should be added. This order should be signed by the Resettlement Officer in his own hand;
(2) Before issuing the order of cancellation, the Resettlement Officer should ensure that a note has been recorded in the order regarding the mode of partition of the village about the khasra numbers which have been rendered vacant by the order of cancellation;
(3) The Resettlement Officer making a fresh allotment (he may be the officer who has cancelled the allotment or any other officer) should pass a revised order of allocation in the fourth part of the parcha claim;
(4) The Resettlement Officer should pass an order in the prescribed form cancelling the allotment previously made. One copy of this order should be sent for record to the Land Claims Office, a second copy to the tahsil in which the allotment was previously made, a third to the Patwari of the circle in which the allotment was made, while a fourth copy should be retained for the Resettlement Officer's own record. If the new allotment has to be made in another district whether of East Punjab or of the Patiala Union, a copy must also be sent to the Resettlement Officer who has to make the new allotment;
(5) When a new allotment order is issued from the Land Claims Office in the usual form in replacement of the earlier order of allotment, the entries shown below should be stamped and completed at the bottom of the first page of the allotment order. Along with the allotment order the Land Claims Office should issue a new intimation card in which these entries should be made in the same manner as in the allotment order :
Sanad to replace
allotment No. _________________
Village ______________________
Tahsil _______________________
District ______________________
8. Since the allotment orders are delivered through tahsil offices, arrangements explained in the last paragraph have to be linked with arrangements in tahsils. When the order of cancellation reaches the Tahsildar incharge of the tahsil, he should ascertain if the original order awaits collection by the allottee or has already been collected. The instructions to be followed are :
(1) If the allotment order is still in the tahsil, the Tahsildar should return it to the Land Claims Office under advice to the Resettlement Officer of his district;
(2) If the original allotment order has been collected, on receiving the order of cancellation the Tahsildar should serve a notice to the allottee to return the allotment order. The new allotment order should not be delivered to the allottee unless he returns the first allotment order. The original order should then be sent to the Land Claims Office under advice to the Resettlement Officer of his district;
(3) If the new allotment order relates to another tahsil, either in the same district or in any other district, on receiving the copy of the order of cancellation, the Tahsildar should issue a notice to the allottee to return the old allotment order to the tahsil. The Tahsildar of the tahsil, to which the new allotment order relates, should not deliver it to the allottee unless the allottee produces a certificate from the Tahsildar to which the first allotment order related to the effect that he has returned the allotment order;
(4) If an allottee represents that he has lost the original allotment order and is not in a position to surrender it and at the same time wants the new allotment order, the orders of the Resettlement Officer should be obtained. The Resettlement Officer will, if he is satisfied, permit the delivery of the new allotment order.
9. This section describes the procedure and machinery for dealing with applications for review and revision in relation to orders of allotment and lease of evacuee land to displaced persons in East Punjab under statements of conditions issued with the East Punjab Government Notifications Nos. 4891/S and 4892/S dated the 8th July. 1949 or in Pepsu under Notification Nos. 8R and 9R dated the 23rd July, 1949. In other words, it refers to steps necessary if individual claimants or allottees apply for change after orders have issued. The cardinal principle in dealing with these applications is that they are to be entertained from persons in whose favour allotments and leases have been sanctioned only after possession has been taken, except in the case of persons to whom no allotment has at all been made or in case in which a correction of a clerical error is involved, in which no adustment of the allotted area is required.
10. The instructions on the subject are issued by the Provincial Government in virtue of a delegation from the Central Government under section 52(1) of the Administration of Evacuee Property Ordinance, 1949 of the power to make rules under section 53(2) (h) of the Ordinance "regarding the circumstances in which leases and allotments may be cancelled or terminated or the terms of any lease or agreement varied " in respect of evacuee land in East Punjab. The Custodian, Evacuee Property, East Punjab, has by virtue of powers conferred on him under section 10(2) (q)) of the Administration ot Evacuee Property Ordinance, 1949 delegated his functions, in respect of allotment and lease of immovable evacuee property, of cancellation of such leases and allotments and amendments of the terms thereof or of any agreement on which any evacuee property is held to be occupied by any person, to the following officers :—
1. Financial Commissioner, Relief and Rehabilitation;
2. Commissioners of Divisions ;
3. Director General Rehabilitation and Additional Director General Rehabilitation ;
4. Director, Urban Rehabilitation;
5. Deputy Commissioners;
6. Additional Deputy Commissioners ;
7. Registrar Land Claims and
8. Assistant Collectors 1st Grade.
Officers named at Nos. 2 to 8 exercises their powers under the general control of the Financial Commissioner, Relief and Rehabilitation.
12. In the districts work relating to review and revision of allotments is in the charge of Deputy Commissioners or Additional Deputy Commissioners who are assisted by one or more Revenue Assistants. Deputy Commissioners or Additional Deputy Commissioners have full and complete responsibility for the disposal of all work relating to the review and revision of orders of allotment and lease of evacuee land under statements of conditions issued with the East Punjab Government Notifications Nos. 4891/and 4892/S dated the 8th July, 1949 and applications concerning claims to land from displaced persons in whose favour allotments have been sanctioned in their districts.
For East Punjab and Pepsu a Land Claims Office has been established under a Registrar, Land Claims, who is subordinate to the Rehabilitation Department. He maintains the record regarding displaced persons who have submitted claims to the East Punjab Government the jamabandis received from the West Punjab Government and Other records relating to resettlement.
The Financial Commissioner, Rehabilitation, who is the head of the Rehabilitation Department, is assisted on the Rural side by a Director General, Rehabilitation (Rural).
Applications from persons to whom orders of allotment or lease have issued lie to the Deputy Commissioner or the Additional Deputy Commissioner of the district in which the allotment or lease has been sanctioned. All such applications addressed to the Financial Commissioner or the Director General Rehabilitation (Rural) are to be referred to the Deputy Commissioner or the Additional Deputy Commissioner of the district concerned for report or disposal as may be deemed appropriate. Where an application relates to the record, assessment or valuation of a claim, the Deputy Commissioner or the Additional Deputy Commissioner should ascertain from the Registrar, Land Claims such facts as may be relevant and then proceed to take the necessary action.
Applications for review (a) from displaced sitting allottees win be made to the Deputy Commissioner or Additional Deputy Commissioner of the district in which the applicant was a temporary allottee and (b) for consolidation of blood relations to the Deputy Commissioner or Additional Deputy Commissioner of the district in which consolidation of blood relations was originally requested.
Applications from persons to whom no allotment has been made or applications for correction of clerical errors with regard to the names of the allottees, their fathers' names or caste, in which no adjustments of the allotted area are involved, should be made to the Registrar, Land Claims.
Applications from displaced persons to whom orders have issued but who may not be aware of them, will if received by the Registrar, Land Claims, be referred to the Deputy Commissioner or the Additional Deputy Commissioner concerned.
In Pepsu, Assistant Commissioners, Rehabilitation are incharge of rural rehabilitation work in the districts, while a Director, Rural Rehabilitation, is responsible for the work of the Union as a whole.
13. As has been indicated already, the Deputy Commissioner or the Additional Deputy Commissioner of a district will entertain an application for review from a displaced person in whose favour an allotment or lease has been sanctioned in his district only after the latter has taken possession of land allotted to him. Where, however, the application of this rule is likely to cause great hardship, the Deputy Commissioner or the Additional Deputy Commissioner may in his discretion entertain an application without insisting on prior possession of land.
All applications for review should be accompanied by affidavits of the applicants to the effect that possession of the allotted land has been taken by them or, if possession has not been taken, giving reasons for not taking the possession, and that the facts given in the application are correct to the best knowledge of the applications.
An application for review should be presented in person by the applicant or through an authorised agent. Servicemen may be allowed to send their applications through their Commanding Officers.
14. All applications for review arising from orders of allotment or lease under statements of conditions issued with Notification Nos. 4891|S and 4892|S dated the 8th July, 1949, should be made in duplicate to the Deputy Commissioner or the Additional Deputy Commissioner and the Registrar, Land Claims, as the case may be, before the 30th September, 1950. The duplicate copies need not be stamped. The word, 'duplicate' should be recorded on the top of these copies.
The period of limitation for an application for revision of an order passed on an application for review is 30 days from the date of communication of the order, in all cases, whether the order against which the application is made, has been passed by a Revenue Assistant, a Deputy Commissioner or an Additional Deputy Commissioner, the Registrar, Land Claims, or the Director General Rehabilitation (Rural).
15. The Financial Commissioner Rehabilitation may at any time either on his own motion or on an application call for the record of any case from any authority subordinate to him and pass such orders as he may Hunk fit.
16. Applications for review of an order of allotment or lease will carry a court-fee stamp of one rupee and applications for revision will carry a court-fee stamp of five rupees.
11. Applications relating to allotment and lease of evacuee land fall broadly into six categories :
(a) Those which relate to the record, assessment and valuation of land and rights held in Pakistan by parties, including cases of disputes between parties;
(b) Those pertaining to allocation of areas for the purpose of resettlement and to allotment of villages ;
(c) Those which relate to allotment of fields within an allocated village;
(d) Applications for exchange ;
(e) Applications from persons to whom no allotment has been made or in whose case correction of a clerical error is involved in which no adjustment of allotted area is required ; and
(f) Applications for consolidation of allotment made in different places for want of consolidation of parcha claims of different villages.
Applications relating to claims
category (A)
17. The following procedure shall be followed in respect of applications relating to the record, assessment and valuation of land and rights held in Pakistan by parties including cases of disputes between parties:
(1) The Deputy Commissioner or Additional Deputy Commissioner will pass orders after ascertaining the relevant facts, if necessary, from the Registrar. Land Claims ;
(2) To the extent that an amendment in a claim has an effect on allotment, the necessary adjustment will be made by the Deputy Commissioner or the Additional Deputy Commissioner according to the instructions on the subject. But if there is no available evacuee area in the district within which he can provide additional land according to the amended claim, the Deputy Commissioner or the Additional Deputy Commissioner shall refer for orders to the Director General Rehabilitation (Rural) ;
(3) Applications for amendment of claims which have been correctly assessed and valued according to jamabandis received from West Punjab, shall not be entertained unless they are supported by authentic documents, such as, registered deeds ;
(4) Cases of disputes between parties regarding claims to land abandoned in Pakistan shall be heard by Deputy Commissioners or Additional Deputy Commissioners who may pass orders after obtaining such information or data as is available from the Registrar, Land Claims;
(5) An application for revision will lie before the Director General Rehabilitation (Rural) or such other officer as may be appointed by the East Punjab Government, against order passed on applications in this category by a Deputy Commissioner or an Additional Deputy Commissioner or by the Registrar, Land Claims.
Applications relating to allocation
of areas and allotment of villages Category (B).
18. In dealing with applications relating to allocation of areas and allotment of villages. Deputy Commissioners and Additional Deputy Commissioners should, while examining the facts in the light of the instructions governing allotments, consider whether in the allotment made any substantial injustice has occurred. They may reject applications in which they find that substantial injustice has not occurred. Such rejections will not be open to revision. Cases, in which they consider that substantial injustice has occurred, may be reported by them to the Director General Rehabilitation (Rural), who will pass orders.
An application for revision in this category from an order passed by the Director General Rehabilitation will lie to the Financial Commissioner Rehabilitation, or an officer appointed by him for this purpose.
Applications
for revision of fields Category (C).
19. Applications for revision of fields, which may have been allotted in a village, shall lie to the Revenue Assistant of the district or part of the district in which the village is situated. The following rules dealing with such applications have been laid down :
(1) An application for a complete re-allotment of fields in any village shall lie, if supported by not less than one-half of the allottees of a village holding not less than two-thirds of the evacuee area of the village. Such an application should carry the signature and thumb-impression of each applicant and should be accompanied by an affidavit by each of the applicants;
(2) An application for revision against the orders of a Revenue Assistant shall lie to the Deputy Commissioner or the Additional Deputy Commissioner whose orders will be final;
(3) In other cases where the Deputy Commissioner or the Additional Deputy Commissioner considers that substantial injustice has occurred in the allotment of field numbers in any village, he may, with the concurrence of the Financial Commissioner Rehabilitation, order reallotment of fields amongst the allottees and lessees. This permission will be obtained through the Director General, Rehabilitation (Rural) ;
(4) If for any village a re-allotment of fields has been ordered by competent authority, the Revenue Assistant may pass orders proposing a new scheme of allotment of fields either in accordance with the wishes of the majority of the allottees or in accordance with the principles and procedure of partition cases, whichever may be more feasible. Such re-allotment shall be based on the shares of individual allottees and lessees as stated in standard acres.
Applications
for exchange : Category (D).
20. Displaced persons to whom allotments are made in East Punjab or Pepsu can apply for exchange of land allotted to them against other evacuee land. The statements of conditions issued by the East Punjab Government with Notification Nos: 4891^5 and 4892iS dated the 8th July, 1949 provide ;
" Subject to such condition as may be specified by him, the Custodian or as the case may be, the Rehabilitation Authority may allow the allottee to exchange the whole or any part of the land for other evacuee land in East Punjab or, with the concurrence of the Patiala and East Punjab States Union, in the territories comprised in the Union."
Corresponding provision is made in the statements of conditions applicable to allotments in Pepsu.
The condition stated above covers (1) cases of exchange between allottees by mutual agreement, and (2) cases of exchange between land allotted to an individual and unallotted land lying Rt the disix)sal of the Custodian. Applications falling in the second category will be dealt with on merits. As regards applications in the first category, the following instructions have been laid down :
(1) Applications for mutual exchange within a village shall be addressed to the Tehsildar of the tehsil in which the village is situated ; and he will pass the necessary orders ;
(2) Applications for mutual exchange within a district shall be addressed to the Revenue Assistant of the district in which the village is situated and the Revenue Assistant will pass the orders;
(3) Applications for mutual exchange between two districts of East Punjab or between two districts of Pepsu, shall be addressed to the Director General Rehabilitation (Rural) or the Director Rural Rehabilitation, Pepsu as the case may be who will pass the necessary orders ;
(4) In cases of applications for mutual exchange between a district of East Punjab and a district of Pepsu the Director General Rehabilitation (Rural) East Punjab and the Director, Rural Rehabilitation, Pepsu will pass orders after consultation with each other.
(5) Application for exchange between land allotted to an individual and unallotted land lying at the disposal of the Custodian will be addressed to the Deputy Commissioner of Additional Deputy Commissioner of the district if the villagers in which the land is situated lie within the same district, and to the Director-General Rehabilitation (Rural), if the villages are situated in different districts of Punjab.
In case the land wanted in exchange lies in a district of Pepsu the applications for exchange should in the first instance be made to the Director-General Rehabilitation (Rural) Punjab. The Director -General Rehabilitation (Rural) Punjab and the Director Rural Rehabilitation Pepsu will pass orders on such cases after consultation with each other.
Similarly, applicants
to whom land has been allotted in Pepsu and who desire land in exchange in East Punjab should apply
in the first instance to the Director, Rural Rehabilitation, Pepsu. The
Director Rural Rehabilitation Pepsu and The Director Rehabilitation (Rural)
East Punjab will pass orders on such cases after consultation with each other.
Applications from persons to whom no allotment has been made or applications for correction of errors : Category (E)
21. The Registrar, Land Claims will pass orders after ascertaining the relevant facts from the record. Orders regarding allotment of land to persons in whose favour no allotments have at all been previously made, will be communicated to the Deputy Commissioner or Additional Deputy Commissioner, of the area of allocation or sub-allocation as the case may be for necessary adjustments of allotment and the orders regarding clerical errors will also be communicated to them for correction of relevant resettlement record. But if there is not available evacuee area in the allocation and sub-allocation areas concern for adjustments of any unsatisfied claims, the Register, Land Claims, shall refer for order to the Director-General Rehabilitation (Rural).
Applications for consolidation of
allocation : Category (F)
22. Application for consolidation of allotments made to any allottee in different districts of East Punjab or in East Punjab and Pepsu without consolidation of Parcha claims for different villages may be made to the Director General, Rehabilitation (Rural), Punjab Jullundur.
Applications for consolidation of allotments made to an allottee in different villages in the same district without the consolidation of parcha claims for different villages will be made to the Deputy Commissioner or the Additional Deputy Commissioner of the district.
23. The statements of conditions governing allotments and leases of evacuee land in East Punjab and Pepsu contain the following provision:
"The Custodian or as the case may be, the Rehabilitation Authority shall be competent to resume, amend, withdraw or cancel the allotment please on any one of the following grounds :—
(a) That it is contrary to the orders of the East Punjab Government or the instructions of the Financial Commissioner, Rehabilitation, or of the Custodian Evacuee Property, East Punjab;
(b) The lessee allottee has infringed or appears to be preparing to infringe, any of the terms of the lease: allotment;
c) The allotment lease was obtained by false declaration or insufficient information ;
(d) The area allotted leased or occupied by the allottee lessee is more or less than he was authorised to take on lease or occupy under the instructions issued by the East Punjab Government or the Financial Commissioner, Rehabilitation, or the Custodian, Evacuee Property, East Punjab;
(e) Where the claims of other parties with respect to the land have been established or accepted by the Custodian or the Rehabilitation Authority;
(f) When the allottee lessee has been convicted of an offence under the Act; or
(g) If the allottee lessee fails to take possession of the land within the time mentioned in clause 4 (b) above or within such further time as he may be allowed by the Custodian or the Rehabilitation Authority, or after having taken possession, fails to cultivate the land or a part thereof."
In accordance with these conditions the Deputy Commissioner or the Additional Deputy Commissioner of a district may take such action to remove the abuse as may be called for, at any time.
RECORDS
Scope of the
Chapter.
At the end of the land resettlement operations it is necessary to organise a Central Record Room as well as Records Sections in the districts. The Central Record will comprise the claims submitted by displaced persons and papers connected therewith, jamabandis received from West Punjab and certain documents connected with resettlement in individual villages. The record section in the districts will contain resettlement files regarding individual villages. The procedure and records to be maintained by the Patwaris have also to be outlined.
2. For each village of Western Pakistan for which any claims have been received or for which other information and data is available, a village claims file has to be maintained. Each file will carry a file number consisting of the classification number adopted for a tehsil and the hadbast number of the village for instance. MLJ|45, DG2|77, GJ3|157, indicating villages with hadbast Nos. 45, 77, 157 of tehsils Multan, Sanghar, Phalia in districts Multan, Dera Ghazi Khan and Gujrat respectively. The claims file of any village will comprise the following papers, which should be entered in an index in the form commonly adopted :
1. Fehrist Assamiwar (list of claimants) :
2. Claims from displaced persons ;
3. Parcha tasdiq ("verification statement) ;
4. Chhant Jamabandi (abstract of jamabondl) :
5. Fehrist Davedaran (summarising information regarding total areas abandoned, in ordinary acres and standard acres and net allotment in standard acres.
6. Parcha claims of parties in whose favour no allotment or lease has been sanctioned, because no land was due to them.
7. Chhant Parchajat claims (Totalling statements of area and rights columns in parcha claim including areas finally assessed and values thereof) :
8. Parcha, darjabnndi (Statement of distribution of holding) :
9. Fehrist ijra (Statement showing action taken in respect of each allotment including possession and subsequent orders.
Village claims files contain certain papers prepared in May, 1948 on the basis of claims and also papers prepared prior to work done on jamabandis for making provisional estimates of area abandoned. All these papers should be put together in a folder and kept below the main claims file for each village.
3. Jnmabandis received from West Punjab are maintained in the Central Record. Strict instructions regarding the manner in which these jamabandis are to be used are necessary. They shall be maintained in the samp manner as standing record of rights is maintained in the districts. They shall not be issued outside the record room.
Central
Record to serve both East Punjab and Pepsu.
4. The Central Record in the Land Claims Office will serve displaced persons settled in the East Punjab-Pepsu Region. The Land Claims Office will maintain liaison with district offices in both territories.
Resettlernent files in the Central Record.
5. For each village in East Punjab and Pepsu in which there is any evacuee land a resettlement file is maintained. In the Central Record only the following papers are required :—
1. Tariqa taqsim,
2. List of allottees;
3. Parcha claims of all persons to whom land has been allotted or leased in the village ; and
4. Lists of khasra numbers allotted to each individual allottee or lessee.
These sets of papers contain all the papers which go into the making of allotment orders and the Copying Agency of the Land Claims Office can supply copies on applications.
Completion of records.
6. Because of constant handling a large number of parcha claims and lists of claimants mentioned at No. (5) in paragraph 2 (fehrists davedaran) are in poor condition. Fresh copies of the fehrists davedaran should be prepared and kept on the claims files. Copies of the parcha claims are required for the village resettlement files to be maintained at district headquarters and wherever the original parcha claims are torn or otherwise in poor condition, duplicate copies should be prepared for the Central Record.
Resettlement
Files In Districts
7. At the headquarters of each district in East Punjab and Pepsu a resettlement file for each village in which there is evacuee area should be maintained. The file should be duly indexed and should contain the following papers;—
(1) Statement of evacuee area (prepared in March, 1948) ;
(2) Statement of evacuee area prepared from khasrawise lists (completed in February, 1949) ;
(3) List of temporary allottees ;
(4) List of khasra numbers of evacuee land ;
(5) Village resettlement statement (prepared in October, 48) ;
(6) Village inspection note ;
(7) List of allottees and lessees (under statements of conditions issued with East Punjab Government notification conditions Nos. 4891|S and 4892 |S dated the 8th July, 1949) ;
(8) Hukam tariqa taqsim (order pertaining to the mode of allotted khasra numbers);
(9) Sketch map, if any;
(10) Lists of khasra numbers given to individual allottees and lessees (parcha numbran khasra) ;
(11) Copies of parcha claims of all persons to whom land has been allotted or leased in the village ;
(12) Applications relating to resettlement in the village ;
(13 Yadasht dakhal (action following allotment including possession and subsequent orders).
These papers should be arranged in four files. File No. 1 will contain papers listed at Nos. 1 to 9, file No. II papers at Nos. 10, file No. III papers at No. 11 and file No. IV papers at Nos. 12 and 13.
8. The facilities for maintaining the record at the headquarters of each district should be examined and improved, if need be, since the maintenance of the record at the district headquarters under conditions of due care and protection for ready reference and for meeting the demand for copies is essential.
9. During the period of temporary allotment preceding quasi-permanent resettlement, the village patwari maintained a temporary allotment register and a house-hold register for each village. These registers will be discontinued after Rabi, 1950. Since partition, in the jamabandis evacuee land has continued to be in the names of the evacuee holders. Until questions relating to evacuee property have been finally settled between India and Pakistan, entries in jamabandis relating to evacuee land will remain unchanged. Arrangements consequent upon quasi-permanent allotment will be recorded by means of a new register to be maintained for each evacuee village in East Punjab and Pepsu described as fard taqsim arazi matruka (register of distribution of evacuee land). By virtue of a notification under section 32 of the Punjab Land Revenue Act, 1887 to be issued by the Governments of East Punjab and of Pepsu, until it is replaced by new Jamabandis, in respect of evacuee land, the fard taqsim will have the status of the record of rights. The procedure outlined on the subject of the record of rights in chapter 7 of the Punjab Land Records Manual will apply to the preparation of the fard taqsim and to amendments therein on all matters not specifically mentioned in this chapter.
10. Since the fard taqsim is a record of holdings and rights arising from or subsequent to quasi-permanent allotment, every entry in it should be based on a specific mutation. Since, however, the intrinsic ownership of land continues to vest in evacuees and, in any event, the task of recording separate mutations for every order of allotment or lease within a short period is of an impossible magnitude, it has been decided to make the initial entries in the fard taqsim directly from the order of allotment or lease and the Patwari's copy of the parcha numbran hhasra (list of fields allotted to an individual). No change in the fard taqsim will. however, be made without a mutation. In this respect the procedure applicable to entries in jamabandis will apply wholly to entries in the fard taqsim. Changes, which are not made in jamabandi without a mutation, will also not be made in the fard taqsim without a mutation.
11. The principal instructions for filling columns of the fard taqsim are given below :—
Col.1—SeriaI
No:
The serial number takes the place of the khewat number in the Jamabandi. In giving the serial number to an allotment in the initial preparation of the fard taqsim the Patwari should follow the allotment number. The allotment number of an order of allotment or lease is usually written as HS|1|45|11 or AB l|37|5, meaning that these allotment numbers refer to allottees listed as No. 11 and No. 5 in villages carrying hadbast numbers 45 and 37 in tehsils Hissar and Ambala respectively. The serial number of an individual in the village allottees' list goes into his allotment order. This serial number is maintained in column 1 of the fard taqsim.
Where the possession of the area allotted to an individual passes in whole or in part to another displaced person in virtue of a mortgage with possession in Pakistan, the serial number in the last portion of the allotment number of the allottee is shown, for instance as 5 or 9 or 13 and of the mortgage as 5 1, 9 1 & 13 1. If against the same allotment there are three mortgagees and the allotment has the serial number 7, the mortgagees carry the serial number 7|1, 7|2, and 7|3.
Where the possession of the entire area of an allottee has to pass to a mortgagee, the field numbers shown in the order of allotment against the allottee become automatically the field numbers of the mortgagee. In this case the allottee and the mortgagee will have the same serial number in the fard taqsim. Where, possession of a part of the holding of an allottee has to pass to mortgagees, the fields due to the mortgagees are to be specified at site that is at the time of possession. The entry in the fard taqsim will, in the first instance, be in favour of the allottee and mention will be made, as explained below, of the mortagagees. At a later stage after the mortagagees fields have been demarcated, fresh entries will be made in their favour under their own serial numbers in the manner described above in the next annual copy of the fard taqsim. If khasra numbers have been demarcated for the mortgagees before the preparation of the first copy of the fard taqsim, their serial numbers will be given in this column in the very first copy in the manner described above.
It should be ensured that all unallotted (baqaya) evacuee area under all hinds of evacuee rights as they stood on 15th August 1947, except mere non-occupancy rights, is recorded in the fard taqsim arazimatruka against the last serial number.
At the end of the last serial number of allotted area, the grand total of the allotted area should be given and at the end of the fard taqsim, in addition to the grand total of the village, totals of all the three categories i.e. of the allotted area, reserved area, and baqaya area should be given both in ordinary acres, with details of kind of soil, as well as In standard acres and units.
Column 2—Allotment order number.
Number of the allotment order issued in favour of an individual or individuals, as the case may be, should be entered in this column e.g. HS.1|45|11 or A.B.1|37|5.
Column 3—Khatauni number.
Khatauni number should be given in seriatim independently of the serial number recorded in column no. 1. A single khatauni number will be given to an allottee, whose land is not mortgaged. Where land of an allottee is mortgaged with more than one mortgagee, separate khfttauni number will be given to the holding of each mortgagee. In the last two serial numbers in the fard taqsim, pertaining to the reserved area and unallotted baqaya evacuee area, the khatauni number should be given in the following manner ;—
(a) In the case of reserved area, separate khatauni number should be given to the holding of each allottee under reserve category;
(b) Against the last serial number of baqaya evacuee area, khatauni number should be given to the entries pertaining to each khewat or khatauni of the last jamabandi, as the case may be, or as may be necessary. For instance seven evacuee holdings in a village are mortgaged with possession with seven different local residents and the area has been excluded from quasi permanent allotment, separate khatauni numbers should be given to each holding, which shall, however, form part of one single serial number pertaining to baqaya evacuee land, similarly land individually held by more than one Muslim ins-- titution, which has been excluded from quasi permanent allotment, should be recorded in the fard taqsim under separate khatauni numbers.
Column 4—Name and particulars of allottee.
The name and particulars of an individual in whose favour an order Of allotment or lease is passed under statements of conditions issued with Notification Nos: 4892 |S and 489| IS dated the 8th July. 1949 or the corresponding notification in Pepsu will bo entered in this column.
Column 5—Area in standard acres.
In this column will be shown the area in standard acres and units allotted to an individual. Area allotted under statement of conditions issued with Notification No. 4892 |S dated the 8th July, 1949, in East Punjab or under Notification No. 9R dated the 23rd July. 1949 in Pepsu, will be described briefly in this chapter as mustaqil and area allotted under Notification No. 4891 S dated the 8th July, 1949 in East Punjab and Notification No. 8R dated the 23rd July. 1949, in Pepsu will be described in this column as arzi. Area shown in the order of allotment or lease as "reserve" will be shown accordingly in this column but the fields shown against any individual in the fard taqsim will comprise only the area allotted by way of quasi-permanent and temporary allotment. (mustaqil and arzi). A covering note to this effect will be given on the first page of the fard taqsim. There will be two entries at the end of the fard taqsim, one for the reserved area and the second for the baqaya (unallotted) evacuee land. Against the serial number of the reserved area, in column 3 the entry will be raqba reserve shudah and in column 4, the names of individuals in whose favour area is reserved and the area reserved in each case will be indicated in standard acres and units- Reference shall be made to each individual's original serial number entered in column 1. Similarly, in column 4, the area in standard acres and units of which possession has to pass to a mortgagee will also be indicated along with the name and particulars of the mortgagee.
Column 6—Name and particulars of the
cultivator.
This column will be left blank in the first instance but in the next annual fard taqsim entries in this column will be made according to the instructions applicable to the relevant column in the jamabandi.
It will not, however, be left blank in the case of baqaya evacuee area and entries will be made in this column in the case of last serial number in the fard taqsim in accordance with the relevant entries in the last jamabandi and khasra girdawri for rabi 1947.
This column should be filled according to the instructions applicable to the relevant column in the jamabandi. In case any uncultivated fields are situated within the chakbandi limits of a canal irrigation channel, care should be taken that the particulars of that channel are correctly recorded in this column against each field number.
Column 8—Khewat number of last jamabandi.
The object of this column is to link up the khasra numbers shown in the fard taqsim with the last jamabandi. In allotting fields to displaced persons no regard has been paid to the khewats to which particular fields belonged. For various reasons it is necessary to be able to link the allotted fields with the original khewats. In the first instance, in making entries in the fard taqsim this column may be left blank. Before, however, filing the sadar copy of the fard taqsim for the first time in the tahsil, steps should be taken to complete this column both in 'parat sarkar' and 'parat patwar.'
Column 9—Class of rights allotted.
This column will record briefly the class of rights described in the jamabandi against the fields allotted to an individual, for instance, occupancy tenancy under section 5 of the Punjab Tenancy Act, superior ownership, interior ownership, rights of ownership under occupancy rights of a local resident or vice versa etc.,
Column 10—Khasra number or rectangle number or killa no.
Column 11—Area of each field, total area of khata with classification of land etc.
Column 12—Rent
Column 13—Share or local measure of holding and mode of assessment
Column 14—Land revenue demand.
These columns are to be completed according to instructions applicable to the relevant columns in the Jamabandi. In the case of split fields, in the first fard taqsim the expression min with the area allotted will be used. But in the next annual Sard taqsim the prescribed procedure for tatima shajras and amended field numbers will be followed. In column No. 11 kind of soil shall be entered according to the entries of khasra girdawri for rabi 1947 read with the standing record of rights. For instance if the kind of soil entered in the khasra girdawri in rabi 1947 is barani, while in the misl-i-haqiyat or the last jamabandi it is entered as barani awal, the entry in this column will be barani awal.
Column 15—Date of order of allotment or
amendment.
In this column will be recorded the date of the original allotment order or lease or dates of such subsequent orders as may be issued amending the original order.
Column 16—Date of possession.
The date on which an allottee or lessee takes possession of land allotted or leased to him will be recorded in this column. This date will follow the entry in the Patwari's roznamcha.
Column 17—Remarks.
This column will be utilised in the same manner as the corresponding column in the jamabandi. In allotting fields no regard has been paid to the patti or taraf as a sub-division of the estate. In villages containing both evacuee and non-evacuee land, for the collection of land revenue and certain other matters, it may be necessary to indicate the patti or taraf to which the fields allotted to an individual belong. In such cases, the necessary note may be given in the remarks column.
Other
papers to be appended with fard taqsim arazi matruka.
12. Index fard taqsim arazi matruka, shajra nasb of allottees, index radifwar of allottees and mortgagees, index numberan khasra and parcha tasdiq akhir regarding each evacuee village shall be prepared in accordance with the instructions for the preparation of similar documents to be appended with the misl-i-haqiyat and appended with fard taqsim arazi matruka.
Jamabandis
of wholly evacuee villages.
13. Quadrennial copies of the jamabandi of wholly evacuee villages need not be prepared until fard taqsim arazi matruka, for such villages are replaced by jamabandis according to the instructions in para 9 of the Chapter.
14. For villages in which part of the land was held by evacuees and partly by locals, quadrennial copies of jamabandis shall be prepared in addition to the fard taqsim arazi matruka.
As already stated in para 9 of this chapter entries in Jamabandis relating to evacuee land in each khewat will remain unchanged. However, entries with regard to allottees of evacuee land will be added in the following manner. -When the existing entries in a khewat are :—
Hindi
and the share of Nabi Bakhsh and Ghulam Mohd. has been allotted to two different allottees, their shares in this khewat shall be carefully calculated and entered in the Jamabandis as: —
Hindi
The share of each allottee in a khewat of the jamabandi shall tally with the share entered in column No. 11 of fard taqsim arazi matnika against relevant khasra numbers.
Entries
in the khasra girdawri.
15. In khasra girdawri pertaining to wholly evacuee villages reference shall be made, wherever necessary, to the relevant serial number of Sard taqsim arasi matruka- In the khasra girdawri of mixed villages reference shall be made to the relevant khewat of the jamanbandi
16. Mutations in respect of evacuee land will be incorporated as stated earlier, in the fard taqsim for wholly evacuee villages and both in the jamanbandi and fard taqsim for mixed villages but the same register of mutations will be used both for evacuee land and non-evacuee land. In this register, in referring to evacuee land, khewat number of the jamanbandi will be mentioned, wherever necessary, in addition to the serial number of the fard taqsim.
17. Even where a displaced landholder in whose name land stands in the records received from West Punjab has died, the allotment is made in the name of the deceased. In the fard taqsim, therefore, the entry will be in the name of the deceased landholder. Possession is ordinarily given to the heirs but there must be regular mutation proceedings before the entry in column 3 of the fard taqsim is altered in favour of the heirs.