4. Exclusion of certain land form operation of Act : - (1) Except so for as may be necessary for the record, recovery and administration of village cesses, nothing in this Act applies to land which is occupied as the site of a ²[ * * ] village and is not assessed to land revenue.

(2) A Revenue-officer may define, for the purposes of this Act the limits of ³[ the site of a village ] :

⁴[ Explanation : - For the purposes of this section a site within the limit of a municipality or a notified area shall not be deemed to be the site of a village.]

⁵5. Power to vary limit and alter number of tehsils, districts and divisions : - The ⁶[ State ] Government may, by notification, vary the limits and alter the numbers of tahsils, districts and divisions into which the ⁷[ State ] is divided.]

CHAPTER II

REVENUE-OFFICERS

6. Classes and Powers - (1) There shall be the following classes of Revenue-officers, namely : -

(a) the Financial Commissioner ;

(b) the Commissioner ;

© the Collector;

(d) the Assistant Collector of the first grade;

and

(e) the Assistant Collector of the second grade.

¹Clause (19), inserted by Act 3 of 1928.

²The words, “town or” omitted by Act 9 of 1958, section 3.

³Substituted for the words “any such land” by Act 9 of 1958, section 3.

⁴Explanation added by ibid.

⁵Substituted for the old section by the Government of India (Adaptation of Indian Laws) Order, 1937.

⁶Substituted for “Provisional” by Adaptation of Laws Order, 1950.

⁷Substituted for “Province” by ibid.

(1) The Deputy Commissioner of a district shall be the Collector thereof.

(2) The ¹[ State Government ] may appoint any Assistant Commissioner, Extra Assistant Commissioner or Tehsildar to be an Assistant Collector of the first or of the second grade, as it thinks fit, and any Naib-Tehsildar to be an Assistant Collector of the second grade. *

(3) Appointment under sub-section (3) shall be by notification and may be of a person specially by name or by virtue of his office or of more persons than one by any description sufficient for their identification.

(4) Subject to the provisions of this Act, the jurisdiction of the Financial Commissioner extends to the whole of the territories * 2 * * administrated by he ¹[State Government ] of Punjab and of Commissioners and of Collectors and Assistant Collectors to the divisions and districts, respectively, in which they are for the time being employed.

7. Financial Commissioner : - (1) There shall be one or more Financial Commissioners, who shall be appointed ³ * * ⁴ * * * * by the [State Government ].

¹Substituted for the words “Local Government” by the Government if India (Adaptation of Indian Laws) Order, 1937.

* Vide Punjab Government Notification No. 731, dated 1^st November , 1887, all Assistant Commissioners and Extra Assistant Commissioners who have not been invested with the power of the Assistant Collector of the first grade have been appointed Assistant Collectors of second grade, and,--vide Punjab Government Notification No. 730, of the same date, all Tahsildars and Naib-Tahsildars have been appointed Assistant Collectors of the second grade.

See also Punjab Government Notification No. 684, dated the 18^th September, 1893, appointing all Assistant Commissioners and Extra Assistant Commissioners, who have been invested with the powers of a Magistrate of the first or second class under the Criminal Procedure Code and also with powers of a Munsif of the first or second class under the Punjab Courts Act as |Assistant Collectors of the first grade.

²The words “for the time being” were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.

³The words “and may be removed” were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.

⁴The words “with the previous sanction of he Governor –General in Council were repealed by the Decentralization” Act, 1914, 4 of 1914).

(2) Where more Financial Commissioners than one have been appointed, the ¹[State Government] may make rules² as to the distribution among them of business under this or any other Act, and by those rules require any case or class or classes of cases to be considered and disposed of by the Financial Commissioners collectively.

(3) When there is a difference of opinion among the Financial Commissioners as to any decree or order to be made in a case which they are required by rules under the last foregoing sub-section to consider, and dispose of collectively, the following rules shall apply, namely : -

(a) Where the case is an appeal or a case on review or revision, it shall be decided in accordance with the opinion of the majority of the Financial Commissioners, or if there is no such majority which concurs in a decision modifying or reversing the decree or order under appeal, review or revision , that decree or order shall be affirmed; and

(b) Where the case is not an appeal or a case on review or revision, the matter respecting which there is the difference of opinion shall be referred to the ¹[State Government] for decision and the decision of that Government with respect thereto shall be final.

(4) The expression “Financial Commissioner” in this or any other Act shall, when there are more Financial Commissioners than one , be construed as meaning one or more of the Financial Commissioners as the rules for the time being in force under sub-section (2) may require.

XVII of 1884 : -

(5) The second Financial Commissioner appointed under section 52 of the ³Punjab Courts Act, 1884 shall be deemed to have had jurisdiction on and

¹Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, and the Adaptation of Laws Order, 1950.

²For rules under S. 7(2) , see Notification No. 132, Punjab Gazette, Extraordinarily, 1^st March, 1888, p. 1.

³See now the Punjab Courts Act, 1918 (Punjab Act 6 of 1918).

After the first day of November , 1884, to make, any decree or order or dispose of any other business which might have been made or disposed of by the other Financial Commissioner.

8. Appointment of Commissioners, and of Deputy, Assistant and Extra Assistant Commissioners - Commissioners, Deputy Commissioners, Assistant Commissioners and Extra Assistant Commissioners shall be appointed ¹ * * * by the ²[ State Government].

9. Appointment of Tahsildars and Naib-Tahsildars : - The ²[State Government] shall fix the number of Tahsildars and Naib-Tahsildars to be appointed ³ * * * * .

⁴10. Powers of Revenue-officers : - Except where the class of the Revenue-officer by whom any function is to be discharged is specified in this Act, the ²[State Government ] may, by notification determine the functions to be discharged under this Act by any class of Revenue-officers.

Administrative Control

⁵11. Superintendence and control of Revenue-officers : - (1) The Financial Commissioner shall subject to the control of the ²[State Government].

(2) The general superintendence and control over all other Revenue –officers shall be vested in , and all such officers shall be subordinate to the Financial Commissioner.

(3) Subject to the general superintendence and control of the Financial Commissioner, a Commissioner shall control all other Revenue-officers in his division.

¹The words “and may be removed” were omitted by the Government of India (Adaptation of Indian Laws ) Order, 1937

²Substituted for the words “ Local Government’ by the Government of India (Adaptation of Indian Laws ) Order, 1937, and the Adaptation of Laws Order, 1950.

³The words “and the Financial Commissioner may make rules for their appointment and removal” were omitted by the Government of India (Adaptation of Indian Laws ) Order, 1937.

⁴For directions S. 10, see Notification No. 81, Punjab Gazette, Extraordinary, 1^st March, 1888, p, 93.

⁵For rules under S. 11(1), see Notification No. 132, , Punjab Gazette, Extraordinary, 1^st March, 1886, p. 1.

(4) Subject as aforesaid and to the control of the Commissioner, a Collector shall control all other Revenue-officers in his district.

12. Power to distribute business and withdraw and transfer cases: - (1) The Financial Commissioner or a Commissioner or Collector may by written order distribute, in such manner as he thinks fit, any business cognizable by any Revenue-officer under his control.

(2) The Financial Commissioner or a Commissioner or Collector may withdraw any case pending before any Revenue-officer under his control, and either dispose of it himself, or by written order refer it for disposal to any other Revenue-officer under his control.

(3) An order under sub-section (1) or sub-section (2) shall not empower any officer to exercise any powers or deal with any business which he would not be competent to exercise or deal with within the local limits of his own Jurisdiction.

Appeal, Review and Revision

13. Appeals: -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 Collector of either grade;

(b) to the Commissioner when the order is made by a Collector;

(c) to the Financial Commissioner when the order is made by a Commissioner:

Provided that--

(i) when an original order is confirmed on 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 Commissioner on further appeal, if any, to him shall be final.

14. Limitation for Appeals: -Save as otherwise provided by this Act, the period of limitation for an appeal under the last foregoing section shall run from the date of the order appealed against, and shall be as follows that is to say--

(a) when the appeals lies to the Collector—thirty days;

(b) when the appeal lies to the Commissioner—sixty days;

(c) when the appeal lies to the Financial Commissioner—ninety days;

15. Review by Revenue-officers: - (1) A Revenue-officer may, either of his own motion or on the application of any party interested, review, and on so reviewing modify, reverse or confirm, any order passed by himself or by any of his predecessors in office :

Provided as follows: -

(a) when a Commissioner or Collector thinks it necessary to review any order which he has not himself passed, and when a Revenue-officer of a class below that of Collector proposes to review any order whither passed by himself or by any of his predecessors in office, he shall first obtain the sanction of the Revenue-officer to whose control he is immediately subject ;

(b) an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order, or unless the applicant satisfies the Revenue-officer that he had sufficient cause for not making the application within that period ;

(c) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of the order ;

(d) an order against which an appeal has been preferred shall not be reviewed.

(2) For the purposes of this section, the Collector shall be deemed to be the successor in office of any Revenue-officer of a lower class who has left the district or has ceased to exercise powers as Revenue-officer, and to whom there is no successor in office.

(3) An appeal shall not lie from an order refusing to review or confirming on review a previous order.

16. Power to call for examine and revise proceedings of Revenue-officers : -(1) The Financial Commissioner may at any time call for the record of any case pending before, or disposed by, any Revenue –officer subordinate to him.

(2) A Commissioner or Collector may call for the record of any case pending before, or disposed of by, any Revenue officer under his control.

(3) If in any case in which a Commissioner or Collector has called for a record he is of opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the Financial Commissioner.

(4) The Financial Commissioner may in any case called for by himself under sub-section (1) or reported to him under sub-section (3) pass such order as he thinks fit :

Provided that he shall not under this section pass an order reversing or modifying any proceeding or order of a subordinate Revenue-officer and affecting any question of right between private persons without giving those persons an opportunity of being heard.

Procedure

17. Power to make rules as to procedure: - ¹(1) The ²[State Government] may make rules consistent with this Act for regulating the procedure of Revenue-officer under this Act in cases in which a procedure is not prescribed by this Act.

¹For rules under S. 17(1), see Notification No. 75, Punjab Gazette, Extraordinary, 1^st March, 1888, p. 51, Notification No. 235, Punjab Gazette, Extraordinary, dated 25 May, 1901; p. 4.

²Subsituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, and the Adaptation of Laws Order, 1950.

(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment from, and delivery of possession of, immovable property, to contempts, resistance and the like which a Civil and rules providing for these matters may confer on a Revenue-officer all or any of the powers in regard Court may exercise in the execution of a decree where-by it has adjudged ejectment from, or delivery of possession of, such property.

(3) Subject to the rules under this section a Revenue-officer may refer any case which he is empowered to dispose of under this Act to another Revenue-officer for investigation and report, and may decide the case upon the report.

18. Persons by whom appearances and applications may be made before and to Revenue-officers: -(1) Appearances before a Revenue-officer, and applications to and acts to be done before him, under this Act may be made or done--

(a) by the parties themselves; or

(b) by their recognized agents or a legal practitioner :

Provided that the employment of a recognized agent or legal practitioners shall not excuse the personal attendance of a party to any proceeding in any case in which personal attendance is specially required by an order of the officer.

(2) For the purposes of sub-section (1), recognized agents shall be such as the ¹[State Government]may by notification declare in this behalf.

(3) The fees of a legal pracitioner shall not be allowed as costs in any proceedings before a Revenue-officer under this Act unless that officer considers, for reasons to be recorded by him in writing, that the fees should be allowed.

¹Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, and the Adaptation of Laws Order, 1950.

19. Power of Revenue officer to summon persons: - (1) A Revenue-officer may summon any person whose attendance he considers necessary for the purpose of any business before him as a Revenue-officer.

(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person, or, if the summons so allows, by his recognized agent or a legal practitioner.

(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as the Revenue-officer may require.

20. Mode of service of summons: - (1) A summons issued by a Revenue-officer shall, if practicable, be served (a) personally on the person to whom it is addressed or failing him (b) his recognized agent or (c) an adult male member of his family usually residing with him.

(2) If service cannot be so made, or if acceptance of service so made is refused, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or if that person does not reside in the district in which the summons relates has reference to land in that district, then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situate.

(3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the Revenue-officer so directs, be served by delivery of a copy thereof to such of those persons as the Revenue-officer nominates in this behalf and by proclamation of the contents thereof for the information of the other persons interested.

XIV of 1866: -

(4) A summons may, if the Revenue-officer so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to the person and registered under Part III of the Indian Post Office Act, 1866¹.

(5) When a summons is so forwarded in a letter, and it is proved that the letter was properly addressed and duly posted and registered, the Revenue-officer may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post.

21. Mode of service of notice, order of proclamation, or copy thereof: - A notice, order of proclamation or copy of any such document, issued by a Revenue-officer for service on any person shall be served in the manner provided in the last foregoing section for the service of a summons.

22. Mode of making proclamation: -When a proclamation relating to any land is issued by a Revenue-officer, it shall, in addition to any other mode of publication which may be prescribed in any provisions of this Act, be made by beat of drum or other customary method, and by posting of a copy thereof on a conspicuous place in or near the land to which it relates.

Supplemental Provision

23. Place of Sitting: -(1) An Assistant Collector may exercise his powers under this Act at any place within the limits of the district in which he is employed.

(2) Any other Revenue-officer may only exercise his powers under this Act within the local limits of his jurisdiction.

¹See new Chapter VI of the Indian Post Office Act, 1898 (6 of 1898).

24. Holiday: - (1) The Financial Commissioner, with the approval of the ¹[State Government], shall publish in the ²[Official Gazette], before the commencement of each calendar year a list of days to be observed in that year as holidays by all or any Revenue-officers.

(2) A proceeding had before a Revenue-officer on a day specified in the list as a day to be observed by him as a holiday shall not be invalid by reasons only of its having been had on that day.

25. Discharge of duties of Collector dying or being disabled: - When a Collector dies or is disabled from performing his duties, the officer who succeeds temporarily to the chief executive administration of the district under any orders which may be generally or specially issued by the ¹[ State Government ] in this behalf shall be deemed to be a Collector under this Act.

26. Retention of powers by Revenue-officers on transfer: -When a Revenue-officer of any class who has been invested under the foregoing provisions of this Act with any powers to be exercised in any local area is transferred from that local area to another as a Revenue-officer of the same or a higher class, he shall continue to exercise those powers in that local area unless the ¹[State Government] otherwise directs or has otherwise directed.

27. Conferment of powers by Revenue-officer : - (1) The ¹[State Government] may by notification confer on any person --

(a) all or any of the powers of a Financial Commissioner, Commissioner or Collector under this Act ; or

(b) all or any of the powers with which an Assistant Collector may be invested there under and may by notification withdraw any powers so conferred.

¹Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937. and the Adaptation of Laws Order, 1950.

²Substituted for the words “Local Official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937.

(2) A person on whom powers are conferred under sub-section (1) shall exercise those powers within such local limits and in such classes of cases as the ¹[State Government] may direct, and, except as otherwise directed by the ¹[State Government], shall for all purposes connected with the exercise thereof deemed to be a Financial Commissioner, Commissioner, Collector or Assistant Collector, as the case may be.

(3) In any of the powers of a Collector under this Act are conferred on an Assistant Collector , they shall, unless the ¹[State Government] by special order otherwise directs , be exercised by him subject to the control of the Collector.

CHAPTER III

KANUNGOS, ZAILDARS, INAMDARS AND

VILLAGEO-OFFICERS

²28. Rules respecting Kanungos, and village-officers : - (1) The ³[State Government] may make rules to regulate appointments, duties, emoluments, punishment, suspension and removal of kanungos, ⁴[ * * * * ⁴[ * * ¹ * *] and village-officers.

⁵[ (2) * * * * * *]

⁶[29. Village-officers cess : - (1) The ³[State Government] may , by notification, impose on all or any estates in territories for the time being administered by it a cess , to be called the village-officers’ cess, at such rate or rates not exceeding ⁷[half an Anna] for every rupee of the annual value as it may think fit, for remunerating ¹[headmen and chief headmen] in those territories and defraying other expenditure directly connected with the supervision of those officers or with the performance of their duties.

¹Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, and the Adaptation of Laws Order, 1950.

²For rules see infra.

³Substituted for the words “Financial Commissioner” by the Government of India (Adaptation of Indian Laws) Order, 1937, and the Adaptation of Laws Order, 1950.

⁴The words “Zaildars, inamdars” omitted by Punjab Act 27of 1964, section 3.

⁵Firstly sub-section (2) of section 28 was substituted by Act 17 of 1896 and now omitted by Punjab Act No. 27 of 1964, section 3.

⁶Substituted by Act 17 of 1896, section 2.

⁷These words were substituted for the words “one anna” by the Repealing and Amending (Rates and cesses) Act, 1907 (4 of 1907).

(2) ‘Annual value’ in sub-section (1) has the meaning assigned to that expression in the Punjab District Board Act, 1883, that is to say:-

(a) double the land-revenue for the time being assessed on any land, weather the assessment is leviable or not; or

(b) where, the land-revenue has been permanently assessed or has been wholly or in part compounded for or redeemed, double the amount which, but for such permanent assessment, composition or redemption would have been leviable; or

(c) where no land-revenue has been assessed double the amount which would have been assessed, if the average village-rate had been applied :

Provided that, in any tract in which, under the settlement for the time being in force, the improvement of the land due to canal irrigation has been excluded from account in assessing the land-revenue, and a rate has been imposed in respect of such improvement, that rate shall be added to the land-revenue for the purpose of computing the annual value.

(3) The Financial Commissioner may take rules for the collection, control and expenditure of the village officers’cess.

(4) All cesses now levied in any local area for the purposes mentioned in sub-section (1) shall be deemed to have been lawfully imposed and shall, until the village-officers’cess is imposed in that local area under that sub-section, be deemed to be lawfully leviable and, for the purposes of this section, to be that cess.]

¹The words were substituted for the words “village-officers” by the Repealing and Amending (Rates and Cesses’ Act, 1907 (4 of 1907).

30. Restriction on attachment or assignment of remuneration of kanungos, ¹[* * * *] and village-officers: -(1) The emoluments of a Kanungo, ¹[* * * * *], or village-officers shall not be liable to attachment in execution of a decree or order of any Civil or Revenue Court.

(2) An assignment of or charge on, or an agreement to assign or charge, any such emoluments shall be void unless it is authorized by rules made by the Financial Commissioner in this behalf.

CHAPTER IV

RECORDS

RECORDS-OF-RIGHTS AND ANNUAL RECORDS.

31. Record-of-rights and documents included therein: - (1) Save as otherwise provided by this Chapter, there shall be record-of-rights for each estate.

(2) The record-of-rights for an estate shall include the following documents, namely: -

(a) statements showing, so far as may be practicable: -

(i) the persons who are land-owners, tenants or assignees of land-revenue in the estate or who are entitled to receive any of the rents, profits or produce of the estate or to occupy land therein;

(ii) the nature and extent of the interests of those persons, and the conditions and liabilities attaching thereto;

(iii) the rent, land-revenue, rates, cesses or other payments due from and to each of those persons and to the Government;

¹The words “Zaildar, inamdar” omitted by Punjab Act 27 of 1964, section 4.

(b) a statement of customs respecting rights and liabilities in the estate;

(c) a map of the estate; and

(d) such other documents as the Financial Commissioner may, with the pervious sanction of the ¹[State Government] prescribe.

32. Making of special revision of record-of-rights: - (1) when it appears to the ²[Commissioner] that a record-of-right for an estate does not exist, or that the existing record-of-rights for an estate requires special revision, the ²[Commissioner] may by notification direct that a record-of-rights be made or that the record-of-rights be specially revised as the case may be.

(2) The notification may direct that record-of-rights shall be made or specially revised for all or any estates in any local area.

(3) A record-of-rights made or specially revised for an estate under this section shall be deemed to be the record-of-rights for the estate, but shall not affect any presumption in favour of the ³[Government] which has already arisen from any previous record-of-rights.

33. Annual record: - (1) The Collector shall cause to b prepared by the patwari of each estate yearly, or at such other intervals as the Financial Commissioner may prescribe, an edition of the record-of-rights amended in accordance with the provisions of this Chapter.

(2) This edition of the record-of-rights shall be called the annual record for the estate, and shall comprise the statements mentioned in sub-section (2), clause (a), of section 31 and such other documents, if any, as the Financial Commissioner may, with the previous sanction of the ¹[State Government] prescribe.

(3) For the purposes of the preparation of the annual record, the Collector shall cause to be kept up by the patwari of each estate a register of mutations and such other registers as the Financial Commissioner May Prescribe.

¹Substituted by Government of India (Adaptation of Laws) Order, 1937, and Adaptation of Laws Order, 1950.

²Substituted by Punjab Act 45 of 1953, for “State Government”, the words “State Government” had been substituted by Adaptation of Laws Order, 1950, for Provincial Government” which had been substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937.

³Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

Procedure for making records

34. Making of that part of the annual record which relates to land-owners, assignee of revenue and occupancy tenants: -(1) Any person acquiring, by inheritance, purchase, mortgage, or otherwise, any right in an estate as a land-owner, assignee of land-revenue or tenant having a right of occupancy, shall report his acquisition of the right to the patwari of the estate.

(2) If the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the patwari.

(3) The patwari shall enter in his register of mutations every report made to him under sub-section (1) or sub-section (2), and shall also make an entry therein respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place, and of which a report should have been made to him under one or other of those sub-sections and has not been so made.

(4) A Revenue-officer shall from time to time inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which, under the foregoing sub-sections, report should have been made to the patwari and entry made in that register and shall in each case make such order as he thinks fit with respect to the entry in the annual record of the right acquired.

¹Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, and the Adaptation of Laws Order, 1950.

(5) Such an entry shall be made by the insertion in that record of description of the right acquired and by the omission from that record of any entry in any record previously prepared which by reason of the acquisition has ceased to be correct.

35. Making of that part of the annual record which relates to other persons: - The acquisition of any interest in land other than a right refered to in sub-section (1) of the last foregoing section shall: -

(a) if it is undisputed, be recorded by the patwari in such manner as the Financial Commissioner may by rule in this behalf prescribe; and

(b) if it is disputed, be entered by the patwari in the register of mutations and dealt with in the manner prescribed in sub-sections (4) and (5) of the last foregoing section.

36. Determination of disputes: -(1) If during the making, revision or preparation of any record or in the course of any inquiry under this Chapter a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue-officer may, of his own motion, or on the application of any party interested but subject to the provisions of the next following section, and after such inquiry as he thinks fit, determine the entry to be made as to that matter.

(2) If any such dispute the Revenue-officer is unable to satisfy himself as to which of the parties thereto is in possession of any property to which the dispute relates, he shall ascertain by summary inquiry who is the person best entitled to the property, and shall by order direct that person be put in possession thereof, and that an entry in accordance with that order be made in the record or register.

(3) A direction of a Revenue-officer under sub-section (2) shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction.

37. Restrictions on variations of entries in records: - Entries in record-of-rights or in annual records, except entries made in annual records by Patwaris under clause (a) of section 35 with respect to undisputed acquisitions of interest refered to in that section, shall not be varied in subsequent records otherwise than by--

(a) making entries in accordance with facts proved or admitted to have occurred;

(b) making such entries as are agreed to by all the parties interested therein or are supported by a decree or order binding on those parties;

(c) making new maps where it is necessary to make them.

38 Mutation fees: - (1) ¹[State Government] may fix a scale of ²fees for all or any classes of entries in any record or register under this Chapter and for copies of any such entries.

(2) A fee in respect of any entry shall be payable by the person in whose favour the entry is made.

39. Penalty for neglect to report acquisition of any right referred to in section: - Any person neglecting to make the report required by section 34 within three months from the date of his acquisition of a right referred to in that section shall be liable, at the discretion of the Collector, to a fine not exceeding five times the amount of the fee which would have been payable according to the scale fixed under the last foregoing section if the acquisition of the right had been reported immediately after its accrual.

¹Subsituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, and the Adaptation of Laws Order, 1950.

²For notification fixing a scale of fees under this sub-section see Punjab Government Gazette, 1962, Revenue Department Notification No. 28-RII-61/871, dated 30^th January, 1961, as amended by Punjab Government notification No. 6098-R(II)-61/9665, dated the 18^th December, 1961.

40. Obligation to publish information necessary for the preparation of records: -Any person whose rights, interests or liabilities are required to be entered in any record under this Chapter shall be bound to furnish, on the requisition of any Revenue-officer or village-officer engaged in compiling the record, all information necessary for the correct compilation thereof.

Rights of the ¹[Government] and presumptions with respect thereto and to other matters

41. Right of the Government in mines and minerals: - All mines of metal and coal, and all earth-oil and gold washing shall be deemed to be the property of the ²[¹[Government] for the purposes of the ³[State]] and the ⁴[State] Government shall have all powers necessary for the proper enjoyment of ⁵[the Government’s right thereto.].

42 Presumption as to ownership of forests, quarries and waste lands: -(1) when in any record-of-rights completed before the eighteenth day of November, 1871, it is not expressly provided that any forest, quarry, unclaimed, unoccupied, deserted or waste-land, spontaneous produce or other accessory interest in land belongs to the [Government].

(2) when in any record-of-rights completed after the date it is not expressly provided that any forest or quarry or any such land or interest belongs to the ¹[Government], it shall be presumed to belong to the landowners.

(3) The presumption created by sub-section (1) may be rebutted by showing--

(a) from the records or report made by the assessing officer at the time of assessment; or

(b) if the record or report, is silent, then from a comparison between the assessment of villages in which there existed, and the assessment of villages of similar character in which there did not exist, any forest or quarry, or any such land or interest, that the forest, quarry, land or interest was taken into account in the assessment of the land-revenue.

(4) Until the presumption is so rebutted, the forest, quarry, land or interest shall be held to belong to the ¹[Government.].

¹Substituted for the word “Crown” by Adaptation of Laws Order, 1950.

²Substituted by Government of India (Adaptation of Indian Laws) Order, 1937, for “Government”.

³Substituted by Adaptation of Laws Order, 1950, for “Province”.

⁴Substituted by Adaptation of Laws Order, 1950, for “Provincial”.

5Substituted for the words “its rights thereto” by the Government of India (Adaptation of Indian Laws) Order, 1937.

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