Contents
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2. |
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3. |
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Form
or Writ of Demand Under Section 68 of The Punjab Land Revenue Act, 1887 |
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5. |
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6. |
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7. |
Talbana fee when
process is issued on application of village headmen |
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8. |
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9. |
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10. |
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11. |
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12. |
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13. |
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14. |
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15. |
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16. |
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17. |
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18. |
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19. |
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20. |
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21. |
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22. |
Account
to be kept by Collector or agent managing land attached under section 72 or
section 77 |
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23. |
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24. |
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25. |
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26. |
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27. |
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28. |
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29. |
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Sales of land or other immovable property (paragraphs 537-538, L.A. Manual) |
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30. |
Course to be followed when farm comes to an end before
expiration of its term |
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31. |
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32. |
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33. |
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Original issue, dated 28th July, 1909.
1st reprint, dated 30th January, 1920.
2nd reprint, dated 31st August, 1938.
3rd reprint, dated 18th December, 1951.
1. Collection of Land
Revenue -The collection
of land revenue is regulated by the Punjab Land Revenue Act, 1887, and the
rules issued under it. The procedure to
be followed when the defaulter lives in a district other than that in which the
arrears have accrued, is laid down in the Revenue Recovery Act I of 1890. The following instructions should also be
observed, and Chapter XV of the Land Administration Manual should be consulted.
2. Fee on applications for
process by village officers - The Governor of the Punjab has been pleased to remit the fees chargeable
on applications under section 97 of the Punjab Land Revenue Act, made by
village officers in accordance with the provisions of rule 64 of the rules
under that Act.
A. – Writs of Demand and Execution of
Processes.
3. Issue of writs of demand
under section 68 -A
Writ of demand issued under section 68 of the Punjab Land Revenue Act must be
in the form hereto appended and should not be issued if the defaulter is known
to have absconded from, or to be residing outside, the district.
FORM OR WRIT OF DEMAND UNDER SECTION 68 OF THE PUNJAB LAND REVENUE ACT, 1887
No. Writ of demand under
Section 68 of the Punjab Land Revenue Act, 1887
To ,resident of village ,tehsil ,district
WHEREAS it is shown by the accompanying certificate * that an arrear of
Rs.
* A
clear account certified by the wasil baqi nawis should be endorsed on
the writ.
Particulars
to be filled in by the wasil baqi nawis or other officer.
1.
Name of peon.
2.
Date of issue
of writ.
3.
Date fixed for
its return.
(The above to be entered before service of the writ).
4.
Date on which
the writ was returned.
5.
Revenue paid … … Rs.
6.
Talbana paid … … “
7.
Revenue due … …
“
8.
Talbana due … … “
is due from you on account of land revenue [ and ]
you are hereby required to pay into the tehsil the said sum, together with the
sum of due as talbana fee, amounting to a total sum of
Rs. on or before the
Signed
Revenue Officer.
4. Period within which to
be returned - The person
receiving the writ is held responsible for its return within six days from the
date of issue, and may be entrusted with any number of writs which he can serve
without exceeding this period.
5. Rate of talbana -
A separate writ,
warrant or other coercive process shall issue for each defaulter except in the
case of those who are jointly responsible for the payment of the arrears, when
a joint process shall issue. For the
service of every writ, warrant or other process for the collection of revenue
under Chapters VI and VII of the Punjab Land Revenue Act, a charge of rupee 1
shall be made where the revenue involved is more than Rs.5/- and annas 12/-
where the revenue valued is Rs 5/-or less.
This rule applies to processes issued for the recovery of sums
recoverable as arrears of land revenue (e.g. income tax), as well as to
processes issued for recovery of land revenue proper.
6. Recovery of arrears -The procedure for the recovery of
arrears on the application of village headmen (under section 97 of the Punjab
Land Revenue Act) is laid down in rules 64 and 66 of the Land Revenue Rules.
7. Talbana
fee when process is issued on application of village headmen -Where a process is issued on the
application of a village headman, payment in advance of the fee for service
should not be required; the charge should be recovered in the way laid down in
section 98(a) of the Land Revenue Act, and the person primarily responsible for
the service fee will be the defaulter on whom the process has been served. If, however, he proves to the satisfaction
of the tehsildar that the headman wrongly applied for the issue of the process,
the latter will be held responsible for the service fee.
8. Punctual payments.
Instructions to tehsildars - It is the duty of tehsildars to see that all instalments are paid
punctually. If by the settlement
arrangements the revenue of a harvest is due in the two instalments, and the
first instalment is not paid punctually, a writ should issue at once unless the
tehsildar had good reasons for delaying.
The common practice of allowing three days’ grace before the issue of
such writs is suitable and may be continued.
Similarly, if the khataunis show that a village, which is
entitled to pay the harvest demand in two instalments, commonly pays the whole
demand in one sum, the delay in issuing writs may be extended approximately to
15 days; but greater delay than this should not be permitted except under the
Collector’s authority.
9. Processes for
collection of land revenue - Writs, warrants and other processes for the collection of revenue under
Chapters VI and VII of the Punjab Land Revenue Act, shall ordinarily be served
through the agency of the tehsil chaprasis and the fees recovered will be
credited to Government, but the Collector may, if necessary, employ additional
chaprasis either on service of processes or on ordinary district work.
Such
additional chaprasis shall be purely temporary establishment at a fixed pay,
which shall be the same as that of the ordinary chaprasis of the tehsil in which
they are employed. The power to
sanction employment of temporary additional chaprasis either for the service of
processes or for ordinary district work is delegated to Collectors under serial
No.23 of paragraph 20.6 of the Book of Financial Powers, subject to certain
limitations. The annual expenditure on
such establishment shall be charged against budget head ‘25-General
Administration-E-District Administration-General Establishment.’
10. Defaulters and
lambardars must pay in person - Arrears of revenue may not be realized from defaulters and brought to
the tehsil by talbana or other low-paid peons. Such a practice is liable to lead to abuse. Defaulters and lambardars should be ordered
to pay sums due from them into the treasury either in person or through an
agent or by postal money order.
11. Register for issue
of writs and warrants - The sadar wasil baqi nawis should be charged with the
superintendence of the issue of writs and warrants. He will supply to the tehsildar the writs and warrants required
and bring to the notice of the Collector and delay in the transmission of the
statement required from tehsildars in the next paragraph. Before issuing the writs and warrants to the
tehsildars or re-issuing forms
returned, he will check the serial numbers, if any, to see that the series is
unbroken, and otherwise number the forms.
He will enter each issue in a register in the following form :
Year.
Date of order of issue.
Tehsil.
Number and kind of process.
Serial Nos., i.e., from to
Date of despatch.
He
will send with each despatch any extract of the entry made. This extract the tehsildar will sign and
return.
11-A. Stock register of coercive processes
to be kept at sadr by the sadr wasil baqi nawis.
District _____________________
Year _______________________
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Month |
Kinds of process |
Previous balance |
Receipts during the month |
Total of columns 3 and 4 |
Disbursed during the month |
Balance in hand |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
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12. The same - The Tehsildar will maintain a
register in the following form with separate pages for (1) writs,
(2) warrants of attachment, (3) warrants of arrest, (4) warrants of sale of movable property
:--
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
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No of writ or warrant |
Date of issue |
By whom to be served |
Name of village |
At whose instance |
Name of defaulter |
Kist for which due and month |
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8A |
8B |
9 |
10 |
11 |
12 |
13 |
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AMOUNT OF ARREARS |
Talbana due |
Talbana paid with date |
Date fixed for return of process |
Date on which returned |
REMARKS |
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For which process issued |
Recovered (with date) |
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At
the end of the month he will enter the totals of column 9 in the running register
and will forward to the Collector with the hal tauzi a combined
statement in the following form :--
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Detail |
Number issued with serial numbers of forms used in the case of 1 (writs) and 2 (warrants of attachment) |
Talbana charged |
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1. Writs … … 2. Warrants of attachment … … 3. Warrants of arrest … … 4. Warrants of sale … … 5. Total … … |
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From line 5 of this statement the sadar
wasil baqi nawis will enter in his running register the total demand for
the month on account of talbana.
In the first week of October each
year, the tehsil wasil baqi nawis will return unused form of writs and
warrants to the sadar wasil baqi nawis for check and re-issue.
13. Receipts, how
budgeted - Receipts
are budgeted for in the ordinary land revenue budget. Allotments will be distributed by the Financial Commissioners
among the five divisions and by Commissioners among the districts in their divisions,
the Financial Commissioners and the Commissioners having authority to direct
reappropriation between divisions and districts, respectively.
14. Talbana how
credited - All talbana
receipts will be credited direct to Government without any deduction under the
head “Land Revenue-Miscellaneous.” This
rule applies even if the recoveries are made on account of income-tax or other
demands recoverable as land revenue.
B – Arrest and detention (paragraph 522, L.A. Manual)
16. The form of warrant o arrest is here
given :--
FORM OF WARRANT OF ARREST UNDER SECTION 69(1) OF THE PUNJAB LAND REVENUE
ACT, 1887
To Peon
(or other officer)
Land revenue … …
Rates and cases … …
Total … …
WHEREAS , resident of tehsil ,district , is a defaulter on account of an
arrear of revenue that has accrued as shown in the margin, this is to command
you to arrest the said defaulter and bring him before me with all convenient
speed: provided that if the said defaulter shall without unnecessary delay
produce the sum of Rs.
together with Rs. for
the cost of executing this process, and shall proceed personally to bring the
said sum with you to the tehsil or send it with you by his agent or servant,
the arrest shall be suspended. You are
further commanded to return this warrant on or before the day
of 19 ,
with an endorsement certifying the day and the manner in which it has been
executed or the reason why it has not been executed.
Dated this day
of 19
Seal Signature of Revenue Officer.
17. Jail
-The
following forms shall be used for committing a revenue defaulter to jail and
for his release therefrom : --
WARRANT OF COMMITTAL OF DEFAULTER TO JAIL
UNDER SECTION 69(3) OF THE PUNJAB LAND REVENUE ACT, 1887
-------
IN THE COURT OF THE COLLECTOR
_____________________ DISTRICT
CASE No. __________________ of
19.
To
THE OFFICER IN-CHARGE OF THE JAIL AT _________.
WHEREAS
________________, son of
_________________, caste __________________ resident _______________,
tehsil _______________, is a defaulter on account of an arrear of land revenue,
you are hereby commanded to take the said ___________________ in custody and
keep him confined in the civil jail for a period of _______________ days or until the said arrear of land revenue is
paid.
Rs. on account of diet allowance at the rate of ______________ annas per diem, are sent with this warrant.
FINANCIAL COMMISSIONER’S OFFICE, PUNJAB
CORRECTION SLIP No.I-S.O. SIMLA-2, DATED THE 10TH NOVEMBER,
1955.
Standing Order No.29.
Paragraph 14
But in case of
recoveries from loanees of Rehabilitation Department, the talbana will
be credited under the head “XLI – Miscellaneous Receipts and account of
displaced persons (ix) other receipts pertaining to Relief and Rehabilitation
Department (Rehabilitation).”
ORDER FOR THE RELEASE OF A DEFAULTER
UNDER SECTION 69(3) OF THE PUNJAB LAND REVENUE ACT, 1887.
IN THE COURT OF THE COLLECTOR
_____________________ DISTRICT,
CASE No. __________________ of
19.
To
THE OFFICER IN-CHARGE OF
THE JAIL AT _____________________
___________________, son of _________________,
caste __________________ resident of _______________, tehsil _______________
who, under order, dated_____________ 19 _______, was required to be confined in
the civil prison for a period of __________
days on account of non-payment of arrears of land revenue to be paid by him,
how now paid the said amount or has urged for more time by furnishing
security. Therefore under orders passed
this day, you are hereby directed to set free the said ___________________ now
in your custody on receipt of this order.
Issued under my signature and seal this _______________ day of _____________ 19 _________.
Seal _________________
Signature
of Collector.
18. Maintenance of
defaulter arrested and detained - Any cost incurred for the maintenance of a defaulter who is arrested and
detained under Section 69 of the Land Revenue Act should be defrayed for the
time from the revenue contingent grant of the district. The amount may be
recovered as an arrear as an arrear of land revenue, and on recovery should be
credited to Government as a cash recovery.
The
Collector may of his own authority adjust in his accounts advances of diet
allowances of revenue defaulters while under detention, which may be found to
be irrecoverable.
Soldiers of the Indian Army not to be
arrested - The Government of India have directed that no process of arrest
or detention shall issue under Section 67 (b)) of the Land Revenue Act against
officers or soldiers of the Indian Army.
C – Distress and Sale (paragraph 523, L.A. Manual)
19.
The
forms of warrants are the following: -
FORM OF WARRANT OF DISTRRAINT UNDER SECTION 70 OF THE PUNJAB LAND
REVENUE ACT, 1887
To Kanungo (or other officer whose
service counts as superior).
Land revenue … …
Rates and cases … …
Other items
Total … …
WHEREAS , resident of tehsil,
______________district , is a defaulter on account of an
arrear of revenue which has accrued as shown in the margin, this is to command
you to distrain the movable property and the uncut or ungathered crops of the
said defaulter, as set forth in the list hereto annexed or as pointed out to
you on the spot, and to hold the same until further orders from me: Provided
that if the said defaulter shall, without unnecessary delay, produce the sum of
Rs. together with Rs. for
the cost of executing this process and shall proceed personally to bring the
said sum with you to the tehsil, or send it with you by his agent or servant,
the distraint shall be suspended. This
warrant does not authorize you to distrain any of the property mentioned in the
proviso to Section 60, part II of the Code of Civil Procedure, * or the
following portion of the produce of the land of the defaulter, to wit which has been
exempted from liability to sale by order of the Collector.
You
are further commanded to return this warrant on or before the day of 19 , with an endorsement certifying
the date and manner in which it has been executed or why it has been executed.
Signed
Collector
or Assistant Collector, Ist Grade
WARRANT FOR SALE OF MOVEABLE PROPERTY UNDER SECTION 70 OF THE PUNJAB
LAND REVENUE ACT, 1887
To
Nazir
(or other officer whose service counts as superior)
-------------------------------------------------------------------------------------------
* (Section 60, Part
II, of the Code of Civil Procedure, is printed in full on back of the warrant).
THIS is to command you to sell by auction, after giving days previous notice by affixing the same to this office and after making due proclamation the movable property and uncut or ungathered crops distrained under a warrant from this office dated the day of 19 , or so much of the said property as shall realize the sum of Rs. , being the amount of the arrear of revenue still due by_____________________________
You are further commanded to return this
warrant on or before the day
of 19 , with an endorsement certifying the
manner in which it has been executed or the reason why it has not been
executed.
Signed/-
Dated Collector or Assistant
Collector, Ist Grade
D – Transfer of holding, (paragraphs 524 – 525, L.A. Manual)
20.
The
form of warrant is annexed.
WARRANT OF TRANSFER OF HOLDING IN
RESPECT OF WHICH
AN ARREAR OF REVENUE IS DUE UNDER SECTION 71 OF
THE PUNJAB LAND REVENUE ACT, 1887.
To Kanungo (or other officer whose service counts as
superior).
WHEREAS an arrear of revenue
has accrued on holding No. in
the estate called ,
tehsil , this is to give notice that the
said holding is hereby transferred from , the previous owner of the said
holding, to a land owner in the estate in which the holding is situate and not
being a defaulter in respect of his own holding, on condition of the said paying the arrears due, to wit Rs. before
being put in possession of the holding, you are hereby directed as payment has
been made/ on payment by the said holding, and you are hereby authorized to
remove any person bound by this warrant who may refuse to vacate the same. This transfer shall have effect till omit.
Signed
Dated Collector
21. Report of transfer. The report of transfers under section 71 of the
Punjab Land Revenue Act, 1887 shall be in the following form and shall be
forwarded through the Commissioner of the division.:--
Statement of transfer of the rights
of defaulters under section 71 of the Punjab Land Revenue Act, 1887
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
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District |
Tehsil |
Village |
Revenue
of kharif- rabi |
Name
of village headmen |
Name
of defaulters |
Amount
of arrears from each defaulter due |
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8 |
9 |
10 |
11 |
12 |
13 |
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Terms
of transfer |
Date
of payment of arrears by the transferees |
Date
of report to the Commissioner |
Circumstances
which led to the transfer |
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E. – Attachment of estate or holding
22. Account to be kept
by Collector or agent managing land attached under section 72 or section 77 - When an estate or holding or any
other immovable property attached under section 72 or section 77 of the Punjab
Land Revenue Act is put under the management of the Collector or of an agent,
the Collector or agent, as the case may be, keeps an account of all rents and
profits accruing on account of the property and of expenditure for the cost of
its attachment and direct management, and for defraying the arrears, and any
instalments of land revenue, cesses or canal water-rate becoming due during
such management; and when the management comes to an end a full account is
furnished to the person whose property has been attached.
23.
The
following is the form of warrant prescribed: -
WARRANT FOR ATTACHMENT OF AN ESTATE OR HOLDING UNDER SECTION 72 OF THE
PUNJAB LAND REVENUE ACT, 1887
To Kanungo (or other officer whose service counts as
superior)
WHEREAS an arrear of revenue
has accrued in respect of the estate called owned
by , you are hereby
ordered to attach holding
no. in
estate
the said estate/ holding and give notice to the owner thereof by taking
his signature on the back of this
warrant, that the said estate/ holding is hereby taken under ________my management_____________
the management
of whom I appoint agent for that purpose
This attachment shall
have effect for years from the commencement of the ensuing agricultural
year, unless the arrear be sooner discharged.
Signed.
Dated Collector
F—Annulment of assessment (paragraphs 529-536, L.A. Manual)
24. Applications for
leave to manage direct. A report in the form prescribed
below should be submitted by the Collector when applying, under section 73 of
the Land Revenue Act for permission to manage the land of a defaulter himself
or through an agent.
This
report is not required when land is taken under direct management owing to the
neglect or refusal to engage, of the persons to whom the settlement was offered
(section 55 of the Act), or on account of arrears due in respect of the land
where no proclamation of the annulment of the assessment has been published
(section 72).
Form of application for annulment of assessment and management under
section 73 of the Punjab Land Revenue Act, 1887, of an estate or holding in
the _____________ district
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Tehsil |
Village |
Area
of land with description |
Revenue
demand of kharif rabi |
Name
of defaulter |
Term
for which it is proposed to hold under direct management |
Statement
of current instalment of revenue demand due and aggregate of arrears on
account of which the assessment is annulled |
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8 |
9 |
10 |
11 |
12 |
13 |
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Date
of proclamation and annulment of assessment |
Date
of order for holding under direct management |
Date
of report to Commissioner |
Circumstances
which led to the annulment of the assessment |
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In all estates or portions of estates
held under direct management, a jamabandi should be prepared for each
harvest, as soon as possible after sowing time, showing the area under crops,
the names of cultivating occupants with the rent paid by each and a tirij
should afterwards be drawn out at the time of collections. A monthly account of collections will be
submitted at the close of the month, in which the first instalment falls due,
and of each following month until the collections for the harvest are
complete. None will be prepared for the
last month of the years, an annual statement of demands, collections and
balances being submitted instead.
All
estates or portions of estates held under direct management, whatever may be
the cause of their being so held will also appear in the annual statement of
holdings under direct management, submitted by Collectors through the
Commissioner to the Financial Commissioner.
Jamabandi asamiwar of lands held under direct management in
tehsil ___________district
____________, for the year ________ 19_____.
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CASH
RENTS |
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No. |
Name of estate |
Name of holder |
Area of holding |
Description of crops |
Rate
of payment |
Amount |
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Cesses, etc. |
Village expenses |
Total demand |
REMARKS
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(Here
state the allowances payable to persons dispossessed of beneficial interests) |
NOTE: If it is necessary to make
collections in kind or by appraisement, the jamabandi can not be submitted
until the actual demand is determined, and this and he following forms must be
modified to adapt them to the mode in which collections are made.
Monthly asamiwar collection report of lands
held under direct management in village ______________, tehsil _______________,
for the month of
___________ 19 ______
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REVENUE ASSESSMENT FOR THE YEAR |
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No. of holding |
Name of holder |
Area of holding |
Land revenue |
Cesses and village expenses |
Total |
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DEMAND |
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Balance due on account of
past instalments |
Current instalments |
Total |
Collection |
Balance |
Credited to existing
future demand |
Surplus collection for
future demand |
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Tirji asamiwar of lands held under direct
management in tehsil ……………
district
…………………………. for the year 19 …………..
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Season Kharif |
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No. |
Name
of estate |
Name
of holder |
Area
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Rate
of demand |
Amount |
Cesses
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Village
Expenses |
Total |
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Season Rabi |
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Area |
Rate
of demand |
Amount |
Cesses |
Village
Expenses |
Total |
Total
of year |
Collection |
Balance |
Remarks |
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Annual statement of demand, collections and balances of lands held under
direct management in the village of
…………………………. tehsil ………….. for
the year ………… 19 ………
25. Application for authority
to farm - When the
assessment of any land has been annulled, and the Collector desires to let it
in farm, under Section 73(3) of the Punjab Land Revenue Act, the proposal
should be made in the following form: -
Statement of a farming lease proposed for sanction, under Section 73(3)
of the Punjab Land Revenue Act, 1887, in the ………………… district
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
Tehsil
|
Village |
Area of land with
description |
Revenue demand of kharif-rabi |
Name of defaulter |
Name of farmer |
Name of surety |
Terms of proposed farm |
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9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
Statement of current
instalment of revenue demand due and aggregate of arrears on account of which
the assessment is annulled
|
Date of order for annul-ment of assess-ment |
Date from which the proposed farm will take effect |
Date of payment of arrears by farmer |
Date of report to Commissioner |
Circum-stances which led to the annul-ment of the
assess-ment |
Commissioner’s remarks |
Orders of Financial Commissioner |
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26. Security to be
demanded from farmer under Section 73 - The farmer is required to give good security,
amounting to not less than two-thirds of the annual demand, for the punctual
payment of the annual sum at which the estate is farmed and for the fulfilment
of the other conditions of the firm.
27. Right of survivorship
when farm is held by several persons - If there be joint farmers and any of them die,
the farm must be continued to the survivor or survivors, unless it be otherwise
provided in the engagement.
28. Persons disqualified
from being farmer or surety - No female, minor, resident of an Indian State, or public servant, can be
accepted as farmer or as surety for a farm of an estate or holding let in farm
under Section 73.
29. Terms of farmer’s
engagement - The
engagement of the farmer contains the following conditions :--
(i)
That
nothing inconsistent with good husbandry shall be done by the farmer, his
agent, or any person holding under him, and that he shall be liable to damages
for any deterioration or injury to the estate arising from a breach of this
condition.
(ii)
That
the Collector shall be at liberty to revise the security from time to time and
to call for fresh security should be consider that the security originally
given has become insufficient.
(iii)
That
the farm shall not be transferable, and that on the death of the farmer, or of
the last survivor of the farmers, if more than one, it shall be voidable by the
Collector from the commencement of the following agricultural year, and, if it
be declared void, any sub-leases which may have been granted by the farmer,
shall also be voidable. Should the
Collector elect to continue it to the heirs of the deceased farmer, or to one
or more of them, fresh security shall be called for.
(iv)
That
when an arrear has become due, the Collector may, in addition to any other of
the processes authorized for the recovery of land revenue, cancel the farm.
(v)
That
no person not named in the engagement shall be entitled to claim any interest
in the farm.
(vi)
That
the farm may be relinquished by the farmer with the previous consent of the
Financial Commissioner, and not otherwise.
30. Course to be followed
when farm comes to an end before expiration of its term - When a farm shall have been declared
void on the death of the farmer, or in default of sufficient security, or for
arrears, or shall have been relinquished by the farmer, a fresh farm may be
granted for the remainder of the original term or, with the previous consent of
the Financial Commissioner, the estate may be re-settled with the proprietors,
on their satisfying any arrear which may remain due from them.
(paragraphs 537-538,
L.A. Manual)
31. Application for sale
- Proposals to sell
land or other immovable property, under Section 75 or Section 77 of the Punjab
Land Revenue Act, should be made in the following form :-
Statement of land or houses
proposed to be sold for arrears of revenue.
|
District |
Tehsil |
Village |
Name of proprietors and
nature of tenure |
*Detail of property
proposed for sale |
*Amount of land that will
be left to defaulter after sale of the property detailed in column 5 |
Revenue demand, if any, of
the property proposed for sale |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
· In columns 5 and 6 the areas, in addition to any local measures, should be expressed in acres and decimals of an acre.
|
Particulars of Balance |
Particulars
of steps taken to realize amount of the balance |
Particulars
of persons having right of pre-emption and incumbrances, or contracts
affecting the property |
Remarks
by Commissioner |
Orders
of Financial Commissioner |
||||
|
Month
of instalment |
Amount
|
|||||||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
|
|
|
|
|
|
|
|
|
|
32. Proposals for sale -
Proposals to sell
land to other immovable property under Section 75 or section 77 of the Punjab
Land Revenue Act, should only be submitted when all other processes prove to be
ineffectual. As a preliminary to the proposals
for sale the Collector should in particular, explore the expedients provided in
section 72 or section 73. An offer can
be made to a person for five years under section 72, and for 15 years under
section 73, on terms which will cover land revenue for those years plus
arrears. When submitting proposals for
sale in the form prescribed in paragraph 31, it should be explained why action
under section 72 or section 73 is not possible.
33.
The
forms of proclamation and certificate of sale are given below:--
WHEREAS an arrear
of revenue amounting
to Rs. , has accrued in respect of the estate named , and the sanction of the Financial Commissioner holding No. in estate
has in his Revenue Secretary’s
letter No. , dated , been given, under section 75 of
the Punjab Land Revenue Act, to the sale of the immovable property detailed in
the annexed schedule for the recovery of the said arrears, this is to give
notice that the said immovable property will sold by auction at , on the
day of 19 , at o’clock. Land revenue amounting to Rs. per
annum is assessed on estate
. Any person payable in respect of the said holding
tending to claim a right of
pre-emption must, on pain of forfeiting the right, give notice of his intention
to me on an office day before that fixed above for the sale.
The
sale will be made subject to the provisions of section 70/ section 79(d)
of the Punjab Land Revenue Act, 1887 and the following
encumbrances, grants, contracts or rights of
occupancy are specially saved by orders of the Financial
Commissioner , viz. have been ascertained to exist in respect of the property
Signed.
Dated Collector
I,__________________, Collector of _______________________, hereby
certify that____________________, resident of _______________, tehsil_________,
district______________________, has been declared the purchaser at sale by
public auction on the_______________day of ______ 19_______, of ____________sold for recovery of an arrear
due in respect thereof /of, and that the sale has been duly confirmed by the commissioner
under section 92 of the Punjab Land Revenue Act, 1887.
[To be added when the land is sold for an arrears due in respect
thereof.]
The
following encumbrances, grants, contracts and rights of occupancy specified in
the proclamation of the sale are specially saved by order of the Financial
Commissioner under section 76, sub-section (2), clause (c), of the said Act,
viz. –
This
certificate is granted under the provisions of section 95 of the Punjab Land
Revenue Act, 1887,
Signed.
Dated Collector.