Mohinder Verma
JAMMU, Sept 19: As the unfettered powers given to Patwaris vis-à-vis inspection, grant of copies of revenue record and record various certificates have been resulting into large scale corrupt practices and blatant violations of Big Landed Estates (Abolition) Act, 2007, J&K Agrarian Reforms Act, 1976 and various other legislations, the State Government has issued fresh set of detailed guidelines in supersession of all previous orders with an objective to make entire process citizen-friendly as well as transparent and professional.
Official sources told EXCELSIOR that the inspection and grant of copies of revenue record is governed by Rule 34 of the Jammu and Kashmir Land Revenue Rules, 1969 framed under the Land Revenue Act, Svt 1996. As per the rule, the copies of the extracts of revenue records have to be issued by the Patwaris, who are the custodian of the records, on the payment of requisite fee as prescribed under rules and the law on the subject as amended from time to time.
With the boom in housing and construction activities and rapid urbanization in Jammu and Srinagar cities, the issuance of copies of revenue record for alienation purposes has assumed significance and the issue has become more complicated with the implementation of certain revolutionary legislations like Big Landed Estates (Abolition) Act and J&K Agrarian Reforms Act, sources said, adding the Patwaris being on the driving seat have been ignoring the basic spirit behind these legislations while issuing extracts of revenue record for alienation purposes partly due to poor knowledge of legal framework and partly by design in connivance with interested parties.
“Large number of unauthorized colonies have come up in utter disregard to the provisions of Big Landed Estates (Abolition) Act/Agrarian Reforms Act. Not only the ceiling fixed under these legislations while making alienation of land but the provisions governing the waste land and uncultivable land have also been violated with impunity and the process is still unabated”, sources said.
The unfettered powers given to the Patwaris vide Circular No. FC/Cord/Misc/Circular/128/2011 dated September 16, 2011 issued by the then Financial Commissioner, by way of which instead of copies of the revenue record, the powers to record various certificates have been given to the Patwaris, are against the mandate of Rule 34 of the Land Revenue Rules, 1969, sources said, adding these powers have resulted in large scale corrupt practices besides violations of legislations.
In order to check the corrupt practices and also to avoid the alienation of excess land or fraudulent sale of the same land again and again by the same owner, instructions were issued from time to time from various quarters but the violations have continued unabated, sources regretted.
Even before issuing of circular instructions by the Financial Commissioner, the responsibility of verification and authentication of the extracts of revenue records with reference to original record, issued by the Patwaris for the purpose of alienation, was entrusted to the Naib Tehsildars concerned. But the job was not satisfactorily accomplished and instead of verifying the entries made in the extract of revenue record these were simply attested and countersigned by them without verifying their authenticity with reference to the original record, sources further said, adding as a result of cursory and perfunctory way of functioning the system has proved counterproductive.
“Such omissions have created complete chaos and confusion and has given rise to undesirable practices and lot of unwarranted litigations among the bona-fide purchasers”, sources further regretted.
In order to improve the present situation and to make the entire process citizen-friendly as well as more transparent and professional besides ensuring strict adherence to the procedure as prescribed in Rule 34, the Government has issued fresh set of detailed guidelines in supersession of all previous circulars, instructions and orders.
As per the circular issued by B A Runyal, Commissioner Secretary, Revenue Department on the instructions of Revenue Minister, Raman Bhalla, the extracts of revenue record henceforth will be issued exclusively by the Patwaris under Rule 34 of J&K Land Revenue Rules, 1969 for examination and perusal and will require no attestation of the Naib Tehsildar or countersignature of the Tehsildar.
The procedure as laid down in Rule 34 will apply to the extracts of revenue record for perusal or any other purpose other than the alienation, the circular said, adding the Patwari will issue extract of revenue record simply on the application of the interested person duly marked/ endorsed by the Naib Tehsildar concerned.
The copies of the revenue extracts issued by the Patwaris under Rule 34 will not be valid and admissible for registration because it involves certification with regard to the implementation of various laws, which is beyond the competence and knowledge of Patwari.
The provisions of Rule 34 of J&K Land Revenue Rules, 1969 envisages issuance of copies/extracts of revenue record only. To record certificates certifying therein that no violation of any law pertaining to land enacted from time to time has taken place/is likely to take place by means of alienation for which extracts is required, is not within the domain of Patwaries, sources said, adding a separate procedure has been laid down for issuance of the revenue extracts for alienation purposes (sale, gift, lease and mortgages etc).
The Deputy Commissioners have been directed to constitute an audit party headed by an officer now below the rank of the Assistant Commissioner (Revenue) to ensure that no violation is made in implementation of fresh guidelines. The Naib Tehsildar concerned will present office copies of all such extracts of revenue record for inspection of the Audit Team in the first week of each month and the information of all such applications will be consolidated at the Tehsil and District level and conveyed to all the higher authorities including Administrative Department by 15th of each month.
The Tehsildar will be responsible for inspection of record pertaining to the issuance of revenue extracts on random basis any time during the month and 100 % at the close of the month and make record of his inspections besides taking necessary corrective measures in case of any irregularity, the circular said.
Any delay in issuance of the copy of the extract beyond the prescribed timeline would invite disciplinary proceedings under the J&K Employee (Conduct) Rules, J&K Civil Services (Classification, Control and Appeal) Rules, 1956 in addition to penalty prescribed under the J&K Public Services Guarantee Act, 2011.
In case any revenue officer or official intentionally gives wrong, incorrect, incomplete, fraudulent, misleading or distorted information/ extract of the land or does anything contrary to the Rules, the same will be deemed to be gross misconduct and will be liable for punishment under the provisions of Ranbir Penal Code (RPC), the circular said, adding “all the Tehsildars and Naib Tehsildars will attest the mutations immediately after the sale, gift and mortgage deeds are brought to their notice and on mutation sheet map of the land will be drawn as prescribed under Standing Order No.23-A.
All the Tehsildars and Naib Tehildars have been directed to make monthly random check of the revenue records and submit their reports regularly to the Deputy Commissioner concerned. Similarly, the Deputy Commissioners have been asked to ensure strict compliance to the instructions and make random inspections of the revenue records either themselves or through Additional Deputy Commissioner/ Assistant Commissioners (Revenue).
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