Chapter 8

THE RECORD-Of-RIGHTS
Chapter XIV and Appendices VII and VIII of the Settlement Manual should be read in connection
with this chapter. Appendix VII has been added in Part I of Chapter 6 of this Manual.

Entry of
Mutation

8.1. (1) The mutation Register is prescribed in Section 34(3) and 35 of the Land Revenue Act for the
entry of every acquisition rof any right of interest. in an estate as a landowner, assignee or occupancy
tenant, and under section 36 for disputed -acquisition of other rights.the mutation register is not a Part~.
the record of rights and its entries do not share in the presumption of truth attached to that record.,~ll
mutations of rights of ownership or occupancy including voluntary partitions, shall be entered by the
patwari in the register when they are reported to him by the transferee as requircd by Section 35 of the
Land Revenue Act, and if not so reported then so soon as they appear to have been actcd upon. When he
enters a mutation affecting the Shajra Nasb the patwari shall note in pencil the number of the nrotation
against the entry affected. If and when the mutation is sanctioned, lie shall amend the Shajra Nasb in red
ink in accordance with the mutation orde~
(2) The provisions of sections 54, 107 and 123 of the Transfer of Property Act were made applicable in :
H.P. vide Deputy Secretary (Rev.) to the Govt. of H.P~ letter No. 17-13/ 66 Rev. I. dated 6.1.1971
whereby registration of sale (S. 54) lease (S. 107) and gift (S. 123) have been made compulsory. In the
case of acquisition of rights of such nature, the patwari will enter mutation on the basis of registration
memorandum or registered deed.

(3) Other acquisitions of rights or interests based,upon oral transactions i.e. without registration shall be
entered in the register of mutation by the patwari when reported to him under section 35 of the Act ibid
i.e. acquisitions through Release, Settlement, Mortgage with possession, Exchange and creation of tenancy etc. but subject to the provisions contained in section 118 of the H.P. Tenancy and Land Reforms Act,
1972 and section 3 of the H.P. Transfer of Land (Regulation) Act, 1968 read with paras 18.24, 18.25,
18.26 and 18.29 infra.
(4) The Revenue Officer shall attest such mutations based upon oral transactions in the presence of the
parties in accordance with the provisions of section 38 of H.P. Land Revenue Act, 1954 in case the
acquisitions are otherwise legal.
l

(5) Some times the patwaris do not enter mUlations based upon oral transactions referred to in sub para
(3) above. Even If the mutations are enured, the Revenue Officers generally refuse to attest such mutations on the plea that the registration was not done, which was compulsory under Registration Act. This is
an incorrect interpretation of law. Mutations either based upon oral transaction or registered deed must
conform to the provisions of section 38 of the H.P. LandRevenJ.:ie Act subject to the provisions of Deputy
Secretary Revenue, to the H.P. Govt. leTTerNo: 17-13/66, Rev.l Dated 6.1.1971, section 118 .oftheHP.
Tenancy and La'Qd Reforms Act, 1972 and section 3 of H.P. Transfer of JtJnd Regulation Act, 1968 read
with paras 18.24, 18.25, 18.26 dnd 18.29 infra. Revenue Officers are not competent to refuse mutations
..

..

-_.~

/'

based upon oral transactions under the 1m.if the acquisitions conform to the provisions of section 38 ibid
but subject to the exceptions mentioned above.
It was held in Gulab Singh anotner V Smt. Dilbag and others (lLR Himachal Series. 1987 pages 536 to
542) by the H. P. l:iigh Court that oral exchange was valid because all the prov;sions of the Transfer of
Property Act were not applicable in Tehsil Kullu which was then State of Punjab in 1963. By virtue of
Notification No. 1605 R(C .55-69) 5;5.54 (sale) S.107 (lease) and S.123 (gift) were made applicable in the
State of Punjab. .
An oral ~xchange was thus permissible in Tehsil Kullu because s.ection 118 of the Transfer of Property
Act was not made applicable to the State of Punjab-an exchange coul~ be effected between the parties
and it was not necessary to effcct the same by a registered document only.

Reference of
Jamabandi

Register of
Mutations

8.2. The patwari should. whenever a mutation case is entered in the register. note the serial number and
nature of the transfer in pencil in the column of remarks of the Jamabandi opposite to the appropriate
holding. If and when the mutation is sanctioned he should make the above note in red ink. Serial number
of Fard Badar entries should also be similarly noted and in order to distinguish them from the serial
number of mutations the word 'Badar" should be added. Fard Badar entries will thus be referred to as 1
Badar.2 Badar. etc. etc.
8.3. The form of the register of mutations with instmctions as to the entries to be made in it is givcn
below:-

"'

i wh ~bil i~Ill' fl\)~

.10

Nl:W CIlleY which it is

1.O"onecl

13

12

11

14

IS

\0 substitute

.'

~~..
.= ~
.~ ~
.5

1
i

"S

...

.g

t1
I

J.S
"!

;1.

1
~

..
'S

.eo

:g

j
:I

:!

..

I
j
~.

~
~
~

.&

; f
"S

.g

.gc.

~~~

~
.,;

~!i~ ~
f'" . ."

.~

:i

:s!..
I,::

:i

~
OJ
~

l!.~c

..
'S..
'i

~~ ~.gc.

... e

!
::
..
55

~
~
~
..

..

"

Ol:

."if
li

ft~'S

1l! ill

z G

1."

g
.~

fi

Division or
8.4. (a) For inspection work and the attestation of mutations in records, the estates of each Tehsil are
Tehsil ror
divided yearly between the Tehsildar and the Naib- Tehsildar. The portions of the Tehsil allotted should be
inspection work. chimged every year on October 1st so that the responsibility of the Tehsildar for the w~ole of his charge
may not be impaired. It is within the discretion of the Deputy Commissioner to postpone redistribution for
special reasons, such as the prompt disposal of pending revenue work.

GenerBllnstruclions.

(b) (i) The r.nutation register consists of a coullterfoil and f9il. The former is the patwari"s copy of the
register, t~e latter is ~oved
after orde~ h~v~ been passed, and sent to the T~hsil to \>C filed with the
Jamabandl. The patwan should make entries 111 columns 1 to 13 of the counterfOll, but he should make no
entry in column 15. Having thus filled up columns I to 13 in the counterfoil, the patwari will copy these
entries in thlPj'oil. He will then write his report in column 15 of the foil. He will briefly state the facts
explaining fhe change, the names of the person orthe persons on whose information the entry is based,
and he will require the Lambardar concerned or Pradhan or UpPradhan of concerned Gram Panchayat
to allest the entry by seal or signature. He is, however, strictly forbidden to take the thumb mark or the
signature of any of the parties to the transaction anywhere on the mutation sheet.
(H) The Field Kanungo must attest by personal examination of the papers concerned every entry made
by the patwari in the counterfoil and foil, noting briefly that he has done so with date below the report in
the latter. He must sign the entries in both counterfoil and foil.
(Hi) The Revenue Officer should carefully compare the entries in counterfoil and foil, and must write
his order on the lattcr. He should see that all entries in the mutation sheets as well as his order thereon are
. neatly and legibly written. "In ihe caSe of mutations relating to registered companies or firms, the attesting
officer shall not pass final order unless he has satisfied himself that the company or the firm has been duly
registered and the party concerned has produced a certificate of registration by the Registrar, Joint Stock
Companies. Mention to this effect shall be made in the attestation order. No detailed record of the
statements of parties and witnesses need be m~de, but U1eorder ~mSl state brieflY the perscms examincd by
the Revenue Officer, the facts to which they deposed aDd the grounds of tbe order. Except in the casc of
Killaballdi mutatiolls, (paragraph 15 of Appendix XIV to Settlement Manual) no Revcllue Officcr any
more than Kanungo or patwari should take the signatures or thumb-marks of parties or wittlCSSCS
anywhere 01) the mutation proceedings. Except where the mutation order relates to an entire holding and
in cases of undisputed inheritance, the Revenue Officer must enter with his own hand the numbers of the
fields affected and their total area. ''The order should show whether the parties interested were all present:
or if anyone was absent, the way in which his evidence was obtained, or, if it was not obtained, what
opportunity was given to him to be present; also who identified tbe parties present and the place at which.
and date on which, it was written."
(iv) He must write with hisowll han<l in the counterfoil a very brief abstract of the operative part of
his order giving the numbers of the fields affected and their total area, thus,

"Dakhil Kharij NUmberhai Falan Rakba Mantur HaL" No recital of the facts on which the order is
based should be entered in the counterfoil. .
(v) When mutation is refused, the Revenue Officer must similarly pass his order to that effect on the
foil and note the fact in the counterfoil. He must sign the entries in the counterfoil after comparing them
with those on the foil.
(vi) For the action to be taken with reference to the share of Shdllll.ll <lt1.ll'hcdto land transferred, see
paragraph 8.38 .
. (vii) No general nile can be laid down with regard to the attestation ofmulations 01 holdings of which
the possession has not yet passed, or the exchange whereof has been reversed after one or two harvests
Possession is. however, very strong evidence offacts that have actually occurred.
'.

(viii) All mutations, not attested within a period of one year are shown in the quarterly business
returns of revenue work for each district by Tehsils. A list will be prepared in each Tehsil and supplied to
the Tehsildar or Naib Tehsildar concerned so that special steps may be taken to ensure that all such
mutations will be attested at once, if possible. Any mutations, remaining unattested by the end of the next
quarter, will be entered in a special list, with reasons showing why each mutation could not be attested.
These lists will be forwarded to the Collector for information, and if any mutation in such a list remains
unattested by the end of the quarter then next ensuing, a full. report with an explanation will be submitted
to the Commissioner for any action that he may think fit to take.
It should be clearly understood that the duty of a.Revenue Officer attesting a mutation is confined to
ascertaining whether a fact does or does not exist.

Corrections
previous to
attestation.

8.5. The entries in columns 9 to 12 should correspond in every case with the order passed upon the
mutation in question. Where owing to a mistake or otherwise they do not do so they should be altered so
as to bring them into correspondence with that order. Any alterations required for this purpose should be
made as far as possible at the time of passing the order but if not then made, they can be subsequently
made at any time before the mutations in which they are to be made are incorporated in the Jamabandi. No
permission, nor proceedings in review under Section 16 of the Himachal Pradesh Land Revenue Act will
be necessary for the purpose of making such alterations, and any Revenue Officer before whom the
mutations in which they are to be made are produced, will be at liberty to make them. All alterations made
in accordance with this direction will be made in red ink and will be signed by the officer making them.

Corrections
after attestation

8.6. At

any time before a mutation is i~corporated in Jamabandi, any clerical or arithmetical mistake
inadvertently made in the order passed upon it can be corrected without obtaining permission for reviewing that order. The corrections of such mistakes can be made by the Revenue Officer who attested the
mutations in which the mistakes have occurred or by his successor or by a superior officer. In making
such corrections the original order should not be altered; but a sepatate notice should be recorded briefly
describing the corrections made. It will not be necessary to hear the parties concerned in connection with
such corrections. The Fard Badar procedure described in paragraph 8.2. infra may be used for the purpose
of avoiding the entry of a further mutation of inheritance in cases wherein entering the original mutation
some of the holdings of t1).edeceased were inadvertently omitted. In such cases the patwari will merely
state in his report in the Pard Badar that such and such holdings have been omitted from such and such
mutations and the Revenue Officer's order upon this report will merely state that the order already passed
upon the mutation in question should be considered applicable to these holdings.

Numbering of
entries

8.7. The munbering of the entries in the mutation register should be continuous for the term of settlement.
A new register should be opened only when the old register has been used up. Both the counterfoil and
foil sheets are numbered in the press. Only one sheet will not necessarily be used for each ,case. If the
transfer involves lengthy entitles, e.g. in the case of more than one holding being affected, one or more
additional sheets may be used, but the same number should be used for the counterfoil and foil. The foils
should not be detached from the register until orders are finally passed byl the Revenue Officer, who
should take them off and make them over to the office Kanungo, stitching the forms together with stout
thread.

Transfer of
portion of field

8.8. (i) If a part

or a share of a field has been transferred and separate possession has been taken, draw on
the back of the mutation sheet and its counterfoil a map of the whole field and show as a sub-number the
part transferred. No partition proceedings are necessary. The Field Kanungo must attest the correctness of
the map after personal examination of the field on the spot and satisfy himself as to the fact of possession.
He must also see that the field as drawn on the back of the mutation sheet is ali exact copy of the field as
shown in the Shajra Kishtwar. Further details in regard to the preparation, check and use of these maps on
mutation sheets are given in Chapter 6 of this Manual. The Attesting Officer must defer the passing .of an
order sanctioning a mutation if he finds that these instructions have not been carried out exactly.

In the case of a transaction based on a registered deed the Revenue Officer should immediately on
receipt of the registration memorandum from the Registration Office direct the Kanungo and the patwari
to proceed to the spot and prepare a Tatima Shajra, if one is necessary, on the basis of the material given
in the registration. memorandum and that alone. On the completion. of the Tatima Shajra it shall be
submitted by the Kanungo to the Revenue Officer.
Transfer ofPortion of Khasra
Number in PlanningArea

(ii) In Planning area, declared as such under the H.P. Town and' Country Planning Act, 1977, if the
transaction is based upon registered deed and a sub-division of any kbasra number is involved, the patwari
and Field kanungo shall prepare the tatima shajras on the spot in the manner prescribed in sub-para (I)
above irrespective of any. size of the plot and irrespective of the fact that the registration was done in
violaion of section 16 of the Act ibid. Such a transfer is not void.
Under Section 35 (5) of the H.P. Land Revenue Act, 1954, the Revenue Officer is duty bound to
inquire into the correctness of all the entries in the register of mutations and into, all acquisitions coming
to his knowledge which are required to be reported to the patwari under section 35 (I) of the Act. The
Revenue Officer shall attest the mutation in such cases if separate possession has been taken and the
transaction is not otherwise void. The above principles are also applicable in the cases of mutations based
upon-oral transactions either in planning area or elsewhere.

8.9. Final orders in partition cases will be entered if parition is sanctioned and the order has been carried
into effect. Such entries will be attested in the same way as other mutations.
Lambardari
Cases
Land hypothecated to Government

8.11. Mortgages

Orders of
Courts

8~12. In entering orders of Courts the patwari should quote in red ink in column 15 of the foil and
counterfoil the following particulars:-

Consideration
money

8.13. When a ,sale, mortgage or lease embraces land in more than one estate and no specific portion of the

Special
instructions

of land hypothecated to Government for repayment of Takavi or for other purposes will
be entered in the mutation register.

sale or mortgage money or rent is ascribed to the land entered in the mutation, the portion of the
consideration money to be entered in the mutation shall be in proportion to the share of the total area
transferred that is dealt with in the mutation.

8.14. The instructions laid down in Paragraph 8.65 infra as to entries in the Jamabandi apply to the
register of mutations subject to the following orders:(1) Columns 2 and 8-ln a case of transfer of ownership it will usually be enough to enter the
Jamabandi number. In a case of transfer of tenant's holdings, enter both the Jamabandi and the
Khatauni number thus:-

J.I0
Kh.23
(2) Reasonable abbreviations may be allowed in making entries in columns 4,5, 9 and 10 in cases
affecting a number of holding.s more especially where there are a large number of co-shares
and only one or two of them transfer. The names of the co-shares transferring and their shares
should be entered in detail and the names of others may be omitted with a note:- "Baki Indraj
Jamabandi Badastur," Similarly in cases of transfer of ownership where the tenancy of the

(3)COlwnns,6 and H.-Except w~

to foJlow a different course may be unavoidable, the field
uwnber and area will in both columns be those shown in the last Jarnabandi. If the mutation
relates to a whOle holding this can be (lOted and the total area given without any detail of field
ntunbers.

(5) Colwnns 9 and lO.-If

a sbarerin a jo~t bolding sells or mortgages the wbole or a definite

fraction of bis share, the name of the transferee will be shown in colwnn 9; but if he sells or
mortgages certain fields and gives possession to the transferee, the latter's name mustonly be
sh9wn in column 10, brief explanation of bis occupancy being noted in colwnn 15.

(6) Column 14.__ After a mutation bas been disposed of the mutation fee due should be entered in
both foil and counterfoil by the Revenue OffICeI'~lf.
(7) Colwnos 5 and 10.__ These columns used to show the tenant, but as the corresponding column
of the Jamabandi sbow the cultivator they bave been altered to Correspond.

The Scope of
Mutation

(c) in accordance with facts proved or adnUtted to have occurred. (Section 38 of the Himachal
Pradesh Land Revenue Act, 1954).
Cases of

8.16. In cases of inheritance a summary inquiry into title is necessary on the lines indicated in 5 P.R. of

Inheritance

1912. Where it is claimed that property devolves by reaSon of a will this sbould be treated as a case of
succession by inheritance and the inquiry will include an inquiry into the validity of the will (1934 LL n.

IHheritance
cases of Muslims

8.17. The inheritance cases of deceased Muslims will be governed by the personal law of Muslims and

Succession ()f
Deceased Parsis
llndlndian
Christians

8.18. The succession of deceased Parsis ~d Indian Christians sball be governed by the laws applicable to
these communities under Indian Succession Act, 1925.

Inneritancein

8.19. Since the Hindu Succession Act, 1956 does not apply to the tribal areas in H.P., the inberi~
in
tribal areas is governed by the Customary Law. The Customary Law is generally found in Village
Administration Papers, Rewaje-a-amm and other dOCUl11eDtslike Settlement Reports etc. The Revenue
Officers shall decide the inheritance cases strictly in accordance with the customary law applicable in
these an''''

Tribal Areas of

H.P

Succession of '
deceased Hindus

the Revenue Officer shall attest the mutations of succession strictly in accordance with their personal law
applicable to them.
.

8.20. The succession of Hindus dying interstate shall be governed under the Hindu Succession Act, 1956.
This Act does not apply to the. members of any SCheduled Tribe within the meaning of Section (25) of
Article 366 of Constitution of India unless' the Central Govt. by notification in the official Gazette
otherwise directs.

..Devolution of
Interest In
Mltakshara
coparcenary
property

8.21. When a male Hindu dies after the commencement of the Hindu Succession Act, 1956, having at the
time of his death an interest in a Mitakshara cop~nary
property, his. interest in the property shall
devolve by surviveiship upon the surviving members of the coparcenery and not in accordance with the
Hindu. Succession Act as .laid down under Section 6, of the Act subject to proviso laid down. Section 6
reads as follows:"When a male Hindu dies after the commencement of this Act having at the time of his death an
interest ina Mitakslulra coparcenary property, his interest in the property shall devolve by survivorship
upon the surviving members of the coparcenary and not in accordance with this Act
Provided that, if the deceased had left him surviving a female relative specified in Class I of the
Schedule or a male relative specified in that class who claims through such female relative, the interest of .
the deceased in the Mitakshara coparcenary property shall devolve by testamentary or interstate succession, as the case may be, under this Act and not by survivorship.
Explanation I.-For the purpose of this section, the interest of a Hindu Mitakslulra coparcener shall
be deemed to' be the share in the property that would have been allotted to him if a partition of the
property had taken place immediately before his death; irrespective of whether he was entitled to claim
partition or not
Explanation 2.-Nothing
contained in the proviso to this section shall be construed as enabling a
person who has separated himself from the comparcenary before the death of the deceased or any of his
heirs to claim on it'ltestate a share in the interest referred to therein."
Since the MitaksOara law is a bit complicated, the RevenueOfficers are required to acquaint themselves with the knowledge of the law and decide succession cases of deceased coparceners in the Mitakshara
coparcenary after through study ofthe law on the subject.

Succession to
Right of
Tenancy

8.22. The

succession of right of tenancy is governed under Section-45 of the Himachal Pradesh Tenancy
and Land Refonns Act, 1972. Section-45 is reproduced below:-

(b) failing such descendants, on his widow, if any, until she dies or remarries or abandons the land
or is under the provisions of this Act ejected therefrom; and
(c) failing such descendants and widow, on his widowed mother, if any, until she dies or remarries or abandons the land or is under the provisions of this Act ejected therefrom; and
(d) failing such descendants and widow or widowed mother or, if the deceased tenant left a widow
or widowed mother, then when her interest terminates under Clause (b) or (c) of this section,
on his male collateral relatives in the male line of descent from the conunon ancestor of the
deceased tenant and those relatives.

Mutation of
Devolution of
Tenancy Rights

8.23. No entry showing the person to be a tenant by succession under Section-45 or otherwise will be
made in the record except through mutation (Rule 10-A of the Himachal Pradesh Tenancy and Land
Refonns Rules, 1975).

Control on
transfer of land
to lion-agriculturists

8.24. (a) Under Sub-Section (1) of Section 118 of the H.P. Tenancy and Land Refonns Act. 1972 but
save as otherwise provided in Chapter-Xl of the Act. no transfer (including sale in execution of a decree
of the Civil Court or for recovery of arrears of land revenue), by way of sale. gift. exchange. lease.
mortgage with possession or creation of a tenancy shall be valid in favour of a person wbo is not an
agriculturist. Sub-Section (1) of Section 118 of Himachal Pradesh Tenancy and Land Refonns Act shall
not apply to the transfer of any land by any person in favour of:

(g) a person who has become non-agriculturist on account of the acquisition of his land for an
public purpose under the Land Acquisition Act. 1894 or
(h) a non-agriculturist who purchases or intends to purchase land for the construction of house or
shop. or purchases a built up house or shop from the H.P. State ,Housing Board estai>lished
under the Himachal Pradesh Housing Board~Act. 1972, or from the Development Authorities
constituted under th~ Himachal Pradesh Town and Country Planning Act. 1977, or from any
other statuary corporapon set up under any State or Central enactment; or
(i) a non-agric~lturist with the pennission of State Govt. for the pmpose that may be prescribed.
(b) Definition ofland.

i) Land, the classification of which has changed or has been caused to be changed to 'Gairmumkin", "Gair mumkin Makan" or any other Gair mumkin land by whatever name called.
during the past five years countable from the date of entry in the revenue records to this effect;
ii) Land recorded as "Gair mumkin". "Gair Mumkin Makan" or any other Gair mumkin land, by
whatever name called in the revenue records, except constructed area which is not subservient
to agriCUlture and
iii) Land which is a site of a building in a town or a village and is occupied or let out not for
agricultural purposes or purp~es subservient to agriculture."

An agriculturist has been defined under sectiqn 2(2) of the H.P. Tenancy and Land Refonns Act.
1972 to mean a person who cultivates land personally in an estate situated in Himachal Pradesh.

(i)
(ii)
(Hi)
(iv)

by one's own account;

by one's own labour;
by the labour of any member of one's family; or
under the personal-supervision of one-self or any member of one's family by hired labour or
by servant on wages payable in cash.

8.25. Any transfer of land in contravention of Section 118 of the Himachal Pradesh Tenancy and Land
Refonns Act 1972 is void. The Revenue Officer shall refuse mutation of such void transfer.
Procedure after
Refusal of
Mutation

8.26. (l) It shall be the duty of a Revenue Officer after rejection of mutation to ensure that the land
transferred in contravention of Sub-Section (I) of Section 118 together with structures, buildings or other
attachments. if any is vested in the State Govt. free from all encumbrances. The Revenue Officer shall
take necessary steps to mutate the land in favour of the State Govt. He shall report the matter to the
District Collector for taking possession of the land and structures etc. The District Collector shall take
immediate necessary steps to take possession after giving an oppurtunity of being heard to the effected
parties.

Duty of the
Patwari

(2) If the patwari making an entry in the Register of Mutations under Sub-Section(3) of Section 35 of
the Land Revenue Act has reason to believe that the transaction contravenes the provisions of Section 118
of Himachal Pradesh Tenancy and Land Reforms Act, 1972, he shall make a note of all the relevant facts
in the report column of the said register.

Duty of the
Revenue Officer

(3) Every Revenue Officer conducting an enquiry under Sub-Section (4) of Section 35 of Himachal
Pradesh Land Revenue Act shall examine every transaction into which he has to enquire under the
provisions of that Sub-Section whether a note has been made by the patwari under the preceding sub-paragraph or not in order to make certain that no right which would be invalid under Section 118 of the Act is
entered in the Jamabandi.

Purchase of
Agricultural
Land by a
non-agricUlturist

8.27. Purchase of agricultural land by a non-agriculturist with or without permission of the State Govt.

Regulation of
transfer ofland
in the tribal
areas of
Himachal
Pradesh

under Section 118 of the Himachal Pradesh Tenancy and Land Refonns Act. 1972 does not confer a title
of an agriculturist on the purchaser and such a purchaser shall continue to be a non-agriculturist even
thereafter under Section 118 ibid. In order to ensure that this express provision of law is not infringed by
any-body in the State wittingly or unwittingly, it is necessary that while sanctioning mutation in respect of
such purchases of land. the Revenue Officer should invariably record in mutation that despite of such
purchase of agricultural land and his subsequent cultivation of such land. the purchaser will continue to be
treated as a non-agriculturist. Similarly a note to this fact shall always be recorded in the Remarks Column
of Jamabandis concerning the lands by the patwari and which will be checked by Field Kanungo
(Himachal Pradesh Govt. letter No. 2f(2)-7/87 -Vol-III, dated 27th September. 1989).

8.28. The Himachal Pradesh Transfer of Land (Regulation) Act. 1968 regulates the transfer of land in the
tribal areas of Himachal Pradesh. Under Sub-Section (1) of Section 3 of the said Act no person belonging
to any Scheduled Tribe shall transfer his interest in any land in the tribal areas declared as such by way of
sale. mortgage. lease. gift or otherwise to any person not belonging to such tribe except with the previous
permission in writing of the Deputy Commissioner:
Provided that nothing in this Sub-Section shall apply to any transfer:(a) by way of lease of a building on rent;

(b) by way of mortgage, for securing loan, to any co-operative land mortgage bank or any
,co-operative society, all or a majority of the members of which are persons belonging to any
scheduled tribe;

DisaUowment of
Mutation

8.29.

Every transfer of interest in land made in contravention of the provisions of Sub-Section (I) of
Section 30f the Act ibid shall be void. The Revenue Officer shall refuse Mutation of such void transfers.

8.30. Section 5 of the Act ibid prescribes the procedure of ejectment of the person found in possession of
land in contraveQtion of Section 3 of the Act Section 5 rons as under:"(1) If, as a result of transfer of any land in contravention of the provisions of Section 3, any person,
other than a person belonging to any scheduled tribe, is found to be in possession of that land, the Deputy
Commissioner or any other officer authorised in writing by the State govt. in this behalf, may, without
prejudice to the provisions of Section 9, serve a notice upon such person requiring him to vacate the land
within ninety days from the date of service of the notice and to remove any building, fence or any other
structure which may have been raised on such land.
Provided that if there are any crops actually growing on the land at the time of such requisition, such
person shall be entitled to retain possession of the land until such crops are harvested .
. (2) Every person to whom a requisition is made under Sub-Section (1) shall be bound to comply with
such requisition."
.
RIght, title or

interest held by

persons
belonging to
Scheduled
Tribes in land
oottobe
attached
Dutyofa

8.31. Under Section 8 of the Act no right, title or interest held by a person belonging to a Scheduled
Tribe in any land shall be liable to be attached or sold in executiQll of any decree or order in favour of any
person not belonging to a Scheduled Tribe of any Court except when the amount due under such decree or
order is due to the State Government or to any Co-operative Land Mortgage Bank or Co-operative
Society.

8.32. The

Revenue Officer shall take necessary steps to eject the person found in possession of land in

Revenue Oft1cer contravention of Section 3 of the Act ibid. He shall not attach or sell such land in execution of any decree
or order held by a person belonging to Scheduled Tribe in favour of any person not belonging to any
Scheduled Tribe in contravention of Section 8 of the Act.
Cases of
Transfers

Amdavitbya
person for
acquisition of
land'

8.33. Subject to the provisions contained in Section 118 of the Himachal Pradesh Tenancy and Land
Reforms Act, 1972 and Section 3 of the H.P. Transfer of Land (Regulation) Act, 1968 read with para 8.24
to 8.29 supra, in the case of transfers by gift, sale or mortgage, the patwari should ascertain whether a
deed has been written. If so, he should inspect it, and take a note of its nature, the names of the parties, the
dates of execution and registration if it has been registered, and any other necessary particulars. A brief
- IiOte of these matters should be entered in Column 15 of the counterfoil of the register. The patwari must
not retain the deed in his possession, or take a copy of it. Attesting officers should satisfy themselves that
the particulars ;is to deeds of transfer given in the patwari' s mutations, reports are correct.
8.34.Where

transfer of land by way of sale, gift exchange, lease or mortage with possession o( which
registration is not compulsory under the Registration, Act 1908 (16 of 1908) in favour of a person, 'who is
not an agriculturist as defined in the Act or comes within the exemptions given in Clauses (a) to (g) of
Sub-section (2) of Section 118, such a person intending to secure a transfer of land in his favour shall
swear an affidavit before the Revenue Officer, attesting the mutation, to the effect that he is eligible to,

secure transfer of land in his favour being an agriculturist. The Revenue Officer shall satisfy himself about
the contents of an affidavit by the aforementioned person and shall attest a mutation only if that person is
found~ be an eligible person. (Rule 38(1) of the HoP. Tenancy and L.R. Rules 1975).
DisaUowment of
transfers not yet
carried into ef
fect

8.35. Except in cases of entries of collateral mortgages in column 12 of the Jamabandi, the patwari
should also ascertain whether posses$.ion has passed and a mutatio~ Of transfer by gift, sale or mortgage
or otherwise should not be attested (a). If the transfer is in contravention of Section 118 ofH.P. Tenancy
and L.R. Act i972 and Section 3 of the HP Transfer of Land (Regulation) Act 1968 (b) In.transfer cases
which are not contrary to Section 118 and Section 3 of the Of the Acts ibid mutation shall nor be attested
unless possession is proved fo have actually passed or the parties all agree before the attesting Officer
that possession has passed or the parties have all agreed in a registered document that possession has
passed. Except in cases of void transfers under the law a mutation should not be refused merely because
it is claimed that the alienor has no right by custom or statute to make such an alienation. Such a
transaction is 'fact' unti.Jit is set aside in due course of law.
In the case of a mutation in which it is a condition of the transfer that possession be given after certain
harvests, if the alienor is prepared to give and the alienee to. receive possession on the prescribed date,
attestation should be postponed until such time and mutation then allowed on evidence that possession has
been taken. But, in the event of any dispute between the parties, the attesting officer should refuse the
mutation on the ground that no possession has been given leaving it to the patwari to make a fresh entry in
the mutation register when the Khasrsa Girdawari shows that the change has taken place, or on the report
of one on the parties to the effect.
.

8.36. (i) All mortgages and sub-mortgages, whether collateral or with possession, whether contracted for
long or short periods, and whether by deed or by oral agreement, should be entered in tile mutation
register. Redemptions of such mortgages should .also be entered. Cases of increase of mortgage money on
a previous mortgage though the other conditions of the mortgage are maintained unchanged, should be
entered in the mutation register.
Mutatlonof
Redemption of
'Mustajrl'
mortgages

(ii) In cases of mutations of redemption of 'Mustajri' mortgages the patwari should note in column 13
of this register that amount of mortgage money discharged by referring to the original entry of the
mutation of mortgage. If the register containing the original entry is not in his possession, he should get
the necessary infonnation from the office or the Sadar Kanungo. If for any reason such infonnation cannot
be secured without undue delay, the amount admitted by the parties or proved should be accepted.
Care should be taken to ascertain how the mortgaged land is cultivated, how the produce or rent is
enjoyed and by whom the revenue is paid. Other conditions of mortgages, need not be partiCUlarly
enqnired into, but the amount of the mortgage debt as admitted by the mortgagor should be noted in
column 13 of the mutation register .

Collateral
Mortgages

.(iii) Collateral mortgages though entered in the register are only noted in the remarks column of the
Jamabandi. Nor is the amount of the mortgage debt shown in the Jamabandi.

Second
Mortgage

(iv) Land which is already subject to mortgage is sometimes mortgaged by the tnortgagorto a third
person on the condition that the previous mortgage will be redeemed by the latter. This second mortgage
should be treated as a collateral mortgage and SUbsequently a new mortgage with possession should be
sanctioned when the land is redeemed by the second mortgagee. A sub-mortgage, accompanied by
transfer of possession is treated as a mortgage with possession.

Mutation of
hypothecation

(v) Mutation sbould be entered up in respect of land hypothecated to Government by way of secUrity
for repayment of an advance. If a second loan is taken on the same security it is not necessarY to enter up a
new mutation.

Mortgage of
rights of
cultivation

(vi) Transactions relating to mortgage of rights of cultivation by owners, inV,Q)vethe acquisition of a .'
right and as such mutation should be entered in such cases.

"Settlement" means any non-testamentary disposition, in writing, of movable or immovable property

made __

(b) for the purpose of distributing property of the settlor among his family or those for whom he
desires to provide, or for the purpose of providing for some person dependent on him, or
(c) for any religious or charitable purpose; and includes an agreement in writing to make such a
disposition and, where any such disposition has not been made in writing, any instrument recording,
whether by way of declaration of trust or otherwise the terms of any such disposition.
If an owner of land transfers his holding or its part to all or any of the members df his family for the
purPose of distributing his property either contracted by registered deed or by oral agreement and reported
to the patwari under sections 35 of the H.P. Land Revenue Act, the mutation shall be attested by the
Revenue Officer. It is immaterial whether the registration is effected or not. Mutation ~f such nature can
be attested on the basis of oral agreement under section 38 of the H.P. Land Revenue Act, 1954 if
otherwise legal.

8.36-B "Release" is an instrument whereby a person renounces a claim upon another person or against
any specified property. It predicates the existence of a claim upon another person or against any specified
property, which cJaim the person, executing the document renounces by a deed of release.
The person in whose favour there can be a release, must possess a pre..existing right or interest in the :
property. A release, in law, may be effected either for consideration or for no consideration. Where one
co-owner of a property, by a deed, relinquishes his right to possession and his title in favour of the other
co-owner, such deed is a release deed.
Subject to the provisions contained under section 118 of the H.P. Tenancy and Land Reforms Act,
1972 and section 3 of the H.P. Transfer of land (Regulation) Act, 1968 the mutation of release shall be
attested by the Revenue Officer if a co-owner relinquishes his whole or any part of his claim(share) in
favour of one or other co-owner in a joint ownership either based upon registered deed or oral agreement
entered by the patwari on. the basis of report made to him under section 35 of H.P.. Land Revenue Act. As
mentioned under para 8.1 (5) supra, the Revenue Officer cannot compel the parties to execute registered
deed of Release and Settlement. Mutation can be attested on the basis of oral agreement under section 38
of the H.P. Land Revenue Act, 1954, if otherwise legal.

DisaUowment of 8.37. A Co-sharer in a joint holding,cllnnot transfer by way of sale, gift, mortgage or otherwise specific
transfer of a
khasra number or its share which is not in his possession. The Revenue officer shall refuse mutation of
speciftc khasra
such nature.
number or its
share in a joint
It has been held by F.C. Punjab in Mohinder Singh and others versus Jaswant Kaur and another (LLT
holding by a co- 1972 pages-20-21) that the co-sharers may effect sale in respect of the whole or part of his share in the
sharer
joint holding. He may effect sale in respect of a particular area, which is in his exclusive possession,
subject to the consideration that the sale is not effected in respect of area in excess of his share: But"e
cannot transfer a specific Khasra number from joint holding which is not ill his possession.

Cases of which
mutation orders
must-show
whether the
transfer includes a lihare
in the shamlat

8.38.

(a) Some ~hamlat lands have been vested in the State Government under Section 3 of the H.P.
Village Cornmon Lands Vesting and Utilization Act, 1974, but certain categories of Shamlat lands have
been exempted from vestment. Such Shamlat lands can be transferred by the owners of such lands or the,
landowners'may transfer their shares in shamlat by sale, gift etc.alongwith other lands.
(b) As regards transfers by sale. gift. mortgage or exchange. it is necessary to show whether a share of
the Shamlat is transferred with the land and the following instructions should therefore be observed on this
subject:(1) In cases of sale, gift or mortgage the mutation order should always state whether a share of the
Shamlat is included in the transfer. In cases gf exchange the Shamlat is seldom excluded from
the transfer and nothing should therefore be said about it except where it is excluded when the
fact that it is excluded should be mentioned in the mutation order.
(2) If a deed of transfer by sale, gift. mortgage or exchange does not specifically mention that a
, share of Shamlat is transferred with the land it should be presumed that the Shamlat is not
transferred.
(3) Where a mutation of inheritance, sale. gift, or mortgage covers a share of the Shamlat. the
Shamlat Khata should be entered in the mutation ~o that the mutation of the co-sharers in the
Shamlat may be correctly entered in the Jamabandi
(4) When the mutation does not cover a share in the Shamlat then in colunm 9 of the mutation
sheet and in the ownership colunm of the Jamabandi the new alienee shall b.e shown as Bila
Hissa Shamlat or Malik Kabza so as to secure that at partition he shall not simply by being a
Khewatdar receive a share of the Shamlat to which he has no title. The name of the person to
whom the Shamlat appertaining to this new Khata belongs shall also be recorded in the
column of ownership under that of the new owner with the title Hissadar Sharnlat, and the
Khata of the new holding shall always be incorporated in the Jamabandi immediately below
the Khata of the holding from which it was taken.
In the case of owners (1) whose entire land in any estate has been acquired by Government
without a share of the Sharnlat, and (2) whose land has been partially acquired, the Revenue
Officer shall give a direction in his order to the effect that a note showing the name of the
owner and the area transferred together with the number of the relevant mutation. shall be
recorded in the remark~ colunm of the Jamabani. In the case of (1) this note will be recorded
against the Khewat of Sharnlat and in the case of (2) against the Khewat from which the land
has been acquired. It should also be specifically stated in this note that the owner concerned
will be eBtitled to a due share of the Sharnlat at the time of partition.
(5) When the mutation refers to a mortgage it is only necessary to show the mortgagee
Murtahin Mae Hissa Sharnlat or Murtahin Billa Hissa Sharnlat, as the case may be.

as

(6) Appendix A is an example of the kind of entry which should. be made in the mutation register
when a share of the Sharnlat is transferred. It is not intended that the whole of the Shamlat
Khata, as it stands in the last Jamabandi, should be copied in the mutation regis~er. The
mutation of the share of the Sharnlat should be dealt with as part of the same mutation
proceeding as the transfer of the original holding, but it is a part'in which any of the co-sharers
of the Shamlat have a right to be heard, and a distinct order should be passed by the Revenue
Officer whether the mutation of the Shamlat is sanctioned or not.

Formation of
Allotable and
Reserve Pools
of Government
Lands Vested in
the State
Government
underH.P.
ViUageCommonLands
Vesting &
Utilization Act
1974.

8.39. Entries of a1lotable pool and reserve pool of Government iands (previously Shamlat) after vestment
under the H.P. Village Conmon Lands Vesting and Utilization Act, 1974, shall be made KhasraNumber- "
wise in the Remarks Column of the present Jamabaodi of concerned estate by the patwari. Such entries
shall be attested and checked by Field Kanungo. At the time of preparation of next Jamabandi, two
separate Khataunis shall be assigned to reach Allotable Pool and Reserve Pool in which respective Khasra
Numbers shall be included.
No land from Reserve Pool shall be allotted in any manner or transferred to Allotable Pool without the
prior approval of the State Government (H.P. Government letter No. 10-VI73-B-II, dated 18th November,
1989.)

Vesting of
proprietary
rights in Occupancy
Tenants

8.40. Mutation of vestment of proprietary rights in "occupancy tenants under Section 94 of the H.P.
Tenancy and Land Refonns Act, 1972 shall be entered in the mutation register and decided by the AC 2nd '
grade after making a summary inquiry.

Procedure for
confennent of
proprietary
rights on
,tenants covered
by Sub-Section'
(3) ofSeetion
104 of
Himachal
Pradesh TenancyandLand
Refonns Act,
1972.

8.41. All rights, title, interest in the -tenancy land of landowners who have already under their personal

Attestation of
MutatiQDS

cultivation 3 acres unirrigated or" l~ a~res irrigated land shall vest in the non-occupancy tenants with
effect from the commencement of these roles. -Similarly, the proprietary rights of tenancy land for the
non-occupancy tenants _on Gpvernment land shall also vest in the tenants from the commencement of
these rules (Rule 1,7ofH.P. TeoaocyRules)
"

8.42. 1. The patwari will enter the mutation of ownership in the mutation register in" favour of the
non-occupancy tenants on whom proprietary rights are vested under Rule 27 and the Revenue Officer will
attest the mutation in the presence of the parties.
2. Whether a part of a field number is vested in tenant,tatima shajra of such part will be prepared on
the body of the mutation sheets '(Rule 28 of Rules ibid). ""

Entry of bar of
transfer of
lands acquired
under Section
l04ofH.P.
.Tenancy and
L.R. Act 1972 in
revenue records

8.43. Whenever a tenant acquires proprietry rights of-relevant land under Section 104 of the Himachal
Pradesh Tenancy and Land Reforms Act,-1972, such land is not subject to transfer upto 10 years under
Section 113"ofthe Act The patwari shall record a note in the Remarks column.of Jamabandi the date of
confennent of propriety rights with number of mutation and the date on which the period of 10 years, shall
be over for the purpost? of Section 113. Such. note shall be checked and attested by the Field Kanungo
immediately after the sanction of mutation (H.P. Government letter No. Rev. 2-F(2)-7 /87 -Vol-III, dated
17th Sept., 1989).

Mutation based
on order of
,.resUmption
under Rule 24
ofH.P. Tenancy
and Land
Reforms Rules,

8.44. The onler of the Land Reforms Officer passed under Rule 24 shall be given effect to by way of
mutation on the expiry of the period of limitation prescribed for appeal and revision in Section 114. There
will be two mutations in each case, one for extinguishment of tenancy rights and the other for extinguishment of ownership rights of land in question. The' mutation fee chargeable on these mutations wiH be the
same as that for giving effect to a decree of a Civil Court (Rule 25).

1975
Detennination
of dispute under
Sub-Section (4)
of Section 104

8.45. If there is a dispute regarding the entries of the land records, the Land Reforms Officer, in his
capacity as an Assistant Collector of the First Grade, shall decide the dispute under Sub-Section (4) of
Section 104 in accordance with the relevant provisions of the Punjab Land Revenue Act, 1887 (17 of
1887) or the Himachal Pradesh Land Revenue Act, 1954, (6 of 1954) as the case may be. The disputes of
such cases will be determined on a summary inquity on the files.

Mutation in
Connection
with consolida-

8.46. In respect of.consolidation of holdings two mutations should be entered, namely one of 'Ishtarak'

tion of holdings

showing the separate holdings affected by the consolidation as the joint property of the
those holdings and the other of partition showing the area allotted to each owner or group
fee shall be charged on the ftrst mutation. 'Ishtarak' nor on the second mutation 'Taqsim'
entry of transfer of holdings between tenure holders on the analogy of the onlers contained
of Appendix XIV to the Settlement Manual.

Treatmeut of
right of absen-

8.47.

tees

proprietors of
of owners. No
relating to the
in paragraph 7

(1) Rules regarding the omission from the Jan13bandi of the names of persons entered as Ghairhazir or Ghair-kabiz or given in paragraph 281 of the Settlement Manual, Sub-Clauses (1) and (2), and
should be carefully followed.

(2) When a right-holder, entered in the reconl of rights or annual record as ghair-hazir or ghair-kabiz
has been heard of within seven years but has been so entered for more than twelve yearS, the patwari shall
enter the case in his register of mutations and shall report it to the Revenue Officer.
(3) When a right-holder, entered in the record of rights or annual recorded whether he is not described
therein as an absentee (ghair-hazir) or as out of possession (ghair-kabiz) has not been heard of for seven
years by those who would naturally have heanl of him if he had been alive, the offtcer attesting a mutation
may (unless he sees reason to the contrary) presume that he is dead and pass orders on the case accordingly; but before onlering the omission of his name from the record of rights or annual reconl,such officer
should satisfy himself that all reasonable endeavour has been made to ascertain whether the absentee is
alive and to give him.an opportunity of appearing.
(4) No new entry of anyone as ghair-hazir should be made. A right-holder should not be entered as
ghair-kabiz if he is himself in legal or constructive possession, as when he has put some one else in
possession on his behalf, or the land is lying waste, or he is by reason of poverty unable to cultivate it. A
familiar instance would be where a sepoy has left his land in his brother's possession while he is with his
regiment. In such a case the sepoy should be entered as in possession of the land through his brother. An
entry of ghair kabiz should not be made unless some other person than the right-holder is in adverse
possession.
(5) No effect shall be given to any order (1) directing the omi$sion of the name of a right-holder who
has been ente(ed as ghair-hazir or ghair-kabiz or (2) directing the entry of a right-holder as ghair-kabiz
until such onler has been confmned by the Collector.

new entry of this description should be made, but when this entry exists it should not be altered except by
mutation sanctioned by the Collector.

(i) In mutation cases dealing with lands of deceased proprietors who have left no apparent legal
or customary heirs or successors, the mutation should be disposed of by the Collector of the
District.
(H) Where such land is occupied by persons including mortgagees who have been in cultivating
possession of the land continuously for 30 years or more, and the possession has been
recorded in Jamabandi, they should be given the option of acquiring proprietary rights on
payment of a sum equal to 96 times the annual land revenue and cesses.
(Hi) When such land is occupied by any persons whose possession though less than 30 years'
standing is recorded in Jamabandi, it should be offered to them at the market value if they are
willing to purchase it.
(iv) Where escheated land has been occupied by a tenant or tenants, the proprietary rights shall be
conferred upon them under Section 94 or Section 104 of the H.P. Tenancy and Land Reforms
Act, 1972, as the case may be.
. (v) If the land is unoccupied, the nearest collaterals (not being legal heirs)of original owner of the
land if proved, should be given the option of purchasing it at its market value.
(vi) In case there are no occupants or in case the occupants or proved collaterals are unwilling to
purchase the land on the conditions stated above, the land should be put to auction and given
to the highest bidder .
.(vii) In case of doubt on any point, the Deputy Commissioner may refer the case with his own
opinion to the Financial Commissioner (Rev), H.P. for decision. The Financial Commissioner
may pass such orders as he deems fit.
(viii) The Financial Commissioner may at any time call for the record of the case pending before or
disposed of by the Deputy Commissioner and pass such orders as he thinks fit.
Mutations
resulting from
assignments

The proceedings preliminary to orders creating or resuming assignments of land revenue, or continuing them to successors or .transferees, are not entered in the mutation registers, but are recorded in separate
files to which the Patwari has no access. Nevertheless, the Patwari's Jamabandi must contain accurate
entries relating to all assignments, and the proper mutation fees must be levied. It is, therefore, necessary
to instruct the patwari as to the entries to be made in each case, and to provide for the levy of the mutation
fee due on the entry .

When a final order is passed in any case of this class, it will be communicated by Parwana to the
Tahsildar. This Parwana, after the usual recital of the substance of the order will direct the Tahsildar to
correct the village papers accordingly. To this end, it will state the entries to be removed and those to be
substi~uted in the annexed form:-

10

Ifland is assigned. details thereof. viz.

Area of land assigned

1l .~

"0

1
'
-8

l>Il

,S

,~

~
]

...

~
l
Ii;;;

Z !Q

~
:a
;
~

..eos

os
>
';:I

.,rl

os
>
"3

';:I

!Q

6h~
';;;
; e
!Q;:

.,

os

!!l ~

.;:; s.s

:l ';:I ~
:l

S>t:::e

>

e
"0
c:l

.;j [,ra 1l

~ 'i ~ 5l

00(

e,~ 8

os.,.sc

~:; s,~

c ~ '.!j

ge ,~.,

!!l

l(l

~]
- ...
c-

5=

00(

E!;

Entry to be
corrected
Entry to be
substituted
.

Date of order and

by whom passed

The Tehsildar will send the Parwana on receipt to the field Kanungo of the circle in which the case
has occurred. directing him to transcribe the Parwana in red ink in the appropriate columns of the m\ltation
register of the village concerned. attest the entry as a true copy, and return the Paiwana with report
endorsed to the Tahsildar. When the Kanungo has done this. the Patwari will incorporate the new entry in
the nextJamabandi and also include in his nextlist of mutation fees the fee due on the entry.
Disposal ofland
vested in State
Government
under Sub-Section (2) ofSeclion 104 of the
H.P. Tenancy
, and L.R. Act,
1972.

8.50.

(1) In case the landowner fails to bring under Personal cultivation the land reserved by him under
Clauses (i) and (ii) of Sub-Section (1) of Section 104 within one year from taking over the possession of
the land, the Patwari shall make a report to the Land Reforms Officer of such failure. On receipt of such a
report the Land Reforms Officer shall issue a notice to the landowner to show cause within fourteen days
from the receipt of the notice as to why the land shall not vest in the State Govenunent. On hearing the
landowner. if the Land Reforms Officer comes to the conclusion that the landowner has failed to cultivate
the land without sufficient cause then he shall pass an order in writing under Sub-Section (2) of Section
104 that such land vest in the State Government. The Land Reforms Officer may also order payment of
amount to the landowner at rates prescribed in Sub-Section' (2) of Section 104. He shall also take
possession of the land on behalf of the State Gl,wemme'n! and shall cause to make entry in the revenue
records to this effect.
(2) On vestment of the land in the State Govenunent under Sub-Rule (1), the Land Reforms Officer
shall sUl)lIIlon'the tenant from whom the landowner resumed the land for personal cultivation and shall
give him an option and' the frrst choice to acquire the proprietary rights of the land on payment of the
amount at the rate prescribed in Sub-Section (2) of Section 104.
(3) In case the tenant agrees to acquire ownership rights of the land under Sub-Rule (2) he shall be
asked to pay the amount in lump sum or in such number of six monthly instalment not exceeding ten
during the period not exceeding five years from the date of order of the Land Reforms Officer. The Land
Reforms Officer shall at the same time pass an order for the delivery of possession of the land to such
person on payment of 1st instalment of the amount who acquires the proprietary rights under this SubRule.
(4) In case the tenant does not exercise option under Sub-Rule (2) then the land will be allotted in the
following order of preference on payment of 96 times the annual land revenue plus rates and cesses

(c) to members of scheduled castes and scheduled tribes. (Rule 26 of the H.P. Tenancy & L.R.
Rules 1975).
Relinquishment
ofland under
section 31

8.51. (1) if a non-occupancy tenant wants to make a voluntary surrender of his tenancy land in favour of .
the Government under Section 31 of the Tenancy & L.R. Act, 1972, he shall apply to the Collector in '
Fonn LR 1. On receipt of the application, the Collector shall record the statement of the tenant and after
having satisfied himself of the fact of voluntarily relinquishing, pass order that the tenant has voluntarily
surrendered his tenancy land in favour of the Government Thereafter, the Collector shall cause the taking
over the possession of the land through the Tahsildar concerned in favour of the Government.
(2) On having taken over the possession of the tenancy land under Sub-Rule (I), the Collector shall
cause the necessary entry to be made in the Land Records substituting the right of the Government on the
relinquished tenancy in' place of the tenant and shall take possession of the land on behalf of the State
Government.
.
(3) The Collector shall sub-let the land to thelandless agricultural labourers or to those tenants whose
land holding shall fall short of one acre as a result of resumption of tenancy land by the landowners under
Sub-Section (1) of Section 104. (Rule 12 of the H.P. Tenancy & L.R. Rules, 1975).

Cases where no
matatlons are
necessary

8.52. ,With the following exceptions, no mutation rights can be incorporated in the Jamabandi until a
revenue officer has sanctioned it by an order recorded in the mutation register. The Jamabandi entries
concerni~g holdings in which mutations have occurred, but on which no order have been passed will
remain unaltered (see also para 8.65 infra.) The only entries in the Jamabandi for the variation of which in
subsequent records no mutation need be entered in the registers, are the following:-

(ii) In column 4- .
(a) the name or the father's name when it has been legally changed, but in such case the fonner
name shall continue to be shown also preceded by the word alias' orfonne.rIy' (Urf),

(c) the place of residence,

(d) the omission of the word minor' and of the name of the guardian under paragraph 8.65 (4)
infra of the Jamabandi fonn,

(v) (a) Entries in columns 7 and 8 "field number" and "area" and "soil" resulting from map
correction (Chapter 6 on SurVeys) or from measuremenis in connection with alluvion and

diluvion or with fluctuating assessment,

(b)co!1.eCuons in addition of the area, where the area of each field has been correctly shown,
but the total bas been wrongly added up.
(vi) Undisputed entries in column 9, relating to rents of tenants at-willaridenbies
suanCe of an order passed by the Revenue Officer.

made in pur.

(vii) Enbiesin column 11 "Demand" provided that the variations are supported by an order by the
Collector, or higher authority.
.
(viii) Enbies in column 12, "Remarks," relating to the matters specified in instructions relating to
the column given in paragraph 8.65 (10) Infra, provided that new remarks shall be limited to
such matters, and provided further that enbies relating to the rights of mortgagors .or
mortgages or assignees of land revenue or the user of tree~ of grass sball not be varied without
order being obtaining in the mutation register.
(ix) Enbies, in column 19 "Remarks" of the fonn of Jamabandi Abadi of particulars relating to
cases of allotment of Government land required by the last sub-paragraph of paragraph 8.71
(19) infra.
.
Orders for the
correctioD of

cI~ricaimistakes iDrecords
to be obtaiDed
oDtheFard
Radar

8.53. (a) Jamabandi entries not enumerated in preceding paragraph should not be varied in subsequent .
records without fll'St obtaining orders for their variation on mutations entered for this purpose except
where the variation merely consists in the removal of a clerical mistake that is to say, of a mistake which
has been made in copying the enbies of the Jamabandi into another or in incorporating a mutation in a
Jamabandi and the correction of which does not involve the alteration of any mutation' order. Subject to
the exception noted below, orders for the correction of such mistakes in subsequent records should be
obtained on the Fard Badar, the fonn of which is given below:-

Serial No.

No. of holding
in last
Jamabandi'

No. of holding
in new
Jamabandi

Patwari's report

Field
Kanungo's
. report

Naib Tebsildar/
Tebsildar's
report

Orders of the
collector

~
'.;

CertaiDCOrrectiODS
through Fard
Radar forbiddeDaDd atte~
tioDofFard
Radar by the
Collectorete.

(b) Contested Co"ections relating to right, litle and interest, dimensions (Karu Kans), shares and
calculation of an area of a kh.No. shall not be done by way of Fard Badar. Fard Battars shall only be
auested by the Collector.'
.

Whenever a clerical mistake is detected in the current Jamabandi after it has been fmally attested and
ftled. whether that mistake was originally made in that or any previous Jamabandi, the patwari should
make the necessary entries about it in the fll'St four columns of the Fard Badar. His report in the fourth
column should be as brief as possible. For instance, if any field has been omitted by mistake from any

holding the report should merely state that such and such field has been omitted. The Field kanungo
should, from time to time, examine the Fard Badar entries and enter his own report in column 50f the
Fard Badar. His report should also be as brief as possible and where he frnds that he has nothing to add to
the patwari's report, he should merely put his signature in this column. In reporting upon any Fard Badar
entry, the Revenue Officer (Naib Tehsildar/Tehsildar) should see whether it actually relates to a clerical
mistake which under the present instructions, should be dealt with in the Fard Badar, and if he finds that it
relates to such a mistake, he should report the correction of the mistake in question in cohmm 6 and the
Collector shall attest the Fard Badar, otherwise he should report that the Fard Badar entry in question
should be cancelled. It will not be necessary to hear the parties concerned in connection with the disposal
of Fard Badar entries.
The only clerical mistakes in Jamabandi entries, orders for the correction of which in a subsequent
record should not be ob1ained on the Fard Badar, are those which cannot be conveniently described in the.
Fard Badar. The difficulty of describing a clerical mistake in the Fard Badar may, for instance, arise where
the mistake relates to the share of an owner whose name enters into several different combinations in the
Jamabandi entry relating to the holding~
A few blank sheets of the Jamabandi sizes will be stitched to the patwari's copies of each Jamabandi.
When the next Jamabandi is prepared a copy of the Fard Badar attested by the Field kanungo will be
attached to the Government copy of that Jamabandi.
Checking of

(c) The Collector and District Revenue Officer should examine Fard Badars from time to time in
. order to see that the procedure prescribed in connection therewith is properly understood and followed by
the subordinate revenue staff.

Fard Radars

Mutation of cor
rection not to be
made

8.54.

When an entry has beel) incorporated in the Jamabandi a mutation should not be entered up or
sanctioned for the purpose of correcting it, except to correct a clerical error (where this cannot be done by
a Fard Badar), or in consequence of a patent fact. The party aggrieved by such an entry must seek his
remedy by suit, (L.L.T. 1934, page 2.)

8.55. If a patwari finds, when entering a case in the mutation register or otherwise, that a person whose
statement is essential for the disposal of the case, is residing outside the limits of the Tahsil, he should
write up on interrogatory which may conveniently be in the following fonn:Interrogatory in the name of
son of

, Village

son of

, tehsil

District
7

6
Name of village with
HadbastNo.
.

Name oftehsil
district

and

gos

l;

~t:

.:=
~~
~~
o ~ i:'
""''',s
a f:! os

6~

~ e.s

g~
o

-~
~~
...os

iis

gO

.!l

The patwari will fill in cohmms 1 to 4 of this statement and then despatch it to his Field Kanungo,
nothing the fact in column 14 of the mutation sheet. The Field Kanungo will add his signature in COIUnYl 4
of the .form and send it on to Tehsildar. In coluOU16 of the Tehsildar will address the Tehsildar or other
officer in whose jurisdiction the person is residing, or if the interrogatory has to be sent through the
Deputy Commissioner, will write his report. The Tehsildar addressed should himself, as far as possible,
take the statement of the person concerned, but may depute the Naib- Tehsildar or the Field Kanungo of
the circle to do so, to avoid delay. The date of receipt and despatch of interrogatories should be recorded '
in the despatch book of every officer through whose hands they pass.
Tehsildars and
Naib- Tehsildars
to examine all
mutations

(a) Tehsildars and Naib-Tehsildars, on visiting a village should examine all mutations in which
interrogatories have been issued and either decide such as are ripe for decision and the parties are present,
or arrange for the decision of the mutation on the next suitable occasion.

Period for
replies to interrogatories

(b) Replies to interrogatories should generally be awaited three months if the enquiry is to be made
within Himachal Pradesh and four and five months in the case of persons residing elsewhere, but it is left
to the discretion of the attesting officers to wait longer in particular cases for special reasons.
An interrogatory may also be issued under the orders of the attesting officer for the examination of a
person residing within the limits of the Tehsil if the officer thinks is that such person cannot attend
without an amount of expenditure and inconvenience which would be unreasonable in the circumstances
of the case. No interrogatory should, however, be issued for the examination of a person residing within
the limits of the Tehsil unless such person resides at a distance of more than 40 kms. from the village to
which the mutation relates. An interrogatory issued under this clause should be entered on the same form
as that prescribed for other interrogatories and should be addressed to the Tehsildar who. after taking or
having taken the statement of the person concemed, will retum it to the Field Kanungo, the dates of
receipt in and despatch from the Tchsil being enkred in the despatch book. In the absence of any special
reasons replies to interrogatories issued within the limits of the Tehsil should not be waited for more than
three weeks.
In order to see that prompt action is taken on interrogatories, inspecting officers should devote
particular attention to ascertaining that interrogatories sent from other districts are promptly dealt within
the district concerned. The Tehsildar should at the close of each month send a list to the Deputy Commissioner showing the interrogatories received in his Tehsil which have not been returned to the Tehsil or
district concerned as well as the dates of their receipt. The Deputy Commissioner should scrutinize these
lists and take disciplinary action in cases where he finds that unnecessary delay has been allowed to occur
in the disposal of these interrogatories. A separate despatch register should be opened in each Tehsil office
for entering interrogatories only. This register will be kept by the office Kanungo who will enter in it all
interrogatories issued to or received from bther Tehsils. He will divide this register in two parts. In one
part he will enter the interrogatories issued from his Tehsil and in the second part those received from
other Tehsils, in the last column of the register will be entered the date on which the reply to the
interrogatory has been received or the date on which a reply has been sent to the Tehsil from which the
interrogatory was received.

Procedure~
regards
registered deeds
of transfer

8.56. Registrars and Sub-Registrars send monthly to Tehsildars particulars of all registered deeds which
purport to transfer agricultural land. The office Kanungo forwards these slips to the Field Kanungo of the
circle who 4istributes them to the patwaris concerned. The form of the notice is as follows:-

.;

OS

l'

c'"'

i~i
',is'

B]

~'ill
. l!l

~~

,S] '

~"OS -

~"O

'-~
.s

.~]
os

.....

E 09

~.=

os 1

os]

"0

.s

=Bj
e ~

"0

09]

i ~

I-.i

zIi ,;
U

H~

1,'g

I! Ii
< i

i B -] 0:j'~ ~ B IaN .
z .!.s H'!i
t!

~li ....
'j~

. ~!le
.
!"Uj.
1 J.'
Hf'
fl ",,g],
H s.JJ E
os :sIl,; ] ~ 1. !~
0
~]
~

]
~~

....-5
0 ..
.!l

~'i
ot

z .'

5
Remarks

.'

Serial No.

Number of deed

Name of village

Date ofField Kanungo's report

returning the registration
memo to the
tehsil office
.

24

25724

Rampur

10th March 1990

.~
~
~

Where a deed is not to take effect iJnmediately but after a specified period, this fact should.be noted'
in the column for remarks.
.
(i) A file should be kept of all invoiees received during the year and a fly index will be attached
to it in the fonn usually adop~ for miscellaneous files.
(ii) .The registration memoranda should then be sent to the Field Kanungo, who will distribute
them to the various Patwaiis for entry in their mutation register in the usual way. The information in the memoranda is sufficient to enable the patwari to enter up the transfer in his register
of mutations as soon as he receives them without reference to the transferee.
(Hi) When the Field Kanungo hands over the memoranda to a patwari the latter should make a note
<. of the fact in his diary recording the serial numbers of the sheet received by him. The entry
should be signed by. the Field Kanungo. The patwari will thin enter" up in his register the
mutations detailed in the memoranda and endorse the fact of entry on the memoranda giving
the serial number of eachmutati()n and the date of entry. On his next inspeetionthe Field
Kanungo will see that this has been done and after comparing the entries in the mutation
~gisters wi~ the memoranda, will sign both and himself .forward the latter to the office
Kanungo. If a memorandum contains land situated in more than one patwari circle the Field
Kanungo will take similar' action as regards all the circles concerned before forwarding the

(iv) On receipt of the memoranda from the Field Kanungo the office Kanungo will place them on
the file together with the invoice covering them. In the "remarks" column of this he will note
the date of receipt Thus he.will be able to detect any delay in the return of the memoranda and
bring it horne to the responsible official.
(v) When all the ~oranda
appertaining to an annual file bave been returned by the patwaris a
note of the date on whicb the last memorandum is received sbould be entered on the fly index.
Tbe annual file wbicb will then be complete sbould be kept in the Tebsil and destroyed on the
expire of one year fmm such date.

8.57. (a) The scale of mutation fees fixed by the local Government under the authority given to it by
Section 39 of the Himachal Pradesh Land Revenue Act is stated in Himachal Pradesh Government
Notification No. 10-9/69-Rev-A of September, 1992 which is reproduced below:-

NOTIFICA
TION

In supersession of the Himachal Pradesh Government Notification No. 10-9/69-Rev-A dated the 7th
May, .1980 and in exercise of the powers conferred by Sub-Section (1) of Section 39 of the Himachal
Pradesh Land Revenue Act, 1953 (Act No. 6 of 1954) and all other powers enabling him in this behalf, the
Govemot, of Himachal ~esh
is pleased to fix the following scale of mutation fees for the purpose of
that item/section with immediate effect

1. When the entry related to the

acquisition of a right or interest
by a registered deed or by a
decree or order of a Court or by
an order of Revenue Officer
making or affmning a partition
under Chapter IX of the Land
Revenue Act, or directing the incorporation in the record of a .
Private partition.

A fee of Rs. 2~00 (Two) shall be charged on

each proprietary holding subject to maxi- ,
mum of Rs. 10 (Ten).

2. Wben the entry relates to the

acquisition of a right or interest
by inheritaDce.

One rupee per holding subject to maximum '

ofRs. 5.00 (Five).

3. When the entry relates to the

acquisition of a right or interest
not otherwise provided for in
paragraph 1 and 2 above.

One rupee per holding subject to maxiniiun

of Rs. 8.00 (Eight).

Provided that the attesting officer may reIriit the fee on any rejected mutation when in his opinion it
would not be proper to recover it from the person in .whose favour the mutation. was entered .
. S. In-any case in which the fee payable under the foregoing provisions is found to be excessive in
amount with -reference to the value of the right or interest transferred or for any other reason, the
Commissioner may either remit the fee or reduce it to such amount as be deems to be reaSonable.
6. Notwithstanding anything contained in the preceding paragraphs, no fees shall be charged -in
respect of entries relating to the acquisition of a right or interest by the Bhudan Yagna Board or the
- Bhudan holder under the Himachal Prade,sh Bhudan Yagna Act, 1954 (Act No.2-of 1956) or by inheritance intbe property of any person, in any of the naval, military or air fOlCes of the Union of India:~
(a) who is killed on active service in the Second World War; or
(b) who receives a wound or is involved in an accident or contracts a disease while on such
service and dies within twelve months as a result of such wound, accident or disease.
8.S7(b) Mutation fee can be legally levied only from the person in whose favour the mutation entry is
made: In the case ofa rejected mutation, the Revenue Officer may remit the fee for any specia. reason to
be specified by him in the order. In the case of every rejected mutation whose fee is not thus remitted, the
order should give the name of the transferee from whom it should be recovered. This precaution is
necessary in ordet to ensure that the fee is not recovered from the person from whom it is not legally
. recoverable.
The portion of the order refeDing to the recovery of mutation fee may be corrected by the Revenue
Officer who passed the order, by his successor, or by a superior officer, Jor reasons to be recorded in
writing.

Payment of fees
into the treasury

8.58. Each year in the month of September the Patwari should prepare for each village in.his circle a list
of the fees due on mutations attested during the past year and of the person from whom fees are due. He
should also give full detail of the amount to which the various Patwaris are entitled as their respective
share. After the Field Kanungo has co~leted the check' prescribed by paragraph 8.60 infra the Patwari
will, after revising the list, if necessary, make it over to the Lambardar whose duty it is to pay the amount
of the fees, when the fIrst instalment of the next kharif land revenue is due, less any share to which the
Patwari is enWed. The Lambardar will pay the share of the Patwari incbarge of the village and will. obtain
a receipt for the same. The share of other Patwaris, if any, will' be deposited by him into the treasury and
placed in revenue deposit and the Tahsildar will arrange for its disbursement among the rightful claimants.
The receipt obtained by the Lambardar for the amount paid to the Patwari must be produced by him when
. fees are paid into the treasury and !p its absence no deduction on account of Patwari's share of the fees
will be allowed by the Tahsildar. In case of the absence, death or transfer of the patwari entitled, or in case
of a dispute as to who is entitled, the Tahsildar on the application of the absentee or by a disputant, shall
keep the money in deposit pending the appearance of the absentee or the rightful claimant or settlement of
the dispute. The patwari's share oftbe mutation fee shall otherwise not be put in deposit
. Any over..payment made to a patwari on account of mutation fee should be recovered by deduction of
this amount from his next pay bill under the orders of the Collector. Recovery of any amount of over-payment from a dismissed patwari may be made from his special Provident Fund.

Patwarl's share

towhomdne

8.59. The share of the mutation fee to which the patwari is entitled should always be paid to the man who
enten the case in the mutation register and not to the man who incorporates the sanctioned entries in the
Jamabandi.

Entry of fees in
lists

8.60. In order to secure the correct entry and collection of nwtation fees, the patwari when preparing the
lists referred to in paragraph 8.62 (v) will enter in red ink over the serial number of each mutation (column '
4 of the lists) the arIl0unt of fee acCording to the nwtation sh~ts, and at the bottom of column 4 will enter
the total demand of the village. It is the duty of the Field Kanungo whed checking Jamabandis. in the
Tehsil (see paragraph 8.86 infra), carefully to check these entries with the original sheets of accepted and
rejected mutations, and to certify that they are cmrect The entry of amount of the fees in statement 5 of
the village note book should be discontinued. Any mistake discovered by the Field Kanungo should be
communicated by him at once to the patwari who will then complete the lists referred to in paragraph 8.58
supra.

OfIlce

8.61. As soon as the Field Kanungo's check is completed the office Kanungo will prepare a statement in
Kanungo's state- duplicate in the form below:.
ment ofmutation fees

Number of mauza

Name ofmauza

..

Explanation-Give

holding.

Total mutation fees

due from each estate

Deduct patwari's share

Balance to be credited
to government with
fustkharif instalment
of land revenue

against each mauza only the total sum due from it not the fee due from each
.

One copy of the statement should be sent by the Tehsildar to the Collector as soon after the end of
September as possible for incorporation in the running register. The other copy should be made over to .the
Tehsil wasil baqi navis in whose custody it will remain. It will then be the duty of the Tehsil Wasil Baqi
Navis to see that the fees are realized and credited in the Tehsil accounts as above directed.
.
Disposal of
forms containing mutation
. orders

8.62. The following instructions prescribe the method of disposal of forms containing mutation order:-

(i) Each patwari will be provided with two counter foil registers, the one for accepted, the other
for rejected, mutations. This register wiDbe in the following form in duplicate. except that the
last column will only be in the foil:-

'r"'

Particulars of mutation

~i

"~-

~
~

o iii'S

] .
~~0

~!
::Z::'>

8'::I

:!~8

'cl

]
~

=I-a ~

'cl

~~~

j
'"

.~
s

=e

'cl

i
Z

~0

,~

'5

,,9OIl

'cl

'cl

'cl

,~

,~

"l

"l

:~

r=~ ~=
j.:.c
,~~

,90

~'cl
'cl~

~!

0';;;

(ii) On each occasion that he attests the mutations of a village, a Revenue Officer sbould bave the
mutation sheets, on which ordersllave been passed, arranged in serial order in two bundles,
the one of accepted, the other of rejected mutations, and he sbould order the patwari to enter
the necessary particulars in the registers aforesaid. The fons should then be detached from the
counterfoils .and affixed as indices to the two bundles, eacb of wbich should be stitched
together with stout thread.
(Hi) The bundles of sbeets should then be despatched or personally made over by the attesting
officer to the Tebsil office Kanungo. Attesting officers are responsible for the safe custody of
the sheets until they are so made over and should be very careful to prevent their loss.
(iv) On receiving the sbeets the office Kanungo will check them with the indices, sign the letters
and tben place both sheets and indices in an almirah, where be will arrange them in files by
field Kanungo's circles act! between bOard tied round with tape or string. Within these boards
the sbeets should be arranged by patwari's circles, those of eacb village being placed together,
along with their indices in the' order in wbic&they reacb the office Kanungo. Tbe files of
accel1led and rejected mutations in each Field Kanungo's circle should be kept distinct and on
separate shelves.
(v) After June 15th the patwari sbould prepare tw:>lists in the form below of all mutations attested
during the year for each village in his circle. One list will show accepted, the other rejectec,
mutations.

1
HadbastNo.
and name of
village

Total number of Total number of

mutations
sheets

Number.of
mutations in
serial order

Signature of
Patwari

Signature of
.,Jebsil office
Kanungo

Remarks

These lists should be prepared from the counterfoil register described in paragraph 8.4 supra and after
being checked with the register of mutations should be sent to the Tehsil not later than August 1st, a copy
of entries in the frrst four columns being retaine<i by the patwari in his diary.
(vi) On receipt of these lists the office Kanungo should compare -them with the mutation sheets in
his custody, arrange the latter in their serial order remove and destroy their indices, sign the
lists in column 6 in token of their correctness, and attach them to the bundles of sheets to
which they refer.
(vii) As soon as a Jamabandi is med, the office Kanungo should make over the accepted mutation
sheets of the village in question to the Field Kanungo and take his receipt in the last column of
the list which is attached to those sheets and he will retain. The sheets will then be attached by
the Field Kanungo to the Jamabandi.
(viii) The lists containing the receipts of the Field Kanungos should be made into Kuliat f1les, one
for each Field Kanungo's circle. Each me should be indexed and the lists which it contains
should be arranged by the serial order of the 'hadbast numbers' of the villages to which they
relate. The files should be destroyed after five years, that is, after the next detailed Jamabandis
have been prepared.
(ix) The rejected mutation sheets of any village for which a Jamabandi has been prepared should
be sent to the district record room along with that Jamabandi and the lists attached to them,
These sheets should be kept in the Land Record Office for fIfteen years and then destroyed.
DisposalQf
miscellaneous

8.63. Petitions and exhibits should be returned to the parties by the attesting officer. If depositions are
taken by commission the essential part of them should be very briefly incorporated in the attesting order
so that the mutation sheet be complete in itself. Any papers which cannot be returned should remain
attached to their proper mutations. When the Jamabandi of any village is ftled the miscellaneous papers
should be removed from the sanctioned sheets of mutations and made into distinct ftles one for each
Kanungo's circle. These should be kept with the files mentioned in paragraph 8.62 viii) and destroyed
with them after 5 years.

papers

:
~oo

l;
~ III
5]
0

Z
1;1

l:2

'~

~3
~~ g
., ., c

z~~t
c

,g
0-

'
-8

,g
0-

'
-8

~>

',:1

~..

....0

.,
a
e...,

~0',:15
-OIl
"

- :~

~
>

...,

:a

~ ~
2'~

>.-

c
00

~]

10

11

~
]

'C

~
~~

......"

.;;8
~ c

5.!!

(I)

.,

., 1;l
.,

00

e=
8'0

~ i!
..cOO

12

] g

8 ~

.~

.,

~
~
~

Note:-The fonnmay be altered with the sanction of the Financial Conunissioner to meet the requirements of any particular district or tract. For canal colonies in particular a special fonn will generally be
found necessary (see the fonn in para3J'lph 8.70) and in other districts it may prove advi~able to effect
minor alternations. Thus if there are two classes of owners, superior and inferior a COlUflUlto show a
superior owner can be inserted between column 3 and 4. A column'may, if necessary, be added for
"date-trees" liable to assessment. In tracts under fluctuating assessment this fonn may be used or the
alternative fonn given in paragraph 7.45 infra, as may appear more suitable. In the case of urban lands to
which the Himachal Pradesh Land Revenue Act applies, the ordinary.foml should. be adopted, but it
Should be divided into two parts, namely, (a) for agricultural (zarai) and lb) for urban (sakni) lands. Lands
specially assessed as potential building land as in Shimla, should be c~ssed in the former but distinguisbed from other agricultural land by the addition of the word 'qabil tamir.

Special instructions relating to

the Jamabandi

8.65. (1) Column' I-The Khewat number is the number of owners holding. Except as provided in
paragraph 8.38 Supra, arrange owners' holdings in the order in which the names of owners are given in
the village genealogical tree (Shajra nasab). Muafi holdings must not be collected at the end of the
Jamabandi. Each should be put in the place to which, with reference to the order of ownership, it belongs.
A mortgagee in actual possession, and paying the land revenue should have Khev.'at and not a Khatauni
number, except as provided in Clause (5) Infra.
(2) Column 2-The Khatauni number is the number of the holding (Khata) of the person responsible
for the cultivation. Enter in order all the holdings belonging to each Khcwat Humber showing first the
holding, if any. cultivated by the owner humelf ( Khudkasht), next the holdings of occupancy tenants,
lastly, those of tenants at will. If a tenants holds land under one owner, part in occupancy right and part as
a tenant at will, the whole may be entered as a single holding1 the field held under each tenure, and if
necessary, their rent, being separately detailed,. Where there are several tenancy holdings under onc
proprietor the tenants in their several classes should be entered, so far as possible, in alphabetical order.
The Collector may prescribe a different order of entry for the. Khatauni holdings of Govenmlent lands in a .
colony area if he fmds that the orders prescribed in this instruction cannot be suitably followed as regards
such holding.
(3) Column '3-Enter the Patties or Tarafs in the order in which they appear in the Shajra nasab. If
there is any common land belonging to all the owners of the Patti or Taraf, enter it as a separate Khcwat
number after the Khewat numbers of the indjvidual owners. Enter the total for each Patti Of Taraf aftcr the
last of the Khewat numbers contained in it.
(4) Column 4-"Description"
in this column includes father's name, and grandfather's name and
residence, and for officers of the Indian Anny the title of their rank, as Subedar, Major. etc. If the owner is
a finn, its manager should also be named and described. If the firnl is registered under the Indian
Partnership Act, IX of 1932, the partners need to be mentioned; but if the finn is nor registered the
. partners should also be named and described and the details of their shares recorded. The mortgagee with
possession, i.e. one who is responsible for the payment of land revenue for the mortgaged land, should
, also be entered with a similar description in this cohulln under the name of the owner, thus, Sohan Lal
rabin wa Sewa Ram wald Mohan Lal wald Ram Lal sakin Sanjauli murtahin.
, The amount of the mortgage debt will not be entered anywhere in the 'Janlabandi. If any of the
recorded owners in a joint holding is out of possession note the fact and show who is in possession ot his
share, thus Sohal Lal ek tihai wa niz kabiz hakkiyat Mohan Lal, gair kabiz do tihai. if the person in
possession, i.e. who pay's the revenue is not owner, show this clearly, thus, Sohal Lal gair malik kabiz
hakkiyat Mohal Lal mailk gair kabiz. Regarding the entry of a right holder as gair kabiz. The practice has
in the past existed of making a note in the rent column (No.9) against the entry of a tenant at will of bila
lagan ba waja tusaw-wal milkiyat. This entry, which tends to operate as one of gair kabiz in respect of the
owner,lIshould never be 'made. It is in the first place inconsistent because a person who is a tenant cannot
be in adverse possession: furth~r the record is, one of facts and not of claims. If the facts .show adverse

possession the mutation of gair kabiz should be made, and disposed of as shown in para 8..47(6) Supra
(L.L.T. 1932 page 141).'
.
If a sharer in a joint holding sells or mortgages the whole or a definite fraction of his share, the name
of the transferee will be shown in this column.
When a person whose name is entered in the record of rights is a minor, a female
incapacitated from managing his own affairs, the name of his or her Sarbrah or guardian
shown. It is needless to specify whether a right holder is of age, or a minor. Where such
already been made the patwari may, when the right holder comes of age, omit the designation
the name of the Sarbrah without entering the case in the mutation register.

or otherwise
need not be
entries have
"minor" and

(5) Column 5-"Description" in this column includes the father.:.s name, and grandfather's name and
residence, and for officers of the Indian Army the title of their rank as Subedar, Major, etc. If the tenant is
a firm its manager should also be named and described. If the firm is registered under the Indian
Partnership Act, IX of 1932, the partners need not be mentioned, but if the finn is not registered the
partners should also be named and described and the details of their shares recorded.

(a) Cultivating owner:- Khud-Kasht, or if one of several share holders is cultivating a portion of
the holding (hissadar kasht) khud kasht hissadari.
(b) Occupancy tenant-maurusi or dakhilkar if any subservient. Also muquarraridar and any other
local form of right.
(c) Tenants holding for a fixed term under a contract (pattadar) or a decree of a Court or an onkr
of competent authority. It should be remembered that the status of a lease-holder for a year
differs from that of a tenant-at-will.
(d) All other tenants, i.e. tenant-at-will (Ghair Maurusi or Ghair Dakhilkars). A person, who is in
adverse pOssession, should not be described as Ghair Dakhilkar or Ghair Maurusi. These
words imply the relationship of landlord and tenant which is incompatible with adverse possession.
Where the cultivation of the same field in the two harvests is done by different cultivators, the name
of the Rabi cultivator should be entered in red ink under the Kharif tenant: he should not be given a
separate Khatauni number.
If a co-sharer in a joint holding transfers land by way of sale, gift or otherwise or mortgages certain
fields and the transferee obtains possession and all the interested parties agree, the name of the latter will
be shown in this column not in column No.4. He shall be given Khatauni and not a Khewat Number
The tenant is the person responsible for paying the rent. If he sublets the land the entry should be
Sohal Lal Ghair Maurusi Awwal Marfat Chet Ram Ghair Maurusi Doyam.
For instructions relating to recording of entries of possession, relinquishment of tenancies, detection
of encroachment on Government land, changes of classification of land, restricti~ns of recording
encroachments on Government land, restrictions of variation in ownership. possession etc. on Govemment
lantt, the provisions of para No. 9.9. of Chapter No.9 on 'Harvest Inspections' of H.P. Land Records
Manual shall apply, which may be consulted.
(6) Colurnn7-The
field ofkhasr.: number is the number given to the field in the village map (Shajra
Kishtwar). The order of entry should usually be that of the khasra Giroawari. The soil description in the

Jamabandi is intended to show the permanent method of husbandry. applied to each field, and not the
condition applicable' to any particular harvest or haIVests, see paragraph 260 of. the Settlement Manual.
The soil entry must, therefore, be changed, when but only when, a permanent cbange has occurred, as e.g.
by the cultivation of land which was preViously Banjar Jadid or Banjar Kadim or by the conversion of
Barani into Chahi land owing to the sinking of a new well. Ordinary, <;banges in soil classification need
only be made in the year in which quinquinnial attestation takes place.
(7) Column 8- Where the Ghumao measure is in use, enter the area of holding in kanals and MarIas
only reckoning out Ghumaos only in tht: totals of Patties or Ta:rafs and of the estate.
(8) Column 9- Where rent is paid by share of produce (Batai) enter the share only. If' by a lump sum
note the amount, otherwise not both rate and amount in the case of cash rents. Where part of holding pays
at one rate, and part at another, see that areas, etc. are given in sufficient detail, so also where cash rents
are paid on particular crops.
"Where no rent is paid by a person in possession other than the owner briefly explain the reason for
non-payment of rent. If the fact is undisputed, as abo~e explained, the entry of no rent because of a claim
to adverse possession should never be made."
.
"If the fact is that the possession is adverse the entry should be of Gair Qabiz, if the fact is that he is a
tenant then' if the rent cannot be ascertained it should be recorded as doubtful. For the share of partners in
cultivation seesub-elause (10) (viii) below .
. (9) Column II-If the revenue of a holding is assigned (Muafi or Jagir) enter the amount in red ink.
If the totals of Patties or Tarafs anf! of the whole estate show the whole revenue in black ink with a detail
of Khalsa in black and Muafi or Jagir in red ink.
(10) Column 12-In the case of all new entries of names of owners, mortgagees with possession and
occupancy tenants and alterations in shares, etc., which are supported by 'any mutation or Fard Badar entry
refer in this column to the entry by which they are supported. References to Fard Badar entries should be
given in the manner described in paragraph 8.2 Supra. If mutation of rights has occurred and has been
~tered up before June 15th or the elate approved by the Director of Land Records but not attested, note
-briefly the facts which are believed to have occurred, giving the serial number of the entry in the register
but stating that the mutation has not been attested:
(i) If a new well or any other source of irrigation has been made, or a deserted well or any other
source of irrigation has been brought into use, or it a well has fallen in or been deserted be
very careful to note the tact.
.
(ii) If a holding or part of a holding has been hypothecated to Government as security for a
Takawi loan, make a note of the fact.
If a second loan is given on the same security a second mutation is not required see paragraph 8.36
Supra but whether a mutation has to be entered up or not the patwari should make a note of the loan in
column 12 of the current Jamabandi which should be carried over to all succeeding Jamabandis .
.(iii) A brief description of the terms of collateral mortgages attested in the mutation register will be
entered in this column, but no entry relating to such mortgages will be made in any other
column.
(iv) If the revenue of a holding, Patti or taraf or of a whole estate, is assigned (muafi or jagir), note
the fact and the names, description, and shares of the assignees in red ink in this column.

has been received, note the fact in this column specifying the nature of the deed (sale,
mortgage, etc.) and its date.
(vi) If any land in a colony town has been sold by Government for a specific purpose or subject to
any particular conditions, then note here the purpose or the conditions.
(vii) "The amount of produce received by Adhjogias and other partners in cultivation from the land
lord as their share and the contribution towards seeds, Government dues, etc. if any, made by
them, should be recorded in this column."
"A note showing 'the names of owners whose land has been acquired by Government wholly
or partially and without a share of the Shamlat, together with the area transferred and the
number of the relevant mutation, shall be entered in this column. It shall also be stated in this
note that the owner concerned will be entitled to due share of this Shamlat area at the time of
partition. The note in question shall be copied from Jamabandi to Jamabandi till partition of
the Shamlat take!: place (see paragraph 8.38)." .
(ix) The patwari shall enter notes as mentioned in paragraph 8,27,8.39 and 8.43 in this column.
(x) In Districts Kangra, Hamirpur and Una, the entries of 'Khud-ro-Drakhtan Malkiat Sarkar' over
Ban Sarkar area~ belonging to the landowners or over Shaml?t lands not vested in the Government under t1le H.P. Village COnlmon Lands (Vesting and Utilization) Act, 1974 and falling
under exceptions, in remarks column of Jamabandi have been coming since long. Such entries
shall continue to bdrecorded in the subsequeut jamabandis in the remarks column and shall
not be deleted except with the orders of the State Government or the orders of the Collector of
the District
Note :- Substitution and deletion of such entdes ordered by H.P. Government vide Notification No.
(Rev) D (D) 1-18/85-1, dated 26th December 1989 shall be made in the revenue record by the patwrJri and
Field Kanungo in accordance with these orders. The Revenue Officer shall check such emri. by 100 per
cent.

8.66. In connection with the making of entries in the Jamabandi on the basis of the mutations, following
instructions are issued:-

(ii) In column 5 (cultivator) the department of Government, for whose operations the lease has
been affected, should be shown as lessee and the land owner as lessor.
(iii) In column 9 (renO, the entry should be "rent at owner's rate on account of the construction and
m3intenance of (-----------------------)
here
specify the purpose of the lease)."
Land held by
Government

8.67. All land owned by Government should be entered in one place after the village common land. All
land pennanently appropriated for public purposes since the date of the last settlement should be entered
thus.
(1) Where land belongs to a Department of the State Government the words "State Government"
should be recorded in the column of ownership. Where land belongs to a Department of the
Government of India, the words "Central Government" should be entered in that column.

Conunissioner, I & PH Department, Executive Engineer. North-Western

Department, Defence Department, etc.

Railway, Postal

(3) In lieu of soil entries, state the purpose to which the land is applied, e.g. encamping ground,
sarai, canal rajbaha, bungalow, etc .

(4) When nazul or other Government property is vested in a local body, or is otherwise in its
j>Cfsession such property should be described as "State Government or Central Government"
as the case may be, "maqbuza M.C., or Municipal Corporation, or Cantonment Board" as the
case may be. But property acquired by a local body should be shown as owned by that body.
In order to guard the interests of GovemlWOt, no mutation of ally new acquisition or of sale of
property owned by a local body should be made without the order of the collector.
Concerning land occupied by Government at the date of last settlement which Government stJli ~oA.t.~,
the entries of the last settlement, in the colunm of ownership will be repeated unaltered. The colulllJls of
occupancy and description of land will be filled up as above directed.

If the land is occupied only temporarily, as for instance, the approach to a ferry, the names of the
owner and hereditary tenants will usually be continued, and separate numbers need not be made. Government possession can be described in the coluam of remarks.
Changes in soil
entries

..-.

8.68~A note should be added at thc cnd of the Jamabandi stating brietly what changes have been made in
the soil entries, and where the changes are important, explaining the reason for making them. This note
should be signed by the Kanungo and by the Naib- Tilllsildar or Tahsildar .

7
...

--

11

10

Detail of

13

12

Crops

14

IS

Demand kharif
1991 mbi 1991

Rent

If

..c

~
.5
.".::
,!j:':

0lI

'=s..
~
~

'=

a.

IS

1
...
0

z.

]
:i

,,5C

"0

'3

:i

j:

i~
II

:a

~."
:ij :

'0
..c

Q,

J
!
"0

i~

."
i
."

." 0

"0

"0

~1
B.;;
'i

.:si

zl!!

:s
~

~
~

] 1
Ill:

Column 8-The rate should be entered only apinSI the tolal of each class of land, and at the end of each holdina:or c>nce for all at the be,inini of the
lamabandi.
Column 16- Enter balance due also authority for new abiana demands.

10

11

12

AreainHec.
Ares or
centares
squareMlcm

.g

3
OIl
.5

r .

'Q

Iii
!5

!I
~

'j

.g

Co

.~

~
~

f~f

II

'

'S

~
~
~
~
~
'S

II ! ! ! !

c:

J
~
~

i
.
'S

zi

lI
;g

OIl

j
'S

.g

Co

~c:

~
~

'S

I
'S

zi

zi

.8

.8

'S

..

.!!..

.w
:c8

!5

14

15

.!II

~
."=

.r.8

.J

.!l

.c

.c:

~!

f~

19

..
..t1;1

1
eo

18

Description of
land

.5
'S

IS

f]

17

:~

16

13

~
~
~

]
.-.:

~
~

J IJ

'j

8
fl

.J

Co

Iii

i
!

~
~
'S

j
U

5
....~
0

Ill:

~
IS

1
~
~

..
I

Ill:

Note:- This fonn will be used where the land in a colony town or a Chak has been built upon. The
ordinary fonn of the jamabandi will be used in the case of land which is still culturable though within the
town lmuts.

8.71. (1) Column I-Against each field number included in the Khewat. the serial number of the auction
or allotment register or the register of sales by private treaties. in ~hich the land of each field No. is
included. should be given in this column.
(2) Column 2-The Khewat is the number of owner's holdings which should be arranged in the order
in which the names of owners are given in the village gyneological tree. In the case of towns where the
genelogical trees are not in existence. the order of Khasra numbers will be followed. No one should be
given a separate Kehwat number. until be has obtained full proprietary rights.
w

The old Khewat number should be given in red ink under the new Khewat number.
(3) Column 3-The. Khatauni number is the number of the holding of persQns responsible for the
payment of rent o~ are in possession of the site. Occupancy tenants. auction purchasers, peasant grantees,
or persons holding sites under special conditions. will be given separate Kbatauni numbers under the
Kbewat of Sarkar. In such'cases the old number of Kbatauni should be in red ink under the new Khatauni
nlltnber.
(4) Column 4-The name of Lambardars responsible for the realization of land revenue assessed on
sites should be entered. The' total land revenue demand for which each Lalnbardar is responsible should be
en~d in this column.

(5) Column 5-"DesCription". in this colunm includes father's name, fa~er's father name and
residence and in the case of officers of the Indian Airny, the title of their ranks such as Subedar, Major,
etc. The name of a mortgagee with possession must be shown under the name of mortJagor. If a sharer in
the joint holding sells or mortgages the whole or definit~ fraction of his share the name of the. transferee
will be shown in this colunm. The name of Sarbrah or guardian of minors or females need not be shown .

.(6) Column 6-10 this column those persons will.be entered who will ultimately obtain proprietary
rights but have not yet acquired their rights. Their holdings will be entered in the following order:(1) Auction purchasers.
(2) Occupancy tenants.

These persons will be shown within the groups in alphabetical order .

"Description" in this column includes father's name, grandfather's name residence and status, e.g.,
rent payer, occupancy tenant, abadkar, etc. In the case of an officer of the Indian Army, the title of his
rank. should be prefiXed to his name. In case the site is in the possession of malik. the words maqbuza
malik should only be written.
.
(7) Colunut 7-This column will be fJ1ledin the case where the owner of the site has lent the area to
another person and has at the same time allowed him to erect building at the latter's own cost. "Description" in this column also includes. father's name, tribe, got, residence. In case of an officer of the Indian
Ariny, the title of his rank should also be prefixed to his name.

columns 5, 6 and 7. They will ~ shown in alphabetical order. The holdings of maliks will also be shown
in-this column. The "description" in this column includes father's name, grandfather's name, residence of
the person occupying the building erected by the person mentioned in column 7. In the case of officer.s of
the Indian Anny the title of their rank should be prefixed to their names.

(10) Column 100Xhe field nwnber or the site number means the number giver! to it in the map. The.
order of entries should usually be .that of Khasra girdawari.
(11). Column Ii-This
column will be left blank when area originally allotted has been divided or
amalgamated with other areas and given separate field numbers..
(12) Column 12-The area arrived at the last girdawari of the field concerned or shown in the
mutation register will be given in this column and will be in kanals, marlas and sarsahis or Bighas, Biswarand -Biswangi or in metric measures as the case may be.

(15) Column 15- The amount of rent paid annually by the occupier should be entered here. This can
be ascertained from the Khasra Girdawari.
(16) Column 16-According
to the condition of sale or allotment, as far as payment of revenue is
concerned, the ahatas are classified differently such as (1) residential sites, (2) shap sites, (3) combined
residential and shop sites, (4) menials sites and (5) factories, etc. This column should show the class of
ahatas.

(18) Column 18-Thetotal

amount of the iand revenue demand with details of revenue and cesses
should be specified in this column.
(19) Column 19-1n the case of all new entries of names of owners, mortgagees with possession,
occupancy tenants and alteration in shares, etc. which are supported by any IIlutation or fard badar entry,
the number of such mutation or fard badar should be given.
A brief description of the terms of collateral mortgages attested in the mutation register will be
entered i~ this colunin but no entry relating to such mortgagee will be made in any other column.
If mutation is refused in any case with reference to which notice of the registration of a deed has been
received, note the fact in this column, specifying the nature of the deed sale, mortgage, etc and its-date.
In the ca~ of allotlnent of Government land to local bodies or otht:r private persons on certain
conditions, the f~lIowing particulars should be given in this column against the Khewat concerned:(a) Where there is a
. registered deed.

Place of registration, number of deeds, date of registration, number of bahi and

number of volume.

(b) Where the deed

is unregistered.

Number of fIle with the word 'English' or Hindi as the case may be and the date
of execution of the deed.

(c) Other cases e.g.

agreement. etc.

Number of file with the word 'English' or Hindi as the case may be. and the date
of the ag~ement.

(20) No mutation of rights can be incorporated in the Jamabandi until a revenue officer has sanctioned it by an order recorded in the mutation register. The Jamabandi entries concerning holdings in
which mutations have occurred. but on which no orders have been passed will remain unaltered.

Soil entries in
the Jamabandi

8.72. "The classification of the fields in column 7 of the Jamabandi has its origin in each case in the
entries made in the khataunis when a village is remeasured. If note 14 of the instructions appended to the
khatauni form (see appendix VII. Settlement Manua)). be read it will be seen that the classification of soil
may be considered under three heads:

In all returns in which soils or crops are classified as irrigated and unirriga'ted. sailab soils and crops
should"be included in the latter class.

8.73. Lands which is cultivated without the aid of irrigation. In the village papers of many districts
" un irrigated lands which are not affected by flooding or percolation from rivers (sailab) are simply classified as barani. In those districts in which the barani lands are classified according to the kind of soil (see
paragraphs 261-265 of the Settlement Manual). no revision of this classification should ordinarily be
attempted. If for special reasons. as for instance. the spread of sand or ret it may sometimes be necessaJy
to revise any entries relating to the classification of barani land. such revision should always be limited
strictly to those-lands in which some real occasion for the revision exists.
Classes of
irrigated land

8.74. Land which is cultivated with the aid of irrigation. In note 14 appended to the Khatauni from
appendix VII of the Settlement Manual. it is directed that all land irrigated regularly from a well should be
classed as chahi. and that all land irrigated regularly from a canal should be classed as nabri. And it is
explained that the actual area of crops irrigated in each case will not appear from the khatauni entries. but
from the crop returns. The distinction herein contemplated is further explained in paragraph 260 of the
Settlement Manual. The limits of the land permanently served by each well or canal distributory having
once been ascertained and indicated in the field map. the same caution should be observed in changing
these entries as is directed above with respect to the alteration of classes of barani land. Ordinarily no such
change need be attempted except in the year of quinquennial attestation. and in carrying out these changes
care should be taken that lands once classed as irrigated be not classed as barani nor barani as irrigated
unless a perinanent change of this nature has occurred.
.

Distribution of
the cropped
area in crop
abstract and in
area statement

8.75. It will result from these instructions that the method of distributing the cropped area over the
various classes of cultivation shown in column 27 of the Jinswar abstracts will differ from the method
adopted in column 7 and 11 of the maHan rakba. The entries in the Jinswar returns are derived from the
khasra girdawari form and the entries in that khasra are intended to show how each field is treated from
harvest to harvest; whereas the classification of soils in the milan rakba is taken from the Jamabandi. and
is intended to show the conditions under which the village husbandry is permanently carried on.

Land which is
not cultivated

8.76. This land is described in village papers either as unculturable waste (ghair mwnkin). or as old waste
(banjar kadim), or as new waste (banjar jadid).
When waste land of either of these three classes is cultivated, or when cultivated land is so injured as
to make it unculturable (e.g., by the action of.rivers or torrents), there is no difficulty in showing the

The entries connected with the changing of cultivation into hanjar jadid and of hanjar jadid into
cUITCntqadim are les~ easily carried out with accuracy. Such changes, therefore should not be shown in
jamahandi or in dilution or fluctuating assessment pal>crs but in the nt'xt detailed jamahandi.

Jamabandis
how & when to

be prepared

8.77. Jamabal1(h should be writtell 011paper of a quality. They arc prepared for those estates in which the
Collector directs that a detailed jamahandi should be prepared. and they ordinarily he prepared after 5
years in a lI5-th of the villages in a district. They should contain every field entry in full. For these village.
quinquellllial returns should he compiled.
The concerned potwari sholl write the jamabandi in his own handwriting in block ink. He sholl be
liable for disciplinary action if he causes the jamabandi to be written from any other person. The Field
Kanungo and the Re\'enue Officer sholl nOl attest jamabandis if the same are written in contravention of
these instructions and obtain further orders from the District Collector in this behalf. The Collector shall
pass orders as he deems fit.
A table should be given to each Field Kanungo, showing the arrangements approved for the preljaralion of detailed jamabandis for each patwari's circle in his charge this table being so arranged that the
work of each year shall cover about a tifth of the Kanungo's whole circle.
As regards villages under fluctuating assessment
tricts, by which the preparation of annual jamabandi is
the fluctuating assessment. The principle approved
prescribed which suffice for the purposes of fluctuating

special pemlission has been given in certain disdispensed with unless it is required for purposes of
of this is that when special records have been
assessment. annual jambandis are unnecessary.

In village subject to diluvion, if the diluvion mles of the district prescribe the preparation of a record
which enahle us to dispense with an annual jamabandi. it is unnecessary to insist on its l>reparJtion in a
year other than that of the quinquennial attestation. If such mles, however. are not sufficient for this
purpose. It would only be necessary to prepare a detailed revised jamabandi for those holdings which arc
affected by river action. In such 'cases, the patwari will prepare two copies of the revised jamabandi of the
holdings affected, one copy to be retained by him and the other sent to the Tehsil to be placed with the last
detailed jamabandi filed in the district office.

Necessity of
preventing
error$, eke in
thekhasra.
girdawari

8.78. Thus for a large portion of the district no jamabandi will be prepared for one. two three or four
years. and certain precautions are therefore. necessary to avoid errors and prevent girdwaris from tampering with the entries in the khasra girdwari or other papers.

Mutation occurring up to 15th

June to be incorporated in the
jamabandi

8.79. Tehsildars

and Nalb Tehsildars must. without neglecting record work in other villages, pay special
attention to estates for which new detailed jamabandis arc to be drawn'up. All mutations upon which final
orders have been passed up to 15th June (30th June for Kinnaur district) inclusive or any later date
approved by the Director of Land Records are incorporate<J in t~e jamabandi. Every effort should he made
to have all mutations which have occurred lip to that date entered in the TC.iistcrand attested by that date.
The Tehsildar or Naib Tehsildar incharge of the cirele in which any estate for which a jamabandi is to
be drawn up is situated. must visit the estate in the cold weather before the middle of January, and, as far
as possible. attesting all pending mutations. All attestations of mutations during the nine months preceding
the drawing up of a new detailed jamabandi must be carried out in the village itself. At his first visit to
estate in the cold weather the Tehsildar or Naib-Tehsildar should see that the patwari and Kanungo have
arranged their work so as to carry out the instmctions in the next paragraph.

Preparation for
the drawing up
of new Jamban-

di

8.80.

Preparation for the drawing up ofa new jamabandi should be started by the Patwari and Field
Kanungo in the cold weather and if possible, in all the estate concemed before the middle of January.
They should together visit each estate for which such a jamabandi is to be prepared and by enquiry from
the right holders ascertain whether any changes have occurred which have not been brought to record. The
Patwaris should in the presence of the Kanungo (who should have the patwari's copy of the geneological
tree open before him), read out to the people the entries in the existing Jamabandis, and note changes in
pencil in the remarks column, and in cases in which mutation orders are required; make the necessary
entries in the mutation register. The Kanungo should brilig the geneological. tree up to date and should
check the entries in the mutation register with the jamabandi and note that they agree. He should-help the
patwari to prepare a list of fields which require amendment. The patwari should later make tracings in
pencil of such portions of the village map as required to be amended.

Rabi girdawari
of estates of
whichjamabandi to be
prepared

8.81. At the rabi girdawari, the patwari must take up first the estate or estates for which a detailed
jamabandi is to be drawn up, and be very careful to note all changes and fresh cases requiring mutation
orders. If the work described in the last paragraph has been properly done the new entries in the mutation
register should be few in number. They should be made before the harvest inspection of the next village is
started. As soon as the crop inspection of the estate for which a new jamabandi is to be prepared is
finished the patwari should send notice to the Tehsi\.

Attestation of
all mutations
before the 15th
June

8.82. A.fter receiving

this notice the Naib-Tehsildar or Tehsildar concemed must visit the estate as soon
as possible, but in any case before the 15th of June, (30th June for District Kinnaur) or the date approved
. by the DireCtor of Land Records and attest all.pending cases.

Orders in mutation cases. .

8.82 (A) Orders in mutation cases can be passed by an Assistant Collector of either grade. In practice
nearly the whole of the work is disposed of by fehsildars and naib-fehsildars. In a country of small
peasant proprietors the number of mutations to be attested annually is very large, and it is found necessary
every year to appoint in some districts olle or more extra naib-fehsildars selected fn>m the lists of
accepted candidates 'and to invest them with the powers required for the disposal of business under
Chapter IV of the Land Revenue Act. An appeal of course lies to the Collector against orders sandionillg
or refusing mutation of names, and the minute proportion which the number of such appeals bears to the
number of mutations decided is evidence of the general satisfaction with the procedure.

Mutation work
largely done by
officers of no
great standing
or experience.

8.82 (B) It

is clear from what has been just said that much of the mlltation work is done by officers of
small standing and little practical experience. It is also true that the work has often to be carried out very
rapidly, if the important object of keeping the jomobondi up to date is to be attained. These are matters for
reflection considering that each jamabandi now possesses the same authority as a recore! of rights drawn
up at settlement. Fortunately the bulk of the work is exceedingly simple; there is no dispute as to facts,
and no opening for doubt as to the order that should be passed. But this is by no means true universally,
and cases find their way into the mutation -register which .require both care and knowledge to decide
correctly.

Supervision of
8.82() Whell a DeputyConmlissioner or District Revenue Officer or Sub-divisional Officer <Civil) is
work by Deputy . inspecting a fehsil, the mutation work of the fehsildar, naib-fehsildar, should all be brought uiider review.
Commissioner
With the jam-baMi of an estate lying open before him it is perfectly easy to pick out all the holdings in
~nd District
which changes have been made. for in support of them references to the mutation register are always
Revenue Officer
given. If the inspecting officer looks up each case in the register, he can soon satisfy himself as to the
etc.
quality of the work of the reporting potwori and of the Assistant Conector. Having done so, he can tllrn
back to the j'amabaMi, and see whether the changes ordered have been correctly made. If this process is
repeated for several estates in the circles of the tellsildar and naibfehsildor, respectively the Deputy
Conmlissioner cannot fail to gain a. COilsiderable insight into the value of the work done by both these
officers, and by Some of the parworis and kanungos under theircontro\. hl examining mutation sheets
special attention should be paid to orders passed in the ahsence of any of the parties. No order should he

Conduct of
Revenue Work
on the spot.

8.82 (D) Tehsildars andriaib'-rehsildars areexpl!Cred ro dealwirh revenue work, and especially with
cases relating to lambardars, land revenue assignments, pattirions, encroachments and mUlations, within
the estOlesin which the cases have arisen.

Contents of
Mutation or
ders.

8.82 (E) Every mutation order should show on the face of it the place where. and the date on which, it
was passed. and that all the parties interested were present or, if anyone was abseil!. tlie way in which his
evidence was obtained. or, if it was not obtained, what opportunity was given to him to be present. No
detailed record of the statements o( parties and witneSses is required. but the order should note briefly the
persons examined. and the facts to which they deposed. [Land Revenue Rules 39, 40 and 44 (ii)]
Except in the case of killabandi mutations no patwari or kanungo or revenue officer should take the
signatures or thumb-marks of parties or witnesses on mutation proceedings.
The facts on which the order is based should be stated succintly but clearly. and the order must show
without any possibilit of doubt whether the revenue officer accepts the new entry proposed ~y the
patwari as it stands, or, if it requires amendment. exactly what the cntry is which is to be made in the
jamabandi. The Order must' always show whether a share of the village shamlat has been included in the
transfer.

The Revenue Officer shall allestthe mutations in the open assembly of the villagers in the presence of
the parties. Atleaslthepresence
otrhree respectable persons from the open assembly must be mentioned
.in rhe order by the Revenue Officer.
Attendance
parties.

of

Mutation and
other revenue
work to be dealt
with in estates
to which itre~
lates

8.82 (F) A person who, after receipt of notice by summons or proclamation to appear before a revenue
officer at some place within the estate in whiCh he ordinarily resides or cultivates land. fails to present
himself becomes liable to a fine not exceeding Rs. ,50. This provision can suitably be put in force when the
default is wilful and contumacious. But, where a man's attendance would involve an amollnt of inconvenience which under all the circumstances could reasonably be regarded as excessive, the proper plan is
to take his evidence by conmlission.

8.83. As stated in para 8.82(0) supra Tehsildars/NaibTehsildars are expected to deal with revenue
work. and especially with cases relating to Mutations, Lambardars, Encroachments and .'artitions etc.
within an Estate in which the case have arisen. By this means, the attendance of all the parties will be
secured and the facts of each case will be easily ascertained. In the case of estate for which a detailed
jamabandi is to be drawn up during the agricultural year. mutation workmust be disposed of in the village
itself. If other cases, the Naib- Tehsildar or Tehsildar, if he cannot conveniently visit the estatc, may pass
ord~rson its mUlationsat any' other pla~e wilhiJllhc patwari's circle.
Revenue Officer should attest mutations accordillg to priority based on the date of entry of report in
the patwari's diary. In' case, where a mut<ltion cannot be attested. interim orders must invariably be
recorded.

Importance of
prompt disposal
o{mutation
work

8.84. Mutations which have not been attested before the end of the agricultural year (15th June), or the
datc approved by the Director of Land Records are not illCOI])Oratedinthe jamabandi then under preparation.This in mostcasesmdms
that they will not be brOlighl lorecord till more than five years afterthc)
have taken place. This untoward result ~an easily be a\().ded if Tchsildars and Naib-Tchsildars lay oul
their work properly, and pay special attention 10 ihe estall:s for which jamahandis arc about 10 he lIra\\ II
up.

Mutations pendingover one

year

8.85. Provision has been made in paragraph 8.4 of the RP. Land Records Manual to ellsure that special
precautions will be taken by Tebsildars and Naib- Tehsildars to decide the mutations as soon as possible
after the period of one year has elapsed. Unless mutations are duly attested within a n:llsonablc time,
litigation is held up and the cultivators do not settle down with clear minds with the cultivation of their
lands. Collectors, and if necessary, Commissioners, should bear in mind any remissness on Ule part of
subordinate Revenue Officers in this direction when reporting on these officers. Assistant Collectors of
the 1st grade, in forwarding reports to the Collector should bear in mind their own responsibility for the
proper supervision of mutation work.

8.85 (A) Disputed cases may be referred to aTbitratiolI with or without the consent of the parties, but
little use is made of this provision of the Act. Where it is resorted to care must be taken to make thc
arbitrators understand that they must give a clear opinion as 10 the question whether the right claimed is
actually enjoyed. If the revenue officer cannot satisfy himself <.IS regards the fact of possession and thinks
it inexpedient to refer the point to arbitration, he is rClJuired to make a summary enquiry as to title, and to
direct that the person who appears to have the best right to the property shall be put in possession of it, and
that his nanle shall be entered in the jamabandi. The dIsappointed claimant must be referred to the civil
courts for the establishment of any right he conceive himself to ~ave.
Preparation of
Jamabandi

8.86<a) The new Jamabandi shall be prepared on the following basis.

2. Orders of Revenue Officer on mutations attested before 15th Jl11ll' (30th June for Kinnaur
District)
3. Changes recorded in tile previous khasra girdawari ill colunUls relating to dtangcs of rights,
possession and rent etc.
the entries in these colunllls are taken straight from khasra girdawari when the new jamabandi
is compiled.
4. Orders for the correction of clerical mistakes passed on the Fard-Badars
prescribed in para 8..53 of H.P. Land Record Manual.

by the collector as

(b) Thejamabandi should beprepared in duplicOle and one oflhe copies should be eventually filed in
the Land Records Office and the olher relained by Ihe patwari. BOlh the copies of jamabandi should be
written by the patwari in his own handwriting as already meflfioned in para 8.77 above. He should also
prepare 'Tehrij' himself and alfach il al Ihe end of balh 'parI sarkar' and 'pan patwar' jamabandi. He
shall prepare Index numbran khasra and alfach in Ihe beginning of jamabandi. In Ihe months of June,
July and AugusI, the Field Kanungo should pay special alfention 10 Ihe delailed jamabandis which are
being prepared by his paflvaris. He should anesl all Ihe entries holding by holding, in the presence o.flhe
Zomindars concerned and see Ihal due effecI has been given 10the mUIOIionon which final orders have
been passed by Ihe 15th of June (301hJunefor DiSlricl Kinnaur) or Ihe date approved by Ihe DireClor of
Land Records. His alfeSlalion should be made on Ihe copy which has eventually 10be filed in Ihe dislricl
office. This copy should contain his report to Ihe effecI Ihal he has duly attested iI, a lisl of errors
discovered and alteralions made being added in Ihe Kanungo's hand-writing. A copy of this reporl signed
by Ihe Field Kanungo should be aftached to the panvori' s copy of Ihe jamabandi. Any alterations that may
be found to .be necessary should be made at once in red ink by the Kanungo in bOlh copies of Ihe
jamabandi and signed by him: He is personally responsible thaI Ihe patwari's copy tallies in all respecls
wilh Ihe olher copy. Fairing of Ihe jamabandi by Ihe subslilulion of a new page lor one 011 Irhich
correclions have beenmade is absoluleZyforbidden.

Filing of

8.87. The Patwari should give the frrst copy of the jamabandi to the office Kanungo at the Tehsilnot later

Jamabandi in

than September 7. During that month the Field Kanungo, with a view especially to see that the changes
based on mutations have been properly incorporated and that the statistical statements filed with the .
jamabandi are correct, should again check the latter at the Tehsil, following, the same procedure as before,
that is, he shonl<t himself make a copy of the list of the errors discovered and the alterations made at this
inspection and sign it. This copy should be handed to the patwari who should stitch it into the duplicate
jamabandi and malce the necessary alterations in the latter. The Field Kanungo at his next visit. to the
patwari's circle should see-that the patwari has done this, and initial all the alterations made.

the Tehsil

Check of'
detailed

8.88. The Tehsildar or Naib Tehsildarincharge of the circle in which the village lies shall make his final
attestation on the spot and shall observe the following instmctions:-

.Jamabandis by
Rennue officers
(i) At least 25 per cent of the khatauni holdings should be read oulon the spot and in the l,resence
of the assembled right holders.
(ii) At least 25 percent of the mutations attached to the jamabandis should be compared with the
khewats concerned.
(iii)
(iv) At least 25 per cent of the khewat entries in the original copy should be compared with the
corresponding entries in the patwari's copy oCthe jamabandi.

(v) He shall allest and check hundred per celll emries of all the Government and sham/at holdings

in an estate. He shall be responsible to ensure that no entry, which is not supported by any
order of competelll authori~y. and which is against the interest of the Gm'ernmelll is made in
the government holding in the jamabandi.
The IllIl11berof the fields, the tatima shajras of which have been attested, must be specified as also
that of the unattested mutations entered before the 16th June or the date approved by the Director of Land
Records, of these there should be as few as possible. This check must usually bc camed out in the cold
weather months between the cnd of the kharif and the beginning of the rabi girdawari.'For the plllvoses of
this.check the Revenue Officer should take with him the copy of the jamabandi which has been filed in the
Tehsil and he should record on this the report of the attestation and a list of mistakes discovered and
alterdtions ordered. The report should specify what and how many entries were attested by personal
enquiry from the right holders and when and where the attestation was made. A copy of the rel,ort signed
by the Tehsildar or Naib-Tehsildar as the case may be should be attached to the patwari's, copy of the
jamabandi. Any alterations that may be found to be necessary should be made in both copies of the
jarnabandi and initialled by the Revcnue Officcr under whose orders they are made.
When this has been done, the Revenue Officer s.hould fill in two copies of the final attestation slip in
the foml given below and attach one copy of each of the two copies of the jamabandi.

Final attestation of jarnabandi for the year 19__ . village

Tahsil
1

District
3

_
6

c::,s
c::

3~
~

"0

~
~
"0
~

lS:

,s

Bg'~

c::

::a

s]

1
~
~

sa

"o!
g .~
1
'::1
.5

~il
>

...,

~;
lli
&1
i
..c''''

8
B .~
(J

~l

-5
-5"0
-5

'i

1'5

r~l
....

B'~ ~
~
sa g, ..

""

..c

:.a
....~
(J

01l

i~
iii! !Il

1:!

. :I
:I .

~-5

]~
6~

e ~

~'!

::E

$3
'"
:I :1:l

.a
~
~

....

I certify that all necessary corrections have been made and that this jamabandi is correct and complete
in all respects, except as regards mutations Shown in COlllilU18 ahd other transfer discovered to have takcn
place before 15th June last and referred to.
If any part of the local attestation can be done adequately in the hot weathcr before Jamabandi are
filed in the Tehsil, so much the better, but in that case afurther check must be made to see that the
Kanungo has carried out properly the instructions in paragraph 8.87 and the final certificllte of correctness
alluded to above must not be given until the second check has been carried out A Revenue Officer
. superior in rank to the Tehsildar or Naib- Tehsildar should note the result of his attestation on the spot, of a
jamabandi on the copy to the eventually filed in the distriCt office and attach a copy of this note signed by
him to the Patwari's copy of the jamabandi. He should initial all alterations made in both copies of the
jamabandi under his orders., The result of any examination of jamabandis made by such officer in the
Tehsil office should be entered in the minute book of the Tahsil and not the jamabandis examined by him.
The Sadar Kanungo should note the result of his attestation of a Jamabandi in his diary and not on the
Jamabandi itself.

8.89. When an order is passed in appeal, on review or revision after the 15th June, a note in red ink
should be made onlhe original mutation sheet by the Sadar Kanungo if the Jamabandis are at Sadar or by
the office Kanungo if the Jamabandis are in the Tahsil office. The field Kanungo of the circle will make a.
similar note on the patwari's copy of the mutation order. If the jamabandi entries are not in accordance
with the order finally passed on appeal, review or revisio~, the patwari should be instructed to. enter a
mutation by way of correction of the jamabandi and this mutation will be given effect in the Jamabandi
prepared at the subsequent attestation. No fee will be charged.
Form of list of
revenue assign.
ment with I'n.
structions

8.90. A list of revenue assignments and pensions will be compiled for every village when a detailed
jamabandi is prepared (paragra' 284 of the Settlement Manual), and its foml along with instructions for
its preparation is appended. The Field Kanungo must assist the patwari in the compiling of this return, and
must sign it in token that he is satisfied of its accuracy. The Tehsildar or Naib- Tehsildar must attest every
entry in the list of Muafidars.
I

Enter theassiglmlents
" -

a~Land

infotlr groups and total each group separately namely:-

.'"

, ~,-

..

'. i

..

<

,.

; ': j'

of which the revenue is assigned to others than the owners thereof.

"""

.~.

..

"

,"'-

C. Grants of fixed amounts out of the village jama. no land being speCifi~d.

D.Pen!iions

paid' from the treasuryoi through the poSt offiCe 10 persons resident iilthe' e~tate;'

If the grants held by an assignee fall under more than one of the above groups. each portion should be
entered under the group to which it belongs.

ColunUl 13-State whether the nazrana has been paid. The Field Kanungo will add a note in this
column or at thc foot of the retum explaining any difference between it and the previous retums.

Maps to be tiled
with the
Jamabandi

8.91.

Genealogical
tree

8.92. An amended copy .of the genealogical tree of owners complete to date shall he filed with the
jamabandi. In these trees the first entries shall in every case he the names of the holders at the last
settlement. the earlier entries being omitted. No general statements or entries of revenue need be made at
the foot of those amended copies. In othcr respects the orders in Appcndix VIII to the Settlemcnt Manual
apply to tile amended copy of the shajra nasab. The new entries shall be attested by the Field Kanungo and
he shall sign tlle paper in evidence thereof.

As regards the maps to be filed with the .iamabaildi. the relevant instmctions
relevant paragraphs under chapter 6 SUT\eys.

will be found in

Arrangem~nt of
papers in
periodical
records

II. The list of revenue assignments

shajras.

and pensions should come ncxt. followed hy the tatima

IV. Having arranged the papers in the above manner. sew them \vith a strong thread. but take care
tIlat it does not pass through any writing.
V. Paste two or three pieces of paper together and cut to thc size of the jamabandi, then place the
jamabandi between the two covers thus prepared and join them together by pasting thcm hy
chints or gahra On the outside as it is done in binding. Boards should not be used. The shajra
llasab should be placed ill the pocket of the cover or if too large in separate cover.
In the case of jamabandis to be filed in the Tehsil binding can be done locally at the prevailing rates.
and tile charge can be met from the contingent grant. In the case of the patwari's copies of the jamabandi.
paper bindings covered with chints or thin cloth should be provided.

Checking of
Jamabandis by
Sadar
Kanungo

8.94. All jamabandis must reach the district office by the date on which the Rabi Girdawari ends. On
receipt the Sadar Kanungo should check them to see that all tile instrudions contained in paragraphs 8.X3
to 8.90 supra have been complied with. If incomplete in any respect which admits of correct. they should
be retumed for completion.

Use of Lan

8.95 The

guage arid ter

minologyin
revenue records.

language to be uscd in the revcnuc records shall be 'Hindi' in Devnagri script and every effort
shall be made to usc 'Hindi' ten1linology ill the preparation of such records.

Appendix A
[see Paragraph 8.38 (6)]

Serial No.
of enll)'

Numhcrof
holding in old
jamahandi

NnmcofTamf
Well

Name of owftCr. with

dcs<.Tiplion

i"ame of ruhiv.llor.
Wilh de~cription

Sohan Sill~h sOlJtofKnram

Singh s.m of RlIIn Singh.
n'sid"nl Shamlal-ddl
( Ilas:lh-Rasad Zarkbl.'wal
or as Ihl.' (':I'C may hel.
l'o.tal lama' 'Jf 1I11'\' illag4'.
I R~. 23()/'

Detail of Iield~. area l!nd soil

Revenlle or n'nl

474

~el n.'venuc
Rs,I-45

K. M.
'Vari.)Us owners and
lenanls

7- 7
Ilarani A Ivai lli45 Kanllls of
whieh euhivlltcd 100 kllllllis
(lIllirrigat<.'d: uncu!lh':ued
10lS Kanllh

Serial No.
of entry

No. of hold-

ing in new

:'illme of owner.
with dcs"riplioll

jamabandi

Sunder Slngh son

of I.ehna Smgh
S/o \1ohan Singh
residenlofWhsil
Soilln 11.1'.

~arnc "I'
,'ultl\'at<ll'.
\\ilh
d,'s(,'ripl ion

D"lails or
fields. ar.'a
and soil

I Re\'\'nuc
10rn'II1

:'\alure and dat.,of

Il1msli..r,or I,r"'e of

Report &
ord.,J'S

\1utalion

Ie.' due

tnOf'l1:!agl' money

4741lardlli
A\\aI7,7

n:\'(.'nul.~
Rs,1.45

Sold on lilll April.

19~9 Ii,.. Rs. 585
logether wilh lh.,
share in Shamlal
lIunugh R..gisl,r ..d
d.,.,tI :'\ 0, 405 timed
1<-4-191<9,

Rs. a.p.

0-25

Sir, Soh:II1,Singh Ih.,

o\\n.'r, has sol.l7'
KlIImls 7 marlas of his
land \\ ilh share in
Shmnlallo Sundt'r
Singh .mu Ihl.' \l'IlUC"
has laken possession.
The ea' h,lS ""''ll
emen',j in lhe mUlali<~1
J'l'gist"r on reL'eipl,,"
Pardlll Regislcr)' no. 10
.11Il.'d 1(l4-19li9.
Sd/
Pn'lll Singh
!'al\\an
Dal.,,j 2()4-llJlil)