Records of rights PPT for PMS officers.pptx

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1. RECORD-OF-RIGHTS UMAR FAROOQ BULLO 1

2. Introduction The Government has a first charge(Tax) on the produce from any piece of land. Therefore an accurate record-of-rights is essential for the assessment of land revenue and its collection by the government. Further more, a correct record of rights is also necessitated to protect individual rights in property i.e. how much a person owns in which area. The system of Records of rights in Pakistan comprises of: Standing Records that are once made and are permanent but are updated after a specified period of time , and “Periodical Records” which contain some information with respect to an estate and is changed periodically. 2

3. Introduction iv. Without going into details, it can be said that land records are statements showing the following: Land owners , tenants in an estate, persons entitled to receive rents, profits, or produce of the estate or to occupy the land therein. Nature and the extent of interest of concerned persons and conditions attached to their rights as owners or tenant; Rent, land revenue, rates, cess etc. receivables from and payable to each concerned person and to the Government; Statement of customs, affecting rights or liabilities of owners and tenants, with respect of rights and liabilities in a revenue estate; 3

4. Introduction Map of the revenue estate; Field Map; Genealogical Tree; Rights in wells or rights in irrigation or from other sources, if any; Determination of revenue assessment as the settlement officer’s order and Distribution of assessment over holdings as per the settlement officer’s order 4

5. BASIC CATEGORIES OF LAND 5

6. STATE OWNED LAND T he ownership or legal entitlement vests in the federal, provincial or local government 6

7. PRIVATE OWNED LAND land usually falls under private ownership. Most owners of land use their land for agricultural farming, animal breeding, raising firewood, may be self-cultivated or cultivated through tenants & use for non agricultural purposes. private owners have full rights to sell, gift, exchange or dispose of their private land in any manner they wish subject to legal restrictions 7

8. VILLAGE COMMON LAND/ PUBLIC SPACES The terms “common land” or “community land” is a grant given by the state, out of state land, to the owners of the village to be used for their common purposes and this kind of land is jointly owned and possessed by the land owners of that village and is meant to be used for the common purposes of the village community. 8

9. VILLAGE COMMON LAND such common purposes include grazing grounds, firewood collection, graveyards, community buildings, mosques/worship places, schools, dispensaries, play grounds, village ponds, village roads, passages for the movement of cattle etc. 9

10. RECORD OF RIGHTS T he record of rights is maintained for each Deh under chapter-VI section 39-55 of the land revenue Act , 1967 and Rules 31-37 of the land revenue Rules1968. Its constituents are: Deh maps, VF-1, field books, number shumari registers, Registers of “ Haqdaraan” , registered sale deed, gift deed, court decrees, “ sanads ”, conveyance deeds, etc. The record of rights is maintained in the prescribed proformas i.e. VF-II, VF-VII-A, VII-B, city survey properties record, kacha land record, Goth abad land record. 10

11. TYPES OF LAND RECORD Settlement & Survey Record It is maintained for survey of unassessed numbers & demarcation of public & private lands. Mainly this record was prepared in British era , it is maintained on need basis. Record of Rights It is being maintained since 1920 showing the proprietary/ ownership Rights of Rights holder in Taluka Mukhtairkar & Goth abad Mukhtairkar offices. Registries All registered deeds are documented in the offices of sub registrars 11 Survey Mannual & Sindh land Revenue Act

12. RECORD OF RIGHTS MAINTAINED WITH VILLAGE STAFF VF VII-A (Old) (1925-28) +(1955-57) ( meant for Special revision (Re construction/Re writing) Section 40 of The Sindh Land Revenue Act 1967) VF-VII-B (Old) (1920-69) Dakhil Kharij (1969-1987) VF-VII-A (New) Microfilmed (1985-88) VF-VII-B (After 1985) VF-II ( For town, village area Properties) (Regular ) 12 Perscribed in rule 72 of The Sindh land Revenue Rules 1968

13. LAND REGISTER . It is prepared at the time of initial survey, contains a series of S.Nos . with area having abstract at the end showing area of deh utilized under village, canals, forest, grave yards, culture able and un-culture able etc . 13

14. DEH MAPS. These contains shape and location of all Survey numbers of a deh with all marking of passages, roads, water canals, villages, Un-assessed numbers, forest land etc. 14

15. VF-VII-A (OLD) (1955-57) 15

16. VF-VII-A (OLD) (1955-57) 16

17. VF-VII-B OLD (1920-69) 17

18. VF-VII-B OLD (1920-69) 18

19. VF-VII-B OLD (1920-69) 19

20. Dakhil Kharij Register(1969-87) 20

21. Dakhil Kharij Register(1969-87) 21

22. VII-A (RE-WRITING) 1985-88 22

23. TAKRARI/DISPUTE CASES REGISTERS 23

24. TAKRARI/DISPUTE CASES REGISTERS 24

25. VII-B (Agriculture) (1988 & onwards) 25

26. VII-B (Agriculture) (1988 & onwards) 26

27. VF-II/TF-II (URBAN) (2010 & onwards) No Particular register was maintained. One Taulka form was maintained for whole taulka After establishment of PRC in 2010, VF-II for every Deh for urban land is separately maintained . 27

28. REGISTERS NOT ROR BUT CONSIDERED AS ROR 28 Number Shumari (1987 & onwards) Haqdaran (meant for taxes 1960-87) Survey Register (1880-1910)

29. NUMBER SHUMARI REGISTER 29

30. NUMBER SHUMARI REGISTER 30

31. HAQDARAN REGISTER(When DK in vogue) 31

32. HAQDARAN REGISTER 32

33. SURVEY REGISTER 33

34. GOTHABAD RECORD SINDH GOTH ABAD (HOUSING SCHEME), Act 1987 . The Sindh Goth Abad (Housing Scheme) Act 1987 was introduced in 1987, with an object to confer proprietary/ Ownership right to the existing occupant as-well-as to the shelter less people, in the rural areas of Sindh Province free of cost. Government made Rules there under in the year 2008, which are applicable to date. All such villages which are up to the mark and come into the ambit of these rule framed in 2008 shall be regularized. 34

35. GOTHABAD RECORD Rules 2008 The minimum requirement for regularization of village is more than 10 houses. The Director ( Gothabad ) ensure Drawing Maps to Survey Committee Members through GIS of taulka committee headed by Assistant Commissioner constituted under Rules -4 of Sindh Gothabad Rules 2008 for Door to Door survey, to get status of land and plot occupied for the use of residential/commercial purpose.  35

36. GOTHABAD RECORD The Survey Committee shall submit its report to the Allotment Committee headed by the Director Gothabad under Rules -3 of Sindh Gothabad Rules 2008 for approval. The Allotment Committee with the approval of BOR shall send its recommendation/ approval of the village for regularization of the Deputy Commissioner / Collector for issuance of sanction order under the Section-3 of Sindh Gothabad Act 1987. After regularization of village the Deputy Commissioner / Collector issue Sanads as per approved list of occupancy/ Villagers . 36

37. GOTHABAD RECORD 37

38. GOTH ABAD 38

39. Gothabad Record 39

40. GOTH ABAD 40

41. GOTHABAD RECORD 41

42. KATCHA/RIVERIAN LAND 42 The Settlement wing was established in February 1993 for maintenance & disposal of katcha land. The definition of Katcha land is that area between the protective Bunds of the River Indus is called "KATCHA”. At present the Flood Protective Bund on the left bank extends from Ubauro . District Ghotki to Shah Bunder, District Thatta, with a length of 320 miles and on the Right Bank from Kashmore , District Jacobabad, to Sehwan Sharif, District Dadu and from Jhirk - to Ghorabari , District Thatta, with a length of 250 miles.  

43. KATCHA LAND 43 The Government formulated policy in 1973 under Colonization of Government Lands Act 1912 for temporary leases, for a period of 10 years up to 24 acres of " Katcha Land" to the farmers . According to 1973 policy, preference of lease were: 1st Priority Darya Khurdi Claimants 2nd Priority Khas Mokal Right Holders 3rd Priority Haris .

44. KATCHA LAND 44 Policy was revised in 1993 and preference were reversed as:- 1st Priority Haris 2nd Priority Khas Mokal Right Holders 3rd Priority Darya Khurdi Claimants.

45. KATCHA LAND 45 Grant shall be made by the Collector. Grant shall be up to 16 acres. Grant shall be made to local landless hari of the Deh in which he has resided for not less than 10 years, haris belonging to the same Deh , Haris belong to the adjoining Dehs, Haris belonging to same tapa or adjoining tapa and the Haris belong to same Taluka etc. The Collector will reserve 16 acres of land for village sites wherever found feasible The grant is made transferable to the legal heirs of the deceased Haris

46. KATCHA LAND 46 The grant is made transferable to the legal heirs of the deceased Haris The grant is liable to be resumed/cancelled if the Haris fail to cultivate the land for two years out of the last 5 years without any grant or has failed to maintain good behavior in his granted area. The land is to be allotted in open Katcheries by the Collector in the same Deh in which the land is situated. The grantee is required to pay interest free price of land at Rs.100 per acre payable in equal installments spread over a period of 10 years.

47. KATCHA LAND 47 The grantee is required to pay to Government all Land Revenue, Usher , etc. as prescribed by the Government. Darya Khurdi rights to the extent of 32 acres without payment of lease money. Khasmokal and lease holders/lease to the extent of 32 acres convertible into proprietary rights payment of Rs. 750/- per acre. Hari ‘grants on permanent tenure to the extent of 16-00 acres on payment of R.s100/ per acre.

48. KATCHA LAND 48 LAND REGISTER

49. KATCHA LAND 49 KATCHERY REGISTER

50. KATCHA LAND 50 ALLOTMENT REGISTER

51. Katcha Land 51 FURTHER TRANSACTION REGISTER

52. NON-AGRICULTURAL LANDS 52

53. VF-II (old) 53

54. VF-II (new) 54

55. VF-II (new) 55

56. PLAIN TABLE SURVEYS & MINOR TRIANGULATION The B ritishers initiated city survey in the year 1918 part of B ombay revenue code The present city survey Act is copy of the Bombay code (part) with slight modifications 56

57. This survey is carried out under the provisions of the section 3(1) of the Sindh city survey act, 1987 and rules 1988, in respect of the buildings, roads and other developmental sites , in order to prepare the record of rights of the following properties: house holds. open plots. commercial areas. shops. industrial units, factories amusement and recreation plots. government buildings etc. establishment / identify boundaries of towns and cities. PLAIN TABLE SURVEY / CITY SURVEY 57

58. THE SIND CITY SURVEY Act, 1987* ( SINDH ACT NO.I OF 1987) [Karachi, the 26 th March, 1987] 1.Short title and commencement.. – (1) This Act may be called the Sind City Survey Act, 1987. Definitions. – In this Act, unless there is anything repugnant in the subject in the subject or context- (a) “building site” means a land or portion hereof held or reserved for building purposes, irrespective of whether any building has been erected thereon or not any includes an open space appurtenant to the building if erected thereon; 58

59. (b) “City” means a human habitation including village or town covering an area of land; (c) “Government” means Government of Sind; (d) “land owner” means a person who owns a land or building site; (e) “prescribed” means prescribed by rules; (f) “Survey Officer” means an Officer appointed under section 4; (g) “survey number” means a figure assigned to any land or building site for the purpose of identification of such land or building site. 59

60. 3. Survey.- (1) Notwithstanding anything contained in the Sind Land Revenue Act, 1967, the Board of Revenue may, be notification, direct that survey of any city and building site, therein be made. (2) The survey under sub-section (1) shall be conducted in such manner as may be prescribed and each building site situated within the limits of the city shall be assigned a separate number. 4. Survey Officers & their Powers. – (1) Government may, be notification, appoint any officer working under the Board of Revenue as Survey Officer. (2) The Survey Officer shall, without prejudice to the subsisting rights of the land owners, have power to fix and from time to time vary limits of the city by including therein or excluding there-from any land. 60

61. Sanad and its fee.- (1) Every land owner shall pay such survey fee not exceeding one hundred rupees as may be fixed by the board of Revenue and on payment of such fee he shall be entitled to a sanad if he applies for such sanad not later than six months of completion of the survey work; Provided that if the application for the sanad has not been made within the time aforesaid, the land owners shall pay such additional fee not exceeding twenty rupees as may be fixed by the Board of Revenue for obtaining the sanad . (2) The sanad shall be issued in such form and be executed by such officer as may be prescribed. Appeal. – Where any person is aggrieved by an order of the Survey Officer, he may prefer an appeal within sixty days of the order to the prescribed authority and any order made by such authority shall be final. 7. Rules.- Government may make rules to carry out the purposes of this Act . 61

62. THE SINDH CITY SURVEY RULES, 1988* PRELIMINARY 1. Short title and commencement.. – (1) These rules may be called the Sindh City Survey Rules, 1988. 3. Power of Director. – Subject to the general control and superintendence of the Board of Revenue Government, the Director shall exercise control over the Survey Officer and the staff working under him in relation to survey matters. Staff for survey operation.- The Survey Officer in conducting survey, be assisted by such staff as may be appointed by the Director in accordance with the relevant rules. 62

63. SURVEY OPERATION 5. Survey operation– The survey operations of a city shall consist of- (i) traversing of the land with theodolite and establishing traverse station in such a way that the stones, iron pegs or other devices used are not exposed to any damage by the inhabitants or cattle and the next station in any direction can easily be sighted from such station with the help of theodolite; (ii) holding of enquiry for the purpose of determining the correct limits and frontages of building sites and their ownership, careful attention being given to the encroachments and casements; (iii) mapping indicating detailed of survey work. 63

64. Director to issue a notice of survey operations.– (1) Where a survey is directed by the Board of Revenue to be made under sub-section (1) of the section 3, the Director, shall cause to be issued a notice in Form ‘A’, to the inhabitants of the city informing them about the introduction of the survey. (2) The notice under sub-rule (1) shall, in addition to any other manner prescribed by these rules, be given by proclamation and by getting it published in recognized local newspapers. Notice enquiry to individual claiments. – (1) Before an enquiry is held under rule 9, the Survey Officer shall issue a notice in Form ‘B’ which shall be affixed not less than ten days before the enquiry at some public place in the city and at a conspicuous place on the building site with respect to which the enquiry is to be held. (2) The notice shall also be served not less than ten days before the enquiry, on all persons who are known or believed to have or have made any claim in the building site. 64

65. Enquiry.– (1) The Survey Officer shall in relation to a building site enquire and determine- (a) the ownership, its tenure and liability; (b) the extent of encroachment; (c) the extent of easement; (d) whether it vests in Government or a local body; (e) whether it is unclaimed. (2) The survey Officer shall send a list of building sites not claimed by any person to the Director who shall, on receipt of such list, cause a public notice to be issued and affixed on each such site, requiring any person desiring to claim any interest in the site, to appear before the Survey Officer within the period specified in the notice, with documentary evidence of title and if any interest is claimed within the specified period, the Survey Officer shall enquire into the claim . (3) Where the claim under sub-rule (2) is not proved or no interest is claimed, the building site shall vest in Government. 65

66. (4) The relevant maps and the registers shall be corrected in accordance with the decision of the Survey Officer or where an appeal is filed in accordance with the final order passed in appeal. (5) The final results of the enquiry shall be recorded for each building site separately in a card, the form whereof shall be specified by the Director and such card shall be called the property card and shall be deemed to be the record of rights 10. Sanad . - After recording the final results under sub-rule (5) of rule 9, a sanad shall be issued by the Collector in Form ‘C’. APPEALS 20. Appeal against the order of Survey Officer. - The Director shall be the appellate authority for the purposes of section 6. 66

67. MISCELLANEOUS . 23. Rejection of appeals without enquiry into their merits. - In the case of default in respect of the provisions of rule 21, the appeal shall be liable to rejection without enquiry into the merit of the case. 27. Power of Survey Officer and officials working under him to enter upon any lands or premises for purpose of measurement. – It shall be lawful for the Survey Officer and the officials working under him, at any reasonable time to enter upon any land or premises, whether belonging to Government, or to private individuals, when necessary for the purpose of measurement, demarcation, fixation or inspection of the boundary line or for any other purpose connected with lawful exercise of their office under these rules; provided that no premises used as human dwelling shall be entered upon except with the consent of the occupier thereof or without serving one the occupiers a notice in this regard, of not less than seven days and that due regard shall always be paid to the social and religious traditions of the occupiers. 67

68. Proceedings held on holidays. – Any proceedings held before a Survey Officer under these rules on a day notified as a holiday, shall not be invalid by reasons of such proceedings having been held on that day. 29. Maintenance of survey record. - For all buildings sites which have been surveyed, it shall be the duty of the Director to intimate any arithmetical or clerical error discovered after completion of the survey, to the Collector for necessary correction. 30. Inspection and grant of copies of survey record. – The survey record shall be open to inspection and copies thereof may be granted in accordance with section 91 of the Registration Act, 1908 and rules made thereunder. . 68

69. FORM ‘A’ ( See rule 6) PUBLIC NOTICE All inhabitants of the city of _________________ are hereby informed that the Board of Revenue, Sind, has by its Notification No.________ dated __________ directed under sub-section (1) of section 3 of the Sindh City Survey Act, 1987, the survey of building sites and, the Survey Officer is likely to start work from _____________. Director Settlements, Survey And Land Records, Sindh . 69

70. FORM ‘B’ ( See sub-rule (1) of rule 1) PUBLIC NOTICE To, ______________ ______________ WHEREAS rights in or over the property (here describe the property) is to determined; NOW, THEREFORE, notice is hereby given that any person claiming any right is hereby required to appear before me either in person or by a duly authorized agent, together with document or evidence such person may wish to produce on ___________ at ___________ O Clock at the site / my office failing which the matter will be decided in his absence. Signature Designation of Officer . 70

71. FORM ‘C’ ( See rule 33) Form of Sanad for Building Site The Government of Sindh To, ______________ ______________ Whereas a survey has been made under the provisions of the Sind City Survey Act, 1987 in relation to building site details of which are given below:- ________________ ________________ AND WHEREAS Mr. / Miss / Mrs. ____________________ has applied for a Sanad in respect of the said building site; NOW, THEREFORE, this Sanad is hereby granted to the said _________ confirming the _________ in the occupation / possession of the said building site with the condition that occupation / possession of the said _______________ shall be both transferable and heritable and shall be continued by the Government of Sindh , without any objection or question as to title, to whosoever shall, from time to time, be its lawful holder. SIGNATURE OF THE COLLECTOR Secretary to Government of Sindh 71

72. Record maintained in City Survey Offices Enquiry Register. Enquiry Sheet (Map) Property Register. City Survey Sheet (Final Map) Property Card. Vouchers.

73. City Survey Record 73 The City Survey manual 1932

74. CITY SURVEY SHEET 74

75. City Survey Record 75 The City Survey manual 1932

76. City Survey Record 76 The City Survey manual 1932

77. City Survey Record 77 The City Survey manual 1932

78. City survey Record 78 The City Survey manual 1932

79. City Survey Record 79 The City Survey manual 1932

80. City Survey Record 80 The City Survey manual 1932

81. C ity Survey Record 81 The City Survey manual 1932

82. City Survey Record 82 The City Survey manual 1932

83. city survey card 83

84. CITY SURVEY SALE CERTIFICATE Signature of Assistant Commissioner Signature of Mukhtairkar / CSO Signature of City Surveyor This form is specified for the Village Form-VII &II, but it is being used for City Survey, whereas the entire city Survey Record is in English. 84

85. Property Registers (karachi Division) 85

86. Property Registers (karachi Division) 86

87. CONVERSION OF AGRICULTURE TO NON AGRICULTURE OF LANDS 87

88. CIRCULAR Subject : -Mutation of agricultural land on convertion for non-agricultural, purpose . It has been observed that Memorandum No.J-88-79/Rev-I(ii)/534, dated 18 th March , 1980 of the Board of Revenue, Sindh addressed to the Commissioners and the Deputy Commissioners through which it was clarified that non premium or altered assessment should be charged in respect of the lands which are used for any other purpose and the Circular No.KB-1/MISC/2040/1981 , dated 16.08.1981 of the Secretary to Government of Sindh, Land Utilization Department through which it was clarified that the Kabuli lands could be used for any purpose without obtaining permission from any Revenue Officer but only Survey Department is to be informed to correct the record are being misinterpreted. 88

89. Both these Circulars were issued only to clarify that neither any premium or altered assessment is to be charged nor any permission for charge of use of private Kabuli land from any Revenue Officer was necessary. As far as maintenance of record of rights is concerned, there are separate forms for showing ownership and subsequent mutation of Agricultural land and land used or assigned for Non- Agricultrual purpose . 89

90. 2. The Board of Revenue after examining the Recommendations of Prevention Committee of NAB, ground realties and bottlenecks and impediments, in proper maintenance of Record of Rights is pleased to issue the following instructions which should be treated as Standing orders and be strictly followed: 90

91. The land owner intending to change the use of agricultural land for non-agricultural purpose should get the proper layout plan of the land prepared and approved from the concerned Town Planning Authority or Sindh Building Control Authority, which has the jurisdiction in this respect . Similarly , in case where the mutation of agricultural land has already been made in shape of plots without approved layout plan, the concerned right holders / land owners may be advised to get the layout plans approved before any further transfer or change ownership. 91

92. (b) The approved layout plan duly signed by the land owner, and if land is owned by more than one person, jointly by all the co-sharers may be produced with application supported by an affidavit before the concerned Assistant Commissioner. (c) The Assistant Commissioner shall verify the ownership and then approve transfer of the entry from VF-VII to VF-II . Entry in VF-VII shall be made inoperative by writing a specific note to this effect on the entry; and such note duly signed by Mukhtiarkar and the Assistant Commissioner be got scanned in Provincial Record Cell. Entry in VF-II may then be made plot wise showing area of each plot . (d) Assistant Commissioner shall also get the Deh Map and Village Form-I corrected by making such reference by adopting the normal procedure to the Director Settlement Survey and Land Records or the Survey Superintendent concerned as the case may be. SENIOR MEMBER BOARD OF REVENUE, SINDH 92

93. Concluded 93