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Standing Order of the Financial Commissioner Himachal Pradesh Standing Order "No. 5"

HP077

Inspections

Note.-1. The instructions in this Standing Order apply to Sub-Tehsils also The word "tehsil" means a "Sub-Tehsil" and "Tehsildar" shall mean a "Naib-Tehsildar" when the inspection relates to a Sub-tehsil.

2. "Sub-Divisional Officer (Civil)" shall mean the "Sub-Divisional Collector" if the powers of Collector have been conferred upon the officer otherwise it shall mean "the Assistant Collector of the First Grade" if he enjoys the powers of this grade only.

Note. - As a matter of policy, all the inspecting officers should give priority to those tehsils, sub-divisions and districts for inspection which have been afflicted by natural calamities such as drought, hail, flood and fire etc. or otherwise require the attention of the Government because of its peculiar problems or have remained uninspected for long.

(i) court work (revenue and criminal),

(ii) partition cases,

(iii) cases under land reforms laws,

(iv) execution of orders of Civil Courts,

(v) cases of lambardars etc.

(i) Revenue record and various statements and returns connected therewith, (ii) Patwaris and Kanungo's cases, (iii) human census, (iv) cattle census, (v) agricultural census, (vi) election work,- (vii) natural calamities and gratuitous relief, (viii) miscellaneous land reforms work and (ix) resumption of muafi cases etc.

Revenue accounts and land acquisition cases etc. other than the Public Works Department and the State Electricity Board.

Office routine, matters relating to chaukidars, peons and other miscellaneous matters.

Registration work

Registers for Revenue Courts prescribed under para-2.

1. Revenue Court cases.

2. Execution of decrees in revenue court cases.

3. Objections in executions.

4. Miscellaneous applications.

5. Witnesses.

6. Persons punished for contempt of Court.

7. Dates fixed for hearing of cases.

(i) that the work is disposed of punctually,

(ii) that the files are consigned to the record room promptly,

(iii) that the suit register properly Indicates the relief decreed and the amount of the costs awarded so as to avoid the necessity of referring to the file at the time of application for execution.

(iv) that the appellate orders are properly noted and also the relief and the costs awarded by the appellate court,

(v) that the suit and the execution registers clearly show the extent to which the decree has been executed,

(vi) that the entries in the two registers are properly linked,

(vii)the pending files should be checked to see that witnesses present for more than one day are so noted in register-V,

(viii) that the plaints document are properly stamped,

(ix) that the names of the parties given in the plaint on comparison with the extract from the jamabandi show that all the necessary persons impleaded are parties to the case and no one has been impleaded who is neither a co-sharer nor a tenant in the holding and over whom the revenue court has no jurisdiction. If some person has been wrongly included as a party or has been omitted from the plaint, see that the court has taken action in striking out unnecessary party and adding the necessary party,

(x) files of proceedings and suits between landowners and tenants should be scrutinised in the light of Standing Order No. 1,

(xi) it should be noted if common proceedings have been taken in suits involving the same parties and the same points of law and facts.

Registers For Revenue Officers (Para 3) Standing Order No. 14

(ii) Pending files should be gone through to see if there are unnecessary adjournments and if cases are taken up on the spot.

(iii) Check a certain number of entries to see if the register of mutation of names is regularly written up.

(iv) Check that all files are entered in Register I as soon as instituted and not when reported to Sadar.

(v) Check whether patwaris report casualties promptly.

(i) This register should be examined in order to detect delays. Column Nos. 6 and 2 should be referred to and causes of delays should be carefully enquired into.

(ii) Pending files should be examined to see if all have been entered in the Register.

(iii) Check a few files to see:-

(a) that there have been no undue delays or adjournments.

(b) that the preliminary hearing was held on the spot (Chapter 18.6 of the Land Records Manual),

(c) that the partition was properly carried out (Chapter 18.-12 of the Land Records Manual),

(d) that the mode of partition was clearly reported (Chapter 18.10 of the Land Records Manual),

(iv) Names of the parties given in the application for partition should be compared with those noted in the parcha jamabandi and it should be seen whether all the necessary co-sharers nave been made parties in the case and that all of them were duly served with notice. In cases of partition of land held by recorded tenants, both landowners and tenants should be parties.

(v) See that ex-parte proceedings are not taken without showing sufficient cause.

(vi) Check that the provisions of Chapter 18.10 of the Land Records Manual are observed in determining the mode of partition, and that the mode is not vague.

(vii) Ascertain whether there has been any undue delay in effecting the partition and, if so, why.

(viii) Ascertain whether there has been any undue delay on the part of the field staff in effecting partition on the spot. If so, reasons for delay should be looked into. In case there are no sufficient reasons, responsibility for delay should be fixed on the concerned official.

(i) V-B-Cases under chapter VI of the H.P. Land Revenue Act.

V-l-B—Cases under section 103 of the H.P. Land Revenue Act.

V-II-B—Cases for which no other register is provided.

(ii) The receipts for writs and warrants (Standing Order No. 8) and the monthly statement of writs and warrants (Standing Order No. 8 paragraph 11 should also be seen).

(iii) Ascertain the number of writs and warrants of arrest and attachment and cases of actual arrest and attachment, and reasons for any remarkable figures.

(iv) Check that a separate process is issued for each default.

(v) Check balances of forms with numbers, sent and issued.

(vi) Check talbana receipts with day-book or register of classified items and dakhilas.

(vii) Ascertain the talbana balance as shown in the monthly tauzi with the above registers.

(viii) A few pending and decided files of recovery of revenue should be checked and it should be observed whether there has been any unreasonable delay or irregularity of procedure.

(ix) Ascertain that correct amount of talbana is being levied.

(x) Ascertain whether the ahlmad understands what cases are to be entered in registers V, VI or VII and that the entries are correct.

III-B—Register of cases relating to Chapter V of H.P. Land Revenue Act other than assessment of resumed assignments.

XI--Register of cases relating to execution of orders of civil and criminal courts.

XI-A--Register of cases relating to execution in revenue courts.

XII—Register of cases relating to division of produce under section 156 of H.P. Land Revenue Act. XIII — Register of cases under the H.P. Land Revenue Act for which there is no other register.

XVI — Register of cases enumerated in section 57(1) of the H.P. Tenancy and Land Reforms Act, 1974.

I. Check whether these returns present regularly, correctly and by due date to the Deputy Commissioner.

II. Check whether the Office Kanungo has maintained the note books for each estate, for each assessment circle and for the tehsil.

III. Ascertain whether:-

(a) the accounts of blank forms and their issue to Patwaris and Kanungos are kept properly,

(b) the accounts of the Patwari and Kanungo establishment are upto date,

(c) the accounts of mutation fees are properly maintained,

(d) information called for by the superior authorities is supplied timely,

(e) reports of natural calamities submitted by Patwaris and Kanungos are in accordance with the provisions of the Emergency Relief Manual and are brought immediately to the notice of the Tehsildar for onward transmission to the Deputy Commissioner through the Sub-Divisional Officer (Civil). In case of delay what action has been taken against the delinquent.

1. Copy of register of accepted Patwari Candidates.

2. Stock register of Patwari forms.

3. Stock register of forms used by the Kanungos and Tehsildars.

4. Copy of register of Patwari Circles.

5. Register of rainfall.

6. Register of prices current (Daily or Weekly).

7. Register of mutation of names of Lambardars.

8. Register of annual returns filed by Patwaris.

9. List of villages (if any) exposed to river action.

10. Register of contingent expenditure met from permanent advance.

11. Consolidated register of survey equipment and almirahs or boxes in charge of Patwaris.

12. Register (in several parts) of revenue free tenures.

13. Register of abstract of orders to which effect is to be given in Patwaris Salary Bills.

14. List of Civil Military Pensioners.

15. Register of interogatories.

15. Register of survey marks.

17. Register of Patwar Khanas.

18. Files regarding registration memoranda.

19. Lists of accepted and rejected mutations.

20. Register of resumption of muafis and pension.

21. Register of Patwaris and Kanungos.

(a) Land Acquisition cases. - Find out how many cases are pending at the tehsil. Satisfy yourself that the prescribed procedure is being followed and there is no avoidable delay.

(b) See how much money is lying with the Tehsildar on account of compensation for land acquired and what steps are being taken to disburse it to the persons concerned.

(c) also see whether a tehsil office goes to the spot or whether the persons are being called to tehsil for petty items.

(i) Inspect the orders for suspensions, remissions and collections in the last harvest.

(ii) Check a few files to see whether the field staff sent up suspension and remission cases promptly to the Tehsildar and these were complete in all respects in accordance with the provisions of the H.P. Emergency Relief Manual.

(a) Kistbandi of fixed land revenue (Paragraph 11, Standing Order No. 10.)

(b) Kistbandi of fluctuating land revenue (Paragraph 16, Standing Order 10).

(c) Running register (Paragraph 28, Standing Order No. 10).

(d) Khatanui (Paragraphs 32-35, Standing Order No. 10).

(e) The Tauzis (Paragraphs 36-39, Standing Order No. 10),

(f) The Tahrij kept by the Wasil Bagi Nawis.

(a) to see that all items of demand appearing in the revenue accounts have been paid or are shown as due;

(b) To see that all items which (from the treasury accounts) appear to have been collected were really due, and have been credited to the payer's account.

(1) The demands statement or order :- This may take the form of a Kistbandi (as in the case of fixed and fluctuating land revenue and sortie item of other land revenue) or the mutation fee list to the register of talbana or an order on a file. In certain cases detailed below, there must be an entry in the running register.

(2) The Khatanui:- It shows how the account of each village stands.

(3) The arzirsals.

(4) The treasury accountant's day-book or register of classified items.

(5) The Dakhila counter foils.

(b) Permanently excluded from rent roll. - In the case of collections from estates held under direct management and of fluctuating assessment, wheter of canal or other lands, the demand order is contained in a Kistbandi and no entry need be made in the running register. It should be seen that this is understood properly as tahsil officials often unnecessarily enter these items in this register. In the case of other items of permanently excluded land revenue, an entry in the running register is necessary. Such items are rare and should be enquired for.

(a) Find out whether the demand to the end of the last month under "other land revenue" agrees with that shown in the tauzi.

(b)The Tauzi. - Look through the balances of revenue and ascertain reasons for delay in collection of recoverable balances. The monthly list of balances submitted in accordance with Standing Order No. 10 paragraph 37 should be consulted.

(c)Nutation fees. - Compare statement of demand with Khataunis and check entries of payment, in the latter with the day-book.

(d) See that the Patwaris receipt for his share is attached to the arz irsal.

(a) Taccaviloans (Standing Order No. 11)

(b) Mislband register, (Standing Order No. 11 paragraph 45).

(c) Kistbandi for loans under Act XIX of 1883 (Standing Order No. 11, paragraph 40).

(d) Khatauni, for loans under Act XIX of 1883 (Standing Order No. 11 Paragraph 39).

(f) See that wells for which loans have been granted are inspected.

(h) Ascertain the amount of arrears under each Act.

(i) Loans advanced under other enactments are also recovered as arrears of land revenue. Ascertain if the recovery in such cases is being effected regularly.

(j) Check some entries of repayments with the arz irsal, dakhila, counterfoils, and cash book. See the separate arz irsals are made out by the Patwiri for each debtor, and that the lambardar does not credit the whole amount due from the village in a lump sum.

(k) See that the entries of collections in the khataunis ae initialled by the tahsildar after comparison with the day-book.

(l) see that penal interest is charged on instalments more than one month overdue. (Standing Order No. 11 paragraph 3).

(m) See that the interest is charged with effect from the due harvest. (Standing Order No. 11 paragraph 2).

(n) Check the pending files to see that the grant of taccavi is not being delayed.

(o) Check the files relating to the suspension of recovery of taccavi loans and other Government loans and see whether orders of the Government have been complied with.

(a) Khataunis of single harvest leases.

(b) Kistandis of single harvest leases.

(c) See if any files have been pending too long in the tehsil and whether the proper procedure is followed.

(d) Compare Khatauni with the demand statement and with the arz irsals and dakhila counterfoils, and see that the entries agree.

(e) Ascertain whether the demand for single harvest leases is brought on the running register or not. When there are many such leases and a regular kistbandi of demand is prepared, it is unnecessary to bring them on this register.

(1) See that the copy of the Indian Registration Act and Rules and Registration Manual are kept upto date.

(2) See that the various books (Books I-VI) prescribed for different purposes are properly maintained and steel almirahs have been provided for their safe coustody.

Check As Follows

Book No. 1

I. Read over the endorsements of three deed in each volume registered since the last inspection and note:-

(i) Are the endorsements in the forms given in C(6), D(10) and E(18) (or as the case may be be) of Appendix IV?

(ii) Are the written by the Sub-Registrar with his own hand where this is obligatory? See paragraphs 151.

(iii) Are both the alienor and alienee identified, in a proper manner ? See paragraph 126 and 127.

(iv) Does the Registering Officer certify in the section 60 certificates that thumb-marks were taken in his presence ? See paragraph 130.

II. Read over the important part of 15 deeds in each volume, electing at least 3 deeds of sale,3 deeds of lease and see:-

(i) Are (a) consideration for and (b) nature of the deed and (c) number of words and (d) copying fees correctly stated in column 2 of the register ?

(ii) Are stamps shown in column-I correct ?

(iii) Have registrations fees been correctly assessed ?

(iv) Are interlineations, and c, in the original deeds copied exactly and noted in the register by the Sub-Registrar in accordance with section 20 of the Indian Registration Act, 1908.

(v) Are references under paragraph 65 duly noted ?

(vi) Are corrections made in red ink and attested by the registering officer? See paragraph 103.

(vii) Are deeds of mortgage being registered as leases ? See paragraphs 80.

(viii) If the property is not wholly situated in his jurisdiction did the registering officer send a memorandum of copy of the document to the Sub-Registrar or Registrar concerned and was a fee realized for preparing the copy to be sent to the Registrar? See sections 64 and 65 of the Indian Registration Act, 1908 and paragraph 156.

(ix) Had the Sub-Registrar jurisdiction to register, see section 29 of the Indian Registration Act, 1908 and paragraph 116, and where the documents presented within time ? See sections 23, 25 and 34 of the Indian Registration Act, 1908. Question for Indpection concluded.

III. Are documents consecutively numbered by the calendar year (Section 53), and are the provisions of paragraph 103 observed ?

IV. Are certificates at the end of a year and of a volume in the proper from, and are lists of errors attached to them in a tablular form ? See paragraphs 60 and 61.

V. Has the registering Officer examined each volume on receiving it from the office of the Registrar? See paragraph 58.

VI. See that only vernacular figures are used in the resisters? See para 98.

VII. Is the cancellation or amendment of deeds by the civil courts or by the Deputy Commissioner noted in red ink ? See para 99 to 101.

Supplementary Book 1

I. Are heading of the butts properly filled up ? See para 66.

II. Are endorsements on memos, and copies, and c, properly made ? See para 66.

III. Are the documents indexed in indexes Nos. I,II.

BOOK 2

I. Are the grounds for refusal sufficient ? See section 35 of the Indian Registration Act, 1908 and paras 71 and 137.

II. Are they in the handwriting of the registering officer ?

BOOK 3

I. Read over a few documents and see that only wi11s and deeds of adoption which are also wills are registered in this book. See para 72, 73 and 80.

BOOK No. 4

(i) See that the points noted under Book-I are, so far as applicable correct in book 4 too.

(ii) Read over two or three documents of each kind and see-

(1) that none of the documents registered in this book relates to immovable property;

(2) that the nature of the documents is properly described;

(3) that powers of attorney are classified into special and general and that general powers have not been stamped as special powers;

(4) that powers of attrney for conducting cases within the Punjab have been stamped with court-

Book-6

Indexes

(1) Are they up-to-date ?

(2) Are entries correctly made ? Compare some entries with the books.

(3) Are the indexes of the past years bound up ? See paras 88 and 90.

Subsidiary Books

Fees Book

(1) Check some entries for consecutive days with the registers, receipt books A and B, statement III and siaha.

(2) Are fees promptly paid into the treasury ?

(3) Are monthly totals made in red ink and signed by the registering office ?

(4) Are the entries signed daily by the registering officer and by the treasurer when he receive money?

Receipt Book "A"

Note. - This book will show whether there are any documents which have not yet been copied in the registers or not returned to the persons entitled to get them.

(1) Are documents copied and returned the same day ?

(2) Is the date of the returns of documents noted on the reverse ?

(3) Are numbers of documents, book and volume noted on the reverse ?

(4) Is the signature or the thumb-impression of the person if illiterate with his name written in vernacular to whom the documents is returned taken on the reverse ?

(5) Are receipts numbered consecutively in annual series ?

(6) What documents are lying unreturned and what are the reasons ?

(7) Does the numbers of unreturned documents present in the office correspond with the number of absent counterfoils ?

(1) Chaukidars pay in Districts where the Chaukidars are under the Revenue Department (Standing Order No. 6, Paragraph-9)

(a) See whether register (1) has been opened and whether the entries are properly made. (Standing Order No, 6, paragraph-9).

(b) See whether any action has been taken against Lambardars who have not presented the chaukidars receipt for pay.

(c) See whether all pending files are entered in register (2), and that they were entered when instituted and not when reports were submitted to the sadr.

(1) Register of parwanas from sadr. (Standing Order No. 14).

(2) Dak register.

(3) Register of service stamps.

(1) Diary of watch and ward and roster of duties (Standing order No. 14, paragraph 11).

(2) Register of service or process from other Districts.

(3)Register of service or process from other Districts. See that (i) the work is properly distributed among the chaprasis, and that they are not allowed to spend un-necessity time over their work

(ii) There is sufficient number of them and that they are available for duty.