Section 121 in Rajasthan Land Revenue (Land Records) Rules, 1957
121. General instructions.
- (i) The mutation register shall consist of a counterfoil and foil. The former is the Patwari's copy of register, while the latter is removed after orders have been passed and sent to the Tehsil to be with the quadrennial Jamabandi, when it has been prepared. The counterfoil of mutations thus sent, shall remain lying with the Office Qanungo for 4 years to be filed with that Jamabandi.(ii)The Patwari shall make entries in the column to 7 in a reasonably abbreviated form. In case affecting a number of holdings more specially where there are a large number of co-sharers and only one or two have transferred their share, the names of co-sharers transfer ring their shares should be entered in detail and the names of others may be omitted with a note "Baki Indraj Jamabandi Badastoor." The column No. 8 will be filled up when the new Jamabandi has been prepared. If the transferor as shown in column No. 3 sells or mortgages certain field and gives possession to the transferee, the letters name must be shown in column No. 9, a brief explanation of this tenancy be noted in column No. 17. In column No. 9 a brief explanation of this tenancy be noted in column No. 10 to 13, the Patwari shall enter the particulars of land proposed to be transferred and in column No. 14 he shall indicate the cause of such transfer in brief. After Mutation has been disposed of the mutation fee due should be entered in both the foil and counterfoil by the mutation attesting authority in column No. 15. The Patwari shall make entries of demand in column No. 16.(In case of every transfer of land the Patwari shall make the following entry in column 16 (Remarks) -It is certified that an entry regarding the affect of this mutation has been made in the Pass Books of both the seller and buyer:] [Added by G.S.R. 24, dated 7-5-94; published in Rajasthan Gazette Part IV-C(I), dated 12-5-94, p. 18.][Provided that in the areas notified by the State Government under Rule 118-A, the Patwari shall make entries in column 2 to 9 of Form No. P-21C in place of Form No. P-21, in a reasonably abbreviated form. In case affecting a number of holdings, more especially where there are a large number of tenants and only one or two have transferred their shares, the name of all co-tenants transferring their shares shall be entered in detail in column 3, 10 and 19 of Form No. P-21C. The column 11 of Form No. P-21C shall be filled while preparing the new Khata. If the transferor, as shown in column 3 of Form No. P-21C, sells or mortgages any holding and gives possession to the transferee, the latter must be shown in column 10 of Form No. P-21Q and a note of it shall be put in column 16-A of Form No. P-21C. The Patwari shall enter the particulars of land proposed to be transferred in column 10 to 15 and 16-A of Form No. P-21 C and he shall indicate the cause of such transfer in brief. After mutation has been sanctioned, the mutation fee shall be entered in both the foil and counter-foil by the mutation attesting authority. The Patwari shall make entries of demand in Form No. P-21C.] [Added by Notification No. F. 4(1) Rev-6/06/Part 33, dated 27.12.2011-Rajasthan Gazette Extraordinary, Part 4(C)(1), dated 16.3.2012.](iii)The Inspector must attest, by personal examination of the papers concerned, every entry made by the Patwari in the counterfoil & foil noting briefly that he has done so with date below his report in the latter. He must sign the entries in both counterfoil and foil. The Inspector shall within Substituted by [ten days] [G.S.R. 29 dated 4-6-86; published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 26-6-86, p. 507.] of receipt of the patwari's report, for ward the papers to the Revenue Officer or other authority empowered to sanction the mutation.(iv)The Revenue Officer (The Tehsildar, the Naib-Tehsildar or an Assistant Collector) or the village Panchayats to which the powers under Section 135 of the Rajasthan and Revenue Act, 1956 have been delegated, as the case may be should carefully compare the entries in the counterfoil, and foil and must write his order on the latter. He should see that entries in the mutation sheet at his orders thereon are neatly and legibly written. The order should show the parties interested, whether all were present or any one was absent, the way in which his evidence was obtained or it was not obtained, what opportunity was given to him to present, who identified the parties present and the place at which and the date on which it was written. In mutations of alienation of land the caste and sub-caste of the party should be named in the order. No detailed record of the statements of parties and witnesses need be made but the order must state briefly the persons examined by the Revenue Officer, the facts which they deposed and the grounds of the order. Except where the mutation order relates to an entire holding and in case of undisputed inheritance. the Revenue Officer must enter in his own hand the number of the fields affected and their total area.(v)The Revenue Officer must write with his own hand in the counter foil a brief abstract of the operative part of the order giving the number of the fields affected and their total area thus "Dakhil Kharij Numberan Fallan Raqba Fallan Manzor Hai" No recital of the facts on which the order is based should be entered in the counterfoil.(vi)When mutation is refused the Revenue Officer must similarly pass an order to that effect on the foil and note the facts in the counterfoil. He must sign the entries in the counterfoil after comparing them with those on the foil.(vii)For the action to be taken with reference to share in the "Shamlat" area the instructions contained in paragraph 126 should be followed Regarding the procedure to be observed in connection with alienations which affected by the relevant sections of the Land Revenue and Tenancy Act the instructions contained in paragraphs 137 and 138 should be observed.(viii)To save stamp duty and registration fee on deeds relating to the alienations of immovable property, it has become the practice, especially in urban areas, to execute instead of a regular sale-deed, two documents as follows:(a)a receipt for the payment of the price of the property which is described as having been orally sold together with.(b)an indemnity bond relating to such oral sale, and then get both these documents registered. Thereafter the sale is reported for mutation proceedings as 'Zabani Bazaria Rasid Registri Shuda' with the object of clothing what is essentially an oral transaction with something of the protection attaching to the registration proceedings. In such case, no mention of any receipt or indemnity bond should be made in the mutation proceedings either in the Patwari or Insepctor's report or in the order of the Revenue Officer who should treat such transactions purely as 'Zabani' and not at 'Zabani Rasid Registri Shuda'.Any contravention of these instructions by the Patwari and other revenue staff will be severely dealt with.(ix)The reference in the preceding sub-paragraphs to Revenue Officer shall, wherever powers under section 135 of the Rajasthan Land Revenue Act, 1956, have been delegated to the Village Panchayats be deemed to include the village panchayats.(x)All mutation cases must be disposed of by the Revenue Officer or the Village Panchayat, as the case may be, in accordance with the procedure laid down in these rules within twenty days of the receipt of the papers, and if any case is not disposed of within this period by a Village panchayat, the Sub-Divisional Officer shall arrange to transfer the same for immediate disposal to the Tehsildar of the Tehsil in whose jurisdiction the land is situated.(xi)The patwari shall maintain a Check Register in form No. P-21 A. The date of receipt of written report, if any. or the date of taking cognizance of the event suomoto under Section 133 of the Act, the date and serial number of entry in the Mutation Register (P-21), the date of putting up papers to the Inspector Land Records, the date of forwarding papers by the Inspector to the Revenue Officer or other Authority empowered to sanction the mutation, the date of report to the SDO, the date of order passed by him for transfer of papers from the Panchayat to the Tehsildar and date of final sanction shall be recorded in this Register.
