Section 138 in Rajasthan Land Revenue (Land Records) Rules, 1957
138. Right of absentees.
- (i) When a right holder entered in the record of rights or annual record as "Ghair Hazir or Ghair Qabiz" has not 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 Tehsildar.(ii)When a right holder, entered in the record of rights annual record whether he is or is not described therein as an absentee (Ghair Hazir or as out of possession (Ghair Qabiz), has not been heard of for five years by those who would naturally have heard of him if he had been alive, the officer attesting the mutation may (unless he sees reason to the contrary) presume that he is dead and pass orders on the case accordingly: but before ordering the omission of his name from the record of rights or from annual record, such officer should satisfy himself that all reasonable endeavour has been made to ascertain whether the absentee is alive and to give him a n opportunity of appearing. No new entry of any one as "Ghair Nazir" should be made. A right holder should not be entered as "Ghair Qabiz" if he is himself in legal or constructive possession, or when he has put some one else in possession, on his behalf or the land is lying waste or he is unable to cultivate it by reason of poverty. A familiar instance would be of a person serving in the army who has left his land in his brother's possession while he is with his regiment. In this case such a person should be entered as in possession of land through his brother. An entry of 'Ghair Qabiz' should not be made unless some person other than the right holder is in adverse possession. In the case of the entry of "Ghair Qabiz" for a Khatedar tenant the provision of section 60 of the Rajasthan Tenancy Act will be followed carefully.(iii-A) No entry adversely affecting the interests of an Indian soldier serving under special conditions within the meaning of Section 3 of the Indian Soldiers (Litigation) Act, 1925 (Central Act No. 4 of 1925) shall be made, so long as he is serving under such conditions and during the period of six months thereafter.(iv)No effect shall be given to any order (a) directing the omission of the name of the right holder who has been entered as 'Ghair Hazir' or 'Ghair Qabiz' or (b) directing the entry of right holder as 'Ghair Qabiz' until such order has been confirmed by the Collector.
