guidelines for revenue case management -...

GUIDELINES FOR REVENUE CASE MANAGEMENT

For Presiding Officers/Revenue Officers of Revenue Courts/Offices

INTRODUCTION

• Revenue officers performs Administrative functions under land

revenue laws. Besides other functions revenue officers render service

delivery like transfer of property, preparation, maintenance and

updation of its records, resolution of property disputes in the form of,

its identification, demarcation, assessment and partition.

• Similarly revenue officers also performs quasi-judicial functions in

disposing off issues between land-lord and tenant under Khyber

Pakhtunkhwa Tenancy Act, 1950 by following procedure as laid in

Civil Procedure Code.

Contd...

• In discharge of above referred functions revenue officers face problems and

unwarranted delay, generally owing to lack of knowledge of laws and procedures, in

coherent Standard Operating Procedures (SOPs) manipulation of laws and

procedures, delaying tactics etc.

• These guidelines are aimed at providing a uniform Standard Operating Procedures

(SOPs) and to assist revenue officers in effective monitoring of different phases of

services so rendered, to manage effective service delivery in definite time and also to

simplify complex/redundant procedures for court cases for timely disposal for public

convenience. These guidelines are in light with revenue laws and rules and shall

provide facilitation by affording Alternate Dispute Resolution (ADR) and proactive

functioning by Revenue Officers by invoking inquisitorial methods.

Contd...


• Revenue Officers perform quasi-judicial functions in disposing of:

• Application for official partition under Land Revenue Act,1967

• Suit for produce and Ejectment under KPK Tenancy Act, 1950.

• The procedure to dispose of application for official partition is given in section

135–150 of the Land Revenue Act, 1967. The Presiding Officer (PO) dispose of the

applications as revenue officer. However, where the Act is silent on certain

procedural issues, the PO take assistance of Civil Procedure Code (CPC), 1908, as

per law.

Contd...


• Revenue officer acts as revenue court in resolving disputes between land lord and

tenant under the tenancy Act, 1950: Hence follows the procedure as given in CPC

1908.

• Revenue cases referred above lying before revenue courts are suffering from

unwarranted delay. The petitioner must fight on different ends to seek justice

while oppressor manipulates loopholes in law and procedure to frustrate the

justice to the aggrieved. Therefore the law is not being interpreted and

implemented in its true spirit to dispense justice and relief to the public.

Contd...


• Therefore, need is felt to describe, clarify and simplify the various aspects of

the legal structure for public convenience and also to instruct revenue

machinery to serve public responsively transparently and efficiently.

• These guidelines are issued within legal parameters and aim at:–

• To sensitize presiding officer for quick disposal of revenue cases

• To identify common reasons for delay in disposal of revenue case

• To enhance case management skills of presiding officers

• Effective monitoring and supervision mechanism

• Simplifying stereotype procedure for public interest.

Contd...

CHECKLIST

• For Partition Application

S. No Document Check

1. Application Duly Signed and Verified by Petitioner

2. Fard Zair-e-Kaar

3. Fard Qabza

4. Naqsha Alif

5. Wakalatnama

6. Power of Attorney

7. Name and Addresses of the Respondents

8. Miscellaneous

Contd...

CHECKLIST

• For Suit for Produce and Ejectment

S. No Document Check

1. Plaint Duly Signed and Verified by Plaintiff

2. Fard

3. Gardawari of the Period Concerned

4. Names and Complete Addresses of Defendant(s)

5. List of Witnesses

6. Wakalatnama

7. Power of Attorney

8. Miscellaneous

Contd...

Application for Official Partition & Suit for Produce and Ejectment

• Following are the itemized issues with respective solutions with legal parameters, timeline for predictable assured service provision.

S. No Issue Solution Reference

Action

By

1.

To procure

attendance

of

numerous

responden

ts it takes

months for

PO to

ensure

attendance

.

At the very first hearing the presiding officer will

ensure examination of petitioner (Oral or in

writing) or his attorney to know against whom he

seeks relief out of numerous impleaded

respondents. The presiding officer will issue

summons to the respondents pointed out by the

petitioner. The subsequently service to other

numerous respondents will be affected through

publication once the personal service of the

necessary party (actual respondents) get

completed.

Order X

Rule I & II

Order XV

Rule II

PO/RO

Contd...


S. No Issue Solution Reference Action

By

2.

Ineffective Process serving,

revenue courts seek

assistance of process servers

of civil courts. The process is

either delayed or returned

improper. The revenue officer

has no authority over the

process servers.

The patwari of the concerned Mouza

may be asked to serve the summons,

in districts where the civil process

servers are not working effectively.

- DC

3.

Presiding officers follow

adversarial system. Hence do

not attempt to determine the

truth himself.

Presiding officer to be inquisitive by

invoking Alternative Dispute

Resolution (ADR) mechanism.

If there is no dispute as to title PO

should proceed into mode of partition,

in presence of the parties. Hence

attempt be made to develop consensus

over mode of partition.

O1 RV X.O:

X ,XI CPC

18.6 and

18.10 Land

record

Manual

Ch: 12 LRA

Sec 89 A

CPC

PO/RO

Contd...


S. No Issue Solution Refere

nce

Action

By

4.

Delay in submission of

written statement/

written reply.

PO has the authority to struck-off right to

submit written statement /reply if delayed

despite repeated directions duly reflected in

order sheets.

Order

VIII R

X CPC

PO/ RO

5.

Miscellaneous

Applications: Disposal

of applications like

temporary injunctions,

dismissal of partition,

question of title etc.

Consume much time of

the revenue officer.

These applications are

sometime placed to

delay the proceedings.

The PO should be vigilant in disposing off

miscellaneous applications. Such

application may be quickly dispose-off by

giving short dates, recording the demeanor

of the counsel delaying the proceeding,

invoking Order VIII R X by striking off

defense of party.

Order

VIII

Rule X

PO/ RO

Contd...


S. No Issue Solution Reference Action By

6.

Delay in

recording

evidence

If delay by plaintiff/petitioner, then his

application/plaint be dismissed.

In case of defendant/ respondent, his right may be

struck off and PO may proceed ahead.

OXVII R III PO/RO

7.

Delay in

submission of

revenue record

PO to push revenue staff for prompt submission of

record. The delay may be dealt with initiation of

disciplinary proceeding under E&D rules.

PO/RO/ DC

8.

Delay in

recording of

the evidence

The PO may condone the delay by invoking law and by

giving short dates beside recording demeanor of the

party so delaying the proceedings.

Order XVII

R III PO/RO

9.

Delay in

execution of

warrant of

possession.

Police often delays execution of the warrant of

possession. The PO to be vigilant in interaction with

local police for timely execution. DC to coordinate with

DPO on weekly basis regarding timely execution.

DC/PO/ RO

Contd...


S. No Issue Solution Reference Action By

10.

Delay in sending record

back to trial courts by the

appellate forums

After disposal of appeals/Revisions,

Appellate forums (especially

commissioner/SMBR) to ensure timely

delivery of record to the trial court.

SMBR/

Commission

er

11.

Revenue officers are over-

burdened with

administrative duties like

inspections, Polio, Price

checking etc.

Districts with higher pendency of

cases may depute AAC (R) for judicial

functions exclusively.

DC

Contd...

TIMELINE FOR DISPOSAL OF PARTITION APPLICATION (24 Weeks)

S. No Proceedings Timeline

1. Filing of Application for partition When produced before RO

2. Summon to Respondents Within 04 Weeks

3. ADR: Proceedings Within 02 Weeks

4. Written Reply on Main Application Within 03 weeks

5. Mode of Partition Within 01 weeks

6. Disposal of Miscellaneous Applications Within 04 weeks

7. Preparation of Naqsha Bay/Jeem Within 04 weeks

8. Objection/Cross Examination on Naqsha Within 02 weeks

9. Arguments Within 02 weeks

10. Order Within 01 weeks

11. Instrument of Partition Within 01 weeks

Execution

1. Warrant of Possession Immediately

TIMELINE FOR DISPOSAL OFF SUIT FOR PRODUCE &

EJECTMENT (42 Weeks)


1. Filing of Plaint When produced before RO

2. Summon to Defendant Within 03 weeks

3. ADR: Proceedings Within 04 weeks

4. Written Statement Within 04 weeks

5. Framing of Issues Within 02 weeks

6. Plaintiff Evidence Within 06 weeks

7. Defendant Evidence Within 06 weeks

8. Disposal of Miscellaneous Applications Within 04 weeks

Contd...

TIMELINE FOR DISPOSAL OFF SUIT FOR PRODUCE & EJECTMENT

(42 Weeks)


9. Appointment of Commission Within 02 weeks

10. Commission Report Within 04 weeks

11. Arguments Within 03 weeks

12. Judgment Within 02 week

13. Parcha Degree Within 02 week

14. Execution As and when presented before

PO/RO

15. Warrant of Possession Immediate

16 Appointment of Commission Within 02 weeks

GUIDELINES FOR EFFICIENT SERVICE DELIVERY

• Following are the itemized issues with respective solutions with legal parameters, timeline for

predictable assured service provision. Violation of these instructions shall be construed as

misconduct/inefficiency under E&D rules.

• Mutation

S.

No Issues Instructions Action By Timeline

1.

Untoward

delay on

part of

Patwari

Entry of the mutation shall be made immediately upon the

request of the vendor. The Patwari will incorporate

agreement of the parties to mutation along with their

signatures/thumb impressions in his roznamcha

Patwari

Concerned 1 day

2.

Availability

of Patwari

halqa at

Patwar

khana

Presence of Patwaris will be ensured in Patwarkhana till the

closing hour of the office for entries of mutation in addition

to his rest of routine work. Entry to this effect Roznamcha

Waqiyati will be made. In case of his external duties,

patwari will ensure his presence even after working hours

for mutations entries in addition to his daily routine work.

Patwari

Concerned

Every

Working

Day

Contd...


• Mutation

S. No Issues Instructions Action By Timeline

3.

Inspection

of

Gardawar/

Kanungo

Gardawar concerned shall ensure weekly

schedule inspection of patwarkhana followed

by its entry in roznamcha karguzari.

Field

Kanungo Weekly Basis

4.

Registratio

n of

Mutation

Patwari shall be bound to register the

mutation within 03 days of its entry in

roznamcha.

Field

Kanungo

Within 3

days of its

entry into

roznamcha

5.

Examinatio

n by Field

Kanungo

Field Kanoongo will examine and report for

attestation of mutation failing which

proceeding shall be initiated under E&D

rules.

Field

Kanungo

Within 3

days of

Registration

Contd...


• Mutation:


6.

Tour Schedule of

RO not properly

communicated to

the public

Tour programme, duly approved by the DC be

affixed on conspicuous places including DC

Office, Tehsil Office, patwar-khana/Village

Council, Neighbor-hood Council concerned etc.

Special tour program be discouraged, unless

due to an unavoidable reason and with the

approval of DC.

RO/ DC Before Tour

Program

7. Payment & Fee

Taxes

The payment of various taxes/fees must be

ensured before recording of

statement/attestation of mutation.

RO

At the time

of

Presentation

8.

Non-availability of

valid parties in

person.

Mutation shall not be entered without presence

of vendor or through authorized attorney

holder.

Patwari -

Contd...


• Mutation :

S. No Issues Instructions Action

By

Timeline

9.

Delay in entry

of mutation

on receipt of

parcha

registry.

Patwari shall ensure entry of mutations in roznamcha

waqiyati/Register of mutation on receipt of parcha

registry failing which proceeding shall be initiated

under E&D rules.

Patwari/

RO

Within 02

days of its

receipt

10.

Maneuvering

kind of land

for tax

evasion

DC to publish khasra numbers of whole district

mouzawise along with kind of land of each khasra as

given in evaluation table after every harvest inspection

(girdawri).

DC

At the

closing of

Gardawari

11.

Delay in

consignment

of mutation

to the record

room

All attested mutations must be consigned to the record

room within 2 days.

RO concerned shall ensure video recording of the

jalse-e Aam and submit the same to respective DC on

same day

RO/ OK

Within 02

days of

Jalsa-e-

Aam

Contd...


• Fard (Copies of Jamabandi/ Fard Intikhab)

S.

No Issues Instructions Action By Timeline

1.

Non entry of

Fard in

roznamcha

waqiyati

Entry of each application for obtaining

Fard and subsequent issuance of the

Fard will be made in roznamcha.The

Patwari shall ensure date and report

number of roznamcha on the Fard.

No categorization of Fard shall be

allowed without law.

RO/Field

Kanungo/ Patwari

For Bail,

pre-

emption

and

value:– Same day

Registry:– 02 days

For legal

Suits &

others:– 7 days


• Pointation/ Identification of Land


1.

Delay on

part of

Patwari

halqa

The application for identification

shall be marked by RO to

Patwari on the same day.

Patwari shall ensure entry of the

same in roznamcha and

complete identification process

within 07 days under intimation

to RO.

Patwaris supervised

by field Kanungo. -


• Demarcation


1. Access to

Collector/AC

Collector shall ensure his disposal of applications for

demarcation on daily basis.

DC/AC

Same day

2.

Non

maintenance of

record.

Record of all such applications shall be ensured by

District Collector/ Assistant Collector DC/AC Same day

3. Delay by Field

Kanungo

Field Kannungo shall carry out demarcation within 15

days and submit report to AC/DC DC/ AC 15 days

4. Non submission

of record.

AC concerned shall maintain record of all applications

and reflect consolidated report of demarcation cases

completed on monthly bases on the pattern of court

cases.

Field

Kanungo Monthly Basis

5. Objection against

Demarcation

AC concerned to hear the objections against the

demarcation proceedings AC

7 days of

submission of

Demarcation

report


• Fard-e-Badar • (Note: The whole process of Fard-e-Badar shall be completed within 15 days.)


1. Identification of

incorrect record

Patwari shall invariably identify the mistakes in revenue record

himself/information by any person and enter in roznamcha

waqiyati.

Patwari Same Day

2. Delay in preparation of

Fard.

Patwari will prepare Fard-e-Badar under intimation to RO

concerned. Patwari 07 days

3. Inspection by

Gardawar Filed Kanungo to verify the modification so made.

Field

Kanungo 02 days

4. Delay in Attestation. Revenue officer shall attest Fard-e-Badar without delay.

RO 02 days

5. Consignment to

record.

Revenue Officer shall consign Fard-e-Badar with office Kanungo

within two days of its attestation. RO 02 days


• Copies from District Record Room

S.

No

Issues Instructions Action By Timeline

1.

Access to

District

Kanungo.

District Kanungo shall ensure his presence in

the record room during the office hours

DK/ ADK Every

Working

Day

2.

Non entry of

applications.

District Kanungo shall ensure entry of every

application for provision of copies of revenue

record in a register.

DK/ ADK Same

Day

3.

Delay in

provision of

record

District Kanungo/Additional District Kanungo

shall ensure provision of copies within 3 days.

DK/ ADK 03 days


• Copies from Tehsil Record Room

S.

No


1.

Access to

Office

Kanungo.

Office Kanungo shall ensure his presence in

the record room during the office hours.

OK/ AOK Every

Working

Day

2.

Non entry of

applications.

Office Kanungo shall ensure entry of every

application for provision of copies of revenue

record in a register.

OK/ AOK Same Day

3.

Delay in

provision of

record

Office Kanungo/Assistant Office Kanungo

shall ensure provision of copies.

OK/ AOK 03 days


• Khasra Gardawari

S.

No


1.

Girdawari

not in

conformity

with spot

position

Patwari is require to inspect every Khasra

number/Field to register crop/possession of the

land correctly during the harvest season.

Patwari

During

Harvesting

2.

Awareness DK to prepare Fard-e-raftar and to ensure its

affixation on conspicuous places like DC/AC

office, Tehsil office, Patwar khana VC & NC office

FK/

Patwari

Before

Starting

Gardawari

3.

Absence of

land

owner/tenan

ts during the

girdawri

In absences of land owner/tenancy recording of

Correct Khasara Girdawari is impossible so

attendance of concerned land owner/tenants be

ensure.

Patwari

supervised

by Field

Kanungo.

During

Harvesting

Contd...


• Khasra Gardawari:


4.

Lack of

proper

supervisio

n by the

higher

authoritie

s

AAC/AC/DC/ Commissioner should supervise the

girdawaries randomly and ensure accuracy. Field

Kanungo is required to carry out inspection of 100%

Khasra number. Every Revenue Officer circle

(Tehsildar/NT) to supervise entry of Girdawari 50% of

the total entries. AC/AAC to supervise 25% of total

entries, DC to supervise 10% and Commissioner to

supervise 5% of the entries.

FK, RO,

AAC,AC,

DC/

Commissione

r

During

Harvesting

5.

Fake

entries

through

erasing,

over

writing

etc.

Patwari must use stamped register issued by Tehsil

Offices

RO/ Patwari -

Contd...


• Registration Process:


1. Access to sub

registrar

Sub Registrar should ensure his presence/availability in

his office during the office hours

Sub Registrar Every working

day

2. Availability of

Stamp papers

Treasurer to ensure availability of stamp papers of different

value

Treasure Every working

day

3. Delay in

registration of

deeds

Sub Registrar should ensure registration of deeds without

any delay

Sub Registrar/

Registration

Moharrar

Same Day

4. Transmission of

parcha registry.

Sub Registrar/Registration Moharrar should ensure

transmission of parcha registry to Tehsil office without any

delay

Sub Registrar/

Registration

Moharrar

02 days

5. Delivery of

registered deed to

the parties

Sub Registrar/Registration Moharrar should ensure

delivery of registered deeds to the parties without any delay

Sub Registrar/

Registration

Moharrar

02 days

TIMELINE FOR APPEALS, REVIEW AND REVISION

S. No Court Nature Timeline

1. District Collector Appeal 90 days of its institution

2. Commissioner First Revision 60 days of its institution

3. Member Board of

Revenue

Second Revision 60 days of its institution

MONITORING MECHANISM

• Following Monitoring Mechanism may be devised to monitor and implement the reforms.

• At District Level:

Deputy Commissioner will be the in-charge of the monitoring system in the district he will ensure:– To devise monitoring and complaint management system.

Inspection of Patwar-Khanas by Field Kanungo/Tehsildars/ Naib-Tehsildars /AAC/AC/ ADC and by Deputy Commissioner himself.

Inspection of Gardawari by Field Kanungo/ Tehsildars/Naib-Tehsildars /AAC/AC/ADC and by Deputy Commissioner himself.

Transparency in attestation of mutations/Registered Deeds.

Maintenance of records which includes applications/ complaints.

Contd...


• At District Level

Monthly meetings be conducted in this regard.

Provision of attested copies within given time.

Timely disposal of revenue court cases/Land acquisition cases

Timely disposal of inquiries/Complaints.

Revenue recovery in accordance with the target given by the Government.

Surprise inspection of the subordinate offices and will take disciplinary proceedings against the delinquent officials/ officers

Maintain an access to the website of Board of Revenue.

On time service delivery by the service providers.

Compliance of instructions issued by Board of Revenue time to time.


• At Divisional Level:

Divisional Commissioner may notify staff officer to ensure.

Regular monthly meeting of Revenue Court Cases.

Regular monthly meeting regarding Revenue Recovery.

Complaint Cell be constituted to deal with grievance redressal.

Conduct, plan and snap inspection of the subordinate offices and will initiate disciplinary proceedings against delinquent officials/ officers.


• At Board of Revenue Level:

A cell will be constituted under the direct supervision of SMBR and Secretary Board of

Revenue as Coordinator to perform following functions.

This Cell will work as a Revenue Reforms Cell (RRC).

This Cell will propose and develop ideas, study on-going reforms in peer nations and

customize them to be implemented in the province.

Coordinate the implementation of reforms with concerned quarters and district tiers of

Revenue Administration.

Arrange trainings and refresher courses for Revenue Officers to implement the reforms.

Lay out a provincial, divisional and district monitoring plans, duly notified to all

concerned.


• At Board of Revenue Level (Continue):

Subject to the general supervision and control of the commissioner the focal person shall establish an access to the website developed in the board of revenue.

Compliance of instructions issued by board of revenue time to time.

Conduct snap checking and inspection of all the pillars of Revenue hierarchy.

Implement of Board of Revenue initiatives.

Coordinate with Performance Management & Reforms Unit (PMRU).

Any other duty assigned by the competent authority.


• At Chief Secretary Office Level:

• To keep an external check and provide technical support to the RRC at the

office of Chief Secretary a dedicated Deputy Director may be placed in the

PMRU. This DD may have following functions:

Develop electronic solutions and gadgets for Revenue Reforms with the help of

technical team placed in PMRU.

Develop websites and mobile apps for online tracking and monitoring of revenue

related matters (Revenue court cases, miscellaneous applications submitted by

the people etc).

Assist the RRC in technical matters.

To be used as an external checking-instrument by the CS Office

Any other duty assigned by the competent authority

LIST OF RELEVANT LAWS

i. Land Revenue Act, 1967 & Rules 1968.

ii. Khyber Pakhtunkhwa Tenancy Act, 1950

iii. Land Record Manual

iv. Land Administration Manual

v. Land Settlement Manual

vi. Land Acquisition Act 1894 & Guidelines

vii. Revenue Recovery Act, 1890

viii. Court Fee Act, 1870

ix. The West Pakistan Board of Revenue Act, 1957.

x. Registration Act 1908 and Manual/Rules

xi. Stamp Act 1899 and Rules

PROFORMA OF REVENUE COURT CASES

DIGITIZATION OF GENERAL RECORD ROOM (GRR)

STAMPS VENDING

DAILY REVENUE REPORT (DRR)

guidelines for revenue case management -...

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