Sec 21 to 34 (Chapter IV Records-of-rights and Annual Records)The Jammu and Kashmir Land Revenue Act, 1996

21. Record of rights and documents Included therein. ––

(1) Save as otherwise provided by this Chapter, there shall he a record-of-rights for each estate.

(2) The record-of-rights for an estate shall include the following documents, namely: —

(a) statements showing, so far as may be practicable—

(i) the persons who are land-holders, 1 [occupants] of land revenue in the estate, or who are entitled to receive any of the rents, profits or produce of the estate or to occupy land therein ;

(ii) the nature and extent of the interests of those persons; and the conditions and liabilities attaching thereto ; and

(iii) the rent, land revenue, rates, cesses or other payments due from and to each of those persons and to the 2 [Union territory of Jammu and Kashmir] ;

3 [(iv) survey number or plot number held within its area ;

(v) type and characteristics of soil ;]

(b) a statement of customs respecting rights and liabilities in the estate ;

(c) a map of the estate ;

(d) such other documents as the 4 [Financial Commissioner with the previous sanction of the Government] may prescribe.

5[EXPLANATION. ––

Record-of-rights mentioned above includes record-of rights and the map prepared and transferred under the provisions of the Jammu and Kashmir Consolidation of Holdings Act, 1962.]

1. Substituted by S.O. 3808(E) dated 26.10.2020 for “tenants or assignees”.

2. Substituted ibid for “State”.

3. Sub-clauses (iv) and (v) inserted ibid.

4. Substituted by Act XIII of 1956 for “Government”.

5. Explanation under section 21 added by Act XV of 1972.

22. Making of special revision of record-of-rights. ––

(1) Where it appears to the Government that a records-of-rights for an estate does not exist or that the existing records-of rights for an estate requires revision, it may by a notification direct that a records-of-rights be made or that the record-of-rights be revised, as the case may be.

(2) The notification may direct that the records-of-rights may be made or specially revised for all or any estate in any local area.

(3) A record-of-rights made or specially revised for an estate under this section shall be deemed to be the record-of-rights for the estate, but shall not affect any presumption in favour of the 1 [Union territory of Jammu and Kashmir] which has already arisen from any previous record-of-rights.

1. Substituted by S.O. 3808(E) dated 26.10.2020 for “State”. 

2 [22-A. Preparation of Pass Book. ––

(1) The Deputy Commissioner of the District shall cause to be prepared a Pass Book for every land holder in his District containing record of rights, agriculture holding, transfer of rights, ration cards, subsidies, liabilities etc. in revenue estate to enable the land holder make its use for credit facilities and for other matters connected therewith or incidental thereto.

3 [(2) The pass book shall be in such form and valid for such period as may be prescribed and the Board shall strive for preparing, issuing and maintaining the passbooks in digital format, and the Board shall be competent to issue direction for this purpose.]

(3) The Pass Book shall be completed by such persons and in such manner as may be prescribed. The person so authorised shall be the competent authority for purposes of sections 22-A, 22-B, 22-C, 22-D, 22-E, 22-F, 22-G and 22-H of this Act.

(4) On presentation of the Pass Book at the time of attestation of mutation or otherwise with a regard to any change in the interest of the holding of the land holder the revenue officer, after being satisfied of the correctness of the changes on the basis of the mutation proceedings and other relevant evidence shall make an entry with respect to such change in the Pass Book in such form and manner as may be prescribed.

(5) The holder of the Pass Book shall get it updated within one month after the expiry of its period of validity and on his failure to get it validated, Pass Book shall otherwise, not be entertained at legal document whenever presented.

(6) Soon after the consignment of the next Jamabandi of the revenue estate in the Sadar Office but not later than 30th April of the year succeeding the year in which Jamabandi has been completed, the holder of the Pass Book shall hand it over to the new Jamabandi against receipt as may be prescribed. However, pending updation of the Pass Book, the entries therein for the period of the preceding Jamabandi would continue to remain valid for that period only.  

(7) Every entry made in the manner prescribed, in the Pass Book issued under this section shall be presumed to be true and correct until the contrary is proved.

(8) The entries in Pass Book shall carry the same evidentiary value as if these were certified copies of the record-of-rights and other public record for all intents and purposes before the Courts and the financial institutions including Banks.

(9) If there be any mistake in the Pass Book, the same can be challenged by making an application to the Deputy Commissioner who shall make such appropriate orders to certify it, as he deems fit.

(10) No transfer made by the holder of a Pass Book in respect of any land specified in such Pass Book or any interest in such land shall be registered by any Registrar or Sub-Registrar unless the Pass Book is produced before him and on the production thereof he shall incorporate the particulars of the transfer registered by him in such form and manner as may be prescribed. Any transfer effected in contravention of this sub-section shall be null and void.

(11) No alteration in the revenue record shall be made by any revenue officer as a consequence of any transfer of land or any interest therein except on the production of the Pass Book.

(12) Any revenue officer may direct the transferer or transferee of any right or interest in the land to produce the Pass Book within fifteen days of issuance of a notice to him and such transferer or transferee shall thereupon produce the Pass Book either personally or through an authorised agent for making entry indicating the transfer. Any alteration made in contravention of this sub-section shall be void.

(13) Financial assistance may be granted by a financial institution to a land holder on production of the Pass Book. However, production of Pass Book will not be necessary for crop loans advanced by co-operative societies.

(14) A financial institution granting any financial assistance to the holder of the Pass Book shall make an entry to that effect in the Pass Book and where such financial assistance has been given on the security of any holding, the financial institutions shall also make an entry against the holding on the security of which the financial assistance has been granted by it, and the entry so made shall have the effect of creating a charge in favour of the financial institution on the holding against which the entry has been made and the holder of the Pass Book shall be debarred from alienating the said holding until the outstanding amount of the financial assistance granted by the financial institution has been repaid together with interest due thereon :

Provided that where any charge on any land or interest therein was created by a land holder in favour of a financial institution before the commencement of the Jammu and Kashmir Land Revenue (Amendment) Act, 2001, it shall not debar him from creating after such commencement subsequent charge on such land interest thereon in favour of financial institution as security for any financial assistance given to him by such institution : Provided further that the financial institution which sanctions the first loan after the issue of the Pass Book shall ascertain and verify within fifteen days all outstanding loans (except crop loan) advanced by co-operative societies and encumbrances created by the land holder, as the case may be, by procuring an affidavit to that effect and enter and authenticate the details thereof in the Pass Book.

(15) The financial institution shall endorse a copy of relevant entries incorporated in the Pass Book to revenue officer as well as the Sub-Registrar within the local limits of whose jurisdiction the whole or any of the property which has been so charged is situated and on receipt of the same the revenue officer shall cause necessary entry to be made in the record of rights maintained under the Jammu and Kashmir Land Revenue Act, Samvat 1996.

(16) A charge or mortgage created on any land or interest or crop standing therein after the commencement of Jammu and Kashmir Land Revenue (Amendment) Act, 2001 in favour of Government shall have priority over a charge or mortgage on such land or interest created a land holder in favour of a financial institution after such commencement.

(17) A Pass Book issued under this section and made upto date shall remain in force until the next Jamabandi and shall be valid thereafter only if it has been made upto date and so certified in the manner as may be prescribed. Each page of the Pass Book shall be serially numbered and name of the land holder on each page to avoid tampering with.

(18) The Pass Book shall be issued to a land holder on payment of such amount as may be prescribed.

(19) If any person fails or refuses to produce a Pass Book on demand by a revenue officer or interpolates or erases anything in the Pass Book with an intent to defraud an authority or makes any false statement knowing or having reason to believe the same to be false or which he does not believe to be true with a view to gain wrongfully shall be liable to be punished with an imprisonment which may extend to one year or with an imprisonment which may extend to 1 [twenty thousand rupees] or with both.

(20) No court shall take cognizance of an offence punishable under subsection (1) except on a complaint made by the revenue officer. However, financial institution may inform the revenue officer about any tampering within the Pass Book coming to its notice.

2. Sections 22-A to 22-I inserted by Act VII of 2002, s. 2.

3. Sub-section (2) substituted by S.O. 3808(E) dated 26.10.2020.

1. Substituted by S.O. 3808(E) dated 26.10.2020 for “twenty hundred rupees”.

22-B. Responsibility of the Competent Authority.––

The competent authority shall make every entry in the Pass Book personally from the revenue records of the village. The competent authority shall be responsible for the correctness of every entry made by him in the Pass Book. All entries relating to the revenue record shall be made in accordance with the relevant revenue records.

Explanation : ––

Competent Authority under this section and the preceding section shall mean an empowered officer or official of the Revenue Department, who under this Act is competent to make entries in the Pass Book.

22-C. Official copy of the Pass Book to be kept upto date.––

The Competent Authority shall make the necessary changes in the record of rights of the holding in time and keep it posted up to date.

22-D. Pass Book to be kept up to date. ––

(1) The land holder shall produce his Pass Book before the competent authority at least every six months to get the changes in the record of rights effected in his copy by the competent authority unless the land holder desires to have such changes being posted earlier. The competent authority shall acknowledge the receipt of such Pass Book in writing to the land holder.

(2) Every change in the record of rights pertaining to the holding, after it is effected in the land holder’s Pass Book shall be signed and returned within a period of one week after it is authenticated by the competent authority but no later than 15 days from the date of its receipt from the land holder.

(3) When the Pass Book is produced before the competent authority and there is no change to be effected, the competent authority shall make remarks in the Pass Book to the effect that no change is to be posted on the date relevant to the production of the Pass Book and shall sign and authenticate the same.

22-E. Entries to be made by the Banks and financial institutions in the Pass Book. ––

(1)The Banks and the financial institutions shall make necessary entries in the relevant columns of the Pass Book regarding the financial assistance or loan given to the land holder and the charge or mortgage created in the relevant columns of the Pass Book in respect of the land.

(2) The Bank or the financial institution, as the case may be, shall send an extract of the entries made in the Pass Book to the Competent Authority within fifteen days from the date of the transaction. The competent authority shall cause the entry to be made in the Pass Book maintained by it.

22-F. Alteration in the Pass Book. ––

(1) No person shall make any change, alter or delete any entry in the Pass Book other than the person who is authorised to make any entry or change in the Pass Book.

(2) Any person who makes false, fraudulent entries, alters or deletes any entry in the Pass Book or furnishes false information to the competent authority shall be liable to be punished with an imprisonment which may extend up to one year or with fine which may extend to twenty thousand rupees or with both.

22-G. Issue of the true copy of the Pass Book. ––

(1) Where the land holder applies with an affidavit to the Deputy Commissioner, to the effect that the Pass Book issued to him has been lost or destroyed, the Deputy Commissioner shall after due verification direct for issuance of a fresh Pass Book on payment of such fees and cost as may be determined by the Government from time to time.

(2) When the Pass Book issued to the land holder has been filled up, or has been damaged or mutilated and can no longer be used, the land holder shall apply for issue of a fresh Pass Book along with old Pass Book and on satisfaction of the correctness of information given in the application, the Deputy Commissioner, shall direct the competent authority to issue a fresh Pass Book to the land holder on payment of such fee, as may be determined, by the Government, from time to time.

(3) Any copy of the order made under sub-section (2) shall be sent to the competent authority along with Pass Book, for complying with the directions.

(4) On receipt of the order under sub-section (3), the competent authority shall issue fresh Pass Book to the land holder, which shall be marked ‘Fresh Pass Book’ in red ink.

22-H. Issue of additional Pass Book to the joint holders.––

(1) Whereas the Pass Book is issued in the name of occupant whose name appears first amongst the joint holders of the land and if any joint holder applies for the copy of the Pass Book, after due verification, the Deputy Commissioner, shall direct the competent authority to issue copy of the Pass Book on payment of such fees and costs as may be determined by the Government from time to time. 

22-I. Issue of Pass Book to the heirs of land holder. ––

(1) Once the Pass Book is issued to the land holder it shall not be necessary to issue a new Pass Book to a person who becomes a holder by succession. If there are more than one successors, fresh Pass Book shall be issued to each successor.

(2) On application made by the successor of the deceased holder accompanied by the Pass Book issued to the deceased holder, the competent authority shall, after making such inquiries as it may deem necessary, transfer the Pass Book into the name of the successor.]

23. Annual record. ––

(1) The Collector shall cause to be prepared by the patwari of each estate annually or at such other intervals as the 1 [Financial Commissioner with the previous sanction of the Government] may prescribe, an edition of the record-of-rights amended in accordance with the provisions of this Chapter.

(2) This edition of the record-of-rights shall be called the annual record for the estate, and shall comprise the statements mentioned in sub-section (2), clause (a) of section 21, and such other documents, if any, as the 1 [Financial Commissioner with the previous sanction of the Government] may prescribe.

(3) For the purposes of the preparation of the annual record, the Collector shall cause to be kept up by the patwari of each estate a register of mutations and such other registers as the 1 [Financial Commissioner with the previous, sanction of the Government] may prescribe.

1. Substituted for “Government” by Act XIII of 1956. 

2 [23-A. Consolidation of Land and prevention of fragmentation of land holdings. ––

(i) The Board may notify a scheme of consolidation of land holding to be undertaken during the preparation of Record-of-Rights or otherwise for rearrangement of land holdings in a unit amongst several land owners in such a way as to make their respective holdings more compact.

(ii) With effect from the date on which a landowner enters into possession of the plots allotted to him in pursuance of the provisions of the scheme notified under sub-section (1) the rights, title, interest and liabilities of the former landowner in these plots and his rights, title, interest and liabilities in his original plots shall stand extinguished and shall vest in the occupying land owner, subject to such modifications, if any, specified in the said consolidation scheme.

(iii) The Board may also bring a scheme of restricting and regulating the fragmentation of agricultural land holdings in the Union territory of Jammu and Kashmir to make the agriculture viable.] 

2. Section 23-A inserted by S.O. 3808(E) dated 26.10.2020.

Procedure for making records

24. Making of that part the annual record which relates to land holders 1[and occupants].––

(1) Any person acquiring, by inheritance, purchase, mortgage, gift or otherwise any right in an estate as a land-holder, 2 [an occupant,] shall report such acquisition to the patwari of the estate.

(2) If the person acquiring such right is a minor or otherwise disqualified, his guardian or other person having charge of his property or, if there is no property in his possession, of his person shall make such report to the patwari.

(3) The patwari shall enter in his register of mutations every such report and shall also make an entry therein respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place, and of which a report should have been made to him under this section and has not been so made.

(4) A Revenue officer shall from time to time inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which under the foregoing sub-sections, report should have been made to the Patwari and an entry made in that register, and shall in each case make such order as he thinks fit with respect to the entry in the annual record of the right acquired :

3 [Provided that the Government may by rules curtail, limit or restrict the power of any Revenue Officer or class of Revenue Officers to inquire into and dispose of any such case or class of cases.]

(5) Such an entry shall be made by the insertion in that record of a description of the right acquired, and by the omission from that record of any entry in any record previously prepared which by reason of the acquisition has ceased to be correct.

(6) In cases of acquisitions of the rights of assignees of land revenue mutation shall be made in accordance with the final orders of competent authority.

1. Substituted by S.O. 3808 (E) dated 26.10.2020 for “assignees of revenue and occupancy tenants”.

2. Substituted ibid for “an occupancy tenant or a protected tenant”. (For earlier amendment see Act XXI of 1957).

3. Proviso to sub-section (4) added by Act XXXVIII of 1962.

25. Making of that part of the annual record which relates to other persons.––

The acquisition of any interest in land other than a right referred to in sub-section (1) of the last foregoing section shall — 

(a) if it is undisputed, be recorded by the patwari in such manner as the Government may by rules in this behalf prescribe ; and

(b) if it is disputed, be entered by the patwari in the register of mutations and dealt with in the manner prescribed in sub-sections (4) and (5) of the last foregoing section.

26. Determination of disputes.––

If during the making, revision or preparation of any record or in the course of any inquiry under this Chapter, a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue Officer may of his own motion, or on the application of any party interested but subject to the provisions of the next following section, and after such inquiry as he thinks fit including such summary enquiry into title as may be necessary, determine the entry to be made as to that matter :

1 [Provided that the Government may by rules curtail, limit or restrict the power of any Revenue Officer or class of Revenue Officers to inquire into and dispose of any such case or class of cases.]

(2) The final order passed by the Revenue Officer declaring who is the party best entitled to the property shall be subject to any decree or order which may be subsequently passed by any Civil Court of competent jurisdiction.

1. Proviso to sub-section (1) inserted by Act XXXVIII of 1962. 

27. Restriction on variation of entries in records.––

Entries in records of-rights or in annual records, except entries made in annual records by patwaries under clause (a) of section 25 with respect to undisputed acquisitions of interests referred to in that section, shall not be varied in subsequent records otherwise than by––

2 [(a) making entries in accordance with facts proved or admitted to have occurred : Provided that, no such change in record-of-rights shall be affected without the order of the Government or any officer authorised by the Government in this behalf ;]

(b) making such entries as are agreed to by all the parties interested therein or are supported by a decree or order binding on these parties;

(c) making new maps where it is necessary to make them.

2. Substituted by Act IX of Samvat 2004 for original clause (a).

28. Mutation fees. ––

(1) The Government may fix a scale of fees for making all or any classes of entries in any record or register under this Chapter and for grant of copies of any such entries.

1 [(2) A fee in respect of any entry shall be payable (i) by the person who wants that an entry shall be made in his favour whether ultimately it is made in his favour or not, or (ii) by the person in whose favour the entry is made.]

1. Sub-section (2) of section 28 substituted by Act II of Samvat 2007. 

29. Penalty for neglect to report acquisition of any right referred to in section 24.––

Any person neglecting to make the report required by section 24 within three months from the date of his acquisition of a right referred to in that section shall be liable by order of an Assistant Collector of the 1st class, to a fine not exceeding five times the amount of the fee, which would have been payable according to the scale fixed under the last foregoing section if the acquisition of the right had been reported immediately after its accrual.

30. Obligation to furnish information necessary for the preparation of record.––

Any person whose rights, interests, or liabilities are required to be entered in any record under this Chapter shall be bound to furnish, on the requisition of any Revenue Officer or village officer engaged in compiling the record, all information necessary for the correct compilation thereof.

31. Presumption in favour of entries in records-of-rights and annual records.––

Any entries made in record-of-rights in accordance with the law for the time being in force or in an annual record in accordance with provisions of this Chapter and the rules thereunder, shall be presumed to be true until the contrary is proved.

32. Suit for declaratory decree by person aggrieved by an entry in a record. ––

(1) If any person considers himself aggrieved by an entry in a recordof-rights 2 [he may institute a suit before the Collector 3 (Deputy Commissioner or Additional Deputy Commissioner)] for the correction of the record, and for possession of the right claimed if he is not in possession thereof, within one year 4 [x x x x] from the date of publication of the record of the distribution of the assessment under section 49, sub-section (1).

(2) If any person consider himself aggrieved by an entry in an annual record, 2 [he may institute a suit before the Collector (Deputy Commissioner)] within the period prescribed by the *[Limitation Act No. IX of 1995] for correction of the record and for possession of the right claimed if he is not in possession thereof, or for declaration of his right if he is in possession thereof: Provided that, nothing in this sub-section shall entitle any person to bring a suit for the correction of the records-of rights of a preceding Settlement after the period prescribed for such suit in sub-section (1) has expired.

1 [x x x x].

2. Substituted by Act XV of 1972 for “he may institute a suit”.

3. Substituted by S.O. 3808(E) dated 26.10.2020 for “Deputy Commissioner”.

4. Words “(2 years in case of Frontier Districts of Gilgit and Ladakh)” omitted ibid.

* Now Limitation Act, 1963.

1. Sub-section (3) omitted by S.O. 3808(E) dated 26.10.2020. 

Supplemental Provisions

33. Power to make rules respecting records and other matters connected therewith.––

The Government may make rules —

(a) prescribing the language and script in which records and registers under this Chapter are to be made ;

(b) prescribing the form of those records and registers and the manner in which they are to be prepared, signed and attested ;

(c) for the survey of land so far as may be necessary for the preparation and correction of those records and registers ;

(d) for the conduct of inquiries by Revenue Officers under this Chapter ;

(e) regulating the procedure of Revenue Officers under this Act in cases for which a procedure is not prescribed by this Act ; and

(f) generally for the guidance of Revenue Officers and village officers in matters pertaining to records and registers mentioned or referred to in this Chapter.

34. Records-of-rights and annual records for groups of estates. ––

(1) The 2 [Financial Commissioner] may direct that a record-of-rights be made for any group of neighbouring estates instead of separately for each of the estates.

(2) The provisions of this Chapter with respect to a record-of-rights and annual record for an estate shall then, so far as they can be made applicable, apply to a record-of-rights, and annual record for a group of estates.

2. Substituted by Act XIII of 1956 for “Commissioner”.