guidelines for revenue case management -...
TRANSCRIPT
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...
GUIDELINES FOR REVENUE CASE MANAGEMENT
• 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...
GUIDELINES FOR REVENUE CASE MANAGEMENT
• 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...
GUIDELINES FOR REVENUE CASE MANAGEMENT
• 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...
Application for Official Partition & Suit for Produce and Ejectment
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...
Application for Official Partition & Suit for Produce and Ejectment
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...
Application for Official Partition & Suit for Produce and Ejectment
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...
Application for Official Partition & Suit for Produce and Ejectment
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)
S. No Proceedings Timeline
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)
S. No Proceedings Timeline
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...
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• 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...
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• Mutation:
S. No Issues Instructions Action By Timeline
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...
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• 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...
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• 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
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• Pointation/ Identification of Land
S. No Issues Instructions Action By Timeline
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. -
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• Demarcation
S. No Issues Instructions Action By Timeline
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
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• Fard-e-Badar • (Note: The whole process of Fard-e-Badar shall be completed within 15 days.)
S. No Issues Instructions Action By Timeline
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
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• 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
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• Copies from Tehsil Record Room
S.
No
Issues Instructions Action By Timeline
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
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• Khasra Gardawari
S.
No
Issues Instructions Action By Timeline
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...
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• Khasra Gardawari:
S. No Issues Instructions Action By Timeline
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...
GUIDELINES FOR EFFICIENT SERVICE DELIVERY
• Registration Process:
S. No Issues Instructions Action By Timeline
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...
MONITORING MECHANISM
• 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.
MONITORING MECHANISM
• 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.
MONITORING MECHANISM
• 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.
MONITORING MECHANISM
• 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.
MONITORING MECHANISM
• 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)