File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Harvest Inspection Girdawari Rules Under Revenue Laws Jammu And Kashmir

Girdawari is crop harvest inspection. When the crops ripen and become ready for harvesting, it is the duty of the Patwari to visit each field and to record the result of crops in the register of Khasra Girdawari.


Objective Of Harvest Inspection:

The object of harvest inspection is to make a realistic assessment of the produce, quality and quantity of crops. The girdawari is conducted twice a year for Rabbi (winter) and Kharief (summer) crops and more than twice for areas under fruits and vegetables and is called Zaid Rabbi and Zaid Kharief. The object of harvest inspection (Girdawari) is to collect the information regarding:
  1. Changes in rights, rent and possession of land.
  2. Details as to the condition of crops.
  3. Changes in the kind of soil due to Natural and other reasons.
  4. Amendments required in village map (Shajra Kistwar).

Process Of Harvest Inspection:

On completion of girdawari, a report pertaining to the total yield of crops is prepared which is called Goshwara Jinswar (agriculture abstract), is Prepared by the patwari and is sent to Tehsil office. The data is collected at district level by the Deputy Commissioner and is sent to the Government through proper channel with a copy to the Director Land Records. This data indicates the condition of crops and the farming community at large, besides the basis for framing food policy and planning at the state and national level.

Dates of Harvest Inspections In Jammu Division: Maidani and Kandi areas:

  • Rabi Awal: 10th January to 10th February.
  • Rabi Doem: Ist April to 20th May.
  • Zaid Rabi: 15th May to 15th June.
  • Kharief: 15th September to 15th October.
  • Zaid Kharief : 15th November to 30th November.

Barfani Areas;

  • Rabi: 15th May to 15th July.
  • Kharief: Ist October to 15th November.

Kashmir Valley:

  • Rabi Awal: 15th April to 15th May.
  • Rabi Doem: 15th June to ending July.
  • Kharief: 15th September to 15th October.
  • Zaid Kharicf: 15th October to 30th November.

Ladakh and Kargil Districts : Rabi: (Ladakh)
  • Do fasli Ist July to 31 July.
  • Yak fasli 15th July to end July.
  • Do fasli 15th June to end July.
  • Yak fasli 15th July to end August.

Kharief

  • Ladakh Do fasli Ist September to end Oct.

In the district of Ladakh these dates start late by nearly 15 days due to the climatic conditions. District collector is competent to change the dates by 15 days, in special circumstances when the conditions caused by the late maturity of crops or climatic changes would so demand. The intimation of such changes in dates has to be sent to the through Divisional Commissioner Financial Commissioner Revenue for his information.

Fard Raftar Girdawari:

Patwari shall prepare a Fard Raftar before commencement of girdawari. It is perpared in a prescribed format showing Sr. No; Name of the Estate, Khasra No; date of commencement, date of completion, date of dispatch of Goshwara, and a remarks colunm. The Patwari has to send a copy of the Fard Raftar Girdawari to Tehsil offlce well in advance and shall also inform the zimindars accordingly. This is also recorded in Roznamcha Karguzari. Fard Raftar shall be prepared in such a manner that Patwari could go around each field in presence of the Zimindars.

The Patwari should keep the following revenue record with him during conducting of Girdawari:

  1. Khasra girdawari registers
  2. Aks Latha (cloth copy of field map)
  3. Jamabandi last prepared
  4. Mutation registers
  5. Roznamcha Waquati
  6. Roznamcha Karguzari
  7. Farad Partal

Entries in Register Khasra Girdawari: The entries in khasra girdawari column shall be made very carefully. The kind of crops, the changes in rights, rent and possession should carefully be ascertained and entered in the columns provided in the register. Where the boundaries of the fields have been changed and require correction, the Patwari shall take rough measurement and carry out the correction. In the course of making the entries, if a khasra number is quite big, it should be allotted a Batta number, with the approval of the Revenue Officers. As for as possible, the unnecessary increase of such numbers should be avoided.

The names of landholders and the tenants with full description is required to be given, with details of rent, crops, kind of soil as recorded in the last Jamabandi or girdawari, details of sources of irrigation, whether through Government canals, zamindari kuhals, tanks, tube wells or any other source, shall be entered in the given column. While recording the condition of crops Kharaba if any due to some natural calamity should also be recorded. The percentage of matured crops should be rationally assessed and recorded.

Kind of crop sown or if the land is khali (unsown), Tradadi, banjarjadid or qadeem shall be entered. In case amixed crop has been sown, it shall be recorded as Goji which is a mixure of two or more crops. Situations may also arise where the boundaries of the fields have been broken by way of partition or otherwise damaged by floods, a Milaan Shajara shall be prepared by taking the boundaries of each field from the Mustikal (permanent) Point. Pencil entries are not allowed in the register of khasra girdawari. Only entries with pen and ink are permissible.

Sehet Indraj (Correction of Girdawari):

Correction of girdawari entries is the exclusive jurisdiction of the Revenue Officers and the civil courts have no jurisdiction over the matter. The disputes arising out of the entries of girdawari, are corrected on mutations of Sehet Indraj girdawari. A mutation may be entered either on the application of an applicant or on the orders of a Revenue Officer. On entering a mutation, the process is set in motion by a Revenue Officer.

It is mandatory for a Revenue Officer to conduct a spot inspection, hear the necessary parties and record their statements, the statements of the Lumberdar, Choukidar and witnesses to ascertain the factum of possession and to pass such orders as he deems appropriate. Tehsildar is competent to attest these mutations, however, Naib Tehsildar, may attest undisputed and clear cases.

Correction of Gidawari entries of kharief 1971, under the Agrarian Reforms Act 1976, was being done by the Tehsildars under the Act till 1989. On 26th of May, Government vide its order No; Rev. (LB) 133 0f 1989 Dated 26-5 -1989, delegated these powers to Assistant Commissioners (Collectors AR) but again on 30th of September 1989, the government laid a complete ban on correction of these entries by any class of Revenue Officers.

Duties of Patwari during Harvest Inspection: Patwari shall personally see each field and standing crops and shall enquire into the changes, if any, in respect of rights, rents, possession and kinds of soil. Change, if any, shall be recorded by him in the register of Khasra Girdawari. Where the boundaries of a field have been changed which require a correction in the field map, the Patwari will take the rough measurements and mark a red sign against that Khasra number to remind him that a change is required to be made in the shajra. Changes in rent, right and possession need be recorded by the Patwari. In the case of rent he must show whether it is in cash or kind.

In case of kind rent, the share of produce being shared by the landlord and the tenant and agriculture expenses, if to be deducted from the whole produce or in some other manner, shall be clearly mentioned. The share and disposal of fodder and the proportion of cost of seed and manure to be borne by the parties, have to be specifically recorded during girdawari. On the completion of day’s work, page-wise total has to be completed, called Maizan Safawar. The Patwari has also to record the work-done, in his Roznamcha Karguzari and Roznamcha Waquati.

He must ensure that he is conducting Girdawari as per “Fard Raftar” girdawari, conveyed by him to the Tehsil Office. He must do Milaan Shajra, where two or more fields have been amalgamated during the course of normal agricultural husbandry, by the farmers and landholders. The Patwari shall not leave the head quarter during the period of harvest inspection, unless specially called by the superior officers in Tehsil office. Where, there is no change in the column of “kashat” the Patwari will draw “khatchalippa” in the column of kashat which shows that there is no change of tenancy.

In case of damage to the crops, he shall record “Kharaba” very carefully, to the extent of damage to the crops, by way of drought, hailstorm, floods, excessive rains landslide, cloudburst, pest attack or any other reason. The percentage of matured crops and Kharaba has to be recorded in the relevant column of the Khasra Girdawari quite carefully.

The duties of the patwari:

  1. To prepare and send Fard Raftar girdawari through proper channel to Tehsil office well in advance, in the prescribed format.
  2. To inform all the zimidadars and those having interest in land, through Lamberdar and Choukidar, in writting, one day earlier for the areas and the Khasra numbers for which the girdawari is to be conducted. Besides, notice the information should be conveyed through the beat of drums.
  3. Patwari shall besides, register girdawari and Aks Latha, carry with him the following revenue record during the girdawari : Jamabandi current, Mutation Register, Roznamcha Karguzari, Roznamcha Waquat and Fard Partal.
  4. Patwari will visit each field to see the condition of the crops and the fields.
  5. Will have the Milaanshajra of the fields
  6. He will record the maizan safawar (page total) of the girdawari at the end of the day
  7. He will write up Roznamcha waquat at the end of the day, with regard to changes, if any, in the girdawari entries and the visit of the Revenue officers to the field or any other matter which need a special mention. It may be in place to mention that the routine entries of this document are admissible as evidence, both in the Revenue and Civil Courts and therefore, should be done carefully
  8. Will record the details of work done, in his Karguzari register at the end of the day
  9. Patwari is duty bound to adhere to the instructions, passed on to him by the higher authorities, with regard to the hidayat girdawari, from time to time. The Inspecting Officers are also under obligation to keep the field functionaries updated with the latest instructions on the subject from the higher authorities.
  10. While recording the conditions of the crops, the Patwari shall record very carefully, the Kharaba (damages), if any, to the crops. It is pertinent to mention that these entries in the girdawari, form the basis of crop relief to the farmers being paid by the Government.
  11. Patwari will make entries in the columns of the register with due care and caution. Mutilation or overwriting in girdawari register is not only illegal but highly objectionable and attracts legal and disciplinary action against such functionaries.

Duties and functions of Girdawar and other inspecting Supervisory Officers during Girdawari: The supervisory officers have to supervise and ensure that the Patwari is conducting girdawari as per schedule laid down 'in “Farad Raftaar" girdawarhi and shall not be called for partal girdawari to the adjoining Village.

As for as possible, Patwari should not also be called to Tehsil office during the period, the harvest inspection, is going on. Girdawar circle shall conduct partal of each Patwar circle at least 2/3 times and shall verify from the zamindars about the changes incorporated by the Patwari in girdawari register and shall record his findings in Inspection Book known as “Farad Partal” register.

Besides, Girdawar Qanungo and other supervisory officers like Naib Tehsildar, Tehsildar and Assistant Commissioner, need to conduct a random Dartal of villages in a Patwar circle and shall record their observations in the register of Farad Partal. The Tehsildar, the Naib Tehsildar and The Assistant Commissioner shall plan their programme of inspection in such a manner that no village or a part thereof, is left without inspection. The supervisory officers must ensure that the zamindars do attend to the girdawari as and when called for and also in their own interest, to see that the girdawari is being done as the position prevailing on spot, to avoid future litigattion.

The Revenue Officials and Oflicers must understand the importance of the harvest inspection that this is the very significant and effective mode of land administration. On completion of the girdawari of a village by the Patwari, he shall check all totals (Maizan Safawar).

The second report of forecast of crops (Goshwara Jinswar), shall be prepared in time and sent to Tehsil office by or before the dates fixed after getting it verified by the Girdawar. The entry of all sum totals of crops shall also be entered into Lal-Kitab of the village and will send a copy to office Qanungo of Tehsil office.

The copy of Fard Partal and changes which have taken place during the crop inspection shall also be sent to Tehsil office for examining the same by the Tehsil Qanungo for record. After completion of the girdawari, the Patwari, will also prepare a Dhal-Bachh showing the demand of the village and shall send it to Tehsil Office. He shall also write mutation register with regard to the changes, for the orders of the attesting officers.

Special Girdawari: Any time during girdawari or when the crops are matured for harvesting, some natural calamity like excessive rains, floods, or any such unnatural episode happens and on receipt of the report from the field agency, the Deputy Commissioner of the district shall issue orders for conducting the special girdawari, of the affected estate or part thereof. Special girdawari is conducted in Red Ink.

Procedure for Preventing Errors in khasra Girdawari: Erasing or washing out the entries once made, in the khasra girdawari are strictly prohibited and forbidden and nothing should be interpolated between the words and lines. Correction if any, noticed to be made and ordered by the competent officer with regard to changes in rights, cultivation and rent should be made in red ink and a note to this effect recorded in Roznamcha Waqiati.

During the usual round when the Girdawar goes to the Patwar Halqa, he is duty bound to inspect the Roznamcha Waqiati. All corrections made shall also be signed by the Girdawar. In villages where quaderennial Jamabandi has not been prepared, the entries of Khasra Girdawari may be corrected, on the application of the party interested by means of orders passed on mutation register, by an Assistant Collector of the Ist Class.

Important Points to remember:

  1. Girdawari is done generally twice a year both for Rabbi and Kharief crops, otherwise where zaid or special Girdawari is required to be done.
  2. The objectives of the girawari are very important for revenue administration, to know the condition of crops, changes in rights, rents, possession, kind of soil and Nautors etc.
  3. Patwari must visit each field personally at the time of girdawari.
  4. Patwari has to send Fard Raftar girdawari to Tehsil office much in advance before the commencement of the girdawari and shall proceed according to this.
  5. Lambardar, Chokidar, 1andhoders, tenants and all those having interest in land must be informed to remain present at the time of conducting of girdawari.
  6. Patwari shall carry along with him the requist revenue record including Roznamchas.
  7. Roznamcha Karguzari, Waqati, maizan safawar shall be completed by the Patwari on the close of each day’s work.
  8. Girdawar Qanungo and other inspecting officers should plan partal girdawari in such a way that no village is left without partal.
  9. Patwari must complete girdawari before the close of the given calender. However, partal and inspections can be done by the inspecting officers for about a fortnight after the close of the girdawari.
  10. Patwari shall read out the entries of Khasra girdawari to the zimindars present to ensure that the rent, rights and possession are correctly recorded.
  11. The officers shall ensure that the Patwari is not called to the Tehsil headquarter during the girdawari period, unless it is unavoidable.
  12. The Goshwara Zinswar (crop abstract) should be sent to Tehsil office after completion of the girdawari within the specified period.
  13. Patwari shall send a certificate to Tehsil office that all entn'es made In ‘he Fard Partal by the inspecting officers have been incorporated in the record.
  14. Encroachments on state, shamilat or any other common lands shall be reported to Tehsil office by the Patwari after completion of the glrdawari.
  15. Making of pencil entries in the register of Khasra girdawari are not permitted.
  16. Mutilation of any entry made in girdawari register is not only objectionable but illegal also and warrants strict action against the revenue functionaries.
Reference:
  1. The Jammu and Kashmir Land Revenue Act Svt. 1996
  2. The Jammu and Kashmir Partition Rules 1970
  3. The Jammu and Kashmir Agrarian Reforms Act 1976
  4. The Jammu & Kashmir Agrarian Reforms Rules, 1977, vide SRO No. 58 of Ist February, 1977
  5. Government Order No. Rev.(LB) 133 of 1989, regarding correction of Gidawari entries of Kharief 1971
  6. Chowkidari Act and Rules
  7. Lambardari Act and Rules
  8. The Jammu and Kashmir Kahcharai Act Svt. 2011 (1954 AD)
  9. Standing Order No. 22-Girdawari
  10. Standing Order No.23-B Record of Rights and Jamabandi

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly