1

THE SINDH LAND REVENUE ACT, 1967

SINDH LAND REVENUE RULES, 1968
THE COLONIZATION OF GOVERNMENT LANDS ACT,
1912
THE SINDH TENANCY ACT, 1950
THE SINDH IRRIGATION ACT, 1879
SINDH CANAL RULES 1930
THE SINDH BOARD OF REVENUE ACT, 1957

Waiting for guidance

Shahid Hussain Dayo

Tapedar, Taluka Ghotki
0344-3500005
dayoshahid1w@gmail.com

THE SINDH LAND REVENUE ACT, 1967

Sectio
n

Details

Sectio
n

Details

4(1)
4( 2)
4( 3)
4( 4)
4( 5)
4( 7)
4( 9)
4( 10)
4( 10A)
4( 12)
4(13 )
4( 16)
4( 20)
4( 26)

Agriculture Year
Arrears Of Land Revenue
Assessment Cicrle
Board Of Revenue
Boundary Marks
Defaulter
Deh
Holding
Irrigated Land

61
64
69
70
70-A
74
80
81
82

Announcement of assessment
Duration of assessment
Appeals for assessment
Special Assessment
Increase In Land Revenue
Liability For Payment Land Revenue
Process For Recovery Of Arrears
Notice Of Demand
Arrest & Detention Of Defaulter

Land Lord
Land Owner
Net Assets
Rates & Cesses
Tenant

83
84
85
86
87

4( 27A)
4( 28)
5

Un-Irrigated Land

88

Sale Of Moveable Property & Crop

Transfer Of Holding
Attachment Of Holding
Annulment Of Assessment
Proclamation Of Attachment,
Annulment
Sale Of Holding

Village Officer
Province Divided In
Division
District Divided In Talukas

89
90

Classes Of Rev Officers

Appointment Of
Commissioner & Collector
Appointment Of Asst:
Commissioner
Appointment Of
Mukhtiarkar
Superintendence & Control
Of Bor
Bor Power To Distribute
Work
Conferment Of Powers Of
Rev: Officers
Functions Of Rev: Officers
Issuance & Services Of
Summons & Notices
Enter Upon Any Land

92
97

Effect Of Sale On Encumbrances

Other Immovable Property Of
Defaulter
Remedies For Person Denying His
Liability
Proclamation Of Sale
Stay Of Sale

113 &
114
116

Recovery Of Other Dept Dues As

Arrears Of Land Revenue
BoR Order For Survey In Province

117

Power Of Rev: Officer To Define

Boundaries
Survey For Preparation Of RoR

Place Of Sitting
Procedure Held On
Holidays
Seals
Penalty
RoR & Documents Included
Special Revision Of Ror
Periodical Record
Procedure For Making
Records
Determination Of Disputes
Restrictions On Variation
Of Entries In Record

133
134

Mutation Fee
Obligation To Furnish
Information Necessary
Penalty (25 Rs) By
Collector
Mines & Minerals
RoR For Groups Dehs

161
162

Application For Partition

Restriction On Partition
Notice For Partition
Question Of Title To Be Divided
Instrument Of Partition
Delivery Of Possession After
Partition
Private Partition
Refer To Arbitration, With Consent
By M, A M, Without Consent By A.C
& Collector
Appeal
Limitation For Appeal

163

Review ( Omitted )

164
165

Power To Call For

Information
Make Rules For Records

166

Revision
Stay Of Proceedings & Execution Of
Orders & Decrees
Clerical Mistakes Etc

168

Deposit Certain Sum Other Than

6
7
8
10
11
13
14
16
17
21 To
26
30
31
32
33
35
39
40
41
42
44
45
46
47
48
49
54
54-A
55

91

118
119
120
122 &
123
131

135
136
137
141
145
146
147
151

Assistance To Be Given By Land

Holders In Measurements
Professional Survey
Settlement Of Boundary, & Fix
Boundary Between Riverain Dehs
Responsibility For Maintenance Of
Boundary Marks
Survey Is Square Or Rectangular
Penalty For Boundary Marks

57

Etc
Assessment Of Land
Revenue
Exemption Of Land
Revenue
Basis Of Assessment

58

Limit Of Assessment

176

60

Mode Of Assessment

177

56
56-A

170
172
175

Rent
Civil & Criminal Courts For
Execution Of Process Against Land
Civil Court Jurisdiction Barred
Prevention Of Encroachment Upon
Common Lands
Papers Of Village Officer Public
Document
Maps & Record Open To Inspection

SINDH LAND REVENUE RULES, 1968

Rule

Details

03
04
05
06
08
09
13
31
33
36
37

Statements to be brief
Verification of application
No Abatement of proceedings on death or marriage
Fixing dates, Rev: courts
Expenses of witnesses
Record of mutation proceeding
Execution of orders of ejectment
Manner in RoR prepared
Cause of delay in mutation cases
Inspection of records of Tapedar & certified copies
Inspection & certified copies of maps & records in
records room
Crop inspection date
Crop inspection register
Correction in crop inspection register
Scale of relief, kharaba
No kharaba admissible, circumstances
Payment of Land Revenue , Rate & Cesses
Security by Mukhtiarkar, Assistant Mukhtiarkar.
Surety may withdraw
Number of instalments
Charge for service of processes
Power to sanction remission
Survey marks
Boundary marks
Demarcation of land
Eviction of Unauthorized person

38
39
40
42
43
46
47
50
51
60
61
63
64
67-A
67-B

Question

DEFINE THE FOLLOWINGS:

ARREARS OF LAND REVENUE

According to Section 4(2) of Sindh Land Revenue Act, 1967,
Arrears of Land Revenue mean the government dues, which are not paid by the
land owner up to the due date, inccrued on his land.
ASSESSMENT CIRCLE
According to Section 4(3) of Sindh Land Revenue Act 167
Assessment Circle means a group of Dehs selected by Board of Revenue to work
out average yield of Agriculture produce for the purpose of determination of
annual assessment of Land Revenue of each crop according to mode of cultivation
and classification of land.
NET ASSET
According to sub-section 16 of Section 4 of the Sindh Land
Revenue Act, 1967, net assets means agriculture production obtained per acre by
the landlord after deduction of ordinary expenses incurred by him on the cultivation
of land viz, Water Rates, Land Revenue, Pesticides, Seed and Fertilizer.
According to Section 58 of the Sindh Land Revenue Act, 1967, the Board of Revenue
shall determine the assessment of land revenue not exceeding of the assets
obtained by landlord.
REVENUE YEAR / AGRICULTURE YEAR
According to Section 4(1) of Sindh Land Revenue Act, 1967, the
Agriculture Year commences from 1st July and ends on 30th June after completion
of 12 months. The Board of Revenue may, with the approval of Provincial
Government, fix any other date of commencement of Agriculture year, by issuing
such notification.
DEFAULTER
According to Section 4 (7) of Sindh Land Revenue Act, 1967,
defaulter means a person against whom government dues are outstanding, which
has not been paid by him by due date. The surety of defaulter is also called
defaulter.
LAND OWNER
According to Section 4 (13) of Sindh Land Revenue Act, 1967, it
means a person holding agriculture land in a Deh on his title for which he has right
to alienate in any form viz, by sale, gift, will, etc.
LAND HOLDER
Land Holder means a person who has occupancy right to enjoy the
produce of agriculture land but has no right to alienate viz, mortgage, trust
property, gift, and waqaf property etc.
RATES AND CESS
According to sub-section 20 of Section 4 of the Sindh Land
Revenue Act, 1967, the rates are defined as a Revenue charge to be recovered from
the land owners who are benefited by any work constructed by the Government viz,
installation of tube wells and constructions of drainage for wiping of seepage and
kalar.
The cesses are also revenue charges which are recovered from the land holders for
religious and other charitable purpose and also remuneration to be paid to the
lumbardars and village staff. For example, local cess, mosque cess etc
BOUNDARY MARK
According to sub-section 5 of Section 4 of the Sindh Land
Revenue Act, 1967, the erection of any earth, stone, or any other artificial or natural

mark which indicates the boundary of a District, Taluka, Tapa, Deh, and Survey
Number in the map is called a Boundary Mark.

DEH / ESTATE
According to Section 4(9) Of Sindh Land Revenue Act, 1967, It
means any area declared by the Board of Revenue to be assessed for land revenue
separately and for which separate Record of Rights is maintained showing the
boundary of the area is called Deh.
IRRIGATED LAND
According to sub-section 10-A of Section 4 of the Sindh Land Revenue
Act, 1967, irrigated land means such land that is irrigated by an artificial means of
irrigating such as canal, tube-well, well, spring etc.
VILLAGE OFFICER
According to sub-section 28 of Section 4 of the Sindh Land Revenue
Act, 1967, it means a person who is empowered to collect the Government land
revenue. It includes Tapedar, Supervising Tapedar, Kotar, and Zabits (Private
Servant).
Question

EXPLAIN THE HIERARCHY / CLASSES

ADMINISTRATION IN THE PROVINCE.

OF

REVENUE

According to Section 07 of Sindh Land Revenue Act, 1967,

hierarchy of revenue administration is defined as under:
(1).

BOARD OF REVENUE
The Board of Revenue is supreme revenue authority in the
province constituted by the government under Section 3 of Board of Revenue Act
1957, consisting of as many members as determined by the government, it
exercises the supervising control over revenue administration it frames rules and
issues instructions to the sub ordinate Administration for their guidance.
(2).

COMMISSIONER
The Revenue Commissioner is executive head of Revenue
Division and controls the revenue administration working in the entire division, he
hears appeals against the orders passed by the Collector.
(3).

COLLECTOR ( DEPUTY COMMISSIONER )

The Collector is head of district and exercises full control over
the revenue administration of the district and he is directly responsible to the
Commissioner in discharge of his official functions. His main duty is to collect the
land revenue every year on due date by the assistance of revenue staff, He is also
competent to hear the appeal against the order of Assistant Commissioner.
(4).

ASSISTANT COLLECTOR GRADE I (ASSISTANT COMMISSIONER)

He exercises all the powers of Assistant Collector Grade I as
assigned to him under the revenue law. after distribution of business of Jamabandi
by Collector, Assistant Commissioner is authenticate authority to sign the
assessment statement of land revenue prepared by the Taluka Mukhtiarkar and also
hears the appeals against the order made by the assistant collector grade II.
(5). ASSISTANT COLLECTOR GRADE II ( MUKHTIARKAR AND ASSISTANT
MUKHTIARKAR)
Taluka Mukhtiarkar is in-charge of Taluka & the Assistant
Mukhtiarkar is in-charge of assigned circle. They exercise their revenue powers as
assigned to them by the Board of Revenue. The Taluka Mukhtiarkar is responsible to

assess the Land Revenue every year and get it authenticated by the Jamabandi
Officer every year at the time of determination of Jamabandi. He is responsible to
collect Government Land Revenue. His further main duty is to maintain the Record
of Rights.

Question

EXPLAIN THE PROCEDURE OF ISSUANCE OF SUMMONS

AND NOTICES BY THE REVENUE OFFICERS.

According to Section 21 of Sindh Land Revenue Act, 1967, every

Revenue Officer is competent to issue notice/summons to procure the attendance of
parties and witnesses required in the revenue matter pending before him. The
following is the procedure of issuance of summons / notices as shown u/s. 22 to 26
of Sindh Land Revenue Act 1967, as a valid service.
(1).
The notices and summons shall be issued in duplicate under the
signature of Revenue Officers and seal of the court showing the proper name,
address & fact in issue. It shall be served by the process server, who shall deliver
the summons / notice to the addressee after obtaining his signature on the
duplicate copy.
(2).
If the addressee is absent, it can be served on any adult male
member of his family residing with him in the same house or any servant of the
addressee.
(3).
In case the addressee or any adult male member of family /
servant refuses to accept notice / summons, the process server shall affix the copy
of notice / summons on the outer door of the house/ place of business in the
presence of two mushers.
(4).
The service of notice / summons by postal means is also valid
service, provided it is not returned un-served by DLO (Dead Letter Office) of postal
department.
(5).
The proclamation published in the newspapers requiring the
addressee to attend the court is also valid service.
Question

EXPLAIN THE PROCEDURE OF RECOVERY OF LAND

REVENUE/ GOVERNMENT DUES FROM THE DEFAULTER BY
COERCIVE MEASURES.

The procedure of recovery of government dues from the

defaulters is shown under Section 81 to 90 of Sindh Land Revenue Act, 1967, which
is as explained as under:
Firstly, the Revenue Officer shall use his good office to persuade
the defaulter to pay up the government dues, if it is unheard, the Revenue Officer
shall adopt the following procedure:
(1).
According to Section 81 of Sindh Land Revenue Act, 1967, the
Revenue Officer shall issue a notice to the defaulter requiring him to pay the arrears
within 15 days.
(2).
According to Section 82 of Land Revenue Act, 1967, after expiry
of 15 days, if dues are not paid the Revenue Officer shall issue second notice
requiring the defaulter to pay the arrears within 30 days.
(3).
If after expiry of 30 days the dues are not paid, the Revenue
Officer of Assistant Collector Grade-II is competent to issue warrant of arrest against
the defaulter and after his arrest, defaulter may be detained by the Assistant
Collector Grade-II in his personal custody for a period not exceeding 24 hours.

(4).
At the expiry of 24 hours, the defaulter shall be produced before
the Assistant Collector Grade-I, who is competent to detain the defaulter in his
personal custody for a period not exceeding 10 days.
(5).
In case after expiry of 10 days the dues are not paid the
defaulter shall be produced before the Collector, who is competent to detain him in
Civil Jail for a period not exceeding 30 days.
(6).
According to Section 83 of Sindh Land Revenue Act, 1967, the
Revenue Officer is also empowered to attach the movable property of defaulter and
sell it in open auction.
(7).
According to Section 84 of Sindh Land Revenue Act, 1967, the
Collector is competent to attach the holding of the defaulter and to transfer it to
another person to enjoy the produce for a period not exceeding 15 years, who pays
the dues of the defaulter.
(8).
According to Section 85 of Sindh Land Revenue Act, 1967, the
Collector is also competent to lease out the holding of the defaulter to any intending
person, who pays the arrears of the defaulter for a period not exceeding 5 years.
(9).
According to Section 88 of Sindh Land Revenue Act, 1967, if all
the above efforts fail, the Collector is competent to sell out the holding of defaulter
in open auction after obtaining permission from Board of Revenue.
(10).
According to Section 90 of Sindh Land Revenue Act, 1967, if the
Collector after sell of the holding of defaulter u/s. 88, finds that the Government
dues still remain against the defaulter, the Collector is competent to sell out the
other immovable property of the defaulter in an open auction after obtaining the
permission from Board of Revenue.

Question

THE
COLLECTOR
HAS
DISPOSED-OFF
LAND
OF
DEFAULTER ON LEASE FOR 10 YEARS, COMMENT ON THE
ORDER OF THE COLLECTOR.

The order of Collector is illegal. According to Section 85 of Sindh

Land Revenue Act, 1967, the Collector is competent to lease out the holding of
defaulter for a period not exceeding 5 years.
Question

THE COLLECTOR ATTACHED THE HOLDING OF DEFAULTER

AND TRANSFER IT TO ANOTHER PERSON FOR THE PERIOD
OF SIX YEARS, COMMENT.

According to Section 84 of Sindh Land Revenue Act, 1967, the

Collector is competent to attach and transfer the holding of defaulter for a period
not exceeding 15 years. The order of Collector is legal.
Question
AGAINST THE

THE REVENUE OFFICER ISSUED WARRANT OF ARREST

WOMAN DEFAULTER. COMMENT.

The action of Revenue Officer is illegal. According to Section 82

(6) of the Sindh Land Revenue Act, 1967, he is not competent to issue warrant of
arrest against women defaulter, a minor, a lunatic, or an idiot.
Question

THE REVENUE OFFICER ISSUED THE WARRANT OF ARREST

AGAINST THE DEFAULTER, WHO IS RESIDING OUT OF HIS
JURISDICTION
AND
ARRESTED
HIM
BEYOND
HIS
JURISDICTION. COMMENT.

According to Section 24 of Sindh Land Revenue Act, 1967, the

order of Revenue Officer to arrest the defaulter out of his jurisdiction is illegal. He
ought to have sent the warrant of arrest to the Taluka Mukhtiarkar where the
defaulter is residing for recovery of arrears from the defaulter.
Question
TALUKA MUKHTIARKAR GHOTKI ISSUED WARRANT OF
ARREST AGAINST
THE DEFAULTER WHO IS RESIDING IN
TALUKA UBARO. COMMENT.
The action of Mukhtiarka Ghotki, is illegal. According to Section
24 of the Sindh Land Revenue Act, 1967, the Mukhtiarkar Ghotki has no power to
arrest the defaulter residing out of his jurisdiction. However, the Mukhtiarkar Ghotki
should have written a letter to the Mukhtiarkar Ubaro to affect the land revenue
arrears from the defaulter who was competent to issue warrant of arrest.

Question
EXPLAIN
HOLDING / PROPERTY

THE

PROCEDURE OF PARTITION OF
BY A REVENUE
OFFICER.

JOINT

The procedure of partition of joint holding is laid down under

Section 135 to 150 of the Sindh Land Revenue Act, 1967.
The Assistant Collector Grade-I is competent to decide the partition of joint holding
on the application made by any of the joint holders under Section 135 of the Sindh
Land Revenue Act, 1967.
If all the joint holders give a mutual consent, the Revenue Officer after recording
their statement shall pass the partition order under Section 145 called as
Instrument of Partition.
If there is any dispute over the title of the property then the Revenue Officer,
according to Section 141 may direct the parties to get the matter decided by the
Civil Court.
If any of the party does not file the civil suit within the stipulated period, the
Revenue Officer is competent to decide the partition matter on merits after hearing
both the parties and shall issue Instrument of Partition under his signature under
Section 145 which is binding on all the joint holders.
According to Section 146 of the Sindh Land Revenue Act, 1967, the Revenue Officer
is competent/ Authorized to deliver the possession as per his order under Section
145 by use of civil force, on the application presented before him in prescribed
manner.
Question
WHAT RESTRICTIONS HAVE BEEN IMPOSED UNDER THE
SINDH LAND
REVENUE
ACT,
1967
ON
PARTITION OF JOINT HOLDING?
OR
WHICH PROPERTY IS RESTRICTED FROM PARTITION OF
JOINT HOLDING?
According to Section 136 of Sindh Land Revenue Act, 1967, the
Revenue Officers are restricted to partition of joint holding on following matters:
(1).
(2).
(3).
(4).
(5).

When
When
When
When
When

it
it
it
it
it

relates
relates
relates
relates
relates

to
to
to
to
to

villages site
place of worship
water tank and well
grazing land
burial ground

(6).
When it relates to graveyard
(7).
When in the opinion of Revenue
inconvenience.

Officer

it cause

Question
EXPLAIN THE PROCEDURE OF REFERRING THE MATTER TO
ARBITRATOR BY
THE REVENUE OFFICER.
The procedure of referring the matter to Arbitrator by Revenue
Officer is laid down under Section 151 to 159 of Sindh Land Revenue Act, 1967,
which is explained as under:
According to Section 151(1), the Assistant Collector Grade-II
(Mukhtiarkar/Assistant Mukhtiarkar) may refer the matter to the Arbitrator with the
consent of the parties who shall nominate an arbitrator.
According to Section 151(2), the Assistant Collector Grade-I and
the Collector of the District are competent to refer the matter to the arbitrator even
without consent of the parties and shall nominate the arbitrator by himself on the
following matters:
1.
2.
3.
4.

If the matter relates to demarcation of the site / land.

If it relates to partition of joint holding.
If it relates to Record of Rights
If it relates to assessment of land revenue under Section 67 of the Sindh Land
Revenue Act, 1967

When the matter is referred to Arbitrator, the Revenue Officer shall direct the
parties to appear before the Arbitrator appointed by the Revenue Officer.
The Arbitrator after hearing the parties shall send his award / opinion under
sealed cover envelope either in person or through his messenger under Section
157.
According to Section 158, the Revenue Officer after receipt of opinion / award
shall call the parties to appear before him for announcement of his order / decision.
According to Section 159, the Revenue Officer is not bound to take decision
as per opinion of the Arbitrator but may alter, revise and amend the orders as
desired by him.
The decision of the Revenue Officer shall be binding on both the parties.
Question

EXPLAIN THE PROCEDURE OF MUTATION TO BE MADE IN

RECORD OF RIGHTS BY THE REVENUE OFFICER.

The following is the procedure of effecting mutation in the

Record of Rights by the Mukhtiarkar as shown under Section 42 of Sindh Land
Revenue Act, 1967, which is explained as under:
According to Section 42 of Sindh Land Revenue Act, 1967, if any
person acquires the right in any agriculture land either by way of inheritance, (Footi
Khatta Badal) registered sale deed, civil court decree, mortgage, lease, gift deed, or
by order of any competent authority, the person so acquiring the right shall inform
by way of application to the Taluka Mukhtiarkar within the period of three months.
The Taluka Mukhtiarkar after receipt of such application shall
enter it in the register of cell of Record of Rights maintained by the Mukhtiarkar and
give acknowledgement receipt to the applicant.
The Mukhtiarkar shall endorse his application to the concerned
Tapedar, who shall enter this application in the in-ward register. The Tapedar in
case of registered deed or civil court decree shall make the entry in Record of
Rights without holding open katchehry and get it attested by the Mukhtiarkar and
shall supply the extract copy of Record of Rights to the Mukhtiarkar for his record in

10

his cell and other extract copy to the chairman of concerned union council for
record in his office.
In case of footi khatta badal, the Tapedar shall request the
Mukhtiarkar to hold open katchehry on the site for his decision in the mutation
matter. Tapedar shall make the entries in Record of Rights as per decision of
Mukhtiarkar and get it attested by him and sent the extract copy of Record of Rights
to the Mukhtiarkar for his record in his cell and other copy to chairman union council
concerned for record.
Question

Define RECORD OF RIGHTS and PERIODICAL RECORD?

According to Section 39 of Sindh Land Revenue Act, 1967, the

Board of Revenue is competent to get the Record of Rights prepared in each Deh
separately in the performa prescribed by the Board of Revenue as required under
Section 40.
In the Record of Rights, the name of landholders shall be written
in alphabetical manner, showing the consolidated holding of each survey numbers,
held by him in each Deh separately.
It is maintained for continuous period of 30 years and it is
rewritten afresh after expiry of about 30 years as per order of Board of Revenue so
as to make it up to date.
The periodical record is maintained Under Section 41 of Sindh Land
Revenue Act, 1967, in which all changes occurring in the Record of Rights are
entered by Taluka Mukhtiarkar and are brought forward in the Record of Rights
register at the rewriting of the Record of Rights.
Note: Section 41 of Sindh Land Revenue Act has been omitted.
Question

Why the Mutation Proceedings are not Judicial ?

Mutation proceedings are not treated as Judicial proceedings,

because the decision of Revenue Officer in Revenue matters does not create any
title of the property, but his orders are means for keeping Record of Rights update
for the purpose of collection of Land Revenue from Khatedar.
Question
EXPLAIN THE PROCEDURE OF APPEAL, REVIEW AND
REVISION BY THE
REVENUE OFFICER.
The procedure of appeal, review and revision by the Revenue
Officer is defined under Section 161 to 164 of the Sindh Land Revenue Act, 1967:
The order of Assistant Collector Grade-II is appealable to the Assistant Collector
Grade-I, if the appeal is filed within the period of 30 days under Section 162 of the
Sindh Land Revenue Act, 1967.
The order of Assistant Collector Grade-I is appealable to the Collector if the appeal
is filed within the period of 30 days under Section 162 of the Sindh Land Revenue
Act, 1967.
The order of the Collector can be challenged in appeal or revision before the
Commissioner if the appeal is filed within the period of 60 days, as required under
Section 162 of the Sindh Land Revenue Act, 1967.
The order of the Commissioner can be challenged in appeal / revision before the
Board of Revenue if it is filed within the period of 90 days vide Section 162 of the
Sindh Land Revenue Act, 1967.
According to Section 163 of the Sindh Land Revenue Act, 1967, review powers have
been omitted in the year 1980 in the Sindh province.
According to Section 164 of the Sindh Land Revenue Act, 1967, revision powers can
be exercised by the Collector, Commissioner and the Board of Revenue on the
ground when there is no provision of appeal.

11

Question

DISTINGUISH BETWEEN APPEAL AND REVISION?

Appeal is always filled on the facts of the case, while revision is

filled on point of law, by adopting an irregular procedure by the subordinate
Revenue Courts.
OR
It is filled when the decision of two subordinate courts is the same.
Question

WHAT IS THE PROCEDURE OF GRANT OF STAY ORDER BY

THE REVENUE COURT?

According to section 165 of Sindh Land Revenue Act 1967, the appellate
Revenue Court is competent to stay the implementation of the orders of
subordinate Revenue Court on the application mad by the applicant after
consideration of the following point:
i) if the Court finds that the appellant shall sustain great financial loss if the stay
order is not granted.
ii) if the application is filled without any delay.
iii) if the applicant furnish the security to abide by the decision of the appellate
court.
Question

HOW THE SURVEY OF LAND IS CARRIED OUT?

OR
EXPLAIN THE PROCEDURE & KINDS OF SURVEY OF UNSURVEYED LAND AND WHO IS COMPETENT TO
DEMARCATE?

According to Section 116 of Sindh Land Revenue Act, 1967, the

Board of Revenue is competent to order for survey of any un-surveyed land of Deh
etc., with directions given to survey department to carry out the survey operation
either in square shape or rectangular shape and to erect the boundary marks of any
kind on any side as determined by the Board of Revenue.
According to Section 117 of Sindh Land Revenue Act, 1967,
when such operations are carried out by the Revenue Staff it is called REVENUE
SURVEY.
According to Section 120 of Sindh Land Revenue Act, 1967, if
the survey operations are carried out by the staff of any company as per directions
of Board of Revenue, it is called PROFESSIONAL SURVEY and the staff engaged by
the company shall be treated as Revenue Officials within the meaning of Section 30
of Sindh Land Revenue Act, 1967, who shall have right to enter upon land for survey
operations.
According to Section 121 of Sindh Land Revenue Act, 1967, the
Board of Revenue is empowered to order for demarcation of site as per directions
and rules framed by it.
The Revenue Staff or staff of other private company shall exercise the
same powers as shown under Section 30 of the Sindh Land Revenue Act, 1967,
where by their entry in the survey land shall not be treated as an act of trespass.

Question

WHICH LANDS ARE EXEMPTED FROM ASSESSMENT OF

LAND REVENUE?

According to Section 56 of Sindh Land Revenue Act, 1967, every

land is subject to be assessed for determination of land revenue, except the
following lands, as shown under Section 56-A of Sindh Land Revenue Act, 1967:

12

(1).
Cantonment area
(2).
Land given by the government on contract
(3).
Land which is already assessed under Property Tax Act,
1958
(4).
On BANJAR JADEED land
(5).
On BANJAR QADEEM land
(6).
Village site

Question
AND SPECIAL

DISTINGUISH BETWEEN THE ORDINARY LAND REVENUE

LAND REVENUE.

According to Section 61 of Sindh Land Revenue Act, 1967, the

Board of Revenue determines the assessment of Land Revenue to be paid by every
Land Owner on the basis of net assets obtained by landlord. This is called Land
Revenue paid by every Land Owner.
According to Section 70 of Sindh Land Revenue Act, 1967, the
SPECIAL LAND REVENUE is that which is recovered from the certain groups of Land
Owner viz. Drainage Tax, Fish Pond, the land holder who holds the land beyond 50
acres or above may pay enhanced land revenue as ordered by the Board of
Revenue.

Question
HIS HEAD

THE ASSISTANT COMMISSIONER HELD HIS OFFICE OUT OF

QUARTER / JURISDICTION. COMMENT.

According to Section 31 of the Sindh Land Revenue Act, 1967,

the Mukhtiarkar / Assistant Collector-II, may hold his office at any place out of his
headquarter within his Taluka limit.
The Collector / Assistant Collector-I is competent to hold his
office at any place in the District out of his headquarter.
Question
WORK ON THE

A REVENUE OFFICER OPENED HIS OFFICE AND DID OFFICE

PUBLIC HOLIDAY. COMMENT.

According to Section 32 of the Sindh Land Revenue Act, 1967, a

Revenue Officer may open his office on any public holiday.

Question
THE MUKHTIARKAR IMPOSED MUTATION FINE ON THE
LAND OWNER
AMOUNT
TO
RS.
100/ON
ACCOUNT OF DELAY BEYOND THREE MONTHS.
COMMENT.
According to Section 48 of the Sindh Land Revenue Act, 1967,
the Collector of the District is competent to impose mutation fine not exceeding Rs
25/-. The order of the Mukhtiarkar is illegal.
Question
WHAT ARE THE PROVISIONS IN THIS ACT REGARDING
JURISDICTION OF CIVIL
COURTS BARRED IN THE
REVENUE MATTERS, DISPOSED OF BY REVENUE
OFFICERS UNDER THIS ACT?

13

According to section 172 of the Sindh Land Revenue Act 1967,

the Civil Courts has no jurisdiction to interfere with the orders made by the Revenue
Officers exercising the powers under Sindh Land Revenue Act 1967, on the following
matter:
1.
2.
3.
4.
5.
6.
7.

Any order passed to determine the limit of any land or state.

Any duty imposed by this act to any Revenue Officer.
Revision of Record of Rights.
Framing of Periodical record.
Determination of assessment of Land Revenue
Determination of Boundary Marks of any area.
Partition of holding, provided there is no question of title or fraud in this case.

Question
EXPLAIN THE PROCEDURE OF GRANT OF TRUE COPY OF
REVENUE RECORD,
VILLAGE RECORD.
According to Rule 36 of the Sindh Land Revenue Rules, 1968,
every one interested has right to obtain the true copy of the village record in
custody of the Tapedar by making an application. The Tapedar shall issue a receipt
of acknowledgement and shall give a true copy of the record after payment of
government fees, in shape of stamps within 03 days. In case it is urgently required
it can be supplied on payment of double fees.
According to Rule 37 of Sindh Land Revenue Rules, 1968, the
record keeper / Clerck of the office shall also issue the certified copy of the record
kept in the office in the same manner.
Question
WHAT ARE THE POWERS OF REVENUE OFFICER FOR
GRANT OF EXEMPTION OF
LAND REVENUE AND ON
WHAT GROUNDS & EXTENT ?
According to Rule 42 of Sindh Land Revenue Rules 1968, the
Collector, Commissioner & Board of Revenue are competent to exempt any
khatedar from payment of Land Revenue due to failure of crop other than natural
calamity at the following scale:
1

If loss has been sustained not exceeding 0-25 %

No remission

( Paisa)
If loss has been sustained exceeding 0-25 paisa

25% remission

up to 0-50 paisa
If loss has been sustained exceeding 0-50 paisa

50% remission

up to 0-75 paisa
If loss has been sustained exceeding 0-75 paisa

100% remission

The Collector is competent to grant remission to the extent of Rs: 1000/The Commissioner is competent to grant remission upto Rs: 5000/The Board of Revenue is competent to grant remission to any limit.
Question

WHAT ARE THE CLASSES OF CULTIVATED LAND?

There are nine (9) classes of cultivated land, which are

explained as under:
(1).
BARANI LAND: It means a land which is cultivated on rain
fall
(2).
SEELABI LAND: It means a land which is cultivated by
flood of river.
(3).
ROD KOHI: It means a land which is cultivated from hill
torrents.

14

(4).
AABI: It means a land which is cultivated from tanks, tubewells, and springs.
(5).
NAHARI: It means a land which is cultivated from irrigated
canals.
(6).
CHAHI: It means a land which is watered from wells of lift.
(7).
CHAHI NAHARI: It means a land which is cultivated by
canal water by lift.
(8).
NUL CHAHI: It means a land which is watered on tubewells.
(9).
CHAHI MUSTAAR: It means a land which is watered by
canals on loans.
Question

WHAT ARE THE CLASSES OF UN-CULTIVATED LAND?

There are four classes of un-cultivated land which are explained

as under:
(1).
BANJAR-E-KHAM: It means the land which has remained
un-sown for a continuous period of four harvests.
(2).
BANJAR-E-JADEED: It means a land which has remained
un-sown for a continuous period of 12 harvests.
(3).
BANJAR-E-QADEEM: It means a land which has remained
un-cultivated for a period of more than 12 harvests.
(4).
GHAIR MUMKAN: It means a land which cannot be brought
under cultivation on any reason, viz. sandy dunes, rocky
places, buildings, and roads, and land under canals beds.

15

THE COLONIZATION OF GOVERNMENT LANDS ACT,

1912
Section

Details

3(a)
3 ( d)
3 ( e)
3 ( i)
3(j)
3(k)
3(n)
3(r)
3(t)
10
16
17
18
19
19-A
20
21
22
23
24

Agriculture land
Autonomous body
Colony
Collector / Colonization Officer
Commissioner
Family
Improvement
Market price
Occupancy value
Issue of statement of conditions ot tenancies
False information by tenant
Exchange
Rights of tenants not to be attached or sold
Transfers of rights to be void
Succession to tenancy
Succession to tenants other than succession
Succession to tenants acquiring by succession
Acquisition not to effect nomination of heir
Revocation of nomination
Power of imposing penalties for breaches of
conditions
Power to re entry & compensation in certain cases
Power to re entry & compensation for buildings etc
in certain cases
Rights of alienation, succession by female
Penalties
Additional powers of the collector
Civil court jurisdiction barred

25
26
30-A
33
34
36

Question

DEFINE THE FOLLOWING:

COMMISSIONER
According to Section 3 of the Colonization Act, 1912, the Commissioner
means the Divisional Commissioner or any other officer appointed by the Provincial
Government to exercise the powers under Colonization Act, 1912.
COLONIZATION OFFICER / COLLECTOR
According to Section 3 of the Colonization Act, 1912, the Collector
means the Collector of District or any other officer appointed by the Provincial
Government to exercise the powers of Collector under the Colonization Act, 1912.
COLONY
According to Section 3 of the Colonization Act, 1912, the Colony means
any area given in charge of Collector by Provincial Government for disposal of
estate agriculture land according to Land Grant Policy.

16

Question

EXPLAIN THE PROCEDURE OF DISPOSAL OF ESTATE LAND

UNDER THE COLONIZATION OF GOVERNMENT LANDS ACT,
1912.

According to Section 10(3) of The Colonization of Government

Lands Act, 1912, the Collector is competent to dispose-off estate agriculture land in
accordance with the Land Grant Policy framed by the Provincial Government and
statement of conditions issued by Board of Revenue (Land Utilization Department)
in open katchehry to the deserving person as under:
(1).
Landless Hari
(2).
Small Land Holders who hold land less than 16-0 acres to
the extent of 16-0 acres
(3).
Occupancy Right
(4).
Mohag Rights
Question
HOW THE
SUCCESSOR AFTER THE
TENANT?

TENANCY

SHALL DEVOLVE
DEATH
OF

UPON THE
ORIGINAL

According to Section 19 (A) of the Colonization Act, 1912, if he is

a Muslim tenant, the tenancy after the death shall be given / devolved upon his
legal heirs according to Shariat law belonging to different sects.
According to Section 20 of the Colonization Act, 1912, if there is no male adult
successor it shall devolve upon his widow and un-married daughters.
If there is no widow or daughter, it shall devolve upon any member of the family as
nominated by the Collector.
Question
CANCELLED?

UNDER

WHAT

CIRCUMSTANCES,

THE

TENANCY

IS

According to Section 24 of the Colonization Act, 1912, the

Collector is competent to cancel the tenancy of original tenant, who violates any of
the conditions attached to the tenancy/grant. But before the cancellation of
tenancy, the Collector shall give the notice in writing to the tenant requiring him to
rectify the mistake within the period not less than one month.
If the tenant rectifies his mistake within the given time, no action will be taken
against him. Otherwise, his tenancy can be canceled by the Collector.
According to Section 25 and 26 of the Colonization Act, 1912, the tenant whose
tenancy is canceled, shall be entitled to compensation for the improvement made
on the tenancy as assessed by the Collector, which shall be recovered from the
incoming tenant.
Question
UNDER WHAT

CAN TENANCY BE EXCHANGED? IF YES, BY WHOM AND

CONDITIONS?

According to Section 17 of The Colonization of Government

Lands Act, 1912, after the orders of Commissioner, the Collector is competent to
exchange the tenancy on mutual consent of both the tenant on the following
grounds and conditions:
(1).
That there is no restriction imposed by the Government
on exchange of tenancy.
(2).
That the tenancies have not been assessed to pay the
Government Land Revenue.
(3).
That the conditions shall remain same as attached with
the tenancy and not to tenant.

17

(4).
It is the discretionary power of the Collector to attach
further condition to the tenancy after exchange of tenancy
and the necessary grant orders shall be amended
accordingly in the record.
Question
UNDER
TENANCY IN THE

WHAT

CIRCUMSTANCES THE TRANSFER

COLONY IS VALID AND VOID?

OF

According to Section 19 of the Colonization Act, 1912, the

transfer of tenancy is valid if it is sanctioned by the Commissioner / Provincial
Government on the conditions / grounds as shown below:
1. That there are sufficient grounds stated by the tenant
2. That the tenant has occupancy right (3 years).
After transfer of tenancy by the Collector, the transferee shall be treated as an
original tenant and shall abide by all the conditions attached with the tenancy. The
transfer without the order of Commissioner is void and the tenancy shall be
resumed / cancelled.

Question

WHAT PROTECTION HAS BEEN PROVIDED TO THE TENANT

FROM ATTACHMENT AND SEIZURE OF TENANCY?

According to Section 18 of The Colonization of Government

Lands Act, 1912, if there is any liability or claim against the tenant to be recovered
as judgment debtor by the issuance of civil court decree or by order of any Revenue
Officer, the tenancy cannot be attached by such orders.

Question
TENANT?

HOW THE PROPRIETARY RIGHT IS ACQUIRED BY THE

According to Section 30 of the Colonization Act, 1912, the right of

ownership can be acquired by the tenant when he fulfills all the conditions attached
with the tenancy / grant.
He shall make an application to the Collector requesting for issuance of
T.O form/ Deed of conveyance. The Collector after holding an enquiry when finds
that the request of tenant is justified, he shall issue T.O form/Deed of conveyance
directing the Taluka Mukhtiarkar to transfer the land to the tenant in the Record of
Rights.
Note: Section 30 ibid has been omitted, right of ownership can only be acquired
under the statement of condition issued by Provincial Government under section 10
ibid.

Question
UNDER THE

WHAT ARE THE ADDITIONAL POWERS OF THE COLLECTOR

COLONIZATION ACT, 1912?
OR
WHAT ARE THE POWERS OF THE COLLECTOR TO
CONFISCATE THE CROPS
RAISED UNAUTHORIZED ON
THE STATE LAND?
According to Section 32 to 34 of the Colonization Act, 1912, the
Collector when finds any person raising the crops unauthorized on estate land, he
shall eject the encroacher by the use of civil force and shall also confiscate the
standing crop or gathered crop at once. In case the crop has been raised through

18

tenants, the tenants are also treated as encroachers vide Section 34 of the
Colonization Act, 1912.

19

SINDH TENANCY ACT, 1950

Section

Details

2
2
2
2
2
2
2
2
2
2
3
4
5

Land
Tenant
Land lord
Tenancy right
Batai
Dharwai
Abwabs
Improvement
To cultivate personally
Tribunal
Classes of tenants
Permanent tenant
Personal cultivation & classes of permanent
tenants
Record of Tenancy right
Permanent Rights
Rights cannot be attached
In capacity of tenant
Termination of Tenancy
Termination by landlord for his own use
Improvements by permanent tenancy
Batai
Joint possession of produce
Duties of tenant
Duties of land lord
Settlement of dispute
Appointment of Tribunal
Constitution of tribunal
Procedure & power of Tribunal
Appeal
Revision
Order will be enforceable as decree of Civil
court
Penalties
Rights of Tenants

(1)
(2)
(3)
(5)
(9)
(10)
(11)
(12)
(13)
(15)

9
10
11
12
13
14
15
17
19
23
24
25
26
27
28
29
30
33
34
Para 25 MLR
115

20

Question

DEFINE THE FOLLOWING:

PERMANENT TENANT
According to Section 4 of The Sindh Tenancy Act, 1950, the permanent
tenant is a person who cultivates the land of another person called land lord for the
continuous period of 2 years and such land is not below 4-00 acres. His
descendants are also tenants.
TENANT AT WILL
The Tenant at Will was defined under Section 8 of the Sindh Tenancy
Act, 1950. The tenant at will is a person who cultivates the land of landlord as per
term & conditions reduced n writing in the form of document. Both the tenant and
the landlord shall abide by the terms and conditions made between them.
Note: this section has been omitted in year 2002.
IMPROVEMENT
According to Section 2(12) of Sindh Tenancy Act, 1950, the
improvement means any work done by the tenant other than routine work, which
has increased the value of land, viz. construction of bunds for protection of land
from flood, hill torrents and constructions of wells for irrigation purpose. In case the
tenant is ejected from the tenancy, he shall be entitled to be paid compensation by
the order of tribunal before termination of his tenancy.
TO CULTIVATE PERSONALLY
According to Section 2(13) of Sindh Tenancy Act, 1950, it means to
cultivate the land by the tenant/landlord in the following manner:
To cultivate land by own exertion.
To cultivate land by any member of the family.
To cultivate land by his servants under personal supervision.
By way of mechanism.
BATAI
Batai is defined under sub-section 9 of Section 2 of the Sindh Tenancy
Act, 1950. It means division of agriculture produce after the harvest of crop
between the landlord and the tenant.
ABWABS
According to sub-section 11 of Section 2 of The Sindh Tenancy Act,
1950, Abwabs means prerequisite conditions imposed by the landlord on the tenant
before the allotment of land to the tenant. Now this system has been abolished
under MLR 115.
DHARWAI
According to sub-section 10 of Section 2 of The Sindh Tenancy Act,
1950, Dharwai means a person who weights or measures the share of landlord and
the tenant of an agriculture produce after the harvest of crop. After MLR-115, the
Dharwai charges, which were previously paid by tenant but now are paid by the
Zamindar and tenant at equal rates. (Half to Half).

21

LANDLORD
According to sub-section 3 of Section 2 of The Sindh Tenancy Act,
1950, landlord is a person who allots the land to the tenant for cultivation, from
whom he receives the Batai, i.e. a share of produce in cash or kind. The predecessor
and successor of the landlord are also landlord.

TENANT
According to sub-section 2 of Section 2 of The Sindh Tenancy Act,
1950, the tenant is a person, who cultivates the land of another person (Zamindar)
to whom he pays the batai share of agriculture produce in cash or kind. His
successors are also called the tenant.

TRIBUNAL
According to sub-section 15 of Section 2 of The Sindh Tenancy Act,
1950, the Tribunal means a Revenue Officer appointed by the Provincial
Government under Section 26 ibid to settle the dispute arising between tenant and
landlord on tenancy matter.
According to Section 27 ibid: the Assistant Commissioner has been appointed as
Tribunal.

Question

WHAT ARE THE DUTIES AND

TENANT TOWARDS LANDLORD?

RESPONSIBILITIES

OF

According to Section 23 of Sindh Tenancy Act, 1950, the

following are the duties and responsibilities of tenant, which are explained as under:
(1).
He shall be responsible for arrangement of animal
husbandry and manual labour for efficient cultivation of land.
(2).
He shall be responsible for proper weeding of harvested
land at his own cost.
(3).
He shall be responsible for proper maintenance of the
water courses within his tenancy.
(4).
He shall not cultivate the land of another zamindar, if he
has been allotted a land of family holding (25-0 acres).
(5).
He shall arrange seed at the time of sowing season, in
case it is Board of Revenuerowed from landlord, he shall
return the same after harvest of the crop to the landlord not
in kind but in money value at the rate which ws prevailing at
the Board of Revenuerowed time.
(6).
He shall be responsible to transport the Batai share of
produce of landlord after harvest of crop to the place at
desired by the landlord. The transport charges shall be paid
by the landlord.

22

(7).
He shall be responsible to raise the crop as desired by the
landlord.
(8).

Any other lawful duty as determined by the government.

Question
WHAT ARE
LANDLORD TOWARDS HIS

THE

DUTIES

AND RESPONSIBILITIES
TENANTS?

OF

According to Section 24 of Sindh Tenancy Act, 1950, the

following are the duties and responsibilities of Landlord , which are explained as
under:
(1).
He shall be responsible for proper maintenance of main
water course leading from canal for proper water supply to
the tenant.
(2).
He shall be responsible for water supply share of irrigated
water.
(3).
He shall be responsible to allot additional land for cattle
fodder and vegetable for the domestic need of tenant when
he desires to cultivate the fodder-less crops, viz. cotton,
tobacco, oil, and sugarcane (such additional plot is Four
Ghuntas)
(4).
He shall be responsible to supply the seed and grain for
the domestic need whenever demanded by the tenant which
shall be returned by the tenant after harvest of the crop not
in kind but in shape of money value at the rate which was
prevailing at the time of lending.

Question
UNDER
TENANT CAN BE

WHAT

CIRCUMSTANCES, THE TENANCY

TERMINATED AND BY WHOM?

OF

According to Section 27 of Sindh Tenancy Act 1950, the Tribunal

(Assistant Commissioner) is appointed as Tribunal for settlement of dispute arising
between the tenant and landlord on tenancy matter.
The Assistant Commissioner who acts as a Tribunal to settle the
dispute amongst the landlord and tenant is empowered to terminate the tenancy of
tenant on the application filed by his landlord under Section 13 of the Sindh
Tenancy Act, 1950, praying for ejection of tenant on the grounds that the tenant
has proved himself un-dutiful and has also failed to abide by his duties and
responsibilities as assigned to tenant under Section 23 ibid.
The Assistant Commissioner (Tribunal) after hearing both the parties if
finds that the tenant is at fault, he shall pass the orders of termination of tenancy
and ejectment of tenant from the tenancy under Section 28 ibid.
According to section 29 ibid, The orders of Tribunal are appealable before the
Collector within 30 days. If aggravated by the order of the collector appeal can be
filled before Commissioner.
According to Section 32 ibid: order of Commissioner is final.

23

Question
HOW
UNDER MLR-115 OF

THE

RIGHTS

OF TENANTS
1972?

ARE

SAFEGUARDED

According to Para 25 of MLR-115 of 1972, the following concessions

have been given to tenants:
1) Abwab system has been abolished
2) Tenant and landlord now pay Dharwai charge at equal rates. Previously it was
being paid by tenant.
3) The transportation charges of Batai produce, which were previously paid by
tenant, now shall be paid by Landlord.
4) Forced labour has been abolished.
5) The ejection of tenant which was previously made by the landlord on the
grounds of self-cultivation or conversion of land for non-agriculture purpose
and for erection of fruitful garden but now it is the power of Tribunal to
decide the case.
Apart from that the batai system has been amended as under:
a. In case of Moki land, the batai will be half to half.
b. In case of Moki-cum-Charkhi land, the batai share shall be 2/3 of the
tenant or landlord who pays the cost of Charkhi.
c. In case of purely Charkhi land, the share of produce shall be taken at
the rate of 60% , who pays the cost the Charkhi.

Question
ATTACHMENT?

HOW THE RIGHTS OF TENANTS ARE SAFEGUARDED FROM

According to Section 11 of the Sindh Tenancy Act, 1950, the rights of

tenants are preserved from attachment of his batai share of produce, either by Civil
Court decree or by Revenue Officer for recovery of Government dues against the
tenant.

24

THE SINDH IRRIGATION ACT, 1879

Section

Details

3
3
3
3
3
3
4
5
6

Canal
Water Course
Drainage Work
Flood Embankment
Canal Officer
Owner
Appointment Of Canal Officer
Notification For Usage Of Water In Canal
Canal Officer Authorised To Enter Any Land To Remove Any
Obstruction, Close Any Channel, And Do Anything Necessary
Enter For Inquiry
Power To Inspect & Regulate Water Supply
Power To Enter For Repairs & To Prevent Accidents
Notice To Occupiers Of Building
Provincial Govt: Prohibit Obstruction In Certain Limits In Rivers, Etc.
Canal Officer May Cause Obstruction To Be Removed
Provincial Govt: May Order For Drainage Work
Construction Of Water Course By Private Persons
Application To Canal Officer For Construction Of New Water Course
When Canal Officer Consider Construction Of Water Course Is
Needed
Collector To Acquire Land
Procedure After Construction Of Water Course, After Land Acquired
By Collector
Obligations, Rights, Of Users & Owners Of Water Courses
Private Arrangement Of Water Supply Between Owners/ Occupier
Other Use Of Land Acquired For Water Course
Canal Officer May Repair Water Course If Owner Fails
Settlement Of Dispute By Canal Officer
Water To Be Supplied On Written Application
Power To Stop Water Supply
Duration Of Supply
Compensation For Any Damage Caused By Any Work, Repair
Compensation For Any Damage Caused By Entry On Land Etc.
Compensation For Any Damage Caused By Interruption Of Water
Supply
All Claims For Compensation To Be Preferred To Collector
Determination Of Water Rate For Supply Of Canal Water
Liability When Person Cannot Be Identified
Liability When Water Runs To Waste
Land Deriving Benefit From Percolation
Procedure For Obtaining Labour In Emergency Cases
List Of Labourers
Penalty For Damaging Canal
Penalty For Endangering Stability Of Canal
Obstruction To Be Removed & Damage Repaired By Convicted
Person Or Canal Officer
Staff Of Canal Officer Can Arrest Offenders & Produce Before
Magistrate
Appeals: Canal Officer To Collecter, Collector To Commissioner
Power To Examine Witness
Service Of Notice
Provincial Govt: May Make Rules
Second Class Irrigation Work.
Proclamation For Second Class Irrigation Work
Framing Of Record Of Rights
Power Of Canal Officer For Second Class Irrigation Work
Obligation To Carry Out Reapair In Second Class Irrigation Work

(1)
(2)
(3)
(4)
(6)
(7)

7
8
9
10
12
14
15
16
17
18
19
20
21
22
24
25
26
27
28
29
31
34
35
38
44
45
46
48
58
59
61
62
63
64
67
68
69
70
72 & 73
74
76
77
84

25

87

Duty Of Tapedar To Report Failure To Effect Repairs

Question

WHAT ARE THE POWERS OF CANAL OFFICER?

Following are the powers of Canal Officer under The Sindh Irrigation Act,
1879:
1) To sanction new water course at the request and cost of
Landowner in accordance with procedure shown under
Section 16 to 20 of The Sindh Irrigation Act, 1879.
2) To remove obstructions and encroachment at the time
carrying out irrigation work under Section 13 and 14 of The
Sindh Irrigation Act, 1879.
3) To stop water supply in emergency cases under Section 28 of
The Sindh Irrigation Act, 1879.
4) To impose fine on un-authorized use of water under Section
45 of The Sindh Irrigation Act, 1879.
5) To levy additional water rate in case of percolation under
Section 48 of The Sindh Irrigation Act, 1879.
6) To sanction peach of water course with the mutual consent of
all effected landowners.
7) To settle the dispute arising between landowners on
irrigational water supply under Section 26 of The Sindh
Irrigation Act, 1879.
8) To impose fine under Section 61, 62, 63 for damage of canal.
Question
WHAT ARE THE POWERS OF THE COLLECTOR UNDER THE
IRRIGATION ACT,
1879?
The following are the powers of the Collector:
1. He shall hear the appeals against the order of Canal Officer (XEN) regarding
imposition of fine under Section 67 and also unnecessary stoppage of canal
water supply to the khatedars under Section 28.
2. According to Section 19 ibid, the Collector is competent to acquire the land
for construction of new water course on the recommendation made by the
XEN.
3. According to Section 91 (II) ibid, the Collector is competent to allow or reject
the change of peach of water supply when there is dispute between two
parties and the reference is made by the Canal Officer.
Question
WHAT ARE THE POWERS OF COMMISSIONER UNDER THE
IRRIGATION ACT,
1879?
All powers exercised by the Collector under The Sindh Irrigation
Act, 1879 shall be subject to supervision of Commissioner.
All appeals against the orders of Collector, will be entertained by Revenue
Commissioner.
Question

WHAT ARE THE RIGHTS AND OBLIGATIONS OF OWNERS

OF WATER COURSE UNDER THE SINDH IRRIGATION ACT,
1879?

According to Section 21 of Irrigation Act, 1879, every owner of

water course is responsible to maintain his water course in such a manner that
there should be adequate / sufficient water supply and may not be leakage and
seepage in irrigation water supply. They are responsible to slit the water course and
keep its bunds / banks tight and fright so that the water may not run waste.

26

According to Section 25 ibid, the owner of water course who fails to discharge
above responsibilities, the Canal Officer shall get the work done at the Government
cost and the expenditure incurred shall be recovered from the owner of water
course as an arrear of land revenue.

Question

WHAT ACTION CAN BE TAKEN BY CANAL OFFICER, WHEN

HE FINDS UN-AUTHORIZED USE OF WATER
OR
WHEN WATER RUNS WASTE?

According to Section 45 of The Sindh Irrigation Act, 1879 read

with Rule-10 of Canals Rules, 1930, the Canal Officer is empowered to impose fine
on the person who has made un-authorized use of water, at the rate prescribed by
Provincial Government U/S 70 ibid: from time to time.
According to Section 46 of The Sindh Irrigation Act, 1879 read
with Rule-11 of Canal Rules, 1930, if the Canal Officer finds that the water runs
waste and the offender is not known he shall impose fine on all the landowners
proportionately whose lands are watered from that water course.
The orders of the Canal Officer (XEN) are appealable before the Collector of the
District under Section 67 of Irrigation Act, 1879.

Question

UNDER WHAT CIRCUMSTANCES THE ADDITIONAL WATER

RATE IS RECOVERED FROM THE LAND OWNER?
OR
DEFINE PERCOLATION?

According to Section 48 of The Sindh Irrigation Act, 1879, if any

canal is found overflowing from its banks/bunds or there is wastage of water of
canal through the holes caused by snakes, rates, and rabbits, such additional water
rate shall be recovered from land holders / khatedars whose lands have been
irrigated / watered within the area of 200 yards from all the sites of canal. The order
of Canal Officer is appealable before the Collector under Section 67 of The Sindh
Irrigation Act, 1879.
Question

DESCRIBE THE PROCEDURE OF SANCTION OF NEW WATER

COURSE.

The procedure of construction of new water course is shown /

laid down under Section 16 to 20 of the Sindh Irrigation Act, 1879 which is
explained as under:
According to Section 16, the Landowner shall move an application for the sanction
of new water course for irrigation purpose on the cost of applicant.
The Canal Officer (XEN), after receipt of such an application, shall hear the
objections from the affected land holders and if they have no objection, the Canal
Officer (XEN) shall allow to construct the new water course accordingly.
According to Section 18 ibid, if there is any objection raised by the surrounding
landlords, the Canal Officer (XEN) on the payment of applicant, shall send a
reference to the Collector of District for acquisition of land for the purpose under
Section 19 ibid and after acquisition of land, the Canal Officer shall start the
construction of work as required under Section 20.
Question
IF ANY DISPUTE ARISING BETWEEN THE LAND HOLDERS
ON IRRIGATION
WATER SUPPLY, WHO IS COMPETENT TO
SETTLE THE DISPUTE?

27

According to Section 26 of Sindh Irrigation Act, 1879, if there is any

dispute amongst the landowners on supply of irrigation water, the Canal officer
shall decide the matter after hearing both the parties and shall prepare the share
list for supply of water to each of them.

Question

WHAT ARE THE PROVISIONS RELATING TO SUPPLY OF

CANAL WATER AND ITS DURATION FOR THE PURPOSE
OTHER THAN THE IRRIGATION OF LAND?

According to Section 27 of The Sindh Irrigation Act, 1879, the

Canal Officer after getting approval from the provincial government is competent to
grant supply of water from the canal on the application made by person for the
purpose other than cultivation of land for the period and the water rate determined
by the Canal Officer.
Question
IN WHAT CASES THE MANUAL LABOUR IS REQUIRED BY
THE CANAL
OFFICER FROM THE COLLECTOR
AND HOW IT IS ARRANGED?
According to Section 58 of The Sindh Irrigation Act, 1879 read
with Rule-22 of Canal Rules, 1930, whenever any emergency arises for supply of
manual labour in case of river floods or hill torrents for protection of life and
property of people, the Canal Officer shall make a reference to the Collector for
immediate arrangement and supply of the manual labour to be made at the
disposal of Canal Officer. The Collector shall immediately arrange supply of manual
labour from the labour list maintained by Taluka Mukhtiarkar under Section 59 of
The Sindh Irrigation Act, 1879. The age limit of labourer shall not be below 18 years
and above 50 years. The irrigation authorities are bound to pay the daily wages to
each labourer at the rate prevailing at the time.
Question

EXPLAIN THE 2ND CLASS IRRIGATIONAL WORK.

According to Section 73 of The Sindh Irrigation Act 1879, the

second class irrigation work is that work which is notified in official Gazzatte as 2 nd
class irrigation work viz: any canal, chanel, stream, river, etc. Government fix a
period not less than 4 months for objections.
Question
FOR THE
LAND?

IS THERE ANY PROVISION FOR SUPPLY OF CANAL WATER

PURPOSE OTHER THAN IRRIGATION OF

According to Section 27 of Sindh Irrigation Act, 1879, the supply

of canal water on the application made by any person for feeding the fishpond,
park, swimming pools etc other than agriculture purpose.
The Canal Officer after receipt of such application may refer the case to the
Superintendent Engineer who after approval of Provincial Government will sanction
the water supply for specified period at the rate of water as determined by the
Provincial Government.
Question
STATE THE PROCEDURE OF TRANSFER OF PEACH OF
LAND AS LAID DOWN
UNDER THE SINDH IRRIGATION
ACT, 1879?

28

According to Section 91(I) of the Sindh Irrigation Act, 1879, the Canal
Officer (XEN) is competent for transfer of peach from one head to another head of
Canal on the application of Land Holder.
The Canal Officer after receipt of such an application shall hear the
objections from the landholders who are affected by such transfer of peach.
If there are no objections, the Canal Officer after getting the approval
from Superintendent Engineer shall sanction the peach.
According to Section 91(II) of the Sindh Irrigation Act, 1879, if there are
objections, the Canal Officer may refer the matter to the Collector of the District for
deciding the matter.
The Collector shall call the objectors and after hearing them, shall
decide the matter on merits either upholding the objections or over ruling the
objections. If the Collector allows the transfer of peach, he shall communicate the
order to the Canal Officer to do the needful.

CANAL RULES 1930

Question WHAT ARE THE DUTIES AND POWERS OF COLLECTOR UNDER
CANAL RULES 1930?

According to Rule 20 and 21 of Canal Rules 1930, the Collector is

responsible to send the Annual consolidate return of recovery of water rate on 30 th
September to the Superintendent Engineer in the prescribed performs A and B.
According to Rule 21 ibid, the Collector is responsible to send the Annual Return in
the form C regarding Annual Collection of water rate to the Accountant General
(AG) Sindh on the same date i.e., 30th September every year.

29

THE SINDH BOARD OF REVENUE ACT, 1957

Section

Details

2 (i)
2(iii)
3
4

Board
Member
Constitution of Board of Revenue
Superintendence & control of Revenue officers &

5
6
7
8
9

Revenue Courts
Powers of the Board
Conduct of Business
Revision of orders by Board
Review of orders by Board
Powers to make rules

Question

DESCRIBE THE CONSTITUTION OF BOARD OF REVENUE

AND ITS FUNCTIONS.

The Board of Revenue is constituted under Section 3 of the Sindh

Board of Revenue Act, 1957 by the Provincial Government consisting of as many
members as desired by the provincial government. Every member has been
assigned the revenue work separately for which he is responsible to Provincial
Government directly in all revenue matters, but in discharge of judicial functions, he
is quite independent.
It exercises the full control in all revenue matters throughout the
province and frames rules and regulation and issues instructions to the subordinate
revenue officers for fair and smooth maintenance of record and running of Revenue
Administration.
Members of the Board of Revenue entertain appeals/ revision against the orders of
subordinate revenue officers within its jurisdiction.

Question

EXPLAIN THE PROCEDURE TO DECIDE THE POINT WHEN

THERE IS DIFFERENCE OF OPINION AMONGST THE
MEMBERS OF FULL BOARD.

According to Section 5 of the Sindh Board of Revenue Act, 1957,

if any matter is placed before the full Board of Revenue for discussion and decision,
where the opinion of members is divided equally then the Senior Member BOARD
OF REVENUE, who is chairman of full board will refer the matter to provincial
government for temporary appointment of additional member under Section 6 of
the Sindh Board of Revenue Act, 1957. After appointment of additional member, the
entire case papers will be placed before him, who after study of case minutely, shall
give his opinion which will be final decision of case.

Question THE REVENUE MINISTER ENTERTAINED APPEAL AGAINST THE

ORDERS OF MEMBER
OF BOARD OF REVENUE AND SET-A-SIDE

30

THE ORDERS, AFTER HEARING

COMMENT.

THE

PARTIES.

According to Section 4(2) of BOARD OF REVENUE Act, 1957, every

member of BOARD OF REVENUE is independent in discharge of judicial functions.
The orders of the Revenue Minister are illegal to set aside the judicial orders passed
by a member of BOARD OF REVENUE.

Question
REVENUE?

WHAT ARE THE REVIEW POWERS OF BOARD OF

According to Section 8 of the Sindh Board of Revenue Act, 1957,

every member of Board of Revenue is empowered to review the judicial orders
announced by him or by his predecessor within the period of 90 days. If he finds
that the material evidence of the case was not produced by aggrieved party due to
unavoidable circumstances faced by the party.

Question

CAN BOARD OF REVENUE ENTERTAIN AND DECIDE THE

IRRIGATION MATTER?

According to synopsis of Section 4 of the Sindh Board of

Revenue Act, 1957, the Board Of Revenue is not competent to decide any
irrigational matter placed before it.
Question

EXPLAIN THE PROCEDURE OF MEETING OF BOARD OF

REVENUE AND ITS QUORUM.

According to Rule-3 of Board of Revenue Business Rules 1959,

the quorum of Board of Revenue members while exercising the powers of Board of
Revenue shall not be less than 2 members. When the quorum is not completed, the
chairman of full board shall adjourn the meeting till the quorum is completed. After
completing the quorum, the policy matter for discussion shall be placed by the
member, who is dealing with such matter.
Question

EXPLAIN THE PROCEDURE OF FILING APPEAL / REVISION

BEFORE THE BOARD OF REVENUE.

According to Board of Revenue Business Rules, 1959, if any

person files any revision / appeal before the Board of Revenue, he shall produce the
appeal / revision memo along with the relevant certified copies of documents with
properly stamped before any office of the district to whom it belongs or the
concerned clerk of Board Of Revenue. After receipt of papers, the authorized officer
or the clerk of the court shall examine the papers, if it fulfills the requirements, he
shall enter the appeal/revision memo in the case register, maintained by him in
Performa prescribed by the Board Of Revenue. After observing all the formalities
then paper shall be placed before the member Board of Revenue for further action.