Preparation and Revision of

the Record-of-Rights
(Khatiyan)
Lecture 2
 What is the Record-of-Rights?

• The Record-of-Rights commonly known as ‘Khatiyan’ is a

good piece of evidence of present possession of the real
owner and possessor. It is termed as the Record-of-Rights
since it records on a piece of paper the rights of the raiyats
accrued by operation of the Bengal Tenancy Act, 1885 or the
Sylhet Tenancy Act, 1936 or the State Acquisition and
Tenancy Act, 1950. The Record-of-Rights bears its own
number i.e. khatiyan number, plot numbers, area, mouza, J.L.
number i.e. jurisdiction list number, names and share of the
possessor, description of their rights and superior interest etc.
• In the Record-of-Rights prepared under the Bengal
Tenancy Act, 1885 or the Sylhet Tenancy Act, 1936
the name of the raiyats was laid down under the
name of the zamindars. However, in the record-of-
rights prepared under the State Acquisition
Tenancy Act, 1950 only the name of the tenants
(later called maliks) was written as they were
tenants directly under the Government.
• On entering fields, the Government Amin measures
lands, draws map for each plot of lands, examines the
legality of the possession of the possessor with the
help of the settlement officer and prepares a sheet
inserting plot numbers as per the sketch map and
writes quantity of lands, class of the lands, rent etc. in
it. This sheet is called the record-of-rights. It is called
porcha in some areas but normally the certified copy
of a record-of-rights is known as porcha.
Presumptive value of record-of-
rights
• Though record-of-rights is called the foundation of
ownership of lands, it does not act as the document
of title. It has got some presumptive value. Some
record-of-rights can create presumption of
possession and title e.g. S.A. Khatiyan can create
presumption of possession and not title.
• Chan Mahmood v. Hossain Ali 3 BLC 364
• While C.S. Khatiyan can create presumption of possession
and title.
• It is generally said that every entry in the Record-of-Rights
shall be presumed to be correct until it is proved by other
evidence e.g. recital of kabala i.e. registered instrument,
rent receipts etc. to be incorrect. However, until the record-
of-rights is finally published, no presumption of
correctness arises. In terms of correctness, the C.S.
Record-of Rights is considered to be the most authentic
one.
 Classification of record-of-
rights
• The record-of-rights has been prepared and revised during several
surveys and has been named after such surveys.

• 1. C.S. Record-of-Rights
• The C.S. record-of-rights are prepared after the cadastral survey
conducted under the provisions of section 101 of the BT Act, 1885 and
section 117 of the Sylhet Tenancy Act, 1936. this record-of-rights is based
on cadastral survey, also known as district survey under the BT Act.
• It commenced in 1888 in Chittagong and ended in 1943 in Dinajpur. The
C.S. ROR under the ST Act, 1936 commenced in 1950 in Sylhet and
ended in 1963.
• 2. R.S. ROR of C.S. ROR
• R.S. ROR is prepared under the provisions of
section 101 of the BT Act, 1885 in some parts of
Bengal. R.S. ROR was conducted to revise C.S.
ROR. It commenced in 1923 in Chittagong and
ended in 1952 in Bakerganj. In areas of Sylhet, the
C.S. ROR was not revised.
• 3. S.A. ROR
• The S.A. ROR is prepared after the State Acquisition survey
conducted under the provisions of section 17 of the SAT Act, 1950.
It commenced in 1954 in Patuakhali and ended in 1965 in Faridpur.
• 4. R.S. ROR
• In different parts of Bangladesh, S.A. ROR have been revised
having based on revisional survey. This survey has been conducted
under section 144 of the SAT Act, 1950. This ROR is also called
R.S. ROR. It started from the day when the S.A. khatiyan ended.
• 5. B.S. ROR
• Currently, the Bangladesh Survey has been in
operation throughout Bangladesh under section 144
contained in Part V of the SAT Act, 1950 and the
S.A. ROR will be revised in the name of B.S. ROR.
It is not sure whether this khatiyan will be a revised
khatiyan or a new khatiyan since section 144 deals
with both preparation and revision of khatiyans.
Land records in Chittagong Hill
Tracts Areas
• In the Chittagong Hill Tracts areas, no ROR is prepared so
far. No order for the preparation of the ROR was made in
respect of such area till the Land khatiyan (Chittagong
Hill Tracts) Ordinance, 1984 came in. However, it was not
completed due to non-cooperation of the tribal people.
• Currently land khatiyan is underway in Chittagong Hill
Tracts areas by operation of the peace accord which was
signed on 2nd december 1997 with the tribal people.
Clause 2 of part D of the accord stipulates,
• After signing the Agreement between the Government
and the Jana Samhiti Samiti and implementation thereof
and rehabilitation of the tribal refugees and internally
displaced tribals, the Government shall, as soon as
possible, commence, in consultation with the Regional
Council to be constituted under this agreement, the Land
Survey in Chittagong Hill Tracts and finally determine
the land ownership of the tribal people through settling
the land-disputes on proper verification and shall record
their land and ensure their rights thereto.
• On 14 march 2010, Secretary of Chittagong Hill
Tracts Land Dispute Resolution Commission Md.
Abdul Hamid issued public notice under the
Chittagong Hill Tracts Land Dispute Resolution
Commission Act, 2001 asking affected land owners
to lodge application on land disputes with the Land
Commission. The notice said that application must
be filed within 60 days; otherwise no application
would be accepted.
 Digitizing the Land Records
• Two projects on digitizing the land records and documents were
to be completed in 54 districts by June 2013. the projects are
‘implementation of land survey, preparation and preservation of
records under digital system (1st phase) and ‘computerization of
existing Mouza maps and khatiyans’.
• The government also undertook a project titled ‘Strengthening
Governance Management Project’ with the fund of Asian
Development Bank. These projects are to set up Land Information
Service Centres in 20 Upazilas to provide Land information to the
people and to introduce ‘Digital Land Management System’
(DLMS) in 45 Upazilas of seven districts.
• The DLMS has already been introduced on a pilot
basis to make the land administration and
management more accountable and transparent.
With the financial assistance of the European
Union, the government undertook another pilot
project titled ‘strengthening access to land and
property rights for all citizens of Bangladesh’. A
digital survey was to be conducted in five mouzas
at Savar in Dhaka under the scheme.
 Procedures for the preparation
or revision of the ROR
• There are different stages and procedures for the
revision of the ROR. Such procedures have been
laid down in-
• Tenancy Rules, 1955
• Survey and Settlement Manual, 1935
• Survey Act, 1875 and
• Some other technical rules framed for this purpose
• For purposes of preparation and revision of the ROR, the revenue officer
is appointed with the additional designation of the Settlement Officer or
Assistant Settlement Officer under Rule 36 of the Tenancy Rules, 1955.
• Besides the government’s own initiative, there are certain other grounds
for which the govt. can order to revise or prepare the ROR under section
144(2), namely-
• Where not less than one-half of the total number of tenants applies for
such an order
• Where the preparation or revision of such a record is calculated to settle
or avert a serious dispute existing or likely to arise amongst the tenants
and
• Where a settlement is being or about to be made in
respect of a district, part of a district or local area.
• If the preparation or revision of ROR has been
directed under sub-section 2(a) and (b), the cost of
preparation or revision of ROR is recovered from
raiyats under section 145.
 Particulars to be recorded in the ROR
(Rule 26 of the Tenancy Rules, 1955)
• A. the name, father’s name and address of each tenant or
occupant
• B. the class to which each such tenant or occupant belongs
• C. the situation, class, quantity and one or more of the
boundaries of the land held by each tenant or occupant
• D. the rent payable at the time the ROR is revised
• E. the amount payable in respect of any rights of pasturage,
forest rights, rights over fisheries and the like at the time the
ROR is being revised.
 Stages of the work (Rule 27 of
the Tenancy Rules, 1955)
• 1. Traverse Survey: rule 21 of the SA Rules, 1951-
the cadastral survey shall be based upon a traverse
survey, and such traverse survey shall ordinarily be
carried out by theodolite observations.
• 2. Cadastral Survey: Rule 27A of the Tenancy
Rules, 1955- in the course of proceedings under
section 144, a large scale map showing therein
roads, rivers, railways, homestead, fields and other
physical features of the country shall be prepared
for each village, as a unit of survey and record.
• 3. Erection of Boundary Marks: Rule 23 of the SA
rules, 1951- boundary marks of a permanent nature
shall be erected at every point where this is
necessary, in the opinion of the revenue officer.
• 4. Preliminary record of writing or khanapuri: rule
24 of SA rules, 1951- the draft record shall consist
of statements of rights which are hereinafter styled
as the khatiyans. There shall ordinarily be a
separate khatiyan for each person interested or each
group of persons jointly interested in the land.
• 5. Local Explanation or Bujharat: rule 25 of the SA
rules,1951- when the areas of the fields have been
extracted and entered in the preliminary record, a
copy of each tenant shall be made over by a
revenue officer or a kanungo to the person or group
of persons in whose names the khatiyan has been
opened, or to their representatives.
• Each khatiyan shall then be examined on the
ground with reference to the village map, by a
revenue officer or a kanungo and shall be explained
to the person or persons concerned or their
representatives. The revenue officer shall make
such corrections as are necessary in the map, in the
draft record and in the copies of the khatiyans
which have been distributed.
• 6. Attestation: Rule 26 of the SA Rules, 1951- this stage
shall be taken up after the tenants have been allowed a
sufficient interval to study their copies of the khatiyans.
The attestation of each village shall be taken up at a
convenient place in or near the village. At least one month
before tenants will be given due notice to bring with them
their copies of khatiyans. As such person appears before
him, the Revenue Officer shall examine his khatiyan, read
out the all important entries, make corrections as necessary,
and see that khatiyan is complete in all particulars.
• 7. Publication of draft ROR: Section 144(5) and
Rule 29 of the tenancy rules, 1955- after
completion of attestation, the revenue officer shall
publish the draft ROR by placing it for public
inspection free-of-charge during a period of not
less than one month at such convenient place as he
may determine.
• 8. Objection: Section 144(5) and rule 30 of the Tenancy
rules, 1955- the Revenue Officer shall receive and consider
any objections which may be made to any entry in the draft
record on giving the person so interested an opportunity of
being heard.
• 9. Appeal: Section 144(6) and rule 31 of the Tenancy rules,
1955- any person aggrieved by an order passed by the
Revenue Officer may prefer an appeal to the prescribed
revenue authority with the designation of settlement officer
within 30 days from the date of the order appealed against.
• 10. Preparation and publication of final record:
section144(7) and rules 32 and 33 of the tenancy
rules, 1955- when all such objections and appeals
have been considered and disposed of according to
such rules as the govt. may make in this behalf, the
revenue officer shall finally frame the record and
shall cause such record to be finally published and
the publication shall be conclusive evidence that
the record has been duly prepared or revised.
• The Revenue Officer shall publish the ROR by placing it for
public inspection, free of charge during day period not less
than 30 days at such convenient place as he may determine.
• Certificate of Final Publication
• Section 144(8) and rule 34 of the Tenancy Rules, 1955 says
that when a ROR has been finally published under sub-
section 7, the revenue officer shall within sixty days from the
date of final publication, make a certificate stating the fact of
such final publication and the date thereof and shall date and
subscribe the same with his name and official title.
 Presumption of correctness

• Section 144A read with rule 35 of the tenancy rules, 1955

states that every entry in a ROR prepared or revised under
section 144 shall be conclusive evidence of the matter
referred to in such entry, and shall be presumed to be
correct until it is proved by evidence to be incorrect.
• Noor Mohammad khan v. Bangladesh 42 DLR 434
• Dayal Chandra Mondal and others v. Assistant Custodian
Vested and Non-resident Property 50 DLR 186
• Fatema Khatun v. Fazil Mia 6 BLC 241.
 Forum for the Correction of
ROR
• After the final publication of the last revised ROR,
every suit arising out of such publication shall be
laid down to the Land Survey Tribunal, not to the
Civil Court. the newly inserted chapter XVIIA of
the SAT Act, 1950 lays down the provision for
Land Survey Tribunal and Land Survey Appellate
Tribunal.
 a. Land Survey Tribunal
• Section 145A
• (1) The Government may, by notification in the official Gazette, establish
as many Land Survey Tribunals as may be required to dispose of the suits
arising out of the final publication of the last revised record-of-rights
prepared under section 144.

• (2) The Government may, by notification in the official Gazette, fix and
alter the territorial limits of the jurisdiction of any Land Survey Tribunal.
• (3) The Government shall, in consultation with the
Supreme Court, appoint the judge of the Land Survey
Tribunal from among persons who are Joint District
Judges.

• (4) No suit other than the suits arising out of the final
publication of the last revised record of rights prepared
under section 144 shall lie in the Land Survey Tribunal.
(5) If any suit arising out of the final publication of the last revised
record-of-rights prepared under section 144 is instituted in any
civil court before the establishment of the Land Survey Tribunal
under this section, such suit shall stand transferred to the Tribunal
as soon as it is established.
• (6) Subject to the provision of sub-section (7), any
person aggrieved by the final publication of the last
revised record-of-rights prepared under section 144
may, within one year from the date of such
publication or from the date of the establishment of
the Land Survey Tribunal, whichever is later, file a
suit in such Tribunal.
• (7) A suit may be admitted within next one year after the expiry of
the period specified in sub-section (6), if the Land Survey Tribunal
is satisfied with the reasons for delay shown by the plaintiff.

(8) The Tribunal shall be competent to declare the impugned

record-of-rights to be incorrect and further direct the concerned
office to correct the record-of-rights in accordance with its
decision, and may also pass such other order as may be
necessary.5A runs as follows
 b. Land Survey Appellate
Tribunal
• Section 145B
• (1) The Government may, by notification in the official Gazette,
establish as many Land Survey Appellate Tribunals as may be
required to hear the appeals arising out of the judgment, decree
or order of the Land Survey Tribunals.

(2) The Government may, by notification in the official Gazette,

fix and alter the territorial limits of the jurisdiction of any Land
Survey Appellate Tribunal.
• (3) The Government shall appoint the judge of the
Land Survey Appellate Tribunal from among
persons who are or have been Judges of the High
Court Division of the Supreme Court.

(4) No appeal other than the appeals arising out of

the judgment, decree or order of the Land Survey
Tribunal shall lie in the Land Survey Appellate
Tribunal.
• (5) Subject to the provision of sub-section (6), any person aggrieved
by any judgment, decree or order of the Land Survey Tribunal may,
within three months from the date of such judgment, decree or order,
prefer an appeal to the Land Survey Appellate Tribunal.

(6) An appeal may be admitted within next three months even after
the expiry of the period specified in sub-section (5), if the Land
Survey Appellate Tribunal is satisfied with the reasons for delay
shown by the appellant.
 c. Appeal to the Appellate
Division
• Section 145 C
• An appeal from a judgment or order of the Land
Survey Appellate Tribunal shall lie to the Appellate
Division of the Supreme Court only if the
Appellate Division grants leave to appeal.
 Bar to jurisdiction of Civil
Courts
• Section 145F
• No suit arising out of the final publication of the
last revised record-of-rights prepared under section
144 shall lie in any civil court within the territorial
limits of the jurisdiction for which a Land Survey
Tribunal is established under section 145A.
End of Lecture 2

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