ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971
26 of 1971
An Act to consolidate and amend the law relating to the 1 [Rights in Land] and Pattadar Pass Books in the State of Andhra Pradesh. Be it enacted by the Legislature of the State of Andhra Pradesh in the first in the Twenty second year of the Republic of India and subsequent amendments in the thirty first year and fortieth year of the Republic of India as follows
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh [Rights in Land] and Pattadar Pass Books Act, 1971.
(2) It shall come into force at once.
(3) It shall come into force in such area or areas and on such date or dates as the Government may, by notification, from time to time specify in this behalf.
Section 2 Definitions
In this Act, unless the extent otherwise requires,-
(1) "Certified copy" or "certified extract" means a copy of extract, as the case may be, certified in the manner prescribed by Section 76 of the Indian Evidence Act, 1872 (Central Act 1 of 1872).
(2) "Collector" means the Collector of a district and includes "Joint Collector";
(2a) "Commissioner" means the Commissioner, Survey Settlements and Land Records";
(2aa) "Credit agency" means any banking company as defined in the Banking Regulation Act, 1949, the State Bank of India and its subsidiaries, a corresponding new bank, a Regional Rural Bank, a Co operative Bank or Credit Society by whatever name called, Agricultural Development Bank and includes any other agency or individual the main object of which is to lend money;"]
(3) "Government" means the State Government.
(4) "Land" means land which is used or is capable of being used for purposes of agriculture, including horticulture but does not include land used exclusively for non agricultural purposes;
(4a) "Mandal Revenue Officer" means the Officer incharge of a Revenue Mandal and includes any Officer of the Revenue Department authorised by the Commissioner to perform the functions of the Mandal Revenue Officer under this Act.
(5) "Notification" means a notification published in the Andhra Pradesh Gazette or the District Gazette and the word "notified" shall be construed accordingly. (6) "Occupant" means a person in actual possession of land, other than a tenant or a usufructuary mortgagee.
(6a) "owner" means a person who has permanent and heritable rights of possession on the land which can be alienated and includes the holder of a patta issued to him as a landless poor person.
(6b) title deed and pass book means the title deed and pass book issued under Section 6-a".
(7) "pattadar" includes every person who holds land directly under the Government under a patta whose name is registered in the land revenue accounts of the Government as pattadar and who is liable to pay land revenue.
(8) "prescribed" means prescribed by rules made under this Act.
(9) "record of rights" means records prepared and maintained under the provisions, or for the purposes of this Act;
(10) "recording authority" means such officer of the Revenue Department as may be notified by the Collector or the Commissioner to be the recording authority for the purposes of this Act.
(10a) "Revenue Divisional Officer" means the Deputy Collector incharge of Revenue Division and includes a Sub Collector or an Assistant Collector.
(11) "tenant" means
(i) a lessee under a tenancy agreement, express or implied; or
(ii) a person who is or is deemed to be a tenant under any law for the time being in force;
(12) "village" means any local area which is recognised as a village in the revenue accounts of the Government.
Section 3 Preparation and updating of record of rights in all lands
(1) As soon as may be after the commencement of this Act any area, there shall be prepared and brought upto date from time to time, by the recording authority in such manner, and thereafter maintained in such form as may be prescribed, a records of rights in all lands in every village in that area and such record of rights shall contain the following particulars, namely:
(a) the names of all persons who are owners, pattadars, mortgagees occupants or tenants of lands;
(b) the nature and extent of the respective rights or interest of such persons and the conditions or liabilities if any, attaching thereto;
(c) the rent, revenue or other amount, if any, payable by, or to any of such persons;
(d) such other particulars as may be prescribed.
(2) When in respect of any village the preparation of the record of rights referred to in sub section (1) is completed; the fact of such completion shall be notified in the Andhra Pradesh Gazette or the District Gazette and in such other manner as may be prescribed.
(3) Any person affected by an entry in such record of right may, within a period of one year from the date of the notification referred to in sub section (2), apply, for rectification of the entry to such officer as may be prescribed. The said officer may, after such inquiry as may be prescribed, give his decision on such application and direct the rectification of the record of rights in accordance with such decision which shall subject to the provisions of Section 9, be final.
Section 3A Modification of Laws inconsistent with this Act
(1) In relation to any village in which the provisions of this Act are in force, the provisions of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli or of any other law for the time being in force which are inconsistent with the provisions of this Act shall have effect subject to such omissions or modifications as may be required for the removal of the inconsistency.
(2) In particular and without prejudice to the generality of sub section (1) in relation to any village in which the provisions of this Act are in force, in Telangana Area, Sections 103 and 141 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli shall have effect in relation to such village as if the word pattadar in each of the said sections were substituted by the word occupant.
Section 4 Acquisition of rights to be intimated
(1) Any person acquiring by succession, survivorship, inheritance, the partition, Government patta, decree of a court or otherwise any right as owner pattadar, mortgagee, occupant or tenant of a land and any person acquiring any right as occupant of a land by any other method shall intimate in writing his acquisition of such right, to the Mandal Revenue Officer within ninety days from the date of such acquisition, and the said Mandal Revenue Officer shall give or send a written acknowledgment of the receipt of such intimation to the person making it:-
Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other persons having charge of his property shall intimate the fact of such acquisition to the Mandal Revenue Officer.
(2) Notwithstanding anything contained in the Registration Act, 1908, every registering officer appointed under the Act and registering a document relating to a transaction in land, such as sale, mortgage, gift, lease or otherwise shall intimate the Mandal Revenue Officer of the Mandal in which the property is situate of such transaction.
Explanation I:- The right mentioned above shall include a mortgage without possession and a right determined by civil court.
Explanation II:- A person in whose favour a mortgage is discharged or extinguished, or a lease is determined, acquiries a right within the meaning of this section.
Section 5 Amendment and updating of Record of Rights
(1) On receipt of intimation of the fact of acquisition of any right referred to in Section 4, the [Mandal Revenue Officer] shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence therefor and shall carryout the amendment in the record of rights in accordance with such determination:-
Provided that no order refusing to make an amendment in accordance with the intimation shall be passed unless the person making such intimation has been given an opportunity of making his representation in that behalf.
(2) Where the [Mandal Revenue Officer] has reason to believe that an acquisition of any right of a description to which Section 4 applies has taken place and of which an intimation has not been made to him under that Section and where he considers that an amendment has to be effected in the record of rights, the recording authority shall carry out the said amendment in the record of rights.
(3) The [Mandal Revenue Officer] shall, before carrying out any amendment in the record of rights under sub section (1) or sub section (2) issue a notice in writing to all persons whose names are entered in the record of rights and who are interested in or affected by the amendment and to any other persons whom he has reason to believe to be interested therein or affected thereby to show cause within the period specified therein as to why the amendment should not be carried out. A copy of the amendment and the notice aforesaid shall also be published in such manner as may be prescribed. The recording authority shall consider every objection made in that behalf and after making such enquiry as may be prescribed pass such order in relation thereto as he deems fit.
(4) Every order passed under this section shall be communicated to the person concerned.
(5) Against every order of the [Mandal Revenue Officer] either making an amendment in the record of rights of refusing to make such an amendment, an appeal shall lie to the Revenue Divisional Officer or such authority as may be prescribed, within a period of sixty days from the date of communication of the said order and the decision of the appellate authority thereon shall subject to the provisions of Section 9, be final.
(6) The Mandal Revenue Officer shall have the power to correct clerical errors, if any, in the Pass Books.
Section 5A Regularisation of certain alienations or other transfers of lands
(1) Notwith standing anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force, where a person is an occupant by virtue of an alienation or transfer made or effected otherwise than by registered document, the alienee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
(2) On receipt of such application, the Mandal Revenue Officer shall after making such enquiry as may be prescribed require the alienee or the transferee to deposit in the office of the Mandal Revenue Officer an amount equal to the registration fees and the stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Registration Act, 1908 as fixed by the registering officer on a reference made to him by the Mandal Revenue Officer on the basis of the value of the property arrived at in such manner as may be prescribed:-
Provided that the Mandal Revenue Officer shall not require the alienee or the transferee to deposit the amount under this sub section unless he is satisfied that the alienation or transfer is not in contravention of the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, the Urban Land (Ceiling and Regulation) Act, 1976, the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 and the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.
(3) Nothing contained in sub section (1) and sub section (2) shall be deemed to validate any alienation where such alienation is in contravention of the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, the Urban Land (Ceiling and Regulation) Act, 1976, the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 and the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.
(4) The Mandal Revenue Officer on deposit of an amount specified in sub section (2), shall issue a certificate to the alienee or the transferee declaring that the alienation or transfer is valid from the date of issue of certificate and such certificate shall, notwithstanding anything in the Registration Act, 1908, be evidence of such alienation or transfer as against the alienor or transferor or any person claiming interest under him.
(5) The Recording Authority, shall on the production of the certificate issued under sub section (2) make any entry in the pass book to the effect that the person whose name has been recorded as an occupant is the owner of the property.
Section 5B Appeal
An appeal shall lie against an order passed by the Mandal Revenue Officer under sub section (4) of Section 5 A, to the Revenue Divisional Officer within thirty days of the date of communication of the order and the Revenue Divisional Officer shall after due enquiry pass such order on the appeal as he deems fit, and such order shall, subject to revision under Section 9 be final.
Section 6 Presumption of correctness of entries in record of rights
Every entry in the record of rights shall be presumed to be true until the contrary is proved or until it is otherwise amended in accordance with the provisions of this Act. [Any mortgage or charge created earlier to a mortgage or charge created in favour of a credit agency shall lose its priority if it is not entered in the pattadar pass book.
Section 6A Pass Book holder to have entries of alienation etc. recorded in Pass Book
(1) Every Owner, Pattadar, mortgagee, [ ] or tenant of any land shall apply for the issue of a [pass book and title deed] to the Mandal Revenue Officer on payment of such fee as may be prescribed. [The owner pattadar shall apply for the issue of a title deed in addition to a pass book.]
Provided that an occupant of an inam land is also eligible to apply for the issue of a pass book and title deed as an occupant.] Provided further that where no application is made under this sub section the Mandal Revenue Officer may suo motu issue a [pass book and title deed] after following the procedure prescribed under sub section (2) and collect the fee prescribed therefor.
(2) On making such application, the Mandal Revenue Officer shall cause an enquiry to be made in such manner as may be prescribed and shall issue a [pass book and title deed] in accordance with the Record of Rights with such particulars and in such form as may be prescribed. Provided that no such [pass book and title deed] shall be issued by the Mandal Revenue Officer unless the Record of Rights have been brought upto date.
(3) The entries in the [pass book and title deed] may be corrected either suo motu or on an application made to the Mandal Revenue Officer in the manner prescribed.
(4) The Government may prescribe by rules the manner in which the [pass book and title deed] may be issued to all owners, pattadars, mortgagees or tenants and to such other person in accordance with the record of rights.
(5) The title deed issued under sub section (1) and duly certified by the Mandal Revenue Officer, or such other authority as may be prescribed, shall be the title deed in respect of an owner pattadar and it shall have the evidentiary value with regard to the title for the purpose of creation of equitable mortgage under the provisions of the Transfer of Property Act, 1882 (Central Act 4 of 1882) as a document registered in accordance with the provisions of the Registration Act, 1908 (Central Act 16 of 1908) has, under the law.
Section 6B Pass Book holder to have entries of alienation etc., recorded in Pass Book
(1) Notwithstanding anything contained in the Registration Act, 1908, every pass book holder presenting a document of title deed before a registering officer appointed under the said Act, on or after coming into force of the Andhra Pradesh Record of Rights in Land and Pattadar Pass Books (Amendment) Ordinance, 1993 relating to a transaction in land, such as purchase or sale, mortgage, gift, lease or otherwise shall get the necessary entries in respect of such transaction recorded in the title deed and pass book by such registering officer.
(2) Every pass book holder acquiring a right by succession, survivorship, inheritance, partition, Government patta, court decree or otherwise shall get necessary entries in respect of such right recorded in the title deed and in the pass book by the Mandal Revenue Officer.
Section 6C Recording of grant of loans and encumbrances etc. in the pass book and punishment or contravention thereof
(1) Every loan granted by any credit agency [on the security of the land] or crop every encumbrance of land for the grant of a loan and every repayment of such loan shall be recorded in the pass book by the concerned officer or authority under attestation by a competent officer of the credit agency, and also made an entry of the discharge after the repayment of the loan:
Provided that after three months from the date of publication of the notification under sub section (2) of Section 3, in the Andhra Pradesh Gazette [or in the District Gazette], no loan shall be granted by any credit agency to a owner pattadar without the production of the title deed and pass book and to others without the production of their pass books.
(2) Any [title deed and pass book] holder approaching a credit agency for a loan without getting necessary entries relating to alienations or transfers of his land or any encumbrance or charge thereon subsequent to the issue of the [title deed and pass book] duly entered therein shall be deemed to have committed an offence under Section 420 of the Indian Penal Code and shall be punishable for such offence.
(3) Every loan referred to in sub section (1) shall be deemed to have been secured by a charge on the land or interests of the borrower. If any loan referred to in sub section (1) remains un recovered, then the credit agency shall request the Collector to recover the loan. On receipt of such request from a credit agency by the Collector, every loan referred to in sub section (1) shall be liable to be recovered as arrears of land revenue by the Revenue Department and the amount recovered shall be paid to the credit agency. The recovery under the Revenue Recovery Act shall be without prejudice to other modes of recovery available to a credit agency.
Section 6D Registering authority to make entries in the [title deed and pass book]
It shall be obligatory on the part of any person having interest or right in land to produce the [title deed and pass book] before the registering authority appointed, under the Registration Act, 1908 along with the documents he proposes to get registered and it shall be obligatory on the part of such registering authority to make entry of every transaction of sale, gift, purchase, mortgage, lease or exchange in such [title deed and pass book] at the appropriate place or places under his signature and official seal.
(2) Notwithstanding anything contained in the Registration Act, 1908, the registering authority shall not register any document relating to a transaction of the nature referred to in sub section (1) without the production of the [title deed and pass book] by both the parties to the transaction:-
Provided that in the case of a landless person including a tenant or a mortgagee who becomes owner of land for the first time by purchase of land through a registered sale deed, the registering authority shall obtain a declaration from him in the form prescribed and send the same to Mandal Revenue Officer to enable him to issue a pattadar pass book in the owner category to such purchaser in the manner prescribed.
Section 7 Inspection and copies of the Record of Rights
Subject to such rules as may be made in this behalf, the record of rights shall be open to the inspection of the public at reasonable hours of any charge and certified copies thereof or certified extracts therefrom [shall be given to all persons including the credit agencies] applying for the same on payment of such fees as may be prescribed.
Section 8 Bar of Suits
(1) No suit shall lie against the Government or any officer of Government in respect of a claim to have an entry made or in relation to an entry made in any record of rights or to have any such entry omitted or amended.
(2) If any person is aggrieved as to any rights of which he is in possession by an entry made in any record of rights he may institute a suit against any person denying or interested to deny his title to such right for declaration of his right under Chapter VI of the Specific Relief Act, 1963 (Central Act 47 of 1963) and the entry in the record of rights shall be amended in accordance with any such declaration.
Section 9 Revision
The Collector may either suo motu or on an application made to him, call for and examine the record of any Recording Authority, Mandal Revenue Officer or Revenue Divisional Officer under Sections 3, 5, 5-A or 5-B, in respect of any record of rights prepared or maintained to satisfy himself as to the regularity, correctness, legality or propriety of any decision taken, order passed or proceedings made in respect thereof and if it appears to the Collector that any such decision, order or proceedings should be modified, annulled or reversed or remitted for re consideration, he may pass orders accordingly:- Provided that no such order adversely affecting any person shall be passed under this section unless he had an opportunity of making a representation.
Section 10 Powers of recording and appellate authority
(1) A recording authority or an appellate authority or any other officer shall, for the purpose of holding any enquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit in respect of the following matters namely -
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of documents; and
(c) Any other matter which may be prescribed.
(2) The provisions of Section 5 and Sections 12 to 24 of the Limitation Act, 1963, shall apply for the purposes of extension and computation of the periods prescribed in Sections 3(3), 4(1), 5(5), 5 A and 5 B of this Act.
Section 10A Corrections to be incorporated in village revenue records
After the final publication of records of rights in the manner prescribed the Mandal Revenue Officer shall take action to incorporate the said particulars in the Village Revenue Records, subject to such amendments as may be necessary on appeal or revision, as the case may be.
Section 11 Powers to make Rules
(1) The Government may by notification and after previous publications make rules for carrying out all or any of the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for:
(a) regulating the manner of preparation, compilation, maintenance and amendment of the record of rights and prescribing the forms in which they are to be compelled or maintained, the places at which and the officer by whom such record of rights have to be maintained and the officer by whom the said records are to be verified and amended.
(b) the maintenance of other records, registers, accounts, maps and plans to be maintained for the purpose of this Act and the manner and forms in which they shall be prepared and maintained;
(bb) regulating the manner of preparation, issue, maintenance and renewal of title deeds and pass books
(c) the inspection of the records, registers and documents maintained under this Act and the fees for the grant of copies thereof or extracts therefrom;
(d) the procedure to be followed in making enquiries and hearing appeals under this Act;
(e) the manner in which appeals shall be filed and the fees therefor;
(f) the manner of service of any notice, intimation or other communication to be issued under this Act;
(g) any other matter that is to be or may be prescribed under this Act.
(3) Every rule made under this Act shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following both houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 12
Act not to apply to Government Lands:- Nothing in this Act shall apply to the lands belonging to the State Government or Central Government.
Section 13 Repeal and Savings
The Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation, 1358 Fasli (Regulation No.LVIII of 1358F) and all standing orders and any other provisions of law relating to the record of rights of land as in force in the State are hereby repealed:-
Provided that the provisions of Section 8 of the Andhra Pradesh General Clauses Act, 1891, (Act 1 of 1891) shall be applicable in respect of the repeal of the said enactment, standing orders and other provisions of law, and Sections 8 and 18 of the said Act shall be applicable as if the said enactment, standing orders, provisions of law had been repealed and re enacted by an Andhra Pradesh Act.
RULE:
ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS RULES, 1989
In exercise of the powers conferred by sub section (1) of Section 11 of the Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Act, 1971 (Act 26 of 1971) and in supersession of the Andhra Pradesh Record of Rights in Land Rules, 1978 issued in G.O.Ms.No.1516, Revenue Department, dated the 16th September, 1978 and published at pages 1 to 15, R.S. to Part II Extraordinary of the Andhra Pradesh Gazette, dated 16th September, 1978; the Governor of Andhra Pradesh hereby makes the Andhra Pradesh Record of Rights in land and Pattadar Pass Books, Rules 1989, the same having been published previously at pages 1 to 120 of the Rules Supplement to Part II, Extraordinary, of the Andhra Pradesh Gazette, dated the 9th May, 1989 and after considering the suggestions received from different quarters as required under sub section (1) of Section 11 of the said Act
Rule 1 Short title, extent and commencement
(1) These rules may be called the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989.
(2) They shall extend to all the areas where the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 is in force.
Rule 2 In these rules, unless the context otherwise requires
(a) Act means, the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.
(b) Section means a section of the Act;
(c) form means the form appended to these rules;
(d) Telangana Area means the territories specified in sub section (1) of Section 3 of the States Re organisation Act, 1956;
(e) Mortgagee means the transferee of a mortgage as defined in the Transfer of Property Act, 1882;
(f) Khatadar means any person having a khata number or account number to pay land revenue. Every person in actual possession of land, other than a tenant or a usufructuary mortgagee shall pay land revenue on it into a khata number or account number assigned to him.
(g) Record of Rights means in respect of owners title to land; and in respect of other rights and interests in land."
(h) Amendment and maintenance of record of rights in lands means and includes the amendments to the record of rights under Sections 3(3) and 5, 8(2) and 9 of the Act.
Rule 3 Form of record of Rights
The Record of Rights shall be prepared and maintained in Form I for every separate revenue village.
Rule 4 Procedure for preparation of Record of Rights and updating of the Records of Rights
(i) The Record of Rights in Lands in the village shall be prepared in the manner hereinafter provided.
(ii) The Commissioner shall issue whenever necessary a notification to make the Record of Rights upto date for the entire State or such area or areas and from such date or dates by notification in the Andhra Pradesh Gazette. The said notification shall also be published in two daily news papers circulating in the State of which atleast one shall be in the Telugu language.
Rule 5
(1)The Recording Authority shall as soon as may be after the commencement of the Act for the first time and whenever a notification has been issued by the Commissioner to make the Record of Rights upto date in the area in which a village is situate cause to be published separate notices: -
(a)
(i) declaring his intention of preparing a record of rights in lands in the village for the first time, or declaring the intention consequent on the issue of a notification by the Commissioner to make the record of rights up to date in the village by updating the registry of holdings and by splitting up of joint pattas etc.
(ii) declaring his intention consequent on the issue of a notification by the Commissioner to make the record of rights upto date in the village.
(a) by updating the registry of holding by splitting up of joint pattas etc.
(b) calling upon all persons claiming any interest in any land in the village to furnish either through the Village Assistant concerned or directly:-
(i) a statement in writing in duplicate in Form 1 A, showing the particulars of the land in which an interest is claimed; and
(ii) the nature of such interest on or before a specified date to be indicated in the notice not being earlier than fifteen days from the date of publication thereof; and
(iii) if a person has interest in lands in more than one village in a Mandal or in more than one Mandal in a District, he shall file his claim in Form I(A) in triplicate giving the particulars of all the lands in which an interest is claimed Mandal wise and village wise and where person has interest in lands in only one village, he shall append a certificate to the claim in Form I(A) that he does not have interest in lands in any other village in the District.
(c) declaring also his intention to hold an enquiry in respect of the above matter in the village on a date to be specified in the notice in this behalf not being earlier than twenty two days from the date of publication of the notice and calling upon all persons interested to appear before him at the said enquiry on the date so specified.
(2) The notice referred to in sub rule (1) shall be in Form II and shall be published in the District Gazette of the District in which the village is situate and also in the following manner namely:-
(a) by affixture in the chavidi or if there is no chavidi, in any other conspicuous place of the village.
(b) by affixture on the notice boards of the Gram Panchayat Office Primary Co operative Agricultural Credit Society or School, if any in the village.
(c) by beat of tom tom in the village;
(d) by affixture on the notice board of the office of the Mandal Revenue Officer having jurisdiction over the village; and
(e) by affixture on the notice board of the office of the Mandal Praja Parishad in which the village is situated.
Rule 6
(1) The Recording Authority shall arrange for the receipt of the statement of claims submitted in response to the notice referred to in Rule 5 and shall also arrange for acknowledging the statement of claim on the duplicate, triplicate copy of claims statement and shall, on the date specified in the notice in this behalf, proceed to and hold an inquiry in the village. A Register shall be maintained in the Form No.II A for the claims received in response to the notice in the Form No.II.
(2) During the enquiry referred to in sub rule (1) the Recording Authority shall: -
(a) receive further statements of claims in writing that may be submitted to him;
(b) hear any oral representation made in respect of any claim and make a summary record of such representation; and
(c) examine the relevant registers, records and accounts already maintained in respect of the lands in the village for the purpose of collection of land revenue or otherwise.
Rule 7
(1) The Recording Authority holding an enquiry under Rule 6 may, if he so thinks fit, adjourn the enquiry to a later date or dates.
(2) Every such adjourned enquiry shall be held in the village and the date or dates to which the enquiry is adjourned shall be announced in public by the Recording Authority himself at the time of adjournment on the day on which the enquiry could not be taken up or finished.
Rule 8
During the course of the enquiry referred to in Rule 6 above the Recording Authority may, if he considers it expedient:-
(a) summon the attendance of any person for the purpose of examining him;
(b) require any person to produce any document believed to be in his possession; and
(c) enter upon, inspect and measure or cause to measured any land.
Rule 9
(1)
(a) After due completion of enquiry, referred to in Rule 6 of the Recording Authority shall pass orders in respect of -
(i) all cases requiring change of Registry necessitated by the death of registered holder i.e., succession by heirship, if succession is not disputed. With regard to the entry of the names of the heirs, the names of the all the heirs entitled to shares in the property should be registered;
(ii) all cases requiring change of registry necessitated by sale, gift, etc., through registered documents, if there is no dispute. In all cases of absolute transfer of title, the Registry of a holding should be altered to correspond with the transfer of its ownership. Where the Registered holder is not a party to a registered transaction, the registered holder should be enquired. The Parties involved in a transfer should be connected by a complete chain of registered documents. Unregistered documents are not admissible as evidence in this enquiry to prove the ownership or title of their property. Where the chain is not complete, no transfer of registry shall be done. Such cases shall be referred to the Mandal Revenue Officer, for disposal after confirmation of the Record of Rights for the Village.
(iii) All cases requiring splitting of joint pattas which do not involve any dispute. Joint pattas held by a Hindu Joint family shall not be split up unless the family request for it in writing. The Recording Authority shall enquire the joint Pattadars and after enquiry, by order, determine the share of land of each pattadar in the joint holding. The shares of the land shall be sub divided in due course and the cost of sub division recovered from the pattadars in proportion of their shares. After the confirmation of the Records of Rights, a person excepting a Hindu joint family in a village shall have only one patta for all his lands in the Village as far as, it is practicable. Joint Patta cases in which there is a dispute shall be referred to the Mandal Revenue Officer after confirmation of the Records of Rights for the Village;
(iv) No order shall be passed for the change of Registry or splitting of joint pattas, unless the Recording Authority is satisfied that the change of Registry or splitting of joint patta is not in contravention of any of the provisions of:-
(1) The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act 1 of 1973)
(2) The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976)
(3) The Andhra Pradesh Assigned Land (Prohibition of Transfers) Act, 1977 (Act 9 of 1977)
(4) [ ]
(5) [ ]
(6) The Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959, (Regulation 1 of 1959);
(7) [ ]
(8) [ ]
(9) [ ]
(b) After due completion of enquiry referred to in Rule 6 the Recording Authority shall also pass orders for registering the names of claimants in respect of all cases of claims of, 3 [tenancy mortgage and occupancy where there is no dispute.
(c)
(i) All disputed cases of transfer of registry, splitting of joint Pattas, registering the names of Tenants, mortgagee and occupants shall be submitted by the Recording Authority after the confirmation of the Record of Rights to the Mandal Revenue Officer for disposal in due course.
(ii) In respect of case falling under Rule 9(1)(a)(i), the Mandal Revenue Officer shall hold a summary enquiry as to who has the right to succeed to the property of the deceased registered holder, according to the principles of the Law of Succession which govern the case and give notice to all persons known or believed to be interested to the effect that the registry will be made in the name of the person found to be entitled, unless a declaration is filed, within three months from the date of the notice, by any person objecting to the registry, stating that he has instituted a suit in a Civil Court to establish his superior title and an authenticated copy of the plaint in the suit is produced. If no declaration is filed, the registry should be made as stated in the notice, at the expiration of three months. If a declaration is filed, the result of the suit should be awaited before taking further action.
(iii) In respect of cases falling under Rule 9(1)(a)(ii) if the claim is not complete, the Mandal Revenue Officer can consider other evidence such as statements of respective ryots, kist receipts etc., and take a decision. One month s time shall be allowed for filing objections if any, and an enquiry be held in respect of the same. Thereupon, transfer of registry shall be ordered unless the objection is found to be valid.
(iv) No order shall be passed by the Mandal Revenue Officer for the change of registry, splitting of joint patta, Recording the name of Tenants and Mortgagees in possession, unless he is satisfied that the change so ordered is not in contravention of any of the provisions of the Act referred to in Rules 9(1)(a)(iv) [ ]
(2) After the passing of the orders under sub rule (1)(a) or (1)(b), the Recording authority shall prepare or cause to be prepared a draft Record of Rights Draft Record of Rights made upto date in land in the village in Form I and such draft Record of Rights shall be kept in the custody of Village Assistant in the Office.
Rule 10
(1) The Recording Authority shall thereafter cause to be published a notice to the effect:-
(a)
(i) that the draft Record of Rights has been prepared for the village for the first time; or
(ii) that the draft Record of Rights made upto date has been prepared for the village;
(b) that the said record has been kept in the custody of the village assistant of the village that it may be inspected at all reasonable time by any person [ ]
(c) that all persons claiming to rectify any omission or error in the said record should furnish a statement in writing relating to their claims on or before a date to be specified in the notice in this behalf not later than fifteen days from the date of publication thereof; and
(d) declaring his intention to hold a grama sabha to read out the draft Record of Rights or draft Record of Rights made upto date on a date to be specified in the notice in this behalf not later than twenty two days from the date of publication thereof and calling upon all residents of the village to attend the grama sabha and make claims and objections.
(e) declaring his intention to hold an inquiry, into claims and objections received under Clauses (c) and (d) above at the village on a date to be specified in the notice in this behalf not later than forty days from the date of publication thereof and calling upon all persons interested to appear before him at such enquiry.
(2) The notice referred to in sub rule (1) above, shall be in Form III and shall be published in the manner specified in sub rules (a) to (e) of sub rule (2) of Rule 5.
(3) any oral claims and objections received at the grama sabha shall be reduced to writing by the Recording Authority and the same shall be considered at the proposed enquiry.
(4) All claims and objections to the entries in the draft Record of Rights published shall be submitted in duplicate in Form III S(A). The receipt of the claim objection shall be acknowledged in the duplicate copy. A register shall be maintained in Form III B for the claims and objections received in Form III A in response to the notice in Form III.
Rule 11
(1) The Recording Authority shall receive the statement submitted in respect of any claim of rectification of error or omission in the draft Record of Rights or draft Record of Rights made upto date published and shall arrange for immediate sub division work whenever felt necessary, before the date specified for enquiry. He shall proceed to the village on the dates specified in the notice and hold an enquiry into all the claims received.
(2) The provisions of Rules 7 and 8 shall apply to the enquiry referred to in sub rule (1) above.
(3) On the completion of the enquiry, the Recording Authority shall determine whether or not the draft Record of Rights required to be altered in the consequence of any such claim for rectification of an error or omission in the said record and make a summary order accordingly.
Provided that no such order altering the draft Record of Rights shall be made adversely affecting the rights of any person whose name has been entered in the draft Record of Rights is having an interest in the land in respect of the entry relating to which the alteration is proposed without giving a reasonable opportunity of making a representation in this behalf.
(4) The Recording Authority shall not pass any order under sub rule (3) above without obtaining the orders of the Special Deputy Tahsildar appointed for the purpose of the Mandal Revenue Officer concerned.
(5) The orders referred to in the above sub rules shall not be in contravention of any of the provisions of the Act referred to in Rules 9(1)(a)(iv) [ ]
Rule 12
(1) If, at any time, before the completion of the enquiry referred to in Rule 11 above, the Recording Authority has reasons to believe that any entry made in the draft Record of Rights requires to be altered in any manner he may make such alteration:
Provided that no such alteration shall be made without giving any person whose name is entered in the draft Record of Rights as having any interest in the land in respect of the entry relating to which the alteration is proposed of making a representation in that behalf.
(2) Recording authority shall pass orders under the sub rule (1) above only after obtaining the orders of the Special Deputy Tahsildar appointed for the purpose, or the Mandal Revenue Officer concerned.
(3) The orders referred to in the above sub rules shall not be in contravention of any of the provisions of the Act referred to in Rules 9(1)(a)(iv) [ ]
Rule 13
(1) After the completion of enquiry referred to in Rule 11 above, the Recording Authority shall confirm the draft Record of Rights in the village or the Record of Rights brought up to date subject to the alterations if any made in pursuance of the orders passed in Rule 11 or Rule 12, and the draft Record of Rights or the Record of Rights made up to date so confirmed shall be the record of rights in lands in the village.
(2) The Mandal Revenue Officer, the Revenue Divisional Officer, the Deputy Collector (Record of Rights) the District Revenue Officer the Collector of the District, and any officer designated by the Collector for this purpose in exercise of their general powers of supervision, shall be competent, suo motu , to test and revise the entries in the confirmed Record of Rights provided that no revision shall be made without giving any person whose name is entered in the Record of Rights, as having any interest in the land in respect of the entry relating to which the alteration is proposed of making a representation in that behalf. Before making any revision an Officer shall obtain the approval of his immediate superior officer, if the entry, in the Record of Rights was made or confirmed by an Officer of the same rank.
(3) Whenever revision is made under sub rule (2) above, corresponding change will be made in the pass books issued, under the attestation of the Mandal Revenue Officer.
Rule 14
(1) The fact of completion of the preparation of the Record of Rights for the first time or the fact of completion of the Record of Rights made up to date in any village shall be notified in the Andhra Pradesh Gazette or the District Gazette as in Form No.IV.
(2) The notification referred to in sub rule (1) shall also be published in the manner specified in sub rule (2) of Rule 5.
(3) Within fifteen days of the confirmation of the Record of Rights prepared for the first time or the Record of Rights made up to date, the Recording Authority shall hold a Gram Sabha at which confirmed Record of Rights shall be read out for the information of those present.
(4) The new sub divisions, as shown in the confirmed Record of Rights shall be measured and mapped in the concerned records as per the procedure laid down and the fee shall be recoverable from the concerned ryots as arrears of land revenue. The extent noted in respect of each part of survey number of each sub division on the Record of Rights Register, shall be subject to correction, wherever necessary after the completion of measurement of the new sub division.
Rule 14A
(1) After the publication of the notification in Form IV, the Mandal Revenue Officer shall arrange to recast the information in Form I into Form I B and authenticate the entries in respect of each person. If for any reason the confirmation of the Record of Rights in any village under sub rule (1) of Rule 13 or the issue of notification as in Form IV, in respect of any village is held up, then the Collector may, by a special Order, authorise the Mandal Revenue Officer in whose jurisdiction the village is situated to get the register in Form I B prepared for the village excluding the Survey numbers sub division numbers for which claims in Form III A are received. The register in Form B so prepared, shall be test checked and shall also be read out in a Grama Sabha; the entries in the register shall be authenticated by the Mandal Revenue Officer.
(2) After the preparation of the register in Form 1 B, the Mandal Revenue Officer shall arrange to get the title deeds and Pass Books prepared with reference to the entries in Form 1 B and deliver the same to the persons concerned in a gram sabha convened with a previous notice in Form IV A of atleast seven days. The notice shall be published as per clauses (a) to (e) of sub rule (2) of Rule 5.
(3) On receipt of an application from any person for a title deeds and pass book for any land in any capacity such as pattadar, owner, mortgagee, tenant etc. the Mandal Revenue Officer shall cause an enquiry to be made whether the applicant s name is recorded in the Register of Record of Rights in land, prepared in Form 1 and Form 1 B and if he is satisfied that the applicant is eligible will issue to him a title deed and pass book. If the applicant is not eligible for a pass book, the Mandal Revenue Officer shall inform the decision to him.
Rule 15 Rectification of Entries in Record of Rights
(1) Every application for the rectification of an entry in a Record of Rights made under sub section (3) of Section 3 of the Act shall be to the Mandal Revenue Officer of the Mandal in which the village is situated.
(2) Every application made under sub rule (1) above, shall be accompanied by a certified copy of the entry from the Record of Rights which is sought to be rectified and the grounds for such rectification.
(3) The Mandal Revenue Officer, may within a period of one year as provided in sub section (3) of Section 3 of the Act on his own accord initiate proceedings for correction of any mistake in the Record of Rights which he discovers himself or which is reported to him by any other Revenue Officer.
Rule 16
(1) On receipt of an application for the rectification under Rule 15, read with sub section (3) of Section 3 of the Act, within a period of one year from the date of notification of the record of rights prepared for the first time or Record of Rights made upto date in the village under sub section (2) of Section 3 of the Act, the Officer referred to in Rule 15 shall hold an enquiry after giving notice thereof to:-
(a) the person making the application;
(b) any person referred to in the application as having right interest or as not having such right or interest in the lands to which the entry relates;
(c) any person whose name has been entered in the Record of Rights as having interest in the land; and
(d) any other person known or believed to be having an interest in the land to which the entry relates.
(2) The notice referred to in sub rule (1) shall be in Form V.
Rule 17
(1) During the enquiry referred to in Rule 16 above, the said Officer shall take into account any written representation received or any oral representation made by any person referred to in Rule 16, or any other persons having interest the matter and may:-
(a) summon the attendance of any person for the purpose of examining him;
(b) require any person to produce any document; or
(c) enter upon, inspect and measure or cause to be measured any land.
(2) On the completion of the enquiry referred to in Rule 16, the said officer shall give his decision on the application for rectification of an entry and direct such rectification of the Record of Rights as may be required in accordance with such decision to be made. The decision shall be intimated to all the persons referred to in sub rule (1) of Rule 16.
(3) All applications for the rectification of an entry shall be disposed of by the Mandal Revenue Officer, within a period of 90 days from the date of filing an application.
(4) The orders referred to in the above sub rules shall not be in contravention of any of the provisions of the Act referred to in Rule 9(1)(iv) [ ]
Rule 18 Maintenance of Record of Rights
(1) Maintenance of Record of Rights includes
(a) Correction of entries in pursuance of orders passed under Rule 17 above; and
(b) Incorporation of all mutations in the respective entries in pursuance of orders passed under Section 5 of the Act.
(2) The intimation of acquisition of rights under Section 4 of the Act by any individual shall be in Form VI A. The intimation by the Registration Officer of the Registration Department in Form VI B shall be within a week of the date of registration. The acknowledgment to the individual shall be in Form VI(c) and the Registration Officer on a copy of the intimation itself by signature and seal of the Mandal Revenue Officer.
(3)
(a) The Mandal Revenue Officer shall maintain for every village a separate Register containing the abstract of the intimation received under Section 4 of the Act. The orders passed under sub sections (3) and (5) of Section 5 of the Act, either making an amendment or refusing to make such an amendment shall be maintained in Form VII.
(b) before any order is passed by the Recording Authority either making an amendment in the Records of Rights or refusing to make such an amendment, the procedure prescribed in Section 5 of the Act shall be followed.
(c) Orders on all intimations shall be passed within a period of six months from the date of receipt of an intimation. (4) Discharging letters from the credit agencies shall be acknowledged by the Mandal Revenue Officer and treated as intimation of acquisition loss of right under Section 4, if it contains all details prescribed in Form VI A.
Rule 19
(1) The notice referred to in sub section (3) of Section 5 of the Act shall be in Form VIII.
(2) such notice together with a copy of the amendment shall also be published in the manner specified in clause (a) to (e) of sub rule (2) of Rule 5.
Rule 20
(1) During the enquiry referred to in sub section (3) of Section 5 of the Act the Mandal Revenue Officer shall take into account the representations or objections written or oral made in this behalf by the persons referred to therein to whom the notice has been given or by any other person interested in the matter and may, if he considers necessary
(a) summon the attendance of any person for the purpose of examining him;
(b) require the production of any document; or
(c) enter upon, inspect and measure or cause to be measured any land.
(2) In taking a decision on the intimation of acquisition of right. The Mandal Revenue Officer shall be guided by the principles procedures laid down in Rule 9 above.
Rule 21
(1) An appeal against every order of the Mandal Revenue Officer either making an amendment in the Record of Rights or refusing to make such amendment shall lie under sub section (5) of Section 5 of the Act, to the Revenue Divisional Officer sub Collector Assistant Collector or such authority as may be notified by the Commissioner.
(2) Every appeal referred to in sub rule (1) shall be in writing and shall set forth concisely the grounds thereof within a period of sixty days from the date of communication of the order and shall be accompanied by a copy of the order appealed against.
(3) Every appeal referred to in sub rule (2) above, shall bear a court fee stamp of rupees five only.
Rule 22 Regularisation of certain alienations or transfers of land
(1) The Mandal Revenue Officer shall issue a general Notification in Form No.IX, calling for applications from the persons who are recorded as occupants in Adangal Pahani Patrika or in Record of Rights prepared earlier by virtue of an alienation or transfer made or effected otherwise than by registered document for declaring such alienation as valid. Such notification shall be published in the District Gazette which the village is situated and also in the following manner, namely:
(i) by affixture in the chavadi or if there is no chavadi, in any other conspicuous place of the village;
(ii) by affixture on the notice boards at the Gram Panchayat office, Primary Agricultural Co operative Society and school if any;
(iii) by beat of tom tom in the village;
(iv) by affixture on the notice board of the Mandal Revenue Officer having jurisdiction over the village; and
(v) by affixture on the notice board of office of the Mandal Praja Parishad in which the village is situated.
(2) The alienee or transferee shall file application in Form No.X on or before 29-2-1996 on the notification issued under sub rule (1) to the Mandal Revenue Officer, provided the alienation or transfer took place before 31-7-1989.
(3) On receipt of the application under sub section (2) of Section 5 A of the Act, the Mandal Revenue Officer shall issue notice to the alienor or transferor in Form No.XI specifying therein the date on which and the time at which he proposes to enquire into the application. He shall also cause to issue a notice in Form No.XII to all other persons believed to be interested in the land specifying therein, date, time and place at which he proposes to enquire into the application. Only un registered documents shall be considered under Section 5 A of the Act.
(4) On the day so appointed or any other day to which the enquiry may be adjourned by him, shall, the Mandal Revenue Officer after hearing the parties and on examining their documents and witnesses, if any, and after taking such further evidence as he may consider necessary to satisfy himself that the alienation or transfer is not in contravention of any the provisions of the Acts referred to in rule 9(i)(a)(iv) complete the enquiry.
(5)
(i) After completion of the enquiry under sub rule (4) above, the Mandal Revenue Officer shall require the alienee or the transferee under Section 5(A) of the Act, to deposit through a challan in the treasury an amount equal to the registration fees and stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Indian Registration Act, 1908 as fixed by the registering officer on a reference made to him by the Mandal Revenue Officer in Form No.XIII A, on the basis of the value of the property arrived, within the time fixed by the Mandal Revenue Officer, not exceeding one month from the date of the communication and receipt of the order:
Provided that in case the Mandal Revenue Officer considers it expedient he may grant further extension of time:-
(ii) On the deposit of the amounts through a challan in the treasury as under Clause (i), the Mandal Revenue Officer shall issue a certificate in Form No.XIII B as required under sub section (4) of Section 5 A of the Act to the alienee or the transferee declaring that alienation or transfer is valid from the date of issue of certificate.
(iii) A copy of every such certificate shall be communicated in Form XIII C by the Mandal Revenue Officer to the Sub Registrar having jurisdiction over the area in which the land in respect of which the Certificate has been granted is situate and the Sub Registrar shall file the certificate in the relevant registration records and index them after ensuring collection or registration fee and stamp duty from the party under Clause (i).
(6) The Recording Authority shall on production of the certificate issued under sub section (4) of Section 5 A of the Act make an entry in the Record of Rights in Forms 1 and 1B to the effect that the person whose name has been recorded as an occupant is the owner of the property from the date of the issue of the said certificate. The Recording Authority and the Mandal Revenue Officer shall make necessary entries in the Record of Rights in land in Forms 1 and 1B under proper attestation and referencing to files of the Mandal Revenue Officer.
(7) Thereafter a title deed and pass book shall be issued to the occupant in the category of owner Pattadar.
Rule 22A
(1) An Appeal against every order of the Mandal Revenue Officer under sub section (4) of Section 5 A of the Act shall lie to the Revenue Divisional Officer Sub Collector Assistant Collector.
(2) Every appeal referred to in sub rule (1) shall be in writing and shall set forth concisely the grounds thereof within a period of sixty days, from the date of communication of order and shall be accompanied by a copy of the order appealed against.
(3) Every appeal referred to in sub rule (1) above shall bear a court fee stamp of rupees five only.
(4) Every appeal shall be disposed of within a period of six months from the date of filing the appeal.
Rule 23
(1) Every revision shall be in writing and set forth concisely the grounds thereof and shall be accompanied by a copy of the order or proceeding against which revision is sought. The revision petition shall bear a court fee stamp of rupees five only.
(2) In case, a suo motu revision is initiated, the grounds on which the revision is initiated shall be communicated to the person or persons likely to be adversely affected.
(3) In case it appears to the Collector on examination that any such record, order or proceeding should be amended, modified, annulled, reversed or remitted for reconsideration, the Collector may pass orders accordingly, after giving sufficient opportunity to the party or parties likely to be adversely affected to make written or oral representation before issue of orders.
(4) The orders under revision shall be final and there shall be no further review by the Collector.
Rule 24
Custody and inspection of the Record of Rights and furnishing copies thereof and extracts therefrom:-
(1) The record of rights in Forms 1 and 1B shall be prepared in triplicate. Two copies have to be kept in the Revenue Mandal Office, one of which is to be kept in the personal custody of the Mandal Revenue Officer. The third copy should be kept in the custody of the Village Assistant of the village.
(2) The Record of Rights shall be open for inspection of the public free of charge during office hours on all working days.
Rule 25
(1) The fees payable for granting certified copies or certified extracts from the record of rights shall be as follows: Fees for every copy of the extract given for a survey number or sub division Rs.2 (Rupees two only).
(2) The fees referred to in sub rule (1) above, shall be in the shape of court fee stamp.
(3) Every application for copies extracts shall be made to the Village Assistant Mandal Revenue Officer.
(4) Every copy or extract from the Record of Rights shall be attested by the Mandal Revenue Officer.
Rule 26 Pattadar Pass Book
(1) With reference to Form 1 B prepared under Rule 14 A, title deeds and pass books shall be prepared taking a village as an Unit.
(2) The title deed shall be prepared only in respect of Pattadar owners and it shall have the same evidentiary value with regard to the title for the purpose of creation of equitable mortgage under the provisions of the Transfer of Property Act, 1882 as a registered document registered by a Registrar of Assurances. Where a pattadar has a registered conveyance deed with him, he shall file it alongwith the title deed with the credit agency for creating an equitable mortgage.
(3) The Pattadar Pass Books shall be given to the owner Pattadars, tenants, mortgages and occupants of Inam lands. The entries in the pass book shall be treated as sufficient evidence to grant loans without insisting on the production of copies of village revenue records, namely; adangal Pahani and Account No.4.
(4) The format of the title deed shall be as in Form XIV A. The format of the pass book for pattadar owners shall be in Form XIV B. The format of the pass book for tenants and mortgages shall be in Form XIV C and the format of the pass book for occupants of Inam lands shall be in Form XIV D.
(5) The title deed and pass books shall be issued in Telugu. Every entry in the title deed and pass book shall be presumed to be correct and true unless the contrary is proved. While the title deed establishes the ownership of the pattadar owner, the pass book shall be the record of title in respect of an owner and rights and interests in land in respect of others.
(6) A title deed or pass book shall be given only to those persons who are in actual possession of the land.
(7) Pattadar owners shall be given in addition to title deed in Form XIV A, a pass book in Form XIV B.
(8) The title deed and pattadar pass book may contain such other details and proformae to be prescribed from time to time by the Commissioner.
(9) There shall be a photograph of the pattadar owner on the title deed. Similarly there shall be a photograph of the pass book holder on the pass book. The photograph is for the purpose of identification by the Government and the credit agencies. The photograph shall be attested and sealed by the Mandal Revenue Officer. Every person to whom a title deed pass book is to be issued either on an application or suo motu shall furnish 4 copies of his photo to the Mandal Revenue Officer. One or two copies shall be affixed on the title deed pass book, one copy shall be pasted in Form 1 B at the appropriate place and the remaining copy copies shall be filed in the file. The Divisional Officer should attest front page of the Title Deed with date and office seal besides embossing the photo on the right corner.
(10) Acknowledgments for issue of title deed pass book shall be taken in a register from all persons to whom title deeds pass books are given. The register shall be maintained in Form XVII.
(11) A Xerox copy of field Measurement Book Tippon may be attached to the title Deed Pass Book for easy identification of the land.
(12) The title deed Pass Book shall be issued to the ryots at the rate to be fixed by the Commissioner.
(13) The title deed Pass Book holder shall be liable to produce the said title deed Pass Book before the Mandal Revenue Officer periodically for making entries upto date.
(14) After computerisation of Record of Rights for categorising person as a small or marginal farmer, all his holdings in the District State will be taken into consideration.
Rule 27
(1) The registering authority while issuing an intimation under Rule 18 of the rules shall obtain a declaration from a landless person including a tenant, mortgagee or occupant in inam land who do not possess a title deed and pattadar pass book in Form No.XV.
(2) Full details of the purchaser and the purchase transaction shall be prepared and signed by the registering authority in Form No.VI B in triplicate, one copy to be retained with registering authority, second copy shall be sent to Mandal Revenue Officer concerned, and the third copy to the Recording Authority. The Mandal Revenue Officer shall maintain a register of intimations received in Form XVI.
(3) On receipt of the Form VI B, the Mandal Revenue Officer shall verify the Record of Rights in Form I and I B and thereafter issue a title deed and Pattadar Pass Book to the purchaser after getting the sale transaction duly certified by the Registering Authority on the title deed. The Mandal Revenue Officer shall make necessary changes in the Record of Rights under proper attestation.
(4) Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received from court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of Rights and Pattadar Pass Books, the Mandal Revenue Officer shall incorporate changes in the Record of Rights and Pattadar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the Court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the Record of Rights and Pattadar Pass Books. If the decree is received or produced by or before a Registration Officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Officer for necessary action.
(5) In respect of cases covered by Section 58 B of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli, the Mandal Revenue Officer or Recording Authority should refer the court decree to the Collector and the Collector shall decide for its execution and communicate orders to the Mandal Revenue Officer Recording Authority, for its implementation.
Rule 28 Miscellaneous
Every Recording Authority, Appellate Authority or other Officer holding an enquiry under the Act shall have, in addition to the powers referred to in clauses (a) and (b) of Section 10 of the Act the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 when trying a suit for the purpose of entering upon and inspecting any land or taking or cause to take measurements thereof.
Rule 29
The service of any notice, the intimation of any decision and the communication of any order under the provisions of the Act or these rules shall be effected by giving or tendering a copy of such notice, intimation or order to the person concerned or an adult member of his family or where this is not practicable by sending it to him under certificate of posting.
Rule 30
As and when the Record of Rights are prepared or brought upto date or rectified or maintained, such entry shall be brought into the village records.
Rule 31
(1) Any person who loses a Pass Book issued to him can apply to the Mandal Revenue Officer along with his photograph. The Mandal Revenue Officer after collecting the fee prescribed under sub rule (12) of Rules 26, shall issue a duplicate pass book, under acknowledgment, duly endorsing on the 1st page of the Pass Book that it is a duplicate copy. The issue of a duplicate Pass Book shall be noted in Form I B. In case a duplicate Pass Book is sought to replace a multilated Pass Book, the mutilated Pass Book shall be surrendered to the Mandal Revenue Officer for cancellation destruction.
(2)
(a) as soon as the title deed holder losses the title deed, he shall notify about the loss of the same to the Police and to the credit agencies in writing and ask the credit agencies not to deal with the lost title deed. He shall also intimate the Revenue Divisional Officer about the loss and furnish the copies of his letters addressed to police and credit agency.
(b) The title deed holders shall publish in the news papers a notice about the loss of his title deed and request public at large including credit agencies not to deal with the lost title deed. A copy of the news paper publication shall be filed along with the intimation to the Revenue Divisional Officer.
(c) For getting a duplicate title deed, the title deed holder shall execute an indemnity bond to indemnify the Government and the credit agencies upto one year from the date of intimation of the loss, from any losses that may arise from the use of lost original title deed by any unauthorised person.
(d) After satisfying that the above conditions are complied with, the Revenue Divisional Officer, may issue a duplicate title deed duly endorsing on the 1st page of the title deed that it is a duplicate copy. The issue of a duplicate shall be noted in form I B.
(e) To check frivolous application for duplicate title deeds the fee for issuing a duplicate shall be Rs.1,000 (Rupees One thousand only).
(f) In case duplicate title deed is sought to be replaced by a mutilated title deed, the mutilated title deed shall be surrendered by the title deed holder to the Revenue Divisional Officer. The Revenue Divisional Officer shall obtain the Collector s permission before issuing a duplicate. He shall destroy the mutilated title deed in the presence of the title deed holder after issuing a duplicate. The fact of destroying the old title deed shall be mentioned in Form I B. In case of replacement, the fee for issuing a duplicate shall be Rs.100 (Rupees One Hundred only).
Rule 32
Every person proceeding under Section 8(2) of the Act shall intimate to the Mandal Revenue Officer concerned the particulars of the suit. The Mandal Revenue Officer shall enter the details of the suit in a register in Form XVIII. On the disposal of the suit, the Party shall communicate a copy of the order on the suit into the Mandal Revenue Officer who shall enter the details in the register in Form XVIII. The register in Form XVIII shall be open for inspection, and the certified extracts of the same shall be granted.
Rule 33
The Commissioner, Survey Settlements and Land Records may from time to time issue such orders and instructions as may be necessary for the purpose of explaining these rules, and to implement the provisions of the Act and the Rules made thereunder properly.
APPENDIX 1 Form of Record of Rights
FORM ( See Rule 3 and 9 )
FORM - 1 Name of the District :
( See Rule 3 and 9 ) Name of the Division :
Form of Record of Rights Name of the Mandal :
Name of the Revenue Village :
Particulars of owners and occupants
Owners Tenants Sl. No. Survey No./Sub-divisionNo. TotalExtent Classification Land Revenueassessment Patta No.(or)khatha No. Name of thePattadar with father/husband'sname Name of ownerwith father/husband's name Extent held by the owner out of the area shownin Coumn 3 How acquiredinheritance/successionsurvivorshippurchase others Name of the tenantwith father's/husband's name underthe owner mentionedin Column 8 Extent held by thetenant under theowner in Column 8, Whether aprotected tenant Rent payment tothe owner inColumn 8 Name (s) of occupants with father's/husband's name Extent held by each occupant Nature of his interest/occupation Name of themortgagor withfather's/husband'sname Name of themortgagee withfather's/husband'sname Extent Amount date & otherparticulars of mortgagewhether 1st mortgageor subsequent mortgage Whether withor withoutpossession Details of unregistered encumbrances if any No. of sub-divisions to be created Rate per acreas per basicvaluationRegister Details of Registeredencumbrances withdocument no. forpreceding 13 years Remarks & Signatureof Recording Authority with date Remarks of TestingOfficer with datesignature &designation (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28)
APPENDIX 1A Proforma for Filing claims
FORM [ See Rule 5(1)(b) ]
FORM I-A
[ See Rule 5(1)(b) ]
Proforma for Filing claims
Name of claimant and
his permanent address
Sl.No. Name ofMandal Name ofVillage Survey No./Sub-division No. Total extent Area in respectof which claimis made Nature of claim/interest owner,tenant, mortgagee, unregisteredencumbrances, if any other specify Proof in support of claimcopies of documents if anyto be closed (1) (2) (3) (4) (5) (6) (7) (8)
CERTIFICATE : The claimant should certify that he has given a complete list of his interest in land in the entire District.
APPENDIX 1B FORM
FORM [ See Rule 14-A ]
FORM 1-B
[ See Rule 14-A ]
Sl.No. Name of the Pattadar/tenant/mortgagee/ [occupant of Inam land] to be givenpass book withfather's/husband'sname and address Patta or KhataNos. now heldby him S.No./Sub-Division Nos. included inthe Pattas Khatas ClassificationW.D. L.D. Area A.C. A.G. Assessmentincluding cesses How acquired bythe pattadar,InheritanceSurvivorship, succession,purchase, others How cultivated,Pattadar, Tenant,Mortageee/ [Occupantof Inam Land] Name of tenant/mortgagee/[Occupant of InamLand]/pattadar ifapplicable withS.Nos. in this regr. Details ofunregisteredencumbrances Rate per acreas per basic valuation Regr. Details of Registeredencumbrances with document No. forpreceding 13 years New Patta No.or Khata No. given (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
APPENDIX 2 Common Notice under Rule 5(1)(a)(i) and 5(1)(a)(ii)
FORM
(Strike out matter which is not relevant)
FORM - 2
Common Notice under Rule 5(1)(a)(i) and 5(1)(a)(ii)
(Strike out matter which is not relevant)
Whereas the Andhra Pradesh [Rights in Land] and Pattadar Pass Books (Amendment) Act, 1989 came into force in the area in which the village ................................................... (Name of the village) ................................................ (Name of the Mandal) ........................................... (Name of the District) is situated (hereinafter to as the said village).
Now, therefore under Rule 5 of the Andhra Pradesh [Rights in Land] and Pattadar Pass Books Rules, 1989.
The undersigned hereby ....................................................................................
(a) declares his intention of preparing the rights in the lands in the said village for the time or declare his intention to update the rights in the lands in the said village on the notification of the Commission or
(b) calls upon all the persons claiming any interest in any land in the said village to furnish to the undersigned a statement in writing in Form I A showing (i) the particulars of the lands in which an interest is claimed and (ii) the nature of such interest or on before .................... (the date to be specified not being earlier than fifteen days from the date of the publication of the Notice); and
(c) declares his intention of holding an enquiry in respect of the above matter in the said village on ..................................... (the date to be specified not being earlier than twenty two days from Date of publication of the Notice and calls upon all person interested to appear before him at the said inquiry on the said date.
Seal of Signature ......................
Recording Authority Recording Authority.
APPENDIX 2A Register showing the Claims Received in Response to Notice No.II
FORM See Rule 6(1)
FORM - 2A
See Rule 6(1)
Register showing the Claims Received in Response to Notice No.II
Sl.No. Name of theVillage Name of thepetitioner withfather's/husband'sname Date ofreceipt ofclaim Claim inrespect ofSurvey No.Sub-divisionNo. Extent of Survey No./Sub-divisionNo. Extent forwhich claimis made Nature ofclaim Date of enquiry Result ofenquiry in brief Remarks of theRecording Authority (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
APPENDIX 3 FORM
FORM
See Rule 10(2)
FORM - 3
See Rule 10(2)
1. Whereas a draft Rights draft rights made upto date has been prepared for the village ................................................ (Name of the District).
2. Whereas such a draft rights has been kept open in the custody of the village assistant of the said village for inspection at all reasonable times by any person claiming any interest in the lands in the village or whereas an updated draft Rights has been kept open in the custody of the Village Assistant of the said village for inspection at all reasonable times by any person claiming any interest in the lands in the said village.
3. Now, therefore under Rule 10 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989.
4. The undersigned hereby requires.
(i) all persons claiming any omission or error in the said draft record to furnish to the undersigned a statement in writing in Form I A of their claims on or before ................. (the date to be specified not later than fifteen days from the date of publication of the notice).
(ii) all residents of the village to attend a gram sabha at the village on .................. (the date to be specified not later than twenty two days from the publication of the notice) to make, if necessary, claim and rejections to the entire in the draft Rights draft Rights made up date; and
(iii) declares his intention to hold an enquiry into such claims at the village on .......................................... (the date to be specified not later than forty days from the date of publication of the notice) and calling upon all persons interested to appear before him at the said enquiries on the said date.
Recording Authority.
APPENDIX 3A FORM
FORM]
See Rule 10(4)
FORM - 3A
See Rule 10(4)
Name of the Claimant :
Address of the Claimant :
Sl.No. Name of the village Sl.No. of sub division No.for which claim is filed Details of claim Reasons for the claim orreasons for the new entry Column in Form-I DraftROR which needsrectification Existing entry, New entry tobe made (1) (2) (3) 4(A) 4(B) 4(C) (5)
APPENDIX 3B Register showing the details of claims in Form III A received in response to the notice in Form III claiming omissions or errors in the Draft Record of Rights
FORM See Rule 10(4)
FORM - 3B
See Rule 10(4)
Register showing the details of claims in Form III A received in response to the notice in Form III claiming omissions or errors in the Draft Record of Rights
Sl.No. Name of thevillage Name of the Petitioner withfather/ husband's name Date of receipt of claim in Form III-A Survey No./Sub-Division No.for which claimis filed Details of claimColumns of Form No.1(Draft ROR which are sought to be corrected Existingentry New entry to be made Reasons put forthby the claimantseeking corrections Date of entry Decision of theRecording Authority Remarks (1) (2) (3) (4) 5(A) 5(B) 5(C) 5(D) (6) (7) (8) (9)
APPENDIX 4 Notification of Completion of First Preparation of Updating of Rights
[ See Rule 14(1) and Section 3(2) ]
FORM - 4
[ See Rule 14(1) and Section 3(2) ]
Notification of Completion of First Preparation of Updating of Rights
Under sub section (2) of Section 3 of the Andhra Pradesh [Rights in Land] and Pattadar Pass Books Act, 1971, it is hereby notified that the preparation of the Rights updating of the Rights referred to in sub section (1) of the said section has been completed in respect of the lands in the village of ..................................... (Name of the village) ......................... (Name of the Mandal) ........................................ (Name of the District).
Seal ........................................
Recording Authority.
APPENDIX 4A Notice for Distribution of Pattadar Pass Books
FORM [ See Rule 14 A (2) ]
FORM - 4(A)
[ See Rule 14 A (2) ]
Notice for Distribution of Pattadar Pass Books
It is hereby notified that the Patadar Pass Books have been prepared with reference to the entries in Form I B as required under sub rule (2) of Rule 14 A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989 in respect of ....................................... Village ................................................. Mandal .................................. District and the same will be delivered to the concerned persons in a Gram Sabha on ................................. (date) ............................ at .................................. (time) at ............................. (Place) .......................... All the Pattadars Owners Tenants mortgagees [occupants in Inam Lands] eligible for a [title deed or Pass Book]are hereby required to attend the said Gram Sabha and receive the Pattadar Pass Books after payment of [the cost as prescribed by the Commissioner.]
Mandal Revenue Officer
.................................... Mandal
..................................... District
APPENDIX 5 Notice for Enquiry on Application for Rectification under Section 3(3) of the Act
FORM [ See Rule 16(2) and Section 3(3) ]
FORM - 5
[ See Rule 16(2) and Section 3(3) ]
Notice for Enquiry on Application for Rectification under Section 3(3) of the Act
Where as
(1) an application has been received for the rectification of the entry.
(2) it appears necessary to rectify the entry.
(3) ...................................... has reported that it is necessary to rectify the entry.
In the Rights of the Village ..................................... (Name of the village) ................... (Name of the Mandal) .............................. (Name of the district) in respect of the land described in the Schedule hereunder.
Now, therefore, under Rule 16 of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989 you are hereby required to .................................................
(a) furnish to the undersigned on or before ............................. (date not being later than fifteen days from the date of the service of the notice) ............................. a statement in writing containing any representations or objections in respect of the said application.
(b) to appear before the undersigned on ..................................... (being not less than twenty one days from the date of service of the notice) at ................................... (place) ................... (time) in connection with an enquiry proposed to be held in respect of the above matter.
Mandal Revenue Officer.
SCHEDULE
Survey No. Sub Division No. of the Brief purport of Rectification
land in the village to which the entry relates applied for.
APPENDIX 6A Intimation by any Person Regarding Acquisition of Rights
FORM [ See Rule 18 read with Section 4(1) of the Act]
FORM - 6(A)
[ See Rule 18 read with Section 4(1) of the Act]
Intimation by any Person Regarding Acquisition of Rights
To
The Recording Authority Mandal Revenue Officer,
.............................. Village ................................ Mandal.
I, ............................... son of ........................... resident of village ................................. in Mandal ......................... intimate to you the acquisition of the following property in the village of ........................ in ........................ Mandal ....................... in ................... district by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, as owner Pattadar, Mortgagee, Occupant or tenant of the Land Details are furnished below :-
District : Mandal : Village :
No. S.Nos. andSub-division Extent of land Details ofacquisition
Date : Signature of Intimator.
APPENDIX 6B (Prepare in triplicate)
FORM ( See Rule 18 )
FORM - 6(B)
( See Rule 18 )
(Prepare in triplicate)
From To
............................ The Mandal Revenue Officer
............................ Recording Authority.
Intimation by the Registration Officer registering a document relating to the transfer of land to the Mandal Revenue Officer ........................... copy marked to the Recording Authority ...................................................
(Form IV A to be signed in triplicate by the person and two copies to be sent to the Mandal Revenue Officer and Recording Authority with this form).
Under sub section (2) of Section 4 of the A.P. [Rights in Land] and Pattadar Pass Books Act, 1971; I, ................................................. Registering Officer ............................................. in ........................................................... village ................................... Mandal ............................... District intimate the acquisition of the following property by registering of a document by the following persons.
Details are as follows
Name of person acquiring the property
with father's name and address
2. Description of property acquired, with
details.
2. (a) How acquired succession, survivor-
ship, inheritance, partition, purchase,
mortgage, gift, lease or otherwise.
3. Details of Property :
S.No. and Sub Division No. Village Mandal District Details
4. Name and Address of the person regis-
tering and conveying property (if any)
(with details)
5. Register No. year and date of entry in
Registration Department
Signature of Regn. Officer
Regn.Department.
SEAL :
(A copy must be sent to the Recording Authority in the Mandal invariably). It is mandatory to send the intimation and obtain the acknowledgment to the Mandal Revenue Officer within a week of the date of registration).
APPENDIX 6(C) Acknowledgment by Recording Authority of ...................................... Mandal
FORM [ See Rule 18 ]
FORM - 6(C)
[ See Rule 18 ]
Acknowledgment by Recording Authority of
...................................... Mandal
Under Section 4 of the Andhra Pradesh [Rights in Land] and Pattadar Pass Book Act, 1971, the undersigned hereby acknowledge, the receipt of the intimation of the acquisition of rights from Sri ............................................ (Name of Person) son of ....................................................... (address) .......................................... in respect of the entry in the rights pertaining to Survey No. ................................. in the village of ............................... (Name of the Village) ........................ (Name of the Mandal) ........................................... (Name of the District).
Mandal Revenue Officer
District :
(Statement)
APPENDIX 7 Register of Amendments
FORM [ See Rule 18 (3) ]
FORM - 7
[ See Rule 18 (3) ]
Register of Amendments
District :
Mandal :
Village :
Fasli :
Sl.No. Survey No./ Sub-divisionNo. of the land, the entrypertaining to which isproposed to be amended Whether the amendmentis proposed undersub-section (1) orsub-section (2) ofSection 5 In the former case the name of the person fromwhom the intimation hasbeen received and thedate of its receipt Brief purport ofproposed amendment (1) (2) (3) (4) (5)
Sl.No. inForm - I Entry in Form - I Entry after amendment Reasons for the change A B C D Decision ofthe RecordingAuthroity Decision if any of the appellateor revisionalauthority If the final decisioninvolves an amendmentto the Rights the dateon which it wascarried out Remarks (1) (2) (3) (4)
APPENDIX 8 Notice
FORM [ See Rule 19(1) ]
FORM - 8
[ See Rule 19(1) ]
Notice
Whereas the undersigned has received an intimation of the fact of acquisition of a right as described in the schedule hereunder and it appears that an amendment has to be made in the Rights in consequence thereof ...............................
and / or
Whereas the Recording Authority has reason to believe that an acquisition of a right has taken place as described in the schedule hereunder and it appears that amendment has to be made in the Rights in consequence thereof.
Now, therefore, under sub section (3) of Section 5 of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.
All person interested or affected are hereby required to show cause on or before .................................. (date to be specified not being earlier than 30 days from the service publication of the notice) as to why the amendment should not be carried out.
You
.....................................................................................................................................................................
All persons interested or affected are also required to appear before the undersigned on .......................................... (date not earlier than forty five days from the service publication of the date of notice) at .................................. (Place) ....................... (time) in connection with the enquiry proposed to be held in respect of the above matter.
Recording Authority.
SCHEDULE
S.No. etc., of the entry relating Brief/purport of
to which is sought to be amended. proposed amendment.
APPENDIX 9 FORM
FORM No.
See Rule 22(1) read with Section 5-A
FORM No.9
See Rule 22(1) read with Section 5-A
Whereas the A.P. [Rights in Land] and Pattadar Pass Books Act, 1971 has come into force in the area in which the village ................................. (Name of the village) .............................. (Name of the Mandal) ............................. (Name of the Division) ........................................... (Name of the District) is situate (hereinafter referred to as the said village).
Now, therefore, under Rule (22)(1) of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989.
The undersigned hereby :-
(a) Calls upon all the persons claiming interest in any land in the said village recorded as an occupant in the Adangal Pahani Patrika or in the Rights by virtue of an alienation or transfer made or affected otherwise than by registered document, and the alienee or the transferee may within (15) days from the date of the publication of this notice apply to the undersigned for a certificate declaring that such alienation or transfer is valid in the form prescribed.
(b) As per the provision of Section 5-A of the A.P. [Rights in Land] and Pattadar Pass Books Act, 1971 the Mandal Revenue Officer after due enquiry and hearing will consider the issue of a certificate declaring such alienation or transfer is legal, on payment of registration fees and stamp duty as provided for in Section 5 A(2) of the A.P. [Rights in Land] and Pattadar Pass Books Act.
Signature
Revenue Officer.
APPENDIX 10 FORM
FORM
[ See Rule 22(2) ]
FORM - 10
[ See Rule 22(2) ]
To
The Mandal Revenue Officer,
............................... Mandal,
................................ District.
1. Name of the Applicant :
(i.e. alienee or transferee)
2. Father's Name :
3. Age, profession and place of residence :
and address
4. Name of the alienor or Transferor, with :
Father's name
5. Age, profession and Place of residence :
and Address
Sir,
I have acquired by alienation transfer the following lands from .................................. on .............................................. by an unregistered document dated .............................................. signed by Shri .......................................... S/o ................................... R/o
Mandal Village Survey No. Sub-divisionif any Extent Patta No.if any Classification Area Acquired Amount ofconsideration Remarks Wet Dry I.D. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
There are no amounts due to Government in respect of the land.
An amount of Rs. ...................... is due to the Government in respect of the land towards .............................. (here mention the item against which the amount is outstanding).
The alienation or transfer is not in contravention of the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and the Urban Land (Ceiling and Regulation) Act, 1976, the A.P. Scheduled Areas Land Transfer Regulation, 1959 and the A.P. Assigned Land (Prohibition of Transfer) Act, 1977.
I also enclose the following documents;
(Here give the list of documents) Name of the witnesses, if
any, should be stated here.
I request to issue a certificate under Section 5 A(4) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and Rule 22(5)(ii) of A.P. Rights in Land and Pattadar Pass Books Rules, 1989, declaring that the alienation transfer of the land is valid.
Your's faithfully,
Signature of the applicant.
I hereby declare that the facts stated above are true to the best of my knowledge and belief.
Place :
Dated : Signature of the applicant.
APPENDIX 11 FORM
FORM No.
See Rule 22(3)
FORM No.11
See Rule 22(3)
Notice is hereby given that the application filed before the undersigned under sub section (1) of Section 5 A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 by ........................ S/o ...................................... for validation of alienation Transfer of land bearing Survey No. ............. measuring ..................... acres, situated in .......................... Village .................... Mandal, will be taken up for consideration at ........................................... A.M. P.M. .............................. on ................... (day of the week) ......................... (date) as the time of hearing, you are to produce necessary oral and documentary evidence bearing on the alienation or transfer. If you fail to appear at the hearing the matter will be decided ex parte.
MANDAL REVENUE OFFICER
Date
To
.........................................
.........................................
.........................................
APPENDIX 12 FORM
FORM No.
See Rule 22(3)
FORM No.12
See Rule 22(3)
Notice is hereby given that the application filed by Sri ............................................ S/o ........................................ for validation of alienation transfer of land bearing No....................... Measuring ...................... acres, situated in the village of ....................... mandal ......................... before the undersigned, will be enquired into at ......................... A.M. P.M. ....................... (day of the week) ....................... (date) at ............................ (Place) under Section 5 A of the Act and Rule ......................................
Any person interested in the case should be present at the hearing and should produce necessary oral or documentary evidence bearing on the claims that he may have in this regard.
Date ....................... Mandal Revenue Officer.
APPENDIX 13(A) FORM
FORM
Under Section 5 A(2) and Rule 22 (5)(i)
FORM - 13(A)
Under Section 5 A(2) and Rule 22 (5)(i)
Office of the Mandal Revenue Officer,
.............................. Mandal
Whereas ......................................... (name) .................................... S/o .......................R/o ................................................... (address) who has applied for validation of sale Alienation under Section 5 A of the Act. The enquiry conducted under the rules prescribed reveals that Sri ......... S/o ................................... is found to be the purchaser of the land by an unregistered document in respect of the lands specified in the schedule below for the lands belonging to Sri ............. S/o ............................... under sub section (2) of Section 5 A of the A.P. Rights in Land and Pattadar Pass Book Act, 1971, the said alienee transferee is required to deposit the registration fee and stamp duty amounts in accordance with the provisions of the Indian Registration Act, 1908.
The Sub Registrar is therefore requested to fix up the value of the property and fix up the amount equal to registration fee and stamp duty under the law with reference to the date of the unregistered alienation and intimate to the undersigned within a month to enable him to get the amount deposited by the alienee transferee and issue validation certificate under Section 5 A of the Act and Rule 22(5)(ii).
Mandal Revenue Officer.
Schedule
To
Sub Registrar.
APPENDIX 13(B) FORM
FORM No.
Under Section 5 A (4) Rule 22(5)(ii)
FORM No. 13(B)
Under Section 5 A (4) Rule 22(5)(ii)
Office of the Revenue Officer,
Division ....................
District ....................
Whereas .............................. (Name) ................................ (Father's name) ............................ (address) applied for validation of sale alienation under Section 5-A of the Act. After completion of a due enquiry as prescribed under the law, Sri ........................... S/o ........................ is found to be the purchaser of the land by an unregistered document in Survey No. ........................ extent ................................ from Sri ........................ described in details in the Schedule and sketch attached, and whereas under the provisions of sub section (4) of Section 5-A of the A.P.
Rights in Land and Pattadar Pass Books Act, 1971, the said alienee transferee was required to deposit an amount .......................... towards registration fee and stamp duty in consultation with the Sub Registrar s office and he has deposited an amount of Rs. .................................. (in words) ........................ equal to the registration fee and stamp duty that would have been payable had the alienation transfer been effected by a Registered document in accordance with the provisions of the Indian Registration Act, 1908 towards alienation transfer. Therefore by virtue of the power vested in me under Section 5 A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, I order that the above alienation transfer described below as valid.
Schedule: Description and landed property rough sketch attached .................. if sketch is not available.
Signature:
Mandal Revenue Officer.
To
The person interested
Copy to the Recording Authority to take action of
Recording the occupant as owner under Section 5 A(5)
Copy to the Sub Registrar, concerned.
APPENDIX 13(C) FORM
FORM No.
(To be filled up by M.R.O. and attached to order in Form No.XIII B Rule
22(5)(iii)
FORM No.13(C)
(To be filled up by M.R.O. and attached to order in Form No.XIII B Rule 22(5)(iii)
1. Sl.No. & Year of the reference of M.R.O. :
Office : (for each calender year)
2. Number and date of the order of M.R.O. :
in which the transaction is validated
3. Name of S.R.O. to which the transaction :
relates
4. Name/s of the village/s where the :
property is situated
5. Description of the property effected :
S.No. extent in Matric measurements
with 4 boundaries;
(copy of the document to be enclosed)
6. Name/s of the transferor/s with full :
addresses
7. Name of the transferee/s with full :
addresses
8. Nature of the transaction
9. Date of execution of document
10. (i) Market value as per Basic Register
(ii) Consideration shown in the document
(for sale deeds only)
11. Amount collected towards
(i) Stamp Duty
(ii) Transfer Duty
(iii) Registration fee
12. Particulars of challan in which the amount is remitted into the Treasury (challan No. Date and Name of Treasury) (Copy of the challan to be enclosed).
Place : Signature of the Recording Authority.
Date : (M.R.O.) with date and seal.
APPENDIX 14 Government of Andhra Pradesh Pattadar Pass Book
FORM (See Rule 26)
FORM - 14
(See Rule 26)
Government of Andhra Pradesh
Pattadar Pass Book
Khata/Pass Part - I
Book No. Ownership Details
1. Name of the Pattadar with father's/ :
Husband's Name and Address
2. Whether SC or ST or BC [.......] :
3. Village in which lands are situated :
4. Revenue Mandal :
5. Revenue Division :
6. District : Photo of Pattadar
7. Original entries made as on : (It should be attested
by Mandal Revenue
Officer with seal)
Signature or thumb Signature of the Village Signature of Mandal
impression of Pattadar Administrative Officer Revenue Officer,
Office Seal & Date.
PART - I -- Details of land owned by Sri
Sl.No. Survey No.andSub-division Extent inA.C. A.G. ClassificationWet/DryIrrigatedDry How Acquired1. By inheritance(or)2. By purchase (or)3. Any othertransaction Details ofunregisteredencumbrancesif any, asper R.O.R. Signature of Mandal RevenueOfficer with Stamp Rate per acreas per basicvaluation Register Details of Regd.encumbrances, ifany with DOC No.etc. for thepreceding 13 years Signature ofSub-Registrarwith Stamp Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 1.2.3.4.5.
(LIKE THIS REQUIRED NUMBER OF SHEETS MAY BE ADDED) GOVERNMENT OF ANDHRA PRADESH PATTADAR PASS BOOK
(See Rule 26)
Pass Part - II
Book No. Owner-Cultivation
(Green)
1. Name of the Cultivator with father's/ :
Husband's Name and Address
2. Whether SC or ST or BC [.......] :
3. Village in which lands are situated :
4. Revenue Mandal :
5. Revenue Division :
6. District : Photo of Cultivator
7. Original entries made as on : (It should be attested
by Mandal Revenue
Officer with seal)
Signature or thumb Signature of the Village Signature of Mandal
impression of Cultivator Administrative Officer Revenue Officer,
Office Seal & Date.
I. Particulars of land personally cultivated and given to Tenants Mortgagees by Sri
Sl.No. Survey No.Sub-Division No. Classification Wet/Dry/IrrigatedDry Extent A.-C.A.-G. Assessmentincluding cessesRs. Ps. Nature ofenjoymentOwner/Tenant/Mortgagee Name of the tenant/Mortgageecultivating the ownedland/name of the pattadarwhose land is taken on tenanceif any on the land Signature ofMandal RevenueOfficer (or)Prescribed Officer Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) 1. 2. 3. 4. 5.
(LIKE THIS REQUIRED NUMBER OF SHEETS MAY BE ADDED)
II LAND REVENUE - D.C.B PARTICULARS
Demand Collections Balance Arrears at thebeginning of FASLI 13 Currentduring Total Date Arrears Current Total Receipt No.and Date Arrears Current Total Signature of VillageAssistants Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 1. 2. 3. 4. 5. 6.7.
(LIKE THIS REQUIRED NUMBER OF SHEETS MAY BE ADDED)
III. DETAILS OF LOANS
Name of the Borrower with Father's/ :
Husband's Name and Address and IRDP
Identification Number, If Any
1. Name of the Financial Institution :
2. Loan Account No. and Date :
3. Purpose of Loan :
4. Type of Loan (LT/MT/ST) :
5. Amount of Loan Sanctioned : Rs. :
6. Rate of Interest :
7. Particulars of security :
(Documents) Title Deeds etc. deposited
by loanees)
8. Repayment Schedule :
9. Details of subsidy Margin Money :
A. Subsidy (i) Agency :
(ii) Amount : Rs.
B. Margin Money (i) Agency :
(ii) Amount : Rs.
(iii) Particulars of repayment
Date Amount
10. Disbursement of Loan :
Date : Amount :
1.
2.
3.
4.
Signature of the Manager/
Competent Authority of Financial
Institution with seal
II. PARTICULARS OF REPAYMENT OF LOANS
Date Particulars Challan No. & date PRINCIPAL Date INTEREST Details of documenttitle deed etc. returned Signature ofBank Officials Debit Credit Balance Debit Credit Balance 1.2.3.4.5.6.
(LIKE THIS REQUIRED NUMBER OF SHEETS MAY BE ADDED)
PARTICULARS OF SANCTION, DISBURSAL AND
REPAYMENT OF S.A.O. LOANS
Sl.No. Year Date of sanctionof loan Amount of loansanctioned Date ofdisbursal of loanAmountdisbursed Interestaccrued onthe loan Total amount tobe paid Date of repaymentAmount repaid Amount in Column 7credited to Balance payable Signature ofthe officer ofthe Credit Agency Interest Principal Interest Principal (1) (2) (3) (4) (5) (6) (7) (8a) (8b) (9a) (9b) (10)
GOVERNMENT OF ANDHRA PRADESH PATTADAR PASS BOOK
(See Rule 26)
Pass Part - III
Book No. Tenant-Cultivation
Mortgage
1. Name of the Cultivator with father's/ : Red Colour
Husband's Name and Address
2. Whether SC or ST or BC [.......] :
3. Village in which lands are situated :
4. Revenue Mandal :
5. Revenue Division :
6. District : Photo of Cultivator
7. Original entries made as on : (It should be attested
by Mandal Revenue
Officer with seal)
Signature or thumb Signature of the Village Signature of Mandal
impression of Cultivator Administrative Officer Revenue Officer,
Office Seal & Date.
I. Particulars of land cultivated on tenancy or mortgagee by Sri
Sl.No. Owner's KhataPass Book No. Name of thePattadar Survey No./Sub-DivisionNo. Classification Wet/Dry/IrrigatedDry ExtentA.-C. A.-G. Nature of enjoyment Tenancy or Mortgagee Signature of MandalRevenue Officer (or)Prescribed Officer Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) 1.2.3.4. 5. 6. 7.
(LIKE THIS REQUIRED NUMBER OF SHEETS MAY BE ADDED)
II. DETAILS OF LOANS
Name of the Borrower with Father's/ :
Husband's Name and Address and IRDP
Identification Number, If Any
1. Name of the Financial Institution :
2. Loan Account No. and Date :
3. Purpose of Loan :
4. Type of Loan (LT/MT/ST) :
5. Amount of Loan Sanctioned : Rs. :
6. Rate of Interest :
7. Particulars of security :
8. Repayment Schedule :
9. Details of subsidy Margin Money :
A. Subsidy (i) Agency :
(ii) Amount : Rs.
B. Margin Money (i) Agency :
(ii) Amount : Rs.
(iii) Particulars of repayment
Date Amount
10. Disbursement of Loan :
Date : Amount :
1.
2.
3.
4.
Signature of the Manager/
Competent Authority of Financial
Institution with seal
II. PARTICULARS OF REPAYMENT OF LOANS
Date Particulars Challan No. & date PRINCIPAL Date INTEREST Details of documenttitle deed etc. returned Signature ofBank Officials Debit Credit Balance Debit Credit Balance 1.2.3.4.5.6.
(LIKE THIS REQUIRED NUMBER OF SHEETS MAY BE ADDED)
PARTICULARS OF SANCTION, DISBURSAL AND
REPAYMENT OF S.A.O. LOANS
Sl.No. Year Date of sanctionof loan Amount of loansanctioned Date ofdisbursal of loanAmountdisbursed Interestaccrued onthe loan Total amount tobe paid Date of repaymentAmount repaid Amount in Column 7credited to Balance payable Signature ofthe officer ofthe Credit Agency Interest Principal Interest Principal (1) (2) (3) (4) (5) (6) (7) (8a) (8b) (9a) (9b) (10)
GOVERNMENT OF ANDHRA PRADESH PATTADAR PASS BOOK E.S.H.
(See Rule 26)
Khata/Pass Part - IV
Book No. Land Revenue &
Loans DCB Particulars
1. Name of the Pattadar with father's/ :
Husband's Name and Address
2. Whether SC or ST or BC [.......] :
3. Village in which lands are situated :
4. Revenue Mandal :
5. Revenue Division :
6. District : Photo of Pattadar
7. Original entries made as on : (It should be attested
by Mandal Revenue
Officer with seal)
Signature or thumb Signature of the Village Signature of Mandal
impression of Pattadar Administrative Officer Revenue Officer,
Office Seal & Date.
LAND REVENUE - D.C.B. PARTICULARS
Demand Collections Balance Arrears at thebeginning of FASLI 13 Currentduring Total Date Arrears Current Total Receipt No.and Date Arrears Current Total Signature of VillageAssistants Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 1. 2. 3. 4. 5. 6.7.
(LIKE THIS REQUIRED NUMBER OF SHEETS MAY BE ADDED)
DETAILS OF LOANS
Name of the Borrower with Father's/ :
Husband's Name and Address and IRDP
Identification Number, If Any
1. Name of the Financial Institution :
2. Loan Account No. and Date :
3. Purpose of Loan :
4. Type of Loan (LT/MT/ST) :
5. Amount of Loan Sanctioned : Rs. :
6. Rate of Interest :
7. Particulars of security :
8. Repayment Schedule :
9. Details of subsidy Margin Money :
A. Subsidy (i) Agency :
(ii) Amount : Rs.
B. Margin Money (i) Agency :
(ii) Amount : Rs.
(iii) Particulars of repayment
Date Amount
10. Disbursement of Loan :
Date : Amount :
1.
2.
3.
4.
Signature of the Manager/
Competent Authority of Financial
Institution with seal
PARTICULARS OF REPAYMENT OF LOANS
Date Particulars Challan No. & date PRINCIPAL Date INTEREST Details of documenttitle deed etc. returned Signature ofBank Officials Debit Credit Balance Debit Credit Balance 1.2.3.4.5.6.
APPENDIX 15 Declaration by landless Person Tenant Mortgagee occupant in Inam Land
FORM ( Sub section (2) of Section 6 and Rule 27 )
FORM - 15
( Sub section (2) of Section 6 and Rule 27 )
Declaration by landless Person Tenant Mortgagee occupant in Inam Land
To
The Sub Registrar,
......................................
......................................
Sir,
I .......................................... S/o,D/o, W/o ............................................R/o .......................... (Mandal) declare as required under sub section (2) of Section 6 of A.P. Rights in Land and Pattadar Pass Books Act, 1971 that I am a landless person tenant mortgagee, occupant in Inam land that I have not been issued Title Deed and Pattadar Pass Book and that I intend to purchase the following Agricultural lands from Sri/Smt. .......................... S/o,D/o, W/o, ........................................ R/o .................................. (Mandal) by a registered document duly signed by him.
Mandal Village Survey No. Sub-division No.if any Classification Area Assessment Amount of considerationpaid in part full Remarks Wet Dry I.D. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
There are no amounts due to Government in respect of the land.
The amount of Rs. ........................... due to the Government Credit Agency in respect of the land towards Land Revenue Water Cess Taccavi loans mortgage loans (here mention the item against which the amount is outstanding) has been paid and clearance obtained.
The alienation or transfer is not in contravention of the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and the Urban Land (Ceiling and Regulations) Act, 1976 and the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977.
Name of the witnesses if any, should be mentioned here:
1.
2.
I request you to intimate the fact to the Mandal Revenue Officer so that he may issue in my name a pass book in Part I and send it to you to record the sale transaction after which the Mandal Revenue Officer will issue the Pass Book to me after collecting the necessary fees.
Signature :
Name :
Address :
APPENDIX 16 FORM
FORM
See Rule 27 (2)
FORM - 16
See Rule 27 (2)
Name of Revenue Mandal.................
Division ..............................
District ..............................
Register Showing the Particulars of Registered Documents or Intimation
Received in Mandal Revenue Officer's Office from Sub-Registrar,
(for the year ...............................................
Sl.No. Name ofRegistration Office RegisteredDocument No.intimation No.with date Date of receiptof intimation inMRO Office Name ofPurchaserwithaddress Name oftransferee withaddress Value ofAgriculturallands undertransaction, in confirmity to thebasic valuationRegister inSub-Registrar Office Particulars of Agriculturallanded property, Classification of land Dry/WetArea ExtentSingle Double Assessment Date of incorportionin ROR Record Pattadar Pass Book if any issued Name ofVillage inwhichpropertysituated Sy. No.Sub-DivisionNo. KhataNo. P.P.Book No. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)
APPENDIX 17 FORM
FORM
[See Rule 26(5)]
FORM - 17
[See Rule 26(5)]
Name of the District :
Name of the Division :
Name of the Mandal :
Name of the village :
S.No. S.No./Sub-Division No. S.Nos. in Form IBin which this S.No.Sub division appears Corresponding nameof the person (withfather's husband'sname in Form IB) Category of the personPattadar tenant mortgageeOccupant in InamLand Patta orKhata No.assigned Pass Book Part &Serial No. issued Acknowledgementwith date &Signature (1) (2) (3) (4) (5) (6) (7) (8)
APPENDIX 18 FORM
FORM
[See Rule 32]
FORM - 18
[See Rule 32]
Sl.No. Name of thevillage Sl.No./Sub-divisionNo. Claim inthe suit Party filing thesuit & his address CorrespondingSl.No. in the Record of Rights Name of the person havingthe right asper R.O.R. hisaddress Decision of theCourt & date of decision Date of implementationof the decisionof the court inR.O.R. DatedSignature ofthe M.R.O. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) |
