In exercise
of the powers conferred by sub-section (1) and clauses (xlvii), (xlviii),
(xlix), (li), (lii), (liii), and (lxiii) of sub-section (2) of Section 328 of
the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) and all other powers
enabling it in that behalf, and in supersession of all previous rules made in
this behalf and continued in force by virtue of the third proviso to Section
336 of the said Code, the Government of Maharashtra hereby makes the following
rules, the same having been previously published by sub-section (1) of Section
329 of the said Code, namely: These rules may be called the
Maharashtra Land Revenue Record of Rights and Registers (Preparation and
Maintenance) Rules, 1971. (1)
In these rules, unless the context otherwise
requires- (a)
certifying officer' means a revenue or survey
officer competent to certify entries in the register of mutation under
sub-section (6) of Section 150; (b)
Code" means the Maharashtra Land Revenue
Code, 1966; [1][(b-1)Commissioner
means the Settlement Commissioner and the Director of Land Records;] (c)
Form means a Form appended to these rules; (d)
Section means a section of the Code; (e)
[2][software
means the programme for preparation, maintenance and updation of Record of
Rights and the land records as per section 148A, on the storage device, which
is specified by the Commissioner by notification;] (2)
Words and expressions used in the Code and
not defined in these rules shall have the meaning respectively assigned to them
under the Code. A. Form of
record of rights in areas other than those surveyed under Section 126 In areas other than those surveyed
under Section 126, a record of rights shall be prepared and maintained in the
form of a separate card in Form I for each survey number or, as the case may
be, subĀdivision of a survey number. [3][Provided
that, where the record of rights are maintained by using a suitable storage
device as per the provisions of section 148A, the Commissioner shall by
notification, specify, from time to time, the software necessary for
preparation and maintenance of record of rights in areas other than those surveyed
under section 126 in Form I for each survey number, or as the case may be, the
sub-division of a survey number. Record of rights so stored on the storage
device shall be deemed to be the original copy of record of rights.] B.
Procedure for preparation of the first record of rights in areas other than
those surveyed under Section 126 [4][(1) Where
no record of rights] exists in respect of lands in any village and it is to be
prepared for the first time, the Talathi of that village shall issue a public
notice in Form II calling upon all persons who have any interest in the lands
in such village, furnish to him either in writing or orally, information on all
or any of the following points within thirty days from the date of the public
notice, namely: (i)
the survey number and sub-division number, if
any, of the land in which he has any interest as holder, occupant, owner,
tenant, landlord, mortgagee, Government lessee, assignee of rent or revenue or
in any other manner; (ii)
the nature of interest in the land, that is
to say, whether the land is held as holder, occupant, owner, tenant, landlord,
mortgagor, mortgagee, or [5][assignee]
or in any other manner; (iii)
the tenure on which the land is held, that is
to say, whether the land is alienated or un-alienated, and [6][in
case of unalienated land], whether held as Occupant-Class I, Occupant-Class II,
or as Government lessee; (iv)
the encumbrances or charge, if any, on the
land, and the name of the holder of such encumbrances or charge. (2) Ā Ā The notice under sub-rule (1) shall be
published in the village by beat of drum and by affixing copies thereof in the
office of the Panchayat of the village and in the Chavadi. (1)
The Talathi shall, on the basis of the
information received under Rule 4, or such information as he may collect by
making local inquiry, prepare a rough copy of the record of rights, in Form I. (2)
If from the information received under Rule 4
or collected by making local inquiry, it appears to the Talathi that there are
conflicting claims in respect of any entry proposed to be made in the rough
copy, the Talathi shall leave such entry blank and shall record the particulars
of conflicting claims in the register of disputed cases, which shall be
maintained in Form III. (3)
The rough copy of the record of rights,
prepared under sub-rule (1) shall, after being checked by the Circle Inspector
or a survey officer not below the rank of a Circle Inspector, be published by
issuing a notice in Form IV, in the manner provided in sub-rule (2) of Rule 4
for inviting objection, if any, to the particulars, entered in the rough copy. (4)
If any objection to any particulars entered
in the rough copy of the record of rights is received, the Talathi shall record
it in a register of disputed cases, and shall serve, individual notices in Form
V, on all persons likely to be affected by, or interested in, the objection and
inform them by such notice of the nature of the objection and call upon them to
be present at the place, on the date and at the time fixed for hearing the
objection and for taking decision in respect thereof. Similar notices shall
also be served on all persons likely to be interested in the disputes entered
in the register of disputed cases under Sub-rule (2). (5)
On the date, at the place and the time fixed
for having the objections, any revenue or survey officer not below the rank of
an Aval Karkun shall read a loud in the presence of the persons assembled, all
the particulars entered in the rough copy of the record of rights for the
village. He shall then inform them of the lands in respect of which objections
and disputes have been raised, and ask them, whether they admit the entries in
respect of the remaining lands. If they admit such entries, the revenue or
survey officer aforesaid, shall record a remark to the effect against such
entries in the rough copy. If in respect of any entry, any error is pointed out
by any person, and the error is not disputed by anybody else, the entry shall
be corrected, and a remark to that effect shall be recorded in the rough copy
of the record of rights. (6)
After following the procedure laid down in
sub-rule (5) and after verifying whether notices were duly served by the
Talathi as required by sub-rule (4), the said officer shall proceed to decide
objections recorded in the register of disputed cases, and record therein his
decision in respect of each objection, and shall announce his decision to the
persons assembled. Where the said officer finds that notices were not duly
served by the Talathi as required by sub-rule (4), he shall postpone his
decision, till the procedure laid down in that sub-rule and in sub-rule (5), is
followed. (7)
After the decisions are taken by the revenue
or survey officer under subĀrule (6), the Talathi shall correct the entries or,
as the case may be, fill in the blank entries in the rough copy of the record
of rights in red ink according to the said decisions, and shall also prepare a
fair copy of the record of rights as so corrected. (8)
The fair copy of the record of rights
prepared under sub-rule (7) shall be published by issuing a notice in Form VI
in the manner provided in sub-rule (2) of Rule 4 for inviting objections, if
any, to the particulars entered in the fair copy. (9)
If any objection to any particulars entered
in the fair copy of the record of rights is received from any person, the
Talathi shall acknowledge the receipt thereof, and shall serve notices on all
other persons likely to be affected by, or interested in, the objection
informing them of the nature of the objection and calling upon them to be
present at the place and on the date and at the time fixed for hearing the
objection and taking decision in respect thereof. (10)
On the date, at the place and time fixed for
hearing the objections, any revenue or survey officer not below the rank of a
Deputy Collector shall consider the objection received by the Talathi, and
shall take decision thereon after hearing the persons affected by, or
interested in, the objection. After the decision is taken, the said Officer
shall get the entries in the fair copy of the record of rights corrected in red
ink in accordance with the decision taken by him, and authenticate such
corrections by his, signature and date in the presence of any revenue or survey
officer. When any clerical errors are brought to the notice of the said
officer, he shall rectify such errors in a like manner. (11)
After the fair copy of the record of rights
is corrected as aforesaid, such revenue or survey officer shall cause such
portion thereof as the persons present may desire to be read out in their
presence, and after carrying out in the manner provided for in sub-rule (10),
such correction as he may deem [7][necessary],
shall put his signature and date on the fair copy of the record of rights in
the presence of any revenue or survey officer and add at the end of the copy a
certificate that it has been duly approved and promulgated. C.
Preparation of new record of rights in place of existing record of rights in
areas other than those surveyed under Section 126 (1)
Where a record of rights prepared before the
commencement of these rules (hereinafter referred to as the existing records of
rights) in respect of lands in any village in areas other than those surveyed
under Section 126, is not in accordance with form I, the Talathi shall cause
the existing record of rights to be replaced by a new record of rights in Form
I by transferring from the existing record of rights to the new record of
rights, the entries in respect of each survey number and sub-division of a
survey number. The new record of rights so prepared shall be checked by the
Circle Inspector. (2)
The Talathi shall, then publish, in the
manner provided in sub-rule (2) of Rule 4, a notice informing all persons
interested in the lands in the village that the existing record of rights and
the new record of rights are kept open for inspection on the dates and times
and at a place (being a place convenient to the villagers) to be specified in
the notice, and that the new record of rights will be promulgated by a revenue
or survey officer not below the rank of a Tahsildar on the date and time to be
specified in the notice, and calling upon them to be present on the occasion. (3)
On the appointed date, time and place, the
officer concerned shall check the entries in the new record of rights with the
corresponding entries in the existing record of rights and correct the entries,
where necessary. He shall then proclaim to the people assembled that with
effect from the said date, the new record of rights in Form I shall be the
record of rights of the village. (4)
If a record of rights in Form I is prepared
by any Consolidation Officer in respect of any [8][holding]
under Section 24 of the Bombay Prevention of Fragmentation and Consolidation of
Holdings Act, 1947 that record of rights shall be deemed to be new record of
rights prepared under these rules for that holding. (1)
The record of rights shall ordinarily be
rewritten after a period of ten years. The Sub-Divisional Officer may direct
the record of rights to be rewritten at the end of a shorter period if he
considers that in view of the number of entries made in the record of rights in
respect of a large number of survey numbers or sub-divisions of survey numbers
in the village, it will be difficult for the Talathi to make any further
entries therein. (2)
When the record of rights is to be rewritten,
the Talathi shall transfer the entries in the record of rights as they stand
up-to-date to fresh copies of record of rights in Form I. The record of rights
so prepared shall be checked by the Circle Inspector. (3)
After the record of rights is so prepared the
provisions of sub-rules (2) and (3) of Rule 6 shall mutatis mutandis apply. D.
Maintenance of record of rights and register of mutations in areas other than
those surveyed under Section 126 In areas other than those surveyed
under Section 126 the Tahsildar shall be responsible for the up-to-date
maintenance of the record of rights and of the register of mutations in all
villages within his jurisdiction, and for that purpose, for the timely and
systematic compliance of the provisions hereinafter appearing. The acknowledgement of the receipt of
the report made by any person under Section 149 shall be made in Form VII. A register of mutations shall be in
Form VIII. As soon as an intimation regarding
registration of documents referred to in Section 154 is received by a Talathi,
he shall make separate entries in the register of mutations in respect of the
mutation effected by each of the said documents. Where rights in any land are acquired
as a result of transfer of such land, and such transfer required the previous
permission of the Collector, the Talathi shall require the person making the
report to him under Section 149 to produce before him such permission or such
evidence of the order by which such permission or evidence is produced, the
Talathi shall record this fact at the end of the entry in column 2 of the
mutation register. If the permission is obtained but not produced, or such
permission is not at all obtained, the Talathi shall record this fact also as
aforesaid. Whenever an entry is made in the
register of mutations under sub-section (1) of Section 150 in relation to any
land, the Talathi shall indicate, in pencil the number of that mutation entry
against the entry relating to that land appearing in the record of rights with
the remark that the mutation entry has not been duly certified. [9][Provided
that, where the record of rights are maintained by using a suitable storage
device, the Talathi shall indicate the pencil entry in italics and underlined
words and letters and also mention, at the bottom of computerised Form VII, a
note of mutation pending certification, as a pencil entry, in the italics and
underlined words and letters and such note shall be deemed to be the same as
taken by pencil.] The intimation which a Talathi is
required to give under sub-section (2) of Section 150 shall be in Form IX. The acknowledgement for objections
received in respect of entries made under [10][sub-section
(1)] of Section 150 shall be given in Form X. The register of disputed cases
referred to in sub-section (3) of Section 150 shall be maintained in Form III. (1)
Before proceeding to decide disputes entered
in the register of disputed cases as provided in sub-section (4) of Section 150
and certifying the entries in the register of mutations, the certifying officer
shall inform the Talathi to that effect in Form XI. On receipt of such
information, and at least fifteen days before the date fixed for deciding
disputes entered in the register of disputed cases, and for certifying entries
made in the register of mutations, the Talathi shall issue notices in Form XII
to all persons likely to be interested in such disputes or entries and call
upon them to be present at the place [11][alongwith
their Khate Pustikas] on the date and at the time fixed for deciding disputes
and for certifying entries. (2)
On the date and at the place and time fixed
for deciding disputes, the certifying officer shall read out the mutation
entries which are undisputed in the presence of the persons present. If the correctness of such entries is
admitted by all the persons present the certifying officer shall record such
admission in the register of mutations, and add an endorsement under his
signature [12][or
his authentication] that the entries have been duly certified. If any error in respect of any entry
entered in the register of mutations is noticed by the certifying officer, and
such error is admitted by the persons interested in the entry who may be
present, the certifying officer may correct that entry and certify the corrected
entry as aforesaid. The certifying officer shall then hold
a summary enquiry and decide each dispute entered in the register of disputed
cases on the basis of possession, that is to say if a person actually holds
possession under a claim of title, he shall be recorded as occupant class I,
occupant class II or, as the case may be, Government lessee in the register of
disputed cases. If there is a doubt as to the actual possession, the person
with the strongest title shall be so recorded. He shall also record in the
register of mutations , the order passed by him in respect of the mutation
entry disputed, and make an endorsement under his signature to the effect that
the mutation entry as modified by his order is certified by him. The order
shall contain the names of the parties and witnesses and a brief summary of the
evidence produced by either side, together with his findings thereon. NOTES: Talathi making
mutation entries in Record of Rights without verification from proper documents: The Addl. Commissioner Nasik passed
order on 31.12.1999 by allowing the revision application filed by Respondent
No. 1 & No. 2 against the order of Addl. Commissioner, Jalgaon dated
19.1.1999. The issue in the Appeal was whether Talathi can change the entries in
Mutation Register without verification from proper documents. One Onkar Pandurang Patil, husband of
Petitioner, had purchased agricultural land about 46 Acres in the village
Rajore by a deed dated 5.2.1979 for monetary consideration of Rs. 9,000/-.
Pursuant to the purchase of the property, Mutation Entry in record of right was
carried out by Talathi in favour of Onkar Patil. The Petitioner contended that
the said property was self acquired property of Onkar Patil and was not forming
a part of Joint Family property. Oral partition of the ancestral property of
the family consisting of Onkar Patil and his three other brothers was carried
out and it was recorded in the Form of Smaran Patra and the same did not
include the said property. Thereafter, Onkar Patil converted the said property
into non agricultural land and divided the same into 9 plots and it was also
recorded in Hakka Nondani Patra" in Form No. 6 in the name of Onkar Patil.
Respondent Nos. 1 and 2 are nephews of Onkar Patil. It was further submitted by Petitioner
that an application in the name of Onkar Patil came to be filed with the
Talathi of Rajore on 27.4.1995 requesting to delete the name of Onkar Patil and
for substitution of the name of Respondent No. 1. Petitioner alleged that even
prior to filing of the said application surprisingly on 24.4.1995 the name was
deleted. Onkar Patil expired on 7.4.1996. On 5.12.1995 Respondent No. 1
executed sale deed in respect of plot Nos. 5 to 8 of the property in favour of
Respondent No. 2 as Chairman of Onkar Sahakari Griha Nirman Sanstha Maryadit,
Rajore. Based on the said sale deeds, the Talathi made mutation entries in
favour of Respondent No. 2 as a Chairman of said Co-operative Society and he
sanctioned the same. The important point placed by the Petitioner was that she
had no notice of the application alleged to be received by Onkar Patil before
mutation entry was caused. The Petitioner filed Revision Application before
S.D.O. Bhusawal against all mutation entries but the application was rejected,
therefore, she filed Appeal before Addl. Collector and he confirmed the order
of S.D.O., but it was set aside by Addl. Commissioner, Nashik in Revision
Application. The Special Civil Suit was filed by the Petitioner, and original
status quo order was subsequently vacated. The Order of the Addl. Commissioner,
Nashik dated 31.12.1999 has been challenged. As the Petitioner has contended that
the Application dated 27.4.1995 was fabricated and it was not actually filed by
Onkar Patil, every documents of conveyance of right in any immovable property
specified under section 154 of the Code, moment is subjected to registration,
the intimation in that regard has to follow to the Talathi of the concerned
village. This is also apparent from the second proviso to section 149 of the
Code itself. The said proviso exempts the person acquiring right to the
property by virtue of any registered document from informing about his
acquisition of right to the Talathi. This further discloses that it is only in
case of a document which is not required to be registered in accordance with
the Indian Registration Act, that the Talathi can act for the purpose of
mutation of entry under section 149 on an application or oral intimation
without being accompanied by the document in support of the claim of
acquisition of right. Such an eventuality naturally would arise only in case of
immovable property worth less than Rs. 100/- and not otherwise. This is clear
from Rule 9 of the said Rules and the form prescribed thereunder. Form VII
prescribes the form of receipt regarding the oral or written intimation by a
person regarding acquisition of right under section 149 for the purpose of
mutation of rights specifically provides for the application to be accompanied
by the documents in support of such application. It is, therefore, clear that while
exercising powers for mutation of entry pursuant to the request in that regard
either orally or in writing by a person claiming to have acquired right as
specified under section 149 of the Code, the Talathi is required to insist and
to consider the documentary evidence in support of such claim before effecting
any mutation of entry when the property apparently appears to be worth Rs.
100/- or above. The provisions of section 149 of the
Code are to be harmoniously interpreted. There is no doubt that the Code
basically relates to the land revenue and the matter connected thereto as has
been submitted by the learned Advocate for the Respondent Nos. 1 and 2.
However, simultaneously the various provisions contained therein in the Code
and particularly section 157 thereof clearly gives presumptive value to the
entries made in the record of rights as well as in the register of mutations
and bearing the same in mind the authority acting under section 149 cannot be
presumed to have unbridled and unguided powers. Any other interpretation of
section 149 and permitting the Talathi to cause mutation of entries on mere
applications by the parties without any support of a lawful document in respect
to the claim of acquisition of rights to the immovable property may virtually
amount to giving carte blanche to the authority to cause any entry in those
records and such power can certainly be misused by such authority and there
cannot be a better example of such instance than the case in hand. Nalini O.
Patil v. GirdharK. Patil, 2002 (2) Bom. C.R. 287. Immediately after an entry in the
register of mutations is certified, under Rule 17, the Talathi shall record it
in ink in the record of rights, [13][and
where the record of rights are maintained by using a suitable storage device,
the Talathi shall authenticate and update the record of rights on storage
device] [14][and
simultaneously copy out the relevant entry in the khate-pustika also.] It shall be the duly of a Circle
Inspector to visit every village in his Circle and check whether the Talathi
has prepared and maintained the mutation register in accordance with the
provisions of the Code and these rules; and if it has not been so prepared or
maintained, cause it to be so prepared and maintained. E. Record
of rights and register of mutations in areas surveyed under Section 126. In areas surveyed under Section 126, a
record of rights and register of mutations shall be prepared in the form of
Property Card prescribed by Rule 7 of the Maharashtra Land Revenue (Village,
Town and City Survey) Rules, 1969 and maintained as provided in Rules 21 to 28. In areas surveyed under Section 126,
the survey officer not below the rank of a [15][Taluka
Inspector of Land Records] shall be responsible for the upto-date maintenance
of record of rights and register of mutations in all surveyed cities, towns and
villages within his jurisdiction. The acknowledgement of the receipt of
the report made by any person under Section 149 shall be made in Form VII. The reports and intimations of
acquisition or transfer received by the Talathi under sub-section (1) of
Section 150, shall be entered by him in the Property Card. As soon as a mutation is entered in
the Property Card under Rule 23, the Talathi shall post up a complete copy of
the entry in the Village Chavdi or where there is no Chavdi in a conspicuous
place in the Village, Town or City. He shall also simultaneously give notice in
Form IX to all persons appearing from the Property Card to be interested in the
mutation and to any other person whom he has reason to believe to be interested
therein, requiring them to send their objections, if any, to the entry either
orally or in writing within fifteen days from the date of receipt of such
notice. The acknowledgement for objections
received in response to the notice given under Rule 24 shall be given in Form X
and the register of disputed cases in which such objections should be entered
shall be in Form III. The disputes entered in the register
of disputed cases shall be decided and the mutations in the Property Card
certified by a revenue or survey officer not below the rank of an Aval Karkun
in the manner provided in Rule 17. The existing record of rights referred
to in Section 159 of such villages, towns and cities as may be specified by a
revenue or survey officer not below the rank of the Collector in this behalf,
shall be transferred to the Property Card in accordance with the procedure
prescribed in Rule 18. It shall be the duty of [16][a
survey officer not below the rank of the Taluka Inspector of Land Records] to
check whether the Talathi has [17][prepared]
and maintained the mutations register in accordance with the provisions of the
Code and these rules; and if it has not been so prepared or maintained, cause
it to be so prepared and maintained. F.
Register of crops, register of persons other than persons deemed to be in
possession according to the record of rights and register of tenancies in areas
other than those surveyed under Section 126 A register of crops showing the crops
grown in the land and the area in which they are grown shall be maintained in
every village. It shall be in the form of a seperate card in Form XIII in
respect of each survey number or sub-division of a survey number and the
contents thereof shall be incorporated at the end of Form I. Entries in the
register shall be made every year in the manner provided in Rule 30. (1)
Every year at any time, during the period
when the crops grown in a village are standing in the fields and during such
other period as may be directed by the Collector for different crops, Talathi
shall, subject to the orders of the Collector in this behalf, visit the village
for the purpose of inspection of the crops and making entries in the register
of crops in Form XIII. (2)
Subject to the provisions of sub-rule (1),
the Talathi shall fix a date of his visit to the village for the purpose of
that sub-rule at least seven days in advance and arrange to inform the
villagers by beat of drum or by any other suitable method, about the date of
his visit and its purpose and to call upon the villagers to be present in their
fields [18][along
with their khate pustika] and witness the entries being made in the register of
crops. He shall likewise give an intimation of his visit to the Sarpanch of the
Village Panchayat, if any, and through him request the members of the Village
Panchayat to accompany him during the crops inspection. (3)
On the date fixed for his visit to the
village, the Talathi shall visit every field in the village in the presence of
the villagers, the members of the Village Panchayat and the Sarpanch, if any,
as may be present there and make entries in the register of crops in respect of
each survey number or sub-division of a survey number after actual inspection.
He shall allow the persons interested in the land to see the entries made by
him in respect of each land. [19][He
shall simultaneously copy out the relevant entries in Khate Pustika. also]. (4)
As soon as may be practicable after the
Talathi has made entries in the register of crops, any revenue or survey
officer not below the rank of a Circle Inspector shall, for purpose of
verification of the said entries, visit the village of which advance intimation
as aforesaid shall be given to the villagers, and after due enquiry correct the
entries which may be found to be incorrect. [20][He
shall cause the Talathi to make resultant changes in the entries in the
respective Khate Pustika also]. (1)
During course of inspection of crops under
Rule 30, the Talathi shall verify whether the person in actual possession of a
survey number or sub-division of a survey number is the one whose name is
recorded in the record of rights. If the Talathi finds that the person in
actual possession is other than the persons who according to the entries in the
record of rights is entitled to cultivate the land, he shall enter his name in
the register of persons in possession other than the persons who should have
been in possession of the land according to the record of rights. The register
shall be in Form XIV. As soon as may be practicable after any entries are made
in the register, the Talathi shall forward the relevant extract thereof to the
Tahsildar for necessary action. (2)
On receipt of the register in Form XIV, under
sub-rule (1), the Tahsildar shall visit the village for making necessary
enquiries about the possession of the land by the persons mentioned in the said
register. He shall give prior intimation of the date and time of his visit to
the Talathi and the Sarpanch of the village panchayat if any, at least seven
days in advance. The Talathi shall arrange to inform all the interested persons
of the Tahsildars visit and shall call upon them to remain present in the
village Chavdi [21][alongwith
their Khate Pustika] at the appointed date and time. (3)
On the appointed date and time, the Tahsildar
shall hear the persons interested and after holding further enquiry as he deems
necessary decide the matter. [22][After
the resultant entries are made in the record, he shall cause necessary entries
to be made in the relevant Khate Pustika]. A register of tenancies shall be
maintained by the Talathi in Form XV for each agricultural year separately. The
entries therein shall be tested by the Circle Inspector when he examines the
crops, and by other officers of higher rank. When any error is discovered by
any of these inspecting officers, they may correct it and initial the corrected
entry : Provided that no entry shall be
corrected unless the person affected by such entry is given an opportunity to
be heard. G.
Miscellaneous provisions applicable to all areas (1)
The intimation to be given to the Talathi and
Tahsildar under Section 154 by a registering officer registering any document
under the Indian Registration Act, 1908 shall be given in duplicate in Form XVI
separately in respect of lands included in a village. Such intimation shall be
given in the 1st week of each month in respect of documents registered in the
preceding month. (2)
On receipt of such intimation, the Talathi
shall maintain the mutation entries effected in accordance with the intimation
in column 13 of Form XVI and send a duplicate copy of such intimation to the
Tahsildar; (1)
Any revenue officer may exercise the power of
a survey officer to issue general notices under Section 80. (2)
Any Aval Karkun shall be competent, if so
required by the Tahsildar to exercise the power of a survey officer to issue
summons under Section 80. (3)
Any revenue officer not below the rank of an
Assistant or Deputy Collector shall be competent to assess under Section 81,
the cost of the operation or revision of maps or plans and all contingent
expenses including the cost of clerical labour and supervision, on the lands to
which such maps or plans relate. Such cost shall be so assessed that it will
cover the entire cost of measuring, assessing and mapping the land. As soon as a final town planning
scheme has come into force in any area under the provisions of the Maharashtra
Regional and Town Planning Act, 1966, the Talathi shall prepare a fresh record
of rights as to accord with the said scheme. The fresh record of rights so
prepared shall be deemed to be the fair copy of the record of right as provided
in sub-rule (7) of Rule 5, and all provisions of sub-rules (8), (9), (10) and
(11) of Rule 5 shall apply to such record of rights as they apply to the
preparation of the first record of rights. Whenever in consequence of an order
passed by an appellate or revisional authority under the Code, any entry in the
record of rights or register of mutations requires to be corrected, the Talathi
shall do so indicating specifically in such record or as the case may be,
register the number and date of the order passed by the appellate or, as the
case may be, revisional authority and indicate the designation of such
authority. Such correction shall be made without serving notices on the persons
affected by the order. [1]
These clauses were inserted by No. CLR-1004/CR-45/L1, Cell, dated 25.7.2007. [2]
These clauses were inserted by No. CLR-1004/CR-45/L1, Cell, dated 25.7.2007. [3]Ā Proviso was added by No. CLR 1004/CR-45/L1,
Cell, dated 25.7.2007 (M.G.G., Pt. IV-B, pp. 1270-1271). [4]
Amended by (1) No. UNF.2267-(A)-R (Spl.), 20.5.1972; M.G.G., Pt. IV-B, 8.6.1972,
p.1114 (Corrigendum). [5]
Amended by (1) No. UNF.2267-(A)-R (Spl.), 20.5.1972; M.G.G., Pt. IV-B,
8.6.1972, p.1114 (Corrigendum). [6]
Amended by (1) No. UNF.2267-(A)-R (Spl.), 20.5.1972; M.G.G., Pt. IV-B,
8.6.1972, p.1114 (Corrigendum). [7]
Amended by (1) No. UNF.2267-(A)-R (Spl.), 20.5.1972; M.G.G., Pt. IV-B, dated
8.6.1972, p.1114 (Corrigendum). [8]
Amended by (1) No. UNF.2267-(A)-R (Spl.), 20.5.1972; M.G.G., Pt. IV-B, dated
8.6.1972, p.1114 (Corrigendum). [9]
Proviso was added by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007. [10]
Amendment by (1) No. UNF.2267-(A)-R (Spl.), dated 20.5.1972; M.G.G., Pt. IV-B,
8.6.1972, p. 1114 (Corrigendum). [11]
Inserted by 7.9.1983. [12]
These words were inserted by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007. [13]
These words were inserted by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007. [14]
Inserted by 7.9.1983. [15]
These were substituted for the words "District Inspector of Land
Records" by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007. [16]
Substituted for the words "a Circle Inspector or survey officer not below
the rank of Circle Inspector" ibid., [17]
Amended by (1) No. U.N.F.2267-(A)-R (Spl.), 20.5.1972; M.G.G., Pt. IV-B,
8.6.1972, p.1114 (Corrigendum). [18]
Inserted by G. N. of 7.9.1983. [19]
Inserted by G. N. of 7.9.1983. [20]
Inserted by G. N. of 7.9.1983. [21]
Inserted by G. N. of 7.9.1983. [22]
Inserted by G. N. of 7.9.1983.MAHARASHTRA LAND
REVENUE RECORD OF RIGHTS AND REGISTERS (PREPARATION AND MAINTENANCE) RULES,
1971
PREAMBLE