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TELANGANA RIGHTS IN LAND AND PATTADAR PASS BOOKS (AMENDMENT) ACT, 2018

TELANGANA RIGHTS IN LAND AND PATTADAR PASS BOOKS (AMENDMENT) ACT, 2018

TELANGANA RIGHTS IN LAND AND PATTADAR PASS BOOKS (AMENDMENT) ACT, 2018

Preamble - TELANGANA RIGHTS IN LAND AND PATTADAR PASS BOOKS (AMENDMENT) ACT, 2018

THE TELANGANA RIGHTS IN LAND AND PATTADAR PASS BOOKS (AMENDMENT) ACT, 2018

[Act No. 01 of 2018]

[ 19th February, 2018]

PREAMBLE

An Act Further To Amend The Telangana Rights In Land And Pattadar Pass Books Act, 1971

Be it enacted by the Legislature of the State of Telangana in the Sixty-eighth Year of the Republic of India as follows:-

Section 1 - Short title and commencement

(1)     This Act may be called the Telangana Rights in Land and Pattadar Pass Books (Amendment) Act, 2018.

 

(2)     (i) Sections 2, 3, 5, 6, 7, 8, 9, 10 and 11 shall be deemed to have come into force with effect from 17-06-2017;

(ii) Section 4 shall come into force on such date as the Government may, by notification, in the Telangana Gazette appoint.

Section 2 - Amendment of section 4

In the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (Act No. 26 of 1971) (hereinafter referred to as the principal Act), in section 4,-

(1)     for sub-section (1) including the proviso there under, the following sub-section shall be substituted, namely,

"(1) Any person acquiring by succession, survivorship, inheritance, partition, Government patta, decree of a Court or otherwise any right as, owner, pattadar 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 Tahsildar within thirty days from the date of such acquisition. The Village Revenue Officer on noting the acquisition of rights in his jurisdiction shall intimate the Tahsildar within one (1) day as prescribed. The Tahsildar 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 Tahsildar.".

(2)     in sub-section (2)

 

(i)       after the words "the Tahsildar of the Mandal", the words "manually or electronically" shall be inserted;

 

(ii)      at the end of the sub-section, the words "as prescribed" shall be added.

 

Section 3 - Amendment of section 5

In the principal Act, in section 5, for sub-section (6), the following sub-section shall be substituted, namely,-

"(6) The Tahsildar shall have the power to correct clerical errors, if any, on the request of the Pattadar or any person interested in the land in the Pass Books as prescribed."

Section 4 - Amendment of section 5-A

In the principal Act, in section 5-A, after sub-section (5), the following sub-section shall be added, namely,-

"(6) Subject to the provisions of sub-section (2) of section 5-A, the Tahsildar shall regularize claims of those applicants who apply not later than 31.12.2017 and have been in possession and do not have sadabainama (unregistered) document, based on enjoyment survey, local enquiry, approval of Gramsabha and it shall be limited upto Ac.5.00 gts.".

Section 5 - Amendment of section 6

In the principal Act, in section 6, for the words "pattadar pass book.", the words "electronically maintained pattadar pass book." shall be substituted.

Section 6 - Amendment of section 6-A

(1)     In the principal Act, in section 6-A,-(1) In sub-section (1),

 

(i)       the words "mortgage or tenant" shall be omitted;

 

(ii)      in second proviso, after the word "suo-motu", the words "or mandatorily mutate and complete the process within a period of fifteen days" shall be inserted.

 

(2)     In sub-section (4), for the words "pattadars, mortgages or tenants", the word "pattadars" shall be substituted.

 

Section 7 - Amendment of section 6-C

In the principal Act, in section 6-C, after sub-section (3), the following sub-section shall be added, namely,-

"(4) Notwithstanding anything contained in the section 6-C, Credit Agency shall grant loan on the basis of ROR 1-B maintained electronically without insisting on Pattadar Pass Book cum Title deed.".

Section 8 - Amendment of section 6-D

In the principal Act, in section 6-D, in sub-section (1), after the words "such registering authority", the words "to verify the Web land data maintained electronically and" shall be inserted.

Section 9 - Insertion of section 6-E

In the principal Act, after section 6-D, the following section shall be inserted, namely,-

6-E. "Effect on earlier transactions.--

Subject to section 12-A and until the date of enforcement of this amendment Act of 2017, the transactions or other acquisitions in land that the land owners had shall be governed by the provisions of unamended Act.".

Section 10 - Insertion of section 12-A

In the principal Act, after section 12, the following section shall be inserted, namely,-

12-A. " Protection to the State and Central Government lands.--

(1)     Notwithstanding any judgment, decree, order, proceeding of court or any other authority, save the authority prescribed under the Hyderabad (Abolition of Jagirs) Regulation, 1358F., and rules thereof, all the Jagir lands including Paigah, Samsthans part of Jagir, Maktha, Village Agrahar, Umli and Mukasa, etc., within the meaning of Hyderabad (Abolition of Jagirs) Regulation, 1358F., which stood vested in the State under the said Act, the title and ownership of such Jagir lands shall never be transferred or shall never be deemed to have been transferred to any person.

 

(2)     The Jagir lands defined under the Hyderabad (Abolition of Jagirs) Regulation, 1358F., shall be recorded and maintained as Government lands in the revenue records.

 

(3)     The provisions of sub-section (1) & (2) will have no application to such Jagir lands which are settled, transferred, assigned, allotted, otherwise alienated by the State.

 

Section 11 - Repeal of Ordinance 1 of 2017

The Telangana Rights in Land and Pattadar Pass Books (Amendment) Ordinance, 2017 is hereby repealed.