THE ANDHRA PRADESH [1][*
* *] 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
Sept., 1978; the Governor of Andhra Pradesh hereby makes the Andhra Pradesh
Record or 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 Many, 1989 and
after considering the suggestions received from different quarters as required
under sub-section (1) of Sec. 11 of the said Act. (1)
These rules may be called the Andhra
Pradesh [2][Rights
in Land] and Pattadar Pass Books Rules, 1989. (2)
They shall extend to all the areas where the
Andhra Pradesh [3][Rights
in Land] and Pattadar Pass Books Act, 1971 is in force. In these rules, unless the context
otherwise requires. (a)
'Act' means, the Andhra Pradesh [4][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
Mortgagee as defined in the Transfer of Property Act, 1882; [5][(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.] [6][(g)
'Record of Rights' means in respect of owners, title to land and in respect of
others, 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 [7][Sections
3(3), 5, 8(2) and 9 of the Act.] The Record of Rights shall be prepared
and maintained in Form-I for every separate revenue village. [8][Note.
Pahani/Adangal does not constitute the record of rights for the village. It
reflects ground position including: (i)
the name of the cultivator who actually
cultivate the land; and (ii)
Whether the person in occupation of the land
has violated any law and if so, the details of the same]; (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 up to date for the entire
State or such area or area and from such date or dates by notification in the
Andhra Pradesh Gazette. The said notification shall also be published in two
daily newspapers circulating in the State of which at least one shall be in the
Telugu language. (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
up to date in the area in which a village is situate cause to be published
separate notices. [9][(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.] or (ii) declaring his intention
consequent on the issue of a notification by the Commissioner to make the
record of rights up to 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 lands 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. (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 made 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. (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. 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. (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 the 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, datermine 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)
[10][***] (5)
[11][***] (6)
The Andhra Pradesh Scheduled Areas Land
Transfer Regulation 1959, (Regulation 1 of 1959); (7)
[12][* * *] (8)
[13][* * *] (9)
[14][***] [15][(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 [16][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 [17][Tenants,
mortgage 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) [18][
* * *] (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 up to 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. (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 up to 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 [19][
x x x ] (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 gram a
sabha to read out the draft Record of Rights or draft Record of Rights made up
to 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 gram Sabha and make claims and objection. (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-II
S(A). The receipt of the claim./objection shall be acknowledged in the
duplicate copy. [20][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.] (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 up to
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-rule
shall not be in contravention of any of the provisions of the Act referred to
in Rules 9(1)(a)(iv) [21][
* * *] (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 order 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)(i) [22][xxx] (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 he village. (2)
The Mandal Revenue Officer, the Revenue
Divisional Officer, and the Deputy Collector (Record of Rights) the District
Revenue Officer, the Collector of the District, [23][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. (1)
The notification referred to in sub-rule (1)
shall also be published in the manner specified in sub-rule (2) of Rule 5. (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 ht
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 form
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 subdivision. (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-IIIA 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
I-B, the Mandal Revenue Officer shall arrange to get the [24][title
does and pass Books] prepared with reference to the entries in Form 1-B and
dekuver the same to the persons concerned in a Gram Sabha [25][convened
with a previous notice in Form IV-A) of at least seven day. 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 [26][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 [27][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.][28] (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 mistake in the Record of
Rights which he discovers himself or which is reported to him by any other
Revenue Officer. (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 up to 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 rights 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 refereed to in sub-rule (1) shall
be in Form V. (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 person 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 inquiry 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) [29][xxx] (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 [30][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. (1)
The notice referred to in sub-section (3) of
Section 5 of the Act shall be in Form. (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 specified in clause (a) to (e) of sub-rule (2) of Rule 5. (1)
During the enquiry referred to in sub-section
(3) of Section 5 of the Act the [31][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. (1)
An appeal against every order of the [32][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. (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. [33][(2) The
alienee or transferee shall file application in Form X on or before 31-10-1998
on the notification issued under sub-rule (1), to the Mandal Revenue Officer,
provided the alienation/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 alien 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 fee 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 Sec. 5-A of the Act to the alience 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 IB 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 IB under proper attestation and referencing to files of the
Mandal Revenue Officer. (7) Thereafter a [34][title
deed and pass book] shall be issued to he occupant in the category of owner
Pattadar. (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.][35] (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. (1)
The record or rights in Forms 1 and IB 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. (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. (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 be a Registrar of Assurances. Where a pattadar has a registered
conveyance deed with him, he shall file it along with 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 form at 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 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 proforma to be prescribed from time to time by
the Commissioner. [36][(9) There
shall be a photograph of the Pattadar/owner other than a religious institution
and endowment under the control of Managing Trustees or under the control of
Endowment Department on the title deed. Similarly, there shall be a photograph
of the pass book holder other than religious institution or endowment 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 other than a religious institutions
and endowment under the control of Managing Trustees/ or under the control of
Endowment Department to whom a title deed/pass book is to be issued either on
an application or suo moto shall furnish 4 copies of his photographs to the
Mandal Revenue Officer. One copy shall each 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. (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 filed 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 up to-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.][37] [38][(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. [39][(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.] [40][(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 Books, the Mandal
Revenue Officer shall incorporate changes in the Record of Rights and Pattadar
Pass 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.] 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. 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. As and when the Record or Rights are
prepared or brought up to date or rectified or maintained, such entry shall be
brought into the village records. [41][(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 [42][sub-rule
(12) of Rule 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 mutilated Pass Book, the mutilated Pass Book
shall be surrendered to the Mandal Revenue Officer for
cancellation/destruction.] [43][(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 up to 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 surrender 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).] 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-XVII. 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 For-XVII. The register
in Form-XVII shall be open for inspection, and the certified extracts of the
same shall be granted. 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 there under properly. [1] Omitted by
A.P. Act 9 of 1994 (w.e.f. 31-10-1993). [2] Substituted
for the words "Records of rights in land" by G.O.Ms. No. 36, Rev.,
dated. 15-1-1994. [3] Substituted
for the words "Records of rights in land" by G.O.Ms. No. 36, Rev.,
dated. 15-1-1994. [4] Substituted
for the words "Records of rights in land" by G.O.Ms. No. 36, Rev.,
dated. 15-1-1994. [5] Substituted
by ibid. [6] Substituted
by ibid. [7] Substituted
for the expression "Sections 3(3) and 5 of the Act" by ibid. [8] Added by
by G.O.Ms. No. 36, Rev., dated. 15-1-1994. [9] Substituted
by ibid. [10] Omitted by
G.O.Ms. No. 36, Rev., dated 15-1-1994. [11] Omitted by
G.O.Ms. No. 36, Rev., dated 15-1-1994. [12] Omitted by
G.O.Ms. No. 36, Rev., dated 15-1-1994. [13] Omitted by
G.O.Ms. No. 36, Rev., dated 15-1-1994. [14] Omitted by
G.O.Ms. No. 36, Rev., dated 15-1-1994. [15] Clause
(b)(i) renumbered as Clause (b), Clause (b) (ii) has been omitted by ibid. [16] Substituted
for the words "tenants and mortgagees" by ibid. [17] Substituted
for the words "tenants and mortgagees" by ibid. [18] The
expression "and 9 (1)(b) (ii)" omitted by G.O.Ms. No. 36, Rev. dated
15-1-1994. [19] The words
"Claiming any interest in the lands in the village" omitted by G.O.Ms.
No. 36, Rev., dated. 15-1-1994. [20] The words
"Claiming any interest in the lands in the village" omitted by
G.O.Ms. No. 36, Rev., dated. 15-1-1994. [21] Added by
G.O.Ms. No. 17, Rev. (D.O.A. &R.), dated. 12-1-1990. [22] The
expression "and 9 (1)(b) (ii)" omitted by G.O.Ms. No. 36, Rev. dated
15-1-1994. [23] Substituted
by G.O.Ms. No. 17, Ref. D.O. (A & R), dated. 12-1-1990. [24] Substituted
for the words "Pattadar Pass Books" by G.O.Ms. No. 36, Rev., dated
15-1-1994. [25] Substituted
by G.O.Ms. No. 362, Rev., dated 26-4-1991. [26] Substituted
for the words "Pattadar Pass Books" by G.O.Ms. No. 36, Rev., dated
15-1-1994. [27] Substituted
for the words "Pattadar Pass Books" by G.O.Ms. No. 36, Rev., dated
15-1-1994. [28] Substituted
by G.O.Ms. No. 17, Ref. D.O. (A & R), dated. 12-1-1990. [29] The
expression "and 9 (1)(b) (ii)" omitted by G.O.Ms. No. 36, Rev. dated
15-1-1994. [30] Substituted
for the words "Recording Authority" by ibid. [31] Substituted
for the words "Recording Authority" by ibid. [32] Substituted
for the words "Recording Authority" by ibid. [33] Substituted
by G.O.Ms. No. 52, Rev. (A & R), dated 11-1-1996 and amended as per G.O.Ms.
No. 1020, Rev. (A & R) Dept., dated 31-12-1997 and G.O.Ms. No. 1059, Rev.,
dated 12-12-1997; Fixing the date as 3-12-1997 and again sub-rule (2) substituted
by G.O.Ms. No. 677, Rev. (A & R), dated 3-9-1998. [34] Substituted
for the words "pass book" by G.O.Ms. No. 36, Rev., dated 15-1-1994. [35] Rule 22-A
added by ibid. [36] substituted
by G.O.Ms. No. 13, Rev. (A & R), dated 8-1-1998, pub. in A.P. Gaz., RS to Pt.
II, Ext., dated 22-1-1998. [37] Rule 26
substituted by G.O.Ms. No. 36, Rev., dated 15-1-1994. [38] Sub-rules
(1) and (3) of Rule 27 substituted by G.O.Ms. No. 36, Rev., dated 15-1-1994. [39] Sub-rules
(1) and (3) of Rule 27 substituted by G.O.Ms. No. 36, Rev., dated 15-1-1994. [40] Substituted
by G.O.Ms. No. 453, Rev., dated 23-5-1990. [41] The
existing Rule 31 renumbered as sub-rule(1) of that rule by G.O.Ms. No. 36.
Rev., dated 15-1-1994. [42] Substituted
for the expression "sub-rule (7) of Rule 26" by ibid. [43] Sub-rule
(2) inserted by G.O.Ms. No. 36, Rev., dated 15-1-1994.THE ANDHRA PRADESH [* * *] RIGHTS IN LAND AND
PATTADAR PASS BOOKS RULES, 1989
PREAMBLE