The
Telangana Bhu Bharati (Record of Rights In Land) Act, 2025
[1
OF 2025]
[04th
January 2025]
PREAMBLE
AN ACT TO CONSOLIDATE AND
AMEND THE LAW RELATING TO THE RECORD OF RIGHTS IN LAND IN THE STATE OF
TELANGANA.
Be it enacted by the
Legislature of the State of Telangana iri the Seventy-Fifth Year of the
Republic of India, as follows:-
Section 1. Short title, extentand commencement.
(1)
This Act may be called the Telangana Bhu
Bharati (Record of Rights in Land) Act, 2025.
(2)
It extends to the whole of the State of
Telangana.
(3)
It shall come into force in such area or
areas and on such date or (dates as the Government may, by notification in
official gazette,appoint in this behalf and Government may apppint different
dates for different provisions.
Section 2. Definitions.
In this Act, unless the
context other wise requires,-
(1)
"Agricultural Land" means land used
or is capable of being used for the purpose of agriculture and allied
activities, including raising of crops, garden produce, orchards, horticulture,
plantation, sericulture, fisheries, dairy, poultry, vermicul, pastures,
hayricks, and such other uses as may be prescribed;
(2)
"Bhudhaar means the land parcel unique
identification number assigned to any parcel of land, as contained in the
Record of Rights, in such manner as may be prescribed which includes;-
(a)
"Temporary Bhudhaar" - a Bhudhaar
assigned to indicate that the Geo-referencing of the parcel of land or lands
appurtenant to the property has not been completed.
(b)
"Pemanent Bhudhaar" - a Bhudhaar
assigned to indicate that the Geo-referencing of the parcel of land or lands
appurtenant to the property has been completed.
(3)
"Bhudhaar Card" means addcument
prepared or generated and maintained in an electronic form in such format as
may be prescribed describing a parcel or parcels of land as contained in the
Record of Rights, and specifying the Bhudhaar Nufpber pr Numbers assigned to
such parcel or parcels;
(4)
"Certified cqpy" or "Certified
Extract" means a copy or extract, as the case may be, certified in the manner
prescribed by sectjpn 75 of the Bharatiya Sakshya Adhiniyam, 2023 and sections
4 and 5 of the Information Technology Act, 2000;
(5)
"Commissioner" means the Chief
Commissioner of Land Administration of the State of Telangana and includes the
Commissioner/Director (Appeals) exercising the powers as authorised by the
Chief Commissioner of Land Administration;
(6)
"Credit agency" means any banking
company as defined under the Banking Regulation Act, 1949, the State Bank of
India and its subsidiaries, a corresponding new 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;
(7)
"District Collector" or
"Collector" means the Collector of a district and includes
"Additional Collector" exercising the powers as authorised by the
Government or Chief Commissioner of Land Administration;
(8)
"Government" means the Government
of Telangana;
(9)
"Gramakantam", "Abadi",
"Village Site" or any other name in local parlance having same
meaning, means the land set apart in a Village, for dwelling and incidental
purposes;
(10)
"Land" means all lands,
irrespective of its usage including Agricultural land. Non-Agricultural land,
Abadi or Gramakantam etc.;.
(11)
"Land Tribunal" means the Land
Tribunal constituted under section 14 of the Act;
(12)
"Mutation." means alteration in the
entries in the record of rights on account of transfer of right of a person in
a holding or a part thereof, by way of any of the following means /
instruments:
(a)
Sale;
(b)
Gift;
(c)
Mortgage;
(d)
Exchange;
(e)
Partition of Holding;
(f)
will;
(g)
Inheritance / succession intestate or
testamentary;
(h)
Order / Decree of any competent Court of Law;
(i)
Award of LokAdalat;
(j)
Order. of Revenue Court under the applicable
Revenue laws;
(k)
Assignment of Government / Ceiling Surplus/
Bhoodhan Land by competent authority;
(l)
Patta granted to alienee under the Telangana
Assigned Lands (Prohibition of Transfer) Act, 1977;
(m)
Grant of Occupancy Rights Certificate under
the Telangana Abolition of Inams Act , 1955;
(n)
Issuance of certificate of ownership to
protected tenants under section 38-E of the Telangana Tenancy and Agricultural
Lands Act, 1950;
(o)
Certificate issued in form XIII-B under the
Telangana Right in Land and Pattadar Pass Books Act, 1971 or the certificate
issued under section 6 of this Act;
(p)
Sale certificates issued by the competent
authorities under the provisions of the Telangana Tenancy of Agricultural Land
Act, 1950, the Telangana Revenue Recovery Act, 1864, the Telangana Co-operative
Societies Act, 1964, the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002 or any other Central to or State
Act;
(q)
Land given uhder various land purchase
schemes or compensation given in the form of land under the applicable land
acquisition laws or the unutilised land returned under those laws;
(r)
House site allotment by competent authority
or ownership certificate granted under the Telangana Occupants of Homesteads
Conferment of Ownership) Act, 1976;
(s)
Through any other means / instrument which
the Government may notify from time to time;
(13)
"Non-Agricultural Land" means the
land other than Agricultural Land;
(14)
"Notification" means a notification
published in the Telangana Gazette and the expression "notify" or
"notified" shall be construed accordingly;
(15)
"Occupant" means a person in actual
possession of land and fulfilling conditions as may be prescribed by the
Government;
(16)
"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;
(17)
"Pattadar" includes every person
who holds agricultural land directly under the Government under a patta or
whose name is registered in the Land Revenue accounts of the Government as pattadar;
(18)
"Pattadar Pass Book-cum-Title Deed"
means the Pattadar Pass Book-Cum-Title Deed issued under the provisions of this
Act in electronic or manual or in both forms;
(19)
"Prescribed" means prescribed by
rules made under this Act;
(20)
"Record of Rights" p(r
"RoR" means records prepared and maintained under the provisions or
for the purpose of this act manually or Electronically or in both forms;
(21)
"Recording Authority means the Revenue
Divisional Officer or Tahsildar vested with the powers of preparing, updating
and maintaining Record of Rights;
(22)
"Registrar" means (i) in case of
the Agricultural land, the Tahsildar-cum-Joint Sub-Registrar of the Mandal
where in the land is Iocated; (ii) in case of Non-Agricultural Land and abadi,
Sub-Registrar in whose jurisdiction land is located or (iii) any other officer
as notified by the Government from time to time;
(23)
"Revenue Division, mandal and
Village" means respectively any area, which is notified as a Revenue
Division, Mandal or Village as the case may be;
(24)
"Revenue Divisional Officer" means
the Deputy Collector in charge of Revenue Division and includes a Sub-Collector
or;an.Assistant Collector;
(25)
"RoR Portal" means the (digital
platform created and maintained for the purposes of Record of Rights and shall
be called as :Bhu Bharati";
(26)
"SmalI or Marginal Farmer" means a
farmer having less than 2 1/2 Acres of Wet land or 5 Acres of dry land. For the
purpose of this; section 1 Acre of wet land is equaI to Acres of dry-land;
(27)
"Tahsildar" means the Officer in-charge
of Revenue Mandal and includes ariy officer of the Revenue Department
authorized by the Government or the Chief Commissioner of Land Administration
to perform the functions of the Tahsildar under this Act;
(28)
Words and expressions used in this Act but
not defined therein Shall have the meaning assigned to them in the Telangana
Land Revenue Act, 1317 Fasil and the rules made there under.
Section 3. Act not to apply in certain cases.
(1)
Nothing in this Act shall apply to the lands
belonging to the State Government or Central Government.
(2)
Notwithstanding any Judgment,. Decree, Order,
Proceeding of Court or any other authority, save the authority prescribed under
the Telangana (Abolition of Jagirs) Regulation, 1358 F. and rules thereof, all
the Jagir lands including Paigah, Samsthans part of Jagir, Maktha, Village
Agrahar, Umli and Mukasa, etc., within the meaning of Telangana (Abolition of
Jagirs) Regulation, 1358 F. 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.
(3)
The Jagir lands defined under the Telangana
(Abolition of Jagirs) Regulation, 1358 F shall be recorded and maintained as
Government lands in the Revenue records.
(4)
The Inam lands defined under the Telangana
Abolition of Inams Act, 1955, shall be recorded and maintained as Government
lands in the Revenue records.
(5)
The Provisions of sub-sections (1), (2) and
(3) will have no application to such Government or Jagir lands whidh are
settled, transferred, assigned, allotted, otherwise alienated by the State.
(6)
The provisions of sub-sections (1) and (4).
will have no application to inam lands to which occupancy rights certificate is
granted by the competent authority as per the Telangana Abolition of Inams Act,
1955.
(7)
Nothing in this Act shall apply to
Non-Agricultural land in Urban areas as may be notified.by the Government.
Section 4. Preparation and maintanance of Recoed of Rights in all Lands.
(1)
The Government may get prepared and brought
uP-t0-date, a Recodd op Rights in all lands in every-Village in that area, from
time to time, by the Recording Authority in such manner and thereafter
maintained in such form, as may be prescribed and such record of rights shall
contain the following paticulars namely:
(a)
The names of all persons who are owners,
Pattadars, Occupants and Mortgagees of the lands;
(b)
the nature and extent of the respective
Rights or interests of such gns and the conditions or liabilities, if any,
attaching thereto
(c)
such other particulars as may be prescribed.
The Government may under
take a special programme for this purpose:
Provided that whenever a
Re-survey/survey is conducted in a Village under the Telangana Survey and
Boundaries Act, 11923 or Telanhana Land Revenue Act, 1317 Fasli or any other
applicabl Law, a new Record of Rights in all land in that village shall be
prepared as per the Re-survey/survey records prepared under the said Laws.
(2)
A separate Record of Rights shall be prepared,
updated and maintained for Abadi and Non-Agricultural lands in such form and
shall contain such details as may be prescribed from the date no by the
Government.
(3)
The Record of Rights referred to in
sub-sections (1) and (2) shall be stored electronically and made available in
RoR portal A physical copy may be taken at such intervals as prescribed by the
Government.-
(4)
The Record of Rights prepared and now being
maintained under the provisions the Telangana Record of Rights in Lamd and
Pattadar Pass Books Act, 2020 in electronic form shall be deemed to have been
prepared and maintained under sub-section (1) until a new Record of Rights is
prepared under the sub-section (1).
(5)
Any person affected by an entry made in such
Record of Rights may, within the prescribed period 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.
(6)
Any person who is in lawful possession of
land and claims rights over it but an entry was not made pertaining to that
land in Record of Rights may, within the prescribed period apply for making a
new entry or 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.
Section 5. Registration and mutation in cases of sale, gifts, mortgage, exchange and partition.
(1)
Any person who intends to transfer or obtain
an interest in agricultural land by way of sale, gift, mortgage, exchange and
partition under a registered document shall apply, through the website
prescribed for this purpose, to the Registrar for allotting available date and
time to present the document as per the convenience of the person.
(2)
The Registrar shall allot the date and time,
intimate to the person and maintain such particulars in the register in
prescribed format.
(3)
The Person mentioned in sub-section (1) shall
submit the transfer document in prescribed form or document prepared and signed
by both parties as prescribed by Law, along with affidavits in the prescribed
formsand Pattadar Pass Book-cum-Title Deeds, on the date and time allotted to
them, before the Registrar. The person mentioned in sub-section (1), from the
prescribed date, shall also submit survey/sub-division map as prescribed along
with the applications.
(4)
In every case where the pattadar and property
particulars in the document are in consonance with the entries in the Record of
Rights and not prohibited for registration under the Telangana Scheduled Areas
Land Transfer Regulation, 1959 and the Telangana Assigned Lands (Prohibition of
Transfers) Act, 1977 or any other State or Central law, and on Payment of Stamp
Duty and Registration fee prescribed as per the Registration Act, 1908 and the
Indian Stamp Act, 1899 respectively and mutation charges prescribed, the Registrar
shall register the document as per the Registration Act, 1908.
(5)
Immediately after the document is registered,
the Tahsildar shall carry out the consequent amendment to the relevant entries
in the Record of Rights duly deleting the land covered by the document from the
account of the transferor and adding the same to the account of the transferee
in case of Sale, Gift, Exchange and Partition.
(6)
In case of mortgage, the charge created may
be recorded in the Record of Rights as prescribed.
(7)
The Recording Authority shall issue a new
Pattadar Pass Book-cum-Title Deed in case of a transferee who does not hold a
Pattadar Pass Book-cum-Title Deed, or a duly updated existing Pattadar Pass
Book-cum-Title Deed, as the case may be, to the transferee and transferor under
the document, instantly after effecting the changes to the Record of Rights.
The Recording Authority shall also furnish extract of changes made as appear in
Record of Rights to transferee as well as to-the transferor.
(8)
The extract of the changes to the Record of
Rights made under sub-section (4) shall be appended to and made part and parcel
of the registered document.
(9)
Any person who intends to transfer or obtain
an interest in non-agricultural or abadi land by way of sale, gift, mortgage,
exchange and partition shall get the document registered with the Sub-Registrar
as per the Registration Act, 1908, and the mutation in record of rights for
such lands shall be done as per the provisions contained in the Telangana
Panchayat Raj Act, 2018, the Telangana Municipalities Act, 2019 and the Greater
Hyderabad Municipal Corporation Act, 1955.
Section 6. Regularisation of un-registered Transactions.
(1)
Notwithstanding anything contained in this
Act, or any other Law for the time being in force, where any small or marginal
farmer acquired Rights over Agricultural land by virtue of an alienation or
transfer made or effected otherwise than by a registered document before
02-06-2014, evidencing possession for more than twelve years and an application
is submitted under the Telangana Rights in Land and Pattadar Pass Books Act,
1971 from 12-10-2020 to 10-11 -2020, for issue of a certificate to the alienee
or the transferee declaring that such alienation or transfer is valid, the
Government may order, by notification, the processing of these applications for
regularisation of unregistered transactions.
(2)
On issue of such notification, the Revenue
Divisional Officer shall within the prescribed period, after making such
enquiry as may be prescribed as to the transfer or alienation and to ascertain
that the alienation or transfer is not in contravention: of the provisions of
the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, the
Urban Land (Ceiling and Regulation) Act, 1976, the Telangana Scheduled Areas Land
Transfer Regulation, 1959 and the Telangana Assigned Lands (Prohibition of
Transfers) Act, 1977 and upon payment of such stamp duty and registrationfees,
as may be prescribed, 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 be evidence of such alienation or
transfer as against the alienor or transferor or any person claiming interest
under him.
(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 Telangana Land Reforms
(Ceiling on Agricultural Holdings) Act, 1973, the Urban Land (Ceiling and
Regulation) Act, 1976, the Telangana Scheduled Areas Land Transfer Regulation,
1959 and the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977.
Section 7. Multationin case of will and succession.
(1)
Any person or persons who acquire rights over
land through Will, Inheritance / Succession-intestate or testamentary .and
seeking mutaton shall make an application in the prescribed format to the
Tahsildar through the website prescribed for this purpose, duly paying the
prescribed fees. A joint statement shall be submitted by the legal heirs in
case of intestate succession. It shall be compulsory, from the date as may be
prescribed, to submit survey/sub-division map as prescribed along with the
application.
(2)
On receipt of the application, the Tahsildar
shall within the time prescribed, determine as to whether, and if so in what
manner, the Record of Rights may be amended in consequence thereof and shall
carry out the amendment in the Record of Rights in accordance with such
determination: Provided that no order refusing to make an amendment in.Record
of Rights shall be passed unless the person making such application has been
given an opportunity of making a representation in that behalf.
Provided further that the
Record of Rights is deemed to have been amended if no order is passed within
the prescribed period.
(3)
The Tahsildar shall, before carrying out any
amendment in the Record of Rights under 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 there by 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 Tahsildar 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 persons concerned.
(5)
The mutation in Record of Rights pertaining
to non-agricultural or abadi lands, under this section, shall be done as per
the provisions contained in the Telangana Panchayat Raj Act, 2018, the
Telangana Municipalities Act, 2019 and the Greater Hyderabad Municipal
Corporation Act, 1955.
Section 8. Mutation in other cases.
(1)
Any person or persons who acquire rights over
land through various modes stated in clauses (h) and (s) of sub-section (12) of
section 2, and seeking mutation shall make an application in the prescribed
format to the Revenue Divisional Officer through the website prescribed for
this purpose. It shall be compulsory, from the prescribed date, to submit
survey/sub-division map along with the application.
(2)
On receipt of the application, the Revenue
Divisional Officer shall, within the time prescribed determine, as to whether,
and if so in what manner, the Record of Rights may be amended in cpnsequence
thereof and shall carry out the amendment in the Record of Rights in accordance
with such determination:
Provided that no order
refusing to make an amendment in Record of Rights shall be passed unless the
applicant has been given an opportunity of making a representation in that behalf.
(3)
The Revenue Divisional Officer shall, before
carrying out any amendment in the Record of Rights under sub-section (2) shall
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
Revenue Divisional Officer 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 persons concerned.
Section 9. Bhudhaar.
(1)
Every parcel of land to which the Act applies
shall be assigned automatically a Bhudhaar, in such manner as may be
prescribed:
Provided that the manner of
the assigning permanent Bhudhaar shall take into consideration the geographical
location of the parcel of the land, its shape determined by the coordinates of
its corner points, ownership as per the Record of Rights.
Provided further that
Bhudhaar Numbers both temporary and permanent from specially reserved series my
be assigned to parcels of land belonging Government, Central or State, Local
Bodies, or Community, or land classified as Endowment or Wakf.
(2)
Bhudhaar Cards both temporary and permanent
shall be generated in respect of all the parcels of the land to which Bhudhaar
have been assigned and shall be made accessible online to the Pattadars or
owners of such land, in such manner as may be prescribed from the date notified
by the Government.
(3)
A single Bhudhaar Card may be issued for all
the parcels of land held by the same pattadar as may be prescribed from the
date notified by the Government.
Section 10. Pattadar Pass Book cum Title Deed.
(1)
All the persons whose names are entered in Record
of Rights as owners shall be given Pattadar Pass Book-cum-Title Deed by the
Tahsiidar or any other authorised officer. Any person claiming Pattadar Pass
Book-cum-Title Deed may apply for issue of a Pattadar Pass Book-cum-Title Deed
to the Tahsiidar or such authorised officer, on payment of such fee as may be
prescribed.
(2)
On making such application or suo-moto, the
Tahsiidar or such authorised officer, shall by following the procedure as may
be prescribed, shall issue a Pattadar Pass Book cum Title Deed in accordance
with the Record of Rights with such particulars and in such form as may be
prescribed and this shall include survey / sub-division map from the prescribed
date.
(3)
Pattadar Pass Book cum Title Deed issued
under the Telangana Rights in Land and Pattadar Pass Books Act, 2020 shall be
deemed to be issued under sub section (2).
(4)
The entries in the Pattadar Pass Book cum
Title Deed may be corrected on an application made to the Tahsiidar or such
authorised officer in the manner prescribed.
(5)
The Pattadar Pass Book-cum-Title Deed issued
under sub-section (2) and duly certified by the Tahsiidar, or such authorised
authority, shall be Pattadar Pass Book-cum-Title Deed in.respect of a
pattadar-owner 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 document registered in accordance with
the provisions of the Registration Act, 1908 has, under the Law.
(6)
Any loan granted by any credit agency, every
encumbrance of land for the grant of a loan and: every repayment of such loan,
may be recorded in electronically maintained Record of Rights 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,. The credit agency shall not insist the production of physical Pattadar
Pass book-cum-Title Deed for granting of loan.
(7)
Every loan referred to in sub-section (6)
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 (6) remains unrecovered,
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 (6) 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.
(8)
The Registering authority, appointed under
the Registration Act, 1908, shall affect the registrations on the basis of
entries made in the Record of Rights maintained electronically and shall not
insist on production of physical Pattadar Pass Bopk-cum Title Deed.
Section 11. Presumption of correctness of entries in Record of Rights.
Every entry in the Record of
Rights shall be presumed to be true and correct until the contrary is proved or
until it is otherwise amended in accordance with the provisions of this Act.
Section 12. Copies of Record of Rights.
The extract of Record of
Rights in the prescribed form shall be made available in an online web portal
and certified copies thereof or certified extracts there from shall be given to
all persons including the credit agencies applying for the same on payment of
such fees as may be prescribed.
Section 13. Entry in Village Accounts and Survey Records.
(1)
The Record of Rights as prepared under
section 4 and as may be updated as per section 5,6,7 and 8 may be incorporated
electronically in the Village Accounts / Revenue Records, subject to such
amendments, as may be necessary, on appeal or revision, as the case may be.
(2)
Survey Numbers may be divided into as many
sub-divisions as may be required and the survey maps may be updated as per the
sections"4, 5, 6, 7 and 8 of the Act.
Section 14. Land Tribunals.
The Government may, by
notification in the official gazette, constitute one or more Land Tribunals
with such composition and at such, places for such area or areas, as may be
specified in the notification.
Provided that until such
Land Tribunal is constituted or established or when there is a vacancy in the
Land Tribunal so constituted, the Commissioner shall be deemed to be Land
Tribunal for the| entire State or for such area, as the case may be.
Section 15. Appeal.
(1)
Against every order of the Tahsildar or
Sub-Registrar either making an amendment in the Record of Rights or refusing to
make such an amendment under sub- section (5) or (9) of section 5, or
sub-section (2) of section 7, an appeal shall lie to the Revenue Divisional
Officer, within a period of sixty days from the date of communication of the
said order.
(2)
Against every order of the Revenue Divisional
Officer either making an amendment in the Record of Rights or refusing to make
such an amendment under sub-section (2) of section 6 or sub-section (2) of
section 8, an appeal shall lie to the District Collector, within a period of
sixty days from the date of communication of the said order.
(3)
On every decision under sub-section (2) of
section 9 to issue Bhudhaar Card and under sub-section (2) of section 10 to
issue Pattadar Pass Book-cum-Title Deed, an appeal shall lie to the Revenue
Divisional Officer, within a period of sixty days from the date of
communication of the said decision.
(4)
On the orders passed in appeal by the Revenue
Divisional Officer-under sub-sections (1) and (3) of section 15, a second
appeal may be filed before the District Collector within a period of thirty
days from the date of communication of the said orders and the decision of the
District Collector thereon shall be final.
(5)
On the orders passed in appeal by the
District Collector under sub-section (2) of section 15, a second appeal may be
filed before the Land Tribunal within a period of thirty days from the date of
communication of the said orders and the decision of the Land Tribunal thereon
shall. be final and conclusive.
(6)
On the orders passed by the prescribed
officer under sub-section (5) or (6) of section 4, an appeal may be filed,
within a period of thirty days from the date of communication of the said
order, before,-
(a)
the Revenue Divisional Officer, if the
prescribed officer, who passed the orders, is Tahsildar; or
(b)
the District Collector, if the prescribed
officer, who passed the orders, is Revenue Divisional Officer; or
(c)
the Land Tribunal, if the prescribed officer,
who passed the orders, is District Collector, and the said appellate authority
may, after due inquiry, pass orders on such appeal.
(7)
On the orders passed by the prescribed
officer under sub-section (6) of section 15, a second appeal may be filed,
within a period of thirty days from the date of communication of the said
order, before,-
(a)
the District Collector, if the appellate
authority is Revenue Divisional officer;
(b)
the Land Tribunal, if the appellate authority
is District Collector and the decision of the said authority thereon shall be
final and conclusive.
(8)
The Government, may take necessary measures
to provide free legal services to the farmers who are not in a position to file
appeal before the Tribunal or the Appellate Authority under section 14.
Section 16. Revision.
The Commissioner may, either
suo-moto or on application made, in case of lands pertaining to Government,
Endowments, Wakf or Bhoodan, or where there is any Government, Endowments, Wakf
or Bhoodan interest involved or.where the lands are assigned or lavuni lands or
any other category land as notified by the Government, wherein the Record of
Rights pertaining to such lands are changed fraudulently or by playing mischief
or against the provisions of any State or Centra! law, call for and examine the
record of any recording or appellate authority in respect of any Record of
Rights prepared or maintained to satisfy 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 Commissioner that any such
decision, order or proceedings should be modified, annulled or reversed or
remitted for reconsideration, the Commissioner may pass orders accordingly:
Provided that no such order
adversely affecting any person shall be passed under this section unless the
aggrieved person is given a prior notice and provided an opportunity of making
a representation.
Section 17. Powers of Recording, Appeal and Revision Authorities.
(1)
A recording authority or appellate or
revisional authority, for the purpose of holding any enquiry under this Act, shall
have the same powers as are vested in a Civil Court under the Code of Civil
Procedure, 1908, when trying a suit in respect of the following matters, viz.,
(a)
summoning and enforcing the attendance of any
person and examining him on oath;
(b)
requiring the discovery, inspection 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 the Act.
Section 18. Jurisdiction of Civil Courts.
If any person is aggrieved
as to any right 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, and the entry in the Record of Rights shall be
amended in accordance with any such declaration.
Section 19. Protection of officers against prosecution in good faith.
(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)
No criminal action shall be taken or
initiated against any officer of Government on their actions taken in bonafide
belief and good faith under this Act.
Section 20. Punishments for contravention.
(1)
On complaint or otherwise as regards the
issue of Pattadar Pass Book-cum-Title Deed fraudulently in respect of
Government land, the Commissioner shall cancel the Pattadar Pass Book-cum-Title
Deed and resume the land under law and to take disciplinary action against the
Tahsildar and officers concerned besides initiating criminal prosecution,
against those responsible, as per applicable laws.
(2)
Every Officer acting under or in pursuance of
the provisions of this Act or under the rules made there under shall be deemed
to be a public servant within the meaning of clause (28) of section 2 of the
Bharatiya Nyaya Sanhita, 2023.
(3)
Whoever being a public servant tampers with
Record of Rights or passes an order which is fraudulent, shall be liable for
the penalty of removal or dismissal from service besides criminal prosecution
as per applicable laws.
Section 21. Power to make rules.
(1)
The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2)
In particular, and without prejudice to the
generality of the foregoing power, 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 compiled 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, map and plans to be maintained forthe purposes of this Act and the
manner and forms in which they shall be prepared and maintained;
(c)
regulating the manner of preparation, issue,
maintenance and renewal of Pattadar Pass Book-cum-Title Deed;
(d)
the inspection of the records, registers and
documents maintained under this Act and the fees for the grant of copies
thereof or extracts therefrom;
(e)
the procedure to be followed in making
enquires and hearing appeals under this Act;
(f)
the manner in which appeals shall be filed
and the fees therefor;
(g)
the manner of service of any notice,
intimation or other communication to be issued under this Act;
(h)
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 22. Power to remove difficulties.
If any difficulty arises in
giving effect to any provision of this Act, the Government may, as occasion may
require, may by an order published in the gazette, do anything or make such
provisions not inconsistent with the provisions of this Act, as appear to them
to be necessary or expedient for the purpose of removing the difficulty.
Section 23. Repeal and Saving.
(1)
The Telangana Rights in Land and Pattadar
Pass Books Act, 2020 is hereby repealed:
Provided that the provisions
of section 8 of the Telangana General Clauses Act, 1891 shall be applicable in
respect of the repeal of the said enactment, standing orders and other
provisions of Law, and section 8 and 18 of the said Act shall be applicable as
if the enactment, standing orders, provisions of law had been repealed and
re-enacted by this Act.
(2)
The word "Dharani" or "Dharani
Portal" found in the Telangana Panchayat Raj Act, 2018 or the Telangana
Municipalities Act, 2019 or the Greater Hyderabad Municipal Corporation Act,
1955 or any other Act shall be replaced with "RoR Portal".
(3)
Any action taken or decision made under-the
Telangana Rights in Land and Pattadar Pass Books Act, 2020 until it was in
force shall be valid and enforceable as if the said Act is in force.