The A.P.Rights in Land and Pattadar Pass Books Act, 1971

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THE A.P.

RIGHTS IN LAND AND PATTADAR


PASS BOOKS ACT, 1971
Act No.26 of 1971

THE ANDHRA PRADESH RIGHTS IN LAND AND


PATTADAR PASS BOOKS RULES, 1989
By
B.Ramaiah, I.A.S., ( Retd )

1
AMENDMENTS TO THE ACT

Act No.11 of 1980

Act No.1 of 1989


Act No.24 of 1989

Act No.9 of 1994

Act No.16 of 2001

Act No.20 of 2011.

 Act 10 of 2016
2
OBJECTIVES
 A.P.(Telanagana Area) Record of Rights in Land
Regulation, 1358 F was in force.

 No similar enactment in Andhra Area.

 To have single Legislation through out the State.

 Changes / Mutations are not being effected / names of


diseased persons are continued in Revenue Records – to
effect such changes.

 To provide one document to farmers to get Agricultural


loans.

 Regulation of unregistered alienations or other transfers3 .


IMPORTANT DEFINITIONS
 ―Collector‖ means the Collector of a district and includes
―Joint Collector‖; Sec.2(2)

 ―Land‖ means land which is used or is capable of being


used for purposes of agriculture, including horticulture
but does not include land used exclusively for non-
agricultural purposes; Sec.2(4)

 ―Occupant‖ means a person in actual possession of land,


other than a tenant or a usufructuary mortgagee. Sec.2(6)

 ―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; Sec.2(6)(9)
Contd…. 4
IMPORTANT DEFINITIONS –contd
 ―Pattadar‖ includes every person who holds land directly
under the Government under a patta whose name is
registered in the land revenue accounts of the
Government as pattadar and who is liable to pay land
revenue. Sec.2(7)

 ―Record of Rights‖ means records prepared and


maintained under the provisions, or for the purposes of
ROR Act; Sec.2(9)

 ―Recording Authority‖ means such officer of the Revenue


Department as may be notified by the Collector [or the
Commissioner] to be the recording authority for the
purposes of the Act; Sec.2(11)

Contd…. 5
IMPORTANT ASPECTS
 Preparation of Record of Rights for every village.

 Rectification of errors

 Continuous up-dation.

 Appellate and Revision Authorities.

6
PREPARATION OF RECORD OF RIGHTS
Section 3
 Commissioner(Survey and Settlements) issues Notification
for taking up of the preparation. Rule 4(ii)

 Preparation by Recording Authority.

 Recording Authority is appointed for every village. Sec.2(10)

 Same Officer may be appointed as Recording Authority for


more than one village.

 The Mandal Revenue Officer, Special Dy.Tahsildar(ROR),


Revenue Inspector(ROR), Senior Assistant(ROR) were
appointed as Recording Authorities.
Contd….
7
PREPARATION OF RECORD OF RIGHTS ---- Contd

 R.A . issues notification in Form-II calling for applications Rule 5(2)


 Receives applications in Form-IA. Rule 5 (1) (iii)

 The details of land for which Rights are Claimed are to be


incorporated in the application.

 Already recorded as Pattadrs – those who acquired rights , but


no mutation has taken place, can file application

 Legal heirs of pattadars, Purchased through Registered


Documents / Gifts , acquired through court orders can apply .

Contd…. 8
PREPARATION OF RECORD OF RIGHTS ------ Contd

 Applications are entered in a Register in Form-IIA. Rule6(1)

 R. A Conducts the required enquiry.

 Summons the persons required, calls for documents and


inspects the land, if necessary. Rule 6(8)

 Finally passes the order.

Contd…. 9
PREPARATION OF RECORD OF RIGHTS - contd
IMPORTANT ASPECTS TO BE ADHERED TO WHILE DISPOSING THE CLAIMS

 It must be ensured that the clear transfer of property is there to


the claimant from the registered holder of the land.

 The Recording Authority is not the Adjudication Authority.


 The claimant must also be in physical possession over the land.

 If it is by succession, the joint statement by all the legal heir


shall be recorded.

 The claimant shall possess undisputed title and unambiguous


possession over the land.

10
PREPARATION OF RECORD OF RIGHTS - contd
CLAIMS SHALL NOT BE ACCEPTED WHEN THEY ARE IN CONTRAVENTION OF
SPECIFIC ACTS

 The Andhra Pradesh Land Reforms (Ceiling on Agricultural


Holdings) Act, 1973.

 The Urban Land (Ceiling and Regulation) Act, 1976.

 The Andhra Pradesh Assigned Land (Prohibition of Transfer)


Act, 1977.

 The Andhra Pradesh Scheduled Areas Land Transfer


Regulations Act,1959

 If a civil suit is pending, the claims shall not be disposed of.


11
PREPARATION OF RECORD OF RIGHTS - contd

 Govt Lands , Lands used for Non Agricultural Purposes


should not be covered Sec 2(4) and 12

 R A Receives the certificates in Form-XIIIB issued by the


Mandal Revenue Officer accepting the claims relating to
acquiring of Right over the land through unregistered
documents or by other means Rule 22 (5) (ii)

12
REGULARIZATION OF TRANSACTION THROUGH
UNREGISTERED DOCUMENTS OR BY OTHER MEANS
SEC.5 (A), RULE 22

 The Mandal Revenue Officer / Tahsildar is competent.

 He publishes a notification in Form-IX calling for claims


for regularisation.

 Form-IX and Form-II are issued independently and


separately( BY M R O and R A Respectively).

 Claims are received in Form-X.

 The claims are entered in the register. Form XA

Contd…. 13
REGULARIZATION OF TRANSACTION THROUGH
UNREGISTERED DOCUMENTS OR BY OTHER MEANS– contd

 Acquired by 31.07.1989 are covered .


 But later extended to cover cases acquired up to
31.12.2000 only in certain cases .
 Date of filing has been extended a number of times –
finally 28.02.2009 covering only certain cases.
 Once again opportunity was given to file claims for
FIFTEEN DAYS FROM 21.06.2018 -- GO 321 , 21.6.18--
extended to 31.12.2018 by GO .
 Notice to be issued to the alienor or trasnferor in Form-XI.

 General notice to whom so ever apply is issued in Form-


XII.

 MRO / Tahsildar Conducts enquiry, ensures physical


possession and passes order. Contd…. 14
REGULARIZATION OF TRANSACTION THROUGH
UNREGISTERED DOCUMENTS OR BY OTHER MEANS– contd

 No claim is entitled if the claim is in contravention of the specific


acts. COAH Act, POT Act, LTR Act, ULC Act

 It must be ensured that the transaction has taken place on the


date of transaction being claimed.

 Corroborative evidence to be there , Public enquiry ( w e f


24.1.2012)

 No claim is decided if civil suit is pending.

 Finally MRO disposes the claim – Accepting / rejecting

Contd…. 15
REGULARIZATION OF TRANSACTION THROUGH
UNREGISTERED DOCUMENTS OR BY OTHER MEANS– contd
 M R O Addresses the Sub –Registrar in Form-XIIIA to furnish value
of stamp duty and registration fee.

 Stamp duty and registration fee as prevailed as on the date of


transaction are to be obtained.

 The stamp duty and registration fee to be informed to the claimant- to


be paid in one month.

 Once stamp duty and registration fee are remitted, a certificate in


Form-XIIIB to be issued.

 One copy of XIIIB is sent to the Recording Authority.

 Particulars of regularisation to be intimated to the Sub-Registrar


concerned in Form-XIII C
16
PREPARATION OF ROR

 The Recording Authority prepares the draft Rights in Land in


Form-I. Rule 3 - 9

 The important Columns in Form-I are

Suvery Name of the name of


Patta
No. and Pattadar with the owner Extent Name(s)
No. (or)
Particulars Sub- Extent father/ with father/ held by of
Khata
division husban's husband's owner occupants
No.
No. name name
1 2 3 6 7 8 9 15

Contd…. 17
PREPARATION OF ROR – contd

 Entries in Column No.2, 3, 6 & 7 are entered as they are in the


Pahani/Adangal existing before ROR record is prepared.

 There may be one or more persons recorded as pattadars in Column


No.7.

 The extent of land shown in Column No.3 belongs to the persons


recorded in Column No.7 before ROR is taken up
.

 The patta No./Khata No. is the patta No. existing prior to preparation
ROR record for the land as per Choufasla / 10 (1) Account.

--contd 18
PREPARATION OF ROR – contd

 The name (s) of the persons who have been decided to be rightful
owners as per orders passed in claims in Form-IA and as per
certificates issued in Form XIII B have to be entered in Column No.8.

 The extent for which the person shown in Column No.8 is entitled as
owner is recorded in Column No.9.

 The sum of extents in Column No.9 shall be equal to the extent


shown in Column No.3

 The persons actually in occupation of the land shown in Column.No.9


are entered in Column No.15

--contd

19
 Illustration - I
name of the
Suvery No. Name of the
Patta No. owner with
and Sub- Extent in Pattadar with Extent held Name(s) of
(or) father/
division acres father/ husban's by owner occupants
Khata No. husband's
No. name
name
2 3 6 7 8 9 15
63/4 4.34 43 A,B A 0.67 A
X 1.12 C
Y 1.07 Y
Z 1. 48 Z

 Illustration - II
name of the
Suvery No. Name of the
Patta No. owner with
and Sub- Extent in Pattadar with Extent held Name(s) of
(or) father/
division acres father/ husban's by owner occupants
Khata No. husband's
No. name
name
2 3 6 7 8 9 15
103/5 6.02 12 X D 1.00 D
E 1.50 E
F 1.75 F
G 2.77 K
20
Contd….
PUBLICATION OF ROR

 The Recording Authority publishes as regards to


preparation Draft ROR in Form-III. Rule 10 (2)

 Objections are called for.

 Objections to be filled within 22 days in


Form-IIIA Rule 10 (4)

 The objections are entered in the register in Form-IIIB.


Rule 10(4)

 R A Holds necessary enquiry on the objections. Rule 11

 Makes relevant changes. Rule 11 (3)


21
--contd
PUBLICATION OF ROR --contd

 Grama Sabhas are held by designated officers –of the


cadre of Deputy Collectors .

 Final ROR is prepared by the R A in the same format


Form I

 The list of owners as found in Col.No.9 of draft ROR is


prepared in alphabetical order.

 R A Issues Khata Nos. to all such owners.

 Final Publication in Form-IV. Sec.3 (2), Rule 14 (1)

 Notices are called for in Form-V for rectifications on the entries


22
in final ROR prepared in Form-I. Sec.3 (3), Rule 16 (2)
ILLUSTRATION OF FINAL ROR IN FORM-I
 Illustration - I
name of the
Name of the
Suvery No. Patta No. owner with
Extent in Pattadar with Extent held Name(s) of
and Sub- (or) father/
acres father/ husban's by owner occupants
division Khata No. husband's
name
No. name
2 3 6 7 8 9 15
63/4A 0.67 12 A A 0.67 A
63/4AA 1.12 209 X X 1.12 C
63/4E 1.07 312 Y Y 1.07 Y
63/4EE 1. 48 410 Z Z 1. 48 Z

 Illustration - II
name of the
Name of the
Suvery No. Patta No. owner with
Extent in Pattadar with Extent held Name(s) of
and Sub- (or) father/
acres father/ husban's by owner occupants
division Khata No. husband's
name
No. name
2 3 6 7 8 9 15
103/5A 1.00 12 D D 1.00 D
103/5AA 1.50 29 E E 1.50 E
103/5E 1.75 34 F F 1.75 F
103/5EE 2.77 42 G G 2.77 G 23
ROR 1B RECORD, PATTADAR PASS BOOKS AND
TITLE DEEDS
 Once Form-IV is published, ROR 1B record has to be prepared.
Rule 14 (a)
 The lands held by the persons in different survey numbers are
entered at one place,

 The record is prepared Khata-wise.

 It is simply an extract of ROR-I register.

 Lands held by those who are recorded as pattadars, owners and are
in possession as per ROR-I register alone have to be brought into
ROR 1B register.

 The pattadar Pass Book, Title Deed are replica of the entries
pertaining to specific Khatadar in ROR-1B register.

 The pattadar pass book being Form-XIVB and the title deed
in Form -XIVA Rule 26 (4 and 7)
Contd…. 24
ROR 1B RECORD, PATTADAR PASS BOOKS AND
TITLE DEEDS –contd.
 The entries in pass book and title deed are verified.

 The total extent entered in PPB, TD has to be recorded


and the Tahsildar to attest the same.

 In case - the land is assigned land – specific entry


―assigned land – transfer prohibited‖ to be made against
the entry of the land in specific survey number.

 The photo of the farmer to be pasted and attested by the


MRO.

 The signature of the holder of the PPB/TD to be obtained.


---contd
25
ROR 1B RECORD, PATTADAR PASS BOOKS AND
TITLE DEEDS
 The VAO/VRO and the MRO/Tahsildar to sign in the pass
book and title deed.

 The registration value to be entered.

 The signature of RDO to be obtained in title deed.

 Acknowledgement to be maintained in Form-XVII.

 The cost of PPB and TD is Rs 15


Contd…. 26
RECTIFICATION OF ERRORS

 The final ROR is made available for inspection to


anyone.

 Rectification of Entries Sec 3 (3)- Rules 15-17

 Persons aggrieved may apply for rectification to MRO


 Application to be made in Form-V in one year.

 It will be verified and final action is taken.

27
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR
(UPDATION OF ROR- MAINTANANCE OF RECORDS OF RIGHTS )

 Significant Changes – Act 10/ 2016 – Rules amended vide GO –


GO 271 , Rev(EA &AR) Dept , 01.07.2016
 ROR IS PREPARED IN FORM-I –MAINTAINED IN FORM-IB
--Rule 3
 The relevant legal provisions must be read, understood
thoroughly.
 Sections 4, 5 and 6 of AP. Rights in Land and Pattadar Pass
Books Act, 1971.

 Rules 16, 17 and 18 of AP. Rights in Land and Pattadar


Pass Books Rules , 1989.

Contd…. 28
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR --contd
 Receipt of claims from farmers in form VIA.
—through Meeseva / On line GO 271

 Issue of receipts to farmers in Form VIC.

 Entry of the details in Form VII.

 Receipt of information in form VIB from the concerned Sub


Registrars as regards to registrations that have taken place
during last five years- Electronically . GO 271
 Intimated by Revenue Officer in FORM VI D GO 271

 Entry of the details of information pertaining to the claims


received in Form VIB in in Form XVI .
Contd…. 29
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR --contd

 If claim is filed in Form VIA , in Form VIB in form VI D for the


same case, preferably claim in VIA be considered.

 Each claim to be dealt in a separate file.

 Display of notice and sending of copies of notices to the


interested persons in Form VIII. Generated electronically –
Draft AMENDMENT IN ROR-IB to be enclosed – it becomes
final if no objections are received Rule 19(1)
 Receipt of objections filed within 15 days. Rule 19(1)
 If relevant documents are not filed, endorsement be given
without waiting for 15 days and without issue of Form VIII.

Contd…. 30
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR (UPDATION OF ROR) --contd

 Title Deed cum PPB issued to Pattadars and owners. Rule 26(2)

 It is not compulsory to obtain Title Deed cum PPB


Sec 6B (1), Rule 26(3)
 Title Deed cum PPB prepared electronically in Form –XIV.
Rule 26(4)
 The Registration Authority shall not insist for Title Deed cum
PPB Rule 26(3)
 e-Title Deed cum PPB is signed by Tahsildar digitally Rule 26(7)
 Acquisition through Court - Title Deed cum PPB issued on
collection of Stamp Duty and Registration Fee. Rule 27
 Signature of VRO deleted from Form XIV.

Contd…. 31
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR --contd

Certain factors to be observed.


 It must be remembered that the Tahsildar is not the
Adjudicating Authority as regards to title over the land and
he must rely upon the valid documents produced.

 There must be clear valid transfer of title from the person


whose name is there as Pattadar in the present adangals to
the claimant.
 Whenever the claim is by way of succession, all legal heirs
must produce copies of partition deed or they must give
joint statement before the Tahsildar.
 The possession over the land must be there to the claimant.

Contd…. 32
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR -contd

 It is the responsibility of the Tahsildar to satisfy as


regards to the undisputed title over the land to the
claimant and the claimant is in effective possession over
the land .
 No cases involving the sale of land covered in the
declarations pending under APLR (COAH) Act, 1973 be
validated.
 Not in violation of LTR Act

 No cases involving the sale of assigned land in


contravention of section 3 of A.P.Assigned Lands
(Prohibition of Transfers) Act, 1977 be validated.
Contd…. 33
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR --contd

 No cases involving the land pending for disposal of


claims under section 11a of Estate Abolition Act be
covered.
 No land which is being used for non agricultural purposes
be covered (go through the definition given for the land
under Act in Section 2(4) of A.P.Rights in Land and
Pattadar Pass Books Act, 1971).
 Under no circumstances Government lands are
considered.
 In case of Inam lands, it cannot be considered until ORCs
/ Inam pattas are issued are issued following due
procedure by the competent authority.

Contd…. 34
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR --contd

 It is absolutely required to verify the Fair Adangal / Diglot


and if the land is Government land as per Fair Adangal /
Diglot / Sethwar , it must be ensured that there is valid
title transfer in favour of the claimant. It is generally by
way of assignment and in some cases it may be by way of
assignment / alienation on market value.

 It must also be ensured that the land covered is not the


one acquired by Government for public purposes.
 It must also be ensured that the land covered is not the
surplus land taken possession . However Assignees are
entitled

Contd…. 35
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR --contd

 Once the enquiry is over - Proceedings to be issued –


speaking order.

 Entries be made in Form VII / Form XVI.

 Changes to be effected in ROR-1B.

 Pattadar Pass Books and Title Deeds be issued or the


entries incorporated in the existing Pass Books / Title
Deeds. Now in Title Deed cum PPB .
 The Changes be in the Pass Books and Title Deeds of the
person from whom it is transferred shall also be made
Contd…. 36
COVERAGE OF FURTHER TRANSACTIONS TAKEN PLACE
UNDER ROR --contd

 When assigned land is involved it must be depicted


properly in the entry against the particular survey
number, distinctly recording ―Assigned Land –
Transfer is Prohibited‖ in the Pass Book, Title Deed.

 Entries must be made in Form XVII while issuing Pattadar


Pass Book and Title Deed. / Title Deed cum PPB

 Particulars related to Claims disposed be first entered in


Village Account No.2 and then in Village Account No 3 .

Contd…. 37
APPELLATE AND REVISION AUTHORITIES
 Appeal lies to Revenue Divisional Officer on the orders passed
by MRO/ Tahsildar on disposal of claims in Form-X and Form-
VIA. Sec 5B ( Form x cases)
Sec 5 (5) ( updation)
 RDO/Sub-Collector call for records suo-moto-pass orders –
giving notice and hearing to the parties related to orders
passed under Sec 5 –A(4) - FORM X claims- w e f 24-1.2012
Sec 5 B (2)
Act 20/2011
 Appeal to be filed within 60 days
 Revision lies to the Collector within 90 days Revision can also
be taken SUO-MOTO Sec 9 – Rule 23
 Revision by collector is final – However Suits ------WP can be
filed . ( Sec 8 (2)

38
SOME POINTS TO BE NOTED

 ROR Record in Form-I – NOW in ROR IB- be available for


every village

 Procedure be followed in disposal of Claims in Form VI A

 Receipt of Claims in Form X was extended from time to time-


Extended 31.3.1998

 Further extended to file claims up to 31.03.2008 vide GO Ms


No 77 Rev ( SS-I) Dep , dated 25.01.2008 –and transactions up
to 31.12.2000 are with restrictions – not located in urban
areas and in mandal head quarter villages- only Small
Farmers and Marginal Farmers finally to 28.02.2009 .
 FOR 15 DAYS -----GO 321 dt 21.6.2018 -- 31.12.2018–
certain conditions.
39
GO 321 , REV (EA&AR) DEPT , DT 21.06.2018

 Claims can be filed in Form –X for 15 days / 31.12.2018.

 Stamp duty is exempted up to 5.00 Acs.


 Transfer to have taken place by unregistered deeds prior to
02.06.2014.

 Applicable to Agricutural lands


 Not applicable in urban areas , including Nagara Panchayats.

 Not applicable if contravention from the Acts specified in Sec


5A

40
SOME POINTS TO BE NOTED --contd

 Duplicate Title Deed cum PPB issued when applied-fee


be paid– be endorsed on page 1–Duplicate copy Rule 31

 Fee is Rs 100 -----GO 995,Rev(SS-I),11.07.2011.

 ALL INTIMATIONS / NOTICES SERVED IN PERSON/


ADULT MEMBER OF THE FAMILY / UNDER CERTIFICATE
OF POSTING Rule 29.

41
THANQ

42

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