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State of Tamilnadu- Act

Tamil Nadu Patta Pass Book Rules, 1987

TAMILNADU
India

Tamil Nadu Patta Pass Book Rules, 1987

Rule TAMIL-NADU-PATTA-PASS-BOOK-RULES-1987 of 1987

  • Published on 10 July 1987
  • Commenced on 10 July 1987
  • [This is the version of this document from 10 July 1987.]
  • [Note: The original publication document is not available and this content could not be verified.]
Tamil Nadu Patta Pass Book Rules, 1987Published vide Notification No. G. O. Ms. No. 1083, Revenue, dated 10th July 1987G. O. Ms. No. 1083, Revenue, dated 10th July 1987. - In exercise of the powers conferred by the Tamil Nadu Patta Pass Book Act, 1983 (Tamil Nadu Act 4 of 1986), the Governor of Tamil Nadu hereby makes the following rules, namely: -

1. Short title.

- These rules may be called the Tamil Nadu Patta Pass Book Rules, 1987.

2. Definitions.

- In these rules, unless the context otherwise requires -
(a)"Act" means the Tamil Nadu Patta Pass Book Act, 1983 (Tamil Nadu Act 4 of 1986);
(b)"section" means the section of the Tamil Nadu Patta Pass Book Act, 1983 (Tamil Nadu Act 4 of 1986);
(c)"Form" means the form appended to these rules;
(d)"notified centre" means the towns which have been notified under the Transfer of Property Act, 1882 (Central Act 4 of 1882);
(f)"area" means a taluk.

3. Publication of notice that the Patta Pass Book is to be issued by the Tahsildar.

(1)The Tahsildar of the area concerned shall publish a notice in Form I in each village comprised in the said area, within fifteen days from the date of publication of the notification under section 1 (3) in the said area, informing the public that a Patta Pass Book is to be issued under the Act to every owner in respect of land owned by him. The notice shall be published in the District Gazette and by beat of tom-tom in every village. A copy of the said notice shall be displayed in the Notice Board of the Panchayat Office, the village cha-vadi, if there be one for the village, and also at the offices of the Firka Revenue Inspectors, the Taluk Office and Revenue Divisional Office of the area and notice shall also be sent to all branches of every credit agency in the area and every credit agency in the nearest notified center.
(2)The application made under section 3(1) shall be in Form II, and submitted within a period of thirty days from the date specified in the notice under section 3(3) of the Act. It shall be delivered at the Taluk Office of the area concerned by the applicant and on delivery, the Tahsildar shall issue to the applicant an acknowledgement which specifies the date of receipt of the application.
(3)The application shall be signed by the owner of the land.

4. Procedure on receipt of application or information.

(1)On receipt of the application or information, the Tahsildar shall make an entry in the "Register of Applications Received" in the order of receipt in Form III. The Register shall be maintained village-wise.
(2)On the basis of the information furnished in the application and as available in the existing land records or obtained otherwise, the Tahsildar shall cause to be served or despatched, under certificate of posting, to the persons having interest on the land a notice in Form IV calling upon them to make representation either orally, or in writing at a specific place on a specified date which shall be not less than fifteen days and forty days later than the date of receipt of the application or information.
(3)On the prescribed date, the Tahsildar shall conduct a summary enquiry. At the enquiry, on consideration of age, literacy and occupation, the Tahsildar may permit an authorised agent of the owner to appear on his behalf to supplement whatever the owner has to state orally or in writing. No legal practitioner in his professional capacity shall be allowed to represent any party at such an enquiry. There shall not be adjournment of the enquiry not more than twice and that adjournment shall be granted only on application made by the parties requesting for adjournment. Reasons for granting or refusing the adjournment shall be recorded by the Tahsildar in writing.
(4)In the event of the Tahsildar being satisfied that a dispute concerning ownership of patta is already pending in a Court or issues are raised before him which impringe on personal laws or laws of succession and all the parties interested do not agree on the ownership in writing, he shall direct the concerned parties to obtain order on the ownership from a competent Civil Court having jurisdiction before changing the entries as already recorded and existing in the various revenue records.
(5)The Tahsildar shall first obtain declaration in Form V from the owner who has not made any application for Patta Pass Book and, then, he shall issue Patta Pass Book in accordance with the provisions of the Act.
(6)[ (i) The Tahsildar shall publish a notice in the District Gazette informing that a copy of Form VII will be available in a conspicuous place in the village for verification for a period of seven days from the date of publication of notice inviting the land owners to file their objections, if any, in writing, to the Tahsildar within twenty-two days from the date of publication of notice and such notice shall also be published in the manner specified in sub-rule (i) of rule 3 on expiry of the period specified in the notice. Further enquiry shall be conducted. If necessary, and Form VII corrected accordingly. Only thereafter, entries in the Register in Form VII shall be made village-wise for the entire taluk.
(ii)The Tahsildar while passing orders shall see that in the cases of land assigned to Scheduled Castes/Scheduled Tribes, under conditional assignment, the conditions under which they are granted are not violated and transfers to non-Scheduled Castes and Scheduled Tribes are not recognised. The Tahsildar shall record in the Register of Patta Pass Book, China and Patta Pass Book in red ink, the condition that the land is non-alienable to a person other than Scheduled Castes/Scheduled Tribes, as the case may be.
(iii)When breach of conditions, if any, are noticed in the cases of lands assigned conditionally, the Tahsildar shall report to the Revenue Divisional Officer for further follow up action for the resumption of such land or lands under the provisions in Revenue Standing Order.]
(7)The person who acquires by succession, survivorship, inheritance, partition, purchase, or otherwise or by decree or order of a Court or by order of the Government or other authority, any right in or over any land as owner shall send a report in writing to the Tahsildar with details of such acquisition of rights. On receipt of such report, the Tahsildar shall make an enquiry in accordance with the procedure set out in these rules for the purpose of modification of entries in the Patta Pass Book already issued or for the purpose of issuing new Patta Pass Book. Within fifteen days of completion of the said enquiry, the Tahsildar shall make arrangement so for issuing orders for modification of entries in the Patta Pass Book or for effecting sub-divisions, if necessary, on collection of sub-division fee-of Rs. 3 (Rupees three only) by way of Court-fee labels and to make necessary entries in the Patta Pass Book or for issue of a new Patta Pass Book or otherwise, as the case may be. The aforesaid order shall be communicated to the parties concerned under certificate of posting or by service in person. A copy of the said order shall be communicated to the office of the Sub-Registrar exercising jurisdiction over the land concerned.

5. Form of Patta Pass Book.

- The Patta Pass Book shall be in Form V-A register of Patta Pass Book shall be maintained at the office of the Tahsildar in Form VII, village-wise for the entire Taluk.

6. Recording of tenancy in Patta Pass Book.

- The Patta Pass Book issued under the Act shall indicate the name(s) of registered tenant(s) as per the provisions of the Tamil Nadu Agricultural Land Record of Tenancy Rights Act, 1969 (Tamil Nadu Act 10 of 1969).

7. Fee for the Patta Pass Book.

- The fee for the issue of Patta Pass Book shall be Rs. 20 (Rupees twenty only) and Rs. 10 (Rupees ten only) for each additional book. The fee shall be paid in respect of each application through Court-fee labels.

8. Fee payable to Registering Authorities for making transfer entries in the Patta Pass Book.

- The Registering authority shall levy a fee of Rs. 7 for making entries in the Patta Pass Book-of every transaction relating to transfer of land. The fee shall be paid in respect of each application through Court-fee labels.

9. Time for causing changes in the Register of Patta Pass Book.

- The Tahsildar shall carry out necessary changes in the Register of Patta Pass Books maintained by him within fifteen days of receipt of the certified extracts of the entries of the transfers under section 5(2) from the Registering Authority or a report under section 7, after satisfying himself as to the correctness of the particulars contained therein. The Tahsildar shall also carry out necessary changes in the Patta Pass Books earlier issued under section 3 or shall issue a new Patta Pass Book if necessary, within a period of fifteen days of production of the Patta Pass Book and on payment of a fee of Rs. 3. No fee shall be payable for making entries in Patta Pass Books already issued. The fee shall be paid in respect of each application and through court fee labels.

10. Certified copies.

- The application for certified copy of entry in the Register of Patta Pass Book shall be made to the Tahsildar in Form V on payment of a fee of Re. 1 per page through Court-fee label. It shall also be accompanied by the required number of copy stamp papers.

11. Entries to be made by credit agencies in the Patta Pass Book.

- The credit agency shall make necessary entries to the particulars of the financial assistance or loan taken by the owners of the land and the charge or mortgage created in respect of the land in the relevant columns of the Patta Pass Book. An extract of the above entries shall be sent by the credit agencies to the Tahsildar within a period of seven days of the transaction. The Tahsildar shall cause the entry to be made in the Register of Patta Pass Books maintained by him.

12. Application for modification of entries in Patta Pass Book.

(1)Applications for modifications of entries in the Patta Pass Book under section 10 of the Act shall be in Form VI and shall be made within ninety days from the date of acquisition of right:Provided that the Tahsildar may, for just and sufficient reasons, allow a further period of exceeding ninety days for making an application for this purpose.
(2)The application under sub-rule (1) shall be affixed with Court-fee labels of Rs. 3 towards fee for this purpose.

13. Persons to furnish information to the Tahsildar.

- Any person whose rights or interest are required to be or has been entered in any Patta Pass Book under the Act shall, on the requisition of the Tahsildar, furnish or produce for his inspection within a period of fifteen days from the date of receipt of the requisition of the particulars and documents for the purpose of the Act.

14. Appeal.

- An appeal against any order of the Tahsildar passed under the Act shall be filed before the officer in charge of Revenue Division in whose jurisdiction the property lies within a period of thirty days from the date of the receipt of the order.

15. Revision on application.

(1)An application under section 13 to the District Revenue Officer or such officer as may be authorised by the Government in this behalf, for revision of an order passed by the Tahsildar or the appellate authority shall be filed within ninety days from the date of receipt of the order.
(2)The District Revenue Officer or such officer as may be authorised by the Government may admit an application for revision presented after expiry of the period mentioned in sub-rule (1), if he is satisfied that the party had just and sufficient use for not presenting it within the said period.Form I[See rule 3(1)]

1. Patta Pass Book under the Tamil Nadu Patta Pass Book Act, 1983 (Tamil Nadu Act 4 of 1986) will be issued to the owners of lands in the Taluk

2. Application forms can be collected from Firka Revenue Inspectors, Village Administrative Officers or Taluk Offices, at the rate of [Re. 1 (Rupee one)] [Substituted by G. O. Ms. No. 262, Revenue (LA-3), dated the 10th August 2001.] per form. The duly filled in application signed by you shall be handed over by you in person or by your Authorised Agent to Headquarters Deputy Tahsildar. He will give you the acknowledgement for it. Alternatively, you may send your application by Registered Post with Acknowledgement Due and the acknowledgement will be issued for receipt of application by post. The application should reach the Taluk Office within the period from.........to......

Place:Date:Tahsildar.
(Date)
(Taluk)Instructions To Applicants
This application and the last date notified above apply to the land in........ TalukIf you own lands in other taluks, please apply to the respective Tahsildars for separate application forms to get pass books for those lands.Form II[See rule 3(1)]District:Taluk:Name of the applicant:
(i)
(a)Name of the father.
(b)Name of the Husband in the case of married women.
(c)Name of the Guardian in the case of minor children.
(ii)Residential address of the applicant.
(a)Does he/she belong to SC/ST/BC.
(b)If so, indicate religion and caste. 4. Particulars of the lands owned by the applicant.
Serial No. Village No. & name Survey No. & Sub-Division No. Extent Local Name if any Classification of land wet/dry/gardenmanavari/ House-site if wet the source of irrigation
(1) (2) (3) (4) (5) (6) (7)
             
Wells, if any Buildings and other permanent structures, ifany Remarks
(8) (9) (10)
     

5. (a) If the applicant is a single owner, furnish the following details of lands owned.

Serial No. Village No. & name Survey No. & sub-Division No. Extent Remarks
(1) (2) (3) (4) (5)
         

5. (b) If the applicant is a joint owner, specify the following.

Serial No. Village No. & name Survey No. & Sub-Division No. Extent Names of all joint owners Share/extent owned by each joint owner sharingwith the applicant Remarks
(1) (2) (3) (4) (5) (6) (7)
             

6. Particulars of lands owned by the applicant but remain in the possession of registered tenants.

Serial No Village No & Name Survey No & Subdivision No. Total extent Extent under tenancy Name(s) of tenant(s) Number & date of orders of the competentAuthority Remarks
(1) (2) (3) (4) (5) (6) (7) (8)
               

7. (a) Particulars of loans taken on the security of land and outstanding and other encumbrances on the lands.

Serial No. Village No &. Name Name of the lending institution Name & date of loan order Amount Details of land given as security
Survey Sub-division Extent
(1) (2) (3) (4) (5) (6) (7) (8)
               
Purpose of the loan Loan amount outstanding as on date Mode of repayment Remarks
Details of instalments still to be paid Details of overdue instalment if any
No. of Instalment Amount Date on which due No. of Instalment Amount Date on which due
(9) (10) (11) (12) (13) (14) (15) (16) (17)
                 
(b)Encumbrances (Mortgages, charges, etc.).
Serial No. Name of the institution/ individual No. & date of loan order Amount Lands given as security Purpose of the loans
Survey Sub-division Extent
(1) (2) (3) (4) (5a) (5b) (5c) (6)
               
Document No. & date of registration ofencumberance deed Details of instalments still remain to be paid Details of overdue instalment, if any Remark
No. of Instalment Amount Date on which due No. of Instalment Amount Date on which due
(7) (8a) (8b) (8c) (9a) (9b) (9c) (10)
               

8. Particulars of lands owned by the applicant single or jointly if any other taluk/taluks and whether any other application had been made for Patta Pass Book, if so, give details as below: -

Serial No. Name of Taluk Village No. & name Survey No. & Subdivision No. Extent Local name, if any
(1) (2) (3) (4) (5) (6)
           
Classification of land wet/dry/garden/Manavari/ house-site if wet. the source of irrigation Wells, if any Buildings & other permanent structure, ifany Remarks
(7) (8) (9) (10) (11)
         
Copies of Document enclosed.
(1)..........
(2)..........
(3)..........Note. - At the time of enquiry, only original documents need to be produced.I hereby declare that the particulars furnished above are true. I am aware of the fact the I am liable to be prosecuted under the law, if any of the above particulars are found to be false.Date:Place:Signature of applicant.Name of person delivering application at Taluk Office, if not delivered via person.AcknowledgmentReceived application Number .............. of...........Taluk from Thiru/Thirumathi/Selvi...........Place:Date:Tahsildar.(Seal)..........Taluk.Form III[See rule 4(1)]Name of Taluk.........Register of Patta Pass Book Applications ReceivedSerial number.....
(a)Name of applicant/s.
(b)Address.
Name of person delivering the application, if given by person, other than the applicant.Date of receipt of the application.; Date of issue/dispatch of acknowledgement.Name of Village(s) & survey No. and Sub-Division of the land for which the Patta Pass Book is requested.Whether the application is in time.Date of publication of notice of enquiry Date of enquiry.Date and nature of final order passed by the Tahsildar.Date of issue of Patta Pass Book.Date of acknowledgment of the applicant.Remarks.(This register should be maintained village-wise)Form IV[See rule 4(2)]Whereas the lands detailed below are found entered in your name in the records available in this Office and whereas you have not applied for the issue of Patta Pass Book as contemplated under section 3(1) of the Tamil Nadu Patta Pass Book Act, 1983 (Tamil Nadu Act 4 of 1986), you are requested to furnish information in the prescribed Form, and make representation, if any, at..........in writing on or before..........20.... for making entries in the Patta Pass Book maintained in this Office.Details of Land
Name of Taluk Village No. & Name(s) Survey No. & Sub-division Extent Description of the land
(1) (2) (3) (4) (5)
         
Date:Place:TahsildarTaluk.Form V[See rule 4(5)]Declaration Under First Proviso To Section 3(7) To The Tamil Nadu Patta Pass Book Act, 1983Pursuant to the first proviso under section 3(7) of the Tamil Nadu Patta Pass Book Act, 1983 (Tamil Nadu Act 4 of 1986), I/ We furnish the following declaration: -I am/We are .....................declare myself/ourselves to the owner/owners of the lands mentioned below: -Name of the Village/Taluk..........Survey No./sub-Division........extent.AcknowledgementSignature.Received application Number.............. of..........Taluk from Thiru/Thirumathi/Selvi.........Place:Date:Tahsildar.(Seal)....... Taluk.Form VI(See rule 12)Application for Modification or Issue of New Patta Pass Book

1. Name of the owner or who wants modification.

2. (i) (a) Name of father.

(b)Name of husband in the case of married woman.
(c)Name of the guardian in the case of minor children.
(ii)Residential Address.

3. (a) Does he/she belong to SC/ST/BC ?

(b)If so, indicate religion and caste.

4. Circumstances necessitating the changes.

5. Serial number of Patta Pass Book already issued in respect of the land.

6. (a) Name of the Village in which the land is situated.

(b)Survey Number and Sub-division number.

7. Name of the Person in whose name, the land stands registered.

8. Name/Names of the person to whom the land should be transferred.

9. Particulars of modification: -

Serial No. Village No. & Name Survey No. & Subdivision No. Extent Local name, if any Name of owner as entered in the Patta PassBook Name of person in whose name to be transferred
(1) (2) (3) (4) (5) (6) (7)
             
Classification of land wet/dry garden/manavari/ . house-site If wet, the source of irrigation Wells, if any Buildings & other permanent structures, ifany Remarks
(8) (9) (10) (11) (12)
         

10. (a) If the applicant is a single owner, furnish the following details: -

Serial No. Village No. & Name Survey No. & Subdivision No. Extent Remarks
(1) (2) (3) (4) (5)
         
(b)If the applicant is a joint owner, specify the following: -
Serial No. Village No. & Name Survey No. & Subdivision No. Extent Names of all joint owners Share/ extent owned by each joint ownersharing with the applicant Remarks
(1) (2) (3) (4) (5) (6) (7)
             

11. Particulars of lands owned by the applicant but remain in the possession of registered tenants.

Serial No. Village No. & Name Survey No. & Subdivision No. Total extent Extent under tenancy Name(s) of tenant(s) Number & date of orders of the competentAuthority Remarks
(1) (2) (3) (4) (5) (6) (7) (8)
               

12.

(a)Particulars of loans taken on the security of land and outstanding and other encumbrances on the lands: -
Serial No. Village No. & Name Name of the lending institution Name & date of Loan order Amount Details of lands given as security
Survey Sub- division Extent
(1) (2) (3) (4) (5) (6) (7) (8)
               
Remarks Loan amount outstanding as on date Details of instalments still remain to be paid Details of overdue instalments, if any Remarks
No. of instalments Amount date on which due No. of Instalment Amount Date on which due
(7) (8) (9a) (9b) (9c) (10a) (10b) (10c) (11)
                 

13. Particulars of lands owned by the applicant singly or jointly, if any, other taluk /taluks and whether any other application had been made for Patta Pass Book, if so, give details as below.

Serial No. Name of Taluk Village No. and Name Survey No. and Sub-division No. Extent Local/name, if any
(1) (2) (3) (4) (5) (6)
           
Classification of land wet/dry/garden/Manavari/house-site If wet, the source of irrigation Wells, if any Buildings and other permanent structure, ifany Remarks
(7) (8) (9) (10) (11)
         
Copies of Document enclosed.
(1).............
(2).............
(3).............Note. - At the time of enquiry, only original documents need be produced. I hereby declare that the particulars furnished above are true. I am aware of the fact that I am liable to be prosecuted under the law, if any, of the above particulars are found to be false.Signature of applicant.Date:Place:Name of person delivering application at Taluk Office, if not delivered in person.Received application Number,............. of..............Taluk from Thiru/Thirumathi/Selvi................Place:Date:Tahsildar,(Seal)..........Taluk.Form VIII(See rule 10)Application For Obtaining Certified Copies of Entries In The Register of Pass Book

1. Name of applicant :

2. Name of taluk :

3. Village number and name :

4. Patta Pass Book Number :

5. Details of extracts, required from the Patta Pass Book Register :

6. The purpose for which required :

7. Amount of fee paid :

(Challan number and date to be noted)Signature of the applicant.[Substituted by G.O.Ms. 178, Revenue, dated the 2nd March 1994.]