State of Maharashtra - Act
The Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971
MAHARASHTRA
India
India
The Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971
Rule THE-MAHARASHTRA-LAND-REVENUE-RECORD-OF-RIGHTS-AND-REGISTERS-PREPARATION-AND-MAINTENANCE-RULES-1971 of 1971
- Published on 7 September 1983
- Commenced on 7 September 1983
- [This is the version of this document from 7 September 1983.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971.2. Definition.
3. Form of Record of Rights.
- In areas other than those surveyed under Section 126, a record of rights shall be prepared and maintained in the form of a separate card in Form I for each survey number or, as the case may be, sub-division of a survey number.[Provided that, where the record of rights are maintained by using a suitable storage device as per the provisions of section 148A, the Commissioner shall by notification, specify, from time to time, the software necessary for preparation and maintenance of record of rights in areas other than those surveyed under section 126 in Form 'I' for each survey number, or as the case may be, the sub-division of a survey number. Record of rights so stored on the storage device shall be deemed to be the original copy of record of rights.] [Proviso was added by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007 (M.G.G., part IV-B, pages 1270-1271).]B. Procedure for preparation of the first record of rights in areas other than those surveyed under Section 1264. Issue of notice.
- [(1) Where no record of rights] [Amended by (1) No. UNF. 2267-(A)-R(Spl.), 20.5.1972; M.G.G., part IV-B, 8.6.1972, page 1114 (Corrigendum).] exists in respect of lands in any village and it is to be prepared for the first time, the Talathi of that village shall issue a public notice in Form II calling upon all persons who have any interest in the lands in such villages, furnish to him either in writing or orally, information on all or any of the following points within thirty days from the date of the public, namely :-(i)the survey number and sub-division number, if any, of the land in which he has any interest as holder, occupant, owner, tenant, landlord, mortgagee, Government lessee, assignee of rent or revenue or in any other manner;(ii)the nature of interest in the land, that is to say, whether the land is held as holder, occupant, owner, tenant, landlord, mortgagor, mortgagee, or [assignee] [Amended by (1) No. UNF. 2267-(A)-R(Spl.), 20.5.1972; M.G.G., part IV-B, 8.6.1972, page 1114 (Corrigendum).] or in any other manner;(iii)the tenure on which the land is held, that is to say, whether the land is alienated or un-alienated, and [in case of unalienated land] [Amended by (1) No. UNF. 2267-(A)-R(Spl.), 20.5.1972; M.G.G., part IV-B, 8.6.1972, page 1114 (Corrigendum).], whether held as Occupant-Class I, Occupant-Class II, or as Government lessee;(iv)the encumbrances or charge, if any, on the land, and the name of the holder of such encumbrances or charge.5. Preparation of rough copy of first Record of Rights.
6. Preparation of new records of rights.
7. Rewriting of record of rights.
8. Responsibility for maintenance of record of rights and register of mutations.
- In areas other than those surveyed under Section 126 the Tahsildar shall be responsible for the up-to-date maintenance of the record of rights and of the register of mutations in all villages within his jurisdiction, and for that purpose, for the timely and systematic compliance of the provisions hereinafter appearing.9. Form of acknowledgement of report under Section 149.
- The acknowledgement of the receipt of the report made by any person under Section 149 shall be made in Form VII.10. Form of register of mutations.
- A register of mutations shall be in Form VIII.11. Talathi to make entries in register of mutations.
- As soon as an intimation regarding registration of documents referred to in Section 154 is received by a Talathi, he shall make separate entries in the register of mutations in respect of the mutation effected by each of the said documents.12. Recording mutations in certain cases.
- Where rights in any land are acquired as a result of transfer of such land, and such transfer required the previous permission of the Collector, the Talathi shall require the person making the report to him under Section 149 to produce before him such permission or such evidence of the order by which such permission or evidence is produced, the Talathi shall record this fact at the end of the entry in column 2 of the mutation register. If the permission is obtained but not produced, or such permission is not at all obtained, the Talathi shall record this fact also as aforesaid.13. Pencil indications in record of rights.
- Whenever an entry is made in the register of mutations under sub-section (1) of Section 150 in relation to any land, the Talathi shall indicate, in pencil the number of that mutation entry against the entry relating to that land appearing in the record of rights with the remark that the mutation entry has not been duly certified.[Provided that, where the record of rights are maintained by using a suitable storage device, the Talathi shall indicate the pencil entry in italics and underlined words and letters and also mention, at the bottom of computerised Form VII, a note of mutation pending certification, as a pencil entry, in the italics and underlined words and letters and such note shall be deemed to be the same as taken by pencil.] [Proviso was added by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007.]14. Form of intimation to be given under Section 150.
- The intimation which Talathi is required to give under sub-section (2) of Section 150 shall be in Form IX.15. Form of acknowledgement for objections.
- The acknowledgement for objections received in respect of entries made under [sub-section (1)] [Amended by (1) No. UNF. 2267-(A)-R(Spl.), 20.5.1972; M.G.G., part IV-B, 8.6.1972, page 1114 (Corrigendum).] of Section 150 shall be given in Form X.16. Form of register of disputed cases.
- The register of disputed cases referred to sub-section (3) of Section 150 shall be maintained in Form III.17. Procedure to be followed for certifying entries in register of mutations and deciding disputes.
18. Transfer of certified entries from register of mutations to record of rights.
- Immediately after an entry in the register of mutations is certified, under Rule 17, the Talathi shall record of rights, [and where the record of rights are maintained by using a suitable storage device, the Talathi shall authenticate and update the record of rights on storage device] [These words were inserted by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007.] [and simultaneously copy out the relevant entry in the Khate-Pustika also.] [Added by 7.9.1983.]19. Supervision by Circle Inspector.
- It shall be the duty of a Circle Inspector to visit every village in his Circle and check whether the Talathi has prepared and maintained the mutation register in accordance with the provisions of the Code and these rules; and if it has not been so prepared or maintained, cause it to be so prepared and maintained.E. Record of rights and register of mutations in areas surveyed under Section 126.20. Form of record of rights and register of mutations.
- In areas surveyed under Section 126, a record of rights and register of mutations shall be prepared in the form of "Property Card" prescribed by Rule 7 of the Maharashtra Land Revenue (Village, Town and City Survey) Rule, 1969 and maintained as provided in Rule 21 to 28.21. Responsibility for maintenance of record of rights and register of mutations.
- In areas surveyed under Section 126, the survey officer not below the rank of a [Taluka Inspector of Land Records] [These were substituted for the words 'District Inspector of Land Records' by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007.] shall be responsible for the up-to-date maintenance of record of rights and register of mutations in all surveyed cities, town and villages within his jurisdiction.22. Form of acknowledgement of report under Section 149.
- The acknowledgement of the receipt of the report made by any person under Section 149 shall be made in Form VII.23. Entries in register of mutations.
- The reports and intimations of acquisition or transfer received by the Talathi under sub-section (1) of Section 150, shall be entered by him in the Property Card.24. Notice of mutation.
- As soon as a mutation is entered in the Property Card under Rule 23, the Talathi shall post up a complete copy of the entry in the Village Chavdi or where there is no Chavdi in a conspicuous place in the Village, Town or City. He shall also simultaneously give notice in Form IX to all persons appearing from the Property Card to be interested in the mutation and to any other person whom he has reason to believe to be interested therein, requiring them to send their objections, if any, to the entry either orally or in writing within fifteen days from the date of receipt of such notice.25. Form of acknowledgement for objections and of register of disputed cases.
- The acknowledgement for objections received in response to the notice given under Rule 24 shall be given in Form X and the register of disputed cases in which such objections should be entered shall be in Form III.26. Disposal of disputes and certification.
- The disputes entered in the register of disputed cases shall be decided and the mutations in the Property Card certified by a revenue or survey officer not below the rank of an Aval Karkun in the manner provided in Rule 17.27. Transfer of existing record of rights of Property Card.
- The existing record of rights referred to in Section 159 of such village, towns and cities as may be specified by a revenue or survey officer not below the rank of the Collector in this behalf, shall be transferred to the Property Card in accordance with the procedure prescribed in Rule 18.28. Supervision.
- It shall be the duty of [a survey officer not below the rank of the rank of the Taluka Inspector of Land Records] [Substituted for the words 'a Circle Inspector or a survey officer not below the rank of a Circle Inspector' by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007.] to check whether the Talathi has [prepared] [Amended by (1) No. UNF. 2267-(A)-R(Spl.), 20.5.1972; M.G.G., part IV-B, 8.6.1972, page 1114 (Corrigendum).] and maintained the mutations register in accordance with the provisions of the Code and these rules; and if it has not been so prepared or maintained, cause it to be so prepared and maintained.F. Register of crops, register of persons other than persons deemed to be in possession according to the record of rights and register of tenancies in areas other than those surveyed under Section 126.29. Register of crops.
- A register of crops showing the crops grown in the land and the area in which they are grown shall be maintained in every village. It shall be in the form of a separate card in Form XIII in respect of each survey number or sub-division of a survey number and the contents thereof shall be incorporated at the end of Form I. Entries in the register shall be made every year in the manner provided in Rule 30.30. Procedure of making entries in register of crops.
31. Register of persons in possession other than the persons deemed to be in possession according to the Record of Rights.
32. Register of tenancies.
- A register of tenancies shall be maintained by the Talathi in Form XV for each agricultural year separately. The entries therein shall be tested by the Circle Inspector when he examines the crops, and other officers of higher rank. When any error is discovered by any of these inspecting officers, they may correct it and initial the correct entry :Provided that no entry shall be corrected unless the person affected by such entry is given an opportunity to be heard.G. Miscellaneous provisions applicable to all areas.33. Provision regarding intimation to be given by registering officer.
34. Revenue Officer competent to exercise powers under Section 80 and 81.
35. Preparation of record of rights in areas in which town planning scheme has come into force.
- As soon as a final town planning scheme has come into force in any area under the provisions of the Maharashtra Regional and Town Planning Act, 1966, the Talathi shall prepare a fresh record of rights as to accord with the said scheme. The fresh record of rights so prepared shall be deemed to be the fair copy of the record of right as provided in sub-rule (7) of Rule 5, and all provisions of sub-rules (8), (9), (10) and (11) of Rule 5 shall apply to such record of rights as they apply to the preparation of the first record of rights.36. Corrections in record of rights and register of mutations in consonance with orders of appellate and revisional authorities.
- Whenever in consequence of an order passed by an appellate or revisional authority under the Code, any entry in the record of rights or register of mutations requires to be corrected, the Talathi shall do so indicating specifically in such record or as the case may be, register the number and date of the order passed by the appellate or, as the case may be, revisional authority and indicate the designation of such authority. Such correction shall be made without serving notices on the persons affected by the order.Form I(See Rules 3, 5, 6 and 7)Record of RightsVillage ........................................................................................ Taluka Satara| Survey No. | Sub-division of Survey number | Tenure | Name of occupant | Khata No. | |
| 191 | Local Name of the field | Occupant-class I | 127 | ||
| Name of the tenant | Rent Rs. P. | ||||
| Cultivable area | Hectres | Areas | |||
| 1 | 29 | ||||
| Total | ________________________ | ||||
| 2 | 29 | ||||
| Pot Kharab | |||||
| (un-cultivable). | |||||
| Class (a) | ................ | ||||
| Class (b) | ................ | ||||
| Total | ................ | ||||
| Rs. Ps............... | |||||
| Assessment | |||||
| Judi or special assessment. | Boundary and Survey marks. |
| Serial No. | Serial No in mutation register or rough copy of record ofrights | Survey No. and sub division No. | Date of receipt of objection | Particulars of dispute with names of disputing parties | Decision of Officer |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Serial No. of entry | Nature of right acquired | Survey and sub-division Nos. affected | Initials or remarks by testing officers |
| 1 | 2 | 3 | 4 |
| Serial No. or date of entry in the register ofmutations | Nature of rights acquired | Survey number or sub-division number in whichthe rights have been[acquired] [Amended by (1) No. UNF. 2267-(A)-R(Spl.), 20.5.1972 : M.G.G., part IV-B, 8.6.1972, page 1114 (Corrigendum).] |
| Serial No. of mutation entry | Nature of rights | Survey number and sub-division number affected |
| Details of | |||||||
| Mixed | |||||||
| Year | Season | Code No. of mixture | Irrigated | Unirrigated | Constituted each Crops with area under each | ||
| Name of Crop | Irrigated | Unirrigated | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| H.A. | H.A. |
| Cropped area | ||||||
| Crops area | Pure crops area | |||||
| Name of crop | Irrigated | Un-irrigated | Land not available for cultivation | Source of irrigation | Remarks | |
| Nature | Area | |||||
| 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| H.A. | H.A. | H.A. |
| Serial No. | Survey No. | Sub-division of Survey No. | Khate No. | Year | Name of person in possession of the land other than thepersons recorded in the in the record of rights | Date from which the person in Col. 6 is in possession of theland | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Serial No. | Serial No. of the last year's register | Name of tenant (in Marathi Alphabetical | Name of the landlord | Survey No. and Hissa No. |
| 1 | 2 | 3 | 4 | 5 |
| Area | Assessment | Rent | Serial No. of the entry in the mutation register | Remarks |
| 6 | 7 | 8 | 9 | 10 |
| Serial No. in registration | Name of village in which the land is situated | Nature of the document | Survey No. (or plot No.) and sub-division No.affected by the transaction | Area | Assessment |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Tenure | Name and residence of the executor of thedocument | Name and residence of the person in whose favourthe document is executed | Whether the registered in transaction is by orderof Court or otherwise | Consideration | Date of execution of the document | Remarks |
| 7 | 8 | 9 | 10 | 11 | 12 | 13 |