Section 5 in The Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971
5. Preparation of rough copy of first Record of Rights.
(1)The Talathi shall, on the basis of the information received under Rule 4, or such information as he may collect by making local inquiry, prepare a rough copy of the record of rights, in Form I.(2)If from the information received under Rule 4 or collected by making local inquiry, it appears to the Talathi that there are conflicting claims in respect of any entry proposed to be made in the rough copy, the Talathi shall leave such entry blank and shall be maintained in Form III.(3)The rough copy of the record of rights, prepared under Sub-rule (1) shall, after being checked by the Circle Inspector or a survey officer not below the rank of a Circle Inspector, be published by issuing a notice in Form IV, in the manner provided in Sub-Rule (2) of Rule 4 for inviting objection, if any, to the particulars, entered in the rough copy.(4)If any objection to any particulars entered in the rough copy of the record of rights is received, the Talathi shall record it in a register of disputed cases, and shall serve, individual notices in Form V, on all persons likely to be affected by, or interested in, the objection and inform them by such notice of the nature of the objection and call upon them to be present at the place, on the date and at the time fixed for hearing the objection and for taking decision in respect thereof. Similar notices shall also be served on all persons likely to be interested in the disputes entered in the register of disputed cases under Sub-rule (2).(5)On the date, at the place and the time fixed for having the objections, any revenue or survey officer not below the rank of an Aval Karkun shall read a loud in the presence of the persons assembled, all the particulars entered in the rough copy of the record of rights for the village. He shall then inform them of the lands in respect of which objections and disputes have been raised, and ask them, whether they admit the entries in respect of the remaining lands. If they admit such entries, the revenue or survey officer aforesaid shall record a remark to the effect against such entries in the rough copy. If in respect of any entry, any error is pointed out by any person, and the error is not disputed by any body else, the entry shall be corrected, and a remark to that effect shall be recorded in the rough copy of the record of rights.(6)After following the procedure laid down in sub-rule (5) and after verifying whether notices were duly served by the Talathi as required by sub-rule (4), the said officer shall proceed to decide objections recorded in the register of disputed cases, and record therein his decision in respect of each objection, and shall announce his decision to the persons assembled. Where the said officer finds that notices were not duly served by the Talathi as required by sub-rule (4), he shall postpone his decision, till the procedure laid down in that sub-rule and in sub-rule ()5), is followed.(7)After the decisions are taken by the revenue or survey officer under sub-rule (6), the Talathi shall correct the entries or, as the case may be, fill in the blank entries in the rough copy of the record of rights in red ink according to the said decisions, and shall also prepare a fair copy of the record of rights as so corrected.(8)The fair copy of the record of rights prepared under sub-rule (7) shall be published by issuing a notice in Form VI in the manner provided in sub-rule (2) of Rule 4 for inviting objections if any, to the particulars entered in the fair copy.(9)If any objection to any particulars entered in the fair copy of the record of rights is received from any person, the Talathi shall acknowledge the receipt thereof, and shall server notices on all other persons likely to be affected by, or interested in, the objection informing them of the nature of the objection and calling upon them to the present at the place and on the date and at the time fixed for hearing the objection and taking decision in respect thereof.(10)On the date, at the place and time fixed for hearing the objections, any revenue or survey officer not below the rank of a Deputy Collector shall consider the objection received by the Talathi, and shall take decision thereon after hearing the persons affected by, or interested in, the objection. After the decision is taken, the said Officer shall get the entries in the fair copy of the record of rights corrected in red ink in accordance with the decision taken by him, and authenticate such corrections by his, signature and date in the presence of any revenue or survey officer. When any clerical errors are brought to the notice of the said officer, he shall rectify such errors in a like manner.(11)After the fair copy of the record of rights is corrected as aforesaid, such revenue or survey officer shall cause such portion thereof as the persons present may desire to be read out in their presence, and after carrying out in the manner provided for in sub-rule (10), such correction as he may deem [necessary] [Amended by (1) No. UNF. 2267-(A)-R(Spl.), 20.5.1972; M.G.G., part IV-B, 8.6.1972, page 1114 (Corrigendum).], shall put his signature and date on the fair copy of the record of rights in the presence of any revenue or survey officer and add at the end of the copy a certificate that it has been duly approved and promulgated.C. Preparation of new record of rights in place of existing record of rights in areas other than those surveyed under Section 126.
