State of Andhra Pradesh - Act
The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989
ANDHRA PRADESH
India
India
The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989
Rule THE-ANDHRA-PRADESH-RIGHTS-IN-LAND-AND-PATTADAR-PASS-BOOKS-RULES-1989 of 1989
- Published on 8 June 1989
- Commenced on 8 June 1989
- [This is the version of this document from 8 June 1989.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement:
2.
In these rules, unless the context otherwise requires,-3. [ Form of Record of Rights: [Substituted by G.O.Ms. No. 271, dated 1.7.2016.]
- The Record of Rights shall be prepared initially in From-I and subsequently maintained in From-I B for every separate Revenue Village.]4. Procedure for preparation of Record of Rights and updating of the Record of Rights:-
5.
The Recording Authority shall as soon as may be after the commencement of the Act for the first time and whenever a notification has been issued by the Commissioner to make the Record of Rights up to date in the area in which a village is situate cause to be published separate notices:-(a)[ (i) declaring his intention of preparing a record of rights in lands in the village for the first time, or declaring the intention consequent on the issue of a notification by the Commissioner to make the record of rights up to date in the village by updating the registry of holdings and by splitting up of joint patters etc.] [Substituted by G.O.Ms No. 36, Revenue, dated 15-1-1994. ](ii)declaring his intention consequent on the issue of a notification by the Commissioner to make the record of rights up to date in the village;(iii)by updating the registry of holdings by splitting up of joint pattas etc.;(b)calling upon all persons claiming any interest in any land in the village to furnish either through the village assistant concerned or directly:(i)a statement in writing in duplicate in Form 1-A showing the particulars of the lands in which an interest is claimed; and(ii)the nature of such interest on or before a specified date to be indicated in the notice not being earlier than fifteen days from the date of publication thereof; and(iii)if a person has interest in lands in more than one village in a Mandal or in more than one Mandal in a District, he shall file his claim in Form I-A in triplicate giving the particulars of all the lands in which an interest is claimed Mandalwise and village wise and where a person has interest in lands in only one village, he shall append a certificate to the claim in Form I-A that he does not have interest in lands in any other village in the District;(c)declaring also his intention to hold an enquiry in respect of the above matter in the village on a date to be specified in the notice in this behalf not being earlier than twenty-two days from the date of publication of the notice and calling upon all persons interested to appear before him at the said enquiry on the date so specified.6.
7.
8.
During the course of the enquiry referred to in Rule 6 above the Recording Authority may, if he considers it expedient:9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
[(1) The notice referred to in sub-section (3) of Section 5 of the Act shall be in Form VIII generated electronically. A copy of the draft amendment to From I-B, generated electronically, as per the intimation received shall be enclosed to the notice. While preparing the draft amendment to From I-B, the Procedure for notation of new sub-divisions notionally given in Para 15 of BSO-34A, extracted alongwith illustration in the Annexure, shall be followed.] [Substituted by G.O.Ms. No. 271, dated 1.7.2016.]20.
21.
22. Regularisation of certain alienation or transfers of land:
1. Small Farmer means a person having agricultural land up to 2.5 Acres of Wet or 5 Acres of dry Land.
2. Marginal farmer means a person having Agricultural land up to 1.25 Acres of Wet or 2.5 Acres of dry Land.
Provided that it shall not apply to the alienation's or transfers made in contravention of the provisions of the Acts specified in the proviso to sub-section (2) of Sec. 5-A of the A.P. Rights in Land 'and Pattadar Pass Book Act, 1971] [Substituted by G.O.Ms.No. 826,Revenue(S.S.I). dated 1-7-2008. ].23.
24.
Custody and inspection of the Record of Rights and furnishing of copies thereof and extracts therefrom : (1) The record of rights in Forms 1 and 1-B shall be prepared [in triplicate and also electronically] [Substituted 'in triplicate' by G.O.Ms. No. 271, dated 1.7.2016.]. Two copies have to be kept in the Revenue Mandal Office, one of which is to be kept in the personal custody of the Mandal Revenue Officer. The third copy should be kept in the custody of the Village Assistant of the village.25.
26.
27.
Substituted by G.O.Ms. No. 1.7.2016.[Whenever a COurt decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received from Court or presented to the Tahsildar for implementing and incorporating changes in the Record of Rights and title deed-cum-pass books, the Tahsildar shall incorporate changes in the Record of Rights and title deed-cum-pass books, based on Court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of Court decree claims that he had already paid proper and adequate$$$$$$$$$$$$$$$$$28. Miscellaneous:
- Every Recording Authority, Appellate Authority or other Officer holding an enquiry under the Act shall have, in addition to the powers referred to in Clauses (a) and (b) of Section 10 of the Act the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 when trying a suit for the purpose of entering upon and inspecting any land or taking or causing to take measurements thereof.29.
The service of any notice, intimation of any decision and the communication of any order under the provisions of the Act or these rules shall be effected by giving or tendering a copy of such notice, intimation or order to the person concerned or an adult member of his family or where this is not practicable by sending it to him under certificate of posting.30.
As and when the Record of Rights are prepared or brought up to date or rectified or maintained, such entry shall be brought into the village records.31.
[(1)] [Renumbered as 31(1) by G.O.Ms.No. 36, Revenue (A & R), dated 15-1-1994. ] Any person who [loses] [Corrected by Memo. No. 120010/D.O. (A&R)88-2, Revenue (A&R), dated 8-8-1989. ] a Pass Book issued to him [or whose pass book is mutilated] [Added by ibid. ] can apply to the Mandal Revenue Officer along with his photograph. The Mandal Revenue Officer after collecting the fee prescribed under [sub-rule (12) of Rule 26] [Substituted for the expression 'sub-rule (7) of Rule 26' by G.O.Ms. No. 36, Revenue (A&R), dated 15-1-1994. ], shall issue a duplicate pass book, under acknowledgement, duly endorsing on the 1st page of the pass book that it is a duplicate copy. The issue of a duplicate pass book shall be noted in Form 1-B. In case a duplicate Pass Book is sought to replace a mutilated Pass Book, the mutilated Pass Book shall be surrendered to the Mandal Revenue Officer for cancellation/destruction.32.
Every person proceeding under Sec. 8(2) of the Act shall intimate to the Mandal Revenue Officer concerned the particulars of the suit. The Mandal Revenue Officer shall enter the details of the suit in a register in Form XVIII. On the disposal of the suit, the Party shall communicate a copy of the order on the suit to the Mandal Revenue Officer who shall enter the details in the register in Form XVIII. The register in Form XVIII shall be open for inspection, and the certified extracts of the same shall be granted.33.
The Commissioner, Survey Settlements and Land Records, may, from time to time, issue such orders and instructions as may be necessary for the purpose of explaining these rules, and to implement the provisions of the Act and the rules made thereunder properly.Form - I(See Rules 3 and 9)Form of Record of RightsName of the District :Name of the Division :Name of the Mandel :Name of the Revenue Village :| Sl No. | Survey No. Sub-division No. | Total Extent | Classification | Land Revenue assessment | Patta No. or Khata No. | Name of the Pattadar with father/husband's name |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Particulars of owners and occupants | ||||||
| Owners | Tenants | |||||
| Name of owner with father's/husband's name | Extent held by owner ut of area shown in col.3 | How acquired inheritance/succession survivor-shippurchase/others | Name of the tenant with father's/husband's nameunder the owner mentioned in Col. 8 | Extent held by the tenant under the owner in Col.8 | Whether a protected tenant | Rent payment to the owner in Col.8 |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| Name(s) of occupants with father's/husband's name | extent held by each occupant | Nature of his interest occupation | Name of the mortgaged with father's/husband'sname | Name of Extent the mortgage with father's/husband's name | Extent | Amount date and other particulars of mortgagewhether 1st mortgage or subsequent mortgage |
| 15 | 16 | 17 | 18 | 19 | 20 | 21 |
| Whether with or without possession | Details of unregistered encumbrances if any | No. of Sub-divisions to be created | Rate per acre as per basic valuation Register | Details Registered[with document No. for preceding 13 years] [Corrected by Memo. No. 120010/D.O.(A&R)/88-2, Revenue (A & R), dated 8-8-1989 ] | Remarks & signature of cording Authority with date | Remarks of Testing[(Officer)] [ Corrected by Memo. No. 120010/D.O. (A&R)/88-2, Revenue, (A&R), dated 8-8-1989]with dated signature & designation |
| 22 | 23 | 24 | 25 | 26 | 27 | 28 |
| Sl. No. | Name of Mandal | Name of Village | Survey No. Sub-division No. | Total extent | Area in respect of which claim is made | Nature of Claim/interest owner,tenant,mortgagee,unregistered[enclosed] [Corrected by memo. No. 120010/D.O.(A&R)/88-2,Revenue, (A&R), dated 8-8-1989 ] | Proof in support of claim, copies of documents ifany to be enclosed |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| CERTIFICATE:-;[I certify that I have given a complete list of my interests in lands in the entire district.] [Replaced by ibid. ] |
| Sl. No. | Name of the Pattadar/tenant Mortgagee[Occupant in Inam Land] [Added by G.O.Ms.No. 36, Revenue (A & R), dated 15-1-1994 ]to be given pass book with father's/husband's name andaddress | Patta or Khata Nos. now held by him | S.No./Sub-Divn. Nos. included in thepattas/Khatas | Classification | Area | Assessment including ceases |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| How acquired by pattadar: in-heritancesurvivor-ship, succession, purchase, others | How cultivated: Pattadar, Tenant,Mortgagee[occupant of Inam Land] [Added by G.O.Ms.No. 36, Revenue (A &R), dated 15-1-1994 ] | Name of tenant/mortgagee[Occupant of Inam Land] [Added by G.O.Ms.No. 36, Revenue (A & R), dated 15-1-1994. ]pattadar if applicable with Sl. No. in this register | Details of unregistered encumbrances | Rate per acre as per basic valuation register | Details of Registered encumbrances with documentNo. for preceding 13 years | New Patta No. or Khata No. given |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| Sl. No. | Name of the Village | Name of the petitioner with father's/husband'sName | Date of receipt of claim | Claim in respect of survey No. Sub-Div. No. | extent of Sy. No./Sub-Divn. No. |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Extent for which claim is made | Nature of claim | Date of enquiry | Result of the enquiry in brief | Remarks of the Recording authority | |
| 7 | 8 | 9 | 10 | 11 | |
2. Whereas such a draft record of rights has been kept open in the custody of the village assistant of the said village for inspection of all reasonable times by any person claiming any interest in the lands in the village, or whereas an updated draft Record of Rights has been kept open in the custody of the Village Assistant of the said village for inspection at all reasonable times by any person claiming any interest in the lands in the said village.
3. Now, therefore, under Rule 10 of the Andhra Pradesh [Rights in Land] [Substituted for the words 'Record of Rights in Land' by G.O.Ms.No. 36, Revenue (A&R), dated 15-1-1994. ] and Pattadar Pass Books Rules, 1989.
4. The undersigned hereby requires:
(i)all persons claiming any omission or error in the said draft record to furnish to the undersigned a statement in writing in Form I-A of their claims on or before ...................(the date to be specified not later than fifteen days from the date of publication of the notice).(ii)all residents of the village to attend a gram sabha at the village on .....................(the date to be specified not later than twenty-two days from the date of publication of the notice) to make, if necessary, claims and objections to the entries in the draft Record of Rights/draft Record of Rights made up-to-date; and(iii)declares his intention to hold an enquiry into such claims at the village on .................(the date to be specified not later than forty days from the date of publication of the notice) and calling upon all persons interested to appear before him at the said enquiries on the said date.Recording Authority[Form III-A] [Substituted by G.O.Ms.No. 17, Revenue (A & R), dated 12-1-1990. ](See Rule 10(4))Name of the Claimant:Address of the Claimant:| Sl. No. | Name of the village | Sl. No. of Sub-divn. No. for which claim is filed | Details of claim | Reasons for the claim for reasons for the newentry | ||
| ----- | ----- | ----- | ||||
| Column in Form-I Draft ROR which needsrectifications | Existing entry | New entry to be made | ||||
| 1 | 2 | 3 | 4(A) | 4(B) | 4(C) | 5 |
| Sl.No. | Name of the village | Name of the petitioner with father's husband'sname | Date of receipt of claim in Form III-A | Sy. No./Sub-Dvn. No. for which claim is filed | Details of claim | ||
| Column of No. Form-I (Draft ROR which are soughtto b corrected) | Existing entry | New entry to be made | |||||
| 1 | 2 | 3 | 4 | 5-A | 5-B | 5-C | 5-D |
| Reasons put forth by the claimant seekingcorrections | Date of entry | Decision of the Recording Authority | Remarks | ||||
| 6 | 7 | 8 | 9 | ||||