AP Rights in Land Pattadar Pass Books Act 1971
AP Rights in Land Pattadar Pass Books Act 1971
S RIGHTS IN LAND
PATTADAR PASS BOOKS
ACT – 1971
(Act No. 26 of 1971)
• It came into force w.e.f. 15-08-1978
9-6-1989
Contd..
Reasons behind the Act:-
• Organization of credit for farmers
handled by several institutions and a
number of Government Departments.
• Considerable hardship caused to farmers
as they to approach village level
functionaries and other Departments
from time to time for extracts of village
Revenue records and non – encumbrance
certificates.
Contd..
Reasons behind the Act:-
• Decision taken for formulation of a
scheme to issue pass books to the ryots
enabling them to secure loans based on
the entries in the pass Books without
requiring to approach the village level
functionaries and others every time
hence presents Act.
Contd..
IMPORTANT DEFINITIONS :
• “Land” means Land being used for agricultural
purpose (Refer Section 2 (4)).
• “Occupant” means a person in actual possession
of land other than a tenant or a usufructuary
mortagagee- (Refer 2(6)).
• “Owner” means a person who has permanent
and heritable rights of possession on land and
includes the holder of a patta issued as a
landless poor person (Refer Section 2 (6-a)).
Contd..
IMPORTANT DEFINITIONS :
Contd..
Pattadar Pass Books and Title Deeds:
• Every owner pattadar, mortgagee or tenant
to apply Tahsildar for issue of Pass Book and
Title Deed (Refer Section 6-A).
• Tahsildar may also suo-motu issue Pass
Book after following the procedure
(Refer Proviso to Section 6-A) .
• To be prepared taking a village as one
Unit. (Refer Ruler 26 (1)).
• Title Deeds to be prepared only in
respect of Pattadar owner.
Contd..
Pattadar Pass Books and Title Deeds:
• Shall have same evidentiary value with
regard to title for creation of equitable
mortgage under Transfer of property Act
1882, as a registered Document (Refer Rule
26 (2)).
• Title deed shall be in Form XIV – A (Refer
Rule 26 (4)).
• Pattadar Pass Books to be given to owner
Pattadar, tenant, mortgage, and occupants
of Inam lands.
• Entries in Pass Book to be treated as
sufficient evidence to grant loans, without
production of copies of village revenue
records (Refer Rule 26 (3)).
Contd..
Formats of pass book : -
(i) Pattadar owners - Form XIV-B.
Contd..
• Pattadar Pass Books to be printed in four
parts.
• Owner pattadars who do not cultivate
land to get part I & II.
• Owner pattadars who cultivate land to
get Part I & II.
• Tenants and Mortgagees to get Part II.
• Title deeds and Pass Books to be issued
in Telugu.
• Every entry therein to be presumed to be
correct unless the contrary is proved
(Refer Section 6).
Contd..
• Title deed establishes ownership of
Pattadar owner.
• Pass Book to be record of title of an
Owner and rights and interests of others
(Refer Rule 26 (5)).
• Title deed or Pass Book to be given only
to those who are in actual possession of
land (Refer Rule 26 (6)).
• Pass Books and Title deeds to contain
other required information like loans,
mortgages etc., as prescribed by
Commissioner (Refer Rule 26 (8)).
Contd..
Maintenance of Record of Rights :
• Include correction of entries as per rule 17 and
incorporation of all mutations as per section 5
(Refer Rule 18 (1)).
• Intimation of acquisition of rights to be made to
Tahsildar within 90 days in Form VI-A. (Refer
Section 4(1) and Rule 18(2)).
• Acknowledgement to the individual to be in
Form VI(C).
• Registering Officer to initiate to Tahsildar all
transactions in land in Form VI-B within a week.
(Refer Section 4 (2) and Rule 18 (2)).
• Register in intimations and the orders passed
thereon to be maintained in Form VII (Refer
Rule 18 (3) (a)).
Contd..
Maintenance of Record of Rights :
• Tahsildar to give opportunity to the concerned
before passing orders. (Refer to proviso to
Section 5(1)).
• Before carrying out any amendment, Tahsildar
to issue notice to persons affected and after
making enquiry to pass orders.
• Notice to be in Form VIII. (Refer Section 5(3)).
• Orders on all intimations to be passed within
six months.
Contd..
Maintenance of Record of Rights :
• Appeal lies to RDO, on Tahsildars orders within
sixty days (Refer Section 5(5)(Rule 21(1)).
Contd..
Important Forms
• Form VI (A):Intimation by any
person Regarding Acquisition of
Rights.
• Form VI-B : Intimation by the
Registration Dept., to Tahsildar
within a week of the date of
registration.
• Form VI (C) : Acknowledgment
by Mandal Revenue Officer of
Mandal.
Contd..
Important Forms
• Form VII: Register of Amendments
Fasil wise.
• Form VIII : Notice.
• Form IX : Other than Registrared
documents Notice.
• Form X: Sada Bainama Application.
• Form XI: Notice by the Tahsildars
to Pattadars.
• Form XII: Enquiry Notice.
Contd..
Important Forms
• Form XIII(A): Letter to Sub-
Register.
• Form XIII(B): Certificate by
Tahsildar after payment of stamp duty.
Contd..
VII. Inspection and copies of the ROR :
• ROR to be open for inspection by
public. Certified copies to be given
on payment of fee. (Refer Section 7)
Contd..
IX. Powers of Recording or Appellate
Authority.
Contd..
AMENDMENTS
I. Act 11 of 1980 :-
• Decision of Issue of Compresanice
pattadar Pass Books to owner,
pattadars, mortgagees, occupant or
tenant basing on entries in record
rights.
Contd..
AMENDMENTS
II. Act 1 of 1989 :-
A. To make the entries in the Pattadar
Pass Books as an authentic document
and acceptable evidence of title to the
property on the security of which loan
is proposed to be raised for the
convenience of the farmers.
B. To Regularize Certain unregistered
alienation or other transfers of land.
Contd..
AMENDMENTS
III. Act 24 of 1989 :-
Removing the term “occupant” from
the category of those eligible to apply
for Patta Pass Books.
Contd..
AMENDMENTS
IV. Act 9 of 1994 :-
1. To issue Title deeds to the “Pattadar
Owners” to enable the to use the
same for creation of equitable
mortgage on their lands under Sub-
Sec (1) of Section 6-A.
2. To provide an appeal to Revenue
Divisional Officer under Sub-Section
(4) of Section 5-A of the Act.
Contd..
AMENDMENTS
IV. Act 9 of 1994 :-
3. To recover the loans in default as
arrears of land revenue by the
Revenue Department.
Contd..
TELANGANA ORDINANCE
NO. 01 OF 2017
DT: 17.06.2017
Contd..
No. 01 of 2017 at Page No. 3
• And whereas, at present the land owners
were insisted for production of Pattadar
Pass Books and Title deeds for
transactions related to land and also to
secure loans by any Credit agency under
section 6-B and section 6-C of Telangana
Rights in Land and Pattadar Pass Books
Act, 1971.
Contd..
• Several instances came to the notice of the
Government that the farmers are
experiencing difficulties in obtaining
agricultural loans from the lending agency
by producing the pass Book and Title deed
physically Since all the land related data is
computerized and maintained in
Maabhoomi Portal, Government have
decided to bring certain amendments to
the Telangana State Record of Rights in
Lands and pattadar Pass Books Act, 1971
with the following objectives:-
Contd..
OBJECTIVES
i.Maintenance of the Record of Rights in
electronic form in the Telangana Land
Records Management System (TLRMS) and
to validate the electronically maintained
revenue records in centralized storage
devices and being executed through portals
such as TLRMS and MeeSeva etc.
ii.Combining Title Deed and Pass Book as
Title Deed cum Pass Book, to enable the
land holders/owners to obtain electronic
Pattadar Passbook cum Title deed.
Contd..
OBJECTIVES
iii. Reducing the need to produce the Pass
Books by the user agency.
Contd..
OBJECTIVES
v. Reduction of time for acquisition of rights
from 90 days to 15 days in the Act and
making necessary amendments in the
rules accordingly.
vi.To ensure Registration Officers to effect
the registration of property on the basis of
revenue records maintained electronically
in TLRMS by Revenue Department records
in centralized storage devices and being
executed through portals such as TLRMS
and MeeSeva etc.
Contd..
OBJECTIVES
vii.These amendments will enable the
goals of ease of doing business and
grater transparency and accountability
in the department.
viii.To protect the lands belonging to the
state Government or Central
Government.
To achieve above objects the Governor of
Telangana Promulgate the following
ordinance called the “ Telangana Rights in
Land and Pattadar Pass Books (Amendment)
ordinance 2017. As detailed below
Contd..
Amended Section 4 (1)
As per Previous Act As per Amended Act
(1) Any person acquiring by (1) Any person acquiring by
succession, survivorship, inheritance, succession, survivorship, inheritance,
partition, Government patta, decree of partition, Government patta, decree of
a Court or otherwise any right as a Court otherwise any right as owner,
owner, pattadar mortgagee occupant pattadar, of land and any person
or tenant of a land and any person acquiring any right as occupant of land
acquiring any right as occupant of a by any other method shall intimate in
land by any other method shall intimate writing his acquisition of such right, to
in writing his acquisition of such right, the Mandal Revenue Officer Village
to the Mandal Revenue Officer within Revenue Officer on noting the
ninety days from the date of such acquisition of rights in his jurisdiction
acquisition, and the said Mandal shall intimate the Mandal Revenue
Revenue Officer shall give or send a Officer within one (1) day as
written acknowledgment of the receipt prescribed. The Mandal Revenue
of such intimation to the person Officer shall give or send a written
making it: acknowledgment of the receipt of such
intimation to the person making it.
Contd..
Amended Section 4 (1)
As per Previous Act As per Amended Act
Provided that where the person Provided that where the person
acquiring the right is a minor or acquiring the right is a minor or
otherwise disqualified, his otherwise disqualified, his
guardian or other persons having guardian or other persons having
charge of his property shall charge of his property shall
intimate the fact of such intimate the fact of such
acquisition to the Mandal acquisition to the Mandal
Revenue Officer. Revenue Officer.
Contd..
Amended Section 4 (1)
As per Previous Act As per Amended Act
(2) Notwithstanding anything
2) in sub - section (2)
contained in the Registration Act,
1908 (Central Act 16 of 1908) (i) after the words "the Mandal
every registering a document Revenue Officer of the Mandal"
relating to a transaction inland, the words " manually or
such as sale, mortgage, fight, electronically" shall be inserted:
lease or otherwise shall intimate
(ii) at the end of the sub -
the Mandal Revenue Officer of
section, the words "as
the Mandal in which the property
prescribed" shall be added.
is situate of such transaction.
alienated by the State
Contd..
Amended Section 5 (6)
As per Previous Act As per Amended Act
The Mandal Revenue Officer 3. in the principal Act, In section 5,
shall have the power to correct for sub -section (6) the following
clerical errors, if any, in the Pass sub - section shall be substituted
Books. namely:
(6) The Mandal Revenue Officer
shall have the power to correct
clerical errors, if any, on the
request of the pattadar or any
person interested in the land in the
Pass Books as prescribed“
4. In the principal Act, in section 6,
for the words pattadar pass book"
the words “electronically
maintained pattadar pass book
shall be substituted.
Contd..
Amended Section 6 (A)
As per Previous Act As per Amended Act
(1) Every Owner, Pattadar In the principal Act, in section 6-A
mortgagee or tenant of any land (10 in sub - section (1), -
shall apply for the issue of a pass
book and title deed to the Mandal (i) the words mortgagee or tenant"
Revenue Officer on payament of shall be omitted:
such fee as may be prescribed.
Provided further that where no (ii) In second proviso, after the
application is made under this sub – word " suo - motu" the words " or
section the Mandal Revenue Officer mandatorily mutate and complete
may Suomotu issue a Pass Book the process within a period of
after following the procedure fifteen days" shall be inserted.
prescribed under sub – section (2)
and collect the fee prescribed
therefor.
Contd..
Amended Section 6 (A)
As per Previous Act As per Amended Act
(4) The Government may (2) in sub -section (4), for the
prescribed by rules the manner in words "pattadars mortgagees or
which the(title deed and pass book) tenants" the word pattadars shall be
may be issued to all owners, substituted.
pattadars, mortagagees or tenants
and to such other person in
accordance with the record of
rights.
Contd..
Amended Section 6 (C)
As per Previous Act As per Amended Act
Contd..
Amended Section 6 (D)
As per Previous Act As per Amended Act
Registering authority to make entries
in the Pass book: It shall be 7. In the principal Act, in section 6-
obligatory on the part of any person D , in sub - section
having interest or right in land to
produce the (tiel deed and pass book) (1), after the words" such
before the registering authority registering authority", the words to
appointed, under the Registration verify the Webland data maintained
Act, 1908 along with the documents electronically and shall be inserted.
he proposes to get registered and it
shall be obligatory on the part of such
registering authority to make entry of
every transaction of sale, gift,
purchase, mortagage, lease or
exchange in such (title deed and pass
book) at the appropriate place, or
places under his signature and official
seal. Contd..
Amended Section 6 (E)
As per Previous Act As per Amended Act
In the principal Act, after section 6
(D) the following section shall be
added, namely:-
6-E Notwithstanding anything
contained in this Act, until the date
of enforcement of this amendment
Act of 2017, the transactions or
other acquisitions in land that the
land owners had shall be governed
by the provisions of un amended
Act".
Contd..
Amended Section 12
As per Previous Act As per Amended Act
9. In the principal Act, after section
Act not to apply to Government 12, the following section shall be
lands: Noting in this Act shall inserted, namely-
apply to the lands belonging to 12-A (10 Notwithstanding any
the State Government or Central judgment, decree, order,
Government. proceeding of court or any other
authority, save the authority
prescribed under the Hyderabad
(Abolition of Jagirs) Regulation,
1358 F., and rules thereof, all the
Jagir lands including Paigah,
Samsthans part of Jagir, Muktha,
Village Agrahar, Umil and Mukhas
a etc.,
Contd..
Amended Section 12
As per Previous Act As per Amended Act
within the meaning o Hyderabad
(Abolition of Jagirs ) Regulation,
1358., which stood vested in the
State under the said Act, the title
and ownership of such Jagir lands
never transferred or never deemed
to have been transferred to any
person.
(1) The Jagir lands defined under
the Hyderabad (Abolition of Jagirs)
Regulation, 1358F., shall be
recorded and maintained as
Government lands in the revenue
records.
Contd..
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