Saturday, June 18, 2016

AP Amendments Order Record of Rights in Land and Pattadar Pass Books Rules as per G.O.NO:255

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AP Amendments Order Record of Rights in Land and Pattadar Pass Books Rules as per G.O.NO:255.

The Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Rules, 1989-
Amendments- Orders-Issued. 



REVENUE (EA&AR) DEPARTMENT

G.O.Ms.No.255 Date:18-06-2016.

Read the following:

  1. Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 2016 (Act No.10 of 2016).
  2. G.O.Ms.No.229, Revenue (EA&AR) Dept, Dated01.06.2016
  3. From CCLA,A.P. Hyderabad, Lr.II(2)/ROR/712B/2015, Dated:06.05.2016
  4. G.O.Ms.No.570, Revenue(DOA&R) Dept, Dated:8.6.1989.

ORDER:

1.Whereas, the Government among other things made the following amendments
to the Andhra Pradesh Rights in Land and Pattadar Pass books Act, 1971 (Act 26 of
1971) through the Amendment Act 1st read above.

(a)To ensure the bankers to grant loans basing on the revenue records maintained electronically in webland without insisting physical production of any type of revenue record from the farmers.

(b)To ensure that Registration Officers effect the registration of property on the
basis of revenue records maintained electronically in webland without insisting physical production of any type of revenue record.

(c)To validate the electronically maintained revenue records in webland and Meeseva websites.

(d)To make it optional for the land holders/ owners to obtain physical copy of land record. For this purpose, a single document i.e. title deed cum passbook in place of two different documents is proposed.

2.And whereas, in the reference 2nd read above appointing the 1st July as the date
on which the said Amendment Act (Act.No.10 of 2016) shall come into force.

3.And whereas, in pursuance of the said Amendments to the Act, the Special Chief
Secretary and CCLA, A.P. Hyderabad, in his letter 3rd read above, has proposed certain
amendments to the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989.

4.Government after careful examination have proposed to issue amendments to the
Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989.

5.The following Preliminary Notification will be published in an Extraordinary Issue of the Andhra Pradesh Gazette dated: 18th June, 2016.

PRELIMINARY NOTIFICATION

The following amendments to the Andhra Pradesh Rights in Land and Pattadar
Pass Books Rules, 1989 issued in G.O.Ms.No. 570, Revenue (DOA&R) Dept., dated: 8th
June, 1989 and published at pages 1-134, in Rules supplement to Part.II, Extraordinary
Issue of the Andhra Pradesh Gazette, dated: 09th June, 1989, which is proposed to be
made in exercise of the powers conferred by sub-section (1) of section 11 of the
Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Act 26 of 1971) is hereby published for the general information in the Andhra Pradesh Gazette as required under sub section (1) of section 11 of the said Act.

Notice is hereby given that the said amendments will be taken into consideration by the Government after the expiry of (12) days from the date of publication of the notification in the Andhra Pradesh Gazette and any objections or suggestions if any received before the expiry of the period will be considered by the Government of the Andhra Pradesh.

The objections and suggestions should be addressed to the Special Chief Secretary
to Government, Revenue Department (Lands), Government of Andhra Pradesh, Hyderabad.

AMENDMENTS

1.In the said rules, clause (d) of rule 2 shall be omitted. 

2.For rule 3, the following shall be substituted, namely :- 

“3 Form of Record of Rights: The Record of Rights shall be prepared initially in 
Form-I and subsequently maintained in Form-I B for every separate Revenue 
Village”. 

3. In rule 18, (i) for Sub Rule (2) the following shall be substituted, namely:- 

“(2) The intimation of acquisition of rights to Tahsildar under section 4 (1) by any 
individual shall be in Form VI A either at a Citizen Service Centre (eg. MeeSeva 
Centre) or Online (as and when the facility is available). An acknowledgement 
shall be given to the individual. Registering Officer of Registration Department shall 
send intimation to the Tahsildar under section 4 (2) electronically by transferring the data to the electronically maintained Record of Rights on real time basis. The 
intimation by the Revenue Officer responsible for preparation of Village Records as per section 4 (3) shall in Form VI D”. 

(ii) In Sub rule (3) after Clause (c) the following shall be added, namely:- 

“(d) If the order is as per the request made in the intimation or where no order is 
passed within the stipulated period, the draft amendment to Form-I-B, copy of which was enclosed to the notice in Form VIII shall become final automatically in the 
electronically maintained Record of Rights. 

(e)If the order is in variance to the draft amendment to Form I-B, the draft shall be 
suitably modified in the electronically maintained Record of Rights as per the order.” 

4.In rule 19,for sub rule (1) the following shall be substituted, namely :- 

“(1) The notice referred to in sub section (3) of section 5 shall be in Form VIII 
generated electronically. A copy of the draft amendment to Form I-B, generated 
electronically, as per the intimation received shall be enclosed to the notice. While preparing the draft amendment to Form I-B, the procedure for notation of new sub divisions notionally given in para 15 of BSO-34 A, extracted along with illustrations 
in the Annexure, shall be followed. 

5.In rule 24, in sub rule (1) for the words “in triplicate,” the words, “in triplicate and 
also electronically” shall be substituted. 

6.For rule 26, including the marginal head, the following shall be substituted namely :- 

(1)“Title deed cum Pattadar Pass book 26 (1) with reference to Form I-B prepared under rule 14 A, title deed cum pattadar 
pass books shall be prepared taking a village as a Unit. 

(2)The title deed cum pattadar pass book shall be prepared in respect of pattadars 
and owners and it shall have the same evidentiary value with regard to the title for the purpose of creation of equitable mortgage under the provisions of the Transfer of Property Act, 1882 as a registered document registered by a Registrar of Assurances. 

(3)It shall not be compulsory for the pattadars and owners to obtain title deed cum pattadar pass books. It will be optional as per discretion of the Pattadar / Owner. 
The Registering authority under the Registration Act, 1908 shall not insist for 
production of title deed cum pattadar pass book for any transaction in respect of the 
land. Similarly, no credit agency shall insist for production of title deed cum pattadar 
pass book for the purpose of sanction or discharge of loan. 

(4)The format of title deed cum pattadar pass book shall in Form 14 

(5) The title deed cum pattadar pass book shall be issued electronically in Telugu 
(e-title deed cum pattadar pass book). Every entry in the title deed cum pass book 
shall be presumed to be correct and true unless the contrary is proved. 

(6)The tile deed cum pattadar pass book may contain such other details and 
proforma to be prescribed from time to time by the Commissioner. 

(7)The e-title deed cum pattadar pass book along with photograph of the pattadar 
owner shall be digitally signed by the Tahsildar. 

(8)Proper record in respect of issue of title deed cum pattadar pass books shall be 
maintained by the Tahsildar. 


7.For rule 27, the following shall be substituted, namely:- 

“27 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 book, 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 stamp duty in the Court and produces certificate issued by the Court to this effect and other evidence to the satisfaction of Tahsildar, the Tahsildar shall demand and collect only registration fee and incorporate changes in the Record of Rights and title deed cum pass books. If the decree is received or produced by or before a Registration Officer or other officers, these officers shall immediately send these decrees to the concerned Tahsildar for necessary action”. 


8.For rule 31,the following shall be substituted, namely:- 

/> “31 Any person who loses a title deed cum pass book issued to him (or whose title 
deed cum pass book is mutilated) can apply to the Tahsildar along with his photograph. The Tahsildar after collecting the prescribed fee, shall issue a duplicate title deed cum pass book, under acknowledgement, duly endorsing on the 1st page of the title deed cum pass book that it is a duplicate copy. The issue of a duplicate title deed cum pass book shall be noted in Form 1-B. In case a duplicate title deed cum pass book is sought to replace a mutilated title deed cum pass book, the mutilated title deed cum pass book shall be surrendered to the Tahsildar for cancellation / destruction”. 

9.In rule 33, the words “Survey Settlements and Land Records” shall be omitted.

10.Annexure and amendments in certain Foms are annexed to this Order. 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) 

J.C.SHARMA 

SPECIAL CHIEF SECRETARY TO GOVERNMENT.



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