Andhra Pradesh Record of Rights in Land (Amendment) Act, 1989*
| [Andhra Pradesh Act No. 1 of 1989] | [27th February, 1989] |
An Act further to amend the Andhra Pradesh Record of Rights in Land Act, 1971.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fortieth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 27th February, 1989. For Statement of Objects and Reasons, please see the Andhra Pradesh Gazette, Part-IV A, Extraordinary, dated the 20th February, 1989 at pages 15 & 16.
1. Short title.- This Act may be called the Andhra Pradesh Record of Rights in Land (Amendment) Act, 1989.
2. Amendment of the long title.- In the Andhra Pradesh Record of Rights in Land Act, 1971 (Act 26 of 1971) (hereinafter refrred to as the principal Act), in the long title, for the words "Record of Rights in Land" the words "Record of Rights in Land and Pattadar Pass Books" shall be substituted.
3. Amendment of section 1.- In section 1 of the principal Act, in sub-section (1) for the words "Record of Rights in Land", the words "Record of Rights in land and Pattadar Pass Books" shall be substituted.
4. Amendment of section 2.- In section 2 of the principal Act,-
(a) for clause (2), the following clause shall, be-substituted, namely:-
"(2) ‘Collector’ means the Collector of a district and includes "Joint Collector;"
(b) clause (2a) shall be renumbered as clause (2aa), and before clause (2aa) as so renumbered, the following clause shall be inserted, namely:-
"(2a) ‘Commissioner’ means the Commissioner, Survey, Settlements and Land Record;"
(c) after clause (4), the following clause shall be inserted, namely:-
"(4a) ‘Mandal Revenue Officer’ means the Officer incharge of a Revenue Mandal and includes any officer of the Revenue Department authorised by the Commissioner to perform the functions of the Mandal Revenue Officer under this Act;"
(d) in clause (5), after the word's "Andhra Pradesh Gazette", the words "or the District Gazette", shall be inserted;
(e) in clause (10), after the words "notified by the Collector", the words "or the Commissioner" shall be inserted;
(f) after clause (10), the following clause shall be inserted, namely:-
"(10a) ‘Revenue Divisional Officer’ means the Deputy Collector incharge of Revenue Division and includes a Sub-Collector or on Assistant Collector;".
5. Amendment of section 3.- In section 3 of the principal Act,-
(a) in sub-section (1), for the words "prepared by the Recording Authority", the words "prepared and brought up-to-date, from time to time, by the Recording Authority" shall be substituted;’
(b) in sub-section (2), after the words "the Andhra Pradesh Gazette", the words "or the District Gazette" shall be inserted.
6. Amendment of section 4.- Section 4 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-
"(2) Notwithstanding anything contained in the Registration Act, 1908, (Central Act 16 of 1908) every registering Officer appointed under that Act and registering a document relating to the transfer of land shall intimate the Mandal Revenue Officer of the Mandal in which the property is situate, of such transaction."
7. Amendment of section 5.- In section 5 of the principal Act,-
(a) in sub-section (5) for the words "an appeal shall lie to such authority as may be prescribed", the words "an appeal shall lie to the Revenue Divisional Officer or such authority as may be prescribed" shall be substituted.
(b) after sub-section (5), the following sub-section shall be inserted, namely:-
"(6) The Recording Authority shall, after following the procedure specified in sub-sections (1) to (5), make the record of rights upto date, from time to time, in the manner prescribed. He shall also have the power to correct clerical errors, if any, in the pass book".
(c) for the marginal heading, the following marginal heading shall be substituted, namely:-
"Amendment and up-dating of record of rights".
8. Insertion of new section 5A.- After section 5 of the principal Act, the following section shall be inserted, namely:-
"5-A. Regularisation of certain alienations or other transfers of lands.- (1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, (Central Act ??? of 1882) the Registration Act, 1908 (Central Act 16 of 1908) or any other law for the time being in force, where the name of any person is recorded as an occupant in the Record of Rights-by virtue of an alienation or transfer made or effected otherwise than by registered document, the alienee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a ??? declaring that such alienation or transfer ???
(2) On receipt of such application, the Mandril Revenue Officer shall, after making such enquiry as may be prescribed require the alienee or the transferee to deposit in the office of the Mandal Revenue Officer an amount equal to the registration fees and the stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Registration Act, 1908 (Central Act 16 of 1908.) as fixed by the registering officer on a reference made to him by the Mandal Revenue Officer on the basis of the value of the property arrived at in such maimer as may be prescribed:
Provided that the Mandal Revenue Officer shall not require the alienee or the transferee to deposit the amount under this sub-section unless he is satisfied that the alienation or transfer is not in contravention of the provisions of the Andhra Pradesh Land Reforms of (Ceiling on Agricultural Holdings) Act, 1973, (Act 1 of 1973) the Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976.) the Andhra Pradesh Scheduled areas Land Transfer Regulation, 1959 (Regulation, 1 of 1959) and the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. (Act 9 of 1977.)
(3) Nothing contained in sub-section (1) and sub-section (2) shall be deemed to validate any alienation where such alienation is in contravention of the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (Act 1 of ??? 1973) the Urban Land (Ceiling and Regulation) Act, 1976, (Central Act 33 of 1976) the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Regulation 1 of 1959.) and the Andhra Pradesh Assigned, Lands (Prohibition of Transfers) Act, 1977. (Act 9 of 1977.)
(4) The Mandal Revenue Officer on deposit of an amount specified in sub-section (2), shall issue a certificate to the alienee or the transferee declaring that the alienation or transfer is valid from the date of issue of certificate and such certificate shall, notwithstanding anything in the Registration Act, 1908, (Central Act 16 of 1908.) be evidence of such alienation or transfer as against the alienor alienor or transferor or any person claiming interest under him.
(5) The recording authority, shall on the production of the certificate issued under sub-section (2) make any entry in the pass book to the effect that the person whose name has been recorded as an occupant is the owner of the property.
9. Substitution of new section for section 6-A.- For section 6-A of the principal Act, the following section shall be substituted, namely:-
6-A.(1) "Pass Book holder to have entries of alienation the record in pass book.- (1) Every Owner, Pattadar, mortgagee, occupant, or tenant of any land shall apply for the issue of a pass bock to the Mandal Revenue Officer on payment of such fee as may be prescribed:
Provided that where no application is made under this sub-section the Mandat Revenue Officer may suo-moto issue a Pass Book after following the procedure prescribed under sub-section (2) and collect the fee prescribed therefor.
(2) On making such application, the Mandal Revenue Officer shall cause an enquiry to be made in such manner as may be proscribed and shall issue a Pass Book in accordance with the Record of Rights with such particulars and in such form as may be prescribed:
Provided that no such Pass Book shall be issued by the Mandal Revenue Officer unless the Record of Rights have been brought upto date.
(3) The entries in the Pass Book may be corrected either suo-moto or on an application made to the Mandal Revenue Officer in the manner prescribed.
(4) The Government may prescribe by rules the manner in which the pass books may be issued to all owners, pattadars, mortgagees or tenants and to such other person in accordance with the record of rights.
(5) The Pass Book issued under sub-section (1) and duly certified by the Mandal Revenue Officer or any other authority as may be prescribed shall be the record of the title in respect of an owner and the rights and interests in land in respect of others. Every entry ??? the Pass Book shall be presumed to be correct and true unless the contrary is proved.
10. Amendment of section 6-C.- In section 6-C of the principal Act,-
(i) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) Every loan granted by any credit agency on the security of the land, every encumbrance of land for the grant of a loan and every repayment of such loan shall be recorded in the pass book by the concerned officer or authority under attestation by a competent officer of the credit agency, and also made an entry of the discharge after the repayment of the loan:
Provided that no loan shall be granted by any credit agency without the production of the pattadars Pass Book".
(ii) After sub-section (2), the following sub-section shall be inserted, namely:-
"(3) Every loan referred to in sub-section (1) shall be liable to be recovered as arrears of land revenue, in case of default by the borrower."
11. Insertion of new section 6-D.- After section 6-C of the principal Act, the following section shall be inserted, namely:-
"6-D. Registering authority to make entries in the Pass Book."-(1) It shall be obligatory on the part of any person having interest or right in land to produce the pass book before the registering authority appointed, under the Registration Act, 1908 (Central Act 16 of 1908) along, with the documents 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, mortgage, lease or exchange in such pass book at the appropriate place or places under his signature and official seal.
(2) Notwithstanding anything contained in the Registration Act, 1908, (Central Act 16 of 1908) the registering authority shall not register any document relating to a transaction of the nature referred to in sub-section (1) without the production of the pass book by both the parties to the transaction:
Provided that in the case of landless persons including small and marginal farmers purchasing land for the first time, the registering authority after obtaining a declaration and collecting the prescribed cost may issue a pass book and arrange to send it to the concerned Mandal Revenue Officer for being certified and issued to the concerned purchaser in the manner prescribed.
12. Amendment of section 7.- In section 7 of the principal Act, for the words "shall be given to all persons", the words "shall be given to all persons including the credit agencies" shall be substituted.
13. Insertion of new section 10-A.- After section 10 of the principal Act, the following section shall be inserted, namely:-
10-A. "Corrections to be incorporated in village revenue records.- After the final publication of record of rights in the manner prescribed the Mandal Revenue Officer shall take action to Incorporate the said particulars in the Village Revenue Records, subject to such amendments as may be necessary on appeal or revision, as the case may be."
14. Amendment of section 11.- In section 11 of the principal Act, in sub-section (2), after clause (b) the following clause shall be inserted, namely:-
"(bb) regulating the manner of preparation ??? maintenance and renewal of pass books;"