Tamil Nadu Patta Pass Book Act, 1983*
| [Tamil Nadu Act No. 4 of 1986] | [30th January, 1986] |
An Act to provide for issue of Patta Pass Book to holders of agricultural lands
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-fourth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 24th January, 1986 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 39, dated January 30, 1986.
1. Short title, extent and commencement.- (1) This Act may be called the Tamil Nadu Patta Pass Book Act, 1983.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government; may, by notification, appoint and different dates may be appointed for different areas and for different provisions of this Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) "agriculture" includes,-
(a) horticulture;
(b) the raising of crops, grass or garden produce;
(c) the use by an agriculturist of land held by him, or part thereof, for grazing;
(d) the use of any land for the purpose of raising manure crops;
(e) dairy farming;
(f) Poultry farming;
(g) livestock breeding;
(h) growing of trees;
and "agricultural" shall be construed accordingly;
(2) "credit agency" means any individual, co-operative credit society by whatever name called, including a land development bank, a commercial bank, a private bank or any other agency the main object of which is to lend money;
(3) "Government" means the State Government;
(4) "land" means agricultural land that is to say land which is used or Capable of being used for agricultural purposes or purposes sub-servant thereto and is either assessed to land revenue in, the State or is subject ??? rate assessed and collected by officers of the Government as such and includes horticultural land, forest land, garden land and plantations, but does not include house-site;
(5) "limited owner moans any person ??? to a life estate in any land and includes persons deriving rights through him".
Explanation.-A person who has a right to enjoy the land during his lifetime shall be deemed to be a limited owner notwithstanding that he has no power to alienate the land;
(6) "owner" means any person holding land in severalty or jointly or in common under a ryotwari settlement or in any way subject to the payment of revenue direct to the Government and includes a full owner or limited owner but does not include a mortgagee, lessee or a tenant;
(7) "patta pass book" means the patta pass book; issued under section 3;
(8) "person" includes any company, firm, society or association of individuals, whether incorporated or not; or any private, trust or public trust;
(9) "registering authority" means the registering officer appointed under the Registration Act, 1908 (Central Act XVI of 1908);
(10) "Tahsildar" means the Tahsildar having Jurisdiction over the area in which the land is situated, or any other office, of the Revenue Department not below the rank of Deputy Tahsildar authorised by the Government, by notification, to exercise the powers conferred on, and discharge the duties imposed upon, the. Tahsildar under this Act, for such area as may be specified in notification.
3. Issue of patta pass book.- (1) The Tahsildar shall issue a patta pass book to every owner in respect of land owned by on and application made by his in this behalf. Any application received under this section shall be acknowledged by the Tahsildar or any other officer authorised by him in this behalf.
(2) A taluk shall be the unit for the issue of patta pass book.
(3)(a) As soon as may be after the publication of the ??? under sub-section (3) of section 1 bringing this section into force in an area and before undertaking the work relating to the issue of patta pass book, the Tahsildar shall publish a notice in the village in such area informing the public that patta pass ??? to be issued under this Act to every owner and such owner ??? apply for the issue of patta pass book as provided under this section.
(b) The notice shah contain such further particulars and shall be published in such manner, as may be prescribed.
(4) The application under sub-section (1) shall be in such form, shall contain such declaration and particulars and shall made in such manner and within such time as may fee ???
(5) In cases where no application has been made by any owner within the time-limit referred to in sub-section (4) in respect of any land, the Tahsildar shall, based on the entries made in the records available in his office, cause a notice to be served on the ??? the land concerned requiring him to furnish any information or produce any document for his inspection and also to make his representation, if any, in writing for making necessary ??? in respect of the land concerned in the Register of Patta Pas Book maintained by him and for the purpose of issuing the patta book.
(6)(a) Any owner on whom a notice has been served under sub-section (5) shall be bound to furnish or produce for the inspection of the Tahsildar within such time as may be specified in such notice or within such further time not exceeding thirty days as the Tahsildar may, in his discretion, allow, all such information or documents, needed for making ??? in the Register of Patta Pass Book in respect of the land concerned or for the purpose of issuing the patta pars book, as may be within his knowledge or in his possession or power.
(b) Where, any information is furnished or any document is produced in accordance with the notice made sub-section (a), the Tahsildar or any officer authorised by him in this behalf shall give a written acknowledgement thereof the person furnishing or producing the same the shall endorse on such document a of under his signature seating the respect of the production and the date thereof.
(7) On receipt of the application under sub-section (1) or on the basis of information obtained by the Tahsildar under clause (b) of sub-section (6), the Tahsildar shall follow such procedure as may be prescribed and shall also give a reasonable opportunity to the persons having interest in the land to make their representations either orally or in writing. After considering the claims of the persons having interest in the land, the Tahsildar shall determine as to whom the patta pass book is or be issued and shall issue a patta pass book accordingly the owner of the land concerned:
Provided that in the case of any owner who has no made an application under sub-section (1) and in respect of whom a notice has been served under sub-section (5), no patta pass book shall be issued by the Tahsildar unless a declaration in the prescribed form is filed by the owner concerned before the Tahsildar:
Provided further that in any case where the Tahsildar is satisfied that any person is not the owner of any land for which a patta pass book is applied for or claimed, he shall for reasons to be recorded in writing reject the application or claim, for the issue of a patta pass book in respect of such land.
(8) The patta pass book shall he, in such form as may be prescribed and contain the following particulars, namely:-
(a) the survey number or sub-division number, extent and local name, if any, of the land;
(b) the name and address of the owner;
(c) such other particulars as may be prescribed.
(9) While issuing a patta pass book under this section the Tahsildar shall cause all, the entries and particular as ??? in such patta pass book, to be made in the Register of Patta Pass Book maintained in the office of the Tahsildar for thou ??? of record. The Register of Patta Pass Book shall be in such ??? maintained in such manner, as may be prescribed.
(10) The patta pass book shall be issued under this section, on payment of such fees as may be prescribed.
4. Presumption of correctness of entries in the patta pass book.- The entries in the patta pass book and the certified copy of entries in the patta pass book shall be presumed to be true and ??? until the contrary is proved or a new entry is lawfully substitute therefor.
5. Making of entries of registration of alienation or transfer in the patta pass book.- (1) No document gating to transfer of any land by sale, gift, mortgage, exchange, settlement or other wise shall be registered by the registering authority, unless the, patta pass book relating to such ??? is produced before such registering authority.
(2) No document referred to in sub-section (1) shall be registered by the registering authority, unless the person liable to Pay the registration fees also pays to the ??? authority such fees as may be prescribed for making necessary entries relating to such transfer if the patta pass book, on the registration of such document and after making necessary envies in the patta pass book, the registering authority shall make a report of such registration, and also send a certified extract of the said entries to the Tahsildar.
(3) On receipt of the certified extracts of the entries relating to such transfer, the Tahsildar shall cause necessary changes to be carried out in the Register of Patta Pass Book; maintained by him and shall also cause ??? changes to be carried out in the patta pass book already issued under section 3 or as the case may be, issue a new patta Pass book, after sub-division if necessary, within such time and on collection, of such fees as may be prescribed.
6. Entries in the patta pass book to as prima facie evidence of title.- The entries in the patta pass book issued by the Tahsildar under section 3 shall be prima facie evidence of title of ??? in whose name the patta pass book has been issued to the ??? land entered in the patta pass book, free of any prior encumbrance unless otherwise specified therein.
7. Acquisition of right to be reported.- (1) Any person ??? by succession, survivorship, inheritance, partition, purchase; or ??? Government or order of a court or by order of fees government or other authority any right in or over any land as owner, shall report, in writing his acquisition of such right to the Tahsildar within three months from the date of such acquisition or within such further period, as may be prescribed, and the said officer shall give a written acknowledgement of the receipt of the report to the person making it:
Provided that where the person acquiring the right is a minor or otherwise ??? has guardian or other person having charge of his property shall make the report to the Tahsildar:
Provided further that any person acquiring a right by virtue of a registered document shall be exempted from the obligation to ??? to the Tahsildar.
Explanation.-A person in whose favour a mortgage is discharged or extinguished, acquires a right within the meaning of this section.
(2) On receipt of report under sub-section (1), the Tahsildar shall cause necessary changes to be carried cannot the Register of Patta Pass Book maintained by him and shall also cause necessary changes to be carried out in the patta Pass book already issued under section 3, or as the case may be, issue a new patta pass book after, sub-division, if necessary within such time and on collection of such fees, as may be prescribed:
Provided that before causing any such change to be carried but or issuing such new Patta Pass book, the Tahsildar shall follow the procedure laid ??? in sub-section (7) of section 8.
8. Certified copies.- Application for certified copies of entries in the Register of Patta Pass Book may be made to, and such copies may the issued by, the Tahsildar, in such manner and on collection of such fees as may be prescribed.
9. Presentation of patta pass book before credit agency.- Every owner of the land, taking financial assistance or a loan from any credit agency on security of land, shall produce the patta pass book Relating to his land to such credit agency. The credit agency shall Cause the necessary entries being made in the patta pass book, giving particulars of such financial assistance or loan and the charge for ??? created by the owner, in respect of the land in the ??? columns provided in the patta pass book, ??? such manner ??? be prescribed. A copy of the extract of the said entries shall the sent by the credit agency to the Tahsildar ??? such ??? as may be prescribed. On receipt of such ??? of extract the Tahsildar shall make the necessary entries of the grant of such ??? assistance or loan and the creation of charge or mortgage ??? of the land held by such owner in the Register of Patta Pass Book maintained by him.
10. Modification of entries in the patta pass book.- (1) Where any person claims that and modification is required, in respect of any entry in the patta Pass book already issued under section 3 either by reason of the death of any person or by reason of the transfer of interest in the land or by reason or any other subsequent change in circumstances, he shall make an application to the Tahsildar for the modification of the relevant entries in the patta pass book.
(2) An application under sub-section shall contain such particulars as may be prescribed and shall be accompanied by the documents if any, relied on by the applicant as evidence in support of his claim.
(3)(a) Before passing and order on an application under, sub-section (1), the Tahsildar shall follow such procedure as may be prescribed and shall also give a reasonable opportunity to the parties concerned to make their representations either orally or in writing. If the Tahsildar decides that any modification should be made in respect of envies in the patta Pass book the shall pass an order accordingly and shall make such consequential changes in the patta pass book, as appear to him to be necessary, for giving effect to his order.
(b) If the Tahsildar decides that there is no case for effecting any modification in the entries in the patta pass book, he shall ??? the application.
(c) An order under clause (a) or clause (b) shall contain the reasons for such order and shall be communicated to the parses concerned in such manner as may be prescribed.
11. Persons to furnish information.- (1) Any person whose rights or interests are required to be, or have been entered in any patta pass book under this Act shall be bound, on the requisition of the Tahsildar engaged in preparing or modifying the entries in the patta pass book, to furnish or produce for his inspection within such ??? as may be specified in such requisition or within such further time as the Tahsildar may, in his discretion allow, all such ??? or documents needed for the correct preparation or revision ??? may be within his knowledge or in his possession or power.
(2) Where any information is furnished or any document is produced in accordance with the requisition under sub-section (1), the Tahsildar or any officer authorised by him in this ??? give a written acknowledgement thereof to the person ??? or producing the same and shall endorse, on such document under his signature stating the fact of its production and the date thereof.
12. Appeal.- Any person aggrieved by an order made by the Tahsildar under this Act may within such period as may be prescribed appeal to such authority as may be prescribed and the decision of such authority on such appeal shall subject to provisions of section 13, be final.
13. Revision.- Any officer of the Revenue Department not below, the rank of District Revenue Officer authorised by the Government, by notification, in this behalf for such ??? as may be specified in the notification, may of his own motion or on the application of a party call for and examine the records of any Tahsildar or appellate authority within his jurisdiction in respect of any proceeding under this Act and pass such orders as he may think fit:
Provided that no such order prejudicial to any person shall be made unless he has been given a reasonable opportunity of making his representation.
14. Bar of suits.- No suit shall lie against the Government or any officer of the Government in respect of a claim in have an entry made in any patta pass book that is maintained under this Act or to have any such entry omitted or amended:
Provided that if any person is aggrieved as to any right of which he is in possession, by an entry made in the patta pass book under this Act, he may institute a suit against any person ??? or interested to deny his the to such right for a declaration of his rights under Chapter VI of the Specific Relief Act, 1963 (Central Act 47 of 1963); and the entry in the patta pass book shall be amended in accordance with any such declaration.
15. Certified copies of records to be annexed to plaint or application.- (1) The plaintiff or applicant in every suit or application, as hereinafter defined relating to land situated in any area to which this Act applies shall annex to the plaint or application a certified copy, of an entry in the Register of Patta Pass Book or the patta pass book relevant to such land.
(2) If the plaintiff or applicant fails to do so, for any cause which the court deems sufficient, he shall produce such certified copy within a reasonable the to be fixed by the court and if such certified copy is not so annexed or produced, the plaint or application shall be rejected, but the rejection thereof shall not or its own force preclude the presentation of a fresh plaint in respect of the same cause of action or of a fresh application in respect of the same subject matter with a certified copy annexed.
(3) In this section,-
(a) "suit" means a suit to which the provisions of the Code of Civil ???, 1908 "(Central Act V of 1908) apply;
(b) "application" means an application,-
(i) for the execution of a decree or order in a suit;
(ii) for the filing of an agreement stating a case for be opinion of the court under the said Code of Civil Procedure;
(iii) for the filing of an agreement to refer to arbitration under section 20 of the Arbitration Act, 1940 (Central Act 20 of 1940);
(iv) for the filing of an award under Section 14 of the said Arbitration Act;
(v) of any other kind to which the Government may, by notification, direct that this section shall apply.;
(c) an application shall be deemed to relate to land, if the decree or other matter which respect to which an application is made, relates to land.
16. Penalty for failure to furnish information.- If any person fails to furnish any information or to produce any document requisitioned under sub-section (5) of section 3 or under section 11 with is the time specified in the requisition under that section or within the further time, if any allowed by the Tahsildar under that section, he shall be punishable with fine, which may extend to two hundred rupees.
17. Penally for furnishing false information.- If any person who is required to furnish any information under this Act, furnishes any information which he knows, or has reason to believe to be false, he shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees.
18. Cognizance of offences.- No court shall take cognizance of any offence punishable under this Act except on complain in writing made by and officer authorised in this behalf by the Government.
19. Protection of action taken in good faith.- No suit or other legal proceeding shall lie against any officer or authority for anything which is, in good faith, done or intended to be dons in pursuance of this Act or and rule made thereunder.
20. Exemption.- Nothing contained in this Act shall apply to any land owned by the Central Government or any State Government or any local authority.
21. Act to override other laws, etc.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law, custom or usage, or contract.
22. Power to make rules.- (1) The Government may make rules for carrying out the provisions of this Act.
(2) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day shall come into force on the day on which they are so published.
(3) Every rule, made under this Act shall, as soon as possible, after it is made, be placed on the table of both Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not he made, the rule shall thereafter have effect, only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of ??? previously done under that rule.
23. Issue of patta pass book for house site.- (1) The Tahsildar shall issue a patta pass book in every owner in respect ??? the house site owned by him.
(2) Save as otherwise provided in this Act the provisions of this Act and the rules made thereunder shall, so far as any be apply in relation to the issue of patta pass book for house site under this section, as they apply in elation of the of patta pass book for land under this Act.
Explanation.-For the purposes of this section.-
(a) "house site" means a plot of land held for building purposes, whether any building is actually erected thereupon or not, and includes the open ground or ??? enclosed by or adjacent to, any building erected thereupon but does not include land as defined in clause (4) of section 2;
(b) "owner" means any person holding house site in severalty or jointly or in common either as full owner or limited owner, but does not include a mortgagee, lessee or tenant;
(c) "patta pass book" means the patta pass book, issued under this section.
24. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Tamil Nadu Government Gazette make such provisions not inconsistent with the provisions of this ??? as appears to them to be necessary or expedient, for removing the difficulty:
Provided that no order shall be made after the expiry of the years from the date of, publication of this Act in the Tamil Nadu Government Gazette.
(2) Every order made under this section shall, as soon has may be after it is made, be laid before both Houses of the Legislature.