LexThe Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.
Andhra Pradesh · state statute
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THE ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971
(ACT NO. 26 of 1971)
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Preparation and maintenance of record of rights in all lands
4. Acquisition of rights to be intimated
5. Amendment of record of rights
6. Presumption of correctness of entries in record of rights
7. Inspection and copies of the record of rights
8. Bar of suits
9. Revision
10. Powers of recording and appellate authorities
11. Power to make rules
12. Act not to apply to Government lands
13. Repeal and savings
2
THE ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS
ACT, 1971
(ACT No. 26 of 1971)
AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE 1[
2[RIGHTS IN LAND] AND PATTADAR PASS BOOKS] IN THE STATE OF
ANDHRA PRADESH.
BE it enacted by the Legislature of the State of Andhra Pradesh in the Twenty -
second Year of the Republic of India as follows:-
1. Short title, extent and commencement - (1) This Ac t may be called the
Andhra Pradesh 3[4[Rights in Land] and Pattadar Pass Books] Act, 1971.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force in such area or areas and on such date or
dates as the Government may, by notification, from time to time specify in this
behalf.
2. Definitions - In this Act, unless the context otherwise requires,-
5[(1) Agricultural land” means land used for the purpose of agriculture
including raising of crops, garden produce, orchards, horticulture, plantation,
sericulture, pastures, hayricks, and such other uses as may be prescribed.]
6[7[(1-a)] .”Bhudhaar”means the unique indentification number assigned
to any parcel of land, as contained in the Rcord of Rights, in such manner as
may be prescribed;
8[(1-aa)].”Bhudhaar Card” means a document prepared in such format
as may be prescribed describing a parcel or parcels of land as contained
in the Record of Rights, and specifying the Bhudhaar Number or
Numbers assigned to such parcel or parcels, along with the stam of date
and tim e at which such card has been prepared, and, includes e-
Bhudhaar Card and m-Bhudhaar Card;
(1-b). “e-Bhudhaar Card” means a Bhudhaar Card which is generated
and maintained in an electronic form;
(1-c). “m-Bhudhaar Card” means a Bhudhaar Card which is gener ated
and maintained in an electronic form and which can be cownloaded and
used on a mobile device;
(1-d). “Permanent Bhudhaar” means a Bhudhaar Number assigned from
a district series to indicate that the Geo -referencing of the parcel of land
or lands appurtenant to the property has been completed;
(1-e). “Temporary Bhudhaar” means a Bhudhaar Number assigned from
a distinct series to indicate that the Geo -referencing of the parcel of land
or lands appurtenant to the property has not been completed.]
9[(1-f)] “certified copy” or “certified extract” means a copy or extract, as
the case may be, certified in the manner prescribed by section 76 of the Indian
1 . Words substituted by Act 1 of 1989, S. 2.
2 Words substituted by Act 9 of 1994, S. 2.
3 Words substituted by Act 1 of 1989, S. 3.
4. Words substituted by Act 9 of 1994, S. 3.
5 . Inserted by Act 33 of 2021, S.2.
6 . Inserted by Act 8 of 2019, S.2.
7 . Renumbered by Act 33 of 2021, S. 2.
8 . Renumbered by Act 33 of 2021, S. 2.
9 . Renumbered by Act 8 of 2019, S. 2.
3
Evidence Act, 1872 (Central Act 1 of 1872) 10[and sections 4 and 5 of the
Information Technology Act, 2000.]
11[(1-g) “Certificate of ownership” means Certificate of ownership issued
under section6 -A for the lands located in the Gramakantam and Non -
Agricultural lands in the village.]
(2) 12[“Collector” means the Collector of a district and includes “Joint
Collector”];
13 [ 14 [(2-a) ‘Commissioner’ means the Chief Comm issioner of Land
Administration;]]
15[(2-aa)] 16[‘credit agency’ means any banking company as defined n the
Banking Regulation Act, 1949, the State Bank of India and its subsidiaries, a
corresponding new Bank, or credit society by whatever name called,
Agricultural Development Bank and includes any other agency or individual
the main object of which is to lend money;”]
17[(2-aaa) ‘Electronically maintained’ means ‘Digitally signed Detabase”as
defined in rule 2(h) of the Andhra Pradesh Information Technology (electronic
Service Delivery) Rules, 2011;]
(3) “Government” means the State Government;
18[(4)"Land” means all lands, irrespective of its usage, falling within a
Village, inclu ding Agricultural land, Non -Agricultural land,
Grmakantametc.]
19[(4-a) “20[Tahsildar]” means the Officer incharge of Revenue Mandal
and includes any officer of the Revenue Department authorized by the
Commissioner to perform the functions of the 18[Tahsildar] under this Act;]
(5) “notification” means a notification published in the Andhra Pradesh
Gazette 21 [District Gazette] ; and the word "notified" shall be construed
accordingly;
22[(5-a) on Agricultural land” means the land oth er than Agricultural
Land.]
(6) “occupant” means a person in actual possession of land, other than a
tenant or a usufructuary mortgagee;
23[(6-a) ‘”owner” means a person who has permanent and heritable
rights of possession on the land which can be aliena ted and includes the
holder of a pattas issued to him as a landless poor person;]
24[25[26[(6-b)] “27[title deed cum pass book] means the 24[title deed cum
pass book] issued under section6-A;]]
10.Words added by Act 10 of 2016, S. 2.
11 . Clause inserted by Act 33 0f 2021, S.2.
12 .Substituted by Act 1 of 1989, S.4.
13 . Inserted by Act 1 of 1989, S.4.
14. Substituted by Act 10 of 2016, S.2.
15 Inserted by Act 11 of 1980, S.2.
16 Substituted by Act 9 of 1994, S.4.
17 Inserted by Act 10 of 2016, S.2.
18 . Clause substituted by Act No. 33 of 2021, S.2.
19 . Inserted by Act 1 of 1989, S.4.
20 . Words substituted by Act 10 of 2016, S.2.
21 . Words inserted by Act 1 of 1989, S.4.
22 . Clause inserted by Act 33 of 2021, S.2.
23 Inserted by Act 24 of 1989, S. 2.
24 Inserted by Act 11 of 1980, S.2.
25 Substituted by Act 9 of 1994, S.4.
26 Renumbered by Act 24 of 1989,S.2.
27 The words “title deed and pass book ” are substituted by “title deed cum and pass book ” by Act No. 10 of
2016,S.2 .
4
(7) “pattadar” includes every person who holds 28 [agricultural] land
directly under the Government under a patta or whose name is registered in
the land revenue accounts of the Government as pattadar 29[] and who is liable
to pay land revenue;
(8) “prescribed” means prescribed by rules made under this Act;
“(9)” 30[‘Record of Rights’ means records prepared and maintained under
the provisions, or for the purpose of this Act manuall y or electronically
maintained.]
31 [“(10) ‘Recording authority’ means such officer of the Revenue
Department as may be notified by the Collector to be the recording authority
for the purposes of this Act or such officer of the Registration Department as
may be specified for the purpose of causing provisional mutation in Reve nue
records electronically 32 [or any officer of the Government, for a specified
purpose, as prescribed by Government 2021.]]
33[(10 a) ‘Revenue Divisional Officer’ means the Deputy Collector incharge
of Revenue Division and includes a Sub-Collector or an Assistant Collector;]
11) “tenant” means-
(i) a lessee under a tenancy agreement, express or implied; or
(ii) a person who is or is deemed to be a tenant under any
law for the time being in force;
(12) “village” means any local area which is recognised as a village in the
revenue accounts of the Government.
34[(12-a) Gramakantam, Gramanatham, Abadi, Village Site or any
other name in local parlance having same meaning, means the land set apart
in a Village, for dwelling and incidental purposes.
Explanation:-
A Village can have one or more than one Gramakantam.]
3. Preparation and maintenance of record of rights in all lands - (1) As soon
as may be after the commencement of this Act in any area, there shall be
35 [prepared and brought up -to-date, from time to time, by the Recording
Authority] in such manner, and thereafter maintained in such form, as may be
prescribed, a record of rights in all lands in every village in that area and such
record of rights shall contain the following particulars, namely:-
(a) the names of all persons who are owners, pattadars, mor tgagees,
occupants or tenants of the lands;
(b) the nature and extent of the respective rights or interests of such
persons and the conditions or liabilities, if any, attaching thereto;
(c) the rent, revenue or other amount, if any payable by, or to any of such
persons;
(d) such other particulars as may be prescribed.
36[Provided that whenever a resurvey/survey is conducted in a
village under the Andhra Pradesh Survey and Boundaries Act, 1923, the
Record of Rights in all lands in that Village shall be u pdated as per the
28 . Word inserted by Act 33 of 2021, S.2.
29 Words “or as occupant or khatadar” omitted by Act 24 of 1989, S. 2.
30 . Substituted by Act 10 of 2016, S.2.
31 . Clause substituted by Act 30 of 2018, S.2.
32 . Words added by Act 33 of 2021, S.2.
33 . Inserted by Act 1 of 1989, S.4.
34 . Clause inserted by Act 33 of 2021, S.2.
35 . Words substituted by Act 1 of 1989, S. 5.
36 . Proviso inserted by Act 33 of 2021, S.3.
5
resurvey/survey records prepared under the Andhra Pradesh Survey and
Boundaries Act, 1923(Act No.VIII of 1923.]
(2) When in respect of any village the preparation of the record of rights
referred to in sub-section (1) is completed, the fact of such completion shall be
notified in the Andhra Pradesh Gazette 37[or the District Gazette] and in such
other manner as may be prescribed.
(3) Any person affected by an entry in such record of rights may, within a
period of one year from the date of the notification referred to in
sub-section (2), apply for rectification of the entry to such officer as may be
prescribed. The said officer may, after such inquiry as may be prescribed, give
his decision on such application and direct the rectification of the record of
rights in accordance with such decision which shall, subject to the provisions
of section 9, be final.
38[“3-A. Generation and updation of Bhudhaar: -Bhudhaar shall be generated
automatically as per the updated record of Rights under Section 3(1), Section 5
and Section 5-A and shall be automatically updated electronically.]
4. 39[(1) Any person acquiring by succession, survivorship, in heritance,
partition, Government patta, decree of a court or otherwise any right as owner,
pattadar, mortgagee, occupant or tenant of a land and any person acquiring
any right as occupant of a land b y any other method shall intimate in writing
his acquisition of such right, to the Mandal Revenue Officer within 40[thirty
days] from the date of such acquisition, and the said Mandal Revenue Officer
shall give or send a written acknowledgement of the rece ipt of such intimation
to the person making it:
Provided that where the person acquiring the right is a minor or
otherwise disqualified, his guardian or other persons, having charge of his
property shall intimate the fact of such acquisition to the Mandal Revenue
Officer.
(2) Notwithstanding anything contained in the Registration Act, 1908,
every registering Officer appointed under the Act and registering a document
relating to a transaction in land, such as sale, mortgage, gift, lease or otherwise
shall intimate the Mandal Revenue Officer of the Mandal in which the property
situate of such transaction 41 [electronically by transferring the data to
electronically maintained Record of Rights by the Tahasildar.]
Explanation-I: The right mentioned above shall include a mortgage without
possession and a right determined by civil court.
Explanation-II: A person in whose favour a mortgage is discharged or
extinguished, or a lease is determined, acquires a right within the meaning of
this section.]
42[(3).Notwithstanding anything contained in sub -sections(1) and (2), the
Revenue Officer responsible for preparation of Village Records shall intimate to
Tahsildar the acqulation of rights land by any person in his interdiction within
fifteen (15) days from the date of knowledge in the format as may be
prescribed.]
5. 43[Amendment and up -dating of record of rights ] - (1) On receipt of
intimation of the fact of acquisition of any right referred to in section 4, the
37 . Inserted by Act 1 of 1989, S. 5.
38. Section added by Act No. 8 of 2019, S.3.
39 . Section substituted by Act No. 9 of 1994, S. 6.
40. Words substituted by Act No. 10 of 2016, S. 4.
41 . Words added by Act No. 10 of 2016, S. 4.
42 . Sub-section added by Act No. 10 of 2016, S.4.
43 . Substituted by Act No. 1 of 1989, S. 7.
6
44[Mandal Revenue Officer] shall determine as to whether, and if so in what
manner, the record of rights may be amended in consequence thereof and shall
carry out the amendment in the record of rights in accordance with such
determination:
Provided that no order refusing t o make an amendment in accordance
with the intimation shall be passed unless the person making such intimation
has been given an opportunity of making his representation in that behalf.
45 [Provided further that when the registration is approved by the
Registering Officer, the name of the claimant shall be mutated in lieu of name
of the executants on real time basis provisional in electronically maintained
data duly assigning notional subdivision number as may be prescribed pending
enquiry by the Tahsildar:
Provided also that the provisional mutation shall be confirmed by the
Tahsildar electronically by following due procedure under sub -section (3)
within thirty days of the registration. The aggrieved person may file an appeal
to the Revenue Division Off icer within a period of fifteen days from the date of
order of the Tahsildar and decision of the appellate authority thereon shall
subject to the provisions of section 9 be, final.]
(2) Where the recording authority has reason to believe that an
acquisition of any right of a description to which section 4 applies has taken
place and of which an intimation has not been made to him under that section
and where he considers that an amendment has to be effected in the record of
rights, the recording authority shall carry out the said amendment in the
record of rights.
(3) The recording authority shall, before carrying out any amendment in
the record of rights under sub-section (1) or sub -section (2) issue a notice in
writing to all persons whose names are entere d in the record of rights and who
are interested in or affected by the amendment and to any other persons whom
he has reason to believe to be interested therein or affected thereby to show
cause within the period specified therein as to why the amendment should not
be carried out. A copy of the amendment and the notice aforesaid shall also be
published in such manner as may be prescribed. The recording authority shall
consider every objection made in that behalf and after making such enquiry as
may be prescribed pass such order in relation thereto as he deems fit.
(4) Every order passed under this section shall be communicated to the
persons concerned.
(5) Against every order of the recording authority either making an
amendment in the record of rights or refusing to make such an amendment, an
appeal shall lie to such authority as may be prescribed, within a period of sixty
days from the date of communication of the said order and the decision of the
appellate authority thereon shall, subject to t he provisions of section 9, be
final.
46[5-A Regularisation of certain alienations or other transfers of lands: -
(1) Notwithstanding anything contained in this Act, the Transfer of Property
Act, 1882, the Registration Act, 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 certificate
declaring that such alienation or transfer is valid.
(2) On receipt of such application, the Mandal Revenue Officer
shall, after making such enquiry as may be prescribed require the alienee or
the transferee to the deposit in the office of the Mandal Revenue Officer an
44.Words substituted by Act No. 9 of 1994, S. 7.
45. Added by Act No. 30 of 2018, S. 3.
46 . Inserted by Act No. 1 of 1989, S. 8.
7
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
to accordance with the provisions of the Registration Act, 1908 as fixed by the
registering officer on a reference made to him b y the Mandal Revenue Officer
on the basis of the value of the property arrived at in such manner 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 (Ceiling on Agricultural
Holdings) Act, 1973, the Urban Land (Ceiling and Regulation) Act,1976 the
Andhra Pradesh Scheduled a reas Land Transfer Regulation, 1959 and the
Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.
(3) Nothing contained in sub -section (1) and sub -section (2) shall
be deemed to validate any alienation where such alienation is in contraven tion
of the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural
Holdings) Act, 1973, the Urban Land (Ceiling and Regulation) Act, 1976 the
Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 and the
Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 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 i ssue of
certificate and such certificate shall, not with evidence of such alienation or
transfer as against the 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.]
47[ 48(6) The Mandal Revenue Officer shall have the power to correct
clerical errors, if any, in the Pass Book.]]
49[ 50[5-B.Appeal:- (1) An appeal shall lie against and order passed by the
Tassildar under sub -section (4) of section 5 -A, to the Revenue Divisional
Officer, within thirty days of the date of communication of the order and the
Revenue Divisi onal Officer shall, after due enquiry pass such order on the
appeal as he deems fit.
(2) The Revenue Divisional Officer may Suo -moto call for record of a case or
proceedings from the Recording Authority and inspect it in order to satisfy
himself that the o rder or decision passed or the proceedings taken is regular,
legal and proper and make suitable order in that behalf:
Provided that no order or decision affection the rights of the parties shall
be made unless the concerned parties are given a notice and hearing and such
order, shall, subject to revision under section 9, be final].
6. Presumption of correctness of entries in record of rights - Every entry in
the record of rights shall be presumed to be true until the contrary is proved or
until it is otherwise amended in accordance with the provisions of this Act.
51 [ 52 [The credit agency shall enter the details in the electronically
maintained Record of Rights to claim priority.]]
47 . Inserted by Act No. 1 of 1989, S.7.
48. Substituted by Act No. 24 of 1989, S.3.
49 .Inserted by Act No. 9 of 1994, S. 8.
50 . Substituted by Act No. 20 of 2011, S.2.
51 . Added by Act No. 9 of 1994, S. 9.
52 .substituted by Act No. 10 of 2016, S. 4.
8
53[ 54[6-A. Application for title deed cum pattadar pass book in respect of
agricultural land or Certificate of Ownership for land in Gramakantam or Non -
Agricultural land:-
(1) Any person claiming title deed cum pass book of any agricultural
land may apply for issue of a title deed cum pass book to the
Tahsildar or any other off icer as prescribed, on payment of such fee
as may be prescribed.
(2) Any Person claiming ownership of any land in Gramakantam or Non
Agricultural Land may apply certificate of ownership to the Tahsildar
or any other officer as prescribed, on payment of su ch fee as may be
prescribed.
(3) On making such application, the Tahsildar or such officer as
prescribed shall cause an enquiry to be made in such manner as may
be prescribed and shall issue a title deed cum pass book or certificate
of ownership in accord ance with the Record of Rights with such
particulars and in such from as may be prescribed;
Provided that no such title and deed cum pass book or
certificate of ownership shall be issued by the Tahisildar or such
officer as prescribed unless the Record of Rights have been brought
upto date.
(4) The entries in the title deed cum pass book or certificate of ownership
may be corrected on an application made to the Tahsildar or such
officer as prescribed in the manner prescribed.
(5) The Government may pres cribe by rules manner in which the title
deed cum pass book or the certificate of ownership may be issud to
pattadars or owners in accordance with the records of rights.
(6) The title deed cum pass book issued under sub -section(1) or
certificate of owners hip issued under sub -section (2) and duly
certified by the Tahsildar, or such other authority as may be
prescribed, shall be title deed cum pass book or the certificate of
ownership in respect of a patadar -owner and it shall bave 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 (Central Act 4 of 1882) as a document registered in
accordance with the provisions of the Registration Act, 1908 (Central
Act 16 of 1908) has under the law.]
55[56[6-B. No com pulsion for title deed cum pass book holder to have
entries of alienation etc., recorded in title deed cum pass book: - (1) It
shall not be mandatory for title deed cum pass book holder to get th e entries
recorded in the title deed cum pass book of any transaction of purchase or
sale, mortagege, gift, lease or otherwise or a Registering Officer appointed
under the Registration Act, 1908.(Central Act 16 of 1908).
(2) It shall not be mandatory for title deed cum pass book holder
acquiring a right by succession, survivorship, inheritance, partition,
Government patta, Court decree or owtherwise shall get necessary entries in
respect of such right recorded in the title deed cum pass book by the Tahsildar.
However, one application made for such entry it shall be mandatory for the
Tahsildar to issue updated title deed cum pass book.]
57 [6-C. 58 [Recording of grant of loans and encumbrances, etc., in
electronically maintained record of rights] :- 59[(1) Every loan granted by any
53 . Inserted by Act 11 of 1980, S.3.
54. Substituted by Act 33 of 2021, S.4.
55. Inserted by Act 11 of 1980, S.3.
56 . Substituted by Act 10 of 2016, S.7.
57 . Inserted by Act 11 of 1980, S.3.
58 .Marginal heading substituted by Act 10 of 2016, S.8.
59 Substituted by Act 1 of 1989, S.10.
9
credit agency, every encumbrance of land for the grant of a loan and every
repayment of such loan, shall be recorded 60[in electronically maintained record
of rights ] 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:]
61[ ]
62[ ]
63[(3) Every loan referred to in sub -section (1) shall be deemed to have
been secured by a charge on the land or interests of the borrower. If any loan
referred to in sub-section (1) remains unrecovered, then the credit agency shall
request the Collect or to recover the loan. On receipt of such request from a
credit agency by the Collector, every loan referred to in sub -section(1) shall be
liable to be recovered as arrears of land revenue by the Revenue Department
and the amount recovered shall be paid to the credit agency. The recovery
under the Revenue Recovery Act shall be without prejudice to other modes of
recovery available to a credit agency.]
64[6-D. Registering authority to effect registration based on electronically
maintained Record of Rights: - (1) The Registering authority appointed under
the Registration Act, 1908, shall effect the registrations on the basis of entries
made in the Record of Rights maintained electronically and shall not insist on
production of title deed cum pass book.
(2) There shall be no requirement of making an entry of the transaction
of male, gift, purchase, mortgage, lease or exchange in the tit le deed cum pass
book by the registering authority.]
65[6-E. Assignment of Bhudhaar to parcels of land: - Every parcel of land to
which the Act applies shall be assigned automatically a Bhudhaar, in such
manner as may be prescribd:
Provided that the manner of the assigning permanent Bhudhaar defined
under clause (1) shall take into consideration the geographical location of the
parcel of the land, its shape determined by the coordinates of its corner points,
ownership as per the Record of Rights.
Provided further that Bhudhaar Numbers both temporary and
permanent from specially reserved series may be assigned to parcels of land
belonging Government, Central or State, Local Bodies, or Community, or land
classified as Endowment or Wakf.
6-F. Generation Of Bhu dhaar Card:- (1) Bhudhaar Cards both temporary and
permanent shall be generated in respect of all the parcels of theland to which
Bhudhaar have been assigned and shall be made accessible online to the
Pattadars or owners of such land, in such manner as may be prescribed.
(2) Single Bhudhaar Card shall be issued for all the parcels of land held by
the same paattadar or Owner takingthe village as a unit for this purpose.
(3) The Bhudhaar Card, including e -Bhudhaar Card and m -Bhudhaar Card
will have the same legal value and status as a Pattadar Pass Book -cum-Title
Deed would have in respect of such parcels of land, as at the time of its
preparation.]
7. Inspection and copies of the record of rights - Subject to such rules as
may be made in this behalf, the record of rights shall be open to the inspection
of the public at reasonable hours free of any charge and certified copies thereof
or certified extracts there from 66[shall be given to all persons including the
60 . Words substituted by Act 10 of 2016, S.8.
61 . Proviso omitted by Act 10 of 2016, S.8.
62 . Sub-section omitted by Act 10 of 2016, S.8.
63 . Substituted by Act 9 of 1994, S.12.
64 . Substituted by Act 10 of 2016, S. 9.
65 . Inserted by Act 8 of 2019, S. 4.
66 . Words substituted by Act 1 of 1989, S.12.
10
credit agencies] applying for the same on payment of such fees as may be
prescribed.
8. Bar of suits - (1) No suit shall lie against the Government or any officer of
Government in respect of a claim to have an entry made or in relation to an
entry made in any record of rights or to have any such entry omitted or
amended.
(2) If any person is aggrieved as to any right of which he is in possession
by an entry made in any record of rights he may institute a suit against any
person denying or interested to deny his title to such right for declaration of his
right under Chapter-VI of the Specific Relief Act, 1963 (Central Act 43 of 1963),
and the entry in the record of rights shall be amended in accordance with any
such declaration.
67[9. Revision - The Collector may either suo -motu or on an application made
to him, call for and examine the record of any
Recording Authority, Mandal Revenue Officer or Revenue Divisional Officer
under sections 3,5,5A or 5B, in respect of any record of rights prepared or
maintained to satisfy himself as to the regularity, correctness, legality or
propriety of any decision taken, order passed or proceedings made in respect
thereof and if it appears to the Collector that any such decision, order Collector
that any such decision, order or proceedings should be modified, annulled or
reversed or remitted for reconsideration, he may pass orders accordingly:
Provided that no such order adversely affecting any person shall be
passed under this section unless he h ad an opportunity of making a
representation.]
10. Powers of recording and appellate authorities – 68[(1)] A recording
authority or an appellate authority or any other officer shall, for the purpose of
holding any enquiry under this Act, have the same power s as are vested in a
civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) ,
when trying a suit in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribed.
69[(2) The provisions of section 5 and sections 12 to 24 of the Limitation
Act, 1963, shall apply for the p urposes of extension and computation of the
periods prescribed in sections 3(3), 4(1), 5(5), 5A and 5B of this Act.]
70[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.]
11. Power to make rules - (1) The Government may, by notification and after
previous publication, make rules for carrying out all or any of the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for,-
(a) regulating the manner of preparation, compilation, maintenance and
amendment of the record of rights and prescribing the forms in which they are
67 . Substituted by Act 9 of 1994, S. 14.
68 . Renumbered by Act 9 of 1994, S.15.
69 . Inserted by Act 9 of 1994, S.15.
70 . Inserted by Act 1 of 1989, S. 13.
11
to be compiled or maintained, the places at which and the officer by whom
such record of rights have to be maintained and the officer by whom the said
records are to be verified and amended;
(b) the maintenance of ot her records, registers, accounts, map and plans
to be maintained for the purposes of this Act and the manner and forms in
which they shall be prepared and maintained;
71[(bb) regulating the manner of preparation, issue, maintenance and
renewal of 72[title deed and pass book.]
(c) the inspection of the records, registers and documents maintained
under this Act and the fees for the grant of copies thereof or extracts therefrom;
(d) the procedure to be followed in making enquiries and hearing appeals
under this Act;
(e) the manner in which appeals shall be filed and the fees therefor;
(f) the manner of service of any notice, intimation or other
communication to be issued under this Act;
(g) any other matter that is to be or may be prescribed under this Act.
(3) Every rule made under this Act shall, immediately after it is made, be
laid before each House of the State Legislature if it is in session and if it is not
in session, in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions and
if, before the expiration of the session in which it is so laid or the session
immediately following both Houses agree in making any modification in the
rule or in the annulment of the rule , the rule shall from the date on which the
modification or annulment is notified, have effect only in such modified form or
shall stand annulled, as the case may be; so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
12. Act not to apply to Government lands - Nothing in this Act shall apply to
the lands belonging to the State Government or Central Government.
13. Repeal and savings - The Andhra Pradesh ( Telangana Area) Record of
Rights in Land Regulation, 1358 Fasli (Regulation No.LVII of 1358F) and all
standing orders and any other provisions of law relating to the record of rights
in land as in force in the State are hereby repealed:
Provided that the provisions of section 8 of the Andhra Pradesh General
Clauses Act, 1891(Act 1 of 1891) shall be applicable in respect of the repeal of
the said enactment, standing orders and other provisions of law; and sections 8
and 18 of the said Act shall be applicable as if the said enactment, standing
orders and provisions of the law had been repealed and re-enacted by a Andhra
Pradesh Act.
71 . Inserted by Act 1 of 1989, S. 14.
72 . Words substituted by Act 9 of 1994, S.16.