LexThe Telangana Rights in Land and Pattadar Pass Books Act, 2020
Telangana · state statute
Open in Lexace · Ask the AI about this act
THE TELANGANA RIGHTS IN LAND AND PATTADAR PASS
BOOKS ACT, 2020.
(ACT No. 9 OF 2020)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Preparation, maintenance and updating of record of
rights.
4. Protection to the State and Central Government
Lands etc.
5. Registration and effecting Change in Record of
Rights when right over the land acquired by way of
sale, gift, mortgage or exchange.
6. Effecting Change in Record of Rights when acquired
the right over the land through succession,
survivorship, inheritance.
7. Effecting Change in Record of Rights when acquired
through court decree.
8. Fraudulent issue of Pattadar Pass Book-cum-Title
Deed for Government Lands.
9. Bar of Suit.
10. Issue of Pattadar Pass Book-cum-Title Deed in
pending Cases.
11. Evidentiary value of Pattadar Pass Book-cum-Title
Deed.
12. Grant of Loans and Encumbrance.
13. Powers under Code of Civil Procedure, 1908.
14. Punishment for contravention.
2 [Act No.9 of 2020]
15. Repeal.
16. Constitution of Special Tribunals.
17. Power to make Rules.
18. Power to remove difficulties.
THE TELANGANA RIGHTS IN LAND AND PATTADAR PASS
BOOKS ACT, 2020.
ACT No. 9 OF 2020.
[19th September, 2020]
AN ACT TO CONSOLIDATE THE LAW RELATING TO THE
RECORD OF RIGHTS IN LAND IN THE STATE OF
TELANGANA.
Be it enacted by the Legislature of the Sta te of
Telangana in the Seventy -first Year of the Republic of India
as follows:-
1. (1) This Act may be called the Telangana Rights in Land
and Pattadar Pass Books Act, 2020.
(2) It extends to the whole of the State of Telangana.
(3) It shall come into force on such date 1 as the
Government may, by notification in the Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(1) “certified copy” or “certified extract” means a copy
or extract taken from Dharani, as certified in the manner
prescribed by section 76 of the Indian Evidence Act, 1872.
(2) “credit agency” means any banking company as
defined in the Banking Regulation Act, 1949, the State Bank
of India and its subsidiaries, a corresponding new Bank, a
Regional Rural Bank, a Co -operative Bank or credit society
Received the assent of the Governor on the 19th September, 2020.
1. Came into force w.e.f.29.10.2020 vide. G.O.Ms.No.116, Revenue
(Assignment-I) Department, dated 28.10.2020.
Short title, extent
and
commencement.
Definitions.
Central Act 1 of 1872.
Central Act 10 of 1949.
2 [Act No.9 of 2020]
by whatever name called, Agricultural Development Bank
and includes any other agency or individual the main object
of which is to lend money.
(3) “Dharani” means the digital platform created and
maintained for the purposes of Record of Rights.
(4) “District Collector” or “Collector” means the
Collector of the concerned district and, where the context so
requires, includes Additional Collector.
(5) “Government” means the Government of Telangana.
(6) “land” means land which is used or is capable of
being us ed for purposes of agriculture, including
horticulture but does not include land used exclusively for
non-agricultural purposes.
(7) “notification” means a notification published in the
Telangana Gazette and the expression “notify” or “notified”
shall be construed accordingly.
(8) “owner” means a person who has permanent and
heritable rights of possession on the land which can be
alienated and includes the holder of a patta issued to him as
a landless poor person.
(9) “pattadar” in relation to a land includes a person
whose name is recorded as pattadar in respect thereof in
the Record of Rights and other Land accounts of the
Government.
(10) “pattadar pass book -cum-title deed ” means the
Pattadar Pass Book -cum-Title Deed issued under the
provisions of this Act.
[Act No.9 of 2020] 3
(11) “prescribed” means prescribed by rules made
under this Act.
(12) “Record of Right (ROR)” means records prepared
and maintained electronically under the provision s, or for
the purpose of this Act in “DHARANI”.
(13) “Registrar” means the Tahsildar -cum-Joint Sub -
Registrar of the mandal where in the land is located, as
notified by the Government from time to time.
(14) “Revenue division, Mandal and village” means
respectively any area, which is notified as a Revenue
division, Mandal or village as the case may be.
(15) “Special Tribunal” means, the Tribunal as
constituted by the Government with one or more members
for the purpose of section 16.
(16) “State” means the State of Telangana.
(17) Words and expressions used in this Act but not
defined therein shall have the meaning assigned to them in
the Telangana Land Revenue Act, 1317 Fasli and the rules
made there under.
3. (1) The Record of Rights in all lands in every village of
the State shall be prepared and maintained digitally in a
centralized storage in such form and in such manner as may
be prescribed.
(2) The Record of Rights shall contain the following
particulars, namely,-
(a) The names of all persons who are pattadars of
lands;
Preparation,
maintenance and
updating of
record of rights.
Act VIII of 1317 F.
4 [Act No.9 of 2020]
(b) survey numbers and extents of each Pattadar;
(c) such other particulars as may be prescribed.
(3) The Record of Rights prepared and now being
maintained under the provisions of the Telangana Record of
Rights in Land and Pattadar Pass Books Act, 1971 in
electronic form shall be deemed to have been prepared and
maintained under sub-sections (1) and (2).
4. (1) Nothing in this Act shall apply to lands belonging to
the State Government or the Central Government.
(2) Notwithstanding any judgment, decree, order,
proceeding of court or any other authority, save the
authority prescribed under the Telangana (Abolition of
Jagirs) Regulation, 1358 F., and rules thereof, all the Jagir
lands including Paigah, Samsthans part of Jagir, Maktha,
Village Agrahar, Umli and Mukasa, etc., within the meaning
of Telangana (Abolition of Jagirs) Regulation, 1358 F., which
stood vested in the State under the said Act, the title and
ownership of such Jagir lands shall never be transferred or
shall never be deemed to have been transferred to any
person.
(3) The Jagir lands defined under the Telangana
(Abolition of Jagirs) Regulation, 1358 F., shall be recorded
and maintained as Governmen t lands in the revenue
records.
(4) Nothing in this Act shall apply to Non -Agricultural
land.
5. (1) Any person who intends to transfer or obtain an
interest in land by way of sale, gift, mortgage or exchange
under a registered document shall apply, through the
website prescribed for this purpose, to the Registrar for
Protection to the
State and Central
Government
Lands etc.,
Registration and
effecting Change
in Record of
Rights when right
over the land
acquired by way
of sale, gift,
mortgage or
exchange.
Act 26 of 1971.
Regulation LXIX of
1358 F.
Regulation LXIX of
1358 F.
[Act No.9 of 2020] 5
allotting available date and time to present the document as
per the convenience of the person.
(2) The Registrar shall allot the date and time, intimate
to the person and maintain such particulars in the register in
prescribed format.
(3) The Person mentioned in sub -section (1) shall
submit the transfer document in prescribed form, along with
affidavits in the prescribed forms and Pattadar Pass Book -
cum-Title Deeds, on the date and time allotted to them,
before the Registrar.
(4) In every case where the pattadar and property
particulars in the document are in consonance with the
entries in the Record of Rights and on payment of Stamp
Duty and Registration fee prescribed as per the Registration
Act and the Indian Stamp Act respectively and mutation
charges prescribed, the Registrar sh all register the
document and carry out the consequent amendment to the
relevant entries in the Record of Rights instantly, duly
deleting the land covered by the document from the
account of the transferor and adding the same to the
account of the transferee in case of sale, gift, and exchange.
(5) In case of mortgage, the charge created shall be
recorded in Dharani.
(6) The Registrar shall issue a new Pattadar Pass Book -
cum-Title Deed in case of a transferee who does not hold a
Pattadar Pass Book -cum-Title Deed, or a duly updated
existing Pattadar Pass Book -cum-Title Deed, as the case
may be, to the transferee and transferor under the
document, instantly after effecting the changes to the
Record of Rights. The registrar shall also furnish extract of
changes made as appear in Record of Rights to transferee
as well as to the transferor.
6 [Act No.9 of 2020]
(7) The extract of the changes to the Record of Rights
made under sub-section (4) shall be appended to and made
part and parcel of the registered document.
6. (1) Any person or persons who acquire rights over land
through succession, survivorship, inheritance and seeking
to effect change in Record of Rights, after arriving at
consensus among all the legal heirs on the manner of
division of the land among themselves, shall make an
application, enclosing the joint agreement specifying
individual shares, to the Tahsildar through the website
prescribed for this purpose, for allotting available date and
time as per the convenience of the persons to appear before
the Tahsildar.
(2) When persons of a family seek change of Record of
Rights, all the members of the family after arriving at
consensus with regard to the manner of partition of the land
among themselves shall make an application, enclosing the
joint agreement specifying individual shares, to the
Tahsildar through the website prescribed for this purpose,
for allotting available date and time as pe r the convenience
of the persons to appear before the Tahsildar.
(3) The Tahsildar shall allot the date and time, intimate
the persons and maintain such particulars in register in
prescribed format.
(4) The persons mentioned in sub -section (1) and (2),
along with the existing Pattadar Pass Book -cum-Title Deed
that are in the name of deceased person or in the name of
such family member, as the case may be, on the date and
time allotted to them shall attend the office of the Tahsildar.
(5) The Tahsildar shall on the basis of joint agreement of
all the legal heirs or all the family members, as the case may
Effecting Change
in Record of
Rights when
acquired the right
over the land
through
succession,
survivorship,
inheritance.
[Act No.9 of 2020] 7
be, shall effect the changes accordingly in Record of Rights
instantly, after payment of mutation charges as prescribed.
(6) The Tahsildar shall issu e a new Pattadar Pass Book -
cum-Title Deed in case any of the successors or the family
members, as the case may be, when they do not hold a
Pattadar Pass Book -cum-Title Deed, or a duly updated in
the existing Pattadar Pass Book -cum-Title Deeds instantly.
The Tahsildar shall also furnish extract of changes made in
Record of Rights to all of them.
(7) All the persons in possession of Pattadar Pass Book -
cum-Title Deed shall furnish the details of family members in
the manner prescribed to the Tahsildar. The T ahsildar shall
make entries of the family members in Pattadar Pass Book -
cum-Title Deeds.
7. (1) Any person who acquires right by decree of a court
and seeks to change the entries in Record of Rights, shall
apply, through the website prescribed for this purpose, to
the Tahsildar for allotting available date and time to appear
before the Tahsildar.
(2) The Tahsildar shall allot the date and time, intimate
to the person and maintain such particulars in register in
prescribed format.
(3) The person mentioned in sub-section (1) shall attend
before the Tahsildar on the date and time allotted to him.
(4) In every case where the pattadar and property
particulars in the decree are in c onsonance with the entries
in the Record of Rights and on payment of Stamp Duty and
Registration fee prescribed as per the Registration Act and
the Indian Stamp Act respectively, if not collected by the
Court before issue of the Decree and mutation charges
prescribed, the Tahsildar shall carry out the changes to the
Effecting Change
in Record of
Rights when
acquired through
court decree.
8 [Act No.9 of 2020]
relevant entries in the Record of Rights instantly, duly
deleting the land covered by the decree from the account of
the judgement debtor and adding the same to the account
of the decree holder.
(5) The Tahsildar shall issue a new Pattadar Pass Book -
cum-Title Deed to the person in case he does not hold a
Pattadar Pass Book-cum-Title Deed, or duly updated entries
in the existing Pattadar Pass Book -cum-Title Deed. The
Tahsildar shall also furnish extract of changes made in
Record of Rights to the person.
(6) The Tahsildar shall then direct the Judgement
Debtor to produce Pattadar Pass Book -cum-Title Deed on
the date specified and effect due change in Pattadar Pass
Book-cum-Title Deed.
8. On complaint or otherwise as regards to issue of
Pattadar Pass Book -cum-Title Deed fraudulently for
Government land, the District Collector shall cancel the
Pattadar Pass Book -cum-Title Deed and take action for
dismissal of the Tahsildar concerned and to initiate Criminal
Action, besides resuming the land under Law.
9. No suit shall lie against the Government or any officer of
the Government who have made an en try, in respect of any
land, made in or amended or omitted from the Record of
Rights.
10. In cases where Pattadar Pass Book -cum-Title Deed is
not so far issued due to any reason, the Tahsildar shall issue
Pattadar Pass Book -cum-Title Deed duly following the
procedure as in section 5 or 6 or 7.
11. The Pattadar Pass Book -cum-Title Deed issued under
this Act shall be deemed to be the title deed and it shall
have the same evidentiary value with regard to the title for
Fraudulent issue
of Pattadar Pass
Book-cum-Title
Deed for
Government
Lands.
Bar of Suit.
Issue of Pattadar
Pass Book-cum-
Title Deed in
pending Cases.
Evidentiary value
of Pattadar Pass
Book-cum-Title
Deed.
[Act No.9 of 2020] 9
the purpose of creation of equitable mortgage under the
provisions of the Transfer of Property Act, 1882 as a
document registered in accordance with the provisions of
the Registration Act, 1908 has, under the law.
12. (1) Any Credit Agency shall grant loan on the basis of
Record of Rights maintained electronically without insisting
on Pattadar Pass Book and copy of Pahani. The Agency
shall not keep the Pattadar Pass Book -cum-Title Deed in
case of crop loans as per the existing guidelines.
(2) The cred it agency shall record in the Record of
Rights every loan disbursed to him and every repayment of
such loan.
13. The Government or any Authority authorized by the
Government while holding enquiry under this Act shall have
the powers as are vested in Civil Court under the Code of
Civil Procedure, 1908.
14. (1) Every Officer acting under or in pursuance of the
provisions of this Act or under the rules made there under
shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code.
(2) Whoever being a public servant tampers with record
of rights or passes an order which is fraudulent, shall be
liable for the penalty of removal or dismissal from service
besides criminal proceedings under any other applicable
laws.
15. The Telangana Rights in Land and Pattadar Pass Books
Act, 1971 in force is hereby repealed from the date of
commencement of this Act.
Grant of Loans
and
Encumbrance.
Central Act 4 of 1882.
Central Act 16 of 1908.
Powers under
Code of Civil
Procedure, 1908.
Central Act 5 of 1908.
Punishment for
contravention.
Central Act 45 of 1860.
Repeal.
Act 26 of 1971.
10 [Act No.9 of 2020]
16. (1) On such repeal all the pending Appeals and Revision
cases under the provisions of Telangana Rights in Land and
Pattadar Pass Books Act, 1971 shall stand transferred to the
Special Tribunals.
(2) On disposal of appeal or revision by the Tribunal, the
order of the Tribunal shall be final and shall be implemented
under the provisions of this Act.
17. The Government may, by notification, make rules for
carrying out all or any of the purposes of this Act.
18. If any difficulty arises in giving effect to any provision of
this Act, the Government may, by notification, make such
provisions not inconsistent with the provisions of this Act, as
appear to them to be necessary or expedient for the
purpose of removing the difficulty.
* * *
Constitution of
Special Tribunals.
Power to make
Rules.
Power to remove
difficulties.