Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971

(1) This Act may be called the Andhra Pradesh 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.

In this Act, unless the context otherwise requires,- (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. (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; (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 time 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 generated 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. (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 Evidence Act, 1872 (Central Act 1 of 1872) and sections 4 and 5 of the Information Technology Act, 2000. (1-g) “Certificate of ownership” means Certificate of ownership issued under section 6-A for the lands located in the Gramakantam and Non-Agricultural lands in the village. (2) “Collector” means the Collector of a district and includes “Joint Collector”; (2-a) ‘Commissioner’ means the Chief Commissioner of Land Administration; (2-aa) ‘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; (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; (4) "Land” means all lands, irrespective of its usage, falling within a Village, including Agricultural land, Non-Agricultural land, Grmakantametc. (4-a) “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 Tahsildar under this Act; (5) “notification” means a notification published in the Andhra Pradesh Gazette District Gazette; and the word "notified" shall be construed accordingly; (5-a) on Agricultural land” means the land other than Agricultural Land. (6) “occupant” means a person in actual possession of land, other than a tenant or a usufructuary mortgagee; (6-a) ‘”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 pattas issued to him as a landless poor person; (6-b) “title deed cum pass book” means the title deed cum pass book issued under section 6-A; (7) “pattadar” includes every person who holds agricultural land directly under the Government under a patta or whose name is registered in the land revenue accounts of the Government as pattadar and who is liable to pay land revenue; (8) “prescribed” means prescribed by rules made under this Act; (9) ‘Record of Rights’ means records prepared and maintained under the provisions, or for the purpose of this Act manually or electronically maintained. (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 Revenue records electronically or any officer of the Government, for a specified purpose, as prescribed by Government 2021. (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. (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.

(1) As soon as may be after the commencement of this Act in any area, there shall be 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, mortgagees, 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. 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 updated as per the (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 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.

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.

(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 by any other method shall intimate in writing his acquisition of such right, to the Mandal Revenue Officer within thirty days from the date of such acquisition, and the said Mandal Revenue Officer shall give or send a written acknowledgement of the receipt 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 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. (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.

(1) On receipt of intimation of the fact of acquisition of any right referred to in section 4, the 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 to 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. 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 Officer 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 entered 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 the provisions of section 9, be final.

(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 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 by 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 areas 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 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 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 issue 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. (6) The Mandal Revenue Officer shall have the power to correct clerical errors, if any, in the Pass Book.

(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 Divisional 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 order 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.

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. The credit agency shall enter the details in the electronically maintained Record of Rights to claim priority.

(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 officer 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 such 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 accordance 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 prescribe 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 ownership 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.

(1) It shall not be mandatory for title deed cum pass book holder to get the 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.

(1) Every loan granted by any credit agency, every encumbrance of land for the grant of a loan and every repayment of such loan, shall be recorded 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: (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 Collector 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.

(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 title deed cum pass book by the registering authority.

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.

(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.

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 shall be given to all persons including the credit agencies applying for the same on payment of such fees as may be prescribed.

(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.

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 had an opportunity of making a representation.

(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 powers 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. (2) The provisions of section 5 and sections 12 to 24 of the Limitation Act, 1963, shall apply for the purposes of extension and computation of the periods prescribed in sections 3(3), 4(1), 5(5), 5A and 5B of this Act.

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.

(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 (2) ... 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 other 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; (bb) regulating the manner of preparation, issue, maintenance and renewal of 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.

Nothing in this Act shall apply to the lands belonging to the State Government or Central Government.

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.