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Land Record

Correctly maintained up­to­date land records are not only highly useful for policyformulation but are also very helpful in maintaining harmonious relations amongdifferent social groups in the rural society by reducing land related litigation.

For the purposes of MLR Code 1966, "Land Records" means records maintained underthe provisions of code. It includes a copy of maps and plans or a final town planningscheme, improvement scheme or a scheme of consolidation of holdings.

Department of Land Records

At the State level, the Land Records Department is controlled by the Director of LandRecords and Settlement Commissioner, Maharashtra State, Pune. At the district andtaluka level the work is done by the District Inspector of Land Records and TalukaInspector of Land Records respectively. Functions of the Land Records departmentare as follows:­

1. to maintain all survey, classification and settlement records up­to­date bykeeping a careful note of all changes by conducting field operations preliminaryto incorporation of the changes in survey records;

2. to collect and provide statistical information necessary for the soundadministration of all matters connected with land;

3. to simplify the procedure and reduce the cost of litigation in revenue and civilcourts by providing reliable survey and other land records for the purpose;

4. to supervise the preparation and maintenance of Record of Rights by periodicalinspection and maintenance and repairs of the boundary marks of individualfields;

5. to conduct periodical revision settlement operations;6. to organize and carry out surveys of village sites on an extensive scale and

arrange for their proper maintenance;7. to maintain up­to­date all village maps by incorporating necessary changes as

and when they occur;8. to maintain all tahsil maps up­to­date, to reprint them and to arrange for their

distribution to various departments for administrative purposes and for sale topublic; and

9. to train revenue officers in survey and settlement matters.

List of Land Records

1. All records maintained under various "Village Forms" are land records.2. Map or plan of survey number or subdivision of survey number prepared under

the MLR Code 19663. Town Planning Records: Maps of Town Planning Scheme, Improvement

Scheme etc.

Village Forms

Revenue accounts system at village level is maintained by Talathi in 16 village forms.Purposes of keeping these village forms are as mentioned below:­

1. To keep revenue accounts relating to area and land revenue.2. To keep accounts relating to persons from who land revenue is realizable.3. To keep Revenue Accounts of recoveries, with the balance sheet.4. To keep Revenue accounts relating to statistics for sound general

administration.5. To keep Accounts of dues other than land revenue and forms and registers in

respect of administration and other matters.

We are considering only the below mentioned forms which are required to maintain forkeeping revenue accounts relating person from whom land revenue is realizable.

1. Village Form VI2. Village Form VII­XII3. Village Form VIII­A4. Village Form VII­B5. Village Forms VI­C

Village Form VI

This form is also called register of mutation. Mutation means substitution of the namesof a person in the Record of Right. This is a record of changes in the record of right.This is done by the Revenue Officers u/s 148 to 151 and 154 of M.L.R. Code 1966.Transfer may be by Will, Sale, Mortgage, Lease, Exchange, Gift or Inheritance

This is very useful record as one can find out history of land.

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Village Form VII­XII

This is combined Registered of Record of Right and Registered of crops.

Village Form VII (Record of Right) consists of the below mentioned column.

1. Name of the village2. Name of the taluka3. Survey No/Gat No. and its sub division Number.4. Tenure (Marathi­Bhudharana paddhti­Type of occupancy)5. Name of the occupant (Marathi­Bhogvatadarache nav)6. Local name of the field.7. Cultivable area8. Total9. Uncultivable land (Marathi­Pot kharaba) class (a) and Class(b)10. Total11. Assessment12. Judi or special assessment13. Khata No.14. Rent Rs. P.15. Other rights

Explanation of entries:­

Tenure­ Occupancy

[Marathi­Bhudharana­ Occupancy, paddhti­Type of( occupancy)]

Occupant

Occupant and occupancy:­

Occupant is a person having lawful and actual possession of the land whereasoccupancy means portion of the land held by the occupant. Occupant is responsible topay land revenue to the Government. Occupancy is liable to forfeiture in caseoccupant fails to pay land revenue to the Government. On forfeiture occupant and hishairs loses all their right on the land. Occupancy is transferable immovable property.The way of transfer may be by sale, by mortgage, by lease, by exchange, by gift or byhis will.

Under section 29 of MLR Code1966 persons are classified into occupant class I andoccupant class II.

Occupant Class I

Person classified into this class is free to transfer the agricultural land withoutpermission of collector in favour of person who is agriculturist.

Occupant Class II

Lands purchased by tenant under the provision of The Bombay Tenancy AndAgricultural Lands Act 1948., lands granted by Government to the Schedule Cast/ Tribes persons, freedom fighter, member of army forces, ex­service man are allowedto transfer only after collector’s permission. Persons holding land under this categoryare classified as an Occupant Class II.

Under the column Tenure, Talathi has to write Occupant’s class (I or II)

Local name of field

Considering shape or location of the field farmers has given names to their field, forexample ohalacha mal (field where spring water is flowing). Local names are useful forfinding out exact location of land.

Potkarab Class (a) and Class (b)

It means uncultivable portion of the land. It is of two kinds­

a) that which is classed as a unfit for the cultivation i.e rocky area, land undernala and farm building etc.

b) that which is reserved for public purpose i.e. road, recognized foot path andpublic place of drinking water etc.

Khata number.

Under this column Talathi has to right khata number of form VIII­A.

Other right

1. Details of charges of attachment and decrees under the order of civil court orrevenue authorities

2. Details of loan taken by the occupant3. If land is classified as a “fragment” under the section 6 of the Bombay

prevention of fragmentation and consolidation of holding Act 1947, the same isnoted as a “fragment” in this column.

4. Easement, such as right of way.5. If right is acquired by heir­ship, names of heirs with whom land is not in actual

possession.

Village Form XII

1. This is registered of crops. In this form below mentioned details are available:­2. 3. Names of the crops and the area covered by them.4. Names and numbers of the fruit trees and fuel trees.

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5. Source of water for irrigation such as wells, tube wells and rivers etc.6. Area under grass.7. Area under building, roads and other non agricultural used.8. Land that has been left idle in the current crop season to improve the

productivity of the land, and land that is fallowed for a longer time period and forwhich no cultivation activity has been planned.

Village Form VIII­A

In this form detail of khatedars land with the area and taxes payable by him is enteredby Talathi.

Subsidiary Registers

Village Forms VI­C

This is registered of heir­ship cases. In this form below mentioned details areavailable:­

1. Name of the deceased occupant or the name of the deceased “other rightholder.”(“other right holder” means person whose name is entered in “other right”column of village form VII)

2. Date of death.3. Old khata number of village form VIII­A.( deceased occupant’s khata number)4. Names of the legal heirs5. Names of the heirs with whom land is in actual possession.(“Occupant”)6. Details of the order of the Tahasildar as to who should be enter as a “Occupant”

and who should be enter in the “other right column” of Village Form VII.7. Entry number of village form VI regarding decision taken by Tahsildar about

heir­ships.

Village Form VII­B

This is registered of persons whose names are not enter in a Record of Rights as aoccupant but are in actual possession of the land. Possession of the land for very longperiod is as good as ownership of the land.

If during the period of crop inspection Talathi finds that the person cultivating land isnot the person who is supposed to cultivate the land as per Record of Right, under thecircumstances he has to enter his name in this village form as possessor of the landand send extract of the same entry to the Tahasildar for further action. Tahasildar hasto complete enquiry as per the rules and decide the matter. For more details pleasesee chapter “Possession of the Land”

Above forms are very important as they provide protection to all who hold interest inthe land. The entries made in the village forms are evidence of the facts recordedtherein under section 35 of the Indian Evidence Act.

The above mentioned land records are open for inspection under section 327 ofMaharashtra Land Revenue Code 1966

Also visit Maharashtra Land Revenue Record of Rights and Registers (Preparationand Maintenance) Rules, 1971.

Section 327 of Maharashtra Land Revenue Code 1966

Maps and land records open to inspection, etc.

Subject to such rules and the payment of such fees as the State Government mayfrom time to time prescribe in this behalf, all maps and land records shall, subject tosuch restrictions as may be imposed, be imposed, be open to the inspection of thepublic at reasonable hours and certified extracts from the same or certified copiesthereof shall be given to all persons applying for the same.

MAHARASHTRA LAND REVENUE

(INSPECTION, SEARCH AND SUPPLY OF COPIES OF LAND RECORDS)RULES, 1970

1. Short title: ­ These rules may be called the Maharashtra Land revenue(Inspection, Search and Supply of Copies of land Records) Rules, 1970.

2. Inspection of records: ­ All documents, plans, maps, registers, accounts andrecords including land records, (hereinafter referred to as “records”) the right ofinspection of which is provided for in Sections 239 and 327 of the Code, shallwith the permission of the officer­in­charge of the same, be open to inspectionin his office during the usual officer hours every day, except Sunday and publicholidays; on payment of fees hereinafter prescribed.

3. Application for inspection:­

1) Any person desiring to inspect any records shall, himself orthrough his recognized agent, make an application for suchinspection to the officer­in­charge of such records statingtherein the particulars about the records, and the purpose forwhich the inspection is sought.

2) On receipt of an application under sub­rule (1), the officer­in­charge of the records shall grant the permission, unless theapplication is rejected under sub­rule (3).

3) If the officer­in­charge of the records (not being a Talathi)considers that the records, of which inspection is sought, areof a confidential nature or that the inspection would beprejudicial to public interest, he may record an order rejectingthe application for inspection. And where a Talathi is incharge of such records, he shall refer the application for the

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‹ Land Revenue Administration up Change in Right Over Land ›

orders of the Tahsildar.

4. Fees for inspection: ­ The fees for inspection of records shall be pre­paid incash in accordance with the rate as provided in the Schedule hereto.

(Schedule May Change From Time To Time)

5. Inspection to be made under directions of Officer: ­ The inspection shall bemade at such time, in such place and in the presence of such official as theofficer­in­charge of the records, may direct.

6. Inspection how to be made: ­ (1) No person who is permitted to inspect therecords under these rules shall during such inspection use pen and ink or makeany marks or alterations on the records inspected or extract any paperstherefrom. He shall return the record so inspected in their original conditionwhen the inspection is over. He may, during the inspection, himself or throughhis recognized agent, make in pencil a copy of the records or any portionthereof, inspection of which is permitted; but a copy so made shall be certifiedby any officer.

(2) Any person infringing this rule shall be deprived of the right of inspection forsuch period as the officer­in­charge of the records may direct, and in addition,be punishable with such fine not exceeding two hundred rupees as theCollector may, after giving such person an opportunity to be heard, deem fit toimpose.

7. Fees for search when to be charged:­ When an application is made forinspection Or copy of any records and such application does not distinctiondescribe the number, date and nature of the record required, or if the descriptiongiven in such application is incorrect, and it shall, in consequence, benecessary for the officer­in­charge of the record to search his records in order tofind the required records, a fee at the rate provided in the Schedule hereto shallbe payable in cash by the applicant in advance for such search whether theinspection or copy for which he applies, on examination of the said record bythe said officer, be granted or not.]

8. Supply of certified copies:­ certified extract or copies of record may beobtained with the permission of the officer­in­charge of the records, on paymentof fees and additional for scaled off perimeter measurement, hereinafterprescribed: provided that, no copy shall be granted of any record which hasbeen printed or lithographed and published under the authority of the StateGovernment and is on sale.]

9. Application of copies:­ (1) Any person desiring to have copy of ant recordshall himself or through his recognized agent, make an application to the officerin charge of the record stating therein the particulars of the records and purposefor which copy thereof is required.

(2) On the receipt of application under sub rule (1) the officer in­charge of therecord may grant the request, unless it is rejected under sub­rule (3).

(3) If the officer in charge of the record (not being Talathi) considers that therecord of which a copy is applied for, is of a confidential nature, or that thesupply of the copy would be prejudicial to the public interest, he may record anorder rejecting the application. Where Talathi is in­charge of such record, heshall refer the application for the order of Tahasildar.

10. Supply of true copies of certified copies:­ Subject to the provision of rules 8and 9 every officer­in ­charge of certified copy of any records shall on anapplication made to him by any person prepare and give to him a true copy ofsuch certified copy of the record under his own signature on payment of thefees hereinafter prescribed. On every such copy it shall be clearly stated bysuch officer that it is true copy of the certified copy of the record.

11. Receipt to be endorsed on copy:­ On every certified copy or extracts grantedunder these rules there shall be endorsed by the officer who receives the feesfor the same, a receipt in the following form:­

Received Rs......paise.....as fee for this certified copy, dated.... (Signed)

12. Fees for copies:­ ( Fees may change from time to time)

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