148. RECORD OF RIGHTS.

A record of rights shall be maintained in every village and such record shall include the following particulars

a)       the names of all persons (other than tenants) who are holders, occupants, owners or mortgages of the land or assignees of the rent or revenue thereof ;

b)       the names of all persons who are holding as Government lessees or tenants including tenants within the meaning of the relevant tenancy law ;

c)       the nature and extent of the respective interests of such persons and the conditions or liabilities, if any, attaching thereto ;

d)       the rent or revenue, if any, payable by or to any of such persons;

e)       such order particulars as the State Government may prescribe by rules made in this behalf, either generally or for purposes of any area specified therein.

149. ACQUISITION OF RIGHTS TO BE REPORTED.

Any person acquiring by succession, survivorship, inheritance, partition purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord, Government lessee or tenant of the land situated in any part of the State or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the Talathi within three months from the date of such acquisition, and the said Talathi shall at once give a written acknowledgement of the receipt of such report to the person making it.

Provided that, where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the Talathi.

Provided further that, any person acquiring aright with the permission of the Collector or by virtue of a registered document shall be exempted form the obligation to report to the Talathi.

Provided also that, where a person claims to have acquired aright with the permission of the Collector where such permission is required under the provisions of this Code or any law for the time being in force, such person shall on being required by the Talathi so to produce such evidence of the order by which such permission is given as may be required by rules made under this Code.

IV of 1882.

Explanation I.

The rights mentioned above include a mortgage without possession, but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882.

Explanation II.

A person in whose favour a mortgage is discharged or extinguished or lease determined, acquires a right within the meaning of this section.

Explanation III.

For the purpose of this Chapter, the term `` Talathi '' includes any person appointed by the Collector to perform the duties of a Talathi under this Chapter.

150. REGISTER OF MUTATIONS AND REGISTER OF DISPUTED CASES.

1.       The Talathi shall entertain a register of mutations every report made to him under section 149 or any intimation of acquisition or transfer under section 154 or from any Collector.

2.       Whenever a Talathi makes an entry in the register of mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the Chavdi, and shall give written intimation to all persons appearing from the record of rights or register of mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.

3.       When any objection to any entry made under sub-section (1) in the register of mutations is made either orally or in writing to the Talathi, it shall be the duty of the Talathi to enter the particulars of the objections in a register of disputed cases.

The Talathi shall at once give a written acknowledgement for the objection to the person making it in the prescribed form.

4.       Disputes entered in the register of disputed cases shall as far as possible be disposed of within one year by a revenue or survey officer not below the rank of an Aval Karkun and orders disposing of objections entered in such register shall be recorded in the register of mutations by such officer in such manner as may be prescribed by rules made by the State Government in this behalf.

5.       The transfer to entries from the register of mutations to the record of rights shall be effected subject to such rules as may be made by the State Government in this behalf.

Provided that, an entry in the register of mutations shall not be transferred to the record of rights until such entry has been duly certified.

6.       Entries in the register of mutations shall be tested and if found correct, or after correction, as the case may be, shall be certified by any revenue or survey officer not below the rank of an Aval Karkun in such manner as may be prescribed.

(Provided that, entries in respect of which there is no dispute may be tested and certified by a Circle Inspector.)

(Provided further that) no such entries shall be certified unless notice in that behalf is served on the parties concerned.

7.       The State Government may direct that a register of tenancies shall be maintained in such manner and under such procedure as may be prescribed by rules made by the State Government in this behalf.

151.      OBLIGATION TO FURNISH TO INFORMATION, OBLIGATION TO FURNISH ENTRIES FROM RECORD OF RIGHTS, ETC. TO HOLDER OR TENANT IN BOOKLET FORM AND TO MAINTAIN BOOKLET, ETC.

1.       Any person whose rights, interests or liabilities are required to be , or have been entered in any record or register, under this Chapter shall be bound, on the requisition of any revenue officer or Talathi engaged in compiling or revising the record or register, to furnish or produce for his inspection, within one month from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.

2.       A revenue officer or a Talathi to whom any information is furnished or before whom any document is produced in accordance with the requisition under sub-section (1), shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date thereof and may return the same immediately after keeping copy of it, if necessary.

3.       Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue therefor), on making an application in that behalf in writing, may be supplied by the Talathi with a booklet containing a copy of the record of rights pertaining to such land.

4.       The booklet shall also contain information regarding the payment of land revenue in respect of land and other Government dues by the holder or, as the case may be, the tenant and also information as respects the cultivation of his land and the areas of crops sown in it as shown in the village accounts and such other matters as may be prescribed.

5.       Every such booklet shall be prepared, issued and maintained in accordance with the rules made by the State Government in that behalf. Such rules may provide for fees to be charged for preparing, issuing and maintaining the booklet. ¹(The fees so charged may, subject to the orders of the State Government, if any, be retained by revenue officer preparing, issuing and maintaining the booklet).

6.       Where any booklet is prepared, issued or maintained immediately before the coming into force of this Act, such booklet shall be deemed to have been prepared, issued and maintained in accordance with the provisions of this Act and the rules made thereunder until provision is made for preparing, issuing and maintaining the booklet in any other form or manner under the rules made in that behalf by the State Government.

7.       Every information in so far as it relates to the record of rights, contained in the booklet prepared, issued or maintained or deemed to have been prepared issued or maintained in accordance with the provisions of this Code and the rules made thereunder shall be presumed to be true until the contrary is proved or until such information is duly modified under this Code.)

154. INTIMATION OF TRANSFERS BY REGISTERING OFFICERS.