RTC MEAN RECORD OF RIGHTS, TENANCY AND CROPS
ITS ENGLISH FORM MAY BE VIEWD AT
The new register of Record of Rights, Tenancy and Crop Inspection (RTC) introduced as per Government Order No RD 606 LBD 59 dated 4.2.1961 and as prescribed in the Karnataka Land Revenue Rules, 1966 is maintained in Form-16 as a loose leaf register instead of the book form of Pahani Takhta or Pahani Patrike. This form a rearranged combination of some of the important village forms with a few more items of information added.
This is a very important Revenue record as it contains all possible data relating to lands held by an individual or group of individuals such as, area, assessment, water rate, classification of soil, number of trees, nature of possession of the land, whether acquired by registered or unregistered document by succession, partition, mortgage, liabilities, tenancy and details of crops grown, land utilization, area under mixed crops, etc. It is thus a combined document furnishing details about Record of Rights, Tenancy and Crops.
In the manual system the original RTC was maintained by the village accountant and a duplicate copy in the taluk office.
The RTC is maintained for each village separately, wherein all the survey numbers, sub-division of survey numbers and hissas are entered serially, one page being used for each survey number, sub-division or hissa. The ultimate unit for which the entries are made in the RTC register is a plot of land owned by an individual or a group of individuals(in case of joint ownership)
The particulars entered for each unit or hissa can be classified into two groups. Firstly, the items which generally do not change from year to year and are constant over a fairly long period. Such items are the identification number given to the unit, are, assessment, soil type, sources of irrigation and ayakat under each source, number of trees, person or persons in possession, the nature of possession, and the other rights and liabilities upon the land. Column numbers 1 to 11 of the RTC relate to this group. Secondly, items which vary from season to season, such as tenancy details, areas under different categories of land utilization, areas under various crops grown in the hissa, areas under current fallows, other fallows and the areas irrigated from different sources of irrigation Column numbers 12 and 13 of the RTC relate to this group. There is a provision for recording five years data with regard to the details of tenancy and cultivation under the second group of items.
If in the manual system a change took place in permanent or semi-permanent items i.e., information entered under columns 1 to 11, they were easily incorporated in the same form, because the number of changes were not likely to be many during the period of five years. Each change of ownership is be preceded and explained in the Mutation Register and the changes made in the RTC form will bear the corresponding serial number of the mutation register. If, however, survey number or the hissa is further sub-divided, additional forms for each new hissa were introduced in the blank forms kept at the end of the RTC register, mentioning a cross reference to the previous page.
After the preliminary Record of Records work was completed and the final Record of Rights was brought into operation, any further changes in the entries in the Record of Rights are called mutations. The manner in which the mutations are dealt with in order to maintain the Record of Rights up-to-date, is indicated in sections 128 and 129 of the Karnataka Land Revenue Act, 1964 and Rules 62 to 70 of Chapter IX of the Karnataka Land Revenue Rules, 1966.
HISTORY OF RECORDS OF REVENUE DEPARTMENT IN KARNATAKA
EXTRACTS FROM BHOOMI WEBSITE OF KARNATAKA GOVERNMENT
The Record of Rights has seen many changes in its size, contents and design (form) during the past several years. They can be grouped into two categories :l) Record of Rights prior to 1961, and2) Record of Rights after 1961.
1. The oldest record available for the year 1875-76 has 20 columns (Click here to see a sample) which gives details such as survey number, phot number, nature, area, owner details, cultivation, judi amount, and the changes (pherphar) in the name of the Khatedar.
2. The next record available for the years 1880-81 to 1884-85 has 26 columns (Click here to see a sample). This record gives the details such revision survey number, phot number, nature of land, name of the owner, area, assessment, details of crops and their share and land under cultivation, and the boundary repairs. This form appears to have continued upto 1905.
3. This record, village form number I- D (Click here to see a sample) for the year 1905-06 has 18 columns consisting serial number, survey number, phot number, name of the khatedar, area, assessment, details of changes in khatedar, tenancy details and other rights.
4. The design of the Record of Rights at the end of 1908 was to collect in one place full particulars of every distinct plot of land in the village, however small it may be. Sub-divisions of a survey number among different tenants were recorded, just as much as sub-divisions among different holders. For each plot the Record showed its area, its assessment, its nominal holder, the person actually in possession, and the name of the cultivator, with the terms of his tenancy.
5. Records for the years from 1911-12 to 1928-29(Click here to see a sample) consisted of survey number or phot number, registration number, net area under cultivation and phot kharab separately, agricultural assessment, name of the kabjedar, yearwise tenants name and lavani (cash or kind) and yearwise crop details.
6. The village record in Form 7, 7A and 12 available from 1931-32 (Click here to see a sample) onwards existed upto 1960. This record contains three parts: first part Form 7 contains the details such as survey number, hissa number, area – kirdsar and phot kharab, assessment-judi or special assessment, water share, kabjedar, other rights, rights of water channel etc., the second part Form 7A gives the yearwise name of the tenants and lavani, area and type, and the third part Form 12 gives yearwise and areawise crop details.
8. The form prescribed under the Karnataka Land Record of Rights Rules, 1961 was Form-V. It was called Pahani Patrike, Record of Rights and Tenancy Particulars (Click here to see a sample).
EXTRACTS FROM THE KARNATAKA LAND REVENUE ACT 1964
SECTION 127. Record of Rights.—(1) A record or rights shall be prepared in the prescribed manner in respect of every village and such record shall include the following particulars:—
(a) the names of persons who are holders, occupants, owners, mortgagees, landlords or tenants of the land or assignees of the rent or revenue thereof;
(b) the nature and extent of the respective interest of such persons and the conditions or liabilities (if any) attaching thereto;
(c) the rent of revenue (if any) payable by or to any of such persons; and
(d) such other particulars as may be prescribed.
(2) The record of rights shall be maintained by such officers in such areas as may be prescribed and different officers may be prescribed for different areas.
Land Revenue [1964: KAR. ACT 12 520
(3) When the preparation of the record of rights referred to in sub-section (1) is completed in respect of any village, the fact of such completion shall be notified in the official Gazette and in such manner as may be prescribed.
SECTION 128. Acquisitions of rights to be reported.—(1) Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the prescribed officer of the village within three months from the date of such acquisition, and the said officer shall at once give a written acknowledgment of the receipt of the 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 prescribed officer:
Provided further that any person acquiring a right by virtue of a registered document shall be exempted form the obligation to report to the prescribed officer:
1[Provided also that any person reporting under this sub-section the acquisition by him of a right in partition in respect of the land shall annex with the report a sketch showing the metes and bounds and other prescribed particulars of such land and such person shall get the sketch prepared by a licensed surveyor.]1
1. Inserted by Act 14 of 1999 w.e.f. 30.4.1999.
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 (Central Act No. 4 of 1882).
Explanation II.—A person in whose favour a mortgage is discharged or extinguished or a lease determined acquires a right within the meaning of this section.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification, appoint any Revenue Officer to whom a report under sub-section (1) may be made, in which case such officer shall give a written acknowledgment of the receipt of such report to the person making it, and forward the report to the prescribed officer of the village concerned.
1964: KAR. ACT 12] Land Revenue 521
(3) If any person makes a report under sub-section (1) or sub-section (2),-
(a) after the period of three months but within the period of one year from the date of acquisition of the right, the report shall be received on payment of a penalty of two rupees;
(b) after a period of one year from the date of such acquisition, the report shall be received on payment of a penalty of not less than two rupees but not exceeding ten rupees, as may be ordered,—
(i) by the Tahsildar, in case the report is made under sub-section (1) to the prescribed officer, or
(ii) by the Revenue Officer, in case the report is made to such officer under sub-section (2).
(4) No document by virtue of which any person acquires a right in any land as holder, occupant, owner, mortgagee, landlord or tenant or assignee of the rent or revenue thereunder, shall be registered under the Indian Registration Act, 1908 (Central Act 12 of 1908), unless the person liable to pay the registration fee also pays to the registering authority such fees as may be prescribed for making the necessary entries in the record of rights and registers referred to in section 129; and on the registration of such a document, the registering authority shall make a report of the acquisition of the right to the prescribed officer.
SECTION 129. Registration of mutations and register of disputed cases.—(1) The prescribed officer shall enter in the Register of Mutations every report made to him under sub-section (1) of section 128 or received by him under sub-section (2) or sub-section (4) of the said section.
(2) Whenever a prescribed officer 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 chavadi 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) Should any objection to any entry made under sub-section (1) in the Register of Mutations be made either orally or in writing to the prescribed officer, it shall be the duty of the prescribed officer to enter the particulars of the objection in a Register of Disputed Cases.
Land Revenue [1964: KAR. ACT 12 522
(4) The objections entered in the Register of Disputed Cases and such other objections as may be made during the enquiry shall be enquired into and disposed of by such officer and in such manner as may be prescribed. Orders disposing of such objections shall be recorded in the Register of Mutations by such officer.
(5) The officer holding an enquiry under sub-section (4) shall have all the powers under Chapter III, that a Revenue Officer has in making a formal or summary enquiry under this Act.
(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 such officer as may be prescribed.
(7) The transfer of entries form the Registers of Mutations to the Record of Rights shall be effected in the prescribed manner, 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.
SECTION 1[129A. Patta Book.—(1) Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue therefor), shall be supplied by the prescribed officer with a patta book containing a copy of the record of rights pertaining to such land.
(2) The patta book shall also contain information regarding the payment of land revenue in respect of the land and other State Government dues of the holder or, as the case may be, the tenant, and information as respects the cultivation of the land and the areas of crops sown in it as shown in the village records and such other matters as may be prescribed.
(3) The patta book 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 book.]1
1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982.
SECTION 130. Obligation to furnish information.—(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 officer engaged in compiling or revising the record or register, to furnish or produce for his inspection within thirty days from the date of such requisition, all such information or documents needed for the correct
1964: KAR. ACT 12] Land Revenue 523
compilation or revision thereof, as may be within his knowledge or in his possession or power.
(2) An officer to whom any information is furnished or before whom any document is produced in accordance with a requisition under sub-section (1) shall at once give a written acknowledgment thereof to the person furnishing or producing the same 1[or may return the same immediately after keeping a copy of it, if necessary]1 and shall endorse on any such document a note under his signature, stating the fact of its production and the date thereof.
1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982.
(3) Any person who fails to furnish information or produce the document required by sub-section (1) within the period specified in the said sub-section shall be liable to pay a penalty not exceeding twenty-five rupees, as may be fixed by the 1[Tahsildar]1 and the amount payable as penalty shall be recoverable as an arrear of land revenue:
1. Substituted by Act 5 of 1970 w.e.f. 23.10.1969.
Provided that no penalty shall be imposed under this sub-section without giving to the person concerned a reasonable opportunity to be heard.