The Maharashtra Land Revenue Khate-Pustika (Booklet) (Preparation, Issue and Maintenance) Rules, 19711
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Dept. No. UNF.2267-(c)-R, dated 1.4.1971.— In exercise of the powers conferred upon it by 2[clause (b)] of sub-section (2) of Section 328 read with section 151 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), and in supersession of all previous rules made in this behalf and 3[xxx] continued in force by virtue of the third proviso to Section 336 of the said Code, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of Section 329 of the said Code, namely:-
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The Maharashtra Land Revenue Khate-Pustika (Booklet) (Preparation, Issue and Maintenance) Rules, 19711
Rule 1. Short title,-
These rules may be called the Maharashtra Land Revenue Khate-Pustika (Booklet) (Preparation, Issue and Maintenance) Rules, 1971.
Rule 2. Definitions,-
In these rules, unless the context otherwise requires.—
(a) “Code” means the Maharashtra Land Revenue Code, 1966;
(b) “Duplicate” means the duplicate of any original khate-pustika prepared and supplied in place of the khate-pustika issued before in accordance with these rules;
(c) “Holder” means a holder of agricultural land referred to in Section 151 of the Code for whom a separate ledger account is maintained in the revenue accounts of the village in which such land is situated, and includes every co-sharer of a holding held jointly by the holder and such co-sharers;
(d) “Form” means the Form appended to these rules;
(e) “Khate-pustika” or “pustika” means the booklet referred to in Section 151 of the Code supplied or to be supplied to a holder, containing a copy of the record of rights pertaining to and other information referred to in sub-section (4) of Section 151 of the Code in respect of his land, and includes a supplement supplied or to be supplied for containing such information;
(f) “other items” means items recoverable in respect of any land by a Talathi under the Code and rules thereunder; but does not include revenue in respect of such land;
(g) “tagai” means any loan granted by Government and recoverable by a Talathi under any law for the time being in force.
Rule 3. Application for Khate-Pustika,-
(1) A holder may make an application for a khate-pustika in Form I to the Talathi of the village in which his land is situated. 4[The application may be presented 5[xxx] to the Talathi at any place, such as his head-quarters, or saza].
(2) The application shall be 6[accompanied] by the price of the khate-pustika 7[and the fees prescribed under Rule 11.
(3) The Talathi 8[shall give] an acknowledgement in Form 2 for the application received by him under sub-rule (1), and shall also give a receipt in Form 3 for the price of the khate–pustika received by him, and in Form 4 for the fees paid by the holder.
Rule 4. Preparation and issue of khate-pustika,-
(1) On receipt of an application under Rule 3, the Talathi shall, subject to the provisions of these rules, prepare the Khate-pustika as respects the 9[holding of the applicant] for the period commencing from the revenue year immediately preceding the date of the application to the date of the preparation of the booklet, and shall record in the booklet, a certificate as provided in Rule 10.
(2) The Khate-pustika 10[shall, inter-alia, contain] the following particulars given in the village records, namely:-
(a) demand and recovery of land revenue;
(b) demand and recovery of tagai loans;
(c) demand and recovery of other items;
(d) survey number, sub-division and area of lands comprised in the holding; and
(e) extract from the record of rights as respects each piece of land comprised in the holding together with the extract from the form of the revenue accounts of the village giving information as respects tenancy 11[*****] and 12[sowing] of crops, relating to the land in the holding.
13[(f) demand and recovery of levy on food grains;
(g) demand and recovery of loans granted by any co-operative society, the State Bank of India or any nationalised bank.
Explanation.— For the purpose of this sub-rule “nationalised bank” means any of the banks specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969 (22 of 1969).
(3) The Talathi shall prepare the booklet as provided in sub-rule (1), and issue it on payment of fee prescribed under Rule 11 to the applicant or his authorised agent within a period of 14[sixty days] from the date of receipt of the application.
Rule 5. Form and price of Khate-pustika,-
The form and the price of the Khate-pustika shall be such as may, from time to time, be determined by the State Government.
Rule 6. Talathi required to sign on joints of 15[certain pages of pustika],-
Before filling in any khate-pustika the Talathi shall sign or affix the stamp of the village or saza, as the case may be, on the joints of every two consecutive pages of the pustika, 16[except those containing particulars referred to in clause (g) of sub-rule (2) of Rule 4].
Rule 7. Entries in pustika,-
Every entry 17[other than the entry showing particulars referred to in clause (g) of sub-rule 2 of Rule 4] in the pustika shall be made personally by the Talathi 19[***] from the records of the village. The Talathi shall be held responsible for the correctness of every entry 19[made by him] in the pustika.
Rule 8. Entries from record of rights,-
Only certified entries in the record of rights shall be entered in the khate-pustika 20[provided that, where the record of rights contains a pencil entry in accordance with Rule 13 of the Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rule, 1971, a note about such entry along with the particulars about the mutations be entered in red ink in the khate-pustika.]
Rule 9. Serial number of 21[booklet],-
Each khate-pustika shall bear on its cover a separate number as fixed by the State Government consisting of four separate figures and each separated by a hyphen; the first figure shall represent the district; the second, the taluka; the third, the village; and the fourth, the number assigned to the ledger account of the holder in the land revenue accounts of the village.
Rule 10. Certificate as respects entries,-
After filling the pustika or making new entries in it, the Talathi shall certify under his signature on the blank page kept for the purpose at the end of the pustika and affix stamp of the village or saza, as the case may be, to the certificate. The 22[certificate shall be in the following terms] namely:-
“The entries on the cover pages of this booklet, the extracts from the record of rights and village accounts and all the other entries 23[made by me] for the period commencing on__________ and ending on__________ are made from the original records of the village; and I have personally seen and verified that they are in accordance with the information contained in these records.
Stamp | Signature |
Place | Talathi |
Date | Full name |
Rule 11. Fees of preparation and maintenance of Booklet,-
The holder shall pay the fees mentioned in column 3 of the Schedule hereto for the purpose mentioned in column 2 thereof.
24SCHEDULE
Sr.No. | Purpose | Amount of fees |
(1) | (2) | (3) |
1. | The first preparation of pustika | Two rupees |
2. | For making entries in khate-pustika up-to-date every year | One rupee |
25[Rule 12,-
[*****Deleted*****]
Rule 13. Maintenance of accounts,-
The Talathi shall keep and maintain in the records of the village an account of the amounts received by him on account of the cost of pustika and fees prescribed under 26[Rule 11] which are received by 27[Talathi] under Rule 3.
Rule 14. 28[Bringing Khate Pustika up-to-date,-
(1) It shall be the duty of the Talathi to bring the Khate Pustika up-to-date every year by filling in additional information or carrying out changes in the entries in the Khate-Pustika as may be necessary.
(2) For the purpose of bringing the Khate-Pustika up-to-date, the holder may present the Khate-Pustika to the Talathi either personally or through his authorised agent every year in the month of August or December or the Talathi may himself call for the same from the holder.
(3) On presentation of the Khate-Pustika to the Talathi by a holder or on Talathi obtaining the Khate-Pustika from the holder as the case may be, the Talathi shall acknowledge the receipt thereof in form 5 and specify therein the date (being the date not later than thirty days from the date of receipt of the Khate-Pustika on which the Khate-Pustika, as brought up-to-date will be returned on payment of the fees prescribed in rule 11. On payment of the fees, the Talathi shall give the holder or, as the case may be, his authorised agent a receipt in form 4 for the fees paid.]
Rule 15. Unauthorised entries and changes,-
(1) No holder—
(a) shall make entry or changes in the pustika pertaining to his holding; and
(b) shall allow any such entry or change being made by any person
29[other than the person who is competent to make any such entry or change].
(2) A Khate-pustika containing unauthorised entries or changes, shall be withdrawn, and cancelled by the Talathi or by any other revenue officer authorised in this behalf by the Tahsildar, under his signature and date. A record of such cancellation together with reasons thereof in brief may be kept separately in such manner as the Tahsildar may direct.
Rule 16. Issue of duplicate copy of Khate-Pustika,-
(1) Where any pustika is torn, defaced or due to any other reason has become unfit for use or has been lost or cancelled, the holder may make an application in Form 6 to the Circle Inspector or Circle Officer together with the old pustika, if any, for the duplicate copy of the pustika.
(2) The Circle Inspector or Circle Officer shall acknowledge such application in Form 7.
(3) After holding necessary enquiries as regards the correctness of the information given in the application, the Circle Inspector or Circle Officer shall pass an order for the issue of the duplicate copy of the pustika to the applicant.
(4) A copy of such order with the old pustika, if any, shall be sent to the Talathi for necessary action.
(5) On receipt of the order passed under sub-rule (3), the Talathi shall issue the duplicate copy of pustika 30[which shall be marked “Duplicate” in red ink] in accordance with the provisions of Rule 4 on payment of the price thereof and the fees by the applicant.
Rule 17. Issue of pustika to heirs of holder,-
31[(1) It shall not be necessary to issue a new Khate-pustika to a person who becomes a holder by succession].
(2) On application made by the successor of a deceased holder, the Talathi shall, after making necessary enquiries, transfer the pustika standing in the name of the deceased holder to the name of the successor.
(3) The application under sub-rule (2) shall be in Form 8 accompanied by the pustika which had been issued to the deceased holder.
(4) The Talathi shall acknowledge the application and the pustika in Form 5.
(5) Where the deceased holder has more than one successor and the holding is held jointly by them, each successor, being a joint holder, shall be entitled to obtain the pustika for the joint holding 32[according to the provisions of these rules].
Rule 18. 33[****Deleted****]
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FORM NO. 1
[Vide Rule 3(1)]
Application for obtaining Khate–Pustika
To,
The Talathi,
_________ Village,
__________Taluka,
_________District
I, am holder in village_______ taluka________ and my holding No. is______. My holding consists of land bearing survey numbers including sub-divisions.
I request that a Khate-Pustika, in respect of my holding, may please be issued to me.
I am sending herewith Rs________ paise______[Rupees______ and Paise_____ (in words)] as the price of the Khate-Pustika.
My present full address is as follows:-
____________________________
____________________________
____________________________
____________________________
Place:-
Date:-
Applicant/Holder’s Signature/thumb impression
Full Name:-____________________
(For Office Use Only)
Signature of Talathi and date:- | |
Sr. No. of the Khate-Pustika | |
Khate-Pustika prepared on | |
Khate-Pustika issued on | |
Name of the holder’s agent, if the khate-pustika is given to him | |
Amount received by way of fees from the holder | |
Receipt No. and date |
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FORM No. 2
[See Rule 3(3)]
Acknowledgement for the application
No.___________
Received application, dated___________ from Shri__________________ holder in_________ village____________________- taluka,______________ district_____________ for obtaining khate-pustika in respect of his land.
The Khate–pustika will be ready duly filled in on___________ and will be issued on or after the date on production of this acknowledgement letter.
Signature | |
Place:- | Talathi Name |
Date:- |
To,
The Talathi,
_________ Village,
__________Taluka,
_________District
I have received the Khate-pustika duly filled in respect of my land through Shri______________________ .
Place:-
Date:-
Signature or thumb impression of the holder
Name:-____________________
Date:-
Name of the person who actually received the Khate-Pustika_________
Signature or thumb impression of the person who actually received the
Khate-Pustika
Place:-
Date:-
Signature of Talathi
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FORM NO. 3
[See Rule 3(3)]
Receipt for the price of the booklet
No._________
Received Rs________ paise______ [(in words) Rs_____________ paise__________ only] as the______ price of the Khate-pustika from Shri.____________________ .
Place:- Signature:-_______
Date:- Talathi Name:-_________
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FORM NO.4
[See Rules 3(3) and 14(2)]
Receipt for the fees
Receipt No.___________
Received Rs________ paise______ [(in words) Rs_____________ paise__________ only] as the fee 34[for the first preparation of Khate-Pustika/for bringing the Khate-Pustika up-to-date for the period commencing on_________ and ending on_______,___ from________ Shri_____________.
Place:- Signature:-___________
Date:- Talathi
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FORM NO. 535
[See Rules 14(2) and 17(4)]
Acknowledgement receipt for Khate-Pustika
No._____________
Received from Shri______________ of__________ village,_____ taluka______ district______ the Khate-pustika No._____ for effecting change in the name of the holder/36[for brining it up-to-date] information.
The Khate-pustika will be ready on__________ duly filled in and will be issued on or after that date on production of this acknowledgement letter.
Date:- Signature
Place:- Talathi Name
To,
The Talathi,
_________ Village,
__________Taluka,
_________District
Received Khate-Pustika No.____ in respect of my holding_____ duly filled.
Place:-
Date:-
Signature or thumb impression of the holder
Name of the holder:-____________________
Name of the person who actually received the Khate-Pustika_________
Signature or thumb impression of the person who actually received the Khate-
Pustika
Place:-
Date:- Signature of the Talathi
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FORM NO. 6
[See Rule 16(1)]
Application for obtaining a duplicate copy of khate-pustika
To,
The Circle Inspector/Officer______
Circle________
Taluka_________
District_________
Sir,
I, Shri__________________, a holder in_____________ Village,__________ Taluka__________ District, hereby apply for issue of duplicate copy of khate-pustika No._______ in respect of my holding.
I furnish the information required in statement below:-
(1) Full Name of the applicant/holder_____________________
(2) Khate-pustika No____________
37[(3) Whether the khate-pustika is___________ lost.]
(4) If the Khate-pustika has become unfit for use, reasons for it becoming so____________.
The old Khate–pustika is enclosed herewith.
I solemnly affirm that the information given above is true. I am, therefore, to request you to pass necessary order for issue of a duplicate copy of my khate-pustika.
Place:-______________
Date:-______________
Signature of the applicant holder
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FORM NO. 7
[See Rule 16(2)]
Acknowledgement receipt for application made for obtaining a duplicate copy of the khate-pustika
Received from Shri___________ of_____ village,_______ taluka,________ district, an application, dated for issue of a duplicate copy of Khate-pustika No.________.
Place:-______
Circle:-______
Taluka:-_____
Date:-_______
Signature of Circle Inspector/Officer
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FORM NO.8
[Vide Rule 17(3)]
To,
The Talathi,
_________ Village,
__________Taluka,
_________District
Shri____________________ the holder in village________ taluka_______ district____________ died on__________ and his holding____________38[has to be entered] in my name as his heir.
I am sending herewith his khate-pustika No.______. Please return the same after transferring it to my name.
Place:-__________
Date:-___________
Signature_________
Full Name_________
Address___________
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Foot Notes:-
1. Published in Mah. Govt. Gazette, Part IV-B, dated 6.7.1972.
2. Amended by UNF-2267(c)-R (Spl).19.6.1972, MG.G. Pt. IV-B, dated 6.7.1972, P.1245.
3. ibid.
4. UNF-2267(c)-R (Spl).7.9.1972, MG.G. Pt. IV-B, dated 26.10.1972, P.1797.
5. Deleted by Govt. Notification of 20.11.1973.
6. Amended by UNF-2267(c)-R (Spl).19.6.1972, MG.G. Pt. IV-B, dated 6.7.1972, P.1245.
7. Ibid.
8. Amended by UNF-2267(c)-R (Spl).19.6.1972, MG.G. Pt. IV-B, dated 6.7.1972, P.1245.
9. Ibid.
10. Ibid.
11. Deleted by Govt. Notification of 20.11.1973.
12. Ibid.
13. ibid.
14. UNF-2267(c)-R (Spl).7.9.1972, MG.G. Pt. IV-B, dated 26.10.1972, P.1797.
15. Ibid.
16. Inserted by UNF-2267(c)-R (Spl).7.0.1972, MG.G. Pt. IV-B, dated 26.10.1972, P.1797.
17. Ibid.
18. Ibid.
19. Ibid.
20. Amended by UNF-2267(c)-R (Spl).19.6.1972, MG.G. Pt. IV-B, dated 6.7.1972, P.1245.
21. UNF-2267(c)-R (Spl).7.9.1972, MG.G. Pt. IV-B, dated 26.10.1972, P.1797.
22. Ibid.
23. Ibid.
24. Inserted by G.N. 8.7.1976.
25. Ibid.
26. Amended by UNF-2267(c)-R (Spl).7.10.1972, MG.G. Pt. IV-B, dated 26.10.1972, P.1797.
27. ibid.
28. Substituted by G. Notification of 9.8.1979.
29. Substituted by G. Notification of 8.7.1976.
30. UNF-2267(c)-R (Spl).7.9.1972, MG.G. Pt. IV-B, dated 26.10.1972, P.1797.
31. UNF-2267(c)-R (Spl).7.9.1972, MG.G. Pt. IV-B, dated 26.10.1972, P.1797.
32. Ibid.
33. Deleted by Government Notification of 3.4.1973.
34. Strike out whichever is unnecessary.
35. Substituted by G. Notification of 8.7.1976.
36. Ibid.
37. Amended by UNF-2267(c)-R (Spl).7.9.1972, MG.G. Pt. IV-B, dated 26.10.1972, P.1797.
38. Amended by UNF-2267(c)-R (Spl).19.6.1972, MG.G. Pt. IV-B, dated 6.7.1972, P.1245.
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