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Office of the Chief Commissioner of Land Administration, Telangana, Hyderabad

C I R C U L A R

CCLA’s Ref.No.LR.2/625/2016, Dt. .05.2016

Sub: Sada Bainama – Revenue Department – Guidelines for implementation of Sada Bainama for Executive Officers – Guidelines Issued – Reg.

Ref: G.O.Ms.No153 (Revenue Assignment -I) Dated 03-06-2016

&&& Attention of all the District Collectors in Telangana State is invited to the

reference cited.

In the reference cited above, the Government have issued orders for

Regularisation of unregistered sale transactions (Sada Bainama) prior to 02.06.2014

and have exempted from payment of Stamp Duty and Registration fee to an extent of Ac-

5-00gts as a onetime measure to accord an opportunity to small and marginal farmers.

Under the procedure the complete process of filing the application and tracking of the

application, enquiry of the application by the Tahsildar and the generation of the

relevant Notices (form XI &XII) as per the ROR Act shall be enabled online to ensure

that all such transactions are dealt with in an online work flow based system which will

enable transparency and accountability. The Scheme is intended purely as a welfare

scheme initiated by the Government for the benefit of the poorest of the poor farmers

who are unable to get financial benefits provided by the Government besides giving

them an opportunity to have title over their lands thereby updating / purifying of

Records under the Telangana Land Records Management System(TLRMS). The

complete process of regularization of Sada Bainama shall be done through online

process wherein applications shall be filed by the Transferee/ Sada Bainama holder at

the MeeSeva Centre and obtain an acknowledgement containing a number which can be

used as a tracking number.

As the Revenue Department is enabling a complete work flow based system on

the Telangana Land Records Management System (TLRMS) for the first time, each

Tahsildar must get personally acquainted with the procedure of digitally signing the

document & biometrically authenticating the same through Aadhar based Biometric

Authentication.

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a. The Tahsildar shall enrol his Aadhaar No. in the system & authenticate

biometrically.

b. Every proceeding under Sada Bainama regularization shall be digitally signed

and biometrically authenticated.

c. A provision has been enabled for saving all the data entered in the system

and can be retrieved at any time by the Tahsildar for digitally signing and

biometric authentication of the final proceeding (rejection proceedings /

Form-XIII (B).

d. Tahsildar must note that the process of Sada Bainama regularization online is

complete only when a regularization proceeding in Form-XIII (B) is digitally

signed & biometrically authenticated.

In view of the above, the following guidelines are issued to ensure an effective

drive to regularise all unregistered sale transactions:

1. Publicity: The District Administration shall give wide publicity in the Villages

and Mandal headquarters by way of Tom Tom & through Print & Electronic

Media besides asking utilizing the services of IKP Groups, PACs, Village

Sarpanches’ to create maximum awareness so as to avail the benefit under the

scheme.

2. How To Apply:

a. All applicants for regularization of Sada Bainama can be made only at MEESEVA Centre.

b. The last date of filing the applications is 15.06.2016. c. The Application Format in Form-X, as per the provisions of the ROR Act shall

be made available by MEESEVA. d. The applicant shall pay Rs.35/- at the time of submission of the application. e. Every applicant shall submit the following documents for registering an

application as under:

i. Aadhaar Card copy

ii. Sada Bainama document which shall be scanned and uploaded.

iii. Any other valid document apart from the Sadabainama document

shall be scanned and uploaded.

f. Every applicant shall collect an acknowledgement as a proof of having

submitted an online application at the MEESEVA centre. The reference

number of the acknowledgement shall be the basis for tracking the Sada

Bainama process at the Mandal level.

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g. Applicants are requested to keep a copy of the acknowledgment in safe

custody for ready reference to track the application.

h. Regularization of SadaBainama shall be done duly exempting from payment

of Stamp Duty and Registration Fees.

3. Computerization: A corresponding database link up shall be provided by

TSONLINE Team for transferring the application received at MEESEVA to TLRMS

for a detailed scrutiny and examination using the workflow based regularisation

module by the NIC.

4. Sensitization Process: Collectors/ Joint Collectors must sensitise:

a. All the farmers most of whom are illiterate to avail of this facility by

effectively using the VRA, Community coordinators and self help groups

etc

b. All nodal officers of Mandal’s who shall over see the program.

c. All the Revenue functionaries on the process of verification of all the

applications and subsequent acceptance or rejection along with reasons

for regularising the Sada Bainama process on the Telangana Land Record

Management System (TLRMS).

5. Pre-requisite Conditions:

a. Category of farmers covered under the scheme:

i. Sada Bainama holder should be a small and marginal farmer

having agricultural lands up to 2.5 acres Wet or 5 Acres of Dry.

ii. Sada Bainama should have been executed prior to on or before

02.06.2014.

iii. Sada Bainama holder shall be in possession of the land.

iv. The extent of Sada Bainama holders and other extents put together

shall in no case exceed the extent as per the corresponding basic

revenue record. (Sethwar/khasra /pahani).

v. The purchaser must be small /marginal farmer as on the date of

application.

vi. The regularizations shall be applicable only to the agricultural

lands located in rural areas.

vii. This scheme shall not be applicable for the transfers pertaining to

the lands located in the areas of Urban Local Bodies like HMDA,

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Kakatiya Urban Development Authority, Municipal Corporations,

Municipalities and Nagar Panchayats.

viii. The Tahsildar should see that the date of Sada Bainama

transaction must be prior to 02.06.2014.

6. Process at the Mandal: As the application details are made online through the

MEESEVA Website, the entire verification process is also made online. Each day

the Tahsildar shall get all the applications scrutinised for the correctness of the

buyers, sellers and enter if there are any additional entries to be made as given

as under and then verify the pahani and the ROR-IB along with the encumbrance

certificate from the Registration Server, they shall then proceed to generate the

form XI and XII notices to the concerned through the VRO.

7. Checking Applicant Details:

a. The Tahsildar shall verify the details of the applicant and compare with

details in the Sada Bainama there are likely to be three types of cases:-

i. Single seller enters into a Sada Bainama with a single buyers/

applicant.

ii. Multiple sellers enter into a Sada Bainama with the buyer /

applicant.

iii. Multiple sellers enter into a Sada Bainama with the multiple

buyers.

b. Tahsildars must ensure that details of all buyers / Sellers shall be entered

first in the Telangana Land Records Management System (TLRMS).

c. Verification of the Sada Bainama document and checking up the revenue

records such as

i. Pahani

ii. ROR-IB register and

iii. Encumbrance record for the piece of land.

1. If there is no encumbrance on the land the MRO proceeds to

generate the Form XI and XII

2. If there is an encumbrance on the land then the MRO shall

genuine if the encumbrance is genuine or false. It is false,

then the MRO shall conduct a detailed enquiry and give a

speaking order of its rejection.

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d. Generation of Notices:

i. Form-XI Notice to the applicant to attend before the Tahsildar

along with necessary oral and documentary evidence which shall

be served on the transferor and transferee with proper

acknowledgement will be auto generated.

ii. Form-XII Notice which shall be published in the Gram Panchayat to

the any persons interested in the case shall attend before the

Tahsildar concerned along with necessary oral or documentary

evidence bearing on the claims and objections that he may have.

8. Printing of Documents: All documents such as Sadabainama copy, Mutations

pending, Pahani, ROR-1B and Encumbrance can be printed for detailed field

inspection and should form a part of the file for sadabainama case.

9. Field Inspection: On the notified date as per Form-XI & XII the verification

officers / Team shall go on field verification and inspect on the following

parameters:

a. Inspect the Sada Bainama with the Pahani and 1B registers and the

encumbrance documents.

b. Inspect the land on ground, extent in possession and verify the total land

with the extent in the revenue records.

c. They should also ensure whether the applicant is the actual enjoyer of the

land or not.

d. They shall verify all details with the basic records such as Sethwar/ Khasra

Pahani (1954-55) / Chessala Pahani (1955-58).

e. They should also verify if the applicant/ transferee is recorded in Column 13

of Pahani as on 02.06.2014 and also in physical possession and enjoyment of

the said land, even though the name is not in the 13 column of the pahani but

he is physical possession since long time the Tahsildar should conduct

discreet local enquiry in the village by recording the statement of

neighbouring pattadars and also the village elders if the pattadar is not

available. If not the relationship with the pattadar (the link should be

established).

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10. Uploading Of Inspection Report: A detailed inspection report along with the

questionnaire shall be recorded in the field along with the witness and duly

signed by the VRO and MRI and the same shall be uploaded on the TLRMS.

11. Processing and Final Orders: The Tahsildar shall verify the complete

inspection records, and documents submitted and proceed to issue order after

digitally signing the document and biometrically authenticating the same under

Form-XIII (B) which shall be delivered to the applicant by the MEESEVA centres.

a. The Tahsildar should invariably upload the record of enquiry (VRO/MRI

Surveyor Reports, statements of witness in the document, vendor or his

legal heirs, purchaser or his successors in case of death of purchaser with

Aadhaar No. for proper identification) for generation of 13(B) certificate

with the Digital Signature of the Tahsildar concerned.

b. The Tahsildars must go through the questionnaire which is self-

explanatory (copy enclosed) and ensure that all the relevant columns

should be filled carefully and upload in the website.

c. In cases of rejection the Tahsildar should upload the endorsement to the

applicant with proper reasons. Digitally signed & biometrically

authenticate the rejection proceedings.

d. After all the above steps are complied with, the Tahsildar shall proceed to

digitally signed the Form-XIII (B) and biometrically authenticate the

same.

e. Complete updation of records in ROR-1B and Pahani.

f. The Tahsildar should also send from 13(C) to the SRO for indexing in the

Book 1 register for encumbrance.

g. Encumbrance details to be incorporated in column no. 13 of ROR-1B and

remarks column of Pahani.

h. Where there are objections by the interested parties with valid reasons

and duly furnishing evidence in support of the objection and

encumbrance on the property shall be rejected by the Tahsildar and

intimated to the applicant.

i. In all cases the Tahsildar shall either give an acceptance order in form XIII (B) or a rejection order which shall be generated by the system online and ensure that the order copy is served on the individual.

j. The status of the application shall also be made available for the general public to check the status online.

12. Time Line of Activities:

a. Day 1: Applications receipt b. Day 2: Notice to the applicant and public c. Day 8: Enquiry and claim d. Day 9: Furnishing the inspection report and decision e. Day 10: Submission of report f. Day 14: Within 4 days completion either acceptance or rejection

13. Process at the Registration Department: For all recommended cases in Form- XIII- B, form XIII –C shall be generated online by the Tahsildar transferred to the registration department where the concerned Sub Registrar shall index the entry to create an Encumbrance.

14. User manuals from NIC: A detailed user manual from NIC regarding usage of sadabainama regularization module in TLRMS shall be enabled shortly for use by the Concerned Revenue Team. Also a training programme shall be organized for the DIOs and other Technical Staff of all Districts.

15. Technical Support: The complete technical support with reference to processing of applications shall be done by the NIC. All queries relating to the registration of applications at MeeSeva shall be provided by the Meeseva support Center (Parishkaram-18004251110).

16. Monitoring reports: NIC and Meeseva shall ensure that relevant monitoring reports to track the status of applications received, processed, field Enquiries completed and cases recommended or rejected are put in place for regular monitoring at all levels.

All District Collectors/ Joint collectors shall ensure that these instructions are scrupulously followed and take this item of work on Top Priority. Further, it shall be ensured that the Revenue staff has to be adequately trained and sensitized to successfully execute the first of its kind work flow based online system using Aadhaar based biometric authentication in the Department.

Sd/- J. Raymond Peter CCLA & Spl CS

To

All the District Collectors in the Sate

Copy To

The Principle Secretary to Government, Revenue Department, Secretariat, Hyderabad The Assistant Secretary (CMRO), O/o CCLA for information

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Questionnaire for enquiry by the Tahsildar for application filed in Form-X U/s 5.A of AP Rights in Lands and Pattadar Passbooks Act, 1971 read with Rule 22 of Rules1989

S. No. Particulars Reply PART I – Details of Petition

1. (a) Name of the Applicant (Purchaser) with Surname and address

(b) If applicant is not the purchaser, relationship with the purchaser

(c) Aadhaar No (d) Contact No: Mobile L/L No

2. (i) (a) Name of the Vender/Aliener with Surname, Father’s Name and complete address

(b) Aadhaar No. (c) Contact No: Mobile or L/L No.

(ii)(a) Name of the Vender/Aliener with Surname, Father’s Name

and complete address

(b) Aadhaar No. (c)Contact No: Mobile or L/L No.

3. Details of land covered by the Application (a) Mandal: (b) Village: (c) Survey Number/Sub division Number (d) Classification(Wet/Dry) (e) Tenure of the land(Patta/Inam) (f) Total Extent of the Survey Number/Sub division Number (g) Extent covered by the un registered document (h) Boundaries of the land covered by the document

1. North 2. South 3. East 4. West

4. Date of Un Registered document PART II – Verification of Records

5. Name of the person in whose name it is shown in the latest Pahani and Form-1B

6. If the name recorded in the latest Pahani and Form-1B is different from the name of aliener shown at column 2(a) above, relationship of the aliener with the recorded owner or link with him

7 Whether alienation/transfer took place before the cut off date i.e., 02.06.2014.

8 Whether alienation/transfer relates to Agricultural lands located in urban areas covered by Mandal Head Quarters, District and State Head Quarters, Municipalities, Municipal Corporations, GHMC, GWMC and urban Agglomerations/HMDA limits etc

9 Whether alienation/transfer relates to Agricultural land in rural area

10 Whether the transferee/alienee is a Small/Marginal farmer, on the date of application. (Small farmer means person having agricultural lands up to 2.5 acres Wet or 5 Acres of Dry.)

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S. No. Particulars Reply (Marginal farmer means person having agricultural lands up to 1.25 acres of wet/2.5 acres of Dry)

11. Details of land held by the applicant as on 02.06.2014.

(a) Survey Number/Sub division Number

(b) Classification (Wet/Dry)

(c)Tenure of land

(d)Extent

12.

Whether the alienation/transfer contravenes the provisions of

1. The Andhra Pradesh Land Reforms (ceiling on Agriculture Holdings) Act, 1973

2. The Urban Land (Ceiling and Regulation) Act, 1976

3. The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959

4. The AP Assigned Lands (Prohibition of Transfers) Act, 1977 and covering Lands assigned under of G.O. Ms. No. 1406/58 and thereafter.

5. Surplus land taken over under APLR(COAH) Act 1973 and assigned to landless poor.

6. The Hindu Religious and Charitable Endowments Act, 1987

7. Waqf Act, 1995 8. Evacuee Property Act, 1950

9. Enemy property Act, 1968

10. Bhoodan and Gramdan Act, 1965 11. If the land is purchased prior to 19.03.1969, whether

permission to sell was obtained under u/s 47 & 48 of Tenancy Act, 1950?

Applicable/ Not Applicable

12. Whether there is any Government interest in the proposed land

13. Whether land covered by the un registered document is sold by a minor owner represented by his guardian?

Yes/No

14. If answer to 12 is yes, whether permission of competent court obtained and details there of.

N A

15. Whether there is Protected Tenant, and if so Name of the Protected Tenant

Yes/No

16. Encumbrances if any in respect of the Survey Number/Sub division Number covered by the un registered document (to be verified online)

17 Whether the Registration of the land covered by un registered document is prohibited under Section 22-A of Registration Act?

No

18 Whether the notice in Form-XI served of properly and date of Yes on ............................

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S. No. Particulars Reply service thereof.

19. Whether the notice in Form-XII published as required U/R 22 at the following places; (a) By affixure in chavidi or any other conscious place of the

village.

Yes on ............................

(b) By affixture on Notice Board of G.P.office,PACS & school Yes on ............................ (c) By beat of tom-tom in the village. Yes on ............................ (d) By affixture on Notice Board of Tahsil Office. Yes on ............................ (e) By affixture on Notice Board of MPPO Yes on ............................

PART III-Local Enquiry Details 20. Date of local enquiry in the village 21 Whether the applicant’s (alienee) name is found recorded in

Pahanies from the date of execution of the un registered document?

Yes/No

22 If not, which of the following methods adopted to prove the physical possession of the applicant (alienee) (a) Local enquiry with Village elders, neighbouring

cultivators duly recording their statements with Aadhaar numbers along with a copy of the Panchanama.

(b) Examining the witnesses to the un-registered document duly recording their statements with Aadhaar numbers

(c) Any other evidence like

(i) Proof of obtaining crop loan from Banks

(ii) Proof of obtaining loan from PACS

(iii) Proof of obtaining electricity connection for bore well, if any, in the land

(iv) Any other proof (to be specified)

23.

Whether the land covered by un registered document is covered by any litigation in Revenue/Civil courts as may be ascertained during the enquiry?

Yes/No

If so details; (a) Name of the court:

(b) Case No: 24 Whether the boundaries shown in the application tally on

ground during the spot inspection? Yes/No

25 Whether there were any objections in response to Notices issued in Form XI (Notice to alienor to the document) & XII (General Notice) ? If so ;

Yes/No

(a) Name of person filing objection (b) Objections in brief (c) Findings thereon after enquiry

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S. No. Particulars Reply 26 Whether any further objections raised during the local

enquiry? If so ;

(a) Objections in brief (b) Findings thereon after local enquiry

27 Decision of the Tahsildar (a) Alienation/Transfer is valid (b) Alienation/Transfer rejected for the reasons: (a) (b) (c)