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WHAT IS MEANT BY RTC? HOW IT IS PREPARED IN KARNATAKA?



RTC MEAN RECORD OF RIGHTS, TENANCY AND CROPS

ITS ENGLISH FORM MAY BE VIEWD AT

http://www.bhoomi.kar.nic.in/Bhoomi/Images/Eng-RTC.jpg

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.




To Purchase an Agricultural Land in Karnataka following eligibility should be there with purchaser


1. He or his family should not have assured annual Income of Rs 2 Lakh from non-agricultural sources (calculated as average of five years income of his all family members preceding date of purchase, Income is based on Total Income not net Income, Income from non-agricultural sources is important aspect). This aspect is not even exempted to acquiring land either through bequest or through inheritance. The section 79A (4) of Karnataka Land Reforms Act specifically prohibits inheritance also by siblings having assured annual Income of Rs 2 Lakh from non-agricultural sources.

2. Another Important aspect is the purchaser should be a personal cultivator. The documents which prove such personal cultivation is entry of persons name in column 12 of RTC FORM 16. He need not be an owner, he should be cultivator of agricultural land. Personal cultivator means cultivating land on his account by one’s own labour or by the labour of any member of his family or by hired labour or by servants under the personal supervision of oneself or through member of family.


3. Purchaser shall not purchase agricultural land on behalf of or for the use of educational Institution or religious Institution or charitable Institution or trust or society or company or association or body or co-operative society.

THE CONCEPT OF PROPERTY


Property designates those things commonly recognized as the entities in respect of which a person or group has exclusive rights. Important types of property include real property (land), personal property (other physical possessions), and intellectual property (rights over artistic creations, inventions, etc.). A right of ownership is associated with property that establishes the good as being "one's own thing" in relation to other individuals or groups, assuring the owner the right to dispense with the property in a manner he or she sees fit, whether to use or not use, exclude others from using, or to transfer ownership. Some philosophers assert that property rights arise from social convention. Others find origins for them in morality or natural law.

Various scholarly communities (e.g., law, economics, anthropology, sociology) may treat the concept more systematically, but definitions vary within and between fields. Scholars in the social sciences frequently conceive of property as a bundle of rights. They stress that property is not a relationship between people and things, but a relationship between people with regard to things.
In Roman law, property was defined as follows: ius utendi et abutendi re sua, quatenus iuris ratio patitur, 'the right to use and abuse a thing, within the limits of the law' (Justinian, Code 4, 35, 21; see also, commentary by P.J. Proudhon in ch. 2 of What is Property?.

One modern textbook on property law states:
When a layman is asked to define "property," he is likely to say that "property" is something tangible "owned" by a natural person (or persons), a corporation, or a unit of government. But such a response is inaccurate from a lawyer's viewpoint for at least two reasons: (1) it confuses "property" with the various subjects of "property," and (2) it fails to recognize that even the subjects of property may be intangible.

For a lawyer, "property" is not a "thing" at all, although "things" are the subject of property. Rather, as Jeremy Bentham asserted, property is a legally protected "expectation of being able to draw such or such an advantage from the thing" in question

Black's Law Dictionary (5th ed. 1979) states that "In the strict legal sense, [property is] an aggregate of rights which are guaranteed and protected by the government" and that the term property "includes not only ownership and possession but also the right of use and enjoyment for lawful purposes."

By contrast, Barron's Law Dictionary (2d ed. 1984) defines property as "one's exclusive right to possess, use, and dispose of a thing as well as the object, benefit, or prerogative which constitutes the subject matter of that right."
Property is usually thought of in terms of a bundle of rights as defined and protected by the local sovereignty. Ownership, however, does not necessarily equate with sovereignty. If ownership gave supreme authority it would be sovereignty, not ownership. These are two different concepts.

Traditional principles of property rights includes:
1. control of the use of the property
2. the right to any benefit from the property (examples: mining rights and rent)
3. a right to transfer or sell the property
4. a right to exclude others from the property.
Traditional property rights do not include:
1. Uses that unreasonably interfere with the property rights of another private party (the right of quiet enjoyment). [See Nuisance]
2. Uses that unreasonably interfere with public property rights, including uses that interfere with public health, safety, peace or convenience. [See Public Nuisance, Police Power]


In his classic text, "The Common Law", Oliver Wendell Holmes describes property as having two fundamental aspects. The first is possession, which can be defined as control over a resource based on the practical inability of another to contradict the ends of the possessor. The second is title, which is the expectation that others will recognize rights to control resource, even when it is not in possession. He elaborates the differences between these two concepts, and proposes a history of how they came to be attached to individuals, as opposed to families or entities such as the church.


There exist many theories. Perhaps one of the most popular was the natural rights definition of property rights was advanced by John Locke. Locke advanced the theory that when one mixes one’s labor with nature, one gains ownership of that part of nature with which the labor is mixed, subject to the limitation that there should be "enough, and as good, left in common for others"

Most legal systems distinguish different types (immovable property, estate in land, real estate, real property) of property, especially between land and all other forms of property - goods and chattels, movable property or personal property. They often distinguish tangible and intangible property


One categorization scheme specifies three species of property: land, improvements (immovable man made things) and personal property (movable man made things)
Real property rights are rights relating to the land. These rights include ownership and usage. Owners can grant rights to persons and entities in the form of leases, licenses and easements.

The two major justifications given for original property, or homesteading, are effort and scarcity. John Locke emphasized effort, "mixing your labor" with an object, or clearing and cultivating virgin land. Benjamin Tucker preferred to look at the telos of property, i.e. What is the purpose of property? His answer: to solve the scarcity problem. Only when items are relatively scarce with respect to people's desires do they become property. For example, hunter-gatherers did not consider land to be property, since there was no shortage of land. Agrarian societies later made arable land property, as it was scarce. For something to be economically scarce, it must necessarily have the exclusivity property - that use by one person excludes others from using it. These two justifications lead to different conclusions on what can be property.

Ownership of land can be held separately from the ownership of rights over that land, including sporting rights, mineral rights, development rights, air rights, and such other rights as may be worth segregating from simple land ownership.
In common law, real property was property that could be protected by one of the real actions, as opposed to personal property, where a plaintiff would have to use another form of action.

PROPERTY CONCEPT IN INDIA
In India the concept of Property was based on the function and responsibility of other members of the family concerned. The right to property is not absolute right in such context.


EARTH AND LAND
The name Earth originates from the 8th century Anglo-Saxon word erda, which means ground or soil.
Land is nothing but earth in simple words, but lets know some general things about earth. About 70.8% of the surface of earth is covered by water. About 97.5% of the water is saline, while the remaining 2.5% is fresh water. The majority of the fresh water, about 68.7%, is currently in the form of ice. About 3.5% of the total mass of the oceans consists of salt. Most of this salt was released from volcanic activity or extracted from cool, igneous rocks. Sea water has an important influence on the world's climate, with the oceans acting as a large heat reservoir.
It is estimated that only one eighth of the surface of the Earth is suitable for humans to live on—three-quarters is covered by oceans, and half of the land area is either desert (14%), high mountains (27%),or other less suitable terrain.


HISTORY OF LAND AND ITS LEGAL AFFAIRS
In pre-modern India, civil administration mainly revolved round the management of revenue affairs. Hence the assignment of land carried with it a host of administrative responsibilities. Zamindars were required to prepare details of revenue assessment, collect rent from the peasants and remit it to the state authorities and were also obliged to assist the imperial officers in the peace-keeping of the locality and to supply troops whenever needed. The superior landed interests who derived their strength and authority partly from the share of the produce and partly from their traditional superior position in the locality were well-suited to perform the state functions reposed in them by the imperial sanads.
Under Pitt's India Act of 1784 the Calcutta government enacted many rules and regulations with the object of reorganising the colonial state on a permanent basis. Attempts were made to make settlement of land with zamindars and frame durable rules and regulations to govern the state efficiently and to the benefit of both the rulers and of the ruled. lord cornwallis was sent as governor general with the positive instructions to make the new kingdom strong and stable economically and politically. Under the Act and under the instructions of the court of directors, Cornwallis was obliged to abandon the path of ruinous experiments and make permanent settlement with zamindars, talukdars and other landholders of the country.
Cornwallis concluded the permanent settlement with zamindars in March 1793. The status of zamindars and their roles came to be very different under the Permanent Settlement. The landholders of all categories were declared proprietors of land. As proprietors, zamindars were to pay government revenue without any alteration for all time to come. The zamindari property, like any other property, could be freely transferred or mortgaged without the necessity of taking any sanction from the authorities. The zamindari right was also inheritable among the successors of zamindars according to Hindu and Muslim laws of succession. Zamindars got these proprietary rights entirely gratis. In return for these rights and privileges, zamindars were required to pay revenue to government absolutely punctually according to the contract, otherwise, their lands were made liable to be sold in public auction. Zamindars were formally stripped of all state powers and privileges they had been enjoying traditionally as local potentates
The relation between zamindars and raiyats deteriorated progressively in the early part of the 19th century. The conflict between the two classes mainly originated from zamindari attempts of enhancing the established rent rate. The pressure of the permanent settlement, decline in zamindari income through rise in prices and many other factors including litigation, family feuds and fragmentation of the parent estates among successors, persuaded zamindars to enhance rent of raiyats. But raiyats were steadfastly resisting such attempts on the ground that zamindars had no right to change the pargana nirikh or established rate of rent.
A Rent Commission was established in 1880 to study the agrarian situation and report to the government suggesting remedies. Based on its report (1883) the Bengal Legislative Council enacted the bengal tenancy act 1885. The Act tried to define the rights and liabilities of all interests in land including various categories of raiyats, madhyasvatvas and landholders. Under this Act the powers of the superior landed interests to make arbitrary enhancement of rent were severely curtailed.


LAND IN THE NAME OF KARNATAKA
Though several etymologies have been suggested for the name Karnataka, the generally accepted one is that Karnataka is derived from the Kannada words karu and nādu, meaning elevated land. Karu nadu may also be read as Karu (black) and nadu (region), as a reference to the black cotton soil found in the Bayaluseeme region of Karnataka.







. It is well settled that an entry in Revenue Records does not confer title on a person whose name appears in Record of Rights

. It is settled law that entries in the Revenue Records or Jamabandi have only 'fiscal purpose' i.e. payment of land-revenue, and no ownership is conferred on the basis of such entries. So far as title to the property is concerned, it can only be decided by a competent Civil Court (vide Jattu Ram v. Hakam Singh and Ors., AIR 1994 SC 1653).

What rights does a Hindu child, who is born to persons whose marriage is declared void or voidable have under the Hindu Marriage Act?

Such a child is considered legitimate regardless of the status of the parent's marriage, if the marriage was performed according to Hindu rites under the Hindu Marriage Act, 1955 or was a civil marriage under the Special Marriage Act, 1954. Such a child may inherit the property of his parents. However, he/she does not acquire rights in relation to joint family or ancestral property.

What options are open to a woman whose husband marries someone else while still married to her? Is that bigamy?

Yes, marrying again during the lifetime of one's wife or husband is known as bigamy. It is a criminal offence, punishable with imprisonment and fine. A bigamous marriage is void, a complete nullity. If a woman has prima facie evidence that she is lawfully married to a man who is about to or has remarried, she can register a criminal complaint and the police are expected to stop him from getting remarried. If a wife learns that her husband is going to marry again she can get an injunction from the court forbidding the marriage before it occurs. After it has taken place, a wife can ask the court for a "declaration" that the second or bigamous marriage is null and void. Proving bigamy, however, is not easy. The complainant wife has to prove that both the marriages, her own as well as the second bigamous one, have been performed properly according to the appropriate ceremonies. Most prosecutions for bigamy fail because the complainant does not have the proof of the bigamous marriage. The accused husband can usually successfully claim against all efforts to prove the contrary that essential parts of the ceremony were never carried out and escape punishment.

KARNATAKA LAND LAWS