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Government Of Assam Revenue & Disaster Management

FAQs

FAQs on Conversion of land from Annual Patta to Periodic Patta (ম্যাদীকৰণ)

FAQs on Conversion of land from Annual Patta to Periodic Patta :

  1. What does conversion of Annual Patta (AP) to Periodic Patta (PP) mean ?
    Ans.~ Conversion is an official process through which status of any land settled for one year mostly in Villages (Annual Patta) or three years mostly in Towns ( Short Lease Patta) is changed to longer tenure with right to transfer which is restricted in respect of Annual or Short Lease Patta.
  2. What are the rights of an Annual Patta Holder ?
    Ans.~ An Annual Patta Holder is not a Land Holder but a Settlment Holder only to whom settlement of land is offered only for one year. Except for the hereditary right, the AP Holder has got no transferable right over the AP Land.
  3. What will happen if Annual Patta land is transferred or purchased ?
    Ans.~ If it is brought to the notice of the Revenue Officials with sufficient proof that any AP land is transferred in violation of the Rules then a proceeding for non renewal of the Annual Patta `shall be initiated and the Annual Patta will be can cancelled making the land Government. The above proceeding can be initiated either on receipt of information from anybody including the Land Record Staff or suo-moto. Once the AP land is made government, the land will be at the disposal of the Government in the Revenue & DM Department which shall decide on further course of action whether to settle the land or evict the person occupying the land.
  4. Which are the Acts or Rules we find provisions for defining Annual Patta and rights of AP Holder ?
    Ans.~ Section 11 of the Assam Land and Revenue Regulation,1886( As amended) and Rule 1(2)(c) of the Rules under the Assam Land and Revenue Regulation,1886( As amended) prescribe about the definition and rights of Annual Patta Land.
  5. What are the benefits I will get if I get my Annual Patta land converted to Periodic Patta ?
    Ans.~ Once the AP land is converted to PP land , the Land owner shall have a permanent,heritable and transferable right of use and occupancy in his land. It will be possible for the land holder to obtain Bank Loan against the PP land and also to lease out the land.
  6. Which are the Acts or Rules we find provisions for defining Periodic Patta and rights of Periodic Patta Holder ?
    Ans.~ Section 9 of the Assam Land and Revenue Regulation,1886( As amended) and Rule 1(2)(d) of the Rules under the Assam Land and Revenue Regulation,1886( As amended) prescribe about the definition and rights of Periodic Patta Land.
  7. How to apply for conversion of Annual Patta land to periodic Patta land ? What are the documents required to be furnished along with the application ?
    Ans.~ The Annual Patta Holder shall apply before the concerned Circle Officer under whose jurisdiction the AP land falls on plain paper affixing appropriate Court fee clearly mentioning the land schedule. In rural areas however, provisions for initiating suo-moto conversion process has also been made where the concerned Land Recorder(Lot Mandal) shall submit conversion proposal to the Circle Officer. The applicant has to furnish along with the application up-to-date land revenue payment receipt.
  8. Who is the competent authority to convert Annual Patta Land to Periodic Patta Land ?
    Ans.~ As per Rule 13 of the Rules under the Assam Land Revenue Regulation,1886(As amended)/ Government Land Policy,1989 the conversion of Annual lease into Periodic shall be granted:
    • By Circle Officer in rural areas excluding the area falling within the radius of 10 KMs from the boundary in case of Gauhati Municipal Corporation and 3 KMs in case of other Municipal and revenue Towns.
    • By the Deputy Commissioner of the District in respect of the area falling within the radius of 10 KMs from the boundary in case of Gauhati Municipal Corporation and 3 KMs in case of other Municipal and revenue Towns.
    • By the Government in respect of the areas within Gauhati Municipal Corporation and other notified Municipal and Revenue Towns.
  9. Are there any criteria/conditions which requires to be fulfilled for conversion of AP land to PP land ?
      Ans.~
    1. As per the provisions of Rule 105 of Assam Land Records Manual,1906 all applications for conversion should be inquired into and disposed of, as far as possible, within a period of three months from the date of receipt of the application. The following conditions need to be fulfilled in this regard:
      • The land should be demarcated and actually surveyed.
      • The land must be in a village which has been traversed, surveyed, mapped and classed.
      • The land must be actually cultivated with some permanent crop or occupied for permanent residential purposes.
      • Rule 23 of the Settlement Rules framed under the ALRR, 1886 provides that no new periodic patta shall be issued in respect of land within one chain (66 feet) of the 35 feet reservation along roads maintained by the State or the Union Government without special orders from the Govt.
      • No new periodic pattas will be proposed or ordered to be issued, if there exists any dispute over possession or over prima facie title of the land in question.
      • No new periodic pattas shall be proposed or ordered to be issued for lands within an area covered by a mining lease or situated within a town area or within 2 miles from the town area or within such distance from the town area as may be notified by the State Govt. from time to time, except under special orders of Govt. and on payment of such premium, if any, as may be fixed by Govt. from time to time.
    2. Further, the conversion of Annual Lease into periodic will be limited to:
      • The maximum area allowed to be held in rural area as per provisions of the Assam Fixation of Ceiling on land Holdings Act, 1956, as amended, inclusive of the periodic land already held by the family of the settlement holder;
      • While granting conversion of A.P. into P.P.in rural area, no portion of land falling within 22.5 metres (75 feet) from the centre line of the P.W.D. Road / N.H. way and falling within 15 metres (50 feet) from the centre line of the roads other than P.W.D. Road / N.H. way will be converted into periodic.
      • The land applied for conversion should be in the name of the original AP holder or his/her legal heirs. No conversion is admitted for the portion of AP land which is transferred in violation of Rules.
  10. Can I sell my land which has been converted to Periodic patta last year ?
    Ans.~ There is a restriction on transfer of land which has been converted to periodic patta until it completes ten years from the date of conversion order.
  11. Is it required to pay premium for conversion ?What are the rates of conversion premium ?
    Ans.~ Rate of premium to be realized for conversion: As per Govt. Circular No. RSR. 9/88/Pt. II/64, dated 25.05.1999, rates of premium for conversion of A.P. land into P.P.:

    As per Govt. Circular No. RRG.3/2001/12, dated 04.12.2003, the premium to be realized for transferred and non-transferred land is as under:

           Further, in respect of the lands falling outside the towns but within 3 KM radius of towns, the premium should be realized @ 15% of the market value. In respect of the land falling within 10 KM radius of Guwahati, the premium should be realized @ 25% of the market value [In case of non-transferred / non-alienated A.P.Land].

         Conversion premium in rural areas excluding the above cited areas for which the Circle Officers are empowered are as follows : Residential purpose : Rs.40 per Bigha For Trade/Commerce/Industrial purpose : Rs.75 per Bigha For Agricultural purpose : Rs.20 per Bigha

         As per Govt. Circular No. RRG. 130/2014/6, dated 21.04.2015, Govt. has directed to issue P.P. in favour of allotment certificate holders( Person to whom land has been alloted by the Govt.) straightway without issuing A.P. in rural areas for residential and agricultural purpose and no fee or any amount has to be realized for the conversion.

         As per Govt. Circular No. RRG. 130/2014/7, dated 02.05.2015, conversion of A.P. into P.P. has to be done in rural areas for residential and agricultural purpose without waiting for the application from the pattadars. The amount of conversion fee for the said land should be realized as arrear land revenue if the A.P. holders did not deposit the conversion fee at the time of conversion.

  12. Is there any provision for concession on payment of conversion premium ?
    Ans.~ Yes,there are provisions for concession in payment of conversion premium to the extent of 25% over the estimated due premium fixed as per Rules in force to :
    • Person belonging to Scheduled Caste and Scheduled Tribes,
    • The widows who do not have earning sons/daughters and no source of income from landed property,
    • The landless Freedom Fighters on the basis of Certificates issued by the Competent Authority.
        This concession will be available in all classes of land whether agricultural,residential, industrial,trade or commercial land both in rural and urban areas.
  13. A part of my Annual Patta land has been acquired for widening of road. Since the the land is not converted to Periodic Patta will I get full compensation against the acquired land ?
    Ans.~ No. You will get the compensation deducting the amount payable as conversion premium.
  14. If my Annual Patta land is converted to Periodic Patta do I need to pay more land revenue ?
    Ans.~Not necessarily because the land revenue is assessed depending upon the class of the land.
  15. Can Annual Patta land be mortgaged ?
    Ans.~ Annual Patta land can be mortgaged to the Government or Government sponsored Registered Co-Operative Societies for getting loan etc.