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Land Management

Land Definition: Land means a part of planet earth, and includes mountains, Plants, other greenery,
water and air space above it & all mines and minerals below it.
 Unlike other assets the extent of Land in the universe is constant. Hence it should be used
sparingly, carefully and usefully.
 J.H. Bradley, in his Autobiography of Earth, has stated “The fabrics of human life has been
woven on earthen looms”
 Arthur B Galion added to it that ”We must use every device in our legal system to protect our
land and devote it to its highest and best uses because we cannot escape to new frontiers after
abusing and ruining what we have.”
 Almost two centuries ago George Washington observed. “Our lands were originally very good:
but use and abuse have made them quite otherwise “
 Originally like air and water land was not under any exclusive ownership of individuals and it is
only in course of time that individual property rights came into existence.
 Land often required by the government and public authorities for a varied public purposes such
as public housing, town planning, industrial developments, public utility like water, drainage or
for implementation of projects relating to irrigation etc.
 In the Business of Real Estate the Land is the Prime Resource. Therefore its selection and
location needs top most prioritization.
 The land free from litigation is the primary criteria for selection in the interest of customers and
Progressive Survival of Real Estate Business.
 Land is the habitat of man and its wide use is crucial for the economic, social, and
environmental advancement of all countries.
 Although it is part of man's natural heritage, access to land is controlled by ownership patterns.

Land Documents Verification


The following is the list of documents to be verified before purchase of any land for any purpose.
1. Title Deed Owner Passbook.
2. Farmer (Pattadar) Passbook.
3. Present Owner Sale Deed.
4. Sale deed Link Documents.
5. Encumbrance Certificate for the last 30 years.
6. Land Pahani for the last 30 years.
7. Property Certificate from Tahasildar stating that the owner enjoying the property from the last
30 years.
8. Land Tax Receipts.
9. NOC from PAC (Primary Agriculture Cooperative society.)

Press Notification
Apart from the verification of The 9 Set of Documents, finally there a need of a Press Notification
Calling for Objection if any for so and so purchasing such and such land of so and so person
The PN shall have complete detains like:
1. Survey no
2. Land extent
3. Location
4. Directions
5. And other details of 3 document of ” The Set of 9 Documents”.

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Conversion of Agriculture Land into Non Agriculture Land
A.P.Agriculture Land (Conversion for non-agriculture purpose) Act 2006

Division of Land
Land is divided into usable and non-usable.
In usable land it is subdivided into salable and Non-salable.
Salable Non salable Non Usable

Residential Roads Land under HT line

Commercial Parking Rail L ands

Industrial Corridors Water Bodies

Place of Interest Public Gardens

Playground

Infrastructure

Social Facilities

Land Valuation & Land Compensation.


Land valuation is estimating the worth of a land location wise, utility wise, market wise, buyer‟s
purpose wise and ultimately the appropriate govt evaluation wise.
 Land valuation is essential to decide the land compensation.
 Whenever there is a transaction for purchase or acquisition then the land valuation arises for
payment of land consideration or land compensation.

Land compensation is the appropriate payment basing on land valuation towards the land acquired
by the govt for public utility services..
 The compensation has to be paid wholly or partly by installments out of public revenue
managed by local revenue authority. Payment of interest, when the amount of compensation
is not paid or deposited is fixed at 9% p.a.

Compensation Calculation
1. Depends on prevailing market price as on day of declaration of acquisition, and registered with
registrar of surrounding area.
2. 20 times the rental being obtained.
3. Assessment of existing assets, property, plantation potential with irrigation etc and revenue
returns in 20 years.
4. Acquisition cost + exgratia + solarium 100%+33%+33% to avoid party to enter litigation.
5. Negotiations.

Land Acquisition Act 1894


 The power of Land Acquisition originally vested in the hands of king, came to be delegated to
public bodies and corporations with the advance of civilization and complex organizations of the
state machinery.
 The Land Acquisition act 1894 is the primary legislation in India that deals with the acquisition of
land by government for public utility services.
 It forms the parent act and is the basis of all central and state laws relating to compulsory
acquisition and the compensation payable to land owner.

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Salient Features of the Land Acquisition Act.
1. Legislation giving effect to the power of “Eminent Domain‟.
2. In USA Compulsory Acquisition of Private property for the purpose of public utility Services is
referred as „Doctrine of Eminent Domain.” The principle is that “ the public interest is more
important than individual interest in the property “
3. The Eminent Domain Principle is regarded as an inherent right of a government.
4. The power of Eminent Domain has two obligations namely the property acquired should be for
public purpose only and appropriate compensation has to be paid for the land owner.
5. Legislation providing for land acquisition for public and for companies in the interest of public.
6. The appropriate govt may consider it necessary to acquire any land for the purpose of
maintaining any structure or system pertaining to
a) Irrigation.
b) Drainage
c) Road Communication.
d) Electricity etc.
7. Procedure complying with principles of natural justice to acquire the land.
8. Provision for payment of just and adequate compensation.

The following are the various statutory stages involved in the land acquisition.
1. Publication of preliminary Notification.
2. Rights accruing to govt after publication of preliminary notification.
3. Hearing of objections.
4. Declaration of intended acquisition.
5. Notice to interested persons.
6. Inquiry and award by collector.
7. Payment of compensation.
8. Temporary occupation of land.

Land Readjustment
 It is a process whereby a public authority assemble numerous small parcels of raw land without
paying monitory compensation to the owners. The Public Authority develops the land and
subdivides the land for urban use and returns some of the resulting building sites to the original
owner in proportion to the values of their land contributions and sells the remaining sites to
recover all public costs.
 Land Readjustment is therefore a temporary form of public ownership to achieve unified
control over large areas and a means of financing public service installation during crucial and
expansive land development stage of urban growth.
 In recent years this process has been used most extensively in south Korea and a little earlier in
Japan.

Examples: Mostly in Town Planning Schemes for reorganization of existing properties for better
facilities for which Betterment Charges are levied.
Problems: Practiced only by B.P.T. (Bombay Port Trust) in Mumbai when it was responsible for
planning in Mumbai.
The financial interests in the developed city have negative impact on such proposals.
Such proposals for Kamathipura area development by MHADA (Maharashtra Housing and Area
Development Authority)

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Land Pooling
It is a process of obtaining consent from the land owners in & around a particular area to complete
the formalities for land pooling by amalgamation into single property for better and affordable
common public utility services.
Examples: HUDCO financed schemes. Traffic Areas Management.
Problems: It is difficult to convince adjacent land owners for the common cause which is of public
interest and payment of compensation equally to all irrespective of their land features and directions
etc.

Land Banking
It is a process of acquiring and reserving parts of land patches in large quantity adjoining each other
for successive development schemes anticipated / incidental use in future of public utility services.
Examples: E.W.S. Housing
Problems:
Reservation of 2 to 5 % land in projects financed by HUDCO in Navi Mumbai and new towns by
CIDCO (City and Industrial Corporation in Maharashtra)
The patches are considerably small and development is not feasible unless more patches are
amalgamated.

Land Sharing
It is a process of identifying a land for various activities intended for sharing by different people at the
same time or different timings.
Examples:
Cooperative housing society, development rights of owner and investment of developer privatization
projects with land as asset of one individual/organisation
Problems: Power of attorney unless renewed lapses after one year. The concession period given by
land owner may not be adequate to recover investment with element of profit. On lapses from land
owner‟s side the land can not be used by developer to assure returns from unsuccessful project.
Private initiative by developers in redevelopment of existing old low profile construction at various
places in South Mumbai leads to a slow urban renewal.

Land Zoning
It is a process of identifying a continuous patch of land for specific purpose to conduct the specified
activities in the same land in the interest of public health & safety. The adjoining land users are
generally compatible to each other not conforming activity is segregated gradation of user practiced.
Exemples: Résidentiel Zone ; Commercial Zone; Industriel Zone etc.
V.D.A (Vidharba Development Authority) plans pertaining to L Z.
Principles: Proper reorganization of existing urban activities, public health, circulation amenities
Importance & Advantage: Smoothen existing Urban Socio Economic activities to avoid health
problem, fire, flood, quake hazards
Economic Aspects: Prevention through cost less always neglected resulting multiple losses of life
and property.

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Land Reclamation
 It is a process of recovering usable land from land submerged periodically in water and attempting
to make land suitable for farming or building etc.
 Examples: Islands, lakes, sea shore river bed with seasonal variation of water levels. Goshree
Islands, Mumbai Islands
 Problems for disposal of waste water. Waiting for low tide to dispose sewerage upto 6 hours..

URBAN LAND (CEILING & REGULATION) ACT, 1976


 The population of the country is growing rapidly, leading to unemployment in the rural areas.
 As a result the rural population has been migrating to the urban areas in search of employment.
 At the same time the urban population also is growing at a phenomenal rate.
 Unfortunately, the land does not grow in proportion to the growth in population.
 Therefore it becomes inoperative for the State to accommodate the ever growing population
within the area available.
 Since the density of population in urban area is more compared to the density in rural areas, the
land became scarce, in urban areas and cities.
 Another reason for this undesirable development is the concentration of more land only in a few
people thereby depriving others of their due share.
 The Indian constitution provides in Art. 38 that the state shall strive to promote the welfare of the
people by securing and protecting a social order in particular, strive to minimize the inequalities in
income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in different areas in different
vocations.
 Therefore, the state has realized the need to eliminate the inequalities in status, and facilities
among the individuals residing in different areas in different vocations.
 Consequently it has been considered necessary to take measures for exercising social control
over the scarce resource of urban land with a view to ensuring its equitable distribution among the
various sections of the society and also avoiding speculative transactions relating to land in urban
agglomerations.

Objectives of the Act


The Act is primarily intended to achieve the following objectives :
1. To prevent the concentration of urban property in the hands of few persons and to arrest the
speculation and profiteering in the urban property;
2. To bring about socialization of urban land in urban agglomerations to sub serve the common
good by ensuring its equitable distribution;
3. To discourage construction of luxury housing leading to conspicuous consumption of scarce
building materials and to ensure equitable distribution and utilization of such materials; and
4. To secure orderly urbanization;

The Act provided for the following


1. Imposition on ceiling on both ownership and possession of vacant land in urban
agglomerations.The ceiling would be on the basis of classification of urban agglomeration.
2. Acquisition of the excess vacant urban land by the state governments. The Governments are
conferred the powers to dispose of the vacant land to sub serve common good;
3. Payment of an amount for acquisition of land in excess, in cash and bonds;
4. Granting exemptions in respect of certain specific categories of vacant land;
5. Regulating the transfer of vacant land within the ceiling limit :
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6. Regulating the transfer of urban land or construction of future residential buildings; and
7. Restricting the plinth area for the construction of future residential buildings; and
8. Other procedural matters.

General scheme of the Act


The Urban Land (Ceiling & Regulation) Act, 1976 is primarily intended for the acquisition of vacant
land situated in certain specified urban areas called urban agglomerations.

The Act deals with four types of land viz.


1. The land which is mainly used for the purpose of agriculture;
2. The land on which a building of any kind stands at the time of commencement of the Act and
the land appurtenant to such land;
3. The land on which there is a building with a dwelling unit in it; and
4. The vacant land;

 The first kind of land i.e, the agricultural land is excluded from the dentition of 'urban land' and
therefore the ceiling limit and acquisition of excess land in that case does not arise.
 The second kind of land is not acquired but it is taken into account to determine the excess
vacant land owned or possessed by a person in any capacity.
 With regard to the third kind of land mentioned above, if a person holds vacant land and holds all
the land occupied by buildings and the land appurtenant to it, the latter also is taken into account
for calculating the extent of vacant land held by him. But the land occupied by a building, whether
with dwelling unit or not, shall not be acquired under the Act at all.

The persons amenable to the Act


 Section 2(i) of the Act defines a person as including an individual, a family, a firm, a company, or
an association or body of individuals, whether incorporated or not.
 Therefore, the Act is applicable to both the natural as well as artificial persons. All such persons, if
holding vacant land in excess of the ceiling limit, are required to file statements under Section 6
of the Act, specifying the location, extent, value and such other particulars of vacant lands etc.

Ceiling Limits

Section 4 of the Act deals with the ceiling limit. Under the said provision, in the case of every
person, the ceiling limit will be.
a) where the vacant land is situated in an UA falling within category "A" specified in Schedule I,
500 Sq. mtrs.
b) where such land is situated in an UA falling within category "B" specified in Schedule I, 1000
Sq. metres.
c) where such land is situated in an UA falling within category "C" in Schedule I, 1500 Sq.
meters.
d) Where such land is situated in an UA following with in a category “C” in schedule I, 2000 sq.
meters.

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Benami Transactions ( Prohibition ) Act 1988
Definition:
When purchases are made in false names of another person who does pay consideration while the
real title rests in another person who purchased the property and who is the beneficial owner, such
transactions are called benami transactions.
The Intention of such purchases of property made in another person‟s name is to evade law of
perpetuity. These transactions defrauded creditors as well as public revenues.

Salient Features:
In 1976, the Parliament introduced section 281-A of the Income Tax Act, 1961 thereby barring
institution of suit in relation to benami properties. But since it did not stop benami transactions and
the resultant repercussions, parliament enacted this act.

The act inter alia provides the following :


a) Entering into benami transaction after the commencement of the new law will be an offence with
the exception recommended in the act with respect to the benefit of the wife or unmarried
daughter.
b) All the properties held benami would be subject of acquisition as per procedure.
c) It is provided that no amount shall be payable for the acquisition of any property held benami.

Benami transaction denotes purchases of property in false name. The word “property” includes
property, movable or immovable, tangible or intangible as also any right or interest in such property.
There are four principles governing whether a transfer is benami or not:
1) The burden of showing that a transfer is benami lies on the person who asserts that it is such
a transaction.
2) If it is proved that the purchase money came from a person other than the person in whose
favour the property is transferred, the purchase is prima facie assumed to be for the
benefit of the person who supplied the purchase money, unless there is evidence to the
contrary.
3) The true character of the transaction is governed by the intention of the person who has
contributed the purchase money.
4) The question as to what his intention was to be decided on the basis of the surrounding
circumstances.

I.Prohibition of benami transactions


a) No person shall enter into any benami transaction.
b) Nothing shall apply to the purchase of property by any person in the name of his wife or
unmarried daughter and it shall be he contrary is proved, that the said property has been
purchased for the benefit of the wife or the unmarried daughter.

II.Prohibition of the right to recover property held benami.


1. The right to recover property held benami has been prohibited and no suit, claim or action to
enforce any such right is invalid.

2. Nothing in this section shall apply,


a. Where the person in whose name the property is coparcener in a Hindu undivided
family and the property is held for the benefit of the coparceners in the family; or

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b) Where the person in whose name the property is held is a trustee or other person
standing in a fiduciary capacity, and the property is held for the benefit of another
person for whom he is a trustee or towards whom hestands in such capacity.

III Property held benami liable to acquisition


a) All properties held benami shall be subject to acquisition by such authority, in such a manner
and after following such procedure, as may be prescribed.
b) No amount shall be payable for the acquisition of any property.

Land Record Management.


 Land Records are essential documents to understand the nature of land, its location, its
importance w.r.t above ground & below ground, its value, and its present owners, how he
acquired, how many past owners, since how long, its liabilities and values.
 Accurate knowledge of natural resources and accurate description and record of such
knowledge are the essential prerequisite to their rational use and conservation.
 Land information is prime requisite for making decisions related to land investment,
development and management.
 Information reduces uncertainty by helping to identify and analyse problems.
 Increasingly it has been recognised that policy makers, planners, land administrators, and
individual citizens all have a need for information about the land make significant use of spatial
data on a day to day basis.

 The value of the information and the effectiveness of the decision making process are directly
related to the quality of the information and the manner in which it is made available.

 During the last decade started computerization of land records of the country by storing the
records in simple file based on database.
 Multilingual support was the essential feature in these record-keeping systems.
 During the new millennium the data keeping process was further enhanced to Maps with the
support of GIS.
 AGeological Information System may be formally defined as a combination of human and
technical resources, together with a set of organizing procedures that produces information in
support of some managerial requirement.

Data are raw collection of facts.


 Data relating to land may be acquired and held in alphanumeric form (for example books), or
graphically (for example, as maps or aerial photographs), or digitally (for example, using
electronic methods).
 To become information, the raw data must be processed so that it can be understood by a
decision maker.
 A Land Information System gives support to Land Management by providing information about
the land, the resources upon it and the improvements made to it.
 Land information system may be designed to serve one primary function or they may be
multifunctional for supporting strategic planning.
 The focus is on determining organizational objectives and on the resources employed to achieve
them.
 Some provide for management control and are concerned with the effective use of resources so
as to accomplish an organization‟s objectives.

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The ultimate goal is to meet the needs of users more efficiently, effectively and equitably.

There are two categories of land documents.


1. Descriptive: It is in the form of notes & this contains details like Sl. No. Land owner,
Survey No. Group No. Village no. Crop pattern, infrastructure, valuation etc.,
2. Demarcative: It is in the form of Drawings with various details like, directions, adjacent
surroundings and other technical information.

Land Information System


A system which gives support to land management by providing information about the land, the
resource upon it and the improvement made to it.

LIS
a) Manual System – Limited technical resources
b) Computer based system – High technology applied to data storage, Processing and
Communication

Cadastre: It is another name for “ Register of Property “ and its users are ranging from Owners,
Lawyers, Surveyors, Values, Real Estate Managers and Government Agencies.

INFORMATION SYSTEM: DIFFERENT CATEGORY


Environmental Information:
Delimiting environmental zones – Physical/ Biotic phenomenon e.g. areas liable to flooding

Infrastructure Information:
Engineering and utility structure such as underground services and pipelines

Cadastral Information:
Related to zones where specific land rights/ Areas for particular planning restrictions.

Socio-Economic information:
Statistical and census type data

Creation Stages:
1st step – Identify and map all properties
2nd step – Classify each property
3rd step – Analyze market data
4th step – Value each property
5th step – Identify owners and tax payers
6th step – Establish appeals and procedures

Benefits
a) Efficient handling of land title documents.
b) Greater security of tenure.
c) Quick response to routine enquires.
d) Accuracy in land planning.
e) Reduction in land disputes – boundaries.
f) Stimulation of the land market.
g) Lower transaction cost.

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h) Transparency in the system and easy monitoring of land market.

Planning
a) Planning Land Use: (Master Plan) Macro Level
b) Land Use Planning: (Detailed Plan) Micro Level

 Since the very beginning of planning the purpose behind it has been very pious i.e. to create
an optimum healthy living environment for the people.
 Planning has to arrange different activities or functions, different land users, different facilities
so as to say different developments for creating that healthy environment.
 Planning in its broad sense implies management of change which by definition has to be
dynamic, adaptive and specific to local condition to be effective.
 A planning must be future oriented anticipating change and innovation.

Dist Planning: Town planning in its essence deals with control over use of land in public interest so
as to secure economy, convenience, safety and beauty.
District planning & Development councils with elected representatives mostly depending on govt.
assistance.

Stages of Planning: survey, analysis, assessment, defining & designing areas, engineering
requirements & other priorities.
Planning evolved from estate/ area planning/town & Country planning.
Stages of implementation depends on revenue generation, returns, reinvestment .

Problems
Planners face the practical problem like acquisition of land, renewal of dilapidated area, road
widening, segregation of conflicting use, sub division control , height control, plot coverage control,
floor area ratio control, building line control, density control, architectural control and developmental
control etc.
 Though many acts have come, yet the implementation part of planning is not very strong as far
as legislation is concerned.
 Most of these problems are due to the fundamental rights with citizens under Indian constitution.
 The preamble of Indian constitution promises to secure to all its citizens.
 JUSTICE. Social economic and political.
 LIBERTY of thought, expression, belief, faith and worship.
 EQUALITY of Status and opportunity to promote among them all.
 FRATERNITY assuring the dignity of the individual and the unity.
 But because these rights are given to individuals and planning is not for an individual but for
public welfare, these rights happen to have conflicts with plan implementation.

Planning Laws.
 Knowledge of planning laws is absolutely essential to any planning official in a local authority,
or even to private consultant planner which is to advise the citizen served with notices by local
authority on planning enforcement action.
 Keeping in view the practical difficulties faced in the enforcement of the act a planner may have
to suggest suitable amendments to the act from time to time so as to get additional power to the
local authority.

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 Before ordering prosecution against party who has violated law a planner has to make certain
that all legal procedure laid down in the act has been properly followed and also that the local
authority is acting within its powers.
 Planning laws in India, Pakistan, Malaysia, Singapore ands Thailand can be traced to British
model.
 The methods of controlling urban growth by legislation has been a 20th century phenomena in
almost every country.

Planning Authorities are appointed by state govt. municipal organizations, urban development
authorities, improvement trusts, govt. undertaking boards.
The aim of legislation is regulation comprises a sense of stability and fundamental validity.

The following are the land planning acts:


1. MRTP act 1966
2. Building bylaws
3. Traditional/Standard panchayat plans
4. The Land Acquisition Act, 1894
5. The Urban Land (Ceiling And Regulation) Act, 1976
6. The Forest Conservation Act, 1980
7. The Indian Forest Act, 1927

Indian Stamp Act, 1899


The objective of Stamp Act is to collect revenue for the state.
In many of the articles under the Stamp Act it is provided that duty is chargeable on the value
set forth in the instrument.
Instruments chargeable with duty
Payment of duty
Use of adhesive stamps
Certificate by Collector

Levy of stamp duty


 It is mentioned in the concurrent list .
 Therefore both Central/state govts have authority to decide the rates of stamp duty for various
instruments.
 It is based on the value of the property in general
 Instrument is a document which gives formal expression to a legal act or agreement for the
purpose of creating, securing, modifying, or terminating a right.
 An instrument includes conveyances, leases, mortgages ,promissory notes, bills ,power of
attorney etc.
Payment of stamp duty
The stamp duty can be made by
a) Adhesive stamps
b) Impressed stamps

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The Registration Act 1908
The objectives are
 To give notice to the world that such document has been executed to prevent fraud and
forgery and to secure a reliable and complete account of all transactions affecting the title to
the property.
 To prevent people being duped into purchasing property from a person who does not own it.

Government Officials in Registration dept


 Inspector-General of Registration:
 Registrars and Sub-Registrars
 Offices of the Registrar and

Sub- Registrar
 Inspector of Registration Offices
 Confirmation of registration

Signature and Seal of Registering officers on each and every page.


 Storage of documents
 Registers/ books and fire-proof boxes
 Keeping of books in computer floppies, diskettes, etc

REGISTRABLE DOCUMENTS
 Instruments of gifts of immovable property
 Instruments transfering of rights /titles or interest.
 Leases of immovable property from year to year or for any term exceeding one year or
reserving a yearly rent.
 Instruments transferring any decree of a court or for any award.

Annexures to the Main Documents of a property


 Description of property and maps or plans
 Description of houses and land by reference to Government maps or survey nos
 Finger prints of parties to the registration.
 Compulsory affixing of photographs of parties, etc :

Place for registration of land documents


 Land document shall be presented for registration in the office of sub-registrar with in
whose sub-district the whole or some portion of the property is situated.

Persons to present documents for registration


 Every document to be registered under this Act shall be presented and represented by an
authorized person/persons at the proper registration office.
 The persons selling and buying or by the representatives or assign of such persons duly
authorized by power of attorney

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Power-of-attorney

 A power of attorney (POA) or letter of attorney in civil law systems is an authorization to


act on someone else's behalf in a legal or business matter.
 The person authorizing the other to act is the Principal (granter or donor of the power), and
the one authorized to act is the Agent,
 Power of attorney means an instrument empowering a specific person to act for and in the
name of a person executing it.

Types of powers of attorney


 A power of attorney may be special or limited to one specified act or type of act, or it may be
general,
 A person holding a general power of attorney is often referred to as an attorney general.

Times for presenting documents


 Within four months from the date of its execution

Times for presenting WILL documents


 A will may at any time be presented for registration.

Re-registration of certain documents


 If the documents originally registered are found defective legally such documents needs re-
registration.

Document executed out of India


 When a document has been executed out of India is not presented for registration till after
expiry of the time prescribe, the registrar can accept such document for registration within four
month after its arrival in India.

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Cooperative societies Act
 Cooperative Societies Act is a Central Act.
 However, „Cooperative Societies‟ is a State Subject
 Each state can make rules for its enforcement
 As per preamble to the Act, the Act is to facilitate formation of cooperative societies for the
promotion of thrift and self-help among agriculturists, artisans and persons of limited means.
Objects : Cooperative Society can be established for purpose of credit, production or distribution.

Registration of Society
State Government will appoint Registrar of Cooperative Societies.
Function of Registrar starts with registration of a society.
He has powers of general supervision over society.
Returns of Society are to be filed with Registrar.
He can order inquiry or inspection against society.
He can order dissolution of society.

Societies which may be registered


 A society which has as its object -the promotion of economic interests of its members in
accordance with cooperative principles can be registered as a Society.
Who can form a society
 A society can be formed with at least 10 members of age above 18 years.
 If object of society is creation of funds to be lent to its members, all the members must be
residing in same town, village or group of villages .

bye-laws: Every cooperative society shall have bye - laws. and any amendment to bye-laws shall be
registered with Registrar.

Classification of societies
1. Credit societies
2. Labor contract societies
3. Housing societies
4. Farming societies
5. Marketing societies
6. Distributive societies
7. Miscellaneous societies etc

Management of society
 Each society will be managed by Committee.
 Committee means the governing body of a registered society to whom the management of its
affairs is entrusted.
 Officer of society includes a Chairman, Secretary, treasurer, member of Committee or other
person empowered under rules or bye-laws to give directions in regard to business of society.

Registered Society is body corporate


 A registered cooperative society is a body corporate with perpetual succession and common
seal. (just like a company).
 It can hold property, enter into contracts, institute and defend suit and other legal proceedings
and to do all things necessary for the purposes of its constitution.
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Priority claim of society dues from member .
 A registered society is entitled to priority to other creditors and enforce outstanding demand due
to society from any member.
 However, the priority is subject to prior claims of (a) Government dues in respect of land revenue
or (b) Dues of landlord in respect of rent receivable by the landlord.
 Liability of past member – Liability of past members towards society as on the date he ceased
to be member will continue for two years.

Dissolution of society
 Registrar, after inspection or inquiry, or on application received from 75% of members of
society, may cancel the registration of society, if in his opinion, the Society should be
dissolved.
 Any member can appeal against the order of Registrar within two months to State Government
or other Revenue Authority authorised by State Government.
 If no appeal is filed within two months, the order of dissolution shall become effective. If appeal
is filed, the order will become effective only after it is confirmed by appellate authority.

Companies Act not applicable .


 Provisions of Companies Act are not applicable to registered cooperative society.

Cooperative Housing Societies in India


 There are lacs of CHS in India
 Enormous public funds are invested by the members in these societies with a fond hope of
getting a house site or house.
 But unfortunately the promoters of the societies who are on the management indulge in large
scale irregularities in respect of acquisition of lands, admission of members and allotment of
plots in blatant violation of bye-laws and rules and provisions of the act.
 In addition the managements are indulged in permitting large scale transfer of plots from
members to members and non members, thereby indulging in trade and profiteering.

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Rent control Act

How did it originate?


Rent controls were introduced in the early 1900s in the United States and some other parts of the
world to check uninhibited rent increases and tenant eviction during wartime housing
emergencies.
 After World War II, there was a sudden increase in the demand for rentable housing from
soldiers returning home.
 With industrialization and corresponding urbanization, there was an increase in rural-urban
migrations.
 To prevent rents from rising too much owing to this spurt in demand, Rent Control Acts, under
various names were introduced in many countries.

The Legal Aspects of Rent Control

Under the Indian Constitution, housing (provision of) is a state subject.


Thus, the enactment and enforcement of rent control laws is the responsibility of the individual
states.
The common thread running through almost all rent control Acts and legislations is that they are
intended to serve two purposes:
1. To protect the tenant from eviction from the house where he is living except for defined
reasons and on defined conditions and
2. To protect him from having to pay more than a fair/standard rent.

But most acts also confer upon the landlord the right to evict a tenant who is guilty of certain
specified acts and also when the landlord requires the house for his own personal occupation.
There are various grounds under which a landlord can evict a tenant.
The most common of these are listed below.
1. Breach of condition of tenancy
2. Subletting
3. Default in payment of rent for specified period
4. Requirement of building for own occupation
5. Material deterioration in the condition of the building
 The landlord is required to specify the exact provision of the relevant act under which he is
seeking the eviction of the tenant, to enable the tenant to take any remedial action provided in
the act.
 The whole idea of a rent control act is to control and regulate eviction of tenants..

Ineffectiveness of the Provisions


The provisions have not been very effective due to the following reasons:
a) Significantly large urban groups have been excluded from the purview of RCAs.
E.g. The Delhi Rent Control Act grants exemption to the following tenancies
o Properties belonging to the government
o Any tenancy created by a grant from the Government in respect of the premises
taken on lease or requisitioned, by the Government
o Newly constructed properties for a period of ten years from the date of construction.
o Any premises, residential or other, whose monthly rent exceeds three thousand and
five hundred rupees.
 Besides the above, exemptions are granted to religious and ethnic institutions also.

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The Indian Partnership Act 1993

The law of partnership in fact is a part of the general law of the Indian contract act, 1872 .
it is separated and enacted this act for better clarity and enforcement.

Definition of “partnership “Partner” “firm” and firm name

 Partnership is the relation between persons who have agreed to share the profits of a business
carried on by all or any of them acting for all.
 Persons who have entered into partnership with one another are called individually partners and
collectively a firm and the name under which, their business is carried on is called the „firm
name‟.

Registration of Partnership Firms


The registration of a firm may be effected at any time by sending by post or delivering to the
registrar of the area in which place the business of the firm is situated or proposed to be situated, a
statement in the prescribed form and accompanies by the prescribed fee stating:
the firm name,
a) The place or principal place of business of the firm,
b) The names of any other places where the firm carries on business
c) The date when each partner joined the firm,
d) The names in full and permanent addresses of the partners, and
e) The duration of the firm

The relation of partnership arises from contract.


All the aspects mentioned in the subsequent slides are subject to the terms and conditions
of the contract between the partners

General duties of partners


 Partners are bound to carry on the business of the firm
 To the greatest common advantage,
 To be just and faithful to each other,
 To render true accounts
 Full information of all things affecting the firm to any partner or his legal representative.

The conduct of the business


a) Every partner has a right to take part in the conduct of the business.
b) Every partner is bound to attend diligently to his duties in the conduct of the business.
c) Any difference arising as to ordinary matters connected with the business may be decided by
a majority of the partners.
d) Every partner shall have the right to express his opinion, before the matter is decided.
e) Every partner has a right to have access to and to inspect and copy any of the books of the
firm.

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Mutual rights and liabilities of partners
 A partner is not entitled to receive remuneration for taking part in the conduct of the business.
 The partners are entitled to share equally in the profits earned, and shall contribute equally to
the losses sustained by the firm.
 Where the partner is entitled to interest on the capital subscribed by him such interest shall be
payable only out of profits.
 A partner makes, for the purposes of the business, any payment or advance beyond the
amount of the capital the has agreed to subscribed, is entitled to interest thereon at the rate of
six per cent per annum.

Incoming and outgoing partners


a) Introduction of a partner: a new partner may be inducted with the consent of all the
existing partners.
b) Retirement of a partner
A partner may retire :
a) with the consent of all the other partners
b) in accordance with an express agreement by the partners,
c) Where the partnership is at will, by giving notice in writing to all the other partners of his
intention to retire.
c) Insolvency of a partner:
Where a partner in a firm is adjudicated an insolvent he ceases to be partner on the date on which
the order of adjudication is made.

Relations of partners to third parties


A partner is the agent of the firm for the purpose of the business of the firm.

The property of the firm


The property of the firm includes all property and rights and interests in property originally brought
into the stock of the firm, or subsequently acquired, in the course of business of the firm,
and includes also the goodwill of the business.

Liability of a partner for acts of the firm


Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm
done while he is a partner.

Liability of a firm
Any loss or injury is caused to any third party, or any penalty is incurred, the firm is liable therefore
to the same extent as the partner.

Dissolution of firm
A firm may be dissolved with the consent of all the partners or in accordance with a contract
between the partners.

Penalty for furnishing false particulars


Any persons who signs any statement, amending statement, notice or intimation containing any
particular which be known to be false or does not believe to be true, or containing particulars which
he knows to be incomplete or does not believe to be complete, shall be punishable with
imprisonment which may extend to three months, or with fine, or with both.

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Transfer of Property Act 1882

OBJECTIVES
1. To lay down uniform rules for transfer of property
2. To complete the code of contract law so far as it relates to immovable property

WHAT IS TRANSFER
 Transfer of property means an act by which a living person conveys property in present or in
future, to one or more other living persons.
 Transfer of property includes sale, mortgage, lease, gift and exchange, but also any other
transaction which has the effect of „conveying‟ any property from one person to another.

CONVEYANCE
Conveyance means the legal process of transferring property from owner to another

ESSENTIALS OF A VALID TRANSFER


In order to constitute a valid transfer of property, whether movable or immovable the following
conditions must be satisfied:
1. The property must be transferable
2. The transferor must be competent to transfer
3. Transferee must be competent to take the transfer
4. The consideration and the object of the transfer must be lawful
5. The transfer must not be opposed to the nature of interest affected thereby
6. The transfer must be made in the manner and form prescribed by the act, if any.

SALE OF IMMOVABLE PROPERTY


„Sale‟ is a transfer of ownership in exchange for a price paid or promised or part-paid and part-
promised.
Liabilities and Rights of Sellers and Buyers
Seller‟s liability and right before the completion of the sale
1. Disclosure of material defects
2. Production of title deeds
3. Duty to answer questions
4. Execution of conveyance
5. Reasonable care of property
6. payment of charges

Right : The seller has only one right before the completion of sale. He is entitled to the rents and
profits of the property till the ownership thereof passes to the buyer

Buyers liabilities and rights before the completion of sale


1. Duty to disclose facts
2. Duty to tender price
Sellers liabilities and rights after the completion of the sale
1. Delivery of possession
2. Implied covenant of title
3. Delivery of title deeds
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Sellers Right : Where the ownership of the property has passed to the buyer before payment of the
whole of the purchase money, the seller is entitled to the lien or charge upon the property in the
hands of the buyer.
This right of the seller is known as sellers lien.
Buyers liabilities and rights after completion of the sale
Buyers liability
1.Duty to bear loss
2. Duty to pay public charges and rent

Buyers rights : Where the ownership of the property has passed to the buyer, he is entitled to the
benefit of any improvement in , or increase in value of the property. He is also entitled to the rents
and profits derived from such improvement in the property

Mortgage Of Immovable Property And Charges Of Mortgage


When some immovable property is offered as security for a loan, the transaction is called mortgage.
Characteristic of a mortgage:
1. Writing and registration
2. Transfer of interest in specific immovable property

Types Of Mortgage
1. Simple mortgage
2. Mortgage by conditional sale
3. Usufructuary mortgage (mortgage with possession)
4. English mortgage
5. Mortgage by deposit of title deeds
6. anomalous mortgage
1. Simple Mortgage
The mortgagor, without delivering possession of the mortgaged property, gives a personal
understanding to the mortgagee to repay the amount due under the mortgage.
The personal understanding to pay may be either express or implied.

2. Mortgage by conditional sale


The mortgagor ostensibly sells the mortgaged property on one of the following conditions:
1. That on default of payment of the mortgage-money on a certain date, the mortgagor agrees
that the sale shall become absolute.
2. That if the mortgagor pays the mortgage-money on the agreed date, the mortgagee agrees
that the sale shall become avoid.
3. That on the payment being made by the mortgagor on the fixed date, the mortgagee agrees to
transfer the property mortgaged to the mortgagor.
Thus the essential characteristic of the mortgage by conditional sale are as follows:
4. The mortgagor has a right of redemption
5. When he repays the amount due, the sale becomes void
6. If he makes a default in paying the amount due on the stipulated date, the sale becomes
absolute and binding.
7. There is no personal covenant on the part of the mortgagor to pay.
8. Delivery of possession of the property is not given to the mortgagee

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3. Usufructuary mortgage or mortgage with possession
 The word „usufruct‟ means the right of enjoying the use and advantages of another person‟s
property.
 In case of usufructuary mortgage, the mortgagor delivers possession of the mortgaged property
to the mortgagee, or expressly or by implication binds himself to deliver possession of the
mortgaged property.
 He further authorized the mortgagee to receive
 the rents and profits accruing from the property and to appropriate the same in lieu of interest
and the principal sum.
 The mortgage cannot sue for the recovery of the mortgage-money or for the sale of the
mortgaged property, he can only retain possession of the property till his mortgage-money is
fully recovered.
 He has no personal remedy against the mortgagor.
 In case of usufructuary mortgage, rents and profits wholly or in part may be appropriated either-
A. towards payment of interest,
B. towards payment of principal,
C. partly towards payment of interest and partly towards payment of principal.
The liability of the mortgagor is gradually reduced.

4. English Mortgage
In case of an English mortgage, the mortgagor binds himself to repay the mortgage-money on a
certain date.
He transfers the mortgaged property absolutely to the mortgagee on the condition that the
mortgagee will transfer the property to the mortgagor upon payment of the mortgage-money.

5.Mortgage by deposit of title deeds or Equitable mortgage


Where the debtor delivers to a creditor or his agent documents of title to property, with intent to
create a security thereon, the transaction is called mortgage by deposit of title deeds or an equitable
mortgage.

6. Anomalous Mortgage
A mortgage which does not belong to any on the above categories is called an anomalous mortgage.

RIGHT AND LIABILITIES OF MORTGAGOR AND MORTGAGEE


Right of Mortgagor:

Right of Redemption : The mortgagor may redeem every transaction in the nature of a mortgage at
any time after the mortgage money becomes due.
1. This right of the mortgagor to call back the property ( or interest therein which he had parted
with at the time of mortgage) by paying of the mortgage-money is called the Right of
Redemption.
2. Right of assigning the mortgage instead of a retransfer
3. Right of inspection and production of documents
4. Right to redeem separately or simultaneously
5. Right of usufructuary to recover possession
6. Right to accession to mortgaged property
7. Right to improvement to mortgaged property
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Liabilities of mortgagor
1) Covenant for title
2) Covenant for defense to title
3) Covenant for payment of public charges
4) Covenant where the mortgaged property is a lease
5) Covenant for payment of prior incumbrances.

Right of Mortgagee
The mortgagee has, at any time after the mortgage-money has become due, a right to obtain from
the court a decree that the mortgagor shall be absolutely debarred of his right to redeem the property
or a decree that the property be sold.
1. This right can however be exercised before a decree has been made for the redemption of the
mortgaged property, or the mortgage money has been paid or deposited
2. Right to sue for mortgage-money
3. Right of sale without intervention of the court
4. 4.Right to appoint Receiver
5. 5.Right of accession to mortgaged property
6. Right in case of renewal of mortgaged lease
7. Right to spend money
8. Right to proceeds of revenue, sale or compensation on acquisition

Liabilities of Mortgagee
1. Only one suit for several mortgages
2.Liabilities of mortgagee in possession
a) Management
b) Collection of rents and profits
c) Payment of revenue
d) Repairs
e) Destructive acts
f) Insurance
g) Accounts

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Charge
Means the immovable property which serves as a security for a monitory or other benefit.
The essentials of a charge are
1. It must be a immovable property
2. It must be a security for payment of money or other favour/benefit
3. The charge may be created by act of parties or it may come into existence by operation of law.

Two types of Charges


1.Charge created by acts of parties
 When both the parties (debtor and creditor) to a transaction, for value, agree that some specific
immovable property shall be made available as security for the payment of a debt, a charge is
created by the act of the parties.
 No particular form of words are necessary to create the charge. The Act also does not prescribe
any particular mode of creating a charge.

2.Charge created by operation of law


 A charge created by provisions of an Act (i.e. by statutory provisions) comes into being by
operation of law.
 It is not created by the volition or voluntary action of the parties.
 It arises as a legal consequence of certain conditions or as a result of some legal obligation.

Distinction between mortgage and charge

Mortgage
1. 1.It is transfer of an interest in specific immovable property made by a mortgagor as a security
for the loan
2. It is created by act of the parties
3. It can be enforced against any transferee whether he takes it with or without notice of the
mortgage
4. In a mortgage by conditional sale or in an anomalous mortgage, the mortgagee can foreclose
the mortgaged property.
5. In a mortgage, there can be security as well as personal liability

Charge
1. It does not involve transfer of any interest in the property although it serves as a security for
the payment of the loan
2. It may be created by act of the parties of by operation of law
3. It cannot be enforced against bonafide transferee for consideration having no notice of charge

4. A charge-holder cannot foreclose the property on which he has a charge. He can however get
the property sold as in a simple mortgage
5. In a charge created by act of the parties when a particular property is specified, the remedy of
the charge-holder is against the property only.

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Distinction between charge and lien
Charge
 It may be created by act of the parties or by operation of law
 It is confined only to immovable property
Lien
 It can arise only by operation of law
 It may be confined both to movable and immovable property.

Distinction between Lease and license


Lease
There is a transfer of an interest in the immovable property.
A lessee gets the exclusive possession of the property.
 It creates an heritable estate
 It can be assigned or transferred
A lessee can sue trespassers
 It cannot be revoked
 It can be terminated in any of the ways provided by law.
License
There is no transfer of interest.
A license gets the right to use the property without exclusive possession
 It does not create an heritable estate
 It cannot be assigned as it is a personal right. A licensee therefore, has on transferable
interest in the license.
A licensee cannot do so.
 It is ordinarily revocable.
 It is terminated by death of either party, or by the alienation of property in question.

Exchanges
 When two persons mutually transfer the ownership of one thing for the ownership of another,
the transaction is called an exchange.
 Exchange is thus a transfer of one thing for another. The things exchanged may be movable or
immovable, tangible or intangible. On the execution of the exchange, each party acquires a
good little to the thing or property exchanged.

The following should be noted in connection with exchange:


1. In exchange, neither thing to be transferred by either party should be money.
2. In exchange, payment of money is not altogether ruled out. Where one property is exchanged
for another which is more in value and the difference is paid in cash to equalize the values of
the two properties, the transaction is an exchange.
3. To effect exchange, the parties must have property in hand or in possession and the transfer of
property by both the parties must be complete.

Gift :A gift can be made only of a property which is in existence at the time and date of the gift.
 Transfer of property must be made voluntarily
 The gift must be accepted by the done otherwise it is not valid
Gift how effected
 Movable property – Transfer is effected by delivery
 Immovable property – Transfer must be effected by a registered instrument

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The Arbitration &Conciliation Act 1996
 In the year 1985 the United Nations Commission on International Trade (UNCITRAL) adopted the
UNCITRAL Model LAW on International Commercial Arbitration
 The General Assembly on the US recommended that countries should give due consideration to
the said Model Law for the purpose of bringing
 uniformity on the law of arbitral procedure and specific need of international commercial
arbitration practice.
 With this view, the present arbitration and conciliation act 1996 was enacted in India.
 Another objective of bringing this legislation was to compile the arbitration law in a simple code,
as earlier it was contained in three different
 enactments namely Arbitration act 1940, Arbitration (Protocol and Convention) act 1936 and
Foreign Awards (Recognition and Enforcement) Act 1961.

A D R “ Alternative Dispute Resolution” is ACM


a) Arbitration.
b) Conciliation
c) Mediation

Arbitration- The use of an Arbitrator to settle a dispute.


Arbitrator- an independent person appointed to settle a dispute.

The Act is divided into four parts.


1. Part I mainly deals with domestic arbitrations.
2. Part II pertains to enforcement of certain foreign awards and includes New York Convention
Awards and Geneva Convention Awards.
3. Part III contains provisions relating to conciliation and the last,
4. Part IV provides supplementary provisions like power to make rules consistent with the Act.

Three Schedules also form part of the Act.


I. The First Schedule relates to Convention on the recognition and enforcement of foreign
arbitral awards,
II. Second Schedule makes room for protocol on arbitration clauses and
III. Third Schedule contains articles pertaining to Convention on the execution of foreign arbitral
awards.

ORIGIN OF ARBITRATION IN INDIA


 Law of arbitration is not new to India.
 In fact it has its roots from ancient times and word 'Panch' (Five) which denotes expression
"arbitrator" was well-known to villagers.
 Present system of Panchayat is also developed from same concept of arbitration.
 In the pre-British days, it was not possible for all villagers to come to the Court of their king and
pray for justice.
 Neither judicial powers were vested on specified persons.

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 In these circumstances, villagers used to agree to refer their disputes to five responsible
persons of village whose decision they used to accept without any opposition.

CONCEPT AND EVOLUTION OF ARBITRATION


 An arbitration is the reference of a dispute between not less than two parties for determination,
after hearing both parties in a judicial manner, by persons other than a court of competent
jurisdiction.
 The essence of arbitration is that the parties having differences choose forum of their choice
instead of Court of Law.
 The authority or person chosen by the parties to whom the reference is made is called
'arbitrator' and the judgment given by him is known as 'award'.
 Generally, it is a proceeding based on contract between the parties involved who voluntarily opt
for decision in the matter by some person or persons chosen by them to avoid the trial and
judgment of courts in the matter in dispute.
 However, such an agreement must be confined to civil disputes only.
 The dispute referred must be one covered under the arbitration agreement between the parties.

KINDS OF ARBITRATION
 Arbitrations may be of two kinds,
 Private Arbitrations and Statutory Arbitration.
 In cases of Statutory Arbitration, a statute provides that dispute of a particular class shall be
determined by arbitrators of particular kind.
 Where an enactment makes provision for statutory arbitrations, it may bar the rights of parties to
seek their remedy in a court of law.

ARBITRATOR AND MEDIATOR


 An arbitrator broadly speaking is in fact a private judge and his judgment is called award.
 An arbitrator functions are quasi-judicial in nature and he can decide the issue irrespective of
whether a party likes it or not
 A mediator on the other hand, acts as a friend to bring out a settlement agreed by the parties
and such settlement is not an award.
 In the present law, the arbitrator can also mediate and act as a mediator for resolving the
dispute by mutual consent of the parties.
SOUL OF ARBITRATION

(IMPARTIALITY AND FAIRNESS)


Arbitrators should be honest, impartial and fair to both parties.
Their function is quasi-judicial and it is necessary for them to follow the technical procedure, justice
and good conscience.

SOURCE OF AUTHORITY OF ARBITRATORS


 Ordinarily, arbitrators derive their authority from agreement of parties.
 Except in cases of statutory arbitrations, their power and authority is derived from provisions of
the arbitration agreement.
 They are judges of fact on all the disputes covered under the agreement which are referred to
them.
 Their decision to interpretation of any clause or rule, binds on the parties to the dispute.

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WHEN AWARD IS LIABLE TO BE SET ASIDE
An award may be vitiated and rendered subject to impeachment or being set aside by reason of
fraud, corruption or misconduct of arbitrators.
A party who challenges award on the said grounds must prove it in the Court.

TIME LIMIT FOR DELIVERY OF AWARDS


Where no specific time has been prescribed in the agreement, the arbitrator must deliver the award
within a reasonable time and on the lapse of such time, authority or arbitrator may stand terminated.

PROCEDURE ADOPTED BY ARBITRATORS


a) The procedure to be adopted in the proceedings before arbitrators depends on arbitration
agreement.
b) Where such agreement is silent, the arbitrators are to adopt principles of natural Justice and good
conscience.
c) However, the right of a party to be heard cannot be ignored in any case and reasonable
opportunity of being heard must be given before coming to the conclusion and the delivery of
award.
d) Generally, a party has a right to be represented through a Counsel in the arbitration proceedings
unless there is stipulation in the agreement prohibiting such facility to both the parties.
e) Where there are more than one arbitrator, each arbitrator must be given notice to be present at
the time of meeting or hearing of the case, referred to them.
f) All arbitrators should be present at the time of hearing but mere temporary absence of one of the
arbitrators does not vitiate the proceedings particularly when neither party is prejudiced thereby.
g) In the award, the arbitrators may direct which party shall bear the costs of arbitration and also
award reasonable interest on the amount awarded unless that is expressly prohibited in the
agreement.
h) The arbitrators can direct a party during the proceedings to bear the expenses of issuing notices
and holding meeting and other expenses of arbitration.

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GEOGRAPHIC INFORMATION SYSTEM (GIS)
INTRODUCTION
 A GIS captures, stores, analyzes, manages, and presents data that is linked to location.
 GIS applications are tools that allow users to create interactive queries, analyze spatial
information, edit data, maps, and present the results of all these operations.
 GIS is the merging of cartography, statistical analysis and database technology.
 With the introduction of computer assisted cartography, many new tools were developed to
perform spatial analysis of the data and to produce maps in desired formats.
 These operations required a powerful set of tools for collecting, storing, retrieving,
transforming, and displaying spatial data from the real world for a particular set of purposes.
This set of tools constitutes a GIS.

GIS
 Geography – writing about the Earth
 A key tool in studying the spatial relationships is the map which is a graphical portrayal of
spatial relationships and phenomena over a small segment of the Earth or the entire Earth.
 An information system is a chain of operations that consists of from planning the observation
to using the observation-derived information in some decision making process.
 A GIS is an information system that is designed to work with data referenced by spatial or
geographical coordinates.
 GIS is both a database system with specific capabilities for spatially-referenced data as well as
a set of operations for working with the data.
 Simplified information system
 Remote sensing & GIS

GIS - DEFINITIONS
 “A system which uses a spatial database to provide answers to queries of a geographical
nature” (Goodchild, 1991).
 “A computer assisted system for the capture, storage, retrieval, analysis, and display of spatial
data within a particular organisation” (Clark, 2001).
 “A powerful set of tools for collecting, storing, retrieving at will, and displaying spatial data from
the real world” (Burrough, et al, 2000).
 “An organized collection of computer hardware, software, geographical data, and
personnel designed to efficiently capture, store, update, manipulate, analyze, and
display all forms of geographically referenced information” (ESRI).
 linking of closely related fields through GIS

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COMPONENTS OF GIS
1. Computer system(hardware and OS)
2. Software
3. Spatial data
4. Data management and analysis procedure, and
5. Personnel to operate the GIS

Major hardware components of a GIS

Hardware components

1. Central Processing Unit(C.P.U.) – interacts with various hardware components, and performs
computations and analysis.
2. Disk drive & Tape drive - data storage devices.
3. Digitizer – input device to convert graphics into digital data.
4. Plotter – output device to convert digital data into graphics form.
5. Scanner – graphic input device.
6. Visual Display Unit(V.D.U), key board & mouse – required to interact with the computer.
7. Printer – to get hardcopy of the reports, tables, charts, etc.

Operating System
 Master control program to manage files, to check the peripheral devices, and to help have a
control over the computer.
 The OS programs translate the instructions or queries to the machine language and then
translate the computer response from machine language to any language in which the
operator works.

SOFTWARE
 The GIS package has a set of modules for performing digitization, editing, overlaying,
networking, vectorising, and data conversion, analysis and for answering the queries, and
generating output.
Spatial data
 Characterized by information about position, connections with other features and details of
non-spatial characteristics.
 Require spatial referencing using a suitable geographic referencing system.
 In a GIS environment, spatial data is in the form of series of thematic layers or populated by
discrete points or objects having empty spaces in between objects.
 Simplified by breaking down all geographic features with three basic entity types, points, lines
and areas.

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Data Management & Analysis Procedures
 Input data in the forms of spatial data and non-spatial data, and information about their
linkages, and updating of data are the time-consuming part of any GIS project.
 Data input is the process of converting data from its existing form to one that can be used by
the GIS.
 The management of data in GIS includes storage, organisation, and retrieval using a database
management system(DBMS).
 The DBMS should provide support for multiple users and multiple databases allowing
efficient updating and minimizing the redundant information.

GIS analysis procedures


 Includes
a) Storage and retrieval capabilities for presenting the required information.
b) Queries allowing the user to look at patterns in the data, and
c) Prediction or modeling capabilities to have information about what data might be at different
time and place.

Personnel operating GIS


 A GIS project requires trained personnel who can plan, implement and operate the system.
 They should be capable of making decisions on the basis of the output.
 The success of GIS project depends upon the skill and training of the personnel handling the
project.
 Geographical Concepts
 Points
 A spatial object with no area that can be associated with a range of data, such as wells,
rain gauge stations.
 The key attributes of a point is its geographical location represented in terms of
coordinates, such as latitude and longitude.
 Line
 When a spatial object is made up of a connected sequence of points, it is referred to as
a line.
 Lines have only linear dimension, i.e., they do not have width, and a specified location
is given on one side of the line and not on the line itself.
 Attributes to a line could be the no. of wells that the line separates in an area having
wells.
 Geographical Concepts
 Nodes:
 The special kinds of points that usually indicate the junction b/w lines or the ends of
line segments.
 Polygon
 A closed area is represented by a polygon.
 A polygon can be simple when it consists of undivided areas or complex when it is
divided into areas of different characteristics.
 Chains
 Special kind of line segments which correspond to a portion of the bounding edge of a
polygon.

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Scale & Resolution
 Scale is the ratio of distances represented on a map or photograph to their true distances on
the Earth‟s surface.
 Small-scale map or large-scale map: When one unit of distance on a map represents small
distance compared to a larger distance on another map, the former map is a large-scale map
compared to the later which is a small-scale map.
Resolution
 Word meaning: distinguishing the individual parts of an object or the degree to which detail is
visible in a photograph or on a television.
 Definition given by Tobler : “the content of the geometric domain divided by the no. of
observation, normalized by the spatial dimension”.
 Mean resolution element = (Area/Number of observations)1/2

Input data for GIS


 Cover all aspects of capturing spatial data and the attribute data.
 The sources of spatial data are existing maps, aerial photographs, satellite imageries, field
observations, and other sources.
 The spatial data not in digital form are converted into standard digital form using digitizer or
scanner for use in GIS.
 The digital spatial data in an acceptable format and the attribute data are stored in the
computer memory and managed by DBMS which is a part of GIS, for analysis and producing
the results in user-desired
formats.

Types of output products

 The most common graphics products by GIS are maps. A map is a 2D model of a part of the
Earth‟s surface, and it can be of various kinds.
 Thematic maps: concentrate on spatial variations of a single phenomenon(e.g.,
population) or the relationship b/w phenomena(e.g., different classes of land cover).
 Choropleth maps: typically used to communicate the relative magnitudes of continuous
variables as they occur within the boundaries of unit areas (e.g., average annual per capita
income as it varies by country). In these maps, different tones, colours, and shading patterns
are used to convey the variations in different areas.
 Proximal or dasymetric maps focus on the location and magnitude of areas exhibiting
relative uniformity (e.g., land cover classes). Different colours and shading patterns are used
to describe differences in the thematic values.

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 Contour maps represent quantities by lines of equal value to emphasize gradients among
the values. Contour lines may be used to indicate variation in topography of a region, high and
low pressure regions.
 The other kinds of map required for a specific purpose
 Dot maps depict spatial distribution of features by varying numbers of uniform dots (e.g.,
population).
 Line maps show the direction and magnitude of potential or actual flow (e.g., to show sources
and destinations as well as the volume of product transported from one state to others).
 Land form maps depict the earth's surface as it were viewed from an oblique aerial point
view.
 Animated maps are generally used to display sequences through time (e,g., growth of a city
as its population and area increase through time).
o non-map graphics
 Some users/analysts prefer to get the results of analysis displayed by means of non-map
graphics.
 Some of the simple and common graphic presentation techniques are
o Bar charts used to illustrate difference in an attribute between categories (e.g., time-
varying distribution of land use in an area such as urban, suburban, and rural).
o Pie charts for displaying information by dividing a circle into sectors representing
proportions of the whole (e.g., in a state percentage of rural, suburban, and urban
population).
Non-Map Graphics
 Scatter plots for displaying behaviour of one attribute verses another attribute (e.g., yield and
applied fertilizer).
 Histograms to show the distribution of a single attribute to examine the way the attribute is
apportioned among the different possible values (e.g., percentage of education at primary,
secondary, higher, and other levels).
 non-map graphics – Tables & Reports
 Sometimes users may require numerical products, such as mean, median, variance, standard
deviation, maximum and minimum values of attributes.
 This statistical information may be presented in the form of tables and reports.

APPLICATIONS OF GIS
 GIS finds its application in all those areas where professionals are involved in management
and planning, utilizing analysis of large amount of geographical data that relates to space,
typically involving positional data.
 Positional data determine where things are or perhaps, where they were or will be. In other
words, it is dealing with questions related to geographic space.
 typical applications
 A Civil engineer may be interested in identifying the best dam site by analyzing the catchment
characteristics, earthquake data of the area, and rock formation characteristics.
 A geoinformatics engineer may want to determine the best sites for his company's relay
stations taking into account the land prices, topography, etc.
 A forest manager may want to optimize production of timber using data on soil and current
tree stand distribution under a number of operational constraints.
 GIS applications
 The areas of GIS applications are unlimited as it can be used for management and planning
that may be required in any field, e.g., civil engineering, urban planning, forestry,

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environmental management, flood control, natural disaster management, natural resources
management, military, biology, geology, mining, hydrology, etc.
 GIS is used to study the phenomena which are man-made or natural.

GIS & Urban PLANNING


 Urban planning essentially requires a thorough understanding of the interrelationships
between various entities such as road connectivity, schools, hospitals, police stations, etc.,
with respect to human settlements.

OTHER APPLICATIONS
 On the other hand, in geomorphology, ecology, and soil studies, natural phenomena, such as
rock formation, plate tectonics, distribution of soils, are analyzed.
 GIS applications also consist of study of both natural as well as man-made entities together.
The study of effect of human activity on the environment, referred to as environmental
impact assessment involves analysis of data about both natural and man-made features.
 A study on the growing industrial units in an area is a problem of environmental impact
assessment.
 GIS has distinct application in feasibility studies such as site suitability and simulation studies
in erosion modeling.

Computerisation of Land Records (CLR)


Land information systems
Use of land is crucial for the economic, social, and environmental advancement of all
countries.
Land is partitioned for administrative and economic purposes, and it is used and
transformed in a myriad ways.
Population growth, technological and social hazards, and environmental degradation have all
to be taken into account by policy makers, resource planners, and administrators who make
decisions about the land.
They need more detailed land information than has been traditionally available.
An information system may be formally defined as a combination of human and technical
resources, together with a set of organizing procedures that produces information in
support of some managerial requirement.
Data are raw collection of facts. Data relating to land may be acquired and held in
alphanumeric form (for example books), or graphically (for example, as maps or aerial
photographs), or digitally (for example, using electronic methods).
To become information, the raw data must be processed so that it can be understood by a
decision maker.
Information reduces uncertainty by helping to identify and analyse problems. Strategies to
overcome the problems may then be prepared and implemented.
The value of the information and the effectiveness of the decision making process are directly
related to the quality of the information and the manner in which it is made available.
Accurate knowledge of natural resources and accurate description and record of such
knowledge are the essential prerequisite to their rational use and conservation.
Land information is prime requisite for making decisions related to land investment,
development and management.

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A land information system gives support to land management by providing information about
the land, the resources upon it and the improvements made to it.
These objectives may include improvements to the coverage, content, compatibility, and
reliability of information of access to it, and the possibility of integrating it with other data.
The ultimate goal is to meet the needs of users more efficiently, effectively and equitably.
Computerized systems offer improved ways of acquiring, storing, processing and
retrieving such information.

Cadastre
 The cadastre is often the principal source of information about ownership rights in land. Even
when compiled for fiscal purposes, the record of payment of tax may constitute evidence of
ownership of land.
 The basic unit of the cadastral record is the land parcel which is known as a plot. Although
plots may be subdivided into smaller units or amalgamated with adjoining parcels into larger
ones, the land which they cover remains unchanged.
 The need to record the details of land parcels within a cadastre stems from a need for better
administration of land. Land is the ultimate resource from which all wealth comes.
 A cadastre using a cadastral survey or cadastral map, is a comprehensive register of
the metes-and-bounds real property of a country.
 A cadastre commonly includes details of the ownership, the tenure, the precise location (some
include GPS coordinates), the dimensions (and area), the cultivations if rural, and the value of
individual parcels of land.
 Cadastres are used by many nations around the world, some in conjunction with other
records, such as a title register.

Land management system in India


 Parcel based information is required in a wide variety of activities.
 Frequent users range from existing or prospective landowners to lawyers, surveyors, valuers,
real-estate managers, and agencies at all levels of Government.
 During the recent past, the demand for this information has expanded.
 This has extended the applications of existing parcel-based information systems and created
the need for new ones.

Land Records –Past History


Northern part of the country follows the age-old system developed by Raja Todar Mal (Akbar
Regime).
Southern part the country follows the British system of land records.
The rulers of the State are entitled to a portion of the produce of the land from those who
utilize it as a price for the protection of their life and property and also to meet the common
expenses of the community.
This concept of collection of revenue that necessitated the maintenance of land records.
The Arthsastra is the first Indian work to mention of the village officers known as “gopa”
whose duties include preparation of various registers for the village fields, transfers, due taxes,
etc.
Attempt to reform the system were first made by Sher Shah whereby land was categorized,
measured and a schedule of crop rates fixed.
This was further developed during the regime of Akbar, who with the assistance of Raja
Todar Mal, fixed cash rates on a more scientific and rational basis.

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Elaborate methods were devised for determining the average produce of each class of land
and for commuting grain rates into money rates.
In fact Akbars‟s settlement widely resembles the later settlement effected under British rule.
Subsequently during 1822 regulations were introduced for detailed surveys and regulations.
The primary interest of the British rulers was the collection of land revenue and
consequently the system of land records was also organized to serve that purpose.
After Independence considerable importance has been necessitated for reliable statistics
related to crop, irrigation, land use so that they could form the basis of land development of
the country.
It in turn helped in strengthening the land records development process. All these situation
helped in development of the present day land records system.
In any land records a number of records are prescribed to be, maintained at the village, tehsil
and district levels and statements of land holdings, land revenue and rental cropped areas,
land use pattern.
There are more than 20 registers that are being maintained by Revenue Department. The
number of registers again varies from State to State.

Principal records
1. Village map: A pictorial form showing the village and field boundaries.
2. Field books or khasra which is an index to the map, in which changes in the field boundaries,
their area, particulars of tenure-holders, methods of Irrigation, cropped area, other uses of
land etc. are shown.
3. Records of Right also know as khatouni, in which the names and classes of tenure of all
occupants of land are recorded.

Need for change of LMS


 More efficient handling of land title documents to provide greater security of tenure for those in
occupation of land.
 A rise in property values, and a need for better support for mortgaging and investment.
 A steady increase in the number of private and public users who make routine enquiries about
land ownership.
 Growing concern about the quality of the environment.
 Greater attention which has been paid to physical planning and to land development
programmes, which in turn has resulted in a growth in the number of users and the variety of
uses of cadastral information.
 Specific land planning and management problems which have arisen in certain areas, such as
the need to protect agricultural land around the edges of cities.

Automation & advantages


 In a more sophisticated system, however, there will be elements of high technology applied to
data storage, processing and communications.
 The advantages of automation include:
o the physical compaction of data, so that less storage space is required
o easier handling and updation, allowing for much more efficient and effective analysis
o the possibility of merging graphic and attribute data in one set of operations
o the integration of databases so that different data sets can be merged and processed
together for better and effective analysis
o ensuring the safety of data through the usage of non-erasable optical storage devices
like compact disk-read only memory (CD_ROM) devices

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o Easier and faster data transfer through the latest technology associated with the
computer and communication.

Computerisation of Land Records (CLR)


 The CLR is one of the earliest initiatives of e-Governance in India, at the grass-root level.
 Aims of this web enabled service are:
 Ensuring efficient, accurate, transparent delivery mechanism and conflict resolution in
ownership
 Providing electronic record of rights (ROR) to land owners at nominal rates
 Information empowerment of land owners
 Low cost and easily reproducible data for reliable and durable preservation
 Value addition and modernization in land administration
 Integration with other Data sets towards Comprehensive LIS.

Other objectives of the CLR Scheme


 To facilitate easy maintenance and updating of changes which occur in land database such
as changes due to availability of irrigation/natural calamities/consolidation/ or on account of
legal changes like transfer of ownership, partition, land acquisition, lease etc.
 To provide for comprehensive scrutiny to make land records tamper-proof, which may
reduce the menace of litigation and social conflicts, associated with land disputes.
 To provide the required support for implementation of development programmes for
which data about distribution of land holdings is vital.
 To facilitate detailed planning for infrastructural as well as environment development.
 To facilitate preparation of an annual set of records in the mechanised process and thereby
producing accurate documents for recording details such as collection of land revenue,
cropping pattern etc.
 To facilitate a variety of standard and ad-hoc queries on land data.
 To provide database for agricultural census.

Computerisation of Land Records (CLR)


During the last decade NIC-MRD has started computerization of land records of the country by
storing the records in simple file based database.
This process was further enhanced by processing these records through a RDBMS like
ORACLE, DB2, SQL Server.
Multilingual support was the essential feature in these record-keeping systems.
During the new millennium the data keeping process was further enhanced to Maps with the
support of GIS.

Computerisation of Land Records –Present scenario


 Since First Plan, Planners have been advocating proper maintenance of land records as the
basis of good administration.
 This was reiterated in the second plan and Third Plans.
 The sixth plan has envisaged the complementation and updation of land records from 1980 to
1985.
 According to seventh plan document, “Land records form the base for all land reform measures
and therefore, regular periodic updating of land records is essential in all states.”
 The eighth plan(1992-1997) and the Ninth Plan(1997-2002) have also envisaged the fulfillment
of all five-year principles of National Land Reforms Policies, that is the abolition of

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intermediaries, tenancy reforms with security to actual cultivators, redistribution of ceiling,
surplus land consolidation of holdings and updation of land records.
 Subsequently in 73rd Amendment to the constitution mentions that computerization of land
records is an essential step to achieve decentralized planning and effective administration.
 Subsequently during 1988-99 centrally-sponsored scheme on computerization of land records
was started with 100% financial assistance as a pilot project in eight states. (RangaReddy in
AP, Mayurbhanj in Orissa, Sonitpur in Assam, Singhbhum in Bihar, Wardha in Maharastra,
Dungarpur in Rajasthan and Gandhinagar in Gujarat).
 Then the scheme was extended to 24 districts of different States. At present the scheme was
extended to all the 544 districts in the country.
 During 97-98 it was decided to cover 1400 tehsils/taluks under the land records computerization
scheme.
 The scheme is being implemented since 1994-1995 by MRD in collaboration with NIC where in
NIC is responsible for the supply, installation of hardware, software and maintenance of
peripherals.
 In all the State CLR project was started with basically data entry of khasra and khatoni with the
help of file based database software supported by the UNIX operation system which was the
operating system of the time.
 The customized data entry screens were developed for entering the raw attribute data in to a
database.
 Then the complete village wise khatoni and khasra repots were generated through the report
generation modules.
 The basic feature of the software used that time was the capability of data entry in local
language.
 The CDAC‟s GIST technology was used to achieve multilingual data entry from UNIX dumb
terminals.
 Subsequently during early 1995 the ORACLE 6.0 database on the UNIX platform has been
introduced into land records.
 The data from file based database user ported to ORACLE database.
 During this time more stress was also given for capturing the mutation data for period updation
of land records.
 As ORCALE provides a better flexibility, strong security and auditing features are key features
entered into land records computerization.
 Once again the multilingual feature was also extended through the GIST technology from dumb
terminals.
 During 1998 modern Windows based OS has gained popularity and Window 95/98 and
Windows NT server was introduced into land records computerization process.
 Then the most popular application development tool, VB 6.0 from Microsoft was used to develop
the customized data entry screens. Also the data from foxbase/ORACLE platform was ported to
Windows platform.
 The GIST SDK from CDAC was used for multilingual support in the application. Since then
application development for mutation data entry and linking the land records data with the
registration data and issue of general certificates like ROR and caste certificate was given prime
importance.
 During the starting of the millennium digitization of cadastral maps were stated on pilot basis.

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Benefits of the computerized system
1. Certainty of ownership
2. Security of data
3. Reduction in land disputes
4. Improved convincing
5. Facilitating implementation of land reforms programmes
6. Better management of land
7. Improvements in planning land related development programmes
8. Support for land resource management
9. Facilitating issue of copy of record of rights (ROR) to the owner
10. Making the data available in a compact and readable form at any time.
11. Other benefits include reducing the time lag in effecting mutations in the field and registers to
permissible limits, reducing the gap in the level of updation of data in records and associated
maps as the maps can be plotted instantaneously through high speed plotters, extracting all the
registers that are maintained mandatory as per rules through computers.
12. Also the integration of land records data and the associated map data is possible through the
advancement in information technology.
13. For instance, if a plot is identified in a village map, the computer can give the data relating to that
plot by accessing the database instantaneously.
14. Similarly aggregation of land records data and associated map data to produce higher level data
is possible. For example, using the basic data on plots, it is possible to produce village data and
the village maps.
15. Similarly aggregation is possible at the tehsil and district levels also.
16. Sensitivity analysis of the data wherever applicable is possible. For example, using the data on
type of land, area and rate of revenue, it is possible to know the net effect of change of rate of
revenue of any type of land on the total revenue. This will be useful for taking policy decisions.
17. This will be useful for easy and time availability of data at any desired location planning is a
reconciliation of social and economic aims, of private and public objectives.
18. It is the allocation of resources, particularly land, in such a manner as to obtain maximum
efficiency.
19. In this way, planning is therefore the art of anticipating change, and arbitrating between the
economic, social, political and physical forces that determine the location, form, and effect of
urban development.
20. In the rural environment, the aims of the planners are similar, though the strategies for their
realization will be different.
21. It has been realized from last decade that land records computerization should cater to the
following activities.
a. Linking of attribute data with the cadastral maps through a GIS.
b. As the existing village maps are not geo-referenced, resurvey with the help of GPS may
be taken up. This will enable us to produce maps with proper coordinate system.
c. Issue of ROR is not the basic requirement methodology of distribution of the ROR to
the public has also to be stressed.
d. Development of portal that with the help of the Satellite based map and attribute data
recorded so far.

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Linking Attribute Data With the Cadastral Data – GIS
 It has been realized that the linking of attribute data as generated through data entry process has
to be linked with the village map/cadastral map.
 This will indicate the boundary of the land unit along with surrounding features. It will also provide
more information than the text ROR as issued now.
 This linking of attribute data with maps can be performed by any GIS package. It involves
basically two steps: porting of attribute data from exiting database like (foxbase/ORACLE/SQL
Server) to the database to available within the GIS and liking of this attribute data with the maps.
 The problems faced during this process are:
o The present day GIS packages are still working on the file based database bases.
o This makes the porting of the attribute data into a GIS a difficult task.
o For accurate analysis in a GIS the map should be well identified with any coordinate
system. The village maps are not geo-referenced.
o Multilingual support in GIS with CDAC Fonts/Activex Controls are also to be sorted out.
 This has led to the conclusion that a resurvey with the help of GPS may be taken up.
 This will enable us to produce maps with proper coordinate system.
 The Aerial Photography supported with GPS may be taken up for fresh development of cadastral
maps.

Service to People
 Service providing mechanism is the key factor in success of any system. Present day
INTERNET is the only technology, which is going to prevail for the future and is expected to be
the only technology that will reach the mass.
 All the recent GIS packages like Arc-info, Map info, Spans support the web based technology.
 They provide web servers to build dynamic world wide web pages that will allow user to access,
query and visualize GIS information remotely using their favorite web browsers.
 The GIS web servers use the HTML and scripting languages (EASI script in Spans) for
development of applications.
 Providing service to the people has to be stressed further through introduction of franchised
cyber cafes. Right to access the data may be provided to public. The downloading of any
document may be allowed on nominal fees.
 With the introduction of cyber bill issue of ROR and other documents with maps of the land
parcel through INTERNET on nominal fees will be the future of the land records
computerization.

Computerisation
It is desirable to have properly geo-referenced land records data and it‟s integration with other
land parameters for planning and decision-making.
It is important that cadastral survey using latest technology may be done for the entire country.
Disputed cases in land titles should also be decided at the earliest.
Computerisation process should integrate registration of land titles.
Land laws/mutation process should be simplified for easy and fast implementation of
computerization.

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