Section 3

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If in the book of inscription of the shares, the name of the transferor is not found recorded, the request for registration shall be refused, and a note of refusal shall be given to the applicant, and based on it, he can file an appeal to the administrator. Art. 200 – The inscription of the share-holders may be done at any time of the year, but on the last day of the month of May of each year, the clerk of the comunidade and his attorney shall close the inscription book, adding up the shares which upto that date were registered and after checking the sum, with the total number of the shares of the comunidade, as indicated in the map No. 8, he shall satisfy if the register is in order and thereafter, sign the closing declaration in the register. Art. 201 – By 30th day of June of each year, the clerk of the comunidade shall send to the administration office the book of inscription of the share-holders, for approval. SECTION IV Inscription of pensioners and participants Art. 202 – The annual fixed pensions, known as 64[acas], 65[formás], 66[votonas], 67[tainatas] and others that the comunidades pay to the individuals, as well as to the participants, referred to in the No. 3 of Article 2 shall be inscribed, applying to the administrator by attaching to the petition the documents confirming the transfer. Art. 203 – The pensions and holdings that are inscribed in a name different from that of the transferor or of the one representing him, shall not be inscribed in the name of the applicant -------55-------- unless, by a judicial decision, that has become res judicata, it is proved that the applicant‘s right to them has been confirmed, in which case the inscription shall be made. Art. 204 – The inscription cannot be effected when the person, in whose name the pensions or holdings are inscribed, have transferred them, with reservation of the usufruct, and if the propriety is transferred to one person and the usufruct to another, firstly the enrolment will be made of the usufructuary, declaring this capacity. The inscription, in the name of the owner should be made only when the ownership and usufruct right vest are merged in Art. 205 – The provisional inscription in the name of the head of the family, is permitted by proving this status with a certified copy of the inventory that is in progress, and in the name of a head of a joint hindu family by producing authentic document of the joint family it being legally formed. Art. 206 – After the application is accepted, the claim for the registration shall be announced in two successive numbers of the Official Gazette, calling for objections against the same, within sixty days from the second publication. § 1. After the period of sixty days, any representation or the negative certificate, as the case may be, shall be attached to the application, and the clerk of the comunidade and the managing committee shall be heard. § 2. As per the material on record, the administrator shall decide the claim. § 3. These inscriptions shall be done in special books which the clerk of the comunidade shall send to the administration office by the 30th day of June of each year for approval. Art. 207 – The provisions contained in sole paragraph of article 418 shall be applicable to the registrations referred to in this section. CHAPTER II Registers (Tombos) SECTION I Register 1 (Tombo 1) Art. 208 – The register. 1– (Tomb I) is the cadastre of all the properties of the comunidades mentioned in map No. 1, and the description of the sources of other revenues, not connected to private land. Art. 209 – It is obligatory in all the comunidades, whenever necessary, to organize and reorganize, the Register 1 of the properties, known as Tombo‘ 1, which shall be carried out in the shortest possible time, according to the following numbers: The paddy fields, with the exception of those mentioned in article 325, shall be divided in lots, whose area generally shall be of 0.5 ha. to 1 ha., save where special circumstances advise that some larger or smaller lots are advisable. The hilly properties need not be divided into lots or may be divided into lots of area higher than 1 ha. whenever the nature of the land and the system of cultivation justify; -------56-------- Maps shall be prepared of all the rustic land of the comunidades, showing independent property units and the lots into which each property is divided. All the lots and the building properties shall be duly enumerated, named, demarcated, bounded, measured and valued, with all the necessary and indispensable indications to establish its identity and indications, which will be reflected from the map and in the register of the surveyor (model No. 9), which shall accompany the maps where all the lots shall be numbered in each maps records with the number which shall correspond to the one in the general numbering of the properties of the comunidade; The denomination of the lots, shall not, generally differ from the actual names used, which shall only be changed or added to, when necessary for the better identification of each individual property; The demarcation of the properties shall be done by the comunidade, for which the comunidade shall solicit the supply of boundary stones by way of auction, preceded by the estimate duly approved by the administrator. The boundary stones shall be of solid stone and of two types: the first type meant for demarcation of the perimeter of each independent property, shall constitute of rectangular parallelepipeds having 0.80 metres of height and 0.22 metres of width on each side; others, meant for interior demarcation of lots, shall be of the same kind, having however, 0.50 metres of height by 0.22 metres of width, whenever possible. In the firm land as of the hilly places, the dimensions in height can be reduced, which shall be indicated in the clauses of the auction; in loose soils, such as sandy land, the heights may be increased; The survey of each property shall be done numerically, so that one or more boundary stones of its perimeter can be easily indicate on the ground, by references to fixed and permanent points. Whenever possible, this reference shall be in relation to trigonometric points or points that shall delimitate each village, and whenever, at the time of the survey, if the perimeter map of the village map is available, the position of the map drawn should be shown in that map. The result of the measurements shall be expressed in units of the decimal metric system. In the area of each lot, fractions of the square meter shall be rejected, and in dividing lots, use should be made, as much as possible, of straight alignments. The valuation of lots of regular productivity shall be done in such a way that the net annual income of each of them, previously calculated, corresponds to 4 per cent of the respective value, and the net revenues shall be computed in the following manner: after calculating the output of the portion of land correspondent to the quantity of the seed that the land will take, as per the nature of the soil. This is to be converted in cash, on the basis of the respective average price for the cereal cultivated during the last five years. Thereafter, the production expense is then set at 35, 40 or 50 per cent, according to the nature of the soil. While preparing the Register 1 - (Tombo 1), various charges and expenses referred to in the article 216 and its paragraphs shall be deducted from these net revenues; The valuation of the lands meant for the cultivation of pulses shall be done considering the number of years left fallow, and regarding those which are deteriorated and uncultivated, they shall be valued on the basis of the area and productive capacity of the soil; The production of the coconut groves shall be calculated as per the number, nature and quality of fruit bearing trees existing in them. The expense of production shall be fixed at 40 or 50 percent; -------57-------- The valuation of the building properties shall be done so that the annual net income of each of them, calculated by the average of the incomes accrued over the last nine years, corresponds to eight per cent of the respective value; If in any one or more years, referred to in the preceding number, there has not been any income, the income of –those years will be considered equal to those of the immediately preceding years; If there has not been any income in all those nine years, then a fair and proper value should be determined to the property taking into consideration the probable expenses of the respective construction, annual repairs and condition of maintenance; Any income not specified shall be taken into account while fixing the value of the properties; After all the necessary calculations are done, whilst fixing the value of the properties, the fractions of 6$ should be ignored, adding however 6$ to the whole part of this value, when the fraction part is above 3$. Art. 210 – In order to carry out the preparation of the Tombo (register of the properties) of each comunidade, a brigade shall be constituted as follows:– one surveyor requisitioned by the administrator from the Directorate of Economic Services, one informer, one measurer chosen by the surveyor and two labourers to carry the instruments and to help in the measurements. § 1. The work to carry the inventory of properties of each comunidade shall not be executed by more than one brigade simultaneously. § 2. The appointment of informers shall be made by the administrator, on the basis of a proposal from the managing committee that will suggest a list that contains names, not less than twice the number deemed sufficient, however the individuals suggested should satisfy the requirements indicated in the following paragraph. § 3. The informers of each brigade shall be replaced in such a way that to each property or fraction of it corresponds to an informer that have full knowledge of the same, and each of them shall be notified by the clerk of the comunidade, to when their information may be required. § 4. The surveyor is bound to bring to the notice of the administrator, in writing, about the incompetence, unsuitability or lack of zeal that he may notice in any of the informers, who attend to the work of preparation of the cadastre (Tombo). Copies of these communications shall be sent to the Directorate of Economic Services. § 5. All the works of preparation of cadastre shall be supervised by the director of Economic Services and by the administrator. The technical supervision over these works shall be of the exclusive responsibility of the former or of the heads of the competent departments of the same Directorate. Art. 211 – The personnel indicated in the preceding article shall be assisted in the work of preparation of Register –Tombo‘ by the attorney and by the clerk of the respective comunidade, who shall be required to be present on the site each day whenever his presence is necessary. -------58-------- As and when convenient, the managing committee may appoint, in substitution of the attorney, a special commissioner to monitor and supervise the work of preparation of the said inventory. This appointment shall be approved by the administrator. § 1. It is the duty of the attorney or of the specially appointed commissioner to: Represent the comunidade during the preparation of the inventory of the properties, safeguarding the interests of the comunidade, avoiding by means at his disposal that such interests are harmed, supervising on behalf of the comunidade, the same work; Be present during the placing of boundary stones in the places fixed by the surveyor and to do in such a way that this inventory may be prepared in shortest possible time. § 2. It is of the duty of the clerk (escrivão) to:– Take notes of the complaints, agreements, encroachments, as and when necessary, as per provisions of this Code; Notify or ask for notification, of the owners of the adjoining properties of the comunidade, to be present at the time of placing the boundary stones of delimitation and to the measurement of the encroachment, if any, and to sign the respective records, failing which it will done in their absence; Have ready, sufficiently in advance, in order to give to the surveyor at the time of starting the inventory work, or as and when requested, the following information: A nominal list of all the properties belonging to the comunidades, showing its divisions and sub-divisions; A list of the auctions notes, with the respective calculations and rent collected during the last three trienniums; Copy of the mutual rights of the cultivators in relation to irrigation; Certificate of various charges or encumbrances. To make, under the direction of the surveyor, all the entries in the inventory register of the properties –Tombo and extract copy of the surveyor‘s record. Art. 212 – Prior to taking up the inventory of the properties, the same shall be announced in the Official Gazette and in the newspapers of the locality, if any, in order that the owners of the lands, adjoining to that of the comunidade, and as well as those interested in the comunidade, shall be able to follow the process and present any claims that they may have, which shall be duly recorded by the clerk of the comunidade in a special book and decided administratively, when possible. § 1. This book shall have the number of pages that are necessary and shall be previously initialled by the administrator or his commissioner, and each one of them shall have, besides the space reserved to record the text of the claim, two columns: one on the left, which shall used to record the sequential number of each claim, the other, on the right, to record the decision. § 2. All the claims shall be recorded, as briefly and concisely, as possible and which shall be signed by the respective claimants, by the clerk of the comunidade and by the surveyor (model No. 10). -------59-------- § 3. No claim shall be attended for the purpose of administrative decision, unless the respective claimant undertakes to present and does present it in the administration office of the comunidades, within thirty days, from the date when the objection is filed , all the documents that can substantiate his claims. § 4. As soon as these documents are presented in due time, the administrator shall examine the evidence in favour or against the respective claim and shall direct the rectification of any mistake that he finds as having been made by the respective persons involved in this work or else by directing that the claimant may use the ordinary means, holding that there is no sufficient evidence. § 5. When the administrator recognizes that, in view of the documents presented, or any others, that there has been encroachment of the land, he shall order that this property, or part of the property in question, be listed in the register of encroachment, in order to proceed in respect of this property or part of it, in the manner indicated in Articles 382 or 385 and following ones. § 6. The administrator‘s decision is subject to appeal to the Administrative Tribunal. Art. 213 – The work of cadastral survey, shall consist of field and office works, the former being conducted in seven months, from 1st November to 31st May, and the second in the remaining five months. § 1. The supervision of the work of the survey is the responsibility of the surveyor who shall be the main responsible for its execution. § 2. During the time of the field work, the surveyor shall have to carry out the following works: