Amendment status not verified — confirm the current text below against the official source.
(1) Any person interested in any land may at any time within ten years from the commencement of this Act or such further period as the Government, may, from time to time, by notification in the Gazette specify in this behalf, apply to the Tahsildar of the taluk in which that land is situate for the preparation of a record of rights in respect of that land: Provided that no such application shall lie in cases where the land is situate in an area notified by the Government under section 3 of the Kerala Record of Rights Act, 1968. (2) On receipt of an application under sub-section (1) for the preparation of the record of rights in respect of any land, the Tahsildar shall prepare the record of rights in respect of that land in such manner as may be prescribed. (3) The record of rights shall contain-- (a) the description and extent of the land; (b) the name and address of the owner; (c) the names and address of intermediaries, if any, in respect of the land and the nature of the interest of each of such intermediaries; (d) the names and addresses of the cultivating tenants and kudikidappukars, if any, in respect of the land and the nature of the interest of each of them; (e) the names and addresses of other persons, if any having interest in the land and the nature of the interest of each such person; and (f) such other particulars as may be prescribed. (4) Any person aggrieved by any entry in the record of rights prepared by the Tahsildar under sub-section (2) may, within such period as may be prescribed, appeal to the Revenue Divisional Officer having jurisdiction over the area in which the land is situate. (5) An appeal under sub-section (4) shall be in such form and shall contain such particulars as may be prescribed. (6) On receipt of an appeal under sub-section (4), the Revenue Divisional Officer shall, after giving an opportunity to all persons interested in the land to which the record of rights relates, dispose of the appeal in such manner as may be prescribed. (7) The Tahsildar and the Revenue Divisional Officer shall, for the purposes of the proceedings under this section, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) document; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses or for local investigation; and (e) any other matter which may be prescribed. (8) The record of rights prepared under this section shall be admissible in evidence before any court or tribunal and every entry in any record of rights which has become final shall until the contrary is proved be presumed to be correct. (9) Where an application for the preparation of a record of rights in respect of a land is admitted, no application under section 31 for determination of the fair rent in respect of that land shall be disposed of till the record of rights is prepared under this section. (10) Where the proceedings for the preparation of a record of rights are pending before the Tahsildar or an appeal under this section is pending before the Revenue Divisional Officer at the time when the area in which the land to which the record of rights relates is situate is notified by the Government under section 3 of the Kerala Record of Rights Act, 1968, the Tahsildar or the Revenue Divisional Officer as the case may be, shall transfer such proceedings or appeal to the prescribed officer under the said Act for the preparation of the record of rights in accordance with the provisions of that Act]. Substituted by Act 35 of 1969.