Amendment status not verified — confirm the current text below against the official source.
(1) Any cultivating tenant may, at any time within four years from the commencement of this Act or such further period as the Government may, from time to time, by notification in the Official Gazette, specify in this behalf, apply to the Land Tribunal for the preparation of a record of rights in respect of his holding; and the Land Tribunal shall admit such application if it is prima facie satisfied that the application has been made bona fide. (2) Notwithstanding anything contained in sub-section (1), the Government may, suo motu, direct the Land Tribunal for the preparation of a record of rights in respect of any holding. (3) Where an application for the preparation of a record of rights is admitted or when directed by the Government to prepare such record, the Land Tribunal shall direct such officer as the Collector may, by general order, specify in this behalf, to prepare record of rights in respect of the holding. (4) The record of rights shall be prepared in such manner as may be prescribed, after giving an opportunity to the landlord and all other interested persons to be heard and such record of rights shall contain – (a) the description and extent of the holding; (b) the name and address of the owner; (c) the nature of the applicant’s interest in the holding; (d) the names and addresses of the intermediaries in respect of the holding and the nature of the interest of each of such intermediaries; and (e) such other particulars as may prescribed. 98 (5) The officer specified under sub-section (3) shall for the purposes for proceedings under this section, have all the powers of a civil court while trying a suit under the law for the time being in force relating to civil procedure in respect of the following matters, namely: -- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses or for local investigation. (6) The record of rights prepared under this section shall be admissible in evidence before any court or tribunal. (7) Where an application for the preparation of a record of rights in respect of a holding is admitted, no application under section 37 for the determination of fair rent in respect of that holding shall be disposed of till the record of rights is prepared under this section. (8) *[omitted] Bar of proceedings under Chapter X of the Code of Criminal Procedure in certain cases *[ 35A. (1) Where a person claiming to be a tenant applies for the preparation of a record of rights or for the determination of the fair rent or for the purchase of the right, title and interest of the landowner and the intermediaries, if any, in respect of the land cultivated by him, then, notwithstanding anything contained in any other law, no magistrate shall have jurisdiction under Chapter X of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in respect of a dispute between that person and any other person claiming to be in possession of that land relating to that land, pending disposal of the application. (2) Where, in respect of any land, proceedings under Chapter X of the Code of Criminal Procedure, 1973, were initiated while proceedings for the determination of the fair rent in respect of that land were pending and the possession of the land was handed over to the landlord in the proceedings under the said Chapter X, and a suit to declare the right to possession of such land was pending in any civil Court of competent jurisdiction on the date of publication of the Mahe Land Reforms (Amendment) Bill, 1980, in the Official Gazette, then, notwithstanding anything contained in Chapter X of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or order of any court of any record regarding possession, the person who applied for the determination of the fair rent or his successor-in-interest shall,--- ________________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 99 (a) if he was actually in possession on such date, be entitled to continue in possession of such land subject to the final decision in such suit; and (b) if he was not in possession on such date, be entitled to restoration of possession and to continue such possession till the final decision in such suit. (3) Any person who is entitled to be restored to possession of any land under sub-section (2) may make an application in writing within a period of six months from the commencement of the Mahe Land Reforms (Amendment) Act, 1980, to the Deputy Collector (Revenue), Mahe, for the restoration of possession of such land. (4) The Deputy Collector (Revenue), Mahe, shall, on receipt of an application under sub-section (3), make or cause to be made necessary enquiries in respect of such application and if he is satisfied that the applicant is entitled to restoration of possession under sub-section (2), eh shall by order direct the person in possession of the land to deliver possession of the same to the applicant within a period of thirty days from the date of service of the order: Provided that no order under this sub-section shall be made, unless the person who is in possession of the land has been given an opportunity of being heard in the matter. (5) Every order made under sub-section (4) shall be served in such manner as may be prescribed. (6) Any person aggrieved by an order of the Deputy Collector (Revenue), Mahe, under sub-section (4) may, within a period of thirty days from the date of service of the order, prefer an appeal to the Collector, and the order of the Collector on such appeal shall be final. (7) Where an order made under sub-section (4) has not been complied with, and --- (a) no appeal has been preferred within the time allowed for such appeal; or (b) an appeal having been preferred has been dismissed, the Deputy Collector (Revenue), Mahe, shall cause the land to be delivered to the applicant by putting him in possession of the land, and if need be, by removing any person who refuses to vacate the same. 100 Disputes regarding right to cultivate land