Chapter III Chapter III

Power, functions, appeals, etc. and maintenance of registers

Commencement of proceedings.— Save as otherwise expressly provided by or under this Act, all inquiries and original proceedings before the Mamlatdar shall be commenced by an application which shall contain the following particulars:—

1. (a) the name, age, profession and place of residence of the applicant and the opposite parties;
2. (b) a short description and situation of the dwelling house in respect of which the application is being made;
3. (c) the circumstances out of which the cause of action arose;
4. (d) a list of the applicant’s documents, if any, and of his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce them on the day of the hearing; and
5. (e) such other particulars as may be prescribed.

Procedure.—

1. (1) Subject to the other provisions of this Act in this behalf, the procedure to be followed by the Mamlatdar, the Collector, the Administrative Tribunal or the Government in all inquiries, appeals, applications for revision and other proceedings under this Act shall be such as may be prescribed.
2. (2) Every decision or order passed under this Act shall be recorded in the form of an order which shall state the reasons therefor.
3. (3) All inquiries and proceedings before the Mamlatdar, the Collector, the Administrative Tribunal or the Government shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

Execution of order for payment of money or restoring possession.—

1. (1) Any sum, the payment of which has been directed by an order of the Mamlatdar, the Collector, the Administrative Tribunal or the Government, including an order awarding costs, shall be recoverable from the person ordered to pay the same as arrears of land revenue.
2. (2) An order of the Mamlatdar evicting the mundkar from his dwelling house or restoring to him the possession or use of any land or dwelling house or the enjoyment of the customary easement or supply of electricity or water shall be executed in such manner as may be prescribed and by using such force as may be necessary.
3. (3) An order or decision of the Mamlatdar in execution proceedings shall, subject to appeal or revision, if any, be final.

Power to transfer proceedings.— The Collector, may, after due notice to the parties, by order in writing, transfer any proceedings under this Act pending before a Mamlatdar, from such Mamlatdar to any other Mamlatdar and the Mamlatdar to whom the proceedings are so transferred shall thereupon exercise jurisdiction under this Act in such proceedings.

Appeal.— From every original order, other than an interim order, passed by the Mamlatdar or the Collector under this Act, an appeal shall lie to the Collector or the Administrative Tribunal respectively and the order of the Collector or the Administrative Tribunal, as the case may be shall subject to revision if any, under section 25 of this Act, be final. Explanation.—

1. (1) For the purpose of this section “interim order” shall not include injunction order and such orders shall be subject to appeal and revision.

Revision.—

1. (1) From every order, other than an interim order, passed in appeal under section 24 or under sub-section (2), a revision shall lie to the Administrative Tribunal or the Government, respectively and the order of the Administrative Tribunal or the Government, as the case may be, on such revision shall be final.
2. (2) Save as otherwise expressly provided under this Act, where no appeal lies under this Act, the Collector may, on his own motion or on an application made by an aggrieved person, or on a reference made in this behalf by the Government, at any time, call for the record of any inquiry or proceedings of any Mamlatdar for the purpose of satisfying himself as to the legality or propriety of any order passed by the Mamlatdar and as to the regularity of the proceedings and pass such order thereon as he deems fit: Provided that no such record shall be called for, after the expiry of six months from the date of such order and no order of such Mamlatdar shall be modified, annulled or reversed unless reasonable opportunity has been given to the interested parties to appear and be heard.

Extent of powers in appeal or revision.—

1. (1) The Collector or the Administrative Tribunal or the Government in appeal or in revision, may, confirm, modify or rescind the order in appeal or revision, or may pass such other order as may be legal and just in accordance with the provisions of this Act.
2. (2) The orders passed in appeal or revision shall be executed in the manner provided for the execution of the orders of the Mamlatdar under this Act.

Powers of Civil Courts to be exercised in conduct of inquiries and proceedings under this Act.—The Mamlatdar, the Collector, the Administrative Tribunal or the Government shall exercise in all inquiries, proceedings, appeals or revisions, the powers as are exercised by the concerned trial court, appellate court or a court exercising revisional jurisdiction, under the Code of Civil Procedure, 1908. Central Act 5 of 1908.

Limitation and court fees.—(1) Every appeal or application for revision under this Act shall be fixed within a period of sixty days from the date of the communication of the order of the Mamlatdar, the Collector or the Administrative Tribunal, as the case may be, and the provisions of sections, 4, 5, 12 and 14 of the Limitation Act, 1963, shall apply to the filing of such appeal or application for revision. Central Act 36 of 1963.

1. (2) Notwithstanding anything contained in the Court Fees Act, 1870, every application, appeal, or revision made under this Act to the Mamlatdar, the Collector, the Administrative Tribunal or the Government shall bear a court fee stamp of such value as may be prescribed. Central Act 7 of 1870.

Register of mundkars.—

1. (1) In respect of every village, the Government shall cause a register of mundkars to be prepared and maintained in the prescribed manner.
2. (2) The register shall contain the following particulars, namely:—
   • (a) the particulars and description of the dwelling house;
   • (b) the location of the dwelling house;
   • (c) the name and address of the bhatkar;
   • (d) the name and address of the mundkar;
   • (e) the nature and extent of service, rendered to the bhatkar or the amount of ground rent if any paid;
   • (f) the occupation of the mundkar;
   • (g) the rights referred to under section 6; and
   • (h) such other particular as may be prescribed.
3. (3) The register shall be prepared and maintained by the Mamlatdar after such inquiry as may be prescribed.
4. (4) The Mamlatdar shall, before the preparation of the register, publish a notice, in every revenue village inviting applications from the mundkars for registration and to be presented before such date as may be specified in the notice or such further time as may be allowed by him: Provided that if, at any time after the publication of the notice, it is found that a mundkar has failed to apply for registering his name the talathi within whose jurisdiction the dwelling house is situated may, after making such inquiry as he considers necessary, propose to the Mamlatdar to enter the name of such mundkar in the concerned register of mundkars and the Mamlatdar shall dispose of the same as provided under sub-section (5). Explanation.— The expression ‘revenue village’ includes villages in the municipal areas.
5. (5) On receipt of the application within the time specified in the notice or within such further time as may be allowed by him, the Mamlatdar shall, give notice to the bhatkar and any other person interested in the land in which the dwelling house situate calling upon them to file objections, if any and requiring them to appear at a time and date specified in the notice for inquiry into the application.
6. (6) On the dates specified in the notice or any other date to which the enquiry may be adjourned, the Mamlatdar shall hear such of the persons who appear and after such inquiry as may be prescribed, register the mundkar or reject the application.
7. (7) The order of the Mamlatdar under sub-section
8. (6) shall be served on the interested persons and shall also be published in the notice boards of the village Office of the village in which the dwelling house is situate.
9. (8) Any person aggrieved by the registration of a mundkar or by the refusal to register a person claiming to be a mundkar may, within sixty days from the date of registration or refusal, as the case may be, file an appeal to the Collector.
10. (9) On receipt of an appeal under sub-section
11. (8) the Collector may call for the records of any proceeding under sub-section
12. (6) and may make such inquiry or cause such inquiry to be made and may pass such orders thereon as he deems fit:

Presumptive value of the record Presumptive value of the record.— An entry made in the register of mundkars prepared in accordance with the provisions of this Act and the rules made thereunder shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted thereafter.