Power to assume management

(1) If it appears to the Government that for any two consecutive years including any period before the commencement of this Act, any land has remained uncultivated through default either of the landlord or of the tenant, or that cultivation of any land has seriously suffered for any other cause whatsoever, or that any land capable of being used, if reclaimed or otherwise improved, howsoever, has not been so reclaimed or otherwise improved and cultivated, or that any land is remaining as a pasture land in excess of the ordinary grazing requirements of the cattle of the person entitled to graze cattle thereon, the Government may, after such enquiry as may be prescribed, declare by notification that the management of such land shall be assumed, and such declaration shall be conclusive. Explanation: A land which is cultivable both during the “Sard” (Kharif) and “Vaingan” (Rabbi) season in a year, is not cultivated during anyone of the said season during any year, shall for the purpose of this section be deemed to have remained uncultivated for that year. (2) On the publication of a notification under sub-section (1), the Government or an officer authorized by the Government in this behalf shall appoint a manager to be in charge of the land and the manager so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860. (3) During the period commencing from the date of publication of the notification under sub-section (1) and ending with the termination of management under sub-section (4) the following provisions shall have effect, namely: (a) all legal proceedings pending and all processes, executions or attachments in force in respect of debts and liabilities enforceable against the land shall be suspended and no fresh proceedings, processes, executions or attachments shall be instituted, issued, enforced or executed in respect thereof; (b) the landlord shall be incompetent and the manager shall be competent: (i) to enter into any contract with respect of the land; (ii) to mortgage, charge, lease or alienate the land or any part thereof; and (iii) to grant valid receipts for rents or profits accruing from the land: Provided that the manager shall not be competent to alienate any and save with the prior approval of the Government and with the consent of the landlord, or where the landlord cannot be found; after the publication of a notice in the prescribed manner: Provided further that where the manager is satisfied that for the purpose of bringing the land under cultivation it is necessary for the lessee to make improvement on the land at a considerable cost or labour or both, it shall be competent for the manager subject to the previous approval of the Government to remit to the lessee the. (c) all powers, which if the management of the and has not been assumed, would have been exercisable by the landlord shall be exercisable by the manager who shall receive and recover all rents and profits due in respect of the land under management and for the purpose of recovering the same may exercise, in addition to the powers exercisable by the landlord the powers exercisable by a Collector for the recovery of land revenue; (d) from the sums received on account of the land, the manager shall pay— (i) the cost of management including the cost of necessary repair; (ii) the Government revenue and all sums due to the Government in respect of the land under management; (iii) the rent, if any, due to any superior holder in respect of the land; (iv) such periodical allowance as the Collector may from time to time fix for the maintenance and other expenses of the landlord and of such members of his family as the Collector directs; and (v) the cost of such improvement of the land as he thinks necessary and is approved by the Collector; (e) the manager shall pay to the landlord the balance, if any, remaining after the expenses referred to in clause (d) have been defrayed: Provided that if any proceedings in respect of debts and liabilities enforceable against the land have been suspended under clause (a), the manager shall, out of such balance deposit an amount, not exceeding the amount estimated to be required for the meeting of such debts and liabilities, with the Court in which the proceedings were pending. (3A) Where the management of any land has been assumed under sub-section (1) on account of the default of the tenant, such tenant shall cease to have any right or privilege under the provisions of this Act, in respect of such land with effect from the date on and from which such management has been assumed. (4) (a) When in the opinion of the Government it has become unnecessary to continue the management of the land the Government shall by notification terminate the management thereof. (b) On the termination of management, the land (together with any balance of monies creditable to the landlord) shall be delivered to the landlord from whom the management was assumed if he is dead, to the person appearing to the Government to be entitled to the land. (c) All acts done by the manager during the period of management shall be binding on the landlord or other person to whom the land is delivered under clause (b). (d) The period during which the institution of any proceedings has been prohibited by clause (a) of sub-section (3) shall be excluded from the computation of the period of limitation for the institution of that proceeding. (5) The Government may appoint a Comunidade, a Village Panchayat, or a Co-operative Society as manager for the purposes of this section. (1) The Circle Inspector shall visit the village and examine any entry made by the talathi in the mutation register and see if copies of every entry have been properly posted and notices have been properly served under rule 34 or not. The Circle Inspector shall give intimation of the date and time of such visit, sufficiently in advance to the talathi who shall inform the persons interested in the relevant mutation entries about such visit and call upon them to remain present at a prominent place in the village when the Circle Inspector visits the village. (2) On visiting the village at the appointed time, the Circle Inspector shall read out aloud each mutation entry and explain it to the persons present. He shall also ask the persons interested in the relevant entry to state whether they admit the entry or whether they have any objection to it. If any objection is raised, the objection shall be entered by him in the register of disputed cases. (3) The Circle Inspector shall initial the entries in the mutation register in respect of which no objection is received by the talathi or by him under sub-rule (2). Where the entry is admitted by the persons interested, the fact shall be noted by him in column 4 of the mutation register. (4) If in respect of any entry in the mutation register, an error is noticed by the Circle Inspector or is pointed out to him by any one present, and such error is admitted by all persons interested in such entry who may be present or if such persons be not present, the Circle Inspector is himself satisfied about the existence of such error, he shall correct the error by bracketing the erroneous entry and inserting the correct entry by interlineations or side note or by an entirely fresh entry, in either case authenticated by his signature. If the error is not admitted, he shall enter the dispute in the register of disputed cases. Notification RD/TNC/SO/167/78 dated 5th September, 1978: The Government hereby delegates its powers conferred upon it under Section 36 of the said Act to the Government, Revenue Department: Provided, however, that notwithstanding this delegation, the Government may itself exercise the said powers should it deemed fit to do so in any case.