Right of persons holding on the date of liberation

A person who lawfully cultivated as a tenant or sub-tenant any land belonging to another person (hereinafter in this section referred to as the owner) on or after the 19th of December, 1961 but before the 1st July, 1962 shall be deemed to be a tenant for all the purposes of this Act; (i) if such person cultivated it personally for any period immediately preceding the latter date, (ii) if such land was not cultivated personally by the owner, (iii) if such person was not one of the persons mentioned in clauses (i) to (iii) of section 4, and (iv) if such person is restored to possession of such land in pursuance of sub-section (3) of section 8. Any notice, required to be given by the Mamlatdar or Tribunal under the provisions of the Act or Rules shall be issued in duplicate and served by delivering or tendering, the copy to the person therein named by sending it by registered post A. D. to his address or if such person cannot be found, then by, affixing the copy to some conspicuous place on the land, if any, to which such notice refers and to the Notice Board of the Mamlatdar’s office concerned. It shall be lawful for a Survey Officer deputed to conduct or take part in any such survey, to require by general notice or by summons, the attendance of holders of land and of all persons interested therein in person, or by legally constituted agent duly instructed and able to answer all material questions, and the presence of taluka and village officers, who in their several stations and capacity are legally or by usage, bound to perform service by virtue of their, respective officers, and to require from them such assistance in the operation of the survey and such service in connection therewith, as may not be inconsistent with the position of the individual so called on. The Members of Association shall perform such duties as may be assigned to them by the Managing Committee for the purpose of watch and ward of the bunds. (1) The Mamlatdar shall have due regard to the following factors while determining the net average annual income of the land under sub-section (2) of section 18D: (a) value of any service or construction made by the landlord towards construction or repair of sluice gates, etc., if any; (b) the expenses incurred by the landlord for maintenance of sluice gate, bunds, embankments, etc.; (c) the benefit drived by the person in whom the right to operate the sluice gate, etc. was vested; (d) the improvement of the land made by the tenant or landlord, if any; (e) the increase in annual production and the value of other benefits derived by the tenants, etc.; (f) the income from fisheries, if any, derived by the tenant or the landlord as the case may be; (g) the nature of land, that is whether it is a single cropped or double cropped and the fertility of the soil; (h) the irrigation facilities available; (i) the location of the land vis-à-vis any public road, market place, etc. (2) It shall be lawful for the Mamlatdar, as and when necessary, to secure the presence of the tenant, the landlord and any other person whom he considers necessary and examine them on oath by putting them questions for ascertaining:— (a) whether the tenant is under any pecuniary obligation of the landlord; (b) whether the landlord has made any adjustment with the tenant outside the proposed purchase price; (c) whether the tenant has any objection to the purchase price; (d) the financial position of the tenant; (e) any other matter which the Mamlatdar thinks necessary to ascertain. (3) The Mamlatdar may, if he thinks necessary, consult the Director of Agriculture or the Zonal Agricultural Officer, the Block Development Officers, the village Panchayats within the area concerned for obtaining their opinion or such other information while determining the purchase price. This order shall be in force for one year from the date of its publication (Subsequent orders extended this to 15th May, 1964 and 15th November, 1964). No Civil Court shall have jurisdiction to entertain, decide or deal with any question which is to be decided by the Mamlatdar under this Act.