Question of tenancy

If any question arises whether any person is a "or was" tenant or should be deemed to be a tenant under this Act the Mamlatdar shall, after holding an inquiry, decide such question. "In any such enquiry, the Mamlatdar shall presume that any statement as to the existence of a right of tenancy in a record of rights prepared in the prescribed manner under and in accordance with the provisions of this Act, is true". (1) An application for possession of land or dwelling house under sub-section (1) or (2) of section 18 shall be made in Form IV. (2) Save as otherwise provided in the Act, the period for making application under section 18 shall be two years from the date on which the right to obtain possession of the land or dwelling house, as the case may be, is deemed to have accrued to the applicant or within one year from the commencement of the Act, whichever is later. (1) Subject to the minimum size of a survey number that may be fixed from time to time for the several classes of land by the Government, the survey officer may:— (a) divide the lands to which the revenue survey extends into survey numbers and group the survey numbers into villages; (b) recognise the existing survey numbers of plot numbers of lot numbers, reconstitute them or from new survey numbers; or (c) divide the survey numbers into as many sub-divisions as may be required in view of the acquisition of rights in land or for any other reason. (2) Every holding not less in area than the minimum fixed under sub-rule (1) shall be separately measured, classified and defined by boundary marks and entered in the land records as a survey number. (3) Every holding less in area than the minimum fixed under sub-rule (1), shall be separately measured, classified and entered in the land records as a sub-division of that survey number in which it is directed to be comprised. (1) The funds of the association shall consist of the income derived out of the lease of fishing rights at the sluice-gate, income from trees on the bunds and the contribution from the members of the Association. The accounts of the Association shall be maintained in the cash book and shall be in Form V appended to these rules. All the pages of the cash book before the same is opened shall be serially numbered and authenticated by the Mamlatdar and the same shall bear his seal. The cash book shall be maintained regularly by Treasurer and it shall be countersigned by the Chairman every month. The Treasurer shall issue receipts for all amount received on behalf of the Association. The receipt shall be in Form VI appended to these rules. All payments out of the funds of the Association exceeding Rs. 50/- shall be made through cheques. "The Mamlatdar, the Chairman and the Treasurer shall jointly operate an account opened in the name of the Association in the local branch of any scheduled bank or such other bank which the Mamlatdar may approve provided that, for withdrawal of an amount not exceeding Rs. 5000/-, the signature of the Mamlatdar shall not be necessary." Before an account is opened, the Mamlatdar shall certify the names of the office bearers who are authorised to operate the Bank account. In the event of a person authorised to operate the account by the Mamlatdar ceasing to be an office bearer of the Association the Mamlatdar shall authorise another office bearer to operate the account. The certificate so issued shall be conclusive proof for the Bank to allow the operation of the Account of the (1) The accounts maintained by the Managing Committee shall be open for inspection by the members of the Association. The objections received shall be duly preserved and put up in the General Body meeting after they have been considered by the Managing Committee. (2) As soon as the list of the members is finalised each member shall pay Rs. 10/- as enrolment fee to the Association and subsequently a regular contribution of Rs. 10/- per year will be payable by each member. The contribution shall be paid between 1st April to 30th April of each year. Any sum due from a member under this sub-rule may be, on an application made by the Chairman, recovered by the Mamlatdar as if it were an arrear of land revenue. (3) The income accrued from the lease of fishing rights at the sluice-gate, lease of trees and from contribution received from members, shall be spent mainly for the maintainance and repairs of the bunds. If the bunds so collected fall short of the requirement, the Managing Committee may request the members to pay additional contribution in accordance with the requirements. The additional contribution shall be payable in proportion on the basis of the area of the holding cultivated by each member. All the holdings cultivated by one member shall be taken together for the purpose of calculation of the contribution. If the payments have not been made by the members either towards annual contribution or in respect of additional contribution within the specified time limit, an interest at the rate of 12% shall be charged from the defaulting members. The Treasurer shall deposit the amount recovered by him immediately in the Bank account of the Association. The Government shall have the first charge on the income accrued from the lease of fishing rights at the sluice-gate. The certificate to be issued by the Mamlatdar to a tenant under sub-section (1) of section 18H shall be in Form IIIA. In computing the period of limitation prescribed under any law for the institution of suits or proceedings, prohibited under section 3, the period during which such suits or proceedings remain prohibited under this Act shall be excluded.