Preparation of record of rights

(1) Any cultivating tenant may, at any time within one year from the commencement of this Act, apply to the Land Tribunal for the preparation of a record of rights in respect of his holding. 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 the Revenue Divisional Officer having jurisdiction over the area in which the holding is situate to prepare a 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. The 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 be prescribed. (5) The Revenue Divisional Officer shall, for the purposes of proceedings under this section, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, 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 31 for determination of fair rent in respect of that holding shall be disposed of till the record of rights is prepared under this section.