Procedure where a survey and record-of-rights are being made

In every local area, estate, tenure or part thereof in which a survey is being made and a record-of-rights is being prepared under this Act or under any law in force before the commencement of this Act, and in which a record of praedial conditions are being prepared and a commutation thereof is being made an order issued under Section 106. Sections 107 to 109 shall not apply, and the following provisions shall have effect, namely :- (1) The Revenue Officer shall at the time of attesting the preliminary record, ascertained all the praedial conditions to which, by local custom or usage or by contract made when the tenancy commenced each tenant is liable, and the cash value of such condition and shall prepare a statement, in the prescribed form showing the conditions and values so ascertained. (2) In calculating the cash value of such conditions, the Revenue Officer, shall be guided by the provisions of Section 105, sub-section (3). (3) The Revenue Officer shall enter in the Khatiyan of each tenant the cash value of the praedial condition (if any) to which such tenant is liable as ascertained under clause (1). (4) If any tenant is liable, by local custom or usage or by contract made when the tenancy commenced, to any praedial conditions other than those to which the general body of tenants are liable or is not liable to all the praedial conditions to which the general body of tenants are liable, the Revenue Officer shall also specify in the Khatiyan the praedial condition to which such tenant is liable. (5) The statement prepared under Clause (1), and the entries in the Khatiyan shall be published in draft in the same manner and for the same period as the record-of-rights. (6) Objection as to entries or omission in the statement of Khatiyan relating to praedial condition may be made under the same condition as objection to entries in or omission from the record-of-rights and shall be disposed of in the same manner as such objections. (7) After the disposal of objections, the said statement, and the entries in the Khatiyan relating to praedial conditions shall be finally published at the same time and in the same manner as the record-of-rights. (8) At any time within three months from the date of the certificate of the final publication of the record-of-rights, a suit may be instituted before a Revenue Officer for the decision of any dispute regarding any entry in the record relating to praedial conditions or regarding any omission to enter any such conditions in the record and; the Revenue Officer shall hear and decide the dispute. (9) In all such suits, the Revenue Officer shall, subject to any rule made in this behalf under Section 264 adopt the procedure laid down in Chapter XVI for the trial of suits. (10) An appeal shall lie, in the prescribed manner and to the prescribed officer, from any decision of a Revenue Officer under Clause (8).