Preparation of record of rights and bar of proceedings under Chapter XII of the Code of Criminal Procedure

Preparation of record of rights and bar of proceedings under Chapter XII of the Code of Criminal Procedure. (1) Any cultivating tenant may, at any time within four years from the commencement of this Act or such further period as the Government may, from time to time, by notification in the Official Gazette, specify in this behalf, apply to the Land Tribunal for the preparation of a record of rights in respect of his holding; and 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 such officer as the Collector may, by general order, specify in this behalf, to prepare 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 and such 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 prescribed.

(5) The officer specified under sub-section (3) shall for the purposes for proceedings under this section, have all the powers of a civil court while trying a suit under the law for the time being in force relating to civil procedure 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 37 for the determination of fair rent in respect of that holding shall be disposed of till the record of rights is prepared under this section.

(8) [omitted]