Procedure before Land Tribunal

Procedure before Land Tribunal. (1) As soon as may be after the receipt of the application under section 62, the Land Tribunal shall give notice to the landowner, the intermediaries and other persons interested in the holding, to prefer claims or objections with regard to the application. [omitted]

(2) The Land Tribunal shall, considering the claims and objections received and hearing any person appearing in pursuance of the notice issued under sub-section (1) and after making due enquiries, pass orders---

(i) on the application, if any, pending before it from the landowner or intermediary for resumption, in accordance with the provisions of section 15; and

(ii) on the application for purchase under section 62. (3) Where the cultivating tenant is entitled to purchase only a portion of the land left after resumption, the Land Tribunal shall, as far as possible, allow the purchase of the portion indicated in the application under sub-section (4) of section 62. (3A) Where the right, title and interest of the landowner or the intermediary vested in the cultivating tenant form part of the security for any encumbrance or charge for maintenance or alimony, the Land Tribunal shall, for the purpose of discharging the same, apportion the entire encumbrance or the charge for the maintenance or alimony between the portion of the land, the right, title and interest over which vested in the tenant and the portion remaining after such vesting, in proportion to the values of the two portions of the property, and discharge only the liability pertaining to the portion to which the purchase relates. (4) An order under clause (ii) of sub-section (2) allowing the application shall specify – (i) the purchase price payable by the cultivating tenant; (ii) the amount due to the landowner and each of the intermediaries, if any, on the apportionment of the purchase price paid by the cultivating tenant; (iii) the value of encumbrances subsisting or claims for maintenance or alimony charged on the right, title and interest of the landowner and the intermediaries, if any; (iv) the amounts payable to the holder of the encumbrance or the person entitled to the maintenance or alimony and the order of the priority in which such amount is payable and (v) the amount payable to the landowner and each of the intermediaries after deducting the value of the encumbrance or the claims for maintenance or alimony. (5) If the landowner or intermediary is liable to pay any amount to the cultivating tenant under this Act, the Land Tribunal shall, in passing orders on the application for purchase, set off such amount against the purchase price payable to the landowner or the intermediary. (6) The Land Tribunal shall, as soon as may be, forward a copy of the orders under sub-section (2) to the Land Board.