Procedure for vesting of rights of religious, charitable or educational institutions in Government and for determination of annuity

Procedure for vesting of rights of religious, charitable or educational institutions in Government and for determination of annuity. (1) An application under sub-section (1) of section 73 shall specify all the holdings in respect of which the institution desires to be paid annuity.

(2) The application shall be in such form as may be prescribed.

(3) On receipt of such application, the Land Board shall direct the Land Tribunal, to determine the annuity payable to the institution.

(4) Notwithstanding anything contained in sub-section (3), the Land Board shall have power to reject an application referred to in sub-section (1) at any time before the date of the notification under sub-section (9), if it is found that the institution is not a religious, charitable or educational institution of a public nature or on any other ground to be recorded in writing:

Provided that, before rejecting the application, the institution shall be given an opportunity of being heard.

(5) On receipt of a direction under sub-section (3), the Land Tribunal shall, subject to such rules as may be made by the Government in this behalf, by order in the prescribed form, determine ---

(a) the fair rent in respect of the holding under the provisions of this Act as amended by the Mahe Land Reforms (Amendment) Act, 1980;

(b) the annuity payable to the institution in respect of the holding;

(c) where the right, title and interest of the institution in respect of the holding form security for any encumbrance, the amount of the encumbrance and where there are more encumbrances than one, the order of priority of each of such encumbrances; and

(d) such other matters as may be prescribed.

(6) The annuity determined under sub-section (5) shall be paid, ---

(a) in the case of a holding included in notification under sub-section (9), from the date specified in that notification;

(b) in the case of a holding, the right, title and interest of the landowner and intermediaries in respect of which have been purchased by the cultivating tenant, from the date on which the right, title and interest of the institution in respect of its other holdings have vested in the Government under sub-section (9) or section 80, which ever is earlier.

(c) in the case of any other holding, from the date notified under section 80.

(7) The fair rent in respect of a holding determined under sub-section (5) shall, subject to the provisions of sections 112 and 113, be the fair rent for the purposes of sections 80A and 80E.

(8) As soon as may be after the determination of the annuity under sub-section (5), the Land Tribunal shall forward a statement in the prescribed form together with a copy of the order under that sub-section to the Land Board, and the Land Board shall have the power to return such statement to the Land Tribunal for the purpose of correcting patent mistakes or error apparent on the face of the record.

(9) As soon as may be after the determination of the annuity in respect of all holdings specified in the application under sub-section (1) of section 73 (other than holdings in respect of which certificates of purchase have been issued), the Government shall issue a notification in the Official Gazette declaring that the right, title and interest of the institution in respect of such holdings shall vest in the Government with effect from a date to be specified in the notification and all such right, title and interest shall accordingly vest in the Government free from all encumbrances.