Chapter IV REGISTROTION OF TARWADS

1. (1) If within a year from the passing of this Act not less than two-thirds of the major members of a tarwad present a petition to the Collector of the district in which any property of the tarwad is situated in such form and with such particulars as may be prescribed he shall, after satisfying himself that not less than two-thirds of the major members of the tarwad consent and desire the registration of the tarwad as impartible, register the tarwad as impartible.
2. (2) On such registration the provisions of Chapter III shall not apply to such tarwad unless and until the registration is cancelled under section 21.
3. (3) During the pendency of a petition under sub-section
4. (1) of this section, all proceedings in court, if any, under Chapter III shall be stayed.

1. (1) If at any time after the registration of a tarwad as impartible, not less than two-thirds of the members of the tarwad present a petition to the Collector in such form and with such particulars as may be prescribed for the cancellation of such registration the Collector shall, after satisfying himself that not less than two-thirds of the major members of the tarwad consent and desire the cancellation of the registration, cancel such registration.
2. (2) On such cancellation the provisions of Chapter III shall apply to such tarwad.

The Collector shall, for the purposes of this chapter, have the same powers as are vested in a court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely :-

1. (a) enforcing of attendance of any person and examining him on oath or affirmation;
2. (b) compelling the production of documents ; and
3. (c) issuing commissions for the examination of witnesses ; and any proceeding before the Collector under this chapter shall be deemed to be a judicial proceeding.

The order of the Collector registering a tarwad as impartible under section 20 or cancelling such registration under section 21, shall be final and shall not be questioned in any civil court.

The Collector shall keep a register of all petitions presented to him under sections 20 and 21 and of all orders passed by him on such petitions and shall on payment of the prescribed fee, give a copy certified under his hand, of any entry therein.

The provisions of Chapters II and III shall apply to every tavazhi possessing separate properties as if it were a tarwad.

The State Government may make rules consistent with this Act to carry out the provisions thereof and these rules shall have effect as if enacted in this Act from the date of publication of the same in the Fort St. George Gazette.

Nothing contained in this Act shall be deemed to affect the provisions of the Mappilla Succession Act, 1918, or of the Mappilla Wills Act, 1928, or of any law or Custom or usage except to the extent expressly laid down in this Act.