75. [ Procedure on such application. [This section was substituted for the original section 75 by section 48 of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]
(1)On receiving such application, the Collector shall depute an officer by whom such division or appraisement or determination of rent shall be made and issue notice to the applicant and to the opposite party to appear before the said officer on the date and at the time and place specified in the notice together with a person who is a resident of the neighbourhood to serve as an assessor to assist in the division of the produce or appraisement or determination of the crop.(2)If the opposite party objects that the rent is not taken by division or appraisement or that no rent is payable, the officer deputed shall record the objection but shall proceed as hereinafter provided and transmit the objection when submitting his award to the Collector under sub-section (6).(3)If, on or before the date appointed in the notice issued under sub-section (1), the dispute has been adjusted, the officer shall not take any further proceedings under this section.(4)If either party fails to attend or to secure the attendance of an assessor as required by the notice referred to in sub-section (1), the officer deputed shall nominate an assessor on his behalf.(5)The officer deputed shall record, and in making the award shall have regard to, the opinions of the assessors but shall not be bound thereby.(6)In the case of a division of the produce, if the parties agree to the award, the division shall be made accordingly. If the parties do not agree to such division, and in all cases in which the rent is payable by appraisement of the standing crop, or where the value of a full crop has to be determined, the officer deputed shall make an estimate of the produce or crop and determine the rent payable. He shall then deliver his award after notice to the parties and submit it with a report of his proceedings to the Collector.(7)The parties shall be at liberty to file objections to the award within fifteen days after the day on which the award was delivered.(8)(a)The Collector shall hear such objections and the objections, if any, recorded under sub-section (2) and pass orders thereon after such further inquiry, if any, as may appear to him to be necessary.(b)If an objection is raised that the rent is not payable by division or appraisement, or that no rent is payable, and the Collector upholds the objection, he shall set aside the award.(c)If the objection is disallowed or if any other objection is raised or if no objection is raised, the Collector, except when the assessors agree with the officer deputed in which case the award shall, subject to the provisions of clause (e), be final, may confirm the award or may, after giving an opportunity to the parties to be heard, modify the award as he thinks fit.(d)The Collector's order for the payment of rent and costs, if any, shall be final unless an objection of the nature described in clause (b) has been raised and shall be enforceable as a decree for arrears of rent.(e)Where an objection of the nature described in clause (b) has been raised, the Collector's decision thereon shall be subject to an appeal to the District Court. Such appeal shall be presented within thirty days from the date of the Collector's decision.(9)In any proceedings under this section, the Collector may, by order, prohibit the removal of the produce until appraisement or division has been effected.]
