State Act
Section 390
Art. 390 – Save in cases this Code prescribes a special procedure, all the petitions that are to be dealt by the administrator of the comunidades and decided by him shall be processed in the following manner:– §1. The initial application, with the order of the administrator thereon, shall be processed by the secretary of the administrative office, attaching the documents which accompanied it, indicating on front cover the number corresponding to the year, the name of the parties and of the comunidade and the nature of the claim. §2. The administrator shall order the issue of the notice to the opposite party, if any, to put up his defence, within ten days, allowing him to inspect the file and when there is attached a power of attorney to an advocate residing in the seat of the Taluka, judicial division and junior division. §3. The notice shall be served as per the Civil judicial law. §4. When the managing committee or the comunidade had to be heard , the secretary of the administration office shall issue an order in the file forwarding the same to the clerk of the comunidade, handing over personally, if he is present in the administration office, or else send it by registered post and the postage shall be paid by respective party. §5. The clerk of the comunidade, shall record a note acknowledging the receipt of the file and after submitting to the managing committee, shall hand it over to the president, against a receipt. §6. The president, after examining the papers as submitted to him, if he finds that the information of the clerk of comunidades is required, he shall ask for it, by order, to give the same in the file within ten days, transcribing there after any deliberations of the comunidade and the managing committee and other documents not recorded in there or documents recorded in the books in his custody, pertaining to the case in dispute or those that are relevant to the subject to be mentioned. §7. After the return of the file, with the information of the clerk of the comunidade or without the same, if not necessary, the president shall soon fix the date for the meeting of the managing committee or of the comunidade, and order to issue the necessary notices or advertisements. §8. During the meeting of the comunidade or of the managing committee, the president, explaining the matter and hearing on the same the attorney and there after counting the votes of the committee members or of other members present, shall direct the clerk of the comunidade to record the result of voting and prepare the reply which should be recorded in the respective book and copy of which shall be attached to the file. §9. In all the cases in which the comunidade is a party, its attorney shall be notified to constitute a lawyer or defend the case himself when there is no need of an advocate. §10. With the reply of the comunidade or of the committee , the clerk after recording the forwarding note, shall send the file to the administration office, and its secretary, and after recording the note of having received it, shall soon forward the file to the administrator, who shall record, within ten days, his decision on it by signing in full and publishing it in the Entry Book. §11. When application have been made to produce evidence or it is held necessary that witnesses be examined, the administrator shall direct to that effect and after hearing in writing over the result, within ten days shall pass the order. §12. The parties are not entitled to go though the proceedings when they fail to attach the document of the power of attorney to an advocate residing in the seat of the taluka, judicial division or junior division.