Land Reform

THE LAND REFORMS REGULATION 1972

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THE LAND REFORMS REGULATION 1972 [Punjab]

PART I-PRELIMINARY

1. Short title, extent and commencement.

2. Definitions

3. Regulation to override other laws etc.

PART II-CONSTITUTION AND POWERS OF LAND COMMISSIONS

4. Constitution of Land Commissions and their powers.

4-A.Constitution of Federal Land Commission etc.

5. Delegation of powers.

6. Power to make Rules

PART III-RESTRICTIONS ON OWNERSHIP AND POSSESSION OF LAND

7. Certain transfers void.

8. Limits on individual holdings.

9. Share in Shamilat

10. Acquisition of Land by Government Servants.

11. Choice and exchange of areas

PART IV-OBTAINING OF DECLARATIONS AND VESTING OF EXCESS LAND IN GOVERNMENT

12. Declarations

13. Vesting in Government of excess land

14. Resumption in case of exchange of land allotted in the border areas

15. Stud and live-stock farms

16. Shikargahs.

17. Religious, charitable and educational societies, institutions and trusts

PART V-UTILIZATION OF SURRENDERED AND RESUMED LAND

18. Grant of land to tenants

19. Utilisation of land under orchards, studs or live-stock farms.

20. Utilisation of land under resumed Shikargahs.

21. Utilisation of land resumed from religious, charitable and educational societies.

PART VI-IMPARTIBILITY AND RESTRICTIONS ON ALIENATION OF HOLDINGS

22. Restrictions on partition of joint holdings

23. Management of impartible joint holdings

24. Restrictions on alienation of holdings

PART VII-TENANTS

25. Rights of tenants

PART VIII-MISCELLANEOUS

26. Bar of jurisdiction

27. Indemnity

28. Grantees of land under the repealed Regulation not to pay installments

PART IX-REVISION, PUNISHMENT AND PROCEDURE

29. Revisional powers of the Federal Government

30. Offences and penalties

31. Cognizance of offences

32. Repeal and saving

[1]THE LAND REFORMS REGULATION, 1972

Regulation No.115

Whereas Islam enjoins equitable distribution of wealth and economic powers and abhors their concentration in a few hands;

And whereas it is in the supreme national interest to improve the economic well-being of the peasantry, by making agriculture a profitable vocation;

Now, therefore, the Chief Martial Law Administrator is pleased to make the following Regulation.

PART I–PRELIMINARY

1. Short title, extent and commencement.– (1) This Regulation may be called the Land Reforms Regulation, 1972.

(2) It extends to the provinces of Baluchistan, the North-West Frontier, Punjab, Sind and the Islamabad capital territory, but shall not apply to the centrally administered tribal areas.

(3) It shall come into force at once.

2. Definitions.– In this Regulation, unless there is anything repugnant in the subject or context,–

(1) ‘Commission’ means a Land Commission constituted under Paragraph 4.

(2) ‘Economic holding’ means,–

(a) Except for the purposes of paragraphs 22 and 24,–

(i) in the Provinces of Sind and Baluchistan an area, whether or not within one estate or mauza or deh, sixty-four acres of land,

(ii) elsewhere, an area, whether or not within one estate or mauza or deh, two squares or two rectangles or fifty acres, whichever is more; and

(b) For the purposes of paragraphs 22 and 24, an area specified in sub-clause (A) comprised within one estate or mauza or deh.

(3) “Government” means in relation to the Islamabad capital territory, the Central Government, and in relation to a province, the Government of that province;

(4) “Land” means land which is not occupied as the site of a town, village, factory or industrial establishment, and is occupied or has been or can be let for agricultural purposes or for purposes allied or subservient to agriculture, and includes the sites of buildings and other structures on such land;

(5) “Orchard” means land under fruit trees planted to a density of twenty-five trees or more per acre grown and maintained by human effort;

(6) “Owner” includes a person deemed to be an owner under sub-section (4) of section 184 of the West Pakistan Land Revenue Act, 1967 (W.P. Act XVII of 1967);

(7) “Person” includes a religious, educational or charitable institution, every trust, whether public or private, a Hindu undivided family, a company or association or body of individuals, and a co–operative or other society, but does not include a local authority, a university established by law, a body incorporated by a central or provincial law, [2][a co-operative farming society registered under the Co-operative Farming Ordinance, 1976 (XXII of 1976), or a livestock farm or an educational institution exempted by the Government] from the operation of this Regulation;

(8) “Prescribed” means prescribed by rules made under this Regulation;

(9) “President” means the President of Pakistan;

(10) “Produce Index Unit” means the measure in terms of which the comparative productivity of an area of land of a particular kind in a particular assessment circle or area is computed and expressed for the purposes of the schemes relating to the resettlement of displaced persons on land, or was determined under the provisions of sub-paragraph (10) of paragraph 2 of the Repealed Regulation. And, in respect of an assessment circle or area where no such unit was determined, such measure as may be determined by the Commission for the province within which such assessment circle or area is situated;

(11) “Repealed Regulation” means the West Pakistan Land Reforms Regulation (Regulation 64 of 1959); [3][* * *]

(12) “Subsistence holding” means an area of thirty-two acres of land in the Province of Baluchistan, sixteen acres of land in the Province of Sind and half a square or half a rectangle or twelve and half acres of land, whichever is more, elsewhere:

Provided that for the purposes of paragraphs 22 and 24, a “subsistence holding” shall mean such holding comprising an area or areas within one estate or “Mauza” or “Deh” [4][; and]

[5][(13) “tenant’ means a person who holds land under another person, and is, or, but for a special contact, would be, liable to pay rent for that land to that other person and includes the predecessors and successors-in-interest of such person, but does not include–

(a) a mortgagee of the rights of a land-owner; or

(b) a person holding any land under the Federal Government or a Provincial Government, or under any statutory authority or corporation set up by any such Government as may be notified by it in this behalf; or

(c) a person to whom a holding has been transferred, or an estate or holding has been let in farm, for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear; or

(d) a lessee, whether cultivating the land himself or through another person.]

3. Regulation to override other laws etc.– The provisions of this Regulation, and any rule or order made thereunder, shall have effect notwithstanding anything to the contrary in any other law, or in any order or decree of a Court or tribunal or other authority, or in any rule or custom or usage, or in any contract, instrument, deed or other document.

PART II–CONSTITUTION AND POWERS OF LAND COMMISSIONS

4. Constitution of Land Commissions and their powers.– (1) For carrying out the purposes of this Regulation, there shall be constituted for each Province a Commission to be known as the Land Commission of the Province concerned, consisting of the Governor of that Province, who shall be its Chairman, and not more than three members, to be appointed by the [6][Chief Minister.]

(2) The Commission for the Province of the Punjab shall also be the Commission for the Islamabad capital territory.

(3) A Commission of a Province shall have all the powers necessary for the implementation of this Regulation within the Province.

(4) A Commission may nominate one of its members to be the Chief Land Commissioner, who shall, subject to such directions as may from time to time be given by the Commission, be responsible for the implementation of this Regulation.

(5) Each Commission may set up organizations and appoint officers, authorities and persons, and confer powers on, and assign duties to them.

(6) Where any dispute arises in carrying into effect the provisions of this Regulation, it shall be referred to the Commission for the province within which such dispute arises, and the decision of the Commission thereon shall be final.

(7) Where any dispute or difference arises between two or more Commissions with respect to any provision of, or any matter connected with this regulation, it shall be referred to the [7][Federal Government] whose decision thereon shall be final.

(8) Where any matter is not provided for in this Regulation, or any difficulty arises in giving effect to the purposes of this Regulation, a Commission may, with the approval or on the direction of, the [8][Federal Government] make such provisions in respect thereof as it thinks fit, or as may be directed by the [9][Federal Government] and such order shall be deemed to form a part of this Regulation and have effect accordingly.

[10][4-A. Constitution of Federal Land Commission etc.– (1) For the purposes of this Regulation, there shall be constituted a Commission to be known as the Federal Land Commission, consisting of a Federal Minister nominated by the Federal Government, who shall be its Chairman, and not more than three members to be appointed by the Federal Government.

(2) The Federal Land Commission shall exercise and perform all such powers and functions as may be necessary for the implementation of this Regulation throughout the areas to which it extends and shall, in particular,–

(i) assist the Federal Government in deciding any dispute or difference referred to in sub-paragraph (7) of paragraph 4 and in giving any approval or direction under sub-paragraph (8) of that paragraph;

(ii) assist the Federal Government in the exercise of its revision powers under paragraph 29;

(iii) co-ordinate the work of the different Commissions to ensure that a uniform policy is followed in all the Provinces in implementing the provisions of this Regulation; and

(iv) lay down general guidelines to be observed by the Commissions in carrying out their duties and functions under this Regulation and issue from time to time such instructions as may be considered necessary.

(3) The Federal Land Commission may make rules to regulate its procedure and appoint its own officers and servants and confer powers upon, and assign duties, to them.

(4) The Federal Land Commission may direct that the powers exercisable by it under this paragraph may, subject to such conditions, if any as may be specified by it, be exercised also by any of its members or officers empowered by it in this behalf.]

5. Delegation of powers.– A Commissions may, by notification in the official Gazette, direct that the powers exercisable by it under this Regulation may, subject to such conditions, including provisions as to appeal, revision or review, if any, as may be specified in the notification, be exercised also by any of its members or officers or authorities subordinate to it:

Provided that a Commission shall not delegate its powers under sub–paragraph (2) of paragraph 7 to an officer below the rank of a Commissioner of a Division.

6. Power to make Rules.– A Commission may make rules for carrying out the purposes of this Regulation, including rules on matters relating to or connected with the presentation, hearing and determination of appeals from, and applications for the revision and review of, orders made under this Regulation.

PART III–RESTRICTIONS ON OWNERSHIP AND POSSESSION OF LAND

7. Certain transfers void.– (1) Save as otherwise provided in this Regulation–

(a) The transfer of any land, and the creation of any right or interest in or encumbrance on any land, made in any manner whatsoever in respect of any area, on or after the twentieth day of December 1971, by any person holding immediately before that date an area of more than one hundred and fifty acres of irrigated land or three hundred acres of unirrigated land or an area equivalent to fifteen thousand units (calculated on the basis of classification of soil as entered in the revenue records for kharif 1969 and rabi 1969-1970), whichever shall be greater, shall be and shall be deemed always to have been void, and the land so transferred or encumbered shall be deemed to have been owned or possessed, as the case may be, by the person by whom it was owned or possessed immediately before that date:

Provided that in the case of a person to whom the provisions of sub-paragraph (2) of paragraph 8 apply, no such transfer or creation of any right or interest or encumbrance shall be void unless he was holding on the said date an area more than eighteen thousand produce index units.

(b) save in case where the Commission is satisfied that it was a bona fide transaction, the transfer of any land and the creation of any right or interest in or encumbrance on any land, made in any manner whatsoever, by any person holding on first March 1967, an area equivalent to more than fifteen thousand produce index units (calculated on the basis of classification of soil as entered in the revenue records for kharif 1966 and rabi 1966–67), shall be and shall be deemed always to have been void, and the land so transferred or the land on which the right, interest or encumbrance was so created shall be, and shall be deemed always to have been, owned or possessed, as the case may be, by the person by whom it was owned or possessed immediately before that date:

[11][Provided that any transfer of land or creation of any right or interest in or encumbrance on any land by way of gift by a person to whom this clause applies shall, subject to the next succeeding proviso in no case be held by the Commission to be a bona fide transaction:

Provided further that nothing in this clause shall apply to–

(i) any transfer of land or creation of any right or interest in or encumbrance on any land, by way of gift or otherwise, made by a person in favour of his heirs; or

(ii) any transfer of land or right or interest therein by way of gift, made by a person in favour of his widowed or unmarried sister, who has not received her due share of inheritance of ancestral land; or

(iii) any transaction whereby any land was alienated in exchange for an area of land equivalent to the same or substantially same produce index units as the land alienated;]

Explanation I.– For the purposes of this sub-paragraph and paragraph 10, an heir shall mean the owner’s wife or wives, sons, daughters, father, mother and sons and daughters of a deceased son or daughter.

[12][ Explanation II.– * * * * * * *]

Explanation III.– In determining whether a transaction referred to in clause (b) of paragraph (1) was bona fide or otherwise, the Commission shall, among other matters, take into consideration the following factors:–

(i) Whether adequate consideration has been paid by or on behalf of the person in whose favour the transfer has been made or any right, interest or encumbrance has been created;

(ii) under whose management the land has remained which is claimed to have been transferred or in respect of which any right, interest or encumbrance has been created;

(iii) who has been paying the land revenue and other charges in respect of such land;

(iv) who has been receiving the rent for or Batai share from such land.

(2) If any question arises whether any transfer or other transaction is or is not void under sub–paragraph (1), the decision of the Commission thereon shall, subject to the provisions of paragraph 29, be final.

(3) Nothing in sub–paragraph (1) shall apply to any transfer of land or the creation of any interest or right or encumbrance on any land made by a person who held on twentieth December 1971, land in excess of the permissible limits under paragraph 8, after he has surrendered to Government, in accordance with the provisions of this Regulation, the land in excess of such limits.

8. Limits on individual holdings.– (1) Save as otherwise provided in this Regulation, no person shall, at any time, own or in any capacity possess land in excess of one hundred and fifty acres of irrigated land or three hundred acres of unirrigated land, or irrigated and unirrigated land the aggregate area of which exceeds one hundred and fifty acres of irrigated land (one acre of irrigated land being reckoned as equivalent to two acres of unirrigated land), or an area equivalent to fifteen thousand produce index units of land, whichever shall be greater.

(2) Notwithstanding the provisions of sub–paragraph (1), an owner may retain, out of the area of land he was holding immediately before the commencement of this Regulation, such additional area, if any, which would bring the total area retained by him to the equivalent of eighteen thousand produce index units, if on the twentieth of December 1971.–

(i) he owned an agricultural tractor, certified to be in good working order by an officer authorized by the Commission in this behalf; or

(ii) there was installed on his land a tube–well, of not, less than ten horse–power.

[13][(3) Any person, who, at any time before the commencement of this Regulation but not earlier than the twenty–fifth day of December 1971, became the owner of an agricultural tractor certified as provided in clause (i) of sub–paragraph (2) or had installed on his land a tubewell of not less than ten horse–power, or at any time after the commencement of this Regulation becomes the owner of such a tractor or installs on his land such a tubewell, shall, notwithstanding, the provisions of sub–paragraph (1), be entitled, after becoming the owner of such tractor or having installed such a tubewell, to acquire, possess or own such additional area as would bring the total area possessed of owned by him to the equivalent of fourteen thousand produce index units:

Provided that a person who on the twentieth day of December, 1971 was in possession of an area of land equivalent to more than twelve thousand additional area of land under this sub–paragraph until he has surrended to Government land in excess of area equivalent to twelve thousand produce index units.]

9. Share in Shamilat.– (1) A person owning or possessing or possessing a share in shamilat shall not be entitled to own or possess any such share if, after surrender of any land under this Regulation, he owns or possesses outside that shamilat, the maximum permissible area of land under paragraph 8.

(2) In case the area owned or possessed by such person, outside the shamilat, after surrender of any land under this Regulation, is less than the maximum area of land that can be owned or possessed under paragraph 8, he shall be entitled to so much share in the shamilat as, together with the other area owned or possessed by him, does not exceed such maximum area.

10. Acquisition of Land by Government servants.– (1) No person who is or has been in the [14][Civil Service] of Pakistan and has at any time between January 1, 1959, and two years of his ceasing to be in [15][Civil Service], acquired any land or any right or interest therein, by any means whatever, either in his own name or in the name of any of his heirs or any other person, shall own or possess any land exceeding 100 acres:

Provided that, subject to the other provisions of this Regulation, any such person may, in addition to 100 acres of land, own or possess any land which has devolved on him by inheritance or any other land, not exceeding the area of the land so inherited, which has been acquired by him, in lieu of the land so inherited, whether by exchange or sale, either in his own name or in the name of any other person.

[16][Explanation.– For the purposes of this sub-paragraph and clause (d) of sub-paragraph (1) of paragraph 12, “civil service of Pakistan” means any civil service, post or office in connection with the affairs of the Federation or a Province, and includes a service as a Judge of the Supreme Court or a High Court Comptroller and Auditor-General, Chief Election Commissioner and Chairman or Member of the Federal or a Provincial Public Service Commission, but does not include service, as President, Governor, Minister of State, or as a Speaker, Deputy Speaker or other Member of the National or a Provincial Assembly.]

(2) Where any person [17][to whom the provisions of sub-paragraph (1) apply] has, within the period specified therein, transferred in favour of any of his heirs or has acquired in the name of any of them any land, and such land continues to be owned or possessed by his heirs, he shall for the purposes of that sub–paragraph be deemed to be the owner of such land.

(3) Nothing in this paragraph shall apply to a person who is serving or has retired as member of [18][the Military, Naval, or Air Forces] of Pakistan.

11. Choice and exchange of areas.– (1) If a person owns or possesses an area of land exceeding the area permitted under this part, he shall select out of his holding the area which he is entitled to retain, and, in doing so, shall, as far as possible, select compact blocks of not less than the size of an economic holding.

(2) If a person owns or possesses an area of land exceeding the area permitted under this part, he may be allowed to interchange the whole or any part of such area with an area owned or possessed by any member of his family, for the purposes of consolidation on the basis of equality of the produce–index value of the area proposed to be interchanged.

[19][Explanation.– For the purpose of this sub–paragraph, ‘family mean husband, wife, parents, children, brothers and sisters.]

PART IV–OBTAINING OF DECLARATIONS AND VESTING OF EXCESS LAND IN GOVERNMENT

12. Declarations.– (1) A Commission may, by order published in the official Gazette, direct the following classes of persons to submit to such authority, in such manner and form and by such date, as may be specified in the order, the following declarations:–

(a) Declarations by persons who on March 1, 1967, owned or possessed land in excess of an area equivalent to 15,000 produce–index units calculated on the basis of classification of soil as entered in the revenue records for kharif, 1966, and rabi, 1966–67.

(b) Declarations by persons who on December 20, 1971, owned or possessed an area in excess of 15,000 produce–index units calculated on the basis of classification of soil as entered in the revenue records for kharif, 1969, and rabi, 1969–70, or irrigated land in excess of 150 acres, whichever shall be greater.

(c) Declarations by persons who have been granted land under the West Pakistan Border Area Regulation, 1959 (Regulation 9 of Zone ‘B’) and have exchanged the whole or any part of such land with any other land.

(d) Declarations by persons in the [20][Civil Service] of Pakistan and other persons to whom the provisions of Paragraph 10 apply, who own or possess land in excess of the permissible limits laid down in the said paragraph.

(e) Declarations by persons who were allowed to retain or were granted lease of any stud or live–stock farms under the repealed Regulation.

[21][(ee) Declarations by persons who, at any time after the commencement of this Regulation, have come, or come, to own or possess land in excess of the area permissible for retention under Part III;]

(f) Such other declarations as may be required by the Commission.

(2) Where a person who is required to make a declaration under this paragraph owns or possesses land in more than one Province, he shall make the declaration to the Commission for the Province where he permanently resides, and the said Commission shall have the authority to call for any information concerning the said declaration from any other Province where the declarant owns or possesses land, and to pass orders thereon.

13. Vesting in Government of excess land.– (1) Land in excess of the area permissible for retention under Part III shall vest absolutely in Government free from any encumbrance or charge and without payment of any compensation.

(2) Any encumbrance or charge existing on land surrendered by a person, which vests in Government under sub–paragraph (1) shall be deemed to have been transferred to the land retained by such person under Part III.

[22][(3) Where any person is in possession of, or is holding, land in excess of the area permissible for retention under Part III so much of such excess land as is in his possession as a lessee or mortgagee or is held by him as the landlord of an occupance or a Muqarraridar or as an Ala Malik shall not vest in Government but shall, subject to the other provisions of this Regulation, revert to the lessor or mortgagor, occupancy tenant, Muqarraridar or Adna Malik as the case may be, and shall be deemed to hare so reverted at the commencement of this regulation.]

14. Resumption in case of exchange of land allotted in the border areas.– Where any person to whom any land has been granted under the West Pakistan Border Area Regulation, 1959 (Regulation 9 of Zone B), has exchanged the said land with any other land outside the “border area” as defined in the said Regulation, the land so obtained in exchange by such person shall vest absolutely in Government free from any encumbrance or charge, and without payment of any compensation.

15. Stud and live–stock farms .– (1) All areas under stud or livestock farms, whether state land or otherwise, allowed to be retained under the provisions of paragraph 9 of the Repealed Regulation shall [23][, whether or not the areas are held by the persons who held them at the commencement of that Regulation or by those to whom leases were granted thereunder or any other law] be resumed and vest in Government free from any encumbrance or charge whatsoever:

Provided that where any compensation in respect of any such farm has already been calculated and sanctioned under the provisions of paragraph 17 of the Repealed Regulation, the said compensation shall be payable to the owners of the said farms.

16. Shikargahs.– All areas under shikargahs in the possession or under the management of any person shall be resumed and vest in Government free from any encumbrance or charge whatsoever, and without payment of any compensation.

17. Religious, charitable and educational societies, institutions and trusts.– The provisions of paragraph 8 shall apply to every religious, charitable or educational society or institution and to every trust or wakf, whether public or private:

Provided that nothing in this part shall apply to: (I) Universities established by law: (II) Educational institutions exempted by Government from the operation of this Regulation.

PART V–UTILIZATION OF SURRENDERED AND RESUMED LAND

18. Grant of land to tenants.– (1) Land which vests in Government under the provisions of paragraph 13 or paragraph 15 shall, subject to the other provisions of this paragraph, be granted free of charge to the tenants who are shown in the revenue records to be in cultivating possession of it in [24][Kharif 1971 and Rabi 1971-72] [25][or, in the case of land vesting in Government on the basis of a declaration made pursuant to clause (ee) of sub-paragraph (i) of paragraph 12, to the tenant who is shown in the Revenue Records to be in cultivating possession of it in the year immediately preceding such declaration] [26][:]

[27][Provided that no land shall be granted to tenants who, but for the making of this Regulation, would have been entitled to inherit land from any of the persons from whom land has been resumed under this Regulation.]

(2) Where a tenant who is entitled to the grant of land under sub–paragraph (1) already owns any land, he shall be granted only so much land under the said sub–paragraph which together with the land already owned by him equals an area of a subsistence holding.

(3) Where any land is not shown in the revenue records to be in cultivating possession of any tenant, during [28] [Kharif 1971 and Rabi 1971–72], it shall be granted to such tenant or other persons owning less than a subsistence holding, and on such terms and conditions, as the Government may determine[29][.]

[30][Provided that Government may utilize any such land for such public purpose as it may deem fit.]

(4) Nothing in this paragraph shall apply to orchards [31][or to any state land, granted on installments where any installment in respect of such land remains unpaid.]

19. Utilisation of land under orchards, studs or live–stock farms.– Land under orchards, studs or live–stock farms which is resumed and vests in Government under the provisions of paragraph 15 may be utilized by Government in such manner as it deems fit:

Provided that if in the public interest Government decides to lease out any such land, the person from whom it was resumed shall have the right of first option to the grant of lease [32][of the land resumed from him or of such portion thereof as the Government may determine] [33][of the whole or such part of, or area from, such land, as government amy deem fit] [34][:]

[35][Provided further that if, in the opinion of Government, the performance of such person before the resumption of such land was not satisfactory, the Government may not grant lease of such land or any portion thereof to such person and may lease it out to any other person; and the decision of the Government in this behalf should be final.

Bar of jurisdiction.– A decision of the Government under second proviso to paragraph 19 of the Land Reforms Regulation, 1972, as amended by this Order, shall not be called in question before any court, including the Supreme Court and a High Court, on any ground whatsoever.]

20. Utilisation of land under resumed Shikargahs.– Land under shikargahs resumed under paragraph 16 shall be utilized in such manner as the Government may determine.

21. Utilisation of land resumed from religious, charitable and educational societies.– Land resumed under the provisions of paragraph 17 shall be utilized in such manner as may be prescribed:

Provided that if in the public interest Government decides to lease out any such land, the person from whom it is resumed shall have the right of first option to the grant of the lease [36][of the Land resumed from him or of such portion thereof as the Government may determine] [37][of the whole or such part of, or area from, such land, as Government may deem fit] of the land resumed from him or of such portion thereof as the Government may determine.

PART VI–IMPARTIBILITY AND RESTRICTIONS ON ALIENATION OF HOLDINGS

22. Restrictions on partition of joint holdings.– (1) [38][A joint holding with an area equal to or less than that of a subsistence holding shall not be partitioned except where the joint-holders own, individually or jointly, other land in the same deh or village, and the partition has the effect of every such holder owning, whether individually or jointly, a holding with an area not less than that of a subsistence holding.]

(2) A joint holding larger than a subsistence holding but smaller than an economic holding shall not be partitioned, if partition has the effect of dividing the holding into such parts that any one part added to the area already owned or possessed by the individual co–sharer to whom that part would go becomes less than the area of a subsistence holding.

[39][(3) A joint holding with an area equal to that of an economic holding shall not be partitioned, except where the joint-holders own other land in the same deh or village, and the partition has the effect of such holder owning, whether individually or jointly, a holding with an area not less than that of an economic holding.]

(4) A joint holding with an area greater than that of an economic holding shall not be partitioned in such a way as to leave no individual holding taken together with the area which the owner may already possess equal to an economic holding, or to leave the individual holding of any one of the joint owners less than the area of a subsistence holding.

(5) Partition of land in contravention of this provisions of this paragraph shall be void.

[40][(6) Nothing in this paragraph shall apply to–

(a) holdings which are jointly owned by evacuees and non–evacuees and are required to be partitioned in accordance with the procedure prescribed under any Rehabilitation or Settlement Scheme;

(b) holdings which are jointly owned by owners of land and occupancy tenants or Muqarraridars required to be partitioned in accordance with the procedure prescribed by or under any law for the time being in force;

(c) small strips of land bona fide required for the purpose of building thereon;

(d) joint Khatas when the entire area of a village or deh is redistributed among various land owners as a result of consolidation of holdings; or

(e) a joint holding required to be partitioned for the purpose of separating the land resumed by Government under any of the Land Reforms Laws from the land not so resumed.]

23. Management of impartible joint holdings.– (1) A joint holding the partition of which is not permissible under paragraph 22 shall continue to be managed as a single unit.

(2) In the event of a dispute regarding the management of any such joint holding as aforesaid,–

(a) the co–sharers may select one of themselves by drawing of lots or otherwise, who will manage, on their behalf, the holding, and from whom they will receive their shares of the income; or

(b) if the co–sharers cannot so select, they may request the collector of the district in which such holding is situate to nominate one of the co–sharers to manage as aforesaid.

(3) If in the opinion of the Commission, no arrangement for joint management between the co–sharers is possible, the Commission may acquire the holding on payment of such compensation as may be determined in the prescribed manner.

Explanation.– If a co–sharer is for the time begin a minor or lunatic, his guardian shall be treated as a co–sharer for the purpose of this paragraph.

24. Restrictions on alienation of holdings.– (1) No person owning more than the area of an economic holding shall be allowed to alienate by sale, mortgage, gift or otherwise any portion of his holding which may reduce the size of his holding to an area below the limit of an economic holding:

Provided that such a person may alienate his entire holding.

(2) No person owning an economic holding should be allowed to alienate by sale, mortgage gift or otherwise any portion of his holding:

Provided that such a person may alienate his entire holding.

(3) No person owning more than the area of a subsistence holding but less than an economic holding shall be allowed to alienate by sale, mortgage, gift or otherwise any portion of his holding which may reduce the size of this holding to an area less than the area of subsistence holding:

Provided that such a person may alienate his entire holding.

(4) No person owning an area equal to or less than a subsistence holding shall be allowed to alienate by sale, mortgage, gift or otherwise any part of his holding:

[41][Provided that he may alienate the entire holding or, in the case of a holding which is less than a subsistence holding, he may alienate any part of his holding by way of gift to any of his presumptive heirs or exchange with, or mortgage or otherwise alienate to, other owners or landless tenants of the same village, Deh or Mauza.]

(5) Any alienation made in contravention of the provision of this paragraph shall be void [42][to the extent by which the economic holding or, as the case may be, subsistence holding is reduced.]

[43][(6) Nothing in this paragraph shall apply to–

(a) land, whether cultivable or otherwise, which is bona fide required for the purpose of building thereon and any tenant in possession of such land who refuses to quit after notice, may be evicted under the orders of the Deputy Commissioner;

(b) mortgage of land, without possession, in favour of Government or an institution owned, managed controlled by Government;

(c) the holder of a pre-emption decree in respect of an area less than a subsistence holding;

(d) any land, or part of any land situated within the jurisdiction of a Municipality, a Cantonment Board or an Improvement Trust and included in a House Building Scheme prepared or approved by such body; or

(e) the alienation of land in the Distrits of Attock, Rawalpindi and Jhelum in favour of a person certified by the Deputy Commissioner concerned to have been displaced from Hazara District or Mardan District in consequence of the construction of Tarbela Dam.]

PART VII–TENANTS

25. Rights of tenants.– (1) [44][Subject to the other provisions of this Regulation], a tenant shall not be ejected from his tenancy unless it is established in a revenue Court that he has –

(a) failed to pay the rent in accordance with the terms of his tenancy; or

(b) used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it; or

(c) failed to cultivate or arrange for the cultivation of the land comprised in the tenancy in accordance with the terms thereof, or if there are no express terms in this behalf, in accordance with the customary manner of cultivation in the locality; or

(d) sub–let his tenancy.

(2) The crop grown at any time during Rabi 1971–72 on any land comprised in a tenancy shall, on its maturing, be apportioned between the tenant and the landlord in accordance with the law for the time being in force.

(3) As from Kharif 1972.–

(a) Land revenue and other taxes, cesses, surcharge and levies on land shall be payable by the owner;

(b) The liability for payment of water–rate, and providing seed for any land shall be that of the owner or other person in possession thereof, other than the tenant;

(c) The cost of fertilizers and pesticides required for the land comprised in a tenancy shall be shared equally between the owner and the tenant;

(d) Subject to the other provisions of this Regulation, a tenant have the first right of pre–emption in respect of the land comprised in his tenancy.

(4) No owner or person in possession of any land shall levy any cess on or take any free labour from any of his tenants.

[45][(5) All suits for enforcing the right of pre-emption in respect of land comprised in a tenancy shall be exclusively entertained, heard and decided by the Collector within whose jurisdiction the land in respect of which the right of pre-emption has been claimed is situated and all such suits which may be pending in any Court immediately before the commencement of the Land Reforms (Amendment) Ordinance, 1976, shall, on such commencement, stand transferred to the Collector concerned.]

(6) Any person aggrieved by an order passed by a Collector under the preceding sub–paragraph may, within thirty days of such order, prefer an appeal to Commissioner.

(7) The Board of Revenue may at any time of its own motion or otherwise call for the record of any case or proceedings under this paragraph which is pending or in which a Collector or Commissioner has passed an order, for the purpose of satisfying itself as to the correctness, legality or propriety of such proceedings or order, and may pass such order in relation thereto as it thinks fit:

Provided that no order shall be passed under this sub–paragraph revising or modifying an order affecting any person unless such person has been afforded an opportunity of being heard:

Provided further that the record of any case or proceedings in which a Collector or Commissioner has passed an order shall not be called for under this sub–paragraph on the application of any aggrieved person made after the expiration of thirty days from the date of such order.

(8) For the purposes of this paragraph a Collector, a Commissioner and the Board of Revenue shall be deemed to be a Civil Court and shall have all powers of a Civil Court under any law for the time being in force and the final order passed in such suits shall be deemed to be a decree of a Civil Court and shall be executed as such.

(9) In computing the limitation provided for in sub–paragraph (6) or sub–paragraph (7), the provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908) shall apply.

Explanation.– In this paragraph, “Collector”, “Commissioner” and “Board of Revenue” have the meaning assigned to them in the Punjab Land Revenue Act, 1967 (W.P. Act XVII of 1967).]

PART VIII–MISCELLANEOUS

26. Bar of jurisdiction.– (1) No provision of this Regulation or of any rules or orders made thereunder shall be called in question in any Court, including the High Court and the Supreme Court, or before any authority other than an authority appointed under this Regulation, and no such Court or authority shall have jurisdiction in respect of any matter which the Commission is empowered to determine.

(2) No such Court or authority as aforesaid shall be competent to grant any injunction or other order in relation to any proceeding before the Commission or before any officer exercising any power or discharging any function under this Regulation or the rules or orders made thereunder, or in relation to anything done or intended to be done by or at the instance of the Commission or such officer.

27. Indemnity.– No suit or other legal proceedings shall lie against Government or against any person in respect of anything which is in good faith done or intended to be done under this Regulation.

28. Grantees of land under the repealed Regulation not to pay installments.– A grantee of land under the Repealed Regulation shall be discharged from all liability in respect of any installments payable by him under paragraph 19 of the said Regulation.

[46][Explanation.– For the purposes of this paragraph, “grantee of land” means–

(a) a tenant, or a resident of the Baluch area of Dera Ghazi Khan district referred to in the Pakistan (Punjab Boundary) Order, 1950 (G.G.O. No.2 of 1950), to whom land was granted under the Sale Scheme prescribed under the repealed Regulation; or

(b) a tenant or small land–owner of the village concerned to whom land was granted under the Upgrading Scheme prescribed under the repealed Regulation.]

PART IX–REVISION, PUNISHMENT AND PROCEDURE

[47][29. Revisional powers of the Federal Government.– The Federal Government, or any person authorized by it in that behalf, may at any time, of its or his own motion or otherwise, call for the record of any case or proceedings under this Regulation which is pending or in which a Commission or any other authority appointed under this Regulation, other than the Federal Land Commission constituted under paragraph 4–A, has passed an order, for the purpose of satisfying itself or himself about the correctness, legality or propriety of such an order, and may pass such order in relation thereto as the Federal Government or, as the case may be, such person thinks fit:

Provided that the Federal Government may, from time to time, specify the cases or class of cases in which it desires to pass final orders:

Provided further that no order shall be passed under this paragraph revising or modifying an order affecting any person unless such person has been afforded an opportunity of being heard:

Provided further that the record of any case or proceedings in which a Commission or other authority has passed an order shall not be called for under this paragraph by the Federal Government or the person authorized by it–

(a) of its or his own motion, after the [48][31st day of March, 1976] or

(b) on the application of any aggrieved person made after the expiration of sixty days from the date of such order or from the enactment of the Land Reforms (Amendment) Act, 1973, whichever is later, excluding the time requisite for obtaining a copy of such order.]

30. Offences and penalties.– Whoever contravenes or fails to comply with any of the provisions of this Regulation or the rules or orders made thereunder or fails to make any declaration or furnish any information required by such provisions or willfully furnishes incomplete or false declaration or information, or tampers with any record relevant to the purposes of such provisions, or obstructs any person in the discharge of his duties or functions under such provisions shall be punished with rigorous imprisonment which may extend to seven years, and where a person has been convicted under this paragraph of willfully making or furnishing a false declaration, the Court convicting him may order that all or any immovable property of such person be forfeited to Government.

31. Cognizance of offences.– No Court shall take cognizance of an offence under this Regulation except on a complaint in writing made by order of, or under authority from, the Commission.

32. Repeal and saving.– (1) The West Pakistan Land Reforms Regulation (Regulation 64 of 1959), hereinafter referred to as the said Regulation, is hereby repealed.

(2) Subject to the other provisions of this Regulation, the repeal of the said Regulation shall not affect–

(a) The previous operation of the said Regulation or the validity, invalidity, effect or consequences of anything already done or suffered thereunder;

(b) Any right, title, privilege, obligation or liability, acquired, accrued or incurred thereunder; or

(c) Any penalty, forfeiture or punishment incurred in respect of any offence under the said Regulation; or

(d) Any investigation, legal proceedings or remedy in respect of any such right, title, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceedings, or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment, may be imposed as if this Regulation had not been made.

(3) Any proceedings pending before an authority constituted or appointed under the said Regulation, immediately before the coming into force of this Regulation, shall stand transferred to such authority constituted or appointed under this Regulation as the Commission may, by order publish in the official Gazette, specify in this behalf, and the authority to which such proceedings are transferred shall, in such proceedings, act in accordance with the provisions of the said Regulation, as if it had been appointed under the said Regulation.

[49][(4) Land vesting in Government under the repealed Regulation and not granted to any person before the repeal thereof shall be disposed of or utilized by Government as far as may be in accordance with the provisions of Part V.]

Footnotes:

[1]This regulation was issued by the Chief Martial Law Administrator on 11 March 1972, and was published in the Gazette of Pakistan (Extraordinary), Pages 291-300.

[2]Substituted by the Land Reforms (Amendment) Act 1976 (Federal Act XLVIII of 1976).

[3]The word “and” deleted by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982).

[4]Substituted ibid for the full-stop.

[5]Added ibid.

[6]Substituted for the word “Governor” by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).

[7]Substituted for the word “President” by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[8]Ibid.

[9]Ibid.

[10]Added ibid.

[11]Substituted by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[12]Deleted ibid.

[13]Added by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[14]Substituted for the word “Service” by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[15]Ibid for the word “Service”

[16]Added by the Land Reforms (Punjab Amendment) Act 1973 ( XI of 1973.

[17]Substituted ibid for the words “as is referred to in sub-paragraph (1)”.

[18]Substituted for the words “any of the Defence Services” by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[19]Substituted by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[20]Substituted for the word “Service” by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[21]Added by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).

[22]Added by the land Reforms (Amendment) Act 1976 (Federal Act XLVIII of 1976).

[23]Inserted by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).

[24]Substituted by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).

[25]Added ibid.

[26]Substituted ibid.

[27]Added ibid.

[28]Substituted ibid.

[29]Substituted ibid for full-stop.

[30]Added ibid.

[31]Inserted by the Land Reforms (Punjab Amendment)Act 1973 (XI of 1973).

[32]Inserted by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[33]Added by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[34]Substituted for the full-stop by the Land Reforms (Amendment) Order 1984 (P.O.6 of 1984).

[35]Added by the Land Reforms (Amendment) Order 1984 (P.O.6 of 1984).

[36]Inserted by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[37]Added by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[38]Substituted by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[39]Substituted ibid.

[40]Substituted by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982).

[41]Substituted by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982).

[42]Inserted ibid.

[43]Substituted ibid.

[44]Substituted for the letter ‘A’ by the Land Reforms (Amendment) Act 1976 (Federal Act XLVIII of 1976).

[45]Added by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982).

[46]Added by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[47]Substituted by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[48]Substituted by the Land Reforms (Amendment) Act 1975 (LXXII of 1975).

[49]Added by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).

 

Bhajan lal Versus State of Punjab and Others – 28/09/1970

Posted on by in Supreme Court Judgments and tagged .

(1971) 1 SCC 34

(SUPREME COURT OF INDIA)

Bhajan lal Versus State of Punjab and Others

(Before : A.N. Grover and J.C. Shah, JJ.)

Civil Appeal No. 1338 of 1967,

Decided On: 28-09-1970

Punjab Security of Land Tenures Act, 1953—Sections 14-A, 18, 18(4)(a), 10(2) and 9(1).

Counsel for parties :

R.L. Kohli and J.C. Talwar, Advs

P. Chetterjee, M.L. Aggrwal and N.K. Aggarwal, Advs.

JUDGMENT

Shah, J—bhajan lal was the owner of land measuring 21 bighas 2 biswas and bearing Khasra Nos. 11/12, 18, 20 and 43 in village Sukhchen. Shadi was the tenant of the land for agricultural use. Alleging that Shadi had failed to pay the rent due by him for the period Kharif Season 1957 to Rabi Season 1960, bhajan lal applied under Section 14-A of the Punjab Security of Land Tenures Act, 1953, to the Assistant Collector for an order in ejectment against Shadi. The application was dismissed by the Assistant Collector and that order was confirmed in appeal by the Collector. The Financial Commissioner set aside the order and remanded the case for a fresh decision by order dated January 8, 1962.

2. There was yet another proceeding regarding the same lands. On February 20, 1961 Shadi applied to the Assistant Collector to purchase the lands under Section 18 of the Punjab Security of Land Tenures Act, 1953. The Assistant Collector rejected the application. The Collector confirmed that order. By order dated October 5, 1962, the Financial Commissioner remanded the case for determining whether Shadi was in occupation of the lands for six years before the date of the petition.

3. The Assistant Collector held that Shadi could claim to purchase the lands under Section 18 of the Punjab Security of Land Tenures Act, 1953 on paying ` 8,409/- in ten equal instalments to bhajan lal. The Assistant Collector held in the proceeding for ejectment started by bhajan lal that the tenant Shadi had without sufficient cause committed default in paying rent and ordered that he be evicted. The two orders were passed on April 30, 1964. Whereas in the proceeding started by bhajan lal he held that Shadi was liable to be evicted from the lands because he had without sufficient cause committed default in paying rent, in the proceeding filed by Shadi the Assistant Collector declared that Shadi was entitled to purchase the lands from bhajan lal. The two orders were challenged respectively by Shadi and bhajan lal in revision applications filed before the Additional Commissioner. The Additional Commissioner set aside the order in favour of Shadi and dismissed the application filed by Shadi. In a revision application, the Financial Commissioner set aside the order of ejectment against Shadi and restored the order of the Collector declaring him entitled to purchase the lands.

4. Against the order whereby Shadi was declared entitled to purchase the lands, bhajan lal applied to the High Court of Punjab for an order setting aside the order of the Financial Commissioner. The High Court dismissed the petition in limine. bhajan lal has appealed to this Court with special Leave.

5. Section 9(1) of the Punjab Security of Land Tenures Act, 1953 provides :

Notwithstanding anything contained in any other law for the time being in force, no landowner shall be competent to eject a tenant except when such tenant-

(i) is a tenant on the area reserved under this Act or is a tenant of a small landowner; or

(ii) fails to pay rent regularly without sufficient cause; or

(iii) is in arrears of rent at the commencement of this Act; or

(iv) has failed, or fails, without sufficient cause, to cultivate the land comprised in his tenancy in the manner or to the extent customary in the locality in which the land is situate; or

(v) has used, or uses the land comprised in his tenancy in a manner which has rendered, or renders it unfit for the purpose for which he holds it; or

(vi) has sublet the tenancy or a part thereof; provided that where only a part of the tenancy has been sublet, the tenant shall be liable to be ejected only from such part; or

(vii) refuses to execute a Qabuliyat or a Patta, in the form prescribed, in respect of his tenancy on being called upon to do so by an Assistant Collector on an application to him for this purpose by the landowner.

Explanation.-For the purpose of Clause (iii), a tenant shall be deemed to be in arrears of rent at the commencement of this Act, only if the payment of arrears is not made by the tenant within a period of two months from the date of notice of the execution of decree or order, directing him to pay such arrears of rent.

6. Section 14-A of the Act insofar as it is relevant provides :

Notwithstanding anything to the contrary contained in any other law for the time being in force, and subject to the provisions of Section 9-A,-

(i) a land-owner desiring to eject a tenant under this Act shall apply in writing to the Assistant Collector, First Grade, having jurisdiction, who shall thereafter proceed as provided for in Sub-section (2) of Section 10 of this Act, and the provisions of Sub-section (3) of the said section shall also apply in relation to such application,

**********

(ii) a land-owner desiring to recover arrears of rent from a tenant shall apply in writing to the Assistant Collector, Second Grade, having jurisdiction, who shall thereupon send a notice, in the form prescribed, to the tenant either to deposit the rent or value thereof, if payable in kind, or give proof of having paid it or of the fact that he is not liable to pay the whole or part of the rent, or of the fact of the landlord’s refusal to receive the same or to give a receipt, within the period specified in the notice.

**********

7. Section 18 of the Act, insofar as it is relevant provides :

(1) Notwithstanding anything to the contrary contained in any law, usage or contract, a tenant of a land-owner other than a small land-owner-

(i) who has been in continuous occupation of the land comprised in his tenancy for a minimum period of six years, or

(ii) who has been restored to his tenancy under the provisions of this Act and whose periods of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his tenancy together amounts to six years or more, or

**********

shall be entitled to purchase from the land-owner the land so held by him but not included in the reserved area of the land-owner, in the case of a tenant falling within Clause (i) or Clause (ii) at any time, and in the case of a tenant falling within Clause (iii) within a period of one year from the date of commencement of this Act :

**********

9. By virtue of Section 14-A the land-owner may obtain possession of the land on the ground of non-payment of rent by a proceeding filed before the Assistant Collector, during the subsistence of the tenancy. If the tenant has remained in continuous occupation of the land for a minimum period of six years he is entitled to purchase the land under Section 18 of the Act.

10. It was urged that since Section 18 commence with a non obstante clause, viz. “Notwithstanding anything to the contrary contained in any law, usage or contract”, if a proceeding in ejectment is lodged against the tenant which ultimately is allowed, the tenant cannot make a claim during the pendency of the proceeding to purchase the land. To hold otherwise, it was urged, would enable a tenant in default to defeat the claim in a suit in ejectment by commencing a proceeding for purchasing the land. We do not think that the expression “Notwithstanding anything to the contrary contained in any law, usage or contract” whittles down the right of the tenant at the date when he makes a claim to purchase the land merely because the tenancy is liable to be terminated in a proceeding then pending for an order in ejectment under Section 14-A, at the instance of the land-owner. Under the Act, the tenancy does not stand terminated merely because a proceeding in ejectment is instituted. The tenancy is determined only in the conditions prescribed by Section 9 and in the manner provided by Section 14-A. If a tenant is in default in payment of rent the land-owner desiring to recover rent due by the tenant may apply in writing to the Assistant Collector who shall thereupon send a notice to the tenant to deposit the rent due or give proof of having paid it. If the tenant fails to pay the rent or give proof of payment, the Assistant Collector shall, after a summary inquiry, if he is of the view that the tenant has not paid or deposited the rent, eject the tenant summarily and put the land-owner in possession of the land concerned. But so long as the Assistant Collector has not passed the order ejecting the tenant the right of the tenant is not extinguished : he continues to remain a tenant and being a tenant he is entitled to exercise his right to purchase the land.

10. Shadi was a tenant prior to the date of the institution by Bhajan lal of the proceeding in ejectment and he continued to remain a tenant till an order was passed by the Assistant Collector on April 30, 1964. But before that date Shadi had exercised his right to purchase the land and that right to purchase the land would not be defeated merely because on a date subsequent thereto an order in ejectment was passed against him. H Shadi, had therefore, at the date when he initiated proceeding under Section 8 right to purchase the land. By the subsequent order in ejectment made against him the statutory right of Shadi was not prejudicially affected.

11. We agree with the observations of Mahajan, J., in Har Sarup and Anr. v. The Financial Commissioner, Revenue Punjab (1965) 44 LLT 157 :

But, at the time when Section 18 application was filed, no order for eviction had been passed. Therefore, at that time, the relationship of landlord and tenant did exist. Mr. Daulta has not been able to point to me any provision of law which would make the eviction decree operative from the date of the eviction application. The mere fact that the tenants had incurred the liability for eviction by reason of non-payment of rent would not put an end to the admitted relationship of landlord and tenant between the parties. This liability only puts an end to the aforesaid relationship when the eviction decree is passed. The eviction decree was passed long after the Section 18 application. Therefore, the present petition is liable to succeed only to have extent of Section 18 application, that is, the tenants would be entitled to purchase the land.

**********

12. But a slight modification needs to be made in the order. A proceeding for recovery of rent was commenced against Shadi. It is Hot clear whether the amount of compensation determined by the Assistant Collector as payable by Shadi for purchasing the land includes the rent in arrears. We declare that Shadi will be entitled to purchase the land on payment of the amount of compensation together with the amount of rent due by him. The Assistant Collector will pass appropriate order in that behalf and direct that payment be made in appropriate instalments under Section 18(4)(a).

13. Subject to that modification, the appeal fails and is dismissed with costs.

Economically Weaker section occupying Vested Land for Homestead purpose in Urban Areas in WB

Posted on by in West Bengal Legislation and tagged .

Circular No. 1469-GE(M) IIL-20/10, dated 17.3.2010.

Whereas the matter pertaining to providing secure land tenure to the urban poor families belonging to economically weaker sections (EWS), occupying vested land for homestead purpose in the urban areas was under active consideration of the State Government for quite some time past;

1. And whereas a committee constituted under the Chairmanship of the Chief Secretary examined the different aspects of the matter;

And whereas the State Government in the Land and Land Reforms Department, Urban Development Department and the Municipal Affairs Department have had dialogues and discussion on the matter;

And whereas the State Government, after proper examination of the matter and after obtaining approval of the Cabinet, has decided as follows:

(i) An urban poor family, having monthly income not exceeding rupees six thousand only may be considered eligible for the purpose of long term settlement for 99 (ninety-nine) years for such homestead land at a concessional rate of a token salami of Rs. 1/- subject to other usual terms and conditions provided that these urband poor families belonging to EWS are found to have occupied such land for not less than 20 (twenty) years.

(ii) In no case settlement of such land shall be considered in respect of the land which is required by the Government for any infrastructure or development projects including projects towards new housing for the urban poor.

(iii) Not more than 2 (two) cottahs of such land shall be allowed to be settled for any individual EWS family.

(iv) The beneficiary urban poor family to whom such settlement is to be granted, shall not be entitled to transfer such land within a period of 10 (ten) years from the date of execution of the lease deed in their favour and even after the lapse of 10 (ten) years. Such transfer will be allowed only after that is allowed by the Collector/District Land and Land Reforms Officer of the concerned district.

(v) The annual rent in respect of such land shall be fixed at par with the land revenue under West Bengal Land Reforms ‘Act, 1955 or Kolkata Land Revenue Act, 2003, as the case may be.

(vi) The urban local bodies and the concerned District Land and Land Reforms Officer will conduct joint survey to ascertain the details of the land of the occupiers concerned as well as the details of such occupants and prepare the reports accordingly for sending the same to the Government in the Land and Land Reforms Department for finalization of settlement of such land by that Department for 99 (ninety-nine) years with the occupier concerned.

And whereas the State Government in the Municipal Affairs Department, in accordance with the decision so taken in the matter, have already issued order vide G.O. No. 112/MA/0/C-4/1A-2/2012, dated 1.3.2010.

Now therefore, it is hereby directed as follows:

(i) The District Land and Land Reforms Officer shall take immediate steps so that joint survey with the concerned Municipality or the Municipal Corporation is conducted to ascertain the details of the land of the concerned occupiers belonging to EWS occupied such land for not less than 20 (twenty) years as well as the other details of such occupants (i.e. number of its dependent, yearly income, occupation etc.);

(ii) The occupants to be found eligible for having the occupied vested land settled on long term basis, shall be asked to submit application for such settlement to the District Land and Land Reforms Officer along with a self declaration about the period of occupation of such land and his monthly income, and the Commissioner of the Municipality/the Councillor of the Municipal Corporation/the B.D.O./the S.D.O./the M.L.A./the M.P. of the area concerned shall be requested to certify about the period of occupation as well as the monthly income of the occupants family concerned;

(iii) The District Land and Land Reforms Officer shall prepare the report in consultation with the concerned Municipality or the Municipal Corporation as soon as joint survey is completed and prepare formal proposal for long term settlement of the vested land not exceeding 2 (two) cottahs with the occupier concerned for sending the same to the Government in the Land and Land Reforms Department for finalization of such settlement.

The West Bengal Land Reform Act 1955

Classes of tenants

Posted on by in CIVIL, LAND and tagged .

There shall be, for the purpose of this Act, the following classes of tenants, (namely) :—

(1) tenure-holders, including under-tenure-holders,

(2)raiyats, and

(3) under-raiyats, that is to say, tenants holding whether immediately or mediately under-raiyats; and the following classes of raiyats, namely :—

(a) raiyats holding at fixed rates, which expression means raiyats holding either at a rent fixed in perpetuity or at a rate of rent fixed in perpetuity,

(b) occupancy-raiyats, that is to say, raiyats having a right of occupancy in the land held by them, and

(c) non-occupancy-raiyats, that is to say, raiyats not having such a right of occupancy.

Bengal Tenancy Act, 1885

Orissa Land Revenue (Abolition) Act, 1978

Posted on by in Orissa and tagged .

Orissa Act No. 6 of 1978

Published vide Orissa Gazette Extraordinary/27.3-1978.

For Statement of Objects, and Reasons see Orissa Gazette Extraordinary No. 200/16.2.1976.

An Act to provide for the abolition of payment of land revenue in respect of certain categories of land.

Be it enacted by the Legislature of the State of Orissa in the Twenty-ninth Year of the Republic of India, as follows :

1. Short title, extent and commencement. – (1) This Act may be called the Orissa Land Revenue (Abolition) Act, 1978.
(2) It extends to the whole of the State of Orissa.
(3) It shall be deemed to have come into force with effect from the 1st day of April, 1977.

2. Definitions. – ln this Act, unless the context otherwise requires-
(a) “Government” means the State Government of Orissa;

(b) “land revenue” means all sums and payments in money or in kind or in both, by whatever name designated or locally known, received or claimed by or on behalf of Government from a raiyat or tenant for use or occupation of the land held by him and includes rent, but does not include cess;

(c) “municipality” or “notified area” means a municipality or notified area constituted under the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950);

(d) “prescribed” means prescribed by rules made under this Act;

(e) “rent” means whatever is payable or deliverable in money or in kind or in both, except by way of a special contract by a tenant or raiyat to Government on account of use or occupation of the land held by him ;

(f) “small scale industry” means an industry the capital investment in respect of which does not exceed one lakh of rupees or an industry wherein the number of labourers employed on any day during the previous agricultural year does not exceed twenty; and

(g) words and expressions used in this Act but not defined herein shall have the same meaning as are respectively assigned to them in the land revenue and tenancy laws for the time being in force in the State.

3. Abolition of land revenue. – (1) Notwithstanding anything to the contrary contained in any other law, custom, or usage for the time being in force in the State, no raiyat or tenant shall be liable to pay land revenue in respect of any land held by him directly under Government; provided that such land is used for purposes of agriculture, horticulture or pisciculture or for purposes of any small scale industry located outside the limits of a municipality or notified area.
(2) The provisions contained in Sub-section (1) shall be without prejudice to and shall not affect the operation of any law providing for assessment of land revenue or for recovery of any sum as arrears of land revenue.

4. Adjustment and refund. – Any sum paid by or on behalf of a raiyat or tenant towards land revenue after the commencement of this Act shall, it he was not liable to pay such sum in accordance with the provisions contained in Section 3, be adjusted towards other dues, if any, payable by him to Government under any law and the balance shall be refunded to him on an application made in that behalf in the prescribed manner.

5. Computation of land revenue. – Without prejudice to the provisions of Section 3, for the purposes of computation, the land revenue in respect of any land which was settled or assessed prior to the let day of April, 1945, shall include a surcharge of an amount equal to fifty per centum of such land revenue :
Provided that the surcharge shall cease to be so included with effect from the date on which the land revenue settled under the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959) or under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (Orissa Act 21 of 1972) in respect of the said land takes effect.

6. Power to make rules. – The Government may make rules for carrying out all or any of the purposes of this Act.

7. Repeal of Orissa Act 33 of 1975. – (1) The Orissa Land Revenue (Re-imposition) Act, 1976 (Orissa Act 33 of 1975) and the provisions of any other enactment in so far as they are repugnant to the provisions of this Act, are hereby repealed.
(2) Notwithstanding such repeal, all documents and revenue records relating to landlords and tenants shall continue to be valid to the extent of their use for purposes which are not inconsistent with or repugnant to the provisions of this Act.

8. Repeal of Orissa Ordinance No. 7 of 1977. – (1) The Orissa Land Revenue (Abolition) Ordinance, 1977 (Orissa Ordinance No. 7 of 1977) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

The Orissa Land Reforms (General) Rules, 1965

Posted on by in Orissa and tagged .

Published vide Revenue and Excise Department Notification No. 57165 dated 25.9.1965 and first published in Orissa Gazette Extraordinary No. 1502 dated 26.10.1965

CHAPTER-I

General

  1. Short title and commencement. – These rules may be called the Orissa Land Reforms (General) Rules, 1965.

  2. Definitions. – In these Rules, unless the context otherwise requires-
    (a) “Act” means the Orissa Land Reforms Act, 1960 (16 of 1960);

(b) “Form” means a form set out in the appendix to these Rules;

(c) “Schedule” means a schedule appended to these Rules;

(d) “Section” means a Section of the Act;

(e) “Tahasildar” includes an Additional Tahasildar;

(f) “Village” shall have the same meaning as assigned to it in the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959);

(g) all words and expressions used in these Rules but not defined therein shall have the same meaning as are respectively assigned to them in the Act.

[3. Conduct of proceeding under the Act. – (1) The proceedings before the Revenue Officer under the Act and these Rules shall be of a summary-nature.
(2) The Revenue Officer shall record the substance of the evidence of the witness, it any, examined before him in the for of a memorandum which shall be duly signed by the Officer and shall form part of the record.
(3) No order in any proceeding shall be passed without giving the parties concerned a reasonable opportunity of being heard.
(4) It shall be the responsibility of the objector to produce his witness and documents before the Revenue Officer on the date fixed. In the matter of enforcing the attendance of parties and witnesses and the production of documents the Revenue Officer shall have all the powers of a Civil Court exercisable under the Civil Procedure Code.]
4. Notice and mode of service. – (1) All notices required under the Act or these rules shall be in writing.
[(2) Where a notice is required to be served or issued under the Act or under these rules on or by the Government as the landlord, it shall be served on or issued by the Tahsildar.]
(3) Where no other mode of service of notice is prescribed by the Act or by these rules, service shall be effected in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, 1908 (5 of 1908), if the notice is addressed to only one persons.
(4) If the notice is addressed to a number of persons or to persons in general, it shall be served in the manner prescribed for the service for summons on a defendant under the Code of Civil Procedure, 1908 (5 of 1908) or by proclamation and beat of drum and posting it, in the presence of not less than two persons to some conspicuous place in the village.
(5) In the case of an uninhabited village the service of any general notice shall be effected in the nearest inhabited village.
[4A. Classes of land under Clause (5-a) of Section-2. – Classes of land shall be determined with reference to entries in the record of rights and other records prepared under any law or rule or order for the time being in force and after such local enquiry as may be necessary.]
[5. 6. 7. and 8. * * *]

CHAPTER-II

Raiyats and Tenants

[9. * * *]
10. Form and manner of application under Sub-section (2) and (5) of Section 4. – (1) The application under Sub-section (2) of Section 4 shall be in Form No. 1.
(2) The application under Sub-section (5) of Section 4 shall be in Form No. 2.
(3) The application under Sub-rule (1) or under Sub-rule (2) shall be presented to the Revenue Officer personally by the applicant or by his authorised agent.
(4) As many copies of the application as there are opposite-parties shall be filed along with the application.
(5) For every village there shall be a separate application in respect of each landlord.
[10A. (1) Before declaring a sub-tenant or under raiyat or his successor-in-interest, as the case may be, to be a raiyat under Sub-section (5) of Section 4, the Revenue Officer shall give a notice to the parties and hear them as also the person filing objection.
(2) A general notice shall also be served on the villagers of the village or villages in which the land is situated inviting objections within a period of fifteen days, to the settlement asked for by the sub-tenant or under-raiyat or his successor-in-interest.
(3) The notice shall be served in the manner provided in Rule 4].
11. Payment under Sub-section (7) of Section 4. – (1) The payment envisaged under Sub-section (7) of Section 4 shall be made by the subtenant or under raiyat, [or his successor-in-interest], as the case may be in person or through an authorised agent to the landlord or his authorised agent.
(2) The person making payment under sub-rule(1) shall be entitled to a receipt for such payment.
(3) The payment may at the option of the sub-tenant or under-raiyat [or his successor-in-interest] as the case may be, be made through Postal Money Order at his cost and in such an event, the Money-Order acknowledgement receipt shall be treated as the receipt for payment.
[(4) (a) When a recorded sub-tenant or under-raiyat] [or his successor-in-interest] offers or tendered money on account of compensation and the person entitled to compensation refuses to receive it or refuses to grant a receipt for it, or
(b) When the compensation is payable to co-sharers jointly and the recorded sub-tenant or under-raiyat [or his successor-in-interest] is unable to obtain a joint receipt from the co-sharers for the money and no person has been authorised to receive the compensation on their behalf and grant receipt, or

[(c) When the recorded sub-tenant or under-raiyat [or his successor-in-interest] entertains a bona fide doubt as to the right person or persons entitled to receive the compensation, the recorded sub-tenant or under raiyat or his successor-in-interest as the case may be, may apply to the Revenue Officer in writing before expiry of the period specified in Sub-section (7) of Section 4 of the Act for permission to deposit in the Court, the full amount or instalment amount of compensation payable to the person or persons entitled thereto and obtain orders therefor].

(5) The application under Sub-rule (4) shall bear court fees and process fees as prescribed in Schedule-I and among other things shall contain the following particulars, namely :
(a) in case of Sub-rule (4)(a) the names of the persons to whose credit the deposit is to be made;

(b) in case of Sub-rule (4)(b) the names of the co-sharers to whom the compensation is due or so any of them as the sub-tenant or under raiyat [or his successor-in-interest] may be able to specify;

(c) in case of Sub-rule (4)(c) the names of the co-sharers to whom the compensation is payable as per order of the Revenue Officer.

(6) The application shall be signed by the recorded sub-tenant or under-raiyat [or his successor-in-interest]and duly verified in the manner laid down in the Code of Civil Procedure, 5 of 1908 for the verification of pleadings.
(7) if it appears to the Revenue Officer that the facts stated in application are correct and the applicant is entitled to deposit the compensation money, he shall receive the same and grant a receipt for it in Form No. 15.
(8) The receipt so granted shall operate as an acquittance for the amount of the compensation payable by the recorded sub-tenant or under-raiyat, [or his successor-in-interest] in the same manner and to the same extent as if, that amount of compensation had been received to the full satisfaction and in compliance with the order of the Revenue Officer.
(9) The Revenue Officer receiving the deposit shall forthwith cause a notice of its receipt to be served on the person or persons specified in the application, giving sixty days time for receiving the payment.
(10)(a) The Revenue Officer shall pay the amount under deposit to the person or persons entitled to the same if he or they appear before him either in person or through authorised representative within sixty days from the date of issue of the notice.
(b) If the person or persons entitled to the same do not appear before him to receive the payment, the amount under deposit shall be kept under revenue deposit after expiry of the said period in the manner prescribed in subsidiary Rule 424 contained in Part II of the Orissa Treasury Code and simultaneously intimate the facts of deposit to the persons entitled to the same.

(11) The amount under Court deposit or under revenue deposit shall not carry interest.
(12) The amount under revenue deposit shall lapse to Government after expiry of the period prescribed in Rule 436 of the Orissa Treasury Code and in case the payee or payees want refund of the amount, the procedure with regard to refund of the lapse deposit as laid down in the Orissa Treasury Code shall apply.

(13)(a) If a recorded sub-tenant or under-raiyat or his successor-in-interest defaults in making payment of compensation in pursuance of the orders of the Revenue Officer under Sub-section (6) of Section 4, the person immediately under whom such recorded sub-tenant or under-raiyat or his successor in interest was holding the land may make an application to the Revenue Officer within six months from the date on which the payment falls due to recover the compensation or any portion thereof which remains unpaid as an arrear of land revenue.
(b) The application shall bear court-fees, and process fees as prescribed in Schedule I.

(14) On receipt of the application the Revenue Officer shall initiate proceedings and after making such enquiries, as he deems necessary, he may take action for re-covering the compensation of the unpaid portion thereof as an arrear of land revenue :
Provided that the Revenue Officer shall given reasonable opportunity to the sub-tenant or the under-raiyat or his successor-in-interest, as the case may be, to pay the same before proceeding to recover it as an arrear of land revenue.

  1. Determination of fair and equitable rent under Sub-section [(8-a)] of Section 4. – In determining the fair and equitable rent under Subsection [(8-a] and (9) of Section 4, the Revenue Officer shall adopt the rate of cash rent payable by raiyats for similar lands with similar advantage in the vicinity as may be derived from the record-of-rights or any other records for the time being in force.

12A. (1) (a) A Raiyat may make an application in duplicate to the authorised officer in Form No. 25 for use of his agricultural land for purpose other than agriculture.
(b) On receipt of application, the authorised officer shall register a case and if the land is situated in any area on which the Orissa Town Planning and Improvement Trust Act, 1956 or, as the case may be, the Orissa Development Authorities Act, 1982 is in force, the authorised officer shall refer the application for conversion in Form No. 26 to the concerned Development authority requesting him to furnish its opinion keeping in view the land use envisaged for the areas in the Development Plan/Master/Plan/Improvement Scheme/Town Planning Scheme made or published under the said Act. The concerned Development Authority/Town Planning Authority/Improvement Trust shall furnish its opinion on the application for conversion within 30 days from the date of receipt of the same from the authorised officer failing which it shall be deemed that there is no objection to the Conversion applied for.

(c) The authorised officer shall make an enquiry or cause an enquiry to be made through any officer subordinate to him into the matter after giving a reasonable opportunity of being heard to the applicant.

(d) While considering the application for conversion, the authorised officer shall satisfy himself that the proposed conversion will not-

(i) obstruct natural water courses thereby causing water logging of agricultural lands in the neighbourhood, or

(ii) obstruct water courses laid out for carrying water for irrigating agricultural holdings in the neighbourhood.

(e) The authorised officer, if considers the conversion to be objectionable or not genuine or the information given by the applicant is not correct, may record the same and reject the application with intimation to the applicant.

(2) (a) The authorised officer, after enquiry, if satisfied that the proposed conversion is of genuine nature, he may allow conversion and order for settlement of the land on lease basis under the provisions of the Orissa Government Land Settlement Act, 1962.
(b) Terms and conditions of settlement of land for non-agricultural purposes both in rural and urban areas, shall be such as specified in the standard lease-deed in Form No. 27 and as may be determined by the Government from time to time.

(3) In cases where the conversion has already taken place prior to the 1st day of July, 1994, the authorised officer shall issue a notice in Form No. 28 to the raiyat or the person to whom the land has been transferred by the raiyat asking him to pay the premium and land revenue and after the payment of premium and land revenue, the land shall be settled on lease basis under the provisions of the Orissa Government Land Settlement Act, 1962.
(4) (a) In both the cases under Sub-rules (2) and (3), before settling the land the authorised officer shall assess the quantum of premium to be paid in accordance with the rate prescribed in Sub-section (3) of Section 8-A of the Act and the land revenue as have been assessed for similar non-agricultural lands in the vicinity and intimate to the person who has so converted the agricultural land for purposes other than agriculture or the transferee, as the case may be, to deposit the amount of such premium and land revenue in full within thirty days :
Provided that in cases covered under Sub-rule (2) the land revenue shall be payable with effect from the beginning of the agricultural year next after the date of conversion and in cases covered under sub-rule (3) it shall be payable from the beginning of the agricultural year next after the date on which actual conversion has taken place subject to the limitation under the Orissa Limitation (Recovery of Revenue) Act, 1964.
(b) For payment of premium and land revenue in respect of cases under Sub-rule (2), the authorised officer may, on application, allow additional period not exceeding sixty days from the date of order of settlement to the applicant in exceptional and genuine cases.

(c) The premium and land revenue so assessed in respect of cases under Sub-rule (3), may be paid in four equal quarterly instalments as specified by the authorised Officer and on default of payment by the last date of any quarter the balance amount shall be paid in one instalment within a period of one month from the last due date of payment, failing which the amount shall be recovered as arrears of land revenue under the Orissa Public Demands Recovery Act, 1962.

(5) The authorised officer shall execute lease-deed in Form No. 27 within a period of fifteen days from the date of premium and land revenue are paid in full.]

  1. Form and manner of application under Sub-section (1-a) and Sub-section (4) of Section 9. – [(1) The application under Sub-section (1-A) of Section 9 shall be filed in Form No. 17 within three years from the date of commencement of the Orissa Land Reforms General (Amendment) Rules, 1985 :
    Provided that any such application made after the 19th February 1981 and before the aforesaid date shall for all purposes, be treated as an application filed within the period prescribed under said Sub-section (1-A).
    [Provided further that any person who has failed to make such application within the period specified in this sub-rule may make an application within a period of three years from the date of commencement of the Orissa Land Reforms (General) (Amendment) Rules, 1996.]
    (2) The application under sub-section (4) of Section 9 shall be filed within sixty days from the date of dispute.
    (3) The application under Sub-rule (1) or Sub-rule (2) shall be filed in Form No. 17 in the same manner as laid down in Sub-rules (3), (4) and (5) of Rule 10.
    [(4) Grant of certificate by the Revenue Officer under Sub-section (1 -A) of Section 9 – The certificate under Sub-section (1-a) of Section 9 shall be in Form No. 21]

13A. Procedure for payment of compensation under Sub-section 2 of Section 9. – (1)(a) When the raiyat or tenant referred to in Sub-section (2) of Section 9 offers or tenders money on account of compensation and the person entitled to compensation refuses, to receive it or refuses to grant a receipt for it; or
(b) When the compensation is payable to co-sharers jointly and the raiyat or the tenant is unable to obtain a joint receipt from such co-sharers for the money and no person has been authorised to receive the compensation on their behalf or grant receipt; or

(c) When the raiyat or the tenant entertains bona fide doubt as to the right person or persons entitled to receive the compensation, the raiyat or the tenant may apply to the Revenue Officer in writing for permission to deposit in the Court, the full amount of the compensation payable to the person or persons entitled thereto and obtain orders therefor.

(2) The application under Sub-rule (1) shall bear court fees and process fees as prescribed in Schedule I and among other things shall contain the following particulars, viz –
(i) the name or names of the persons to whose credit the deposit in made, and

(ii) in case of co-sharers, the names of such co-sharers to whom the compensation is due or so many of them as the raiyat or the tenant may be able to specify.

(3) The application shall be signed by the raiyat or the tenant and duly verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings.
(4) If it appears to the Revenue Officer that the facts stated in the application are correct and the applicant is entitled to deposit the compensation money, he shall receive the same and grant a receipt for it in Form No. 23.
(5) The receipt so granted shall operate as an acquittance for the amount of compensation payable by the raiyat or the tenant in the same manner and to the same extent, as if that amount of compensation had been received to the full satisfaction.
(6) The Revenue Officer receiving the deposit shall forthwith cause a notice of its receipt to be served on the person or persons specified in the application giving sixty days time from the date of receipt of the said notice for receiving the payment.
(7)(a) The Revenue Officer shall pay the amount under deposit to the person or persons entitled to the same if her or they appear before them either in person or through authorised representative within the aforesaid date.
(b) If the person or persons entitled to the same do not appear before him to receive the payment, the amount under deposit shall be kept under revenue deposit after the expiry of the said period in the manner prescribed in subsidiary Rule 424 contained in Part II of the Orissa Treasury Code and simultaneously intimate the fact of deposit to the person or persons entitled to the same.

(8) The amount under Court deposit or revenue deposit shall not carry any interest. The amount under revenue deposit shall lapse to Government after the expiry of the period prescribed in Rule 436 of the Orissa Treasury Code and in case the payee or payees want refund of the amount, the procedure with regard to the refund of lapsed deposits as laid down in the Orissa Treasury Code shall apply.]

13B. In determining the fair and equitable rent under Sub-section (3) of Section 9 the Revenue Officer shall have regard to rent payable in respect of similar lands with similar advantages in the vicinity.

13C. As soon as may be, after the issue of the certificate under Subsection (1-A) of Section 9 the Revenue Officer shall also cause a copy of the said certificate to be transmitted to the authority competent to maintain the record-of-rights.

13D. When fair and equitable rent is fixed in the manner provided in Sub-section (3) of Section 9 the Revenue Officer shall send a copy of the order fixing the fair and equitable rent to the authority competent to maintain the record-of-rights.

  1. Notice under Sub-section (2), (3) and (4) of Section 11. – (1) The notice under Sub-section (2), (3) and (4) of Section 11 shall be in Form No. 3.
    (2) As many copies of the notice as there are landlords on whom the notice is required to be served shall be filed under Sub-section (5) of Section 11.
    (3) Two more copies of the notices shall also be filed out of which one copy shall be retained by the Revenue Officer for record in his office and the other copy shall be transmitted by him to the authority competent to maintain the record-of-rights.
    (4) Separate notice shall be filed for each village.

  • Manner of filing applications under Sub-section (1) of Section 12. – The manner of filing an application under Sub-section (1) of Section 12 shall be the same as provided in Sub-rules (3) and (4) of Rule 10.

    • 15A. Notice under Section 14(2). – The notice under the first proviso to Sub-section (2) of Section 14 shall be in Form No. 24.
    16. Application under Section 15. – [(1) An application under Section 15 shall be filed in the same manner as provided under Sub-rules (3) and (4) of Rule 10.
    (2) A general notice shall also be served on the villagers of the villages in which the land is situated inviting objections.
    (3) the notice shall be served in the manner as provided in Rule 4.]
    [16A. If a tenant fails to comply with a notice served on him under Sub-section (2) of Section 15, or a landlord fails to comply with a notice served on him under Sub-section (5) thereof, the Revenue Officer may issue an order in Form No. 14 to such Officer or authority as may be specified therein, for delivery of possession of the land to the landlord or the tenant, as the case may be].
    17. Enquiry in case of disputes as to the identify of a tenant under Section 16. – The enquiry in case of dispute under section 16 as to the identity of a tenant in cultivation of any land will take into consideration on the following points, namely :
    (a) orders, if any of a competent Court on the subject;

    (b) the statement of the landlord and tenant as to the identity of the tenant;

    (c) the availability of rent receipts in proof of possession of land under disputes;

    (d) any other evidence either oral or documentary available in support of the claim.

    1. Particulars to be recorded in the rent receipt and its counterfoil envisaged under Section 17. – The receipt to be granted under Sub-section (1) of Section 17 and the counterfoil of the receipt as envisaged under Sub-section (2) of the said section shall contain the following particulars, namely :
      (a) name of the village,

    (b) receipt number,

    (c) name of the landlord,

    (d) name of the tenant,

    (e) holding number,

    (f) area of tenancy,

    (g) the annual demand of rent and cess,

    (h) arrears of rent and cess, if any,

    (i) the year or years for which rent, etc. is paid,

    (j) the total amount of cash rent and quantity of kind rent and cess paid.

    (k) where rent is paid in kind, the exact nature of kind rent, and

    (l) amount of interest and other payments made, if any.

    1. Manner in which a partition can be ordered by a Revenue Officer under Clause (c) of Sub-section (1) of Section 19. – (1) Any person applying for an order of the Revenue Officer under Clause (c) of Sub-section (1) of Section 19 shall file an application giving a full description of the land and other details as may be necessary to effect the partition of a holding among co-sharer raiyats.
      (2) The application shall cite other co-sharer raiyats and the landlord as opposite-party.
      (3) It shall be submitted in the same manner as laid down in Sub-rules (3), (4) and (5) of Rule 10.
      (4) Not more than one application shall be necessary for partition of more than one holding, if situated in the same village and if they belong to the same co-sharer raiyats under the same landlord.
      (5) The Revenue Officer shall afford reasonable opportunity to the opposite-parties to be heard in the matter.
      (6) He shall make such other enquiry as he deems necessary for disposal of the application.
      (7) The application can be allowed only when all the co-sharer raiyats give their consent to the partition applied for.
      (8) If there is any difference of opinion among the co-sharer raiyats, the application for partition shall be rejected.
      (9) When a partition is allowed, the order of the Revenue Officer partitioning the holdings of co-sharer raiyats shall clearly mention the plots of land that are allotted to the share of every co-sharer raiyat and the amount of rent, cess and other legal dues payable by each co-sharer raiyat after partition.
      (10) If any survey plot is required to be subdivided in course of partition of a holding such partition shall be effected by the Revenue Officer only after causing necessary enquiry to be made before the final order of partition is made :
      Provided that no such subdivision shall be made nor the enquiry required for making such subdivision shall be taken up until the prescribed fees an paid by the applicant :
      Provided further that if such fees are not paid within such time as may be allowed by the Revenue Officer, the application for partition shall be rejected.

    19A. (1) Where, however, an order under Section 11, 18 or 36 of the Orissa Survey and Settlement Act, 1958 with regard to any area has been issued, Rule 19 shall not be applicable.
    (2) Any application to a Revenue Officer for an order under Clause (c) of Sub-section (1) of Section 19 of the Act in an area where Survey and Settlement operations are in progress, may be oral.
    (3) Such an application shall be made, to the Revenue Officer by all the co-sharer raiyats either personally or through their authorised agents.
    (4) Such applications may be made also to any subordinate of the Revenue Officer by all the Co-sharer raiyats either personally or through their authorised agents and such subordinate of the Revenue Officer, shall reduce the application, if it is oral, into writing and transmit the same to the Revenue Officer.
    (5) The Revenue Officer may make such enquiry as he deems necessary before passing orders allowing or disallowing the partition.
    (6) Before passing orders, the Revenue Officer shall obtain the signature or the thumb impression of all co-sharer raiyats or their authorised agents on the body of the record signifying their consent to partition the holding on mutual agreement.
    (7) When a portion is allowed, the order of the Revenue Officer shall clearly mention the plots of land allotted to the share of every co-sharer raiyat, the amount of rent, cess and other local dues payable by each co-sharer raiyat, after partition.
    (8) In case of a dispute amongst the co-sharer raiyats, about the quantum of rent payable by each in respect of the new holding created after partition, prayer for partition shall be rejected.]

    1. Notice under Sub-section (2) of Section 19. – (1) The notice envisaged under Sub-section (4) of Section 19 shall be in Form No. 4.
      (2) The number of notices and copies thereof to be filed under Sub-rule (1) shall be the same as provided Sub-rules (2), (3) and (4) of Rule 14.

  • List under Sub-section (4) of Section 19. – (1) The list envisaged under Sub-section (4) of Section 19 shall be in Form No. 5.
    (2) It shall be sent to the Revenue Officer by the Court either through a messenger or by registered post with acknowledgement due.
    (3) The number of lists and copies thereof to be sent under Sub-rule (2) shall be as provided in Sub-rules (2), (3) and (4) of Rule 14.

    • 21A. The list envisaged under Sub-section (6) of Section 19 shall be in Form No. 5-A.]
    22. manner of application under Sub-section (1) of section 20. – The application under Sub-section (1) of Section 20 shall be submitted in the same manner as provided in Sub-rules (3), (4) and (5) of Rule 10.

    22A. On declaration being made under Sub-section (2) of Section 23, the Revenue Officer shall issue to any member of his staff or any other person a warrant in Form No. 16 to put the transferor or his heirs in possession of the land, if necessary, by removing any person bound by the order under Section 23 who refuses to vacate the land.
    22B. The person to whom a warrant is issued under Rule 22-A shall after putting the transferor or his heirs in possession of the land, return the warrant and the Revenue Officer on being satisfied that the warrant has been duly executed, countersign the same and keep it as a para of the records of the case.
    22C. When the person directed to execute the warrant fails on the date fixed therein to put the transfer or his heir in possession, the Revenue Officer may issue another warrant to the same person or any other member of the staff.
    22D. The Revenue Officer may at any time recall or cancel any warrant issued under Rule 22-A or 22-B and may also order necessary police or other assistance to be rendered for the due execution of the warrant.
    22E. If on the dates specified in the warrant, for putting the transferor or his heirs in possession of land, crops not ripe for immediate harvest are found on the land, the execution shall be postponed and a report of such fact shall be made to the Revenue Officer and on receipt of such report the Revenue Officer may postpone the execution till such time as the crops are harvested.]
    22F. Surrender or abandonment by raiyat or tenant. – (1) The information referred to in Sub-section (2) of Section 22-A shall be furnished in Form No. 18.
    (2) The information in Form No. 18 shall be presented to the Revenue Officer personally by the applicant or by his authorised agent.
    (3) For every village there shall be a separate application in Form No. 18.
    (4) The application shall, in each case, be made in triplicate.
    (5) One copy of the application shall be published by the Revenue Officer in the village in which the land is situated and objections shall be invited to the proposed surrender or abandonment within a period of 30 days with effect from the date of the publication. Where the application is made by a tenant, a copy thereof shall be sent to his landlord by registered post with acknowledgement due.
    (6) A date shall thereafter be fixed for hearing after issuing notices to the applicant and objectors, if any. Final orders in each case shall be passed after such hearing. While passing the final orders, the Revenue Officer shall keep in view the circumstances of the proposed surrender or abandonment, as the case may be and determine whether the surrender or abandonment has been applied for due to natural reason, like inundation sand casting, erosion etc. or with a view to circumventing the provisions of any law for the time being in force or underling the effect of any law, contract, decree or order of a Court.
    (7) Where the surrender or abandonment of any holding or part thereof is approved by the Revenue Officer under Sub-section (4) of Section 22-A, the holding or part thereof so surrendered or abandoned shall vest in the Government.
    (8) A copy of the final order referred to in Sub-section (6) above shall be sent by the Revenue Officer to the Tahsildar entrusted with the maintenance of record-of-rights under Chapter IV of the Orissa Survey and Settlement Rules, 1962.

    CHAPTER-III

    Resumption of Land For Personal Cultivation

    1. Form and manner of application under Sub-section (1) of Section 26. – (1) The application under Sub-section (1) of Section 26 shall be in Form No. 6.
      (2) A separate application shall be filed for each tenant in respect of each village.
      (3) The application shall be accompanied by a copy thereof.
      (4) It shall be presented to the Revenue Officer personally by the applicant or by his authorised agent.
    2. Form and manner of application under Sub-section (2) of Section 26. – (1) The application under Sub-section (2) of Section 26 shall be in Form No. 7.
      (2) A separate application shall be filed for each landlord in respect of each village :
      [Provided that where the number of landlord is more than one and the tenant entertains, bona fide doubts as to the interest of the landlords in the land in his possession, he may file one application in respect of all such landlords.]
      (3) The application shall be accompanied by a copy thereof.
      (4) It shall be presented to the Revenue Officer personally by the applicant or by his authorised agent.
    3. Manner of payment of compensation for non-resumable lands under Sub-section (1) of Section 28. – (1) The compensation for the non-resumable lands shall be paid in person or through and authorised agent by the tenant [or his successor-in-interest] to the landlord or his authorised agent.
      (2) The person making the payment under Sub-rule (1) shall be entitled to a receipt for such payment.
      (3) The payment of compensation or any instalment thereof may, at the option of the tenant, [or his successor-in-interest] be made through postal money-order acknowledgement receipt shall be treated as a valid receipt in support of payment for all purposes.
      [(3-A)(a) When a tenant or his successor-in-interest or his authorised agent referred to in Sub-rule (1) offers or tenders money on account of compensation and the person entitled to it or his authorised agent refuses to receive it or refuses to grant a receipt for it; or
      (b) When the compensation payable to the co-sharers jointly and the tenant or his successor-in-interest or his authorised agent is unable to obtain a joint receipt from the co-sharers for the money and no person has been authorised to receive the compensation on their behalf and grant receipt; or

    (c) When the tenant or his successor-in-interest ; or his authorised agent entertains a bona fide doubt as to the right person or persons entitled to receive compensations;

    he may apply to the Revenue Officer in writing before expiry of the period specified in Sub-section (2) of Section 28 of the Act for permission to deposit in the Court the full or instalment amount of compensation payable to the person or persons entitled thereto and obtain orders therefore.
    (3-B) The procedures, prescribed in Sub-rule (5) to 12 of Rule 11 shall mutatis mutandis apply in respect of cases referred to in Sub-rule (3-A).]
    (4) In case of an application to a Revenue Officer for recovery of compensation or any instalment thereof as an arrear of land revenue under Sub-section (2) of Section 30 of the Act, the Revenue Officer shall give reasonable opportunity to the tenants to pay the same before proceeding to recover it as an arrear of land revenue.
    26. Form of certificate in respect of resumable and non-resumable lands. – (1) The certificate in respect of resumable and the non-resumable lands as provided in Section 29 shall be in Form No. 8.
    (2) There shall be a separate certificate for every tenant in relation to every landlord in respect of every village.
    (3) If for preparing the certificate a survey plot is required to be subdivided the prescribed fees for making such subdivision shall be realised from the tenant before the subdivision is effected.
    27. Procedure is cases falling under Section 35. – (1) Where Revenue Officer proposes to proceed to determine the particulars of the resumable and the non-resumable lands under Section 35, he shall issue a general notice inviting objection to his proposal.
    (2) He shall also issue similar notices to such persons who according to the information available with him are landlord and tenant in respect of the same land.
    (3) He shall hear all objections that are received by him by the dates specified in the notices in this behalf or within such further time as may be allowed by him of his own motion or an application filed on this behalf and then proceed to finalise his proposal.
    [27A. Procedure for filing application under Section 36-A. – The application under Section 36-A shall be made in Form No. 19 and in the manner laid down in Rule 24].
    [27B. (1) Before declaring the non-resumable land of the tenant under Section 36-A, the Revenue Officer shall give a notice to the tenant and hear them.
    (2) A general notice shall also be served on the villagers of the village or villages in which the land situated inviting objections [within a period of fifteen days from the date of issue of the notice] to the settlement asked for by tenant.
    (3) The notice shall be served in the manner provided in Rule 4.]
    27C. (1) For the purpose of consulting local committee under Section 36-A, the Revenue Officer shall inform the members of the Committee of the date, time and place of its meeting by a notice specifying the matters for such consultation and the said notice shall be served seven clear days before the meeting. A copy of the notice signifying due service on the person concerned shall be retained by the Revenue Officer and shall form part of the case record.
    (2) The Revenue Officer shall consult the Committee in the meeting on the appointed day.
    (3) The proceedings of the meeting, of Committee shall form part of the proceeding under Section 36-A.
    (4) If consultation with the Committee on the appointed day is not possible due to absence of the members or due to their disinclination or inability to express their opinion, the fact shall be recorded by the Revenue Officer and it shall thereupon constitute sufficient compliance with the requirement of consultation with the committee.
    27D. The application under Sub-section (1) of Section 36-C, Subsection (2) of Section 56-B and Sub-section (4) of Section 57-B shall be filed in Form No. 19 and in the manner prescribed in Rule 24.

    CHAPTER-IV

    Ceiling and Disposal of Surplus Land

    1. Principles for determining the ceiling area. – [For the purposes of determining the ceiling area of a family under Section 37-A read with the explanation to Section 37-B and Section 39 the fact of transfer or partition referred to in Section 39 shall be verified by the Revenue Officer with reference to the notices of transfer transmitted to him under Sub-section (5) of Section 11 and the notices and list of partitions received by him under section 19.]

  • Recording of the ceiling area. – The ceiling area which is fixed for a family shall be recorded in the name of the one or more members of the family in the manner as may be specified by them in an application filed for the purpose before the Revenue Officer duly signed and verified by all the major member of-the family.

    • 29A. Maintenance of a list of privileged raiyats. – For the purpose of Clause (a) of Section 38, the Revenue Officer shall maintain a list of privileged raiyats. The list shall be verified periodically and brought up to day.

    29B. Report on the lands held by industrial undertakings. – Where exemption for ceiling is granted to lands held by industrial or commercial undertakings or comprised in mills, factories or workshops under Clause (b) of Section 38, the Revenue Officer shall furnish to the Collector at the end of each year a report on the actually utilisation of the lands so exempted to facilitate review of their utilisation as required under the first proviso to that clause.]

    29C. Principle for determining ceiling area. – For the purpose of Clause (a) of Section 39 tanks shall mean water reservoirs ordinarily used as such and shall not include any other water spread area.

    29D. Filing of return under Section 40-A. – (1) The return under Subsection (1) of Section 40-A shall be filed in duplicate to the Revenue Officer by the person liable to file the return under section 41 or by his authorised agent.
    (2) The return shall contain village wise particulars of all lands held by such person as raiyat or land holder or both in the State of Orissa.
    (3) Where a person who is liable to file return under Section 41 is member of a family, he shall furnish the return specifying the total area of land held by him together with the total area of land held by each member of his family and transfers and partitions effected by them if any, after the 30th day of September 1970.
    (4) The return mentioned in Sub-rule (1) above shall be filed in Form No. 12.

    29DD. The return or revised return, if any submitted under Section 46-B shall not be taken into account if a proceeding under Section 3 in respect of the person, who has filed the return, has been initiated by the Revenue Officer, on his own motion, and the draft statement of surplus land has been confirmed under Sub-section (1) of Section 44,
    29DDD. For the purpose of consultation with the Local Committee under section 43, of the provisions contained in Rule 27-C shall so far as may be apply.

    29E. Preparation and publication of draft statement showing selling and surplus lands. – The draft statement referred to Sub-section (1) of Section 43 shall be prepared in Form No. 13.

    1. Publication of draft statement under Sub-section (2) of Section 43. – (1) The draft statement shall be published by affixing a true copy of it to the notice-board of the Revenue-Officer and keeping it open for inspection, free of charge, by any person interested during office hours on working days for a period of thirty days from the date on which the copy is first affixed to his notice-board.
      [(2) A copy of the draft statement published under Sub-rule (1) shall be simultaneously sent by registered post with acknowledgement due to the person to whom it relates together with a notice intimating such person that objections, if any, to any entry in, or omission from such statement filed within a period of thirty days from the date of issue of such statement shall be taken into consideration.]
      [(2-A) A notice accompanied by a copy of the draft statement shall also be simultaneously published in the village or villages in which the land is situated by proclamation and beat of drum and by pasting a copy of it in presence of not less than two persons at some conspicuous place in the village informing all persons including those persons mentioned in the said statement that objections, if any, to any entry in, or omission from such statement filed within a period of thirty days from the date of such publication under Sub-rule (1) shall be taken into consideration].
      (3) During the period of thirty days, as aforesaid, every facility shall be given to the person to whom the statement relate for inspecting it and for taking extracts therefrom.

  • Appellate authority under Sub-section (2) of Section 4. – An appeal under Sub-section (2) of Section 44 shall lie of the Subdivisional Officer or to an Officer specially appointed by Government in this behalf who is suitable for appointment as a Sub-divisional Officer.
    Provided that appeal under Sub-section (2) of Section 44 pending on the date of commencement of the Orissa Land Reforms (General) (Amendment) Rule, 1980 shall be transferred to the Subdivisional Officer for hearing and disposal.]

  • Publication of confirmed statement under Sub-section (3) of Section 44. – (1) The confirmed or modified statements shall be published in the same manner as laid down in Sub-rule (1) of Rule 30 for a period of fifteen days.]
    [Provided that the date of publication shall be excluded in computing the said period.]
    (2) After the period of publication is over, the Revenue Officer shall append a certificate to the statement as to the fact of publication.
    (3) The fact of publication shall be communicated by registered post with acknowledgement due to the person to whom the statement relates along with a certified copy of such statement including the certificate appended under Sub-rule (2).

  • Authorities to whom copies of the statement are to be sent under Sub-section (3) of Section 44. – A true copy of the confirmed statement shall be furnished to –
    (1) the authority competent to maintain the record of rights;

    • (2) The Sub-Registrar; and

    (3) every landlord of the person to whom that statement relates;

    Provided that where Government is the land-lord no copy need to be furnished under this clause.

    [33A. Preparation of draft statement showing ceiling surplus lands under Section 45-B which escaped ceiling. – For the purpose of making a declaration under Sub-section (1) of Section 45-B of the Act, the Revenue Officer shall cause to be prepared a revised draft statement in Form No. 13-A.

    33B. Publication of the revised draft statement of ceiling surplus lands and service of notice to the person concerned. – (1) The revised draft statement prepared under Rule 33-A shall be dealt with in the same manner as laid down in Rule 30.
    (2) Objections, if any, received under Sub-rule (1) shall be considered by the Revenue Officer on such date and at such place and time, as he may fix by notice served on the objectors in that behalf and the Revenue Officer after making such enquiries as he deems necessary and after consulting the local committee, if any, may by order recording his reasons in writing, alter and amend all or any of the particulars specified in the draft statement.
    33C. Declaration of ceiling surplus lands under Section 45-B. – (1) On termination of the proceedings under Rule 33-B, the Revenue Officer shall, by order, confirm or modify the draft statement and record a declaration on it specifying the land adjudged surplus for the purpose of Sub-section (1) of Section 45-B of the Act.
    (2) The draft statement as confirmed or as modified in appeal or revision, if any, shall be published in the same manner as laid down in Sub-rule (1) of Rule 30, for a period of fifteen days.
    (3) After the period of publication is over, the procedure laid down in Sub-rules (2) and (3) of Rule 32, shall mutatis mutandis apply.
    (4) A true copy of the confirmed statement published under Sub-rule (2) shall also be furnished to the authorities prescribed under Rule 33].

    1. Manner of ascertaining the Government dues under Sub-section (1) of Section 48. – (1) The Revenue Officer shall address ail Tahsildars in whose jurisdiction the person entitled to [an amount] under Section 47 has interest in land as to the dues payable to Government by such person.
      (2) On receipt of such a reference, the Tahsildar shall intimate the Revenue Officer all the details as to the dues referred to in Sub-rule (1).
      (3) If there is no dues payable to Government, the Tahsildar shall communicate the fact to the Revenue Officer.
      (4) On receipt of information under Sub-rules (2) and (3) the Revenue Officer shall proceed to prepare the draft [* * *] Assessment Roll under Sub-section (1) of Section 48.

  • Form and manner of publication of the draft Assessment Roll under Sub-section (1) of Section 48. – (1) The draft [* * *] Assessment Roll shall be in Form No. 9.
    (2) It shall be published by affixing a true copy of it to the notice board of the Revenue Officer and keeping it open for inspection, free of charge, by any person interested during office hours on working days for a period of sixty days from the date on which the copy of first affixed to his notice board.
    [(3) On the date of affixture on the notice board under Sub-rule (2), a copy of the draft Assessment Roll shall be communicated to the persons who are shown in the Roll as entitled to an amount by registered post with acknowledgement due and they shall be informed that objections, if any, to any entry or omission from it, may be filed within sixty days from the date.]
    [(3-A) A notice accompanied by a copy of the draft Assessment Roll shall also be simultaneously sent by registered post with acknowledgement due to Co-operative Societies registered or deemed to be registered under the Co-operative Societies Act, 1962 including Co-operative Land Development Bank and State Co-operative Land Development Bank as defined in that Act and other public financing institutions as defined under Clause (25) of Section 2 of the Act in whose jurisdiction the person shown in the draft Assessment Roll have interest in land as to the dues payable to said Co-operative Societies of Banks or other financing institutions and they shall be informed that objections, if any, may be filed within sixty days from the date of publication of Roll.]
    (4) During the period of sixty days as aforesaid every facility shall be given to the persons to whom the Roll relates for inspecting it and for taking extracts therefrom.

  • Manner of disposal of objections under Sub-section (1) of Section 48. – (1) When an objection to the draft [* * *] Assessment Roll is received, notice of the objection shall be served on every person whose interest may in the opinion of the Revenue Officer be affected thereby and all such persons shall be called upon to attend at such time and place as the Revenue Officer may fix for disposal of the objection.
    (2) On the date fixed for hearing of the objection or on any other date to which the hearing may stand adjourned, the Revenue Officer shall after making such enquiry as he considers necessary and after giving the parties present an opportunity of being heard pass such orders as he deems proper.

    • [37. Appellate authority under Sub-sectiOn (2) of Section 48. – An appeal under Sub-section (2) of Section 48 shall lie to the Sub-divisional Officer or to an officer specially appointed by Government in this behalf who is suitable for appointment as the Sub-divisional Officer and any appeal under Sub-section (2) of Section 48 pending on the date of commencement of Orissa Land Reforms (General) (Amendment) Rules, 1980 shall be transferred to the Sub-divisional Officer for hearing and disposal.]

    [38. Manner of final publication under Sub-section (1) of Section 49. – (1) The draft Assessment Roil as envisaged under Sub-section (1) of Section 49 shall be finally published by a affixing a true copy of it to the notice board of the Revenue Officer.
    Provided that the Assessment Roll finally published within sixty days immediately prior to the commencement of the Orissa Land Reforms (General) Amendment Rules, 1978 shall be deemed to have been published under this rule.
    (2) A copy of the Assessment Roll published under Sub-rule (1) shall simultaneously be communicated by registered post with acknowledgement due to the persons or person who are shown in the roll as entitled to the amount.
    (3) the Revenue Officer shall append a certificate to the Roll as to the date and fact of final publication.]
    [38A. Procedure for settlement of ceiling surplus lands under Subsection (2) of Section 51 and definitions. – (1) For the purpose of Subsection (2) of Section 51 of the Act, the Settlement of ceiling surplus lands, vesting in the Government, in pursuance of the provisions of Section 45, shall be made in the manner hereinafter laid down.]
    (2) For the purpose of the Settlement of surplus lands referred to above and unless there is anything repugnant in the subject or context-
    [(a) Landless person or landless agricultural Labourer shall mean any person the total extent of whose land alongwith the lands held as a raiyat or tenant by all members of his family living with him in one mess is not more than 0.7 standard acre and who has no profitable means of livelihood other than agriculture.]

    (b) “Co-operative Farming Society” shall mean a Society registered under the Orissa Co-operative Societies Act, 1962 and formed by landless agricultural labourers.

    [(bb) The Revenue Divisional Commissioner may at any time revise the order of settlement of land passed by the Revenue Officer, Sub-divisional Officer, Additional District Magistrate or Collector, whether in exercise of original, appellate or revisional jurisdiction under this rule.]

    (3) Application for Settlement of surplus lands – (a) On the vesting of surplus lands in Government under Section 45 of the Act, the Revenue Officer shall issue notice inviting applications for settlement from deserving persons to be filed within [fifteen] days from the date of issue of notice :
    Provided that the Revenue Officer may, for reason to be recorded in writing receive such application from any deserving person at any time before the settlement of surplus lands in the village under Sub-rule (8) whereupon the provisions of the Sub-rule following hereafter shall apply.
    [(b) The notice shall be affixed on the Notice Board in the Office of the Revenue Officer. A copy of the notice shall also be affixed at a conspicuous place of the village in which the land in question is situated. The notice shall contain details of the land proposed to be settled, namely, the name of village where the land is situated, Khata number, Plot number, area, classification, status of the land and such other particulars, as may be necessary for its identification],

    [(4) Filing of applications and enquiry into the applications – (a) The applications for settlement of surplus land shall be filed by the persons categorised under Section 51 of the Act, within the period specified in Sub-rule (3)(a), and shall bear Court-fee stamp of rupees one and thirty paise :]
    Provided that the State Government may exempt from payment of Court-fee in any case or class for settlement of surplus land.
    (b) The applications received under Sub-rule (3)(a) shall be registered and the particulars thereof, shall be entered in a Register in Form No. 22.

    (c) The applications shall be sorted out village-wise and taken into consideration village wise in accordance with the priority provided in Section 51 of the Act.

    (d) The Revenue Officer shall thereafter, cause an enquiry to be made in respect of each application and if after such enquiry he is of the opinion that settlement of land may not be granted, he shall reject the application after recording the reasons for rejection.

    (e) If after enquiry the Revenue Officer is of the opinion that settlement of land may be granted he shall publish a proclamation which shall contain particulars of the applicant and particulars of land applied for settlement such as the name of the Village, Plot No., Holding No., classification of the land, area and such other particulars as may be necessary and invite objections if any, fixing date for hearing of objections.

    (f) The proclamation shall be published by beat of drum [and] by affixing a copy of the same at a conspicuous place in the village in which the land is situated in the presence of not less than two persons. If the village is uninhabited, the notice shall be published in the aforesaid manner in the nearest inhabited village. A copy of the proclamation shall also be published by affixing it on the Notice Board in the office of the Revenue Officer and a copy thereof shall also be sent to the Gram Panchayat in which the land is situated.

    (g) On expiry of [fifteen] days from the date of publication of the proclamation in the village and after hearing objections, if any, the Revenue Officer shall, if he is satisfied that the applicant is deserving and there is no objection to the settlement on any ground, make an order granting settlement of the land applied for or any portion thereof.

    (5) Priority of Settlement – The Settlement of surplus lands vested in Government under Section 45 of the Act shall be made by the Revenue Officer [after consulting the local committee, if any] with deserving persons in the order of priority indicated under Section 51 of the Act.
    [(6)(a) to (6)(c) * * *]
    (d) Settlement of the lands with the applicants belonging to the Scheduled Castes and Scheduled Tribes and others shall be considered separately in accordance with the priority specified in Section 51 of the Act. Applications of persons belonging to one category shall be considered together and disposed of before going to the next category in order of priority :

    Provided that preference shall be given to those landless persons who have no land or other means of livelihood, over those, who are comparatively better.
    (7) (a) Extent of settlement of land – Settlement of surplus lands shall be made in accordance with the priority mentioned in Sub-rule (5) and the procedure specified in Sub-rule (6).
    (b) No more than 0.7 standard acre of land shall be settled with any person :

    Provided that when a person already owns some land so much of land not exceeding in the aggregate 0.7 standard acre may be settled with him.
    [Provided further that were the area of surplus land available for settlement comprised in any plot is more than 0.7 standard acre but less than one standard acre and no person come forward to accept settlement of the residual land after the initial settlement up to 0.7 standard acre, such land may be settled with the person with whom contiguous land has been settled.]
    Explanation – For the purpose of conversion one acre shall be equal to 0.4047 hector.
    [(8) The land shall be settled with deserving persons on rayati basis free of salami.]
    [(8-a) * * *]
    (9) Transitory Provisions – Notwithstanding anything contained in the Orissa Land Reforms (General) Rules, 1965 all the outstanding amounts towards salami together with interests accrued thereon due from the allottees of surplus lands that have already been settled prior to the 1st day of November, 1983 shall be deemed to have been exempted.
    [(9-a) * * *]
    (b) While settling the land, Revenue Officer shall determine the fair and equitable rent in respect thereof to be paid by the person with whom the land is settled.

    (c) A copy of final order of settlement shall be sent to the authority competent to maintain the record-of-rights.

    (10)(a) Appeal and Revision – An appeal against the order of the Revenue Officer under this rule, if presented :
    (i) by any person aggrieved by the order, or

    (ii) by the State Government, shall lie to the Sub-divisional Officer within a period of thirty days from the date of such order.

    (b) Revision against any order passed by the Sub-divisional Officer in appeal shall lie to the Collector of the district within the period of thirty days from the date of such order :

    Provided that this power of the Collector of the district may be exercised by the Additional District Magistrate in any particular case or class of cases as may be specified by the Collector by an order in writing made in this behalf.
    [(bb) The Revenue Divisional Commissioner may at any time revise the order of settlement of lands passed by the Revenue Officer, Sub-divisional Officer, Additional District Magistrate or Collector, whether in exercise or original appellate or revisional jurisdiction under this rule.]

    (c) With every appeal or revision a certified copy of the order appealed against or sought to be revised shall be filed.

    (d) Every appeal or revision petition shall be drawn up in the form of a memorandum signed and dated by the appellant or petitioner or his recognised agent or his counsel the memorandum shall set forth concisely and under district heads the grounds of objections to the order appealed against or sought to be revised and such grounds shall be numbered consecutively.

    (e) If an appeal or revision petition is admitted, the authority hearing the appeal or revising may call for a report from the officer against whose order the appeal or revision petition has been filed.

    Provided that the points on which such report is required shall be distinctly mentioned in the order calling for the report.
    (f) Pending disposal of the appeal or revision, operation of the order appealed against or sought to be revised may, at the discretion of the authority hearing the appeal or revision petition be stayed.

    (g) A notice of the appeal or revision and the date of its hearing shall be served on the respondent, if any.

    (h) Reasonable opportunity shall be given to the parties to be heard in person through lawyers before any final order in an appeal or revision petition is passed.

    [38B.] Ceiling of future acquisition. – [For the purpose of Section 52 of the Act it shall be the duty of the Tahsildar who is entrusted with the maintenance of record-or-rights under Chapter IV of the Orissa Survey and Settlement Rules, 1962 to inform the Revenue Officer of the cases where the total area of land held by a raiyat or land holder exceeds the ceiling area after the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973.]

    [38C. For the purpose of filing of return under proviso to Section 52 of the Act, the provisions contained in Rule 29-D shall so far as may be apply.]

    CHAPTER-V

    Miscellaneous

    [39. Manner of conducting proceedings of the land Commission under Sub-section (4) of Section 53. – The manner of conducting the proceedings of the Land Commission shall be as follows :
    (1) The Secretary to the Commission with the approval of the Chairman shall call its meeting and fix the date, time and place of the same, notice for which shall be given to all members of the Commission at least seven days before the date of meeting.

    (2) The notice shall contain the agenda of the meeting, but any item not mentioned in the agenda may be considered with the permission of the Chairman.

    (3) The Chairman shall preside at all meetings of the Commission.

    (4) In absence of the Chairman the members present shall elect a President for the meeting.

    (5) The quorum for a meeting shall be four.

    (6) The meeting shall be adjourned for want of a quorum and no quorum shall be necessary for an adjourned meeting, but the date, time and venue therefore shall be notified at the time of adjournment of which fresh notice shall be given to all members.

    (7) The Secretary to the Commission shall keep a brief record of the proceedings of each meeting in English and shall send copies thereof to Government and all members.

    (8) The Commission may meet at such intervals an at such places in the State as may be deemed expedient but no less than [four] times in a year, to transact its business.

    (9) The Chairman of the Commission may, with the occurrence of the member, in a meeting Co.opt. any other persons for special purposes as required under Sub-section (3) of Section 53.

    (10) In the absence of the Chairman, a member of the Commission authorised by him in writing or in the absence of such authorisation, a member authorised by the Commission under a resolution to this effect shall be entitled to sign any document and act as may be necessary for the transaction of the Commission’s official business.

    (11) In case of any vacancy in the membership of the Commission, the Secretary of the Commission shall take immediate steps to move Government for appointment of a member in the vacancy.

    (12) Notwithstanding the existence of any vacancy in the membership of the Commission but subject to the provisions of these rules, all business transacted by the Commission shall be valid.

    (13) Only the Secretary to the Commission shall be competent to authenticate all communications made on behalf of the Commission:

    Provided that the Chairman of the Commission may authorities any other person to authenticate such communication when the Secretary is absent or is otherwise unable to perform his function].
    [39A. Constitution of Local Committee and its conduct of business. – (1) [Local Committees may be constituted for each Revenue Inspector’s Circle. The Committee shall consist of four members of whom the Revenue Inspector of the Circle shall be one. Three other members shall be non-officials to be nominated by the Government or by the Officer authorised under Section 89, who shall, unless sooner replaced or unless the Committee is sooner reconstituted hold office for a period of three years.
    (2) There shall be no quorum for the meeting of the Local Committee.
    (3) the Revenue Inspector of the circle shall be the convener of the meetings of the Committee.
    (4) The Convener shall keep brief record of the proceedings of each meeting in Oriya Language.]

    [40. Application under Section 56-A. – (1) The application under Subsection (1) of Section 56-A shall be in Form No. 10.
    (2) It shall be inquired into by such person as may be authorised by the Revenue Officer.
    (3) On receipt of the enquiry report and after giving the applicant a hearing and making such further enquiry as may be necessary, the Revenue Officer shall decide if the certificate prayed for in the application should be granted.
    Provided that the certificate in respect of a person who is subject to any physical disability shall not be granted if the person has an income exceeding eight thousand rupees per annum from a source other than land.]
    [(4) The certificate to be granted by the Revenue Officer under Sub-rule (3) shall be in Form No. 11]
    41. Costs under Sub-section (2) of Section 57. – The Revenue Officer may award costs to the successful party not exceeding the total amount of the court-fees paid in the application or petition or memorandum of appeal subject to a minimum of five rupees.
    [41A. Claims before Tribunals for declaration as privileged raiyats. – Declaration of trusts as privileged raiyats under Section 57-A shall be made in the following manner :]
    [(i) A person competent to act on behalf of a trust shall made an application to the Tribunal appointed under Section 57-A stating that the Trust may be declared as a privileged raiyat in respect of the lands held by such Trust.]

    (ii) The Tribunal shall, as far as may be, follow such procedure for the disposal of applications referred to in Sub-rule (1) above as is laid down for trial of suits in the Code of Civil Procedure, 1908 (5 of 1908).

    (iii) An application by a trustee in respect of a trust under sub-Clause (e) of Clause (24) of Section 2 shall be in Form No. 20 and shall be verified in the manner prescribed for verification of a plaint under Code of Civil Procedure, 1908 (5 of 1908) by the applicant or his agent duly authorised in that behalf.

    (iv) The application shall be accompanied by three copies thereof and shall be presented to the Tribunal having jurisdiction either in person or through his authorised agent or sent by registered post with acknowledgement due.

    [(v) A copy of the application received by the Tribunal shall be sent to-

    (a) Endowment Commissioner, if the Trust belong to a Hindu Religious Institution;

    (b) Board of Wakfs, if the same belongs to a Muslim Wakf; and

    (c) The Collector of District in other case, inviting objection from them, if any]

    (vi) A copy shall also be published at a conspicuous place of the village or villages where the Trust is situated, inviting objections from the persons interested.

    (vii) Objections, if any, under [clauses (v) and (vi)] shall contain th grounds on which the objector relies and shall be filed in triplicate within thirty days from the date of publication of the application.

    [(viii)Copies of the objection petition shall be sent by the Tribunal to the Endowment Commissioner or the Board of Wakfs or the Collector of the District as the case may be, and to the Trustee concerned.

    (ix) After the receipt of objections, the Tribunal shall fix a date for hearing and shall give notice thereof to the parties concerned and also to the Endowment Commissioner or Board of wakfs or the Collector, as the case may be, in case such Commissioner or Board or Collector is not already impleaded as a party.

    (x) Upon the declaration of the Trust as privileged raiyat or the rejection of his claim in that behalf, the Tribunal, shall as soon as may be, intimate the fact to the Collector of the District.]

    [42. An appeal under Sub-section (1) of Section 58. – An appeal under Section 58 shall lie to –
    (1) The Sub-divisional Officer or an officer specially appointed by Government in this behalf who is suitable for appointment as Sub-divisional Officer if the order appealed against was passed by a Revenue Officer below the rank of a Sub-divisional Officer and is against any order other than an order passed under Sections 22, 23 and 23-A of the Act and any appeal against any such order pending on the date of commencement of the Orissa Land Reforms (General) (Amendment) Rules, 1980 shall be transferred to the Sub-divisional Officer for hearing and disposal.

    (2) The Additional District Magistrate of the District or an Officer specially appointed by Government in this behalf who is suitable for appointment as Additional District Magistrate if the order appealed against was passed by a Revenue Officer not below the rank of Sub-divisional Officer or against an order passed under Sections 22, 23 and 23-A :

    Provided that any such appeal pending on the date of commencement of the Orissa Land Reforms (General) (Amendment) Rules, 1980 shall be heard and disposed of as if the said rules had not come into force.]

    [42A. Any person aggrieved by an order of one Revenue Officer passed under Clause (c) of Sub-section (1) of Section 19 of the Act, read with Rule 19-A of these rules may prefer an appeal to the Settlement Officer exercising jurisdiction over that area.]

    [42B. Revision under Section 59. – (1) An application for revision under Sub-section (1) of Section 59 shall lie to –
    (i) The Additional District Magistrate or an Officer specially appointed by Government who is suitable for appointment as Additional District Magistrate if the order against which revision is filed who passed by an appellate authority under the Act below the rank of an Additional District Magistrate;

    [(ii) “The Collector of the district or an officer specially appointed by Government who is suitable for appointment as Collector of a district if the order was passed by an appellate authority under the Act of the rank of an Additional District Magistrate.”]

    Provided that any applicant for revision under Sub-section (1) of Section 59 pending on the date of commencement of the Orissa Land Reforms (General) (Amendment) Rules, 1980 shall be heard and disposed of by the Additional District Magistrate of the district or an Officer specially appointed by Government in this behalf who is suitable for appointment as Additional District Magistrate, if the appellate order against which revision is filed was passed by the Sub-divisional Officer and by the Collector, if the appellate order was passed by the Additional District Magistrate.]
    [Provided further that any application for revision under Sub-section (1) of Section 59 pending with the Collector on the date of commencement of the Orissa Land Reforms (General) (Amendment) Rules, 1982 shall be heard and disposed of by the Officer appointed by Government under Clause (ii)]

    1. Procedure for filing and disposal of appeals under Sub-section (2) of Section 58. – The procedure for filing and disposal of appeals shall be the same-as is provided under Order XLI of the Code of Civil Procedure, 1908 (5 of 1908).

    [44. Limitation for filing application for revision under Section 59. – Every application for revision under Sub-section (1) of Section 59 shall be filed within a period of thirty days from the date of the order against which such application is preferred :
    Provided that an application for revision which has been filed on or after the 19th day of May, 1976 and before the date of commencement of the Orissa Land Reforms (General) (Third Amendment) Rules, 1976 shall, if such application was filed within the prescribed period, be deemed to have been filed before the Revenue Divisional Commissioner, having jurisdiction and shall be heard and disposed of by him.]

    1. Manner of disposal of matters under Section 59. – (1) The provisions of Rule 43 shall mutatis mutandis apply to the filing, hearing and disposal of cases of revision before the [Additional District Magistrate or Collector as the case may be.]
      (2) The [* * *] hearing and disposal of cases of revision before the Board of Revenue shall be regulated by the provisions of the Board of Revenue, Orissa Regulation, 1963.

  • Fees including Court-fees under Section 62. – Unless otherwise specifically provided in these rules, the Court-fees and other fees payable under the Act shall be as mentioned in the Schedule-I.

  • Application for delivery of possession under Sub-section (1) of Section 65. – (1) An application under Section 65 for delivery of possession shall be accompanied by a certified copy of the order in pursuance of which delivery of possession is applied for.
    (2) No direction for delivering possession of land shall be issued by the Revenue Officer without giving the parties interested a reasonable opportunity of being heard.

  • Power of enter upon land under Section 72. – (1) Any officer entrusted with the performance of any duty under the Act may enter upon any land by giving reasonable and prior intimation to the owner or occupier of the land or any adult member of his family not being a pardahnashin lady.
    (2) If the owner or occupier of the land or any other person on his behalf is not available, the entry to the land may be made in the presence of two persons.
    (3) The signature of the owner or occupier or any person on his behalf or the two persons as the case may be, may be taken on the records of measurement or other act done.

  • Saving in regard to the form of application. – No document made under the Act or under these Rules shall be void merely because it is not in the prescribed form provided that all materials and particulars provided in the form are given in the document.

  • Savings as regards to language of application, notice, etc. – All documents, under the act or under these rules shall be in English or in the Court language.

  • Repeals. – The Orissa Land Reforms Rules, 1961, are hereby repealed.

    • [Schedule-I]

    [See Rule 46]

    Fees payable under the Act and the Rules

    Serial No.

    Application, Memorandum etc. in respect of which fee is payable

    Officer before whom to be filed or person to whom to be given

    Fees to be charged

    (1)

    (2)

    (3)

    (4)

    1.

    		 Application or petition generally not otherwise provided in this Schedule Appropriate officer or authority as mentioned in the Act, or these rules Rs. 10.00

    2.

    		 Application or petition for payment of compensation for surplus land under Chapter IV of the Act Authority competent to make payment Nil

    3.

    		 Memorandum of appeal Authority competent to hear the appeal Rs. 15.00

    4.

    		 Application for revision Authority competent to dispose of the application Rs. 20.00

    5.

    		 Vakalatnama or Mukhtarnama Filed before Board of Revenue or Collector (a) For Board of Revenue Court Rs. 20.
    (b) For Collector Court Rs. 10

    6.

    		 Fees for service of notice on opposite parties, Respondents, Defendants or for other persons or summoning witnesses in course of proceedings under the Act, or these rules Authority before whom the relevant proceeding is pending (a) Rs. 10 for not more than 4 persons and additional fees of Rs. 5 for every person i.e. excess of four.
    (b) For issue of a general notice Rs. 10.00

    7.

    		 Fees for sub-division of plots Authority before whom the proceedings in connection with which the question of subdivision arises, is pending Rs. 20.00

    8.

    		 Fee under Sub-section (3) of Section 56-A The Revenue Officer to whom the application is made under Sub-section (1) of Section 56-A Rs. 10.00

    Explanation. – All the fees payable under this Scheduled shall be paid in shape of Court-fee stamps except the fee mentioned in item 7 thereof which shall be paid in cash. The fee mentioned in item 8 of the Schedule when payable to the Gram Panchayat shall also be paid in cash.

    Appendix

    Form No. 1

    Application for being declared as a raiyat under Clause (h) of Subsection (1) of Section 4

    [See Sub-section (2) of Section 4 and Sub-rule (1) of Rule 10]

    In the Court of the Revenue Officer……………..1. Name of the applicant, his parentage and address.2. Name of the village in which the land forming the subject of this application is situated.3. Identifying particulars like survey plot number, holding number, classification, area and other details of the land in question.4. The year from which the land has been in cultivating possession of the applicant.5. The amount of rent paid in respect of each year of occupation up-to-date.6. The name, parentage and address of the landlord directly under whom the land is held.7. Any other relevant statement which, the applicant wants to make.Place……….Date…………..

    Signature of applicant or his authorised agent

    Verification

    I…………………………….. son of……………declare that the facts contained in this application are true to the best of my knowledge, belief and information.Place………..Date……………

    Signature of applicant or his authorised agent

    Form No. 2

    Application for being declared as a raiyat under Clause (i) of Subsection (1) of Section 4.

    [See Sub-section (5) of Section 4 and Sub-rule (2) of Rule 10]

    In the Court of the Revenue Officer …………….1. Name of the applicant, his parentage and address.2. Name of the village in which the land forming the subject of this application is situated.3. Identifying particulars like survey plot number, holding number, classification, area and other details of the land in question.4. The name, parentage and address of the landlord directly under whom the land is held.5. Any other relevant statement which, the applicant wants to make.Place…………Date………….

    Signature of applicant or his authorised agent

    Verification

    I, …………. son of………………….. declare that the facts contained in this application are true to the best of my knowledge, belief and information.Place ……….Date …………..

    Signature of applicant or his authorised agent

    Form No. 3

    Notice of landlord giving particulars of transfer of a holding of a raiyat or a portion or share thereof

    [See Sub-section (5) of Section 11 and Sub-rule (1) of Rule 14]

    To

    Shri………………………………………………

    Take note that transfer has been effected of the raiyati land specified below :1. Description and area of the land transferred with its annual rental.

    Tahasil

    Name and number of village

    Holding number

    Survey Plot No.

    Area transferred (where a portion of the entire plot has been transferred, area of that portion be given)

    Annual rent of the area (where a portion has been transferred, proportionate annual rent relating to that portion)

    Remarks

    1

    2

    3

    4

    5

    6

    7

    1. Mode of transfer whether by voluntary sale, exchange, gift, bequest or sale in execution of a decree in Civil/Revenue Court.3. Name of Registration Office where registered, Registration Volume No., Page No., Deed No., and year:4. I decreed in Court or ordered by a Revenue Officer particulars of the year and number of the case, suit, execution proceedings etc.5. Name and address of the transferor-6. Name and address of the transferee-7. The name and address of the landlord-Signature of TransferorItem 1 to 6 verified by………………..

    Signature of transferee

    N.B. – A separate notice should be filed for each village, if the transfer relates to more than one village.

    Note. – The particulars required in Item No. 3 are to be filled in by the Registering Officer.

    Form No. 4

    Notice of partition of a holding made by a registered instrument

    [See Sub-section (2) of Section 19 and Sub-rule (1) of Rule 20]

    Shri………………………………………… landlordAddress………………………………………………………………..We have effected partition among us in respect of the land given below :

    Particulars of land District……………Tahasil……………..
    Village………..Thana No……………
    Khata No…………..Survey Plot No…………
    Status of land……………

    The particulars of partition are shown below :

    Name of co-sharer raiyat

    Area allotted

    Rent and cess demanded

    Remarks

    Survey Plot No.

    Area

    1

    2

    3

    4

    5

    Signature of Co-sharer/Raiyat

    Form No. 5

    Notice of partition of a holding made by a decree of a Court

    [See Sub-section (4) of Section 19 and Sub-rule (1) of Rule 21]

    From

    The Court of…………

    To

    The Revenue Officer…………….

    Sir,Partition has been effected in the decree of this Court in suit No……………of the year………in respect of the land given in the Schedule A appended A list of the lands allowed to each share is shown in Schedule B.

    Schedule “A”

    Particulars of land District……………. Tahasil…………………..
    Village…………….. Thana No……………….
    Khata No…………. Survey Plot No…………
    Status of land…….

    Schedule – “B”

    Name of co-sharer raiyat

    Area allotted

    Rent and cess demanded

    Remarks

    Survey Plot No.

    Area

    1

    2

    3

    4

    5

    Seal……………

    Signature of Presiding Officer
    of the Court
    Date…………………

    [Form No. 5-A]

    Notice of partition of a holding made by an order of the Revenue Officer

    [See Sub-section (6) of Section 19 and Rule 21-A]

    From

    The Court of………….

    To

    The Tahasildar/Sub-Registrar…………….

    Sir,

    Partition has been effected by order, dated ……….. of this Court in case No………….more of the year in respect of the land given in the Schedule “A” appended. A list of the lands allowed to each share is shown in Schedule B.

    Particulars of Land

    Schedule “A”

    District……………. Tahasil…………………..
    Village…………….. Thana No……………….
    Khata No…………. Survey Plot No…………
    Status of land…….

    Schedule “B”

    Name of co-sharer raiyat

    Area allotted

    Rent and cess demanded

    Remarks

    Survey Plot No.

    Area

    1

    2

    3

    4

    5

    Signature of the Presiding Officer of the Court
    Date………………..

    Form No. 6

    Application by landlord for determining the resumable and the non resumable Lands

    [See Sub-section (1) of Section 26 and Sub-rule (1) of Rule 23]

    In the Court of the Revenue Officer …………………..

    1. Name of the applicant, his parentage and address………………………….2. Name of the village in which the land forming the subject of this application is situated………………….3. Identifying particulars like survey plot number, holding number, classification, area and other details of both the resumable and non-resumable lands……………………………………4. Name of the tenant from whom land is proposed to be resumed, his parentage and address……………………5. Identifying particulars of the land selected by the applicant for resumption………………….6. Any other relevant statement which the applicant wants to make………………Place………….Date…………..

    Signature of applicant or his authorised agent

    Form No. 7

    Application by tenant for issue of a certificate determining the resumable and the non-resumable lands

    [See Sub-section (2) of Section 26 and Sub-rule (1) of Rule 24]

    In the Court of the Revenue Officer……………

    1. Name of the applicant, his parentage and address…………………………………2. Name of the village in which the land forming the subject of this application is situated………………………3. Identifying particulars like survey plot number, holding number, classification, area and other details of the land in possession of the applicant………………4. The name, parentage and address of the landlord in respect of the land in question.5. Any other relevant statement which, the applicant wants to make.Place………….Date…………..

    Signature of applicant
    or his authorised agent

    Form No. 8

    Certificate specifying the resumable and the non-resumable lands

    [See Sub-section 29 and Sub-rule (1) of Rule 26]

    In the court of the Revenue Officer………………………………………..

    This is to certify under section 29 of the Orissa Land Reforms Act, 1960 that the lands described in the Schedule A below have been determined as resumable by Sri……………………… son of…………………………………….. of village ……………….. from Shri………………………………………….. son of………..of village………….and that the lands described in Schedule B below have been determined as non-resumable in respect of which the said Shri……………………………son of of village……………….shall become a raiyat under the provisions of Section 30 of the aforesaid Act.

    Schedule “A”

    (Here give full identifying particulars of the resumable lands)

    Schedule “B”

    (Here give full identifying particulars of the non-resumable lands) Given under my hand and seal, this the day of 20…………………..

    Seal

    Revenue Officer

    Form No. 9

    Draft [* * *] Assessment Roll

    [See Sub-section (1) of Section 48 and Rule 35]

    1. Name, parentage and address of the person entitled to [an amount] under Sub-section (2) of Section 47…………2. Name of the village in which the surplus land is situated………….3. Number of each survey plot of the surplus land……………4. Classification of the land contained in each survey plot …………..5. Its area-

    (1) in terms of ordinary acres

    (2) in terms of standard acres

    1. Total extent of the surplus land in standard acres…………..7. Name and address of the land-holder if any, mediately or immediately under whom the surplus land is held…………….8. Rent payable to each land-holder mentioned in column 7……………..9. Amount payable under Sub-section (1) of Section 47 to each entitled person……..10. Amount payable under-

    (1) Clause (a) of Sub-section (2) of Section 47.

    (2) Clause (b) of the said Sub-section

    (3) Clause (c) of the said Sub-section

    1. Total [amount] payable under Sub-section (2) of Section 47.12. Other particulars, if any.13. Remarks.

    Form No. 10

    Application for a certificate regarding incapability to cultivate land personally

    [See Sub-section (1) & (3) of Section 56-A & Sub-rule (1) of Rule 40]

    1. Name of the applicant, his parentage and address…………….2. Reasons in detail in support of the claims for a certificate………………………3. Any other relevant fact which the applicant wishes to mention [if the application is made on the ground of physical disability…………….4. Sources of income other than land……….5. Annual income from the said sources……]Place ………….Date ………….

    Signature of applicant
    or his authorised agent or
    his guardian as the case may be

    Form No. 11

    Certificate regarding incapability to cultivate personally

    [See Sub-section (2) & (3) of Section 56-A & Sub-rule (4) of Rule 40]

    ……………..[* * *]………………………………………Court of the Revenue Officer……………………………………………………This is to certify that Shri son of………..of village……………in Tahasil……….is incapable of cultivating his lands personally because of the fact that he is (here record the exact person)

    [* * *]

    Date………………………Seal………………..

    ……………..
    Revenue Officer

    [Form No. 12]

    Return to be submitted by Raiyats and Land-holders regarding lands held in excess of ceiling areas

    [See Section 40-A and Rule 28]

    1. Name/Father’s name of the person filing the return………….2. Address ……………3. No of members with family (that is) husband, wife and children……………..

    Part-I

    Particulars of lands held and lands selected to be retained

    Serial No.

    Name of raiyat or land-holder and names of members of his family owning lands

    Name of village/ villages

    Particulars of land owned

    Khata No.

    Plot No.

    Area in acres

    Classification according to record-of-rights

    Sources of irrigation, if any

    Area of land under Class I Class II, Class III and Class IV

    Total area in standard acres

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    Particulars of land transferred or partitioned after 26.9.1970

    Khata No.

    Plot No.

    Area in acres

    Classification of land according to record-of-rights

    Sources of irrigation, if any

    Areas of land under Class I, Class II, Class III and Class IV

    Total area in standard acres

    11

    12

    13

    14

    15

    16

    17

    Particulars of land transferred after the commencement of the Orissa Land Reforms (Amendment) Act, 1973 with or without the permission of the Revenue Officer

    Khata No.

    Plot No.

    Area in acres

    Classification of land according to record-of-rights

    Sources of irrigation, if any

    Areas of land under Class I, Class II, Class III and Class IV

    Total area in standard acres

    18

    19

    20

    21

    22

    23

    24

    Lands claimed as privileged raiyats

    Lands Claimed for exemptions as plantation

    Khata No.

    Plot No.

    Classification

    Area in acres

    Khata No.

    Plot No.

    Classification

    Area in acres

    25

    26

    27

    28

    29

    30

    31

    32

    Land claimed for exemption for industrial or commercial undertakings, mills, factories or workshops

    Lands claimed for exemption as Agricultural University as Veterinary College, Agricultural School, Agricultural Research Institute

    Khata No.

    Plot No.

    Classification

    Area in acres

    Khata No.

    Plot No.

    Classification

    Area in acres

    33

    34

    35

    36

    37

    38

    39

    40

    Lands in possession of tenant and mortgagees

    Lands covered by homesteads

    Khata No.

    Plot No.

    Classification

    Area in acres

    Khata No.

    Plot No.

    Classification

    Area in acres

    41

    42

    43

    44

    45

    46

    47

    48

    Tanks and their embankments

    Particulars of land selected to be retained

    Khata No.

    Plot No.

    Classification

    Area in acres

    Khata No.

    Plot No.

    Classification

    Area in acres

    Area in standard acres

    Remarks

    49

    50

    51

    52

    53

    54

    55

    56

    57

    58

    Part II

    Particulars of land involved in resumption proceedings under Chapter-III of the Orissa Land Reforms Act, 1960 under Mutation proceedings or subjudice in Civil Court

    Name of village/ Villages

    Khata No.

    Plot No.

    Classification

    Area in acres

    Area in standard acres

    Nature of proceeding

    Remarks

    1

    2

    3

    4

    5

    6

    7

    8

    Place……….Date………..

    Signature of the Land-holder/raiyat or his authorised agent

    I………………………… son of………………. declare that the fact contained in this return are true to the best of my knowledge, belief and information.Place……….Date ………

    Signature of the Land-holder/raiyat or his authorised agent

    Acknowledgment

    Received the return under Section 40-A of the Orissa Land Reforms Act, 1960 from Shri…………………………in respect of his family/firm/factory in respect of the following villages :

    1. Village P.S. Khatian No.
    2. Village P.S. Khatian No.
    3. Village P.S. Khatian No.

    Signature of the Receiving Officer
    Date……………………………

    [Form No. 13]

    Statement showing ceiling surplus lands

    [See Rule 29]

    1. Name and father’s name of the land-holder/raiyat ……………2. Address-Village…………….. P.S…………… P.O…………… District…………..

    Serial No.

    Name of raiyat or land-holder and names of members of his family owning lands

    Name of village/ villages

    Particulars of land owned

    Including lands held by tenants and mortgagees

    Sources of irrigation, if any

    Area of land under Class I Class II, Class III and Class IV

    Total area in standard acres

    Khata No.

    Plot No.

    Area in acres

    Classification according to record-of-rights

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    Particulars of land transferred or partitioned after 26.9.1970

    Khata No.

    Plot No.

    Area in acres

    Classification of land according to record-of-rights

    Sources of irrigation, if any

    Areas of land under Class I, Class II, Class III and Class IV

    Total area in standard acres

    11

    12

    13

    14

    15

    16

    17

    Particulars of land transferred after the commencement of the Orissa Land Reforms (Amendment) Act, 1973 with or without the permission of the Revenue Officer

    Khata No.

    Plot No.

    Area in acres

    Classification of land according to record-of-rights

    Sources of irrigation, if any

    Areas of land under Class I, Class II, Class III and Class IV

    Total area in standard acres

    18

    19

    20

    21

    22

    23

    24

    Particulars of lands claimed as privileged raiyats

    Particulars of lands Claimed for exemptions as plantation

    Khata No.

    Plot No.

    Classification

    Area in acres

    Khata No.

    Plot No.

    Classification

    Area in acres

    25

    26

    27

    28

    29

    30

    31

    32

    Particulars of land claimed for exemption for industrial or commercial undertakings, mills, factories or workshops

    Particulars of lands covered by homesteads

    Particulars of lands covered by tanks

    Khata No.

    Plot No.

    Classification

    Area in acres

    Khata No.

    Plot No.

    Classification

    Area in acres

    Khata No.

    Plot No.

    Classification

    Area in acres

    33

    34

    35

    36

    37

    38

    39

    40

    41

    42

    43

    44

    Particulars of lands to be retained within the ceiling limit

    Particulars of lands in excess of the ceiling

    Khata No.

    Plot No.

    Classification according to record-of-rights

    Area in excess

    Area of lands under Class I, Class II, Class III and Class IV

    Total area in standard acres

    Khata No.

    Plot No.

    Classification

    Area in acres

    Remarks

    45

    46

    47

    48

    49

    50

    51

    52

    53

    54

    55

    [Form No. 13A]

    Statement showing ceiling surplus lands which is have escaped ceiling proceedings

    [See Rule 33-A]

    1. Name and Father’s name of the land-holder/raiyat2. Address -Village……….               PS………………..P.O…………..               District…………..

    Reference to the Original ceiling case

    Serial No.

    Name of raiyat or landholder

    Name of village/ villages

    Reference to the original final statement under Sub-section (3) of Section 44. Ceiling Case No./ Year.

    Total area allowed towards ceiling in original ceiling case referred to in column 4 (Area in acres and standard acres).

    Total area declared as surplus in original ceiling case (Area in acres and standard acres)

    Date of vesting of surplus lands referred to in column 6.

    1

    2

    3

    4

    5

    6

    7

    Particulars of lands not taken into account in original ceiling case referred to in column 4 and required to vest in Government under Section 45-B.

    Date of delivery or taking over possession of surplus lands referred to in column 7

    Khata No.

    Plot No.

    Classification of land according to record-of-rights

    Source of Irrigation if any

    Area of land under Class I, Class II, Class III and Class IV

    Total area in standard acres

    8

    9

    10

    11

    12

    13

    14

    Signature of the Revenue Officer
    Date……………………

    [Form No. 14]

    Order of Revenue Officer for delivery of possession of the land to the landlord or tenant under Sub-section (4) & (6) of Section 15

    [See Rule 16-A]

    To

      …………………………………………

    Whereas a notice under Sub-section (2)/(5) of Section 15 of the Orissa Land Reforms Act, 1960 was served on…………of Village………….District………………to cease to cultivate the land………………….specified in the Schedule below :to allow the tenant to enter landAnd whereas the said ……………………………………………………….has not ceased cultivation the said land…………………………… on and from………………………………….has failed to allow the tenant to enter the landYou are hereby ordered that you shall deliver possession of the said land to……………………………….of village………………. P.S. ……………….District………………………………….

    Schedule

    Seal of the Revenue Officer

    Revenue Officer

    [Form No. 15]

    Receipt in support of payment of compensation

    [See Sub-rule (7) of Rule 11 [and Sub-rule (3-B) of Rule 25]]

    (Counterfoil)
    Case No………………… Case No…………………………
    Name of the tenant………. Name of the tenant……………….
    Village………………………… Village…………………………
    P.S. ………………………….. P.S. …………………………..
    District……………………….. District………………………..
    Name and address of the landlord
    …………………………………………..    		 Name and address of the landlord
    …………………………………………..
    Village………………………… Village…………………………
    P.S. ………………………….. P.S. …………………………..
    District……………………….. District………………………..

    Description of land

    Description of land
    Plot No. ……… Khata No. …….. Plot No. ……. Khata No. ………
    Village……….. Area…………. Village……….. Area………….
    Amount of compensation money received from the tenant. Amount of compensation money received from the tenant.
    Rs. ……. (Rupees…………..only) Rs. ……… (Rupees……………only)
    The above amount of compensation has been deposited in the Court to be paid to the landlord or his co-sharers on demand by the landlord. Whereas the above named landlord refused to accept the aforesaid amount of compensation and whereas the tenant could not be able to pay the compensation to the landlord or his co-sharers, the above amount of compensation has been received by this Court from the tenant for payment to the landlord on demand.

    Revenue Officer

    		 (Seal of the Court)
    Date…………

    Revenue Officer

    [Form No. 16]

    Warrant to Officer to give possession of land

    [See Rule 22-A]

    In the Court of Revenue Officer……….Application No…………..ofName(s) and address(es) of applicant(s)………Name(s) and Address(es) of respondent(s)……..To

    Whereas the land prescribed in the schedule below has to be put into the possession of…………………….you are hereby directed to put the said person in possession of the same on the day of……………….20 ……and you are hereby authorised to remove any person bound by the order who may refuse to vacate the same. Should there be crops not ripe for immediate harvest on the land the execution shall be postponed and report of such fact shall be made.

    Given under my hand and seal this day of 20………….

    Schedule

    Date………Place……….

    Revenue Officer

    Certificate of Execution

    I…………………………………do hereby declare that the land schedule above has been put into possession of……………………on the………day of 20 …. in the presence of two witnesses described below –

    Names an addresses and their signature
    Witnesses
    1. Address…………..
    2. Address…………..

    Date………….Place…………

    Signature of the Officer executing the warrant

    I/We declare that I/We have received today possession of the land in the schedule.

    Name(s) and address(es) of the party
    receiving possession from the officer
    and the signature of such persons.

    (Countersigned)

    Date……………..Place………

    Revenue Officer

    [Form No. 17]

    [Application for being declared as a raiyat under Sub-section (1)(a) of Section 9]

    In the Court of the Revenue Officer …………..1. Name of the applicant, his parentage and address…………….2. Whether the applicant is a raiyat or a tenant of any land, if so detailed particulars of the said land ………………………3. Name of the village in which the land forming the subject of this application is situated…………4. Particulars of the land i.e. plot number, holding No., classification, are and other details of the land in question…………….5. Name, Parentage and address of the landlord owning the land mentioned in column 4 above…………….6. Any other relevant statement which, the applicant wants to make……………………Place ………….Date ………….

    Signature of applicant or his authorised agent

    Verification

    I,………………………..son of……………declare that the facts contained in this application are true to the best of my knowledge, belief and information.Place…………..Date……………

    Signature of applicant or his authorised agent

    Form No. 18

    [Application for surrender or abandonment of land by a raiyat or tenant under Sub-section (2) of Section 22-A]

    In the Court of the Revenue Officer…………1. Name of the applicant, his parentage and address…………….2. Name of the village in which the land forming the subject-matter of this application is situated…………………3. Identifying particulars like survey plot number, holding number, classification, area and other details of the land in question………………….4. Name of the landlord/landlords under whom the land is held with his parentage and address…………………..5. Amount of rent paid to the landlord……………6. Reasons for the surrender or abandonment……………..7. Any other relevant statement which the applicant wants to make…………….Place…………Date ………..

    Signature of applicant or his authorised agent

    Verification

    I,………………………son of…………………declare that the facts contained in this application are true to the best of my knowledge, belief and information.Place…………Date ………..

    Signature of applicant or his authorised agent

    [Form No. 19]

    Application by tenant for determining his non-resumable lands

    [See Rule 36-A]

    In the Court of the Revenue Officer ……………1. Name of the applicant, his parentage and address…………..2. Name of the village in which the land forming the subject-matter of this application is situated…………………..3. Identifying particulars like survey plot number, holding number, classification, area and other details of the land in possession of the applicant………………4. Name, parentage and address of the landlord in respect of the land in question ……………5. Any other relevant statement which the applicant wants to make………………Place ………..Date………….

    Signature of applicant
    or his authorised agent

    Verification

    I……………son of Shri………..declare that the facts contained in this application are true to the best of my knowledge, belief and information.Place ……………Date……………..

    Signature of applicant
    or his authorised agent

    [Acknowledgement]

    Received the application in Form No. 19 under Section 36-A of the Orissa Land Reforms Act, 1960 from Shri………………. in respect of the following lands.

    (a) Name of the village…………..

    (b) Name of the Tahasil………….

    (c) Holding No…………

    (d) Plot No……………

    (e) Area………..

    (f) Name of the landlord…………….

    Signature of the Receiving Officer

    Date…………………

    [Form No. 20]

    Form of application for declaration as religious or charitable trust of public nature under Section 57-A

    To……………………………………………………….Sir,

    I,…………………. trustee/I………..authorised agent of trustee son of resident of village/town … thana … district of trust beg to state that trust particulars of which are furnished in the Schedule below is a religious/charitable trust of public nature within the meaning of sub clause (e) of clause (24) of Section 2 of the Orissa Land Reforms Act 1960, (Act 16 of 1960) and as such [the trust may be declared to be a religious/charitable trust of a public nature for the purpose of the said section.]

    Schedule

    1. Name of the trust2. Name of the district or P.S. in which the trust is situated3. Touzi No./Khewat No./Khata No.4. Particulars of villages/lands comprised in the trust5. A short history of the creation of the trust6. The purpose for which the trust was created7. If the trust comprises part of a village, or villages the details of plot numbers with area of each plot in village8. Amount of pecuniary benefit, if any, reserved, in favour of the individual and the particulars thereof.Date …………………

    Signature of the Trustee or
    is authorised agent

    Verification

    I, Shri……………..son of Shri……………….resident of…………..P.S…………..District…………trustee/authorised agent of trust declare that the facts contained in the above application including Schedule thereto are true to the best of my knowledge, belief and information.

    Signature of the applicant

    Place………

    Date……….

    [Form No. 21]

    Certificate recognising raiyati right on homestead land

    [See Section 9(1-A) Sub-rule (4) of Rule 13]

    Court of the Revenue Officer…….

    This is to certify that under Sub-section (1-A) of Section 9 of the Orissa Land Reforms Act, 1960 Shri…………..son of…………….of village………..Police Station…………….P.O…………District…………….has acquired raiyati in respect of the lands described in Schedule ‘A’ below and has” become a raiyat in respect of the said lands under the provisions of sub section (1-A) of the said section.

    Schedule “A”

    Given under my land and seal, this the…………………………………………day of……………….20…..

    Revenue Officer]

    [Form No. 22]

    Register of application for the settlement of Ceiling Surplus Lands under the Orissa Land Reforms Act, 1960

    [See Sub-section (2) of Section 51 and Sub-rule (4) (b) of Rule 38-A]

    Case No.

    Name of village

    Area of ceiling surplus land available in the village

    Name and address of the applicant

    Whether the applicant belongs to Scheduled Castes or Scheduled Tribes

    Date of receiving application

    Area of land proposed to be settled with the applicant

    Date of final disposal of the application

    Area of land settled

    1

    2

    3

    4

    5

    6

    7

    [8]

    9

    N.B. – (i) 2-3 pages of the registers should be kept apart from each village according to necessity

    (ii) The application of each village should be registered chronologically in a continuous serial.

    [Form No. 23]

    Receipt of in support of payment of compensation

    [See Rule 13-A (4)]

    (Counterfoil)
    Case No………………… Case No…………………………
    Name of the tenant………. Name of the tenant……………….
    Village………………………… Village…………………………
    P.S. ………………………….. P.S. …………………………..
    District……………………….. District………………………..
    Name and address of the landlord
    …………………………………………..    		 Name and address of the landlord
    …………………………………………..
    Village………………………… Village…………………………
    P.S. ………………………….. P.S. …………………………..
    District……………………….. District………………………..

    Description of land

    Description of land
    Plot No. ……… Khata No. …….. Plot No. ……. Khata No. ………
    Village……….. Area…………. Village……….. Area………….
    Amount of compensation money received from the tenant. Amount of compensation money received from the tenant.
    Rs. ……. (Rupees…………..only) Rs. ……… (Rupees……………only)
    The above amount of compensation has been deposited in the Court to be paid to the landlord or his co-sharers on demand by the landlord. Whereas the above named raiyat/ tenant could not be able to pay the compensation to the landlord or his co-sharers, the above amount of compensation has been received by this Court from the raiyat/tenant for payment to the landlord on demand.

    Revenue Officer

    		 (Seal of the Court)
    Date…………

    Revenue Officer

    [Form No. 24]

    Notice to tenant given particulars of transfer of a holding or a portion or share thereof

    [See Sub-section (2) of Section 14 and Rule 15-A]

    To

    Shri ……………………………………….S/o……….. of village …………………… P.S…………….in the district of……………

    Take notice that transfer is proposed to be effected of my raiyati land specified below :1. Description and area of the land proposed to be transferred with its annual rental…………….

    Tahasil

    Name and No. of village

    Holding No.

    Survey Plot No.

    Area proposed to be transferred (where a portion of the entire plot is proposed to be transferred, area of that portion should be given)

    Annual rent of the area (where a portion is proposed to be transferred proportionate annual rent relating to that plot should be given)

    Remarks

    (1)

    (2)

    (3)

    (4)

    (5)

    (6)

    (7)

    1. Name and address of the landlord (persons under disability)3. Name and address of the person to whom the land is proposed to be transferred.

    Signature of the landlord (person under disability)

    [Form No. 25]

    Application of a raiyat for conversion of agricultural land for non-agricultural purposes

    [See Rule 12-A (1)(a)]

    To

    The Authorised Officer…………

    1. Name of the raiyat…………..2. Father’s/Husband’s name…………..3. Address………….4. Specific purpose for which the land will be utilised after conversion5. Particulars of land –

    (a) Holding Number

    (b) Plot Number

    (c) Area

    (d) Classification and status as per current R.O.R.

    (e) Village with Thana Number

    (f) Others, if any

    1. Whether land is situated in any area within one-half Km. on either side of a National Highway/one-fourth Km. on either side of, State Highways, if so, the details thereof………………..7. Whether the land situated in a Municipal/N.A.C./Developing area/Rural area, if so, the details thereof…….8. Date from which the land is intended to be used/already used for non-agricultural. purpose………………….9. Source of ownership………………..10 Approximate market value of the land………………..

    Signature of the applicant

    Date:………………….

    Form No. 26

    [See Rule 12-A (1) (b)]

    To

      The Development AuthorityThe Town Planning AuthorityThe Improvement Trust

    Subject – Application for conversion of agricultural land for non-agricultural purposes

    O.L.R. Case Ref. No.

    The enclosed application has been received under Section 8-A of the Orissa Land Reforms Act, 1960 for conversion of agricultural land for non-agricultural purpose as provided in Rule 12-A(1)(c) of the Orissa Land Reforms (General) Rules, 1965. You are hereby called upon to scrutinise this application and intimate if the proposed conversion will violate any master Plan/Improvement Scheme/Development Plan or Town Planning Scheme, made or published under the Orissa Development Authorities Act, 1986 or under the Orissa Town Planning Improvement Trust Act, 1956 which is applicable to the area in question and furnish such opinion as may be considered appropriate, within thirty days from the date of receipt of this notice.

    In case no response is received from you within the period stipulated above, it shall be deemed that you have no objection to the conversion applied for.

    Signature and Seal of the Authorised Officer

    Form No. 27

    Standard Form of lease deed for lease of agriculture lands for non- agricultural purpose

    [See Rule 12-A (5)]

    This Indenture made on this day of 20 … between Governor of Orissa (hereinafter called for “Lesser” which expression shall, where the context so admits or implies, includes his successors in office and assignees) of the one part.

    And

    Shri/Smt………………………….son/wife of………………………aged………year, resident of village…………….P.S…………..Tahasil………….District……….(hereinafter called the “Lessee” which impression shall where the context so admits or implies includes his/her heirs, executors, administrators and assignees) of the other part.Now This Indenture Witnesseth that in consideration of the sum of Rs………….(Rupees……..) paid before the execution hereof (the receipt where of the lesser hereby admit and acknowledges) the lesser doth hereby grant and lessee doth hereby accept a lease for the purpose of on the land specified in the schedule below subject to the terms and conditions mentioned below :1. The lessee shall pay annually to the Tahsildar or such other officer authorised by him/her to receive the same as land revenue for his/her holding a sum of Rs………till it is revised under Clause 2.2. The land revenue of the holding shall be liable to enhancement at the end of each (20) twentieth year or at the time of general revision if land revenue of the area during the course of settlement operation, whichever is earlier.3. The lessee shall not use the holding its premises for any purpose other than the purpose for which the lease is granted.4. The lessee shall hold the land in perpetuity with heritable and transferable right.5. The transferee, if any, shall be deemed to hold the land under the same terms and conditions under which this lease is being granted.6. if the site is used for any purpose other than that for which this lease is being granted, the Tahsildar after giving one month’s notice to the party and after hearing him, if satisfied, shall determine the lease where upon the land shall vest in Government free from all encumbrances and the Tahsildar shall have the right to re-enter immediately on the land on behalf of the lessor and taken possession of the site.7. In the event of re-entry by the Tahsildar in pursuance of Clause 6, the lessee shall not be entitled to refund of any premium paid by him and shall not also be entitled to any compensation whatsoever from the lessor for any improvements or construction effected or made by him.8. In the event of re-entry under Clause 6, the lessee shall be entitled to remove the materials collected and construction made, if any, from the land at his cost within fifteen days of such re-entry failing which the Tahsildar shall be entitled to cause such materials of constructions removed at the cost of the lessee and to sell the same by auction. The lessee will, in that event, be entitled only to the balance of the sale proceeds after deduction of the costs and arrears of rent, if any.9. Notwithstanding the untimely termination of the lease in accordance with clause 6, the lease shall be liable for the land revenue fixed for his/her holding till the date of re-entry.10. The lessee shall keep the boundaries of his/her holding unaltered and well defined and point them out to any officer or person duly authorised by the Tahsildar in writing to inspect the same, when so ordered by him.11. If at any time the lessee is found to be in occupation of excess land belonging to Government than what is covered by the lease, the Tahsildar shall be at liberty to dispossess him/her summarily after notice in writing from the said excess land held and dispose of it as he thinks proper and the lessee shall be liable to pay assessment, penalty and fine as provided under the Orissa Prevention of Land Encroachment Act, 1972.12. In the case of any intestate succession on the lessee’s death or that of any subsequent holder holding wholly or partly hereunder, the successor shall give notice of his/her succession and the manner thereof, and apply to have his/her name entered in the Record of Rights within six months from the date of death of the person whom he/she has succeeded. No transfer fee shall be payable in such a case but it shall be incumbent upon such successor to present to the Collector an application for mutation of his/her name bearing Court-fee as prescribed by law.13. The lessee shall pay all municipal and other local rates and taxes, which may be assessed upon his/her holding under any law for the time being in force whether payable by the owner or occupier.14. (Here specify other conditions, if any, ordered by the Government)

    Signature of the Authorised Officer acting in the
    premises for and on behalf of the Governor of Orissa
    In the presence of witnesses :
    1.
    2.
    Signature of the lessee
    In the presence of witnesses
    1.
    2.

    Schedule of Land

    Village…………………………… P.S………………………………
    Tahasil…………………………… District………………………..
    Khata No……………………….. Plot No ……………………….
    Area ……………………………… Boundaries……………………
    North……………………
    South……………………
    East……………………..
    West……………………..

    Schedule

    District…………………………… Tahasil………………………………
    Village…………………………… Thana………………………..
    Thana No……………………….. Khata No ……………………….
    Plot No……………………………….
    Area of the Plot under conversion……………

    Signature and seal of the Presiding
    Officer of the Court
    Date……………….

    Form No. 28

    Notice to raiyats for payment of premium for using his/her agricultural land for non-agricultural purposes

    [See Sub-rule (3) of Rule 12-A]

    FromTo

    Whereas the land described in the schedule below has been used for Industries/Commercial other non-agricultural purposes (specify the purposes) …………since………….inviolation of the provisions of Clause (c) of Subsection (1) of Section 8 of the Orissa Land Reforms Act, 1960 and whereas as per provisions of Section 8-A of the said Act, you are liable to pay premium and land revenue in respect of the land as in the schedule.

    You are hereby directed to deposit Rs………….(Rupees………………….) representing Rs…………….. as premium and Rs …………. as arrear of land revenue within a period of one month or in four quarterly instalments on …………and…………. failing which steps shall be taken to recover the above amount as arrear land revenue under the Orissa Public Demand Recovery Act, 1962.

    Schedule of Land

    The Orissa Land Reforms Act, 1960

    Posted on by in CIVIL and tagged .

    Orissa Act No. 16 of 1960

    Published vide Orissa Gazette Extraordinary No, 705/11.11.1960.

    An Act to reform the law relating to land tenures and to provide for matters connected therewith or incidental thereto.

    Whereas it is necessary to enact a progressive legislation relating to agrarian reforms and land tenures consequent on the gradual abolition of intermediary interest;

    And Whereas it is expedient to confer better rights on agriculturists to ensure increase in food production in the manner hereinafter appearing;

    It is hereby enacted by the Legislature of the State of Orissa in the Eleventh Year of the Republic of India as follows :

    1. Short title, extent and commencement. – (1) This Act may be called the Orissa land Reforms Act, 1960.
    (2) It extends to the whole of the State of Orissa.
    (3) It shall come into force in whole or in part, on such date or dates as the Government may from time to time by notification appoint; and different dates may be appointed for different provisions of this Act.

    2. Definition. – In this Act unless there is anything repugnant in the subject or context –

    (1) “agriculture” includes the raising of crops, grass or garden produce, horticulture, dairy farming, breeding and keeping of livestock and use of land as pasture or for forest or for any other purpose where such use is ancillary to agriculture;

    (2) [* * *]

    (3) “Armed Forces” means Military, Naval of Air Force of the Union;

    [(3-a) “authorised officer” means an officer appointed as such by the State Government for the purpose of Section 8-A;]

    (4) “basic holding” means an area of land measuring [two] standard acres;

    Note. – One acre is equal to 0.4047 hectre.

    [(5) “ceiling area” means the extent of land which a raiyat or landholder shall be entitled to hold under Section 37-A;]

    (5-A) “classes of land” means –

    Class I – Irrigated land in which two or more crops (i) were in any year within a period of three years before the commencement of the Orissa Land Reforms (Amendment) Act, 1973, (President’s Act 17 of 1973) grown or (ii) can be grown in a year;

    Class II – Irrigated land in which not more than one crop (i) was, in any year within a period of three years before the commencement of the Orissa Land Reforms (Amendment) Act, 1973, (President’s Act 17 of 1973), grown or (ii) can be grown in a year;

    Class III – Land, other than irrigated land, in which paddy (i) was, in any year within a period of three years before the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973), grown or (ii) can be grown in a year;

    Class IV – Any other land;

    Explanation. – For the purposes of this clauses tanks, coconut gardens and orchards (except orchards growing babana), shall deemed to be Class III land.
    (6) “Collector” means the Collector of a district or any other officer appointed by the Government to discharge all or any of the functions of Collector under this Act;

    (7) “commencement of the Act” in relation to any provision means the date specified in respect of that provision in a notification under Sub-section (3) of Section 1;

    (8) “District Executive Committee” means the Committee constituted under Section 55;

    (9) [* * *]

    [(9-a) “fair and equitable rent in respect of any land” means cash rent payable by raiyats for similar lands with similar advantage in the vicinity;]

    (9-b) “fair rent” in respect of one acre of Class I, Class II, Class III or Class IV land means respectively eight, six, four or two standard mounds of paddy or the cash equivalent thereof;

    [Explanation I – The cash equivalent of paddy shall be calculated on the basis of the market-value of paddy as may be declared every year with respect to different areas by Government by notification in that behalf]-;
    [Explanation II – For the purposes of conversion, one maund shall be equal to 37, 3242 Kilograms;]

    (10) “Government” means the State Government of Orissa;

    (11) “holding” means a parcel or parcels of land forming the subject of a separate tenancy;

    [(12) “homestead” means any land, whether or not recorded as such, ordinarily used as house-site, ancillary or incidental to agriculture;]

    [(13) “irrigated land” means land which is assured of irrigation from an irrigation project constructed or maintained or improved or controlled by the Central Government or the State Government or by a body corporated established under any law for the time being in force and includes land which is assured of irrigation from any private source by means of [* * *] lift irrigation from any perennial water source operated by diesel or electric power, but does not include continually water-lodged lands or sand cast lands;]

    [(14) “land” means land of different classes used or capable of being used for agricultural purposes and includes homestead;]

    (15) “Land Commission” means the Land Commission constituted by the Government under Section 53;

    (16) “land-holder” means all holders or owners of interest in land between the raiyat and the State and a Proprietor, Sub-proprietor, Malguzar, Thikadar, Gountia, Tenure-holder, Under-tenure-holder and includes an Inamdar, Jagirdar, Zamindar, Illaquadar Kharposhdar, Parganadar, Sarbarakar and Maufidar;

    (17) “landlord” means a person immediately under whom land is held by a raiyat or a tenant;

    Explanation I. – A raiyat or a tenant shall be deemed to be a landlord in relation to the tenant or tenants immediately under him;
    Explanation II. – Government shall be deemed to be landlord in respect of the lands held directly under them either by a raiyat or a temporary lessee or a tenant;

    (18) “Land Reforms Commissioner” means the Land Reforms Commissioner appointed by the Government;

    [(18-a) “local Committee” means the local Committee constituted under Section 55;]

    (19) “minor” means a person who has not attained the age of majority under the Indian Majority Act, 1875 (Act 9 of 1875);

    [(20) [* * *]

    [(21) “person under disability” means –

    (a) a widow, or an unmarried woman or a woman, who is divorced or separated from her husband by a decree or order of a Court or under any custom or usage having the force of law, or

    (b) a minor, or

    (c) a person incapable of cultivating land by reason of some mental or physical disability; or

    (d) a serving member of the Armed Forces, or

    [(e) a raiyat the total extent of whose lands held in any capacity whatsoever does exceed three standard acres; or]

    (f) a raiyat the total extent of whose lands held in any capacity whatsoever for personal cultivation after the disposal of proceedings, if any, under Chapter-III [does not exceed three standard acres] Provided that in the case of a person covered by any of the Sub-clauses (a), (b) or (e) a certificate has been obtained in accordance with the provisions of this Act, to the effect that such person is incapable of cultivating the land personally :

    [Provided further that a certificate as aforesaid shall not be granted to a person who is subject to any physical disability if he has any source of income (other than land) as may be prescribed;]

    Explanation. – In computing the extent of lands for the purposes of Sub-clause (e) or (f) lands covered by homestead, orchards and tanks shall not be taken into account.

    (22) “personal cultivation” with its grammatical variation and cognate expressions means to cultivate on one’s own account-

    (a) by one’s own labour; or

    (b) by the labour of any member of one’s family; or

    (c) by servants or hired labour on wages, payable in cash or kind, but not in crop-share, under one’s personal supervision or the personal supervision of any member of one’s family;

    [Explanation. – ‘Family’ in relation to an individual, means the individual, the husband or wife, as the case may be, of such individual and their children, whether minor or major;]

    (23) “prescribed” means prescribed by rules made by the Government under this Act;

    [(24) “privileged raiyat” means –

    (a) a Co-operative Society registered or deemed to be registered under the Orissa Co-operative Societies Act, 1962 (Act 2 of 1962) and includes a Land Development Bank and the State Land Development Bank as defined in that Act;

    (b) “Lord Jagannath” at Puri and his Temple within the meaning of the Shri Jagannath Temple Act, 1955 (Act 11 of 1955);

    (c) any trust or other institution declared under this Act to have been a privileged raiyat prior to the commencement of the Orissa Land Reforms (Amendment) Act, 1973;

    (d) any trust of other institution whose estate has been declared to be a trust estate by a competent authority under the Orissa Estate Abolition Act, 1951 (Act 11 of 1952);

    (e) any other trust which is declared to be a religious or charitable trust of public nature by the Tribunal constituted under Section 57-A;and

    (f) any public financial institution;]

    [(25) “public financial institution” means –

    (i) a banking company within the meaning of the Banking Regulation Act, 1949 (Act 10 Of 1949);

    (ii) the State Bank of India constituted under the State Bank of India Act, 1955 (Act 23 of 1955);

    (iii) a subsidiary Bank within the meaning of the State Bank of India (Subsidiary Banks) Act, 1959 (Act 38 of 1959);

    (iv) a corresponding new Bank with the meaning of the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 (Act 5 Of 1970);

    (v) the Agricultural Refinance Corporation established under the Agricultural Refinance Corporation Act, 1963 (Act 10 of 1963);

    (vi) the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (Act 18 of 1964):

    (vii) the Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948 (Act 15 of 1948); and

    (viii) the Orissa State Financial Corporation established under the State Finance Corporation Act, 1951 (Act 63 of 1951);]

    (26) “raiyat” means a person who is deemed to be a raiyat as such under the provisions of this Act;

    (27) “rent” means whatever is lawfully payable or deliverable in money or in kind or in both by a tenant or a raiyat to his landlord on account of the use or occupation of the land held by him;

    (28) “Revenue Officer” means any officer appointed as such by Government to discharge any of the functions of a Revenue Officer under the provisions of this Act;

    [(29) “Scheduled Bank” means a Bank included for the time being in the Second Schedule of the Reserve Bank of India Act, 1934 (Act 2 of 1934).]

    [(30) “standard acre” means the unit of measurement of land equivalent to one acre of Class I land, one and one-half acres of Class II land, three acres of Class III land or four and one-half acres of Class IV land;

    Explanation. – For the purpose of conversion, one acre shall be equal to 0.4047 hectare;]

    (31) “tenant” means person who has no rights in the land of another but under the system generally known as Bhag, Sanja Kata or such similar expression as under any other system, law, contract, custom or usage personally cultivates such land on payment of rent in cosh or in kind or in both or on condition of delivery to that person –

    (a) either a share of the produce of such land; or

    (b) the estimated value of a portion of the crop raised on the land; or

    (c) a fixed quantity of produce irrespective of the yield from the land; or

    (d) produce or its estimated value party in any of the ways described above and partly in another;

    (32) “vested estate”, “date of vesting” and similar other expression refer to an estate which has vested in the State of Orissa under the Orissa Estates Abolition Act, 1951 (Act 1 of 1952);

    (33) “year” means the agricultural year commencing on the first day of [April];

    (34) word and expression used in this Act but not defined, shall have the same meaning as assigned to them in the Tenancy Acts, Laws, rules, regulations, customs or usages in force in any part of the State of Orissa and the Transfer of Property Act, 1882 (Act 4 of 1882), as the case may be.

    3. Act to override other laws. – Save as otherwise provided the provisions of this act shall have effect, notwithstanding anything to the contrary in any other law, custom or usage or agreement, decree or order of Court.

    CHAPTER-II

    Raiyats and tenants

    4. Raiyats. – (1) The following persons shall be deemed to be raiyats for the purpose of this Act in respect of the lands held by them namely :
    (a) persons holding lands immediately before the commencement of this Act or at any time thereafter with rights of occupancy under or within meaning any law for the time being in force;

    (b) a raiyat in the districts of Angul and Kondhamals within the meaning of the Angul Laws Regulations, 1963 (4 of 1963) and the Khondmals Laws Regulation, 1963 ( 5 of 1963) respectively;

    (c) a raiyat in a raiyatwari village in the Sambalpur or Baragarh subdivision of the district of Sambalpur within the meaning of Central Provisions Land Revenue Act, 1881 (Act 18 of 1881)

    (d) a person, who under an inamdar of an inam which is not an estate within the meaning of the Madras Estates’ Land Act, 1908 (Madras Act 1 of 1908) whether or not such inam has vested in the State in the districts of Ganjam and Koraput or the subdivision of Baliguda holds land in such inam with heritable and transferable rights therein;

    (e) the holder of a raiyatwari patta under the raiyatwari settlement in the districts of Ganjam and Koraput and in Baliguda subdivisions of Boudh district;

    (f) a person with whom land has been settled for agricultural purposes after the commencement of this Act under a lease from landholder, or under permanent lease from Government;

    (g) persons entitled to acquire rights of occupancy under Clauses (g) and (h) of Section 7 of the Orissa Merged States (Laws) Act, 1950 (Act 4 of 1950);

    [(h) subject to the provisions of Sub-Section (2), (3) and (4), persons who are temporary lessees in personal cultivation of lands in the vested estates held under Government for agricultural purposes, persons who are in personal cultivation of such lands held either mediately or immediately under such temporary lessees and the successor-in-interest of any such persons;]

    Provided that nothing in this clause shall apply to char or diara lands or lands held under the custom of Utabandi or similar other customs;
    (i) [subject to the provisions of Sub-sections (5) to (8)] persons who are [* * *] in personal cultivation of any land and recorded as sub-tenants or under-raiyats in respect of such land in the record-of-rights under any law in force in any part of the State, [and their successors-in-interest];

    [Provided that nothing in this clause shall apply to persons who are recorded as sub-tenants or under-raiyats after the 30th day of September, 1965 or to their successor-in-interest if the land in respect of which they have been so recorded belongs to a person under disability or to a privileged raiyat.]

    (2) The Revenue Officer, on an application in that behalf in the prescribed form and manner by a person referred to in Clause (h) of Sub-section (1) made not later than ninety days from the commencement of this Act or within such further period not exceeding thirty days as such officer in his discretion allows, may after such enquiry as may be necessary by order declare that such person shall be a raiyat holding immediately under Government in respect of the land held as specified in the said clause with effect from the beginning of the year next following the date of the order;

    [Provided that any such person as aforesaid, who has failed to make an application within the said period, may make such application within ninety days from the date of commencement of the Orissa Land Reforms (Amendment) Act, 1966 (Act 8 of 1967):]

    [Provided further that any such person as aforesaid who has failed to make an application within any of the periods specified in this sub-section may make such application within a period of two years from the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973) :]

    [Provided further that any such application made after the expiry of the period specified in this Sub-section and before the aforesaid date shall, for all purposes, be treated as an application filed within the period of limitation;]

    [Provided further that an application under this sub-section, may, if it relates to any land situate in an estate vested in the Government after the 30th day of September, 1965, be filed within two years from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 or the date of vesting of the estate, whichever is later.]

    [(3) While making an order under Sub-section (2) the Revenue Officer shall determine the premium in respect of the raiyat right to be so acquired to be paid to Government which shall be an amount calculated at the rate of eight hundred rupees per standard acre of the land.]

    (4) The premium determined under Sub-section (3) shall be payable in five equal annual instalments on such. dates as may be fixed by the Revenue Officer and the amount of premium or any portion thereof remaining unpaid shall be recoverable as arrears of land revenue.

    (5) The Revenue Officer, on an application in that behalf in the prescribed form and manner [by the sub-tenant or under-raiyat or the successor-in-interest], as the case may be, referred to in Clause (i) of Sub-section (1) made not later than ninety days from the commencement of this Act or within such further period not exceeding thirty days as such officer in his discretion allows, may, after such enquiry as may be necessary, by order declare such sub-tenant or under-raiyat [or successor-in-interest to be a raiyat in respect of the land referred to in the said clause with effect from the beginning of the next following the date of the order] :

    [Provided that any such sub-tenant or under-raiyat who has failed to make an application within the said period, may make such application within ninety days from the date of commencement of the Orissa Land Reforms (Amendment) Act, 1966 (Act 8 of 1967) :

    Provided further that any such sub-tenant or under-raiyat who has failed to make such application within any of the periods specified in this sub-section may make an application within a period of two years from the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973 :]

    [Provided further that any such application made after the expiry of the period specified in this sub-section and before the aforesaid date shall, for all purposes, be treated as an application filed within the period of limitation]

    [Provided further that an application under this sub-section may be made –
    (a) in the case of sub-tenants and under-raiyat who have been recorded in the record-of-rights on or after the 1st day of October, 1965, within two years from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 or the date of final publication of the record of the record-of-rights, whichever is later; and

    (b) in the case of the successor-in-interest of any recorded subtenant or recorded under-raiyat, within two years from the date of commencement of the said Act or the date of the sub-tenant or under-raiyat, whichever is later.]

    [(6) While making an order under Sub-section (5), the Revenue Officer shall determine the compensation in respect of the land which shall be an amount calculated at the rate of eight hundred rupees per standard acre of the land, to be paid by sub-tenant, under-raiyat or successor-in-interest to the person (not being the Government or land-holder) mediately or immediately under whom the land was being held prior was receiving in respect thereof and the Revenue Officer shall also apportion the compensation between the persons entitled thereto.]

    (7) The compensation determined under Sub-section (6) shall be payable in the prescribed manner in five equal instalments on such dates as may be fixed by the Revenue Officer.

    (8) The compensation or any portion thereof which remains unpaid shall be recoverable as arrears of land revenue on application to the Revenue Officer by the person entitled thereto.

    (8-a) The rights of all persons entitled to receive compensation in accordance with Sub-section (6) shall stand extinguished with effect from the date of conferment of raiyat right under Sub-section (5) and the subtenant, under raiyat or the successor-in-interest, as the case may be, shall be liable to pay fair and equitable rent to be determined by the Revenue Officer in the prescribed manner to the Government or the person, as the case may be, immediately under whom the land is held consequent on such extinguishment.
    (8-b) The Revenue Officer may also on his own motion, within the period allowed for making an application under Sub-section (2) or under Sub-section (5), take all such action and in such manner as if provided in Sub-sections (2) to (8-a) for declaring the persons or their successor-in-interest, as the case may be, referred to in Clauses (h) and (i) of Sub-Section (1) to be raiyats and the provisions contained Sub-section (2) to (8-a) shall, so far as may be, apply to proceedings under this sub-section.
    (9) With effect from the date of commencement of this Act no landlord shall be entitled to recover from his raiyat more than a fair and equitable rent and where in any case rent is paid in kind the Revenue Officer on application of either of the parties interested shall determine the fair and equitable rent in the prescribed manner and pending such determination the rent payable shall not exceed one-eight of the gross produce or the equivalent thereof.

    5. Existing rights of raiyats not to be affected. – For removal of doubts it is hereby declared that, save as otherwise provided in this Act either expressly or be necessary implication the rights in land in any area held by a person who is a raiyat within the meaning of this Act shall be in addition to and not in derogation of his rights, if any, in respect of such land under any other law relating to land tenures including any law relating to landlord and tenants or custom or usage for the time being in force in such area and applicable to such raiyat.

    6. Rights of raiyats and prohibition of letting. – (1) The rights of a raiyat in any land held by him as such shall be permanent heritable and transferable.
    (2) Notwithstanding anything in Sub-section (1) but subject to the provisions of Sub-section (3) a transfer after the commencement of this Act by way of a lease of any land held by a raiyat shall be void and inoperative.
    (3) It shall be lawful for a raiyat who is a person under disability or is privileged raiyat to lease out his lands to any tenant.

    [6A. Temporary ban on transfer of land settled by Government. – (1) Notwithstanding anything contained in Sub-section (1) of Section 6, but subject to the provisions of Sub-section (3) thereof any transfer by a raiyat of any land which has been settled with him for agricultural purpose under a permanent lease from Government shall, if such transfer is made within [a period of ten years] from the date of such settlement without obtaining the previous permission in writing of the Revenue Officer, be void.
    (2) No right, title or interest held by a raiyat in any such land as aforesaid shall, unless permission in writing is accorded by the Revenue Officer to that effect, be attached and sold in execution of a money decree passed against such raiyat.
    (3) Notwithstanding anything contained in any other law for the time being in force, where any documents required to be registered under the provision of Clause (a) to Clause (e) of Sub-section (1) of Section 17 of the Registration Act, 1908, (16 of 1908) purports to transfer any such land within the period specified in Sub-section (1) no Registering Officer appointed under that Act shall register any such document unless such document is accompanied by the written permission of the Revenue Officer for such transfer.
    (4) Nothing in Sub-section (1) or Sub-section (3) shall apply to any transfer by way of mortgage executed in favour of any Scheduled Bank or in favour of any Bank to which the Orissa Co-operative Societies Act, 1962 (2 of 1963) applies and nothing in Sub-section (2) shall apply to a money decree obtained by any such Bank.]
    Note. – Transfer of any land to settle with a raiyat for agricultural purposes under a permanent lease from the Government is banned for a period of ten years from the date of such settlement except with the previous permission of the Revenue Officer in writing accompanying the documents for registration. Sub-section (3) is the exception provided for under the Act.

    7. Non-transferability and saving of the rights and liabilities of tenants. – [(1) The rights of a tenant in any land held by him as such shall be heritable, but not be transferable.]
    (2) [Save as otherwise provided in this Act –
    (a) no tenant in lawful cultivation of any land at the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973) or at any time thereafter shall be liable to be evicted from such land by the landlord;

    (b) no such tenant shall be bound to pay rent at a rate higher than the rate specified in Section 13; and

    (c) the rights, benefits, protection, privileges, obligations or liabilities of any tenant in lawful cultivation of any land at the commencement of Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973) as where existing immediately prior to such commencement shall not be liable to be modified or extinguished in any manner whatsoever.]

    8. Eviction of raiyats. – (1) Subject to other provisions of this Act and notwithstanding any contract, custom or usage or decree or order of any Court, a raiyat shall be liable to eviction only if he –
    (a) has used the land comprised in his holding in a manner which renders it unfit for the purposes of agriculture; or

    (b) has leased out the land in contravention of the provisions of Section 6 or has failed to cultivate the land personally; or

    (c) has used of the land for any purpose other than agriculture.

    Explanation. – The construction of a house for the residence of the raiyat and his family members together with all necessary out-houses shall be deemed to be for agricultural purposes.
    (2) A raiyat liable to eviction under Sub-section (1) shall be entitled to three month’s notice in writing from the landlord intimating his intention to so evict and the grounds therefor :
    Provided that such eviction on the grounds specified in Clause (a) of Sub-section (1), shall not take effect unless the raiyat, within a period of one year from the date of service to such notice, fails to restore the land to a condition fit for agriculture.

    8A. Conversion of agricultural land for purposes other than agriculture. – (1) Notwithstanding anything contained in Section 8 –
    (a) the authorised officer may, where an application is made to him by a raiyat in the prescribed form for conversion of the use of any agricultural land belonging to him for purposes other than agriculture, allow such conversion, if he is satisfied that such conversion shall not violate –

    (i) any master plan, improvement scheme, development plan or town planning scheme, made or published under the Orissa Town Planning Improvement Trust Act, 1956 (Orissa Act 10 of 1957) or under the Orissa Development Authorities Act 14 of 1982 or under any law for the time being in force and applicable to such land; and

    (ii) any other condition or conditions as may be prescribed for the purpose of dealing with bona fide cases of such conversions.

    [(b) in every case where the authorised officer allows conversion of the use of any agricultural land under Clause (a), the raiyat is required to pay conversion fees for such land, calculated at the rate specified in Sub-section (2) and the kissam of the land so converted shall be corrected accordingly;

    (c) where the conversion of the use of any agricultural land by a raiyat for the purposes other than agricultural has been made prior to the commencement of the Orissa Land Reforms (Amendment) Act, 1993 or, where the land has been transferred by the raiyat to any other person prior to such commencement, and the transferee uses the land for the purpose other than agriculture, without paying the premium fixed therefor as per the provisions existing prior to the commencement of the Orissa Land Reforms (Amendment) Act, 2006, such raiyat or such transferee, as the case may be, is required to pay conversion fees within the prescribed period and in the prescribed manner in respect of that land as calculated at the rate equivalent to fifty per centum of the rate of conversion fees specified against that category of the land in Sub-section (2) and the kissam of the land so converted shall, after the payment, be corrected accordingly;

    Provided that if the convesion fees so payable is not paid within the prescribed period it shall be recoverable as an arrear of land revenue.
    (d) the lands which were deemed to have been surrendered to Government and settled on lease basis under the provisions of the Orissa Government Land Settlement Act, 1962, prior to the date of commencement of the Orissa Land Reforms (Amendment) Act, 2006, shall cease to be so surrendered and settled on lease basis and be held freely by the raiyat or the transferee, as the case may be.]

    [(2) The rate at which the conversion fees shall be payable per acre of agricultural land situated at different places of the State, for conversion of its use to any purpose other than agriculture on and after the commencement of the Orissa Land Reforms (Amendment) Act, 1993 shall be as follows :

    (i) Land situated within any Municipal area or in areas within one-half kilometre on either side of such National Highways as the State Government may, by notification, specify from time to time  … Rs. 3,00,000/-

    (ii) Land situated in any area within one-fourth kilometre on either side of such State Highways as the State Government may, by notification, specify from time to time … Rs. 1,00,000/-

    (iii) Land situated in a Municipal area or a Notified area, or in any area notified as Urban area under the Orissa Government Land Settlement Rules, 1983 made under the Orissa Government Land Settlement Act, 1962, other than any land mentioned in Clauses (i) and (ii) … Rs. 75,000/-

    (iv) Land situated in such developing areas as the State Government may, by notification, specify, from time to time, other than any area covered by Clauses (i), (ii) and (iii) … Rs. 30,000/-

    (v) Land situated in any area not covered by Clauses (i), (ii), (iii) and (iv) …

    Five percentum of the market value of such land or Rs. 1,000/- whichever is more.

    Explanation – For the purpose of this sub-section, –

    (a) “Municipal Act” means the Orissa Municipal Act, 1950;

    (b) “Municipal area” means an area included in a Municipality constituted under the Municipal Act; and

    (c) “Notified area” means a Notified area within the meaning of Section 417-A of the Municipal Act.

    (3) The lease documents executed on or before the date of commencement of the Orissa Land Reforms (Amendment) Act, 2006, for the purpose of conversion under this section shall be in operative and the premium paid for such lease shall be treated to be conversion fee.]

    9. Dwelling houses of raiyats and tenants. – (1) Every person who is a raiyat or a tenant in respect of any land but has no permanent and heritable rights in respect of any site on which his dwelling house or farm house stands, shall with effect from the commencement of this Act be deemed to be a raiyat in respect of the whole of such site or a portion thereof not exceeding one-fifth of an acre whichever is less if he or his predecessor-in-interest has –
    (a) obtained permission, express or implied, from the person having permanent and heritable rights in the site and having right to accord permission for the construction of sue h house; and

    (b) built such house at his own expense.

    Explanation – (i) [* * *]

    [(ii) Lands to be held as raiyat in pursuance of this sub-section shall be so determined as to include, as far as practicable, tanks excavated and wells sunk by such person on the site and so as not to exceed in extent the limit specified in this sub-section.

    (iii) Trees standing on the land so determined shall belong to such person.

    (iv) Right of way and other easementary rights necessary for the enjoyment of the aforesaid land shall attach thereto.]

    [(1-A) The Revenue Officer, on an application made in this behalf by the person referred to in Sub-section (1) in the prescribed form and manner and within the prescribed period, may, after such inquiry as may be necessary, issue a certificate in the prescribed form to such person to the effect that he has become a raiyat in respect of the whole, or, as the case may be, a portion of the site as aforesaid and if such person is evicted from the site at any time after the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973) the Revenue Officer shall, by order, direct that possession of the site be delivered to the said person and may take such further steps as he may consider necessary to give effect to the order so passed.]

    (2) If immediately before the commencement of this Act, any person has permanent and heritable rights in the site, in a capacity other than that of a land-holder, the right of all such person shall stand extinguished and they shall be entitled to compensation from the raiyat or tenant, as the case may be, equal to ten times the fair and equitable rent payable for the site under Sub-section (3). The classes of rights entitled to such compensation shall share it equally and each such share shall be divided equally among persons-belonging to the class to which the share relates:
    Provided that nothing in this sub-section shall have the effect of extinguishing the rights of Government in the said site.

    (3) The persons who becomes a raiyat in respect of the site specified in Sub-section (1) shall be liable to pay fair and equitable rent therefor [to the Government or the land-holder, as the case may be,] immediately under whom he holds consequent on the extinguishment of rights referred to in Sub-section (2).

    (4) In case of a dispute about the amount of rent so payable or about the apportionment of compensation, the Revenue Officer shall on an application by any person interested filed in the manner and within the time prescribed hold such enquiry as may be necessary and decide such dispute.

    10. Dwelling houses of agricultural labourers and artisans. – The provisions of Section 9 shall mutatis mutandis apply to the dwelling houses constructed by agricultural labourers and village artisans and the sites on which such houses stand.
    Explanation. – If such labourer or artisans or his processors-in-interest had for the first time occupied the site in question when he was in the service of the person having permanent and heritable rights in the site and right to accord permission for the construction of the house, the fact of occupation shall be conclusive proof that permission had in fact been so accorded.

    11. Mode of transfer of holding of a raiyat. – (1) Every transfer of the holding of a raiyat or a portion or share thereof by way of sale, exchange or gift shall be made by a registered instrument except in the case mentioned in Sub-section (4).
    (2) The Registration Officer shall not accept for registration any such instrument unless the rent of such holding or a portion or share thereof is stated separately in the instrument and unless it is accompanied by a notice signed by the transferrer and the transferee giving particulars of the transfer.
    (3) In the case of a transfer of a holding or a portion or share thereof by request, the Court shall, before granting probate or letters of administration, require the applicant to file a notice giving particulars of the transfer.
    (4) When the holding of a raiyat or portion or share thereof is sold in execution of a decree or order of a Court or in pursuance of an award given under the Orissa Co-operative Societies Act, 1951 (11 of 1952) or under any law, for the time being in force for recovery or arrears of land revenue or any other public demand, the Court or the officer holding the sale shall, before confirming the sale, require the purchase to file a notice giving the particulars of such sale.
    (5) The notice under any of the preceding sub-sections shall be in the prescribed from accompanied by the prescribed fee and shall be transferred to the Revenue Officer who shall cause it to be served in the prescribed manner on the landlords named in the notice. He shall also cause a copy of the notice to be transmitted to the authority competent to maintain the record-of-rights.

    12. Decision of disputes among landlord and raiyats. – (1) Any dispute between a raiyat and his landlords relating to –

    (i) the landlord’s right to evict the raiyat under Section 8; or

    (ii) the rights conferred under Section 4, 9 and 10; or

    (iii) the raiyat’s right to possession of land and his rights to the benefits under this Act;

    shall be decided by the Revenue Officer on an application to be filed by any person interested :

    Provided that such application shall be filed before the Revenue Officer in the prescribed manner within sixty days from the date on which the dispute arises.
    (2) on receipt of an application under Sub-section (1) the Revenue Officer shall, after making such enquiry as may be necessary pass such order as he deems fit.
    (3) The Revenue Officer may take such further steps as he may consider necessary to give effect to the orders passed under Sub-section (2).

    13. Rent payable by tenants. – (1) No landlord shall be entitled to cover from his tenant more than one-fourth of the gross produce of the land or the value thereof or the value of one-fourth of the estimated produce as rent.

    [So however that such rent shall in no event exceed the fair rent in respect of such land.]
    (2) When rent is payable in kind, it shall be paid within a period of two months after the month in which the harvesting of the crop is completed and at such place in the village in which the land is situated as may be specified in that behalf by the landlord.

    14. Ground of eviction of tenant. – (1) A landlord may evict his tenant only if such tenant –
    (a) has used the land in a manner which renders it unfit for purposes of agriculture; or

    (b) has failed to cultivate the land properly, or personally; or

    (c) has failed to pay or deliver to the landlord, the rent within a period of two months from the last day by which it becomes payable, there being no dispute regarding the quantum of such rent.

    [(2) Without prejudice to the provisions of Sub-section (1), [but subject to the provisions of Sub-sections (4) and (5)] a tenant shall cease to have the right to cultivate the land –
    (a) in any case where the landlord is a person under disability at the end of the year during which the disability ceases; and

    (b) in any case where the landlord being a privileged raiyat or a person under disability, ceases to be the landlord at the end of the year during which such cess action takes place :]

    [Provided that in case of transfer of the land by any such landlord the tenant shall not cease to have the right to cultivate the land until after the expiry of a period of six months from the date of service of a notice in the prescribed form by the landlord on the tenant intimating him the particulars of the transfer and where the said period terminates on a day prior to the last day of a year, the cessation of the right of the tenant to cultivate the land shall take place at the end of that year :
    Provided further that where the landlord –
    (i) being a person under disability, ceases to be the landlord by reason of transfer of the land in favour of another person under disability, or

    (ii) being a privileged raiyat referred to in Sub-clause (b), (c), (d) or (e) of Clause (24) of Section 2, ceases to be the landlord by reason of transfer of the land in favour of any person, the tenant shall not cease to have the right to cultivate the land, but shall, subject to the other provisions of this section continue as a tenant under the transferee.

    Explanation. – Where a person ceases to be a person under disability as a consequence of amendment of Clause (21) of Section 2 by the Orissa Land Reforms (Second Amendment) Act, 1975, such cessation shall be construed as cessation of disability for the purpose of Clause (a).]

    (3) Whether the landlord specified in Clause (a) of Sub-section (2) or the succeeding raiyat, if any, in pursuance of Clause (b) of the said subsection, as the case may be, fails to resume the land for personal cultivation at the end of the year specified in the said clauses such landlord shall be deemed to have failed to cultivate the land personally and shall be liable to eviction under the provisions of Section 8.
    [(4) Where the landlord, being a person under disability within the meaning of Sub-clause (e) or Sub-clause (f) of Clause (21) of Section 2, ceases to be a person under disability by reason of acquisition of additional land through inheritance, bequest, gift, purchase or otherwise, he shall not be entitled to evict any tenant holding any land under him, but may resume lands for personal cultivation in accordance with the provisions contained in Chapter III and the tenant shall be entitled to acquisition of raiyati right in respect of non-resumable land in accordance with the said Chapter.
    (5) For the purposes of Sub-section (4) the provisions contained in Sections 24 to 36 (both inclusive) shall, so far as may be, apply subject to the modification that the period of limitation in respect of an application to be made under Section 26, either by the landlord or by the tenant, shall be six months from the date of such acquisition of additional land.]

    15. Recovery of rent and dispute between landlord and raiyat or tenant. – (1) Any claim for recovery of arrears of rent by a landlord and any dispute between a landlord and his raiyat or tenant, as the case may be, regarding –
    (a) the quantum of the rent payable; or

    (b) tenant’s possession of the land and his rights to the benefits under this Act; or

    [(c) the right of the landlord terminate the tenancy of a tenant under Section 14 of the liability of tenant to cease to cultivate the land under that Section; or]

    [(d) the existence of the relationship of the landlord and tenant;]

    shall be decided by the Revenue Officer on an application to be filed [in the prescribed manner] by any party interested.
    [Provided that an application in respect of –
    (a) a claim for recovery of arrears of rent shall be filed within one year from the date on which such arrears fall due;

    (b) a dispute referred to in Clauses (a) and (c), shall be filed within sixty days from the date on which the dispute arises;

    (c) a dispute referred to in Clauses (b) and (d), shall be filed within two years from the date on which the dispute arises;

    Provided further that in case of any dispute referred to in Clauses (b) and (d) which has arisen prior to the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1973 an application in respect thereof may, if not filed earlier, be filed within one year from the said date.]
    (2) On receipt of the application under Sub-section (1), the Revenue Officer may, after making such enquiry as he deems fit direct the payment of arrears of rent, if any, found due or, determine the quantum of rent under Clause (a) or [in cases under Clauses (b) (c) and (d) thereof] order the tenant by a notice served in the prescribed manner and specifying the grounds on which order is made to cease, to cultivate the land :
    Provided that in case of dispute arising out of a matter mentioned in Clause (c) of Sub-section (1) of Section 14, the Revenue Officer before ordering the tenant to cease to cultivate the land shall decide, if rent has been duly offered and may allow reasonable opportunity to the tenant to pay or deliver to his landlord the rent payable.
    (3) An order for eviction made by the Revenue Officer under Subsection (2) shall take effect on and from the first day of the year next following the date of such order.
    (4) If any tenant on whom a notice under Sub-section (2) has been served does not cease to cultivate the land for the Revenue Officer may take such steps as he may deem necessary for the purpose of giving effect to his orders.
    (5) If after holding enquiry under Sub-section (2) the Revenue Officer is satisfied that the tenant was cultivating the land at the date of commencement of this Act, or any time thereafter understands that he may be unlawfully prevented from cultivating such land by his landlord, he in addition to the penalty that he may impose on the landlord under Section 18, order the landlord by a notice served in the prescribed manner to allow the tenant to enter the land forthwith and to cultivate it as a tenant.
    (6) If the Revenue Officer satisfied after such further enquiry as he may deem necessary that the landlord has failed to comply with his order under Sub-section (5), he shall take such steps as may be necessary to put the tenant in possession of the land.
    (7) Pending final disposal of the dispute under this section, the Revenue Officer may pass such interim orders relating to the appointment of Receivers for taking charge of the crops, or getting the lands cultivated on [restraining the landlord from interfering with tenant’s cultivation of the land or for such other purpose] as he may deem necessary or expedient.

    16. Dispute regarding identity of tenant. – If any dispute arises as to the identity of the tenants in cultivation of any land such dispute shall after such inquiry as may be prescribed be decided by the Revenue Officer on his own motion or on the application of the landlord any person claiming to be in such cultivation and the Revenue Officer may pass such order as he may deem necessary.

    17. Grant of receipt to raiyat or tenant and penalty for non-compliance. – (1) A tenant who makes payment on account of rent to his landlord or his agent shall be entitled to a written receipt for the rent paid by him, signed by the landlord or his agent, as the case may be.
    (2) The landlord or his agent shall prepare and retain the counter-foil of the receipt so granted by him.
    (3) The receipt and counter-foil shall specify such particulars as may be prescribed.
    (4) If a receipt does not contain substantially the particulars required by Sub-section (3), it shall be presumed, until the contrary is proved to be a valid discharge in full on account of rent accrued due by the date on which the receipt was granted.
    (5) If a landlord or his agent without reasonable cause, refuses or neglects to deliver to a tenant a receipt as aforesaid, the tenant may, within three months from the date of payment, apply to the Revenue Officer for the recovery of such compensation from the landlord or his agent not exceeding double the amount or value of such rent, as the said officer may deem proper, for such loss or damage that the tenant might have suffered :
    Provided that no such application shall be maintainable, if prior to the filing of such application the receipt has been obtained from the landlord.
    (6) If the Revenue Officer while passing an order under Sub-section (5) finds the landlord or his agent guilty of such refusal or neglect as aforesaid, he may impose on the landlord or his agent or both a penalty not exceeding a sum of rupees one hundred.
    (7) If a tenant after obtaining a receipt or without being entitled to such a receipt filed an application under Sub-section (5) he shall be liable to pay a penalty not exceeding a sum of one hundred rupees according as the Revenue Officer may, after such enquiry as may be necessary, direct.
    (8) If the landlord or his agent without sufficient cause fails to comply with the provisions of Sub-sections (2) and (3) the Revenue Officer may on his own motion or on an application by any tenant and after such enquiry as he deems proper impose a penalty not exceeding fifty rupees on the landlord or his. agent.

    Explanation. – For the purposes of this section a “tenant” shall include a raiyat.

    18. Penalty on landlord for excess realisation or interference with tenant’s possession. – (1) If, in contravention of any of the provisions of this Act, a landlord or his agent realises from a raiyat or tenant anything in excess or the rent lawfully payable or deliverable evicts the tenant from the land or interferes without sufficient cause with the tenant’s cultivation of the land, the Revenue Officer may, after making such enquiry as he deems fit, impose on such landlord or his agent or both, a penalty not exceeding five hundred rupees or when double the amount or value of what has been so realised exceeds five hundred rupees not exceeding double the amount or value :
    Provided that no landlord or his agent shall be liable to the penalty, provided in this Sub-section for any contravention that took place prior to the date of passing of this Act.
    (2) The Revenue Officer may proceed against the landlord and his agent in the same proceeding and shall award to the raiyat or tenant by way of compensation and cost, such portion of the penalty as he thinks fit;

    19. Partition among co-sharer raiyats how to be effected. – (1) No partition of a holding among co-sharer raiyats shall be valid unless, made by –
    (a) a registered instrument; or

    (b) a decree of a Court; or

    (c) an order of the Revenue Officer in the manner prescribed, on mutual agreement.

    (2) When the partition is effected as provided in Clause (a) of Subsection (1), the Registering Officer shall not admit for registration any instrument unless it is accompanied by a notice in the prescribed form with the prescribed particulars and the fee prescribed for the service of such notice.
    (3) The notice referred to in the preceding sub-section shall be transmitted to the Revenue Officer who shall cause it to be served on the landlord or his agent named in the notice in the manner prescribed. He shall also cause a copy of the notice to be transmitted to the authority competent to maintain the record-of-rights.
    (4) When the partition is effected as provided in Clause (b) of Subsection (1), the Court passing the final decree for partition shall send to the Revenue Officer in the prescribed form and in the prescribed manner a detailed list of the lands allotted to each share.
    (5) The Revenue Officer shall send a copy of the list as aforesaid to the authority competent to maintain the record-of-rights and to the landlord, where rent of the land is not payable to Government directly.
    (6) When partition is effected in the manner provided in Clause (c) of Sub-section (1), the Revenue Officer shall send to the landlord where rent is not payable direct to Government and to the authority competent to maintain the record-of-rights in the prescribed form a detailed list of lands allotted to each share. A copy of the order alongwith the detailed list shall be sent by the Revenue Officer for registration under the Indian Registration Act (16 of 1908) to the Sub-registrar having jurisdiction ;
    Provided that no charges for such registration shall be payable.

    20. Lands lost by diluvion. – (1) If the holding of a raiyat or a portion thereof is lost by diluvion, the rent of the holding shall, on at plication made by the raiyat in the prescribed manner to the Revenue Officer, be remitted or reduced by an amount as the Revenue Officer may consider fair and equitable.
    (2) The right, title and interest of the raiyat shall subsist in such holding or portion thereof during the period of loss by diluvion not exceeding twenty years and subject to the provisions of Section 52, the raiyat shall on its reappearance at any time within the said period have the right to possess such land and be liable to pay such rent as in the opinion of the Revenue Officer is fair and equitable.

    21. Lands gained by gradual accretion. – Any land gained by gradual accretion to any holding whether from the recess of a river or of the sea, subject to the provisions of Section 52 may ordinarily form apart of such holding and the raiyat thereof shall be liable to pay such additional rent as may be determined by the Revenue Officer.

    22. Restriction on alienation of land by Scheduled Tribes. – (1) [Any transfer] of holding or part thereof by a raiyat, belonging to a Scheduled Tribe shall be void except where it is in favour of –
    (a) a person belonging to a Scheduled Tribe; or

    (b) a person not belonging to a Scheduled Tribe when such transfer is made with the previous permission in writing of the Revenue Officer:

    Provided that in case of a transfer by sale, the Revenue Officer shall not grant such permission unless he is satisfied that a purchaser belonging to a Scheduled Tribe willing to pay the market price for the land is not available, and in case of a gift unless he is satisfied about the bona fides thereof.
    (2) The State Government may, having regard to the law and custom applicable to any area prior to the date of commencement of this Act by notification, direct that the restrictions provided in Sub-section (1) shall not apply to lands situated in such area or belonging to any particular tribe throughout the State or in any part of it.
    [(3) Except with the written permission of the Revenue Officer, no such holding shall be sold in execution of a decree to any person not belonging to a Scheduled Tribe.
    (4) Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of Clause (a) to Clause (e) of Sub-section (1) of Section 17 of the Registration Act, 1908, (16 of 1908) purports to effect transfer of a holding or part thereof by a raiyat belonging to a Scheduled Tribe, in favour of a person not belonging to a Scheduled Tribe, no Registering Officer appointed under that Act shall register any such documents, unless such documents is accompanied by the written permission of the Revenue Officer for such transfer.
    (5) The provisions contained in Sub-section (1) to (4) shall apply mutatis mutandis, to the transfer of a holding or part thereof a raiyat belonging to the Scheduled Caste.
    (6) Nothing in this section shall apply –
    (a) to any sale inexecution of a money decree passed, or to any transfer by way of mortgage executed, in favour of any Scheduled Bank or in favour of any Bank to which the Orissa Co-operative Society Act, 1962 (2 of 1963) applies; and

    (b) to any transfer by a member of a Scheduled Tribe within a scheduled area.

    22A. Surrender or abandonment by raiyat or tenant. – (1) No surrender to the landlord or abandonment of any holding or any part thereof by a raiyat or a tenant shall be valid unless such surrender or abandonment has been previously approved by the Revenue Officer.
    (2) Any raiyat or tenant desiring to surrender or abandon his holding or any part thereof may furnish information thereof in writing to the Revenue Officer.
    (3) On receipt of information under Sub-section (2), the Revenue Officer may, after making or causing to be made such inquiry and in such manner, as may be prescribed, or order either approve or disapprove the proposed surrender or abandonment :
    Provided that no surrender or abandonment shall be disapproved unless the raiyat or tenant, as the case may be, has been given a reasonable opportunity of being heard in the matter.
    (4) Where the surrender or abandonment of any holding or part thereof is approved by the Revenue Officer under this Section, the holding or part thereof so surrendered or abandoned shall be settled by the Government.
    (i) where such surrender or abandonment was made by a person belonging to a Scheduled Tribe, with another person belonging to the Scheduled Tribe; or

    (ii) in a case where no person belonging to a Scheduled Tribe is available or willing to take settlement under Clause (i) or in any other case, with any other person in accordance with the priorities specified in Sub-section (2) of Section 51.

    (5) Where any raiyat or tenant surrenders or abandons his holding or any part thereof without the previous approval of the Revenue Officer and the holding or part thereof so surrendered or abandoned is taken possession of by the landlord, then, it shall be competent for the Revenue Officer (after giving to the landlord an opportunity of being heard) to impose on the landlord a penalty of an amount not exceeding two hundred rupees per acre of the land so surrendered or abandoned for each year, or any part thereof during which the possession is continued.]

    23. Effect of transfer in contravention of Section 22. – (1) In the case of any transfer in contravention of the provisions of [Sub-section (1) of Section 22] the Revenue Officer on his own information, or on the application of any person interested in the land may issue notice in the prescribed manner calling upon the transferor and transferee to show cause why the transfer should not be declared invalid.
    [(2) After holding such enquiry as the Revenue Officer deems fit and after hearing the persons interested, he may declare such transfer to be invalid and impose on the transferee penalty of an amount not exceeding two hundred rupees per acre of the land so transferred for each year or any part thereof during which the possession is continued in pursuance of the transfer which has been declared to be invalid] [and may also order such portion of the penalty as he deems fit, to be paid to the transferor or his heir.]
    (3) On a declaration being made under Sub-section (2) the Revenue Officer suo motu or on the application of any person interested cause restoration of the property to the transferor or his heirs and for the purpose may take such steps as may be necessary for compliance with the said order of preventing any breach of peace :
    [Provided that if the Revenue Officer is of the holding that the restoration of the property is not reasonably practicable, he shall record his reasons therefor and shall, subject to the control of Government settle the said property with another member of a Scheduled Tribe or in the absence of any such member, with any other person in accordance with the provisions contained in the Orissa Government Land Settlement Act, 1962 (33 of 1962).]

    Explanation. – Restoration of the property means actual delivery of possession of the property to the transferor or his heir.

    (4) Where any transfer is declared under this section to be invalid and the transferee or any other person in possession of the property has been evicted therefrom the transferee shall not be entitled to the refund of any amount paid by him to the transferor by way of consideration for the transfer.

    23A. Eviction of person in unauthorised occupation of property. – Where any person is found to be in authorised occupation of the whole or part of a holding of a raiyat belonging to a Scheduled Caste or of a raiyat belonging to a Scheduled Tribe within any part of the State other than a Scheduled Area, by way of trespass or otherwise, the Revenue Officer may either on application by the owner or any person interested therein, or on his own motion and after giving the parties concerned an opportunity of being heard, order eviction of the person so found to be in unauthorised occupation and shall cause restoration of the property to the said raiyat or to his heir in accordance with the provisions of Sub-section (3) of Section 23.

    [23B. Burden of proof and amendment of Limitation Act, 1963 in its application to proceedings under Section 23. – (1) If any proceedings under Section 23, the validity of the transfer of any holding or any part thereof is called in question, or if such proceedings are for the recovery of possession of such holding, or part thereof, the burden of proving that the transfer was valid shall, notwithstanding anything contained in any other law for the time being in force, lie on the transferee.
    (2) In the Limitation Act, 1963 in its application to proceeding under Section 23-B, [and Section 23-A] in the Schedule, after the words “twelve years” occurring in the Second Column against Article 65 the words, brackets and figures “but thirty years in the case of immovable property belonging to a member of a Scheduled Tribe or a Scheduled Caste, specified in relation to the State of Orissa in the Constitution (Scheduled Tribes) Order, 1950 or the Constitution (Scheduled Castes) Order, 1950, as the case may be,” shall be inserted.]

    [CHAPTER-III]

    Resumption of land for personal cultivation

    24. Resumption of tenanted lands. – (1) Notwithstanding anything to the contrary in Chapter II, but subject to the conditions, limitation and restrictions hereinafter specified the landlord and the tenant shall have the right to the determination of the resumable and non-resumable lands in accordance with the provisions of this Chapter and for the purposes thereof.
    Explanation – Resumable land refers to the lands which can be resumed for personal cultivation by a landlord from a tenant.
    (2) Nothing in this Chapter shall apply in respect of lands held by a landlord who [* * *] is a privileged raiyat or a person under disability.

    25. Extent of resumable lands. – The extent of resumable lands shall not be more than one-half of the lands in respect of each tenant measured in standard acres only.

    26. Rights of the landlord and the tenant to apply. – (1) The landlord shall have the right to make his selection under Section 25 and may within three months from the commencement of this Act apply on the basis of such selection to the Revenue Officer in prescribed form and manner, with intimation of a copy of such application to each of his tenants for the issue of a certificate specifying separately the particulars of the resumable and non-resumable lands.
    (2) A tenant may also apply to the Revenue Officer within the period aforesaid in the prescribed form and manner under intimation to the landlord for a determination of the non-resumable lands in respect of his tenancy and for the issue of a requisite certificate in that behalf;
    [Provided that any landlord or tenant who has failed to apply within the aforesaid period, may make such application within three months from the date of commencement of the Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of 1967) ;
    Provided further that any such application made after the expiry of the period specified in Sub-section (1) or Sub-section (2) and before the aforesaid date shall, for all purposes, be treated as an application filed within the period of limitation.]

    27. Determination of resumable and non-resumable lands. – (1) The Revenue Officer shall, [on receipt of application from the landlord under Section 26, consider it alongwith such application, if any, as may have been received from his tenant under the said section] and after giving the parties interested an opportunity of being heard, determine the particulars of the resumable lands and also of the non-resumable lands so far as may be in accordance with the selection, if any, made by the landlord under Section 26, alongwith the fair and equitable rent payable in respect of the non-resumable lands.
    (2) All proceedings other than appeal, review or revision relating to any other dispute between such landlord and tenant pending on the commencement of this Act in any Revenue Court or instituted thereafter in any such Court shall stand transferred to the Revenue Officer who shall decide, so far as may be, all such disputes alongwith the determination of the aforesaid particulars.

    28. Compensation for non-resumable lands. – (1) While deciding matters under Section 27 the Revenue Officer shall further determine the compensation in respect of the non-resumable lands payable in the prescribed manner by the tenant which shall be determined in accordance with the following subsections.
    [(2) The compensation for the land shall be an amount calculated at the rate of eight hundred rupees per standard acre of the land to be paid in five equal annual instalments] with interest at the rate of four and a half per centum per annum on the unpaid balance, the first instalment falling due on such date as the Revenue Officer may in his order specify in that behalf :

    Provided further that where the tenant pays up the entire compensation amount on or before the date on which the payment of the first instalment falls due he shall be entitled to a rebate on five per centum of the compensation amount.
    (3) The compensation payable for –
    (a) wells, tanks and structures of a permanent nature situate in the land and not constructed by or at the cost of the tenant; and

    (b) trees standing on the land;

    shall be the market-value thereof to be paid alongwith the compensation under Sub-section (2).
    Explanation. – In determining the market-value the Revenue Officer shall, as far as practicable be guided by the provisions contained in Subsection (1) of Section 23 of the Land Acquisition Act, 1894 (1 of 1894).

    29. Certificate in respect of resumable non-resumable lands. – After the disposal of the appeal, if any, from the orders under Sections 27 and 28 preferred within the period specified in Section 63, the Revenue Officer, having regard to the alterations and modifications if any, ordered in such appeal shall issue a certificate in the prescribed form to the landlord and also the tenant specifying all matters to be determined under the said sections and also send a copy of such certificate to the authority competent to maintain the record-of-right.

    30. Tenant to become raiyat and recovery of Compensation. – (1) The tenant shall, with effect from the beginning of the year next following the date of the issue of the certificate under Section 29 become a raiyat in respect of the land for which compensation has been determined under Section 28.
    (2) The instalments of the compensation amount together with interest due thereon shall remain a first charge on the land to which it relates shall be recoverable as an arrear of land revenue on application to the Revenue Officer by the person entitled thereto,

    31. Person entitled to receive compensation. – (1) The compensation payable by the tenant determined under Section 28 shall be paid to his landlord where such landlord is a raiyat or a land-holder; or if the landlord not being raiyat or a land-holder holds any right under a raiyat then the raiyat and all such persons holding rights between the raiyat and the tenant shall be entitled to the compensation in respect of their rights in the land; and persons entitled to such compensation shall take it in proportion to the rent that each receives in respect of the land and the Revenue Officer shall, while proceeding under Section 28, determine each such share in such compensation.
    (2) With effect from the date the tenant becomes a raiyat under Section 30 he shall hold the lands as such free from all encumbrances and the rights of all persons (not being Government or a land-holder) mediately or immediately under whom the land was being held shall stand extinguished and the encumbrances, if any, created by such persons in respect of the land shall thereafter attach to the other lands of the landlord.

    32. Certificate to be conclusive proof. – A certificate issued under Section 29 shall be conclusive proof of the correctness of the contents thereof in respect of all disputes between the tenant and the persons whose rights stand extinguished in pursuance of Section 31.

    33. Rent of non-resumable land to whom payable. – (1) The fair and equitable rent determined under Section 27 shall be payable-
    (a) if the landlord is a raiyat or land-holder, to the person immediately under whom such raiyat or land-holder was holding the land; and

    (b) in any other case, to the immediate land-holder.

    Explanation – For the purpose of Clause (b) the term “land-holder” shall include Government.
    (2) Arrears of revenue ceases or other dues to Government, if any, by the date with effect from which the tenant becomes a raiyat in pursuance of certificates issued under Section 29 in respect of the lands covered by such certificates shall be payable by the persons who were liable for such dues by the said date.

    34. Tenant’s right to continue on resumable lands. – On the determination of the resumable lands the tenant on such land shall cease to have the right to continue in cultivation hereof with effect from the date of expiry of the year next following the date of issue of the certificate under Section 29.

    34A. Consequences for failure of landlord to apply under Section 26. – In any case where the landlord in respect of any land fails to apply in accordance with the provisions of Section 26 the Revenue Officer shall, on the expiry of the period specified in the said section, consider the application filed by the tenant in respect of such land and after giving the persons interested an opportunity of being heard determine the particulars of the resumable and non-resumable lands alongwith to other matter required to be determined under Sections 27 and 28 and on such determination the remaining [Provisions of this Chapter] so far as may be, shall apply :
    Provided that if any such case the landlord contest the claim on the ground that the applicant is not the tenant and the tenant succeeds in establishing his claim the Revenue Officer shall, after giving the tenant an opportunity of selecting the non-resumable lands, determine the aforesaid particulars so far as may be, in accordance with the selection, if any, made by the tenant:
    Provided further that if the landlord does not contest the claim as aforesaid he shall have the right to select the resumable lands and the said particulars shall, so far as may be, determined in accordance with the selection, if any, made by landlord.

    35. Failure of both landlord and tenant to apply under Section 26. – Where both the landlord and the tenant in respect of any land fail to apply in accordance with the provisions of Section 26 the Revenue Officer may within six months from the expiry of the period specified in the said section and subject to such rules as may be made in that behalf after giving the persons interested an opportunity of being heard determine the particulars of the resumable and non-resumable lands alongwith the other matters required to be determined under Sections 27 and 28 and on such determination the remaining provisions of this Chapter, so far as may be, shall apply.
    [35A. Rights of tenant until conclusion of proceedings under this Chapter – The tenant shall, subject to the final orders made in the proceedings, if any, under this Chapter hold the lands as a tenant with heritable rights until the conclusion of such proceedings and while so holding shall be subject to the provision contained in Chapter III,]
    36. Removal of doubts. – For the removal of doubts it is hereby declared that where landlord after having got the right to enter upon the land under Section 34, or where the tenant after having become a raiyat under Section 30 fails to personally cultivate the land without sufficient cause before the expiry of the year next following the date on which such right accrues, such landlord or tenant, as the case may be, shall be liable to eviction in accordance with the provisions of Section 8.

    36A. Tenant to become raiyat in respect of the whole of the land in certain cases – (1) Notwithstanding anything contained in the foregoing provisions of this Chapter, but subject to the provisions of Sub-section (2) of Section 24, the Revenue Officer may on an application made in that behalf by the tenant within two years from the commencement of the Orissa land Reforms (Amendment) Act, 1973 (President’s Act, 17 of 1973) and after giving the parties interested an opportunity of being heard and after consulting the Local Committee, if any, declare the whole of the land in cultivation of the tenant to be non-resumable and determine the fair and equitable rent and the compensation payable by the tenant in respect of the land in accordance with the provisions of Section 28 and on such determination, the provisions of Sections 29 to 33 (both inclusive), 35-A and 36 shall, so far as may be, apply ;
    Provided that nothing in this sub-section shall apply to any land where
    (a) the particulars of the resumable and non-resumable portions thereof have already been determined under Section 27 or under Section 35; or

    (b) proceeding for the determination of such particulars are pending:

    Explanation. – For the purpose of this section “tenant” shall include a tenant whose application under Section 26 was rejected prior to the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 on (he ground of default or non-prosecution on the part of the tenant and a tenant in respect of whom a case initiated under Section 35 was terminated prior to the said date on any such ground.
    (2) The Revenue Officer may also on his own motion, take all such action and in such manner as is provided in Sub-section (1) at any time within three years from the commencement of the said Act :
    Provided that where the period of limitation specified in Sub-section (1) is extended by any further period under Section 63, the period of three years as aforesaid shall equally be extended.
    (3) For the removal of doubts it is hereby declared that the Revenue Officer, while proceeding under this section shall have power to decide any dispute as regards the existence of the relationship of landlord and tenant or as the identity of the tenant.

    36B. Application of Section 36-A consequent upon amendment of the Act. – Notwithstanding anything contained in Sub-section (1) of Section 24, Section 25 or Section 26, whereas a consequence of the amendment of Section 73 by the Orissa Land Reforms (Second Amendment) Act, 1975 any land becomes subject to the provisions of this Chapter, the provisions of Section 36-A shall, so far as may be, apply to such land subject to the modification that the period of limitation specified therein shall run from the date of commencement of the said Act.

    36C. Tenant inducted in contravention of Act to become raiyat. – (1) Notwithstanding anything contained in Sub-section (2) of Section 6, any tenant to whom land has been leased out on or after the 1st day of October, 1965 in contravention of the provisions of that sub-section may make an application to the Revenue Officer within two years from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 or the date on which the land was so let out, whichever is later, for being declared to be raiyat in respect of such land.
    (2) The Revenue Officer may also, on his own motion, initiate proceedings under Sub-section (1) within the aforesaid period of two years for declaring the tenant to be a raiyat.
    (3) The provisions contained in Sections 28 to 33 (both inclusive) 35-A and 36 shall, so far as may be, apply to the proceedings under this section as if the whole of the land so let out were non-resumable.

    [CHAPTER-IV]

    Ceiling and disposal of surplus land

    [37. Definitions. – In this Chapter –
    (a) “person” includes a company, family, association or other body of individual, whether incorporated or not, and any institution capable of owning or holding property;

    (b) “family” in relation to an individual, means the individual, the husband or wife, as the case may be, of such individual and their children, whether major or minor, but does not include a major married son who as such had separated by partition or otherwise before the 26th day of September, 1970.]

    37A. Celling area. – The ceiling area in respect oi a person shall be ten standard acres :
    Provided that where the person has family consisting of more than five members, the ceiling area in respect of such person shall be ten standard acres increased by two standard acres for each member in excess of five, so however, that the ceiling area shall not exceed eighteen standard acres.

    37B. Persons not entitled to hold land in excess of ceiling area. – On and from the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973), no person shall, either as landholder or raiyat or as both, be entitled to hold any land in excess of the ceiling area.
    Explanation. – For the purposes of this section all lands held individually by the members of a family or jointly by some or all the members of a family shall be deemed to be held by the family.

    38. Exemption from ceiling. – Save as otherwise provided in this Section, the provisions of this Chapter shall not apply to –
    (a) lands held by a privileged raiyat :

    Provided that nothing in this clause shall apply to any land held by a raiyat a privileged raiyat;
    (b) lands held by industrial or commercial undertaking or comprised in mills, factories or workshops, where such lands are necessary for the use, for any non-agricultural purpose, of such undertakings, mills, factories or workshop:

    Provided that where the said lands are not actually used within a period of five years from the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973), for the purpose for which they had been set apart, the Collector may, after giving notice to the persons concerned, by order, direct that the provisions of this Chapter shall apply to the said lands :

    Provided further that the Collector may, on an application made to him in this behalf and on being satisfied that it is necessary or expedient so to do, extend the said period of five years by such further period or periods, as he may deem fit, so, however, that the total period of such extension shall not exceed in any case, eight years;
    (c) plantations;

    Explanation. – “Plantation” means any land used principally for cultivation of coffee, cocoa or tea (hereafter in this Explanation referred to as plantation crops) and includes lands used for any purpose ancillary to the cultivation of the plantation crops or for the preservation of the same for their marketing;
    (d) lands held by any agricultural university, agricultural school or college, or any institution conducting research in agriculture.

    39. Principles for determining the ceiling area. – In determining the ceiling area in respect of a person, the following principles shall be followed, namely :
    (a) homestead lands, or tanks with their embankments, or both, to the extent of three acres in the aggregate shall not be taken into account;

    [(b) the transfer of any land by sale, gift or otherwise or the partition thereof by a person during the period beginning with the 26th day of September, 1970 and ending with the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973) shall, if such person was holding land on the said day in excess of the ceiling area, be deemed to be void, anything contained in any law or agreement or in any decree or order of any decree or order of any Court notwithstanding;

    (bb) the lands so transferred or partitioned shall be taken into account as if the transfer or partition had not taken effect, and the Revenue Officer may, at his discretion ignore the selection made by the person of lands to be retained in his possession;]

    (c) where the person is a member of a Co-operative Farming Society, the extent of land which he would get as his share if the land held by such Society is divided shall be taken into account;

    (d) lands in the possession of a tenant or a mortgage shall be deemed to be lands held by the person.

    40. Prohibition of transfer and partition of land and restriction of suits for specific performance of contracts. – (1) Except where he is permitted in writing by the Revenue Officer so to do, no person holding land in excess of the ceiling area shall, after the commencement of the Orissa Land Reforms (Amendment) Act, 1973, (President’s Act 17 of 1973), transfer by sale, gift or otherwise or effect any partition of such land or any part thereof until the surplus land, which is to vest in the Government under Section 45, has been determined and taken possession of by or on behalf of the Government and all transfers made and partitions effected in contravention of this subsection shall be void :
    Provided that nothing contained in this sub-section shall apply to –
    (a) any transfer by way of mortgage executed in favour of –

    (i) the Central Government or any State Government;

    (ii) any public financial institution;

    (iii) any Bank to which the Orissa Co-operative Societies Act, 1962 (2 of 1963) applies;

    (iv) any corporation established by law which is owned, controlled or managed by the Central Government or by a State Government;

    (v) any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government or by any one or more State Government;

    (b) any sale of land in execution of a decree or order or an award for the realisation of money due under any such mortgage.

    (2) Every suit for the specific performance of a contract for the transfer of land, instituted after the 26th day of September, 1970 and before the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973) shall abate and no suit for the specific performance of any such contract entered into before such commencement shall be maintainable.
    [(3) All suits for partition of land instituted in a Civil Court after the 26th day of September, 1970 and pending on the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 shall, if the land forming the subject-matter of the suit exceeds the ceiling area in respect of the person who is liable to submit a return under Section 40-A in relation to such land, abate.]

    40A. Submission of returns. – (1) Every person holding land (which shall include lands transferred by sale, gift or otherwise or partitioned by him after the 26th day of September, 1970) either as land-holder or raiyat in excess of the ceiling area at commencement of the Orissa Land Reforms (Amendment) Act, 1973, shall, before the expiry of ninety days from such commencement, submit to the Revenue Officer in such form and in such manner as may be prescribed, a return indicating the parcels of land which he wishes to retain and the parcels of land in excess of the ceiling area (hereinafter referred to as “surplus land”) and furnish in the said returns such other particulars as may be prescribed :
    Provided that a person who has made any transfer or effected any partition in contravention of the provisions of Sub-section (1) of Section 40, shall not have the right to indicate the parcels of land which he wishes to retain and the parcels of land in excess of the ceiling area, but shall have to file the return furnishing the particulars of all the lands held by him as aforesaid.
    Provided further that whereas a consequence of the amendment of this Act by the Orissa Land Reforms (Amendment), Ordinance, 1974 (2 of 1974) such person considers it necessary to submit a return or revised return, such return or revised return shall be submitted within thirty days from the date of publication of the said Ordinance in the Gazette.
    (2) In any case where on the date of submission of the return under Sub-section (1) –
    (a) any proceeding for resumption under Chapter III or mutation proceeding or proceedings for partition in a Civil Court [instituted prior to the 26th day of September, 1970] in respect of any land forming subject-matter of the return; or

    (b) any proceeding under Section 57-A relating to trust on whose behalf the return has been submitted, is pending the person who has submitted such return shall submit a revised return on the basis of the result of such proceeding in accordance with Subsection (1) within [thirty days] from the date of issue of the certificate under Section 29 or, as the case may be, from the date of final disposal of the mutation proceedings, proceedings for partition or proceedings under Section 57-A after the termination of appeal, revision or review, if any [or from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975, whichever is later].

    [40B. Submission of returns in special cases. – Where any person-
    (a) being liable to submit a return under Section 40-A, has failed to do so within the period specified therein; or

    (b) has become liable to submit a return under Section 40-A as a consequence of the amendment of this Act by the Orissa Land Reforms (Second Amendment) Act, 1975; or

    (c) considers it necessary to submit a revised return, as a consequence of such amendment, he shall submit the return or revised return, as the case may be, in accordance with the provision of that section within thirty days from the commencement of the said Act :

    Provided that persons against whom proceedings under Section 43 have been initiated by the Revenue Officer on his own motion, shall not be bound to file any return as required by this section :]
    [Provided further that a revised return, if filed by a person after confirmation of the draft statement in respect of his lands under Sub-section (1) of Section 44, shall not be taken into consideration:]

    41. Responsibility for submitting returns. – The return referred to in Section 40-A [or Section 40-B] shall be submitted –
    (1) in the case of an individual, by the individual or his guardian if he is a minor;

    (2) in the case of a family, by the head of the family or any member thereof or by all the members jointly :

    Provided that if more than one return is filed in respect of the same family all such returns shall be taken up together for consideration; and
    (3) in any other case, by an individual competent to act on behalf of the person by whom the return is to be submitted.

    42. Failure to submit return to entail forfeiture of claim. – If any person required to submit a return under Section [40-A] [or Section 40-B] fails to do so or submits a return which he knows or has reason to believe to be false in respect of all or any of the material particulars, the Revenue Officer may obtain the necessary information through such agency as he may consider proper and shall thereafter proceed to prepare and publish the statement contemplated under Section 43:
    Provided that the [amount] payable for the lands declared to be his surplus land in accordance with the provisions of Section 44 shall be [fifty per centum] of the amount which he would have been entitled to, had he submitted a correct return under Section 40-A or Section 40-B.

    43. Preparation and publication of draft statement showing ceiling and surplus lands. – (1) The Revenue Officer on receipt of the return under Sub-section (1) of Section [40-A] [or under Section 40-B] after considering all relevant materials available to him and the selection made by the person concerned [having a right to do so] under the said sub-section of the lands to be retained by him [and after consulting the Local Committee if any] shall record his findings in a draft statement showing –
    [(a) the total area of land held by the person as a land-holder or as a raiyat and the class to which each plot of the land belongs;

    (b) the surplus area;

    (c) the specific parcels to land to be retained by the person and the total area thereof];

    (d) the specific paroles comprising the surplus lands under Clauses (b);

    (e) lands, if any, exempted under Section 39; and

    (f) such other particulars as may be prescribed :

    Provided that no part of the lands held by a Company or any other corporate body of which the person concerned may be a member or shareholder shall be shown as surplus land in respect of such person.
    (2) Subject to the rules made in that behalf, the draft statement under Sub-section (1) shall be published inviting objections, from person interested and the Revenue Officer after hearing the objections if any, received within thirty days of such publication and making such enquiries as he deems necessary, [and after consulting the Local Committee, if any], may, by order recording his reasons in writing alter or amend all or any of the particulars specified in the draft statement :
    Provided that in case where a revised return is due to be submitted under Sub-section (2) of Section [40-A] [or under Section 40-B] the Revenue Officer shall prepare the draft statement under Sub-section (1) after consideration of such return, if any.

    44. Final statement of ceiling and surplus lands. – (1) On the termination of the proceedings under Section 43 the Revenue Officer shall by order confirm the draft statement with such alterations or amendments as may have been made therein under the said section.
    [(2) An appeal against the order of the Revenue Officer under Subsection (1) confirming the statement, if presented –
    (a) by any person aggrieved the order within thirty days from the date of the order; or

    (b) by the State Government within sixty days from the said date, shall lie to the prescribed authority.]

    (3) The draft statement as confirmed or as modified in appeal [or revision], if any, shall be published by the Revenue Officer in such manner and for such period as may be prescribed and on the expiry of the said period the statement shall be final and conclusive, a copy whereof shall then be furnished to the person concerned free of cost and another such copy to such authority, if any, as may be prescribed.

    44A. Declaration under Section 57-A to be produced before finalisation of statement. – (1) Where a declaration made under Section 57-A in relation to a trust is produced before the Revenue Officer by the concerned trustee at any time before the statement in respect of such trust has become final under Sub-section (3) of Section 44, all proceedings relating to the fixation of ceiling and determination of the surplus area in respect of such trust shall abate.
    (2) Where the concerned trustee has given intimation in writing to the Revenue Officer prior to the finalisation of the said statement about the pendency of proceedings under Section 57-A relating to a trust, all proceedings relating to the fixation of ceiling and determination of the surplus area in respect of such trust shall abate and any action taken in furtherance of such proceedings shall be of no effect,
    (3) A declaration as aforesaid which is obtained or produced before the Revenue Officer after the statement in respect of the concerned trust has become final under Sub-section (3) of Section 44, shall, except where the concerned trustee has given intimation in writing to Revenue Officer prior to the finalisation of the said statement about the pendency of proceedings under Section 57-A, be of no effect whatsoever in so far as the proceedings under this Chapter are concerned.]

    45. Surplus lands to vest in Government. – With effect from [the date on which the statement becomes final under Sub-section (3) of Section 44], the interest of the person to whom the surplus lands relate and of all land-holders mediately or immediately under whom the surplus lands were being held shall stand extinguished and the said lands shall vest absolutely in the Government free from all encumbrances.

    45A. Delivery of possession of surplus lands. – (1) It shall be the duty of the person in possession of the surplus lands to deliver possession thereof to the Revenue Officer within fifteen days from the date of vesting of the lands in the Government or, if there be any standing crop on the land on the said date, within fifteen days from the harvesting of such crop, whichever is later, and the Revenue Officer shall take over possession of land on behalf of the Government.
    (2) If possession is not delivered in accordance with the provision of Sub-section (1), the Revenue Officer may, by an order in writing direct the person in possession of the surplus lands to deliver possession of such lands within seven days from the date of service of the order on him to such person as may be specified in the order.
    (3) If the person in possession of the surplus lands refuse or fails without sufficient cause to comply with the order issued under Sub-section (2), the Revenue Officer may take possession of the land and may, for that purpose, use such force as may be necessary.]

    [45B. Lands escaping ceiling proceedings to vest along with surplus lands already vested. – (1) If at any time within six years from the date of finalisation of the statement under Sub-section (3) of Section 44 relating to any person holding land in excess of ceiling area, it is found that some more lands held by such person have escaped inclusion in the above statement due to any reason whatsoever, the Revenue Officer may, after giving the person an opportunity of being heard and after making such enquiry as he deems proper, declare in the prescribed manner, the whole or any part of such lands as are found to be held by the person to be surplus land in relation to him.
    (2) All lands declared to be surplus land under Sub-section (1) shall be deemed to have vested in the Government free from all encumbrances alongwith the surplus lands mentioned in the aforesaid statement and the provisions of Sections 45, 45-A and 46 to 51 shall, so far as may be, apply to the lands so vested :

    Provided that the amount payable in respect of the interest of the person to whom the surplus lands relate shall be subject to reduction at the following rate :

    Rate of reduction

    (i) where the land was in occupation of the person for a period not exceeding one year from the date of finalisation of the statement under Section 44 (3); -Fifty-five per centum

    (ii) where the period of such occupation exceeds one year;- Fifty-five per centum plus five per centum for each year or part thereof in excess of one year.

    (3) Without prejudice to the provisions of Section 39, the transfer of any land declared to be surplus land under Sub-section (1), by sale, gift or otherwise or the partition thereof, made or effected from the date of finalisation of the statement under Sub-section (3) of Section 44 shall be deemed to be void.]

    46. Assessment Roll to be prepared. – As soon as may be after the date of the aforesaid final statement the Revenue Officer shall [determine under Section 47 the amount payable by Government in respect to the surplus lands] and after deducting these formal rents, revenues, cesses, rates and other dues payable to Government in respect of the land apportion the same in accordance with the Assessment Roll published under Section 49 between the persons interested.

    47. Principles lo determine ‘amount’. – (1) The [amount] in respect of the interest of the land-holders mediately or immediately under whom the surplus lands were being held as a land-holder or raiyat shall be fifteen times the fair and equitable rent.
    (2) The [amount] in respect of the interest of the person to whom the surplus lands relate shall be the aggregate of the following:
    (a) [fifty per centum of the market value] of tanks, wells and of structures of a permanent nature situate in land;

    (b) [fifty per centum of the market value] of trees standing on the land; and

    (c) value of land to be determined in the following manner, namely;

    Extent of surplus land -Rate of amount

    (i) For the first ten standard acres … Rupees eight hundred per standard acre

    (ii) For the next ten standard acres … Rupees six hundred per standard acre

    (iii) For the next ten standard acres … Rupees four hundred per standard acre

    (iv) For the rest … Rupees two hundred per standard acre

    Explanation. – In determining the market value, the Revenue Officer shall, as far as practicable, be guided by the provision contained in Section 23 of the Land Acquisition Act, 1894 (1 of 1894).

    48. Preparation and publication of Draft Assessment Roll. – (1) After the determination of the amounts under Section 47 and after ascertaining in the prescribed manner the dues payable to Government specified in Section 46 the Revenue Officer shall prepare and publish in the prescribed form and manner a Draft [* * *] Assessment Roll inviting claims and objections from persons interested, and after hearing such claims and objections, if any, received within sixty days of such publication dispose of the same in accordance with the provisions of this Act and the rule made thereunder.
    (2) An appeal, if preferred within thirty days from the date of the order under Sub-section (1) shall lie to the prescribed authority.

    49. Final Assessment Roll. – (1) When all such claims, objections and appeals are disposed of, the Revenue Officer shall after making such alterations in the Draft [* * *] Assessment Roll as may be necessary to give effect to any order passed under Sub-section (1) or, as the case may be, under Sub-section (2) of Section 48 cause the Roll so altered to be finally published in the prescribed manner, and on such publication the Roll such become final and conclusive.
    Explanation. – The amounts payable is respect of the land-holders specified in Sub-section (1) of Section 47 shall respectively be shown in the Assessment Roll in proportion to the rent that such land-holder receives in respect of the land.
    (2) Notwithstanding anything in Sub-section (1) any party aggrieved by any entry in the roll relating to the rate of apportionment of any amount as between the holder of an encumbrance referred to it in Section 45 and the person liable to discharge the same, may apply to the Civil Court of competent jurisdiction within ninety days from the date of publication of the Roll under this section for establishing his claim in respect of such rate and the decision on such application, if any, shall be final :
    Provided that no such proceedings shall be maintainable against Government or the Revenue Officer or the authority prescribed under Subsection (2) of Section 48; nor shall any of them be deemed to be necessary or proper party on such proceedings.

    50. Payment of amount. – The amount determined in accordance with the foregoing provisions shall be payable on and from the date of delivery of or taking over possession of the surplus lands in such mode as may be prescribed and interest shall accrue on the unpaid balance of the [amount] at the rate of two and half per centum per annum.

    51. Settlement of surplus lands. – (1) Seventy per centum of the surplus land vested in the Government under Section 45 shall be settled with persons belonging to the Scheduled Tribes or Scheduled Castes in proportion to their respective populations in the villages in which the lands are situated and the remaining lands shall be settled with persons not belonging to the aforesaid categories :

    Provided that where the population of the Scheduled Tribes and Scheduled Castes in a village exceeds seventy per cent of the total population of that village, the percentage of lands to be reserved for persons of the said communities shall be equal to the percentage of their population :

    Provided further that if sufficient number of persons belonging to the aforesaid categories are not available in the village in which the land are situated or, being available, are not willing to accept settlement of land, so much of the lands reserved for the said persons as cannot be settled with them may be settled with other persons :
    Provided also that the Collector of a district may, with the prior approval of the Government, set apart any of the said surplus lands for being utilised for any public purpose, other than the purpose of cultivation, and thereupon the remaining surplus lands shall be settled in accordance with the provisions of this section.]

    (2) Notwithstanding anything contained in Orissa Government Land Settlement Act, 1962 the procedure for the settlement of lands under this section shall be such as may be prescribed, and the settlement shall be made in favour of the following categories of persons and in the following order of property, namely :
    (a) Co-operative Farming Societies formed by landless agricultural labourers;

    (b) any landless agricultural labourers of the village in which the land is situate or of any neighbouring village;

    (c) ex-servicemen of members of the Armed Forces of the Union, if they belong to the village in which the land is situated;

    (d) raiyats who personally cultivate not more than one standard acre of contiguous land; and

    (e) in the absence of persons belonging to any of the foregoing categories; any other persons.

    [52. Ceiling on future acquisitions. – The foregoing provisions of this Chapter shall, mutatis mutandis apply where lands acquired and held subsequent to the commencement of the Orissa land Reforms (Amendment) Act, 1973 [President’s Act 17 of 1973] by any person through inheritance, gift, family settlement, purchase, lease or otherwise, together with the lands held by him at the time of such acquisition exceed the ceiling area :
    Provided that the return required under Section 40-A shall be submitted to the Revenue Officer within ninety days from the date of such acquisition :
    Provided further that where an application under Section 57-A has been made on behalf of such person within the aforesaid period of ninety days, the return required under Section 40-A shall be submitted to the Revenue Officer within ninety days from the date of final disposal of the proceedings under Section 57-A.

    Explanation I. – If, as a result of irrigation facilities provided [by the Central Government, or the State Government, any local authority, any Government Company as defined in Section 617 of the Companies Act 1 of 1956 or any statutory body or corporation] to a person after commencement of the Orissa Land Reforms (Amendment) Act, 1973, any land falling at such commencement, within Class II, Class III or Class IV, falls, subsequent to such commencement within Class I or Class II, as the case may be, the lands held by such person in excess of the ceiling area applicable to the class of land to which such land has fallen as a result of the provision of such irrigation facilities shall be deemed to have been acquired and held by such person after such commencement.

    Explanation II. – Homestead lands which have been kept out of account in determining the ceiling area in respect of any person, shall, on ceasing to be used as homestead land after the commencement of the Orissa Land Reforms (Amendment) Act, 1973 [President’s Act 17 of 1973], be deemed to have been acquired and held by him with effect from the date on which such lands have so ceased to be used as homestead lands].

    [Explanation III. – Where in any local area record of-rights prepared under any law for the time being in force did not exist during the period of limitation provided under Section 40-A or 40-B and for the first time record-of-right in respect of lands in such area has been prepared and published under the Orissa Survey and Settlement Act 3 of 1958 after expiry of the said period of limitation and any person is recorded as the holder of any land in the record-of-rights so prepared, he shall, for the purpose of this section, be deemed to have acquired such land subsequent to the commencement of the Orissa Land Reforms (Amendment) Act, 1973 [President’s Act 17 of 1973] and the return, if any, required to be submitted under Section 40-A, shall be submitted to the Revenue Officer within ninety days from the date of commencement of the Orissa Land Reforms (Amendment) Act, 1989 or from the date of final publication of the record-of-rights, whichever is later.]

    CHAPTER-V

    Administrative machinery for implementation of Land Reforms

    53. Constitution of Land Commission. – (1) The Government may by notification constitute a Land Commission for the purpose of this Act.
    (2) (a) The Commission shall consist of seven members of whom three shall be officials and four non-officials to be nominated by the Government. They shall [unless the Commission is sooner reconstituted] hold office for a period of three years from the date of appointment.
    (b) The Land Reforms Commissioner shall be the ex officio Secretary to the Land Commission.

    (c) The Government shall nominate one of the members to be Chairman of the Commission.

    (3) The Commission shall have power to opt members for special purposes.
    (4) The proceedings of the Commission shall be conducted in such manner as may be prescribed.

    54. Function of Land Commission. – The Commission shall review the progress of the Land Reforms from time to time, publish report at least once a year and shall advise Government in all matters relating to Land Reforms.

    55. Constitution of District Executive Committee [and Local Committee] – (1) The Government may constitute for each district a District Executive Committee. The said Committee shall consist of three members of whom the Collector of the district shall be one. The two other members shall be non-officials to be nominated by the Government [who shall, unless the Committee is sooner reconstituted, hold office for a period of three years].
    (2) The Collector shall be the Chairman of the District Executive Committee and shall appoint a Revenue Officer to act as the Secretary of the Committee.
    [(3) The Government may constitute Local Committees for different areas of the State.
    (4) The constitution, term of office, powers and functions of the Local Committees shall be as may be prescribed and the business of the Committee shall be conducted in the prescribed manner.]

    56. Functions of the District Executive Committee. – The District Executive Committee shall review the progress of Land Reforms in the district.

    56A. Certificate of disability. – [(1) A person under disability specified in Sub-clause (a), (b) or (c) of Clause (21) of Section 2 may, subject to the rules made in that behalf, apply for a certificate specified in the proviso to that clause to the Revenue Officer.]
    (2) On receipt of such application [the Revenue Officer] shall give the person concerned or his guardian, if he is minor or of unsound mind an opportunity of being heard and may, after making such other enquiries [as he may deem fit] either reject the application or issue a certificate to the effect that such person is incapable of cultivating his land personally :
    Provided that if no orders are passed on such application within thirty days from the date of its filing the application shall be deemed to have been rejected.
    (3) The application under Sub-section (1) and the certificate to be issued under Sub-section (2) shall be in the prescribed form and the application shall be accompanied by the prescribed fee.

    56B. Cancellation of certificate of disability and its consequences. – (1) If the Revenue Officer, on application in that behalf by a tenant cultivating land under a person who is a person under disability, is satisfied that a certificate under Section 56-A was obtained by such person by fraud or by misrepresentation or suppression of any material fact, he may, after giving the tenant and the per; on an opportunity of being heard, cancel the certificate.
    (2) On cancellation of the certificate, the Revenue Officer may, on an application made in that behalf by the tenant within sixty days from the date of such cancellation and after giving the parties interested an opportunity of being heard, declare the whole of the land to be non-resumable and determine the fair and equitable rent and the compensation payable by the tenant in respect of the land in accordance with the provisions of Section 28 and on such determination the provisions of Sections 29 to 33 (both inclusive) 35-A and 36 shall, so far as may be, apply.

    57. Procedure to be followed by Revenue Officers. – (1) The Revenue Officer shall have same powers in making enquiries under this Act as are vested in Court in respect of the following matters under the Code of Civil Procedure, 1908 (5 of 1908) in trying a suit namely :
    (a) admission of evidence by affidavit;

    (b) summoning and enforcing the attendance of any person and examining him on oath;

    (c) compelling the production of documents; and

    (d) any other matter that may be prescribed.

    [(2) The Revenue Officers and other authorities shall have the power to award costs in proceedings before them in accordance with rules made in that behalf :
    Provided that if an appellate authority is satisfied that any appeal has been preferred on frivolous grounds it shall award such costs as it deems fit, the amount of which shall not be less than fifty rupees and more than five hundred rupees.
    (3) The procedure to be followed by Revenue Officer in holding enquiries or in the matter of execution of orders passed under this Act shall be as may be prescribed.]

    [57A. Constitution of Tribunals and declaration of trust to be religious or charitable trust of a public nature. – (1) The Government may, by notification in the official Gazette, constitute one or more Tribunals having such local jurisdiction as may be specified in such notification for the purpose of Sub-clause (e) of Clause (24) of Section 2.
    (2) The Tribunal shall consist of one member to be appointed by the Government from among the officer of the State Judicial Service not below the rank of a Subordinate Judge.
    (3) Any trustee or trustees desiring to get any trust declared to be a religious or charitable trust of a public nature under Sub-clause (e) of Clause (24) of Section 2 may make an application to the Tribunal in such form and containing such particulars as may be prescribed :]
    [Provided that no application under this sub-section shall be maintainable, if-
    (a) it relates to a trust which has been created and established after the 26th day of September, 1970; or

    (b) it is filed after the date of expiry of a period of six months from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1976 :

    Provided further that nothing in Clause (a) of the preceding proviso shall affect any declaration made prior to the date of commencement of the Orissa Land Reforms (Amendment) Act, 1976.]

    (4) On receipt of an application under Sub-section (3), the Tribunal may after making such inquiry and in such manner as may be prescribed by order, declare such trust to be a religious or charitable trust or refuse to make such declaration :
    Provided that no order refusing to make such declaration shall be made without giving an opportunity to the trustee or trustees being heard in the matter.

    (5) The Tribunal shall while holding an inquiry under this section, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:
    (a) summoning and enforcing the attendance of any person and examining him on oath;

    (b) requiring the discovery and production of any documents;

    (c) reception of evidence on affidavits;

    (d) requisition any public record from any Court or office;

    (e) issuing commission for examination of witnesses.

    (6) The Tribunal shall have power to regulate its own procedure.
    (7) The Tribunal shall, as far as may be practicable, dispose of an application made under this section within a period of six months from the date of receipt of such application.]

    57B. Reference of cases of certain privileged raiyats by the Collector. – (1) If the Collector of the district on his own information or on receipt of information from any source whatsoever, is of opinion that there are circumstances to indicate that in respect of any trust or other institution which is a privileged raiyat within the meaning of Sub-clause (c) of Clause (24) of Section 2 –
    (a) return of the accounts of such trust or other institution has not been periodically furnished or lands belonging to the trust or other institution have been alienated or encumbered without the previous permission of the authority prescribed in that behalf, at any time prior to the commencement of the Orissa Land Reforms (Amendment) Act, 1973 [President’s Act 17 of 1973; or

    (b) the trust or other institution has ceased to provide benefit to the public;

    he may make an application to the Tribunal constituted under Section 57-A for a declaration that such trust or other institution has ceased to be a privileged raiyat.
    (2) On receipt of an application under Sub-section (1) the Tribunal may, after making such enquiry and in such manner as may be prescribed, by order, declare the trust or other institution to have passed a privileged raiyat:
    Provided that no such declaration shall be made without giving an opportunity to the trustee or trustees or the person in charge of management of the trust or other institution, as the case may be, of being heard in the matter.
    (3) The provisions contained in Sub-sections (5), (6) and (7) of Section 57-A shall apply to an inquiry held under this section in the same manner as they apply to inquiries held under that section.
    (4) On a declaration being made under Sub-section (2), the Revenue Officer may, on application in that behalf by any tenant cultivating any land under such trust or other institution filed within sixty days from the date of the order made under the said sub-section and after giving the parties interested an opportunity of being heard, declare the whole of the land in cultivation of the tenant to be non-resumable and determine the fair and equitable rent and the compensation payable by the tenant in respect of the land in accordance with the provisions of Section 28 an on such determination the provisions of Sections 29 to 33 (both inclusive) 35-A and 36 shall, so far as may be apply.
    (5) The trustee or trustees or the person in charge of management, as the case may be, of the trust or other institutions in respect of which a declaration is made under Sub-section (2), if the lands held by it on the date of the order made under the said sub-section exceed the ceiling area, submit return in accordance with the provisions of Section 40-A within ninety days from the said date and the provisions of Chapter IV shall, so far as may be, apply to the lands so held.]

    CHAPTER-VI

    Miscellaneous

    58. Appeal. – (1) Any person aggrieved by an order passed under any of the following sections may prefer an appeal to the prescribed authority, namely :
    Sections 4, [8-A], 9, (4), 10,12 (2), 15,16,17,18,1 9 (1), (c), 20, 21 22, (1), [22-A (5), 23 (2), 23-A] 27, 28, [34-A, 35], [36-A], [36-C, 42], [45-B (1)], [52, 55-A, 56-B and 57-B (4)].

    [(2) The procedure of filing and disposal of appeals shall be as may be prescribed.]

    [(3) Any tenant aggrieved by an order passed under Section 27, Section 35 or Section 36-A (other than an order dismissing the case for default or non-prosecution) prior to the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 may, if he has not preferred an appeal as provided in Sub-section (1), prefer the same within one year from the said date.

    59. Revision. – (1) The prescribed authority may, on application by any party aggrieved by any order passed in an appeal under any provision of this Act filed within the prescribed period revise such order.

    (2) The Board of Revenue may, on being moved in that behalf by the Collector of a district or by the Land Reforms Commissioner revise any order passed by any authority under this Act within twenty-five years from the date of such order.
    Validation. – Notwithstanding anything to the contrary in any judgement, decree or order of any Court or other authority, any order passed by the Board of Revenue in exercise of the powers of revision under Sub-section (2) of Section 59 of the principal Act, as it stood prior to the date of publication of this Act shall, if such order has been passed within twenty-five years from the date of the order revised, be deemed, for all intents and purposes, to have been validly and effectively passed as if Sub-section (2) of Section 59 of the principal Act as amended by Section 2 of the Act was in force at all material times and, accordingly, no suit or other legal proceeding shall be instituted, maintained or continued in any Court or before other authority on the ground that the Board of Revenue had exercised its power of revision, under the said Sub-section (2) of Section 59 without reasonableness and with undue delay.
    (3) For the purposes of revising any order, prescribed authority and the Board of Revenue shall follow such procedure as may be prescribed and shall have power to call for and examine the records of the proceedings wherein such order was passed and to pass such order as they deem fit :
    Provided that no order under this section shall be passed without giving the parties concerned a reasonable opportunity of being heard.

    60. Review. – (1) Any order passed under this Act may, after notice to all persons interested, be reviewed by the officer who made the order or his successor in office on the ground of any clerical mistake or error in course of any proceeding under this Act.
    [(2) Without prejudice to the provisions of Sub-section (1), where the appellate authority, on application filed by the concerned party within two years from the date of finalisation of a statement under Sub-section (3) of Section 44 or within sixty days from the date of the appellate order, whichever ‘period expires later is satisfied that any land has been, included in such statement in contravention of any provision of this Act, he may modify the order passed by the Revenue Officer under the said section :
    Provided that no such modification shall be made without giving the parties concerned a reasonable opportunity of being heard :
    Provided further that no such modification shall be made if –
    (a) an application for revision under Section 59 is pending; or

    (b) an order has been passed under that section.]

    61. Orders to be final. – Any order passed under any of the provisions of this Act shall, subject to any order passed in appeal or revision, as the case may be, final and shall not be called in question in any Court law.

    62. Court-fees. – Notwithstanding anything contained in the Court-fees Act, 1870, every petition or application or memorandum of appeal under this Act, shall bear Court-fee stamp, if any of such value as may be prescribed.

    63. Limitation. – [(1) The State Government may, by notification from time to time for sufficient reasons, extend the period of limitation provided under Second Proviso to Sub-section (2) or the Second Proviso to Subsection (5) of Section 4 or under Section 36-A by such further period as the they deem proper, so however, that the total period of extension shall in no event exceed two years].
    [(2)] Every appeal or application for revision under this Act unless specifically provided elsewhere in the Act shall be filed, within a period or [thirty] days from the date of the order against which such appeal or revision is preferred. The provisions of Section 4, 5, 12 and 14 of the Indian Limitation Act, 1908 (II of 1908) shall apply to the filing of such appeal or application for revision.

    64. Enquiries and proceedings to be judicial proceedings. – All proceedings under this Act before any prescribed authority, Revenue Officer, Collector or the Board of Revenue shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 and for the purposes of Section 196 of Indian Penal Code, 45 of 1860.

    65. Execution of orders. – [(1)] The authority passing an order under any of the provisions of this Act may on his motion or an application in the prescribed manner direct that possession of any land forming the subject of such an order be delivered to the person entitled to such possession and take such steps as may be necessary to give effect to his orders.
    [(2) Penalties and other dues, if any, payable to Government under the provisions of this Act shall be realisable as arrears of land revenue.]

    66. Fees of legal practitioners not to form part of cost. – Fees of legal practitioners appearing in any proceedings under this Act shall not from part of the costs in any such proceedings.

    67. Bar of jurisdiction of Civil Courts. – [Save as otherwise expressly provided in this Act], no Civil Court shall have jurisdiction [to try and decide] any suit or proceedings so far as it relates to any matter which any officer or other competent authority is empowered by or under this Act to decide.
    68. Penalties. – (1) Whoever contravenes any lawful order passed under this Act or if obstructs any person from lawfully taking possession of any land under this Act or makes declaration or furnishes any information, which may be or is required to be made or furnished under this Act and which he knows to be false or has reason to believe to be false, shall on conviction be punishable with imprisonment of either description which may extend to six months or with fine, which may extend to five hundred rupees or with both.
    [(2) Whoever fails to submit a return as required under Section 40-B shall, on conviction be punishable with imprisonment of either description which may extend to six months or with fine which may extend one thousand rupees or with both.]
    [(3) Whoever after having been evicted under Section 23 or under Section 23-A from any holding of a raiyat belonging to a Scheduled Tribe or a Scheduled Caste, re-occupies the same without a valid transfer made in his favour, shall, on conviction, be punishable with rigorous imprisonment or with fine which may extend to two thousand rupees, or with both.]

    69. Delegation of power. – The Government may by notification, direct that any power which is conferred on them by this Act; shall, in such circumstances and under such conditions, if any, as may be specified in the said notification, be exercised or discharged by any officer so empowered.

    70. Indemnity. – (1) No suit, prosecution or other legal proceeding shall lie against any person for anything is in good faith done or intended or purported to be in pursuance of this Act or any rules or orders made thereunder.
    (2) No suit or other legal proceeding shall lie against the Government or any officer or authority for any damage caused or likely to be caused, for any injury suffered, or is likely to be suffered by virtue of any provision of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.

    71. Executive instructions. – In all matters connected with this Act, Government shall have power to issue such instructions and directions as they think fit with respect to the discharge of executive or administrative function by any of the authorities assigned to them under this Act.

    72. Power to enter upon land. – Subject to any condition and restrictions as may be prescribed any officer entrusted with the performance of any duty under this Act may, at any time between sun-rise and sun-set, enter upon any land with such other officers or persons as he deems fit and make survey and take measurement of any land and do all other acts necessary for carrying out his duties under this Act.

    73. Act not to apply to certain lands. – Nothing contained in this Act, shall apply –
    (a) to the Government in respect of lands held by them and which is used or set apart for any public purposes;

    [(b) to land held by –

    (i) the Government of India,

    (ii) any local authority,

    (iii) any University established by law in the State,

    (iv) the Bhoodan Yagna Samiti established under the Orissa Bhoodan and Gramdan Act, 1970 (Orissa Act 2 of 1971),

    (v) any Government, company as defined in the Companies Act, 1956 (1 of 1956),

    (vi) any Corporation established under any law in force;]

    (c) to any area which the Government may, from time to time by notification in the Official Gazette specify as being reserved for urban, non-agricultural or industrial development or for any other specific purposes; and

    [(d) to any land which was under the management of any Civil, Revenue or Criminal Court immediately prior to the 26th day of September, 1970, for so long as such management continues]

    74. Repeal. – (1) On the coming into force of Chapter I of this Act the Orissa Land Tenant’s Relief Act, 1955, (1 of 1955) shall be repealed.
    (2) The repeal under Sub-section (1) shall not affect –
    (a) the previous operation of the said enactment or anything duly done or suffered thereunder; or

    (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactment; or

    (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactment; or

    (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding, remedy may be instituted, such penalty, forfeiture or continued or enforced, and any punishment may be imposed as if this Act had not been passed.

    75. Power to make rules. – (1) The Government may, after previous publication, make rules for carrying out all or any of the purposes of this Act.
    (2) In particular and without prejudice to the generality of the foregoing powers they may make rules in respect of all matters expressly required or allowed by this Act to be prescribed.
    (3) All rules made under this section shall be laid before the Legislature Assembly as soon as possible after they are made for a total period of fourteen days which may be comprised in one or more sessions and shall be subject to such modification as the Assembly may make during the said period.

    76. Power to remove doubts and difficulties. – If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything not inconsistent with the provisions of this Act or the rules made thereunder, which appears to them necessary for purpose of removing the doubt or difficulty.

    Appendix-I

    [Orissa Act 13 of 1976]

    The Orissa Land Reforms (Amendment) Act, 1976

    3. Repeal and savings. – (1) The Orissa Land Reforms (Amendment) Ordinance, 1976 (7 of 1976) is, hereby repealed.
    (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act were in force on the day on which such thing was done or such action was taken.

    Appendix-II

    [Orissa Act 18 of 1970]

    The Orissa Land Reforms (Amendment) Act, 1970

    3. Repeal and savings. – (1) The Orissa Land Reforms (Amendment) Ordinance 2 of 1970, is hereby repealed.
    (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance shall be deemed to have been done or taken under this Act as if this Act were in force on the day on which such things was done or such action was taken.

    Appendix-III

    [President’s Act 17 of 1973]

    The Orissa Land Reforms (Amendment) Act, 1973

    23. Provisions regarding pending proceedings. – (1) All proceeding commenced under Chapter IV of the principal Act and pending the commencement of this Act shall abate.
    (2) The returns, if any, submitted by any person under the principal Act before the commencement of this Act, shall be treated as evidence and taken into consideration in determining the ceiling area under the principal Act, as amended by this Act.
    (3) All cases arising under Sub-clause (b) of Clause (24) of Section 2 of the principal Act and pending before any Revenue Officer immediately before the commencement of this Act shall stand transferred to the Tribunal constituted under Section 57-A of the principal Act as amended by this Act and having jurisdiction and thereupon the provisions of the said Section 57-A shall, so far as may be, apply in relation to the cases so transferred to the said Tribunal.
    24. Repeal. – The Orissa Prohibition of Alienation of Land Act, 1972 (16 of 1972) is hereby repealed.

    Appendix – IV

    [Orissa Act 9 of 1974]

    The Orissa Land Reforms (Amendment) Act, 1974

    23. Provisions regarding pending proceedings. – (1) All proceedings commenced under Chapter IV of the principal Act and pending the commencement of this Act, shall abate.
    (2) The returns, if any, submitted by any person under the principal Act before the commencement of this Act, shall be treated as evidence and taken into consideration in determining the ceiling area under the principal Act as the amended by this Act.
    (3) All cases arising under Sub-clause (b) of Clause (24) of Section 2 of the principal Act and pending before any Revenue Officer immediately before the commencement of the Act shall stand transferred to the Tribunal constituted under Section 57-A of the principal Act as amended by this Act and having jurisdiction and thereupon the provisions of the said Section 57-A shall, so far as may be, apply in relation to the cases so transferred to the said Tribunal.
    24. Repeal of Orissa Act 76 of 1972 (President’s Act No. 17 of 1973) and Orissa Ordinance No. 2 of 1974. – (1) The Orissa Prohibition of Alienation of Land Act, 1972 (16 of 1972) the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973) and the Orissa Land Reforms (Amendment) Ordinance, 1974 (2 of 1974) are hereby repealed.
    (2) Notwithstanding the repeal of the Orissa Land Reforms (Amendment) Act, 1973 (President’s Act 17 of 1973) and the Orissa Land Reforms (Amendment) Ordinance, 1974 (2 of 1974), anything done or any action taken under the principal Act as amended by the said Act and the Ordinance shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act.
    Appendix-V

    [Orissa Act 47 of 1975]

    The Orissa Land Reforms (Amendment) Act, 1975

    4. Repeal and savings. – (1) The Orissa Land Reforms (Amendment) Ordinance, 1975 (6 of 1975) is hereby repealed.
    (2) Notwithstanding such repeal anything done, any action taken or any notification issued under the said Ordinance, shall be deemed to have been done, taken or issued under the principal Act as amended by this Act.
    Appendix-VI

    [Orissa Act 29 of 1976]

    The Orissa Land Reforms (Second Amendment) Act, 1976

    30. Transitory provisions. – Any appeal under the principal Act or any revision under Section 59 thereof pending on the date of commencement of this Act, shall be heard and disposed of as if this Act had not been passed.
    Appendix-VII

    [Orissa Act 44 of 1976]

    The Orissa Land Reforms (Second Amendment) Act, 1976

    20. Saving. – Notwithstanding the amendment of Section 63 of the principal Act by this Act, the period of limitation in respect of an appeal or an application for revision as referred to in that section, against an order passed prior to the date of commencement of this Act, shall be sixty days from the date of the order.
    Appendix-VII

    [Orissa Act 29 of 1993]

    The Orissa Land Reforms (Amendment) Act, 1992

    3. Validation. – Notwithstanding anything to the contrary in any judgement, decree or order of any count or other authority, and order passed by the Board of Revenue in exercise of the powers of revision under Sub-section (2) of Section 59 of the principal Act, as it stood prior to the date of publication of this Act shall, if such order has been passed within twenty five years from the date of order revised, be deemed, for all intents and purposes, to have been validly and effectively passed as if Sub-section (2) of Section 59 of the principal Act as amended by Section 2 of this Act was in force at all material times and, accordingly, no suit or other legal proceeding shall be instituted, maintained or continued in any Court or before other authorities on the ground that the Board of Revenue had exercising its power of revision under the said Sub-section (2) of Section 59 without reasonableness and with undue delay.

    Connected laws: Orissa Land Reforms (General) Rules, 1965

    Meaning of land under Delhi Land Reforms Act

    Posted on by in CIVIL and tagged .

    Delhi Land Reforms Act, 1954 — Section — 2(13)

    (10) Section 2(13) of the Act defines “land” as under :

    “”land” except in Sections 23 and 24, means land held or occupied for purposes connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming and includes- (a) buildings appurtenant thereto, (b) village abadis, (c) grovelands, (d) lands for village pasture or land covered by water and used for growing sigharas and other produce or land in the bed of a river and used for casual or occasional cultivation, but does not include- land occupied by buildings in belts of areas adjacent to Delhi town and New Delhi town, which the Chief Commissioner may by a notification in the official Gazette declare as an acquisition thereto.”Continue Reading

    Land Conversion under West Bengal Land Reform Act

    Posted on by in LAND and tagged , , .
    the State of West Bengal

    Refer: West Bengal Land Reform Manual

    160. Change in land use is regulated by sections 4, 4A, 4B, 4C and 4D of the West Bengal Land Reforms Act, 1955, and Rule 5A made there under.

    Besides section 46 of the West Bengal Town and Country (Planning and Development) Act also places some restrictions on change in land use. While the latter Act is implemented by institutions authorised by the Planning Authority or the Development Authority in this behalf, provisions of the former Act are to be enforced by Officers of the Land and Land Reforms Administration.Continue Reading

    Restrictions on Alienation of Land by Scheduled Tribes under The West Bengal Land Reform Act 1955

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    INTRODUCTION

    The tribal economy was simple but with the gradual contact with the non-tribals they started taking loans. The wiles of money-lenders and traders exploited their innocence. Honest, truthful and hard working tribals become prey for the greed and exploitation by non-tribals. They charged maximum rate of interest etc. for fringe money or gains or goods lent to them. Tribes had to repay disproportionately in three or four-fold in kind. Exorbitant rate of interest was charged and repayment collected in kind, i.e., the produce in three or four-fold. In the “Land Alienation and Restoration in Tribal Communities in India” edited by S. N. Dubey and Ratna Murdia, (Himalaya Publishing House), compilation of articles presented and read out at a Seminar organised by Tata Institute of Social Science in which bureaucrats and social scientists participated. B. Danam, IAS, then Project Officer, ITDA, Khammam, had highlighted in his paper about diverse modes of exploitation by moneylenders of the tribals in Andhra Pradesh. They were : short-term loan at an exorbitant rate of interest (Kandagutha), the repayment of which was made in kind, i.e., harvest produced from a particular extent of land; the medium-term loan on the security of the immovable property, repayable with compound interest at yearly or half-yearly rests. Third mode was lease of land against a loan for a fixed number of years (Tirumanam) during which period the Tribes have to cultivate their land, raise the crop and deliver the entire produce to the money-lender; by usufructuary mortgage, the money-lender remains in possession and enjoys the produce from the land for a fixed number of years or till the principal sum is repaid; by advancing cash and find loans (Namu) and lending commodities like food grains mostly for sustenance during the lean months or for seedlings, on the condition that the same would be repaid in full along with flat rate of interest at the time of harvest and in default payment should be with compound interest; in case of further default, the accumulated arrears get merged with the principal, i.e., by way of compound interest. The other types of money-lending extend to petty loans or selling clothes on credit to the Tribes during the lean months on the condition that it would be paid in full at the time of harvest and in default the money-lender would take over the land by threat of physical force.

    The West Bengal Land Reform Act 1955

    14A. Provisions of Chapter IIA to override other provisions of this Act.—The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained elsewhere in this Act.

    14B. Restrictions on alienation of land by Scheduled Tribes.—Save as provided in section 14C, [any transfer, other than restoration made under section 14E, by a raiyat] belonging to a Scheduled Tribe of his [plot of and] or part thereof shall be void.

    14C. Modes of transfer of land by Scheduled Tribes.—(1) A raiyat belonging to a Scheduled Tribe may transfer his [plot of land] or part thereof in any one of the following ways, namely,—

    (a) by a complete usufructuary mortgage entered into with a person belonging [to a Scheduled Tribe] for a period not exceeding seven years;

    (b) by sale or gift to the Government for a public or charitable purpose;

    (c) by simple mortgage to the Government or to a registered cooperative society;

    [(cc) by simple mortgage or mortgage by deposit of title deeds in favour of a scheduled bank, a cooperative land mortgage bank or a corporation, owned or controlled by the Central or State Government, or by both, for the development of land or improvement of agricultural production;]

    [(d) by gift or will to a person belonging to a Scheduled Tribe;]

    [(e) by sale or exchange in favour of any person belonging to a Scheduled Tribe:

    Provided that any such raiyat may, with the previous permission, in writing, of the Revenue Officer, transfer by sale his [plot of land] or any part thereof to a person not belonging to any Scheduled Tribe:

    Provided further that no such permission shall be granted by the Revenue Officer unless he is satisfied that no purchaser belonging to a Scheduled Tribe is willing to pay the’ fair market price of the [plot of land] or any part thereof and that the proposed sale is intended to be made for one or more of the following purposes, namely,—

    (a) for the improvement of any other part of the [plot of land], or

    (b) for investment, or

    (c) for such other purposes as may be prescribed.]

    [(2) xxx ]

    (3) A complete usufructuary mortgage referred to in sub-section (1) may be redeemed at any time before the expiry of the term.

    (4) A mortgagor under a complete usufructuary mortgage intending to redeem such mortgage before the expiry of its term or any person acting on his behalf, may make an application for redemption in such form and containing such particulars as may be prescribed to the Revenue Officer. On receipt of such application the Revenue Officer shall after service of notice to the mortgagee make an enquiry in the prescribed manner and pass a preliminary order declaring the amount due under such mortgage to the mortgagee at the date of such order and fixing a date for payment of such amount by the mortgagor. If the mortgagor pays such amount by the date so fixed the Revenue Officer shall make a final order directing the mortgagee to restore possession of the mortgaged property and to deliver up the mortgage-deed, to the mortgagor.

    (5) A final order made under sub-section (4) shall be executed by the Revenue Officer in such manner as may be prescribed.

    Explanation.—In this section “complete usufructuary mortgage” means a transfer by a raiyat of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of loan upon the condition that the loan, with all interest thereon, shall be deemed to be extinguished by the profits arising from the land during the period of the mortgage.

    14D. Transfer in contravention of Chapter HA shall not be valid unless registered.—(1) No transfer of any land or any interest in such land by a raiyatbelonging to a Scheduled Tribe shall be valid unless made by a registered instrument.

    (2) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908) or in any other law for the time being in force, no instrument of transfer or dealing with land or interest in such land by a raiyat belonging to the Scheduled Tribe made in contravention of the provisions of this Chapter shall be recognised as valid by any court, officer or authority exercising civil, criminal or revenue jurisdiction and no registering officer shall register any such instrument unless he is satisfied that the instrument does not contravene any of the provisions of this Chapter.

    (3) If, in course of registration of any instrument referred to in sub-section (2) or in any proceeding relating to the registration of such instrument or in any proceeding before any civil, criminal or revenue court, any question arises as to whether the raiyat executing such instrument belongs to the Scheduled Tribe or as to whether such instrument has been made in contravention of the provisions of this Chapter, the registering officer or other officer or authority exercising powers under the Registration Act, 1908 (16 of 1908) or the civil, criminal or revenue court before whom such question arises, shall refer such question to the Revenue Officer referred to in section 14C and shall give effect to the decision of the Revenue Officer.]

    14E. Power to Revenue Officer to set aside improper transfers by raiyat.—(1) If a transfer of a [plot of land] or any portion thereof is made by a ralyat belonging to a Scheduled Tribe in contravention of the provisions of section 14C, or if the permission for the transfer is found, after an inquiry in the prescribed manner, to have been obtained by misrepresentation or fraud, or if in the case of a complete usufructuary mortgage referred to in clause (a) of sub-section (1) of section 14C, the transferee has continued or is in possession for more than seven years from the date of transfer, the Revenue Officer may, of his own motion or on an application made in that behalf and after giving the transferee an opportunity of being heard, by an order in writing annul the transfer where necessary and eject the transferee from such [plot of land] or part thereof :

    Provided that the transferee whom it is proposed to eject has not been in continuous possession for [thirty years] under the transfer made in contravention of section 14C, or in the case of a complete usufructuary mortgage referred to in clause (a) of sub-section (1) of section 14C, for [thirty years] from the expiry of the[period of seven years, notwithstanding anything contained in the Limitation Act, 1963 (Act 36 of 1963)].

    (2) When the Revenue Officer has passed any order under sub-section

    (1), he shall restore the transferred [plot of land] or part thereof to [the transferor or his successor-in-interest, in such manner as may be prescribed.]

    [Explanation.—For the purpose of this sub-section, the word “restoration” shall mean restoration of the plot of land or part thereof which has been transferred by araiyat belonging,to a Scheduled Tribe and include an equivalent quantum of plot of land or part thereof of the same character within the near vicinity of the transferred plot of land or part thereof.]

    [(3) For the purpose of restoration of possession of any land and evicting any person in actual occupation of such land under sub-section (2), any such Revenue Officer may use such force as may be required for evicting the person in actual occupation of such land and may send a written requisition in such form and in such manner as may be prescribed to the officer-in-charge of the local police station having jurisdiction or to any police officer superior in rank to such officer-incharge, and on receipt of such written requisition, the police officer concerned shall render all necessary lawful assistance for enforcing delivery of possession of such land:

    Provided that the provisions of this sub-section shall not be ‘applicable to any person not belonging to the Scheduled Tribe, if he has been owning, possessing or cultivating land not exceeding 0.4047 hectare in area in the aggregate and the transfer was made by a member of the Scheduled Tribe owning, possessing or cultivating land measuring 4 hectares or more in area in the aggregate.]

    14F. Restriction on the sale of raiyat’s [plot of land] or any portion thereof.-[(1) No decree or order shall be passed by any court for the sale of the [plot of land] or any portion thereof, of a raiyat belonging to a Scheduled Tribe nor shall any such [plot of land] be sold in execution of any decree or order.

    (2) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), and the Indian Contract Act, 1872 (9 of 1872), no decree or order relating to any land or interest in such land shall be passed by any court against a raiyat belonging to a Scheduled Tribe on the basis of any consent, agreement or compromise. Any such decree or order passed in contravention of this sub-section shall be void.]

    14FF. Benami transaction or instrument to be void.—(1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of 1882) or in any other law for the time being in force, any benami transaction or instrument relating to any land or any interest therein showing the name of any person belonging to a Scheduled Tribe as the ostensible owner shall be void for all purposes.

    (2) No Court shall entertain any suit to enforce any right in respect of any such land or interest in such land against a person belonging to a Scheduled Tribe by or on behalf of a person claiming to be the real owner of such land or interest therein.

    14G. Power to the Revenue Officer to settle or sell [plot of land] for realization of certificate dues.—(1) When a certificate is filed for the recovery of an arrear of revenue or any other public demand recoverable under the Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of 1913), in respect of the [plot of land] of a raiyat belonging to a Scheduled Tribe, the Certificate Officer shall, before a proclamation for sale of the [plot of land] is issued in execution of the certificate, refer the case to the Revenue Officer having jurisdiction who may, in his discretion—

    (a) eject the defaulting raiyat from his [plot of land] and put another person belonging to a Scheduled Tribe in possession of the [plot of land] for a period not exceeding seven years on payment of the amount due in respect of the certificate by him; or

    (b) sell the [plot of land] to a member of a Scheduled Tribe, if available, and, if not available, to any other person at a fair market price to be fixed by the Revenue Officer, not being less than the amount due in respect of the certificate:

    Provided that if the homestead of the defaulting raiyat is comprised in the [plot of land], he shall not be ejected from such homestead under clause (a), nor shall such homestead be sold under clause (b).

    (2) (I) If the Revenue Officer puts any person in possession of the [plot of land] under clause (a) of sub-section (1) for any period, the amount paid by such person shall, at the end of such period, be deemed to have been satisfied in full, and the Revenue Officer shall then restore the [plot of land] to the defaulting raiyat.

    (ii) If the Revenue Officer sells the [plot of land] under clause (b) of sub-section (1), any amount that may remain out of the sale-proceeds after satisfaction of the amount due in respect of the certificate shall be paid to the defaulting raiyat.

    14H. Appeal and revision.—An appeal, if presented within thirty days from the date of the order appealed against, shall lie to the Munsif having jurisdiction from any order made under sub-section (4) of section 14C or section 14E or section 14G and his order shall be final:

    Provided that an application for revision or modification of the order passed by the Munsif on appeal shall lie to the District Judge if made within sixty days from the date of the order:

    Provided further that the provisions of section 5 of the Limitation Act, 1963 (Act 36 of 1963), shall apply to an appeal under this section.

    14HH. Setting aside of sale of land of a raiyat belonging to a Scheduled Tribe.—Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, every court exercising appellate or revisional jurisdiction shall, either of its own motion or on an application made in this behalf, set aside the sale of land of a raiyat belonging to a Scheduled Tribe or any portion of such land in execution of a decree in favour of a person not belonging to a Scheduled Tribe, notwithstanding the failure of the party to file any objection before the court which passed the decree or passed any order for execution of the decree.

    14I. Bar to suits.—No suit shall lie in any Civil Court to vary or set aside any order passed by the Revenue Officer in any proceeding under this Chapter except on the ground of fraud or want of jurisdiction.

    Comment:-

    Prohibition of Transfer

    Some Regulation prohibits absolutely the transfer of land in scheduled areas of Andhra Pradesh between tribals and non-tribals or non-tribals inter se. In 1971, an amendment was made to exempt hypothecation of lands by tribes to the Co-operative Land Mortgage Banks and other financial institutions approved by the Government, subject to certain conditions. In Assam, the Assam Land and Revenue Regulation Act, 1964 was enacted. In Himachal Pradesh, the H.P. Transfer of Land (Regulation) Act, 1968 was made. In Karnataka, the Bombay Tenancy and Agricultural Lands Act, 1948 was made applicable in Bombay region of the Karnataka Stale. The Mysore Land Revenue (Amendment) Rule, 1960 was suitably amended imposing restriction or alienation of the lands allotted to the Scheduled Tribes and Scheduled Castes without prior permission of the Government. In Kerala, the Kerala Land Reforms Act, 1963 contains similar provision. The Kerala Scheduled Tribes (Restriction of Transfer of Land and Regulation of Alienation of Lands), Act, 1975 was enacted for the same object which has recently been amended by a bill, details whereof are not available. Madhya Pradesh, the M.P.L.P. Code, 1959, under Sections 165(6) and 168(1), prohibits alienation of land and remedy .of restoration thereof is provided. In Manipur, the Manipur Land Reforms and Land Revenue Act,; 1970 was made. Similarly, the Orissa Scheduled Areas (Transfer of Immovable Property) Regulation and also Orissa Land Reforms Act, 1960 were made for the same purpose. The Rajasthan Tenancy Act, 1955, as amended in 1956, prohibits such transfer of lands. In Sikkim, Sikkim Revenue Order, 1977 and Sikkim Agricultural Land Ceiling and Reforms Act, 1977 are enforced. Equally, the Madras Cultivating Tenants Protection Act, 1955 provides the same relief. In Tripura, Tripura Land Revenue and Land Reforms Act, 1960 imposes similar restrictions. In Uttar Pradesh, the U. P. Land Laws (Amendment) Act, 1982 was made though its implementation was stayed by the High Court.

    Constitutional Scheme to protect the Tribes

    Chapter VI, Part X of the Constitution deals with “Scheduled Tribes and Tribal Areas”. Article 244 provides that the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the State of Assam, Meghalaya, Tripura and Mizoram. The provision of Clause (2) of Article 244-A are not relevant for the purpose of this case; hence omitted. The Fifth Schedule makes the provisions as to the administration and control of Scheduled Area and Scheduled Tribes. Para (1) envisages that unless the context otherwise requires, the expression “State” defined in the Schedule does not include the State of Assam. Meghalaya, Tripura and Mizoram. Part V of the Schedule gets attracted to the administration and control. Para (2) envisaged that subject to the provisions of the Schedule, the executive power of a State extends to the Scheduled Areas enumerated therein. Special duty has been entrusted to the Governor to report to the President of the administration of scheduled area. It enjoins that the Governor of each State, having Scheduled Areas therein, shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said area. Para 5(2) provides that the Governor may make regulations for the peace and good Government of any area in a State which is for the time being a Scheduled Area. Without prejudice to the above general power, special power has been conferred under Clause (a) to prohibit or to restrict the transfer of land by or among members of the Scheduled Tribes in such area and under Clause (b) to regulate the allotment of land to members of the Scheduled Tribes in such area; under Clause (c) regulates money-lending to the tribals in the Scheduled Area.

    In the Constitution, the expression ‘Scheduled Areas’ has been defined to mean such area as the President may by order declare to be Scheduled Areas. Clause (2) of para 6 provides that the President may at any time by order (a-) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area; (aa) increase the area of any Scheduled Area in a State, after consultation with the Governor of that State; (b) alter, but only by way of rectification of boundaries, any Scheduled Area; (c) on any ” alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of a Scheduled Area. Clause (d) deals with the rescission of any order under para 6. Such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of that paragraph shall not be varied by any subsequent order. Part D, para 7 empowers the Parliament to amend the Schedule by way of addition, variation or repeal of any of the provisions of the Fifth Schedule. Such a varied or modified Schedule shall be referred to such amended Schedule. The other details are not material for the purpose of this case. Hence they are omitted.

    Meaning of Person :

    The word ‘person’ in the interplay of juristic thought is either natural or artificial. Natural persons are human beings while artificial persons are Corporations. Corporations are either Corporation aggregate or Corporation sole. In “English Law” by Kenneth Smith and Denis Keenan (Seventh Edition) at page 127, it is staled that “legal personality is not restricted to human beings. In fact various bodies and associations of persons can, by forming a corporation to carry out their functions, create an organisation with a range of rights and duties not dissimilar to many of those possessed by human beings. In English law such corporations are formed either by charter, statute or registration under the Companies Acts; there is also the common law concept of the Corporation Sole”. At page 163. it is further staled that “(T]he Crown is the executive head in the United Kingdom and Commonwealth, and government departments and civil servants act on behalf of the Crown”. In “Salmond on Jurisprudence” by P. J. Fitzgerald [Twelfth Edition], at page 66, it is stated that “[A] legal person is any subject-matter other than a human being to which the law attributes personality. This extension, for good and sufficient reasons, of the conception of personality beyond the class of human beings is one of the most noteworthy feats of the legal imagination…”.At page 72, it is further amplified that “[T]he King himself, however, is in law to mere mortal man. He has a double capacity, that is to say, a corporation sole. The visible wearer of the crown is merely the living representative and agent for the time being of this invisible and underlying persona fact, in whom by law the powers and prerogatives of the government of this realm are vested”. In “Jurisprudence” by R. W. M. Dias [Fifth Edition], at page 265, it is stated that”…the value of personifying group activities is further reduced by the fact that courts have evolved ways of dealing with such activities without resorting to the device of persona”.