In exercise of the powers conferred by
Section 27 of the Odisha Special Survey and Settlement Act, 2012 (Odisha Act 5
of 2012) the State Government do hereby make the following rules, namely CHAPTER-I PRELIMINARY (1)
These rules may be called the Odisha Special
Survey and Settlement Rules, 2012. (2)
They shall come into force on the date of
their publication in the Odisha Gazette. (1)
In these rules unless the context otherwise
requires, - (a)
"Act" means the Odisha Special
Survey and Settlement Act, 2012; (b)
"Form" means a form appended to
these rules; (c)
"Section" means a section of the
Act; and (d)
"Tahasildar" means the Chief
Officer-in-charge of revenue administration of a Tahasil and includes an
Additional Tahasildar and any other Officer whom the Board of Revenue may
appoint to discharge any of the functions of Tahasildar under these rules in
any area specified in that behalf. (2)
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. (1)
All notices required under the Act or these
rules shall be in writing. (2)
Where no other specific mode of service of
notice is provided in 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, if the notice is addressed to only one person. If it
is addressed to a number of persons or to persons in general, it shall be
served in the manner prescribed for the service of summons on a defendant under
the Code of Civil Procedure, 1908 or by proclamation and beat of drum or by
posting it, in the presence of not less than two persons in some conspicuous
place in the village. (3)
In the case of an uninhabited village, the
service of any general notice shall be by proclamation and beat of drum and by
posting it, in the presence of not less than two persons in some conspicuous
place in the nearest inhabited village. CHAPTER-II NOTIFICATION AND PROCLAMATION (1)
The Government shall by notification
published in the Gazette express its intention to conduct special survey and
settlement in any part or the whole of the State. (2)
The copies of the notification under sub-rule
(1) shall be forwarded to different offices of the Central and State
Governments to enable them to put their claims and objections, if any, with
respect to the entries during the special survey and settlement operation so
that record of rights of lands held or owned by them, are correctly prepared. (1)
Immediately after the publication of
intention under sub-rule (1) of Rule 4, the Tahasildar concerned shall publish
a proclamation in Form 1 addressed to the land owners and persons having any
interest in lands of the area under special survey and settlement directing
them to demarcate their lands for the purpose of pointing out boundary marks of
the parcels of land. (2)
After the publication of proclamation under
sub-rule (1), the Tahasildar or any other officer or employee, acting under his
authority shall have power to enter upon the lands under special survey and
settlement, to examine and measure such lands as he deems fit and may clear the
lands by cutting down or removing any trees, fences, standing crops or other
obstructions, as may be necessary, for the purpose of survey and no claim or
compensation as to cost can be claimed for such action. CHAPTER III SELF DECLARATION (1)
After the publication of notification under
sub-rule (1) of Rule 4, the land owners may submit, in duplicate, a self
declaration of lands owned or held by them in Form 2 and one copy of the self
declaration shall be handed over to the person concerned after initialing and
putting date and serial number by the receiving officer/employee in token of
acknowledgment of the same. (2)
The self declaration shall be submitted
within thirty working days from the date of publication of the notification
under sub-rule (1) of Rule 4 and in special circumstance the period may be
extended by fifteen additional working days. (3)
The self declaration may be submitted before
the Tahasildar of the concerned Tahasil office. (4)
The Tahasildar shall verify the details of
self declaration on the basis of revenue records such as the last record of
rights (continuous khatian), tenants' ledger (Register II) or any such records
maintained and available at his level. (5)
The maximum period for verification of self
declaration shall be fifteen working days from the date of the receipt of the
self declaration. (6)
After the verification of the self
declaration, the Tahasildar shall prepare the verification certificate in Form
3. (7)
Any self declaration which could not be
verified by the Tahasildar due to non availability of the relevant records or
due to dispute, shall be kept and maintained in a separate register giving
reasons in brief for non-verification in Form CHAPTER IV SURVEY (1)
The plot wise survey of a revenue village
shall be carried out by preparation of map through modern technology inclusive
of base mapping, demarcation of plots and ground-truthing. (2)
The revenue map shall be prepared on
different scales, keeping in view the density of plots, incorporating the
technical details, headings and any other relevant details pertaining to the
map so that any land or parcel of land and its boundary may be clearly shown
and measured. (3)
The map, so prepared, shall be made available
to the Tahasildar for its verification. The Amin shall verify cent percent of
the plots of the map and the Revenue Inspector, Revenue Supervisor, Tahasildar
and Sub-Collector shall randomly check 25%, 10%, 2% and 1% of the plots
respectively. (4)
The verification of the map shall be carried
out by comparing it with the map of the last survey as well as by spot
verification of the areas and boundaries of the existing plots. (5)
The verification of the map of a revenue
village shall be completed within a period not exceeding thirty working days
from the date of the receipt of the map. (6)
The map, so prepared, after necessary
correction shall remain displayed on the notice boards of the office of the
Gram Panchayat of the concerned revenue village as well as in the Tahasil
office for the general public. CHAPTER V PREPARATION OF PRELIMINARY RECORD OF
RIGHTS (1)
In every revenue village concerned a team of
persons shall be constituted by the Sub-Collector of the area comprising the
following,-- (i)
an officer or employee of the Tahasil office
concerned; and (ii)
any other designated officer or employee as
the Sub-Collector may appoint. (2)
The constitution of the team of persons shall
be displayed in the Tahasil office and the revenue village concerned. (3)
The team of persons shall be headed by an
officer of the rank of Revenue Supervisor or equivalent grade. (4)
The team of persons constituted in the
aforesaid manner shall work under the supervision and control of the Tahasildar
of the concerned area. (1)
Before the initiation of preparation of
preliminary record of rights of a revenue village, an abstract of last record
of rights and a plot register shall be prepared village wise in triplicate in
Forms 5 and 6 respectively. (2)
The verification certificate in respect of
the self declaration of land owners, shall be re-verified with reference to
abstract of last record of rights and the plot register prepared under sub-rule
(1). (3)
The self declaration which could not be
verified by the Tahasildar due to non-availability of the relevant revenue
records or due to a dispute shall be verified by the team of persons on the
basis of the records available under sub-rule (1). (4)
The team of persons shall physically verify
each plot of the concerned revenue village with the map made available after
survey and shall make a note of all the changes in the configuration of plot
and also other changes, if any. If any plot differs from the area and
boundaries shown in the map, the team of persons shall ink it up in red in the
map. If any plot is found sub-divided into two or more parts then a separate
'Bata Number (Division Number)' for each such part shall be given, and in such
cases sub-division of plots shall be shown in broken lines. Accordingly, the
map of the concerned revenue village shall be altered or corrected. The Amin
shall verify cent percent plots of the revenue village and the Revenue
Inspector, Revenue Supervisor, Tahasildar and Sub-Collector shall randomly
verify 25%, 10%, 2% and 1% of the plots respectively. (5)
During field verification, the team of
persons shall identify and demarcate lands, Government lands, lands treated as
common property resources and the like and record the same in the preliminary
record of rights. (6)
After the verification, the team of persons
shall prepare land owner wise preliminary record of rights in Form 7 in the
light of available revenue records, verification certificates of self
declaration as well as actual field verification. (7)
The preliminary record of rights prepared in
Form 7 shall be served on the land owners including officers concerned for the
Government lands and lands treated as community property resources and
simultaneously the copies of such preliminary record of rights shall be
displayed at such convenient place as the Tahasildar may determine for public
inspection free of charge for a period of fifteen days. (8)
Claims and objections against the entries of
the preliminary record of rights may be filed in Form 8 by the land owners
including the representatives of the concerned office of the Government, the
Central Government and other public body within a period of fifteen days from
the date of receipt of the preliminary record of rights and in case of claims
and objections filed by any person, other than the landowner, after expiry of
fifteen days opened for public inspection as referred in sub-rule (7) and a
receipt in token of acknowledgment for the same shall be issued to the person
concerned in Form 9. (9)
Claims and objections against the entries of
the preliminary record of rights received in the Tahasil office shall be
maintained in a separate register in Form 10. (10)
The Director may engage private agencies in
preparation of preliminary record of rights and services of the same to the
land owners. The Director may also fix remuneration for the private agencies to
carry out such works from time to time. (1)
The Tahasildar shall issue separate notices
to the parties concerned for the disposal of claims and objections in Form 11
clearly mentioning therein the place, date and time of hearing besides a brief
account of the claim and objection. (2)
The parties concerned shall be provided an
opportunity of being heard and adduce evidence, if any. (3)
Claims and objections shall be disposed of in
a summary manner by the Tahasildar by passing a reasoned order, within a
maximum period of thirty working days of filing of such claims and objections. (4)
If any of the parties does not appear even
after proper service of the notice, claims and objections may be disposed of ex
parte on the basis of available revenue records and field verification. CHAPTER VI PUBLICATION OF DRAFT RECORD OF RIGHTS (1)
The draft record of rights shall be prepared
in Form 12 stating the orders passed with respect to the claims and objections
received during the preparation of preliminary record of rights against the
entries of preliminary record of rights as well as the map. (2)
The draft record of rights including the map
shall be attested by the Tahasildar. (1)
The draft record of rights including map
prepared and attested respectively under sub-rules (1) and (2) of Rule 11 shall
be published for a period of thirty days in the following manner (i)
by displaying it on the notice board of the
Tahasil office concerned; (ii)
by displaying it at a conspicuous public
place in the revenue village concerned; and (iii)
by displaying it on the notice board of the
Gram Panchayat of the revenue village concerned. (2)
The draft record of rights including the map
published under sub-rule (1) of Rule 13 shall remain available in the Tahasil
office for perusal of the public free of cost. (3)
The not final copy of the map shall be made
available to the desirous land owners and persons having interest in the land
on payment of such fee as may be fixed by the Director. (1)
After the publication of draft record of
rights under sub-rule (1) of Rule 12 the Tahasildar shall issue a public notice
in Form 13 inviting claims and objections, if any, with respect to the entries
of draft record of rights including the configuration of plots shown in the
concerned map. (2)
The public notice shall be displayed at a
conspicuous public place of the revenue village concerned, on the notice board
of the Gram Panchayat Office concerned and the notice board of the Tahasil
office concerned. (3)
The public notice shall clearly mention that
claims and objections, if any, against the entries of draft record of rights
including the map may be filed within thirty days, from the date of publication
of draft record of rights, free of cost. (4)
Claims and objections against the entries in
draft Record of rights, including the map, may be filed in the Tahasil office
concerned by the land owner or any person having interest in the land including
representatives of the concerned office of the Government, the Central
Government and public body in Form 14. (5)
Claims and objections of the land owners or
any other person having interest in the land received at the Tahasil office
shall be maintained in a separate register in Form 15 and a receipt in token of
acknowledgement for the same shall be issued to the person concerned in Form
16. (6)
A separate case record for each such claim
and objection shall be opened in order of the receipt of the claims and
objections. (7)
The Tahasildar shall issue separate notices
to the parties concerned in Form 17 along with a brief account of claim and
objection mentioning therein the place, date and time of hearing. (8)
On the date fixed, the claims and objections
shall be heard and evidences, if any, shall be recorded. If necessary, the
Tahasildar by informing the parties concerned may fix a date for inspection of
the plot or plots either by himself or by any other officer or employee
authorized by him in this behalf, to ascertain the physical possession over the
plot or plots as well as the veracity of the evidences adduced during hearing.
A spot memorandum may be prepared and annexed with the case record. (9)
In case any party does not appear even after
giving an opportunity for appearance, of being heard and adduce evidence, if
any, claims and objections may be disposed of ex parte on the basis of
available records, documentary evidence and spot verification, if necessary. (10)
Claims and objections shall be disposed of in
a summary manner by an officer not below the rank of an Additional
Sub-Collector within a maximum period of sixty days from the date of filing of
the claims and objections. (11)
The private agency may be engaged for
preparation of draft record of rights and service of notices to the claimants
and objectors and persons having interest in the land, on remuneration or rates
fixed by the Director from time to time. CHAPTER VII RECESS (1)
Orders passed with respect to claims and
objections against the draft publication of record of rights shall be complied
by making necessary additions or alterations from the draft record of rights
including the map. (2)
The detailed comparison of village boundaries
with the boundaries as shown in the last revenue village map and orders passed
at different earlier stages shall be made and care shall be taken that area of
plots shown in the draft record of rights matches with the area shown in the
map concerned. (3)
The area of each plot and the total area of
revenue village including boundaries of the revenue village in the last survey
map and area of plots and the total area of revenue village and boundaries as
prepared after draft publication of record of rights shall be thoroughly
compared, checked and verified and on being satisfied, the Tahasildar shall
pass the new area as prepared after draft publication. (4)
After passing of the area by the Tahasildar
an abstract of new record of rights in Form 18 and new plot register in Form 19
shall be prepared by the Amins or licensed surveyors. (5)
The record of rights before its final
publication shall be arranged according to the names of land owners
alphabetically in 'Odiya'. (6)
On the basis of the abstract of new record of
rights and plot register, copies of the record of rights shall be prepared in
Form 20 for its final publication in quadruplicate after proper checking and
comparison. A copy of such record of rights shall be made available to the
concerned land owner. The second copy shall be sent to the Tahasildar for the
preparation of tenants' ledger. The third copy shall be made available to the
Collector. The fourth copy shall remain in the custody of the Director for
preservation and future reference. CHAPTER VIII FINAL PUBLICATION OF RECORD OF RIGHTS (1)
The copies of the record of rights and map
finally prepared in Form 20, shall be finally published under the hand and seal
of the Collector and the same shall be placed for public inspection from the
date of final publication for a continuous period of thirty days in the
following manner,-- (a)
by displaying it on the notice board of the
Tahasil Office concerned; (b)
by displaying it at a conspicuous public
place of the village concerned; and (c)
by displaying it on the notice board of Gram
Panchayat of the revenue village concerned. (2)
Any land owner or any person who has an
interest in land may file claims and objections against the entries of finally
published record of rights including the map within three months from the date
of final publication under sub-section (2) of Section 11 of the Act before the
Additional District Magistrate in Form 21. (3)
The Additional District Magistrate shall
issue notices in Form 22 containing therein a brief account of claims and
objections to the parties concerned for the disposal of claims and objections. (4)
The place, date and time of the hearing shall
be clearly mentioned in the aforesaid notice. The parties concerned shall be
provided an opportunity for appearance, hearing and adducing evidence, if any. (5)
In case any of the parties does not appear
even after giving an opportunity for appearance, hearing and adducing evidence,
if any, claims and objections may be disposed of ex parte on the basis of
available records and documentary evidence and spot enquiry, if required. (6)
Claims and objections shall be disposed of in
a summary manner by the Additional District Magistrate within a maximum period
of three months from the receipt of the same. (1)
The Government may, by notification, declare
with regard to any specified area or village that record of rights has been
finally published and such notification shall be conclusive evidence of such
publication. (2)
Any record of rights prepared and finally
published under this chapter or a certified copy thereof or extract therefrom
shall be conclusive evidence of such publication. (3)
Every entry in a record of rights so
published, shall be evidence of the matter referred to in such entry and shall
be presumed to be correct until it is proved by evidence to be incorrect: Provided that, if any entry in a
record of rights is altered in a subsequent record of rights, the later entry
shall be presumed to be correct until it is proved by evidence to be incorrect,
but the previous entry shall be admissible as evidence of the facts existing at
the time when such entry was made. Hard and soft copies of the final
record of rights including the map shall be duly maintained and its copies
shall be made available to desirous applicants on payment of fees, as fixed
from time to time, by the Director. CHAPTER IX LICENSED SURVEYOR (1)
With a view to obtaining applications from
persons desirous of getting a license, the Director shall prepare an
advertisement and cause it to be published through the website of the Department
of Information and Public Relations and the Department of Revenue &
Disaster Management. Besides other facts, age limit, educational, technical
qualifications, experience, the licensed surveyors' functions and duties, fees
and remuneration and other conditions shall be incorporated in the aforesaid
advertisement. (2)
The Director after due scrutiny and appraisal
shall grant license to eligible persons and shall send the list to Collectors,
as and when required, for use as per the guidelines to be issued in this regard
by the Government. (1)
In order to obtain the services of the
licensed surveyors, private individuals may deposit fees, as fixed from time to
time, by the Director along with an application in the Tahasil office
concerned. The Director will determine the amount to be deducted out of the
aforesaid fees as incidental expenses incurred in the Tahasil office concerned. (2)
The licensed surveyors shall be paid
remuneration as fixed from time to time by the Director for carrying out work
assigned to them by any Government Department, requisitioning body relating to
land acquisition or any public body. (3)
In case the licensed surveyors are assigned
work pertaining to the preparation of maps and record of rights during survey
and settlement operations or updating of the record of rights and the like,
they shall be paid remuneration as fixed by the Director from time to time. The Director may cancel the license of
a licensed surveyor either suo motu or on the recommendation of the Collector
on any of the following reasons,-- (a)
if he is not committed to his work; (b)
if he is found using intoxicating drugs or in
an inebriated condition at work place; (c)
if he is attached to a political party or
takes part in political activities; (d)
if he is found guilty of immoral conduct or
financial irregularity; (e)
any such conduct, which is contrary to the
code of conduct applicable to a public servant; and (f)
if he is found technically unfit: Provided that no order of cancellation
shall be made unless the licensed surveyor has been given an opportunity of
being heard. CHAPTER X TECHNICAL GUIDELINES (1)
The Director may, with the approval of the
Board of Revenue issue, technical guidelines to carry out the purposes of the
Act not inconsistent with the provisions of the Act. (2)
The said technical guidelines may include,
besides other things, prevalent method of survey by modern technology, works to
be done during different stages of survey and settlement operations, the manner
of maintenance and making available the record of rights and map of a revenue
village in digital form to interested persons under section 14 and the
technical aspects of the work of the licensed surveyors under section 16 of the
Act.ODISHA SPECIAL SURVEY AND SETTLEMENT RULES, 2012
PREAMBLE