Whereas the
draft of the Orissa Prevention of Land Encroachment Rules, 1983 was published
as required by Sub-section (1) of Section 10 of the Orissa Prevention of Land
Encroachment Act, 1972 (Orissa Act 6 of 1972), in the Extraordinary issue No.
1590 of the Orissa Gazette, dated the 2nd December, 1983 as SRO No. 515/83
under the Notification of the Government of Orissa in the Revenue Department
No. 54986-GE-(GL)-R-2-83 R., dated the 24th August, 1983 inviting objections
and suggestions from all persons likely to be affected thereby till the expiry
of a period of thirty days from the date of publication of the said
Notification in the Official Gazette; And whereas the objections and
suggestions received in respect of the said draft before the expiry of the said
period have been considered by the State Government; Now, therefore, in exercise of the
powers conferred by Sub-section (1) of Section 10 of the said Act, the State
Government do hereby make the following rules, namely: (1)
These rules may be called the Orissa
Prevention of the Land Encroachment Rules, 1985. (2)
They shall come into force on the date of
their publication in the Official Gazette. In these rules unless the context
otherwise requires- (i)
"Act" means the Orissa Prevention
of Land Encroachment Act, 1972; (ii)
"encroacher" means a person who
unauthorisedly- (i)
occupies any land as defined under Clause (d)
; or (ii)
obstructs by dumping earth or any other
materials, rubbish or filth on it ; or (iii)
puts any fence around it ; or (iv)
takes up any construction or cultivation on
it ; (iii)
"Form" means a Form appended to
these rules; (iv)
"land" means any land declared to
be the property of Government under Section 2 : (v)
"Revenue Inspector" means the
Officer-in-charge of a Revenue Circle under a Tahasil ; (vi)
"section" means a section of the
Act ; (vii)
"Urban Area" means the area
constituted into a Municipality or Notified Area under the Orissa Municipal
Act,1950 ; (viii)
words and expressions used in these rules and
not specifically defined therein shall have the same meaning as are
respectively assigned to them in the Act. (1)
The Revenue Inspector shall report the cases
of unauthorized occupation of land to the Tahasildar and the details of such
occupation shall be reduced to writing in Form 'G'. Within fifteen days of the
close of each financial year the Revenue Inspector shall send a certificate to
the Tahasildar that except the encroachment already reported there is no further
encroachment in his area: Provided that nothing herein shall
prohibit the Tahasildar to start a proceeding on his own motion or on an
information received from any other source. (2)
On receipt of such report from the Revenue
Inspector or on information received otherwise the Tahasildar shall cause to
enter the details chronologically in the register in Form 'H' and initiate
proceeding under the provisions of the Act. When land unauthorisedly occupied by
any person is required to be assessed to rent under the provisions of Clause
(ii) of Section 4 and if no such prevailing rate exists as referred to in the
said clause, it shall be assessed as nearly, as possible in accordance with the
provisions of Section 4 of Orissa Survey and Settlement Act, 1958 (Orissa Act 3
of 1959) for fixation of fair and equitable rent. Passing an order of remission or
reduction of the amount payable by way of assessment or penalty, under Section
6-A, or of fine under Sub-section (3) of Section 7, by the Collector shall be
subject to the following conditions, namely: (i)
the Tahasildar shall enquiry in detail
regarding the movable and immovable properties of the encroacher and submit
details thereof to the Sub-Divisional Officer along with the case records. If
the encroacher is a landless person no penalty shall be levied on him. If the extent
of land owned by any landless person does not exceed 0.25 standard acre, the
Collector may either reduce or remit the amount of assessment payable under
Section 4, or fine under Sub-section (3) of Section 7 to such an extent as he
considers necessary: Provided that in other cases if the
encroacher is a member of the Scheduled Caste or Scheduled Tribe, the Collector
may in suitable cases reduce or remit the penalty or fine such extent as he
considers necessary; (ii)
if encroachment has been made by the same
person in more than one place, the encroacher may be allowed remission or
reduction of assessment, penalty or fine only in respect of such land as would
be legitimately settled in his favour under Section 7 ; (iii)
in the order sheet of the case record in
which assessment, penalty or fine, as the case may be, has been proposed to be
reduced or remitted, the Tahasildar shall record a clear report as to whether
the encroacher is-landless. The extent of land, if any, possessed by him, if he
belongs to Scheduled Caste /Scheduled Tribe and whether he has means to pay the
assessment, penalty or fine, any certificate in the case was filed and why the
same is not recoverable. The said case record shall be submitted through the
Sub-divisional Officer to the Collector who shall pass appropriate order to
remit or reduce the assessment, penalty or fine, as the case may be, in the
said case record; (iv)
if the encroacher has re-encroached after
eviction, no such reduction or remission shall be allowed. (1)
Notice shall be issued in Form 'A' before
taking any action under Sections 4 and 6 and in From 'B' before taking any
action under the proviso to Sub-section (1) of Section 7. They shall be served
in the same manner as revenue processes are served and a copy shall be
delivered to the occupier of the land or to any adult male member or his family
at his usual place of residence or to his authorised agent or by affixing a
copy thereof to some conspicuous part of his last known residence and of the
land in unauthorised occupation, in the presence of two persons when the notice
could not be served on the encroacher, his agent or any adult member of his
family. (2)
An order under Section 8 shall be in Form 'C'
and shall be served in the same manner as laid down in Sub-rule (1) and shall
also be proclaimed by beat of drum in the locality 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 order shall be published by affixing
it in the notice board of the Tahasil office and another copy sent to the Grama
Panchayat, Notified Area Council, Municipality, Special Planning Authority or
Development Authority, as the case may be, under which the land situates. lf on receipt of notice in Form 'A'
any person pleads that he is not liable for being proceeded under the Act, the
officer conducting the proceeding shall make a summary enquiry and determine
the liability of the person for the whole or any part of the land unauthorisedly
occupied for which notice was issued to him and may confirm, modify or drop the
proceedings, as may be necessary: Provided that he shall not modify or
drop any proceeding in case where he is required to refer the case to the
Sub-divisional Officer under the second proviso to Sub-section (2) of Section 7
or Section 8- A. No eviction shall be effected after
sunset and before sunrise. The officer to be deputed under Sub-section (5) of
Section 7 to effect eviction shall not be a person below the rank of a Revenue
Inspector. A warrant for the arrest of a person
under Sub-section (6) of Section 7 or Section 8 shall be issued by the
Tahasildar in Form 'D'. A warrant of arrest under Sub-section
(6) of Section 7 or Section 8 shall be I executed by the Officer-in-charge of
the police-station within whose jurisdiction the person to be arrested
ordinarily resides. (1)
When an order of forfeiture is passed by the
Tahasildar under Sub-section (1) of Section 7, he shall - (a)
if the property is movable, make arrangement
for taking immediate possession thereof ; or (b)
if the property is immovable, issue an order
of attachment; or (c)
if the property is perishab1e in nature order
immediate sale thereof and order the sale proceeds to be credited into the
treasury. (2)
The order of attachment shall be served on
the encroacher in the same manner as the notice under Sub-rule (1) of Rule 6
and copies of the order shall be affixed at a conspicuous place in the village
or ward of the urban area, as the case may be, and on the land which is the
subject-matter of the proceeding. If any person other than the
encroacher puts forward claims to the property within one month from the date
of its seizure or attachment, the Tahasildar shall make a summary enquiry and
may confirm, modify or cancel his order, if necessary. When an order of forfeiture is
confirmed after making enquiry under Rule 12, the Tahasildar shall sell the
property in public auction and credit the sale proceeds into the treasury: Provided that no order for final
disposal of the property or its sale proceeds shall be passed until the period
of appeal or revision as provided under Section 12 expires or if an appeal or
revision is preferred within the said period until the appeal or revision is
disposed of. (1)
Whenever it appears to the State Government
that any land is likely to be required for any development scheme they may
publish a notification in the Official Gazette declaring the area as required
for such purpose. (2)
Such publication shall be conclusive evidence
of the fact that the land is likely to be required for a development scheme for
the purpose of Sub-clause (iii) of Clause (b) of the first proviso to Sub-
section (2) of Section 7. (3)
On issue of such a notification, the
Tahasildar shall record the lands mentioned in the said notification in a
register prescribed in Form 'I' and also in the remarks column of the copy of
the record-of- rights of the concerned village against the plot so required. (1)
Before the Tahasildar proceeds with the
settlement of unauthorisedly occupied land under Sub-section (2) of Section 7
for agricultural or for home-stead purposes, he shall publish a proclamation in
Form 'J' inviting objections, if any, fixing a date for hearing of objections. (2)
Such 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 be published by affixing in the Notice Board Tahasil office and a copy
thereof shall also be sent to the Grama Panchayat, Notified Area
Council/Municipality/Special Planning Authority, or the Development Authority,
as the case may be, under which the land is situated. (3)
On expiry of a period or fifteen days from
the date of publication of the proclamation In the village and after hearing
the objection, if any, and after conducting such enquiry as he may consider
necessary the Tahasildar shall record a finding stating whether the land can be
settled in favour of the encroacher under the Act. If the Tahasildar comes to a
finding that the land cannot be settled or the encroacher is not entitled to
settlement he shall proceed to evict the encroacher as prescribed under the
Act. (4)
If the Tahasildar comes to a finding that the
land can be settled or the encroacher is entitled to settlement under the Act,
he shall make an order granting such settlement and issue an intimation slip in
Form 'F' in the name of the person concerned and shall cause correction of the
record- of-rights in his office and in the office of the Revenue Inspector as
well. (5)
If the encroached land is situated within an
urban area the Tahasildar shall record his finding in the case record and on
being satisfied that there is no prima facie objection, he shall direct the
encroacher to file an affidavit in Form 'E' if not already filed, to the effect
that neither he nor any member of his/her family living with him in common mess
owns a house or house-site anywhere in the State except in respect of the land
required for beneficial enjoyment of a holding as mentioned under Sub-clause
(ii) of Clause (b) of the second proviso to Sub-section (2) of Section 7.
Thereafter he shall send the case record to the concerned Sub-divisional
Officer, who shall on receipt of the same, order the encroacher to pay the
assessment/penalty and fine, if any, already levied or imposed by the
Tahasildar and shall determine the market value which shall be the same as has
been fixed for the urban area under Rule 8 of the Orissa Government Land
Settlement Rules, 1983 : Provided that Government may direct a
lower market value to be paid by a specified class of persons. (6)
Thereafter, the Sub-divisional Officer shall
order settlement of the land and send the case record to the Collector of the
district for confirmation. (7)
If the Collector is satisfied on scrutiny of
the case record that the procedure prescribed under the Act and these rules has
been observed he shall confirm the order of the settlement passed by the
Sub-divisional Officer in the same case record. If he is not satisfied about
the procedure followed or he considers that the land cannot be settled or the
encroacher is not entitled to settlement under the Act, he shall send back the
case record to the Tahasildar through the Sub- divisional officer, for
effecting eviction of the encroacher. (8)
In all cases where settlement is granted, the
Sub-divisional Officer shall direct the encroacher to pay the market value so
determined by a date not later than ninety days from the date of order in one
or more installments to be fixed by him. If the market value is not paid within
the period fixed by the Sub-divisional Officer he shall send back the case
record to the record to the Tahasildar for effecting eviction of the
encroachment. After the market value is paid an intimation slip in Form 'F'
shall be issued by the Tahasildar in the name of the person with whom the land
is settled and ensure demarcation of land and correction of the
record-of-rights in his office and in the office of Revenue Inspector as well.
The land ordered for settlement under Sub-rules (4) and (7) shall be recorded
in such status as are applicable to the tenure of similar land in the vicinity
for similar purposes under the same terms and conditions which are applicable
to such tenures. If use of the land is non-agricultural
and it is to be recorded under pattadari or similar other status, the
encroacher shall be required to execute an agreement containing such terms and
conditions as are fixed by the Government for similar lands in the locality to
which the land belongs. For settlement of land under Section
8-A the onus of proof that the encroacher has been in actual, continuous and
undisputed occupation of the land for more than thirty years by the date of
institution of the proceeding shall be on the encroacher. If the Sub-
divisional Officer orders settlement of the land under Sub-section (3) of
Section 8-A, he shall fix rent of the land in the manner prescribed under Rule
4 and shall direct the person to pay rent for the entire period of occupation
subject to the provisions of limitation prescribed under the Orissa limitation
(Recovery of Revenue) Act, 1964 (Orissa Act 14 of 1964). In case no payment is
made within the time fixed by the Sub- divisional Officer, the order of settlement
shall not be effected. The Board of Revenue may issue such
further instructions which are not inconsistent with the provisions of the Act
and these rules as it may consider necessary for- (a)
effective implementation of the Act and these
rules; (b)
maintenance of all registers and returns
essential to carry out the purposes of the Act, their preservation and final
disposal;and (c)
the budget heads to which the receipts and
charges under the Act shall be credited and debited. The Orissa Prevention of Land
Encroachment Rules, 1977 is hereby repealed: Provided that anything done or any
action taken under the rules so repealed shall be deemed to have been done or
taken under the provisions of these rules, and those pending on the date of
commencement of rules, shall be done or taken under the provisions of these
rules.ORISSA PREVENTION OF THE LAND
ENCROACHMENT RULES, 1985
PREAMBLE