[1]THE
ORISSA LAND REFORMS (GENERAL) RULES, 1965 CHAPTER-I GENERAL These rules may be called
the Orissa Land Reforms (General) Rules, 1965. 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. (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.][2] (1)
All notices required under the
Act or these rules shall be in writing. [3][(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. 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.][4] [6][* * *] [7][* * *] [* * *][8] CHAPTER II RAIYATS ANDTENANTS [9][***] (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. (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][10]. (1)
The payment envisaged under
Sub-section (7) of Section 4 shall be made by the subtenant or under
raiyat, [11][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 [12][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. [13][(4)
(a) When a recorded sub-tenant or under-raiyat] [14][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 [15][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 [16][(c)
When the recorded sub-tenant or under-raiyat [17][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 [18][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 [19][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 m 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, [20][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 (sic) 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 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 riot 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. [21][(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.] In determining the fair
and equitable rent under Subsection [23][(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.][24] (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/Maste 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 m 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 authorized 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 authorized 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 authorized 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 installments as specified by the authorized Officer and on default
of payment by the last date of any quarter the balance amount shall be paid in
one installment 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 authorized 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.][25] [26][(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)]. [27][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. [28][(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]][29] (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 authorized 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 therefore. (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 acquaintance 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 authorized
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.][30] 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. 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. 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)
Tl, 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. 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. The notice under the first
proviso to Sub-section (2) of Section 14 shall be in Form No. 24.][31] [32][(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. 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][33]. 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. 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)
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 are 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. (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 authorized 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 authorized 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 authorized 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.][34] (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. (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. The list envisaged under
Sub-section (6) of Section 19 shall be in Form No. 5-A.][35] 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. 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. 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. 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. 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. 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.][36] (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
authorized 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)
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 authorized agent. (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 : [37][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 authorized agent. (1)
The compensation for the non-
resumable lands shall be paid in person or through and authorized agent by the
tenant [38][or his
successor-in-interest] to the landlord or his authorized 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 installment thereof may, at the option of the tenant, [39][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. [40][(3-A)
(a) When a tenant or his successor-in-interest or his authorized agent referred
to in Sub-rule (1) offers or tenders money on account of compensation and the
person entitled to it or his authorized 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 authorized agent is unable to obtain a joint receipt from the co-sharers for
the money and no person has been authorized to receive the compensation on
their behalf and grant receipt; or (c) When the tenant or his
successor-in-interest : or his authorized 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
installment 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 installment 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. (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 realized from the tenant before the subdivision is
effected. (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. The application under
Section. 36-A shall be made in Form No. 19 and in the manner laid down in Rule
24][41]. (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 [42][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.][43] (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. The application under
Sub-section (1) of Section 36-C, Sub-section (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 [44][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.] 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.][45] 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. 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 utilization of the
lands so exempted to facilitate review of their utilization as required under
the first proviso to that clause.][46] 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. (1) The
return under Sub-section (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 authorized 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. 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. 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.][47] The
draft statement referred to Sub-section (1) of Section 43 shall be prepared in
Form No. 13][48]. (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. [49][(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.] [50][(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
there from. An
appeal under Sub-section (2) of Section 44 shall lie of the Sub divisional
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 Sub divisional Officer for hearing and disposal.][51] (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.][52] [53][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). 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. 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. (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. (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][54]. (1) The
Revenue Officer shall address all Tahsildars in whose jurisdiction the person
entitled to [55][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 [56][* * *] Assessment Roll under Sub-section (1)
of Section 48. (1) The
draft [57][* * *] 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. [58][(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.] [59][(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. (1) When
an objection to the draft [60][* * *] 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. 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.][61] (1) The
draft Assessment Roll 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.][62] (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- [63][(a) Landless person or landless agricultural
Labourer shall mean any person the total extent of whose land along with 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. [64][(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 [65][fifteen] days from the date of issue of
notice : Provided
that the Revenge 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. [66][(b) The notice shall be affixed on the
Notice Board in the Office of the Revenge 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]. [67][(4) Filing of applications and enquiry into
the applications - (a) The
applications for settlement of surplus land shall be filed by the persons
categorized 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 [68][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 [69][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 he made by the Revenue Officer [70][after consulting the local committee, If
any] with deserving persons in the order of priority indicated under Section 51
of the Act. [71][(6) (a) to (b) (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. [72][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. [73][(8) The land shall be settled with deserving
persons on rayati basis free of salami. [74][(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. [75][(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 00land 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. [76][(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 recognized 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.][77]. [79][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.] 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][80] CHAPTER
– V MISCELLANEOUS 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 [81][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 authorized by him in writing or in the absence of such
authorization, a member authorized 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][82]. (1)
[83][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 authorized 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.][84] (1)
The application under Sub-section
(1) of Section 56-A shall be in Form No. 10. (2)
It shall be inquired into by such
person as may be authorized 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 ah income exceeding eight thousand
rupees per annum from a source other than land.][85] [86][(4)
The certificate to be granted by the Revenue Officer under Sub-rule (3) shall
be in Form No. 11] 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. Declaration of trusts as
privileged raiyats under Section 57-A shall be made in the following manner: [87][(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,
1068 (5 of 1908). (iii)
An application by a trustee in respect
of a trust under subclause (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. [88][(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 [89][clauses
(v) and (vi)] shall contain the grounds on which the objector relies and shall
be filed in triplicate within thirty days from the date of publication of the
application. [90][(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.][91] 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.][92] 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.][93] (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; [94][(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.][95] [96][Provided
further that any application for revision under Sub-section 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)] 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). 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.][97] (1)
The provisions of Rule 43 shall
mutatis mutandis apply to the filing, hearing and disposal of cases of revision
before the [98][Additional District Magistrate
or Collector as the case may be.] (2)
The [99][*
* *] 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. 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. (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. (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. 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. All documents, under
the act or under these rules shall be in English or in the Court language. The Orissa Land Reforms
Rules, 1961, are hereby repealed. [See Rule 46] Fees payable under the Act and the
Rules Serial No. (1) Application,
Memorandum etc. in respect of which fee is payable (2) Officer
before whom to
be filed or person to
whom to be given (3) Fees
to be charged (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 Nill 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 Mukhtamama 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-sec. (3) of Section 56-A The
Revenue Officer to whom the application is made under Sub-sec. (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. [1]
Issued with Government, Revenue and Excise Department Notification No. 57165
dated 25.9.1965 and first published in O.G.E. No. 1502 dated 26.10.1965. [2]
Substituted by Notification No. 86140-Re-312/76. dated 6.11.1976. [3]
Substituted by Notification No. 36496-Re-1-55/80-R-D.16.5.1980 [4]
Inserted by Notification No. 65926-Re-179/73-R-D. 11.10.1973. [5] Omitted by Notification No. 42688-Re-157/76-R-D.8.6.1976. [6] Omitted by Notification No. 42688-Re-157/76-R-D.8.6.1976. [7] Omitted by Notification No. 42688-Re-157/76-R-D.8.6.1976. [8]
Omitted by Notification No. 42688-Re-157/76-R-D.8.6.1976. [9]
Omitted by Notification No. 72947-Re-64/65-R-D. 17.11.1965. [10]
Inserted vide O.G.E. No. 162, Notification No. 10100-Re-I-87/79-R, Dated 11.2.1980 [11]
Substituted by Notification No. 10100-Re-187/79-R-D.11.2.1980. [12]
Substituted by Notification No. 10100-Re-187/79-R-D.11.2.1980. [13]
Inserted by Notification No. 42688-Re-157/76-R-D.8.6.1976. [14]
Substituted by Notification No. 10100-Re-187/79-R-D.11.2.1980. [15]
Substituted by Notification No. 10100-Re-187/79-R-D.11.2.1980. [16]
Inserted vide O.G.E. No. 162, Notification No. 10100-Re-I-87/79-R, Dated
11.2.1980 [17]
Substituted by Notification No. 10100-Re-187/79-R-D.11.2.1980. [18]
Inserted by O.G.E. No. 937, Notification No. 42688-re-157/76-R-D.8.6.1976. [19]
Inserted by O.G.E. No. 937, Notification No. 42688-re-157/76-R-D.8.6.1976. [20]
Inserted by O.G.E. No. 937, Notification No. 42688-re-157/76-R-D.8.6.1976. [21]
Inserted by Notification No. 42688-Re-157/76-R-D.8.6.1976. [22]
Substituted by S.R.O. No. 790/85 O.G.E. 1479/D.1.11.1980. [23]
Substituted by S.R.O. No. 790/85 O.G.E. 1479/D.1.11.1980. [24]
Inserted by Notification No. 33205-Re-125/44-R-D.8.6.1976. [25]
Inserted vide S.R.O. No. 776/97, Notification No. 28165-Re-55/96, Dated
29.11.1997. [26]
Substituted by S.R.O. No. 790/85 O.G.E. 1479/D.1.11.1980. [27]
Inserted by Notification No. Re-l-58/96, 44115/R, dated 1.10.1996. [28]
Inserted by Notification No. 70711 -Re-175/74 (Pt)R-D.21.11.1974. [29]
Substituted by Notification No. 65926-Re-179/73-R-D. 11.10.1973. [30]
Inserted by Notification No. 58432-Re-144/75 (Pt)R-D.30.7.1975. [31]
Inserted by Notification No. 42688-Re-157/76-R-D.8.6.1976. [32]
Substituted by Notification No. 36496-Re-155/80-R-D.16.5.1980. [33]
Inserted by Notification No. 47018-Re-50/72-R-D.16.8.1972. [34]
Inserted by Notification No. 50070-Re-80/68-R-D.27.9.1963. [35]
Inserted by Notification No. 8350-Re-75/72-R-D.8.2.1972. [36]
Inserted by Notification No. 50756-Re-53/73-R-D.6.8.1973. [37]
Inserted by Notification No. 42688-Re-175/76-R-D.8.6.1976. [38]
Inserted by Notification No. 10100-R-D.11.2.1980. Vide S.R.O. No. 216/80. [39]
Inserted by Notification No. 10100-R-D.11.2.1980. Vide S.R.O. No. 216/80. [40]
Substituted vide Notification No. 3535-Re-12/67/13.7.1986. [41]
Inserted by Notification No. 6926-Re-179/73-R-D.11.10.1973. [42]
Inserted by Notfn.No.10100-Re-187/79-R-D. 11.2.1980. [43]
Substituted by Notification No. 42688-Re-157/76-R-D.3.6.1976. [44]
Substituted by Notification No. 42688-Re-157/76-R-D.3.6.1976. [45]
Substituted by Rev. Dept. vide S.R.O. No. 60376/D.3.6.1976. [46]
Substituted by Notification No. 6926-Re-179/73-R-D. 11.10.1973. [47]
Inserted by Notification No. 42688-Re-157/76-R-D.3.6.1976. [48]
Substituted by Notification No. 65926-Re-179/73-R-D.11.10.1973. [49]
Substituted by Notification No. 10100-Re-187/79-R-D.11.2.1980. [50]
Substituted by Notification No, 71205-Re-189/75-R-D.10.9.1975. [51]
Substituted by Notification No. 10100-Re-187/79-R-D.11.2.1980. [52]
Substituted by Notification No, 71205-Re-189/75-R-D.10.9.1975. [53]
Inserted by Notification No. 86140-R-D.6.11.1976. [54]
Inserted by Notification No. 10100-Re-87/79-R-D.11.2.1980. [55]
Substituted by Notification No. 42688-Re-157/76-R-D.3.6.1976. [56]
Omitted by Notification No. 42688-Re-157/76-D.3.6.1976. [57]
Omitted by Notification No. 42688-Re-157/76-D.3.6.1976. [58]
Substituted by Notification No. 101000-Re-1/87-R-D.11.2.1980. [59]
Inserted by ibid. [60]
Omitted by Notification No. 42688-Re-157/76-D.3.6.1976. [61]
Substituted by Notification No. 101000-Re-1/87-R-D.11.2.1980. [62]
Substituted by Notification No. 71617-Re-145/78-R-D.l.11.1978. [63]
Substituted by Notification No.28212-Re-62/76-R-D.16.4.1976. [64]
Inserted by Notification No.86496-Re-155/80-R-D. 16.5.1980. [65]
Substituted by Notification No. 10100-R-D.11.2.1980. [66]
Inserted by Notification No. 59795-Re-144/75-R-D.4.8.1975. [67]
Substituted by Notification No.28212-Re-62/76-R-D.16.4.1976. [68]
Substituted by Notification No.28212-Re-62/76-R-D.16.4.1976. [69]
Substituted by Notification No. 10100-R-D.11.2.1980. [70]
Inserted by Notification No. 10100-R-D.11.2.1980. [71]
Inserted by Notification No. 10100-R-D.11.2.1980. [72]
Inserted vide Orissa Gazette Ext. No. 615/24.4.1986. [73]
Inserted vide Orissa Gazette Ext. No. 615/24.4.1986. [74]
Omitted ibid. [75]
Omitted ibid. [76]
Inserted vide S.O. No. 624/16.5.1980. [77]
Inserted by Notification No. 59795-Re-144/75-R-D.4.8.1975. [78]
Renumbered by Notification No. 59795-Re-144/75-R-D.4.8.1975. [79]
Inserted by Notification No. 65926-Re-179/73-R-D.11.10.1973. [80]
Inserted by Notification No. 86140-Re-312/76-R-D.6.11.1976. [81]
Substituted by Notification No. 10100-Re-187/79-D.11.2.1980. [82]
Substituted by Notification No. 35351-S.R.O. No. 1100/67/D.13.7.1968. [83]
Inserted by Notification No. 1100-76-D.6.11.1976. [84]
Inserted by Notification No. 603-76-D.3.6.1976. [85]
Inserted by Notification No. 603-76-D.3.6.1976. [86]
Inserted by S.R.O. No. 216/80-D.11.2.1980. [87]
Substituted by Notification S.R.O. No. 216/80-D.11.2.1980. [88]
Substituted by Notification No. 10100-Re-1-87/79-R-D.11.2.1980. [89]
Substituted by Notification No. 10100-Re-1-87/79-R-D.11.2.1980. [90]
Substituted by Notification No. 10100-Re-1-87/79-R-D.11.2.1980. [91]
Substituted by Notification No. 65926-Re-179/73-R-D.11.10.1973. [92]
Substituted by Notification S.R.O. No. 216/80-D.11.2.1980. [93]
Inserted by Notification No. 50070-Re-80/68-R-D.27.9.1968. [94]
Substituted by S.R.O. No. 528/82-D.16.8.1982. [95]
Substituted by Notification No. 10100-Re-1-87/79-R-D.11.2.1980. [96]
Substituted by S.R.O. No. 528/82-D.16.8.1982. [97]
Substituted by Notification S.R.O. No. 216/80-D.11.2.1980. [98]
Substituted by S.R.O. No. 528/82-D.16.8.1982. [99]
Omitted by Notification S.R.O. No. 603/76-D.3.6.1976. [100]
Substituted vide Orissa Gazette Ext. No. 570/6.4.2005-SRO No. 13999/21/2005
dated 29.3.2005.THE ORISSA LAND REFORMS (GENERAL) RULES, 1965
Rule – 5.
[5][* * *]Rule – 6.
Rule – 7.
Rule – 8.
Rule – [12-A.
Rule - 38-A. [Procedure for settlement of ceiling surplus lands under Subsection (2) of Section 51 and definitions.