The
Orissa Survey and Settlement Rules, 1962
CHAPTER-I
General
Rule - 1. Short title and commencement.?
(1)
These rules may be called the Orissa Survey and
Settlement Rules, 1962.
(2)
They shall come into force at once.
Rule - 2. Definitions.?
In these rules unless the context
otherwise requires-
(a)
"The Act" means the Orissa Survey
and Settlement Act, 1958 (Orissa Act 3 of 1959);
(b)
"Form" means a form appended to
these rules;
(c)
"Section" means a section of the
Act.
(d)
["Tahasildar" means the Chief
Officer-in-charge of revenue administration of a Tahasil and includes an
Additional Tahasildar and any other Officer whom the Board of Revenue may
appoint to discharge any of the functions of Tahasildar under these rules in any
area specified in that behalf.]
(e)
All words and expressions used in these rules but
not defined therein shall have the same meanings as are respectively assigned
to them in the Act.
Rule - 3. Conduct of proceedings under the Act.?
[The proceedings conducted by every
officer under Act and these Rules shall unless otherwise provided in these
Rules be summary and shall be governed so far as may be practicable by the
provisions of the Civil Procedure Code, 1908:
[Provided that the fine, if any,
imposed under the Order XVI, Rules 12 and 17 shall in no case exceed fifty
rupees.]
Rule - 4. Notice and mode of their service.?
(1)
All notices required under the Act or these rules
be in writing.
(2)
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, if the notice is addressed to only one person. If it is
addressed to a number of persons or to persons in general, it shall be served
in the manner prescribed for the service of summons on a defendant under the
Code of Civil Procedure, 1908 or by proclamation and beat of drum and by
posting it, in the presence of not less than two persons in some conspicuous
place in the village.
(3)
In the case of an uninhabited village, the service
of any general notice shall be by proclamation and beat of drum and by posting
it, in the presence of not less than two persons in some conspicuous place in
the nearest inhabited village.
CHAPTER-II
Survey
Rule - 5. Submission of application, execution of agreement and deposit of amount towards the expenses of survey.?
The application under Sub-section (3)
of Section 3 shall be made to the Collector of the district, the agreement to
be executed under Clause (a) (ii) and the security bond to be given under
Clause (b) of Sub-section (3) of the said section shall be expressed to be made
by the Governor and executed on his behalf by the Officer authorised in that
behalf in accordance with the provisions of Article 299 of the Constitution of
India.
Rule - 6. Proclamation.?
(1)
The proclamation under Sub-section (1) of Section 5
shall be in Form No. 1.
(2)
It shall be addressed to persons in general
occupying or owning land under survey shall be published in every village in
which such land is situated by beat of drum and by posting a copy of it in the
presence of not less than two persons in some conspicuous place in the village
and in case of an uninhabited village, the publication of the proclamation
shall be made in the aforesaid manner, in the nearest inhabited village:
Provided that when the tract under
survey is not included in any village, publication of the proclamation shall
not be made in a neighbouring inhabited village.
Rule - 7. Local enquiry.?
On expiry of thirty days from the date
of publication of the proclamation under Rule 6, the Survey Officer or any of
his subordinates or any other Officer acting under his authority shall conduct
a local enquiry and take such measurements as may be necessary to prepare the
map and such other record as may be ordered by the Board of Revenue to form a
part of the survey record under Sub-section (1) of Section 6-A.
Rule - 8. Survey marks.?
(1)
Survey marks of the following description shall be
set up by the Survey Officer while preparing the draft survey record, namely:
(a)
stones or masonary pillars two feet long, cut for a
length of six inches at the top into a prism of triangular cross section each
side of the triangle being five inches in length at each tri-junction point,
that is to say, at each point where boundaries of three or more villages or
other units of survey meet; and
(b)
stones or masonary pillars, two feet long, cut for
a length of six inches at the top into a prism of square cross section each
side of the square being five inches in length at each such point as the Survey
Officer considers necessary for facilitating demarcation of boundaries or the
grounds points of aerial survey in future :
Provided that the Board of Revenue may
direct that survey marks of any other description may be set up at any of the
points mentioned in Clauses (a) and (b) of an inter-State boundary or any tract
liable to inundation or tidal action.
(2)
The existing survey marks which had been set up
under authority of law before the date of coming into force of these rules
shall be deemed to have been set up under these rules.
Rule - 9. Attestation of the draft survey record.?
(1)
After completing preparation of the draft survey
record, the Survey Officer shall, in the presence of as many of the parties as
attended at a place and on a date to be specified in the notice under Sub-rule
(2) attest a copy of the map and such other records as may have been ordered by
the Board of Revenue to form part of the survey record.
(2)
Not less than seven days from before the date of
attestation a notice in Form No.2 shall be published in the manner provided in
Rule 6.
Rule - 10. Appeals.?
An appeal under Sub-section (3) of
Section 6 shall lie to the Chief Survey Officer or any other officer specially
empowered by Government in this behalf.
Rule - 11. Publication of the draft survey record and receiving of objections.?
(1)
The Survey Officer shall publish the attested copy
of the map and other record, if any, by placing them for public inspection free
of charge, for a period of [Sixty days] at such convenient place as
he may determine.
(2)
Not less than seven days from before the date of publication
under Sub-rule (1) a notice in Form No.3 shall be published in the manner
provided in Rule 6.
(3)
Objections, if any, to any entry in or omission
from the draft survey record shall be made in Form No. 4 during the period of
publication specified in Sub-rule (1) and shall be received and considered by
the Survey Officer in accordance with the provisions of Rule 12 and the
objector shall within such time as the Survey Officer may direct, file as many
copies of the original objection as may be necessary to be served on every
person whose interest may, in the opinion of the Survey Officer, be affected.
Rule - 12. Disposal of objections.?
(1)
When an objection is received under Sub-rule (3) of
Rule 11, notice thereof in Form No. 5 along with a copy of the objection shall
be served on every person whose interest may, in the opinion of the Survey
Officer be affected thereby and all such persons shall be called upon to attend
at such time and place as the Survey Officer may fix for the disposal of the objection.
(2)
On the date fixed for hearing of the objection or
any other date to which the hearing may stand adjourned, the Survey Officer
shall after making such enquiries as he considers necessary and after giving
the parties present and opportunity of being heard, pass such orders as he
deems proper :
Provided
that if the correctness of any entry in the draft survey record is objected by
any party and fresh inspection or measurement is prayed for, the party shall
deposit the prescribed fee for such measurement or inspection. If after such
measurement or inspection by the Survey Officer or any subordinate deputed by
him in that behalf, it shall appear that the original entry is inaccurate and
the Survey Officer is satisfied that the said inaccuracy was not due to any
omission on the part of the said party in pointing out boundaries, furnishing
information or producing records in proper time, he may order the amount
deposited or any portion thereof to be refunded to the objector.
Rule - 13. Final framing of the survey record.?
The Survey Officer shall finally frame
the survey record in conformity with the draft survey record as corrected in
accordance with orders made on objections under Section 6-A and appeals under
Section 6-B.
Rule - 14. Final publication of the survey record.?
(1)
A copy of the map and other record, if any, finally
framed shall be finally published by the Survey Officer by placing them for
public inspection, free of charge, for a continuous period of seven days at
such convenient place as he may determine and the seventh day of such
publication shall be deemed to be the date of final publication.
(2)
Not less than seven days from before the final
publication of the survey record in accordance with Sub-rule (1), the Survey
Officer shall issue a notice in Form No. 6 to be published in the manner
provided in Rule 6.
(3)
On the expiry of the period of seven days specified
in Sub-rule (1), the Survey Officer shall record a proceeding certifying the
final publication of the survey record. The copy of the map and every page of
the other record, if any, which are finally published under Sub-rule (1) shall
bear a certificate of such publication under the seal and signature or
facsimile signature of the Survey Officer. The map, a copy of which is finally
published under Sub-rule (1), shall also bear a certificate of such publication
under the signature of the Chief Survey Officer.
(4)
The finally published survey record shall remain in
the custody of the Tahasildar.
(5)
A copy of the survey record as finally published
bearing a certificate under the Survey Officer's signature or facsimile
signature and seal shall be made over to the Collector.
Rule - 15. Repairs to and renewal of survey marks.?
(1)
A survey mark shall be deemed to require repair
when it is-
(2)
out of its correct position; or
(3)
entirely covered with earth or overgrown with
vegetation so as to be invisible or inaccessible for purpose of measurement.
(4)
A survey mark shall be deemed to require renewal
when it is missing or damaged :
Provided
that where survey marks have been set up at corners and bends of fields in any
previous survey, the repairs to and renewal of such survey marks shall not be
made.
Rule - 16. Liability for renewal or repair shall be joint and several.?
Every person interested in the lands
shall take all reasonable care and exercise due diligence in maintaining,
renewing and repairing the survey makes on or within the boundaries of his
holding and this liability shall be joint and several.
Rule - 17. Cost of repair or renewal of survey marks.?
The extent of the aforesaid liability
shall be limited to such cost of repairing or renewing, missing or damaged
survey marks as may be fixed by Government for such district or part thereof by
notification from time to time. The cost to be recovered by the Collector in
accordance with Rule 16 shall not exceed the said limit.
Rule - 18. Manner of service of notice for repair or renewal of survey marks.?
The notice under Sub-section (2) of
Section 8 shall be issued by such officer as the Collector may, by general or
special order made in this behalf direct and such notice shall be served in the
manner provided in Rule 4.
Rule - 19. Manner of assessment of cost of survey.?
(1)
The cost of survey under Sub-section (2) of Section
9 shall be assessed by the Survey Officer in the following manner, namely :
(2)
The village or tract notified for survey under
Sub-section (3) of Section 3 shall be the unit for assessment and the cost of
survey shall include ?
(3)
all direct charges involved in conducting the
survey operation including the cost of preparing copy or copies of the survey
record supplied to the parties who apply for such survey under Subsection (3)
of Section 3;
(4)
overhead charges in full on account of supervision
and control of the entire area taken up for survey, forms one unit and in any
other case, the same shall be apportioned among the different units according
to the area of operation.
(5)
After assessment is made by the Survey Officer, he
shall communicate the same with detailed calculation sheets to the Collector
for apportionment and recovery of cost.
CHAPTER-III
Preparation of Record-of-Rights
Rule - 20. Submission of application, execution of agreement and deposit of amount towards the expenses of preparation of record-of-rights.?
The submission of application,
execution of agreement and deposit of amount towards the expenses of
preparation of record-of-rights of an area under Sub-section (2) of Section 11
shall be made in the same manner as prescribed under Rule 5.
Rule - 21. Particulars to be recorded.?
When an order is made under Section 11,
the particulars to be recorded shall be specified in the order and may include
either without or in addition to other particulars, all or any of the
following, namely :
(i)
the name of each tenant or occupant,
(ii)
the class to which each tenant belongs,
(iii)
the situation and extent of the land held by each
tenant or occupant,
(iv)
the name of the landlord of each tenant,
(v)
the name of each proprietor and landlord,
(vi)
the rent and charges for irrigation payable by each
proprietor of landlord, tenant or occupant,
(vii)
if the rent is a gradually increasing rent, the
time at which and the steps by which it increases,
(viii)
the use of water for agricultural purposes whether
obtained from a river, tank or well or any other source of supply and the repair
and maintenance of works for securing supply of water for the cultivation of
the land held by each proprietor, landlord, tenant or occupant whether or not
such works be situated within the boundaries of such land,
(ix)
the special conditions of incidents, if any, of the
tenancy,
(x)
any right of way or other easement attached to the
land,
(xi)
if the land is claimed to be held rent-free whether
or not rent is actually paid, and if not paid, whether or not the occupant is
entitled to hold the land without payment of rent, and if so entitled, under
what authority.
Rule - 22. Khatian.?
For every interest in land, there shall
be a separate Khatian for each person interested or each group of persons
jointly interested and not recorded Khewat and each such Khatian shall show
such particulars of rights and liabilities of each person or group of persons,
as the case may be, as are required to be recorded under all clauses of Rule 21
except under Clause (viii) of the said rules:
Provided that the particulars covered by
the said clause shall be shown in separate Khatian to be prepared for each
source of irrigation.
Rule - 23. Map.?
The map under Sub-section (6) of
Section 11 shall be prepared in the manner provided in Rules 7 and 8.
Rule - 24. Local enquiry.?
(1)
The preparation of record-of-rights shall begin
with the preparation of a draft record after local enquiry and check of the
existing record, if any :
Provided
that local enquiry may be dispensed with under prior orders of the Board of
Revenue.
(2)
Not less than thirty days before the date of
commencement of the local enquiry under Sub-rule (1), the Assistant Settlement
Officer shall cause a proclamation in Form No. 1 to be published in the manner
prescribed in Sub-rule (2) of Rule 6.
(3)
The Assistant Settlement Officer may either conduct
the local enquiry himself or cause the same to be conducted by any of his
subordinates.
Rule - 25. Attestation of the draft record-of-rights.?
(1)
After completing preparation of the draft
record-of-rights the Assistant Settlement Officer shall, in presence of as many
of the parties as attend at the place and on a date to be specified in the
notice under Sub-rule (2) attest a copy of the map and the record-of-rights.
(2)
Not less than seven days from the date of
attestation, a notice in Form No.2 shall be published in the manner provided in
the Rule 6.
Rule - 26. Publication of the draft record-of-rights and receiving of objection.?
(1)
The Assistant Settlement Officer shall publish the
attested copy of the map and the draft record-of-rights by placing them for
public inspection, free of charge for a period of [sixty days] at
such convenient place as he may determine.
(2)
Not less than seven days from before the date of
publication under Sub-rule (1), a notice in Form No. 3 shall be published in
the manner provided in Rule 6.
(3)
Objections, if any, to any entry in or omission
from the draft record-of-rights shall be made in Form No. 4 during the period
of publication specified in Sub-rule (1) and shall be received and considered
by the Assistant Settlement Officer in accordance with provisions of Rule 27
and the objector shall, within such time as the Assistant Settlement Officer
may direct file as many copies of the objection as may be necessary to be
served on every person whose interest may, in the opinion of such Officer be
affected.
Rule - 27. Disposal of objection.?
(1)
When an objection is received under Sub-rule (3) of
Rule 26, notice thereof-in Form No. 5 along with copy of the objection shall be
served on every person whose interest may, in the opinion of the Assistant
Settlement Officer, be affected thereby and all such persons shall be called
upon to attend at such time and place as the Assistant Settlement Officer may
fix for the 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 Assistant
Settlement Officer shall, after making such enquiries as he considers necessary
and after giving the parties present an opportunity of being heard, pass such
orders as he deems proper :
Provided that if the correctness of any
entry in the draft record-of-rights is objected to by any party and fresh
inspection of measurement is prayed for, the party shall deposit the prescribed
fee for such measurement or inspection. If after such measurement or inspection
by the Assistant Settlement Officer any subordinate deputed by him in that
behalf, it shall appear that the original entry is inaccurate and the Assistant
Settlement Officer is satisfied that the said inaccuracy was not due to any
omission on the part of the said party in pointing out boundaries, furnishing
information or producing records in proper time, he may order the amount
deposited or any portion thereof to be refunded to the objector.
Rule - 28. Final framing of the record-of-rights.?
The Assistant Settlement Officer shall
finally frame the record-of-rights in conformity with the draft
record-of-rights and map as corrected in accordance with orders made on
objections under Section 12 and appeals under Section 12-A.
Rule - 29. Final publication of the record-of-rights.?
(1)
A copy of the map and record-of-rights finally
framed shall be finally published by the Assistant Settlement Officer by
placing them for public inspection, free of charge, for a continuous period of
seven days at such convenient place as he may determine at the seventh day of
such publication shall be deemed to be the date of final publication.
(2)
Not less than seven days from before the final
publication of the record-of-rights in accordance with Sub-rule (1) the
Assistant Settlement Officer shall issue a notice in Form No. 6 to be published
in the manner specified in Rule 6.
(3)
On the expiry of the period of seven days specified
in Sub-rule (1) the Assistant Settlement Officer shall record a proceeding
certifying the final publication of the record-of-rights. The copy of the map
and every page of the record-of-rights which are finally published under
Sub-rule (1) shall bear a certificate of such publication under the seal and
signature of facsimile signature of the Assistant Settlement Officer. The map,
a copy of which is finally published under Sub-rule (1) shall also bear a
certificate of such publication under the signature of the Settlement Officer.
(4)
The copy of the map and the record-of-rights
finally published under Sub-rule (1) shall remain in the custody of the
Tahasildar.
Rule - 30. Distribution of copies of record-of-rights.?
(1)
A copy of or a relevant extract from the
record-of-rights as finally published bearing a certificate under the Assistant
Settlement Officer's signature or facsimile signature and seal shall be made
over to the landlord, tenant or occupant concerned, if such landlord, tenant or
occupant, as the case may be, attend to receive it on the date and at the place
notified by the Assistant Settlement Officer in this behalf in Form No. 7 at
least 7 days before such date :
Provided that where there are more than
one such person concerned in respect of the copy of extract, it shall be made
over to their agent or manager or any one of the persons concerned as the
Assistant Settlement Officer may deem fit.
(2)
A copy of the map and record-of-rights as finally
published bearing a certificate under the Assistant Settlement Officer's
signature or facsimile signature and seal shall be made over to the Collector.
Rule - 31. Assessment of cost of preparation of record-of-rights.?
(1)
The cost of preparation of the record-of-rights under
Section 11 (2) shall subject to the provisions of Sub-rule (2) be assessed by
the Assistant Settlement Officer in the manner prescribed in Rule 19.
(2)
The cost of preparation of copies of the record or
of extracts therefrom for supply to landlords, tenants or occupants under Rule
30 shall be included in the cost of the preparation of record-of-rights and no
separate charges shall be levied on the landlords tenants or occupants in
respect of such copies.
CHAPTER-IV
Maintenance of Record-of-Rights and Map
Rule - 32. Maintenance of the record-of-rights and map.?
The record-of-rights and the copy of
the map as finally published in accordance with the provisions of the Act or
deemed to be the record-of-rights and map finally published under the
provisions of the Act and supplied to the Tahasildar shall be maintained and
kept up-to-date in accordance with rule hereinafter provided.
Rule - 33. Abatement and suspension of proceedings under this Chapter.?
When an order is made under
Sections 11, 18 or 36 with respect to any local area-
(1)
all proceedings for maintenance of the
record-of-rights and the map under the rules of this Chapter in respect of the
said local area and pending as on the date of such order shall abate; and
(2)
Rule 34 and all subsequent rules of this Chapter
shall remain inoperative with effect from the date of such order till the
expiry of three months from the date of final publication of record-of-rights.]
Rule - 34. Grounds on which correction of the record-of-rights and map is to be made.?
The Tahasildar may on application in
that behalf of any person interested or on receipt of a report from any of his
subordinate officers or on receipt of a notice from the Registrar or Sub-Registrar appointed under the Indian
Registration Act, 1908, or from a Court or on his own motion, order [* *
*] any charge of any entry in the record-of-rights according to the rules
hereinafter prescribed on any one or more of the following grounds, namely :
(a)
that all persons interested in any entry in the
record-of-rights wish to have it changed;
(b)
that by a decree in a civil suit, any entry therein
has been declared to be erroneous;
(c)
that being founded on a decree or order of a Civil
Court or on the order of any competent authority, the entry therein is not
accordance with such decree or order;
(d)
that such decree or order has subsequently been
varied on appeal, revision or review;
(e)
that any entry therein has no relationship with the
existing facts; and
(f)
that by preparation of a survey record under
Chapter II of the Act, any change is necessitated in the record-of-rights.
Rule - 35. Registration of proceedings.?
All proceedings
commenced on a report, application or otherwise under this Chapter shall be
registered as mutation cases and each such case shall be numbered and entered
in register in Form No.8 to be called the Mutation Register :
Provided that
changes in any entry of the record-of-rights arising out of an order to decree
of Revenue or a Civil Court or the order of a Tribunal constituted under any
law for the time being in force shall be numbered and entered in the Register
as separate cases and carried out by the Tahasildar immediately on receipt of
such order or decree, as the case may be, and it shall not be necessary to
commence a Mutation Proceeding for that purpose.]
Rule - 36. Application fees.?
Fees on every,application for mutation
and on the petition of objection, if any, shall be [three rupees] and shall be realised on the
shape of Court-fee stamps :
[Provided that where proceedings are
commenced otherwise than on an application, no application fees shall be
realised from the party.]
Rule - 37. Process fees.?
[Process fee for the service of notice
shall be realised in the shape of Court-fee stamp from the party applying for
mutation and where proceedings are commenced otherwise than on an application
the process fee shall be realised from the party]. Process fees shall also be
realised from the party who applies for issue of summons to a witness for
examination in course of a mutation proceeding. The rates of process fee shall
be regulated in the following manner, namely:
(i)
in every case in which personal or substituted
service of any process on parties or witness is required, a fee
of [Rs.3.00] shall be charged, for service of the same document of
not more than [three] persons and an additional fee of [Re. 1.00] shall
be charged for every such in excess of four; and
(ii)
for issue of general notice, a fee
of [Rs.3.00] shall be charged:
Provided that where the fee charged is
payable by Government such fee shall not be realised.
Rule - 38. Measurement.?
Where a measurement or field enquiry is
claimed, fees shall, be realised at the rate of [four rupees] for every plot of land covered
by such measurement or enquiry :
Provided that
the fees shall be calculated on the number of plots that are made after the
said measurement or enquiry :
[Provided
further that no measurement fee shall be realised for measurement or field
enquiry necessitated in any proceedings commenced otherwise than on an application.]
Rule - 38A. Exemption.?
No fees shall be
realised under Rules 36,
37 and 38 in respect of lands distributed in accordance with the provisions of
the Orissa Bhoodan Yagna Act, 1953 (Orissa Act 16 of 1953).]
Rule - 39. Consent of parties for subdivision of holdings.?
The subdivision of a holding shall not
be allowed unless all the parties interested in the holding, give consent for
the same or such a subdivision has been ordered by a competent Court or
authority.
Rule - 40. Service of notice.?
While acting under Rule 34, the
Tahasildar shall issued a general notice in Form No. 9, inviting objections
from persons interested within a period of [Fifteen] days from the
date of service of such notice. The Tahsildar, if he deems it necessary, may
issue individual notices in Form No. 10.
Rule - 41. Manner of disposal of mutation applications.?
The mutation applications and the
petitions of objection, if any, shall be disposed of after giving the parties
an opportunity of being heard and the enquiry to be so held shall be summary in
nature.
Rule - 42. Appeal.?
(1)
An appeal from any final order made
under Rule 41 shall lie ?
(2)
if the original order was made by an
Assistant Settlement Officer exercising the powers of the Tahasildar under
those rules and working under the administrative control of the Settlement
Officer, to the Settlement Officer; and
(3)
if the original order was made by any
other officer exercising the powers of the Tahasildar under these rules, to
Sub-divisional Officer.
(4)
Every such appeal must be presented
within thirty days from the date of the order appealed against.]
Rule - 43. Review.?
Any person considering himself
aggrieved by any decision under this Chapter may apply within thirty days from
the date of the decision for a review of the order to the Officer, who passed
the said order on the ground of any mistake or error apparent on the face of the
record and the Officer may, after giving to the parties interested a reasonable
opportunity of being heard, pass such order thereon as he thinks fit.
Rule - 44. Entry of corrections in the record-of-rights and map.?
The changes in the entries in the
record-of-rights shall be carried out under attestation by the Tahasildar. The
copy of the map finally published or deemed to be finally published under the
Act shall be corrected so as to be in conformity with the changes carried out
in the record-of-rights.
Rule - 45. Re-writing of the record-of-rights.?
When the Collector considers that due
to incorporation of numerous changes in the record-of-rights or any part
thereof, it has become unfit for further use, he may cause the record or the
part to be re-written. The record-of-rights so re-written and brought
up-to-date shall bear a certificate under the facsimile signature or signature
and seal of the Collector or any other Officer duly empowered by him in this
behalf and shall replace the original record or the relevant part thereof, as
the case may be, in the custody of the Tahasildar. A copy thereof duly
certified by the Tahasildar shall be transmitted to the Collector.
Rule - 46. Replacement of the map.?
Where the Collector considers that due
to incorporation of numerous changes or for any other reasons the map or any
part thereof has become unfit for further use, he may cause a copy thereof to
be prepared. Such copy shall bear a certificate under the facsimile or
signature and seal of the Collector or any other Officer duly empowered by him
in this behalf, and shall replace the original map or the relevant part
thereof, as the case may be, in the custody of the Tahasildar. A copy thereof
duly certified by the Tahasildar shall be transmitted to the Collector.
CHAPTER-V
Settlement of Rent
Rule - 47. Submission of application, execution of agreement and deposit of amount towards the expenses of settlement of rent.?
The filing of applications, execution
of agreement, and deposit of amounts towards the expenses of settlement of rent
of an area under Sub-section (2) of Section 18 shall be made in the same manner
as prescribed in Rule 5.
Rule - 48. Classification of villages and lands.?
(1)
Before proceeding to fix fair and equitable rent in
respect of land situated in any local area the Assistant Settlement Officer may
group the villages of the local area into different classes by taking into
consideration the following factors, namely :
(i)
situation of the village;
(ii)
communication and marketing facilities;
(iii)
depredation by wild animals; and
(iv)
liability to vicissitudes of season.
(2)
The Assistant Settlement Officer shall group the
lands in the village [used for agriculture according to the Sub-section
(1) of Section 19] into as many different classes as he deems fit and
assign every plot of land to one such class having regard to the following
factors, namely:
(i)
crop or crops grown on the land;
(ii)
nature of the soil;
(iii)
situation of the land in the village; and
(iv)
source of irrigation.
(3)
[The Assistant Settlement Officer shall group the
lands in the village used for residential purpose other than agriculture
according to Subsection (2) of Section 19 into as many different classes as
deemed fit and assign every plot of land to one such class having regard to the
following factors, namely :
(i)
proximity of the land to markets and means of
communication;
(ii)
the prevailing market value of the land; and
(iii)
extent of the development of the locality in which
the land is situated.]
Rule - 49. Consideration of benefits from crop or crops normally grown.?
(1)
In taking into consideration the crop or crops
normally grown on a land for the purpose of fixation of fair and equitable rent
as provided under Clause (b) of Sub-section (1) of Section 19, the Assistant
Settlement Officer shall take into account the following, namely :
(i)
the kind and quantity of the crop or crops that can
be grown during a year,
(ii)
the number of crops grown in a year; and
(iii)
the profit that can be derived from the land with
due diligence and reasonable means.
(2)
For ascertaining the quantity of crop or crops
grown, the Assistant Settlement Officer may himself conduct or cause to
conducted by any of his subordinates as many experiments as he considers
necessary on different classes of lands in each village and in respect of each
kind of crop grown.
(3)
The rest it result of the crop experiments may be
considered along with the available statistics of production in respect of the
area concerned.
Rule - 50. Consideration of benefits in relation to the situation of the land and the nature of the soil.?
The Assistant Settlement officer shall,
while considering the situation of any land and the nature of the soil under
Clause (c) of Sub-section (1) of Section 19 take the following factors into
consideration, namely :
(i)
availability of irrigation by flow or lift;
(ii)
liability to floods or protection therefrom in
flood affected areas;
(iii)
salinity;
(iv)
silt deposit;
(v)
general fertility of lands; and
(vi)
any other advantages of disadvantages which bear
upon the productivity of the land.
Rule - 51. Fixation of fair and equitable rent.?
The Assistant Settlement Officer shall
in accordance with the provision of the preceding rules in this Chapter and in
the light of the factors specified in Clauses (a) to (d) of Subsections
(1) [and (2)] of Section 19 six fair and equitable rent in respect of
every person interested or every group of persons jointly interested in land,
if they are not entitled to hold such interest without payment of rent.
Rule - 52. Settlement Rent Roll.?
The Settlement Rent Roll shall comprise
the copy of the record-of-rights as finally published and maintained under
Sub-section (2) of Section 16 with the rent fixed under Section 20 incorporated
therein :
Provided that it may not show the rent
payable immediately before the fixation of such rent under Section 20.
Rule - 53. Preliminary publication of Settlement Rent Roll and filing of objections.?
(1)
The Assistant Settlement Officer shall publish the
Settlement Rent Roll and a copy of the map maintained under Chapter IV by
placing them for public inspection, free of charge, for a period of [sixty
days] at such convenient place as he may determine.
(2)
Not less than seven days from before the date of
publication under Sub-rule (1) a notice in Form No. 3 shall be published in the
manner provided in Rule 6.
(3)
Objections, if any, to any entry in or omission
from the Settlement Rent Roll shall be made in Form No.4 during the period of
publication specified in Sub-rule (1) and shall be received and considered by
the Assistant Settlement Officer in accordance with the provisions of Rule 54
and the objector shall within such time as the Assistant Settlement Officer may
direct, file as many copies of the original objection as may be necessary to be
served on every person whose interest may, in the opinion of the Assistant
Settlement Officer, be affected thereby.
Rule - 54. Disposal of objections.?
(1)
When an objection is received under Sub-rule (3) of
Rule 53, notice thereof in Form No. 5 along with copy of the objection shall be
served on every person whose interest may, in the opinion of the Assistant
Settlement Officer, be affected thereby and such persons shall be called upon
to attend at such time and place as the Assistant Settlement Officer may fix
for the disposal of the objection.
(2)
On the date of fixed for hearing of the objection
or any other date to which the hearing may stand adjourned, the Assistant
Settlement Officer shall, after making such enquiries as he considers necessary
and after giving the parties present an opportunity of being hearing pass such
orders as he deems proper :
Provided that if the correctness of any
entry in the Settlement Rent Roll is objected to by any party and fresh
inspection or measurement is prayed for, the party shall deposit the prescribed
fee for such measurement or inspection. If after such measurement or inspection
by the Assistant Settlement Officer or any subordinate deputed by him in that
behalf, it shall appear that the original entry is inaccurate and the Assistant
Settlement Officer is satisfied that the said inaccuracy was not due to any
omission on the part of the said party in pointing out boundaries, furnishing
information on producing records in proper time, he may order the amount
deposited or any portion thereof to be refunded to the objector.
Rule - 55. Final Publication of record-of-rights with the settled rent incorporated.?
(1)
A copy of the corrected or amended map and the
fresh copy of the record-of-rights prepared under Sub-section (1) of Section 23
shall be finally published by the Assistant Settlement Officer by placing them
for public inspection, free of charge, for a continuous period of seven days at
such convenient place as he may determine and the seventh day of such
publication shall be deemed to be the date of final publication.
(2)
Not less than seven days from before the final
publication of the record-of-rights in accordance with Sub-rule (1), the
Assistant Settlement Officer shall issue a notice in Form No.6 to be published
in the manner provided in Rule 6.
(3)
On the expiry of the period of seven days specified
in Sub-rule (1) the Assistant Settlement Officer shall record a proceeding
certifying the final publication of the record-of-rights. The copy of the map
and every page of the record-of-rights which are finally published under
Sub-rule (1) shall bear a certificate in such publication under the seal and
signature or facsimile signature of the Assistant Settlement Officer.
(4)
The copy of the map and the record-of-rights
finally published under Sub-rule (1) shall remain in the custody of the
Tahasildar.
Rule - 56. Distribution of copies of record-of-rights with settled rent incorporated.?
The distribution of copies or of
relevant extracts from the record-of-rights as finally published under Rule 55 shall
be made in the manner specified in Rule 30.
Rule - 57. Assessment of cost of settlements of rent.?
(1)
The cost of settlement of rent as directed under
Sub-section (2) of Section 18 shall-, subject to the provisions of Sub-rule
(2), be assessed by the Assistant Settlement Officer in the manner prescribed
in Rule 19.
(2)
The cost of preparation of copies of the record or
of extracts therefrom for supply to landlords, tenants or occupants under Rule
56, shall be included in the cost of settlement of rent and no separate charge
shall be levied on the landlords, tenants, or occupants in respect of such
copies.
CHAPTER-VI
Simultaneous Proceedings
Rule - 58. Simultaneous proceedings relating to survey and record-of-rights.?
(1)
When an order has been made under Clause (a) of the
Sub-section (1) of Section 36, the provisions of Chapters II and III of the Act
shall, subject to the following modifications, apply for the preparation of the
survey, record and record-of-rights, namely :
(a)
Provisions of Chapter III of the Act shall be read
and construed as providing for the preparation of survey record along with the
record-of-rights.
(b)
The map prepared for the purpose of the
record-of-rights shall, notwithstanding anything to the contrary in Chapter II
of the Act, shall constitute the survey record for purposes of the said
Chapter.
(c)
Grounds for filing objections and appeals under
Sections 6-A and 6-B may be taken, heard and disposed of in proceedings
respectively under Section 12 and 12-A and no separate proceedings shall lie
for purposes of such objections and appeals.
(d)
Provisions of Section 15 shall be read and
construed as also providing for applications or directions that may be made
under Section 6-D and no separate proceedings shall lie therefor under the said
section.
Explanation. - Clauses (b), (c)
and (d) shall have effect without prejudice to the generality of the provisions
of Clause (a).
(2)
Proceedings relating to the simultaneous
preparation of survey record and record-of-rights shall be in accordance with
the provisions of Rules 21 to 30.
Rule - 59. Simultaneous proceedings relating to preparation of record-of-rights and settlement of rent.?
When an order has been made under
Clause (b) of Sub-section (1) of Section 36, there shall be the preparation of
record-of-rights and settlement of rent in accordance with the provisions of
Chapters III and IV of the Act and the rules made thereunder as modified in the
manner and to the extent required by the following further rules of procedure
herein specified, namely :
(a)
The proceedings shall begin with the preparation of
the draft record-of-rights and shall continue up to the attestation of the same
in the manner prescribed in Rules 21 to 25.
(b)
The Assistant Settlement Officer shall thereafter
fix fair and equitable rent in the manner prescribed in Rules 48 to 51 and
shall incorporate the rent so fixed in the attested draft record-of-rights
which shall thereafter be a combined draft record-of-rights and Settlement Rent
Roll :
Provided that it may not show the rents
payable immediately before the fixation of such rent.
(c)
Proceedings relating to publication of the combined
draft record-of-rights and Settlement Rent Roll, filing of objections to any
entry therein or omission therefrom, disposal of such objections, revision of
rent by the Assistant Settlement Officer, sanction of the settled rent and
modification of order of the Assistant Settlement Officer, by the Settlement
Officer shall be carried on in accordance with provisions of Sections 21 and 22
and Rules 26 and 27:
Provided that an application under
Clause (b) of Sub-section (2) of Section 22 shall be deemed to be an appeal
under Section 12-A and no separate appeal shall lie under the said section.
(d)
The Assistant Settlement Officer shall thereafter
finally frame the record-of-rights in conformity with the combined draft
record-of-rights and Settlement Rent Roll as corrected in accordance with
orders made by him or by the Settlement Officer before sanction of the settled
rent.
(e)
Proceedings relating to final publication of the
record-of-rights and distribution of copies thereof shall be carried on in
accordance with provisions of Rules 29 and 30.
(f)
An application made or a direction issued under any
of the Sections 15 or 25 shall always be deemed to have been made or issued, as
the case may be, under the other section also.
Rule - 60. Simultaneous proceedings relating to survey, preparation of record-of-rights and settlement of rent.?
Where an order has been made under
Clause (c) of Sub-section (1) of Section 36 there shall be the survey
preparation of record-of-rights and settlement of rent in accordance with the
provisions of Chapters II, III and IV of the Act and the rules made thereunder
as modified in the manner and to the extent required by the following further
rules of procedure herein specified, namely:
(a)
The proceedings shall be with the preparation of
the draft record-of-rights and shall continue up to the attestation of the same
in the manner prescribed in Rules 21 or 25 and the map prepared under Rule 23
shall constitute the survey record.
(b)
The Assistant Settlement Officer shall thereafter
fix fair and equitable rent in the manner prescribed in Rules 48 to 51 and
shall incorporate the rent so fixed in the attested draft record-of-rights
which shall thereafter be a combined draft record-of-rights and Settlement Rent
Roll :
Provided that it may not show the rents
payable immediately before the fixation of such tent.
(c)
Proceedings relating to publication of the draft
survey record and of the combined draft record-of-rights and Settlement Rent
Roll, filing of objections to any entry, therein or omission therefrom,
disposal of such objections, revision of rent by the Assistant Settlement
Officer, sanction of the settled rent and modification of orders of the
Assistant Settlement Officer, by the Settlement Officer shall be carried on in
accordance with provision of Sections 21 and 22 and Rules 26 and 27:
Provided that any objection preferred
under Section 21 shall be deemed to be also an objection to the draft survey
record under Section 6-A if it has the effect of affecting the map and no
separate objection to the draft survey record shall be necessary in such a case
:
Provided further that an application
under Clause (b) of [Sub-section (2)] of Section 22 shall be deemed
to be an appeal under Section 12-A, and shall be deemed to be also an appeal
under Section 6-B, if such application has the effect of affecting the map and
no separate appeal under Section 6-B or 12-A shall lie in such a case.
(d)
The Assistant Settlement Officer shall thereafter
finally frame the survey record in confirmity with the draft survey record as
corrected in accordance with the orders made by him and by the Settlement
Officer before sanction of settled rent. He shall also finally frame the
record-of-rights in confirmity with the combined draft record-of-rights and
Settlement Rent Roll so corrected.
(e)
Proceedings relating to final publication of the
survey record and of the record-of-rights and distribution of copies thereof
shall be carried on in accordance with the provisions of Rules 29 and 30.
(f)
An application made or a direction issued under any
one of the Section 15 or 25 shall always be deemed to have been made or issued,
as the case may be, under the other section also :
Provided that any such application made
or direction issued shall be deemed to be also an application or direction, as
the case may be, under Section 6-D, if it has the effect of affecting the map
and no separate application or direction under Section 6-D, shall lie in such a
case.
CHAPTER-VII
Miscellaneous
Rule - 61. Procedure for declaration of villages.?
(1)
Where proceedings in pursuance of an order made
under Sections 11, 18 or 36 are in progress, the Settlement Officer may, if he
deems fit, start proceedings for effecting changes in the boundaries of an
existing village or for constitution of a new village :
Provided
that when a portion of the village has been declared or will be declared to be
a reserved forest under the provisions of Section 20 of the Indian Forest Act
16 of 1927 of Section 16 of the Madras Forest Act, 1882 (Madras Act 5 of 1882)
or when a portion of the village has been deemed to be a reserved forest under
Section 20A of the Indian Forest Act 16 of 1927. The changes in the boundaries
of the village shall be effected according to such declaration or the deeming
provisions, as the case may be, and it shall not be necessary to start
proceedings under this rule for affecting such changes.
(2)
Such proceedings shall be started before
attestation of the draft record-of-rights or fixation of fair and equitable
rent, as the case may be.
(3)
At the commencement of the proceedings, the
Settlement Officer or any other officer authorised by him in this behalf, shall
issue a general notice in Form No. II inviting objections to the proposed
changes in the boundaries of an existing village, or to the constitution of a
new village, as the case may be, such notice shall be published in the manner
provided in Rule 6 and a copy of the notice shall be transmitted to the
Collector.
(4)
Objections, if any, received within the period
specified in the notice, which shall not be less than thirty days from the date
of service of the notice, shall be considered by the Settlement Officer along
with opinion of the Collector, if any, received during the said period. He
shall then forward his proposals with a summary of the objections and opinion
of the Collector, if any, to the Board of Revenue for orders :
Provided
that when the proceedings are conducted by an officer other than the Settlement
Officer under Sub-rule (3), the objections and opinions of the Collector, if
any, shall be considered by him and he shall thereafter submit his proposals to
the Settlement Officer who shall formulate and forward his proposals with a
summary of objections and opinions of the Collector to the Board of Revenue for
orders.
(5)
[On receipt of the proposals from the Settlement
Officer, the Board of Revenue may sanction it with or without amendment of may
return the same for revision by the Settlement Officer or for further enquiry:
Provided
that before passing final orders on the proposal of the Settlement Officer, the
Board of Revenue may, if it considers necessary give a hearing to any person or
persons who have filed objections in response to the notice under Sub-rule
(3).]
(6)
The attestation of the draft record-of-rights and
fixation of fair and equitable rent, as the case may be, shall be taken up only
after giving effect to the orders of the Board of Revenue in the map and the
draft record-of-rights, as the case may be.
(7)
The aforesaid powers of the Settlement Officer
shall be exercised by the Collector when proceedings in pursuance of an order
made under Sections 11, 18 or 36 are not in progress :
Provided
that no notice required to be issued to the Collector in Sub-rule (3) shall be
necessary in such a case :
Provided
further that on receipt of orders of the Board of Revenue the Collector shall
transmit a copy thereof to the Tahasildar for effecting necessary corrections
in the map and record under Chapter IV of these rules.
Rule - 61A. Agricultural year for certain parts of the State.?
The agricultural year in respect of the
district of Ganjam the Tahasils of G. Udayagiri and Baliguda in the district of
Boudh and all Tahasils except Kashipur Tahasil in the district of Koraput,
means the year commencing on the first day of July.]
Rule - 62. General powers of Settlement Officers, Chief Survey Officer, Assistant Settlement Officers, Survey Officers and Tahasildars.?
When a person is appointed as a
Settlement Officer, a Chief Survey Officer, an Assistant Settlement Officer, a
Survey Officer or a Tahasildar by or under the Act, he shall have the following
powers, namely :
(a)
all powers exercisable by a Civil Court in a trial
of suits;
(b)
power to enter upon any land to survey, demarcate,
and make a map or record of the same;
(c)
power to cut and thrash crop on any land and weigh
the produce thereof with a view to estimate the capabilities of its soil; and
(d)
power to take down evidence with his own hand in
the English language in proceedings under the Act or under these rules in
accordance with the procedure laid down in the Code of Civil Procedure, 1908
for trial of suits.
Rule - 63. Power to compel attendance of persons for pointing out boundaries and supplying information in connection with proceedings under the Act.?
Any Survey Officer, Assistant
Settlement Officer, Chief Survey Officer or Settlement Officer may, by a
special notice, require any person to appear before him or before any person
authorised by him in this behalf, within a specified time and at a specified
place for the purpose of pointing out boundaries or supplying information
necessary for the purposes of carrying out proceedings under the Act or these
rules. Every such person on whom such special notice is served, shall be
legally bound to attend as required by the notice and point out boundaries and
supply information which may be required, so far as the case may be able to
supply it. If the issue of the special notice has been necessitated by the
failure of the person to respond to any general notice that may have been
issued earlier, then such person shall be liable to pay a process fee
of [Rs.3.00]. The fee shall be realised in shape of Court-fee stamps.
Rule - 64. Fees.?
The fees to be levied in course of
proceedings under the Act or the rules other than those prescribed in Rules 36,
37, 38 and 63 shall be as mentioned in Schedule I. All the fees shall be
realised in shape of Court-fee stamps except those mentioned at serial 15 of
the Schedule which shall be realised in cash.
Rule - 65. Forms.?
(1)
A register for appeals and revisions filed under
the Act or the rules shall be maintained in Form No. 12.
(2)
All the forms prescribed in these rules shall be
used with such modifications as the officer or authority using them may deem
necessary but not so to effect the substance or merit in any way.
Rule - 66. Savings.?
(1)
All proceedings pending on the date of coming into
force of these rules shall be deemed to be proceedings under these rules and
shall be continued thereunder.
(2)
All persons, who on the date of issue of these
Rules are discharging the functions of a Tahasildar under Chapter IV of Orissa
Survey and Settlement Rules, 1960, shall be deemed to have been appointed as
Tahasildar under these Rules.
Schedule-1
Fees
to be levied in course of proceedings under the Act or the Rules
[See Rule
64]
|
Sl. No.
|
Nature of document, claim, etc.
|
|
Stage of proceeding
|
|
Officer before whom to be filed or
person to whom to be given
|
|
Fees to be charged
|
|
1
|
2
|
|
3
|
|
4
|
|
5
|
|
|
|
|
|
|
|
Rs. np.
|
|
1.
|
Application or petition generally not
otherwise provided for in this Schedule.
|
|
Any stage
|
|
(a) Board of Revenue
|
|
[2.25
|
|
|
(b) All other officers and
authorities mentioned in the Act and in these Rules.
|
|
1.10]
|
|
2.
|
Applications under Section 3, 11 or
18
|
|
Any time
|
|
Collector
|
|
1.10
|
|
3.
|
Objection to any entry made or
proposed to be made in a draft survey record or draft record or draft record-of-rights
or Settlement Rent Roll or combined draft record-of-rights or Settlement Rent
Roll or combined draft record-of-rights and Settlement Rent Roll.
|
|
Before publication under Section 6-A,
12 or 21 or in pursuance of proceedings ordered under Section 36.
|
|
Assistant Settlement Officer or
Survey Officer, as the case may be.
|
|
2.20
|
|
4.
|
Objection to any entry in or omission
from the draft survey record, draft survey record, draft record-of-rights or
Settlement Rent Roll or combined draft record-of-rights and Settlement Rent
Roll.
|
|
During the period of publication
under Section 6-A, 12 or 21 or in pursuance of proceedings ordered under
Section 3.
|
|
Assistant Settlement Officer or
Survey Officer, as the case may be.
|
|
No fee
|
|
5.
|
Application for revision under
Sub-Section (2) of Section 21.
|
|
Before the Settlement Rent Roll is
submitted to the Settlement Officer under Section 22.
|
|
Assistant Settlement Officer.
|
|
1.10
|
|
6.
|
Application under Clause (b) of
Sub-Section (2) of Section 22.
|
|
Before sanction of the Settlement
Rent Roll by the Settlement Officer under Sub-Section (3) of Section 22.
|
|
Settlement Officer.
|
|
4.00
|
|
7.
|
Appeals from an order of a Survey
Officer or an Assistant Settlement Officer filed under Section 6, 6-B or 12-A
or in pursuance of proceedings ordered under Section 36.
|
|
Thirty days from the date of the
order appealed against.
|
|
Chief Survey Officer or Settlement
Officer, as the case may be.
|
|
4.00
|
|
8.
|
Application for revision under
Section 6-D, 15 or 25.
|
|
Two years from the date of final
publication of the record sought to be revised.
|
|
Board of Revenue.
|
|
[8.00]
|
|
[8A.
|
Application for revenue revision
under Section 32.
|
|
Ninety days from the date of the
proceeding sought to be revised.]
|
|
Board of Revenue.
|
|
[8.00]
|
|
9.
|
Certified copies of or extract from
the record-of-right.
|
|
Distribution under Rule 30, 56, 60 or
63.
|
|
Landlords, tenants and occupants.
|
|
No fee.
|
|
10.
|
Certified copies other than those
mentioned at serial 9 above.
|
|
Any stage.
|
|
Any person
|
|
[No fee when copy is required on
behalf of the State Government, in other cases fees as laid down in the
Court-fees Act, 1870 and Rules and Orders issued thereunder and provisions of
Orissa Records Manual, 1964 for the time being in force.]
|
|
11.
|
Application for copies or for
inspection of record or for information.
|
|
Any stage.
|
|
All Officers and authorities
mentioned in the Act.
|
|
[No fee when made on behalf of the
State Government. No fee where inspection of any record is to be permitted
free of charge under these rules. In all other cases fee as laid down in the
Court-fees Act, 1870 the rules and orders issued thereunder and the
provisions of the Orissa Records Manual, 1964 for the time being in force.]
|
|
12.
|
Appeals under Rule 42.
|
|
Within thirty days from the date of
the orders appealed against.
|
|
Sub-divisional Officer [* *
*] Collector or any other officer authorised by the Collector under Rule
42 to acts as an appellate authority under the said Rule.
|
|
4.00
|
|
13.
|
Application for review under Rule 43.
|
|
Thirty days from the date of the
order sought to be reviewed.
|
|
The Officer who made the original
order.
|
|
4.00
|
|
14.
|
Fee for service of notices on
opposite parties respondents and defendants or for summoning witness in
proceedings arising out of petitions, applications or appeals, as the case
may be, mentioned at serial 1, 3, 4, 5, 6, 7, 8, 12 and 13 above.
|
|
At the time of the initiation of the
proceedings or at such time thereafter as may be allowed by the officer or
the authority before whom the prayer is made.
|
|
The Officer or authority before whom
the petitions, applications or appeals mentioned in Column 1 is filed.
|
|
No fee in case coming under serial 4
above. In all other cases, fees at the same rates as prescribed in Rule 37.
|
|
15.
|
Fees for measurement of inspection
under Rule 12, 27 or 54.
|
|
Disposal of objections under section
6-A, 12 or 21 or in pursuance of proceedings ordered under Section 36.
|
|
Survey Officer Assistant Settlement
Officer.
|
|
No fee where the claim is made on
behalf of Government. In other cases Rs. 2 for the first four plots and 50
naiya paise for every additional plot made after measurement or inspection
and forming the subject matter thereof.
|
|
16.
|
Mukhtarnama or Vakalatnama.
|
|
Any time
|
|
(a) Board of Revenue
|
|
[(a) Rs. 6.00
|
|
|
(b) Other Officers and authorities
mentioned in this Act.
|
|
(b) Rs. 2.25]
|
Form
No. 1
[See Rules
6, 24(2), 58, 59 (a) and 60 (a)]
Proclamation
for local enquiry for the purpose of preparation of draft survey record and/or
draft record-of-rights under Section 60A/(1) II, (4)/ 36 of the Orissa Survey
and Settlement Act, 1958
To landlords, tenants, occupants and
other persons claiming to be interested in the lands of-
|
Village
|
District
|
|
Thana
|
Thana No.
|
|
Tahasil
|
Tahasil No.
|
Whereas the Government of Orissa have
been pleased to order in Notification No...... dated...... the making of a
survey/preparation of record-of-rights/conduct of simultaneous proceedings
relating to survey and preparation of record-of-rights and settlement of rent.
Survey, preparation of record-of-rights and settlement of rent for the above-mentioned
village, tract of land under the Orissa Survey and Settlement Act, 1958 and a
local enquiry will be conducted for the purpose of preparing a draft survey
record and/or a draft record-of-rights :
You are hereby required-
(i)
to clear within fifteen days all obstructions to
existing survey marks, to transparent-wash the said marks, to drive into the ground
transparent-washed pegs. Indicate your individual rights and occupations; and
(ii)
to attend when called upon to do so either in
person or by agent to point out boundaries, supply information for the purpose
of preparing the draft record as aforesaid, to produce evidence in support of
your rights, and to provide labour and survey marks when required.
Survey Officer
Assistant Settlement Officer
Form
No. 2
[See Rules
9 (2), 25 (2), 58, 59 and 60]
Notice
for attestation of draft survey record and/or draft record-of-rights
To
landlords, tenants, occupants and other persons claiming to be interested in
the lands of -
|
Village
|
District
|
|
Thana
|
Thana No.
|
|
Tahasil
|
Tahasil No.
|
It
is hereby notified that the draft survey record and/or draft record-of-rights
will be taken up for attestation under Rule 9(2) and/ or Rule 25(2) read with
Rule 58/59/60 of the Orissa Survey and Settlement Rules, 1962 at.......on.......
or on any subsequent date or dates to which the proceedings may stand
adjourned.
All
persons interested are hereby called upon to attend.
Survey Officer
Assistant Settlement Officer
Form
No. 3
[See Rules
11 (2), 53, 58, 59 and 60]
Notice
for publication of the draft survey record and/or the draft
record-of-rights/Settlement Rent Roll and/or combined draft record-of-rights
and Settlement Rent Roll
Notice
to landlords, tenants, occupants, and other persons claiming to be interested
in the lands of-
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Village
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District
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Thana
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Thana No.
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Tahasil
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Tahasil No.
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It
is hereby notified that the draft survey recorded and/or draft
record-of-rights/Settlement Rent Roll and/or combined record-of-rights anti
Settlement Rent Roll has been prepared under provisions of the Orissa Survey
and Settlement Act, 1958 and the Rules made thereunder. The same will be
published at.......... by being placed for public inspection, free of charge,
for a period (sixty days) from ......... during office hours on working days.
Objections,
if any, to any entry in or omission from the aforesaid record may be made in
the prescribed form during the aforesaid period of publication after which no
objection will be entertained.
Survey Officer
Assistant Settlement Officer
Form
No. 4
[See Rules
11 (3), 26 (3), 53 (3), 58, 59 and 60]
Objection
under Section 6-A (2)/12/12 (1), 36 of the Orissa Survey and Settlement Act,
1958
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Case No.
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Camp
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Village
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District
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Thana
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Thana No.
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Tahasil
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Tahasil No.
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(1)
Name of the objector with father's name, caste and
address..........
(2)
Name, Father's name, caste and address of the
person or persons in whose favour the entry objected to, has been made and
whose interests are affected or are likely to be affected by the
objection...............
(3)
Detailed particulars of the entry or the omission
objected to...........
(4)
Statement of relief sought with reasons
thereof............
(5)
Signature of the objector with date of
filing...........
Form
No. 5
[See Rules
12 (1), 27 (1), 58, 59 and 60]
Notice
fixing the date for the hearing of an objection under Section 6-A(2)/12 (1)/36
of the Orissa Survey and Settlement Act, 1959
In
the Court of the Survey Officer/Assistant Settlement Officer, at.........
district............ Case No............. Camp......... Process Register
No...........
Whereas
an objection (copy of which is annexed) under Sections 6-A (2)/12/21 (1 )/36 of
the Orissa Survey and Settlement Act, 1958 has been filed and the date of its
disposal has been fixed for the ...........20...... you are hereby informed
that you should on the day fixed appear personally or by authorised agent in
this Court at .........O' clock and produce any evidence you have. In case of
your failing to appear at the time, date and place fixed, orders will be passed
according to law.
Survey Officer
Assistant Settlement Officer
Form
No. 6
[See Rules
14 (2), 29 (2), 55 (2), 58, 59 and 60]
Notice
of the date of final publication of the survey record and/or record-of-rights
Notice
of landlords, tenants, occupants and other persons claiming to be interested in
the lands of-
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Village
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District
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Thana
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Thana No.
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Tahasil
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Tahasil No.
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It
is hereby notified that the survey record and/or record-of-rights as finally
framed under Sections 6-C (1)/12-B/23 (1)/36 of the Orissa Survey and
Settlement Act, 1958 will be finally published at ......... by being placed for
public inspection free of charge, for a period of seven days from ...........
during office hours on working days.
Survey Officer
Assistant Settlement Officer
Form
No. 7
[See Rules
30(1), 56, 58, 59 and 60]
Notice
for distribution of copies of or extracts from the record-of-rights as finally
published under Section 12-B/23/39
Notice
of landlords, tenants, occupants and other persons claiming to be interested in
the lands of-
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Village
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District
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Thana
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Thana No.
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Tahasil
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Tahasil No.
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It
is hereby notified that copies of or extract from the record-of-rights as
finally published shall be made over free of charge, to persons interested at
on........ or on any subsequent date or dates to which the proceeding may stand
adjourned.
All
persons interested are called upon to attend.
Survey Officer
Assistant Settlement Officer
Form
No. 8
[See Rule
35]
Mutation
Register
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Sl. No.
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Name of the petitioner or nature of
document occasioning the case
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Abstract of the case
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Date of institution
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Date of order
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Abstract of order
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Remarks
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1
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2
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3
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4
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5
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6
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7
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Form
No. 9
[See Rule
40]
General
notice inviting objections of Mutation Cases
In
the Court of the Tahasildar.......... Mutation Case No........of
20.......20.....
It
is hereby notified for general information that the aforesaid mutation case
instituted by for correction of Khata/Khewat No....... of village.........
Thana........ Tahasil........ District...... Thana No....... has been posted
for hearing on...... Any person having any objection to the proposed change of
the record as mentioned below may file an objection petition before....... the
undersigned on or before which will be duly considered before the disposal of
the mutation case. No objection petition will be entertained after the
aforesaid date.
Tahasildar
Changes proposed to be made.
Form
No. 10
[See Rule
40]
Individual
notice having objection in Mutation Cases
In
the Court of the Tahasildar......... Mutation Case No....... of 20.......
20........
Take
notice that the aforesaid mutation case instituted for correction of
Khata/Khewat No.............
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Village
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Thana
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Tahasil
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District
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Thana No.
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has been posted for hearing on
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If
you have any objection to the proposed change of the record as mentioned below,
you may file an objection petition before the undersigned on or before
.......... which will be duly considered before disposal of the mutation case.
No objection will be entertained after the aforesaid date.
Tahasildar
Changes proposed to be made.
Form
No. 11
[See Rule
61]
Notice
for inviting objections for changing boundaries of existing villages or
constitution of new villages
In
the Court of Settlement Officer
It
is hereby notified that it is proposed to make changes in the boundaries of the
following village in the manner indicated in the below or to constitute the
following tract not included in any village into a new village in the manner
indicated in the Schedule below.
Any
person claiming to be interested in the lands of the aforesaid village/tract
may within thirty days from the date of service of this notice file objection
to the said proposal with reasons for such objection before the undersigned.
Settlement Officer/Collector
Officer authorised under Rule 61(3) of the Orissa
Survey and Settlement Rules, 1962.
Schedule
Form
No. 12
[See Rule
65]
Register
of Appeals and Revisions
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Sl. No.
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Name of the parties
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Name of office or officer against
whose decision the appeal or revision is made
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Date of decision of lower Court
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Date of institution of appeal or
revision
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Date of order in appeal or revision
and by what officer passed
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Purport of order
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Remarks
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1
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2
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3
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4
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5
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6
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7
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8
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