the orissa land reforms act, 1960 · 254 the orissa land reforms act, 1960 [ or.act 9 dcediona 2.in...

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The Orissa Land Reforms Act, 1960

Act 16 of 1960

Keyword(s):Land Reforms, Orissa Land Reforms, Agriculture, Basic Holding, Ceiling Area,Fair and Equitable Rent, Fair Rent, Home-Stead, Irrigated Land, LandHolder, Land Reforms Personal Cultivation, Privileged Raiyat, LordJagannath, Raiyat, Rent, Standard Acre,

Amendments appended: 9 of 1990, 29 of 1993, 12 of 1994, 8 of 2006

' ORISSA ACT 16 OF 1960 . .

CONTENTS . . , . ' ' I . ~ F M ~ B L E , . .

. - . . I . Short title, e,xtent and cornm,encemcnt . . , >2. Definitions ' . , . .

. I 3. ,Act to ovkrride..otherhla~i , ' ,

' I '

I .

- . ' , . RAIYATS AND NANI IS' . . . , 'I ' . .

, , , ' .

: , - .I..'~aiiats .' . . . . I - ' I. I , 1

, , . . . . . . ' . , . . . . - . . . . a . 5. ~ x i s t i n ~ ' r i ~ h t s ?f iaiyats l o t to be affected ' . , .

' , : ' 6; . , . &ttr bbr riiyats .and . pr,obibiiion . of lining ' , , - f , ,. . I 0 . . . . &A. ~ e b i ~ o i a r y b e d on franr[er,of land settled b i ~ o k f t h e n t '

, . , " 0

, 7: ~cn-trinrTerability add k i n g bithe rights and ~ i ib i l i t i s~ bf tenants :. , , I . . ' I I . f , , . . * . I ' ' .

- ' . 8. Eviqion of rgiyatq , ' . . . " I . . 0 , I . - . . . . . . . + 9. $wclliqg hourina.of raiyats and tt'nants . . . ' : . ' I 'I . , ' 10: ~willip~ houri, of agricultura~ lsb~ursra and artisans . . : ' . .

I I ' I ' . ' . .

' . . - . 11,. . ~ o d k , b'f transfir dfih?ldi% of s. ra&t - , ! * . .

- , , . . " . . . , , , ' .I . . 1 - ii.: bccisios akdi&~ts;&on~ idndlads and raiyaiyalr a + ! - , '

- '' ' ' I ' .

4 I a * * . ' 1 - . - . - i ' , - , . ,' . , 1 " ' . . . . . . . . . :; . 1. ~ & t payable by t$.aqts ' 1 .' C ' I , ' ' I 1 , , '!., - : . - . ?

' ' " ' . . : , ' , ' . - , t , 7 . - 7 , ! * , ' ",14. Groimds of oyictioipf > , a tep&t

, , . . , , . , ,.. . . ' . , . . ' .. , ;*, < . . . . . . , d ' , ' li5,. Recoykry of-rqnt and diapute between l&dlord: i d .r$jat . o r tea~h t ' I: . , - ' ,

I . - , . I ; . . , , > , " . , 16; Dispute' regaiding idbntit of tmsnt .' - . , 1 . ' , . ' I . . . . . . . . . . . . . : ,, -. "" ' - I .' I .. . . . . , ' 1 . . . . . . 0 . . ," , . - 1 :

. :* * : 17.-&rant bf r&ipt to hiyat or tenant ?.nd penalrybfor i p n - c o m p ~ a n ~ ' . : ', '. , , . u 7- , . , , . . , , . . , . .

, . . . I . ' . 18. penalty on, landlorid' . for . ek&ss realiSatibn dr, . ii(terfe&k 'with ,:tcnantir ; . , !, . , , . . . . I , . : poyssionl , . : , , , a . , . ? . I . . .

I . I . .

; i9. Partition among-cq-shaier raiyats how t&jx,effected" . ., , , . . . . . . . . , - . I 0 7 - . - ,

j ' . , - . 20. ~ & d r kst. by diluvioh ' , I [ . t ' , , ' , . . I 1 , .- ,. . ' I

. -. ! . . : ' f , . - a , : ' . . . Y . - , . . , . * . . . . . . . . I ' * , .L. .: '21.: ~ b d s gained.bY~gradual accretion. : . . . . . . . I ; . , . , . ' . , , -,' ; '.,'. ' 4 . . , . . .

- 1 ' , , , - , * , J . ., , I .

. . ' . 22.. ~ & f & i b n bp alienatian bf land by ~chduled d~ribes ?. :. . . . . . . . . . . . . . a . q . 1 , . ! , . I I . . :. .

' ' i ' , , , .. ' - , . 22-A, ~~rrendei~or'aba~dtinment birajya-ibr.&hait :.", . , .,: . , ..: , : .,,.. :, . ' a * . - . I . . . . - , . I .. - . I . . . . , .: ' . . . . . . 4 , ( ' . , 1

' , , -, . . . . . , '23.~ff~~~:o[frhsfer~i~$ont&&n~ionofsec~on22~ . , . , . ,. , , .. ..t - , . ;., ' e . 1 . ' . . . , . , . . . I :! , , -.< -' . . . ' r . , , . ;,. ' ' ' , I . , . , ., * - , . . , . . . ! . , . - . ; , a . . , . ' . , I i . . . . . , I ' . . ' . ', 7 . ' ,, ' 1 . . ' ', , ' , . . . '. . , , U.!,'. . , , , , . . I ,! ' 1 ' . . - . ' . . '.' - . . . . , . . . r . . ' 4 . 7 , . f ' , ' , . . . . . . , . . - , . I ' - 1 ' . : I < - . . . . , ,

! 7 : , , . I . - . ' -. . , . . . . , . I . ' . - .;

, . , . I ' . I . . . - - . , . I . , , I . .. . . I r . . . : .J '., , . . , , . 7 I . ; , - 1 , : . ' t . . . . , . ' , ' , . , , . , 3' ' ' I - , , t I, . , . ' . . - ' t 7 : . ' . ' 4 ' ,l , ' ' I

SECTIONS , . .

23-A. ~ i i c t i o n of person in unauthorised occupation of property ,

23-B..Burden.of proof and ~ n d t r h e n t of Limitation Act, 1963 in its application to , , proceedings under section 23.

-' ~ A P T I $ R 1'11

. . ' 25. ~Krtnt of resubable land . , - .

* 26. Rights of the lzkdlord and the tenant to apply . . 27. ~e&mi&tion df resh&blc and nol-rkumablc.jand '

. I . , . . . . . , . , .

, . 28.' comp6n~stion for non-reshmablc lands . . + . . . . ,, 29. Certificate ,in respcit of,resumablo and non-resumable lands - . . . . , ,

' ' 3 0 , ~ ~ e n a n t to bkbrnc rai& aodhr>covery of cdmpcnsatiai : . . . -. . , . + 3 1: Peisons ehtitld to rccctvc compensa~ian

' . ' . .

. 7 . - . . . ' . - :32. ~artiiicate to be ionclusive ptoof . , ' , 33. R9nt:for noi-rcsumable land to whom payable

'

' I ' , . , , -

, : 34. Tenants right I;, co~t inue .on resumable lands , .

q+A. , , - C ~ D ' ~ U B & , _ - . - offailuicoflaed-lord . . to 's~ply .~dersoct ion 26 " - I . , . 35:~'Eail~re bf both landlord , . 'md fcnant'?o,apply ulidci Ation 26 . , . , . . .

.. . - FA; ~i~h~-?fte&&t .until:&onclusion of praeecdipgi under I < this chaptei . ' , *. . .. . '. 36.,lZ&?vd i f doYbti b ,' . , . . , . , .

- . ' + 3 & ~ . . ~ e n a i t to bcco& raipt in re&cf of tho w,iole oldthe land in ceriaih c a e r ' . ,, : .+ . .

, . . , - - , - , , ' ' . . .* , ' ' 37-A. &ling $rea ' . , - . I 8 ' - . . - . I ' . . .. .

3743. Persons not ctitilted to hold land in txa&s'of,ccilingarta. , .; - : , . + .. - * ' . , .

' 1 1 - 38. ~ x e m ~ t i o h from:&iling .. , . .. . , ,

( ' . I . . . - 1 ' .

. a

99..lrlncipler .. . for d&i&ningthc . I . . ailing . aka ' ' . . . . .... . . , 40. prohibition of transfer aid. partition' bf land mstri~tio.ll. , , b f E U ~ & 'for sp,?ad . . ' : " * ,

3 , , . performance Of cuntiacts. ' . . . . . 0 . . . ' ' I . . I . . ,. . I . . . . I - . . . I ' I . . ' , a ~ - ~ : : . ~ ~ b m i s i i o n df returns " : ' . . . . . . . . . .. . . , . . . 1 . . * " .

, . , 1'- . ! '. . . .

.. SFCTIQNJ ' ,

40-B. Submission of rerums in special cases '

41. Responsibility for submitting returns . . .

42. Failure to submit return to entail forfeiture of claim '

43. Prepartion and publication of draft statement showing ceiling' and s~lrpli~s Ian& , . . ,

44. Final statement of ceiling knd surplus lands . .. , 44-A. DecIaration under section 57-A 40 be produced byfore finalisation of statwent , 45. Surplus lands to vest in ~bvernment ' , , , . , . 45-A. Delivery of possession of surplq lands . h ' , ,

45-B. Lands cscapings cjiling proceedings to vest along with surplus lands' already , , . ,

' vested. , .

, '46. Assewmcnt ROIL to be preiared . . . . , 47. Principles to dettrmtne m o u n t . . . . .' .

. 48,.,~r&aration and publicatibn of draft ~sswstiient, ~ o l l , , . . 49. Final Aisessmeat]Roll . - . . .

. SO.~a~mekofamaunt , : , , .. . , , . . . . 51. ~ettle&nt'of su&s . Innd~ .

I : . . . , . 32: &ljing on f u t v aquiritioas . ' '

* . 4 .

. CHAPTER V -

A D ~ ~ ~ N V T R A T I $ E MACHINERY FOR :'IMPLEMENTATIOH OF LAND ': REFORMS . . . .

I .

, ,' 53. Constitution of ~and'~omrnissio~

I

' 54. Functions of-Land ~omrnlssion' ' ' , , * . 55. ~ o ~ l i i u k i o n . of . ~ i r t r i c t Executive ~ammitteckad Local ~ommittce'

, 56. Funciions 0.f thz bistrict ~xeiutive Committee + ' I . . .. - . . . ' . . 5 6 A . . C;ctificatepf . dissbiIity - . . . .

' 58-B. 'Cas~llarioa of cxtificitz o f dissbiiity and its consequences . . ' . - . * . 1 . ' . 57. ,~ro&dure tob: follo&d by eve nu: officer ' . . , . . .

57-A. i?shstitution of rribunds ao.1 dslaiatjbm-od trust to.& rzligioufi or chaiitabla ' . , ' . ..

" . trust of public nature. : . . - . . , . . L . . '57-~-~&fercn& . . . pl c@e a l carrain piivikgd raiydti by thi: c ~ ~ l k t o r '." 1 'I . . . .

. 60. Review ' . , . . , . . .. . .

,. - 61,-0rd@ to be final 1- . 62. Court-fqes I .

63. Limitation .

64. E n q u i r i ~ and procbdjngs to bz judicial p r o d i n @ 65. Execution of orders

66. Fees of legal practitioners not to form part o k costs 67. Bar of jurisdiction of ,civil . courts . 68: Penalties . 69. Delegation of power

70. Indemnity

. . . . . 71. &cutive instructions 72. Power to eater upon land

' 73. Act not to appiy t o esrt@dands ' . . . . . '74.qepeal - - . . . .

, . . . . , 75. Power to make rules. ' . . . . .

I .

- , ' - 76. Power to remove do ubts.&d ddih&t&

* . . '

'[THE ORISSA LAND REWORMS ACT, 1%0] !Received the assent of the Preside11 t on tile

17tlr October 1960, first publishetl irl crtl extr~ordinary issue of fhe Orissa

Gazette, dared ihe 11111 ffovernber 19601

-qN ACT TO REFOKM THE LAW RELATING TO LAND TENURES AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH

OR INCIDENTAL THERETO

WHEREAS it IS necessary to enact a progressive legislation relating to agrarian reforms and land tenures consequent on the gradual abolition of inter- mediary interest;

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

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

CHAFIER I

1. (1) This Act may be called the Orissa Land shorl titte, Reforms Act, 1960. cxtent and armmence

(2) Tt extends to the whole of the State of Orissa. (3) D shall come into force2 in whole or in part,

on such date or dates as he Governme~lt may from time - to time by notification appoirlt; and different dates may - be appointed for different provisions of this Act. -- .. ... ---- ----

I . For State~nnnr of O h ~ ~ l s and Rcasons rcc Oris.ro Gazerrc, Extraordi- narx, dated the 6th Fcbruarh, 19hO (No. 142) and ior the R t p o r ~ or % l e t Committee see tbid.. dalcd thc 26th Fcbruary ;960 (NO. 240).

2. Came inlo Force with effect from lhc 1st Ociober, 1965 excepting Chepltrr 111 nnd IV viilu Notifiwtic~n No. 63382-Re-60/65-R., dated rhr 25th September, 19hZ. published in Ori.rsa Garelre, Exlrnordin~ry, datrtl thc 25th September 1965 (No. 1501).

Chnptcr ti1 camc into rorcc with tNcc1 from thc 9th Deecmllcr,l965 vide Notification No. 78619-R. E. 78165.R.. dated rhe 8th Dcccn~bcr, 1965, published in Orisslr Gazette. Extraordin~ry. duted the 5th Dt-ccmbcr. 1965 (Nu- 1807).

Chapter IV came into force with effect frunl l i ie 7th January, 1972, vjda Notification No. 88172.916-R., datcd the 5th January, 1972, published in Orisxu Gazerre, E~tranrdiner~. dated the 6th January, 1972 mo. 33).

254 THE ORISSA LAND REFORMS ACT, 1960 [ Or. Act 9

DcEdiona 2. In this Act, unless there is anything repugnant in the subject or context :-

( I ) c'agriculture" includes the raising of crops, grass or garden produce, horticulture, dairy farming, breeding and keeping of live-stock and use of land as pasture or for forest or for any other purpose where such use is ancillary to agriculture';

(21 1 + *

(3) ''Armed Forces" means the Military,Naval or Air force of the UKIion ;

(4) "basic holding " means an area of Iand measuring '[two] standard acres ;

>[(5) "ceiling area" mmns the extent of land which a raiyat or landholder shall be entitled to huId under section 37-A;]

'[(5-a) "classes of land" means- Class -1-Irrigated land in which two or more

crops (i) were, in my year within a period of three years before the commencement of the Or issa Land Reforms (Amendment) Act, Zizt';, 1973., grown or(@ can be grown in a year. ,f 1w3.

Class I1 ---Irrigated Iand in which not more than one crop (i) was, in any year within a period of k e e years before the &rnmencemmt of the Orissa Land Reforms (Amendment) Act, ,ident'r 1973, grown or (ii)'cstn be grown in a year. A C ~ NO. 17

' of'W3. Class HI-Land, bther- than. irrigated land, in which paddy(i) was, in any ymr within a priod of three years before the commencement of >he Or issa Land Reforms (Amend- NWL meat) Act. 1973, grown or (ii) can be grown :;fi.331T in a year.,

Class IV-Any other Iand. ExpIunution -For the purposes of this clause

tanks, cocoanut gardens and orchsds

1. Omitttd by the Orissa h d Reforms (Amendment) Act, 1965 {Or.llct I3 of 1965), s. 2 {t).- .

Z Sublituted by W., s. 2 (fq. 3. Substitdd by the Otissa Land Reforms (Amendment Act, i974

/Or. Act 9 1974), a. 2 (a), read with Presidmt's Act No. 17 of $73 d o n d from the 2nd October 1973.

. - . 4.Substii~ted by ibld, s. 2 6).

(except orchards growing banana), shall be deemed to be Class ZIT land;]

(6) "Collector" means the Collector of a district or any other officer appointed by the Governmen1 to discharge a11 or any of the functions of ColIector under ?his Act:

(7)" commencement of the Act" in relation to any provision means the date specified in respect of that provision in a notification under sub-section (3) of section I;

(8) "District Executive cornmi t tee" means the Committee constituted under section 55;

'[(9-u)"fair .and equitable rent". in respect of any land means cash rent payable by raiyats for similar lands with similar advantages in the vicinity ;

(9-b) "fair rent" in respect of one acre of Class I, Class 11, Class I11 or Class IV land means respectively eight, six,, four or two standard maunds af paddy or the cash equivalent thereof ;

3[Explanation I]-The cash equivalent of paddy shall be . calculated on the basis of the market value of paddy as may be declared every year with respect to different areas by Government by notification in that behalf;]

' [Explattotion 11-For the purposes. of conversion, one maund shall b6 equal to 37.3242 kilograms.) . .

(10)" Government" means the State Government of Orissa;

(12) .'!holding!' means a parcel or parcels of land forming lhe subject of a scparate tenancy ; . ,

1. Omitted by the Orissa Land Rtfoms (Amenamtnt) ACI, 1965 (Or. Act 13 of 196S), s. 2 (v).

3. ~ e n u m k c d by the Orissa Land Reforms {SWnd Amendmeat) Act, 1976 (Or. Act 44 of 19761, a.2.

'r(i2) ''home-stead" means any land, whether or not rsorded as such, ordinarilq used as house-site, ancillary or incidental to agriculture;

?[(23) "irrigated land" means land which is assured of irrigation from an irrigation project constructed or maintained or improved or controlled by the Central Government or the State Government or by a body cor- pvrate established under any law for the time being in force and includes land which is assured of irrigation from any private source by means of [**I lift irrigation from any perennial water source opemted by diesel or electric power, but does not incrude continually water-logged lands or sahd-cast lands ;] , ' -

'UJ4) "land" means land of djfferent classesu used or ~apable of being used for agricultural purposes and includes home-stead;]

(15) "Land Commission" means tlle Land Co- mmission constituted by the Government ., under 'section 53; ,:- I

. , (16) "Land holder" means aH holders or ownerr

of interest in land between'the raiyat and the State and a Proprietor,, Sub-proprietor,

. Malguzar, Thikadar, Gauntia, Tenure- holder, Under-tenure-holder and includes anInaadar. Jagirqlar, Zamihdar, IUaquadar, ~harposhdar, Pa rkanadar, Sarbarakar and Msufidar; , . -

(17) "Landtord" means a $erson immediatdy under .whom landjs .held by a aiyat or a tenant ; - .

Exp/anarion J-A raiyat or a:.tenaut shaIl be deemed to be a landord in relation to the tenant or tenants immediately under him;

-- --. .-...- 1. Substituted by

Erplonarion 11- Government shall be deemed to be the landlord in respect of the lands held directly under them either by a raiyat or a temporary lessee or a tenant;

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

'[(18-a) "local committee" means the local wrnrnittee constituted under section 553

(19) "minor" means a person who has not attained rhe age of majority under the

9 of 1875 Indian Majority Act, 1875 ; '

3[(21) "person under disability" means : - (a) a widow, or an unmarried woman or a

woman, who i s divorced or separated from her husband by a ,decree or order 'of a Court or under any custom or usage having the force of law; or

(b) a minor ; or

(c) a person incapable of cultivating land- by reason of sox8 mental or physical disa-

. bility; or

(d) P serving member of the Armed Forces; or 4 [(el a raiyat the total extent of whose lands

held in any capacity whatsoever does not exceed thiee standard acres; or]

( f ) a raiyat the total extent of whose lands held in any capacity whatsoever' for personal cultivation after the disposal of proceedings, if any, under Chapater ILI "does not exceed three standard acres]:

I . Inserted by the O r i ~ a Land Reforms (Second Amendment) Act, 1975 (Or. Act 29 of 19761, s.2 (b).

2. Omitted by the Orissa Land Reforms (Amendment) Act, 1965 (Or. Act 13 of 1965), s.-2 (x).

I.

3. Subituted k~y iybid., s. 2 (xi).

4. Substitulcd by the Orissa Land Beforms (Sccond Amendment) Act, 1975 (Or. Acl 29 of. 19761, s. 2(c) (Or

5. Substituted by ibfd; s. 2 (c) ((ii).

THE OKISSA LAND REF~RMS ACT, 1960 [ Or. Act 16 ~ Provided that in the case of a person

covered by any of the sub-clause (a), (b) or (c) a certificate has been obtained in accordance with the provisions of this Act to the effect that such person is incapable of cultivating the land personally;

l ~ r o v i d e d further that a certificate as aforesaid shall not be granted to a person who is subject to any physical disability if he has any source of income (other than - land ) as may be prescribed; J

Explanation-Tn computing the extent of lands ; for- the. purposes of sub-clause (e) or Cf) ;- l ads covered by homestead, or orchards - : and tanks shall not be taken into account;] -.

(22) "personal cultivation" with its gramatical variations and cognate expressions means to cultivate on one's own account- (a) by one's own labour; or (b) by the labour of any member of one's

family; or (c) by servants or hired labour on wages,

1 payable in caah or in kind, but not in crop-ahare, under one's personal superviaion or the personal supervision of any member of one's family;

'[Explanation-'family' in relation to an individual, means the individual, the husband or wife, as the case may be, of such individual and their children, whether minor or major;

(23) "prescribed" means prescribed - by rules made by the Government under this Act;

3[(24) *'Privileged raiyat" means- (a) a co-o&tive society registered or deemed

to be registered under the Orisaa Co- operative Societies Act, 1962 and includes

2 of 1963. 1. Insem$ by the Orissa Land Reforms (Seoond Amendment) Act, 1975

(Or. Act 29 ,of 1976),s.2 (c) (iii).

3. subbiItutntcd by tho Or iw Land Rerorms (AmeildmW) Act, 1974 @r. Act 9 of 19741, s. 2 (dl, read w ~ t b PradIdmt's Act No. 17 d 1973, dorod from 2nd Oaobtr, 1973.

(Sec. 2-contd.) a land development bank and the State Land Development Bank as defined in that Act;

(b) "Lord Jagannath" at Puri and His Temple within the meaning of the Shri

Orissa ~ c t 11 Jagannath Temple Act, 1955; of 1955.

(c) any trust or other institution declared under this Act to have been a privileged raiyat prior to the commencement of the

President's . Orissa Land Reforms {Amendment) Act, A C ~ NO: 17 1973; of 1973.

(d) any trust or other institution whose estate has been declared to be a trust estate by a competent authority under the Orissa

on'^ A& L Estates Abolition Act, 1951 ; QP 1952.

(e) any other trust uhich is declared to be a religious or charitable trust of a public

- nature by the Tribunal constituted under section 57-A; and

(f) any public financial institution;] '[(25) "Public financia1 institution" means-

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

, (ii) the State BankofIndia constitutedunder 23 of 1955 the State Bank of India Act, 1955;

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

, . (ivJ a corresponding new hank within the meaning of the Banking Companies (Acquisition and Transfer of Underta-

‘- 5 of 1970 kings) Act, 1970; ( v ) the Agricultural Refinance Corporation

estaMished under the Agricultural Re- 10 of 1963 finance Corporation Act, 1963;

( v i ) the Industrial Development Bank of India established under the Industrial Develop-

18 of 1964 I : ment Back of India Act, -1964; .

i.Insened by the Orissa t a n d Refoms (Amendment) Act, 1974 (Or. Act 9 of 1974). s. 2 (e) read with Prtsident's Act No. 17 of 1973 enforced fmm . 2nd October, 1973, This clause was previously omittcd by the Or* h d Rdb?ms ( d d m e n t ) Act, 1965 (Or. Act 13 of 1965). 5. 2 (xiii). ,

THE ORISA LAND REFORMS ACT, 1960 [Or. Act 16 (Sec. 2 conrd.)

(vi i) the Industrial Finance Corporation of India established under the Industrial l5 lg4' Finance Corporation Act, 1948; and .

(piill the Orissa State Financial Corporation established under the State Financial Car- 63 lg51 porations Act, I951 ;I

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

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

(28) "Revenue Officer" means any officer appointed as such by Govenment to discharge any of the functions of a Revenue Officer under the provisions of this Act .

9

'C129) "scheduled bank" means a bank included for the time being in the Second Schedule of the Reserve Bank of India Act, 1934;j 1934

'[(30) '%tandard acre" means the unit of meas- urement of land .equivalent to one acre of Class I land, one and one-half acre of Class TI land, three .acres of Class 111 land or four and one-half acres of Class XV land ;

Explanation-Fox the purposes of conversion, one acre shall bc equal to 0,4047 hectare;]

(31) 4'tenant'' means a person 'who has no rights in the land of another but under the system generally known as Bhag, Sanja or Kata or such similar expression or under any other system, law, contract, custom or usage personally cultivate such land on payment of rent in cash or i n kind or in both or cn condition of delivery to that person,--

1. Inserted by the Orissa Land Reforms (~keodment) Act, 197A(Or. Act . 9 of 1974), s. 2([), read with President's Acl Np. 17 of. 1973 cnforwd from

2nd October 1973- Thaclause was omiIld :by the Orirsa Land Rcformo (Amendmet) Act, 1965 (Or. Act 13 of 1965). s. 2 (xiv).

2. Subrtituted by ibid., s. 2 (g). I

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

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

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

. .(a produce or its est ha t ed value partly in any of the ways described above and partly in another;

(32) "vested esfato", "date o'f vesting" and similar ocher expressions refer to an estate

Orissa Act I which has vested in the state of Orissa under OF 1952. the Orissa -Estates Abolition Act, 1951;

' + ' (33) "year" means the ogricuIpra1 year cornme- .ncing on the'[l s t day . . of April];

(34) words ana expressions used in-this Act bui - not defined shall have the ssme.meaning as assigned to them in the Tenancy Acts,..

! Laws, Rules, Regulations, customs or usage . in force in .any part of the- State of Orissa

40~1882 and the Transfer of Property Act, 1882'as I the cas~l-may be. , -

i 3. Saie as otherwise provided. ' the provisions of

this Act shall have effeectt,,ngtwithstanding anything to other laws. thk contrary in any other law, custom or usage or agreement,decrmor order of Court.

CHAPTER I1 RAIYATS AND TENANTS . .

4. (1) The following persons shall be deemed to be wtp taiyats for the purposes of this Act in respeq of the lands held by them, namo1y:-

(a) persons holding laid; immediatly before . . the commencement of this Act or at any time thereafter with rights of- occupancy under or within . the meaning af any lsrw for the time being in force;

. (b) a raiyat in the districts of Angul and m o m . oris~a ndmals 'within the meaning of the Ap@ . , Regulations 4 and 5-of ' I ; Laws Regulation, 1936' and the Khondmal : 1936. ' j Laws Regulstion, 1'936 respectively;

1. Substituted by, the Orirsa Land Reforms -(Amoridme@) Act, 1965 (Or. Act 13 of 1965). s.%xvi) To! ?'first day of Briisakh of thq Orrya year".

(24hw-18) .

262 THE ORISSA LAND REFORMS ACT, 1960 [Or. Act 16

(c) a raiyat in a raiyatwari village in the Samb- alpur or Bargarh subdivision of the district of SambaIpur within the meaning of Centr- CP.AC~ It a1 Provinces Land :Revenue Act, 188 1 ; Of lsa1#

(d) a person who, under an inarndar of an jnam which is not an estate within the

Act meaning of the Madras Estates Land I 0f19)8 Act, 1908 whether or not such inam bas vested in the state, iu the distric!~ of Ganjam and Koraput or the subdivision of Balliguda holds land in such inam with heritable and transferable rights

.therein;

(e) the holder of a raiyatwari patta under the raiyatwari settlement in the distircts of Ganjain- and Koraput and in Balliguda subdivision of Baudh district;

. . (f3 a person with ,whom land has been settled for agricultural. purposes after the c o r n -

- encemefit of this 'Act ., under a lease from a land-holder, or under a permanent lease from Government;

' ,. (g) persons entitled to acquire rights of Occup- ancy under ,clauses (g) and '(h) of section 7

. . of the Orissa Merged States (Laws) Act, OriwaAcr . 1950; 4 of 1950.

'[(h) subject to the provisions of sub-sections (Z), (3) and (41, persons who are temporary lessees in personaI~cultivation of lands in

- , the vested estates held under Government for agricultural purposes, persons who are In personal. cultivation of such lands held either mediately or immediately under sua temporary lessees and the successor-in-interest of any such persons:]

. Provided that nothing in this clause shall apply to char or diara lands or lands held under the custom of Utabandi or similar a@er customs :' .

2 ' * I * * tr

1. 3ubstitulCd by Ihe Ori!sa Land Reforms (Amcndrnent)Act, 1975 (Or. a Act29 of 1976). s, 3(0) (i).

2. Omitted by the OrIssa Land Reforn~s (Am~dmcnt) Act, 1965 (Or. . Act 13 d 1963, s. 3 (i)(a).

(i) '[subject to the provisions of sub-sections ( 5 ) to (8) persons who are * * 1 in personal cultivation of any land and recorded as sub-tenan1 s or under-raiya ts In

: respect of such land in the record-of-rights under any law In force in any part of 1 he State '[ and their successors-in-in~el'est : ]

'[Provided that nothing in lhis clause shall apply to perso~ts who are recorded as sub-tenants or under-ra iyat s after t~le 30th day of September, 1965 or to their successors-in-interest if the land in respect of which they have been so recorded belo~~gs to a person under disability or to a pi-ivileged raiyat. ]

'1 (2) The Revenue Officer, on an applic~lion in that behalf in the prescribed form and ma uner by a person referred to in clause (h) of sub-section (1) made not latter than ninety days fr,orl: the commencement of this Act or within such further period not exceeding thirty, days as such officer in his descretion allows, may after such enquiry as may be necessary. by order , declare that such person shall be a raiyat holding immediately under Government in resspect of the land held as specified in the said clause 6[with effect from the beginning of the year nest following the date of the order: ]

'[ Provided that any ,such person as aforesaid, who has failed to makean appIication within the said period, may make such application within ninety days from the date of commencement of the Orissa Land

Or.Act 8 Reforms (Amendment) Act, 1966 : of 1967. -

I . Inserted by the Orisa Land Reforms (Amendment) Act, 1965 (Or. Act 13 or 1965), s. 3(i) (b).

2. Deleted by the Orissa land Reforms ( Second Amendmrnt ) Act, 1975 ( Or. Act 29 of 1976 ), 5. 3( a ) ( li ) (I ).

3. Ad:'ed bv ibid., s. 3 [ a ) ( ii ) ( 2).

4. Imr ted by ibid., s. 3 (a) (ili).

5. Substituted by the On- Lend Reforms (Amendment) Act, 1965

(Or. Act I 3 of 1965), s. 3 (ii). 6. Added by the Orism Land Reforms (%cad Amendment) Act, 1975

(Or-lpct 29 of 1976), s. 3 (6) (i).

7.1na;tcd by the Orissa Land ReCorms (Amendment) Act. 1966 (Or. Aet 8 or 1967). s. 2 (i].

264 THE ORISSA LAND REFORMS ACT, 1960 [Or. Act 16

(Sec. 4 -con td.) I ( Provided further that any such person as

aforesaid who has failed to make an application within any of the pzriods specified in this sub-section may make such application within a period of lwo president's

years k r n the commencement of the Orissa Land :;:g- l7 Reforms (Amendment) Act, 1973 :] 1

Provided further that any such application made after lhe expiry o f the period specified in this sub- seclion and before the afoyesaid date shall, for all purposes, be treated as an application filed within the period of limitation: 3

' [Provided further that an application nnder this sub-section may, if it relates to any land situate in an estate vested in the Government after the 30th day of September, 1965, be field within two years from the date of commencement of the Orissa Land

. . *Reforms ( Second Amendment ) ,Act, 1975 or the date of vesting of the estate,, whichever is later. ]

(3) while making an order under sub-sectiofi (2) the Revenue Officer shall determine the premium in respect of tbe raiyati right to be so acquired to be paid to Government which shall be an amount calculated at the rate of eight hundred rupees per standard acre of the land.

(4) The premium determined under sub-sect ion (3) shalI be payable in five equal annual instalments on such dates as may be fued by the Revenue O E a r and the amount of premium or any portion thereof remaining unpaid shall be recoverable as arrears of land revenue. ]

(5) The- Revenue Officer, on an application in that behalf in the prescribed form and manner 4[ by the sub-tenant or under-raiyat or the successor- in-interest ], as the case may be, referred to in clause (i) of sub-section (1) made not later than -ninety days from the commencement of this' Act or within such

1. Inserted by the G r i m Land Reforms (Amendment) Act, 1974 (Or. Act 9 of 19741, s. 3 (abtnforad from the b d ~ d d b e r 1973.

2. Inserted by the Orissa Land - Relorms tS:cond Amendment ) Act. 1975 (Or. Act 29 of 19761, s. 3 (6) (to .

3- ~ubc~{~uted by t[:c Ciic:a Land Reforms (Second Amendment] Act, 19?5, (Or. Act 29 uf I976), s. 3 (c).

4. Substiluted by ibid., s. 3(,I)(i)

further period not exceeding thirty days as such officer in his discretion allows, may, after such enqrllry as may be necessary, by order declare such sub-tenant ar under-raiyat '[or successor-in-interest to be a raiy at in'respect of the land referred to in the said clause with effect from the beginning of the year next following the date of the order 1 :

1: Provided that any such sub-tenant or under-raiyat who has failed to make an application within the said period, may 'make such application within nineiy days from the date of commencement of

Or- 1967. ' the Orissa Land Reforms (Amendment) Act, 1966: provided further that any such sub-tenant or

under-raiyat who has failed to make such applicaiion within any of the periods speciqed in this sub-section may make an application within a period of two years

-&,, from the commencement of the Orissa Land Reforms 26x0: 17 ( Aaendment )Act, 1973 1:

Provided further that any such application made after the errpify of the *period specifid in this sub- section and before the aforesaid date svall, for all purposes be treatedas an application fled within the period of limitation 3:

' [ Rovided further that an application under this sub-section may be made,-

(a) in the case of sub-tenants and under-raiyats who have. been recorded in the record-of-

. rights on or after. the 1st day of October, 1965, within two years from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, I 975 or the date of final publication of the record-of-rights, whichever is Iater ; and

1. Substituted b.v thc Orissa Land Rerotrun (Sccond Amendment) Act, 1975 (Or. Act 29 of 1976)., s 3 (6) (il).

2. Iascrted by rhe Orissa Land Reforms CAmcndment) Act, 1966 (Or. Act 8 of 1967), s. 2(ii).

3. Inserted by I ha Orissa Land Rcfcrms (Arnendnlcnt) Act, 1974 (Or. Act 9 of1?974), s, 3(b), read with President's Act No. 17 of 1973, enmt into force, w.e.f. 2nd October 1973.

4. Inserted by the Orissa h r t d Reforms (Second Amendment) Acl, 1975 (Or. Act 29 or 19761, S. 3 (d) (iii).

266 THE ORISSA LAND REFORMS ACT, 1960 [ Or. Act I6

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

(6) While making an order under sub-section (5), the Revenue Officer shall determine the compensation in respect of the land wbich shall be an amount calcu- Iated at the rate of eight hundred rupFes per standard acre of the land, to be paid by such sub-tenant, under- raiyat or successor-in-interest to the person or persons (not being the Government or land ho1der)mcdiateIy or immediately under whom the land was being held prior to the-. conferment qf the raiyati right, in 'proportion to the .rent that each was recsiving in respect thereof and the Revenue. Officer shall also apportion the compensation between the persons entitled thereto.

(7) The compensation determind under sub- sectiorz (6)shaIl be payable in t he prescribed manner in five equal annual instalments on such dates as may be fixed by the Revenue Officer.

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

(8-a) The rights of all persons entitled to receive compensation in accordance with su b-section (6) shalr atand extinguished with effect from-the date of conferment of raiyati right under sub-section (5) and the sub-tenant, under-raiyat or the successor-in-interest, as the case may be, shall be Uableto pay fair and equitable rent t o be determined by the Revenue Officer In the prescribed manner to the Government or the person, as+the case may be, immediately under whom the land is held consequent on such extinguishment.

(8-b) The Revenue Officer may also on his own motion, within rhe period allowed for making an appGcat ion under su b-sect ion (2) or under sub-section (3, take allsuch action and in such manner as is provided in sub-aections (2) to (8-0) for declaring the persons or their auccemora -in-interest, as the case may

I. Substituted by the O r i u m d Rdornt~ ( W n d Amendment) Act, 1975 tar. Acr 29 of 1976). s. 3tt).

be, referred to in clauses (h) and (i) of sub-section (1) to be raiyats and the provisions contained in sub- sections (2) to (8-a) shall, so far as may be, apply to proceedings under this su b-section.]

(9) With effect from the date of commencement of this Act no land lord shall be entitled to recover from his raiyat more than a fair and equitable rent and where in any case rent is paid in kind the Revenue Officec on application of either of the parties interested shall determine the fair and equitabIe rent in the prescribed manner and pending such determination the rent payble shall not exceed one-eighth of the gross produce or the equivalent tbereof.1

5. For removal of doubts it is hereby declared Existin r$Ms oc g that, save as otherwise provided in this Act either expre- raiyats not to d y or by nseesar y implication, the rights in Iand in any be affstcd. area held by a person who is a raiyat within the meaning of this Act shall be in addition to and not in derogati- on of his rights if any, in respect of such land under any other law relating to land tenures including any law relating to landlord and tenants or custom or usage for the time being in force in such area and applicable . to such raiyat.

6.(1) The rights of a raiyat in any land held by^: 1 a h t 4 of him as such shaI1 be-permanent. heritable and trans- E! ferable. t i p a or ._--- lettmg.

(2) ~otwi ths tandin~ anything in sub-section ( I ) but subject to the provisions of sub-section (3) a transfer after the commencement of this Act by way of a lease of any land held by a raiyaf shall be void and inoperative.

(3) It shall be lawful for a raiyat who is a person under disability or is a privi1ege.d raiyat to lease out his lands to any tenant.

d 1 f6-A. ( I ) Notwithstanding anything containe Tempora r y in sub-section ( I ) of section 6, but subject to the&;:, , provisions of sub-section (3) thereof, any transfer by land iiettled araiyat of anyland which has been settled with him~'fovcm' for agricultural, purposes under a permanent lease from

I. Inssrtd by, the Orha Land Rclvrm~ (Amendment Act. 1974 , 1 dm. ~ c t 9 or f 9741, 1.4, rtad with W d e n t ' s Act No. 17 d 973, d o & i c m ?ntn~ctober 1973. . ,

THE ORISSA LAND REFORMS ACT, 1960 [ Or. -Act 16

Government shall, if such transfer ia made within ' [a period of ten years ] from the date of such settlement without obtaining the previous permission in writing of the Revenue Oflicer, be void.

(2) No right, title or interest held by a raiyat 'in any such Iand as aforesaid shall, unless permission in writing is accorded by the Revenue Officer to that effect, be attached and sold in execution of a money decree passed against such raiyat.

(3) Not withstanding anything contained in any other law for the time being in force, where any document requ'ired to be registered under the provisions of clause (a) to clause (e) of sub-section ( I ) of section 17 of the Registration Act, 1908 purports to transfer any 16 or 190s . such Iand within the period specified in sub-section ( I ) , no registering officer appointed under that Act shall register any such document unless such document is accompanied by the written perniission of the Rev- enue OEcer for such ~ansfer. '

(4) Nothingin sub-section ( I ) or sub-section (3) shall apply to any transfer . by way qf mortgage executed in favour of any scheduled bank or in favour of any bank to which the Orissa Co-operatiye Societies Act, I962 applies and nothing in sub-seotion (2) shall g&p apply to a money decree obtained by any such bank. ]

N ~ n ~ r m f c r - 7.2[i1)Theriphtsofatenantinanylilnd heldby ab''iLy and him as such shall be heritable, but shall not be wing of the rights and transferable.] l i a b i l i t i ~ 01 tenants. 3[(Z) Save as otherwise provided in this Act-

(a) no tenant in lawful cultivation of any Iand at thecommencement of the Orissa Land' Reforms (Amendment) Act, 1973 or at any President'# time thereafter sball be liable to be evicted Act&. 17 from such land by the landlord; 3f 1973.

(b) no such tenant shall be bound to pay rent. at a rate higher than the rate s p e c ~ e d in , section 1.3; and

-

1. Substituted by the O r i s s a h d Reforms (Second Amandmerit) Acl, 1975 (Or. Act 29 o f 1976), s. 4.

2. Substituted by thc Orissa Land Reforms (Second' Amendment) Act, 1975 (Or. Act 29 of l976), 5.5.

3. ~bbstitutcd by Lhc Ori* Land Reforms (Amendment) Act, 1974 (Or. Act 9 of 1974). s.5. rcad with President's Act No. 17 of iy73, d o r o d - ' from 2nd October 1973.

hear d n t's ~ c t No. I7 of 3471.

(c) the rights, benefits, protection, privileges, obligations or liabilifies of any tenant in lawful cultivation of any land at the commencement of the Orissa Land Reforms (Amendment) Act, 1973 a s were existing imnledlately prior to such comlnencement shall not be liable to be modified or extinguished in any manner whatsoever. 1

8. (1)Subject to other provisions of this Act and E Y is 1 i 0 . notwithstanding any contract, custom or usage or of raiyab. decree or order of any Court, a raiyat s h d be liable to eviction only if he-

(a) has used the land comprised in his holding in a manner which repders it unfit for the purposes of agriculture, or

(b) hai leased out the land in contravent ion of the provisions of section 6 or has faiIed to cultivate the Iand personally, or

(c) has used th'e Iand '-for, any k o s e other \ than agriculture. . . ! i ~xplanation- he construction of a house. for thb

l e s f d n ~ of the raiyat and his. family. members tag~ther with all necessary, outhouses shall ,be deqmed to be for agricultural - purposes. 1' (2) A raiyat liable to eviction under sub-section ( I shall be entitled to three months' nwtice in writing frpm the landlofd intimating his intebtion to so evict apd the grounds therefor:

I

i Provided that such , eviction on the grounds Specified in .clause (a) of sub- section ( I ) , ~11.811 not take ieffect unless the raiyat, within a period of one year

!' from the date of service of such notice, fails to restore ,! the land to a condition fit for agriculture.

I 9. (1) Every person who is a raiyat or a tenant in b w 11 i n E respect of any land but has no permanent and h i - housa!i of raiyats and

: tabIe 'rights in respect of any site on' which his dwelting tutants. house or farm house stands shall with effect from, the commencement of this Act be deemed to be a raiyat in respect of the whole ofsuch site ora portion thereof riot exceeding one-fifth of an acre wh-ichever is less if he or his predecessor-in-interest has- '

@I:' obtained permission, express or implied, from the person having permanent . . . and

THE ORISSA LAND REFORMS ACT, 1960 [ Or. Act 16

(Sec. 9-colt td.) heritable rights in the site and having right to accord permission for the constructioo of such house; and

(b ) built such house at his own expense. Explanation- ( i ) ' x X X

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

'(iii) Trees standing on the iand SO determined shall belong to such person.

(i13 Right of way and other easementary rights necessary for t be enjoyment of the aforesaid land. shall .attach thereto.] . ,

. ' [ ( I -A) The Revenue. Officer, on an application made in this behalf by the person refered 'to in s u b sect,ion (I) , i~ the prescrihdformandmannerand within the prescribed period, may, after such inquiry as may be necessary, issue a certificate in t he prescribed form to such person to the effect -that he has- become a raiyat in respect of the whole, or, as the case may be, a portion of the site as aforesaid ,and if such wrsoq is evicted from the site at any time after the commencement of the Orissa Land Reforms (Amendme!!) mdmnt.o Act, 1973 the Revenue Officer.'. shall, b y ~ ~ t n o . r r d order, direct that possession of the-Site be delivered to 1973. , tbe said person and may take such further-steps as he may consider necessary to give .effect to the order so passed.] . . , , , ,

(2) If i mediately before i he commencement of this Act, any person had permanent and heritable rights in the site, in a capacity other than that of alandholder, the rights of all such persons shall stand extinguished an! they shall be entitled to compensation from t h e ralyat or tentant as the case may be equal to ten times. the fair and equitable rent payable for the site under - -

1.. Omlttd by the O r i y tand Reforms ( A m a d m a t ) Act, 197.4 (Or.. Ad. 9 of 19741, s. 6 (a), read wth president's Act. Nom 17 of 1973, with erect frOm the 2nd Cctober 1973. . -

2. Added by the O n ' s Land Reforms (Amendment) Act, 1p65 (Or. Ad : f 3 of 19651, s. 4.j

3. Inserted by the O r i a Laod Reforms [~m&dnwt) Act, 1974 (Or. : Act 9 of 19741, s. 6 (b), read with Pmsidont's Act No: 17 of 1973, enforced from the 2nd October, 1973.

of I960 1 THE ORISSA LAND REFORMS Act, 1960 271

sub-section (3). The classes of rights entitled to such compensation shall share it equally and each such share shall be divided equally amongst persons belonging to the class to which the share relates:

provided that nothing in this sub-section shaU have the effect of extinguish in g the rights of Govern- ment in the said site.

(3) The person who becomes 3 raiyat in respect of the site specified in sub section (3 ) shall be liable

. . to pay fair and equitable rent therefor '[to the Government or the Land-holder, as the case may be, 3 immediately under whom he holds consequent on the

. , extinguishment of rights referred to in sub-section (2) . (4) In &se of a dispute about the amount of

rent so payable or abolrt the apportionment of compensation, the Revenue Officer shalI on an application b , any person intersted filed in the manner and I / ' within e time prescribed hold such enquiry as may be hecessary and decide such dispute.

10. The provisions of section 9 shall mutatis mela, - murandis apply to the dwelling houses constructed by h a w s of

agricultural ' agricultural Iabourers and village artisails and; the sites on which such houses stand. and tk. I

I

Explanation -If such labourer or artisan or his i predecessors-in-interest had for the first time occupied the site in question when he was in the service of the person.having permanent, and heritable rights in the site and right to accord per,mission for the construction of the house, the fact :of such occupation shall be conclusive proof that ermission had in fact been so

, - accorded. , , - 1 1 . ( l ) ~ v e r ~ ' t r a n s f ~ o f t h e h o l d i n g o f a raiyat,,,,

--.or a portion or shge ther~of by way of aaIe, exchangetramfor of or gift ,shall be made by a registered instrument except :$zs Of a id the case mefitioned in sub-section (4). - . , . .:: . .

(2) The ~egisterjng Oacer shall not accept for i registration any such instrument unless the . rent of

;such holding or. a ,portion or share thereof is stated ,separately in :he instrument and unless it is accompanied by a notie' signed by the transferer and the transfereg giving particulars of' I he transfer.

l.,Suhlituted by the Oris= Land Reforms (Ammdmflt) Act, 1974 (0 r. Act 9 of 1974) a. 6[c) , read with P~idtrlt 's Act, No. 17 of 1973, snforad from the a d Oitobcr, 1973.

THE ORISS:'. LA\IJ I

(3) The Revenue Officer may take such further steps as he may consider necessary to give effect to the orders passed under sub-section (2).

13. (1) No landlord shall he entitled to recover from ~~i~~~ his tenant more than one -forth of tbe gross produce of the land or the :slue thereof or the value of one-fourth of the estimated produce as rent I[, so however that such rent shall in no event exceed the fair rent in respect of such land.]

(2) When relit is payable in kind, it shall be paid within a period of"tko months after the month in which the harvesting of the crop is compleied and at such place in the village in which the land is situated as may be specified in rhat behalf by the land-lord.

Id. ( I ) A landlord yay evict his tenant only if Grounds OF such tenant- eviction of tenant.

(a) bas used the land in a manner which renders it unfit for purposes of agriculture, or

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

., ,

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

*[ (2) Without prejudice to the provisions of s u b section (1 ) 4 [ b ~ t subject to the provisions of sub-sections(4) and ( 5 ) , ] a tenant shall cease to have the right to cultivate the land - '

(a) in any case where -the landlord is a person under disability at the .end ofthe year during which the disabiIity ceases ;and - .

1. Added by the Orissa Land Reforms (Amadmcnt) Act, 1965 (Or. Act 13 01 196s). 2. 5.

2. Omitted by ,ibibld., g. 5- 3. Subs[i!utcd by ibid., - 6. 4. InvMd by the Orisw h n d , Rcrorm [~mcndnwnt) .4et, 1976: (Or.

. Act 30 or 19761, s. 2 (a).

IkB ORISSA LAND R H F O ~ ACT, 1960 [Or Ad. 16

(b) in any case where the landlord being a privileged raiyat or a person under dis- ' abiIity, ceases to be the landlord at the end of the year during which such cessor takes place:

'[Provided; that in the case of transfer of the Iand by any such'--'landIord, the tenant shall not cease to have the right to cultivate the land until after the expiry of a period of six months from the date of service of a notice in the prescribed form by the Iandlord on the tenant intimating him the particulars of the transfer and where the said period terminates on a day prior to- the last day of a year, the cessation of-the right of tbe tenant to cultivate the land shall ,take place at the end of that year :

Provided further that where the landlord- . .

( i ) being a person under disability, ceases to be the landlord by reason of transfer of the land in favour of another person under disability, or

(ii) being a privileged raiyat referred to in su b-clause (b), (c), (d) or (e) of clause (24) of section 2, ceases- to be the Iandlord by reason of transfer of the land in favour of any parson, . . ,. - I . . I .

the knant shall not cease to have the right to cultivate, , .

tbe land, but- shall, subject to the other provisions of this section continue as- a tenant- under the transferee.

~x~lonotion-where, - a persen ceases ' to be a ,: - ' , person under disability as a -onsequence of amend- ' . ment of clause (21) of section 2 by the Orissa Iand ' Reforms ( Second Amendment ) Act, : 1975, .such cessation shall be construed as cessation of disab!lity for the purposs of clause (a).].'.- . ,

.- - . .

, , .-, . - 1. i w e d by the Orissa ~ a a d ~ t f o r m s ( e n d Amendment) - Acl, 197s.. '

(Of. Act 29 of 1976). s. 6. . - . _ - . - - , . . . , ,

(3) Where the landlord specified in clause (a) of sub-section (2) or the succeeding raiyat, if any, in pursuance of clause (b) of the said sub-section, as fie case may be, fails to resume the land for personal cultivation at the end of the year specified in the said clauses such IandIord shall be deemed to have failed to cultivate the land personally and shall be liable to eviction under the provisions of section 8.1

1 C(4) Where the hndlord, being a person un&r disability witbin the meaning of sub-clause (e) or subclause (f) of clause (21) of section 2, ceases to be a person under disability by reasoc of acquisition of additional land through inheritance, bequest,

. gift, purchase or otherwise, he shall not be entitled to awct any tenant holding any land under him, but may resume laads for personal cultivation in accordance with the provrsions contained in Chapter II1 and the tenant shan be entitled to acquisition of raiyati right in respect of the non- resumable land in accordan= with the said Chapter.

(5) For the. purposes of sub-sectio n (4) the provlslons contamed in sections 24 to 36 (both inclusive) shall, so far as may be, apply subject to the - modification that the - period of limitation in respect of an application to be made under section 26, either by the ' landlord or by the tenant,. shall be six - ~ o n t h s from the date of such acquisition of additional land.]

IS. ( I ) Any claim for recovery of arrears of rent ;ay&y& by a landlord and any 'di ute between a landford and ub MwaeD 2' P his .hiyat or tenant as t e case may be as rtgards-s;rtr=d

' , . . (a) the quantum of the rent payable, or -1.

(b). tenant's possession of ' the land ' and his rights - to the benests .under this Act, or

. . 2 [(c)-,the right of the landlord to tertninate the tenancy of a tenant under section 14 or the liability of a tenant to cease to cultivate the land under that section ; or . . 1 -

1. hef led by the Odrsa Lmd Reforms (Arnendmmt) Act, 1976 (Or- Act 30 of,1976), S. 2 (b).

2. ~ubstitufcd by the Orissa Land Reforms (Second &am() 1975 (Or. Acl, 29 of 1976), s. 7 (13 (a).

RE O ~ S S A LAND REFORMS ACT, 1960 [ @ * k t 16

(Sec. IS-conid.) b

I+[(& the existence of the relationship of landlord and tenant] ;

&all be decided by the Revenue 0Ee.r on an application to be filed2[in the presribed manner] by any party interested :

*[ Provided that an application in respect of-

(a) a claim for r&very of arrears of rent, shall be filed within one year, from' the date on which such arrear falls due ;

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

(c) a dispute referrad to in clauses (b) and (d), shall be filed within two years from the date on which the dispute arises :

Provided further that in the case of any dispute referred to in clauses ' (b) and (6) which had arisen, prior to the date of commencement of the Orissa Land R e f o p (Second Amendment) Act, 1975, an application m respect thereof may, if not fled earlier, Ix filed within one year from the said date.]

(2) On receipt of the application rinder. - sub- section- ( I ) , the Revenue Officer may, after inaking such enquip ' as 'he deems fit direct the payment of m a s of fent, if any, found dm or,. determine the,' quantum -of rent under c1a~se (a) or '[in cases under classes (b), (c) and (4 thereof] order ' the tenant by a notice served in the presdbed manner and specifying the grounds on w m the order is made, to cease to cultivate the land :

1- lInzerted by the Orissa Land Rerorms (Ameadm~i) Act, 1974 t 0 r ; ~ c t 4 of 19741, s. 7 (0) (iq, with eKmt frnm the 2nd October 1973.

2. lmrled by the.0riz-a Land Reforms (Swnd Amcndmcnt) Act, 1975 (Or. Act 29 of 1976);s. 7 ( i ) (b).

i . - , ,

- 3. ~ubstiturcd' bi-ibid.. s. '7 ( f ) ( t i ) . - . . , . . , - - A .,.,..:

, , . , 4. Substituted by- the Orisa Land Reforms (AmPndmcnt) Act; 1974 ' . .

: : . .. '

(Or. Act 9 of 1974), s. 7 (b), with effect from the 2nd W o k 1973. . , - . , .

Provided that in cases of dispute arising out of a matter mentioned in clause (c ) of sub-section ( I ) of section 14, the Revenue OEcer before ordering the tenant to cease to cultivate the land shall decide if rent had been duly offered and may allow reasonable opportunity to the tenant to pay or deliver to his landlord the rent payable.

(3) An order for eviction made by the Revenue Officer under sub-section (2) shall takeeffect on and from ihe first day of the year next foIlowing the date of such order.

(4) If any tenant on whoy a notice under sub- section (2) has be& served does not cease 10 cultivate the land the Revenue Officer may take such steps as he may deem necessary for the purpose of giving effect to his orders.

(5) If after holding enquiry under sub-section (2) the Revenue Oflicer is satisfied that the tenant was cultivating the land at the date of commencement of this Aci, or at any time .thereafter, and that he is bd ug unlawfully prevented from cultivating such land by his landlord, he may in addition to the penalty that he may imposz on the landlord under section 18, order the landlord by a notice served in the prescribed manner to allow the tenant to enter the land forth- with and to cultivate it as a tenant.

(6) If the Revenue Officer is satisfied after such further enquiry as he may deem necessary that the landlord has failed to comply with his order under subsection (a, he shall take such steps as may be necessary to put the tenant in possession of'the land.

(7) Pending final disposal of the dispute undd this sectio,n, the Revenut OEmr may pass such interim orders relating to the appointment of Receivers, for taking charge of the crops, or getting the Iands cultbated or '[restraining the landlord from inter- fering with the tenant-s cultivation of the land or for such other purposes] as he may deem necessary or expedient.

/

1. ~u'bstitutcd by thc Orissa tmd Reforms (Second Ammdmcnt 1 Act, 1975 (Or. Act 29 of 1976), s. 7 (iq. ,

278 THE ORISSA LAND REFORMS ACT, 1960 [Or. Act

Drsprrta regarding identity of tenant.

16. If any dispute arises as to t h identity of the tenants in cultivation of any Iand such dispute shall after such enquiry as may be prescribed be decided by the Revenue Oficer on his own motion or on the application of the landlord or any person claiming to be in such adtivation and the Revenue Officer may pass such order as he may deem nwsary.

ct?t or 17. (1) A tenant who makes payment on account siIe of rent to his landlord or his agent shall be entitled tenant g to a written. receipt for the rent paid by him signed E l t y for by the landlord or his agent, as the case may be. compIiarm

(2) The landlord or Gs agent shall prepare and retain .the counterfoil of the receipt so granted by him.

(3) The receipt and counterfoiI shall specify such particulars. as may be prescribed.

(4) Jf a receipt does not contain substantially the particulars required by sub-section (31, it . shall be presumed, until the contrary is proved to be a v a d discharge in full on account of rent accrued due by the date on ,which the receipt was granted.

(5) If a landlord or his agent without reasonable cause; refiiscs or neglects to deliver to a tenant a . , . . . . receipt as aforesaid, the tenant may, .within three - , - . monthsfromthedateofpayment,applytot~eRevenue , , . . . . Officer for the recovery of such c~rnp~nsatioq from- -- the landlord or his agent not exceeding -double~ the . , - - - amount or value of such' rent as the sGd-'~Ecer &. deem proper, for such loss or damage hat the tenant might have suffered :

prodded that no such application shall be maintainable if prior to the filrng of such application the r a i p t has been obtained from the landlord.

(6) If the ~evenue OBicer while passing an order under sub-s~&on (5 ) finds the landlord or his agent guilty of such refusal or neglect as aforesaid, he may impose- bn the landlord or his agent or both a penalty not exceeding a sum of rupees hundred.

(7) If a tenant after obtaining a without being entitled to such a receipt rec?t es an Or application under sub-section (5) he shall be liable to pay a penalty not exceeding a sum of one hundred ,pees according as the Revenue Officer may after such enquiry as may be necessary direct, -

(8) If the landlord or his agent without sf ic ient cause fails to comply with the provisions of sub- sections (2) and (3) the Revenue OEcer may on his .own motion or on an application by any tenant and after such enquiry as he ,deems proper impose a penalty not exceeding ' Mty rupees an thk landlord or his agent,

Explanation-For the purposes of this section a "tenant" shall include a raiyat.

18. (1) If, in contravention of any of the pro- R,ty, I visions of this Act a landlord or his agent realises landlord for I from a raiyat or tenant anything in excess of the rent zz Qy"- lawfully payable or deliverable or evicts the tenant iotermencc from the land or interferes without sufficient cause :kt.? 1 with the t e + w t 7 s .cultivaltion of the land, the Revenue posstsslon. Officer may, aizer mdcing such enquiry as he deems fit, impose pd-such landlord or his agent or b ~ t h a penalty not exceeding five hundred rupees or when double the amount or value of what has been so reliiised exceeds five hundred rupees dot exceeding double the amount or value: , . .

. .

ProPided that no landlord or his agent shall be ' liable to the penalty. prbvidcd in this sub-section for any contravention that took place prior to the .date of passing of this Act.

(2) The Revenue Officer may proceed against the landIord and his agent in the same proceeding and shall award to the raiyat or tenant by way of cumpenhtion and cost, such portion of the penalty as he th inks fit.

19. (1) N o partition of a holding among co-sharer raiyats shdl;be valid. unless made by- ' ' '

a mon8 (a) a registered instrument; or - - Kiats how

to be cff- (b) a decree of a Court;' or a

Tm ORISSA LAND REFORMS ACT, 1960 [Or. Act 16

(c) an order of the Revenue O 5 w in the manner prescribed, oo mutual agreement.

(2) When the padtion is effected as provided in clause (a) of sub-section ( 1 ) the Registering Officer

not admit for registration any instrument unless it is accompanied by a uotice in the prescribed form with the prescribed particulars and the fee prescribed for the service of such notice.

(3: The notice refcrrcd to ' in the preceding sub-section shall be transmitted to the Revenue I lfficer who shall cause it to be .served on the land1 ord or his agent named in the notice .in the manner pres- crikd. He shall also cause a - sopy cf the notice to be transmittd to the authority competent to maintain the record-of-rights.

(4) When the partition is effected as provided . in clause (b) of sub-section ( I ) , the Court passing the h a 1 decree for partition shall scnd to the Reve- nue Officer in the prescribed form and in the yres- cribed manner a detailed list of the lands allotted to oach share.

(5) The Revenue Officer :shall send a copy of the fist as aforesaid . to the authority compereit to main- taia the record-of-rights and to the landIord, where rent of the land is, not payable to Guvernment direct.

(6) When partition is 'effected in the. manner provided in clause (L) of sub-section (1) t h ~ Revenue Oficer shall send to the landlord where rent is not payable dircct to Government and to the authority competent to maintain the record-of-rights . in . . the prescribed fom a, detailed list of knds allotted ta each share. A copy of the order along witb the detailed list shall be sent by the Revenue %cer for registration under the Indian Registration ACE, 1908 to-the Sub-Registtar hahgjurisdictiqn: - ' . ~ - - r a ~ f

, -1W&

Provided that no charges for such registration shall be . payable.

m d s 1,1 20. (1) If the holding of a raiyat or a porhon B dduvion hereof is lost by diluvioo, the rent of the holding

shall, on applicdticn made by the raiyat in the prescribed manner to the Revenue Offiar, be remitted or reduced by -an amount 'as the Revenue (3E-r may consider fair and quibble. - ,

(2) The right, title and interest of the xaiyat &all subsist in such holding or portion thereof during the period of loss by diIuvioa not exceeding twenty years and subject t o the provisions of section 52 the raiyat shall on its reappearance at any time within the said period have the right to possess such land and be liable to pay such rent as in the opinion of the Revenue Officer is fair and equitable.

21. Any land gained by graduaI accretion to u n d s gained b y w d u a l any holding whether: from the recess of a river or a,,,,,,

of the sea, subject t o the provisions of section 52 may ordinarily form a part of sucll holding and the raiyat thereof shall be liable to pay such additiona~ rent as may be determined by the Reve- nue OfEcer.

22. ( j ) '[Any transfetj of a holding or part thereof Rcstricti q n by a raiyat, belonging to a Scheduled Tribe shall :7 aiF:itlg be. ,void except - where it is in-favour of- scht d u 1 ed

n ~ b t s .

(a) a person belonging to a Scheduled Tribe, or

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

Provided th! in ca'se of'a.tr&lsrer by sale the 'Revenue Officer shalP not . grant such permission unless he is, satisfied that a. purchaser belondng to a Scheduled Tribe. willing !',to pay the market price

- - for the land' is not available, and in case of a gift unless he is satisfied about the bona fides thereof.

'(2) The Government may having, regard to the law and custom applicable, to any, area prior ro the date of commencement of :this Act by not& cation direct that the'restrictions.provided in sib- section ( I ) shall not apply to lands situated in such &a or belonging to any particular tribe ~hrough- out the State or in any part of it.

1. Substituted by. the Orissa Land Reforms (Amendment) .4ct, 1965 (Or. Act I3 of 1965). s. 7{i) for "A transfer by way of sale or girt".

THE ORISSA LAND REFORMS ACT, I960 [ Or. Act 26 ~ [(3) Except with the written permission of the

Revenue Officer, no such holding shall be sold in execution of a decree to any pdon'not belonging to a scheduled Trrbe.

(44) Notwithst anding anything contained in any other law for the time being In force, where any dccu- ment required to be registered under the provisions of clause (a) to clause (e) of sub-section ( I ) of section 17 ,of the Registration Act, 1.908 purports to effect trans- 16 or 1908 fer of a holding or part therebf'by a raiyat belonging ... to a Scheduled, Tribe in favour of a person not belonging to a Scheduled Tribe, nc? registering officer , . appointed under that ~&shal1 register any such cocu- ments, udess such docu,ment ir accompanied by the written permission of the Revenue Oficer for such tracsfer.

(5) The provisions contained in subsections ( I ) to (4) shall appIy, mtrtatis mutandis, to the transfer of a holding or part thereof of a raiyat belonging to the Scheduled Castes.

(6) Nothing in this section shall apply-

(a) to any sale in execution c.f a rr: bney decree passed, or to any trat~sfer b~ way of mortzage executed, in favour of any schduled bank or in favour of any bank to which the Orissa Cc-operative Socie- ties Act, 1962 applies ; and 01 1963.

(b) to any transfer by c? . rncmber of a Scheduled Tribe within a Scheruled Area.] . . , .

Sutender abandon- Or ZC 22-A. ( I ) No surrender I o the land lord 01 ment by abi~ndofirnent of any holding.or any pait thereof by a feiyat ttnant.

Or raiyat .cr a tenant shall be valid unless such surrender or abandonment has r~een previrbusly approbed by the Revenus Ofher-

1. Subs~ituted by the Orissa Lind Rdorms (~rnendment) Act, 1974 (Or. A d 9 of 1974) s. 8. , read with President's Act No. 17 of 1973, enforced from the 2dd October 1973. Tor "40".

2 . 1 & ~ e d by the Otis* Land Reforms (Amendment) Act, 1974 (01. Act 9 of 1974). 6. 9., read wlth pestdent's Act No. 17 o f 1973. eoTorced from the 2nd October 1973.

(2) Agy raiyat or tenant desiring.to surrender or abandon his holding or any part ;he eof may hrnish informatinn.. thereof in. writing t.; the Revenue Officer. , . , .

(3) On receipt of information ur ner sub- section (2), tLe Revenue Officer may, aRer making or causing to be made such inquiry and in such manner as may be prescribed, by order, either apiiiove or disapprove the proposcd surrender . or . abandonment:

Provided that no surrender' or ' abandonment shall be disapproved udess the raiyat or tenant, as the case. may be; has been given a reasonable opportunity of being heard in the matter.'

. -

(4) where the surrender ar abaiddnrnent of any holding . or part thereof is approved by the Revenue Officer under this section, the holding or part thereof so-surrendered or abandoned shall be settled by the Government-

(i) where such surrender or abandonment was made by,a person belonging ta a Schedul-

, . ' ed Trib~;with:anotb'er -.person &longing , , 3 0 the Scheduled -Tribe ,, .or - . , , ,: :: , , . . . - - , , (fl in a *&-&re n o perso; belong& t o a

Scheduled Tribe is ,zpaifible or willing to make 'settlement under clause "(i) or in any other case, with any oilier persot1 in accordance with the priorities specified in sub- section (2) of .section 51. ' - ;- . . . . '

- .

(5) Where any rai-yat or. tenant . sjr-renders or abandons his holding or any part 1herof.witl:-out the pl.evious approval cf the Revenue Officer and the holding or part thereof so s::rrendered or abandoned is taken possession of by the landlord, then, it shall be competent for the Revenue Officer ( after giving .to the landlord an opportunity of being heard) to impose on the landlord a penalty of an amaonr not exceeding two hundred rupees per acre of the land so surrendered or abandoned for each year or any part thereof during which the possession is continued. ]

284 THE ORISSA LAND REFORMS ACT, 1960 [ Or. Act 16

(Sec. 23)

street of 23. ( 1 ) In the case of any transfer in contra- trans f C r In ,n,,,,,,ion~ention of the provisions of [ sub -section (1 ) of orscction 22-section 221 the Revenue Officer on his own informa

tion , or on the application of any person interested the land may issue notice in the pfescribed

lnanner calling upon the transferor and transferee to show cause' Why the transfer should not be declared invalid.

2 [ (2) After holding such inquiry as the Iteve- ntre OBcer deems fit and after hearing the persons interested, hz may declare such transfer to be invalid and impose -on the transferee a penalty of an amount not exceeding two hundred rupees per acre of the land so transferred for each year or a n ~ p a r t thereop

4 during which the pos@ssion is continued in pursuance of the transfer which has been declared to be invalid [and may also order such portion of the penalty as be deems fit, to be paid to the transferor or his heir ]. ]

(3) On. a declaration being made under sub- section (2) the Revenue Officer suo motu or on the application of any person ' interested cause restoration of the property to the ,transferor- or h i s heirs and for the purpose may take such steps as may be necessary for complian# with the said order or preventing any . breach-' . of peace:

[ Provided that if the ,Revenuflffi&r is of the opinion that the resiocation of the, property is not reasonably practicablg, be shall record his reasons therefor and shall, . subject to the wntrol of the Government, settle the said property with another member of a Scheduled Tribe or in the absence of my such member, with any other person in 'accordance with the provisions contained in the Orissa Govern- meat Land Settlement Act, 1962.

Explanario~l-Restoration of the property means actual delivery of possession of the property to the transferor or his heir.]

-i. Substituted by thc Orissa Land Refonns (Amendment) ~ c t , l ~ h j ( O n A c t l 3 q f 1 9 6 5 - ) . ~ 8 (0

2 ; subsbtuted by the Oriwa Land Heforms (AmmdmcoL ) ~ c t , 1974 (Or. Act 9 of 1974), s. 10 . with cffect from fhc 2nd Oclobcr 1973.

3. Added by thc Orissa Laad Reforms (Second Amendment) Act, 3976 (Or. Act 44 of 1976), s. 3 (a).

4. Substituted by ibid, s. 3 (b).

O R ~ ~ S A LAND &OW ACT, 1960 285 (.SCL'S. 233 A-23-B)

1 [lil) Where am transfer is ckclal-ed under this section to be invalid and the transferee or any other person in possession of the property has been evicted therefrom, the transferee shall not be entitled to the refund of any amont paid by him to t be transferor by way of consideration for the transfer. ]

[S-A. Where any person is found lo bt in ~ ~ i ~ ~ i ~ of unauthorised occupation of the whole or part of a personin

unauthwiscd holding of a raiyat bdonging to a Scheduled Caste or .,,at,, of a taiyat bdonging to a Scheduled Tribe within of P ~ R ~ Y * any part of the State other than a Scheduled Area, by way of trespass or otherwise, the Revenue Officer may, either on application by the owner or any person intmested therein, or on his own motion, and after giving the parties concerned an opportunity of being heard, order eviction of the person so found to be in unauthoxised occupation and shall cause restoration of the property to the said raiyat or to his heir in accordance with the provisions of sub-section (3) of section 23.1

! [ * [23-B.](1) If: in any proceedings under section Burdea of I 23, the validity of the transfer of any holding or an :zcd$d,t

part thereof is caked in question, or if such proceeli ~ i i t a t i o n iogs a1 e for the rrcovery of possession of such hdd- ti^^,^^ I ing or part thereof, the buragn of proving that t he tion to pm transfer was valid shall, notwithstanding mything under uedi ~ g a re3 contained in any other law for the time being in force, tion 23. lie on the transferee.

(2) In the Limitation Act, 1963 in its application to ~roceedings under section 23, in the Schedule, after the words "Twelve years'' occurring in the second column against article 65, the wards, brackets and iigures "but,thirty years IIL the case of immovable property belonging to a member of a Scheduled Tribe or a Schduled Caste, specified ia relation to the State of Orissa in the Constitution ( Sche- duled Tribes ) Order, 1950 of the constitution (Sche- duled Castes) Order, 1950 as the case may ' be'' shall be inserted.:]

- -- -- - - 1. Added by the On'ssa Land Reforms (Second Amendment) Act, 1976

(Or. ~ c t 44 of 1976), s. 3 (c): 2. Insrflcd by ibid.. s. 4.

3. inwrtcd by the Odm Land Rdorms (AmJdme~N) Acr, 1974 (Or. Act 9 of 19741, s. 11. w. e. r, thc 2od Octobcr 1973.

4. Renumbered by thc Drim Land Reforms (Second AmcadmePt) Acr. f WG (Or. ACI 44 or 1976), s. 4.

M ORTSSA LANP REFORMS ACT, 1960 [ Or. Act 36

(Secs. 24-26)

'[CHAPTER I11

~esllmption 24. (1) Not withstanding anything to the of tenanted lab. contrary in Chapter ZI, but subject to the condi-

born, limitations and restrictions hereinafter specified the landlord and the tenant shall have the right to the determination of the resumable and non- resumable lands in accordance with. the provisions of th is Chapter and for the purposes thereof.

Bxplmation-Resumable land refers to the land which can be resumed for personal cultivation by a landlord' from a tenant.

(2) Nothing in this Chapter shall apply in respect of lands held by a iandlord whozx x is a privileged =aiyat or a person under disability.

Extent of resumable 25. The extent of resumable lands shall not be land. more than one-half of the lands in respect of

each tenant, measured in rtandard acres only. Righis of tbc land-

26. ( I ) . The landlord shall have the right to lord make his sektion under section 25 and may within rcnantio wee month from the commencement of th is Act

ap IJi on the .basis of such selection to the Revenue 0 fFi cer in the prescribed form and manner, with intimation of a copy of such application i o each of his tenants for the issue of a certificate specifying separately the particulars of the resumable and the non-resumable I=&. '

(2) A, tenant m y also apply to the Revenue Officer wthin. the period aforesaid in the prescribed form rind manner, under intimatiom to the landlord for a determination of the non-resumable la&.in respect of his tenancy .and for the issue of a-'requisie certXcate in that behalf:

+ 3 [ Provided that any landlord or tenant who has failed to apply within the aforesaid period, may make such application within three months from the date of commencement of the Orissa , Land Or. ~ c l . Reforms (Amendment) Act, 1966 : 8 of 1967

I-----

1. su bstitutcd by thc 0rbsa Land ~ e i o r m s (~me'ndmcn!) Act, 1%5 (Or. Act 13 of 1g65), s. 9. 2. Omitted by the ~rissa' Land Reforms (Amendment) Act, 1574 (Or. Act 9

of 1974). s. 12, rcad with prcsidcnt's Act No. 17 of 1973 en for^ fmm tfts 2nd O c t o h 1973. for **on the commencement of this Act".

3. Added- "by the Orissa Lsnd Reforms QAmenht ) Act, 1966 (Or. ,4ct 8 of 19671, s. 3.

Provided further that any such application made after the expiry of the period specified in sub- section ( I ) or sub-section (2) and before the aforesaid date shalI, for all purposes, be treated as an application filed within the period of limitation.]

Dettrmim 27. (1 ) The Revenue Ofticer shall , I [on receipt - tlon of rcsu. of application from the landlord under section 26, mablt and consider it along with such application, if any, as nos-mum&. may have been received from his tenant under the ble land. said section ] and after giving the parties interested an opportunity of being heard, determine the particulars of the resumable lands and aIso of the non- resumable lands so far as may be in accordance with the selection, if any, made by the landlord under section 26, along with the fair 6nd equitable rent payable in respect of the non-resumable lands.

(2) All proceedings other than in appeal, review or revision relating to any other dispute between such landIord and tenant pending on the commencement of this Act in any Revenue Court or insti- tuted thereafter in any such Court shall stand transferred to the Revenue Officer who shall decide, so far as may be, a11 such disputes along with the determination of the aforesaid particulars.

28. (1 ) While deciding matters under section 27 z'ap"zrI the Revenue Officer shall further determine the nan-resum compensation in respect of the non-resumable lands ab'clan"* -payable in the prescribed manner by the tenant which shall be determined in accordance with the following sub-sections.

(2) '[The. compensalion for 'ihe land sllail be a n amaunf calculated at the rate of eight hundred rupees per standard acre of the land to be paid in five equal mnuaI instaIment4 with interest 2.r the rate or fnur and a bull' per t.enruin p t i ;111:111111 0 1 1 1 lit: 1111p;li~l brrlanci: lllc firsl Iltslalnzcnt i'il l l i n ~ due on 511~11 date a s thc Revenue Officer may in. his order specify in that behalf:

3* * Y * 1. Subs~itutcd by tthc Orissa Land Relo,ms ( Anicndmcnr) ACI, 1966

(Or. Acr 8 aT 19671, s. 4.

2. Subsdluled by thc 0riw;r Lmd Rcforms (Srrond Amcndmcntl Act. 197' (Or. Act 29 of 1976). s. 8 (a).

3. Dcletcd by ibid., s. 8 , I > / .

288 THE O ~ S A LAND REFORMS ACT, 1960 [Or. Act 16

Provided further that where the tenant pays up the entire compensation amount on or before the date on which the payment of the first instalment falls due he shall be entitled to a rebate of five per centurn of the compensation amount,

(3) The compensation payable for-

(a) weus, tanks and structures of a permanent nature , situate in the land not constructed by or at the cost of the tenant; and

(b) trees standing on the land,

shall be the market value thereof to be paid along with the compensation under sub-section (2).

Explanation-Tn determining the market vaIue the Revenue Officer shall, as far as practicable be guided by the provisions contained in sub-section ( I ) of section 23 of the Land Acquisition Act, 1894. 1 of 1894

certrfic a t o 29. After tbe. disposal of appeal, if - any,, from in of the orders under sections 27 and 28 preferred with m u m a b 1 e and m-u-in the period specified in section 63, the Revenue rnable land& OEeer, having regard to t ? ~ alterations and modi-

fications, if any, ordered in such appeal. shall issue a certificate in the prescribed form to the Iandlord and also to the tenant specifying a11 matters to be determined under the said sections and shaII also sendacopy ofsuch certificateto the authority. competent to maintain the record-of-rights.

Ttrant to btcodne

30. (1) The tenant shall with effect frcm the beginning of the year next following the date of the

r ~ ~ o m f l o f issue of t h e certscate under section 29 become a cornpa=- tim. raiyat in respect of the land for which compensation

has been determined ander section 28. (2) he instalments of the compensation amount

together with interest due thereon shall remain a first charge on the Iaod to which it relates and shall 5e recoverable, as an arrear of land revenue on application to the Revenue Officer by the person entitled thereto.

31. (1) The compensation payable by the tenant ::$$ , determined under section 28 shall be paid to hiq reelv~ landlord where such landlord is a raiyat or a land- ;",EflP3aa holder; or if the landlord not being a raiyat or a land-holder hoIds any right under a raiyat then the raiyat and all such persons holding rights between the raiyat and the tenant shall be entitled to the compensation in respect of their rights in the land; and . persons entitled to such compensation shall tqke it in proportion to the rent that each receives in respect of the land and the Rcvcnue Officer shall wNle proceeding under section 28 determine each such share in such compensation.

(2) With effect from the.date the tenant becomes a raiyat under section 30 he shall hold the lands as such free from all encumbrances and the rights of a11 persons (not being Government or a land-holder) mediately or immediately under whom the land was being held shall stand extinguished and the encumbrances, if any, created by such persons in respect of the land shall thereafter attach to the other Iands of the IandIord.

Ctrtifi~a~c to 32, A certificate issued under section 29 shall b, ,,,cl,,iv, be conclusive proof of the correctness of the con- proof.

- tents thereof in respect of dl disputes between the tenant and the persons whose rights stand extinguished in pursuance of section 31.

33. ( I ) The fair and equitable rent determined , under section. 27 shall be payable- s b ~ t land ro

' whom (a) if the landlord is a raiyai or land-hoider, payable. .

to the person immediately under whom such raiyat or Iand-holdet was holding the land; sad

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

ExpJunafion-For the purposes of clause (b) the term 'land-holder' shall include Government.

(2) Arrears of revenue, cesses or other dues to Government, if any, by the date with effect from which the tenant becomes a raiynt in pursuallce of certificates igsued under sectior~ 29 in respect of the lands; covered by such certificates sl~all be payable by the persons who were liable for such dues by the sad date.

[Or. Act 16

Tenant's right to

34. On the determination of the resumabie conrinue Iands the tenant on such land shalI cease to have r~sumable the right to continue in cuItivatiot1 thereof with effect lands. from the date of expiry of the year next fol1olying

the date of issue of the certificate under section 29. Conse-

utnces of '134-A. In any case where the landIord in i t of respect of any land fails to apply in accordance landlord apply under " with the provisions of section 26 the Revenue ~ection 26. OKcer shall, on the expiry of the period speciFied

in the said section, consider the application filed by the tenant i n respect of such land and after ziving the persons interested an opportunity of being heard determine the particuIars of the resumable and non-resumable lands along with the other matters required to be determined under sections 27 and 28 and on such determination the remaining 2[provisions of this Chapter], so far as may be, shall apply:

Provided that if in any such case the laad- lord contests the claim on the ground that- the applicant is not the tenant and the tenznt succeeds in establishing his claim the Revenr~e Oficer shall, after giving the tenant an opportunity of selecting the non-resumable Iands, determine the aforesaid pal-ficulars, so far as may be, in accordance with the selection, i f any, made by the tenant:

Provided further that if the landlord does not contest- the claim as aforesaid he shall have the right to select the resumable lands and thz said pnrti- culars shall, so far as may be, bc determined in accordance with the selection, if a,ny, madk by the land lord.]

FaiIurc of 35. Where both the landlord and the tenant in both land- respect of any land fail to sipplv in accordance with lord a;: the provisions of section 26 the Revenue Officer tenant apply under may within six months from the expiry of the period sectinn26- splecihed in the said section and subject to such

rules as may be made in that behalf after giving the persons interested an opportl~~lify of being heard determine the particulars of the resumable

1; Inserted by the Orijsa Land Refclrms ( Alncndment) Act, 1966 ( or, Act 8 of f 967). 9.5.

2. substituted by the Ot i sa Land R c f a n > ( Anlcndmcac ) ~ q , 19b9 (Or. Act 13 or 19691, s. 2 for "provls~ons of the Cbcpfcr".

and non-resumable lands along with the other matters required to be determined under sections 27 and 28 and on such determination the remaining provisions of this Chapter so far as may be, shall apply.

'[35-A. The tenant shall, subject to t

the orissa land reforms act, 1960 · 254 the orissa land reforms act, 1960 [ or.act 9 dcediona 2.in...

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