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ORISSA CONSOLIDATION OF HOLDINGS AND PREVENTION OF FRAGMENTATION OF LAND ACT, 1972
(1) This Act may be called the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.
(2) It extends to the whole of the State of Orissa.
(3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date 1[or dates] as the State Government may, by notification, appoint in this behalf and different dates may be appointed for different areas of the State.
In this Act, unless the context otherwise requires-
(a) "agriculture" includes the raising of crops, grass or garden produce, horticulture, dairy farming, breeding and keeping of live-stock, pisciculture, poultry farming and use of land as pasture or for forest or for any purposes where such use is ancillary to agriculture;
(b) "agricultural land" means land held or occupied for agriculture or for purposes connected with agriculture and includes-
(i) a house or similar structure standing over such land ancillary to agriculture; and
(ii) trees, wells and other improvements existing on such land-
(c) "Assistant Consolidation Officer" means a person notified as such by the Consolidation Commissioner to ex
(1) The State Government may, where they are of the opinion that any area, which shall comprise a village or group of villages, may be brought under consolidation operations, issue a notification to that effect whereupon it shall become lawful for the Consolidation Officer or his subordinate or any other Officer acting under his authority.]
(a) to enter upon and survey in connection with rectangulation or otherwise and to take levels of any land in such area, if necessary;
(b) to clear by cutting or removing any tree, jungle, fence, standing crop or other material obstruction during such survey or taking of levels; and
(c) to do all acts necessary to ascertain the suitability of the area for consolidation operations.
(2) The Consolidation Officer s
Upon the publication of the notification issued under Sub-section (1) of Section 3 in the Official Gazette. The consequences as hereinafter set forth, shall, subject to the provisions of this Act, ensue in the consolidation area till the publication of notification under Section 41 or Sub-section-(1) of Section 5, as the case may be-
(1) The consolidation area shall be deemed to be under consolidation operations and the duty of preparation of record of rights and map of each village comprised in the area shall be performed by the Assistant Consolidation Officer who shall prepare them in the manner hereinafter provided;
1[(2) Notwithstanding anything contained in any law for the time being in force no land-owner, except with the permission, in writing of the Consolidation Officer previously obtained, shall, after publication of the not
(1) It shall be lawful for the State Government at any time to cancel, by publication of an order to that effect in the Official Gazette, the notification made under Sub-section (1) of Section 3 in respect of the whole or any part of the area specified therein.
(2) Where a notification has been cancelled in respect of any area under Sub-section (1), such area shall cease to be under consolidation with effect from the date of the cancellation.
CASE LAW :
Sections 5 (1) (2) and 22 (1) - Power of cancellation of Notification conferred on the State Government - "At any time"Interpretation of-Notification of cancellation can be issued by the State Government before publication of final map and R.O.R. under Section 22 (1) of the Act - Purpose of the Act and provisions, explained : 1989 (I) OLR 367
(1) As soon as may be after publication of the notification under Sub-section (1) of Section 3, the Director of Consolidation shall issue a notification constituting under and initiating preparation of maps and land register in respect of each unit which shall be published at a conspicuous place of the village for a period of not less than fifteen days.
(2) Upon publication in the village of the notification under Sub-section (1) and subject to the provisions hereinafter contained, the Assistant Consolidation officer shall-
(a) prepare the map of each village in the consolidation area in the prescribed manner;
(b) prepare a Register known as the Land Register showing particulars of the lands, interests therein rent and cess settled therefor and such other details as may be prescribed;
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The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, aims to consolidate land holdings and prevent fragmentation, thereby promoting agricultural efficiency and sustainability. Section 6 specifically addresses the preparation of maps, land registers, and the determination of valuations and shares in joint holdings.
Section 6 mandates the preparation of a map for each village within the consolidation area, the establishment of a land register, and the determination of the valuation and shares in joint holdings. This process is crucial for ensuring accurate records and equitable distribution of land among stakeholders.
The scope of Section 6 extends to all villages within the consolidation area, impacting landowners, tenants, and other stakeholders. It serves as a foundational step in the consolidation process, ensuring that all land-related transactions are based on accurate and updated information.
While Section 6 itself does not prescribe specific punishments, violations related to the preparation of maps or inaccuracies in the land register may lead to legal disputes and administrative penalties under other relevant provisions of the Act.
(1) Upon the publication of the notification issued under Sub-section (1) of Section 3, no partition of a holding lying in the consolidation area under Section 19 of the Orissa Land Reforms Act, 1960 (Orissa Act 16 of 1960) shall be effected by the Revenue Officer till the publication of the notification under Section 41 or Sub-section (1) of Section 5, as the case may be, and the Assistant Consolidation Officer and the Consolidation Officer shall, in addition to the powers vested in them under this Act, have powers to effect partition of joint holdings on application of any party interested notwithstanding anything to the contrary contained in any other law for the time being in force:
Provided that a partition on the basis of specific parcels of land may, on an application made in that behalf, be effected-
(a) where all the concerned
(1) After publication of the notification under Sub-section (1) of Section 6 the Assistant Consolidation Officer shall, in consultation with the Consolidation Committee, prepare in respect of each unit under consolidation operations, a statement (hereinafter called the Statement of Principles) setting forth the principles to be followed in carrying out consolidation operations in the unit.
(2) The Statement of Principles shall also contain the following details, namely :
(a) specific areas, as far as they can be determined, to be ear-marked for such public purposes and to such extent as may be prescribed; and
(b) the basis on which and the extent to which the land-owners shall contribute land for public purposes.
(3) The Statement of Principles sh
(1) The copy of the map, land register and other records, if any prepared under Section 6 together with the Statement of Principles prepared under Section 8 shall be published in the unit in the prescribed manner and copies thereof shall also be forwarded to the local Tahsildar.
(2) Notices containing relevant extracts from the land register showing rights and liabilities of land-owners in relation to land, specific shares of individual landowners in joint holdings were necessary to ensure proper consolidation, valuation of lands and valuation of houses, structures, trees, walls and other improvements for calculating compensation therefor and its appointment among the land-owners, if there be more land-owners than one, shall be sent to the land-owners mentioned in the land register.
(3) Any person to whom a notice under Sub-section (2)
(1) Such objections relating to right, title and interest in land as can, in conformity with the laws in force, be disposed of by conciliating among the parties concerned, shall be disposed of by the Assistant Consolidation Officer :
Provided that where any party does not appear before the Assistant Consolidation Officer on the date fixed after due service of notice in that behalf, he shall set him ex parte and proceed with the conciliation among the parties appearing before him and orders passed on such conciliation shall, subject to the orders in an appeal or revision, if any, be binding on the parties who are set ex parte.
(2) All objections which cannot be disposed of by conciliation under Sub-section (1) and all other objections including those relating to valuation or the Statement of Principles or the rent or cess settled under
(1) The Consolidation Officer shall dispose of objections forwarded to him under Sub-section (2) of Section 10 after giving the parties concerned a reasonable opportunity of being heard and after such local inspection as he deems necessary :
Provided that in disposing of objections relating to valuation and the Statements of Principles, he shall consult the Consolidation Committee.
(2) For the purpose of disposing of objections, the Consolidation Officer shall hold his sittings at the headquarters of the Grama Panchayat constituted under the Orissa Grama Panchayat Act, 1964 (Orissa Act 1, of 1965) within whose jurisdiction the land is situated.
CASE LAWS :
Sections 10 and 11 - Persons claiming occupancy status over reservoir and tank in dispute -
Any person aggrieved by an order of the Assistant Consolidation Officer or the Consolidation Officer under Section 10 or 11 may, within thirty days from the date of the order file an appeal in the prescribed manner before the Director of Consolidation whose decision shall, except as otherwise provided by or under this Act, be final.
CASE LAWS :
Sec. 12 - An appeal under the Sec. involves both questions of fact and law - Deputy Director being the final Courts of facts it was incumbent upon him to arrive at its conclusion on facts - In absence of any decision by the appellate authority it was not open to the Commissioner to adjudicate the matter himself as if he was exercising appellate jurisdiction : (Sri) Gopal Jew Math, Subhadrapur, Marfat Banamali Das v. Commissioner, Consolidation, Orissa and others : 2005 (Supp.) OLR 709.
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(1) The map, land register and other records, if any, prepared under Section 6 shall be revised, if necessary, on the basis of the orders passed under Sections 10, 11 and 12 and shall be published for a period of fifteen days in the unit for information of all concerned.
(2) [Deleted].
(3) The map, land register and other records, if any, may thereafter be maintained from time to time on the basis of orders passed by competent authorities under the relevant provisions of this Act.
(4) Where in respect of any village an order is published under Sub-section (1) of Section 5 at any time after the publication of the map and land register under Sub-section (1), the map and the record-of-rights prepared on the basis of such land register shall, for all intents and purposes, be deemed to have been
Subject to the provisions contained in Section 15, no question in respect of-
(a) right, title and interest in land;
(b) partition of joint holdings, or
(c) valuation of lands, houses, structures, trees, wells and other improvements,
where the question is sought to be raised by a land-owner recorded in the land register prepared under Section 6 which question might or ought to have been raised under Section 9 but has not been raised, shall be raised or heard at any subsequent stage of the consolidation proceedings.
CASE LAWS :
Sections 14 and 15-Once the confirmation of scheme is made under Section 21 (1), the prayer for partition of joint holdings cannot be e
(1) All matters relating to changes and transfers affecting any of the rights, title and interest recorded in the land register published under Section 13 for which cause of action arose after the publication of records under Section 9 may be raised before the Assistant Consolidation Officer as and when they arise but not later than the date of publication of the order, it any, under Sub-section (1) of Section 5 or the date of confirmation of the scheme under Sub-section (1) of Section 21, whichever is earlier :
Provided that it shall also be competent for the Assistant Consolidation Officer to consider such cases suo motu.
(2) The provisions of Sections 6 to 12 shall, mutatis mutandis, apply to the hearing and disposal of any matter raised under Sub-section (1) as if it were a matter raised under the aforesaid sections.
A Consolidation Scheme shall fulfil the following conditions, namely :
(1) a land-owners rights and liabilities as recorded in the land register published under Section 13 shall be secured in lands allotted to him on consolidation, subject to deductions, if any, made on account of contributions for public purposes under this Act;
(2) the valuation of lands allotted a land owner shall be equal to the valuation of lands originally held by him subject to deductions if any, made on account of contributions for public purposes under this Act :
Provided that with the permission of the Director of Consolidation obtained in writing, the area of the holding or holdings allotted to a land owner shall not differ from the area of his original holding or holdings by more than thirty three and one-third pe
Section 16 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, deals with the legal consequences of decisions made by consolidation authorities and the procedural safeguards available to landholders. It plays a crucial role in ensuring finality and stability of land records post-consolidation.
Section 16 primarily stipulates that the decisions of the consolidation authorities regarding rights, interests, or claims in land shall be final and binding. It also provides that such decisions operate as res judicata, preventing subsequent litigation on the same issues unless specific provisions for setting aside or challenging the order are followed.
Section 16 applies to all orders passed by consolidation authorities concerning land rights, occupancy, or claims during the consolidation process. It aims to prevent multiplicity of suits and ensure the stability of land records after consolidation.
The section itself does not prescribe specific punishments. However, non-compliance or false claims related to orders may attract penalties under other provisions of the Act or applicable laws, such as penalties for false statements or misrepresentation.
Note: The references are based on the provided sources, primarily [Laxmidhar Sahu VS State Of Orissa], which discusses the judicial interpretation and implications of Section 16 in the context of land consolidation and res judicata effects.
(1) The Assistant Consolidation Officer shall, as soon as may be after publication of the map, land register and other records under Sub-section (1) of Section 13 and in consultation with the Consolidation Committee prepare a Provisional Consolidation Scheme for the unit on the basis of the map and land register published under Section 13 and as revised under the provisions of this Act.
(2) Notwithstanding anything contained in this Act or in any law for the time being in force, it shall be lawful for the Assistant Consolidation Officer while preparing the Provisional Consolidation Scheme, to allot to a land-owner after determining its valuation, any land belonging to the State Government and any land used for public purposes :
Provided that where any land is used for public purpose, it shall be allotted only after the Assistant Consol
(1) After preparation of the provisional Consolidation Scheme, the Assistant Consolidation Officer shall cause to be sent to the land-owners concerned notice containing relevant extracts therefrom and shall publish the Provisional Consolidation Scheme in the unit in the manner prescribed.
(2) Subject to the provision contained in Section 14 any person to whom a notice has been sent under Sub-section (1) and any other person affected by the Provisional Consolidation Scheme disputing the correctness of the entries made therein within thirty days of the receipt of the notice or the date of publication of the Provisional Consolidation Scheme, as the case may be, file an objection before the Consolidation Officer or the Assistant Consolidation Officer duly authorised by the Consolidation Officer in that behalf.
CASE LAW :
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(1) The Consolidation Officer shall, in the prescribed manner, dispose of objections filed under Section 18 after giving the Consolidation Committee and the parties concerned a reasonable opportunity of being heard.
(2) The Consolidation Officer shall have powers to modify the Provisional Consolidation Scheme to such an extent or to remand the same to the Assistant Consolidation Officer with such directions as he considers necessary in the interest of proper consolidation.
CASE LAWS :
Modification may be total or partial even in respect of one plot-The scheme can be altered by reserving land for public purposes : AIR 1961 Punj. 208.
Objections of affected persons should be heard unitwise and not case-wise : AIR 1977 All. 417 : AIR 1978 NOC 69 (A
(1) Any person aggrieved by an order of the Consolidation Officer under Section 19 may, within thirty days from the date of the order prefer an appeal before the Director of Consolidation whose decision thereon shall, except as otherwise provided by or under this Act, be final.
(2) The Director of Consolidation shall have powers to revise the Provisional Consolidation Scheme to such an extent or to remand the same to the Assistant Consolidation Officer or the Consolidation Officer with such directions as he deems necessary.
CASE LAWS :
Appeal-A right of appeal is a substantive right and not a procedural one-AIR 1963 SC 221 : AIR 1957 SC 540 : AIR 1960 SC 960 : AIR 1975 SC 1409 : AIR 1977 SC 49.
A right of appeal is not only confined to the partie
(1) The Director of Consolidation shall confirm the Provisional Consolidation Scheme after the disposal of all objections and appeals relating to the unit with such modifications as he considers necessary in the interests of proper consolidation or for giving effect to the final order, if any, passed under Section 15.
(2) The Provisional Consolidation Scheme so confirmed shall be published in the unit and except as otherwise provided under this Act, shall be final.
CASE LAW :
Section 21 and Section 37 (2) - Directors power of Revision - Revision under Section 37 pending before the Director - During the pendency of the Revision consolidation scheme confirmed under Section 21- Director does not cease to have power to hear and dispose of the Revision : 32 (1990) OJD 266 (Civil).
(1) (a) As soon as may be after confirmation of the Provisional Consolidation Scheme the Consolidation Officer shall cause to be prepared for each village in the consolidation area a final map and record-of-rights on the basis of the Consolidation Scheme so confirmed.
(b) The map and the record-of-rights shall contain such particulars as are required under the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959) with such modifications as may be prescribed and shall also show the rent and cess determined under Sub-section (3) of Section 7.
(2) The map and the record-of-rights prepared under Sub-section (1) shall be published in the prescribed manner and the Final Consolidation Scheme shall come into force from the date of such publication.
(3) The relevant extract of the record-of-
On and after the date of publication of the map and the record-of-rights under Sub-section (2) of Section 22, a land owner shall be entitled to enter into possession of the lands allotted to him.
(1) On and from the date of entering into possession, every land-owner shall pay or receive compensation according as the valuation of houses structures, trees, wells and other improvements existing on the lands allotted to him in the final consolidation scheme is more or less than the valuation of such properties existing on the land originally held by him.
Explanation-For the purpose of Sub-section (1) "compensation" shall be the difference between valuation of houses, structures, trees, wells and other improvements existing on the lands allotted to him under the final consolidation scheme and the valuation of such properties originally held by him.
(2) The amount of compensation determined shall be intimated to the land-owners concerned in the prescribed manner.
(1) On an application made within sixty days from the date of coming into force of the final Consolidation Scheme by the land-owner who is unable to enter into possession of the lands allotted to him under the said Scheme, the Assistant Consolidation Officer may, within six months from the date of the application, put the land owner in actual physical possession of lands so allotted, and in doing so, shall have all the powers as are exercisable by a Civil Court in execution of decree for delivery of possession of immovable property:
Provided that the delivery of possession as aforesaid shall not affect the right of the person from whom possession is transferred to tend and gather the crops standing on such lands or part thereof on the date of the delivery unless the Assistant Consolidation Officer decides, for reasons to be recorded, that possession of the crops shall be delivered
(1) Where possession of standing crops is delivered along with the land under Section 25, Assistant Consolidation Officer shall determine, in consultation with the Consolidation Committee, the compensation payable in respect of such crops by the land-owner put in possession.
Explanation -Compensation" for this purpose shall mean the anticipated value of the standing crop when marketable less, reasonable expenses to be incurred for harvesting and marketing of the crop.
(2) Any person aggrieved by an order under Sub-section (1) may, within thirty days from the date of the order, prefer an appeal before the Consolidation Officer whose decision thereon shall be final.
(1) Where a land-owner from whom compensation is recoverable under this Act, falls, to pay the same within six months from the date of intimation under Sub-section (2) of Section 24, the person entitled to receive the same may, in addition to any other mode of recovery open to him, apply to the Collector within six months from the expiry of the aforesaid period to recover on his behalf the amount due as if it were a public demand payable to the State Government.
(2) Interest at the rate of six per cent per annum shall be charged on the amount of compensation remaining unpaid after expiry of the earlier period referred to in Sub-section (1).
Where as a result of contribution of public purposes, under the provisions of Section 8, the valuation of the original holding of a land owner is reduced, the rent and cess payable for the holding shall be reduced by the Assistant Consolidation Officer notwithstanding anything contained in any other law for the time being in force, in the same proportion as the valuation of the area so contributed bears to the original total valuation of the holding.
An amount equal to five per cent of the market value of the land contributed for public purposes as determined, in the prescribed manner shall be paid to the land-owner or owners concerned.
(2) An amount equal to the market value of houses, structures, trees, wells, and other improvements existing on the land contributed for public purposes as determined under this Act shall also be paid to the landowners concerned.
(1) The lands set apart for public purposes under the Final Consolidation Scheme shall, with effect from the date of coming into force of the final scheme, be utilised for the said purposes.
(2) The land allotted to the State Government under the Final Consolidation Scheme shall, with effect from the aforesaid date, vest and be always deemed to have vested in the State Government.
(3) Where under a declaration under the proviso to Sub-section (2) of Section 17, any land belonging to the State Government or used for public purposes is allotted to a land-owner, the right of the village community as well as of all the individuals and of the State Government in such lands shall cease to be attached to such land shall be attached to the lands specified for the purpose in the Final Consolidation Scheme.
With effect from the date on which a land-owner enters or is deemed to have entered into possession of the Chaka allotted to him in accordance with the provisions of this Act, the following consequences shall ensue -
(1) The right, title, interest and liabilities of every land-owner in respect of his original holding shall cease :
Provided that where the land-owner is allotted his original holding either wholly or in part in the Final Consolidation Scheme his right, title, interest and liability in such holding or part thereof, as the case may be, shall remain unaffected;
(2) Every landowner shall have the same right, title, interest and liabilities in the "Chaka" allotted to him as he had in the original holding and the rights and interests of all other persons in respect of such original
(1) The State Government may recover as they may fix from the land-owners of the unit towards the cost of the operations conducted under this Act :
Provided that the aforesaid amount shall not be fixed at a rate exceeding ten rupees per acre and shall be recovered in five equal annual instalments.
(2) An amount payable as costs under this section shall be recoverable as a public demand.
This Chapter shall apply to an area in respect of which a notification under Section 41 has been issued.
(1) No agricultural land in a locality shall be transferred or partitioned so as to create a fragment.
(2) No fragment shall be transferred except to a land-owner of a contiguous Chaka :
Provided that a fragment may be mortgaged or transferred in favour of the State Government, a Co-operative Society, a scheduled bank within the meaning of the Reserve Bank of India Act, 1934 (2 of 1934) or such other financial institution as may be notified by the State Government in that behalf as security for the loan advanced by such Government, Society, Bank or institution, as the case may be.
(3) When a person, intending to transfer a fragment, is unable to do so owing to restrictions imposed under Sub section (2), he may apply in the prescribed manner to the Tahasildar of the locality for this purpose
(1) A transfer or partition in contravention of the provisions of Section 34 shall be void.
(2) A person occupying or in possession of any land by virtue of a transfer or partition which is void under the provisions of this Act, may summarily evicted by the Collector.
(1) The Consolidation Commissioner may, on an application by any person aggrieved by any decision of the Director of Consolidation within ninety days from the date of the decision, revise such decision and for the said purpose, he may call for and examine the records : Provided that no such order shall be passed without giving the parties concerned a reasonable opportunity of being heard.
(2) All orders passed under this section shall be final and shall not be void in question in any Court of law.
CASE LAWS :
Sec. 36 - Disputed plot - Auction purchaser - Dispute, with regard to identification of D in whose favour the lands were sold in the execution case - Who was the real auction purchaser - Pure question of fact - Cannot be adjudicated in writ - Liberty to file civil suit before competent
(1) The Consolidation Commissioner may call for and examine the records of any case decided or proceedings taken up by any subordinate authority for the purpose of satisfying himself as to the regularity of the proceedings or as to the correctness, legality or propriety of any order passed by such authority in the case or proceedings and may, after allowing the parties concerned a reasonable opportunity of being heard make such order as he thinks fit.
(2) The power under Sub-section (1) may be exercised by the Director of Consolidation in respect of authorities subordinate to him.
CASE LAWS :
Sec. 37 - Correction of errors in the Hal map - Revision filed after more than 19 years - Revision rejected - Writ - Power under the section is unfettered and putting any fetter on such powers would amo
The Board of Revenue shall have powers to superintend and regulate all measures under this Act including issue of instructions for the efficient and proper working of the provisions of this Act.
CASE LAWS :
Section 38 - Power of Member, Board of Revenue is power of superintendence limited to administrative action and cannot be exercised in respect of orders of adjudication by authorities under the Act - No jurisdiction to entertain revision application against order of Consolidation Commissioner : 1992 (I) OLR 323.
Revisional jurisdiction - Power of Board of Revenue over Consolidation Commissioner - Power of superintendence includes judicial power : 1984 (I) OLR (BOR) 1.
(1) Where change of possession becomes necessary amongst land-owners as a result of orders passed under Sections 36 and 37, it shall be lawful for them to exchange possession amongst themselves in accordance with such orders.
(2) Where change of possession cannot be effected by mutual arrangement, the Assistant Consolidation Officer shall effect delivery of possession to the land-owners concerned in accordance with the provisions of Section 25.
It shall be lawful for the Consolidation Officer at any stage of the consolidation proceedings but before the preparation of the final records under Section 22 to allow mutual exchange of Chakas or part thereof by agreement between or among the landowners where he is satisfied that the exchange will improve the shape of the Chakas or reduce their number and generally lead to development of agriculture in the unit.
CASE LAW :
When a proceeding arising from the application under Section 40 comes to an end, it amounts to a case decided - A Revision lies from such an order under Section 40 : ILR (1970) 1 All. 181.
(1) As soon as may be after the final maps and the records have been prepared under Section 22, the State Government shall issue a notification to the affect that the consolidation operations have been closed in the unit and then the village or villages forming part of the unit shall cease to be under the consolidation operations :
Provided that the issue of a notification under this section shall not affect the operation of the provisions contained in Chapter IV.
(2) Notwithstanding anything contained in Sub-section (1), consolidation operations shall not be deemed to have been closed in respect of case or proceeding pending under the provisions of this Act on the date of issue of notification under Sub-section (1).
(3) The orders passed by the competent authorities in matters referred to
Notwithstanding anything contained in the Court-fees Act, 1870 (7 of 1870) no Court-fee shall be payable on any application made or on any document filed in any proceeding under the provisions of this Act.
Explanation - For the purposes of this section "document" shall not include a Vakalatnama.
Notwithstanding anything contained in any other law for the time being in force, no instrument in writing shall be necessary for effecting a transfer of a holding involved in giving effect to a Final Consolidation Scheme nor shall any such instrument, if executed, require registration.
(1) The Consolidation Commissioner, Director of Consolidation, Collector, Consolidation Officer, Assistant Consolidation Officer and Tahasildar shall have all such powers, rights and privileges as are vested in a Civil Court in respect of the following matters in trying a suit-
(a) summoning and enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise and the issue of a commission;
(b) compelling the production of documents;
(c) admission of evidence by affidavit; and
(d) any other matter that may be prescribed.
(2) A summons signed by such officer may be substituted for and shall be equivalent to any formal process capable of being issued in any action by a Civil Court
(1) Subject to any condition or restriction that may be prescribed, the Consolidation Commissioner, Director of Consolidation, Collector, Consolidation Officer, Assistant Consolidation Officer or Tahasildar may, by a written order, require any person to produce such documents, papers and registers or to furnish such information as he may deem necessary for the proper exercise of his powers or the proper discharge of his duties under this Act.
(2) Every person required to produce any document, paper or register or to furnish any information under this section shall be deemed legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code, 1860 (45 of 1860).
Any officer mentioned in this Act or any person acting under orders of any one of them may, in the discharge of any duty under this Act, enter upon and survey any land and erect survey marks thereon and demarcate the boundaries thereof, take levels and do all other acts necessary for the performance of his duty.
All authorities hearing any application, appeal or revision under any of the provisions of this Act shall do so as Revenue Courts.
Notwithstanding anything contained in any law for the time being in force, if at any time before the issue of a notification under Section 41 the Consolidation Officer or Assistant Consolidation Officer is satisfied that a clerical or arithmetical error apparent on the face of the record exists in any document prepared under any provision of this Act, he shall, either on his own motion or on the application of any person interested correct the same after giving to the parties concerned a reasonable opportunity of being heard.
CASE LAW :
Power to correct clerical or arithmetical mistakes does not confer power to recall the order on merits and re-decide the same : ILR (1982) HP 755.
Where powers are to be exercised or duties are to be performed by any authority under this Act or the rules made thereunder, such powers or duties may also be exercised or performed by any authority superior to it.
CASE LAW :
Section 49 - Powers of the superior authority - Revision under Section 36 of the Act - Revisional authority has the same power as belongs to the original and appellate authorities : 33 (1991) OJD 482 (Civil).
The State Government may, by notification and subject to such restrictions and conditions as may be specified therein-
(a) delegate to any officer or authority, any of the powers conferred upon them by this Act;
(b) confer powers of the Consolidation Commissioner, Director of Consolidation, Collector and Consolidation Officer under this Act of the rules made thereunder on any other officer or authority.
CASE LAWS :
Orders passed by an officer to whom powers have been delegated can be revised by the State Government : AIR 1963 SC 1503.
Disposal of a revision by another Dy. Director of Consolidation without an order of transfer, held, not without jurisdiction : AIR 1957 SC 397 : AIR 1946 Pat. 98 (FB) :
Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions contained in Clause (3) of Section 4 and Sub-section (1) of Section 7-
(1) all questions relating to right, title, interest and liability in land lying in the consolidation area, except those coming within the jurisdiction of Revenue Courts or authorities under any local law for the time being in force, shall be decided under the provisions of this Act by the appropriate authority during the consolidation operations; and
(2) no Civil Court shall entertain any suit or proceedings in respect of any matter which an officer or authority empowered under this Act is competent to decide.
CASE LAWS :
Sec. 51 - Right, title, interest and liability
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
A transfer made in contravention of any of the provisions of this Act shall not be valid or recognised, anything contained in any other law for the time being in force notwithstanding.
(1) Any person contravening any provision of this Act shall be liable to pay a penalty not exceeding five hundred rupees by an order passed by the Sub-divisional Officer of the locality :
Provided that the Sub-divisional Officer, before passing an order levying penalty, shall give to the person concerned a reasonable opportunity of being heard.
(2) An appeal against any order passed under Sub-section (1) shall lie, if filed within thirty days from the date of the order, to the Collector whose decision thereon shall be final-
(1) If any person destroys, damages or removes without lawful authority a survey or rectangulation mark lawfully erected, he may be ordered by the Consolidation Officer to pay such compensation not exceeding fifty rupees for each mark so destroyed, damaged or removed as may, in the opinion of that Officer, be necessary to defray the expenses of restoring the same and of rewarding the person, if any, who gives information of the destruction, damage or removal.
(2) An order for payment of compensation passed under Sub-section (1) shall not bar a prosecution under Section 434 of the Indian Penal Code, 1860 (45 of 1860).
(3) An appeal against any order passed under Sub-section (1) shall lie, if filed within thirty days from the date of the order, to the Director of Consolidation whose decision thereon shall be final.
The penalty imposed under the provisions of this Act or the compensation ordered to be paid under Section 55 shall be recoverable as a public demand.
Subject to the provisions of this Act, the provisions of the Limitation Act, 1963 except Sections 6, 7, 8, 9, 18 and 19 shall apply to all applications, appeals, revisions and other proceedings under this Act, or the rules made thereunder.
CASE LAWS :
The condonation of delay is discretionary and the discretion to be judicial : ILR (1965) Cutt. 4 : AIR 1965 Ori. 193.
Limitation-Applicability-Sufficient cause under Section 5 of the Limitation Act, 1963-Principles enumerated : AIR 1962 Punj. 308 : AIR 1966 Pat. 1 : AIR 1973 Pat. 178 : AIR 1966 Raj. 213 :1963 SCD 534 : AIR 1972 SC 167 : AIR 1980 SC 1345 : AIR 1978 Ori. 209.
The State Government may make rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, they may make rules in respect of all matters expressly required or allowed by this Act to be prescribed.
(3) All rules made under this section shall, as soon as may be after they are made be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period, the State Legislature makes modifications, if any, therein, the rules shall thereafter have effect only in such modified form; so however, that such modifications shall be without prejudice to the validity of anything previously done under the rules.
Save as otherwise provided the provisions of this Act shall have effect notwithstanding anything to the contrary in any other law, custom, usage, agreement, decree or order of Court.
The Central Provinces Consolidation of Holdings Act, 1928 in its application to the State of Orissa and Chapter VI of the Orissa Agriculture Act, 1951, are hereby repealed.
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