Orissa Estates Abolition Act, 1951
(1) This act may be called the Orissa Estate Abolition Act, 1951.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force at once.
CASE LAW :
Orissa Estate Abolition Act, 1951 - Review Order - Scope of - Absence of express provision - Binding effect of order of Board of Revenue on Collector : ILR 1964 Cutt. 594 : AIR 1965 Ori. 215.
The Orissa Estates Abolition Act, 1951, was enacted to abolish the rights, title, and interest of intermediaries in land, thereby vesting these rights in the State of Orissa. This legislative framework aimed to simplify land holdings and facilitate land reforms in the state.
Section 1 of the Act provides the short title, extent, and commencement of the Act. It states that the Act may be called the "Orissa Estates Abolition Act, 1951" and extends to the whole of the State of Orissa.
Section 1 lays the groundwork for the entire Act, establishing its identity and jurisdiction. It is crucial for understanding the applicability of the subsequent provisions of the Act.
Section 1 does not prescribe any punishment; it merely serves as an introductory provision to the Act.
In this Act, unless there is anything repugnant in the subject or context.
(a) "Agricultural year" means where the Oriya year prevails, the year commencing on the first day of Baisakh of the Oriya year, where the Fasli year prevails the year commencing on the first
For statement of objects and reasons, see Orissa Gazette Ext. dated the 3rd January, 1950 and for report of Select Committee, see, Orissa Gazette Ext. Dated the 25th August, 1951.
day of July and where any other year; prevails for agricultural purposes, that year;
Explanation - In the event of any question as to the particular agricultural year in any area or estate the notification by the Board of Revenue on this behalf shall be conclusive;
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The Orissa Estates Abolition Act, 1951, was enacted to abolish the rights, title, and interest of intermediaries in land, thereby vesting such rights in the State. Section 2 of the Act provides essential definitions that are crucial for understanding the scope and application of the Act.
Section 2 of the Orissa Estates Abolition Act defines key terms such as "estate," "intermediary," and "raiayat." These definitions are foundational for the implementation of the Act and determine the rights and obligations of various parties involved in land tenure.
The definitions provided in Section 2 are expansive and aim to cover various forms of land tenure and ownership structures. This broad scope is intended to ensure that all intermediaries are accounted for in the abolition process.
Section 2 itself does not prescribe punishments; however, the Act includes provisions for penalties related to non-compliance with its directives in subsequent sections.
This commentary highlights the significance of Section 2 of the Orissa Estates Abolition Act, 1951, in shaping land tenure laws and the rights of various stakeholders in the context of land reform in Orissa.
(1) The State Government may, from time to time by notification, declare that the estate 2[* * *] specified in the notification has passed to and become vested in the State free from all emcumbrances.
(2) The Notification referred to in Sub-sec. (1) shall contain particulars of the estate including tauzi number, if any, and the name and the address of the Intermediary as recorded in the registers maintained by the Collector, or as far as is otherwise ascertainable by him and shall be published in the Gazette 2[* * *] and shall be affixed in a conspicuous place for a period of not less than fifteen clear days in the office of the Collector.
(3) Such publication shall be conclusive evidence for the notice of the declaration to everybody whose interest is affected by it.
CASE LAWS :
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(1) Without prejudice to the powers under the last preceding section the State Government may by notification declare that the intermedi¬ary interest of all intermediaries or classes of Intermediaries in the whole or a part of the State have passed to and become vested in the State free from all emcumbrances.
(2) The notification referred in Sub-sec. (1) shall be published in the Gazette and on such publication shall be conclusive evidence of the notice of the declaration to everybody whose interest is affected thereby.]
CASE LAWS :
Trust Estates - Notification issued by Government under Secs 3-A - Abolition already declared as trust estate illegal - 1984 (I) OLR 170.
Intermediary right vests by operation of law - Intermediary filing case for non-payment of rent - Authorities under the
Without prejudice to the provisions of Sub-sec. (2) of (1) Section 3-A, the substance of the notification issued under the said Section shall, as soon as may be after the date of the publication thereof, be proclaimed by beat of drum in all the villages in the whole of the State or, as the case may be, in such part thereof to which the notification relates and such proclamation shall also call upon all the Intermediaries generally whose interests are affected, to comply with the requirements laid down in the following Sub-sections.
(2) On the publication of a notification under Sec. 3-A, all the Intermediaries whose interests are affected thereby shall, before the expiry of three months from the date of the said notifications, apply to the Collector in the Form set out in the Schedule hereto annexed.
(3) The application shall be verif
An Intermediary in relation to an estate vested in the Government in pursuance of a notification under Sec. 3, whether or not has name is included in the list of names of the Intermediaries published in the said notification, shall, within a period of three months from the date of commencement of the Orissa Estates Abolition (Amendment) Act, 1956 or from the date of the said notification, whichever is later, apply to the Collector in the Form set out in the Schedule hereto annexed and the provisions of Sub-sections (3), (4), (5) and (6) or Sec. 3-B shall apply to every such intermediary
(1) At any time prior to issue of the notification under Sub-sec. (1) of Sec. 3, the State Government may, by notification, in the Gazette, invite, from Intermediaries as are proprietors of permanently settled estates and Intermediaries governed by the law of primogeniture, in respect of the areas specified in the said notification, proposals for surrender of their respective estates, to be received within a period of one month from the date of such notification in the Gazette. Such proposals shall be in writing and shall contain specific terms and conditions on which the surrender is proposed to be made. The State Government may thereupon intimate their decision to the said Intermediaries within a month from the date of receipt of said proposals whether the said proposal shall be taken into consideration or not by the State Government and such decision shall be final shall not be called in question in any Court of law.
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Notwithstanding anything contained in any other law for the time being in force or in any contract, on the publication of the notification 1[in the Gazette] under Sub-sec. (1) of Sec. 3 2[or Sub-section (1) of Sec. 3-A] 1[or from the date of the execution of the agreement under Sec. 4 as the case may be] the following consequences shall ensue, namely :
(a) Subject to the subsequent provisions of this Chapter the entire estate including all communal lands and porambokes, other non- raiyati lands, waste lands, trees, orchards, pasture lands, forests, mines and minerals (whether discovered or undiscovered, or whether being worked or not inclusive of rights in respect of any lease of mines and minerals) quarries, rivers and streams, tanks and other irrigation works, water channels, fisheries, ferries, hats and bazars, and building or structures together with the land on which they stan
(1) With effect from the date of vesting, all homesteads comprised in an estate and being in the possession of an intermediary on the date of such vesting, and such buildings or structures together with the lands on which they stand, other than any buildings used primarily as offices or Kutcheries or rest houses for estate servants on duty as were in the possession of an Intermediary at the commencement of this Act and used as golas (other than golas used primarily for storing rent in kind), for factories or mills for the purpose of trade, manufacture or commerce, or used for storing grains or keeping cattle or implements for the purpose of agriculture and constructed or established had used for the aforesaid purpose before the 1st, day of January, 1946, shall, notwithstanding contained in this Act, be deemed to be settled by the Government with such Intermediary and with all the shar-holders owning the estate, who shall be e
(1) On and from the date of vesting -
(a) All lands used for agricultural or horticultural purposes which were in khas possession of an intermediary on the date of such vesting;
(b) lands used for agricultural or horticultural purposes and held by a temporary lessee or lessees of an Intermediary who owns either as Intermediary of in any other capacity less than thirty three acres of land in total extent situated within the State;
(c) Lands used for agricultural or horticultural purposes and in possession of a mortgagee, which immediately before the execution of the mortgage bond were khas possession of such Intermediary, shall notwithstanding anything contained in this Act, be deemed to be settled by the State Government with such Intermediary and with all the share-holders owning the estate a
(1) If the State Government are of the opinion that any land, whether used for the purposes of hat, bazar, orchard, mine, quarry or otherwise, tank or building (being part of a trust estate) vested in the State Government is needed for carrying out the purposes of the trust efficiently, then, notwithstanding anything contained in any other law for the time being in force or in any other provision of this Act, the State Government may settle such land, tank or building with the person who immediately before such vesting was an Intermediary in respect of such land or tank or building, subject to the payment of such fair and equitable rent as may be determined by the Collector in the prescribed manner and subject to such other terms and conditions as may be prescribed:
Provided that no such land, tank or building shall be settled under this Section -
(1) Any person who immediately before the date of the vesting of an estate in the State Government was in possession of any building as a tenant under an Intermediary shall, on and from the date of vesting, be deemed to be a tenant of the State Government and such person shall hold the land in the same rights and subject to the same restrictions and liabilities as he was entitled or subject to, immediately before the date of vesting.
(2) 1[any person who immediately before the date of coming into force of the Orissa Estate Abolition (Amendment) Act 13 of 1986 held land under Government for rendering service as a village servant by whatever name called shall from the date of coming into force of the said Act be discharged from the conditions of such service and the land shall be settled with him with occupancy right in such rent as may be determined by the Collector in the prescr
(1) The Intermediary shall file his claim in the prescribed manner for settlement of fair and equitable renting respect of lands and buildings which are deemed to be settled with him under Sec. 6 or 7 before the Collector within 2[six months] from the date of vesting.
3[(1-A) Any person who is discharged from the conditions of village service under Sub-sec. (2) of Sec. 8 may file his claim before the Collector in the prescribed manner for settlement of the land held by him under the conditions of village service within six months from the date of commencement of the Orissa Estates Abolition (Amendment) Act, 13 of 1986.
(2) Any person who is discharged from the conditions of personal service under Sub-sec. (3) of Sec. 8 may file his claim in the prescribed manner before the Collector within six months from the date of vesting for settle
Notwithstanding anything contained in any other law for the time being in force, the fair and equitable rent determined by the Collector in respect of lands, buildings or structures settled with the Intermediaries or any other person, as the case may be, under Sections 6, 7 and 8 shall, for the period prior to the date of assessment of such rent, be realisable by the State Government within a period of 4[ten years] from the said date]
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5. Omitted vide Orissa Act No. 21 of 1973.
The provisions of 2[Secs. 6, 7, 7-A, 8-A, 8-B) shall apply in respect of an Inamdar of Minor Darmilla Inam which has vested along with the present estate as if such Inam were an estate vested separately :
Provided that where such vesting has taken place prior to the date of coming in to force of the Orissa Estates Abolition (Amendment) Act, 1960, the claims mentioned in Sub-sec. (1) of Sec. 8-A shall be filed before the Collector not later than the date of expiry of a period of three months from the said date.
Explanation - "Minor Darmilla" means a grant locally known as such of a post settlement Minor Inam in the districts of Ganjam and Koraput.
(1) For the purpose of determining whether an estate is a trust or estate not, the State Government may by notification, constitute one or more Tribunal having such local jurisdiction as may be specified in such notification.
(2) The Tribunal shall consist of one member to be appointed by the State Government from among the officers of the judicial Service not below the rank of a Subordinate Judge.
The Tribunal shall, in accordance with the rules made in that behalf publish in such manner as may be prescribed, the particulars of all references as are received by it under Sub-sec. (5) of Sec. 8-A inviting objections thereto from persons interested to be filed within the period to be specified in that behalf.
(2) After receipt of the objections, if any, the Tribunal shall after giving the persons concerned an opportunity of being heard and making such enquiry as it deems necessary, determine whether the estate is a trust or not and send a copy of the order to the Collector who has made the reference.
(1) An appeal against any order of the Collector under Sub-sec. (4) of Sec. 3-B, Clauses (h), (i) and (k) of Sec. 5, Sub-sec. (1) of Secs. 6 or 7 5[Sub-secs. (2) and (3) of Sec. 8] and Sub-secs. (3) and (4) of Sec. 8-A, if preferred within sixty days of such order, shall lie to the Board of Revenue which shall dispose of the appeal according to the prescribed procedure :
Provided that if such order is passed by Officer other than the Collector of the district, an appeal if preferred within sixty days of such order shall lie to the Board of Revenue which shall dispose of the appeal according to the prescribed procedure :
Provided further that if such order is passed by Officer other than the Collector of the district, an appeal if preferred within sixty days of such
order shall lie to the sa
(1) With effect from the date of vesting all such mines comprised in the estate as were operation at the commencement of this Act and were being worked directly by the Commencement of this Act and were being worked directly by the Intermediary shall, notwithstanding anything contained in this Act, be deemed to have been leased by the State Government to the Intermediary and such Intermediary shall be entitled to retain possession of those mines as a lessee thereof.
(2) The terms and conditions of the said lease shall be such as may be agreed upon between the State Government and the Intermediary or in default of agreement, as may be settled by a mines Tribunal appointed under Sec. 13 :
Provided that all such terms and conditions shall be in accordance with the Provisions of any Central Act for the time being in force regulating the grant of new mining leases.
(1) Notwithstanding anything contained in the Act, where immediately before the date of vesting of the estate there is a subsisting lease of mines or minerals comprised in the estate or any part thereof, the whole or that part of the estate comprised in such lease shall, with effect from the date of vesting, be deemed to have been leased by the State Government to the holder of the said subsisting lease for the remainder of the term of that lease, and such holder shall be entitled to remain possession of the lease-hold property.
(2) The terms and conditions of the said lease shall mutatis mutandis be the same as the terms and conditions of the subsisting lease referred to in Sub-section (1), but with the additional condition that, if in the opinion of the State Government the holder of the lease had not, before the date of the commencement of this Act, done any Prospecting or deve
Where by virtue of Section 10 or Section 11 any lease of mines and minerals comprised in an estate is deemed to be given by the State Government, all buildings and lands not included in such lease, whether comprised in that or any other estate, which vests in she State Government by operation of this Act and are in the use and occupation of the leasee for purposes connected with the working or extraction of the mines and minerals comprised in the lease, including the lands upon which any works, machinery, tramways or sidings appertaining to the mines are situate, shall be deemed to have been leased by the State to that lessee with effect from the date of vesting of the estates shall be entitled to retain possession of all such buildings and lands subject to the payment of such fair and equitable ground rent as may be agreed upon between the State Government and the lessee, or in default of agreement as may be fixed by a Mines Tribunal appointed under Section 13.
(1) Any Mines Tribunal appointed for the purposes of Sections 10, 12 and 36 shall consist of a Chairman who shall be a District judge and a member who shall be a mining expert, and subject to the approval of the Central Government they shall be appointed by the State Government.
(2) In settling the terms and conditions of a lease by the State Government under Section 10 the Mines Tribunal shall have power to determine the extent of the property deemed to have been leased by the State Government and in so doing shall have due regard to the reasonable requirements for the future development of the lessee's mining concern.
(3) The Tribunal shall follow such procedure as may be prescribed by the State Government.
(4) If there is a difference of opinion between the Chairman and the member in reg
(1) There shall be constituted local authorities to be called Anchal Sasans for the Purpose of management of all estates vested in the State Government under the provisions of this Act.
(2) The Anchal Sasan constituted under Sub-section (1) shall for the purpose of such management, have jurisdiction over such suitable administrative units as may be notified by the State Government from time to time and such units so notified shall be called Anchals for the purpose of this Act.
(3) An Anchal Sasan constituted under Sub-section (1) shall consist of-
(i) Anchal Sabha, and
(ii) Anchal Adhikari.
(4) The powers, duties and functions of the Anchal Sasan and the constitution of the Anchal Sabha shall be an Act
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1. Omitted vide Orissa Act No. 23 of 1957.
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1. Omitted vide Orissa Act No. 23 of 1957.
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2[Savings - All proceedings pending before the Anchal Adhikari is in any capacity under the provisions of the said Act or the rules made thereunder at the commencement of the Orissa Estates Abolition (Amendment) Act, 1957 shall be continued by the appropriate authorities under the provisions of this Act as amended by the Orissa Estates Abolition (Amendment) Act, 1957, and the provisions of Section 5 of the Orissa General Clauses Act, 1937 shall apply in regard to the Sections repealed under Section 7 of the Orissa Abolition (Amendment) Act, 1957.]
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1. Omitted vide Orissa Act No. 23 of 1957.
(1) (a) Every creditor whose debt is secured by the mortgage of, or is a charge on any estate 3[or estates] or part thereof vested in the State Government under Section 3, 4[or Section 3-A] may, within six months from the date of such vesting or from the date on which such creditor is dispossessed under the provisions of clause (b) of Section 5 or within three months from the date of appointment of the claims Officers, whichever date is later, notify in the prescribed manner his claim in writing to a claims officer to be appointed by the State Government for the purpose of determining the amount of debt legally and justly payable to each such Creditor in respect of his claim.
(b) Every maintenance-holder in an estate succession to which is governed by the law of Primogeniture, who is in receipt of a monetary allowance in lieu of maintenance, which is a charge on the estate or pa
Every creditor or maintenance-holder submitting claim under Section 18 shall furnish along with his written statement of claim, full particulars thereof; and shall, within tsuch time as the Claims Officer may appoint, produce all documents which are in his possession, power or control (including entires in books of accounts) on which relies to support his claim, together with a true copy of every such document.
(1) As soon as a claim is notified to the Claims officer under Sub-section 18, of section the Claims Officer shall intimate the details of the claim to the Compensation Officer appointed under Sec. 23 in respect of the estate 2[or estates] on which the claim is notified.
(2) Where the claim is 2[by a creditor in respect of more than one estate under Clause (a) or for maintenance under Clause (b)] of the Sub-section the Compensation Officer on receipt of such information from the Claims Officer shall intimate to the Claims Officer the amount of net income computed by him under Section 27 in respect of the estate [or estates] relating to such claim :
Provided that in respect of the claims already filed under Section 18 prior to the date of commencement of the Orissa Estates Abolition (Second Amendment) Act, 1956 (Orissa Act 28 of 1956) 2
(1) The Claims Officer shall, in accordance with the rules prescribed, determine the principal amount legally and justly due to each creditor and the interest (if any), due at the date of such determination in respect of such Principal amount.
(2) In determining the principal amount and interest under Sub-section (1), the Claims Officer shall, notwithstanding the provisions of any agreement or law to the contrary, proceed in the following manner:
(a) he shall ascertain the amount of the principal originally advanced in each case, irrespective of the closing Of accounts, execution of fresh bonds or decree or order of a Court :
(b) he shall ascertain the amount of the interest already paid or realised and shall set off towards the amount of the principal any amount paid or realised as simple in
(1) After determining the claim of the creditor or a maintenance-holder under Section 20 the Claims Officer shall communicate his award to the Compensation Officer concerned.
[(2) In the case of awards made prior to the commencement of the Orissa Estates Abolition (Second Amendment) Act, 1957, the Claims Officer shall revise such awards as are referred to him by that Compensation Officer and shall apportion the claim as provided in Sub-section (4) of Section 20.]
An appeal shall lie against any decision of the Claims Officer under Section 20, within sixty days of such decision in the manner provided in Section 22.
(1) An appeal under Section 21 shall lie to-(a) the High Court, if the appeal preferred involves a claim exceeding ten thousand rupees; (b) the respective District judges to be notified in this behalf, if such appeal involves a claim which does not exceed ten thousand rupees; Provided that in case of claims heard by a District Judge under the proviso to Subsection (2) of Section 18, the appeal shall lie to the High Court.
(2) An appeal filed before a District judge under the proceeding Sub-section shall be disposed of according to the prescribed procedure.
(3) Appeal pending before the Boards prior to the commencement of the Orissa Estates Abolition (Second Amendment) Act, 1957, shall stand transferred to the appropriate appellate authorities specified in Sub-section (1).
(4) The decision
As soon as possible after the publication of notification under Sub-section (1) of Section 3, 1[or Sub-section (1) of Section 3-A] the State Government shall appoint on or more officers to be designated as Compensation Officers who shall prepare in the prescribed form and in the prescribed manner a Compensation Assessment-roll containing the gross asset and net income of each estate and the compensation to be paid in accordance with the provisions of this Act in respect of such estate together with such other particulars as may be prescribed.
The compensation shall be determined for the estate as a whole in accordance with the provisions of this Act and not separately for each of the shares therein.
Explanation I - No partition applied for under the Estates partition Act, 1897 (Bengal Act 5 of 1897), or any other law or custom for the time being in force, or no recognisation by an intermediary in respect of the Division of a tenure under any law or custom for the time being in force, subsequent to the 17th day of January, 1950, shall be taken into consideration for purpose of assessment and payment of compensation under this Act.
Explanation II - Tenures and under tenures under an Intermediary shall be treated as a separate estates for the purpose of Chapters V and VI.
2[Explanation III - Minor Darmilla Inams referred to in Sect
Notwithstanding anything contained in Clause (2) of Section 28 the Compensation Officer in preparing the Compensation Assessment-roll shall, where a trust has been created on or after the 1st Day of January, 1946, in respect of an estate and where compensation shall be assigned as a perpetual annuity, obtain the previous sanction of the State Government :
Provided that it shall be competent for the State Government to refuse such sanction.
For the purpose of this Chapter-
(1) "Previous agricultural year" means the agricultural year immediately preceding that in which the date of vesting falls;
(2) "gross asset" when used with reference to an estate means the aggregate of the rents, including all cesses, which were payable in respect of the estate for the previous agricultural year-
(a) by the immediately subordinate Intermediary in case such immediately subordinate Intermediary is an Intermediary of a permanent or resumable tenure;
(b) by the raiyats or any other persons cultivating the land other than the land settled with the Intermediary or Intermediaries under sub-section (1) of Section 7 and includes-
(i) the aggregate of the rents det
(1) For the purposes of preparing compensation assessment roll the net income from an estate shall be computed by deducting from the gross assets of such estate the following namely :
(a) Any sum which was payable as land revenue or rent including ceases to the State Government or to the immediately superior Intermediary, as the case may be, in respect of the estate for the previous agricultural year :
Provided that where rent of a holding comprised in such estate has been commuted into cash rent and there has been no revaluation of the cess payable in respect of that estate, the cess payable under this clause shall be determined on the basis of the commuted rent;
(b) Any sum which was payable in respect of such estate as agricultural income-tax in respect of any agricultural income derived f
After the net income has been computed under Section 27 the Compensation Officer shall, for the purpose of preparing the Compensation Assessment Roll, proceed to determine the amount of compensation to be payable in respect of the transference to the State Government of the interests in respect of each estate as follows :
(1) in the case of a permanent or resumable estate the compensation payable shall be determined in the following manner, namely :
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Amount of net income Rate of compensation payable
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Nothing in the foregoing section shall operate to modify the terms of any agreement between the Intermediary and the State Government under Section 4.
(1) The Compensation Officer shall prepare in the prescribed form and in the prescribed manner a compensation Assessment roll containing in respect of every Intermediary in respect of royalties on account of mines and minerals or directly working mines comprised in the estate-
(a) his gross income and net income from such royalties;
(b) his gross income from mines worked directly by him and the amount deemed to be his net income from royalties in respect of such mines;
(c) the amount of compensation payable to him under the provision of this Act for mines and minerals ; and
(d) such other particulars as may be prescribed.
(2) For the purposes of Clause (a) of Sub-section (1) the gross income of an Interm
(1) After the amount of compensation to be paid in respect of an estate which has vested in the State under the provisions of this act has been determined in accordance with the provisions of Section 28 and 30 the Compensation Officer shall ascertain by such enquiry as he deems fit the shares possessed by each share-holder in the estate and apportion the compensation among the co-sharers in proportion to their shares. He shall then cause a draft of the Assessment Roll to be published in the prescribed manner and for the prescribed period which shall not be less than thirty days and shall send by registered post with acknowledgment due 2[or otherwise to his satisfaction] a copy of such draft to the Intermediary whose name appears in such draft Compensation Assessment Roll or in case of his death, to his legal representative. The Compensation Officer shall receive and consider any objection which may be made to any entry in suc
(1) An appeal if presented within one month from the date of the order's appealed against shall lie from every order passed by a Compensation Officer under Sub-sec. (i) of Sec. 31 to the Collector of the district.
(2) All appeals pending before the High Court on the date of Commencement of the Orissa Estates Abolition (Amendments) Act, 1962 (Orissa Act 16 of 1962) shall stand transferred to the Collector of the District having jurisdiction.
Any person aggrieved by any order passed by the Collector under Sec. 32, may within one month from the date of the order, prefer an appeal before the Board of Revenue.
Any person aggrieved by an appellate order passed under Sec. 32-A, may within one month from the date of the order, file an application before the High Court for revision of such order on the ground that the decision is not in conformity with the law.]
When all such 1[objections, appeals and revisions] have been disposed of, the Compensation Officer shall make such alteration is the Compensation Assessment Roll as may be necessary to give effect to any orders passed 1[on such objections, appeal and revisions as aforesaid] and shall cause the said roll as so altered to be finally published, in the prescribed manner and every entry in the roll so finally published shall, except as here in after provided be final and conclusive evidence of the matter referred to in such entry and also of the nature of the interests of an intermediary and the apportionment of the compensation among the persons claiming interests therein :
Provided that nothing contained in this Act shall after the right of any person to establish his claim in respect of any estate or part thereof by due process of law in the Court having jurisdiction.
When a Compensation Roll has been finally published under Sec. 33, the Compensation Officer shall, within such time as the State Government may by general or special order require, endorse a certificate stating the fact of such final publication and the date thereof, and shall date and subscribe the same with his name and official designation and such certificates shall be conclusive proof of such publication and of the date thereof.
(1) A Compensation Officer may, on application or of his own motion, at any time before payment of compensation in accordance with a Compensation Assessment-roll under Section 37, correct any entry in the Compensation Assessment Roll as finally published in respect of any estate to which such Compensation Assessment roll relates or any entry in such Compensation Assessment roll which, he is satisfied, has been made owing to a bona fide mistake or is necessary as a result of succession to or transfer of the interest of an intermediary or any other person whose name appears in such roll as a person entitled to compensation :
Provided that no such correction shall be made if an appeal affecting such entry has been presented under Section 32 :
2[Provided further than after the disposal of such appeal, if any, on an application by an Interm
(1) Wherein pursuance of the additional condition mentioned in Sub-sec. (2) of Sec. 11 any lease of mines or minerals in terminated by the State Government, the lessee shall be entitled to such compensation from the State Government for the premature termination of the lease as may be agreed upon between the State Government and the holder of the lease or in default of agreement as may be determined by a Tribunal appointed under Sec. 13.
(2) In determining the compensation payable under Sub-sec. (1), the Tribunal shall among other things, have regard to the genuiness of the transaction and the period for which the lease has been in force.
(1) 6[After final publication of the Compensation Assessment roll under Sec. 33] the Compensation Officer shall proceed to make payment, in the manner provided in this Section, to the intermediary and other person or persons who are shown in such compensation Assessment roll 5[* * *] to be entitled to compensation, of the compensation payable to them in terms of the said roll after deducting from the amount of any compensation so payable any amount which has been ordered by the Collection under Clause 2 (b),(d) or (k) of Section 5 to be so deducted :]
1[Provided that where compensation is payable by way of a perpetual annuity under Section 4 or clause (2) of Sec. 28 the deduction under any one or more of the aforesaid clauses of Sec. 5 shall not together exceed thirty five per centum of such annuity :]
2[Provided further that in cases
(1) The compensation for the acquisition of estates under this Act shall be due as from the date of vesting and shall carry interest the rate of two and a half per centum from the date of vesting to the date of payment.
(2) Where under the provisions of Sub-sec. (3) of Sec. 37 the first annual payment is not made within the period of one year from the date of vesting the 1[Collector] shall, subject to such restrictions and conditions as to security, repayment or otherwise as may be prescribed 1[make] payment to each such Intermediary of interim compensation 1[in annual instalments each equal to one-thirtieth of the estimated amount of compensation.]
2[Provided that where in the opinion of the Collector default in submission of records and documents, as are required of an intermediary under the provisions of this Act, has caused delay i
Any decision made or order passed under this Act, whether before or after the commencement of the Orissa Estates Abolition (Amendment) Act, 1973 (other than a decision or order against which an appeal or revision has been preferred under this Act may, within one year from the date of the decision or order, as the case may be, and after giving all persons interested an opportunity of being heard, be reviewed by the officer who made the decision, or passed the order, or his successor in office on the ground that there has been a clerical or arithmetical mistake in the course of any proceeding under this act.]
CASE LAWS :
Review power - It is limited to correct clerical or arithmetical mistakes : 1999 (II) OLR (SC) 151.
Orissa Board of Revenue Act, 1951 - Sec. 7(1) - Power of Review - Review i
(1) The 2[Board of Revenue] may, on its own motion or on a report from the Collector, call for and examine the record of any proceeding in which any authority subordinate to the 2[Board of Revenue] has made any decision or passed an order under this Act (not being a decision against which an appeal has been preferred to the High Court or the District Judge under (Sec. 22) for the purpose of satisfying itself as to the regularity of such proceeding or the correctness legality or propriety of such decision or order and if in any case it appears to the 2[Board of Revenue] that any such decision or order ought to be modified, annulled, reversed or remitted, it may pass order accordingly.
3[(2) The Board of Revenue shall not -
4[(i) * * *]
(ii) revise any decision or order under this Section witho
The Orissa Estates Abolition Act, 1951, was enacted to abolish the rights of intermediaries in land and to facilitate the transfer of land rights to the actual cultivators. Section 38(b) specifically deals with the revisional powers of the Board of Revenue concerning decisions made under the Act.
Section 38(b) empowers the Board of Revenue to call for and examine the records of any proceeding in which any authority subordinate to it has made a decision or passed an order under the Act. This provision allows the Board to revise such decisions to ensure legality and propriety.
The scope of Section 38(b) includes:- Correction of Errors: The Board can correct errors or illegalities in decisions made by lower authorities.- Ensuring Justice: The provision aims to prevent miscarriages of justice by allowing for the review of potentially erroneous decisions.- No Time Limit: There is no specific time limit prescribed for the exercise of this power, allowing for flexibility based on circumstances.
While Section 38(b) itself does not prescribe punishment, it is linked to the broader framework of the Act, which may impose penalties for contraventions of its provisions.
This commentary provides a comprehensive overview of Section 38(b) of the Orissa Estates Abolition Act, 1951, highlighting its significance, scope, and the legal principles surrounding its application.
No suit shall be brought in any Civil Court in respect of any entry in or omission from a Compensation Assessment roll or in respect of any order passed under Chapters II to VI or concerning any matter which is or has already been the subject to any application made or proceeding taken under the side Chapters.
CASE LAWS :
No orders passed relating to Chapters II to IV of O.E.A.Act and provisions of Sec. 5(i) not applicable and the order under Sec. 8(1) of the Act is without jurisdiction - So, Sec. 39 is not a bar - Civil suit is maintainable : 1986 (II) OLR 427.
Application under Sec. 18(1) pending - Suit for reduction of the maintenance charge - Not maintainable - Civil Court has no jurisdiction to entertain the suit : AIR 1965 Ori. 138.
Bar of
The State Government may by notification, direct that any power which is conferred on them by this Act shall in such circumstances and under such conditions, if any, as may, be specified in that direction, be exercised or discharged by any officer not below the rank of a member of the Board of Revenue subordinate to the State Government.
(1) 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 in pursuance of this Act or any rules made thereunder.
(2) No suit or other legal proceeding shall lie against the state for any damage caused or likely to be caused or any injury suffered of likely to be suffered by virtue of any provisions of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
The Collector for the purposes of inquiries under 1[Sections 5,6,7, 7-A & B-A] Claims Officer for the purpose of inquiries under Section 20, or Compensation Officer for the purpose of inquiries under Chapters V and VI and a Tribunal for the purpose of 1[Sections 8-E, 13, 30 & 36] shall have power to summon and enforce the attendance of witnesses of any person having an interest in the subject matter of suit inquiry and to compel the production of documents by the same means and so far as may be, in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.
(2) Every such inquiry conducted by the Collector or a claims Officer or a Compensation Officer or a Tribunal shall be deemed to be a "Judicial Proceeding" within the meanings of Section 193 and 223 and for the purposes of Section 196 of the Indian Penal Code, (XLV of 1860) and every sta
The Collector, the Claims Officer or the Compensation Officer may, by written order require any person to produce such documents, papers and registers or to furnish such information as the Collector, Claims Officer or the Compensation officer may deem necessary for the proper discharge of his powers and duties under the different provisions of this Act.
If any person wilfully fails or neglects to comply with any lawful order passed under this Act or contravenes any such order or offers resistance or obstruction to the taking by the Collector of charge or possession of any property which has vested in the State under this Act or furnishes information which he knows or has reason to believe to be fallse or does not believe to be true, he shall, on conviction by a Magistrate, be punishable with imprisonment which may extend to two years or with fine or with both :
Provided that no prosecution under this section shall be undertaken except with the previous sanction of the State Government.
Every educational or other charitable institution which was being maintained during three continuous years before the date of Vesting may, if the Intermediary is agreeable, be maintained by Government if it is considered one for public benefit.
When the interest of any Intermediary in an estate which is under the management of the State Government under the Orissa Court of Wards Act, 1947 (Orissa Act 26 of 1947), or under any law for the time being in force relating to the management of private estates by the Government, is transferred to the State under the provisions of this Act, then notwithstanding anything contained in the aforesaid Acts, the estate shall vest in the State and the provisions of the said Acts shall cease to apply to the said estate and all the provisions of this Act shall apply.
(1) The State Government may, after previous publication, make rules, not inconsistent with the provisions of this Act, for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely-
(a) the mode of service of any orders or notices issued under this Act;
(b) the forms to be used this Act;
(c) the time within which applications and appeals may be presented under this Act, in cases for which no specific provision in that behalf has been made herein;
(d) the application of the provisions of the Code of Civil Procedure, 1908 (V of 1908), and the Indian Limited Act, 1908 (IV of
With effect from the date of publication of the notification 2[in the Gazette] under Section 3, 1[or Section 3-A]2[or the date of execution of the agreement under Section 4 as the case may be] in respect of an estate-
(a) the Bengal Permanent Settlement Regulation, 1793, (Bengal Regulation 1 of 1793), the Madras Permanent Settlement Regulation, 1802) Madras Regulation 25 of 1802, the Madras impartible Estates Act, 1904 (Madras Act to of 1904 and the Madras Estates Land Act, 1908 (Madras Act 1 of 1908) shall be deemed to have been repealed in their application to that estate it if has been governed by any of those Acts or Regulations immediately before that date;
(b) the Central Provinces Land Revenue Act, 1881, (Central Provinces Act 17 of 1881), the Central Provinces Tenancy Act, 1898, (Central Provinces Act 11 of 1898), the Central Pr
(1) Nothing contained in this Act shall in any way affect :
(i) any proceedings pending on the date of vesting with respect to the survey and settlement operations under any of the tenancy laws and any other proceedings before any court or Tribunal on the aforesaid date under any of the said laws; and all such proceedings shall continue as if this Act had not come into force;
(ii) any cause of a action arising under any of the tenancy laws prior to the date of vesting and any right of appeal, review or revision arising out of any proceedings with respect to such causes of action; and
(iii) the right of any Intermediary to recover any arrears of rent, cesses or other dues which accrued before the vesting and the same shall, notwithstanding anything contained in this Act be recoverable as hereto
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, do anything which appears to them necessary for purpose of removing the difficulty].
THE SCHEDULE
[See Section 3-B-(2)]
Form of application under Sec. 3-B(2) of the Orissa Estates Abolition Act, 1951
To
2[THE COLLECTOR]..................
Sir,
WHEREAS the Government of Orissa have published a notification in the Orissa Gazette dated.............. declaring that all intermediary interests in the whole of the State of Orissa/the District/District of................. have passed to and become vested in the State free from all encumbrances, I ................................./I, authorised agent of ................ son/daughter/wife of ................. resident of village/town............... Thana.................. District................... beg
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