Orissa Land Reforms Act, 1960
-(1) This Act may be called the Orissa land Reforms Act, 1960.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force in whole or in part, on such date or dates as the Government may from time to time by notification appoint; and different dates may be appointed for different provisions of this Act.
Case Laws :
The State Government appointed : The 1st day of October 1965- to be the date on which the Act excepting Chapters III & IV to come into force vide notification No.63382 dated 25.9.1965.
The 9th day of December, 1965- to be the date on which the Chapter-III of the Act to come into force vide Notification No.78619 dated 8.12.1965.
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In this Act unless there is anything repugnant in the subject or context -
(1) "agriculture" includes the raising of crops, grass or garden produce, horticulture, dairy farming, breeding and keeping of livestock and use of land as pasture or for forest or for any other purpose where such use is ancillary to agriculture;
Case Laws :
Agriculture means the science or art of cultivating the soil including the allied pursuit of gathering the crops and rearing lively stocks, till age, husbandry, farming. Agriculture has much wider import than cultivation : 17 Cal. L.J. 411.
Horticulture means the cultivation of a garden including growing of flowers, fruits and vegetables.
In a part of the Raiyati holding whi
The Orissa Land Reforms Act, 1960, was enacted to address issues related to land tenure, ownership, and the rights of tenants in the state of Orissa. Section 2 of the Act provides essential definitions that lay the groundwork for understanding the rights and obligations of various stakeholders in land transactions and ownership.
Section 2 of the Orissa Land Reforms Act, 1960, outlines the definitions of key terms used throughout the Act. This includes definitions for "raiayat," "land," "holding," and other relevant terms that are crucial for interpreting the provisions of the Act.
The scope of Section 2 is broad as it encompasses various definitions that apply to the entire Act. This section is foundational for understanding the rights of tenants, the nature of land holdings, and the legal framework governing land transactions in Orissa.
Section 2 itself does not prescribe any punishments; rather, it serves as a definitional section. However, violations of the provisions defined in this section may lead to penalties as outlined in other sections of the Act.
This commentary highlights the significance of Section 2 of the Orissa Land Reforms Act, 1960, in establishing a clear legal framework for land reforms in the state.
Save as otherwise provided the provisions of this act shall have effect, notwithstanding anything to the contrary in any other law, custom or usage or agreement, decree or order of Court.
Case Laws :
The provisions of the Act shall be given effect to under Sec. 3 notwithstanding anything to the contrary in any other laws (even judge-made law recognising a vested right of suit), custom, usage, agreement, decree or order of Court. The scheme of the Act clearly indicates that there is a hierarchy of authorities to administer the provisions of this act and those authorities are competent to decide all questions of fact and law which fall to be considered under any of the provisions of the Act. Thus apart from creating a complete code which authorises investment of powers in the said hierarchy of authorities to administer the Act, it also cr
(1) The following persons shall be deemed to be raiyats for the purpose of this Act in respect of the lands held by them namely :
(a) persons holding lands immediately before the commencement of this Act or at any time thereafter with rights of occupancy under or within meaning any law for the time being in force;
(b) a raiyat in the districts of Angul and Kondhamals within the meaning of the Angul Laws Regulations, 1963 (4 of 1963) and the Khondmals Laws Regulation, 1963 ( 5 of 1963) respectively;
(c) a raiyat in a raiyatwari village in the Sambalpur or Baragarh subdivision of the district of Sambalpur within the meaning of Central Provisions Land Revenue Act, 1881 (Act 18 of 1881)
(d) a person, who under an inamdar of an inam which is not an estat
The Orissa Land Reforms Act, 1960 was enacted to regulate land tenure and promote agrarian reforms in the state of Orissa. Section 4 of the Act specifically addresses the classification of individuals as "rai-yats" (tenants) and outlines the conditions under which they may be recognized as such.
Section 4 defines who shall be deemed to be a raiyat for the purposes of the Act. It includes various categories of individuals who hold land, including those in personal cultivation and those recorded as sub-tenants or under-raiyats.
The scope of Section 4 extends to various categories of tenants, including Sikimi tenants, and establishes their rights concerning land ownership and cultivation. It also sets the framework for determining the status of individuals claiming rights over land.
While Section 4 itself does not prescribe punishments, violations related to the rights and classifications established under this section may lead to legal disputes and potential penalties as determined by subsequent sections of the Act.
For removal of doubts it is hereby declared that, save as otherwise provided in this Act either expressly or be necessary implication the rights in land in any area held by a person who is a raiyat within the meaning of this Act shall be in addition to and not in derogation 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.
Note - Unless the right of a raiyat are contrary to the terms of the statute, even by implication, the same rights shall be in addition to his rights under the statute.
(1) The rights of a raiyat in any land held by him as such shall be permanent heritable and transferable.
(2) Notwithstanding anything in Sub-section (1) 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 raiyat shall be void and inoperative.
(3) It shall be lawful for a raiyat who is a person under disability or is privileged raiyat to lease out his lands to any tenant.
Case Laws :
Lease has been defined under Sec. 105 of the Transfer of Property Act as "A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of
The Orissa Land Reforms Act, 1960 was enacted to address agrarian issues in the state of Odisha, India. It aimed to reform land tenure systems, promote equitable distribution of land, and protect the rights of tenants (raiyats). Section 6 specifically deals with the rights of raiyats and the prohibition of letting land.
Section 6 of the Orissa Land Reforms Act, 1960 establishes that the rights of a raiyat in any land held by him are permanent, heritable, and transferable. This provision ensures that tenants have secure rights over the land they cultivate.
The scope of Section 6 extends to all lands held by raiyats, ensuring that their rights are protected against arbitrary eviction or dispossession. It also lays the groundwork for the legal framework governing land transactions involving raiyats.
While Section 6 itself does not prescribe specific punishments, violations of the rights established under this section may lead to legal actions against landlords or others who attempt to infringe upon these rights.
(1) Notwithstanding anything contained in Sub-section (1) of Section 6, but subject to the provisions of Sub-section (3) thereof any transfer by a raiyat of any land which has been settled with him for agricultural purpose under a permanent lease from Government shall, if such transfer is made within 2[a period of ten years] from the date of such settlement without obtaining the previous permission in writing of the Revenue Officer, be void.
(2) No right, title or interest held by a raiyat in any such land 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) Notwithstanding anything contained in any other law for the time being in force, where any documents required to be registered under the provision of C
1[(1) The rights of a tenant in any land held by him as such shall be heritable, but not be transferable.]
(2) 2[Save as otherwise provided in this Act -
(a) no tenant in lawful cultivation of any land at the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973) or at any time thereafter shall be liable to be evicted from such land by the landlord;
(b) no such tenant shall be bound to pay rent at a rate higher than the rate specified in Section 13; and
(c) the rights, benefits, protection, privileges, obligations or liabilities of any tenant in lawful cultivation of any land at the commencement of Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973) as where existing immediately prior to such c
(1) Subject to other provisions of this Act and notwithstanding any contract, custom or usage or decree or order of any Court, a raiyat shall be liable to eviction only if he -
(a) has used the land comprised in his holding in a manner which renders it unfit for the purposes of agriculture; or
(b) has leased out the land in contravention of the provisions of Section 6 or has failed to cultivate the land personally; or
(c) has used of the land for any purpose other than agriculture.
Explanation - The construction of a house for the residence of the raiyat and his family members together with all necessary out-houses shall be deemed to be for agricultural purposes.
(2) A raiyat liable to eviction under Su
-(1) Notwithstanding anything contained in Section 8 -
(a) the authorised officer may, where an application is made to him by a raiyat in the prescribed form for conversion of the use of any agricultural land belonging to him for purposes other than agriculture, allow such conversion, if he is satisfied that such conversion shall not violate -
(i) any master plan, improvement scheme, development plan or town planning scheme, made or published under the Orissa Town Planning Improvement Trust Act, 1956 (Orissa Act 10 of 1957) or under the Orissa Development Authorities Act 14 of 1982 or under any law for the time being in force and applicable to such land; and
(ii) any other condition or conditions as may be prescribed for the purpose of dealing with bona fide cases of such conversions.
(1) Every person who is a raiyat or a tenant in respect of any land but has no permanent and heritable rights in respect of any site on which his dwelling 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 of such site or a portion thereof not exceeding one-fifth of an acre whichever is less if he or his predecessor-in-interest has -
(a) obtained permission, express or implied, from the person having permanent and heritable rights in the site and having right to accord permission for the construction of such house; and
(b) built such house at his own expense.
Explanation - (i) 1[* * *]
2[(ii) Lands to be held as raiyat in pursuance of this sub-section shall be so determin
The provisions of Section 9 shall mutatis mutandis apply to the dwelling houses constructed by agricultural labourers and village artisans and the sites on which such houses stand.
Explanation - If such labourer or artisans or his processors-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 permission for the construction of the house, the fact of occupation shall be conclusive proof that permission had in fact been so accorded.
CASE LAWS :
The expression "Mutatis mutandis" means with the necessary changes in points of detail. So the provisions of Section 9 are to be adopted and applied to the dwelling houses of agriclutural labourers and village artisans with modifi
(1) Every transfer of the holding of a raiyat or a portion or share thereof by way of sale, exchange or gift shall be made by a registered instrument except in the case mentioned in Sub-section (4).
(2) The Registration Officer shall not accept for registration any such instrument unless the rent of such holding or a portion or share thereof is stated separately in the instrument and unless it is accompanied by a notice signed by the transferrer and the transferee giving particulars of the transfer.
(3) In the case of a transfer of a holding or a portion or share thereof by request, the Court shall, before granting probate or letters of administration, require the applicant to file a notice giving particulars of the transfer.
(4) When the holding of a raiyat or portion or share thereof is s
(1) Any dispute between a raiyat and his landlords relating to -
(i) the landlord's right to evict the raiyat under Section 8; or
(ii) the rights conferred under Section 4, 9 and 10; or
(iii) the raiyat's right to possession of land and his rights to the benefits under this Act;
shall be decided by the Revenue Officer on an application to be filed by any person interested :
Provided that such application shall be filed before the Revenue Officer in the prescribed manner within sixty days from the date on which the dispute arises.
(2) on receipt of an application under Sub-section (1) the Revenue Officer shall, after making such enquiry as may be necessary pas
(1) No landlord shall be entitled to cover from his tenant more than one-fourth of the gross produce of the land or the value thereof or the value of one-fourth of the estimated produce as rent.
1[* * *]
2[So however that such rent shall in no event exceed the fair rent in respect of such land.]
(2) When rent is payable in kind, it shall be paid within a period of two months after the month in which the harvesting of the crop is completed and at such place in the village in which the land is situated as may be specified in that behalf by the landlord.
1. Omitted vide Orissa Act No. 13 of 1965.
2. Added ibid.
(1) A landlord may evict his tenant only if such tenant -
(a) has 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, the rent within a period of two months from the last day by which it becomes payable, there being no dispute regarding the quantum of such rent.
1[(2) Without prejudice to the provisions of Sub-section (1), 2[but 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 of the year during which the disability cease
(1) Any claim for recovery of arrears of rent by a landlord and any dispute between a landlord and his raiyat or tenant, as the case may be, regarding -
(a) the quantum of the rent payable; or
(b) tenant's possession of the land and his rights to the benefits under this Act; or
2[(c) the right of the landlord terminate the tenancy of a tenant under Section 14 of the liability of tenant to cease to cultivate the land under that Section; or]
3[(d) the existence of the relationship of the landlord and tenant;]
shall be decided by the Revenue Officer on an application to be filed 2[in the prescribed manner] by any party interested.
3[Provided that an application i
If any dispute arises as to the identity of the tenants in cultivation of any land such dispute shall after such inquiry as may be prescribed be decided by the Revenue Officer on his own motion or on the application of the landlord any person claiming to be in such cultivation and the Revenue Officer may pass such order as he may deem necessary.
Case Laws :
Dispute regarding identification of tenant to be decided by Revenue Officer under Orissa Land Reforms Act. Consolidation authorities cannot decide the same : Purusottam Choudhury v. Commissioner, Consolidation : 2001 (II) OLR 202.
"Sec. 16 of the Act provides that if any doubt arises as to the identity of the tenant in cultivation of any land, such dispute shall, after such enquiry as may be prescribed, be decided by the Revenue Officer o
(1) A tenant who makes payment on account of rent to his landlord or his agent shall be entitled to a written receipt for the rent paid by him, signed by the landlord or his agent, as the case may be.
(2) The landlord or his agent shall prepare and retain the counter-foil of the receipt so granted by him.
(3) The receipt and counter-foil shall specify such particulars as may be prescribed.
(4) If a receipt does not contain substantially the particulars required by Sub-section (3), it shall be presumed, until the contrary is proved to be a valid 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, refuses or neglects to deliver to a tenant a receipt
(1) If, in contravention of any of the provisions of this Act, a landlord or his agent realises from a raiyat or tenant anything in excess or the rent lawfully payable or deliverable evicts the tenant from the land or interferes without sufficient cause with the tenant's cultivation of the land, the Revenue Officer may, after making such enquiry as he deems fit, impose on such landlord or his agent or both, a penalty not exceeding five hundred rupees or when double the amount or value of what has been so realised exceeds five hundred rupees not exceeding double the amount or value :
Provided that no landlord or his agent shall be liable to the penalty, provided 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 landlord and his agent in the
(1) No partition of a holding among co-sharer raiyats shall be valid unless, made by -
(a) a registered instrument; or
(b) a decree of a Court; or
(c) an order of the Revenue Officer in the manner prescribed, on mutual agreement.
(2) When the partition is effected as provided in Clause (a) of Sub-section (1), the Registering Officer shall not admit for registration any instrument unless it is accompanied by a notice in the prescribed form with the prescribed particulars and the fee prescribed for the service of such notice.
(3) The notice referred to in the preceding sub-section shall be transmitted to the Revenue Officer who shall cause it to be served on the landlord or his agent named in the notice i
(1) If the holding of a raiyat or a portion thereof is lost by diluvion, the rent of the holding shall, on application made by the raiyat in the prescribed manner to the Revenue Officer, be remitted or reduced by an amount as the Revenue Officer may consider fair and equitable.
(2) The right, title and interest of the raiyat shall subsist in such holding or portion thereof during the period of loss by diluvion not exceeding twenty years and subject to the provisions of Section 52, the raiyat shall on its re-appearance 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.
Any land gained by gradual accretion to any holding whether from the recess of a river or of the sea, subject to the provisions of Section 52 may ordinarily form a part of such holding and the raiyat thereof shall be liable to pay such additional rent as may be determined by the Revenue Officer.
Case Law :
The English principle on the subject of alluvion is based on justice, equity and good conscience. It is an universal law that a land which has gradually and imperceptibly come out of the river bed and added to the land of a riparian owner becomes part of the land belonging to him and is to be considered as his property : Samsuddin Rahman v. Bihari Das : AIR 1996 SC 2535.
(1) 1[Any transfer] of holding or part thereof by a raiyat, belonging to a Scheduled Tribe shall be void except where it is in favour of -
(a) a person belonging to a Scheduled Tribe; or
(b) a person not belonging to a Scheduled Tribe when such transfer is made with the previous permission in writing of the Revenue Officer :
Provided that in case of a transfer by sale, the Revenue Officer shall not grant such permission unless he is satisfied that a purchaser belonging 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 State Government may, having regard to the law and custom applicable to any area prior to the date of commencement o
Section 22 of the Orissa Land Reforms Act, 1960, establishes restrictions on the transfer of land by members of Scheduled Tribes and Scheduled Castes to non-members, aiming to protect these vulnerable communities from exploitation and preserve their land rights. It forms a crucial part of land reform laws in Odisha, integrating constitutional safeguards with specific land transfer regulations.
"Protection of Vulnerable Communities" - Section 22 is aimed at safeguarding land rights of Scheduled Tribes and Castes from illegal transfers, aligning with constitutional protections under Articles 15 and 17 - [Sources: KARUNAKAR GOND VS PITABAS SAHU, RAM CHANDRA SWAIN VS SUB-DIVISIONAL OFFICER, RAM KRUSHNA PANDA VS SUB-DIVISIONAL OFFICER].
"Void Transfers" - Transfers without prior permission are deemed void ab initio, meaning they have no legal validity from the outset, reinforcing the protective intent of the law - [Sources: KARUNAKAR GOND VS PITABAS SAHU, RAM CHANDRA SWAIN VS SUB-DIVISIONAL OFFICER, RANKA BHUA VS JUBARAJ SARAF].
"Requirement of Prior Permission" - The law mandates obtaining prior written permission from the Revenue Officer before any transfer, highlighting procedural safeguard to prevent illegal alienation - [Sources: RAM CHANDRA SWAIN VS SUB-DIVISIONAL OFFICER, SADHU MEHER VS RAJKUMAR PATEL, Chandan Kumar Sethi VS State of Orissa].
"Burden of Proof" - When transfers are challenged, the burden of proving validity lies on the transferee, emphasizing the need for lawful compliance with Section 22 - [Sources: PRAFULLA KUMAR PATI VS PARAMANANDA SETHI AND SMT. NILAMANI SETHI AND OTHERS, SADHU MEHER VS RAJKUMAR PATEL].
"Legal Consequences of Contravention" - Violations lead to the transfer being declared null and void, and the Revenue Officer has powers to restore possession, ensuring enforcement of land rights - [Sources: KARUNAKAR GOND VS PITABAS SAHU, RANKA BHUA VS JUBARAJ SARAF].
"Protection Against Exploitation" - The restrictions serve to prevent exploitation of weaker communities by outsiders, aligning with the Directive Principles of State Policy and constitutional mandates - [Sources: RAM CHANDRA SWAIN VS SUB-DIVISIONAL OFFICER, PETAMBAR PUJARI VS BHIKARI MEHER].
"Interaction with Other Laws" - Section 22 coexists with laws like the Tenancy Act and the Land Acquisition Act; compliance with all relevant laws is essential for validity of transfers - [Sources: SITARAM PATEL VS COLLECTOR, SAMBALPUR, PRAFULLA KUMAR PATI VS PARAMANANDA SETHI AND SMT. NILAMANI SETHI AND OTHERS].
"Pre-Act Transfers" - Transfers made before the Act's enforcement are subject to different legal considerations; subsequent validation may be necessary - [Sources: HAREKRUSHNA SAMAL VS KASHI MALLIK, Krushna Chandra Barik VS Collector & District Magistrate, Sonepur].
"Penalty for Past Possession" - Penalties can be imposed for illegal possession even after relinquishment, ensuring deterrence and enforcement continuity - [Sources: RAM KRUSHNA PANDA VS SUB-DIVISIONAL OFFICER, JAGANNATH SABAR VS GANA BEWA].
"Judicial Review and Finality" - Orders declaring transfers invalid can be challenged in revenue courts or courts of law; finality of revenue orders is subject to legal scrutiny but generally binding - [Sources: Prafulla Kumar Mishra VS State Of Odisha, HAREKRUSHNA SAMAL VS KASHI MALLIK].
"Legal Validity of Transfer Deeds" - Transfer deeds executed without prior permission are invalid, and courts have consistently held such documents to be null and void - [Sources: RAM CHANDRA SWAIN VS SUB-DIVISIONAL OFFICER, SADHU MEHER VS RAJKUMAR PATEL].
"Role of Revenue Officers" - Revenue Officers play a pivotal role in granting permission and declaring illegal transfers, acting as custodians of land rights for Scheduled Tribes and Castes - [Sources: KARUNAKAR GOND VS PITABAS SAHU, PRAFULLA KUMAR PATI VS PARAMANANDA SETHI AND SMT. NILAMANI SETHI AND OTHERS].
"Constitutional Validity" - Laws restricting land transfer by ST and SC are justified as reasonable restrictions under Article 19(5), considering social justice and public interest - [Sources: RAM CHANDRA SWAIN VS SUB-DIVISIONAL OFFICER, PETAMBAR PUJARI VS BHIKARI MEHER].
"Legal Precedents" - Courts have consistently upheld the validity of restrictions under Section 22, emphasizing their role in protecting weaker sections and maintaining social order - [Sources: Krushna Chandra Barik VS Collector & District Magistrate, Sonepur, Prafulla Kumar Mishra VS State Of Odisha].
"Relevance of Presidential Orders" - The final authority on whether a community is notified as Scheduled Caste or Tribe is the Presidential Order; courts cannot look beyond it for inclusion or exclusion - [Sources: SRIMATI MADANBATI LATH VS S. D. O. , SARALA KUMARI RATH VS KHATI ROUT].
"Legal Effect of Non-Compliance" - Non-compliance with Section 22's permission requirement renders the transfer void, which can be declared by Revenue or Civil Courts - [Sources: RAM KRUSHNA PANDA VS SUB-DIVISIONAL OFFICER, SADHU MEHER VS RAJKUMAR PATEL].
"Protection of Land Rights" - The law aims to prevent alienation that could lead to landlessness among Scheduled Tribes and Castes, promoting social equity - [Sources: RAM CHANDRA SWAIN VS SUB-DIVISIONAL OFFICER, SARALA KUMARI RATH VS KHATI ROUT].
"Legal Remedies" - Affected parties can seek restoration of possession, declaration of invalidity, and penalties through revenue proceedings or civil suits - [Sources: 02200036352, Chandan Kumar Sethi VS State of Orissa].
This concise legal commentary highlights the core provisions, scope, essential ingredients, and judicial interpretations of Section 22 of the Orissa Land Reforms Act, 1960, emphasizing its role in land protection for Scheduled Tribes and Castes, and the legal consequences of violations.
(1) No surrender to the landlord or abandonment of any holding or any part thereof by a raiyat or a tenant shall be valid unless such surrender or abandonment has been previously approved by the Revenue Officer.
(2) Any raiyat or tenant desiring to surrender or abandon his holding or any part thereof may furnish information thereof in writing to the Revenue Officer.
(3) On receipt of information under Sub-section (2), the Revenue Officer may, after making or causing to be made such inquiry and in such manner, as may be prescribed, or order either approve or disapprove the proposed surrender or abandonment :
Provided that no surrender or abandonment shall be disapproved unless the raiyat or tenant, as the case may be, has been given a reasonable opportunity of being heard in the matter.
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The Orissa Land Reforms Act, 1960, was enacted to regulate land tenure and promote agrarian reforms in the state of Orissa, India. One of its key provisions, Section 22, specifically addresses the restrictions on the transfer of land by members of Scheduled Tribes (ST) and Scheduled Castes (SC) to non-Scheduled Tribe or non-Scheduled Caste individuals. This section aims to protect the land rights of marginalized communities and prevent exploitation.
Section 22(a) of the Orissa Land Reforms Act, 1960, stipulates that any transfer of land by a raiyat (tenant) belonging to a Scheduled Tribe shall be void unless the transfer is made in favor of another person belonging to a Scheduled Tribe or with the prior written permission of the Revenue Officer if the transferee is not a member of a Scheduled Tribe.
The scope of Section 22 extends to:- All transfers of land by Scheduled Tribe members.- The requirement for permission applies to both sales and gifts.- The section also encompasses provisions for Scheduled Castes under subsection (5).
While Section 22 does not explicitly prescribe penalties, the consequences of violating its provisions include the transfer being declared void, and the Revenue Officer may restore possession to the original owner.
This commentary highlights the critical aspects of Section 22(a) of the Orissa Land Reforms Act, 1960, emphasizing its role in protecting the land rights of Scheduled Tribes and Scheduled Castes in Orissa.
(1) In the case of any transfer in contravention of the provisions of 5[Sub-section (1) of Section 22] the Revenue Officer on his own information, or on the application of any person interested in the land may issue notice in the prescribed manner calling upon the transferor and transferee to show cause why the transfer should not be declared invalid.
1[(2) After holding such enquiry as the Revenue Officer deems fit and after hearing the persons interested, he may declare such transfer to be invalid and impose on the transferee penalty of an amount not exceeding two hundred rupees per acre of the land so transferred for each year or any part thereof during which the possession is continued in pursuance of the transfer which has been declared to be invalid] 2[and may also order such portion of the penalty as he deems fit, to be paid to the transferor or his heir.]
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Where any person is found to be in authorised occupation of the whole or part of a holding of a raiyat belonging to a Scheduled Caste or of a raiyat belonging to a Scheduled Tribe within 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 interested 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 unauthorised 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.]
Case Laws :
"By way of trespass or otherwise". Even if possession is not by way of trespass but is otherwise unauthorized, then the provision of Sec.23-A would apply : Gunamat
(1) If any proceedings under Section 23, the validity of the transfer of any holding or any part thereof is called in question, or if such proceedings are for the recovery of possession of such holding, or part thereof, the burden of proving that the transfer was valid shall, notwithstanding anything contained in any other law for the time being in force, lie on the transferee.
(2) In the Limitation Act, 1963 in its application to proceeding under Section 23-B, 2[and Section 23-A] in the Schedule, after the words "twelve years" occurring in the Second Column against Article 65 the words, brackets and figures "but thirty years in the case of immovable property belonging to a member of a Scheduled Tribe or a Scheduled Caste, specified in relation to the State of Orissa in the Constitution (Scheduled Tribes) Order, 1950 or the Constitution (Scheduled Castes) Order, 1950, as the case
(1) Notwithstanding anything to the contrary in Chapter II, but subject to the conditions, limitation 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 this Chapter and for the purposes thereof.
Explanation - Resumable land refers to the lands 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 landlord who 2[* * *] is a privileged raiyat or a person under disability.
2. Omitted ibid.
The extent of resumable lands shall not be more than one-half of the lands in respect of each tenant measured in standard acres only.
(1) The landlord shall have the right to make his selection under Section 25 and may within three months from the commencement of this Act apply on the basis of such selection to the Revenue Officer in prescribed form and manner, with intimation of a copy of such application to each of his tenants for the issue of a certificate specifying separately the particulars of the resumable and non-resumable lands.
(2) A tenant may also apply to the Revenue Officer within the period aforesaid in the prescribed form and manner under intimation to the landlord for a determination of the non-resumable lands in respect of his tenancy and for the issue of a requisite certificate 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 co
(1) The Revenue Officer shall, 3[on receipt of application from the landlord under Section 26, consider it alongwith such application, if any, as may have been received from his tenant under the said section] and after giving the parties interested an opportunity of being heard, determine the particulars of the resumable lands and also of the non-resumable lands so far as may be in accordance with the selection, if any, made by the landlord under Section 26, alongwith the fair and equitable rent payable in respect of the non-resumable lands.
(2) All proceedings other than appeal, review or revision relating to any other dispute between such landlord and tenant pending on the commencement of this Act in any Revenue Court or instituted thereafter in any such Court shall stand transferred to the Revenue Officer who shall decide, so far as may be, all such disputes alongwith the deter
(1) While deciding matters under Section 27 the Revenue Officer shall further determine the compensation in respect of the non-resumable lands payable in the prescribed manner by the tenant which shall be determined in accordance with the following sub-sections.
1[(2) The compensation for the land shall be an amount calculated at the rate of eight hundred rupees per standard acre of the land to be paid in five equal annual instalments] with interest at the rate of four and a half per centum per annum on the unpaid balance, the first instalment falling due on such date as the Revenue Officer may in his order specify in that behalf :
2[* * *]
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 d
After the disposal of the appeal, if any, from the orders under Sections 27 and 28 preferred within the period specified in Section 63, the Revenue Officer, having regard to the alterations and modifications if any, ordered in such appeal shall issue a certificate in the prescribed form to the landlord and also the tenant specifying all matters to be determined under the said sections and also send a copy of such certificate to the authority competent to maintain the record-of-right.
Case Laws :
Certificate granted under this Section shall be conclusive proof of the contents thereof under Sec. 32 in respect of dispute between the tenant and the landlord whose rights have been extinguished. It is only on the issue of the certificate that the tenant shall cease to have the right to continue in cultivation of the resumable lands and that a
(1) The tenant shall, with effect from the beginning of the year next following the date of the issue of the certificate under Section 29 become a raiyat in respect of the land for which compensation has been determined under Section 28.
(2) The instalments of the compensation amount together with interest due thereon shall remain a first charge on the land to which it relates shall be recoverable as an arrear of land revenue on application to the Revenue Officer by the person entitled thereto.
(1) The compensation payable by the tenant determined under Section 28 shall be paid to his landlord where such landlord is a raiyat or a land-holder; or if the landlord not being raiyat or a land-holder holds 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 take it in proportion to the rent that each receives in respect of the land and the Revenue Officer shall, while 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 all persons (not being Government or a land-holder) mediately or immediately under whom the land was bei
A certificate issued under Section 29 shall be conclusive proof of the correctness of the contents thereof in respect of all disputes between the tenant and the persons whose rights stand extinguished in pursuance of Section 31.
(1) The fair and equitable rent determined under Section 27 shall be payable-
(a) if the landlord is a raiyat or land-holder, to the person immediately under whom such raiyat or land-holder was holding the land; and
(b) in any other case, to the immediate land-holder.
Explanation - For the purpose of Clause (b) the term "land-holder" shall include Government.
(2) Arrears of revenue ceases or other dues to Government, if any, by the date with effect from which the tenant becomes a raiyat in pursuance of certificates issued under Section 29 in respect of the lands covered by such certificates shall be payable by the persons who were liable for such dues by the said date.
On the determination of the resumable lands the tenant on such land shall cease to have the right to continue in cultivation hereof with effect from the date of expiry of the year next following the date of issue of the certificate under Section 29.
In any case where the landlord in respect of any land fails to apply in accordance with the provisions of Section 26 the Revenue Officer shall, on the expiry of the period specified in the said section, consider the application filed by the tenant in respect of such land and after giving the persons interested an opportunity of being heard determine the particulars of the resumable and non-resumable lands alongwith to other matter 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 any such case the landlord contest the claim on the ground that the applicant is not the tenant and the tenant succeeds in establishing his claim the Revenue Officer shall, after giving the tenant an opportunity of selecting the non-resumable lands, determine the aforesaid particulars so
Where both the landlord and the tenant in respect of any land fail to apply in accordance with the provisions of Section 26 the Revenue Officer may within six months from the expiry of the period specified in the said section and subject to such rules as may be made in that behalf after giving the persons interested an opportunity of being heard determine the particulars of the resumable and non-resumable lands alongwith 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.
Case Law :
Revenue Officer can start suo moto proceeding within six months from the date of expiry of the period and determine resumable and non-resumable land after giving opportunity to the parties. In such proceeding the Revenue Officer can decide the
The tenant shall, subject to the final orders made in the proceedings, if any, under this Chapter hold the lands as a tenant with heritable rights until the conclusion of such proceedings and while so holding shall be subject to the provision contained in Chapter III.
1. Substituted vide Orissa Act No. 13 of 1969.
For the removal of doubts it is hereby declared that where landlord after having got the right to enter upon the land under Section 34, or where the tenant after having become a raiyat under Section 30 fails to personally cultivate the land without sufficient cause before the expiry of the year next following the date on which such right accrues, such landlord or tenant, as the case may be, shall be liable to eviction in accordance with the provisions of Section 8.
(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, but subject to the provisions of Sub-section (2) of Section 24, the Revenue Officer may on an application made in that behalf by the tenant within two years from the commencement of the Orissa land Reforms (Amendment) Act, 1973 (President's Act, 17 of 1973) and after giving the parties interested an opportunity of being heard and after consulting the Local Committee, if any, declare the whole of the land in cultivation of the tenant to be non-resumable and determine the fair and equitable rent and the compensation payable by the tenant in respect of the land in accordance with the provisions of Section 28 and on such determination, the provisions of Sections 29 to 33 (both inclusive), 35-A and 36 shall, so far as may be, apply :
Provided that nothing in this sub-section shall apply to any land wher
Notwithstanding anything contained in Sub-section (1) of Section 24, Section 25 or Section 26, whereas a consequence of the amendment of Section 73 by the Orissa Land Reforms (Second Amendment) Act, 1975 any land becomes subject to the provisions of this Chapter, the provisions of Section 36-A shall, so far as may be, apply to such land subject to the modification that the period of limitation specified therein shall run from the date of commencement of the said Act.
(1) Notwithstanding anything contained in Sub-section (2) of Section 6, any tenant to whom land has been leased out on or after the 1st day of October, 1965 in contravention of the provisions of that sub-section may make an application to the Revenue Officer within two years from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 or the date on which the land was so let out, whichever is later, for being declared to be raiyat in respect of such land.
(2) The Revenue Officer may also, on his own motion, initiate proceedings under Sub-section (1) within the aforesaid period of two years for declaring the tenant to be a raiyat.
(3) The provisions contained in Sections 28 to 33 (both inclusive) 35-A and 36 shall, so far as may be, apply to the proceedings under this section as if the whole of the land so let out were non-resumable.
In this Chapter -
(a) "person" includes a company, family, association or other body of individuals, whether incorporated or not, and any institution capable of owning or holding property;
(b) "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 major or minor, but does not include a major married son who as such had separated by partition or otherwise before the 26th day of September, 1970.]
Case Laws :
The Act was enacted manifestly with a view to impose ceiling on agricultural holdings and acquisition and distribution of the surplus area to landless and weaker Sections of the society and is in substance and reality an enactment relating to agrarian r
The ceiling area in respect of a person shall be ten standard acres :
Provided that where the person has family consisting of more than five members, the ceiling area in respect of such person shall be ten standard acres increased by two standard acres for each member in excess of five, so however, that the ceiling area shall not exceed eighteen standard acres.]
Case Laws :
Return was filed by the Land-holder at the time when his family was consisting of five members including himself. But by the time the draft statement as required under Sec. 43 was published two more children were born to him. The question arose whether subsequent increase in the number of the family members could be taken into account for allotment of the ceiling area- Held "the question of allotting the number of units o
On and from the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973), no person shall, either as landholder or raiyat or as both, be entitled to hold any land in excess of the ceiling area.
Explanation - For the purposes of this section all lands held individually by the members of a family or jointly by some or all the members of a family shall be deemed to be held by the family.
Save as otherwise provided in this Section, the provisions of this Chapter shall not apply to -
(a) lands held by a privileged raiyat :
Provided that nothing in this clause shall apply to any land held by a raiyat a privileged raiyat;
(b) lands held by industrial or commercial undertaking or comprised in mills, factories or workshops, where such lands are necessary for the use, for any non-agricultural purpose, of such undertakings, mills, factories or workshop:
Provided that where the said lands are not actually used within a period of five years from the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973), for the purpose for which they had been set apart, the Collector may, after giving notice to the perso
In determining the ceiling area in respect of a person, the following principles shall be followed, namely :
(a) homestead lands, or tanks with their embankments, or both, to the extent of three acres in the aggregate shall not be taken into account;
1[(b) the transfer of any land by sale, gift or otherwise or the partition thereof by a person during the period beginning with the 26th day of September, 1970 and ending with the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973) shall, if such person was holding land on the said day in excess of the ceiling area, be deemed to be void, anything contained in any law or agreement or in any decree or order of any decree or order of any Court notwithstanding;
(bb) the lands so transferred or partitioned shall b
(1) Except where he is permitted in writing by the Revenue Officer so to do, no person holding land in excess of the ceiling area shall, after the commencement of the Orissa Land Reforms (Amendment) Act, 1973, (President's Act 17 of 1973), transfer by sale, gift or otherwise or effect any partition of such land or any part thereof until the surplus land, which is to vest in the Government under Section 45, has been determined and taken possession of by or on behalf of the Government and all transfers made and partitions effected in contravention of this sub-section shall be void :
Provided that nothing contained in this sub-section shall apply to -
(a) any transfer by way of mortgage executed in favour of -
(i) the Central Government or any State Government;
&
(1) Every person holding land (which shall include lands transferred by sale, gift or otherwise or partitioned by him after the 26th day of September, 1970) either as land-holder or raiyat in excess of the ceiling area at commencement of the Orissa Land Reforms (Amendment) Act, 1973, shall, before the expiry of ninety days from such commencement, submit to the Revenue Officer in such form and in such manner as may be prescribed, a return indicating the parcels of land which he wishes to retain and the parcels of land in excess of the ceiling area (hereinafter referred to as "surplus land") and furnish in the said returns such other particulars as may be prescribed :
Provided that a person who has made any transfer or effected any partition in contravention of the provisions of Sub-section (1) of Section 40, shall not have the right to indicate the parcels of land which he wishes t
Where any person-
(a) being liable to submit a return under Section 40-A, has failed to do so within the period specified therein; or
(b) has become liable to submit a return under Section 40-A as a consequence of the amendment of this Act by the Orissa Land Reforms (Second Amendment) Act, 1975; or
(c) considers it necessary to submit a revised return, as a consequence of such amendment,
he shall submit the return or revised return, as the case may be, in accordance with the provision of that section within thirty days from the commencement of the said Act :
Provided that persons against whom proceedings under Section 43 have been initiated by the Revenue Officer on his own motion, shall not be bound to
The return referred to in Section 40-A 2[or Section 40-B] shall be submitted -
(1) in the case of an individual, by the individual or his guardian if he is a minor;
(2) in the case of a family, by the head of the family or any member thereof or by all the members jointly :
Provided that if more than one return is filed in respect of the same family all such returns shall be taken up together for consideration; and
(3) in any other case, by an individual competent to act on behalf of the person by whom the return is to be submitted.]
1. Substituted vide Orissa Act No. 9 of 1974.
2. Inserted vide Orissa Act No. 29 of 1976.
If any person required to submit a return under Section 3[40-A] 4[or Section 40-B] fails to do so or submits a return which he knows or has reason to believe to be false in respect of all or any of the material particulars, the Revenue Officer may obtain the necessary information through such agency as he may consider proper and shall thereafter proceed to prepare and publish the statement contemplated under Section 43:
Provided that the 5[amount] payable for the lands declared to be his surplus land in accordance with the provisions of Section 44 shall be 3[fifty per centum] of the amount which he would have been entitled to, had he submitted a correct return under Section 3[40-A] 4[or Section 40-B].
3. Substituted vide Orissa Act No. 9 of 1974.
4. Inserted vide Orissa Act No. 29 of 1976.
(1) The Revenue Officer on receipt of the return under Sub-section (1) of Section 1[40-A] 2[or under Section 40-B] after considering all relevant materials available to him and the selection made by the person concerned 2[having a right to do so] under the said sub-section of the lands to be retained by him 1[and after consulting the Local Committee if any] shall record his findings in a draft statement showing -
1[(a) the total area of land held by the person as a land-holder or as a raiyat and the class to which each plot of the land belongs;
(b) the surplus area;
(c) the specific parcels to land to be retained by the person and the total area thereof];
(d) the specific paroles comprising the surplus lands under Clauses (b);
&
(1) On the termination of the proceedings under Section 43 the Revenue Officer shall by order confirm the draft statement with such alterations or amendments as may have been made therein under the said section.
1[(2) An appeal against the order of the Revenue Officer under Sub-section (1) confirming the statement, if presented -
(a) by any person aggrieved the order within thirty days from the date of the order; or
(b) by the State Government within sixty days from the said date,
shall lie to the prescribed authority.]
(3) The draft statement as confirmed or as modified in appeal 2[or revision], if any, shall be published by the Revenue Officer in such manner and for such period as may be prescribed an
(1) Where a declaration made under Section 57-A in relation to a trust is produced before the Revenue Officer by the concerned trustee at any time before the statement in respect of such trust has become final under Sub-section (3) of Section 44, all proceedings relating to the fixation of ceiling and determination of the surplus area in respect of such trust shall abate.
(2) Where the concerned trustee has given intimation in writing to the Revenue Officer prior to the finalisation of the said statement about the pendency of proceedings under Section 57-A relating to a trust, all proceedings relating to the fixation of ceiling and determination of the surplus area in respect of such trust shall abate and any action taken in furtherance of such proceedings shall be of no effect,
(3) A declaration as aforesaid which is obtained or produ
With effect from 1[the date on which the statement becomes final under Sub-section (3) of Section 44], the interest of the person to whom the surplus lands relate and of all land-holders mediately or immediately under whom the surplus lands were being held shall stand extinguished and the said lands shall vest absolutely in the Government free from all encumbrances.
1. Inserted vide Orissa Act No. 44 of 1976.
(1) It shall be the duty of the person in possession of the surplus lands to deliver possession thereof to the Revenue Officer within fifteen days from the date of vesting of the lands in the Government or, if there be any standing crop on the land on the said date, within fifteen days from the harvesting of such crop, whichever is later, and the Revenue Officer shall take over possession of land on behalf of the Government.
(2) If possession is not delivered in accordance with the provision of Sub-section (1), the Revenue Officer may, by an order in writing direct the person in possession of the surplus lands to deliver possession of such lands within seven days from the date of service of the order on him to such person as may be specified in the order.
(3) If the person in possession of the surplus lands refuse or fails without suff
(1) If at any time within six years from the date of finalisation of the statement under Sub-section (3) of Section 44 relating to any person holding land in excess of ceiling area, it is found that some more lands held by such person have escaped inclusion in the above statement due to any reason whatsoever, the Revenue Officer may, after giving the person an opportunity of being heard and after making such enquiry as he deems proper, declare in the prescribed manner, the whole or any part of such lands as are found to be held by the person to be surplus land in relation to him.
(2) All lands declared to be surplus land under Sub-section (1) shall be deemed to have vested in the Government free from all encumbrances alongwith the surplus lands mentioned in the aforesaid statement and the provisions of Sections 45, 45-A and 46 to 51 shall, so far as may be, apply to the lands so v
As soon as may be after the date of the aforesaid final statement the Revenue Officer shall 1[determine under Section 47 the amount payable by Government in respect to the surplus lands] and after deducting these formal rents, revenues, cesses, rates and other dues payable to Government in respect of the land apportion the same in accordance with the 2[* * *] Assessment Roll published under Section 49 between the persons interested.
1. Substituted vide Orissa Act No. 30 of 1976.
2. Deleted ibid.
(1) The 1[amount] in respect of the interest of the land-holders mediately or immediately under whom the surplus lands were being held as a land-holder or raiyat shall be fifteen times the fair and equitable rent.
(2) The 1[amount] in respect of the interest of the person to whom the surplus lands relate shall be the aggregate of the following:
(a) 1[fifty per centum of the market value] of tanks, wells and of structures of a permanent nature situate in land;
(b) 1[fifty per centum of the market value] of trees standing on the land; and
1(c) value of land to be determined in the following manner, namely;
Extent of surplus land Rate of 2[amount]
(i) For the
(1) After the determination of the amounts under Section 47 and after ascertaining in the prescribed manner the dues payable to Government specified in Section 46 the Revenue Officer shall prepare and publish in the prescribed form and manner a Draft 3[* * *] Assessment Roll inviting claims and objections from persons interested, and after hearing such claims and objections, if any, received within sixty days of such publication dispose of the same in accordance with the provisions of this Act and the rule made thereunder.
(2) An appeal, if preferred within thirty days from the date of the order under Sub-section (1) shall lie to the prescribed authority.
3. Deleted vide Orissa Act No. 30 of 1976.
(1) When all such claims, objections and appeals are disposed of, the Revenue Officer shall after making such alterations in the Draft 3[* * *] Assessment Roll as may be necessary to give effect to any order passed under Sub-section (1) or, as the case may be, under Sub-section (2) of Section 48 cause the Roll so altered to be finally published in the prescribed manner, and on such publication the Roll such become final and conclusive.
Explanation - The amounts payable is respect of the land-holders specified in Sub-section (1) of Section 47 shall respectively be shown in the Assessment Roll in proportion to the rent that such land-holder receives in respect of the land.
(2) Notwithstanding anything in Sub-section (1) any party aggrieved by any entry in the roll relating to the rate of apportionment of any amount as between the holder
The amount 2[* * *] determined in accordance with the foregoing provisions shall be payable on and from the date of delivery of or taking over possession of the surplus lands in such mode as may be prescribed and interest shall accrue on the unpaid balance of the 3[amount] at the rate of two and half per centum per annum.]
1. Substituted vide Orissa Act No. 29 of 1976.
2. Deleted vide Orissa Act No. 30 of 1976.
3. Substituted vide Orissa Act No. 30 of 1976.
(1) Seventy per centum of the surplus land vested in the Government under Section 45 shall be settled with persons belonging to the Scheduled Tribes or Scheduled Castes in proportion to their respective populations in the villages in which the lands are situated and the remaining lands shall be settled with persons not belonging to the aforesaid categories :]
5[Provided that where the population of the Scheduled Tribes and Scheduled Castes in a village exceeds seventy per cent of the total population of that village, the percentage of lands to be reserved for persons of the said communities shall be equal to the percentage of their population :
Provided further that if sufficient number of persons belonging to the aforesaid categories are not available in the village in which the land are situated or, being available, are not willing t
The foregoing provisions of this Chapter shall, mutatis mutandis apply where lands acquired and held subsequent to the commencement of the Orissa land Reforms (Amendment) Act, 1973 1[President's Act 17 of 1973] by any person through inheritance, gift, family settlement, purchase, lease or otherwise, together with the lands held by him at the time of such acquisition exceed the ceiling area :
Provided that the return required under Section 40-A shall be submitted to the Revenue Officer within ninety days from the date of such acquisition :
Provided further that where an application under Section 57-A has been made on behalf of such person within the aforesaid period of ninety days, the return required under Section 40-A shall be submitted to the Revenue Officer within ninety days from the date of final disposal of the proceedings under
(1) The Government may by notification constitute a Land Commission for the purpose of this Act.
(2) (a) The Commission shall consist of seven members of whom three shall be officials and four non-officials to be nominated by the Government. They shall 2[unless the Commission is sooner reconstituted] hold office for a period of three years from the date of appointment.
(b) The Land Reforms Commissioner shall be the ex officio Secretary to the Land Commission.
(c) The Government shall nominate one of the members to be Chairman of the Commission.
(3) The Commission shall have power to opt members for special purposes.
(4) The proceedings of the Commission shall be conducted in such manner as may be pre
The Commission shall review the progress of the Land Reforms from time to time, publish report at least once a year and shall advise Government in all matters relating to Land Reforms.
(1) The Government may constitute for each district a District Executive Committee. The said Committee shall consist of three members of whom the Collector of the district shall be one. The two other members shall be non-officials to be nominated by the Government 2[who shall, unless the Committee is sooner reconstituted, hold office for a period of three years].
(2) The Collector shall be the Chairman of the District Executive Committee and shall appoint a Revenue Officer to act as the Secretary of the Committee.
3[(3) The Government may constitute Local Committees for different areas of the State.
(4) The constitution, term of office, powers and functions of the Local Committees shall be as may be prescribed and the business of the Committee shall be conducted in the prescribed manner.]
The District Executive Committee shall review the progress of Land Reforms in the district.
5[(1) A person under disability specified in Sub-clause (a), (b) or (c) of Clause (21) of Section 2 may, subject to the rules made in that behalf, apply for a certificate specified in the proviso to that clause to the Revenue Officer.]
(2) On receipt of such application 5[the Revenue Officer] shall give the person concerned or his guardian, if he is minor or of unsound mind an opportunity of being heard and may, after making such other enquiries 5[as he may deem fit] either reject the application or issue a certificate to the effect that such person is incapable of cultivating his land personally :
Provided that if no orders are passed on such application within thirty days from the date of its filing the application shall be deemed to have been rejected.
(3) The application under Sub-secti
(1) If the Revenue Officer, on application in that behalf by a tenant cultivating land under a person who is a person under disability, is satisfied that a certificate under Section 56-A was obtained by such person by fraud or by misrepresentation or suppression of any material fact, he may, after giving the tenant and the person an opportunity of being heard, cancel the certificate.
(2) On cancellation of the certificate, the Revenue Officer may, on an application made in that behalf by the tenant within sixty days from the date of such cancellation and after giving the parties interested an opportunity of being heard, declare the whole of the land to be non-resumable and determine the fair and equitable rent and the compensation payable by the tenant in respect of the land in accordance with the provisions of Section 28 and on such determination the provisions of Sections 29 to
(1) The Revenue Officer shall have same powers in making enquiries under this Act as are vested in Court in respect of the following matters under the Code of Civil Procedure, 1908 (5 of 1908) in trying a suit namely :
(a) admission of evidence by affidavit;
(b) summoning and enforcing the attendance of any person and examining him on oath;
(c) compelling the production of documents; and
(d) any other matter that may be prescribed.
1[(2) The Revenue Officers and other authorities shall have the power to award costs in proceedings before them in accordance with rules made in that behalf :
Provided that if an appellate authority is satisfied that any appeal ha
(1) The Government may, by notification in the official Gazette, constitute one or more Tribunals having such local jurisdiction as may be specified in such notification for the purpose of Sub-clause (e) of Clause (24) of Section 2.
(2) The Tribunal shall consist of one member to be appointed by the Government from among the officer of the State Judicial Service not below the rank of a Subordinate Judge.
(3) Any trustee or trustees desiring to get any trust declared to be a religious or charitable trust of a public nature under Sub-clause (e) of Clause (24) of Section 2 may make an application to the Tribunal in such form and containing such particulars as may be prescribed :]
1[Provided that no application under this sub-section shall be maintainable, if -
&
(1) If the Collector of the district on his own information or on receipt of information from any source whatsoever, is of opinion that there are circumstances to indicate that in respect of any trust or other institution which is a privileged raiyat within the meaning of Sub-clause (c) of Clause (24) of Section 2 -(a) return of the accounts of such trust or other institution has not been periodically furnished or lands belonging to the trust or other institution have been alienated or encumbered without the previous permission of the authority prescribed in that behalf, at any time prior to the commencement of the Orissa Land Reforms (Amendment) Act, 1973 [President's Act 17 of 1973]; or
(b) the trust or other institution has ceased to provide benefit to the public;
he may make an application to the Tribunal constituted under Section 57
(1) Any person aggrieved by an order passed under any of the following sections may prefer an appeal to the prescribed authority, namely :
Sections 4, 5[8-A], 9, (4), 10,12 (2), 15,16,17,18,19 (1), (c), 20, 21 22, (1), 1[22-A (5), 23 (2), 23-A] 27, 28, 2[34-A, 35], 3[36-A], 2[36-C, 42], 1[45-B (1), 2[52, 55-A, 56-B and 57-B (4)].
1[(2) The procedure of filing and disposal of appeals shall be as may be prescribed.]
4[(3) Any tenant aggrieved by an order passed under Section 27, Section 35 or Section 36-A (other than an order dismissing the case for default or non-prosecution) prior to the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 may, if he has not preferred an appeal as provided in Sub-section (1), prefer the same within one year from the said date.]
&nb
(1) The prescribed authority may, on application by any party aggrieved by any order passed in an appeal under any provision of this Act filed within the prescribed period revise such order.
2[(2) The Board of Revenue may, on being moved in that behalf by the Collector of a district or by the Land Reforms Commissioner revise any order passed by any authority under this Act within twenty-five years from the date of such order.]
Validation -Notwithstanding anything to the contrary in any judgment, decree or order of any Court or other authority, any order passed by the Board of Revenue in exercise of the powers of revision under Sub-section (2) of Section 59 of the principal Act, as it stood prior to the date of publication of this Act shall, if such order has been passed within twenty-five years from the date of the order revised, be de
(1) Any order passed under this Act may, after notice to all persons interested, be reviewed by the officer who made the order or his successor in office on the ground of any clerical mistake or error in course of any proceeding under this Act.
1(2) Without prejudice to the provisions of Sub-section (1), where the appellate authority, on application filed by the concerned party within two years from the date of finalisation of a statement under Sub-section (3) of Section 44 or within sixty days from the date of the appellate order, whichever 'period expires later is satisfied that any land has been, included in such statement in contravention of any provision of this Act, he may modify the order passed by the Revenue Officer under the said section :
Provided that no such modification shall be made without giving the parties concerned a
Any order passed under any of the provisions of this Act shall, subject to any order passed in appeal or revision, as the case may be, final and shall not be called in question in any Court law.
Notwithstanding anything contained in the Court-fees Act, 1870, every petition or application or memorandum of appeal under this Act, shall bear Court-fee stamp, if any of such value as may be prescribed.
1[(1)] The State Government may, by notification from time to time for sufficient reasons, extend the period of limitation provided under Second Proviso to Sub-section (2) or the Second Proviso to Sub-section (5) of Section 4 or under Section 36-A by such further period as the they deem proper, so however, that the total period of extension shall in no event exceed two years].
2[(2)] Every appeal or application for revision under this Act unless specifically provided elsewhere in the Act shall be filed, within a period or 3[thirty] days from the date of the order against which such appeal or revision is preferred. The provisions of Section 4, 5 12 and 14 of the Indian Limitation Act, 1908 (II of 1908) shall apply to the filing of such appeal or application for revision.
Case Laws :
Applicati
All proceedings under this Act before any prescribed authority, Revenue Officer, Collector or the Board of Revenue shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 and for the purposes of Section 196 of Indian Penal Code, 45 of 1860.
4[(1)] The authority passing an order under any of the provisions of this Act may on his motion or an application in the prescribed manner direct that possession of any land forming the subject of such an order be delivered to the person entitled to such possession and take such steps as may be necessary to give effect to his orders.
5[(2) Penalties and other dues, if any, payable to Government under the provisions of this Act shall be realisable as arrears of land revenue.]
Case Laws :
Every Court has inherent power for restitution of property under the law of Equity and under Section 144 Code of Civil Procedure : Mrs. Kavita Trehan v. Balsara Hygiene : AIR 1995 SC 441.
Sec. 65 of the Act which deals with the execution of the order provides inte
Fees of legal practitioners appearing in any proceedings under this Act shall not from part of the costs in any such proceedings.]
1. Substituted vide Orissa Act No. 13 of 1965.
2[Save as otherwise expressly provided in this Act], no Civil Court shall have jurisdiction 3[to try and decide] any suit or proceedings so far as it relates to any matter which any officer or other competent authority is empowered by or under this Act to decide.
Case Laws :
Before the bar under the aforesaid provision can be held to operate in a particular case, it has to be established that the subject matter of dispute is one which an officer or any other competent authority is empowered by or under the Act to decide. The principle underlying the provisions of the Section is to avoid parallel enquiries being held by the Revenue authorities as well as by the Civil Court : Doma Swain v. Gangadhar : 1986 (I) OLR 268.
The prayer in the Civil Suit for eviction on the allegation that the defend
(1) Whoever contravenes any lawful order passed under this Act or if obstructs any person from lawfully taking possession of any land under this Act or makes declaration or furnishes any information, which may be or is required to be made or furnished under this Act and which he knows to be false or has reason to believe to be false, shall on conviction be punishable with imprisonment of either description which may extend to six months or with fine, which may extend to five hundred rupees or with both.
1[(2) Whoever fails to submit a return as required under Section 40-B shall, on conviction be punishable with imprisonment of either description which may extend to six months or with fine which may extend one thousand rupees or with both.]
2[(3) Whoever after having been evicted under Section 23 or under Section 23-A from any holding o
The 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 the said notification, be exercised or discharged by any officer so empowered.
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything is in good faith done or intended or purported to be in pursuance of this Act or any rules or orders made thereunder.
(2) No suit or other legal proceeding shall lie against the Government or any officer or authority for any damage caused or likely to be caused, for any injury suffered, or is likely to be suffered by virtue of any provision of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.
In all matters connected with this Act, Government shall have power to issue such instructions and directions as they think fit with respect to the discharge of executive or administrative function by any of the authorities assigned to them under this Act.
Subject to any condition and restrictions as may be prescribed any officer entrusted with the performance of any duty under this Act may, at any time between sun-rise and sun-set, enter upon any land with such other officers or persons as he deems fit and make survey and take measurement of any land and do all other acts necessary for carrying out his duties under this Act.
Nothing contained in this Act, shall apply -
(a) to the Government in respect of lands held by them and which is used or set apart for any public purposes;
1[(b) to land held by -
(i) the Government of India,
(ii) any local authority,
(iii) any University established by law in the State,
(iv) the Bhoodan Yagna Samiti established under the Orissa Bhoodan and Gramdan Act, 1970 (Orissa Act 2 of 1971),
(v) any Government, company as defined in the Companies Act, 1956 (1 of 1956),
(vi) any Corporation established under any law in force;]
&
(1) On the coming into force of Chapter I of this Act the Orissa Land Tenant's Relief Act, 1955, (1 of 1955) shall be repealed.
(2) The repeal under Sub-section (1) shall not affect -
(a) the previous operation of the said enactment or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactment; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactment; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceedi
(1) The Government may, after previous publication, 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 be laid before the Legislature Assembly as soon as possible after they are made for a total period of fourteen days which may be comprised in one or more sessions and shall be subject to such modification as the Assembly may make during the said period.
If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything not inconsistent with the provisions of this Act or the rules made thereunder, which appears to them necessary for purpose of removing the doubt or difficulty.
1 ORISSA ACT 13 OF 1976
The Orissa Land Reforms (Amendment) Act, 1976
xxx xxx xxx xxx
3. Repeal and savings -(1) The Orissa Land Reforms (Amendment) Ordinance, 1976 (7 of 1976) is, hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act were in force on the day on which such thing was done or such action was taken.
2ORISSA ACT 18 OF 1970
The Orissa Land Reforms (Amendment) Act, 1970
xxx xxx xxx xxx
3. Repeal and savings - (1) The Orissa Land Reforms (Amendment) Ordinance 2 of 1970, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance shall be deemed to have been done or taken under this Act as if this Act were in force on the day on which such things was done or such action was taken.
3PRESIDENT'S ACT 17 OF 1973
The Orissa Land Reforms (Amendment) Act, 1973
xxx xxx xxx xxx
23. Provisions regarding pending proceedings - (1) All proceeding commenced under Chapter IV of the principal Act and pending the commencement of this Act shall abate.
(2) The returns, if any, submitted by any person under the principal Act before the commencement of this Act, shall be treated as evidence and taken into consideration in determining the ceiling area under the principal Act, as amended by this Act.
(3) All cases arising under Sub-clause (b) of Clause (24) of Section 2 of the principal Act and pending before any Revenue Officer immediately before the commencement of this Act shall stand transf
1 ORISSA ACT 9 OF 1974
The Orissa Land Reforms (Amendment) Act, 1974
xxx xxx xxx
23. Provisions regarding pending proceedings - (1) All proceedings commenced under Chapter IV of the principal Act and pending the commencement of this Act, shall abate.
(2) The returns, if any, submitted by any person under the principal Act before the commencement of this Act, shall be treated as evidence and taken into consideration in determining the ceiling area under the principal Act as the amended by this Act.
(3) All cases arising under Sub-clause (b) of Clause (24) of Section 2 of the principal Act and pending before any Revenue Officer immediately before the commencement of the Act shall stand transferre
2 ORISSA ACT 47 OF 1975
The Orissa Land Reforms (Amendment) Act, 1975
xxx xxx xxx
4. Repeal and savings - (1) The Orissa Land Reforms (Amendment) Ordinance, 1975 (6 of 1975) is hereby repealed.
________________________________________________________________________
1. Received the assent of the President on the 11th July, 1974 and was first published vide Orissa Gazette Ext. No. 1092/12.7.1974.
2. Received the assent of the Governor on the 4th December, 1975 and was first published vide Orissa Gazette Ext. No. 938/10.12.1976.
(2) Notwithstanding such repeal anything done, any action taken or any notificatio
1ORISSA ACT 29 OF 1976
The Orissa Land Reforms (Second Amendment) Act, 1976
xxx xxx xxx
30. Transitory provisions - Any appeal under the principal Act or any revision under Section 59 thereof pending on the date of commencement of this Act, shall be heard and disposed of as if this Act had not been passed.
2ORISSA ACT 44 OF 1976
The Orissa Land Reforms (Second Amendment) Act, 1976
xxx xxx xxx
20. Saving - Notwithstanding the amendment of Section 63 of the principal Act by this Act, the period of limitation in respect of an appeal or an application for revision as referred to in that section, against an order passed prior to the date of commencement of this Act, shall be sixty days from the date of the order.
3 ORISSA ACT 29 OF 1993
The Orissa Land Reforms (Amendment) Act, 1992
xxx xxx xxx
3. Validation - Notwithstanding anything to the contrary in any judgment, decree or order of any count or other authority, and order passed by the Board of Revenue in exercise of the powers of revision under Sub-section (2) of Section 59 of the principal Act, as it stood prior to the date of publication of this Act shall, if such order has been passed within twenty five years from the date of order revised, be deemed, for all intents and purposes, to have been validly and effectively passed as if Sub-section (2) of Section 59 of the principal Act as amended by Section 2 of this Act was in force at all material times and, accordingly, no suit or other legal proceeding shall be instituted, maintained or con
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