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Orissa Survey and Settlement Rules, 1962
These rules may be called the Orissa Survey and Settlement Rules, 1962.
(2) They shall come into force at once.
In these rules unless the context otherwise requires-
(a) "The Act" means the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959);
(b) "Form" means a form appended to these rules;
(c) "Section" means a section of the Act.
1[(d) "Tahasildar" means the Chief Officer-in-charge of revenue administration of a Tahasil and includes an Additional Tahasildar and any other Officer whom the Board of Revenue may appoint to discharge any of the functions of Tahasildar under these rules in any area specified in that behalf.]
(e) All words and expressions used in these rules but not defined therein shall have the same meanings as are respectively assigned to them in the Act.
1. Substituted vide Orissa Gazet
2[The proceedings conducted by every officer under Act and these Rules shall unless otherwise provided in these Rules be summary and shall be governed so far as may be practicable by the provisions of the Civil Procedure Code, 1908:
Provided that the fine, if any, imposed under the Order XVI, Rules 12 and 17 shall in no case exceed fifty rupees.]
CASE LAW :
C.P.C. is expressly declared by statutory rules to govern the proceedings before this Court and that no prohibition, expressly or by implication exists that Order 47 dealing with review shall not apply to the proceedings before the Commissioner, Land Records and Settlement : J.B.R. Vol.XV (1979) Part-III-42.
2. Substituted vide Orissa Gazette Ext. No. 1328/24.9.1977.
(1) All notices required under the Act or these rules be in writing.
(2) Where no other mode of service of notice is prescribed by the Act or by these Rules service shall be effected in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, 1908, if the notice is addressed to only one person. If it is addressed to a number of persons or to persons in general, it shall be served in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, 1908 or by proclamation and beat of drum and by posting it, in the presence of not less than two persons in some conspicuous place in the village.
(2) In the case of an uninhabited village, the service of any general notice shall be by proclamation and beat of drum and by posting it, in the presence of not less than t
The application under Sub-section (3) of Section 3 shall be made to the Collector of the district, the agreement to be executed under Clause (a) (ii) and the security bond to be given under Clause (b) of Sub-section (3) of the said section shall be expressed to be made by the Governor and executed on his behalf by the Officer authorised in that behalf in accordance with the provisions of Article 299 of the Constitution of India.
(1) The proclamation under Sub-section (1) of Section 5 shall be in Form No. 1.
(2) It shall be addressed to persons in general occupying or owning land under survey shall be published in every village in which such land is situated by beat of drum and by posting a copy of it in the presence of not less than two persons in some conspicuous place in the village and in case of an uninhabited village, the publication of the proclamation shall be made in the aforesaid manner, in the nearest inhabited village:
Provided that when the tract under survey is not included in any village, publication of the proclamation shall not be made in a neighbouring inhabited village.
On expiry of thirty days from the date of publication of the proclamation under Rule 6, the Survey Officer or any of his subordinates or any other Officer acting under his authority shall conduct a local enquiry and take such measurements as may be necessary to prepare the map and such other record as may be ordered by the Board of Revenue to form a part of the survey record under Sub-section (1) of Section 6-A.
(1) Survey marks of the following description shall be set up by the Survey Officer while preparing the draft survey record, namely:
(a) stones or masonary pillars two feet long, cut for a length of six inches at the top into a prism of triangular cross section each side of the triangle being five inches in length at each tri-junction point, that is to say, at each point where boundaries of three or more villages or other units of survey meet; and
(b) stones or masonary pillars, two feet long, cut for a length of six inches at the top into a prism of square cross section each side of the square being five inches in length at each such point as the Survey Officer considers necessary for facilitating demarcation of boundaries or the grounds points of aerial survey in future :
Provided that the
(1) After completing preparation of the draft survey record, the Survey Officer shall, in the presence of as many of the parties as attended at a place and on a date to be specified in the notice under Sub-rule (2) attest a copy of the map and such other records as may have been ordered by the Board of Revenue to form part of the survey record.
(2) Not less than seven days from before the date of attestation a notice in Form No.2 shall be published in the manner provided in Rule 6.
An appeal under Sub-section (3) of Section 6 shall lie to the Chief Survey Officer or any other officer specially empowered by Government in this behalf.
(1) The Survey Officer shall publish the attested copy of the map and other record, if any, by placing them for public inspection free of charge, for a period of 1[Sixty days] at such convenient place as he may determine.
(2) Not less than seven days from before the date of publication under Sub-rule (1) a notice in Form No.3 shall be published in the manner provided in Rule 6.
(3) Objections, if any, to any entry in or omission from the draft survey record shall be made in Form No. 4 during the period of publication specified in Sub-rule (1) and shall be received and considered by the Survey Officer in accordance with the provisions of Rule 12 and the objector shall within such time as the Survey Officer may direct, file as many copies of the original objection as may be necessary to be served on every person whose interest may, in th
Legal Comments
"Scope of OSS Act/Rules" - OSS Act and OSS Rules govern survey, record-of-rights (ROR) and rent settlements in Orissa; Rule 34 grounds for correction; final ROR publication generally binding; Civil Court remedies remain available post-publication - [HARIHAR MOHAPATRA VS COMMISSIONER OF LAND RECORDS AND SETTLEMENT], [PRADEEP KUMAR BEHERA VS COMMISSIONER OF LAND RECORDS AND SETTLEMENT], [M/s. Swastik Builders & Developers Pvt. Ltd. VS Revenue Divisional Commissioner (Central Division), Cuttack]
"Section 11 power to order preparations" - Government may order preparation of ROR; Subsequent draft ROR is published for objections; final ROR published under Section 12-B; revision powers lie in Board of Revenue under Sec. 15(b) - [PRADEEP KUMAR BEHERA VS COMMISSIONER OF LAND RECORDS AND SETTLEMENT], [Manjubala Pattanayak VS State of Orissa]
"R.O.R. corrections post-publication" - Tahasildar correction power limited; Rule 34 corrections must arise from after-ROR cause of action; corrections of pre-publication facts generally not permissible; Board of Revenue/Commissioner can direct corrections but within statute - [Sri Pravakar Swain VS Tahasildar], [Laxmipriya Panda VS Commissioner, Land Records and Settlement, Orissa, Cuttack], [Budhuram Bhoe VS Tahasildar, Lakhanpur]
"Rule 34(e) confinement" - Rule 34(e) restricts corrections to post-publication matters; corrections based on pre-publication facts require civil suits or Sections 15/25/42; executive circulars cannot override statutory limits - [Sri Pravakar Swain VS Tahasildar], [Laxmipriya Panda VS Commissioner, Land Records and Settlement, Orissa, Cuttack]
"Rule 21/Presumption in ROR" - Rule 21 requires recording details; entries in ROR are evidence and presumed correct under Sec. 13(3) OSS Act, but caste/religion entries are not conclusive evidence and must be weighed with other evidence - [SUNDAR ORAM VS BUDHUA ORAM], [Chandan Kumar Sethi VS State of Orissa]
"Judicial stance on title disputes post-ROR" - Courts emphasize civil courts adjudicate title; OSS authorities cannot decide disputed questions of title; ROR corrections respect Civil Court decrees and pending suits - [Laxmipriya Panda VS Commissioner, Land Records and Settlement, Orissa, Cuttack], [Dvijottam Biswal VS Menaka Biswal]
"Limitation and revision windows" - Section 15(b) allows revision within one year from final publication; delay can be condoned by Commissioner in certain circumstances; limitation acts apply differently to OSS revisions - [Krushna Chandra Mahakul VS State of Orissa], [Sk. Abdul Fakir VS Charulata Kapandia], [Trilochan Biswal VS Commissioner, Land Reforms & Settlement, Board of Revenue]
"Jurisdiction to entertain mutations/remands" - Collector/Mutations: Collector has limited or no power to entertain certain Misc. Cases; revisional authority under OSS Act has defined scope; remand directions must align with Division Bench jurisprudence - [Jaysankar Agrawal VS Collector, Puri], [PRADEEP KUMAR BEHERA VS COMMISSIONER OF LAND RECORDS AND SETTLEMENT], [Bishnu Charan Sahoo VS State Of Odisha]
"Gochar/Gochar de-reservation and leased lands" - De-reservation and lease issues fall within OSS Act/Gochar rules; Settlement authorities must follow due process; de-reservation decisions must respect statutory schemes - [PANDAV SAMAL AND TWO OTHERS VS STATE OF ODISHA AND SIX OTHERS], [JAGANNATH MANNA AND SACHINDRANATH BAGCHI VS STATE OF ORISSA], [Sri Pravakar Swain VS Tahasildar]
"Civil Court decrees and ROR corrections" - Civil Court decrees directing corrections can be executed via Rule 34; final RORs are subject to Civil Court outcomes; non-compliance with Civil Court decrees by Revenue authorities is subject to writ remedies - [NANIGOPAL LENKA VS COLLECTOR, BALASORE], [SUNDAR ORAM VS BUDHUA ORAM], [ABHIRAM BEHERA VS STATE OF ORISSA]
"Board of Revenue as binding authority" - Board of Revenue orders are binding within hierarchy; failure to implement directions can be corrected by revising orders/filing fresh proceedings - [Gati Krisna Misra VS State of Orissa]
"Pre/post-vesting lease rights vs OSS Act applicability" - OSS Act’s Sec. 19(4) overrides private contracts for rent; Act applies to all lands including urban/non-agricultural; rules for rent fixation are broad and binding - [INDIAN ALUMINIUM CO. LTD. , HIRAKUD VS STATE OF ORISSA], [B. D. JHUNJHUNWALLA VS STATE]
"Suo motu revisions and Rule 59/22(2)(A)" - Settlement Officer may exercise suo motu revision under Sec. 22(2)(A) where there is concurrent drafting of ROR and rent settlement; need to respect relevant rules and timelines - [JAGANNATH MANNA AND SACHINDRANATH BAGCHI VS STATE OF ORISSA]
"R.O.R. and Estates Abolition Act interaction" - Orders under Orissa Estates Abolition Act cannot be ignored by OSS Act authorities; settlement has de facto effect; revisional scrutiny may be required afresh - [TRILOCHAN SINGH VS COMMISSIONER OF LAND RECORDS AND SETTLEMENT], [PRADEEP KUMAR BEHERA VS COMMISSIONER OF LAND RECORDS AND SETTLEMENT]
"Precedence on corrections after Civil Court decrees" - Where Civil Court decrees affect ROR, corrections must follow Rule 34; non-compliance triggers remand or fresh adjudication - [Siba Prasad @ Mahesh Kumar Parida vs State of Odisha], [SUNDAR ORAM VS BUDHUA ORAM]
"Gochar de-reservation and surplus land" - De-reservation under Gochar rules requires due notices and consideration of surplus land; OSS authorities must adhere to statutory procedures - [PRADEEP KUMAR BEHERA VS COMMISSIONER OF LAND RECORDS AND SETTLEMENT], [Jaysankar Agrawal VS Collector, Puri]
"Delay condonation limits" - Section 32 and related provisions permit condonation in certain cases; excess delays may be permissible under the OSS Act procedural relaxations, depending on jurisdiction - [Subhadra Nanda VS Sub-Collector-cum-Sub-Divisional Magistrate, Puri]
"Non-applicability of Rules to override statute" - Executive Circulars cannot override OSS statutory provisions on correction of ROR; Rule 34 cannot be invoked for pre-publication facts; statutory path remains - [HARIHAR MOHAPATRA VS COMMISSIONER OF LAND RECORDS AND SETTLEMENT], [Sri Pravakar Swain VS Tahasildar]
"Presumption of correctness and burden of proof" - While ROR entries are presumed correct, challengers may rely on Civil Court judgments or other evidence to rebut such presumption; pre-publication factual disputes require civil action - [Dasarath Singh VS Manvoti Dei], [SUNDAR ORAM VS BUDHUA ORAM]
"Mutations after ex parte decrees" - Revenue authorities must respect ex parte decrees and follow Civil Court outcomes; mutation corrections can be constrained by prior decrees and due process - [Manjubala Pattanayak VS State of Orissa], [022000_n/a]
Note: Citations correspond to provided source entries in square brackets. Where a point references a specific ruling or principle, the cited sources reflect the relevant judgments or orders from the OSS Act/Rules jurisprudence as listed.
(1) When an objection is received under Sub-rule (3) of Rule 11, notice thereof in Form No. 5 along with a copy of the objection shall be served on every person whose interest may, in the opinion of the Survey Officer be affected thereby and all such persons shall be called upon to attend at such time and place as the Survey Officer may fix for the disposal of the objection.
(2) On the date fixed for hearing of the objection or any other date to which the hearing may stand adjourned, the Survey Officer shall after making such enquiries as he considers necessary and after giving the parties present and opportunity of being heard, pass such orders as he deems proper :
Provided that if the correctness of any entry in the draft survey record is objected by any party and fresh inspection or measurement is prayed for, the party shall deposit
The Survey Officer shall finally frame the survey record in conformity with the draft survey record as corrected in accordance with orders made on objections under Section 6-A and appeals under Section 6-B.
(1) A copy of the map and other record, if any, finally framed shall be finally published by the Survey Officer by placing them for public inspection, free of charge, for a continuous period of seven days at such convenient place as he may determine and the seventh day of such publication shall be deemed to be the date of final publication.
(2) Not less than seven days from before the final publication of the survey record in accordance with Sub-rule (1), the Survey Officer shall issue a notice in Form No. 6 to be published in the manner provided in Rule 6.
(3) On the expiry of the period of seven days specified in Sub-rule (1), the Survey Officer shall record a proceeding certifying the final publication of the survey record. The copy of the map and every page of the other record, if any, which are finally published under Sub-rule (1)
(1) A survey mark shall be deemed to require repair when it is-
(i) out of its correct position; or
(ii) entirely covered with earth or overgrown with vegetation so as to be invisible or inaccessible for purpose of measurement.
(2) A survey mark shall be deemed to require renewal when it is missing or damaged :
Provided that where survey marks have been set up at corners and bends of fields in any previous survey, the repairs to and renewal of such survey marks shall not be made.
Every person interested in the lands shall take all reasonable care and exercise due diligence in maintaining, renewing and repairing the survey makes on or within the boundaries of his holding and this liability shall be joint and several.
The extent of the aforesaid liability shall be limited to such cost of repairing or renewing, missing or damaged survey marks as may be fixed by Government for such district or part thereof by notification from time to time. The cost to be recovered by the Collector in accordance with Rule 16 shall not exceed the said limit.
The notice under Sub-section (2) of Section 8 shall be issued by such officer as the Collector may, by general or special order made in this behalf direct and such notice shall be served in the manner provided in Rule 4.
(1) The cost of survey under Sub-section (2) of Section 9 shall be assessed by the Survey Officer in the following manner, namely :
The village or tract notified for survey under Sub-section (3) of Section 3 shall be the unit for assessment and the cost of survey shall include -
(i) all direct charges involved in conducting the survey operation including the cost of preparing copy or copies of the survey record supplied to the parties who apply for such survey under Sub-section (3) of Section 3;
(ii) overhead charges in full on account of supervision and control of the entire area taken up for survey, forms one unit and in any other case, the same shall be apportioned among the different units according to the area of operation.
(2) After assessme
The submission of application, execution of agreement and deposit of amount towards the expenses of preparation of record-of-rights of an area under Sub-section (2) of Section 11 shall be made in the same manner as prescribed under Rule 5.
When an order is made under Section 11, the particulars to be recorded shall be specified in the order and may include either without or in addition to other particulars, all or any of the following, namely :
(i) the name of each tenant or occupant,
(ii) the class to which each tenant belongs,
(iii) the situation and extent of the land held by each tenant or occupant,
(iv) the name of the landlord of each tenant,
(v) the name of each proprietor and landlord,
(vi) the rent and charges for irrigation payable by each proprietor of landlord, tenant or occupant,
(vii) if the rent is a gradually increasing rent, the time a
For every interest in land, there shall be a separate Khatian for each person interested or each group of persons jointly interested and not recorded Khewat and each such Khatian shall show such particulars of rights and liabilities of each person or group of persons, as the case may be, as are required to be recorded under all clauses of Rule 21 except under Clause (viii) of the said rules:
Provided that the particulars covered by the said clause shall be shown in separate Khatian to be prepared for each source of irrigation.
The map under Sub-section (6) of Section 11 shall be prepared in the manner provided in Rules 7 and 8.
(1) The preparation of record-of-rights shall begin with the preparation of a draft record after local enquiry and check of the existing record, if any :
Provided that local enquiry may be dispensed with under prior orders of the Board of Revenue.
(2) Not less than thirty days before the date of commencement of the local enquiry under Sub-rule (1), the Assistant Settlement Officer shall cause a proclamation in Form No. 1 to be published in the manner prescribed in Sub-rule (2) of Rule 6.
(3) The Assistant Settlement Officer may either conduct the local enquiry himself or cause the same to be conducted by any of his subordinates.
(1) After completing preparation of the draft record-of-rights the Assistant Settlement Officer shall, in presence of as many of the parties as attend at the place and on a date to be specified in the notice under Sub-rule (2) attest a copy of the map and the record-of-rights.
(2) Not less than seven days from the date of attestation, a notice in Form No.2 shall be published in the manner provided in the Rule 6.
(1) The Assistant Settlement Officer shall publish the attested copy of the map and the draft record-of-rights by placing them for public inspection, free of charge for a period of 1[sixty days] at such convenient place as he may determine.
(2) Not less than seven days from before the date of publication under Sub-rule (1), a notice in Form No. 3 shall be published in the manner provided in Rule 6.
(3) Objections, if any, to any entry in or omission from the draft record-of-rights shall be made in Form No. 4 during the period of publication specified in Sub-rule (1) and shall be received and considered by the Assistant Settlement Officer in accordance with provisions of Rule 27 and the objector shall, within such time as the Assistant Settlement Officer may direct file as many copies of the objection as may be necessary to be served on
(1) When an objection is received under Sub-rule (3) of Rule 26, notice thereof in Form No. 5 along with copy of the objection shall be served on every person whose interest may, in the opinion of the Assistant Settlement Officer, be affected thereby and all such persons shall be called upon to attend at such time and place as the Assistant Settlement Officer may fix for the disposal of the objection.
(2) On the date fixed for hearing of the objection or on any other date to which the hearing may stand adjourned, the Assistant Settlement Officer shall, after making such enquiries as he considers necessary and after giving the parties present an opportunity of being heard, pass such orders as he deems proper :
Provided that if the correctness of any entry in the draft record-of-rights is objected to by any party and fresh inspection of
The Assistant Settlement Officer shall finally frame the record-of-rights in conformity with the draft record-of-rights and map as corrected in accordance with orders made on objections under Section 12 and appeals under Section 12-A.
(1) A copy of the map and record-of-rights finally framed shall be finally published by the Assistant Settlement Officer by placing them for public inspection, free of charge, for a continuous period of seven days at such convenient place as he may determine at the seventh day of such publication shall be deemed to be the date of final publication.
(2) Not less than seven days from before the final publication of the record-of-rights in accordance with Sub-rule (1) the Assistant Settlement Officer shall issue a notice in Form No. 6 to be published in the manner specified in Rule 6.
(3) On the expiry of the period of seven days specified in Sub-rule (1) the Assistant Settlement Officer shall record a proceeding certifying the final publication of the record-of-rights. The copy of the map and every page of the record-of-rights which are
(1) A copy of or a relevant extract from the record-of-rights as finally published bearing a certificate under the Assistant Settlement Officer's signature or facsimile signature and seal shall be made over to the landlord, tenant or occupant concerned, if such landlord, tenant or occupant, as the case may be, attend to receive it on the date and at the place notified by the Assistant Settlement Officer in this behalf in Form No. 7 at least 7 days before such date :
Provided that where there are more than one such person concerned in respect of the copy of extract, it shall be made over to their agent or manager or any one of the persons concerned as the Assistant Settlement Officer may deem fit.
(2) A copy of the map and record-of-rights as finally published bearing a certificate under the Assistant Settlement Officer's signature or f
(1) The cost of preparation of the record-of-rights under Section 11 (2) shall subject to the provisions of Sub-rule (2) be assessed by the Assistant Settlement Officer in the manner prescribed in Rule 19.
(2) The cost of preparation of copies of the record or of extracts therefrom for supply to landlords, tenants or occupants under Rule 30 shall be included in the cost of the preparation of record-of-rights and no separate charges shall be levied on the landlords tenants or occupants in respect of such copies.
The record- of-rights and the copy of the map as finally published in accordance with the provisions of the Act or deemed to be the record-of-rights and map finally published under the provisions of the Act and supplied to the Tahasildar shall be maintained and kept up-to-date in accordance with rule hereinafter provided.
When an order is made under Sections 11, 18 or 36 with respect to any local area-
(1) all proceedings for maintenance of the record-of-rights and the map under the rules of this Chapter in respect of the said local area and pending as on the date of such order shall abate; and
(2) Rule 34 and all subsequent rules of this Chapter shall remain inoperative with effect from the date of such order till the expiry of three months from the date of final publication of record-of-rights.]
1. Substituted by S.R.O. No. 357/73-D/22.3.2973-Orissa Gazette Extraordinary No.598-D/1.5.1973.
The Tahasildar may on application in that behalf of any person interested or on receipt of a report from any of his subordinate officers or on receipt of a notice from the Registrar or Sub-Registrar appointed under the Indian Registration Act, 1908, or from a Court or on his own motion, order 1[* * *] any charge of any entry in the record-of-rights according to the rules hereinafter prescribed on any one or more of the following grounds, namely :
(a) that all persons interested in any entry in the record-of-rights wish to have it changed;
(b) that by a decree in a civil suit, any entry therein has been declared to be erroneous;
(c) that being founded on a decree or order of a Civil Court or on the order of any competent authority, the entry therein is not accordance with such decree or order;
Section R.34 of the Orissa Survey and Settlement Rules, 1962, governs the grounds and procedures for the correction of the Record-of-Rights (R.O.R.) and maps post-publication. It plays a crucial role in land record maintenance, ensuring accuracy and rectification based on specific legal grounds.
Section R.34 prescribes the grounds on which the Tahasildar may order changes or corrections in the R.O.R. and maps. These grounds include errors declared by civil court decree, variations based on orders of competent authorities, or changes necessitated by survey updates. The section emphasizes that corrections must be based on causes of action arising after the final publication of the R.O.R.
This concise legal commentary synthesizes the scope, essential ingredients, and judicial interpretations related to Section R.34 of the Orissa Survey and Settlement Rules, 1962, emphasizing that corrections must be grounded in causes arising after the final publication of the R.O.R., and executive instructions cannot override statutory provisions.
All proceedings commenced on a report, application or otherwise under this Chapter shall be registered as mutation cases and each such case shall be numbered and entered in register in Form No.8 to be called the Mutation Register :
Provided that changes in any entry of the record-of-rights arising out of an order to decree of Revenue or a Civil Court or the order of a Tribunal constituted under any law for the time being in force shall be numbered and entered in the Register as separate cases and carried out by the Tahasildar immediately on receipt of such order or decree, as the case may be, and it shall not be necessary to commence a Mutation Proceeding for that purpose.]
1. Substituted vide Orissa Gazette Extraordinary No. 1541-D/23.9.1974.
Fees on every application for mutation and on the petition of objection, if any, shall be 2[three rupees] and shall be realised on the shape of Court-fee stamps :
3[Provided that where proceedings are commenced otherwise than on an application, no application fees shall be realised from the party.]
2. Substituted vide Orissa Gazette Ext. No. 1337/29.9.1992.
3. Substituted vide S.R.O. No. 197 of 12.2.1976-O.G.E.No. 299 of 1976.
3[Process fee for the service of notice shall be realised in the shape of Court-fee stamp from the party applying for mutation and where proceedings are commenced otherwise than on an application the process fee shall be realised from the party]. Process fees shall also be realised from the party who applies for issue of summons to a witness for examination in course of a mutation proceeding. The rates of process fee shall be regulated in the following manner, namely:
(i) in every case in which personal or substituted service of any process on parties or witness is required, a fee of 2[Rs.3.00] shall be charged, for service of the same document of not more than 2[three] persons and an additional fee of 2[Re. 1.00] shall be charged for every such in excess of four; and
(ii) for issue of general notice, a fee of 2[Rs.3.00] shall be charge
Where a measurement or field enquiry is claimed, fees shall be realised at the rate of 2[four rupees] for every plot of land covered by such measurement or enquiry :
Provided that the fees shall be calculated on the number of plots that are made after the said measurement or enquiry :
2[Provided further that no measurement fee shall be realised for measurement or field enquiry necessitated in any proceedings commenced otherwise than on an application.]
2. Substituted vide Orissa Gazette Ext. No. 1337/29.9.1992.
2. Inserted vide S.R.O. No. 197-Dt. 12.2.1976 O.G.E.No. 299 of 1976.
No fees shall be realised under Rules 36, 37 and 38 in respect of lands distributed in accordance with the provisions of the Orissa Bhoodan Yagna Act, 1953 (Orissa Act 16 of 1953).]
3. Inserted vide Orissa Gazette Ext. No. 1513-Dt.27.9.1965.
The subdivision of a holding shall not be allowed unless all the parties interested in the holding, give consent for the same or such a subdivision has been ordered by a competent Court or authority.
While acting under Rule 34, the Tahasildar shall issued a general notice in Form No. 9, inviting objections from persons interested within a period of 4[Fifteen] days from the date of service of such notice. The Tahsildar, if he deems it necessary, may issue individual notices in Form No. 10.
4. Substituted vide S.R.O. No. 197-Dt.12.2.1976.
The mutation applications and the petitions of objection, if any, shall be disposed of after giving the parties an opportunity of being heard and the enquiry to be so held shall be summary in nature.
(1) An appeal from any final order made under Rule 41 shall lie -
(i) if the original order was made by an Assistant Settlement Officer exercising the powers of the Tahasildar under those rules and working under the administrative control of the Settlement Officer, to the Settlement Officer; and
(ii) if the original order was made by any other officer exercising the powers of the Tahasildar under these rules, to Sub-divisional Officer.
(2) Every such appeal must be presented within thirty days from the date of the order appealed against.]
1. Substituted vide S.R.O. No. 357/73-O.G.E. No. 598-Dt. 1.5.1973.
Any person considering himself aggrieved by any decision under this Chapter may apply within thirty days from the date of the decision for a review of the order to the Officer, who passed the said order on the ground of any mistake or error apparent on the face of the record and the Officer may, after giving to the parties interested a reasonable opportunity of being heard, pass such order thereon as he thinks fit.
CASE LAW :
Under Section 33 revisional powers of Board of Revenue have been delegated to the Commissioner, Land Records and Settlement - The Commissioner does not have the power of review under the Orissa Board of Revenue Act, 1951, but can review its own order under Order 47 of CPC : JBR Vol. XV (1979) Part-III-42.
The changes in the entries in the record-of-rights shall be carried out under attestation by the Tahasildar. The copy of the map finally published or deemed to be finally published under the Act shall be corrected so as to be in conformity with the changes carried out in the record-of-rights.
When the Collector considers that due to incorporation of numerous changes in the record-of-rights or any part thereof, it has become unfit for further use, he may cause the record or the part to be re-written. The record-of-rights so re-written and brought up-to-date shall bear a certificate under the facsimile signature or signature and seal of the Collector or any other Officer duly empowered by him in this behalf and shall replace the original record or the relevant part thereof, as the case may be, in the custody of the Tahasildar. A copy thereof duly certified by the Tahasildar shall be transmitted to the Collector.
Where the Collector considers that due to incorporation of numerous changes or for any other reasons the map or any part thereof has become unfit for further use, he may cause a copy thereof to be prepared. Such copy shall bear a certificate ,under the facsimile or signature and seal of the Collector or any other Officer duly empowered by him in this behalf, and shall replace the original map or the relevant part thereof, as the case may be, in the custody of the Tahasildar. A copy thereof duly certified by the Tahasildar shall be transmitted to the Collector.
The filing of applications, execution of agreement, and deposit of amounts towards the expenses of settlement of rent of an area under Sub-section (2) of Section 18 shall be made in the same manner as prescribed in Rule 5.
(1) Before proceeding to fix fair and equitable rent in respect of land situated in any local area the Assistant Settlement Officer may group the villages of the local area into different classes by taking into consideration the following factors, namely :
(i) situation of the village;
(ii) communication and marketing facilities;
(iii) depredation by wild animals; and
(iv) liability to vicissitudes of season.
(2) The Assistant Settlement Officer shall group the lands in the village 1[used for agriculture according to the Sub-section (1) of Section 19] into as many different classes as he deems fit and assign every plot of land to one such class having regard to the following factors, namely:
&nb
(1) In taking into consideration the crop or crops normally grown on a land for the purpose of fixation of fair and equitable rent as provided under Clause (b) of Sub-section (1) of Section 19, the Assistant Settlement Officer shall take into account the following, namely :
(i) the kind and quantity of the crop or crops that can be grown during a year,-
(ii) the number of crops grown in a year; and
(iii) the profit that can be derived from the land with due diligence and reasonable means.
(2) For ascertaining the quantity of crop or crops grown, the Assistant Settlement Officer may himself conduct or cause to conducted by any of his subordinates as many experiments as he considers necessary on different classes of lands in each village and in respe
The Assistant Settlement officer shall, while considering the situation of any land and the nature of the soil under Clause (c) of Sub-section (1) of Section 19 take the following factors into consideration, namely :
(i) availability of irrigation by flow or lift;
(ii) liability to floods or protection therefrom in flood affected areas;
(iii) salinity;
(iv) silt deposit;
(v) general fertility of lands; and
(vi) any other advantages of disadvantages which bear upon the productivity of the land.
The Assistant Settlement Officer shall in accordance with the provision of the preceding rules in this Chapter and in the light of the factors specified in Clauses (a) to (d) of Sub-sections (1) 2[and (2)] of Section 19 six fair and equitable rent in respect of every person interested or every group of persons jointly interested in land, if they are not entitled to hold such interest without payment of rent.
2. Inserted by S.R.O. No. 344-Dt.23.5.1976.
The Settlement Rent Roll shall comprise the copy of the record-of-rights as finally published and maintained under Sub-section (2) of Section 16 with the rent fixed under Section 20 incorporated therein :
Provided that it may not show the rent payable immediately before the fixation of such rent under Section 20.
(1) The Assistant Settlement Officer shall publish the Settlement Rent Roll and a copy of the map maintained under Chapter IV by placing them for public inspection, free of charge, for a period of 1[sixty days] at such convenient place as he may determine.
(2) Not less than seven days from before the date of publication under Sub-rule (1) a notice in Form No. 3 shall be published in the manner provided in Rule 6.
(3) Objections, if any, to any entry in or omission from the Settlement Rent Roll shall be made in Form No.4 during the period of publication specified in Sub-rule (1) and shall be received and considered by the Assistant Settlement Officer in accordance with the provisions of Rule 54 and the objector shall within such time as the Assistant Settlement Officer may direct, file as many copies of the original objection as may be
(1) When an objection is received under Sub-rule (3) of Rule 53, notice thereof in Form No. 5 along with copy of the objection shall be served on every person whose interest may, in the opinion of the Assistant Settlement Officer, be affected thereby and such persons shall be called upon to attend at such time and place as the Assistant Settlement Officer may fix for the disposal of the objection.
(2) On the date of fixed for hearing of the objection or any other date to which the hearing may stand adjourned, the Assistant Settlement Officer shall, after making such enquiries as he considers necessary and after giving the parties present an opportunity of being hearing pass such orders as he deems proper :
Provided that if the correctness of any entry in the Settlement Rent Roll is objected to by any party and fresh inspection or measu
(1) A copy of the corrected or amended map and the fresh copy of the record-of-rights prepared under Sub-section (1) of Section 23 shall be finally published by the Assistant Settlement Officer by placing them for public inspection, free of charge, for a continuous period of seven days at such convenient place as he may determine and the seventh day of such publication shall be deemed to be the date of final publication.
(2) Not less than seven days from before the final publication of the record-of-rights in accordance with Sub-rule (1), the Assistant Settlement Officer shall issue a notice in Form No.6 to be published in the manner provided in Rule 6.
(3) On the expiry of the period of seven days specified in Sub-rule (1) the Assistant Settlement Officer shall record a proceeding certifying the final publication of the record-of-righ
The distribution of copies or of relevant extracts from the record-of-rights as finally published under Rule 55 shall be made in the manner specified in Rule 30.
(1) The cost of settlement of rent as directed under Sub-section (2) of Section 18 shall, subject to the provisions of Sub-rule (2), be assessed by the Assistant Settlement Officer in the manner prescribed in Rule 19.
(2) The cost of preparation of copies of the record or of extracts therefrom for supply to landlords, tenants or occupants under Rule 56, shall be included in the cost of settlement of rent and no separate charge shall be levied on the landlords, tenants, or occupants in respect of such copies.
(1) When an order has been made under Clause (a) of the Sub-section (1) of Section 36, the provisions of Chapters II and III of the Act shall, subject to the following modifications, apply for the preparation of the survey, record and record-of-rights, namely :
(a) Provisions of Chapter III of the Act shall be read and construed as providing for the preparation of survey record along with the record-of-rights.
(b) The map prepared for the purpose of the record-of-rights shall, notwithstanding anything to the contrary in Chapter II of the Act, shall constitute the survey record for purposes of the said Chapter.
(c) Grounds for filing objections and appeals under Sections 6-A and 6-B may be taken, heard and disposed of in proceedings respectively under Section 12 and 12-A and no separate proceed
When an order has been made under Clause (b) of Sub-section (1) of Section 36, there shall be the preparation of record-of-rights and settlement of rent in accordance with the provisions of Chapters III and IV of the Act and the rules made thereunder as modified in the manner and to the extent required by the following further rules of procedure herein specified, namely :
(a) The proceedings shall begin with the preparation of the draft record-of-rights and shall continue up to the attestation of the same in the manner prescribed in Rules 21 to 25.
(b) The Assistant Settlement Officer shall thereafter fix fair and equitable rent in the manner prescribed in Rules 48 to 51 and shall incorporate the rent so fixed in the attested draft record-of-rights which shall thereafter be a combined draft record-of-rights and Settlement Rent Roll :
Where an order has been made under Clause (c) of Sub-section (1) of Section 36 there shall be the survey preparation of record-of-rights and settlement of rent in accordance with the provisions of Chapters II, III and IV of the Act and the rules made thereunder as modified in the manner and to the extent required by the following further rules of procedure herein specified, namely:
(a) The proceedings shall be with the preparation of the draft record-of-rights and shall continue up to the attestation of the same in the manner prescribed in Rules 21 or 25 and the map prepared under Rule 23 shall constitute the survey record.
(b) The Assistant Settlement Officer shall thereafter fix fair and equitable rent in the manner prescribed in Rules 48 to 51 and shall incorporate the rent so fixed in the attested draft record-of-rights which shall t
(1) Where proceedings in pursuance of an order made under Sections 11, 18 or 36 are in progress, the Settlement Officer may, if he deems fit, start proceedings for effecting changes in the boundaries of an existing village or for constitution of a new village :
Provided that when a portion of the village has been declared or will be declared to be a reserved forest under the provisions of Section 20 of the Indian Forest Act 16 of 1927 of Section 16 of the Madras Forest Act, 1882 (Madras Act 5 of 1882) or when a portion of the village has been deemed to be a reserved forest under Section 20A of the Indian Forest Act 16 of 1927. The changes in the boundaries of the village shall be effected according to such declaration or the deeming provisions, as the case may be, and it shall not be necessary to start proceedings under this rule for affecting such changes.
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The agricultural year in respect of the district of Ganjam the Tahasils of G.Udayagiri and Baliguda in the district of Boudh and all Tahasils except Kashipur Tahasil in the district of Koraput, means the year commencing on the first day of July.]
1. Inserted by Orissa Gazette Extraordinary No. 670-Dt.27.9.1963.
When a person is appointed as a Settlement Officer, a Chief Survey Officer, an Assistant Settlement Officer, a Survey Officer or a Tahasildar by or under the Act, he shall have the following powers, namely :
(a) all powers exercisable by a Civil Court in a trial of suits;
(b) power to enter upon any land to survey, demarcate, and make a map or record of the same;
(c) power to cut and thrash crop on any land and weigh the produce thereof with a view to estimate the capabilities of its soil; and
(d) power to take down evidence with his own hand in the English language in proceedings under the Act or under these rules in accordance with the procedure laid down in the Code of Civil Procedure, 1908 for trial of suits.
Any Survey Officer, Assistant Settlement Officer, Chief Survey Officer or Settlement Officer may, by a special notice, require any person to appear before him or before any person authorised by him in this behalf, within a specified time and at a specified place for the purpose of pointing out boundaries or supplying information necessary for the purposes of carrying out proceedings under the Act or these rules. Every such person on whom such special notice is served, shall be legally bound to attend as required by the notice and point out boundaries and supply information which may be required, so far as the case may be able to supply it. If the issue of the special notice has been necessitated by the failure of the person to respond to any general notice that may have been issued earlier, then such person shall be liable to pay a process fee of 2[Rs.3.00]. The fee shall be realised in shape of Court-fee stamps.
2. Subst
The fees to be levied in course of proceedings under the Act or the rules other than those prescribed in Rules 36, 37, 38 and 63 shall be as mentioned in Schedule I. All the fees shall be realised in shape of Court-fee stamps except those mentioned at serial 15 of the Schedule which shall be realised in cash.
(1) A register for appeals and revisions filed under the Act or the rules shall be maintained in Form No. 12.
(2) All the forms prescribed in these rules shall be used with such modifications as the officer or authority using them may deem necessary but not so to effect the substance or merit in any way.
(1) All proceedings pending on the date of coming into force of these rules shall be deemed to be proceedings under these rules and shall be continued thereunder.
(2) All persons, who on the date of issue of these Rules are discharging the functions of a Tahasildar under Chapter IV of Orissa Survey and Settlement Rules, 1960, shall be deemed to have been appointed as Tahasildar under these Rules.
FORM No. 1
[See Rules 6, 24(2), 58, 59 (a) and 60 (a)]
Proclamation for local enquiry for the purpose of preparation of draft survey record and/or draft record-of-rights under Section 60A/(1) II, (4)/36 of the Orissa Survey and Settlement Act, 1958
To landlords, tenants, occupants and other persons claiming to be interested in the lands of-
Village District
Thana Thana No.
Tahasil Tahasil No.
Whereas the Government of Orissa have been pleased to order in Notification No.......... dated...... the making of a survey/preparation of record-of-rights/conduct of simultaneous proceedings relating to survey and
FORM No. 2
[See Rules 9 (2), 25 (2), 58, 59 and 60]
Notice for attestation of draft survey record and/or
draft record-of-rights
To landlords, tenants, occupants and other persons claiming to be interested in the lands of -
Village District
Thana Thana No.
Tahasil Tahasil No.
It is hereby notified that the draft survey record and/or draft record-of-rights will be taken up for attestation under Rule 9(2) and/ or Rule 25(2) read with Rule 58/59/60 of the Orissa Survey and Settlement Rules, 1962 at ........... on........... or on any subsequent date or dates to
FORM No. 3
[See Rules 11 (2), 53, 58, 59 and 60]
Notice for publication of the draft survey record and/or the draft record-of-rights/Settlement Rent Roll and/or combined draft record-of-rights and Settlement Rent Roll
Notice to landlords, tenants, occupants, and other persons claiming to be interested in the lands of-
Village District
Thana Thana No.
Tahasil Tahasil No.
It is hereby notified that the draft survey recorded and/or draft record-of-rights/Settlement Rent Roll and/or combined record-of-rights and Settlement Rent Roll has been prepared under provisions of the Orissa Survey and Settlement Act,
FORM No. 4
[See Rules 11 (3), 26 (3), 53 (3), 58, 59 and 60]
Objection under Section 6-A (2)/12/12 (1), 36 of the
Orissa Survey and Settlement Act, 1958
Case No. Camp
Village District
Thana Thana No.
Tahasil Tahasil No.
(1) Name of the objector with father's name, caste and address .........................
(2) Name, Father's name, caste and address of the person or persons in whose favour the entry objected to, has been made and whose interests are affected or are likely to be affected by the objection.....
FORM No. 5
[See Rules 12 (1), 27 (1), 58, 59 and 60]
Notice fixing the date for the hearing of an objection under
Section 6-A(2)/12 (1)/36 of the
Orissa Survey and Settlement Act, 1959
In the Court of the Survey Officer/Assistant Settlement Officer, at...............district ...............Case No ...............Camp...............Process Register No...............
Whereas an objection (copy of which is annexed) under Sections 6-A (2)/12/21(1)/36 of the Orissa Survey and Settlement Act, 1958 has been filed and the date of its disposal has been fixed for the ...............20... you are hereby informed that you should on the day fixed appear personally or by
FORM No. 6
[See Rules 14 (2), 29 (2), 55 (2), 58, 59 and 60]
Notice of the date of final publication of the survey record and/or record-of-rights
Notice of landlords, tenants, occupants and other persons claiming to be interested in the lands of-
Village District
Thana Thana No.
Tahasil Tahasil No.
It is hereby notified that the survey record and/or record-of-rights as finally framed under Sections 6-C (1)/12-B/23 (1)/36 of the Orissa Survey and Settlement Act, 1958 will be finally published at ....... by being placed for public inspection free of charge, for a period of seven days from .......... durin
FORM No. 7
[See Rules 30(1), 56, 58, 59 and 60]
Notice for distribution of copies of or extracts from the record-of-rights as finally published under Section 12-B/23/39
Notice of landlords, tenants, occupants and other persons claiming to be interested in the lands of-
Village District
Thana Thana No.
Tahasil Tahasil No.
It is hereby notified that copies of or extract from the record-of-rights as finally published shall be made over free of charge, to persons interested at on ........... or on any subsequent date or dates to which the proceeding may stand adjourned.
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FORM No. 9
[See Rule 40]
General notice inviting objections of Mutation Cases
In the Court of the Tahasildar........Mutation Case No........of 20 ......20.....
It is hereby notified for general information that the aforesaid mutation case instituted by for correction of Khata/Khewat No........of village ........ Thana............. Tahasil ............. District ............. Thana No ............. has been posted for hearing on ........Any person having any objection to the proposed change of the record as mentioned below may file an objection petition before the undersigned on or before........which will be duly considered before the disposal of the mutation case. No objection petition will be entertained after the aforesaid date.
&nb
FORM No. 10
[See Rule 40]
Individual notice having objection in Mutation Cases
In the Court of the Tahasildar ........Mutation Case No............. of 20 ........20........
Take notice that the aforesaid mutation case instituted for correction of Khata/Khewat No.............
Village Thana Tahasil
District Thana No. has been posted
for hearing on.............
If you have any objection to the proposed change of the record as mentioned below, you may file an objection petition before the undersigned on or before ........ which will be duly considered befor
FORM No. 11
[See Rule 61]
Notice for inviting objections for changing boundaries of existing villages or constitution of new villages
In the Court of Settlement Officer
It is hereby notified that it is proposed to make changes in the boundaries of the following village in the manner indicated in the below or to constitute the following tract not included in any village into a new village in the manner indicated in the Schedule below.
Any person claiming to be interested in the lands of the aforesaid village/tract may within thirty days from the date of service of this notice file objection to the said proposal with reasons for such objection before the undersigned.
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