S.1 Short title, extent and commencement

       (1) This Act may be called the Orissa Government Land Settlement Act, 1962.
       (2) It shall extend to the whole of the State of Orissa.
(3) The sections shall come into force at once and the remaining provisions of this Act shall come into force1 on such date as Government may, by notification, appoint in that behalf.

S.2 Definitions

       In this Act unless the context otherwise requires-
       2[(a)"Collector" shall include an Additional District Magistrate;
       3[(aa)"Government" means the State Government of Orissa ;]
       (b)"Government land" means any waste land belonging to Government whether cultivable or not, recorded as House site, Anabadi, Chot Jungle, Puratan Patit, Nutan Patit, Parityakta Bedakhali 4[Gochar] or by any other description whatsoever;
       5[Explanation-The expression "any other description, whatsoever" shall include-
       For Statement of Objects and Reasons, see Orissa Gazette Ext. No. 463/11.9.1962.
       1.Sections 2 to 9 came into force w.e.f.1.1.1965 vide Notfn.No. 43 GD (GL) 425/64-R.
 

S.3 Reservation and settlement of Government land

       5[(1) Notwithstanding anything to the contrary in any law or any custom, practice or usage having the force of law, Government shall not be deemed to be debarred from exercising all or any of the following powers in respect of Government lands, namely :
       (a)to reserve such portion of the lands as they deem proper for the purpose of being used as house-sites or for any communal or industrial purpose or for any other purpose whatsoever
       (b)to charge premium for settlement of any such land
       (c)to charge rent for the lands so settled ;
       (d)to charge fees on applications for settlement of lands and such other fees as may be necessary for or incidental to the disposal of such fees shall be payable in the prescribed manner ; and
    &nbs

S.3(a) Power to do-reserve land

       (1) The Government may, by notification in the Official Gazette, authorise any officer, not below the rank of a Collector, to de-reserve any land which has been reserved under Clause (a) of Section 3 2[of any Government land recorded as gochar] or any portion thereof.
       (2) Any officer authorised under Sub-section (1) shall subject to such conditions and limitations as may be prescribed, have power to de-reserve any land referred to in that sub-section or any portion thereof, as the case may be (a)is no longer required for the purpose for which it was reserved; or
       (b)can no longer serve the purpose for which it was reserved;
       (c)is in excess of the reasonable requirement for the purpose for which it was reserved :
       1[Provided that the officer so authori

S.3(b) Resumption of land and imposition of penalty

       -(1) Any officer authorised under Clause (a) of Section 3 may resume any land settled by him, if he has reasons to believe that the person with whom the land was settled has used it for any purpose other than that for which it was settled and may impose a penalty of an amount not exceeding one hundred rupees on such person :
       Provided that no order under this sub-section shall be passed without giving such person a reasonable opportunity of being heard in the matter.
       (2) 2[* * *]
       CASE LAWS :
       Sec. 3-B - Lease - Resumption of - Land leased out in favour of 'SPM' - Different parcels of land were alienated in favour of others - In view of direction of High Court in a writ petition, Tahasildar initiated proceedings under Sec. 3 (B) of the Act and directed

S.4 Settlement of char and diara lands

       Nothing in any other law or custom or usage having the force of law shall debar the Government from making a settlement of any char or diara land coming into existence after the date of commencement of this Act such persons and subject to such terms and conditions as Government may deem fit :
       1[Provided that nothing in this section shall apply to any char land which may form part of the holding of a raiyat under Section 21 of the Orissa Land Reforms Act 1 6 of 1960.
       Explanation-For the purpose of this section-
       (a)"Char" means a gradual accretion to the bank formed by alluvial deposits in a river,
       (b)"Diara" means an island formed in the bed of a river or any land formed by the recession of a river.]
       1.Add

S.5 Section 61 of Orissa Tenancy Act, 1913 not to apply to Government lands

The provisions of Section 61 of the Orissa Tenancy Act (Bihar and Orissa Act 2 of 1913) shall not apply to any Government land.

S.5(a) Preparation of schemes for management and development of gochar lands

       Notwithstanding anything to the contrary contained in any other law or in any custom, practice or usage having the force of law-
       (a)the Government may, in the prescribed manner, prepare a scheme for the management and development of gochar lands and different schemes may be prepared in respect of gochar lands situated in different areas
       (b)where any such scheme has been prepared in respect to any gochar land which vests in a Grama Sasan constituted under the Orissa Grama Panchayat Act, 1964 (Act 1 of 1965) the concerned Grama Panchayat shall manage the gochar land in accordance with such scheme ; and
       (c)the Government may, if it deems fit, take over any gochar land for management and development in accordance with the scheme prepared in respect of such land.]
2. Inserted vide Orissa Act No.

S.6 Revision during settlement proceedings

The rent payable in respect of any Government land shall be liable to revision during settlement proceedings under the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959).

S.7 Appeal

       (1) An appeal shall lie against any order made under Section 3 or Section 3-B-
       (a)where such order is made by an officer below the rank of a Sub-divisional Officer, to the Sub-divisional Officer;
       (b)where such order is made by a Sub-divisional Officer, to the Collector; and
       (c)where such order is made by a Collector to the Revenue Divisional Commissioner.
       (2) No appeal shall be entertained under Sub-section (1) unless it is preferred within thirty days from the date of the order appealed against :
       Provided that appellate authority may admit an appeal preferred after the expiration of the aforesaid period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring it within

S.7(a) Revision

       (1) The Collector may revise any order made under Sub-section (1) 3[or under Sub-section (3)] of Section 7 by a Sub-divisional Officer and the Revenue Divisional Commissioner may revise any order made under that sub-section by the Collector, if an application is made by the aggrieved person within a period of ninety days from the date of the order :
       Provided that the Collector or the Revenue Divisional Commissioner, as the case may be, may admit an application under this sub-section after the expiration of the aforesaid period of ninety days if he is satisfied that the applicant had sufficient cause for not making the application within that period.
       (2) All applications for revision under Sub-section (1) shall be heard and disposed of in such manner as may be prescribed.
       1[(3) The Collector ma

S.7(b) Bar of jurisdiction of Civil Courts

       No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which any officer or authority is empowered by or under this Act to determine and no injunction shall be granted by any Civil Court in respect of any action taken or to be taken in exercise of any power conferred by or under this Act].
1. Inserted vide Orissa Act No. 2 of 1990.

S.8 Delegation of power

       The Government may by notification in the Official Gazette direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the direction, be exercisable also by any authority not below the rank of a Revenue Officer.
2.Substituted vide Orissa Act No. 5 of 1974.

S.8(a) Power to make rules

       -(1) The Government by notification in the Official Gazette and after previous publication make rules for carrying out the provisions of this Act.
       (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules in respect of all or any of the following matters, namely :
       (a)the rate of fees to be charged under this Act and the manner of payment thereof;
       (b)the form and the manner in which an application for settlement of lands may be made and the manner of settlement of lands;
       (c)the conditions and limitations subject to which lands may be dereserved;
       (d)the preparation of schemes for management and development of gochar lands;
    &nbs

S.9 Removal of doubts or difficulties

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 rules made thereunder, which appears to them necessary for the purposes of removing the doubt or difficulty.

S.1 Short title and commencement

       (1) These rules may be called the Orissa Government Land Settlement Rules, 1983.
       (2) They shall come into force on the date of their publication in the Official Gazette.

S.2 Definitions

       -(1) In these rules, unless the context otherwise requires-
       (a)"Act" means the Orissa Government Land Settlement Act, 1962;
       (b)"communal with respect to a land" means a land which is used by any village community or any section thereof for a communal purpose like burying or cremating dead bodies, celebrating public festivals, holding melas or common worship and the like without any interference from any body or paying any fees for the purpose;
       (c)"effective area of a village" means the total extent of private agricultural land plus arable Government lands consisting of gochar, village forests and waste land in the village multiplied by 20/23;
       Note-For the purpose of calculating arable Government land under this clause, the following categories of la

S.3 Plotting of urban lands reserved for house-sites

       -(1) Government lands belonging to any urban area reserved for house-sites under Clause (a) of Sub-section (1) of Section 3 shall be divided into convenient plots in accordance with the scale fixed by the consultation with the Municipality/Notified Area Council, as the case may be, subject to the approval of the Revenue Divisional Commissioner with reference to the requirements. In making such division the principles of the town planning and hygienic requirements shall be taken into consideration. The plots shall be so arranged as to ensure straightness of streets, guard against over-crowding and make suitable provisions for drainage. Any future requirement of Government and other public institutions shall also be kept in view.
       (2) If a Town Planning Scheme has been approved under the Orissa Town Planning and Improvement Trust Act, 1956 for any urban area, the Collector shall foll

S.4 De-reservation principles

       -(1) Any land which has been reserved under Clause (a) of Sub-section (1) of Section 3 or recorded as Gochar may be de-reserved by any officer not below the rank of Collector authorised by the State Government in that behalf. In making such de-reservation the following procedure shall be followed, namely :
       (i)"A notice inviting objection to the proposal for de-reservation specifying particulars of the area to be de-reserved and its situation such as village, Grama Panchayat and town, khata or holding and plot number and extent shall be published in the manner prescribed in Sub-rule (6) of Rule 5. A period of thirty days shall be allowed for filing objections, if any, before the concerned Tahasildar. If during the said period no objection is received, the Tahasildar shall submit his proposal for de-reservation giving justification for the same.
     &nbs

S.5 Manner of settlement of Government land-

       -(1) All applications for settlement of Government land irrespective of the purpose of lease or the extent of area involved either in rural or in urban area, shall be filed before the Tahasildar having jurisdiction over the area in which the land is situated.
       (2) Application for settlement of land shall be in Form 1.
       (3) On receipt of applications, they shall be forthwith entered chronologically in a register maintained in Form II. There shall be two such registers, one for the urban area and another for the rural area. The Tahasildar shall, on receipt of the application, cause a verification to be made in respect of each application with reference to the existing record-of-rights and maps, ascertain if the land applied for, is free from encroachment of encumbrance or not, and whether the lease can be granted and examined, whether any de

S.5(a) .

       Notwithstanding anything contained in Rules 3, 5, 8, 11, 12 and 13 lease settlement of Government land in the civil township of Rourkela Notified Area shall be made in the manner prescribed in Schedule IV.
1.Inserted vide Orissa Gazette Ext.No. 1578/18.11.1987-SRO No. 786/87/20.10.1987.

S.5(B) .

       Notwithstanding anything contained in Rules 3, 5, 5-A, 8, 11, 12, 13, settlement of Khasmahal and Nazul land, Gramakantha Parambok and Abadi land leased out prior to the 9th day of January, 1991 shall be made in the manner prescribed in Schedule V.
2.Inserted vide Orissa Gazette Ext. No. 1636/7.12.1993-Notfn.No. 53511 -GE-(GL)-S-40/93 (Pt.)-R./6.12.1993.

S.5(c) .

       Notwithstanding anything contained in Rules 3, 5, 5-A, 5-B, 8, 11, 12 and 13 settlement of Government Land on leasehold basis for homestead purposes in the urban areas of the State as mentioned in Schedule VI may be converted into free hold on permanent basis with hereditable and transferable rights in the manner prescribed in the said Schedule.
3.Inserted vide Orissa Gazette Ext. No. 1111- S.R.O.No. 407/98, Dt. 31.8.1998.

S.6 Principles for settlement

       Settlement of Government land for agricultural purposes shall be made village-wise. Every year, applications received in each quarter shall be considered in one batch for disposal in the first month of the succeeding quarter. Applications of each category of applications specified in Sub-section (3) of Section 3 shall be considered together and disposed of in the order of priorities.
       (2) Where reclamation schemes are undertaken by Government for agricultural development or for re-settlement or rehabilitation of displaced persons of any category including tribals or of weaker sections of the society, settlement of the land reclaimed shall be made according to such scheme in each case.
       (3) Char and Diara lands which are thrown out of a reservoir or any other irrigation project temporarily shall be settled for cultivation for a season only.

S.7 Settlement of land for homestead purposes in rural areas

       (1) In each village the land for homestead purposes shall be demarcated separately and for such purposes no settlement shall be made outside the demarcated areas.
       (2) The extent of land to be settled in favour of each person having no homestead land shall be such as may be determined by Government from time to time. Where the land is not sufficient to accommodate all such persons, settlement shall be made subject to the limit of availability.

S.8 Settlement of house-sites in urban areas

       -(1) In respect of each plot of land reserved for house-sites which falls under the categories mentioned in Clauses (ii) and (iii) of Sub-rule (1) of Rule 3 the Collector shall, with the approval of the Revenue Divisional Commissioner, fix a minimum premium; equal or approximate to the market value of the land prevailing in the urban area for similar lands in the vicinity, for payment by persons for whom such reservation is meant. The premium so fixed shall be received every three years and revised with the approval of the Revenue Divisional Commissioner. For areas where the prices of house-sites rapidly fluctuate, the Collector may get the rate revised at shorter intervals.
       (2) Applications for house-sites shall be taken up for consideration once in every half year. All pending applications shall be duly considered by the Collector and leases of plots granted strictly in confir

S.10 Terms and conditions of settlement

Terms and conditions of the settlement of lands for purposes other than agriculture, both in rural and urban areas, shall be such as may be determined by the Government from time to time.

S.11 Authorities competent to dispose settlement

Disposal of applications for settlement of lands for various purposes shall be made by the authorities specified in Schedule II up to the extent mentioned therein. All other cases for settlement of land shall be referred to the Government for orders.

S.12 Fees

       Fees payable in respect of matters referred to in Clause (d) of Sub-section (1) of Section 3 shall be in accordance with the rates specified in Schedule III :
Provided that the Government may exempt the fees prescribed in the said Schedule in any case or class of cases for settlement of land.

S.13 Intimation slip, lease deed, etc.

In all cases where a settlement of land is granted an intimation slip in Form IV shall be issued by the Tahasildar in the name of the lessee. Lease deed as wherever necessary, shall be executed and registered at the cost of the lessee.

S.14 Procedure for disposal of appeals and revisions

       Disposal of appeals and revisions under the Act shall be regulated by the following procedures, namely :
       (a)with every appeal or revision a certified copy of the order appealed against or sought to be revised shall be filed;
       (b)every appeal or revision petition shall be drawn up in the form of a memorandum signed and drafted by the appellant or petitioner or is recognised agent or his counsel. The memorandum shall set forth concisely and under distinct head the grounds of objection to the order appealed against or sought to be revised and such grounds shall be numbered consecutively;
       (c)if an appeal or revision petition is admitted, the authority hearing the appeal or revision petition may call for a report from the officer against whose order the appeal or revision has been filed;
 &

S.15 Repeal

       (1) The Orissa Government Land Settlement Rules, 1974is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action takenunder the rules so repealed shall be deemed to have been done or taken under these rules.

Form.2 Form of Register

       FORM II
       [See Rule 5 (3)]
       Form of Register
       1.Serial number.................
       2.Date of application.................
       3.Whether for agriculture, homestead or any other purpose.................
       4.Name and residence of applicant.................
       5.Name of village/urban area, Khata No. Plot No. of the land applied for.................
       6.Area of the plot with its boundaries as given in the application.................
       7.Area of the plot as ascertained by actual enquiry.................
       8.Amou

Form.4 Intimation slip for settlement of lands

       FORM IV
       [See Rule 13]
       Intimation slip for settlement of lands
       Office of the Tahasildar.................
       District.................
       Case No.................
       Name of village.................
       Name of Thana.................
       Thana No. of the village.................
       Name of the person in whose favour land is
       ordered for settlement.................
       Holding No.................
       Plot No, and area in acres.

Sch.1 Affidavit

       SCHEDULE I
       [See Note below Rule 8 (4)]
       Affidavit
       In the Court of Shri ..................................
       Magistrate ..................................
       I, Shri ............................................................aged ................. son of ..................................village .................P.O.................P. S................. in the district of .................at present .................by profession ................. do hereby solemnly affirm as follows :
       1.That my income from all sources is Rs ................. (Rupee..................................).
       2.That I or any of my family members d

Sch.2 Power to sanction settlement of Government land

       SCHEDULE II
       [See Rule 11]
       Power to sanction settlement of Government land
(1)(2)(3)(4)(5)

Sch.4 Rules for allotment of Government lands in the civil township of Rourkela Notified Area

       1[SCHEDULE - IV
       [See Rule 5-A]
       Rules for allotment of Government lands in the civil township of Rourkela Notified Area
       Definitions-In this schedule, unless there is anything repugnant to the subject or context :
       (a)"Additional District Magistrate" means the Revenue Officer who is appointed by State Government as such with headquarters at Rourkela;
       (b)"Authorised Local Representative" means the officer who is duly authorised by a Head of Department of the State Government or concerned Ministry of the Union Government to file requisition for land within the township and receive land in its behalf;
       (c)"Commissioner" means the Revenue Divisional Commissioner, North

Sch.5 Rules for lease and settlement of Khasmahal and Nazul land and Gramakantha Perambok and Abadi lands which were leased out prior to the 9th January, 1991.

       1[SCHEDULE - V
       [See Rule 5-B]
       Rules for lease and settlement of Khasmahal and Nazul land and Gramakantha Perambok and Abadi lands which were leased out prior to the 9th January, 1991.
       1. Manner of recording of leases/sub-leases, etc. in respect of Nazul/Khasmahal lands, payment of compensation-(a) Tahasildar shall record the holder of Khasmahal/Nazul lease-hold land of a lessee if such land was leased out prior to the 9th day of January, 1991. The holder of such land includes a lessee, sub-lessee and a subsequent sub-lessee. This provision shall not apply to cases of Khasmahal/Nazul lease hold lands utilised for homestead purposes in any urban area,
       (b) Before recording as a lessee/sub-lessee and subsequent sublessee as provided under Sub-clause (

Sch.6 Rules for Conversion of lease-hold into free-hold of Government land leased out for homestead/house site purpose in the urban areas of the State excepting Bhubaneswar and Sunabeda.

       1[SCHEDULE VI
       [See Rule 5-C]
       Rules for Conversion of lease-hold into free-hold of Government land leased out for homestead/house site purpose in the urban areas of the State excepting Bhubaneswar and Sunabeda.
       1. Manner of applying for conversion of lease hold into freehold - (a) A leaseholder who is desirous for conversion of his leasehold lands to free hold with permanent, hereditary and transferable rights and is willing to pay conversion fee, may apply in Form No.1 to the Tahasildar for such conversion in any Urban area other than that of Rourkela.
       (b) In respect of lands in urban area of Rourkela such application may be made to the Additional District Magistrate, Rourkela in the aforesaid Form No.1.
       

Form.1 Application for conversion of lease hold lands to freehold in respect of homestead/house sites in urban areas.

       FORM No. 1
       [See Sub-clause (a) of Clause 1]
       Application for conversion of lease hold lands to freehold in respect of homestead/house sites in urban areas.
       To
       The Tahsildar
       The A.D.M. Rourkela
       1.(a)Name of the Applicant
       (b)Age
       2.Father's name
       3.(a)Present Residential Address (in full)
       (b)Permanent Home Address (in full)
       4.Detail Particulars/Land Schedule of the leasehold homestead/house site applied for conversion
    

Form.3 AFFIDAVIT

       FORM No. 3
       [See Sub-clause (i) of Clause 1]
       AFFIDAVIT
       (To be sworn by person in whose favour the conversion is sought)
       I.......................................S/o., D/o., W/o., Shri...................resident of...........do hereby solemnly affirm and declare as under...........
       1. That I am the lessee/Allottee in physical possession of the plot No................Khata No..........village......in........tahsil of........district.
       OR
       That I am in physical possession, under a valid conveyance/lease deed, dated............executed in my favour in respect of the plot No..............in khata No...........in village......

Form.5 CONVEYANCE DEED

       FORM No. 5
       [See Sub-clause (a) of Clause-5]
       CONVEYANCE DEED
       (For conversion of lease hold land to free hold in urban areas for house site purpose)
       This conveyance made on this........day of.........between the Governor of Orissa, hereinafter called "The Government" (Which expression shall unless excluded by or repugnant to the context be deemed to include his successors in office and assigns) of the one part and Shri/Smt.......... ..........................wife/son/daughter/widow of Shri........................ aged....... years ....... resident of village/Unit ......... P.S........... Tahsil .......... District ........ hereinafter called "the purchaser" (which expression shall unless excluded by or repugnant to the context be deemed to include his

Form.6 Intimation regarding conversion of lease hold to free hold

       FORM No. 6
       [See Clause 6]
       Intimation regarding conversion of lease hold to free hold
       From
       The Tahasildar
       The A.D.M.,Roukela
       1.District...
       2.Tahsil...
       3.Name of the village...
       4.Name of the P.S....
       5.Name of the person in whose
       favour the conversion is allowed....
       6.Land Schedule...Holdings/Khata No .................
       Plot No ...........................