ORISSA PREVENTION OF LAND ENCROACHMENT ACT, 1953

Act No. 15 of 1954

27th October, 1954

An Act to consolidate and amend the law relating to the prevention of unauthorised occupation of lands which are the property of Government.

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S.1 Legislative Papers

For Statement of Objects and Reasons, see Orissa Gazette, Extraordinary, dated the 25th February, 1953, p. 10, for Report of Select Committee, see ibid, dated the 12th March, 1954 and for Proceedings in the Assembly, see Proceedings of the Orissa Legislative Assembly, 1954, Vol. VI. No. 23.

(1) This Act may be called the Orissa Prevention of Land Encroachment Act, 1954.

(2) It shall extend to the whole of the State of Orissa,

(3) It shall come into force at once.

S.2 Property of the Government

Subject to the provision of any law for the time being in force, the following classes of lands are hereby declared to be property of Government for the purposes of this Act, namely:-

(a) All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nalas, lakes and tanks, and all canals and water-courses and all standing and flowing water, and all lands other than temple sites, house-sites or backyards wherever situated, save in so far as the same are the property-

• (i) of any Ruler of an Indian State merged with the State of Orissa, Zamindar, Proprietor, sub-Proprietor, Landlord, Malguzar, Poligar, Mittadar, Jagirdar, Shrotriemadar, Inamdar, Ilaquedar, Khorposhdar or any other tenure holder or any person claiming through or holding under any of them; or
• (ii) of any person paying shist, Kattubadi, Jodi poruppu or quit
  

S.3 Levy of assessment on lands unauthorisedly occupied

Any person who shall unathorisedly occupy any land which is the property of Government shall be liable to pay by way of assessment-

• (i) if the land so occupied was at any time assessed to rent the full assessment for the whole period of occupation or a part thereof proportionate to the area occupied, as the case may be, provided that for special reasons the Collector or subject to his control a Deputy Collector a Sub-Deputy Collector may impose the full assessment of rent or any lesser sum irrespective of the area occupied;
• (ii) if the land so occupied was not at any time assessed to rent, an assessment on the area occupied calculated for the same period at the rate imposed on lands of a similar description and with, similar advantages in the vicinity or when no such prevailing rate exists, in such manner as may be prescribed under section 8;

Provided that notwithstanding anything in the Tenancy Laws for the time being in force payment of assessm

S.4 Decision as to the amount of assessment shall not be challenged in any Civil Court

The decision as to the rate or amount of rent assessed payable under section 3 shall be recorded in writing and shall not be called into question in any Civil Court.

S.5 Liability of person unauthorisedly occupying lands to penalty

Subject to the provisions of section any person liable to pay assessment under section 3 shall, at the discretion of the Collector or subject to his control of a Deputy Collector or Sub-Deputy Collector, be liable to pay in addition to the assessment, by way of penalty a sum not exceeding five rupees or, when ten times the assessment payable for one year under section 3 exceeds five rupees, a sum not exceeding ten times such assessment.

S.6 (1) Summary eviction, forfeiture and fine

(1) Any person unauthorisedly occupying land for which he is liable to pay assessment under section 3 may be summarily evicted by the Collector and any crop or other product raised on the land, arty encroachments such as a building, other construction or anything deposited thereon shall be liable to forfeiture:

Provided that in the case of said encroachments the Collector shall give reasonable notice to remove the same:

Provided further that unless such land is required for a public purpose the Collector may not take action under this sub-section till the provisions under section 3 and section 5 are taken recourse to and considered insufficient.

S.6 (2) Summary eviction, forfeiture and fine

The decision as to the rate or amount of rent assessed payable under section 3 shall be recorded in writing and shall not be called into question in any Civil Court.

(2) If such person fails to remove the encroachments within the time specified in the notice the Collector may in his discretion in addition to the order of forfeiture, impose a fine which may extend to fifty rupees, and a daily fine of rupees ten until the encroachment has been removed.

S.6 (3) Summary eviction, forfeiture and fine

Forfeitures under this section shall be adjudged by the Collector and any property so forfeited shall be disposed of as the Collector may direct.

S.6 Mode of eviction Summary eviction, forfeiture and fine

(4) An eviction under this section shall be made in the following manner, namely:-

By serving a notice in the manner provided in section 7 on the person reported to be in occupation or his agent requiring him within such time as the Collector may deem reasonable after receipt of the said notice, to vacate the land and if such notice is not obeyed, by removing or deputing a subordinate officer to remove any person who may refuse to vacate the same.

S.6 (5) Summary eviction, forfeiture and fine

5 If the officer removing any such person shall be resisted or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for the arrest of : the said person and on his appearance may send him with a warrant in the form appended to the Schedule I for imprisonment in the Civil Jail of the district for a period not exceeding thirty days as may be necessary to prevent the continuance of such resistance or obstruction.

S.7 Prior notice to person in unauthorised occupation

Before taking proceedings under section 5 or section 6 the Collector, the Deputy Collector or the Sub-Deputy Collector, as the case may be, shall cause to be served on the person reported to be in unauthorised occupation of the property of Government, a notice specifying the land so occupied and calling upon him to show cause before a certain date as to why he should not be proceeded against under section 5 or section 6. Such notice shall be served in such manner as the State Government may, by rules or orders under section 8, direct.

S.8 (1) Power to make rules

The State Government may, subject to the condition of previous publication, make rules or orders either generally of in any particular instance-

• (a) regulating the rates of assessment leviable under section 3;
• (b) regulating the imposition of penalties under section 5;
• (c) declaring that any particular land or class of lands which are the property of Government shall not be open to occupation;
• (d) regulating the service of notice under this Act.

S.8 (2) Power to make rules

2 All rules made under this section shall be laid as soon as possible after they are made before the Orissa Legislative Assembly for a total period of fifteen days which may be comprised in one session or in two or more sessions and shall be subject to such modifications as the Assembly may make during the said period.

S.8 (3) Power to make rules

3 All rules made under sub-section (1) shall subject to such modifications as may be made under sub-section (2), have effect as if enacted in this Act.

S.9 Recovery of assessment and penalty as a public demand

The amount of fine, assessment and penalty, imposed under this Act on any person unauthorisedly occupying any land shall be deemed to be land revenue and recoverable from him as arrears of land revenue.

S.10 - Appeal and revision (1) Appeal and revision

(1) An appeal shall lie (a) to the Collector from any decision or order passed by a Deputy Collector or a Sub-Deputy Collector under this Act and (b) to the Board of Revenue from any decision or order of the Collector passed otherwise than on appeal. There shall be no appeal against the decision or order.

S.11 Limitation of appeal

No appeal shall be brought after the expiry of the thirty days from the date of the decision or order complained of provided that in computing the period of thirty days, the time required to obtain a copy of the decision or order appealed against shall be excluded. But the appeal may be admitted after the period hereinbefore provided if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within the prescribed period.

S.12 Document accompanying petition of appeal

Every petition of appeal under this Act shall be accompanied by the decision or order appealed against or by an authenticated copy of the same.

S.13 Saving of operations of other laws in force

Nothing contained in this Act shall be construed as exempting any person unauthorisedly occupying land from liability to be proceeded against under any law for the time being in force.

Provided that if any penalty has been levied from any person of under section 5 of this (Act, no similar penalty shall be levied from him under any other law for the time being in force in respect on such occupation:

Provided further that any person imprisoned under sub-section (5) of section 6 shall not be liable to be prosecuted under sections 183, 186 or 188 of the Indian Penal Code (XLV of 1860) in respect of the same facts.

S.14 Saving of suits by persons aggrieved by any proceeding

Subject to the provisions of section 4 any person aggrieved by any proceedings under this Act may apply to the Civil Court for redress:

Provided that the Civil Court shall not take cognizance of any suit instituted by such person for any such cause of action unless such suit is instituted within six months from the time at which the cause of action arose.

Explanation-The cause of action shall be deemed to have arisen-

• (a) in respect of any assessment or penalty, on the date on which notice of such assessment or penalty Was served on the person;
• (b) in respect of eviction or forfeiture, on the date of eviction or forfeiture:

Provided further that for purpose of computing the period of limitation the period spent in appeal or revision shall be excluded.

S.15 Delegation of power and duties of Collector Deputy Collector and Sub-Deputy Collector

The State Government may by order direct that any power, duties or functions conferred or imposed on a Collector or Deputy Collector or Sub-Deputy Collector, shall in such circumstances and under such conditions, if any, as may be specified in that order, be exercised or discharged by such other officer or authority as may be specified in that order:

Provided that the powers of the Collector under sub-section (5) of section 6 may not be delegated to any Deputy Collector or Sub-Deputy Collector below the rank of a Sub-divisional Magistrate.

S.16 Protection of action to be taken under this Act

No suit, prosecution or other legal proceedings shall against any person for anything in good faith done or intend to be done in pursuance of this Act.

S.17 - Repeal and savings Repeal and savings

(1) The enactments mentioned in the Schedule II a repealed to the extent specified in column 4 thereof.

(2) All things done liabilities incurred, amounts assessed penalty or fine imposed, enquiries held, notices served, warrants issued, eviction ordered, forfeiture adjudged and rules made under any of the enactments hereby repealed shall, so far as may be deemed to have been respectively done, incurred, assessed imposed, held, served, issued, ordered, adjudged and made under this Act.

S.18 Power of State Government in cases of doubts and difficulties

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, as occasion may require, do anything which appears to them to be necessary, to remove the difficulty.

S.SCHEDULE I SCHEDULE I [Section 6 (5)] Form of warrant to be issued by the Collector under section 6

Seal

To

The Officer-in-charge of the Civil Jail at................................

Whereas A, B of.....................has resisted or obstructed C, D in removing E, F (or himself, that is, the said A, B) from certain land in the village of......................in the..................... mouza, and whereas it is necessary in order to prevent the continuance of such resistance or obstruction to commit the said A, B to close custody; you are hereby required under the provisions of section 6 of the Orissa Prevention of Land Encroachment Act, 1954, to receive the said A, B into the Jail under your charge and there to keep him in safe custody for............days.

Dated this..................day of

(Signature of Collector)

S.SCHEDULE II SCHEDULE II [Section 17]

Year	Number	Short title	Extent of repeal
1905	...	(Madras)	Whole
1917	(C.P.)		Sections 217 and 219
1936	....		The entry "1947 XXXIII The Orissa Land Encroachment Act, 1947" in Part VI of the Schedule.
1947	...		Whole
1950	...	III	The entry "1947 XXXIII The Orissa Land Encroachment Act, 1947" in the Schedule.

The Madras Land Encroachment Act.

The Central Provinces Land Revenue Act.

The Angul Laws Regulation.

The Orissa Land Encroachment Act.

The Orissa Merged States (Laws) Act.