REGISTERED No. D. 221
रजिस्ट्री सं० डी० 221
भारत काराजपत्र The Gazette of India
ri .
असाधारण
EXTRAORDINARY
भाग II-खण्ड 1
PART II Section 1
प्राधिकार से प्रकाशित
16/11
PUBLISHED BY AUTHORITY
सं० 54]
नई दिल्ली, शनिवार, सितम्बर 29, 1973/श्राश्विन 7, 1895
No. 54] NEW DELHI , SATURDAY, SEPTEMBER 29 , 1973 / ASVINA 7 , 1895
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 29th September , 1973 / Asvina 7 , 1895 ( Saka )
The following President's Act is published for general informa- tion: -
THE ORISSA LAND REFORMS (AMENDMENT) ACT, 1973
No. 17 OF 1973
Enacted by the President in the Twenty -fourth Year of the Republic of India .
An Act further to amend the Orissa Land Reforms Act , 1960.
20 of 1973 .
In exercise of the powers conferred by section 3 of the Orissa State Legislature ( Delegation of Powers) Act , 1973 , the President is pleased to enact as follows:-
1. ( 1 ) This Act may be called the Orissa Land Reforms (Amendment)
Act, 1973 .
Short titleand commence- ment.
(2) It shall come into force on such date as the State Government may , by notification in the Official Gazette, appoint.
2. In section 2 of the Orissa Land Reforms Act, 1960 ( hereinafter referred to as the principal Act) ,-
Orissa Act 1 of 1960.
Amend- ment of section 2.
(a) for clause ( 5) , the following clause shall be namely:- substituted ,
' (5) " ceiling area " means the extent of land which a raiyat or land -holder shall be entitled to hold under section 37;' ;
(b) for clause ( 5 -a ) , the following clause shall be substituted , namely:-
' (5-a) " classes of land " means-
Class I. Irrigated land in which two or more crops ( i ) were at any time within a period of three years before the
( 591 )
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[PART II- 592
commencement of the Orissa Land Reforms (Amendment) Act , 1973 grown or ( ii ) can, in the opinion of the Collector , be grown.
Class II . Irrigated land in which not more than one crop ( i ) were at any time within a period of three years before the commencement of the Orissa Land Reforms (Amendment) Act, 1973 grown or ( ii) can, in the opinion of the Collector, be grown .
Class III .-Land , other than irrigated land , in which paddy ( i ) were at any time within a period of three years before the commencement of the Orissa Land Reforms (Amendment) Act , 1973 grown or ( ii ) can, in the opinion of the Collector, be grown .
Class IV . Any other land.
Explanation. For the purposes of this clause, tanks , cocoa- nut gardens and orchards ( except orchards growing banana ) , shall be deemed to be Class III land ; ' ;
(c) for clause ( 13 ) , the following clause shall be substituted , namely:-
' (13 ) " irrigated land " means land which is assured of irri- gation from an irrigation project constructed or maintained or improved or controlled by the Central Government or the State Government or by a body corporate established under any law for the time being in force and includes land which is assured of irrigation from any private source by means of tubewell or lift irrigation from any perennial water source operated by diesel or electric power , but does not include continually water- logged lands or sand - cast lands ;' ;
(d) for clause (24 ) , the following clause shall be substituted, namely:-
' (24) " privileged raiyat" means-
OrissaAct 2 of 1963 (a) a co- operative society registered or deemed to be registered under the Orissa Co- operative Societies Act , 1962 and includes a land development bank and the State Land Development Bank as defined in that Act ;
(b) " Lord Jagannath " at Puri and His Temple within the meaning of the Shri Jagannath Temple Act , 1955;
Orissa Act11 of 1955.
(c) any trust or other institution declared under this Act to have been a privileged raiyat prior to the commence- ment of the Orissa Land Reforms (Amendment ) Act , 1973 ;
(d) any trust or other institution whose estate has been declared to be a trust estate by a competent authority under the Orissa Estates Abolition Act , 1951 ;
Orissa Act11 of 1952, ( e) any other trust which is declared to be a religious or charitable trust of a public nature by the Tribunal consti- tuted under section 57 -A; and
(f) any public financial institution ;' ;
SEC. 1 ]
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593
(e) after clause 24 , the following clause shall be inserted, namely:-
' ( 25) "public financial institution " means
10 of 1949 .
( i) a banking company within the meaning of the Banking Regulation Act , 1949 ;
(ii) the State Bank of India constituted under the State Bank of India Act, 1955;
23 of1955 .
38 of1959 .
( iii ) a subsidiary bank within the meaning of the State Bank of India ( Subsidiary Banks ) Act, 1959 ;
5 of1970 ,
(iv ) a corresponding new bank within the meaning of the Banking Companies (Acquisition and Transfer of Under- takings ) Act , 1970;
10 of 1963 .
(v) the Agricultural Refinance Corporation established under the Agricultural Refinance Corporation Act, 1963;
18 of1964.
(vi) the Industrial Development Bank of India estab- lished under the Industrial Development Bank of India Act , 1964;
15 of1948.
(vii) the Industrial Finance Corporation of India estab- lished under the Industrial Finance Corporation Act , 1948; and
(viii) the Orissa State Financial Corporation established under the State Financial Corporations Act, 1951 ; ' ;
63 of 1951.
(f) after clause (28 ) , the following clause shall be inserted, namely:-
2 of 1934 ,
' (29) " scheduled bank" means a bank included for the time being in the Second Schedule to the Reserve Bank of India Act, 1934;';
(g) for clause (30) , the following clause shall be substituted , namely:---
'(30) " standard acre " means the unit of measurement of land equivalent to one acre of Class I land, one and one - half acre of Class II land, three acres of Class III land or four and one- half acres of Class IV land .
Explanation . For the purposes of conversion , one acre shall be equal to 0.4047 hectare; ' .
3. In section 4 of the principal Act,--
Amend-
ment of section 4.
(a) in sub -section (2 ) , after the first proviso , the following proviso shall be inserted, namely:-
"Provided further that any such person as aforesaid who has failed to make an application within any of the periods speci- fled in this sub- section may make such application within period of two years from the commencement of the Orissa Land Reforms ( Amendment) Act , 1973; " a THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
594
(b) in sub - section ( 5) , after the first proviso , the following pro- viso shall be inserted , namely : -
"Provided further that any such sub- tenant or under - raiyat who has failed to make such application within any of the periods specified in this sub - section may make an application within a period of two years from the commencement of the Orissa Land Reforms (Amendment ) Act , 1973 : " .
4. After section 6 of the principal Act , the following section shall be inserted , namely:-
Insertion of new section 6-A .
Temporary ban on transfer ofland settledby Govern- ment,
"6-A. ( 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 purposes under a permanent lease from Government shall , if such transfer is made within a period of five years from the date of such settlement without obtaining the pre- vious 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 .
16 of 1908 .
(3) Notwithstanding anything contained in any other law for the time being in force , where any document required to be register- ed under the provisions of clause ( a) to clause ( e ) of sub - section (1) of section 17 of the Registration Act , 1908 purports to transfer any such land within the period specified in sub - section ( 1 ) , no re- gistering officer appointed under that Act shall register any such document unless such document is accompanied by the written per- mission of the Revenue Officer for such transfer .
Orissa Act 2 of1963 .
(4 ) Nothing in sub - section ( 1 ) or sub - section ( 3) shall apply to any transfer by way of mortgage executed in favour of any sche- duled bank or in favour of any bank to which the Orissa Co - operative Societies Act, 1962 applies and nothing in sub - section ( 2 ) shall apply to a money decree obtained by any such bank. ".
5. In section 7 of the principal Act , for sub -section ( 2) , the following sub - section shall be substituted , namely: -
Amend- ment of section 7 .
(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 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 the Orissa Land Reforms ( Amendment) Act , 1973 as were existing immediately prior to such commencement SEC . 1 ]
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595
shall not be liable to be modified or extinguished in any manner whatsoever ." .
6. In section 9 of the principal Act,-
Amend- ment of section 9 .
(a) in sub - section (1 ) , clause ( i ) of the Explanation shall be omitted;
(b) after sub - section ( 1 ) , the following sub - section shall be in- serted, namely: ---
" (1 -A) The Revenue Officer, on an application made in this behalf by the person referred to in sub - section ( 1 ) , in the pres- cribed form and manner and within the prescribed period , may , after such inquiry as may be necessary , issue a certificate in the prescribed form to such person to the effect that he has become a raiyat in respect of the whole , or , as the case may be , a portion of the site as aforesaid and if such person is evicted from the site at any time after the commencement of the Orissa Land Reforms (Amendment ) Act , 1973 the Revenue Officer shall , by order , direct that possession of the site be delivered to the said person and may take such further steps as he may consider necessary to give effect to the order so passed ." ;
(c) in sub -section ( 3 ) , for the words " to the person" , the words "to the Government or the land- holder, as the case may be, " shall be substituted .
7. In section 15 of the principal Act,-
(a) in sub - section ( 1 ) ,-
Amend- ment of section 15 .
(i) in clause (c) , the word " or " shall be added at the end ;
( ii ) after clause (c ) , the following clause shall be inserted, namely:-
" (d) the existence of the relationship of landlord and tenant.";
(b) in sub - section ( 2 ) , for the words , brackets and letters " in cases under clauses ( b ) and ( c) thereof " , the words , brackets and letters " in cases under clauses ( b ) , (c ) and (d) thereof " shall be substituted .
Amend- ment of section 22 8. In section 22 of the principal Act , for sub - sections ( 3) and (4) " including the proviso thereto , the following sub - sections shall be substi- tuted , namely :-
" ( 3) Except with the written permission of the Revenue Officer , no such holding shall be sold in execution of a decree to any person not belonging to a Scheduled Tribe .
16 of 1908 .
(4) Notwithstanding anything contained in any other law for the time being in force, where any document required to be register- ed under the provisions of clause ( a) to clause ( e ) of sub - section ( 1) of section 17 of the Registration Act , 1908 purports to effect transfer of a holding or part thereof by a raiyat belonging to a Scheduled Tribe in favour of a person not belonging to a Scheduled Tribe , no registering officer appointed under that Act shall register any such THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 596
document, unless such document is accompanied by the written per- mission of the Revenue Officer for such transfer .
(5) The provisions contained in sub - sections ( 1 ) to ( 4) shall apply , mutatis mutandis ,to the transfer of a holding or part thereof of a raiyat belonging to the Scheduled Caste .
(6) Nothing in this section shall apply-
(a) to any sale in execution of a money decree passed , or to any transfer by way of mortgage executed , in favour of any sche- duled bank or in favour of any bank to which the Orissa Co - ope- rative Societies Act , 1962 applies : and
Orissa Act 2 of 1963.
(b) to any transfer by a member of a Scheduled Tribe with- in a Scheduled Area ." .
9. After section 22 of the principal Act , the following section shall be inserted , namely: -
Insertion of new section 22-A.
"22-A. ( 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 .
Surren- deror abandon- ment by raiyat or tenant .
(2) Any raiyat or tenant desiring to surrender or abandon his holding or any part thereof may furnish information thereof in writ- ing 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 , by order , either approve or dis- approve 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.
(4) Where the surrender or abandonment of any holding or part thereof is approved by the Revenue Officer under this section , the holding or part thereof so surrendered or abandoned shall be settled by the Government-
( i) where such surrender or abandonment was made by a person belonging to a Scheduled Tribe , with another person be- longing to the Scheduled Tribe ; or
(ii) in a case where no person belonging to a Scheduled Tribe is available or willing to take settlement under clause ( i) or in any other case , with any other person in accordance with the priorities specified in sub-section (2 ) of section 51.
(5) Where any raiyat or tenant surrenders or abandons his holding or any part thereof without the previous approval of the Revenue Officer and the holding or part thereof so surrendered or abandoned is taken possession of by the landlord, then, it shall be competent for the Revenue Officer ( after giving to the landlord an THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1 ]
597
opportunity of being heard) to impose on the landlord a penalty of an amount not exceeding two hundred rupees per acre of the land so surrendered or abandoned for each year or any part thereof dur- ing which the possession is continued ." .
10. In section 23 of the principal Act , for sub -section (2 ) , the follow- ing sub - section shall be substituted , namely: -
Amend- ment of section 23 .
" (2) After holding such inquiry 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 a 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 pos- session is continued in pursuance of the transfer which has been dec- lared to be invalid . " .
11. In Chapter II of the principal Act , after section 23 , the following section shall be inserted , namely : -
Insertion of new section 23-A
'23 -A. ( 1 ) If in any proceedings under section 23 , the validity of the transfer of any holding or any part thereof is called in ques- tion, 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 .
36 of 1963 .
Burden of proof and amend- ment of Limita- tion Act, 1963 in its applica- tion to proceed- ings under section 23 .
(2) In the Limitation Act, 1963 in its application to proceedings under section 23 , 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 be- longing to a member of a Scheduled Tribe or a Scheduled Caste , specified in relation to the State of Orissa in the Constitution (Sche- duled Tribes) Order , 1950 or the Constitution ( Scheduled Castes) Order , 1950 , as the case may be" shall be inserted.' .
12. In section 24 of the principal Act , in sub - section ( 2 ) , the words "on the commencement of this Act" shall be omitted .
Amend- ment of section 24,
13.In Chapter III of the principal Act, after section 36, the following sections shall be inserted , namely : -
Insertion of new sections 36-A and 36-B.
Tenant to become raiyat in respect of the whole of the
land where no application 1s made under section 26 .
" 36 -A. Notwithstanding anything contained in the foregoing provisions of this Chapter but , subject to the provisions of sub -sec- tion (2) of section 24, where neither the landlord nor the tenant, having a right to make an application under section 26 in respect of any land , has made such application , 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 (Armend- ment) Act , 1973 and after giving the parties interested an opportu- nify of being heard, declare the whole of such land to be non - resum- able 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.
[PART 11- THE GAZETTE OF INDIA EXTRAORDINARY
598
36 -B . Where no application is made under section 36 -A by the tenant, the Revenue Officer may, on his own motion within one year from the expiry of the period specified in the said section , take all such action and in such manner as is provided in that section." .
Procedure where no applica- tion is made under section 36-A.
14. For sections 37, 38 , 39, 40 and 41 of the principal Act, the follow- ing sections shall be substituted , namely:-
Substitu- tion of new sections for sections 37, 38, 39, 40 and 41 .
Definitions .
'37 . In this Chapter,-
(a) " person" includes a company , family , association or other body of individuals , whether incorporated or not , and any insti- tution capable of owning or holding property;
(b ) " family " , in relation to an individual , means the indivi- dual , 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 .
Ceiling area .
37-A . The ceiling area in respect of a person shall be ten stand- ard acres:
Provided that where the person is a 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 mem- ber in excess of five , so , however , that the ceiling area shall not ex- ceed eighteen standard acres .
37-B . On and from the commencement of the Orissa Land Reforms (Amendment ) Act , 1973 , no person shall , either as land- holder or raiyat or as both , be entitled to hold any land in excess of the ceiling area .
Persong not entitled to hold land in excess of ceiling area . Lesia
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 .
38. Save as otherwise provided in this section , the provisions of this Chapter shall not apply to-
Exemp- tions from ceiling.
(a) lands held by a privileged raiyat:
Provided that nothing in this clause shall apply to any land held by a raiyat under a privileged raiyat ;
(b) lands held by industrial or commercial undertakings 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 workshops:
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 , for the purpose SEC. 1 ]
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599
for which they had been set apart, the Collector may, after giving notice to the persons concerned , by order , direct that the provisions of this Chapter shall apply to the said lands :
Provided further that the Collector may , on an application made to him in this behalf and on being satisfied that it is necessary or expedient so to do , extend the said period of five years by such further period or periods as he may deem fit , so , however, that the total period of such extension shall not ex- ceed in any case eight years ;
(c) plantations .
Explanation . " Plantation " means any land used principal- ly for cultivation of coffee , cocoa or tea (hereafter in this Expla- nation referred to as " plantation crops " ) and includes lands used for any purpose ancillary to the cultivation of the plantation crops or for the preservation of the same for their marketing;
(d) lands held by any agricultural university , agricultural school or college , or any institution conducting research in agri- culture .
39. In determining the ceiling area in respect of a person, the following principles shall be followed, namely: -
Principles fordeter- mining the ceilin area.
(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;
(b) any land which was transferred by sale, gift or other- wise or partitioned by the person during the period beginning with the 26th day of September , 1970 and ending with the com- mencement of the Orissa Land Reforms (Amendment ) Act, 1973 shall be taken into account as if such land had not been trans- ferred or partitioned , as the case may be;
(c) where the person is a member of a co - operative farming society , the extent of land which he would get as his share if the land held by such society is divided shall be taken into account ;
(d) lands in the possession of a tenant or a mortgagee shall be deemed to be lands held by the person .
40. (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 (Amend- ment) Act , 1973 , transfer by sale , gift or otherwise or effect any par- tition 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 :
Provided that nothing contained in this sub - section shall apply to- for
Prohibi- tion of transfer and partition of land and restriction of suits specific perfor- mance of contracts .
(a) any transfer by way of mortgage executed in favour of-
(i) the Central Government or any State Government ;
600
[PART II- THE GAZETTE OF INDIA EXTRAORDINARY
( ii) any public financial institution;
( iii) any bank to which the Orissa Co - operative Socie- ties Act, 1962 applies ;
Orissa Actof 1963.
or (iv ) any corporation established by law which is own- ed, controlled or managed by the Central Government by any State Government;
(v) any company in which not less than fifty - one per cent. of the paid-up share capital is held by tl Central Government or by any one or more State Governments ; or
(b) any sale of land in execution of a decree or order or an award for the realisation of money due under any such mortgage .
(2) If a person makes any transfer , whether by sale, gift or otherwise , of any land in contravention of the provisions of sub- section ( 1 ) , the State Government may , in the first instance , take pos- session of such land , equal in area to the surplus land which is to vest in the State, from out of the land held by such person and where such recovery from such person is not possible, from out of the land heid by the transferee:
Provided that where the transferee is a person who is eligible for allotment of surplus land in accordance with the provisions of this Act, the State Government may , instead of enforcing its right to recover the surplus land or land equal in area thereto, recover from the transferor the amount which he had received as considera- tion from the transferec of such land .
(3) Every suit for the specific performance of a contract for the transfer of land , instituted after the 26th day of September , 1970 , and before the commencement of the Ori sa Land Reforms (Amend- ment ) Act , 1973 shall abate and no suit for the specific performance of any such contract entered into before such commencement shall be maintainable .
Submis- sion of returns .
40 -A. ( 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 the commencement of the Orissa Land Reforms (Amendment) Act, 1973 , shall , before the expiry of ninety days from such commencement , submit to the Revenue Offi- cer, in such form and in such manner as may be prescribed , a re- turn indicating the parcels of land which he wishes to retain and the parcels of land in excess of the ceiling area (hereinafter refer- red to as " surplus lands " ) and furnish in the said returns such other particulars as may be prescribed .
(2) In any case where lands form the subject-matter of any proceeding for resumption under Chapter III or of mutation pro- ceeding or proceedings for partition in a civil court , pending on the date of submission of the return under sub -section ( 1 ) , the person referred to in that sub - section shall submit a revised return on the basis of the result of such proceeding in accordance with the said sub - section within ninety days from the date of the issue of the certificate under section 29 , or , as the case may be , from the date of final disposal of the mutation proceedings or the proceedings in the civil court after the termination of appeal , revision or review , if any.
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SEC. 1]
601
41. The return referred to in section 40-A shall be submitted Responsi- bility for submitting returns .
(1) in the case of an individual, by the individual or his guar- dian, if he is a minor;
(2) in the case of a family, by the head of the family;
(3) in any other case , by an individual competent to act on behalf of the person by whom the return is to be submitted .' .
15. In section 42 of the principal Act,--
Amend- ment of section 42 .
(a) for the figures "40 " , at both the places where they occur , the figures and letter " 40 -A" shall be substituted;
(b) for the words " seventy per centum" , the words " fifty per centum" shall be substituted .
16. In section 43 of the principal Act ,-
(a) in sub - section ( 1 ) ,-
Amend- ment of section 43 .
(i) for the figures " 40" , the figures and letter " 40 -A " shall be substituted;
(ii) for clauses ( a) , ( b ) and ( c) , the following clauses shall be substituted , namely: -
" ( a) the total area held by the person as a land - holder or as a raiyat;
(b) the surplus area ;
(c) the specific parcels of land to be retained by the person and the total area thereof ;" ;
(b) in the proviso to sub - section ( 2 ) , for the figures " 40 " , the figures and letter " 40 -A " shall be substituted .
17. In section 47 of the principal Act , in sub- section ( 2 ) ,—
Amend- ment of section 47 .
(a) in clauses ( a) and ( b ) , for the words " market value" , the words "fifty per centum of the market value " shall be substituted;
(b) for clause ( c ) , the following clause shall be substituted, namely: -
" (c) value of land to be determined in the following manner ,
namely:-
Rate of compensation
Extent of surplus land
Rupees eight hundred per standard acre .
(i) For the first ten standard acres
Rupees six hundred per standard acre .
(ii) For the next ten standard acres
Rupees four hundred per standard acre .
(iii) For the next ten standard acres
(iv) For the rest
Rupees two hundred per standard acre." .
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[PART II- 602
18. For section 51 of the principal Act , the following section shall be substituted , namely : --
Substitu- tion of new section for section 51 .
Settle- ment of surplus lands ,
"51. ( 1 ) Seventy per centum of the surplus lands 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:
Provided that if sufficient number of persons belonging to the aforesaid categories are not available in the village in which the lands are situated or, being available, are not willing to accept settle- ment of land , so much of the lands reserved for the said persons as cannot be settled with them may be settled with other persons .
Orissa Act 33 of 1962 .
(2) Notwithstanding anything contained in the Orissa Govern- ment Land Settlement Act, 1962 , the procedure for the settlement of lands under this section shall be such as may be prescribed, and the settlement shall be made in favour of the following categories of per- sons and in the following order of priority , namely: -
(a) co-operative farming societies formed by landless agri- cultural labourers;
(b) any landless agricultural labourers of the village in which the land is situate or of any neighbouring village;
(c) ex-servicemen or members of the Armed Forces of the Union, if they belong to the village in which the land is situate ;
(d) raiyats who personally cultivate not more than one standard acre of contiguous land ; and
(e) in the absence of persons belonging to any of the fore- going categories , any other persons . " .
19. For section 52 of the principal Act, the following section shall be substituted , namely: -
Substitu- tion of new section for section 52 .
Ceiling on future acquisi- tions .
"52. The foregoing provisions of this Chapter shall , mutatis mu- tandis , apply where lands acquired and held subsequent to the commencement of the Orissa Jand Reforms (Amendment) Act , 1973 by any person through inheritance , bequest , gift , family settle- ment, 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 .
Explanation I.-If , as a result of irrigation facilities provided by the Central Government or the State Government to a person after the commencement of the Orissa Land Reforms ( Amendment ) Act , 1973 , any land falling at such commencement, within Class II , Class III or Class IV, falls , subsequent to such commencement , within SEC. 1 ]
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603
Class I or Class II, as the case may be , the lands held by such person in excess of the ceiling area applicable to the class of land to which such land has fallen as a result of the provision of such irriga- tion facilities , shall be deemed to have been acquired and held by such person after such commencement .
Explanation II. Homestead lands which have been kept out of account in determining the ceiling area in respect of any person , shall , on ceasing to be used as homestead land after the commence- ment of the Orissa Land Reforms ( Amendment ) Act , 1973 , be deem- ed to have been acquired and held by him with effect from the date on which such lands have so ceased to be used as homestead lands . " .
ment of section 55 . Amend- 20. In section 55 of the principal Act, in sub -section (1 ) , for the words "who shall hold office for a period of three years" , the words " who shall , unless the Committee is sooner reconstituted, hold office for a period of three years " shall be substituted.
21. After section 57 of the principal Act, the following section shall be inserted , namely : -
Insertion of new section 57 -A ,
" 57-A. ( 1 ) The Government may, by notification in the Official Gazette , constitute one or more Tribunals having such local jurisdic- tion as may be specified in such notification for the purpose of sub- clause ( e) of clause ( 24) of section 2 .
Constitu- tion of Tribunals and declara- tion of trust (2) The Tribunal shall consist of one member to be appointed by the Government from among the officers of the State Judicial Service not below the rank of a subordinate judge.
to be reli- gious or charit-
able trust of a public nature .
(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.
(4) On receipt of an application under sub -section (3 ) , the Tribunal may, after making such inquiry and in such manner as may be prescribed , by order , declare such trust to be a religious or charitable trust or refuse to make such declaration:
Provided that no order refusing to make such declaration shall be made without giving an opportunity to the trustee or trustees of being heard in the matter .
5 of 1908 .
(5) The Tribunal shall , while holding an inquiry under this section, have all the powerswers of a civil court while trying a suit under the Code of Civil Procedure , 1908 , in respect of the following matters, namely: -
(a) summoning and enforcing the attendance of any person and examining him on oath;
ment; (b ) requiring the discovery and production of any docu-
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses .
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(6) The Tribunal shall have power to regulate its own proce- dure.
(7) The Tribunal shall , as far as may be practicable , dispose of an application made under this section within a period of six months from the date of receipt of such application. " .
22. In section 58 of the principal Act , in sub - section ( 1 ) , after the figures " 35 , " , the figures and letters " 36 - A, 36 - B , " shall be inserted .
Amend- ment of section 58 .
23. ( 1 ) All proceedings commenced under Chapter IV of the princi- pal Act and pending at the commencement of this Act shall abate .
Provisions regarding pending proceed- ings.
(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 imme- diately before the commencement of this Act shall stand transferred to the Tribunal constituted under section 57-A of the principal Act as amended by this Act and having jurisdiction and thereupon the provisions of the said section 57 -A shall , so far as may be , apply in relation to the cases sơ transferred to the said Tribunal .
Repeal.
24. The Orissa Prohibition of Alienation of Land Act , 1972 is hereby repealed.
Orissa Act 16 of 1972.
V. V. GIRI , President .
K. K. SUNDARAM, Secy . to the Govt . of India .
SEC. 1 ]
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Reasons for the enactment
The Orissa Land Reforms Act , 1960 inter alia provides for the imposi- tion of ceiling on agricultural holdings and regulation of the rights of tenants and share - croppers in the State of Orissa . For a number of years the constitutional validity of the ceiling provisions of the Act was being challenged in the Supreme Court . The ceiling provisions of the Act were brought into force in January, 1972 after the decision of the Supreme Court was pronounced . No surplus land has yet been acquired . The Act , however , falls short of the national guidelines on ceiling on agricultural holdings based on the conclusions arrived at the Chief Ministers ' Conference held in July, 1972. The tenancy provisions of the Act also need to be amended in the light of the policy - formulations set out in the Five- Year Plans . After giving careful consideration to the various aspects of land reform measures which are necessary in the interests of social justice and agricultural production it has been decided to amend the provisions of the Orissa Land Reforms Act , 1960 with a view to imposing ceiling on the aggregate area of land held by all the members of a family and modify the provisions relating to exemptions . It has also been considered necessary to reduce the level of ceiling and impose different levels of ceiling for different classes of land . Oppor- tunity has also been taken to further safeguard the interests of tenants and share - croppers and persons belongingto Scheduled Castes and Scheduled Tribes . The present measure is being enacted to achieve the above objects .
2. The Committee constituted under the proviso to sub - section ( 2) of section 3 of the Orissa State Legislature ( Delegation of Powers ) Act , 1973 (20 of 1973 ) , has been consulted before enactment of this measure as a President's Act.
T. P. SINGH ,
Secy , to the Govt . of India , Ministry of Agriculture
(Department of Agriculture ) .
PRINTED BY THE MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1973