The Odisha Soil Conservation Act, 1966

• • ts OltlS& ACT 4 OF 1966 THE ORISSA SOIL CONSERVATION ACT, 1966 [Received the assent of the Governor on the 18th January 1966, first published in an extraordinary issue of rhe Orissa Gazette, dated the 25th January 1966. ] AN ACT TO PROVIDE FOR THE PREPARATION AND EXECUTION OF SCHEMES FOR THE .CONSERVATION AND IMPROVEMENT OF SOIL RESOURCES, THE PREVENTION OR MITIGATION OF SOIL EROSION AND MATTERS CONNECTED THEREWITH DE it enacted by the Legislature of the State of UOrissa in the Sixteenth Year of the Republic of India, as follows z- CHAPTER I PRELIMINARY ::::, ti:;d * 1. (9 This Act may be called the Orissa Soil • commence- Conservation Act, 1965. llllat. (2) It extends to the whole of the State of Orissa. • (3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf and different dates may be so appointed for different areas within the State. Definition•. 2. In this Act, unless the context otherwise requires,- (1) "beneficiary" means a person who or whose land shall be benefited as a result of the execution of a scheme; · t (2) "Collector" includes any Gazetted Officer specially appointed by the State Government to perform the functions of the Collector under this Act; (3) "Committee" means the Advisory Committee constituted under section 21 in respect of a scheme ; •For the Bill see Orissa Gaz~tte Extraordinary dated the 25th September, 1963 (670) and for s. c. :a. eeo Orlssa Gazette Extraordinary, dated tho 22nd August 1964 (1303). ·---- --------- ------ -- 16 (4) "erosion" means removal or displacement of earth, stones or other materials by the action of wind and water or other natural process; (5) "Orama Sasan" means a Orama Sasan . constituted under the Orissa Orama, Panchayats Act, ?l~f"i941ct 1948; • (6) "owner" in relation to land includes a mortgagee with possession, a lessee or sub-lessee; (7) "podu cultivation" means any kind of shifting cultivation generally known as Podu, Jhuming, Biringa, Dangar, Oudia, Bagada or Khaman cultivation; (8) "prescribed" means prescribed by rules made under this Act; (9) "scheme" means a scheme prepared under this Act and includes a scheme declared to be in force for the purposes of this Act under section 18; (10) "statement" means a statement prepared under section 19; (11) "work" means any work of public utility constructed, erected or carried out under a scheme and includes a pasture or forest provided or raised under a scheme. CHAPTER II PREPARATION OF SCHEMES s tato 3. Whenever in the opinion of the State Gov~rnment Government it is expedient in the interest of the to direct · 'd &- th t' f b · .,reparation public to prov1 e 10! e co~~erv~ 10n o s~ -sod of schemes. water or the prevent10n or m1t1gatlon of eros10n of lands in any area they may direct the preparation of a scheme by the Collector in respect of such area. M a 110 r s 4. The scheme under section 3 may provide which for all or any of the following matters, namely:- 1cbomo may provide. (1) prevention of erosion of soil; (ii) preservation and improvement of soil; • • • • • • Preparation of draft scheme. Conaidera. lion of objections and report to Govern· ment. 17 (iii) construction of earth and masonry works in fields, gullies and ravines; (iv) training of streams; (v) prohibition or control of grazing or reservation of land for pasture: Provided that no such prohibition or control shall be imposed at any time in respect of more than fifty percentum of the pasture lands within the area under the scheme ; (vi) planting and preservation of trees, shrubs and grasses for afforesting uncultivable land or providing shelter-belts against wind or sand or for any other purpose; (vii) regulation or prohibition of firing of vegetation; (viii) improvement of water-supply; and (ix) any other matter which may be prescribed . 5. On a direction being issued under section 3 the Collector shall, in accordance with the instruc· tions, if any, issued by the State Government in that behalf, prepare a draft scheme containing the following particulars, namely :- (i) objects of the scheme ; (ii) approximate area and boundaries of the lands to be included in the scheme toge· ther with a plan of such area ; (iiz) names of persons, including the Government who will be affected by the scheme ; (iv) the work or kind of work to be carried out under the scheme and its estimated cost ; and (v) such other particulars as may be prescribed . 6. (1) 'l'he draft scheme prepared under section S shall be notified by the Collector in the Official Gazette and simultaneously published in such other manner as may be prescribed, inviting objections in writing from all persons likely to be affected by the scheme to be submitted to the CollectQr within sixty days of the said notification. Sanction of scheme by Govern· ment. 18 (2) The Collector shall consider all such objec­ tions, as may have been received under sub-section (1) make such enquiries as he deems fit and submit his report together with the objections received to the Committee recommending modification::;, if any, which in his opinion are required in any of the particulars contained in the draft scheme so prepared. (3) The Committee shall, after considering the objections and the report made by the Collector, submit its report together with the objections and the report of the Collector to the State Government recommending modifications, if any, which in its opinion are required in any of the particulars contained in such draft scheme. · 7. (1) The State Government may, after considering the report under section 6 and any further reports that they deem fit to call for, sanction the scheme with or without modifications, or reject it and direct that in lieu thereof a fresh draft scheme be prepared and submitted for their sanction under this sub-section. (2) The scheme as sanctioned under sub-section ( 1) shall be published in the Official Gazette and also in such other manner in the area to which the scheme relates as in the opinion of the State Government is best suited to the circumstances. Coming into 8. The scheme shall come into force on the date force of the on which it is published in the Official Gazette under scheme. sub-section (2) of section 7. Podu culti· 9. Without prejudice to the generality of the vatiton a 1 ndd powers under sections 3 to 8, the State Government pas ure an s f · · h · h bl· and village may rom time to time, w enever m t e pu IC forests. interest they deem it expedient so to do- (a) notify any area where the system of podu cultivation is prevalent and cause demar­ cation, survey and division into separate blocks of such lands within the area as are in their opinion amenable to such culti· vation ; or (b) notify all communal pasture or forest lands in any area and cause demarcation and survey of such of the lands as are in their opinion denuded of pasture or of forest growth. • • 19 °F~ ech:m° 10. (1) Where action has been taken under clause ~~ti~- (a} of section 9 the Collector shall with a view to tion and d diminish the wasting effects of the system of podu r:::: an cultivation on the soil and the gradual aboJition or the system prepare a draft scheme providing for tho control of such cultivation by rotational closure of the blocks or by otherwise regulating, restricting or prohibiting the same within the area : Sanction of scheme ~amt section 10. Provided that no person having a right to cultivate any land shall be prohibited from adopting the system of podu cultivation therein, unless in lieu thereof other lands of similar productivity are allotted to him by the Collector in the prescribed manner. (2) Where action has been taken under clause (b) of section 9 the Collector shall with a view to the development and maintenance of pasture lands and forest growth in the area prepare a draft sche:ne providing for the execution of such works as may be in his opinion necessary and for the said purpose for closing from time to time such portions of the communal lands to grazing and exercise of other rights, as the Collector may consider best suited to the circumstances obtaining in the area. 11. On the preparation of a draft scheme under section 10 the provisions of section 6, section 7 and , section 8 shall, mutatis mutandis, apply. Schemes to 12. Every scheme on coming into force under bo final. section 8 or section 11 shall be final and binding on all concerned and shall have effect notwithstanding anything to the contrary contained in any other law or in any contract, custom, practice or usage. Elec:ation andCOlt or schemel. RejUlat.ion. CHAPTER ID EXECtmON OF SCHEMES AND MA INTENANCB AND REPAIR OF WORICS 13. When a scheme comes into force in accordance with the provisions of the foregoing chapter the Collector shall execute the scheme and the works to be carried out thereunder. • 14. For the purpose of carrying out the objects of any scheme the Collector may, subject to the control and directions of the State Government, make regulations, published in the prescribed manner requirina any penon or penons or the pubtio 20 generally to do or refrain from doing any acts in respect of any matter necessary, supplementary or incidental to the scheme. Poter of 15. (1) The Collector or any person authorised =~~y, survey, by him in writing in that behalf may, for the purpose of preparing, sanctioning or executing any scheme or repairing or maintaining any works under any scheme, after giving such reasonable notice as may be prescribed to the owner, occupier or any person interested in any land, enter upon, survey and mark out such land and do all acts necessary for such purpose. (2) The Collector and every person authorised by him under sub-section (I) shall be deemed to be a public servant within the meaning of section 21 of the 45of1860 Indian Penal Code. Payment of • c ~ m Pe n- 16. (1) Reasonable compensation m respect of sat10n for 1 d ' ' d t th t f damages etc any oss, amage or Injury cause o e proper y o ' · any person in carrying out any operations under this Chapter shall, on a claim being made in that behalf in the prescribed manner, be paid to the person·- (a) where an agreement has been entered into with the person concerned, in accordance with such agreement; and (b) where no such agreement is possible, by the Collector as may be assessed by him in that behalf. (2) No claim for compensation shall be enter­ tained by the Collector under sub-section (1) unless it is made within ninety days from the date notified by the Collector in that behalf in the prescribed manner inviting such claims. (3) Any person aggrieved by an order of the Collector under clause (b) of sub-section fl) may before the expiry of sixty days from the date of the order appeal to such authority and in such manner as may be prescribed and the orders passed in such appeal shall subject to the provisions of sub­ section ( 4) be final. (4) The High Court may, on any question of l{lw raised in an application for revision by any person aggrieved by an order passed under sub-section (3) filed within sixty davs from the date of the said order, revise the same and confirm, reverse or modifr the said order according as the Court thinks proper. • • Statement of liability. 22 (2) If such person fails to maintain or repair the work within the time that may be fixed by the Collector in that behalf under sub-section (1) the Collector shall himself get the work repaired and maintained and the expenses incurred on that account shall be recovered from such person. (3) Any dispute as to the amount of the expenses to be recovered under sub-section (2) shall be decided by the Collector and subject to the decision in appeal, if any, before the State Government in accordance with the rules made in that behalf, the decision of the Collector shall be final. 19. (1) For purposes of section 18 the Collector shall prepare a draft statement giving for any specified area the following particulars, namely:- (a) the work done ; (b) a map showing the work done ; (c) the cost of such work ; (d) the persons who · in the opinion of the Collector are li&ble jointly or individually to maintain and repair any such work; and (e) such other matters as may be prescribed. (2) The praft statement prepared under sub­ section (1) shall be published in the prescribed manner inviting objections from the persons affected to be submitted to the Collector within thirty days from the date of such publication; (3) The Collector shall consider all such objec­ tions as are received under sub-section (2) and after holding such enquiry as he deems fit and giving the persons filing such objections an opportunity of bemg heard, by order confirm the statement with such alterations or modifications, if any, as he deems fit and proper. (4) Any person aggrieved by an order under sub-section (3) in respect of any entry in the statement may, before the expiry of thirty days from the date of such order, appeal to the State Government in the manner prescribed and the orders of the State Government passed in such. appeal shall be final. (5) The statement prepared in accordance with the foregoing sub-sections may, on the application of any person interested, be revised by the Collector by an order made by him in that behalf in the " • .. • • 23 prescribed manner on the ground of any change in the beneficiaries shown in such statement and all such orders shall have effect subject to the decision in an appeal, if any, so far as may be in accordance with sub-section (4). Execution of 20. (I) Notwithstanding anything contained in = by section 13 the State Government may, whenever sasan. they deem it fit so to do, entrust the maintenance or repair of any work carried out under any scheme which has come into force under section 11 or under any scheme providing for any matter specified in section 10 in respect of which a declaration has been made by the State Government under section 18, to the Grama Sasan having jurisdiction over the area to which the scheme relates. Comti· tutionof Committee and tma oromce • (2) Where the maintenance or repair of any work is entrusted to the Orama Sasan the expenses incurred in that behalf by such Grama Sasan shall be recovered by it from the person or persons who are liable for such maintenance or repair in accordance with the statement prepared by the Collector under section 19. (3) Any dispute as to the amount of the expenses to be recovered under sub-section (2) shall ·be decided by the Grama Panchayat of the concerned Orama Sasan, and subject to the decision in appeal, if any, before the Collector in accordance with the rules made in that behalf, the decision of the Orama Panchayat shall be final. CHAPTER IV ADVISORY CoMMirnm 21. (1) The State Government shall, in respect of each scheme, constitute an Advisory Committee consisting of the following members :- (i) Collector of the district in which the area under the scheme is situate and where the area is situate in more than one district the Collectors of all the districts ; (ii) Soil Conservation Officer or Officers exercising jurisdiction within the area ; f.~24 ~rlt ni ~Ml)rDJSt\fi~ ApiW.tn.-fatHOfticefl rr~::irltJliMs rb112 _ lln _f;~~etai8iWg'~~oaivd.lllirl2thei·~~n::id ru: rn no1;-1:i.,,I> -,rfr 01 J·1JLd111 J·x.ifi:.> ·Rul Iler! <:1!)b·10 rfJiw 'J'J(ft)~'E>liMionalvl F.ulfftlp 1; 0Jfioer;~r~r1~ ,bfmfHs exercising jurisdiction withiftt>tlfeQl~;J 117 ni b::ini1 t1ut<i"M,ettilittf1IOf ~ tJIWnn~~li~\ I )A~mbt-10 r•oiw:i:i>'.3 I ~"r ""'~). d ,. .J · Y ·1cf :im:i1b2 'l::l /~0'.:lf II .·~ ~hoie'.:l ~D9t\tu~nciekf;J cltl. e. ttny~of £mci0 ·ro ::l~ftJHl:JJfl(lftf1tarOU fdt ' ibeiT l10llliflt~ 1$1 II rw ·,u '{'.Jf{j ru:icr. ~rrr~cb? ·1111; 1' bnu 1110 L .. i-rr• 'J ;,!·11111 1 nr. ·1r, 1i.Gq'.J·1 i~bnu :~1i} !Ariptr,,wn -.1'bmi~d.~r-1Je' 1 SQte~rroM8Yn­ m b'.Jfl 1:>·_;f11. rtm1t; rlfr'4m:; ambngU!Jr~rSbns r~ wi.flthe fl '.:>'d 2 J;rl no dfl'tded> by ~ iSdittn~tJr .. 'J 1 ri i 0 l fl o i 1:)5? ,81 noiJ:>'.:l? 1' [mu Jwirnrn'._ .. 1nu :.;tcl2 ')r[t '{d obsm i;'nn ~The Ool1t~·ot1 tJrej·di9ttlct aJ.f;rrwh\,1-~rltlfete are more than one suchr~oltec"1r1f1Ptl1tfl rnmhflttde, the Collector of the district having the largest area .t11m.4e~r.itbtro sqbqme1cs.ball 1.~ r1lh#1 ~bailltnlltt (J)f the b~mmut~·{O"fY') or[J f!L-.:?. I mr;·r) '.;ii 01 IYJ)?IJ11fl~ ?.i ~d Jlr,r[2 nr,1r;2 r,r• 1;·1() rhu,-- '~1 'tl1;:Lrl lErlt eti orn or{a~ ~$:s>fl-£~~e~11~i~nt~r .Or~r~c1-e ~M"bmt>R $~~~-web:>~~~ 1the Offu:er~elldaiDg ,~uriedi~JJr ttlV,er')me,ltlt~fqD~tiM;Qfosuch eJftaisball Functions of the Commit· toe. be the Secretary of tlie Committee. . <>I noi1:>~2 'l •. !o::>q<tJ.r).rao .~h~si•o~~t.etcptottbf ~I dlion of 1~~2ii~~ ,,u1mmo'.J t)le?S~ \illJCfi l{ '.J:t1Jl1!2fl<)'J /}(fl:)f ')I, rlor,·; ~11irr me/) -: ,,1:.idm~rrr ,:ini·1101!0' ')r[t 'to !lni1?.i2flO'> m1~1 1 ~·: (c) 1P take ~~~Pl> t~· .educate. oeorile in soil :> •Ito '' .S!)lB ::>rh flo~~r~fi'6tt' .'.H tr rn J '.YJ 1 lr.t J r-t l ::>rlt ,,,dw bn.s 'tsutv "' ')rft'.Jr 'J?. ')rfJ ·1~frn 1 toh12ib (tft)>tropdlfonnrsuah otlu1ti2ftinM110ns as may be ; 2t~tijpedl~rtl\e Stllf(f&~e'tfttnent. Conduct or 215offi'3.1Phe 1~Qes~~v.1b~~µifultt~t\ ) shall be bualnen. coild\1i~Ar\brWM1JtrPibWrmat11t;tJ.:>l'J X'J • .. • 26 Indtinnity 29. (I) No suit, prosecution or other legal proceeding.shall lie ag~inst any person for anything Ill good faith done or intended to be done under this Act or the rules or regulations made thereunder. (2) No suit or prosecution shall be instituted against any public servant or person duly authorised under this Act in respect of anything done or intended to be done under this Act unless the suit or prosecu­ tion has been instituted within six months from the date of the act complained of. Po11erto 30. (1) The State Government may subject to make rules. the condition of previous publication make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for the following matters, namely:- (a) all matters allowed or required by this Act to be prescribed; (b) procedure to be followed in making inquiries: (c) manner of service of notices; (d) preparation of draft scheme under section 5 and section 10 and submission thereof to the State Government ; (e) making of regulations by the Collector under section 14; (/)preparation of draft statement under section 19; (g) duties and responsibilities of various officers and agencies that may be engaged in_ the implementation of schemes; (h) manner in which lands shall be dealt with and works executed and maintained by officers and agencies. (3) All rules ma?e under this section shall be laid as soon as possible, after they are made, before the State Legislative Assembly for a total period of fourteen 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 : Provided that no rule shall have effect until the expiry of the said period. .. .. .. "' • 27 Power te 31. If any difficulty arises in giving effect to ~;:ftica. the provisions of this Act, the State Government may by order published in the Official Gazette make such provision or give such direction not inconsistent with the purposes of this Act as appears to them to be necessary or expedient for removmg the ditliculty .