The Odisha Survey and Settlement Act, 1959

ORISSA ACT 3 OF 1959 '[THE ORBS4 SURVEY AND SEITWCIMENT ACT, 1958 ] f~ece iwd the ussent of ,he Governor on the IZihJunuary 1959, Jirst published in an extruordil ta~ isme of ftte Orlssa Gazette, dated the 27th January 19N 3 ACT TO CONSOWDATB 'm AMEND THE LAWS RELATWG TO SURVEY, RECORD-OF-RIGHTS AND SBltTLHMBNT OPERATTONS IN STATB OF OMSSA WHEREAS it is mpedient to consolidate and amend the laws relating to survey, record-of-rights and settlement operations in the State of Orissa ; It is hereby enacted by the Legislature of the State of Orissa in the .Ninth Year of. the Republic of hb'i as follows :- CHAPTER I Sbott 6th 1. (l) This Act may be called .the Orjssa +my , &,, ,d. and Settlement Act, 1958. . , . - a- mbnt (2) It extends to the whole of the State of Orissa, 1. Fa StaCement . a l O&jace and Rwans, ~ e e OrLew Gaetre. h a s + hsry, dated tho 10th W, 1958 (No. 179) and for Repod of !%kt Comdftw, m ibU, W* 5TTl. (3) This section shall wme into force at once. The State Government may, by notification1 in the oEcial Gazette, direct that all or any of the .remain- ing provisions of this Act shall come into force in such area and on such date as may be specified in the aot5cation - mnitionr 2, Tn this Act, unless there is anything repugnant in the subject or context- ( I ) 'Agricultural year' means the year as speci- fied in the tenancy laws in force or in the .absence of any such laws, as may be prescribed by the Goverd~ ment in respect of different districts or .localities according to IrscaI custom or usage ; - - 1. Sections 2 to 47 came into fohx with e r a frs- (0 15-12-19a in the whole of the Statt of Orissa u a p t (1) RayagaUa apd Kmput, R m u r divisions, (2) Athagarb c x S n c a m , (3) A n 9 district, (4) Sopcpur subdivision, (5) Panchara cx-*fidari area in Bou h and (6) KalahmdI Sad= and Dharmagarh subd~ns~ons vide Notification No. 53478- -3271&R., dated the IZQ December 1960, published in OrLFsa Goref*, Extraordinary. dated cho 14th Dccsmber 1960 M o . 789). (l12 1-7-1961 in the Rayagada and Itoraput Revenue divisions of the district of Korapul nctpting certain arcap vide patificatian No. 29807-S-266161- R,, dated the W1h June 1961, pubhshtd 'In O r h a G a t t e , Extraordim, the 30th June 1961 (No. 508). (iil) I-1G1962 in ceriain UGQJ - of Kddtmdi vide n w t i o n NO. 45W3-S168162-R., dated the 29th September 1962, pubhhad 111 0- Gaze${<, Exmordinaty, &dated the 1st October 1962 (No. 535). . , (Iv). 1-12-1962 in Angul vide notification No. 35457-~-16k162-~, , d a k the 27tb November 1962, published in Or& Gazette, &tsaordinary, datd fhc 30th November 1962 (No. 687). (y). 1-1-1963 in thd Korapnt Rwtnue division vidn notification No. 457&S.168]62-R., dattd b e 2lat January 1963, pubhhed in Orism Gazette, -ordinary, daled the 22nd S e ~ a r y 1962 @TO. -53). (pi) 141963 in Atbagath --State, Artas vide 'npti0cation No. 2r)j3M164\63-R.; dated - the 29th March 1363, published lo Or- Gazc;tb Exbmrdinary, datcd the 30th March 1963 (NO. 215). ( v a 1-7-1963, in *. areas of Guupur Subdivision of the of- Koraput vide nob5catlon No. 5964-M68162-R,, dated the 25th Jmm 1963, published in Or- .G=I#e; PL III data the 29th Mkrch 1963, P. 617. rvrin 1-kl966 in dl tha ' ' aras of the State u m h tho ,.-, - ' - - - - -. viUagFs of Sonepv v ~ - i o n s t h e htrict of Bolangk mention& i;; td;l Scheduk +do nnambon No. 20213-5-95!&R, dated the 31st Mach 1966, puWedin Orha Guzt~fe. -ordinary, datcd the 31st March 1965 Wo.340-C). (L*) I$-2-1964 in tho Ex-Zkuhdari OP Baudh s~kWsim of the disc of PhrJm. vida notification No. 9 m S 3 9 ) P Q - R . , dated ftls 13th Fdbruy 1964, pub- m Orism GaEettc, dated tho 14th %~SUW 1964 265). [ (2) 'Assistant Settlement Officer' means any ClfEcer appomted as such by the Board of Revenue .;I [(3) 'Chief Survey Officer' means any O f k r appointed as such by Government and in~1ud.e~ an Additional Chief Survey Officer appointed by Gov- ernment ; 1 (4) - 'Government' means the State Government 4f Orissa ; , - . - . (51, 'Landlord' means a person immediately under - whom [ a , tenant holds land] and , - iacludes - - the Gwemment ; ,.. . - . (6)' 'Prescribed' means prescribed by nrles . made . under this Act ; i(7) crccord-if-rights9 the record-of- rights prepared un'der this Act ; 1 : (8) 'Rent' .means whatever- is IaMuUy ,payable or deliverable ,in cash or in kind or partly in cash' and partly in -kind by a tenant to his landlord 'on account of the use or occupation of 'the land. held by bim. It shall also include money recoverable under any- enactment for the time being in force as if it were rent. ; (9) 'Revenue Court7 means any Court (other than a Civil Court) having jurisdiction under fhis Act to entertain suits or o h r pmceeiiings ; . - ' ((10) 'settlement OEcer' means any Offim . appointed as such b Government and includes an f ! .. . Additional Settlemen Offices appointed by Govern-' ' , -merit ;I . I . Substitottd by the Survey and SetUemmt bcndmnrt) Act, 1%2 {Or. Act 7 of 1%V, a. 2 (a). 4. Substituted- by ibid, b.2 (4. 5. 'Substitutd by Ibid, s 2 (el. (11) 'Stme ' includes all or any of the ' opera- tions incident 9 to the determination, measurement and record of a boundary or boundaries or m y part of a 'boundary and includes a re-survey ; (12) 'Survey mark' means any mark or object erected, made, employed or specxed by a survey officer to indicate or determine or assist in determin- ing the position or level of any point or points ; (13) 'Survey Officer' means any person appointed to be a Survey Ofker under section- 4 ; [(13-a) 'tenant' means a person who holds , land under another person &d is or, but for a sp+d .: contract would be liable to pay rent for that land ' to that person ;J . , . [(I#) 'village' means any tract of Iand . w-hich has been recognised as a village in the revenue records or which the Board of Revenue may, from ,time to time, declare to be a village;] (15). words and expressions used, in this Act but not defined shall have the same meaning as assigned to them in tbe Ternicy Acts' or Laws, RuIes, Regu- lations, custom or usage in force in any part of the State. pf Orissa. . Pmtr to 3. . [ ( I ) The Government or subject to their control a any officer OF authority empowered by Government m'Yty. may, at any time, by .not%cation, order a survey to be made of any land in the State or 'the boundaq thereof.] - - -. I. Tnscrtea by tho 0- Survey and Set-t (mmt) &, fm (Or. Act 7 of 1962), s.2 (0. 2. substituted by fbu, s.2 @). 3. Substftuted bv W, a3. (2) The Government shalI be competent at any t ime during the continuarice of &e proceedings of any survey, to issue an order to stop such survey and, if subsequentIy so ordered' such proceedings shall be proceeded with ,from such stage as may be directed. (3) The 'Government may also issue a notscation ordering a survey- (a) on the request of- (i) any Local authority- ; or , - ( i i ) other persons . . ; - A who -agree to pay such amount as may be directed I . by the Govement towards the cost o f s h y ; or 1 (b) where in any local area, not less, than one- half of the tom nnlunber of raiyats apply for the survey, depositing or giving security for such amount to- wards the payment of expenses as the Gdvernment may direct. I 4. ( I ) T h e ' [Board of Revenue] may by noti- A ~oiolmcnt ! 2 sufvq 6cation appoint any *2 Officer or person either by omor, hh name or by vlrtue of his oEce to be a Survey Officer powe,! for all or any of the purposes of this Act. ddegauon ' I of owa as aoq manner (2) Subject to the odhtrbl- of the " [Board of of survey- Revcnue, J . 3* * * every , , , officer or person so appointed shall exercise and . per- form the owers and duties of a- Survey mcer within such loca 'limits as the Poard of Revenue1 may direct: P 5 * * * * , , 1. Substituted by the Orissa Snrvey and SettJlement (Amendmmt) Act, 1962-(0r. Act 7 of 19621, a. 4 (0) for "Qovemmtnt". 3. 3 % ~ WO& "and of spy o m or authodty appoinw by them in thif beW.' omitted by ibid, s.. 4 lb). , 58 OMA SURVEY AND SBTZZGMENT ACT, 1958 [ Or. Act (4) The survey shall be conducted in such manner as may be prwribed by the Government. m-tbn 5; (1) When any survey is ordered under section R o b publf- abed by 3, t h e Survey Officer shall publish a proclamation intheprescribedmannerinvitingallpersonshaving O&tm. any interest in the land or in the boundaries of which the s w e y has been ordered, to attend either in person or by agent at a specified place and time -and from time to time 'thereafter when called ,upon. for the purpose ,of pointing dut boundaries and supp2ying information ia wnnection therewith. . such (2) A proclamation published under sub-section matrap - ( I ) shall be held to be -a valid notice to every person bs valid notim b having any interest in the land or in the boundaries &-* of which' the survey has been ordered. Srvvov a y enter upon h d , offa a m - Psnatfon foi damalps and may .aottlo bwdarV disputes. 6. (1) After the issue of the proclamation under subsection (I) ; - of s&tion 5 the Survey OEcer, or his subor.dinates or any other officer acting under the authority of the Survey Officer shall have power to enter upon the land under survey, examine and measure such land and clear by cutting down. -or rc- 'moving .any trees, jungle, fences, standing. mops or , other material obstmctions to the boundaries or othef lines the clearance of which .my be necessary' for the parposes of ihe survey. c=Ompara- ton. (2) The S u k y 0-r shalt, after assessing tho lois ws ioned by zyy clearance as is mention-ed in sub-section [ I ) , ,,offer xeasoxlable coplpensation to the owners ' of the materials so cleared. [ (3) Anjr person aggrieved by a decision under s~ubsection (2) may, *thin thirty days from the date of such decision, prefer an appeal to the pres- &bed authority.] RC a n - [&A, ( I ) The Survey OEcer shall prepare a d'= % draft survey r-~rd which shall comprise of- mmnm nub li&. -vr drpft v .mrlL . (a) the map drawn to such s d e as may be ; . colavement in the upinion of - the 'Survey q w r ; a d . 1, Substiaa by the Orissa Survey and Setthen: [~mpndmant) Ad,, 1962 (Or.'Act 7 of f962), s. 5, for su-m 65) to CI). ,. z IrsflM by I b a 8.6. (b) such other record as the Board of Revenue may, by order, specify in that behalf. (2) Wben a draft survey record has been prepared the Survey Officer shall publish the s e e in the prescribed -manner and for the prescribed period and shall receive and consider my objections which may be made to any .entry therein or to any omis- sion therefrom during the period of pubhcation. 6-B. An appeaL, if present@ within thirty days Aw from the date of the order appealed against, &dl lie to the Chief Survey Officer from every ' order passed by the Survey Officer on any objection made under section 6-A. 6-C. ( I ) When al l such objections and agpeals,L2nr$w if any, have b k disposed of, the Survey Officer shallswy finally frame the survey record incorporating all-& such alterations as may be necessary to. give effwt to fhe orders .passed on such objections and app& and shall ca'use it to he finally published -in the presf -cribed manner; and the publication shall be conclusive evidence that the record has been duly mde' under this Chapter. (2) Sepmte drafts and h a 1 records may ba published for digerent local ar- or parts- thereof, 6-D. The Board of Rw- may, in any -oasb R & I ~ Board d (a) of its own motiosat -any t h e , after ' the hwna . date of fimal publication under- section 6-C; or (b) on appfiwtioa a ainst an appellate order 8 under sstibn 6- peesented within one 'year from the said' date; ] - direct the revision of any survey record or. any portidn thereof 'but not so as to affect any order passed by a. Civil Cou rt under section 42 : . Provided that no such directian s U be made until reasonable oppowty has been' given to the . parties concemed to appear and be heard iri the qattef. ] ' 60 THE ORWA SWBY AND S E ~ E M E N T ACT, 1958 [or. ~ c t Fiahl publi- '[7. After a survey record has been hauy pubfi- cationof shed the Board of Revenue shall, by notification, aurveY record t o bt notifid. declare that such record has been fmally published, and such notification shall be conclusive proof of such publication.] pemm rts- 8. (1) Subject to such con$itions as may be pomibI? for prescribed in this behalf, -every person interested in the -re- of the land shall be bound to -maintain, renew and repair fiurve~ the survey marks on or within the boundaries of his marks. holding and in default of his doing so, the Collector may, at the cost of the Government maintain, renew and rapair such survey marks, determine and appor tion the cost of so doing, and recover such wsts as a public demand or arrear of land revenue as the case may be. .(2) Before the Collector renews or repairs any survey marks he shall serve a notice in writing on the cultivator or other person interested in the pres- cribed manner intimating him the action proposed to be "taken by. him specifying the time. fixed for such . action. dbcovery o r 9. 111 The whole or sdch aortion of the' costs as Of may b; brdezcd in respect of survey made on the survey. application of parties under sub-section (3) of sec- tion 3 shall be borne by them ; Provided that where the application is made under clause (b) of the said ,sub-section ,the amount recoverable under this section shall be recovered from all the raiyats of the local area including the appli- cants. (2) The ~ o v e r n m e & m a ~ prescribe the manner in which such costs shall be assessed. The costs so assessed -shall be ' [ recoverable as arrears of land revenue]. 1. Substituted by the Orissd Survey and Settlement (Amccdmmt) Act, 1962 (Or. Act7 o l 1962), S. 2. ~dbslituttd by ihid, s. 8 for " mvcred as a public demand or arrhr of bnd revenue, as the case may be". XI. [ ( I ) The Government may, in any case if Power of ad-t they think fit, make an order directing that a record- to oder of-rights be prepared in respect of lands in any local prepmtim of r m r d of area in the Stat.e.1 riphrs. (2) The Government may also make an order under the preceding s ub-section - (a) on the request of- (i) any local authority; or (ii) other persons ; who agree to pay such amount as may be directed by the Government towar* the cost of pre- paration of the record-of-rights; or (b) on the request of not Iess than one-half of the total ;lumber of raiyats having land in the village and on their depositing such amount for payment of expenses as the Government may direct. (3) A notification in the Gazette of aG order under this section shall'be conclusive evidence that the order has been duly made. * * * [(#) When ean order - is made under- sub-section ( I ) the Assistant Settlement Officer shall. proceed to prepare the record-of-rights in the prescribed man oer. (5) The ecord-of-rights shall comprise of- (a) the khewat which shall show the character and extent of proprietary interests and may also show the particulars of other rent- receiving interests; and 'I. Svbstilutcd by the Orissa SWW and Settltment (Amcndmcnt) Act, 1962 (Or. Act 7 of 1962), s. 10 (a). 2. Omitted, by ibid, s. 10 (b). (b) the khatian which shall show such detz,jjs as may be prescribed. (6) For tne purpose of preparation of xecord- of-rights in respect of any local area, there shall be prepared in the prescribed manner a map showing, as far as may be, all such particulars as may be corlsidered necessary for the purpose and the record-of-rights so prepared shall be in conformity with the map : Provided that in the event of any conflict between the map so prepared and the survey map previously prepared under the provisions of Chapter II the former shall. prevail. 1 Preliminary publication '1 12. When a draft record-of-rights has been of draft prepared, the Assistant 5etdement Officer shall record-of- publish the same in the pres-ri bed manner and for rights and ,,,,, ,I the prescribed period and shaU receive and consider bjections any objections which may be made to any entry her ein or any omission therefrom during the period of publication.] AppaI. 12-A. An appeql, if presented within thirty days from the date of the order appealed against, shall lie from every order passed by the Assi'stant Settlement Officer under section 12 to the Settlement Oficer or to any other oficer specially &mpowered by Govern- ment in this behalf. Final pub- w 12-E. ( I ) When all such objections. and appeals lication of have,been disposed of the Assistant Settlement 0 8 m r zl*f- shall finally frame the record-of-rights incorpoiating all such alterations as may be necessary to give effect to the orders .passed on such objections and appeals a ~ d shaI1 cause i t to be finally published in the pres- cribed manner and such publication shall be conclu- sive evidence that the record has been dulyrnade under this Chapter. (2) Separate drafts and h a 1 records may be published for different local areas or parts thereof. 3 1. Substituted by the Orissn Survey and Settlement (Amendment) Act, 1962 (Or. Act 7 of 19621, s. 11. 3 'of -1 TETB ~ S A SURVEY AND SETTLEMENT ACT, 1958 63 13.' [ ( I ) Any record-of-rights prepared and ~~~~~ &ally published under tbis.Ch@er or a certified copy *ublication thereof or extract therefrom shall . be conclu.sive ;;: ;p-- evidence of such publication. mord-of- rjgbts . (2) The Government may, by notification, declar~ -with regard to land in any local area or village. that a record-of-rights has been finally pubf sh- ed and such noacation shall be conclusive evidence of such publication. (3) Every entry in a ,record-01'-rights so published shall be evidence of the matter referred to in such entry and shall be presumed to be correct, until it is proved by evidence to be incorrect : Piovided that, if any entry in a record-of-rights is altered in a subsequent lecord-of-rights, the later entry shall be presumed to be correct until it is proved by evidence to be incorrect, but the previous entry shall be admissible as evidence of the facts existing at the time such entry was made. 15. The Board of Revenue may in any case direct- Rtvtion by mcrd or (a) of its own motion the revision of any record. R evenua. of-rights, or any portion of a record-of-rights at any time after the date of h l publication under [section. 12-B] 'but not so as to affect any ordet passed by a Civil Court under section 1421 ; ((b) on application against an appellate order under section 12-A presented within one year from the date of final publication under section. 12B, the revision of any record-of-rights or any portion thereof but not so as to affect any order passed by a Civil Gout under section 42:J 1. Substitutd b y the Orha Survey and Stttlcment (Amcndmcnt) Acts 1962 (Or. Act 7 of 1962). s. 12 2. Section 14 'omitted by ibid, s. 15. I . 3. Substituled by aid. s 14 fot ''sub.se~tion (2) of section 12. 4. Substituted by Ibid, for "24". -5. Substituted by the Orissa SuWcy and Settlement (Amendment) A& I975 (Or. Act 21 ofql975), s. 3. 64 THE O~~ISSA SURVEY AND SETIZEMBNT ACT, 1958 [Or. Act Provided that no such direction shall be made until reasonable opportunity has been given to the parties concerned to appear and be heard in the matter. Maintcnancc of records. '[ 16. In order to keep the map and the record-of- rights up to date the same shall be maintained in accordance with such rules as may be prescribed in that behalf.] I : Recoytry or 17. (1) The cost of preparation of record-of- I cost of prb of rights on an application made under sub-section (2) record-or- of section I 1 or such portion thereof as may be ordered mts. shall be borne by the applicants : Provided that where the a~plication is made under clause (b) of the said sub-section the amount recoverable under this section shalI be recovered from all the raiyats of the village including the applicants. (2) The Government may prescribe the manner in which such cost shall be assessed. The cost so assessed shall be '[recoverabl.e as arrears of land revenue]. CHAPTER IV stttlmcnt 18. (1) The Government may at any time, direct or mt. ' [ the settlement of] rent in respect -of land situate in any village or local area for which a record-of- rights has already been ha l ly published. 1. Substitutad by the Orisw Survey and Stttlcmtnt (Amendment) Act, 1965 (Or. Act'9 of 1965). s. 2. 2. ~ubstihhed by the Orissa S w c y and SctUcmcnt ( k d m e n t ) Act, 1962 (Or. Act. 7 oS.1962). s. 16 for "ncovcrcd '3s a public dcmand or arrcar of land rcvcrrue, w the me may be". 3. Substituted by ibld, s. 17 (a] for "a rownue ofic(y to settle". 3 ~f 19591 THE ORISSA SURVEY AND SETTLEMENT ACT, 19% 65 (2) The Government may also issue a direction under the preceding sub-section- (a) on the request of- (i) any Local authority; or (ii) other persons ; who agree to pay such amount as may be directed by the Government towards the cost of the settle- ment of rent ; or (b) on the .request of not less than one-half of .the to&I number of raiyats having land in any local area on their depositing such amount for payment of expenses as the Government may direct. (3) All amounts 'payable under clause (a) of sub-section (2) shall be '[recoverable as arrears of land revenue]. 2[19. (1) The Governmat may prescribe the P r j n a p l u f a princ~pIes for fixing fair -and equitable rent for fixing rent. any land used for agriculture having regard to- (a) the averase pnce of crops during the preceding ~ & n years other than the years which the Government may notify to be or to have been either famine years or abnormal years i n respect of any local area ; (b) the crop or crops normally grown 3n such land : (c ) the situation. of the land and the nature of the soilj, and (d).the , maximum rent assessed on land of similar' quality and productivity elsewhere in the State. ~xphnation-For the purposes of this su b-sec- tioq- (a) "agriculture" includes raising . . of crops, grass or garden produce, horticulture or use of land as paslure .or forest or for any other .purpose ancillary to agriculture other than residential purpose; - I . SuWtutcd :%y the OrIssa Survey and ~C*lement (Amcndmcnt) & 1962 (Or. Act: 7 qf,l962), Sec. IT&) for "racovtrtd as a pubIic d-d or amatorfhd rdmw, as & --may be" 2. Substitutd*' the Orisga Survey and Sottlcmtnt - ( A m c o d r t ~ ~ ~ l and. Vddatbn )' Act, - 1975 ( Or. Act Sr of 1915). S. 2. 66 THE 0~1s i .4 SURVEY AND SETTLEMENT ACT, 1958 [or. Att (Secs. 20-21) (b) the cultivable *aste land of a tenant shall be deemed to be la-nd used for agriculture; and (c) the crop or crops wbich could have been grown in any land referred to in the preceding clause or in any land which is used for any purpose ancillary to agri: culture shall be deemed to be the crop or crops normally grown on such land. (i) The Government may also prescribe the principles fox. fjxir~g fair and equitable rent for laads used for efij purpose other than agriculture inclu- ding all kinds of homestead lands in urban and rural areas of the Statej haying regard to- (ti) the situation of the land; (b) purpose for which it is uses; (c) communication and market in g facilities. and (d) market value of the land. (3) The rent so h e d shall be deemed to be the -rent payable fox the land: Provided that Government may, subject to such conditions as they may impose, direct remission or reduction of the fair and equitable rect so fixed in respect .sf any land which is owned, by any religious or charitable insututibn of a public,nature, -'and is utiIised for the promotion of ,- education, health, culture, fine arts, sports or games or for social welfare. . I (4) The provisions of this section ,shaIl have effect, notwithstanding anything h h t rined in any law, custom or contract for the time tieing in force.] Manner of TZO. When an order is made under swtion 18 bationof the Assistant Settlement Officer shall fix the fair and rent. equitable rent in the prescribed manner.] Preliminary =[21. (1) When .rent has been fixed the Assistant publication Settlement Officer shall firepare a Settlement Rent and amend- ment or Roll containing such particulars as may be prescribed ScQ'emenc Rcnl ROII. and shaIl,,cause the same to be- published in the pres- cribtd manner ind fof the prescribed period and - -- , - 2 . -. 1. Substituted by .the ~ r i s s a Survey and *ttIement (Amendme@) A; 1962 (Or. Act 7 01 1962). .S. 18. 2. Substituccd by ibid, S. 19. shall receive and consider any objections which may be made to any entry therein or omission therefrom during the period of publication. (2) The Assistant Settlement Officer may, of his own motion or on the application of any party aggri- eved, at any time before a Settlement Rent RoII .is stlbmiited to the Settlement Oficer under section 22 revise the rent entered therein : Provided that no such revision shall ,be made until reasonable opportunity has been given t o the parties concerned to appear and be head in the matter.] '122. ( I ) When all such objections have been Sanction of sattlcd rent disposed of the Assistant Settlement Officer shaU and mdlfi- submit the Settlement Rent Roll to the Settlemeut ~~~~ ;isrd Officer with a full statement of the grounds of hrs onobjectioos. proposals and a summary of the objections, if any, received by him. (2) The Settlement Officer shall- (a) of his own motion ; or (b) on application within thirty days from the order passed on an objection preferred under sub-section ( I ) of section 21. ; have power to modify any such order. (3) The Settlement Officer may sanction the said Roll with or without amendment or may return the same for revision by the Assistant Settlement Officer. (4) No modification or amendment or revision shall be made under sub-section (2) or, as the case may be, sub-section (3) until reasqnabIe opportunity has been given to the parties concerned to appear and be- heard in the matter.] *[23. (1 ) After . sanctior of the Settlement Incorpora- Rent Roll the Assistant Settlement Officer shall in- ~ ~ ~ f , a , corporate the settled rent in the record-of-rights,inthe record-or- make such amendments or alterations in the said rights - aod record and the map, if any, and shall cause a fresh publics- copy of the record-of-rights to be finally- published tion thcrcot. in the prescribed manner. 1. Subtifulad by the O r i m Survey and Sttrbmont (.bcndment) Act, 1962 [Or~Act 7 Of 1962). 5-20. (2) Such publication shall be conclusive evidence that the rent has been duly settled under this Chapter and the record-of-rights so published shaIl be deemed to be the record-of-rights published under section 12-B.] '24. * * * * Revision by 25. The Board of ~ e v e n u e may, in any case - the Board id Revenue. (n) of its own motion, at any time after the date of final publication under '[section 231 ; or ' [ (b) on application aga in~ t arl or.Je~+ under sub-seclion (2j of section 22 presented within om year from the said date ;j direct . the revision of the rent so settled but not so as to affect any order passed by a Civil Court under section 4[42] : Provided that no such direction shall be made until reasonable opportunity has .been given to the parties concerned to appear and be heard ' in the matter. 26. 3* * * * b u m p t i o n 27. subject to the provisions of sections "[25 and as to correot- 421 - all rents settled under sections '[20, 2 1 and 221 and n e s of tents sotiled. incorporated in a record-of-rights finally '[published under section 231 shall be deemed to have been correctly settled and to be fair. and equitable rent within the meaning of this Act. Date from 28. When any rent is settled 9* * whichsettld under this Chapter it shall take effect from the begin- rent takes cfiset. ning of the agricultural year next after the date of sanction to* * *. under " [sub- secti6n (3)j of section 22 : Provided that the Government may prescribe an earlier date from which such settlement shall take effect and that such date shall not be earlier than the date of notification under sectign 18. - -- - -- 1. Omitted by tho Orim Survey and Scttlcmcnl (~rnendmc~t) ~ c t , 1962 (Or. Act 7 of 1962). s. 22. 2. Substitukd by ibM, s. 23 lor ''subsection (2) of xction 22". 3. Substituted by the Orissa Survay and Sottlcment (Amcudmcnt) Act, 1975 (Or. Act 21 of 1975), s 4. 4. Substituted by the Orissa S u m y and Settlement (Amendment) Act* 1962 (Or. Act of 1962). s. 23, for "24". 3. Omitted by the oris& S m y and Settlement (Amoodment) Act, 1962 (Or. Act 7 of 1962). s. 24. 6. qubr4tutcd by ibid., 3. 2j (a), for "23 LO 25". 7. Subslitutad by ibM., s. 35 (b), for "19 to 22". 8. Subairuted by ibid., s. 25 (c) for "ro-published under snb-Rction (3) of - 22". 9. w t b d by &id., s. 26 (4. 10. Wrkd by {bid., 1. 26 (b). 11. Sub3citut~d by iw., a 26 (c), for "sum-tion (2)" 3 of B59J Tm ORISSA SURVEYAND SETTLEMENT Am, 1958 69 (Secs. 29-31) CHAPTER V Ju~is~m~oxlr AND ~ O C E D U R E '[29. ( I ) AII' authorities hearing any appIication, ~ l r w t i w appeal or revision under any of the provisions of this of C O ~ ~ . Act shall do so as Revenue Courts. (2) Save as otherwise provided in this Act when an order has been made under section 3, 11, 18 or 36 no court shall entertain any application or suit in respect of any matter for determining or deciding which provision is made in this Act and all proceed- ings in respect of any such matter pending on the date such order is made shall be stayed till the h a 1 publication of, records under section 6-C, 12-B or 23, as the case may be.] 30. The Government may from time to time A P P ~ ~ ~ O n of Code of make rules consistent with this Act dcclaring that -, v ~ r 1ws any provisions of the Code of Civil Procedure, 1908, $y-yDt; shall not apply to applications, appeals or otheruodtr tb proceedings under this Act in -any Revenue Court ~ c t - f or to any specified classes of a ~ c h applications, appeals or proceedings or shall app:y to them subject to modifications and additions specified in the rules. 31. (1) The '[Settlement Officer] may by written ,uz,"fs order, distribute in such manner as appears to him- of fit any business copizable under this Act by any Ravcnm to distri%u ta TAssistant Settlement OAicrrj and by like w d e r h& ma mrr withdraw any case pending before such '[~fice{ and either dispose of the same himself or by written order refer it for disposa! to any other Revenue Qffi- cer i n the district. 5[(2) The aforesaid powers shall, in relation to all business cognizable under- this Act, be exer- cisable by- . (a) the ~ i s t r i c t Collector and the Chief'Survey - Officer in .respect of oicers subordinate to them ; and ( b ) the Board of ~ e v e n u e in respect of Settle- ment Officers, Chief Survey Officers and District Collectors.] -- I. SuMtituted by tho ~ ? i s & Sutwy end Sot t l~mc~t ((Amcodment) Act, 1962 (Dt. AH 7 of 1962), s. 27. 2. Substityttd by ibid., 1. 28 (01. 3. subtitired by ibld. 4. Substiruttd by ibid. 5- Subtitufed by IbU., $. 28 (b]. - .. 70 THE ORISSA SURVEY AND SETTLEMENT, ACT 1958 [Or. Act c r to 32. The Hoard of Revenue may call for the cal! for and revise record of any proceeding before '[any officer] from PrDCCCdiag whose decision no appeal lies if such OfIicer appears of Rcvenua ~ C G T S . to have exercised a jurisdiction not vested in him , . by law or to have failed to exercise a jurisdiction so vested or while acting in the exercise of his juris- diction to have contravened some express provision of law affecting the decision on the merits where such contravention ' has produced a serious miscarriage of justice and the Board of Revenue, after hearing the parties if they attend shall pass' such order as it seems fit. , DcIegajion of 33. The Government may by notification, POW^^. delegate the powers of the Board of Revenue to an Oficer not below the rank of a Revenue Divisional Commissioner. rirniw t i o p 34. Subject to the provisions of the next foUowing Or. a P P I- section every appeal presented and application made GatlOtlS. - after the period of limitation specified therefor shall be dismissed aIthough limitation has not been set up as a defence. Applicnti o n 35. Subject to the provisions of this Act the of thc Indian provisions of t k India11 Limitation Act, 1908, except g oflwa Limits ~ d , 1928. ' sect ion 6, 7, 8, 9, 19 and 20 shall apply to all appeals and applications mcn tioned in section 34. CHAPTER VX Simultantow proceedings. '[3h. ( I ) Notwil hstanding anything contained ' ir. Chapters i I , I11 and IV, the Govement may make an order directing that prqceedinss relating to- (u) survey and preparation nf record-of-rights, (b) preparation of record-of-rights and settle- ment of rent, or (c) survey, preparation of record-of-rights and setlIement of rent, shall with respect to any local area, be carried on simultaneously and upon such order being made, the provisions of this Act shall apply to such proceed- ings with such modifications as may be prescribed, - , --- . -- - -- - -- -.--. - - - I. Suhtit ubd by t be Orim Sumy and %trIomont ( A m c M ~ n t ) M. 1962 (Or. Act 7 of 19621, s. 29. (2) Where simultaneous proceedings have been ordered under clause (u) or (c) of the preceding sub- section, the Assistant Settlement Officer and the Settlement Officer shall respectively exercise all the powers of Survey Officer and Chief Survey Officer.] '137. (1 ) In the demarcation of village boundaries Fzig for the purpose of making a survey and preparing bounrlarits. a record-of-rights under this Act the area contained within the exterior boundaries of the village shall, as far as possible, be preserved as the unit of survey and record and no other area shall be adopted as such unit without the sai~ction of thk. Board of Revenue. (2) In respect of any area which is not a village, the unit aforesaid shaII be as may be directed by the Chief Survey Officer or the Settlement Officer. (3) The procedure to be followed in declaring any tract of land to constitute a village shall be as may be prescribed.] 2[38. ( I ) All records published in the course of Vdidation of Past rboords proceedings relating to survey, preparation of record- of-rights or settlen~ent of rent and all records main- and*1'"- 1 tained, before the date of commencement of this meat of reat. Act under the provisions of any law for the time being in -force or any custom having the force of law or . under orders .of Government, shall be deemed to have been finally published or maintained under sections 6-C, 12-B, 23 or 16, as the case may be and all rents settIed prior to the said date under any such law, custoin or order, as aforesaid, shall be deemed to be settled under this Act. (2) The other provisions of this Act shall mrrtatis murandis, apply to all such records and rents so settled. E.rplanation-For the purposes of the application of sections 6-D, 15, 25 acd 42 the date of final publi- cation shall be taken to be the date of commence- ment of the Orissa Survey and Settlement (Amend- ment) Act, 1965. 1. Substituted by the Orha Survey and Se~flcrnent ( h e n d m m t ) Ad, 1962 (Or. Act 7 of,1962), s. 37. 2. Substitutd by thc Orissa Survey and ScltIemcnt (Amcndmcnt) Act, 1965 (Or. Act 9 of 1965), s. 3. 72 THE ORISSA SURVEY AND S E ~ E M E N T ACT, 1958 [Or. Act (3) Notwithstanding anythin8 in the forcgcling sub-sections, no- proceedings shall be maintainable---, (a) under sections 6-D, 15 or 25 if the record nr anv entry therein or the settlement of rent had, prior to the date of commence- ment of the Orissa Survey and Settje- ment (.%-r;endment) Act, 1965, been - 9 Orissa or ~BN. ~ c t (i) subject to a revision by the Board of Revenue ; or (ii) after bd ng made, further considered by any authority in accordance with any law or under orders of Govern- nlent ; or (iii) subject to any decision by a Civil Court ; or (b) under section 42 if the matter had been in issue in a previousIy instituted suit in a Civil Court. ] Prolsfion of 40. KO suit or other legal proceeding shall lie a- 1 % ~ against any person for a~y th ing in good faith done "ndff or purporting to be done under this Act or any rule Act. or order made thereunder. a r t s t i o n of 41. 2 h y Settlement Officer or Chief Survey arithmeticl~ Officer or' any other officer specially empowered mistalct9- by the Board of Revenue1 in this behalf may on application or on his *own motion, wrrect' any clerical or arithmetical mistake in any map, plan or in any record-of-rights or any error arising therein from any accidental slip or omission : Provided that no such correction shall be made unless reasonable notice has been given to the parties concerned. -- I. Omitted by the Orissa Survey and Settlemmt (~mtndment) Act, 1961 (Or. Acl 9 of1,1965), s. 4. 2 Substituted ~y :he Orissa Survcy and Settlement IAmendment) Act* 1962 (Or. Act 7 of 1962), s. 32 '[42- ( I ) No suit shall be brought in any Civil tz$f$:$ Court in respect of any order directing survey, pre- or Civil paration of record-of-rights ' or settlement- of rent under this Act or in respect of framing, publication, elgni~g or attestation of any record thereunder or any pad thornof; Provided that any person aggrieved by any entry in or omission from any record finally published under gection 6-C, -12-B or 23 or in purstlance of swtion 36 may, within thee yenl-s front the date of such pubhatian, institute a suit for relief in 3 Civil Court ha* jurisdi:cti,on. (2)'iWen such court .has passed final orders it shall: notify the: same to the Collector of the district and all such'alterations as may be necessary to give eefect to the orders of the said Court shall be made ialthe records published as aforesaid. 1 43. (1) The Government may, after previous zym11,,:,9 publication, make rules2 fbr the purpose of carrying out the provisions of this Act. (2) In particutar and without prejudice to the generality of the foregoing power the Government may make ru1es:- (i) to regulate the procedure to be followed by 3[different officers -and authorities] -in the discharge of any duty imposed dr the exercise of any power conferred upon them by or under this Act and may by such ruIes confer upon any such Officer- @) any power exercised by a Civil Corn ' id the trial of suits ; J.'9hbatifuied by the 0rksa.Surey and Settlement I Amendmot ) ~ a , ' B62 A F ~ Y nF:1963 1: P, -33. 2, For Rules, see NolSn. No. 46572-8--6/60-H. dated tbc 29th October 1960, pllblisb~d in the Orissa Gazette, Extraordinary, dated the 29th October I9Kl ( No. 679 1. 74 TEIB ORISSA SURVEY AND SETTLEMENT ACT-, 1958 [Or. Act (Sec. 44) (6) power to enter upon.any land and to survey, demarcate and make a map of the same * * . * : ~ , n d (c) power to cut and thrash the crops ' ' - on any land and weigh the produce with a view to estimating the capab-i- lities of the soil ; (ii) ,to prescribe thc forms to be used and the mode of service of notices issued under t h i s Act where no form or mode is pres- . cribed-by this or any other Act ; (iii) as to the procedure to be followed '[in hearing applications and appeals] under this Act ; ( iv) as to the fees, costs and charges to be paid for the purposes of this Act ; 3[not- withstanding anything in the Court-fees Act, 18701; 7 of I870 (v) for the survey of lands and the preparation of a record-of-rights and of settlement of rent ; - (vir') prescribing, .the form in. which registers -shall be maintained of applications and appeals dispo6ed of umder this Act ; (viii) 4* * - * . . R ~ I G S to ba 44. A f l rules made under section 43 ' shall be Inid laid as soon as possible after they are made before kb'ym the Orissa Legislative Assembly for a total period of meen days which may be comprised in one session or in two or more sessions, and shall be subject to such rnodiiications as the Assembly may make during the said period. 1. Omitted by the OdQm Sumy and !%rtkm@t ( A w d ~ n l ) Act,. I 9 e (Or. Ad 7 or 19623. s. 34 (a). 2. Substitutd by ibid, s. 34 (6) for " in applications". 3, Added by ibid. .a. 341~). 4. Omittsd by ib!d. s .34 U). 3 of 19591 THE ORISSA SURVEY AND S E ~ M E N T ACT, ,1958 75 . 45. With effect from the date this Act comes into force in any area the laws mentioned hereunder shall, wi'h respict to the said area, be repealed namely :- , - (a) any law in force i n any of the me-rged . ' territories to the extent it is repugnant to the provisions of this Act ; and (b) the enactments specified in column 2 of the Schedule to the cxtent speczed in columii 3 thereof. 46. (1) Nothing contained in this Act shall i n ~ k y f any way affect any: procedings pending on the date this Act comes into force under any of the enact- ments or laws referred to in section 45 ar~d '[all such proceedings shall be continued up to the stage of final publication of records under the said enact- ments or laws]. ( 2 ) For removal of doubts it is hereby declared that the right of the Gnvernnient to reaIise the costs of all proceedings relating to survey, record-of-rights and settlement of rent whether continued or completed under the enactments specified in the Schedule shall remain unaffected notwithstanding anything contained in this Act. . =/46-A. Notwit hstanditlg anything contailzed in POWC~S OT Setrlement the Central Provinces Acts mentioned below the omcers Settlement Officers and Assists n t Set1len:ent Oficers 2; appoiuted under this Act shnlI respectively exercise vinces ~ c t s - the powers and pcrEbr111 the i'uunetions oi- 10 be excrci- sed by 081- ccrs appoint- C, P. ~ c t a8 (a) Chief Settlemellr Olficers and Scttlenlent :& of 1881. , C.P. ~ c t 11 Officers under the Cctltral Provinces Land oi 1898. Revenue Act, 1861 and the Czritral Pro- vinces Tenancy AG~, 1898 ; 2nd C. P. A d 2 nf 1917. (b) Settlement Officers and Assistant Settle- C. P. ,el 1 ment Officers under the Central Provinces of 1920. Land Revenue Act, 1917 and the Ccrltral Provinces Tenancy -4ct, 1920 1. - - - I lSubstituttd by the O t k * Survey and Settlement ( +ndmwtt) Act, 1962 (Or. Ad 7 of 1962 ), s. 35. 2. Inocrted by ibid, s. 36. 76 THE ORBA SURVEY AND SETTLEMENT ACT, f 958 [Or. A d POWCI to 47. If any difficulty arises in giving effeoi to ~ $ 2 difi- the provisi~ns of this Act, the Government may, as occasion may require, do anything which appears to them necessary for purpose of removing the difficulty. ( 5th. ) SCHEDULE ENACTMENTS REPEALED (See section 451 - ----, - -- - Number and Short title Extent of repeal '' Year 1 2. 3 V of 1875 . . The Bengal Survey Act The whole VIII of 1923 The Madras Survey and The whole Boundaries Act-. Xof 1908 . , . The Madras Btates Land Chapter s 1 and IT. The Act. provisions of other Chapters in so far as they are repugnant t o the provisions of this Act. II of 1913 . . The Orissa Tenancy Act Chapters X1 and )UT. The provisions. of other Chapters in . so far as they are ' repugnant to the provisions of this Act. VI of 1929 ... The C. P. Settlement Act So far as its provisions are repugmnt to this Act. XI of 1898 . . The C. P. Tenancy Act: So far as its provisions are repugnant to this Act. I of 1920 . The C, P. Tenancy Act So far as its provisions are repygnant to @is Act. XVIII of 1881 The C. P. Land Revenue S& as its provisions are Act. repugnant. to this Act. U of 1917 . The C. P. Land Revenue So far as its provisirss are Act. repugnant to this Act. l[I of 1920 . . BiQar and Orissa Mqici- The whole] pal Survey Act. 1. Added by t b Oxism S w o y and Sttd-1 (Amendmerit ) Act, 1962 (Or. Act 7 d W), 8.37, ORISSA ACT 5 OP 1994 + *THE O R l s s ~ S U R Y ~ Y AND SETTLEMENT (AMENDMENT) ACT, 1994 LRe~eived the assent of the,Governor on the 26th March 1994, first published In an emordinary isue of the Orissa Gazette, dated the 5th April 1994 ] . 'I 1 'C AN ACT TO AhfBND TEE O m S A SURVBY A N D , XlTBUbfENT ACT, 1958 BE it enacted by the L g i s l a M of the Slate of Orissa in the Forty fifth Year of the Republiec of india as folIow9:- ' I Shoa ti* 1. This Act may be called the Orissa Survey 'and Settlemmnt (Amendement) Act, 1994. Amendment 2. In section 33 of the O r h a S w e y and Settelement Act, 1958 for the::= =tion 33. words "an O&xr not below the rank of a Revenue Divisiowl Oomrniesioner", the wordsUany officer above the rank of a Settlement O f i o e ~ ' ~ shall be sub stitutcd' ' * For the Pill see Orfssa Gazette, Bxtraordimry, dated the 24th February 1994 .[ No, 259) . . . - . , - . , . . . . , , o R , s s A A & 2 3 ' O F ~ gg8- .' - - . ..... . . . . I . -,:.. . _ . . . . . . THE ORISSA SURVEY AND SETTLEMENT (AMENDMENT AND VALIDATION) ACT, 1998 - . . TABLE OF CONTENTS - . , :;> 1. Short title - 2. Amsodment of section 44 ORJSSA Acr 13 OF 1998 VHE ORISSA SURVEY AND SETTLEMENT (AMENDMENT AND VALIDATION) ACT, 1998 ,[n?c,.ived fit-. nsseltt of ti& Govertfar o t ~ the 28th Sepfa,~ber, 1998, $rsr puhlfslled i n at1 exfraorrilnar~ issfre of the Orissa Gazette, h t e d the 16111 October 19981 + AN ACT TO MTBND THE O R I ~ SURVBY AND S ~ L E M E N T ACT, 1958 AND TO VALIDATE C E R T ~ ACrtONS TAKEN AND THINGS DONE PURSUANT TO TEU3 OR~SSA SURVEY AND & T T L ~ ~ ~ B N T (AMENDMENT) RULES, 1976. BE it enacted by the Lcgislarurc of thC Slate of Orissr in the ForLy-njnlli Year of the Republic of Tndia as foHows:- Short ~IW* ' 1. This Act may be callcd the Orissa Survr y 2nd Setilcmeni (AmendmenT and Validation) Act, 1998. a W b t 2.- 1n the Or issa Survcy and Settlement Act, 1958 (hercjnzfter rcftrred to as orirsa Aet the principal Act), for sect ion 44, the following section shall be deemed to h v e been of 1959. 44. substituted on and with eEcct from the 24th day of Mzrch, 1976, nan-cly: - "a. All rules made under siction 43 shall, as soon as may be after they are made, he laid bcf(jre the Statc Legislature for a total period of fqurreen days which may bc comprised in one or morc sessions, and if durlng the said period the State LegisIature makcs any modidcat1 ons ihcrein, the rules shau thereafter haw effect only in such modified form, so, however, that such modification s h d be without prejudice to the validity of ao ytbing previously done under thc rules. ". Validation. 3. Notwirbstanding anything to thc contrary in the principel Act, or any . judgement, decree or order of any Court, the Orissa Survey and Scltlement (Amendment) Rules, 1976 (hereinafter referred- to as the Amendment Rules) made under section 43 of t h ~ principal Act and published under the notification of the Government of Orissa in Revenue Department No. 21474-R., dated the 23rd March 1976 as S. R. 0. No. 34/76, shall be deemed to be effective on and with effect from the date of such ~ubIication as if section 44 of the principal Act as amended by section 2 of this Act had been in force at all material points of time when the ruIcs ,were so made and published and were laid before the Orissa Legislative Assembly in pursuance of section 44 of the principal Act a d , accordingIy,- , (a) all actions taken or things done or purported to be taken or done including the fixation, assessment and realisation of rents pursuant to the amendments made by the Amendment Rules shall I L be deemed to havc been valid1 y done or taken; and ' . . . < (b) no suit or other proceeding shall be instituted, maintained or co- ntinued in any Court merely on the,ground that the Amendment RuIes were not eE'ective prior to Iaying of- the same before !he Assembly for a total period of f i f r ~ n days as required by section 44 of the principal Act as i t stoad prior to the commencement of section 2 of this Act. - - ;.. *For rho Bill see O r b s ~ Gazrttc, extraodinary, dated the 1st July 1998 (No. 841) 1959OR3.pdf 1959OR3.pdf 1959OR3.pdf 1959OR3.pdf 1994OR5.pdf 1998OR13.pdf