The Orissa Land Reforms Act, 1960

Act 16 of 1960

Keyword(s):
Land Reforms, Orissa Land Reforms, Agriculture, Basic Holding, Ceiling Area,
Fair and Equitable Rent, Fair Rent, Home-Stead, Irrigated Land, Land
Holder, Land Reforms Personal Cultivation, Privileged Raiyat, Lord
Jagannath, Raiyat, Rent, Standard Acre,

Amendments appended: 9 of 1990, 29 of 1993, 12 of 1994, 8 of 2006

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 ' ORISSA ACT 16 OF 1960
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CONTENTS . . ,

~FM~BLE ,
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. I . Short title, e,xtent and cornm,encemcnt
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, >2.Definitions
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3. ,Act to ovkrride..otherhla~i

. RAIYATS. AND
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l o t to be affected . ' . . - . . .
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5. ~ x i s t i n ~ ' r i ~?f
. a . h tiaiyats
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. . pr,obibiiion
.and . of lining
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... &A. ~ e b i ~ o i a r y b eon d franr[er,of land settled b i ~ o k f t h e n t

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7: ~cn-trinrTerabilityadd k i n g bithe rights and ~iibilitis~ bf tenants
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- .. 8.Eviqion of rgiyatq
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. . 9. $wclliqg hourina.ofraiyats and tt'nants
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. ' houri,of agricultura~lsb~ursraand artisans .

. 10: ~willip~ . : '
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b'f
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. ~ o d k , transfir dfih?ldi% of s.ra&t
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1 ii.:bccisios akdi&~ts;&on~idndlads and* *raiyaiyalr , '

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' li5,. Recoykry of-rqnt and diapute between

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,..* : 17.-&rant bf r&ipt to hiyat or tenant

. :* , .?.nd. penalrybfor
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7-
. 18. penalty on,landlorid' .for ek&ss , ,
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realiSatibn dr, . ii(terfe&k 'with ,:tcnantir ; .
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; i9. Partition among-cq-shaier raiyats how t&jx,effected". . ., . . . I I

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20. ~ & d rkst.by diluvioh !
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accretion.: . . . . . . .
'21.: ~ b d gained.bY~gradual
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22-A,~~rrendei~or'aba~dtinment birajya-ibr.&hait
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 SECTIONS ,. .
23-A.~ i i c t i o nof person in unauthorised occupation of property ,

23-B..Burden.ofproof and ~ n d t r h e n tof Limitation Act, 1963 in its application to , ,

proceedings under section 23.

-' ~ A P T I $ R1'11

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' 25. ~Krtntof resubable land . ,-.

* 26. Rights of the lzkdlord and the tenant to apply ..

27. ~e&mi&tion df resh&blc and
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. I . . nol-rkumablc.jand . . , , .. . .

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, . 28.' comp6n~stionfor non-reshmablc lands . . + . ,

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29. Certificate ,in respcit of,resumablo and non-resumable lands

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3 0 , ~ ~ e n a ntot bkbrnc rai& aodhr>coveryof cdmpcnsatiai : .
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+ 3 1: Peisons ehtitld to rccctvc compensa~ian
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:32. ~artiiicateto be ionclusive ptoof . , ' ,
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33. R9nt:for noi-rcsumable land to .
whom payable , , , -
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, : 34. Tenants right I;, c o ~ t i n u .on e resumable lands

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q+A. , ,C, . .
- ~_ -D- .' ~ U B & offailuicoflaed-lord t o ' s ~ p l y . ~ d e r s o c t i 26
on "
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. 35:~'Eail~rebf both landlord . 'md fcnant'?o,applyulidci Ation 26

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.. . - FA; ~i~h~-?fte&&t.until:&onclusionof praeecdipgi under this chaptei. '
36.,lZ&?vd i f doYbti . ... . .
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. -. ' + 3 & ~ . . ~ e n atoi tbcco& raipt in re&cf

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of tho w,iole oldthe land in ceriaih c a e r '
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' . 37-A. &ling $rea
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3743.Persons not ctitilted to hold land in txa&s'of,ccilingarta. , .;- :, . + .. -* '

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1 - 38. ~ x e m ~ t i ofrom:&iling
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99..lrlncipler ..
for d&i&ningthc
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ailing . . .... . . ' .. . a

, 40. prohibition of transfer a i d . partition' bf land mstri~tio.ll. b f E U ~ &'for sp,?ad . , , . ':"* ,

. . performance Of cuntiacts. . . . . '...- I. . . ..

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40-B.Submission of rerums in special cases
41. Responsibility for submitting returns . . .
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42. Failure to submit return to entail forfeiture of claim
43. Prepartion and publication of draft statement showing ceiling'and s~lrpli~s
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44. Final statement of ceiling knd surplus lands

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44-A. DecIaration under section 57-A40 be produced byfore finalisation of statwent
45. Surplus lands to vest in ~bvernment ' ,
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. 45-A. Delivery of possession of surplq lands . h' , ,

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45-B.Lands cscapings cjiling proceedings to vest along with surplus lands' already
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' vested.
'46. Assewmcnt ROIL to be preiared
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47. Principles to dettrmtne m o u n t . . .' .
and publicatibnof draft ~sswstiient,~ o l l
. 48,.,~r&aration , ,

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. . 49. Final Aisessmeat]Roll
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51. ~ettle&nt'ofsu&s . I n. n d ~
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on f u t v aquiritioas .
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. 32: &ljing ' '

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. CHAPTER V -

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. A D ~ ~ ~ N V T R A T I MACHINERY
$E FOR :'IMPLEMENTATIOH OF LAND REFORMS
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,' 53. Constitution of ~and'~omrnissio~
, , ' 54. Functions of-Land ~omrnlssion' ' '
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. n ~ i r t r i cExecutive
55. ~ o ~ l i i u.k i oof t ~ammitteckadLocal ~ommittce'
., 56. Funciions 0.f thz bistrict ~xeiutiveCommittee + '
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. 5 6 A . .C;ctificatepf
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. . dissbiIity - . .
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.58-B.
. 'Cas~llarioaof cxtificitz o f dissbiiity and its consequences
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eve nu: officer
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. 1. ' . 57. ,~ro&duretob: follo&d by '. . , . . .

57-A.i?shstitution of rribunds ao.1 dslaiatjbm-odtrust to.& rzligioufi or chaiitabla ' .,'..

" . trust of public nature. :. . -. ,. . L . . .

'57-~-~&fercn& pl
. . . c @ e a l carrain piivikgd raiydti by thi: c ~ ~ l k t o
'."r 1 'I .. ..

. 60.Review . ' , . . , .
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,. - 61,-0rd@ to be final
1- . 62.Court-fqes I .
 63. Limitation .
64. E n q u i r i ~and procbdjngs to bz judicial p r o d i n @
65. Execution of orders
66. Fees of legal practitioners not to form part o k costs
67. Bar of jurisdiction of ,civil.courts
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68: Penalties .
69. Delegation of power
70. Indemnity
. . 71. &cutive instructions . . .
72. Power to eater upon land
' 73. Act not to appiy t o esrt@dands ' .
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'74.qepeal
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. 75. Power to make rules. ' . . . .
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- 76. Power to remove do ubts.&d ddih&t&

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 '[THE ORISSA LAND REWORMS ACT, 1%0]
!Received the assent of the Preside11t on tile
17tlr October 1960,first publishetl irl crtl
extr~ordinaryissue of fhe Orissa
Gazette, dared ihe 11111
ffovernber 19601
-qN ACTTO REFOKMTHE LAW RELATINGTO
LANDTENURESAND TO PROVIDE
FOR
MATTERSCONNECTED THEREWITH
OR INCIDENTAL THERETO
WHEREAS it IS necessary to enact a progressive
legislation relating to agrarian reforms and land
tenures consequent on the gradual abolition of inter-
mediary interest;
AND WHEREAS it is expedient to confer better
rights on agriculturists to ensure increase in food
production in the manner hereinafter appearing ;
It is hereby enacted by the Legislature of the
State of Orissa in the Eleventh Year of the Republic
ot India, as follows:-
CHAFIER I

1. (1) This Act may be called the Orissa Land shorl titte,
Reforms Act, 1960. cxtent and
armmence
(2) Tt extends to the whole of the State of Orissa.
(3) D shall come into force2in whole or in part,
on such date or dates as he Governme~ltmay from time -
to time by notification appoirlt; and different dates may -
be appointed for different provisions of this Act.
-- .. ... ---- ----
I. For State~nnnrof O h ~ ~ and
l s Rcasons rcc Oris.ro Gazerrc, Extraordi-
narx, dated the 6th Fcbruarh, 19hO (No. 142) and i o r the R t p o r ~ or % l e t
Committee see tbid.. dalcd thc 26th Fcbruary ;960 (NO. 240).
2. Came inlo Force with effect from lhc 1st Ociober, 1965 excepting
Chepltrr 111 nnd I V viilu Notifiwtic~n No. 63382-Re-60/65-R.,dated rhr 25th
September, 19hZ. published in Ori.rsa Garelre, Exlrnordin~ry,datrtl thc 25th
September 1965 (No.1501).
Chnptcr ti1 camc into rorcc with tNcc1 from thc 9th Deecmllcr,l965
vide Notification No.78619-R.E. 78165.R.. dated rhe 8th Dcccn~bcr, 1965,
published in Orisslr Gazette. Extraordin~ry. duted the 5th Dt-ccmbcr. 1965
(Nu-1807).
Chapter IV came into force with effect frunl liie 7th January, 1972, vjda
Notification No. 88172.916-R.,datcd the 5th January, 1972, published in
Orisxu Gazerre, E~tranrdiner~.dated the 6th January, 1972 mo. 33).
 254 THEORISSALANDREFORMSACT, 1960 [ Or. Act 9

DcEdiona 2. In this Act, unless there is anything repugnant

in the subject or context :-
( I ) c'agriculture" includes the raising of crops,
grass or garden produce, horticulture,
dairy farming, breeding and keeping of
live-stock and use of land as pasture or for
forest or for any other purpose where
such use is ancillary to agriculture';
1 + *
(21
(3) ''Armed Forces" means the Military,Naval
or Air force of the UKIion ;
(4) "basic holding " means an area of Iand
measuring '[two] standard acres ;
>[(5)"ceiling area" mmns the extent of land
which a raiyat or landholder shall be
entitled to huId under section 37-A;]
'[(5-a) "classes of land" means-
Class -1-Irrigated land in which two or more
crops (i) were, in my year within a period of
three years before the commencement of the
Orissa Land Reforms (Amendment) Act, Zizt';,
1973., grown or(@ can be grown in a year. f, 1w3.
Class I1 ---Irrigated Iand in which not more than
one crop (i) was, in any year within a period
of k e e years before the &rnmencemmt of
the Orissa Land Reforms (Amendment) Act, ,ident'r
1973, grown or (ii)'cstn be grown in a year. A C NO.
~ 17
of'W3.
Class HI-Land, bther- than. irrigated land, in '

which paddy(i) was, in any ymr within a

priod of three years before the commence-
ment of>he Or issa Land Reforms (Amend- NWL
meat) Act. 1973, grown or (ii)can be grown :;fi.331T
in a year.,
Class IV-Any other Iand.
ExpIunution -For the purposes of this clause
tanks, cocoanut gardens and orchsds
1. Omitttd by the Orissa h. d Reforms (Amendment) Act, 1965
{Or.llct I3 of 1965), s. 2 {t).-
ZSublituted by W.,s. 2 (fq.
3. Substitdd by the Otissa Land Reforms (Amendment Act, i974
/Or. Act 9 1974), a. 2 (a), read with Presidmt's Act No.17 of $73 d o n d
from the 2nd October 1973.
. - . 4.Substii~tedby ibld, s. 2 6).
 (except orchards growing banana), shall be
deemed to be Class ZIT land;]
(6) "Collector" means the Collector of a distri-
ct or any other officer appointed by the
Governmen1 to discharge a11 or any of the
functions of ColIector under ?his Act:
(7)" commencement of the Act" in relation t o
any provision means the date specified in
respect of that provision in a notification
under sub-section (3) of section I;
(8) "District Executive cornmit tee" means the
Committee constituted under section 55;

'[(9-u)"fair .and equitable rent". in respect of any

land means cash rent payable by raiyats for
similar lands with similar advantages in
the vicinity ;
(9-b) "fair rent" in respect of one acre of
Class I, Class 11, Class I11 or Class IV land
means respectively eight, six,, four or two
standard maunds af paddy or the cash
equivalent thereof ;
3[ExplanationI]-The cash equivalent of paddy
shall be . calculated on the basis of the
market value of paddy as may be declared
every year with respect to different areas by
Government by notification in that behalf;]
' [Explattotion 11-For the purposes. of conver-
sion, one maund shall b6 equal to 37.3242
kilograms.)
. .

(10)" Government" means the State Government

of Orissa;
(12) .'!holding!' means a parcel or parcels of
land forming lhe subject of a scparate
tenancy ; .,
1. Omitted by the Orissa Land Rtfoms (Amenamtnt) ACI, 1965 (Or. Act
13 of 196S), s. 2 (v).

3. ~ e n u m k c dby the Orissa Land Reforms {SWnd Amendmeat) Act,

1976 (Or.Act 44 of 19761, a.2.
 'r(i2) ''home-stead" means any land, whether
or not rsorded as such, ordinarilq used as
house-site, ancillary or incidental to agri-
culture;
?[(23) "irrigated land" means land which is assur-
ed of irrigation from an irrigation project
constructed or maintained or improved or
controlled by the Central Government or
the State Government or by a body cor-
pvrate 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 [**I lift irrigation from
any perennial water source opemted by
diesel or electric power, but does not incrude
continually water-logged lands or sahd-cast
lands ;] , ' -

'UJ4) "land" means land of djfferent classesuused

or ~ a p a b l eof being used for agricultural
purposes and includes home-stead;]
(15) "Land Commission" means tlle Land Co-
mmission constituted by the Government .,
under 'section 53; ,:-
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(16) "Land holder" means aH holders or ownerr

of interest in land between'the raiyat and
the State and a Proprietor,, Sub-proprietor,
. Malguzar, Thikadar, Gauntia, Tenure-
holder, Under-tenure-holder and includes
anInaadar. Jagirqlar, Zamihdar, IUaquadar,
~harposhdar,Pa rkanadar, Sarbarakar and
Msufidar; , - .

(17) "Landtord" means a $erson immediatdy

under .whom landjs .held by a aiyat or a
tenant ; - .
Exp/anarion J-A raiyat or a:.tenaut shaIl be
deemed to be a landord in relation to the
tenant or tenants immediately under him;
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1. Substituted by<theOissa ~and.Rtfotms(Amendment) Act;lPbS (Or. Act

13 ofI965),s. q v i i ) .
2. SuhtituterLby the Orissa Lag&-R e i o n s {Amenhcnt) Act, 1974 (Or.Act
9 01 1974)!,s. 2 (c).: --.

3. ~ e l e t dby th.c Oris% Land Reforras.(Sccond Amendment) Act. I975 (Or.

Act 29 of1976). s. 2 [a)
4,.Substituted by the O r i w Land Ref3rm (Amendment) Act. 1-
(Or.k t 13 of 1965). s. 2 (ix].
 Erplonarion 11- Government shall be deemed
to be the landlord in respect of the lands
held directly under them either by a raiyat
or a temporary lessee or a tenant;
(18) "Land Reforms Commissioner" means the
Land Reforms Commissioner appointed by
the Government;
'[(18-a)"local committee" means the local
wrnrnittee constituted under section 5 5 3
(19) "minor" means a person who has not
attained rhe age of majority under the
9 of1875 Indian Majority Act, 1875 ; '

3[(21) "person under disability" means :-

(a) a widow, or an unmarried woman or a
woman, who i s divorced or separated from
her husband by a ,decree or order 'of a
Court or under any custom or usage
having the force of law; or
(b) a minor ; or
(c) a person incapable of cultivating land- by
reason of sox8 mental or physical disa-
. bility; or
(d) P serving member of the Armed Forces; or
4
[(el a raiyat the total extent of whose lands
held in any capacity whatsoever does not
exceed thiee standard acres; or]
( f ) a raiyat the total extent of whose lands
held in any capacity whatsoever' for
personal cultivation after the disposal of
proceedings, if any, under Chapater ILI
"does not exceed three standard acres]:

I. Inserted by the O r i ~ aLand Reforms (Second Amendment) Act, 1975

(Or. Act 29 of 19761, s.2 (b).
2. Omitted by the Orissa Land Reforms (Amendment) Act, 1965 (Or. Act 13
of 1965), s.-2 (x).
I.
3. Subituted k~yiybid., s. 2 (xi).
4. Substitulcd by the Orissa Land Beforms (Sccond Amendment) Act,
1975 (Or. Acl 29 of.19761, s. 2(c) (Or
5. Substituted by ibfd; s. 2 (c) ((ii).
 THEOKISSA ACT, 1960
LANDREF~RMS [ Or. Act 16 ~
Provided that in the case of a person
covered by any of the sub-clause (a), (b) or
(c) a certificate has been obtained in accor-
dance with the provisions of this Act to the
effect that such person is incapable of
cultivating the land personally;
l ~ r o v i d e further
d that a certificate as
aforesaid shall not be granted to a person
who is subject to any physical disability if
he has any source of income (other than
- land ) as may be prescribed;J
Explanation-Tn computing the extent of lands
; for-the. purposes of sub-clause (e) or Cf)
;-
- l a d s covered by homestead, or orchards
:-.and tanks shall not be taken into account;]
(22) "personal cultivation" with its gramatical
variations and cognate expressions means
to cultivate on one's own account-
(a) by one's own labour; or
(b) by the labour of any member of one's
family; or
(c) by servants or hired labour on wages,
1 payable in caah or in kind, but not in
crop-ahare, under one's personal
superviaion or the personal supervision
of any member of one's family;
'[Explanation-'family' in relation to an
individual, means the individual, the
husband or wife, as the case may be, of
such individual and their children, whether
minor or major;
(23) "prescribed" means prescribed - by rules
made by the Government under this Act;
3[(24)*'Privileged raiyat" means-
(a) a co-o&tive society registered or deemed
to be registered under the Orisaa Co-
operative Societies Act, 1962 and includes
2 of 1963.
1. Insem$ by the Orissa Land Reforms (Seoond Amendment) Act, 1975
(Or.Act 29 ,of1976),s.2 (c) (iii).

3. subbiItutntcd by tho O r i w Land Rerorms (AmeildmW) Act, 1974 @r.

Act 9 of 19741, s. 2 (dl, read w ~ t b PradIdmt's Act No. 17 d 1973,
d o r o d from 2nd Oaobtr, 1973.
 (Sec. 2-contd.)
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
Orissa ~ c 11t Jagannath Temple Act, 1955;
of 1955.
(c) any trust or other institution declared
under this Act to have been a privileged
raiyat prior to the commencement of the
President's . Orissa Land Reforms {Amendment) Act,
A C NO:
~ 17 1973;
of 1973.
( d )any trust or other institution whose estate
has been declared to be a trust estate by a
competent authority under the Orissa
on'^ A& L Estates Abolition Act, 1951;
QP 1952.
(e) any other trust uhich is declared to be a
religious or charitable trust of a public
-
nature by the Tribunal constituted under
section 57-A; and
( f ) any public financial institution;]
'[(25) "Public financia1 institution" means-
( i ) a banking company within the meaning
10 of 1949 of the Banking Regulation Act, 1949;
, (ii) the State BankofIndia constitutedunder
23 of 1955 the State Bank of India Act, 1955;
(iii) a subsidiary bank within the meaning of
the State Bank of India (Subsidiary Banks)
. 38 of 1959 Act, 1959;
, . (ivJ a corresponding new hank within the
meaning of the Banking Companies
(Acquisition and Transfer of Underta-
‘- 5 of 1970 kings) Act, 1970;
( v ) the Agricultural Refinance Corporation
estaMished under the Agricultural Re-
10 of 1963 finance Corporation Act, 1963;
( v i ) the Industrial Development Bank of India
established under the Industrial Develop-
18 of 1964 I : ment Back of India Act, -1964; .
i.Insened by the Orissa t a n d Refoms (Amendment) Act, 1974 (Or.
Act 9 of 1974). s. 2 (e) read with Prtsident's Act No. 17 of 1973 enforced fmm
2nd October, 1973, This clause was previously omittcd by the Or* h d
.
, ( d d m e n t ) Act, 1965 (Or. Act 13 of 1965). 5. 2 (xiii).
Rdb?ms
 THEORISALANDREFORMS ACT, 1960 [Or. Act 16
(Sec. 2 conrd.)
(vii) the Industrial Finance Corporation of
India established under the Industrial l5 lg4'
Finance Corporation Act, 1948; and .
(piill the Orissa State Financial Corporation
established under the State Financial Car- 63 lg51
porations Act, I951 ;I
(26) "raiyat" means a person who is or is
deemed t o be a raiyat as such under the
provisions of this Act ;
(27) "rent" means whatever is lawfully pay-
able or deliverable in money or in kind or
in both by a tenant or a raiyat to his land-
lord on account of the use or occupation
of the land held by him ;
(28) "Revenue Officer" means any officer
appointed as such by Govenment to dis-
charge any of the functions of a Revenue
Officer under the provisions of this Act 9 .
'C129) "scheduled bank" means a bank included
for the time being in the Second Schedule
of the Reserve Bank of India Act, 1934;j 1934

'[(30) '%tandard acre" means the unit of meas-

urement of land .equivalentto one acre of
Class I land, one and one-half acre of Class
TI land, three .acres of Class 111 land or
four and one-half acres of Class XV land ;
Explanation-Fox the purposes of conversion, one
acre shall bc equal to 0,4047 hectare;]
(31) 4'tenant'' means a person 'who has no
rights in the land of another but under the
system generally known as Bhag, Sanja or
Kata or such similar expression or under
any other system, law, contract, custom or
usage personally cultivate such land on
payment of rent in cash or i n kind or in
both or cn condition of delivery to that
person,--

1. Inserted by the Orissa Land Reforms (~keodment)Act, 197A(Or. Act

. 9 of 1974), s. 2([), read with President's Acl Np. 17 of. 1973 cnforwd from
2nd October 1973- Thaclause was omiIld :by the Orirsa Land Rcformo
(Amendmet) Act, 1965 (Or.Act 13 of 1965). s. 2 (xiv).
2. Subrtituted by ibid., s. 2 (g).
I
 .(a) either a share of - the produce of such
land; or .
(b) the estimated value of a portion of the
crop raised on the land; or
- (C) a fixed quantity of produce irrespective
of the yield from the land; or
. .(aproduce or its est h a t e d value partly in
any of the ways described above and
partly in another;
(32) "vested esfato", "date o'f vesting" and
similar ocher expressions refer to an estate
Orissa Act I which has vested in the state of Orissa under
OF 1952. the Orissa -Estates Abolition Act, 1951;
' + (33) "year" means the ogricuIpra1 year cornme-
'

. of April];
.ncing on the'[l s t day .

(34) words ana expressions used in-this Act bui -

not defined shall have the ssme.meaning as
assigned to them in the Tenancy Acts,.. !
Laws, Rules, Regulations, customs or usage
. in force in .any part of the-State of Orissa
40~1882 and the Transfer of Property Act, 1882'as I
the cas~l-maybe. , -
i
3. Saie as otherwise provided. the provisions of
'

this Act shall have effeectt,,ngtwithstanding anything to other laws.

thk contrary in any other law, custom or usage or
agreement,decrmor order of Court.
CHAPTER I1
RAIYATSAND TENANTS . .

4. (1)The following persons shall be deemed to be wtp

taiyats for the purposes of this Act in respeq of the
lands held by them, namo1y:-
(a) persons holding laid; immediatly before . .
the commencement of this Act or at any
time thereafter with rights of-occupancy
under or within the meaning af any lsrw
.

for the time being in force;

. (b) a raiyat in the districts of Angul and m o m.
oris~a ndmals 'within the meaning of the Ap@ . ,
Regulations ' Laws Regulation, 1936' and the Khondmal
I; :
4 and 5-of
1936. ' j Laws Regulstion, 1'936 respectively;
1. Substituted by,the Orirsa Land Reforms -(Amoridme@) Act, 1965 (Or.
Act 13 of 1965). s.%xvi) To! ?'first day of Briisakh of thq Orrya year".
(24hw-18) .
262 THE ORISSALAND REFORMS
ACT, 1960 [Or. Act 16

(c) a raiyat in a raiyatwari village in the Samb-

alpur or Bargarh subdivision of the district
of SambaIpur within the meaning of Centr- CP.AC~It
a1 Provinces Land :Revenue Act, 188 1 ; Of lsa1#
(d) a person who, under an inarndar of an
jnam which is not an estate within the
meaning of the Madras Estates Land I 0f19)8Act
Act, 1908 whether or not such inam bas
vested in the state, iu the distric!~of
Ganjam and Koraput or the subdivision
of Balliguda holds land in such inam
with heritable and transferable rights
.therein;
(e) the holder of a raiyatwari patta under the
raiyatwari settlement in the distircts of
Ganjain- and Koraput and in Balliguda
subdivision of Baudh district;
. . (f3 a person with ,whom land has been settled
for agricultural. purposes after the c o r n -
- encemefit of this 'Act under a lease from
.,

a land-holder, or under a permanent lease

from Government;
' ,. (g) persons entitled to acquire rights of Occup-
ancy under ,clauses (g) and '(h) of section 7
. . of the Orissa Merged States (Laws) Act, OriwaAcr
. 1950; 4 of 1950.
'[(h) subject to the provisions of sub-sections
(Z),(3) and (41, persons who are temporary
lessees in personaI~cultivation of lands in
-
the vested estates held under Government
,
for agricultural purposes, persons who are
In personal. cultivation of such lands held
either mediately or immediately under sua
temporary lessees and the successor-in-inte-
rest of any such persons:]
. Provided that nothing in this clause shall
apply to char or diara lands or lands held
under the custom of Utabandi or similar
a@er customs :'.
2 ' * I * *
tr

1. 3ubstitulCd by Ihe Ori!sa Land Reforms (Amcndrnent)Act, 1975 (Or.

a Act29 of 1976). s, 3(0) (i).
2. Omitted by the OrIssa Land Reforn~s (Am~dmcnt)Act, 1965 (Or.
. Act 13 d 1963, s. 3 (i)(a).
 (i) '[subject to the provisions of sub-sections
( 5 ) t o (8) persons who are * * 1
in personal cultivation of any land and
recorded as sub-tenan1s or under-raiya ts In
: respect of such land in the record-of-rights

under any law In force in any part of 1he

State '[ and their successors-in-in~el'est:]

'[Provided that nothing in lhis clause shall

apply to perso~ts who are recorded as
sub-tenants or under-ra iyat s after t~le30th
day of September, 1965 or to their
successors-in-interestif the land in respect
of which they have been so recorded
belo~~gs to a person under disability or to
a pi-ivileged raiyat. ]
'1 (2) The Revenue Officer, on an applic~lion
in that behalf in the prescribed form and ma uner by
a person referred to in clause (h) of sub-section
(1) made not latter than ninety days fr,orl: the
commencement of this Act or within such further
period not exceeding thirty,days as such officer in his
descretion allows, may after such enquiry as may be
necessary. by order declare that such person shall
,

be a raiyat holding immediately under Government

in resspect of the land held as specified in the said
clause 6[with effect from the beginning of the year
nest following the date of the order: ]
'[ Provided that any ,such person as aforesaid,
who has failed to makean appIication within the said
period, may make such application within ninety days
from the date of commencement of the Orissa Land
Or.Act 8 Reforms (Amendment) Act, 1966 :
of 1967. -
I . Inserted by the Orisa Land Reforms (Amendment) Act, 1965 (Or. Act
13 or 1965), s. 3(i) (b).

2. Deleted by the Orissa land Reforms ( Second Amendmrnt ) Act,

1975 ( Or. Act 29 of 1976 ), 5. 3( a ) ( li ) (I ).
3. Ad:'ed bv ibid., s. 3 [ a ) ( ii ) ( 2).
4. I m r t e d by ibid., s. 3 (a) (ili).
5. Substituted by the On- Lend Reforms (Amendment) Act, 1965
(Or.Act I 3 of 1965), s. 3 (ii).
6. Added by the Orism Land Reforms (%cad Amendment) Act, 1975
(Or-lpct 29 of 1976), s. 3 (6)(i).
7.1na;tcd by the Orissa Land ReCorms (Amendment) Act. 1966 (Or. Aet
8 or 1967). s. 2 (i].
264 THEORISSALANDREFORMS
ACT, 1960 [Or. Act 16
(Sec. 4 -contd.)
I ( Provided further that any such person as
aforesaid who has failed to make an application
within any of the pzriods specified i n this sub-section
may make such application within a period of lwo president's
years k r n the commencement of the Orissa Land :;:g- l7
Reforms (Amendment) Act, 1973 :] 1
Provided further that any such application made
after lhe expiry o f the period specified in this sub-
seclion and before the afoyesaid date shall, for all
purposes, be treated as an application filed within
the period of limitation: 3
' [Provided further that an application nnder this
sub-section may, if it relates to any land situate in
an estate vested in the Government after the 30th
day of September, 1965, be field within two years
from the date of commencement of the Orissa Land
. .*Reforms ( Second Amendment ) ,Act, 1975 or the
date of vesting of the estate,, whichever is later. ]
(3) while making an order under sub-sectiofi
(2) the Revenue Officer shall determine the premium
in respect of tbe raiyati right to be so acquired to
be paid to Government which shall be an amount
calculated at the rate of eight hundred rupees per
standard acre of the land.
(4) The premium determined under sub-sect ion
(3) shalI be payable in five equal annual instalments
on such dates as may be fued by the Revenue
O E a r and the amount of premium or any portion
thereof remaining unpaid shall be recoverable as
arrears of land revenue. ]
(5) The- Revenue Officer, on an application in
that behalf in the prescribed form and manner
4[ by the sub-tenant or under-raiyat or the successor-
in-interest ], as the case may be, referred to in clause
(i) of sub-section (1) made not later than -ninety days
from the commencement of this' Act or within such

1. Inserted by the G r i m Land Reforms (Amendment) Act, 1974

(Or.Act 9 of 19741, s. 3 (abtnforad from the b d ~ d d b e r1973.
2. Inserted by the Orissa Land - Relorms tS:cond Amendment ) Act.
.
1975 (Or. Act 29 of 19761, s. 3 (6)(to
t e dt[:c Ciic:a Land Reforms (Second Amendment] Act,
3- ~ u b c ~ { ~ u by
19?5, (Or.Act 29 uf I976), s. 3 (c).
4. Substiluted by ibid., s. 3(,I)(i)
 further period not exceeding thirty days as such officer
in his discretion allows, may, after such enqrllry as
may be necessary, by order declare such sub-tenant ar
under-raiyat '[or successor-in-interest to be a raiy at
in'respect of the land referred to in the said
clause with effect from the beginning of the year next
following the date of the order 1 :
1: Provided that any such sub-tenant or
under-raiyat who has failed to make an application
within the said period, may 'make such application
within nineiy days from the date of commencement of
Or-
1967. ' the Orissa Land Reforms (Amendment) Act, 1966:
provided further that any such sub-tenant or
under-raiyat who has failed to make such applicaiion
within any of the periods speciqed in this sub-section
may make an application within a period of two years
-&,, from the commencement of the Orissa Land Reforms
26x0:17 ( Aaendment )Act, 1973 1:
Provided further that any such application made
after the errpify of the *period specifid in this sub-
section and before the aforesaid date svall, for all
purposes be treatedas an application fled within the
period of limitation 3:
' [ Rovided further that an application under
this sub-section may be made,-
(a) in the case of sub-tenants and under-raiyats
who have. been recorded in the record-of-
. rights on or after. the 1st day of October,
1965, within two years from the date of
commencement of the Orissa Land
Reforms (Second Amendment) Act, I 975
or the date of final publication of the
record-of-rights, whichever is Iater ; and

1. Substituted b.v thc Orissa Land Rerotrun (Sccond Amendment) Act, 1975
(Or. Act 29 of 1976)., s 3 (6)(il).
2. Iascrted by rhe Orissa Land Reforms CAmcndment) Act, 1966
(Or. Act 8 of 1967), s. 2(ii).
3. Inserted by I ha Orissa Land Rcfcrms (Arnendnlcnt) Act, 1974
(Or. Act 9 of1?974), s, 3(b), read with President's Act No. 17 of 1973,
enmt into force, w.e.f. 2nd October 1973.
4. Inserted by the Orissa h r t d Reforms (Second Amendment) Acl, 1975
(Or. Act 29 or 19761, S. 3 (d) (iii).
266 LANDREFORMS
THEORISSA ACT, 1960 [ Or. Act I6

(b) in the case of the successor-in-interestof any

recorded sub-tenant or recorded under-
raiyat, within two years from the date of
commencement of the said Act or the date
of death of the sub-tenant or under-raiyat,
whichever is later. ]
(6)While making an order under sub-section (5),
the Revenue Officer shall determine the compensation
in respect of the land wbich shall be an amount calcu-
Iated at the rate of eight hundred rupFes per standard
acre ofthe land, to be paid by such sub-tenant, under-
raiyat or successor-in-interest to the person or persons
(not being the Government or land ho1der)mcdiateIy
or immediately under whom the land was being held
prior to the-.conferment qf the raiyati right, in
'proportion to the .rent that each was recsiving in
respect thereof and the Revenue. Officer shall also
apportion the compensation between the persons
entitled thereto.
(7) The compensation determind under sub-
sectiorz (6)shaIl be payable in t h e prescribed manner
in five equal annual instalments on such dates as
may be fixed by the Revenue Officer.
(8) The compensation or ,any portion thereof
which remains unpaid shall be recoverable as arrears
of iand revenue on application to the Revenue Officer
by the person entitled thereto.
(8-a)The rights of all persons entitled to receive
compensation in accordance with sub-section (6) shalr
atand extinguished with effect from-the date of confer-
ment of raiyati right under sub-section (5) and the
sub-tenant, under-raiyat or the successor-in-interest, as
the case may be, shall be Uableto pay fair and equitable
rent t o be determined by the Revenue Officer In the
prescribed manner to the Government or the person,
as+thecase may be, immediately under whom the land
is held consequent on such extinguishment.
(8-b) The Revenue Officer may also on his own
motion, within rhe period allowed for making an
appGcation under su b-section (2) or under sub-section
(3, take allsuch action and in such manner as is
provided in sub-aections (2) to (8-0) for declaring the
persons or their auccemora -in-interest, as the case may
I. Substituted by the O r i u m d Rdornt~( W n d Amendment) Act,
1975 tar. Acr 29 of 1976). s. 3tt).
be, referred to in clauses (h) and (i) of sub-section (1)
to be raiyats and the provisions contained in sub-
sections (2) to (8-a) shall, so far as may be, apply to
proceedings under this su b-section.]
(9) With effect from the date of commencement
of this Act no land lord shall be entitled to recover
from his raiyat more than a fair and equitable rent
and where in any case rent is paid in kind the
Revenue Officec on application of either of the
parties interested shall determine the fair and
equitabIe rent in the prescribed manner and pending
such determination the rent payble shall not exceed
one-eighth of the gross produce or the equivalent
tbereof.1
5. For removal of doubts it is hereby declared Existin
r$Ms oc g
that, save as otherwise provided in this Act either expre- raiyats not to
d y or by nseesar y implication, the rights in Iand in any be affstcd.
area held by a person who is a raiyat within the meaning
of this Act shall be in addition to and not in derogati-
on of his rights if any, in respect of such land under
any other law relating to land tenures including any
law relating to landlord and tenants or custom or usage
for the time being in force in such area and applicable .
to such raiyat.
6.(1) The rights of a raiyat in any land held by^:1 a h t 4 of
him as such shaI1 be-permanent. heritable and trans-
ferable.
E!
t i p a or
._--- lettmg.
(2) ~ o t w i t h s t a n d i nanything
~ in sub-section ( I )
but subject to the provisions of sub-section (3) a trans-
fer after the commencement of this Act by way of a
lease of any land held by a raiyaf shall be void and
inoperative.
(3) It shall be lawful for a raiyat who is a person
under disability or is a privi1ege.d raiyat to lease out
his lands to any tenant.
f6-A. ( I ) Notwithstanding anything contained Tempora r y
1

in sub-section ( I ) of section 6, but subject to the&;:,

provisions of sub-section (3) thereof, any transfer by land iiettled
,
araiyat of anyland which has been settled with him~'fovcm'
for agricultural,purposes under a permanent lease from
I. Inssrtd by,the O r h a Land Rclvrm~ (Amendment Act. 1974
dm. ~ 1
c 9tor f 9741, 1.4, rtad with W d e n t ' s Act No. 17 d 973, d o &
i c m ?ntn~ctober1973. . ,
,
 THEORISSALANDREFORMSACT, 1960 [ Or. -Act 16

Government shall, if such transfer ia made within ' [a

period of ten years ] from the date of such settlement
without obtaining the previous permission in writing of
the Revenue Oflicer, be void.
(2) No right, title or interest held by a raiyat
'in any such Iand 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.
(3) Not withstanding anything contained in any
other law for the time being in force, where any docu-
ment requ'ired to be registered under the provisions of
clause (a) to clause (e) of sub-section ( I ) of section 17
of the Registration Act, 1908 purports to transfer any 16 or 190s .
such Iand within the period specified in sub-section ( I ) ,
no registering officer appointed under that Act shall
register any such document unless such document is
accompanied by the written perniission
'
of the Rev-
enue OEcer for such ~ansfer.
(4) Nothingin sub-section ( I ) or sub-section (3)
shall apply to any transfer . by way qf mortgage
executed in favour of any scheduled bank or in favour
of any bank to which the Orissa Co-operatiye Societies
Act, I962 applies and nothing in sub-seotion (2) shall g&p
apply t o a money decree obtained by any such bank. ]
N ~ n ~ r m f c r - 7.2[i1)Theriphtsofatenantinanylilnd heldby
of the him as such shall be
i n g and
ab''iLy
w heritable, but shall not be
rights and transferable.]
l i a b i l i t i ~01
tenants. 3[(Z) Save as otherwise provided in this Act-
(a) no tenant in lawful cultivation of any Iand
at thecommencement of the Orissa Land'
Reforms (Amendment) Act, 1973 or at any President'#
time thereafter sball be liable to be evicted Act&.
3f 1973.
17
from such land by the landlord;
(b) no such tenant shall be bound to pay rent.
at a rate higher than the rate s p e c ~ e din ,

section 1.3; and

-

1. Substituted by the O r i s s a h d Reforms (Second Amandmerit)

Acl, 1975 (Or. Act 29 o f 1976), s. 4.
2. Substituted by thc Orissa Land Reforms (Second' Amendment) Act,
1975 (Or. Act 29 of l976), 5.5.
3. ~bbstitutcdby Lhc Ori* Land Reforms (Amendment) Act, 1974 (Or.
Act 9 of 1974). s.5. rcad with President's Act No. 17 of iy73, d o r o d -'

from 2nd October 1973.

 (c) the rights, benefits, protection, privileges,
obligations or liabilifies of any tenant in
hear d n t's lawful cultivation of any land at the
~ c tNo. I7
of 3471. commencement of the Orissa Land Reforms
(Amendment) Act, 1973 a s were existing
imnledlately prior to such comlnencement
shall not be liable to be modified or exting-
uished in any manner whatsoever. 1
8. (1)Subject to other provisions of this Act and E Y is 1 i0 .
notwithstanding any contract, custom or usage or of raiyab.
decree or order of any Court, a raiyat s h d be liable
to eviction only if he-
(a) has used the land comprised in his holding
in a manner which repders it unfit for the
purposes of agriculture, or
(b) hai leased out the land in contravention of
the provisions of section 6 or has faiIed to
cultivate the Iand personally, or
(c) has used th'e Iand '-for,any. k o s e other
.
\ than agriculture.
!
i ~xplanation- he construction of a house. for thb
l e s f d n ~ of the raiyat and his. family. members
tag~ther with all necessary, outhouses shall ,be
deqmed to be for agricultural - purposes.
1'
(2) A raiyat liable to eviction under sub-section
( I shall be entitled to three months' nwtice in writing
frpm the landlofd intimating his intebtion to so evict
apd the grounds therefor:
I

i Provided that such eviction on the grounds

,

Specified in .clause (a) of sub-section ( I ) , ~11.811not take

ieffect unless the raiyat, within a period of one year
!'from the date of service of such notice, fails to restore
,! the land to a condition fit for agriculture.
I
9. (1) Every person who is a raiyat or a tenant in b w 11 in E
respect of any land but has no permanent and h i - housa!i of
raiyats and
: tabIe 'rights in respect of any site on'which his dwelting tutants.
house or farm house stands shall with effect from, the
commencement of this Act be deemed to be a raiyat in
respect of the whole ofsuch site ora portion thereof
riot exceeding one-fifthof an acre wh-ichever is less if
he or his predecessor-in-interest has- '

@I:'obtained permission, express or implied,

from the person having permanent . . . and
 THEORISSALAND REFORMSACT, 1960 [ Or. Act 16
(Sec. 9-colt td.)
heritable rights in the site and having right
to accord permission for the constructioo
of such house; and
(b) built such house at his own expense.
Explanation- (i) 'x X X
:[(ii) Lands to be held as a raiyat in pursuance
of this sub-section shall bc so determined
as to include, as far as practicable, tanks
excavated and wells sunk by such person
on the site and so as not to exceed in
extent the limit specified in this sub-section.
'(iii) Trees standing on the iand SO determined
shall belong to such person.
(i13 Right of way and other easementary rights
necessary for t be enjoyment of the aforesaid
land.shall .attach thereto.]
. ,
. '[(I-A) The Revenue. Officer, on an application
made in this behalf by the person refered 'to in s u b
sect,ion (I), i~ the prescrihdformandmannerand
within the prescribed period, may, after such inquiry
as may be necessary, issue a certificate in t he prescribed
form to such person to the effect -thathe 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
wrsoq is evicted from the site at any time after the co-
mmencement of the Orissa Land Reforms (Amendme!!) mdmnt.o
Act, 1973 the Revenue Officer.'. shall, b y ~ ~ t n o . r r d
order, direct that possession of the-Sitebe delivered to 1973. ,

tbe said person and may take such further-stepsas he

may consider necessary to give .effect to the order so
passed.] . . , , , ,

(2) If i mediately before ihe commencement of

this Act, any person had permanent and heritable rights
in the site, in a capacity other thanthat of alandholder,
the rights of all such persons shall stand extinguished
an! they shall be entitled to compensation from t h e
ralyat or tentant as the case may be equal to ten times.
the fair and equitable rent payable for the site under
- -
1.. Omlttd by the O r i y tand Reforms ( A m a d m a t ) Act, 197.4 (Or..
Ad.
9 of 19741, s. 6 (a), read wth president's Act. Nom17 of 1973, with . -
erect
frOm the 2nd Cctober 1973.
2. Added by the O n ' s Land Reforms (Amendment) Act, 1p65 (Or. Ad
f 3 of 19651, s. 4.j
:
3. Inserted by the O r i a Laod Reforms [ ~ m & d n w t ) Act, 1974 (Or.
Act 9 of 19741, s. 6 (b), read with Pmsidont's Act No: 17 of 1973,
:
enforced from the 2nd October, 1973.
 of I960 1 THEORISSALANDREFORMS
Act, 1960 271

sub-section (3). The classes of rights entitled to such

compensation shall share it equally and each such
share shall be divided equally amongst persons
belonging to the class to which the share relates:
provided that nothing in this sub-section shaU
have the effect of extinguish in g the rights of Govern-
ment in the said site.
(3) The person who becomes 3 raiyat in respect
of the site specified in sub section ( 3 ) shall be liable
. . to pay fair and equitable rent therefor '[to the
Government or the Land-holder, as the case m a y be,3
immediately under whom he holds consequent on the
. , extinguishment of rights referred to in sub-section (2).
(4) In &se of a dispute about the amount of
rent so payable or abolrt the apportionment of
compensation, the Revenue Officer shalI on an appli-
cation b any person intersted filed in the manner and
I
,

within e time prescribed hold such enquiry as may

be hecessary and decide such dispute.
/ '

10. The provisions of section 9 shall mutatis mela,

- murandis apply to the dwelling houses constructed by h a w s of
agricultural Iabourers and village artisails and;the sites agricultural
I
'

on which such houses stand. and tk.

I
Explanation -If such labourer or artisan or his i
predecessors-in-interest had for the first time occupied
the site in question when he was in the service of the
person.having permanent,and heritable rights in the
site and right to accord per,mission for the construction
of the house, the fact :of such occupation shall be
conclusive proof that ermission had in fact been so
-
accorded. , ,
,

- 1 1 . ( l ) ~ v e r ~ ' t r a n s f ~ o f t h e h o l d i n g oraiyat,,,,
fa
--.ora portion or shge ther~ofby way of aaIe, exchangetramforof
or gift ,shall be made by a registered instrument except
id -the case mefitioned in sub-section (4).
:$zs Of a

.
,. . .:
(2) The ~egisterjngOacer shall not accept for i
registration any such instrument unless the rent of .

;such holding or.a ,portion or share thereof is stated

,separately in :he instrument and unless it is accompa-
nied by a notie' signed by the transferer and the
transfereg giving particulars of' I he transfer.
l.,Suhlituted by the Oris= Land Reforms (Ammdmflt) Act, 1974 (0r.
No. 17 of 1973, snforad
Act 9 of 1974) a. 6 [ c ) , read with P~idtrlt'sAct,
from t h e a d Oitobcr, 1973.
 THEORISS:'.
LA\IJI<EFO~{JI': .'\r.r.1960 [ Or. Act 16

(3) In the case of a transfer of a holding or a

portion or share tllereof by bequest, the Court shall,
before granting prcl ba te or letters of administration
require the applicant to file a notice giving particulars
of the transfer.
(4) When the holding of a raiyat or a portion or
share thereof is sold in execution of a decree or order
. -of a court or in pursuance of an award given under
-the Orissa Co-operative Societies Act, 1951 or under Ad ls
any law, for the time being in force for recovery of of 1952.
arrears of land revenue or any other public demand,
the Court or the officer holding the sale shall before
confirming. the sale require the purchaser to file a
nbtice giving the particulars of such sale.
(5) The notice under any of the Preceding sub-
sections shall be jn the prescribed form accompanied
by the prescribed fee and shall be transmitted to the
Revenue Officer who shall cause it to be served in
the prescribed manner on the land-lord, named in the
notice. He shall also cause a copy of the notice to be
transmitted to the authority competent 'to maintain
'

the record-of-rights.
m f m nf . 12. (1) Any dispute between a raiyat and his Iand-
-=
d'uputn
landlords
lord.relating to-
. , . ,
end rdynt3.
(i) the landlord's right to eviot the &$at under
section 8,or
(ii) the'righis conferred 'under sections 4, 9 . and
10,or
(iii) ihe rkyat's right to possession of the land
and his rights to the bepofits under this
Act shall be decided by the Revenue
Officer on a n application to be filed by any
person interested :
Provided that such application shall be filed before
-the Revenue Officer in the prescribed manner within
sixty days from the date on which the, dispute arises.
, .
(2) 0i r&eipt of an application under sub-&ion
(I) the Revenue Officer shall after making such enqu-
iry as -iniy be rieckssary pass 'such.orders,as bc deems , .

fit.
 (3) The Revenue Officer may take such further
steps as he may consider necessary to give effect to the
orders passed under sub-section (2).
13. (1) No landlord shall he entitled to recover from ~~i~~~
his tenant more than one -forth of tbe gross produce of
the land or the :slue thereof or the value of one-fourth
of the estimated produce as rent I[, so however that
such rent shall in no event exceed the fair rent in res-
pect of such land.]

(2) When relit is payable in kind, it shall be paid

within a period of"tko months after the month in
which the harvesting of the crop is compleied and at
such place in the village in which the land is situated
as may be specified in rhat behalf by the land-lord.
Id. ( I )A landlord y a y evict his tenant only if Grounds OF
such tenant- eviction of
tenant.

( a ) bas used the land in a manner which

renders it unfit for purposes of agriculture,
or
(b) has failed to cultivate the land properly or
.personally, or
., ,
(c) has failed to pay or deliver to the landlord,
tbe rent within a period of two months
'from the last day by wich it becomes
payable, there being no dispute regarding
the quantum of such rent.
*[ (2) Without prejudice to the provisions of s u b
section (1 ) 4 [ b ~ tsubject to the provisions ofsub-sectio-
ns(4) and ( 5 ) , ] a tenant shall cease to have the right to
cultivate the land - '

(a) in any case where -the landlord is a person

under disability at the .end ofthe year
during which the disabiIity ceases ;and - .

1. Added by the Orissa Land Reforms (Amadmcnt) Act, 1965 (Or. Act
13 01 196s). 2. 5.
2. Omitted by ,ibibld.,g. 5-
-
3. Subs[i!utcd by ibid., 6.
4. InvMd by the Orisw h n d , Rcrorm [~mcndnwnt) .4et, 1976: (Or.
. Act 30 or 19761, s. 2 (a).
 IkB ORISSALAND R H F OACT,
~ 1960 [Or Ad. 16

(b) in any case where the landlord being a

privileged raiyat or a person under dis- '

abiIity, ceases to be the landlord at the end

of the year during which such cessor
takes place:
'[Provided; that in the case of transfer of the
Iand by any such'--'landIord,the tenant shall not cease
to have the right to cultivate the land until after
the expiry of a period of six months from the date
of service of a notice in the prescribed form by the
Iandlord on the tenant intimating him the particulars
of the transfer and where the said period terminates
on a day prior to- the last day of a year, the cessa-
tion of-the right of tbe tenant to cultivate the land
shall ,take place at the end of that year :
Provided further that where the landlord- . .
( i ) being a person under disability, ceases to
be the landlord by reason of transfer of
the land in favour of another person under
disability, or
(ii) being a privileged raiyat referred to in
su b-clause (b), (c), (d) or (e) of clause (24)
of section 2, ceases- to be the Iandlord by
reason of transfer of the land in favour
of any parson, . .
- I
,.
. . I .

the knant shall not cease to have the right to cultivate, , .

tbe land, but- shall, subject to the other provisions
of this section continue as- a tenant- under the
transferee.
~x~lonotion-where,- a persen ceases t o b e a ' :, - ' ,

person under disability as a -onsequence of amend- ' .

ment of clause (21) of section 2 by the Orissa Iand '

Reforms ( Second Amendment ) Act, 1975, .such :

cessation shall be construed as cessation of disab!lity

for the purposs ofclause (a).].'.- . ,

-. -
. .
, , . - ,. -
1. i w e d by the Orissa ~ a a d ~ t f o r m
( es n d Amendment) - Acl, 197s..
Act 29 of 1976). s. 6.
(Of. . - ._ - . - - , . .. , ,
'
 (3) Where the landlord specified in clause (a)
of sub-section (2) or the succeeding raiyat, if any,
in pursuance of clause (b) of the said sub-section,
as fie case may be, fails to resume the land for per-
sonal cultivation at the end of the year specified in
the said clauses such IandIord shall be deemed to
have failed to cultivate the land personally and shall
be liable to eviction under the provisions of section 8.1
1
C(4) Where the hndlord, being a person un&r
disability witbin the meaning of sub-clause (e) or
subclause (f) of clause (21) of section 2, ceases
to be a person under disability by reasoc of acquisi-
tion of additional land through inheritance, bequest,
. gift, purchase or otherwise, he shall not be entitled
to awct any tenant holding any land under him,
but may resume laads for personal cultivation
in accordance with the provrsions contained in
Chapter II1 and the tenant shan be entitled to
acquisition of raiyati right in respect of the non-
resumable land in accordan= with the said Chapter.
(5) For the. purposes of sub-section (4) the
provlslons contamed in sections 24 to 36 (both
inclusive) shall, so far as may be, apply subject to
the - modification that the - period of limitation in
respect of an application to be made under section 26,
either by the ' landlord or by the tenant,. shall be
six - ~ o n t h sfrom the date of such acquisition of
additional land.]
IS. ( I ) Any claim for recovery of arrears of rent ;ay&y&
by a landlord and any 'di ute between a landford and ub MwaeD
2'
his .hiyat or tenant as t e case may be as rtgards-s;rtr=d P
' , (a)
. . the quantum of the rent payable, or -1.

(b). tenant's possession of the land and his

' '

rights - to the benests .under this Act, or

. . 2 [(c)-,the right of the landlord to tertninate
the tenancy of a tenant under section 14
or the liability of a tenant to cease to
. 1
cultivate the land under that section ; or
- 1. h e f l e d
.

by the Odrsa L m d Reforms (Arnendmmt) Act, 1976

(Or-Act 30 of,1976), S. 2 (b).
2. ~ubstitufcdby the Orissa Land Reforms (Second &am()
1975 (Or.Acl, 29 of 1976), s. 7 (13 (a).
 REO ~ S S ALANDREFORMS
ACT, 1960 [ @ * k t 16
(Sec. IS-conid.)
b

I+[(& the existence of the relationship of land-

lord and tenant] ;
&all be decided by the Revenue 0Ee.r on an appli-
cation to be filed2[in the presribed manner] by any
party interested :
*[ Provided that an application in respect of-
(a) a claim for r&very of arrears of rent,
shall be filed within one year, from' the
date on which such arrear falls due ;
(b) a dispute referred to in clauses (a) and (c),
shall be filed within sixty days from the
date dn which the dispute arises ;and
(c) a dispute referrad to in clauses (b) and (d),
shall be filed within two years from the
date on which the dispute arises :

Provided further that in the case of any dispute

referred to in clauses '(b) and (6) which had arisen,
prior to the date of commencement of the Orissa
Land R e f o p (Second Amendment) Act, 1975, an
application m respect thereof may, if not fled earlier,
Ix filed within one year from the said date.]
(2) On receipt of the application rinder. - sub-
section-(I), the Revenue Officer may, after inaking
such enquip as 'he deems fit direct the payment of
'

m a s of fent, if any, found dm or,.determine the,'

quantum -ofrent under c1a~se (a) or '[in cases under
classes (b), (c) and (4thereof] order ' the tenant by a
notice served in the presdbed manner and specifying
the grounds on w m the order is made, to cease to
cultivate the land :

1- lInzerted by the Orissa Land Rerorms (Ameadm~i) Act, 1974

t 0 r ; ~ c t4 of 19741, s. 7 (0) (iq, with eKmt frnm the 2nd October 1973.

2. lmrled by the.0riz-a Land Reforms (Swnd Amcndmcnt) Act, 1975

(Or. Act 29 of 1976);s. 7 ( i ) (b).
i
- 3. ~ubstiturcd'bi-ibid.. s. 7' ( f ) ( t i ) .
, .
- . .
., -
-
. -,,
.. :.,.,..::,
A

, ,
.
4. Substituted by- the Orisa Land Reforms (AmPndmcnt) Act; 1974 ' . ... , '
(Or.Act 9 of 1974), s. 7 (b), with effect from the 2nd W o k
1973. - .
, .
 Provided that in cases of dispute arising out
of a matter mentioned in clause (c) of sub-section
( I ) of section 14, the Revenue OEcer before ordering
the tenant to cease to cultivate the land shall decide
if rent had been duly offered and may allow reasonable
opportunity to the tenant to pay or deliver to his land-
lord the rent payable.
(3) An order for eviction made by the Revenue
Officer under sub-section (2) shall takeeffect on and
fromihe first day of the year next foIlowing the date
of such order.
(4) If any tenant on whoy a notice under sub-
section (2) has be& served does not cease 10 cultivate
the land the Revenue Officer may take such steps as
he may deem necessary for the purpose of giving
effect to his orders.
(5) If after holding enquiry under sub-section (2)
the Revenue Oflicer is satisfied that the tenant was
cultivating the land at the date of commencement of
this Aci, or at any time .thereafter, and that he is
bd ug unlawfully prevented from cultivating such land
by his landlord, he may in addition to the penalty
that he may imposz on the landlord under section 18,
order the landlord by a notice served in the prescribed
manner to allow the tenant to enter the land forth-
with and to cultivate it as a tenant.
(6) If the Revenue Officer is satisfied after such
further enquiry as he may deem necessary that the
landlord has failed to comply with his order under
subsection (a, he shall take such steps as may be
necessary to put the tenant in possession of'the land.
(7) Pending final disposal of the dispute undd
this sectio,n, the Revenut OEmr may pass such
interim orders relating to the appointment of Receivers,
for taking charge of the crops, or getting the Iands
cultbated or '[restraining the landlord from inter-
fering with the tenant-scultivation of the land or for
such other purposes] as he may deem necessary or
expedient.

/
1. ~u'bstitutcd by thc Orissa tmd Reforms (Second Ammdmcnt 1
Act, 1975 (Or.Act 29 of 1976), s. 7 (iq. ,
278 THEORISSALANDREFORMS
ACT, 1960 [Or. Act

Drsprrta
16. If any dispute arises as to t h identity of
regarding the tenants in cultivation of any Iand such dispute
identity of shall after such enquiry as may be prescribed be
tenant.
decided by the Revenue Oficer on his own motion
or on the application of the landlord or any person
claiming to be in such adtivation and the Revenue
Officermay pass such order as he may deem n w s a r y .
17. (1) A tenant who makes payment on account
siIeg toof rent
ct?t

tenant
or
to his landlord or his agent shall be entitled
a written. receipt for the rent paid by him signed
E l t y for by the landlord or his agent, as the case may be.
compIiarm
(2) The landlord or Gs agent shall prepare and
retain .the counterfoil of the receipt so granted by
him.
(3) The receipt and counterfoiI shall specify
such particulars. as may be prescribed.

(4) Jf a receipt does not contain substantially

the particulars required by sub-section (31, it.shall be
presumed, until the contrary is proved to be a v a d
discharge in full on account of rent accrued due by
the date on ,which the receipt was granted.

(5) If a landlord or his agent without reasonable

cause; refiiscs or neglects to deliver to a tenant a . , .. . .
receipt as aforesaid, the tenant may, .within three - , - .
monthsfromthedateofpayment,applytot~eRevenue , , .. .
.

Officer for the recovery of such c~rnp~nsatioq from- --

the landlord or his agent not exceeding -double~ the . , - - -

amount or value of such' rent as the sGd-'~Ecer &.

deem proper, for such loss or damage hat the
tenant might have suffered :

prodded that no such application shall be

maintainable if prior to the filrng of such applica-
tion the r a i p t has been obtained from the landlord.

(6)If the ~evenueOBicer while passing an order

under sub-s~&on(5) finds the landlord or his agent
guilty of such refusal or neglect as aforesaid, he may
impose-bn the landlord or his agent or both a penalty
not exceeding a sum of rupees hundred.
 (7) If a tenant after obtaining a
without being entitled to such a receipt
rec?t es an
Or
application under sub-section (5) he shall be liable
to pay a penalty not exceeding a sum of one hundred
,pees according as the Revenue Officer may after
such enquiry as may be necessary direct, -

(8) If the landlord or his agent without sficient

cause fails to comply with the provisions of sub-
sections (2) and (3) the Revenue OEcer may on his
.own motion or on an application by any tenant and
after such enquiry as he ,deems proper impose a
penalty not exceeding Mty rupees an thk landlord
'

or his agent,
Explanation-For the purposes of this section
a "tenant" shall include a raiyat.
18. (1) If, in contravention of any of the pro- R,ty, I
visions of this Act a landlord or his agent realises landlord for I
from a raiyat or tenant anything in excess of the rent zz
lawfully payable or deliverable or evicts the tenant iotermencc
Qy"-
from the land or interferes without sufficient cause :kt.? 1
with the t e + w t 7 s.cultivaltion of the land, the Revenue posstsslon.
Officer may, aizer mdcing such enquiry as he deems
fit, impose pd-such landlord or his agent or b ~ t ha
penalty not exceeding five hundred rupees or when
double the amount or value of what has been so
reliiised exceeds five hundred rupees dot exceeding
double the amount or value: ..
, . .

ProPided that no landlord or his agent shall be '

liable to the penalty. prbvidcd in this sub-section for
any contravention that took place prior to the .date
of passing of this Act.
(2) The Revenue Officer may proceed against
the landIord and his agent in the same proceeding
and shall award to the raiyat or tenant by way of
cumpenhtion and cost, such portion of the penalty

-
as he thinks fit.
19. (1) No partition of a holding among co-sharer
raiyats shdl;be valid. unless made by- ' ' '
a mon8
(a) a registered instrument; or - K i a t s how
to be cff-
(b) a decree of a Court;' or a
 T m ORISSALAND REFORMS
ACT, 1960 [Or. Act 16

(c) an order of the Revenue O 5 w in the

manner prescribed, oo mutual agree-
ment.
(2) When the padtion is effected as provided
in clause (a) of sub-section ( 1 ) the Registering Officer
not admit for registration any instrument
unless it is accompanied by a uotice in the prescribed
form with the prescribed particulars and the fee
prescribed for the service of such notice.
(3: The notice refcrrcd to ' in the preceding
sub-section shall be transmitted to the Revenue
I lfficer who shall cause it t o be .served on the land1ord
or his agent named in the notice .in the manner pres-
crikd. He shall also cause a - sopy cf the notice
to be transmittd to the authority competent to
maintain the record-of-rights.
(4) When the partition is effected as provided .
in clause (b) of sub-section ( I ) , the Court passing
the h a 1 decree for partition shall scnd to the Reve-
nue Officer in the prescribed form and in the yres-
cribed manner a detailed list of the lands allotted
to oach share.
(5) The Revenue Officer :shall send a copy of the
fist as aforesaid . to the authority compereit to main-
taia the record-of-rights and to the landIord, where
rent ofthe land is,not payable to Guvernment direct.
(6) When partition is 'effected in the. manner
provided in clause (L) of sub-section (1) t h Revenue
~
Oficer shall send to the landlord where rent is not
payable dircct t o Government and to the authority
competent to maintain the record-of-rights . in . the .

prescribed fom a, detailed list of knds allotted ta

each share. A copy of the order along witb the
detailed list shall be sent by the Revenue %cer
for registration under the Indian Registration ACE,
1908 to-the Sub-Registtar hahgjurisdictiqn: - ' . ~ - - r a ~ f
, -1W&
Provided that no charges for such registration
shall be . payable.
m d s 1,1 20. (1) If the holding of a raiyat or a porhon
B dduvion hereof is lost by diluvioo, the rent of the holding
shall, on applicdticn made by the raiyat in the pres-
cribed manner to the Revenue Offiar, be remitted
or reduced by -an amount 'as the Revenue (3E-r
may consider fair and quibble. - ,
 (2) The right, title and interest of the xaiyat
&all subsist in such holding or portion thereof
during the period of loss by diIuvioa not exceeding
twenty years and subject t o the provisions of section
52 the raiyat shall on its reappearance at any time
within the said period have the right to possess such
land and be liable to pay such rent as in the opinion
of the Revenue Officer is fair and equitable.

21. Any land gained by graduaI accretion to u n d s gained

bywdual
any holding whether: from the recess of a river or ,,,,a
,,
of the sea, subject t o the provisions of section 52
may ordinarily form a part of sucll holding and
the raiyat thereof shall be liable to pay such
additiona~ rent as may be determined by the Reve-
nue OfEcer.
22. ( j ) '[Any transfetj of a holding or part thereof Rcstricti q n
by a raiyat, belonging to a Scheduled Tribe shall 7: aiF:itlg
be. ,void except - where it is in-favour of- scht d u 1 ed
n~bts.
(a) a person belonging to a Scheduled Tribe, or

(6) a person not belonging t o a Scheduled

Tribe when such transfer is made with
the previous -permission in writing of
the Revenue Officer:
Provided t h! in ca'se of'a.tr&lsrer by sale the
'Revenue Officer shalP not . grant such permission
a.
unless he is,satisfied that purchaser belondng to
a Scheduled Tribe. willing !',to pay the market price
- - for the land' is not available, and in case of a gift
unless he is satisfied about the bona fides thereof.

'(2) The Government may having, regard to

the law and custom applicable,to any, area prior ro
the date of commencement of :this Act by not&
cation direct that the'restrictions.provided in sib-
section ( I ) shall not apply t o lands situated in such
&a or belonging t o any particular tribe ~hrough-
out the State or in any part of it.

1. Substituted by. the Orissa Land Reforms (Amendment)

.4ct, 1965 (Or. Act I3 of 1965). s. 7{i) for "A transfer by
way of sale or girt".
 ACT, I960
THEORISSALANDREFORMS [ Or. Act 26 ~
[(3) Except with the written permission of the
Revenue Officer, no such holding shall be sold in
execution of a decree to any pdon'not belonging to
a scheduled Trrbe.
(44) Notwithst anding anything contained in any
other law for the time being In force, where any dccu-
ment required to be registered under the provisions of
clause (a) to clause (e) of sub-section ( I ) of section 17
,of the Registration Act, 1.908 purports to effect trans- 16 or 1908
fer of a holding or part therebf'by a raiyat belonging ...

to a Scheduled,Tribe in favour of a person not

belonging to a Scheduled Tribe, nc? registering officer , .

appointed under that ~&shal1 register any such cocu-

ments, udess such docu,ment ir accompanied by the
written permission of the Revenue Oficer for such
tracsfer.
(5) The provisions contained in subsections ( I )
to (4) shall appIy, mtrtatis mutandis, to the transfer of
a holding or part thereof of a raiyat belonging to the
Scheduled Castes.
(6)Nothing in this section shall apply-
(a) to any sale in execution c.f a rr: bney decree
passed, or to any trat~sfer b~ way of
mortzage executed, in favour of any
schduled bank or in favour of any bank
to which the Orissa Cc-operative Socie-
ties Act, 1962 applies ; and 01 1963.

(b) to any transfer by c? . rncmber of a

Scheduled Tribe within a Scheruled
Area.] . . , .

Sutender
abandon-Or ZC 22-A. ( I ) No surrender I o the land lord 01
ment by abi~ndofirnentof any holding.or any pait thereof by a
feiyat
ttnant.
Or raiyat .cra tenant shall be valid unless such surren-
der or abandonment has r ~ e e nprevirbusly approbed by
the Revenus Ofher-

1. Subs~itutedby the Orissa Lind Rdorms (~rnendment) Act, 1974 (Or.

A d 9 of 1974) s. 8. , read with President's Act No. 17 of 1973, enforced
from the 2dd October 1973. Tor "40".
.
2 1&~ed by the Otis* Land Reforms (Amendment) Act, 1974 (01.
Act 9 of 1974). 6. 9., read wlth pestdent's Act No. 17 o f 1973. eoTorced from
the 2nd October 1973.
 (2) Agy raiyat or tenant desiring.to surrender or
abandon his holding or any part ;he eof may hrnish
informatinn.. thereof in. writing t.; the Revenue .
Officer. , .
,

(3) On receipt of information ur ner sub-section

(2), tLe Revenue Officer may, aRer making or causing
to be made such inquiry and in such manner as may
be prescribed, by order, either apiiiove or disapprove
the proposcd surrender or. abandonment: .

Provided that no surrender' or' abandonment

shall be disapproved udess 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 ar abaiddnrnent 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 abandonment was or
made by,a person belonging ta a Schedul-
, . ' ed Trib~;with:anotb'er -.person &longing
, 3 0 the Scheduled -Tribe .or
, ,,
- ., ,: ::,, . . ,
. -- , ,

(fl in a *&-&re n o perso; belong& t o a

Scheduled Tribe is ,zpaifible or willing to
make 'settlement under clause "(i) or in any
other case, with any oilier persot1 in acco-
rdance with the priorities specified in sub-
section (2) of .section 51. -
... ;- . '
'

- .

(5) Where any rai-yat or.tenant sjr-renders or .

abandons his holding or any part 1herof.witl:-out the

pl.evious approval cf the Revenue Officer and the
holding or part thereof so s::rrendered or abandoned
is taken possession of by the landlord, then, it shall
be competent for the Revenue Officer ( after giving .to
the landlord an opportunity of being heard) to impose
on the landlord a penalty of an amaonr not exceeding
two hundred rupees per acre of the land so surren-
dered or abandoned for each year or any part there-
of during which the possession is continued. ]
 284 THE ORISSALANDREFORMS
ACT,1960 [ Or. Act 16
(Sec. 23)

street of 23. (1) In the case of any transfer in contra-

trans f C r In
,n,,,,,,ion~ention of the provisions of [ sub -section (1) of
orscction 22-section 221 the Revenue Officer on his own informa
tion , or on the application of any person interested
the land may issue notice in the pfescribed
lnanner calling upon the transferor and transferee
to show cause' Why the transfer should not be
declared invalid.
2 [ (2) After holding such inquiry as the Iteve-
ntre OBcer deems fit and after hearing the persons
interested, hz may declare such transfer to be invalid
and impose -onthe transferee a penalty of an amount
not exceeding two hundred rupees per acre of the
land so transferred for each year or a n ~ p a r tthereop
during which the pos@ssion is continued in pur-
4
suance of the transfer which has been declared
to be invalid [and may also order such portion of
the penalty as be deems fit, to be paid t o the trans-
feror or his heir ]. ]
(3) On. a declaration being made under sub-
section (2) the Revenue Officer suo motu or on the
application of any person interested cause restora-
'

tion of the property to the ,transferor- or h i s heirs

and for the purpose may take such steps as may
be necessary for complian# with the said
order or preventing any . breach-'
. of peace:
[ Provided that if the ,Revenuflffi&r is of the
opinion that the resiocation of the, property is not
reasonably practicablg, be shall record his reasons
therefor and shall, . subject t o the wntrol of the
Government, settle the said property with another
member of a Scheduled Tribe or in the absence of my
such member, with any other person in 'accordance
with the provisions contained in the Orissa Govern-
meat Land Settlement Act, 1962.
Explanario~l-Restoration of the property means
actual delivery ofpossession of the property to the
transferor or his heir.]
-i. Substituted by thc Orissa Land Refonns (Amendment) ~ c t l, ~ h j
( O n A c t l 3 q f 1 9 6 5 - ) . ~ 8(0
2 ; subsbtuted by the Oriwa Land Heforms (AmmdmcoL ) ~ c t , 1974
.
(Or. Act 9 of 1974), s. 10 with cffect from fhc 2nd Oclobcr 1973.
3. Added by thc Orissa Laad Reforms (Second Amendment) Act, 3976
(Or.Act 44 of 1976), s. 3 (a).
4. Substituted by ibid, s. 3 (b).
 O R ~ ~LAND
SA &OW ACT, 1960 285
(.SCL'S. 233A-23-B)
1
[lil)Where am transfer is ckclal-ed under this
section to be invalid and the transferee or any other
person in possession of the property has been evicted
therefrom, the transferee shall not be entitled to the
refund of any amont paid by him to t be transferor
by way of consideration for the transfer. ]

[S-A. Where any person is found lo bt in ~ ~

of i
unauthorised occupation of the whole or part of a personin
holding of a raiyat bdonging to a Scheduled Caste or,,ta,,unauthwiscd
.
of a taiyat bdonging to a Scheduled Tribe within of P ~ R ~ Y *
any part of the State other than a Scheduled Area,
by way of trespass or otherwise, the Revenue Officer
may, either on application by the owner or any person
intmested therein, or on his own motion, and after
giving the parties concerned an opportunity of being
heard, order eviction ofthe person so found to be in
unauthoxised occupation and shall cause restoration
of the property to the said raiyat or to his heir in
accordance with the provisions of sub-section (3) of
section 23.1
!
[ * [23-B.](1) If: in any proceedings under section Burdea of
23, the validity of the transfer of any holding or an
part thereof is caked in question, or if such proceeli ~ i i t a t i o n
:zcd$d,t I

iogs a1 e for the rrcovery of possession of such hdd- ti^^,^^ I

ing or part thereof, the buragn of proving that t h e tion to pm
transfer was valid shall, notwithstanding mything under u e d i~re3
ga
contained in any other law for the time being in force, tion 23.
lie on the transferee.
(2) In the Limitation Act, 1963 in its application
to ~roceedingsunder section 23, in the Schedule, after
the words "Twelve years'' occurring in the second
column against article 65, the wards, brackets and
iigures "but,thirty years IIL the case of immovable
property belonging to a member of a Scheduled
Tribe or a Schduled Caste, specified ia relation
to the State of Orissa in the Constitution ( Sche-
duled Tribes ) Order, 1950 of the constitution (Sche-
duled Castes) Order, 1950 as the case may be'' shall '

be inserted.:]
- - -- - -
1. Added by the On'ssa Land Reforms (Second Amendment) Act, 1976
(Or. ~ c 44
t of 1976), s. 3 (c):
2. Insrflcd by ibid.. s. 4.
3. inwrtcd by the O d m Land Rdorms (AmJdme~N) Acr, 1974 (Or.
Act 9 of 19741, s. 11. w. e. r, thc 2od Octobcr 1973.
4. Renumbered by thc Drim Land Reforms (Second AmcadmePt) Acr.
f WG (Or.ACI44 or 1976), s. 4.
 M ORTSSA
LANPREFORMS
ACT, 1960 [ Or. Act 36
(Secs. 24-26)
'[CHAPTER I11

~esllmption 24. (1) Not withstanding anything to the

of tenanted
lab. contrary in Chapter ZI, but subject to the condi-
born, limitations and restrictions hereinafter speci-
fied the landlord and the tenant shall have the right
to the determination of the resumable and non-
resumable lands in accordance with. the provisions
of t h i s Chapter and for the purposes thereof.
Bxplmation-Resumable land refers to the land
which can be resumed for personal cultivation
by a landlord' from a tenant.
(2) Nothing in this Chapter shall apply in respect
of lands held by a iandlord whozx x is a privileged
=aiyat or a person under disability.
Extent of 25. The extent of resumable lands shall not be
resumable
land. more than one-half of the lands in respect of
each tenant, measured in rtandard acres only.
Righis of
tbc land-
26. ( I ) . The landlord shall have the right to
lord make his sektion under section 25 and may within
rcnantio wee month from the commencement of this Act
ap IJi on the .basis of such selection to the Revenue
0fFicer in the prescribed form and manner, with
intimation of a copy of such application i o each of
his tenants for the issue of a certificate specifying
separately the particulars of the resumable and the
non-resumable I=&. '

(2) A, tenant m y also apply to the Revenue

Officer wthin. the period aforesaid in the prescrib-
ed form rind manner, under intimatiom to the
landlord for a determination of the non-resumable
la&.in respect of his tenancy .and for the issue of
a-'requisie certXcate in that behalf:
+ 3 [ Provided that any landlord or tenant who has
failed to apply within the aforesaid period, may
make such application within three months from
the date of commencement of the Orissa , Land Or. ~ c l .
8 of 1967
Reforms (Amendment) Act, 1966:
I-----

1. substitutcd by thc 0rbsa Land ~ e i o r m (~me'ndmcn!)

s Act, 1%5 (Or. Act 13 of 1g65), s. 9.
2. Omitted by the ~rissa' Land Reforms (Amendment) Act, 1574 (Or. Act 9
of 1974). s. 12, rcad with prcsidcnt's Act No. 17 of 1973 en for^ fmm tfts
2nd O c t o h 1973. for **onthe commencement of this Act".
3. Added- "by the Orissa Lsnd Reforms Q A m e n h t )
Act, 1966 (Or. ,4ct 8 of 19671, s. 3.
 Provided further that any such application
made after the expiry of the period specified in sub-
section ( I ) or sub-section (2) and before the afore-
said date shalI, for all purposes, be treated as an
application filed within the period of limitation.]
27. (1) The Revenue Ofticer shall , I [on receipt tlon
Dettrmim
- of rcsu.
of application from the landlord under section 26, mablt and
consider it along with such application, if any, as nos-mum&.
ble land.
may have been received from his tenant under the
said section ] and after giving the parties interested
an opportunity of being heard, determine the parti-
culars of the resumable lands and aIso of the non-
resumable lands so far as may be in accordance
with the selection, if any, made by the landlord
under section 26, along with the fair 6nd equitable
rent payable in respect of the non-resumable lands.
(2) All proceedings other than in appeal, review
or revision relating to any other dispute between
such landIord and tenant pending on the commence-
ment of this Act in any Revenue Court or insti-
tuted thereafter in any such Court shall stand
transferred to the Revenue Officer who shall decide,
so far as may be, a11 such disputes along with the
determination of the aforesaid particulars.
28. ( 1 ) While deciding matters under section 27
the Revenue Officer shall further determine the nan-resum
z'ap"zrI
compensation in respect of the non-resumable lands ab'clan"*
-payable in the prescribed manner by the tenant
which shall be determined in accordance with the
following sub-sections.
(2) '[The. compensalion for 'ihe land sllail be a n
amaunf calculated at the rate of eight hundred rupees
per standard acre of the land to be paid in five equal
mnuaI instaIment4 with interest 2.r the rate or fnur
and a bull' per t.enruin p t i ;111:111111 0 1 1 1 lit: 1111p;li~l
brrlanci: lllc firsl Iltslalnzcnt i'il l l i n ~ due on 511~11
date a s thc Revenue Officer may in.his order specify
in that behalf:
3* * Y *
1. Subs~itutcdby tthc Orissa Land Relo,ms ( Anicndmcnr) ACI, 1966
(Or.Acr 8 aT 19671, s. 4.
2. Subsdluled by thc 0riw;r Lmd Rcforms (Srrond Amcndmcntl Act. 197'
(Or. Act 29 of 1976). s. 8 (a).
3. Dcletcd by ibid., s. 8 , I > / .
288 THEO ~ S LAND
A REFORMS
ACT, 1960 [Or. Act 16

Provided further that where the tenant pays

up the entire compensation amount on or before
the date on which the payment of the first instalment
falls due he shall be entitled to a rebate of five per
centurn of the compensation amount,

(3) The compensation payable for-

(a) weus, tanks and structures of a perma-

nent nature , situate in the land not con-
structed by or at the cost of the tenant;
and
(b) trees standing on the land,
shall be the market value thereof to be paid along
with the compensation under sub-section (2).
Explanation-Tn determining the market vaIue
the Revenue Officer shall, as far as practicable be
guided by the provisions contained in sub-section
( I ) of section 23 of the Land Acquisition Act, 1894. 1 of 1894
certrfica t o 29. After tbe. disposal of appeal, if - any,, from
in of the orders under sections 27 and 28 preferred with
mumab 1 e
and m-u-in the period specified in section 63, the Revenue
rnable land&OEeer, having regard to t ? alterations
~ and modi-
fications, if any, ordered in such appeal. shall issue
a certificate in the prescribed form to the Iandlord
and also to the tenant specifying a11 matters to be
determined under the said sections and shaII also
sendacopy ofsuch certificateto the authority.
competent t o maintain the record-of-rights.
Ttrant to 30. (1) The tenant shall with effect frcm the
btcodne
beginning of the year next following the date of the
r ~ ~ o m f l oissue
f of t h e certscate under section 29 become a
cornpa=-
tim. raiyat in respect of the land for which compensation
has been determined ander section 28.
(2) he instalments of the compensation amount
together with interest due thereon shall remain a first
charge on the Iaod to which it relates and shall 5 e
recoverable, as an arrear of land revenue on appli-
cation to the Revenue Officer by the person entitled
thereto.
 31. (1) The compensation payable by the tenant :$$ ,
determined under section 28 shall be paid to hiq reelv~
landlord where such landlord is a raiyat or a land- ;",EflP3aa
holder; or if the landlord not being a raiyat or a
land-holder hoIds any right under a raiyat then the
raiyat and all such persons holding rights between
the raiyat and the tenant shall be entitled to the
compensation in respect of their rights in the land;
and . persons entitled to such compensation shall
tqke it in proportion to the rent that each receives
in respect of the land and the Rcvcnue Officer shall
wNle proceeding under section 28 determine each
such share in such compensation.
(2) With effect from the.date the tenant becomes
a raiyat under section 30 he shall hold the lands as
such free from all encumbrances and the rights of
a11 persons (not being Government or a land-holder)
mediately or immediately under whom the land
was being held shall stand extinguished and the
encumbrances, if any, created by such persons in
respect of the land shall thereafter attach to the
other Iands of the IandIord.
32, A certificate issued under section 29 shall Ctrtifi~a~c
b, ,,,cl,,iv,
to

be conclusive proof of the correctness of the con- proof.

- tents thereof in respect of dl disputes between the
tenant and the persons whose rights stand exting-
uished in pursuance of section 31.
33. ( I ) The fair and equitable rent determined ,

under section. 27 shall be payable- s b ~ land

t ro
whom
'

(a) if the landlord is a raiyai or land-hoider, payable. .

to the person immediately under whom
such raiyat or Iand-holdet was holding
the land; sad
(b) in any other case, to the immediate land-
holder.
ExpJunafion-For the purposes of clause (b) the
term 'land-holder' shall include Government.
(2) Arrears of revenue, cesses or other dues to
Government, if any, by the date with effect from
which the tenant becomes a raiynt in pursuallce of
certificates igsued under sectior~ 29 in respect
of the lands; covered by such certificates sl~all be
payable by the persons who were liable for such
dues by the sad date.
 [Or. Act 16

Tenant's
right to
34. On the determination of the resumabie
conrinue Iands the tenant on such land shalI cease to have
r~sumable the right to continue in cuItivatiot1 thereof with effect
lands.
from the date of expiry of the year next fol1olying
the date of issue of the certificate under section 29.
Conse-
utnces of '134-A. In any case where the landIord in
i t of respect of any land fails to apply in accordance
landlord
apply under
" with the provisions of section 26 the Revenue
~ection26. OKcer shall, on the expiry of the period speciFied
in the said section, consider the application filed
by the tenant i n respect of such land and after
ziving the persons interested an opportunity of
being heard determine the particuIars of the resum-
able and non-resumable lands along with the other
matters required to be determined under sections
27 and 28 and on such determination the remaining
2[provisions of this Chapter], so far as may be,
shall apply:
Provided that if in any such case the laad-
lord contests the claim on the ground that- the
applicant is not the tenant and the tenznt succeeds
in establishing his claim the Revenr~eOficer shall,
after giving the tenant an opportunity of selecting
the non-resumable Iands, determine the aforesaid
pal-ficulars, so far as may be, in accordance with
the selection, i f any, made by the tenant:
Provided further that if the landlord does not
contest- the claim as aforesaid he shall have the right
to select the resumable lands and thz said pnrti-
culars shall, so far as may be, bc determined in
accordance with the selection, if a,ny, madk by
the land lord.]
FaiIurc of
35. Where both the landlord and the tenant in
both land- respect of any land fail to sipplv in accordance with
lord :a;
tenant
the provisions of section 26 the Revenue Officer
apply under may within six months from the expiry of the period
sectinn26- splecihed in the said section and subject to such
rules as may be made in that behalf after giving
the persons interested an opportl~~lifyof being
heard determine the particulars of the resumable

1; Inserted by the Orijsa Land Refclrms ( Alncndment) Act, 1966 ( or,

Act 8 of f 967). 9.5.
2. substituted by the O t i s a Land R c f a n > ( Anlcndmcac ) ~ q19b9
,
(Or. Act 13 or 19691,s.2 for "provls~onsof the Cbcpfcr".
 and non-resumable lands along with the other
matters required to be determined under sections
27 and 28 and on such determination the remain-
ing provisions of this Chapter so far as may be,
shall apply.

'[35-A. The tenant shall, subject to the finalRei,"~~~$til

orders made in the proceedings, ,if any, under this coilslcs~on
Chapter, hold the lands as a tenant with her it able^^^^^^$'
rights until the conclusion of such proceedings and h i s Chapter-
while so holding shall be subject to the provisions
contained in Chapter 11.1
36. For the removal of doubts it is hereby
declared that where the landlord after having got
~~~~~~
the right to enter upon the land under section 34,
or where the tenant after having become a raiyat
under section 30 fails to personaIIy cultivate the
land without suficient cause before the expiry of
the year next folIowing the date on which such
right accrues, such landIord or tenant, as the case
may be, shall be liable to eviction in accordance
with the provisions of section 8.
'136-A.( I ) Notwithstanding anything contained Tenant to
in the foregoing provisions of this Chapter, but in
subject to the provisions of sub-section (2) of section respect of
z;~
24, the Revenue Officer may, on an application made the wholc
of the land
in that behaIF by the tenant within two years from in ccrlain
the commencement of the Orissa .Land Reforms ;lscs.
Preid&t's
Act 17 of (Amendment) Act, 1973 and after giving the parties
1973. interested an opportunity of being heard and after
consulting the local committee, if any, dedare the
whole of the land in cultivation of the tenant to be
non-resumable 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 provi-
sions of sections 29 to 33 (both inclusive), 35-A and
36 shall, so far as may be, apply :

I. ]nsMted by ,,the Orissa Land &forms ( Amsndment ) Act, f 966

( Or. Act 8 of I967 I; s. 6.

2. Substituted by the Orissa Land ReTorms (Second Amcndmcnt) Act,

I975 (Or.ACI 29 of -1976), s. 9.
 THEORWALANDREFORMSACT,1960 1 Or. Act 16

Provided that nothing in this sub-section shall

appIy to any Iand where-

(a) the particulars of the resumable and noc-

resumable portions thereof have already
been determined under section 27 or under
section 35; or
( b ) proceedings for ,the det ernlinat ion of such
particulars are pending; [ * J

Explar~atiori-For the purposes of this section

"tenant" shall include a tenant whose application
under section 26 was rejected prior to the date of
commencement of the Orissa Land Reforms (Second
Amendment) Act, 1975 on the ground of default or
non-prosecution on the part of the tenant and a
tenant la respect of whom a case initiated under
section 35 was terminated prior to the said date on
any such ground.

(2) The Revenue Officer may also, on his own

motion, take aII such action and in such manner as
is provided in sub-section ( I ) at any time within
three years from the commencement of the said Act:

Provided that where the period of limitation

specified ir_ sub-section ( I ) is extended by .any further
period undei- section 63, the period of three years as
aforesaid shall stand equally extended.
(3) For the removal of doubts it is hereby
declared that the Revenue Officer, while proceeding
under this section, shall have power to decide any
dispute as regards the existence of tbe relationship
of landlord and tenant c.r as to the identity of the
tenant.
Applimtion
of seciion 36-B. Notwithstanding anything contained in sub-
36-A c o n a - section ( I ) of section 24, section 25 or section26, where
quent opon
amcndmcrt as a consequence of the amendment of section 73 by
oftbe A C ~ . the Orissa Land Reforms (Second Amendment) Act,
1975, any Iand becomes subject to the provisions of
this Chapter, the provisions of section 36-A shall, sb
I . Delctcd by the Odssa Lmd Reforms (Amendment) Act, 1976 (or. AC:
30 O l 19761, 5. 3 (a)-
1. Delcted by ibid., s. 3 (6).
 far as may be, app$ to such 1and subject to the modi-
fication that t h e period oflimitation specified therein . .
' shall run from the date of commencement of the
said Act.
.. .+

36-.C. ( I ) Notwithstanding anything contained Tenants - . -

in sub-section (2) of section 6, any tenant to whom : :A$: '
land. has beeri leased-out on or after the I st day of troll of ~ c -t
'3ctbber, 1965 in contravention of the provisions of , become to

that sub-section, may make an application to. the

. Revenue Officer within two years from the date of .. .
cornmen-ent'of the Orissa Laad Reforms (Second
" . Amendment) Act, 1975 ,or the date on which. the
land was so let out, - whichever is later, for being
declared .to be a raiyat in respect
. of such land.
.
,
,
. .
(2jThe ReSenue Officer may also, - on his a& .-
I'

. .

motion, initiate proceedings under ,-sbb:s&ion $1)

within the aforesaid period of two-years for
-
declaring ,
' . the tenant to be i raiyat . . . .
., ' .

1
- - .
(3) The chtaioed in sections -28 to. 33 .
(both inclusive), 35-A and 36 shall,-sofar as may be,
'
. . apply to the proceedings undkr t h i s section as if the
. . - I
whole of the land so let out were. non-resumsible.1

. - * CHAPTER rv..
,

. CEILING +'ANDDISPOSAL -OF'SURPLUS + . ,

. . * . .m.
. ' .[37. tn.this chapter,-- .. mbmm4
(a) '
includes a company, family, .
associationo: other body of.indi$dualq
.i
. . . . - whether - incorporated or not .and any
institution capable of'.owning or hold-
' \ ,
ing property; '
(b) "farnily",.in relation+to an individual, , ' .

meaw the individual, the husband or

wife, as the case ,may be, ' of such indi- . .
vidual - -and fheir childreni whether. . .I .

major 'or minor, but does not include a '

. major married son who as such '

separated by. partition or. otherwise

bef~re.the26thdayofSeptember,197Q..
I

' . 7 .
, Chaits1Y substltutcd by tbe Orissa .4cr 13 of 1965.
- .-
, , Subjtitutcd by tha On'- &d worm A-dmmt)
I: Act, 1974
-
tor. Act 9 of 1974 ). a. 14,-d wjib Presldtnt's AH No. 17 of 1973, enrorcd
tk2nd October I973 - '
.
( 24 Law- 20)
 294 - THEORES* -LANDREFORWACT, 1960 [ Or. Act- 16

CeiIing area 37-A: The cdiling . area in respect of a person- .

. .

shall-be ten standard acres: 4

- Provided ,that .where the person is a family con-

,

. -sisting of more than five members, the ceiling ,ar,ea .in

respect of -such person shall be ten standard acres . .

increased by two standard acres for. each member in ,

excess.of fiye,so,however,thattheceilingareashail
not exceed eighteen standard acres. . -
. ,
p,,n8,,, 37-B. 'on and from the. [email protected] the ,
. , antitled to- 0rissa Land Reforms(Amendment)Act, 1973, no~re~iacht*~
old land
person shall, either as land-holder or raiyat: or as tfi2;174 ' ,

ei1i.s a*. both, be entitled to hold aby land in excess . bf . .-the

. . ceiling area; .- ., .
- Erplanotio-For the, purposes of this sectioh all
'lands held individually by the +embers of a family .
,'

or jointly by some or all 'the,.members of a, fawily , '

. shall be deemid to. be held.by the'farqily. -

' , ' . , .
~xcrnpiiomr
. .-38. Saveis otherivise provided in,this section, '.
from.cCilInp.
the provisions of this, Chapter shall net apply to- .
. . . .
:. (a)-'lana~heldbyaprivile~edraiyat:
., - ' - - .
, A '

provided that nothing-inthis clause shall apply ' ,. .

to any land held by' a raiyat - undei,':a privjl+d . ,

.taiyat; ,..
(6) lands held by industrial or commercial,
- . undertakings or coniprised in mills,
. '
. . fact-ories oi ' workshops,:. where such ,
lands are necessary for the use, for any. .
non-agt_iculturalputpuse, of such .wder-
, . takings, mills, faqtqries' or workshops:. .
Provided that.wherethe.said~landsarenot. actw .
ally- used within a period of .five years from the
comrnenc&mentof the Orissa Land Reforms ,(Amend-
meat) Act, 1973, for tfiepurpose foi which they .had Ly,.idcnt'a
been set apart, the Collector may, after giving notlce of 1973.
,, .

to the persons concerned,.by.ordkr, difect that the'

provisions of this' Chapter shall - apply .to' the said
lands, . ,
, - -
. . ,-

Provided further that the Collector may, o n an

- application made.to him in this behalf and on being, , , .
. .satisfied that i t is necessary or expedient soto do,,
. .
 extend the said period of five years by such futther
period or periods as-he may deem fit, so, h o w c i v ~ ~
that the total. period of such .extension -shall not
.exceed in any case eight years; . . ,

.. - (c) p l a t atioas; - ,

.- planation-"plaotatioa" means any, laud used .

. principally for cultivation of coffee, cocoa or tea . .' . -
.. (hereafter in this Explanation referred to as ."plants-
. . tion cropdP)'and-includes lands used-for any purposa -
ancillary to-the cultivation of the plant ation - crops.or
.forthe preservation of €he-samefor .-their market*; . .

- . held : by any agricultural.upiver-

. (6)lands -

sity, ,agricultural school or college, or

. . '

. any Institution .canducting~res&rchin

' .
agrihlture.
. . . . 39. ln det6rmjning the ceiling area in respect-of a' m ~ l a f ~ f
- person, the following - principles shall be foIlowed,. d a hdtng
..
namely:-.
+w
ma.
.

.
1
i

',(a) homestead lands, or tanks with their ' . ..

.embankments, or both, to the extent of + \
- three acres in the. aggregate sbdl not ,b.e-
..
+

taken into account:

... '[(b)the transfer of any land by sale, gift or
. otherwise or' the p a ~ t i b nthereof by.a
.
, .person during the period beginnkg with . . .
'the -26t& day of 'September, 1970 and - -

ending with, the commencement of the , .

Pruidont'~ '
' Orissa Land Reforms',(Amendplent). Act, .-
' ~ c tNO;17- - 1973 shalI,, if such person was holding . - . 1
' '

of 1973.
, - land, on the said' day. -inexcess of the
.' d i n g area, be deemed to be void, any- . - , '

thing contained in any law or '-agreement

. .. ,
or ig any decree or
notwithstanding ; order, of any Court
. .
" . !
-
. . . (bb) 'fie lands so 'tranifened or 'partitioned
'shall be , faken into :.a&unt as if the .-

. - tradsfer or partition had not taken effect .

. - .- and the Revenue Officer -may, at his dis-.'
. . cretionig~bre.the s~lection made bytbe
' peeon o f lands to be , retained in his
.,

. .. possession;] . , . .
. . 0 -
.. ..
,
8 ... . . .
.

-. 1. ~ubstitutedby the~0risaLand .Reforms (Second Amtndmtnl) .Act,

1975 (Or. Ad 29 of 1976), s. 10. . . .
! - . . . . .
 - (cj w h r e 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;
Id) lands in the possession of a tenant or a
. mortgagee shall be deemed -to be lands
. hddbythe'person.
. .
' Prohibition - - . 40. (1) Except where he is permittdin writing ,
of transfer - -
and partition by ~e Revenue Officer SO t o do, no person holding
of land and land in.excess of thk ceiling area shall, after the
restriction
of suits for commencement of . the ~ i i s s a Laud Reform~~rtsident*~. '-

awif (Amendment) Act, - 1973, ,transfer .by sale, giftFlg,17

performance
of conuact. or othervase or effect aay partitibn of such land or
any part tpereof until the surplus land, ,which ' is to -.

. . vest in the Government. under :section 45, has been

. I , determined and taken. possession 'ofby,br on- behalf
of the Government and -all- transfers made and
'

partitions effected in contrwenti~n-ofthis sub-section . '

sbaU be void :
. -
' Provide'd that hothing canGined&this sub-
, . sectioq shall apply to- . -
. . (a) any transfer by way of mortgage executed
in.favour of- -
I-

.,- , (I) the Central Government or.any State ..

Government; . ..
.(ig any public Gnancial ins~itutibn; . .
-
- (iii) any bank to which the O r i s s a ' ~ ~ - o ~ e ro ar i-r r a k
live Sockties Act, 1962,.applies; 2 of 1963,
-.
.
(iv) any -"-korporation established by ,law
.
'

which is owned; . confrolled or managed

by the ,Central Governqent or by any .
State Government;

"
.( v )
.
any .bornpan inwhich not- less than
fifty-one per ,ceiit of the paid-up ,share. ,-

capital. is held. by the Central Govern- '

.:
- 1;
q e n t or-'by any cne or..more State
, . Governments; or
..
(6) - any sale -of
-land' in execution ofa decrea .-
- or order or an-award. for the realisation of
money duemder any sich mortgage.. -
'
,

. '.
 ..
( 2 ) Every suit for ,the specific perfor nlance of a
contract for the transfer ofland, instituted after the .
26th 'day-.of September, 2'970 and before the . .
Pmident1i commencement of the Orissa Land Reforms (Amend; '

- Act No. 17 ment) Act, 1973, sJ~all.

of 1973.
a bate and no .-suit for the
. specific performance,'of any such co-ntract en tcred into
before such commencement shall be maintainable.
l[(3) All suits ibr pirtibon of land instituted in
a Civil Court after the 26th day of,September, 1970
and pending on,the date of. commencement of the
Orissa Land Reforms (Second' Amendment) Act, .
- 1975 shall, if the land fprming the subject .matter of
the suit exceed.%the ceiling -area in- respect of the .
. . person who- is liable to submit. a return under
. ,

section 40-A in relation t ~ s u c hland, abate.] .

#-A. ( I ) Epery person holding land (which shall Submisioa
of mturru.
. . include lands transferred by sale, gift or otherwise or .
partitioned by him after the 26t'h day of ,September, .
. 1970) either as. land-bolder or rai'yat ' i n excess of
.presi6entvr theceiling area-at,the'commencernent of the drissa
Act NO.17 L
1973 and Reforn: s (Amendment). Act, 1973,. sha 1l, before '

t h e eipiry of ninety days-from such commencement, . 4

submit to the Revenue Officer,,.in such form and in

such manner as May be prescribed, a return iridi- '
catixlg the parcejs of,land which he, wishes to retain
and.the ' parcels of land in excess of the ceiling ared
(hereinafter referred, to as ''surplus 'lands'') and ,

-- furnish in tbe said returns such other particulars as - .

,

'iyay.beprescribed:
an3
, ,

provided that, a person who has made . '

transfer or ,effected any par tition in contravention ,

.

. of the provisions' of sub-secti~n(I.) of sstiop 40, .

shall" not have the right to indicate the parcels +

of land which he . wishes' to 'retain and the.. .

pkrGelsof land in excess of the ceiling area, but
shall have to. file &e return furnishing,the particulars . .

of 811 the lands held by him as aforesaid:

. .

1. Inserled by the Orism Land'Reforms (sfcond Amendment). Act, j975

(Or. Act 29 of 1976), s. 11. .
1.
 THBO w A LAND REFORM ACT; 1960 [Or Act; 16:

..
Provided fur.ther that where as a consequence of
the 'amendment of this Act by the Orissa hndOrissa '

Reforms (Amendment) 0rd inance, 1974, such person % ?$; ,

considers it necessary to submit a return or relised.

return, . such return - or revised .return shall be
submitted within thirty 'days from' the - date of . .
publication,of the said Ordinauk in the G a z t t e . ,

(2) In any case where rn the. date of submission . -

qf the retiirn under sub-section ( I ) , -
. . . '
. . - .
A

- (a) .any proceedings for resumption under .

A

Chapter'-111 or mutation proceeding . or, . -_ .

proceedings.for partition in a ,Civil Court
- . - . '[i'nstitu ted prior to the 26th day of Septe-.
hrnber, 197Ol'in respect of any land foiming.
subjectmatter of the return; or .
(6) any proceeding under section 57-A relating -- - ,

to a trust on who* behalf the'return has

. been submitted,
. .

.is pending, the person wbd has . su binitted, such -

return &ha1submit a revised' -retuig o n . the -basis of .
the -result - of such proceeding In accordance . &ith -
sub-section ( I ) 'rwithii thirty-days] from the date of-. '

issue of the cer6ficate under section .29 or,as'the

case may be, from the. date of final disposa1:'of-the .
'

.muiatioh ~roceedings, proceed jigs -for partition or .

:
.

proceedings under section 57-A after' the termination

of appeal, revision, or review,. if any . '[or from the :
datk of commencement of the Orissa LGd Reforins'
( S ~ o n d,Amendment) Act, 1 97.5 whicheves is. later]., -
- . . . . .
.

'[a-B. Where any person,-

. . . . -
:, . ( a ) being liabie to submit a : return Gnder
'

section 40-A, has failed to do so within

:- .
the period specified therein;
. . or . ,

.. . .

. .
: , .
... . ,

I . Inserted by the Orim Land Reforms (Wond Arn~dmmt) ~ c t .1975

(Or.Act 29 of 1976), s. I2 (a). . .

'
. .
3. Added by ;bid.,.s. 12 (c). .
 , - (b) has become 'liable to slibrnit a return under . .
section 40-A -as .a consequence -of the ,
'
amendment of this Act by the Orissa Land,
Reforms (Second Amendment) Act, 1975;
or - ,

- (c) considers if necessary to 'submit a' revised

. . return as a ~nsequende of such, amepd- . .
.
ment, ,

.. ' he shall submit .the return or revised retuin,,asthc

case may, be, in accordance with' the pro~isi,ons of. ,

.iliat sec,tion within thirty days from the. .commence-

. . .
ment ofthesaid Act: . . , . I
. ,
I
I
- .Provided that persons agaihst whom roceedings
'

under section 43 have been-initiated; by t e Revenue

, 0ffi~ionhisn~nrnotion;shatl.notbeboundtofile
g '.-
'

. . as requied by this section:]

any return
, .
.
. .
I ..
. proirided furiher that a revised mta& if Hedr
. . by a perion after coafirmition of.the draft statement
. - .inrespect of his lands under sub-section ( I ) + ' o f
section 44, shall ndt be taken into consideration.] . .. . I
..

@*, -I
+ ,
. .
, .
'
41. The '&urn referred to' in, section 40-A '[or
section40-B] shalI~be'submitted- , . . .~ubrm*
. !
'.

.- ..
(~)inthecaseofanifidividual,bytheindividual
' , or his guardian if he is n minor;
I
.
.
. , -

. (2) in the caseof a family, by the head of the , .

. . family or aW member thereof or ..by all ,the members .,

jdintly: :
'Provided that if more tha.n one return is filed in'
'

' respect oFfhe.same family all such returns shall be

takenup together for consideration; and
(3) in any other case, by an individual competeat
to actoabdalfof the person by,whom the ,return ,
.
. i
, . is to be submitted. ,
b.

-
.
1. Inserted by ht Otissa U n d RFCorms (Second' Amdmcnt) ~
[Or. Act 44'of, 176). s. 5. '
~ ,976
t ,
I

I
'

. . 2'* ~~ by the eLand RettWs &mid

<Or.Act 29 of 1W6),s. 14.
Amendmpt) A C ~ ,1975
 300 ' T m O ~ S LAND
A ~ O R M ACT,
S 1360 [ Or. Aot 16
(Secs. 42-43)
Fail u r e 16 . 42, 'If any person required to submit a. return
submit retutp
10 e n d rm under section ' ~ 4 0 - Q 2 ~section
or 40-B] , fails to do
f e i t ~ r eof
claim. - . so cr submits a return which he knows or h a s reason
to believe t o be false in respect of all or any .of th€
material particulars,. the Revenue Officor may o btair, ,

the necessary information through such agency .as he

may consider proper and .shall thereafter proceed to
prepare and publish the statement conternpIated under.
section 43:
Provided that the 3[ainountJ.payable for ,the lands
, declared to be his surplus lands in accotdance with .
the 'provisions of section 44 shall be 4[fifty'percentum]
of the amount which he would have beeri entitled. .
to *hadhe submitted a correct 'pturn under section.
't40-AJ2[orsection ,40-8] .
, ,

Prepatst io t~ 43. 11 The Revenue Officer on. receipt of the

E;,P. a!1
drart state-
iw d
return un er subisectiop (1) .of seotion '[40-AJ '6[or
under section .. 40431 after considering d l relevant . ,-
merit shor~ing
ceiling and materials available to him and the selection made. by
~ . person concerned '[having a right to do Gj under .
~ U I P I U P I ~ ~the
.the said sub-sectioh of the 'lands to be retained by' .
hiyo. '[and .after consulting the local committee if anyd . .
shaIl 'record . his findings in a draft . statement .
. ~howing-
9[(a)the totat area of Iand held by the person as
. . a land-holder or as a raiyat -and the class to ,which
each plot of the land belongs;
- > '

1. Sutstitutcd by t h e -0risse -ad Reformq (Amendment) Act; 1974

( O r . A t t 9 o f 1 9 7 4 ) , r ; . ~ S ( u ) f o r " 4 0 " m d , W l t h Presidcot'sAct N a U . . .
of 1973 cnrorced from the 2nd Octber 1973.
2. Tnsertcd by the Orim Land ~ e f o ~ s ' ( ~ e c oAmendment)
nd Act, 1975
(Or.Acr 29 or 19761, s. IS.
3 . Substit.uted by the O-iissa Land Reforms (S-bd hendment) Act,
1976 (Or. Act 44 oE.1976), s. 6. ,

4. ~ubstjt&d by thc Orissa Land Rcformr [Amendment) Act, 1974 (Or.

Act 9 of If)i4), s. 15 (b), w . e. f. 2nd Oktober, 1973.,
5. Substituted by ibid., 5. 16 (a) (i):
6. Inserted by the Otissa Land Reforms (Sccpnd ~mendment)Act, 1975
!or. Act 19 of 1976). s. 16 1b).
7.Substituted by the Orissa land Rciorms (4mendment) ~ c t ,1974 (br.
Act 9 of 1974). s. 16 (a) (ii), u'. e. f. thc 2nd October, 1973.
.
8. &rle
4
by the Orissa W d, qcfnrnu (sciond Amendment) Act. 1975
(Or. Act 29 of 976), s. 16 (a). . .
9. subsutu&d-by the Orlssa Lnnd Ref~rrns(Ameaiiment) A d , 1974 (Or.
Act 9 of 1974:: s. 16 (a) (iiT),w. c. f. the 2nd Octobcr, 1973.
d -Em1 THE ORISSALAM) REFORMSACT, 1960

(b) the surplus area;

(c) the specific parcels of land to be retained by
the person and the total area thereof;]
(d) the specific p a r d s comprising the surplus
lands under clause (b) ;
(e) lands if any exempted under section 39 ;.
and
df) such other particulars as may be prescribed :
Provided that no part of the lands held by a
:Comp$ny or any other corporate body of which the
pee n..concemed may be a member. or share-holder
%&i# be shown as surplus lands in respect of 'such
person,
(2) ,Subject to the rules +made in that behalf,
:the draft statement under sub-section ( I ) shall ba:
-published inviting objqctions from persons- interested
and the Revenue Offimr after hearing the objectibns, - ,

if' any, received within thirty days of sych pub&=-

fion and making such emuiries as he deems deoessary
[and after consulbng the local committee, if any1,may-
by order recording his reasons in writing alter or
amend all or any of the particulars specified - in the
draft statement:
Provided that in cases where a revisd return .
is due to be submitted under sub-s~tion(2) of section
'[40-A] 3[or under sectic-n 40431 the Revem' Officer
shall prepare the draft statement under sub-section
( I ) after consideration of such return, if any.
44. ( I ) On the termination of the proceedings .Fml~ ofita*cob
I
under section 43 the Revenue Officer shall by ordm l i,and SUP
the draft statement wiQ such alterations or plur-lmk
d e n b e n t s a s may have been *de therein under.
the said section.

1. ~nsertedbythe Orissa Land Reforms (Sebdnd Arncndrnent) Act, 1976

(Or.Act 44 of 1976), s. 7.
2. Substituted by the OrIssa Land Reforms (Amendment) Acf. 1974 (Or
Act 9 or 1974), s. 16 (b), read with Praident's Act NO. 17 of, 1973, enforced
from the 2nd October 1973. for "40".
3. lmcrted ky iyhe Orissa Land Reioims (Second Amendrncnt) Ad. 1975
(Or. Act 29 of 1976), s. 16'(b).
 [ Or. Act 16

I
[(2) An appeal against the order of the Revenue
Officer under sub-section ( I ) confirming the statement,
if presented-
(a) by any person aggrieved by the order
within thirty days from the date of the
order; or
(b) by the State Government within sixty days
from the said date,
shall lie to the prescribed authority.]

(3) The draft statement as codmmed or as modi-

fied in appeal 2 i ~ revision],
r if any, shall be published
by the Revenue ORcer in such m ~ n n e raqd for such
period as may be prescribed, and on the expiry of the
said period the statement shall be nnaI, and conclusive,
a copy whereof shall then be furnished to the person
concerned free of cost and another such copy to such
authority, if any, .asmay be prescribed.
D~l~Qtion 3[44-A. (I) Where a declaration made under
57-A to
undei bu section 57-Ain relation to a trust is produced before
=&Ion
roduad theRevenueOfficerbytheconcernedtmstee at any
lisailon of time before the statement in respect of such trust has
statrrncnt. become final under sub-section (3) of section 44, all
proceedings relating to the fixation of ceiling and
determination of the surplus area in respect of such
trizst shall abate.
(2) Where the concerned trustee has given
tog t h Rtvenue Oficei p r i x to
intimation i ~ !~ T i t i ~
the finalisation of the said statement about the
pendency of proceedings under section 57-A relating
to atrust, all proceedings relating to the fixation of
ceiling and determination of the surpIus area in
respect of such trust shall abate and any action taken
in mrtherance of such proceedings shall be of. no
effect.
(3) A declaration as aforesaid which is
obtaingd or produced before the Revenue Officer

i Subsiii;!led I,! zlic t;r~ss:!L:\r!d ReForms (Sccon~l rimendmrnt! Act,

!:I:? !Gr. -*.ci ?9 oj 19761, 5. I T (a).
/
i . i!..tr*cd by i/ri,t. 5. Ii :61.
,? I n s r ~ t ~h!d the Orissl Land Reforms rSecar!~~ l l ~ n 19%
~ \ t r ~ i ~ ~ ( ! ~Act, t)
{Or. Act JJ t'li Im?7fi),5. S.
after the statement in respect of the concerned trust
has become h a 1 under sub section (3) of section 44,
shall, except where 1he concerned trustee has given
intimation in writing to the Revenue Officer rior to
the finalisation of the said statement a out the g
pendency of roceedings under section 57-A, be of
i
no effect w atsoever in so for as the proceedings
under this Chapter are concerned.]
45. With effect from '[the date on which the sutpldaqdl
statement becomes final under sub-section (3) of
section 441 the interests of the person to whom the
surplus lands relab and of aU land-holders mediately
or immediately under whom the surplus lands were
being held-shall stand extinguished and the said lands
shall vest absoltitely in the Government free from '

aII encumbrances.

'[45A. ( I ) It shall be the duty of the person DeIfwrof

posses on
in possesion-of the surplus lands to deliver ossessioa of
Kze
thereof to the Revenue Officer within fi -n days .-r
from the dat6 of vesting of the lands in the Govern-
sarplus

ment or, if there be any standing crop on the land

on the said date, within fifteen days from th0
harvesting of such crop, whichever is later ; and,the
Revenue Officer shall take over possessibn of the
land on behalf of the Government.

(2) If possession is not delivered in accordance

with the provisions of sub-setion (lthe- ), Revenue
Officer may, by an order in writing direct the person
in possession of the surplus lands to deliver possession
of such lands within seven days from the date of
service of the order on him to such person as may
be specified in the order.

(3) If the person in possession of the surplus

lands refuses or fails. withbut sufient cause to
comply with the order issued under sub-section (2),
the Revenue m c e r may take possession of the
land and may, for that purpose, use such force as
may be nw'ssary.J
1. Subdltuted by the Odssa Land RcTorms (Semnd Amadmtnt
Act, 1975 {Or. Act 29 olS976). 5.18.
2. Inserted by ibid., s. 19.
 [ Or. Act 16

h d s escap-
ing ceiIIng
[4S-B. ( I ) If at any time within six years from
proceedings the date of finalisation of the statement under sub-
tovestafdng- section (3) of section 44 relating to any person
. with surplns
landsalready holding land in excess of ceiling area, it is found
vested. that some more lands held by such person have
escaped inclusion in the above statement due t o any
reason whatsoever, the Revenue Officer may, after
giving the person an opportunity of being heard
and after making such enquiry - as he deems -proper,
declare in the prescribed manner, the whole or -any
part of such lands as are found to be held by the
person ta be surplus ],and in relation to him.
(2) AU iauds declared to be swpius hnd under ....

sub-section ( 1 ) shall be deemed to -have. vested in

the Government free from all encumbrances along-
with the surplus Iands mentioned in the aforesaid
statement and the provisions of sections 45, 45-A
and 46 t o 61 shall, so far as may be, apply to the
lands SO vestd :

Provided that the amount payable in- respect

of the interest of the erson to whom the surplus
. %
lands relate shall be su ject . to reduction at the
. following rate:-

Rate of reduction
(i) .where the land was Fifty-Eve per centum
in occupation of the .
person for a period
not exceeding one
year fron the date
of halisation of the
statement under sec-
tion 44 (3),

(ii) where the period of Fifty-five per centum

. .such occupatim
. plus five per centurn
exceeds one. year, - for each yesir or part
' thereof h excess of
, . one year.

1 . Inserted by the grissa Land

'
Rerorms {Second Amendment) A C ~1976
,
(Or. Act 44 of 1976). s. 9.
 (3) Without prejudice to the provisions of
'section 39, the tlansfer of any land declared to be
,surplus land under sub-section ( I ) , by sale, gift
or otherwise or the partition thereof, made or effected
.after the date of Walisation of the statement under
sub-section (3) of section 44. shall be deemed to
be void.]
46- As soon as .may be after the date of the PI h-
aforesaid final statement the Revenue Officer shall
-'Fz&:
2[dgtermine under section. 47 the amout payable by
Oovetnment in respect of the su'rplus lands] and
after deducting therefrom all rents, m n u e s , wsses,
x*s and other dues pa~ableto Government in '

-respect of the h d apportion the same in accord-

ance with the 3 [ q Assessment Roll publishad under
.&ion 49 ktrrrwn the persons inte~setd.
47. ( 1 ) he 5[amount] in respect of the interest PtoKdcteimlmr
~ O ~ ~ I -H
of the IandhoIders mediately or immediately under 4 lamount.]
whom the surplus lands were being held as a land-
holder or raiyat shall be fifteen times the fair and
equitable rent.
(2) 6[The 'amount] in &spet of the interest of
the person to whom the sul'pIus lands relate shall be:
the aggregate. of the following:-

of the market value] of ..

@) ?yfifty percenturn
tanks, wells .and of srructura of a p e m -
. [b) fifty peranturn of @e market value ] of
trees standing on the land ;and

1 . D t j c ~ e d by the Orisa Land Reforms (Amendment) Act. 1976 (Or.

Act 30 of 1976). s. 4 (a).
2 . Substituted by Ibid., s. 4 (6).
. 3 . Deleled by ibid...s. 4 (elc).
.

4. Subdituted by Ibld.. s. 5 {a).

5 . Subslituted by ibid., s. 5 (b).
4. Substltutd bihid., 5. 5 {c) (i].

7,. ~ u b s t i t u ~byi the Orissa Iaud Reforms (Amendoteor). Act. 1974 (Qr-
Act9 of 1974). s. 17 (a).rradw1th President's Act No. 17 of 1973, enforced
Srdm the 2nd October. 1973.
 305 LAND REFORMSACT, 1960
THE ORISSA Or. A a 16
(Secs. 48-49)
1
[(c) value of land t o be determined in the
following manner, namely :-
Extent of surplus land z[ Rate of amount1
(i) For the first ten Rupees eight hundrsd
standard acres. per standard acre.
(ii) For the next ten Rupees six hundred per
standard acres. standard acre.
(iii) For the next ten Rupees four hundred
standard acres. per standard acre.
(iv) For the rest . . Rupe". two hundred
per standard acre.]
Explrmation-Zn determioing the market value,
the Revenue Officer shall, as far as practicable, be
guided by the provisions contained in sub-section ( I ) , orlSPc
of section 23 of the Land Acquisitidn Act, 1894.

pltparation 48. ( I ) After the determi&on of the amounts

cadon of under s&tion. 47 and after ascertaining in the
2Wtk n tprescribed manner the dues ~ayable to Government
spe-qified in s d o n 46 the Revenue Oficer shall
..

ROU prepare ' and publish in the prcmibed form

'
and
manner a draft 3[s] Assement Roll iavitigg claims
and abjections from persons interested, . and' after
hearing such claims and objections, if any, received
within sixiy days of such publication dispose of
the same in accordance with the provisions of this
Act and the rules made thereuader,

(2) An appeal, if preferred within .thirty diys

from the date of the order unde? sub-section ( I ) shall
lie to the prescdbed authority.
F ~"[*II
49. (1) When all Such daims,. objktions and
-
A~~~~
Roll.
appeals are disposed of the Revenue Ofher shall
.
1 Substituted by the Orissa h n d Reforms (Amendment) Act, 1974 (or-
Act 9 of 1974), s. I7 Cb). readwith Pmidents Act No. 17 or 1973, enforced
from the 2nd October. 1H3.
I '

2: Subaituted by the Qdssa, Land Rslorms (Amendment) Act, 1976 (Or.

Act 30 of 19763, s. 5 (c) (li).
. 3 Deleted by Qe O r k u Land Relor,ns (Amendmtnt) Act. 1978 (Or.
Act.30 of 1976)- s. 6.
4 . D4etBd by the Orlssa Land ~ e f o r m r(~rnendmcnt)Act, 19-76(Or- -
Act 30 of 1976). s.7.
 after making such alterations in the draft I[*]
Assessment Roll as may be necessary to give
effect to any order passed under sub-section ( I ) or,
as the case may be, under sub-section (2) of section
48 cause the Roll so altered t o be Gnally published
in the prescribed manner, and on such publication,
, - the Roll shall Gecome h a 1 and conclusive.

Ex~la~rartbn-The amounts payable in respect of

the land-holders spec5ed in sub-section ( I ) of sec-
tion 49 shall respectively be shown in the AssessmenO
RolI in proportion to the rent that each such la&
holder zeceives in respect of the land.
(2) Notwithstanding anything in sub-section ( I )
any arty aggrieved by any entry in the Roll relating
to 4e rate of apportionment of any amount as
between the holder of an encumbrance referred to in
szction 45 and 'the person liable to discharge the
same, may apply to ,the Civil Court of competent
jurisdiction within ninety days from the date of
publication of t h e RoU, under this section for
establishing his claim in respect of such rate and
the decision on such application, if any, shall be
m:
Provided that no such proceedings shaU be
maintainable against Government or the Revenue
Officer or the authority prescribed under sub-section
(2) of sectioh 48; nor shall any of them be deemed
to be necessary of proper party to such proceedings.
[SO* Theamount ',[*I determined in accordance [>armcotaf
with the foregoing provisions shall be payable or^'^^‘'^"'^^
and from the dale of delivery of or !a xirig over posse-
ssion of the surplus lands in such m g d e as may be
prescribed and interest shall accure on the unpaid
3[balance of tho amount] a t the rate oC tvro and half
percenturn per annum.]

1. meted by the O d m mad ReTotms (Amcndrncal) kc!,1976 (Or-

1P76), 9.7.
Act 30 of

3-~ubstititutedby the Orissa h d Rsforns (Amendment) k t . 1976

(or-ACI 30 of 1976).S. ate).
 308 O ~ S SLAND
A REFORMSACT, 1960 ' [ Or. Act 16

Settlement '[51. (1) Seventy percenturn of the surplm lands

of surplus
land. vested in the Government under section 45 shall be
settled with persons belonging to the Scheduled
Tribes or Scheduled Castes m 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 where the population of the
Scheduled Tribes and Scheduled Castes in a village
exceeds seventy per cent of the total popuIation of
that vilIage, the percentage of lands to be reserved for
persons of.the said communities shall be equal to the
percentage of their population :

provided further that if suf5cient number of

persons belonging to the aforsaid categories are not
avails ble in the village in which the h d s 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 pqrsons :

. Provided also that the Collector of a district

may, with the prior apprpval of the Government,
set ,apart any of the said surplus lands for being
util~sed for any public purpose, other than the
purpose of cultivation, and thcreupon thc remaining
surplus Iands shall be scttled in accordance with the
provisions of this section.]

(2) Notwith?tanding anything contained in the

Orissa Governimnt Land Setdement 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 folto wlng
categories of persons and in the following order of
priority, namely :-

I
.
1 ~"bstituted by the O r i w Land Reforms (Amendment) Act, 1974
(Or. Act 9 OF 19741, s. 18, rmd wllh presidcnl's Act No. 17 af 1973, enforccd
from the 2ndOctobtr 1973.
2 . Substituted by tbe Orissa Land Reforms (Second Amendmcat)
Act, 1976 (Or.Act 44 of 1976). s. 10.
 (a) Co-operative farming societies formed by
landless agricuIturaI labourers;

(b) any IandIess agricultural labourers of the

village ifi which the Iand is situate or of
any neighbouring village;

(c) ex-servicemen or members of the Armed

Forczs of the Union if they belong to the
village in which the land is situate;

(6)raiyats w h ~
personally cultivate not more
than one standard acreof contiguous land;
and
(e) in tbe a bsmce of persons belonging to any
of the foregoing categories, any other
persons.]'

l[52. The foregoiq~ provisions - of this Chapter fuluro rcqui-

m
shall, mutatis mutandis, apply where lands acquired. ,ttioas,
and held subsequent to the commenaiment of the
Mi-**
Act No. 17
Orissa Land Reforms ( Amendment ) Act, 1973'by
1973. any person through inher i tan-, bequest, gift, fami 1y
settlement, urchaae, ,lease or otherwise, together
B
with the Ian s held by him at the time of such
acquisition exceed the wiling area:

Provided &at the return required under section

40-A shall be submitted to the Revenue Officer within
ninety days from the date of such acquisition:

Provided further that where an a plicatian

under section 57-A has been made on beha of such
person within the aforesaid period of ninety days, the
P
return required under sektion 40-A shall submitted
to the Revenue Officer within ninety days from tbe
date of final disposal of the prooeedings under
section 57-A.

.
1 Snbstituted by the Orissa Land Reforms (Amtndmont) Act, 1974.(0r.
Act. 9 of 1974). s. 19, read wtth Pddtot's Act No. 17 of 1973, enformd
from tbe 2nd October 1973.

( 24 LBw-~~)
 310 TEIBORISSALANDWORMACT,
S 1960 [Or. Act 16

ExpZarzation I-If, as a result of irrigation

facilities provided '[by the Central Government, the
State Government, any local authority, any Gove-
rnment Company as defined in section 6 17 of the
Companies Act, 1956 or any statutory body or
corporation] to a person after the commencement of
the Orissa land Reforms (Arnendment)Act,
1 973, any land falling a t such commencement, President'*
within Class 11, Class III or Class IV,falls, subsequent %
:;: : l7
to such comniencement, within Class 1or CIass 11, 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 irrigation facilities, shall be deemed
to have been acquired and held by such person after
such comrrencement.
Explmzution II-Homestead lands which have
been kept Cut of account in determining the ceiling
area in respect of any person shall, on ceasing to be
used as homestead land after the corn me: cement of
the Orissa Land Reforms ( Amendment ) Act, 1973, Pr-idcat'#
be deemed to have bee11 acqcirea and held by him Act No 17
1913.
with effect from the date on whish such lands have so
ceased to be used as homestcad lands.] 1

CHAPTER V
~ ~ s T R A . T I~.IACKINERY
W ~ FOR IMPLEMBNTATXON
OF LANDREFORMS
Cotlstltutjm
of L a n d 53. (1) The Government may, by notification,
--one constitute a Land Commission for the purposes of
this Act.
(2) (a) The Commission shall consist of seven
members of whom three shall be officials and four
noa-officials to be nominated by the Government.
I

--
1. Subst~tutdby t b t O r l w Land R c f o m (Second Amcadmeat) Act,
1975 (Or.Act 29 or 1976), s. 21.
 They shall '[,unless the Commission is sooner reconst i-
tuted,] hold office for a period of thre.e years from
the date of appointment-
(b) The Land Reforms Commissioner shall be
the ex-oficio Secretary to the Land Commission.
(c) The Government shall nominate one of the
members to be the Chainnan of'the .Commission.
(3) The Commissipn shall have power to co-
operative members for special purposes.
(4) The proceedings of the Commission shall be
conducted in such manner as may be pre,sccribed.
5 4 The Commission shall review the progress of ~unccions ,

land reforms from time to t h e , publish report at Lana

least once a year and ,shall advise Govement in
matters relating to Lasd Refbrms.
55. ( I ) Tfie Government may constitute for eacn O~stitution
district a District Execdive 'Coimittee. The said of Distriot I
Committee shall consist of three members of; whom - .
the,Coliector of the district shall be'one. The two -PmmittCO
other members shall be non-officids to be nominated
by the Government [who shaU,.unless the Committee
is sooner re-constituted, hold o E e for a period of
three years].
(2) The Collector shall b e the Chairman of the
District E~ecutiveComini1tee and shall appoint a
.Revenue Officer to act as the Secretary of the
- Committee.
'[(3) The Government -may constitute local com-
mittees for different areas of the State.

I. laserted by m e o r b and Reforms (second Amendment) ~ c t ,1976

{Or. Act 440f 1976), 8 . 11.
2. Added by the Oflssa Land Rdorms (Second Amendment) Act, 1975
(Or.~ c29tof 1976), s. 22 (a).
3. Substituted by the Orlsa h a d Reforms (Amendment) Act, 1974 (Or.
Act 9 of 1974j, s. 20, read with President's Act No. 17 of 1973, enrorced from
i h e 2nd October 1973.
4, Swrttd b;:the O h a Land Reforms (Second Amendment) Act. 1975
(Or.Act 29 of 1976), s. 22[bl.
 THEORISSALANDWORMS
ACT, 1960 1Or. Act 16

(4) The constit mion, term of office, powers and

functions of the locaI commiftee shall be as may €E
prescribed and the business, of the Corn mittee shall
be conducted in the prescabd manner.]
Fmctinfis of 56, The District Executive Comdttee shall review A

the District
Ewtivb the progress of land reforms in the district.
Commitlet.
ccrt~=tc of
dimbility.
[56-A'[(I) A penon under disability specified in
sub-clauses (a),(b)or (c) of clause (211of section .2 may,
subject to the rules made in that behalf, apply for a
certificate specified in the prayis0 to that clause to
the Revenue Officer.]
(2) O n receipt of such application Cthe Revenue
Ofiwr], shall give the person concerned or his
guardian, if he is a minor or of Unsound mind an
opportunity of being heard and may after making
such enquiries4[as he may deem fit], either rcjcct
the application or issue a certificate to the effect that
such person is incapable of cultivating his land
personally :
Provided that if no orders are passed on such
application within thirty days from the date of its
fding the application shall be deemed to have been
,rejected.
(3) The application under sub-section ( I ) and
the certificate to be issued under snb-section (2) shall
be in the prescribed form and the application shall
be accompanied by the prescribed fee, ]
Cance\latIob '156-8. ( I ) If tbe Revenue Officer, on application
OT w ~ f i d o
diibilILy in that behalf by a tenant cultivating land under a
and iE person who is a pmson under disability, is satisfied
seqwces-
that a certificate under section 56-A was obtained by
such person by fraud or by misrepresentation or
suppression of any material fact, he may, after giving
the tenant: and the person an opportunity of being
heard, cancel the certificate.
1: Insertedby the Orism Land Reform (Amendment) Act, 1965 (Or.
Act 13 of 1965), s. 10.
2, Substitotad by the Oris- Tand ReForms ( S w n d Amendment) Act,
1975 (Or.A c t p of 1976). s. 23(a).
3, Substirufed by the Orissa Land.Relorms (Second Amendmat) Act,
1975 (Dr. Act 29 or 19761, s. 23 jb) (I).
 ?'aORISSA~ N P Am,'
WORMS 1960

(2) On cancellation of the certificate, the - Reve-

nue ORcer may, on an application made in that
'behalf by-the tenant within sixty days,from the date
of such cancellation and after giving the parties inter-
ested - an opportunity of being heard, declare the
whole of the land to be non-resumable and determine
the fair and equitable rent and the compensation
payable by the tenant in respect of the land in accor-
dance with the provisions of,section 28 and no such
determination the provisions of sections 29 to 33
(both inclusive),. 35-A and 36 shall, so f* as may be,
apply.I
57. (1) The Revenue Officer shall have the samep,.,., ti
powers*in making enquiries unddr this Act as are gE2
-vested in Courts in respect of the following matters
5 f. under the Code of Civil Procedure, 1908, in trying a
1908- suit, -namely :-
.(a) admission of evidence by adavits ;
(b) s~mmoningand enforcing the attendance
of any'person and examining him on qath;

a
(c) corn eWg the prodilcfim 'of documents;
an
(d) any other matter that may .beprescribed,

[(Z) The Revenue Officers and other authorities

shall have the power to award costs in proceedings
before them in accordance with rules made in 4

that behalf' '

provided that if an appellate authority is satisfied

that any appeal has been pnferred on friv01oWi
grounds, it shall award such cost as it deems nt, the
amount of which,shaIlnot be less than fifty' rupea
and more than five hundred rupees;] - .

(3) The - pocedure to be followed by thq

Revenue Officer in holding enquiries or in!the matter
.
of execution of orders passed under QhisAct &all ba.
as inay be presaibed;

f. Substliuld by tbc O w Land Reforms (Second Amendm-t) Act

1976 (Or. Act 44 ol1976), s. 12.
 314 LANDREFORMS
Tm ORISSA ACT, 1960 [ Or. Act 1 .

( Sec. 57-A)
Constitution I I 57-A.( 1 ) The Government may, by notifica-
of Tribunals tion in the Official Gazette, constitute one or more
,;, ,,,
and declara-
Tribunals having such local jurisdiction as may be
to bt rot'gi- specified in such noiification for the purpose of sub-
ous or cha-
Iitabrc ckuse (e) of clause (24) of section 2.
of a public
nature. (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 Subordioate Judge.
(3) Any trustee or trustees desiring to get any
trust declared to be a religious or charitable trust of
a public nature under su b-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.
'[Provided that no application under this sub-
section shaU be maintainable if,-

(a) it relates to a trust which has been created

and esfabiished after the 26th day of
September, 1970; or

(b) it is fled after the date of. expiry of a period

of six mont bs from the date of commence-
ment of the Orissa Land Reforms (Smnd
Amendment) Act, 1976:

Provided further that nothing in clause (a) of the

preceeding proviso shall affect any declaration made
prior to 'the date of commencement of the Orissa
Land Reforms (Amendment) Act, 1976.1
( 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 thai. no order r e f u s i ? ~t o make such
declaration shall be made without glvrng an opportu-
nity to the trustee or trustees o f being heard in the
matter.
- .
I

I . Inserted by the OrIssa Land Rcforms (Amendmeno Act, 1974 (OL

Act 9 of 1974). s. 21, read with President's Act No. 17 01 1973, enforced from
the 2nd October 1973.
2. Inserted by the Orlssa Land Reforms (Second Amendment) Act, 1976
(Or.Act 44 of 19761, s. 13.
 (5) The Trib~nalshall, while holding an inquiry ,

under this sccticen, have 211 the powers of a Civil

Court while trying asuit under the Code of Civil
Pr~cedvre,1W8, in respect of the following matters,
namely:-
(a) summoning and enforcing thc attendance
of any person and examining him on oathj
(b) requiring the discovery and production of
any document;
(c) reception of evidence an affidavitsj
(dl requisitioning any public record from any
court or office ;
(e) issuing cornmissic-n for examinnt b n of
witnesses.
(6) The Tribunal s h i v have FdWer to regulate
its own procedure.
(7) The Tribunal shal!. as fzr a i may b': pract i-
cable, d~sposeof an applic~tion ma& under this
section within a period of six months from the date
of receipt oP such appiicalion.]
'

'[57-B.( I )
If the Collector of the district on his cases
Kefcreneof
i
own idforrnation or on receipt of information from ,t of
any soulre whatsoever, is of opinion that t hare are F;~Y;;Y$
circumstances to indicate that in respect of any trust la c,~l,t,,.
or other institution which is a privileged raiyat
within the meaning of sub-clause (c) of clause (24) of
section 2,-
(a) return of the accounts of such trust or
other institution has not been periodically
furnished or Iands beIonging to the trust
or other institution have been alienated
ox encumbered without the previous per-
mission of the authority prescribed in
that behalf, at any time prior to the
commencement of the Orissa Land Refoms
President's (Amendment) Act, 1973 ; or
Act No. I7
aC 1973.
(h) the trust or other institution has ccascd
to provide benefit to the public,
he may make an application to the Tribunal cons ti-
tuted under section 57-Afor a declaration t hat such
trust or other institution has ceased to be a privileged
raiyat.
f - Inserted by ihe Oris= 1-and Reforms [Semnd Amcndrncnt) Act, 1975
(Or.~ c29t of 1976), S. 25.
 LANDREFORMSACT, 1960
THEORISSA [Or. kt 16

(2) On receipt of an application under sub-

section ( I ) the Tribunal may, after making such
enquiry and in such manner as may be prescribed,
by order, declare the trust or other institution to
have ceased to be a privileged raiyat :
Provided that no such declaration shall be made
without giving .an opportunity to the trustee or
trustees or the person in charge of management of
the trust or other institution, as the case may be,
of being heard in the matter.
(3) The provisions contained in sub-sections (3,
(6)and (7) of section 57-A shall apply to an inquiry
held under this section in the same manner as they
apply to inquiries held under that section.
(4) On a declaration being made under sub-
section (2), the Revenue Officer may, on an appli-
cation in that behalf by any tenant cultivating any
land ubder such trust or other institution field
within sixty days from the date of the order made
under the said sub-section and a f k r giving the parties
interested an opportunity of being heard, declare
the whole of tbe land in cultivation of the tenant
to be non-resumable and determine the fair and
equitabIe rent and the compensation payabIe by
the teaant-in respect of thc rcUuin accordance with
the pkovisions of section 28 and on such determina-
tion-the provisions of sections 29 to 33-jboih irl~lusive),
35-Aand 36 .shall, so far as may be, apply.

(5) The trustee or trustees or the person in-

c k g e of management, as the case may be, of the trust
or other institution in respect of which a declaration .
i s made under sub-section (2), shall, if the lands
held by it on the date of the order made under the
said sub-section exceed the ceiling erea, submit a
return in accordance with the provisions of
section 40-A wrth~n ninety days from the said date
and the provisions of Chaptev IV shall, so far as may
be, apply to the lands so held.]
 [58. (1) Any person aggrieved by an order
1

passed under any of the following sections may

prefer an appeal to the prescribed authority, namely :-

Sections 4, 9(4), 10, 12121, 15, 16, 17, 18, 19(l)(c),

20, 21, 22(I), 2[22-A(5$, 23(2), 23-A], 27, 28,
'[34-A, 35,3 4[36-A,] '136-C, 42, '[ 45-B(l) 1, 52,
56-A, '56-Band 57-B(4).1
(2) The y c e d u r e for filing and disposal of
appeals shall e as may be prescribed.]
'[(3) Any tenant aggrieved by an order passed
under section 27, section 35 or section 36-A (other
than an order dismissing the case for default or non-
prosecution) prior t o t be date of commencement of the
Orissa Land Reforms (Second Amendment) Act, 1975
may, if he has not preferred an appeal as provided in
sub-section ( I ) , prefer the same within one year from
the said date.] . I

'E59. (:) n e prescribed authority may, on appli- RBvision

cation by any party asgrieved by a y order passed
in an appeal under any provision of this .h.ct filed
within the prescribed period, revise such order.

I. Substituted b y the O r i w Land Refarms {Plmcndrnent) Act, I965

(Or.Act 13 of 1965),,s. 11.

2. Substit~ttedby thc Orissa Land Rerorms (Arnendnlent) Act, 1976

(Or.Act 44 of 1976), s. 14 (a).
3. Inserred by the Orissa Land Reforms (.\mendment) Act, 1969 (Or.Act
13 of 1969), s. 3.

4. Inserted by the OrIssa Land Rcforms (Amendment) Act, I974

(Or. Act 9 of 1974), s. 22, w. e. I.thc 2nd October 1973.

5. Substltutrd by the Orissa Land Reforms (Second Amendment) Act,'

1975 (Or. Act 29 of 1976), s. 26 (3).
. ,

6. Insertcd by lhc Orissa Land Reform (Amendment) Act, 1976. (Or.A a ,

44 or 1976). s. 14 (b). I . %.

7. ldrcricd by ~ h cOrirra LaRd Relormr (Arnendmenr)\~\~t, 1975

(Or.ACI 29 of 1936). s. 26 (h).
8 . S ~ b s r l r ~ ~byc ibid.,
d S. 27.
 ORISSALANDREFORMS
ACT, 1960 - [ Or. AO( 16

(2) The Board of Revenue may, at any time on

being 'moved in that behalf by the Collector of a
district or by the Land Reforms Commissioner, revise
any order passed by any authority under this Act.

(3) For the purposes of revising any order, the

I prescribed authority and the Board of Revenue shall
follow such procedure as may be prescribed and shall
! have power to call for and examine the records of the
rt
i proceedings wherein such order was passed and t q
1 pass such order as they deem fit: ,

Provided that no order under this section shall

. be passed without giving the parties concerned a
I reasonable opportunily of being heard .]
i R ~ V ~ W 60. '.[(I)] Any order passed under this Act may,
after notlce to all persons interested, be reviewed by
- the officer who made the order or his successor-in-
ofice.on the ground of any clerical mistake or error
in course of any proceeding under this Act.
2
[(2) Without pi-ejudiceto the.provisions of sub-
section ( I ) , where the appellate authority, on application
filed by the concerned party within two years from
the date of finalisation of a statement under sub-section
(3) of section 44 or within sixty days from the date of
the appellate order, whichever period expires later, is
satisfied that any land, has keen included i n such
statement in contravention of any provision of this
Act, ha may modify the-orderpassed by the Revenue
Officer under the said section :

Pravided that no such modification shall be made

without giving the parties concerned a reasonable
opportunity of being heard:

Provided further that no such modification shall

be made if-- .

(a) an application for revision under section 59

is pending, or
I'

(b) an order has been passed under that

/
section.]
1-Re-numkrcd by the Orissa Land Relbrms (Arntndmrnt) Act, 1976
(Or.Act 44 of 1979, s. 15.
2! Inserted by Ibid.
 61. Any order passed under any of the provi- orden to
sions of this Act shall, subject to any order passed
in appeal or revision as the case may be, be final
and shall not be called in question in any Court of
law.-
62. Notwithstanding anything contained in the f i ~ - f a
kt a f ? * ~ Court-fees
~ Act, 1870, every petitioh or application or
memorandum of appeal under this Act 'shall bear
Court-fee stamp ,if any of such value. as may be pres-
cribed.
63.'[ ( I ) The State Government may, by naifi-umiuron. I
cation, from time to time, for sufficient redsons, i
extend the eriod of limitation pro~idedunder the-
2'
second pro iso to sub-section ( 2 ) or -the second
proviso to sub-sect~on ( 5 ) of section 4 or under
I
section 36-A by such further period as they deem
pro,per, so, however, that the total periord of
extension shalI ,in no event 'exceed two years. 1 '

.2[(2)] Every -appeal or applidation for ievision

under this' Act udess speciiically provided elsewhere in ,

the Act shall be filed, 3[withina period of thirty days]

from the date of the order against which such appeal
or revision is preferred. The provisions of sections
AS^ 11 of 4, 5, 1.2 ~d 14 of the Indian Limitation Act, 1908,
y8. shall apply to the filing of such appeal,or application
for revision.
64. All proceedings under this Act before any ;;t~:,";~~.
prescribed authority; Revenue Officer, Collector or ,, b, ,
the Board -of -Revenue shall. be deemed to be judicial judicial
proceedings within. the meaning of sections 193 and .prWd- w.
"f'8gnaf 228 and for the purposes of section 196 of the Indian
Penal Code. -

6xeeution
65.'[(1)] The authority passing an order under any of orden.
of t h e provisions of this Act -may'onhis own mofion
or 'on application, in the prescribed manner " ,direct .
that possession of any land forming the subject
matter of such an. order be delivered to the person
entitled to such possession and take SUCH steps as
. may be necessary to give effect to his orders.
-
1. Ins$& by the Orha Land R e f o m ( Amendmeat ) A& 1975 (Or.
Act 47 of I975), s. 3, w. t.f. 1st Octokr, 1975.
2. Reinumbered by ibid.
3. Subsritutcd by lne Orissa and Reforms (Amendrnmt) Act, 1976
(Or. Acc 44 of 1976), s. 16.
4. Kenurnbemi by the O k a - A d Reform (Amendmeat )-nct, 196s
(Or.Act 13 of 1965), s. 12.
 [ ( 2 ) Penalties and other dues, if any, payable
to Government under the provisions of this Act shall
be realisable as arrears of .land revenue . I
FM or lg.i 1[66.Fees of legal practitioners appearing in
~. t to form
n ~ proceedings
~ ~ thrs Act
under ~ shall % n
not form part ~
O ~ casts in any such proceedings.]
part or F O S ~ Sthe

of b i r - 67, '[Save as otherwise expressly provided in this

diction
civilmrbof Act] no Civil Court shall have jurisdiction '[to try
.

and decide] any suit cr proceeding so far as it relates

to any matter which any officer or other competent
authority. is empowered by or under this Act to
.. decide.
Paa:ia 68. (1) Whoever contravenes any lawful order
' assed under this Act or obstructs any person from
EwfullY h k i ~ possession
~g of any land under this Act
or makes a declaration or furnishes any informatioh,
which say .be or is required to be made or furnished
under this 'Act and which he knows to be false or
has reasons to believe to be false, shall on convic-
tion be punishable with imprisonment of either des-
cription which may extend to sh months or with fine
which may extend to five .hundred rupees br with
. both.
5[(2) whoever fails to submit a return as required
under'section 40-B, shall, on conviction, be punishable
with imprisonment of either description which may
extend to six months or with fine which may extend
to one thousand rupees or with both.]

61(3) Whoever, after having been evicted under

I section 23 or under section 23-A from any holding
of a r i i ~ a tbelonging to a Scheduled Tribe or a
1
- --
1. ~ d h byd &a OrLasa Land Ref- ( Amendmcnr) Act, 1965 . (Or,
Act 13 of 1965),, S. 1Z
- 2 . subtitutd by t h m Odua Land R d m (Amendmmt ) Act, 1967
(or.Act 13 of 19671, a. 3.
3. znstrtea ~0 a h d RsfOm~( h ~ b a) tAd, 1965
(OI;Asr 13 of 19a).r. 13.
I
4. Substituted by the Ori~saLmd Rerorms (Amendment) Act, 1976
'

(Or.Act 44 of 19761, s. 17.

5. 1nse~fcd by tbeOrissa Land Relorms (Scmd Amendment) Act, 1975
iOr. Act 29 of 1976). s. 28,
6. Inserted by the Orlssa Land Reforms (Amendment) Act, 1976
[Or.Act 44 01 19761, s. IS.
Scheduled Caste, reoccupies the same without a valid
transfer made in his favour, shall, on conviction.
be punishable with rigorous imprisonment for a
tern; which may extend to two years or with fine
which may extend t o two thousand rupees, or
with both3
69. The Government may, by notification,
direct that any power which is conferred on them O ~ ~ O W , ~ .
by this Act, shall, in such circomstances and under .
such conditions, if any, as may be specsed in the
add notihation, be exercised or discharged by any
officer so empowered.
70. (1) No suit, prosecution or other legal h 4 - i ~
proceeding shall lie against any person for anything
which is in good faith done or intended or purported
to be done in pursuance of this Act or any rules or
orders made thereunder.
(2) No suit or other legal proceeding shall lie
against the Government or m y ofEcer or authority
for any damage caused or likely to be caused, for
any injury suffered or likely to be suffered by virtue
o f any provision of this Act or by anything in good
faith done or intended to be done in pursuance of
this Act or any rules or orders made thereunder.
71. In all matters connected with this Act*
Government shall have power to issue such instruc-
tions and directions as they think fit with respect
to the discharge of executive or administrative func-
tions by any of the authorities assigned to them
under this Act.
72. Subject to any condition and restrictions ~ll~z$O,
as may be prescribed any oficer entrusted with the
performane, of any duty under this Act may at any
_timebetween sunrise and sunset enter upon any land
with such other officers or persons as he deems fit
and d e survey and. take measurement of any land
and do all other acts necessary for carrying out his
duties under this Act.
73. Nothing contained in this Act, shall apply- AH not to
I apply b
muin
(a) to the Government in respect of lands ids.
held by them and which is used or set
apart for any public purpose ;.
322 THBOWSA LAm ACT, -1960 [Or. A&. 16.

'[(b)to Iands held by -

(i) the Government of 'India ;
, (ii) any local authority j ,

(iii) any University established by law in the

State ; . .

t i v ) the
~ h o o d a n Yagna Samiti established
under the Orissa Bhoodan and Gramdan .
Act, 1970 ; Orissa ~ c
2 of 1971.
t
(v) axly Government company as defined in
the Companies Act, 1956 ; 1of 1956
, .
..

-(vi) any Corporation established under any-law

in force ; ]
(c) to any area. which the Government may,
from time to time-by notlfication-in the
oficiai Gazette specify as being reserved
for urban, non-agridtmd, or industrial -
devdopmeni or for any other sp&c
- --
- ,

'purpose ; and I

2
[(ri) to any land which was under the manage-
ment .of any Civil, Revenue or . Criminal
Court immediately prior to the 26th day

-
of September 1970, for so long as, such
management continues.]

port 74. (1) on.the coming into force of chapter

of this Act the Oris'sa Tenants' Relief Act, 1955, shajls ofW %
be repealed. , .
(2) The repeal under sub-section ( I ) ' .s h d not
affect-
(a) the previous operation or the said enact-
ment or anything duly done or suffered ' '
thereunder ; or
(b) any right, privilege, obligation or liability
acquired, a m e d or incurred .under the
, 'said- enactment : or

I. Substituted by the Orissa.,' -J d d Keforms.(~econdAmendment) Act, 1975

(Or.Act ~9 p f- -- l.9 $ ~ .29 ti). -
 THE0-A LAND'REEORMS ACT, 1960 323
(Sees. 75- 76)

(c) any penalty, forfeiture qr punishment in-

curred in respect of any offence committed
against the said enactment ; or
. ( d ) any investigation, legal proceeding or
remedy .in respect of any such right,
privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid ;"
and any such investigation, legal p r o d -
ing or remedy may be instituted, conti-
nued or enforced, and any such penalty,
forfeiture or punishment may be lmposed
as if this Act had not been passed.

75a ( I ) The ~overnment may, after previous +* to

publication, make rules* for carrying out aU,or any make ruler.
of the purposes of this Act.
(2) In particular and without prejudice to the
generality of the foregoing powers they may make
mles in respect of aII matters .expressly required or
allowed by this Act to be prescribed. .
(3) GJI rules made under. this section shall be ,

laid before the Legislative Assembly as soon as ossibIe

after they are made for a total period of ourteen
days which may be comprised in one or more sessions
P
and shall be subject to such modifications as the
Assembly may make during the said peripd.
76. If any doubt or difficulty arises in giving ,,p to
effect to the provisions of this Act, the Government adoubts
. mow
may, as occasion may x e q e e , by order, do anything d i m l t and
im
not inconsistent with the ,provisions of this Act or the
mles made 'thereunder, which appears to them neces-
sary for purposes of removing the doubt or dB[;ulty.
see-
For rules under section 75, Notification No. 63419-Re. 57165-R.,
dated the,25th September 1965, publ~shd in Orissa Gazette, Extraordinary,
dated the 26th Saptembei. 1965 (No. 1502).
~ & c a t i m NO.19767-~e-I 1 6 1 - ~-datdthe 29th A nI 1961 publish^ in
Or&m Oazene, ExtmtdInaq, dated tli! 29th April, lWI&ha 3318
 ANNEXURE I

Provisio~
fagarding 23. (1) Ali proceedings commenced under Cha-
p a a .
procctdraga. pter IV of the principal Act and pending at the
commencement of this Act shall a bate.

(2)The returns, if any, submitted by any

pers-onunder the principal Act, before the commenoe-
ment of this Act, shall be treated as evidence and
hken into consideration in det erminjn the ceiling
f
ar e under the principal Act, as amend e by this Ad.

(3) A11 cases arising under sub-clause (b) of

clause (24) of section 2 of the principal Act and
pending before any Revenue Officer immediateIy
before the commenement 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 thereup~nthe
provisi~nsof the said section 57-A shall, so far as
may be, apply in relation to the cases so transferred
to the said Tribunal.
of l%o] THEOWA LAND REFORMSACT, 1- 325

ANNEXURE I1

PRovrsro~ OF THE ORISSA LAND REFORMS

(AMENDMENT)A m , 1976 (OR.
ACT 29 OF 1976)
NOT INCORPORATED IN THE ORIGINAL ACT

30. Any appeal under the principal Act or aoy Transitory

Provision.
revision under section 59 tl~eieof pending on the
date of commencement of this Act, shall be heard
and disposed of as if this Act had not been passed.
 THEORISSA
LAND~ O I 1960
~ACT, S [ Or. Act 16
of 1960j

P~ovrsro~OFTHE ORISSA LAND REFORMS

(AMENDMENT)
ACT, 1976 (OR.
ACT 44 OF 1976)
NOT I N C O R P O R A T ~IN THE ORIGINAL ACT

Cenain
nmendmats
19. The amendment of section 45 of the principal
e~medby Act and the insertion of new section 45-A therein
orissa Act which were made respectively by sections 18 and
29 of 1976 to
hawretro- 19 ofthe Orissa Land Reforms (Second Amedment)
s~tive
&&. Act, 1975, shall be deemed to have been effective y;gP&i-
from the 1st day of April, 1976 and all actions
taken and things done during the ptriod between
the 1st day of April, 1976 and the 19th day of
- May, 1976 in pursuance - of the said sections 45
and 45-A shall be deemed to have been taken and
done under the said sections as so amended or
inserted, as the case may be.
S~T~OIS
20. Ncfrvithstanding the amendment of section 63
of the principai Act by this Act, the period of
limitatiui-1 in respect of an appeal or an application
for revisicn as referred to in that section, against
an order yrtssz3 prior to the date of commencement
of this Pact, shall be sixty days from the date of
the order.
 ORISSA ACT 9 OF 1990
*THE ORISSA LAND REFORMS (AMENDMENT) ACT, 1989

( Received the assent of the President on the 15th May 1990, first published in an
extraordinary issue of the Orissa Gazette, dated the 4th June 1990)

AN ACT FURTHER TO AMEND THE ORISSA LAND REFORMS ACT, 1960

BE it enacted by the legislature or the State Orissa in the Fortieth Year of the
Republic of India, as follows:-

Short title. 1. This Act may be called the Orissa Land Reforms (Amendment) Act, 1989.

Amendment Orissa Act

of section 52. 2. In section 52 of Orissa Land Reforms Act, 1960, after Explanation II, the 16 of 1960.
following Explanation shall be inserted, namely:-

“Explanation III- Where in any local area record-of-rights prepared under any law
for the time being in force did not exist during the period of limitation provided under section Orissa Act 3
40-A or 40-B and for the first time record-of-rights in respect of lands in such area has been of 1958.
prepared and published under the Orissa Survey and Settlement Act, 1958 after expiry of the
said period of limitation and any person is recorded as the holder of any land in the record-of
rights so prepared, he shall, for the purpose of this section, be deemed to have acquired such
land subsequent to the commencement of the Orissa Land Reforms (Amendment) Act, 1973 President’s
and the return, if any, required to be submitted under section 40-A, shall be submitted to the Act 17 of
Revenue Officer within ninety days from the date of commencement of the Orissa Land 1973.
Reforms (Amendment) Act, 1989 or from the date of final publication of the record-of-rights,
whichever is later.’.

* For the Bill, see Orissa Gazette, Extraordinary dated the 8th March 1989 (No. 374)
 99
ORISSA ACT 29 OF 1993

THE ORTSSA LAND REFORMS (AMENDMENT) ACT, 1992

PRBAMacs

SECTIONS

1. Short title

2. Amendment of Section 59

. .
3. validation -
 OMSSA ACT 29 OF 1993

*TREORISSA LAND Rm.03MS (AMENDMEW)

ACT, 1992

[R-ived the assent of the Prcciident on the 30th November 1993, tirst published
in an extraordinary issue of the Ori9Sa.Gazette,
. -.
.datedthe 28th December, 1993 1.

BBit enacted by the legisIaiurc of &e State of Orissa in the Forty-third Yar d the
Republic of India as folIow6:-
.' , T

short dtla 1. This Act may be called the Orissa h n d Reforms (Amendment) Act, 1992.

~msadmcnl 2. b the Orissa Land Reforms Act, 1960 (hereinafter referred to as the principalO r i s a Act 16
of ~ 9 Act,
. in Section 59, for mbaection (21,the following sub-section 8 h l I be and shall be Of 19@-
deemed always to have been substituted, namely :-

"(2) The Board of Revenue may, on being moved in that behalF by the Collector
of a district or by the Land Reforms Cnmmhsioner, revise any order pmed
by any authoritp under this Act within twenty-five years from the date of
such ordd"'

Valldaflond 3. Notwithstanding anything t o the contrarg in any judgement, dacree ar order any
oonrt or other autboritg, any order passed by the Board of Revenne in exercise of the
poweis of revision under sub-section (2) of Section 59 of the principal Act, as it stood
prior to the ,date of publication of this Act shall, if such order hae been pasged within
twenty-five years from the date of the ordcr revised, be deemed, for a11 intents and
purposes, to have been validly and effectively pasied aa if subsection (2) of Section 59
of the principal Act as amended by Section 2 of this Act WEIS in forcr. at all material
times and, accordingly, no suit or other legal proceeding shall be iasdtuted, maiataind or
continued in any court or before other authority on the ground that the Board of
R c w u e had exercised its power ofrevision under the said subsection (2) of Section 59
without reasonableaess and with undue delay.

For SeIet Committee Repon. See O r h u Gntrte Ex~caorUInarydated the 19th OCtob, 1992
(No .I411).
 OmS.4 Am 12 1994

THF, ORTSSA LAND REFORMS ( AMEND MEW 1 ACr: 1993 . '

TABLE OF CONTENTS
I
PRaAMaLa
Smo~s

1. Short title

2. hnendment of section 2

3. lasertion of new section 8-A

 +THE ORISSA LAND REFORMS (AMENDMENT) ACT, 1993
[ Received the assent of the Praidtnt on the 15th June. 1994, k t pblished in
an extraordinary issue of the Orissa Gazette, dated the 1st July 1994. j ,

BE it e,mcted by thc Legislature- o f the State of O i i ~ ain the Forty-fourth Yew

of the Republic of India as follows:-
sort title 1. This Act may be called the 0rissa Land Refarms ( ~ i e n d m c n t )Act, 1993: r
mdmont 2. In the Orissa Land Reforms Act, 1960 (hereinafter referred to as the
@Ion 2mprincipal Act), in section (2). after -clause (31, the following clause shall .be
Gm
inserted, namcIy:- 0

"(34) 'authorised officer' me'an~an officer appointed as such by the state

Government for the purposes of section 8-A;.". ,

Insertla of
'yPonnamelyIn:-the principal Act, after section 8, the following section shaU b,e inserted,
7
I- '

a n m ion "8-A (1) Notwithstandbig anything contained in section 8-

of agtIdt0-
$zo$
thm am=
(0) the aulhorised officer may. wher; an application is made to him by a
raiyat in the prescribed form For ~onvetsionof tho use of 8ny agricultural
cultura land belonging t o him for purposes other than agriculture, allow such
conversion, if be is satisfied that such conversion sham not violate-
d-
(i) sny Master Plan, improvement scheme, development plan or tarn
planning .scheme, ma& or published under the ,Orissa Town Planning
Zlm?* ,

.Improvement Trust Act, 1956 or under the Orissa Development Anthorities Orisse Ach
Act, I982 or under any law for the time bcine in force and applicable to 14 of ,SsZ
such landf . apd .

(fi) any other conditio~or conditions ae may bc prescribed for the purpose
of dealing with- bona fide cases of such conversions;
'
( ) in every ease where the authoris& ofScer allows co~version of the use
of any agricultural, land undm clauso (a), thc raiyat shall b- deemed to
'

have surrendered his raiyati-right in rcspect of the land in favour of'the

Government and therdter thc -land shall be setrled on lease basis, on
such terms and conditione as may ba prescribed, with the person whose
raipti-right is so decmed to have k e n surrzndered, s u b j ~ tto and with . c ,
effect from :the dnte, of payment by him in the pr~scribcd aannor the
premium for such land calculated at the rate specified in sub-scction (3). .
and evory such settlement shall be deemed to have been made under the O r b Ad
Orissa Government Land SettIement Act, 1962; I .
33 of 1962. 1.

(c) Wbero the conversion of the use of any agricultural land by a raiyat for
purpo6e6 other than agr-icuIture has becn madc prior fa the ~ornmcnceme~t
of the Oiissa Land Reforms (Amendment) Act, 1993, i t shall be deemed .
that the rayat bas surrendered bjs raiyati-right in rcspect of - that land in
Savour of tha Government and, in wery such case, the land shall ,be
&mod to have been settled, on lea60 bais undcr thc Orisa Government Land ~,
Scttlc,ment Act, 1962, with thc petson whose raiyati -right i, so deemed u d 1962.
- ,

to h ~ v obeen surrendcrd' or, where the Iaad has becn fransferrod by the
raiyat to any other person prior to such commencemont, with the
transferee, and the person, with whom the land .Fhall be so decmed to have
been settlcd, shaI1 pay, within Such pefiod and in such manner, a ~ m i u r n
in respect of that Iand caIcuIated at the rate equivalent to 'fifty permntum
. of the rate of premium speei6cd against .that, category of land in sub
: section(3):
 Provided that if the premium so payable ie not paid witbin the prescribed
,period it shall ,be recoverable as an a r e r of land revenue.
(2) The order of the authorised oficer under Clause (a) of suMection (1) shall
be f i t d i

Provided that no order refusing to allow any conversion under thc said clause
s h d be made unless the concerned raiyat has been given an opportunity of being
heard in the matter..
'
(3) The rate at which the premium shall be payable per acre of agricultural
land situated at different places of the State, for conversion of .its use to ariy
purpose other than agricuiturc on and after t h d commencement of he Orissa Land
Reforms (Amendment) Act, 1993, shall be as fallows:-

Land situated- within any Municipal area or i n a r e a

'(i)
within one-half kilometre on either side of euch
.. RG. 3,00,000
National Highways as the State Government may,
by notification, specify from time to time.
(iT) Land situated in any area within one-fourth kilometre .. ,Rs. IDOO,OM1
on either side of such Sta!e Highwajn -as the State
Government may, by notrfication, specify from lime '

to time.
(iil] Land situated in a Municipal area or a Notified .. Rs. 75,000
are&' or in any area notified 'as urban area under
the Orissa Government Land Settlement Rules, 1983
made under the Orissa Government Land Settlement
Act, 1962, other than any land mentioned in Orlesa Act
clauss (i) and (ii). - %:of UEL
(iv) Land situated - in such developing &as as the State . Re. 30,000
Government may, by notificati~n, specify from time
to time,.other tban an9 area covered by clauses (3,
(ii) and (iii).

(v) Land situated in any area not covered by clauses (i),

{ii), (iiij and (iv).
.. Five pr cent
of the market
d u e of such
land or
RB. 1,Om
whichever is
more.
Explanution-For the purposes of this sub-6e.ction-
(a) fgMunicipel Act ** mans .the Orissa Municipal Act, 1950;
- (b) "Municipal area" meane an area included in a MunicipaliQ constituted
under Municipal Act; and
(c) "Notified 'area" means a Notified area within the meaning of section 417-A
of MunicipaI Act. ".