(1)(a)A Raiyat may make an application in duplicate to the authorised officer in Form No. 25 for use of his agricultural land for purpose other than agriculture.(b)On receipt of application, the authorised officer shall register a case and if the land is situated in any area on which the Orissa Town Planning and Improvement Trust Act, 1956 or, as the case may be, the Orissa Development Authorities Act, 1982 is in force, the authorised officer shall refer the application for conversion in Form No. 26 to the concerned Development authority requesting him to furnish its opinion keeping in view the land use envisaged for the areas in the Development Plan/Master/Plan/Improvement Scheme/Town Planning Scheme made or published under the said Act. The concerned Development Authority/Town Planning Authority/Improvement Trust shall furnish its opinion on the application for conversion within 30 days from the date of receipt of the same from the authorised officer failing which it shall be deemed that there is no objection to the Conversion applied for.(c)The authorised officer shall make an enquiry or cause an enquiry to be made through any officer subordinate to him into the matter after giving a reasonable opportunity of being heard to the applicant.(d)While considering the application for conversion, the authorised officer shall satisfy himself that the proposed conversion will not-(i)obstruct natural water courses thereby causing water logging of agricultural lands in the neighbourhood, or(ii)obstruct water courses laid out for carrying water for irrigating agricultural holdings in the neighbourhood.(e)The authorised officer, if considers the conversion to be objectionable or not genuine or the information given by the applicant is not correct, may record the same and reject the application with intimation to the applicant.(2)(a)The authorised officer, after enquiry, if satisfied that the proposed conversion is of genuine nature, he may allow conversion and order for settlement of the land on lease basis under the provisions of the Orissa Government Land Settlement Act, 1962.(b)Terms and conditions of settlement of land for non-agricultural purposes both in rural and urban areas, shall be such as specified in the standard lease-deed in Form No. 27 and as may be determined by the Government from time to time.(3)In cases where the conversion has already taken place prior to the 1st day of July, 1994, the authorised officer shall issue a notice in Form No. 28 to the raiyat or the person to whom the land has been transferred by the raiyat asking him to pay the premium and land revenue and after the payment of premium and land revenue, the land shall be settled on lease basis under the provisions of the Orissa Government Land Settlement Act, 1962.(4)(a)In both the cases under Sub-rules (2) and (3), before settling the land the authorised officer shall assess the quantum of premium to be paid in accordance with the rate prescribed in Sub-section (3) of Section 8-A of the Act and the land revenue as have been assessed for similar non-agricultural lands in the vicinity and intimate to the person who has so converted the agricultural land for purposes other than agriculture or the transferee, as the case may be, to deposit the amount of such premium and land revenue in full within thirty days :Provided that in cases covered under Sub-rule (2) the land revenue shall be payable with effect from the beginning of the agricultural year next after the date of conversion and in cases covered under sub-rule (3) it shall be payable from the beginning of the agricultural year next after the date on which actual conversion has taken place subject to the limitation under the Orissa Limitation (Recovery of Revenue) Act, 1964.(b)For payment of premium and land revenue in respect of cases under Sub-rule (2), the authorised officer may, on application, allow additional period not exceeding sixty days from the date of order of settlement to the applicant in exceptional and genuine cases.(c)The premium and land revenue so assessed in respect of cases under Sub-rule (3), may be paid in four equal quarterly instalments as specified by the authorised Officer and on default of payment by the last date of any quarter the balance amount shall be paid in one instalment within a period of one month from the last due date of payment, failing which the amount shall be recovered as arrears of land revenue under the Orissa Public Demands Recovery Act, 1962.(5)The authorised officer shall execute lease-deed in Form No. 27 within a period of fifteen days from the date of premium and land revenue are paid in full.]
