52. [ Ceiling on future acquisitions. [Substituted vide Orissa Act No. 9 of 1974.]
- The foregoing provisions of this Chapter shall, mutatis mutandis apply where lands acquired and held subsequent to the commencement of the Orissa land Reforms (Amendment) Act, 1973 [President's Act 17 of 1973] [Substituted vide Orissa Act No. 44 of 1976.] by any person through inheritance, gift, family settlement, purchase, lease or otherwise, together with the lands held by him at the time of such acquisition exceed the ceiling area :Provided that the return required under Section 40-A shall be submitted to the Revenue Officer within ninety days from the date of such acquisition :Provided further that where an application under Section 57-A has been made on behalf of such person within the aforesaid period of ninety days, the return required under Section 40-A shall be submitted to the Revenue Officer within ninety days from the date of final disposal of the proceedings under Section 57-A.Explanation I. - If, as a result of irrigation facilities provided [by the Central Government, or the State Government, any local authority, any Government Company as defined in Section 617 of the Companies Act 1 of 1956 or any statutory body or corporation] [Substituted vide Orissa Act No. 9 of 1974.] to a person after commencement of the Orissa Land Reforms (Amendment) Act, 1973, any land falling at such commencement, within Class II, Class III or Class IV, falls, subsequent to such commencement within Class I or Class II, as the case may be, the lands held by such person in excess of the ceiling area applicable to the class of land to which such land has fallen as a result of the provision of such irrigation facilities shall be deemed to have been acquired and held by such person after such commencement.Explanation II. - Homestead lands which have been kept out of account in determining the ceiling area in respect of any person, shall, on ceasing to be used as homestead land after the commencement of the Orissa Land Reforms (Amendment) Act, 1973 [President's Act 17 of 1973] [Inserted by Orissa Act 9 of 1990 (Vide Orissa Gazette Extraordinary No. 715/4.6.1990).], be deemed to have been acquired and held by him with effect from the date on which such lands have so ceased to be used as homestead lands].[Explanation III. [Inserted vide Orissa Act No. 44 of 1976.] - 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 40-A or 40-B and for the first time record-of-right in respect of lands in such area has been prepared and published under the Orissa Survey and Settlement Act 3 of 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 Act 17 of 1973] and the return, if any, required to be submitted under Section 40-A, shall be submitted to the Revenue Officer within ninety days from the date of commencement of the Orissa Land Reforms (Amendment) Act, 1989 or from the date of final publication of the record-of-rights, whichever is later.]Chapter-V Administrative machinery for implementation of Land Reforms
