36A. [ Tenant to become raiyat in respect of the whole of the land in certain cases - (1) Notwithstanding anything contained in the foregoing provisions of this Chapter, but subject to the provisions of Sub-section (2) of Section 24, the Revenue Officer may on an application made in that behalf by the tenant within two years from the commencement of the Orissa land Reforms (Amendment) Act, 1973 (President's Act, 17 of 1973) and after giving the parties interested an opportunity of being heard and after consulting the Local Committee, if any, declare 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 provisions of Sections 29 to 33 (both inclusive), 35-A and 36 shall, so far as may be, apply ;] [Substituted vide Orissa Act No. 29 of 1976.]
Provided that nothing in this sub-section shall apply to any land where(a)the particulars of the resumable and non-resumable portions thereof have already been determined under Section 27 or under Section 35; or(b)proceeding for the determination of such particulars are pending: [* * *] [Deleted vide Orissa Act No. 29 of 1976.](c)[***] [Deleted vide Orissa Act No. 29 of 1976.]Explanation. - For the purpose 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 (he ground of default or non-prosecution on the part of the tenant and a tenant in 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 all such action and in such manner as is provided in Sub-section (1) at any time within three years from the commencement of the said Act :Provided that where the period of limitation specified in Sub-section (1) is extended by any further period under Section 63, the period of three years as aforesaid shall equally be 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 the relationship of landlord and tenant or as the identity of the tenant.
