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[Cites 0, Cited by 0] [Section 3] [Entire Act]

State of Odisha - Subsection

Section 3(2) in The Orissa Betterment Charges Act, 1955

(2)Where a transfer of immovable property is made in contravention of Sub-section (1) the competent authority may, either on application by any one interested therein [or on information received from the Grama Panchayat] [Added by the Orissa Regulation, 1 of 1975.] or on his own motion and after giving the parties, an opportunity of being heard, order ejectment against any person in possession of the property claiming under the transfer and shall cause restoration of possession of such property the transferor or his heirs. In causing such restoration of possession the competent authority may take such steps as may be necessary for securing compliance with the said order or preventing any breach of peace :[Provided that if the competent authority is of the opinion that the restoration of possession of immovable property to the transferor or his heirs is not reasonably practicable, he shall record his reasons thereof land shall, subject to the control of the State Government settle the said property with another member of Scheduled Tribe or in the absence of any such member, with any other person in accordance with the provisions contained in the Orissa Government Land Settlement Act, 33 of 1962.Explanation - Restoration of possession means actual delivery of possession by competent authority to the transferor or his heirs] [Inserted by Orissa Regulation 1 of 2002 vide Orissa Gazette Extraordinary No. 1429 dated 4.9.2002 (Notification No. 11714 dated 4.9.2002).].[Provided further that where, it is decided by the competent authority to settle the said property with any person other than a person belonging to a Scheduled Tribe in accordance with the Orissa Government Land Settlement Act, 1962, he shall obtain prior approval of the concerned Grama Panchayat, accorded with the concurrence of the Grama Sasan.] [Inserted by Orissa Regulation 1 of 2002 vide Orissa Gazette Extraordinary No. 1429 dated 4.9.2002 (Notification No. 11714 dated 4.9.2002).]