State of Odisha - Act
The Orissa Land Reforms (General) Rules, 1965
ODISHA
India
India
The Orissa Land Reforms (General) Rules, 1965
Rule THE-ORISSA-LAND-REFORMS-GENERAL-RULES-1965 of 1965
- Published on 25 September 1965
- Commenced on 25 September 1965
- [This is the version of this document from 25 September 1965.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
- These rules may be called the Orissa Land Reforms (General) Rules, 1965.2. Definitions.
- In these Rules, unless the context otherwise requires-3. [ Conduct of proceeding under the Act. [Substituted by Notification No. 86140-Re-312/76, dated 6.11.1976.]
4. Notice and mode of service.
4A. [ Classes of land under Clause (5-a) of Section-2. - Classes of land shall be determined with reference to entries in the record of rights and other records prepared under any law or rule or order for the time being in force and after such local enquiry as may be necessary.] [Inserted by Notification No. 65926-Re-179/73-R-D. 11.10.1973.]
5. [ 6. 7. and 8. * * *] [Deleted by Notification No. 42688-Re-157/76-R-D.8.6.1976.]
Chapter-II Raiyats and Tenants9. [ * * *] [Omitted by Notification No. 72947-Re-64/65-R-D.17.11.1965.]
10. Form and manner of application under Sub-section (2) and (5) of Section 4.
10A. [ [Inserted vide O.G.E.No. 162, Notification No. 10100-Re-l-87/79-R, dated 11.2.1980.]
11. Payment under Sub-section (7) of Section 4.
12. [ Determination of fair and equitable rent under Sub-section [(8-a)] [Inserted by Notification No. 33205-Re-125/44-R-D.8.6.1976.] of Section 4.
- In determining the fair and equitable rent under Subsection [(8-a] [Substituted by S.R.O. No. 790/85 O.G.E. 1479/D.1.11.1980.] and (9) of Section 4, the Revenue Officer shall adopt the rate of cash rent payable by raiyats for similar lands with similar advantage in the vicinity as may be derived from the record-of-rights or any other records for the time being in force.]12A. [ [Inserted vide S.R.O.No. 776/97, Notification No. 28165-Re-55/96, dated 29.11.1997.]
13. [ Form and manner of application under Sub-section (1-a) and Sub-section (4) of Section 9. [Substituted by Notification No. 65926-Re-179/73-R-D.11.10.1973.]
- [(1) The application under Sub-section (1-A) of Section 9 shall be filed in Form No. 17 within three years from the date of commencement of the Orissa Land Reforms General (Amendment) Rules, 1985 :Provided that any such application made after the 19th February 1981 and before the aforesaid date shall for all purposes, be treated as an application filed within the period prescribed under said Sub-section (1-A)].[Provided further that any person who has failed to make such application within the period specified in this sub-rule may make an application within a period of three years from the date of commencement of the Orissa Land Reforms (General) (Amendment) Rules, 1996.] [Inserted by Notification No. Re-l-58/96, 44115/R, dated 1.10.1996.]13A. [ Procedure for payment of compensation under Sub-section 2 of Section 9. [Inserted by Notification No. 58432-Re-144/75 (Pt)R-D.30.7.1975.]
13B.
In determining the fair and equitable rent under Sub-section (3) of Section 9 the Revenue Officer shall have regard to rent payable in respect of similar lands with similar advantages in the vicinity.13C.
As soon as may be, after the issue of the certificate under Subsection (1-A) of Section 9 the Revenue Officer shall also cause a copy of the said certificate to be transmitted to the authority competent to maintain the record-of-rights.13D.
When fair and equitable rent is fixed in the manner provided in Sub-section (3) of Section 9 the Revenue Officer shall send a copy of the order fixing the fair and equitable rent to the authority competent to maintain the record-of-rights.14. Notice under Sub-section (2), (3) and (4) of Section 11.
15. Manner of filing applications under Sub-section (1) of Section 12.
- The manner of filing an application under Sub-section (1) of Section 12 shall be the same as provided in Sub-rules (3) and (4) of Rule 10.15A. [ Notice under Section 14(2). [Inserted by Notification No. 42688-Re-157/76-R-D.3.6.1976.]
- The notice under the first proviso to Sub-section (2) of Section 14 shall be in Form No. 24.]16. Application under Section 15.
- [(1) An application under Section 15 shall be filed in the same manner as provided under Sub-rules (3) and (4) of Rule 10.16A. [ [Inserted by Notification No. 47018-Re-50/72-R-D.16.8.1972.]
If a tenant fails to comply with a notice served on him under Sub-section (2) of Section 15, or a landlord fails to comply with a notice served on him under Sub-section (5) thereof, the Revenue Officer may issue an order in Form No. 14 to such Officer or authority as may be specified therein, for delivery of possession of the land to the landlord or the tenant, as the case may be].17. Enquiry in case of disputes as to the identify of a tenant under Section 16.
- The enquiry in case of dispute under section 16 as to the identity of a tenant in cultivation of any land will take into consideration on the following points, namely :18. Particulars to be recorded in the rent receipt and its counterfoil envisaged under Section 17.
- The receipt to be granted under Sub-section (1) of Section 17 and the counterfoil of the receipt as envisaged under Sub-section (2) of the said section shall contain the following particulars, namely :19. Manner in which a partition can be ordered by a Revenue Officer under Clause (c) of Sub-section (1) of Section 19.
19A. [ [Inserted by Notification No. 50070-Re-80/68-R-D.27.9.1963.]
20. Notice under Sub-section (2) of Section 19.
21. List under Sub-section (4) of Section 19.
21A. [ [Inserted by Notification No. 8350-Re-75/72-R-D.8.2.1972.]
The list envisaged under Sub-section (6) of Section 19 shall be in Form No. 5-A.]22. manner of application under Sub-section (1) of section 20.
- The application under Sub-section (1) of Section 20 shall be submitted in the same manner as provided in Sub-rules (3), (4) and (5) of Rule 10.22A. [ [Inserted by Notification No. 50756-Re-53/73-R-D.6.8.1973.]
On declaration being made under Sub-section (2) of Section 23, the Revenue Officer shall issue to any member of his staff or any other person a warrant in Form No. 16 to put the transferor or his heirs in possession of the land, if necessary, by removing any person bound by the order under Section 23 who refuses to vacate the land.22B.
The person to whom a warrant is issued under Rule 22-A shall after putting the transferor or his heirs in possession of the land, return the warrant and the Revenue Officer on being satisfied that the warrant has been duly executed, countersign the same and keep it as a para of the records of the case.22C.
When the person directed to execute the warrant fails on the date fixed therein to put the transfer or his heir in possession, the Revenue Officer may issue another warrant to the same person or any other member of the staff.22D.
The Revenue Officer may at any time recall or cancel any warrant issued under Rule 22-A or 22-B and may also order necessary police or other assistance to be rendered for the due execution of the warrant.22E.
If on the dates specified in the warrant, for putting the transferor or his heirs in possession of land, crops not ripe for immediate harvest are found on the land, the execution shall be postponed and a report of such fact shall be made to the Revenue Officer and on receipt of such report the Revenue Officer may postpone the execution till such time as the crops are harvested.]22F. Surrender or abandonment by raiyat or tenant.
23. Form and manner of application under Sub-section (1) of Section 26.
24. Form and manner of application under Sub-section (2) of Section 26.
25. Manner of payment of compensation for non-resumable lands under Sub-section (1) of Section 28.
26. Form of certificate in respect of resumable and non-resumable lands.
27. Procedure is cases falling under Section 35.
27A. [ Procedure for filing application under Section 36-A. [Inserted by Notification No. 6926-Re-179/73-R-D.11.10.1973.]
- The application under Section 36-A shall be made in Form No. 19 and in the manner laid down in Rule 24].27B. [ [Substituted by Notification No. 42688-Re-157/76-R-D.3.6.1976.]
27C.
27D.
The application under Sub-section (1) of Section 36-C, Subsection (2) of Section 56-B and Sub-section (4) of Section 57-B shall be filed in Form No. 19 and in the manner prescribed in Rule 24.Chapter-IV Ceiling and Disposal of Surplus Land28. Principles for determining the ceiling area.
- [For the purposes of determining the ceiling area of a family under Section 37-A read with the explanation to Section 37-B and Section 39 the fact of transfer or partition referred to in Section 39 shall be verified by the Revenue Officer with reference to the notices of transfer transmitted to him under Sub-section (5) of Section 11 and the notices and list of partitions received by him under section 19.] [Substituted by Notification No. 42688-Re-157/76-R-D.3.6.1976.]29. [ Recording of the ceiling area. [Substituted by Revenue Department, vide S.R.O. No. 60376/D.3.6.1976.]
- The ceiling area which is fixed for a family shall be recorded in the name of the one or more members of the family in the manner as may be specified by them in an application filed for the purpose before the Revenue Officer duly signed and verified by all the major member of-the family.]29A. [ Maintenance of a list of privileged raiyats. [Substituted by Notification No. 6926-Re-179/73-R-D. 11.10.1973.]
- For the purpose of Clause (a) of Section 38, the Revenue Officer shall maintain a list of privileged raiyats. The list shall be verified periodically and brought up to day.29B. Report on the lands held by industrial undertakings.
- Where exemption for ceiling is granted to lands held by industrial or commercial undertakings or comprised in mills, factories or workshops under Clause (b) of Section 38, the Revenue Officer shall furnish to the Collector at the end of each year a report on the actually utilisation of the lands so exempted to facilitate review of their utilisation as required under the first proviso to that clause.]29C. Principle for determining ceiling area.
- For the purpose of Clause (a) of Section 39 tanks shall mean water reservoirs ordinarily used as such and shall not include any other water spread area.29D. Filing of return under Section 40-A.
29DD. [ [Inserted by Notification No. 42688-Re-157/76-R-D.3.6.1976.]
The return or revised return, if any submitted under Section 46-B shall not be taken into account if a proceeding under Section 3 in respect of the person, who has filed the return, has been initiated by the Revenue Officer, on his own motion, and the draft statement of surplus land has been confirmed under Sub-section (1) of Section 44,29DDD.
For the purpose of consultation with the Local Committee under section 43, of the provisions contained in Rule 27-C shall so far as may be apply.29E. [ Preparation and publication of draft statement showing selling and surplus lands. [Substituted by Notification No. 65926-Re-179/73-R-D.11.10.1973.]
- The draft statement referred to Sub-section (1) of Section 43 shall be prepared in Form No. 13].30. Publication of draft statement under Sub-section (2) of Section 43.
31. [ Appellate authority under Sub-section (2) of Section 4. [Substituted by Notification No. 10100-Re-187/79-R-D.11.2.1980.]
- An appeal under Sub-section (2) of Section 44 shall lie of the Subdivisional Officer or to an Officer specially appointed by Government in this behalf who is suitable for appointment as a Sub-divisional Officer.Provided that appeal under Sub-section (2) of Section 44 pending on the date of commencement of the Orissa Land Reforms (General) (Amendment) Rule, 1980 shall be transferred to the Subdivisional Officer for hearing and disposal.]32. [ Publication of confirmed statement under Sub-section (3) of Section 44. [Substituted by Notification No. 71205-Re-189/75-R-D.10.9.1975.]
33. Authorities to whom copies of the statement are to be sent under Sub-section (3) of Section 44.
- A true copy of the confirmed statement shall be furnished to -33A. [ Preparation of draft statement showing ceiling surplus lands under Section 45-B which escaped ceiling. [Inserted by Notification No. 10100-Re-87/79-R-D.11.2.1980.]
- For the purpose of making a declaration under Sub-section (1) of Section 45-B of the Act, the Revenue Officer shall cause to be prepared a revised draft statement in Form No. 13-A.33B. Publication of the revised draft statement of ceiling surplus lands and service of notice to the person concerned.
33C. Declaration of ceiling surplus lands under Section 45-B.
34. Manner of ascertaining the Government dues under Sub-section (1) of Section 48.
35. Form and manner of publication of the draft Assessment Roll under Sub-section (1) of Section 48.
36. Manner of disposal of objections under Sub-section (1) of Section 48.
37. [ Appellate authority under Sub-sectiOn (2) of Section 48. [Substituted by Notification No. 101000-Re-1/87-R-D.11.2.1980.]
- An appeal under Sub-section (2) of Section 48 shall lie to the Sub-divisional Officer or to an officer specially appointed by Government in this behalf who is suitable for appointment as the Sub-divisional Officer and any appeal under Sub-section (2) of Section 48 pending on the date of commencement of Orissa Land Reforms (General) (Amendment) Rules, 1980 shall be transferred to the Sub-divisional Officer for hearing and disposal.]38. [ Manner of final publication under Sub-section (1) of Section 49. [Substituted by Notification No. 71617-Re-145/78-R-D.1.11.1978.]
38A. [ Procedure for settlement of ceiling surplus lands under Subsection (2) of Section 51 and definitions. [Inserted by Notification No. 59795-Re-144/75-R-D.4.8.1975.]
38B. [] [Renumbered by Notification No. 59795-Re-144/75-R-D.4.8.1975.] Ceiling of future acquisition.
- [For the purpose of Section 52 of the Act it shall be the duty of the Tahsildar who is entrusted with the maintenance of record-or-rights under Chapter IV of the Orissa Survey and Settlement Rules, 1962 to inform the Revenue Officer of the cases where the total area of land held by a raiyat or land holder exceeds the ceiling area after the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973.] [Inserted by Notification No. 65926-Re-179/73-R-D.11.10.1973.]38C. [ [Inserted by Notification No. 86140-Re-312/76-R-D.6.11.1976.]
For the purpose of filing of return under proviso to Section 52 of the Act, the provisions contained in Rule 29-D shall so far as may be apply.]Chapter-V Miscellaneous39. [ Manner of conducting proceedings of the land Commission under Sub-section (4) of Section 53. [Substituted by Notification No. 35351-S.R.O. No.1100/67/D.13.7.1968.]
- The manner of conducting the proceedings of the Land Commission shall be as follows :39A. [ Constitution of Local Committee and its conduct of business. [Inserted by Notification No. 603-76-D.3.6.1976.]
40. [ Application under Section 56-A. [Inserted by Notification No. 603-76-D.3.6.1976.]
41. Costs under Sub-section (2) of Section 57.
- The Revenue Officer may award costs to the successful party not exceeding the total amount of the court-fees paid in the application or petition or memorandum of appeal subject to a minimum of five rupees.41A. [ Claims before Tribunals for declaration as privileged raiyats. [Inserted by Notification No. 65926-Re-179/73-R-D.11.10.1973.]
- Declaration of trusts as privileged raiyats under Section 57-A shall be made in the following manner :]42. [ An appeal under Sub-section (1) of Section 58. [Substituted by Notification S.R.O. No. 216/80-D.11 2 1980.]
- An appeal under Section 58 shall lie to -42A. [ [Inserted by Notification No. 50070-Re-80/68-R-D.27.9.1968.]
Any person aggrieved by an order of one Revenue Officer passed under Clause (c) of Sub-section (1) of Section 19 of the Act, read with Rule 19-A of these rules may prefer an appeal to the Settlement Officer exercising jurisdiction over that area.]42B. [ Revision under Section 59. [Substituted by Notification No. 10100-Re-1-87/7S-R-D. 11.2.1980.]
43. Procedure for filing and disposal of appeals under Sub-section (2) of Section 58.
- The procedure for filing and disposal of appeals shall be the same-as is provided under Order XLI of the Code of Civil Procedure, 1908 (5 of 1908).44. [ Limitation for filing application for revision under Section 59. [Substituted by Notification S.R.O. No. 216/80-D.11.2.1980.]
- Every application for revision under Sub-section (1) of Section 59 shall be filed within a period of thirty days from the date of the order against which such application is preferred :Provided that an application for revision which has been filed on or after the 19th day of May, 1976 and before the date of commencement of the Orissa Land Reforms (General) (Third Amendment) Rules, 1976 shall, if such application was filed within the prescribed period, be deemed to have been filed before the Revenue Divisional Commissioner, having jurisdiction and shall be heard and disposed of by him.]45. Manner of disposal of matters under Section 59.
46. Fees including Court-fees under Section 62.
- Unless otherwise specifically provided in these rules, the Court-fees and other fees payable under the Act shall be as mentioned in the Schedule-I.47. Application for delivery of possession under Sub-section (1) of Section 65.
48. Power of enter upon land under Section 72.
49. Saving in regard to the form of application.
- No document made under the Act or under these Rules shall be void merely because it is not in the prescribed form provided that all materials and particulars provided in the form are given in the document.50. Savings as regards to language of application, notice, etc.
- All documents, under the act or under these rules shall be in English or in the Court language.51. Repeals.
- The Orissa Land Reforms Rules, 1961, are hereby repealed.[Schedule-I] [Substituted vide Orissa Gazette Extraordinary No. 570/6.4.2005-SRO No. 13999/21/2005 dated 29.3.2005.][See Rule 46]Fees payable under the Act and the Rules| Serial No. | Application, Memorandum etc. in respect of whichfee is payable | Officer before whom to be filed or person towhom to be given | Fees to be charged |
| (1) | (2) | (3) | (4) |
| 1. | Application or petition generally not otherwise provided inthis Schedule | Appropriate officer or authority as mentioned in the Act, orthese rules | Rs. 10.00 |
| 2. | Application or petition for payment of compensation forsurplus land under Chapter IV of the Act | Authority competent to make payment | Nil |
| 3. | Memorandum of appeal | Authority competent to hear the appeal | Rs. 15.00 |
| 4. | Application for revision | Authority competent to dispose of the application | Rs. 20.00 |
| 5. | Vakalatnama or Mukhtarnama | Filed before Board of Revenue or Collector | (a) For Board of Revenue Court Rs. 20.(b) For CollectorCourt Rs. 10 |
| 6. | Fees for service of notice on opposite parties, Respondents,Defendants or for other persons or summoning witnesses in courseof proceedings under the Act, or these rules | Authority before whom the relevant proceeding is pending | (a) Rs. 10 for not more than 4 persons and additional fees ofRs. 5 for every person i.e. excess of four.(b) For issue ofa general notice Rs. 10.00 |
| 7. | Fees for sub-division of plots | Authority before whom the proceedings in connection withwhich the question of subdivision arises, is pending | Rs. 20.00 |
| 8. | Fee under Sub-section (3) of Section 56-A | The Revenue Officer to whom the application is made underSub-section (1) of Section 56-A | Rs. 10.00 |
1. Name of the applicant, his parentage and address.
2. Name of the village in which the land forming the subject of this application is situated.
3. Identifying particulars like survey plot number, holding number, classification, area and other details of the land in question.
4. The year from which the land has been in cultivating possession of the applicant.
5. The amount of rent paid in respect of each year of occupation up-to-date.
6. The name, parentage and address of the landlord directly under whom the land is held.
7. Any other relevant statement which, the applicant wants to make.
Place..........Date..............Signature of applicant or his authorised agentVerificationI................................... son of...............declare that the facts contained in this application are true to the best of my knowledge, belief and information.Place...........Date...............Signature of applicant or his authorised agentForm No. 2Application for being declared as a raiyat under Clause (i) of Subsection (1) of Section 4.[See Sub-section (5) of Section 4 and Sub-rule (2) of Rule 10]In the Court of the Revenue Officer ................1. Name of the applicant, his parentage and address.
2. Name of the village in which the land forming the subject of this application is situated.
3. Identifying particulars like survey plot number, holding number, classification, area and other details of the land in question.
4. The name, parentage and address of the landlord directly under whom the land is held.
5. Any other relevant statement which, the applicant wants to make.
Place............Date.............Signature of applicant or his authorised agentVerificationI, ............. son of....................... declare that the facts contained in this application are true to the best of my knowledge, belief and information.Place ..........Date ..............Signature of applicant or his authorised agentForm No. 3Notice of landlord giving particulars of transfer of a holding of a raiyat or a portion or share thereof[See Sub-section (5) of Section 11 and Sub-rule (1) of Rule 14]ToShri......................................................Take note that transfer has been effected of the raiyati land specified below :1. Description and area of the land transferred with its annual rental.
| Tahasil | Name and number of village | Holding number | Survey Plot No. | Area transferred (where a portion of the entireplot has been transferred, area of that portion be given) | Annual rent of the area (where a portion has beentransferred, proportionate annual rent relating to that portion) | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
2. Mode of transfer whether by voluntary sale, exchange, gift, bequest or sale in execution of a decree in Civil/Revenue Court.
3. Name of Registration Office where registered, Registration Volume No., Page No., Deed No., and year:
4. I decreed in Court or ordered by a Revenue Officer particulars of the year and number of the case, suit, execution proceedings etc.
5. Name and address of the transferor-
6. Name and address of the transferee-
7. The name and address of the landlord-
Signature of TransferorItem 1 to 6 verified by....................Signature of transfereeN.B. - A separate notice should be filed for each village, if the transfer relates to more than one village.Note. - The particulars required in Item No. 3 are to be filled in by the Registering Officer.Form No. 4Notice of partition of a holding made by a registered instrument[See Sub-section (2) of Section 19 and Sub-rule (1) of Rule 20]Shri................................................ landlordAddress..........................................................................We have effected partition among us in respect of the land given below :| Particulars of land | District...............Tahasil................. |
| Village...........Thana No............... | |
| Khata No..............Survey Plot No............ | |
| Status of land............... |
| Name of co-sharer raiyat | Area allotted | Rent and cess demanded | Remarks | |
| Survey Plot No. | Area | |||
| 1 | 2 | 3 | 4 | 5 |