(1)The following persons shall be deemed to be raiyats for the purpose of this Act in respect of the lands held by them namely :(a)persons holding lands immediately before the commencement of this Act or at any time thereafter with rights of occupancy under or within meaning any law for the time being in force;(b)a raiyat in the districts of Angul and Kondhamals within the meaning of the Angul Laws Regulations, 1963 (4 of 1963) and the Khondmals Laws Regulation, 1963 ( 5 of 1963) respectively;(c)a raiyat in a raiyatwari village in the Sambalpur or Baragarh subdivision of the district of Sambalpur within the meaning of Central Provisions Land Revenue Act, 1881 (Act 18 of 1881)(d)a person, who under an inamdar of an inam which is not an estate within the meaning of the Madras Estates' Land Act, 1908 (Madras Act 1 of 1908) whether or not such inam has vested in the State in the districts of Ganjam and Koraput or the subdivision of Baliguda holds land in such inam with heritable and transferable rights therein;(e)the holder of a raiyatwari patta under the raiyatwari settlement in the districts of Ganjam and Koraput and in Baliguda subdivisions of Boudh district;(f)a person with whom land has been settled for agricultural purposes after the commencement of this Act under a lease from landholder, or under permanent lease from Government;(g)persons entitled to acquire rights of occupancy under Clauses (g) and (h) of Section 7 of the Orissa Merged States (Laws) Act, 1950 (Act 4 of 1950);(h)[ subject to the provisions of Sub-Section (2), (3) and (4), persons who are temporary lessees in personal cultivation of lands in the vested estates held under Government for agricultural purposes, persons who are in personal cultivation of such lands held either mediately or immediately under such temporary lessees and the successor-in-interest of any such persons;] [Substituted vide Orissa Act No. 29 of 1976.]Provided that nothing in this clause shall apply to char or diara lands or lands held under the custom of Utabandi or similar other customs;(i)[subject to the provisions of Sub-sections (5) to (8)] [Inserted vide Orissa Act No. 13 of 1965.] persons who are [* * *] [Deleted vide Orissa Act No. 29 of 1976.] in personal cultivation of any land and recorded as sub-tenants or under-raiyats in respect of such land in the record-of-rights under any law in force in any part of the State, [and their successors-in-interest] [Added vide Orissa Act No. 29 of 1976.];[Provided that nothing in this clause shall apply to persons who are recorded as sub-tenants or under-raiyats after the 30th day of September, 1965 or to their successor-in-interest if the land in respect of which they have been so recorded belongs to a person under disability or to a privileged raiyat.] [Substituted vide Orissa Act No. 29 of 1976.](2)[ The Revenue Officer, on an application in that behalf in the prescribed form and manner by a person referred to in Clause (h) of Sub-section (1) made not later than ninety days from the commencement of this Act or within such further period not exceeding thirty days as such officer in his discretion allows, may after such enquiry as may be necessary by order declare that such person shall be a raiyat holding immediately under Government in respect of the land held as specified in the said clause] [Inserted vide Orissa Act No. 13 of 1965.] [with effect from the beginning of the year next following the date of the order] [Added vide Orissa Act No. 13 of 1965.];[Provided that any such person as aforesaid, who has failed to make an application within the said period, may make such application within ninety days from the date of commencement of the Orissa Land Reforms (Amendment) Act, 1966 (Act 8 of 1967):] [Inserted vide Orissa Act No. 8 of 1967.][Provided further that any such person as aforesaid who has failed to make an application within any of the periods specified in this sub-section may make such application within a period of two years from the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973) :] [Inserted vide Orissa Act No. 9 of 1974.][Provided further that any such application made after the expiry of the period specified in this Sub-section and before the aforesaid date shall, for all purposes, be treated as an application filed within the period of limitation;] [Inserted vide Orissa Act No. 8 of 1967.][Provided further that an application under this sub-section, may, if it relates to any land situate in an estate vested in the Government after the 30th day of September, 1965, be filed within two years from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 or the date of vesting of the estate, whichever is later.] [Inserted vide Orissa Act No. 29 of 1976](3)[ While making an order under Sub-section (2) the Revenue Officer shall determine the premium in respect of the raiyat right to be so acquired to be paid to Government which shall be an amount calculated at the rate of eight hundred rupees per standard acre of the land.] [Inserted vide Orissa Act No. 29 of 1976](4)The premium determined under Sub-section (3) shall be payable in five equal annual instalments on such. dates as may be fixed by the Revenue Officer and the amount of premium or any portion thereof remaining unpaid shall be recoverable as arrears of land revenue.(5)The Revenue Officer, on an application in that behalf in the prescribed form and manner [by the sub-tenant or under-raiyat or the successor-in-interest] [Inserted vide Orissa Act No. 9 of 1974.], as the case may be, referred to in Clause (i) of Sub-section (1) made not later than ninety days from the commencement of this Act or within such further period not exceeding thirty days as such officer in his discretion allows, may, after such enquiry as may be necessary, by order declare such sub-tenant or under-raiyat [or successor-in-interest to be a raiyat in respect of the land referred to in the said clause with effect from the beginning of the next following the date of the order] [Inserted vide Orissa Act No. 29 of 1976] :[Provided that any such sub-tenant or under-raiyat who has failed to make an application within the said period, may make such application within ninety days from the date of commencement of the Orissa Land Reforms (Amendment) Act, 1966 (Act 8 of 1967) :Provided further that any such sub-tenant or under-raiyat who has failed to make such application within any of the periods specified in this sub-section may make an application within a period of two years from the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973 :] [Inserted vide Orissa Act No. 9 of 1974.][Provided further that any such application made after the expiry of the period specified in this sub-section and before the aforesaid date shall, for all purposes, be treated as an application filed within the period of limitation] [Inserted vide Orissa Act No. 8 of 1967.][Provided further that an application under this sub-section may be made -(a)in the case of sub-tenants and under-raiyat who have been recorded in the record-of-rights on or after the 1st day of October, 1965, within two years from the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975 or the date of final publication of the record of the record-of-rights, whichever is later; and(b)in the case of the successor-in-interest of any recorded subtenant or recorded under-raiyat, within two years from the date of commencement of the said Act or the date of the sub-tenant or under-raiyat, whichever is later.](6)[ While making an order under Sub-section (5), the Revenue Officer shall determine the compensation in respect of the land which shall be an amount calculated at the rate of eight hundred rupees per standard acre of the land, to be paid by sub-tenant, under-raiyat or successor-in-interest to the person (not being the Government or land-holder) mediately or immediately under whom the land was being held prior was receiving in respect thereof and the Revenue Officer shall also apportion the compensation between the persons entitled thereto.] [Substituted vide Orissa Act No. 13 of 1965.](7)The compensation determined under Sub-section (6) shall be payable in the prescribed manner in five equal instalments on such dates as may be fixed by the Revenue Officer.(8)The compensation or any portion thereof which remains unpaid shall be recoverable as arrears of land revenue on application to the Revenue Officer by the person entitled thereto.(8-a) The rights of all persons entitled to receive compensation in accordance with Sub-section (6) shall stand extinguished with effect from the date of conferment of raiyat right under Sub-section (5) and the subtenant, under raiyat or the successor-in-interest, as the case may be, shall be liable to pay fair and equitable rent to be determined by the Revenue Officer in the prescribed manner to the Government or the person, as the case may be, immediately under whom the land is held consequent on such extinguishment.(8-b) The Revenue Officer may also on his own motion, within the period allowed for making an application under Sub-section (2) or under Sub-section (5), take all such action and in such manner as if provided in Sub-sections (2) to (8-a) for declaring the persons or their successor-in-interest, as the case may be, referred to in Clauses (h) and (i) of Sub-Section (1) to be raiyats and the provisions contained Sub-section (2) to (8-a) shall, so far as may be, apply to proceedings under this sub-section.(9)With effect from the date of commencement of this Act no landlord shall be entitled to recover from his raiyat more than a fair and equitable rent and where in any case rent is paid in kind the Revenue Officer on application of either of the parties interested shall determine the fair and equitable rent in the prescribed manner and pending such determination the rent payable shall not exceed one-eight of the gross produce or the equivalent thereof.
