Section 7(3a) in The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972
(3a)Where the land is used for agriculture, such settlement shall be made having regard to-(i)the average price of crops during the preceding ten years other than the years which the Government may notify to be or to have been either famine years or abnormal years in respect of any local areas;(ii)the crop or crops normally grown on such land;(iii)the situation of the land and the nature of the soil; and(iv)the maximum rent assessed on land of similar quality and productivity elsewhere in the State:Provided that while considering the situation of the land and the nature of the soil, the said Officer shall take the following factors into consideration:-(a)availability of irrigation facilities;(b)salinity of the soil;(c)susceptibility to floods and deposit of silt;(d)general fertility of the land; and(e)such other factors as may be prescribed.Explanation. - For the purpose of this sub-section-(a)"agriculture" includes raising of crops, grass or garden produce, horticulture or use of land as pasture or forest or for any other purpose ancillary to agriculture other than residential purpose;(b)the cultivable waste land of a tenant shall be deemed to be land used for agriculture; and(c)the crop or crops which could have been grown in an land referred to in the preceding clause is any land which is used for any purpose ancillary to agriculture shall be deemed to be the crop or crops normally grown on such land.
