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State of Odisha - Section

Section 45B in The Orissa Land Reforms Act, 1960

45B. [ Lands escaping ceiling proceedings to vest along with surplus lands already vested. [Inserted vide Orissa Act No. 44 of 1976.]

(1)If at any time within six years from the date of finalisation of the statement under Sub-section (3) of Section 44 relating to any person holding land in excess of ceiling area, it is found that some more lands held by such person have escaped inclusion in the above statement due to any reason whatsoever, the Revenue Officer may, after giving the person an opportunity of being heard and after making such enquiry as he deems proper, declare in the prescribed manner, the whole or any part of such lands as are found to be held by the person to be surplus land in relation to him.
(2)All lands declared to be surplus land under Sub-section (1) shall be deemed to have vested in the Government free from all encumbrances alongwith the surplus lands mentioned in the aforesaid statement and the provisions of Sections 45, 45-A and 46 to 51 shall, so far as may be, apply to the lands so vested :Provided that the amount payable in respect of the interest of the person to whom the surplus lands relate shall be subject to reduction at the following rate :
    Rate of reduction
(i) where the land was in occupation of the person for a periodnot exceeding one year from the date of finalisation of thestatement under Section 44 (3); Fifty-fiveper centum
(ii) where the period of such occupation exceeds one year; Fifty-fiveper centumplus five per centum for eachyear or part thereof in excess of one year.
(3)Without prejudice to the provisions of Section 39, the transfer of any land declared to be surplus land under Sub-section (1), by sale, gift or otherwise or the partition thereof, made or effected from the date of finalisation of the statement under Sub-section (3) of Section 44 shall be deemed to be void.]