Section 8A in The Orissa Estates Abolition Act, 1951
8A. [ Filing of claims under Sections 6, 7, 8 and dispute relating thereto.] [Inserted vide Orissa Act No. 15 of 1956.]
(1)The Intermediary shall file his claim in the prescribed manner for settlement of fair and equitable renting respect of lands and buildings which are deemed to be settled with him under Section 6 or 7 before the Collector within [six months] [Substituted vide Orissa Act No. 5 of 1963.] from the date of vesting.[(1-A) Any person who is discharged from the conditions of village service under Sub-Section (2) of Section 8 may file his claim before the Collector in the prescribed manner for settlement of the land held by him under the conditions of village service within six months from the date of commencement of the Orissa Estates Abolition (Amendment) Act, 13 of 1986.] [Inserted vide Orissa Act No. 23 of 1957.](2)Any person who is discharged from the conditions of personal service under Sub-Section (3) of Section 8 may file his claim in the prescribed manner before the Collector within six months from the date of vesting for settlement of the lands held under the terms and conditions of such service:[Provided that the Collector shall, as soon as may be after any such claim under Sub-Section (1) or Sub-Section (2) is filed, give public notice thereof by beat of drum in the appropriate locality and by placards posed at such conspicuous places as he deemed fit, inviting objections from persons interested:] [Inserted vide Orissa Act 13 of 1986, see, Orissa Gazette Extraordinary No. 575 dated 17.5.1986.][Provided further that in respect of estates which have vested in the Orissa Government prior to the date of commencement of the Orissa Estates Abolition (Second amendment) Act, 1957, (Orissa Act 3 of 1958), the claims mentioned in Sub-sections (1) and (2) shall be filed before the Collector within a period or (six months) from the said date :Provided also that the State Government may further extent the period, specified in the last preceding proviso up to a maximum period of one year for any sufficient cause in any case or class of cases] [Inserted vide Orissa Act 3 of 1958.] :[Provided also that claims on behalf of an Intermediary in respect of any estate which has vested in the State Government or after the 18th, date of March, 1974 but before the date of commencement of the Orissa Estate Abolition (Amendment) Act, 1974, may where such claim relates to a trust estate, be filed before the Collector within a period of six months from the date of commencement of the said Act :Provided also that any such claim as aforesaid which has been filed after the 18th day of September, 1974 and before the date of commencement of the said Act shall, for all purposes, be treated as a claim filed within the period of limitation] [Inserted vide Orissa Act No. 8 of 1975.] :[Provided also that where the Intermediary considers it necessary to file a claim, or as the case may be, a revised claim as a consequence of the amendment of this Act by the Orissa Estates Abolition (Amendment) Act, 1978, he shall file such claim or revised claim within one year from the commencement of the said Act] [Inserted vide Orissa Act No. 25 of 1978.].(3)On the failure of filing the claims within the period specified under this Section the provisions of Clause (b) of Section 5 shall, notwithstanding anything to the contrary in Sections 6, 7, and 8, apply as if the right to possession of the lands or buildings or structures, as the case may be, had vested in the State government by the operation of this Act and thereupon the right to make any such claim a aforesaid shall stand extinguished :Provided that when such failure is due to the pendency of proceedings in a Court of law in which the validity of any notification under Sections 3 or 3-A is in dispute; the State Government may be order specially made in that behalf, extend the period for filing of the claim.(4)Any person disputing the claim as to the extent or possession of such lands or buildings or structures as the case may be, may file an objection before the Collector within three months from the date of the [Public notice] [Substituted vide Orissa Act No. 23 of 1957.] under Sub-Section (2) of such claim and the Collector shall prior to the determination of rent under Sections 6, 7, and 8, enquire into the matter in the manner prescribed and pass such order as he deems just and proper.(5)[ Without prejudice to the provisions contained in Sub-Section (4) where a claim in respect of any estate is made by the Intermediary on the ground that it is a trust estate, the Collector shall, whether or not any objection is filed under the said Sub-Section make a reference to the Tribunal constituted under Section 8-D for determining whether the estate is trust estate or not and shall act according to the orders passed by the said Tribunal :Provided that in the case of any estate referred to in the proviso to Clause (oo) of Section 2, no such reference shall be necessary.] [Inserted vide Orissa Act No. 13 of 1975.]
