Section 9 in The Orissa Bhoodan and Gramdan Rules, 1972
9. Filing, hearing, and disposal of objections.
(1)The objections under Sub-section (1) of Section 13 shall be in writing and shall be filed by the parties personally or through their agents duly authorised before the Tahsildar. The objection petition shall be exempted from Stamp-duty.(2)The investigation to be conducted by the Tahslidar under Subsection (3) of Section 13 shall be of summary nature. The Tahsildar shall issue notice to the parties concerned to appear before him at a specified time and place for conducting the investigation. The Tahsildar if he so thinks may himself or through some of his subordinate officers conduct local enquiry. While making investigation the Tahsildar shall ascertain whether-(a)the donor making the declaration has prima facie right, title and interest in the land specified in the declaration;(b)the donor is legally competent to make the donation;(c)the land is vacant;(d)there are no encumbrances on the land; and(e)there are no arrears of land revenue or rent due on the land :Provided that in those cases where the land donated is subject to subordinate tenure or is in the occupation of any person other than the donor, it shall be deemed to be vacant, if the subordinate tenure holder or the person in occupation agrees in writing to the donation of the land and is prepared to vacate in favour of the grantee or the Samiti :Provided further that if the person in actual possession is not prepared to vacate the land in favour of the grantee or the Samiti the donation may be accepted subject to the right of the subordinate tenure or occupier.(3)The Tahaildar shall, before hearing the objections give a notice in Form V to the declarant and the objector free of charge and send copies thereof to the Grama Panchayat in which the land is situate.(4)The Tahsildar after considering all the objections filed under Sub-rule (1) and after making an order accepting the declaration shall furnish a copy of the same to the Samiti within a week from the date of the order of acceptance for its confirmation.
