Section 3(4) in The Orissa Government Land Settlement Act, 1962
(4)[ Notwithstanding anything to the contrary contained in the preceding subsections or in any law or any custom, practice or usage having the force of law-(a)any Khasmahal land or Nazul land, except where such land is used as homestead in any urban area, which has been leased out prior to the appointed date, shall whether the lease, where it had already expired, has been renewed or not prior to such date, be deemed to have been leased out under this Act to the person holding such land whether as a lessee, or as a sub-lessee either under the lessee or under a sub lessee :Provided that-(a)(i)any such lessee who is entitled to receive any rent from sub-lessee under him, or(ii)any such sub-lessee who is entitled to receive any rent from a subsequent sub-lessee under him, under any instrument executed for such lease or sub-lease, as the case may be, shall be paid a compensation by the sub-lessee or subsequent sub-lessee, as the case may be, equivalent to ten times the said rent in the manner as may be prescribed.(b)the compensation so payable shall, if not paid by the concerned sub-lessee or subsequent sub-lessee, as the case may be within the prescribed period, be recoverable from him by the Tahasildar having jurisdiction over the area as arrears of land revenue and be paid to the concerned lessee or sub-lessee, as the case may be, in the manner as may be prescribed;(c)any Gramakantha Parambok land or Abadi land, except where such land is used as homestead in any urban area, which is in occupation by any person for not less than five years as on the appointed date, shall be settled with the said person in such manner, by such officer and subject to such terms and conditions as may be prescribed :Provided that any such land which is situated in an urban area shall be settled on lease-hold basis and in case of other lands settlement shall be on raiyati basis;(d)any Khasmahal land, Nazul land, Gramakantha Parambok land or Abadi land, which is used and in occupation by any person as homestead in any urban area for not less than five years as on the appointed date, shall, subject to the payment of compensation in the case of Khasmahal and Nazul land as mentioned in the proviso to Clause (a), be settled-(i)in the case of Khasmahal or Nazul land, with the person lawfully holding such land on and from the date the compensation is paid ; and(ii)in the case of Gramakantha Parambok and Abadi land, with the person in occupation of such land on and from the appointed date,on permanent basis with heritable and transferable rights.] [Inserted vide Orissa Act No. 1 of 1991.]Explanation-For the purposes of this sub-section, the expression 'appointed date' shall mean the date of publication of the Orissa Government Land Settlement (Amendment) Act, 1990 in the Official Gazette.
