Section 5 in The Orissa Estates Abolition Act, 1951
5. [ Consequences of vesting of an estate in the State.] [This Section does not apply to Raiyati lands.]
- Notwithstanding anything contained in any other law for the time being in force or in any contract, on the publication of the notification [in the Gazette] [Inserted vide Orissa Act No. 18 of 1952.] under Sub-Section (1) of Section 3 [or Sub-section (1) of Section 3-A] [Inserted vide Orissa Act No. 15 of 1956.] [or from the date of the execution of the agreement under Section 4 as the case may be] [Inserted vide Orissa Act No. 18 of 1952.] the following consequences shall ensue, namely :(a)Subject to the subsequent provisions of this Chapter the entire estate including all communal lands and porambokes, other non-raiyati lands, waste lands, trees, orchards, pasture lands, forests, mines and minerals (whether discovered or undiscovered, or whether being worked or not inclusive of rights in respect of any lease of mines and minerals) quarries, rivers and streams, tanks and other irrigation works, water channels, fisheries, ferries, hats and bazars, and building or structures together with the , land on which they stand shall vest absolutely in the State Government free from all encumbrances and such Intermediary shall cease to have any interest in such estate other than the interests pressly saved by or under the provisions of this Act;[Explanation - "Encumbrance" means a mortgage of or a charge on any estate or part thereof and includes any right in land or other immovable property comprised in an estate, but does not include an intermediary-interest or the interest of a raiyat or an under-raiyat.] [Inserted vide Orissa Act No. 15 of 1956 with retrospective effect from date of commencement of the Act.](b)[All rents, ceases, royalties and other dues] accruing in respect of lands comprised in such estate on or after the date of vesting shall be payable to the State Government and not to the outgoing intermediary and any payment made in contravention of this clause shall not be valid discharge, [and all such rent, cesses, royalties and other dues shall be recoverable as arrears of land revenue] [Substituted vide Orissa Act No. 18 of 1952.] :][Provided that where the date of vesting falls within the period to which the dues relate only such proportion of the dues shall be payable as the period beginning with the said date and ending with the period aforesaid bears to the whole of that period :] [Inserted vide Orissa Act No. 18 of 1952.]Provided further that any part of such dues appropriated by the intermediary beyond what may be found due to him in accordance with the provisions of this clause may be recovered by the State Government as arrears of land revenue [or by the deduction of the amount from the compensation payable to such Intermediary.] [Inserted vide Orissa Act No. 2 of 1961.](c)[* * *] [Omitted vide Orissa Act No. 18 of 1952.](d)All arrears of revenue and cesses remaining lawfully due on the date of vesting [and all other dues payable to the State Government] [Inserted vide Orissa Act No. 15 of 1956.] in respect of any such estate and [* * *] [Omitted vide Orissa Act No. 15 of 1956.] recovered as arrear of land revenue shall, after such date, be recoverable and continue to be so recoverable from the out going Intermediary by whom they were payable [* * *] [Omitted vide Orissa Act No. 16 of 1962.] :[Provided that all arrears and other dues as aforesaid together with interest, if any, as may be lawfully due thereon on the date of vesting shall on that date stand adjusted towards the amount of compensation payable to such Intermediary.] [Inserted vide Orissa Act No. 16 of 1962.][Savings - Any excess amount deducted on account of interest in accordance with Clause (d) of Section 5 of the Principal Act, as it stood prior to the date of commencement of this Act, shall, on application made in that behalf by the concerned Intermediary within six months from the aforesaid date, by refunded to him.] [Transitory provisions of Orissa Act No. 16 of 1962.][Explanation - The expression, "arrears of revenue and case" in relation to an estate vested in the State shall mean the amount of land revenue and the amount of cess in respect of such estate for any period prior to the date of vesting, which amount shall bear the same proportion to the total amount of land revenue, or as the case may be, to the total amount of cess, of such estate payable for the whole year as the period prior to the date of vesting to the whole year.] [Transitory provisions of Orissa Act No. 16 of 1962.](e)No suit shall lie in any Civil Court of any money due from such Intermediary the payment of which is secured by a mortgage of or is a charge on such estate and all suits, executions and other proceedings in respect of the mortgage or charge which may be pending on the date of vesting shall be [dropped] [Inserted vide Orissa Act No. 23 of 1957.] :[Provided that in cases of suits, executions and other proceedings referred to above in which the validity of the claim under the mortgage or the charge is disputed by the Intermediary the said Court shall, instead of dropping such suits, hear and dispose them of.] [Inserted vide Orissa Act No. 23 of 1957.](f)No such estates shall be liable to attachment or sale under the processes of any Court and any order of attachment passed in respect of such estate prior to the date of vesting shall, with effect from the date of vesting, cease to have any effect;(g)The Collector or any other Officer appointed by him shall take charge of such estate and of all interests vested in the State Government under the Section;(h)Where, by operation of this Act, the right to the possession of any estate or any part thereof vest in the State Government, the Collector may, by written order served in the prescribed manner, require any person in possession of such estate or any part thereof to give up possession of the same by a date specified in the order, and it shall be competent for the Collector to take, or cause to be taken, such steps as. in the opinion of the Collector, may be necessary for securing compliance with the said order or preventing any breach of the peace.[The Collector shall also determine the amount if any payable by such person on account of any damage, destruction or deterioration in value of such estate or part thereof as a result of such possession after the date of vesting and the amount so determined shall be realised as arrears of land revenue :Provided that no order for payment of the amounts aforesaid shall be passed unless the person concerned has been given a reasonable opportunity of being heard.] [Inserted vide Orissa Act No. 15 of 1956.](i)Where the Collector is satisfied in respect of the settlement or lease of any land or mines or minerals comprised in such estate or the transfer of any kind of interests in any building used primarily as office or cutchery for the collection of rent of such estate or as rest houses for estate servants on duty or as golas for storing rent in kind or part thereof, made or created at any time refer the 1st, day of January, 1946, that such settlement, lease or transfer was made with the object of defeating any provisions of this Act or obtaining higher compensation thereunder, he shall have power to make enquiries in respect of such settlement, lease or transfer and may, after giving reasonable notice to the parties concerned to appear and be heard, set aside any such settlement, lease or transfer, dispossess the person claiming under it and take possession of such property in the manner provided in Clauses (h) on such terms as may appear to him to be fair and equitable :Provided that in case where the Collector decides not to set aside any such settlement, lease or transfer he shall refer the case to the board of Revenue for confirmation of the settlement, lease or transfer and the orders passed by the Board of Revenue in this behalf shall be final :[Provided further that the period of limitation for the realisation by the State Government of dues in respect of such of the leases, settlements, or transfers as have been the subject-matter of an inquiry under this Clause, shall, with respect to the period after the date of vesting, be three years from the date of the order setting aside or confirming the same, made by the Collector or by the Board of Revenue as the case may be, unless a longer period of limitation is applicable in respect of such dues under any other law for the time being in force in relation to such lease, settlement or transfer.] [Inserted vide Orissa Act No. 15 of 1956](j)After serving a notice in writing on the Intermediary for the production of all such accounts, registers, maps, plans and other documents and papers as are in his opinion necessary for the administration and management of the Estate and if such notice is not complied with within the time fixed or such further time as the Collector may allow, it shall be lawful for the Collector or any Officer, not being below the rank of a Sub-Deputy Collector authorised by him in writing in this behalf, to enter upon any land or building with such assistance as he considers necessary and seize and take possession of all such accounts, registers, maps, plans and such other documents and papers and the Intermediary shall get a copy of the list of such papers seized and may also have access to the papers if he needs them for preferring his claim for compensation.(k)[ with effect from the date of vesting or the date of commencement of the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956), which ever date comes later, all contracts for gathering of produce from land or for collection of produce or fish from forests of fisheries or collection of fees or tolls from hats, bazars, ferries and such other sairat interests lying within the estate entered in to between an Intermediary and any other person shall, notwithstanding anything in any judgement, decree or order of any Court, become void : [Inserted vide Orissa Act No. 15 of 1956]Provided that where the person concerned has enjoyed his rights under any such contract during any period after the date of vesting but before the date of commencement of the aforesaid Act the Collector shall order a deduction from the total amount of compensation payable to the Intermediary an amount which bears the same proportion to the value of the total benefit contracted for by the Intermediary as the aforesaid periods bears to the total period of such contract and the amount to be so deducted shall be determined by the Collector after such inquiry as the State Government may by rules prescribe :Provided further that no suit or other legal proceeding shall lie or shall be proceeded with against the State for any damage caused or likely to be caused in relation to any such contract in respect of the period aforesaid by virtue of any thing done or purporting to have been done in pursuance of the provisions of this Act or any rules made thereunder.]
