Section 14 in The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Rules, 1973
14. Settlement of rent under Sub-Section (3) of Section 7.
(1)Before proceeding to settlement in respect of land situated in any consolidation area, the Assistant Consolidation Officer may group the villages of such area into different classes by taking into consideration the following factors, namely :(i)situation of the village;(ii)communication and marketing facilities;(iii)depredation by wild animals; and(iv)liability to vicissitudes of season.(2)The Assistant Consolidation Officer shall group the lands in the villages into as many different classes as he deems fit, and assign every plot of land to one such class having regard to the following factors, namely :(i)crop or crops normally grown on the land;(ii)nature of soil;(iii)situation of the land in the village; and(iv)sources of irrigation.(3)In taking into consideration the crop or crops normally grown on land for the purpose of settlement of rent as provided under Clause (ii) of Sub-Section (3) of Section 7, the Assistant Consolidation Officer shall take into account the following factors, namely :(i)the kind and quantity of crop or crops that can be grown during a year;(ii)the number of crops grown in a year;(iii)the profit that can be derived from the land with due diligence and by reasonable means.(4)The Assistant Consolidation Officer, while considering the situation of any land and the nature of the soil, shall take the following factors into consideration, namely :(i)availability of irrigation by flow or lift;(ii)liability to floods or protection therefrom in flood-affected areas;(iii)salinity;(iv)silt deposit;(v)general fertility of the land; and(vi)any other advantages or disadvantages which bear upon the productivity of the land.(5)(a)Subject to restrictions contained in the second proviso to Sub-Section (3) of Section 7, the Assistant Consolidation Officer shall in accordance with the provisions of the above rule and in the light of factors specified in the said Sub-section, settle fare and equitable rent in respect of every landowner interested or every of land-owners jointly interested in land, if they are not entitled to hold such interest without payment of rent :Provided that where in any consolidation area, settlement of rent has been made after the 31st day of December, 1950, under any law for the time being in force, in course of general settlement of rent in the area, the rent so settled shall be deemed to.be the rent settled under this rule :Provided further that in respect of any consolidation area in which rent has been settled before the 31st day of December, 1950 under any law for the time being in force and Government have ordered that no settlement of rent shall be made under dub-Section (3) of Section 7 of the Act, the Assistant Consolidation Officer or the Consolidation Officer, as the case may be, shall not settle rent and the rent already settled prior to the said date under the provision, as aforesaid, shall be deemed to be the rent settled under this rule.(b)The rent settled or deemed to have been settled under Clause (a) above, shall, subject to modification, if any, made in accordance with the provisions of the Act, be deemed to be the rent payable for the land, and the said rent shall be entered in the Land Register prepared under Clause (b) of Sub-Section (2) of Section 6.(c)The rent payable by the land owner in respect of his holding after consolidation shall be equal to the rent payable in respect of his holding before consolidation subject to reduction, if any, made under Section 21.(d)When the rent is settled or made to have settled under this rule, it shall take effect from the beginning of the agricultural year next after the date of coming into force of the Final Consolidation Scheme under Sub-Section (2) of Section 22, unless Government, by order, prescribe any other date for the purpose :Provided that the rent payable under any law for the time being in force, shall continue to be so payable until after the settled rent as aforesaid, takes effect under the provisions of this clause.
