Section 7 in The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972
7. Power relating to partition of joint holding amalgamation of holding and to determine rent and cess and effect change in the village boundaries.
(1)Upon the publication of the notification issued under sub-section (1) of section 3, no partition of a holding lying in the consolidation area under section 19 of the Orissa Land Reforms Act, 1960 (Orissa Act 16 of 1960), shall be effected by the Revenue Officer till the publication of the notification under section 41 or sub-section (1) of section 5, as the case may be and the Assistant Consolidation Officer and the Consolidation Officer shall, in addition to the powers vested in them under this Act, have powers to effect partition of joint holdings on application of any party interested not withstanding anything to the contrary in any other law for the time being in force;[Provided that a partition on the basis of specific parcels of and may, on an application made in that behalf, be effected-(a)where all the concerned land-owners agree, by the Assistant Consolidation Officer of the Consolidation Officer, and;(b)where all the concerned land-owners do not agree, by the Consolidation Officer;Provided further that except where all the concerned land-owners agree, a partition on the basis of specific parcels of land shall not be effected without giving the parties concerned a reasonable opportunity of being heard.] [Substituted by the Orissa Consolidation of Holdings and Prevention of Fragmentation Land (Amendment) Act, 1979,(Orissa Act 31 of 1979) s. 5 with effect from, the 23rd May 1979.](2)The Assistant Consolidation Officer and the Consolidation Officer shall have powers while disposing of objections under sections 10 and 11 to entertain requests for amalgamation of holdings of like tenure on such terms as may be agreed to by the concerned land-owners and to pass orders effecting such amalgamation.(3)[ The Assistant Consolidation Officer and the Consolidation Officer shall, notwithstanding anything contained in any other law for the time being, in force, but subject to the rules made in this behalf, have power to settle the fair and equitable rent and coss payable in respect of any land in accordance with the provisions hereinafter contained.] [Substituted by the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land (Amendment) Act, 1976 (Orissa Act 15 of 1976) s. 4(a)](3a)Where the land is used for agriculture, such settlement shall be made having regard to-(i)the average price of crops during the preceding ten years other than the years which the Government may notify to be or to have been either famine years or abnormal years in respect of any local areas;(ii)the crop or crops normally grown on such land;(iii)the situation of the land and the nature of the soil; and(iv)the maximum rent assessed on land of similar quality and productivity elsewhere in the State:Provided that while considering the situation of the land and the nature of the soil, the said Officer shall take the following factors into consideration:-(a)availability of irrigation facilities;(b)salinity of the soil;(c)susceptibility to floods and deposit of silt;(d)general fertility of the land; and(e)such other factors as may be prescribed.Explanation. - For the purpose of this sub-section-(a)"agriculture" includes raising of crops, grass or garden produce, horticulture or use of land as pasture or forest or for any other purpose ancillary to agriculture other than residential purpose;(b)the cultivable waste land of a tenant shall be deemed to be land used for agriculture; and(c)the crop or crops which could have been grown in an land referred to in the preceding clause is any land which is used for any purpose ancillary to agriculture shall be deemed to be the crop or crops normally grown on such land.(3b)Where the settlement of fair and equitable rent and cess is to be made in respect of any land used for any purpose other than agriculture including all kinds of homestead lands in urban and rural areas of the State, such settlement shall be made having regard to-(a)the situation of the land;(b)purpose for which it is used;(c)Communication and marketing facilities; and(d)market value of the land.(3c)The rates of rent and cess so fixed shall be deemed to be the rent and cess payable for the land:Provided that Government may, subject to such conditions as they may impose, direct remission or reduction of the fair and equitable rent so fixed in respect of any which is owned by any religious or charitable institution of a public nature and is utilised for the promotion of education, health, culture, fine arts sports or games for social welfare and the cess payable in respect of the land shall be remitted or reduced accordingly:Provided further that no such settlement of rent or cess shall be made in respect of any land the rent whereof has been settled after the 31st day of December 1950.(4)Notwithstanding anything contained in any other law for the time being in force, the Director of Consolidation shall have power to effect changes in the boundary of an existing village and to constitute a new village:[Provided that the Director of Consolidation shall, if he deems it necessary for the purpose of this sub-section, be competent to effect changes in the boundary of a village situated outside the consolidation area.] [Inserted by the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land (Amendment) Act, 1976 (Orissa Act 15 of 1976), s. 4(b).]
