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State of Odisha - Section

Section 79 in The Orissa Tenancy Act, 1913

79. Order for appraising or dividing produce.

(1)Where rent is taken by appraisement or division of the produce or is a fixed quantity of the produce -
(a)if either the landlord or the tenant neglects to attend, either personally or by agent, at the proper time for making the appraisement or division, or
(b)if there is dispute about the quantity, value or division of the produce.
the Collector may, on the application of either party, and on his depositing such sum on account of expenses as the Collector may require, make an order appointing such officer as he thinks fit to appraise or divide the produce.
(2)The Collector may, without such an application, make the like order in any case where, in the opinion of the District or Sub-divisional Magistrate, the making of the order would be likely to prevent a breach of the peace.
(3)Where a Collector makes an order under this Section, he may, by order, prohibit the removal of the produce until the appraisement or division has been effected; but an order made by the Collector under this Sub-section shall not prevent the execution of any order passed by the Court for the distraint of the tenant's crops.
(4)Every officer appointed by the Collector under Sub-section (1) to appraise or divide the produce shall, for the purposes of the Indian Penal Code, 1860 (45 of 1860) be deemed to be a public servant.