Section 3B in The Orissa Betterment Charges Act, 1955
3B. [ Reversion of land of members of Scheduled Tribes which was transferred by fraud . [Inserted by Orissa Regulation ,1 of 2002 vide Orissa Gazette Extraordinary No. 1429 dated 4.9.2002 (Notification No. 11714 dated 4.9.2002).]
(1)Every person who, on the date of commencement of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribe) Amendment Regulation, 2000 (herein after referred to in this Section as the Amendment Regulation of 2000), is in possession of agricultural land which belonged to a member of a Scheduled Tribe at any time during the period commencing on the 4th October, 1956 and ending on the date of commencement of the Amendment Regulation of 2000 shall, within two years of such commencement, notify to the Sub-Collector in such form and in such manner as may be prescribed, all the information as to how he has come in possession of such land.(2)If any person fails to notify the information as required by Sub Section (1) within the period specified therein it shall be presumed that such person has been in possession of the agricultural land without any lawful authority and the agricultural land shall on the expiration of the period aforesaid, revert to the person to whom it originally belonged and if that person be dead, to his heirs.(3)On receipt of the information under Sub-Section (1), the Sub-Collector shall make such enquiry as may be necessary about all such transactions of transfer and if he finds that the member of Scheduled Tribe has been defrauded of his legitimate right he shall declare the transaction null and void and-(a)where no building or structure has been erected on the agricultural land prior to such finding, pass an order revesting the agricultural land in the transferor and if he be dead, in his heirs;(b)where any building or structure been erected on the agricultural land prior to such finding, he shall fix the price of such land in accordance with the principles laid down for fixation of price of land in the Land Acquisition Act, 1894 and order the person referred to in Sub-section (1) to pay to the transferor the difference, if any, between the price so fixed and the price actually paid to the transferor :Provided that where the building or structure has been erected after the commencement of the Amendment Regulation of 2000, the provisions of Clause (b) shall not apply :Provided further that fixation of price under Clause (b) shall be with reference to the price on the date of registration of the case before the Sub-Collector.]
