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State of Odisha - Section

Section 4 in The Orissa Government Land Settlement Rules, 1983

4. De-reservation principles.

(1)Any land which has been reserved under Clause (a) of Sub-section (1) of Section 3 or recorded as Gochar may be de-reserved by any officer not below the rank of Collector authorised by the State Government in that behalf. In making such de-reservation the following procedure shall be followed, namely :
(i)"A notice inviting objection to the proposal for de-reservation specifying particulars of the area to be de-reserved and its situation such as village, Grama Panchayat and town, khata or holding and plot number and extent shall be published in the manner prescribed in Sub-rule (6) of Rule 5. A period of thirty days shall be allowed for filing objections, if any, before the concerned Tahasildar. If during the said period no objection is received, the Tahasildar shall submit his proposal for de-reservation giving justification for the same.
(ii)in case of objections filed before the Tahasildar, he shall hear the parties on a date fixed by him and, after such hearing, shall forward his recommendation to the authorised officer for orders. On receipt of recommendation from the Tahasildar the authorised officer may, on being satisfied with the grounds advanced by the Tahasildar for de-reservation, accept and modify to the extent, if he considers necessary or reject the same. The orders passed by the authorised officers shall be communicated to the concerned Tahasildar. When the authorised officer passes orders for dereservation such orders shall be published in the manner prescribed in Sub-rule (5) of Rule 5. The Tahasildar shall thereafter make necessary corrections in the record-of-rights.
(2)While de-reserving any Government land recorded as Gochar the authorised officer shall assess the reasonable requirement for the purpose of Gochar for use by the community in the following manner :
(i)In every surveyed village which is not included within the limits of an urban area, five per cent of the effective area of the village shall be set apart for pasturage (Gochar) subject to availability of suitable Government land.
(ii)In every surveyed village, land for pasturage shall be set apart at the rate of one acre for every fourteen inhabitants of the village, and if the village is non-inhabited; reservation for pasturage, shall be made at the rate of one acre for every three persons having land in the village, subject to availability of suitable Government land:
Provided that the above provision shall not apply to Gochar situated in an urban area.