Section 41A in The Orissa Land Reforms (General) Rules, 1965
41A. [ Claims before Tribunals for declaration as privileged raiyats. [Inserted by Notification No. 65926-Re-179/73-R-D.11.10.1973.]
- Declaration of trusts as privileged raiyats under Section 57-A shall be made in the following manner :](i)[ A person competent to act on behalf of a trust shall made an application to the Tribunal appointed under Section 57-A stating that the Trust may be declared as a privileged raiyat in respect of the lands held by such Trust.] [Substituted by Notification S.R.O. No. 216/80-D. 11.2.1980.](ii)The Tribunal shall, as far as may be, follow such procedure for the disposal of applications referred to in Sub-rule (1) above as is laid down for trial of suits in the Code of Civil Procedure, 1908 (5 of 1908).(iii)An application by a trustee in respect of a trust under sub-Clause (e) of Clause (24) of Section 2 shall be in Form No. 20 and shall be verified in the manner prescribed for verification of a plaint under Code of Civil Procedure, 1908 (5 of 1908) by the applicant or his agent duly authorised in that behalf.(iv)The application shall be accompanied by three copies thereof and shall be presented to the Tribunal having jurisdiction either in person or through his authorised agent or sent by registered post with acknowledgement due.(v)[ A copy of the application received by the Tribunal shall be sent to- [Substituted by Notification No. 10100-Re-1-87/79-R-D.11.2.1980.](a)Endowment Commissioner, if the Trust belong to a Hindu Religious Institution;(b)Board of Wakfs, if the same belongs to a Muslim Wakf; and(c)The Collector of District in other case, inviting objection from them, if any](vi)A copy shall also be published at a conspicuous place of the village or villages where the Trust is situated, inviting objections from the persons interested.(vii)Objections, if any, under [clauses (v) and (vi)] [Substituted by Notification No. 10100-Re-1-87/79-R-D.11.2.1980.] shall contain th grounds on which the objector relies and shall be filed in triplicate within thirty days from the date of publication of the application.(viii)[Copies of the objection petition shall be sent by the Tribunal to the Endowment Commissioner or the Board of Wakfs or the Collector of the District as the case may be, and to the Trustee concerned. [Substituted by Notification No. 10100-Re-1-87/79-R-D.11.2.1980.](ix)After the receipt of objections, the Tribunal shall fix a date for hearing and shall give notice thereof to the parties concerned and also to the Endowment Commissioner or Board of wakfs or the Collector, as the case may be, in case such Commissioner or Board or Collector is not already impleaded as a party.(x)Upon the declaration of the Trust as privileged raiyat or the rejection of his claim in that behalf, the Tribunal, shall as soon as may be, intimate the fact to the Collector of the District.]
