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State of Odisha - Section

Section 49 in The Orissa Estates Abolition Act, 1951

49. [ Saving in respect of certain rights and pending proceedings. [Inserted vide Orissa Act No. 18 of 1952.]

(1)Nothing contained in this Act shall in any way affect :
(i)any proceedings pending on the date of vesting with respect to the survey and settlement operations under any of the tenancy laws and any other proceedings before any court or Tribunal on the aforesaid date under any of the said laws; and all such proceedings shall continue as if this Act had not come into force;
(ii)any cause of a action arising under any of the tenancy laws prior to the date of vesting and any right of appeal, review or revision arising out of any proceedings with respect to such causes of action; and
(iii)the right of any Intermediary to recover any arrears of rent, cesses or other dues which accrued before the vesting and the same shall, notwithstanding anything contained in this Act be recoverable as hereto fore by the Intermediary entitled thereto :
Provided that no decree for arrears of rent or order for ejectment in default or arrears of rent shall be executed by ejectment of the judgement-debtor from his holdings.
(2)When any Intermediary assigns his arrears of rent, cesses, royalties and other dues, which accrued due to him before the date of vesting, to the state Government on such terms and conditions as may be agreed upon between them, the State Government shall have the power to collect such arrears and dues as arrears of land revenue.] [Substituted vide Act No. 16 of 1976.]