Section 5 in The Orissa Prevention of Land Encroachment Rules, 1985
5. Conditions for reduction or remission of the amount of assessment, penalty or fine.
- Passing an order of remission or reduction of the amount payable by way of assessment or penalty, under Section 6-A, or of fine under Sub-section (3) of Section 7, by the Collector shall be subject to the following conditions, namely ;(i)the Tahasildar shall enquire in detail regarding the movable and immovable properties of the encroacher and submit details thereof to the Sub-divisional Officer alongwith the case records. If the encroacher is a landless person no penalty shall be levied on him. If the extent of land owned by any landless person does not exceed 0.25 standard acre the Collector may either reduce or remit the amount of assessment payable under Section 4, or fine under Sub-section 3 of Section 7 to such a extent as he considers necessary :Provided that in other cases if the encroacher is a member of the Scheduled Caste or Scheduled Tribe, the Collector may in suitable cases reduce or remit the penalty or fine to such extent as he considers necessary;(ii)if encroachment has been made by the same person in more than on place, the encroacher may be allowed remission or reduction of assessment, penalty or fine only in respect of such land as would be legitimately settled in his favour under Section 7;(iii)In the order-sheet of the case record in which assessment, penalty or fine, as the case may be, has been proposed to be reduced or remitted, the Tahasildar shall record a clear report as to whether the encroacher is landless. The extent of land, if any possessed by him, if he belongs to Scheduled Caste/Scheduled Tribe and whether he has means to pay the assessment, penalty or fine, and whether any certificate case was filed and why the same is not recoverable. The said case record shall be submitted through the Sub-Divisional Officer to the Collector who shall pass appropriate order to remit or reduce the assessment, penalty or fine, as the case may be, in the said case record;(iv)if the encroacher has re-encroached after eviction, no such reduction or remission shall be allowed.
