Section 4 in The Orissa Prevention of Land Encroachment Act, 1972
4. Levy of assessment of land unauthorisedly occupied.
- Any person unauthorisedly occupying any land which is the property of Government shall be liable to pay by way of assessment -(i)if the land so occupied was at any time assessed to rent, the full assessment for the whole period of occupation or a part thereof proportionate to the area occupied, as the case may be, provided that for special reasons [the Tahasildar] [Substituted by Act 4 of 1975.] may impose the full assessment of rent or any lesser sum irrespective of the area occupied; or(ii)if the land so occupied was not at any time assessed to rent, an assessment on the area occupied calculated for the same period at the rate imposed on lands of a similar description and with similar-advantages in the vicinity or when no such prevailing rate exists, in such manner as may be prescribed [* * *] [Omitted by Act 4 of 1975.] :[Provided that where the person unauthorisedly occupying such land is a landless person, the amount payable by him by way of assessment shall in no case exceed an amount equal to five times the annual assessment:Provided further that notwithstanding anything in the tenancy laws for the time being in force, payment of assessment under this sections shall not confer any right of occupancy.] [Substituted by Act 25 of 1976.]Explanation. - For the purpose of the section occupation for an incomplete portion of an agricultural year may be deemed to be occupation for the whole of such year.
