Section 3 in The Orissa Government Land Settlement Act, 1962
3. Reservation and settlement of Government land.
- [(1) Notwithstanding anything to the contrary in any law or any custom, practice or usage having the force of law, Government shall not be deemed to be debarred from exercising all or any of the following powers in respect of Government lands, namely :] [Re-numbered vide Orissa Act No. 5 of 1974](a)to reserve such portion of the lands as they deem proper for the purpose of being used as house-sites or for any communal or industrial purpose or for any other purpose whatsoever(b)to charge premium for settlement of any such land(c)to charge rent for the lands so settled ;(d)to charge fees on applications for settlement of lands and such other fees as may be necessary for or incidental to the disposal of such fees shall be payable in the prescribed manner ; and(e)[ to authorise any officer of Government not below the rank of a Tahasildar to dispose of applications for settlement of lands and to settle the same in such manner as may be prescribed and subject to the provisions of Sub-sections (2) and (3) :] [Substituted vide Orissa Act No. 5 of 1974][Provided that the Government land recorded as Gochar shall be reserved for any purpose mentioned in Clause (a) or settle under Clause (e) without being dereserved in accordance with the provisions contained in Section 3-A.] [Inserted vide Orissa Act No. 48 of 1975.](2)[ In the settlement of lands under Clause (e) of Sub-section (1). Seventy per centum thereof shall be settled with the persons belonging to the Scheduled Tribes and the Scheduled Castes in proportion to their respective populations in the village in which the lands are situated and the remaining lands shall be settled with the other persons not belonging to the aforesaid categories :Provided that if sufficient number of persons belonging to the aforesaid categories are not available in the village in which the lands are situated, or being available, are not willing to accept the settlement of land so much of the land reserved for the said persons as cannot be settled with them may be settled with other persons.] [Inserted vide Orissa Act No. 48 of 1975.][(2-a) The maximum extent of land to be settled under this section with any person for purposes of homestead shall be such as may be determined by Government from time to time.] [Inserted vide Orissa Act No. 18 of 1981.](3)[ The settlement of land under this section shall be made in the following order of priority, namely :(a)co-operative farming societies formed by landless agricultural labourers;(b)any landless agricultural labourers of the village in which the land is situate or of any neighbouring village;(c)ex-servicemen or members of the Armed Forces of the Union, if they belong to the village in which the land is situated;(d)raiyats who personally cultivate not more than one standard acre of [* * *] Land ;Explanation-In this clause the expression "Standard Acre" has the meaning assigned to it in the Orissa Land Reforms Act 16 of 1960 ; and(e)in the absence of person belonging to any of the foregoing categories, any other person.](4)[ Notwithstanding anything to the contrary contained in the preceding subsections or in any law or any custom, practice or usage having the force of law-(a)any Khasmahal land or Nazul land, except where such land is used as homestead in any urban area, which has been leased out prior to the appointed date, shall whether the lease, where it had already expired, has been renewed or not prior to such date, be deemed to have been leased out under this Act to the person holding such land whether as a lessee, or as a sub-lessee either under the lessee or under a sub lessee :Provided that-(a)(i)any such lessee who is entitled to receive any rent from sub-lessee under him, or(ii)any such sub-lessee who is entitled to receive any rent from a subsequent sub-lessee under him, under any instrument executed for such lease or sub-lease, as the case may be, shall be paid a compensation by the sub-lessee or subsequent sub-lessee, as the case may be, equivalent to ten times the said rent in the manner as may be prescribed.(b)the compensation so payable shall, if not paid by the concerned sub-lessee or subsequent sub-lessee, as the case may be within the prescribed period, be recoverable from him by the Tahasildar having jurisdiction over the area as arrears of land revenue and be paid to the concerned lessee or sub-lessee, as the case may be, in the manner as may be prescribed;(c)any Gramakantha Parambok land or Abadi land, except where such land is used as homestead in any urban area, which is in occupation by any person for not less than five years as on the appointed date, shall be settled with the said person in such manner, by such officer and subject to such terms and conditions as may be prescribed :Provided that any such land which is situated in an urban area shall be settled on lease-hold basis and in case of other lands settlement shall be on raiyati basis;(d)any Khasmahal land, Nazul land, Gramakantha Parambok land or Abadi land, which is used and in occupation by any person as homestead in any urban area for not less than five years as on the appointed date, shall, subject to the payment of compensation in the case of Khasmahal and Nazul land as mentioned in the proviso to Clause (a), be settled-(i)in the case of Khasmahal or Nazul land, with the person lawfully holding such land on and from the date the compensation is paid ; and(ii)in the case of Gramakantha Parambok and Abadi land, with the person in occupation of such land on and from the appointed date,on permanent basis with heritable and transferable rights.] [Inserted vide Orissa Act No. 1 of 1991.]Explanation-For the purposes of this sub-section, the expression 'appointed date' shall mean the date of publication of the Orissa Government Land Settlement (Amendment) Act, 1990 in the Official Gazette.
