Section 32 in The Orissa Betterment Charges Rules, 1958
32. Application for transfer of liability as required under Section 12 of the Act and manner of disposal.
- An application for transfer of liability under Section 12 may be made to the officer in charge of subdivision in which the land is situate and shall, as far as possible, be in Form XV. It shall be accompanied by the transfer deed or the copy of decree or judgement or order under which transfer of interest in the land was effected.(b)The Sub-divisional Officer or the officer not below the rank of a Sub-Deputy Collector authorised by him shall give notice to the patties and to such other persons whose interests may, in his opinion, be affected thereby to appear on a date and at a place specified in the notice for an enquiry.On the date fixed for enquiry and on such further date to which the same may be adjourned he shall hear the application and prepare a memorandum of evidence adduced. The Officer authorised to make the enquiry, as soon as may be after completion of the enquiry, shall submit his report along with the records of enquiry to the Sub divisional Officer. On the receipt of the records of enquiry, the Sub-divisional Officer shall, if he considers that any further enquiry is necessary, himself make such enquiry or remit the case to the enquiring officer for making such further enquiry specifying the points on which such enquiry is necessary. On the completion 'of such further enquiry by himself or on the receipt of report of the enquiring officer, the Sub-divisional Officer shall record an order thereon.(c)If the application is allowed wholly or partly, a declaration in Form XVI shall be prepared by the Sub-divisional Officer and published in the village where the land is situate. The copies of the said declaration shall be served on the applicant and the person to whom the liability is transferred wholly or in part.
