Section 7(1) in The Orissa Estates Abolition Act, 1951
(1)On and from the date of vesting -(a)All lands used for agricultural or horticultural purposes which were in khas possession of an intermediary on the date of such vesting;(b)lands used for agricultural or horticultural purposes and held by a temporary lessee or lessees of an Intermediary who owns either as Intermediary of in any other capacity less than thirty three acres of land in total extent situated within the State;(c)Lands used for agricultural or horticultural purposes and in possession of a mortgagee, which immediately before the execution of the mortgage bond were khas possession of such Intermediary, shall notwithstanding anything contained in this Act, be deemed to be settled by the State Government with such Intermediary and with all the share-holders owning the estate and such Intermediary with all the share-holders, shall be entitle to retain possession thereof and hold them as raiyats under the State Government having occupancy rights in respect of such lands subject to the payment of such fair and equitable rent as may be determined by the Collector in the prescribed manner;(d)[ In the case of a trust estate, so much of the waste land and such of the tanks in the possession of the Intermediary, which in both cases were being exclusively used for religious purposes immediately before the date of such vesting, as may be specified. [Inserted vide Orissa Ac! No. 13 of 1975.](i)in respect of trusts governed by the Orissa Hindu Religious Endowments Act, 1951 (Orissa Act 2 of 1952) and the Shri Jagannath Temple Act, 1955 (Orissa Act 11 of 1955), by the Commissioner of Endowments appointed under the Orissa Hindu Religious Endowments Act, 1951.(ii)in respect of trusts governed by the wakfs Act 29 of 1954, by the Board of wakfs constituted thereunder; and(iii)in respect of other religious trusts, by such person or authority as may be specified by the Collector of the district for the purpose :]Provided that where the Intermediaries have come to any settlement among themselves regarding occupation of lands and file a statement to that effect before the Collector the land shall be deemed to have been settled with the Intermediaries according to that settlement :[Provided further that where any land or tank referred to in Clause (d) is deemed to be settled under this Section such settlement shall also be subject to such terms and conditions as may be prescribed] [Inserted vide Orissa Ac! No. 13 of 1975.] :[Provided also that the restriction regarding the total extent of land in the ownership of an Intermediary provided under Clause (b) shall not apply in relation to a trust estate belonging to a deity of a religious institution (not being a math within the meaning of Orissa Hindu Religious Endowments Act, 1951) which vested in the State on or after the 18th day of March, 1974] [Substituted vide Act No. 22 of 1979.] :[Provided also that no land held by a temporary lessee of an Intermediary in respect of which such lessee has acquired the right of a raiyat under the Orissa Land Reforms Act 1960 prior to the commencement of the Orissa Estates Abolition (Amendment) Act, 1978 shall be settled with the Intermediary under Clause (b).] [Inserted vide Act No. 25 of 1978.]
