Section 4 in The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972
4. Effect of notification.
- Upon the publication of the notification issued under sub-section (1) of section 3 in the Official Gazette, the consequences as hereinafter set forth, shall, subject to the provisions of this Ac, ensure in the consolidation area till the publication of notification under section 41 or sub-section (1) of section 5, as the case may be-(1)the consolidation area shall be deemed to be under consolidation operations and the duty of preparation of record-of-rights and map of each village comprised in the are shall be performed by the Assistant Consolidation, Officer who shall prepare them in the manner hereinafter provided;(2)notwithstanding anything contained in any law for the time being in force, no land owner, except with the permission in writing of the Consolidation Officer previously obtained, shall, after publication of the notification under [sub-section (1)] [Substituted by the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land (Amendment) Act, 1979, (Orissa Act 31 of 1979) s. 3(a)(i) w.e.f. 23rd May 1979.] of section 13, transfer by way of sale, gift, mortgage or exchange any agricultural land, other than the categories of land mentioned in the explanation to clause (f) of section 2; [and no document purporting to effect any such transfer shall be registered by a registering offer appointed under the Registration Act, 1908 (16 of 1908) unless he document is accompanied by a certified copy of the aforesaid written permission;] [Added by the Orissa Consolidation or Holdings and Prevention of Fragmentation of Land (Amendment) Act, 1979 (Orissa Act 31 of 1979), s. 3(a)(ii), w.e.f 22nd October 1979.](2a)[ no land-owner shall, after the publication of the Map and Land Register under Section 9, convert any land in the unit to be used in any manner so as to render it unsuitable for consolidation without obtaining the permission in writing of the consolidation officer] [Inserted by Orissa Consolidation or Holdings and Prevention of Fragmentation of Land (Amendment) Act, 1979 (Orissa Act 31 of 1979),, s. 3(b), w.e.f. 23rd May 1979.](3)every proceeding relating to Survey, preparation and maintenance of record-of-rights and settlement of rent shall stand abated after publication of the notification under sub-section (1) of section 6; and(4)every suit and proceedings for declaration of any right or interest in any land situate within the consolidation area in regard to which proceedings could be or ought to be started under this Act, which is pending before any Civil Court, whether of the first instance or appeal, reference or revision shall, on an order being passed in that behalf by the Court before which such suit or proceeding is pending,stand abated;Provided that no such order shall be passed without giving the parties concerned an opportunity of being heard;[Provided further that on the issue of a notification under sub-section (1) of section 5 in respect of the said area or part thereof -(a)every order passed by the Court under clause (4) in relation to the lands situate in such area or part thereof, as the case may be, shall stand vacated; and(b)all such suits and proceedings as are referred to in clause (3) or clause (4) which related to lands situate in such area or part thereof, as the case may be, shall be proceeded with and disposed of in accordance with the law as if they had never abated;]Provided also that such abatement shall be without prejudice to the right of the person affected to agitate the right or interest which formed the subject matter of the said suit or proceeding, before the proper consolidation authority in accordance with the provisions of this Act or the rules made there under.
