Section 60 in The Orissa Survey and Settlement Rules, 1962
60. Simultaneous proceedings relating to survey, preparation of record-of-rights and settlement of rent.
- Where an order has been made under Clause (c) of Sub-section (1) of Section 36 there shall be the survey preparation of record-of-rights and settlement of rent in accordance with the provisions of Chapters II, III and IV of the Act and the rules made thereunder as modified in the manner and to the extent required by the following further rules of procedure herein specified, namely:(a)The proceedings shall be with the preparation of the draft record-of-rights and shall continue up to the attestation of the same in the manner prescribed in Rules 21 or 25 and the map prepared under Rule 23 shall constitute the survey record.(b)The Assistant Settlement Officer shall thereafter fix fair and equitable rent in the manner prescribed in Rules 48 to 51 and shall incorporate the rent so fixed in the attested draft record-of-rights which shall thereafter be a combined draft record-of-rights and Settlement Rent Roll :Provided that it may not show the rents payable immediately before the fixation of such tent.(c)Proceedings relating to publication of the draft survey record and of the combined draft record-of-rights and Settlement Rent Roll, filing of objections to any entry, therein or omission therefrom, disposal of such objections, revision of rent by the Assistant Settlement Officer, sanction of the settled rent and modification of orders of the Assistant Settlement Officer, by the Settlement Officer shall be carried on in accordance with provision of Sections 21 and 22 and Rules 26 and 27:Provided that any objection preferred under Section 21 shall be deemed to be also an objection to the draft survey record under Section 6-A if it has the effect of affecting the map and no separate objection to the draft survey record shall be necessary in such a case :Provided further that an application under Clause (b) of [Sub-section (2)] [Substituted by S.R.O. No. 356/73-dated 20.3.1973.] of Section 22 shall be deemed to be an appeal under Section 12-A, and shall be deemed to be also an appeal under Section 6-B, if such application has the effect of affecting the map and no separate appeal under Section 6-B or 12-A shall lie in such a case.(d)The Assistant Settlement Officer shall thereafter finally frame the survey record in confirmity with the draft survey record as corrected in accordance with the orders made by him and by the Settlement Officer before sanction of settled rent. He shall also finally frame the record-of-rights in confirmity with the combined draft record-of-rights and Settlement Rent Roll so corrected.(e)Proceedings relating to final publication of the survey record and of the record-of-rights and distribution of copies thereof shall be carried on in accordance with the provisions of Rules 29 and 30.(f)An application made or a direction issued under any one of the Section 15 or 25 shall always be deemed to have been made or issued, as the case may be, under the other section also :Provided that any such application made or direction issued shall be deemed to be also an application or direction, as the case may be, under Section 6-D, if it has the effect of affecting the map and no separate application or direction under Section 6-D, shall lie in such a case.Chapter-VII Miscellaneous
