Section 61 in The Orissa Survey and Settlement Rules, 1962
61. Procedure for declaration of villages.
(1)Where proceedings in pursuance of an order made under Sections 11, 18 or 36 are in progress, the Settlement Officer may, if he deems fit, start proceedings for effecting changes in the boundaries of an existing village or for constitution of a new village :Provided that when a portion of the village has been declared or will be declared to be a reserved forest under the provisions of Section 20 of the Indian Forest Act 16 of 1927 of Section 16 of the Madras Forest Act, 1882 (Madras Act 5 of 1882) or when a portion of the village has been deemed to be a reserved forest under Section 20A of the Indian Forest Act 16 of 1927. The changes in the boundaries of the village shall be effected according to such declaration or the deeming provisions, as the case may be, and it shall not be necessary to start proceedings under this rule for affecting such changes.(2)Such proceedings shall be started before attestation of the draft record-of-rights or fixation of fair and equitable rent, as the case may be.(3)At the commencement of the proceedings, the Settlement Officer or any other officer authorised by him in this behalf, shall issue a general notice in Form No. II inviting objections to the proposed changes in the boundaries of an existing village, or to the constitution of a new village, as the case may be, such notice shall be published in the manner provided in Rule 6 and a copy of the notice shall be transmitted to the Collector.(4)Objections, if any, received within the period specified in the notice, which shall not be less than thirty days from the date of service of the notice, shall be considered by the Settlement Officer along with opinion of the Collector, if any, received during the said period. He shall then forward his proposals with a summary of the objections and opinion of the Collector, if any, to the Board of Revenue for orders :Provided that when the proceedings are conducted by an officer other than the Settlement Officer under Sub-rule (3), the objections and opinions of the Collector, if any, shall be considered by him and he shall thereafter submit his proposals to the Settlement Officer who shall formulate and forward his proposals with a summary of objections and opinions of the Collector to the Board of Revenue for orders.(5)[ On receipt of the proposals from the Settlement Officer, the Board of Revenue may sanction it with or without amendment of may return the same for revision by the Settlement Officer or for further enquiry:Provided that before passing final orders on the proposal of the Settlement Officer, the Board of Revenue may, if it considers necessary give a hearing to any person or persons who have filed objections in response to the notice under Sub-rule (3).] [Substituted by S.R.O. No. 357/73-dated 22.3.1973.](6)The attestation of the draft record-of-rights and fixation of fair and equitable rent, as the case may be, shall be taken up only after giving effect to the orders of the Board of Revenue in the map and the draft record-of-rights, as the case may be.(7)The aforesaid powers of the Settlement Officer shall be exercised by the Collector when proceedings in pursuance of an order made under Sections 11, 18 or 36 are not in progress :Provided that no notice required to be issued to the Collector in Sub-rule (3) shall be necessary in such a case :Provided further that on receipt of orders of the Board of Revenue the Collector shall transmit a copy thereof to the Tahasildar for effecting necessary corrections in the map and record under Chapter IV of these rules.
