Section 38A in The Orissa Land Reforms (General) Rules, 1965
38A. [ Procedure for settlement of ceiling surplus lands under Subsection (2) of Section 51 and definitions. [Inserted by Notification No. 59795-Re-144/75-R-D.4.8.1975.]
(1)For the purpose of Subsection (2) of Section 51 of the Act, the Settlement of ceiling surplus lands, vesting in the Government, in pursuance of the provisions of Section 45, shall be made in the manner hereinafter laid down.](2)For the purpose of the Settlement of surplus lands referred to above and unless there is anything repugnant in the subject or context-(a)[ Landless person or landless agricultural Labourer shall mean any person the total extent of whose land alongwith the lands held as a raiyat or tenant by all members of his family living with him in one mess is not more than 0.7 standard acre and who has no profitable means of livelihood other than agriculture.] [Substituted by Notification No.28212-Re-62/76-R-D.16.4.1976.](b)"Co-operative Farming Society" shall mean a Society registered under the Orissa Co-operative Societies Act, 1962 and formed by landless agricultural labourers.(bb)[ The Revenue Divisional Commissioner may at any time revise the order of settlement of land passed by the Revenue Officer, Sub-divisional Officer, Additional District Magistrate or Collector, whether in exercise of original, appellate or revisional jurisdiction under this rule.] [Inserted by Notification No.86.496-Re-155/80-R-D.16.5.1980.](3)Application for Settlement of surplus lands - (a) On the vesting of surplus lands in Government under Section 45 of the Act, the Revenue Officer shall issue notice inviting applications for settlement from deserving persons to be filed within [fifteen] [Substituted by Notification No.10100-R-D.11.2.1980.] days from the date of issue of notice :Provided that the Revenue Officer may, for reason to be recorded in writing receive such application from any deserving person at any time before the settlement of surplus lands in the village under Sub-rule (8) whereupon the provisions of the Sub-rule following hereafter shall apply.(b)[ The notice shall be affixed on the Notice Board in the Office of the Revenue Officer. A copy of the notice shall also be affixed at a conspicuous place of the village in which the land in question is situated. The notice shall contain details of the land proposed to be settled, namely, the name of village where the land is situated, Khata number, Plot number, area, classification, status of the land and such other particulars, as may be necessary for its identification] [Inserted by Notification No.59795-Re-144/75-R-D.4.8.1975.],(4)[ Filing of applications and enquiry into the applications - (a) The applications for settlement of surplus land shall be filed by the persons categorised under Section 51 of the Act, within the period specified in Sub-rule (3)(a), and shall bear Court-fee stamp of rupees one and thirty paise :] [Substituted by Notification No.28212-Re-62/76-R-D.16.4.1976.]Provided that the State Government may exempt from payment of Court-fee in any case or class for settlement of surplus land.(b)The applications received under Sub-rule (3)(a) shall be registered and the particulars thereof, shall be entered in a Register in Form No. 22.(c)The applications shall be sorted out village-wise and taken into consideration village wise in accordance with the priority provided in Section 51 of the Act.(d)The Revenue Officer shall thereafter, cause an enquiry to be made in respect of each application and if after such enquiry he is of the opinion that settlement of land may not be granted, he shall reject the application after recording the reasons for rejection.(e)If after enquiry the Revenue Officer is of the opinion that settlement of land may be granted he shall publish a proclamation which shall contain particulars of the applicant and particulars of land applied for settlement such as the name of the Village, Plot No., Holding No., classification of the land, area and such other particulars as may be necessary and invite objections if any, fixing date for hearing of objections.(f)The proclamation shall be published by beat of drum [and] [Substituted by Notification No.28212-Re-62/76-R-D.16.4.1976.] by affixing a copy of the same at a conspicuous place in the village in which the land is situated in the presence of not less than two persons. If the village is uninhabited, the notice shall be published in the aforesaid manner in the nearest inhabited village. A copy of the proclamation shall also be published by affixing it on the Notice Board in the office of the Revenue Officer and a copy thereof shall also be sent to the Gram Panchayat in which the land is situated.(g)On expiry of [fifteen] [Substituted by Notification No.10100-R-D.11.2.1980.] days from the date of publication of the proclamation in the village and after hearing objections, if any, the Revenue Officer shall, if he is satisfied that the applicant is deserving and there is no objection to the settlement on any ground, make an order granting settlement of the land applied for or any portion thereof.(5)Priority of Settlement - The Settlement of surplus lands vested in Government under Section 45 of the Act shall be made by the Revenue Officer [after consulting the local committee, if any] [Inserted by Notification No.10100-R-D.11.2.1980.] with deserving persons in the order of priority indicated under Section 51 of the Act.(6)[(a) to (6)(c) * * *] [Deleted vide Orissa Gazette Extraordinary No. 615/24.4.1986.](d)Settlement of the lands with the applicants belonging to the Scheduled Castes and Scheduled Tribes and others shall be considered separately in accordance with the priority specified in Section 51 of the Act. Applications of persons belonging to one category shall be considered together and disposed of before going to the next category in order of priority :Provided that preference shall be given to those landless persons who have no land or other means of livelihood, over those, who are comparatively better.(7)(a)Extent of settlement of land - Settlement of surplus lands shall be made in accordance with the priority mentioned in Sub-rule (5) and the procedure specified in Sub-rule (6).(b)No more than 0.7 standard acre of land shall be settled with any person :Provided that when a person already owns some land so much of land not exceeding in the aggregate 0.7 standard acre may be settled with him.[Provided further that were the area of surplus land available for settlement comprised in any plot is more than 0.7 standard acre but less than one standard acre and no person come forward to accept settlement of the residual land after the initial settlement up to 0.7 standard acre, such land may be settled with the person with whom contiguous land has been settled.] [Inserted vide Orissa Gazette Extraordinary No. 615/24.4.1986.]Explanation - For the purpose of conversion one acre shall be equal to 0.4047 hector.(8)[ The land shall be settled with deserving persons on rayati basis free of salami.] [Inserted vide Orissa Gazette Extraordinary No. 615/24.4.1986.][(8-a) * * *] [Deleted vide Orissa Gazette Extraordinary No. 615/24.4.1986.](9)Transitory Provisions - Notwithstanding anything contained in the Orissa Land Reforms (General) Rules, 1965 all the outstanding amounts towards salami together with interests accrued thereon due from the allottees of surplus lands that have already been settled prior to the 1st day of November, 1983 shall be deemed to have been exempted.[(9-a) * * *] [Deleted vide Orissa Gazette Extraordinary No. 615/24.4.1986.](b)While settling the land, Revenue Officer shall determine the fair and equitable rent in respect thereof to be paid by the person with whom the land is settled.(c)A copy of final order of settlement shall be sent to the authority competent to maintain the record-of-rights.(10)(a)Appeal and Revision - An appeal against the order of the Revenue Officer under this rule, if presented :(i)by any person aggrieved by the order, or(ii)by the State Government, shall lie to the Sub-divisional Officer within a period of thirty days from the date of such order.(b)Revision against any order passed by the Sub-divisional Officer in appeal shall lie to the Collector of the district within the period of thirty days from the date of such order :Provided that this power of the Collector of the district may be exercised by the Additional District Magistrate in any particular case or class of cases as may be specified by the Collector by an order in writing made in this behalf.(bb)[ The Revenue Divisional Commissioner may at any time revise the order of settlement of lands passed by the Revenue Officer, Sub-divisional Officer, Additional District Magistrate or Collector, whether in exercise or original appellate or revisional jurisdiction under this rule.] [Inserted vide S.O.No. 624/16.5.1980.](c)With every appeal or revision a certified copy of the order appealed against or sought to be revised shall be filed.(d)Every appeal or revision petition shall be drawn up in the form of a memorandum signed and dated by the appellant or petitioner or his recognised agent or his counsel the memorandum shall set forth concisely and under district heads the grounds of objections to the order appealed against or sought to be revised and such grounds shall be numbered consecutively.(e)If an appeal or revision petition is admitted, the authority hearing the appeal or revising may call for a report from the officer against whose order the appeal or revision petition has been filed.Provided that the points on which such report is required shall be distinctly mentioned in the order calling for the report.(f)Pending disposal of the appeal or revision, operation of the order appealed against or sought to be revised may, at the discretion of the authority hearing the appeal or revision petition be stayed.(g)A notice of the appeal or revision and the date of its hearing shall be served on the respondent, if any.(h)Reasonable opportunity shall be given to the parties to be heard in person through lawyers before any final order in an appeal or revision petition is passed.
