Section 59 in The Orissa Survey and Settlement Rules, 1962
59. Simultaneous proceedings relating to preparation of record-of-rights and settlement of rent.
- When an order has been made under Clause (b) of Sub-section (1) of Section 36, there shall be the preparation of record-of-rights and settlement of rent in accordance with the provisions of Chapters 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 begin 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 to 25.(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 rent.(c)Proceedings relating to publication 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 order of the Assistant Settlement Officer, by the Settlement Officer shall be carried on in accordance with provisions of Sections 21 and 22 and Rules 26 and 27:Provided that an application under Clause (b) of Sub-section (2) of Section 22 shall be deemed to be an appeal under Section 12-A and no separate appeal shall lie under the said section.(d)The Assistant Settlement Officer shall thereafter finally frame the record-of-rights in conformity with the combined draft record-of-rights and Settlement Rent Roll as corrected in accordance with orders made by him or by the Settlement Officer before sanction of the settled rent.(e)Proceedings relating to final publication of the record-of-rights and distribution of copies thereof shall be carried on in accordance with provisions of Rules 29 and 30.(f)An application made or a direction issued under any of the Sections 15 or 25 shall always be deemed to have been made or issued, as the case may be, under the other section also.
