LexThe Odisha Survey and Settlement Act, 1959
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The Orissa Survey and Settlement Act, 1959
Act 3 of 1959
Keyword(s):
Landlord, Record-of-Rights, Rent, Settlement Officer, Survey, Survey Mark,
Survey Officer, Tenant
Amendments appended: 5 of 1994, 13 of 1998
-
CONTENTS
I. Short title, extent and comm~ccmtnt
SURVEY
3. Power to order a survey
4. Appointment of Survey OEcer, his pow&, delegation of powers and
manner of swey.
5. Proclamation to be published by Swey Offiars, such proclamation to
bt valid notice to pwsons interested.
6. key Officcf mrty enter upon land, offer compensation for dmager and may settle boundary disputes. Compensation.
&A. -tion and ptelirni'hmy publication of draft survey record
&B. Apml
6-C. Final publication of swey mrds
+D. Revision by Bad of Revenue
7, FioaI publication of survey record to be notikd
8. Puma responsible for the maintenance of survey marks
q. very of cost of survey
10. Omitted
11: Power of Goverament to order preparation of record-f-rights
12, Pati* pubtication of draft rtcord-of-right3 and hearing of objwtbar
13. Presumption as to final publidon and cClrrection of record-of-rights
14. Omitted
15. Revision by Board of Revenue
16. Maintenance of records
17. Recovery of costs of preparation of record-of-rights
CHAPTER rv
SETTLEMENT OF RENT
18. Settlement of rent
19. Principles for Mng rent
20. Manner of kation of rent
21. Preliminary publication and amendment of settlement Rent-roll
22. Sanction of settIed rent and modification of orders passed on objections
23. Incorporation of settled ient in the record-of-rights and kal publication
thereof.
.a. Omitted ,
25. Revision by the Board of Revenue
26. Omitted
27. Presumption as to correctness of rents settled
28. Date from which.settled rent takes effect
' CHAPTER V
29. Jurisdiction of Courts
30. Application of Code of CiviI Prowdure, 1908, to proceedings under this
Act.
31. Power of Collector and Board of Revenue to distribute work
32. gower to caU for and revise proceedings of Revenue Offims
33. Delegation of powers
34. Limitation for applications' . .
35. AppIication of the Indian Limitation Act, 19118
CHAPTER ??I
MISCELLANEOUS
smow 8
36. Simultaneous promdings
37, Demarcation of viIIage boundarks
38. Validation of past records and settIement of rent
39. Omitted
40. Protection of action taken under this Act
41. Correction of arithmetical mistakac
42. Limitation of jllrisdiction of CiviI Court
43. powers ta make rules
44. Rules to be iaid bcfore ,hsernbly
46. Effect of repeal
- &A. Pqwers of Settlement Officers under the Central Provinces Acts to be
exercrsed by oBcers appointed under this Act.
41. Power to remove difficulties
Schedule
ORISSA ACT 3 OF 1959
'[THE ORBS4 SURVEY AND SEITWCIMENT
ACT, 1958 ]
f~eceiwd the ussent of ,he Governor on the IZihJunuary
1959, Jirst published in an extruordilta~ isme
of ftte Orlssa Gazette, dated the 27th January
19N 3
ACT TO CONSOWDATB 'm AMEND THE LAWS
RELATWG TO SURVEY, RECORD-OF-RIGHTS AND
SBltTLHMBNT OPERATTONS IN STATB OF OMSSA
WHEREAS it is mpedient to consolidate and
amend the laws relating to survey, record-of-rights
and settlement operations in the State of Orissa ;
It is hereby enacted by the Legislature of the
State of Orissa in the .Ninth Year of. the Republic
of hb'i as follows :-
CHAPTER I
Sbott 6th 1. (l) This Act may be called .the Orjssa +my , &,, ,d.
and Settlement Act, 1958. .,. - a-
mbnt
(2) It extends to the whole of the State of Orissa,
1. Fa StaCement . al O&jace and Rwans, ~ee OrLew Gaetre. has+
hsry, dated tho 10th W, 1958 (No. 179) and for Repod of !%kt Comdftw,
m ibU, W* 5TTl.
(3) This section shall wme into force at once.
The State Government may, by notification1 in the
oEcial Gazette, direct that all or any of the .remain-
ing provisions of this Act shall come into force in such area and on such date as may be specified in
the aot5cation -
mnitionr 2, Tn this Act, unless there is anything repugnant
in the subject or context-
(I) 'Agricultural year' means the year as speci-
fied in the tenancy laws in force or in the .absence
of any such laws, as may be prescribed by the Goverd~
ment in respect of different districts or .localities
according to IrscaI custom or usage ;
- -
1. Sections 2 to 47 came into fohx with era frs-
(0 15-12-19a in the whole of the Statt of Orissa uapt (1) RayagaUa
apd Kmput, Rmur divisions, (2) Athagarb cxSnc am, (3) An9 district,
(4) Sopcpur subdivision, (5) Panchara cx-*fidari area in Bou h and (6)
KalahmdI Sad= and Dharmagarh subd~ns~ons vide Notification No.
53478- -3271&R., dated the IZQ December 1960, published in OrLFsa
Goref*, Extraordinary. dated cho 14th Dccsmber 1960 Mo. 789).
(l12 1-7-1961 in the Rayagada and Itoraput Revenue divisions of the
district of Korapul nctpting certain arcap vide patificatian No. 29807-S-266161-
R,, dated the W1h June 1961, pubhshtd 'In Orha Gatte, Extraordim, the 30th June 1961 (No. 508).
(iil) I-1G1962 in ceriain UGQJ - of Kddtmdi vide nwtion
NO. 45W3-S168162-R., dated the 29th September 1962, pubhhad 111 0-
Gaze${<, Exmordinaty, &dated the 1st October 1962 (No. 535).
. , (Iv). 1-12-1962 in Angul vide notification No. 35457-~-16k162-~,
, dak the 27tb November 1962, published in Or& Gazette, &tsaordinary,
datd fhc 30th November 1962 (No. 687).
(y). 1-1-1963 in thd Korapnt Rwtnue division vidn notification No.
457&S.168]62-R., dattd be 2lat January 1963, pubhhed in Orism Gazette,
-ordinary, daled the 22nd Se~ary 1962 @TO. -53).
(pi) 141963 in Atbagath --State, Artas vide 'npti0cation
No. 2r)j3M164\63-R.; dated - the 29th March 1363, published lo Or-
Gazc;tb Exbmrdinary, datcd the 30th March 1963 (NO. 215).
(va 1-7-1963, in *. areas of Guupur Subdivision of the
of- Koraput vide nob5catlon No. 5964-M68162-R,, dated the 25th Jmm
1963, published in Or- .G=I#e; PL III data the 29th Mkrch 1963,
P. 617.
rvrin 1-kl966 in dl tha ' ' aras of the State umh tho ,.-, - ' ---- -.
viUagFs of Sonepv v~-ion sthe htrict of Bolangk mention& i;; td;l
Scheduk +do nnambon No. 20213-5-95!&R, dated the 31st Mach 1966,
puWedin Orha Guzt~fe. -ordinary, datcd the 31st March 1965 Wo.340-C).
(L*) I$-2-1964 in tho Ex-Zkuhdari OP Baudh s~kWsim
of the disc of PhrJm. vida notification No. 9mS39)PQ-R., dated ftls
13th Fdbruy 1964, pub- m Orism GaEettc, dated tho 14th %~SUW 1964 265).
[(2) 'Assistant Settlement Officer' means any
ClfEcer appomted as such by the Board of Revenue .;I
[(3) 'Chief Survey Officer' means any Ofkr
appointed as such by Government and in~1ud.e~ an
Additional Chief Survey Officer appointed by Gov-
ernment ; 1
(4) - 'Government' means the State Government
4f Orissa ;
,- .
-.
(51, 'Landlord' means a person immediately
under - whom [ a , tenant holds land] and , - iacludes - -
the Gwemment ; ,.. .
-.
(6)' 'Prescribed' means prescribed by nrles . made .
under this Act ;
i(7) crccord-if-rights9 the record-of-
rights prepared un'der this Act ; 1 :
(8) 'Rent' .means whatever- is IaMuUy ,payable
or deliverable ,in cash or in kind or partly in cash'
and partly in -kind by a tenant to his landlord 'on
account of the use or occupation of 'the land. held
by bim. It shall also include money recoverable
under any- enactment for the time being in force as
if it were rent. ;
(9) 'Revenue Court7 means any Court (other
than a Civil Court) having jurisdiction under fhis
Act to entertain suits or ohr pmceeiiings ; . -
' ((10) 'settlement OEcer' means any Offim .
appointed as such b Government and includes an f
! .. . Additional Settlemen Offices appointed by Govern-' ',
-merit ;I .
I. Substitottd by the Survey and SetUemmt bcndmnrt) Act, 1%2 {Or. Act 7 of 1%V, a. 2 (a).
4. Substituted- by ibid, b.2 (4.
5. 'Substitutd by Ibid, s2 (el.
(11) 'Stme ' includes all or any of the ' opera-
tions incident 9 to the determination, measurement
and record of a boundary or boundaries or my part
of a 'boundary and includes a re-survey ;
(12) 'Survey mark' means any mark or object
erected, made, employed or specxed by a survey
officer to indicate or determine or assist in determin-
ing the position or level of any point or points ;
(13) 'Survey Officer' means any person appointed
to be a Survey Ofker under section- 4 ;
[(13-a) 'tenant' means a person who holds ,
land under another person &d is or, but for a sp+d .:
contract would be liable to pay rent for that land
'
to that person ;J .
, .
[(I#) 'village' means any tract of Iand . w-hich
has been recognised as a village in the revenue records
or which the Board of Revenue may, from ,time to
time, declare to be a village;]
(15). words and expressions used, in this Act
but not defined shall have the same meaning as assigned
to them in tbe Ternicy Acts' or Laws, RuIes, Regu-
lations, custom or usage in force in any part of the
State. pf Orissa. .
Pmtr to 3. . [(I) The Government or subject to their control
a any officer OF authority empowered by Government
m'Yty. may, at any time, by .not%cation, order a survey to
be made of any land in the State or 'the boundaq
thereof.]
- - -.
I. Tnscrtea by tho 0- Survey and Set-t (mmt) &, fm
(Or. Act 7 of 1962), s.2 (0.
2. substituted by fbu, s.2 @).
3. Substftuted bv W, a3.
(2) The Government shalI be competent at
any time during the continuarice of &e proceedings
of any survey, to issue an order to stop such survey
and, if subsequentIy so ordered' such proceedings
shall be proceeded with ,from such stage as may be
directed.
(3) The 'Government may also issue a notscation
ordering a survey-
(a) on the request of-
(i) any Local authority- ; or
, - (ii) other persons . . ; - A
who -agree to pay such amount as may be directed I .
by the Govement towards the cost of shy ; or 1
(b) where in any local area, not less, than one-
half of the tom nnlunber of raiyats apply for the survey,
depositing or giving security for such amount to-
wards the payment of expenses as the Gdvernment
may direct. I
4. (I) The ' [Board of Revenue] may by noti- A ~oiolmcnt !
2 sufvq 6cation appoint any *2 Officer or person either by omor, hh
name or by vlrtue of his oEce to be a Survey Officer powe,!
for all or any of the purposes of this Act. ddegauon ' I
of owa as
aoq manner
(2) Subject to the odhtrbl- of the " [Board of of survey-
Revcnue, J . 3* * * every , , ,
officer or person so appointed shall exercise and . per-
form the owers and duties of a- Survey mcer within
such loca 'limits as the Poard of Revenue1 may
direct:
P
5 * * * *
, ,
1. Substituted by the Orissa Snrvey and SettJlement (Amendmmt) Act,
1962-(0r. Act 7 of 19621, a. 4 (0) for "Qovemmtnt".
3. 3%~ WO& "and of spy om or authodty appoinw by them in thif
beW.' omitted by ibid, s.. 4 lb). ,
58 OMA SURVEY AND SBTZZGMENT ACT, 1958 [ Or. Act
(4) The survey shall be conducted in such manner
as may be prwribed by the Government.
m-tbn 5; (1) When any survey is ordered under section Rob publf-
abed by 3, the Survey Officer shall publish a proclamation
intheprescribedmannerinvitingallpersonshaving O&tm. any interest in the land or in the boundaries of which
the swey has been ordered, to attend either in person
or by agent at a specified place and time -and from
time to time 'thereafter when called ,upon. for the
purpose ,of pointing dut boundaries and supp2ying
information ia wnnection therewith. .
such (2) A proclamation published under sub-section
matrap -(I) shall be held to be -a valid notice to every person bs valid
notim b having any interest in the land or in the boundaries
&-*
of which' the survey has been ordered.
Srvvov
ay enter
upon hd,
offa am-
Psnatfon
foi damalps
and may
.aottlo
bwdarV disputes.
6. (1) After the issue of the proclamation under
subsection (I); - of s&tion 5 the Survey OEcer, or
his subor.dinates or any other officer acting under
the authority of the Survey Officer shall have power
to enter upon the land under survey, examine and
measure such land and clear by cutting down. -or rc-
'moving .any trees, jungle, fences, standing. mops or
, other material obstmctions to the boundaries or othef
lines the clearance of which .my be necessary' for
the parposes of ihe survey.
c=Ompara- ton. (2) The Suky 0-r shalt, after assessing tho lois wsioned by zyy clearance as is mention-ed in
sub-section [I), ,,offer xeasoxlable coplpensation to
the owners ' of the materials so cleared.
[ (3) Anjr person aggrieved by a decision
under s~ubsection (2) may, *thin thirty days from
the date of such decision, prefer an appeal to the pres-
&bed authority.]
RC an - [&A, (I) The Survey OEcer shall prepare a d'= % draft survey r-~rd which shall comprise of- mmnm nub li&. -vr
drpft v .mrlL . (a) the map drawn to such sde as may be ;
. colavement in the upinion of - the 'Survey
qwr; ad
. 1, Substiaa by the Orissa Survey and Setthen: [~mpndmant) Ad,,
1962 (Or.'Act 7 of f962), s. 5, for su-m 65) to CI).
,. z IrsflM by Iba 8.6.
(b) such other record as the Board of Revenue
may, by order, specify in that behalf.
(2) Wben a draft survey record has been prepared
the Survey Officer shall publish the see in the
prescribed -manner and for the prescribed period
and shall receive and consider my objections which
may be made to any .entry therein or to any omis-
sion therefrom during the period of pubhcation.
6-B. An appeaL, if present@ within thirty days Aw from the date of the order appealed against, &dl
lie to the Chief Survey Officer from every ' order
passed by the Survey Officer on any objection made
under section 6-A.
6-C. (I) When all such objections and agpeals,L2nr$w
if any, have bk disposed of, the Survey Officer shallswy
finally frame the survey record incorporating all-&
such alterations as may be necessary to. give effwt
to fhe orders .passed on such objections and app&
and shall ca'use it to he finally published -in the presf
-cribed manner; and the publication shall be conclusive
evidence that the record has been duly mde' under
this Chapter.
(2) Sepmte drafts and ha1 records may ba
published for digerent local ar- or parts- thereof,
6-D. The Board of Rw- may, in any -oasb R&I~
Board d (a) of its own motiosat -any the, after ' the hwna
. date of fimal publication under- section 6-C;
or
(b) on appfiwtioa a ainst an appellate order
8 under sstibn 6- peesented within one
'year from the said' date; ] -
direct the revision of any survey record or. any
portidn thereof 'but not so as to affect any order
passed by a. Civil Cou rt under section 42 :
. Provided that no such directian sU be made
until reasonable oppowty has been' given to the .
parties concemed to appear and be heard iri the
qattef. ] '
60 THE ORWA SWBY AND SE~EMENT ACT, 1958 [or. ~ct
Fiahl publi- '[7. After a survey record has been hauy pubfi-
cationof shed the Board of Revenue shall, by notification, aurveY record
to bt notifid. declare that such record has been fmally published, and
such notification shall be conclusive proof of such
publication.]
pemm rts- 8. (1) Subject to such con$itions as may be
pomibI? for prescribed in this behalf, -every person interested in the -re-
of the land shall be bound to -maintain, renew and repair
fiurve~ the survey marks on or within the boundaries of his marks. holding and in default of his doing so, the Collector
may, at the cost of the Government maintain, renew
and rapair such survey marks, determine and appor
tion the cost of so doing, and recover such wsts as
a public demand or arrear of land revenue as the case
may be.
.(2) Before the Collector renews or repairs any
survey marks he shall serve a notice in writing on the
cultivator or other person interested in the pres-
cribed manner intimating him the action proposed to
be "taken by. him specifying the time. fixed for such
. action.
dbcovery or 9. 111 The whole or sdch aortion of the' costs as
Of may b; brdezcd in respect of survey made on the survey.
application of parties under sub-section (3) of sec-
tion 3 shall be borne by them ;
Provided that where the application is made
under clause (b) of the said ,sub-section ,the amount
recoverable under this section shall be recovered from
all the raiyats of the local area including the appli-
cants.
(2) The ~overnme&ma~ prescribe the manner in
which such costs shall be assessed. The costs so
assessed -shall be ' [ recoverable as arrears of land
revenue].
1. Substituted by the Orissd Survey and Settlement (Amccdmmt) Act,
1962 (Or. Act7 ol 1962), S.
2. ~dbslituttd by ihid, s. 8 for " mvcred as a public demand or
arrhr of bnd revenue, as the case may be".
XI. [ (I) The Government may, in any case if Power of
ad-t
they think fit, make an order directing that a record- to oder
of-rights be prepared in respect of lands in any local prepmtim of rmrd of
area in the Stat.e.1 riphrs.
(2) The Government may also make an order
under the preceding s ub-section -
(a) on the request of-
(i) any local authority; or
(ii) other persons ;
who agree to pay such amount as may be
directed by the Government towar* the cost of pre-
paration of the record-of-rights; or
(b) on the request of not Iess than one-half
of the total ;lumber of raiyats having land
in the village and on their depositing such
amount for payment of expenses as the
Government may direct.
(3) A notification in the Gazette of aG order
under this section shall'be conclusive evidence that
the order has been duly made. * * *
[(#) When ean order - is made under- sub-section
(I) the Assistant Settlement Officer shall. proceed to
prepare the record-of-rights in the prescribed man oer.
(5) The ecord-of-rights shall comprise of-
(a) the khewat which shall show the character
and extent of proprietary interests and may
also show the particulars of other rent-
receiving interests; and
'I. Svbstilutcd by the Orissa SWW and Settltment (Amcndmcnt) Act,
1962 (Or. Act 7 of 1962), s. 10 (a).
2. Omitted, by ibid, s. 10 (b).
(b) the khatian which shall show such detz,jjs
as may be prescribed.
(6) For tne purpose of preparation of xecord-
of-rights in respect of any local area, there shall be
prepared in the prescribed manner a map showing, as
far as may be, all such particulars as may be corlsidered
necessary for the purpose and the record-of-rights so
prepared shall be in conformity with the map :
Provided that in the event of any conflict
between the map so prepared and the survey map
previously prepared under the provisions of Chapter
II the former shall. prevail. 1
Preliminary
publication '1 12. When a draft record-of-rights has been
of draft prepared, the Assistant 5etdement Officer shall
record-of- publish the same in the pres-ri bed manner and for rights and
,,,,, ,I the prescribed period and shaU receive and consider
bjections any objections which may be made to any entry
her ein or any omission therefrom during the period
of publication.]
AppaI. 12-A. An appeql, if presented within thirty days
from the date of the order appealed against, shall lie
from every order passed by the Assi'stant Settlement
Officer under section 12 to the Settlement Oficer or to
any other oficer specially &mpowered by Govern-
ment in this behalf.
Final pub-
w 12-E. (I) When all such objections. and appeals
lication of have,been disposed of the Assistant Settlement 08mr
zl*f- shall finally frame the record-of-rights incorpoiating
all such alterations as may be necessary to give effect
to the orders .passed on such objections and appeals
a~d shaI1 cause it to be finally published in the pres-
cribed manner and such publication shall be conclu-
sive evidence that the record has been dulyrnade under
this Chapter.
(2) Separate drafts and ha1 records may be
published for different local areas or parts thereof. 3
1. Substituted by the Orissn Survey and Settlement (Amendment) Act,
1962 (Or. Act 7 of 19621, s. 11.
3 'of -1 TETB ~SA SURVEY AND SETTLEMENT ACT, 1958 63
13.' [(I) Any record-of-rights prepared and ~~~~~
&ally published under tbis.Ch@er or a certified copy *ublication
thereof or extract therefrom shall . be conclu.sive ;;: ;p--
evidence of such publication. mord-of-
rjgbts .
(2) The Government may, by notification,
declar~ -with regard to land in any local area or
village. that a record-of-rights has been finally pubf sh-
ed and such noacation shall be conclusive evidence
of such publication.
(3) Every entry in a ,record-01'-rights so published
shall be evidence of the matter referred to in such
entry and shall be presumed to be correct, until it is
proved by evidence to be incorrect :
Piovided that, if any entry in a record-of-rights
is altered in a subsequent lecord-of-rights, the later
entry shall be presumed to be correct until it is proved
by evidence to be incorrect, but the previous entry
shall be admissible as evidence of the facts existing
at the time such entry was made.
15. The Board of Revenue may in any case direct-
Rtvtion by
mcrd or (a) of its own motion the revision of any record. R evenua.
of-rights, or any portion of a record-of-rights at
any time after the date of hl publication under
[section. 12-B] 'but not so as to affect any ordet
passed by a Civil Court under section 1421 ;
((b) on application against an appellate order
under section 12-A presented within one year from
the date of final publication under section. 12B, the
revision of any record-of-rights or any portion thereof
but not so as to affect any order passed by a Civil
Gout under section 42:J
1. Substitutd by the Orha Survey and Stttlcment (Amcndmcnt) Acts
1962 (Or. Act 7 of 1962). s. 12
2. Section 14 'omitted by ibid, s. 15.
I.
3. Substituled by aid. s 14 fot ''sub.se~tion (2) of section 12.
4. Substituted by Ibid, for "24".
-5. Substituted by the Orissa SuWcy and Settlement (Amendment) A&
I975 (Or. Act 21 ofql975), s. 3.
64 THE O~~ISSA SURVEY AND SETIZEMBNT ACT, 1958 [Or. Act
Provided that no such direction shall be made
until reasonable opportunity has been given to the
parties concerned to appear and be heard in the matter.
Maintcnancc
of records. '[ 16. In order to keep the map and the record-of-
rights up to date the same shall be maintained in
accordance with such rules as may be prescribed in
that behalf.]
I
: Recoytry or 17. (1) The cost of preparation of record-of- I cost of prb of rights on an application made under sub-section (2)
record-or- of section I 1 or such portion thereof as may be ordered
mts. shall be borne by the applicants :
Provided that where the a~plication is made
under clause (b) of the said sub-section the amount
recoverable under this section shalI be recovered from
all the raiyats of the village including the applicants.
(2) The Government may prescribe the manner
in which such cost shall be assessed. The cost so
assessed shall be '[recoverabl.e as arrears of land
revenue].
CHAPTER IV
stttlmcnt 18. (1) The Government may at any time, direct
or mt. '[the settlement of] rent in respect -of land situate
in any village or local area for which a record-of-
rights has already been hally published.
1. Substitutad by the Orisw Survey and Stttlcmtnt (Amendment) Act,
1965 (Or. Act'9 of 1965). s. 2.
2. ~ubstihhed by the Orissa Swcy and SctUcmcnt (kdment) Act,
1962 (Or. Act. 7 oS.1962). s. 16 for "ncovcrcd '3s a public dcmand or arrcar
of land rcvcrrue, w the me may be".
3. Substituted by ibld, s. 17 (a] for "a rownue ofic(y to settle".
3 ~f 19591 THE ORISSA SURVEY AND SETTLEMENT ACT, 19% 65
(2) The Government may also issue a direction
under the preceding sub-section-
(a) on the request of-
(i) any Local authority; or
(ii) other persons ;
who agree to pay such amount as may be directed
by the Government towards the cost of the settle-
ment of rent ; or
(b) on the .request of not less than one-half
of .the to&I number of raiyats having land in any
local area on their depositing such amount for
payment of expenses as the Government may direct.
(3) All amounts 'payable under clause (a) of
sub-section (2) shall be '[recoverable as arrears of
land revenue].
2[19. (1) The Governmat may prescribe the Prjnaplufa
princ~pIes for fixing fair -and equitable rent for fixing rent.
any land used for agriculture having regard to-
(a) the averase pnce of crops during the
preceding ~&n years other than the years
which the Government may notify to be
or to have been either famine years or
abnormal years in respect of any local
area ;
(b) the crop or crops normally grown 3n such
land :
(c) the situation. of the land and the nature
of the soilj, and
(d).the , maximum rent assessed on land of
similar' quality and productivity elsewhere
in the State.
~xphnation-For the purposes of this su b-sec-
tioq-
(a) "agriculture" includes raising . . of crops, grass or garden produce, horticulture or
use of land as paslure .or forest or for
any other .purpose ancillary to agriculture
other than residential purpose; -
I. SuWtutcd :%y the OrIssa Survey and ~C*lement (Amcndmcnt) &
1962 (Or. Act: 7 qf,l962), Sec. IT&) for "racovtrtd as a pubIic d-d or
amatorfhd rdmw, as & --may be"
2. Substitutd*' the Orisga Survey and Sottlcmtnt - (Amcodrt~~~l
and. Vddatbn )' Act, - 1975 ( Or. Act Sr of 1915). S. 2.
66 THE 0~1si.4 SURVEY AND SETTLEMENT ACT, 1958 [or. Att
(Secs. 20-21)
(b) the cultivable *aste land of a tenant shall
be deemed to be la-nd used for agriculture;
and
(c) the crop or crops wbich could have been
grown in any land referred to in the
preceding clause or in any land which
is used for any purpose ancillary to agri:
culture shall be deemed to be the crop
or crops normally grown on such land.
(i) The Government may also prescribe the
principles fox. fjxir~g fair and equitable rent for laads
used for efij purpose other than agriculture inclu-
ding all kinds of homestead lands in urban and
rural areas of the Statej haying regard to-
(ti) the situation of the land;
(b) purpose for which it is uses;
(c) communication and market in g facilities.
and
(d) market value of the land.
(3) The rent so hed shall be deemed to be
the -rent payable fox the land:
Provided that Government may, subject to such
conditions as they may impose, direct remission
or reduction of the fair and equitable rect so fixed
in respect .sf any land which is owned, by any religious or charitable insututibn of a public,nature,
-'and is utiIised for the promotion of ,- education,
health, culture, fine arts, sports or games or for
social welfare. .I
(4) The provisions of this section ,shaIl have
effect, notwithstanding anything hht rined in any
law, custom or contract for the time tieing in force.]
Manner of TZO. When an order is made under swtion 18
bationof the Assistant Settlement Officer shall fix the fair and
rent.
equitable rent in the prescribed manner.]
Preliminary =[21. (1) When .rent has been fixed the Assistant
publication Settlement Officer shall firepare a Settlement Rent and amend-
ment or Roll containing such particulars as may be prescribed
ScQ'emenc Rcnl ROII. and shaIl,,cause the same to be- published in the pres-
cribtd manner ind fof the prescribed period and - -- , -
2 . -.
1. Substituted by .the ~rissa Survey and *ttIement (Amendme@) A;
1962 (Or. Act 7 01 1962). .S. 18.
2. Substituccd by ibid, S. 19.
shall receive and consider any objections which may
be made to any entry therein or omission therefrom
during the period of publication.
(2) The Assistant Settlement Officer may, of his
own motion or on the application of any party aggri-
eved, at any time before a Settlement Rent RoII .is
stlbmiited to the Settlement Oficer under section 22
revise the rent entered therein :
Provided that no such revision shall ,be made
until reasonable opportunity has been given to the
parties concerned to appear and be head in the
matter.]
'122. (I) When all such objections have been Sanction of sattlcd rent disposed of the Assistant Settlement Officer shaU and mdlfi-
submit the Settlement Rent Roll to the Settlemeut ~~~~ ;isrd
Officer with a full statement of the grounds of hrs onobjectioos.
proposals and a summary of the objections, if any,
received by him.
(2) The Settlement Officer shall-
(a) of his own motion ; or
(b) on application within thirty days from
the order passed on an objection preferred
under sub-section (I) of section 21. ;
have power to modify any such order.
(3) The Settlement Officer may sanction the
said Roll with or without amendment or may return
the same for revision by the Assistant Settlement
Officer.
(4) No modification or amendment or revision
shall be made under sub-section (2) or, as the case
may be, sub-section (3) until reasqnabIe opportunity
has been given to the parties concerned to appear
and be- heard in the matter.]
*[23. (1) After . sanctior of the Settlement Incorpora-
Rent Roll the Assistant Settlement Officer shall in- ~~~f,a,
corporate the settled rent in the record-of-rights,inthe record-or- make such amendments or alterations in the said rights - aod
record and the map, if any, and shall cause a fresh publics-
copy of the record-of-rights to be finally- published tion thcrcot.
in the prescribed manner.
1. Subtifulad by the Orim Survey and Sttrbmont (.bcndment)
Act, 1962 [Or~Act 7 Of 1962). 5-20.
(2) Such publication shall be conclusive evidence
that the rent has been duly settled under this Chapter
and the record-of-rights so published shaIl be deemed
to be the record-of-rights published under section
12-B.]
'24. * * * *
Revision by 25. The Board of ~evenue may, in any case -
the Board id
Revenue. (n) of its own motion, at any time after the
date of final publication under '[section
231 ; or
'[(b) on application again~t arl or.Je~+ under
sub-seclion (2j of section 22 presented
within om year from the said date ;j
direct .the revision of the rent so settled but not so
as to affect any order passed by a Civil Court under
section 4[42] :
Provided that no such direction shall be made
until reasonable opportunity has .been given to the
parties concerned to appear and be heard 'in the
matter.
26. 3* * * *
bumption 27. subject to the provisions of sections "[25 and
as to correot- 421 - all rents settled under sections '[20, 2 1 and 221 and nes of tents
sotiled. incorporated in a record-of-rights finally '[published
under section 231 shall be deemed to have been
correctly settled and to be fair. and equitable rent
within the meaning of this Act.
Date from 28. When any rent is settled 9* *
whichsettld under this Chapter it shall take effect from the begin-
rent takes
cfiset. ning of the agricultural year next after the date of
sanction to* * *. under " [sub-
secti6n (3)j of section 22 :
Provided that the Government may prescribe an earlier date from which such settlement shall take
effect and that such date shall not be earlier than the
date of notification under sectign 18. - -- - --
1. Omitted by tho Orim Survey and Scttlcmcnl (~rnendmc~t) ~ct,
1962 (Or. Act 7 of 1962). s. 22.
2. Substitukd by ibM, s. 23 lor ''subsection (2) of xction 22".
3. Substituted by the Orissa Survay and Sottlcment (Amcudmcnt) Act,
1975 (Or. Act 21 of 1975), s 4.
4. Substituted by the Orissa Sumy and Settlement (Amendment) Act*
1962 (Or. Act of 1962). s. 23, for "24".
3. Omitted by the oris& S my and Settlement (Amoodment) Act, 1962
(Or. Act 7 of 1962). s. 24.
6. qubr4tutcd by ibid., 3. 2j (a), for "23 LO 25".
7. Subslitutad by ibM., s. 35 (b), for "19 to 22".
8. Subairuted by ibid., s. 25 (c) for "ro-published under snb-Rction (3) of
- 22".
9. wtbd by &id., s. 26 (4.
10. Wrkd by {bid., 1. 26 (b).
11. Sub3citut~d by iw., a 26 (c), for "sum-tion (2)"
3 of B59J Tm ORISSA SURVEYAND SETTLEMENT Am, 1958 69
(Secs. 29-31)
CHAPTER V
Ju~is~m~oxlr AND ~OCEDURE
'[29. (I) AII' authorities hearing any appIication, ~lrwtiw
appeal or revision under any of the provisions of this
of CO~~.
Act shall do so as Revenue Courts.
(2) Save as otherwise provided in this Act when
an order has been made under section 3, 11, 18 or
36 no court shall entertain any application or suit
in respect of any matter for determining or deciding
which provision is made in this Act and all proceed-
ings in respect of any such matter pending on the
date such order is made shall be stayed till the ha1
publication of, records under section 6-C, 12-B or
23, as the case may be.]
30. The Government may from time to time APP~~~O n of Code of make rules consistent with this Act dcclaring that
-,
v~r 1ws any provisions of the Code of Civil Procedure, 1908, $y-yDt;
shall not apply to applications, appeals or otheruodtr tb
proceedings under this Act in -any Revenue Court ~ct-
f
or to any specified classes of a~ch applications, appeals
or proceedings or shall app:y to them subject to
modifications and additions specified in the rules.
31. (1) The '[Settlement Officer] may by written ,uz,"fs
order, distribute in such manner as appears to him- of
fit any business copizable under this Act by any Ravcnm to distri%u ta
TAssistant Settlement OAicrrj and by like wder h& ma mrr
withdraw any case pending before such '[~fice{
and either dispose of the same himself or by written
order refer it for disposa! to any other Revenue Qffi-
cer in the district.
5[(2) The aforesaid powers shall, in relation
to all business cognizable under- this Act, be exer-
cisable by- .
(a) the ~istrict Collector and the Chief'Survey
-
Officer in .respect of oicers subordinate
to them ; and
(b) the Board of ~evenue in respect of Settle-
ment Officers, Chief Survey Officers and
District Collectors.] --
I. SuMtituted by tho ~?is& Sutwy end Sottl~mc~t ((Amcodment) Act,
1962 (Dt. AH 7 of 1962), s. 27.
2. Substityttd by ibid., 1. 28 (01.
3. subtitired by ibld.
4. Substiruttd by ibid.
5- Subtitufed by IbU., $. 28 (b]. - ..
70 THE ORISSA SURVEY AND SETTLEMENT, ACT 1958 [Or. Act
cr to 32. The Hoard of Revenue may call for the cal! for and
revise record of any proceeding before '[any officer] from
PrDCCCdiag whose decision no appeal lies if such OfIicer appears of Rcvenua
~CGTS. to have exercised a jurisdiction not vested in him , .
by law or to have failed to exercise a jurisdiction
so vested or while acting in the exercise of his juris-
diction to have contravened some express provision
of law affecting the decision on the merits where such
contravention ' has produced a serious miscarriage
of justice and the Board of Revenue, after hearing
the parties if they attend shall pass' such order as
it seems fit. ,
DcIegajion of 33. The Government may by notification,
POW^^. delegate the powers of the Board of Revenue to an
Oficer not below the rank of a Revenue Divisional
Commissioner.
rirniw t i op 34. Subject to the provisions of the next foUowing
Or. a P P I- section every appeal presented and application made GatlOtlS.
- after the period of limitation specified therefor shall
be dismissed aIthough limitation has not been set
up as a defence.
Applicnti o n 35. Subject to the provisions of this Act the
of thc Indian provisions of tk India11 Limitation Act, 1908, except g oflwa
Limits ~d, 1928. ' sect ion 6, 7, 8, 9, 19 and 20 shall apply to all appeals
and applications mcn tioned in section 34.
CHAPTER VX
Simultantow
proceedings.
'[3h. (I) Notwil hstanding anything contained '
ir. Chapters i I, I11 and IV, the Govement may make
an order directing that prqceedinss relating to-
(u) survey and preparation nf record-of-rights,
(b) preparation of record-of-rights and settle-
ment of rent, or
(c) survey, preparation of record-of-rights and
setlIement of rent,
shall with respect to any local area, be carried on
simultaneously and upon such order being made,
the provisions of this Act shall apply to such proceed-
ings with such modifications as may be prescribed, - , --- . -- - -- - -- -.--. ---
I. Suhtit ubd by t be Orim Sumy and %trIomont (AmcM~nt) M.
1962 (Or. Act 7 of 19621, s. 29.
(2) Where simultaneous proceedings have been
ordered under clause (u) or (c) of the preceding sub-
section, the Assistant Settlement Officer and the
Settlement Officer shall respectively exercise all the
powers of Survey Officer and Chief Survey Officer.]
'137. (1) In the demarcation of village boundaries Fzig
for the purpose of making a survey and preparing bounrlarits.
a record-of-rights under this Act the area contained
within the exterior boundaries of the village shall,
as far as possible, be preserved as the unit of survey
and record and no other area shall be adopted as
such unit without the sai~ction of thk. Board of Revenue.
(2) In respect of any area which is not a village,
the unit aforesaid shaII be as may be directed by the
Chief Survey Officer or the Settlement Officer.
(3) The procedure to be followed in declaring
any tract of land to constitute a village shall be as
may be prescribed.]
2[38. (I) All records published in the course of Vdidation of Past rboords proceedings relating to survey, preparation of record-
of-rights or settlen~ent of rent and all records main- and*1'"- 1
tained, before the date of commencement of this meat of reat.
Act under the provisions of any law for the time being
in -force or any custom having the force of law or
. under orders .of Government, shall be deemed to
have been finally published or maintained under
sections 6-C, 12-B, 23 or 16, as the case may be and
all rents settIed prior to the said date under any such
law, custoin or order, as aforesaid, shall be deemed
to be settled under this Act.
(2) The other provisions of this Act shall mrrtatis
murandis, apply to all such records and rents so
settled.
E.rplanation-For the purposes of the application
of sections 6-D, 15, 25 acd 42 the date of final publi-
cation shall be taken to be the date of commence-
ment of the Orissa Survey and Settlement (Amend-
ment) Act, 1965.
1. Substituted by the Orha Survey and Se~flcrnent (hendmmt) Ad,
1962 (Or. Act 7 of,1962), s. 37.
2. Substitutd by thc Orissa Survey and ScltIemcnt (Amcndmcnt) Act,
1965 (Or. Act 9 of 1965), s. 3.
72 THE ORISSA SURVEY AND SE~EMENT ACT, 1958 [Or. Act
(3) Notwithstanding anythin8 in the forcgcling
sub-sections, no- proceedings shall be maintainable---,
(a) under sections 6-D, 15 or 25 if the record
nr anv entry therein or the settlement of
rent had, prior to the date of commence-
ment of the Orissa Survey and Settje-
ment (.%-r;endment) Act, 1965, been - 9 Orissa or ~BN. ~ct
(i) subject to a revision by the Board of
Revenue ; or
(ii) after bd ng made, further considered
by any authority in accordance with
any law or under orders of Govern-
nlent ; or
(iii) subject to any decision by a Civil
Court ; or
(b) under section 42 if the matter had been
in issue in a previousIy instituted suit
in a Civil Court. ]
Prolsfion of 40. KO suit or other legal proceeding shall lie
a- 1%~ against any person for a~ything in good faith done "ndff or purporting to be done under this Act or any rule Act.
or order made thereunder.
artstion of 41. 2hy Settlement Officer or Chief Survey
arithmeticl~ Officer or' any other officer specially empowered
mistalct9- by the Board of Revenue1 in this behalf may on
application or on his *own motion, wrrect' any
clerical or arithmetical mistake in any map, plan
or in any record-of-rights or any error arising therein
from any accidental slip or omission :
Provided that no such correction shall be made
unless reasonable notice has been given to the parties
concerned.
--
I. Omitted by the Orissa Survey and Settlemmt (~mtndment) Act, 1961
(Or. Acl 9 of1,1965), s. 4.
2 Substituted ~y :he Orissa Survcy and Settlement IAmendment) Act*
1962 (Or. Act 7 of 1962), s. 32
'[42- (I) No suit shall be brought in any Civil tz$f$:$
Court in respect of any order directing survey, pre- or Civil
paration of record-of-rights ' or settlement- of rent
under this Act or in respect of framing, publication,
elgni~g or attestation of any record thereunder or
any pad thornof;
Provided that any person aggrieved by any entry
in or omission from any record finally published
under gection 6-C, -12-B or 23 or in purstlance of
swtion 36 may, within thee yenl-s front the date of
such pubhatian, institute a suit for relief in 3 Civil
Court ha* jurisdi:cti,on.
(2)'iWen such court .has passed final orders
it shall: notify the: same to the Collector of the district
and all such'alterations as may be necessary to give
eefect to the orders of the said Court shall be made
ialthe records published as aforesaid. 1
43. (1) The Government may, after previous zym11,,:,9 publication, make rules2 fbr the purpose of carrying
out the provisions of this Act.
(2) In particutar and without prejudice to the
generality of the foregoing power the Government
may make ru1es:-
(i) to regulate the procedure to be followed
by 3[different officers -and authorities]
-in the discharge of any duty imposed
dr the exercise of any power conferred
upon them by or under this Act and
may by such ruIes confer upon any such
Officer-
@) any power exercised by a Civil Corn
'id the trial of suits ;
J.'9hbatifuied by the 0rksa.Surey and Settlement I Amendmot ) ~a, '
B62 AF~ Y nF:1963 1: P, -33.
2, For Rules, see NolSn. No. 46572-8--6/60-H. dated tbc 29th October
1960, pllblisb~d in the Orissa Gazette, Extraordinary, dated the 29th October
I9Kl ( No. 679 1.
74 TEIB ORISSA SURVEY AND SETTLEMENT ACT-, 1958 [Or. Act
(Sec. 44)
(6) power to enter upon.any land and to
survey, demarcate and make a map of the same * * . * : ~,nd
(c) power to cut and thrash the crops
' ' - on any land and weigh the produce
with a view to estimating the capab-i-
lities of the soil ;
(ii) ,to prescribe thc forms to be used and the
mode of service of notices issued under
this Act where no form or mode is pres- .
cribed-by this or any other Act ;
(iii) as to the procedure to be followed '[in
hearing applications and appeals] under
this Act ;
(iv) as to the fees, costs and charges to be
paid for the purposes of this Act ; 3[not-
withstanding anything in the Court-fees
Act, 18701; 7 of I870
(v) for the survey of lands and the preparation
of a record-of-rights and of settlement
of rent ;
-
(vir') prescribing, .the form in. which registers
-shall be maintained of applications and
appeals dispo6ed of umder this Act ;
(viii) 4* *- *
. .
R~IGS to ba 44. Afl rules made under section 43 ' shall be
Inid laid as soon as possible after they are made before
kb'ym the Orissa Legislative Assembly for a total period of
meen days which may be comprised in one session
or in two or more sessions, and shall be subject to
such rnodiiications as the Assembly may make during
the said period.
1. Omitted by the OdQm Sumy and !%rtkm@t (Awd~nl) Act,.
I9e (Or. Ad 7 or 19623. s. 34 (a).
2. Substitutd by ibid, s. 34 (6) for " in applications".
3, Added by ibid. .a. 341~).
4. Omittsd by ib!d. s .34 U).
3 of 19591 THE ORISSA SURVEY AND SE~MENT ACT, ,1958 75 .
45. With effect from the date this Act comes
into force in any area the laws mentioned hereunder
shall, wi'h respict to the said area, be repealed
namely :-
, -
(a) any law in force in any of the me-rged . '
territories to the extent it is repugnant
to the provisions of this Act ; and
(b) the enactments specified in column 2 of
the Schedule to the cxtent speczed in
columii 3 thereof.
46. (1) Nothing contained in this Act shall in~kyf
any way affect any: procedings pending on the date
this Act comes into force under any of the enact-
ments or laws referred to in section 45 ar~d '[all such
proceedings shall bExcerpt shown. Open the full act in Lexace.