The Odisha Vesting of Properties (in Grama Sasans) Act, 1964

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ORISSA ACT 10 OF 1964
An Act for vesting of certain properties in the Grama Sasan for better
management and control thereof and for extinguishment
of rights therein
Whereas it is expendient in the public interest to provide for the vesting
of the possession, management and control of orchards, tanks and trees,
belonging to Government in the Grama Sasans for the better management,
control and utilisation of such properties in the manner hereinafter appearing;
It is hereby enacted by the Legislature of the State of Orissa in the
Fifteenth Year of the Republic of India as follows:
1. Short title, extent and commencement :– (1) This Act may be called
the Orissa Vesting of Properties (in Grama Sasans) Act, 1964.
(2) It extends’ to the whole of the State of Orissa.
(3) It shall come into force on such date as the Government may, by
notification, appoint in that behalf.
2. Definitions :– In this Act unless the context otherwise requires–
(a) “Claims Officer” means a Sub-divisional Officer and includes any
other Officer not being below the rank of a Deputy Collector
appointed as such by Government;
(b) “Government”  means the State Government of Orissa;
(c) “Grama Sasan”, “Grama Panchayat”  and “Grama Fund” shall
respectively mean the Grama Sasan. Grama Panchayat and
Grama Fund constituted under the Orissa Grama Panchayats Act.
1948 (Orissa Act 15 of 1948):
(d) “prescribed”  means prescribed by rules made under this Act.
3. Vesting of orchards and tanks belonging to Government :– (1) The
Collector may, in the public interest by notice published in the prescribed
manner declare the possession, management and control of any tank, orchard
*. Published vide Orissa Gazette Ext./4.7.1964-O.A. No. 10 of 1964.
For Statement of Objects and Reasons see Orissa Gazette Ext. No. 134/
04.03.1963; and for Report of the Select Committee see ibid. No. 679/
26.09.1963.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
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or tree belonging to Government to have vested in the Grama Sasan having
jurisdiction:
Provided that no such declaration shall be made in respect of any such
property wherein any village community or a Section thereof has any rights
other than rights as were liable to be terminated without payment of
compensation at any time by or on behalf of Government unless the Grama
Panchayat of the Grama Sasan having jurisdiction, by resolution passed by
two-thirds majority, expresses its willingness to take over such property.
(2) Upon a declaration being made under Sub-Section (1) the rights, if
any, of all persons including any village community or a Section thereof in
respect of such tank, orchard or tree shall stand extinguished:
Provided that nothing herein contained shall affect–
(a) the customary use of water of such tank for purposes of drinking
or bathing; or
(b) any irrigation rights therein allowed under the law in force in the
area.
4. Filing of Claims :– (1) Upon the extinguishment of rights under Section
3 any person interested, whose rights are so extinguished may within sixty
days from the date of publication of the notification under the said Section
apply in the prescribed manner to the Claims Officer having jurisdiction for
determination of the compensation, if any, payable in respect of such rights:
Provided that no compensation shall be payable in respect of rights as
were liable to be terminated without payment of compensation at any time by
or on behalf of Government.
(2) On receipt of an application under Sub-Section (1) the Claims Officer
shall after giving the parties concerned and the concerned Grama Panchayat
an opportunity of being heard and after holding an enquiry in the prescribed
manner determine the nature of the rights and the compensation, if any, payable
in respect thereof in accordance with the provisions of Sub-Section (1) of
Sections 23 and 24 of the Land Acquisition Act, 1894 (1 of 1894).
(3) The compensation determined by the Claims Officer under Sub-
Section (2) shall be paid by Government in the manner prescribed.
(4) Government shall have the right to be impleaded as party to the
proceedings before the Claims Officer.
5. Taking over possession and management of properties vested in
Grama Sasans :– (1) Upon a declaration being made under Section 3, the
Grama Sasan concerned shall subject to such conditions and restrictions as
may be prescribed be entitled to the possession, management and control of
the property in respect of which such declaration has been made and in the
event of any obstruction in taking over possession of any such property the
Grama Sasan may apply to the Collector who shall take such steps as may be
necessary to put the Grama Sasan in possession of the property.
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(2) The income from the aforesaid properties shall be credited to the
Grama Fund.
(3) The accounts in respect of such properties shall be maintained in
the prescribed manner.
6. Special provisions in respect of properties already vested :– (1) The
provisions of this Act and the rules and orders made thereunder shall, so far
as may be, apply in relation to a tank, orchard or tree belonging to Government,
the possession, management and control whereof has vested in the Grama
Sasan in pursuance of an order made by Government before the date of
commencement of this Act and shall, subject to the provisions of Sub-Section
(2), have force and effect as fully and effectively as if the vesting of possession,
management and control of such property in the Grama Sasan had been
effected under this Act on the date aforesaid:
Provided that nothing herein contained shall have the effect of
extinguishing any rights in such property validly created in favour or any person
by the Grama Sasan at any time after the date of the orders of Government
as aforesaid.
(2) In respect of any tank, orchard or tree to which the provisions of
Sub-Section (I) apply–
(a) a declaration specifying such property shall be deemed to have
been made by the Collector under Section 3 on the date of
commencement of this Act;
(b) an application under Sub-Section (1) of Section 4 may be made
within sixty days from the date of commencement of this Act;
and
(c) all proceedings pending on the said date in any Civil or Revenue
Court or before any other revenue authority in so far as they
relate to any rights extinguished by the operation of this Act shall
stand annulled.
(3) The provisions of this Section shall have effect notwithstanding
anything to the contrary contained in any other law or contract or in any
judgment, decree or order of any Court or other authority.
7. Withdrawal from Management :–  (1) If at any time it appears to
Government that-
(a) the Grama Sasan is not capable of efficiently managing any
property specified in any declaration made under Section 3; or
(b) it is otherwise necessary in the public interest so to do; they may
by order direct that the possession, management and control of
such properties shall stand transferred to the Government:
Provided that on such order being made–
(a) the Grama Sasan shall be entitled to such compensation as may
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be determined by Government in respect of improvements of a
permanent nature, if any, affected by the Grama Sasan at its
own cost; and
(b) the rights, if any, created in favour of any person by the Grama
Sasan at any time during the period such Grama Sasan remained
in possession shall stand extinguished and such person shall be
entitled to compensation, so far as may be, in accordance with
the provisions of Section 4 on an application made in that behalf
within sixty days from the date of the said order.
(2) On and from the date of the order made under Sub-Section (I) the
declaration under Section 3 shall cease to have effect and the income of such
property after the said date shall be credited to the Consolidated Fund of the
State.
8. Appeal and revision and bar of jurisdiction of Civil Courts :– (1) Any
person aggrieved by any decision of the Claims Officer under Section 4 may.
within thirty days from the date of the order, prefer an appeal before the,
Revenue Divisional Commissioner having jurisdiction.
(2) Any person aggrieved by any order passed in an appeal under Sub-
Section (1) may, within ninety days from the date of such order, file an
application for revision on a question of law before the High Court.
(3) Subject to the decisions in appeal or revision, if any, under the
preceding Sub-Sections all orders made under this Act shall be final.
(4) No Civil Court shall have jurisdiction to entertain any suit of
proceeding so far as it relates to any matter which any Officer or other
competent authority is empowered by or under this Act to decide.
Explanation :–  For the purposes of this Section “person” shall include
Government.
9. Authorities to exercise certain Powers of Civil Court :–   (1) The
Claims Officer, Collector and the Revenue Divisional Commissioner shall for
the purposes of this Act have the same powers as are vested in a Civil Court
under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in
respect of-
(a) summoning and enforcing the attendance of witnesses and
examining them on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit; and
(d) such other matters as may be prescribed.
(2) All enquiries and proceedings before the aforesaid authorities under
this Act shall be deemed to be judicial proceedings within the meaning of
Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).
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10. Power to make Rules :– ( 1) The Government may make rules to
carry out purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for–
(a) the procedure to be followed by the Claims Officer, Collector
and the Revenue Divisional Commissioner while proceeding under
any of the provisions of this Act;
(b) the forms of applications, notices. and books of account;
(c) all other matters which, under the provisions of this Act, are
required to be or may be prescribed.
(3) All rules made under this Section shall be laid before the Legislative
Assembly as soon as possible after they are made for a total period of fourteen
days which may be comprised in one or more sessions and shall be subject to
such modifications as the Assembly may make during the said period.
11. Act to override other Laws :– Save as otherwise expressly provided
the provisions of this Act shall have affect, notwithstanding anything to the
contrary in any other law, custom, or usage or agreement, sanad or other
grant or in any decree or order of Court or any other authority.
12. Power to remove doubts and difficulties :– If any doubt or difficulty
arises in giving effect to the provisions of this Act, Government may, as occasion
may require, by order, do anything not in consistent with the provisions of this
act or the rules made thereunder, which appears to them necessary for purposes
of removing the doubt or difficulty.

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