The Odisha Board of Revenue Act, 1951

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The Orissa Board of Revenue Act, 1951
Act 23 of 1951
Keyword(s):
Revenue Commissioner, Board of Revenue, Commissioner Northern Division
1
THE ORISSA ACT NO. 23 OF 1951
THE ORISSA BOARD OF REVENUE ACT, 1951
[Published vide Orissa Gazette Ext. No. 192/31.7.1951. For Statements of
Objects and Reasons see the Orissa Gazette. Ext. No. 170 of 1951]
AN ACT TO CONSTITUTE BOARD OF REVENUE FOR
THE STATE OF ORISSA.
Whereas it is expedient to constitute a Board of Revenue for the State of Orissa in the
manner hereinafter appearing. It is hereby enacted as follows:
Statement of Objects and Reasons -After the inception of the Province of Orissa a
Revenue Commissioner was appointed and he was charged with the functions of the Board of
Revenue. He was discharging those functions till the merger of the states when it was found
that the Province has become too big to be managed by the Revenue Commissioner alone. So
the post of the Commissioner, Northern Division, was created and he was given the powers
of a Board of Revenue in respect of his charge, the functioning of two independent officers as
Board of Revenue did not work very satisfactorily and t he necessity for a Board of Revenue
for the entire State of Orissa was keenly felt. The Bill therefore seeks to create a Board of
Revenue with three members. With the creation of the Board the Revenue Commissioner, the
Commissioner, Northern Division and t he Commissioner of Excise will be abolished and
their functions will be taken over by the Board. The functions of the Food Commissioner will
be discharged by a member of the Board. The post of Food Commissioner will not be filled
up.
2. The creation of the Board will be administered conveniently as it will cut out
the stages of reference between the district offices and the Government. Henceforth the
Board will take orders from Government and communicate them to the district offices This
will ensure quic ker transaction of business, effecting economy in expenditure at the same
time as tour offices, namely, those of the Revenue Commissioner of Excise and the Revenue
Department of Government will be condensed into one.
REFEERED TO: ILR (1977) cutt. 334: 1985 (I) OLR 457: AIR 1986 Ori. 20.
1. (1) This Act may be called the Orissa Board of Revenue Act. 1951.
(2) It shall extend to the whole of the State of Orissa
(3) It shall come into force on such date [The Act came Into force or 1.8.1951. vide
Notfn. No. 706R -R/ 31 .7.1951 published in the Orissa Gazette Ext. No. 193/31.7.1951.] as
the State Government may by notification appoint.
Short title,
extent and
commencement
.
2
[Substituted vide Act No. 18 of 1957. Section ]
2. There shall be constituted for  the State of Orissa a Board of Reve nue
(hereinafter referred to as the Board ) consisting of one member to be appointed by the State
Government by notification.
Provided that when the member is, by reason of absence or otherwise, unable to
perform the duties of his office, the State Government may appoint any person to be, for the
time being, the member of the Board.
3. All references in any enactment or in any notification, order, scheme, rule,
form or bye-law issued, made or prescribed under any enactment to
(a) the Revenue Comm issioner as specified under the Government of India
(Constitution of Orissa) Order. 1936, or
(b) the Boards of Revenue of the Provinces of Bihar and Orissa and Madras
and other authorities whose functions were assigned to the Revenue
Commissioner, Orissa by the notification of the Government of Orissa No.
22, dated the 1st April 1963, or
(c) the Commissioner as defined in the Administration of Orissa States Order,
1948 , or
(d) the Revenue Commissioner under the Administration of Mayurbhanj
State Order, 1949; [Added ibid] [or]
[Inserted vide Act No. 18 of 1957. Section 2. ]
( e)  the Board of Revenue as constituted after the 1st day of August, 1951 and
continued till the date of commencement of the Orissa
[Board of Revenue (Amendment) Act. 1957]
[Substituted by ibid, Sec. 3. shall be construed as references to the Board as
constituted by or under this Act as amended by the Orissa Board of Revenue
(Amendment) Act. 18 of 1957].
[Substituted ibid Section 4.]
4. Subject to the control of the State Government the duties of the Board shall be
(a) the superintendence of the administrative work of Revenue Divisional
Commissioners as may be appointed under the Orissa Revenue
Divisional Commissioners Act 19 of 1957 and of the Collectors and
other Revenue Officers of districts in respect of such Revenue matters
as may be prescribed;
(b) recommendation of such propositions to the State Government as in
the opinion of the Board may be calculated to augment or improve the
Construction of
references to
former Boards
3
State Revenues relating to matters referred to in Clause (a) ;
(c) to superintend and regulate the collection of revenue from all revenue -
paying and revenue -free lands or estates under the laws for the time
being in force in the State:
(d) to superintend and regulate all  measures of land reforms: Provided that
it shall be competent for the State Government to assign to the Board
such other duties and functions as they may deem fit.]
REFERED TO: 1984 (1) OLR (BOR) 18.
[Omitted vide Act No. 20 of 1959. Section 2.] [* * *]
5. [Omitted vide Act No. 18 of 1957. Section 5,] [* * *]
6. [Omitted vide Act No. 18 of 1957. Section 5,] [* * *]
7. (1) The Board may either on its own motion or on the application of any person
aggrieved by any order of the Board, review any o rder passed by itself and pass such order
in reference thereto as it thinks fit:
Provided that no order shall be varied or reversed unless notice has been given to the
parties interested to appear and be heard in support of such order.
(2) Every applicat ion under Sub -section (I) for a review of any order shall be
made within three months from the date of the order:
Provided that the Board may in its discretion in any case extend such period, if
sufficient reasons be shown for so doing,
CASE  LAW - Orissa Board of Revenue Act, 1951 - Section 7 -Power of Board to
review an order- This power can he exercised under Section 15 (b) of the Orissa Survey and
Settlement Act, 1958-40 (1974) CLT 917.
8. (1) The Board shall have superintendence over all Courts for t he time being
subject to its appellate or revisional jurisdiction and may do any of the following things:
(a) call for returns;
(b) make and issue general rules and prescribe forms for regulating the
practice and proceedings of such Courts:
(c) prescribe forms in which books, entri es and accounts shall be kept by
the officers of any such Courts; and
(d) settle tables of fees to be allowed to the attorneys and all clerks and
officers of Courts:
Power of
Board to
review any
order.
Administrati
ve functions
of the Board
4
Provided that such rules forms and tables shall not be inconsistent with the provision
of any law for the time being in force and shall require the previous approval of the State
Government.
(2)  Nothing in this section shall be construed as giving to the Board any
jurisdiction to question any judgment of an y inferior Court which is not otherwise subject to
appeal or revision.
(3) The State Government shall be competent to fix the station at which the Board
[Deleted vide Act No. 18 of 1957, Section 6.] [* * *] from time to time when not employed
on the duties of circuit shall ordinarily hold the sittings:
Provided that the State Government may from time to time alter the place of such
sitting of the Board [Deleted vide Act No. 18 of 1957, Section 6.][*’* *] as they may from
time to time, deem expedient.
9. (1) The enactments specified in the Schedule are hereby repealed to the extent
mentioned in the forth column thereof.
(2) Anything done orders passed and appointments made under the said Acts and
in force immediately before the commencement of this Act [Inserted ibid, Section 7.][as
amended by Orissa Board of Revenue (Amendment) Act. 18 of 1950] shall continue in force
and be deemed to have been done passed or made under the corresponding provisions of this
Act.
CASE LAW -Orissa Board of Revenue Act, 19 51-Section 9 (I) and (2) - Appellate
order of Collector under Bihar and Orissa Public Demands Recovery Act - Power of revision
against -The Band OPDR Act is vested in the Board of Revenue- AIR 1966 Ori. 124.
10. The Board of Revenue for Orissa constituted under Section 2 shall have, in respect
of the territories for the time being included in the State of Orissa, all such original appellate
and other jurisdiction as under the law in force immediately before the date of
commencement of this Act [Inserted Act  No. 18 of 1957, Section 8] [as amended by the
Orissa Board of Revenue (Amendment) Act. 18 of 1957] is exercisable in respect of the said
territories or any part thereof by the Revenue Commissioner. Orissa and the Commissioner,
Northern Division, functioning as a Board of Revenue.
11. [Deleted ibid, Section 9] [* * *]
[Substituted vide Act No. 18 of 1957, Section 10]
12. (1) The State Government may make rule not inconsistent with the provisions of
this Act for carrying out the purposes of this Act.
(2) Subject to the rules that may be made by the State Government the Board shall
have power to make regulations regulating generally the practice and procedure of the board
as to the time within which in the absence of any express provision in the relevant enactment
appeals or applications for revision to the Board may be filed as to the cost of and incidental
to any proceedings before the Board.
Repeal and
savings.
Jurisdiction
of the
Board.
Power to
make rules
5
[Inserted vide Act No. 18 of 1957. Section 11.]
13. if any difficulty arises in giving effect to the provisi ons of this Act the State
Government may, as occasion requires do anything which appears to them necessary for the
purpose of removing the difficulties.
THE SCHEDULE
Enactments Repealed
[See Section 9]
Year No Short Title Extent of Revenue
1913 I The Bihar and Orissa Board of Revenue Act,
1913
The whole
1894 I The Madras Board of Revenue Act, 1894 Ditto
1803 I The Madras Board of Revenue Regulation,
1803 Ditto
1948 VIII The Orissa Revenue Commissioners’
(Regulation of Functions) Act, 1948 Ditto
Removal of
difficulties.

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