LexThe Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972
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The Orissa Consolidation of Holdings and Prevention of Fragmentation of
Land Act, 1972
Act 21 of 1972
Keyword(s):
Agricultural Land, Chaka, Consolidation, Consolidation Area, Consolidation
Scheme, Fragment, Land Owner
O-SA ACT $1 OF 1972
THE ORISSA CONSOLIDATION OF HOLDINGS AND
PRRVENTION OF FRAGMENTATION OF LAND ACT, lW2
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
CHAPTER I1
PR~PARA~OH OF MAP AND LAND REOISTER
3. DecIaration and notification regarding consolidation
4. Effcct of no1 ificetion
6. Preparation of map, land regi~~cr and determination of vaIuation ant1 share in joint
holdings.
7. Powers relating to Partition of joint holding, amalgamation d holdings and to
determine rcnt and cess and effect change in the village boundaries.
8. Preparation of stcternent or principles
9. Publication of records and issue of cxtracts and notices
10. Disposal of objectj on by thc Assistant Consolidation Oficer
1 I. Disposal of objections by the Consolidation Oficer
12. Appeal
13. Revision of Map and Land Rcgister
14. Bar on objections
15. Decision of matters relating to changes and transactions affecting right of interest
recorded in revised records.
CHAPTER XU
PREPARAWON OF CONSOLTDATION SCHEME
16. Conditions to be fulfilled by Consolidation Scheme
17. Preparation of provisional Consolidation Scheme
18. Publication of the provisional Consolidation Scheme and receipt of objections . ,
thereon.
19. DisposaI of objection
20. Appeal
21, Codrmation of provisiollal Consolidation Schcmc
22. Preparation and publication of final map and rrcord-of-rights and coming iuto force
of'the final- Consolidation Schcme.
CHAPTER IV
ENFORCEMENT OF THE SCHEMY
23. Entering into possession by the Iand-owner
24. Compensation for housos, structures, trees, wells, ctc.
25. DeIivery of possession
26. Cornpeasation for standing crop
27. Recovery of compensation
28. Reduction of rent and ass on account of contribution of land for public purpasr
29. Amount to bc paid for land contributed for public purpose
30. Vesting of land contributed For public purpases and ail0 tted to SEate. Govewmcnk
31'; Consequences to ensue on [and-owner;entering into possession
32. &st of consdidation operation
CHAPTER V
P~ev ENT~ON OF FRAGMENTATION
33. Application of this Chapter
34. Prevention of Fragmentation
35. Conseqnen~s of transfcr or partition contrary to provisions of section 34.
CHAPTER VX
36. Revision
37. Power to call for records.
38. Powers of Board of Revenue
99. Exchange of possession
40. MU&I exchange of chakas among land-o.wners
41. Closure of consolidation operatioas
42. Exemption from court-fee
43. Instrument not necssary for transfer
I
700
44. Powers of Civil Court to be exercrsca by autri>rtttcs uwer 1nIs Art
45. Powver as rcgards production of documents
46. Power to enter upon land for survzy alld demarc.tLio~l
47. Jurisdicrion of courts
48. Correction of clericnl and arit hmatical mistakes
49. Powcrs of subordinate authority to be excrciscd by a supcrior
50. Delegation of powers
51. Bar of jurisdiction of Civil Courts
52. Indemnification of Acts done in good hith
53. Transfer made in contravention of the provisions af the Act
54. Penalty for contravening provision of the Act
55. Penalty for destruction, damage or ramov~l of survey marks
56. Penalty and compensation recoverable as public dcrnantl
57. Limitation
58. Rules
59. Act to override other laws
60. Repeal
ORISSA ACT 21 OF 1972
'[ THE ORISSA CONSOLIDATION OF
HOLDINGS AND PREVENDON OF FRAG-
MENTATION OF LAND ACT, 1972. ]
[Aeceived the assent of the President or1 ihe 16th
November 1972, 3rd published in an extraordinary
issue of the Orissa Gazette, dared the 30th
IVove&er. 1972 ]
AN ACT TO PROVIDE FOR CONSOLIDATION OF
HOLDINGS AND PREVENTION OF FRAGMENTATION OF
LAND FOR DEVELOPMENT OF AGRICULTURE IN
THE STATE OF ORISSA
BE it enacted by the Legislature of the State of
Orissa in the Twenty-third Year of the RepubIic of
India, as follows :-
CHAPTER I
PRELIMINARY
1. (I) This Act may be called the Orissa ConsoIi- zi;2t2:i
dation of Holdings and Prevention of Fragmentation comment+
of Land Act, 1972. ment.
(2) It extends to the whole of the >tatc of
Orissa.
(3) This sectiou shall come into force at once and
the remaining provisions of this Act shall come into
force2 on such date or dates as the State Governtrcnt
may, by notification, appoint in this behaIf and
different dates may be appointed for different areas of
the State.
2. In this Act, unless the context otherwise nchnitinhr
requires,-
(a) "agriculture" includes the raisin? of crops,
grass or garden produce, I~or\iculture,
1. For Statcmcnt of Objccts and Reasons Scc Orissa Gwotte, Extraordi-
nary, dated the 7th January 1972, (NO. 51) and for Report or Sclect Cornmi-
itce, scc ibirl, ddatc~l i!ic 3rd April, 1977 {No. 425).
2. Sections 2 to 60 came into force tllfougtrorit rbc State wirh effect from
the 10th AuGust 197?. vide Orissa Gazette, Extraordinary, datcd the 8th
~ugast, I973 (NO. 1030 1.
704 THE ORISSA CONSOLIDATION OF HOLDINGS AND [Or. Ac~
dairy farming, brceding and keeping of
live-stock, pisciculture, poultry farming and
use of land as pasmce or for forest or fcr
any purpose where such use is ancillary to
agrjculture ;
(b) "agricultural land" means land held or
occupied for agriculture .or for purposes
connected with agriculture and includes-
(i) a house or similar structure standing
over such land ancillary to agriculture
and
(ii) trees, wells and other improvements
existing on such land j
(~1 ccAss ist ant Consolidation Officcr" means a
person notified as such by the Cansolida-
tion Commissioner to exercise the powers
and perform the duties of an Assistadt
Consolidation Officer under this Act and
the rules made thereunder ;
(dl "Board of Revenue" means the Board of
Revc:nue constituted under the Orissa :
Board of Revenue Act, 1951 ; 23 OT 19~1. :
(e) "chaka" means a compact parcel of land
allotted to a land-owner on consolida-
tion ;
(f) "consolidat ion" means amalgamation arid
redistribution of a parcel or ' fparels of
land] comprised in different,hoIdin~s of a
unit ;or the purpose of rendering .such
holdings more compact ;
Explanation-For the purpose of this
clause, holding shall not include the follo-
wings-
2E (i) lads which are covered by [orchards,
groves or homesteads] by the date of
publication of s notification in the
official Gazette under sub-section (I)
of section 6;]
--- -.. . - - - . - -. -, .
1. Subs(ituted by the Orissa Consolidation of Holdings and Prevention of
Fragnienta~ion of Land (Amcndmcnt) Act. 1979 (Or. Act 31 of 19791, S. 2 (a)
m. c. f. 23rd May 1979.
2. Substitutcci by thc Oricsa consolidation nf Holdings and Prcvcntion of
Fragmentation of Land (Amcndnlent) Act, 1976 (Or. Act 15 of 1976), s. 2 (a).
3. Substitt~tcd by thc Otissa Consolidation of Holdings and Prevention of
Fragmentation of Land (Amfldmcnt) Act;; 1979 (Or. Act 3 1 of 1979). s. 2 k)
w. e. f. 23rd May, 1979.
(Sec. 2 catrtd.)
(ii) land which, in the opinion of the Direc-
tor of Consolidatior, is subject to
severe fluvia1 action, inteilsive soil
erosion or prolonged water-logging or
is otherwise u& for cultivation ;
and
(iii) such other areas as the Director of
Consolidation may declare to be un-
suitable for the purpose of consoli-
dation:
[Provided that no such declaration shall be
made on a-daim preferred by any land-owner
if such claim is preferred after the date of
' - publication of the Provisional consolidation
,S&~me . . relating to the area under section 1 8;
(g) "consolidation area" means the area in
respect of w&& a not%cqti.on wder sub-
sect-ion (1) of section 3 has been issued ;
(h), "Conso lidation l om missioner" means the
Consolidation Commissioner n~tsed as
- - such by the State Government to exercise
. . the' poweTs and paforin the ddties of the
Consolidation Commissioner under this
Act and the rults made thereunder ;
, - Ci)," consolidation Committee " means a
Committee to be constituted far each unit
in the manner for the purposes
ofithis Ad which shall consist of at 1eaJ ... - . : One representative clf the landless persons
and of each category of land-owners of
.- .
, the unit and one person from among the
members of the Scheduled Castes and
Scheduled Tribes of theunit if the afore-
said representatives do ilot include a mem-
ber of the said Castes and Tribes ;
(j) "Consolidation Officer" means a person
notified as such by the Board of Revenue
to exercise the powers and perform the
duties of a Consolidation Oficer under
this Act and the rules made thereunder ;
, , . (kJ, c:~onsolidati6n scheme" means the scheme of consolidation prepared under this Act;
- - I. Insertcd by thc Orissa Conso~idati~n or Holdingsand Prevcnflonof
EraggiqLatton :of-hnd. (Amcodmen t) Act, 1979 (Or. Act 3.1 of 1979); s. 2 (c), w4r e. f. .= May, t 979. ,
(89-73 (a1 ];awl
' [(k-1) "co-operative society" means a society
xegis!ered or deemed to have becn register-
ed under the Orissa Co-operative Societies
Act, 1962 and includes a Land Development orissa ~ct 2
3ank as defined in that Act;] of 1963
(1) " Director of Consolidation " means the
person notified as such by the Statc
Government to exercise thc powers acd to
perform the duties of the Director of
Consclidation under this Act and the
rules made thereunder and shall include
an Additional Direct or of Consolidation,
a Joint Director of ,Consolidation and a
. . 'Deputy Director of Consolidation appoin-
. .
ted by the State Government to discharge
,..... . . . -any of-t-he functions of the Dire~tor under
: .. .. this -Act ;
-- .
(m) "fragmect" means a compact parcel of
agricultural land hdd by a land owner by
himself or joimly with otbeis comprising
an area which is less than :-
(i) one acre in the districts of Cuttack,
Puri, Balasore and Ganjam and in the
Anandpur Subdivision in the district
of Keonjhar ; and
(ii) two acres in the other areas of the
State ;
'(n) "holding" means a parcel or parcels of land
forming the subject-matter of a separate
tenancy;
. . - (0). land " means land of whatever descrip
. . ' tjon ;
(p) 'I land owner " means-
(i) a raiyat ;
r'
(2) a se~ce tenure holder 2
(iv) a land holder,
and includes a GrarnaPaochayaf,p Local
Authority or a Co-operative Socrety which
holds land ;
: 1. lnsertid b~ thc Orissa ConsolIdation of Holdlop and Prcventioo of Fragmentation of Land (Amendment) Act, 1976 {Or Act.1.5 of 1976),.~..2 ;'(b).
- .- : -a ,- .- :b: :
> - , ,+. *I ..- > .' I
ACT, 1Y/L
(Sec. 3)
(q) '' prescribed " means prescribed by rules
made under this Act ;
(r) " public purpose " includes auy purpose in
relation to any cornmoil need, convenience
or benefit of the viIlage ;-
(s) &' rectangulation " means the process of
dividing the area of a unit into rectangles
and parts of rectangles of convenient sizes
with a view to regulating the allotment
of chakas during consolidation ;
(t) g4 rules " means rules made under this Act ;
. (u) " unit " means one or more villages - noti-
fied as such under sub-section (I) of sec-
tion 6 for the purpose of framing a single
scheme of consolidation in respect thereof;
(v) " village " means any tract of Iand which,
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 or which has been constitu-
: ted as such under sub-section (4) of
section 7 ; and
(w) words - and expresdcjns used in this Act
ortssa~ct . . - . but not defined shall have the same
160f19M) +' , , meanings as assigned to them in the Orissa
Land Reforms Act, 1960 :
.? .
Provided tbat such of the words and expressions
as aforesaid which are not- defiried in the Orissa . Land
~,"0~1~ R!forms Act, 1960 shall have the same meanings as
assidned to them in the Orissa Survey and Settlement
PREPARATION OF MAP AND LAND
REGISTER
Oris= Act
3 of 1959. 3. (1) The State Government may, where they and ~cc~artion notifim-
are of opinion that any area may be brought under tlon . regard
consolidation operations, issue a notification to that ing consoli.
effect whereupon it shall become lawful for the
Consolidation Officer or his subordinate or any other
officer acting under his authority-
(a) to enter upon and survey in connection
with rectangulation or otherwise and to
take levels of any land in such zrea, if
necessary ;
(b) to clear by cutting or rerno~ing any tree,
jungIe, fence, standing crop or other
material obstruction during such survey or
taking of levels ; and
(c) to do a11 acts necessary to ascertain the
suitability of the area for consqligation
operations.
(2) The Consolidation Oficer shall cause public
notice of the not ifmation issued under sub-section (1)
to be given in the prescribed manner.
(3) The Assistant Consolid ation Offimr shall t er,-
der compensation to the person concerned for any
damage which may have been caused by any action
taken under sub-section (I) and in case of any dispute
as to the assessment or payment of tlhe amount so
tendered, he shall refer the matter for decision by the
@onsolidation Officer whose decision thereon shall be
final and shall not be questioned in.any court of law.
4. Upon the publication of the notification wm or issued under sub-section (I) of se-ction 3 -in the Offi- notf6cation.
cia1 Gazette, the consequences as hereinafter setforth,
shall, subject to the provisions of this Act, emue in
the c~nsoG&tiop .area till -the publicatj-on of notiha- .. . : ,
tion under se&on 41 or sub-section'(. of section 5,
as the case may be;-
61); the ceasolidation ma sb4 be dear id -&! -84
md~p consolidation operations and -the duty of:p- .
ration of record-of-nghts and map of eadqvdl9 e
,
. .. . . comprised io the area shall be performed: .hy ., , -. :, Assistant Consolidation Officer. who shall prepare " - - ,
them in the manner hereinafter provided ;
(2) notwithstanding anything contained in any
law for the time being in force, no land omer, except
with the permission in writing of the Consolidation
OfXicer previously obtained, shall, after publication
the notification under '[sub-section (I) ] of-section 13,
transfer by way of sale, gift, mortgage or exchange
any agricultural land, other than the categori&,.of
land mentioned in the explanation to clause (fi of
1. substithed by thc Orissa CosoIidation of Holdings afid Prevention of
Fragmenmt~on of Land (Amendmenl) Act, 1979(0r. Act 31 of 1979), 8 3 (a) (i),
w. e. f. 23rd May 1979.
seckion 2 ; Lana no document purporting to effect any
such transfer shall be registered by a registering
I 6 of 1908 o6wr ap,pointed under the Registrcltion Act, 1908
unless the document is accompanied by a certified
copy of the doresaid written permission;]
'[ (2-a) no land-owner shall, after the pu6Eca-
tim of the Map and Land Register under section 9,
convert any land in the unit to be used in any mann-
er 30 as to render it unsuitable for consolidation
without obtaining the permission in writing of the
consolidation officer.)
(3) every proceeding relatirig to Survey, prepara-
tion and m ainteaance of record-of-rights and set tie- . ,.
merit of rent shall stand abated after publicaha-, .. -',
of the notification under sub. section (1) of se.cti~nr6:;
ad I.
(4) every suit and proceedings for declaratiohh
of any rlght or interest in any land situate:w%?k
the co~soIidation area in regard to which prgcee.dings
cdld be or o,ught to be started under this Act, which
is pending before any Civil Court, whether of the;
first instance or appeal, reference or revisibn. shill,
on an order being passed in that behalf by the Cowrf,
before which such suit or proceeding is pending,
stand ,abated : . -
~rovided that no such order shall be passe& . :-- - ,.
without gi~hg the parties co.ncerned an opportm?Q . ; ::
~f ' bei~g,'beard.,: .. .
3 Prb~ided further that on the issue of a not&.
cation under sub-section (1) of section 5 in respect
of the said area or part thereof,-
(&) every order passed by the Court under
claw (4) in relation to the lands situate
in such area or part thereof, as the case
may be, shall stand vacated ; and
(b) all such suits and proceedings as are
referred to in clause (3) or clause (4)
which relate to lands situate in such area
1. Addcd by the OrisSa Consofidation of Holdings and Prevention of
Fngmcntation of Land ( Amendment ) Act, 1979 ( Or. Act 31 of 1979 ),
8. 3:(u),(ii), w.e. f. 22ndOcfober 1979,
2. Inserlcd by /bid., 5. 3 (b), w. e. f. 23rd May 1979.
3. Substitutd by thc Orissa Consolidarion of Holding3 and Prevention
of Fragmentation of Land (Amendment) Act, 1976(0r, Act 15 of 1976), s. 3.
or part thoreof, as the case may be, shall
bc proceeded with and disposed of in acco-
rdance with tile law as if they had never
abated :]
Provided also that such abatement shall be
withput prejudice to the right of the person affected
to agitate ibe right or interest which formed the
subject matter of the said suit or proceeding, before
the prdper consolidution authority in accordance
with the provisions of this Act or the rules made
thereunder.
~mce~letion - ! 5. (I) It shall bz lawful for thc State Govern- ol notifica-
tion. rnent at any time to cancel, by publimtion of an order ,to that effect in the Official Gazette, the
notification made under sub-section (I), of section 3
in respect of the whole or an) part of the area
specified therein. !
. -
(2) -Where a notification has been cancelled in
respect of any area under sub-section (1) such area
shall cease to be under consolidation operations !
with effect from the date of the cancellation.
"ep8ntion of map, hnd 6. (I) AS soon as may be after the publi+#jition
resister and of the notification under sub-section (I) of section 3,
f$zyi, the Director of Consolidation shall issue .a notifica-
ation aqd tion wnsfituting units and initiating preparation of
:$g$,Prnt maps and land register in respect of eachunit which
shall be .' [* * * *] published at
a consplcusus place of 1l1e village for a period of
not less than fifteen days.
(2) Upon publication [in the village] of the
notification under sub-section (I) and subjjfct to the
provisions heranafter contained, the Assist ant Con-
solidation Officer shall-
(0) prepare- the Map of each village in the
coasol~datlon arza in the prescribed
manner ;
. .
1. Omitted by the Orissa Consolidaton of Holdings and prevention of
Fraragmenlatian or Lsnd (Amendment) Act, 1979(0r. Acl3l or 1979),.s. 4(o),
w. e. f, 23rd May 1979.
, . 2. Substituted by ibid., s. 4 (6). w. c. f, 23rd May !979.
(b) prepare a Register known as the land
Register showjtlg particulars of the 1 ands,
interests therein, rent and cess settled
therefor and such other detaiIs as may
be prescribed;
(c) determine in consultation with the Con-
solidat ion Committee the valuation of-
(i) lands, arter taking into consideration
their produt ivity, Ioca tion, availabi-
lity of' irrigation faciIities and other
relevant factors, if any; and
(ii) houses, structures, trees, wells and
othcr in~provements existing on such
land ;
(d) determine the shares of individual' laud-
owners in joint holdings for thc purpose
of effecting partition to ensure proper
consolidation.
ExpJanarion-The expression " interests " shall
include the rent receivins interests of a land-owner
,and,of the interests of a tenant.
(3) The valuation determined under clause (c)
of sub-section (2) shall be approved by the Consoli-
dation Officer with such changes tis he deems
,necessary. . .
(4) The Assistant Consolidation Officer shall
-also prepare such other records as may be prescribed
to .facilitate. ionsolidation operations in the unit.
7. (1) Upon the publication of the notification PO,, elat-
issoed under su b-section (1) of section 3, no par ti- ;;:* 3%:;
tion of a holdins lying in the consolidation areahold inl,
under section 19 of the Orissa Land Reforms Act, ;~;lr;,~-
~~f;l;;,&t 1960, shall be effected by the Revenue Officer till in, ,,a I.
the publication af the notification under section 42 d eter m i n c
or sub-section (I) of section 5, as the case may be rcnt and cess
and dcct
and the Assistant Consolidation Officer and the ;!$;:e%
Consolidation Officer shall, in addition to the powers aades.
vested in them unter this Act, have pokers to effect
partition of joint holdings on application of- any
party interesfed not withstanding anything -to the
contraty contained in any other law for the time
being in.force: . . . .
( Scc. 7-conid. )
I[ Provided that a partition on tj~c basis of speci-
fic parceIs of and may, on an app1ic;:tion made in that
cehalf, be effected-
(0) where all the concerned land-owners agree,
by fhe Assistant Consolidation Officer or
the Consolidation Officer, and ;
(b) where all the concerned fand-owriers do not
agree, by the Consolidation Officer :
Provided further that except where a11 the co-
cerned land-owners agrce, a partition on the basis of
specific parcels of land shall not be effected without
giving the parties concerned a reasonable opportunity
, of being heard. ]
(2) The Assistant Consolidation Officer and the
Coqsolidation Officer shall have powers while dis-
posing of objections under sections 10 and 1 I to
entertain requests for amalgamation of holdings of
Tikt: tenure on such terms as may be agreed to by
the concerned land-owners and to pass orders effec-
ting such amalgamation.
'[(3) The Assist ant Consolidation Officer and
the Consolidation Officer sball, notwith -
standing anything contained in any other
law for the time being in for=, but subject
to the rules made in this behalf, have power
, to settle the fair and equitable rent and coss
"' payable in rospect of any land in awordance
with the- provisions hereinafter containqd.,
(3-a) Where the land is used for agriculture,'such
: 'sattlem.mt. shall b made. having regard to-
. ., (i) the average price of crops diiiing the pre-
ceding ten years othw than the years
which the Government may notify to be or
to have been either famine years or abnor-
mal years in respect of any local areas ;
(ii) the crop or crops normally gro,wn on
. ,. '
, . such land ;
a. '
-.
, .>
. (iii) the situation of the land and the nature of
.. ., the soiI; and ..: . .. . .... . - , . (ivj'the maximum rent assessed on land of - r 8 - ,+-.; : . , . . -
, . similar quality and prodkctivi ty elsewbere
. . .. . in the State : . - --- -
i; Substitufed by thc Orissu Consolktkn of Holdings and ptcue~tiort:oI
F4wq-@mtlonlhnd (Amcudmat) Act, 1979 (Or. Act 31 of 19791, s. 5. with -
from, the 23rd May 1979.
' - 2; substiiuted by the Orissa Consolidation of Holdings a~d Prtvcntioa of
Fmmcntation of hnd (Amendment) Act, 1976 (Or. Act 1.5. of197QAp.; m,
Am, 1972
(Sec. 7-contd.)
Provided that while considering the situation QX
t,he land and the nature of the soil, the saidQEcer
shall take the follo-wing factors into consideration:-
(a) availability of irrigation facilities, ;
(b) salinity of the soil ;
fc) susceptibility to aoods and deposit of stilt ;
(d). general fertility of the 1.wd -; aqd
(e) such other factors as may begresc&& .
Expldiz.~lion-For the purposes &.is sub-s eption,-
(a) ,''agriculture" includes raising of craps,
grass or garden produce, horticultme or
use of land as pasture or forest .tw.fm
any other puxpose ancillary to Wwlture
other than residential purp,ose;
(b) tho cuItivable wasto land of a tenant shall
be deemed to be land used for agriculture;
and
(c) .the crop ot crops which could have ,been
pwn in any land rofhed to in tbe.p~a-
ding clause or in any land which .is a~d
.for any purpose ancillary to agricdtuw
shall be demcd to be the,qrop OX crops
norm?.lIy grown on such land.
(3-b) Where the settlem~xlt of fair .wd equita&
rent and cess-is to be made in. respect of any land
used ,for )any' PUFPOS 0th er thamamiculiure muding
all kinds of homestead lands h urban and rum1 atreas
of the State, such settlemenf. shall be made having
.rega~d to-
(8) ihe situation of the land;
(b) purpose for which it is used;
communication and marketing facilities;
and
(d) market value of the land.
(3-,) The rates of rent and cess so fixed shall be
deemed to be the rent and cess payable for the land :
Provided that Government' may, subject to such
conditions as they may impose, direct remission
rduction of the fair and equitable mnt so fixed ig
190-73(a) Iawl
respect of any land which is owned by any religious
or charitable inslitution of a public nature and is
utilised for the promotion of education, health,
culture, fine ar is sports or games or for social wel-
fare and the cess paynble in rcspect of the land shall
be remitted or reduced accordingly:
Provided further that no such settlement of rent
or cess shaI1 be made in respect of any land the
rent whereof has been settled after the 3 1 st day of
December 1950.
(4) Wotwithsranding anything contained in any
other law for the time being in force, the Director
of Consolidation shall have power to effect changes
in the boundary of an existing village and to
constitute a new village:
. - '[ Provided that the Director of Consolida~ion
shall, if he deems it necessary for the purpose of this
sub-section, be competent to effect changes in the
boundary ,of a villa@ situated outside the consoli-
dation area. ]
Preparation . . 8. (I) After publication of the notification under
0fstatemcnt sub-section (1) of section 6, t hc Assistant Consoli- of principIes. dation Officer shall, in consultation with the Con-
solidation Committee, prepare in respect of each
unit under consolidation operations, a statement
(hereinafter called the Statement of Principles)
setting forth the principles to be followed in carryjng
out consolidation operations in the unit.
(2) The Statement of Principles shall also contain
the following details, namely: -
(a) specific areas, as far as they can be deter-
mined, to be earmarked for such public
purposes and to such extent as may be
prescribed ; and
(b) the basis on which and the extent to which
the land-owners shall coi~rri bute land for
pubIic purposes.
(3) The Statement of Principles shall be approved
by the Consolidation Officer wit11 such modifications
as he deems necessary.
-1. l~crted by the Orissa Consolidation of Holdings ~d Prevention of
Fnsm@tation of Land (Amcndrncnt) Act. 1976 (Or- Act I 5 of 1 ¶6), 5.4 (b).
'[(4)Nothi1ig col~tair~sd in t hc Orjssa Goverrlrnent
Oris= 33 of 1962. Act Land Settlernc~zt Act, 1962 sl~nll apply to lands requil-ed
to he eal-marked for public purposes as afores;:id.
9. (1) The copy of the Map, Land Register puMimtion
and other records, if any, prc.pared under of records
section G togelllcr wit11 the S talcment of priflciplcs and issuc of cxtracrs and
prepared undcr section S shall be publjshcd in the notices.
unit in I he j~rescribcd maniler and copies thereof shall
also be forwarded to the local Tabsildar.
(2) Notices containi~~g relevant extracts from the
Land Register showing rights and liabi Iities of land-
owners in relation to land, specific shares of . '
individual land-owners in joint holdings where,
necessary to ensure proper consolidation, valuation
of lands and valuation of houses, structures, trees,
wells and other improvements for calculating corn-
pensation therefor and its apportionment among
the . land-owners, if there be more land-owners than
one, shall be sent to the land-owners mentioned in
the. Land Register.
(3) Any person to whom a notice under sub-
section (2) has been sent or any other person
interested may, within '[thirty days1 of the receipt
of the notice or of the publication under sub-
section (I), as the case may be, file before the
Assistant Consolidation Officer objecti0.n~ on the -
correctness of entries in tlie records and the extracts
furnished therefrom, or on the Statement of Principles
:or relating to partition. A+, , .
10. (1) Such objections relating to ' rignt, ' title ~ispo~al or
and interest in land as can, in conformity with the ;:z;::;,"nry
laws in force, be disposed of by conciliation gmdng Cansolidad
the parties concerned, shall be disposed of by the tj,oo ?ace r-
.Assistant Consolidation Officer. .'I "
*:.
: 3[Provided.that~h.ereany,partYd~e~not..appear
tho Assistant Consolidatiop. ,-,, Officer
on - the date -fixed , after due ' 'service , of
notice in that behalf, he shall him ex parte and
proceed with the conciliation among the parties . ! -
1. Inscrld by ~hc Oriss Consolidalion of Nnldiogs and Prcvatjon of
Fnamen[atjon of Land (Amcndmcnt) Act, f 978 (Or. Act 31 !979), s. F, w. e. f. 23rd May 1979-
2. Substituted by th: Orissa C~nsolidation-of Holdingr; and prevention
of Fragmentation of Land (Amcndmcni) Act, 1975 (Or. Act 28 of 19751, s. 2, w. e. f. 2ltt1 Junc 1975.
3. ]micd by thc Orissa Consolidation of Holdings and dPrcvenrjon or
: Fragmentation of Land (Amendment) Act, 1979 (Or. Aet 31 of ~979~~. ?,
W. C. f. Urd May 1979.
appearing before him; and orders passed on such
conciliation shai I, subject to the orders passed in an
appeal or revision, if any, bc binding on the parties
who are set ex parle.]
(2) All objections which cannot be disposed of
by conciliation under sub-section (1) and all other
objections including those relating to valuation or
Statement of Principies or the rent or cess sett1e.d
under this Act shall be forwarded by the Assiqtant
Consolidation Officer to the Consolidation Officer
for dis.posa1.
Disvsal objcctiom by of '[I$. (I) The Consolidation Officer shall dispose
the* colw~i- of objecttiom forwarded to him under sub-section
datloo Officer<(2) of section. 10 after giving the parties conc.er~ed
a rgaso.na bls; opp.or tunity of being heard and after
such local inspection as he deems necessary :
providee that in disposing of objections
r.elgting to valuation and the Statement of prisciples, !
,he shall consuIt the Consolidation Commit ice. i I
(2) For the purpose of disposing of objections, i
the Cons.olidatio Officer shall hold his sittings at I i
the heacJquarters of the Grama Panchayat constityted .,, Act
under tb;e Oris~a Gsama Panchayat Act, 1964 within of 1965,
&ose jqrisdi~tion the land is situated.] ' .
1 I
Appeal la. Any person agg~ieved by an order of $he
hsistant -Conso,lidation Officer or the .Co nsolid~ti
,O@aor Gn&r section 10 or 11 may, .within 2[hh'j&y
days] from the date of the order, ae ,anSappaal-ih
.the pres~fib,d mwer bef;o~e -the Dkwhr of .Conso-
fidafi~p whose dedsion shall, except as &etwjss
~g~yjded, bg or under this Act, be final.
Rcvisioir of 3:3. (1) The, map, Land Register and other
hiap and tand Regis- recorb, if any, prepared. under section 6 shal1"tie
tcr. &, if'uemsmy, on the- basis of the, ordefs- passed
dt sections. 10, I1 and 12 asnd. shall be pubUshe;d
fnr a Mod of fifteen days in the unit far ijjforma-
hLho6 all:.concarned.
'C* * * *I .---
I. S,ubsfitutcd.by the Orissa Consolidation of Holdings and Prcvenlion
0rFragmentation of Land IAmendmcnt) Act, 1976 (Or Act 15 of 1976), s. 3.
2. Substituted by the Orissa Cosolidation orHoldi~.and Preyention
of Frqgmeptqtion. 01 Land (Arnendmenl) Act, 1975 (Or. Act a 001
-19751,s. 3, w.e. f. 28th SU~C 1975.
2 ~det4,b~ tbr, Orka Consolidation of Holdings and Ptcvqtign of
~f~g&ri@tipn 01 Laq ,IAme,udmcnt) Act. 1979 (or. Act 31, of 1979), , q., &(a)
v, Q f. Urd 1973. >,
Orissa Act
3 of 1959.
-a
ACT, 1972
(Se cs . 14-15)
(3) The Map, Laad Register and other records,
if any, may tliereafter be maintained f1*0111 time to
time on the basis or orders passed by cornpeter11
authorities under the relevant provisions of this Act.
'[(4) Where in respect of any village an order
is published under sub-section (I) of scction 5 at any
time after the publication of the Map and Land
Register under sub-scction (I), the map and the
record-of-rights prepared on the b?.sis of such Land
Register shall, for all intents and purposes, be deemcd
to have been prepared under the Orissa Survey and
Settlement Act, 1958, provided they arc published
in the same manner as required by srrb-section (2)
of section 22 and extrscts of the record-ofkights are
svpplied.ta the land-owners at the time of such publi-
cation.]
14. Subject to the provisions contained in Bar on
section IS, no question in respect of- objections.
(a) right, title and interest in land ;
(b) partition of joint holdings ; or
(c) valuation of lands, houses, structures, treqs,
wells and other improvements ,-
where the question. is sought. to be raised, by a land-
owner recorded in the Land!' Register prepared
u.&r section 6 which question might or ~pght
to have been raiseckunder section 9 but has not been
-raised,shalI' be raised or heard at any subsequent stage
of the consolidation proceedings.
15. (1) All matters' rdatink to changes and trans- Dmision
fees affecting any. of the rights, title and interest;;;i~zda+
rg-corded in the Land Registerj .pubEshe.d under section Cbangcs and
13 ,for ,w,ch wse. of action- arose afhr the publi- ;;;;;;?
mti~n of record$, under section: ?:.m.~y be-raised before right of
the- Assist ant .Coosolidation Officer as1 ;and when they $;?& in
.wisg+bu-f: '[n4t3 Mer: tlhaa the d~e..of phbka tion of the fcviscd
ord cr, if any, under sub-section, &I,): of section 5 rccord5.
or the date of c.onfirmatio n ,of the scheme undor sub-
section (1)- of section 21, which F'er is earlier]:
Provided that it shall also be competent for the
Assistant Consolidation Oficer to consider SLIC~
f*
cases .rue moru.
--- .. __
' I; Tnserfed by the 0rissa ~onmlidation 0f ~oldings and Prcvmtior.
magmentation of 'Land . (Amcndrnent.). ,a ,Act, ,1979 (Or. AS 3- of
19791, s=8 (b), w..c. f. 23rd Miiy;1979. , . , . ,
2. Subsritutcd by ibid. s- 9, w. e. f. 23rd May, 1979
(2) The provisions of sections 6 to 12 shall,
~l~rlntis naula~~dis, apply to the Ilearing and disposal
of any mattex raised ulider sub-section (1) as if it
were a matter raised under the aforesaid sections.
PREPARATION OF CONSOLIDATION
SCHEME
Conditions
to bc fuI- 16. A Consolidation Scheme shaII fulfil the
fillcd by following conditions, namely:-
Consol~dn-
tio n Sclleme.
(1) a land-owner's rights and liabilities as
recorded in the Land Register published under section
13 shall be secured in lands allotted to him on conso-
lidation, subject to deductions, if any, made on
account of contributions for public purposes under
this Act ;
(2) the valuation of lands allotted lo a land-
owner shaII be equal to the valuation of Iands
originally held by him subject to d eductions, if any,
made on account of contributions for public
purposes under this Act :
Provided that except with the permission of the I
Director of Consolidation obtained in writing, the
area of the holding or holdings allotted to a land-
owner shall not differ from the area of his original
holding or holdings by more than thirty-three and
one-third per cent of the latter;
(3) the land owner shall be awarded-
(a) compensation determined under this Act
or the ruIes for the houses, structures, trees,
wells and other improvements existing.on
lands originally held by him and allotted
to another land owner or existing on
land contributed by him for 'public:
purposes; and
(tr) an amount determined as aforesaid for land i
contributed by him for public purposes;
(4) the principles laid down in the Statenlent
of Principle shall be folIowed ;
(5) every Iand-owner shall, as far as practicable,
be allotted a ampact area ,at the place whero he
holds the largest part of his holding, provided that
nn land-owner shall Be allotted more than three
'' chakas" in any unit;
Expfci~i(~tio~t-For the purposes of this clause,
the expression " land-owner" shall not include-
(@) a laud-holder in respect of lands held by
raiyats or service tenure- holders under
him; and
(b) a tenant ;
(6) every Iand-owner shall, as far as practicable,
be allotted the land on which exists his private source
of irrigation together rrith an area in the vicinity the
value of which shall be equal to the valuation of
lands originally held by him there;
(7) every land-owner shall, as far as possibIe,
he allotted " Chakas " in conformity with the process
of rectangulat ion whercvcr such process is adopted;
and
(8) such other conditions as may be prescribed.
17. (1) The Assisiant Consolidation OfTicer shalt, hp-tion of provisicnal AS soon as may bo '[after publication of the Mnp, Land Consolidarion
Register and other records zmdor sub-section (I ) of scl1:mc-
section 131 :iud in consultatiolz with the Consolidalion
Commit tee, prcpare z Pr ovisiona l Consolidation
Scheme for the unit on the basis of the map and
Land Register published under scction 13 and as
revised under the provisions of this Act.
(2) NotwitManding anything contained in this
Act or in any law for the time being in force, it
shall be lawful for the Assistant Consolidatj0tl
Officer, while preparin~ the Provisional ConsoIidation
Scheme, to allot to a land-owner after determining
jb ~aluation, any land belonging to the State Govern-
ment and any land used for public purposes:
provided that where any land is used for public
purpose, it shall be allotted only after the Assistant
Consolidation Oficer has decIared in writing that it
is proposed to transfer the rights of thc village
community as well as of all individuals in or
over that land to any other land specified in
---- ----
1. Substituted by thc Oriaa Consolidation OF Holdings and
pfiventiun of Fragmcntatioo of I~nd IAmendmen!) Act, 1979 (Or. Act 31 of
1979), S. 10 w, c. f. 23rd May 1379-
the declaration and earmarked for that purpose
in the Provisional Consolidation Scheme.
Publication 18. (1) After preparation of the Provisional I
::z P&Y;: Consolidation Scheme, the Assistant Consolidation
solidation Officer shall cause to be sent to the land-owners
Scheme rcccipt and or concerned notices containing relevant extracts there-
obicclions from and shall pu bIish the Provisional Consolidation
thcrcon. Scheme in the unit in the manner prescribed.
(2) Subject to the provisions contained in section
14, any person to whom a notice has been sent
under sub-section (1) and any other person affected
by the Provisional Consolidation Schtme disputing
the corl*ectness of the entries made therein, may,
within thirty days of the receipt of the notice or the
date of publication of the Provisional Consolidation
Scheme, as the case may be, file an objection before
the Consolidation Officer or the Assistant Consoli-
dation Officer duly eutllorised by the ConsoIidation
Officer in that behalf.
19. (1) The Consolidation Officer shall, in the
I
Disp-osal of !
objection. pscribed manner, dispose of objections flied under
section 18 after giving-the Consolidation Committee
and the parties concerned a reasonabIe opportunity
of being heard.
(2) The Consolidation Ofticer shall have powers
to Illodify the Provisional Consolidation Scheme to
such an extent or to remand the same to the Assistant
Consolidation Oficer with such directions 4s he
necessary in the interest of proper consoli-
dation..
Appeal 20. (1) Any person aggrieved by an order of the
consdi,dation Officer under section 19 may, within
thirty daysyfrorh the dale of the order, prefer an
appeal before .the Director of Consolidation whose
decision .thereon shall, except as otherwise provided
by or urrder-this Act, be final.
, (2) The ' Director of Consolidltion shall have
powers to revise the Provisional Consolidation
Scheme to such an extent or to remand the same to
the Assistant Consolidation OEcer or the Consoli-
da tion Officer with sucb directions as he deem6
necessary.
21. (1) The Director of Consolidation shall COnRrn'a"~n or provi-
con6 rnl thc Provisional Consolidation Scheme after sional con.
the disposaI of a11 objections and appeals relating to solidatio~l Scf~cmt. the unit wilh such modifications as he considers
necessary in the interest of proper consolidation.
I [or for giving effcct to the final order, if any, passed
under section 151.
(2) Tf~e Fro visional Consolidation Scheme so
:onfirmed shalI bc publishedin ths unit and except
as otherwize provided under this Act, shall be kal.
22. (I) (a) As soon as may be after confirmation ~~p~~~~~a
of the Provision:~l ConsoIidation Scheme, the Conso- tion or final
lid ation Officor shall cause to be prepared for each map and record-of- village in the consolidation area a finalmap andrightsand
record-of-rights on the basis of the Consolidation ~~~~~~P~~
scheme so confi rn~ed . 6nal consoli-
dation
SChcmc. i
(b) Tbe map and the record-of-rights shall
contain such particulars as are required under the
Orisa AC~ 3 Orjssa Srrrvey and Settlement Act, 1958, with such
"' Igs9. modifications as may be prescribed and shall also
show the rent and cess determined under sub-
section (3) of section 7.
(2) The map and the record-of-rights prepared
under sub-section (1) shaU be published in the
prescribed manner and the Final ConsoIidation
Scheme shall come into force from the date of such
publication.
(3) The relevant extract of the record-of-rights
shall he supplied to the land-owners at the the of
publication.
(4) The ]nap and the record-of-rights published
under sub-section (2) shall, subject to alterations and
modifications made in pursuance of orders passed
under section 15 or 36 or of orders referred to in sub-
section (3) of section 41, for all intents and purpoW
On'5sa Act 3 be deemed to hat e been prepared under the Orissa
of1959. , SurveyclndSetdement Act, 1958.
I. Addcd by the Orissa Consolidation of Holdings and Pmniion of
Fragmcntntion of Land (Amendment) Act, 1979 (Or. Act 31 of I979), s. 11,
w. e. f. 23rd May 1979.
[ 91-73(a) Law I
CHAPTER IV
ENFORCEMENT OF THE SCHEME
Entcnngin'o '23 On andafterthedateof publication of the posscsslon
by the Land- map and the record-of-rights under' sub-section (2) of
unncr. section 22, a land-owner shall be elititled to enter
into possession of the lands allotted tojbim.
Compcnsa-
tion for - I) On and fro111 the date of entering into
houses. possession, every land-owner shall .pay or receive
lructuresm compensation. according .as the .v.aluat.ion of houses, trecs, wells,
C~C. structures, trecs, wells and other improvements
:.existing +on the lands allotted to him .in the final
consdidation &erne is more or less than the valua-
tion aY such properties exisrir~g .on .the -lands
originally held :by h~m.
~rplnnuliott-Fm the purpose of -sub-seetion (1)
"compensation" shall be the difference ;between ,f he
valuation of houses, structures, trees, wells and
other .impr.ov,ements existing on tl-e lands allotted to
him under .the final consoIidation scheme ,and the
-valuation of-such .pr,operties ,originally held .by him*
b (2) The amount ;af c.ampensation detergiined
shall'be intimated .to :-the 1an~~own.ers.co~cerge.d :in
the prescribed manner.
Dilivery of
pwion. 'B5. 61) !On Bn application m~.& .within sixty
,days !from :the :date of comipg into ;for@ sf the &,a1
iconsdlidation Scherne :by .the land-,owner :who .,is
.unable to; enter into ~p.ossession,of .,the Ian& ,aU,~tted
to him under the said Scheme, the Assjstapt
.Consolidation Officer may, within six months from
the date of the .-ap@lication, -.put it-he .land awner in
actual physical possession Excerpt shown. Open the full act in Lexace.