LexThe Odisha Estates Abolition Act, 1951
Odisha · state statute
Open in Lexace · Ask the AI about this actDISCLAIMER: This document is being furnished to you for your information by PRS
Legislative Research (PRS). The contents of this document have been obtained from sources
PRS believes to be reliable. These contents have not been independently verified, and PRS
makes no representation or warranty as to the accuracy, completeness or correctness. In
some cases the Principal Act and/or Amendment Act may not be available. Principal Acts
may or may not include subsequent amendments. For authoritative text, please contact the
relevant state department concerned or refer to the latest government publication or the
gazette notification. Any person using this material should take their own professional and
legal advice before acting on any information contained in this document. PRS or any persons
connected with it do not accept any liability arising from the use of this document. PRS or any
persons connected with it shall not be in any way responsible for any loss, damage, or distress
to any person on account of any action taken or not taken on the basis of this document.
The Orissa Estates Abolition Act, 1951
Act 1 of 1952
Keyword(s):
Estate Abolition, Claims Officer, Compensation Officer, Date of Vesting,
Homestead, Khas Possession, Raiyat, Trust Estate, Board of Revenue
Amendment appended: 22 of 1979
ORISSA ACT 1 OF 1952
THE ORISSA ESTATES ABOLITION ACT, 1951
(Revised the assent of the President on the 23rd January 1952, first published in an
extraordinary issue of Orissa Gazette, dated the 9th February 1952)
AN ACT TO PROVIDE FOR THE ABOLITION OF A LL THE RIGHTS, TITLE
AND INTEREST IN LAND OF INTERMEDIARIES BY WHATEVER NAME
KNOWN, INCLUDING THE MORTGAGE ES AND LESSE ES OF SUCH
INTEREST, BETWEEN THE RAIYAT AND THE STATE OF ORISSA, FOR
VESTING IN THE SAID STATE OF THE SAID RIGHT, TITLE AND INTEREST
AND T O MAKE PROVISION FOR OTHER MATTER CONNECTED
THEREWITH.
WHEREAS in pursuance of the Directive Principles of State Policy laid down by the
Constitution of India it is incumbent on the State to secure economic justice for all and to that end
to secure the ownership and control of all material resources of the community so that they may
best subserve the common good, and to prevent the concentration of wealth and means of
production to the common detriment;
And whereas in order to enable the State to discharge the above obligation, it is expedient
to provide for the abolition of all rights, title and interest in land of Intermediaries by whatever
name known, including the mortgagees and lessees of such interest, between the raiyat and the
State of Orissa, for ve sting in the said State of the said rights, title and interest and to make
provision for other matters connected therewith;
It is hereby enacted as follows –
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement -
(1) This Act may be called the Orissa Estates Abolition Act, 1951.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force at once.
2. Definitions – In this Act unless there is anything repugnant in the subject or context –
(a) “Agricultural year” means, where the Oriya year preva ils, the year
commencing on the first day of Baisakh of the Oriya year, where the Fasli
year prevails, the year commencing on the first day of July and where any
other year prevails for agricultural purposes, that year;
Explanation – In the event of any qu estion as to the particular agricultural year in any
area or estate the notification by the Board of Revenue on this behalf shall be conclusive ;
(b) “Board” means the Board constituted under Section 22;
(c) “Claims Officer” means the Claims Officer appointed unde r sub-section (1)
of Section 18;
(d) “Collector” includes any Officer, 1 ( *** ) appointed by the State Government
to discharge all or any of the functions of a Collector under this Act;
(e) “Compensation Officer” means the Compensation Officer appointed under
Section 23;
2[(f) “Date of vesting” means, in relation to an estate vested in the State, the date
of publication in the Gazette of the notification under sub -section (1) of
Section 3 3[or sub-section (1) of Section 3-A] in respect of such estate and in
the ca se of surrender by an Intermediary under Section 4 the date of the
execution of the agreement];
4[(ff)“District Judge” and ‘Subordinate Judge ’ shall respectively include an
Additional District Judge and an Additional Subordinate Judge];
5[(g) “Estate” includes a part of an estate and means any land held by or vested in
an Intermediary and included under one entry in any revenue roll or any of
the general registers of revenue paying lands and revenue free lands,
prepared and maintained under the law relating to the land revenue for the
time being in force or under any rule, order, custom or usage having the force
of law and includes revenue free lands not entered in any register or revenue
roll and all classes of tenures or under -tenures and any jagir, inam or maufi
or other similar grant;
Explanation I – Land revenue means all sums and payments in money or in kind, by
whatever name designated or locally known, received or claimable by or on behalf of the State
from an Intermediary on account of or in relation to any land held by or vested in such
Intermediary;
Explanation II – Revenue -free land includes land which is, or but for any special
covenant, agreement, engagement or contract would have been, liable to settlement and
assessment of land revenue or with respect to which the State has power to make laws for
settlement and assessment of land revenue;
1. Omitted by the Orissa Estate Abolition (Amendment) Act, 1962 (Orissa Act 16 of 1962), s. 2
2. Substituted by the Orissa Estates Abolition (Amendment) Act, 1952 (Orissa Act XVIII of 1952) s. 2, (i)
3. Inserted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956), s. 2 (ii)
4. Inserted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956), s. 2
5. Substituted by the Orissa Estates Abolition (Amendment) Act, 1954 (Orissa Act XVII of 1954) s. 2, (i)
Explanation III – In relation to merged territories ‘estate’ as defined in this clause shall
also include any mahal or village or collection of more than one such mahal or village held by or
vested in an intermediary which has been or is liable to be assessed as one unit to land revenue
where such land revenue be payable or has been released or compounds for or redeemed in whole
in part.
1[(h) ‘Intermedi ary’ with reference to any estate means a proprietor, sub -
proprietor, landlord, land holder, malguzar, thikadar, gaontia, tenureholder,
under-tenure holder and includes an inam dar, a jagirdar, Zamindar,
Illaquedar, Khorposhdar, Parganadar, Sarbarakar and Maufidar including the
ruler of an Indian State merged with the State of Orissa and all other holders
or owners of interest in land between the raiyat and the State;
Explanation I – Any two or more Intermediaries holding a joint interest in an estate
which is borne either on the revenue roll or on the rent roll of another Intermediary shall be
deemed to be one Intermediary for the purposes of this Act;
Explanation II – The heirs and successors -in-interest of an Intermediary and where an
Intermediary is a minor or of unsound mind or an idiot, his guardian, Committee or other legal
curator shall be deemed to be an Intermediary for the purposes of this Act. All acts done by an
Intermediary under this Act shall be deemed to have been done by his heirs and success ors-in-
interest and shall be binding on them];
2[(hh) ‘Intermediary interest’ means an estate or any rights or interest therein held
or owned by or vested in an Intermediary and any reference to ‘estate’ in this
Act shall be construed as including a refere nce to ‘Intermediary Interest’
also];
(i) “Homestead” means a dwelling house used by the Intermediary for the
purposes of his own residence or for the purposes of letting out on rent
together with any Courtyard, compound, garden, orchard and out -buildings
attached thereto and includes any tank, library and place of worship
appertaining to such dwelling house but does not include any building
comprised in such estate and used primarily as office or kutchery for the
administration of the estate on and from the 1st day of January, 1946.
(j) “Khas possession” used with reference to the possession of an Intermediary
of any land used for agricultural or horticultural purposes, means the
possession of such intermediary by cultivating such land or carrying on
horticultural operations thereon himself with his own stock or by his own
servants or by hired labour or with hired stock;
1. Substituted by the Orissa Estates Abolition (Amendment) Act, 1954 (Orissa Act XVII of 1954) s. 2 (i)
2. Inserted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956) s. 2 (iv)
Explanation – “Land used for horticultural purposes” means land used for the purpose of
growing fruits, flowers or vegetable;
(k) “Lease” in relation to mines and minerals, shall include a sub -lease, a
prospecting lease and an agreement to lease and sublet and ‘lessee’ shall be
construed accordingly;
(l) “Mines” means any excavation where any operation for the purpose of
searching for or obtaining minerals has been or is being ca rried on, but does
not include any works, machinery, tramways or sidings appertaining to a
mine; a mine shall be deemed to be ‘in operation’ if a notice of the
commencement of its operation has been given under Section 14 of the
Indian Mines Act, 1923 (Act 4 of 1923) to the District Magistrate of the
district in which such mine is situated and the discontinuance of the
operation thereof has not been notified to the competent authority;
(m) “prescribed” means prescribed by rules made under this Act;
(n) ‘raiyat’ means any person holding the land for the purpose of cultivation and
who has acquired the right of occupancy according to the tenancy law or
rules for the time being in force in that area or in the absence of such law or
rules, the custom prevalent in that area;
1(o) ‘trust’ means a trust as defined in Section 3 of the Indian Trusts Act, 1882
(Act II of 1882) and shall includes an express or constructive trust existing
for a public purpose of a charitable of religious nature and a Hindu, Muslim,
Christian, Buddhist or any other religious or charitable endowment;
(oo) ‘trust estate’ means an estate the whole of the net income whereof under any
trust or other legal obligation has been dedicated exclusively to charitable or
religious purposes of a public nature without any reservation of pecuniary
benefit to any individual :
Provided that all estates belonging to the Temple of Lord Jagannath at Puri within the
meaning of the Shri Jagannath Temple Act, 1955 and all estates declared to be trust estates by a
competent authority under this Act prior to the date of coming into force of the Orissa Estates
Abolition (Amendment) Act, 1970 shall be deemed to be trust estates.
Explanation – The salary, remuneration or any allowance payable to a Mutawali in the
case of a Hindu religious trust, not exceeding fifteen per centum of the income dedicated
exclusively to charitable or religious purposes shall not be deemed to be reservation of a
pecuniary benefit to any individual within the meaning of this clause.”
1. Inserted by the Orissa Estates Abolition (Amendment) Act, 1974 (President’s Act No.3 of 1974) s. 2 read with
Orissa Act 13 of 1975.
(p) “Board of Revenue” means the Board of Revenue as constituted under
Section 2 of the Orissa Board of Revenue Act, 1951 (Orissa Act 23 of 1951);
and
(q) all words and expressions used in this Act, but not defined in it, shall have
with reference to any part of the State of Orissa, the same meaning as defined
in the tenancy laws and rules for the time being in force and in the absence of
written laws and rules as recognized in the custom for the time being
obtaining in that part of the State of Orissa.
CHAPTER II
VESTING OF AN ESTATE IN THE STATE AND ITS CONSEQUENCES
3. Notification vesting an estate in the State – (1) The State Government, may from
time to time by notification, declare that the estate 1( ** ) specified in the notification has passed
to and become vested in the State free from all encumbrances.
2. The notification referred to in sub -section (1) shall contain particulars of the estate
including the tauzi number, if any and the name and the address of the Intermediary as recorded
in the registers maintained by the Collector or as far as is otherwise ascertainable by him and
shall be published in the Gazette 2( *** )and shall be affixed in a conspicuous place for a period
of not less than fifteen clear days in the office of the Collector.
3. Such publication shall be conclusive evidence of the notice of the declaration to every
body whose interest is affected by it.
3[3-A. Vesting of intermediary interest – (1) Without prejudice to the powers under the
last preceding section, the State Government may by notification declare that the intermediary
interests of all Intermediaries or a class of intermediaries in the whole or a part of the estate have
passed to and become vested in the State free from all encumbrances.
2. The notification referred to in sub-section (1) shall be published in the Gazette and on
such publication shall be conclusive evidence of the notice of the declaration to everybody whose
interest is affected thereby.
1. Omitted by the Orissa Estates Abolition (Amendment) Act, 1952 (Orissa Act XVIII of 1952) s.3
2. Omitted by the Orissa Estate Abolition (Amendment) Act, 1953 (Orissa Act II of 1953) s.2
3. Inserted by the Orissa Estates Abolition (Amendment) Act, 1955 (Orissa Act 15 of 1956) s.3
3-B. Procedure subsequent to notification under Section 3-A – (1) Without prejudice
to the provisions of sub-section (2) of Section 3-A, the substance of the notification issued under
the said section shall, as soon as may be, after the date of the publication thereof, be proclaimed
by beat of drum in all the villages in the whole of the State or as the case may be, in such part
thereof to which the notification relates and such proclamation shall also call upon all the
intermediaries generally, whose interests are affected, to comply with the requirements laid down
in the following sub-sections.
2. On the publication of a notification under Section 3 -A all the Intermediaries whose
interests are affected thereby shall, before the expiry of three months from the date of the said
notification, apply to the Collector in the Form set out in the schedule hereto annexed.
3. The application shall be verified and signed in the manner provided for the verification
of a plaint and shall be accompanied by –
(a) such documents, relating to the intermediary interests held by the Intermediary as are
required under the Schedule:
Provided that the Collector may dispense with the production of any document or any
particulars in any statement;
(b) a certificate from the intermediary that he has not concealed or withheld any material
information or particular relating to his intermediary interests;
(c) a declaration by such Intermediary that the documents filed by him are genuine and
the information furnished by him in the application is true to the best of his knowledge and belief
and that he had made no other application claiming compensation under this Act.
(4) If any intermediary fails, without sufficient cause, to make the application to the
Collector or to file the documents, certificate and declaration required by sub-section (3) within
the period specified in sub-section (2) or within such extended period as may be allowed by the
Collector in this behalf, the Intermediary shall be liable to a penalty which may extended to fifty
rupees for every day subject to a maximum of total penalty of one thousand rupees after the
expiration of the said period or the extended period until such application has been made and the
documents, certificate and declaration have been filed and such penalty shall be realized as an
arrear of land revenue.
(5) When an application has been made in accordance with the provisions of this section,
the Collector shall transfer it with all the materials and documents accompanying it to the
Compensation Officer.
(6) Where an Intermediary has int ermediary interests in more than one district of the
State, he shall, with his application to the Collector of the district in which he ordinarily resides,
furnish particulars and documents in respect of his inter mediary interests in other parts of the
State and shall state in his applications to the Collectors of all other districts in which his interests
lie that the particulars and documents have been so furnished.
3-C. Application by intermediaries whose estat es vested under Section 3 – An
intermediary in relation to an estate vested in the State Government in pursuance of a notification
under Section 3, whether or not his name is included in the list of names of the intermediaries
published in the said notific ation, shall within a period of three months from the date of
commencement of the Orissa Estates Abolition (Amendment) Act, 1956, or from the date of the
said notification, whichever is later, apply to the Collector in the form set out in the schedule
hereto annexed and the provisions of sub-sections (3), (4), (5) and (6) of Section 3-B shall apply
to every such intermediary.
1[4. Surrender of an estate by agreement – (1) At any time prior to issue of the
notification under sub-section (1) of Section 3, the State Government may, by notification in the
Gazette, invite from intermediaries as are proprietors of permanently settled estates and
intermediaries governed by the law of primogeniture, in respect of the areas specified in the said
notification, proposals for surrender of their respective estates, to be received within a period of
one month from the date of such notification in the Gazette. Such proposals shall be in writing
and shall contain specific terms and conditions on which the surrender is propo sed to be made.
The State Government may thereupon intimate their decision to the said Intermediaries within a
month from the date of receipt of said proposals whether the said proposals shall be taken into
consideration or not by the State Government and such decision shall be final and shall not be
called in question in any court of law.
(2) If the State Government decide to consider any of the aforesaid proposals the
Intermediaries with respect to such proposals, may by written agreement, surrender in return for
compensation in the form of such perpetual annuity and on such terms and conditions as may be
fixed in the said agreement and thereupon all the consequences enumerated in Section 5 shall
ensure immediately;
Provided that the said perpetual annuity shall not exceed a sum equivalent to three and a
half percentum of the amount of compensation which in the opinion of the Board of Revenue
would be payable under Section 28.
1. Substituted by the Orissa Estates Abolition (Amendment) Act, 1952 (Orissa Act XVIII of 1952) s.4
5. Consequences of vesting of an estate in the State – Notwithstanding anything
contained in any other law for the time being in force or in any contract, on the publication of the
notification 1[ in the Gazette] under sub-section (1) of Section 3, 2[or sub-section (1) of Section 3-
A] 3[or from the date of the execution of the agreement under Section 4, as the case may be] the
following consequences shall ensure namely :-
(a) Subject to the subsequent provisions of this Chapter the entire estate including all
communal lands and porambokes, other non -raiyati lands, waste land s, trees, orchards, pasture
lands, forests, mines and minerals (whether discovered or undiscovered, or whether being worked
or not, inclusive of rights in respect of any lease of mines and minerals) quarries, rivers and
streams, tanks and other irrigation works, water channels, fisheries, ferries, hats and bazaars and
buildings or structures together with the land on which they stand shall vest absolutely in the
State Government free from all encumbrances and such Intermediary shall cease to have any
interest in such estate other than the interest expressly saved by or under the provisions of this
Act :
4[Explanation – “Encumbrance” means a mortgage of or a charge on any estate or part
thereof and includes any rights in land or other immovable property comp rised in an estate but
does not include an intermediary interest or the interest of a raiyat or an under-raiyat].
5[(b) All rents, cesses, royalties and other dues accruing in respect of lands comprised in
such estate on or after the date of vesting shall be payable to the State Government and not to the
outgoing Intermediary and any payment made in contravention of this clause shall not be valid
discharge, 6[and all such rents, cesses, royalties and other dues shall be recoverable as arrears of
land revenue] :
7[Provided that where the date of vesting falls within the period to which the dues relate
only such proportion of the dues shall be payable as the period being with the said date and
ending with the period aforesaid bears to the whole of the period;
Provided further that any part of such dues appropriated by the Intermediary beyond what
may be found due to him in accordance with the provisions of this clause may be recovered by
the State Government as arrears of land revenue, 8[or by the deduction of the amount from the
compensation payable to such intermediary]:
1. Inserted by the Orissa Estates Abolition (Amendment) Act, 1952 (Orissa Act XVIII of 1952), s. 5 (i)
2. Inserted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956), s. 4 (i)
3. Added by the Orissa Estates Abolition (Amendment) Act, 1952 (Orissa Act XVIII of 1952), s. 5 (ii)
4. Inserted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956), s. 4 (ii)
5. Substituted by the Orissa Estates Abolition (Amendment) Act, 1952 (Orissa Act XVIII of 1952), s. (iii)
6. Inserted by ibid. s. 5 (iv)
7. Added by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956), s. 4 (iii)
8. Added by the Orissa Estates Abolition (Amendment) Act, 1960 (Orissa Act 2 of 1961), s. 2 (a)
Provided also that the payment of any amount on account of any such rents, cesses,
royalties and other dues made to the outgoing Intermediary in pursuance of the orders of any
Court of Law shall constitute a valid discharge.
(c)1 [ x x x x ]
(d) All arrears of revenue and cesses remaining lawfully due on the date of vesting 2[and
all other dues payable to the State Government] in respect of any such estate and [* * * * ] 3
recoverable as arrear of land revenue shall, after such date, be recoverable and continue to be so
recoverable from the outgoing intermediary by whom they were payable 4[ * * * ] 5[ * * * ]
6[Provided that all arrears and other dues as aforesaid together with in terest, if any, as
may be lawfully due thereon on the date of vesting shall on that stand adjust towards the amount
of compensation payable to such Intermediary.
7[Explanation – The expression ‘arrears of revenue and cess’ in relation to an estate
vested in the State, as all mean the amount of land revenue and the amount of cess in respect of
such estate for any period prior to the date of vesting, which amount shall bear the same
proportion to the total amount of land revenue or, as the case may be, to the total amount of cess,
of such estate payable for the whole year as the period prior to the date of vesting, bears to the
whole year.
(e) No suit shall lie in any Civil Court in respect of any money due from such
intermediary the payment of which is secure by a mortgage of or is a charge on such estate and all
suits, executions and other proceedings in respect of the mortgage or charge which be pending on
the date of vesting shall be 8[dropped] ;
9[Provided that in cases of suits, executions and other pr oceedings referred to above in
which the validity of the claim under the mortgage or the charge is disputed by the intermediary
the said court shall, instead of dropping suits, hear and dispose them of];
(f) No such estate shall be liable to attachment or sale under the processes of any court
and any order of attachment passed in respect of such estate prior to the date of vesting shall, with
effect from the date of vesting, cease to have any effect;
(g) The Collector or any other officer appointed by hi m shall take charge of such estate
and of all interests vested in the State Government under this section:
1. Omitted by the Orissa Estates Abolition (Amendment) Act, 1952 (Orissa Act 18 of 1952), s. 5. (v).
2. Inserted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956), s. 4 (iv) (a).
3. Omitted by ibid.
4. Omitted by the Orissa Estates Abolition (Amendment) Act, 1962 (Orissa Act 16 of 1962), s. 3.
5. Omitted by the Orissa Estates Abolition (Amendment) Act, 1960 (Orissa Act 2 of 1961), s. 2 (b).
6. Inserted by the Orissa Estates Abolition (Amendment) Act, 1962 (Orissa Act 16 of 1962), s. 3 (iv) (a).
7. Added by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956), s. 4 (iv) (b).
8. Substituted by the Orissa Estates Abolition (Amendment) Act, 1957 (Orissa Act 23 of 1957), s. 2 (i) for
“stayed”.
9. Added by the Orissa Estates Abolition (Amendment) Act, 1957 (Orissa Act 23 of 1957), s. 2 (ii).
(h) Where, by operation of this Act, the right to the possession of any estate or any part
thereof vests in the State Government, the Collec tor may, by written order served in the
prescribed manner, require any person in possession of such estate or any part thereof to give up
possession of the same by a date specified in the order, and it shall be competent for the Collector
to take, or cause to be taken, such steps as, in the opinion of the Collector, may be necessary for
securing compliance with the said order or preventing any breach of the peace.
1[The Collector shall also determine the amount , if any , payable by such person on
account of any damage, destruction or deter ioration in value of such estate or part thereof as a
result of such possession after the date of vesting and the amount so determined shall be realised
as arrears of land revenue:
Provided that no order for payment of the amount aforesaid shall be passed unless the
person concerned has been given a reasonable opportunity of being heard].
(i) Where the Collector is satisfied in respect of the settlement of lease of any land or
mines or minerals comprised in such estate or the transfer of any kind of interest in any building
used primarily as office or cutchery for the collection of rent of such estate or as rest houses for
estate servants on duty or as golas for storing rent in kind or part thereof, made or created at any
time after the 1st day of January, 1946, that such settlement, lease or transfer was made with the
object of defeating any provisions of this Act or obtaining higher compensation thereunder, he
shall have power to make enquiries in respect of such settlement, lease or transfer and may, after
giving reasonable notice to the parties concerned to appear and be heard, set aside any such
settlement, lease or transfer, disposes the person claiming under it and take possession of such
property in the manner provided in clause (h) on such terms as may appear to him to be fair and
equitable :
Provided that in case wher e the Collector decides not to set aside any such settlement,
lease or transfer he shall refer the case to the Board of Revenue for confirmation of the
settlement, lease or transfer and the orders passed by the Board of Revenue in this behalf shall be
final :
1. Added by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956) s. 4 (v)
1[Provided further that the period of limitation for the realization by the Sate Government
of dues in respect of such of the leases, settlements, or transfers as have been the subject matter of
an inquiry under this clause, shall, with respect to the period after the date of vesting, be three
years from the date of order setting aside or confirming the same, made by the Collector or by the
Board of Revenue, as the case may be, unless a longer period of limitation is applicable in respect
of such dues under any other law for the time being in force in relation to such lease, settlement
or transfer];
(j) After serving a notice in writing on th e Intermediary for the production of all such
accounts, registers, maps, plans and other documents and papers as are in his opinion necessary
for the administration and management of the estate and if such notice is not complied with
within the time fixed or such further time as the Collector may allow, it shall be lawful for the
Collector or any Officer not being below the rank of a Sub-Deputy Collector authorized by him in
writing in this behalf, to enter upon any land or building, with such assistance as he considers
necessary and seize and take possession of all such accounts , registers , maps, plans and such
other documents and papers and the Intermediary shall get a copy of the list of such papers seized
and may also have access to the papers if he need s them for preferring his claim for
compensation.
2[(k) With effect from the date of vesting or the date of commencement of the Orissa
Estates Abolition (Amendment) Act, 1956 which ever date comes later, all contracts for gathering
of produce from land or for collection of produce or fish from forests or fisheries or collection of
fees or tolls from hats, bazaars, ferries and such other sairat interests lying within the estate
entered into between an Intermediary and any other person shall, notwithstanding anything in any
judgment; decree or orders of any court, become void:
Provided that where the person concerned has enjoyed his rights under any such contract
during any period after the date of vesting but before the date of commencement of the aforesaid
Act the Collector shall order a deduction from the total amount of compen sation payable to the
intermediary an amount which bears the same proportion to the value of the total benefits
contracted for by the Intermediary as the aforesaid period bears to the total period of such
contract and the amount to be so deducted shall be determined by the Collector after such inquiry
as the State Government may by rules prescribe;
Provided further that no suit or other legal proceeding shall lie or shall be proceeded with
against the State for any damage caused or likely to be caused in relation to any such contract in
respect of the period aforesaid by virtue of anything done or purporting to have been done in
pursuance of the provisions of this Act or any rules made thereunder.
1. Inserted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956) s. 4 (vi)
2. Inserted by ibid. 4 (vii)
6. Homesteads of Intermediaries and buildings together with lands on which such
buildings stand in the possession of intermediaries and used as golas, factories or mills to be
retained by them on payment of rent – (1) With effect from the date of vesting, all homesteads
comprised in an estate and being in the possession of an Intermediary on the date of such vesting,
such buildings or structures together with the lands on which they stand, other than any buildings
used primarily as offices or kutcheries or rest houses for estate servants on duty as were in the
possession of an Intermediary at the commencement of this Act and used as golas (other than
golas used primarily for storing rent in kind) factories or mills for the purpose of trade,
manufacture or commerce, or used for storing grains or keeping cattle or implements for the
aforesaid purposes before the 1st day of January, 1946, shall notwithstanding anything contained
in this Act, be deemed to be settled by the State Government with such Intermediary and with all
the share-holders owning the estate, who shall be entitled to retain possession of such homesteads
and of such buildings or structures together with the lands on which they stand, as tenants under
the State Government subject to the payment of such fair and equitable ground rent as may be
determined by the Collector in the prescribed manner :
Provided that where the Intermediaries have come to any settlement among themselves
regarding the occupation of buildings and file a statement to that effect before the Collector, the
building shall deemed to have been settled with the Intermediaries according to that settlement :
Provided further that homesteads in actual possession of the Intermediary shall be settled
with him free of groun d rent in those areas where no ground rent is charged under the existing
law on homestead lands.
2. 1[ x x x x ]
3. Notwithstanding anything contained in sub -section (1) where an Intermediary
constructed a building or structure in his estate after the 1st day of January, 1946 and used it on
the date of vesting for the purpose mentioned in sub -section (1), he may be entitled to retain
possession of such building or structure together with the land on which it stands as a tenant
under the State Government subject to the payment of ground rent as provided in sub-section (1)
only if the Collector, after enquiry, is satisfied that it is constructed or used for a bona fide
purpose and not with a view to defeat the provisions of Section 5 of this Act.
7. Certain ot her lands in khas possession of intermediaries to be retained by them
on payment of rent as raiyats having occupancy right – (1) On and from the date of vesting –
(a) all lands used for agricultural or horticultural purposes which were in khas possession
of an Intermediary on the date of such vesting.
(b) lands used for agricultural or horticultural purposes and held by a temporary lessee or
lessees of an Intermediary who owns either as Intermediary or in any other capacity
less than thirty-three acres of land in total extent situated within the State.
1. Omitted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956) s. 5
(c) lands used for agricultural or horticultural purposes and in possession of a mortgagee
which immediately before the execution of the mortgage bond were in khas
possession of such Intermediary shall, notw ithstanding anything contained in this
Act, be deemed to be settled by the State Government with such Intermediary and
with all the share holders owning the estate and such Intermediary with all the share-
holders shall be entitled to retain possession ther eof and hold them as raiyats under
the State Government having occupancy rights in respect of such lands subject to the
payment of such fair and equitable rent as may be determined by the Collector in the
prescribed manner :
1[(d) In the case of a trust es tate, so much of the waste land such of the tanks in the
possession of the Intermediary, which in both cases were being exclusively used for
religious purposes immediately before the date of such vesting as may be specified –
(i) in respect of trusts gove rned by the Orissa Hindu Religious Endowments Act,
1951 (Orissa Act 2 of 1952) and Shri Jagannath Temple Act, 1955 (Orissa Act
II of 1955), by the Commissioner of Endowments appointed under the Orissa
Hindu Religious Endowments Act, 1951.
(ii) in respect o f trusts governed by the Wakfs Act, 29 of 1954, by the Board of
wakfs constituted thereunder; and
(iii) in respect of other religious trusts, by such persons or authority as may be
specified by the Collector of the district for the purpose].
Provided that where the Intermediaries have come to any settlement among themselves
regarding occupation of lands and file a statement to that effect before that Collector, the land
shall be deemed to have been settled with the Intermediaries according to that settlement.
2[“Provided further that where any land or tank referred to in clause (d) is deemed to be
settled under this section such settlement shall also be subject to such terms and conditions as
may be prescribed.”]
3 & 4[“Provided also that the restriction regarding the total extent of land in the ownership
of an Intermediary provided under clause (b) shall not apply in relation to a trust estate belonging
to a deity of a religious institution (not being a Math within the meaning of the Orissa Hindu
Religious Endowments Act, 1951) which vested in the State on or after the 18th day of March,
1974.
1. Inserted by the Orissa Estates Abolition (Amendment) Act, 1974 (Orissa Act 13 of 1975)
2. Inserted by ibid
3. Added by Orissa Estates Abolition (Amendment) Act, 1978 (Orissa Act 25 of 1978)
4. Substituted by the Orissa Estates Abolition (Amendment) Act, 1979 (Orissa Act 22 of 1979)
Provided also that no land held by a temporary lessee of an Intermediary in respect of
which such lessee has acquired the rights of a raiyat under the Orissa Land Reforms Act, 1960
prior to the commencement of the Orissa Estates Abolition (Amendment) Act, 1978, shall be
settled with the Intermediary under clause (b).”]
1[(2) x x x x ]
2[7-A. Settlement of land and building – 3[(1) If the State Government ar e of the
opinion that any land, whether used for the purposes of hat, bazaar, orchard, mine, quarry or
otherwise, tank or building (being part of a trust estate) vested in the State Government is needed
for carrying out the purposes of the trust efficiently, then, notwithstanding anything contained in
any other law for the time being in force, or in any other provision of this Act, the State
Government may settle such land, tank or building with the person who immediately before such
vesting was an Intermediary in respect of such land or tank or building, subject to the payment of
such fair and equitable rent as may be determined by the Collector in the prescribed manner and
subject to such other terms and conditions as may be prescribed.
Provided that no such land, tank or building shall be settled under this Section –
(i) after the expiry of a period of 4&5 (thirteen years) from the date of commencement of
the Orissa Estate Abolition (Amendment) Act, 1978.
(ii) if such land, tank or building is held by a tenant; or
(iii) if such land, tank or building has already been settled by Government with any other
person.
(2) The intermediary with whom any property is settled under sub-section (1) shall hold
the property as a raiyat if the property is settled for agricultural purposes and as a tenant in other
cases.]
8. Continuity of tenure of tenants – (1) Any person who immediately before the date of
vesting of an estate in the State Government was in possession of any holding as a tenant under
an Intermediary shall, on and from the date of vesting, be deemed to be a tenant of the State
Government and such person shall hold the land in the same rights and subject to the same
restrictions and liabilities as he was entitled or subject to, immediately before the date of vesting.
1. Omitted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956.)
2. Inserted by the Orissa Estates Abolition (Amendment) Act, 1974 (Orissa Act 13 of 1975.)
3. Substituted by the Orissa Estates Abolition (Amendment) Act, 1978 (Orissa Act 25 of 1978.)
4. Substituted by the Orissa Estates Abolition (Amendment) Act, 1981 (Orissa Act 24 of 1981.)
5. Substituted by the Orissa Estates Abolition (Amendment) Act, 1984 (Orissa Act 25 of 1984.)
1[“(2) Any person who immediately before the date of coming into force of the Orissa
Estates Abolition (Amendment) Act, 13 of 1986 held land under Government for rendering
service as a village servant by whatever name called shall from the date of coming into force of
the said Act be discharged from the conditions of such service and the land shall be settled with
him with occupancy right in such rent as may be determined by the Collector in the prescribed
manner].
(3) Any person who immed iately before the date of vesting held land under an
Intermediary on favourable terms for personal service rendered by him to such Intermediary shall,
from the date of vesting, be discharged from the conditions of such service and the land may be
settled with him in such manner and under such terms and conditions as may be prescribed :
2[Provided that nothing in sub-section (3) shall apply to a trust estate which is vested in
the state on or after the date of coming into force of the Orissa Estate s Abolition (Amendment)
Act, 1970.]
3[ * * * ]
4[8-A. Filing of claims under Section 6, 7 and 8 and dispute relating thereto – (1) The
Intermediary shall file his claim in the prescribed manners for settlement of fair and equitable rent
in respect of lands and b uilding which are deemed to be settled with him under Section 6 or
Section 7 before the Collector within 5(six) months from the date of vesting :
6[(1-A) Any person who is discharged from the conditions of village service under sub -
section (2) of Section 8 may file his claim before the Collector in the prescribed manner for
settlement of the land held by him under the conditions of village service within six months from
the date of commencement of the Orissa Abolition (Amendment) Act, 13 of 1986.]
(2) Any person who is discharged form the conditions of personal service under sub -
section (3) of Section 8 may file his claim in the prescribed manner before the Collector within
7(six) months from the date of vesting for settlement of the lands held under the t erms and
conditions of such service :
8[Provided that the Collector shall, as soon as may be after any such claim under sub -
section (1) or sub-section (2) is filed, give public notice thereof by beat of drum in the appropriate
locality and by placards posted at such conspicuous places as he deems fit inviting objection from
persons interested:]
1. Substituted by the Orissa Estates Abolition (Amendment) Act, 1986 (Orissa Act 13 of 1986)
2. Inserted by the Orissa Estates Abolition (Amendment) Act, 1970 (Orissa Act 33 of 1970)
3. Omitted by the Orissa Estates Abolition (Amendment) Act, 1974 (Orissa Act 13 of 1975)
4. Inserted by the Orissa Estates Abolition (Amendment) Act, 1956 (Orissa Act 15 of 1956)
5. Substituted by the Orissa Estates Abolition (Amendment) Act, 1963 (Orissa Act 5 of 1963)
6. Inserted by the Orissa Estates Abolition (Amendment) Act, 1986 (Orissa Act 13 of 1986)
7. Substituted by the Orissa Estates Abolition (Amendment) Act, 1963 (Orissa Act 5 of 1963)
8. Substituted by the Orissa Estates Abolition (Amendment) Act, 1957 (Orissa Act 23 of 1957)
1[Provided further that in respect of estates which have vested in the State Government
prior to the date of commencement of the Orissa Estates Abolition ( Second Amendment) Act,
1957 (Orissa Act 3 of 1958) the claims mentioned in sub-section (1) and (2) shall be filed before
the Collector within a period of six months from the said date :
2[Provided also that the State Government may further extend the period specified in the
last preceding proviso up to a maximum period of one year for any sufficient cause in any case or
cases:]
3“[Provided also that claims on behalf of an Intermediary in respect of any estate which
has vested in the State Government on or after the 18th day of March, 1974 but before the date of
commencement of the Orissa Estates Abolition (Amendment) Act, 1974, may, where such claim
relates to a trust estate, be filed before the Collector within a period of six months from the date
of commencement of the said Act :
Provided also that any such claim as aforesaid which has been filed after the 18th day of
September, 1974 and before the date of commencement of the said Act shall, for all purposes, be
treated as a claim filed within the period of limitation.]
Provided also that where the Intermediary considers it necessary to file a claim, or as the
case may be, a revised claim as a consequence of the amendment of this Act by the Orissa Estates
Abolition (Amendment) Act, 1978, he shall file such claim or revised claim within one year from
the commencement of the said Act.
(3) On the failure of filing the claims within the period specified under this section theExcerpt shown. Open the full act in Lexace.