The Odisha Government Lands Bar to Acquisition of the Right of Occupancy Act, 1950

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The Orissa Government Lands Bar to Acquisition of the Right of Occupancy
Act, 1950
Act 10 of 1951
Keyword(s):
Right of Occupancy, Government Land, Land Acquisition, Tenancy Law
Orissa Act No. 10 of 1951
The Orissa Government Lands Bar to Acquisition of the
Right of Occupancy Act, 1950
[Published vide Orissa Gazette Ext./19.1.1951.For Statement of Objects and
Reasons, see Orissa Gazette. Ext./30.11.1950.]
AN ACT TO BAR THE ACQUISITION OF THE RIGHT OF
OCCUPANCY IN CERTAIN GOVERNMENT LANDS IN THE
STATE OF ORISSA
Whereas it is expedient to bar the acquisition of the right of occupancy in certain
Government lands in the State of Orissa; it is hereby enacted as follows:
Statement of Objects and Reasons -In the district of Sambalpur lands have been acquired
for the Hirakud Project. Many of these lands will be submerged under water as the
construction of the Dam progresses but the submersion will be gradual. It is, therefore,
desirable to utilize these lands which were under cultivation all along instead of allowing
there to lie waste particularly in these days of food shortage. The persons from whom the
lands have been acquired would themselves like to cultivate these lands under an
agreement with Government till the lands are actually submerged or otherwise utilized in
the construction of the Hirakud Dam. The difficulty in doing so is the risk that occupancy
right may accrue once these lands are let out and a fresh acquisition may b e necessary to
dispossess the occupants who might be cultivating with Government permission. To
guard against such a contingency happening, it is considered necessary to enact a law by
which accrual of occupancy right will be barred on lands acquired by Go vernment. The
Orissa Tenancy Act specifically prohibits the accrual of occupancy right on such lands
but there is no such provision in the C.P.Tenancy Act or in the Madras Estates Land Act.
A general legislation applicable to whole of the State will be mor e convenient, than a
specific enactment to amend the Tenancy Law in Sambalpur only. The present Bill has
therefore been drawn up to enact a law for barring the accrual of occupancy right on all
lands in the State acquired by Government under the Land Acqui sition Act. 1894 or
under any other law relating to the acquisition of land by Government.
1. (1). This Act may be called the Orissa Government Lands Bar to Acquisition of
the Right of Occupancy Act, 1950.
(2) It extends to the whole of the State of Orissa,
(3) It shall come into force at once,
[Substituted vide Orissa Act No.8 of 1963.][2. Notwithstanding anything
contained in any tenancy laws for the time being in force, a right of occupancy shall not
unless it is specifically conferred accrue in re spect of the following classes of lands,
namely:
(a) lands reclaimed at the cost of the State Government;
Short title, extent
and
commencement
(b) lands acquired under the Land Acquisition Act, 1894 (I of 1894) or under any
other law relating to acquisition of land; and
(c) lands in the oc cupation of the Central or any State Government leased out
temporarily by such Government.]

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