The Odisha Land Revenue (Abolition) Act, 1978

 
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The Orissa Land Revenue (Abolition) Act, 1978 
 
Act 6 of 1978 
 
 
 
 
 
 
 
 
Keyword(s): 
Municipality or Notified Area, Small Scale Industry, Land Revenue 
 
 
. , 
0-A ACT 6' OF 1978 
.. . . . , ,. . 
mTHE ORISSA LAND RE:-VZNUE'(ABQLFTI0N) 
-, 
,, . 
ACT, 1978 
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I I I 
[dteceived: ,the assent .-of the - Go.vemor on rlte 2212d 
. .-March 2978;-,jrst.published in art , extraordinary 
,. . . . -. rissue~ofl&rO~is~a-Gazettc;:dated 
the 27th Murch 1978 ] . . 
. . -- 
. , , -- ., ('. , , I 
. , ,, . . 
'. .AM: Am TO ,PROVIDE. .FOR THE A130LlTlON OF PAY- 
. . ., #. - hZEg,OB LAND REVENUE IN RESPECT OF 
Lv - . :. . : : CGRTAtM 1 CATP,GORIES.PE LAND 
':!',. " " ' ": "' .. .., . . 
, ,, : :.Be it ,enacied ',by Ihe'Legislature . of * the St ate of 
Orissa in the Twenty-ninth Year of the. Republic of 
India, as follows:- . ., m . . ,. , , . 
.,I, ; ! ,l..!f!&)-This :Act,may.::bel- ca&d ,the Orissa Land Shad 
-t1 Revenge;(Abojitioa)A~t, 1-978. .. 
I 
I 
commEna- 
- .. . . , 
'(~f:r$eitedd~ , tq 'the whole of ,the State of Ofissa. I I 
(3) It sbaU be, .deemed to. haye .cowe. into force 
I 
I *tb-&kfr~* , .tbe,lsi ,by of April, 1977. 
: ~~~ Ib. tliis- Ad, unless the Context &therwi$d D~~I~UO~~ ire , 6' " , 
, -. . , . '!I :I,. 
, -. I, : 1 ' ,(a$:-f-Y3ovement" means, ,'the State Govern- 
, , ., . .anent<-of Orissa; , 
. . .. .l[l:, . 
(b) "land revenue" means .allu, sums . and pay;,- 
ments in money or in kind or in both, by 
. .. . ,whatever- me .:designated or:-locaUy 
. . , - . , - known,: received or claimed by,or on behalf 
:. ' 
, .. , , oflGovernment from a raiy at or tenant 
' I 
, . .foruse onoccupatibn of the land ,held by, 
him and includcs rent, but does not ihci~de 
cess; 
" (c) ''rkunicipality" or "notified area" mq~s .- 
(', !: 
Orissa Act , , , . . ,. 
'a 'municipality or notified area co~titutgd 
23 of 1950. , , 
', un.d6rm . . the,Orissa Municipal Act, 1950; 
(4 "prescribed" means prescribed by rules 
made under this Act; 
(P) 5ent" means whatever is payabIe or deli- 
verable in money or in kind or in both, 
except by way of a special contract by a 
tenant or raiyat to Government on account 
of use or occupation of the land held by 
him; 
(f) tc~mall scale industry" means an industrv 
the mpital investment in respect of which 
does not exceed one lakh of rupees or an 
industry wherein the number of labourers 
empIoyed on any day during the previous 
agricultura1 year does not ex~od twenty; 
and 
(g) words and expressions used in this i~i 
I .. 
I. 
,. 0 
but not defined herein-shall havc the 'same 
...,? , meaning as. are respectively. &signed to 
. .,. them in the land rovenue and tenancy laws 
for the time being in force in the State. 
Abolition OE 3. f I) Notwithst anding anything tq the -confrary 
hnd rcvcnuc. contained in any other law, custom, or ' usage for the 
., time being in force in the State, no raiyat or tenant 
shall be liable to pay land revenue in respect' of any 
land held by him directly under Government provi- 
ded such Iand is used for purposes of agriculture, 
horticulture or piscicuIture or for purposes of any 
small scale industry located outside the limits of s 
municipality or notified area. 
(2) The provisions contained in sub-section (1 
shall be without prejudice to and shall not affect the 
operation of any law providing for assessment of land 
revenue or for recovery of any sum as arrears of land 
revenue. 
, , 
4. Any sum paid by or on behalf of a raiyat or 
~d~~~~~tt tenant towards land revenue after the commencement 
of this Act shall, if he was not liable to pay such sum 
in accordance with the provisions contained in set- 
tion 3, be adjusted towards other dues, if any, payable 
by him 'to Government under any law and the balance 
shall be refunded to him on an application made in' 
that behalf in the prescribed manner. 
5. Without prjudice to the provisions of section 3, com~uration of land for the purposes of computation, the land revenue in ,,,,,,, 
respect of any land which was settled or assessed 
prior to the 1st day of April, 1945, shall include a 
surcharge of an amount equaI to fifty perccntum of 
such land revenue : 
Provided that the surcharge shall cease to be so 
included with effect from the date on which the land 
revenue settled under the Orissa Survzy and Settle- 
o-irsa AC~ 3 ment Act, 1958 or under the Orissa Consolidation of 
0 1959. Holding and Prevention of Fragmentation of Land 
oris= ~ct 21 Act, 1972 in respect of the said land takes effect. 
0' 1972. 
6. The Government mzy make rules for carrying EG;;;~, 
out all or any of the purposes af this Act, 
nrissa Act 
3 I or 1975. 7. (1) The Orissa Land Revenue (Re-imposition) R,,,,I 
Act, 1975 and the provisions of any c ther enaclrnent orissa AC~ 
In so far as they are repugnant to the provisions of 33 1975. 
this Act, are hereby repealed. 
(2) Notwithstanding such repeal, all documents 
and revenue records rolatiag to landlords and tenants 
shall continue to be valid to the extent of their use 
for purposes which are not inconsistent with or repu- 
gnant to the provisions of this Act. 
Or*Ordi- S.(l)TheOrissa Land Revenue (Aboliti~n)~;~~~;~~~ nancc No. 7 
or 1977. Ordinance, 1977 is hereby repealed. 11- NO. 7 
of 1977. 
(2) Notwithstanding such repeal, anything 
done or any action taken under the Ordinance so 
repealed shall be deemed to have beer1 done or taken 
ullder the corresponding provisions of this Act. 

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