section 47
Power to make rules
The Odisha Estates Abolition Act, 1951(1) The State Government may, after previous publication, make rules, not inconsistent with the provisions, of this Act, for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality or of the forgoing power, such rules may provide for all or any of the following matters, namely:- (a) the mode of service of any orders or notices issued under this Act; (b) the forms to be used under this Act; (c) the time within which applications and appeals may be presented under this Act, in cases for which no specific provision in that behalf has been made herein; (d) the application of provisions of the Code of Civil Procedure, 1908 (Act V of 1908) and the Indian Limitation act, 1908 (Act IV of 1908) to applications appeals and proceedings under this Act; (e) the mode of preparation and publication of an agreement under section 4; (f) the manner of payment of arrear due under clause (c) of section 5; (g) the procedure to be followed in determining fair and equitable rent in respect of certain lands deemed to be settled with an Intermediary under section 6 or 7 and the manner of enquiry into the matter referred to in sub-section (2) of section 7; (h) the manner, terms and conditions for settlement of lands under sub-section (3)of section 8; (i) the procedure to be followed in disposing of appeal under section 9; (j) the method of management of estates by an Anchal Sasan under Chapter III, management by the Anchal Adhikari in the absence of the Anchal Sabha and application of the Anchal fund by the Anchal Adhikari; (k) the manner of notification of claims by a creditor or a maintenance-holder to a Claims Officer under sub-section (1) of section 18 ; (l) the rate of interest to be admissible on the amount of the principal ascertained under clause (e) of sub-section (2) of section 20; (m) the procedure to be followed in the disposal of appeals under sub-section (2) of section 22; (n) the mode of preparation of the Compensation Assessment- roll under section 23; (o) the procedure to be followed in ascertaining the gross assets of an Intermediary under any of the heads mentioned in sub-clauses (i),(ii), (iii), (iv), (v), and (vi) of clause (2) (b) of section 26 and the manner in which the cash value or rent in kind to be determined for the purposes of clause (2) (b) (i) of the said section; (q) the manner in which the amount of compensation for improvement of waste lands under section 28 be determined; (r) the particulars to be prescribed under clause (d) of sub-section (1) and the rates of the cost of collection to be prescribed under sub-section (2) of section 30 and the period within which an agreement should be reached between the State Government and Intermediary under clause (b) of sub-section (4) of the said section; (s) the manner and period of publication of a draft Compensation Assessment-roll under sub-section (1) of section 31 and the disposal of objections under that sub-section; (t) the manner in which appeals under section 32 shall be considered and disposed of; (u) the manner of final publication of the Compensation Assessment-roll under section 33; (v) The procedure to be followed by the Tribunal under sub-section (3) of section 13, sub-section (4) of section 30, or section 36; (w) the manner of payment of compensation under sub-sections (2) and (3) of section 37; (x) the restrictions and conditions subject to which interim compensation shall be paid under section 38 ; (y) the fees to be paid in respect of applications and appeals under this Act; (z) any other matter by this Act required, or expressly or impliedly authorised to be prescribed. (3) All rules made under this section shall be laid as soon as possible after they are made before the Orissa Legislative Assembly for a total period of fifteen days which may be comprised in one session or in two or more sessions, and shall be subject to such modifications as the Assembly may make during the said period.
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