section 5
Consequences of vesting of an estate in the State
The Odisha Estates Abolition Act, 1951Notwithstanding anything contained in any other law for the time being in force or in any contract, on the publication of the notification in the Gazette under sub-section (1) of Section 3, or sub-section (1) of Section 3-A 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 lands, 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 : 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 comprised in an estate but does not include an intermediary interest or the interest of a raiyat or an under-raiyat.
(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, and all such rents, cesses, royalties and other dues shall be recoverable as arrears of land revenue : 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, or by the deduction of the amount from the compensation payable to such intermediary.
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