Reference of cases of certain privileged raiyats by the Collector

B. Reference of cases of certain privileged raiyats by the Collector -

1. (1) If the Collector of the district on his own information or on receipt of information from any source whatsoever, is of opinion that there are circumstances to indicate that in respect of any trust or other institution which is a privileged raiyat within the meaning of sub-clause
   • (c) of clause
2. (24) of section 2,-
   • (a) return of the accounts of such trust or other institution has not been periodically furnished or lands belonging to the trust or other institution have been alienated or encumbered without the previous permission of the authority prescribed in that behalf, at any time prior to the commencement of the Orissa Land Reforms (Amendment) Act, 1973; or
   • (c) the trust or other institution has ceased to provide benefit to the public, he may make an application to the Tribunal constituted under section 57-A for a declaration that such trust or other institution has ceased to be a privileged raiyat.
3. (2) On receipt of an application under sub-section
4. (1) the Tribunal may, after making such enquiry and in such manner as may be prescribed, by order, declare the trust or other institution to have ceased to be a privileged raiyat : Provided that no such declaration shall be made without giving an opportunity to the trustee or trustees or the person in charge of management of the trust or other institution, as the case may be, of being heard in the matter.
5. (3) The provisions contained in sub-sections (5),
6. (6) and
7. (7) of section 57-A shall apply to an inquiry held under this section in the same manner as they apply to inquiries held under that section.
8. (4) On a declaration being made under sub-section (2), the Revenue Officer may, on an application in that behalf by any tenant cultivating any land under such trust or other institution filed within sixty days from the date of the order made under the said sub-section and after giving the parties interested an opportunity of being heard, declare the whole of the land in cultivation of the tenant to be non-resumable and determine the fair and equitable rent and the compensation payable by the tenant in respect of the land in accordance with the provisions of section 28 and on such determination the provisions of sections 29 to 33 (both inclusive), 35-A and 36 shall, so far as may be, apply.
9. (5) The trustee or trustees or the person in charge of management, as the case may be, of the trust or other-institution in respect of which a declaration is made under sub-section (2), shall, if the lands held by it on the date of the order made under the said sub-section exceed the ceiling area, submit a return in accordance with the provisions of section 40-A within ninety days from the said date and the provisions of Chapter IV shall, so far as may be, apply to the lands so held.