The Orissa Merged states (Laws) Act, 1950

The Odisha Gazette

EXTRAORDINARY PUBLISHED BY AUTHORITY

ORISSAACT 4 OF 1950

AnAct to extend certainActs and Regulation to certainAreasAdministered as part of the (State of Orissa)

Whereas by orders under section 290-A of the Government of India Act, 1935. Provision has been made for the administration of certain areas as if they form part of the (State) of Orissa;

And Whereas it is expedient to provide that certain laws should be extended to, and by virtue of such extension, be in force in the said areas;

It is hereby enacted as follows:-

This Act may be called the Orissa Merged states (Laws) Act, 1950.

It shall come into force at once.

The expression ‘absorbing province’, ‘merged States’ and ‘Law’ shall have the same meaning as in the States’Merger(Governors’ provinces) Order, 1949.

All the Acts and Regulations specified in the schedule are hereby extended to, and shall be in force, of Orissa and now merged in the absorbing (States) of Orissa and now administered as part thereof and so much of any of the said Acts and Regulations as relates to matters with respect to which the (State) Legislature has power to make laws, subject to such modifications or amendments as set forth in the said Schedule, is hereby extended to and shall be in force in all such areas hereinafter referred to as the merged States.

If immediately before the commencement of this Act, there is in force in any of the merged States in Act, Regulation or other law corresponding to an Act or Regulation specified in the Schedule, whether by virtue of an order under the Extra Provincial Jurisdiction Act, 1947,applying that Act or by virtue of any other Legislative power,such corresponding laws shall, upon the commencement of this Act, cease to have effect to the extent to which the law relates to matters with respect to which the (State) Legislature has power to make laws.

(1) The repeal by section 5 of this Act, of any corresponding law in force in the merged States immediately before the commencement of this Act, shall not affect- (a) the previous operation of any such law, or (b) any penalty, forfeiture of punishment incurred in respect of any offence committed against any such law, or (c) any investigation, legal proceeding or remedy in respect of any such penalty,forfeiture of punishment, and any such investigation, legal proceedings or remedy in and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. (2) Subject to the provisions of Sub-Sections (1) and (3), anything done or any action taken, including any appointment or delegation made, notification, order,instruction or direction issued Rule, regulation, form, bye-law or scheme framed, certificate, patent, permit or licence granted or registration effected, under such corresponding law shall be deemed to have been done or taken under the corresponding provision of the Act or Regulation as now extended to, and in force in the merged States and shall continue in force accordingly unless and until superseded by anything done or any action taken under the said Act or Regulation. (3) All Rules, notifications, orders, bye-laws and regulations made or issued under any of the Acts or Regulations specified in the Schedule whether before or after the date of this Act in exercise of the powers conferred by or under any such Act or Regulation shall, unless they have been applied immediately before the commencement of this Act, apply to the merged States in the same manner as they applied to the (State) of Orissa before the merger, subject to such modifications not affecting the substance as may be necessary.

Notwithstanding anything contained in the tenancy laws of the merged States as continued in force by virtue of Article 4 of the States Merger(Governor’s Province) Order, 1949- (a) all suits and proceedings between landlord and tenants such shall be instituted and tried in revenue courts. Explanation-In this clause, the expression “landlord” shall mean a person immediately under whom a tenant holds land, and the expression “tenant” shall mean a person who holds land under another person and is or, but for a special contract would be liable to pay rent for that land to that person. (b) an occupancy tenant shall be entitled- (i) to freely transfer his holding; (ii) to have full right over all kinds of trees standing on his holding; (iii) to use the land comprised in the holding in any manner which does not materially impair the value of the land or render it unfit for the purpose of the tenancy, (iv) to the benefit of his presumption by any Court that the rent for the time being payable by him is fair and equitable until the contrary is proved; Eplanation :– (i) An “Occupancy tenant” means tenant or a raiyat having occupancy right in his holding under the tenancy laws continued in force in this merged States. (ii) An “aboriginal tribe” means any tribe that may, from time to time, be notified as such by the State Government; (c) Where a rent of an occupancy tenant is payable in accordance with the tenancy laws continued in force in the merged State concerned; (d) an occupancy tenant shall not be liable to eviction from his holding except in execution of a degree for ejectment passed on the ground that - (i) he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the tenancy, or (ii) he has broken a condition consistent with the provisions of the tenancy laws in force in the merged State concerned and on breach of which he is under the terms of contract between himself and his landlord, liable to be ejected: (e) the interest of an occupancy tenant in his holding shall on his death pass by inheritance or survivorship in accordance with his personal law; (f) a “sukhabasi” shall be entitled to the rights of an occupancy tenant over his homestead notwithstanding any law or custom to the contrary; Explanation-A “Sukhabasi” means any person holding only homestead whether or not recorded in the settlements paper as “Ghar”, “Bari” or “Gharbari” or a person who is granted land by the Thekadar or by a competent revenue officer for the purpose of using it as homestead. (g) When land is held as service-tenure, either under the Rule or any member of his family, the liability of the holder of such tenure to render service for the use and occupation thereof shall cease, and he shall, on payment of such rent as may be assessed by the (State) Government as fair and equitable, acquire occupancy right therein. (h) When a person holds khamar, nij-jote or any other private lands of a Ruler, which has been recognised as such by the (State) Government, he shall not be liable to ejectment but shall be liable to pay such fair and equitable rent as may be fixed by the Subdivisional Officer having jurisdiction or any other officer not below the rank of Sub-Deputy Collector authorised by the Collector in this behalf and thereupon he shall acquire right of occupancy in respect of such lands: Explanation :-For the purpose of this Section. Subdivisional Officer shall mean the principal revenue officer of a Subdivision.

For the purpose of facilitating the application in any of the merged States of any Act or regulation specified in Schedule, any Court or other authority may construe any such Act or Regulation with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court or other Authority.

The Orissa Merged States (Laws) Ordinance, 1949 is hereby repealed.