Liability of person unauthorisedly occupying land to penalty:

Subject to the provisions of Sec. 9, any person liable to pay assessment under Sec. 4 shall, at the discretion of

1[The Tahasildar] be liable to pay in addition to the assessment by way of penalty a sum calculated at a rate

¹ Substituted by Act 4 of 1975

² Omitted by ibid.

³ Substituted by Act 25 of 1976

3[not exceeding one hundred rupees] per acre of land for each year of unauthorised occupation :

² Inserted by Act 13 of 1982.

1.Added by Act 25 of 1976.

1[Provided that where the person liable to pay assessment is a landless person, he shall not be liable to pay any penalty under this section.] NOTES Eviction Proceeding not maintainable after leasing out the same to an association: 43 (1974) CLT (SN.103) 78. The person who has got Fishing Right cannot be treated as Trespasser: 48 (1979) CLT (SN.71) 36. Extent of the liability – Explained: 36 (1970) CLT 602. The question of that a person against him proceeding has been initiated for eviction from the Government land whether he is a landless person is to be decided and if it is found that the land can be settled in his favour than the same may be settled. But in the present case there were several disputed question of facts which cannot be decided in the Writ Application as such the matter was remanded with direction: 1999

1. (I) OLR 599. In the Eviction Proceedings the Tahasildar should consider whether the encroached land can be settled with the said person after finding that he is a landless person: 1991 OLR 374. Landlord encroaching upon the Government land appurtenant to his residential house and thereafter letting out the same to a tenant. It is the landlord who is to be treated as an encroacher: 63 (1987) CLT 597. The authorities are to make due enquiry into several aspect of the matter and should give proper finding: 41 (1975) CLT (SN. 145) 99. 2[6-A. Reduction and remission of assessment and penalty :– Subject to such conditions as may be prescribed, the Collector may, in suitable cases either reduce or remit the amount payable by way of assessment under Sec. 4 of the penalty, if any, imposed under Sec. 6.] NOTES :– The reduction or remission before the omission of the section has been protected. The proceedings which were pending on the date of omission of the Section would continue. This is provided in Sec. 7 of Orissa Act 25 or 1976 which reads as follows: "7 Savings :– The omission of Sec. 6-A of the principal Act by this Act shall in no way affect any reduction or remission of any assessment or penalty made under the said section prior to the date of commencement of this Act nor shall it any way affect the proceeding under the section on the said date.