Chapter I Chapter I

1. (1) This Act may be called the Orissa Survey and Settlement Act, 1958.
2. (2) It extends to the whole of the State of Orissa.
3. (3) This section shall come into force at once. The State Government may, by notification in the official Gazette, direct that all or any of the remaining provisions of this Act shall come into force in such area and on such date as may be specified in the notification.

In section 33 of the Orissa Survey and Settlement Act, 1958 for the words "an officer not below the rank of a Revenue Divisional Commissioner", the words "any officer above the rank of a Settlement Officer" shall be substituted.

1. (1) The Government or subject to their control any officer or authority empowered by Government may, at any time, by notification, order a survey to be made of any land in the State or the boundary thereof.
2. (2) The Government shall be competent at any time during the continuance of the proceedings of any survey, to issue an order to stop such survey and, if subsequently so ordered such proceedings shall be proceeded with from such stage as may be directed.
3. (3) The Government may also issue a notification ordering a survey-
   • (a) on the request of-
     • (i) any Local authority; or
     • (ii) other persons; who agree to pay such amount as may be directed by the Government towards the cost of survey; or
   • (b) where in any local area, not less than one-half of the total number of raiyats apply for the survey, depositing or giving security for such amount towards the payment of expenses as the Government may direct.

1. (1) The Board of Revenue may by notification appoint any Officer or person either by name or by virtue of his office to be a Survey Officer for all or any of the purposes of this Act.
2. (2) Subject to the control of the Board of Revenue, every officer or person so appointed shall exercise and perform the powers and duties of a Survey Officer within such local limits as the Board of Revenue may direct.
3. (4) The survey shall be conducted in such manner as may be prescribed by the Government.

1. (1) When any survey is ordered under section 3, the Survey Officer shall publish a proclamation in the prescribed manner inviting all persons having any interest in the land or in the boundaries of which the survey has been ordered, to attend either in person or by agent at a specified place and time and from time to time thereafter when called upon for the purpose of pointing out boundaries and supplying information in connection therewith.
2. (2) A proclamation published under sub-section
3. (1) shall be held to be a valid notice to every person having any interest in the land or in the boundaries of which the survey has been ordered.

1. (1) After the issue of the proclamation under subsection
2. (1) of section 5 the Survey Officer, or his subordinates or any other officer acting under the authority of the Survey Officer shall have power to enter upon the land under survey, examine and measure such land and clear by cutting down or removing any trees, jungle, fences, standing crops or other material obstructions to the boundaries or other lines the clearance of which may be necessary for the purposes of the survey.
3. (2) The Survey Officer shall, after assessing the loss occasioned by any clearance as is mentioned in sub-section (1), offer reasonable compensation to the owners of the materials so cleared.
4. (3) Any person aggrieved by a decision under sub-section
5. (2) may, within thirty days from the date of such decision, prefer an appeal to the prescribed authority.

A.

1. (1) The Survey Officer shall prepare a draft survey record which shall comprise of-
   • (a) the map drawn to such scale as may be convenient in the opinion of the Survey Officer; and
   • (b) such other record as the Board of Revenue may, by order, specify in that behalf.
2. (2) When a draft survey record has been prepared the Survey Officer shall publish the same in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein or to any omission therefrom during the period of publication.

B. An appeal, if presented within thirty days from the date of the order appealed against, shall lie to the Chief Survey Officer from every order passed by the Survey Officer on any objection made under section 6-A.

C.

1. (1) When all such objections and appeals, if any, have been disposed of, the Survey Officer shall finally frame the survey record incorporating all such alterations as may be necessary to give effect to the orders passed on such objections and appeals and shall cause it to be finally published in the prescribed manner; and the publication shall be conclusive evidence that the record has been duly made under this Chapter.
2. (2) Separate drafts and final records may be published for different local areas or parts thereof.

D. The Board of Revenue may, in any case-

1. (a) of its own motion at any time after the date of final publication under section 6-C; or
2. (b) on application against an appellate order under section 6-B presented within one year from the said date; direct the revision of any survey record or any portion thereof but not so as to affect any order passed by a Civil Court under section 42:

Final publication of survey record to be notified After a survey record has been finally published the Board of Revenue shall, by notification, declare that such record has been finally published, and such notification shall be conclusive proof of such publication.

1. (1) Subject to such conditions as may be prescribed in this behalf, every person interested in the land shall be bound to maintain, renew and repair the survey marks on or within the boundaries of his holding and in default of his doing so, the Collector may, at the cost of the Government maintain, renew and repair such survey marks, determine and apportion the cost of so doing, and recover such costs as a public demand or arrear of land revenue as the case may be.
2. (2) Before the Collector renews or repairs any survey marks he shall serve a notice in writing on the cultivator or other person interested in the prescribed manner intimating him the action proposed to be taken by him specifying the time fixed for such action.

1. (1) The whole or such portion of the costs as may be ordered in respect of survey made on the application of parties under sub-section
2. (3) of section 3 shall be borne by them: Provided that where the application is made under clause
   • (b) of the said sub-section the amount recoverable under this section shall be recovered from all the raiyats of the local area including the applicants.
3. (2) The Government may prescribe the manner in which such costs shall be assessed. The costs so assessed shall be recoverable as arrears of land revenue. Omitted

¹⁰ Omitted

[(1) The Government may, in any case if they think fit, make an order directing that a record-of-rights be prepared in respect of lands in any local area in the State.]

1. (2) The Government may also make an order under the preceding sub-section -
   • (a) on the request of-
     • (i) any local authority; or
     • (ii) other persons ; who agree to pay such amount as may be directed by the Government towards the cost of preparation of the record-of-rights; or
   • (b) on the request of not less than one-half of the total number of raiyats having land in the village and on their depositing such amount for payment of expenses as the Government may direct.
2. (3) A notification in the Gazette of an order under this section shall be conclusive evidence that the order has been duly made. [(4) When an order is made under sub-section
3. (1) the Assistant Settlement Officer shall proceed to prepare the record-of-rights in the prescribed manner.
4. (5) The record-of-rights shall comprise of-
   • (a) the khewat which shall show the character and extent of proprietary interests and may also show the particulars of other rent-receiving interests; and
   • (b) the khatian which shall show such details as may be prescribed.
5. (6) For the purpose of preparation of record-of-rights in respect of any local area, there shall be prepared in the prescribed manner a map showing, as far as may be, all such particulars as may be considered necessary for the purpose and the record-of-rights so prepared shall be in conformity with the map :

Preliminary publication of draft record-of-rights and hearing of objections When a draft record-of-rights has been prepared, the Assistant Settlement Officer shall publish the same in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein or any omission therefrom during the period of publication.

An appeal, if presented within thirty days from the date of the order appealed against, shall lie from every order passed by the Assistant Settlement Officer under section 12 to the Settlement Officer or to any other officer specially empowered by Government in this behalf.

1. (1) When all such objections and appeals have been disposed of the Assistant Settlement Officer shall finally frame the record-of-rights incorporating all such alterations as may be necessary to give effect to the orders passed on such objections and appeals and shall cause it to be finally published in the prescribed manner and such publication shall be conclusive evidence that the record has been duly made under this Chapter.
2. (2) Separate drafts and final records may be published for different local areas or parts thereof.

[(1) Any record-of-rights prepared and finally published under this Chapter or a certified copy thereof or extract therefrom shall be conclusive evidence of such publication.

1. (2) The Government may, by notification, declare with regard to land in any local area or village that a record-of-rights has been finally published and such notification shall be conclusive evidence of such publication.
2. (3) Every entry in a record-of-rights so published shall be evidence of the matter referred to in such entry and shall be presumed to be correct, until it is proved by evidence to be incorrect : Provided that, if any entry in a record-of-rights is altered in a subsequent record-of-rights, the later entry shall be presumed to be correct until it is proved by evidence to be incorrect, but the previous entry shall be admissible as evidence of the facts existing at the time such entry was made.] Omitted

¹⁴ Omitted

The Board of Revenue may in any case direct-

1. (a) of its own motion the revision of any record-of-rights, or any portion of a record-of-rights at any time after the date of final publication under [section 12-B] but not so as to affect any order passed by a Civil Court under section 42 ; [(b) on application against an appellate order under section 12-A presented within one year from the date of final publication under section 12B, the revision of any record-of-rights or any portion thereof but not so as to affect any order passed by a Civil Court under section 42:]

Maintenance of records [In order to keep the map and the record-of-rights up to date the same shall be maintained in accordance with such rules as may be prescribed in that behalf.]

1. (1) The cost of preparation of record-of-rights on an application made under sub-section
2. (2) of section 11 or such portion thereof as may be ordered shall be borne by the applicants : Provided that where the application is made under clause
   • (b) of the said sub-section the amount recoverable under this section shall be recovered from all the raiyats of the village including the applicants.
3. (2) The Government may prescribe the manner in which such cost shall be assessed. The cost so assessed shall be [recoverable as arrears of land revenue].