The Orissa Survey and Settlement Act, 1958
Chapter IV SETTLEMENT OF RENT
Chapter IV SETTLEMENT OF RENT
18. Settlement of rent
- (1) The Government may at any time, direct [the settlement of] rent in respect of land situate in any village or local area for which a record-of-rights has already been finally published.
- (2) The Government may also issue a direction 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 the settlement of rent ; or
- (b) on the request of not less than one-half of the total number of raiyats having land in any local area on their depositing such amount for payment of expenses as the Government may direct.
- (a) on the request of-
- (3) All amounts payable under clause
- (a) of sub-section
- (2) shall be [recoverable as arrears of land revenue].
Chapter IV SETTLEMENT OF RENT
19. Principles for fixing rent
- (1) The Government may prescribe the principles for fixing fair and equitable rent for any land used for agriculture having regard to-
- (a) the average price of crops during the preceding ten years other than the years which the Government may notify to be or to have been either famine years or abnormal years in respect of any local area;
- (b) the crop or crops normally grown on such land :
- (c) the situation of the land and the nature of the soil; and
- (d) the maximum rent assessed on land of similar quality and productivity elsewhere in the State. Explanation-For the purposes of this sub-section-
- (a) "agriculture" includes raising of crops, grass or garden produce, horticulture or use of land as pasture or forest or for any other purpose ancillary to agriculture other than residential purpose;
- (b) the cultivable waste land of a tenant shall be deemed to be land used for agriculture; and
- (c) the crop or crops which could have been grown in any land referred to in the preceding clause or in any land which is used for any purpose ancillary to agriculture shall be deemed to be the crop or crops normally grown on such land.
- (2) The Government may also prescribe the principles for fixing fair and equitable rent for lands used for any purpose other than agriculture including all kinds of homestead lands in urban and rural areas of the State having regard to-
- (a) the situation of the land;
- (b) purpose for which it is uses;
- (c) communication and marketing facilities; and
- (d) market value of the land.
- (3) The rent so fixed shall be deemed to be the rent payable for the land: Provided that Government may, subject to such conditions as they may impose, direct remission or reduction of the fair and equitable rent so fixed in respect of any land which is owned by any religious or charitable institution of a public nature, and is utilised for the promotion of education, health, culture, fine arts, sports or games or for social welfare.
- (4) The provisions of this section shall have effect, notwithstanding anything contained in any law, custom or contract for the time being in force.]
Chapter IV SETTLEMENT OF RENT
20. Manner of fixation of rent
When an order is made under section 18 the Assistant Settlement Officer shall fix the fair and equitable rent in the prescribed manner.]
Chapter IV SETTLEMENT OF RENT
21. Preliminary publication and amendment of Settlement Rent-Roll
[21.
- (1) When rent has been fixed the Assistant Settlement Officer shall prepare a Settlement Rent Roll containing such particulars as may be prescribed and shall, cause the same to be published 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 omission therefrom during the period of publication.
- (2) The Assistant Settlement Officer may, of his own motion or on the application of any party aggrieved, at any time before a Settlement Rent Roll is submitted to the Settlement Officer under section 22 revise the rent entered therein:
Chapter IV SETTLEMENT OF RENT
22. Provided that no such revision shall be made until reasonable opportunity has been given to the parties concerned to appear and be heard in the matter.
Sanction of settled rent and modification of orders passed on objections [22.
- (1) When all such objections have been disposed of the Assistant Settlement Officer shall submit the Settlement Rent Roll to the Settlement Officer with a full statement of the grounds of his proposals and a summary of the objections, if any, received by him.
- (2) The Settlement Officer shall-
- (a) of his own motion ; or
- (b) on application within thirty days from the order passed on an objection preferred under sub-section
- (1) of section 21. ; have power to modify any such order.
- (3) The Settlement Officer may sanction the said Roll with or without amendment or may return the same for revision by the Assistant Settlement Officer.
- (4) No modification or amendment or revision shall be made under sub-section
- (2) or, as the case may be, sub-section
- (3) until reasonable opportunity has been given to the parties concerned to appear and be heard in the matter.]
Chapter IV SETTLEMENT OF RENT
23. Incorporation of settled rent in the record-of-rights and final publication thereof
[23.
- (1) After sanction of the Settlement Rent Roll the Assistant Settlement Officer shall incorporate the settled rent in the record-of-rights, make such amendments or alterations in the said record and the map, if any, and shall cause a fresh copy of the record-of-rights to be finally published in the prescribed manner.
- (2) Such publication shall be conclusive evidence that the rent has been duly settled under this Chapter and the record-of-rights so published shall be deemed to be the record-of-rights published under section 12-B.]
- • * * *
24 Omitted
Chapter IV SETTLEMENT OF RENT
25. Revision by the Board of Revenue
The Board of Revenue may, in any case -
- (a) of its own motion, at any time after the date of final publication under [section 23] ; or
- (b) on application against an order under sub-section
- (2) of section 22 presented within one year from the said date ; direct the revision of the rent so settled but not so as to affect any order passed by a Civil Court under section 4[42] : Provided that no such direction shall be made until reasonable opportunity has been given to the parties concerned to appear and be heard in the matter. 3* * * *
26 Omitted
Chapter IV SETTLEMENT OF RENT
27. Presumption as to correctness of rents settled
Subject to the provisions of sections [25 and 42] all rents settled under sections [20, 21 and 22] and incorporated in a record-of-rights finally [published under section 23] shall be deemed to have been correctly settled and to be fair and equitable rent within the meaning of this Act.
Chapter IV SETTLEMENT OF RENT
28. Date from which settled rent takes effect
When any rent is settled under this Chapter it shall take effect from the beginning of the agricultural year next after the date of sanction [under sub-section (3)] of section 22 : Provided that the Government may prescribe an earlier date from which such settlement shall take effect and that such date shall not be earlier than the date of notification under section 18.
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