Chapter VI MISCELLANEOUS

[36.

1. (1) Notwithstanding anything contained in Chapters II, III and IV, the Government may make an order directing that proceedings relating to-
   • (a) survey and preparation of record-of-rights,
   • (b) preparation of record-of-rights and settlement of rent, or
   • (c) survey, preparation of record-of-rights and settlement of rent, shall with respect to any local area, be carried on simultaneously and upon such order being made, the provisions of this Act shall apply to such proceedings with such modifications as may be prescribed.
2. (2) Where simultaneous proceedings have been ordered under clause
   • (a) or
   • (c) of the preceding sub-section, the Assistant Settlement Officer and the Settlement Officer shall respectively exercise all the powers of Survey Officer and Chief Survey Officer.]

1. (1) In the demarcation of village boundaries for the purpose of making a survey and preparing a record-of-rights under this Act the area contained within the exterior boundaries of the village shall, as far as possible, be preserved as the unit of survey and record and no other area shall be adopted as such unit without the sanction of the Board of Revenue.
2. (2) In respect of any area which is not a village, the unit aforesaid shall be as may be directed by the Chief Survey Officer or the Settlement Officer.
3. (3) The procedure to be followed in declaring any tract of land to constitute a village shall be as may be prescribed.

1. (1) All records published in the course of proceedings relating to survey, preparation of record-of-rights or settlement of rent and all records maintained, before the date of commencement of this Act under the provisions of any law for the time being in force or any custom having the force of law or under orders of Government, shall be deemed to have been finally published or maintained under sections 6-C, 12-B, 23 or 16, as the case may be and all rents settled prior to the said date under any such law, custom or order, as aforesaid, shall be deemed to be settled under this Act.
2. (2) The other provisions of this Act shall mutatis mutandis, apply to all such records and rents so settled. Explanation—For the purposes of the application of sections 6-D, 15, 25 and 42 the date of final publication shall be taken to be the date of commencement of the Orissa Survey and Settlement (Amendment) Act, 1965.
3. (3) Notwithstanding anything in the foregoing sub-sections, no proceedings shall be maintainable—
   • (a) under sections 6-D, 15 or 25 if the record or any entry therein or the settlement of rent had, prior to the date of commencement of the Orissa Survey and Settlement (Amendment) Act, 1965, been—
     • (i) subject to a revision by the Board of Revenue ; or
     • (ii) after being made, further considered by any authority in accordance with any law or under orders of Government ; or
     • (iii) subject to any decision by a Civil Court ; or
   • (b) under section 42 if the matter had been in issue in a previously instituted suit in a Civil Court. Omitted

³⁹ Omitted

No suit or other legal proceeding shall lie against any person for anything in good faith done or purporting to be done under this Act or any rule or order made thereunder.

Any Settlement Officer or Chief Survey Officer or any other officer specially empowered by the Board of Revenue in this behalf may on application or on his own motion, correct any clerical or arithmetical mistake in any map, plan or in any record-of-rights or any error arising therein from any accidental slip or omission :

Limitation of jurisdiction of Civil Court

1. (1) No suit shall be brought in any Civil Court in respect of any order directing survey, preparation of record-of-rights or settlement of rent under this Act or in respect of framing, publication, signing or attestation of any record thereunder or any part thereof; Provided that any person aggrieved by any entry in or omission from any record finally published under section 6-C, 12-B or 23 or in pursuance of section 36 may, within three years from the date of such publication, institute a suit for relief in a Civil Court having jurisdiction.
2. (2) When such court has passed final orders it shall notify the same to the Collector of the district and all such alterations as may be necessary to give effect to the orders of the said Court shall be made in the records published as aforesaid.

1. (1) The Government may, after previous publication, make rules for the purpose of carrying out the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power the Government may make rules:—
   • (i) to regulate the procedure to be followed by different officers and authorities in the discharge of any duty imposed or the exercise of any power conferred upon them by or under this Act and may by such rules confer upon any such Officer—
   • (a) any power exercised by a Civil Court in the trial of suits ;
   • (b) power to enter upon any land and to survey, demarcate and make a map of the same ; and
   • (c) power to cut and thrash the crops on any land and weigh the produce with a view to estimating the capabilities of the soil ;
     • (ii) to prescribe the forms to be used and the mode of service of notices issued under this Act where no form or mode is prescribed by this or any other Act ;
     • (iii) as to the procedure to be followed in hearing applications and appeals under this Act ;
     • (iv) as to the fees, costs and charges to be paid for the purposes of this Act ; notwithstanding anything in the Court-fees Act, 1870;
     • (v) for the survey of lands and the preparation of a record-of-rights and of settlement of rent ;
     • (vii) prescribing the form in which registers shall be maintained of applications and appeals disposed of under this Act ;

All rules made under section 43 shall, as soon as may be after they are made, be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions, and if during the said period the State Legislature makes any modifications therein, the rules shall thereafter have effect only in such modified form, so, however, that such modification shall be without prejudice to the validity of anything previously done under the rules.

With effect from the date this Act comes into force in any area the laws mentioned hereunder shall, with respect to the said area, be repealed namely :—

1. (a) any law in force in any of the merged territories to the extent it is repugnant to the provisions of this Act ; and
2. (b) the enactments specified in column 2 of the Schedule to the extent specified in column 3 thereof.

1. (1) Nothing contained in this Act shall in any way affect any proceedings pending on the date this Act comes into force under any of the enactments or laws referred to in section 45 and all such proceedings shall be continued up to the stage of final publication of records under the said enactments or laws.
2. (2) For removal of doubts it is hereby declared that the right of the Government to realise the costs of all proceedings relating to survey, record-of-rights and settlement of rent whether continued or completed under the enactments specified in the Schedule shall remain unaffected notwithstanding anything contained in this Act.

A. Notwithstanding anything contained in the Central Provinces Acts mentioned below the Settlement Officers and Assistant Settlement Officers appointed under this Act shall respectively exercise the powers and perform the functions of-

1. (a) Chief Settlement Officers and Settlement Officers under the Central Provinces Land Revenue Act, 1881 and the Central Provinces Tenancy Act, 1898; and
2. (b) Settlement Officers and Assistant Settlement Officers under the Central Provinces Land Revenue Act, 1917 and the Central Provinces Tenancy Act, 1920.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, do anything which appears to them necessary for purpose of removing the difficulty.