Vesting of orchards and tanks belonging to Government :– (1) The

Collector may, in the public interest by notice published in the prescribed manner declare the possession, management and control of any tank, orchard

*. Published vide Orissa Gazette Ext./4.7.1964-O.A. No. 10 of 1964.

For Statement of Objects and Reasons see Orissa Gazette Ext. No. 134/ 04.03.1963; and for Report of the Select Committee see ibid. No. 679/ 26.09.1963.

or tree belonging to Government to have vested in the Grama Sasan having jurisdiction:

Provided that no such declaration shall be made in respect of any such property wherein any village community or a Section thereof has any rights other than rights as were liable to be terminated without payment of compensation at any time by or on behalf of Government unless the Grama Panchayat of the Grama Sasan having jurisdiction, by resolution passed by two-thirds majority, expresses its willingness to take over such property.

1. (2) Upon a declaration being made under Sub-Section (1) the rights, if any, of all persons including any village community or a Section thereof in respect of such tank, orchard or tree shall stand extinguished: Provided that nothing herein contained shall affect–
   • (a) the customary use of water of such tank for purposes of drinking or bathing; or
   • (b) any irrigation rights therein allowed under the law in force in the area.