|
The
Orissa Government Land Settlement
Rules, 1983 |
Whereas
the draft of the Orissa Government Land Settlement Rules, 1983
were published as required by Sub-section (1) of Section 8-A
of the Orissa Government Land Settlement Act, 1962 (Orissa Act
33 of 1962) in an extraordinary issue of Orissa Gazette No.
1444, dated the 1st November, 1983 under the Notification of
the Government of Orissa in the Revenue Deptt. No. 40349-GE-(GL)-S-84/83/R.,
dated the 22nd June,1983 inviting objections and suggestions
from all persons likely to be affected thereby.
Whereas objections and suggestions received from the public
on the said draft have been considered by the State Government.
Now therefore in exercise of the powers conferred by Section
8-A, of the Orissa Government Land Settlement Act, 1962 (Orissa
Act 33 of 1962) the State Government do hereby make the following
Orissa Government Land Settlement Rules, 1983.
1. Short title and Commencement
-
(1) These Rules may be called the Orissa Government Land Settlement
Rules, 1983.
(2) They shall come into force on the date of their publication
in the Official Gazette.
2. Definitions-
(1) In these Rules, unless the context otherwise requires-
(a) Act means the Orissa Government
Land Settlement Act, 1962;
(b) Communal with respect to a land means
a land which is used by any village community or any section
thereof for a communal purpose like burying or cremating dead
bodies, celebrating public festivals, holding melas or common
worship and the like without any Interference from anybody or
paying any fees for the purpose;
(c) Effective area of a village means
the total extent of private agricultural land plus arable Government
lands consisting of Gochar, village forests and waste land in
the village, multiplied by 20/23.
Note - For the purpose of calculating
arable Government land under this clause, the following categories
of lands shall be excluded, namely :
(i) lands known as 'char' and 'diara' ;
(ii) lands subject to the custom of Utabandi Settlement;
(iii) Canal side, road side and other lands considered temporarily
surplus by the Works Department and Irrigation and Power Department
which are placed at the disposal of the Revenue Department for
temporary Settlement;
(iv) surplus railway lands placed by the Ministry of Railways
at the disposal of the Revenue Department for being utilised
for the purpose of Agriculture; and
(v) lands recorded or used for communal purposes;
(d) Form means a form appended
to these Rules;
1[(dd) home-steadless person means
a person who together with all the members of his family living
in common mess-
(i) does not have an annual income together with the annual
Income of all the members of his family from all sources exceeding
Rs. 3,600 or any amount as may be notified by Government from
time to time;
(ii) does not have any homestead land here in the State; and
(iii) owns less than one standard acre of agricultural land];
(e) Rural area means an area other
than urban area;
(f) Schedule means a Schedule appended
to these Rules;
(g) Section means a section of
the Act;
(h) Urban area means an area constituted
into a Municipality or a Notified Area under the Orissa Municipal
Act, 1950 and shall include such other areas having urban characteristics
which may be notified as such by the Government from time to
time.
(2) Words and expressions used but not defined in these Rules
shall have the same meaning as are respectively assigned to
them in the Act.
3. Plotting of urban lands reserved
for house-sites-
(1) Government lands belonging to any urban area reserved for
house-sites under Clause (a) of Sub-section (1) of Section 3
shall be divided into convenient plots in accordance with the
scale fixed by the consultation with the Municipality or Notified
Area Council, as the case may be, subject to the approval of
the Revenue Divisional Commissioner with reference to the requirements.
In making such Division the principles of Town Planning and
hygienic requirements shall be taken into consideration. The
plots shall be so arranged as to ensure straightness of streets,
guard against overcrowding and make suitable provisions for
drainage. Any future requirement of Government and other public
institutions shall also be kept in view.
(2) If a Town Planning Scheme has been approved under the Orissa
Town Planning and Improvement Trust Act, 1956 for any urban
area, the Collector shall follow the said Scheme in preparing
the plan of house-sites for disposal.
(3) The plots in urban area shall be divided into five categories
and assigned for the following purposes, namely :
(i) 2[land reserved for poor class people having annual family
income of less than Rs.8,400];
(ii) 1[land reserved for middle class people having annual family
income between Rs.8,400 and 30,000 having no house-site or having
inadequate accommodation in an urban area] ;
(iii) land reserved for future requirements of Government and
other public purposes;
(iv) land to be settled by public auction; and
(v) land to be reserved for setting up Small or Medium Scale
Industries.
Note - It shall not be necessary
that the plots assigned for any of the purposes shall be continuous.
The Collector shall obtain the approval of the Revenue Divisional
Commissioner to the classification of plots made as above.
4. De-reservation Principles-
(1) Any land which has been reserved under Clause (a) of Sub-section
(1) of Section 3 or recorded as Gochar may be de-reserved by
any officer not below the rank of Collector authorised by the
State Government in that behalf. In making such de-reservation
the following procedure shall be followed, namely:
(i) A notice inviting objection to the proposal for de-reservation
specifying particulars of the area to be de-reserved and its
situation such as village, Gram Panchayat and town, khata or
holding and plot number and extent shall be published in the
manner prescribed in Sub-rule (5) of Rule 5. A period of thirty
days shall be allowed for filing objections, if any, before
the concerned Tahasildar. If during the said period no objection
is received, the Tahasildar shall submit his proposal for de-reservation
giving justification for the same.
(ii) In case of objections filed before the Tahasildar, he shall
hear the parties on a date fixed by him and, after such hearing,
shall forward his recommendation to the authorised Officer for
orders. On receipt of recommendation from the Tahasildar, the
authorised Officer may, on being satisfied with the grounds
advanced by the Tahasildar for de-reservation, accept and modify
to the extent he considers necessary or reject the same. The
orders passed by the authorised Officer shall be communicated
to the concerned Tahasildar. When the authorised Officer passes
orders for de-reservation such order shall be published in the
manner prescribed in Sub-rule (5) of Rule 5. The Tahasildar
shall thereafter make necessary corrections in the record-of-rights".
(2) While de-reserving any Government land recorded as Gochar
the authorised Officer shall assess the reasonable requirements
for the purpose of Gochar for use by the community in the following
manner :
(i) in every surveyed village which is not included within the
limits of an urban area, five per cent of the effective area
of the village shall be set apart for pasturage (Gochar) subject
to availability of suitable Government land ;
(ii) in every un-surveyed village, land for pasturage shall
be set apart at the rate of one acre for every fourteen inhabitants
of the village, and if the village is un-inhabited ; reservation
for pasturage, shall be made at the rate of one acre for every
three persons having land in the village, subject to availability
of suitable Government land :
Provided that the above provision shall not apply to Gochar
situated in an urban area.
5. Manner of settlement of Government land:-
(1) All applications for settlement of Government land irrespective
of the purpose of lease or the extent of area involved, either
in rural or in urban area, shall be filed before the Tahasildar
having jurisdiction over the area in which the land is situated.
(2) Application for settlement of land shall be in Form-1.
(3) On receipt of applications, they shall be forthwith entered
chronologically in a register maintained in Form-II. There shall
be two such registers, one for the urban area and another for
the rural area. The Tahasildar shall, on receipt of the application,
cause a verification to be made in respect of each application
with reference to the existing record of-rights and maps, ascertain,
if the land applied for is free from encroachment or encumbrance
or not, and whether the lease can be granted, and examined whether
any de-reservation will be necessary and the applicant is eligible
to get the land for the purpose for which he has applied and
the like. Such verification shall as far as prescribed, be completed
within a period of fifteen days from the date of receipt of
the application. If, after such verification,the Tahasildar
is of the opinion that settlement of land shall not be granted
because of non-availability of land in question or non-eligibility
of the person applying for the land or the like, he shall reject
the application after recording in writing reasons of such rejection
in respect of each application. He shall do so irrespective
of the fact whether the sanction of the lease in the said case
is within his competence or rests with any other officer.
(2) If after necessary verification, as mentioned in sub-rule
(3) the Tahasildar is of the opinion that settlement of land
may be granted he shall publish a proclamation in Form No. III
and invite objections, fixing a date for hearing the said objections,
if any.
(3) The proclamation shall be published by beat of drum and
by affixing a copy of the same at a conspicuous place in the
village or urban area in which the land is situated in the presence
of not less than two person of the locality. If the village
is un-inhabited, the notice shall be published in the nearest
inhabited village. A copy of the proclamation shall be published
by affixing in the Notice Board of the Tahasil office and a
copy shall be sent to the Gram Panchayat or Notified Area, Council
or Municipality, as the case may be, urban which the land is
situated.
(4) On expiry of thirty days from the date of publication of
the proclamation, the Tahasildar shall hear objections, if any,
received during the proclamation period, after hearing objections
or immediately after expiry of thirty days from the date of
publication or the proclamation, where no objection has been
filed, the Tahasildar shall, if he satisfied that the applicant
is deserving and there is no objection to settlement on any
ground, make order granting such settlement of the land applied
for or any portion thereof and submit the case record, after
expiry of the appeal period, to the Sub-divisional Officer having
jurisdiction for approval. If the settlement has to be granted
by an Officer superior in rank to the Tahasildar under these
rules the case records shall be submitted to such Officer for
disposal. The Tahasildar shall forward a list of leases granted
every month to the Collector for his information.
(5) Settlement of land shall be in conformity with reservation,
if any, made under clause (a) of sub-section (1) of Section
3.
Provided that no such settlement shall be made, unless the premium
fixed for the land is paid:
Provided further that the Government may exempt the premium
payable in any case or class or cases for settlement of land.
5-A. Notwithstanding anything contained in Rules 3,5,8,11,12
and 13 lease /settlement of Government land in the Civil Township
of Rourkela Notified Area shall be made in the manner prescribed
in Schedule IV.
5-B. Notwithstanding anything contained in rules 3,5,5-A, 8,11,12
and 13 ,Settlement of Khasmahal and Nazul land, Gramakantha
parambok and Abadi land leased out prior to the 9th day of January
,1991 shall be made in the manner prescribed in Schedule-V.
6. Principles for settlement-
(1) Settlement of Government land for agricultural purposes
shall be made village-wise. Every year, applications received
in each quarter shall be considered in one batch for disposal
in the first month of the succeeding quarter. Applications of
each category of applicants specified in sub-section (3) of
Section 3 shall be considered together and disposed of in the
order of priorities.
(2) Where reclamation schemes are undertaken by Government for
agricultural development or for resettlement or rehabilitation
of displaced persons of any category including tribes or of
weaker sections of the society, settlement of the land reclaimed
shall be made according to such scheme in each case.
(3) Char and Diara land which are thrown out of a reservoir
or any other irrigation project temporarily shall be settled
for cultivation for a season only.
(4) No Government land shall be settled in urban areas for agricultural
purposes.
(5) Land covered by forest growth coming within the purview
of clause (ii) of Section 2 of the Forest (Conservation) Act,
1980 or recorded as forest inside village boundary of lands
inside village boundary covered by forest shall not be settled
for any purpose whatsoever without prior approval of Government.
Where areas having sparse tree growth inside village boundary
are proposed to be settled under these rules, no intimation
slips as provided in Rule 12, shall be issued unless the following
formalities are observed, namely -
(a) the Divisional Forest Officer in-charge of the area shall
be intimated of the decision to settle the land if there is
sparse tree growth on it and he shall be called upon to dispose
of the trees within a period of three months from the date of
such intimation either by himself or through an officer not
below the rank of a Range Officer;
(b) the Divisional Forest Officer shall arrange for disposal
of the trees by auction to the village community in the presence
of the Tahasildar or his representative not below the rank of
a Revenue Supervisor which shall not be less than the royalty
at the rates approved by the Forest Department. Only very small
growth which is not saleable or which is not worth-selling may
be settled with any person at four times the rate of royalty
prescribed by the Forest Department.
(c) If within three months the Divisional Forest Officer does
not dispose of the trees or remove them, the Tahasildar or any
officer authorised by him in this behalf shall do the same through
public auction.
(d) On receipt of intimation under clause (a) of sub-rule (5)
the Divisional Forest Officer may raise objection to settlement
of such lands. In all such cases the area objected to shall
not be settled without the orders of the Collector after due
consideration of the objection of the Divisional Forest Officer,
provided that the grant of lease does not contravene the provisions
of clause (ii) of Section 2 of the Forest (Conservation Act,
1980 and that the proposed lease of land if inside a village
boundary, is not recorded as forest or otherwise covered by
forests.
7. Settlement of land for homestead
purpose in rural areas -
(1) in each village the land for homestead purposes shall be
demarcated separately and for such purposes no settlement shall
be made outside the demarcated areas.
(2) The extent of land to settled in favour of each person having
no homestead land shall be such as may be determined by Government
from time to time. Where the land is not sufficient to accommodate
all such persons, settlement shall be made subject to the limit
of availability.
8. Settlement of house-sites
in urban areas :-
(1) In respect of each plot of land reserved for house-sites
which falls under the categories mentioned in clauses (ii) and
(iii) of sub-rule (1) of Rule 3 the Collector shall, with the
approval of the Revenue Divisional Commissioner, fix a minimum
premium; equal or approximate to the market value of the land
prevailing in the urban area for similar lands in the vicinity,
for payment by persons for whom such reservation is meant. The
premium so fixed shall be reviewed every three years and revised
with the approval of the Revenue Divisional Commissioner. For
areas where the prices of house-sites rapidly fluctuate, the
Collector may get the rate revised at shorter intervals.
(2) Applications for house-sites shall be taken up for consideration
once in every half year. All pending applications shall be duly
considered by the Collector and leases of plots granted strictly
in conformity with the division of plots approved under sub-rule
( 1) of Rule 3 in consultation with the Committee consisting
of two members of the concerned local bodies to be nominated
by the Revenue Divisional Commissioner for the purpose;
Provided that such consultation may be dispensed with during
the period when Government take over the affairs of the concerned
Local Body or Bodies.
(3) Lands falling under the category mentioned in clause (i)
of sub-rule (3) of Rule 3 shall be settled in the following
order of priority, namely-
(i) Poor persons (inhabitants) of the urban area whose presence
in it is necessary in the general interest of the people, but
who are unable to acquire house sites and have no adequate living
accommodation of at least five cents for each separated family.
(ii) Poor persons belonging to the concerned district who do
not have house in the urban area but whose presence in it is
essentially necessary any for the general interest of the public
or for their business, trade or profession or any other legitimate
reasons direct\y connected with their livelihood;
(iii) Any poor inhabitant of the State other than one belonging
to a district in which the urban areas occur who do not have
a house-site or whose presence in the urban area is necessary
in connection with their trade, business or other avocation
and in the general interest of the public.
(4) Lands falling under the category mentioned in clause (ii)
of sub-rule (3) of Rule 3 shall be settled in the following
order or priority, namely:
(i) inhabitants of the urban area who do not have a house in
any urban area and in the urban area in question or who do not
have adequate living accommodation of at least five cents for
each separated family;
(ii) inhabitants of the district in which the urban area is
situated who do not have a house in any urban area and whose
residence in the urban area is necessary for the purpose of
business, trade or profession or any other justiciable reasons
;
(iii) inhabitants of other districts of the State whose, continued
presence in the urban area is necessary for the sake of their
trade, business, avocation or any other reasons justifying allotment;
(iv) others whose presence in the urban area is necessary for
any justiciable reasons.
Note-Each application for house-sites for middle and poor class
people shall accompany an affidavit duly sworn in before a Magistrate
in the Form as prescribed in Schedule-I.
(5) Lands falling under clause (iv) of sub-rule (3) of Rule
3 shall lease out to the highest bidder by public auction in
the following manner, namely-
(a) before public auction is held, the. Collector shall cause
publication of a notice, giving fifteen clear days time from
the date of such publication and before the date of auction,
fixing the date, hour and place of auction in two daily news
papers of the State and in such other manner as he considers
necessary for wide publicity;
(b) the auction shall be held by the Collectors;
(c) the highest bid for premium shall, in no case, be less than
the minimum premium fixed under sub-rule (1) after taking into
account the cost of development, if any, and other incidental
expenses;
(d) notwithstanding anything contained ion this sub-rule, if-
(i) the Collector for sufficient reasons considers that the
land may not be settled with the highest bidder he shall, after
recording his reasons, therefore, order settlement of the land
with any other bidder who participated in the auction or put
the land to fresh auction after recording the reason in that
behalf in the case record;
(ii) the application is for small plot adjoining and existing
holding of the applicant and the plot is very much necessary
for the beneficial enjoyment of the existing holding or residence
of, the applicant the Collector may dispense with the settlement
by public auction of the site or part thereof and make settlement
with the applicant on payment of a premium fixed under sub-rule
(1);
(iii) earnest money not less than 5% of the minimum premium
fixed under sub-rule (1) shall be deposited by the persons desirous
of participating in the auction before the auctions are started.
The amounts de-posited as such by the person wining the bid
or any other bidder in whose favour the land Is decided to be
settled as provided in clauses (c) and (d) are to be adjusted
towards the premium payable by them. The earnest money, deposited
by other bidders, in whose favour the land is not decided to
be settled as provided in clauses (c) and (d) shall be refunded
to them at the end of the bid. The bidders in whose favour the
land is decided to be settled as provided in clauses (c) and
(d) shall make payment of the balance amount within fifteen
days from the date of auction (both days inclusive) to the Collector,
failing which the bid will automatically lapse and the earnest
money deposited by them shall, after deducting reasonable damages
determined by Collector, be refunded.
(6) Where the reservation of plots cannot be finalised within
reasonable time, the Collector may, after preparing a tentative
plan with the approval of the Revenue Divisional Commissioner,
lease house-sites according to the above provisions and shall
incorporate the same while finalizing the reservation;
(7) The auction shall be held by the Collector or any officer
authorised by him not below the rank of a Deputy Collector on
the date fixed in the notice. The auction may be adjourned from
time to time for good reasons to any subsequent date with due
public notice.
9. Temporary settlement -
Where a plot has been reserved under Section 3 of the Act for
any purpose, but no immediate settlement for that purpose is
contemplated, the Collector, with the prior approval of the
Revenue Divisional Commissioner, may give temporary lease of
the whole plot or any portion thereof for any specific purpose,
within the terms and conditions as may be prescribed by Government
from time to time.
10. Terms and conditions of settlement-
Terms and conditions of settlement of land for purposes other
than agriculture, both in rural and urban areas, shall be such
as may be determined by the Government from time to time.
11. Authorities competent to
dispose settlement -
Disposal of application for settlement of land for various purposes
shall be made by the authorities specified in Schedule II up
to the extent mentioned therein. All other cases for settlement
of land shall be referred to the Government for orders.
12. Fees-
Fees payable In respect of matters referred to in Clause (d)
of Sub-section (1) of Section 3 shall be in accordance with
the rates specified in Schedule III:
Provided that the Government may exempt the fees prescribed
in the said Schedule in any case or class of cases for settlement
of land.
13. Intimation slip, lease deed,
etc.-
In
all cases where a settlement of land is granted an intimation
slip in Form IV shall be issued by the Tahasildar in the name
of the lessee. Lease deed as wherever necessary, shall be executed
and registered at the cost of the lessee.
14. Procedure for disposal of
appeals and revisions-
Disposal of appeals and revisions under the Act shall be regulated
by the following procedure, namely:
(a) With every appeal or revision a certified copy of the order
appealed against or sought to be revised shall be filed;
(b) Every appeal or revision petition shall be drawn up in the
form of a memorandum signed and drafted by the appellant or
petitioner or his recognised agent or his counsel. The Memorandum
shall set forth concisely and under distinct head the grounds
of objection to the order appealed against or sought to be revised
and such grounds shall be numbered consecutively;
(c) If an appeal or revision petition is admitted, the authority
hearing the appeal or revision petition may call for a report
from the Officer against whose order the appeal or revision
has been filed;
(d) Pending disposal of the appeal or revision petition, operation
of the order appealed against or sought to be revised may, at
the discretion of the authority hearing the appeal or revision
petition be stayed;
(e) A notice of the appeal or revision petition and date of
its hearing shall be served on the respondent, if any; and
(f) reasonable opportunity shall be given to the parties to
be heard in person or through Advocate before final order in
an appeal or revision is passed.
15. Repeal-
(1) The Orissa Government Land Settlement Rules,1974 is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the Rules so repealed shall be deemed to have been
done or taken under Rules.
FORM-I
[ See Rule 5 (2) ]
APPLICATION FOR SETTLEMENT OF LAND
|
|
1.
(a) Name of the applicant
(b) Age |
|
| 2.
Father's name |
|
3.
(a) Present residential address
(in full)
(b) Permanent home address
(in full) |
|
| 4.
Caste, whether S.C./S. T./others. |
|
| 5.
Number of family members |
|
|
6.
Whether belongs to joint family
or a member of single family. |
|
7.
Annual income
(a) From Agricu1ture
(b) From other sources ,
|
|
| 8.
Extent ot land owned by him in his
name or in the name of other members of his family
in Urban Area/ Rural Area |
|
9.
(a) Occupation of the applicant
(b) Occupation of the family Members |
|
10.
Detailed particulars of land applied for:
(a) Name of villlage/Name of urban area
(b) Holding number , If any
(c) Plot number, if any
(d) Area applied for
(e) Boundary |
|
11.
Purpose for which the land is required
|
|
| Dated:
|
Signature
of the Applicant |
| |
|
FORM
II
(See Rule 5(3))
FORM OF REGlSTER |
| 1.
Serial number |
|
| 2.
Date of application |
|
| 3.
Whether for agriculture, homestead or any other purpose.
|
|
| 4.
Name and residence of applicant |
|
| 5.
Name of village/Urban area, Khata No. Plot No.of the land
applied for |
|
| 6.
Area of the plot with its boundaries as given in the application.
|
|
| 7.
Area of the plot as ascertained by actual enquiry. |
|
| 8.
Amount of survey fees paid . |
|
| 9.
Date of payment. . |
|
| 10.
Value of forest growth paid |
|
| 11.
Date of payment |
|
| 12.
Date of completion of survey |
|
| 13.
Abstract of final order with date amount of premium fixed.
|
|
| 14.
Amount of premium paid, if any . |
|
| 15.
Date of payment |
|
| 16.
Date of settlement area settled |
|
| 17.
Date of issue of Patta/ execution of agreement, as the case
may be, |
|
18.
Remarks-
[Here mention the category under
which the applicant falls with reference to
sub-section [3] of Section 3 and sub-rule [3]
of Rule 3 of the Rules) |
|
|
FORM-III
[ See Rule 5 (4) ]
PROCLAMATION OFFICE
OF TAHASILDAR |
It
is hereby informed to the General Public that Shri……………………………………
son of …………………………………..Village
………………………..P.O……………………,
District ………………………...has
applied for lease of Government land mentioned in the Schedule
below. Anybody having any objection to such settlement may file
objection petition within a period of thirty days from the date
of publication of this proclamation affixing Court Fee of Rs.1.30
(Rupees one and thirty paise) only to the undersigned. No objection
petition will be entertained after expiry on the schedule period.
SCHEDULE
Village…………………. Khata
No:…………….. Plot No. …………Area
. …………
|
FORM
IV
[See Rule 13 ]
INTIMATION SLIP FOR SETTLEMENT OF LANDS |
| Office
of the Tahasildar |
|
| District
|
|
| Case
No. |
|
| Name
of Village |
|
| Name
of Thana |
|
| Thana
No. of the village |
|
| Name
of the person in whose favour land is ordered for settlement. |
|
| Plot
No. and Area in acres |
|
| Annual
rent and cess , |
|
| Purpose
of settlement |
|
| Remark.
|
|
| Certified
that the above particulars have been incorporated in the
relevant register . |
TAHASILDAR |
| SCHEDULE
I
[ See Note below Rule 8 (4) ]
AFFIDAVIT
|
|
In
the Court of Shri………………………………
Magistrate ………………………………………..
I,Shri.…………………………
aged ………son of………………….…………..village
………………………..
P.O……………………….
P.S…………………..
in the district of ………………………..at
present ………..by profession do hereby
solemnly affirm as follows-
1. That my Income from all sources is Rs ………………
(Rupees …...).
2. That I or any of my family members do not own or posses
any residential house / building or homestead land in
the jurisdiction of ………………town
………...
3. That I own or possess a residential house/ building
or homestead in the jurisdiction of town but this has
inadequate accommodation, the extent of the homestead
land being ……………. cents.
4.
That my family consists of besides myself .
(i) Husband |
|
| (ii)
Wife |
|
| (iii)
Sons |
|
| (iv)
Unmarried daughters. |
|
| (v)
Widowed and dependant daughters. |
|
| (vi)
Brothers below …….years and unmarried
sisters. |
|
| (vii)
Father |
|
| (viii)
Mother, |
|
| (ix)
Step Children. |
|
| (x)
………………….
|
|
| (xi)
…………………… |
|
5. That my continued stay in this town is necessary in
the interest of my employment business trade profession
and avocation,
6. That I have not been considered for any homestead plot
in the town earlier and that my application has been rejected.
7. That I solemnly swear and affirm that the above statement
are true to my knowledge, and I. swear that I have concealed
anything regarding existing property, owned either by
me or by any of my family members mentioned above.
Identified by me Signature of the deponent
ADVOCATE
Shri
………………………………..aged
…………………..years,
son of ………. ……………………………..resident
of village………………………
P.O…………….. P.S ……………………….in
the District of ……………………
at present by profession who is identified by Shri ………………………….
Advocate, appears before me and states on oath that the
contents of this affidavit are true to the best of his
knowledge.
Deponent Magistrate
(Strike out whatever is unnecessary) |
| SCHEDULE
II
[See Rule II ]
POWER TO SANCTION SETTLEME'NT OF GOVERNMENT LAND |
| Sl.No.
|
In
whose favour |
Officer
exercising powers |
In
rural area |
In
urban area excluding Bhubaneswar, Rourkela, Sunabeda |
| 1. |
In
favour of Educational Charitable, Religious ,Cultural Philanthropic,
Literary, Social and Financial Institutions.
|
| Collector |
| R.D.C |
| Member,
Board of Revenue |
|
| Not
exceeding one acre |
| Exceeding
one acre but not exceeding five acres |
| Exceeding
five acres but not exceeding ten acres. |
|
| Nil |
Not
exceeding one acre
|
| Exceeding
one acres but not exceeding five acres. |
|
| 1A. |
In
favour of Deptt of Government.
|
| Collector |
| R.D.C |
| Member,
Board of Revenue |
|
| Not
exceeding five acres. |
| Exceeding
five acres but not exceeding ten acres |
Exceeding ten acres but not exceeding fifty acres.
|
|
| Not
exceeding one acre. |
| Exceeding
one acre but not exceeding five acres. |
| Exceeding
five acres but not exceeding ten acres. |
|
| 2. |
In
favour of Local Authorities. Statutory Bodies, and Corporations
established under any law for the time being in force |
| Collector |
| R.D.C |
| Member,
Board of Revenue |
|
| Not
exceeding one acre. |
| Exceeding
one acre but not exceeding five acres. |
| Exceeding
five acres but not exceeding ten acres. |
|
| Not
exceeding one acre. |
| Exceeding
one acre but not exceeding five acres. |
| Exceeding
five acres but not exceeding ten acres. |
|
| 3. |
In
favour of Small and Medium Industries. Collector |
|
| Not
exceeding five acres on the recommendation of the
Dist. Industries Centre. |
| Exceeding
five acres but not exceeding ten acres on the recommendation
of the Dist. Industries Centre. |
|
| Not
exceeding one acre on the recommendation of the Dist.
Industries Centre. |
| Not
exceeding one acre but not exceeding five acres on
the recommendation of the Dist. Industries Centre. |
|
| 4
. |
In favour of Live Stock Farms in private sector. |
|
| Not
exceeding two acres Five acres with recommendation
of Director of Animal Husbandary and Veterinary Services. |
| Nil |
|
| Not
exceeding one acre. |
|
Exceeding
one acre but not exceeding five acres. |
|
| 5. |
In favour of Orissa Cashew -nut-Development Corporation
and Orissa Forest Corporationfor Cashew -nut-plantation.
|
Collector |
Any
event subject to availability and suitability. |
Nil. |
| 6. |
In
favour of Orissa Industrial Infrastructure Development Corporation
for industrial purposes. |
Collector |
Ditto |
Any
extent subject to availability and suitability. |
| 7. |
In
favour of individuals for homestead purposes. |
Collector |
Nil
|
As
per plottings made in the plan, approved under Rule 3(1). |
| 8. |
In
favour of landless agricultural labourers for agricultural
purposes. |
Tahasildar;
subject to confirmation by sub-divisional officer. |
Up
to one standard acre or to the extent to which the land
already owned falls short of one standard acre (as defined
the O.L.R. Act.1960) |
Nil |
| 9. |
In
favour of homesteadless persons for homesteads |
Tahasildar,
subject to confirmation by Sub-divisional Officer. |
Not exceeding (ten) decimals. |
Nil |
| 10. |
In
favour of Cooperative societies. |
Tahasildar,
subject to confirmation by Sub-divisional Officer. |
Not exceeding one standard acre per each member of the society. |
Nil |
| 11. |
In
favour of ex-servicemen. |
Ditto
|
Up
to one standard acre. |
Nil |
| 12
. |
|
Any
other person not include in the above categories.
(i) Displaced persons of irrigation project. |
| (ii)Displaced
person of other project or categories. |
| (iii)Any
other person |
|
Tahasildar, subject to confirmation of the Subdivisional
Officer . |
As
per scheme formulated by Government from time to time up
to one standard acre |
Nil |
| 13. |
For
salt manufacture |
Government
|
Full
powers |
|
| 14. |
For
Brackish Water Pisciculture/Prawn Culture |
| (i)Sub-
Collector |
| (ii)Collector |
| (iii)
Revenue Divisional Commissioner |
| (iv)Government
|
|
| Not
exceeding ½ hectare. |
| Not
exceeding one hectare. |
| Not
exceeding two and half hectares |
| Full
power |
|
|
| 15. |
For
Coffee Plantation |
Government |
Full
power |
Full
power |
| 16. |
Any
other purposes Government Full power |
|
|
|
| SCHEDULE
III
(See Rule 12)
Fees payable in course of proceedings under the Act |
| Serial
No. |
Nature
of documents, etc. |
Fees
and Premium to be charged |
| 1. |
Application
for settlement:-
(i) Application fees |
| (ii)
Proclamation fees |
| (iii)
Measurement fee per plot |
|
|
Rs. 3.00 |
Rs.
3.00
( Up to three persons and
Re. 1 for each person
exceeding three). |
Rs. 4.00 |
|
| 2. |
Petition
of objection to the sanction
of any settlement
|
Rs.
3.00 |
| 3. |
Fee
for service of notice on appropriate
parties respondents or dependants on
summoning witness- |
(i)
In every case where ,personal or
substituted service of any notice is required
for service of the documents |
(ii)
Fee for Issue of a general notice
Fee for incidental charges like
establishment cost, contingencies etc. in case
of lease/alienation of
Government land covering 500
Acre and above
in favour of any Department of of Government
for commercial purposes, in favour of
any company, corporation orother
organization for industrial mining or
commercial purpose and in favour of
any individual for the purpose of industry
mining or , purposes other than agriculture
and homestead. |
|
Rs.
3.00
|
Rs.3.00
( On not more than three
same persons and additional
fee of Re. 1 for every person in excess of three
persons). |
| Rs.
3.00 At the rate of 10 per cent of the market
value of the land |
|
|
| SCHEDULE
IV
(See Rule 5-1)
RULES FOR ALLOTMENT OF GOVERNMENT LANDS IN THE CIV1L TOWNSHIP
OF ROURKELA NOTIFIED AREA |
|
1.
Definition:-In this schedule,
unless there is anything repugnant to the subject
or context;-
(a) "Additional District Magistrate" means
the Revenue Officer who is appointed by State Government
as such with headquarters at Rourkela.
( b) "Authorised Local Representative"
means the officer who is duly authorized by a Head
Department of the State Government or concerned
Ministry of the Union Government, to file requisition
for land within the township and receive in its
behalf.
(c) "Commissioner" means the Revenue Divisional
Commissioner, Northern Division Sambalpur;
(d)
"Committee" means the Land Allotment Committee
constituted under clause 3 of this Schedule;
(e) "Director of Industries" means the
officer appointed as such by the State Government;
(f) "Form" means a form appended to the
Schedule;
(g) "Middle class" means families having
an income exceeding Rs. 8,400 but not exceeding
Rs.30,000 per annum;
(h) "Poor class" means families having
an income ,not exceeding Rs. 8.400 per annum.
(i) "Registered Societies, etc." means
Societies Associations, etc. registered under the
Societies Registration .Act, 1860 or under any other
Act for the time being in force;
(j) "Rourkela Civil Township" means the
area within the limits of the Rourkela Civil Notified
Area;
(k) "Director, Town Planning, Orissa"
means the officer appointed as such by State Government;
(m) "Year" means the financial year. |
2.
Earmarking of plots to be settled on application
and through public auction:- The
Regional Improvement Trust, Rourkela shall, in consultation
with the [Director, Town Planning, Orissa]
(a) divide in accordance with the Master Plan approved
by Government in the Urban Development Department
different areas reserved for different purposes
in the said plan into plots of suitable size; and
(b) Earmark the plots, except those reserved for
use by Government Departments for allotment on application
from private individuals, institutions, Societies
of local bodies and for settlement in public auction;
Provided that the plots to be settled on application
shall not be more than two-thirds of the total number
of plots earmarked for settlement on application
and public auction:
Provided further that the area of the plots to be
settled on application shall be one-third of the
area of the plots earmarked for settlement in public
auction;
Provided further that no family should be allotted
more than one plot either on application or through
public auction. |
3.
Principles to be followed - In
the matter of allotment of land on application the
following principles shall be observed, namely :-
(a) There shall be a Land Allotment Committee to
consider and dispose of all applications for allotment
of land received from private individuals, companies,
institutions, societies and local bodies.
(b) 'The Committee shall have five members, namely:-
(i) (i) Commissioner,
(ii) (ii) Collector, Sundergarh,
(iii) (iii) Director, Town Planning, Orissa
(iv) (iv) Director of Industries,
(v) (v) Additional District Magistrate
(c) The Commissioner shall act as the Chairman and
Additional District Magistrate shall act as the
Secretary and Convener of the Committee.
(d) Decision of the Committee shall, subject to
the order of the Government in appeal, be final.
(e) Applications for allotment of land shall be
taken up by the Committee which shall meet at least
once in every quarter of a year.
(t) All applications duly received in response to
the notice issued under sub-clause (1) of clause
4 shall be considered in one batch at a time and
application received after the date fixed in the
said notice shall be considered in the next quarter
along with other applications duly received during
that quarter.
g) In the matter of allotment the applicants shall
receive priorities in the following order .
(i) Applicants who are displaced due to acquisition
of land in connection with the establishment of
the Steel Plant and Township at Rourkela and have
no lands in the (Rourkela Civil Township or Rourkela
Steel Township) for the purpose, applied for;
(ii) Industrialists who have set up small or medium
industries in the (Rourkela Civil Township or Rourkela
Steel Township) and do not posses any land or building
I n the said township for the purpose applied to:
(iii) Persons belonging to the poor class or middle
class of Sundergarh District who have no lands in
the (Rourkela Civil Township or Rourkela Steel Township)
for the purpose applied for;
(iv) Registered societies, etc. and .permanent residents
of the State who belong to the poor class or middle
class and have no lands in (Rourkela Civil Township
or Rourkela Steel Township) for the purpose applied
for ;
.
(v) Other applicants who belong to the poor class
or middle class who have no lands in (Rourkela Civil
Township or Rourkela Steel Township) for the purpose
applied for;
(h) Allotment for residential purpose shall not
exceed one-tenth of an acre in extent in any individual
case. For other purpose not more than one plot as
delimited in the approved Master plan shall be ordinarily
allotted.
(i) Anyone allotted land on application shall be
required to pay a premium as fixed from time to
time by the Collector, with the approval of the
Commissioner. In addition, he shall be required
to pay annual rent at the rate of one per cent of
the premium.
(j) All allotments of !and to be made on application
shall be by way of lease and the lessee shall be
required to execute lease deeds in Form No. I and
get them registered at his own cost.
(Provided that the Government may exempt or reduce
the premium payable in any case or class of cases
for settlement of land). |
4.
Filing of Applications -
(1 ) In each quarters of the year the Additional
District Magistrate, shall invite applications for
allotment of lands by publishing a notice in the
Official Gazette, in the newspapers having wide
circulation in the locality and in the notice boards
of his office, Office of the Collector, Sundergarh
and other Revenue offices in the district.
(2) Applications shall be made in the form obtainable
from the Regional Improvement Trust or the Additional
District Magistrate, on payment of a sum of rupees
ten or any other sum as may be notified by Government
from time to time.
(3) The notice inviting applications shall specify
clearly the details required to be furnished by
the applicant, the amount of court fee to be affixed,
the authority before which and the date on or before,
which the application to be filed which date shall
not be less than thirty days from the date of issue
of the notice.
(4) On expiry of the last date fixed for filing
of applications, all applications so received shall
be scrutinized and entered in a register arranged
according to the purpose for which the land is required,
and numbered serially for each purpose. |
(5)
Enquiry into the applications-
The Additional District Magistrate shall enquire
either himself or through any of his Subordinate
Revenue Officer into the contents of the applications
and about such other matters as are relevant to
the question of allotment of. land and draw up lists
of allottees for different purposes whom he considers
most deserving and put up before the Committee constituted
for the purpose within a period of thirty days from
the last date of receipt of applications. |
(6)
Consideration by the Committee -
( 1) The Committee shall
consider the application of persons recommended
by the Additional District Magistrate along with
those not recommended and after such enquiries as
they may consider necessary, draw up final lists
of allottees for different purposes within a period
of fifteen days from the date of consideration.
(2) While considering the lists under sub-clause
(1) the Committee shall abide by the principles
enumerated in clause 3. |
(7)
Publication of the final lists of allottees -
The final list of allottees drawn up by the Committee
shall, as soon as possible, be published by the
Additional District Magistrate in the notice-board
of his office, of the offices of the Commissioner,
Collector, Sundergarh, Sub-divisional Officer, Panposh
and Tahasildar, Panposh. |
(8)
Sanction of lease -
( 1) After expiry of the appeal period the Additional
District Magistrate, Rourkela shall issue orders
sanctioning the leases and calling upon the applicants
in whose favour allotments have been finally made
to deposit the amount of premium payable, execute
the lease deed in the prescribed form by a specified
date.
Provided that no sanction order shall be issued
in cases regarding which appeals have been filed
till the appeals are disposed of.
(2) Validity of the sanction order - Allotments
unless altered in appeal or where appeals are pending
shall remain valid for a period of ninety days from
the date of issue of the sanction order. The Additional
District Magistrate, may, however, extend the period
of validity after duly recording reasons therefore
by not more than thirty days.
(3) Failure, of the allottee to deposit the premium,
due and register the lease deed after execution,
within a period of ninety days from the date of
sanction of lease or in case of extension, within
period so extended under sub-clause (2 ), shall
entail forfeiture of the claim of the allot tees
to the land allotted. |
9.
Appeal -
(1) An appeal against the order of the Committee
if presented within thirty days from the date of
publication of the list of allottees under clause
(7) shall lie to Government in the Revenue Department.
(2) The petition of appeal shall bear court-fee
stamps worth rupees two and paise sixty only or
as may be notified by Government from time to time
and state the grounds of appeal clearly and shall
be filed before the Additional District Magistrate.
(3) On receipt of the petition of appeal, the Additional
District Magistrate shall acknowledge it and within
a week of the expiry of the appeal period, forward
it along with all relevant papers to the Secretary
to Government in the Revenue Department giving his
comments if any.
(4) Orders of Government on the petition of appeal
shall be final and ordinarily be communicated to
the Additional District Magistrate within four months
from the date of receipt of the appeal petitions.
(5) On receipt of orders from Government, the Additional
Magistrate shall intimate the decision of Government
to the applicant and where necessary issue orders
sanctioning lease which shall be deemed to have
passed under Sub-clause (1) of clause 8 for all
purposes. |
10.
Principles to be observed for allotment of land
through public auction -
Plots earmarked for allotment through public auction
shall not be disposed of otherwise without specific
orders of Government in the Revenue Department.
|
|
11.
Eligibility for participating in the auction sale
-
Any person who is a citizen of lndia will be eligible
for participation in the auction sale. |
|
12.
Entitlement to plots -
Successful bidders in whose favour the sale is confirmed
shall, subject to the decision in appeal, if any,
be entitled to the grant of the lease of the plots
auctioned. |
13.
Annual rent payable in addition to the bid amount-
Bidders in whose favour the leases are sanctioned
shall be required to pay, in addition to the bid
amount, an annual rent equivalent to one per cent
of the premium realized for the plot. |
14.
Notice for auction sale -
(1) In each quarter of the year the Additional Distrct
Magistrate, shall issue a notice starting among
other things, the date on which and the time and
place at which plots available for allotment for
different purposes will be put to public auction.
(2). The date of auction to be fixed shall not be
less than thirty days from the date of issue of
the notice.
(3) The notice shall be published in the notice
boards of all Revenue Offices in the district of
Sundergarh, in the Official Gazette and in news
papers having wide circulation in the locality. |
15.
Presiding Officer for the auction sale -
(1) The Collector, Sundergarh shall preside over
the auction sale.
(2) Earnest money - Every eligible person intending
to participate in the auction sale shall be required
to deposit an earnest money with the Additional
District Magistrate on the appointed day of auction
sale and before the auctions are started a sum calculated
at the rate of five hundred rupees per decimal of
the acre of the plot for which auction is to be
held.
(3) Decisions of the Presiding Officer regarding
the priority of Plot , the number of plots whether
single or otherwise, etc., to be put to auction
shall be final. |
16.
Successful bidder to furnish an undertaking:-
The successful bidder on completion of the bid shall
forthwith deposit with the Additional District Magistrate
twenty-five per cent of the bid knocked down in
his favour and furnish an undertaking on plain paper
to the effect that he shall deposit the balance
amount within thirty days from the date of issue
of orders sanctioning lease and calling upon him
to pay the amount, unless allowed extension of the
period on application by the Additional District
Magistrate and immediately thereafter execute a
lease deed In Form No. 2 get it registered at his
own cost or in default, to forfeit his claim to
the plot, the earnest money deposited by him and,
in case the plot when put to fresh auction because
of default in payment of the balance amount, execution
of lease deed etc, fetches an amount lower than
the amount earlier fixed in bid for, to pay the
difference within such period as will be a | | | |