Amendment status not verified — confirm the current text below against the official source.
(1) Upon the publication of the notification P O , , elat- issoed under su b-section (1) of section 3, no par ti- ;;:* 3%:; tion of a holdins lying in the consolidation areahold i n l , under section 19 of the Orissa Land Reforms Act, ;~;lr;,~- ~~f;l;;,&t 1960, shall be effected by the Revenue Officer till in, ,,a I. the publication af the notification under section 42 d eter m i n c or sub-section ( I ) of section 5, as the case may be rcnt and cess and d c c t and the Assistant Consolidation Officer and the ;!$;:e% Consolidation Officer shall, in addition to the powers aades. vested in them unter this Act, have pokers to effect partition of joint holdings on application of- any party interesfed not withstanding anything -to the contraty contained in any other law for the time being in.force: . . . . ( Scc. 7-conid. ) I[ Provided that a partition on t j ~ c basis of speci- fic parceIs of and may, on an app1ic;:tion made in that cehalf, be effected- (0) where all the concerned land-owners agree, by fhe Assistant Consolidation Officer or the Consolidation Officer, and ; ( b ) where all the concerned fand-owriers do not agree, by the Consolidation Officer : Provided further that except where a11 the co- cerned land-owners agrce, a partition on the basis of specific parcels of land shall not be effected without giving the parties concerned a reasonable opportunity , of being heard. ] (2) The Assistant Consolidation Officer and the Coqsolidation Officer shall have powers while dis- posing of objections under sections 10 and 1 I to entertain requests for amalgamation of holdings of Tikt: tenure on such terms as may be agreed to by the concerned land-owners and to pass orders effec- ting such amalgamation. '[(3) The Assist ant Consolidation Officer and the Consolidation Officer sball, notwith - standing anything contained in any other law for the time being in for=, but subject to the rules made in this behalf, have power , to settle the fair and equitable rent and coss "' payable in rospect of any land in awordance with the- provisions hereinafter containqd., (3-a) Where the land is used for agriculture,'such : 'sattlem.mt. shall b made. having regard to- . ., (i) the average price of crops diiiing the pre- ceding ten years othw than the years which the Government may notify to be or to have been either famine years or abnor- mal years in respect of any local areas ; (ii) the crop or crops normally gro,wn on . ,. ' , . such land ; a . ' - . , . > . (iii) the situation of the land and the nature of . . . , the soiI; and ..: . . . . . . . . . - , . (ivj'the maximum rent assessed on land of - r 8 - ,+-.; : . , . . - , . similar quality and prodkctivi ty elsewbere . . .. . in the State : . - --- - i; Substitufed by thc Orissu Consolktkn of Holdings and ptcue~tiort:oI F4wq-@mtlonlhnd (Amcudmat) Act, 1979 (Or. Act 31 of 19791, s. 5. with - from, the 23rd May 1979. ' - 2; substiiuted by the Orissa Consolidation of Holdings a ~ d Prtvcntioa of Fmmcntation of h n d (Amendment) Act, 1976 (Or. Act 1.5. of197QAp.; m, Am, 1972 (Sec. 7-contd.) Provided that while considering the situation QX t,he land and the nature of the soil, the saidQEcer shall take the follo-wing factors into consideration:- (a) availability of irrigation facilities, ; (b) salinity of the soil ; fc) susceptibility to aoods and deposit of stilt ; (d). general fertility of the 1.wd -; aqd (e) such other factors as may begresc&& . Expldiz.~lion-For the purposes &.is sub-s eption,- (a) ,''agriculture" includes raising of craps, grass or garden produce, horticultme or use of land as pasture or forest .tw.fm any other puxpose ancillary to Wwlture other than residential purp,ose; (b) tho cuItivable wasto land of a tenant shall be deemed to be land used for agriculture; and (c) .the crop ot crops which could have ,been p w n in any land rofhed to in t b e . p ~ a - ding clause or in any land which .is a ~ d .for any purpose ancillary to agricdtuw shall be demcd to be the,qrop OX crops norm?.lIy grown on such land. (3-b) Where the settlem~xlt of fair .wd equita& rent and cess-is to be made in. respect of any land used ,for )any' PUFPOS 0th er thamamiculiure muding all kinds of homestead lands h urban and rum1 atreas of the State, such settlemenf. shall be made having .rega~d to- (8) ihe situation of the land; (b) purpose for which it is used; communication and marketing facilities; and (d) market value of the land. (3-,) The rates of rent and cess so fixed shall be deemed to be the rent and cess payable for the land : Provided that Government' may, subject to such conditions as they may impose, direct remission rduction of the fair and equitable mnt so fixed ig 190-73(a) Iawl respect of any land which is owned by any religious or charitable inslitution of a public nature and is utilised for the promotion of education, health, culture, fine ar is sports or games or for social wel- fare and the cess paynble in rcspect of the land shall be remitted or reduced accordingly: Provided further that no such settlement of rent or cess shaI1 be made in respect of any land the rent whereof has been settled after the 3 1 st day of December 1950. (4) Wotwithsranding anything contained in any other law for the time being in force, the Director of Consolidation shall have power to effect changes in the boundary of an existing village and to constitute a new village: . - '[ Provided that the Director of Consolida~ion shall, if he deems it necessary for the purpose of this sub-section, be competent to effect changes in the boundary ,of a villa@ situated outside the consoli- dation area. ] Preparation . . 8. (I) After publication of the notification under 0fstatemcnt sub-section (1) of section 6, t hc Assistant Consoli- of principIes. dation Officer shall, in consultation with the Con- solidation Committee, prepare in respect of each unit under consolidation operations, a statement (hereinafter called the Statement of Principles) setting forth the principles to be followed in carryjng out consolidation operations in the unit. (2) The Statement of Principles shall also contain the following details, namely: - (a) specific areas, as far as they can be deter- mined, to be earmarked for such public purposes and to such extent as may be prescribed ; and (b) the basis on which and the extent to which the land-owners shall coi~rri bute land for pubIic purposes. (3) The Statement of Principles shall be approved by the Consolidation Officer wit11 such modifications as he deems necessary. -1. l~crted by the Orissa Consolidation of Holdings ~d Prevention of Fnsm@tation of Land (Amcndrncnt) Act. 1976 (Or- Act I 5 of 1 ¶6), 5.4 (b). '[(4)Nothi1ig col~tair~sd in t hc Orjssa Goverrlrnent Oris= 33 of 1962. Act Land Settlernc~zt Act, 1962 sl~nll apply to lands requil-ed to he eal-marked for public purposes as afores;:id.