THE ORISSA AGRICULTURAL YEAR ACT, 1963
Orissa Act 24 of 1963
[Received the assent of the Governor on the 11th October 1963, first published in an extraordinary issue of the Orissa Gazette, dated the 19th November 1963]
An Act to prescribe an Uniform Agricultural year for the State of Orissa.
Be it enacted by the legislature of the State of Orissa in the Fourteenth Year of the Republic of India, as follows:—
1. Short title, extent and commencement.
(1) This Act may be called the Orissa Agricultural Year Act, 1963.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may, by notification, appoint in that behalf.
2. The Agricultural year and its commencement.
It is hereby declared that with effect from the date of commencement of this Act—
(?) the year commencing on the first day of April shall be the agricultural year, anything in any law to the contrary notwithstanding;
(b) all references in any law to a fasli year, amli year or revenue year or any other agricultural year, howsoever defined, designated or locally known, and all such references, in the absence of an intention to the contrary, in any contract, deed or instrument shall be construed as references to the year specified in clause (a).
Explanation— "Law” includes any rule, order, notification, practice, custom and usage having the force of law.
(Inserted by the Orissa Agricultural Year (Amendment) Act, 1964 (Or. Act 16 of 1964), S. 2)
[3. Payment of land revenue and rent in instalment.
Notwithstanding anything contained in any other law, and in the absence of any contract in writing to the contrary—
(i) all land revenue in respect of any land payable during the agricultural year specified in clause (a) of section 2 and all rent payable during the said year in respect of any land held for agricultural purposes shall—
(ii) if payable in cash, be paid in two instalments falling due on the fifteenth day of December and the first day of March respectively of the said year:
Provided that not less than one-third of such land revenue or such rent, as the case may be, shall be paid on or before the date on which the first instalment falls due;
(ii) if payable in kind otherwise than in produce be paid in one instalment falling due on the first day of March of the said year;
(iii) if payable in produce, be paid in one instalment falling due on the last day of the month immediately following the month during which the crop is harvested of the said year;
(2) on any default being made in payment of land revenue or rent on the date or dates specified in clause (1) such land revenue or rent or as the case may be, such portion thereof to which the default relates shall carry simple interest at the rate of six per centum per annum from the date of default.
Explanation— "Law" has the same meaning as in section 2; and "interest" where land revenue or rent is payable in kind means the interest reckoned on the basis of the prevailing market value.]
(Re-numbered by the Orissa Agricultural Year (Amendment) Act 1964 (Or. Act 16 of 1964), S. 3)
[4. Adjustment of rights and liabilities.
(1) Nothing contained in section 2 (Inserted by ibid., S. 3 (i))[or section 3] shall be deemed to prejudice any rights and liabilities subsisting on the date of commencement of this Act.
(2) Subject to the provisions of sub-section (1) the aforesaid rights and liabilities in so far as they concern the State Government and relate to a period subsequent to the date aforesaid, shall in accordance with any general or special order made by the State Government or, subject to their control, by any officer or authority empowered in that behalf, be liable to be adjusted and given effect to (Substituted by ibid., S. 3 (ii))[as if the provisions of this Act applied] in respect of such fights and liabilities.
(Re-numbered by the Orissa Agricultural Year (Amendment Act, 1964 (Or. Act 16 of 1994), S. 4)
[5. Removal of difficulties.
If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from 5[any law over-ridden by this Act to the provisions of this Act], the State Government may by general or special order, do anything not inconsistent with such provisions which appears to be necessary or expedient for the purpose for removing the difficulty.
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