THE ORISSA PREVENTION OF LAND ENCROACHMENT (AMENDMENT) ACT, 1979
[Received the assent of the Governor on the 13th October 1979, first published in an extraordinary issue of the Orissa Gazette, dated the 17th October 1979]
An Act to Amend the Orissa Prevention of Land Encroachment Act, 1972
BE it enacted by the Legislature of the State of Orissa in the Thirtieth Year of the Republic of India, a follows:-
Short title
1. This Act may be called the Orissa Prevention of Land Encroachment (Amendment) Act, 1979.
Amendment of section 3.
Orissa Act 6 of 1972
2. In section 3 of the Orissa Prevention of Land Encroachment Act, 1972 (hereinafter referred to as the principal Act),-
(a) in clause (a-1), for sub-clause (ii), the following sub-clause shall be substituted, namely:-
“(ii) the total extent of the land (excluding his homestead) owned by him along with the lands owned by all the members of his family who are living with him in common mess, is less than one standard ace,”;
(b) after clause (b), the following new clause shall be inserted, namely:-
“(b-1) “standard acre” means a standard ace as defined in the Orissa Land Reforms Act, 196;”.
Amendment of section 7.
3. In section 7 f the principal Act,-
(a) in sub-section 2,-
(i) for the words “two aces”, the words “one standard acre” shall be substituted;
(ii) the Explanation shall be deleted;
(b) after sub-section (3), the following provisos shall be inserted, namely:-
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For the Bill See Orissa Gazette, Extraordinary, dated the 12th September 1979 (No. 1733)
Came into force, with effect from the 17th October 1979
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“Provided that the aggregate of the fines payable under the sub-section shall in no event exceed an amount equal to twice the market value of the encroached land:
Provided further that subject to such conditions as may be prescribed, the Collector may, in suitable cases, either reduce or remit the amount payable by way of fine under the-sub-section.”.
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