Back
THE ORISSA PREVENTION OF LAND ENCROACHMENT ACT, 1972
THE ORISSA PREVENTION OF LAND ENCROACHMENT ACT, 1972
[Received the assent of the President on the 12th February 1972, first published in an extraordinary issue of, the Orissa Gazette, dated the 16th February 1972]
An act to provide for prevention of unauthorised occupation of lands which are the property of government.
Be it enacted by the Legislature of the State of Orissa in the Twenty-second Year of the Republic of India, as follows:—
1. Short title extent and commencement.
(1) This Act may be called the Orissa Prevention of Land Encroachment Act, 1972.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall be deemed to, have, come into force with effect from the 29th day of October 1954.
2. Property of Government.
Subject to the provision of any law for the time being in-force, the following classes of lands are hereby declared to be the property of Government for the purposes of this Act, namely:-
(a) all public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark and of rivers, streams, nalas, lakes and tanks and all canals and water courses and all standing and flowing water and all lands including temple sites, house sites or backyards wherever situated, save in so far as the same are the property—
(i) of any Ruler of ah Indian State merged with the State of Orissa, Zamindar, Proprietor, Sub-Proprietor, Landlord, (The words and commas “Malguzar, Poligar, Mittadar" omitted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 2 (i) (a)) [ * * ] Jagirdar, (The word and comma "Shortriemadar," omitted by ibid) [ * * ] Inamdar, (The word and comma "Ilaquedar," omitted by ibid) [ * * ] Khorposhdar orany other-tenure holder or any person claiming through or holding under any them; or
(ii) of any person paying shist, kattubadi, jodi poruppu or quit-rent to any of the aforesaid person; or
(iii) of any person holding under raiyatwari tenure or in any way subject to the payment of cess or any other dues direct to Government; or
(iv)of any to after registered holder of land having proprietary rights; or
(v) of any other person holding land under grant from Government otherwise than by way of license; (The word "or" omitted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 2(i)(b)) [ * ]
(Omitted by ibid., S. 2 (i) (c)) * * * *
(b) land-belonging to or vesting in any Local Authority which is used of intended to be used for any-public purpose such as a road, canal, embankment tank or ghat or for the repair or maintenance of such road, canal embankment, tank or ghat;
(c) land acquired finder then provisions of the land Acqsisition Act 1894; or under similar Act for the purposes of any Local Authority, (The words and Comma Railway Company omitted by ibid., S. 2 (ii)) [*] Company owned or controlled by the State Government Statutory Body or Corporation while such land remains as the property of the Local Authority (The words and Comma Railway Company omitted by ibid., S. 2 (ii)) [*] Company owned or controlled by the State Government, Statutory Body or Corporation;
(d) immovable property Claimed by the Rulers of the merged territories but not conceded in their favour; and
(e) land belonging to an establishment or undertaking owned controlled or managed by—
(i) any State Government of a Department of such; Government;
(ii) any company in which not less than fifty one per cent of the share capital is held by one or more State Government; or
(iii) a corporation established by law which is owned controlled any State Government:
Explanation- In this section "high water mark" means the highest point reached- by ordinary springtides at any season of the year.
(Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or Act 4 of 1971), S. 3)
[3. Definition.
In this Act, unless, the context otherwise requires: —
(a) “Collect or means the Chief Officer in charge of the revenue administration of a district and shall include an Additional District Magistrate;
(Inserted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1976 (Or Act 25 of 1976), S. 2)
[(a-1) "landless, person means a person who has no profitable means of live hood other than agriculture, provided that—
(i) he owns no land excluding his homestead; or
(Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1979 (Or Act 25 of 1979), S. 2(a))
[(ii) the total extent of the land (excluding his homestead) owned by him along with the lands owned by all the member of his family who are living with him in common mess, is less than one standard acre;]
(b) "Prescribed” means prescribed by rules made by the State Government under this Act; and
(Inserted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1979 (Or Act 25 of 1976), S. 2(b))
[(b-1)] “standard acre” means a standard acre as defined in the Orissa Land Reforms Act, 1960;]
(c) "Tahasildar" means the Chief Officer in charge of the revenue administration of a tahasil and shall include an Additional Tahasildar.]
4. Levy of assessment on land unauthorised by occupied.
Any person unauthorised occupying any land which is the property to Government shall be liable to pay by way of assessment—
(i) if the land so occupied was at any time assessed to rent, the full assessment for the whole period of occupation or a part thereof proportionate to the area occupied, as the case maybe, provided that for special reasons (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or Act 4 of 1975), S. 4(a)) [the Tahasildar] may impose the full assessment of rent or any lesser sum irrespective of the area occupied; or
(ii) if the land so occupied was not at any time assessed to rent, &n assessment on the area occupied calculated for the same period at the rate imposed on lands of a similar description and with similar advantages in the vicinity or when no such prevailing rate exists, in such manner as may be prescribed (Omitted by ibid., S. 4) [ * * * ]:
(Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1976 (Or Act 4 of 1975), S. 3)
[Provided that where the person unauthorisedly occupying such land is a landless person, the amount payable by him by ways of assessment shall in no case exceed, an amount equal to five times the annual assessment:
Provided further that notwithstanding anything in the Tenancy Law for the time being in force, payment of assessment under this section shall not confer any right to occupancy.]
Explanation— For the purpose of this section occupation for an incomplete portion of an agricultural year may be deemed to be occupation for the whole of such year.
5. Decision as to the amount of shall not be challenged in any Civil Court.
The decision as to the rate or amount of rent assessed under section 4 shall be recorded in writing and shall not be called in question in any Civil Court.
6. Liability of person unauthorisedly occupying lands to penality.
Subject to the provisions of section 9, any person liable to pay assessment under section 4 shall, at the discretion the (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or Act 4 of 1975), S. 5) [the Tahasildar], be liable to pay in addition to the assessment by way of penalty a sum calculated at a rate (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1976 (Or Act 25 of 1976), S. 4(a)) [not exceeding one hundred rupees] per acre of land for each year of unauthorised occupation.
(Added by ibid., S. 4 (b))
[Provided that where the person liable to pay assessment is a landless person, he shall not be liable to pay any penalty under this section].
(Omitted by ibid., S. 4 (b)) [*********]
7. Summary eviction forfeiture and fine.
(1) Any person unauthorisedly occupying land for which he is liable to pay assessment under section 4 shall be summarily evicted by the (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 7 (a)) [Tahasildar] and any crop or other product raised on the land, any encroachments such as a building, other construction or anything deposited thereon shall be liable to forfeiture:
Provided that in the case of said encroachments the (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 7 (a)) [Tahasildar] shall give reasonable notice to remove the same.
(Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 7 (b))
[(Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1976 (Or. Act 25 of 1976), S. 6 (a)) [(2) Notwithstanding anything contained in sub-section (1), where, any land is in the /unauthorised occupation of at landless person the Tahsildar may, instead of evicting such person from the land in his unauthorised occupation, settle the same with him, so, however, that the land so settled with him together with the land (excluding homestead), if any, owned by him and the lands owned by all the member of his family who are living with, him in common mess, shall on no account exceed (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1979 (Or. Act 25 of 1979), S. 6 (a)(i)) [one standard acre]:
Provided that no such settlement shall be made if the land belongs to any of the following categories namely:-
(a) lands recorded as Gochar, Rakhshit or Sarbasadharan in any record of rights prepared under any law;
(b) lands which are—
(i) set apart for 1the common use of villages;
(ii) use as house-site, back-yard or temple-site whether or not recorded as such in the record of rights;
(iii) likely to be required for any development "scheme and are "declared as such by the State Government by a notification, and
(c) lands belonging to an establishment or undertaking owned, controlled or managed by-
(i) any State Government or a Department of such Government;
(ii) any company in which not less than fifty-one per cent of the share capital is held by one or more State Governments; or
(iii) a corporation established by law which is owned, controlled or managed by any State Government:
Provided further that where the land in the unauthorised occupaftion of a person is situate within a Municipality or a Notified area constituted under the Orissa Municipal Act, 1950, not more than one twentieth of an acre shall be settled with such person and that such settlement shall be made only where:—
(a) neither the person nor any member of his family living with him in common mess owns a house or house-site in that Municipality or Notified Area; or
(b) the land, being adjacent to the holding owned by the person, is necessary for the beneficial enjoyment of such holding or for the residential purposes of the person and is not reserved for the purposes of any Government or for any developmental purpose.]
(Deleted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1979 (Or. Ad 25 of 1979), s.3 (a) (ii)) [*********]
(3) If such person fails to remove the encroachment within the time specified in the notice, the (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 7 (a)) [Tahasildar] may, in his discretion, in addition to the order of forfeiture, impose a fine which may extend to fifty rupees and a daily fine of rupees ten until the encroachment has been removed:
(Inserted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1979 (Or. Act 25 of 1979) S. 3 (b))
[Provided that the aggregate of the fines payable under this sub-section shall in no event exceed an amount equal to twice the market value of the encroached laud:
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 this sub-section.]
(4) Forfeitures under this section shall be adjudged by the (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 7 (a)) [Tahasildar] and any property so forfeited shall be disposed of as the (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 7 (a)) [Tahasildar] may direct.
(5) An eviction under this section shall be made by serving a notice in the manner provided in section 9 on the person reported to be in occupation or his agent requiring him within such time as the (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 7 (a)) [Tahasildar] may deem reasonable after receipt of the said notice, to vacate the land and if such notice is not obeyed, by removing or deputing a subordinate officer to remove any person who may refuse to vacate the same.
(6) If the officer removing any such person shall be resisted or obstructed by any person, the (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 7 (a)) [Tahasildar] shall hold a summary inquiry into the facts of the case and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for the arrest of the ?aid person and on his appearance may send him with a warrant in the form appended to Schedule I for imprisonment in the Civil Jail of the District for a period not exceeding thirty days as may be necessary to prevent the continuance of such resistance or obstruction.
8. stay of construction.
The (Substituted by ibid., S. 8) [Tahsildar] may, if he has reasons to believe that any person unauthorisedly occupying any land is constructing or is about to construct any building or other structure thereon, by order, prohibit such person from proceeding with the construction or, as the case may be, from constructing such building or structure during the pendency of any proceeding under this Act and if such person fails to comply with the said order, the (Substituted by ibid., S. 8) [Tahsildar] may impose a fine which may extend to fifty rupees and a daily fine of rupees ten for every day during which such non-compliance continues.
9. prior notice to person in unauthorised occupation.
Before taking proceedings under section 6 or to person in section 7, (Substituted by ibid., S. 9) [the Tahsildar] shall cause to be served on the person reported to be in unauthorised occupation of the property of Government, a notice specifying the land so occupied and calling upon him to show cause before a certain date as to why he should not be proceeded against under section 6 or section 7. Such notice shall be served in such manner as the State Government may, by rules or orders under section 10, direct.
10. Power to make rules.
(1) The State Government may, subject to the condition of previous publication, make rules or orders either generally or in any particular instance —
(a) regulating the rates of assessment leviable under section 4;
(b) regulating the imposition of penalties under section 6; and
(c) regulating the service of notice under this Act.
(2) All rules made under this section shall, as soon as may be after they are made be laid before the State Legislature for a total period of fourteen days which may be comprised in one session or two or more successive sessions and if during the Said period the State Legislature makes modifications, if any, therein, the rules shall thereafter have effect only in Such modified form ; so, however, that such modifications shall be without prejudice to the validity of anything previously done under the rules.
11. Recovery of assessment and penalty as a public demand.
The amount of fine, assessment or penalty, imposed under this Act on any person unauthorisedly occupying any land shall be recoverable from him as arrears of public demand.
(Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 10)
[12. Appeal and Revision.
(1) An appeal from any decision or order made under this Act by the Tahsildar shall lie to the Sub-divisional Officer.
(2) The Collector may revise a decision or order made by a Sub-divisional Officer under sub-section (1).
(3) The Board of Revenue may call for and examine the records of any proceedings under this Act before any officer in which no appeal or revision lies and if such officer appears—
(a) to have exercised a jurisdiction not vested in him by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) while acting in the exercise of his jurisdiction, to have contravened some express provision of law affecting the decision on the merits, where such contravention has resulted 'in serious miscarriage of justice, it may, after giving the parties concerned a reasonable opportunity of being heard, pass such order as it deems fit.
(4) Pending the disposal of any appeal or revision, the Sub-divisional Officer, the Collector or the Board of Revenue, as the case may be, may stay the execution of the decision or order appealed against or sought to be revised.]
13. Limitation.
(1) No proceeding under sections 4, 6, 7 or 8 shall be instituted against any person after expiry of thirty years from the date of commencement of the unauthorised occupation to which the proceeding relates.
(2) No appeal shall be brought after the expiry of thirty days from the date of the decision or order complained of and in computing the said period of thirty days, the time required to obtain a copy of the decision or order appealed against shall be excluded:
Provided that an appeal may be admitted after the aforesaid period if the appeallant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
14. Document accompanying memorandum of appeal.
Every memorandum of appeal shall be accompanied by the decision or order appealed against or by an authenticated copy of the same.
15. Delegation of power and duties of Collector, Sub-divisional Officer, Deputy Collector and Sub-Deputy Collector.
The State Government may, by order, direct that any power, duties or functions conferred or imposed on a (Substituted by the Orissa Prevention of Land Encroachment (Amendment) Act, 1974 (Or. Act 4 of 1975), S. 11) [Collector or Sub-divisional Officer] shall in such circumstances and under such conditions, if any, as may be specified in that order, be exercised or discharged by such other officer or authority as may be specified in that order.
16. Bar of suits and proceedings.
No suit or other legal proceeding in respect of the matters or disputes for determining or deciding which provision is made in this Act shall be instituted in any Court of law except under and in conformity with the provisions of this Act.
17. protection of action to under this Act.
No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done 0r intended to be done in pursuance of this Act.
18. Repeal and savings.
(1) The enactments mentioned in Schedule II are repealed to the extent specified in column 4 thereof.
(2) All things done, liabilities incurred, amounts assessed or penalty or fine imposed, enquiries held, notices served, warrants issued, eviction ordered, forfeiture adjudged under any of the enactments hereby repealed shall, so far as may be, be deemed to have been respectively done, incurred, assessed, imposed, held, served, issued, ordered, adjudged and made under this Act.
(3) All rules made under the Orissa Prevention Orissa of Land Encroachment Act, 1954 shall be deemed to of have been made under this Act.
(4) Notwithstanding any judgment or order of any Court, all proceedings, whether original, appellate or by way of revision, started under the Orissa Prevention of Land Encroachment Act, which have been dismissed on or after the 12th November 1969 merely on the ground that provisions contained in that Act were void, shall be restored to the file of the respective authorities who had dismissed the proceedings and shall be proceeded with and disposed of in accordance with the provisions contained in this Act as if they had never been so dismissed.
19. Repeat of Orissa Ordinance No. 7 of 1971.
(1) The Orissa Prevention of Land Encroachment Ordinance, 1971, is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
SCHEDULE I
Section 7 (6)
Form of warrant to be issued by the '[Tahsildar] under section 7.
Seal
To
The Officer-in-charge of the Civil Jail at................................................
Whereas A, B of........................................ has resisted or obstructed C, D in removing E, F (or himself, that is, the said A, B,) from certain land in the village of ... .................... in the........................ mouza and whereas it is necessary in order to prevent the continuance of such resistance or obstruction to commit the said A, B to close custody ; you are hereby required under the provisions of section 7 of the Orissa Prevention of Land Encroachment Act, 1972 to receive the said A, B into the Jail under your charge and there to keep him in safe custody for............................. days.
Dated this........................... day of (Signature of '[Tahsildar])
SCHEDULE II
Section 18
|
Year (1) |
Number (2) |
Short-title (3) |
Extent of repeal (4) |
|
1905 (Madras) |
III |
The Madras LandEncroachment Act. |
Whole |
|
1907 (C.P.) |
II |
The Central Provinces Land Revenue Act. |
Sections 217 and 219 |
|
1936 |
V |
The Angul Laws Regulation. |
The entry “1947 XXXIII. The Orissa Laud Encroachment Act, 1947" in Part VI of the Schedule. |
|
1947 |
XXXIII |
The Orissa Land Encroachment Act. |
Whole |
|
1950 |
IV |
The Orissa Marged States (Laws) Act. |
The entry "1947 XXXIII The Orissa Land Encroachment Act, 1947" in the Schedule. |
|
1954 |
XV |
The Orissa Prevention of Land Encroachment Act. |
Whole |
