Notification
No. 59406-GE-(GL)-E-31/85-R. E., dated 9th October, 1985-Whereas
the draft of the Orissa Prevention of Land Encroachment Rules,
1983 was published as required by Sub-section (1) of Section
10 of the Orissa Prevention of Land Encroachment Act, 1972 (Orissa
Act 6 of 1972), in the Extraordinary issue No. 1590 of the Orissa
Gazette, dated the 2nd December, 1983 as SRO No. 515/83 under
the Notification of the Government of Orissa in the Revenue
Department No. 54986-GE-(GL)-R-2-83 R., dated the 24th August,
1983 inviting objections and suggestions from all persons likely
to be affected thereby till the expiry of a period of thirty
days from the date of publication of the said Notification in
the Official Gazette;
And whereas the objections and suggestions received in respect
of the said draft before the expiry of the said period have
been considered by the State Government;
Now, therefore, in exercise of the powers conferred by Sub-section
(1) of Section 10 of the said Act, the State Government do hereby
make
the following rules, namely:
1. Short title and commencement-
(1) These rules may be called the Orissa Prevention of the Land
Encroachment Rules, 1985.
(2) They shall come into force on the date of their publication
in the Official Gazette.
2. Definitions-
In these rules unless the context otherwise requires-
(a) "Act" means the Orissa
Prevention of Land Encroachment
Act, 1972;
(b) "encroacher" means
a person who unauthorisedly-
(i) occupies any land as defined under Clause (d) ; or
(Ii) obstructs by dumping earth or any other materials, rubbish
or filth on it ; or
(iii) puts any fence around it ; or
(iv) takes up any construction or cultivation on it ;
(c) "Form" means a Form
appended to these rules;
(d) "land" means any
land declared to be the property of Government under Section
2 :
(e) "Revenue Inspector"
means the Officer-in-charge of a Revenue Circle under a Tahasil
;
(f) "section" means a
section of the Act ;
(g) "Urban Area" means
the area constituted into a Municipality or Notified Area under
the Orissa Municipal Act,1950 ;
(h) words and expressions used in these rules and not specifically
defined therein shall have the same meaning as are respectively
assigned to them in the Act.
3. Detection of encroachments and initiation
of proceeding -
(1) The Revenue Inspector shall report the cases of unauthorized
occupation of land to the Tahasildar and the details of such
occupation shall be reduced to writing in Form 'G'. Within fifteen
days of the close of each financial year the Revenue Inspector
shall send a certificate to the Tahasildar that except the encroachment
already reported there is no further encroachment in his area
:
Provided that nothing herein shall prohibit the Tahasildar to
start a proceeding on his own motion or on an information received
from any other source.
(2) On receipt of such report from the Revenue Inspector or
on information received otherwise the Tahasildar shall cause
to enter the details chronologically in the register in Form
'H' and initiate proceeding under the provisions of the Act.
4. Assessment under Section 4-
When land unauthorisedly occupied by any person is required
to be assessed to rent under the provisions of Clause (ii) of
Section 4 and if no such prevailing rate exists as referred
to in the said clause, it shall be assessed as nearly, as possible
in accordance with the provisions of Section 4 of Orissa Survey
and Settlement Act, 1958 (Orissa Act 3 of 1959) for fixation
of fair and equitable rent.
5. Conditions for reduction or remission of the amount of assessment,
penalty or fine-
Passing an order of remission or reduction of the amount payable
by way of assessment or penalty, under Section 6-A, or of fine
under Sub-section (3) of Section 7, by the Collector shall be
subject to the following conditions, namely:
(i) the Tahasildar shall enquiry in detail regarding the movable
and immovable properties of the encroacher and submit details
thereof to the Sub-Divisional Officer along with the case records.
If the encroacher is a landless person no penalty shall be levied
on him. If the extent of land owned by any landless person does
not exceed 0.25 standard acre, the Collector may either reduce
or remit the amount of assessment payable under Section 4, or
fine under Sub-section (3) of Section 7 to such an extent as
he considers necessary:
Provided that in other cases if the encroacher is a member of
the Scheduled Caste or Scheduled Tribe, the Collector may in
suitable cases reduce or remit the penalty or fine such extent
as he considers necessary;
(ii) if encroachment has been made by the same person in more
than one place, the encroacher may be allowed remission or reduction
of assessment, penalty or fine only in respect of such land
as would be legitimately settled in his favour under Section
7 ;
(iii) in the order sheet of the case record in which assessment,
penalty or fine, as the case may be, has been proposed to be
reduced or remitted, the Tahasildar shall record a clear report
as to whether the encroacher is-landless. The extent of land,
if any, possessed by him, if he belongs to Scheduled Caste /Scheduled
Tribe and whether he has means to pay the assessment, penalty
or fine, any certificate in the case was filed and why the same
is not recoverable. The said case record shall be submitted
through the Sub-divisional Officer to the Collector who shall
pass appropriate order to remit or reduce the assessment, penalty
or fine, as the case may be, in the said case record;
(iv) if the encroacher has re-encroached after eviction, no
such reduction or remission shall be allowed.
6. Forms and manner of service of notice/order
under Sections 4, 6, 7 and 8-
(1) Notice shall be issued in Form 'A' before taking any action
under Sections 4 and 6 and in From 'B' before taking any action
under the proviso to Sub-section (1) of Section 7. They shall
be served in the same manner as revenue processes are served
and a copy shall be delivered to the occupier of the land or
to any adult male member or his family at his usual place of
residence or to his authorised agent or by affixing a copy thereof
to some conspicuous part of his last known residence and of
the land in unauthorised occupation, in the presence of two
persons when the notice could not be served on the encroacher,
his agent or any adult member of his family.
(2) An order under Section 8 shall be in Form 'C' and shall
be served in the same manner as laid down in Sub-rule (1) and
shall also be proclaimed by beat of drum in the locality in
which the land is situated in the presence of not less than
two persons. If the village is uninhabited, the notice shall
be published in the aforesaid manner in the nearest inhabited
village. A copy of the order shall be published by affixing
it in the notice board of the Tahasil office and another copy
sent to the Grama Panchayat, Notified Area Council, Municipality,
Special Planning Authority or Development Authority, as the
case may be, under which the land situates.
7. Objections as to liability for proceedings
under the Act and the manner of their disposal -
lf on receipt of notice in Form 'A' any person pleads that he
is not liable for being proceeded under the Act, the officer
conducting the proceeding shall make a summary enquiry and determine
the liability of the person for the whole or any part of the
land unauthorisedly occupied for which notice was issued to
him and may confirm, modify or drop the proceedings, as may
be necessary:
Provided that he shall not modify or drop any proceeding in
case where he is required to refer the case to the Sub-divisional
Officer under the second proviso to Sub-section (2) of Section
7 or Section 8- A.
8. When eviction to be effected -
No eviction shall be effected after sunset and before sunrise.
The officer to be deputed under Sub-section (5) of Section 7
to effect eviction shall not be a person below the rank of a
Revenue Inspector.
9. Warrant for the arrest -
A
warrant for the arrest of a person under Sub-section (6) of
Section 7 or Section 8 shall be issued by the Tahasildar in
Form 'D'.
10. Manner of execution of warrants of
arrest-
A warrant of arrest under Sub-section (6) of Section 7 or Section
8 shall be I executed by the Officer-in-charge of the police-station
within whose jurisdiction the person to be arrested ordinarily
resides.
11. Order of forfeiture and its execution-
(1) When an order of forfeiture is passed by the Tahasildar
under Sub-section (1) of Section 7, he shall -
(a) if the property is movable, make arrangement for taking
immediate possession thereof ; or
(b) if the property is immovable, issue an order of attachment;
or
(c) if the property is perishab1e in nature order immediate
sale thereof and order the sale proceeds to be credited into
the treasury.
(2) The order of attachment shall be served on the encroacher
in the same manner as the notice under Sub-rule (1) of Rule
6 and copies of the order shall be affixed at a conspicuous
place in the village or ward of the urban area, as the case
may be, and on the land which is the subject-matter of the proceeding.
12. Third party claims to properties seized or attached -
If any person other than the encroacher puts forward claims
to the property within one month from the date of its seizure
or attachment, the Tahasildar shall make a summary enquiry and
may confirm, modify or cancel his order, if necessary.
13. Final disposal of property forfeited-
When an order of forfeiture is confirmed after making enquiry
under Rule 12, the Tahasildar shall sell the property in public
auction and credit the sale proceeds into the treasury:
Provided that no order for final disposal of the property or
its sale proceeds shall be passed until the period of appeal
or revision as provided under Section 12 expires or if an appeal
or revision is preferred within the said period until the appeal
or revision is disposed of.
14. Declaration of land likely to be required for any development
scheme under Section 7 -
(1) Whenever it appears to the State Government that any land
is likely to be required for any development scheme they may
publish a notification in the Official Gazette declaring the
area as required for such purpose.
(2) Such publication shall be conclusive evidence of the fact
that the land is likely to be required for a development scheme
for the purpose of Sub-clause (iii) of Clause (b) of the first
proviso to Sub- section (2) of Section 7.
(3) On issue of such a notification, the Tahasildar shall record
the lands mentioned in the said notification in a register prescribed
in Form 'I' and also in the remarks column of the copy of the
record-of- rights of the concerned village against the plot
so required.
15. Manner of settlement of encroached
land under Section 7-
(1) Before the Tahasildar proceeds with the settlement of unauthorisedly
occupied land under Sub-section (2) of Section 7 for agricultural
or for home-stead purposes, he shall publish a proclamation
in Form 'J' inviting objections, if any, fixing a date for hearing
of objections.
(2) Such proclamation shall be published by beat of drum and
by affixing a copy of the same at a conspicuous place in the
village in which the land is situated in the presence of not
less than two persons. If the village is uninhabited, the notice
shall be published in the aforesaid manner in the nearest inhabited
village. A copy of the proclamation shall be published by affixing
in the Notice Board Tahasil office and a copy thereof shall
also be sent to the Grama Panchayat, Notified Area Council/Municipality/Special
Planning Authority, or the Development Authority, as the case
may be, under which the land is situated.
(3) On expiry of a period or fifteen days from the date of publication
of the proclamation In the village and after hearing the objection,
if any, and after conducting such enquiry as he may consider
necessary the Tahasildar shall record a finding stating whether
the land can be settled in favour of the encroacher under the
Act. If the Tahasildar comes to a finding that the land cannot
be settled or the encroacher is not entitled to settlement he
shall proceed to evict the encroacher as prescribed under the
Act.
(4) If the Tahasildar comes to a finding that the land can be
settled or the encroacher is entitled to settlement under the
Act, he shall make an order granting such settlement and issue
an intimation slip in Form 'F' in the name of the person concerned
and shall cause correction of the record- of-rights in his office
and in the office of the Revenue Inspector as well.
(5) If the encroached land is situated within an urban area
the Tahasildar shall record his finding in the case record and
on being satisfied that there is no prima facie objection, he
shall direct the encroacher to file an affidavit in Form 'E'
if not already filed, to the effect that neither he nor any
member of his/her family living with him in common mess owns
a house or house-site anywhere in the State except in respect
of the land required for beneficial enjoyment of a holding as
mentioned under Sub-clause (ii) of Clause (b) of the second
proviso to Sub-section (2) of Section 7. Thereafter he shall
send the case record to the concerned Sub-divisional Officer,
who shall on receipt of the same, order the encroacher to pay
the assessment/penalty and fine, if any, already levied or imposed
by the Tahasildar and shall determine the market value which
shall be the same as has been fixed for the urban area under
Rule 8 of the Orissa Government Land Settlement Rules, 1983
:
Provided that Government may direct a lower market value to
be paid by a specified class of persons.
(6) Thereafter, the Sub-divisional Officer shall order settlement
of the land and send the case record to the Collector of the
district for confirmation.
(7) If the Collector is satisfied on scrutiny of the case record
that the procedure prescribed under the Act and these rules
has been observed he shall confirm the order of the settlement
passed by the Sub-divisional Officer in the same case record.
If he is not satisfied about the procedure followed or he considers
that the land cannot be settled or the encroacher is not entitled
to settlement under the Act, he shall send back the case record
to the Tahasildar through the Sub- divisional officer, for effecting
eviction of the encroacher.
(8) In all cases where settlement is granted, the Sub-divisional
Officer shall direct the encroacher to pay the market value
so determined by a date not later than ninety days from the
date of order in one or more installments to be fixed by him.
If the market value is not paid within the period fixed by the
Sub-divisional Officer he shall send back the case record to
the record to the Tahasildar for effecting eviction of the encroachment.
After the market value is paid an intimation slip in Form 'F'
shall be issued by the Tahasildar in the name of the person
with whom the land is settled and ensure demarcation of land
and correction of the record-of-rights in his office and in
the office of Revenue Inspector as well. The land ordered for
settlement under Sub-rules (4) and (7) shall be recorded in
such status as are applicable to the tenure of similar land
in the vicinity for similar purposes under the same terms and
conditions which are applicable to such tenures.
If use of the land is non-agricultural and it is to be recorded
under pattadari or similar other status, the encroacher shall
be required to execute an agreement containing such terms and
conditions as are fixed by the Government for similar lands
in the locality to which the land belongs.
16. Manner of settlement of land encroached
for more than thirty years-
For settlement of land under Section 8-A the onus of proof that
the encroacher has been in actual, continuous and undisputed
occupation of the land for more than thirty years by the date
of institution of the proceeding shall be on the encroacher.
If the Sub- divisional Officer orders settlement of the land
under Sub-section (3) of Section 8-A, he shall fix rent of the
land in the manner prescribed under Rule 4 and shall direct
the person to pay rent for the entire period of occupation subject
to the provisions of limitation prescribed under the Orissa
limitation (Recovery of Revenue) Act, 1964 (Orissa Act 14 of
1964). In case no payment is made within the time fixed by the
Sub- divisional Officer, the order of settlement shall not be
effected.
17. Powers of Board of Revenue to regulate
the administrative procedure -
The Board of Revenue may issue such further instructions which
are not inconsistent with the provisions of the Act and these
rules as it may consider necessary for-
(a) effective implementation of the Act and these rules;
(b) maintenance of all registers and returns essential to carry
out
the purposes of the Act, their preservation and final disposal;and
(c) the budget heads to which the receipts and charges under
the Act shall be credited and debited.
18. Repeal and savings -
The Orissa Prevention of Land Encroachment Rules, 1977 is hereby
repealed:
Provided that anything done or any action taken under the rules
so repealed shall be deemed to have been done or taken under
the provisions of these rules, and those pending on the date
of commencement of rules, shall be done or taken under the provisions
of these rules.
FORM
'A'
Notice under Section 9 of the O. P. L. E. Act, 1972
[(See Rule 6 (1)] |
To
Shri ……………………….
s/o ………………………..
Address:
Whereas it appears that you are in unauthorised occupation of
land as specified in the Schedule below which is the property
of Government, you are hereby given notice to appear before
the undersigned personally or through authorised agent on …………………at
…………………..and show
cause why you should not be proceeded against under Sections
4 and 6 of the Orissa Prevention of Land Encroachment Act, 1972
(Orissa Act 6 of 1972).
Name
of the village, Police Station or Thana and District |
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Entire
extent of the plot as recorded in record-of-rights |
Extent
unauthorisedly occupied |
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Date:
........................... |
Tahasildar |
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FORM 'B'
Notice under Section 9/7 (1) of the O. P.L E. Act, 1972
[See Rule 6 (1)'] |
To
Shri... ……………………son
of.......................
Address:
Whereas after due enquiry the undersigned is satisfied that
you are in unauthorised occupation of the land specified in
the Schedule below, which is the property of Government, you
are hereby given notice to remove the encroachment within thirty
days from the date of receipt of this notice failing which you
will be summarily evicted from the land and any crop or other
product raised on the land or any encroachment such as a building
erected or a thing deposited thereon shall be liable to forfeiture.
Name
of the village, Police Station or Thana and District |
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Entire
extent of the plot as recorded in record-of-rights |
Extent
unauthorisedly occupied |
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Date:
........................... |
Tahasildar |
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FORM
'C'
Order under Section 8 of the O. P. L. E. Act, 1972
[ See Rule 6 (2) ] |
Prohibitory
order against construction or continuance of any building or
structure on any unauthorisedly occupied land
To
Shri........................................ S/o................................
Address:
Whereas the undersigned has reason to believe that you are unauthorisedly
constructing/about to construct a building or other structure
on the land which is the property of Government as defined under
Section 2 of the O. P. L. E. Act, 1972, it is hereby ordered
that you be and you are hereby prohibited from continuing the
said construc- tion/ structure further:
Name
of the village, Police Station or Thana and District |
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Entire
extent of the plot as recorded in record-of-rights |
Extent
unauthorisedly occupied |
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Date:
........................... |
Tahasildar |
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FORM
'D'
[ See Rule 9 )
Form of warrant of arrest to be issued by the Tahasildar |
|
To
The Officer-in-Charge,
Police Station |
|
|
Whereas
Shri ……………………………s/o
of …………………….village/police-station
………………….has resisted/obstructed
the officer deputed to remove him from unauthorized occupation
of Government land in plot…………………..
of holding No………………………
has failed to comply with my order prohibiting him from
constructing the buildings/structure on the said land and it
is necessary to send him for imprisonment in the Civil Jail
under Sections 7 (6) and 8 of the O. P. L. E. Act, 1972 you
are hereby directed to arrest the said ………………and
produce him before me.
Datedthis ………………day of 20……………
(Strike out which is not applicable)
Seal:
Signature of Tahasildar
FORM
'E'
( See Rule 15 (5) ] |
In the
Court of Shri…………………………
Magistrate ……………………….
I, Shri ……………………….aged
………………years, son/daughter/wife
of …...........resident of Ward No………………………..
Municipality/Notified Area,
P. O …………………P.S………………………
in the district of…………………………
at present……………………………
by profession……………….. do
hereby................., solemnly affirm as follows:
1. That I or any of my family members living with me in common
mess do not own or possess any residential house/building or
housesite anywhere in the State of Orissa.
2. That the land measuring acres pertaining to Plot No ……………………Khata
No ……………in the Municipality/Notified
Area/Urban Area now under my unauthorised occupation is adjacent
to my holding.
3. That the encroached land shown under item 2 above is necessary
for beneficial enjoyment of my holding/for my residential, purpose.
4. That I have not been considered for any home-stead/plot in
.any Municipality/Notified Area/Urban Area.
5. That I solemnly swear and affirm that the above statement
are true to my knowledge and belief and I also swear that I
have not concealed anything regarding existing house or house
site owned either by me or by any of my family members. I swear
the affidavit this the day of…………..
Identified by me Signature of the Deponent Advocate
Shri......................................
aged……………………
years, son/daughter/wife
of…………………. resident
of village/town/Municipality/Notified Area/Urban
Area…………………. 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 contents of this affidavit
are true to the best of his knowledge and belief.
(Strike out which is unnecessary)
|
Deponent |
Magistrate
(Seal) |
FORM 'F'
[ See Sub-rules (4) and (8) of Rule 15 ]
Intimation slip for settlement of land |
Office
of the Tahasildar……………………..
District……………………………………………
Case No of........................................
Name of the village/Municipality/Notified Area/Urban Area………………………..
(If Municipality or Notified Area mention Ward No.)
Thana No. of the village………………………………………………
Name of the person in whose lavour land is ordered for settlement
……………..
Father's name …………………………………
Caste Address…………………………………..
Holding No……………………………………….
Plot No………………………………………………..
Khata No ……………………………………………
Area leased out………………………………………
Classification of the land…………………………….
Amount of assessment/penalty/fine………………
Purpose of settlement of land …………………….
Status Remarks…………………………………………
Certified that the above particulars have been incorporated
In the relevant record-of-rights.
Tahasildar
Certified that the above particulars have been incorporated
in the
circle records.
Revenue Inspector
FORM
'G'
[ See Rule 3 (1) J |
Statement of unauthorised occupation of Government land in
village of ........in the circle…………………..Tahasil...................Subdivision……………………...District...
……………...during the month…………..
of 19 ……………
1. Serial No ……………………….
2. Name, father's name and address of the person in unauthorised
occupation
3. Whether the person belongs to Scheduled Caste or Scheduled
Tribe
4. Description of the land unauthorisedly occupied-
(a) Village, Thana and Tahasil
(b) Holding No
(c) Plot No
(d) Full extent of the plot
(e) Extent occupied with boundary
5. Class of lands encroached, i. e., whether-
Gochar, Canal, Embankment, Rakhit, Sarbasadharana, set apart
for common use of villagers used for house site, temple site,
likely to be required for any development scheme, belongs to
an establishment of Government/company/corporation
6. Whether the land is In Rural Area/Municipality/Notified Area/
Urban area
7. If the land is in Municipality or Notified area whether
(i) the person or any member of his family living with him in
common mess owns a house or house site in that Municipality
or Notified Area,
(ii) the land, being adjacent to the holding owned by the person,
is necessary for the beneficial enjoyment of such holding or
for the residential purpose of the person, or
(iii) the land Is reserved for the purposes of any Government
or
for any development purpose.
8. Whether the person is landless and, if not-
(a) the total extent of land owned by him (excluding his home
stead),
(b) extent of lands owned by all the members of his family who
are living with him in common mess, and
(c) extent of home-stead land owned by him.
9. Income of the encroacher and other members of the family
living jointly with him in one mess from sources other than
agriculture..-
10. Mode of occupation by-
(i) cultivation
(ii) erection of house
(iii) any other manner
11. Date of inspection of the Revenue Inspector
12. Whether encroachment was blocked previously, if so, the
case No
13. Rate of assessment (Taram assessment of the village)
14. If not assessed, rate of assessment of lands of similar
description
and advantage in the vicinity
15. Assessment of the extent occupied
16. Remarks of the Revenue Inspector
Signature
in full of the Reporting Officer
(Revenue Inspector)
FORM
'H'
(Register on Encroachment)
[ See Rule 3 (2) ] |
1. Serial
No
2. Date..
3. Name of village .
4.
Name of the Encroacher, Caste, his father's name and address
5. Khata No
6. Classification and status
7. Plot No
8. Area encroached
9. Mode of encroachment
10. Date of receipt of report from Revenue Inspector
11. Assessment
12. Penalty
13. Fine ,
14. Market value
15. Date of disposal and by whom disposed of
16. Purport of the order
17. Date of settlement, if any, and purpose ;
18. Date of vacation/eviction
19. Remarks of the Tahasi1dar which may include-
(a) The amount of sale proceeds of crop or other materials forfeited,
if any
(b) Report of Revenue Inspector incorporating the amount in
the village demand
(c) If appeal filed, the date of appeal and the decision of
appellate Court
FORM
'I'
Register showing Government land likely to be required
for any Development Scheme
[See Rule 14 (3)] |
|
1.
Name of the village
2. Classification of land
3. Khata No
4. Plot No
5. Area
6. Purpose for which reserved
7. No. and date of the Notification declaring the area likely
to. be required for any development scheme
8. Remarks |
FORM
'J'
[See Rule 15 (1)]
|
It
is proposed to settle the land mentioned In the Schedule
below in favour of s/o... ..................Caste... ....................
Village …………….who has encroached
the said land being the property of Government. Any person
intending to raise objection to the proposed settlement
may file his objection before the undersigned within fifteen
days of the publication of this notice at……………..
Tahasil office. If no objection is filed till the expiry
of the said period, the undersigned will proceed to settle
the land in favour of the encroacher: |
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Name
of the village, Police Station or Thana and District |
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Entire
extent of the plot as recorded in record-of-rights |
Extent
unauthorisedly occupied |
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