CHAPTER-I
GENERAL

These rules may be called the Orissa Survey and Settlement Rules, 1962.

(2)

They shall come into force at once.

In these rules unless the context otherwise requires

(a)

"The Act" means the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959)

(b)

"Form" means a form appended to these rules;

(c)

"Section" means a section of the Act.

1[(d)

"Tahasildar" means the Chief Officer-in-charge of revenue administration of a Tahasil and includes an Additional Tahasildar and any other Officer whom the Board of Revenue may appoint to discharge any of the functions of Tahasildar under these rules in any area specified in that behalf.]

(e)

All words and expressions used in these rules but not defined therein shall have the same meanings as are respectively assigned to them in the Act.

1.

Substituted by O.G.E No.658/D16—4-1964- Notification No.23960-5 5/64 R Dt.1.4.1964

2[The proceedings conducted by every officer under Act and these Rules shall unless otherwise provided in these Rules be summary and shall be governed so far as may be practicable by the provisions of the Civil Procedure Code, 1908 :
Provided that the fine, if any, imposed under the Order XVI, Rules 12 and 17 shall in no case exceed fifty rupees.]

2. Substituted by O.G.E No. 1328D/24.9.1977

(1)

All notices required under the Act or these rules be in writing.

(2)

Where no other mode of service of notice is prescribed by the Act or by these Rules service shall be effected in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, 1908, if the notice is addressed to only one person. If it is addressed to a number of persons or to persons in general, it shall be served in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, 1908 or by proclamation and beat of drum and by posting it, in the presence of not less than two persons in some conspicuous place in the village.

(3)

In the case of an uninhabited village, the service of any general notice shall be by proclamation and beat of drum and by posting it, in the presence of not less than two persons in some conspicuous place in the nearest inhabited village.

CHAPTER-II
SURVEY

The application under Sub-section (3) of Section 3 shall be made to the Collector of the district, the agreement to be executed under Clause (a) (ii) and the security bond to be given under Clause (b) of Sub-section (3) of the said section shall be expressed to be made by the Governor and executed on his behalf by the Officer authorised in that behalf in accordance with the provisions of Article 299 of the Constitution of India.

(1)

The proclamation under Sub-section (1) of Section 5 shall be in Form No.1.

(2)

On expiry of thirty days from the date of publication of the proclamation under Rule 6, the Survey Officer or any of his subordinates or any other Officer acting under his authority shall conduct a local enquiry and take such measurements as may be necessary to prepare the map and such other record as may be ordered by the Board of Revenue to form a part of the survey record under Sub-section (1) of Section 6.A.

(1)

Survey marks of the following description shall be set up by the Survey Officer while preparing the draft survey record, namely:

(a)

stones or masonry pillars two feet long, cut for a length of six inches at the top into a prism of triangular cross section each side of the triangle being five inches in length at each tri-junction point, that is to say, at each point where boundaries of three or more villages or other units of survey meet; and

(b)

(2.)

The existing survey marks which had been set up under authority of law before the date of coming into force of these rules shall be deemed to have been set up under these rules.

(1)

After completing preparation of the draft survey record, the Survey Officer shall, in the presence of as many of the parties as attended at a place and on a date to be specified in the notice under Sub-rule (2) attest a copy of the map and such other record as rnay have been ordered by the Board of Revenue to form the part of the survey record.

(2)

Not less than seven days from before the date of attestation a notice in Form No.2 shall be published in the manner provided in Rule 6.

An appeal under Sub-section 3 of Section 6 shall lie to the Chief Survey Officer or any other officer specially empowered by Government in this behalf.

(1)

The Survey Officer shall publish the attested copy of the map and other record, if any, by placing them for public inspection free of charge for a period of 1[Sixty days] at such a convenient place as he may determine.

(2)

Not less than seven days from before the date of publication under Sub-rule (1) a notice in Form No.3 shall be published in the manner provided in Rule 6.

(3)

Objections, if any to any entry in or omission from the draft survey record shall be made in Form No.4 during the period of publication specified in Sub-rule (1) and shall be received and considered by the Survey Officer in accordance with the provisions of Rule 12 and the objector shall within such time as the Survey Officer may direct, file as many copies of the original objection as may be necessary to be served on every person whose interest may, in the opinion of the Survey Officer, be affected.

1.

Substituted by Orissa Gazette Extraordinary No.94-A/22.1.1965

(1)

When an objection is received under Sub-rule (3) of Rule 11, notice thereof in Form No.5 along with a copy of the objection shall be served on every person whose interest may, in the opinion of the Survey Officer be affected thereby and all such persons shall be called upon to attend at such time and place as the Survey Officer may fix far the disposal of the objection.

(2)

On the date fixed for hearing of the objection or any other date to which the hearing may stand adjourned, the Survey Officer shall after making such enquiries as he considers necessary and after giving the parties present an opportunity of being heard, pass such orders as he deems proper:
Provided that if the correctness of any entry in the draft survey record is objected by any party and fresh inspection or measurement is prayed for, the party shall deposit the prescribed fee for such measurement or inspection. If after such measurement or inspection by the Survey Officer or any subordinate deputed by him in that behalf, it shall appear that the original entry is inaccurate and the Survey Officer is satisfied that the said inaccuracy was not due to any omission on the part of the said party in pointing out boundaries, furnishing information or producing records in proper time, he may order the amount deposited or any portion thereof to be refunded to the objector.

The Survey Officer shall finally frame the survey record in conformity with the draft survey record as corrected in accordance with orders made on objections under Section 6-A and appeals under Section 6-B.

(1)

A copy of the map and other record, if any, finally framed shall be finally published by the Survey Officer, by placing them for public inspection, free of charge, for a continuous period of seven days at such convenient place as he may determine and the seventh day of such publication shall be deemed to be the date of final publication.

(2)

Not less than seven days from before the final publication of the survey record in accordance with Sub-rule (1), the Survey Officer shall issue a notice in Form No.6 to be published in the manner provided in Rule 6.

(3)

On the expiry of the period of seven days specified in Sub-rule (1), the Survey Officer shall record a proceeding certifying the final publication of the survey record. The copy of the map and every page of the other record, if any, which are finally published under Sub-rule (1) shall bear a certificate of such publication under, the seal and signature or facsimile signature of the Survey Officer. The map, a copy of which is finally published under Sub-rule (1), shall also bear a certificate of such publication under the signature of the Chief Survey Officer.

(4)

The finally published survey record shall remain in the custody of the Tahasildar

(5)

A copy of the survey record as finally published bearing a certificate under the Survey Officer's signature or facsimile signature and seal shall be made over to the Collector.

(1)

A survey mark shall be deemed to require repair when it is-

(i)

out of its correct position; or

(ii)

entirely covered with earth or overgrown with vegetation so as to be invisible or inaccessible for purpose of measurement.

(2)

Every person interested in the land shall take all reasonable care and exercise due diligence in maintaining, renewing and repairing the survey marks on or within the boundaries of his holding and this liability shall be joint and several.

The extent of the aforesaid liability shall be limited to such cost of repairing or renewing, missing or damaged survey marks as may be fixed by Government for each district or part thereof by notification from time to time.
The cost to be recovered by the Collector in accordance with Rule 16 I. shall not exceed the said limit

The notice under Sub-section (2) of Section 8 shall be issued by such officer as the Collector may, by general or special order made in this behalf direct and such notice shall be served in the manner provided in Rule 4.

(1)

The cost ,of survey under Sub-section (2) of Section 9 shall be assessed by the Survey Officer in the following manner, namely:
The village or tract notified for survey under Sub-section (3) of Section 3 shall be the unit for assessment and the cost of survey shall include-

(i)

all direct charges involved in conducting the survey operation including the cost of preparing copy or copies of the survey record supplied to the parties who apply for such survey; under Sub-section (3) of Section 3;

(ii)

over head charges in full on account of supervision and control of the entire area taken up for survey, forms one unit and in any other case; the same shall be apportioned among the different units according to the area of operation.

(2)

After assessment is made by the Survey Officer, he shall communicate the same with detailed calculation sheets to the for apportionment and recovery of cost.

CHAPTER-III
PREPARATION OF RECORD-OF-RIGHTS

The submission of application, execution of agreement and deposit of amount towards the expenses of preparation of record-of-rights of an area under Sub-section (2) of Section 11 shall be made in the same manner as prescribed under Rule 5.

When an order is made under Section 11, the particulars to be recorded shall be specified in the order and may include either without or in addition to other particulars, all or any of the following, namely:

(i)

the name of each tenant or occupant,

(ii)

the class to which each tenant belongs,.

(iii)

the situation and extent of the land held by each tenant occupant

(iv)

the name of the landlord of each tenant,

(v)

the name of each proprietor and landlord,

(vi)

the rent and charges for irrigation payable by each proprietor or landlord, tenant or occupant,

(vii)

if the rent is a gradually increasing rent, the time at which and the steps by which it increases,

(viii)

the use of water for agricultural purposes whether obtained from a river, tank or well or any other source of supply and the repair and maintenance of works for securing supply of water for the cultivation of the land held by each proprietor, landlord, tenant or occupant whether or not such works be,situated within the boundaries of such land, lift

(ix)

the special conditions or incidents, if any, of the tenancy,

(x)

any right of way or other easement attached to the land,

(xi)

if the land is claimed to be held rent. free whether or not rent is actually paid, and if not paid, whether or not the occupant is entitled to hold the land without payment of rent, and if so entitled, under what authority.

For every interest in land, there shall be a separate Khatian for each person interested or each group of persons jointly interested and not recorded Khewat and each such Khatian shall show such particulars of rights and liabilities of each person or group of persons, as the case may be, as are required to be recorded under all clauses of Rule 21 except under Clause (viii) of the said rules:
Provided that the particulars covered by the said clause shall be shown in separate Khatian to be prepared for each source of irrigation.

The map under Sub-section (6) of Section 11 prepared in the manner provided in Rules 7 and 8.

(1)

The preparation of Records-of –Rights shall begin with the preparation of a draft record after local enquiry and checkof the existing record if any:
Provided that local enquiry may be dispensed with under orders of the Board of Revenue.

(2)

Not less than thirty before the date of commencement of the local enquiry under Sub-rule (1), the Assistant Settlement Officer shall cause a proclamation in Form No.1 to be published in the manner prescribed in Sub-rule (2) of Rule 6.

(3)

The Assistant Settlement Officer may either conduct the local enquiry himself or cause the same to be conducted by any of his subordinates.

(1)

After completing preparation of the draft record-of-rights the Assistant Settlement Officer shall, in presence of as many of the parties as attend at the place and on a date to be specified in the notice under Sub-rule (2) attest a copy of the map and the record-of-rights.

(2)

Not less than seven days from the date of attestation, a notice in Form No.2 shall be published in the manner provided in the Rule 6.

(1)

The Assistant Settlement Officer shall publish the attested copy of the map and the draft record-of-rights by placing them for public inspection, free of charge for a period of 1[sixty days] at such convenient place as he may determine.

(2)

Not less than seven days from before the date of publication under Sub-rule (1), a notice in Form No.3 shall be published in the manner provided In Rule 6.

(3)

Objections, if any, to any entry in or omission from the draft record-of-rights shall be made in Form No.4 during the period of publication specified in Sub-rule (1) and shall be received and considered by the Assistant Settlement Officer in accordance with provisions of Rule 27 and the objector shall, within such time as the Assistant Settlement Officer may direct file as many copies of the objection as may be necessary to be served on every person whose interest may, in the opinion of such Officer be affected.

(1)

When an objection is received under Sub-rule (3) of Rule 26, notice thereof in Form No.5 along with copy of the objection shall be served on every person whose interest may, in the opinion of the Assistant Settlement Officer, be affected thereby and all such persons shall be called upon to attend at such time and place as the Assistant Settlement Officer may fix for the disposal of the objection.

(2)

On the date fixed for hearing of the objection or on any other date to which the hearing may stand adjourned, the Assistant Settlement Officer shall, after making such enquiries as he considers necessary and after giving the parties present an opportunity of being heard, pass such orders as he deems proper:
Provided that if the correctness of any entry in the draft record-of-rights is objected to by any party and fresh inspection of measurement is prayed for, the party shall deposit the prescribed fee for such measurement or inspection. If after such measurement or inspection by the Assistant Settlement Officer any subordinate deputed by him in that behalf, it shall appear that the original entry is inaccurate and the Assistant Settlement Officer is satisfied that the said inaccuracy was not due to any omission on the part of the said party in pointing out boundaries, furnishing information or producing records in proper time, he may order the amount deposited or any portion thereof to be refunded to the objector.

The Assistant Settlement Officer shall finally frame the record-of-rights in conformity with the draft record-of-rights and map as corrected in accordance with orders made on objections under Section 12 and appeals under Section 12-A.

(1)

A copy of the map and record-of-rights finally framed shall be finally published by the Assistant Settlement Officer by placing them for public inspection, free of charge, for a continuous period of seven days at such convenient place as he may determine at the seventh day of such publication shall be deemed to be the date of final publication.

(2)

Not less than seven days from before the final publication of the record-of-rights in accordance with Sub-rule (1) the Assistant Settlement Officer shall issue a notice in Form No.6 to be published in the manner specified in Rule 6.

(3)

On the expiry of the period of seven days specified in Sub- rule (1) the Assistant Settlement Officer shall record a proceeding certifying the final publication of the record-of-rights. The copy of the map and every page of the record-of-rights which are finally published under Sub-rule (1) shall bear a certificate of such publication under the seal and signature of facsimile signature of the Assistant Settlement Officer. The map, a copy of which is finally published under Sub-rule (1) shall also bear a certificate of such publication under the signature of the Settlement Officer.

(4)

The copy of the map and the record-of-rights published under Sub-rule (1) shall remain in the custody of the Tahasildar.

(1)

(2)

A copy of the map and record-of-rights as finally published bearing a certificate under the Assistant Settlement Officer's signature or facsimile signature and seal shall be made over to the Collector.

(1)

The cost of preparation of the record-of-rights under Section 11 (2) shall subject to the provisions of Sub-rule (2) be assessed by the Assistant Settlement Officer in the manner prescribed in Rule 19.

(2)

The cost of preparation of copies of the record or of extracts there from for supply to landlords, tenants or occupants under Rule 30 shall be included in the cost of the preparation of record-of-rights and no separate charges shall be levied on the landlords, tenants or occupants in respect of such copies.

CHAPTER -IV
MAINTENANCE OF RECORD-OF-RIGHTS AND MAP

The record-of-rights and the copy of the map as finally published in accordance with the provisions of the Act or deemed to be the record-of-rights and map finally published under the provisions of the Act and supplied to the Tahasildar shall be maintained and kept up-to-date in accordance with rule hereinafter provided.

When an order is made under Sections 11, 18 or 36 with respect to any local area-

(1)

all proceedings for maintenance of the record-of-rights and the map under the rules of this Chapter in respect of the said local area and pending as on the date of such order shall abate; and

(2)

Rule 34 and all subsequent rules of this Chapter shall remain inoperative with effect from the date of such order till the expiry of three months form the date of final publication of record-of-rights.]

1.

Substituted by S.R.O No.357/73-D/22-3-1973-Orissa Gazette Extraordinary No.598-D/1-5-1973.

The Tahasildar may on application in that behalf of any person interested or on receipt of a report from any of his subordinate officers or on receipt of a notice from the Registrar or Sub-Registrar appointed under the Indian Registration Act, 1908, or from a Court or on his own motion, order 1[xxx] any charge of any entry in the record-of-rights according to the rules hereinafter prescribed on anyone or more of the following grounds, namely:

(a)

that all persons interested in any entry in the record-of-rights wish to have it changed;

(b)

that by a decree in a civil suit, any entry therein has been declared to be erroneous;

(c)

that being founded on a decree or order of a Civil Court or on the order of any competent authority, the entry therein is not in accordance with such decree or order.

(d)

that such decree or order has subsequently been varied on appeal, revision or review;

(e)

that any entry therein has no relationship with the existing facts; and

(f)

that by preparation of a survey record under Chapter 11 of the Act, any change is necessitated in the record-of- rights.

1.

Substituted by S.R.O No.229/81-D/11-3-1981

All proceedings commenced on a report, application or otherwise under this Chapter shall be registered as mutation cases and each such case shall be numbered and entered in register in Form No.8 to be called the Mutation Register:
Provided that changes in any entry of the record-of-rights arising out of an order to decree of a Revenue or a Civil Court or the order of a Tribunal constituted under any law for the time being in force shall be numbered and entered in the Register as separate cases and carried out by the Tahasildar immediately on receipt of such order or decree, as the case may be, and it shall not be necessary to commence a Mutation Proceeding for that purpose.]

2.

Substituted by Orissa Gazette Extraordinary No. 1541-D/23-9-74.

1.

Substituted by S.R.O No.197 of 12-2-1976-O.G.E. No.299of 1976

2[Process fee for the service of notice shall be realised in the shape of court fee stamp from the party applying for mutation and where proceedings are commenced otherwise than on an application the process fee shall be realised from the party]. Process fees shall also be realised from the party who applies for issue of summons to a witness for examination in course of a mutation proceeding. The rates of process fee shall be regulated in the following manner, namely:

(i)

in every case in which personal or substituted service of any process on parties or witness is required, a fee of Rs 1.50 np shall be charged, for service of the same document of not more than four persons and an additional fee of Re-0.25 np. shall be charged for every such in excess of four; and

(ii)

for issue of general notice, a fee of As. 1.50 np. shall be charged
Provided that where the fee charged is payable by Government such fee shall not be realised.

2.

Substituted ibid

Where a measurement or field enquiry is claimed, fees shall be realised at the rate of two rupees for every plot of land covered by such measurement or enquiry:
Provided that the fees shall be calculated on the number of plots that are made after the said measurement or enquiry:
3[Provided further that no measurement fee shall be realised for measurement or field enquiry necessitated in any proceedings commenced otherwise than on an application.]

3.

Inserted by S.R.O No. 197-Dt.12-2-1976

No fees shall be realised under Rules 36, 37 and 38 in respect of lands distributed in accordance with the provisions of the Orissa Bhoodan Yagna Act, 1953 (Orissa Act 16 of 1953).

1.

Inserted by Orissa Gazette Ext. No.1513-Dt.27-9-1965

The subdivision of a holding shall not be allowed unless all the parties interested in the holding, give consent for the same or such a subdivision has been ordered by a competent Court or authority.

While acting under Rule 34, the Tahasildar shall issue a general notice in Form No.9, inviting objections from persons interested within a period of 2[Fifteen] days from the date of service of such notice. The Tahasildar, if he deems it necessary, may issue individual notices in Form No.10.

2.

Substituted by S.R.O No. 197-Dt.12-2-1976

The mutation applications and the petitions of objection, if any, shall be disposed of after giving the parties an opportunity of being heard and the enquiry to be so held shall be summary in nature.

(1)

An appeal from any final order made under Rule 41 shall lie-

(i)

if the original order was made by an Assistant Settlement Officer exercising the powers of the Tahasildar under those rules and working under the administrative control of the Settlement Officer, to the Settlement Officer; and

(ii)

if the original order was made by any other officer exercising the powers of the Tahasildar under these rules, to Subdivisional Officer.

(2)

Every such appeal must be presented within thirty days from the date of the order appealed against.]

3.

Substituted by S.R.O No.357/73-O.G.E No598-Dt.1-5-1973

Any person considering himself aggrieved by any decision under this Chapter may apply within thirty days from the date of the decision for a review of the order to the Officer, who passed the said order on the ground of any mistake or error apparent on the face of the record and the Officer may, after giving to the parties interested a reasonable opportunity of being heard, pass such order thereon as he thinks fit.

The changes in the entries in the record-of-rights shall be carried out under attestation by the Tahasildar. The copy of the map finally published or deemed to be finally published under the Act shall be corrected so as to be in conformity with the changes carried out in the record-of-rights.

When the Collector considers that due to incorporation of numerous changes in the record-of-rights or any part thereof, it has become unfit for further use, he may cause the record or the part to be re-written. The record-of-rights so re-written and brought up-to-date shall bear a certificate under the facsimile signature or signature and seal of the Collector or any other Officer duly empowered by him in this behalf and shall replace the original record or the relevant part thereof, as the case may be, in the custody of the Tahasildar. A copy thereof duly certified by the Tahasildar shall be transmitted to the Collector.

Where the Collector considers that due to incorporation of numerous changes or for any other reasons the map or any part thereof has become unfit for further use, he may cause a copy thereof to be prepared. Such copy shall bear a certificate under the facsimile signature or signature and seal of the Collector or any other Officer duly empowered by him in this behalf, and shall replace the original map or the relevant part thereof, as the case may be, in the custody of the Tahasildar. A copy thereof duly certified by the Tahaslldar shall be transmitted to the Collector.

CHAPTER-V
SETTLEMENT OF RENT

The filing of applications, execution of agreement, and deposit of amounts towards the expenses of settlement of rent of an area under Sub-section (2) of Section 18 shall be made in the same manner as prescribed in Rule 5.

(1)

Before proceeding to fix fair and equitable rent in respect of land situated in any local area the Assistant Settlement Officer may group the villages of the local area into different classes by taking into consideration the following factors, namely

(i)

situation of the village;

(ii)

communication and marketing facilities;

(iii)

depredation by wild animals; and

(iv)

liability to vicissitudes of season.

(2)

The Assistant Settlement Officer shall group the lands in the village 1[used for agriculture according to the Sub-section (1) of Section 19] into as many different classes as he deems fit and assign every plot of land to one such class having regard to the following factors, namely:

(i)

crop or crops grown on the land;

(ii)

nature of the soil;

(iii)

situation of the land in the village; and

(iv)

sources of irrigation.

2(3)

The Assistant Settlement Officer shall group the lands in the village used for residential purpose other than agriculture according to Sub-section (2) of Section 19 into as many different classes as deemed fit and assign every plot of land to one such class having regard to the following factors, namely

(i)

proximity of the land to markets and means of communication;

(ii)

the prevailing market value of the land; and

(iii)

extent of the development of the locality in which the land is situated.]

(1)

In taking into consideration the crop or crops normally grown on a land for the purpose of fixation of fair and equitable rent as provided under Clause (b) of Sub-section(1) of Section 19,the Assistant Settlement Officer shall take into account the following, namely:

(i)

the kind and quantity of the crop or crops that can be grown during a year;

(ii)

the number of crops grown in a year; and

(iii)

the profit that can be derived from the land with due diligence and reasonable means.

(2)

For ascertaining the quantity of crop or crops grown, the Assistant Settlement Officer may himself conduct or cause to conducted by any of his subordinates as many experiments as he considers necessary on different classes of lands in each village and in respect of each kind of crop grown.

(3)

The result of the crop experiments may be considered along with the available statistics of production in respect of the area concerned.

The Assistant Settlement Officer shall, while considering the situation of any land and the nature of the soil under Clause (c) of Sub-section (1) of Section 19 take the following factors into consideration, namely :

(i)

availability of irrigation by flow or lift;

(ii)

liability to floods or protection there from in flood affected areas;

(iii)

salinity;

(iv)

silt deposit;

(v)

general fertility of lands; and

(vi)

any other advantages or disadvantages which bear upon the productivity of the land.