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1.
Short title, extent and commencement |
(1)
These rules may be called the
Orissa
Land Pass Book Rules, 2006.
(2) They shall extend to the whole of the State of Orissa.
(3) It shall come into force on the date of its publication
in the Orissa Gazette. |
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2.
Definitions - In these rules, unless the context otherwise
requires |
a)
'Annual income' means
the gross annual income of the head of the family together
with the total annual income of all the members of the family
who are living with him in common mess from all sources,
whether agriculture, non-agriculture or any other source;
b) 'BPL family' means the family identified and notified as such by the
Government of Orissa in its Panchayatiraj Department and
Housing and Urban Development Department in respect of rural
and urban areas respectively;
c) 'Form'
means a form appended to these rules;
d)
'Government land' means
any land as defined in clause (b) of section 2 of the Orissa
Government Land Settlement Act, 1962;
e) 'Head of the family' means
the man or woman of the family having, for time being, responsibility
over the family;
f) 'Land Pass Book' means the Land Pass Book issued under Rule 3;
g)
'Register
of Land Pass Book' means the register
maintained for the purpose under rule 3 in the Office of
the Revenue Inspector; and
h) 'Tehsildar'
means the chief officer-in-charge of revenue administration
of a Tehsil and includes an Additional Tehsildar and any
other officer whom the Board of Revenue may appoint to discharge
any of the functions of Tehsildar under these rules in any
area specified in that behalf. |
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3.
Issue of Land Pass Book |
1)
Each Tehsil of the State shall be the unit for issue of
Land Pass Book and each land holding family of the Tehsil
shall be issued with a Land Pass Book.
2) Every Tehsildar shall publish a notice in the notice
board of the Tehsil office, Offices of each Gram Panchayat
and Revenue Inspector and in each village within the Tehsil
area, inviting applications in Form-I for issue of Land
Pass Book.
3) Each head of the family or any adult member of the family
authorised by him shall submit application duly filled in
Form-I to the authority and at the place, date and time
mentioned in the notice published by the Tehsildar.
4) The Revenue Inspector having jurisdiction of the area
shall conduct an enquiry within fifteen days from the date
of receipt of the application and submit his report to the
Tehsildar, and the Tehsildar shall, by order, dispose of
the application within thirty days from the receipt of the
enquiry report from the Revenue Inspector.
5) The Land Pass Book shall be issued in Form-II.
6) No Land Pass Book shall be issued in respect of Government
Land.
7) The Land Pass Book shall be issued free of cost in respect
of BPL families of the State and a sum of rupees twenty
shall be realised from every family other than BPL family
towards the cost of Land Pass Book.
8) In cases where the original Land Pass Book is lost, mutilated
or damaged, a sum of rupees twenty shall be charged to the
applicant including an applicant belonging BPL category
for issue of a duplicate Land Pass Book.
9) Every individual whose name is included in the Land Pass
Book may apply for a certified copy of the Land Pass Book
from the Tehsildar who, on being satisfied about the identity
of the applicant, shall issue such certified copy within
fifteen days after realising from him an amount of rupees
thirty-five and, where the application is rejected, the
reason of such rejection shall be informed to the applicant
within the said time limit.
10) (a) The Land Pass Book issued under these rules shall
remain valid upto three years or till the same is reviewed
by the Competent Authority.
(b) It shall be the responsibility of every Land Pass Book
holder to intimate the Tehsildar any change occurred during
the said period and get it updated.
(c) The Tehsildar may make suo-motu revision of the Land
Pass Book in case of any change therein after giving an
opportunity of being heard to the head of the family or
any adult member of the family authorised by him whose name
has been included in the Land Pass Book.
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| 4.
Applicability of the Land Pass Book |
(1)
The Land Pass book may be used as an authoritative document
for the following purposes in lieu of a Miscellaneous Certificate
issued under the Orissa Miscellaneous Certificate Rules,
1984 for any of such purposes.
(a) Scheduled Tribe / Scheduled Caste Certificate.
(b) Income Certificate.
(c) Residential Certificate.
(d) Legal heir Certificate for limited purposes such as
drawal of pension, gratuity, arrear salaries, provident
fund and the like.
(e) Socially and educationally backward class certificate
for educational purpose.
(f) Identification of farmers.
(g) Identification of BPL family.
(2) The holder of the Land Pass Book shall produce the same
before the Competent Authority at the time of each sale,
purchase or mortgage of landed property. |
| 5.
Appeal |
Any
person aggrieved by an order passed by the Tehsildar under
rule 3 may prefer an appeal before the Sub-Collector concerned
within thirty days of the order passed by the Tehsildar.
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| 6.
Revision |
Any
person aggrieved by an order passed by the Sub-Collector
under rule 5 may prefer a revision before the Collector
of the District within thirty days of the order passed by
the Sub-Collector. |
| 7.
Review of the order |
Notwithstanding
anything contained in these rules, if it is revealed on
subsequent verification or otherwise that the Land Pass
Book should not have been granted or the contents thereof
require modification, the Tehsildar or any officer superior
to him namely Sub-Collector, Collector, Revenue Divisional
Commissioner or Member, Board of Revenue, shall be competent
to review the orders granting the said Land Pass Book and,
after giving the person concerned an opportunity of making
any representation which he may wish to make, pass such
orders as he deems just and proper in the circumstances
of the case, provided no such order shall be reviewed under
this rule where an appeal or revision on the same issue
was preferred and decided. |
| 8.
Removal of doubts |
In
case of any doubt regarding the procedure to be followed
for the purposes mentioned in sub-rule (1) of rule 4, the
procedure provided, if any, for any of such purposes in
any of the existing rules or instructions issued by Government
shall be applicable, subject to the provisions of these
rules. |
| 9.
Interpretation |
If
any question arises relating to interpretation of these
rules, it shall be referred to Government for decision.
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