(1) This Act may be called the Orissa Communal, Forest and Private Lands (Prohibition of Alienation) Act, 1948.
(2) It extends to the whole of the 1[State] of Orissa except the district of Sambalpur.
(3) It shall be deemed to have come into force on the 1st day of April, 1946.
2. Definitions- In this Act, unless there is anything repugnant in the subject or the context-
(a) Communal land means;
(i) in relation to estates governed by the Madras Estates Land Act, 1 of 1908, land of the description mentioned in Sub-clause (a) or Sub-Clause (b) of Clause (16) of section 3 of that Act : and
(ii) in relation to cases governed by the Orissa Tenancy Act, 11 of 1913, lands recorded as gochar rakshit, or sarbasadharan in the record-of-rights or waste lands which are either expressly or impliedly set apart for the common use of the villagers, whether recorded, as such, in the record-of-rights or not:
(b) Estate and Private land shall have the same meanings respectively assigned to those expressions either in the Madras Estates Land Act, 1 of 1908 or in the Orissa Tenancy Act, 11 of 1913.
(c) Forest land includes any waste land containing shrubs and trees and any other class of land declared to be forest land by a notification of the 1[State] Government.
(d) Landlords means-
(i) in relation to estates governed by the Madras Estates Land Act, 1 to 1908, land holder as defined in that Act; and 1
(ii) in relation to cases governed by the Orissa Tenancy Act, 11 of 1913, landlord as defined in that Act.
Notwithstanding anything contained in any other law for the time being in force or any express or implied agreement but subject to the provisions of Sub- section (2), no landlord shall, without the previous sanction of the Collector sell, mortgage, lease or otherwise assign or alienate or convert into raiyati land any communal forest or private land or create occupancy rights therein:
Provided that nothing in this sub-section shall be deemed to prohibit a landlord from leasing out his private land for a period not exceeding two years without previous sanction of the Collector.
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