(1)
(2) When a piece of land comes within the definition of “forest” as given in the Orissa Preservation of Private Forests Act, VIII of 1947, and also within the definition of “communal land” or “forest land” as given in this Act the previous sanction given by the appropriate authority under the clause (a) of sub-section (1) of section (3) of that Act shall be deemed to be the previous sanction as required by subsection (1)
(3) Any landlord who contravenes the provisions of sub-section (1) and any agent of the landlord who abets such contravention shall be punishable with fine which may extend to 1000 rupees:
Provided that no landlord shall be liable to the penalty provided in this subsection of any contravention that took place prior to the date of the passing of this Act.
Case Laws-: Section 3 – Khasmahal land and lease by Collector acting on behalf of the State, the landlord – previous sanction not necessary: 28(1962) CLT 24.
Section 3- Character of communal land – Not Changed after vesting the reason is that it is not the nature of any encumbrance, but only represent the character of the land : 40(1974) CLT 38.
Section 3- Land not mentioned as communal land in the record of rights- can not be treated as communal land in absence of evidence to the effect: ILR 1965 Cutt. 22:
31(1965) CLT 654.
Section 3- Govt. order No. 850 Dt. 2.8.1949- Delegation of Revenue powers- S.D.O. empowered to grant lease of waste land up to 15 acres-Effect of : 36
(1970)CLT 536.