(1) The State Government may, where they and ~ c c ~ a r t i o n notifimare of opinion that any area may be brought under tlon . regard consolidation operations, issue a notification to that ing consoli.
effect whereupon it shall become lawful for the Consolidation Officer or his subordinate or any other officer acting under his authority-
(a) to enter upon and survey in connection with rectangulation or otherwise and to take levels of any land in such zrea, if necessary ;
(b) to clear by cutting or rerno~ing any tree, jungIe, fence, standing crop or other material obstruction during such survey or taking of levels ; and
(c) to do a11 acts necessary to ascertain the suitability of the area for consqligation operations.
(2) The Consolidation Oficer shall cause public notice of the not ifmation issued under sub-section (1) to be given in the prescribed manner.
(3) The Assistant Consolid ation Offimr shall t er,- der compensation to the person concerned for any damage which may have been caused by any action taken under sub-section ( I ) and in case of any dispute as to the assessment or payment of tlhe amount so tendered, he shall refer the matter for decision by the @onsolidation Officer whose decision thereon shall be final and shall not be questioned in.any court of law.
4. Upon the publication of the notification wm or issued under sub-section ( I ) of se-ction 3 -in the Offi- notf6cation. cia1 Gazette, the consequences as hereinafter setforth, shall, subject to the provisions of this Act, emue in the c~nsoG&tiop .area till -the publicatj-on of notiha- .. . : , tion under se&on 41 or sub-section'(. of section 5, as the case may be;- 61); the ceasolidation ma s b 4 be dear id -&! -84 m d ~ p consolidation operations and -the duty of:p- .
ration of record-of-nghts and map of eadqvdl9 e , . .. . . comprised io the area shall be performed: .hy ., , - . :, Assistant Consolidation Officer. who shall prepare " - - , them in the manner hereinafter provided ;
(2) notwithstanding anything contained in any law for the time being in force, no land omer, except with the permission in writing of the Consolidation OfXicer previously obtained, shall, after publication the notification under '[sub-section ( I ) ] of-section 13, transfer by way of sale, gift, mortgage or exchange any agricultural land, other than the categori&,.of land mentioned in the explanation to clause (fi of
1. substithed by thc Orissa CosoIidation of Holdings afid Prevention of Fragmenmt~on of Land (Amendmenl) Act, 1979(0r. Act 31 of 1979), 8 3 (a) ( i) , w. e. f. 23rd May 1979.
seckion 2 ; Lana no document purporting to effect any such transfer shall be registered by a registering I 6 of 1908 o6wr ap,pointed under the Registrcltion Act, 1908 unless the document is accompanied by a certified copy of the doresaid written permission;]
'[ (2-a) no land-owner shall, after the pu6Ecatim of the Map and Land Register under section 9, convert any land in the unit to be used in any manner 30 as to render it unsuitable for consolidation without obtaining the permission in writing of the consolidation officer.)
(3) every proceeding relatirig to Survey, preparation and m ainteaance of record-of-rights and set tie- . ,.
merit of rent shall stand abated after publicaha-, .. -', of the notification under sub. section (1) of se.cti~nr6:;
a d I.
(4) every suit and proceedings for declaratiohh of any rlght or interest in any land situate:w%?k the co~soIidation area in regard to which prgcee.dings c d l d be or o,ught to be started under this Act, which is pending before any Civil Court, whether of the;
first instance or appeal, reference or revisibn. shill, on an order being passed in that behalf by the Cowrf, before which such suit or proceeding is pending, stand ,abated : . - ~rovided that no such order shall be passe& . :-- - ,.
without g i~hg the parties co.ncerned an opportm?Q . ; ::
~f ' bei~g,'beard.,: .. .
3 P r b ~ i d e d further that on the issue of a not&.
cation under sub-section (1) of section 5 in respect of the said area or part thereof,- (&) every order passed by the Court under c l aw (4) in relation to the lands situate in such area or part thereof, as the case may be, shall stand vacated ; and
(b) all such suits and proceedings as are referred to in clause (3) or clause (4) which relate to lands situate in such area
1. Addcd by the OrisSa Consofidation of Holdings and Prevention of Fngmcntation of Land ( Amendment ) Act, 1979 ( Or. Act 31 of 1979 ), 8 . 3:(u),(ii), w.e. f. 22ndOcfober 1979,
2. Inserlcd by /bid., 5. 3 (b), w. e. f. 23rd May 1979.
3. Substitutd by thc Orissa Consolidarion of Holding3 and Prevention of Fragmentation of Land (Amendment) Act, 1976(0r, Act 15 of 1976), s. 3.
or part thoreof, as the case may be, shall bc proceeded with and disposed of in accordance with tile law as if they had never abated :]
Provided also that such abatement shall be withput prejudice to the right of the person affected to agitate ibe right or interest which formed the subject matter of the said suit or proceeding, before the prdper consolidution authority in accordance with the provisions of this Act or the rules made thereunder.
~mce~ le t i on - ! 5. ( I ) It shall bz lawful for thc State Governol notification. rnent at any time to cancel, by publimtion of an order ,to that effect in the Official Gazette, the notification made under sub-section ( I ) , of section 3 in respect of the whole or an) part of the area specified therein. !
. -
(2) -Where a notification has been cancelled in respect of any area under sub-section (1) such area shall cease to be under consolidation operations !
with effect from the date of the cancellation.
"ep8ntion of map, hnd 6 . (I) AS soon as may be after the publi+#jition resister and of the notification under sub-section (I) of section 3, f$zyi, the Director of Consolidation shall issue .a notificaation a q d tion wnsfituting units and initiating preparation of :$g$,Prnt maps and land register in respect of eachunit which shall be .' [* * * *] published at a consplcusus place of 1l1e village for a period of not less than fifteen days.
(2) Upon publication [in the village] of the notification under sub-section ( I ) and subjjfct to the provisions heranafter contained, the Assist ant Consolidation Officer shall-
(0) prepare- the Map of each village in the coasol~datlon arza in the prescribed manner ;
. .
1. Omitted by the Orissa Consolidaton of Holdings and prevention of Fraragmenlatian or Lsnd (Amendment) Act, 1979(0r. Acl3l or 1979),.s. 4(o), w. e. f, 23rd May 1979.
, . 2. Substituted by ibid., s. 4 (6). w. c. f, 23rd May !979.
(b) prepare a Register known as the land Register showjtlg particulars of the 1 ands, interests therein, rent and cess settled therefor and such other detaiIs as may be prescribed;
(c) determine in consultation with the Consolidat ion Committee the valuation of- ( i ) lands, arter taking into consideration their produt ivity, Ioca tion, availability of' irrigation faciIities and other relevant factors, if any; and
(ii) houses, structures, trees, wells and othcr in~provements existing on such land ;
(d) determine the shares of individual' laudowners in joint holdings for thc purpose of effecting partition to ensure proper consolidation.
ExpJanarion-The expression " interests " shall include the rent receivins interests of a land-owner ,and,of the interests of a tenant.
(3) The valuation determined under clause (c) of sub-section (2) shall be approved by the Consolidation Officer with such changes t i s he deems ,necessary. . .
(4) The Assistant Consolidation Officer shall -also prepare such other records as may be prescribed to .facilitate. ionsolidation operations in the unit.