(1) As soon as may I)c after t11s Ii~laI maps cpcratiDns and records have becn prepared uncler section 22, the State Government shall issue a notificationto the effcct that the consolidation operations have been closed in the unit and then the village or villages forming part of the unit shall cease to be i mdcr the coxlsolidation operations:
Provided. that the issue of a notifidation urider this section shall not affect the operation pf the provisions contained 'in Chapter 1V.
(2 ) Notwithstanding anything contained in subsection- (1) consolidation operations shall not be deemed to have been closed in respect -of cases or proceedings pending under the provisions of this Act on the date of issue of the notification under 'sub-section ( I ) .
( 3 ) The orders passed by the competent authoe rities in matters referred to in sub-section (2) shaII be given effect to by such authorities as may be prescribed.
E X C ~ ~ I I O D 42. Notwithstandirig any[ hi ng contained in the f ~ . rmm- Cour t ,Fees Act, 1870, no court fee s11aIl be payable 7 or 1870 on any application maclc or - any document fiIed in any proceedins undcr thc provisions of this Act.
Explanatioo-For the purposes ''of this section, 'Cdocument" shall not include a Vakalatnama.
lnstrumc~~l 43. Notwithstanding anything contained in any not n-ary other Isw for the time Leing in force, no instrment tr;lnsrcr. in writing shall be necessary for effecting a transfer of a holding' involved in giving effect to a Final Consolidation Scheme nor shall any sucl~. instrqment, -. if exekuted, require registration.
44. The consolidation Comn~issioner; Director Powers of Civil Court of Consolidation, Collector, Consolidation OEcer , b, ,xcrei.
Assistant Consolidation Officer and Tahasildar shall scd by authorites have aU such powel-s, rights and privileges as are ,,dCrthi, vastcd in a Civil Court in respect of the following Act.
matters in trying a suit- (#) surnmol~ing and enforcing the at tendance of witnesses and examining them oh oath, affirmation or dtherwise and the issue of a commission ;
(b) compelling the production of documents ;
(c ) admission of evidence by affidavit ; ai~d
(d) any other matter that may be prescribed.
(2) A summons signed by such officer may be substituted for and shall be equivalent to any formal ' process capable of being issued in any action by a Civil Court for enforcing the attendance of witnesses and cornpelling the production of documents.
415. (I) Subject to any condition or restriction power as rcgards pro- that may be prescribed, the Consolidation Commissi- d ucioon or oner, Directo K of Consblidition, Coll&tol; ConsoIi- doeumfl's.
dation OBcer, Assistant Qrisolidation OEcer or Tahasildar may, by a writfen oi-dei, require any person to produce such docume'nts, papers and registers or to furnish such information as he may deem necessary for the proper exercise of his powers or the proper discharge of his duties under this Act.
(2) Every person fequired to. $roduc& any document, paper or register or' to fihrhish any infoimation under this, section: shall be deemed legally bound to doso' withiri the mdiinilig of skctiodi 175 and 176 of 45 of 1866 the Indian' Penal C(jd e.
46. Any Officer mentioned in this 4ct or any to person acting under orders of any one of them may, enter upon land for in the discharge of any duty under this Act, enter swvey ,, upon acd survey any land and erect s w e y marks demarcation thereon and demarcate the boundaries thereof, take levels and do all other acts necessary for the performance of his duty.
47. A11 authorities hearing any application, appeal Jurisdiction or rev-ision under any of t he provisions of this Act shaU do so as revenue courts.
L92-73(a) Law ] Ci1r1 ;ution 48. Not withstanding anything contained in any of c!ciric.it and Iaw for the time being in force, if at any timo before nri!l~maric;ll thc issue of (1 notification under Section 41 the niistnkcs. ConsoJidation OEcer or Assistarlt Consolidation Officer is satisfied that a clericaf or arithmatical error apparent on the f x e of the record exists in any document prepared under any provision of this Act, he did, either on his own motion or on the application of any person interested, correct the same after giving to the parties concerned a reasonable opportunity of being heard.
POXC~S of 49. Where powers are to be exercised or duties sllbOrdirlatc are to be performed by any authority under this Act a uthorily to be cxcrciscd or the rules made thereunder, such powers or duties by n superior. may also be exercised or performed by any authority superior to i t .
Drleg. .& t' ion 50. The State Government may, by notification of powcrsm and subject to such restrictions and conditions as may be specified therein-
(a) delegate to any officer or authority any of the powers, conferred upon them by this Act;
(h) confer powers of the Consolidation Commissioner, Director of Consolidation, Collector and Consolidat ion Officer under this Act or the rules made thereunder on ony other officer or authority.
Bar of
51. Notwithstanding any thing conia ined in any jurisdiction other law for the time being in force, but subject to of Civil the provisions contained in '[ clause 1 (3) of section 4 Courls. and sub-section ( I ) of section 7- ( I ) all questions relating to right, title, interest and liability i n land lying in the cansolidation area, except those coming within the jurisdiction of Revenue Courts or authorities under any local law for the time being in force, shall be decided under the provisions of this Act by the appropriate authority during the consolidation operations ; and
(2) no Civil Court shall entertain any suit or proceeding in respect of any matter which an officer or authority empowered under this Act is competent to decide.
- ..-
1. Substituted by the Orissa Consolidalion or Holdings and Prevcnlion of Fragmenlation of Land Act, 1976 (Or. ,Act -15 of 1936 ), s. 8.
-= v- " ' U , r * = L r L i l * l l v l ~ u r I'nnUMClYlflllUN Uk- L A N U I J 1 ACT, I972 ( Secs. 52-57 )
52. No suit, prosecution or other legal proceeding I,,dmlnilicl.
shall l ie agqinst. any person for anything whidl is in tiun of A c ~ s good faith done or intended to be done utlder thisfi.4i''guui Act or the rules made thereunder.
53. A traasfer made in cnntr:~vention of any o f ~ n n j f c r the pr-ovisions of this Act shall not bc valid or l-ecog- co~ltravcn- ruadz in nised, any thing contained in any other law for the tion or t i ~ c time being in force not withst auding. prc)visions the ACI. of
54. ( I ) Any person contravening any provision Penalty for cf this Act shzll beIiableto paya penalty not conlravcnjng provision of exceeding five hundred rupees by an order passed by t sc A C ~ .
the Subdivisional Officer of the locality:
provided that the Subdivisional Ofitber, before passing an ordcr levying penalty, shall give to the person concerned a reasonable op port11 nity of being heard.
(2) An appeaI against ally order passed under 45 t0 1869 sub-section ( I ) shall lie, if filed within thirty days from the date of the order, to the Collector whose decision thereon shall be final. . -