'[THE ORlSSA MERGED TERRlTORIES ( VILLAGE OFFICES ABOLITION ) ACT, 19621 [ Received the assent o( the President-on the 23rd , Mcy 1 963, Brst pttblished ill aa extraordinary issue of the Orissa Gazetlgdared the 4th June, 1963.1 Whereas it is expedient in- the ~ublic interest to abolish cer(ain VjIlage Offices in the merged territories of the State of Orissa and to provide for matters incidental thereto in the manner hereinfter . . . appearing j Be it enacted by the Legislature of the State of Orissa in the Fourteenth year ,of the Republic of India, as follows:-
1. ( I ) This Act may be called the O r i ~ s a ~ ~ ~ ~ ~ ~ ~ ~ ~ Merged .Territories' (Village Ofices . Abolitiorl \c,mmoe Act, 1963. mmt.
(2) It extends to the whole of the State.of Orissa ,and shall apply to the merged territories of each of the former States: specified in column 1 of the Schedule. .
(3) 111 shall come into force on such date2 as the State Government may, by notScatioa, appoint in that behalf and different dates may be so appointed in respect of .difTerent arcas:
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1. For the Stalcment or Object.; and Rcasons. see O I L S ~ Geel te - btraordinnry, dated Ihe 11th Scptembcr 1962 (No. 462 ) and tor Rtpor( of Sclcct Cammiiice,. see ibid, dated the 7th Fobruaq I963 (No. 83).
2, G r n c into [om with c f k t from-
(i) Thc I s t Aplil 1965 ic the.Mcrgcd'Tcrritoriqs of the Pormcr States or Dnspa:la, ~ C a n d p a r a , Mn);Grblu nnd Nayagarh, sea .
Notification. N o 21496-I!. A*-I-N.D.-3%-R., darcd &p 31st ,March 1965, Published in Orisja Gazefte, Extraordinary, dated Lhc 31st hlarch 1965( No. 419 );
( i i ) Thc 1st May 1965 in thc Merged TcrriCorics of the former - Slat- or Bamra and Rair~kbol, see Nolification. No. 24210- E, A. I. (N:D$ 5165-R., datcd tbc 220d A i l 1965, pub[ished !(l Orisin Gaxf i~ , ExIfl~rdinfiry dated &c I l id A P d 1965 (No. 557-A);
{iii! ' rh, 1st April 1566 in Ihc M-Gcd Temtorics comprised in ma ;1;s;ricis ol Boudh, Dbcnknnal and Sundqgarh, see :ion. No. 20335 E- A*-I-C.-D.-41/66-R., dared tho 31st March 1966, i!ub:rzh . d ir: Orlrs6 Garelte, Extrzord~nary, da(cd bc 31:' ; : l a r~ :~ s'<$ ( No. 340-B); and ti;.) ':'hi IsL .> p i 4 19-57 in thr: Merged Tcirilories compdscd i n (he GiS:ricf OC :LC ;:jh?, See Notification. NO. 1 6 3 3 3 - B . ~ . - 1 ~ . ~ P1i67-R.. dated .the 3 1 ~ t March 1967, published in ~ f i ~ ~ Gazelre, &lraordma;y, dated thc 1st April 1967 ( No. 336).
7 50 Tm ORISSA MERGED TERRITOR[ES- [ Or. Act 10 Dtfinitionr 2. Inthis Act unless the- context otherwise requires--
(a) ."appointed date'' in relation to any area means the dare appointed 'in respect of ' such area by a notification : under subsection (3) of section 1;
(b) "Ehogra IandsYJ in relation to any village office means lands by whatevcr name described or locally known; wbelher or not recorded , as such in the settlement papers, held as emolument ' in respect -of such office;
(c) "ColIector" inchides any officer, not being . below the' rank of an Additional District Magistrate appointed by the Siate Government to 'perform a11 o,r any of the functions of a Collector under this' Act;
' (d) "emolument" in reIation to any -village office means salary, cash yayment, commission, use or enjoyment of lands held and all kinds of privileges and benefits in respect of or annexed to such office in lieu of remuneration for the performance of the duty appertaining thereto and includes- right to fees or perquisites in money or in kind, whether at fixed tiyes or . otherwise as incidental to such office;
(e) "former State" means a Merged State ' within the meaning of the States Merger (Governor's Provinces) Order, 1949;
(S) "Gountia" inclrldes Gountia with protected status; .
(g ) "~ouhti-raiyat i lands" means land recorded as such in the settlenlent pzpers in the merged territories of the former State of Bamra;
(h) "Grama Sasan" means the Grarna Sasan constituted under the provisions of the Orissa Act 15 of 1948.
Orissa Grama Panchayats Act, 1948;
(See. 3) (ij "right ofoccupancy'' shall have Ibe same meaning as has been assigned to it in the Orjssa Acr 4 or 1950. Orissa Merged States' (Laws) Act, 1950 in respect of an occupancy tenant ;, ( j ) "Village Office'' in relation to any of the merged territories specified in column 1 of .the Sched uIe shall mean the office- . - shown in column 2 of the said Schedule in respect of such merged territories; and ( k ) words and expressions used in this Act - but not defined shall have the same meaning as assigned to them in the relevant law, ruIe, order, usage, settlement, 'sanad ,3r -other grant - relaling to the Village Offices in the corresponding merged territories.
3. Notwithstanding anything in any law, usage, Abolition o t Vitlnge settlement, grant, sanad or order or in any judgment, ofiwand decree or order of a Court, with effect from and on ;;;;~~ccI 1 the appointed dale-
(a) the Village Offices, if any, nithin the respective territories shall be deemed to have been abolished ;
( b ) all the incidents of the service tenures relating to such offices shall be deemed to have been extinguished;
(c) all settlements, sanads, and all grants in pursuance of which such tenures were being held immediately before the appointed date shall be deemed to have been cancelled;
(6) the rights of the holders of such offices to receive any emolument shall be deemed ,to have been terminated;
(e) all rights to hold office and any liability to render service appertaining to such office shall stand extinguished;
(f) allBhogra l a d s shill stand resumed and vested absolutely i the State Government free from all encumbrances ; and
(g) the holder-of any Village Office shall cease to have the right to hold all other lands.
whichhe would not have continued to hold exkept by vjrtue of or as incidental to his office.
752 THE OR~SSA MERGED TERRITORIES [Or. Act 10 (Secs. 4-5 ) Collector to 4. ( I ) Ifany question arises as to whether a decide, if a person was immediately before the appointed date pcrson is lhc holder or a the .holder of any Village Office the Collector shall villac after giving the person affected an oppor tunily of Omw- being heard and after holding an enquiry decide the question.
(2 ) Any person aggrieved by the decision of the Collector under sub-section ( I ) may within thirty days sf such decision prefer an appeal. to the Board of Revenue and the decision of the Board on such appeal subject to the provisions of sub-section (3) of section 13 sball be final. .
5, (1) All Bhogri lands resumed under the Scrt'cment provisions of this Act shall subject to the provisions or Bhogca 1 ands. of sub-section (2) be settled with rights of occupancy therein on a fair and equitable rent with the holder of the Village Office or with him apd all those other persons, if any, who may be in the enjoyment 01 the land or any part thereof as his co-sharer or as tenants under h imor under such 'co-sharer to the extent that each such person was in separate and actual cultivating possession of the. same immediately before the appointed date:
i[Provided that no water reservoir, whether known as tank, munda, bandha, kata or by any other name whatsoever, which- foms Part of such bhogra land and which was being- used fcr the Furposes of irrigation or for any communal purpose, shall be settled with the holder of the village office or with any other person as -aforesaid.]
(2) The total area of such land in possession of each such person shall be subject to a- reservation' of a certain fraction thereof in favour of the Grama Sasan within whose limits tbe land is situate and the extent of such reservation shall,be. determined'- in the ,folowing manner, namely :-
1. I U r t e d by thc Orissa Mcrgcd Tcrritorics [Village Ofices Abolilion) Amendmmt Acl, 1976 (Or. Act 33 or 19'79, s. 2.
Land in possession Extent of rcszrvat icn For the first loacres . ,, Nil For the next 20 acres . . 5 per cent For the next 70 acres . . 10 per cent For thc next 100 acres - 30 per cent For the remaining . . 40 per cent:
Provided that the area- reserved shzll: as far as practicabIe, be in compact block' or blocli; of one acre or mare.
][5-A. The State Government shall, at any time, Dt:resfrif i t is necessary in the public interest, de-rcserve ;&;Dn Or any land reserved in favour of any Grama Sassln under section 5 , an& an such de-reserva tio n the land shall vest in the State Government frcc from all encumbrances.]
2[5-B. Nothwithstanding any judgment, decree 3i'dslific or rvatcr or order of any Court, Tribunal or other authority, m,,i,, the settlement of any water r~servoir of the descrip- already tion mentioned in the proviso t o sub-section ( I ) settled.
of section 5 made under that section priortothe ' date of commencement of the Orjssa Merged Territories (Village Oftices Abolition) Amendment Act, 1976, shall be of no effect whatsoever ; and all such water reservoirs shaI1, for all intents and purposes, be deemed to have vested absolutely in the State Government free frcm all encumbrances.]
6 . All Gounti-raiyati lands shall be settled with sertlerne~~ ~f .Gounl i - rights of occupancy. therein on a fair and equitable rriyr,i rent with the Gountia or, as the c,ase may be, with.
him and all those other persons who may be in the enjoyment of the land or any Far t thereof as .his cosharers or as tenants under him or under such cosharer to the extent that each such person was in separate ,and actual cultivating possession of the same immediately before the appointed date.
1. lnscrled by [he Orissa Mcrgcd Territories (ViUagc OEces Abolilloo) ~mendmenl Act, 1975 (Or. Act 26 of 1975)l s. 2n
2. ~~~~~~d by ihc 'Ori~sa Mcrgcd Tcrrirorics (V i l la~c ofkcs Abolition) Amendment Act, 1976 (Or. Acr 33 of 19761, 5. 3.
754 HE ORISSA MEKGED TERR[ToRIB [ Or. Act 10 StttIcmcnt 01 7. (1) All abandoned and surrendered holdings abandoned nndsurrun- in the possession of the bolder of a Village Ofice - dtrrd hold- and all waste lands reclaimed by him from aud after lngs nnd wnsrclands. the 1st day of January 1949 shall be, so far as may be practicable, settled with the previous holders or their heirs, u r with landless persons and small-ho lders of Iand in the prescribed manner.
(2) All waste lands reclaimed priclr to the said date shall'be settled with tbe hoIder of a .Village ' . Office with rights of occupancy therein on a ' fair and equitable rent.
(3) .Notwithstanding any thing to the contrary i n sub-sections ( I ) and (2) in the territories of the former State of Pal-Lahara, waste lands reclaimed by the Sarbarakar prior to the first day of January 1942 shall .be settled j n the manner specified i n sub-sect ion (2) and waste lands reclaimed on and after the said date in themanner specjfiedin subsection ( I ) .
E m p ~ ~ ~ m c n l 8. The Village Officer shall, on abolilion of the of certain Vilkigc office, if there are no Bhogra lands to be settled Oficcr5 in him, be paid by way of solatiun~ a lump sum S ~ a t r wrvlcc payment grant or fifteen times the annual commission recei- O r s O ~ ~ i u ~ . ved by him during the year immediately p r i ~ r to the appointed date :
Provided that no svch solatiurn shall be payable, i f such officeih on his application has been appointed bcfore the expiry of a pe~,i:!d o f six n ~ o i ~ t h s from the 1 pointed date to any suitablc post undcr the State government in accordance with such rules as may t e prescribed :
Providcd further that wherc a Gountia in the former State of Bamra holds -. any Gounti-raiyat i lands immediately beforc the appointed date-
(a) no solatiurn shall be payable, it the market value of such lands is not less than fifteen times the annual commission ; and
(b) in any other case the solatiurn s11all be equal to the iimount by.which fiftccn times sucIi commission exceeds the said marker value:
' I [ Provided aiso that wherz the aunual commission received by any Viltage Officer during the year immediately prior to the appointed date has been affected as a result of remission of rent or revenue payable in respect of that year or as a result of suspension of realisation of suctz lent 01- revenue, the solatiurn -under this section shall be calculated on the annual corni~lission received by the Village Officer during :he year next preceding the appointed date the rent in respect of which year has not been so affected. ]
9. ( 1 ) It shalI be the duty of every Village Oficer S u b m i ~ i o n in the prescribed manner- and or rccords delivery or pOSScssion (a) to deliver all records maintained by him or land.
before the appointed date in respect of the land or village held by him io relation to his office ;
(6) to render all accounts appertaiuing to his office in respect of dues payable by and to him; and ( c ) to deliver to the State Government possession of a11 abandoned and surrendered holdings and all lands to which they have no right to a set tIement by or under the provisions of this Act.
(2) Whoever: without sufficient cause fails to comply with the provisions of any of the clauses of sub-section ( I ) within thirty days from the date of service of a notice in that behalf or such fu : ther period as the Collector may aIIorv, shall be further able on conviction with fine which may extend .to two . -
1. Insencd by thc Orissa Mcrgcd Tcrritorics ( vii1agc Offices A bo[i\io,l ) ( Amrndmcnt ) Act, 1967 ( Or. Act 26 o l 1967 ), s. 2.
7 56 HE ORISSA MERGED TERRITORIES [ Or. Act 10 hundred rupees and in the case of continuing failure with an additional fine which may extend to ten rupees for every day during which such faihire continues aftcr the conviction for the first such faiIure.
(3) The Collector may for the purpose of recovering the records specified in cIause (a) of sub-section ( I ) issue a search warrant and exercise all such powers with respect thereto as may be lawfuIly exercised by a Magistrate under Chapter VII of the Code of Criminal Procedure, 1898. s of 1898 De~errnina- 10. ( I ) lf any person is aggrieved by the provilion lion, o r q u c s - ~ i o n ~ i f tho of tbis Act on the ground that it provides for abolition 1 he acquisition of property by the State, su:h person amounls acquisjt ion. to may apply to the Collector for the determination of the question and compensation, if any, within a period of three months from the appointed date.
(2) The Collector shall after boldir~g an inquiry and giving all pa r t i es interested an opportunity of being heard .determine the right to and thc amount of such compensation, i f any, as may be payable so far as may be in accordance with the provisions of sub-section ( I ) of section 23 and section 24 of the Land Acquisition Act, 1894: 1 01 1894
Provided that in determining the con~pensation the Collm:ctor shall take into account the vaIue of the interest' acquired by such person as a result of the settlement, if any, in accordanc2 with the provisions of sections 5,6 and 7.
(3) Any amount paid as compensation in respect of any land settled under sections 5,6 and 7 with any person o-ther than the holder of the VilIage Office shaI1 be realised b~ the State Govkrnment from such persan and a11 such amounts shall , be recover-abIe .as arrears of land revenue.
(4) Any person aggrieved by the decision of the CoIlector under sub-section(2) may within thirty days of such detision prefer an appeal LC the Board of Revenue and the decision of Board on such appeal shall subject .to - the provisions of sub-section (3) of ' section 13 be final.
.Sctllemcnl 11. In giving effect to the provisions of sectobcrrceortions premium. 5,6 and 7 no premium shalt-be charged for the settlement of ,lands and the lment, i f any, assessed and in force imniedir~lely 1)efor.e the appointed date sbaIl in the absence of any procf to the contrary be deemed to be the fair and equitable rent.
12. The S tate Government may, by rules made pm~durc 10 in that behalf,' specify either generally ofin relation P f!:;;!
to any particular area the time withi'a. ,which, th.3 ding..
authorities by whom and the manner in which proceedings in respect of matters under sections 5,6 and 7 incIuding matters preliminary, incidental or anciJIary thereto shall be commenced, heard and disposed of.
13. (1) Save as otherwise expressly provided in Appeal and this Act any person aggrieved by any ordcr passed ~ v i s i O n ~ under this Act or the rules made thereunder, may preferanappealwithin thirty days f romtheda t eo f ,, the order before the Collector; and i f t he original order is passed by the -Collector be-fbre the Board of Revenue.
(2) Any perso n aggrieved by an order passed in appeal not bsing an appeal befc re t he Board of Revenue, may within thirty days from the date of the orl'er prefer an appeal both on questions of fact and law before the Board of Revenue, who may iifter calling for the records and givingdhe parties a11 opportunity of being heard pass such orders co?,firmingj modifying or reversing the ordei in question according as the Board deems proper.
(3) Any person aggrieved by an order passed by the Board of Revenue in an appeat-
(a) under any of the provisions of this Act other than sub-section (4) of section 10 may, within sixty days from the date of such order, file an application for revison on a question of law before the High Court: and (bj under sub-section (4) of section 10 may.
within sixty days from the date of such orc'er, file 311 appeal before the High Court, and subject to the decision of the High Court the orcit1.s passed by {he Board of Revenue shall be final.
14. ':he provisio~is of sections 4, 5, 12 and 14 Of A ~ ~ ~ i c a t i o n o rlimitatioll 9 of 190:. the hldiaq Lirnitalion Act, 1908 shal'. be applicable ,i,,, ,,,.
to ti^:: fi!ing of appcds and a l~pl ic~i ions for revision ci!der this Act.
[Or. Act 10 (Secs.15-16) Aulhoritics to cxcrcisc 15. ( I ) Thc coIlector, Board of Rcvenue and the ccrlain other authorities specified under sectioils 12 and 13 powers or Civil Cour~ . shall for the purposes of this Act -have the same powers as are vested i n a Court under the Code or CiviI Procedure, 1908 when trying a suit ill 5 011908 respect of-
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit ; and (d ) such other matters as may be prescribed.
(2) All enquiries and proceedings before the aforesaid authorities under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. 4s of 1860 Power to make ruIu. 16.(1) The State Government may, after previous publication, make rules * to carry out the purposes Of this Act.
(2),In particular and without prejudice to the generahty of the foregoing power, such rules may provide for-
(a) the procedure to be folIowed by the Collector, the Board of Revenue and other authorities while proceeding under any of the provisions of this Act;
(b) the qulifications and other conditions for the appointment of the holders of ViUage OEces in suitable posts under Government;
(c) all other matters which under the provisions of this Act are required to be or may be prescribed.
* F O Y rulcs. sEe Nori f i~ t ion No. 57418-Tcn. (~egis.)-s163-~.
dated thc 5th October 1963, published in Orisso Guzctre, datcd the 1 8 i i October 1963, pt . Ul, p. 1927-
(3) All rules made undcr this Act shaIl, ss Soon as may be after they are made, bu laid before ihe State Legislature for 2 fat31 period of fourteen days which may be comprised i n one or more sessions and shall be subject to such nlodiFications as the State Legislature may make durirlg the said period .
17. If any dcubt or difficuIty arises in giving Powcr to effect to the provisions of this Act, the Govern-1- doubts TCfnOvC and ment may, as occasion lnay require, by order, d 0 di f f i~~ l l i e s .
anything not ir.consistent w i ~ h the provisions of this Act or the rules made thereunder, which appears to them necessary for purposes of removing the doubt or difficulty.
760 .THE OR~SSA MERGED TERRITORIES [ Or. Act XO
SCHEDULE (See sections 1 and 2 ) Name of the former States Name of the Village Officers
1. AthmallIk
2. Brmara
3. Baramba
4. Boudh 4-A.
5. Bonai
7. Dhenkanal
8. Gangpur .-& Sarbarakar '[Dangils Dakua] . . Goun tia [K h u n tkat i Gountia Shikmi Gountia Gouni Gountia] .,. Sarbarakar '[Sard ar Dakua Tandakar ] . . Sar barakar 'I Pradhan Makaddam ] ... '[ Khuntkati Ganju Thika Gznju 1 . . Gountia I[ Naik Gadn ai k Makaddam ] . . Sarabarakar 'I Dalai Paik S ard ar Dangua ] . . Sarabarakar I[ Dakua ] . . Gountia Sikimi Gountia Head Ganju Ganju Su h-Ganju I[ Pradhan Dpkua Tandakar ] Sarabara,kar 9. Hind01 . .
Pradhan -
1. lmrtcd by the O m Mcged Territories (Vi'iIlagc Officccs Aboliiion) (Amendment) Act, 1 9 4 (Or. Acr 17 OF 1964lS. 2.
10. Keonjhar .,. Pradhan Prad han Garhnaik Dakun
12. Mayurbhanj
13. Narsinghpur
14. Nayagarh
15. Pal-Lahara
16. Rairakhol '[Prad han Garhtia Shikmi Gountia Gouni Gountia] .. Sar barakar , [Makaddam Gad anaik Bera Pradhan] . . Pradhan Chbatia ' [Collection Moharir] . . Sarabarakar . . Sarbarakar Mallik . . Sarbarakar . . Gountia . . Gountia Pattidar Sub-Pattidar Gar tia Bir tia
18. Talcher Sarbarakar
19. Tigiria Sacbarakar I. Iwrlcd by thc Orissa e r g e d Territories (Vilfagc Ofificcs ~bolition) (Arncndmtv) Act. 196c (01. Act 17 Of 1964). 8.2.