(1) Any claim for recovery of arrears of rent by a landlord and any dispute between a landlord and his raiyat or tenant, as the case may be, regarding -
(a) the quantum of the rent payable; or
(b) tenant's possession of the land and his rights to the benefits under this Act; or
1. Substituted vide Orissa Act No. 13 of 1965 1[(c) the right of the landlord terminate the tenancy of a tenant under Section 14 of the liability of tenant to cease to cultivate the land under that Section; or] 2[(d) the existence of the relationship of the landlord and tenant;]
shall be decided by the Revenue Officer on an application to be filed [in the prescribed manner] by any party interested.
[Provided that an application in respect of -
(a) a claim for recovery of arrears of rent shall be filed within one year from the date on which such arrears fall due;
(b) a dispute referred to in Clauses (a) and (c), shall be filed within sixty days from the date on which the dispute arises;
(c) a dispute referred to in Clauses (b) and (d), shall be filed within two years from the date on which the dispute arises;
Provided further that in case of any dispute referred to in Clauses (b) and (d) which has arisen prior to the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1973 an application in respect thereof may, if not filed earlier, be filed within one year from the said date.]
(2) On receipt of the application under Sub-section (1), the Revenue Officer may, after making such enquiry as he deems fit direct the payment of arrears of rent, if any, found due or, determine the quantum of rent under Clause (a) or 2[in cases under Clauses (b) (c) and (d) thereof] order the tenant by a notice served in the prescribed manner and specifying the grounds on which order is made to cease, to cultivate the land :
Provided that in case of dispute arising out of a matter mentioned in Clause (c) of Sub-section (1) of Section 14, the Revenue Officer before ordering the tenant to cease to cultivate the land shall decide, if rent has been duly offered and may allow reasonable opportunity to the tenant to pay or deliver to his landlord the rent payable.
(3) An order for eviction made by the Revenue Officer under Subsection
(2) shall take effect on and from the first day of the year next following the date of such order.
1. Substituted vide Orissa Act No. 29 of 1976
2. Inserted vide Orissa Act No. 9 of 1974
(4) If any tenant on whom a notice under Sub-section (2) has been served does not cease to cultivate the land for the Revenue Officer may take such steps as he may deem necessary for the purpose of giving effect to his orders.
(5) If after holding enquiry under Sub-section (2) the Revenue Officer is satisfied that the tenant was cultivating the land at the date of commencement of this Act, or any time thereafter understands that he may be unlawfully prevented from cultivating such land by his landlord, he in addition to the penalty that he may impose on the landlord under Section 18, order the landlord by a notice served in the prescribed manner to allow the tenant to enter the land forthwith and to cultivate it as a tenant.
(6) If the Revenue Officer satisfied after such further enquiry as he may deem necessary that the landlord has failed to comply with his order under Sub-section (5), he shall take such steps as may be necessary to put the tenant in possession of the land.
(7) Pending final disposal of the dispute under this section, the Revenue Officer may pass such interim orders relating to the appointment of Receivers for taking charge of the crops, or getting the lands cultivated on 1[restraining the landlord from interfering with tenant's cultivation of the land or for such other purpose] as he may deem necessary or expedient.