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Section 23B: Burden of proof and amendment of Limitation Act, 1963 in its application to proceedings under Section 23

The Orissa Land Reforms Act, 1960State Act of Odisha · Act 16 of 1960

(1) If any proceedings under Section 23, the validity of the transfer of any holding or any part thereof is called in question, or if such proceedings are for the recovery of possession of such holding, or part thereof, the burden of proving that the transfer was valid shall, notwithstanding anything contained in any other law for the time being in force, lie on the transferee.

(2) In the Limitation Act, 1963 in its application to proceeding under Section 23-B, [and Section 23-A] in the Schedule, after the words "twelve years" occurring in the Second Column against Article 65 the words, brackets

1. Substituted vide Orissa Act No. 44 of 1976

2. Inserted vide Orissa Act No. 44 of 1976

3. Re-numbered vide Orissa Act No. 44 of 1976 and figures "but thirty years in the case of immovable property belonging to a member of a Scheduled Tribe or a Scheduled Caste, specified in relation to the State of Orissa in the Constitution (Scheduled Tribes) Order, 1950 or the Constitution (Scheduled Castes) Order, 1950, as the case may be," shall be inserted.]

[CHAPTER-III] Resumption of land for personal cultivation

Where this provision sits

ActThe Orissa Land Reforms Act, 1960
Section23B
Marginal noteBurden of proof and amendment of Limitation Act, 1963 in its application to proceedings under Section 23
JurisdictionState of Odisha
StatusIn force as published by the source

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