(1) Subject to other provisions of this Act and notwithstanding any contract, custom or usage or decree or order of any Court, a raiyat shall be liable to eviction only if he -
(a) has used the land comprised in his holding in a manner which renders it unfit for the purposes of agriculture; or
(b) has leased out the land in contravention of the provisions of Section 6 or has failed to cultivate the land personally; or
(c) has used of the land for any purpose other than agriculture.
Explanation. - The construction of a house for the residence of the raiyat and his family members together with all necessary out-houses shall be deemed to be for agricultural purposes.
(2) A raiyat liable to eviction under Sub-section (1) shall be entitled to three month's notice in writing from the landlord intimating his intention to so evict and the grounds therefor :
Provided that such eviction on the grounds specified in Clause (a) of Sub-section (1), shall not take effect unless the raiyat, within a period of one year from the date of service to such notice, fails to restore the land to a condition fit for agriculture.
[8A. Conversion of agricultural land for purposes other than agriculture. - (1) Notwithstanding anything contained in Section 8 -
(a) the authorised officer may, where an application is made to him by a raiyat in the prescribed form for conversion of the use of any agricultural land belonging to him for purposes other than agriculture, allow such conversion, if he is satisfied that such conversion shall not violate -
1. Inserted vide Orissa Act No. 12 of 1994
(i) any master plan, improvement scheme, development plan or town planning scheme, made or published under the Orissa Town Planning Improvement Trust Act, 1956 (Orissa Act 10 of 1957) or under the Orissa Development Authorities Act 14 of 1982 or under any law for the time being in force and applicable to such land; and
(ii) any other condition or conditions as may be prescribed for the purpose of dealing with bona fide cases of such conversions.]
1[(b) in every case where the authorised officer allows conversion of the use of any agricultural land under Clause
(a), the raiyat is required to pay conversion fees for such land, calculated at the rate specified in Sub-section (2) and the kissam of the land so converted shall be corrected accordingly;
(c) where the conversion of the use of any agricultural land by a raiyat for the purposes other than agricultural has been made prior to the commencement of the Orissa Land Reforms (Amendment) Act, 1993 or, where the land has been transferred by the raiyat to any other person prior to such commencement, and the transferee uses the land for the purpose other than agriculture, without paying the premium fixed therefor as per the provisions existing prior to the commencement of the Orissa Land Reforms (Amendment) Act, 2006, such raiyat or such transferee, as the case may be, is required to pay conversion fees within the prescribed period and in the prescribed manner in respect of that land as calculated at the rate equivalent to fifty per centum of the rate of conversion fees specified against that category of the land in Sub-section (2) and the kissam of the land so converted shall, after the payment, be corrected accordingly;
Provided that if the convesion fees so payable is not paid within the prescribed period it shall be recoverable as an arrear of land revenue.
1. Substituted vide Orissa Act No. 8 of 2006
(d) the lands which were deemed to have been surrendered to Government and settled on lease basis under the provisions of the Orissa Government Land Settlement Act, 1962, prior to the date of commencement of the Orissa Land Reforms (Amendment) Act, 2006, shall cease to be so surrendered and settled on lease basis and be held freely by the raiyat or the transferee, as the case may be.]
1[(2) The rate at which the conversion fees shall be payable per acre of agricultural land situated at different places of the State, for conversion of its use to any purpose other than agriculture on and after the commencement of the Orissa Land Reforms (Amendment) Act, 1993 shall be as follows :
(i) Land situated within any Municipal area or in areas within one-half kilometre on either side of such National Highways as the State Government may, by notification, specify from time to time ..Rs. 3,00,000/-
(ii) Land situated in any area within one-fourth kilometre on either side of such State Highways as the State Government may, by notification, specify from time to time ...Rs. 1,00,000/-
(iii) Land situated in a Municipal area or a Notified area, or in any area notified as Urban area under the Orissa Government Land Settlement Rules, 1983 made under the Orissa Government Land Settlement Act, 1962, other than any land mentioned in Clauses (i) and (ii) ...Rs. 75,000/-
(iv) Land situated in such developing areas as the State Government may, by notification, specify, from time to time, other than any area covered by Clauses (i), (ii) and (iii) ... Rs. 30,000/-
1. Substituted vide Orissa Act No. 8 of 2006
(v) Land situated in any area not covered by Clauses (i), (ii), (iii) and (iv) ... Five percentum of the market value of such land or Rs.
1,000/- whichever is more.
Explanation - For the purpose of this sub-section, -
(a) "Municipal Act" means the Orissa Municipal Act, 1950;
(b) "Municipal area" means an area included in a Municipality constituted under the Municipal Act; and
(c) "Notified area" means a Notified area within the meaning of Section 417-A of the Municipal Act.
(3) The lease documents executed on or before the date of commencement of the Orissa Land Reforms (Amendment) Act, 2006, for the purpose of conversion under this section shall be in operative and the premium paid for such lease shall be treated to be conversion fee.]