(1) Every person who is a raiyat or a tenant in respect of any land but has no permanent and heritable rights in respect of any site on which his dwelling house or farm house stands, shall with effect from the commencement of this Act be deemed to be a raiyat in respect of the whole of such site or a portion thereof not exceeding onefifth of an acre whichever is less if he or his predecessor-in-interest has -
(a) obtained permission, express or implied, from the person having permanent and heritable rights in the site and having right to accord permission for the construction of sue h house; and
(b) built such house at his own expense.
Explanation - (i) 1[* * *] 2[(ii) Lands to be held as raiyat in pursuance of this sub-section shall be so determined as to include, as far as practicable, tanks excavated and wells sunk by such person on the site and so as not to exceed in extent the limit specified in this sub-section.
1. Omitted vide Orissa Act No. 9 of 1974
2. Substituted vide Orissa Act No. 9 of 1974
(iii) Trees standing on the land so determined shall belong to such person.
(iv) Right of way and other easementary rights necessary for the enjoyment of the aforesaid land shall attach thereto.]
1-A) The Revenue Officer, on an application made in this behalf by the person referred to in Sub-section (1) in the prescribed form and manner and within the prescribed period, may, after such inquiry as may be necessary, issue a certificate in the prescribed form to such person to the effect that he has become a raiyat in respect of the whole, or, as the case may be, a portion of the site as aforesaid and if such person is evicted from the site at any time after the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973) the Revenue Officer shall, by order, direct that possession of the site be delivered to the said person and may take such further steps as he may consider necessary to give effect to the order so passed.]
(2) If immediately before the commencement of this Act, any person has permanent and heritable rights in the site, in a capacity other than that of a land-holder, the right of all such person shall stand extinguished and they shall be entitled to compensation from the raiyat or tenant, as the case may be, equal to ten times the fair and equitable rent payable for the site under Subsection (3). The classes of rights entitled to such compensation shall share it equally and each such share shall be divided equally among persons-belonging to the class to which the share relates:
Provided that nothing in this sub-section shall have the effect of extinguishing the rights of Government in the said site.
(3) The persons who becomes a raiyat in respect of the site specified in Sub-section (1) shall be liable to pay fair and equitable rent therefor 1[to the Government or the land-holder, as the case may be,] immediately under whom he holds consequent on the extinguishment of rights referred to in Sub-section (2).
(4) In case of a dispute about the amount of rent so payable or about the apportionment of compensation, the Revenue Officer shall on an application
1. Substituted vide Orissa Act No. 9 of 1974 by any person interested filed in the manner and within the time prescribed hold such enquiry as may be necessary and decide such dispute.