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Section 18

The Odisha Special Survey and Settlement Act, 2012State Act of Odisha · Act 5 of 2012

( 1) Such aut~ority as may be prescribed shall be nominated by the Government to decide the fee and remuneration for different works and services to be rendered by the licensed surveyors.

(2) In case the work as provided in section 5 pertains to rendering servic_es to a private individual, the individual shall, along with an application form, deposit such amount as fees as may be prescribed, in the revenue office concerned, after which, the revenue . officer shall deduct such part of the fees as may be prescribed as incidental costs for supplying copies of the existing record of rights and the rest of the amount shall be payable to the licensed surveyor as remuneration to whom the work is allotted, on satisfactory completion of the work.

(3) The, sketch map or map to scale, as prepared by the licensed surveyor, shall be verified by the officer of the Tahasil concerned and findings shall be recorded in writing and in case the work is found unsatisfactory, the matter shall be remitted back to the licensed surveyor concerned for carrying out the exercise afresh.

(4) In case, a work has been assigned to the licensed surveyor by a Department of Government or requisitioning body in land acquisition or any public body, the licensed surveyor shall be paid such remuneration as may be prescribed.

(5) In case, the licensed ;;urveyor is assigned with a work pertaining to the preparation of maps or record of rights during survey and settlement operations or updating of records of rights and the like, he shall be paid such remuneration as may be prescribed.

19. In case of dereliction of duties, unsatisfactory activities or any other proven misconduct, the Director may, either suo-motu or on the recommendation of the Collector to this effect, cancel the licence of the licensed surveyor:

Provided that no order of cancellation shall be made unless the concerned licensed surveyor has been given an opportunity of being heard.

0 " Overriding effect over other laws.

State to be a necessary party in certain cases .

Summary 9

CHAPTER IV MISCELLANEOUS

20. The provisions· of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom or usage having the force of law or contract.

21. Notwithstanding anything contained in any provision in any .

law for the time being in force, in cases c·oncerning a land or a portion thereof, recorded previously as Government land, under whatever nomenclature, the State shall be a necessary party.

22. All proceedings under this Act shall be summarily disposed disposal of of in accordance with the provisions of this Act and rules framed proceedings.

th~reunder.

Bar of Jurisd iction unti l fi nal publication.

Power to give direction.

Power to frame technical guidelines.

23. Save as otherwis~ expressly provided in this Act, no Court, except the Odisha High Court and the Supreme Court of India, shall entertain any suit or other proceeding to set aside, modify or question the validity of an order or decision passed or taken by an authority under this Act or any rules made thereunder or in respect of any matter · falling within the scope of this Ac~ . u11til and unless the record of rights ·.

is finally published under section 11.

24. For the purpose of giving effect to the provisions of this Act, ..

it shall be competent for the Government to issue such directions and • guidelines as they may deem fit to any officer, authority or person subordinate to the Government.

25. The Board of Revenue, Odis ha shall have the power to frame technical guidelines to carry o·ut all or any of the purposes of this Act.

Protection of 26, No suit, prosecution or other legal proceeding shall be action taken instituted against the Government, Director, Collector or any Officer or in good faith .

person acting in this behalf for anything which is, in good faith, done or intended to be done in pursuance of the provisions of this Act or rules or guidelines made thereunder.

i \ I L_··.

10 Power of 27. ( 1) The Government may, by notification, rriake rules for Government carrying out all or any of the proyisions of this Act.

to make rules.

Power to remove difficulties.

(2) In particular and without prejudice to the generality of the foregoing powers, the rules may provide for all or any of the following matters, namely :-

(a) the manner in which summary disposal of proceedings shall be carried out;

(b) the manner in which. reports and returns are to be submitted;

(c) the manner in which applications shall be heard;

(d), the manner in which any amount shall be deposited in the Government account;

(e) the maintenance of records, registers and display of notices;

(f) ·the manner in which application or claim or objection shall be filed; and

(g) any other matter which is required to be, or may be prescribed.

Where this provision sits

ActThe Odisha Special Survey and Settlement Act, 2012
Section18
JurisdictionState of Odisha
StatusIn force as published by the source

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