LAND LAW (SEM-09/PAPER-01)

LW 5015

SELF – NOTES

Anish Mahapatra

BBA LLB “A”

Roll No. – 1782019

MODULE 1: INTRODUCTION TO THE LAND LAWS

CONCEPT OF EMINENT DOMAIN

The concept of eminent domain comes from the general overview which means the supreme
power of the government under which the property of a person can be taken for interest of
general public. Therefore taking over the property by the king or the government has been made
possible only after compensating the land owner of such property. Thus eminent domain
explained as the power of the king or the government to take over the property of a private
person when it is needed for a public purpose. Doctrine of ‘eminent domain’ is based on two
maxims namely salus populi supreme lex esto which means that the welfare of the people is the
paramount law and necessita public major est quan, which means that public necessity is greater
than the private necessity. The expression “eminent domain” means permanent (eminent)
dominion (domain) of the state on the property. The power of the State to take private property
for public use and consequent right of the owner to compensate now emerge from the
Constitution of India.

CONSTITUTIONAL MANIFESTATION OF EMINENT DOMAIN

The Constitution in its original un-amended form guaranteed the right to property as a
fundamental right. Article 19(l)(f) existed in the Constitution of India which gave a modicum of
protection to private property Article 31 makes the property right more stronger by putting
constitutional restraint against State i.e., State shall not deprive the property right of individual
unless saved by authority of law. These Articles were repealed by the forty fourth constitutional
amendment and Article 300A inserted. This move has to a great extent diluted the Constitutional
protection to the institution of private property in India.

RIGHT TO PROPERTY UNDER THE CONSTITUTION OF INDIA: AN ANALYSIS

However, only a definition of Constitutional property is common in all democratic countries.

Since state exercises eminent domain power against private property, it is pertinent to discuss the
concept of private property in brief. The institution of private property has been a controversial
issue with conflicting views, one completely denying the right to own private property and the
other supports the holding of the private property. However, the right to property is a natural and
inherent right of an individual. The aim of the private law is to regulate relationships between
individuals, therefore, definition of property in private law depends on the different aspects of
the legal relations among individuals, but aim of constitutional law is to regulate relationship
between individual and state, therefore, state protects the property right of individuals. For
example, Fifth Amendment to US Constitution does not provide that “nor shall any state deprive
any person life, liberty, property, without due process of law”.

It is an Indian judicial principle developed by judges by analyzing various cases. There are some
basic features of constitution of India which cannot be amended because they are most crucial
part of the constitution. Justice Khanna has explained Fundamental Rights as the key features
which are granted to all the citizen of our country. Before proposition of Basic structure any part
of the Constitution including the fundamental rights was amendable by parliament through
Article 368. Art.31-B and Ninth Schedule that were added through (First Constitutional
Amendment) Act, 1951 are the main root cause for developing this doctrine by the Judiciary in
so many cases because the said amendment was violating the right to property which was the
fundamental right of the people.

That the Constitution has "basic features" was first theorized in 1964, by Justice J.R. Mudholkar
in his dissent, in the case of Sajjan Singh v. State of Rajasthan. He wrote, It is also a matter for
consideration whether making a change in a basic feature of the Constitution can be regarded
merely as an amendment or would it be, in effect, rewriting a part of the Constitution; and if the
latter, would it be within the purview of Article 368? The landmark judgements of the Supreme
Court of India regarding the basic structure doctrine of the Indian Constitution are as under:

Shankari Prasad vs. Union of India

Facts and arguments raised in the case: After independence the government of India applied
various agrarian reforms which were challenging the fundamental rights of the people and
especially the Right to Property and because of that it was challenged in many High Courts. The
first enactment on agrarian reform was the Bihar Land Reforms Act, 1950 which was later on
challenged in Patna High Court. So to immunize this law and to nullify the judgements of High
Courts the First constitutional Amendment Act was introduced. In this case (First Constitutional
Amendment) Act, 1951 was challenged. Through this amendment act certain laws were brought
which were curtailing right to property. By this amendment act A31-A and A31-B was added. In
this case the argument which was put forward that as per article 13, no law can infringe or
abrogate fundamental rights so how can the constitutional amendment can violate it?

Judgement: The Supreme Court upheld the validity of the first amendment of the Constitution.
It also held that Article 13 cannot overtake Article 368 because Article 13 which is the protector
of the fundamental rights, in this article the world law is used which indicates only ordinary
laws. It means law is exercising only legislative powers and not the constitutional authority. The
Supreme Court had clearly drawn the line of distinction between ordinary law and constitutional
amendment. The scope of Article 13 is restricted to ordinary law whereas the scope of
Harmonious Constitution was used so as to remove the conflict between Article 13 and Article
368. As per the said principle when any conflict arises between the two articles then one article is
restricted in comparison to another. So finally it was held that the parliament has power to
amend any fundamental right under the Article 368

Sajjan Singh vs. State of Rajasthan

Facts and arguments raised in the case: In this case (Seventeenth Constitutional Amendment)
Act, 1964 was challenged. Again the question of Shankari Prasad Case was raised whether the
fundamental rights can be amended or not. The Ninth Schedule consist of certain statutes relating
to the property and the specialty of the Ninth schedule was that it is not subject to judicial
review and because of that right to judicial review was taken away which is one of the basic
features of the constitution. The principle of Pith and Substance was applied to this case.

Judgement: The Supreme Court held that the article 368 empowers the Parliament to amend any
of the articles of the Indian Constitution. Once again it was said that the Article 13 is just limited
to the ordinary laws not with the constitutional amendment whereas the scope of article 368 is
limited to constitutional law. Among the 5 judge bench, 2 judge given a dissenting judgement –
Mudholkar and Hidayatulah. Justice Mudholkar was of the opinion that fundamental features of
the Constitution cannot be changed. According to him each and every constitution of the world
has certain fundamental features. Such features must not be changed. He was of the opinion that
fundamental features of the Constitution of India cannot be changed. Thus, Justice Hidayatullahb
was of the opinion about making no alterations in the basic features of the Indian Constitution.
But according to the majority decision it was said that parliament can amend fundamental rights
of the people.

L.C Golaknath vs. State of Punjab & Haryana

Facts and arguments rose in the case: Again (Seventeenth Constitutional Amendment) Act,
1963 was challenged. The question which was raise whether the power to amend the constitution
is limited or unlimited, basically the whole scope was also challenged in this case. Until this case
we had a position that Article 368 has more power than Article 13 but Article 368 is subject to
the limitation of judicial review. Supreme Court went ahead and also said that parliament does
not have any power to amend or abridge the fundamental right in the way of the amendment and
because of that no change can be made in fundamental rights in future. Further the ambit of
Article 13(2) was discusses that the word law used under Article 13(2) includes amendment and
if any amendment violates fundamental right it would be void.

Judgement: The majority of justices in the said petition overruled the judgements given in
Shankari Prasad case and Sajjan Singh Case but out of eleven judge bench, five justices were
dissenting. In both of these previous cases Supreme Court had held that we can make
amendments in the fundamental rights but in this present case majority of the judges considered
fundamental rights as transcendental. It is also expressed by the Supreme Court that if parliament
will get the power to amend the fundamental right then a time will also come when there will be
no fundamental rights of the people. Justice Hidayatullah also expressed his views by proposing
a separate judgment in which he says that because of Article 13, parliament does not have power
to amend the fundamental rights and he said that article 13 covers not only legislative
amendments but constitutional amendments also. So finally it was held that fundamental rights
are the fundamental needs of the people and parliament cannot amend it and it is necessary to
protect them.

Kesavananda Bharti vs. State of Kerala

Facts and arguments raised in the case: In this case the Constitution Twenty-third
Amendment Act and Twenty-fourth Amendment Act were challenged before Supreme Court of
India. Twenty-fourth Amendment Act amendment act seeks to amend Article 13 of the
constitution to make it inapplicable to any amendment of the constitution under article 368.
Nothing in the Article 13 shall affect the amending power of the Article 368. So basically the
question which was raised in this case that does parliament have power to abridge the
fundamental rights of the people by the means of Article 368?

Judgement: It was held that provision pertaining to the amendment of the Constitution is the
characteristic or most important aspect of the modern Constitutions of the World. Each judge
laid out separately, what they thought were the basic or essential features of the Constitution.
There was no unanimity of opinion within the majority view either. According to Justice S.M.
Sikri, there are some basic features of the Indian Constitution that cannot be changed under
Article 368 which are as follows:

 Supremacy of the Constitution

 Republican and democratic form of the government
 Secular character of the Constitution
 Separation of powers between the legislature, the executive and the judiciary
 Federal character of the Constitution

According to Justice Sikri, the Parliament has power amend any article of the Constitution
except the basic structure of the Constitution. Hegde, J. and Mukherjea, J. proposed a separate
and shorter list of basic features:

 Sovereignty of India
 Democratic character of the polity
 Unity of the country
 Essential features of the individual freedoms secured to the citizens
 Mandate to build a welfare state

The Kesavananda Bharati case upheld the validity of the Twenty-fourth amendment saying that
Parliament had the power to amend any or all provisions of the Constitution. Further the Court
also held that certain key words in the Preamble formed part of the basic structure of the
Constitution and declared that this basic structure was inviolable thereby casting a limitation to
Parliament’s power to amend the Constitution of article 368 is restricted to constitutional
amendments made by the Parliament.
Indira Nehru Gandhi vs. Raj Narain

Facts and arguments raised in the case: In the elections of Rae Bareilly in Uttar Pradesh Raj
Narain was the leader of Ram Manohar Lohia’s SSP who stood against Indira Gandhi. Raj
Narain was very confident of his victory and when he loses from Indira Gandhi he filed a
petition in Allahabad High Court challenging the Prime Minister’s elections on violating election
code under the Representation of the People Act of 1951. Allahabad High Court declared the
elections as void on the ground of corrupt practices and at that time Supreme Court was also not
in working and that’s why she was granted a conditional stay. After that she imposes a national
emergency and introduced Article 329A to the constitution of India. According to the Article
329A election of the prime minister and the speaker cannot be questioned and because of this
reason it was challenged.

Judgement: Supreme Court applied the concept of Basic Structure which was given in the
Kesavananda Bharati v. State of Kerala. It expressed that Clause (4) of Article 329-A needed to
be struck down on the ground that it hampers the standards of free and fair elections which is a
piece of the basic structure of the Constitution. So the apex court upheld the contentions raised
by the Raj Narain and Clause (4) of Article 329-A was declared unconstitutional. It was said by
Mathew J. “a healthy democracy can only function when there is the possibility of free and fair
elections” and this amendment destroyed this possibility and therefore violated the basic
structure of the constitution. So finally 39th (Amendment) Act, 1975 was struck down because it
violates the basic structure of the constitution.

Minerva Mills Ltd., Bangalore vs. Union of India

Facts and arguments raised in the case: In this case the Constitution (Forty-Second Amendment)
Act, 1976 was challenged. By this amendment act clause 4 and 5 brought in Article 368.
Through this amendment most widespread changes to the Constitution and also to the Preamble
and because of that it is sometimes called as a "mini-Constitution". The Forty-Second
Amendment also leads to the addition of some new articles and sections. By this amendment
parliament was given unrestrained power to amend any parts of the Constitution, without any
judicial review. It transferred more power from the state governments to the central government,
eroding India's federal structure. It changes the words "unity of the nation" to "unity and integrity
of the nation" and the description of India from “sovereign democratic republic” to a “sovereign,
socialist secular democratic republic”

BACKGROUND OF LAND TENURE

In Orissa, various types of the system of land tenure are found in the villages. The choice of one
or more forms of land tenure by a definite area is basically the outcome of time-honoured
convention. There are broadly three types of tenancy found in Orissa. The three broad types of
tenurial contract consist of crop sharing tenancy, cost sharing tenancy and fixed rent tenancy. As
per the system of crop sharing tenancy the gross produce of the land is divided between landlords
and tenants in the ratio 1:1. The tenancy system in Orissa is the system of land mortgaging was
also in practice. Since land is the only asset in the rural Orissa people used to mortgage their land
and take loan for personal and other unproductive conventional purposes. Under this system of
land tenure land is kept as collateral for securing personal loans from the' landlords. In this case
the owner of the land which is mortgaged becomes a tenant and pays the rent to the landlord till
the loan is paid fully. Land is considered as the most desired form of collateral security.
Accordingly tenants used to mortgage their land to get loans. In case of failure to repay the loan,
the land will be under the cultivation and ownership of the landlords.

Land Tenures under British Rule: Under British Rule, there were three main types of land
tenure systems in India. They were Zamindars, Mahalwari and Rayatwari. Zamindari: Introduced
by Lord Cornwallis in Bengal in 1786 Lands of a village or few villages was held by one person
or few joint owners who were responsible for payment of land revenue to the Government.
There used to be number of intermediaries between the Zamindars and the actual tillers of the
soil. The system took were various forms such as Zamindari, Jagirdari, Inamdari, etc. In many
cases revenue collectors were raised to the status of land owners. This system was introduced in
many parts of the country. In this system, tillers of the soil were exploited by way of exorbitant
rents. There were no incentives for them to improve the land or to use better cultivation
practices. There were many other social evils of the system. It is said that the British introduced
Zamindari system to achieve two objectives. First, it helped in regular collection of land revenue
from a few persons i.e. Zamindars. Secondly, it created a class of people who would remain loyal
to the British ruler in the country. Mahalwari: the village lands were held jointly by the village
communities, the members of which were jointly and severally responsible for the payment of
land revenue. Land revenue was fixed for the whole village and the village headman
(Lumberdar) collected it for which he received ‘Panchatra’ i.e. 5 per cent as commission.
Rayatwari: Introduced by Sir Thomas Munro first in Madras state and then in Bombay State. In
this system, there was a direct relationship between Government and the tenant or Rayat i.e.
individual land holder. Every registered holder was recognized as its proprietor and he could sell
or transfer the land. He was assured of permanent tenure as long as he paid the land revenue. The
land holder was also allowed to sublet his land. It was a better system as compared to Zamindari
or Mahalwari and similar other forms of tenure.

LAND TENURE OF ODISHA

The state of Orissa was formed on 1.4.1936. Prior to 1936 the district of Cuttack, Puri, Balasore,
Sambalpur and Angul formed the “Orissa Division of the Province of Bihar and Orissa”. In
Orissa, various types of the system of land tenure are found in the villages. There are broadly
three types of tenancy found in Orissa. The three broad types of tenurial contract consist of crop
sharing tenancy, cost sharing tenancy and fixed rent tenancy. As per the system of crop sharing
tenancy the gross produce of the land is divided between landlords and tenants in the ratio 1:1. In
some part of Orissa, particularly in the western Orissa, the output to be shared between landlords
and tenants is computed less of the cost of cultivation which includes the expenditure of
fertilizers, pesticides and water borne by the tenants. Under the system of cost sharing tenancy,
the cost of cultivation is partly borne by the landlords and partly by the tenants. After bearing the
cost of cultivation as per contract, the gross produce is shared between them in the ratio 1:1. In
case of fixed rent tenancy, the tenants pay a fixed rent for one agricultural year as decided or
contracted between the landlords and the tenants. Sometimes such contracts are extended and
spread over more than one agricultural year Apart from these three usual forms of tenancy in
Orissa the system of land mortgaging was also in practice. Since land is the only asset in the
rural Orissa people used to mortgage their land and take loan for personal and other unproductive
conventional purposes. Under this system of land tenure land is kept as collateral for securing
personal loans from the' landlords. In this case the owner of the land which is mortgaged
becomes a tenant and pays the rent to the landlord till the loan is paid fully. Land is considered as
the most desired form of collateral security.
LAND REFORMS IN ODISHA

In the United Nations resolutions and reports, land reform is treated as a reform in institutional
arrangements in the existing agrarian structure. Economists like Adam Smith, Mill and Marshall
gave emphasis on tenurial arrangement as an agrarian Institution. Land reforms have been
brought to include reforms in tenurial arrangements, ceiling on land holdings, distribution of.
Ceiling surplus land and consolidation of land holdings. With a view to providing protection and
safeguard to the tenants, the State Govt, immediately after independence passed the Orissa
Tenants Protection Act in 1948. The main focus of the Act was on (1) Providing securities to
tenants and (2) Fixation of fair rent to be paid by the tenants. The provisions of this Act were
found to be of little help to the tenants because of prevalence of ex-intermediary system. Orissa
Estate Abolition Act, 1951 came into existence and the age-old barrier between the State and
tenants / riots started crumbling down. In 1955, the Orissa Tenancy Relief Act, 1955 and Orissa
Land Reform Act, 1960 came into existence for the purpose of improving the conditions of the
tenants and land holders.

MODULE 2: ORISSA ESTATE ABOLITION ACT 1951

In pursuance of Directive Principles of State Policy, in order to secure economic Justice for the
entire historic Act, that is, Odisha Estate Abolition Act, 1951 took birth. Since land was
important source of wealth, and was concentrated in the lands of few, farms were exploited in
their hands productivity of those land lands were very low, the primary Job during Post-
Independence was Agrarian Reforms.

Prior to enactment of this Act a committee (Naba Krushna Choudhury committee) on Agrarian
Reforms was formed vide GoO resolution No 7353/R Dt. 15.11.1946 and the said committed
submitted it’s report on Dt. 07.07.1949. the Estate Abolition Bill was introduced in State
Legislature on 17.01.1950 and passed on 28.09.1951. the Odisha Estate Abolition Act, 1951
came in to force on 19.02.1952.
As intermediaries were aware of the fact that their fights are going to be abolished after
independence, some illegal transfers were made. So the legislation definition was given effect
certain provision w.e.f. 1st January, 1946.

Meaning of Land Tenure

 It is the way in which land is held by an individual from the Government

 It shows the relationship between the land holder and the State
 The absolute ownership of land rests with the Government. The Government gives
proprietary rights to individuals or communities.

Background of Land Tenure

 The laws of Manu mention one sixth of the gross produce at the legitimate share of the
King. During the war and other emergencies, it was increased to one fourth.
 By Timur represented the first systematic attempt in the direction of converting the
State’s share of the produce into money. Sher-shah made some improvement. However, it
remained incomplete due to his short reign.
 Akbar by his able Finance Minister, Todarmal made certain reform. While fixing the
revenue, scientific and detailed investigation was made to assess the taxable capacity of
different soils.
 Land was carefully measured and divided into four classes representing different grades
of fertility.
 The Government’s share was fixed as one-third of the gross produce. Thus, Mughals did
not introduce any fundamental changes in the ancient revenue system but put a coherant
system in place of customary and unwritten usages of the Hindu administration.
 Malik Amber of Ahmednager made similar improvements in the Deccan. He fixed one-
third of the gross value of produce as the revenue.
 Maratha rulers continued the system. They fixed `Kamal’ or the maximum rates for the
best lands. The assessment was not permanent in majority of the cases. However, `Miras’
tenure was subject to the payment of fixed assessment.
  The system called ‘revenue farming’ was introduced in Bengal in the reign of
Farukhsiyer (1713-19). Under this system, the revenue farmer paid the Government nine-
tenth of the whole collection and kept the rest as his collection charges.
 The right of collecting land revenue for a pargana or a district was sold by public auction
to the highest bidders.
 Due to this, the exploitation of the cultivators started. The revenue farmers became more
dominant. This revenue farming system which started during the Mughal rule in Bengal
was soon extended to other parts of the country.
 In Deccan, Nana Fadanis, in the later part of the 18th Century, had introduced a revenue
system which was very efficient and equitable. It was universally recognised.The revenue
farming system even came to the Deccan.
 In Konkan, the Khots who were earlier revenue farmers acquired landlord rights. In
United Provinces and in Punjab revenue farmers succeeded in acquiring certain overlord
rights.
 The disorders in the revenue administration resulted in many complexities of land tenures
and rights.

Land Tenures under British Rule

Under British Rule, there were three main types of land tenure systems in India. They were
Zamindars, Mahalwari and Rayatwari.

Zamindari: Introduced by Lord Cornwallis in Bengal in 1786.

 Lands of a village or few villages were held by one person or few joint owners who were
responsible for payment of land revenue to the Government.
 There used to be number of intermediaries between the Zamindars and the actual tillers of
the soil. The system took were various forms such as Zamindari, Jagirdari, Inamdari, etc.
 In many cases revenue collectors were raised to the status of land owners. This system
was introduced in many parts of the country.
 In this system, tillers of the soil were exploited by way of exhorbitant rents. There were
no incentives for them to improve the land or to use better cultivation practices. There
were many other social evils of the system.
  It is said that the British introduced Zamindari system to achieve two objectives. First, it
helped in regular collection of land revenue from a few persons i.e. Zamindars. Secondly,
it created a class of people who would remain loyal to the British ruler in the country.

Post – Independence Period

 Agrarian Reforms Committee under Shri J.C.Kumarappa had given the guidelines for the
formulation of land reform policies in the independent India. The committee
recommended that
 All intermediary interest should be abolished and land should belong to the tiller;
 Leasing of land should be prohibited except in case of widows, minors and other disabled
persons.
 All the tenants who had been cultivating land for a period of 6 years should be granted
occupancy rights
 The tenants should have the right to purchase the holdings at reasonable price to be
determined by the land tribunal;
 The agrarian economy should provide an opportunity for the development of the farmers.
 Abolition of Zaminari and Intermediaries Acts;
 India’s First Five year plan – Has clearly mentioned the land policy and the specific
land reform measures to be undertaken. Most of the states passed the legislations for
abolition of zamindari and similar exploitative land tenure systems. The first act in this
respect was passed in Madras in 1948. The other states followed it. Now land tenure
systems like Zamindari, Mahalwari, Jagir, Inam, etc. are abolished in all the states in the
country.
 As a result of abolition of Zaminari and intermediaries, about 26 lakh intermediaries and
20 lakh tenants got proprietory rights of lands i.e. they became the land owners. This has
resulted in improving their economic and social conditions. The land revenue income of
the states also increased.

Tenancy Reforms

 Relation between the land holder (owner) and the actual tiller of the soil.
 The tenancy prevailed in all forms of land tenure systems including Rayatwari system.
The main reason was the increase in the population of landless labourers.
 In 1951, of the total families dependent on agriculture, as many as 23.6 per cent families
belonged to the tenant class.
 The National Sample Survey (8th round) indicated that the lands leased out varied from
11 per cent to 26 per cent of the total, in different states.
 The tenants were exploited by the land owners by way of heavy rents (50 per cent or even
2/3rd of the produce). There was no protection of tenure (evictions on minor pretexts).
Thus, there were no incentives for tenants to make land improvements or to increase
production. This necessitated enacting the legislation for tenancy reforms.
 Tenancy Acts were passed in most of the States, they provided for
o regulation of rents
o security of tenure, and
o Conferment of ownership on tenants.
 Bombay State promptly enacted the legislation as early as in 1950. As regards the
regulation of rents, different states fixed different rates. For instance, in Bombay
(Maharashtra), Gujarat and Rajasthan, one-sixth of the grass produce has been fixed as
the maximum rent; while in Punjab rent fixed is one-third of the produce.
 It was found that there were large scale evictions of tenants on the plea of resumption for
personal cultivation.
 As reported in the draft fourth five year plan, as a result of tenancy legislations in India, 3
million tenants or share croppers became the land owners. Uttar Pradesh was in the
forefront in this respect. The next state in order is Maharashtra where 13.56 lakh tenants
got the ownership rights of about 32 lakh hectares of land by September, 1992.
 Protection of tenants and regulation of rent is the first step in the tenancy reforms. The
ultimate object of the reform is “land to the tiller”. The Tenancy Acts have been moved
in that direction.
Land Tenure of Odisha

 The state of Orissa was formed on 1.4.1936. Prior to 1936 the district of Cuttack, Puri,
Balasore, Sambalpur and Angul formed the “Orissa Division of the Province of Bihar and
Orissa”.
 Taking into consideration the common cultural, social, historical and language factors
into consideration the “Division” acquired the status of a “Province” where Ganjam,
Koraput and a part of Phulbani Districts from Madras Presidency, Khariar and Madhab
Palli Station from Central Province (Present Madhya Pradesh) were transferred to the
newly formed state.
 25 number of princely states merged in the state on 1.1.1948, and finally with the merger
of Mayurbhanj on 1.1.1949 and transfer of Shareikala and Kharsuan to Bihar, the state
achieved its present geographical shape
 People of Odisha mostly dependant on Agriculture as theire source of income.

Historical Background

 Intermediary system between farmer and the king was introduced by Muslim rulers
during 12th to 13th century
 Britishers changed the mechanism of land tenure by involving various of intermediaries.
 The three broad types of tenurial contract consist of crop sharing tenancy,cost sharing
tenancy and fixed rent tenancy found in Odisha
 In crop sharing tenancy the gross produce of the land is devide between landlords and
tenants in the ratio 1:1. The share is normally fifty-fifty with little variations.
 In case of HYV type of seeds, the shares in total produce are determined including cost of
cultivation including all types of cost like labour cost and others
 In cost sharing tenancy, the cost of cultivation is partly borne by the landlords and partly
by the tenants. After bearing the cost of cultivation as per contract, the gross produce is
shared between them in the ratio 1:1.
 In case of fixed rent tenancy, the tenants pay a fixed rent for one agricultural year as
decided or contracted between the landlords and the tenants. Sometimes such contracts
are extended and spread over more than one agricultural year.
  Land mortgaging was also in practice rural Odisha
 The land tenure system of British Orissa shows that the main proprietary tenure was held
by the Zamindars.
 Under the Zamindars, large number of persons, such as Mukuddums, Sarbarakars and
Padhans aquired sub-proprietary title over lands and paid revenue through the Zamindars.
All these persons held legally recognised rights over land in different degrees during the
British regime.
 The very land tenure system has the outcome of British conquest of Orissa made the
actual cultivators into landless Agricultural proletariet.
 Under the Zamindary system of land tenure in Orissa, the estates were very often
possessed by a number of joint shareholders and subordinate proprietors with conflicting
interests.
 They were only interest in extorting from the peasants and they did not have any interest
to improve the productivity of land.
 In Orissa land tenure system between 1803 and 1951, the revenue free land owners or the
privileged tenure-holders consisting of individuals and socio-religious institutions
occupied a prominent place.
 It resulted in social evils as in most cases the proceeds of such lands were rarely devoted
to the purpose for which they were originally granted.
 Most of such rent free land owners are monasteries, temples and other institutions which
acquired a very comfortable living at the cost of poor peasants and these religious and
charitable institutions became the center of communal indulgence.
 Thus the revenue free land owners and their activities created adverse consequences in
the agrarian structure since the cultivators of these revenue-free lands could not acquire
ownership rights over such lands.

Land Reforms in Odisha

 In the United Nations resolutions and reports, land reform is treated as a reform in
institutional arrangements in the existing agrarian structure.
 Economists like Adam Smith, Mill and Marshall gave emphasis on tenurial arrangement
as an agrarian Institution.
  Land reforms have been brought to include reforms in tenurial arrangements, ceiling on
land holdings, distribution of ceiling surplus land and consolidation of land holdings.
 With a view to providing protection and safeguard to the tenants, the State Govt,
immediately after independence passed the Orissa Tenants Protection Act in 1948. The
main focus of the Act was on (1) Providing securities to tenants and (2) Fixation of fair
rent to be paid by the tenants. The provisions of this Act were found to be of little help to
the tenants because of prevalence of ex-intermediary system.
 Orissa Estate Abolition Act, 1951 came into existence and the age-old barrier between
the State and tenants / riots started crumbling down. In 1955, the Orissa
 Tenancy Relief Act,1955 and Orissa Land Reform Act,1960 came into existence for the
purpose of improving the conditions of the tenants and land holders

Short Definitions

Estate: U/s 2(g) of OEA it means any land held by or vested in an intermediary and included
under one entry in any revenue roll or any of the general registers of revenue-paying lands and
revenue free lands, prepared and maintained under the law relating to land revenue for the time
being in force or under any rule, order, custom or usage having the force of law, and includes
revenue free lands not entered in any register or revenue roll and all classes of tenures or under-
tenures & any jagir, inam or maufi or other similar grant.

Ekpaatia: U/s 3 of OEA kings the tenant paid some kind of rent which was maintained in the
records that document is referred as ekpaatia. Tenant had to file a case before tahsildar as long
with ekpaatia document that determine tenancy right. Apart from 44 acres land if any land is kept
as khas possession such land if includes buildings, offices, outhouses such land can be retained
by intermediary.

Intermediary: U/s 2(h) of OEA proprietor, sub-proprietor, landlord, land-holder, malguzar,

thikadar, gaontia, tenure-holder, under-tenure holder & includes an inamdar, a jagirdar, zamindar
etc including of the Ruler of an Indian State merged with the State of Orissa and all other holders
or owners in interest in land between the raiyat and the State.

Tenure Holder: U/s 5(1) of OEA a person who has acquired from a proprietor or another tenure-
holder, a right to hold land for the purpose of collecting rents or bring it under cultivation by
establishing tenancy on it. Section 5(5) provides that a tenant holding more than 33 acres shall be
presumed to be a tenure-holder until contrary is shown.

Intermediary interest: U/s 2(h,h) of OEA Means an estate or any rights or interest therein held
or owned by or vested in an intermediary and any reference to ‘estates’ in this Act shall be
construed as including a reference to ‘intermediary interest’ also

Homestead: U/s 2(i) of OEA Means a dwelling house used by the intermediary for the purpose
of his own residence or for the purpose of letting out on rent together with any courtyard,
compound, orchard & out buildings attached thereto & includes any tank, library & place of
worship appertaining to such dwelling house but doesn’t include building primarily used for
office or kutchery after 01.01.1946 for the administration of the estate.

Khas possession: U/s 2(j) of OEA Used w.r.t the possession of an intermediary of any land used
for agricultural or horticultural purposes. It means the possession of such intermediary by
cultivating such land or carrying horticultural operations thereon himself with his own stock or
by his own servants or by hired labour or with hired stock.

Raiyat: U/s 2(n) of OEA Means any person holding the land for the purposes of cultivation and
who has acquired the right of occupancy according to the tenancy law or rules for the time being
in force in that area, or in the absence of such law or rules, the custom prevalent in that area; As
per sub-section 2 of S.4 of OT Act, raiyat is one category of tenant. S.23 of OT Act provides
that a person holding land continuously for 12 years shall be deemed to be a settled raiyat in that
village. S.24 provides that a settled raiyat has a right to occupancy.

Trust: U/s 2(o) of OEA means a trust as defined in S.3 of the Indian Trusts act, 1882 and shall
include an express or constructive Trust existing for a public purpose of a charitable or religious
nature & a Hindu, Muslim, Christian, Buddhist or any other religious or charitable endowment.

Trust Estate: U/s 2(o,o) of OEA means an estate the whole of the net income whereof under
any trust or other legal obligation has been dedicated exclusively to charitable or religious
purposes of a public nature without any reservation of pecuniary benefit to any individual.

Date of vesting: U/s 2(f) of OEA means, in relation to an estate vested in the State the date of
publication in the Gazette of the notification under Sub-section (1) of Section 3 [or Sub-section
(1) of Section 3-A] in respect of such estate and in the case of surrender by an Intermediary
under Section 4 the date of the execution of the agreement

S.3-A. Vesting of Intermediary interest: (1) Without prejudice to the power under the last
preceding section, the State Govt may by notification declares that the intermediary interests of
all intermediaries or a class of intermediaries in the whole or a part of the estate have passed to
and become vested in the State free from all encumbrances. (2) The notification referred to in
sub-section (1) shall be published in the Gazette & on such publication shall be conclusive
evidence of the notice of the declaration to every whose interest is affected thereby.

S.5- Consequences of vesting of an estate in the State: S.5(a)- Subject to subsequent

provisions of this Chapter the entire estate including all communal lands & parambokes, other
non-raiyati lands, waste land, trees, orchads, pasture lands, forest, mines & minerals, rivers
&streams, quarries, tanks and other irrigation works, water channels, fisheries, ferries, hats and
bazars & buildings or structures together with land on which they stand shall vest absolutely in
the State Govt free from all encumbrances and such intermediary shall cease to have any interest
in such estate other than the interests expressly saved by or under the provisions of this Act. (i)
Where the Collector is satisfied in respect of the settlement or lease of any land or mines or
minerals comprised in such estate or the transfer of any kind of interests in any holding used
primarily as office or kutchery for the collection of rent of such estate or as rest houses for estate
servants on duty or as golas for storing rent in kind or part thereof, made or created at any time
after 1st day of January, 1946, that such settlement, lease or transfer was made with the object of
defeating any provision of this Act or obtaining higher compensation, thereunder, he shall power
to make enquire in respect of such settlement, lease or transfer and may after giving reasonable
notice to the parties concerned to appear & be heard, set aside any such settlement, lease or
transfer , dispossess the person claiming under it & take possession of such property in the
manner provided in clause (h) on such terms as may appear to him fair & equitable. Provided
that in case where the Collector decides not to set aside any such settlement, lease or transfer he
shall refer the cases to the BOR for confirmation of the settlement, lease or transfer & the orders
passed by the BOR in this behalf shall be final. After vesting of estates certain interest of Ex-
Intermediaries are saved expressly. Those are explain U/s6, 7, 8 including section 7-A and 8-
A.homestead Land
S.6 - Homesteads of intermediaries & buildings together with land on which such buildings
stand in the possession of intermediaries & used as golas, factories or mills before the 1st day of
January, 1946 shall notwithstanding contained in this Act, be deemed to be settled by the
Government with such intermediary & with all the share-holders owning the estate, who shall be
entitled to retain possession of such homesteads of such buildings or structures together with the
lands on which they stand, as tenants under the State Government subject to the payment of such
fair & equitable ground rent as may be determined by the Collectors in the prescribed manner.

S.7. Land in Khas Possession of Intermediary: Certain other lands in Khas Possession of
intermediaries to be retained by them on payment of rent as raiyat having occupancy raiyat on
and from the date of vesting. (j)-Khas Possession - Used w.r.t the possession of an intermediary
of any land used for agricultural or horticultural purposes Means the possession of such
intermediary by cultivating such land or carrying horticultural operations thereon himself with
his own stock or by his own servants or by hired labour or with hired stock

Sec.8 –Continuity of tenure of tenants: (1) Any person who immediately before the date of
vesting of an estate in the State Govt was in possession of any holding as a tenant under an
intermediary shall, on and from the date of vesting be deemed to be a tenant of the State
government and such person shall hold the land in the same rights and subject to the same
restrictions and liabilities as he was entitled or subject to immediately before the date of vesting.

Sec.8-A – Filling of claims U/s. 6, 7 & 8 & dispute relating thereto. On the failure filling the
claims within the period specified under this Section the provisions of Cl.(h) of section 5 shall,
notwithstanding anything to the contrary in sections 6,7 & 8, apply as if the right to possession of
the land or buildings or structures, as the case may be, had vested in the State Government by the
operation of this Act and thereupon the right to make any such claim as aforesaid shall stand
extinguished.Provided when such failure is due to pendency of proceedings in court of law
disputing validity of notification U/s 3 or 3A State Government may extend the period for filling
of the claim.

Saavik: It tells the genology of the family records and tiers where cases are instituted u/s 7,8,6 .
it also helps in finding whether the cases are resolved or not which is reflected in bandobast and
be bandobast khata before 1965
Abada Ajogya Anabadi Khata: Lands which are not fit for agriculture • River, nala, lake, sea,
water logged lands, pata jora, river bund • Hillock, mountain, stone bed, hill, hilly area • Kuda or
balikuda (sand hill)

Abada Jogya Anabadi Khata: Lands which are arable or cultivable • Patita(old or new), grassy
land, slopy land • Sandy land which is capable of agriculture • Bushy land / chot jungle •
Abandoned holdings • Surrendered holdings • Evicted land due to conversion to non agriculture
purposes u/s 8 of OLR Act. • Char & Diara lands • Lands reserved for gram panchayat, jawans •
Basti jogya lands

Salami: One-time payment for land revenue to the collector

Jabardhakal: forcibly acquiring land

Haal: present Land record

Deshahat jagir: Land of village servant

Gochara: Grazing land.

Important Terms for describing types of property

Khatas

 Rakhita khata: Lands reserved for different purposes. • Acquired vested lands but not
transferred. • Lands given as advance possession but not alienated • Lands relinquished
by departments • Lands reserved fopr various purposes under OGLS Act • Lands
transferred to Gram Panchayat • Gramya Jungle or lands reserved for village forest •
Land reserved for village, busti • Land under master plan area • Khas mahal,Nazul.
Gramkanth paramboke, abadi lands
 Sarbasadharana khata: Land used for communal purposes. • Cremation/ burial ground,
ground used for carcass disposal • Melan padia, play ground, hat padia kothaghar, akhada
grar, Dhangada-dhangadi ghar market • Temple, mosque, church gurudwar, matha,
mandap, dolabedi, bijestahali etc • GocharDanda, go-danda, gothapadia • Village road,
pucca road • Land reserved for public purposes.
MODULE 3: ODISHA LAND REFORMS ACT, 1960

Aims, Scopes and Objectives of this Act

The Odisha Land Reforms Act was an act introduced in 1960 to reform the law relating to land
tenures and to provide for matters connected therewith or incidental thereto. It was necessary to
enact a progressive legislation relating to agrarian reforms and land tenures consequent on the
gradual abolition of intermediary interest. It is expedient to confer better rights on agriculturists
to ensure increase in food production in a proper manner.

Definitions

Raiyat – Under section 2(26) of the Act, Raiyat means a person who is or is deemed to be a
raiyat under the provisions of this Act. A Raiyat is someone who has acquired a right to hold
land for the purpose of cultivating it, whether alone or by members of his family, hired servants
or partners. It is also referred to succession rights.

Tenant – Under section 2(31) of the Act, Tenant means a person who has no rights in the land of
another but under the system generally known as Bhag, Sanja or Kata or such similar expression
as under any other system, law, contract, custom or usage personally cultivates such land on
payment of rent in cash or in kind or in both or on condition of delivery to that person-

a) Either a share of produce of such land; or

b) The estimated value of a portion of the crop raised on the land; or
c) A fixed quantity of produce irrespective of the yield from the land; or
d) Produce or its estimated value partly in any of the ways described above and partly in
another.

Ceiling Area – Under section 2(37-A), the Ceiling Area in respect of a person shall be ten
standard acres. Provided that where the person is a family consisting of more than five members,
the ceiling area in respect of such person shall be ten standard acres increased by two standard
acres for each member in excess of five, so, however, that the ceiling area shall not exceed
eighteen standard acres.
It means the extent of land which a raiyat or land holder shall be entitled to hold under section
37-A.
Land – Under section 2(14), land means land of different classes used or capable of being used
for agricultural purposes and includes homestead

Classes of Land – Under section 2(5A), Classes of Land means:

 Class I – Irrigated land in which two or more crops (i)were in any year within a period of
three years before the commencement of the Orissa Land Reforms (Amendment) Act,
1973, grown or (ii) can be grown in a year.
 Class II – Irrigated land in which not more than one crop (i)was, in any year within a
period of three years before the commencement of the Orissa Land Reforms
(Amendment) Act, 1973, grown or (ii) can be grown in a year.
 Class III – Land, other than irrigated land, in which paddy (i)was, in any year within a
period of three years before the commencement of the Orissa Land Reforms
(Amendment) Act, 1973, grown or (ii) can be grown in a year.
 Class IV – Any other land

Rent – Under section 2(27), Rent means whatever is lawfully payable or deliverable in money or
in kind or in both by a tenant or a raiyat to his landlord on account of the use or occupation of the
land held by him

Fair Rent – Under section 2(9-B), it is in respect of one acre of Class I, Class II, Class III or
Class IV land means respectively eight, six, four or two standard maunds of paddy or the cash
equivalent thereof.

Land Holder – Under section 2(16), Land Holder means all holders or owners of interest in land
between the raiyat and the State and a Proprietor, Sub-proprietor, Malguzar, Thikadar, Gountia,
Tenureholder,Under-tenure-holder and includes an Inamdar, Jagirdar, Zamindar, Illaquadar,
Kharposhdar, Parganadar, Sarbarakar and Maufidar

Landlord – Under section 2(17), Landlord means a person immediately under whom land is
held by a raiyat or a tenant

Homestead – Under section 2(12), Homestead means any land, whether or not recorded as such,
ordinarily used as house-site, ancillary or incidental to agriculture
Irrigated Land – Under section 2(13), Irrigated Land means land which is assured of irrigation
from an irrigation project constructed or maintained or improved or controlled by the Central
Government or the State Government or by a body corporate established under any law for the
time being in force and includes land which is assured of irrigation from any private source by
means of lift irrigation from any perennial water source operated by diesel or electric power, but
does not include continually water-logged lands or sand-cast lands

Person under Disability – Under section 2(21), Person under Disability means –

a) widow, or an unmarried woman or a woman, who is divorced or separated from her

husband by a decree or order of a Court or under any custom or usage having the force of
law; or
b) a minor; or
c) a person incapable of cultivating land by reason of some mental or physical disability; or
d) a serving member of the Armed forces; or
e) a raiyat the total extent of whose lands held in any capacity whatsoever does not exceed
three standard acres; or
f) a raiyat the total extent of whose lands held in any capacity whatsoever for personal
cultivation after the disposal of proceedings, if any, under Chapter III does not exceed
three standard acres

Privileged Raiyat – Under section 2(24), Privileged Raiyat means –

a) a co-operative society registered or deemed to be registered under the Orissa Cooperative

Societies Act, 1962 and includes a Land Development Bank and the State Land
Development Bank as defined in that Act ;
b) “Lord Jagannath” at Puri and His Temple within the meaning of the Shri Jagannath
Temple Act, 1955 ;
c) any trust or other institution declared under this Act to have been a privileged raiyat prior
to the commencement of the Orissa Land Reforms (Amendment) Act, 1973 ;
d) any trust or other institution whose estate has been declared to be a trust estate by a
competent authority under the Orissa Estate Abolition Act, 1951 ;
 e) any other trust which is declared to be a religious or charitable trust of a public nature by
the Tribunal constituted under section 57-A ; and
f) any public financial institution

Personal Cultivation – Under section 2(22), Personal Cultivation with its grammatical
variations and cognate expressions means to cultivate on one’s own account –

a) by one’s own labour ; or

b) by the labour of any member of one’s family ; or
c) by servants or hired labour on wages, payable in cash or kind, but not in crop-share,
under one’s personal supervision or the personal supervision of any member of one’s
family ;

Standard Acre – Under section 2(30), Standard Acre means the unit of measurement of land
equivalent to one acre of Class I land, one and one half acre of Class II land, three acres of Class
III land or four and one-half acres of Class IV land.

Overriding Effect of the Act – Save as otherwise provided the provisions of this Act shall have
effect, notwithstanding anything to the contrary in any other law, custom or usage or agreement,
decree or order of Court.

Rights of Raiyat and Prohibition of Letting, Eviction of Raiyat – Section 6 of the Act talks
about Rights of Raiyat and Prohibition of Letting

1) The rights of a Raiyat in any land held by him as such shall be permanent, heritable and
transferable.
2) Notwithstanding anything in sub-section (I) but subject to the provisions of sub-section
(3) a transfer after the commencement of this Act by way of a lease of any land held by a
raiyat shall be void and inoperative.
3) It shall be lawful for a raiyat who is a person under disability or is a privileged raiyat to
lease out his lands to any tenant.

6-A) (1) Notwithstanding anything contained in sub-section (1) of section 6, but subject to
the provisions of sub-section (3) thereof, any transfer by a raiyat of any land which has been
settled with him for agricultural purposes under a permanent lease from Government shall, if
such transfer is made within a period of ten years from the date of such settlement without
obtaining the previous permission in writing of the Revenue Officer, be void.

(2) No right, title or interest held by a raiyat in any such land as aforesaid shall, unless
permission in writing is accorded by the Revenue Officer to that effect, be attached and sold in
execution of a money decree passed against such raiyat.

(3) Notwithstanding anything contained in any other law for the time being in force, where
any document required to be registered under the provisions of clause (a) to clause (e) of sub-
section (1) of section 17 of the Registration Act, 1908 purports to transfer any such land within
the period specified in sub-section (1), no registering officer appointed under that Act shall
register any such document unless such document is accompanied by the written permission of
the Revenue Officer for such transfer.

(4) Nothing in sub-section (1) or sub-section (3) shall apply to any transfer by way of
mortgage executed in favour of any scheduled bank or in favour of any bank to which the Orissa
Co-operative Societies Act, 1962 applies and nothing in sub-section (2) shall apply to a money
decree obtained by any such bank.

Eviction of Raiyat – Section 8 of the Act deals with Eviction of raiyat.

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 the land for any purpose other than agriculture.
2) A Raiyat liable to eviction under sub-section (1) shall be entitled to three months' 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 of
such notice, fails to restore the land to a condition fit for agriculture.
Rights of Tenant, Resumption of Land for personal cultivation

Resumption of Land for personal cultivation – Section 24 of the Act talks about Resumption
of tenanted lands.

1) Notwithstanding anything to the contrary in Chapter II, but subject to the conditions,
limitations and restrictions hereinafter specified the landlord and the tenant shall have the
right to the determination of the resumable and non-resumable lands in accordance with
the provisions of this Chapter and for the purposes thereof .
Explanation - Resumable land refers to the land which can be resumed for personal
cultivation by a landlord from a tenant.
2) Nothing in this Chapter shall apply in respect of lands held by a landlord who is a
privileged raiyat or a person under disability.

Extent of Resumable Lands – Section 25: The extent of resumable lands shall not be more than
one-half of the lands in respect of each tenant, measured in standard acres only.

Rights of Landlord and Tenant to apply – Section 26:

1) The landlord shall have the right to make his selection under section 25 and may within
three months from the commencement of this Act apply on the basis of such selection to
the Revenue Officer in the prescribed form and manner, with intimation of a copy of such
application to each of his tenants for the issue of a certificate specifying separately the
particulars of the resumable and the non-resumable lands.
2) A tenant may also apply to the Revenue Officer within the period aforesaid in the
prescribed form and manner, under intimation to the landlord for a determination of the
non-resumable lands in respect of his tenancy and for the issue of a requisite certificate in
that behalf
Provided that any landlord or tenant who has failed to apply within the aforesaid period,
may make such application within three months from the date of commencement of the
Orissa Land Reforms (Amendment) Act, 1966 :
Provided further that any such application made after the expiry of the period specified in
subsection (1) or sub-section (2) and before the aforesaid date shall, for all purposes, be
treated as an application filed within the period of limitation.
Tenant’s right to continue on resumable lands – Section 34:

On the determination of the resumable lands the tenant on such land shall cease to have the right
to continue in cultivation hereof with effect from the date of expiry of the year next following the
date of issue of the certificate under section 29.

Restriction of alienation of land by SCs and STs and effect of the violation

Restriction of alienation of land by SCs and STs – Section 22 of the Act:

1) Any transfer of a holding or part thereof by a raiyat, belonging to a Scheduled Tribe shall
be void except where it is in favour of –
a) a person belonging to a Scheduled Tribe or
b) a person not belonging to a Scheduled Tribe when such transfer is made with the
previous permission in writing of the Revenue Officer :

Provided that in case of a transfer by sale the Revenue Officer shall not grant such permission
unless he is satisfied that a purchaser belonging to a Scheduled Tribe willing to pay the market
price for the land is not available, and in case of a gift unless he is satisfied about the bona fides
thereof.

2) The State Government may having regard to the law and custom applicable to any area
prior to the date of commencement of this Act by notification direct that the restrictions
provided in subsection (1) shall not apply to lands situated in such area or belonging to
any particular tribe throughout the State or in any part of it.
3) Except with the written permission of the Revenue Officer, no such holding shall be sold
in execution of a decree to any person not belonging to a Scheduled Tribe.
4) Not withstanding anything contained in any other law for the time being in force where
any document required to be registered under the provisions of clause (a) to clause (e) of
sub-section (1) of section 17 of the Registration Act, 1908 purports to effect transfer of a
holding or part thereof by a raiyat belonging to a Scheduled Tribe in favour of a person
not belonging to a Scheduled Tribe, no registering officer appointed under that Act shall
register any such document, unless such document is accompanied by the written
permission of the Revenue Officer for such transfer.
 5) The provisions contained in sub-sections (1) to (4) shall apply, mutatis mutandis, to the
transfer of a holding or part thereof of a raiyat belonging to the Scheduled Caste.
6) Nothing in this section shall apply –
a) to any sale in execution of a money decree passed, or to any transfer by way of
mortgage executed, in favour of any scheduled bank or in favour of any bank to
which the Orissa Co-operative Societies Act, 1962 applies; and
b) to any transfer by a member of a Scheduled Tribe within a Scheduled Area.

Ceiling area, determination of ceiling area

Section 37A of the Act talks about Ceiling Area and Section 39 entails the principles for
determining the ceiling area.

Section 37-A: Ceiling Area –

The ceiling area in respect of a person shall be ten standard acres:

Provided that where the person is a family consisting of more than five members, the ceiling area
in respect of such person shall be ten standard acres increased by two standard acres for each
member in excess of five, so, however, that the ceiling area shall not exceed eighteen standard
acres.

Section 38: Exemptions from ceiling –

Save as otherwise provided in this section, the provisions of this Chapter shall not apply to-

a) lands held by a privileged raiyat :Provided that nothing in this clause shall apply to any
land held by a raiyat under a privileged raiyat ;
b) lands held by industrial or commercial undertakings or comprised in mills, factories or
workshops, where such lands are necessary for the use, for any non-agricultural purpose,
of such undertakings, mills, factories or work-shops:

Provided that where the said lands are not actually used within a period of five years from the
commencement of the Orissa Land Reforms (Amendment) Act, 1973, for the purpose for which
they had been set apart, the Collector may, after giving notice to the persons concerned, by order,
direct that the provisions of this Chapter shall apply to the said lands:
Provided further that the Collector may, on an application made to him in this behalf and on
being satisfied that it .is necessary or expedient so to do, extend the said period of five years by
such further period or periods as he may deem fit, so, however, that the total period of such
extension shall not exceed in any case, eight years;

c) plantations;

Section 39: Principles for determination of ceiling area –

In determining the ceiling area in respect of a person, the following principles shall be

followed, namely :-

a) homestead lands, or tanks with their embankments, or both, to the extent of three acres in
the aggregate shall not be taken into account ;
b) the transfer of any land by sale, gift or otherwise or the partition thereof by a person
during the period beginning with the 26th day of September, 1970 and ending with the
commencement of the Orissa Land Reforms (Amendment) Act, 1973 shall, if such person
was holding land on the said day in excess of the ceiling area, be deemed to be void,
anything contained in any law or agreement or in any decree or order of any Court
notwithstanding ;
bb) the lands so transferred or partitioned shall be taken into account as if the transfer or
partition had not taken effect and the Revenue Officer may, at his discretion ignore the
selection made by the person of lands to be retained in his possession ;
c) where the person is a member of a co-operative farming society, the extent of land which
he would get as his share if the land held by such society is divided shall be taken into
account;
d) lands in the possession of a tenant or a mortgage shall be deemed to be lands held by the
person.
MODULE 4: ODISHA CONSOLIDATION OF HOLDINGS AND PREVENTION OF
FRAGMENTATION OF LAND ACT, 1972

This act was provided for consolidation of holdings and prevention of fragmentation of land for
development of agriculture in the State of Odisha.

Consolidation of Holding

Consolidation of Land Holding means to bring together different pieces of land and merge
them into one land.

Land consolidation is sometimes incorrectly interpreted to be only the simple reallocation of

parcels to remove effects of fragmentation. The consolidation of fragmented holdings did result
in improved agricultural productivity but this was not the only objective of these reforms.

Land consolidation has always been regarded as an instrument or entry point for rural
development. Early concepts of rural development were virtually the same as agricultural
development because of the predominant role of agriculture in rural areas at the time. Improving
the agrarian structure was viewed as being identical to maintaining the social viability in rural
areas; what was good for the farmers was good for rural areas.

Object and Reasons, the meaning of consolidation, agriculture land, chaka, consolidation
area, fragment

Consolidation – Section 2(f) means amalgamation and re-distribution of a parcel or parcels of

land comprised in different holdings of a unit for the purpose of rendering such holdings more
compact.

Agriculture Land – Section 2(b) of the Act means land held or occupied for agriculture or for
purposes connected with agriculture and includes-

i. a house or similar structure standing over such land ancillary to agriculture; and
ii. trees, wells and other improvements existing on such land.

Chaka – Section 2(e) means a compact parcel of land allotted to a landowner or consolidation.
Consolidation Area – Section 2(g) of the Act means the village or villages in respect of which a
notification under sub-section (1) of section 3 has been issued and includes the land covered
under the explanation to clause (f).

Fragment – Section 2(m) means a compact parcel of agricultural land held by a land-owner by
himself or jointly with others comprising an area which is less than-

i. one acre in the district of Cuttack, Puri, Balasore and Ganjam and in the Anandpur
subdivision in the district of Keonjhar, and
ii. two acres in the other areas of the State

Preparation of Map and Land Register

Section 6 of the Act talks about Preparation of Map, land register and determination of valuation
and share in joint holdings

1) As soon as may be after publication of the notification under Sub-section (1) of Section 3,
the Director of Consolidation shall issue a notification constituting under and initiating
preparation of maps and land register in respect of each unit which shall be published at a
conspicuous place of the village for a period of not less than fifteen days.
2) Upon publication in the village of the notification under Sub-section (1) and subject to
the provisions hereinafter contained, the Assistant Consolidation officer shall-
a) prepare the map of each village in the consolidation area in the prescribed
manner;
b) prepare a Register known as the Land Register showing particulars of the lands,
interests therein rent and cess settled therefor and such other details as may be
prescribed;
c) determine in consultation with the Consolidation Committee the valuation of
i. lands, after taking into consideration their productivity, location,
availability of irrigation facilities and other relevant factors, if any, and
ii. houses, structures, trees, wells and other improvements existing on such
land :
d) determine the shares of individual landowners in joint holdings for the purpose of
effecting partition to ensure proper consolidation.
Explanation - The expression "Interest" shall include the rent-receiving interests of land-owner
and of the interests of tenant.

3) The valuation determined under Clause (c) of Sub-section (2) shall be approved by the
Consolidation Officer with such changes as deems necessary.
4) The Assistant Consolidation Officer-shall also prepare such other records as may be
prescribed to facilitate consolidation operation in the unit

Preparation of statement of principles – Section 8 of the Act

1) After publication of the notification under Sub-section (1) of Section 6 the Assistant
Consolidation Officer shall, in consultation with the Consolidation Committee, prepare in
respect of each unit under consolidation operations, a statement (hereinafter called the
Statement of Principles) setting forth the principles to be followed in carrying out
consolidation operations in the unit.
2) The Statement of Principles shall also contain the following details, namely :
a) specific areas, as far as they can be determined, to be ear-marked for such public
purposes and to such extent as may be prescribed; and
b) the basis on which and the extent to which the land-owners shall contribute land
for public purposes.
3) The Statement of Principles shall be approved by the Consolidation Officer with such
modifications as he deems necessary.
4) Nothing contained in the Orissa Government Land Settlement Act, 1962 (Orissa Act 33
of 1962) shall apply to lands required to be ear-marked for public purposes as aforesaid

Revision of map and land register – Section 13 of the Act

1) The map, land register and other records, if any, prepared under Section 6 shall be
revised, if necessary, on the basis of the orders passed under Sections 10, 11 and 12 and
shall be published for a period of fifteen days in the unit for information of all concerned.
2) [Deleted].
3) The map, land register and other records, if any, may thereafter be maintained from time
to time on the basis of orders passed by competent authorities under the relevant
provisions of this Act.
 4) Where in respect of any village an order is published under Subsection (1) of Section 5 at
any time after the publication of the map and land register under Sub-section (1), the map
and the record-of-rights prepared on the basis of such land register shall, for all intents
and purposes, be deemed to have been prepared under the Orissa Survey and Settlement
Act, 1958 (Orissa Act, 3 of 1959), provided they are published in the same manner as
required by Sub-section (2) of Section 22 and extracts of the record-of-rights are supplied
to the land-owners at the time of such publication.

Preparation of Consolidation Scheme

Condition to be fulfilled by Consolidation Scheme – Section 16: A Consolidation Scheme

shall fulfil the following conditions, namely:

1) a land-owner's rights and liabilities as recorded in the land register published under
Section 13 shall be secured in lands allotted to him on consolidation, subject to
deductions, if any, made on account of contributions for public purposes under this Act;
2) the valuation of lands allotted a land owner shall be equal to the valuation of lands
originally held by him subject to deductions if any, made on account of contributions for
public purposes under this Act:

Provided that with the permission of the Director of Consolidation obtained in writing, the area
of the holding or holdings allotted to a land owner shall not differ from the area of his original
holding or holdings by more than thirty three and one-third per cent of the latter;

3) the land owner shall be awarded-

a) compensation determined under this Act or the rules for the houses, structures,
trees, wells and other improvements existing on lands originally held by him and
allotted to another landowner or existing on land contributed by him for public
purposes, and
b) an amount determined as aforesaid for land contributed by him for public
purposes ;
4) the principles laid down in the Statement of principle shall be allowed;
 5) every land-owner shall, as far as practicable, be allotted a compact area at the place
where he holds the largest part of his holding ; provided that no land-owner shall be
allotted more than three "Chakas" in any unit.

Explanation - For the purposes of this clause, the expression "land-owner" shall not include-

a) a land-holder in respect of lands held by raiyats or service tenure-holders under him, and
b) a tenant
6) every land-owner shall, as far as practicable, be allotted the land or which exists his
private source of irrigation together with an area in the vicinity the value of which shall
be equal to the valuation of lands originally held by him there;
7) every land-owner shall, as far as possible, be allotted "Chakas" in conformity with the
process of rectangulation wherever such process is adopted'; and
8) such other conditions as may be prescribed.

Preparation of Provisional Consolidation Scheme – Section 17 of the Act –

1) The Assistant Consolidation Officer shall, as soon as may be after publication of the map,
land register and other records under Sub-section (1) of Section 13 and in consultation
with the Consolidation Committee prepare a Provisional Consolidation Scheme for the
unit on the basis of the map and land register published under Section 13 and as revised
under the provisions of this Act.
2) Notwithstanding anything contained in this Act or in any law for the time being in force,
it shall be lawful for the Assistant Consolidation Officer while preparing the Provisional
Consolidation Scheme, to allot to a landowner after determining its valuation, any land
belonging to the State Government and any land used for public purposes :

Provided that where any land is used for public purpose, it shall be allotted only after the
Assistant Consolidation Officer has declared in writing that it is proposed to transfer the rights of
the village community as well of all individuals in or over that land to any other land specified in
the declaration and ear-marked for that purpose in the Provisional Consolidation Scheme.
Confirmation of Provisional Consolidation Scheme – Section 21 of the Act –

1) The Director of Consolidation shall confirm the Provisional Consolidation Scheme after
the disposal of all objections and appeals relating to the unit with such modifications as
he considers necessary in the interests of proper consolidation or for giving effect to the
final order, if any, passed under Section 15.
2) The Provisional Consolidation Scheme so confirmed shall be published in the unit and
except as otherwise provided under this Act, shall be final.

Enforcement of Scheme

Entering into possession by land owner – Section 23 of the Act: On and after the date of
publication of the map and the record-of-rights under Sub-section (2) of Section 22, a land owner
shall be entitled to enter into possession of the lands allotted to him.

Compensation for houses, structures, trees, wells, etc. – Section 24 of the Act –

1) On and from the date of entering into possession, every land-owner shall pay or receive
compensation according as the valuation of houses structures, trees, wells and other
improvements existing on the lands allotted to him in the final consolidation scheme is
more or less than the valuation of such properties existing on the land originally held by
him.

Explanation - For the purpose of Sub-section (1) "compensation" shall be the difference between
valuation of houses, structures, trees, wells and other improvements existing on the lands allotted
to him under the final consolidation scheme and the valuation of such properties originally held
by him.

2) The amount of compensation determined shall be intimated to the land-owners concerned

in the prescribed manner.

Delivery of possession – Section 25 of the Act –

1) On an application made within sixty days from the date of coming into force of the final
Consolidation Scheme by the land-owner who is unable to enter into possession of the
lands allotted to him under the said Scheme, the Assistant Consolidation Officer may,
 within six months from the date of the application, put the land owner in actual physical
possession of lands so allotted, and in doing so, shall have all the powers as are
exercisable by a Civil Court in execution of decree for delivery of possession of
immovable property:

Provided that the delivery of possession as aforesaid shall not affect the right of the person from
Whom possession is transferred to tend and gather the crops standing on such lands or part
thereof on the date of the delivery unless the Assistant Consolidation Officer decides, for reasons
to be recorded, that possession of the crops shall be delivered.

2) On the expiry of six months from the date on which the land-owner becomes entitled to
enter into possession of the lands allotted to him in accordance with Section 23 or, where
an application has been duly made under Sub-section (1), on the expiry of six months
from the date of such application, the concerned land-owner shall, if he has not entered
into possession earlier, be deemed to have entered into actual physical possession of
lands to him.
3) Notwithstanding the provisions contained in Sub-section (2) where no application is
made under Sub-section (1) by a land-owner and, the Assistant Consolidation Officer has
reasons to believe the land-owner has not entered into possession of the land allotted to
him, he may, on his own motion and at any time before the issue of a notification under
Sub-section (1) of Section 41, put the landowner in actual physical possession of the
lands so allotted in the same manner and; subject to the same conditions as specified in
Sub-section (1).
4) The powers conferred on the Assistant Consolidation Officer under Sub-section (3) shall,
in like manner and in like circumstances be exercisable by the Tahasildar having
jurisdiction after the issue of notification under Sub-section (1) of Section 41.

Compensation for standing crop – Section 26 of the Act –

1) Where possession of standing crops is delivered along with the land under Section 25,
Assistant Consolidation Officer shall determine, in consultation with the Consolidation
Committee, the compensation payable in respect of such crops by the land-owner put in
possession.
Explanation - "Compensation" for this purpose shall mean the anticipated value of the standing
crop when marketable less, reasonable expenses to be incurred for harvesting and marketing of
the crop.

2) Any person aggrieved by an order under Sub-section (1) may, within thirty days from the
date of the order, prefer an appeal before the Consolidation Officer whose decision
thereon shall be final.

Recovery of compensation – Section 27 of the Act –

1) Where a land-owner from whom compensation is recoverable under this Act, falls, to pay
the same within six months from the date of intimation under Sub-section (2) of Section
24, the person entitled to receive the same may, in addition to any other mode of recovery
open to him, apply to the Collector within six months from the expiry of the aforesaid
period to recover on his behalf the amount due as if it were a public demand payable to
the State Government.
2) Interest at the rate of six per cent per annum shall be charged on the amount of
compensation remaining unpaid after expiry of the earlier period referred to in Sub-
section (1)

Reduction of rent and cess on account of contribution of land for public purpose – Section
28 of the Act says where as a result of contribution of public purposes, under the provisions of
Section 8, the valuation of the original holding of a land owner is reduced, the rent and cess
payable for the holding shall be reduced by the Assistant Consolidation Officer notwithstanding
anything contained in any other law for the time being in force, in the same proportion as the
valuation of the area so contributed bears to the original total valuation of the holding.

Amount to be paid for land contributed for public purpose – Section 29 of the Act says an
amount equal to five per cent of the market value of the land contributed for public purposes as
determined, in the prescribed manner shall be paid to the land-owner or owners concerned.

2) An amount equal to the market value of houses, structures, trees, wells, and other
improvements existing on the land contributed for public' purposes as determined under this Act
shall also be paid to the landowners concerned.
Vesting of land contributed for public purposes and allotted to State Government – Section
30 of the Act –

1) The lands set apart for public purposes under the Final Consolidation Scheme shall, with
effect from the date of coming into force of the final scheme, be utilised for the said
purposes.
2) The land allotted to the State Government under the Final Consolidation Scheme shall,
with effect from the aforesaid date, vest and be always deemed to have vested in the State
Government.
3) Where under a declaration under the proviso to Sub-section (2) of Section 17, any land
belonging to the State Government or used for public purposes is allotted to a land-
owner, the right of the village community as well as of all the individuals and of the State
Government in such lands shall cease to be attached to such land shall be attached to the
lands specified for the purpose in the Final Consolidation Scheme.

Consequences to ensue on land-owner entering into possession – Section 31 of the Act says
with effect from the date on which a land-owner enters or is deemed to have entered into
possession of the Chaka allotted to him in accordance with the provisions of this Act, the
following consequences shall ensue –

1) The right, title, interest and liabilities of every land-owner in respect of his original
holding shall cease :

Provided that where the land-owner is allotted his original holding either wholly or in part in the
Final Consolidation Scheme his right, title, interest and liability in such holding or part thereof,
as the case may be, shall remain unaffected;

2) Every landowner shall have the same right, title, interest and liabilities in the "Chaka"
allotted to him as he had in the original holding and the rights and interests of all other
persons in respect of such original holdings shall stand transferred to the said "Chaka" or
to such part thereof as specified in the Final Consolidation Scheme.
Explanation - Every such land-owner shall enjoy the benefit of irrigation existing on the land
allotted to him.

Cost of consolidation operation – Section 32 of the Act –

1) The State Government may recover as they may fix from the land-owners of the unit
towards the cost of the operations conducted under this Act :

Provided that the aforesaid amount shall not be fixed at a rate exceeding ten rupees per acre and
shall be recovered in five equal annual instalments.

2) An amount payable as costs under this section shall be recoverable as a public demand.

Prevention of Fragmentation

Prevention of fragmentation – Section 34 of the Act –

1) No agricultural land in a locality shall be transferred or partitioned so as to create a

fragment.
2) No fragment shall be transferred except to a land-owner of a contiguous Chaka :

Provided that a fragment may be mortgaged or transferred in favour of the State Government, a
Co-operative Society, a scheduled bank within the meaning of the Reserve Bank of India Act,
1934 (2 of 1934) or such other financial institution as may be notified by the State Government
in that behalf as security for the loan advanced by such Government, Society, Bank or institution,
as the case may be.

3) When a person, intending to transfer a fragment, is unable to do so owing to restrictions

imposed under Sub section (2), he may apply in the prescribed manner to the Tahasildar
of the locality for this purpose whereupon the Tahasildar shall, as far as practicable
within forty-five days from the receipt of the application determine the market value of
the fragment and sell it through an auction among the landowners of contiguous Chakas
at a value not less than the market value so determined.
[(3-a) Any person aggrieved by an order of the Tahsildar under Subsection (3) may, within sixty
days from the date of such order, prefer an appeal in the prescribed manner before the concerned
Sub-divisional Officer, whose decision thereon shall be final.]

4) When the fragment is not sold in course of the auction it may be transferred to the State
Government and the State Government shall, on payment of the market value determined
under Sub-section (3), purchase the same and thereupon the fragment shall vest in the
State Government free from all encumbrances.
5) Nothing in Sub sections (1) and (2) shall apply to a transfer of any land for such public
purposes as may be specified by notification in this behalf by the State Government.

Consequences of transfer or partition contrary to provisions of Section 34 – Section 35 of

the Act –

1) A transfer or partition in contravention of the provisions of Section 34 shall be void.

2) A person occupying or in possession of any land by virtue of a transfer or partition which
is void under the provisions of this Act, may summarily evicted by the Collector.

Revision, Closure of consolidation operations, Bar of the jurisdiction of civil court

Revision – Section 36 of the Act –

1) The Consolidation Commissioner may, on an application by any person aggrieved by any

decision of the Director of Consolidation within ninety days from the date of the
decision, revise such decision and for the said purpose, he may call for and examine the
records :

Provided that no such order shall be passed without giving the parties concerned a reasonable
opportunity of being heard.

2) All orders passed under this section shall be final and shall not be void in question in any
Court of law
Closure of consolidation operations – Section 41 of the Act –

1) As soon as may be after the final maps and the records have been prepared under Section
22, the State Government shall issue a notification to the affect that the consolidation
operations have been closed in the unit and then the village or villages forming part of the
unit shall cease to be under the consolidation operations :

Provided that the issue of a notification under this section shall not affect the operation of the
provisions contained in Chapter IV.

2) Notwithstanding anything contained in Sub-section (1), consolidation operations shall not

be deemed to have been closed in respect of case or proceeding pending under the
provisions of this Act on the date of issue of notification under Sub-section (1).
3) The orders passed by the competent authorities in matters referred to in Sub-section (2)
shall be given effect to by such authorities as may be prescribed.

Powers of Civil Court to be exercised by authorities under this Act – Section 44 of the Act –

1) The Consolidation Commissioner, Director of Consolidation, Collector, Consolidation

Officer, Assistant Consolidation Officer and Tahasildar shall have all such powers, rights
and privileges as are vested in a Civil Court in respect of the following matters in trying a
suit-
a) summoning and enforcing the attendance of witnesses and examining them on
oath, affirmation or otherwise and the issue of a commission;
b) compelling the production of documents;
c) admission of evidence by affidavit; and
d) any other matter that may be prescribed.
2) A summons signed by such officer may be substituted for and shall be equivalent to any
formal process capable of being issued in any action by a Civil Court enforcing the
attendance of witnesses and compelling the production of documents.

Jurisdiction of Courts – Section 47 of the Act says all authorities hearing any application,
appeal or revision under any of the provisions of this Act shall do so as Revenue Courts.
Bar of jurisdiction of Civil Courts – Section 51 of the Act says notwithstanding anything
contained in any other law for the time being in force, but subject to the provisions contained in
Clause (3) of Section 4 and Sub-section (1) of Section 7 –

1) all questions relating to right, title, interest and liability in land lying in the consolidation
area, except those coming within the jurisdiction of Revenue Courts or authorities under
any local law for the time being in force, shall be decided under the provisions of this Act
by the appropriate authority during the consolidation operations; and
2) no Civil Court shall entertain any suit or proceedings in respect of any matter which an
officer or authority empowered under this Act is competent to decide.

Penalty for contravening provision of the Act – Section 54 of the Act –

1) Any person contravening any provision of this Act shall be liable to pay a penalty not
exceeding five hundred rupees by an order passed by the Sub-divisional Officer of the
locality :

Provided that the Sub-divisional Officer, before passing an order levying penalty, shall give to
the person concerned a reasonable opportunity of being heard.

2) An appeal against any order passed under Sub-section (1) shall lie, if filed within thirty
days from the date of the order, to the Collector whose decision thereon shall be final.

Penalty for destruction, damage or removal of survey marks – Section 55 of the Act –

1) If any person destroys, damages or removes without lawful authority a survey or

rectangulation mark lawfully erected, he may be ordered by the Consolidation Officer to
pay such compensation not exceeding fifty rupees for each mark so destroyed, damaged
or removed as may, in the opinion of that Officer, be necessary to defray the expenses of
restoring the same and of rewarding the person, if any, who gives information of the
destruction, damage or removal.
2) An order for payment of compensation passed under Sub-section (1) shall not bar a
prosecution under Section 434 of the Indian Penal Code, 1860 (45 of 1860).
 3) An appeal against any order passed under Sub-section (1) shall lie, if filed within thirty
days from the date of the order, to the Director of Consolidation whose decision thereon
shall be final.

Penalty and compensation recoverable as public demand – Section 56 of the Act says the
penalty imposed under the provisions of this Act or the compensation ordered to be paid under
Section 55 shall be recoverable as a public demand.

MODULE 5: THE ODISHA SPECIAL SURVEY AND SETTLEMENT ACT, 2012

Introduction

State of Orissa laid the Orissa Special Survey and Settlement Act on the 28th September, 2012,
by retrospective effect on 12, July, 2012, from the first section of the Act itself. Orissa has earlier
Survey and Settlement Act, 1958. However this new legislation is in addition to the earlier Act.
But it is a prevailing Act. The Act, 2012 states that it 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. Thus, through this Act, 2012, only the Ordinance for
this Act is repealed not the earlier laws regarding survey and settlements. However, if the earlier
laws are in in- consistence with Act of 2012 this Act shall, being special, prevail.

Objectives & Definitions

The objectives of this Legislation are to achieve the survey and settlement operations in the State
of Odisha by adopting modern technology. The use of the technology shall minimize the time
often consumed by the lengthy manual survey works with its own limitation of perfection. So, it
is also the purpose of the legislation to minimise the time span assuring the quality of the work.
While doing the survey operation it is also to maintain transparency of the work by protecting the
rights of the ‘Land Holder, Raiyats and Tenants’ by providing effective framework of the
redressal including keeping open the right to redress substantive rights in the traditional forums
of the principal civil court and the constitutional court at different stages of the process.
Introduction to Modern Technology

This Act introduces the use of Modern hi-technology for the operation of survey work. The Act,
2012 includes technologies like Aerial Photography, High Resolution Satellite Imagery,
Differential Global Positioning and Electronic Total Station as ‘Modern Technology’ for the
operation of the survey.

This Act also leaves open for any other technologies, to understand ejusdem generic, that are
relevant for the purpose of survey during operation, if approved by the State Government.
Since, for doing these, technically qualified and experienced persons who can ‘measure, draw
sketch map according to the scale of the plots ’ is necessary, the Act gave scope for those
technical personals to obtain a license from the Office of the Director of Land and Survey and
become a ‘Licensed Surveyor to do the survey works. The Director publically invites
applications to enrol the name as licensed surveyor . After issuing the license, the Director sends
the list of enrolled Licensed Surveyors to the Collector of the respective districts.

Preparation of Draft Record of Right and Sketch Maps

Then the Sub-Collector makes a team which shall be consisting of an employee of Tahasil
Officer, generally to assist and oversee survey and settlement works, the Licensed Surveyor and
if any other agency or agencies, engaged by the Director. The agency is responsible for the
preparation of preliminary record of rights for revenue village or villages coming under/section
3-notification as well as preparations and services of the notice to the land owners. And the
Licensed Surveyor is included in the team by the authorisation of the District Collector out of
enrolled list of Licensed Surveyors send to him by the Director. The Director also is having the
power to authorise any other person to authorise a Licensed Surveyor . This is in short, out
sourcing the survey works to a private agency but overseeing it through an employee of the
government.

The Team takes care for preparation of the Record of Rights and Maps. While making Record of
Rights, it is duty of the team to take note of the latest ground realities of the lands and various
transactions like sale, mortgage, gift, lease, exchange, gift, sub-divisions, partitions, hereditary
devolution, if any, made there on. It is also incumbent upon the team to identify or remarket
Land of Sarbasadharan or Nazul or common. In the preparation of this preliminary Record of
Right if any claims or objections are made, such are redressed by the Tahasildar. The sketch
maps prepared by the Licensed Surveyor are also verified by the Tahasildar. And if at time, the
Tahasildar finds any discrepancies or finds the works unsatisfactory he can advise back in
writing to the Licensed Surveyor to make afresh the maps .

Publication and Hearing

The draft RoR and the Map are published in the respective revenue village or villages to invite
any claims or objections thereon A land owner can file an objection before the Additional Sub-
Collector. As noted earlier during the preparation of draft RoR and Maps, claims or objections if
any can be made before the Tahasildar before the publication, the same person in the capacity of
Additional Sub-Collector, should not hear matter after the publication, as that shall be volatile of
the principle of natural justice. This order, to reiterate, since is made exercising a quasi-judicial
power, can be judicially reviewed by the High Court and Supreme Court in the Writ jurisdiction.
The power of the Civil Court to entertain dispute till the final publication is made suspended by
the Act, 2012. However, the Act, 2012 has not as it cannot, foreclosed the judicial review power
of the writ courts.

When the case records of objections are finally disposed or when there is no objection on
publication of the draft RoR and Map, as the case may be, the team shall then go for the final
preparation of the documents. This is known as recess. In this recess period, the documents are
made fair, taking note of the decisions, compared and arranged. Since, these clerical activities
required time, a recess period is provided under the Act, 2012 before going for the final
publication. After these operations, the final publication of the RoR and Map are made The final
publications of these records are made by the Collector under his seal and signature. A person
aggrieved by this final publication, can file objection within three months before the Additional
District Magistrate. Here it is to note that, after the final publication by the Collector or District
Magistrate, objection is heard by the Additional District Magistrate. The copy of this final
publication is sent to Tahasildar as the record keeper for the collection of the revenue comes
under operation of his office. The Tahasildar updates the record as per the final publication.
Since this Act mandates to create the RoRs and Maps in digital forms, the Tahasildar is enjoined
to maintain these digital records of RORs and Maps.
Value of the Record of Right prepared under this Act

The data collected during the survey can be used by the Revenue authorities for other operations
like consolidation and land acquisition. The records prepared under this Act are conclusively
taken as true for the fact and date of final publication, as if in sometime in future, if the very
signing authority of Collector is not there, and since it is not a public document, it can be proved
by the land owner for the fact of publication. The Act,2012 also makes it mandatory for the court
to draw presumption as to the correctness of the entries of the RoR unless and until it is
disproved by the party alleging

Agency – Section 2(1)(a) means any person engaged by the Director for preparation of
preliminary record of rights.

Land Owner – Section 2(e) says Land Owner means: (i) a raiyat; (ii) a tenant; (iii) a landholder

Licensed Surveyor – Section 2(f) means a person technically qualified to measure, draw sketch
map or map according to scale of plots and holding license from the Director to carry out the
work relating to survey and settlement and such other work as may be assigned to him, from time
to time

Modern Technology – Section 2(g) includes Aerial Photography, High Resolution Satellite
imagery, Differential Global Positional System and Electronic total station system and such other
technology or method as may be approved by the State Government.

Recess – Section 2(j) means the stage during which records are prepared for the final publication
of the record of rights.

Record of Right – Section 2(k) means record of rights prepared under this Act containing the
entries of the surveyed land along with their category, ownership, nature, area and such other
matters as may be prescribed.

Revisional Survey – Section 2(l) means survey operations initiated and conducted on the basis
of the blueprint map of the cadastral survey in order to update the land records

Settlement – Section 2(m) means survey operations conducted in a district or in an area in order
to determine land revenue assessment.
Special Survey and Settlement

Intention for Survey and Settlement – Section 3 of the Act

1) The Government may, by notification, express its intention to carry out special survey
and settlement in any part or the whole of the State, in accordance with the provisions of
this Act notwithstanding anything contained in the Odisha Survey and Settlement Act,
1958.
2) Where a notification is published under sub-section (1), the Tahasildar shall publish a
proclamation to that effect in the prescribed manner.

Reorganizing ongoing survey operations – Section 4 of the Act

The Government may, by order, reorganize the ongoing survey operations in the districts
concerned or in any area, as the case may be, to bring the same in conformity with the provisions
of this Act, so far as it may be deemed necessary, in the prescribed manner and the earlier
proceedings shall not be construed to be illegal to any extent on account of the special Survey
conducted under this Act.

Survey by Modern Technology – Section 6 of the Act

1) Survey of a revenue village may be carried out by applying modern technology inclusive
of base mapping, demarcation and ground realities in accordance with the prescribed
procedure laid down in this behalf.
2) Survey operations shall be duly publicised at the local level to ensure and facilitate active
participation by the Panchayati Raj Institutions and people of the villages concerned.

Explanation — For the purpose of this section “Panchayati Raj Institution” means the Institution
of self-Government constituted under article 243B of the Constitution for the rural areas.

Consolidation to follow special survey and settlement – Section 13 of the Act

The record of rights finally published in respect of any revenue village covered by special survey
and settlement under this Act shall be taken into account for the purpose of consolidation
operations as provided in the Odisha Consolidation of Holdings and Prevention of Fragmentation
of Land Act, 1972.
License Surveyor: Grant of License, Duty of Surveyor, Dereliction Duty

Grant of License and Enrolment – Section 15 of the Act

1) The Director shall invite applications from persons desirous of being enrolled as licensed
surveyors in the manner as may be prescribed.
2) The applicant desiring for the grant of licence should possess technical qualifications and
experience as may be prescribed.
3) The Director shall enrol the qualified persons and send the list to the Collectors for use as
and when required in accordance with the guidelines issued, from time to time, in this
regard by the Government.

Duties of Licensed Surveyors – Section 16 of the Act: It shall be the duty of licensed surveyors
to –

a) prepare sketch map and map to scale as applied for by the land owners;
b) prepare map to scale as required by the Government Authority or Public Body;
c) prepare map to scale as required by the requisitioning body in the land acquisition
proceedings;
d) update maps prepared in course of cadastral and revisional surveys;
e) verify digital maps prepared through modern technology and carry out ground realities
exercises;
f) prepare record of rights in the post-mapping stage, during field survey and settlement
operations as well as facilitate updating of land records maintained in the revenue offices;
g) facilitate inter-connectivity among revenue offices;
h) prepare maps and record of rights during consolidation proceedings; and
i) perform such other incidental duties relating to survey operation and preparation of
record of rights as may be conferred by the Director or the Collector.

Fees and Remuneration – Section 18 of the Act

1) Such authority 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 services 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 surveyor 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.

Cancellation of the License – Section 19 of the Act

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.
MODULE 6: LAND ACQUISITION REHABILITATION & RESETTLEMENT ACT,
2013

The Government of India believed there was a heightened public concern on land acquisition
issues in India. Of particular concern was that despite many amendments, over the years, to
India’s Land Acquisition Act of 1894, there was an absence of a cohesive national law that
addressed fair compensation when private land is acquired for public use, and fair rehabilitation
of land owners and those directly affected from loss of livelihoods. The Government of India
believed that a combined law was necessary, one that legally requires rehabilitation and
resettlement necessarily and simultaneously follow government acquisition of land for public
purposes.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 is a legislation that regulates land acquisition and provides laid down
rules for granting compensation, rehabilitation and resettlement to the affected persons in India.
The Act has provisions to provide fair compensation to those whose land is taken away, brings
transparency to the process of acquisition of land to set up factories or buildings, infrastructural
projects and assures rehabilitation of those affected. The Act has replaced the Land Acquisition
Act, 1894, a nearly 120-year-old law enacted during British rule.

Land acquisition is a process by which the government (state or union) can acquire private land
for the purpose of infrastructure development, urbanisation or industrialisation. In return, the
government will pay a suitable compensation to the land owner, as per the market value and
would be responsible for the rehabilitation and resettlement of the affected land owners.

The Land Acquisition Act, also known as, the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013, regulates and governs the entire
process of land acquisition. The Act chalks out the provision for providing fair remuneration to
the land owners, bringing transparency to the system and directs the government to rehabilitate
those who are most affected, because of their land being taken away.

Land Bank – Under the Act, Land Bank means a governmental entity that focuses on the
conversion of the Government owned vacant, abandoned, unutilised acquired lands and tax-
delinquent properties into productive use.
Option of appropriate Government to lease – Section 104 says notwithstanding anything
contained in this Act, the appropriate Government shall wherever possible, be free to exercise the
option of taking the land on lease, instead of acquisition, for any public purpose referred to in
sub-section (1) of section 2.

Option to affected families to avail better compensation and rehabilitation and resettlement
– Section 108 of the Act

1) Where a State law or a policy framed by the Government of a State provides for a higher
compensation than calculated under this Act for the acquisition of land, the affected
persons or his family or member of his family may at their option opt to avail such higher
compensation and rehabilitation and resettlement under such State law or such policy of
the State.
2) Where a State law or a policy framed by the Government of a State offers more beneficial
rehabilitation and resettlement provisions under that Act or policy than under this Act, the
affected persons or his family or member of his family may at his option opt to avail such
rehabilitation and resettlement provisions under such State law or such policy of the State
instead of under this Act.

Share of Appreciation with Original Land Owners

Mandatory Social Impact Assessment Study

Definitions

 Affected Family – Section 3(c) includes

i. a family whose land or other immovable property has been acquired;
ii. a family which does not own any land but a member or members of such family
may be agricultural labourers, tenants including any form of tenancy or holding of
usufruct right, share-croppers or artisans or who may be working in the affected
area for three years prior to the acquisition of the land, whose primary source of
livelihood stand affected by the acquisition of land;
iii. the Scheduled Tribes and other traditional forest dwellers who have lost any of
their forest rights recognised under the Scheduled Tribes and Other Traditional
 Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) due to
acquisition of land;
iv. family whose primary source of livelihood for three years prior to the acquisition
of the land is dependent on forests or water bodies and includes gatherers of forest
produce, hunters, fisher folk and boatmen and such livelihood is affected due to
acquisition of land;
v. a member of the family who has been assigned land by the State Government or
the Central Government under any of its schemes and such land is under
acquisition;
vi. a family residing on any land in the urban areas for preceding three years or more
prior to the acquisition of the land or whose primary source of livelihood for three
years prior to the acquisition of the land is affected by the acquisition of such
land;
 Agricultural Land – Section 3(d) of the Act means land used for the purpose of –
i. Agriculture or horticulture
ii. Dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding of
livestock or nursery growing medicinal herbs;
iii. Raising of crops, trees, grass or garden produce; and
iv. Land used for the grazing of cattle;
 Appropriate Government – Section 3(e) means –
i. In relation to acquisition of land situated within the territory of, a State, the State
Government;
ii. In relation to acquisition of land situated within a Union Territory (except
Puducherry), the Central Government;
iii. In relation to acquisition of land situated within the Union Territory of
Puducherry, the Government of Union Territory of Puducherry;
iv. In relation to acquisition of land for public purpose in more than one state, the
Central Government, in consultation with the concerned State Governments or
Union Territories; and
v. In relation to the acquisition of land for the purpose of the Union as may be
specified by notification, the Central Government:
 Provided that in respect of public purpose in a District for an area not exceeding
such as may be notified by the appropriate Government, the Collector of such
District shall be deemed to be the Appropriate Government.
 Cost of Acquisition – Section 3(i) includes –
i. amount of compensation which includes solatium, any enhanced compensation
ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or
the Court and interest payable thereon and any other amount determined as
payable to the affected families by such Authority or Court;
ii. demurrage to be paid for damages caused to the land and standing crops in the
process of acquisition;
iii. cost of acquisition of land and building for settlement of displaced or adversely
affected families;
iv. cost of development of infrastructure and amenities at the resettlement areas;
v. cost of rehabilitation and resettlement as determined in accordance with the
provisions of this Act;
vi. Administrative Cost –
A. for acquisition of land, including both in the project site and out of project
area lands, not exceeding such percentage of the cost of compensation as
may be specified by the appropriate Government;
B. for rehabilitation and resettlement of the owners of the land and other
affected families whose land has been acquired or proposed to be acquired
or other families affected by such acquisition;
vii. cost of undertaking ‘Social Impact Assessment study’
 Displaced Family – Section 3(k) of the Act means any family, who on account of
acquisition of land has to be relocated and resettled from the affected area to the
resettlement area.
 Company – Section 3(j) of the Act means –
i. a company as defined in section 3 of the Companies Act, 1956 (1 of 1956) other
than a Government company;
ii. a society registered under the Societies Registration Act, 1860 (21 of 1860) or
under any corresponding law for the time being in force in a State;
 Holding of Land – Section 3(n) of the Act means the total land held by a person as an
owner, occupant or tenant or otherwise;
 Land – Section 3(p) of the Act includes benefits to arise out of land, and things attached
to the earth or permanently fastened to anything attached to the earth;
 Landless – Section 3(q) means such persons or class of persons who may be –
i. considered or specified as such under any State law for the time being in force; or
ii. in a case of landless not being specified under sub-clause (i), as may be specified
by the appropriate Government;
 Landowner – Section 3(r) of the Act includes any person –
i. whose name is recorded as the owner of the land or building or part thereof, in the
records of the authority concerned; or
ii. any person who is granted forest rights under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007)
or under any other law for the time being in force; or
iii. who is entitled to be granted Patta rights on the land under any law of the State
including assigned lands; or
iv. any person who has been declared as such by an order of the court or Authority;
 Local Authority – Section 3(s) includes a town planning authority (by whatever name
called) set up under any law for the time being in force, a Panchayat as defined in article
243 and a Municipality as defined in article 243P, of the Constitution;
 Marginal Farmer – Section 3(t) of the Act means a cultivator with an un-irrigated land
holding up to one hectare or irrigated land holding up to one-half hectare;
 Persons Interested – Section 3(x) means –
i. all persons claiming an interest in compensation to be made on account of the
acquisition of land under this Act;
ii. the Scheduled Tribes and other traditional forest dwellers, who have lost any
forest rights recognised under the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007);
iii. a person interested in an easement affecting the land;
iv. persons having tenancy rights under the relevant State laws including share-
croppers by whatever name they may be called; and
 v. any person whose primary source of livelihood is likely to be adversely affected;
 Project – Section 2(z) of the Act means a project for which land is being acquired,
irrespective of the number of persons affected
 Public purpose – Section 2(za) of the Act means the activities specified under sub-
section (1) of section 2;
 Requiring Body – Section 2(zb) means a company, a body corporate, an institution, or
any other organisation or person for whom land is to be acquired by the appropriate
Government, and includes the appropriate Government, if the acquisition of land is for
such Government either for its own use or for subsequent transfer of such land is for
public purpose to a company, body corporate, an institution, or any other organisation, as
the case may be, under lease, licence or through any other mode of transfer of land;
 Small Farmer – Section 2(ze) of the Act means a cultivator with an un-irrigated land
holding up to two hectares or with an irrigated land holding up to one hectare, but more
than the holding of a marginal farmer.

Objectives of the Act

 To ensure, in consultation with institutions of local self-government and Gram Sabhas

established under the Constitution, a humane, participative, informed and transparent
process for land acquisition for industrialization, development of essential infrastructural
facilities and urbanisation with the least disturbance to the owners of the land and other
affected families
 To provide just and fair compensation to the affected families whose land has been
acquired or proposed to be acquired or are affected by such acquisition
 To make adequate provisions for such affected persons for their rehabilitation and
resettlement
 To ensure that the cumulative outcome of compulsory acquisition should be that affected
persons become partners in development leading to an improvement in their post-
acquisition social and economic status and for matters connected therewith or incidental
thereto.

Purpose and Scope of the Act

The Act aims to establish the law on land acquisition, as well as the rehabilitation and
resettlement of those directly affected by the land acquisition in India. The scope of the Act
includes all land acquisition whether it is done by the Central Government of India, or any State
Government of India, except the state of Jammu & Kashmir.

i. States are free to enact their own legislations and policies on land acquisition, provided
provisions on resettlement and rehabilitation shall not be less than what is provided in the
Central Act (Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013).
ii. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 would apply when:
1) Government acquires land for its own use, hold and control.
2) Government acquires land with the ultimate purpose to transfer it for the use of
private companies for States public purpose. The public purpose of Act includes
public private partnership project, but excludes land acquired for stated national
highways projects.
3) Government acquires land for immediate and declared use by private companies
for public purpose.

Salient features of the Act

 This law is being enacted under the Concurrent list and the states can bring their own law
on the subject without derogating from the central law.
 The Wakf land will not be acquired under this law. The bill proposes benefits such as
land for land, housing, employment and annuities that shall accrue in addition to the one-
time cash payments for whose land is acquired.
 No land can be acquired in Scheduled Areas without the consent of the Gram Sabhas and
no one shall be dispossessed until and unless all payments are made and alternative sites
for the resettlement and rehabilitation hue been prepared.
 The bill proposed to provide compensation to those who are dependent on the land being
acquired, for their livelihood.
  To safeguard food security and to prevent arbitrary acquisition, the bill directs states to
impose limits on the area under agricultural cultivation that can be acquired.
 In case land remains unutilised after acquisition, the new bill empowers states to return
the land either to the owner or to the State Land Bank.

The land can be acquired for private projects, Public-Private Partnerships (PPPs) and for
government projects, provided it is for a public purpose. The land can be acquired only for public
purposes such as : Strategic use by the armed forces, paramilitary, state police; for national
security; for infrastructure projects, including activities listed under the department of economic
affairs (infrastructure section), excluding private hospitals, private education institutions and
private hotels; projects related to industrial corridors, mining, national investment and
manufacturing zone, sports, healthcare, tourism and space programmes; housing projects for
income groups specified by government, projects planned for development of village sites,
residential areas for lower income groups in urban areas; projects involving agro-processing,
warehousing, cold storage, marketing infrastructure, dairy, fisheries and meat processing
cooperatives.

The new law clearly stipulates the pre-condition for acquisition of the land, which are: (I) For a
private entity or a PPP project, state has to conduct a Social Impact Assessment (SIA) and an
Environmental Impact Assessment (EIA), to identify the families who would be affected if land
was acquired. (II) The private entity seeking land must then get the consent of 80 per cent of the
affected families before it gets the government to acquire land for it. In the case of PPPs, the
entity has to secure consent of 70 per cent of affected families. (III) The third condition for
getting possession of land acquired through state intervention is payment of compensation and
fulfilling of Rehabilitation and Resettlement requirements.

Compensation package under the Bill is as: Up to four times the market value in rural areas and
twice the market value in urban areas; the Bill provides compensation to those dependent on the
land for livelihood; where acquired land is sold to a third party for a higher price, 40 per cent of
the appreciated land value (or profit) will be shared with the original owners. This would be
exempt from tax and stamp duty.
Rehabilitation and Resettlement package under the Bill is inbuilt and mandatory on the part of
the government: The definition of affected family includes farm labourers, tenants, sharecroppers
and workers in the area for three years prior to acquisition. The compensation would be Rs.
5lakh or a job, if available, to the affected family, subsistence allowance of Rs. 3,000 a month for
one year; miscellaneous allowances of up to Rs. 1.25 lakh for each family.

A Land Acquisition and Rehabilitation and Resettlement Authority to be established.

Retrospective clause will be applicable in cases where no land acquisition award made. In cases
where land was acquired five years ago but no compensation has been paid or no possession
happened, the acquisition process to start again.

The Bill allows industry to take land on lease, instead of buying. But the decision rests with the
state rather than the land owner.

Irrigated farmland out of acquisition ambit for non-farm uses but state can decide to what extent
farmland should be protected. The farmer does not have any say in the matter.

However, the new law is silent over certain crucial matters such as: No guarantee of jobs in
Rehabilitation and Resettlement package; compensation calculated according to circle rates
much less than market prices; no protection to farmland; state government to decide if unused
acquired-land should be returned to the farmer or added to its land bank. This applies even if
owners return the compensation.

Acquisition of land for Private Company for Public Purpose, Request by the Private
Company to appropriate Govt for partial acquisition, Purchase by the Private Company
for Private Acquisition.

Mandatory Consultation, Process of Consultation & Social Impact Assessment

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement (RFCTLARR) Act enacted in 2013 has sought to address the long standing
popular discontent over perceived arbitrariness of state action in land acquisition matters by
creating an elaborate scheme of engagement with affected communities by incorporating the
provision of social impact assessment (SIA). To be conducted by an independent agency, the
study examines the 'public purpose' of the project, justification for the extent of land sought to be
acquired and nature and degree of potentially adverse social and economic consequences.

Further, the SIA report enumerates the project-affected families comprising of landowners,
persons dependent on the earmarked land for livelihood or those deriving livelihood from
common property resources such as forests and water bodies and prepares a calculus of their
entitlement for cash compensation and rehabilitation and resettlement benefits. All this
information is shared at the time of public hearing organised to elicit the views of affected
families and address their misgivings. The involvement of local elected representatives in the
impact study, scope for negotiations between landowners and acquiring bodies regarding cash
compensation and other benefits and the consultative basis of finalisation of the ameliorative
measures to address the adverse social impacts shows that the peoples' right to be heard is upheld
when SIA is conducted. Instead of a mere administrative tool for benefit-cost analysis of the
economic feasibility of a project, SIA is essentially an instrument for safeguarding the
Fundamental Right to Livelihood by ensuring that land is acquired after careful consideration in
a transparent and participatory manner.

Preparation of Social Impact Assessment Study – Section 4 of the Act

1) Whenever the appropriate Government intends to acquire land for a public purpose, it
shall consult the concerned Panchayat, Municipality or Municipal Corporation, as the
case may be, at village level or ward level, in the affected area and carry out a Social
Impact Assessment study in consultation with them, in such manner and from such date
as may be specified by such Government by notification.
2) The notification issued by the appropriate Government for commencement of
consultation and of the Social Impact Assessment study under sub-section (1) shall be
made available in the local language to the Panchayat, Municipality or Municipal
Corporation, as the case may be, and in the offices of the District Collector, the Sub-
Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such
manner as may be prescribed, and uploaded on the website of the appropriate
Government:
Provided that the appropriate Government shall ensure that adequate representation has
been given to the representatives of Panchayat, Gram Sabha, Municipality or Municipal
 Corporation, as the case may be, at the stage of carrying out the Social Impact
Assessment study:
Provided further that the appropriate Government shall ensure the completion of the
Social Impact Assessment study within a period of six months from the date of its
commencement.
3) The Social Impact Assessment study report referred to in sub-section (1) shall be made
available to the public in the manner prescribed under section 6.
4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other
matters, include all the following, namely:—
a) assessment as to whether the proposed acquisition serves public purpose;
b) estimation of affected families and the number of families among them likely to
be displaced;
c) extent of lands, public and private, houses, settlements and other common
properties likely to be affected by the proposed acquisition;
d) whether the extent of land proposed for acquisition is the absolute bare- minimum
extent needed for the project;
e) whether land acquisition at an alternate place has been considered and found not
feasible;
f) study of social impacts of the project, and the nature and cost of addressing them
and the impact of these costs on the overall costs of the project vis-a-vis the
benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be carried out
simultaneously and shall not be contingent upon the completion of the Social
Impact Assessment study.
5) While undertaking a Social Impact Assessment study under sub-section (1), the
appropriate Government shall, amongst other things, take into consideration the impact
that the project is likely to have on various components such as livelihood of affected
families, public and community properties, assets and infrastructure particularly roads,
public transport, drainage, sanitation, sources of drinking water, sources of water for
cattle, community ponds, grazing land, plantations, public utilities such as post offices,
fair price shops, food storage godowns, electricity supply, health care facilities, schools
 and educational or training facilities, anganwadis, children parks, places of worship, land
for traditional tribal institutions and burial and cremation grounds.
6) The appropriate Government shall require the authority conducting the Social Impact
Assessment study to prepare a Social Impact Management Plan, listing the ameliorative
measures required to be undertaken for addressing the impact for a specific component
referred to in sub-section (5), and such measures shall not be less than what is provided
under a scheme or programme, in operation in that area, of the Central Government or, as
the case may be, the State Government, in operation in the affected area.

Publication of Social Impact Assessment Study – Section 6 of the Act

1) The appropriate Government shall ensure that the Social Impact Assessment study report
and the Social Impact Management Plan referred to in sub-section (6) of section 4 are
prepared and made available in the local language to the Panchayat, Municipality or
Municipal Corporation, as the case may be, and the offices of the District Collector, the
Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in
such manner as may be prescribed, and uploaded on the website of the appropriate
Government.
2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact
Assessment report shall be made available to the Impact Assessment Agency authorised
by the Central Government to carry out environmental impact assessment:
Provided that, in respect of irrigation projects where the process of Environment Impact
Assessment is required under the provisions of any other law for the time being in force,
the provisions of this Act relating to Social Impact Assessment shall not apply.

Social Impact Management Plan, Publication: Appraisal by Expert Group, Publication of

recommendations and decision of the Govt.

Appraisal of Social Impact Assessment report by an Expert Group – Section 7 of the Act

1) The appropriate Government shall ensure that the Social Impact Assessment report is
evaluated by an independent multi-disciplinary Expert Group, as may be constituted by it.
2) The Expert Group constituted under sub-section (1) shall include the following, namely:
—
 a) two non-official social scientists;
b) two representatives of Panchayat, Gram Sabha, Municipality or Municipal
Corporation, as the case may be;
c) two experts on rehabilitation; and
d) a technical expert in the subject relating to the project.
3) The appropriate Government may nominate a person from amongst the members of the
Expert Group as the Chairperson of the Group.
4) If the Expert Group constituted under sub-section (1), is of the opinion that,—
a) the project does not serve any public purpose; or
b) the social costs and adverse social impacts of the project outweigh the potential
benefits, it shall make a recommendation within two months from the date of its
constitution to the effect that the project shall be abandoned forthwith and no
further steps to acquire the land will be initiated in respect of the same:
Provided that the grounds for such recommendation shall be recorded in writing
by the Expert Group giving the details and reasons for such decision:
Provided further that where the appropriate Government, inspite of such
recommendations, proceeds with the acquisition, then, it shall ensure that its
reasons for doing so are recorded in writing.
5) If the Expert Group constituted under sub-section (1), is of the opinion that,—
a) the project will serve any public purpose; and
b) the potential benefits outweigh the social costs and adverse social impacts, it shall
make specific recommendations within two months from the date of its
constitution whether the extent of land proposed to be acquired is the absolute
bare-minimum extent needed for the project and whether there are no other less
displacing options available:
Provided that the grounds for such recommendation shall be recorded in writing
by the Expert Group giving the details and reasons for such decision.
6) The recommendations of the Expert Group referred to in sub-sections (4) and (5) shall be
made available in the local language to the Panchayat, Municipality or Municipal
Corporation, as the case may be, and the offices of the District Collector, the Sub-
Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such
 manner as may be prescribed and uploaded on the website of the appropriate
Government.

Examination of Proposals for land acquisition and Social Impact Assessment report by
appropriate Government – Section 8 of the Act

1) The appropriate Government shall ensure that—

a) there is a legitimate and bona fide public purpose for the proposed acquisition
which necessitates the acquisition of the land identified;
b) the potential benefits and the public purpose referred to in clause (a) shall
outweigh the social costs and adverse social impact as determined by the Social
Impact Assessment that has been carried out;
c) only the minimum area of land required for the project is proposed to be acquired;
d) there is no unutilised land which has been previously acquired in the area;
e) the land, if any, acquired earlier and remained unutilised, is used for such public
purpose and make recommendations in respect thereof.
2) The appropriate Government shall examine the report of the Collector, if any, and the
report of the Expert Group on the Social Impact Assessment study and after considering
all the reports, recommend such area for acquisition which would ensure minimum
displacement of people, minimum disturbance to the infrastructure, ecology and
minimum adverse impact on the individuals affected.
3) The decision of the appropriate Government shall be made available in the local language
to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the
offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall
be published in the affected areas, in such manner as may be prescribed, and uploaded on
the website of the appropriate Government:
Provided that where land is sought to be acquired for the purposes as specified in sub-
section (2) of section 2, the appropriate Government shall also ascertain as to whether the
prior consent of the affected families as required under the proviso to sub-section (2) of
section 2, has been obtained in the manner as may be prescribed.

Preliminary Notification(11), Objection of it, Preparation of Rehabilitation and

Resettlement Scheme by Administrator (16) , Review by the Collector(17-1), Submission to
the Draft Commissioner(17-2), Public Approval of the Scheme (18), Publication of the
Draft (19) , Marking out of the Land (20), Notice to Interested Parties (21) , Enquiry And
Award by Collector, Urgency Clause

Publication of Preliminary Notification and power of officers – Section 11 of the Act

1) Whenever, it appears to the appropriate Government that land in any area is required or
likely to be required for any public purpose, a notification (hereinafter referred to as
preliminary notification) to that effect along with details of the land to be acquired in
rural and urban areas shall be published in the following manner, namely:—
a) in the Official Gazette;
b) in two daily newspapers circulating in the locality of such area of which one shall
be in the regional language;
c) in the local language in the Panchayat, Municipality or Municipal Corporation, as
the case may be and in the offices of the District Collector, the Sub-divisional
Magistrate and the Tehsil;
d) uploaded on the website of the appropriate Government;
e) in the affected areas, in such manner as may be prescribed.
2) Immediately after issuance of the notification under sub-section (1), the concerned Gram
Sabha or Sabhas at the village level, municipalities in case of municipal areas and the
Autonomous Councils in case of the areas referred to in the Sixth Schedule to the
Constitution, shall be informed of the contents of the notification issued under the said
sub-section in all cases of land acquisition at a meeting called especially for this purpose.
3) The notification issued under sub-section (1) shall also contain a statement on the nature
of the public purpose involved, reasons necessitating the displacement of affected
persons, summary of the Social Impact Assessment Report and particulars of the
Administrator appointed for the purposes of rehabilitation and resettlement under section
43.
4) No person shall make any transaction or cause any transaction of land specified in the
preliminary notification or create any encumbrances on such land from the date of
publication of such notification till such time as the proceedings under this Chapter are
completed:
 Provided that the Collector may, on the application made by the owner of the land so
notified, exempt in special circumstances to be recorded in writing, such owner from the
operation of this subsection:
Provided further that any loss or injury suffered by any person due to his wilful violation
of this provision shall not be made up by the Collector.
5) After issuance of notice under sub-section (1), the Collector shall, before the issue of a
declaration under section 19, undertake and complete the exercise of updating of land
records as prescribed within a period of two months

Hearing of Objections – Section 15 of the Act

1) Any person interested in any land which has been notified under sub-section (1) of
section 11, as being required or likely to be required for a public purpose, may within
sixty days from the date of the publication of the preliminary notification, object to—
a) the area and suitability of land proposed to be acquired;
b) justification offered for public purpose;
c) the findings of the Social Impact Assessment report.
2) Every objection under sub-section (1) shall be made to the Collector in writing, and the
Collector shall give the objector an opportunity of being heard in person or by any person
authorised by him in this behalf or by an Advocate and shall, after hearing all such
objections and after making such further inquiry, if any, as he thinks necessary, either
make a report in respect of the land which has been notified under sub-section (1) of
section 11, or make different reports in respect of different parcels of such land, to the
appropriate Government, containing his recommendations on the objections, together
with the record of the proceedings held by him along with a separate report giving therein
the approximate cost of land acquisition, particulars as to the number of affected families
likely to be resettled, for the decision of that Government.
3) The decision of the appropriate Government on the objections made under sub-section (2)
shall be final.

Preparation of Rehabilitation and Resettlement Scheme by the Administrator

1) Upon the publication of the preliminary notification under sub-section (1) of section 11
by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a
survey and undertake a census of the affected families, in such manner and within such
time as may be prescribed, which shall include—
a) particulars of lands and immovable properties being acquired of each affected
family;
b) livelihoods lost in respect of land losers and landless whose livelihoods are
primarily dependent on the lands being acquired;
c) a list of public utilities and Government buildings which are affected or likely to
be affected, where resettlement of affected families is involved;
d) details of the amenities and infrastructural facilities which are affected or likely to
be affected, where resettlement of affected families is involved; and
e) details of any common property resources being acquired.
2) The Administrator shall, based on the survey and census under sub-section (1), prepare a
draft Rehabilitation and Resettlement Scheme, as prescribed which shall include
particulars of the rehabilitation and resettlement entitlements of each land owner and
landless whose livelihoods are primarily dependent on the lands being acquired and
where resettlement of affected families is involved—
i. a list of Government buildings to be provided in the Resettlement Area;
ii. details of the public amenities and infrastructural facilities which are to be
provided in the Resettlement Area.
3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall
include time limit for implementing Rehabilitation and Resettlement Scheme.
4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be
made known locally by wide publicity in the affected area and discussed in the concerned
Gram Sabhas or Municipalities.
5) A public hearing shall be conducted in such manner as may be prescribed, after giving
adequate publicity about the date, time and venue for the public hearing at the affected
area:
Provided that in case where an affected area involves more than one Gram Panchayat or
Municipality, public hearings shall be conducted in every Gram Sabha and Municipality
 where more than twenty-five per cent. of land belonging to that Gram Sabha or
Municipality is being acquired:
Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be
in accordance with the provisions of the Provisions of the Panchayats (Extension to the
Scheduled Areas) Act, 1996 (40 of 1996).
6) The Administrator shall, on completion of public hearing submit the draft Scheme for
Rehabilitation and Resettlement along with a specific report on the claims and objections
raised in the public hearing to the Collector.

Review of Rehabilitation and Resettlement Scheme – Section 17 of the Act

1) The Collector shall review the draft Scheme submitted under sub-section (6) of section
16 by the Administrator with the Rehabilitation and Resettlement Committee at the
project level constituted under section 45.
2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his
suggestions to the Commissioner Rehabilitation and Resettlement for approval of the
Scheme.

Approved Rehabilitation and Resettlement Scheme to be made public – Section 18 of the

Act says, The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme
to be made available in the local language to the Panchayat, Municipality or Municipal
Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional
Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be
prescribed, and uploaded on the website of the appropriate Government.

Publication of Declaration and Summary of Rehabilitation and Resettlement – Section 19

of the Act

1) When the appropriate Government is satisfied, after considering the report, if any, made
under sub-section (2) of section 15, that any particular land is needed for a public
purpose, a declaration shall be made to that effect, along with a declaration of an area
identified as the ―resettlement area‖ for the purposes of rehabilitation and resettlement of
the affected families, under the hand and seal of a Secretary to such Government or of
any other officer duly authorised to certify its orders and different declarations may be
 made from time to time in respect of different parcels of any land covered by the same
preliminary notification irrespective of whether one report or different reports has or have
been made (wherever required).
2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme
along with declaration referred to in sub-section (1):
Provided that no declaration under this sub-section shall be made unless the summary of
the Rehabilitation and Resettlement Scheme is published along with such declaration:
Provided further that no declaration under this sub-section shall be made unless the
Requiring Body deposits an amount, in full or part, as may be prescribed by the
appropriate Government toward the cost of acquisition of the land:
Provided also that the Requiring Body shall deposit the amount promptly so as to enable
the appropriate Government to publish the declaration within a period of twelve months
from the date of the publication of preliminary notification under section 11.
3) In projects where land is acquired in stages, the application for acquisition itself can
specify different stages for the rehabilitation and resettlement, and all declarations shall
be made according to the stages so specified.
4) Every declaration referred to in sub-section (1) shall be published in the following
manner, namely:—
a) in the Official Gazette;
b) in two daily newspapers being circulated in the locality, of such area of which one
shall be in the regional language;
c) in the local language in the Panchayat, Municipality or Municipal Corporation, as
the case may be, and in the offices of the District Collector, the Sub-Divisional
Magistrate and the Tehsil;
d) uploaded on the website of the appropriate Government;
e) in the affected areas, in such manner as may be prescribed.
5) Every declaration referred to in sub-section (1) shall indicate,—
a) he district or other territorial division in which the land is situated;
b) the purpose for which it is needed, its approximate area; and
c) where a plan shall have been made for the land, the place at which such plan may
be inspected without any cost.
 6) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is
required for a public purpose and, after making such declaration, the appropriate
Government may acquire the land in such manner as specified under this Act.
7) Where no declaration is made under sub-section (1) within twelve months from the date
of preliminary notification, then such notification shall be deemed to have been
rescinded:
Provided that in computing the period referred to in this sub-section, any period or
periods during which the proceedings for the acquisition of the land were held up on
account of any stay or injunction by the order of any Court shall be excluded:
Provided further that the appropriate Government shall have the power to extend the
period of twelve months, if in its opinion circumstances exist justifying the same:
Provided also that any such decision to extend the period shall be recorded in writing and
the same shall be notified and be uploaded on the website of the authority concerned.

Land to be marked out, measured and planned including marking of specific areas –
Section 20 of the Act says, The Collector shall thereupon cause the land, unless it has been
already marked out under section 12, to be marked out and measured, and if no plan has been
made thereof, a plan to be made of the same.

Notice to persons interested – Section 21 of the Act

1) The Collector shall publish the public notice on his website and cause public notice to be
given at convenient places on or near the land to be taken, stating that the Government
intends to take possession of the land, and that claims to compensations and rehabilitation
and resettlement for all interests in such land may be made to him.
2) The public notice referred to in sub-section (1) shall state the particulars of the land so
needed, and require all persons interested in the land to appear personally or by agent or
advocate before the Collector at a time and place mentioned in the public notice not being
less than thirty days and not more than six months after the date of publication of the
notice, and to state the nature of their respective interests in the land and the amount and
particulars of their claims to compensation for such interests, their claims to rehabilitation
and resettlement along with their objections, if any, to the measurements made under
section 20.
 3) The Collector may in any case require such statement referred to in sub-section (2) to be
made in writing and signed by the party or his agent.
4) The Collector shall also serve notice to the same effect on the occupier, if any, of such
land and on all such persons known or believed to be interested therein, be entitled to act
for persons so interested, as reside or have agents authorised to receive service on their
behalf, within the revenue district in which the land is situated.
5) In case any person so interested resides elsewhere, and has no such agent, the Collector
shall ensure that the notice shall be sent to him by post in letter addressed to him at his
last known residence, address of place or business and also publish the same in at least
two national daily newspapers and also on his website.

Enquiry and Land Acquisition Award by Collector – Section 23 of the Act

On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector
shall proceed to enquire into the objections (if any) which any person interested has stated
pursuant to a notice given under section 21, to the measurements made under section 20, and into
the value of the land at the date of the publication of the notification, and into the respective
interests of the persons claiming the compensation and rehabilitation and resettlement, shall
make an award under his hand of—

a) the true area of the land;

b) the compensation as determined under section 27 along with Rehabilitation and
Resettlement Award as determined under section 31 and which in his opinion should be
allowed for the land; and
c) the apportionment of the said compensation among all the persons known or believed to
be interested in the land, or whom, or of whose claims, he has information, whether or
not they have respectively appeared before him.

Special Powers in case of urgency to acquire land in certain cases – Section 40 of the Act

1) In cases of urgency, whenever the appropriate Government so directs, the Collector,

though no such award has been made, may, on the expiration of thirty days from the
publication of the notice mentioned in section 21, take possession of any land needed for
 a public purpose and such land shall thereupon vest absolutely in the Government, free
from all encumbrances.
2) The powers of the appropriate Government under sub-section (1) shall be restricted to the
minimum area required for the defence of India or national security or for any
emergencies arising out of natural calamities or any other emergency with the approval of
Parliament:
Provided that the Collector shall not take possession of any building or part of a building
under this sub-section without giving to the occupier thereof at least forty-eight hours
notice of his intention to do so, or such longer notice as may be reasonably sufficient to
enable such occupier to remove his movable property from such building without
unnecessary inconvenience.
3) Before taking possession of any land under sub-section (1) or sub-section (2), the
Collector shall tender payment of eighty per cent. of the compensation for such land as
estimated by him to the person interested entitled thereto.
4) In the case of any land to which, in the opinion of the appropriate Government, the
provisions of sub-section (1), sub-section (2) or sub-section (3) are applicable, the
appropriate Government may direct that any or all of the provisions of Chapter II to
Chapter VI shall not apply, and, if it does so direct, a declaration may be made under
section 19 in respect of the land at any time after the date of the publication of the
preliminary notification under sub-section (1) of section 11.
5) An additional compensation of seventy-five per cent. of the total compensation as
determined under section 27, shall be paid by the Collector in respect of land and
property for acquisition of which proceedings have been initiated under sub-section (1) of
this section:
Provided that no additional compensation will be required to be paid in case the project is
one that affects the sovereignty and integrity of India, the security and strategic interests
of the State or relations with foreign States.

Compensation Provisions: First Scheduled, Determination of Market Value of land by

Collector and the Parameters thereof, Award of Solatium.

Determination of Market Value of land by Collector – Section 26 of the Act

1) The Collector shall adopt the following criteria in assessing and determining the market
value of the land, namely:—
a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for
the registration of sale deeds or agreements to sell, as the case may be, in the area,
where the land is situated; or
b) the average sale price for similar type of land situated in the nearest village or
nearest vicinity area; or
c) consented amount of compensation as agreed upon under sub-section (2) of
section 2 in case of acquisition of lands for private companies or for public private
partnership projects, whichever is higher:
Provided that the date for determination of market value shall be the date on
which the notification has been issued under section 11.
2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be
specified in the First Schedule.
3) Where the market value under sub-section (1) or sub-section (2) cannot be determined for
the reason that—
a) the land is situated in such area where the transactions in land are restricted by or
under any other law for the time being in force in that area; or
b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-
section (1) for similar land are not available for the immediately preceding three
years; or
c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of
1899) by the appropriate authority, the State Government concerned shall specify
the floor price or minimum price per unit area of the said land based on the price
calculated in the manner specified in sub-section (1) in respect of similar types of
land situated in the immediate adjoining areas:
Provided that in a case where the Requiring Body offers its shares to the owners
of the lands (whose lands have been acquired) as a part compensation, for
acquisition of land, such shares in no case shall exceed twenty-five per cent, of
the value so calculated under sub-section (1) or sub-section (2) or sub-section (3)
as the case may be:
 Provided further that the Requiring Body shall in no case compel any owner of
the land (whose land has been acquired) to take its shares, the value of which is
deductible in the value of the land calculated under sub-section (1):
Provided also that the Collector shall, before initiation of any land acquisition
proceedings in any area, take all necessary steps to revise and update the market
value of the land on the basis of the prevalent market rate in that area:
Provided also that the appropriate Government shall ensure that the market value
determined for acquisition of any land or property of an educational institution
established and administered by a religious or linguistic minority shall be such as
would not restrict or abrogate the right to establish and administer educational
institutions of their choice.

Determination of amount of compensation – Section 27 of the Act says, The Collector having
determined the market value of the land to be acquired shall calculate the total amount of
compensation to be paid to the land owner (whose land has been acquired) by including all assets
attached to the land.

Parameters to be considered by Collector in determination of Award – Section 28 of the Act

says, In determining the amount of compensation to be awarded for land acquired under this Act,
the Collector shall take into consideration –

Firstly, the market value as determined under section 26 and the award amount in accordance
with the First and Second Schedules;

Secondly, the damage sustained by the person interested, by reason of the taking of any standing
crops and trees which may be on the land at the time of the Collector's taking possession thereof;

Thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's
taking possession of the land, by reason of severing such land from his other land;

Fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's
taking possession of the land, by reason of the acquisition injuriously affecting his other
property, movable or immovable, in any other manner, or his earnings;
Fifthly, in consequence of the acquisition of the land by the Collector, the person interested is
compelled to change his residence or place of business, the reasonable expenses (if any)
incidental to such change;

Sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land
between the time of the publication of the declaration under section 19 and the time of the
Collector's taking possession of the land; and

Seventhly, any other ground which may be in the interest of equity, justice and beneficial to the
affected families.

Award of Solatium – Section 30 of the Act

1) The Collector having determined the total compensation to be paid, shall, to arrive at the
final award, impose a ―Solatium amount equivalent to one hundred per cent. of the
compensation amount.
Explanation.—For the removal of doubts it is hereby declared that solatium amount
shall be in addition to the compensation payable to any person whose land has been
acquired.
2) The Collector shall issue individual awards detailing the particulars of compensation
payable and the details of payment of the compensation as specified in the First Schedule.
3) In addition to the market value of the land provided under section 26, the Collector shall,
in every case, award an amount calculated at the rate of twelve per cent. per annum on
such market value for the period commencing on and from the date of the publication of
the notification of the Social Impact Assessment study under sub-section (2) of section 4,
in respect of such land, till the date of the award of the Collector or the date of taking
possession of the land, whichever is earlier.

Rehabilitation and Resettlement Awards

Rehabilitation and Resettlement Award for affected families by Collector – Section 31 of

the Act

1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family
in terms of the entitlements provided in the Second Schedule.
 2) The Rehabilitation and Resettlement Award shall include all of the following, namely:
a) rehabilitation and resettlement amount payable to the family;
b) bank account number of the person to which the rehabilitation and resettlement
award amount is to be transferred;
c) particulars of house site and house to be allotted, in case of displaced families;
d) particulars of land allotted to the displaced families;
e) particulars of one time subsistence allowance and transportation allowance in case
of displaced families;
f) particulars of payment for cattle shed and petty shops;
g) particulars of one-time amount to artisans and small traders;
h) details of mandatory employment to be provided to the members of the affected
families;
i) particulars of any fishing rights that may be involved;
j) particulars of annuity and other entitlements to be provided;
k) particulars of special provisions for the Scheduled Castes and the Scheduled
Tribes to be provided:
Provided that in case any of the matters specified under clauses (a) to (k) are not
applicable to any affected family the same shall be indicated as ―not applicable:
Provided further that the appropriate Government may, by notification increase
the rate of rehabilitation and resettlement amount payable to the affected families,
taking into account the rise in the price index.

Corrections to Award by Collector – Section 33 of the Act

1) The Collector may at any time, but not later than six months from the date of award or
where he has been required under the provisions of this Act to make a reference to the
Authority under section 64, before the making of such reference, by order, correct any
clerical or arithmetical mistakes in either of the awards or errors arising therein either on
his own motion or on the application of any person interested or local authority:
Provided that no correction which is likely to affect prejudicially any person shall be
made unless such person has been given a reasonable opportunity of making
representation in the matter.
 2) The Collector shall give immediate notice of any correction made in the award so
corrected to all the persons interested.
3) Where any excess amount is proved to have been paid to any person as a result of the
correction made under sub-section (1), the excess amount so paid shall be liable to be
refunded and in the case of any default or refusal to pay, the same may be recovered, as
prescribed by the appropriate Government.

Award of Collector when to be final – Section 37 of the Act

1) The Awards shall be filed in the Collector‘s office and shall, except as hereinafter
provided, be final and conclusive evidence, as between the Collector and the persons
interested, whether they have respectively appeared before the Collector or not, of the
true area and market value of the land and the assets attached thereto, solatium so
determined and the apportionment of the compensation among the persons interested.
2) The Collector shall give immediate notice of his awards to such of the persons interested
who are not present personally or through their representatives when the awards are
made.
3) The Collector shall keep open to the public and display a summary of the entire
proceedings undertaken in a case of acquisition of land including the amount of
compensation awarded to each individual along with details of the land finally acquired
under this Act on the website created for this purpose.

Power to take possession of land to be acquired – Section 38 of the Act

1) The Collector shall take possession of land after ensuring that full payment of
compensation as well as rehabilitation and resettlement entitlements are paid or tendered
to the entitled persons within a period of three months for the compensation and a period
of six months for the monetary part of rehabilitation and resettlement entitlements listed
in the Second Schedule commencing from the date of the award made under section 30:
Provided that the components of the Rehabilitation and Resettlement Package in the
Second and Third Schedules that relate to infrastructural entitlements shall be provided
within a period of eighteen months from the date of the award:
Provided further that in case of acquisition of land for irrigation or hydel project, being a
 public purpose, the rehabilitation and resettlement shall be completed six months prior to
submergence of the lands acquired.
2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement
process is completed in all its aspects before displacing the affected families.

Special Provisions for Scheduled Castes and Scheduled Tribes – Section 41 of the Act

1) As far as possible, no acquisition of land shall be made in the Scheduled Areas.

2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent
of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at
the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as
the case may be, shall be obtained, in all cases of land acquisition in such areas, including
acquisition in case of urgency, before issue of a notification under this Act, or any other
Central Act or a State Act for the time being in force:
Provided that the consent of the Panchayats or the Autonomous Districts Councils shall
be obtained in cases where the Gram Sabha does not exist or has not been constituted.
4) In case of a project involving land acquisition on behalf of a Requiring Body which
involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes
families, a Development Plan shall be prepared, in such form as may be prescribed,
laying down the details of procedure for settling land rights due, but not settled and
restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated
land by undertaking a special drive together with land acquisition.
5) The Development Plan shall also contain a programme for development of alternate fuel,
fodder and non-timber forest produce resources on non-forest lands within a period of
five years, sufficient to meet the requirements of tribal communities as well as the
Scheduled Castes.
6) In case of land being acquired from members of the Scheduled Castes or the Scheduled
Tribes, at least one-third of the compensation amount due shall be paid to the affected
families initially as first instalment and the rest shall be paid after taking over of the
possession of the land.
 7) The affected families of the Scheduled Tribes shall be resettled preferably in the same
Scheduled Area in a compact block so that they can retain their ethnic, linguistic and
cultural identity.
8) The resettlement areas predominantly inhabited by the Scheduled Castes and the
Scheduled Tribes shall get land, to such extent as may be decided by the appropriate
Government free of cost for community and social gatherings.
9) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in
disregard of the laws and regulations for the time being in force shall be treated as null
and void, and in the case of acquisition of such lands, the rehabilitation and resettlement
benefits shall be made available to the original tribal land owners or land owners
belonging to the Scheduled Castes.
10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes
having fishing rights in a river or pond or dam in the affected area shall be given fishing
rights in the reservoir area of the irrigation or hydel projects.
11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes
are relocated outside of the district, then, they shall be paid an additional twenty-five per
cent. Rehabilitation and resettlement benefits to which they are entitled in monetary
terms along with a onetime entitlement of fifty thousand rupees.

Reservation and other benefits – Section 42 of the Act

1) All benefits, including the reservation benefits available to the Scheduled Tribes and the
Scheduled Castes in the affected areas shall continue in the resettlement area.
2) Whenever the affected families belonging to the Scheduled Tribes who are residing in the
Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the
Sixth Schedule to the Constitution are relocated outside those areas, than, all the statutory
safeguards, entitlements and benefits being enjoyed by them under this Act shall be
extended to the area to which they are resettled regardless of whether the resettlment area
is a Scheduled Area referred to in the said Fifth Schedule, or a tribal area referred to in
the said Sixth Schedule, or not. Where the community rights have been settled under the
provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 (2 of 2007), the same shall be quantified in monetary amount
and be paid to the individual concerned who has been displaced due to the acquisition of
land in proportion with his share in such community rights.