STUDY MATERIALS MUTATION LEASE ENCROACHMENT OLR ACT

Transcription

1 WELCOME

2 STUDY MATERIALS MUTATION LEASE ENCROACHMENT OLR ACT

3 MUTATION

4 MUTATION Mutation is a fiscal proceeding. It neither creates title nor takes away title. Section 16 of the substantive provisions. OS & S Act provides the Chapter IV of the O.S. & S Rules-1962 provides the necessary procedural provisions. RORs published under the provisions of OCH & PFL Act is required to be maintained up-to-date by the Tahasildar in accordance with the provisions of the said rule.

5 RORs published u/s 13(4) of the OCH & PFL Act shall be presumed to be the RORs published under the provisions of the O.S & S Act for all intent and purpose. Mutation manual is a bunch of executive instructions. R.Is have been empowered to entertain uncontested mutation cases. The orders passed by the R.Is are required to be approved by the Tahasildar. Tahasidars/Addl. Tahasildar shall adjudicate the contested mutation cases.

6 Tahasildrs also initiate suo motu mutation proceeding on receipt of intimation from the sub Register in form No. 3. Disposal of uncontested mutation cases is covered under the Odisha Right to Public Services Act The Act prescribes 3 months time for disposal of the cases and 45 days for record correction. Revision of ROR is different ROR. from Correction of Revision of ROR relates to pre publication changes and correction of ROR relates to post final publication changes.

7 Tahsildar lacks jurisdiction to entertain mutation applications on the basis of pre-publication cause of action in view of the decisions of the Hon ble High Court reported in 1997(I) OLR-13 & 1998 (II)OLR Against the wrong recording of ROR prepared by the settlement /consolidation authorities, the party can file revision petition before the Board of Revenue. The revisional power of the Board has been delegated to different Commissioners. Against the order passed by the Tahasildar one can file appeal case before the sub-collector, within 30 days U/R 42 of the O.S. & S Rules, 1962read with paragraph- 92 of Mutation Manual.

8 Order of the Sub-collector, can be revised by the Board of Revenue U/S 32 of the O.S & S Act. read with paragraph -111 of Mutation Manual. Collector is competent to adjudicate Mutation revision cases u/r 42- A if it involves Govt. land. Once a notification is published for settlement / consolidation operation, the mutation proceedings shall stand abated. A copy of the check memo prepared by the R.I while submitting mutation cases is enclosed herewith.

9 LEASE

10 Lease means conditional settlement. Lease /Alienation of Govt. land is governed by the provisions of Oidsha Government Land Settlement Act 1962 and odisha Government Land settlement Rules Rule 11 read with schedule II of OGLS Rules specifies the powers of different authorities to sanction settlement of Government land. Alienation of Government Land from one Department of the State Government to other Departments shall be made free of cost ( Paragraph 283 of O.G.F.R)

11 Alienation of Government land in favour of the Department of the central Government shall be made on payment of capitalise value of land revenue. The Act provides reservation of government land for specific purpose ( Sect.3) Rule 4 provides the procedure for de-reservation. There is also provisions for preparation of revenue master plan in Urban areas in accordance with the provisions of Rule -3. Before settlement of Government land proclamation is required to be published in the manner as prescribed U/R 5 (5) of the OGLS Rules In any lease case it is necessary to verify.

12 Whether the suit land is free from encroachment. Whether the suit land is a forest land. Is there any sairat source over the suit land. Whether the suit land is connected with road. Whether the suit land has been leased out earlier. Is there any pending lease application relating to the suit land. Status of the adjoining plots. Is there any pending litigation relating to the suit plot.

13 Land leased out for a specific purpose can be resumed u/s 3 B of the Act if the lessee uses it in any other purpose.

14 ENCROACHMENT

15 Prevention of unauthorised occupation of Government land is regulated by the provisions of O.P.L.E Act.1972 and O.P.L.E Rules O.P.L.E Act also provides the provisions for settlement of Govt. land in favour of the landless persons and Homestead less persons. Persons unauthorisedly occupying Government land are liable to pay penalty and assessment ( Section- 6) The Tahasildar is empowered U/S-8 of the Act to pass prohibitory orders against construction or continuance of any building or structure in the manner prescribed U/R 6 (2).

16 The power of civil court is barred in view of the provisions of section 16 of the Act. The Tahasildar is empowered U/S 8(6) of the Act to issue warrant of arrest and send the encroacher to civil jail in the manner provided U/R 9 and 10. Against the order of the Tahasildr one can file appeal case before the Sub Divisional officer U/s 12(1). Collector can revise the order of the Sub Divisional officer U/s 12(2).

17 The Revenue Divisional Commissioner may call for and examine the records of any proceedings under this Act. before any officer in which no appeal or revision lies if such officers appears To have exercised a jurisdiction not vested in him by law. To have failed to exercise a jurisdiction so vested. Which acting in the exercise of his jurisdiction to have contravened some express provision of law affecting the decisions on merit.

18 OLR ACT -1960

19 A raiyat is prohibited U/S 6 of the Act. to transfer his holding by way of lease/sub-lease. Agricultural land settled with a person under a permanent lease from Government shall not be transferred within a period of 10 years from the date of sanction of lease /Settlement ( Section 6-A) The rights of a raiyat in any land held by him shall be permanent, heritable and transferable ( Section -6) Section 8(1)(C) provides that a raiyat shall be evicted if it uses the land for any purpose other than agriculture.

20 A raiyat can file application before the Authorised Officer-cum-Tahasildr for conversion of agricultural land for purpose other than agriculture u/s 8(A) of the OLR Act. It is obligatory on the part of the Tahasildar to verify that the proposed conversion shall not obstruct natural water course there by causing water logging of agricultural land in the neighbourhood and shall not obstruct water courses laid out for carrying water for irrigating agricultural holdings in the neighbourhood.

21 In a case u/s 8(A) of OLR Act. the Tahasildar is required to verify a number of aspects before allowing conversion. A copy of the enquiry report of the R.I. dealing with various aspects of law is enclosed herewith. A copy of the Notification dated is enclosed herewith indicating the rate of conversion fee to be realised from the applicants for different areas of the state. Every transfer of the holdings of a raiyat or a portion or share there of by way of sale, exchange or gift shall be made by a registered instrument ( section 11).

22 Sanction 19 of the Act. prescribes the following manner of partition among the co-sharer raiyats. Registered instrument. Decree of a court Order of the Revenue officer on mutual agreement.

23 RESTRICTION ON ALIENATION OF LAND BY SCHEDULED TRIBE (ST) & SCHEDULED CASTE(SC) PERSONS : A SOCIAL LEGISLATION

24 The section came in to force w.e.f The list of scheduled caste & scheduled tribe persons have been notified in the Constitution (Scheduled Caste) Order,1950 and Constitution (Scheduled Tribe) Order,1950 for the state. The revenue officer shall ensure that the i) applicant does not become landless after transfer ii) the transaction must be for the benefit of the applicant / families iii) The transfer must be for legal necessity. A landless person means the total holding of the family is less than one Standard acre.

25 A standard acre is defined as follows: 1 Acre of Class-I land. 1.5 Acre of Class-II land. 3.0 Acre of Class-III land. 4.5 Acre of Class-IV land. Irregular acquisition of land by the person belonging to SC/ST shall be regulated. These activates are taking place with a view to defeat the provisions of section 22 of the Act. No S.T person can transfer his land in favour of a non- ST person.

26 Any such transfer without permission in witting of the Revenue officer is void. Sub-Collector is the Revenue Officer u/s 22 of the Act. No permission will be granted unless the RO is satisfied that no willing ST person is available to pay the market value. No holding can be sold in execution of a decree of court without prior permission of the Revenue officer. It is mandatory and binding on the Registering Authority not to register any document without having any permission.

27 The above resection are applicable to SC person ( ST can not sale land to SC nor the ST to SC without permission) The term transfer has not been defined in the OLR Act. The definition contained in the Transfer of property Act,1882 shall be referred to. Board of Revenue,Odisha Cuttack has issued instruction regarding the receipt of application scrutiny, forwarding to the Tahasildar for service of proclamation inviting objection, /ADWO /DWO for filing objection and the format for report of the Tahasildar on the application as well as permission of the Sub Collector (Form A and B) u/s 22 of the OLR Act.

28 Transfer of immovable property means mortgage, with or without possession, lease, sale,gift, exchange or any other dealings with such property not being a testamentary disposition and includes a charge or contract relating to such property. Prior to the introduction of the OLR Act there were acts, rules and regulations prohibiting the transfer of land of the aboriginal tribes without the prior permission of the authorities. The details have been discussed in Board s letter No 125/ Dt A copy of the letter enclosed.

29 Regulation-2 of 1956 is applicable in scheduled areas for Scheduled Tribe person. But the restriction on alienation of SCs in this area is applicable wef:

30 THANK YOU