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STUDY
MATERIALS
MUTATION
LEASE
ENCROACHMENT
OLR ACT
MUTATION
 MUTATION
Mutation is a fiscal proceeding. It neither creates title nor
takes away title.
 Section 16 of the OS & S Act. 1958 provides the
substantive provisions.
Chapter IV of the O.S. & S Rules-1962 provides the
necessary procedural provisions.
RORs published under the provisions of OCH & PFL Act.
1972 is required to be maintained up-to-date by the
Tahasildar in accordance with the provisions of the said
rule.
RORs published u/S 13(4) of the OCH & PFL Act. 1972
shall be presumed to be the RORs published under the
provisions of the O.S & S Act. 1962 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.
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. 2012.
The Act prescribes 3 months time for disposal of the
cases and 45 days for record correction.
“Revision of ROR” is different from “Correction of
ROR”.
 Revision of ROR” relates to pre publication changes
and ” correction of ROR” relates to post –final
publication changes.
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 -495.
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.
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.
LEASE
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
1983.
Rule 11 read with schedule –II of OGLS Rules. 1988
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)
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 1983.
In any lease case it is necessary to verify.
 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.
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.
ENCROACHMENT
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 1985.
O.P.L.E Act. 1972 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).
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).
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.
OLR ACT -1960
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.
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.
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 21.09.2004 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) .
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.
 RESTRICTION ON
ALIENATION OF LAND BY
SCHEDULED TRIBE (ST) &
SCHEDULED CASTE(SC)
PERSONS :
A SOCIAL LEGISLATION
The section came in to force w.e.f 01.10.65.
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 .
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.
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.
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.
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. 6.4.76. A copy of
the letter enclosed.
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: 1.10.65.
THANK YOU