The Orissa Survey and Settlement Rules, 1962

 

Understanding land laws is crucial for every law student aiming to enter the Indian legal system, particularly in the context of state-specific legislations. One such vital piece of legislation is The Orissa Survey and Settlement Rules, 1962. These rules serve as a procedural guide for conducting land surveys and settlements within the state of Odisha (formerly Orissa).

In this article, we will explore the historical background, objectives, key provisions, and legal implications of these rules, along with a student-friendly breakdown and FAQs to help you master this subject effectively.

1. Historical Background of The Orissa Survey and Settlement Rules, 1962

Before India’s independence, land records were inconsistent and scattered. The need for a uniform and legally backed survey and settlement system became pressing. To address this, the Orissa Government implemented The Orissa Survey and Settlement Act, 1958, which was later supported by the Orissa Survey and Settlement Rules, 1962 to provide procedural clarity.

These rules were framed under the authority of Section 67 of the Orissa Survey and Settlement Act, 1958, and have played a vital role in land administration ever since.

2. Objectives of The Orissa Survey and Settlement Rules, 1962

The rules aim to:

  • Establish a uniform procedure for land surveys and settlements in Odisha.

  • Record accurate ownership, possession, classification, and usage of land.

  • Ensure transparency in land revenue assessment.

  • Assist in resolving land disputes through precise land demarcation.

  • Aid in preparing and maintaining Record-of-Rights (RoR) and other official registers.

3. Structure of The Orissa Survey and Settlement Rules, 1962

The rules are divided into several parts, covering the entire lifecycle of a survey and settlement operation:

A. Preliminary Provisions

These provisions define important terms like:

  • Settlement

  • Survey Officer

  • Record-of-Rights

  • Village Map

  • Field Measurement Book

They also explain the scope and application of the rules within different revenue districts and administrative units.

B. Procedure for Land Survey

The process begins with a notification issued by the government, informing landholders about the survey operations. This includes:

  • Demarcation of boundaries

  • Measurement of land parcels

  • Classification of land based on usage (e.g., agricultural, non-agricultural, barren, forested)

Survey officers are empowered to enter any land during daytime and make necessary inquiries.

C. Preparation of Records and Maps

After fieldwork, the next stage involves preparation of:

  • Village Maps

  • Khatian (RoR)

  • Field Measurement Book (FMB)

These documents are prepared with the help of local officers and revenue inspectors, ensuring the inclusion of accurate landholder information, tenant names, land rent, and land types.

D. Publication and Objections

Once the preliminary records are prepared:

  1. Draft Records are published in the village

  2. People can file objections within a specified time (usually 30 days)

  3. Objections are heard by the designated Settlement Officer

  4. Modifications, if necessary, are made before the final publication

This ensures public participation and transparency in the process.

E. Final Publication and Certification

After addressing objections, the final Record-of-Rights is published and certified. These documents become the legal basis for land ownership and can be used in civil litigation, transfer of property, and inheritance cases.

4. Key Provisions and Legal Duties

Here are some important rules and their significance:

Rule 4 – Notification of Survey

This rule mandates issuing an official notice before starting survey work. It ensures landowners are aware and can cooperate or raise concerns.

Rule 14 – Preparation of Maps and Khatians

Maps must be accurate and certified by competent authorities. These documents serve as primary evidence in land-related disputes.

Rule 21 – Publication of Draft Records

Draft records must be published at village offices, ensuring public awareness and an opportunity for objections.

Rule 28 – Corrections and Appeals

Parties aggrieved by settlement decisions can file appeals. This ensures the principle of natural justice.

5. Legal Significance of The Orissa Survey and Settlement Rules, 1962

For legal aspirants and young lawyers, understanding the practical significance of these rules is essential:

  • They serve as procedural law governing the implementation of the Survey and Settlement Act.

  • These rules empower revenue officials with quasi-judicial functions, allowing them to resolve disputes locally.

  • Records prepared under these rules are admissible in courts as primary documentary evidence.

  • They form the basis for land revenue administration, taxation, compensation, and development planning.

6. Importance for Law Students and Legal Practitioners

For students preparing for Odisha Judicial Services, OPSC, or other competitive law exams, The Orissa Survey and Settlement Rules, 1962 is a key area of focus. Here's why:

  • Questions on procedural aspects are often asked in prelims and mains exams.

  • Understanding the rules helps in land law cases and property disputes.

  • Knowledge of RoR and map preparation procedures is crucial for civil litigation practice.

7. Challenges and Reforms

Despite their usefulness, these rules face challenges:

  • Lack of technological integration in mapping and record preparation.

  • Delay in updating records post land transfers.

  • Overburdened revenue staff and lack of awareness among villagers.

Suggested reforms include:

  • Digitization of records under the Digital India Land Records Modernization Programme (DILRMP).

  • Training programs for local officers.

  • Awareness campaigns in rural areas.

8. Frequently Asked Questions (FAQs)

Q1: What is the main purpose of The Orissa Survey and Settlement Rules, 1962?

To provide a uniform and legally backed procedure for conducting land surveys and preparing Record-of-Rights in Odisha.

Q2: Are these rules applicable to tribal areas in Odisha?

Yes, but with special considerations under the Scheduled Areas provisions and tribal land protection laws.

Q3: Can the Record-of-Rights be challenged in court?

Yes. If someone feels aggrieved by the entries, they can challenge them through appeals or civil suits.

Q4: How does this rule relate to the Indian Evidence Act?

Under the Indian Evidence Act, certified records like the RoR prepared under these rules are presumed to be genuine evidence unless proved otherwise.


Conclusion

The Orissa Survey and Settlement Rules, 1962 form the backbone of land governance in Odisha. For law students and legal aspirants, a deep understanding of these rules not only aids in examinations but also prepares you for handling real-world property disputes. The rules reflect the state’s effort to bring transparency, legal sanctity, and administrative efficiency into land management — a cornerstone of Indian civil law.

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