MODULE 3

Odisha Land Reforms Act 1960

• AN ACT TO REFORM THE LAW RELATING TO LAND
TENURES AND TO PROVIDE FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL
THERETO.
• WHEREAS it is necessary to enact a progressive
legislation relating to agrarian reforms.
• The Orissa Land Reforms Act provides for :(1) fixation of
fair rent at Its actual or estimated gross produce.
• (2) fixity of tenure subject to resumption of half the leased
area by the owner for personal cultivation on application to
be made within 3 months of the commencement of the Act;
• (3) transfer of ownership to tenants in respect of non-
resumable lands on payment of compensation equal to 10
times the fair rent and payable in 5 instalments
• (4) ceiling at 20 standard acres (one standard acre varies from 1
to 4 acres according to class of land).
• The provisions of the legislation were considered thrice in the
Central Committee for Land Reforms.
• The Deputy Chairman of the Planning Commission visited
Orissa in 1960 for on-the-spot discussions.
• A number of important suggestions were agreed upon between
the Deputy Chairman and the Orissa Government relating to
security of tenure, definition of 'personal cultivation',regulation of
surrenders, rent, conferment of ownership upon tenants and
 regulation of transfers and partitions.
Some of these suggestions have been provided in the
Orissa Land Reforms Act.
• The main work of implementation of land reforms in
Orissa would commence when the law relating to ceilings
on holdings and comprehensive tenancy reform is
enforced.
• Orissa Land Reforms Act which was passed in 1960
contains provisions for ceiling and tenancy reform.
• However, as there were a number of shortcomings in the
law. it was decided not to enact it pending suitable
amendments.
• The amendment proposed by the Orissa Government to
the Orissa Land Reforms Act, I960 were considered at an
informal meeting at Bhubaneshwar on August 13, 1960
and the following conclusions were reached: —
• Ceiling on holdings Level of Ceiling :It is
proposed to lower the ceiling to 20 standard
acres for a family of five members.
• Allowance will be made at one standard acre
for every additional member of a family
exceeding five subject to a maximum of three
standard acres over the ceiling area.
• The proposals for the modification of the definitions of the
expressions “standard acre”, “perennially irrigated land” and
“seasonally irrigated land” now proposed were agreed to.
• Transfers
• It was agreed that all transfers made after January 1. 1958
(a) among the members of a family and (b) benami transfers
and other transfers which had not been made for valuable
consideration and through a registered document should be
totally disregarded in computing the surplus area of the
transferer and the surplus so determined should be taken
from the transferer and/or the transferee as may be
necessary.
Exemptions : It was explained that there were no
coffee, tea or rubber plantations and it was
not,therefore, necessary to make provision for their
exemption. It was also explained that there were no
arecanut plantations. It was agreed that sugarcane
farms owned by sugar factories would be totally
 exempted from ceiling and the outside limit of two
ceiling area would not be applicable to them.
With regard to lands held by cooperative farming
societies it was agreed that while the lands held by a
society as such would be exempted, the share of an
individual it the lands of the society will be taken into
account in computing his ceiling area.
• Acquisition and disposal of surplus land : The proposal for
the State acquisition of surplus land was agreed to.
• As regards disposal of surplus land, a suggestion was
made that all surplus lands should be settled only with
cooperative farming societies of landless agricultural
workers ejected tenants and small holders and pending
formation of such societies, the land could be given on a
temporary lease.It was agreed that unless a provision
was made on these lines, the preference in favour of
cooperative farming societies would remain inoperative in
practice.
 The proposal for payment of compensation to landholders
for the surplus lands in 10 annual instalments was agreed
to.
Penalty :The proposal for penalties to ensure submission of
the prescribed returns was agreed to.
• Tenancy Reforms Rents : Proposal of commutation of
produce rents into cash on the basis of 2 maunds of
paddy for dry land. 4 maunds for rainfed land, 6 maunds
for seasonally irrigated land and 8 maunds for perennially
irrigated land was agreed to.
• Security of Tenure Surrender : It was agreed that the
provision would be made for regulation or surrenders as
follows:-(I) every surrender shall be registered with the
revenue officer;
• even where a surrender is permitted by a revenue officer,
the landlord shall be permitted to occupy the surrendered
land if he is entitled to resume and to the extent he is
entitled to resume the land under the law of resumption for
personal cultivation.
• (ii) any surrendered land which a landlord is not permitted
to occupy shall be declared surplus land and vested in the
Government on payment of compensation at rates
applicable to surplus lands above the ceiling.
• Resumption : With regard to resumption, it was felt that
the proposals for resumption would lead to too much
fragmentation and would leave very little land with tenants
for cultivation. Tenants should be permitted to retain a
larger proportion of the area and they could be charged
compensation for the lands which they are permitted to
retain.
• (i) In view of the long period that has elapsed, it should be
reconsidered whether, landlords owning more than a
 family holding should be allowed to resume any land;
(ii) The right of landlords owning between a basic holding
and a family holding, should be limited to half of the area
owned (including the lands already under cultivation);
(iii) In the case of landlords owning a basic holding or less
the provisions should be liberalized further;
(iv) In order to avoid abuse of the provisions for resumption
all transfers and partitions made after 1st January, 1958
should be disregarded for purposes of determining
resumable and non-resumable lands.
CHAPTER I
• S1. Short title, extent and commencement -
• (1) This Act may be called the Orissa Land Reforms Act,
1960.
• (2) It extends to the whole of the State of Orissa.
• (3) It shall come into force in whole or in part, on such
date or dates as the Government may from time to time
by notification appoint; and different dates may be
appointed for different provisionsof this Act.
• Sec2(1) :“agriculture” includes the raising of crops, grass or
garden produce, horticulture, diary farming, breeding and
keeping of live-stock and use of land as pasture or for forest or
for any other purpose where such is ancillary to agriculture.
• (3) ‘Armed Forces’ means the Military, Naval or Air Force of the
Union ;
• Sec2(4):‘Basic holding’ means an area of land measuring two
standard acres .(1 Acre =0.4047 Hectares)
• Sec2(5):‘celling area’ means the extent of land which a raiyat or
land-holder shall be entitled to hold under section 37-A;
• Sec2(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 Refore (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.
• Explanation – For the purposes of this clause tanks, coconut
gardens and orchards (except orchards growing banana), shall
be deemed to be Class III land;
• (9-a) ‘fair and equitable rent’ in respect of any land means cash
rent payable by raiyats for similar lands with similar advantages
in the vicinity ;
• (9-b) ‘fair rent’ 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.
• Explanation I - The Cash equivalent of paddy shall be calculated
on the basis of the market value of paddy as may be declared
every year with respect to different areas by Government by
notification in that behalf ;
• Explanation II – For the purposes of conversion, one maund
shall be equal to 37.3242 kilograms.

• Sec 2(11) ‘holding’ means a parcel or parcels of land forming the

subject of a separate tenancy.
• Sec 2 (12) ‘homestead’ means any land, whether or not
recorded as such, ordinarily used as house-site, ancillary or
incidental to agriculture .
• Sec 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 ;
• Sec 2 (14) ‘Land means land of different classes used or
capable of being used for agricultural purposes and
includes homestead .
• Sec 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 ;
• Sec 2 (17) ‘Landlord’ means a person immediately under
whom land is held by a raiyat or a tenant ;
• Explanation I – A raiyat or a tenant shall be deemed to be
a landlord in relation to the tenant or tenants immediately
under him ;
• Explanation II – Government shall be deemed to be the
landlord in respect of the lands held directly under them
either by a raiyat or a temporary lessee or a tenant ;
• Sec 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 :
• Provided that in the case of a person covered by any of
the sub-clauses (a), (b) or (c) a certificate has been
obtained in accordance with the provisions of this Act, to
the effect that such person is incapable of cultivating the
land personally ;
• Provided further that a certificate as aforesaid shall not be
granted to a person who is subject to any physical
disability if he has any source of income (other than land)
as may be prescribed ;
• Explanation – In computing the extent of lands for the purposes
of sub-clause (e) or (f) lands covered by homestead, orchards
and tanks shall not be taken into account ;
• S2(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 ;
• Explanation – ‘family’ in relation to an individual, means the
individual, the husband or wife, as the case may be, of such
individual and their children, whether minor or major ;
• Sec 2 (24) “priviledged raiyat” means –
(a) a co-operative society registered or deemed to be registered
under the Orissa Co operative 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 ;
• Sec 2 (25) ‘public financial institution’ means –
• (i) a banking company within the meaning of the Banking
Regulation Act, 1949 ;
• (ii) the State Bank of India constituted under the State
Bank of India Act, 1955 ;
• (iii) a subsidiary bank within the meaning of the State Bank
of India (Subsidiary Banks) Act, 1959 ;
• (iv) a corresponding new bank within the meaning of the
Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 ;
• (v) the Agricultural Refinance Corporation established
under the Agricultural Refinance Corporation Act, 1963 ;
• (vi) the Industrial Development Bank of India established
under the Industrial Development Bank of India Act,1964 ;
• (vii) the Industrial Finance Corporation of India
established under the Industrial Finance Corporation Act,
1948 ; and
• (viii) the Orissa State Financial Corporation established
under the State Financial Corporation Act, 1951 ;
• Sec 2 (26) ‘raiyat’ means a person who is or is deemed to
be a raiyat as such under the provisions of this Act ;
• Sec 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.
• Sec 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.
Explanation – For the purposes of conversion, one acre shall
be equal to 0.4047 hectare ;
• Sec 2 (31) ‘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 the 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 ;
• (32) ‘vested estate’, ‘date of vesting’ and similar other
expressions refer to an estate which has vested in the
State of Orissa under the Orissa Estates Abolition Act,
1951 ;
• (33) ‘year’ means the agricultural year commencing on
the first day of April ;
• (34) words and expressions used in this Act but not
defined shall have the same meaning as assigned to
them in the Tenancy Acts, Laws, Rules, Regulations,
customs or usage in force in any part of the State of
Orissa and the Transfer of Property Act, 1882 as the
case may be.
• Sec 4: Raiyats - (1) The following persons shall be deemed to
be raiyats for the purposes of this Act in respect of the lands held
by them, namely :
• (a) persons holding lands immediately before the
commencement of this Act or at any time thereafter with rights of
occupancy under or within the meaning of any law for the time
being in force ;
• (b) a raiyat in the districts of Angul and Khondmals within the meaning of
the Angul Laws Regulation, 1936 and the Khondmals Laws Regulation,
1936, Respectively ;
• (c) a raiyat in a raiyatwari village in the Sambalpur or Bargarh subdivision
of the district of Sambalpur within the meaning of Central Provinces Land
Revenue Act, 1881 ;
• (d) a person who, under an inamdar of an inam which is not an estate
within the meaning of the Madras Estates Land Act, 1908 whether or not
such inam has vested in the State, in the districts of Ganjam and Koraput
or the subdivision of Baliguda holds land in such inam with heritable and
transferable rights therein ;
• (e) the holder of a raiyatwari patta under the raiyatwari settlement in the
districts of Ganjam and Koraput and in Baliguda subdivision of Boudh
district ;
• (h) subject to the provisions of sub-sections (2),(3) and (4),
persons who are temporary lessees in personal cultivation of
lands in the vested estates held under Government for
agricultural purposes, persons who are in personal
cultivation of such lands held either mediately or immediately
under such temporary lessees and the successor-in-interest
of any such persons ;
• Provided that nothing in this clause shall apply to char or diara
lands or lands held under the custom of Utabandi or similar other
customs ;
• (i) Subject to the provisions of sub-sections (5) to (8) persons
who are in personal cultivation of any land and recorded as sub-
tenants or under-raiyats in respect of such land in the record-of-
rights under any law in force in any part of the State and their
successors-in-interest :
• Provided that nothing in this clause shall apply to persons who
are recorded as sub-tenants or under-raiyats after the 30th day
of September, 1965 or to their successors-in interest if the land
in respect of which they have been so recorded belongs to a
person under disability or to a privileged raiyat.
• 4(2) The Revenue Officer, on an application in that behalf in the
prescribed form and manner by a person referred to in clause (h)
of sub-section (1) made not later than ninety days from the
commencement of this Act or within such further period not
exceeding thirty days as such officer in his discretion allows,
may after such enquiry as may be necessary, by order declare
that such person shall be a raiyat holding immediately under
Government in respect of the land held as specified in the said
clause with effect from the beginning of the year next following
the date of the order .
• Provided that any such person as aforesaid, who has
failed to make an application within the said period, may
make such application within ninety days from the date of
commencement of the Orissa Land Reforms(Amendment)
Act, 1966 .
• Provided further that any such person as aforesaid who
has failed to make an application within any of the periods
specified in this sub-section may make such application
within a period of two yearsfrom the commencement of the
Orissa Land Reforms (Amendment) Act, 1973 .
• Provided further that any such application made after the expiry of
the period specified in this sub-section and before the aforesaid
date shall, for all purposes, be treated as an application filed
within the period of limitation :
• Provided further that an application under this sub-section may, if
it relates to any land situate in an estate vested in the
Government after the 30th day of September, 1965, be filed within
two years from the date of commencement of the Orissa Land
Reforms (Second Amendment) Act, 1975 or the date of vesting of
the estate, whichever is later.
• (3) While making an order under sub-section (2) the Revenue
Officer shall determine the premium in respect of the raiyati right
to be so acquired to be paid to Government which shall be an
amount calculated at the rate of eight hundred rupees per
standard acre of the land.
• (4) The premium determined under sub-section (3) shall be
payable in five equal annual instalments on such dates as may
be fixed by the Revenue Officer and the amount of premium or
any portion thereof remaining unpaid shall be recoverable as
arrears of land revenue.
4(5) The Revenue Officer, on an application in that behalf in the
prescribed form and manner by the sub-tenant or under-raiyat or
the successor-in-interest as the case may be, referred to in clause
(i) of sub-section (1) made not later than ninety days from the
commencement of this Act or within such further period not
exceeding thirty days as such officer in his discretion allows, may,
after such enquiry as may be necessary, by order declare such
sub-tenant or under-raiyat or-successor-in-interest to be a raiyat in
respect of the land referred to in the said clause with effect from
the beginning of the year next following the date of the order.
• Provided that any such sub-tenant or under-raiyat who has failed
to make an application within the said period, may make such
application within ninety days from the date of commencement of
the Orissa Land Reforms (Amendment) Act, 1966.
• Provided further that any such sub-tenant or under-raiyat who
has failed to make such application within any of the periods
specified in this sub-section may make an application within a
period of two years from the commencement of the Orissa Land
Reforms (Amendment) Act, 1973.
• Provided further that any such application made after the expiry of the
period specified in this sub-section and before the aforesaid date shall, for
all purposes, be treated as an application filed within the period of
limitation .
• Provided further that an application under this sub-section may
be made, -(a) in the case of sub-tenants and under-raiyats who
have been recorded in the record-of-rights on or after the 1st day
of October, 1965, within two years from the date of
commencement of the Orissa Land Reforms (Second
Amendment) Act, 1975 or the date of final publication of the
record-of-rights, whichever is later ; and
• (b) in the case of the successor-in-interest of any recorded sub-tenant or
recorded under-raiyat,within two years from the date of commencement of
the said Act or the date of death of the sub-tenant or under-raiyat,
whichever is later.
• (c)2 years from OLR Amendment act2023
• (6) While making an order under sub-section (5), the Revenue Officer
shall determine the compensation in respect of the land which shall be an
amount calculated at the rate of eight hundred rupees per standard acre
of the land, to be paid by such sub-tenant, under-raiyat or successor-in-
interest to the person.
• (7) The compensation determined under sub-section (6) shall be payable
in the prescribed manner in five equal annual instalments on such dates
as may be fixed by the Revenue Officer.
• (8) The compensation or any portion there of which remains unpaid shall
be recoverable as arrears of land revenue on application to the Revenue
Officer by the person entitled thereto.
• (8-a) The rights of all persons entitled to receive compensation in accordance with
sub-section(6) shall stand extinguished with effect from the date of conferment of
raiyati right under sub-section(5) and the sub-tenant, under-raiyat or the successor-in-
interest, as the case may be, shall be liable topay fair and equitable rent to be
determined by the Revenue Officer in the prescribed manner to the Government or the
person, as the case may be, immediately under whom the land is held consequent on
such extinguishment.
• (8-b) The Revenue Officer may also on his own motion, within the period
allowed for making an application under sub-section (2) or under sub-
section (5), take all such action and in such manner as is provided in sub-
sections (2) to (8-a) for declaring the persons or their successors-in-
interest, as the case may be, referred to in clauses (h) and (i) of sub-
section (1) to be raiyats and the provisions contained in sub-sections (2)
to (8-a) shall, so far as may be, apply to proceedings under this
subsection.
• (9) With effect from the date of commencement of this Act no landlord
shall be entitled to recover from his raiyat more than a fair and equitable
rent .
• Conferment of Rayati Status to Temporary Lessees under
O.E.A.Act 1951
• After the abolition of estates under OEA Act 1951, the temporary
lessees of vested estate under the Intermediaries who had held 33
acres or more of land as intermediary came under the Govt under
Sec 8 of OEA Act.
• These temporary lessees continued as such under the Govt. In the
OLR Act 1960 provision was made u/s 4(2) to enable such
temporary lessees to acquire raiyati right in respect of land held by
them on payment of premium as determined by Revenue Officer
u/s 4(3) of OLR Act.
• Sec(6). Rights of raiyats 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.) :Temporary ban on transfer of land setteled by
government
• (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 fovour 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.
• Sec(7). Non-transferability and saving of the rights and liabilities of
tenants –
• (1) The rights of a tenant in any land held by him as such shall be
heritable, but shall not be transferable.
• (2) Save as otherwise provided in this Act -
• (a) no tenant in lawful cultivation of any land at the commencement of the
Orissa Land Reforms (Amendment) Act, 1973 or at any time thereafter
shall be liable to be evicted from such land by the landlord ;
• (b) no such tenant shall be bound to pay rent at a rate higher than the
rate specified in section 13; and
• (c) the rights, benefits, protection, privileges, obligations or liabilities of
any tenant in lawful cultivation of any land at the commencement of the
Orissa Land Reforms (Amendment) Act, 1973 as were existing
immediately prior to such commencement shall not be liable to be
modified or extinguished in any manner whatsoever.
• Sec(8) :Eviction of raiyats -
• (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.
• Explanation - The construction of a house for the residence of the raiyat
and his family members together with all necessary out-houses shall be
deemed to be for agricultural purposes.
• (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.
• Sec[8-A. Conversion of agricultural land for purposes other
than agriculture-
• (a) the authorised officer may, where an application is
made to him by a raiyat in the prescribed form for
conversion of the use of any agricultural land belonging to
him for purposes other than agriculture, allow such
conversion, if he is satisfied that such conversion shall not
violate –
• (i) any master plan, improvement scheme, development
plan or town planning scheme,
• (ii) any other condition or conditions as may be prescribed
for the purpose of dealing with bonafied cases of such
conversions ;
• (b) in every case where the authorised officer allows
conversion of the use of any agricultural land under
clause (a), the raiyat is required to pay conversion fees
for such land,
• (c) Required to pay conversion fees within the prescribed
period and prescribed manner.
• (d) the lands which were deemed to have been surrendered to
Government and settled shall cease to be so surrendered and
settled on lease basis and be held freely by the raiyat or the
transferee, as the case may be."; and
• (2) The rate at which the conversion fees shall be payable per acre of
agricultural land situated at different places of the State,
(i) Land situated within any Municipal area or in areas within one- half
kilometer on either side of such National Highways as the State
Government may,by notification, specify from time to time :Rs.3,00,000/-
(ii) Land situated in any area within one-fourth kilometer on either side of such State
Highways as the State Government may, by notification, specify from timeto time. …
Rs.1,00,000/-
• (iii) Land situated in a Municipal area or a Notified area,or in any area
notified as Urban area other than any land mentioned in clauses (i) and
(ii). … Rs.75,000/-
• (iv) Land situated in such developing areas as the State Government
may, by notification, specify,from time to time, other than any area
covered by
clauses (i), (ii) and (iii). … Rs.30,000/-
• Sec(9). Dwelling houses of raiyats and tenants -
• (1) Every person who is a raiyat or a tenant in respect of any land but has
no permanent and heritable rights in respect of any site on which his
dwelling house or farm house stands, shall with effect from the
commencement of this Act be deemed to be a raiyat in respect of the
whole of such site or a portion thereof not exceeding one-fifth of an acre
whichever is less if he or his predecessor-in interest has -
(a) obtained permission, express or implied, from the person having
permanent and heritable rights in the site and having right to accord
permission for the construction of such house; and
(b) built such house at his own expense.
Explanation -( i)......
(ii) Lands to be held as a raiyat in pursuance of this sub-section shall be so
determined as to include, as far as practicable, tanks excavated and wells
sunk by such person on the site, and so as not to exceed in extent the limit
specified in this sub-section
(iii) Trees standing on the land so determined shall belong to such person.
(iv) Right of way and other easementary rights necessary for the enjoyment
of the aforesaid land shall attach thereto.
• (1-A) The Revenue Officer, on an application made in this behalf by the
person referred to in sub-section (1), in the prescribed form and manner
and within the prescribed period, may, after such inquiry as may be
necessary, issue a certificate in the prescribed form to such person to
the effect that he has become a raiyat in respect of the whole, or, as the
case may be, a portion of the site as a aforesaid and if such person is
evicted from the site at any time after the commencement of the Orissa
Land Reforms (Amendment) Act, 1973 the Revenue Officer shall, by order,
direct that possession of the site be delivered to the said person and may
take such further steps as he may consider necessary to give effect to the
order so passed;
• (2) If immediately before the commencement of this Act, any person had
permanent and heritable rights in the site, in a capacity other than that of
a land-holder, the rights of all such persons shall stand extinguished and
they shall be entitled to compensation from the raiyat or tenant as the
case may be equal to ten times the fair and equitable rent payable for the
site under sub-section (3). The classes of rights entitled to such
compensation shall share it equally and each such share shall be divided
equally amongst persons belonging to the class to which the share relates:
Provided that nothing in this sub-section shall have the effect of
extinguishing the rights of Government in the said site.
• (3) The person who becomes a raiyat in respect of the site specified in
sub-section (1) shall be liable to pay fair and equitable rent therefor to the
Government or the land-holder, as the case may be, immediately under
whom he holds consequent on the extinguishment of rights referred to in
sub section(2).
• (4) In case of a dispute about the amount of rent so payable or about the
apportionment of compensation, the Revenue Officer shall on an
application by any person interested filed in the manner and within the time
prescribed hold such enquiry as may be necessary and decide such
dispute.
• Sec(12). Decision of disputes among landlord and raiyats - (1) Any
dispute between a raiyat and his landlord relating to-
• (i) the landlord's right to evict the raiyat under section 8, or
• (ii) the rights conferred under sections 4, 9 and 10, or
• (iii) the raiyat's right to possession of the land and his rights to the benefits under this
Act shall be decided by the Revenue Officer on an application to be filed by any
person interested:
• Provided that such application shall be filed before the Revenue Officer in the
prescribed manner within sixty days from the date on which the dispute arises.
(2) On receipt of an application under sub-section (1) the Revenue Officer shall after
making such enquiry as may be necessary pass such orders as he deems fit.
• (3) The Revenue Officer may take such further steps as he may consider necessary to
give effect to the orders passed under sub-section (2).
• Sec (13) : Rent payable by tenants -
• (1) No landlord shall be entitled to recover from his tenant more than one-
fourth of the gross produce of the land or the value thereof or the value of
one-fourth of the estimated produce as rent, so however that such rent
shall in no event exceed the fair rent in respect of such land.
• (2) When rent is payable in kind, it shall be paid within a period of two
months after the month in which the harvesting of the crop is completed
and at such place in the village in which the land is situated as may be
specified in that behalf by the landlord.
• Sec (14): Ground of eviction of tenant -•(1) A land lord may evict his
tenant only if such tenant-
•(a) has used the land in a manner which renders it unfit for the purpose of
agriculture
•(b) has failed to cultivate the land properly, or personally; or
•(c) Has failed to pay or deliver to the landlord, the rent within a period of
two months from the last day by which it becomes payable, there being no
dispute regarding the quantum of such rent.
• (2) Without prejudice to the provisions of sub-section (1) but subject to the
provisions of sub_2_sections (4) and (5), a tenant shall cease to have the
right to cultivate the land -
• (a) in any case where the landlord is a person under disability at the end
of the year during which the disability ceases;
• (b) in any case where the landlord being a privileged raiyat or a person
under disability, ceases to be the landlord at the end of the year during
which such cessor takes place.
• Provided that in the case of transfer of the land by any such land , the
tenant shall not cease to have the right to cultivate the land until after the
expiry of a period of six months from the date of service of a notice in the
prescribed form by the landlord on the tenant intimating him the
particulars of the transfer and where the said period terminates on a day
prior to the last day of a year, the cessation of the right of the tenant to
cultivate the land shall take place at the end of that year.
• Provided further that where the landlord -
• (i) being a person under disability, ceases to be the landlord by reason of transfer of
the land in favour of another person under disability, or
• (ii) being a privileged raiyat referred to in sub-clause (b), (c), (d) or (e) of clause (24) of
section 2, ceases to be the landlord by reason of transfer of the land in favour of any
person,the tenant shall not cease to have the right to cultivate the land, but shall,
subject to the other provisions of this section continue as a tenant under the
transferee.
• (3) Where the landlord specified in clause (a) of sub-section (2) or the succeeding
raiyat, if any, in pursuance of clause (b) of the said sub-section, as the case may be,
fails to resume the land for personal cultivation at the end of the year specified in the
said clause such landlord shall be deemed to have failed to cultivate the land
personally and shall be liable to eviction under the provisions of section 8.
• ...(4) Where the landlord, being a person under disability within the meaning of sub-
clause (e) or sub-clause (f) of clause (21) of section 2, ceases to be a person under
disability by reason of acquisition of additional land through inheritance, bequest, gift,
purchase or otherwise, he shall not be entitled to evict any tenant holding any land
under him, but may resume lands for personal cultivation in accordance with the
provisions contained in Chapter III and the tenant shall be entitled to acquisition of
rayati right in respect of the non-resumable land in accordance with the said Chapter.
• ...(5) For the purposes of sub-section (4) the provisions contained in sections 24 to 36
(both inclusive) shall, so far as may be, apply subject to the modification that the
period of limitation in respect of an application to be made under section 26, either by
the landlord or by the tenant, shall be six months from the date of such acquisition of
additional land.
Sec(15):Recovery of rent and dispute between landlord and raiyat or tenant
-(1) Any claim for recovery of arrears of rent by a landlord and any dispute between a
landlord and his raiyat or tenant as the case may be as regards -
• (a) the quantum of the rent payable; or
• (b) tenant's possession of the land and his rights to the benefits under this Act; or
• (c) the right of the landlord to terminate the tenancy of a tenant under section 14 or the
liability of a tenant to cease to cultivate the land under that section; or;
• (d) the existence of the relationship of land-lord and tenant, shall be decided by the
Revenue Officer on an application to be filed in the prescribed manner by any party
interested:(a) a claim for recovery of arrears of rent, shall be filed within one year from
the date on which such arrear falls due;
• (b) a dispute referred to in clauses (a) and (c), shall be filed within sixty days from the
date on which the dispute arises; and
(c) a dispute referred to in clauses (b) and (d), shall be filed within two years
from the date on which the dispute arises:
Provided further that in the case of any dispute referred to in clauses (b)
and (d) which had arisen prior to the date of commencement of the Orissa
Land Reforms (Second Amendment) Act, 1975, an application in respect
thereof may, if not filed earlier, be filed within one year from the said date.
• (2) On receipt of the application under sub-section (1), the Revenue
Officer may, after making such enquiry as he deems fit direct the payment
of arrears of rent, if any, found due or, determine the quantum of rent
under clause (a) or in cases under clauses (b), (c) and (d) thereof order
the tenant by a notice served in the prescribed manner and specifying the
grounds on which the order is made to cease, to cultivate the land:
• Provided that in cases of dispute arising out of a matter mentioned in
clause (c) of sub-section (1) of section 14, the Revenue Officer before
ordering the tenant to cease to cultivate the land shall decide, if rent had
been duly offered and may allow reasonable opportunity to the tenant to
pay or deliver to his landlord the rent payable.
• (3) An order for eviction made by the Revenue officer under sub-section
(2) shall take effect on and from the first day of the year next following the
date of such order.
• (4) If any tenant on whom a notice under sub-section (2) has been served
does not cease to cultivate the land the Revenue Officer may take such
steps as he may deem necessary for the purpose of giving effect to his
orders.
• (5) If after holding enquiry under sub-section (2) the Revenue Officer is
satisfied that the tenant was cultivating the land at the date of
commencement of this Act or at any time thereafter, and that he is being
unlawfully prevented from cultivating such land by his landlord, he may in
addition to the penalty that he may impose on the Landlord under section
18, order the landlord by a notice served in the prescribed manner to
allow the tenant to enter the land forthwith and to cultivate it as a tenant.
• (6) If the Revenue Officer is satisfied after such further enquiry as he may
deem necessary that the landlord has failed to Comply with his order
under sub-section (5), he shall take such steps as may be necessary to
put the tenant in possession of the land.
• (7) Pending final disposal of the dispute under this section, the Revenue
Officer may pass such interim orders relating to the appointment of
Receivers, for taking charge of the crops, or getting the lands cultivated or
restraining the landlord from interfering with the tenant's cultivation of the
land or for such other purposes as he may deem necessary or expedient.
• Sec(19). Partition among co-sharer raiyats how to be effected -
(1) No partition of a holding among co-sharer raiyats shall be valid unless
made by -
• (a) a registered instrument; or
• (b) a decree of a Court or ; or
• (c) an order of the Revenue Officer in the manner prescribed, on mutual
agreement.
• (2) When the partition is effected as provided in clause (a) of sub-section
(1) the Registering Officer shall not admit for registration any Instrument
unless it is accompanied by a notice in the prescribed form with the
prescribed particulars and the fee prescribed for the service of such
notice.
• (3) The notice referred to in the preceding sub-section shall be
transmitted to the Revenue Officer who shall cause it to be served on the
landlord or his agent named in the notice in the manner prescribed.
• He shall also cause a copy of the notice to be transmitted to the authority
competent to maintain the record-of-rights.
(4) When the partition is effected as provided in clause (b) of sub-section
(1), the Court passing the final decree for partition shall send to the
Revenue Officer in the prescribed form and in the prescribed manner a
detailed list of the lands allotted to each share.
• (5) The Revenue Officer shall send a copy of the list as aforesaid to the
authority competent to maintain the record-of-rights and to the landlord,
where rent of the land is not payable to Government direct.
• (6) When partition is effected in the manner provided in clause (c) of sub-
section (1) the Revenue Officer shall send to the landlord where rent is
not payable direct to Government and to the authority competent to
maintain the record-of-rights in the prescribed form a detailed list of lands
allotted to each share. A copy of the order along with the detailed list shall
be sent by the Revenue Officer for registration under the Indian
Registration Act, 1908 to the Sub-Registrar having jurisdiction:
• Provided that no charges for such registration shall be payable.
• Sec(22). Restriction on alienation of land by Scheduled Tribes -
(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 sub section (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
• S22-A. Surrender or abandonment by raiyat or tenant.
• Sec(23). Effect of transfer in contravention of Section 22 -
• (1) In the case of any transfer in contravention of the provisions of sub-section (1) of
section 22 the Revenue Officer on his own information or on, the application of any
person interested in the land may issue notice in the prescribed manner calling upon
the transferor and transferee to show cause why the transfer should not be declared
invalid.
• (2) After holding such inquiry as the Revenue Officer deems fit and after hearing the
persons interested, he may declare such transfer to be invalid and impose on the
transferee a penalty of an amount not exceeding two hundred rupees per acre of the
land so transferred for each year or any part thereof during which the possession is
continued in pursuance of the transfer which has been declared to be invalid and may
also order such portion of the penalty as he deems fit, to be paid to the transferor
or his heir.
• (3) On a declaration being made under sub-section (2) the Revenue
Officer suo motu or on the application of any person interested cause
restoration of the property to the transferor or his heirs and for the
purpose may take such steps as may be necessary for compliance with
the said order or preventing any breach of peace ;
• Provided that if the Revenue Officer is of the opinion that the restoration
of the property is not reasonably practicable, he shall record his reasons
therefor and shall, subject to the control of the Government, settle the
said property with another member of a Scheduled Tribe or in the
absence of any such member, with any other person in accordance with
the provisions contained in the OrissaGovernment Land Settlement Act,
1962.
• Explanation - Restoration of the property means actual delivery of
possession of the property to the transferor or his heir.
• (4) Where any transfer is declared under this section to be invalid and the
transferee or any other person in possession of the property has been
evicted therefrom, the transferee shall not be entitled to the refund of any
amount paid by- him to the transferor by away of consideration for the
transfer.
• S23-A. Eviction of person in unauthorized occupation of property -Where
any person is found to be in unauthorised occupation of the whole or part
of a holding of a raiyat belonging to a Scheduled Caste or of a raiyat
belonging to a Scheduled Tribe within any part of the State other than a
Scheduled Area, by way of trespass or otherwise, the Revenue Officer
• may, either on application by the owner or any person interested
therein, or on his own motion, and after giving the parties
concerned an opportunity of being heard, order eviction of the
person so found to be in unauthorised occupation and shall
cause restoration of the property to the said raiyat or to his heir
in accordance with the provisions of sub-section (3) of section
23.
 CEILING AND DISPOSAL OF SURPLUS LAND ,chapter IV

• Sec(37) :Definitions:
• (a) “person” includes a company, family, association or other body of
individuals, whether incorporated or not, and any institution capable of
owning or holding property;
• (b) “family”, in relation to an individual, means the individual, the husband
or wife, as the case may be, of such individual and their children, whether
major or minor, but does not include a major married son who as such
had separated by partition or otherwise before the 26th day of September,
1970.
• Sec(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.
• Sec 37-B. Persons not entitled to hold land in excess of
ceiling area - On and from the commencement of the Orissa
Land Reforms (Amendment) Act, 1973, no person shall, either
as land-holder or raiyat or as both, be entitled to hold any land in
excess of the ceiling area.
• Explanation - For the purposes of this section all lands held
individually by the members of a family or jointly by some or all
the members of a family shall be deemed to be held by the
family.
• Sec 38. Exemption 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;
Explanation – “Plantation” means any land use principally for
cultivation of coffee, cocoa or tea (hereafter in this Explanation
referred to as “plantation crops”) and includes lands used for any
purpose ancillary to the cultivation of the plantation crops or for the
preservation of the same for their marketing ;
• (d) lands held by any agricultural university, agricultural school or
college, or any institution conducting research in agriculture.
• Sec 39. Principles for determining the 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.
 CHAPTER V : ADMINISTRATIVE MACHINERY FOR IMPLEMENTATION OF
LAND REFORMS
• Sec 56. Functions of the District Executive Committee -
The District Executive Committee shall review the progress of land reforms
in the district.
• Sec 56-A. Certificate of disability - (1) A person under disability specified
in sub-clauses (a), (b) or (c) of clause (21) of section 2 may subject to the
rules made in that behalf apply for a certificate specified in the proviso to
that clause to the Revenue Officer.
(2) On receipt of such application the Revenue Officer shall give the person
concerned or his guardian, if he is a minor or of unsound mind an
opportunity of being heard and may after making such other enquiries as he
may deem fit either reject the application or issue a certificate to the effect
that such person is incapable of cultivating his land personally:
• Provided that if no orders are passed on such application within thirty
days from the date of its filing the application shall be deemed to have
been rejected.
• (3) The application under sub-section (1) and the certificate to be issued
under sub-section (2) shall be in the prescribed form and the application
shall be accompanied by the prescribed fee.
• Sec 56-B. Cancellation of Certificate of disability and its consequences -
(1) If the Revenue Officer, on application in that behalf by a tenant
cultivating land under a person who is a person under disability, is
satisfied that certificate under section 56-A was obtained by such person
by fraud or by misrepresentation or suppression of any material fact, he
may, after giving the tenant and the person an opportunity of being heard,
cancel the certificate.
(2) On cancellation of the certificate, the Revenue Officer may, on an
application made in that behalf by the tenant within sixty days from the date
of such cancellation and after giving the parties interested an opportunity of
being heard, declare the whole of the land to be non-resumbale and
determine the fair and equitable rent and the compensation payable by the
tenant in respect of the land in accordance with the provisions of section 28
and on such determination the provisions of sections 29 to 33 (both
inclusive), 35-A and 36 shall, so far as may be, apply.
 CHAPTER VI: MISCELLANEOUS
• Sec 58. Appeal - (1) Any person aggrieved by an order passed under any
of the following sections may prefer an appeal to the prescribed authority,
namely : Sections 4, 8- A*, 9 (4), 10, 12 (2), 15, 16, 17, 18, 19 (1) (c), 20, 21, 22 (1),
[22-A (5), 23 (2), 23-A,] 27, 28, [34-A, 35] [36-A,] [36-C, 42,] [45-B (l),] [52, 56-A, 56-B
and 57-B (4).]
(2) The procedure for filing and disposal of appeals shall be as may be
prescribed.
(3) Any tenant aggrieved by an order passed under section 27, section 35 or
section 36-A (other than an order dismissing the case for default or non-
prosecution) prior to the date of commencement of the Orissa Land
Reforms (Second Amendment) Act, 1975 may, if he has not preferred an
appeal as provided in sub-section (1), prefer the same within one year from
the said date.
• Sec 59. Revision - (1) The prescribed authority may, on application by
any party aggrieved by any order passed in an appeal under any
provision of this Act filed within the prescribed period, revise such order.
(2) The Board of Revenue may, at any time on being moved in that behalf
by the Collector of a district or by the Land Reforms Commissioner, revise
any order passed by any authority under this Act,
(3) For the purposes of revising any order, the prescribed authority and the
Board of Revenue shall follow such procedure as may be prescribed and
shall have power to call for and examine the records of the proceedings
wherein such order was passed and to pass such order as they deem fit :
Provided that no order under this section shall be passed without giving the
parties concerned a reasonable opportunity of being heard.
• Sec 60. Review - (1) Any order passed under this Act may, after notice
to all persons interested, be reviewed by the officer who made the order
or his successor in office on the ground of any clerical mistake or error in
course of any proceeding under this Act.
• (2) Without prejudice to the provisions of sub-section (1), where the
appellate authority, on application filed by the concerned party within two
years from the date of finalisation of a statement under sub-section (3) of
section 44 or within sixty days from the date of the appellate order,
whichever period expires later, is satisfied that any land has been
included in such statement in contravention of any provision of this Act, he
may modify the order passed by the Revenue Officer under the said
section:
Provided that no such modification shall be made without giving
the parties concerned a reasonable opportunity of being heard :
• Provided further that no such modification shall be made if -
(a) an application for revision under section 59 is pending, or
(b) an order has been passed under that section.
• Sec 67. Bar of jurisdiction of Civil Courts - Save as otherwise expressly
provided in this Act, no Civil Court shall have jurisdiction to try and decide
any suit or proceeding so far as it relates to any matter which any officer
or other competent authority is empowered by or under this Act to decide.