THE ORISSA MISCELLANEOUS CERTIFICATE RULES, 1984.

 

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1. Short title, extent and commencement- (1) these rules may be called the Orissa Miscellaneous Certificate Rules, 1984.

(2) They shall extend to the whole of the State of Orissa and shall come into force at once.

 

2. Definitions-In these rules, unless the context otherwise requires-

                     (a)”Certificate” means a miscellaneous certificate specified in Rule 3; and

                     (b)”Revenue Officer” means the Chief Officer in Charge of Revenue Administration in the District, Sub-division or Tahasil and includes an Additional District Magistrate and an Additional Tahasildar.

 

3.Categories of miscellaneous certificates-Subject to the provisions hereinafter contained a Revenue Officer shall be competent to grant miscellaneous certificate of the following categories:

(i)      Identity certificate (IN form No.II)

(ii) Resident / Nativity Certificate (in Form No.III)

(iii) Legal heir Certificate (in Form No.IV)

(iv) Income Certificate (in Form No.V)

(v) Solvency Certificate (in Form No.VI)

(vi) Other Certificate of miscellaneous nature.

 

Note: -(a) Certificate of character, which may be granted by a Gazetted officer on the basis of his personal knowledge, is not covered under the provisions of these rules.

(b) Scheduled Tribe/Schedule Caste certificate shall be granted in accordance wit the provisions of the Orissa Caste Certificate (For Schedule Caste and Schedule Tribes) Rules, 1980 as modified from time to tome.

(c) Succession Certificate, which are governed under the provision of the Indian Succession Act, shall not be granted by Revenue Officers.

(d) Legal heir Certificate shall be granted for limited purpose such as drawl of pension, gratuity, arrears, salaies, provident Fund, etc. In disputed cases involving claims to property or large amounts the applicants may be advised to approach the civil Court.

(e) Income accruable from immovable properties, situated within the area in which the Revue Officer has jurisdiction shall only be taken in to account while granting an Income Certificate. In case of salaried persons, income from salaries may, however be taken into account if a certificate from the employer or official superior of appropriate rank is furnished by the applicant.

(f) No Revenue Officer below the rank of Sub-divisional Officer shall be competent to grant a certificate of solvency for an amount of and above Rupees one lakh, Immovable properties situated within the operational jurisdiction of the Revenue Officer concerned shall be taken in to account after careful verification.

(g) While entertaining applications for any other miscellaneous certificate except those specified above, Revenue Officer shall exercise his discretion after careful verification whether statutorily it comes within the jurisdiction of any other authority or court.

 

4.Application for miscellaneous certificates-  (1) A person desirous of obtaining a certificate shall file before a Revenue Officer an application in Form No, 1 affixing court fee stamps of denomination of Rs 3.00 or such amount as should be revised from time to time.specifiying therein his name and full address, the nature the certificate prayed for and the purpose for which it is required.

(2) An application for solvency certificate shall be accompanied by an affidavit shown in before a Magistrate incorporating the details of the immovable properties, the income and sources thereof:)]

Provided that the Revenue Officer may require the applicant to file an affidavit in case of certificate of any other category as well.

(3) The particulars of the applicant received in accordance with sub-rule (1) shall be registered in Register No.27 vide Form No.51 of the Appendix of the Orissa Records Mannual, 1954

 

5.Institution of the case and inquiry- The Revenue Officer shall initiate a case record, scrutinizes the documents furnished by the applicant, verify the relevant records, if any, in the office and wherever necessary, may himself inquire in to the matter or call for a report of inquiry by a specified date from an officer subordinate in rank.

 

6.Orders on the application- (1) If on the basis of the documents, records and the result of the inquiry, if any, the Revenue Officer is of the view that the certificate applied for may be granted, he shall pass necessary orders in the case record and sign the appropriate certificate specifying the purpose solely for which it has been granted. The certificate shall be handed over to the applicant or his duly authorised agent on due acknowledgement of receipt.

            (2) If the Revenue Officer is of the view that the certificate applied for may not be granted, he shall pass necessary orders in the case record, briefly recoding the reasons therefore

 

7.Revenue of the Orders-Not withstanding any thing contained in these rule, it is revealed on subsequent verification or otherwise that the certificate should not have been granted or the contents thereof require modification the Revenue Officer or any officer superior to him in the Revenue Administrative hierarchy shall be competent to review the orders granting the said certificate and after giving the person concerned an opportunity of making any representation which he may wish to make, pass such orders as he deems just and proper in the circumstances of the case.

 

8. Appeal- (1) Any person aggrieved by an order passed by the Revenue Officer under Rule 6 may prefer an appeal before.

(c)   the Sub-divisional Officer concerned if a Revenue Officer, below the rank of the sub-divisional Officer, passed the order.

(d)    the collector concerned if the order was passed by the sub-divisional Officer or the Additional District Magistrate and

(e)    the Revenue Divisional Commissioner concerned if the order was passed by the Collector.

   Provide that no appeal under these rules shall be entertained unless it is preferred within a period of three months from the date of the said order.

                        (2) The orders of the appellate Authority shall be final.

 

9. Repeal- All the earlier instruction relating to grant of certificate by Revenue Officers is hereby repealed.

 

10.Interpretation- if any question arises relating to interpretation of these rules, it shall be referred to Government for decision