Odisha Cabinet approves policy to smoothen process of regularising land issues of educational institutions
Bhubaneswar: Odisha Cabinet on Tuesday approved the policy to smoothen the process of regularising land issues of educational institutions which had taken land as per 1977 policy.
The State Government, way back in the year 1977 had taken policy decision to provide Government land measuring up to Ac.10.00 in urban areas and up to Ac.15.00 in rural areas, free of premium for establishment of colleges.
Similarly, it was also decided that lands will be provided free of premium for M.E. Schools up to Ac.2.00 and Ac.3.00 and for Secondary schools up to Ac.3.00 and Ac.5.00 in urban areas and rural areas respectively. This policy decision for secondary schools and +2 colleges, was reiterated further in the year 1998.
Over the years, since 1977, many Government and Aided Educational Institutions have been established under occupation of Government Land and it has taken years together to settle the land in their favour. Sometimes, it is due to delay in processing as per the provisions of the OGLS Act and Rules and in most of times it is due to inability of such institutions to pay the government dues like premium, incidental charges, annual ground rent, cess, encroachment fees with penalty and interest thereon etc.
Many educational institutions have occupied the land without prior approval of the competent Authority. Hence, they are required to pay the Government dues as stipulated in the OGLS Act and Rules. Since these educational institutions are general schools and colleges having no source of income, those are not in a position to pay the Government dues and get the land recorded in the name of the institution. On the other hand, due to not having the RoR of the land, the colleges get deprived of Government of India funding under RUSA and other schemes. Besides, in NAAC assessment, the colleges are not considered for ranking due to the land problem. As many as 51 Government colleges and 644 Aided Colleges have under their occupation Government land measuring Ac.180.00 and Ac.1713.00 respectively, the amount of Government dues would be around 2500.00 crore.
Similarly, as many as 1274 High Schools have occupied Government land, the value of which would be approximately 1500.000 crore. (1) Under 5T transformational initiatives, the Government of Odisha has started implementing 5T Inspirational School programme under which Rs.45.00 lakh is being sanctioned per secondary school to set up e-library, digital class room and interactive class rooms in the school. Besides, under `Mo School’ scheme, the alumni of the institution are contributing for increase of infrastructure facilities in the schools.
Similarly, Government is taking steps to upgrade the status of Higher Education in the State, for which the land issues require urgent resolution. Hence, it was under active consideration of Government for quite some time to formulate a suitable policy to smoothen the process of regularizing the land in favour of educational institutions.
In consideration of the above issues, Government have taken following decisions:
All land, irrespective of extent of area, under occupation of standalone Government Degree Colleges (including autonomous and non- autonomous Government Colleges) and standalone Government Higher Secondary Schools (i.e., erstwhile + 2/ Jr. Colleges) will be recorded in the name of Higher Education Department and School & Mass Education Department respectively with marfat of the concerned Degree Colleges/ Higher Secondary School. But in case of composite colleges (i.e. where a Degree College coexists with a Higher Secondary School), the land, irrespective of extent of area, shall be recorded separately; i.e. in the name of Higher Education Department (Marfat of the Degree College) for the area under occupation of the Degree College wing and in the name of School & Mass Education Department (Marfat of the Higher Secondary Schools) for the area under occupation of the Higher Secondary School wing. However, where such splitting of land is not possible due to practical problems and inconveniences, the entire land shall be recorded in the name of Higher Education Department (Marfat of the Degree College).
(ii) In case of Aided Degree Colleges having autonomous status and nonautonomous Aided Degree colleges and Aided Higher Secondary Schools, land up to the extent of area specified in Revenue Department G.0 No. 2 38870/R dated 23.05.1977 and No. 62250/R dated 26.11.1998 (i.e. 10 acres in urban areas and 15 acres in rural areas) shall be recorded in the name of Higher Education Department and School & Mass Education Department respectively with marfat of the concerned educational institution. Wherever a Degree college co- exists with a Higher Secondary School, the land should be settled separately in the name of the Higher Education Department and School & Mass Education Department respectively with marfat of the concerned educational institution. However, where such splitting of land is not possible due to the practical problems and inconveniences, the land shall be recorded in the name of the Higher Education Department.
(iii) All land, irrespective of extent of area, under occupation of Government High Schools will be recorded in the name of the School & Mass Education Department with marfat of the concerned School.
(iv) The land under occupation of Aided High Schools up to the extent provided i.e for lands up to Ac.3.00 and Ac.5.00 for Secondary schools in urban areas and rural areas respectively, will be recorded in the name of the School & Mass Education Department with marfat of the concerned Aided High School.
(v) The land to be settled with the educational institutions should be leasable, nonforest, not in DLC list, un- objectionable category, free from encroachment by anyone other than the said educational institutions, free from any encumbrances and should not be having any mineral reserve. (vi) Land shall be settled with the concerned Department with marfat of the concerned educational institution on free of all charges.
(vii) The settlement of aforesaid land shall be made by the concerned Collector. Revenue & D.M Department shall make enabling provisions in the OGLS Rules, 1983 for delegation of power in favour of Collectors to settle such land.
(viii) Where land is to be recorded separately in the name of Degree College and Higher Secondary School, local Tahasildar shall consult with the Principals of Degree College and Higher Secondary School and then demarcate the land between the Degree college and the Higher Secondary School and record the land separately. However, where two Principals cannot mutually agree for 3 splitting of the land, then the land shall be recorded in the name of the Higher Education Department.
(ix) On settlement of such land, all previous encroachment cases booked by revenue authorities in respect of the aforesaid land shall be dropped and a token amount of Re.1/- per acre per year towards assessment and penalty @ Rs.10/- per acre per year may be charged. Interest on arrear amount if any may also be waived out.
(x) The cut- off date for consideration of occupation of government land by an institution shall be 01.01.2020. This policy will help regularising land issues of these educational institutions in the State. After 1977, the policy is stated to be a landmark decision of the Government for reform of the educational institutions in the State.
Ms Kalinga