164. Power of State Government to order survey and record-of-rights.
(1)The State Government may make an order directing that a survey be made and a record-of-rights be prepared by [the Collector] [Substituted for 'a Revenue Officer' by section 3(2) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] in respect of an estate or portion of an estate, in the following cases, namely: -(a)where -(i)the landholder or ryots, or(ii)not less than one-half of the total number of landholders, or(iii)a landholder or a proportion of the landholders whose interest or the aggregate of whose interests, respectively in the estate or portion thereof, is not less in value than one-half of the total shares of all the landholders therein, or(iv)not less than one-fourth of the total number of ryots, applies or apply for such an order, depositing or giving security for such amount for the payment of expenses as the State Government direct;(b)where in the opinion of the State Government, the preparation of such a record is required to secure either the ryots generally or the landholder of an estate or portion of an estate in the enjoyment as such of their or his legal rights or is calculated to settle or avert a serious dispute existing or likely to arise between the ryots generally and their landholder; or(c)where the estate is an estate managed on behalf of the Government or is under the superintendence of the Court of Wards.(2)A notification in the Official Gazette of an order under this section shall be conclusive evidence that the order has been duly made.(3)[ The survey shall be made under the [Tamil Nadu] [Sub-sections (3) and (4) were substituted for the original sub-section (3) by section 87(1) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] Survey and Boundaries Act, 1923 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act VIII of 1923), and the record-of-rights shall be prepared in accordance with the rules prescribed by the State Government and may, if the State Government so direct, include -(a)a record of all rights and obligations of each ryot and landholder in respect of -(i)the use by the ryots of water for agricultural purposes whether obtained from a tank, well or any other source of supply; and(ii)the repair and maintenance of works for securing a supply of water for the cultivation of the land held by each ryot whether or not such works be situated within the boundaries of such land; and(b)a record of any special rights which by law or by custom, the ryots may have in the waste land of the estate.(4)Certified copies of the survey plan, survey land register and field measurement sheets relating to any village or the area therein which has been surveyed shall be furnished to the karnam of the village and shall be available for inspection by the ryots thereof.][Explanation. - In the case of an estate already surveyed which or a portion of which is taken up for the preparation of a record of rights under this section, the survey required by this section may be limited to what is necessary for the preparation of a record-of-rights.] [The Explanation was added by section 87(2) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]
