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State of Odisha - Section

Section 112 in The Orissa Tenancy Act, 1913

112. Power to order survey and preparation of record-of-rights.

(1)The State Government may in any case if it thinks fit, make an order directing that a survey be made and a record-of-rights be prepared, by a Revenue Officer, in respect of the lands in any local area, estate or tenure or part thereof.
(2)In particular and without prejudice to the generality of the foregoing power, the State Government may make such an order in the following cases, namely :
(a)where -
(i)the landlord or tenants, or
(ii)a proportion of not less than one-half of the total number of landlords, or
(iii)a landlord, or a proportion of the landlords, whose interest, or the aggregate of whose interests respectively, in the lands of the local area, estate or tenure or part thereof is not less than one-half of the total shares of all the landlords therein, or
(iv)a proportion of not less than one-fourth of the total number of tenants.
applies, or apply for such an order, depositing, or giving security for such amount for the payment of expenses as the State Government directs;
(b)where the preparation of such a record is calculated to settle or avert a serious dispute existing or likely to arise between the tenants and their landlords generally;
(c)where the local area, estate or tenure or the part thereof belongs to, or is managed on behalf of, the Government, is managed by the Court of Wards or a manager appointed by the District Judge under Section 106 or Section 109, Sub-section (9);
(d)where a settlement of land-revenue is being or is about to be made in respect of the local area, estate or tenure or of the part thereof;
Explanation 1. - The term "settlement of land-revenue", as used in Clause (d) includes a settlement of rents in an estate or tenure which belongs to the Government.Explanation 2. - A superior landlord may apply for an order under this Section, notwithstanding that his estate or part thereof is temporarily leased to a tenure-holder.
(3)A notification in the official Gazette of an order under this Section shall be conclusive evidence that the order has been duly made.
(4)The survey shall be made and the record-of-rights prepared in accordance with rules made in this behalf by the State Government.