The Kerala Survey and Boundaries Act, 1961 (No.37 of 1961)

7'58 ACT 37 OF 1961 THE KERALA SURVEY AND BOUNDARIES ACI‘, 1961 Contents CHAPTER 1 P: chi/mm!) 525110115. 1 2. 3. ‘ 10. H. 12, 13. 14. 16. 17, 18. 19. ‘20. 2L '22. ‘23. Shon title, extent and commencement. Dclhutmns. Appomtmcnl of SUI vcy OH Iccm. CHAP “ER 11 Survey qf land: Govcmmem may dITcCt the smvcy of any land or any bound- axy ofany land. Sulvcy of lands hut b) sea (31051011 or ZICUOII of river. Nonficauon to be pubhshcd by Survey Ofl'lcels. Cost OFSurvey operations may be dcfi aycd m thc first Instance by Govemmem m can tam cases. Survey to be earned out m [he prescubcd manncr. Powcr to rccord boundary as undisputed Po“ c1 of Sunvey Office: lo dclcrmme and record I dxsputcd boundaly thh Icasons. Appeal agamsl orders of Sun vcy Ofllcex. Pol nod wnhm “’thh appeal may be prcfcncd. Complchon of dcmaxcatnon to be nuuficd. Rxght to msmulc a éult m rcspcct ofboundary ol' the plopcrty surveyed. Luabnmy of negxslcrcd holdus for mamtcnancc of survey maxks. Imposlnp of chaxges and appeals. Dunes oFWIagc Oilicxal. CHAPTER “1 Alzscellanaom POWCI to cute! upon, examine and clear obstrucuou on lands. Power to summon Witnesses and 19quer p1 oducuon of docu- mcms. Refércncc u: anbllmnon. chlstcrcd holder may xecovcr expenses paid by him fiom Owner. Power to make rules. Immunity l‘m Acts done or pun-pouring lo be done: m good faith. Repeal and savmgs. ,. ._J\ 739 ACT 37 OF 1961 THE KERALA SURVEY AND BOUNDARIES ACT, [96] " An Art to muralia'ale, amend and unify tin: law relating tn the mine} qflands and millemanl quowidmy (121,011ch m [I]! Slat: ofKemla. PretzmblL——WHEREAS it is expedient to consolidate, amend and unify the law relating to the survey of lands and settlement of boundary disputes in the State of Keiala ; B: it enacted in the Twelfth Year of the Republic of India as follows : . CHAPTER 1 PRELIMINARY l. Shari title, exit"! and mmmencemcnt.——(l) This Act may be called the Kcrala Survey and Boundaries Act, [961 t (2) It extends to the whole of the State of Kerala and shall come into force on such date as the Government may. by notification in the Gazette, appoint. 2. Dtjimtmiir.—~In this Act, unless the context otherwise requires,— (i) “Collector" means the Collector of the district, having jurisdiction over the area; (ii) “Government land" means any land the proprietary right in which vests in the Government; (iii) “prescribed" means prescribed by rules made by the Gov- einment under this Act, (iv) “registered holder of any land" means the person in whose name the land in question is registered in the Gov6rnment accounts of the Village. Explanation (ll—When any person other than the registered holder is in lawful management ofa land, otherWise than as agent or servant of the registered holder or as mortgagee, such person shall be deemed to be the registered holder in iespect of such land. Explanahan (2).—When a land is so registered in the names of two or more persons Jointly, the registered holder shall, for the purposes of this Act, be the person who is recognised by the other jornt holder or jomt holders as the manager of the land or who, in the case of dispute, is recognised by the Collector as the principal joint holder; (v) ”registered land“ means any land the proprietary right in ' which does not vest in the Government, ‘ Published in the ' Gazette Extraordinary dated 22nd Deeember, I961. 34/4695 740 (vi) “survey" (includes all operations incidental to the determi- nation, measurement and record of a boundary or boundaries 01' any part of a boundary and includes a rcsurvey; (Vii) “suivcy mark" means any mark or object, ciecled. made, employed or specified by a Survey Officer to indicate or determine or assist in determining the posmon or level of any point or points; (Vii!) L'Survey Officer" means any officer appolrfled by the Gov- ernment as a Survey Office? under section 3; (ix) “Village Offictal” includes Village Officer, Village AsSist- ant, Adhikari, Menon, Potail and Shanbogue. 3. Appomlmcnl (J Sun/c} OfiCerL—U} The Government may, by 'notificaiion in the Gazetie, {appoint any officer either by name or by virtue of his office to be a Survey Officer for all or any ol the purposes of this Act. (2) Subject to the control of the Government and of any other officer or authority appointed by ilie Government in this behalf, cvery officer appointed as Survey Officer shall exchise_the powers and per- form the duties of a Survey Officer Within such local limits as the Gov- ernment may, from time to time direct, (3] The Government may, by order, direct that the powers excr- cisablc by them under sub-sections (l) and (2) may also be exercised by such Officer or authority, subject to such conditions as may be speci— fied by them in this behalf. ;CHAPTER II. Suitvcv or LANDS. 4. Gavanimtrit may dzml the run/2y of my; [and or an}- baunduiyafziu} . [until—The Government or, subject {to the control of the Government, any olficer or authority authorised by the Government in this behalf, may, by notification in the Gazette, cider the survey of any land or of any boundary of any land or of the boundary forming the common limit of any Government land and any registered land. 5. Sunny of (and: Int 1y rm (10110" or aciwn y nun—The iegistcred holder of any land may applé to the Government or to any office.- or autlionty authorised by the overninent in this behalf (or the survey of his land on the giound that a portion ofthe land has been lost by sea erosion or action ofriver; and thereupon the Government or such officer or authority, as the case may be, may order the survey of the land. 6. Notzftwtwn to be publir/icd by Survey Often —(l) When any survey is ordered under section 4 or section 5, the Survey Ofiiccr shall publish a notification '_ in the Gazette in the prescribed manner invning all persons haying any interest in the land or in the boundaiics of which the survey has been indexed, [O attend either in person or by agent at a specified place and time and from time to time thereaftm when called upon for the purpose of painting out boundaries and supplying infor- mation in connection therewithJ A copy of such notification shall also be served on the registered holder or registered holders of the land in respect of which the survey has been aidered. ' O \ 741 (2) A notification published under sub-section (1) shall be held to be a valid ,notice to any person (other than the registered holder) havmg any interest in the land 0 in the boundaiies of which the survey has been ordeied. (3) Such notification shall further require every petson, whether a registered holder or not, having interest in the land or in the boundaries of which the survey has been ordcicd— (a) to clear Within a speCified period by cutting down or re- movmg any trees, jungle, fences, standing crops or other material obstructions, the boundaries or other lines, the clearance or which may be necessary for the purpose of the survey; (b) to prowde labour at such times and for such periods as may, from time to time, be required by furnishing flag-holders and chainmen;and (c) to proVidc suitable survey marlts and otherwtse to give such asststance in the survey as may he demanded under this Act or the rules made thereunder. (4) If any person fails to comply With any requisition ofa Survey Officer made under clause (a), clause (b) or clause (c) of sub-section (3), the Survey Officer may himself employ hired labour for the pur- ”(9/ poses ofsurvey. l” gut-A 10‘" "'1," (5) The cost of the labour employed and of the survey marks used all in such cases shall be deteimine and apportioned in the prescribed 00,34"manner among the persons who have any interest in the land or in the L0 (1‘ boundaries of which the suivcy has been ordeicd, and shall be re- W“ coveiablc from such persons as an arrear of land revenue. Notice of such determination and apportionment shall be given in the prescribed manner to the persons aforesaid. 7. Cost yrs-mug operations ma} be defrayed m thefin! instance 5] Govern- ml in certain zu:.r.——Notwnhstanding anything contained in sub-sections (3), (4) and (5) of se,tion 6, whenever it may appear to the Survey Officer to be desirable that the cost ofall or any of the operations pre- scribed in clauses (a), (b) and (c) ofsub-scction (3) ofsection 6 shall be defrayed in the firtt instance by the Government, he may, with the previous sanction of the Government, in lieu of the notification pre- scribed in sub-section (3) of section 6, issue a notification that such cost shall be defiayed in the first instance by the Government and may thereupon proceed With the survey of the land and apportion and charge such cost In the manner prescribed undCI sub-section (5) of section 6 : Provided that the cost of the operations in connection with the survey carried out in accordance With the 01 ders passed under section 5 shall, tn the first instance, be borne by the Governmentand shall be charged and recovered from the applicant in case It is found on survey that no land was lost by sea erosion or action of river, and in other cases such cost shall not be recovered. 8. Sun/r} to I): tamed out in thy pnscribtd "innueniEvery Survev Officer shall be bound to carry out the survey in the manner prescribed a 742 9. Power to "card boundary a: urdu/zulcd.—(l) The Survey Officer - Ilrall have power tn determine and record as undisputed any boundary in respect of which no dispute is brought to his notice. (2) Notice of every derisron of the Survey Ofiicer under sub-section (I) shall be given in the prescribed manner to the registered holders of the lands, the boundaries of which may be afi‘ected by the chasm. 10. Power of Smut} Oflur In deltmtn: and retard l dufluled boundary with YIIIJOIII.-——(l) Where a boundary is disputed, the Survey threr shall, after making such inquiries as he COHSIdCrS necessary, determine the boundary arid record it iii accordance With his decision with reasons in writing for arriving at that decrsron. ' (2) Notice oi“ every decision of the Survey Oflicer under sub-section (1) shall be given in the prescribed manner to the parties to the dispute and other registered holders of the lands the boundaries of which may be affected by the demsion. l l. Appeal against orders of Survey 0flc¢t.—(l) Any person aggrieved by a dccrsron under section 6, section 7, section 9 or section 10 may appeal to such authority as may be prescribed. The ' appellate autho- rity shall record the reasons for the deCision in writing and shall give notice of such decision in the prescribed manner to the parties to the appeal. Any' modification of the Survey Officer’s decrsion ordered by the appellate authority shall he noted in the rec :rd prepared under section 9 or section 10, as the case may be, . (2) A copy of the order and acopy of the map recording the boun- daries as determined under section 9, section l0 or sub-section (l) of this sermon shall be furnished to any person interested in such order or map, as the case may be, on his application and payment of such cost as may be pi ascribed. l2. Panad wzllim which appeal ma) be per mart—(l) An appeal under section ll shall be preferred wrthin t rce months from the date of service ofnotice under section 6, section ‘3 or section 10, piowded that the time taken to obtain a copy of the dccrsron and of the map Shall not be included in the period of three months allowed for the appeal. (2) No appeal, after the expiry of the said period, shall be admit; ted unless for reasons to be recorded in writin the appellate authority is satisfied that the appellant had good and su crent cause for nor pre- ferring the appeal within such PN’IOd. Explanatwn.—The fact that notice under sectzon 6, section 9 or section 10 was not served in the prescribed manner on the appellant shall be deemed to be good and sufiicient cause (3) No appeal shall be admitted under sub-section (2) after the issue of the notification specified in section l3. I3. Completion of demmuhlfl la b: notified—When the survey of any land or boundary wluch has been notlficd undei section 4 or ordered under section 5 has been completed in accordance With the orders passed under section 9, «ection 10 or section ll, the Survey Ofl'lccf shall notify the fact in the Gazette, and a copy ofsuch notification shall be posted in the village office, if any, of the Village to which the survey relates. Unless the survey so notified is modified by a decree ofa eivrl court under the provrsrons of section 14, the record of the survey 0 \ 743 shall be conclusive proof that the boundaries determined and recorded tlieiein have been correctly dcteimined and recorded. 14-. Right to imtztule 0 mt In respect of boundary of [lip properly surveyed.— (1) Any person deeming himself aggrieved by the determination of any boundary under section 9, section 10 or section ll may, subject to the provrsions of the law oflimitation in feice for the time being, institute a suit within one year from the date of the notification under section 13 to set asxde or modify the said determination and the survey shall, if necessary, be altered in accordance With the final decree in the suit and the alteration, if any, shall be noted in the ieoords. (2) In any suit under sub-section (1 ), the plaintilTshaIljoin as parties to the suit all persons whom he has reason to believe to be inter- ested in the boundary which is subject to the suit. 15. Llabtligy of regulered bald": fir ”Minimum: 43/ nave] math—(1) Subject to such conditions as may be prescribed in this behalf. every registered holder of land shall be bound to maintain, renew and repair the survey marks on or Within the boundaries of his holding, and, in default of his doing so, the Survey Officer. the Collectoi or any of the subordinates of such ofiicers may, at the cast of the Government, main- tam, renew and repair such survey marks, determine and apportion the cost of so doing, give notice of such determination and apportionment to the parties concerned and recover such cost as an arrcar of public revenue due on land. Such cost may include the cost of all operations incidental to such maintenance, icnewal or repair. (2) Before a Survey Olficer 0r Collector or anyof the subordinates of such officers attends to the maintenance, renewal or repair of any survey mark under sub-section (1), he shall serve a notice in writing on the registered holder in the prescribed manner giving particulars of the survey marks in respect of which dofauh has been committed and call- ing upon him to maintain, renew or repair the same within a time to be specified in such notice which shall not be less than fifteen clays from the date of serum thereof. Ifa notice under this sub-section cannot be served personally on the registered holder a copy of the same shall he served on the person in possession of the land or other person intcr. cited in the land. 16. Impmng qf plunger and appealr.—(l) Every order of a Survey Officer or Collector or the subordinates of such ofificers imposmg charges under sub-section (1) of section 15 shall be recorded in writing and a copy of the order shall be supplied to the parties on their application and on payment of such cost as may be prescribed. (2) The order of the Survey Officer, Collector or the subordinates ofsuch officers shall be final, if no appeal is preferred, and in the event of an appeal being preferred, the decision of the appellate authority shall be final. (3) Any person deeming himself aggrieved by any order passed under sub-section (1) may appeal to such authority as may be prescri- bed, within two months of the date of SCI'VICC of such order. 17. Duties of Village Ofic‘iulu—It shall be the duty ofevery Village Officiali (a) to prevent the destruction, injury, removal or alteration of any survey mark on or within the limits of his jurisdiction ; and / 744 (b) when he becomes aware that any such mark has been destroyed, injured, removed or altered, to report the fact to such authority as may be prescribed. CHAPTER III MISCELLANEOUS l8. Pawn In enter upon, examine and clear nbmwmmx on Ionic—For the purpose ofany survey, enquiry or other proceedings under this Act, the Survey Officer or the Collector or any of the subordinates ofsuch officers shall have power to enter upon, examine and measure any land under survey and to clear, by cutting down or rcmovrng any trees, Jungle, fences, standing claps or other material obstructions, the boundaries or other lines, the clearance ofwhxch may be necessary for the purposes of the survey. 19. Power In summon minutes and require praduttwn vj'dnmmmlr.—Any Survcy Officer generally or specrally authorised in that behalf or the Collector or any officer to whom an appeal is prcferred under any of thc provrstons of this Act may, for the purpose of rendering assistance in the survey of land, summon and enforce the attendance of any person who has an interest therein and may, for the put post: of any survey, enquiry or other proceedings under this Act, summon and enforce the attendance of any person for glvmg evidence and for production of documents, and the procedure prescribed in the Code OfCivil Procedure, 1908, for summoning and enforcing the attendance of Witnesses and for recording of evrdence shall be followed as far as it can be made applicable. 20. Rtfirence to arbzlmhan.—( l) The Collector or the Survey Ofiicer, as the case may be, may, With the consent of all the parties concerned, refer to arbitration any dispute as to a boundary. (2) The dcclston of the Collector or the Survey Officer passed in accordance with such award shall be conclusive as between the parties to such arbitration and those claiming under them 2]. Regulated holder may IMO)!” expats” paid by ham/mm amen—(l) In the absence of a contract to the contrary, the registered holder of any land under survey who incurs any expenses or from whom any cxpcnscs are recovered under this Act in respect ofsuch survey, shall, if he be not the owner thereof, aquire a charge on such land to the extent of the expenses so incurred or recovered from him With intereSt thereon at the rate of 6 per cent per annum. (2) It shall be lawful for any person 'interestcd in any registered land under survey to pay the charges payable under this Act in respect of thcsurvey ofsuch land, though he be not the registered holder thereof, and all such sums, if paid by a tenant or lessee may be deducted from any rent then or afterwards due by hitn in respect of such land, and if paid by any other person interested in such land, 51- all be a charge on such land. Such sums shall bear interest at the rate of6 per cent per annum. '145 (3) Where a person entitled under this section to a charge on any registered land is a co-owner of such land, such charge shall extend only to so much of the amount recovered from or expended or paid by him as is due in respect of the share of the other co-owners on such land With intei est at the rate aforesaid. 22. Power to mak: mleJr—(l) The Government may, after previous publication in the Gazette, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such iules may; (a) prescribe for different localities the unit of survey, the sub- divisions thereof and the description of survey marks and prowdc for the maintenance, repair and renewal of such marks, (b) prOVide for the collection and record of any information in respect of any land which has been or is about to be surveyed, (c) define the classes of officers to be appointed to do duty under this Act and the powers to be amused by such officers, (d) prescribe and regulate the procedure to be followed by those officers in the conduct of procedings under this Act; (e) provide for the publication of all notifications issued under this Act 'and for the form, issue and serVice of all orders, com- munications and HOUCCS’ to be issued, communicated, given or served under this Act, - (f) prescribe the form of application under section 5 and the fees to be paid alongiWith'such application, (g) regluatc the furnishing of survey marks, labour and other matters necessary to surveys notified under this Act and the recovery of charges incidental thereto where they are recoverable, (h) prowde for the apportionment of all charges directed to be apportioned by this Act and for the determination of the cost of labour employed and of the survey marks used in any such survey, - (i) prescribe the fees payable for processes issued and copies giantcd under this Act, and (j) prescribe the manner in which arbitrators are to be appointed and regulate the procedure to be followed by them. (3) All rules made under this section shall be laid before the Legislative Assembly for a period of not less than fourteen days, as soon as pOSSible after they are made, and shall be subject to such modifica- tions as the Legislative Assembly may make during the session in which they are so laid or the session immediately followmg. 23‘ Immunilyfir act: dune arpurporting to be dune m gaad faith ——N0 suit, prosecution or other legal pioeeedings shall be against any officer or the Goycinmcnt for anything which is in good faith done or pur- porting to be done under the provmons of this Act or the rules made thereunder. 24. Repeal and raumgs.—(I) The Madras Survey and Boundaries Act, 1923 (Act VIII of 1923) as in force in the Malabar district referred to in sub-semen (2) of section 5 of the States Reorganisation Act. 1956 / 746 (Central Act 37 of 1956), the Travancore Survey and Boundaries Act of 1094 (Act X of 1094) and the Cochin Survey Act II 01'1074, are hereby repealed. _ (2) Nutwnhstandmg such repeal,— (a) anything done or any act-on taken, including any appomt- men! or delegation made, Order or dlrmion issued or rule made under any of the aforesaid Acts shall be dccmed to have been made or Issued. under the corresponding pravisnon of this Act and shall Continue m farce accordingly unless and unnll superseded by anything done or any action taken under this Act; (b) all sluts and other proceedings under any of the aforesaid Act: pending, a! the commencement of this Act, before any court or other authority, shall be continued and disposed ofunder that aforesaid Act, as if that aforesaid Act had continued m force and this Act had nor been passed. LAW DEPARmmr my; " SECRETARIAI. YfiIVAnDRUA. i . KENALA smri NG——-. ... DATE- ..............._. ”"1“.--“