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THE KERALA SURVEY AND BOUNDARIES ACT, 1961*
(ACT 37 OF 1961)
(AMENDED BY ACT
23 OF 1972&Act 16 of 2000)
CONTENTS
CHAPTER 1
PRELIMINARY
Sections
1.Short title, extent and commencement.
2.Definitions.
3.Appointment of Survey Officers.
CHAPTER II
Survey of Lands
4.Government may direct the survey of any land or any
land or any boundary of any land .
4A.
Government may direct the Survey demarcation of any lands belonging to local authorities.
5.Survey of lands hit by sea erosion or action of river.
6.Notification to be published by Survey Officers.
7.Cost of survey operations may be defrayed in the first
instance by Government in certain cases.
8.Survey to be carried out in the prescribed manner.
9.Power to record boundary as undisputed.
10.Power
of Survey Officer to determine and record a disputed boundary with reasons.
11.Appeal
against orders of Survey Officer.
12.Period
within which appeal may be preferred.
13.Completion
of demarcation to be notified.
14.Right
to institute a suit in respect of boundary of the property surveyed.
15.Liability
of registered holders for maintenance of survey marks.
16.Imposing
of charges and appeals.
17.Duties
of Village Official.
CHAPTER III
MISCELLANEOUS
Sections
18.Power
to enter upon, examine and clear obstruction ob lands.
19.Power
to summon witnesses and require production of documents.
20.Reference
to arbitration.
21.Registered
holder may recover expenses paid by him from owner.
22.Power
to make rules
23.Immunity
for Acts done or purporting to be done in good faith.
24.Repeal
and savings.
THE
KERALA SURVEY AND BOUNDARIES ACT 1961*.
(ACT 37 OF 1961)
(Amended by Act
23 of 1972)
An Act to consolidate, amend and
unify the law relating to the survey of lands and Settlement of boundary disputes
in the State of Kerala
Preamble.--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 Kerala
BE it enacted
in the Twelfth Year of the Republic of India as follows :--
CHAPTER I
PRELIMINARY
1.Short title, extent and commencement.--(1)
This Act may be called the Kerala Survey and Boundaries Act, 1961.
(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.Definitions.--In
this Act, unless the context otherwise requires,--
(i) "Collector"
means theCollector 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 Government under this Act ;
(iv) "Registered
holder of any land" means the person in whose name of the land in question
of the land in question is registered in the Government accounts of the Village.
Explanation (1)
--Who any person other than the registered
holder is in lawful management of a land, otherwise than as agent or servant of
the registered holder or mortgagee such person shall be deemed to be the registered
holder in respect of such land.
Explanation(2)--When a
land is so registered in the name 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 joint holder or joint 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 ;
(vi) "Survey"
includes all operations incidental to the determination measurement and record of
a boundary or boundaries or any part of a bound and includes or resurvey ;
(vii)
"Survey mark" means any mark or object, erected , made employed or specified
by a Survey Officer to indicate or determine or assist in determining the position
or level of any point or points ;
(viii)
"Survey Officer" means any officer appointed by the Government as a Survey
Officer under Section 3 ;
(ix) "Village
Official" includes Village Officer, Village Assistant, Adhikari, Menon, Potail
and Shanbogue .
3.
Appointment of survey Officers.—
(1) The Government by name or by virtue
of his office to be a Survey Officer for all or any of the purposes of this Act.
(2) Subject
to the control of the Government and any other officer or authority appointed be
the Government in this behalf, every officer appointed as Survey Officer shall exercise
the powers and perform the duties of a Survey Officer within such local limits as
the Government may, from time to time direct.
The Government
may, by order, direct that the powers exercisable by them under sub-section (1)
and (2) may also be exercised by such officer or authority; subject to such conditions
as may be specified by them in this behalf .
CHAPTER II
SURVEY OF LANDS
4.
Government may direct the survey of any land or any boundary of any land.--The
Government or subject to the control of the Government, any officer or, authority
authorised by the Government in this behalf, may, by notification in the Gazette,
order 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 registered land.
16 [4A Government
may direct the survey and demarcation of any lands belonging to local authority.-
Whenever a local, authority as defined in the Kerala Panchayat Raj Act, 1994 (13
of 1994) or in the Kerala Municipality Act, 1994 (20 of 1994) requests the Government
for surveying and demarcating the boundaries of any land vested or owned by it,
the Government or any officer or authority authorized by the Government in this
behalf, by notification in the Gazette shall get the land surveyed and demarcated.]
5. Survey of lands hit by sea erosion or action of river .--The registered holder of any land
may apply to the Government or to any officer or authority authorised by the Government
in this behalf for the survey of his land on the ground that a portion of the land
has been lost by sea erosion or action of river, and thereup in the Government or
such officer or authority as the case may be, may order the survey of the land .
6.
Notification to be published by Survey Officers .--(1)
When any survey is ordered under Section 4 or Section 5 the Survey Officer shall
publish a notification in the Gazette in the prescribed manner inviting all persons
having any interest in the land or in the boundaries of which the survey has been
ordered, to attend either in person or by agent at a specified place, and time and
from time to time thereafter when called upon for a purpose of pointing out boundaries
of which the survey has been ordered ,to attend either in persopn or by agent at
a specified place and time and from time to time thereafter when called upon for
the purpose of pointing out boundaries and supplying information in connection therewith
8[
(2) A
notification published under sub-section (1) shall be held to be a valid notice
to any person*[
] having any interest in the land or in the boundaries of which the survey has been
ordered.
(3) such
notification shall further require every person, whether a registered holder or
not, having interest in the land or in the boundaries of which the survey has been
ordered--
(a)to clear within a specified period by cutting down
or removing any trees, jungle, fences, standing crops or other material obstructions,
the boundaries or other lines the clearance of which may be necessary for the purposes
of the survey ;
(b)to provide labour at such times and for such periods
as may, from time to time, be required by furnishing flag holders and chairman ;
and
(c)to provide suitable survey marks and otherwise to give
such assistance in the survey as may be demanded under this Act or the rules made
thereunder.
(4)
Iif any person fails to comply with any requisition of a Survey Officer made under
clause (a), clause (b) or clause (c) of sub-section (3) the Survey Officer may himself
employ hired labour**[or
such number of chairman as he considers necessary] for the purposes of survey.
(5)
The cost of the labour**[and the cost for time and labour of the Chairman
(Whether such chairman be Government servants or not] and apportioned in the prescribed
manner among the persons who have any interest in the land or in the boundaries
of which the survey has been ordered and shall be recoverable 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 of survey operations may be defrayed in the first instance
by Governmentin certain cases.--Notwithstanding anything
contained in sub-section (3),(4) and (5) of section 6, whenever it may appear to
the Survey Officer to be desirable that the cost of all or any of the operations
prescribed in clauses (a), (b) and (c) of sub-section (3) of section 6 shall be
defrayed in the first instance by the Government , he may with the previous sanction
of the Government, in lieu of the notification prescribed in sub-section (3) of
section 6 issue a notification that such cost shall be defrayed 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 under sub-section (5) of section 6
:
Provided
that the cost of the operation in connection with the survey carried out in accordance
with the orders passed under section 5 shall, in the first instance, be borne by
the Government and 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.
Survey to be carried out in the prescribed manner.--Every
Survey Officer shall be bound to carry out the survey in the manner prescribed.
9.
Power to record boundary as undisputed.—
(1)
The Survey Officer shall have power to determined and record ass undisputed any
boundary in respect of which no dispute is brought to his notice.
(2)
Notice of every decision of the Survey Officer under sub-section (1) shall be given
in the prescribed manner to the registered holders of the lands, the boundaries
of which may be affected by the decision.
10.
Power of survey officer to determine and record a disputed boundary with reasons.—
(1)Where a boundary is disputed the Survey Officer
shall, after making such inquiries as he considers necessary, determine the boundary
and record it in accordance with his decision with reasons in writing for arriving
at that decision.
(2)
Notice of every decision of the Survey Officer 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 decision.
11.Appeal against orders of survey Officer.—
(1) Any person aggrieved by a decision
under section 6, section 7, section 9 or section 10 may appeal to such authority
as may be prescribed. The appellate authority 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 decision ordered
by the appeallate authority shall be noted in the record prepared under section
9 or section 10, as the case may be.
(2)
A copy of the order and a copy of the map recording the boundaries as determined
under section 9, section 10 or sub-section (1) of this section 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 prescribed.
12.
Period within which appeal may be preferred.—
(1)
An appeal under section 11 shall be preferred within three months from the date
of service of notice under section 6, section 9 ors section 10 provided that the
time taken to obtain a copy of the decision 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 admitted unless for reasons
to be recorded in writing the appellate authority is satisfied that the appellant
had good and sufficient cause for not preferring the appeal within such a period.
Explanation.--The
fact that notice under section 6, section 9 or section 10 was not served in the
prescribed manner on the appellant shall be deemed to be good and sufficient cause.
(3) No appeal shall be admitted
under sub-section (2) after the issue of the notification specified in section 13.
13.Completion of demarcation to be notified.—
When the survey
of any land or boundary which has been notified under section 4, or ordered under
section 5 has been competed in accordance with the orders passed under section 5has
been completed in accordance with the orders passed under section 9, section 10
or section 11 the Survey Officer shall notify the fact in the Gazette and a copy
of such notification shall be posted in the villager office, if any of the village
to which the survey relates . Unless the survey so notified is modified by a decree
of a civil court under the provisions of section 14, the record of the survey shall
be conclusive proof that the boundaries determined and recorded therein have been
correctly determined and recorded.
14.
Right to institute a suit in respect of boundary of the property surveyed.—
(1)
Any person deeming himself aggrieved by the determination of any boundary under
section 9, section 10 or section 11 may, subject to the provisions of the law of
limitation in force for the time being, institute a suit within one year from the
date of the notification under section 13 to set asice 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 records.
(2) In
any suit under sub-section (1) the plaintiff shall join as parties to the suit all
persons whom he has reason to believe to be interested in the boundary which is
subject to the suit.
15.
Liability of registered holders for maintenance of survey marks .—
(1)
Subject to such conditions as may be prescribed in this behalf, every registered
holder of land shall be bound to maintain, renew and repaid the survey marks on
or within the boundaries of his holding and, in default of his doing so, the Survey
Officer, the Collector or any of the subordinates of such officers may, at the cost
of the Government, maintain, 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 arrear of public revenue due on land
such cost may include the cost of all operations incidental to such maintenance
renewal or repair.
(2) Before
a Survey Officer or Collector or any of 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 default has been committed
and calling 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 days from the date of service
thereof. If a notice under this sub-section cannot be served personally on the registered
holder a copy of the same shall be served on the person in possession of the land
or other person interested in the land.
16.
Imposing of charge and appeals.—
(1)
Every order of aSurvey Officer or Collector
or the subordinates of each officers imposing 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 in their application and on payment of such cost as may be prescribed.
(2) The
order of the Survey Officer , Collector or the subordinates of such officers shall
be final, if no appeal is preferred and in the event of an 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 prescribed within two months of the date of service
of such order.
17.Duties of Village Official.--It
shall be the duty of every Village Official--
(a)to
prevent the destruction injury, removal or alteration of any survey mark on or within
the limits of his jurisdiction ; and
(b)When
he becomes aware that any such mark has been destroyed, injured, removed or altered,
to report the fact such authority as may be prescribed.
CHAPTER III
MISCELLANEOUS
18.Power
to enter upon, examine and clear obstruction on lands.—
For the purpose
of any survey, enquiry or other proceedings under this Act, the Survey Officer or
the Collector or any of the subordinates of such officers shall have power to enter
upon examine and measure any land under survey and to clear by cutting down or removing
any trees, jungle, fences, standing crops or other material obstructions, the boundaries
or other lines the clearance if which may be necessary for the purposes of the survey.
19.
Power to summon witness and require production of documents.--
Any Survey Officer,
generally or specially authorised in that behalf or the Collector or any officer
to whom an appeal is preferred under any of the provisions 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 purpose of any survey
, enquiry or other proceedings under this Act, summon and enforce the attendance
of any person for giving evidence and for production of documents and the procedure
prescribed in the Code of Civil Procedure, 1908, for summoning and enforcing the
attendance of witnesses and for recording of evidence shall be followed as far as
it can be made applicable.
20.
Reference to arbitration.—
(1)
The Collector or the Survey Officer , 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 decision 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.
21.Registered holder may recover expenses paid
by him from owner.—
(1)
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 expenses are recovered under
this Act in respect of such survey , shall, if he be not the owner thereof, acquire
a charge on such land to the extent of the exzpenses 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 interested in any registered land under survey
to pay the charges payable under this Act in respect of the survey of such land,
through he be not the registered holder thereof and all such sums, if paid by a
tenant or lessee may be deducted from any rent than or afterwards due by him in
respect of such land and if paid by any other person interested in suchland, and
if paid by any other person interested in such land, shall be a chargé of such land
such sums shall bear interest at the rate of 6 per cent per annum.
(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 other
co0-owner on such land with interest at the rate aforesaid.
22.
Power to make rules.—
(1)
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
rules may--
(a)prescribe for different localities the unit of survey,
the such divisions thereof and the description of survey marks and provide 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 exercised by such officers;
(d)Prescribe and regulate the procedure to be followed
those officers in the conduct of proceedings 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, communications
and notices to be issued, communicated, given or served under this Act ;
(f)Prescribed the form of application under section 5
and the fees to be paid along with such application ;
(g)Regulate 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)Provide for the appointment of all charges directed
to be appointed by this Act and for the determination of the cost of labour *[or
the cost for the determination of the cost of labour the survey marks used in any
such survey ;
(i)Prescribed the fees payable for processes issued and
copies granted 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 modifications
as the Llegislative Assembly may make during the session in which they are so laid
or the session immediately following.
23.Immunity for acts
done or purportin to be done in good faith.—
No suit, prosecution
or other legal proceedings shall lie against any officer or the Government for anything
which is in good faith done or purporting to be done under the provisions of this
Act or the rules made thereunder.
24.Repeal and savings.—
(1)
The Madras Survey and Boundaries Act, 1923, (Acct VIII of 1923) as in force in the
Malabar District referred to in sub-section (2) of section 5 of the States Reorganisation
Act, 1904 (Act X of 1904) and the Cochin Survey Act II of 1074, are hereby repealed.
(2)
Notwithstanding such repeal,--
(a)anything done or any action taken, including any appointment
or delegation made, order or direction issued or rule made under any of the aforesaid
Acts shall be deemed to have been made or issued under the corresponding provision
of this Act shall continue in force accordingly unless and until superseded by anything
done or any action taken under this Act ;
(b)all suits and other proceedings under any of the aforesaid
Acts pending at the commencement of this Act bnefore any court or Act, as if that
aforesaid Act had continued in force and it is Act had not been passed.
THE
KERALA SURVEY & BOUNDAIRIES (AMENDMENT) ACT, 1972*
(ACT 23 OF 1972)
An act to amend the Kerala Survey
& Boundaries Act 1961
Preamble.--WHEREAS
it is expedient to amend the Kerala Survey and Boundaries Act, 1961 for the purposes
hereinafter appearing :
BE it enacted in the Twenty-third year of the Republic of India as follows :--
1.Short title.--This
Act may be called the Kerala Survey and Boundaries ( Amendment) Act, 1972.
2.Amendment of section 6.--In
section 6 of the Kerala Survey and Boundaries Act, 12961 (37 of 1961) (hereinafter
referred to as the Principal Act)
(a)in sub-section (1), the last sentence shall be omitted
;
(b)in sub-section (2), the brackets and words "(other
than the registered holder)" shall be omitted.
(c)In sub-section (4), after the words "hired labour"
the word "or such number of chairman as he considers necessary " shall
be inserted.
(d)In sub-section (5), after the words "the cost
for the time and labour of the Chairman (whether such Chairman be Government Servants
or not) shall be inserted.
3.Amendment of section22.--In
section 22 of the Principal Act in sub-section (2), in clause (h), after the words
"the cost of labour" the words "or the cost for the time and labour
of chairmanshall be inserted.
THE KERALA SURVEY
AND BOUNDARIES (AMENDMENT) ACT, 1986*
(ACT 18 OF 1986)
An
Act further to amend the Kerala Survey and Boundaries Act, 1961.
Preamble.--WHEREAS it
is expedient further to amend the Kerala Survey and Boundaries Act, 1961, for the
purposes hereinafter appearing ;
BE it enacted
in the Thirty-Seventy Year of the Republic of India as follows :--
1.Short title and commencement.--(1)
This Act may be called the Kerala Survey and Boundaries (Amendment) Act, 1986.
(2) It shall
be deemed to have come into force on the 19thday of November, 1983.
2.Amendment of section 6.--In
section 6 of the Kerala Survey and Boundaries Act, 1961 (37 of 1961) (hereinafter
referred to as the principal Act) to sub-section (1), the following proviso shall
be added, namely :--
Provided that
where the survey is ordered for the purpose of, or in connection with, the acquisition
of any land under the law relating to compulsory acquisition of land for public
purposes for the time being in force, the notification under this subsection may
be published in the Gazette or in two daily newspapers which, in the opinion of
Survey Officer have wide circulation in the locality in which the land in respect
of which the survey has been ordered is situated '
3.Amendment of Section 9.--In
section of the principal Act for sub-section (2), the following sub-section shall
be substituted, namely :--
"(2) Notice
of every decision of the Survey Officer under sub-section (1) shall be published
--
(a)in the Gazette or in two daily newspapers which, in
the opinion of the Survey Officer, have wide circulation in the locality in which
the lands the boundaries of which may effected by the decision are situated ;
(b)in the offices of the village and the taluk in which
such land are situated ; and
(c)in the office of the panchayat or the Municipal council
or municipal corporation, as the case may be, within whose jurisdiction such lands
are situated "
4.Repeal and saving.--(1)
The Kerala Survey and Boundaries Amendment ) Ordinance , 1986 (38 0f 1986) is hereby
repealed.
(2) Notwithstanding such repeal,
anything done or deemed to have been done or any act on taken or deemed to hve been
taken under the principal Act as amended by the said Ordinance shall be deemed to
have been done or taken under the principal act as amended by this Act.
*Published
in the Kerala Gazette Extraordinary No.147 dated the 22ndDecember, 1961.
*Published
in the Kerala Gazette Extraordinary No.147 dated the 22ndDecember, 1961.
16 Inserted by Act 16 of 2000
* Omitted by Act 23 of 1972
**Inserted by
Act 23 of 1972
·*Published
in the Kerala Gazette Extraordinary No. 709 dated the 28thNovember, 1972.