LexThe TAMIL NADU SURVEY AND BOUNDARIES ACT, 1923
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this act
LAW DEPARTMENT
THE TAMIL NADU SURVEY AND BOUNDARIES ACT, 1923
(TAMIL NADU ACT NO.VIII OF 1923)
(Act as modified up to 1st November 1974)
©
GOVERNMENT OF TAMIL NADU
1976
PRINTED BY THE DIRECTOR OF STATIONERY AND
PRINTING, MADRAS ON BEHALF OF THE
GOVERNMENT OF TAMIL NADU
1976
2
GOVERNMENT OF TAMIL NADU
LAW DEPARTMENT
THE TAMIL NADU SURVEY AND BOUNDARIES ACT, 1923
(TAMIL NADU ACT VIII OF 1923)
(As modified upto the 1st November, 1974)
REFERENCES TO PAPERS CONNECTED WITH THE PRINCIPAL ACT.
1. The Tamil Nadu Survey and Boundaries act, 1923 (Tamil Nadu Act 8 of 1923)
(For statement of Objects and Reasons, see Part IV of the Fort St. George Gazette, dated
the 1 st February 1921, page 374; for Proceedings in Council, see Proceedings of the
Tamil Nadu Legislative Council, Volume -I, pages 72 -84; Volume II, pages 72 -74;
Volume IX, pages 565 -566; Volume X, pages 1076 -1096, 1108 -1149 and 1179 -1220;
and Volume XI, pages 1384-1395).
3
ARRANGEMENT OF SECTIONS.
PREAMBLE
CHAPTER I.
PRELIMINARY.
SECTIONS.
1. Title,
Local extent.
2. Repeal.
3. Interpretation clause.
4. (1) State Government to appoint survey officers.
(2) State Government to prescribe jurisdiction of survey officer.
(3) State Government may delegate powers of control.
CHAPTER II.
THE SURVEY OF GOVERNMENT LANDS.
5. State Government may direct the survey of Government land or of any
boundary of such land.
6. (1) Notification to be published by survey officers.
(2) such notification to be valid notice to persons interested.
7. Survey officer to carry out the survey in the prescribed manner.
8. Cost to be charged to persons interested in the lands surveyed.
9. (1) Power of survey officer to determine and record an undisputed
boundary.
(2) Notice to registered holders of lands affected.
4
SECTIONS
10. (1) Power of survey officer to determine and record a disputed
boundary.
(2) Notice to parties to the dispute and to registered holders of land
affected.
11. Appeals against orders under section 9 or 10.
12. Period within which appeal should be preferred.
13. Completion of demarcation to be notified.
14. Institution of a suit in civil court within three years to establish rights
claimed in respect of the boundary of the property surveyed.
15. (1) Registered holders responsible for the maintenance of survey
marks.
(2) Notice to the registered holder.
(3) Duties of village officers.
CHAPTER III
THE SURVEY OF ESTATES.
17. State Government may direct the survey of an estate in certain cases.
18. Procedure to be observed during survey.
19. Cost of survey recoverable from proprietor.
20. (1) State Government may direct apportionment of costs among lands
surveyed.
(2) Apportionment how made.
(3) Cost so apportioned recoverable by proprietor from tenants.
21. Consequences ensuing on completion of survey of an estate
(i) Duty of tenants
(ii) Duties of village officers
5
CHAPTER IV
MISCELLANEOUS
SECTIONS.
22. Power to enter upon, examine, and clear obstruction on lands.
23. Power to summon witnesses and require production of documents.
24. Reference to arbitration.
25. (i) Proprietor or registered holder may recover expenses paid by him
from the owner of the estate or Government land and may acquire a
charge upon the land to that extent.
(ii) Person claiming an interest may pay charges payable by proprietor
or registered holder and acquire a charge.
(iii) Extent of such charges.
26. State Government may make rules under the Act.
27. Immunity for acts done in good faith or purporting to be so done.
6
GOVERNMENT OF 2 [TAMIL NADU]
LAW DEPARTMENT
THE TAMIL NADU SURVEY AND
BOUNDARIES ACT, 1923.
(TAMIL NADU ACT NO.VIII OF 1923)
(ACT AS MODIFIED UP TO 1-11-74)
(Received the assent of the Governor on the 21 st February 1923 and that of
the Governor-General on the 12 th March 1923; the assent of the Governor -
General was first pu blished in the Fort St. George G azette of the 29 th May
1923.)
An Act to amend the law relating to survey of lands and settlement of
boundary disputes.
WHEREAS it is expe dient to consolidate and amend the law relating to
survey of lands and settlement of boundary disputes and whereas the
previous sanction.
1. For Statement of Objects and Reasons, see Part IV of the Fort St. George Gazette, dated 1 st
February 1921, page 374; for Proceedings in Council, see Proceedings of the Tamil Nadu Legislative
Council, Volume-I, pages 72-84; Volume II, pages 72-74; Volume IX, pages 565-566; Volume X. pages
1076-1096, 1108-1149 and 1179-1220; and Volume XI pages 1384-1395).
2. Substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second amendment) Order, 1969.
This Act was extended to the merged State of Pudukkottai by section 3 of, and the First
Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949)
This Act was extended wi th modification to the Kanyaku mari district a nd the Shencottah taluk
of the Tirunelveli district by section 9 (2) of the Tamil Nadu (Transferred Territory) Extension of Laws
act, 1957 (Tamil Nadu Act XXII of 1957). repealing the corresponding law in force in that territory.
All doubts as to th e validity of this Act have been removed by the Tamil Nadu Survey and
Boundaries Act, 1923 (Validation) Act, 1924 (Tamil Nadu Act II of 1925).
Preamble
7
Survey and Boundaries [1923: T.N.Act VIII]
of the Governor -General has been obtained under section 80 -A (3) of the
Government of India Act; It is hereby enacted as follows:-
CHAPTER-1
PRELIMINARY
Title 1. (1) This Act may be called ‘the 1[Tamil Nadu] Sur vey and
Boundaries Act, 1923.’
Local extent (2) It extends to the whole of the State of 1[Tamil Nadu]
Repeal 2. The 1[Tamil Nadu] Survey and Boundaries Act, 1897, is
hereby repealed.
Interpretation
clause
3. In this Act, unless there is something repugnant in the
subject or context, -
Estate (i) ‘Estate’ means
(a) any permanently -settled estate whether a Zamindari,
jaghir, mitta or palaiyam;
(b)any portion of such permanently -settled estate which has
been separately registered in the office of the Collector;
(c)any unsettled palaiyam or jaghir;
(d)any inam village of which the grant was made or has been
confirmed by the British Govenment;
2 Substituted for the expression “State of Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969.
This Act was extended to the merged State of Pudukkottai by section 3 of, and
the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu
Act XXXV of 1949)
This Act was extended with modification to the Kanyakumari district a nd the
Shencottah taluk of the Tirunelveli district by section 9 (2) of the Tamil Nadu
(Transferred Territory) Extension of Laws act, 1957 (Tamil Nadu Act XXII of
1957), repealing the corresponding law in force in that territory.
All doubts as to th e validity of this Act have been removed by the Tamil Nadu
Survey and Boundaries Act, 1923 (Validation) Act, 1924 (Tamil Nadu Act II of
1925).
8
(1923: T.N.Act) Survey and Boundaries)
(e) any portion, consisting of one or more villages of any of
the estates specified above in clauses (a), (b) and (c), which is
held on a permanent under-tennure.
(ii) ‘Government land’ means any land not forming an estate
or any portion thereof.
(iii) ‘Prescribe’ means prescribed by rules framed under this
Act
(iv) ‘Proprietor’ means any person in whose name any estate
is for the time being registered in the office of the Collector of
the district wherein th e estate is situated, and in respect of an
estate specified in clause (e) of sub-section (i) the holder there of
(v) The ‘registered holder’ of any Government land means
the person in whose name the land in question is registered in
the Government accounts of the village:
Provided that when any person other than the registered holder
is in lawful management of Government land otherwise than as
agent or servant of the registered holder or as mortgagee or
lessee, such person shall be deemed to be the registered holder
in respect of such Government land.
(vi) Where an estate or Gover nment land is so registered in
the names of two or more persons jointly, the ‘Proprietor’ or
‘registered holder’, as the case may be, shall, for the purposes of
this Act, be the person who is recognized by the other joint
holders as the manager of the estate or who, in case of dispute is
recognized by the Collector as senior joint holder
(vii) ‘Survey’ includes all operation incidental to the
determination, measureme nt and record of a boundary or
boundaries, or any part of a boundary and includes a resurvey.
(viii) ‘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
125-56-2
Government
land
Prescribe
Proprietor
Registered
holder
Proprietor
or Regis
tered holder
in case of
joint regis-
tration.
‘Survey’
‘Survey’
Mark.
9
Survey and Boundaries (1923: T.N.Act)
‘Survey
Officer’
(ix) ‘Survey officer’ means any person appointed to be a
survey officer under section 4.
1 [ (x) ‘Village headman’ and ‘village accountant’ in relation to
the Kanyakumari district and the Shencottah taluk of the
Tirunelveli district respectively include, ‘Village Officer’ and
‘Village assistant’]
4. (1). The 2[State Government] may by notification appoint any
person either 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 2[State Government] and of
any officer of authority appointed by it in this behalf every person
so appointed shall exercise and perform the powers and duties of a
survey officer within such local limits, and for such periods of
time as the 2[State Government] may direct
(3). The 2[State Government] may delegate its powers under
sub-sections (1) and (2) to such officer or authority as it thinks fit.
Village
headman
village
accountant.
State Government
to appoint
survey
officer.
State
Government
to prescribe
jurisdiction
of survey
officer.
State
Government
may delegate
powers of
control.
CHAPTER II
THE SURVEY OF GOVERNMENT LANDS
State
Government
may direct
the survey
of Govern-
ment land
or of any
boundary
of such land.
5. The 2[State Government] or subject to the co ntrol of the
2[State Government] any officer or authority to whom this power
may be delegated by
1.This clause was inserted by section 9(2) of the Tamil Nadu (Transferred Territory)
Extension of Laws Act, 1957 (Ta mil Nadu Act XXII of 1957) Although section 9(2)
aforesaid directs this clause to be added to section 2, the addition has been made to
section 3, as the reference to section 2 is a mistake.
2. The words “Provincial Government” were substituted for th e words “Local
Government” by the Adaptation Order of 1937 and the word “State” was substituted for
“Provincial” by the Adaptation Order of 1950.
10
(1923: T.N.Act) Survey and Boundaries
it may by notification order a survey of any Government land or of
any boundary of such land or of the boundary forming the common
limit of Government land and land that is not Government land
6. (1). When any survey is ordered under section 5, t he survey
officer shall publish a notification 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 the purpose of po inting out boundaries and
supplying information in connection therewith
(2). A notification published under sub -section (1) shall be held
to be a valid notice to every person having any interest in the land
or in the boundaries of which the survey has been ordered.
7. The survey officer shall carry out the survey in the prescribed
manner
8. 1[(1)] The cost , if any, of the labour employed and of the
survey marks used in any survey notified under section 5 s hall be
determined and apportio ned in the prescribed manner among the
persons who have any interest in the lan d 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 apportionm ent shall be given in the prescribed
manner to the persons afore-said.
1 [(2).Any person affected by a d ecision under sub -section (1)
may appeal to the prescribed officer whose decision with reasons
therefore, shall be recorded in writing; and notice of such decision
shall be given in the prescribed manner to the parties to the appeal.
(3).An appeal under sub -section (2) shall be preferred within
three months from the date of service of notice under sub -section
(1), after excluding the time taken to obtain a copy of the decision:
Notification
to be
published by
survey
officers..
Such notifi
cation to be
valid notice
to persons
interested.
Survey
officer to
carry out the
survey in the
prescribed
manner..
Cost to be
charged
persons
interested in
the lands
surveyed.
1Section 8 was renumbered as sub -section (1) of that section and sub -section (2) to (4)
were added by section 2 of the Tamil Nadu Survey and Boundaries (Amendment) Act,
1952 (Tamil Nadu act X 1952)
125-56-3
11
Survey and Boundaries (1923: T.N.Act VIII)
Power of
survey
officer to
determine
and record
an undisputed
boundary.
Notice to
registered
holders of
lands
affected.
Power of
survey officer
to determine
and record
a disputed
boundary
Notice to
parties to
the dispute
and to
registered
holders of
land affected.
Provided that the appellate authority may admit on appeal after
the expiry of the said period on his being satisfied that the
appellant had good and sufficient cause for no preferring the
appeal within that period.
Explanation:- The fact that notice under sub -section (1) was
not served personally on the appellant shall be deem ed to be good
and sufficient cause within the meaning of the above proviso
(4)A copy of the order under sub-section (2) shall be furnished
to any person interested in such order on his application and at his
cost.]
9. (1) The survey officer shall have power to determine and
record as undisputed any boundary in respect of which no dispute
is brought to his notice.
(2).Notice of every decision of the survey officer under section
9(1) shall be given in the prescribed manner to the registered
holders of the lands the boundaries of whic h may be affected the
decision.
10. (1) Where a boundary is disputed, the survey officer, after
making such inquiry as he considers necessary, shall determine the
boundary and record it in accordance with his decision. The
survey officer shall record in writing the reasons for his decision.
(2) Notice of every decision of the survey officer under section
10(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.
12
[1923: T.N.Act VIII] Survey and Boundaries
11 (1). Any person affected by a decision under [section 9 or
10] may appeal to the prescribed officer. The decision of the
appellate authority with reasons ther efore shall be recorded in
writing and notice of such decision shall be given in the prescribed
manner to the parties to the appeal. Any modification of the survey
officer’s decision, ordered by the appellate authority, shall be noted
in the record prepared under section 9 or 10, as the case may be.
(2) 2[A copy of the order and a copy of the map recording the
boundaries as determined under section 9, 10 or 11(1) shall be
furnished to any person interested in such order or map] as the case
may be on his application and at his cost.
12 (a) An appeal under section 11 shall be preferred within
three months from the date of service of notice under [section 9 or
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 appeal
(b). No appeal preferred after the expiry of the said period shall
be admitted, provided that the appellate authority may admit an
appeal after the expiry of the said period on his be ing satisfied that
the appellant had good and sufficient cause for not preferring the
appeal within such period
Explanation:- The fact that notice under 1[section 9 or 10] was not
served personally on the appellant shall be deeme d to be good and
sufficient cause within the meaning of the above proviso.
Appeals
against
orders under
section 9
or 10.
Period
within which
appeal
should be
preferred.
Proviso.
1. These words and figures were substituted for the words and figures “Sect ions 9 or 10”
by section 3 of the Tamil Nadu Survey and Boundaries (Amendment) Act, 1952 (Tamil
Nadu Act X of 1952).
2. These words were substituted for the words “A copy of the order under section 10 or 11
(1) and a copy of the order regarding the bound aries as determined under section 9, 10 or
11(1) shall be furnished to any person interested in such orders” by section 3 of the Tamil
Nadu Survey and Boundaries Act, 1923 (Validation) Act, 1924 (Tamil Nadu Act II of
1925).
Amendment to section 12
*for words “three months” read as “one month”
Authority:- Govt of Tamilnadu gazette No.486 dated 27 August 1986.
13
Survey and Boundaries (1923: T.N.Act VIII)
Completion
or demarca-
tion
to be
notified.
Institution
of a suit in
Civil Court
within three
years to
establish
rights
claimed in
respect of
the
boundary
of the
property
surveyed.
Registered
holders
responsible
for the
maintenance
of survey
marks
(c).No appeal shall be admitted under sub -section (b)
after the issue of the notification specified in section 13.
13.When the survey of any land or boundary which has
been notified under section 5 has been completed in
accordance with the orders passed under section 9, 10 or 11,
the survey officer shall noti fy the fact in the district gazette
and a copy of such notification shall be posted in the village
chavadi, 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 se ction 14, the record of
the survey shall be conclusive proof that the boundaries
determined and recorded therein have been correctly
determined and recorded.
14. Any person deeming himself aggrieved by the
determination of any boundary under section 9, 10 or 11
may subject to the provisions of Parts II and III of the Indian
Limitation Act 1908, institute a suit within three years from
the date of the notification under section 13 to set aside 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
record.
The plaintiff in such suit shall join as parties to it all
persons whom he has reason to believe to be interested in
the boundary which is the subject of the suit.
15.(1) Subject to such conditions as may be prescribed
in this behalf, every registered holder of Government land
shall be bound to maintain, renew and repair the survey
marks on or within the boundari es of his holding and in
default of his doing so the survey officer or the Collector
may, at the cost of
Central Act
XI of 1908
14
[1923: T.N.Act VIII] Survey and Boundaries
the 1[State Government] maintain, renew and repair such survey
marks determine and apportion the cost of so doing, and recover
such cost as an arrear of land revenue. Such cost may include the
cost of all operations incidental to such renewal or repair but not
any charges on account of survey officers and sup ervising
establishment.
(2) Before a survey officer or Collector maintains, renews or
repairs any survey marks, 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 be not less than 15
days from the date of service thereof.
(3) If the notice under 2[(sub-section ( 2)] cannot be served
personally on the registered holder, a copy of the same shall be
served also on the cultivator or other person interested in the land.
16. It shall be the duty of every village headman and of every
village accountant--
(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 to the
prescribed officer.
Notice to the
registered
holder.
Notice to
cultivator
or other
person inter-
ested.
Duties
of village
officers.
1. The words “Provincial Government” were substituted for the words “Local
Government” by the Adap tation Order of 1937 and the word “State” was substituted for
the word “Provincial” by the Adaptation Order of 1950.
2. This word brackets and figure were substituted for the word, brackets and figure “Sub-
clause (2)” by section 4 of, and the Third Sched ule to the Tamil Nadu Repealing and
amending Act, 1957 (Tamil Nadu Act XXV of 1957)
125-56-4
15
Survey and Boundaries (1923: T.N.Act VIII)
CHAPTER III
THE SURVEY OF ESTATES
State
Government
may direct
the survey
of an estate
in certain
cases.
Procedure to
be observed
during
survey.
17. The 1[State Governmen t] or subject to the control of the
1[State Government], any officer or authority to whom this power
may be delegated by it, may by notification direct the survey of
any estate or portion of an estate or of any boundary therein--
(a) on the application in writing of the proprietor of such estate
or in the case of a boundary, of any person interested therein; or
(b) without such application when ever in the opinion of the
1[State Government] such survey is necessary---
(i) for the better or more convenient assessment or levy of
irrigation cess;
(ii) for any other reason to be recorded prior to the issue of
such notification.
Provided (1) that any person making an application under
clause (a) shall forward with his application & statement in writing
signed by him to the effect that he will pay the whole cost of the
survey and if required will deposit the amount in a G overnment
treasury before the survey is commenced and (2) that any survey
commenced under that clause may be stopped on the withdrawal of
his application by the applicant unless the 1[State Government]
sees reason to direct the continuance of the survey in virtue of the
power conferred on it by clause (b).
18. Except as provided in sections 19 and 20, the conduct of
such survey and the proceedings of the survey officer shall, as far
as may be, be regulated by the procedure laid down in Chapter II
with regard to the survey of Government lands; and the provisions
1. The wor ds “Provincial Governmen t” were substituted for the word s “Local
Government” by the Adaptation Order of 1937 and the word “State” was substituted
for the word “Provincial” by the Adaptation Order of 1950.
16
[1923: T.N.Act VIII] Survey and Boundaries
contained in that chapter in regard to appeals from the orders of a
survey officer, the granting of copies thereof and the effect of such
orders, and of the decisions passed in appeal s there from and in
regard to the right of suit in respect of such orders and decisions
shall, as far as may be, apply to all orders passed by a survey officer
under this chapter and to the decisions passed in appeals against
such orders.
19. All costs incurred by the 1[State Government] on account of
a survey directed under clause (a) of section 17 shall be recoverable
from the persons who have any interest in the estate, portion of
estate, or boundary of which the survey has been ordered as an
arrear of land revenue; the cost of a survey directed under clause (b)
(i) and (ii) of section 17 shall be borne by the 1[State Government]
unless otherwise provided by any law for the being in force.
20 (1) On the application of the proprietor of an estate in which
any survey has been made, the 1[State Government] or any officer,
or authority to whom this power may be delegated by it, may direct
the survey officer to apportion among the holders of the lands or
persons interested in the boundaries whic h have been surveyed the
whole or a specified portion of the cost of such survey; provided
that no tenant under a proprietor shall be called upon to pay a larger
sum on account of such survey than he would be liable to pay if he
held his land directly under the Government.
(2) The apportionment under sub -section (1) shall be made in
the prescribed manner.
(3) The amount apportioned under this section when it is due by
the tenants of a proprietor shall be recoverable as if it were an arrear
of rent due by a tenant to his landholder
Cost of
survey
recoverable
from prop-
rietor.
State
Government
may direct
apportion-
ment of
costs
among
lands
surveyed.
Apportion
ment how
made.
Cost so
apportioned
recoverable
by proprietor
from tenants.
1. The words “Provincial Government” were substituted for the words “Local
Government” by the Adaptation Order of 1937 and the word “State” was substituted for
the word “Provincial” by the Adaptation Order of 1950.
17
Survey and Boundaries (1923: T.N.Act VIII)
Consequences
ensuing
on comple-
tion of
survey of
an estate
Duty of
tenants
Duties of
Village
Officers
(4) For the purpose of this section and section 21, the
expression ‘tenant’ shall include the holder of a rent-free grant.
21.When an estate or a portion of an estate or a boundary in an
estate has been surveyed in pursuance of a notification issued
under section 17, the survey officer shall report the completion of
the survey to the District Collector and to the proprietor, and the
following consequences shall there upon ensue;-
(i) Subject to such conditions as may be prescribed in this
behalf, every tenant of the land surveyed, and where there is no
tenant, the proprietor, 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 Collector may, after giving notice to the
tenant or proprietor as the case may be in the manner provide d in
sub-sections (2) and (3) of section 15, at the cost of the 1[State
Government] maintain, renew and repair such survey marks and
recover the cost of so doing as an arrear of land revenue. Such cost
may include the cost of all operations incidental to such renewal or
repair but not any charges on account of survey officers and
supervising establishment.
(ii) It shall be the duty of the headman and of the accountant of
every village the whole or a part of which has been surveyed—
(a) to prevent the destruction, injury, removal or alteration
of any survey mark on or within the limits of his village; and
(b)when he becomes aware that any such mark has been
destroyed injured removed or altered to report the fact to the
proprietor of the estate and to the Collector or to such officer
subordinate to the Collector as the District Collector may, from
time to time, direct.
1. The words “Provincial Government” were substituted for the words “Local
Government” by the Adaptation Ord er of 1937 and the word “State” was substituted for
the word “Provincial” by the Adaptation Order of 1950.
18
[1923: T.N.Act VIII] Survey and Boundaries
CHAPTER IV
MISCELLANEOUS
22. For the purposes of any survey, inquiry or other proceedings
under this Act, the survey officer or the District 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, stan ding crops or other
material obstructions, the boundaries or other lines the clearance of
which may be necessary for the purposes of the survey.
23.Any survey officer generally or specially authorized in that
behalf or the District 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 any land, summon
and enforce the attendance of any person who has an interest
therein and may for the purposes of any survey, inquiry or other
proceedings under this Act, summon and enforce the attendance of
any person for giving evidence and for the production of
documents; and the procedure prescribed in the Code of Civil
Procedure for summoning and enforcing the at tendance of
witnesses and for the recording of evidence shall be followed as far
as it can be made applicable.
24 (1) The District Collector or the survey officer may with the
consent of all the parties concerned, refer to arbitration any dispute
as to a boundary.
(2) The decision of the District Collector or the survey
officer passed in accordance with such award shall be conclusive
between the parties to such arbitration and those claiming under
them.
Power to
enter upon,
examine and
clear
obstruction
on lands.
Power to
summon wit-
nesses
and require pro-
duction of
documents.
Reference
to arbitra-
tion.
19
Survey and Boundaries (1923: T.N.Act VIII)
Proprietor
or registered
holder may
recover ex-
penses paid
by him from
the owner of
the estate or
Government
land and
may acquire
a charge
upon the
land to that
extent
Person
claiming
an interest
may pay
charges
payable by
proprietor or
registered
holder and
acquire a
charge.
Extent
of such
charges
State
Government
may make
rules under
the Act
25. (i). In the absence of a contract to the contrary a proprietor
or registered holder of any estate or Government 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 estate or
Government land to the extent of the expenses so incurred or
recovered from him with interest thereon at the rat e of 9 per cent
per annum.
(ii). It shall be lawful for any person claiming and interest in
an estate or Government land under su rvey to pay the charges
payable under this Act in respect of the survey of such estate or
Government land, thoug h he be not the proprietor or 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 him in respect
of such estate or Government land and if paid by any other person
interested or bona fide claiming an interest in the estate or
Government land, shall be a charge upon such estate or
Government land. Such sums shall bear interest at 9 per cent per
annum.
(iii). Where a person entitled under this section to a charge
on an estate or Government land is a co -owner of such estate or
Government 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 in such estate or
Government land with interest at the rate aforesaid.
26. (1) The 1[State Government] may, after previous
publication, make rules to carry out the purpose of the Act.
1. The words “Provincial Government” were substituted for the words “Local
Government” by the Adaptation Order of 1937 and the word “State” was substituted for
the word “Provincial” by the Adaptation Order of 1950.
20
[1923: T.N.Act VIII] Survey and Boundaries
(2) In particular and without prejudice to the generality of the
foregoing power such rules may –
(a) Prescribe for different localities the unit or survey, the
sub-divisions thereof and the description of the survey marks; and
provide for the maintenance, renewal and repair 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 by
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) 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;
(g) provide 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;
(h) prescribe the fees pay able for processes issued and copies
granted under this Act; and
21
Survey and Boundaries [1923: T.N.Act VIII]
Immunity
for acts
done in good
faith or
purporting
to be so
done.
(i) prescribe the manner in which arbitrat ors are to be
appointed and regulate the procedure to be followed by them.
(3) All such rules shall be laid before 1[each of the 2(Houses) of
the 3(State) Legislature] for a period of not less than two months
while 4[that house] is in session.
27. No suit or other legal proceedings shall lie against any
person for anything in good faith done or purporting to be done
under this Act.
1. These words were substituted for the words “the Legislative Council” by the
Adaptation Order of 1937.
2. This word was substituted for the word “Chambers” by the Adaptation (Amendment)
Order of 1950.
3. This word was substituted for the word “Provincial” by the Adaptation (Amendment)
Order of 1950.
4. The words “that Chamber” were substitut ed for the words “the Council” by the
Adaptation Order of 1937 and the word “House” was substituted for “Chamber” by the
Adaptation (Amendment) Order of 1950.