Tamil Nadu Survey and Boundaries (Amendment) Act, 1986*
| [Tamil Nadu Act No. 56 of 1986] | [27th August, 1986] |
An Act further to amend the Tamil Nadu Survey and Boundaries Act, 1923
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-seventh Year of the Republic of India as follows:-
* Received the assent of the Governor on the 21th August, 1986 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 486, dated August 27, 1986.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Survey and, Boundaries (Amendment) Act, 1986.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 12, Tamil Nadu Act VIII of 1923.- In the Tamil Nadu Survey and Boundaries Act, 1923 (Tamil Nadu Act VIII of 1923) (hereinafter referred to as the principal Act), in section 12, in clause (a), for the words "three months" in the two places where they ??? the words, "one month" shall be substituted.
3. Insertion of new sections 12-A and 12-B in Tamil Nadu Act VIII of 1923.- After section 12 of the principal Act the following sections shall be inserted, namely:-
"12-A. Second Appeal.- (1) A second appeal shall lie to such authority as may be prescribed against the orders passed on appeal by the appellate authority under section 11 and the provision of the said section 11 shall, so far as may be, apply to such appeal.
(2) Every appeal under this section shall be preferred within sixty days from the date of service of notice under sub-section (1) of section 11:
Provided that the prescribed appellate authority may admit an appeal after the expert of the said period on its being satisfied that the appellant had good and sufficient cause for not preferring the appeal within the said period.
(3) No appeal under this section shall be admitted after the issue of the notification specified in section 13.
12-B. Revision.- (1) The Director of Survey and Settlement may on his own motion call for and examine an order passed of proceeding recorded, under section, 11 or 12-A to satisfy himself as to the regularity off such proceeding or the correctness, legality, or propriety of any decision or order passed thereon; and if, in any case, it appears to the Director of Survey and Settlement that any such proceeding, decision or order should or modified, annulled, reversed or remitted for reconsideration, he may pass order accordingly:
Provided that the Director of Survey and Settlement shall not pass any order prejudicial to any party unless he has been, given a reasonable opportunity of being heard:
Provided farther that no revision shall be made after the issue of the notification specified in section 13.
(2) The Director of Survey and Settlement shall not part any order under sub-section (1) if-
(a) the time for appeal against that order or for filing a suit in the civil court has not expired; or
(b) the order has been made the subject of an appeal or of a revision, to any appellate authority prescribed under the Act or
(c) the order has made the subject of a suit instituted in a civil court."
4. Amendment of section 13, Tamil Nadu Act VIII of 1923.- In section 13 of the principal Act, for the expression "section 9, 10 or 11", the expression "section 9, 10, 11, 12-A or 12-B" shall be substituted.
5. Amendment of section 14, Tamil Nadu Act VIII of 1923.- In section 14 of the principal Act,-
(a) for the expression "section 9, 10 or 11", the expression "section 9, 10, 11, 12-A or 12-B" shall be substituted;
(b) for the expression "Indian Limitation Act, 1908 (Central Act XI of 1908)", the expression "Limitation Act, 1963 (Central Act 36 of 1963)" shall be substituted.
S. VADIVELU,
Commissioner and Secretary to Government, Law Department