Kerala act 037 of 1961 : 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.

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2.

3.

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10.

H.

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13.

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16.

17,

18.

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 ^tothesurvey^of

lands ^and

settlement^of

boundary disputes ^inthe

State ^ofKeiala^; 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) ^Itextends^tothe

whole ^{of the}

State ^ofKerala ^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^theCollector ^ofthe

district,

having jurisdiction ^overthearea; (ii)

"Government land" means

any^landthe

proprietary

right ⁱⁿ which vests in

the

Government;

(iii) "prescribed"

means

prescribed by

rules^made

by ^theGov- einment under

this

Act, (iv)

"registered

holder^ofany 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^thanthe

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 ^alandisso

registered ^inthe

names ^oftwo 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 ^asthe manager^oftheland or

who,

in

the case of

dispute,

is

recognised

by

the

Collector as the

principal

joint

holder;

(v) "registered

land" means ^anylandthe

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^tothedetermi- nation,

measurement^andrecord^{of a}

boundary ^or

boundaries^01'

any part ^ofa

boundary ^andincludes^a

rcsurvey; (Vii)

"suivcy

mark" means ^anymarkor

object,

ciecled. made, employed ^or

specified by ^a

Survey

Officer ^toindicate^or

determine ^or assist in

determining

the

posmon

or level of any

point ^or

points; (Vii!) L'Survey

Officer" means ^anyofficer

appolrfled^{by theGov-} ernment ^asa

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^bea

Survey

Officer ^{for allor}

any ol the purposes of this ^Act.

(2)

Subject ^{to the}

control ^{of the}Government^{and ofany}other officer or

authority

appointed

by ^ilieGovernment^inthis

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] ^TheGovernment^may,by order,

direct^thatthepowers

excr- cisablc

by ^themunder sub-sections

(l) ^and

(2) may^also

be exercised by ^suchOfficer^or

authority,

subject ^tosuchconditions^as

may^be

speci— fied

by

them ⁱⁿ

this

behalf. ;CHAPT^ERII. Suitvcv or

LANDS.

741

(2) ^Anotification

published

under sub-section

(1)

shall ^beheldto be a valid ,notice

to

any person (other

than the

registered

holder) havmg any

interest^{intheland0inthe}boundaiies^ofwhich^the survey has been ordeied.

(3) ^Suchnotification shall

further

require

every

petson, whether^a registered

holder^{or not,}

having

interest^{in theland or inthe}boundaries of which the survey has been ordcicd—

(a) ^toclear Within ^a

speCified period by cutting ^{downor re-} movmg any trees,

jungle,

fences, standing crops ^orother material obstructions, ^theboundaries ^or

other

lines, ^theclearance^or

which may be necessary for the

purpose of the survey;

(b) ^to

prowde

labour^atsuchtimes^andforsuch

periods ^as may, from ^timeto

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) ^Ifany person

fails^to

comply ^Withany

requisition ^ofa

Survey Officer made under

clause

(a),

clause

(b)

or clause

(c)

of sub-section (3), ^the

Survey

Officer^mayhimself

employ

hired labour^{for the}pur-

"(9/ poses ofsurvey.

l"

gut-A ^10'"

"'1,"

(5) ^Thecostofthe

labour

employed ^andofthesurvey 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

the fin!

instance

5]

Govern- ml in certain

zu:.r.——Notwnhstanding

anything

contained in

sub-sections (3), (4) ^and

(5) ^ofse,tion ^6,

whenever^it

may appear ^tothe

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 ^inthefirtt instance ^{by the}

Government, ^hemay, ^{with the} previous

sanction of the

Government,

in

lieu

of

the notification pre- scribed ⁱⁿ

sub-section

(3) ^ofsection

6,

issue^a

notification that such cost shall be

defiayed ⁱⁿ

the

first instance

by

the

Government and may thereupon proceed ^Withthesurvey^{of thelandand}apportion^and charge ^{suchcostInthe}manner

prescribed

undCI

sub-section

(5) ^of section 6^:

Provided ^thatthe^costof the

operations ⁱⁿ

connection

with the survey carried ^outinaccordance With the⁰¹ders

passed

under

section 5 shall, ^tnthefirst instance,^beborne

by ^theGovernmentand shall^be charged ^andrecovered^fromthe

applicant ^{in caseItis}

found^on

survey that ^noland^waslost

by ^sea

erosion^oraction of river, andⁱⁿ

other cases such cost shall

not be recovered.

8.

Sun/r} ^to

I): tamed ^outin thy

pnscribtd "innueniEvery

Survev

Officer shall be bound^to

carry ^outthe

survey ^inthemanner

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^ofevery derisron ^{of the}

Survey

Ofiicer under

sub-section

(I)

shall^begiven ^{in the}

prescribed

manner^tothe

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 ^suchinquiries ^{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^ofthe

Survey

Oflicer

under

sub-section

(1)

shall^begiven ^{in the}

prescribed

manner ^{to the}parties ^tothe

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 ^adccrsron under section ^6,

section

7,

section^9orsection¹⁰

may appeal ^tosuch

authority ^{as maybe}

prescribed. ^The '

appellate

autho- rity

shall record^thereasons^forthedeCisionⁱⁿ

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^theexpiry^{of thesaid}

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 ^factthatnotice under sectzon ^6,

section^9or section ^10wasnotservedⁱⁿ

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^hasbeen

notlficd undei section 4 or ordered under section⁵

has been

completed ⁱⁿ

accordance

With the orders passed

under section ^9,

«ection^10or

section ^{ll, the}

Survey

Ofl'lccf shall

notify ^thefactinthe

Gazette, ^anda

copy ofsuch notification shall be

posted ⁱⁿ

the

village

office, ^ifany, of

the

Village

to which the survey relates. Unless the

survey

so

notified

is

modified

by

a decree ofa eivrl

court under^theprovrsrons of section

14,

the record of the survey \

0

743

shall ^be

conclusive

proof ^thatthe

boundaries determined

and recorded tlieiein have

been

correctly

dcteimined and recorded. 14-.

Right ^to

imtztule ^{0mt In}

respect of boundary of

[lip

properly surveyed.—

(1) Any person deeming

himself

aggrieved ^{by the}determination^ofany boundary

under section ^9,

section^10orsection^{ll may,}subject ^{to the} provrsions ^ofthelawoflimitation ⁱⁿ

feice ^forthetime

being,

institute^a suit within^one

year from ^the

date ^of

the

notification under section¹³ to set asxde ^or

modify

the said determination and the survey shall,

if necessary, be

altered ⁱⁿ

accordance

With the final decreeⁱⁿ

the ^suit

and the

alteration, ^ifany, shall be noted^intheieoords.

(2) ^Inanysuitunder

sub-section ^{(1 ), the}

plaintilTshaIljoin ^as parties ^tothesuitallpersons^whomhehasreason^to

believe^{to be}inter- ested ⁱⁿ

the

boundary

which^is

subject ^tothesuit.

15 .

Llabtligy of

regulered

bald":

fir

"Minimum:

43/ nave]

math—(1) Subject ^tosuch

conditions ^{as maybe}

prescribed ^{in this}

behalf. every registered

holder ^{of land}

shall^be

bound ^to

maintain,

renew ^andrepair the survey marks ^onorWithin the boundaries of his

holding, and,

in default ^ofhis

doing

so,^the

Survey

Officer. ^theCollectoi^or

any of the subordinates of^suchofiicers may, ^atthe^castof 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^andrecover^suchcostasanarrcar^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^0rCollector^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^hasbeencommitted^andcall- ing upon him ^to

maintain,

renew^or

repair the^samewithin^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^onthe 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 ^ofsuch

ofificers imposmg

charges under sub-section

(1)

of section¹⁵shall ^berecorded

in writing

and a copy ^ofthe

order

shall be

supplied ^to

the

parties ^on

their

application and on

payment ^of

such^costas

may be

prescribed.

(2) ^Theorder^{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) ^Anyperson deeming

himself

aggrieved

by^anyorder

passed under sub-section

(1)

may

appeal ^tosuch

authority ^as

may be prescri- bed,

within ^twomonths ^{ofthe dateof}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 ^onorwithin the

limits of his

jurisdiction^;and /

744

(b) ^whenhebecomes aware^thatany^{such markhas been}

destroyed, injured,

removed ^or

altered, ^to

report ^{thefacttosuch}

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 ^orother

proceedings

under

this

Act,

the Survey

Officer^ortheCollector^or

any^ofthesubordinates

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 ^orother 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 ^inthat

behalf^orthe Collector or

any officer to whom ^an

appeal

is

prcferred

under any

of thc provrstons of this ^Actmay,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, ^andthe

procedure prescribed ^intheCodeOfCivil

Procedure, 1908, ^forsummoning^and

enforcing ^theattendance^ofWitnesses^andfor recording ^ofevrdence shall ^be

followed^{asfaras itcanbemade} 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 ^astoa

boundary.

(2) ^Thedcclston ^oftheCollector^orthe

Survey

Officer

passed ⁱⁿ accordance

with

such

award

shall be

conclusive^asbetween 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^acontract ^to

the contrary,

the

registered

holder of any land under survey who

incurs any expenses ^orfromwhom 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 ^soincurred^orrecovered

from^himWith intereSt

thereon^at

the rate of 6 per

cent

per

annum.

(2) ^It

shall ^belawful^forany

person 'interestcd ^{in any}

registered land

under survey

to

pay the

charges

payable

under this^Actin

respect of

thcsurvey

ofsuch

land,

though

he be ^notthe

registered

holder thereof, ^andallsuchsums,^if

paid

by ^atenant ^or

lessee may^be deducted ^fromany ^rentthen^orafterwards ^due

by ^hitnin

respect ^of such

land,

and ^if

paid by

any other person interestedⁱⁿ

such

land, 51- all be^a

charge ^onsuch land. Such^sumsshall bear

interest ^at

the rate of6 per

cent

per

annum.

'145

(3)

Where ^a

person entitled under ^thissection ^toa

charge ^{on any} registered ^landisaco-owner^{of such}

land, ^such

charge

shall extend only ^{tosomuch ofthe}amount recovered^fromor

expended ^or

paid ^by him as is due in respect of the share of

the other co-owners^onsuch ^land With intei est at the rate aforesaid.

22. Power to mak:

mleJr—(l)

The Government may, after

previous publication ^inthe

Gazette, ^makerules ^to

carry ^outthepurposes^ofthis Act.

(2) ^In

particular ^and

without

prejudice ^{to the}

generality ^ofthe foregoing power,^suchiules may;

(a) prescribe ^fordifferent localities^theunitofsurvey,^thesub- divisions

thereof^andthe

description ^ofsurvey marks ^and

prowdc ^for the maintenance,

repair ^and

renewal ^of

such

marks, (b)

prOVide ^forthecollection^andrecord^ofany information ⁱⁿ respect ^ofany ^land

which ^hasbeenorisabout^tobe

surveyed, (c)

define^theclasses ^of

officers^tobe

appointed ^todo

duty under this Act and the powers

to be amused

by ^such

officers,

(d) prescribe ^and

regulate ^the

procedure ^tobe

followed ^by

those officers ⁱⁿ

the conduct of

procedings

under

this

Act;

(e) provide ^forthe

publication^{of all}notifications issued under this Act^{'and for}

the

form,

issue^andserVice^ofall

orders,

com- munications and HOUCCS'

to be

issued, communicated, given

or served under this

Act, ^-

(f) prescribe ^theformof

application

under section^5andthe fees ^tobe

paid alongiWith'such application, (g)

regluatc ^the

furnishing ^ofsurvey 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 ^forthe

apportionment ^{of all}

charges

directed^tobe apportioned ^{by thisActandfor the}determination^ofthecostoflabour employed ^andofthesurvey marks^{used in}any^suchsurvey, -

(i) prescribe

the fees

payable

for processes issued and copies giantcd

under^{this Act, and}

(j) prescribe ^the

mannerⁱⁿ

which

arbitrators^aretobe

appointed and

regulate

the

procedure

to be followed

by

them.

(3) ^Allrules^madeunder^thissection shall^belaidbefore^the Legislative Assembly ^{for a}

period ^{ofnotlessthan}

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 solaidorthe}

session

immediately followmg. 23'

Immunilyfir

act: dune

arpurporting

to be dune m

gaad faith

——N0 suit,

prosecution ^orother

legal pioeeedings

shall be

against any officer or the

Goycinmcnt

for

anything

which is in

good

faith done

or

pur- porting ^{to bedone}

under ^theprovmons^{ofthisActorthe}rules^made thereunder.

24.

Repeal

and

raumgs.—(I)

The Madras

Survey

and

Boundaries Act, ¹⁹²³

(Act ^VIIIof

1923) ^{as in}

force ^{in the}Malabar district referred to ⁱⁿ

sub-semen

1956

746

(Central ^{Act37 of}

1956), ^the

Travancore

Survey ^andBoundaries ^Act of ¹⁰⁹⁴

(Act ^Xof

1094) ^andtheCochin

Survey ^ActII

01'1074, ^are hereby

repealed.

_

(2)

Nutwnhstandmg ^such

repeal,— (a)

anything ^{doneor any}

act-on

taken,

including ^any

appomt- men! ^or

delegation

made,

Order^ordlrmion

issued^orrule

made

under any of the aforesaid

Acts shall

be dccmed^tohave been made^orIssued. 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^anyofthe

aforesaid Act:

pending, ^a!thecommencement of this

Act,

before

any

court ^or other

authority,

shall be continued and

disposed

ofunder that aforesaid Act, ^asifthataforesaid ^Acthadcontinued ^m

force^{andthisActhad} nor

been

passed.

LAW

DEPARmmr

my;

"

SECRETARIAI.

YfiIVAnDRUA. i

.

KENALA smri NG——-. ...

DATE- ..............._.

""1".--"