KERALA SURVEY AND BOUNDARIES ACT, 1961
(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.
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;
[2][(ii a) 'licensed surveyor' means a person duly licensed by the prescribed officer under section 17B;]
(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 the land in question is registered in the Government accounts of the village.
Explanation (1).- When any person other than the registered holder is in lawful management of a la
(1) The Government may, by notification in the Gazette, appoint any officer 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 Government and of any other officer or authority appointed by 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.
(3) The Government may, by order, direct that the powers exercisable by them under sub-sections (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.
The Government or, subject to the control of the Government, any officer or authority authorized 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 any registered land.
Whenever a local authority as defined in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or in the Kerala Municipality Acts, 1994 (20 of 1994) requests the Government for surveying and demarcating the bondaries 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.]
The registered holder of any land may apply to the Government or to any officer or authority authorized 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 thereupon the Government or such officer or authority, as the case may be, may order the survey of the land.
(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 the purpose of pointing out boundaries and supplying information in connection herewith [5][*****************] [6] [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 sub-section may be published 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 land in respect of which
Section 6 of the Kerala Survey and Boundaries Act, 1961, governs the procedures related to the notification and execution of land surveys, including boundary determinations and resurvey operations. It forms a critical part of land management and dispute resolution in Kerala, ensuring systematic survey processes under statutory authority.
Section 6 primarily deals with the publication of notifications for land surveys under Section 4, the powers of survey officers, and the procedures for conducting surveys, including boundary determinations and resurvey operations. It mandates that any survey ordered must be notified through a published notification, and it delineates the authority of survey officers to determine and record boundaries, including undisputed boundaries.
Section 6 applies to all land surveys ordered by government authorities, including initial surveys and resurvey operations. It covers the procedural aspects of notification, survey execution, and boundary recording. The section also provides mechanisms for appeal and dispute resolution concerning survey determinations [Philip John VS State of Kerala].
While Section 6 itself does not specify punitive measures, violations such as unauthorized survey operations or tampering with survey records may attract penalties under the broader provisions of the Kerala Survey and Boundaries Act, 1961, and related laws. Additionally, procedural violations can be subject to judicial review and quashing of survey orders [Cochin Devaswom Board VS Union of India, Represented by its Secretary].
Note: The references are based on the provided sources, emphasizing the procedural and legal framework surrounding Section 6 of the Kerala Survey and Boundaries Act, 1961.
Notwithstanding anything contained in sub-sections (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 operations 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
Every Survey Officer shall be bound to carry out the survey in the manner prescribed.
(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.
[10][(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 be affected by the decision, are situated ;
(b) in the officers of the village and the Taluk in which such land are situated; and
© 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.]
(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.
(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 appellate authority shall be noted in the record prepared under section 9 or section 10, as he 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.
Section 11 of the Kerala Survey and Boundaries Act, 1961, provides the legal framework for individuals aggrieved by survey decisions to seek an appellate remedy. It ensures a mechanism for contesting survey orders, thereby safeguarding property rights and boundary clarity within the state's land administration system.
Section 11 grants an aggrieved party the right to appeal against orders passed by survey officers under Sections 6, 9, or 10. The appeal must be preferred within three months from the date of service of notice of the survey decision.
Section 11 applies to decisions related to land surveys and boundary determinations made by survey officers under the Act. It covers appeals by persons who are directly affected by such orders, ensuring judicial oversight and dispute resolution.
Section 11 does not specify any criminal punishment or penalty. Its primary function is procedural—providing a remedy through appeals. Any misconduct or abuse related to the appeal process would fall under general legal provisions.
Note: The analysis is based on the available sources, primarily focusing on the procedural and remedial aspects of Section 11, as specific punitive provisions are not detailed within the provided references.
(1) An appeal under section 11 shall be preferred within three months from the date of service of notice under section 6, section 9 or 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 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
Section 12 of the Kerala Survey and Boundaries Act, 1961, deals with the appellate process concerning orders passed by Survey Officers regarding boundary disputes and related matters. It establishes the procedure, time limits, and scope for appeals against such orders, ensuring a mechanism for review and correction within the framework of land survey and boundary determination.
Note: The analysis is based on the provided sources and general principles derived from them. Specific case law or detailed judicial interpretations may further refine these comments.
When the survey of any land or boundary which has been notified under section 4 or ordered under section 5 has 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 village 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.
(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 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.
(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.
(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 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 writin
(1) Every order of a Survey Officer or Collector or the subordinates of such 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 on 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 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.
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 to such authority as may be prescribed.
[(1) ] 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 officer 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 of which may be necessary for the purposes of the survey.
[12][(2) An authorized officer or a licensed Surveyor referred to in section 17A shall have the power to enter upon, examine and measure any lands adjacent to the land respecting which he is required to prepare a survey map, if necessary, for the purpose of preparation of such map by him:
Provided that, he shall give due notice to the owner or occupier of the adjacent land before entering su
Any Survey Officer generally or specially authorized 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.
(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.
(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 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 interested in any registered land under survey to pay the charges payable under this Act in respect of the survey of such land, thought 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 him in respect of such land, and if paid by any other person interested in such land, shall be a charge on such land. Such sums shall bear interest at the rate of 6 per cent per a
(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 sub-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;
© 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 t
Section 22 of the Kerala Survey and Boundaries Act, 1961, deals with the powers conferred upon the Government to formulate rules necessary for the effective implementation of the Act, particularly concerning survey operations, boundary determinations, and related procedures. It provides a statutory framework to ensure systematic survey and settlement of boundary disputes, maintaining the integrity of land records and preventing frivolous or unlawful actions.
Section 22 authorizes the Government to make rules for:- Prescribing units of survey and their divisions in different localities.- Describing survey marks and providing for their installation.- Regulating the procedures for conducting surveys, including the fixation and recording of boundaries.- Establishing the process for subdivision of land and classification for revenue purposes.- Ensuring proper publication, notification, and record-keeping of survey results.- Setting limits of allowable error in recorded areas.- Providing procedural safeguards to prevent misuse or frivolous claims.
Section 22's scope encompasses:- The procedural framework for conducting land surveys and boundary determinations.- The formulation of detailed rules for survey operations, notification, and record management.- The regulation of subdivision and classification of land for revenue and administrative purposes.- The protection of landowners' rights by ensuring transparency and proper notification.- The prevention of arbitrary or illegal alterations in land records and classifications.- The legal backing for survey officers and authorities to act within the prescribed rules.
While Section 22 itself primarily deals with rule-making, violations of the rules formulated under this section, such as unauthorized survey operations, tampering with survey marks, or illegal boundary fixation, attract penalties under other provisions of the Act or related laws. Such violations can lead to administrative disciplinary action, fines, or criminal penalties depending on the nature of the misconduct, especially if done unlawfully or with malicious intent.
Note: The references are based on the provided sources, primarily the general mentions of Section 22 and related procedural rules, with interpretative insights inferred accordingly.
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.
(1) The Madras Survey and Boundaries Act, 1923 (Act VIII of 1923) as in force in the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), the Travancore Survey and Boundaries Act of 1094 (Act X of 1094) 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 and 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
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