The TAMIL NADU SURVEY AND BOUNDARIES ACT, 1923

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 1st 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 21st February 1923 and that of the Governor-General on the 12th March 1923; the assent of the Governor- General was first published in the Fort St. George Gazette of the 29th May 1923.) An Act to amend the law relating to survey of lands and settlement of boundary disputes. WHEREAS it is expedient to consolidate and amend the law relating to Preamble 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 1st 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 with modification to the Kanyakumari district and 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 the 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). 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] Survey 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 3. In this Act, unless there is something repugnant in the clause 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 and 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 the 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 Government or any portion thereof. land (iii) ‘Prescribe’ means prescribed by rules framed under this Prescribe Act (iv) ‘Proprietor’ means any person in whose name any estate Proprietor is for the time being registered in the office of the Collector of the district wherein the 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 Registered the person in whose name the land in question is registered in holder 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 Government land is so registered in Proprietor or Regis the names of two or more persons jointly, the ‘Proprietor’ or tered holder ‘registered holder’, as the case may be, shall, for the purposes of in case of this Act, be the person who is recognized by the other joint joint regis- tration. 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 ‘Survey’ determination, measurement 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, ‘Survey’ made, employed or specified by a survey officer to indicate or Mark. determine or assist in determining the position or level of any point or points 125-56-2 9 Survey and Boundaries (1923: T.N.Act) ‘Survey (ix) ‘Survey officer’ means any person appointed to be a Officer’ survey officer under section 4. Village 1 [ (x) ‘Village headman’ and ‘village accountant’ in relation to headman the Kanyakumari district and the Shencottah taluk of the village Tirunelveli district respectively include, ‘Village Officer’ and accountant. ‘Village assistant’] 4. (1). The 2[State Government] may by notification appoint any State Government to appoint person either by name or by virtue of his office to be a survey survey officer for all or any of the purposes of this Act. officer. State (2). Subject to the control of the 2[State Government] and of Government any officer of authority appointed by it in this behalf every person to prescribe so appointed shall exercise and perform the powers and duties of a jurisdiction of survey survey officer within such local limits, and for such periods of officer. time as the 2[State Government] may direct State (3). The 2[State Government] may delegate its powers under Government sub-sections (1) and (2) to such officer or authority as it thinks fit. may delegate powers of control. CHAPTER II THE SURVEY OF GOVERNMENT LANDS State 5. The 2[State Government] or subject to the control of the Government 2[State Government] any officer or authority to whom this power may direct may be delegated by the survey of Govern- ment land 1.This clause was inserted by section 9(2) of the Tamil Nadu (Transferred Territory) or of any Extension of Laws Act, 1957 (Tamil Nadu Act XXII of 1957) Although section 9(2) boundary aforesaid directs this clause to be added to section 2, the addition has been made to of such land. section 3, as the reference to section 2 is a mistake. 2. The words “Provincial Government” were substituted for the 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, the survey Notification officer shall publish a notification in the prescribed manner inviting to be published by all persons having any interest in the land or in the boundaries of survey which the survey has been ordered, to attend either in person or by officers.. 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 (2). A notification published under sub-section (1) shall be held Such notifi cation to be to be a valid notice to every person having any interest in the land valid notice or in the boundaries of which the survey has been ordered. to persons interested. 7. The survey officer shall carry out the survey in the prescribed Survey officer to manner carry out the survey in the 8. 1[(1)] The cost, if any, of the labour employed and of the prescribed manner.. survey marks used in any survey notified under section 5 shall be determined and apportioned in the prescribed manner among the persons who have any interest in the land or in the boundaries of Cost to be charged which the survey has been ordered and shall be recoverable from persons such persons as an arrear of land revenue. Notice of such interested in determination and apportionment shall be given in the prescribed the lands surveyed. manner to the persons afore-said. 1 [(2).Any person affected by a decision 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: 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) 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 deemed 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.] Power of 9. (1) The survey officer shall have power to determine and survey record as undisputed any boundary in respect of which no dispute officer to determine is brought to his notice. and record an undisputed boundary. Notice to (2).Notice of every decision of the survey officer under section registered 9(1) shall be given in the prescribed manner to the registered holders of holders of the lands the boundaries of which may be affected the lands affected. decision. Power of 10. (1) Where a boundary is disputed, the survey officer, after survey officer making such inquiry as he considers necessary, shall determine the to determine boundary and record it in accordance with his decision. The and record a disputed survey officer shall record in writing the reasons for his decision. boundary Notice to (2) Notice of every decision of the survey officer under section parties to 10(1) shall be given in the prescribed manner to the parties to the the dispute dispute and other registered holders of the lands the boundaries of and to registered which may be affected by the decision. holders of land affected. 12 [1923: T.N.Act VIII] Survey and Boundaries 11 (1). Any person affected by a decision under [section 9 or Appeals against 10] may appeal to the prescribed officer. The decision of the orders under appellate authority with reasons therefore shall be recorded in section 9 writing and notice of such decision shall be given in the prescribed or 10. 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 Period three months from the date of service of notice under [section 9 or within which appeal 10] provided that the time taken to obtain a copy of the decision and should be of the map shall not be included in the period of *three months preferred. allowed for appeal (b). No appeal preferred after the expiry of the said period shall Proviso. be admitted, provided that the appellate authority may admit an appeal after the expiry of the said period on his being 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 deemed to be good and sufficient cause within the meaning of the above proviso. 1. These words and figures were substituted for the words and figures “Sections 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 boundaries 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) (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 Completion been notified under section 5 has been completed in or demarca- accordance with the orders passed under section 9, 10 or 11, tion to be the survey officer shall notify the fact in the district gazette notified. 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 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. Any person deeming himself aggrieved by the Institution Central Act of a suit in determination of any boundary under section 9, 10 or 11 XI of 1908 Civil Court may subject to the provisions of Parts II and III of the Indian within three Limitation Act 1908, institute a suit within three years from years to establish the date of the notification under section 13 to set aside or rights modify the said determination and the survey shall, if claimed in necessary, be altered in accordance with the final decree in respect of the the suit and the alteration, if any, shall be noted in the boundary record. of the property surveyed. 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. Registered 15.(1) Subject to such conditions as may be prescribed holders in this behalf, every registered holder of Government land responsible shall be bound to maintain, renew and repair the survey for the maintenance marks on or within the boundaries of his holding and in of survey default of his doing so the survey officer or the Collector marks may, at the cost of 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 supervising establishment. (2) Before a survey officer or Collector maintains, renews or Notice to the repairs any survey marks, he shall serve a notice in writing on the registered holder. 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 Notice to personally on the registered holder, a copy of the same shall be cultivator or other served also on the cultivator or other person interested in the land. person inter- ested. 16. It shall be the duty of every village headman and of every Duties village accountant-- of village officers. (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. 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. 2. This word brackets and figure were substituted for the word, brackets and figure “Sub- clause (2)” by section 4 of, and the Third Schedule 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 17. The 1[State Government] or subject to the control of the Government 1[State Government], any officer or authority to whom this power may direct may be delegated by it, may by notification direct the survey of the survey of an estate any estate or portion of an estate or of any boundary therein-- in certain cases. (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 whenever 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 Government 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). Procedure to 18. Except as provided in sections 19 and 20, the conduct of be observed such survey and the proceedings of the survey officer shall, as far during as may be, be regulated by the procedure laid down in Chapter II survey. with regard to the survey of Government lands; and the provisions 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. 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 appeals 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 Cost of a survey directed under clause (a) of section 17 shall be recoverable survey recoverable from the persons who have any interest in the estate, portion of from prop- estate, or boundary of which the survey has been ordered as an rietor. 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 State any survey has been made, the 1[State Government] or any officer, Government may direct or authority to whom this power may be delegated by it, may direct apportion- the survey officer to apportion among the holders of the lands or ment of persons interested in the boundaries which have been surveyed the costs among whole or a specified portion of the cost of such survey; provided lands that no tenant under a proprietor shall be called upon to pay a larger surveyed. 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 Apportion ment how the prescribed manner. made. (3) The amount apportioned under this section when it is due by Cost so the tenants of a proprietor shall be recoverable as if it were an arrear apportioned recoverable of rent due by a tenant to his landholder 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) (4) For the purpose of this section and section 21, the expression ‘tenant’ shall include the holder of a rent-free grant. Consequences 21.When an estate or a portion of an estate or a boundary in an ensuing estate has been surveyed in pursuance of a notification issued on comple- tion of under section 17, the survey officer shall report the completion of survey of the survey to the District Collector and to the proprietor, and the an estate following consequences shall there upon ensue;- (i) Subject to such conditions as may be prescribed in this Duty of tenants 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 provided 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 Duties of Village every village the whole or a part of which has been surveyed— Officers (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 Order 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 Power to under this Act, the survey officer or the District Collector or any of enter upon, examine and the subordinates of such officers shall have power to enter upon, clear examine and measure any land under survey and to clear by cutting obstruction down or removing any trees, jungle, fences, standing crops or other on lands. 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 Power to behalf or the District Collector or any officer to whom an appeal is summon wit- nesses preferred under any of the provisions of this Act may, for the and require pro- purpose of rendering assistance in the survey of any land, summon duction of and enforce the attendance of any person who has an interest documents. 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 attendance 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 Reference consent of all the parties concerned, refer to arbitration any dispute to arbitra- tion. 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. 19 Survey and Boundaries (1923: T.N.Act VIII) Proprietor 25. (i). In the absence of a contract to the contrary a proprietor or registered or registered holder of any estate or Government land under holder may survey, who incurs any expenses or from whom any expenses are recover ex- penses paid recovered under this Act in respect of such survey, shall, if he be by him from not the owner thereof, acquire a charge on such estate or the owner of Government land to the extent of the expenses so incurred or the estate or Government recovered from him with interest thereon at the rate of 9 per cent land and per annum. may acquire a charge upon the land to that extent Person (ii). It shall be lawful for any person claiming and interest in claiming an estate or Government land under survey to pay the charges an interest payable under this Act in respect of the survey of such estate or may pay charges Government land, though he be not the proprietor or registered payable by holder thereof; and all such sums, if paid by a tenant or lessee, may proprietor or be deducted from any rent then or afterwards due by him in respect registered holder and of such estate or Government land and if paid by any other person acquire a interested or bona fide claiming an interest in the estate or charge. Government land, shall be a charge upon such estate or Government land. Such sums shall bear interest at 9 per cent per annum. Extent (iii). Where a person entitled under this section to a charge of such on an estate or Government land is a co-owner of such estate or charges 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. State 26. (1) The 1[State Government] may, after previous Government publication, make rules to carry out the purpose of the Act. may make rules under 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 payable for processes issued and copies granted under this Act; and 21 Survey and Boundaries [1923: T.N.Act VIII] (i) prescribe the manner in which arbitrators 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. Immunity 27. No suit or other legal proceedings shall lie against any for acts person for anything in good faith done or purporting to be done done in good under this Act. faith or purporting to be so done. 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 substituted 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.