The Telangana Survey and Boundaries Act, 1923

THE TELANGANA SURVEY AND BOUNDARIES ACT, 1923. (ACT NO.VIII OF 1923.) ARRANGEMENT OF SECTIONS Sections CHAPTER I. PRELIMINARY. 1. Title and Local extent. 2. Repeal. 3. Interpretation clause. 4. State Government to appoint survey officers. 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. Notification to be published by survey officers. 7. Survey officer to carry out the survey or get the survey carried out in the manner prescribed. 8. Cost to be charged to persons interested in the lands surveyed. 9. Power of survey officer to determine and record an undisputed boundary. 10. Power of survey officer to determine and record a disputed boundary. 11. Appeals against orders under section 9 or 10. 12. Period within which appeal should be preferred. 13. Completion of demarcation to be notified. 2 [Act No. VIII of 1923] 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. Registered holders responsible for the maintenance of survey marks. 16. 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. State Government may direct apportionment of costs among lands surveyed. 21. Consequences ensuing on completion of survey of an estate. CHAPTER IV. MISCELLANEOUS. 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. 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. 26. State Government may make rules under the Act. 27. Immunity for acts done in good faith or purporting to be so done. THE TELANGANA SURVEY AND BOUNDARIES ACT, 1923.1 ACT No. VIII OF 1923. CHAPTER I. PRELIMINARY. 1. (1) This Act may be called 2[the Telangana Survey and Title. Boundaries Act, 1923.] (2) It extends to the whole of the State of 2[Telangana]. Local extent. 2. The Madras Survey and Boundaries Act, 1897 is Repeal. hereby repealed. 3. In this Act, unless there is something repugnant in the Interpretation subject or context,- clause. 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; 1. The Andhra Pradesh Survey and Boundaries Act, 1923 in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2 [Act No.VIII of 1923] (d) any inam village of which the grant was made or has been confirmed by the British Government; (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-tenure; Government land. (ii) „Government land‟ means any land not forming an estate or any portion thereof; Prescribe. (iii) „Prescribed‟ means prescribed by rules framed under this Act; Proprietor. (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 the estate is situated, and, in respect of an estate specified in clause (e) of sub-section (i), the holder thereof; Registered holder. (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; Proprietor or (vi) Where an estate or Government land is so Registered holder registered in the names of two or more persons jointly, the in case of joint „proprietor‟ or „registered holder‟, as the case may be, shall, registration. 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; [Act No.VIII of 1923] 3 (vii) „Survey‟ includes all operations incidental to the Survey. determination, measurement and record of a boundary or boundaries, or any part of a boundary and includes a re- survey; (viii) „Survey mark‟ means any mark or object erected, Survey mark. 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; (ix) „Survey officer‟ means any person appointed to be Survey officer. a survey officer under section 4. 4. (1) The 3[State Government] may by notification State Government appoint any person either by name or by virtue of his office to appoint survey to be a survey officer for all or any of the purposes of this officers. Act. (2) Subject to the control of the 3[State Government] State Government and of any officer or authority appointed by it in this behalf to prescribe every person so appointed shall exercise and perform the jurisdiction of survey officer. powers and duties of a survey officer within such local limits, and for such periods of time as the 3[State Government] may direct. (3) The 3[State Government] may delegate its powers State Government under sub-sections (1) and (2) to such officer or authority as may delegate powers of control. it thinks fit. 3. The words “State Government” were substituted throughout the Act by the Adaptation of Laws Orders, 1937 and 1950. 4 [Act No.VIII of 1923] CHAPTER II. THE SURVEY OF GOVERNMENT LANDS. State Government 5. The 4[State Government] or, subject to the control of may direct the the 4[State Government], any officer or authority to whom survey of this power may be delegated by it may by notification order Government land a survey of any Government land or of any boundary of or of any boundary of such such land or of the boundary forming the common limit of land. Government land and land that is not Government land. Notification to be 6. (1) When any survey is ordered under section 5, the published by survey officer shall publish a notification in the prescribed survey officers. 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 connexion therewith. (2) A notification published under sub-section (1) shall Such notification to be valid notice be held to be a valid notice to every person having any to persons interest in the land or in the boundaries of which the survey interested. has been ordered. Survey officer to 5[7. The Survey Officer shall carry out the survey or shall carry out the cause the survey carried out with the assistance of an survey or get the external or internal agency approved by the Government in survey carried out the manner prescribed. in the manner prescribed. (1) In order to meet the cost of bringing the land Levy of one time cess for survey records upto date, their computerization and for conducting etc. a need based re-survey, there shall be levied and collected a one time cess of rupees twenty per acre on all lands in the 4. The words “State Government” were substituted by the Adaptation of Laws Orders, 1937 and 1950. 5. Section 7 substituted by Act No.36 of 1995, along with the provisions thereunder. [Act No.VIII of 1923] 5 State, notwithstanding anything contained in the principal Act. The amount so collected shall be credited to a fund called “Survey and Land Records Fund”. (2) The levy and collection of the cess under sub- section (1) and the expenditure from the Survey and Land Records Fund shall be in such manner as may be prescribed.] 8. 6[(1)] The cost, if any, of the labour employed and of Cost to be the survey marks used in any survey notified under section charged to persons 5 shall be determined and apportioned in the prescribed interested in the manner among the persons who have any interest in the lands surveyed. land 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 apportionment shall be given in the prescribed manner to the persons aforesaid. 6[(2) Any person affected by a decision under sub- section (1) may appeal to the prescribed officer whose decision, with reasons therefor, 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: 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 that period. 6. Section 8 was renumbered as sub-section (1) and sub-sections (2), (3) and (4) were added, by the Andhra Pradesh Survey and Boundaries (Amendment) Act, 1952 (Act X of 1952). 6 [Act No.VIII of 1923] 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 to survey 9. (1) The survey officer shall have power to determine officer to and record as undisputed any boundary in respect of which determine and no dispute is brought to his notice. record an undisputed boundary. Notice to (2) Notice of every decision of the survey officer under registered holders section 9 (1) shall be given in the prescribed manner to the of lands affected. registered holders of the lands the boundaries of which may be affected by the decision. Power of survey 10. (1) Where a boundary is disputed, the survey officer, officer to after making such inquiry as he considers necessary, shall determine and determine the boundary and record it in accordance with his record a disputed decision. The survey officer shall record in writing the boundary. reasons for his decision. Notice to parties (2) Notice of every decision of the survey officer under to the dispute and section 10 (1) shall be given in the prescribed manner to the to registered parties to the dispute and other registered holders of the holders of land lands the boundaries of which may be affected by the affected. decision. Appeals against 11. (1) Any person affected by a decision under 7[section 9 orders under or 10] may appeal to the prescribed officer. The decision of section 9 or 10. 7. Substituted for the words and figures “section 8, 9 or 10” by the Andhra Pradesh Survey and Boundaries (Amendment) Act, 1952 (Act X of 1952). [Act No.VIII of 1923] 7 the appellate authority with reasons therefor 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) 8[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 within 9[sixty days] months from the date of service of notice under which appeal 10[section 9 or 10,] provided that the time taken to obtain a should be preferred. copy of the decision and of the map shall not be included in the period of 9[sixty days] allowed for appeal. (b) No appeal preferred after the expiry of the said Proviso. period shall 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 10[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. 8. Substituted by the Andhra Pradesh Survey and Boundaries (Validation) Act, 1924 (Act II of 1925) (deemed to have been in force w.e.f.29.05.1923.) 9. Substituted by Act No.6 of 2007. 10. Substituted for the words and figures “section 8, 9 or 10” by the Andhra Pradesh Survey and Boundaries (Amendment) Act, 1952 (Act X of 1952). 8 [Act No.VIII of 1923] (c) No appeal shall be admitted under sub-section (b) after the issue of the notification specified in section 13. Completion of 13. When the survey of any land or boundary which has demarcation to be been notified under section 5 has been completed in notified. accordance with the orders passed under section 9, 10 or 11, the survey officer shall notify 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 section 14, the record of the survey shall be conclusive proof that the boundaries determined and recorded therein have been correctly determined and recorded: 11[Provided that in the case of land or boundary situated in the territories specified in sub-section (1) of Central Act 37 of 1956. section 3 of the States Reorganisation Act, 1956 until a District Gazette is published for the districts in the said territories, a notification as required by this section shall be published in the Telangana Gazette in lieu of publication in the District Gazette.] Institution of a suit 14. Any person deeming himself aggrieved by the in civil court within determination of any boundary under section 9, 10 or 11 three years to may, subject to the provisions of Parts II and III of the Indian establish rights Limitation Act, 1908, institute a suit within three years from claimed in respect the date of the notification under section 13 to set aside or of the boundary of the property modify the said determination and the survey shaII, if surveyed. necessary, be altered in accordance with the final decree in the suit and the alteration, if any, shall be noted in the record. 11. This proviso was added by the Andhra Pradesh Survey and Boundaries (Extension and Amendment) Act, 1958 (Act XXII of 1958). [Act No.VIII of 1923] 9 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 Registered this behalf, every registered holder of Government land shall holders be bound to maintain, renew and repair the survey marks on responsible for the maintenance or within the boundaries of his holding, and in default of his of survey marks. doing so the survey officer or the Collector may, at the cost of the 12[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, Notice to the renews or repairs any survey marks, he shall serve a notice registered holder. 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 sub-clause (2) cannot be served Notice to personally on the registered holder, a copy of the same cultivator or other person interested. 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 Duties of village every village accountant,- officers. 12. The words “State Government” were substituted by the Adaptation of Laws Orders, 1937 and 1950. 10 [Act No.VIII of 1923] (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. CHAPTER III. THE SURVEY OF ESTATES. State Government 17. The 13[State Government], or subject to the control of may direct the the 13[State Government], any officer or authority to whom survey of an this power may be delegated by it, may by notification direct estate in certain the survey of any estate or portion of an estate or of any cases. boundary therein,- (a) on the application in writing of the proprietor of such estate or, in the case of boundary, of any person interested therein; or (b) without such application whenever in the opinion of the 13[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 a statement in writing signed by him to the effect that he will pay the whole cost of the survey and if required will deposit 13. The words “State Government” were substituted by the Adaptation of Laws Orders, 1937 and 1950. [Act No.VIII of 1923] 11 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 14[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 Procedure to be of such survey and the proceedings of the survey officer observed during survey. 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 contained in that chapter in regard to appeals from the orders of survey officer, the granting of copies thereof and the effect of such orders, and of the decisions passed in appeals therefrom 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 14[State Government] on Cost of survey account of a survey directed under clause (a) of section 17 recoverable from proprietor. 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 14[State Government] unless otherwise provided by any law for the time being in force. 20. (1) On the application of the proprietor of an estate in State Government which any survey has been made, the 14[State Government] may direct apportionment of or any officer, or authority to whom this power may be costs among delegated by it, may direct the survey officer to apportion lands surveyed. 14. The words “State Government” were substituted by the Adaptation of Laws Orders, 1937 and 1950. 12 [Act No.VIII of 1923] among the holders of the lands or persons interested in the boundaries which 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. Apportionment (2) The apportionment under sub-section (1) shall be how made. made in the prescribed manner. Cost so (3) The amount apportioned under this section when it apportioned is due by the tenants of a proprietor shall be recoverable as recoverable by if it were an arrear of rent due by a tenant to his landholder. proprietor from tenants. (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 ensuing on in an estate has been surveyed in pursuance of a completion of notification issued under section 17, the survey officer shall survey of an report the completion of the survey to the District Collector estate. and to the proprietor, and the following consequences shall thereupon ensue:- Duty of tenants. (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 provided in sub-sections (2) and (3) of section 15, at the cost of the 15[State 15. The words “State Government” were substituted by the Adaptation of Laws Orders, 1937 and 1950. [Act No.VIII of 1923] 13 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 Duties of village accountant of every village the whole or a part of which has officer. 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. CHAPTER IV. MISCELLANEOUS. 22. For the purposes of any survey, inquiry or other Power to enter proceedings under this Act, the survey officer or the District upon, examine Collector or any of the subordinates of such officers shall and clear obstruction on have power to enter upon, examine and measure any land lands. 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. 23. Any survey officer, generally or specially authorized in Power to summon that behalf, or the District Collector or any officer to whom witnesses and an appeal is preferred under any of the provisions of this Act require production of documents. may, for the purpose of rendering assistance in the survey of any land, summon and enforce the attendance of any 14 [Act No.VIII of 1923] 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 attendance of witnesses and for the recording of evidence shall be followed as far as it can be made applicable. Reference to 24. (1) The District Collector or the survey officer may with arbitration. 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. Proprietor or 25. (i) In the absence of a contract to the contrary, a registered holder proprietor or registered holder of any estate or Government may recover land under survey, who incurs any expenses or from whom expenses paid by any expenses are recovered under this Act in respect of him from the owner of the such survey, shall, if he be not the owner thereof, acquire a estate or charge on such estate or Government land to the extent of Government land the expenses so incurred or recovered from him with and may acquire interest thereon at the rate of 9 per cent per annum. a charge upon the land to that extent. Person claiming (ii) It shall be lawful for any person claiming an interest an interest may in an estate or Government land under survey to pay the pay charges charges payable under this Act in respect of the survey of payable by such estate or Government land, though he be not the proprietor or proprietor or registered holder thereof; and all such sums, if registered holder and acquire a paid by a tenant or lessee, may be deducted from any rent charge. then or afterwards due by him in respect of such estate or Government land and if paid by any other person interested or bonafide claiming an interest in the estate or Government [Act No.VIII of 1923] 15 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 Extent of such charge on an estate or Government land is a co-owner of charges. 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 16[State Government] may, after previous State Government publication, make rules to carry out the purposes of the Act. may make rules under the 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 subdivisions 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; 16. The words “State Government” were substituted by the Adaptation of Laws Orders, 1937 and 1950. 16 [Act No.VIII of 1923] (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 (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 the Telangana Legislature for a period of not less than two months while that Legislature is in session. Immunity for acts 27. No suit or other legal proceedings shall lie against any done in good faith person for anything in good faith done or purporting to be or purporting to done under this Act. be so done. * * *