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Section 20: Rtfirence to arbzlmhan

The Kerala Survey and Boundaries Act, 1961 (No.37 of 1961)State Act of Kerala · Act 37 of 1961

( 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 as to a boundary.

(2) The dcclston 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 2]. Regulated holder may IMO)!” expats” paid by ham/mm amen—(l) 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 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 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 'interestcd in any registered land under survey to pay the charges payable under this Act in respect of thcsurvey ofsuch land, though 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 hitn in respect of such land, and if paid by any other person interested in such land, 51- all be a charge on such land. Such sums shall bear interest at the rate of6 per cent per annum.

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(3) Where a person entitled under this section to a charge on any registered land is a co-owner of such 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 on such land With intei est at the rate aforesaid.

22. Power to mak: mleJr—(l) 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 iules may;

(a) prescribe for different localities the unit of survey, the subdivisions thereof and the description of survey marks and prowdc 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,

(c) define the classes of officers to be appointed to do duty under this Act and the powers to be amused by such officers,

(d) prescribe and regulate the procedure to be followed by those officers in the conduct of procedings 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 HOUCCS’ to be issued, communicated, given or served under this Act, -

(f) prescribe the form of application under section 5 and the fees to be paid alongiWith'such application,

(g) regluatc 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,

(h) prowde 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, - (i) prescribe the fees payable for processes issued and copies giantcd under this Act, and

(j) prescribe the manner in which arbitrators are to be appointed and regulate the procedure to be followed by them.

(3) All rules made under this section shall be laid before the Legislative Assembly for a period of not less than fourteen days, as soon as pOSSible after they are made, and shall be subject to such modifications as the Legislative Assembly may make during the session in which they are so laid or the session immediately followmg.

23‘ Immunilyfir act: dune arpurporting to be dune m gaad faith ——N0 suit, prosecution or other legal pioeeedings shall be against any officer or the Goycinmcnt for anything which is in good faith done or purporting to be done under the provmons of this Act or the rules made thereunder.

Where this provision sits

ActThe Kerala Survey and Boundaries Act, 1961 (No.37 of 1961)
Section20
Marginal noteRtfirence to arbzlmhan
JurisdictionState of Kerala
StatusIn force as published by the source

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