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Section 5: Sunny of (and: Int 1y rm (10110" or aciwn y nun—The iegistcred holder of any land may applé to the Government or to any office

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

or autlionty authorised by the overninent in this behalf (or the survey of his land on the giound that a portion ofthe land has been lost by sea erosion or action ofriver; and thereupon the Government or such officer or authority, as the case may be, may order the survey of the land.

6. Notzftwtwn to be publir/icd by Survey Often —(l) When any survey is ordered under section 4 or section 5, the Survey Ofiiccr shall publish a notification '_ in the Gazette in the prescribed manner invning all persons haying any interest in the land or in the boundaiics of which the survey has been indexed, [O attend either in person or by agent at a specified place and time and from time to time thereaftm when called upon for the purpose of painting out boundaries and supplying information in connection therewithJ A copy of such notification shall also be served on the registered holder or registered holders of the land in respect of which the survey has been aidered. ' O \ 741

(2) A notification published under sub-section (1) shall be held to be a valid ,notice to any person (other than the registered holder) havmg any interest in the land 0 in the boundaiies of which the survey has been ordeied.

(3) Such notification shall further require every petson, whether a registered holder or not, having interest in the land or in the boundaries of which the survey has been ordcicd—

(a) to clear Within a speCified period by cutting down or removmg any trees, jungle, fences, standing crops or other material obstructions, the boundaries or other lines, the clearance or which may be necessary for the purpose of the survey;

(b) to prowde labour at such times and for such periods as may, from time to 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) If any person fails to comply With any requisition ofa Survey Officer made under clause (a), clause (b) or clause (c) of sub-section

(3), the Survey Officer may himself employ hired labour for the pur- ”(9/ poses ofsurvey. l” gut-A 10‘" "'1,"

(5) The cost of the labour employed and of the survey 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 thefin! instance 5] Governml in certain zu:.r.——Notwnhstanding anything contained in sub-sections

(3), (4) and (5) of se,tion 6, whenever it may appear to the Survey Officer to be desirable that the cost ofall or any of the operations prescribed in clauses (a), (b) and (c) ofsub-scction (3) ofsection 6 shall be defrayed in the firtt 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 defiayed 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 undCI sub-section (5) of section 6 :

Provided that the cost of the operations in connection with the survey carried out in accordance With the 01 ders passed under section 5 shall, tn the first instance, be borne by the Governmentand shall be charged and recovered from the applicant in case It is found on survey that no land was lost by sea erosion or action of river, and in other cases such cost shall not be recovered.

8. Sun/r} to I): tamed out in thy pnscribtd "innueniEvery Survev Officer shall be bound to carry out the survey in the manner prescribed a 742

Where this provision sits

ActThe Kerala Survey and Boundaries Act, 1961 (No.37 of 1961)
Section5
Marginal noteSunny of (and: Int 1y rm (10110" or aciwn y nun—The iegistcred holder of any land may applé to the Government or to any office
JurisdictionState of Kerala
StatusIn force as published by the source

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