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Section 9: Power to "card boundary a: urdu/zulcd

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

(l) The Survey Officer - Ilrall have power tn determine and record as undisputed any boundary in respect of which no dispute is brought to his notice.

(2) Notice of every derisron of the Survey Ofiicer under sub-section (I) shall be given in the prescribed manner to the registered holders of the lands, the boundaries of which may be afi‘ected by the chasm.

10. Power of Smut} Oflur In deltmtn: and retard l dufluled boundary with YIIIJOIII.-——(l) Where a boundary is disputed, the Survey threr shall, after making such inquiries as he COHSIdCrS necessary, determine the boundary arid record it iii accordance With his decision with reasons in writing for arriving at that decrsron. '

(2) Notice oi“ every decision of the Survey Oflicer 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 demsion.

l l. Appeal against orders of Survey 0flc¢t.—(l) Any person aggrieved by a dccrsron 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 decrsion ordered by the appellate authority shall he noted in the rec :rd prepared under section 9 or section 10, as the case may be, . (2) A copy of the order and acopy of the map recording the boundaries as determined under section 9, section l0 or sub-section (l) of this sermon 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 pi ascribed.

l2. Panad wzllim which appeal ma) be per mart—(l) An appeal under section ll shall be preferred wrthin t rce months from the date of service ofnotice under section 6, section ‘3 or section 10, piowded that the time taken to obtain a copy of the dccrsron 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 admit;

ted unless for reasons to be recorded in writin the appellate authority is satisfied that the appellant had good and su crent cause for nor preferring the appeal within such PN’IOd.

Explanatwn.—The fact that notice under sectzon 6, section 9 or section 10 was not served in the prescribed manner on the appellant shall be deemed to be good and sufiicient cause

(3) No appeal shall be admitted under sub-section (2) after the issue of the notification specified in section l3.

I3. Completion of demmuhlfl la b: notified—When the survey of any land or boundary wluch has been notlficd undei section 4 or ordered under section 5 has been completed in accordance With the orders passed under section 9, «ection 10 or section ll, the Survey Ofl'lccf shall notify the fact in the Gazette, and a copy ofsuch 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 ofa eivrl court under the provrsrons of section 14, the record of the survey 0 \ 743 shall be conclusive proof that the boundaries determined and recorded tlieiein have been correctly dcteimined and recorded.

14-. Right to imtztule 0 mt In respect of boundary of [lip properly surveyed.—

(1) Any person deeming himself aggrieved by the determination of any boundary under section 9, section 10 or section ll may, subject to the provrsions of the law oflimitation in feice for the time being, institute a suit within one year from the date of the notification under section 13 to set asxde 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 ieoords.

(2) In any suit under sub-section (1 ), the plaintilTshaIljoin 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.

15. Llabtligy of regulered bald": fir ”Minimum: 43/ nave] math—(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 Collectoi or any of the subordinates of such ofiicers may, at the cast of the Government, maintam, 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 arrcar of public revenue due on land. Such cost may include the cost of all operations incidental to such maintenance, icnewal or repair.

(2) Before a Survey Olficer 0r Collector or anyof 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 writing on the registered holder in the prescribed manner giving particulars of the survey marks in respect of which dofauh 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 not be less than fifteen clays from the date of serum thereof. Ifa notice under this sub-section cannot be served personally on the registered holder a copy of the same shall he served on the person in possession of the land or other person intcr.

cited in the land.

Where this provision sits

ActThe Kerala Survey and Boundaries Act, 1961 (No.37 of 1961)
Section9
Marginal notePower to "card boundary a: urdu/zulcd
JurisdictionState of Kerala
StatusIn force as published by the source

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