(1) When the survey of any land or boundary which has been ctdn'ePrni:
notified under section 4, has been completed in accordance with the order tion t notine passed under section 7, section 8 or section 9, the survey officer shall notify the fact in the Official Gazette and a copy of such notification shall be .posted in the Cutchery of the Amin or the office of the Tahsilddr, if any, of the Islands.
(2) Unless the survey so notified is modified by a decree of a civil court under the provisions of section 12, the record of the survey shall . .
conclusive proof that the boundaries determined and recorded therein have been correctly determined and recorded.
12. (I) Any person deeming himself aggrieved by the detcrmination instit 4 Of..any boundary under section 7, section 8 or section 9 may institute a °:A1i suit within three years from the date of the notification under section 11 to with' set aside or modify the said determination and the survey shall, if necessary, Ycsetaarn be altered in accordance with the final decree in the suit and the alteration, if any, shall be noted in the record.
respe the b ary o
(2) The plaintiff in such suit shall join as parties to it all sPorl persons whom he has reason to believe to be interested in the botindary which is the subject of the suit.
(3) No suit under this section shall be instituted in any court after the expiry of the period of three years aforesaid:• sub-section (2) after --7-
Provided that in computing such period the time requisite forobtaining a copy cach of the clecision and of the inap shall be excludecl.
13. (I) Subject to such conditions as may bc prescribed in this behalf, every land-owner shall be bound to maintain, renew and repair the survey marks on or within the boundaries of his land and in default of his doing so, the survey olliccr or Administrator may, at the cost of Government, maintain, renew and repair such survey marks, determine and apportion the cost of so doing, and recover such cost from the landowner concerned as if it we're payable under a decree of a civil court and 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 establi(Ament. -
(2) 13efore the survey olliccr or Administrator takes steps to maintain, renew or repair any survey marks, heshall serve a notice in writing on the land-owner in the preseribed manner giving particulars of the survey mnr resperr which default has becn committed calling upon hist to maintain, renew or repair the same within a time to be specified in such notice which shall be not less than thirty clays from the date of service thereof.
Landowner% responsible for maintenance of survey marks.
(3) If the notice under sub-seetion (2) cannot to be servcd personally on the land-owner, a copy of the same shall be servcd on the cultivator or other person interestcd in the land.
14. It shall bc the duty of every Amin, Guittastha and Karani u,,lics of Ainin, of the islands,— Ouniastha and Karani -8— • (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 without delay to the; prescribed officer.
CHAPTER III MISCELLANEOUS
15. For the purposes of any survey, inquiry or other Proceedings under this Regulation, the survey officer or the Administrator or any of the subordinates of such officers shall have Power to enter upon, examine and measure any land under survey and to clear by cutting down or removing any trees, jungle fences, standing crops or other material obstructions, boundaries or other lines, the clearance of which may be necessary for the purposes of the survey.
Power enter ti examirti and cld obstrut on lan.
16. Any survey officer generally or specially authorized in that Power behalf, or the Administrator or any officer to whom an appeal is preferred sfinwne:
under any of the provisions of this Regulation may, for the purposes of apnroddtr rendering assistance in the survey of any land, summon and enforce the °N10' rnent attendance of any person whp has an interest therein and may, for the purposes of any survey, inquiry or other proceeclings under this Regulation, summon and enforce the attendance of any person for giving evidence and for the production of documents in the prescribed manner.
9
17. (I) The Achninistrator or the survey oflicer may with the 19 Referrncae COIISCIlt Of the parties concerned refer to arbitration any dispute as to arbitrtion.
• a boundary.
(2) The decision of the Administrator or the survey officer passed in accordance with such award shall be conclusive betwcen the parties to such arbitration and those claiming under them.
18. The Administrator may by gcneral or special order in writing, Delegation direct that all or any of the powcrs or duties which may be exercised or 'anr,17itir:s.
discharged hy liim under the provisions of this Regulation except those under this section and section 20, shall, in such circumstances and under such conditions, if any, as may be speeilieel in the order, be exercised or discharged also by any ollicer or authority spccilied in this belialf in the order.
.117• in Stiit PrOSeeljtiOr! Or other leual proceeding shall lie against notection • any person for or in respect of anything in gbod taith done. or intended ar kaecnt ander to be done under this Regulation or any rule or order made thereunder. • RegUi3liOrl.
20. (I) The Administrator may by notification in the Official roweror Gazette and subject to the condition of previous publication, make rules to sAt dr arntoi nr to make roles.
carry out the purposes of this Regulation.
(2) 1n particular and without prejudice to the generality of the foregoing powcrs, such rttles may—
(a) specify for dillerent localities the unit of survey, the sub-divisions thercof ati'd the clescription of the survey marks and provide for the maintenance, renewal and tepair of such marks;
(b) provide for the eollection and record of any informatiOn in respect of any land which has been or is about to be survcycd;
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(c) define the classes of officers to be appointed to perform any duty ,under this Regulation and the powers to be exercised by such officers;
(d) provide for and regulate i, procedure to be followed by those officers in the conduct of proceedings under this Regulation;
(e) provide for the publication of all notifications issued ander this Regulation and for the form, issue and service of all orders, pommunications and notices to be issued, communicated, given or served under this Regulation;
(f) regulate the furnishing of survey marks, labour and other matters necessary to surveys notified under this Regulation and the recovery of charges incidental thereto where they are recoverable;
(g) provide for the fees payable for processes issued and copies granted under this Regulation;
(h) provide for the manner in which arbitrators are to be appointed and regulate the procedure to be followed by them;
provide for all other matters expressly required or allowed by this Regulation to be prescribed.
• 21, If immediately before commencement of this regulation ther6 is in force in the whole or any part of the islands any law correspondin4 to this Regulation, that law shall on such commencement stand repealed.
RAJENDRA PRASAD, President.
G. R. RAJAGOPAUL, Secretary.
OFFICE OF THE ADMINISTRATOR LACCAD1VE, MINICOY ANJ) AMINDIV1 ISLANDS L. M. & A. ISLANDS SURVEY AND BOUNDAR1ES RULES 1960.
1. Short title: These roles may be callcd the Laccadive, Minicoy and 'Amindivi Islands Survey and 13oundaries Rules, 1960.
2. Definitions: 111 these roles, unless the context otherwise requires—
(a) "Regulation" means the Laccadive, Minicoy and Amindivi Islands Survey and Boundaries Regulation 1959;
(b) "Section" incans a section of the Regulation.
3. Classes of survey stones to be used in survey and points at which they are to be planted.
The following are the survey stones to be used in survey:—
(1) Thendolite done—Rougli stones of durable quality roughly squared at top (20cm. x 20cm.) or ccmcnt concrete slabs 60 cm. in length, and square (20 ern. x 20 cm.) at the top. A plummet hole in a circle of 5 cm. diametre should be cut on the top as also a broad arrow mark 10 cm. in length.
Note Sione 13ouldcrs iu silu or rock if sibialcd al Ilic recluiled points inay bc utiliscd by cutting tlic pluminct bolcs and arrow marks on thein.
These stones are to be planted at the points at which a theodolite has been sct up.
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(2) Field stone-Rough stones of durable quality roughly squared top (15 cm. x 15 cm.) or cement concrete slabs 60 cm. in length and square (15 15 cm.) at the top with an arrow mark 10 cm. in length at the top.
Note : Stone Boulders in situ or rock if situated at the required points may also be utiiised by arrow marks on thern.
These stones are to be planted at junctions and bends of survey fieldi -at the bends of poramboke sub-divisions and fields.
• 4. Existing survey marks to be deemcrod pteo be t o ho r p t r y e sc b r efo ed e dth isecrsp Survey marks which have been planted unce p deemed to have bcen planted under the provisions of thes these ruleE-shall be
5. Survey marks when deemcd to require repair-- A survey mai require repair when it is
(a) out of its correct position; or
(b) entirely covered with earth or overgrown with vegetation so a invisible or inaccessible for purposes of measurernent.
6. Powers exercisable by Survey Officers— Survey Officers ap under sub-section (1) of section 8 and mentioned coluwithin theimn (I) of tlr respectiv ic schedul shall exercise the powers specilied column (2) thereof dictiou, which nia be assigned t them in this behalf by e Administrator, p that the Administr y ator may also o exercise all or any of th the powers confci such ollicers.
.
Sel I EDULE Class of rrlliccis empowered
1. Assistant 1)irector of Survey and Tabsildars and Sccretary to the Administrator.
2. Assistant Director of Survey, I Icad Survcyor, Deputy Surveyors, Tahsildars.
Asst. I)ircctor of Sui vcy, I lead Surveyor, Dcputy Surve) ors,Tabsildars and Secretary to the Administrator.
mier dcwiiption or pOWCI9 COnrCrred To licar appeals from orders under sections 7 (1) and 8 (I) passed by subordinate survey olTicers (Section 9) To publish notilication of commencement of survey [Sec. 5 (1)] To deterrnine undisputed boundaries [Section 7 (1)] To inquire into and dete mine disputed boundaries [Sec. 8 (1)] To notify completion of survey [Section 11] To reccive rcports of the destruction, injury, roniovnl or allcrtlion of survey inalks itice 1/1 (I))1 o summon witnesses and require production of documents [Sec. 16] - 14-
4. Tahsildars, Deputy Surveyors To maintain, rencw and rcpair survey marks and apportion the costs thereof [Section 13 (1)] To issue Notice to the Registered holders regarding renewal or repair of survey marks [Section 13 (2)]
5. Asst. Director of Survey, Secretary To refer to arbitration [Sec. 171 to the Administrator.
7. Collection and record of information and land to be surveyed. (1) Wher the survey officer empowerd under rule 6 has published a notification under sub• aggnon (1) of section 5 in respect of any land such officer may by written notice cal upon any person claiming to be interested in such land.
(a) to attend either in person or by agent at a specillecl place and timi and froM time to time thereafter in order to point boundaries and supply informatic in connection therewith.
(b) to produce before him for inspection and registry all grants, ti deeds and other documents relevant in his opinion to the survey.
(2) The survey officer may by written notice, call upon the Amin Karani of the islands to produce records and information relating to the survey to point out boundaries, and supply information in connection therewith and attend during the survey whenever necessary.
r —I 5--
8. Nlaitner t.)f pohlication of nolification under Section 5 (1) 'lllc notihcation under sub scction (I) of seclion 5 shall hc pnhlished in Ihe following inanner, ,nainely by tllisintt a copy thercof in a conspictious place in the ollice of the Atnin or ICarani of the island concerned and hy hent of drtun.
9. Forni of siolices under Section 7 (2)—The notices issued under Subsection (2) of section 7 shall be iu the forst of an extract relating to the holding and shall state the tinic within which and the ollicer to whoin an appeal may be presented.
Forst of notices issued tubler scetion 8 (2) and 9 —Notice of decision under section (2) uf section 8 and section 9 shall • give the purport of the decisions passediand those givelrunder sub-section (2) of section 8 sltall also specify the tirne within which and the olliccr to whoin an appcal Inay be presented.
11 Notice of appeal--When an appeal is liled against a decision under subsecti, a (I) of section 7, notice shall be given hy the appellate authority to aii the regittered holdels the boundaries of whose holdings inay be (dfectecl by the procceding,s in appeal. In the case of an appcal against a decision under sub-section (I) of section ti noliur f..1[111 sintilat ly hc given to the other partics to the dispute.
12. 11(cparalion ot records I ur the survey ot any land the tollowing rccords shall bk- plepated by the Survey 011icer hefore the conipletion ol' the survey of the land notilicd under section 11:- -
(i) Iield tegister showing the ntiniber and area each survey field and sub-divis),u) and, tar as ascertainable, the tenure and ownersIiip of the same.
(ii) lecord of Ineasureinent, or licld nicasurcrnent book plotted to scale and sho\No(), the ineasurentents taken for each field and sub-division.
d -16-
(iii) map plotted to scale showing all survey fields with important topo graphical details.
13. Contents of notice under Section 13 (2)—The notice under sub-section
(2) of section 13 shall specify the numbers of the survey fields or sub-divisions on o within.the boundaries of which the survey marks requiring renewal or repair ar situated.
14. Manner of .service of notice—(1) The notice issued under the regulatio or under these rules shall be served on any person—
(i) by delivering or tendering the same to him or if he is absent, ,delivering or tendering the same to any adult member of his family or to his auth rised agent and an acknowledgement obtained in tokcn of the receipt of sui notice; or
(ii) if it cannot be so delivered or tendered, by affixing it on the out door or some other conspicuous part of the premises in which that individual live and a written report thereof shall be prepared and witnessed by two persons livi in the neighbourhood.
(2) Every acknowledgment and written report obtained under this r shall be entered in a book maintained for the purpose,
15. Supply of survey marks and labour— The survey marks used and labour employed under sub-section (I) of section 18 shall ordinarily be supplied the cost of the government. Where, however, a registered holder of )and or tenant offers to supply survey marks and labour at his own cost, the survey off may grant permission accordingly if he is satisfied that the progress of survey not be retarded thereby. The survey officer shall be competent however, to res( such permission if he linds at any time that delay in the land holder's or the tena;;t's supply of cither survey marks or lahour has set back the progress of survey operations.
16. liettorts under Section 1,1 to whom to be matle—The report which the Amin, Gumastlia, or Karani is required to make under Section 14 shall be made to the Talisildar in the l'orm of an entry in an inspeetion register to be submittect to the Tahsildar at such times as may be specified by hini in this behalf.
17. Conduct of proceedings under Section 16—The proceedings of all officers authorised to conduct proceedings under section 16 shall be governed, so far as may be practicable, by the law in force in the lslands as to—
(a) the service of summonses;
(b) the summoning of parties and witnesses and enforcing their attendance;
(c) the hearing and the examination ol parties and witnesses; and
(d) the production ol' docuinents.
18. Fees for processes issued—Processes issued under the Regulation shall ordinarily be scrvcd by the establishment attached to the Amin or Karani of the Island. The Administrator may howevcr, sanction the employment of special esta- • blishment for the service of such notices, and in such event the following scales for • .fees shall be payable namely:-- Nature of process Amount leviable by Survey officer For cach summons or noticc
(a) to a single defendant, respondent or witness.
When exercising original jurisdiction Rs. nP.
0. 50 l 'When exercising jurisdiction Rs.
1.
appellate nP.
00
(b) to every additional defendant respondent or witness residing in the same island, if the processes be applied for at the same time. 0. 25 0. 50 Note : — for processes applied for and ordered to be served urgently, the fcc shall be one and ha times the ordinary fee.
19. Fee for grant of copies of Orders etc.— Copies of orders passed und( sections 7 (1), 8 (1) and 9 may be granted to the applicant on payment of fee whic shall be levied in the form of stamp papers at the rate of one sheet for every 1- words whether in English or in Malayalam.
Expianation—For the purpose of this sub-rule `sheet' means a stamp pap bearing a stamp of the value of 31 nP. 9(2) the fee for copies of plans, sketches ai diagrams shall be fixed at Re. l per sheet of paper of the size used for a page Field Measurement Book and Re. 1 for every additional sheet required.
20. Appoinimenl etc. of Arbitrators- (I) "1-11c Arbitrators shall bc appoint in the following manner.
earnwaw:-.T"-:( 19 1n any clispute (as to a boundary) coming up for hearing in the court of the Administrator or the Sccretary to the Administrator, or the Assistant Director of Survey the court may, at any stage of the hearing, if satislied that the facts, of the case cannot bc asccrtaincd except by reference to local persons, suggest to the 'parties in dispute that the case be referred to arbitrators.
(2) 1f the parties agrce to arbitration, the Amin or Karani of the Island with two Karnavans and two representative land holders as may be agreed upon by the parties in dispute sha11 bc appointed as arbittators,
(3) lf the parties agrec to arbitration, but do not agree•to the choice of the representatives, the Court may of its own accord appoint two Karanavans, and two-representative land holders and the Amin or Karani of the island, as arbitrators who sha have powcr to act in the reference and to make ah award as if they had been appointed by the consent of all parties.
(4) The Court shall by ordcr refer to the arbitrators the matter in differenc which thcy are required to determine and shall in the order specify such time as it thinks reasonable for thc making of the award:
Kovided that the Court may if it thinks lit, enlarge from time to time the time for making thc award.
(5) The arbitrators shall not bc entitled to any remuneration in respect of thc arbitration.
(6) Thc court mity on the application of the Amin or .Karanavan, rcinove aii arbitrator who fails to use all rcasonable despatch in entcring on and procecding with th-c reference. The court may also remove an arbitrator who has misconducted Iiiinself.
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(7) If, for any reason, a vacancy (other then a temporary absence occurs in relation to an arbitrator), the Court shall appoint another person to fill the vacancy and the proceedings may be continucd before the arbitrator from the stagc at.which the vacancy is filled.
Provided further that if any such vacancy occurs in case of any arbitratoi being a representative land holdcr who has been appointed to fill the vacancy excepi ih the consent of such parties:
Provided further that if the parties do not agree to the choice of suel arbitrator, thnCourt may, of its own accord, appoint any person to fiii the vacancy
(8) The Court may from time to time remit the award to the arbitrator:
for reconsideration where the award has left undermined any of the matters referrec to arbitration.
(9) The Court may by order modify or correct an award where i appears that the award is imperfect in form or contains any obvious error which cai be amended or rectified without alfecting the decision. The Court shall decide tht dispute according to the majority opinion given in the award. The decision of thi Court passed in accordance with such award shall be conclusive between the partie to such arbitration and those claiming under them.
21. Procedure to be followed by arbitrators—(1) The arbitrators shal conduct proccedings jointly, the Amin or Karani presiding over the deliberations-.
(2) The arbitrators shall take such oral evidence and consider sucl documentary evidcnce as may be considered by them to be relevant or material tt the dispute.
(3) The Court shall issue the same processcs to the parties and witiesses whom the arbitrators desire to examine as the Court may issue in matters tried Defore it.
(4) The award shall be joint document signecl by all or a majority of .he.arbitrtors and shall be submitted to Court by the Amin or Karani. The Amin Karani shall also Ille along with the award a brief note regarding the documents /erified and the witnesses examined, and the Local inspections made by the Lrbitrators.
System of Survey to be adopted—The Diagonal and off-set system of survey be adopted for survey of the islands, provided that the Administrator may dopt. such other procedure as may appear to him most suitable.
C. K. BALAKRISIINAN NAIR, Administrator.
Laccadive, Minicoy & Amindivf Islands, KOZHIKODE-4.
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