ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP Kavaratti Island, Dated the 1 lth August, 1980. NOTIFICATION F. No. 5/1/77-L. R. (Survey): In exercise of the powers conferred under sub-section (I) of section 20 of the Lakshadweep Survey and Boundaries Regulation, 1959 (No. 4 of 1959), the Administrator, Union territory of Lakshadweep hereby makes the following rules after due publication, namely:
1. (a) These rules may be called the Lakshadweep Survey and eSrt Boundaries (Supplementary) Ruies, 1979; theo title
(b) They shall come into force from the date of their publication in Lakshadweep Gazette.
2. (a) "Collector" means the Collector of the District having Definifions. jurisdiction over the area;
(b) "Government Und" means any land the proprietory right of which is vested in the Government;
(c) "Registered holder of any land" means the person 4n whose name the land in question is registered in the Government accounts of the island.
Explanation 1. When any person other than the registered holder is in lawful management of a land, otherwise than as agent or servant of the registered holder or as mortgagee, such person shall be deemed to be the registered holder in respect of such land.
Explanation 2. When a land is registered in the a name of two or more persons jointly, the holder or holders of the land so registered shall, for the purposes of these rules be the person or persons who are deemed to have been recognised by the other joint holder or joint holders as manager of the land or who, in the case of dispute is recognised by the Collector as the principal joint holder.
(d) Director of Survey and Land Records shall include Settlement Officer; "G. lines" mean the lines connecting the ends of trijunctions as technically called;
(e) "Forms" means the forms prescribed under the rules;
(f) "Registered lands" means any land the proprietory right of which does not vent in the Goveinnient;
(g) "Village Official" includes Amin, Gumastha, Nadappal;
(h) "Surveyor" includes "Deputy Surveyor" and "Senior Surveyor" i,ncludes "Selection Grade Surveyor";
(i) "Tahsildar" includes Deputy Collector, Minicoy;
(j) "Poromboke" shall mean unassessed lands which are the property of the Government reserved for public purpose such as roads, lane, market, burial ground, path ways, ditches, hikes, sea shore etc. Insertion of
3. In the Lakshadweep Survey and Boundaries Rules, 1960 after new rules, 22 to 56. rule 21, the following rules shall be added as rule 22 to 56. 3
22. Maintainable survey marks: The maintainable survey marks shall be the following:—
(a) All theodolite stations;
(b) Survey marks at all bends on the boundaries of survey fields;
(c) Survey marks at the junction of survey fields, ends of "G lines" or base lines and in the case of Government lands also at the ends of and bends on sub-division boundaries.
23. Inspection of survey marks: Any Survey Officer shall be competent to inspect all the maintainable survey marks. When a survey mark is found to require renewal or repairs, the Survey Officer shall issue notice, under sub-section (2) of section 13 in Form No. I to the concerned registered holder.
24. Report of the Amins andjor Gumasthas of Amin's Katcherry about damaged survey marks: The report of the Amins and/or Gumasthas of Amin's Katcherry under sub-section (b) of section 14 shall be made to the Surveyor in the island or to the Tahsildar by making an entry in the inspection register, an extract of which should be submitted periodically.
25. Renewal and/or repair on f ailure of registered holder: If the registered holder fails to carry out the repairs andior renewal of survey marks within the period specified in the notice any officer empowered in this behalf under the Regulation within whose jurisdiction the land lies, shall or cause to renew and/or repair the survey marks at Government cost which will be recovered later from the registered holder of the land in the manner specified under section 13. 4
26. Cost of renewal and,Por repair of survey marks: The cost of renewing a missing stone or repairing a stone shall be recovered as follows:—
(a) Recovery of the cost shall be made as soon as the field work thereof is over;
(b) Cost of renewing a missing stone shall comprise of the following:-- the cost at the depot of the stone of the required size and descriptions, if the stones are available and in other cases the 'cost of the stone in the locality fixed by the Tahsildar or any other Survey Officer on the basis of advice from the P. W. D.;
(ii) all labour charges required for work such as measurements in field, conveyance and planting of survey marks, cutting of symbols and such other incidental charges as may be necessary;
(iii) a fixed charge of Re. 1 also per stone for other incidental charges incurred in this behalf.
(c) The cost of renewal and repairs of each survey mark shall be apportioned equally among the registered holders of all fields touching the stone repaired or renewed.
27. Manner of recovery of cost: The cost ofrenewal andior repair of survey marks including other expenses shall be recovered from the parties concerned as provided under section 13.
28. Maintenance of survey marks on the boundary between Government lands and registered lands: In the case of a survey mark on the boundary between Government Iands and. registered lands, the registered holders or owners of registered lands touching
(i) 5 the survey mark shall be responsible for the maintenance of the survey marks on the boundary.
29. Orders under section 13 (1) to be communicated by the Survey Officer or Tahsildar: Orders passed under sub-section (1) of section 13 imposing charges for renewal and/or repair of survey marks shall be communicated to the registered holder in Form No. 3. Where orders are passed by the officers other than the Tahsildar, such communication shall be made through the Tahsildars concerned. For this purpose the notice shall be prepared in duplicate and the Tahsildar shall after serving the notice on the registered holder, return the original to the officer issuing the notice.
30. When to make a fresh sub-division: A fresh sub-rlivisinn in a survey field nr a b-diViSinn thPrenf r12 y he created in the following circumstances:— When survey field or a sub-division of a survey field is to be further sub-divided under the rules for joint registry or transfer of registry.
2. When portions of survey fields or sub-divisions of Government lands are leased out.
3. When Government lands are transferred from assessed to unassessed.
4. When new sub-divisions are to be created under the Land Acquisition Act of 1894.
5. When a sub-division has to be effected for transfer of Government lands to the control of local body or any department of Government.
6. When a sub-division has to be made to write off or remission of land tax under the provisions of Land Revenue and Tenancy Regulation, 1965 (No. 6 of 1965) and the rules thereunder. 6
7. When a new sub-division has to be created for giving effect to any law.
31. Procedure for effecting a sub-division: In case of fresh sub-divisions under clause (2) to (7) of Rule, 30, the provisions of septions 5, 7, 8, 9 and I I of the Regulation shall be followed. The notice under sub-section (2) of section 7 shall be in Form No. 4 and the notice under sub-section (2) of section 8 or sub-section (2) of section 9 shall be in Form No. 3.
32. Measurement of new sub-division: Whenevet a new sub-division has to be made under Rule 30. the surveyor will measure the proposed sub-division on the ground. For collecting a sub-division under transfer of registry every applicant apply in Form No. 8 and shall remit the fee prescribed as follows:— Two rupees for each sub-division to be surveyed upto an extent of 5 ares;
(ii) Two rupees for the first 5 ares or fractions thereof and one rupee for every additional 5 ares or fraction thereof, when the sub-division to be made is in excess of ares. The fee shall be levied either in cash or by way of court fee stamps. On receipt of the application, the Sthveyor shall register it in the register of new subdivision cases. He shall measure the new sub-division boundary according to its alignment as seen on ground, after issuing intimation to the applicant and adjoining land owners/holders in Form No. 6, prepare a regular sub-division sketch and sub-division statement in duplicate in Form No. 7 and submit them to the Tahsildar. The signature of all the parties involved in the sub-division case in token of their approval of the existing possession and boundaries of the new sub-division shall as far as possible be obtained in the sketch and the sub-division statement. The Tahsildar shall get the sub-division sketches and sub-division statement scrutinised by . the Collectorate. If the Collectorate finds any defect in preliminary scrutiny of
(i) 111,11 1 1 1 7 the sub-division sketch and statement they will be returned to the field through the Tahsildar for rectification. If the sketches and statements are in order, it shall be incorporated in original records after final scrutiny. One copy of the sketch and area list and sub-division statement shall be sent to Tahsildar. On receipt of subdivision sketches the Tahsildar shall direct the Surveyor to effect the new sub-division in the duplicate copy of the records of the village. After effecting, the sub-division in the copy of duplicate records, the fact shall be reported to the Collectorate through the Tahsildar. No sub-division bearing on extent of less than 0.01 are shall be made in any case.
33. Notice by Tahsildar: The Tahsildar shall, after detertnining the charges to be levied, issue notice to the applicant in Form No. 9 informing him the amount to be deposited. a .34. Refund of survey charges: The surey charges shall be rentitted into treasury under the iate head of account. v These charges shall not be refunded except in cases appropr where the work could not be done owing to the original survey records being incomplete or discrepant or due to other cases. In such cases, the Tahsildar shall report the matter to the Collector and get his sanction for the refund.
35. Failure to deposit survey and demarcation charges: If the applicant fails to deposit the survey and demarcation charges within the period prescribed in the notice, the application shall be rejected.
36. Issue of notice on deposit of charges: If the amount is deposited, the Tahsildar shall forward the application to the Surveyor of the concerned island for demarcation and survey of the land who shall issue notice in Form No. 6 to the applicant and also to the registered holders of all the unsurveyed sub-divisions within the survey number or surveyed subnumber containing the registry, to be surveyed and demarcated. 8
37. Demarcation of new sub-division in accordance with Government records: Sub-division boundaries which are to be newly demarcated shall be done and surveyed in accordance with the Government records and documents of title wherever such records and documents, indicate the measurement, extent and shape of the sub-division to be made, and in the absence of such records and documents, the boundary shall be demarcated and surveyed in accordance with the limit of enjoyment as seen on the ground.
38. Parties to provide new survey marks: For measuring sub-division lines and interior lines, the concerned ,parties shall provide new survey marks and necessary labour, failing which the work shall be carried out at the cost of the Government in the first instance and the same shall be recovered from the parties concerned.
39. Complaints to be disposed of by the Tahsildar or Surveyors: Compiaints received during the course of the survey and demarcation shaii be enquired into and disposed of by the Tahsildar or under his orders by the Surveyor supervising the work.
40. Director of Survey and Land Records to issue revised records. After the disposal of the land complaints, the Director of SurVey and Land Records shall issue the revised records to the Deputy Surveyor through the Tahsildar. The changes if any resulting from the survey shall be incorporated in the revenue records immediately and the fact verified at the time of annual inspection.
41. Basis of demarcation of sub-division acquired and Land Acquisition Act andjor by negotiation: In the case of sub-divisions of land acquired by Government under the Land Acquisition Act or through negotiation but not yet surveyed and demarcated, the measurement sketch in the land acquisition file or in its absence the extent acquired or other revenue records available, shall be the basis for demarcation. 11111 11 1 1 1 ,1 1 11 1 1 1, 11I 9
42. Application for pointing out boundaries of registered 'ands already surveyed and demarcated: Application for pointing out boundaries of registered lands already surveyed and demarcate,d shall be made by the registered holder in Form No. 10 to the Tahsildar having jurisdiction over the island in which the land is situated. in islands where there is no Tahsildar such application shall be given to the Surveyor-in-charge of that island who shall register such application and submit to Tahsildar after completion of work with his report. The fees for pointing out boundaries Will be Re. 1 (One rupee) for every boundary line of the field or sub-division thereof. In cases which are really difficult involving such ]abour and expenditure where the above rates are not workable, enhanced rates may be fixed by the Collector. Fees shall be collected either in cash or by way of court fee stamps. Demand for fees, if required, shall be given to in Form No. 11.
43. Notice to the applicant and holders of adjoining lands: Notice in Form No. 12 shall be issued to the applicants as well as to the holders of the adjoining lands by the survey officer attending to the work before the work is started.
44. Failure to supply with the notice under rale 43: If the applicant fails to provide necessary survey marks or coolies for the line clearance, in spite of the notice issued in Form No. 12, the application may be returned to the Tahsildar who shall be competent to reject the application for such defaults on the part of the applicant. The amount deposited by the applicant shall be forfeited in case his application is rejected. Complaints on the questidn whether there has been any default on the part of the applicant shall be enquired into and disposed of by the Tahsildar and his decisions thereon shall be final.
45. Pointing out or refixing boundaries by the Survey Officer: The Survey Officer shall point out or refix the boundaries according to the recorded measurement. The renewals and repairs of survey works shall be executed by the survey officer and a refixing sketch shall be prepared and kept in the file. 10
46. Notice of completion of work: After the application and records are received back from the Surveyors the Tahsildar • shall issue notice in Form No. 13 or Form No. 14 as the case may be to all parties affected by the survey about the completion of the work.
47. Appeals against refixing boundaries: Appeals against the refixing work done by the survey officer shall be preferred before the Director of Survey and Land Records within a period of three months from the date of service of the notice in Form No. 13 or 14 as the case may be. The decision of the Director of Survey and Land Records in the matter shall be final.
48. Correction of chain survey measurements: The Survey measurements already recorded by the process of chain survey, shall be corrected, if the error found on verification exceeds 1 link/2 decimetres per ritainp0 metres. 1njungle areas 1?, links/3 decimetres per chain/20 metres.
49. Correction of theodolite survey measurements:
(a) Tn the case of theodolite survey, the recorded angle as per previous survey shall be corrected, if the angle observed at the same station differs by more than three minutes.
(b) Limit of error allowable in linear measurements of the theodolite traverse survey shall be for a distance above 100 links/20 metres link/3 decimetres.
50. Discrepancy to be removed as per actual measurements on ground: 1f the difference between the recorded measurements for a boundary does not exceed the limit prescribed under rule 48 or 49 the discrepancy shall be reconciled as per actual measurements on ground. 11
51. Limits of error in the case of recorded areas of field or sub-divisions: The allowable limits of error of area shall be two per cent.
52. Correction of chain survey measurements to be made with the sanction of the Director.of Survey:
(a) No correction, addition or alteration in survey measurements shall be made without proper sanction as hereinafter provided;
(b) Having satisfied himself by field verification of the discrepancies in linear measurements the survey officer shall issue notice in Form No. 14 to the concerned registered holders, and after disposing of the objections if any raised in the matter, shall in necessary cases, prepare a draft memorandum of alterations with illustrative sketches and submit it to the Director of Survey and Land Records through the Tahsildar for sanction of the proposals for alterations. The Director of Survey and Land Records may sanction the proposals and older changes in the records of survey/settlement except in respectnecessary of cases sanctioned in Rule 53.
53. Sanction of Collector is necessary in certain cases: Whenever a correction of measurement involves a change in the existing area of the field or its sub-division by More than two per cent, the area in the memorandum of alteration shall be checked and certified to its corrections by the Director of Survey and Land Records and sent to the Collector who shall be the competent authority to sanction the alteration of area. When corrections are found necessary a draft memo of alterations with illustrative sketches shall be prepared by the surveyor under personal supervision and checking by Senior Surveyor and the Senior Surveyor shall propose corrections after due enquiry into the discrepancy in the measurements and disposing of the objections if any, put in by the registered holders of the fields affected by the proposed correction and forward the proposal to the Director of Survey through the Tahsildar concerned. The Director of Survey 12 on receipt of the memorandum of alterations scrutinise it and having satisfied himself of the necessity for the correction may approve it and order necessary corrections in the records, whenever the corrections involve change in the recorded areas of fields or sub-division, the Director of Survey shall after technical scrutiny, forward the memorandum of alterations to the Collector for sanction and ordering the changes in the concerned records.
54. Procedure for alteration of recorded area: The field shall Be remeasured and area computed by the surveyor and overchecked by the senior surveyor. If the difference between the recorded and recomputed area exceeds the limit prescribed in rule 51 memorandum of alterations shall be prepared by the senior surveyor and submitted to the Director of Survey and Land Records through the Tahsildar concerned for technical scrutiny. On receipt of the memorandum of alteration of area duly approved by the Director of Survey and Land Records the Tahsildar shall issue notices in Form Nn. 14 to the concerned registered holders. In preparing the memorandum, if the error in the total .area of the entire survey field is within the allowance and area of any of the component sub-divisions exceeds the allowance prescribed in rule 51, the areas of all the sub-divisions in the survey field shall be recomputed and rateably adjusted so as to agree to the total area of the field. After disposal of complaints, if any, the tahsildar shall in necessary cases, submit the alteration memorandum to the Collector for sanction. The changes in the survey and settlement records shall be carried out only on receipt of orders sanctioning the alteration proposed in the memorandum.
55. Technical scrutiny to be conducted by the Director of Survey in certain cases: In cases of alteration of area involving correction of theodolite measurements, technical scrutiny of the survey records shall be conducted by the Director of Survey and Land Records. 13
56. Restirvey where there is no error in measurements but the boundaries •on ground disagree: Where there is no error in the measurements, but the boundaries on ground disagree with the records, the field must be resurveyed in accordance with the actual facts of enjoyment except in the case of poromboke, where each case will be detal with on its own merits. Sd/— (PRADIP MEHRA) Administrator. FORM No. 1 (rule 23) Form of notice under section 13 of the Lakshadweep Survey and Boundaries Regulation, 1959 (No. 4 of 1959) To of Village Take notice that the survey marks as per the sub-joined statement for the maintenance of which you are responsible/jointly responsible require .repair or renewal and that, in default of your executing the necessary renewal/repair within 15 days from the date of receipt of this notice, necessary action will be taken by Government and the charges incurred under the Lakshadweep Survey and Boundaries Regulation, 1959 (No. 4 of 1959) and the rules made thereunder, will be recorded as an arrear of public revenue due on land. apportioned and recovered 14 the The village officials shall render necessary assistance in carrying out renewal within the time specified above. repa ir Station : Date : Survey Officer Name of vilIage Survey number and subdivision number Number Whether of stones theodolite missing stone or damaged field stone Remarks FORM No. 2 (rule 29) Notice No: To Village Taluk You are hereby informed that the charges amounting to Rs for the renewals and repairs of survey marks as per the Notice No dated issued by has been confirmed as no appeal has been received as specified in that notice/revised as Rs P as the result of enquiry made or , the appeal preferred by on 15 You are to pay this sum of Rs ......... P ...... to the village officer of............ village, within seven days from the date of service of this notice, failing which the amount will be recovered as an arrear of public revenue due on land. Date .................. Taluk FORM No. 3 (rule 27) To Order ..................... ................................ Village Taluk
(1) The sums shown in tne sub-joined statement Will be recovered from you, under section 13 (1) of the Lakshndweep Survey and noundaries Regulaion, 1959 (No. 4 of 1959), as you have not attended to the renewals and repairs etc., as per notice served on you and as the work has been done at Government cost.
(2) Appeal, if any, should be preferred to the Tahsildar of the Taluk within 2 months from the date of service of this notice. Station Date : Partieulars of s tonesplanted vi Narne of Survey Descri- No. Cost of Cost of Fixed Tofal llage No. & ption of Stones hired chares amount Sub- of the stones labour at Re. 1 to be re- 2 Div. No stones per stone covered ci I 2 3 4 Rs. P. Rs. P. Rs. P. Rs, P. tc)4 5 6 8 9 Survey Officer. 16 FORM No. 4 (rule 31) Village The sub-joined statement is an extract from the survey field register giving particulars of the lands registered and surveyed in your name, appeal if any, against the survey should be presented within three months from the date of service of this notice to the officer-in-charge of the survey whose headquarters are at Field maps may be obtained on application and payment of the fees prescribed from time to time. Office of the Date : Initial survey As per, revenue accounts number number Survey number number Subfield division field division Survey Sub- 1 2 3 4 As now surveyed Area Area Hectare Are Hectare Are 5 6 Resurvey - 1 R em ar ks 17 No. Village No. Survey Nos. Survey and sub-division Nos. FORM No. 5 (rule 3 I) il Survey party jj Iji 111 11 ;11 ,11 I I I 1,11 1 1 , 1 1 1 Survey Officer. N. B. This decision is final unless set aside on an appeal filed within three months to the On the boundary between Decision:— Camp: Date: True copy to:— Complainant: Appellant: Defendant: Respondent: Notice to party under section 8 (2) or 9 (I) of the Lakshadweep Survey and Boundaries Regulation, 1959 (No. 4 of 9). In the original appellate survey court No In the complaint appeal No. under section 8(3) or 9 (1) of the Lakshadweep Survey and Boundaries Regulation, 1959 (No. 4 of 1959) of village No Taluk. Complainant/appe1lant : Defendantirespondent Nature of complaint : Incorrect demarcation : 18 FORM No. 6 (rule 32) No. To Village Taluk (I) You are hereby informed that the sub-divisions noted taken up for demarcation and survey on or soon
(2) You are required to render necessary help by clearing the survey.
(3) For further particulars, please apply to the undersigned, all reasonable assistance in the matter. below will be after. jungle during who will give Station : Date : Senior Surveyor/Dy. Surveyor. FORM No. 7 (rule 32) Statement showing the particulars of sub-division effected in village No. during the year Particulars of existing sub-division or survey field 19 Particulars of the proposed sub-division S u r ve y nu m be r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 S u b -d iv is io n nu m be r E x te n t ( R eg is te re d ) S u b -d iv is io n n u m be r S i gn a tu re o f t h e p ar t i es FORM No. 8 (rule 32) Form of application by the registered holder under Rule 32 for demarcation and survey of registered holdings.
1. Name and full address of the applicant : 20
2. The survey No. with revenue of subdivision number of the lands requested to be surveyed with name of the village
3. Applicant's title to the land (quote : patta No. )
4. Approximate extent of the land speci- : fied in (2) above DECLARATION
1. I agree to the payment of the survey charges for the demarcation and survey of the lands specified above.
2. The particulars furnished by me above are correct. Signature of the applicant. FORM No. 9 (rule 33) Notice No. To Village Taluk 21 (I) With reference to your application dated for demarcation il and survey of sub-division No. of survey No in village Taluk, you are hereby informed that you should remit into the treasury the fee of ir Rs under the head of account and produce the receipted 1 chalan within seven days from the date of service of this notice.
(2) In the event of your not remitting the fee and produeing the chalan within the time specified above your application will be rejected. il Date : Taluk. iI FORM No. 10 (rule 42) Form of application for pointing out the boundaries of registered Iand already demarcated and surveyed. I. Name and address of the applicant :
2. Particulars of the fields, the boundaries : of which are requested to be pointed out
(a) Name of the village
(b) Survey No. and sub-division No. :
(c) Details of boundaries to be pointed : out (No. of F. lines) 22
3. Applicant's title to the land specified in column 2 (here enter the patta No. etc.) DECLARATION
1. I agree to the payment of fees for pointing out the boundaries specified above,
2. The information furnished by me above is correct. Signature of the applicant. FORM No. 11 (rule 42) To Village Taluk I. With reference to your application dated for pointing out the boundaries of survey No is Village Taluk, you are hereby requested to remit into the treasury the fee of Rs under the head and produce the receipted chalan within seven days from the date of serving of this notice. 23
2. In the event of your not remitting the fee and producing the chalan within the time specified above, your application Will be rejected. Date Tahsildar. Taluk FORM No. 12 (rule 43) Village Taluk
1. The boundaries of survey No of .................... ,sub-division No .......... . ........... ...... Village, .... Taluk will be refixed on
2. During the work you are required to attend either in person or by duly authorised agent renew or repair the survey marks and to render necessary assistance by clearing jungle wherever required on or within the boundaries of your registered holding.
3. For further particulars, please apply to the undersigned who Will give necessary assistance in the matter. Senior Surveyor/Dy. Surveyor. 24 FORM No. 13 (Rule 46) Notice To
1. You are hereby informed that the boundaries of Survey No (and Sub-division therein) in Village • Taluk have been re-fixed in connection with the application dated made by youiShri
2. Complaints against the present re-fixing of the boundaries of your land shall be preferred to the Director of Survey and Land Records within three months from the date of service of this notice. Tahsildar Date : Taluk: FORM No. 14 (Rule 46) Notice To Notice is hereby given that the alterations specified in the appended Schedule are found necessary and that it is proposed to alter the permanent land 25 ecords. Any objections to •the proposed change can be presented to the undersigned within 15 days from the date of receipt of this notice.
SCHEDULE Memorandum of alterations to be made in the record of Village No Taluk District Survey Sub- Measure- Area Remarks Surve No. division men t y Sub- No. Meas ure- No. division ment. Area Remarks f No. 1 2 9 10 Tahsildar. Taluk READ FOR 4 5 6 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25