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Section 28

The Puducherry Survey and Boundaries Act, 1967Union territory Act of Puducherry · Act 8 of 1967

(1) The Government may make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe ---

(a) the unit of survey, the sub-divisions thereof and the description of the survey marks; and the maintenance, renewal and repair of such marks;

(b) the collection and record of any information in respect of any land which has been or is about to be surveyed;

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(c) the classes of officers to be appointed and the powers to be exercised by such officers;

(d) the procedure to be followed by these officers in the conduct of proceedings;

(e) the publication of all notifications, the form, issue and service of all orders, communications and notices to be issued, communicated, given or served;

(f) furnishing of survey marks, labour and other matters necessary to surveys and the recovery of charges incidental thereto where they are recoverable;

(g) 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;

(h) the fees payable for processes issued and copies granted;

1[ (i) *** *** ***

(j) *** *** ***

(k) *** *** ***]

(l) the manner in which arbitrators are to be appointed and the procedure to be followed by them; and

(m) any other matter which is to be or may be prescribed.

(3) All rules made under this Act shall, as soon as may be after they are made, be laid before the Legislative Assembly Puducherry, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modifications in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. Omitted by Act 8 of 1978, section 2, w.e.f. 31-5-1978.

51 Protection of action taken

29. No suit or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

Power to remove difficulties

30. If any difficulties arises in giving effect to the provisions of this Act, the Government may, by order in the Official Gazette, make such provisions or give such directions as appear to it to be necessary for the removal of the difficulty in so far as it is not inconsistent with the provisions of this Act.

Repeal and saving

31. All laws in force in the Union territory corresponding to the provisions of this Act shall stand repealed as from the commencement of this Act:

Provided that anything done or any action taken, including any notification, instruction or direction issued under the law so repealed, shall be deemed to have been done or taken under the provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.

______ 52 STATEMENT OF OBJECTS AND REASONS FOR ACT NO.8 OF 1967 The survey of Puducherry was done in 1889 and of Karaikal and Mahe in 1912 and 1929. It has been decided to undertake resurvey of the holdings in the Union Territory of Puducherry on the lines of the system obtaining in the State of Madras. The present Bill has been drafted on the lines of the Madras Survey and Boundaries Act, 1923. The Bill gives effect to the above proposal and also provides for preparation of records of tenants and for attaching presumptive evidence value to such records.

_______ STATEMENT OF OBJECTS AND REASONS FOR ACT 28 OF 1970 Chapter-III of the Puducherry Survey and Boundaries Act, 1967 (Act No.8 of 1967) contained provisions for the preparation and publication of the Record of Rights of land-holders, their tenants and others interested in the lands and corrections thereto as a result of claims and objections. The Puducherry Settlement Act, 1970 (Act No.28 of 1970) which was passed by the Legislature subsequently made similar provisions and also deleted sections 15 to 20 in the said Chapter-III. It is necessary to delete clauses (i), (j), and (k) of sub-section (2) of section 28 of the Puducherry Survey and Boundaries Act, 1967 which deals with the rule making power of the Government in regard to the preparation, publication and correction of the Record of Rights.

The present bill seeks to achieve this objects.

_______

Where this provision sits

ActThe Puducherry Survey and Boundaries Act, 1967
Section28
JurisdictionUnion territory of Puducherry
StatusIn force as published by the source

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