(1) On the application of the proprietor of an estate in which any survey has been made, the 14[State Government] or any officer, or authority to whom this power may be delegated by it, may direct the survey officer to apportion
14. The words “State Government” were substituted by the Adaptation of Laws Orders, 1937 and 1950.
Procedure to be observed during survey.
Cost of survey recoverable from proprietor.
State Government may direct apportionment of costs among lands surveyed.
12 [Act No.VIII of 1923] among the holders of the lands or persons interested in the boundaries which have been surveyed the whole or a specified portion of the cost of such survey; provided that no tenant under a proprietor shall be called upon to pay a larger sum on account of such survey than he would be liable to pay if he held his land directly under the Government.
(2) The apportionment under sub-section (1) shall be made in the prescribed manner.
(3) The amount apportioned under this section when it is due by the tenants of a proprietor shall be recoverable as if it were an arrear of rent due by a tenant to his landholder.
(4) For the purpose of this section and section 21, the expression „tenant‟ shall include the holder of a rent-free grant.
21. When an estate or a portion of an estate or a boundary in an estate has been surveyed in pursuance of a notification issued under section 17, the survey officer shall report the completion of the survey to the District Collector and to the proprietor, and the following consequences shall thereupon ensue:-
(i) Subject to such conditions as may be prescribed in this behalf, every tenant of the land surveyed, and where there is no tenant, the proprietor, 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 Collector may, after giving notice to the tenant or proprietor as the case may be in the manner provided in sub-sections
(2) and (3) of section 15, at the cost of the 15[State
15. The words “State Government” were substituted by the Adaptation of Laws Orders, 1937 and 1950.
Apportionment how made.
Cost so apportioned recoverable by proprietor from tenants.
Consequences ensuing on completion of survey of an estate.
Duty of tenants.
[Act No.VIII of 1923] 13 Government], maintain, renew and repair such survey marks and recover the cost of so doing as an arrear of land revenue. 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 establishment.
(ii) It shall be the duty of the headman and of the accountant of every village the whole or a part of which has been surveyed,-
(a) to prevent the destruction, injury, removal or alteration of any survey mark on or within the limits of his village; and
(b) when he becomes aware that any such mark has been destroyed, injured, removed or altered, to report the fact to the proprietor of the estate and to the Collector or to such officer subordinate to the Collector as the District Collector may, from time to time, direct.
CHAPTER IV.
MISCELLANEOUS.
22. For the purposes of any survey, inquiry or other proceedings under this Act, the survey officer or the District Collector 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, the boundaries or other lines the clearance of which may be necessary for the purposes of the survey.
23. Any survey officer, generally or specially authorized in that behalf, or the District Collector or any officer to whom an appeal is preferred under any of the provisions of this Act may, for the purpose of rendering assistance in the survey of any land, summon and enforce the attendance of any Duties of village officer.
Power to enter upon, examine and clear obstruction on lands.
Power to summon witnesses and require production of documents.
14 [Act No.VIII of 1923] person who has an interest therein and may for the purposes of any survey, inquiry or other proceedings under this Act, summon and enforce the attendance of any person for giving evidence and for the production of documents;
and the procedure prescribed in the Code of Civil Procedure for summoning and enforcing the attendance of witnesses and for the recording of evidence shall be followed as far as it can be made applicable.