Section 1:
(1) This Act may be called “Andhra Pradesh Survey and Boundaries Act 1923 ”
(2)The Act shall apply to all areas of the Madras Presidency.
Section 2:
1897 Madras Survey and Boundaries Act is hereby repealed.
Section 3:
(1) In this Act, unless the context otherwise requires
a) Estate Zamindari Jagir, Mitta, or / any tradition permanently settled.
b)Any part of the fixed estate specially registered in the office of the Collector.
c) Unsettled Palayam or.
d)Any Inam village, of which the grant was made or has been confirmed by the British Government;
e)Any part containing one or more villages in any of the estates specified in the (a), (b), (c) holds shall be a permanent part of the estate tenure.
(2) “Government land” means any land or any part thereof which is not formed as an estate.
(3) “Prescribed” means determined by the rules laid down under this Act.
(4) “Owner” means the person in whose name the estate is temporarily registered in the office of the District Collector where the estate is located, and, in respect of an estate specified in clause (e) of sub-section (1), the holder thereof.
(5) Government land “Register holder” means the person in whose name the land registered in the government accounts of the village.
(6) When the estate, or government land, is jointly registered in the name of two or more persons, the proprietor or register holder shall, for the purpose of this Act, act as the estate manager; or who, in case of dispute, is recognized by the Collector as a senior joint holder.
(7) All relevant activities relating to the determination, measurements, and record of the boundary or boundaries or part of the boundary fall under “Survey”.
(8) “Survey Mark” means any mark or object erected, made, employed, or found by the Survey Officer to indicate the level of any point or points and to assist in identifying or identifying them.
(9) “Survey Officer” means a person who is appointed as a Survey Officer under Section 4.
Section 4:
(1) The State Government may appoint a person as a Survey Officer for legal purposes, either by name or office status by declaration.
(2): the surveyor shall exercise and perform duties within such limit and for such period directed by the government.
Section 5 (Gazette Publication):
The State Government may Order to survey the boundaries of government and non-government lands to determine the boundaries of government lands or to determine the boundaries by declaration (gazette) by the State Government by any official of the Government or any official with inherited powers.
Section 6:
Notification to be published by survey officers
(1) – Survey order under section 5, the survey officer shall publish a notification in district gazette inviting all persons having an interest in the land or in the boundaries of which the survey has been ordered to attend either a person or by agent at a specific time and place from time to time thereafter when called upon for purpose of pointing out boundaries and supplying information in connection with a survey. And publishes an advertisement in the village Chavidies and through the beat of ‘Tom Tom’ in the village.
(2) – Section 6 (1) of the Notice is directed to all interested persons to treat it as a Valid Notice.
Section 7:
The Survey officer to carry out the survey in the prescribed manner.
The survey officer shall carry out the survey or shall cause the survey carried out with the assistance of an external or internal agency approved by the Government in the manner prescribed. (Subs. By Act 36 of 1995 w.e.f. 28-11-1995)
Section 8:
Cost to be charged to persons interested to survey their Land by the surveyor.
Section 9:
Power of survey officer to determine and record an undisputed boundary.
(1) The Survey officer shall have the power to determine and record as undisputed boundaries in respect of which no dispute is brought to his notice.
(2) Notice to registered holders of the lands affected: Notice of every decision of the survey officer, under section 9 (1) shall be given in the prescribed manner to the registered holders of the lands the boundaries of which may be affected by the decision.
Section 10:
Power of survey officer to determine and record a disputed boundary.
(1)empowers the Survey Officer to inquire into the boundary dispute, determine the required boundaries, and record in writing the reasons for it.
(2) The Survey Officer shall issue a notice of every decision to the parties and the graduates in dispute under Section 10 (1) in due course.
Section 11:
(1): Anyone affected by the decisions under Sections 9 and 10 may apply to the Survey Officer for confirmation. The authorities will inquire into them by asking the graduates to attend the hearing by notice. The survey officer records the changes to the decision in the records. The decision taken must be communicated to the parties.
(2): The recorded map provided by us under Section 9, 10 Section 11 (1) is made available to those who are interested.
Section 12:
Time period to receive an appeal.
(1): An appeal under Section 11 shall be preferred within 60 days from the date of serving of notice under Section 9 or 10, provided that the time taken to obtain a copy of the decision and of the map shall not be included in the period of 60 days allowed for appeal. (The words “Three months” was substituted for “sixty days” by Act 6 of 2007)
(2): If, after the above time limit, they show adequate reasons for appealing, the appeal can be received even after the expiry of the time limit, if the officer is satisfied.
Section 13:
Completion of demarcation to be notified
The survey of lands declared under section 5, after the completion of the inquiry under sections 9, 10, 11may declaration in the District Gazette that the matter is over, i.e. A copy of such notification shall be posted in the village.
Section 14:
If any person suffers a loss due to determination of Sections 9, 10, 11 may, subject to the provisions of paragraph 11, 111 of the Indian Limitation Act, within (3) years from the date of issue of the declaration under Section 13, About the change Can be sued in civil court.
Section 15:
Registered holders responsible for the maintenance of survey marks
(1): Subsequent surveyors who have completed the survey are responsible for maintaining the boundaries of the survey by the registered graduates. Graduates are responsible for maintaining, restoring, and repairing the stones. The government has the power to restore them and collect the cost from the landlords in the form of tax.
(2) Provide details of the stones before restoration and repair them within (15) days. Authority to issue notices to do so.
Section 16:
Duties of the village headman
Every village headman should prevent the destruction, removal, and vandalism of survey marks in his village. Observe the extent to which it is within its jurisdiction and immediately notify the supervising officer who is in charge of it in case of any tampering with the survey marks and this is the responsibility of the village headman.
Section 22:
Power to enter lands and remove obstructions
The Survey Officer shall have the power to inspect and remove trees, fences, and other obstructions that may obstruct the survey and measurement of the land to be surveyed, for any survey, other surveys conducted under this Act.
Section 23:
Power to summon witnesses and request submission of the document
The Survey Officer or the District Collector, who is generally or exclusively authorized to do so, or any officer who has filed an appeal under any of the provisions of this Act, may, in person, call upon a person interested in assisting in any land survey. In addition, a person may be summoned for any survey or other proceedings under this Act to appear, testify and submit documents. Thus the procedure set out in the Code of Civil Procedure, to record the evidence to call witnesses and tell them to attend, should be followed to the extent applicable.
Section 24:
Prescribing Arbitration
(1) The District Collector or the Survey Officer may direct any dispute on the boundary subject to arbitration with the consent of all the parties concerned.
(2) The decision of the District Collector or the survey officer passed by such award shall be conclusive between the parties to such arbitration and those claiming under them.
Section 25:
(1)In the absence of a contract to the contrary, the owner or registered graduate of any estate or government land under the Survey shall incur any expenditure incurred by him under this Act in respect of any such expenditure, or if he is not the owner thereof or incurred any such expenditure thereto, or any such expenditure incurred in such manner. He is to be charged on the estate or on government land at the expense of the proceeds. Apart from that, it should also get interest on it at the rate of 9 percent per annum. Anyone claiming interest can pay the charges payable by either the employer or the registered graduate and receive such charges thereafter.
(2)It shall be lawful for any person claiming a person interest in an estate or Government land under survey to pay the charges payable under this Act in respect of the survey of such estate or Government land, though he is not the proprietor or registered holder thereof; and all such proprietor or sums, if paid by a tenant or lessee, may be deducted from any rent then or afterward due by him in respect of such acquire an estate or Government land and if paid by any other person interested or bona fide claiming an interest in the estate or Government land, shall be a charge upon such estate or Government land. Such sums shall bear interest at 9 percent per annum.
(3)If the person who is entitled to the estate or government land under this section is the co-owner of the estate or government land, the amount received or spent by him or she as arrears on the share of other co-owners in respect of the estate or government land should be applied along with interest at the rate mentioned above only to the extent.’
Section 26:
Local government can make rules under the law –
(1) of the Act to carry out its functions.
(2) In particular, such rules shall not interfere with the normalcy of the jurisdiction.
a) Details of survey unit, related sub-divisions, and survey marks for various places determine and allow maintenance, update, and repair of such signs.
b )Collect and record any information relating to any land surveyed or not surveyed Can be allowed to do.
c )Define the powers of the various classes of officers to be appointed to perform duties under this Act and the powers to be exercised by such officers.
d )The procedure to be followed by these officers in conducting proceedings under this Act can be determined and sorted.
e) The publication of all notices issued under this Act may enable the creation, nationalization, and submission of all orders, messages, and notices to be sent, sent, issued, or delivered under this Act.
f ) Regulate the furnishing of survey marks, labor, and other matters necessary to surveys notified under this Act and the recovery of charges incidental thereto where they are recoverable.
g )Provide for the appointment of all charges directed to be apportioned by this Act and for the determination of the cost of labor employed and of the survey marks used in any such survey.
h ) Prescribe the fees payable for processes issued and copies granted under this Act.
i ) Prescribe how arbitrations are to be appointed and regulate the procedure to be followed by them.
(3) All such rules shall be laid before the Legislative Council for a period of not less than two months while the Council is in session
Section 27:
No suit or other legal proceedings shall lie against any person for anything in good faith done or purporting to be done under this Act.
