No: 8 Dated: May, 29 1923

THE TAMIL NADU SURVEY AND BOUNDARIES ACT, 1923

(Tamil Nadu Act No. 8 of 1923)

    An Act to amend the law relating to survey of lands and settlement of boundary disputes.

    Whereas it is expedient to consolidate and amend the laws relating to survey of lands and settlement of boundary disputes and whereas the previous sanction of the Governor-General has been obtained under Section 80-A(3) of the Governor of India Act.

It is hereby enacted as follows:-

1. Title. - (1) This Act may be called the Tamil Nadu Survey and Boundaries Act, 1923.

(2) Local extent. - It extends to the whole of the State of Tamil Nadu.

2. Repeal. - The Tamil Nadu Survey and Boundaries Act, 1897, is hereby repealed.

3. Interpretation clause. - In this Act, unless there is something repugnant in the subject or context,-

(i) Estate. - "Estate" means-

(a) any permanently settled estate whether a Zamindari, Jaghir, Mitta or Palaiyam;

(b) any portion of such permanently settled estate which has been separately registered in the office of the Collector;

(c) any unsettled palaiyam or jaghir;

(d) any inam village of which the grant was made or has been confirmed by the British Government;

(e) Any portion, consisting of one or more villages of any of the estates specified above in clauses 9a), (b) and (c), which is held on a permanent under tenure.

(ii) Government land. - "Government land" means any land not forming an estate or any portion thereof.

(iii) prescribe. - "Prescribe" means prescribed by rules framed under this act.

(iv) Proprietor. - "Proprietor" means any person in whose name any estate is for the time being registered in the office of the Collector of the district wherein the estate is situated, and, in respect of an estate specified in clause (e) of sub-section (i), the holder thereof.

(v) Registered holder. - The "registered holder", of any Government land means the person in whose name the land in question is registered in the Government accounts of the village:

Provided that when any person other than the registered holder is in lawful management of Government land otherwise than as agent or servant of the registered holder or as mortgagee or lessee, such person shall be deemed to be the registered holder in respect of such Government land. means the person in whose name the land in question is registered in the Government accounts of he village:

Provided that when any person other than the registered holder is in lawful management of Government land otherwise than as agent or servant shall be deemed to be the registered holder in respect of such Government land.

(vi) 'Proprietor' or 'Registered holder' in case of joint registration. - Where an estate or Government land is so registered in the name of two or more persons jointly, the 'proprietor' or 'registered holder', as the case may be, shall, for the purposes of this Act, be the person who is recognized by the other joint holders as the manager of the estate or who, in case of dispute, is recognized by the Collector as senior joint holder.

(vii) Survey. - "Survey" includes all operations incidental to the determination, measurement and record of a boundary or boundaries, or any part of a boundary and includes a resurvey.

(viii) Survey mark. - "survey mark" means any mark or object erected, made employed or specified by a survey officer to indicate or determine or assist in determining the position or level of any point or points.

(ix) Survey Officer. - "Survey Officer" means any person appointed to be a Survey Officer under Section 4.

(x) 'Village headman', 'village accountant'. - village headman" and "village accountant" in relation to the Kanyakumari district and the Shencottah Taluk of the Tirunelveli district respectively include "village officer" and "village assistant".

4. State Government to appoint survey officers. - (1) The State Government may by notification appoint any person either by name or by virtue of his virtue of his office to be a survey officer for all or any of the purposes of this Act.

(2) State Government to prescribe jurisdiction of survey officer. - Subject to the control of the State Government and of any office or authority appointed by it in this behalf, every person appointed shall exercise and perform the powers and duties of a survey officer within such local limits, and for such periods of time as the State Government may direct.

(3) State Government may delegate powers of control. - The State Government may delegate its powers under sub-section (1) and (2) to such officer or authority as it thinks fit.

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