Kerala Survey and Boundaries Act, 1961

No: 37 Dated: Dec, 22 1961

THE KERALA SURVEY AND BOUNDARIES ACI‘, 1961

ACT 37 OF 1961

    An Act to consolidate, amend and unify the law relating to the survey of lands and Settlement of boundary disputes in the State of Kerala.

    Preamble. - Whereas it is expedient to consolidate amend and unify the law relating to the survey of lands and settlement of boundary disputes in the State of Kerala

Be it enacted in the Twelfth Year of the Republic of India as follows : -

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Survey and Boundaries Act, 1961.

(2) It extends to the whole of the State of Kerala and shall come into force on such date as the Government may, by notification in the Gazette, appoint.

2. Definitions. - In this Act, unless the context otherwise requires, -

(i) "Collector" means the Collector of the District, having jurisdiction over the area ;

(ii) "Government land" means any land the proprietary right in which vests in the Government.

(iii) "Prescribed" means prescribed by rules made by the Government under this Act;

(iv) "Registered holder of any land" means the person in whose name of the land in question of the land in question is registered in the Government accounts of the Village.

Explanation (1) - Who 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 mortgagee such person shall be deemed to be the registered holder in respect of such land.

Explanation (2) - When a land is so registered in the name of two or more persons jointly, the registered holder, shall, for the purposes of this Act, be the person who is recognised by the other joint holder or joint holders as the manager of the land or who, in the case of dispute, is recognised by the Collector as the principal joint holder ;

(v) "registered land" means any land the proprietary right in which does not vest in the Government ;

(vi) "Survey" includes all operations incidental to the determination measurement and record of a boundary or boundaries or any part of a bound and includes or resurvey ;

(vii) "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 ;

(viii) "Survey Officer" means any officer appointed by the Government as a Survey Officer under Section 3 ;

(ix) "Village Official" includes Village Officer, Village Assistant, Adhikari, Menon, Potail and Shanbogue .