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9 1

1923: T.N. Act VIII] Survey unduies 119 '

THE TAMIL NADU SURVEY AND BOUNDA-

RIES ACT, ;923.
TABLE OF CONTENTS.-
PREAMBLE.
CHAPTER I.

SECTIONS.
1. (1) Title.
(2) Local extent
2. Repeal.
3. Interpretation clause.
4. (1) State Government to appoint survey
officers.
(2) State Government to prescribe j1,risdic-
tion of survey officer.
(3) State Government may delegate powers of
control.

CHAPTER 11.
THESURVCY LANDS.
OF GOVERNMENT

5 . State Governme~tmay direct the survey of

Govenlinent land or of any boundary of
such land.
6. (1) Notification to be published by silrvey
officers.
(2) Such notification to be valid notice to
persons interested.
7. Survey officer to carry out the survey in the
prescribed manner.
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t 120 Survey ad Bau;rdrnies - [1923: T.N.Act Mn'

SECTIONS.
8. Cost to be charged to persot~siateresttdin the
fan& surveyed.
9. (1) Power of survey officer to determine and
m r d an undisputed boundary.
(2) Notice to rqistered holders of lands
affected.
10. (1) Power of survey officer to determine and
record a disputed boundary.
(2) Notice to parties to the dispute and to
registered holders of land affected.
1I. Appeds against orders under section 9 or 10.
12. Period within which appeal should be prefer-
red
13. Completion of demarcation to be notified.
14. Tnstitution of a suit in civil covrt within three
years to establish rights claimed in respect
of the boundary of the property surveyed.
15. ( I ) Registered holders rcsponsiblc for the
maintenance of survcy marks.
(2) Notice to the registered holdcr.
(3) Notice to cultivator or other person
interestcd.
16. Duties of village ofliccrs.

17. State Government may direct tllc survcy of

an estate in certain ciises.
18, Procedure lo be observed during survey.
19. Cost of survey recoverable from proprietor.
I'
,?q.
*
- '
-
-'.,&,
"~124tf@~.'
:.'-ld.eX
y.,f~>;
C v
.
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1923: T.N. Act VIII'J Survey and Boutzdaries 1Q1

SECTIONS
20, (1) State Governtncnt m y direct apportion-
ment of costs among lands surveyed.
(2) Apportionment how made.
(3) Cost so apportioned recovcrbl~by pro-
prietor from tonants.
21. Consequences ensuing on completion of
Survey of an estate.
(i) Duty of tenants.

.
(ii) Dutics of village officers.

CHAPTER IV.

22. Power to enter upon, oxamino, and clear

obstruction on lands.
23. Powcr to summon wit~~ossc*~
and rcquiro pro-
ductior~of documents.
24. Reference to arbitration.
25. (i) Propriotor or rcgistcl+ed hvldor may
rccovcr expcnscs paid by him fro111 the
owrler of the estate or Governnlerlt land
itnd may acy ilirc ;I cl~at*gcupon thc land
to that cxrcnt.
(ii) Person clainli 11s;ill i~ltcrcst 11iny pnv
charges payablc by proprietor or rcgis-
tcred holdct and accluirc :I chnrgc.
(iii) Extcllt 01' strch charpcs.

27. [mmunity for acts dclllc in good li~ith or

purporting to be so done.
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[Renived the &t of llte Qoverrror on tire 21st

February 1923 and that of the Gfovemor-Gene-
raf or1 the 12sh Marclz 1923 ; tlte asse11t of tlte
Governor-Qcnml lctnsfirst ptrblislteii in tl~eFort
St. George Gmette of the 29rlt Moy 1923.1
An Act to amend the law relating to survey
%;
of lands and settlement of boundary disputes.
Pnambte. WHER~A
it ~is expedient to consolidate and amend the
law relating to survey of lands and settlement of
boundary disputes arid whereas the previous sanction
of the Governor-General has been obtained under
section 80-A (3) of the Government of India Act ;
It is hereby enacted as follows :-
CHAPTER I.
PRELIMINARY.
1. ( I ) This Act may be called ' the1Pam;l N;~du]
Title. Survey and Boundaries Act, 1923. '
(2) It exteiid~to the whole of the 3[Stateof Tamil
L O C ~ Iextent.
-
Nadul. --- --
These words were substituted for the ~ o r d"Madras" b j rl~c
I
T,uni~lNndu Adnptotionof klws Order, 1969,:tsanlcnded by tllc T,itn~l
N,~il~t c\d;cptatton of L m s (Second Anlendn~ct~l) Order, 1969, \\ iucll
c,ilne tnto folcc o n tlic 14th Jmitnry 1969.
For St.ttcnlcl~to f Objjrcts and Reasotls, JCC I',lrt N of ( 1 1 ~fi,, 1
St. G e t ~ r ~Gn:cr/c,
~c .
d ~ t e dtllc 1jt I'ehru'~~y1921, page 3 i l 1 ~ , 1
1'1occcd1ngs11: Cou11c11,x e I'rocccdlnyr of lhc M a d m Lcgl\ldtl\c
C'ounc~l,Volumc:I, pagm 72-84: Volunlc 11, pages 72-75 ;Volu~ucIX
j).iges 565-566 ;Volumc X,pnpcb 1076-1096,1108-1149and 11 79.1220f
and Volume XI, pages 1384-1395.
This Act w,~saxtc-ndcd to the n ~ c r g dStale of Pudukkotr.~~ I)y
scctton 3 of. and tlio k t n l Schedulc to. the Tan111N:tdu Mcrycd si.itc\
(L<L\VS) Act, 1949(T,ltnil N ~ d uAct XXXV of 1949).
This Act was cxtcndcxl with tllodification to thc K;tny.iLu~nnri
district and the Sllcncottah taluk of the T~runclvclidistrtct by \c.ctton
9 (2) of the Tillnil Nadu (Transferred Territor ) Extension or Laws
Act, 1957(T?rnll Nudu XXII of 19571,r e p e a the mrrcspotnd~n~
, 1:tw in force tn tllat terrttory.
~ ldoubts
l as to the validity of ibis Act havc bcen removed by the
Ttunil Nndu Survc and Boundaries Act, 1923 (Validation) Act, 1924
(Tamil N?du ~ cIfof t 1925).
a This exprosston was substituicd for the expression "Presidency
of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970,
wll1c11wasdecmcd to havewmelnto force on tho I b h J a ~~ 6 9 .

i
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1923: T.N. Act VIII] Strrvey n

2. The Madras Survey and Boundaries Act, 1897,Repeal. i
is hereby repealed. i /::
I

3. In this Act, unlcss there is somcthiny repuguantoiant:;:

in the subject or context,-
/
i
(i) 'Estate' means- 'Estate. 1
I
:
I/

(0) any permai~cntly-settled estate whether

a Zarnir~ctnri,jngltir, mittn or pnlaiyanz ;
(b) any portion of such permanently-settled
estate which has been separately registered in the
offioe of the Collector ; '
(c) any unsettle~pnluiycrmor jaghir ; - 1 1;
(d) any inam village of which the grant was I :/
111
made or has been confirm-d by the British Govern- I
ment ; I
(e) any portion, consisting of one or more I
villages of any of the estates specified above in clauses ' I
(n), (b) and (c), which is held on a permanent under-
1
I

tenure.
I,
(ii) 'Government land' means any land not 6 ~ ~ ~ e r n m e n t .
forming an estate or any portion thereof. land.' I i.
%

(i ii) 'Prcscri be' mcans prcscri bctl by rules ' Prescribe.

frnmed undc~.this Act.
(iv) 'Proprietor ' rnc;ltls any pcrson in whose ' Proprietor. *
tlallle any estate is for tiw time being rcgistcrcd in the J
ojrice of the Collector of the district whcrcin the cstatc
i s situated, and, in r c s p ~ c tof an cs~;ltespecified in
clause (e) of sub-section (I), the lzoldcr thcrcof.
(v) The .registcrcd holder' of ally Government 'Registp~d
I
'
I
land means the person in wllose nnmc the land i n holdcr. !
1
question is rcgi4tcrcd in tllc Government accounts
of the vjlliigc :

Provided lhal when any person other than the

registered holder is in lawful management of Govern-
mnct land otherwise than as agent or servant o
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registered holder or as mortgagee or lessee,such person

5h3.11 bc dqemed to be the registered llolder in respect
of such Gnvernrnct~tland.
(vi) Whcre an estate or Government land is so
f registertxl in the names of two or more persons jointly,
the'proprictor'or 'rcgi\tercd holder',as thc case may be,
sh:ill, for the purposes of this Act, bc the person who is
recognized by the other joint holders as the manager of
the estate or who. i 11case of dispute, is recognized by the
Collector as senior joint holder.
(vii) ' Survey ' includes all operations
iticidental to the determination, measurement and
record of a boundary or boundaries, or any part of a
boundary and includes a resurvey.
(viii) 'Survey mark'means any mark or object
erected, m d e , employed or specified by a survey officer
to ~ndicateor determine or assist i n determining the
po'itionor level of any point or points.
(ix) 'Survey officer' means any persot1 appointed
hc a wrvey officer under section 4.
~ [ ( x ) gVillilge keadmau' and 'village accountant'

,~,c.ludc,'village olficcr' and Lvillageassistant'.]

-- - - - - -- ---.- --
1 rllis C I A ~ ; ~w . ~ \ ~nrcrtedby \cction 9 (2) of the Tamil Nadu
( ~'l*.lll\fcrrcd Tc~rito~ y) Extcnsiorl oC Laws Act, .19? (Tamil Nadu
A ~ itof
I of 1957). (c\lthoughsect1o!l9(2)aforesalddlrects thisclause
to bc: addcd to W ~ I O2, I ?thc ddd~t~onhas been ~nade!o section 3
.L, titc rcfcrcncc to scctlon 2 IS a mlstakc.) In so far as thts Act ap lies
I.)i . 3 d d tentorics. tha cl<iusewas addcd by scc,tion 4 of, anBt1,c
sCcolldSslledule to. the Tarn11Nadu (Added 'Tcrrjtorlcs) Extension
~,,~w.iAct, 19G2 ( I:lrt~il Nadu Act 14 of'1362).
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1 1923 : ~ . hAct
. VUI] Survey and Boundaries 125
(2) Su!)ject to the control of the '[State Govern- State Govern-
ment] and of any officer or authority appointed by it $ ~ $ ~ ~ ~ ~ O ~ b e
in this behalf every person so appointed shall exercise survey officer.
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) The '[State Government1 may delegate its State Govern;
ment maypowers
powers under sub-sections ( I ) and (2) to such officer or delegate
authority as it thinks fit. of control.

CHAPTER 11.
THESURVEY
OF GOVERNMENT
LANDS.

5. The '[State Governmetl.tl or, subject LO thescat,c;,vcrn.

authority to whom this power may be delcgatcd by i t $:."%:sf
control of the '[State Governm:nt], any oflicer or mcnt may direct ,
may by notification order a survey of any Government land or ofany
land or of any boundary of such land or of the boundary bo~~nclary
of
forming the common limit of Government land and such'anda
land that is not Government land.
6. (1) When any survey is ordered under section 5,
the survey officer shall publish a notification in the
prescribed manner i nvj ting all persons having any "
interest in the land or i n tllc boundaries of which the
survey has been ordered, to attend either i n person or
by agent at a specified place and time and from time to
time thereafter when called upon for the purpose of
pointi~lgout boundaries and supplying info1mati on
in connexion therewith.
(2) A notification published under sub-section (1) such t~otification
shall be held to be a valid notice to every person~?&V;~",ersonr
having any il~terestin the land or in the boundarics of
which the survey has been ordered-
7. The survey officer shall carry out the survey survey oasrr to
in the prescribed manner. carry out the
survey in the
prescribed
1 The words "Provincial ~overnment"were substituted for manner.
the words '6~oaalGovernment" by the Adapratlon Order of 1937
rd '*StateH war substituted for ''Pruvincial" by the
Order of 1950,
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cost to be 8. '[(I)] Tile cost, if any, of the labour employed

cw to and of the survey marks 'used En any ~ u m y notified
penon
i n t c d inthe under section 5 shalt beadetedned and apportioned
: lands s u w e d . in the prescribed manner among the persoos who have
any interest in the land or in the boundaries of which
th- survey has been ordered and shall be recoverable
from suchpersons as an arrenr of land revenue. Not ice
of such &termination and apportionment shall be
given in the prescribed manner to the persons aforesaid.
'1(2) Any person affected by a decision under
sub-section (1) may appeal to the prescribed officer
whosedccision, withreasons therefor, shall be recorded
in writing ;and notia of such decision shall be given
i 11thc prcscri bed ma&r to the parties to the appeal.

(3) An appeal under sub-section (2) shall be

preferred within three months from the &te of service
of notice undcr sub-section (I), after e,fcluding the time
taken to obtain a copy of thedecision :
Provided that the appellate authority may admit
nn appeal aftcr the expiry of the said period on his
bcing satisfied that the appclhnt had goodand sufficient
cnuse for not preferrhg the appeal within that period.
~ ! t - ~ / r t t l ( l l i o--The
n. fact that notice undcr 51rb-
scction ( 1 ) was not served personally on the appcll;i,,t
sh;lll ne d:emcd to bc good and sufficientcause wi [hin
the meaning o f t he above prov,so.
(4) A copy of the ortic1 ut~dcrsttb-section (2)
shall bc furnished to any person :ntcrestcd in sucj~order
on his application and at his cost. 3

I OWU
9, (1) The JUrVcY officershall have power to deter-
and
o ' ~ "j~~:inc
Ificcr to
:tprmine
record as undisputed any boulld;lry in rc.
sncct of which no dispute is brought to Izis notice.
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1923 :T.N. Act VIll 1 Survey ar~dBottrldarias 127 1

/ !

(2) Notice of every dccisio~~

of the survey officer No$=
under section 9 (1) shall be given in the prescribed
manner to the registered holders of the lands the oflandsaffected.
rz'rnd
to 1
I
boundaries of which may be affected by the dec;sioll. 1I**;
10. (1) Where a boundary is disputed, the survey ~ Y X ; ~ ~ U ~ C Y
oficsr, after making such inquiry as 11e considers detebne md
necessary, shall determine the boundary and record it record a disputed
in accordance with his decision. The survey officer b o ~ n d a ~ .
shall record i11writing the rcasons for his decision.
(2) Notice of every decision of the survey officer ~~~i~~;;;~ies
under section 10 ( 1 ) sha4l be given in the prescribed ;,,d to registered
manner to the parties to theclis ~rteand other holders of land
holders of the lands the bdQ P
' of ~ h i c hmay be
affected by the decision. ''

11. ( I ) Any perhon affected by n decihion under t$$$:$:'t

'Isection 9 or 10 1 may appcnl to the prescribed officer. section 9 or lo.
The decision of the appellate authority w i ~ hrcasons
therefor shall be recorded in writing and notice of such
decision shall be given in the prescribed manner to thc
I
parties to the appeal. Any n~odificationof tllc strrvcy
r ofliccr's decision. ordercd by the appellate autllority,
shall be noted in the record prepared under section 9
or 10,as the case may be.
(2) :![A copy of the order and a copy of rhc map
~.ccording(heboundariesas determined under section 9,
10 or 11 ( I ) shall be furnished to any person interested
in such order or map] as the case may be on his appli-
1 cation and at his cost.
.. . -- -- -.- - - - -. -. -
T!;esc words nnd figures were substituted for thc words and
1
figures secttons 9 or 10" by section 3 of the Madras Survey and
i3oundarics (Amendment) Act, 1952 (Madras Act X of 1952).
9 Tllesc worcls, ligures and brackets wcrt: subsdtutctl for thc words,
tigurcs and brncbts ''A copy of thc order undcrseclion 10or 11(1) and
:I COPY or the o1.1icr regarding the bo~uldaricsas dctcrmincd under
section 9, 10,w 11 (1) ahnil bo furnished to any pcrson inlcrcstcd in
stlcll orders hy sccliorl3 of.the Tarrill Nadu Survey and Boundaries
~ c t 1920
, (V:tlid:~tion) Act, 1924 (Tiltnil Nirilu Act I1 of 1925).
 LatestLaws.com --

and Boulrdaries 11923: T.N. Act MI

12. (a)An appealunder section 11 shallbepreferred
within three months from the date of service of notice
under '[section 90r 101provided that the time taken to
obtain a copy of the decision and of the map shall not
be included in the period of three months allowed
for appeal.
(b) No appeal preferred after the expiry of the
proviso. said period shall be admitted, provided that the
appellate authority may adrhit a n appeal after the
expiry of the said period on his being satisfied that the
appellant had good and sufficient cause for not
preferring the appeal within such period.
Explanation.-The fact that notice under '[section
9 or 101 was not served personally on the appellant
shall be deemed to be good and sufficient cause
within the meaning of the above proviso.
(c) No appeal shall be admitted under sub-section
(0) after the issue of the notification specified in scction
13.
Complctipn of 13. When the survey of any land or boundary
demarcat on to
be which has been notified under section 5 has been
completed in accordance with the orders passed under
scctior 9, 10 or 1 1 . the siirvey officcr shall notify the
fact in the district gazeltc and a copy of such notifi-
c:~tionshall bc posted in the village chavadi, if a,.,;
of the village to which thc survey relates ; unless thc
survey so notified is motlificd by a decree of a civil
court untlcc Lhc provisions of section 14, the recorct
of the survey s11:~llbe conclusi\.c proof that the boun.
tl:lrics detcrti~inctl anti ~+ecor<letl therein have been
corrccr l y dctcrrnincct and rccordetl.
[Ilstitulion orn 14. Any pct'son dcclllillg himself aggrieved by t h ~ .
suit incivil coiirt detern~inatiotlof any boundary under secliol~9, 10 or
. w~thin threc
yeilrstoestablish 11 may, subject to the provisions of Parts TI and I11 Central
- rights claimetl In of the Indian Limitation Act,l908*,institutea scitwithin Act XI
thrcc years fro111 the d:itc of thc notific;~tionunder of 1908.
:' respectortha
,boundar~of the -- --- . - - --- - - .. .----+-- _ _-
' T h e \ ~U V I ' CL~ I~I I ~li&tlrc.:\Vc~c \\hbst itcltctl for the words anti
liglllas "sectbn%9 Sbr 10'' by \cction 3 of the Madrir\ StlWey nntl
&)ul~dnries(Anicndl~lent)ACI,1952 (Mildrps Act X of 195?),
* Sce now 1110 Limitittion Act, 1963 (Ccntntl Act36 of 1963),
i
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1923 :T.N. Act VIU] h r v e y and Baundaies 129 1

I
section 13to set aside or modify the said determination ! /
and the survey shall, if necessary, bealtered inaccor- I
I
dance with the final decree in the suit and the alteration,
if any, shall be noted in the record, i

The plaintiff in such suit shall join as parties to it

all persons whom he has reason to believe to be
interested in the boundary which is the subject of the
suit.

15. (1 ) Subject to sflch conditions as may be pres- gf$;:d

cribed in this behalf, every registered holder of Govern- ,wns,ble li : I
ment land shall be bound to less maintain, renew and the mainten.
z,"!kz ,
repair the survey marks on or within the boundaries survey 1
of his holding, and in default of his doing so the survey
officer or the Collector may, at the cost ofthe '[State
Government], maintain, renew and repair such survey
marks, determine and apportion the cost of so doing,
and recover such cost as an arrear of land revenue. I
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.

(2) Before a survey officer or Collector maintains, Notice to tho

renews or repairs any survey marks, he shall serve a registered I
notice in ~ r i t i n gon the registered holder in the pres- holder. I
cribed manner giving particulars of the survey marks I iI
in rcspcct of which default has been committed and 1 !
culliag ~po17him to maintain, renew or repair tbe
same within a time to be specified in such notice
u hich shall be not less than 15 days from the date of
service thereof.

i Tho words " Provincial Government" were substituted for the

words " Local Government" by the Adaptation Order of 1937 and
the word ''State was substituted for tho word "Provincial by tlk*,
Adaptat~onOrder of 1950.
125-14-9
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(3) If the notice under *[subsection (2)] cannot

cultivator or be served personally .on the registered holder, a copy
~~~~~e~~ of the same shall bd served also on the cultivator or
other person interested in the land.

Duties of 16. It shall be the duty of every village headman

villago officers. and of every village accountant-
(a) to prevent the destruction, injury, removal
or alteration of any survey mark on or within the
limits of his jurisdiction ; and
(b) when he becomes aware that any such mark
has been destroyed, injured, removed or altered, to
report the fact to the prescribed officer.

CHAPTER 111.
OF ESTATES.
THESURVEY
State Govern- 17. The '[State Governme~lt], or subject to the
anent may control of the '[State Government], any officer or
direot the
of authority to whom this power may be delegated by
estate in certain it, may by notification direct the survey of any estate or
c~ases. portion of an estate or of any boundary therein-
(a) on the applicationin writing of the proprietor
of such estate or, in the case of a boundary, of any
person interested therein ; or

or more convenient assessment

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1% ,: T.N.Act VllI'J Smuey &d ~oundades 131

/ ,
(ii) for any other reason to be recorded prior t
to the issue of such notification :
Provided (1) that any person making an application
under clause (a) shall forward with his application
a statement in writing signed by him to the effect
that he will pay the whole cost of the survey and if
required will deposit the amount in a Government
treasury before the survey is commenced and (2) that
any survey commenced under that clause may be
stopped on the withdrawal of his appltcation by the
applicant unless the '[State Government] sees reason
to direct the continuance of the survey in virtue of
the power conferred on it by clause (b),

18. Except as provided i P sections In and 20, Procedure to

the conduct of such survey and the pi-oceedings of be observed
the survey officer shall, as far as may be, be regulated during
by the procedure laid down in Chapter I1 with regard
to the survey of Government lands ;and the provisions
contained in that chapter in regard to appeals from
the orders of a survey officer, the granting of copjes
thereof and the effect of such orders, and of the
decisions passed in appeals therefrom and i n regard
to the right of suit in respect of such ordcrs and deci-
sions shall, as far as may be, apply to all orders parsed
by a survey officer under this chapter and to tlic
decisions passed in appeals against such orders.

19. All cost incurred by the YState Government] cost or

on account of a survey directed under clause (a)
section 17 shall be recoverable from thc persons who from prop-
~f;z~;~~
have any i l l tcrest in the estate, portion of estate, or rietor.
boundary of which the survey has been ordered as
an arrear of land revenue ;the cost of a survey directed
under clause (b) (i) and (ii) of section 17 shall bc
borne by the '[State Governmentl unless otherwise
provided by any law for the time being in force.
words " Provincial 9overnment " were substituted for the
" -1
-
Oovernrnent by the Adaptation Order of 1937 and
State " was substituted-for-theword "-Provincial " by
tation Order of 1950.
25-14-9~
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20. (1) On the application of the proprietor of

mrnment an estate in which any survey has been made, the
ap,,tion- YState Government] or any ofher, or authority to
whom this power may be delegated by it, may direct
-@among the survey oficer to apportion among the holders
lands
smwyed. 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 s b l l be called upon to
pay a larger sum on account of such svrvey than he
would be liable to pay if he held his land directly
under the Government.
Apportion- (2) The apportioment un&r sub-section (1)
ment how shall be made in the prescribed manner.
made.
cost so (3) The amount apportioned under this section
apportioned when it is.due by the tenants of a proprietor shall
by proprietor
be recoverable as if it were an arrear of rent due by
kom tenants. a tenant to his landholder.
(4) For the purpose of this section and section
21, the expression 'tenmt ' shall include the holder
of a ren t-free grant.
I
Consequen- 21. When an estate or a portion of an estate or n
ces ensuing boundary in an estate has been surveyed in pursuance
on wmple- of a notification issued under sec:ion 17, the survey
tion of
survey of officer shall report the completion of the survey to
an estate. the District Collector and to the proprietor, and the
following consequences shall thereupon ensue :-
Duty of (i) Subject to such conditions as may be pre-
tenants, scribed in this behalf, every tenant of the land sul-veyed,
and where there is no tenant, the proprietor, shall
, be bound to maintair, renew and repair the survey
marks on or within the boundaries of his holding,
and in default of his doing so the Collector may,
-
1The words "Provincial Government
f-.- --
after giving notice to the tenant or proprietor as the
.
werc substi~uted for <,
tho words " Local Government" by the Adaptation Ord~rof 1937
and the word " State" was substituted for the word " P,>vincialw
by tho Adaptation Order of 1950. I
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1% : T.N. Act VIII] durvey and Bozcnclarieti 133

case may be in the manner provided in sub-sections
(2) and (3) of section 15, at the cost of the '[State
Governme~it],main tai 11, 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 Dutiesof

of the accountant of every village the whole or a part village
of which has been surveyed-
(a) to prevent the distruction, injury, re-
moval 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 thc estate and
to the Collector or to such officer subordinate to the
Collector as the District Collector may, from time to
time, direct.

CHAPTER TV.

22. For the purposes of any survey, inquiry or Powerto

other procetdings under this Act, the survey officerenter-upon,
or the District Collector or any of the subordinates ~ [ ~ ~ ' n e a " d
of such officers shall have power to enter upon, ex- obstruction
amine and mcasure any land under survcy and to Onlands.
clear by cutting down or removing any trees, jungle,
fences, standing crops or other material obstructiors,
the boundaries 01. other lines the clearance of which
m:ly be necessary for the purposes of the survey.

1 Tho words "Provincial Government '' were substituted for

-+he wads " Lociil Government" by & e - A d d r n - B & ; ~ f 1.937
and the. word " State I* was substituted for Provincial by the
Adaptation Order of 1950,
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Boundaries D923:T.N. Act

23. Any survey officer generally or specially autho-
51mmondt- rized in that behalf, or the District Collector or any ,
ofimr to whom an appeal is preferred under my of
% f7
documents-
the provisions of this Act may, for the purpose of
rendering assistance in the survey of any land, summon
and enforce tbe attendance of any 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 at tendance of any person for
givlngevidence and for the product'on of documents;
and thc procedure prescribed in the Code of Civil
Procedure for summoni~gand enforcing the atten-
dance of witnesses a d for the recording of evidence
shall be followed as far as it can be made applicable.
Reference 24. (1) The District Collector or the survey officer
- t J arbittr- may, with the consent of all the parties concerned,
t ion. refer to arbitration any dispute as to a boundary.
(2) The decision of the District Collector or
the survey officer passed in accordance with such
award shall be conclusive between the parties to such
arbitration and those claiming under them,
Proprietor 25. (i) In the abscncc of a contract to the contrary,
orregistered a proprietor or registered holder of any estate or
holdermay Goversmcnt land under survey, who incurs any
recover ex-
pcnsespaid expenses or from whom any fXpen>esarc recovcrcd
by him from under this Act in respect of such wrvey, {hall, ;f he
the owner of
theestateor be not the owner thereof, acquire a charge OD such
Government €state or Governme~ltl a d to the ex tent of the expenses
land and .so illcurred or recovered from him wilh interest
may acquire
a charge thereon at the rate of 9 per cent per annum.
upon the
land to that
L extent.
Person (ii) It shall be lawful for any person claiming an
claiming interest in an estate or Government land under svrvey
to pay the charges payable under this Act jn respect
may pay
charges of the survry of such Estate or Government land,
payableby though he be not the proprietor or registered holder
proprietor or
registered thereof; and all such sums, if paid by a tenant or
I
holder and lessee, may be deducted from any rent then or after-
I acquire a
charge.
wards due by him in respect of such estate or Govern-
mevt lard and if p a d by any other person interested
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1923 :T.N. Act VIII] Survey and Boundaries 133

I
' >

or bona $de claiming an interest in the estate or

Government lmd, shall be a charge v on such estate
P
or Government land. Such sums sha 1 bear interest
at 9 per cent per anrum.
{iii) Where a person er titled mder this section Extent of
I ii
to a charge on an estate or Government land is a such
co-owner of such estate or Government land, sucb
; I
charge shall exeend only to so much of the amount i
recovered from or expended or paid by him as is
due in respect of the share of the other co-owners I

in such estate or Government l a ~ dwith interest at

the rate aforesaid. , I
26. (1) The '[State dovernmentl may, after pre- sateGO,,
vious publication, make rules to carry out the purposes ment ma , 1
of the Act.
(2) In particular and without prejudice to the
make rugs
under the Act. ;! 1
generality of the foregoing power svch rules may-
(a) prescribe for different localities the unit I

of survey, the sub-divisions thereof and the des-

cription of the survey marks ; and provide for thc
maintenance, renewal and repair of such marks ;
(b) provide for the collection and record
of any information in respect of any land which has
been or is about to be surveyed ;
(c) define the classes of officers to be appointed
to do duty under this Act and the powers to be exer-
cised by such officers ;
I
(d\ prescribe and regulate the procedure to I I
I
/
be followed by those officers in the conduct of
proceedings u ~ d e rthis Act ;
(e) provide for the publication of aD notifi-
cations issued under this Act and for the form, issue
and service of all orders, communications ahd notices
to be issued, communicated, giver or served under
this Act ;
1 The words "Provincial Cbvsmment" were 8Ubstit~tc.d for
the words "Local Government': by the Adaptation Or& o f I937
and the word "State" was substttuted for the word "Pr~vinclal"
by the Adaptation Order of 1950.
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f$'< -s*-* .PC*-
, , 3 > .

136 Survey nnd Boundan'es n923 :TN.*ActVlII

- ( f ) regulate the furnishing of survey marks,
labour 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 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) prescribe the fees payable for processes
issued and copies granted under this Act ;and
(i) prescribe the manner in which arbitrators
are to be appointed and regulate the procedure to be
followed by them.
(3) All such rules shall be laid before lleach
of the 2[Houses] of the 3(State) Legislature] for a
per:od of not less than two months while '[that House]
is in session.

Immunity for 27. No suit or other legal proceedings shall lie

acts done in against any person for anything in good faith done
good faith
or purporting or purporting to be done ilnder this Act.
to be so done.

i Thcsa words were substituted for the wordsGtheL.egislativ=

council " by the Adaptat~onOrder of 1937.
A This word was substituted for the word "Chamberaw by the
daptation (Amendment) Order of 1950.
8 This word was substituted. for the word 6iP@vincia]" by
lbld
, rds " that
61 t b Council" by
" H o w " WaS wbs
(~mandment)Order
i
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- .

~ R K M E R TOF T
& A $ADG
~
[heglstsCcd No, M-j
IPtiqfi : . 15 Pa!ao
w:,
1

LatestLaws.com
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f:Irz 'S.~,?iii
Tii idioivicg A?"; of . &g,islitore received the
&adu, ' A : ,

assent of. the ?rosiddn(.' i n I!; ;3 1 :;i:. . Avgi~St' 1986. 1 . and is hereby, I,

pltblisl~cd for
. . .
etneral iilf'Ol'!~ii32
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A -4c t jlbrtj: PI..i o the 5"s,'lzil'

fim~~izd
., '..?
Nodu Surdvey and Boundnries
. -. r,
1';c L, ,.).L.>-

BE it enacted by the l.cgi>:lnt~i~~c of lhz %ate of Tamil Nadu in rhe-

Tl~irty.sc\icntll Year of the Rei;cb!ic of India a$ follows :- .
. .
1. Slror-t ~jr!c n;ni ~ ~ O ~ I ~ I : ~ C ~ ! L ' L ~ This! I : Z C Act . ~ ~ ~bs
~ ~ ~ ~may ) . callzd
the Tamil . Madu Sul-vey and : .,~ g d b d a r i I~ s(Amendment) Act,. , -

1386.
... . .. . - . .
.I
. .. I,. .
a * .

(2) It s h ~ l'tol-lll-:
l i ~ ? i . i lfoi'c.:c: oil .uch date as the State Govern-
ment may, by t!otificaticn, a?gsil!r. . ,. . .. . , , / ,

2. A:;zer!i;'/?ieni*c i j :;c.c.:lai-l 1 ?. TG..-~:' . ' I f I of lQ23.--.

N Q ~ U - i l sV It&;;

In tht: Tzi~lilNadu S1::vey abc! 3<oundzries.Act, 1923 (Tamil Nadu

Act VIII of 1923)
. . (hei-ci;:.r i tcr r::l'c:.red t o as !he piincipal Act), in
section 'J 3, in c l ~ u s c(u;!, i';jr rhc: wc!-6s " three months '' in the
two places -\),:here!!ICY 0,::hi., . tire. . - .vyo t e s .. L* ,or,e n1ontL " shall .. 5e
.
Yu bstikted. ' '
.

. .
. . .
PA, ~Groupj:v-2 2 : 4 8 [ 337 1
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(3) No a1- ulldit this section shall be admitted after the

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I

GOVERNMENT GAZETTE EXlX4ORDINAIIY 161

- -4M

u Legislative Assesbl> ~ec:ii~cdthe assent of the

y publl.hed for general information :-

Act No. 33 OF 1996.

ilrl . cr filrtlzer to nrne~u: the l'amil Nadu Survey aitd Boundaries Act, 1923.

Be i t enaci ed by the L:gi 4irl i ve isse~nblyof the ?;;at L of 7ami l Nad u in t Le

Fol.ly-scv~nthYea>. 01 tlic Reruhlic of Intlia :rs toi1otvs:-

1 . (1: This Act may be c: lled the :..%mil 5 , ~

u :Survey and Boundaries Shott titla and
(Amend met~t)Act, 1 996, CO-ent .
( 2 ) T i ~ 1 1 ~ 1c01ite
1 i i , l , ) ! 11 ce L once.

i ,I: 2'; )f T ' I ; ; 'dhiu S,i.vey II.L 3,).

* ' L
. .
~,r.i::\ Act, 1923, for Am&mer:' of
::. : ' i e Yc11 : 7 3 , .5-t .1: ion shall b: subsAi~;tcd,;lamely:- section 26.

d t h i s Aci shall, as soon as

usd ~ r t er
n the table ot the Legislative Assembly,
which it is so placed or the next session, the
y such rule or notificaticn or the Assembly
uld not be made or issued,tberuleor notih
in such modified form or be of no effect, as
such modificationor annulment sball be with-
ing previously done und er t hat rule or n o t i b - .

(By otder of the Governor)

9
A. K. RAJAN,
Seczefary to Govarnment,
t a w Department.

__ _ ____---_ - - ------
!)I 1 3 1 1 I1, 1, I$\ r i x f*Q\fL1lT',I()NER OF 'TITfr).h;ER). A U D PRIxTlh-G, MADRA8, a
111 { { A s l , [ fiJ 'I[{ . r&VEHP:MI., : I r)l 1 \ i l r f . ?;AJ>'lJr