141-A Definitions –

For the purpose of this Chapter, unless the subject or context otherwise  requires – 

(a) “abadi area” has the meaning assigned to it by clasue (b) of Section 103;

(b) “land” has the meaning assigned to it by clause (a) of Section 103; 

(c) “owner” includes - 

(i) the person having permanent interest in any land or premises, or 

(ii) an agent of or a manager on behalf of, such, person, or 

(iii) a trustee of such person, or 

(iv)a body corporate in which any land or premises is vested for the time being, or

(v) the occupier for the time being of any land or premises; 

(d) “preises” means any land or building described as such in any record prepared  under this Chapter or in any other previously exiting record; and 

(e) “survey” includesidentification of boundaries and all other operation antecedent to, or  connected with, sruvey. 

142-B Power to order survey –

(1) The State Government may whenrever it thinks fit, order, by notification in the official Gazeette, that a survey shall be made of any abadi area within the  State or any part of such abadi area and every such abadi area or part thereof shall thereupon  be deemedto be under survey.

(2) The State Government may, by the same or a subsequent notification, direct that a  local autthority having jurisdiction over such abadi are or part thereof shall be in charge of the  survey to ordered. 

(3) A local authority in charge of such survey, shall, in relation thereto, exercise powers  and perform such duties under this Chapter or otherwise as may be led in the notification  referred to in sub-section (2). 

(4) Where no local authority is directed to be incharge of any survey ordered under sub section (1), the Collector of the district shall be in charge of such survey.

(5) A survey order under sub-section (1) shall be conducted in the prescribed manner  by an officer not below the rank of an Additional Land Records Officer to be appointed by the  State Government; and such officer is hereinafter referred to as the officer conduting the  sunny. 

(6) The State Government may appoint as many Assistant Records Officers and other  officers and servants as it may think necessary to assist the officers appointed under sub sech`on (5) to conduct the survey. 

(7) Every officer or servant appointed under sub-section (6) shall exercise such wars  and perform such duties as may be prescribed or as may be delegated to by the officer  conducting the survey. 

141-C Entry upon land -

The officer conducting the survey shall, for the purposes of this  Chapter, have power, either by himself or by other officers or servants employed in the sunny,  to enter, between the hours of sunrise and sunset, upon any land or premises within the abadi  area or part thereof under sunny, without ing liable to any legal proceedings what so ever on  account of such entry or of thing done on such land or premises in pursuance of the provisions  of this Chapter : 

Provided that no such entry shall be made upon any land or premises which may be  occupied at the time, unless with the consent of the occupier thereof, or with out previously  giving the sold occupier twenty-four hours notice of the intention to so. 

141-D Notice of survey may be given before hand -

Before entering on any land or  premises for purposes of sunny, the officer conducting the survey may cause a notice in  writing under his hand to be served on the owner of the land or premises about to be surveyed  and on the owners of conterminous lands or premises, calling upon them to attend either  personally or by agent on such land or premises before him or before such officer as may be  authorized by him in that behalf within a specified time (which shall not be less than three days  after the senice of such notice) for the purposes of pointing out boundaries and of affording  such information as may be needed for the purposes of this Chapter, and every person on  whom such notice may be served shall be legally bound to attend as required by the notice  and to give any information which may be required so far he may be able to give it. 

141-E Survey may be proceeded with suer service of notice under Section 141-D -

After  due service of the notice issued under Section 141-D.

(i) the officer conducting the survey or any other officer or servant authorized by him in  this behalf may proceed with the su ney whether the person upon whom such notice has been  send are present or not, and 

(ii) every such person who fails to appear or is not so present shall be bound by the  results of the sunny in the same .manner and to the same extent as if the survey were made in  his presence. 

141-F Suney map and register -

(1) The officer conducing the survey shall prepare a map of  the abadi area or part thereof under sunny. 

(2) Lands and premises in such abadi area of part thereof shall be shown on the map  separately in the prescribed manner. 

(3) To every piece of land to every premises shown separately on the map, an  indicative survey number shall be assigned. 

(4) The officer conducting the survey shall also prepare for the abed! area or pad  thereof under survey, a register of all lands and premises therein which have been surveyed.

(5) The register prepared under sub-section (4) shall specify, in relation to each  indicative sunny number assigned under sub- section (3), the name of the person or persons  appearing at the time of the survey to be the owner thereof and such other particulars as may  be prescribed. 

141-G Erection of boundary marks -

The Officer conducting the survey may at any time  cause to be erected, on any land which is lo be or has been, surveyed under this Chapter,  temporary or permanent boundary marks of such materials and in such number and manner  as he may determine to be sufficient for the purpose of the survey : 

Provided that no permanent boundary marks shall be erected when the boundary is  defined by a permanent building, wall or fence. 

141-H Maintenance of temporary boundary marks -

(1) When any tem- porary boundary  mark hasbeen erected under Section 141-G, the officer conducting the sunny may cause a  notice in writing under his hand lo be served on the owner of the land or premises whereon, or  adjoining which such boundary mark is situate, grinning him to maintain and keep in repair  such boundary mark till the survey had been completed 

(2) Should such owner nor comply with such notice, the officer conducting the survey  may repair the boundary mark and the expense incurred in doing so shall be recoverable from  such owner as an arrear of land revenue. 

141-I Disputes as to boundaries -

(1) if the course of a survey this Chapter a dispute is found  to exist as lo the boundaries of any land or premises to be surveyed, an inquiry shall be held  by an Assistant Records Officer authorized in this behalf for the purpose of determining such  dispute. 

(2) Such Assistant Records Officer shall cause a notice in writing under his hand to be  served on the parties concerned requiring them to appear before him, inperson or by anauthorized agent, on a specified day and to produce evidence of possessions the land or  premises in dispute. 

(3) On the specified day or on such other day to which the hearing may be adjourned  the Assistant Records Officer shall hear the parties, receive the evidence, produced by them  respectively, consider the effect of such evidence take such further evidence as he may think  necessary. and without reference torme merits of the claim of any of such parties to a fight to  possess the land or pre nffses in dispute, decide which of the parties is .m possession of the  said land or premises at the time of the sunny. 

(4) For the purposes of the inquiry aforesaid the Assistant Records Officer shall have  power to summon and enforce the attendance of mossies and compel production of  documents by thesame means and in the same manner asia provided in the case of a court  under the Code of Civil Procedure, 1908 (Central Act V of 1908). 

(5) After the inquiry has been completed the Assistant Records Officer shall pass an  order in writing defining clearly me subject to dispute and recording his decision thereon and  the reasons for such decision. 

141-J Appeal to the Collector -

Appeal shall lie from an order passed by an Assistant  Records Chicer under Section 141-I to the Collector and may be preferred within thirty days  from the date of such order. 

141-K Power to refer to arbitration -

(1) In every cases of disputed boundaries the Assistant  Records Officer authorised to hold the inqui y may, on the written application of the parties,  refer the dispute to one or more arbitrators nominated by the parties respectively, and shall fix  such time, and allow such extension of time, as may seem reasonable for the delivery of  award : 

Provided that it Is appears to the Assistant Records Officer that the State Government  or local authority is interested in any such dispute, he shall refuse to make such reference. (2) To every reference made under sub-section (1) and to every arbitrator nominated  thereunder, the provisions of the Arbitration Act, 1940 (Central Act 10 Of 1940) shall, so far as  may be, apply. 

141-L Documents connected with survey to be sent to officer or authority in charge of  sunny -

(1) After the survey of a bads land or part thereof under survey has been completed,  the offs'car conductress the survey shall send all maps, registers, and other documents  connected with such survey to the officer or authority in charge thereof. 

(2) The fact of receipt of such maps, registers and other document shall be notified by  such officer or authority son the oHs'cs.aI Gazette and any person interested son the survey  may, at any time within two months from the date of such notification inspect such maps,  registers and other documents free of charge. 

(3) If during such par sod any objection to the survey is lodged with the officer or  authority s'ncharge of Burley, such objection shall be decided by such officer as the State Government or, where a local authority is s`ncharge of the survey, such local authority with the  approval of the State Government, may appoint in this behalf. 

(4) After all objectoons lodged under sub-section (3) been decided, the officer or  authority incharge of the sunny shall if necessary, cause the maps, registers and other  doaments connected with the survey to be corrected in accordance with such decision and  shall sub-ml, with his or its recommendation, ail papers to the Government for approval of the  survey. 

(5) If the State Government approves the sunny, such approval shailbe notified In the  official Gazette. 

141-M Maintenance of maps registers -

(1) All maps, registers and other documents  connected with the sunny approved by the State Government under sub section (5) of Section  141-L shall be deposited in the office of the officer or authority in charge of the sunny. 

(2) All such maps, registers and other documents shall be maintained by such officer or  authority in the prescribed manner. 

(3) Such officer or authon‘ly shah cause such maps to be revised, and the entries m  such registers to be corrected, in the prescribed manner and at prescribed intervals, by such  officer as may be appointed in this behalf or with the approval of the State Government: 

Provided that no person shall be required for the purposes of such revision or lion to  give notice to such officer or authority of his acquisition of any interest my land or premises. (4) The officer appointed under sub-section (3) for the purpose of revising any map or  collecting entries in any register shall exercise such power as may be prescribed. 

141-N Survey fees -

(1) The owner of any land or premises which has been surveyed under  this Chapter shall be liable to pay to the officer or authority in charge of the survey, a survey  fee at such rate, in such manner, within such time after the completion of the survey and to  such extent as the State Government may prescribe and any survey fee not so paid shall be  recoverable as an arrear of land revenue. 

Provided that - 

(a) the aggregate amount of the survey fees variable from owners of lands and in the  apadi or part thereof under survey shall not exceed one third of the total cost of the  survey, and 

(b) no survey fee shall be payable - 

(i) by the Government or by a local authority, or 

(ii) in respect of any land or premises in the abadi area or pad thereof under survey  exceeding in area or .value such limits as may be prescribed, or  

(iii) in respect of lands or premises held exclusively for religious worship or  charitable purposes. 

(2) Every owenr of land or premises who has paid the survey fee under this section  shall be entitled to receive free of charge, and every owner of land or premises who is not  liable to ay such survey fee shall be entitled to receive on payment of such charges as may be prescribed, cetified extract fromthe map and a certified extract from the register prepared  unless this Chapter so far as they rebate tosuch land or premises. 

141-O Cost of Survey –

Subject to the preovisions contained in Section 141-N, the cost of  every survey made under this Chapter shall be met :- 

(i) in case a local authority is in charge of such surveys, by such local authority,  and 

(ii) in other cases, by the State Government; 

Provided that in the case covered by clause (i) the State Government may agree –

(a) to pay a portion of such cost out of the Consolidated Fund of the State or

(b) to advance a loan to a local authority for meeting such cost upon such terms andconditions as to rate interest, period of repayment, security and the like, as may be mutually  agreed upon. 

141-P Penalty for failure to comply with requisition in notice –

Whoever fails to comply  with a registration contained in any notice issued under this Chapter and duly served shall be  liable to a fine not exceeding one hundred rupees. 

141-Q Inspection of, and copies of extracord from maps, registers and other documents

 

(1) All maps, reisters and other documents, referred to in sub-section (1) of section 141-M SHALL BE OPEN TO PUBLIC INSPECTION IN SUCH MANNER, WITHIN SUCH HOURS,at 

(2) Certified copiesof, or of extracts from such maps, registeres and documents shall  be granted on payment of such copying fees and in such manner as the State Government  may prescribed. 

141-R Rules –

The State Government may, by notification in the official Gazette make rules  not inconsistent with the provisions of this Chapter – 

(i) for the preparation of maps and registers, the form thereof, and the collection and  record of information in respect of any land or premises within the abadi are under  survey. 

(ii) for the regulation of all proceedings to be taken under this Chapter. 

(iii) for the manner of all inquiries to be made thereunder. 

(iv)for the regulation of all matters which are required to be, or may be prescribed under  this Chapter, and 

(v) generally for the proper performance of all things to be done thereunder and the  carring out of the purposes and provisions thereof. 

141-S Proceedings not to be affected by informality –

No proceding under this chapter  shall be effected by reason of any informality, provided the provisions thereof be in substance  and effect complied with and no proceedings under this Chapter shall be affectedby reason of  the omission to serve and notice required by or under this Chapter to be issued and served.

141-T Presumption as to maps and entries in registers –

All maps and all entries made in  the registers, prepared under this Chapter, shall be presumed to be correct unless the country  is proved: 

Provided that no such map or entry shall affect the right, title or interest of any person to  or in any land or premises or shall preclude him from enforcing such right, title or interest in a  completent court in accordance with law.]