They shall extend to the whole of the State of Tamil Nadu including the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.
Rules under clause 1.
1. In the case of an estate surveyed under section 17(a) of the Act, the Board of Revenue may require that the estimated cost of the survey shall be deposited in the District Treasury either in whole or in part, before survey is begun or, from time to time, thereafter.
2. If default is made in the payment of any advance, the survey shall be stopped after three months notice to the proprietor.
Rules under clause 2(a)*
*(Applicable to both Government and Estate lands.)
1. Survey marks shall be of the following descriptions and shall be set up at the point's indicated--
(1) (a) The dolite stone (cadastral surveys)--
Descriptions.--
Stones of durable quality roughly squared of approximate dimensions measuring 3 feet by 9 inches by 9 inches with a plummet hole cut on the top and a broad arrow on one side.
At village tri-junctions and their pointers on the boundaries between villages--
(b) Theodolite stones (Town surveys)--
Description.--
Stones of durable quality roughly squared of approximate dimensions measuring 3 feet by 9 inches by 9 inches or 3 inches by 8 inches by 8 inches with a plummet hole and a broad arrow cut on the top.
N. B. Stones of the larger shall be used for making the stone municipality and of open blocks. The smaller sized stories shall be used.
Points.--
At the places where three or more streets or roads are meet and at important bends on the block boundaries marked in the revenue shall map or other record prepared at the time of survey as stations at which a theodolite has been set up.
(2) Chain survey stones--
Description.--
Stones of durable quality roughly squared of approximate dimensions measuring 1 foot by 6 inches by 6 inches with a St. George's cross on the top and arrow mark on the side.
Points.--
In town surveys at points on the straight lines between two theodolite stations.
(3) Field stones--
Description.--
Stones of durable quality roughly squared approximate dimensions measuring 2 feet by 6 inches by 6 inches with a broad arrow cut on one side.
Points.--
Areas surveyed on the system of simple triangulation or on the town survey system. At the bends and tri-junctions on the boundaries of all survey fields, poramboke sub-divisions and sub-division belonging to or vested in local bodies.
All other cases.--
(i) (a) At the places marked on the village map or other record prepared at the time of survey as stations at which theodolite has been set up with the exception of the points mentioned in sub-clause (a) of clause (1);
(b) at tri-junctions on the boundaries of villages at the bend and tri-junctions of porambokes survey fields and subdivisions, of survey fields and subdivisions belonging to or vested in local bodies, as also a minor circuits, i.e., survey fields which have been surveyed with an angular instrument.
(ii) At the tri-junctions of other survey fields.
(iii) At the ends of G lines which do not coincide with field or junctions or theodolite stations.
Note.--(1) When two porambokes whether whole fields or subdivisions belonging to Government adjoin each other, the bends on the common boundary need not be demarcated with stones, except where the bends are in the boundary of a field survey on the system pimple triangulation.
1(2) Bends on the boundaries of roads, cart-tracks and channel shown as porambokes in the revenue accounts which are 20 links (4 metres) and below in width and which are measured as sub-divisions need not be demarcated with stones.
Exception.--
(i) In the surveys the letter E or Z or any other distinguishing mark other than in a broad arrow) as may be decided upon by the survey consultation with the proprietor may be used.
(ii) Suit special local conditions or requirements, the
(iii) may by special order--the size and description of stones, or Ring the demarcation with stones of all bends on the
2. In addition to the symbols prescribed in rule I, symbols as described below, may, if so directed by the Director of Survey, be cut on the stones below specified--
(1) On a theodolite stone at a village injunction station, a triangle enclosing the plummet hole.
(2) On a theodolite stone at any other point on a village boundary, two parallel lines, one on each side of the plummet hole.
(3) On a field stone on the boundary of minor circuit, on a theodolite station other than a village tri-junction and its pointers and at khandum station, a plummet hole on the top.
(4) On a field stone on the boundary of a subdivision, the letter "S" on the top.
(5) On a field stone at the tri-junction of blocks, a triangle on the top.
(6) On a field stone on the boundary of a village a St. George's Cross on the top.
3. Survey marks which have been planted under proper authority before the issue of the rules shall be deemed to be of the prescribed description.
4. A stone shall be deemed to require repair when it is--
(a) out of its correct position, or
(b) entirely covered with earth or overgrown with vegetation so as to be invisible or inaccessible for purposes of measurement.
5. (1) The cost of renewing missing stone under sections 15 and 21 shall comprises the following items:--
(i) The actual cost at the depot of a stone of the required size description shall be calculated by the Collector from time to time according to contractor's terms and local condition at a uniform rate for villages similarly circumstanced.
(ii) The actual cost, of hired labour.
(2) The cost of repairing a stone under the same sections shall be the actual cost of hired labour.
6. The cost incurred for the renewal or repair of a stone in accordance dance with the preceding rule shall, in the case of Government shall be apportioned in equal proportions among the registered holder of adjacent fields touching it; in the case of estates, it shall be borne equal proportions among the tenants of all adjacent fields touching it and where there is no tenant, it shall be collected from the proprietor. In the case of a stone touching Government lands and estate lands (both cadastrally surveyed) the cost shall be apportioned in equal proportions among the registered holders and tenants of all adjacent lands touching the stone, and where there is no tenant, among the registered holders and the proprietor or proprietors concerned. In all cases, the cost may be recovered as an arrear of land revenue.
7. The report which village headman or village accountant is required to make under section 16 shall be made to the Revenue Inspector in the form of an entry in an inspection register to be submitted periodically to the Revenue Inspector or other Survey Officer empowered in this behalf.
Rules under clause 2(b).
When the survey officer has published, a notification under section 6 (1), or in the case of an estate under section 6(1) read with section 18 in respect of any land or boundaries about to be surveyed, such officer, or any subordinate of such officer not below the grade of field surveyor, may by written notice, call upon any person claiming to by written notice be interested in such land.
(a) to attend either in person or by agent at a specified place and time and from time to time thereafter, in order to point out bound arises and supply information in connection therewith;
(b) to produce before such officer or subordinate for inspected and registry all grants, title deeds and other documents relevant in the opinion, to the survey.
22. The survey officer or the said subordinate of such survey officer may, by written notice, call upon the village officers to produce village records and also to attend during the survey whenever necessary.
33. For the cadastral survey of every village, estate, or other details the following records shall be prepared by the survey completion of the survey of such area is notified under section 13 or, in the case of an estate, under section 13 read with section.
(1) Field register showing the number and area of each subdivision and, as far as ascertainable, the tenure and over land he same.
Record of measurement or field measurement book plotted charge showing the measurements taken for each field and sub plotted to scale showing all survey fields with important details.
Rules under clause 2(c).
Survey officers appointed under section 4(1) of the Act shall each exercise the powers specified in the following schedule:
|
Section of the Act under which powers are given. |
Brief description of powers conferred. |
|
11 |
Class of survey officers empowered--Deputy Directors of Survey, Inspector of Survey, Revenue Divisional Officers, Tashsildars and Deputy Tahsildars in independent charge and the Executive authorities of municipalities. |
|
To hear appeals from orders under sections 8(1), 9(1) and 10(1) passed by officers subordinate to them. |
|
|
Class of survey officers empowered--Assistant Directors of Survey, Sub-Assistant Directors of Survey and head surveyors. |
|
|
6(1) |
To publish notification of commencement of survey. |
|
8 |
To determine the cost of survey marks and labour. |
|
9(1) |
To determine undisputed boundaries. |
|
10(1) |
To enquire into and determine disputed boundaries. |
|
13 |
To notify completion of survey. |
|
|
To receive reports of the destruction, injury, removal or alteration of survey marks. |
|
16(6) |
To summon witnesses and require production of documents. |
|
23 |
Class of survey officers empowered--Assistant Directors of Survey. |
|
23(1) |
To apportion cost of survey. |
|
|
To refer to arbitration. |
|
24 |
Class of survey officers empowered--Tahsildars, Deputy Tahsildars, Revenue Inspectors, District Deputy Surveyors and Town and Union Surveyors. |
|
6(1) |
To publish notification of commencement of survey. |
|
(8) |
To determine and apportion cost of survey marks and labour. |
|
9(1) |
To determine undisputed boundaries. |
|
10(1) |
To enquire into and determine disputed boundaries. |
|
13 |
To notify completion of survey. |
|
15 |
To maintain, renew and repair survey marks and apportion the cost thereof. |
|
15(2) |
To issue notices to registered holders regarding renewal or repair of survey marks. |
|
16(1) |
To receive reports of the destruction, injury, removal or alteration of survey marks. |
|
23 |
To summon witnesses and require production of documents. Class of survey officers empowered--Revenue Divisional Officers. |
|
24 |
To refer to arbitration. |
|
|
To director of survey is empowered to exercise all or any of the powers his subordinate officers empowered in the foregoing schedule. |
Rules under clause 2(d).
The proceedings of all officers authorized to conduct proceedings under section 23 of the Act, shall summary, but shall be governed so far may be practicable, by the following provisions in the schedule of the Civil Procedure Code:
(a) As to the service of summonses--Order V, Rules 9 to 12, 19 to 21 and 23 to 30.
(b) As to summoning parties and witnesses and enforcing the attendance - Order V, Rules 1, 3, 4 and 6; Order IX, Rules 1,3,4 and 6 to 14; Order XVI, Rules 1 to 5 and 7 to 21 and Order XLI, Rules 1 (2), 14, 15, 17, 19 and 21.
(c) As to the hearing and the examination of parties and witnesses Order XVIII, Rules, 1,2, 4, 6, 8 to 12, 15(1) and 16-17 order XXVI, Rules 1 to 3 and Order XLI, Rule 16.
(d) As to the production of documents--Order V, Rule 1, order XI, Rules 12 to 15 and 17 to 21; Order XII, Rule 2; Order XIII Rules 1 to 11 and order XVI, Rule 6:
Provided that--
(1) The power of imposing fine under Order XVI, Rule 16 and 17 shall not be exercised by any officer below the grade of Assistant Director in the Survey Department or of Deputy/Assistant Collector in the Revenue Department.
(2) The amount of fine shall, in no case, exceed fifty rupees.
Rule under clause 2(e).
(1) All notifications under sections 4(1) 5 and 17 of the Act shall be published in the Tamil Nadu Government Gazette and official gazettes of the districts affected by the notification.
(2) The notifications under section 6(1), or in the case of an estate under this section read with section 18, shall in cases where the survey relates to one or more villages, be published in two successive issues of the village sheets of the Official Gazette of the district concerned and shall be affixed to the village chavadi or where there is no chavadi some other conspicuous place in the village.
Where the survey relates to part only of a village, the notice shall contain particulars of the fields to be surveyed and publication in the village chavadi shall be sufficient.
In both cases the fact of such publication shall be announced by beat of tom-tom in the village.
(3) Where any person other than the owner is registered proprietor of an estate or of a portion of an estate under the Limited Proprietors Act, 1911, all communications and decision made under sections 9(2), 10(2), 11(1) and 15(2) real with section 18, to the proprietor of such estate or portion of an estate shall be made or given to the owner as well as to the person registered as limited proprietor of such estate or portion of an estate.
(4) (a) In the case of town surveys the Sub-Assistant Director of survey shall prepare in duplicate a demand notice under section 8 following the fields held by each person concerned and the charges recoverable for the survey thereof and forward it to the Collector who shall cause a copy to be posted in the Municipal Office and send the another copy to the Tahsildar of the taluk for service on the registered holder or other person interested in the fields. Acknowledgments in token of the receipts of the notice which shall be signed and dated shall be obtained by the Tahsildar of the taluk in the book maintained for the purpose.
Note.-- In respect of estate lands in the town no such notice need be given, is the will be included in the survey charges to be borne by Government and the municipality.
(b) in the case of other cadastral surveys in ryotwari areas, the Tahsildar shall prepare in duplicate a demand notice under section 8 showing the fields held by each person concerned according to the latest village accounts and the charges recoverable for the survey thereof and forward it to the village headman who shall post a copy in the village chavadi and leave the other copy with the registered holder or other person interested in the fields. Acknowledgments in token of the receipt of the notice, which shall be signed and dated, shall be obtained by the village headman in a book maintained for the purpose.
(5) The notices issued under section 9(2) shall, except in the case of street surveys and boundary surveys, be in the form of an extract from the field register relating to the holding, shall state the time within which and the officer to whom an appeal may be presented, and shall be companied by a printed form of acknowledgment which shall be signed and dated in token of the receipt of the notice and returned to officer who issued it.
(6) The communications required by sections 10(2) and 11(1) shall be the purport of the decisions passed and those required by the section shall state the time within which and the officer to whom appeal may be presented. Acknowledgments which shall be signed dated in token of receipt of the communications shall be obtained the time of the communication, if the parties concerned are present, otherwise, through the post by sending them registered.
(7) Where an appeal is filed against a decision under section 9(1) notice shall be given by the (appellate authority to all the registered holders, the boundaries of whose holdings may me affected by the proceedings in appeal. In the case of an appeal against a decision under section 10(1), notice shall similarly be given to the other parties to the dispute.
(8) The notices prescribed in section 15(2) shall specify the numbers of the survey fields or subdivisions on or within the boundaries which, the survey marks requiring renewal or repair are situated. Acknowledgments which shall be signed and dated in token of the receipt of the notices shall be obtained in a book maintained for the purpose.
(9) All notices and communications required under the Act shall be in writing.
(10) When the registered holder or other person on whom any notices or communications referred to in the foregoing rules is served is absent service may be effected by delivering the notice communication to some adult male member of his family at his place of abode or to his authorized agent or by affixing it on some in specious part of his last known residence or on some conspicuous part of the land to which the notice or communication relates. When service is effected by so affixing the notice, the serving officer shall the method of service on the printed form of acknowledgment which will be returned to the officer issuing the notice or communication.
Rules under clause 2(f)
The survey marks used and the labour employed under section shall ordinarily be supplied in the first instance at the cost of Government. Where, however, a registered holder of land or his tenant undertakes to supply survey marks arid undertakes labour at his own cost, the survey may grant permission accordingly if he is satisfied that the programme of survey will not be retarded thereby. The survey officer is competent, however, to rescind such permission if he should find time that delay in the landholder's supply of either survey marks or labour has set back progress of operations.
Rules under clause 2(fg)
Cadastral Surveys other than Town Surveys.
1. The total charges advanced under section 8 of the Act for the Government village or part of a Government village shall be apportion on the lands surveyed in proportion to the area thereof as ascertained in the manner explained below:--
(1) The area of fields for which the holders have supplied labour and survey marks shall be deducted from the total area dealt with.
(2) An acre of wet land shall (save in the deltaic tracts in Thanjavur district and the district of Kanyakumari and in the Taluk Shencottah of Tirunelveli district where all classes of lands are survey purpose treated alike) be considered as equivalent to half an acre and of dry, waste or poramboke. All fields of over 50 acres in extent be charged at one-fourth the acreage rate adopted for dry land.
(3) The total charges shall be divided by the conventional area in acres in terms of dry resulting from the operations of sub-rules (1) and (2). The rate of charge per acre of dry, waste or poramboke having been thus determined that for wet shall be computed at half as much again as the dry rate and that for fields of over 50 acres in extent shall be computed at one-fourth of the dry rate. In the districts and tracts expected in sub-rule (2), the rate per acre shall be the same for dry and for wet. The charges shall be recovered from all registered holders at the rates so computed, Government being treated as the registered holder of unoccupied land.
2. The determination of the rates at which the charges have to be levied shall begin as soon as the survey of one or more villages has been completed.
First month.--The charges incurred up to the end of the month shall be averaged over the area surveyed so far and the acreage rate shall be calculated in accordance with the procedure prescribed in rule 1. The demand on the villages the survey of which has been completed shall be arrived at by applying the average rate calculated as above to the area according to the latest revenue a dangals after excluding therefrom the fields for which the holders have supplied stones and labour. The demand together with a list of the excluded fields shall be sent to the revenue department for collection. The remainder of the cost of relating to the surveyed area of incomplete villages shall be carried forward for apportionment in the succeeding month.
Second month.-- The total of the amount left over in the preceding month and of the cost incurred in the month shall be averaged as in first month over the total of the surveyed area left over in the preceding month and of the area surveyed in the month after deducting included fields. At the rate so arrived at the demand for the villages, survey of which has been completed shall be worked out and communicated to the Revenue department as in rule 2, the balance of the surveyed area of incomplete villages and the cost being left over for apportionment in the succeeding month.
The procedure shall be repeated until the survey of the tract is completed. The cost of any further survey necessary for supplying omission or for disposing of objections shall be apportioned and recovered in the above prescribed.
44. In connection with the survey of estates taken over by the government under the Tamil Nadu Estates (Abolition and Conversion of Ryotwari) Act, 1948 (Tamil Nadu Act XXVI of 1948), the following procedure shall be adopted for the determination of the rates at which survey charges had to be levied.
Class (i)--Previously surveyed areas where re-surveys or supplemental surveys are done:--
(a) The working of cost rates shall be taken up as soon as the survey of batch of villages comprising a substantial area is completed and the acreage rate shall be calculated in accordance with the procedure prescribed in rule 1.
(b) The demand on the villages included in the batch taken shall be arrived at as in rule 2 by applying the rate as determined in clausal (a) above to the area and sent to the Revenue Department for collection.
(c) The rate as determined in clause (a) above shall be adopted also for arriving at the demand on all the villages in the taluk survey of which is completed subsequently.
(d) On completion of survey of all the villages in the taluk a supplemental acreage rate shall be worked out similarly, taking into account all the expenditure incurred up to the date of completion.
(e) The additional demand on the villages in the taluk shall be arrived at as in rule 2 by applying the supplemental rate to the area and sent to the Revenue Department for collection.
Class (ii)--Unsurveyed areas where initial survey is done.
Cost rates shall be worked out after completion of all processes of work, i.e., at the time of notification of completion of survey.
55. As soon as each demand is received, the Tahsildar shall workout the demand separately for a each holding and forward the demand notice in duplicate to the village headman for collection.
66. The whole or a specified portion of the cost of survey of an estate or portion of an estate shall on application by the proprietor of the estate be apportioned as may be directed on the following principle by Government or by any officer or authority to whom the power has been delegated by it under section 20(i) of the Act, among the holders of the lands or the persons interested in the boundaries which have surveyed:--
(a) The cost per acre shall be calculated in accordance with the instructions laid down in rule 1 above for Government lands.
(b) The apportionment shall be made only in cases where the proprietor admits in writing that his tenants have occupancy rights.
Town Surveys.
77. The acreage rate for the recovery of the cost of stones and, the labour shall be obtained in the following manner:--
The blocks into which the town has been divided during survey have been classified as close, medium and open according to the number of houses on them.
An acre of close area shall be considered as equivalent to 4 acre of medium and 12 acres of open area.
88. The total charges shall be divided by the conventional area in acres in terms of open area. The acreage rate for open area having been determined, that for medium, area shall computed at three times the rate for open area and that for close area at twelve times.
99. The determination of the rates at which the charges have to be levied shall be made when the mapping of the town has been completed. The demand shall be sent to the Revenue department for collection.
1010. In determining the demand against the municipality, the charges in respect of the lands owned by, vested in, or alienated to the municipality shall be worked out and only two-thirds of the cost recovered from the municipality, the remaining one-third being borne by Government.
Rules under clause 2(h).
Processes issued under the Act shall ordinarily be served by the village establishment and no fees shall be charged for such service. The Director of Survey, may however, sanction the employment of a special establishment for the service of such notices, and in such event the following scales of fees shall be payable for process served by such special establishment, viz.:--
|
|
Amount leviable by survey officer in exercise of. |
|
|
|
Original jurisdiction. |
Appellate jurisdiction. |
|
(1) |
(2) |
(3) |
|
Each summons or notice-- |
Rs. P. |
Rs. P |
|
(a) to a single defendant, witness, respondent; or |
0 50 |
100 |
|
(b) to every additional defendant, respondent or witness residing in the same village, if the processes be applied for at the same time. |
0 25 |
0 50 |
Note.-- For processes applied for and ordered to be served urgently, the fee shall be 1 1/2 times the ordinary fee.
2. Copies of orders passed under sections 9(1), 10(1) and 11(1) of the Act shall be granted to applicants on payment of a fee which will be levied in the form of copy stamp papers. The value of a copy stamp paper is 70 paise and for this, a maximum number of 17: 5 words can, be written on the first page. A maximum number of 240 words can be written on the reverse side of the copy stamp paper on payment of additional fees in form of adhesive court-fee stamps to the value of 75 paise when the number of words written does not exceed 175 and 90 paise when the number of words exceeds 175. Application for copies shall be stamped with court-fee stamps as prescribed in Schedule II of Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955).
The fee for copies of plans, sketches and diagrams shall be fixed at two rupees per sheet of paper of the size used for a page of the Field measurement Books and two rupees for every additional sheet required.
