Chapter IV MISCELLANEOUS

For the purposes of any survey, inquiry or other proceedings under this Act, the survey officer or the District Collector or any of the subordinates of such officers shall have power to enter upon, examine and measure any land under survey and to clear by cutting down or removing any trees, jungle, fences, standing crops or other material obstructions, the boundaries or other lines the clearance of which may be necessary for the purposes of the survey.

Any survey officer generally or specially authorized in that behalf or the District Collector or any officer to whom an appeal is preferred under any of the provisions of this Act may, for the purpose of rendering assistance in the survey of any land, summon and enforce the 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 attendance of any person for giving evidence and for the production of documents; and the procedure prescribed in the Code of Civil Procedure for summoning and enforcing the attendance of witnesses and for the recording of evidence shall be followed as far as it can be made applicable.

(i). In the absence of a contract to the contrary a proprietor or registered holder of any estate or Government land under survey, who incurs any expenses or from whom any expenses are recovered under this Act in respect of such survey, shall, if he be not the owner thereof, acquire a charge on such estate or Government land to the extent of the expenses so incurred or recovered from him with interest thereon at the rate of 9 per cent per annum.

(ii). It shall be lawful for any person claiming and interest in an estate or Government land under survey to pay the charges payable under this Act in respect of the survey of such estate or Government land, though he be not the proprietor or registered holder thereof; and all such sums, if paid by a tenant or lessee, may be deducted from any rent then or afterwards due by him in respect of such estate or Government land and if paid by any other person interested or bona fide claiming an interest in the estate or Government land, shall be a charge upon such estate or Government land. Such sums shall bear interest at 9 per cent per annum.

(iii). Where a person entitled under this section to a charge on an estate or Government land is a co-owner of such estate or Government land, such charge shall extend only to so much of the amount recovered from or expended or paid by him as is due in respect of the share of the other co-owners in such estate or Government land with interest at the rate aforesaid.

(1) The State Government may, after previous publication, make rules to carry out the purpose of the Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may –

(a) Prescribe for different localities the unit or survey, the sub-divisions thereof and the description of the survey marks; and provide for the 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 exercised by such officers;

(d) prescribe and regulate the procedure to be followed by those officers in the conduct of proceedings under this Act;

(e) provide for the publication of all notifications issued under this Act and for the form, issue and service of all orders, communications and notices to be issued, communicated, given or served under this Act;

(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 each of the Houses of the State Legislature for a period of not less than two months while that house is in session.

No suit or other legal proceedings shall lie against any person for anything in good faith done or purporting to be done under this Act.