THE ANDHRA PRADESH SURVEY AND BOUNDARIES ACT, 1923

Survey And Boundaries Act

THE ANDHRA PRADESH SURVEY AND BOUNDARIES ACT, 1923

(Act No. VIII of 1923)

[29th May, 1923}

STATEMENT OF OBJECTS AND REASONS

"The intention of the Select Committee which sat on the Bill of 1897 which now continues the present Act, was to make the decision of the Survey Officer as to boundaiy conclusive unless it was challenged in a Civil Court. The judgment of High Court is Second Appeal No. 22 of 1915 shows that the Bill as drafted did not cany out this intention. The main object of the present Bill is to restore to the law the meaning which the sections were originally intended to convey. The opportunity has been taken to bring the Act into accord with modern arrangements in some other respects. The majority of the general surveys have been completed and the Act is now largely required in connection with survey of estates or other similar areas, re-surveys, maintenance and the like. For this purpose the clauses have been framed in more general terms so as to cover any such survey. At the same time the special provisions relating to settlement of boundary disputes by Collectors have been merged in the general provisions. Power has also been reserved to the local Government to direct the survey or re-survey or re-survey is found necessary for the better or more convenient assessment or levy of irrigation cess, and to recover a portion of the cost thereof from the proprietors. Such survey would be beneficial like to the Government and the proprietor and it is reasonable that a portion of the cost should be borne by the proprietor. The principle to be followed in the appointment of the cost will be regulated by the rules framed under the Act.

In the same connection, opportunity has been taken to alter the arrangements regarding the calculation and distribution of charges for surveys. The arrangements defined in the Act, under which any particular landholder may supply labour and stones, are not really workable, and therefore it is proposed in future that Government should pay the initial cost of all surveys and recover it. This will not prevent any individual landholder supplying his own stones or labour by arrangement with the Survey Officer.

The other amendments are merely, verbal amendments, rendered necessary to bring the Act up-to-date.

STATEMENT OF OBJECTS AND REASONS TO OLD ACT IV OF 1897

"The previous law relating to demarcation and survey of boundaries and to the settlement of boundary disputes was contained in Act XVIII of 1860 and Madras Act II of 1864, the latter enactment having been formed in order to amplify the provisions of the former in regard to maintenance of boundary marks already erected. The provisions of law contained on provision enabling a Boundary Settlement Officer to summon and enforce the attendance of witnesses or to require the production of documents, and did not require him to record the evidence upon which his decision was based. The Act of 1860 contemplated a rough and ready settlement of boundary disputes, and with a view to expediting

the conduct of survey operations by the Boundary Settlement Officer free to arrive at his decision without any definite method of procedure.

It was desirable to amend this law in many essential respects. The older enactment was devoid of logical arrangement, and while the more recent law, as contained in Madras Act II of 1889, had been practically reproduced in the present Act, the provisions of both had been consolidated and amended, and the law recast in a manner more suited to present requirements. Experience had shown that the then existing provisions in regard to settlement of boundary disputes had been worked badly, and in several cases the Government had been put to considerable loss by the irresponsible and unsatisfactory nature of the original decision. The sections of the earlier Act providing of or a reference to arbitration had been taken away, as it had been found that these provisions were seldom or never used in practice, and a decision of non-official jury or committee is in any case likely to lack promptitude and precision. This act accordingly proposes to submit the decision of all disputes to the Boundary Settlement Officer in the first instance and prescribes the method in which he shall adjudicate thereon; it however, enables him with the consent of the parties to refer to any dispute to arbitration if he considers it desirable to do so under the provisions of the Code of Civil Procedure.

In order to remedy the evils noted above, the bill proposes to enact that the decision of the Boundary Settlement Officer who is to be styled "Survey Officer" shall be arrived at in a judicial manner and power is taken to make rules for the regulation of all proceedings taken by Survey Officers under the Act.

than in the curse of a regular survey has been made final until reserved or modified by means of a regular suit in a Civil Court the provision is in accordance with a ruling then recently promulgated by the High court of Madras to the effect that the decision against which any appeal is allowed in the form of a regular suit is in the original decision of the Survey Officer, had not that of his superior passed in revision.

Under the 'Miscellaneous' chapter of the Act, a section has been inserted to give the Collector or Survey Officer immunity for anything done or omitted in good faith under the Act.

The definition of Survey Officer has since been framed so as to enable the Government to select any person it may think fit for this duty. This power has been taken in view of the fact that doubts have from time to time, been arisen as to whether any officer, such as the manager of estate under the Court of Wards, could legally be appointed as a Survey Officer under the Act. It is deemed advisable to leave the hands of Government entirely unfettered in this respect.

As already stated the provisions relating to the maintenance of boundary marks have been left practically as they stood under Act. II of 1884; the duties of Village Officers in this respect are prescribed in a new section 18 which is modelled on Section 27 of act V of 1880 (the Burma Act). The section relating to the conduct of surveys of Government lands have, however, been slightly amplified in order to meet the difficulty brought to notice by the Superintendent of Revenue Survey in regard to the levy of survey charges from the owners and occupiers of land surveyed. In the survey of a village the labour of the chairman and flagman for Field Surveyors had been supplied by the villagers, while the labour of these individuals when required for Deputy additional item in the cost of survey and in view of the fact that difficulty was experienced in obtaining such

labour free, even when required by Field Surveyors; the existing law had been amended and brought into conformity with the law relating to this subject in the Bombay Presidency (Bombay Act V of 1879, Section 97).

An Act to amend the law relating to survey of lands and settlement of boundary disputes.

This Act was extended to the transferred territories (Telangana Area) by Section 3 of the Andhra Pradesh Survey and Boundaries (Extension and Amendment Act, 1958) (Andhra Pradesh Act XXII of 1958).

The provisions contained in Act XVIII of 1860 prescribing penalties for disobeying summons, for making false statements for erasing altering or injuring boundary marks, and for obstructing operations undertaken under the Act, have been omitted as superfluous.

Preamble:—Whereas it is expedient to consolidate and amend the law relating to survey of lands and settlement of boundary disputes and 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

1. Title:—

(1) This Act may be called '[the Andhra Pradesh Survey and
Boundaries Act, 1923.]

(2) Local extent: It extends to the whole of ²[the State of Andhra
Pradesh.]

2. Repeal:—

The Madras Survey and Boundaries Act, 1897, is hereby repealed.

3. Interpretation Clause:—

In this Act, unless there is something repugnant in subject or context,—

(i) Estate:— 'Estate' means—

(a) any permanently-settled estate whether a Zamindari Jaghir,
mitta or palaiyam;

(b) any portion of such permanently-settled estate which has
been separately registered in the office of the Collector;

(d) any inam village of which the grant was made or has been
confirmed by the ^British Government;

(e) any portion, consisting of one or more villages of any of he
estates specified above in Clauses (a), (b) and (c), which is
held on a permanent under-tenure.

- - -

1. Subs, for the original short title by the Schedule-I to the A.P. Laws (Amendment of
Short Titles) act, 1961 (A.P. Act IX of 1961).

2. Subs, for the words "the State of Andhra" by Sec. 4 of the A.P. Survey and Boundaries
(Extension and Amendment) Act., 1958 (A.P. Act XXII of 1958).

- - -

(iii)

Prescribe:— 'Prescribe' means prescribed by rules framed under this Act.

(iv) Proprietor:— 'Proprietor' means any person in whose name any estate is for the time being registered in the office of the Collector of the district wherein the estate is situated, and, in respect of an estate specified in Clause (e) of sub-section (i), the holder thereof.

(v) Registered-holder:—The 'registered holder' of any Government land means the person in whose name the land in question is registered in the Government accounts of the village; Provided that when any person other than the registered holder is in lawful management of the Government land otherwise than as agents or servant of the registered holder or as mortgagee or lessee, such person shall be deemed to be the registered holder in respect of such Government land.

(vi) 'Proprietor' or Registered holder' in case of joint registration:— Where an estate or Government land is so registered in the names of two or more persons jointly, the 'proprietor' or 'registered holder', as the case may be, shall, for the purposes of this Act, be the person who is recognised by the other joint holders as the manager of the estate or who, in case of dispute, is recognized by the Collector as senior joint holder.

(vii) Survey:— 'Survey' includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a re-survey, (viii) Survey mark:- - '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.

(ix) Survey officer:— 'Survey officer' means any person appointed to be a survey officer under Section 4.

4. State Government to appoint survey officers:—

(1) Thf State Government may by notification appoint any person
either by name or by virtue of his office to be a survey officer for
all or any of the purposes of this Act.

(2) State Government to prescribe jurisdiction of survey officer:—
Subject to the control of the State Government and of any officer
or authority appointed by it in this behalf every person so
appointed shall exercise 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) State Government may delegate powers of control:— The State Government may delegate its powers under sub-sections (1) and (2) to such officer or authority as it thinks fit.

CHAPTER II The Survey of Government Lands

5. State Government may direct the survey of Government
land or of any boundary of such land:—

The '[State Government] or, subject to the control of the '[State Government] any officer or authority to whom these powers may be delegated by it may by notification order a survey of any government land or of any boundary of such land or of the boundary forming the common limit of Government land and land that is not Government land.

6. Notification to be published by Survey Officers:—

(1) When any survey is ordered under Section 5, the Survey Officer
shall publish a notification in the prescribed manner inviting all
persons having any interest in the land or in the boundaries of
which the survey has been ordered, to attend either in person or
by agent at a specified place and time and from time to time
thereafter when called upon for the purpose of pointing out
boundaries and supplying information in connection therewith.

(2) Such notification to be*a valid notice to person interested:—
Anotification published under sub-section (1) shall be held to be
a valid notice to every person having any interest in the land or
in the boundaries of which survey has been ordered.

CASE LAW

Section 6(1)- Entries in Town Survey Land Record (TSLR) - Nature and scope of - Survey intended for identification of lands and fixation of boundaries. It is not a record of right - Entries in TSLR, though relevant, not conclusive. TSLR not a sole guiding factor to decide the rights of parties in the land. Hyderabad Potteries Put. Ltd. vs. Collector, Hyderabad District, 2001 (3) ALT'200 = 2001 ALT (Rev.) 235.

7. Survey Officer to carry out the survey in the prescribed
manner:—

The survey officer shall carry out the survey in the prescribed manner.

8. Cost to be charged to persons interested in the lands
surveyed:—

²[(1) The cost, if any, of the labour employed and of the survey marks used in any survey notified under Section 5 shall be determined

- - -

1. The words "Provincial Government" were subs, for the words "Local Government" by
the Adaptation of Laws Order of 1937 and the words "State" was substituted for
"Provincial" by the Adaptation of Laws Order of 1950.

2. Sec. 2 of the A.P. Survey & Boundaries (Amendt.) Act. 1952 (Act X of 1952), Sec.8
was re-numbered as sub-sec. (1) and sub-sees. (2), (3) and (4) were added.

- - -

and apportioned in the prescribed manner among the persons who have any interest in the land or in the boundaries of which the survey has been ordered and shall be recoverable from such persons as an arrear of land revenue. Notice of such determination and apportionment shall be given in the prescribed manner to the persons aforesaid.

(2) Any person affected by a decision under sub-section (1) may
appeal to the prescribed officer whose decision, with reasons
therefore, shall be recorded in writing; and notice of such
decision shall be given in the prescribed manner to the parties
of the appeal.

(3) An appeal under sub-section (2) shall be a preferred within
three months from the date of service of notice under sub
section (1), after excluding the time taken to obtain a copy of the
decision:

Provided that the appellate authority may admit an 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 the period.

Explanation:— The fact that notice under sub-section (1) was not served personally on the appellant shall be deemed to be good and sufficient cause within the meaning of the above proviso.

(4) A copy of the order under sub-section (2) shall be furnished to
any person interested in such order on his application and at his
cost.]

9. Power of survey officer to determine and record an undisputed boundary:—

(1) The survey officer shall have power to determine and record as
undisputed any boundary in respect of which no dispute is
brought to his notice.

(2) Notice to parties to the dispute and to registered holders of
land affected:— Notice of every decision of the survey officer
under Section 19(1) shall be given in the prescribed manner to
the parties to the dispute and other registered holders of the
lands, the boundaries of which may be affected by the decision.

CASE LAW

Sections 9 (2), 11 and 14 - Sectiqa9 (2) mandatory - No-compliance thereof is fatal to the order passed urider-Sec^2.Q). Notification issued under Sec. 13-Not a bar for filing an apeal under Sec. 11 or institote-a suit under Sec. 14. State ofA.P. vs. Thimmappa, 1963 (2) An.WR 42 (NRC).

10. Powers of survey officer to determine and record a dispute boundary:—

(1) When a boundary is disputed, the survey officer, after making such inquiry as he considers necessary, shall determine the

boundary and record it in accordance with his decision. The Survey Officer shall record in writing the reasons for his decision. (2) Notice to parties to the dispute and to registered holders of land affected:— Notice of every decision of the survey office under Section 10(1) shall be given in the prescribed manner to the parties to the dispute and other registered holders of the lands, the boundaries of which may be affected by the decision.

CASE LAW

Appellate authority has power to set aside dismissal order for default of the party before primary authority and to remand the appeal. V.V. Subrahmanyam vs. Asst Director o/Suruey & Land Records, Eluru & others, 1987 (1) ALT 110 (NRC).

11. Appeals against orders under Sections 9 or 10:—

(1) Any person affected by a decision under ^l [Sections 9 or 10] may
appeal to the prescribed officer. The decision of the appellate
authority with reasons therefor shall be recorded in writing and
notice of such decision shall be given in the prescribed manner
to the appeal. Any modification of the survey officer's decision,
ordered by the appellate authority, shall be noted in the record
prepared under Sections 9 or 10 as the case may be.

(2) ²[A copy of the order and a copy of the map of recording the
boundaries as determined under Sections 9, 10 or 11 (1) shall
be furnished to any person interested in such order or map] as
the case may be on his application and at his cost.

12. Period within which appeal should be preferred:—

(a) An appeal under Section 11 shall be preferred within three
months from the date of service of notice under ¹ [Sections 9 or
10], provided 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) Proviso:— No appeal preferred after the expiry of the said period
shall be admitted, provided that the appellate authority may
admit an appeal after the expiry of the said period on his being
satisfid that the appellate had good and sufficient cause for not
preferrin the appeal within such period.

Explanation:—The fact that notice under ^l [Sections 9 or 10] was not served personally on the appellant shall be deemed to be good and sufficient case within the meaning of the above proviso.

- - -

1. Subs, for the words and figures "Sections 8, 9 or 10" by Sec. 3 of the Andhra Pradesh
Survey and Boundaries (Amendment) Act, 1952 (Act X of 1952).

2. These words, figures and brackets "A copy of the order under Sections 10 or 11 (1)
and a copy of the order regarding the Boundaries as determined under Sections 9,
10 or 11 (1) shall be furnished to any person interested in such order" subs. by Sec. 3
of the A.P. Survey and Boundaries (Validation) Act, 1924 lActll of 1925V

- - -

13. Completion of demarcation to be notified:—

When the survey of any land or boundary which has been notified under Section 5 has been completed in accordance with the orders passed under Sections 9, 10 or 11 the survey officer shall notify the fact in the District Gazette and a copy of such notification shall be posted in the village chavadi, if any, of the village to which the survey relates: unless the survey so notified is modified by a decree of a civil court under the provisions of Section^ 14; the record of the survey shall be conclusive proof that the boundaries determined and recorded therein have been correctly determined and recorded;

¹ [Provided that in the case of land or boundary situated in the territories specified in sub-section (1) of Section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), Until a District Gazette is published for the district in the said territories, a notification as required by this Section shall be published in the Andhra Pradesh Gazette in lieu of publication in the District Gazette.]

CASE LAW

Notification issued by the authorities notice under Sec. 9(2) - Question whether said notice was served on the predecessor-in-title of plaintiffs and had become final and therefore plaintiffs could not obtain a decree against the Government as pleaded by defendants. Evidence shows that no notice under,Section 9(2) of the Act has been served on the predecessor in interest of plaintiffs. Provisions of Sections 5, 6, 9, 10, 11 and 14 of the Act considered. Besides, entries inTSLRnot conclusive proof of title. Sogra Begum and another vs. State ofA.P., 2002 (l)^JAn.W.R. 131 (D.B.).

14. Institution of a suit in Civil Corurt within three years to
establish rights claimed in respect of the boundary of the
property surveyed:—

Any person deeming himself aggrieved by the determination of any boundary under Sections 9, 10 or 11 may, subject to the provisions of Part II and III of the Indian Limitation Act, 1908 institute a suit within three years from the date of the notification under Section 13 to set aside or modify the said determination and the survey shall, if necessary, be altered in accordance with the final decree in the suit and the alteration, if any shall be noted in the record.

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.

CASE LAW

Scope - Suit barred under Section 4 - Still suit for determination of title on independent cause of action is maintainable. State ofA.P. vs. K. FakiraBi, 1962 (1) ALT 494 = AIR 1962 A.P. 518.

Suit for declaration of plaintiffs title to a site alleged as encroachment and restraining Municipality from interfering with his possession. Government not a necessary party - Suit is not barred. Municipal Council, Rajahmundry vs. Simhadri Ranganayalailu (Died), 1955 ALT 50 (Civ.).

- - -

1. This proviso was added by Sec. 5 of the A.P. Survey and Boundaries (Extension and Amendment) Act, 1958 (A.P. Act XXII of 1958),

- - -

15. Registered holders responsible for the maintenance of survey
marks:—

(1) Subject to such conditions as may be prescribed in this behalf,
every registered holder of Government land shall be bound to
maintain, renew and repair the survey marks on or within the
boundaries of his holding, and in default of his doing so the
survey marks on or within the boundaries of his holding, and in
default of his doing so the survey officer or the collector may, at
the cost of the State Government maintain, renew and repair
such survey marks, determine and apportion the cost of all
operations incidental to such renewal or repair but not any
charges on account of survey officers and supervising
establishment.

(2) Notice to the registered holder:— Before a survey officer of
Collector maintains renews or repairs any survey marks, he
shall serve a notice in writing on the registered holder in the
prescribed manner giving particulars of the survey marks in
respect of which default has been committed and calling upon
him to maintain, renew or repair the same within a time to be
specified in such notice which shall be not less than 15 days
from the date of service thereof.

(3) Notice to cultivator or other person interested:—If the notice
under sub-clause (2) cannot be served personally on the registered
holder, a copy of the same shall be served also on the cultivator
or other person interested in the land.

16. Duties of village officers:—

It shall be the duty of every village headman and of every village accountant—

(a) to prevent the destruction, injury, removal or alteration of any
survey marks or on 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 III The Survey of Estates

17. State Government may direct the survey of an estate in
certain cases:—

The '[State Government] or subject to the control of the '[State Government] any officer or authority to whom this power maybe delegated by it, may by notification direct the survey of any estate or portion of an estate or of any boundary therein—

---

1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation of Laws Order of 1937 and the words "State" was substituted for "Provincial" by the Adaptation of Laws Order of 1950.

---

(a) on the application in writing of the proprietor of such estate or,
in the case of boundary, or any persons interested therein; or

(b) without such application whenever in the opinion of the Sate
Government such survey is necessary—

(i) for the better or more convenient assessment of levy of irrigation cess;

(ii) for any other reason to be recorded prior to the issue of such

notification;

Provided (1) 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 application by the applicant unless that ^State Government] sees reason to direct the continuance of the survey in virtue of the power conferred on it by Clause (b).

18. Procedure to be observed during survey:—

Except as provided in Sections 19 and 20, the conduct of such survey the proceedings of the survey officer shall as far as may be, be regulated by the procedure laid down in Chapter II with regard to the survey of Government lands, and the provisions contained in that chapter in regard to appeals from the orders of survey officer, the granting of copies thereof and the effect of such orders and of the decisions passed in appeals therefrom and in regard to the right of suit in respect of such orders and decisions shall, as far as may be, apply to all orders passed by a survey officer under this chapter and to the decisions passed in appeal against such order.

19. Cost of survey recoverable from proprietor:—

All costs incurred by the '[State Government] on account of a survey directed under Clause (a) of Section 17 shall be recoverable from the persons who have any interest in the estate, portion of estate, or boundary of which the survey has been ordered as an arrear of land revenue, of the cost of survey directed under Clause (b) (i) and (ii) of Section 17 shall be borne by the State Government unless otherwise provided by any law for the time being in force.

20. State Government may direct apportionment of costs among
lands surveyed:—

(1) On the application of the proprietor of an estate in which any survey has been made, the ^l[State Government] or any officer, or authority to whom this power may be delegated by it, may direct the survey officer to apportion among the holders of the lands or

- - -

1. The words "Provincial Government" were subs, for the words "Local Government" by the Adaptation of Laws Order of 1937 and the words "State" was subs, for "Provincial" by the Adaptation of Laws Order of 1950.

- - -

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 shall be called upon to pay a larger sum on account of such survey than he would be liable to pay if he held his land directly under the Government.

(2) Apportionment how made:—The apportionment under sub
section (1) shall be made in the prescribed manner.

(3) Cost so apportioned recoverable by proprietor from
tenants:—The amount apportioned under this section when it
is due by the tenants of a proprietor shall be recoverable as if it
were an arrear of rent due by a tenant to his landholder.

(4) For the purpose of this Section and Section 21, the expression
tenant shall include the holder of a rent free grant.

21. Consequences ensuing on completion of survey of an estate:—

When an estate or a portion of an estate or a boundary in an estate has been surveyed in pursuance of a notification issued under Section 17, the survey officer shall, report the completion of the survey to the District Collector and to the proprietor, and the following consequences shall thereupon ensue.

(i) Duty of tenants:—Subject to such conditions as maybe prescribed in this behalf, every tenant of the land surveyed, and where there is no tenant, the proprietor, shall be bound to maintain, renew and repair the survey marks on or within the boundaries of his holding, and in default of his doing so the Collector may, after giving notice to the tenant or proprietor as the case may be in the manner provided in sub-sections (2) and (3) of Section 15 at the cost of the '[State Government] maintain, renew and repair such survey marks and recover the cost of so doing Government maintain, 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) Duties of village officers:—It shall be the duty of the headman and of the accountant of every village the whole or a part of which has been surveyed—

(a) to prevent the destruction, injury, removal or alteration of
any survey mark on or within the limits of his village; and

(b) when he becomes aware that any such marks has been
destroyed, injured, removed or altered, to report the fact to
the proprietor of the estate and to the Collector or to such
officer subordinate to the Collector as the District Collector
may, from time to time, direct.

1. The words "Provincial Government" were subs, for the words "Local Government" by the Adaptation of Laws Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation of Laws Order of 1950.

CHAPTER IV Miscellaneous

22. Power to enter upon, examine and clear obstruction on
lands:—

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.

23. Power to summon witnesses and require production of
documents:—

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 his 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 purpose 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.

24. Reference to arbitration:—

(1) The District Collector or the survey officer may with the consent
of all the parties concerned, 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.

25. (i) Proprietor or registered holder may recover expenses paid by him from the owner of the estate or Government land and may acquire a charge upon the land to that extent:— 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 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) Person claiming an interest may pay charges payable by proprietor or registered holder and acquire a charge:— It

shall be lawful for any person claiming an 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 bonafide 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) Extent of such charges:—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.

26. State Government may make rules under the Act:—

(1) The ^State Government] may, after previous publication, make
rules to carry out the purposes 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 of 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 aftd 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 power to be exercised by such officers;

(d) prescribe and regulate the procedure to be followed by those
officers in 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

- - -

1. The words "Provincial Government" were subs, for the words "Local Government" by the Adaptation of Laws Order of 1937 and the word "State" was subs, for "Provincial" by the Adaptation of Laws Order of 1950.

- - -

recovery of charges incidental thereto where they are

recoverable; (gj 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 the Andhra Pradesh Legislative Assembly for a period of not less than two months while that Assembly is in session.

27. Immunity for acts done in good faith or purporting to be so done:—

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