The Survey Act, 1875

( ACT NO. V Of 1875 )

1An Act to provide for the survey and demarcation of land.
  Preamble
 
WHEREAS it is expedient, with a view to the definition and identification of lands, [the determination of the extent of erosion along the banks of rivers or the extent of accretion, reformation or new formation due to fluvial action of any river,] the better security of landed property and the prevention of encroachments and disputes, to provide for the survey of lands and for the establishment and maintenance of marks to distinguish boundaries; It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title [Repealed]

Local extent

2. Interpretation-clause

3. Government may order survey

4. Government may appoint Superintendent of Survey

5. Collector to publish proclamation before entering on lands

6. Collector may enter upon land

7. Collector may serve special notice

8. Collector to pay price of materials or labour supplied

9. Collector may require occupants to clear boundary lines

10. Compensation

11. Amin or survey-officer to call upon persons to sign maps or papers

Statement of objections

Effect of signature

12. On receipt of maps, Collector to post notification in office

Collector when to issue special notice

If agent deposits expenses of making copies, Collector to order them to be prepared

Procedure when objection is stated

13. Person making subsequent objection may be required to deposit costs of further inquiry

13A. Government may order survey to determine the extent of erosion, accretion and new formation

13B. Collector to publish proclamation before entering on lands

13C. Entering upon lands, etc.

13D. Drawing of diluvion line on the latest survey maps, etc.

13E. On receipt of maps or traverse sheets, Collector to invite objections

14. Collector may erect temporary Boundary-marks

15. Collector may erect permanent boundary-marks

Specification of marks and estimate of cost to be posted

16. Apportionment of expenses

17. Rent-free lands deemed part of tenure

18. Procedure when occupant fails to maintain boundary-mark

19. Zamindar, etc., bound to preserve boundary-marks and give notice to Collector when injured

20. Collector may re-erect injured boundary-marks and recover expenses from zamindars, etc.

21. Collector may cause boundary mark to be erected by occupant of land with his consent

22. Collector to prepare statement of expenses in respect of boundary-marks

23. Contents of statement

24. Collector to apportion cost of erecting marks among estates

25. Notice to be served

26. Collector to make final apportionment

27. Collector may postpone final apportionment

28. Zamindar failing to appear deemed to have waived objections

29. Collector to issue notice specifying amount finally apportioned

Notice shall assign boundary-marks which zamindars are bound to preserve

30. Collector to apportion between zamindar and tenure-holders

No separate notice in respect of apportionment of sum less than two taka

31. Summary apportionment between zamindar and tenure-holders

32. Notice to zamindar when provisional apportionment made summarily

33. Procedure on provisional apportionment

34. Mode of apportionment among tenures

35. Notice of apportionment in respect of tenures

No separate notice to tenure-holder required to pay less than two taka

36. Collector not to issue notices to tenure-holders until zamindars have deposited costs

37. Apportionment between tenure-holder and holder of subordinate tenure

38. Recovery of sum payable to zamindars or tenure-holder

39. Recovery of sums expended by Government

40. Procedure in case of disputes as to boundary

41. Mode of determining boundary

Force of Collector's order

42. Power of Collector to take possession of land in dispute

43. Power to refer to arbitration

44. Relaying boundary previously determined by Court or by revenue-survey

Collector may deviate from boundary if parties agree

45. Power of Collector in case of doubt or dispute as to boundary determined by Court or laid down by survey

46. In certain cases Collector may cause marks to be erected

47. Joint zamindars subject to every liability imposed on single zamindars

48. Service of notice

49. No proceedings under Act affected by mistake or mis- description

50. Power of Collector to enforce attendance of witnesses

51. Daily fine for failure to comply with requisition in notice

52. Penalty for not giving notice of injury to boundary- mark

53. Penalty for removing boundary-marks

54. Collector may award portion of fine to informer

55. Levy of fine

56. When person removing boundary-mark cannot be found, Collector may repair

57. Every amount due deemed a demand

58. Appeal against orders Supervision of proceedings

Government may restrict functions of [Commissioner]

59. Appeal against certain orders of Assistant Superintendent or Deputy Collector

60. Appeal against certain orders of Collector or Superintendent of Survey

61. Orders as to costs on appeal

62. No suit to be brought unless appeal first preferred

63. Power of Government to make rules