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THE SURVEY ACT, 1875

(ACT NO. V OF 1875).
  Part No : Chapter No : Section No: [ 6th October, 1875  
  
     1 An 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, 2[ 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
 
PART I
PRELIMINARY
1. Short title [Repealed]
Local extent
2. Interpretation-clause
PART II
OF THE SURVEY
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
PART IIA
OF DETERMINATION OF EROSION, ACCRETION, REFORMATION AND NEW FORMATION
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
PART III
OF BOUNDARY-MARKS
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
PART IV
OF THE APPORTIONMENT AND RECOVERY OF EXPENSES
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
PART V
BOUNDARY DISPUTES
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
PART VI
MISCELLANEOUS
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
 
 

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