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The Bengal Survey Act, 1875

Published in Land Reforms.

THE BENGAL SURVEY ACT, 1875

An Act to provide for the survey and demarcation of land.

PART I.
Preliminary.

1. Short title.
2. Interpretation clause.

PART II.
Of the Survey.

3. State Government may order survey.
4. State 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 III.
Of Boundary-marks.

14. Collector may erect temporary boundary-marks.
15. Collector may erect permanent boundary-marks.
16. Specification of marks and estimate of cost lo be posted.
17. Apportionment of expenses.
18. Rent-free lands deemed part of tenure.
19. Procedure when occupant fails to maintain boundary-mark.
20. Zamindar, etc., bound to preserve boundary-marks and give notice to Collector when injured.
21. Collector may re-erect injured boundary-mark and recover expenses from Zamindar, etc. 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 lo 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 rupees.
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 rupees.
36. Collector not to issue notice to tenure-holders until zamindars have deposited costs.
37. Apportiontment between tenure-holder and holder of subordinate tenure.
38. Recovery of sums payable to zamindar 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 or 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 misdescription.
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 or 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 lo be brought unless appeal first preferred.
63. Power of Slate Government to make rules.

Download: Bengal Survey Act, 1875