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CHAPTER-I GENERAL
1. Short title and commencement

These rules may be called the Orissa Survey and Settlement Rules, 1962.

(2)

They shall come into force at once.

2.

Definitions

In these rules unless the context otherwise requires

(a)

"The Act" means the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959)

(b)

"Form" means a form appended to these rules;

(c)

"Section" means a section of the Act.

"Tahasildar" means the Chief Officer-in-charge of revenue administration of a Tahasil and includes an Additional Tahasildar and 1[(d) any other Officer whom the Board of Revenue may appoint to discharge any of the functions of Tahasildar under these rules in any area specified in that behalf.]

All words and expressions used in these rules but not defined therein shall have the same meanings as are respectively assigned (e) to them in the Act.

1.

Substituted by O.G.E No.658/D164-1964- Notification No.23960-5 5/64 R Dt.1.4.1964

3.

Conduct of proceedings under the Act

2[The proceedings conducted by every officer under Act and these Rules shall unless otherwise provided in these Rules be summary and shall be governed so far as may be practicable by the provisions of the Civil Procedure Code, 1908 : Provided that the fine, if any, imposed under the Order XVI, Rules 12 and 17 shall in no case exceed fifty rupees.]

2. Substituted by O.G.E No. 1328D/24.9.1977

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4.

Notice and mode of their service

(1)

All notices required under the Act or these rules be in writing.

Where no other mode of service of notice is prescribed by the Act or by these Rules service shall be effected in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, 1908, if the notice is addressed to only (2) one person. If it is addressed to a number of persons or to persons in general, it shall be served in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, 1908 or by proclamation and beat of drum and by posting it, in the presence of not less than two persons in some conspicuous place in the village.

In the case of an uninhabited village, the service of any general notice shall be by proclamation and beat of drum and by posting (3) it, in the presence of not less than two persons in some conspicuous place in the nearest inhabited village.

CHAPTER-II SURVEY

5.

Submission of application, execution of agreement and deposit of amount towards the expenses of survey

The application under Sub-section (3) of Section 3 shall be made to the Collector of the district, the agreement to be executed under Clause (a) (ii) and the security bond to be given under Clause (b) of Sub-section (3) of the said section shall be expressed to be made by the Governor and executed on his behalf by the Officer authorised in that behalf in accordance with the provisions of Article 299 of the Constitution of India.

6.

Proclamation

(1)

The proclamation under Sub-section (1) of Section 5 shall be in Form No.1.

It shall be addressed to persons in general occupying or owning land under survey shall be published in every village in which such land is situated by beat of drum and by posting a copy of it in the presence of not less than two persons in some conspicuous place in the village and in case of an uninhabited village, the publication of the proclamation shall be made in the aforesaid (2) manner in the nearest inhabited village:

Provided that when the tract under survey is not included in any village, publication of the proclamation shall be made in a neighboring inhabited village.

7.

Local enquiry

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On expiry of thirty days from the date of publication of the proclamation under Rule 6, the Survey Officer or any of his subordinates or any other Officer acting under his authority shall conduct a local enquiry and take such measurements as may be necessary to prepare the map and such other record as may be ordered by the Board of Revenue to form a part of the survey record under Sub-section (1) of Section 6.A.

8.

Survey marks

(1)

Survey marks of the following description shall be set up by the Survey Officer while preparing the draft survey record, namely:

stones or masonry pillars two feet long, cut for a length of six inches at the top into a prism of triangular cross section each side (a) of the triangle being five inches in length at each tri-junction point, that is to say, at each point where boundaries of three or more villages or other units of survey meet; and

stones or masonry pillars, two feet long, cut for a length of six inches at the top into a prism of square cross section each side of the square being five inches in length at each such point as the Survey Officer considers necessary for facilitating demarcation of (b) boundaries or the ground points of aerial survey in future:

Provided that the Board of Revenue may direct that survey marks of any other description may be set up at any of the points mentioned in Clauses (a) and (b) of an inter-State boundary or any tract liable to inundation or tidal action.

The existing survey marks which had been set up under authority of law before the date of coming into force of these rules shall (2.) be deemed to have been set up under these rules.

9.

Attestation of the draft survey record

After completing preparation of the draft survey record, the Survey Officer shall, in the presence of as many of the parties as (1) attended at a place and on a date to be specified in the notice under Sub-rule (2) attest a copy of the map and such other record as rnay have been ordered by the Board of Revenue to form the part of the survey record.

Not less than seven days from before the date of attestation a notice in Form No.2 shall be published in the manner provided in (2) Rule 6.

10.

Appeals

An appeal under Sub-section 3 of Section 6 shall lie to the Chief Survey Officer or any other officer specially empowered by Government in this behalf.

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11.

Publication of the draft survey record and receiving of objections

The Survey Officer shall publish the attested copy of the map and other record, if any, by placing them for public inspection free (1) of charge for a period of 1[Sixty days] at such a convenient place as he may determine.

Not less than seven days from before the date of publication under Sub-rule (1) a notice in Form No.3 shall be published in the (2) manner provided in Rule 6.

Objections, if any to any entry in or omission from the draft survey record shall be made in Form No.4 during the period of publication specified in Sub-rule (1) and shall be received and considered by the Survey Officer in accordance with the (3) provisions of Rule 12 and the objector shall within such time as the Survey Officer may direct, file as many copies of the original objection as may be necessary to be served on every person whose interest may, in the opinion of the Survey Officer, be affected.

1.

Substituted by Orissa Gazette Extraordinary No.94-A/22.1.1965

12.

Disposal of objections

When an objection is received under Sub-rule (3) of Rule 11, notice thereof in Form No.5 along with a copy of the objection shall (1) be served on every person whose interest may, in the opinion of the Survey Officer be affected thereby and all such persons shall be called upon to attend at such time and place as the Survey Officer may fix far the disposal of the objection.

On the date fixed for hearing of the objection or any other date to which the hearing may stand adjourned, the Survey Officer shall after making such enquiries as he considers necessary and after giving the parties present an opportunity of being heard, pass such orders as he deems proper: Provided that if the correctness of any entry in the draft survey record is objected by any party and fresh inspection or (2) measurement is prayed for, the party shall deposit the prescribed fee for such measurement or inspection. If after such measurement or inspection by the Survey Officer or any subordinate deputed by him in that behalf, it shall appear that the original entry is inaccurate and the Survey Officer is satisfied that the said inaccuracy was not due to any omission on the part of the said party in pointing out boundaries, furnishing information or producing records in proper time, he may order the amount deposited or any portion thereof to be refunded to the objector.

13.

Final framing of the survey record

The Survey Officer shall finally frame the survey record in conformity with the draft survey record as corrected in accordance with orders made on objections under Section 6-A and appeals under Section 6-B.

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14.

Final publication of the survey record

A copy of the map and other record, if any, finally framed shall be finally published by the Survey Officer, by placing them for (1) public inspection, free of charge, for a continuous period of seven days at such convenient place as he may determine and the seventh day of such publication shall be deemed to be the date of final publication.

Not less than seven days from before the final publication of the survey record in accordance with Sub-rule (1), the Survey (2) Officer shall issue a notice in Form No.6 to be published in the manner provided in Rule 6.

On the expiry of the period of seven days specified in Sub-rule (1), the Survey Officer shall record a proceeding certifying the final publication of the survey record. The copy of the map and every page of the other record, if any, which are finally published (3) under Sub-rule (1) shall bear a certificate of such publication under, the seal and signature or facsimile signature of the Survey Officer. The map, a copy of which is finally published under Sub-rule (1), shall also bear a certificate of such publication under the signature of the Chief Survey Officer.

(4)

The finally published survey record shall remain in the custody of the Tahasildar

A copy of the survey record as finally published bearing a certificate under the Survey Officer's signature or facsimile signature (5) and seal shall be made over to the Collector.

15.

Repairs to and renewal of survey marks

(1)

A survey mark shall be deemed to require repair when it is-

(i)

out of its correct position; or

(ii)

entirely covered with earth or overgrown with vegetation so as to be invisible or inaccessible for purpose of measurement.

A survey mark shall be deemed to require renewal when it missing or damaged: (2)

Provided that where survey marks have been set up at corners and bends of fields in any previous survey, the repair to and renewal of such survey marks shall not be made.

16.

Liability for renewal or repair shall be joint and several

Every person interested in the land shall take all reasonable care and exercise due diligence in maintaining, renewing and repairing the survey marks on or within the boundaries of his holding and this liability shall be joint and several.

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