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ORDINANCE No. 53 OF 2007

THE KERALA SURVEY AND BOUNDARIES
(AMENDMENT) ORDINANCE, 2007

Promulgated by the Governor of Kerala in the Fifty-eighth Year of the

Republic of India.

AN
ORDINANCE

further to amend the Kerala Survey and Boundaries Act, 1961.

Preamble.-WHEREAS the Kerala Survey and Boundaries (Amendment) Ordinance, 2006 (6 of 2006) was promulgated by the Governor of Kerala on the 6th day of January, 2006;

AND WHEREAS a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 3rd day of February, 2006 and ended on the 21st day of February, 2006 and in its session which commenced on the 14th day of March, 2006 and ended on the 15th day of March, 2006;

AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the Kerala Survey and Boundaries (Amendment) Ordinance, 2006 (26 of 2006) was promulgated by the Governor of Kerala on the 17th day of March, 2006;

AND WHEREAS a Bill to replace Ordinance No.26 of 2006 by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 24th day of May, 2006 and ended on the 30th day of June, 2006;

AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Kerala Survey and Boundaries (Amendment) Ordinance, 2006, (39 of 2006) was promulgated by the Governor of Kerala on the 5th day of July, 2006;

AND WHEREAS a Bill to replace Ordinance No. 39 of 2006 by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 18th day of September, 2006 and ended on the 26th day of October, 2006;

AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Kerala Survey and Boundaries (Amendment) Ordinance, 2006, (49 of 2006) was promulgated by the Governor of Kerala on the 30th day of October, 2006;

AND WHEREAS a Bill to replace the Ordinance No. 49 of 2006 by an Act of the State Legislature could not be introduced in, and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 27th day of December, 2006 and ended on the 29th day of December, 2006;

AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Kerala Survey and Boundaries (Amendment) Ordinance, 2007 (12 of 2007) was promulgated by the Governor of Kerala on the 4th day of February, 2007;

AND WHEREAS a Bill to replace the Ordinance No. 12 of 2007 by an Act of the State Legislature could not be introduced in, and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 2nd day of March, 2007 and ended on the 29th day of March, 2007;

AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Kerala Survey and Boundaries (Amendment) Ordinance, 2007 (37 of 2007) was promulgated by the Governor of Kerala on the 30th day of March, 2007;

AND WHEREAS a Bill to replace the Ordinance No. 37 of 2007 by an Act of the State Legislature could not be introduced in, and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 19th day of June, 2007 and ended on the 26th day of July, 2007;

AND WHEREAS under sub-clause (a) of clause (2) of article 213 of the Constitution of India, the said Ordinance will cease to operate on the 31st day of July, 2007;

AND WHEREAS, it is necessary to provide legal validity to conduct aerial survey utilising the service of expert agencies and for reducing the appeal period under section 12 of the Act;

AND WHEREAS difficulties will arise if the provisions of the said Ordinance with the above said amendment are not kept alive;

           AND WHEREAS the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

            NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-
              1. Short title and commencement.- (1) This Ordinance may be called the Kerala Survey and Boundaries (Amendment) Ordinance, 2007.
                      (2) Sections 3 and 4 of this Ordinance shall come into force at once and the remaining sections shall be deemed to have come into force on the 6th day of January, 2006.

2. Act 37 of 1961 to be temporarily amended.- During the period of operation of this Ordinance, the Kerala Survey and Boundaries Act, 1961 (37 of 1961) (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3, 4,5,6 and 7.

3.Amendment of section 8.-In section 8 of the principal Act, the following proviso shall be inserted, namely:-

“Provided that for the purpose of speedy survey of vast area of land, the Government may by notification in the official Gazette, authorize the concerned survey officer to conduct the survey through aerial survey, utilizing the services of such expert agencies, as may be specified by the Government in the said notification.”

5. Amendment of section 13.- In section 13 of the principal Act, for the words "is modified by a decree of civil court" the words " is modified by an order of the Collector under section 13A or is modified by a decree of a civil court" shall be substituted.

6. Insertion of new section 13A.- After section 13 of the principal Act, the following section shall be inserted, namely:-

"13A. Power of revision by the Collector.- (1) Notwithstanding anything contained in section 13, the Collector may either suo motu or on an application from any person, examine the record in respect of the determination of any boundary which has been completed and the fact of such completion has been notified under section 13, to satisfy himself as to the legality of the determination of such boundary, and if, in any case, the Collector is satisfied that the determination of such boundary should be modified or revised, on the ground of any discrepancy, inaccuracy, defect or mistake of any kind crept in such determination, he may pass orders accordingly:

Provided that the Collector shall not pass any order affecting any party unless such party has had an opportunity of making a representation.

(2) Where determination of any boundary is modified or revised by an order under sub-section (1), the Survey Officer shall publish the fact of such modification or revision, as the case may be, in the Gazette and also in the notice board of the Village Office to which the survey relates.".

7. Amendment of section 14.- In section 14 of the principal Act, in sub-section (1),-

(1) after the words and figures "or section 11", the word, brackets and figures "or aggrieved by an order passed by the Collector under sub-section (1) of section 13A" shall be inserted;
(2) after the words and figures "under section 13", the words, brackets and figures "or sub-section (2) of section 13A, as the case may be", shall be inserted.

6. Repeal and Saving.- (1) The Kerala Survey and Boundaries (Amendment) Ordinance, 2007 (37 of 2007) is hereby repealed.

(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Ordinance.

R. L. BHATIA
GOVERNOR