An Act further to amend the Kerala Survey and Boundaries Act, 1961 .
Preamble . - WHEREAS it is expedient further to amend the Kerala Survey and Boundaries Act, 1961 for the purposes hereinafter appearing;
BE it enacted in the Forty-fifth year of the Republic of India as follows: -
1. Short title and commencement. - (1) This Act may be called he Kerala Survey and Boundaries (Amendment) Act, 1994.
(2) It shall come into force at once.
2.Amendment of section 2. - In section 2 of the Kerala Survey and Boundaries Act, 1961 (37 of 1961) (hereinafter referred to as the principal Act), after clause (ii), the following clause shall be inserted, namely. -
"(ii a) 'licensed surveyor' means a person duly licensed by the prescribed officer under section 17B;".
17A. Preparation of survey map and up-dating of land register in notified areas. - (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, with effect from such date as may be notified by the Government and different dates may be notified for different areas, no registered holder of any land in the State shall transfer or otherwise dispose of any land within that notified area without presenting a survey map along with the title deeds for registration prepared in accordance with the provisions of this a section.
(2) In the areas notified under sub-section (1), the survey map to be presented along with a title deed for registration, shall be prepared by an officer authorised by the Government in this behalf or a licensed surveyor and got approved in the manner prescribed.
(3) A fee as prescribed shall be realised for the preparation or approval of survey map under this section.
(4) The land register at the time of preparation of survey map shall be up-dated based on the transfer of ownership of the land at the time of registration.
17B. Licensed Surveyors. - (1) No person other than an officer authorised by the Government in this behalf or a licensed surveyor shall execute any work of preparation of survey map in any notified area for the purpose of registration of title deeds in that area.
(2) The manner of licensing the surveyors, the officer by whom such licenses are to be issued, the qualifications to be possessed by such surveyors and the service charges to be levied by such persons may be such as may be prescribed."
4 . Amendment of section 18. - The existing section 18 of the principal Act shall be renumbered as sub-section (1) of that section, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely: -
"(2) An authorised officer or a licensed Surveyor referred to in section 17A shall have the power to enter upon, examine and measure any lands adjacent to the land respecting which he is required to prepare a survey may, if necessary, for the purpose of preparation of such map by him:
Provided that, he shall give due notice to the owner or occupier of the adjacent land before entering such land."
