puducherry · Act 8 of 1967

THE PUDUCHERRY SURVEY AND BOUNDARIES ACT, 1967

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 40

 
THE PUDUCHERRY SURVEY AND BOUNDARIES 

ACT, 1967 
(No.  8 of 1967) 

 
 

ARRANGEMENT OF SECTIONS 
 

CHAPTER I 
 

PRELIMINARY 
 
 
SECTION  
 
 1.  Short title, extent and commencement.  
 2.  Definitions.  
 3.  Government to appoint survey officers.  
 

 
CHAPTER II 

 
SURVEY OF LANDS 

 
 4.  Government may direct the survey of land or of any boundary of  
  such land.  
 5.  Notification to be published by survey officers.  
 6.  Survey Officer to carry out the survey in the prescribed manner.  
 7.  Cost to be charged to persons interested in the lands surveyed.  
 8.  Power of survey officer to determine and record an undisputed  
  boundary.  
 9.  Power of survey officer to determine and record a disputed  
  boundary.  
 10.  Appeals against orders under section 8 or 9.  
 11.  Completion of demarcation to be notified.  
 12.  Institution of a suit in civil court within three years to establish  
  rights claimed in respect of the boundary of the property surveyed.  
 13.  Registered holders responsible for the maintenance of survey  
  marks.  
 14.  Duties of village officers.  



 41

 
CHAPTER III 

 
LAND RECORDS 

 15.  Preparation of record of rights.    omitted 
 16.  Publication of the record of rights.    omitted  
 17.  Jurisdiction of civil courts to decide disputes.  omitted  
 18.  Correction of bona fide mistake in register.   omitted  
 19.  Register of mutations.      omitted 
 20.  Penalty for neglect to afford information.   omitted  
 21.  Assistance in preparation of maps.    omitted  
 22.  Certified copies.       omitted  
 23.  Maps and other records open to inspection.   omitted  
 

CHAPTER IV 
 

MISCELLANEOUS 

 24.  Power to enter upon, examine and clear obstruction on lands.  
 25.  Power to summon witnesses and require production of  
  documents.  
 26.  Reference to arbitration.  
 27.  Registered holder may recover expenses paid by him from the  
  owner of the land may acquire a charge upon the land to that  
  extent.  
 28.  Power to make rules.  
 29.  Protection of action taken.  
 30.  Power to remove difficulties.  
 31.  Repeal and saving.  

______ 
 
 
 
 
 
 
 
 



 42

 
THE PUDUCHERRY SURVEY AND BOUNDARIES ACT, 1967 

(No.  8 of 1967) 
 

AN ACT 
 

to amend the law relating to survey of land and settlement of boundary  
 disputes in the Union territory of Puducherry.   
 
 BE it enacted by the Legislative Assembly of Puducherry in the Eighteenth 
year of the Republic of India as follows:- 
 

CHAPTER I 
 

PRELIMINARY 
Short title, extent and commencement 

 
 1.  (1) This Act may be called the Puducherry Survey and Boundaries Act, 
1967.  

  (2) It extends to the whole of the Union territory of Puducherry.  

                    *[(3) It shall come into force on such date as the Government may, by 
notification in the Official Gazette, appoint and different dates may be appointed 
for different areas.  

Definitions  
 
 2. In this Act, unless the context otherwise requires, --  
  (a) ‘Collector’ means any officer appointed by the Government to exercise 
and perform all or any of the powers and functions of a Collector under this Act;  
  (b) ‘Controller’ means an officer of the Contributions Department 
competent to assess all direct and indirect taxes;  
  (c) ‘Government’ means the Administrator appointed by the President 
under article 239 of the Constitution;  
  (d) ‘prescribe’ means prescribed by rules framed under this Act;  
  (e) ‘Registered holder’ of any land means the person in whose name the 
land in question is registered in the Government accounts of the village: 
 
    
 * The Act came into force from 1st March, 1968 vide EG. No.10 dated 17.02.1968.  

- 
   



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 Provided that when any person other than the registered holder is in lawful 
management of land otherwise than as agent or servant of the registered holder or 
as mortgagee or lessee, such person shall be deemed to be the registered holder in 
respect of such land;  

  (f) ‘Registered holder’ in case of joint registration means where the land is 
registered in the names of two or more persons jointly, the person who is 
recognised by the other joint holders as the manager or who, in case of disputes, is 
recognised by the Collector as senior joint holder;  

  (g) ‘Revenue Officer’ means any officer appointed by Government in this 
behalf and includes all officers of the Contributions Department not below the rank 
of Karnam (Surveillant de Domaine);  

  (h) ‘Survey’ includes all operations incidental to the determination, 
measurement and record of a boundary or boundaries, or any part of a boundary 
and includes a resurvey; 

  (i) ‘Survey mark’ means any mark or object erected, made, employed or 
specified by a survey officer to indicate or determine or assist in determining the 
position or level of any point or points;  

  (j) ‘Survey Officer’ means any person appointed to be a survey officer 
under section 3;  

  (k) ‘Union territory’ means the Union territory of Puducherry;  

  (l) ‘Village Headman’ and ‘Village Accountant’ include “Agent de 
Recettes” and “Surveillant de Domaine”.  

 

Government to appoint survey officers 
 
 3. (1) The Government may, by notification in the Official Gazette, appoint 
any person either by name or by virtue of his office to be a survey officer for all or 
any of the purposes of this act.  

  (2) Subject to the control of the Government and of any officer or authority 
appointed by it in this behalf, every person so appointed shall exercise and perform 
the powers and duties of a survey officer within such local limits and for such 
periods of time as the Government may direct.  

  (3) The Government may delegate its powers under sub-sections (1) and (2) 
to such officer or authority as it thinks fit.  
 



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CHAPTER II  
 

SURVEY OF LANDS  
 

Government may direct the survey of land or of any 
boundary of such land  

 
 4. The Government or, subject to the control of the Government, any officer or 
authority to whom his power may be delegated by it may, by notification, order a 
survey of any land or of any boundary of such land.  

 

Notification to be published by survey officers 
 
 5.  (1) When any survey is ordered under section 4, the survey officer shall 
publish a notification in the prescribed manner inviting all persons having any 
interest in the land or in the boundaries of which the survey has been ordered to 
attend either in person or by agent at a specified place and time and from time to 
time thereafter when called upon for the purpose of pointing out boundaries and 
supplying information in connection therewith. 

  (2) A notification published under sub-section (1) shall be held to be a valid 
notice to every person having any interest in the land or in the boundaries of which 
the survey has been ordered.  
 

Survey officer to carry out the survey in the prescribed manner  
 
 6. The survey officer shall carry out the survey in the prescribed manner.  
 

Cost to be charged to persons interested in the lands surveyed 
 
 7. (1) The cost, if any, of the labour employed and of the survey marks used in 
any survey notified under section 4 shall be determined or apportioned in the 
prescribed manner among the persons who have any interest in the land or in the 
boundaries of which the survey has been ordered and shall be recoverable from 
such persons as an arrear of land revenue under the law for the time being in force 
in that behalf. Notice of such determination and apportionment shall be given in the 
prescribed manner to the persons aforesaid.    

  (2) Any person affected by a decision under sub-section (1) may appeal to 
the prescribed officer whose decision, with reasons therefor, shall be recorded in 
writing and notice of such decision shall be given in the prescribed manner to the 
parties to the appeal.  



 45

 

  (3) An appeal under sub-section (2) shall be preferred within three months 
from the date of service of notice under sub-section (1), after excluding the time 
taken for obtaining a copy of the decision.  

  (4) Any appeal may be admitted after the period of limitation mentioned in 
sub-section (3) when the appellant satisfies the appellate authority that he had 
sufficient cause for not preferring the appeal within such period.  

  Explanation. --- The fact that notice under sub-section (1) was not served 
personally on the appellant shall be deemed to be good and sufficient cause within 
the meaning of this sub-section.   

  (5) A copy of the order under sub-section (2) shall be furnished to any 
person interested in such order on his application and on payment of the prescribed 
cost.  
 

Power of survey officer to determine and record  
an undisputed boundary  

 
 8. (1) The survey officer shall have power to determine and record as 
undisputed any boundary in respect of which no dispute is brought to his notice.  

  (2) Notice of every decision of the survey officer under sub-section (1) shall 
be given in the prescribed manner to the registered holders of the lands, the 
boundaries of which may be affected by the decision.  
 

Power of survey officer to determine and record  
a disputed boundary  

 
 9. (1) Where a boundary is disputed, the survey officer, after making such 
enquiry as he considers necessary, shall determine the boundary and record it in 
accordance with his decision. The survey officer shall record in writing the reasons 
for his decision. 

  (2) Notice of every decision of the survey officer under sub-section (1) shall 
be given in the prescribed manner to the parties to the dispute and other registered 
holders of the lands, the boundaries of which may be affected by the decision.     

 
 
 
 



 46

 
Appeals against orders under section 8 or 9  

 
 10. (1) Any person affected by a decision under section 8 or 9 may appeal to 
the prescribed authority. The decision of the appellate authority with reasons 
therefor shall be recorded in writing and notice of such decision shall be given in 
the prescribed manner to the parties to the appeal. Any modification of the survey 
officer’s decision, ordered by the appellate authority, shall be noted in the record 
prepared under section 8 or 9, as the case may be.  

  (2) A copy of the order and a copy of the map recording the boundaries as 
determined under section 8, 9 or sub-section (1) of this section shall be furnished to 
any person interested in such order or map, as the case may be, on his application 
and on payment of the prescribed cost.  

  (3) An appeal under sub-section (1) shall be preferred within three months 
from the date of service of notice under section 8 or 9:  

  Provided that in computing the period of limitation the time taken for 
obtaining a copy of the decision and of the map shall be excluded.  

  (4) Any appeal may be admitted after the period of limitation mentioned in 
sub-section (3) when the appellant satisfies the appellate authority that he had 
sufficient cause for not preferring the appeal within such period.  

  Explanation. – The fact that notice under section 8 or 9 was not served 
personally on the appellant shall be deemed to be good and sufficient cause within 
the meaning of this sub-section.     

  (5) No appeal shall be admitted under sub-section (4) after the issue of the 
notification specified in section 11.  
 

Completion of demarcation to be notified  
 
 11. When the survey of any land or boundary which has been notified under 
section 4 has been completed in accordance with the orders passed under section 8, 
9 or 10, the survey officer shall notify the fact in the Official Gazette and a copy of 
such notification shall be pasted in the village chavadi, if any, of the village to 
which the survey relates; unless the survey so notified is modified by a decree of a 
civil court under the provisions of section 12, the record of the survey shall be 
conclusive proof that the boundaries determined and recorded therein have been 
correctly determined and recorded.  
 
 



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Institution of a suit in civil court within three years to establish  

rights claimed in respect of the boundary of the  
property surveyed 

 
 12. (1) Any person aggrieved by the determination of any boundary under 
section 8, 9 or 10 may, subject to the provisions of parts II and III of the Limitation 
Act, 1963 (No. 36 of 1963), institute a suit within three years from the date of the 
notification under section 11 to set aside or modify the said determination and the 
survey shall, if necessary, be altered in accordance with the final decree in the suit 
and the alteration, if any, shall be noted in the record.  

  (2) The plaintiff in such suit shall join as parties to it all persons whom he 
has reason to believe to be interested in the boundary which is the subject of the 
suit.  

Registered holders responsible for the  
maintenance of survey marks 

 
 13. (1) Subject to such conditions as may be prescribed in this behalf, every 
registered holder of land shall be bound to maintain, renew and repair the survey 
marks on or within the boundaries of his holding and in default of his doing so the 
survey officer or the Collector may, at the cost of the Government, maintain, renew 
and repair such survey marks determine and apportion the cost of so doing, and 
recover such cost as an arrear of land revenue. Such cost may include the cost of all 
operations incidental to such renewal or repair but not any charges on account of 
survey officers and supervising establishment.  

  (2) Before a survey officer or Collector maintains, renews or repairs any 
survey marks, he shall serve a notice in writing on the registered holder in the 
prescribed manner giving particulars of the survey marks in respect of which 
default has been committed and calling upon him to maintain, renew or repair the 
same within the time to be specified in such notice which shall be not less than 15 
days from the date of service thereof.  

  (3) If the notice under sub-section (2) cannot be served personally on the 
registered holder, a copy of the same shall be served also on the cultivator or other 
person interested in the land.  
 
 
 
 
 
 
 



 48

 

Duties of village officers 
 
 14. It shall be the duty of every village headman and of every village 
accountant ---  

  (i) to prevent the destruction, injury, removal or alteration of any survey 
mark on or within the limits of his jurisdiction; and  

  (ii) when he becomes aware that any such mark has been destroyed, 
injured, removed or altered, to report the fact to the prescribed officer.   
 

*[CHAPTER III] 
CHAPTER IV 

MISCELLANEOUS  
 

Power to enter upon, examine and clear obstruction on lands  
 
 24. For the purposes of any survey, inquiry or other proceedings under this Act, the 
survey officer or the Collector or any of the subordinates of such officers shall have power 
to enter upon, examine and measure any land under survey, to carry out inspection of 
current land utilisation and crops and to clear by cutting down or removing any trees, 
jungle fences, standing crops or other material obstructions, the boundaries or other lines 
the clearance of which may be necessary for the purposes of the survey.  

Power to summon witnesses and require production  
of documents 

 25. Any survey officer generally or specially authorised in that behalf, or the Collector 
or any officer to whom an appeal is preferred under any of the provisions of this Act, may 
for the purpose of rendering assistance in the survey of any land, summon and enforce the 
attendance of any person who has an interest therein and may for the purposes of any 
survey, inquiry or other proceedings under this Act, summon and enforce the attendance of 
any person for giving evidence and for the production of documents and the procedure 
prescribed in the law relating to civil procedure for the time being in force in that behalf 
shall be followed as far as it can be applicable.  
 

Reference to arbitration  
 26. (1) The Collector or the survey officer may, with the consent of all the parties 
concerned, refer to arbitration any dispute as to a boundary.  
 
 
 

 *Chapter III (sections 15 to 23) deleted by Act 28 of 1970 w.e.f 11.01.1971 vide Notification in Gaz. No.1  
        dated 05.01.1971. 



 49

  (2) The decision of the Collector or the survey officer passed in accordance 
with such award shall be conclusive between the parties to such arbitration and 
those claiming under them.  
 

Registered holder may recover expenses paid by him from  
the owner of the land, may acquire a charge upon the  

land to that extent 
 
 27. (1) In the absence of a contract to the contrary, a registered holder of land 
under survey who incurs any expenses or from whom any expenses are recovered 
under this Act, in respect of such survey, shall, if he be not the owner thereof, 
acquire the charge on such land to the extent of the expenses so incurred or 
recovered from him with interest thereon at the rate of 9 per cent per annum.  

  (2) It shall be lawful for any person claiming an interest in land under 
survey to pay the charges payable under this Act in respect of the survey of such 
land, though he be not the registered holder thereof; and all such sums, if paid by a 
tenant or lessee, may be deducted from any rent then or afterwards due by him in 
respect of such land and if paid by any other person interested or bona fide 
claiming an interest in the land, shall be a charge upon such land. Such sums shall 
bear interest at 9 per cent per annum.  

  (3) Where a person entitled under this section to a charge on land is a co-
owner of such land, such charge shall extend only to so much of the amount 
recovered from or expended or paid by him as is due in respect of the share of the 
other co-owners in such land with interest at the rate aforesaid.  
 

Power to make rules 
 
 28. (1) The Government may make rules for carrying out the purposes of this 
Act.  

  (2) In particular and without prejudice to the generality of the foregoing 
power, such rules may prescribe ---  

 (a)  the unit of survey, the sub-divisions thereof and the description 
of the survey marks; and the maintenance, renewal and repair of such 
marks; 

 (b)  the collection and record of any information in respect of any 
land which has been or is about to be surveyed;  

 



 50

 (c)  the classes of officers to be appointed and the powers to be 
exercised by such officers;  

 (d) the procedure to be followed by these officers in the conduct of 
proceedings;     

 (e)  the publication of all notifications, the form, issue and service of 
all orders, communications and notices to be issued, communicated, 
given or served;  

 (f)  furnishing of survey marks, labour and other matters necessary 
to surveys and the recovery of charges incidental thereto where they are 
recoverable;  

 (g)  the apportionment of all charges, directed to be apportioned by 
this Act and for the determination of the cost of labour employed and of 
the survey marks used in any such survey;  

 (h) the fees payable for processes issued and copies granted;    
 1[ (i) *** *** *** 

     (j)  *** *** *** 

     (k)  *** *** ***] 

 (l)  the manner in which arbitrators are to be appointed and the 
procedure to be followed by them; and  

 (m) any other matter which is to be or may be prescribed.  

  (3) All rules made under this Act shall, as soon as may be after they are 
made, be laid before the Legislative Assembly Puducherry, while it is in session for 
a total period of fourteen days which may be comprised in one session or in two 
successive sessions and if before the expiry of the session in which it is so laid or the 
session immediately following, the Assembly makes any modifications in the rule 
or decides that the rule should not be made, the rule shall thereafter have effect 
only in such modified form or be of no effect, as the case may be, so, however, that 
any such modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule.  
 
 
 
 

 
  1. Omitted by Act 8 of 1978, section 2, w.e.f. 31-5-1978. 

 

 



 51

Protection of action taken  
 
 29. No suit or other legal proceedings shall lie against any person for anything 
which is in good faith done or intended to be done under this Act or any rule made 
thereunder.  
 

 
Power to remove difficulties  

 
 30. If any difficulties arises in giving effect to the provisions of this Act, the 
Government may, by order in the Official Gazette, make such provisions or give 
such directions as appear to it to be necessary for the removal of the difficulty in so 
far as it is not inconsistent with the provisions of this Act.  
 

 

Repeal and saving 
 
 31. All laws in force in the Union territory corresponding to the provisions of 
this Act shall stand repealed as from the commencement of this Act:  

  Provided that anything done or any action taken, including any 
notification, instruction or direction issued under the law so repealed, shall be 
deemed to have been done or taken under the provisions of this Act and shall 
continue to be in force accordingly unless and until superseded by anything done 
or any action taken under this Act.  

 

 

 

______ 
 
 

 
 
 
 
 
 
 
 
 
 



 52

STATEMENT OF OBJECTS AND REASONS FOR ACT NO.8 OF 1967 
 

The survey of Puducherry was done in 1889 and of Karaikal and Mahe in 
1912 and 1929. It has been decided to undertake resurvey of the holdings in the 
Union Territory of Puducherry on the lines of the system obtaining in the State of 
Madras. The present Bill has been drafted on the lines of the Madras Survey and 
Boundaries Act, 1923. The Bill gives effect to the above proposal and also provides 
for preparation of records of tenants and for attaching presumptive evidence value 
to such records.  
 

_______ 
 

STATEMENT OF OBJECTS AND REASONS FOR ACT 28 OF 1970 
 

 Chapter-III of the Puducherry Survey and Boundaries Act, 1967 (Act No.8 of 
1967) contained provisions for the preparation and publication of the Record of 
Rights of land-holders, their tenants and others interested in the lands and 
corrections thereto as a result of claims and objections. The Puducherry Settlement 
Act, 1970 (Act No.28 of 1970) which was passed by the Legislature subsequently 
made similar provisions and also deleted sections 15 to 20 in the said Chapter-III. It 
is necessary to delete clauses (i), (j), and (k) of sub-section (2) of section 28 of the 
Puducherry Survey and Boundaries Act, 1967 which deals with the rule making 
power of the Government in regard to the preparation, publication and correction 
of the Record of Rights. 
 
 The present bill seeks to achieve this objects. 
 

 
_______ 

 
 
 
 
 
 
 
 
 
 
 
 
 
 


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puducherry
Enactment date
1968-03-01
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