Survey ACT

Arrangement of Sections

1. Short title.

PART I

POWERS AND FUNCTIONS OF THE SurveyOR-GENRERAL

2. Powers and functions of the Surveyor-General.

3. Delegation of powers and functions of the Surveyors-General.

4. Surveyors-General's decision on any question relating to land Surveying or mapping to be final.

5. Establishment and maintenance of National Geodetic Control Systems.

6. Aerial photography.

7. Mapping.

8. Data bases.

9. The Land Surveys to conform to the regulations.

10. —

11. General to issue certificate of Accreditation.

12. Registered licensed Surveyor to deposits copies of plans and maps.

13. Admissibility of plans or maps as evidence in civil proceedings.

14. Surveyor-General or any person authorised may demand production of deed.

15. Demand of production of deed document or other instrument to include powers of examination.

16. Surveyor-General may enter into and Survey land.

17. Penalty on abuse of power by Surveyor-General or registered Surveyor.

18. Obstruction of Land Surveys.

19. Interference with Survey marks.

20. —

21. Proof of certain plans signed by the Surveyor-General.

22. Copies purporting to be authenticated by the Surveyor-General admissible in evidence instead of originals.

23. Preparation of cadastral maps or plans and placing of land marks.

24. Regulations.

25. Repeal and savings.

PART II

LAND Survey Council

26. Establishment of the Land Survey Council.

27. Members of the Council.

28. Disqualification from being a member.

29. Removal and resignation of members.

30. Term of office of members.

31. Renunciation or allowance is members.

32. Secretary.

33. Meeting of the Council.

34. Acts not invalidated by reason of a vacancy.

35. Seal of the Council.

36. Delegation of powers and functions of the Council.

37. Functions of the Council.

38. Powers of the Council.

39. Surveyors to register with the Council.

40. Surveyors entitled to be issued with a licence under the Surveyors ordinance deemed to be registered.

41. Annual practicing licence.

42. Register of Surveyor.

43. Copy of the register to be published.

44. Powers of registered Surveyor.

45. Professional misconduct.

46. Charge against registered Surveyor reported to the Council.

47. Disciplinary powers of Council.

48. Right of registered Surveyor involved in proceedings to be heard.

49. Appeals from decisions of Council.

50. Cancellation or suspension or conditions to be entered in register.

51. —

52. Committees.

53. Annual report.

54. Continuing education.

55. Staff of the Council.

56. Fund of the Council.

57. Financial year and audit of accounts.

58. Returns and information.

59. Council deemed to be a scheduled institution within the meaning of the Bribery Act.

60. Members, officers and servants of the Council deemed to be public servants.

61. State property both movable and immovable to be made available to the Council.

62. Acquisition immovable property under the Land Acquisition Act.

63. Protection for action taken under this Act or on the direction of the Council.

64. Offences.

65. Regulations.

66. Interpretation.

67. Sinhala Text to prevail in case of inconsistency.

SCHEDULE

17 of 2002.

AN ACT to provide for the powers and functions of the Surveyor-General; to regulate the carrying out of the land Surveys; to provide for the establishment of a land Survey Council to regulate the professional conduct of Surveyors; to repeal the land Surveys ordinance and the Surveyors; and to provide for matters connected therewith or incidental thereto

[Date of Commencement; 4th October, 2002]

1. Short title.

This Act may be cited as the Survey Act.

PART I

POWERS AND FUNCTIONS OF THE SurveyOR-GENRERAL

2. Powers and functions of the Surveyor-General.

The powers and functions of the Surveyor-General shall include the following, that is—

(a) to regulate all land Survey activities in Sri Lanka;

(b) to establish and administer the National Geodetic control network;

(c) to specify the standards of accuracy for cadastral, geodetic and topographic Surveys;

(d) to set standards for mapping;

(e) to establish and administer a system of accreditation for registered Surveyors seeking to conduct Surveys under the Registration of Title Act, No 21 of 1998 and to maintain a register of the Surveyors issued with certificates of Accreditation;

(f) to establish and make available to all Surveyors base lines for the calibration of Survey lands and elections distance measuring equipment;

(g) to receive approve and maintain cadastral Surveying records so as to facilitate the production of cadastral Survey plans and maps and to server as a comprehensive base for integration of land information;

(h) to produce and maintain records of topographic thematic and special purpose maps;

(i) to be the principal authority responsible for receiving storing and exchanging in any form all data for the purpose of promoting the integration of Surveying and mapping, geographically based information and land related information with land information system requirements;

(j) to provide land Surveying, land information and related services;

(k) to receive, store, reproduce and distribute topographic, cadastral and derived maps, remote sensed data, aerial photographs and other Survey and mapping documents;

(l) to authorise where appropriate the use or reproduction of Survey and land information recorded by the Department and to levy a fee for the use or reproduction of such information;

(m) to co-ordinate where necessary, with foreign agencies for the exchange of Surveying, mapping and land information technology;

(n) to tender advice to any Government Department Public Corporation or other Institution on Surveying mapping and land information activities and related matters and to levy a fee from such corporation or such institution for the advice so rendered;

(o) to conduct such research as may be necessary in respect to matter relating to Surveying;

(p) to issue a certificate authorising any person, to function as a draughtsman where such person is competent to prepare a Survey plan using Surveyor's field notes and to compute the area of a Survey plan for the use of Any registered Survey, after satisfying himself of the competence of such person by conducting examinations;

(q) to ensure the maintenance of high professional standards among persons engaged in land Survey activities in the Department.

3. Delegation of powers and functions of the Surveyors-General.

(1) The Surveyor-General may from time to time, by writing under his hand delegate to any officer of the Department as may be nominated by him any power or f unction conferred on or assigned to him under this Act.

(2) Any officer to whom any power of function has been delegated under subsection (1), shall exercise or discharge that power or function subject to the general or special directions of the Surveyor-General.

4. Surveyors-General's decision on any question relating to land Surveying or mapping to be final.

The decision of the Surveyor-General as to any question relating to land Surveying or mapping shall be final and conclusive.

5. Establishment and maintenance of national Geodetic Control Systems.

(1) The Surveyor-General shall be responsible for the establishment maintenance and upgrading where necessary of the National Geodetic Control System.

(2) The categories of land Surveys which shall be connected to the National Geodetic Control System and the manner in which such Surveys shall be connected, shall be prescribed.

(3) Every land Survey required for the establishment maintenance and improvement of the National Geodetic Control System shall be conducted under the direction and supervision of the Surveyor-General.

(4) The Surveyor-General shall collect and collate Surveys conducted by any registered Surveyor for the purpose of maintaining and upgrading the National Geodetic Control Network where he is of opinion that such Surveys are of significance.

(5) For the purpose of giving effect to the provisions of subsections (4) the Surveyor-General may request any registered Surveyor to furnish him such maps or plans or information in his possession and it shall be the duty of such Surveyor to comply with such request.

6. Aerial photography.

All aerial photography for Surveying and mapping shall be carried out under the direction and supervision of the Surveyor-General.

7. Mapping.

(1) All National topographic mapping in Sri Lanka shall be conducted under the direction and supervision of the Surveyor-General.

(2) The Surveyor-General shall where he considers in appropriate to do so—

(a) prepare and update all general and special purpose maps;

(b) store plans and maps in digital or microfilm or any other media of archival quality.

8. Data bases.

The Surveyor-General shall maintain in digital or any other form a geographic data base and a cadastral data base progressively to cover the entirety of Sri Lanka.

9. The Land Surveys to conform to the regulations.

All land Surveys conducted in accordance with provisions of any written law shall conform to the regulations made under this Act.

10. —

(1) The Surveyor-General shall be responsible for Preparation of cadastral plans and maps the preparation and maintenance of all cadastral maps to cover the entirely of Sri Lanka progressively for the purposes of the Registration of Title Act and for the purposes of any other written law.

(2) A cadastral Survey for the purpose of the Registration of Title Act shall be conducted by a registered Surveyor—

(a) who is employed in the Department or;

(b) who possesses an Annual Practicing Licence issued in terms of section 41,

and who has obtained a Certificate of Accreditation in terms of section 11 The registered Surveyors shall certify all maps and plans prepared by him based on a cadastral Survey conducted for the purpose of this section.

(3) All cadastral maps and plans prepared under subsection (2) shall, be examined by the Surveyor-General or by a registered Surveyor duly authorised in that behalf by the Surveyor-General and where be is satisfied that such maps and plans are in order be approved by the Surveyor-General or by such registered Surveyor, as the case may be.

(4) The provisions of the State Landmarks Ordinance shall mutatis mutandis apply in respect at boundaries Surveyed for the preparation of cadastral maps under the Registration of Title Act.

11. General to issue certificate of Accreditation.

(1) The Surveyor-General shall on being satisfied Surveyor—

(a) that a Survey or has obtained registration with the Land Survey Council; and

(b) by a process of evaluation, as regards the competence of such Surveyors to conduct cadastral Surveys, for the purpose of the Registration of Title Act.

issue to such Surveyor a certificate Accreditation authorising him to carry out cadastral Surveys.

(2) The mode, and manner in which applications shall be made for the issue of a Certificate of Accreditation and the procedure to be followed by the Surveyor-General for the issue of such Certificate shall be as prescribed.

12. Registered licensed Surveyor to deposits copies of plans and maps.

(1) Copies of specific categories of original plans prepared by any registered licensed Surveyor and certified by him shall be deposited with the Surveyor-General or an officer duly authorised by him for such purpose, for the establishment of a database within thirty days of such certification.

(2) The specific categories of plans or maps required to be deposited under subsection (1) and the manner in which such plans or maps are to be deposited shall be as prescribed.

(3) Where a registered licensed Surveyor deposits a plan or map, with the Surveyor-General under subsection (1), which is required for the purpose of preparing a cadastral plan under the Registration of Title Act, such Surveyor shall not be entitled to protection of his work under section 10 of the Code of Intellectual Properly Act, No. 52 of 1979.

13. Admissibility of plans or maps as evidence in civil proceedings.

No plan or map or copy or tracing of a plan or map shall be receivable in evidence in any court in Sri Lanka unless such plan or map has been prepared—

(a) by or on behalf of the Surveyor-General by a registered Surveyor duly authorised by him and certified by the Surveyor-General or by a registered Surveyor duly authorised by him for such purpose; or

(b) and certified by a registered licensed Surveyor.

14. Surveyor-General or any person authorised may demand production of deed.

Is shall be lawful for the Surveyor-General, or for any registered Surveyor authorised in that behalf in writing by him whenever it shall appear to him to be necessary for the purpose of a land Survey to be conducted by him. To demand in writing—

(a) from the person claiming to be the owner of any land or premises or of his agent, the production of every deed, document or other instrument upon which he claims title to such land or premises;

(b) from the occupier of such land or premises the authority upon which he bases his occupation and information about the whereabouts of the owner of such land and premises;

and where such owner or occupier as the case may be, within ten days of such demand—

(i) refuses or fails without cause to produce the deed, document or other instrument upon which he bases his claim to the said land or premises;

(ii) is unable to produce such deed, document or instrument as such deed, document or other instrument is not in his possession and refuses without cause to inform or give information as to the where abouts of the person in whose possession such deed, document or other instrument is, such owner or occupier shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate to a fine not exceeding ten thousand rupees.

15. Demand of production of deed document or other instrument to include powers of examination.

The deed, document or other instrument demanded under section 14 shall be produced on the premises to which such deed, document or instrument may relate or at such other place as the person demanding the same may require and the power of demanding the production thereof, under section 14 shall be deemed to include the power of making such examination of such deed, document or other instrument, as shall be necessary for the purpose of a land Survey and every person refusing or failing without cause to permit such examination of any such deed, document or other instrument to any person referred to in section 14, shall be guilty of an offence under this Act and shall be liable on Conviction after summary trial before a Magistrate to a fine not exceeding ten thousand rupees.

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