Chapter IX BOUNDARIES, BOUNDARY MARKS AND SURVEY MARKS

(1) The boundaries of all villages shall be fixed and demarcated by permanent boundary marks. (2) The Chief Commissioner may, in respect of any village, by notification, order that the boundaries of all survey numbers or plot numbers shall also be fixed and demarcated by boundary marks and where such boundaries have been fixed and demarcated by boundary marks it shall be lawful for the Chief Commissioner to assess all charges incurred thereby on the holders of the survey numbers or plot numbers, as the case may be, or other having an interest therein. (3) Such boundary marks shall, subject to the provision hereinafter contained, be such specification and shall be constructed and maintained in such manner as may be prescribed (4) Every holder of land shall be responsible for the maintenance and repair of the permanent boundary and survey marks erected thereon.

All disputes regarding boundaries of village, and boundaries of survey numbers and plot numbers where such boundaries have been fixed under the provisions of section 96, shall be decided by the Deputy Commissioner after local inquiry at which all persons interested shall have an opportunity of appearing and producing evidence

(1) When a boundary has been fixed under the provisions of section 96 the Tehsildar may summarily eject any person who is wrongfully in possession of any land which has been found not to pertain to his holding or to the holding of any person through or under whom he claims. (2) Where any person has been ejected from any land under the provisions of sub-section(1), he may, within a period of one year from the date of ejectment institute a civil suit to establish title thereto: Provided that the Tehsildar or any other revenue officer shall not be made a party to such suit. (3) The Tehsildar may at any time after the passing of decree in the civil suit, if any, make any order for redistribution of land revenue which, in his opinion should be made as a result of the decree and such redistribution shall take effect from the beginning of the revenue year following the date of the order.

(1) Every holder of land adjoining a village road, village waste or land reserved for community purposes, shall at his own cost and in the prescribed manner- (a) demarcate the boundary between his land and the village road, village waste or land reserved for community purposes adjoining it by boundary marks, and (b) repair and renew such boundary marks from time to time. (2) If the holder fails to demarcate the boundary or to repair or renew the boundary marks as required by sub-section (1), the Tehsildar may, after such notice as he deems fit, cause the boundary to be demarcated, or the boundary marks to be repaired or renewed and may recover from the holder the cost incurred thereby. (3) In the event of any dispute regarding the demarcation of the boundary or the maintenance of the boundary marks in proper state or repair, the matter shall be decided by the Deputy Commissioner whose decision thereon shall be final. Explanation- For the purposes of this section “village road” means a road which bears an indicative survey number or plot number.

(1) After the end of November in each year, the patwari of the village shall give written notice to every holder on whose land the boundary or survey marks are defective calling upon him to put them into proper repair before the first day of March next following. (2) After the first day of March in any year, the Tehsildar or any other revenue officer specially empowered in this behalf by the Chief Commissioner may cause any defective boundary or survey marks with respect to which a notice has been given under sub-section (1) to be properly repaired and shall recover the cost of such repair from the holder or holders responsible for the maintenance of such boundary or survey marks, together with a penalty which may extend to Rs. 1 for every boundary mark of survey mark so repaired.

Where no order has been made by the Chief Commissioner under sub-section (2) of section 96 the Tehsildar or any other revenue officer specially empowered in this behalf by the Chief Commissioner boundaries of a survey number or of a sub division or of a plot number and construct boundary marks thereon and recover the cost of such demarcation and construction from the applicant.

If any person willfully destroy or injures , or without lawful authority, removes boundary or survey mark lawfully constructed, he may be ordered by the Tehsildar or any other revenue officer specially empowered in this behalf by the Chief Commissioner to pay such fine, not exceeding Rs. 50 for each mark so destroyed, injured or removed, as may in the opinion for each mark so destroyed, injured or removed, as may, in the opinion of the Tehsildar or such other revenue officer, be necessary to defray the expenses of restoring the same and or rewarding the information, if any,

Any person who encroaches upon, or causes any obstruction to the use of a, recognized road, path or common land of village shall be liable, under the written orders of the Tehsildar and standing the facts and circumstances of the case, to a penalty which may extend to Rs. 50.

If the Tehsildar finds that any obstacle impedes the free use of a recognized road, path or common land of a village he may order the person responsible for such obstacle to remove it, and, if such person fails to comply with the order, may cause the obstacle to be removed and may recover from such person the cost of removal thereof.

Any person who encroaches or causes any obstruction under section 103 may be required by the Tehsildar to execute a personal bond for such sum not exceeding five hundred rupees, as he may deem fit, for abstaining from repetition of such act.