Chapter VIIL - Surveys and Boundaries

(1) The Financial Commissioner may make rules as to the manner in which the boundaries of all or any estates in any local area are to be demarcated and as to the survey-marks to be erected within those estates. (2) Rules under this section may prescribe, among other matters form of survey-marks and the material to be used in their construction.

Power of Revenue Officers to define boundaries. (1) A Revenue Officer may, for the purpose of framing any record or making any assessment under this Act or on the application of any person interested, define the limits of any estate, or of any holding, field or other portion of an estate, and may, for the purpose of indicating those limits, require survey-marks to be erected or repaired. (2) In defining the limits of any land under sub-section (1) the Revenue Officer may, cause survey-marks to be erected on any boundary already determined by, or by order of any Court, Revenue Officer or Forest Settlement Officer, or restore any survey-marks already set up by, or by order of any Court or any such Officer.

Power to fix a boundary between riverain estates. (1) When any two or more estates are subject to river action and the limits of any such estates are by any law, custom, decree or order applicable thereto, liable to vary according as variations may from time to time occur in the course or action of such river, the State Government may order a permanent boundary line to be fixed between any such estates or such portion thereof as are liable to river Action. (2) Upon an order being made under sub-section (1), the Collector shall fix a boundary line between such estates or portion of such estates accordingly, and shall demarcate the same, in accordance with the rules (if any) made under section 106 and the provisions of section 107. (3) Every such boundary line shall be fixed with due regard to the history of the estates and the interests of the persons respectively owing them or possessing rights therein, in such manner as may be just and equitable in the circumstances of each case. (4) No such boundary line shall be deemed to have been permanently fixed until it has been approved by the Financial Commissioner.

Effect of fixing a boundary between riverain estates. (1) Every boundary line fixed in accordance with the provisions of section 108 shall, notwithstanding any law or custom, or any decree or order of any court of law, to the contrary, be fixed and constant boundary between the estates affected thereby, and the proprietary and all other rights in every holding, field or other portion of an estate situate on each side of the boundary line so fixed shall, subject to the following proviso, vest in the land-owners of the estate which lies on that side of the boundary line on which such holding, field or other portion of an estate is situate: Provided that, if, by the operation of this section the proprietary or any other rights in any land which at the time a boundary line is fixed is under cultivation, or reasonably fit for cultivation or yields any produce of substantial value would be transferred from the land owners and other right-holders of any one estate to the land-owners of any other estate, the Collector shall, by written order direct the rights in such land shall, subject to the provisions of sections 110 and 111 not be so transferred unless and until the land, in respect of which any such order is made, ceases to be reasonably fit for cultivation, or to yield any produce of substantial value, and upon any such order being made, the transfer of the rights in such land shall be suspended accordingly: Provided further that when any portion of the land specified in any such order ceases to be reasonably fit for cultivation or to yield any produce of substantial value, the order shall when the Collector, in writing so directs, cease to operate as to that portion. (2) The decision of the Collector as to whether for the purposes of the proviso to sub-section (1) of this section, any land is or is not reasonably fit for cultivation or does or does not yield any produce of substantial value shall be final.

Application for immediate transfer of rights reserved under the proviso to sub-section (1) of section 109 upon payment of compensation and procedure thereupon. Award of compensation and extinguishment of rights thereby. (1) When any order has been made under the proviso to sub-section (1) of section 109, the land owners (or any of them) in whom, but for such order, the rights in the land specified therein, would vest, may apply in writing, to the Collector to forthwith transfer the rights, the transfer of which has been suspended by such order, upon payment of compensation for the same. (2) When an application under sub-section (1) is made, the Collector shall- (a) fix a day for the hearing of the application; (b) cause notice of the application and of the day fixed for the hearing thereof, to be served on, or proclaimed for the information of, all persons recorded as having rights in the land specified in the order made under the proviso to sub-section (1) of section 109, and all other persons interested or claiming to be interested therein; (c) upon the day so fixed for hearing, or any day to which the hearing may be adjourned, inquire into the rights in the land and award compensation in respect of all rights, found established therein, to the persons severally entitled thereto; (d) inform the applicant of the aggregate amount of compensation so awarded and require him to deposit the amount with the Collector on or before a day to be fixed by him in that behalf: Provided that, notwithstanding anything in this sub-section contained, it shall be lawful for the Collector, in his discretion and at any time before an award of compensation thereon has been made, to reject any application made under sub-section (1). (3) In awarding compensation under sub-section (2), the Collector shall be guided by the provisions of section 23 and section 24 of the Land Acquisition Act, 1894 (1 of 1894) so far as the same may be applicable to the circumstances of the case. (4) Upon the fifteenth day of May next after the whole amount of compensation so awarded has been deposited with the Collector, the order made under the proviso to sub-section (1) of section 109 shall cease to operate, and the rights specified therein shall be transferred and vest in the manner prescribed in sub-section (1) of section 109, notwithstanding anything in the proviso thereof contained, and the Collector shall proceed to tender the compensation to the persons severally entitled to receive the same under his award. If any such person shall refuse to accept the sum so awarded and tendered to him, it shall be placed to his credit in the public treasury. (5) When any order made under the proviso to sub-section (1) of section 109 shall, under the provisions of sub-section (4) of this section, cease to operate and determine all rights reserved to any person by such order shall be extinguished.

When any person possessing any rights in any land, in regard to the rights in which an order has been made under the proviso to sub-section (1) of section 109, voluntarily transfers such rights to any landowners of the estate, in the landowners of which, but for such order such rights would vest under the operation of sub-section (1) of section 109, the rights so transferred shall forthwith cease to be subject to such order.

In every case in which, by the operation of section 109 or section 110 or section 111, proprietary or other rights in land are transferred from the land-owners and other right-holders of any one estate to the landowners of any other estate, such rights shall be subject to all the incidents of tenure and liabilities which under any law or custom for the time being in force, apply to the rights of the landowners of the estate to which such rights are so transferred.

For the purpose of sections 108,109 and 110, respectively, the expression “Collector” shall be deemed to include any Revenue Officer appointed by the State Government to perform all or any of the functions of a Collector under any of the provisions thereof.

Power of Revenue Officers to enter on land for purpose of survey and demarcation. Any Revenue Officer, and any person acting under the orders of a Revenue Officer, may, in the discharge of any duty under this Act, enter upon and survey land and erect survey-marks thereon and demarcate the boundaries thereof, and do all other acts necessary for the proper performance of that duty.

Surveys for the purpose of preparation of records. (1) When any land is being surveyed in pursuance of rules under section 47, clause (c), any Revenue Officer directing the survey may, by notice or proclamation, require all persons having rights or interests in the land to indicate, within a specified time, by temporary marks of a kind to be described in the notice or proclamation, the limits of those rights or interests. (2) If a person to whom the notice or proclamation is addressed fails to comply with the requisition, he shall be liable at the discretion of the Revenue Officer to fine which may extend to Rs. 50.

(1) For the purposes of the survey of any land in pursuance of rules under section 47, clause (c), the landowners shall be bound to provide fit persons to act as flag-holders and chain-men. (2) If the landowners fail to provide such persons or to provide them in sufficient number, such other person as a Revenue Officer considers necessary may be employed and the cost of employing them recovered from the land-owners as if it were an arrear of land-revenue.

Professional surveys. (1) If it is necessary to make a survey by other agency than that of Revenue Officers or village officers, the State Government may publish a notification stating- (a) the local area to be surveyed and the nature of the survey; (b) the name or official designations of the officers by whom the survey is to be made; and (c) the kind of survey-marks to be erected by those officers. (2) From the date of the notification the officers specified therein, and the persons acting under their orders, shall have for the purposes of the survey the powers conferred on Revenue Officers by section 116.

Penalty for destruction, injury or removal of survey marks. (1) If any person wilfully destroys or damages or removes the survey-mark lawfully erected, he may be ordered by a Revenue Officer to pay such fine not exceeding Rs. 2000/- for each mark so destroyed, damaged or removed and in case of repetition of such an act, a fine not exceeding Rs. 5000/- for each survey-mark, as may, in the opinion of the Revenue Officer, be necessary to defray the expenses of restoring the same and of rewarding the person, if any, who gave information of the destruction, damage or removal. Explanation.- For the purpose of this Act, the expression “survey-mark” shall include boundary mark and boundary pillars fixed, raised or erected while defining the limits of an estate or portion of estate or any holding and any field under section 107 of this Act. (2) The imposition of a fine under this section shall not bar a prosecution under section 434 of the Indian Penal Code (45 of 1860).

Every village officer of an estate shall be legally bound to furnish a Revenue Officer with information respecting the destruction or removal of, or any injury done to any survey-mark lawfully erected in the estate.

Effect of partitions of estates and tenancies on joint liability for revenue and rent. (1) A partition of land, either under this Chapter or otherwise, shall not, without the express consent of the Financial Commissioner, affect the joint liability of the land or of the landowners thereof for the revenue payable in respect of the land, or operate to create a new estate, and, if any conditions are attached to that consent, those conditions shall be binding on the parties to the partition. (2) A partition of a tenancy shall not, without the express consent of the land-lord, affect the joint liability of the co-sharers therein for the payment of the rent thereof.