Chapter II Survey, Demarcation and preparation Records

Notwithstanding anything contained in any law for the time being in force, or in any custom or practice, the State Government may, by order published in the Official Gazette direct a survey to be made and conducted of any land, class or classes of land or area, as may be specified in the order, or that the boundaries of all land be demarcated and defined, or that records of all lands and estate so surveyed or to be surveyed, be prepared.

1. (1) For all or any of the purposes of this Act, State Government may appoint one or more Survey Officers, Revenue Enforcement, Inspectors, Assistant Survey Officer, Assistant Revenue Enforcement Inspectors and any other Officers.
2. (2) Subject to the overall control of the State Government, the provisions of this Act ad any rules made thereunder, the Survey Officer and the Revenue Enforcement Inspector shall be under the control and supervision of the Director.
3. (3) Subject to other provisions of this Act, the Survey Officers shall be in-charge of the Survey and demarcation of boundaries and the Revenue Enforcement Inspector shall be in-charge the preparation of records, within their respective jurisdiction. The Officers shall also exercise such other powers and perform such other duties and functions as may be prescribed.
4. (4) Besides performing the duties and exercising the powers specified and conferred by and under this Act and the rules made thereunder, the Survey Officer, the Revenue Enforcement Inspector and their Assistants shall perform such other duties, and exercise such other powers as may be specified or conferred upon them by the Director, by general or special order with approval of the State Government.

1. (1) Before, entering any land for the purpose of Survey, demarcation of boundaries, preparation of records or for any other purpose under this Act, the Director shall cause a proclamation to be published, calling upon the owners, holders or occupiers of the lands which are about to be surveyed, and of the conterminous lands, and all persons employed on or connected with the management of, or otherwise interested un such lands, to attend, either personally or by agent before the Survey Officer and/or the Revenue Enforcement Inspector or their Assistants, or any other officer mentioned n the proclamation at such place and time and on such date as may be specified in the proclamation (which shall not be less than fifteen days from the date of the proclamation) for the purpose of pointing out the boundaries, production of documents if any or evidence in support of their interest and of affording such assistance and information as may be required.
2. (2) The Director may also, by special notice, require any officer of the District Council or local authority, the Syiem, Lyngdoh, Wahadadar, Dolloi, Sirdar, Laskar, Nokma or any other village authority to attend before him or before him or before the Survey Officer, Revenue Enforcement Inspector or their Assistant or any Officer mentioned in the notice at such place and time and on such date (which shall not be less than 7 days from the date of service of the notice) as may be specified in the notice, for affording such information and assistance as may be necessary for the purposes of this Act.
3. (3) The proclamation under this Section shall be published-
   • (a) by serving a copy of the proclamation upon the District Council concerned, the Syiem Lyngdoh, Wahadadar, Dolloi, Laskar, Sirdar, Nokma and other village authority in whose jurisdiction any portion of the land about to be surveyed is situate;
   • (b) by making public announcement in the villages concerned by such village authority as the Director may direct;
   • (c) by publication in the Official Gazette and in al least3 local Newspaper; and
   • (d) by posting a copy thereof. at the Court of Deputy Commissioner and the District Council Court of every District; ii. at the Office of every Sub divisional Officer and Officer-in-charge Administrative Unit ; iii. at every Police Station within the jurisdiction of which any portion of the land about to be surveyed is situate; iv. at the Office of every Block Development Officer within the District where the land about to be surveyed is situate; v. at any conspicuous place near the land to be surveyed, and vi. at such other place or places as the Director may direct.
4. (4) The proclamation and the notice made under this Section shall be in English as well as in Khasi or Garo or in both and in any other languages as the Director may think necessary.
5. (5) The Deputy Commissioner, Sub-divisional Officer and the Officer-in-charge of the administrative Unit concerned shall be furnished with a copy of every proclamation or notice published or issued under this Section.

After the expiry of the period of 15 days from the date of the proclamation made under Section5, the Director, Survey Officer, Revenue Enforcement Inspector or any other Officer duly authorised by the Director may, between the hours or sunrise and sunset, enter upon such lands, and do all things necessary for affecting the survey, demarcation of boundaries and preparation of the records whether any person mentioned in sub-sections (1) and (2) of Section 5 attends or not : Provided that where for any of the purposes of this Act it is necessary to enter upon any other land of which no proclamation has been made under Section 5, such enter shall only be made after a notice of the intention so to entry has been served by the Survey Officer or the Revenue Enforcement Inspector or any Officer authorised by him in this behalf upon the owner, holder or occupier of such land at least 24 hours previously.

1. (1) When any material or labour has been supplied or has to be supplied for any of the purposes mentioned in Section 5, the Director shall forthwith cause the cost of such materials or labour to be paid to the person by whom the same were supplied.
2. (2) The Director shall also pay to every person requisitioned under Section 5 (2) such expenses as may be prescribed.

The Survey Officer, or other officer authorised by him may, by a notice issued for this purpose, require any owner, holder or occupier to clear any boundary or other line as may be necessary for all or any of the purposes of this Act, by cutting down and removing any trees, jungles, fences or standing crops on his land.

If any demand for compensation be made in respect of the clearance of any boundary or line or for any damage caused to the land or standing crops in pursuance of the requisition made under Section 8, or by any other act lawfully done in the course of the survey and demarcation of boundaries or for any other purposes under this Act, the Director or such other officer as may be authorised by him in this behalf, shall ascertain and record the nature and the estimated value of any trees, jungles fences or standing crops which have been cut down or removed and of any other damages caused to the land and shall offer compensation to the persons entitled.

1. (1) The Survey Officer shall prepare or cause to be prepared under his direction maps and such registers and other documents as may be prescribed of all leads which are to be , or have been, surveyed and demarcated under this Act.
2. (2) If at the time of survey, the boundary of any estate or field be undisputed, and its correctness be affirmed by any village authority than present, it may be defined and demarcated as pointed out by the owner holder, occupies or person in occupation of the land.
3. (3) In case of dispute regarding boundary, ownership, possession or other rights in respect of any land, the nature of the dispute and the names of the parties thereof shall be entered in the relevant Registers and other relevant documents.

1. (1) The Revenue Enforcement Inspector shall prepare or cause to be prepared under his direction the records of lands in such form and manner as may be prescribed in respect of all lands and estates which are to be or have been surveyed and demarcated under Section 10.
2. (2) All entries in the records prepared under Section 11 shall be made on the basis of actual possession provided that such possession is not contrary to any law for the time being in force, and every entry made in the records shall, until the contrary is proved, be presumed to be correct.
3. (3) Any dispute with regard to the rights over, title to or interest in the land so surveyed and demarcated under this section shall be referred to the civil court of competent jurisdiction, for decision.

1. (1) As soon as the survey, demarcation of boundaries and preparation of records of any land or estate in any area have been completed, the Survey Officer or the Revenue Enforcement Inspector shall, by a general notice issued under his signature call upon all persons specified in the notice to personally or by agent attend before them within 15 days of the date of the said notice for the purpose of inspecting the maps, records, field books and other relevant registers or documents and every person so called upon shall be allowed to inspect the maps, records and other relevant registers or documents in accordance with such requisition.
2. (2) The notice under sub-section (1) shall specify the names of all persons required to appear and shall be published or served in such manner as the Director may direct.
3. (3) Any person so called upon may file objection in writing as to any entry relating to his lands made or recorded in the maps, records or any other relevant registers to documents within 10 days of his inspection of the maps of records and all such objections shall be attached to the relevant records, and shall be forwarded to the Director together with the maps, records and other relevant registers or documents

1. (1) The Director after receipt of the maps, records and other relevant registers and documents together with objections, if any, forwarded under section 12, shall cause a notice to be published in the manner mentioned under clauses (b) and (c), sub-clauses (i),(ii),(iv) and (vi) of clause (d) of sub-section (3) of section 5 ; for general information that the maps, demarcation of boundaries and records relating to the lands or estates specified in the notice are open to inspection and that any person who may have any objection, may file such objection in writing before the Director after depositing such fee, not exceeding one hundred rupees, as may be prescribed within 30 days of the date of the notice.
2. (2) The Director shall after the expiry of the said period of 30 days, consider all the objections forwarded under section 12 and those received under this section and if he is satisfied- 1. that the objections relate to manifest errors or omissions in the maps as to identification or demarcation of boundaries or any entry in the records or other relevant register or documents, he may, whether after making such inquiry or otherwise as he deems fits order such corrections to be made and the person or persons concerned shall be informed of the corrections so made within 7 days of the date of the order: Provided that no such order shall be made to the prejudice of any person without affording him reasonable opportunity to show cause- 2. that the objections may be settled amicably, he shall try for such settlement and if a settlement is arrived at between the parties, cause necessary corrections to be made, in the maps, registers and other relevant documents.
3. (3) The Director may, for the purpose of disposal of the objections make such inquiry as he may deem fit and direct any person whom he believes has information or document pertaining to the objections to appear at the hearing and to furnish such information or to produce such documents as may be required.
4. (4) The Director shall disposed of all the objections within 90 days from the date of expiry of the notice under sub-section (1) and for the purpose of holding the enquiry may sit at any place within the State.
5. (5) After 90 days from the date of expiry of the notice under sub- section (1) the Director shall forward to the Government the maps, records and other relevant registers or documents with all objections received and orders passed thereon by him.

1. (1) The State Government may after considering the maps, records and other documents forwarded under sub-section 5 of section 13, by Order direct the publication of the maps or records prepared under this Act: Provided that where the Government for reasons to be recorded thereof deem it necessary that any maps, records or document should be corrected or modified it may direct the Director to cause such correction or modification to be made after hearing the objection, if any, in accordance with the provision of Section 13.
2. (2) The State Government may after 45 days of the publication of the maps or records under sub-section (1) confirm such maps or records and every such order of confirmation shall be published in the Official Gazette, upon which and until the contrary is proved such maps or records shall be presumed to be correct.
3. (3) The maps, records and other registers and documents prepared under this Act shall be maintained in such manner and kept in the custody of such officer as may be prescribed.

Every order made under sub-section (2) of section 14 shall be laid before the earlier possible session of the Legislature of the State.

The Director, the Survey Officer or the Revenue Enforcement Inspector may cause to be erected temporary boundary marks in such manner as may be prescribed on any land surveyed or to be surveyed under this Act, and may require any occupant of the land to maintain such marks until the survey operation is concluded or until permanent boundary marks are erected.

1. (1) The Director may at any time cause to be erection on any land which has been surveyed under this Act, permit boundary marks in such manner as may be prescribed in such number as may be prescribed: Provided that, ten days before the erection of any permanent boundary mark, the Director shall, for the information of all concerned, cause to be posted in his office and at such other place of places as the Director may direct, besides causing public announcement in the village concerned by such village authority as the Director may direct a specification of the marks which he proposes to erect on direct any land or estate and as estimate of their cost.
2. (2) Every owner, holder or occupier of the land shall preserve such permanent boundary marks awfully erected on his land and shall give immediate notice to the Director or such other authority as may be prescribed, if such marks are injured, destroyed or removed.

Whenever it shall come to the notice of the Director, the Survey Officer or the Revenge Enforcement Inspector that any temporary or the Revenue Enforcement Inspector that any temporary or permanent mark erected under the provisions of this Act has been injured, destroyed, or removed or requires repairs the Director, the Survey Officer or the Revenue Enforcement Inspector may cause such boundary mark to be re-erected, restored or repaired and the Director may cause to be recovered any expenses incurred in respect of such re-erected, restoration or repairs in such proportions he shall think fir from the owner holder or occupier of the land to whom such boundary marks may have been assigned under the provisions of this Act; Provided that no such expenses shall be recovered unless the Director is satisfied that the owner, holder or occupier has removed, destroyed or injured the said mass wilfully.