The Meghalaya Land Survey and Records-Preparation Act, 1980
Chapter III Miscellaneous
Chapter III Miscellaneous
19. Power to exempt from operation of the Act.
The State Government may, by notification, direct that all or any of the provisions of this Act shall not apply to such areas, land or classes of lands as may be specified in the notification.
Chapter III Miscellaneous
20. Service of Notice.
- (1) Every notice under this Act or the Rule made thereunder required to be served on any person may be served-
- (a) by delivering an authenticated copy thereof to the person to whom it is directed, or by delivering such copy at the usual place of abode of such person to some adult member of his family, or, in case it cannot be so served, by posting such a copy upon some conspicuous part of the usual or last known place of abode of person.
- (b) by registered post such persons usual place of abode, or to the place where he may be known to reside; Provide that in case such notice cannot be served in any of the ways hereinbefore mentioned, it shall be served in such way as the Officer issuing the notice may direct.
- (2) In cases where two or more persons are owners, holders or occupiers of any land services of notice under this Section shall be deemed to be good and sufficient service if it is served on any, one of them.
Chapter III Miscellaneous
21. Penalty for not giving notice of injury to bouncing marks.
If any person, being bound by the provisions of sub-section (2) of Section 17 to give notice in respect of any boundary marks having been injured, destroyed or removed, or required repairs, fail to give such notice, he shall on conviction be liable to a fine not exceeding one hundred respect.
Chapter III Miscellaneous
22. Penalty for removing boundary marks.
Any person, wilfully erasing, removing or damaging any boundary mark which has been lawfully erected under this Act shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine not exceeding five hundred rupees or with both.
Chapter III Miscellaneous
23. An appeal , if presented within 30 days from the date of such order or decision shall lie
- (1) An appeal, if presented within 30 days from the date of such order or decision shall lie. to the Director, against any order or decision of the Survey Officer Assistant Survey Officer, a Revenue Enforcement Inspector or an Assistant Revenue Enforcement Inspector, and ii. to the Meghalaya Board of Revenue against any order or decision of the Director.
- (2) In computing the period of 30 days under sub-section (1) , the time required to obtain the certified copy of the order appealed against shall be excluded.
Chapter III Miscellaneous
24. Delegation of powers of the Director.
The Director with the approval of the State Government may delegate all or any of his duties or functions under this Act to any Officer appointed by the Government in this behalf.
Chapter III Miscellaneous
25. Expenses of the persons appearing at the hearings.
All expenses incurred by any person or persons filing an objection, including their witnesses, in attending the hearing before the Director under this Act shall be borne by the persons concerned but persons attending such hearing on a requisition made by the Director or the Government shall paid such expenses as may be prescribed.
Chapter III Miscellaneous
26. Bar of suit in Civil Court.
No suit shall lie in any Civil Court to set aside or modify any order or decision passed or made by the State Government, the Meghalaya Board of Revenue, the Director any Officer under this Act.
Chapter III Miscellaneous
27. Bar of suit in Civil Court.
Except as provided in this Act, any costs, fines, expenses or any amount which is payable under this Act or the Rules made thereunder may be recovered as arrears of land revenue.
Chapter III Miscellaneous
28. Officers to have the powers of a Civil Court in certain matters.
The Director, the Survey Officer, the Revenue Enforcement Inspector and their Assistants shall, for the purposes of survey, demarcation of boundaries, enquiry and disposal of objections and preparation of records under this Act, have the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act 5 of 1908) in respect of the following matters, namely:-
- (a) Summoning the attendance of any person;
- (b) Requiring the production of any document;
- (c) Examination any person on oath.
Chapter III Miscellaneous
29. Bar of suits etc.
No suit, persecution or legal proceedings shall lie against the Government, Director or any other Officer or person for anything done or intended to be done in good faith under the Act and all officers or persons appointed or engaged in the Survey operation and the preparation of records under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Codes.
Chapter III Miscellaneous
29A. Entrustment of powers and functions to District Council.’
1*29A (1) The State Government may, after consultation with a District Council, entrust to it or its officers such powers and functions under this Act as it may by notifications specify.
- (2) The Director shall guide, advise, render technical assistance and, wherever required, make available the service of departmental officers and staff to a District Council for carrying out the functions so entrusted to it.
- (3) The services of the Departmental officers and staff working with the District Councils as referred to in sub-section (2) shall for all purposes be deemed to have been rendered to the State Government and the officers and staff shall remain under the control of the Department notwithstanding that they render service to the District Council from time to time.
- (4) On being entrusted with powers and functions under sub-section (1), the provisions of sections 26 and 29 of this Act shall also apply to the District Council and its officers for anything done for the purpose of this Act. Explanation District Council under this section and section 30 means and Autonomous District Council constituted under the provisions of the Sixth, Schedule to the Constitution of India.
Chapter III Miscellaneous
30. Power to make rules
- (1) The State Government may, by notification make rules to carry out the purposes of this Act. 1(i) Powers and duties of the Officers under section 4; [*(1A) the extent of the functions of District Council and its officers under Section 29A[
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
- (ii) form of the registers and other documents for the purposes of survey and demarcation of boundaries and the forms of records and the manner of maintaining them ; (iii)the procedure and manner of ascertaining or determining the compensation and the price of materials and labour supplied under Section 7 and payment therefore;
- (iv) the materials and specification of the temporary or permanent boundary marks and the manner of erecting them;
- (v) procedure and fees in appeals ;
- (vi) procedure and manner of collection and recovery of any fines, costs, expenses and other dues;
- (vii) any other matter that may or which is required to be prescribed under this Act.
- (3) All rules made under this Act shall be subject to the condition of previous publication.
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