MADHYA PRADESH BHU-RAJASVA SANHITA (BHU-SARVEKSHAN TATHA BHU-ABHILEKH) NIYAM, 2020

 

PREAMBLE

In exercise of the powers conferred by clause (iv) (iv-a), (iv-b), (v), (v-a), (vi), (vii), (xii), (xiii), (xiv), (xix), (xx), (xxi), (xxii), (xxv), (xxvi), (xxvii), (xxvii-a), (xxviii), (xxviii-a), (xxix) and (lxix)of sub-section (2) of section 258 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) and in supersession of this Department's (i) Notification No. 177-6477-VII-N (Rules), dated the 6th January, 1960; (ii) Notification No. 178-6477-VII-N (Rules), dated the 6th January, 1960; (iii) Notification No. 179-6477-VII-N (Rules), dated the 6th January, 1960; (iv) Notification No. 180-6477-VII-N (Rules), dated the 6th January, 1960; (v) Notification No. 235-IX -62, dated the 24-1-1963; (vi) Notification No. 181-6477-VII-N (Rules), dated the 6th January, 1960 and Notification No. 1564-124/VII-N (Rules), dated the 16th March, 1961; (vii) Notification No. 182-6477-VII-N dated 6th January, 1960; (viii) Notification No. 3284-379 IX 66 dated 25-11-66 as mended by Notification No. 956-3550-IX, dated 16-4-1971, Published in Madhya Pradesh Rajpatra, pt.IV (Ga) dated 7-5-71 p. 169, (ix) Notification No. 436-1479-VIII-62 dated 5th March, 1962 published in Madhya Pradesh 7 Rajpatra dated 30th March, 1962, (x) Notification No. 1978-458-IX-61 dated 29-6-1962; (xi) Rules regarding 'Preparation of Record of Rights' made vide Notification No. 2498-VII-N-dated the 10th June, 1965 published in Rajyapatra dated 2nd July, 1965; (xii) Notification No. 184-6477-VII-N (Rules) dated the 6th January, 1960; (xiii) Notification No. 1586-1682-VIII 69, dated 17-6-1970; (xiv) Notification No. 185-6477-VII-N (Rules) dated the 6th January, 1960 as amended by Notification No. 218-3446-VII-N-1 dated the 20th January, 1966; (xv) Notification No. 186-6477-VII-N-1 (Rules) dated the 6th January, 1960; (xvi) Notification No. 188-6477-VII-N (Rules) dated the 9th January, 1960; and (xvii) The Madhya Pradesh Revenue Records Rules, 1959, the State Government, hereby, makes the following rules, the same having been previously published in the Madhya Pradesh Gazette dated 2nd June, 2020 as required by sub-section (3) of section 258 of the said Code, namely:-

CHAPTER I GENERAL

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Bhu-Rajasva Sanhita (Bhu-Sarvekshan Tatha Bhu-Abhilekh) Niyam, 2020.

(2)     These rules shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

(a)      "approved layout" means the layout approved by a competent authority for approval of layout under land planning law;

(b)      "block number" means the number assigned to a portion of land which is formed into or recognised as a block number under the Code;

(c)      "Code" means the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959);

(d)      "Competent authority for approval of layout" means the authority which is competent to approve layout of land under land planning law;

(e)      "District Survey Officer" includes a Deputy Survey Officer or Assistant Survey Officer who is vested with the powers of District Survey Officer by the State Government under sub-section (2) of section 66;

(f)       "Form" means a forms appended to these rules;

(g)      "land planning law" means-

(i)       the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) and rules made thereunder;

(ii)      the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and rules made thereunder;

(iii)     the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961) and rules made thereunder; and

(iv)    the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994) and rules made thereunder;

(h)     "plot number" means a number assigned to a portion of land formed into or recognised as a plot number under the Code;

(i)       "survey number" means a number assigned to a portion of land formed into or recognised as a survey number under the Code and entered under an indicative number known as the khasra number;

(j)       "Schedule" means a Schedule appended to these rules; and

(k)      "Section" means a section of the Code.

(2)     Words and expressions used in these rules but not defined and have been defined in the Code, shall have the same meaning as respectively assigned to them in the Code.

CHAPTER II LAND RECORDS

Rule - 3. Preparation of Land Records.

(1)     All Land Records specified in section 114 shall be prepared afresh in a land survey:

Provided that Bhu-Adhikar Pustikas shall be prepared after the land records prepared in a land survey are handed over to the Collector under rule 22:

Provided further that a Renumbering Register prepared in a land survey shall be a land record under clause (g) of sub-section (1) or clause (g) of sub-section (2) of section 114.

(2)     The Commissioner Land Records may, from time to time issue directions not inconsistent with the Code or rules made thereunder, for preparation, maintenance and preservation of land records and modification of any entry therein.

(3)     Without prejudice to the generality of provisions of sub-rule (1), whenever the State Government gives direction under sub-section (2) of section 108 for preparing the record of rights, such records of rights shall be prepared by following the procedure prescribed in Chapter III of these rules:

Provided that in such case the extent of land survey under rule 13 shall be limited to the preparation of such records of rights alone.

Rule - 4. Preparation of Subsidiary Field Records.

(1)     Following subsidiary field records shall be prepared for every village and sector-

(a)      Khatawar Khatoni or Jamabandi;

(b)      Village/Sector wise Bhumiswamiwar Khatoni;

(c)      Register of government leases; and

(d)      Register of boundary marks and reference points.

(2)     For the entire State a subsidiary field record called "State wise Bhumiswamiwar Khatoni" shall be prepared.

Rule - 5. Preparation and scale of maps.

(1)     For each village a village map, an abadi map and a block map shall be prepared as provided under sub-section (1) of section 107.

(2)     For each sector, a sector map shall be prepared as provided under sub-section (2) of section 107.

(3)     All maps shall be prepared in electronic form. Land survey shall be carried out in such a manner that it should be possible to prepare all maps up to a scale of 1:500. The maps so prepared shall be kept in the following scales-

(a)      village map in a scale of 1:4000;

(b)      abadi map or block map in a scale of 1:500; and

(c)      sector map in a scale of 1:500.

Rule - 6. Forms of Land Records.

Land Records shall be prepared in the following Forms-

(a)      Khasra (Field Book) of a village or a sector in Form I;

(b)      Masahati Khasra in Form II;

(c)      Record of Rights in Form III;

(d)      Bhu-Adhikar Pustika in Form IV;

(e)      Details of diverted land in Form V;

(f)       Renumbering Register in Form VI; and

(g)      (i) Record of unoccupied land;

(ii) Nistar Patrak;

(iii) Wajib-ul-arz; and

(iv) Record of land set apart for public purposes under Section 233-A;

prescribed for these in the Madhya Pradesh Bhu-Rajasva Sanhita (Dakhalrahit Bhumi, Abadi TathaWajib-ul-arz) Niyam, 2020.

Explanation-Masahati Khasra means Khasra of a village in hilly tract which has not been demarcated and for which no traverse data can be prepared.

Rule - 7. Fee for Bhu-Adhikar Pustika.

Bhu-Adhikar Pustika shall be provided to Bhumiswami on payment of such fee as may be fixed by the State Government from time to time:

Provided that Bhu-Adhikar Pustika prepared for the first time after a land survey shall be given free of cost.

Rule - 8. Forms of subsidiary field records.

The subsidiary field records shall be prepared in following Forms-

(a)      Khatawar Khatoni or Jamabandi in Form VII;

(b)      Village/Sector wise Bhumiswamiwar Khatoni in Form VIII;

(c)      Register of government leases in Form IX;

(d)      Register of boundary marks and reference points in Form X; and

(e)      State-wise Bhumiswamiwar Khatoni in Form XI.

Rule - 9. Validity of old Forms during the transition period.

Land records and subsidiary field records prepared prior to the commencement of these rules shall continue to remain valid till they are replaced by the Forms prescribed in these rules.

CHAPTER III LAND SURVEY

PART A PROCESSES

Rule - 10. Notifications of land survey.

(1)     The Commissioner Land Records shall issue notification of commencement of land survey in a Tahsil or part thereof under section 64 in Form XII which shall be published in the official Gazette.

(2)     The lands notified under sub-rule (1) shall be held to be under land survey from the date of said notification till a subsequent notification declaring the land survey to be closed is issued under rule 28 by the Commissioner Land Records in Form XIII which shall be published in the official Gazette.

Rule - 11. Personnel and agencies for land survey.

(1)     The Commissioner Land Records shall make available to District Survey Officer services of such personnel as he considers necessary to carry out land survey operations. The District Survey Officer may deploy these personnel and such other personnel of Revenue Department posted in the district in such manner as he thinks fit.

(2)     The District Survey Officer may, under the control of Commissioner Land Records, engage one or more agencies to assist in land survey operations.

Rule - 12. Maps and land records to be handed over to land survey personnel.

The Collector shall cause the maps and land records of area under land survey to be handed over to the District Survey Officer, or to the official authorised by him in this behalf.

Rule - 13. Extent of and manner of carrying out land survey.

The District Survey Officer shall carry out survey, re-survey or map correction in the area under land survey to such extent and in such manner as may be directed by the Commissioner Land Records.

Rule - 14. Proclamation of commencement of land survey operations.

(1)     The District Survey Officer shall issue a proclamation of commencement of survey operations in area under land survey for the information of public in Form XIV.

(2)     Such proclamation shall be issued in the manner prescribed in rule 31 of the Madhya Pradesh Bhu-Rajasva Sanhita (Rajasva Nyayalayon Ki Prakriya) Niyam, 2019 and also published in two daily newspapers known to be widely circulated in such area and by such other means as the Commissioner Land Records may direct.

Rule - 15. Measurement books.

(1)     All measurements of land survey operations shall be recorded in such measurement books, in such form and preserved for such period as may be directed by the Commissioner Land Records.

(2)     The original measurements made by the subordinate survey staff shall be checked by the Officer-in-charge of the measuring establishment or such other officer in such manner and to such extent as the District Survey Officer may direct.

Rule - 16. Preparation of draft land records.

The District Survey Officer shall prepare draft land records by using existing land records updated as per measurements and observations made during the land survey:

Provided that if no such land records are available, these shall be prepared on the basis of the measurements and observations made during the land survey.

Rule - 17. Publication of draft land records and invitation of claims and objections.

(1)     The District Survey Officer shall publish draft land records along with a proclamation in Form XV calling upon any person interested to file claims and objections, if any, before him on or before such date as specified in the proclamation which shall not be less than fifteen days from the date of its publication. The proclamation shall be issued in the manner prescribed in rule 31 of the Madhya Pradesh Bhu-Rajasva Sanhita (Rajasva Nyayalayon Ki Prakriya) Niyam, 2019 and also published in two daily news papers known to be widely circulated in the area.

(2)     The District Survey Officer shall issue notice in Form XVI to each Bhumiswami and government lessee whose name appears in the draft record of rights along with extract of the draft record of rights pertaining to his holding or lease, as the case may be, and extract of the relevant maps calling upon him to file claims and objections, if any, before him on or before the last date for filing claims and objections specified in the proclamation.

(3)     The notice under sub-rule (2) shall be served in the manner prescribed for service of summons in Part II of the Madhya Pradesh Bhu-Rajasva Sanhita (Rajasva Nyayalayon Ki Prakriya) Niyam, 2019 and the acknowledgment of service shall be taken in a register maintained in Form XVII. In case of joint holding it will be sufficient to serve notice to one of the holders.

Rule - 18. Hearing of claims and objections.

(1)     Any person who disputes any entry in the draft land records may file his claims and objections in Form XVIII before the District Survey Officer on or before the last date for filing claims and objections specified in the proclamation issued under sub-rule (1) of rule 17. (2) The District Survey Officer shall make such enquiry into the claims and objections made and take such measurements of land as he thinks fit and pass orders on each claim and objection under the relevant provision of the Code:

Provided that no order shall be made against any party without giving him reasonable opportunity of hearing:

Provided further that any claim which amounts to an intimation of acquisition of rights under section 109 or application for partition of holding under section 178 or 178-A shall not be decided in these proceedings but shall be decided under separate proceedings under the relevant provisions of the Code and rules made thereunder.

Rule - 19. Exercise of powers by District Survey Officer etc.

During land survey District Survey Officer, Deputy Survey Officer and Assistant Survey Officer shall exercise powers as per provisions of section 66.

Rule - 20. Preparation, publication and preservation of final land records.

(1)     The District Survey Officer shall, after deciding all claims and objections make necessary changes in the draft land records and prepare final land records in electronic form.

(2)     The District Survey Officer shall publish the final land records along with a notice in Form XIX on such website as may be directed by the Commissioner Land Records.

(3)     The final Land Records shall be authenticated and preserved in such manner as may be directed by the State Government from time to time.

Rule - 21. Preparation of list of pending cases.

(1)     The District Survey Officer shall prepare a list of all such cases in Form XX in which decision of any court which will affect the entries in land records is received after hearing of claims and objections.

(2)     The District Survey Officer shall prepare a list of cases pending in his court at the time of preparation of final land records in Form XXI.

Rule - 22. Handing over of final land records, other survey records and revenue cases.

The District Survey Officer shall hand over to the Collector or the officer authorised by him-

(a)      final land records;

(b)      other survey records;

(c)      list and records of all revenue cases decided by him during land survey; and

(d)      lists and records of cases prepared under sub-rule (1) and (2) of rule 21.

Rule - 23. Availability of copies of final land records.

Copies of the final land records shall be kept in District Record Room, Tahsil Record Room and with the concerned Patwari or Nagar Sarvekshak, as the case may be. These shall also be kept in such other offices or with such other authorities as may be prescribed under the Code or rules made thereunder or as may be directed by the State Government.

Rule - 24. Custody of other survey records and decided revenue cases.

Other survey records and records of decided revenue cases shall be kept in the District Record Room or Tahsil Record Room as may be directed by the Collector.

Rule - 25. Disposal of pending revenue cases.

The lists and records of pending cases received by the Collector or the officer authorised by him under rule 22 shall be sent to the competent revenue court for further action.

Rule - 26. Time limit for completion of survey proceedings.

The land survey of a village or sector or part thereof shall normally be completed within eight months of the date of issue of the proclamation of commencement of land survey operations issued under rule 14.

Rule - 27. Action to be taken where survey is not completed within the prescribed period.

Where the land survey is not completed within the period prescribed under rule 26, the matter shall be reported to the District Survey Officer and Commissioner Land Records who may take such action, as they deem fit, to complete the land survey expeditiously.

Rule - 28. Report to the Commissioner Land Records and issue of notification of closure of land survey.

On receipt of the report of the District Survey Officer, the Commissioner Land Records shall issue a notification in Form XIII declaring the land survey to be closed which shall be published in the official Gazette.

Rule - 29. Preparation and distribution of Bhu-Adhikar Pustika.

After the closure of the land survey each Bhumiswami shall be given, free of cost, a Bhu-Adhikar Pustika for his holding. A record of persons to whom Bhu-Adhikar Pustika is given shall be maintained in Form XXII:

Provided that in case of a joint holding only one Bhu-Adhikar Pustika shall be so prepared and given.

PART B PREPARATION OF MAPS

Rule - 30. Features to be shown on maps.

The maps shall be prepared, in accordance with the survey, re-survey or map correction, as the case may be, and shall show survey numbers, block numbers, plot numbers, boundaries, boundary marks, traverse, sub-traverse and primary, secondary and tertiary geodetic triangulation station marks found during the survey or map correction operations and such topographical features as the Commissioner Land Records may direct.

Rule - 31. Boundary lines of adjoining villages or sectors to be compared.

Boundary lines of adjoining villages or sectors shall be compared and any serious mistake or discrepancy shall be rectified after such survey as may be necessary. At the same time it shall be ensured that topographical features crossing village or sector boundary are shown in the same position in the maps of all villages or sectors concerned.

Rule - 32. Roads, canals and distinct parcels of land to be brought on map.

All parcels of land whose feature or ownership is distinct from the adjoining land such as roads, canals, railway line, etc. which have come into existence since the previous revenue survey or land survey, shall be surveyed and brought on the map.

Rule - 33. When the shape or area in map and on field are not same.

When the shape or area of a survey number, block number or a plot number on field is not same as in map, the map shall be corrected in accordance with the boundary as agreed upon by the parties concerned or as determined by the Assistant Survey Officer or Tahsildar, as the case may be.

PART C FORMATION, DIVISION AND AMALGAMATION OF SURVEY NUMBERS, BLOCK NUMBERS AND PLOT NUMBERS

Rule - 34. Division of land into survey numbers, block numbers and plot numbers.

(1)     All land in a village or a sector shall be divided into survey numbers and block numbers.

(2)     Every survey number shall be a contiguous parcel of land formed in the-

(a)      land assessed for agricultural purpose under section 59;

(b)      land held under a lease given by the State Government for agricultural purpose; and

(c)      service land.

(3)     Every block number shall be a contiguous parcel of land formed in the-

(a)      land assessed for a purpose other than agricultural purpose under section 59;

(b)      land held under a lease given by the State Government for a purpose other than agricultural purpose;

(c)      abadi land or a land which was abadi of the constituent village of an urban area; and

(d)      unoccupied land including the land set apart for the exercise of Nistar rights under section 237 or the land set apart for public purposes under section 233-A.

(4)     Each block number shall consist of one or more plot numbers and one plot number shall not be a part of more than one block number.

(5)     All survey numbers, block numbers and plot numbers existing at the time of coming into force of these rules shall continue to be recognised as survey numbers, block numbers and plot numbers, as the case may be, till they are modified or cancelled in accordance with the provisions of these rules.

Rule - 35. Formation of survey numbers during land survey.

(1)     During land survey, the District Survey Officer shall assign a separate survey number to every contiguous parcel of land which is-

(a)      held under a separate title and assessed for agricultural purpose under section 59;

(b)      held under a separate lease given by the State Government for agricultural purpose; or

(c)      service land;

and for this purpose may recognise existing survey numbers, reconstitute survey numbers, form new survey numbers, divide or amalgamate existing survey numbers or convert block numbers or part thereof into survey numbers..

(2)     The existing survey numbers shall be retained as they stand unless their renumbering is considered necessary, in which case they shall be renumbered afresh.

(3)     No new survey number shall be formed with an area of less than 0.02 hectare.

(4)     The numbers so retained or altered shall be called survey numbers.

Rule - 36. Formation of block numbers during land survey.

(1)     During land survey, the District Survey Officer shall, subject to rule 34, form as many block numbers as thinks fit on the basis of some common features such as locality, land use, administrative unit, etc. For this purpose he may recognize existing block numbers, reconstitute block numbers, form new block numbers, divide or amalgamate existing block numbers or convert survey numbers or part thereof into block numbers.

(2)     Existing block numbers shall be retained as they stand unless their renumbering is considered necessary, in which case they shall be renumbered afresh.

(3)     The numbers so retained or altered shall be called block numbers.

Rule - 37. Formation of plot numbers during land survey.

(1)     During land survey the District Survey Officer shall assign a separate plot number to every contiguous parcel of land within a block number which is-

(a)      held under a separate title and assessed for a purpose other than agricultural purpose under section 59-

(b)      held under a separate lease given by the State Government for a purpose other than agricultural purpose;

(c)      recognised as a plot within abadi including the plots of the layout prepared under the Madhya Pradesh Bhu Rajasva Sanhita (Dakhalrahit Bhumi, Abadi Tatha Wajib-ul-arz) Niyam, 2020; or

(d)      unoccupied land classified under a separate head or set apart for a distinct purpose specified in subsection (1) of section 237 or for a distinct public purpose under section 233-A.

Explanation I. If a land in clause (a) or (b) above is held for more than one purposes whose boundaries can be clearly demarcated, separate plot numbers shall be formed for each such purpose.

Explanation II. (1) Public land such as roads, parks, open spaces in abadi, public buildings and campuses, nallahs, rivers, tanks, hillocks and vacant spaces in the unoccupied land shall be formed into as many plot numbers as may be necessary.

(2)     Competent authority for approval of layout shall furnish copies of approved layouts in the land under survey to the District Survey Officer on his requisition. Plots of such approved layouts shall be deemed to be plot numbers under the Code and no change in their layout shall be recognised without the approval of such authority:

Provided that if such authority does not furnish copies of approved layout within thirty days of making of requisition, the District Survey Officer may recognise plots of the layouts submitted to him by any other person or form such plot numbers as he thinks fit.

(3)     Existing plot numbers shall be retained as they stand unless their renumbering is considered necessary, in which case they shall be renumbered afresh.

(4)     Subject to the provisions of relevant land planning law no new plot number shall be formed with an area of less than 9 square metres.

(5)     The numbers so retained or altered shall be called plot numbers.

Rule - 38. Numbering of survey numbers, block numbers and plot numbers during land survey.

(1)     During land survey all survey numbers and block numbers of a village or sector shall be assigned unique numbers.

(2)     Every plot number shall be a composite number consisting of two parts. The first part shall be the block number to which the plot number belongs and the second part shall be a unique number.

Rule - 39. Alluvial land.

(1)     If the area of alluvial land does not exceed half hectare, it shall be formed into a sub-division of an adjoining survey number till the subsequent land survey and the Bhumiswami of such adjoining survey number shall be entitled to use of such alluvial land as per provisions of section 203. In the subsequent land survey the said subdivision shall be amalgamated with adjoining survey number. (2) If the area of alluvial land exceeds half hectare, it shall be formed into a new survey number and such land shall vest in the State Government.

Rule - 40. Formation, division and amalgamation of survey numbers when area is not under land survey.

(1)     When an area is not under land survey, the Collector may, in accordance with foregoing rules, reconstitute survey numbers, form new survey numbers, divide or amalgamate existing survey numbers or convert block numbers or part thereof into survey numbers.

(2)     No new survey number shall be formed with an area of less than 0.02 hectare.

(3)     Two or more contiguous survey numbers may be amalgamated, provided that tenure holders of each survey number are same.

(4)     Such reconstituted, formed, divided or amalgamated survey numbers, shall be assigned unique numbers. In the subsequent land survey these survey numbers shall be renumbered afresh:

Provided that the old survey numbers or block numbers shall not be struck off from khasra but shall be shown without area and cross referenced to the new survey numbers and shall be extinguished during the subsequent land survey.

(5)     A survey number may be cancelled only when it ceases to be a part of village or sector area.

Rule - 41. Formation, division and amalgamation of block numbers when area is not under land survey.

(1)     When an area is not under land survey, the Collector may, in accordance with foregoing rules, reconstitute block numbers, form new block numbers, divide or amalgamate existing block numbers or convert survey numbers or part thereof into block numbers.

(2)     No block number shall be divided in such a way which will cause one plot falling into more than one block numbers.

(3)     Two or more block numbers may be amalgamated, if they are contiguous.

(4)     Such reconstituted, formed, divided or amalgamated block numbers shall be assigned unique numbers. In the subsequent land survey these block numbers shall be renumbered afresh:

Provided that the old block numbers or survey numbers shall not be struck off from khasra but shall be shown without area and cross referenced to the new block numbers and shall be extinguished during the subsequent land survey. (5) A block number may be cancelled only when it ceases to be a part of village or sector area.

Rule - 42. Formation, division and amalgamation of plot numbers when area is not under land survey.

(1)     When an area is not under land survey, the Collector may, in accordance with foregoing rules, reconstitute plot numbers, form new plot numbers, divide or amalgamate existing plot numbers as per the approval of the competent authority for approval of layout.

(2)     Such reconstituted, formed, divided or amalgamated plot numbers shall be assigned unique numbers. In the subsequent land survey these plot numbers shall be renumbered afresh:

Provided that the old plot numbers shall not be struck off from the land records but shall be shown without area and cross referenced to the new plot numbers and shall be extinguished during the subsequent land survey.

PART D FORMATION, AMALGAMATION AND DIVISION OF VILLAGES AND SECTORS

Rule - 43. Formation, amalgamation and division of villages.

(1)     A cluster of survey numbers and block numbers situated in a non-urban area shall be grouped to form a village so that-

(a)      there is only one village site or abadi, or if there are more than one abadi sites, those are located close to each other;

(b)      community rights over unoccupied lands are enjoyed in common by cultivators of all such area to be constituted as a village; and

(c)      the area of a village does not exceed eight hundred hectares except when this may result in the area of another village becoming less than eighty hectares.

(2)     Two or more villages may be amalgamated provided the following conditions are satisfied-

(a)      they are adjacent and contiguous;

(b)      the village sites or abadis adjoin or there is only one village site or abadi and other villages are uninhabited;

(c)      community rights over unoccupied lands are enjoyed in common by cultivators of all the villages; and

(d)      area of the new village formed after amalgamation does not ordinarily exceed eight hundred hectares.

(3)     A village may be divided into two or more villages, provided that one or more of the following conditions are satisfied, namely:-

(a)      the area of the existing village is too big to be conveniently manageable as a single unit;

(b)      community rights are enjoyed over unoccupied lands situated in distinct and separate units;

(c)      in the case of an existing village comprised partly or wholly of old uninhabited villages, one or more of such villages have since developed into stable inhabited areas; and

(d)      there are other reasons of a similar nature:

Provided that no division of a village shall be allowed which may result in formation of a village with any of the following conditions-

(a)      area of less than eighty hectares;

(b)      population less than two hundred according to the last census; or

(c)      distance of less than two kilometres between the abadis of the new and old villages.

(4)     On such amalgamation or division all survey numbers, block numbers and plot numbers of each newly formed village shall be renumbered afresh and new sets of land records shall be prepared. Such amalgamation or division shall take effect from the beginning of the next revenue year.

Rule - 44. sector notified as a non-urban area.

If a sector of an urban area or a part thereof is notified as a non-urban area, it shall be formed as a village. The land records of such sector or part thereof shall become the land records of the newly formed village. The Sub-Divisional Officer shall prepare a nistar patrak for such village under section 234 keeping in mind the lands reserved for public purposes under section 233-A, if any.

Rule - 45. Formation, amalgamation and division of sectors.

(1)     A cluster of contiguous survey numbers, block numbers and plot numbers situated in an urban area shall be grouped to form a sector.

(2)     Each sector shall be generally so formed as to be coterminous with one or more wards of the urban local body. However, if this is not feasible due to any reason, following factors shall be taken into consideration in formation of sectors-

(a)      boundaries of the wards of the urban local bodies:

(b)      permanent or prominent features of terrain such as water bodies, hills, roads, canals, etc.; and

(c)      area of the sector, which should be between 40 to 200 hectares.

(3)     Two or more sectors as parts thereof to form new records may be amalgamated or a sector may be divided into two or more sectors. On such amalgamation or division all survey numbers, block numbers and plot numbers of each newly formed sector shall be renumbered afresh and new sets of land records shall be prepared. Such amalgamation or division shall take effect from the beginning of the next revenue year.

PART E OTHER PROVISIONS OF LAND SURVEY

Rule - 46. Assessment on all lands.

The District Survey Officer shall make assessment on all lands to which the land survey extends in accordance with the provisions of the Madhya Pradesh Bhu-Rajasva Sanhita (Bhu-Rajsva ka Nirdharan Tatha Punarnirdharan) Niyam, 2018 whether such lands are liable to the payment of land revenue or not.

Rule - 47. Development of land in contravention of land planning law.

The objective of preparation of land records and their updating under these rules is to create and maintain a database which will be a true representation of field situation. Therefore, any action taken by District Survey Officer, Collector, any other Revenue Officer or any person working under their instructions under these rules shall not condone any violation nor deemed to have condoned such violation of land planning law by any person.

CHAPTER IV BOUNDARIES AND BOUNDARY MARKS

Rule - 48. Requisition of assistance in preparation of maps and record of rights.

Notice issued by a Revenue Officer, Revenue Inspector, Nagar Sarvekshak or Patwari to a holder of land and any holder in abadi under section 120 shall be in Form XXIII and shall specify the date on which noticee is required to appear on the spot. If the noticee fails to appear on the date fixed the Revenue Officer, Revenue Inspector, Nagar Sarvekshak or Patwari may proceed ex-parte in the matter.

Rule - 49. Demarcation of village boundary.

(1)     Boundary of a village shall be demarcated with minimum 10 boundary marks whose specifications shall be as given in Schedule-1.

(2)     The specifications of the boundary marks fixed under subsection (2) of section 124 shall be as given in Schedule-I.

(3)     The Commissioner Land Records may, from time to time, issue directions for locating, fixing and maintaining boundary marks.

Rule - 50. Boundary marks between land of a holder and unoccupied land.

The boundary between land of a holder and unoccupied land shall be demarcated under section 127 by fixing stones or planting trees. Fixing of stones or planting of trees shall be done on the private land adjoining such unoccupied land. The specifications of the stones shall be as given in Schedule-I.

Rule - 51. Manner of publication of order under section 135.

(1)     Order of Collector passed under sub-section (1) of section 135 shall be published in the following manner:-

(i)       a copy of it shall be affixed to some place of public resort in the village;

(ii)      it shall be proclaimed in the village by beat of drum ; and

(iii)     a copy of it shall be sent to each of the person affected by the acquisition.

(2)     A copy of the order shall be sent to the Tahsildar who shall cause necessary changes to be made in relevant land records.

CHAPTER V DUTIES OF PATWARI, NAGAR SARVEKSHAK AND REVENUE INSPECTOR

PART A DUTIES OF PATWARI AND NAGAR SARVEKSHAK

Rule - 52.

In this part the term "Patwari" includes Nagar Sarvekshak.

Rule - 53. Daily diary and monthly report.

(1)     Every Patwari shall maintain a daily diary and send monthly report in such Form as may be prescribed from time to time by the Commissioner Land Records in which he shall enter from day to day the occurrences relating to his duties.

(2)     Patwari shall transmit his daily diary and monthly report to the Tahsildar.

Rule - 54. Keeping records in good condition.

Patwari shall keep in safety and in good condition all copies of land records entrusted to him and any record including digital records (e-basta) which he may be required under these rules or the explanatory instructions thereunder to keep or which may be made over to his charge by revenue officers.

Rule - 55. Inspection of records by interested person.

Patwari shall allow any person having an interest in any record under his custody to inspect such record including the record of rights and to make hand written copies and notes or take photographs using camera as provided under rule 93.

Rule - 56. Sending copies of land records on the order of Tahsildar.

Patwari shall when so ordered by Tahsildar, prepare, attest and transmit electronically or through a tahsil peon copies of land records in his custody.

Rule - 57. Report of specific events.

(1)     Patwari shall promptly send report to Tahsildar in writing or by electronic mode on the following occurrences:-

(a)      death without heirs of any Bhumiswami which may involve escheat of holding to the State Government;

(b)      death of or change among kotwars or patels and the prolonged or permanent absence of kotwars or patels from their duties;

(c)      encroachment on abadi, service land, land set apart for exercise of Nistar rights, Wajib-ul-arz, land set apart for public purpose under section 233-A, public way, revenue forest or any other unoccupied land or on any land which is the property of government or any authority, body corporate, or institution constituted or established under any State enactment or land belonging to religious entity managed by Collector;

(d)      infringement of the conditions under which any grant or lease of land is held from the State Government;

(e)      destruction or decay of boundary or survey marks and alterations of village boundaries;

(f)       the condition of crops;

(g)      any obstruction to the lawful exercise of any right recorded in the Nistar Patrak or Wajib-ul-arz;

(h)     the abandonment of land by Bhumiswami;

(i)       the permanent deterioration of agricultural land by diluvion, deposit of sand or water logging;

(j)       the permanent failure of the water supply from which land is irrigated;

(k)      the diversion of agricultural and the abadi land to any purpose other than that to which it was appropriated and its subsequent diversions from one non-agricultural purpose to another.

(2)     For the purpose of reporting encroachments under clause (c) of sub-rule (1), Patwari shall maintain a Register of Encroachment in Form XXIV. He shall prepare a sketch of each encroachment detected by him according to scale and transmit it to Tashildar along with encroachment report. He shall fill in relevant columns of the Register on receipt of intimation regarding final order passed by the Revenue Officer in the encroachment cases reported by him.

Rule - 58. Immediate report.

Patwari shall immediately send report in writing or by electronic mode to the Tahsildar on the following occurrences -

(a)      any calamity such as hail, locusts, frost, fire, flood, epidemic disease of man or cattle or failure of crops from any cause;

(b)      any infringement of the rules made under sections 240 and 241;

(c)      the extraction or removal of minerals from a quarry without lawful authority.

Explanation- For the purpose of this rule, "Minerals" include any sand or clay which the State Government may declare to have a commercial value or to be required for any public purpose, no royalty is recovered on stones not quarried for sale, required for (a) construction or repairs of wells or other agricultural work or (b) for construction or improvement of the dwelling houses of agriculturists.

Rule - 59. Intimation regarding acquisition of rights in land.

Patwari shall maintain a Register of reports of acquisition of rights or interest in land and send to Tahsildar intimation of acquisition of any right or interest in land for mutation in land records under sub-section (2) of section 110 in the Forms and in the manner prescribed under the Madhya Pradesh Bhu-Rajasva Sanhita (Bhu-Abhilekhon Mein Namantaran) Niyam, 2018.

Rule - 60. Siway Income Register.

Patwari shall maintain Siway Income Register in the form prescribed by the State Government. He shall report sources of Siway income to Tahsildar before 30th June each year giving the probable amount of income from each plot.

Rule - 61. Survey, inspection and report.

Patwari on orders of a revenue Officer shall make survey, field inspection, recording of crops, inspection and revision of maps or reports relating to rent or revenue or circumstances of cultivation.

Rule - 62. Compliance of Collector's orders.

When ordered by the Collector, Patwari shall-

(i)       perform such duties and prepare and submit such returns and statements in connection with scarcity and famine operations in his halka, as may, from time to time, be prescribed by the State Government; and

(ii)      perform any other duties as directed by the Collector.

Rule - 63. Duties ordered by revenue officer.

Patwari shall, when ordered by a revenue officer prepare reports; statements, returns or lists relating to-

(a)      assessment of compensation payable for land acquisition;

(b)      damage to crops caused by camps of exercise or other military maneuverers; or

(c)      any revenue case pending before a revenue court.

Rule - 64. Preparation of returns of farm prices, wages and rural retail prices.

Patwaris of selected centers, shall prepare weekly returns of farm (harvest) prices and monthly returns of agricultural wages and rural retail prices. They shall also prepare statements of land utilisation of villages selected for crop cutting surveys. The returns and statements shall be prepared in accordance with the instructions issued by the Commissioner Land Records from time to time.

PART B DUTIES OF REVENUE INSPECTOR

Rule - 65. Superintendence of Patwari's work.

Revenue Inspector shall be responsible for the superintendence and inspection of the work of the Patwaris of his circle and for enforcing general discipline amongst them. He shall also inspect the work of Patwaris in randomly selected villages by surprise as per instructions issued by the Commissioner of Land Records from time to time.

Rule - 66. Instruction to Patwaris.

Revenue Inspector shall be responsible for the instructions to the Patwaris of his circle in surveying, map drawing, area calculation and Patwari rules and instructions, if any.

Rule - 67. Accurate preparation and maintenance of land records and subsidiary field records by Patwaris.

Revenue Inspector shall be responsible for the accurate preparation and maintenance of the land records and subsidiary field records of the villages by the Patwaris in his circle and of return of farm (harvest) prices and rural and agricultural wages and rural retail prices. In particular, he shall ensure accuracy in the preparation of the field records by regularly checking and testing the work in the manner prescribed in instructions issued from time to time by the Commissioner Land Records.

Rule - 68. Responsibility of Patwaris in carrying out their other duties.

Revenue Inspector is responsible for ensuring that the Patwaris of his circle carry out other duties imposed upon them under sub-section (2) of section 104 of the Code and the explanatory instructions thereunder. In particular, he should see that the Patwaris in his charge carry out a careful and thorough comparison of registers maintained by Patel and Kotwar, that they record definite and correct entries and submit detailed reports in respect of discrepancies noticed during such comparison.

Rule - 69. Proper repair to traverse and boundary marks, etc.

Revenue Inspector should see that all the traverse stations, boundary marks, survey marks and tri-junction pillars, as well as primary, secondary and tertiary group control points in the villages of his circle are kept in proper repairs. He shall report to Tahsildar all instances in which repairs are neglected and also the names of persons responsible for the maintenance of the marks, etc.

Rule - 70. Visits to Patwari Halkas.

(1)     Revenue Inspector shall visit each Patwari halka in his charge once in a month.

(2)     Revenue Inspector shall periodically check and ensure updation of digital records by Patwaris and send report to Tahsildar and Superintendent of Land Records.

Rule - 71. Maintenance of diary.

Revenue Inspector shall maintain a diary in such form, as may be prescribed, from time to time, by the Commissioner Land Records.

Rule - 72. Report to Tahsildar regarding crops, rainfall, outbreak of cattle diseases, etc.

(1)     When called upon to do so Revenue Inspector shall submit report to Tahsildar, in such form as may be prescribed by the Commissioner of Land Records, on the condition of crops, rainfall, prices of food grains and fodder and the condition of the people in his circle. A copy of the report shall also be sent to the Superintendent of Land Records.

(2)     The occurrence of any calamity, the outbreak of cattle disease or anything unusual affecting the condition of the people, crop or cattle shall be reported at once to Tahsildar.

(3)     Revenue Inspector shall report to Tahsildar any permanent failure of water supply from which land is irrigated and the permanent deterioration of any land from diluvion, sand deposit or water-logging.

Rule - 73. Crop cutting experiments.

Revenue Inspector shall every year conduct crop cutting experiments using modern technique as prescribed by the Commissioner of Land Records.

Rule - 74. Survey to be done by Revenue Inspector.

Revenue Inspector shall, whenever required to do so by any revenue officer, conduct any survey or measurements or prepare any maps or superintend any survey operations prescribed under these rules.

Rule - 75. Local enquiry.

Revenue Inspector shall, when required by any Revenue Officer, make any local inquiry in respect of correctness of entries in village records, and collect information relating to land or agriculture:

Provided that he shall not be called upon without the permission of Collector, to make any investigation which would usually be referred to a commission by order of a Civil Court.

Rule - 76. Submission of crop forecasts and agricultural price returns.

Revenue Inspector shall be held responsible for the correct and punctual submission of crop forecasts and agricultural price returns of his charge, for such crops, on such dates and in such forms, as may be, from time to time, prescribed by the Commissioner Land Records to Superintendent of Land Records.

Rule - 77. Detecting and reporting of the cases of diversion of agricultural land to non-agricultural purposes.

Revenue Inspector shall be responsible for detecting and reporting to the Tahsildar every case of diversion of agricultural and abadi land to any purpose, other than that to which it was appropriated and any subsequent diversion of the land from one non-agricultural purpose to another.

Rule - 78. Checking of the maps and registers.

Revenue Inspector shall check map of abadi prepared in the manner prescribed by the Commissioner of Land Records. He shall also check the digital registers prepared in the prescribed manner by Patwari of the layout of open sites of plots available for building purposes and of reserved plots.

Rule - 79. Measuring land and fixing boundary marks.

Revenue Inspector shall measure survey number or block number or plot number or their sub-division and also cause to be fixed boundary marks thereon, when ordered to do so by Tahsildar.

Rule - 80. Checking of report.

Revenue Inspector shall check during girdawari inspection, report of the Patwari regarding change in area of a holding caused by alluvion or diluvion.

Rule - 81. Previous permission to employ Revenue Inspector on work other than land records.

(1)     Revenue Inspector shall not be employed on any duty other than those prescribed in these rules or which devolve upon him under other rules made by the State Government and he shall not be called away from his prescribed work without the permission of the Commissioner of Land Records.

(2)     In case of emergency, where it is impracticable to obtain the previous permission of the Commissioner of Land Records, the Collector may grant the permission and immediately report the fact to the Commissioner of Land Records.

Rule - 82. Duties ordered by revenue officers.

Revenue Inspector shall, when ordered by revenue officer prepare such statements, returns or lists or perform any other duties, as directed by Collector.

CHAPTER VI INSPECTION AND SUPPLY OF CERTIFIED COPY OF RECORDS

PART A RECORDS MANAGEMENT

Rule - 83. "Record" defined.

In this Chapter, unless the context otherwise requires, "record" means any of the following records and includes record in electronic form-

(a)      record of a revenue case or any other record or register in the custody of a Revenue court; and

(b)      a land record or record of a revenue case or any other record deposited in the Record Room-cum-Copying Section.

Rule - 84. Record Room cum Copying Section.

(1)     A Record Room-cum- Copying Section shall be established in every office specified in Schedule - II.

(2)     Following categories of records shall be kept in the Record Room-cum-Copying Section established in an office other than the Board of Revenue-

(a)      records of revenue cases decided and ordered to be deposited in the Record Room-cum-Copying Section by a revenue court;

(b)      such land records as may be directed by the Commissioner of Land Records; and

(c)      such other records as may be directed by the Principal Revenue Commissioner or Commissioner Land Records.

(3)     Following categories of records shall be kept in the Record Room- -cum-Copying Section established in the Board of Revenue-

(a)      records of revenue cases decided and ordered to be deposited in the Record Room-cum-Copying Section by a bench of the Board of Revenue; and

(b)      such other records as may be directed by the President, Board of Revenue or Member authorised by him.

(4)     The manner of sending records to Record Room-cum-Copying Section, manner and period of preservation of records and the manner of their destruction shall be as per the directions issued from time to time-

(a)      in case of records kept in the Board of Revenue, by the President, Board of Revenue; and

(b)      in other cases, by the State Government.

Rule - 85. Records Administrator.

(1)     The head of office shall appoint an officer as Records Administrator for the Record Room-cum-Copying Section established in his office:

Provided that a revenue officer not below the rank of Naib-Tahsildar or Assistant Superintendent Land Records shall be appointed as Records Administrator in an office other than the Board of Revenue or Commissioner.

(2)     Records Administrator shall be responsible for compliance to the rules of this Chapter and directions issued there under.

Rule - 86. Head Copyist-cum-Record Keeper.

(1)     The head of office shall appoint an employee of his office as Head Copyist-cum-Record Keeper for the Record Room-cum-Copying Section established in his office.

(2)     The Head Copyist-cum-Record Keeper shall work under the supervision and control of the Records Administrator.

(3)     The Head Copyist-cum-Record Keeper shall be responsible for custody and preservation of records kept in the Record Room-cum-Copying Section and proper upkeep of its premises.

PART-B INSPECTION OF RECORDS

Rule - 87. Inspection of records.

Subject to the provisions of this Part all records shall be open to inspection.

Rule - 88. Permission for inspection of revenue case in revenue court.

(1)     The record of a pending or decided revenue case in the custody of a revenue court or other record or register of such court relating to such Revenue case may be inspected free of charge by a party thereto or by his legal practitioner or recognised agent or by such legal practitioner's recognised clerk if authorised by his master.

(2)     Any other person may inspect such record by obtaining the permission of the presiding officer of such revenue court or, in his absence, by presiding officer of any other revenue court present at headquarter, by presenting an application stating therein the nature of the interest in such record of which inspection is sought. If permission is granted then the inspection shall be allowed free of charge.

(3)     The provisions of sub-rules (2), (3), (4) and (5) of rule 92 shall also apply to inspections under this rule.

Explanation - For the purpose of this rule, record of a pending case includes the record of a decided case called for in connection with such pending case.

Rule - 89. Fee for inspection in Record Room-cum-Copying Section.

Inspection of records deposited in the Record Room-cum-Copying Section shall be allowed on payment of inspection fee as prescribed in Schedule III. If inspection is not made within one month of payment, the inspection fee shall need to be paid afresh.

Rule - 90. Inspection for government purpose.

Inspection of any records by an officer of the State Government or a person duly authorised in this behalf or by an officer of a Court of Wards for official purpose shall be allowed without an application and free of charge.

Rule - 91. Inspection Book.

An Inspection Book shall be kept by the Reader of each revenue court and by the Head Copyist-cum-Record Keeper in Form XXV and every person desiring inspection shall fill it.

Rule - 92. Inspection procedure.

(1)     The inspection fee as per Schedule III shall be paid in advance in such manner as may be directed by the State Government from time to time and shall in no case be refunded.

(2)     The inspection shall be made at such time, in such place and in the supervision of such official as the presiding officer of the revenue court or Records Administrator, as the case may be, may direct.

(3)     The applicant shall not be permitted to carry pen and ink during inspection. He may use pencil and paper for making any notes or copies from the record and use camera to take photographs of those records whose inspection is permitted. He shall not make any markings, alterations, modifications or cause damage to records.

(4)     Any person infringing sub-rule (3) shall be liable for penal action in law and may also be debarred by the order of the presiding officer of the revenue court or the Records Administrator, as the case may be, of the right of inspection for such period as he may direct.

(5)     It shall be the duty of the official supervising the inspection to see that no alterations are made in the records, or no papers are extracted therefrom, and that it is returned in its original condition when the inspection is over. The inspection must be completed and the record returned within the office hours of the day on which the record was taken out for examination.

Rule - 93. Inspection of records in the custody of Patwari or Nagar Sarvekshak.

Patwari or Nagar Sarvekshak shall allow, free of cost, any person having an interest in any records under his custody to inspect such records including the record of rights and to make hand written copies and notes or take photographs using camera.

PART-C ISSUE OF CERTIFIED COPIES OF RECORDS LISTED IN SCHEDULE IV

Rule - 94. Issue of certified copies of records listed in Schedule IV and available in electronic form.

(1)     Certified copy of records which are listed in Schedule IV and are available in electronic form shall be issued through authorised service provider or through authorized web protal as may be directed by the Commissioner of Land Records from time to time.

(2)     The fee for copy of such records shall be charged at the rates prescribed in Schedule IV and shall be paid in such manner as may be directed by the State Government from time to time:

Provided that no fee shall be charged for copy required by officers of the State Government or of a Court of Wards for official use.

(3)     Such portion of the fee shall be paid to authorised service provider and in such manner as may be directed by the State Government from time to time.

(4)     The manner of submission of application, its scrutiny, preparation of copy, payment of fee, attestation of copy and its. delivery and maintenance of accounts shall be as per the directions issued by the Commissioner of Land Records from time to time.

(5)     The Commissioner of Land Records may, from time to time, authorise service providers for the purpose of this rule under such terms and conditions as he deems fit.

PART-D ISSUE OF CERTIFIED COPIES OF OTHER RECORDS

Rule - 95. Issue of certified copies of other records.

Certified copy of records other than those covered under Part-C shall be issued according to the provision of this Part.

Rule - 96. Application for certified copy.

(1)     Application for certified copy may be presented in person or by an agent or a legal practitioner or sent by post to the Head Copyist-cum-Record Keeper of the office where such records are kept:

Provided that application for supply of copy of records through authorised service provider or through authorized web portal shall be made in the manner provided under rule 105.

(2)     The application shall be submitted in Form XXVI. The applicant shall pay in advance fee as specified in Schedule -V in such manner as may be directed by the State Government and attach proof of payment of fee along with his application. As far as possible exact amount of fee required to be paid shall be calculated and paid by the applicant at the time of submission of application itself. In case it is not possible to determine the exact amount of fee the applicant shall pay such amount in advance which is likely to cover the fee as determined by the Head Copyist-cum-Record Keeper.

Rule - 97. Exemption from payment of fee.

Certified copies required by officers of State Government or of a Court of Wards for official use shall be made free of cost.

Rule - 98. Registration of application for certified copy.

(1)     Every application for certified copy on presentation shall be summarily examined by the Head Copyist-cum-Record Keeper and if any mistake, defect or shortcoming is detected prima facie he shall get the same rectified by the applicant then and there.

(2)     The Head Copyist-cum-Record Keeper shall register every application received by him in Register of applications in Form XXVII and issue acknowledgment in Form XXVIII.

Rule - 99. Scrutiny of application.

(1)     Before preparation of certified copy, every application shall be minutely scrutinized. Defect detected, if any, including deficiency in fee, shall be notified on such web portal as may be directed by the Principal Revenue Commissioner. If the phone number and email address of the applicant are available he may be informed over phone or by text messaging on his phone or email.

(2)     Where the defect is not cured within seven days of such notification and intimation, the application shall be filed by the Records Administrator and the fee paid shall be forfeited.

Rule - 100. Certified copy of a scanned or photostat document.

(1)     Subject to sub-rule (2) no certified copy of a document other than an original document or a scanned document stored in a State Government repository, shall be granted.

(2)     Copy of a photostat copy or a scanned document filed in a revenue case may be granted in the same manner as a certified copy; with following endorsement-

"Certified copy of photostat/ scanned copy, as filed in case no.............................. in the court of.........................by........... (name)..............(status in the case).

Head Copyist-cum-Record Keeper"

Rule - 101. Preparation and delivery of certified copy.

(1)     If after scrutiny the application is found in order or defect therein rectified, as the case may be, the Head Copyist-cum-Record Keeper shall have the certified copies prepared for delivery to the applicant.

(2)     Where the records are in the custody of a revenue court or any officer, the Head Copyist-cum-Record Keeper shall forward a copy of the application to the revenue court or officer concerned who shall permit making of copy in the supervision of a person authorised by him. Such person shall ensure that the records are not tampered with and returned back in good condition.

(3)     On the copy prepared the Head Copyist-cum-Record Keeper shall affix labels to denote the payment of fee.

(4)     Subject to rule 102 applications shall be disposed, as far as possible, on a first come first serve basis.

(5)     Following endorsement shall be made on the back of last page of the certified copies-

 

Copyist Comparer Head Copyist-cum-Record Keeper

(6)     If the copy is of a kind requiring a stamp under Article 24, Schedule I-A to the Indian Stamp Act, 1899 (II of 1899), it shall be prepared on an impressed non-judicial stamp paper of the value required and shall, if not finished on the front thereof, be completed on an ordinary plain sheet or sheets. If the copy is finished on the non-judicial stamp itself, the endorsements required by sub-rule (5) shall be made on the back of the stamp. Labels to denote payment of fee shall be affixed to the copy prepared.

(7)     No certified copy shall contain the signature of the presiding officer of the revenue court Care shall be specially taken to mask such signature while scanning or preparing a photocopy.

(8)     Copy shall be signed by way of attestation by the Head Copyist-cum-Record Keeper. He shall before signing satisfy himself that each sheet bears labels and stamps as provided under sub-rule (3) and (6) and punch or cancel such labels and stamps.

(9)     Certified copy after preparation and attestation shall be delivered to applicant personally or to his agent or counsel or shall be sent by post, if so desired, when postage stamps of sufficient value are enclosed with application.

Rule - 102. Express delivery of certified copy.

(1)     An application for express delivery of certified copy, stating ground therefor, shall be accompanied by proof of payment of fee at double the rate prescribed in Schedule V.

(2)     Where the amount of fee paid is sufficient only to the extent of preparation of copy in ordinary mode, the application shall be treated as an application for certified copy by ordinary mode. However, no part of excess fee paid shall be refunded.

(3)     Where the amount of fee paid is not sufficient enough even for preparation of copy in ordinary mode, the application shall be filed and fee paid shall be forfeited.

(4)     The application for express delivery shall be immediately forwarded to the Records Administrator who shall deal with it forthwith and may, after taking into consideration the grounds alleged, either allow or reject the application and return it to the Head Copyist-cum-Record Keeper.

(5)     Where the application is rejected under sub-rule (4) copy shall be prepared in the ordinary mode. However no part of the fee paid shall be refunded.

(6)     Where the application for express delivery of certified copy is granted the copy applied for shall be prepared as expeditiously as possible giving preference over ordinary applications and in general should be made ready for delivery not later than two working days after the order for express delivery is passed.

(7)     The words "express delivery" shall be noted in red ink at the top - of the first page of the copy and in the remarks column of the Register of applications.

Rule - 103. Refund of fee.

(1)     Fee paid for issue of certified copy whether by ordinary mode or express mode shall be refunded in full when the record is not available. In such case a written intimation of the non- availability of record shall be sent to the applicant.

(2)     In other cases the amount paid in excess of fee shall be refunded subject to the provisions of sub-rule (2), (3) and (5) of rule 102.

Rule - 104. Maintenance of accounts.

Head Copyist-cum-Record Keeper shall keep such registers and other account books as may be directed by Principal Revenue Commissioner from time to time:

Provided that till such directions are issued the registers and other account books shall continue to be maintained in accordance with the rules and instructions existing immediately prior to coming into force of these rules.

Rule - 105. Issue of certified copy through authorised service provider or through authorised web portal.

(1)     Without prejudice to foregoing rules of this Part, certified copy of records may be issued through an authorised service provider or through authorised web portal as may be directed by the Commissioner of Land Records from time to time.

(2)     The fee for issue of such copy shall be charged at the rates prescribed in Schedule V and shall be paid in such manner as may be directed by the State Government from time to time:

Provided that no fee shall be charged for copy required by officers of the State Government or the Court of Ward for official use.

(3)     Such portion of the fee shall be paid to the authorised service provider in such manner as may be directed by the State Government from time to time.

(4)     The manner of submission of application, its scrutiny, preparation of copy, payment of fee, attestation of copy and its delivery and maintenance of account shall be as per directions issued by the Commissioner of Land Records from time to time.

(5)     The Commissioner of Land Records may, from time to time, authorise service providers for the purpose of this rule under such terms and conditions as he deems fit.

CHAPTER VII MISCELLANEOUS

Rule - 106. Power of Commissioner of Land Records to issue instructions.

The Commissioner of Land Records may, from time to time, issue such instructions not inconsistent with the Code and these rules as he may deem necessary to give effect to the provisions of these rules.

Rule - 107. Repeal and savings.

(1)     The following rules are hereby repealed, namely:-

(i)       Rules regarding Formation of Survey number and Villages made vide Notification No. 177-6477-VII-N (Rules), dated the 6th January, 1960;

(ii)      Rules regarding Division of Survey numbers into subdivisions and apportionment made vide Notification No. 1 78-6477-VII-N (Rules), dated the 6th January, 1960;

(iii)     Rules regarding Revenue survey of Agricultural land made vide Notification No. 179-6477-VII-N (Rules), dated the 6th January, 1960;

(iv)    Rules regarding Proposals for Assessment rates made vide Notification No. 180-6477-VII-N (Rules), dated the 6th January, 1960;

(v)      Rules regarding Inquiry into the profits of agriculture and into the value of land used for agricultural and non-agricultural purposes made vide Notification No. 235-IX -62, dated the 24-1-1963;

(vi)    Rules regarding assessment and reassessment of land in urban areas made vide Notification No. 181-6477-VII-N (Rules), dated the 6th January, 1960 and Notification No. 1564-124/VII-N (Rules), dated the 16th March, 1961;

(vii)   Rules regarding particulars for the preparation of map of an abadi, etc. made vide Notification No. 182-6477-VII-N dated 6th January, 1960;

(viii)  Rules regarding Duties of Patwaris made vide Notification No. 3284-379 IX 66 dated 25-11-66 as amended by Notification No. 956-3550-IX, dated 16-4-1971, published in Madhya Pradesh Rajpatra, Part IV (Ga) dated 7-5-71 p. 169;

(ix)    Rules regarding subsidiary field records made vide Notification No. 436-1479-VIII-62 dated 5th March, 1962 published in Madhya Pradesh Rajpatra dated 30 March, 1962;

(x)      Rules regarding Duties of Revenue Inspector made vide Notification No. 1978-458-IX-61 dated 29-6-1962;

(xi)    Rules regarding "Preparation of Record of Rights" made vide Notification No. 2498-VII-N-dated the 10th June, 1965 published in Madhya Pradesh Rajpatra dated 2nd July, 1965;

(xii)   Rules under section 120 made vide Notification No. 184-6477-VII-N (Rules) dated the 6th January, 1960;

(xiii)  Rules for Regulating the preparation maintenance and revision of land records of village made vide Notification No. 1586-1682-VIII 69, dt. 17-6-1970;

(xiv)  Rules regarding Boundaries and Boundary marks, survey marks made vide Notification No. 185-6477-VII-N (Rules) dated the 6th January, 1960 as amended by Notification No. 218-3446-VII-N-l dated the 20th January, 1966;

(xv)   Rules regarding Demarcation and maintenance of boundary lines made vide Notification No. 186-6477-VII-N-1 (Rules) dated the 6th January, 1960;

(xvi)  Rules under section 135 of the Madhya Pradesh Land Revenue Code, 1959 made vide Notification No. 188-6477-VII-N (Rules) dated the 9th January 1960; and

(xvii) the Madhya Pradesh Revenue Records Rules, 1959.

(2)     Such repeal shall not affect the previous operation of any provision of the repealed rules or anything duly done thereunder and shall have effect as if it were done under the corresponding provisions of these rules.

 

SCHEDULE -I

(See rule 49 and 50)

The Madhya Pradesh Bhu-Rajasva Sanhita (Bhu-Sarvekshan Tatha Bhu-Abhilekh) Niyam, 2020

Specification of Boundary marks

 

SCHEDULE -II

(See rule 84)

The Madhya Pradesh Bhu-Rajasva Sanhita (Bhu-Sarvekshan Tatha Bhu-Abhilekh) Niyam, 2020

Record Room-cum-Copying Section

 

SCHEDULE III

(See rule 89)

The Madhya Pradesh Bhu-Rajasva Sanhita (Bhu-Sarvekshan Tatha Bhu-Abhilekh) Niyam, 2020 Inspection Fee

 

SCHEDULE IV

(See rule 94 and 105)

The Madhya Pradesh Bhu-Rajasva Sanhita (Bhu-Sarvekshan Tatha Bhu-Abhilekh) Niyam, 2020

Fee for certified copy of records issued through authorized service provider or authorized web portal under rule 94 and 105

 

SCHEDULE V

(See rule 96 and 102)

The Madhya Pradesh Bhu-Rajasva Sanhita (Bhu-Sarvekshan Tatha Bhu-Abhilekh) Niyam, 2020

Fee for certified copy of records issued under rule 96 and 102

 

Note:- Fee for express delivery of a certified copy under rule 102 shall be charged at double as prescribed in column (4) of the aforesaid Schedule.