MAHARASHTRA LAND REVENUE (BOUNDARIES AND BOUNDARY MARKS) RULES, 1969

PREAMBLE

In exercise of the powers conferred by clauses (xliii) , (xliv) , (xlv) , (xlvi) and (lxiii) of sub-section (2) of Section 328 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) , and in supersession of all previous rules made in this behalf and continued in force by virtue of the third proviso to Section 336 of the said Code, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of Section 329 of the said Code namely:

Rule - 1.Short title.

These rules may be called the Maharashtra Land Revenue [Boundaries and Boundary Marks] Rules, 1969.

Rule - 2.Definitions.

In these rules -

(a)      "Code" means the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) ;

 

(b)      Director means a Director of Land Records;

 

(c)      District Inspector means the District Inspector of Land Records;

 

(d)      Form means a form appended to these rules;

 

(e)      Section means a section of the Code;

 

(f)       Superintendent means the Superintendent of Land Records.

Rule - 3.Authorised boundary marks and survey marks.

The following boundary marks and survey marks are authorised.

(A)     Boundary Marks - Continuous Marks:

(1)     A boundary strip,

 

(2)     Dhuras, Sarbandhas or hedges and other permanent continuous structures such as walls. Discontinuous marks:

 

(3)     Roughly dressed long stones,

 

(4)     Pillars of cut stone, or masonry pillars of cement mortar or burnt brick in cement or mortar embedded in the ground with the foundations stepped down,

 

(5)     Prismatic, rectangular or conical earthen mounds or cairns (buruz) of loose stones,

 

(6)     Any other marks found suitable for special localities which may be sanctioned by the Director such as teak posts in the marine marshes on the Konkan coasts:

Provided that, the Collector may permit the holders of land to substitute for one kind of mark any other authorised mark within such limits as the Director by any general or special order define in that behalf.

(B)     Survey Marks -

(1)     Roughly dressed traverse stones of such size as may from time to time be prescribed by the Director with a cross cut on the head.

 

(2)     Any other survey mark that may be prescribed by the Director to suit the requirement of any area specified by him in this behalf.

Rule - 4.Maintenance of continuous boundary marks.

The boundary strips, dhuras, or ridges shall not be ploughed up or otherwise injured by cultivation; they shall also be kept free from tree growth, any young plants being destroyed at inspection time.

The minimum width and height of boundary strips and of dhuras or sarbandhas shall be as follows, namely.

Boundary strip. In dry crop lands, 0.46 metre wide and 0.61 metre high. In rice and garden lands 0.23 metre wide 0.61 metre high.

Dhuras or Sarbandhas. 1.22 metres wide and 0.61 metre high:

Provided that, -

(i)       where the boundaries of such lands are well defined by banks, hedges or the like, the actual width of the strip covered by such bank, hedges or the like shall be sufficient for the purpose of this rule;

 

(ii)      where the boundary of a survey number also forms the boundary of any adjoining State. the minimum width prescribed above shall be maintained for the portion of the boundary strip on the side of this State; and

 

(iii)     where village boundaries have been defined at the time of survey by double lines of boundary marks, the whole of the intermediate strip shall be maintained as a boundary strip.

Rule - 5.Maintenance of discontinuous marks.

(1)     Where the length of the boundary between the corners of a survey number is less than 252.46 metres no discontinuous mark should be raised in the interval, but in case there are bends, a stone should be fixed at each bend.

 

(2)     Where the line of boundary between the corners of a survey number is more than 252.46 metres and less than 504.92 metres in length, one discontinuous mark should be raised midway between the corners, and stones should be fixed at all intermediate bends if any. It is not, however, necessary to place the intermediate mark exactly half way between the corners.

 

(3)     Where the line of boundary between the corners of a survey number is more than 504.92 metres in length an intermediate mark should be raised at every 201.71 metres interval.

Rule - 6.Demarcation of road passing through survey number.

Where a carttrack or foot-path or a road for laden animal passes through a survey number, stones of such size as may be prescribed by the Director shall be fixed on the common boundary at points where such a foot-path or road enters and leaves a survey number; such stones shall be fixed on both sides of the common boundary of survey numbers traversed by such roads.

Rule - 7.Village road boundaries.

In the case of road, the boundary between the land held by a person and the village road adjoining it shall be demarcated by fixing stones or planting trees, irrespective of the fact whether the road passes through any survey number or not. Fixing of stones or planting of trees should be done within the area of the private land adjoining such road. Every stone to be fixed shall be 0.15 metre square and 0.76 metre in length of which at least 0.61 metre shall be sunk in the ground.

Rule - 8.System of single boundary marks when to be introduced.

In villages where not less than half the number of holders of land therein desire it, a system of single boundary marks may be introduced, in place of those specified in Rules 3 to 5. Such Single boundary marks may be of the following description.

(1)     Stones not less than 0.91 metre long and 0.18 metre square embedded in rubble and mortar with not more than 0.30 metre above the ground level.

 

(2)     Masonary pillars of cement, mortar or burnt brick in cement mortar 0.30 metre square and 0.91 metre high of which 0.61 metre should be embedded in the ground with the foundations stepped down.

 

(3)     Of such other description as may be approved from time to time by the State Government.

One such boundary mark shall be fixed at each corner of a suvey number and at each bend and in the middle of each boundary exceeding 252.46 metres in length.

Rule - 9.Cost of staff, materials and labour to be recovered from holder.

In order to cover the cost of any staff employed for determining the position of single boundary marks, fee not exceeding the following scale may, if the Collector so directs, be recovered from the holder of each survey number, in addidtion to the cost of materials and labour.

Survey numbers on which the land revenue assessed is less than Rs 10- Rs.2.

Survey numbers on which the land revenue assessed is Rs. 10 or more-Rs. 4 :

Provided that, in cases of survey numbers, which have been already divided into sub-divisions, the fees and cost levied under this rule shall be distributed amongst the holders of sub-divisions in proportion to land assessed on each sub-division.

Rule - 10.Determination of responsibility for maintenance of boundary marks.

(1)     The responsibility of the several land holders for the maintenance boundary marks on a common boundary lies on the holder of the survey number which is numerically lowest:

Provided that, the Collector may declare two or more holders jointly responsible for the maintenance of boundary marks or make distribution as appears equitable or may recognise the existing customary distribution. His decision shall be recorded in the survey papers :

Provided further that, where any survey number is unoccupied or assigned for public or Government purpose, the responsibility for repair of the marks on its periphery shall lie on the landholder on the otherside of the boundary except that where the marks in disrepair lie between survey numbers each of which has no holder except the State Government, repairs shall be made at Government expense; and in such cases the village Kotwals shall be responsible for their maintenance.

(2)     Within each survey number, the holder or holders of each sub-division are responsible for the marks, if any have been prescribed, on the periphery of that sub-division to the same extent as the holder or holders of survey numbers are responsible under sub-rule (1) .

 

(3)     A mark which is on the common boundary of two or more villages shall be repaired by the holders of the land in the village which is under restoration when the marks found out of repair.

Rule - 11.What boundary marks to be considered out of repair and how to be repaired.

The following boundary marks shall be considered out of repair, and shall be repaired in the manner prescribed for each kind, as follows, namely.

(1)     A continuous mark (strip, sarbandh, dhura, hedge or any like mark) if it deviates more than 0.91 metre from the true straight line of the boundary. A boundary strip of less width than that prescribed in Rule 4. Mode of repairs : Either the deviation shall be rectified or the continuous mark not being a boundary strip must be replaced or supplemented by discontinuous marks. The boundary strip shall be made 0.46 metre or 0.23 metre wide and 0.61 metre high throughout.

 

(2)     Any conical mound or cairn less than 0.76 metre in height and 1.83 metres in diameter at the base. Mode of repairs : It shall be raised to 0.91 metre in height and 1.83 metres in width at the base.

 

(3)     Any rectangular mound less than 0.61 metre high or less than 1.52 long and 1.22 wide at the base. Mode of repairs : The mound shall be raised to full dimensions, that is 0.76 metre high, 1.83 metres long and 1.52 metres wide at the base.

 

(4)     Any mound, conical or rectangular, within 1.22 metres of which earth has been dug for repairs, and such excavation has affected the stability of the mark or allows water to lodge. Mode of repairs : The excavation shall be filled up.

 

(5)     Any pillar (i) less than 0.30 metre square or 0.69 metre in depth, (ii) broken down, or (iii) rising less than 0.10 metre or more than 0.23 metre inches clear above the adjacent ground level. Mode of repairs : (i) Replace by one of proper dimensions, (ii) rebuild, (iii) raise the pillar or clear away or make up the ground.

 

(6)     Any stone less than 0.61 metre long and 0.15 metre thick. Mode of repairs : A stone of proper size shall be substituted.

 

(7)     Any stone out of the ground or buried less than two-thirds of its length and loose. Mode of repairs ;- The stone shall be replaced or fixed firmly.

 

(8)     Any mark considerably out of proper position or so repaired or erected as to indicate a materially incorrect line of boundary. Mode of repairs : The mark shall be correctly placed.

 

(9)     Any mark overgrown or surrounded by vegetation of any kind so as not to be easily visible. Mode of repairs: The vegetation shall be cleared away, untill the mark is easily visible.

 

(10)   Any sarbandh, dhura or continuous embankment less than 0.61 metre high and 1.22 metre wide at the bottom. Mode of repairs : The sarbandh shall be made full 0.61 metre high and 1.22 metre wide at the bottom throughout, unless the occupant prefers the substitution of authorised discontinuous marks.

 

(11)   Any hedge or other continuous marks which by reason of want of continuity or disrepair fails to define the boundary. Mode of repairs : The necessary renewals shall be made or other authorised marks substituted.

 

(12)   Any boundary strip or ridge which has been ploughed up or otherwise obliterated, or the dimensions of which are less than those prescribed by Rule 4. Mode of repairs : The landholder shall be ordered to restore the strip or ridge within a prescribed period by leaving it unploughed and undisturbed, and on his failure to comply, he may be punished with fine not exceeding one thousand rupees as the Collector may, after giving such person an opportunity to be heard, deem fit to impose.

 

(13)   Missing marks. Mode of repairs. New marks shall be erected: Provided that, in nay case, where a boundary mark cannot, owing to flooding of a nala, or river, the breaking away of the bank or other causes be kept in repair, another kind of authorised mark may be substituted. Where even that is impracticable, the direction of the boundary shall be fixed by a pair of discontinuous marks erected at an adequate distance back from the abandoned position, either both on the same side, or one on each opposite side thereof.

Rule - 12.What survey marks to be considered out of repair and how to be repaired.

The following survey marks shall be considered to be out of repair and shall be repaired in the manner prescribed for each kinds as follows.

(1)     Any stone less than such size as may from time to time be prescribed by the Director with a cross-cut on the head. Mode of repairs : A stone of proper size shall be substituted.

 

(2)     Any stone out of the ground or displaced from its correct position or buried less than two-thirds of its length and loose. Mode or repairs : The stone shall be replaced or fixed firmly at its correct place.

Rule - 13.Demarcation of boundary marks on application:-

(1)     If the holder of, or any person interested in, a survey number or a sub-division, wishes to have it demarcated and boundary marks constructed thereon, he may apply in writing to the Collector.

 

(2)     The application shall be accompanied by fees according to the scale prescribed from time to time in that behalf by the Director.

 

(3)     On receipt of the application, the Collector shall cause the survey number or sub-division to be measured by the District Inspector, and get the boundary marks fixed thereon in accordance with the provisions of these rules, on the basis of measurements noted in the land records.

 

(4)     The cost of material and labour incurred for fixation of boundary marks shall be paid by the holder of the survey number or sub-divisions.

Increase in Land Measurement Fee:

The land measurement fees have increased by the Commissioner and Director, Land Records, Pune. The change in land measurement fee have been issued by Order No. LR/227/ CR/3926/Land-3/2001, dated 30th October, 2001.

ORDER

The order issued by this office under No. LR 227/CR/3926/S-3, dated 4th February, 1999 under rule 13 sub-rule (2) of the Maharashtra Land Revenue (Boundary and Boundary Marks) Rules, 1969 are hereby cancelled and following orders are issued.

1.        Considering the financial position of the Government, improved pay scale of Government Servants, increase of Dearness Allowance of Government Servants from time to time, so also considering the desire that land measurement fees for Jirayat and Bagayat must not be the same but different and also in order to increase Land Revenue Income of the Government, it was keenly felt that there should be considerable increase in the land measurement fees. Considering all these factors the present rates of land measurement fees are hereby increased as shown below and will come into force from 1st November, 2001.

Improved land measurement rates

2.        Simple Measurement

3.        Urgent :

4.        Most Urgent :

5.        In case the extracts of V.F. No. VII-XII enclosed with the application and for which measurement is sought for is found to be in parts that is unmeasured Pot Hissas then in each such cases all the Pot Hissas should be got measured and the measurement charges of all the Hissas and Pot Hissas are to be charged and recovered at the above shown rates. In addition thereto for each hissa or pot hissa thus measured (upto 1 Hector of Land) the measurement fee of Rs. 500/- be got recovered from the applicant.

6.        The above shown measurement fee rates are applicable to all kinds of land measurements (Fixation of Boundaries, Non-agricultural, Classification of the land, corrections of the land records etc.)

 

7.        Revisit Fee:

If on the request of the applicant the measurement work was postponed and if the measurement work is to be completed by revisiting the site then in such cases for each such revisit the applicant is required to pay measurement fee again that is 50% in respect of Jirayat lands and 75% in respect of Bagayat lands. In case of revisit in city survey area revisit fee will be 75% in respect of Mahanagar Palika and Municipal areas and 50% in respect of other areas.

8.        If the applicant has credited to Government Measurement Fee for ordinary or urgent measurement at the time of making application and if applicant afterwards wanted to get his land measured urgently or very urgently, then in such an eventuality the difference of the amount should be got credited from the applicant.

 

9.        High level inspection:

9.1. When the applicant wanted to get the land already measured by the Surveyor or Senior Surveyor again inspected at the Higher level then in such case of re-measurement the fees fixed are three times the already credited measurement fee.

9.2. If the measurement of land carried out at the higher level by the Taluka Inspector of Land Records or City Survey Officer is desired to be again examined at more high level that is from the level of Superintendent of Lands Records then the re-measurement fee will be five times of the already credited measurement fee.

10.     Copy of the Measurement Map:

The detailed document of the land measurement carried out by the Surveyor or the Senior Surveyor is to be issued under the Signature of the Shirastedar or Assistant Shirastedar of the Head Office, in this the M. R. Number should be shown prominently. But there should be Signature of the Taluka Inspector of Land Records or of the city survey on the reply letters sent to the applicants.

10.2. Re-measurement of land carried out as indicated above in Para 9.1 and 9.2, even if there may not be any change in the previously carried out land measurements the entry must be made under the Signature of the concerned officer in re-measurement (i.e. Nirmtara) Register and applicant be supplied the copy of the C-6.

11.     In Civil Court Commission's partition of land cases the land measurement required to be carried out on priority basis. So in such cases the measurement fees should be got recovered at very urgent basis as indicated above.

 

12.     Land Acquisition measurement fee:

In cases of measurement of land, to be acquired, the measurement fee at the very urgent rates should be got recovered from the Land Acquiring Body. The challan crediting measurement fee amount should be obtained before land acquisition case is sent to the Land Acquisition Officer.

13.     This order is to be implemented from 9th November, 2001. To the applications received before this date the above measurement rates will not be applicable. But on 1st November, 2001 and thereafter the land measurement cases and application received thereafter the above rates are applicable.

Rule - 14.Survey officers to furnish details of boundary marks to Collector.

On the introduction of a survey settlement or survey for the record of rights or of final town planning scheme or improvement scheme or a scheme for the consolidation of holdings under the provision of the Code or of any law for the time being in force in the State, the Superintendent shall furnish to the Collector a map, scheme and statements showing the position and description of the boundary marks erected or laid down by or under the orders of the Director. It shall be the duty of the Superintendent to amend these maps in accordance with any subsequent alteration of boundaries in a revision survey or any other authorised occasion.

Rule - 15.Plan for straightening of crooked boundaries.

(1)     A copy of the plan prepared by the District Inspector for the purpose of straightening or regularising the boundary under Section 137 shall be published in the village by the district Inspector at the chavdi or other prominent place in each village in Marathi and in the office of the District Inspector. It shall also be proclaimed in the village by beat of drums that a plan for straightening or regularising the boundaries is prepared and published and that objections, if any, should be submitted to the District Inspector within 15 days from the date of publication of the plan and its proclamation. An individual notice will also be served on the person interested as ascertained from the Record of Rights.

 

(2)     In revising the boundaries, the District Inspector shall take into consideration the natural line of the land on both the sides of the boundary line and the proportionate benefit that may accrue in the interest of better cultivation and the reduction in the number of boundary marks by the proposed regulation of straightening of boundaries.

 

(3)     (a) The village committee to be constituted under sub-section (1) of clause (a) of sub-section (4) of Section 137 shall consist of, if the number of persons who suffer loss of land on account of the revision of boundary under sub-section (2) of Section 137 including the applicant (hereinafter referred to as "the persons interested"),

(i)       does not exceed ten, three members;

 

(ii)      exceeds ten but does not exceed twenty, five members;

 

(iii)     in any other case, seven members.

(b) No person shall be eligible to be elected on the committee unless such person is ordinarily residing in the village where the field or holding whose boundary is being revised is situated, and his name appears in the electoral roll of the Maharashtra Legislative Assembly prepared under the provisions of the Representation of the Peoples Act, 1950, and in force on the date of the election for such part of the constituency of the Assembly as is included in such village.

(c) Not later than seven days before the date on which an election is to be held, at a meeting of persons interested held in this behalf the District Inspector shall issue a notice to the persons interested in Form 'A'.

(d) Not less than two hours before the time fixed for the meeting for the election of members of the village committee, the persons interested nominate any person who is eligible for being elected as a member of the village committee by delivering to the District Inspector a nomination paper duly completed in Form ‘B’.No person interested shall nominate more persons than the number of persons to be elected for constituting the village committee.

(e) After the commencement of the meeting, the District Inspector shall scrutinize all nomination papers delivered to him under sub-rule (d) and read out to the meeting the names of persons who in his opinion have been duly nominated together with those of their proposers.

(f) Where the number of candidates duly nominated is equal to the number of persons to be elected, the District Inspector shall forthwith declare all such candidate to be duly elected to the village committee.

(g) Where the number of validly nominated candidates exceeds the number of persons to be elected, the District Inspector shall declare the candidates who stand among the first three, five, or as the case may be, seven candidates according to the number of valid votes obtained by them to have been duly elected. When an equality of valid votes is found to exist between any two or more candidates and the addition of one vote will entitle any of them to be declared elected, the determination of the candidate to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn by the District Inspector in such manner as he may determine.

(h) The District Inspector shall, for the purpose of holding the election under the preceding sub-clause cause, the ballot paper to be prepared in the following form.

BALLOT PAPER

Signature of

District Inspector.

Ballot paper shall be duly signed by the District Inspector and shall be handed over to the persons interested.

(i) Each person interested shall be entitled to cast such number of votes as is equivalent to the number of candidates to be elected. The person interested shall record his vote by marking the cross (X) against the name of the candidate for whom he wishes to vote, fold the ballot paper so as to conceal his vote and insert the folded ballot paper into the box with a slit kept for the purpose at the place of the meeting. The ballot paper shall not be signed by the voter nor he marked by him in any other way that would reveal his identity.

(j) A voter who has inadvertantly dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may on returning it to the District Inspector and on satisfying him on the inadvertence obtained another ballot paper and the ballot paper so returned shall be marked spoiled cancelled by the District Inspector. All such cancelled ballot papers shall be kept in a separate packet.

(k) The decision of the District Inspector on any matter connected with the election shall, subject to an appeal to the Superintendent of Land Records to be made within seven days from the date of the election, be final.

(4)     The District Inspector shall select one of the members of the village committee to be the Chairman of the Committee. The village committee shall meet as and when required by the District Inspector and shall decide the amount of compensation payable by and recoverable from each person by a majority of votes of the members present and voting. The Chairman shall have a casting vote in case of equality of votes. The quorum for a meeting shall be three.

 

(5)     Where the persons concerned failed to elect the representatives, the District Inspector shall, after recording the reasons in writing, nominate the representatives to the village committee.

 

(6)     The committee shall stand dissolved after the amount of compensation payable is determined by the Committee.

Rule - 16.Programme for repairs of boundary marks and survey marks:-

(1)     A quinquennial programme for the repairs of the boundary marks and survey marks shall be fixed sufficiently in advance by the Collector, who shall send copies of the programme to the Director. In selecting the villages for the programme, the Collector shall select them by Circles so that each Circle Inspector will have 8 to 10 villages or such number as the Collector may determine in his charge for this work, every year.

 

(2)     In villages where boundary marks are due for the repairs in accordance with the programme fixed under sub-rule (1) , a general notice shall be given by the Tahsildar not later than 1st November, stating that the boundary marks and survey marks are due for repairs, intimating what the authorised marks are and asking the holders to take necessary steps to complete the repairs by 30th November next following. This date shall apply both to the Khariff and Rabi villages. The notice shall be pasted in the chavdi and published by beat of drum.

 

(3)     Between 1st December to 31st December, the Circle Inspector accompanied by the Talathi and as many holders as possible, shall Jointly inspect every boundary or survey mark in each survey number in the village and shall prepare a list of defective or missing marks. The Talathi shall thereafter issue individual notices to the holders concerned in Form ‘C’, requiring them to carry out the repairs within a period of one month from the date of notice, failing which the repairs would be carried out by Government at the cost of the holders.

 

(4)     After 31st December, the Talathi shall proceed to check about the repairs to the marks actually carried out by the holders as required by the notice under sub-rule (3) ; and shall strike off from the list of defective and missing marks, all the marks which are duly repaired or constructed. Not later than 1st February, the Talathi shall submit to the Circle Inspector an amended list of marks which are still to be repaired or constructed, and simultaneously give a notice to the holders of survey numbers of subdivisions included in the amended list asking them to select a contractor to repair or reconstruct the marks within ten days of the notice. If a contractor is selected, the Talathi shall get the work completed before the 3lst March next following.

 

(5)     If no contractor is selected by the holders, the Talathi shall send a report to the Tahsildar through the Circle Inspector before the 15th February for taking requisite orders. On receipt of such a report, the Tahsildar may, after such enquiry as he may consider necessary, order the Talathi to have the marks repaired or constructed either by hired labour or through a contractor to be appointed by the Tahsildar so as to complete the work before 31st March and recover the cost from the holders concerned.