THE MEGHALAYA LAND SURVEY AND RECORDS PREPARATION RULES, 1982[1] (1) These rules may be called the Meghalaya Land Survey and Records
Preparation Rules, 1982. (2) They shall come into force at once[2]. In these rules unless there is anything repugnant
in the subject or context (a) "Act" means the Meghalaya Land Survey and Records Preparation
Act, 1980. (b) "Form" means a form appended to these rules. (c) "Rules" means the Meghalaya Land Survey and Records
Preparation Rules, 1982. (d) Words and expressions used in these rules and not defined but defined in
the Act shall have the meaning respectively assigned to them in the Act. (1) The register to be maintained by the Survey Officer in respect of all
surveyed lands shall be in Form 'A' where there is no dispute as to the
ownership, boundaries, possession or other rights and in Form 'B' where there
is any such dispute. (2) The detailed survey maps shall be to the scale of 1 : 4000 in case of
village lands and 1 : 1000 in case of town lands. Explanation. "Town Land" means any land
within a municipality or a notified area under the Meghalaya Municipal Act
(Assam Municipal Act, 1956 as adapted by Meghalaya) or a land within a Town
Committee constituted by a District Council or any other land declared by the Government
to be town land under these rules. "Village land" means any land
other than town land. (3) Possession or occupation of any land in violation of any law in force
shall be recorded in column 5 of Form 'B'. For the purpose of classification under these rules the following shall be the different classes of land,
namely (1) Town Lands (a) Residential Sites : (i) First Class; (ii) Second Class; (iii) Third Class; (b) Trade Sites : (i) Special Class; (ii) First Class; and (iii) Second Class. (2) Village lands (i) Homestead; (ii) Wet paddy land; (iii) Dry or High paddy land; (iv) Horticultural; (v) Miscellaneous crops; (vi) Waste or follow land; (vii) Rocky and stony land; Explanation. First class residential sites are
those which have high rental value, enjoy locational advantage like proximity
to main roads, shopping centres, educational institutions, hospitals and
dispensaries. Second class residential sites are those which have
similar advantages as those of a first class residential site but of a lesser
value. Third class residential sites are those which are other than first and
second class residential sites. Special class trade sites are those which are
located in a predominantly commercial area, have good communi-cation links, are
fit to be utilised for permanent trading or commercial activities and have high
rental value. First class trade sites are those which are located
in a lesser predominantly commercial area, have less trade activities than
special trade site and have relatively less rental value. Second class trade sites are those which are
neither special class nor first class trade sites. Wet paddy lands are those which have either been
irrigated or can easily be made to enjoy irrigation facilities. Dry or high paddy land are those where there is no
possibility of having irrigation facilities. Horticultural lands are those which are used for
permanent fruit gardening like orchards, etc. Miscellaneous crop lands are those where mustard,
dal, ginger, potato, etc., axe cultivated. Waste or fallow lands are those which are lying
un-cultivated. Rocky or stony land are those lands which are full
of rocks and stones and which are not cultivated. (1) On completion of detailed survey and preparation of a register referred
to in Rule 3 for every village, the Survey Officer shall forward the maps and
the registers to the Director for having the records of land prepared by the
Revenue Enforcement Inspector. (2) The Revenue Enforcement Inspector shall, after complying with the
provisions of Section 12 of the Act, enter the records in a register to be
maintained in Form 'C and the same and other relevant documents including
objections filed by any person shall then be forwarded to the Director. (3) Any possession or occupation of land in violation of any law for the
time being in force shall be reported by the Director to the appropriate
authority for action under the appropriate law. (1) In all cases of disputes regarding boundary, ownership, possession,
rights and title to or interest in the land so surveyed which cannot be
disposed of by the Director under Section 13 of the Act, the Director shall
refer the disputes to the Civil Court of competent jurisdiction for decision,. (2) The party in whose favour the Civil Court decides shall obtain a
certified copy of the court's order and produce the said copy to the Director
for entering the party's name in the record of land: Provided that, when the Civil Court gives its
decision after the survey and record preparation operation is over, the party
in whose favour the court decides shall produce the certified copy to the
authority specified under Rule 15 (1) for entering the party's name in the Register. (1) For confirmation of the records by the State Government, the Director
shall forward to the State Government a copy of register prepared under Rule 5 along
with relevant maps. (2) On receipt of the confirmation, the Director shall cause to be prepared
sufficient copies of the register and maps; one copy each of the register and
map shall be made over to the concerned Deputy Commissioner, Sub-Divisional
Officer, the Officer-in-charge of the Administra-tive Unit and the District
Council under whose jurisdiction the village is situated. One copy each shall
also be sent to the Director of Land Records and two copies to the authority
specified in Rule 15(1). The original records shall remain with the Directorate
of Surveys. (3) It shall be the responsibility of the authorities referred to in
sub-rule (2) to maintain the registers and maps in proper and safe custody. Certified copies of the extracts from the entries
in the records of lands may be supplied to any person on application made by
him to the Deputy Commissioner or the Sub-Divisional Officer under whose
jurisdiction the land is situated or the authority specified in Rule 15 (1).
The application shall be accompanied by a fee of Rupee one and paise twenty
only. (1) Any person required to attend before the Director under Section 5(2) of
the Act shall be paid Rupees ten per day plus the actual bus fare if the
distance travelled is beyond eight kilometres. (2) Cost of materials and other expenses referred to in Section 7(1) of the
Act shall be paid at the rates prevailing in the locality. (3) Cost of labour supplied shall be according to rates fixed by the State
Government. The assessment of compensation referred to in
Section 9 of the Act shall be made by the Director in consultation with the
concerned Divisional Forest Officer, District Agricultural Officer, Officers of
the District Council or any other officer concerned in respect of trees and
crops. (1) Where the village has been surveyed or is to be surveyed temporary
boundary marks shall be erected at every point where the boundaries of three
villages meet and on two subsequent traverse stations of the trijunction. The
nature and specification of the temporary boundary marks shall be decided by
the Director in consultation with the Survey Officer. The temporary marks shall
be replaced by permanent boundary marks before the conclusion of survey operation. (2) Permanent boundary marks shall be of the following specifications R.C.C. Prism triangular cross section prop 1:2:4;
main rod is 12 mm dia., M. S. 6 mm. Stirrup 15 cm. c/c/ stone chips should be 20 mm. down graded including 40 mm. thick first
class local wood plank shuttering complete curing to be made at least 10 days.
Casting to be done up to G.L. and M.S. Rod to be kept projection 45 cm. in
length to make foundation of the pillar. Foundation of the pillar R.C.C. foundation of 20 cm x 20 cm x 45 cm in
proportion 1:3:6 (1 cement 3 sand and 6 stone chips) stone should be 20 mm.
down graded. (3) Marks erected to show demarcation of other village boundaries or for
other special purposes viz. demarcation of disputed boundaries, Government
land, etc., shall also be re-inforced cement concrete 60.96 cm in height made
into a prism of square being 10.16 cm in length. (4) The survey officer shall maintain a register of all boundary marks so as
to ensure they are maintained and kept in good condition. (1) No appeal petition shall be entertained unless a fee at the prescribed
rate is paid and is accompanied by a certified copy of the order appealed
against. (2) The appeal petition shall contain among other things (a) The date of the order appealed against; (b) The name and designation of the officer who passed the order; and (c) The grounds of appeal briefly but clearly set out. (3) A Register of Appeals shall be kept by every appellate authority. (1) A fee of rupees eleven only shall be paid in respect of any appeal
petition made to the Director or to the Meghalaya Board of Revenue as the case
may be. (2) All fees payable under these rules shall be in Court Fees Stamps. (1) Every sum due under these rules shall be recoverable as arrear of land
revenue and shall be paid to the Deputy Commissioner or Sub-Divisional Officer
within whose jurisdiction the land is situated. (2) Notice of recovery shall ordinarily be issued by and under the seal of
the Deputy Commissioner, Sub-Divisional Officer or Extra Assistant Commissioner as the case may be. (1) The State Government shall specify by notification the authority that
shall be responsible for the updating of land records for each area, District
or Sub-Division. (2) The authority specified under sub-rule (1) shall keep one copy each of
the maps and register of each village in a proper Record Room under the charge
of an officer not below the rank of an Assistant Revenue Enforcement Inspector
or Supervisor Kanungo. Under no circumstances shall the records be removed out
of the Record Room. One copy of each of the same maps and Registers shall be in
the charge of an officer not below the rank of a Revenue Enforcement
Inspector/Revenue Officer who shall be responsible for the making of the
records up-to-date as a working copy. Whenever it comes to the notice of the authority
specified in sub-rule (1) of Rs. 15 that any change has occurred which affects
any entry in the Registers and renders it necessary that alterations be made
thereto the specified authority, after making such enquiry as may be necessary,
shall make such alteration : Provided that no such alteration shall be made
without giving due notice to the holder, owner or occupier of the estate and to
every person whose name is proposed to be registered as holder, owner or
occupier of such estate before such registration is effected, and any objection
which may be preferred within 15 days from the date of service of notice
against the proposed change or registration, shall be duly considered by the
specified authority before the change or alteration is made. (1) The application for alteration in the records shall be made in Form
"D" to the authority specified in Rule 15 (1) on payment of fee of
rupees three and fifty paise in Court Fee. (2) Due notice shall be given to the recorded holder, owner or occupier of
the estate which the mutation will effect and to every person whose name is
proposed to be mutated before such mutation is effected and any objection
preferred within 15 days from the date of service of notice against the
mutation shall be duly considered before mutation is given to. Any alteration of any entry in the Register under
Rules 16 and 17 shall be given effect to in the working copy of the Register
maintained under sub-rule (2) of Rule 15. The Officer-in-charge of the working
copy of the Register shall after making changes or alteration as above, supply
all information of the change or alteration to the officer-in-charge of the
Register in the Record Room who shall likewise make the necessary correction in
the Register. A copy of the information as above may also be sent to the Deputy
Commissioners/Sub-Divisional Officers and District Councils concerned and to
the Directorate of Land Records. The Registers and maps in the Record Room shall be
kept in the manner as directed by the State Government from time to time.THE MEGHALAYA LAND SURVEY AND
RECORDS PREPARATION RULES, 1982