UTTARAKHAND ABADI SURVEY AND RECORD OPERATION RULES, 2020

PREAMBLE

In exercise of the powers under clause (b), (e) and if) of sub-section (1) of Section 234 of the U.P. Land Revenue Act, 1901 read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Board of Revenue, Uttarakhand hereby makes the following rules with the previous sanction of the State Government;

CHAPTER I PRELIMINARY

Rule - 1. Short title and commencement.-

(1)     These rules may be called the Uttarakhand Abadi Survey and Record Operation Rules, 2020.

(2)     It shall come into force from the date of publication in the Official Gazette.

Rule - 2. Definitions.-

In these rules, unless there is something repugnant in the subject or context.

(a)      "abadi" or "rural abadi" means such area which is recorded or reserved for the purpose of abadi in the land map of abadi in the last settlement or consolidation settlement;

(b)      "survey form" means forms appended in the Appendix I of these rules;

(c)      "Act" means the Uttar Pradesh Land Revenue Act, 1901;

(d)      "abadi plot" means such plot which is recorded or reserved in, the Record of Rights and mentioned in map prepared and preserved for abadi purpose under the provisions of Uttar Pradesh Land Revenue Act, 1901;

(e)      'plot' means the abadi plot displayed in land map prepared after the survey of area determined for the, Abadi purpose;

(f)       'Rules' means the rule mentioned in these rules;

(g)      'section' means the section mentioned in Uttar Pradesh Land Revenue Act, 1901;

(h)     'survey plot' means the plot recorded in records of rights and map prepared and preserved under the provision of Uttar Pradesh Land Revenue Act; 1901;

(i)       'Record Officer' means collector of district and Assistant Record officer Sub-Divisional Magistrate of the concerned tehsil, unless any other officer designated as Record Officer or Assistant Record Officer by the State Government under Section 49 of the Act.

(j)       'Board' means the Board of Revenue

(k)      'technical agency' means the agency, nominated by the State Government for survey work.

Rule - 3. Publication of notification for survey and record operation.-

(1)     The Board may, on demand made by the State Government for the survey of abadi and record operation in any district or local area or village abadi in the State under Section 48 of the Uttar Pradesh Land Revenue Act, 1901 or send proposal of general or special notification to the State Government.

(2)     The State Government on receiving proposal from the Board or otherwise if considers that the general or partial survey and record operation of Abadi of any district or other local area or village Abadi or of both shall be done, it shall publish the notification in survey Form No I, under Section 48 of the Uttar Pradesh Land Revenue Act, 1901,

(3)     The notification to be issued by the Government under Section 48 of the Act shall be published in the following manner, namely.

(1)     In official Gazette;

(2)     in the offices of District Magistrates/District Record Officer, Assistant Record Officer and concerned Sub Divisional Magistrate;

(3)     Shall be uploaded on the website of the Government and Board of Revenue;

(4)     In the affected area in such manner as may be prescribed by the Board.

Rule - 4. Proceedings to be done after issuance of notification.-

(1)     On the issuance of notification for survey and record operation, a network of reference points for G.I.S. mapping by modem technique/techniques for survey shall be established by the technical agency authorised by the Government.

(2)     The Collector/District Record officer after the notification of survey of abadi and record operation, issued by the State Government, shall issue the notice of program regarding the survey to be done in the villages of his district in survey Form No. 2 and shall make available the updated revenue record, and other records (one set of Khatuni, Khasra, map and Zild Bandobast (settlement file) etc if available) of related village to the concerned Assistant Record Officer. The Assistant Record Officer, by making coordination with the nominated officers of technical agency and officers of other departments shall inform the concerned by mentioning the activities of survey program and the time to be involved.

(3)     Appropriate action shall be taken by the technical agency, determining the place in the selected group wise village or local bodies for abadi survey.

Rule - 5. Determination of survey and meeting date.-

(1)     The Assistant Record Officer shall determine the phased dates of survey activities in every village or local bodies and shall inform the Panchayatiraj Department, the concerned technical agency and the officer of other concerned department for knowledge of these activities.

(2)     The meetings of Gram Sabha or local body shall be organized in respected villages local bodies in the direction of the officers of the concerned department. The information of conveying the meeting shall be given to villagers at least one week before in survey Form No. 3. The information of meetings shall also be given to the concerned Station Officer (Police Inspector).

(3)     In the meeting, manner of survey, survey activities and its procedure and the benefit from survey shall by informed to the villagers. Wide dissemination of survey shall also be made in the area.

Rule - 6. Constitution of survey teams.-

(1)     The Assistant Records Officer shall constitute survey teams for the survey of village or local body, as per necessity in which the Lekpal, Village Panchayat Officer Nillage Development Officer of respected village or local area shall essentially and the employees of other department shall also be included as per necessity.

(2)     Every team shall do survey work in stipulated time in the allotted village or local body as prescribed by the assistant records officer.

(3)     Under the control of Assistant Records Officer, the Survey Kanongo, with the records provided by the Assistant Records Officer, team constituted by him and with the coordination of the team nominated by the technical agency shall with modem technique do survey work of abadi area of the village.

(4)     The supervision of the work of the team constituted by the Assistant Records Officers shall be done by the concerned Nayab Tahsildar/Tahsildar.

CHAPTER II SURVEY WORK

Rule - 7. Survey and manner of demarcation.-

(1)     Firstly, the plot/boundaries of plots displayed in the land maps of the last settlement or consolidation settlement of village or local area shall be marked on the spot by the survey team. The boundary of abadi area shall be marked by putting lime (chuna) or any other method.

(2)     The survey of every abadi plot shall be done in the ascending order. The measurement shall be done by the State Government or through technical agency by modem survey method and machines with the prior approval as the State Government.

(3)     The survey team constitute by the Assistant Records Officer shall examine the structure of abadi categories and sub-categories of abadi area of village or local body according to Annexure II and will see that which place is vacant and the determination of the boundary is not physically seen, and shall mark its boundary by lime line or any other method with the help of Gram Panchayat/Bhumi Prabandhak Samiti (Land Management Committee). The determination/demarcation of the boundaries of survey land/survey area/structure shall be made in the following manner-

(a)      by partition of joint vacant properties.

(b)      by determining the courtyard boundary of the house of a particular person

(c)      by determining ends/corners of drains after the courtyard.

(d)      by determining boundaries of road, lane, ways etc.

(e)      by marking of pillars, transformers, hand pumps, well, etc.

(f)       by marking land of water/gas pipe line, electricity line, sewer line, railway line, etc.

(g)      by determining the boundaries of lands adjacent to public places, temples, Devstathan, Mosque, Gurudwara, etc.

(h)     by determining the boundaries of plots invisible by trees sheds/buildings; in aerial survey.

(i)       by determining the boundary of any vacant land of any other government/private/community.

(4)     The work of lime lining/marking of boundary of the boundary of land properties shall be generally tried to be completed within 5 days.

(5)     After demarcation or marking all the place of the abadi area of village or local body, by the timeline, the officer appointed for this work by Nayab Tahsildar/Tahsildar or Assistant Records Officer shall give information to Assistant Records Officer, technical agency, officer of other concerned department and concerned Station Officer (Police Inspector) one day before the date of survey for the village or local body ready for survey.

Rule - 8. Deployment of team for assistance of survey work.-

(1)     On the date fixed for survey, the desired information and photograph of the abadi area of the village or local body shall be taken by the officers of technical agency by modem techniques through aerial inspection etc. The survey team shall also be with every technical team and shall keep watchful eye so that no person shall destroy the lime line/border mark. At the time of survey process, necessary police force shall be deployed for the assistance of technical and survey team.

(2)     The team appointed by the Assistant Records Officer shall present in village or local body during survey and shall keep watchful eye so that no person shall destroy lime line/border mark,

Rule - 9. Preparation of survey map.-

The picture of abadi area taken for survey by the technical agency by modem technique and on the basis of digital information, such initial survey map per government necessity shall be prepared from the data in which, longitude and latitude of every plot or structure is fixed according to sub-rule (3) of Rule 7 on the basis of geostatic system. The copy of this initial survey land map-I shall be provided by the technical agency to Assistant Record Officer.

CHAPTER III PREPARATION OF THE RECORDS

Rule - 10. Numbering of the plots.-

(1)     In the initial survey land map-1 the every plot of abadi area shall be numbered in order, which shall begin from north west and end in south east. The initial property record survey Form No. 4 shall be prepared on the basis of the numbers of these abadi plots.

(2)     In the case of partition of the numbered plot in future, it shall be numbered in the fraction and partition shall also be displayed in the map.

Rule - 11. Verification of land-map.-

(1)     The facts mentioned in initial property record Survey Form No. 4 shall be included in the land map by the technical agency, thereafter the revised Survey Land-Map-2 shall be made available to the Assistant Record Officer.

(2)     The complete verification of initial property record and Survey Land-Map-2 shall be done by the survey kanongo by gathering more and more residents and Gram Pradhan in their presence by reading the records and by explaining the every entry of the said record to the owner of the respective property. (The entry of identified errors and disputes or the claim made shall be made in the error and dispute list of Survey Form 5).

The survey Nayab Tahsildar shall also examine up to 25 per cent related entries of the initial property record and shall verify it from relevant records.

Rule - 12. Inspection of the property.-

After the verification as prescribed in Rule 11, the Survey Kanongo as far possible by gathering Gram Pradhan and more and more property owners and other residents of village shall inspect every property at the spot, in their presence.

(The entry of identified errors and disputes or claim made shall be made in the error and dispute list of Survey Form 5).

Rule - 13. Rectification of errors by the survey Nayab Tahsildar.-

(1)     In the records of Survey Form 5 the list of errors and dispute shall be made in two parts. In Part I clerical errors and in Part II the other errors and disputes found during inspection of properties and verification shall be included.

(2)     The Survey Nayab Tahsildar shall also examine up to 25 per cent of entry of examination of property entered in errors and dispute list The Assistant Records Officer shall also examine the sufficient numbers of entries to ensure the correctness made in the records.

(3)     The Survey Nayab Tahsildar after considering the previous land records of the village shall for rectification of clerical errors in the Part I of the Survey Form 5, wherever necessary pass an order under his signature.

Rule - 14. Issuing notice.-

(1)     The Survey Lekhpal shall prepare notice, regarding all properties in Survey Form 6 for the property owner holder. The Survey Kanango shall examine all notice and minimum 25 per cent of notices shall be examined by Survey Nayab Tahsildar for the purpose to ensure its correction.

(2)     For every property, the record receipt along with notice shall be issued to the concerned property owner holder under the signature of Survey Nayab Tehsildar.

(3)     The copy of notice and service of record receipt shall be kept in Survey Form 7.

(4)     The notices of lands regarding Government departments shall be given to the Head of departments of the district offices. The notices regarding the land related or vested in the Gram Sabha or any local authority, as the case may be sent to the Pradhan of Gram Sabha or to the office Head of the local authority.

(5)     Any property owner/holder or any other person, aggrieved from the entry in any account, may file its objection in writing to the Survey Nayab Tehsildar, within 21 days of the service of notice mentioning the ground of objection.

(6)     The office copies of the notices issued shall be kept in general file for such time until it are made part of separate files.

Rule - 15. Entry of the objections.-

The entries of the objections received against the entries of the records receipt shall be made in Survey Form 8 in misilband register.

Rule - 16. Procedure of investigation by the Survey Nayab Tahsildar.-

(1)     The Survey Nayab Tahsildar, regarding disputes and claim and objection (other than clerical errors) received on the entries made in the property records, if any shall begin investigation from that village. He while making decision on disputes, on the basis of conciliation under Section 54 shall, record the conditions of conciliation in relevant column of errors and dispute list in Survey Form 5 in presence of minimum two members of Bhumi Prabandhak Samiti or two eminent persons/Gram Pradhan. The said conditions shall be read out to concerned parties and their signature/thumb impression shall be taken. The members of Bhumi Prabandhak Samiti presented or abovesaid person shall also sign on the conditions of the conciliation. Thereafter, the Survey Nayab Tahsildar by specifying the entries shall record the orders of decisions of the disputes on conciliation conditions in relevant column of Survey Form 5. No ex-parte order in absence of evidence shall be passed in relation to the land vested in the State Government or Gram Sabha, by the Survey Nayab Tahsildar.

(2)     Such disputes/suits which cannot be disposed by the Survey Nayab Tahsildar on the conditions of conciliation according to sub-rule (1) shall be referred to Assistant Record Officer for disposal. While doing so, the Survey Nayab Tahsildar may fix the date and place for the disposal of such dispute/suit by the Assistant Records Officer and may give information to the related parties presented before him and may issue the notice to the parties not present.

Rule - 17. The procedure to be adopted by the Assistant Record Officer.-

(1)     The entry of suits received from the Survey Nayab Tahsildar shall be made in misilband register in Survey Form 8 kept in the office of the Assistant Records Office.

(2)     On the date fixed under sub-rule (2) of Rule 16 or the subsequent date for this purpose, the Assistant Record Officer shall hear the parties and decide the objections.

(3)     Any person who is aggrieved from the order Survey Nayab Tehsildar under sub-rule (1) of Rule 16, may within twenty one days from the order, present appeal before the Assistant Records Officer.

(4)     Any person who is aggrieved from the order of Assistant Record Officer under sub-rule (2), may, within thirty days of the order present appeal before the Record Officer under Section 210 of the Act.

CHAPTER IV PUBLICATION OF THE RECORDS

Rule - 18. Mention of orders by the Survey Lekhpal and examination of revised record entries by the Kanungo/Nayab Tahsildar.-

(1)     The Survey Lekhpal shall mention the orders of Survey Nayab Tahsildar, Assistant Record Officer and Record Officer in initial property record Survey Form No. 4.

(2)     By the help of records prepared by the Survey Lekhpal, the clean writing typewriting of revised record shall be made in Form 9. The Survey Kanongo shall examine, hundred per cent and the Survey Nayab Tahsildar twenty five per cent of these entries. The Assistant Record Officer shall also examine the five per cent entries.

Rule - 19. Determination of unique code for plots.-

In final property record (Survey Form No. 9), for determining the unique code of plots firstly six digit code determined for every revenue village shall be kept, thereafter five digits of plot number of abadi, 'two digits for partition of plot and in the determination of one digit for abadi category and two digits for sub-category, a sixteen digits code shall be determined as follows-

for example-

(a)      Revenue village code-Six digit code for every revenue villages of the State is determined, as 213568.

(b)      Abadi plot number-In every village/local body area considering maximum 99,999 plots, according to. The number of plots five digit code shall be determined as 00125.

(c)      Sub-partition number-consideration maximum 99 in case of partition in future, two digit code determined, as 02.

(d)      Abadi category code-One digit code has been determined for abadi category according to Appendix-II the code of abadi category is fixed as 1, 2, 3, 4..................9 number of the land of every village/local body on the basis of the ownership.

(e)      For abadi sub-category-The land of abadi category has been fixed number 01.02.03 up to 9 on the basis of their utility, if on the basis of utility, no any sub-category is found any nature of abadi place, the next 02 digits is sub-category shall be determined by the Board.

(f)       As above said, unique abadi code of 16 digits shall be determined - as 213568-00125-02-1-01.

Rule - 20. Preparation of land map 3.-

(1)     The Survey Land Map-3 with latitude and longitude based on geological system including the arrangement of time stamping and updating of all types of structure of abadi categories and sub-categories shown in Appendix II, based on the ownership and use of abadi land in Residential Rights Records Survey Form 9 shall be prepared.

(2)     After the examination and rectification of map, if necessary it shall be carefully traced, matched and examined and then it shall be signed with date by the Record Officer or Assistant Record Officer, the designation of it shall be written as such below his signature. This map shall be called as Survey Land-Map 3.

Rule - 21. Keeping and preservation of the copies.-

The records prepared in accordance with to the foregoing rules may be called operational book. One copy each of it shall be accumulated in the record room of Collector, lekhpal, Gram Panchayat Office, record room of Board of Revenue at State level and Directorate of Panchayat. Initial property record form 4 shall also be accumulated in the record room of the collector. Its soft copy shall be preserved by the NIC.

Rule - 22. Submission of final report to the Board.-

After the completion of survey and record operation in district or any part of district, the final report with land map shall be submitted to the Board, by the Assistant Record Officer through Record Officer. In the report, all relevant subjects related to operation viz. purpose of operation, brief detail of land, manner applied, number of villages, included area and plot, time taken, difficulties which arises and other particular matters shall be clearly and concisely mentioned.

Rule - 23. Issuance of notification by the State Government.-

On the recommendations of the Board, the State Government may issue notification under Section 48, in which declaration of closing operation shall be made. After the issuance of this notification the work related to upkeep the land records shall be transferred to the Collector of the district.

CHAPTER V UPDATE OF THE RECORDS

Rule - 24. Computerization of the records and manner of providing copies.-

(1)     The property records prepared under these rules shall be computerized with pre-approval of the State Government.

(2)     A portal shall be developed for providing the computerized property records.

(3)     The operation, maintenance and data entry of the portal shall be done by such department of the State Government, who it authorise.

(4)     The copies of the extracts of computerized property records shall be provided to public on the payment of prescribed fee, by the Board, from the Panchayat offices, Tahsil office or Jan Suvidha Kendra, as prescribed by the State Government.

(5)     Online or offline arrangement shall be ensured by the concerned department for distribution of copies.

CHAPTER VI MUTATION OF ABADI PROPERTY

Rule - 25. Mutation of abadi property and manner of getting relief.-

(1)     The orders passed by the competent court regarding the mutation of abadi properties by sale, donation, bequest exchange etc (excluding undisputed succession) or in any other manner shall be complied in computerized property records (Survey Form No. 9) by the Assistant Records Officer and in Survey Land Map-3 by the District Records Officer.

(2)     After the completion of the survey and record process of abadi or rural abadi, the notification of the relevant village or local body to be excluded from the survey and records process, if any dispute or settlement is made after the issuance of notification from the Government, then the concerned party may get relief from the competent court. The entry of the order of competent court shall be made in property records Survey Form 9 by the Assistant Records Officer and in survey land map Form 3 by the District Records Officer.

APPENDIX I

Abadi

FORM No. 1

Rule 3

Government of Uttarakhand

Revenue Section

No/

Dehradun, dated:

Notification

In exercise of powers conferred by Section 48 of the Uttar Pradesh Land Revenue Act, 1901, the Governor declares that the village..................Tehsil.....................of District.................., mentioned in the Schedule below, shall be under the survey and records operation of the area abadi or village abadi from the date of the publication of this notification in the Gazette.

By order,

Secretary

Revenue Department.

Abadi Survey

FORM 2

Rule 4

Notice by District Magistrate/District Record

Officer Office of District Magistrate/District Records Officer, District

Dated:

Letter No.

Notice regarding village Abadi Survey and records operation:

I District Magistrate/District Records Officer, District................. in compliance of notification no....................dead of Revenue Section 1 of the Government of Uttarakhand, orders to execute the work of abadi survey and records operations in district the villages annexed in the list at the time table mentioned below according to the Section 48 under the ownership scheme of the Government of India.

District Magistrate/Magistrate/District Record Officer

Time-Table

(District Magistrate/District Records Officer)

Annexure I

List of villages in district for abadi survey and records operation

District Magistrate/District Records Officer

Abadi

FORM NO. 3

Rule 5

General information of meeting of Gram Panchayat for abadi survey

It is informed to general public that the abadi or village abadi survey of village/local body.........Tehsil......... district.........shall be commenced from the date........., For giving information of its activities and procedure, a meeting of gram sabha/local body is conveyed on date...........at............It is requested to all villager to present at the fixed date, time and place...........to provide the active support for abadi survey and records operation.

Signature

Signature

Secretary Gram Panchayat

Chairman/Gram Pradhan

Property Slip

FORM 4

Rule 11

Village- LGD code............Block............. Pargna...........Tehsil... District..

 

Initial property record

Form 4

Rule 11

Village- LGD code................Block...........pargana...........Tehsil.........District.........

 

FORM 5

Rule 11 and 12

Village- Pargana Tehsil.........district.........

Note:-This Form shall be prepared in two parts for every village. In Part I, shall contain all clerical errors found in area and annual register and Part II shall contain other errors and disputes.

Aabadi Survey

FORM 6

Rule 14

Notice with property slip

The property slip of Shri...................................... S/o Shri-Rio................. regards property at Pargana............. .... Tehsil R/o...............................................district......................................is annexed.

Please keep in mind that after hearing of the concerned parties, it is to decide all the disputes and properties in relation to the property and those permanent improvements if any. If you have any objection against any type or correction of this entry, than it shall be presented within twenty one days of receiving this notice. If no any objection is received within the stipulated time, it shall be presumed within the stipulated time, it shall be presumed that you don't want to file any objection against any entry and the orders shall be passed according to the law.

Given on date.............................2020 with my signature and office seal.

seal as the office

Survey Nayab Tehsildar

Note.-The notice with extract of property slip shall be issued to all property holders declaration.

Survey

FORM 7

Rule 14(3)

Village-.......................Pargna.........Tehsil.........District...........

 

Survey

FORM 8

Rule 15

Misilband Register

Tehsil...............................................District...........................

 

Village abadi ownership records

FORM 9

Rule 18(2)

Village-.................LGD code....................Block...........Pargna...........Tehsil.........district.

 

 

 

ANNEXURE II