73.      Annulment of assessment of estate of holding: - (1) When an arrear of land-revenue has been due for a longer period than one month, and the foregoing processes are not deemed sufficient for the recovery thereof, the financial Commissioner may, in addition to or instead of all or any of those processes, order the existing assessment of the estate or holding in respect of which the arrear is due to be annulled.

           (2) The provisions of this section shall not be put in force for the recovery of an arrear of land revenue which has accrued on land--

           (a) while under attachment under the last foregoing section, or

           (b) while under the charge of the Court of Wards.

           (3) When the assessment of any land has been annulled, the Collector may, with the previous sanction of the Financial Commissioner, either manage the land himself or through an agent, or let it in farm to any person willing to accept the farm, for such term and on such conditions as may be sanctioned by the Financial Commissioner:

           Provided that the term for which land may be so managed or farmed shall not be longer than fifteen years from the commencement of the agricultural year next following the date of the annulment.

           (4) at some time before the expiration of that term the Collector shall determine the assessment to be paid in respect of the estate or holding for the remainder of the term of the current assessment of the district or tehsil, and, when that assessment has been sanctioned by the Financial Commissioner, shall announce it to the land-owner.

           (5) The land-owner may give notice to the Collector of refusal to be liable for the assessment within thirty days from the date on which the assessment was announced to him.

           (6) If notice is so given, the Collector may, with the previous sanction of the Financial Commissioner, take the estate or holding under direct management or farm it for the remainder of the term of the current assessment of the district or tehsil, or for any period within that term which the Financial Commissioner may fix.

           (7) When the assessment of a holding is annulled, the joint responsibility of the other land-owners of the estate for the land-revenue of that holding becoming due after the annulment shall be in abeyance until the new assessment takes effect.

           (8) The Financial Commissioner may direct that any contract made by the defaulter, or by any person through whom the defaulter claims, with respect to any land comprised in an estate or holding of which the assessment has been annulled shall not be binding on the Collector or his agent or farmer during the period for which the estate or holding remains under the management of the Collector or his agent or is let in farm.

 

74.      Proclamation of attachment or annulment of assessment and consequence of the proclamation: -  (1) When any land is attached under section 72, or when the assessment of any land has been annulled under the last foregoing section, the Collector shall make proclamation thereof.

           (2) No payment made by any person to the defaulter before the making of the proclamation on account of rent or any other asset in anticipation of the usual time for the payment shall, without the special sanction of the Collector, be credited to that person or relieve him from liability to make the payment to the Collector or his agent or farmer.

           (3) No payment made after the making of the proclamation on account of rent or any other asset of the estate or holding to any person other than the Collector or his agent or farmer shall be credited to the person making the payment or relieve him from liability to make the payment to the Collector or his agent or farmer.

 

75.      Sale of estate or holdings IV of: -When an arrear of land-revenue has accrued and the foregoing processes are not deemed sufficient for the recovery thereof, the Collector with the  previous sanction of the  1[ Commissioner ], may, in addition to, or instead of, all or any of those processes, and subject to the provisions hereinafter contained, sell the estate or holding in respect of which the arrear is due :

           Provided that land shall not be sold for the recovery of --

 
IV of  1872 : -

(a)   any arrear which has accrued while the land was under the charge of the Court of Wards, or was so circumstanced that the Court of Wards might have exercised jurisdiction over it under the provisions of section 35 of the Punjab Laws Act, 1872, clause (a), (b), (c) or (d); or

(b)   any arrear which has accrued while the land was under attachment under section 72 of this Act; or

(c)   any arrear which has accrued while the land was held under direct management by the Collector or in farm by any other person under section 73, after either an annulment of assessment or a refusal to be liable therefor.

 

76.      Effect of sale on incumbrances: - (1) Land sold under the last foregoing section shall be sold free of all incumbrances; and all grants and contracts previously made by any person other than purchaser in respect of the land shall become void as against the purchaser at the sale.

           (2) Nothing in sub-section  (1) shall affect: -

(a) a tenant’s right of occupancy, unless the right was created by the defaulter himself, or.

(b) any lease at fair rent, temporary or perpetual, for the erection of a dwelling-house

 

1Substituted by Punjab Act 45 of  1953 ; for the words “ Financial Commissioner”.

 

or manufactory or for a mine, garden, tank, canal, place of worship, or burial ground , so long, as the land continues to be used for the purpose specified in the

           lease, or

          

(c) any incumbrance, grant, contract, or right of occupancy specially saved by order of the Financial Commissioner and proclaimed as hereinafter provided.

 

77.      Proceedings against other immovable property of defaulter : - (1) If the arrear cannot be recovered by any of the processes hereinafter provided or if  the  1[ Commissioner ] considers the enforcement of any of those processes to be inexpedient, the Collector may, where the defaulter owns any other estate or holding, or any other  immovable property, proceed, under the provisions of this Act against that property as if it were the land in respect of which the arrear is due :

           Provided that no interest save those of the defaulter alone shall be so produced against, and no incumbrances created , grants made or contracts entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded  against.

           (2) When the Collector determines  to proceed under this section against immovable property  other than the land in respect of which  the arrear is due , he shall issue a proclamation prohibiting the transfer or charging of the property.

           (3) The Collector may at any time by order in writing withdraw the proclamation , and it shall be deemed to be withdrawn when either of the arrear has been paid or the interests of the defaulter in the property have been sold for the recovery of the arrear.

           (4)  Any private alienation of the property, or of any interest of the defaulter therein, whether by sale, gift, mortgage  or otherwise, made after the issue of the proclamation and before the withdrawal thereof shall be void.

 

1Substituted by Punjab Act  14 of  1953 for the  “Financial  Commissioner”.

          

(5) In proceedings against property under this section the Collector shall follow, as nearly as the nature of the property will admit, the procedure prescribed for the enforcement of process against land on which an arrear of  land-revenue is due.

 

78.      Remedies open to person denying his liability for an arrear : - (1) Notwithstanding anything in section  66, when proceedings are taken under this Act for the recovery of an arrear, the person against whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof  and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit in a Civil Court  for the recovery of the amount so paid.

           (2) A suit under sub-section (1) must be instituted in a Court having jurisdiction in the place where the office of the Collector of the  district in which the arrear or some part thereof  accrued is situate.

 

Procedure in Sales

79.      Proclamation of sales : - (1) On the receipt of the sanction of the  1[ Commissioner ] to the sale of any immovable property, the Collector shall issue a proclamation of the intended sale, specifying --

           (a) the date, time and place of the sale ;

(b) the property to be sold, and, if it is an estate or holding, the land-revenue assessed thereon  or payable in respect thereof ;

(c) if the property is to be sold for the recovery of an arrear due in respect thereof, the incumbrances, grants, contracts, and rights of occupancy, if any, specially saved by order of the Financial Commissioner under section 76, sub-section (2), clause (c).

(d) if the property is to be sold otherwise than for the recovery of an arrear due in respect thereof any incumbrance, grant or contract to which the property is known to be liable ; and

 

1Substituted for the words “Financial Commissioner” by Punjab Act 26 of  1958.

          

(e) the amount for the recovery of which the sale is ordered.

           1(2)  *  *  *  *.

           (3) The place of sale specified under clause  (a) ; sub-section  (1) must be either the office of the Collector or some place appointed by the Collector in this behalf and situate in or near the property to be sold.

 

80.      Indemnity to Revenue-officer with respect to contents of proclamation : -  A Revenue –officer shall not be answerable for any error, mis-statement or omission  in any proclamation under the last  foregoing section unless the same has been committed or made dishonestly.

 

81.      Publication of proclamation : - (1) A copy of the proclamation shall be served  on the defaulter and be posted in a conspicuous part  of the office  of the Tahsildar of the tahsil in which the property is to be sold  is situate .

           (2) After a copy of the proclamation has been served on the defaulter  and posted in the office of the Tahsildar , a copy thereof  shall be posted in the office of the Collector.

(3)       The proclamation shall be further published  in manner prescribed in section  22 and in such other manner as the Collector thinks expedient.

 

82.      Time and conduct of sale : -(1) The sale shall not take place  on a Sunday or other holiday, or till after the expiration of at least thirty days from the date on which the copy of the proclamation was posted  in the office of the Collector.

           (2) The sale shall be by public auction and shall be conducted either by the Collector in person or by a Revenue-officer specially appointed by him in this behalf.

 

1Sub-section (2) repealed by Punjab Act 2 of  1905.

 

83.      Power to postpone sale : -The Collector may from time to time postpone the sale

 

84.      Stay of sale : - If at any time before the bidding  at the auction is completed the defaulter pays the arrears in respect of which the property has been proclaimed for sale, together with the costs incurred  for the recovery thereof , to the officer conducting the sale, or proves to the satisfaction of that officer that he has already paid the same either at the place and in the manner prescribed under section  63 or into the Government treasury, the sale shall be stayed.

 

85.      Payment of deposit  by highest bidder :- When the highest bid at the auction has been ascertained  the person who made that bid  shall , on the requisition of the officer conducting the sale, pay to that officer a deposit of  twenty-five per centum on the amount of his bid, and shall, on payment thereof  be declared to be the purchaser subject to the provisions of this Chapter with respect to the exercise of any right  of  pre-emption.

 

86.      Consequences of failure to pay deposit : -If the person who made the highest bid fails to pay the deposit  as required by the last foregoing section, the property shall forthwith be put up again and sold, and all expenses attending to the first sale, and the deficiency of the price, if any, which may happen on the resale, may be recovered from him by the Collector as if the same were an arrear of land-revenue.

 

187.     *      *      *.

 

88.      Time for payment in full : - The full amount of the purchaser-money shall be paid by the purchaser before the close of the fifteenth day from that on which the purchaser was declared.

 

89.      Procedure in default of payment : - In default of payment of the full amount of the purchase-money within the period mentioned in the last foregoing section, the deposit referred to in section 85 or section 87, as the case may be, shall, after defraying the expenses of the sale, be forfeited to the Government  and may, if the Collector, with the previous sanction of the Commissioner, so directs, be applied in reduction in the arrear and the property shall be resold, and the defaulting purchaser shall have no claim to the property or to any part of the sum for which it may subsequently be sold.

 

1Repealed by Punjab Act 2 of  1905, Schedule.

 

90.      Report of sale to Commissioner : - Every sale of immovable property under this Chapter shall be reported by the Collector to the Commissioner.

 

91.      Application to set aside sale : -  (1) At any time within thirty days from the date of sale, application may be made to the Commissioner to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it.

           (2) But a sale shall not be set aside on the ground unless the applicant proves to the satisfaction of the Commissioner that  he has sustained substantial injury by reason of the irregularity or mistake.

 

92.      Order confirming or setting aside sale : -(1) After the expiration of thirty days from the date of the sale, if such application as is mentioned in the last foregoing section  has been made, or if such application has been made  and rejected, the Commissioner shall make an order confirming the sale, and, if such application has been made and allowed, the Commissioner shall make an order setting aside the sale.

           (2) An order made under this section  shall be final.

 

93.      Refund of purchase money on setting aside of sale : -Whenever the sale of any property is set aside,  the purchaser shall be entitled to receive back  his purchase money.

 

94.      Proclamation after postponement or on resale : -A sale made after a postponement under section 83  and a resale consequent on a purchaser’s default under section 89 or on the setting aside of a sale under section 92, shall be made after the issue of a fresh proclamation  in the manner hereinafter prescribed for the sale.

 

95.      On confirmation of sale  possession and certificate to be granted to purchaser : -(1) After a sale has been confirmed  in manner aforesaid  the Collector shall put the person  declared  to be the purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has purchased  that property.

           (2) The certificate  shall state whether or not the property was sold for the recovery of an arrear due in respect thereof , and if it was so sold, shall set forth the incumbrances, grants, contracts and rights of occupancy, if any, specified in the proclamation of the sale as specially saved  by order of the Financial Commissioner under section 76,  sub-section (2) , clause (c).

(3)   The certificate shall be deemed  to be a valid transfer of the property but need not to be registered  as a conveyance.

(4)   Any suit brought in any Court  against the certified purchaser on the ground that the purchase was made on behalf of a person other than the certified  purchaser shall be dismissed  with costs.

(5)   The certified purchaser  of any immovable property shall be entitled to all rents and profits falling due in respect of the property  after the date of the confirmation of the sale  and be liable for all installments of land-revenue and rates and cesses falling due in respect thereof after that date.

 

96.      Proceeds of sale : - (1) When a sale of immovable property under this Chapter has been confirmed, the proceeds of the sale  shall be applied  in the first place to the payment of any arrears  including costs incurred  for the recovery thereof, due to the 1[Government ] from the defaulter at the date of the confirmation of the sale, whether the arrears are of land-revenue, or of sums recoverable  as arrears of land-revenue, and the surplus , if any, shall be paid to the person whose property has been sold, or, if the property sold was owned by more than one person, then to the owners either collectively or according to the amount of their recorded interests, as the Collector thinks fit.

           (2)       The surplus shall not, except under an order of a Court, be paid to any creditor of a person whose property has been sold.

(3)   If the proceeds of the sale fall short of such arrears as are referred to in sub-section (1), the balance remaining  due from the defaulter may be recovered from him by further proceedings under this Chapter or by any other means authorized by law.

1Substituted for the words “Crown” by the Adaptation of Laws Order, 1950.

 

 

CHAPTER  VII

Recovery of other Demands by Revenue-officers

 

97.      Recovery of certain arrears through Revenue officer instead of suit: -When a village-officer required by rules under section 28 to collect any land-revenue or sum recoverable as an arrear of land-revenue satisfies Revenue –officer that the revenue or sums has fallen due and has not been paid to him, the Revenue-officer may, subject to any rules  which the Financial Commissioner may make in this behalf, recover it is if it were an arrear of land-revenue.

 

98.      Other sums recoverable as arrears of land revenue : -  In addition to any sums recoverable as arrears of land-revenue under this Act or any other enactment for the   time being in force, the following sums may be so recovered, namely : --

(a)   fees, fines, costs and other charges, including the village-officers’ cess payable under this Act,

(b)       revenue due to the Government on account of pasture or other natural products of land, or on account of mills, fisheries or natural products of water, or on account of other rights described in section 41 or section 42  in cases in which the revenue so due has not been included in the assessment of an estate ;

 

 

1For rules under section 97, see notification No.76, “Punjab Gazette Extraordinary,” 1st  March, 1818, p. 57.

 

XX of  1883 : -

(c)             fees payable  to district boards or local boards under section 33 of the Punjab Districts Boards Act, 1883, for the use of or benefits derived from such works as are referred to in section 20, clauses (i) and (j) , of that Act;

(d)             sums leviable by or under the authority of the Government as water-rates, or on account of the maintenance or management of canals, embankments or other irrigation works , not being sums recoverable as arrears of land-revenue under any enactment for the time being in force ; and

1[(dd) A loan advanced by the State Government towards the cost of a house or site under a Government sponsored Housing Scheme together with interest chargeable thereon and   costs, if any, incurred in making or recovering the same.]

2[(ddd) a loan advanced by the State Government to an industrial  worker under a Government sponsored scheme for providing relief to industrial workers temporarily thrown out of employment due to hostilities with Pakistan, together with interest, if any, chargeable thereon and costs incurred in making or recovering such loan ;]

3[(dddd)  a loan advanced by the State Government under a Government sponsored scheme –

(i)               to give relief to persons who were uprooted from their homes, profession or trade as a result of the aggression committed by Pakistan in September, 1965; or

 

1Inserted by Punjab Act 5 of  1956.

2Clause (ddd) inserted by Punjab Act 5 of 1966,section 2.

3Clause (dddd) inserted by Punjab Act 1 of 1968, section 4 and shall be deemed to have been inserted  with effect from 3rd July, 1967.

 

          

(ii)              to persons carrying on any profession or trade, in any premises, where such premises or the goods stacked therein suffered any damage due to arson or any other unlawful act during the anti-Punjabi Suba agitation which took place in the month of March, 1966; or

(iii)            to give relief to such class of persons who are uprooted after the commencement of the Punjab Land Revenue (Amendment) Act, 1967, from their homes, profession, or trade due to any war, aggression internal disturbance or natural calamity as the State Government may, in public interest, specify in this behalf. together with interest, if any, chargeable thereon and cost incurred in advancing or recovering such loan,]

 

(e) Sums payable to the Government by a person who is surety for the payment of any of the foregoing sums or of any other sum recoverable as an arrear of land-revenue.

 

99.      Application of Chapter VI to sums recoverable under this Chapter:-(1) The provisions of Chapter VI shall, with respect to any sum mentioned or referred to in this Chapter, apply, so far as they can be made applicable as if the sum were an arrear of land-revenue and the person from whom, either as principal or as surety, it is due were a defaulter in respect of such an arrear.

           (2) Unless any such sum is declared by an enactment for the time being in force to be recoverable as if it were an arrear of land-revenue due in respect of the land charged therewith, the provisions of section 77 shall apply under sub-section (1) to the recovery thereof.

 

CHAPTER VIII

SURVEYS AND BOUNDARIES

 

100.     Powers of Financial Commissioner to make rules for demarcation of boundaries and erection of survey-marks: - (1) The Financial Commissioner may make rules as to the manner in which the boundaries of all or any estates in any local area are to be demarcated and as to the survey-marks to be erected within those estates.

           (2) Rules under this section may prescribe, among other matters, the forms of survey-marks and the material to be used in their construction.

 

101      Power of Revenue-officers to define boundaries: -(1) A Revenue-officer may, for the purpose of farming any record or making any assessment under this Act, or on the application of any person interested, define the limits of an estate, or of any holding, field or other portion of any estate, and may, for the purpose of indicating those limits, require survey-marks to be erected or repaired.

           (2) In defining the limits of any land under sub-section (1) the revenue-officer may cause survey-marks to be erected on any boundary already determined by, or by order of, any Court, Revenue-officer or Forest Settlement-officer, or restore any survey-marks already set up by, or by order of any, Court or any such officer.

 

 

2101-A. Power to fix boundary between riverain estates:-  (1)  When any two or more estates are subject to river action and the limits of any such estate are by any law, custom, decree or order applicable thereto, liable to vary according as variations may from time to time occur in the course or action of such river, the 3[State Government] may 4* * * order a permanent boundary line to be fixed between any such estates or such portion thereof as are liable to river action.

           (2) Upon an order being made under sub-section (1) the Collector shall fix a boundary line between such estates or portions of such estates accordingly, and shall demarcate the same, in accordance with the rules (if any) made under section 100 and the provisions of section 101.

           (3) Every such boundary line shall be fixed with due regard to the history of the estates and the interests of the persons respectively owing them or possessing rights therein, in such a manner as may be just and equitable in the circumstances of each case.

           (4) No such boundary shall be deemed to have been permanently fixed until it has been approved by the Financial Commissioner.

1For rules under section 100, see Notification No. 76, “Punjab Gazette Extraordinary”, 1st March 1888, page 57.

2Section 101-A to 101-F were added by the Punjab Riverain Boundaries Act, 1899 (I of 1899), section 2.

3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, and Adaptation of Laws Order, 1950.

4The words “in its discretion” were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.

 

 

101-B. (Effect of fixing a boundary between riverain estates: - 1) Every boundary line fixed in accordance with the provisions of section 101-A shall, not with standing any law or custom, or any decree or order of any court of law, to the contrary, be fixed and constant boundary between the estates affected thereby, and the proprietary and all other rights, in every holding, field or other portion of an estate situate on each side of the boundary line so fixed, shall, subject to the following proviso, vest, in the land-owners of the estate which lies on the side of that boundary line on which such holding field or other portion of an estate in situate:

           Provided that, if by the operation of this section the proprietary or any other rights in any land which at the time a boundary line is fixed is under cultivation, or reasonably fit for cultivation, or yields any produce of substantial value, would be transferred from the land-owners or the other right-holders of any one estate to the land-owners of any other estate, the Collector shall, by written order, direct that the rights in such land shall, subject to the provisions of section 101-C and section 101-D not be so transferred unless and until the land in respect of which any such order is made, cesses to be reasonably fit for cultivation, or to yield any produce of substantial value, and upon any such order being made, the transfer of the rights in such land shall be suspended accordingly.

           Provided further that when any portion of the land specified in any such order cesses to be reasonably fit for cultivation or to yield any produce of substantial value, the order shall, when the Collector in writing so directs, cease to operate as that portion.

           (2) The decision of the Collector as to weather for the purposes of the proviso to sub-section (1) of this section, any land is or is not reasonably fit for cultivation, or does or does not yield any produce of substantial value shall be final.

 

101-C Application for immediate transfer of rights reserved under the proviso to sub-section (1) of section 101-B upon payment of compensation and procedure thereupon: - When any order has been made under the proviso to sub-section (1) of section 101-B, the land-owners (or any of them) in whom, but for such order, the rights in the land specified therein, would vest, may apply in writing, to the Collector to forth with transfer of rights, the transfer of which has been suspended by such order, upon payment of compensation for the same.

 

Award of compensation and extinguishment of rights thereby: -

           (2) When an application under sub-section (1) is made, the Collector shall--

           (a) fix a day for the hearing of the application;

(b) cause notice of the application, and of the day fixed for the hearing thereof to be served on, or proclaimed for the information of, all persons recorded as having rights in the land specified in the order made under the proviso to sub-section (1) of section 101-B, and all other persons interested or claming to be interested therein;

(c) upon the day so fixed for hearing, or any day to which the hearing may be  adjourned, inquire into the rights in the land and award compensation in respect of all rights, found established therein, to the persons severally entitled thereto;

(d) inform the applicant of the aggregate amount of compensation so awarded and require him to deposit the amount with the Collector on or before a day to be fixed by him in that behalf:

 

           Provided that, not with standing anything in the sub-section contained, it shall be lawful for the Collector, in his discretion and at any time before an award of compensation thereon has been made, to reject any application made under sub-section (1).

Act I of 1894: -

           (3) In awarding compensation under sub-section (20, the Collector shall be guided by the provisions of section 23 and section 24 of the Land Acquisition Act, 1894;  so far as the same may be applicable to the circumstances of the case.

           (4) Upon the fifteenth day of May next after the whole amount of compensation so awarded has been deposited with the Collector, the order made under the proviso to sub-section (1) of section 101-B, shall cease to operate, and the rights specified therein shall be transferred and vest in the manner prescribed in sub-section (1) of section 101-B, not with standing anything in the proviso thereof contained, and the Collector shall proceed to tender the compensation to the persons severally entitled to receive the same under this award. If any such person shall refuse to accept the sum of awarded and tendered to him, it shall be placed to his credit in the public treasury.

           (5) When any order made under the proviso to sub-section (1) of section 101-B, shall, under the provisions of sub-section (4) of this section, case to operate and determine, all rights reserved to any person by such order shall be extinguished.

 

101-D  Order under the proviso to sub-section (1) of section 101-B to cease to apply to rights voluntarily transferred to a land owner of the estate to which the land is transferred by fixing boundary: - When any person processing any rights in any land, in regard to the rights in which an order has been made under the proviso to sub-section (1) of section 101-B, voluntarily transfers such rights to any land-owner of the estate, in the land-owners of which, but for such order, such rights would vest under the operation of sub-section (1) of section 101-B, the rights so transferred shall forthwith cease to be subject to such order.

 

101-E  Rights transferred to be liable to all the incidents of tenure of the estate to which the transfer is made: - In every case in which, by the operation of section 101-B or section 101-C or section 101-D, proprietary or other rights in land are transferred from the land-owners and other right-holders of any one estate to the land-owners of any other estate, such rights shall be subject to all the incidents of tenure and liabilities which, under any law or custom for the time being in force, apply to the rights of the land-owners of the estate to which such rights are so transferred.

 

101-F  Meaning of the expression “Collector” in section 101-A, 101-B and 101-C: - For the purposes of section 101-A, 101-B and 101-C, respectively, the expression “Collector” shall be deemed to include any Revenue-officer appointed by the 1[State Government] to perform all or any of the functions of a Collector under any of the provisions thereof.

 

102.     Cost of erection and repair of survey-marks: -Subject to any rules which the Financial Commissioner may make in his behalf, survey-marks shall be erected and kept in repair by or at the cost of the persons interested in the land for the indication of the limits of which they are required:

Provided that the 1[State Government] may in any case direct that the cost of erection shall be borne by the Government or be paid out of the proceeds of the village-officers cess.

 

103.     Recovery of cost incurred by the Government: -(1) If the persons interested in the land fail to erect or repair a survey-mark within thirty days from the date of their being required by a Revenue-officer to do so, the revenue-officer may cause it to be erected or repaired.

           (2) Where the Revenue-officer causes a survey-mark to be erected or repaired, he shall, subject to any rules or direction under the last foregoing section, apportion the cost amongest the persons interested in the land in such manner as he deems just, and certify the same to the Collector.

           (3) The Collector may recover the cost as if it were an arrear of land-revenue.

 

104      Power of Revenue-officers to enter on land for purposes of survey and dearcation :-Any Revenue-officer, and any person acting under the orders of a Revenue-officer, may, in the discharge of any duty under this Act, enter upon and survey land and erect survey-marks thereon and demarcate the boundaries thereof, and do all other acts necessary for the proper performance of that duty.

 

1Substituted for the words “Provincial Government” by the Adaptation of Laws Order, 1950.

 

105      Survey for purpose of preparation of records: - (1) When any land is being surveyed in pursuance of rules under section 46, clause (c), any Revenue-officer directing the survey may, by notice or proclamation, require all persons having rights or interests in the land to indicate, within a specified time, by temporary marks of a kind to be described in the notice or proclamation, the limits of those rights or interests.

           (2) If a person to whom the notice or proclamation is addressed fails to comply with the requisition, he shall be liable at the discretion of the Revenue-officer to fine which may extend to ten rupees.

 

106.     Provision of flag holders and chairman for those surveys: -(1) For the purposes of the survey of any land in pursuance of rules under section 46, clause (c), the land-owner shall be bound to provide fit persons to act as flag holders and chainman.

           (2) If the land-owners fail to provide such persons or to provide them in sufficient number, such other persons as a Revenue-officer considers necessary may be employed and the cost of employing them recovered from the land-owners as if it were an arrear of land-revenue.

 

107.     Professional surveys: -(1) If it is necessary to make a survey by other agency than that of Revenue-officers or village-officers, the 1[State Government] may publish a notification stating--

           (a)       the local area to be surveyed and the nature of the survey;

(b)       the names or official designation of the officers by whom the survey is to be made; and

           (c)       the kind of survey-marks to be erected by those officers.

 

           (2) From the date of the notification the officers specified therein, and the persons acting under their orders, shall have for the purposes of the survey the powers conferred on Revenue-officers by section 104.

 

1Substituted for the words “Provincial Government” by the Adaptation of the Laws Order, 1950.

 

108.     Penalty for destruction injury or removal of survey-marks: -(1) If any person willfully destroys or injures or without lawful authority removes a survey-mark lawfully erected, he may be ordered by a Revenue-officer to pay such fine not exceeding fifty rupees for each mark so destroyed, injured or removed as may, in the opinion of the Revenue-officer, be necessary to defray the expenses of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or removal.

           (2) The imposition of a fine under this section shall not bar a prosecution under section 434 of the Indian Penal Code.

 

109.     Report of destruction or removal or injury to survey-marks: - Every village-officer of an estate shall be legally bound to furnish a Revenue-officer with information respecting the destruction or removal of, or any injury done to, any survey-mark lawfully erected in the estate.

 

 

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