The Meghalaya Land Survey and Records Preparation Act, 1980 (Act No.11 of 1980)

MEGHALAYA ACT 11 OF 1980
THE MEGHALAYA LAND SURVEY AND RECORDS PREPARATION ACT, 1980
ACT, 1980
(As passed by the Assembly)
[Received the assent of the Governor on 7th July, 1980]
(Published in the Gazette of Meghalaya Extraordinary, dated 9th July, 1980)
An
Act
to provide for the Survey of lands in the State and the preparation of preliminary records
thereof and for matters, connected therewith or incidental thereto Act, 1972.
Be it enacted by the Legislature of Meghalaya in the Thirty-first year of the Republic of
India as follows:-
CHAPTER I
Preliminary
Short title, and
commencement
1. (1) This Act may be called the Meghalaya Land Survey and
Records-Preparation Act, 1980.
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force in such areas of the State and on such
dates as the Government may by notification specify and different
dates may be specified for different areas.
Definitions. 2. In this Act, unless the context otherwise requires.-
(a) “Director” means the Director of Land Records,
Meghalaya, and includes such other officers as may be
empowered by Government as “Director” within their
respective jurisdictions.
(b) “estute” includes any land over which a person has the
right or interest of an owner, holder or occupier, and also
includes Government lands (State or Central) District
Council lands and land of any local authority;
(c) “holder” means any person who lawfully holds any land
under Government or District Council or local authority
or hold any land under a person who is an owner or under
another holder of land for any purpose whether on
payment of rent, land revenues ,or not and whether the
person is in actual possession of the land or not, and shall
also include a lessee;
(d) “land” includes land covered by or under any forest
established or constituted under any law, custom or
practice, agricultural or non -agricultural land, waste or
arable land and land under any cultivation or otherwise
and shall also include fisheries;
(e) “owner” means a person who owns any land as owner or
a person recognised as such under any law in force,
custom of practice and includes Government (State or
Central), District Council or local authority in res pect of
Government lands, District Council lands or lands of a
local authority, as the case may be;
(f) “occupier” means any person who occupies, holds,
possesses, manages or acts as custodian of any Ri - Kynti
land whether under any custom, usage or practice or
otherwise;
(g) “prescribed” means prescribed by rules made under this
Act;
(h) “Revenue Enforcement Inspector” or “Assistant Revenue
Enforcement Inspector” means any person appointed as
such under Section 4, and includes any Officer of the
Government appointed by the State Government to
exercise the powers and perform the duties and functions
of the Revenue Enforcement Inspector under this Act;
(i) “Records” includes titles and interests of every owner,
holder or occupier of land as maintained in the prescribed
registers ;
(j) “State” means the State of Meghalaya;
(k) “State Government” or “Government” means the
Government of Meghalaya;
(l) “Survey Officer” or “Assistant Survey Officer” means
any person appointed as such under Section 4, and
includes any officer of the Government appointed by the
State Government to exercise the powers and perform the
duties and functions of the Survey or Assistant Survey
under this Act;
(m) “Survey” includes identification of boundaries and all
other operations antecedent to and connected with Survey.
CHAPTER II
Survey, Demarcation and preparation Records
Power of the State
Government to order
survey of lands,
demarcation of
boundaries and
preparation of records.
3. Notwithstanding anything contained in any law for the time being
in force, or in any custom or practice, the State Government may,
by order published in the Official Gazette direct a survey to be
made and conducted of any land, class or classes of land or area,
as may be specified in the order, or that the boundaries of all land
be demarcated and defined, or that records of all lands and estate
so surveyed or to be surveyed, be prepared.
Appointment of Officer
their duties and powers.
4. (1) For all or any of the purposes of this Act, State
Government may appoint one or more Survey Officers, Revenue
Enforcement, Inspectors, Assistant Survey Officer, Assistant
Revenue Enforcement Inspectors and any other Officers.
(2) Subject to the overall control of the State Government, the
provisions of this Act ad any rules made thereunder, the Survey
Officer and the Revenue Enforcement Inspector shall be under the
control and supervision of the Director.
(3) Subject to other provisions of this Act, the Survey Officers
shall be in -charge of the Survey and demarcation of boundaries
and the Revenue Enforcement Inspector shall be in -charge the
preparation of records, within their respective jurisdiction. The
Officers shall also exercise such other powers and per form such
other duties and functions as may be prescribed.
(4) Besides performing the duties and exercising the powers
specified and conferred by and under this Act and the rules made
thereunder, the Survey Officer, the Revenue Enforcement
Inspector and their Assistants shall perform such other duties, and
exercise such other powers as may be specified or conferred upon
them by the Director, by general or special order with approval of
the State Government.
Publication of a
proclamation begore
entering any lands..
5. (1) Before, entering any land for the purpose of Survey,
demarcation of boundaries, preparation of records or for any other
purpose under this Act, the Director shall cause a proclamation to
be published, calling upon the owners, holders or occupiers of the
lands which are about to be surveyed , and of the conterminous
lands, and all persons employed on or connected with the
management of, or otherwise interested un such lands, to attend,
either personally or by agent before the Survey Officer and/or the
Revenue Enforcement Inspector or their As sistants, or any other
officer mentioned n the proclamation at such place and time and
on such date as may be specified in the proclamation (which shall
not be less than fifteen days from the date of the proclamation) for
the purpose of pointing out the bo undaries, production of
documents if any or evidence in support of their interest and of
affording such assistance and information as may be required.
(2) The Director may also, by special notice, require any officer
of the District Council or local auth ority, the Syiem, Lyngdoh,
Wahadadar, Dolloi, Sirdar, Laskar, Nokma or any other village
authority to attend before him or before him or before the Survey
Officer, Revenue Enforcement Inspector or their Assistant or any
Officer mentioned in the notice at s uch place and time and on
such date (which shall not be less than 7 days from the date of
service of the notice) as may be specified in the notice, for
affording such information and assistance as may be necessary for
the purposes of this Act.
(3) The proclamation under this Section shall be published-
(a) by serving a copy of the proclamation upon the District
Council concerned, the Syiem Lyngdoh, Wahadadar,
Dolloi, Laskar, Sirdar, Nokma and other village authority
in whose jurisdiction any portion of the land about to be
surveyed is situate;
(b) by making public announcement in the villages concerned
by such village authority as the Director may direct;
(c) by publication in the Official Gazette and in al least3 local
Newspaper; and
(d) by posting a copy thereof-
i. at the Court of Deputy Commissioner and the
District Council Court of every District;
ii. at the Office of every Sub divisional Officer and
Officer-in-charge Administrative Unit ;
iii. at every Police Station within the jurisdiction of
which any portion of the land about to be
surveyed is situate;
iv. at the Office of every Block Development Officer
within the District where the land about to be
surveyed is situate;
v. at any conspicuous place near the land to be
surveyed, and
vi. at such other place or places as the Director may
direct.
(4) The proclamation and the notice made under this Section
shall be in English as well as in Khasi or Garo or in both and
in any other languages as the Director may think necessary.
(5) The Deputy Commissioner, Sub -divisional Officer and the
Officer-in-charge of the administrative Unit concerned shall be
furnished with a copy of every proclamation or notice
published or issued under this Section.
Entry upon lands. 6. After the expiry of the period of 15 days from the date of the
proclamation made under Section5, the Director, Survey Officer,
Revenue Enforcement Inspector or any other Officer duly
authorised by the Director may, between the hours or sunrise and
sunset, enter upon such lands, and do all things necessary for
affecting the survey, demarcation of boundaries and preparation
of the records whether any person mentioned in sub -sections (1)
and (2) of Section 5 attends or not :
Provided that where for any of the purposes of this Act it
is necessary to ente r upon any other land of which no
proclamation has been made under Section 5, such enter shall
only be made after a notice of the intention so to entry has been
served by the Survey Officer or the Revenue Enforcement
Inspector or any Officer authorised by him in this behalf upon the
owner, holder or occupier of such land at least 24 hours
previously.
Payment of cost of
materials or labour
supplied and other
expenses.
7. (1) When any material or labour has been supplied or has to be
supplied for any of the purposes mentioned in Section 5, the
Director shall forthwith cause the cost of such materials or labour
to be paid to the person by whom the same were supplied.
(2) The Director shall also pay to every person requisitioned under
Section 5 (2) such expenses as may be prescribed.
Owner holder or
occupier or lands to
clear boundary lines,
etc.
8. The Survey Officer, or other officer authorised by him may, by a
notice issued for this purpose, require any owner, holder or
occupier to clear any boundary o r other line as may be necessary
for all or any of the purposes of this Act, by cutting down and
removing any trees, jungles, fences or standing crops on his land.
Compensation.
9. If any demand for compensation be made in respect of the
clearance of any boundary or line or for any damage caused to the
land or standing crops in pursuance of the requisition made under
Section 8, or by any other act lawfully done in the course of the
survey and demarcation of boundaries or for any other purposes
under this Ac t, the Director or such other officer as may be
authorised by him in this behalf, shall ascertain and record the
nature and the estimated value of any trees, jungles fences or
standing crops which have been cut down or removed and of any
other damages caused to the land and shall offer compensation to
the persons entitled.
Survey map Registers,
etc.
10. (1) The Survey Officer shall prepare or cause to be prepared under
his direction maps and such registers and other documents as may
be prescribed of all leads which are to be , or have been, surveyed
and demarcated under this Act.
(2) If at the time of survey, the boundary of any estate or field be
undisputed, and its correctness be affirmed by any village
authority than present, it may be defined and de marcated as
pointed out by the owner holder, occupies or person in occupation
of the land.
(3) In case of dispute regarding boundary, ownership, possession
or other rights in respect of any land, the nature of the dispute and
the names of the parties the reof shall be entered in the relevant
Registers and other relevant documents.
Preparation of
Records.
11. (1) The Revenue Enforcement Inspector shall prepare or cause to
be prepared under his direction the records of lands in such form
and manner as may be prescribed in respect of all lands and
estates which are to be or have been surveyed and demarcated
under Section 10.
(2) All entries in the records prepared under Section 11 shall be
made on the basis of actual possession provided that such
possession is not contrary to any law for the time being in force,
and every entry made in the records shall, until t he contrary is
proved, be presumed to be correct.
(3) Any dispute with regard to the rights over, title to or interest in
the land so surveyed and demarcated under this section shall be
referred to the civil court of competent jurisdiction, for decision.
Inspection of maps
records, etc and filing
of objections to Survey
Officer and Revenue
Enforcement
Inspectors.
12. (1) As soon as the survey, demarcation of boundaries and
preparation of records of any land or estate in any area have been
completed, the Survey Officer or the Revenue Enforcement
Inspector shall, by a general notice issued under his signature call
upon all persons specified in the notice to personally or by agent
attend before them within 15 days of the date of the said notice for
the purpose of inspecting the maps, records, field books and other
relevant registers or documents and every person so called upon
shall be allowed to inspect the maps, records and other relevant
registers or documents in accordance with such requisition.
(2) The notice under sub-section (1) shall specify the names of all
persons required to appear and shall be published or served in
such manner as the Director may direct.
(3) Any person so called upon may file objection in writing as to
any entry relating to his lands made or recorded in the maps,
records or any other relevant registers to documents within 10
days of his inspection of the maps of records and all such
objections shall be attached to the relevant records, and shall be
forwarded to the Direct or together with the maps, records and
other relevant registers or documents.
Inspection of maps,
records, etc , and filing
of objections Director.
13. (1) The Director after receipt of the maps, records and other
relevant registers and documents together wi th objections, if any,
forwarded under section 12, shall cause a notice to be published in
the manner mentioned under clauses (b) and (c), sub -clauses
(i),(ii),(iv) and (vi) of clause (d) of sub -section (3) of section 5 ;
for general information that the m aps, demarcation of boundaries
and records relating to the lands or estates specified in the notice
are open to inspection and that any person who may have any
objection, may file such objection in writing before the Director
after depositing such fee, not exceeding one hundred rupees, as
may be prescribed within 30 days of the date of the notice.
(2) The Director shall after the expiry of the said period of 30
days, consider all the objections forwarded under section 12 and
those received under this section and if he is satisfied-
1. that the objections relate to manifest errors or omissions in the
maps as to identification or demarcation of boundaries or any
entry in the records or other relevant register or documents, he
may, whether after making such inqu iry or otherwise as he
deems fits order such corrections to be made and the person or
persons concerned shall be informed of the corrections so made
within 7 days of the date of the order:
Provided that no such order shall be made to the prejudice
of any person without affording him reasonable opportunity to
show cause-
2. that the objections may be settled amicably, he shall try for such
settlement and if a settlement is arrived a t between the parties,
cause necessary corrections to be made, in the maps, registers
and other relevant documents.
(3) The Director may, for the purpose of disposal of the
objections make such inquiry as he may deem fit and direct any
person whom he believes has information or document pertaining
to the objections to appear at the hearing and to furnish such
information or to produce such documents as may be required.
(4) The Director shall disposed of all the objections within 90
days from the date of e xpiry of the notice under sub -section (1)
and for the purpose of holding the enquiry may sit at any place
within the State.
(5) After 90 days from the date of expiry of the notice under sub -
section (1) the Director shall forward to the Government the
maps, records and other relevant registers or documents with all
objections received and orders passed thereon by him.
Confirmation of the
maps or records by
Government and their
maintenances and
custody.
14. (1) The State Government may after considering the maps, records
and other documents forwarded under sub -section 5 of section 13,
by Order direct the publication of the maps or records prepared
under this Act:
Provided that where the Government for reasons to be
recorded thereof deem it necessary that any maps, records or
document should be corrected or modified it may direct the
Director to cause such correction or modification to be made after
hearing the objection, if any, in accordance with the provision of
Section 13.
(2) The State Government may after 45 days of the publication of
the maps or records under sub -section (1) confirm such maps or
records and every such order of confirmation shall be published in
the Official Gazette, upon which and until the contrary is proved
such maps or records shall be presumed to be correct.
(3) The maps, records and other registers and documents prepared
under this Act shall be maintained in such manner and k ept in the
custody of such officer as may be prescribed.
Order and confirmation
to be placed before the
State Legislature.
15. Every order made under sub -section (2) of section 14 shall be laid
before the earlier possible session of the Legislature of the State.
Erection of temporary
boundary marks and
maintenance thereof.
16. The Director, the Survey Officer or the Revenue Enforcement
Inspector may cause to be erected temporary boundary marks in
such manner as may be prescribed on any land surveyed or to be
surveyed under this Act, and may require any occupant of the land
to maintain such marks until the survey operation is concluded or
until permanent boundary marks are erected.
Erection of permanent
boundary marks and
maintenance thereof.
17. (1) The Director may at any time cause to be erection on any land
which has been surveyed under this Act, permit boundary marks in
such manner as may be prescribed in such number as may be
prescribed:
Provided that, ten days before the erection of any permanent
boundary mark, the Director shall, for the information of all
concerned, cause to be posted in his office and at such other place
of places as the Director may direct, besides causing public
announcement in the village concerned by such village authority as
the Director may direct a specification of the marks which he
proposes to erect on direct any land or estate and as estimate of
their cost.
(2) Every owner, holder or occupier of the land shall preserve such
permanent boundary marks awfully erected on his land and shall
give immediate notice to the Director or such other authority as
may be prescribed, if such marks are injured, destroyed or
removed.
Re-erection of injured
boundary marks and
recovery of expenses
thereof.
18. Whenever it shall come to t he notice of the Director, the Survey
Officer or the Revenge Enforcement Inspector that any temporary
or the Revenue Enforcement Inspector that any temporary or
permanent mark erected under the provisions of this Act has been
injured, destroyed, or removed or requires repairs the Director, the
Survey Officer or the Revenue Enforcement Inspector may cause
such boundary mark to be re -erected, restored or repaired and the
Director may cause to be recovered any expenses incurred in
respect of such re -erected, r estoration or repairs in such
proportions he shall think fir from the owner holder or occupier of
the land to whom such boundary marks may have been assigned
under the provisions of this Act;
Provided that no such expenses shall be recovered unless t he
Director is satisfied that the owner, holder or occupier has
removed, destroyed or injured the said mass wilfully.
CHAPTER III
MISCELLANEOUS
Power to exempt from
operation of the Act.
19. The State Government may, by notification, direct that all or any of
the provisions of this Act shall not apply to such areas, land or
classes of lands as may be specified in the notification.
Service of
Notice. 20. (1) Every notice under this Act or the Rule made thereunder
required to be served on any person may be served-
(a) by delivering an authenticated copy thereof to the person to
whom it is directed, or by delivering such copy at the usual
place of abode of such person to some adult member of his
family, or, in case it cannot be so served, by posting such a
copy upon some conspicuous part of the usual or last known
place of abode of person.
(b) by registered post such persons’ usual place of abode, or to the
place where he may be known to reside;
Provide that in case such notice cannot be served in any of the w ays
hereinbefore mentioned, it shall be served in such way as the Officer
issuing the notice may direct.
(2) In cases where two or more persons are owners, holders or
occupiers of any land services of notice under this Section shall be deemed
to be good and sufficient service if it is served on any, one of them.
Penalty for not giving
notice of injury to
bouncing marks.
21. If any person, being bound by the provisions of sub -section (2) of
Section 17 to give notice in respect of any boundary marks having
been injured, destroyed or removed, or required repairs, fail to give
such notice, he shall on conviction be liable to a fine not exceeding
one hundred respect.
Penalty for removing
boundary marks.
22. Any person, wilfully erasing, removing or damaging any boundary
mark which has been lawfully erected under this Act shall, on
conviction, be punishable with imprisonment for a term which may
extend to one year or with fine not exceeding five hundred rupees
or with both.
23. (1) An appeal, if presented within 30 days from the date of such
order or decision shall lie-
i. to the Director, against any order or decision of the Survey
Officer Assistant Survey Officer, a Revenue Enforcement
Inspector or an Assistant Revenue Enforcement Inspector,
and
ii. to the Meghalaya Board of Revenue against any order or
decision of the Director.
(2) In computing the period of 30 days under sub-section (1) , the
time required to obtain the certified copy of the order appealed
against shall be excluded.
Delegation of powers
of the Director.
24. The Director with the approval of the State Government may
delegate all or any of his duties or func tions under this Act to any
Officer appointed by the Government in this behalf.
Expenses of the persons
appearing at the
hearings.
25. All expenses incurred by any person or persons filing an objection,
including their witnesses, in attending the hearing before the
Director under this Act shall be borne by the persons concerned but
persons attending such hearing on a requisition made by the
Director or the Government shall paid such expenses as may be
prescribed.
Bar of suit in Civil
Court.
26. No suit shall lie in any Civil Court to set aside or modify any order
or decision passed or made by the State Government, the
Meghalaya Board of Revenue, the Director any Officer under this
Act.
Collection and recovery
of amount due under
the Act and Rules.
27. Except as provided in this Act, any costs, fines, expenses or any
amount which is payable under this Act or the Rules made
thereunder may be recovered as arrears of land revenue.
 
 
                                                           
1 Inserted by Amendment Act No.14 of 1991, Sec 2. 
Officers to have 
the 
powers of a Civil 
Court 
in certain 
matters. 
28. The Director, the Survey Officer, the Revenue Enforcement Inspector and their 
Assistants shall, for the purposes of survey, demarcation of boundaries, enquiry 
and disposal of objections and preparation of records under this Act, have the 
powers of a Civil Court under the Code of Civil Procedure, 1908 (Act 5 of 1908) 
in respect of the following matters, namely:- 
 
      (a) Summoning the attendance of any person; 
      (b) Requiring the production of any document; 
      (c) Examination any person on oath. 
 
Bar of suits etc. 29. No suit, persecution or legal proceedings shall lie against the Government, 
Director or any other Officer or person for anything done or intended to be done 
in good faith under the Act and all officers or persons appointed or engaged in the 
Survey operation and the preparation of records under this Act shall be deemed to 
be public servants within the meaning of Section 21 of the Indian Penal Codes. 
 
Entrustment of 
powers a nd 
functions to 
District 
Council.’ 
1*“29A (1) The State Government may, after consultation with a District Council, 
entrust to it or its officers such powers and functions under this Act as it may by 
notifications specify.” 
 
“(2) The Director shall guide, 
advise, render technical assistance and, wherever 
required, make available the service of departmental officers and staff to a District 
Council for carrying out the functions so entrusted to it.” 
 
“(3) The services of the Departmental officers and staff wo rking with the District 
Councils as referred to in sub -section (2) shall for all purposes be deemed to have 
been rendered to the State Government and the officers and staff shall remain under 
the control of the Department notwithstanding that they render s ervice to the District 
Council from time to time.” 
 
“(4) On being entrusted with powers and functions under sub- section (1), the 
provisions of sections 26 and 29 of this Act shall also apply to the District Council 
and its officers for anything done for the purpose of this Act.” 
 
      “Explanation – 
District Council under this section and section 30 means and 
Autonomous District Council constituted under the provisions of the Sixth, Schedule 
to the Constitution of India.” 
 
 
 
 
 
 
 
                                                           
1 Inserted by Amendment Act No.14 of 1991,  Sec 3. 
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT 
AMENDMENTS TO THE MEGHALAYA LAND SURVEY AND RECORDS PREPARATION ACT, 1980 
(ACT NO. 11 OF 1980), AMENDED AND UPDATED UPTO THE YEAR – ACT 14 OF 1991. 
 
Power to make 
rules. 
30. (1) The State Government may, by notification make rules to carry out the  
purposes of this Act. 
 
“1
(i) Powers and duties of the Officers under section 4; 
 
*(1A) the extent of the functions of District Council and its officers under 
Section 29A”) 
 
(2) In particular, and without prejudice to the generality of the foregoing power, 
      such rules may provide for all or any of the following matters, namely:- 
(ii) form of the registers and other documents for the purposes of survey and 
demarcation of boundaries and the forms of 
records and the manner of 
maintaining them ; 
 
(iii) the procedure and manner of ascertaining or determining the compensation 
and the price of materials and labour  supplied under Section 7 and payment 
therefore; 
 
(iv) the materials and specification of the temporary  or permanent boundary 
marks and the manner of erecting them; 
 
(v) procedure and fees in appeals ; 
 
(vi)  procedure and manner of collection and recovery of any  fines, costs, 
expenses and other dues; 
 
(vii) any other matter that may or which is required to be  prescribed under this 
Act. 
 
(3) All rules made under this Act shall be subject to the condition of previous  
      publication. 

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