93. Power of Government to make rules for demarcation of boundaries and erection of survey-marks. ––

(1) The Government may make rules as to the manner in which the boundaries of all or any estate in any local area are to be demarcated and as to the survey-marks to be created 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.

94. Power of Revenue officer to define boundaries. ––

(1) A Revenue Officer may, for the purpose of framing any record or making assessment under this Act or on the application of any person interested, define the limits of any estate, or of any holding, tenancy, field or other portion of an 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, or Revenue Officer, or restore any survey-mark already set up by, or by order of, any Court or any such officer.

(3) The Revenue Officer to whom an application under this section may be made may depute another Revenue officer subordinate to him to take the necessary proceedings.

95. Power of Revenue officer in proceedings under section 94 to reinstate party dispossessed. ––

(1) In any proceeding under section 94 if it appears to the Revenue Officer that any of the parties to the proceedings has, within a period of six months preceding the date of his order illegally encroached upon any land adjacent to the boundary defined, and previously in the lawful possession of any of the other parties to the proceeding, he may by his order direct that the party dispossessed be placed in possession of such land :

Provided that, no order under this section shall be passed by any officer below the rank of an Assistant Collector of the first class and if proceedings under section 94 are taken by an inferior officer he shall submit the case for orders to the Assistant Collector of the first class having jurisdiction.

(2) The party dissatisfied with the order of the Revenue Officer passed under sub-section (1) may seek his remedy in the Civil Court and subject to the decision of the Civil Court such order shall be final.

96. Cost of erection and repair of survey-marks.––

Subject to any rules which the Government may make in this 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 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.

97. 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 to do so by a Revenue Officer, the latter may cause it to be erected or repaired.

(2) Where a Revenue Officer causes a survey-mark to be erected or repaired, he shall subject to any rules or direction issued under the last foregoing section apportion the cost among the persons interested in the land in such manner as he deems just. The cost, if not paid, may be recovered as if it were an arrear of land revenue.

98. Power of Revenue officers to enter on land for purposes of survey and demarcation.––

Any Revenue Officer and 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.

99. Surveys for purpose of preparation of records.––

When any land is being surveyed in pursuance of rules framed under section 33 (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 to those rights or interests. Any person failing to comply with the notice shall be liable to pay a fine not exceeding Rs. 10 under the orders of the Revenue Officer directing the survey.

100. Provision of flag-holders and chainmen for surveys. ––

(1) For the purpose of the survey of any land in pursuance of rules framed under section 33, clause (i), the land-holders shall be bound to provide fit persons to act as flag-holders and chainmen.

(2) If the land-holders 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 landholders as if it were an arrear of land revenue.

101. Professional surveys. ––

(1) If it is necessary to make a survey by other agency than that of Revenue Officers or village officers the Government may publish a notification stating—

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

(b) the names or official designations 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 purposes of the survey the powers conferred on Revenue Officers by section 98.

1 [(3) (a) The Board subject to such conditions and restrictions and in such manner as may be prescribed, at its own or authorise an officer not below the rank of Collector, to issue license to any person referred to as Licensed Surveyor, possessing the prescribed qualifications and experience as fixed by the Board for the purposes of survey, assessment and settlements of boundaries and connected matters.

(b) The fee payable to a License Surveyor shall be as prescribed by the Board from time to time.]

102. Penalty for destruction, injury or removal of survey-marks. ––

(1) If any person wilfully destroys or injuries, or without lawful authority removes a survey-mark lawfully erected, he may be ordered by a Revenue Officer not below the rank of a Tehsildar to pay such fine not exceeding fifty rupees for each mark so destroyed, injured or removed as may, in the opinion of the said officer, be necessary to defray the expense 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 Ranbir Penal Code.

103. Report of destruction or removal of, 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.