#THE BOUNDARY-MARKS, BOMBAY 1846 

##ACT NO. III OF 1846 

*Passed by the Hon’ble the President  of  the Council of  India in  Council  on the 7th January 
1846, with the assent of the Right Hon’ble the Governor General of India.*

An Act for the establishment and maintenance of field boundary marks in the Presidency of 
Bombay.

WHEREAS  it  is  desirable,  with  a  view  to  the  better  definition  and  security  of  landed  property,  the 
prevention of encroachments and disputes, and the identification of lands assessed to, or exempted from, 
the public revenue, that provision should be made for the establishment and maintenance of permanent 
marks to distinguish the boundaries of fields:

I.  It  is  hereby  enacted,  that  it  shall  be  lawful,  within  the  territories  subject  to  the  Presidency  of 
Bombay, for such Revenue Officers as the Governor in Council may entrust with that authority to require 
that marks be erected and maintained by the Owners or Occupants on the boundaries of fields, of such 
materials, and in such number as may appear to such Officers sufficient for permanently distinguishing 
the limits of those fields. 

II. And it is hereby enacted, that the requisition shall be served on the persons owning or occupying 
each field according to the form A. annexed to this Act, and in the event of these persons not being found 
in the Village, that the said requisition shall be posted at the Village Chowree or other conspicuous place 
in the Village, which shall be held to be a sufficient service.

III. And  it is hereby enacted, that in default of the Owners or Occupants of the fields complying with 
the requisition, the  said  Revenue  Officers  shall  give  directions  for  the  erection and  repair  of  such  field 
boundary  marks,  the  cost  of  which  shall  be  equitably  apportioned  on  the  fields  which  they  serve  to 
distinguish,  and  shall  be  charged  to  the  persons  possessing  a  right  of  ownership  or  occupancy  in  such 
fields, or if there are no such persons forthcoming, to the revenues of the Village in which the fields are 
situated. 

IV. And it is hereby enacted, that no person being out of possession and claiming a right of ownership 
or occupancy in fields, the cost of erecting or maintaining whose boundary marks has been charged to the 
revenues of the Village, in consequence of his neglecting to defray the same, shall have his claim allowed 
until he makes good all sums so charged. 

V. And it is hereby enacted, that any person who may be convicted of wilfully erasing, removing, or 
injuring  field  boundary  marks,  shall  be  laible  to  a  fine  not  exceeding  Fifty  Rupees  for  each  mark  so 
erased, removed, or injured, one half of which fine may be awarded on conviction to the informer, and the 
other half shall be chargeable with the cost of restoring the mark. 

VI. And it is hereby enacted, that authority for the assessment and realization of sums due under the 
provisions of this Act, whether as provide for the erection and maintenance of field boundary marks, and 
shall be exercised by them in conformity with the rules prescribed for the assessment and realization of 
Revenue  demands  in  general,  and  that  the  proceedings  of  those  Officers  in  all  such  matters  shall  be 
recorded  in  writing,  and  shall  be  subject  to  appeal  to  the  Revenue  Authorities  to  whom  they  are 
subordinate. 

______ 

###FORM A. 

Whereas you are the Owner (Occupant as the case may be) of the field  


                                 In the Village of                                     you are hereby required to fix boundary 
marks to the said field (by ridging or raising mounds of earth at the angles, or in such other mode as may 
be determined) or to repair its present boundary, within            days from this date, in default of which the 
same will be done by the Government Officers, and the cost recovered from you under Act III. of 1846.