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DIVISIONAL
COMMISSIONER
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The Commissioner is the
chief controlling authority of the Division in all matters concerned
with land revenue and the administration of the Revenue Department. He
acts as a links between the Collector and Government Appeals and
revision applications against the order of the Collector under the
Madhya Pradesh Land Revenue Code and Tenancy Law lie with him. Besides
revenue matters he is also responsible for supervision of the work of
the Collectors in their capacity as Direct Magistrates. He is also
responsible for the department activities in the Division and has the
supervise the work of regional officers of all departments concerned
with department.
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The following duties have
been specifically laid down for the Commissioner :-
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(a) Supervision
of and control over the working of Revenue Officers throughout the
division ;
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(b) Exercise of executive
and administrative powers to be delegated by Government or conferred on
him by law ;
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(c) General inspection of
offices of all departments within the division ;
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(d) Inspection of local
bodies on the lines done by the Director of Local Authorities in the
pre-reorganisation State of Bombay ;
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(e) Co-ordination and
supervision of the activities of all Divisional Heads of Departments
with particular reference to planning and development ;
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(f) Integration of
the administrative set-up of the incoming areas.
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General Administration
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| Collector |
The Collector is the head
of the district administration and in so far as the need and exigencies
of the district administration are concerned, he is expected to
supervise the working of other department also.
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| Functions.-
Revenue |
The Collector is the
custodian of Government property in land (including trees and water
wherever situated) and at the same time the guardian of the interests of
members of the public in land in so far as the interests of Government
in land have been conceded to them. All land wherever situated, whether
applied to agricultural or other purposes is liable to payment of land
revenue except in so far as it may be expressly exempted by a special
contract. Such land revenue is of three kinds, viz., agricultural
assessment, non-agricultural assessment and miscellaneous. The
Collector's duties are in respect of (1) fixation, (2) collection, and
(3) accounting of all such land revenue. The assessment is fixed on each
piece of land roughly every 30 years tahsil by tahsil. A revision survey
and settlement is carried out by the Land Records Department before a
revisions is made and the Collector is expected to review the settlement
report with grate care and caution. The assessment is usually guaranteed
against increase for a period of a 30 years. Government, however, grant
suspensions and remissions in bad seasons and the determination of the
amount of these suspensions and remissions is in the hands of the
Collector. As regards non-agricultural assessment it can be altered when
agriculturally assessed land is used for a non-agricultural purposes. In
the same way unassessed land used for non-agricultural purpose is
assessed to non-agricultural rates. All this has to be done by the
Collector according to the provisions of the rules under the Madhya
Pradesh Land Revenue Code, 1954 and the Maharashtra Land Revenue Code
1966. Miscellaneous land revenue also has to be fixed by the Collector
according to the circumstances of each case when Government land is
temporarily leased. It is also realiased by sale of earth, stones,
usufruct of trees, revenue fines, etc.
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The collection of land
revenue rests with the Collector who has to see that the revenue dues
are recovered punctually every year and with the minimum of coercion and
that the collections are properly credited and accounted for in the Wasul-baki-navis
branch both at the tahsil level and the district level. However the
work of actual collection of land revenue is done by the Talathis under
the control of the Tahsildar.
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The Collector also
responsible for the collection of fees and taxes under various other
Acts such as the Bombay Irrigation Act (VII of 1879).The Indian Stamps
Act (II of 1899), the Indian Court Fees Act (VII of 1870), the Bombay
Entertainment Duty Act (1 of 1923) and the Prohibition Act (XXV of
1949). There also other revenue Acts which contain a Provision that dues
under them are recoverable as arrears of land revenue. The Collector and
his office have to under taken recovery of such dues whenever necessary.
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As regards the
Prohibition Act, the Collector has to issue personal permits to liquor
and drug addicts. In fact, he is the agency through which the Director
of Prohibition and Excise executes the policy of the department. The
administration of the Bombay Tenancy and Agricultural Lands Act in its
proper spirit rests with the Collector. He is also an appellate
authority to here appeals under various Sections of these two Acts.
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| Inams |
All inams have
been abolished under the Land Revenue Exemption Act, 1948, and donation
or cash grants for charitable purposes, grants to religious, charitable
and public institutions and to the descendants of the Ruling Chiefs
under the Central Provinces and Berar Revocation of Land Revenue
Exemption Acts, 1948, have been sanctioned. With the introduction of the
Abolition of the Proprietary Rights Acts the ex-Madhya Pradesh
Government inaugurated a policy of abolishing alienations and all lands
in the district have now been assessed to full land revenue.
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| Public
Utility |
The Agriculturist Loans
Acts, (XII of 1884) and the Land Improvement Loans Acts, (XIX of 1883)
regulate the grant of loans to agriculturist at cheap rates for
financing their agricultural operations. The Collector has to estimate
the needs of his district in accordance with the policy of Government
for the time being and the event of the bad season, to make further
demands for as much money as could be usefully loaned for the purpose of
tiding over the need. He had to take necessary steps for the most
advantageous distribution of the amount placed at his disposal and to
see that the advances so made are recovered at the proper time. After
the loans are advanced to the borrowers it is the duty of the Prant
Officers and the Tahsildars to see that the loans are not utilised for
purposes other than those
for which the same were advanced.
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| Accounts |
The separation of the
Treasury and Revenue cadres at the district level has come into force
with effect from April 1, 1955. Before the separation of the Treasury
and Revenue Department, the Treasury Officer was from Revenue Department
and he had to perform various important executive functions in that
connection. After the separation, Treasury Officer, become a member of
the cadre of Maharashtra State Accounts Service and functioned
independently. The Treasuries are under the administrative control of
the Finance Department. At the district headquarters, the cash business
has been taken over by the Reserve Bank of India and at the tahsil
headquarters where there are non-baking treasuries, the cash business
rests with the sub-treasuries managed by the Sub-Treasury Officers. The
accounts are submitted to the Accountant-General and instruction laid
down in the Account Codes and Compilation of Treasury Rules are followed
by the District Treasury. Before the separation of treasuries from
Revenue Department, the Collector and the Accountant-General carried out
periodical inspections of treasuries. As a measure of administrative
control the Collector inspects the District Treasury once in a year
before the close of the financial year and similarly the Deputy
Collectors inspect the sub-treasuries. The Collector does not, however,
participate in daily routine of treasury business. For that work the
Treasury Officer is his delegate and representative.
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| Quasi-Judicial
Functions in Revenue Matters |
Among the Quasi-Judicial
Functions of the Collector on the revenue side apart from hearing
appeals from the decisions of the Sub-Divisional Officers under the
Madhya Pradesh Land Revenue Code and various other Acts, may be
mentioned (i) the revisional powers exercised under Section 23 of the
Bombay Mamlatdars Courts Act (II of 1906) in respects of Tahsildars
order under the Act (This power is delegated to an Assistant or Deputy
Collector), (ii) appellate powers under Section 52 and 67 of the Bombay
Irrigation Act (VII of 1979), (iii) the work which the Collector does in
connection with the execution of Civil Court decrees, and (iv)
proceeding and awards under Section 11 of the Land Acquisition Act (I of
1894).
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| Local Self
Government |
With the passing of the
Bombay Village Panchayats Acts, the Village Panchayat Administration is
looked after by village panchayats constituted for the villages.
However, the actual control of the village panchayats has been
transferred to the Panchayat Smitis with the passing of the Zilla
Parishads and Panchayat Samitis Act. The Collector is empowered to hold
election and bye-elections to the municipalities and the village
panchayats. The various acts governing local bodies have conferred upon
the Collector as the chief representative of Government authority to
supervise the actions of the local bodies and to give them advice.
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| Officers
of Other Departments |
The officers of other
departments stationed at the district headquarters are: (1)
The District and Sessions Judge, (2) the Chief Executive Officer, Zilla
Parishad, (3) the District Superintendent of Police, (4) the Executive
Engineer (Building and Communications), (5) the Civil Surgeon, (6) the
District Deputy Registrar of Co-operative societies, (7) the Divisional
Forest Officer, and (8) the District Inspector of Prohibition and
Excise.
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The District Judge has a
separate and independent sphere of work, and as Sessions Judge he
exercises appellate powers over the decisions of all Judicial Magistrate
in the district. The Bombay Separation of Judicial Executive Functions.
Act (XXIII of 1951) has separated the magistracy into 'Judicial
Magistrates' who are subordinate to the District Magistrate. It has
practically withdrawn all the powers of the Executive Magistrates of
trial of Criminal Cases.
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The District
Superintendent of Police and the Police Force are under the control of
the Collector in his capacity as the District Magistrate in so far as
the maintenance of law order in the district is concerned.
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The Executive Engineer's
(Building and Communications) work being of a technical nature he is not
directly subordinate to the Collector. However, he is expected to assist
the Collector whenever required to do so. The programme of relief work
is to be chalked out by him is consultation with the Collector. The
Civil Surgeon has also a separate and independent sphere of his own but
his expected to place his professional and technical advice and
assistance at the disposal of the general district administration
whenever required.
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The District Agricultural
Officer, the Social Welfare Officer, the Assistance Registrar of
Co-operative Societies, the Educational Inspector, the Administrative
Officer and the other officers have been allotted to the Zilla Parishad
since May1, 1962 and are under the control of the Chief Executive
Officer, Zilla Parishad.
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| District
Magistrate |
The Collector's
duties as District Magistrate are mostly executive. He is at the head of
all other executive Magistrates in the district. He exercises the power
under the Criminal Procedure Code and the Indian Penal Code.
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When authorised by the
State Government, the District Magistrate may invest any magistrate
subordinate to him, with the necessary powers. Besides being in the
control of the police in the district, District Magistrate has extensive
powers under the Criminal Procedure Code and the Police Act (XXXII of
1951) and other Acts for the maintenance of Law and Order. It is his
duty to examine the records of police stations in order that he may gain
insight in to the State of crimes within the limits of police stations
and satisfy himself that cases are being promptly Disposed of.
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In his executive
capacity, the District Magistrate is concerned with the issue of
licences and permits under the Arms Acts (II of 1878), the
Petroleum Act (VIII of 1899), Explosives Act (IV of 1884), and the
poisons Act (I of 1904). He has also to supervise the general
administration of these Acts and functions laid down thereunder.
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| District
Registrar |
As District Registrar the
Collector controls the administration of the Registration Department
within his district.
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| Sanitation
and Public Health |
The duties of the
Collector as regards sanitations are (a) to see that sanitary measures
are initiated in case of outbreak of epidemic diseases, (b) to watch and
stimulate the efficiency of the daily sanitary administration of
municipal committees and other sanitary authorities, and (c) to advice
and encourage local bodies to improve the permanent sanitary condition
of the areas under them so far as the funds at their disposal will
allow. He can freely requisition the advise and technical assistance of
the District Health Officer.
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| Zilla
Sainik Board |
The Collector acts as
President of the Zilla Sainik Board and exercises overall control over
the Board with the assistance of a paid secretary appointed from the
retired military officer's cadre. He maintains liaison between ex-servicemen
and their dependents, with the help of the staff sanctioned for the
Board by Government. The constitution of the Board is as under :
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The District Soldiers,
Sailors and Airmen's Board is composed of 12 members, vice-President and
a President. The Collector is the ex-officio President of the Board
while a retired military officer acts as the Vice-President. The Board
meets periodically and takes problems confronting ex-servicemen and
their dependents.
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| The
Control of Essential Articles |
The supply of essential
articles such as foodgrains, cement, coal, iron., is controlled by the
Collector and the distribution made according to the policies laid down
in this behalf by the Government. The post of the Food and Civil
Supplies Officer was abolished with effect from 1st September 1962 and
now one of the Deputy Collectors looks after food matters in addition to
his normal duties. To prevent malpractices and ensure equitable
distribution, the fair price shops are occasionally inspected by the
Deputy Collector in charge.
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PRANT OFFICERS
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Under the Collector are
the Prant Officers who are either Assistant Collectors (Indian
Administrative Service Officers) or District Deputy Collectors (Members
of the Maharashtra Civil Service). There are in all three prants or
Sub-Divisions in the district which are in charge of Sub-Divisional
Officers.
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The Prant Officers
from the connecting link between the Tahsildars and the Collector. A
Prant Officers exercises all the powers conferred on the Collector by
the Madhya Pradesh Land Revenue Code and any other law in force or by
executive orders in regard to the tahsils in his charge, except such
powers as the Collector may specially reserve to himself.
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TAHSILDARS AND
NAIB-TAHSILDARS
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Each tahsil is in charge
of a Tahsildar. He is the officer in executive charge of the tahsil.
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Each tahsil has been
divided into revenue, circles, each in-charge of Revenue Inspector. Patwaris
are appointed for Halkas ; each Halkas contain on an
average three to four villages depending upon the size of the village.
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| Revenue
Functions |
The Tahsildars revenue
duties are to enquire on report on cases under various Sections of the
Madhya Pradesh Land Revenue Code, now Maharashtra Land Revenue Code,
1966, and other Acts to the higher officers who have powers to dispose
of the matters. There are certain powers under the Madhya Pradesh Land
Revenue Code, 1954 and Maharashtra Land Revenue Code, 1966 vested in the
Tahsildars under which they themselves can dispose of certain matters.
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In regard to the annual
demand and collection of land revenue, the Tahsildar has to prepare the jamabandi
of the tahsil. The jamabandi is and audit of the previous year's
accounts. The demands for fixed agricultural revenue as well as
non-agricultural demand is settled. There are remissions and suspensions
to be calculated upon the fixed demand in lean years. Remissions and
suspensions are given in accordance with the crop annewari with
the determination of which the Tahsildar is most intimately concerned.
To the demand of fixed revenue is added the amount of non-agricultural
assessment and fluctuating land revenue, such at that arising from the
sale of trees, stones, sand, melon beds, etc., when the individuals
apply for them.
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The Tahsildar has also to
supervise and inspect the work of collection of land revenue, tagai
dues and other dues recoverable as arrears of land revenue. He can issue
notices, impose fines, distrain and sell moveable or immovable property
under the provisions of the Madhya Pradesh Land Revenue Code, 1954 and
Maharashtra Land Revenue Code, 1966. In short, he is to follow the
procedure laid down in various Sections of the Madhya Pradesh Land
Revenue Code, 1954 and Maharashtra Land Revenue Code, 1966 and the Rules
thereunder.
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It is the duty of the
Tahsildar to see that there is no breach of any of the conditions of the
lease or any irregularities or encroachments upon Government land and to
take immediate cognizance in case of such an occurrence.
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Applications for grant of
tagai are received by the Tahsildar who makes enquiries into them
though the Patwaris, inspects the sites for the improvement of
which tagai is sought, ascertains whether the security offered is
sufficient, determines what instalments for repayments would be
suitable, etc. These applications are put before the Tagai Advisory
Committee for advice. The final order regarding the grant of the amount
of tagai are passed by the Tahsildar or Naib-Tahsildar as
the case may be. Under the provisions of the Agriculturists Loans Act
and the Land Improvement Loans Acts, there are certain limits up to
which the Tahsildar himself can grant the loan. If the granting of the
loan is not within the power he enquires into the case thoroughly and
submits his report in the case for the orders of the Sub-Divisional
Officer or the Collector whoever is competent to pass final orders
regarding the grant of the loan.
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The Tahsildar duties
regarding tagai do not end with the granting of it. He has to see
that the loan in question properly utilised, to inspect the works
undertaken with it, watch the payment and to make recoveries from the
defaulters. He is primarily responsible for the administration of the
Bombay Tenancy and Agricultural Lands Act (LXVII of 1948) within the
areas under the charge.
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Additional Tahsildar and Naib-Tahsildar
(Mahalkaris) have been appointed for each tahsil for the work in
connection with the implementation of the Tenancy Law. The Tahsildars
are in overall charge of the tahsil administration and are not in any
way concerned with matters coming under the purview of the Tenancy Law
for which Additional Tahsildars and Naib-Tahsildars
are appointed.
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| Quasi-Judicial |
In his capacity as a
tahsil officer the Tahsildar has to perform multifarious duties. He is
to enquire in respect of disputed cases in connection with the
Records-of-Rights in each village. The matters which the Tahsildar has
to enquire into are registered under appropriate heads mentioned in the
Madhya Pradesh Land Revenue Code, 1954 and Maharashtra Land Revenue
Code, 1966.
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| Magisterial |
Every Tahsildar is the ex-officio
Magistrate of his tahsil. The Naib-Tahsildar are also appointed
as the Tahsil Magistrates. They are to hear chapter cases under the
Criminal Procedure Code from various police stations allotted to them.
They have to keep the direct Magistrate and the Sub-Divisional
Magistrates informed of all the criminal activities in their charge and
teak steps incidental to the maintenance of law and order with the aid
of police.
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| Other
Administrative Duties |
In addition to the duties
mentioned above the Tahsildar is responsible to the Collector and the
Sub-Divisional Officer whom he has to keep constantly informed of all
political happenings, outbreak of epidemics and other matters, occurring
in his tahsil. He generally helps or guides the officers of other
departments in the execution of their respective duties in so far as his
tahsil is concerned. He is responsible for holding the cattle Census.
The Tahsildar is also expected to propagate co-operative principles in
his tahsil officers of other departments e.g., the Station Officers of
the Police Departments, the Sub-Registrar, the Range Forest Officer,
Medical Officer, Postmaster, etc., is not definable. Though they are not
subordinate to him they are grouped round him and are expected to help
and co-operate with him in there spheres.
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Though the Tahsildar is
not expected to work directly for local bodies he is usually the
principal source of the Collector's information about them.
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REVENUE INSPECTORS
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In order to assist the
Tahsildar exercising proper supervision over the village officers and
village servants, Revenue Inspectors are appointed for every Revenue
Inspector's circle. Each such Revenue Inspector's has under him 25 to 30
Patwaris. They form a link between the Tahsildar and the village
population.
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The main duties of the
Revenue Inspector as laid down in various manuals concerning revenue
matters, and particularly the Revenue Inspector's Manual are as follows
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To supervise the work of Patwaris.
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To prepare, maintain and
check rasid bahis.
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To visit each patwaris
circle in his charge once in three months and each village once in each
touring season.
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To submit report to
Tahsildar and the Sub-Divisional Officer with a copy to District
Inspector of Land Records reading condition of crops, rainfall, prices
of foodgrains, fodder and water condition when called upon to do so.
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To report the occurrence
of any calamity, i.e., out break of cattle disease, epidemic or
anything unusual affecting the condition of the people, crop or cattle.
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To conduct survey or
measurement of land, prepare any maps or superintend any survey
operations whenever required to do so by the revenue officers.
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To make local enquiry in
respect of correctness of entries in village records and collect
information relating to land or agriculture when required by any revenue
officer.
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To make immediate reports
regarding damage from hailstorms, locusts, floods, fires, etc., and
failure of water-supply, permanent deterioration of land from diluvision,
etc.
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To attest all entries
made by the Patwaris in khasara relating to any land
improvement to ensure the exemption of such improvements from
assessment.
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To watch the proper
utilization of loans granted under Land Improvement Loans Act and
Agriculturists Loans Act and report cases of misappropriation to the
Tahsildar for necessary action.
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To detect and report the
cases of diversion of agricultural loans to non-agricultural purposes.
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To maintain a register of
survey appliances passed by the Patwaris and to check the
instruments once in every three months.
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To check and sign the
traced maps, copies of khasara and kistabandi prepared by
the Patwaris in connection with land acquisition work.
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To certify mutations only
when they follow from the execution or cancellation of a conditional
sale or relate to the imposition or discharge of a mortgage.
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TALATHIS
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The Patwaris or Talathis
are the principal village officials. Talathis are in charge of Sazas
(Halkas) which contain on an average, three to six villages
depending on the size of the villages. There are in all 1,644 villages
excluding 11. Forest villages and 290 Talathis are in charge of these
villages. The main duties of the Talathis are :-
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To prepare panchsala
khasara as per roster approved by the Collector.
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To write land revenue or
rental demand in khate pustika.
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To prepare kistabandi
goshwara.
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To prepare statements of
sales and leases for selected villages in the prescribed form.
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To prepare grazing lists
for issuing charai passes.
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To prepare tenants list
after girdawari every year.
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To report cases of
diversion of agricultural lands to non-agricultural purposes.
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To report regarding
breaches of condition of nistar toajib-ul-arz.
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To submit forecast
reports of every crop in time to the district officers.
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To report about farm
prices of commodities sold in weekly markets from selected villages.
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To help in the recovery
of land revenue and other Government dues during the visit of revenue
officers and credit into the bank.
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To prepare irsal-patti.
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To supply necessary
village records to help them in their work.
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VILLAGE SERVANTS
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The village servants or Kotwals
are appointed on fixed remuneration. Generally, one Kotwal is
appointed by Government where the village is small, and more than one
are appointed where the village is big. They assist the village officers
to collect land revenue, to summon villagers to the chawadi, to
carry land revenue to the tahsil office, to detect offences and to
apprehend known criminals and to keep law and order in the village.
There are at present 1,961 Kotwals in the district.
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