DIVISIONAL COMMISSIONER


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.

The following duties have been specifically laid down for the Commissioner :-

(a)  Supervision of and control over the working of Revenue Officers throughout the division ;

(b) Exercise of executive and administrative powers to be delegated by Government or conferred on him by law ;

(c) General inspection of offices of all departments within the division ;

(d) Inspection of local bodies on the lines done by the Director of Local Authorities in the pre-reorganisation State of Bombay ;

(e) Co-ordination and supervision of the activities of all Divisional Heads of Departments with particular reference to planning and development ; 

(f) Integration of  the administrative set-up of the incoming areas.

General Administration


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.

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.

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.

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.

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.

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.

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.

 
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.

 
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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

District Registrar

As District Registrar the Collector controls the administration of the Registration Department within his district.

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.

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 :

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.

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.

PRANT OFFICERS

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.

 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.  

TAHSILDARS AND NAIB-TAHSILDARS

Each tahsil is in charge of a Tahsildar. He is the officer in executive charge of the tahsil.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

REVENUE INSPECTORS 

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.

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 :-

To supervise the work of Patwaris.

To prepare, maintain and check rasid bahis.

To visit each patwaris circle in his charge once in three months and each village once in each touring season.

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.

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.

To conduct survey or measurement of land, prepare any maps or superintend any survey operations whenever required to do so by the revenue officers.

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.

To make immediate reports regarding damage from hailstorms, locusts, floods, fires, etc., and failure of water-supply, permanent deterioration of land from diluvision, etc.

To attest all entries made by the Patwaris in khasara relating to any land improvement to ensure the exemption of such improvements from assessment.

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.

To detect and report the cases of diversion of agricultural loans to non-agricultural purposes.

To maintain a register of survey appliances passed by the Patwaris and to check the instruments once in every three months.

To check and sign the traced maps, copies of khasara and kistabandi prepared by the Patwaris in connection with land acquisition work.

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.

TALATHIS 

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 :-

To prepare panchsala khasara as per roster approved by the Collector.

To write land revenue or rental demand in khate pustika.

To prepare kistabandi goshwara.

To prepare statements of sales and leases for selected villages in the prescribed form. 

To prepare grazing lists for issuing charai passes.

To prepare tenants list after girdawari every year.

To report cases of diversion of agricultural lands to non-agricultural purposes.

To report regarding breaches of condition of nistar toajib-ul-arz. 

To submit forecast reports of every crop in time to the district officers.

To report about farm prices of commodities sold in weekly markets from selected villages.

To help in the recovery of land revenue and other Government dues during the visit of revenue officers and credit into the bank.

To prepare irsal-patti. 

To supply necessary village records to  help them in their work.

VILLAGE SERVANTS

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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