GENERAL ADMINISTRATION

FUNCTIONARIES

Divisional Commissioner.

Amravati district is included in Nagpur Division. The Divisional Commissioner. Nagpur Division, Nagpur, has jurisdic- tion over Nagpur, Bhandara, Chanda, Wardha, Akola. Buldhana and Yeotmal districts also.

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 link between the Collector and Government. Appeals and revision applications against the orders of the Collector under the Madhya Pradesh Land Revenue Code and Tenancy Law He with him. Besides revenue matters he is also responsible for supervision of the work of the Collectors in their capacity as District Magistrates. He is responsible for the development activities in the Division and has to supervise the work of regional officers of all departments concerned with development.

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.

Collector

The Collector is the head of the district administration and in so tar as the need and exigencies of the district administration are concerned, he is expected to supervise the working of other departments also.

Revenue.

(i) 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 in proportion to its productivity. The assessment is revised every 30 years tahsil by tahsil. A revision survey and settlement is carried out by the Land Records Department before- a revision is made and the Collector is expected to review the settlement report with great care and camion. The assessment is usually guaranteed against increase for a period of 30 years. Government, however, gram suspensions and remissions in had 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 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. 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 realised by sale of earth. stones, usufruct of trees, revenue lines, 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 branch of the wasul-baki-navis, both at the tahsil level and the district level. However, the work of actual collection of land revenue is done by the Assistant Gram Sevaks under the control of the Zilla Parishad [The work of collection of land revenue has again been transferred to the Government in the State sector and hence is supervised by the Collector.]

The following are the statistics relating to Land Revenue collections in Amravati district for 1961-62: -

The Collector is 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 (I of 1923) and the Bombay Prohibition Act (XXV of 1949). There are 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 undertake recovery of such dues whenever necessary.

In regard to the administration of the Forest Act the ultimate responsibility for the administration of the Forest Department, so far as his district is concerned, lies with the Collector and the  Divisional forest Officer is his assistant for the administration except in matters relating to the technique of forestry.

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 hear appeals under various sections of these two Acts.

Inams.

(ii) Inams.-All inams have been abolished under the Land  Revenue Exemption Act, 1948, and donations 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 Act, 1948, have been sanctioned. With the introduction of the Abolition of the Proprietary Rights Act, 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

(iii) Public Utility.-The Agriculturists' Loans Act (XII of . 1884) and the Land Improvement Loans Act (XIX of 1883) regulate the grant of loans to agriculturists 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 in the event of a bad season, to make further demands for as much money as could be usefully loaned for the purpose of tiding over the need. He has 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.

The estates under the management of the Court of Wards through the Collector, Amravati, were relinquished in 1951, and hence no estates had to be taken up for management through the Court of Wards since then.

Accounts.

(iv) 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 from the Revenue Department, the Treasury Officer was from Revenue Department and he had to perform various important executive functions in that connection. After the separation, the Treasury Officer became 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-banking treasuries, the cash business rests" sub-treasuries managed by the Sub-Treasury Officers. instructions laid down in the Account Codes and Compilation of Treasury Rules arc 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 the daily routine of treasury business. For that work the Treasury Officer is his delegate and representative.

Quasi-judicial Functions in Revenue Matters.

(iv) 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: (1) the revisional powers exercised under section 23 of the Bombay Mamlatdars' Courts Act (II of 1906) in respect of Tahsildars' orders under the Act (This power is delegated to an Assistant or Deputy Collector), (ii) appellate powers under section 53 and 67 of the Bombay Irrigation Act (VII of 1879), (iii) the work which the Collector does in connection with the execution of Civil Court decrees, and (iv) proceedings and awards under section II of the Land Acquisition Act (I of 1894).

Local Self-Govermnent

(v) Local Self-Government.-With the passing of the Bombay Village Panchayats Act, 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 Samitis with the passing of the Zilla Parishads and Panchayat Samitis Act. The Collector is empowered to hold elections 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. He is also the Chairman of the District Selection Committee for the selection of class III and IV employees.

Officers of Other Departments.

(vi) 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 (B. & C), (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 magistrates in the district. The Bombay Separation of judicial and Executive Functions Act  (XXIII of 1951) has separated the magistracy into 'Judicial  Magistrates who are subordinate to the sessions Judge and  'Executive Magistrates who are subordinate to the District  Magistrate. It has practically withdrawn all the [lowers of the  Executive Magistrates of trial of criminal cases.

The Chief Executive Officer of the Zilla Parishad works in the capacity of an adviser to the District Selection Commute.: of which the Collector is the Chairman.

The District Superintendent of Police and the police force are under the control of the Collector in his capacity as (he District Magistrate in so far as the maintenance of law and order is concerned.

The Executive Engineer's (Buildings 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 in consultation with the Collector,

The Civil Surgeon has also a separate and independent sphere of his own. but is 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 Assistant Registrar of Co-operative Societies, the Educational Inspector, the Administrative officer and the other officers have been allotted to the Zilla Parishad since May 1, 1962, and are under the control of the Chief Executive Officer, Zilla Parishad.

The District Industries officer, the Treasury officer, the District Inspector of Land Records, the Employment Exchange officer, the Publicity officer and the Inspector of Shops and Establishments have intimate contact with the Collector in matters relating to their departments and have to carry out his general instructions.

The Collector is invested with the power of requisitioning the services of any officer at the district level either directly or through his superiors.

District Magistrate.

(vii) As 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 powers 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 control of the police- in the district, the District Magistrate has extensive powers under the Criminal Procedure Code and the Bombay Police Act (XXII of 1951) and other Acts for the maintenance of Law and Order, It is his duty t0 examine the records of police stations in order that he may gain insight into the state of crimes in the limits of the police stations and satisfy himself that cases are being promptly disposed of.

In his executive capacity, the District Magistrate is concerned with his executive licences and permits under the Arms Act (II of 1878) the Petroleum Act (VIII of 1899), the 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

(viii) As District Registrar.-As District Registrar the Collector controls the administration of the Registration Department within his district.

Sanitation and Public Health.

(ix) Sanitation and Public Health.-The duties of the Collector as regards sanitation 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 advise and encourage local bodies to improve the per-manent sanitary condition of the areas under them so far as the funds at their disposal will allow. He can freely requisition the advice and technical assistance of the District Health Officer.

District Soldiers' Airmen's Board.

(x) District Soldiers', Sailors' and Airmen's Board.-The Collector acts as President of the District Soldiers', Sailors' and Airmen's 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, a 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. This Board meets periodically and tackles problems confronting ex-servicemen and their dependents.

Control of Articles

The supply of essential articles such as foodgrains, cement, coal. iron etc. is controlled by the Collector and the distribution made according to the policies laid down in this behalf. 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 supply matters in addition to his normal duties. To prevent malpractices and ensure equitable. distribution the fair price and sugar shops are occasionally inspected.

Prant Officers.

The Prant Officers.-Under the Collector are the Prant Officers who are either Assistant Collectors (I.A.S. Officers) or District Deputy Collectors (Members of the Maharashtra Civil Service). There are in all five prants or sub-divisions in the district which are in charge of Sub-Divisional Officers.

The Prant Officers form the connecting link between the  Tahsildars and the Collector. A Plant Officer exercises all the  powers conferred on the Collector by the M. P. 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. 

Thasildars and naib-Tahsildars

The Tahsildars and the 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 a Revenue Inspector. Patwaris are appointed for Halkas; each Halka contains on an average three to four villages depending upon the size of the village. Now the services of the Patwaris have been transferred to the Zilla Parishad.

Revenue.

(i) Revenue,-The Tahsildar's revenue duties are to enquire and report on cases under various Sections of the M. P. Land Revenue Code and other Acts to the higher officers who have powers to dispose of the matters. There are certain powers under the M. P. Land Revenue Code, 1954, 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 an audit of the previous year's accounts. The demand for fixed agricultural revenue as well as the non-agriultural demand is settled. There are remissions and suspensions to he 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 as that arising from the sale of frees, 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 recover able as arrears of land revenue. He can issue notices, impose 5nes. distrain and sell moveable or immoveable property under the provisions of the Madhya Pradesh Land Revenue Code. 1954. In short, he is to follow the procedure laid down in various Sections of the Madhya Pradesh Land Revenue Code, 1954 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.

Applications for grant of tagai are received by the Tahsildar who makes enquiries into them through the Patwaris (Assistant Gram Sevaks), inspects the sites for the improvement of which tagai is sought, ascertains whether the security offered is suffi cient, determines what instalments for repayment would be suitable, etc. These applications are put before the T agai Advisory Committee for advice. The final orders, regarding the grant of 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 Act there are certain limits up to which the Tahsildar himself can grant the loan. It the granting of the loan is not within his powers 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's duties regarding tagai do not end with the granting of it. He has to see that the loan in question is properly utilised, to inspect the works undertaken with it, to watch the payment and to make recoveries from the defaulters. Me is primarily responsible for the administration of the Bombay Tenancy and Agricultural Lands Act (LXVII of 1948) within the areas under his charge.

Additional Tahsildars and Naib-Tahsildars (Mahalkaris) have been appointed for each tahsil for the work in connection with the implementation of the Tenancy Law. The Tahsildars arc 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.

(ii) Quasi-Judicial.-In his capacity as a tahsil officer the Tahsildar has to perform multifarious duties. He is also to enquire in respect of disputed cases in connection with the Record 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.

Magisterial.

(iii) Magisterial.-Every Tahsildar is the ex-officio Magistrate of his tahsil. The Naib-Tahsildars are also appointed as 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 District Magistrate and the Sub-Divisional Magistrates informed of all the criminal activities in their charge and take steps incidental to the maintenance of law and order with the aid of police.

'Treasury and Accounts.

(iv) Treasury and Accounts.-As a Sub-treasury Officer the Tahsildar is in charge of a tahsil treasury which is called a Sub-treasury. The Sub-treasury is under the control of a Naib-Tahsildar designated as Sub-Treasury Officer. All money due to Government in the tahsil from land revenue, forest, excise, public works, sales tax and income-tax dues and other receipts are paid into this treasury and credited to the receipt heads and drawn from it under cheques and bills. The tahsil sub-treasury also works as local depot for the sale of stamps, general courtfee and postal orders of all denominations. Stock of opium is held  here for sale to permit-holders.

A currency chest is maintained at almost all sub-treasuries in which surplus cash balances are deposited. From it with- drawals are made to replenish Sub-treasury balances. Sub-treasuries are treated as agencies of the Reserve Bank of India for remittance of funds.

The Tahsildar has to verify the balances in the Sub-treasury, including those of stamps and opium, on the closing day of each month, The report of the verification, together with the monthly returns of receipts under different heads, has to be submitted by the Tahsildar to the Treasury Officer at Amravati. The Sub-Treasuries are annually inspected by the Collector and the Sub-Divisional Officers, The District Treasury is also inspected every year by the Collector,

Other Administrative

(v) 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, 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. The Tahsildar's position in relation to the tahsil officers of other departments, e.g., the Station Officers of the Police Department, 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 their 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,

The Revenue Inspectors.-In order to assist the Tahsildar in  exercising proper supervision over the village officers and village servants, Revenue Inspectors are appointed for every Revenue Inspector's circle. Each such Revenue Inspector has under him 25 to 30 Patwaris (Assistant Gram Sevaks). 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: -

(1) To supervise the work of Patwaris.

(2) To prepare, maintain and check rasid bahis.

(3) To visit each patwari circle in his charge once in three months and each village once in each touring season.

(4) To submit report to Tahsildar and the Sub-Divisional Officer with a copy to District Inspector of Land Records regarding condition of crops, rainfall, prices Of foodgrains, fodder and water condition when called upon to do so.

(5) To report the occurrence of any calamity, i.e., outbreak OS cattle disease, epidemic or anything unusual affecting the condition of the people, crop or cattle.

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

(7) 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.

(8) To make immediate reports regarding damage from hailstorms, locusts, floods, fires, etc., and failure off water-supply, permanent deterioration of land from diluvion, etc.

(9) To attest all entries made by the patwaris in Khasara relating to any land improvement to ensure the exemption of such improvements from assessment,

(10) 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.

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

(12) To maintain a register of survey appliances passed by the patwaris and to check the instruments once in every three months. |

(13) To check and sign the traced maps, copies of Khasara and Kistabandi prepared by the patwaris in connection with land acquisition work. |

(14) 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.

Patils

The Patil is the principal village official. His duties arc laid down in section 207 (Chapter XVII) of the Madhya Pradesh Land Revenue Cod-, 1954 (M. P. II of 1955). Formerly there were Revenue and Police Patils functioning at some villages. From 1st January. 1963, the posts of Revenue Patils have been  abolished. In smaller villages only one person was doing the duties of Revenue as well as Police Patil. The Police Patil's  duties are laid down in Bombay Village Police Act (VIII of  1867).

The charge depends on the size of the village and Khasara numbers under each charge. The village in his charge comprise a Halka. His main duties are-

(1). To prepare Panchsala- Khasara as per roster approved by the Collector..

(2) To write land revenue or rental demand in Rasid Bahis.

(3) To prepare Kistabandi Goshwara.

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

(5) To prepare grazing lists for issuing charm passes.

(6) To prepare tenants' list after Girdawan every year.

(7) To report cases of diversion of agricultural land to non- agricultural purposes.

(8) To report regarding breaches of condition of Nistar Wajib-ul-arz.

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

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

(11) To help in the recovery of land revenue and other Government dues during the visit of revenue officers.

(12) To prepare Irsal-patti.

(13) To supply necessary village records to chakbandi officers and also to help them in their work.

Village Servants.

The village servants or Kotwals are appointed on fixed  remuneration and are granted service inam lands. Generally. one Kotwal is appointed by Government where the village is small. More than one are appointed where the village is big. They assist the village officers to collect land revenue, to summon villagers to the chavdi, to carry the land revenue to the tahsil office, to help the Patil in the detection of offences and to help to apprehend known criminals and to keep law and order in the village.

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