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 departments 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 purpose 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 caution. The assessment is usually guaranteed against increase for a period of 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 purpose. 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 realised 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 Tahsildars.

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 (1 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.

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 : 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: 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.

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 with the sub-treasuries managed by the Sub-Treasury Officers. The accounts are submitted to the Accountant-General and instructions 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 the 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 respect of Tahsildars' orders under the Act (This power is delegated to an Assistant or Deputy Collector), (ii) appellate powers under Sections 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 11 of the Land Acquisition Act (I of 1894).

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.

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 (Buildings 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 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 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 and order in the district 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 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.

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 control of the police in the district, the District Magistrate has extensive powers under the Criminal Procedure Code and the Bombay Police Act (XXXII ot 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 into the State of crimes within 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 the issue of 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: 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 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 permanent 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.

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, 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. The Board meets periodically and tackles problems confronting ex-servicemen and their dependents.

Control of Essential 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 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.

TOP