GENERAL ADMINISTRATION

COLLECTOR

The collector though responsible to the Divisional Commissioner has actually to run the district administration and is not only the head of the revenue department but is expected to supervise the working of other departments so far as the needs and exigencies of the district administration are concerned.

Revenue: The collector is the custodian of government property in land (including trees and water) wherever situated, and at the same time is the guardian of the interests of public in land, so far as the interests of government in land are alienated to them.  All the land, wherever situated, whether used for agricultural or other purposes, is liable to payment of land revenue, except when it is expressly exempted by a special contract. [Vide Section 50 of Hyderabad Land Revenue Act of 1317 Fasli,] Land revenue is of three kinds: (1) agricultural assessment, (2) non-agricultural assessment, and (3) miscellaneous.  The collector is responsible for (i) assessment, (ii) collection, and (iii) accounting of all such land revenues.  The assessment is fixed on the lands in proportion to the productivity of lands considering their soil classification and valuation.  The assessment is revised every thirty years.  A revision of assessment is carried out by the settlement department.  Before a revision is made, the collector is expected to review the settlement reports.  The assessment is usually guaranteed against the increase for a period of thirty years.  The government, however, grant suspensions and remissions as a matter of grace on the report of the collector. [Vide Rule 42 read with Rule 45 of Hyderabad Land Revenue Rules, 1951.] As regards non-agricultural assessment, Sec. 50 of the Hyderabad Land Revenue Act of 1317 Fasli provides for alteration of agricultural assessment into non-agricultural assessment, and vice versa.  It is to be done by the collector in accordance with the provisions under the Hyderabad Land Revenue Act, and Land Revenue Rules of 1951.  Miscellaneous land revenue is to be fixed when the government land is temporarily leased.  The collector fixes the land revenue on such lands according to the circumstances of each case.  Miscellaneous land revenue is also realised through the sale of earth, stones, fruits of trees, etc., in government land.

It is the responsibility of the collector to see that the revenue dues are recovered punctually and with the minimum of coercion and that the collections are properly credited and accounted for.

Statistics of land revenue collections: The following figures give the land revenue collections in Bhir district for the year 1963-64:—

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), made applicable to the district in 1961, 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, and the collector has to undertake the recovery of such dues whenever called for.

With regard to the administration of the Forests Act, the ultimate responsibility lies with the collector, and the divisional forest officer is his assistant for the purpose of that 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 and recover the assessment fees from the permit-holders.  The collector is the chairman of the prohibition committee of the district.  In fact, he is the agency through which the Director of Excise and Prohibition implements the policy of the department.

The administration of Hyderabad Tenancy and Agricultural Lands Act (XIX of 1950) in its proper spirit rests with the collector.  He is also an appellate authority in respect of some sections and revisional authority in general, under various sections of the) said Act.

Under the bhoodan movement scheme, land measuring about 100.266 hectares (247 acres and 30½ gunthas) has been donated in the district, of which 89.804 hectares (221 acres and 36½ gunthas) has been distributed to the landless deserving persons, the remaining land having been reported to be unfit for cultivation.

Atiyat and Inam: The erstwhile government of Hyderabad had granted inam lands free of land revenue, making the rights in the lands not transferable.  There were two kinds of inam lands, viz., service conditional and madad-mash.

The former were granted for the performance and upkeep of religious institutions like temples, mosques, dargahs, etc., while the latter were sanctioned as personal inams.

These inams were abolished and vested in government on July 20, 1955 (the date of enforcement of the Hyderabad Abolition of Inam and Cash Grants Act, 1954).  About 17,446.823 hectares (43,112 acres) of land were vested in government under the said Act.  All preliminary enquiries have been completed and the occupancy rights of these lands have been conferred upon the inamdars, kabiz-e-kadim, permanent tenants and tenants who were in possession of land on July 20, 1955.

Inam lands sanctioned for community service were conferred on the occupants who were in possession on the date of enforcement of the Amendment Act of 1959 (July 1, 1960).  The cash grants sanctioned by the erstwhile government of Hyderabad for the performance of religious services still continue subject to the conditions of service.

The cash grants granted as madad-mash mentioned below were discontinued under the Hyderabad Cash Grants Act, 1952:

part A

Rusum payable —
1.  Sardeshmukh.
2.  Sardeshpande.
3.  Deshmukh.
4.  Deshpande.
5.  Dastbandars.

Part B

Mansab Maweza—
1.  Jagir including jagir pensions.
2.  Karza.
3.  Arazi.
4.  Saria.
5.  Abkari.
6.  Aslana kutub.
7.  Inuliazi.
8.  Nazaramahawers.
9.  Mahawari walazahi issued in lieu of jagir.

Part C

Ordinary mansaba, riayatkhas and mutfarriq mahawars, mash youmia, mamuls, saliyana, mikhasas and agrahars, mahawarts, walajahi other than those issued in lieu of jagir tahrirs, shirastedari, and nigari.

Cash giants specified in part A were discontinued from July 3, 1952 and cash grants specified in parts B and C were discontinued from 1st July, 1954 under the Hyderabad Abolition of Cash Grants Act, 1952 and the amended Act of 1960.

Compensation to the cash grants holders: The cash grants holders arc to get compensation for the cash grants which were abolished under the Abolition of Cash Grants Act, 1952.  According to the rules mentioned in the notification the holders of cash grants indicated in part A are entitled to get four times the annual grant and those mentioned in parts B and C are entitled to get six times the annual grant.  Claims have been invited from the holders of cash grants.  There are 1,010 such grants in the district.  The award for compensation would be passed after the claims are received.  Under the Hyderabad Abolition of Inams and Cash Grants Act, 1954, the patwari watan is also abolished.  Compensation is being paid to the watandars under the said Act.  Enquiries in watan cases are in progress.  Out of 825 claims, 731 awards amounting to Rs.  6,87,787.24 were passed by the end of July 1964.

Similarly, under the Bombay Inferior Village Watan Abolition Act, 1958, which is in force in this district from February 1962, the claims have been invited and compensation is to be paid to the watandars or inferior village servants.  They are entitled to get seven times the annual pay which they were drawing prior to the appointment of kotwals.

Grant of tagai loans: The Agriculturists Loans Act (XII of 1884) and the Land Improvement Loans Act (XIX of 1884) regulate the grant of loans to agriculturists at cheap rates for financing their operations.  The collector estimates the needs of his district in accordance with the policy of government.  In the event of bad season, he makes further demands for as much amount as can be usefully loaned to the agriculturists for the purpose of tiding over the scarcity.  He arranges for the proper distribution of the amount placed at his disposal, and makes the recoveries at the proper time.

The collector is the court of wards for the estates taken over under the Hyderabad Court of Wards Act.  He appoints a manager to superintend these estates.

Accounts.—The collector is in charge of the treasury and is personally responsible to government for its general administration for the correctness of the treasury returns and for the safe custodv of the valuables which it contains.  Bhir, being a banking treasury, there is no cash business conducted by the district treasury.

Daily routine work of the treasury is looked after by the treasury officer who is subordinate to the collector.  The collector supervises the transactions done by the district treasury and is (with the treasury officer) responsible to the Senior Deputy Accountant-General, Maharashtra (Nagpur), so far as the accounts matters are concerned.

Magisterial.—The collector's duties as the district magistrate are mostly executive.  He is the head of all executive and sub-divisional magistrates in the district.  As a district magistrate, he has the following powers:—

1.  to hear revisions from orders requiring security for keeping the peace or good behaviour (Section 406 of Cr.  P. C);

2.  to call for records from any subordinate executive magistrate (Section 435, Cr.  P. C);

3.  to issue commission for examination of witness (Sections 503 and 506, Cr.  P. C);

4.  to hear appeals from or revise orders passed by subordinate executive magistrates under Section 514.

Under authorisation by the state government, the district magistrate may invest any magistrate subordinate to him with:

1.  power to make orders prohibiting repetition of nuisance (Section 143),

2.  power to make orders calculated to prevent apprehended danger to public peace (Section 144), and

3.  power to hold inquests (Section 174).

Besides having control over the police in the district, the district magistrate has extensive powers under the Cr.  P. C, the Bombay Police Act (XXII of 1951) and other Acts for the maintenance of law and order.

In his executive capacity, the district magistrate is responsible for the issue of licences and permits under the Indian 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 also supervises the general administration of these Acts.

Under the Foreigners Act, the district magistrate looks after the proper implementation of various instructions received from government in respect of grant of visa, passports, etc.

Under the provisions of the Bombay Jail Manual, the district magistrate has to report, in the case of prisoners confined to his jurisdiction, regarding their requests for grant of furlough and parole.  He has also to supervise the general administration and working of sub-jails and the district jail.

District Registrar.—As a district registrar the collector controls the administration of the registration department in the district.

District Soldiers', Sailors' and Airmens' Board.—The collector is the president of the District Soldiers', Sailors' and Airmens' Board in an honorary capacity.  The main function of the board in the district is the collection of funds by way of sale of tickets on hostel days and sale of flags on the occasion of the flag day.  These funds are utilised by the board for the welfare of the ex-servicemen and their families.

Collector's office.—The collector's office at Bhir is divided into many branches.  The personal assistant to collector (now designated as the resident deputy collector) supervises the work of all the branches except the treasury.  He is also the additional district magistrate.

The deputy chitnis branch which is under the direct supervision of the additional district magistrate deals with the issue of the necessary arms licences, licences for possession of explosives, for cinema houses, for tea shops, etc.  It also deals with matters connected with the maintenance of law and order.  The general branch which is under the supervision of the head clerk (in the grade of tahsildar) deals with municipalities and village panchayats, excise recovery, execution of civil court decrees, court of wards, displaced persons and evacuee property, holding of coordination meetings, natural calamities, general elections as well as elections of the village panchayats and the local bodies, appeals, district soldiers', sailors' and airmens' board's record, etc.  The revenue branch under the revenue assistant (in the grade of a tahsildar) deals with matters like land revenue, land grants, tagai, establishment, recovery of government dues, forest matters, jamaabandi and accounts.  The treasury branch is in charge of the treasury officer.

The land reforms branch is in charge of the deputy collector, and deals with matters relating to the tenancy and tenures.  Inam abolition branch deals with matters relating to the Inam Abolition Act and is placed in charge of a deputy collector for abolition of inams.  The tahsildar, small savings, is in charge of the small savings branch.  Sales tax recovery branch is in charge of the sales tax recovery tahsildar.

Quasi-judicial functions in revenue matters.—Among the quasi judicial functions of the collector on the revenue side, apart from hearing appeals against the orders passed by the deputy collectors under the Hyderabad Land Revenue Act, he is empowered to decide the cases under the Hyderabad District Municipalities Act, 1956; the Atiyat Enquiries Act, etc., against the orders passed by the presidents and the atiyat deputy collector, respectively.

Under the Mamlatdars' Courts Act (Bombay Act II of 1906), the collector is empowered to revise mamlatdars' procedure under Section 23 of the Act.  He may call for and examine the record of any suit under this Act.  He can also delegate the powers conferred on him by this section to any deputy collector subordinate to him.

As regards the execution of civil court decrees, the civil court forwards to the collector the decrees for execution.  These decrees pertain to the possession of land.  The collector has to send such cases to the district inspector of land records for measurement after which action is taken as per the decrees issued.  The collector is the authority who has to start land acquisition proceedings.  The authority to pass the award is now delegated to deputy collectors and special land acquisition officers concerned.