REVENUE ADMINISTRATION

LAND RECORDS DEPARTMENT OF LAND RECORDS

Introduction.

THE LAND REVENUE SYSTEM PREVALENT IN DHULIA DISTRICT is rayatwari and is based on complete survey, classification and settlement of assessment of every field.

The original survey settlements were introduced in the district, except Akkalkuwa taluka and Akrani mahal. between 1858 and 1871 The first revision settlements were completed between 1892 and 1905. The second revision settlements which are now in force were introduced between 1911 and 1925 except in Sakri taluka. The original survey settlements in 67 villages of Akrani mahal were introduced in 1928. The remaining 73 villages from this mahal have yet to be surveyed and settled. The lands in Akkalkuwa taluka which were inam lands of the merged areas, were surveyed and classified in 1955-56.

Survey

The original survey was done by chain and cross-staff. The unit. of area is English acre with its sub-division, the gunthas (121 Sq. Yards i.e. square formed by one chain of 11 yards), 40 gunthas making one acre. The area of each survey number is separately entered in the land records under an indicative number and that of a sub-division too is so entered under the indicative number subordinate to that of survey number of which it forms a part. The survey of unsurveved villages which was done recently was. however, done by plane table method.

Village, taluka and district maps for surveyed villages

Accurate village maps have been prepared (generally on a scale of 1"-20 chains) for all surveyed villages showing the survey number and their boundary marks and other topographical details such as roads, nallas, forests, etc. From these village maps, taluka and district maps were prepared on a scale of 1"-2 miles.

Classification.

There are two main classes of lands: (1) dry crop and (2) garden, further subdivided into (i) motasthal and (ii) patasthal. Each field was classified with reference to the texture of the soil, depth, deteriorating factors and extra advantages. In the case of garden lands in addition to the soil factors, the water factor was also classified in consideration of the duration of water-supply, and kind of crop grown. The classification value was expressed in terms of annas 16 annas representing the standard. The soil classification as originally confirmed or made during the revision survey is final and no general reclassification of soil is made again at further revision settlements (Section 106, Land Revenue Code). The holder is. however, entitled to reclassification and reduction of assessment of his land on account of physical deterioration of the soil. All improvements made are exempt from taxation for a period of 30 years immediately preceding the year in which the settlement is introduced. Thereafter they are liable to taxation.

Settlement and Assessment.

Prior to 1939, the settlement procedure was prescribed by administrative orders of Government under the Land Revenue Code Amendment Act (XX of 1939). Under the L. R. C. Amendment Act XXVIII of 1956, certain changes have been made in the procedure. The changes in brief involve a shift in emphasis from the general economic conditions of the area and rental values to the prevalent prices and yields of principal crops. The various provisions governing the settlement procedure are contained in chapter VIII-A of the Land Revenue Code and chapter III-A of the Land Revenue Rules. The prescribed procedure is in brief, as under:-

"Settlement" is defined as a result of operations conducted in a zone in order to determine the land revenue assessment [section 117(c)(1)].

"Zone" is defined as a local area comprising a taluka or a group of talukas or portions thereof of one or more districts, which is contiguous and homogenous in respect of physical configuration, climate and rainfall, principal crops grown in the area and soil characteristics.

The settlement officer (appointed by the State Government under section 18 of the Land Revenue Code) examines fully the past revenue history of the zone with a view to assessing the general effect of the existing incidence of assessment on the economic condition of the zone. He then proceeds to divide the lands to be settled into groups and fix the standard rates for each class of land in such groups.

The groups are formed on consideration of physical configuration, climate and rainfall, prices and yield of principal crops.

If the settlement officer thinks it necessary to do so, he may also take into account the factors specified in clauses (a) (i) of the provision to the sub-section (2) of section 117-C (Land Revenue Code), viz.: -

(a) markets;

(b) communications;

(c) standard of husbandry;

(d) population and supply of labour;

(e) agricultural resources;

(f) variations in the area of occupied and cultivated lands during the last 30 years;

(g) wages;

(h) ordinary expenses of cultivating principal crops including the wages of the cultivator for his labour in cultivating the land;

(i) sale of lands used for agriculture.

"Standard rate" is the normal assessment per acre on land in the respective class of 16 annas classification value.

Improvements made at the cost of the holders are exempted from the enhancement for a period of 30 years immediately preceding the date on which the settlement expires (section 117-H).

The settlement officer formulates his proposals of settlement on the above basis in the form of a comprehensive report which contains the various statistical data collected by him in the prescribed forms and a statement showing the effect of his proposals as compared to that of previous settlement in force [L. R. R. 19-B(1)].

The settlement report is published in the regional language in each village in the prescribed manner, together with a notice stating the existing standard rates for each class of land and the extent of increase or decrease proposed by the settlement officer. A period of three months from the date of notice is allowed for any objections to the settlement proposals (section 117-J).

Provision is made for referring settlement proposals to the revenue tribunal by the State Government at the instance of aggrieved persons (who have to deposit the prescribed amount of cost) within two months from the date of the notice (section 117-K).

After taking into account the objections, the Collector forwards the report of the settlement officer to the State Government through the Settlement Commissioner and Director of Land Records with his remarks (section 117-K).

The settlement report together with the objections and the recommendations of the Maharashtra Revenue Tribunal is placed on the table of each chamber of the Legislature and the proposals can be discussed in the Legislature (section 117-C).

Thereupon the State Government passes final orders on the settlement report (sec. 117-L). and after a notice of the order is given in prescribed manner, the settlement is deemed to have been introduced (section 117-O).

The assessment to be imposed on each holding in the case of an original settlement is determined by the application of standard rates to the classification value of lands through the medium of the Jantris (table of calculation) prepared by the superintendent of land records and in case of a revision settlement it is worked out by increasing or decreasing the old assessment in the same proportion as there is increase or decrease in the new standard rates over the old ones (L. R.R. 19-H).

A settlement ordinarily remains in force for 30 years (sec. 117-E).

Additional water charges accrued at the cost of government can be assessed during the currency of the settlement (sec. 117-Q).

Record of Rights.

The Record of Rights Law (contained in chapter X of the Land Revenue Code) was enacted in 1913. The Record of Rights has been introduced in all the talukas except Akkalkuwa taluka. Survey for record of rights purposes has been undertaken in the Akkalkuwa taluka and record of rights for all the villages in the taluka is being introduced. According to section 135-B (1) of the Land Revenue Code, the record of rights contains the following particulars:-

(a) the names of all persons who are holders, occupants, owners or mortgagees of the land or assignees of the rent or revenue thereof;

(b) the nature and extent of the respective interest of such persons and the conditions or liabilities attached thereto;

(c) the rent or revenue (if any) payable by or to any of such persons; and

(d) such other particulars as the State Government may prescribe under the rules made in this behalf.

The State Government has now applied the law to all tenancies also under section 135-B(2). Any acquisition of a right in land is to be reported to the village officers by the person acquiring it, unless it is registered (Land Revenue Code, section 135-C). Failure to carry out this obligation is liable to fine by way of late fees.

Functions.

The Land Records Department was created in 1884 when the revision survey and settlement operations were nearing completion and old " Survey Settlement Department" was brought to a close. The department is an adjunct to the Revenue Department. Its functions are:-

(1) to maintain all survey, classification and settlement records up-to-date by keeping very careful notes of all changes and for this purpose to carry out operations preliminary to incorporation of the changes in the survey records;

(2) to collect and provide statistics necessary for the sound administration of all matters concerned with the land;

(3) to help to reduce, simplify and cheapen litigations in revenue and civil courts by providing reliable survey and other records;

(4) to supervise preparation and maintenance of Record of Rights and of the periodical inspection of the boundary marks,

(5) to conduct periodical revision settlement operations;

(6) to organise and carry out village site and city surveys on an extensive scale and arrange for their proper maintenance;

(7) to undertake special surveys for private individuals or for public bodies, surveys in connection with railways, municipal and Zilla Parishad projects, town planning schemes and survey for defence and other government departments;

(8) to maintain up-to-date all village maps, and to reprint them and arrange for their distribution to various departments for administrative purposes and for sale to the public; and

(9) to train the revenue officers in survey and settlement matters.

District Inspector of Land Records.

The District Inspector of Land Records, Dhulia, is the principal officer incharge of the Land Records department in the district. He is a class II gazetted officer (of mamlatdar's rank) appointed by the Settlement Commissioner and Director of Land Records, and is directly subordinate to the Superintendent of Land Records, Nasik Circle, Nasik, in all technical matters. He is also subordinate to the Collector of Dhulia and has to carry out all administrative orders of the Collector in the matter of survey and records.

The District Inspector of Land Records is assisted by the district surveyor, six cadastral surveyors, five maintenance surveyors and other ministerial staff.

Being both a revenue and a survey officer, the duties of the District Inspector of Land Records are:-

(a) to supervise and take field tests of measurement and classification work done by the district, cadastral and maintenance surveyors;

(b) to exercise check over the prompt and proper disposal of all measurement cases and other works done by the survey staff and the district survey office establishment, by scrutinizing their diaries and monthly statements (Mahewars);

(c) to take a test of the work of as many circle inspectors and village officers as possible with a view to ensure that they under stand their duties in respect of (i) the Record of Rights, (ii) the tenancy and crop registers and (iii) the boundary marks repairs work, etc., during his village inspection. The District Inspector ensures that government waste lands are not being unauthorizedly used (his test is meant to be qualitative and not merely quantitative);

(d) to be responsible for the maintenance of the theodolite stones in the villages on the minor triangulation method and to arrange for regular inspection and replacement where necessary;

(e) to compile the huzur statistics (Agricultural forms No. I, II and III) with the clerical aid placed at his disposal by the Collector;

(f) to maintain the accounts and watch the recovery of the city survey and other dues;

(g) to inspect the city survey offices every year and to send the inspection memoranda (in triplicate) to the Superintendent of Land Records, who forwards one copy to the Settlement Commissioner and Director of Land Records, and one to the city survey officer through the Collector with his own remarks thereon;

(h) to arrange in consultation with the Collector concerned for training of the fresh Indian Administrative Service officers, the district deputy collectors, the mamlatdars and other staff in survey and settlement matters; and

(i) to advice the revenue officers in the district in all technical matters concerned with the maintenance of the survey records, and Record of Rights and to refer all doubtful cases to the Superintendent of Land Records.

District and Cadastral Surveyors.

The staff of the district and cadastral surveyors deals with the routine measurement and classification work whether done for government (i.e. in land acquisition cases, etc.) or on private applications, civil court decrees, etc. In the case of private work. prescribed fees are recovered from the parties in advance. The district surveyor deals with such measurement cases as cannot be entrusted to the cadastral surveyors on account of the difficulties such as their size, importance and urgency. The staff does the work of effecting necessary changes in the survey records by preparing kami jasti patraks during monsoon.

Maintenance Surveyors.

The staff of the maintenance surveyors is responsible for the maintenance of city surveys (these are introduced under section 131 of Land Revenue Code) and the records including the record of rights and the maps connected therewith and assist the revenue administration of the city survey area. They, therefore, work under the immediate control of the revenue officers incharge of the city survey, but the technical and administrative control of the staff vests with the District Inspector of Land Records and the. Superintendent of Land Records. Such surveys have, been introduced in the following important towns in Dhulia district in the years noted against each:-

The cost of the maintenance of the city surveys is usually borne by the government and recovered from the property holders by way of sanad fees. The city survey of Akkalkuwa was under maintenance upto 1956. It was discontinued for administrative reasons. No village site survey has been undertaken in the district.

Pot-Hissa Surveyors.

The staff of pot-hissa surveyors in the district is working under the control of the survey mamlatdar, Nasik. The staff does the measurement work of the sub-divisions of the survey number for keeping the record of rights up-to-date. During monsoon the staff works out hissavar assessments and preparations of duplicate sketches and akarphod statements for the use of the village officers (the cost of the sub-division measurement is recovered from the landholders under section 135-G (b), Land Revenue Code).

Circle Inspectors.

The circle inspectors are primarily expected to assist the revenue officers in the up-to-date maintenance of the village records and the land records kept at the villages and assist the revenue administration and are, therefore, under the control of the collector. They supervise the work of village officers and their work of maintenance of land records at the village is supervised by the District Inspector or Land Records.

Post-War Reconstruction Schemes.

In addition to the normal duties of the department referred to in the foregoing paragraphs, the Land Records department is entrusted with the execution of the following post-war reconstruction schemes.

There are four assistant consolidation officers working in the district with the consolidation officer, Dhulia, as their head. The assistant consolidation officers are in the cadre of the district inspector of land records and the consolidation officer in the cadre of prant officer.

The assistant consolidation officer is assisted by a nimtandar consolidation circle inspector and six surveyors in the measurement of subdivisions, bringing record of lights up-to-date and preparation of the schemes of consolidation. The consolidation circle inspector assists the assistant consolidation officer in the execution of the scheme of consolidation after confirmation of the scheme by the Settlement Commissioner or government as the case may be. They have started work in Dhulia, Nandurbar. Sindkheda, Sakri, and Shahada talukas of the district. The work is carried out at government cost.

The consolidation of holdings scheme is an important land reform scheme implemented with a view to prohibit further fragmentation of lands and to put some restriction on the slip-shod way of the sale of lands to bring together the scattered holdings for better and economical cultivation. The blocks are formed in consultation with the village committee. The benefit of the scheme would thus be fully realised by the agriculturists who are sure to extend full cooperation in drafting of the scheme.

TOP