REVENUE AND FINANCE

DEPARTMENT OF LAND RECORDS

Introduction.

THE LAND REVENUE SYSTEM PREVALENT IN JALGAON DISTRICT is Rayatwari and is based upon complete survey, classification and settlement assessment of every field.

The original survey settlements were introduced in the district between 1854 and 1866 and the first revision settlements between 1855 and 1897. The second revision settlements which are now in force were introduced between 1915 and 1926. There are no merged areas in this district. Thus the whole of the district has been surveyed, classified and settled except the below-noted Inam villages, which are originally surveyed for record-of-rights and temporarily settled between 1924-25 and 1926-27 for a period of four years. They have, however, recently been taken up for fresh survey and settlement under Post-War Reconstruction Scheme Nos. 75 and 77-A in which survey and classification only have been completed in (1) Bhondan-Digar, (2) Tondapur-Digar and (3) Gond-gaon-Digar. The current settlements have long expired in all the talukas of the district. The revision survey settlements were taken up but were discontinued, under Government orders.

Survey.

Original survey was done by chain and cross-staff with the unit of area as the 'English acre' with its sub-division, the guntha (121 square yards) (i.e., the square formed by one chain or 11 yards). 40 gunthas make an acre. The area of each survey number is separately entered in the Land Records under an indicative number and that of a sub-division subordinate to that of the survey number of which it forms a part.

Village, Taluka and District maps for all surveyed villages.

Accurate village maps have been prepared on the general scale of 20 chains to an inch, showing survey number, their boundary marks and other topographical details. From these maps, taluka and district maps have been prepared on a scale of 2 miles to an inch.

Classification.

There are two main classes of lands: (1) Dry crop and (2) Garden, further sub-divided into (1) Motasthal, (2) Patasthal and (3) Pot-Mot recognised as such. Each field was classified with reference to the texture of the soil, depth, deteriorating factors and extra advantages. In the case of garden lands, the water factor was also accounted for with reference to duration of water-supply and kind of crop grown. The classification value was expressed in terms of annas 16 annas representating the standard. The soil classification as originally confirmed or made during the revision survey is final and no general classification of soil is made again at further settlements (section 106, Land Revenue Code). The holder is, however. entitled to reclassification of his land on account of physical deterioration and reduction of assessment. All improvements made are exempted from taxation for a period of 30 years immediately preceding the year in which the settlement is introduced. Thereafter they are liable for taxation.

Settlement and Assessment.

Prior to 1939, the settlement procedure was prescribed by administrative orders of Government under the Land Revenue Code. The settlement procedure was first brought into the Statute Book under the Amendment Act, 1939, and certain changes have been made in the settlement 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, in brief, is as under: —

Settlement is defined as the 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—

(i) physical configuration,

(ii) climate and rainfall,

(iii) principal crops grown in the area, and

(iv) soil characteristics [section 117-C (1-A)].

The Settlement Officer examines fully the past revenue history of the zone with a view to assessing the general effect of the incidence of assessment on the economic conditions of the zone. He then proceeds to divide the lands to be settled into groups and fixes the standard rates for each class of land in such groups.

The groups are formed on a consideration of the following obligatory factors, viz., (i) physical configuration, (ii) climate and rainfall, (iii) prices and (iv) yield of principal crops.

If the Settlement Officer thinks it necessary he may also take into account the factors specified in clause (a) (i) of the proviso to the sub-section (2) of section 117-G, viz., (a) markets, (b) communications, (c) standard of husbandry, (d) population and supply of labour, (e) agricultural resources, (f) variation 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 and (i) sales of lands used for agriculture [section 117-G (2)].

'Standard rate' is defined with reference to any particular class of land in a group, as the value of one-sixteenth of the average yield of crops per acre on land in that class of sixteen annas classification value [section 117-C (5)].

Improvements made at the cost of the holders are exempted from enhancement of assessment for a period of 30 years immediately preceding the date on which the settlement expires (section 117-H). The settlement officer is required to formulate his principles for settlement on the above basis and submit a comprehensive report to the Collector concerned. The report is expected to contain—

(i) the various statistics and data collected by him in the prescribed forms; and

(ii) a statement showing the effect of his proposals as compared to that of the previous settlement in force.

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.

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.

After taking into account the objection, the Collector forwards the Settlement Officer's report 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 required to be placed on the Table of each Chamber of the Legislature and the proposals can be discussed in the Legislature.

Thereupon, the State Government passes final orders on the settlement report and after a notice of the orders has been given in the prescribed manner, the settlement is deemed to have been introduced.

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

A settlement ordinarily remains in force for 30 years. Government may, after the expiry of every ten years from the date on which settlement was introduced, enhance or reduce the assessment on lands in any zone by placing a surcharge or granting a rebate on the assessment by reference to the alterations of prices of the principal crops in such zone.

Additional water advantages accrued at the cost of Government can be assessed during the currency of the settlement.

The Record-of-Rights Law contained in Chapter X of the Land Revenue Code was enacted in 1913. It has been introduced in all the villages in the district. According to section 135-B (1) of the Land Revenue Code the Record-of-Rights contains the following particulars: —

(1) names of all holders, occupants, owners and mortgagees of the land or assignees of rent or revenue thereof;

(2) nature and extent of interests of such persons and conditions and the liabilities attached thereto (if any) by or to any of such persons; and

(3) rent or revenue payable and such other particulars prescribed, in this behalf.

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

Land Tenures.

Following various systems of tenures prevailed in the district before the passing of various land reforms introduced since 1947: —

Out of these six, the following four were abolished by the various enactments from the dates shown against them: —

The remaining inams noted at serial Nos. 3 and 6, viz., Devasthan Class III and Service Inams useful to Government Class VI are still in existence. Appendix A gives information regarding the land tenures in the district.

Land Records Department.

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

(i) 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 field operations preliminary to incorporation of the changes in the survey records,

(ii) to collect and provide statistics necessary for the sound administration of all matters connected with land,

(iii) to help to reduce, simplify and cheapen litigation in the Revenue and Civil Courts by providing reliable survey and other records,

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

(v) to conduct periodical revision settlement operations,

(vi) to organise and carry out the village-site and city surveys on an extensive scale and arrange for their proper maintenance,

(vii) to undertake special surveys for private individuals or for public bodies (such as survey of Inam villages) survey in connection with railway, municipal and local board projects, town planning schemes and survey for the defence and other Government departments,

(viii) 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,

(ix) to train the Revenue Officers in survey and settlement matters.

Duties and functions of the District Inspector of Land Records and his Staff.

The District Inspector of Land Records, Jalgaon, is the principal officer in charge of the Land Records department in the district. He is a 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, Inspector Aurangabad circle, in all the technical matters. He is also a sub- Records ordinate of the Collector of Jalgaon and has to carry out all and his administrative orders of the Collector in the matter of survey and Staff land records.

The duties of the District Inspector of Land Records who has an adequate staff are: —

(a) to supervise and take a field test of measurement, classification and pot-hissa work done by the District Cadastral and Maintenance Surveyors;

(b) to exercise control over the proper and prompt disposal of all measurement and other work done by the Surveyor staff and the district survey office establishments 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 seeing that they understand their duties in respect of (i) the record-of-rights, (ii) tenancy and crop registers and (iii) the boundary marks, repair work, etc. During his village inspection the District Inspector sees that the Government waste lands are not being unauthorisedly 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 surveyed on minor triangulation method and to arrange for their inspection and replacement where necessary;

(e) to compile the Huzur Statistics (Agricultural Forms Nos. I, II and III) with the clerical help placed at his disposal by the Collector;

(f) to maintain the accounts and watch the recovery of the City survey and Pot-Hissa dues;

(g) to inspect the City Survey Offices every year and to send the Inspection Memorandum (in triplicate) to the Superintendent of Land Records, who forwards one copy to the Settlement Commissioner and Director of Land Records and one copy to the City Survey Officer, through the Collector with his own remarks thereon;

(h) to arrange in consultation with the Collector concerned for the training of the Junior Indian Administrative Service Officers, the District Deputy Collectors, the candidates for the posts of Mamlatdars and Circle Inspectors, clerks and talathis in survey and settlement matters;

(i) to advise the Revenue Officer in the district in all technical matters concerned with the maintenance of survey records and the 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 partition decrees, etc. In the case of private work, the prescribed measurement fees are recovered from the parties in advance. The District Surveyor deals with such measurement cases as cannot ordinarily be entrusted to the cadastral surveyors on account of their difficulties, size, importance and urgency. The staff does the work of effecting necessary changes in the survey records by preparing kamijasti patraks during the monsoon. The shift system of measurement work has been tentatively introduced in this district with effect from 16th September, 1957 under Government Memorandum, Revenue Department, No. EST-1053-74625-C, dated 26th August, 1957, as it is found advantageous for the disposal of old urgent measurement correction cases during the Barkat (fair) seasons in other dry districts like Ahmadnagar, Poona, etc. The working of the system is being supervised.

Office and Head-quarter Assistant.

The District Survey Office is in charge of the Headquarter Assistant, who acts under the orders of the District Inspector of Land Records. The Headquarter Assistant and his staff are responsible for keeping the survey records up-to-date and in proper order. He deals with all correspondence connected with records (under the signature of the District Inspector of Land Records). In urgent circumstances, the Headquarter Assistant disposes of the references under his own signature in the absence of the District Inspector of Land Records informing the latter of the action taken by him. He recovers and accounts for the fees received for private measurement work according to the prescribed procedure. He also issues certified extracts from the survey records, and supplies printed maps to the applicant on payment of prescribed charges. The District Survey Office also issues the measurement cases to the surveyor for measurement and keeps a watch over their proper and prompt disposal, scrutinises the surveyor's work in the office and takes action to get all changes effected in the survey records. In this connection, necessary kamijasti patraks (with their abstracts) signed by the District Inspector of Land Records and countersigned by the Superintendent of Land Records and akarphod patraks signed by the District Inspector of Land Records, are sent to the Revenue Authorities for the correction of the village and taluka accounts, records and maps.

Maintenance Surveyors.

The Maintenance Surveyor staff is responsible for the maintenance of the city surveys (these are introduced under section 131 of Land Revenue Code) and the records including Record-of-Rights and maps connected therewith and assist the revenue administration of the city-surveyed area. They, therefore, work under the immediate control of the Revenue Officers in charge of the city surveys but technical and administrative control of the staff lies with the District Inspector of Land Records and Superintendent, Land Records. Such surveys have been introduced in the following important towns and cities in the Jalgaon district in the year noted against them: —

The cost of all the city surveys is borne by Government and recovered from the property holders by way of sanad fees. The original city survey of Pachora has been completed in the year 1956 but the maintenance is not so far introduced as the city survey maps are not yet printed. The cost of maintenance is borne by Government.

The following village sites have also been surveyed in the year noted against them: —

These village-site surveys are, however, not under regular maintenance.

Pot-Hissa Surveyors.

The staff of Pot-Hissa Surveyors in the district is working under the control of the survey Mamlatdars (PHS [Pot-Hissa Survey.]), Nasik, and the Special Superintendent, Land Records (PHS [Pot-Hissa Survey.]), Poona.

The staff of Pot-Hissa Surveyors does the measurement work of the sub-divisions of a survey number for keeping the Record-of-Rights up-to-date. During the monsoon the staff works out hissawar assessments and preparation 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 Inspector.

The staff of Circle Inspectors is primarily meant to assist the Revenue Officers in the up-to-date maintenance of village records and land records kept at the village and assist the revenue administration and are therefore under the control of the Collector. They supervise the work of the village officers but their technical work of maintenance of land records at the village is supervised by the District Inspector of Land Records and therefore their diaries are forwarded through him.

In Post-War Reconstruction Scheme.

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 Post-War Reconstruction Scheme No. 74 of Consolidation of Holdings under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. The Assistant Consolidation Officer, Jalgaon, and Additional Assistant Consolidation Officer, Jalgaon, are the District Officers entrusted with the preparation and execution of the consolidation of holdings scheme. They are gazetted officers of the cadre of the District Inspector of Land Records appointed by the Settlement Commissioner and Director of Land Records and working under the control of the Consolidation Officer, Jalgaon.

Since 1950, 254 villages in Jalgaon, Bhusawal and Erandol talukas have, in the first instance, been taken up for introducing the consolidation scheme. One hundred and thirty schemes have so far (1959) been undertaken, out of which 75 schemes have been completed. In 198 villages, the schemes are in progress and 16 villages are to be taken up shortly. The work is carried on at present at Government cost.

APPENDIX A

STATEMENT SHOWING THE INFORMATION OF TENURES IN JALGAON DISTRICT.

continued..

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