REVENUE ADMINISTRATION

TENURES

History.

KOLABA DISTRICT FORMS PART OF THE KONKAN with its peculiar physical configuration and the problems of agriculture and administration have created its own special land tenures. These tenures arose out of the need of reclamation of the waste and uncultivated lands populating the villages by bringing settlers from outside and collecting land revenue on behalf of Government. Besides the usual survey tenure (usually known as the Khalsa Tenure), there were the following tenures prevailing in the district before the introduction of the various land tenure abolition acts introduced after 1949:―

(1) Khoti Tenure in Union and Merged State Areas.

(2) Kauli and Katuban Tenures.

(3) Shilotri Tenure.

(4) Other Inam Tenures (Political, Jagir, Inams  useful to community. Paragana and Kulkarni Inams, Miscellaneous. Alienations,  inferior village servants and personal inams).

Khoti Tenure.

Khoti Tenure.―The Khoti Tenure originated in the Konkan owing to the rugged nature of the tract and the difficulty of collecting land revenue. A powerful and influential middle-man, who could settle himself in the village, organise cultivation of land, command confidence of Rayats and be responsible to Government for revenue, was badly needed. This situation created a middle-man called the Khot. The Khots in Kolaba district were: -

(1) Settlement lease-holders;

(2) Non-settlement lease-holders consisting of sanadi and non-sanadi.

Setting aside Kadim Inams, Kauli lands, Sheri lands, Dharekari lands and unassessed waste in non-Sanadi villages the rest of the land was either Khoti Khasgi (i.e., land originally held by the Khot or which he has acquired by purchase etc., in his private capacity or brought under cultivation out of the waste land at his own expense) or Khoti Nisbat which included all the remaining land held in his capacity as Khot. The Khoti villages included some personal Inam villages and some Paragana Watan Khoti villages also. The Khot held the villages on payment to Government of the aggregate assessment of the village. His rights to the Khoti lands were heritable and transferable. He had also reversion rights in respect of the Khoti Nisbat lands forfeited, lapsed for failure of heirs and resigned by permanent tenants. He was entitled to Khoti Phayada from the permanent tenants and quasi-Dharekaris. The Khot had almost everywhere the power of enhancing the rents of the Rayats. In Kolaba district, there were some tenants who had the rights of not having their rents increased. Whatever profit (phayada) any of these tenure-holders could make by letting all or some of the lands to Rayats at rates higher than the survey assessment or higher than the rate at which they paid to Government was not regarded as a loss or nuksan or alienation of Government revenue, but the legitimate remuneration of the holder for relieving Government from the trouble of keeping accounts and collecting revenue. If the village was to come under attachment, still this profit (if any, remained after deducting the cost of management, etc.) was regard-ed as the holder's private money and taken to deposit and handed over, if satisfactory excuse for the need of attachment is establish-ed. In Kolaba district, however, Khoti phayada in attached Kabulayati villages was treated as Government revenue. In Khoti khasgi lands the Khots had full rights. The Khoti Khasgi land in Kolaba district was the private property of the Khot. The Khoti Nisbat land, however, vested in Government.

In the case of the Khoti Khasgi lands the Khot was recognised as an occupant and the Dharekari or quasi Dharekari in the case of the Dhara land, permanent tenants in the case of the lands held by them and, in the case of the Khoti Nisbat lands, any tenant in possession of such lands and if there was no tenant then the Khot was recognised as occupant. But a tenant other than a permanent tenant holding Khoti Nisbat land had to pay occupancy price equal to six times the assessment for acquisition of the occupancy right.

For abolition of the Khoti Phayada, a quasi Dharekari, a permanent tenant or a tenant of Khoti Nisbat land had to pay to the Khot the commuted value of the Khot's dues at a rate not exceeding three times the value of such dues, if payable in cash, or three times the value of such dues, if payable in kind subject to a maxi-mum of six times the survey assessment of the land. The occupancy price and commuted value of the Khot's dues were recover-able as arrears of land revenue.

The Khoti Tenure in Kolaba district, which was recognised by the Khoti Settlement Act, 1880 has since been abolished with effect from May 15, 1950, with all its incidence by the introduction of the Bombay Khoti Abolition Act of 1949 (Bombay VI of 1950) which has repealed the said Act of 1880. Four hundred and sixty four villages are covered under this Act.

The Bombay Merged Territories (Janjira and Bhor) Khoti Tenure Abolition Act, 1954, is applicable to the merged territories of Murud, Mhasla, Shriwardhan and Sudhagad Mahals and has come into operation with effect from August 1, 1954.

Kauli and Katuban Tenures.

(2) Kauli and Katuban Tenures.―The Kauli and Katuban tenures were found in the former State of Janjira now merged in the Kolaba district. The expression "Kaul" ordinarily meant an agreement and implied a contract or lease of land granted on favourable terms for the reclamation of land. It was, in essence a reclamation lease under which land was allowed to be held from payment of assessment for some years and the assessment was levied on a gradual scale. The expression "Katuban" meant fixed rent of assessment not liable to fluctuation since 1880. The terms "Kauls" and "Katubans" came to be treated as synonymous. They covered only scattered lands in 186 villages. The Kauli assessment was generally less than the survey assessment. but in a few cases the former exceeded the latter. A tree tax at varying rates was levied on these lands, the Kauli rent generally charged from the Kauldar being at the rate of four annas per fruit-bearing cocoanut tree. All these leases were permanent or hereditary.

During the continuance of the tenures for more than a hundred years, the lands under the Kauli and Katuban tenures were developed and the reason for continuing the reduced assessment disappeared. Consequently these tenures have been resumed with effect from August 15, 1953, under the Bombay Kauli and Katuban Tenures Abolition Act, 1953 (Bombay Act No. XLIV of 1953). All such lands have since been subjected to payment of full assessment, all incidence of the Tenures including the Tree Tax abolish-ed and all the Kauldars and permanent holders made occupants without charging any occupancy price and village records corrected.

Shilotri Tenure.

(3) The Shilotri Tenure.―Shilotri lands are lands that have been embanked, lands reclaimed from the sea and the permanence of which is dependent on the embankments being kept up. These reclamations were commonly known as khars. The Shilotri Tenure was found in Alibag and Pen talukas of Kolaba district. The tenure was of three varieties; first, Shilotri proper under which the Khar belonged to the person by whom it was reclaimed or his representative. The Shilotris were considered to have a proprietary right, they were letting out these lands at will and according to old custom levying a maund of rice per bigha, in addition to the assessment for the repairs of the outer embankment. These lands were surveyed and re-assessed at the survey in the same way as Government lands. The second class of shilotri lands was that in which either Government reclaimed the Khars or got their possession by lapse. The cultivators of these Khars were holding their lands just as other survey tenants did, but an extra assessment which was supposed to represent the Shilotri maund mentioned above was appropriated to the repairs of the embankments. The third class of Shilotri lands was that in which reclamations were made by associations of Rayats on special terms made with Government. This variety of tenure is distinguished from the Shilotri tenure proper by the term Kularg. In these Kularg Khars, the tenants carried out repairs of embankments jointly, each having a share of the land and assessment recorded against his name.

This Shilotri tenure has been abolished and the lands resumed with effect from February 1, 1956 under the Bombay Shilotri Sights (Kolaba) Abolition Act, 1955.

Inam Tenures.

(4) Inam Tenures.―The Political Inams governed by the Saran-jam Rules of 1898 and recognised by the British as a matter of political expediency in favour of certain historical families, without performance of service have since been resumed with effect from November 1, 1952 under "The Bombay Saranjams, Jahagirs and Inams of Political Nature Resumption Rules, 1952".

This Act is applicable to two villages only, viz., Sai and Padeghar in Panvel taluka. In case of the soil grants the resumption under the rules was outright and if any encumbrances were created by Inamdars, they were extinguished. Only the inferior holders paying assessment anterior to the grants were recognised as occupants. In the case of Land Revenue grants, the resumption was by levy of full assessment, the lands having been the private property of the holder.

The Jagirs of 41 villages, of the former Janjira and Bhor States were abolished under the "Bombay Merged Territories and Areas Jagirs Abolition Act, 1953 with effect from August 1, 1954.

Out of the Service Inams those useful to community have with the impact of mechanisation of transport and consequent disruption of the age-old self-sufficiency of the village economy since been abolished by "The Bombay Service Inams" (Useful to Community) (Gujarat and Konkan) Resumption Rules, 1954" with effect from December 1, 1954. Such inams were in Panvel, Karjat, Khalapur and Mahad talukas. The above resumption rules have abolished inams consisting of (a) Grants of Soil with or without exemption and (b) Grants of Revenue only. In the case of the former the resumption was outright. Only the inferior holders paying assessment to the Inamdar have been recognised as occupants.

The Bombay Paragana and Kulkarni Watans Abolition Act, 1950 (Act LX of 1950), abolished the Pargana Watans with effect from May 15,1951 and covered villages in all the talukas of the district.

The Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 was enforced with effect from August 1, 1955 and applied to the merged Ex-State Territories only. There were no lands covered by this Act but only cash allowances.

The Bombay Inferior Village Watans Abolition Act, 1958, is an important piece of legislation and has departed from the usual concepts of permanent tenants and inferior holders by conferring these rights on several persons who would not other-wise have been entitled thereto. The Act became effective from June 10, 1958. It is applicable to the whole district. The object of the Act is to remove some of the difficulties experienced in the course of the implementation of the other acts so far as they relate to the conferment of occupancy rights on inferior holders or permanent tenants. The implementation of this Act is in progress.

The Bombay Inferior Village Watans Abolition Act, 1958 has come into force with effect from August 1, 1959. There are no Service Watan Lands in any of the talukas except Panvel and Pen talukas in Kolaba district. The details of such lands are as under:―

The implementation of this Act is also in progress.

The Bombay Personal Inams Abolition Act of 1952 is applicable to 94 villages and the work of determining the occupancy rights and introduction of Record of Rights has so far been completed in 93 villages, whereas in the case of Mohili village, it is kept in suspension pending completion of the survey and classification which have recently been completed.

Devasthan Inams or Inams held for religious purposes or by charitable institutions and service Inams useful to Government still continue.

The ordinary survey tenure may be described as the right of occupancy of Government land continuable in perpetuity on payment of the Government demand and transferable by inheritance, sale, gift or mortgage without other restrictions than the requirements to give notice to the authority. This is the tenure as defined in the original Bombay Land Revenue Code Act V of 1879. There is, however, another variety created under, the amending Act VI of 1901 by the insertion of section 73A in the Code of 1879. Under this Act the Collector is authorised to grant the occupancy of lands for limited periods or on such conditions as he may think necessary, the principles borne being that the occupant cannot alienate his land without the previous permission of the Collector. This tenure is known as "New or Impartible" or "Restricted" Tenure. It affects only the unalienated lands and is introduced with the object of restricting injudicious transfers in backward areas and safeguarding the lands of imperfectly civilised against falling into the hands of savakars.

LAND REVENUE.

The land revenue system prevalent in Kolaba district is Rayatwari and is based upon a complete survey, soil classification and settlement on the assessment of every field.

The original survey settlements were introduced in all the talukas of the district between 1855 and 1860 except in Sudhagad mahal of the former Bhor State. In Bhor State it was introduced in 1885 and is still in force. The first revision settlements were also taken up in all the talukas of the district except in Sudhagad mahal between 1894 and 1903 and the second revision settlements were taken up in only seven talukas, viz., (1) Alibag, (2) Pen, (3) Panvel, (4) Uran, (5) Karjat, (6) Khalapur Mahal and (7) Roha between the years 1921 and 1928 while first revision settlement is still in force in the six talukas and mahals, viz., (1) Mangaon, (2) Mahad, (3) Poladpur, (4) Murud, (5) Mhasla and (6) Shrivardhan. Thus out of 14 talukas Second Revision Settlement is introduced in seven talukas, the First Revision in six talukas and original settlement in one taluka.

In the merged areas of the former Janjira State, i.e., in Murud, Mhasla and Shrivardhan Mahals the original survey settlements were introduced between 1884 and 1890 and the First Revision settlements between 1925 and 1927.

The current settlements have long expired in all the talukas and mahals of the district, but all the revision settlements were postponed since 1942 (vide G. R., R. D., No. 1016/39, dated 22-4-1942). The original and revision settlement work was, however, taken between the years 1956 and 1959 in only Pen taluka of the district in accordance with the revised procedure contained in G. R., R. D., No. STT. 1055, dated 10-10-1955 (Confl), but the same is again stopped with effect from June 1, 1959 before the completion of the work as per G. R., R. D., No. EST. 1059/12198C, dated 16-5-1959.

Thus the whole of the district has been surveyed, classified and settled except 78 ex-Inam villages of merged State area and 6 ex-Jagir villages of the merged State areas. Survey and Classification in all the above 78 ex-Inam villages (including Devasthan Inam villages) except the village Mohili of Pen taluka has been completed under the Post-War Reconstruction Schemes Nos. 75 and 77-A and the assessment for all these villages has also been fixed temporarily under L. R. R. 19-0. Survey and Classification work of 6 ex-Jagir villages has also been completed subsequently under Scheme No. 61 of the Second Five Year Plan and the assessment has also been fixed as per L. R. R. 19-0. The work of survey and classification of the ex-Inam village of Mohili in Pen taluka has also been recently completed and the work of fixing the assessment under L. R. R. 19-0 is in progress.

Survey.

The Survey was done by chain and cross staff. The cross staff survey has, however, been subsequently replaced by Plane Table Survey. The unit of the area is the "English Acre" with its division, the Guntha (121 Sqr. Yds.) (i.e., Squares formed by 1 Chain or 11 Yds.), 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 an indicative number subordinate to that of the survey number of which it forms part. The survey of unsurveyed villages which was done recently is, however, done by Plane Table.

Village, Taluka and District maps for all 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 and forests. From these village maps, taluka and district maps have been constructed to a scale of 1" = 2 miles

Land classification.

The main classes of lands recognised were-dry crop (varkas and rabi), rice (sweet and salt) and garden (agri and dongri) and each field was classified with reference to the texture of the soil, its depth and deteriorating factors and extra advantages, if any. In addition to the soil factor, tree factor was also taken into consideration during original classification or garden land. It was, however, substituted at revision by position class. 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 re-classification of soil is made again in future revision settlements (section 106. L. R. C). The holder is, however, entitled to re-classification and reduction of assessment due to subsequent physical deterioration of the soil due to natural causes only. All improvements made are exempt from taxation for a period of 30 years immediately preceding the years in which settlement is introduced. Thereafter they are liable to taxation. The following pot kharabs are especially taken into consideration in the surveys in Konkan region:―

(1) embankments for retaining water which are more than two annas in breadth and on which grass is grown and no crop of nagli and other grains is possible,

(2) the large embankments, dykes, water channels for drain-age and places where salt water is always to be found,

(3) the area of large stones and sheet rock, and

(4) wells, houses, nallas or other uncultivable areas.

Besides the above classes of land, there is also a distinct class known as Pulan lands in the district. These lands are the sandy plains situated in the immediate neighbourhood of the sea and tidal creeks. They are sometimes found quite bare, producing nothing, and are generally easily converted into rice lands or Agricultural Bagayats. They had been wrongly included in garden numbers or classed as pot varkas or altogether left at the original surveys. They have, however, been properly distinguished and classed by soil value according to their levels and the admixture of sand, at the revision settlements.

Settlement and Assessment.

Settlement and Assessment.―Prior to 1939, the settlement procedure was prescribed by administrative orders of Government under the L. R. C. Amendment Act of 1939 (Bombay XX of 1939). Under the L. R. C. Amendment Act XXVIII of 1956, 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 L. R. C. and Chapter III-A of the L. R. R. 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 homogeneous in respect of physical configuration, climate and rainfall, principal crops grown in the area, and soil characteristics [section 117-O (1-A)].

The Settlement Officer (appointed by the State Government under section 18 L. R. C.) 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 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 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; (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 is to expire (section 117-H).

The Settlement Officer is required to formulate his proposals of settlement on the above basis in the form of a comprehensive report to the Collectors concerned. The report would contain the various statistics and data collected by him in the prescribed form and a statement showing the effect of his proposals as compared to that of the 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 deferring 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-KK).

After taking into account the objections, the Collector forwards the Settlement Officer's report to the State Government through the Settlement Commissioner and Director of Land Records, Poona, and the Revenue Commissioner of the division with his remarks (section 117-K).

The settlement report together with the objections and the re-commendations of the Revenue Tribunal of the State is required to be 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 (section 117-L) and after a notice of the orders has been given in the prescribed manner, the settlement is deem-ed to have been introduced (section 117-0).

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 Jantries (tables of calculations) 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 was an 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 (section L. R. C. 117-E).

Government may after the expiry of every ten years from the date on which settlement was introduced under section 117-0 enhance or reduce the assessment of 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 (section 117-M).

Additional water advantages accrued at the cost of Government can be assessed during the currency of the settlement (section 117-Q).

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