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ADMINISTRATIVE STRUCTURE
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LAND REVENUE AND GENERAL ADMINISTRATION.
A REARRANGEMENT OF THE BOUNDARIES of various talukas
and mahals was effected in 1949 and 1950 and Chandgad taluka from the Belgaum district was included in this district with effect from 1st October, 1956. The district now covers an area of 3184.44 square miles and has according to the census of 1951, a population of 13,08,060. It is divided into two prants, comprising 9 talukas and 3 mahals as shown below:-
|
Area in
Square miles. |
Population.
(1951 Census) |
(1) Kolhapur or Northern Sub-Division- | | |
(i) Karvir Taluka |
262.4 |
2,66,299 |
(ii) Hatkanangale |
235.3 |
1,69,700 |
(iii) Shirol Taluka |
203.8 |
1,21,192 |
(iv) Shahuwadi Taluka |
407.5 |
86,765 |
(v) Panhala Mahal |
218.3 |
96,379 |
(vi) Bavada Mahal |
260.6 |
52,922 |
(2) Gadhinglaj of Southern Division- | | |
(i) Kagal Taluka |
212.0 |
1,10,734 |
(ii) Gadhinglaj Taluka |
191.6 |
1,11,397 |
(iii) Chandgad Taluka |
394.0 |
80,513 |
(iv) Bhudargad Taluka |
253.1 |
65,929 |
(v) Radhanagari Taluka |
344.5 |
87,205 |
(vi) Ajra Mahal |
205.3 |
59,025 |
Total |
3,188.4 |
13,08,060 |
Collector.
The Collector is the pivot on which the district administration turns. Not only is he at the head of the Revenue Department in the district, but, in so far as the needs and exigencies of the district administration are concerned, he is expected to superintend the working of the offices of other departments.
(1) Revenue.-The Collector is most intimately connected with the operation of the Bombay Land Revenue Code (V of 1879). He 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 purposes, is liable to payment of land revenue, except in so far as it may be expressly exempted by a special contract (vide section 45, Land Revenue Code). Such land revenue is of three kinds: -
(i) agricultural assessment,
(ii) non-agricultural assessment; and
(iii) miscellaneous (e.g., rates for the use of water in respect of which no rate is leviable under the Bombay Irrigation Act (VII of 1879).
The Collector's duties are in respect of: -
(a) fixation,
(b) collection, and
(c) accounting of all such land revenue.
The assessment is fixed on each piece of land roughly in proportion to its productivity. This assessment is revised every thirty years taluka by taluka. 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 reports with great care. The assessment is usually guaranteed against increase for a period of thirty years. Government, however, grant suspensions and remissions in bad seasons as a matter of grace, and the determination of the amount of these suspensions and remissions is in the hands of the Collector. As regards non-agricultural assessment, section 48 of the Code provides for alteration of the agricultural assessment when agriculturally assessed land is used for a non-agricultural purpose. In the same way, unassessed land used for a 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 Land Revenue Code. Miscellaneous land revenue also has to be fixed by the Collector according to the circumstances of each case.
The collection of land revenue rests with the Collector, who has to see that the revenue due is recovered punctually and with the minimum of coercion, and that the collections are properly credited and accounted for.
Statistics of Land Revenue Collections.-The statistics of land revenue collections in Kolhapur district for the year 1956-57 are as under: -
NUMBER OF VILLAGES: |
|
Khalsa |
1,061 |
|
Inam |
37 |
|
|
Rs. nP. |
GROSS FIXED REVENUE, INCLUDING NON-AGRICULTURAL ASSESSMENT AND ALL OTHER DUES |
|
29,54,593.17 |
Deduct- |
Rs. nP. |
|
Assessment assigned for special and public purposes including forests |
3,473.89 |
|
Net alienations of total inams |
2,50,964.63 |
|
Assessment of cultivable land: |
|
Unoccupied |
3,50,618.19 |
|
Free or specially reduced. |
5,271.21 |
|
Remaining fixed revenue for collection- |
|
Agricultural: |
|
Government occupied land including specially reduced. |
21,78,626.92 |
|
Alienated lands |
1,27,793.61 |
|
Building and other non-agricultural assessment |
37,844.72 |
|
FLUCTUATING MISCELLANEOUS REVENUE |
|
8,14,888.86 |
LOCAL FUND |
|
4,83,889.44 |
Demand |
|
35,89,423.56 |
Remissions |
|
3,89,546.7 |
Suspensions |
|
2,05,860.79 |
Collections |
|
33,36,919.72 |
Unauthorised balance |
|
99,793.57 |
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 Forest Act (XVI of 1927), the Indian Stamp Act (II of 1889), the Indian Court-fees Act (VII of 1870), the Bombay Tolls on Roads and Bridges Act (III of 1875), the Bombay Entertainments Duty Act (I of 1923), and the Bombay Prohibition Act (XXV of 1949). There are also Acts which contain a provision that dues under them are recoverable as arrears of land revenue, and the Collector and his establishment have to undertake the recovery of such dues when necessary.
In regard to the administration of the Forest Act, the ultimate responsibility for the administration of the department, so far as his district is concerned, lies with him, 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 shops permitted to sell liquor and drugs. The Collector of Kolhapur is the Chairman of the Prohibition Committee of the district. In fact he is the agency through which the Director of Prohibition and Excise arranges to have the policy of the department carried out.
The administration of the Bombay Tenancy and Agricultural Lands Act (LXVII of 1948), rests with the Collector. He is also an appellate authority to hear appeals under the various sections of the Act.
(2) Inams.-As a legacy of former Governments, alienations of land revenue have taken place in regard to
large areas of land in the district. There are also cash allowances settled under various Acts. It is the duty of the Collector to see that the conditions under which these are continuable are observed and they are continued only to persons entitled to hold them. Recently, however, the State Government have inaugurated a policy of abolishing these alienations, and within a few years almost all lands in the district are expected to be assessed to full land revenue. With effect from 1st May, 1951, all Kulkarni Watans along with the right of service were abolished by the Bombay Paragana and Kulkarni Watans Abolition Act (LX of 1950). By the Bombay Personal Inams Abolition Act (XLII of 1953), which came into effect on 20th June 1953, all personal inams are extinguished in the case of personal inams consisting of exemption from the payment of land revenue only, either wholly or in part, if the amount of such exemption is or exceeds Rs. 5,000, with effect from the 1st day of August 1953, and in all other cases, with effect from the 1st day of August 1955.
(3) Public Utility-The Agriculturist's Loans Act (XII of 1884) and the Land Improvement Loans Act (XIX of 1883), regulated the grant of loans to agriculturists at cheap rates for financing their operations. The Collector has to estimate the needs of his district in accordance with the policy of Government and, in the event of a bad season, to make further demands for as much money as can be usefully loaned for the purpose of tiding over the scarcity. He has to take necessary steps for the most advantageous distribution of the amount placed at his disposal, and to see that the advances made are recovered at the proper time.
The Collector of Kolhapur is the Court of Wards for the estates taken over under the Bombay Court of Wards Act (I of 1905).
(4) Accounts.-The Collector is in charge of the treasury and is personally responsible to Government for its general administration, the due accounting of all moneys received and disbursed, the correctness of the treasury returns and the safe custody of the valuables which it contains. In matters of accounts and audit, the Collector (with the Treasury Officer under him) is responsible to the Accountant General, whose instructions he has to obey. He does not, however, take part in the daily routine of treasury business. For that work his delegate and representative is the Treasury Officer.
(5) Quasi-judicial functions in revenue matters.-Among the quasi-judicial functions of the Collector on the revenue side, apart from hearing appeals from the Prant Officers under the 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 Mamlatdars' orders under the Act. (This power is delegated to an Assistant or Deputy Collector).
(ii) Appellate powers under section 53 of the Bombay Irrigation Act, in regard to fixation of betterment charges on lands under the irrigable command of a canal.
(iii) The work which the Collector does in connection with the execution of civil courts' decrees.
(iv) Proceedings and awards under section 11 of the Land Acquisition Act (I of 1894).
(6) Local Self-Government.-In all cases in which the power of passing orders in matters affecting local bodies rests with the Director of Local Authorities or Government, either the proposals are made by the Collector or they are received by the Director of Local Authorities with the Collector's remarks. There are, however, many matters in which the Collector can pass final orders. The control sections of the various Acts governing local bodies give authority to the Collector as the chief representative of Government to supervise the action of local bodies and to give advice.
(7) Officers of Other Departments.-The officers of other departments stationed at the district head-quarters can be divided into two groups: -
(A) (i) the District and Sessions judge;
(ii) the District Superintendent of Police;
(iii) the Divisional Forest Officer;
(iv) the Executive Engineer; and
(v) the Civil Surgeon.
(B) (i) the Superintendent of Prohibition and Excise;
(ii) the Administrative Officer, District Local Board;
(iii) the District Agricultural Officer; and
(iv) the Inspector of Sanitation and Vaccination.
(A) (i) 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 subordinates of the
Sessions Judge, and " executive magistrate", who are subordinate of the District Magistrate. Before the enactment of this
legislation, the Sessions Judge used to exercise appellate powers
over the decisions, in criminal cases, of the District Magistrate
and other First Class Magistrates, but the new legislation has
withdrawn from the executive magistrates practically all powers
of trial of criminal cases, and only in certain cases the Sessions
Judge has to hear appeals from the decisions of executive
magistrates.
(ii) The District Superintendent of Police and the Police force of the district are under the control of the District Magistrate.
(iii) The Divisional Forest Officer is regarded as the Collector's assistant in regard to forest administration.
(iv) The Executive Engineer stands a little apart. Since his work is technical, he is not directly subordinate to the Collector, though in a sense he plays a part subsidiary to the general administration of the district, of which the Collector is the head, and he is expected to help the Collector whenever required to do so. The Collector can ask him to investigate the utility of minor irrigation works likely to be agriculturally useful in the district. According to section 11 of the Bombay Famine Relief Code, the Executive Engineer arranges, in consultation with the Collector, for the inclusion, in the programme of expansion of public works, of the plans for special and current repairs to roads and other useful works suitable as scarcity works. The programme of famine relief works is also prepared quinquennially by the Executive Engineer in consultation with the Collector. When the time for actual opening of any work comes, the Collector can requisition the services of the Executive Engineer for making immediate arrangements for procuring the necessary establishment, tools, plant, building materials, etc. (Famine Relief Code, Section 81).
(v) The Civil Surgeon has also a separate and independent sphere of his own, but must place his professional and technical advice and assistance at the disposal of the general district administration whenever required.
(B) The Collector is the subordinate of the Director of
Prohibition and Excise in all matters pertaining to the
Bombay Prohibition Act (XXV of 1949). The Superintendent
of Prohibition and Excise is his subordinate, except in technical
matters.
The other officers in this group are also of subordinate status, their services in their particular sphere can be requisitioned by the Collector, either directly in case of necessity, if the matter is urgent or through their official superiors.
The following are some of the officers of the district who have more or less intimate contact with the Collector, in matters relating to their department and have to carry out his general instructions: -
(i) the District Industrial Officer;
(ii) the Backward Class Welfare Officer;
(iii) the Medical Officers at the various taluka centres;
(iv) the District Health Officer;
(v) the Compost Development Officer, (through the Rural Development Board);
(vi) the Divisional Veterinary Officer;
(vii) the District Inspector of Land Records;
(viii) the District Officer, Industrial Co-operatives and Village Industries;
(ix) the District Co-operative Officer; and
(x) the Marketing Inspector.
The Regional Transport Officer is other officer whose work in the district has to be conducted in consultation with the Collector.
(8) As 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. As District Magistrate, besides the ordinary powers of a Sub-Divisional Magistrate, he has the following powers among others: -
(i) Power to hear appeals from orders requiring security for keeping the peace or good behaviour (section 406, Criminal Procedure Code).
(ii) Power to call for records from any subordinate executive magistrate (section 436);
(iii) Power to issue commission for examination of witnesses (section 503 and 506);
(iv) Power to hear appeals from or revise orders passed by subordinate executive magistrates under section 514-procedure on forfeiture of bond (section 515). When authorised by the State Government, the District Magistrate may invest any magistrate subordinate to him with:-
(i) power to make orders prohibiting repetitions of nuisances (section 143);
(ii) power to make orders calculated to prevent apprehended danger to public peace (section 144); and
(iii) power to hold inquests (section 174).
The District Magistrate Kolhapur, is Chairman of the Board of Visitors of the Kolhapur Central Prison. The executive management of the sub-jails in the district is subject to his orders.
Besides having control over the police in the district, the District Magistrate has extensive powers under the Criminal Procedure Code, the Bombay Police Act (XXII of 1951), and other Acts for the maintenance of law and order. It is his duty to examine the records of police stations and outposts, in order that he may gain an insight into the state of crime within their limits 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, to inspect factories and magazines, and to perform various other supervisory functions.
(9) As District Registrar.-As District Registrar the Collector
controls the administration of the Registration Department
within his district.
(10) Sanitation and Public Health.-The duties of the Collector
in the matter of sanitation are: -
(a) to see that ordinary and special sanitary measures are initiated in cases of outbreaks of epidemic diseases;
(b) to watch and stimulate the efficiency of the sanitary administration of municipalities and other sanitary authorities; and
(c) to advise and encourage local bodies to improve the permanent sanitary conditions 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.
(11) District Development Board.-The Collector is ex-officio Chairman of the District Development Board. The Board
is constituted of district or divisional officers of the various
departments concerned with rural development, members of the
State Legislature who are residents of the district, the President
of the District Local Board, two non-official members of the
State District Development Board who are residents of the
district, representatives of co-operative agencies in the district,
such as the District Central Co-operative Bank, marketing societies and agricultural societies. The functions and duties of the board are: -
(a) to act as a focus of all rural development activities in the district;
(b) to formulate, for submission to Government through the appropriate channels, schemes for the improvement of rural areas and for increasing the production of agricultural commodities, mainly of food crops;
(c) to execute such schemes and administer such funds as may be relegated to them;
(d) to supervise and guide the work of taluka development boards and village food production committees;
(e) to select suitable agencies for the distribution of materials like groundnut cake, mixed manure, iron and steel, cement, diesel oil for agricultural purposes, etc., and to make provision for supervising the distribution work; and
(f) to assist and advise the officers concerned for the carrying out of rural development and for increasing food production.
(12) District Soldiers', Sailors' and Airmen's Board.-The Collector is also President of the District Soldiers', Sailors' and Airmen's Board. The Vice-President of this board is a military officer nominated by the Recruiting Officer, Poona, and the members of the board are: -
(i) the District Superintendent of Police;
(ii) the Regional Director of Resettlement and Employment, Bombay (or his nominee);
(iii) a representative of the Indian Navy;
(iv) the President, District Local Board;
(v) non-officials nominated by the Collector with concurrence of the State Board;
(vi) the Prant Officers of the district;
(vii) the Administrator, Services Post-War Reconstruction Fund and other Allied Funds; and
(viii) the members of the State Board resident in the district. An ex-Junior Commissioned Officer serves as paid secretary. The duties of the board are: -
(a) to promote and maintain a feeling of goodwill between
the civil and military classes;
(b) generally to watch over the family and interest of serving soldiers, etc.; and
(c) to implement in detail the work of the State Soldiers', Sailors' and Airmen's Board.
Consequent upon the partition of India there has been an exodus of a large number of persons from West Pakistan owing to unfavourable conditions there. A special colony to rehabilitate these persons has been opened near the district head-quarters of Kolhapur town called Gandhi Nagar Colony. The Collector of Kolhapur has, therefore, his share of the work of rehabilitation and resettlement of these persons. He has to deal with grant of loans, maintenance allowances, etc., to these persons and look after the administration of the Colony.
Collector's Office.
The Collector's Office.-The Collector's Office at Kolhapur is divided into many branches, each of which is usually in charge of a person in the grade of Mamlatdar.
The Home Branch deals with all magisterial work, the administration of the Bombay Entertainments Duty Act (I of 1923), the Arms Act (XI of 1878), and political work connected with the maintenance of law and order. The English Branch deals with the District Local Board, municipalities and village panchayats, passports, political work, prohibition and excise, public works, petroleum, medical affairs, fairs, cattle pounds, telephones, stamp duty, Backward Class Board meetings, etc. The Chitnis Branch deals with matters like land revenue, land grants, watans, cash allowances, tagai, establishment, encroachments, dues of co-operative societies, tenancy, execution of decrees of civil courts (darkhast), audit of village accounts (jamabandi audit), and inspection of talukas and public offices. The District Registration Office is one of the branches and is in charge of the Headquarter Sub-Registrar. The Treasury Branch is in charge of the Treasury Officer. There are separate branches dealing with each one of the following: -
(i) the Court of Wards;
(ii) the District Soldiers', Sailors' and Airmen's Board; and
(iii) the District Development Board.
There are branches dealing with Elections, Refugees and Evacuees, but these are purely temporary.
Prant Officers.
Prant Officers.-Under the Collector are the Prant Officers who are either Assistant Collectors (Indian Administrative Service Officers) or District Deputy Collectors. The two Prants in the District have each a separate Prant Officer in charge. The Prant Officer in charge of Kolhapur or Northern Division has his head-quarters at Kolhapur.
The Prant Officers form the connecting link between the Mamlatdar and the Collector. A Prant Officer exercises all the powers conferred on the Collector by the Land Revenue Code and by any other law in force or by executive orders, in regard to the talukas and mahals in his charge, except such powers as
the Collector may specially reserve to himself. His principal functions in regard to his sub-division are:-
(I) Revenue.-(1) Inspection and supervision of the work of Mamlatdars, Circle Officers, Circle Inspectors and village Officers, including the inspection of taluka kacheries.
(2) Appointments, transfer, etc., of stipendiary village officers and the appointment etc., of hereditary village officers.
(3) Safeguarding Government property by constant inspection, dealing with encroachments, breaches of the conditions on which land is held on restricted tenure etc.
(4) Grant of waste land and disposal of alluvial land.
(5) Levy of non-agricultural assessment and passing orders regarding miscellaneous land revenue.
(6) Hearing of appeals against Mamlatdars' decisions in assistance cases and watching the execution of assistance decrees.
(7) Crop and boundary mark inspection and the checking of annewaris (anevaris), i.e., estimates of crop yields for purposes of suspensions and remissions of revenue, and the record of rights.
(8) Supervision over the realisation of Government revenue.
(9) Successions to watans and other properties.
(10) Land acquisition,
(II) Magisterial.-The Prant Officer is the Sub-Divisional Magistrate of his charge and as such exercises the powers specified in Part IV of Schedule III of the Criminal Procedure Code. These include the ordinary powers of a Taluka Magistrate and also the power to maintain peace (section 107); power to require security for good behaviour under sections 108, 109 and 110; power to make orders calculated to prevent apprehended danger to public peace (section 144); power to record statements and confessions during a police investigation (section 164); and power to hold inquests (section 174). The Sub-Divisional Magistrate, when empowered by the State Government, has power also to call for and forward to the District Magistrate records and proceedings of subordinate executive magistrates.
As Sub-Divisional Magistrate the Prant Officer is required to inspect police sub-inspectors' office from much the same point of view from which the District Magistrate inspects them.
(III) Other Duties.-Among the other duties' of the Prant Officer may be mentioned:-
(1) Keeping the Collector informed of what is going on in his sub-division not only from the revenue point of view but also in matters connected with law and order.
(2) Bringing to the notice of the Collector slackness or
laxity of the Mamlatdar, Circle Officers and Circle Inspectors,
etc., in his sub-division.
(3) Forest settlement work.
(4) Grant of tagai loans.
Each Prant Officer is assisted in his work by a Shirastedar and above five clerks.
Mamlatdars and Mahalkaris.
The Mamlatdars (and Mahalkaris).-The Mamlatdar is the
officer in executive charge of a taluka and the Mahalkari has
the executive charge of a mahal. There is a sub-treasury in every taluka or mahal, and there is practically no difference of kind between the functions and duties of a Mamlatdar and those of a Mahalkari. Each taluka or mahal has on the average two or three head clerks (or aval karkuns), 15 or 18 clerks, 60 talathis, two Circle Officers and two Circle Inspectors.. The duties of Mamlatdars and Mahalkaris fall under various heads. [Whatever is said of the Mamlatdar in the following paragraphs applies also to the Mahalkari.]
(1) Revenue.-The Mamlatdar's revenue duties are to prepare the ground work for the Prant Officer and the Collector to pass their orders upon. When these orders are passed he has to execute them.
In regard to the annual demand of land revenue he has to get ready all the statements necessary for what is called the making of the jamabandi of the talukas. The jamabandi is partly an audit of the previous year's accounts and partly an inspection of the accounts of the current year. The demand for fixed agricultural revenue is settled, but there are remissions and suspensions to be calculated upon that fixed demand in lean years. Remissions and suspensions are given in accordance with the crop annewaris (anevaris), with the determination of which the Mamlatdar is most intimately concerned. To the demand of fixed revenue is added the amount of non
agricultural assessment and of fluctuating land revenue, such as that arising from the sale of trees, stone or sand, fixed when individuals apply for them.
The brunt of the work of collection also lies on the Mamlatdar. He can issue notices under section 152, Land Revenue Code, inflict fines for delay in payment under section 148, Land Revenue Code, distrain and sell movable property, and issue notices of forfeiture of the land, though he has to take the Prant Officer's or the Collector's orders for actual forfeiture.
He has to collect, in addition to land revenue, tagai loans, pot hissa measurement fees, boundary marks, advances and irrigation revenue, the dues of other departments like Sales Tax,
Income Tax and Forest when there is default in their payment, at the request of these departments to recover the dues as an arrear of land revenue.
It is also his duty to see that there is no breach of any of the conditions under which inams are held and, whenever there is any breach, to bring it to the notice of the Collector through the Prant Officer.
He has to make enquiries and get ready the material on which the Prant Officer has to pass his own orders under the Bombay Hereditary Offices Act (III of 1874). He can himself pass order as to the appointment, remuneration, period of service, suspension and fining of inferior village servants, the grant of leave of absence to them and the like.
Applications for grant of tagai are generally received by the Mamlatdar, who has to get enquiries made by the Circle Officer and Circle Inspector, see the sites for the improvement of which tagai is sought, ascertain whether the security offered is sufficient, determine what instalments for repayment would be suitable etc. He can grant
tagai up to Rs. 1,000 and Rs. 200 under the Land Improvement Loans Act and Agricultural Loans Act respectively. A Mamlatdar who has been specially empowered can grant
tagai up to Rs. 2,500 and Rs. 500 under the Land Improvement Loans Act and the Agricultural Loans Act respectively. In other cases he has to obtain orders from the Prant Officer or the Collector.
The Mamlatdar's duties regarding tagai do not end with the giving of it; he has to see that it is properly utilised, inspect the works undertaken by its means, watch the payment, and make recoveries from defaulters. The Mamlatdar is primarily responsible for the administration of the Bombay Tenancy and Agricultural Lands Act (LXVII of 1948) within the area of his charge. His powers under the Act have been delegated to the Aval Karkuns.
(2) Quasi-Judicial.-The quasi-judicial duties which the Mamlatdar performs include-
(i) inquiries and orders under the Mamlatdars' Courts Act (II of 1906);
(ii) the execution of civil court decrees;
(iii) the disposal of applications from superior holders for assistance in recovering land revenue from inferior holders; and
(iv) enquiry in respect of disputed cases in connection with
the record of rights in each village. The last two are summary
enquiries under the Land Revenue Code.
(3) Magisterial.-Every Mamlatdar is ex-officio the Taluka
Magistrate of his taluka. As Taluka Magistrate, First Class, he
has the following other powers under the Criminal Procedure
Code:-
(i) Power to command unlawful assembly to disperse (section 127).
(ii) Power to use civil force to disperse unlawful assembly (section 128).
(iii) Power to require military force to be used to disperse unlawful assembly (section 130).
(iv) Power to apply to District Magistrate to issue commission for examination of witness (section 506).
(v) Power to recover penalty on forfeited bond (section 514) and to require fresh security (section 514-A).
(vi) Power to make order as to disposal of property regarding which an offence is committed (section 517).
(vii) Power to sell property of a suspected character (section 525).
If authorised by the State Government or the District Magistrate, the Taluka Magistrate may exercise the following among other powers: -
(1) Power to make orders prohibiting repetitions of nuisances (section 143).
(2) Power to make orders calculated to prevent apprehended danger to public peace (section 144).
(3) Power to hold inquests (section 174).
The Mamlatdar is also in charge of the management of the sub-jail. He has to keep the District Magistrate and the Sub-Divisional Magistrate informed of all criminal activities in his charge, taking steps incidental to the maintenance of law and order in his charge. In a case of serious disturbance of public peace the Mamlatdar carries great responsibility, for, as the senior executive magistrate on the spot, he must issue orders and carry on till his superiors arrive.
(4) Treasury and Accounts.-As Sub-Treasury Officer the
Mamlatdar is in charge of the taluka treasury, which is called
" sub-treasury " in relation to the District Treasury. Into this
treasury all money due to Government in the taluka-land
revenue, forest, public works and other receipts-are paid and
from it nearly the whole of the money expended for Government in the taluka is secured. The sub-post offices in the taluka
receive their cash for postal transactions from the sub-treasury
and remit their receipts to it. The Sub-Treasury Officer pays
departmental officers on cash orders or demand drafts issued by
Treasury Officers and on cheques, except where certain departments are allowed to present bills direct at the sub-Treasury.
The Sub-Treasury Officer also issues Government and bank
drafts.
When the Mamlatdar is away from his headquarters, the Treasury Head Karkun is ex-officio in charge of the Sub-Treasury and of the account business, and he is held personally responsible for it. During the Mamlatdar's presence he is authorised to sign receipts irrespective of the amount.
The Taluka Sub-Treasury is also the local depot for stamps general, court-fee and postal-of all denominations and for the stock of opium held there for sale to permit holders. A few sub-treasuries have been specially authorized to discontinue the maintenance of a stock of postal stamps. In such cases, the sub-post office at the taluka headquarters is supplied with postal stamps from the post offices at the district headquarters.
A currency chest is maintained at almost all sub-treasuries in which surplus cash balances are deposited. From it withdrawals are made to replenish sub-treasury balances whenever necessary. Sub-treasuries are treated as agencies of the Reserve Bank for remittance of funds.
The Mamlatdar has to verify the balance in the Sub-Treasury, including those of stamps and opium, on the closing day of each month, which for the convenience of the District Treasury is fixed on the 25th of all months, except February, when it is the 23rd, and March, When it is the 31st, the latter being the closing day of the financial year. The report of the verification, together with the monthly returns of receipts under different heads, has to be submitted by the Mamlatdar to the Treasury Officer at Kolhapur. The Sub-treasuries are annually inspected by either the Collector or the Prant Officer.
(5) Other Administrative Duties.-The Mamlatdar's main duty lies towards the Collector and the Prant Officer whom he must implicitly obey and keep Constantly informed of all political happenings, outbreaks of epidemics and other matters affecting the well-being of the people, such as serious mal-administration in any department or any hitch in the working of the administrative machine, due, for instance, to subordinate officers of different departments being at loggerheads.
He must help officers of all departments in the execution of their respective duties in so far as his taluka is concerned. In fact, he is at the service of all of them and is also the connecting link between the officers and the public whom they are all meant to serve. This is particularly so in departments which have not a local taluka officer of their own. The Mamlatdar is also responsible for the cattle census, which really comes under the purview of the Agricultural Department. The Co-operative Department expects the Mamlatdar to propagate co-operative principles in his taluka. He has to execute the awards and decrees of societies in the taluka, unless there is a special officer appointed for the purpose. He has to take
prompt action in respect of epidemics and to render to the Assistant Director of Public Health and his assistants every help in preventing outbreaks of epidemic diseases and suppressing them when they occur.
Under executive orders the Mamlatdar has to provide the Military Department with the necessary provisions and conveyances when any detachment marches through the taluka.
The Mamlatdar's position in relation to other taluka officers, e.g., the sub-inspector of police, the sub-registrar, the range forest officer, the sub-assistant surgeon and the prohibition official is not well defined. They are not subordinate to him except perhaps in a very limited sense but are grouped round him and are expected to help and co-operate with him in their spheres.
Though the Mamlatdar is not expected to work directly for local self-government bodies, he is usually the principal source of the Collector's information about them. He is responsible for the administration of his taluka just as the Collector is responsible for the district.
He is ex-officio Vice-Chairman of the Taluka Development Board, which acts as the agency of the District Development Board in the taluka in all matters pertaining to agricultural and rural development, and especially in regard to the " grow more food" campaign. The other members of the board are the Agricultural Assistant stationed at the taluka, the Forest Range Officer, the Assistant District Co-operative Officer stationed at the taluka headquarters, and the Veterinary Assistant. The Collector nominates as members, with the approval of Government, three non-officials known to take active interest in the " grow more food" campaign in the taluka.
In relation to the public well-being, the Mamlatdar is the local representative of Government and performs generally the same functions as the Collector, but on a lower plane.
Circle Officers and Circle Inspectors.
Circle Officers and Circle Inspectors.-In order to assist the Mamlatdar in exercising proper supervision over the village officers and village servants and to make local enquiries of every kind promptly, Circle Officer in the grade of Aval
Karkuns and Circle Inspectors in the grade of Karkuns are appointed. The Circle
Officer certifies entries in the record of rights, and thus relieves the
Mamlatdar of a good deal of routine work. There are from 30 to 50 villages in
charge of a Circle Officer or Circle Inspector. These officers form a link
between the Mamlatdar and the village officers. There are generally two Circle
Officers and one Circle Inspector in each taluka. Their duties relate to:―
(i) boundary mark inspection, inspection of crops including
their annewari, the inspection of tagai works and detection
of illegal occupation of land;
(ii) preparation of agricultural and other statistical returns, viz., crop statistics, cattle census, and water supply;
(iii) supervision of the village officers in the preparation and maintenance of the record of rights, the mutation register and the tenancy register;
(iv) examination of rayats' receipt books and supervision of the revenue collection; and
(v) such other miscellaneous work as the Mamlatdar may from time to time entrust them with, e.g., enquiry into any alleged encroachments.
Patil.
The Patil (Headman).-The Patil is the principal
official in a village. The duties of the Patil fall under the following heads: -
(i) revenue;
(ii) quasi-magisterial;
(iii) administrative.
His revenue duties are: -
(i) in conjunction with the talathi (or village accountant) to collect the revenue due to Government from the rayats;
(ii) to detect encroachments on Government land and protect trees and other property of Government;
(iii) to execute the orders received from the taluka office in connection with recovery of revenue and other matters;
(iv) to get the talathi to maintain properly the record of rights and village accounts and to get him to submit the periodical returns punctually; and
(v) to render assistance to high officials visiting the village for inspection work and other purposes.
There are quasi-magisterial functions appertaining to the police patil. In a majority of villages the same person is both the police and the revenue patil. The police patil is responsible for the writing up of the birth and death register and for the care of unclaimed property found in the village. Several duties have been imposed on the police
patil by the Bombay Village Police Act (VIII of 1867). The village police is under his charge, and he has authority to require all village servants to aid him in performing the duties entrusted to him. He has to dispose of the village establishment so as to afford the utmost possible security against robbery, breach of the peace and acts injurious to the public and to the village community. It is the police patil's duty to furnish the taluka magistrate with any returns or information called for and keep him constantly
informed as to the state of crime and the health and general condition of the community in his village. He has to afford police officers every assistance in his power when called upon by them for assistance. Further, he has to obey and execute all orders and warrants issued to him by an executive magistrate or a police officer; collect and communicate to the district police intelligence affecting the public peace; prevent within the limits of his village the commission of offences and public nuisances; and detect and bring offenders therein to justice. If a crime is committed within the limits of the village and the perpetrator of the crime escapes or is not known, he has to forward immediate information to the police officer in charge of the police station within the limits of which his village is situated, and himself proceed to investigate the matter and obtain all procurable evidence and forward it to the police officer. If any unnatural or sudden death occurs, or any corpse is found, the police patil is bound to assemble an inquest, to be composed of two or more intelligent persons belonging to the village or neighbourhood. The report of the inquest has then to be forwarded by him to the police officer. He has also to apprehend any person in the village whom he has reason to believe has committed any serious offence and send him, together with all articles to be useful in evidence, to the police officer.
As regards the patil's administrative duties, he is expected to look to the sanitation and public health of the village. He must also report promptly the outbreak of any epidemic disease to the taluka office. He is expected to render every assistance to travellers, provided payment is duly tendered.
Talathi.
The Talathi (village accountant).-The office of village accountant used generally to be held by hereditary kulkarnis. From 1914 onwards hereditary kulkarnis were allowed, subject to certain conditions, to commute the right of service attached to the kulkarni watan. In the Poona district, almost all the kulkarni watans were coramuted and stipendiary talathis were substituted. With effect from 1st May 1951, all kulkarni watans along with the right of service were abolished by the Bombay Pargana and Kulkarni Watans Abolition Act (LX of 1950). If the villages are small one talathi is appointed for two or more villages, which are called his charge or saza. The talathi receives a monthly salary. His main duties are:-
(i) to maintain the village accounts relating to demand, collection and arrears of land revenue, etc., the record of rights and all other village forms prescribed by Government;
(ii) to inspect crops and boundary marks and prepare agricultural statistics and levy lists; and
(iii) to help the patil in the collection of land revenue, write the combined day and receipt books and other accounts and do other clerical work, including that of the police patil when the latter is illiterate.
Village Servants.
Village Servants.-In addition to the village officers mentioned above, there are some hereditary village servants. They are of two kinds (i) those useful to Government, and (ii) those useful to the community.
The village servants useful to Government are the Mahars and the Ramosh's (Ramosis). They are remunerated by watans, which take the form of grants of land either entirely free of assessment or subject to an annual reduced assessment (called mamul judi) or cash payment from the Government treasury, or both. The Mahars help the village patil and the talathi in the collection of revenue and do all duties in connection with village administration. They attend on the Mamlatdar and other higher officers when they visit the village. The Ramosis watch the movements of criminals and help the village patil in the discharge of his duties connected with the police administration.
The village servants useful to the community are known as balutedars. At the time of the old Maratha rule there were twelve of them called Bara Balutedars. Some of them have either disappeared or are in the process of disappearing from village economy, but others are still in existence with their usefulness reduced owing to modern conditions of life. Under the baluta system, the balutedars have certain rights and privileges at ceremonies, etc. Their services are remunerated by the cultivators in the shape of an annual payment in sheaves of corn and a few seers of other grain grown in the field, such as wheat, hulga, gram, tur, groundnut, etc. For special services rendered on ceremonial occasions payments are made in cash, corn or clothes. Sometimes food is given. The big cultivators who have occasion to indent on their services more frequently than the small cultivators make larger payments.
The balutedars whose services are still in demand in villages are the carpenter (sutar), the barber (nhavi), the idol-dresser (gurav), the water-carrier (koli), the shoe-maker (chambhar), the watchman (mahar), the blacksmith (lohar), the washerman (parit), the potter (kumbhar), and the rope-maker (mang). There has been a tendency among them to leave the villages and seek their livelihood in cities and towns. The silversmith (potdar) as a balutedar has entirely disappeared. The village astrologer (gram joshi) is employed at the sweet will of the cultivators. All the religious ceremonies of the cultivators and allied classes are done through the gram joshi, for which he is given cash payment called " daksina". Some religious-minded cultivators give him some quantity of corn and other presents in kind.
The Mulla functions at the religious and other ceremonies of Muslims. He also kills the sheep and goats, for which he receives some mutton.
The barber, as a balutedar, does many duties not connected with his profession. At the time of a marriage ceremony, when the bridgroom goes to the temple to pray, he holds his horse and receives a turban as present. At village festivals or marriage ceremonies he sometimes acts as a cook. He also serves food and water to the guests on such ceremonies. It is his privilege to act as a messenger at marriage ceremonies and call the invitees for the function. He does massage to persons of distinction at the village. He plays on the pipe and tambour at weddings and on other festive occasions.
The water-carrier not only supplies water to the villages but also keeps watch during floods in the case of villages situated on river banks. He is also useful to the villagers to take them across the river with the help of a sangad (floats joined together).
There are several Mahars in a village. The cultivators select one of the Mahars for their services, whom they call "Ghar Mahar ". He is expected to clean the open space near the houses of the cultivators and also their stables. Occasionally he furnishes them with firewood. It is the right of Mahars to take charge of dead animals and sell their hide to the shoe-maker.
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