ADMINISTRATIVE STRUCTURE

LAND REVENUE AND GENERAL ADMINISTRATION

THE RATNAGIRI DISTRICT formerly consisted of only three prants or Sub-divisions composed of eleven talukas and four mahals. On 15th August 1953, a new sub-division called the Chiplun sub-division consisting of Khed, Guhagar, Sangameshwar and Chiplun talukas was formed.

A rearrangement of the boundaries of various talukas had been effected in 1949-50. The district now covers an area of 5,020.9 square miles and according to the census of 1951 has a population of 1,711,964. The administrative divisions stand now as shown below:—

* The area figure of the district of Ratnagiri as supplied by the Surveyor General of India to the Census authorities, is 5,020.9 square miles. The area figures given in this table, were obtained by the Census authorities from the District: Inspector of Land Records or from local records.

Commissioner.

With the passing of the Bombay Commissioners Act, 1957, Government created with effect from March 3, 1958, six posts of Commissioners in place of six posts of Divisional Officers. The Commissioner is considered to be the king-pin of the State administration and also the pivot on which the divisional administration turns. The Ratnagiri district together with the districts of Dhulia, Jalgaon, Nasik, Thana, Greater Bombay and Kolaba is included in Bombay Division of the Maharashtra State. The Commissioner of the Division, with his office at Bombay is the chief controlling authority of the Division in respect of all matters concerned with land revenue.

Revenue.—Subject to the general or special orders of the State Government, the Commissioner shall be the chief controlling authority in all matters connected with land revenue. The Collectors in exercise of the powers conferred upon them under the Land Revenue Code or under other Acts are subordinate to the Commissioners. Of the powers recently delegated and conferred by law on the Commissioners in land revenue matters, the following are important:—

(1) to revise the limits of the sub-divisions of districts,

(2) to pass final orders regarding extinction of rights of the public and the individual in or over any public road, lane or path not required for use by the public,

(3) to sanction reduction of assessment consequent upon re-classification of agricultural lands up to Rs. 200 per annum when classification operations are confined to a single village and Rs. 400 per annum when it extends to more than one village in a taluka,

(4) to decide disputes regarding rights to land between a municipality and Government,

(5) to sanction remission in case of total loss of crop due to local calamities, up to Rs. 1,000, and

(6) to fix priority for scarcity relief works.

The Commissioner is also responsible for the following:—

(a) Supervision of and control over the working of revenue offices,

(b) Exercise of executive and administrative powers delegated by Government or conferred on him by law,

(c) General inspection of offices of all departments within the division,

(d) Inspection of local bodies on the lines done by Director or Local Authorities in the then State of Bombay,

(e) Co-ordination and supervision of the activities of all Divisional Heads of Departments with particular reference to planning and development.

(f) Integration of the administrative set-up in the incoming areas.

Collector.

The Collector plays a pivotal role in the administration of the district. 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 supervise the working of the officers of other departments. There is a post of Additional Collector in this district and he is entrusted with independent subjects such as tenancy, watan, evacuee problems, forests, land acquisition, etc.

(i) Revenue—The Collector 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. The Collector's duties are in respect of (1) fixation, (2) collection, and (3) accounting of all such land revenue. This assessment is fixed on each piece of land roughly in proportion to its productivity; and is revised every thirty years taluka by taluka. A revision survey and settlement are 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 alterations 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, when Government land is temporarily leased. It is also realised by the sale of earth, stones, usufruct of trees, etc., in Government land.

The collection of land revenue rests with the Collector, who is responsible for the recovery of the due revenue punctually and with the minimum of coercion and also for the proper crediting and accounting of the collections.

Statistics of Land Revenue Collections.—The following are statistics relating to land revenue collections in Ratnagiri district for the year 1957-58:—

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 Stamp Act (II of 1899), the Indian Court Fees Act (VII of 1870), the Bombay Entertainment Duty Act (I of 1923), and the Bombay Prohibition Act (XXV of 1949). There are also other Revenue Acts which contain a provision that dues under them are recoverable as arrears of land revenue, and the Collector 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 Forest department, so far as his district is concerned, lies with the Collector, and the Sub-Divisional Forest Officer is his assistant for that purpose, 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 administration of the Bombay Tenancy and Agricultural Lands Act (LXVII of 1948) in its proper spirit rests with the Collector. He is also an appellate authority to hear appeals under the various sections of the Act. The Bombay Tenancy and Agricultural Lands Act (LXIII of 1948), and subsequent amendments have been made applicable to the district, since 28th December 1948.

The Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955, is applicable to the district since 1st August 1956. The law has effected far-reaching changes in the tenancy law regarding the occupancy rights of the tenants, the duty of self-cultivation and redistribution of surplus or inefficiently cultivated land among the needy or landless. The " Tillers' Day " is the most important feature of the new law. The first day of April 1957, has been declared as the Tillers' Day under section 32. On this day tenants who cultivate personally the lands held by them on lease will subject to certain conditions and exceptions, be deemed to have purchased them free from all encumbrances subsisting thereon that day. Immediately after the purchase price and its instalments, if any, are determined, the Agricultural Lands Tribunal in the district (all the Mamlatdars Mahalkaris and Deputy Collector empowered to function as a Tribunal under the Act), calls upon the tenant to deposit with it the amount of the purchase price within one year of the passing of the order. As soon as the tenant makes the payment of the full amount in the prescribed time, the Tribunal prepares a certificate of purchase and delivers it to the tenant and necessary change in the Record of Rights is made through the village officer concerned.

(ii) 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 has inaugurated a policy of abolishing these alienations, and within a, few years almost all lands in the district are expected to he assessed to full land revenue.

The following Acts have been made applicable to the district:—

(1) The Bombay Khoti Abolition Act, 1934, is applicable, since 15th May 1950, to all the talukas and mahals in the district except Sawantwadi, Kudal and Vengurla.

(2) The Bombay Paragana and Kulkarni Watan Abolition Act, 1950, came into force from 1st July 1951 in Dapoli, Chiplun, Sangameshwar, Rajapur, Ratnagiri, Deogad and Malvan talukas and Lanje and Kankavli mahals.

(3) The Bombay Personal Inam Abolition Act, 1952, is applicable to all the talukas and mahals of the district except. Kudal and Sawantwadi.

(4) The Bombay Kauli and Katuban Tenure Abolition Act, 1953, is applicable with effect from 15th August 1953 to all talukas and mahals except Sangameshwar, Lanje and Ratnagiri.

(5) The Bombay Service Inams Useful to Community (Gujarat and Konkan), Resumption Rules, 1954, are applicable to four villages in Malvan taluka, since 1st December 1954.

(6) The Bombay Merged Territories and Areas (Jagir Abolition) Act, 1953, is applicable to Sawantwadi, Kudal, Vengurla and Deogad talukas.

(7) The Bombay Merged Territories and Miscellaneous Alienations Abolition Act, 1955, is applicable to lands from Sawantwadi and Rajapur talukas and Kudal, Vengurla and Kankavli mahals.

(8) The Bombay Saranjam, Jagirs and other Inams of Political Nature, Resumption Rules, 1952, are applicable to Rajapur taluka only from 1st August 1955.

(iii) Public Utility.—The Agriculturists' Loans Act (XII of 1884), and the Land Improvement Loans Act (XIX of 1883), regulate 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 so made are recovered at the proper time.

The Collector of Ratnagiri is the court of wards for the estates taken over under the Bombay Court of Wards Act (I of 1905). The Government have authorised the District Deputy Collector, Sawantwadi to exercise all the powers of the Collector under section 19 (3) of the Bombay Court of Wards' Act, 1905, as all the estates are in the Sawantwadi division and it is convenient for the District Deputy Collector in charge of that area to inspect the accounts of the estates and exercise close supervision.

(iv) 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 teasury officer.

(v) Quasi-Judicial functions in revenue matters.—Among the quasi-judicial functions of the Collector, on the revenue side, apart from hearing appeals from the decisions of the Prant Officer 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 sections 53 and 69 of the Bombay Irrigation Act (VII of 1879). (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).

(vi) Local Self-Government.—In all cases in which the power of passing orders in matters affecting local bodies rests with the Commissioner or the State Government, either the proposals are made by the Collector or they are received by the Commissioner with the Collector's remarks. The Collector is entrusted with holding the triennial elections and bye-elections of the local bodies including panchayats. 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.

(vii) Officers of other Departments.—The Officers of other departments stationed at the district headquarters can be divided into two groups: (A)—(1) The District Judge, (2) the District Superintendent of Police, (3) the Executive Engineer and (4) the Civil Surgeon. (B)—(l) The District Prohibition Officer, (2) the Administrative Officer, District School Board, (3) the District Agricultural Officer and (4) the District Health Officer.

(A)—(1) 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), was enacted to meet a long-standing and wide-spread public desire for the separation of judicial functions from executive officers. It has separated the magistracy into "judicial magistrates,'', who are subordinates of the Sessions Judge, and "executive magistrates" who are subordinates of the District Magistrates. It 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. 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 in the district.

(2) The District Superintendent of Police and the police force of the district are under control of the District Magistrate in so far as their functions regarding the maintenance of law and order are concerned. As regards discipline, training and other administrative matters they are under the control of the Range Deputy Inspector-General of Police.

(3) The position of the Executive Engineer, is slightly different. 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 useful for agriculture in the district. At the time of actual execution of any work, the Collector can requisition the services of the Executive Engineer for making immediate arrangement for procuring the necessary establishment, tools, plant, building materials, etc. (Famine Relief Code, Section 81).

(4) 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 Officers in this group are all 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 District Prohibition Officer, is subordinate to the Collector except in technical matters.

The following are some of the other officers of the District who have more or less intimate contact with the Collector in matters relating to their departments and have to carry out his general instructions:—

(1) Backward Class Welfare Officer, (2) The Assistant Registrar of Co-operative Societies, (3) Animal Husbandry Officer, (4) The District Inspector of Land Records, (5) The District Officer, Industrial Co-operatives and Village Industries, (6) Superintendent of Fisheries.

(viii) As District Magistrate.—The Collector's duties as District Magistrate are mostly executive. He is 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:—

(1) power to hear appeals from orders requiring security tor keeping the peace or good behaviour (Section 406, Criminal Procedure Code);

(2) power to call for records from any subordinate executive magistrate (Section 435);

(3) power to issue commission for examination of witnesses (Sections 503 and 506); and

(4) 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:—

(1) power to make orders prohibiting repetitions of nuisance (Section 143);

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

(3) power to hold inquests (Section 174).

The executive management of the sub-jails in the district is subject to his orders.

Besides being in control of 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 in the limits of the police station 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 supervisional functions.

(ix) As District Registrar.—As District Registrar, the Collector controls the administration of the Registration department within his district.

(x) 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 daily sanitary administration of municipalities and other sanitary authorities; and (c) to advise and encourage local bodies to improve the permanent sanitary condition of the areas under them so far as the funds at their disposal will permit. He can freely requisition the advice and technical assistance of the District Health Officer, in this regard.

(xi) District Development Board.—Prior to 1952, there was a District Rural Development Board. The District or Divisional Officers of various departments concerned with rural development and members of the State Legislature and other representatives of rural areas constituted the District Rural Development Board. It was functioning till September 1952. The Collector was its ex-Officio Chairman.

With a view to co-ordinating the activities of the various non-statutory boards and committees in the district, the former District Rural Development Board was reconstituted in September 1952, as District Development Board, by amalgamating all existing non-statutory boards and committees with it. The constitution of the District Development Board is as below: —

(a) There are 72 members on the Board:—

(1) Twenty District or Divisional Officers;

(2) Fourteen Members of the Legislative Assembly;

(3) Two Members of Parliament;

(4) One President, District Local Board;

(5) One Chairman, District School Board;

(6) Two Sanchalaks, Sarvodaya Kendras.

(7) One Representative of Co-operative Banks in Ratnagiri district;

(8) Two Representatives of the Co-operative department;

(9) One Member, Legislative Council;

(10) Twenty-eight Other non-Officials.

(b) The Collector is the ex-Officio Chairman of the District Development Board.

(c) The Vice-Chairman of the District Development Board is the Chairman of all the sub-committees except the Police Advisory Committee and District Community Development/National Extension Service Advisory Committee of which the Collector is the Chairman.

(d) District Project Officer of Prant Officer's rank has been appointed for carrying out the administration of the Board.

(e) There is also one Honorary Secretary appointed on the District Development Board.

(f) The below mentioned Sub-committees are functioning under the District Development Board: —

Sub-Committees of the District Development Board, Ratnagiri.

The functions and duties of the District Development Board are

(1) to advise and help Government in the execution of policies, mainly in respect of the matters concerning all the sub-committees;

(2) to supervise and co-ordinate the work of its various sub-committees; (3) to supervise and guide the work of taluka development boards; (4) to elect suitable agencies for the distribution of iron and steel materials and cement, to allot the materials and to supervise the schemes; and (5) to execute such schemes and administer such funds as may be entrusted by Government by specific instructions and orders.

(xii) District Soldiers', Sailors' and Airmen's Board.—The Collector is also the President of the District Soldiers', Sailors' and Airmen's Board. The Vice-President of this Board is a suitable (Retired) ex-serviceman from the district and the members of the Board are:— (1) the District Superintendent of Police; (2) the District Employment Officer; (3) a representative of the Indian Navy; (4) the President of District Local Board; (5) the Civil Surgeon; (6) the Administrator, Services Post-war Reconstruction Fund and allied funds; (7) members of the State Board resident in the district; (8) the Educational Inspector, Ratnagiri; (9) All Prant Officers in the district; (10) Assistant Recruiting Officer; and (11) non-Officials nominated by the Collector with the concurrence of the State Board.

The duties of the Board are:—(a) to look after the welfare of ex-servicemen, their families in the district and to extend to them the benefits available from various funds, (ii) to promote and maintain a feeling of goodwill between the civil and military classes, (iii) generally to watch over the families and interests of serving soldiers, etc., (iv) to implement in detail the work of the Maharashtra State Soldiers', Sailors' and Airmen's Board, (v) to supervise over the Military Boys' Hostels at Khed, Chiplun, Malvan, Deorukh and Sawantwadi.

(xiii) National Extension Service Block.—The Collector is expected to take personal interest in the National Extension Service Blocks opened in his district.

(xiv) Control of Essential Articles [When as a consequence of World War II (1939-45), there was scarcity and maldistribution of various essential articles, such as food-stuffs, cloth, sugar and kerosene, Government undertook the control of the prices of these articles and the regulation of their production, supply and distribution. Some of the controls were continued for some years, after the end of the war, and it was not till 1954, that the controls on foodstuffs were removed. In the beginning, the work involved by these controls was discharged by the officers of the department of Land Revenue and General Administration. Later, as work increased, special staff and officers were appointed. But the procurement of foodgrains was always entrusted to the revenue officers and the general control over the administration of supply and distribution rested with the Collector in the district and the Mamlatdars in the talukas. In regard to rationing schemes the Collector was responsible for their proper working and for exercising general supervision over the rationing officers and their staff.].—In April, 1960, there were 353 fair price shops in the district managed by co-operative societies, village panchayats and private bodies. Only food-stuffs such as rice, wheat, mile and sugar are sold in these shops.

The Collectors Office.—The Collector's Office at Ratnagiri is divided into many branches. The Personal Assistant to the Collector supervises the work of all the branches except the Treasury. He is also the Additional District Magistrate.

Collector's Office.

The Deputy Chitnis Branch deals with magisterial and political work, the issue of arms and other licences for cinema houses, tea shops and possession of explosives, etc.; and police matters, connected with the maintenance of law and order. The General Branch under the head clerk (in the grade of a Mamlatdar), deals with municipalities, District Local Board matters, prohibition and excise, public works, medical affairs, fairs, telephones, displaced persons and evacuee property, etc. The Revenue Branch under the Chitnis (in the grade of a mamlatdar), deals with matters like land revenue, Land grants, watans, cash allowances, tagai, establishment, encroachments, dues of co-operative societies, forest matters, execution of civil court decrees, court of wards, land acquisition for public purposes, 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 headquarters sub-registrar. The Treasury Branch is in charge of the Treasury Officer. There are two more branches, (1) Election and (2) Tenancy. Election Branch is under an Awal Karkun and Tenancy Branch under the Additional Chitnis (in the grade of a mamlatdar). There is also a separate Village Panchayat Branch with the District Village Panchayat Officer of the grade of the Deputy Collector for the administration of village panchayats. There are at present 792 village panchayats in the district. The District Village Panchayat Officer works under the direct supervision and guidance of the Collector.

Prant Officers.

The Prant officers.—Under the Collector are the Prant Officers who are either Assistant Collectors (Indian Administrative Service Officers) or District Deputy Collectors (Members of the Maharashtra Civil Service). There are in all four such prants or sub-divisions in the district. Each prant is in charge of an Assistant Collector or a Deputy Collector. The Headquarters of the Ratnagiri prant is at Ratnagiri and those of the other prants are at Chiplun, Dapoli and Sawantwadi. In addition to four prant officers, there is one Personal Assistant to the Collector of the grade of a Deputy Collector. The Treasury Officer is of mamlatdar's grade.

The Prant Officers form the connecting link between the mamlatdars or mahalkaris 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 kacheris.

(2) Appointments, transfers, etc., of talathis, of stipendiary village officers and the appointment of hereditary village officers.

(3) Safeguarding Government interest in land 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 suits and watching the execution of assistance decrees.

(7) Hearing of appeals against mamlatdars' and mahalkaris' decisions in cases under the Bombay Tenancy and Agricultural Lands Act.

(8) Crop and boundary mark inspection and the checking of annewaris (estimates of crop yields for purposes of suspensions and remissions of revenue) and the record of rights.

(9) Supervision over the realisation of Government revenue.

(10) Successions to watans and other properties.

(11) 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 require security to keep the peace (section 107); power to require security for good behaviour under sections 108, 109 and 110; powers 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 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-Inspector's offices in the same way as the District Magistrate is required to do.

(iii) Other Duties.—Among the other duties of the Prant Officer may be mentioned:—

(1) Keeping the Collector informed of the happenings in his sub-division, not only from the revenue point of view but also in matters connected with law and order.

(2) Forest settlement work.

(3) Grant of tagai loans.

(4) The Prant Officer has over-all charge of directing and supervising development activities of the National Development

Blocks opened in the talukas in his charge.

Each Prant Officer is assisted in his work by a shirastedar and three to five clerks.

Mamlatdars and Mahalkaris.

The Mamlatdars and Mahalkaris.--The mamlatdar is the officer in executive charge of a taluka and a mahalkari is in executive charge of a mahal. There is a sub-treasury [Four branches of the State Bank of India are opened in the Ratnagiri district, at Ratnagiri, Chiplun, Malvan and Khed and the cash business and the currency chest in these talukas have been transferred to the branches of the State Bad of India.] in every taluka or mahal, and this is in charge of the mamlatdar or mahalkari. There is practically no difference in 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 awal karkuns, eight or ten clerks, 50 talathis, one circle officer and three circle inspectors. The duties of mamlatdars and mahalkaris fall under various heads [In the following paragraphs whatever is said of the mamlatdar applies also to the mahalkari.].

(i) Revenue.—The mamlatdar's revenue duties are to prepare the ground work for the Prant Officer and the Collector to pass their orders upon. His report is called in almost all revenue matters. When these orders are passed he has to execute them.

In regard to the annual demand and collection of land revenue he has to get ready all village and taluka forms necessary for what is called the making of the jamabandi of the taluka by the Collector or Prant Officer. The Jamabandi is an audit of the previous year's accounts. 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 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 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; and distrain and sell moveable 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 such 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 orders 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 himself 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 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 utilized, inspect the works undertaken by its means, watch, the payments, and make recoveries from defaulters. The mamlatdar is primarily responsible for the administration of the Bombay Tenancy and Agricultural Lands Act (LXVII of 1948) and subsequent amendments within the areas of his charge. Some of his powers under the Act have been delegated to the awal karkuns.

(ii) Quasi-Judicial.—The quasi-judicial duties which the mamlatdar performs include: (1) inquiries and orders under the Mamlatdars' Courts Act (II of 1906); (2) the execution of civil court decrees; (3) the disposal of applications from superior holders for assistance in recovering land revenue from inferior holders; and (4) 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.

(iii) Magisterial.—Every mamlatdar is ex-officio the Taluka-Magistrate of his taluka. As Taluka Magistrate, First Class, he has the following among other powers under the Criminal Procedure Code:—

(1) Power to command any unlawful assembly to disperse (section 127).

(2) Power to use civil force to disperse unlawful assembly (section 128).

(3) Power to require military force to be used to disperse unlawful assembly (section 130).

(4) Power to apply to District Magistrate to issue commission for examination of witness (section 506).

(5) Power to recover penalty on forfeited bond (section 514) and to require fresh security (section 514-A).

(6) Power to make order as to disposal of property regarding which an offence is committed (section 517).

(7) 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 and take steps incidental to the maintenance of law and order in his charge. In a case of serious disturbance of the 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.

(iv) 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 moneys due to Government in the taluka—land revenue, forest, excise, 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 on 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 bank drafts.

When the mamlatdar is away from his headquarters the treasury head karkun is ex-officio in charge of the sub-treasury and the account business and 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 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. Sub-treasuries are treated as agencies of the Reserve Bank for remittance of funds.

The mamlatdar has to verify the balances 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 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 Ratnagiri. The sub-treasuries are annually inspected by either the Collector or the Prant Officer.

(v) Other administrative duties.—The mamlatdar is the pivot of the administration in his taluka. He is responsible to the Collector and the Prant Officer whom he must obey and keep constantly informed of all political happenings, outbreaks of epidemics and other matters affecting the well-being of the people, such as any maladministration in any department or any hitch in the working of the administrative machine.

He must help guide 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 them all and forms 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 recovery officer appointed for the purpose. He has to take prompt action for the control of epidemics and to render to the Public Health Officer 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 sub-assistant surgeon and the prohibition officer is not definable. Though they are not subordinate to him they 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-governing 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.

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 officers in the grade of awal 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 some 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 one circle officer and three circle inspectors in each taluka. Their duties relate to:—

(1) boundary marks inspection, inspection of crops including the estimating of the annewari, the inspection of tagai works and detection of illegal occupation of Government land;

(2) preparation of agricultural and other statistical returns, viz., crop statistics, cattle census, and water supply;

(3) supervision of the village officers in the preparation and maintenance of the record of rights, the mutation register and the tenancy register;

(4) examination of land revenue receipts and supervision of the revenue collection; and

(5) such other miscellaneous work as the mamlatdar may from time to time entrust them with, e.g., enquiry into alleged encroachments.

Patil.

Patil (or village headman). —The Patil or village headman is the principal official in a village.

The duties of the Patil fall under the following heads:—(i) revenue, (ii) quasi-magisterial; and (iii) administrative. His revenue duties are:—

(1) in conjunction with the talathi (village accountant) to collect the revenue due to Government from the rayats;

(2) to detect encroachments on Government land and protect trees and other property of Government;

(3) to execute the orders received from the taluka office in connection with recovery of revenue and other matters;

(4) to assist the talathi in maintaining properly the record of rights and village accounts and to get him to submit the periodical returns punctually; and

(5) 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. In some villages there are separate patils for revenue and police work. 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 useful in evidence, to the police officer. The village patils are stipendiary and no watan lands are assigned for their remuneration.

Talathi.

The Talathi (village accountant).—The office of village accountant used generally to be held by hereditary Kulkarnis. In the past hereditary Kulkarnis were allowed, subject to certain conditions, to commute the right of service attached to the kulkarni watan. But very few people took advantage of the commutation of watan. By the enactment of the Bombay Paragana and Kulkarni Watan Abolition Act, all the kulkarni watans along with the right of service were abolished with effect from the 1st of May 1951 and talathis were appointed in place of these Kulkarnis. If the villages are small, one talathi is appointed for two or more villages, which are called his charge or saza. The talathi receives monthly salary in a time-scale of pay. His main duties are:—(1) 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; (2) to inspect crops and boundary marks and prepare agricultural statistics; and (3) 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. The talathi is Assistant Gram Sevak in those places where community development projects or national extension service blocks have been opened.

Village Servants.

Village Servants.—In addition to the village officers mentioned above, there are village servants. They are of two kinds, viz., (1) those useful to the community, and (2) those useful to the Government.

The village servants useful to community are Joshi, Jangam, gurav, sutar, lohar, chambhar, nhavi, kumbhar, parit, kazi, mujawar, khatib, etc. Formerly they were given inam lands subject to the payment of annual reduced assessment called judi, but these inams have now been abolished under the Bombay Service Inams Useful to Community Abolition Act, 1953.

The village servants, viz., Kazi, Mulla, Joshi, etc., perform religious services to the village community at the time of marriage, death and the like. The Gurav is expected to render Pooja of the village deities. Amongst the village servants useful to community Parit, Nhavi, Sutar, Chambhar, Joshi, Kumbhar, Gurav and Kazi, etc., are still in demand. In rural areas, the above said village servants do get their share of crop, etc., from the villagers according to the customs prevailing in the villages. These servants have certain rights and privileges at ceremonial functions. In addition to the annual fixed payment in kind, cash or sometimes food is also given to the village servants on special occasions.

Amongst the village servants useful to Government, the village Mahars help in the collection of land revenue, and in registering births and deaths in taluka places. They are also required to proclaim Government orders requiring publicity in the village by beat of drum. They are paid from Government Treasury. Their appointments, etc., being noted in the Taluka Form XIII.

Khar Land Schemes.

Khar Land Schemes.—The Khar Land Development Boards Act is applicable to the district. Eighteen Khar Land Schemes were completed by the Board, in various talukas of the district, viz., Mandan-gad, Chiplun, Ratnagiri, Rajapur, Deogad, Malvan, Vengurla and Kudal. Out of these the Government land is included in the following schemes.

Iron ore is being tapped at the village Redi in Vengurla mahal. About 1,296 acres of land have been leased to different mining companies for tapping the ore. A committee called " Redi Development Committee " has been set up by Government under G. R., No. MNL. 1756-M, dated 3rd September 1957. The mine owners and other Government officers are members and the Collector, Ratnagiri district, is the Chairman of the committee.

LOCAL SELF-GOVERNMENT.

LOCAL SELF-GOVERNMENT IN THE DISTRICT is conducted by various statutory bodies enjoying local autonomy in different degrees. The progress of these institutions has gone on in three spheres. First, in regard to their constitution, from fully or partly nominated bodies, they have now become entirely elective. Secondly, their franchise which had gone on widening has, with the enactment of the Bombay Local Authorities Adult Franchise and Removal of Reservation of Seats Act, (XVII of 1950), reached the widest limit possible, viz., universal adult franchise. Every person who—

(a) is a citizen of India,

(b) has attained the age of 21 years, and

(c) has the requisite residence, business premises or taxation qualification,

is now entitled to be enrolled as a voter. Prior to 1950 reservation of seats for women, Muhammedans, Christians, Anglo-Indians, Harijans and Backward Tribes, had been provided in Municipalities and District Local Boards, and for women, Muhammedans, Harijans and Backward Tribes in village panchayats. Muhammedans were also provided separate electorates in local boards and municipalities before 1947. The enactment mentioned above abolished the reservation of seats for Muhammedans, Christians and Anglo-Indians but continued it for ten years from the commencement of the Constitution of India (i.e., till 26th January, 1960), for women, the scheduled castes and scheduled tribes, which castes and tribes more or less represent Harijans and Backward Tribes. Thirdly, wider and wider powers have been gradually conferred on local bodies for the administration of areas under their charge.

Another recent reform is connected with the controlling authority over institutions of local self-government. Government, under the Bombay Commissioners of Divisions Act—1957 (Bombay Act No. VIII of 1958), have revived the posts of the Commissioners of Divisions since 3rd March, 1958 and the Commissioners exercise such functions under the following Acts:—

(1) The Bombay Village Sanitation Act (I of 1889).

(2) The Bombay District Vaccination Act (I of 1892).

(3) The Bombay District Municipal Act (III of 1901).

(4) The Bombay Town Planning Act (I of 1915).

(5) The Bombay Local Boards Act (VI of 1923).

(6) The Bombay Municipal Boroughs Act (XVIII of 1925).

(7) The Bombay Local Fund Audit Act (XXV of 1930).

(8) The Bombay Village Panchayats Act (VI of 1933).

The Commissioner, Bombay Division, has jurisdiction over Ratnagiri district.

Municipalities.

The Municipalities.—The total area in the district under the administration of municipalities in 1951, was 21.61 square miles with a population of 1,01,411 (1951 Census). The Municipality of Sawantwadi which was formerly working under the Old State Government was, on its merger with the district, reconstituted by the then Government of Bombay into a municipality under the Bombay District Municipal Act (III of 1901). The town of Ratnagiri is a municipal borough governed by the Bombay Municipal Boroughs Act (XVIII of 1925) and the other towns of Khed, Chiplun, Malvan and Vengurla are working under the Bombay District Municipal Act (III of 1901).

The following is the list of Municipalities in the district with their population according to the 1951 Census, area, number of wards, total number of councillors, number of seats reserved for the representatives of women, the Scheduled castes and Scheduled tribes and number of nominated seats.

*The population given in the Census Hand-Book is of the revenue village which in area is much bigger than the municipal district administered by the municipality. But the population of the revenue village lucre or less approximates to the population of the municipal town as the area of the revenue village not included in the municipal district is more or less uninhabited as it is composed only of agricultural tick's. The cultivators stay in the town and go to the fields when they have to perform agricultural operations.

District Municipality.

Under the Bombay District Municipal Act (III of 1901) the State Government has power to declare by notification any local area to be a ' municipal district' and also to alter the limits of any existing municipal district. In every municipal district, a municipality has to be constituted, consisting of elected councillors, the Commissioner having power to nominate councillors to represent constituencies which fail to elect the full number allotted to them. The State Government has power to prescribe the number and the extent of the wards to be constituted in each municipal district and the number of councillors to be elected by each ward. Till 26th January, 1960, it could also reserve seats for the representation of women, the scheduled castes and the scheduled tribes.

The term of office of a municipality is four years, but it can be extended to an aggregate of five years by an order of the Commissioner. Under the Act, every municipality has to be presided over by a president selected from among the councillors and either appointed by Government or elected by the municipality, if the State Government so directs. A Vice-President is elected by the councillors from among themselves, but in the case of a municipality whose President is appointed by Government, the result of the election of Vice-President is subject to the approval of Government. At present all municipalities in Ratnagiri district are allowed to elect their Presidents.

The administration of a municipal district vests in the municipality. The head of the municipality is the President, whose duty it is to:—

(a) preside at meetings of the municipality;

(b) watch over the financial and executive administration and to perform such other executive functions as may be performed by the municipality; and

(c) exercise supervision and control over the Acts and proceedings of all officers and servants of the municipality.

There is provision for the compulsory constitution of a managing committee in the case of all municipalities and of a pilgrim committee in the case of those municipalities which have been specially notified by the State Government. Option is also left to municipalities to appoint other executive or consultative committees.

The Act divides municipal functions into obligatory and optional. The former include all matters essential to the health, safety, convenience and well-being of the population, while the latter are matters, which, though they are legitimate objects of local expenditure, are not considered absolutely essential. The following are among the obligatory duties laid on all municipalities;—

(a) lighting public streets, places and buildings;

(b) watering public streets and places;

(c) cleansing public streets, places and sewers, removing noxious vegetation and abating all public nuisances;

(d) extinguishing fires, and protecting life and property, when fires occur;

(e) regulating or abating offensive or dangerous trades or practices;

(f) removing obstructions and projections in public streets or places;

(g) securing, or removing dangerous buildings or places and reclaiming unhealthy localities;

(h) acquiring and maintaining, changing and regulating places for the disposal of the dead;

(i) constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, slaughter houses, latrines, privies, urinals, drains, sewers, drainage works, baths, washing places, drinking fountains, tanks, wells, dams and the like;

(j) obtaining a supply or an additional supply of water, proper and sufficient for preventing danger to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply when such supply or additional supply can be obtained at a reasonable cost;

(k) registering births and deaths;

(l) public vaccination;

(m) establishing and maintaining dispensaries and providing medical relief;

(n) establishing and maintaining primary schools;

(o) disposing of night-soil and rubbish;

(p) constructing and maintaining residential quarters for the conservancy staff;

(q) providing special medical aid and accommodation for the sick in time of dangerous disease and taking measures for preventing the outbreak of the disease;, and

(r) giving relief and establishing and maintaining relief works in time of famine or scarcity to or for destitute persons.

Municipalities may at their discretion, provide out of their funds for the following among others:—

(a) laying out new public streets;

(b) constructing, maintaining public parks, gardens, libraries, museums, halls, offices, dharmashalas, rest-houses and other public buildings';

(c) furthering educational objects;

(d) securing or assisting to secure suitable places for the carrying on of offensive trades;

(e) promoting the well-being of municipal employees and their dependants; and

(f) any measure likely to promote the public safety, health, convenience or education.

Municipal taxation may embrace the following items: —

(i) a rate on buildings and lands;

(ii) a tax on all or any vehicles, boats or animals used for riding, draught or burden;

(iii) a toll on vehicles (other than motor vehicles or trailers) and animals used as aforesaid;

(iv) an octroi on animals and goods;

(v) a tax on dogs;

(vi) a special sanitary cess upon private latrines, premises or compounds cleansed by municipal agency;

(vii) a general sanitary cess for the construction and maintenance of public latrines, and for the removal and disposal of refuse;

(viii) a general water-rate or a special water-rate or both;

(ix) a lighting tax;

(x) a tax on pilgrims; and

(xi) any other tax which the state legislature has power to impose.

Instead of (i), (vii), (viii), (general water-rate) and (ix), a consolidated tax assessed as a rate on buildings or lands may be imposed.

The rules regulating the levy of taxes have to be sanctioned by the Commissioner, who has been given powers to subject the levy to such modifications not involving an increase of the amount to be imposed or to such conditions as to application of a part or whole of the proceeds of the tax to any purpose.

The State Government may raise objections to the levy of any particular tax which appears to it to be unfair in its incidence to the interest of the general public and suspend the levy of it until such time as the objections are removed. The State Government may require a municipality to impose taxes when it appears to it that the balance of the municipal fund is insufficient for meeting any cost incurred, by any person acting under the directions of the Collector or of the Commissioner, for the execution of any work or the performance of any duties, which the Municipality is under an obligation to execute or perform but which it has failed to execute or perform.

Municipalities.

Many of these taxes are levied by municipalities, but the rates at which they are levied do not enable them to meet all their expenditure. Their incomes have to be supplemented by numerous grants made by Government, both recurring and non-recurring. For instance, grants are made by Government to municipalities towards maintenance of municipal dispensaries, water-supply, roads within municipal limits and drainage schemes, expenditure on epidemics, payments of dearness allowance to staff, etc. Land revenue and non-agricultural assessment grants are also paid to municipalities. These grants add substantially to the municipal income.

Since the passing of the Bombay Primary Education Act (LXI of 1947), control of primary education has virtually been transferred from district municipalities (i.e., those working under the Bombay District Municipal Act, 1901) and the District Local Board to the Ratnagiri District School Board and the financial liabilities of district municipalities have been limited.

The District School Board has control of primary education in its areas, but the municipalities concerned pay over to the District School Board five per cent. of the rateable value of the properties in their areas as a contribution towards meeting the expenses on primary education. Compulsory education has been introduced in all municipal areas, except in the case of the areas falling under the municipalities merged in the district from the former State of Sawantwadi.

Control over the municipalities is exercised by the Collector, the Commissioner and the State Government. The Collector has powers of entry and inspection in regard to any immoveable property occupied by a municipality or any work in progress under it. He may also call for extracts from the proceedings of a municipality or for any books or documents in its possession or under its control. He may also require a municipality to take into its consideration any objection he has to any of its acts or any information which he is able to furnish, necessitating any action on its part. These powers are delegated by the Collector to the Assistant or Deputy Collectors in charge of talukas.

The Commissioner has powers to order a municipality to suspend or prohibit, pending the orders of the State Government, the execution of any of its order or resolution, if, in his opinion, it is likely to cause injury or annoyance to the public or to lead to breach of peace or is unlawful. In cases of emergency, the Commissioner may provide for the execution of any work or the doing of any act which a municipality is empowered to execute or do and the immediate execution or doing of which is necessary for the health or safety of the public and may direct that the expenses shall be forthwith paid by the municipality.

Subject to appeal to the State Government, the Commissioner is also empowered to require a municipality to reduce the number of persons employed by it as also the remuneration assigned to any member of the staff. On the recommendation of a municipality he can remove any councillor guilty of misconduct in the discharge of. his duties.

When satisfied that a municipality has made a default in performing any statutory duty imposed on it, the State Government may direct the Commissioner to fix a period for the performance of that duty, and if that duty is not performed within the period stipulated, the Commissioner may appoint some person to perform it and direct that the expenses shall be forthwith paid by the municipality. If the State Government is of the view that any municipality is not competent to perform or persistently makes default in the performance of its duties or exceeds or abuses its powers, it may either dissolve the municipality or supersede it for a specific period. The president or vice-president of a municipality or municipal borough may be removed by the State Government for misconduct or for neglect or incapacity in regard to the performance of his duties.

This Act also provides for conversion of a village panchayat into a municipality or vice-versa, amalgamation of municipal division of a municipal district into two or more municipal districts and absorption of a village panchayat area into a municipal district.

The audit of all local fund accounts is provided for by the Bombay Local Fund Audit Act (XXV of 1930). The Commissioner, on receipt of the report of the Examiner of Local Fund Accounts, may disallow any item of expenditure which appears to him to be contrary to law and surcharge the same on the person making or authorising the making of the illegal payment. Appeal against the order may be made either to the District Court or to the State Government.

Borough Municipalities.

The Bombay Municipal Boroughs Act, is applied in the Ratnagiri district to the Ratnagiri municipality. This Act enacted in 1925, confers greater powers on a municipal borough than those conferred on municipalities governed by the Bombay District Municipal Act, 1901.

In the case of a borough municipality a standing committee is appointed instead of the managing committee as in the case of district municipalities. The powers of the standing committee are wider than those of the managing committee. The appointment of a chief officer is made compulsory and he has been given powers under the Act in respect of control over the subordinate staff. A chief officer has to be a graduate of a recognised university or a qualified engineer and it is laid down by section 33 that no chief officer shall be removed from office, reduced or suspended unless by the votes of at least two-thirds of the total number of Councillors.

As regards taxation, a borough municipality is empowered to levy (a) a drainage tax and (b) a special education tax, in addition to the taxes leviable by municipalities governed by the District Municipal Act. Certain powers exercised by the Commissioner, in the case of District municipalities are, in the case of borough municipalities, exercised by the State Government, namely, (1) power to sanction the rules relating to levy of taxes, (2) power to remove on the recommendation of the municipality, any councillor guilty of misconduct in the discharge of his duties and (3) power to extend the term of a municipality from four years to five years. The municipal borough of Ratnagiri is an authorised municipality under the Bombay Primary Education Act (XXI of 1947), i.e., it is authorised to control all approved schools within its areas and to manage primary education within its areas.

An account of the individual municipalities in the district will be found in the paragraphs dealing with the towns concerned, in Chapter 20.

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