REVENUE AND FINANCE

the DEPARTMENT OF LAND RECORDS.

Introduction.

THE LAND REVENUE SYSTEM PREVALENT IN RATNAGIRI DISTRICT is rayatwari and it is based upon a complete survey, soil classification and settlement of the assessment of every field.

The original survey settlements were introduced in the district between 1866 and 1893 and the first revision settlements between 1898 and 1926. The second revision settlement was introduced in three talukas only, viz., (i) Ratnagiri in 1915-16, (ii) Mandangad in 1925-26, and (iii) Khed in 1925-26. In the merged areas, the original survey settlement was introduced between 1876 and 1885 and the first revision settlement in 1924-25.

The whole of the district has been surveyed, classified and settled.

The current settlements have long expired in all talukas of the district. The original and revision settlement work was taken up but the operations were discontinued under Government orders.

Survey.

The unit of area is the " English Acre ", with its sub-division, the guntha (121 square yards), i.e., the square formed by 1 chain or 11 yards), 40 gunthas making an acre. The area of each survey number is separately entered in the Land Records under indicative number and that of a sub-division, too, is so entered under the indicative number subordinate to that of the survey of which it forms a part. The survey of unsurveyed villages which is done recently is, however, done by plane table method.

Maps.

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

Classification.

The main classes of lands recognized were varkas, rabi, khariff, agri, bagayat and dongri bagayat and each field was classified with reference to the texture of the soil, its depth and deteriorating factors and extra advantages, if any. In case of garden lands, in addition to the soil factor, tree factor was also taken into consideration during classification. The classification value was expressed in terms of annas, 16 annas representing the standard. The soil classification as originally confirmed being declared final, no general reclassification of soil is made again at further revision settlements. The holder is, however, entitled to reclassification of his lands on account of physical deterioration and reduction of assessment.

Settlement and Assessment.

All improvements made are exempt from taxation for a period of thirty years immediately preceding the year in which settlement is introduced. Thereafter they are liable to taxation.

Prior to 1939, the settlement procedure was prescribed by administrative orders of Government under the Land Revenue Code. The settlement procedure was first brought on statute book under the Amendment Act of 1939 (Bombay XX of 1939). Under the Land Revenue Code Amendment Act, XXVIII of 1956, certain changes have been made in the settlement procedure. The changes in brief involve a shift in emphasis from the general economic condition of the area and rental value to the prevalent prices and yields of principal crops. The various provisions governing the settlement procedure are contained in Chapter V1II-A of the Land Revenue Code and Chapter III-A of the Land Revenue Rules. The prescribed procedure is, in brief, as under:-

"Settlement" is defined as the result of operations conducted in a zone in order to determine the land revenue assessment.

Zone is defined as local area comprising a taluka or a group of talukas or portions thereof, of one or more districts which is contiguous and homogenous in respect of (1) physical configuration, (2) climate and rainfall, (3) principal crops grown in the area, and (4) soil characteristics.

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

The groups are formed with consideration to the following obligatory factors, viz.:-

(1) physical configuration, (2) climate and rainfall, (3) prices, and (4) yield of principal crops.

If the Settlement Officer thinks it necessary to do so, he may also take into account the factors specified in clauses (a), (1) of the proviso to the sub-section (2) of section 117 G. (Land Revenue Code), viz., (a) markets, (b) communications, (c) standard of husbandry, (d) population and supply of labour, (e) agricultural resources, (f) variation in the area of occupied and cultivated lands during the last 30 years, (g) wages, (h) ordinary expenses of cultivating principal crops, including the wages of the cultivator for his labour in cultivating the land, and (i) sales of lands used for agriculture.

"Standard" rate is defined with reference to any particular class of land in a group as the value of one sixteenth of the average yield of crops per acre on land in that class of sixteen annas classification value.

Improvements made at the cost of the holders are exempted from the enhancement of assessment for a period of 30 years, immediately preceding the date on which the settlement expires.

The Settlement Officer is required to formulate his principles for settlement on the above basis and submit a comprehensive report, to the Collector concerned. The report would contain: -

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

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

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

Provision is made for referring settlement proposals to the Revenue Tribunal by the State Government at the instance of aggrieved persons (who have to deposit the prescribed amount of cost), within two months from the date of the notice.

After taking into account the objections, the Collector forwards the Settlement Officer's report to the State Government through the Settlement Commissioner and Director of Land Records, with his remarks.

The settlement report together with the objections and the recommendations of the Maharashtra Revenue Tribunal is required to be placed on the table of each chamber of the Legislature and the proposals can be discussed in the Legislature.

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

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

A settlement ordinarily remains in force for 30 years.

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

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

LAND TENURE.

The District of Ratnagiri forms part of Konkan, with its peculiar physical configuration and the problems of agriculture and administration necessitating its own special land tenures. These tenures arose out of the need of reclamation of the waste and uncultivated lands populating the villages by bringing settlers from outside and collecting land revenue on behalf of Government. Besides the usual survey tenures (usually known as the khalsa tenure), there were prevailing in the district before the introduction of the various Land Revenue Abolition Acts, introduced after 1947, the Khoti tenure, the Kauli and Katuban tenures and the Inam tenures.

Khoti Tenure.

Khoti tenure.-The khoti tenure originated in the Konkan owing to the rugged nature of the tract and the difficulty of collecting land revenue. A powerful and influential middleman, who could settle himself in the village, organize cultivation of lands, command confidence of the rayats and be responsible to Government for revenue, was badly needed. This situation created a middleman called the Khot. In Ratnagiri district the Khots were given sanads and were treated as hereditary farmers of revenue with certain defined rights over their subordinate rayats. The Khoti tenure in the district was governed by the provisions of the Bombay Khoti Settlement Act of 1880, which was enacted on the basis of the recommendations of the Khoti Commission appointed in 1874. The Act merely defined the existing rights and did not confer any new rights which were not then in existence. The Khoti villages included some personal Inam villages and some pargana-watan Khoti villages also. The Khot held the village on payment to Government of the aggregate assessment of the village. His rights to the Khoti lands were heritable and transferable. He had also reversionary right in respect of the Khoti Nisbat lands forfeited, or lapsed for failure of heirs and resigned by permanent tenants and quasi-dharekaris. In the Khoti Khasagi lands, however, he had full rights. As in the Kolaba district also, the Khoti Khasagi land in the Ratnagiri district was the private property of the Khot. The Khoti Nisbat land in Ratnagiri was joint property of the Khot, unlike in Kolaba where it vested in Government.

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

For abolition of the Khoti Phayada a Quasi-dharekari, a permanent tenant or a tenant of Khoti Nisbat land had to pay to the Khot, the commuted value of the Khot's dues at a rate not exceeding three times the value of such dues, if payable in cash, or three times the value of such dues, if payable in kind, subject to maximum of six times the survey assessment of the land. The occupancy price and commuted value of the Khot's dues were recoverable as arrears of land revenue. The Khot in Ratnagiri had certain forest rights also. He was entitled to 1/3 of the profits derived by Government from forest, after deducting the cost of management.

The Khoti Tenure in Ratnagiri, which was recognised by the Khoti Settlement Act of 1880, has since been abolished with all its incidence by the introduction (with effect from 15th May 1950) of the Bombay Khoti Abolition Act of 1949 (Bom. VI of 1950), which has repealed the said Act of 1880.

Kauli and Katuban Tenures.

Kauli and Katuban Tenures.-The Kauli and Katuban tenures were found in the former State of Sawantwadi now merged in Ratnagiri district. The expression " Kaul" ordinarily meant an agreement and implied a contract or lease of land granted on favourable terms for the reclamation of the land. It was, in essence, a reclamation lease under which land was allowed to be held free from payment of assessment for some years and then the assessment was levied on a graduated scale. The expression "Katuban" meant fixed rent or assessment not liable to fluctuation. Since 1880, the terms " Kaul" and "Katuban" came to be treated as synonymous. There were no entire villages of this tenure. They covered only scattered lands. The Kauli assessment was generally less than the survey assessment but in a few cases, the former exceeded the latter. A tree tax at varying rates was levied on these lands in the Ratnagiri district. All these leases were permanent or hereditary.

During the continuance of the tenures for more than a hundred years, the lands under the Kauli and Katuban tenures were developed and the reason for continuing the reduced assessment disappeared. Consequently these tenures have been resumed under the Bombay Kauli and Katuban Tenures Abolition Act, 1953 (Bom. XLIV of 1953). All such lands have since been subjected to payment of full assessment, all incidence of the tenures including the tree tax abolished and all the Kaulidars and permanent holders made occupants without charging any occupancy price and village records corrected.

Inam Tenures.

Inam Tenures.-The political inams governed by the Saranjam Rules of 1898 and recognised by the British as a matter of political expendiency in favour of certain historical families, without performance of service, have since been resumed with effect from 1st November 1952, under The Bombay Saranjams, Jahagirs and Inams of Political Nature Resumption Rules, 1952. In case of the soil grants the resumption under the rules was outright and if any encumbrances were created by the inamdars, they were extinguished. Only the inferior holders paying assessment anterior to the grants were recognised as occupants. In the case of Land Revenue Grants, the resumption was by levy of full assessment, the lands having been the private property of the holder. The Jahagirs of the former Sawantwadi State were abolished under the Bombay Merged Territories and Areas (Jahagirs Abolition Act, 1953), with effect from 1st August 1954.

Of service inams, those useful to community have, with the impact of mechanisation of transport and the consequent disruption of the age-old self-sufficiency of the village economy, since been abolished by the Bombay Service Inams (Useful to Community) (Gujarat and Konkan), Resumption Rules, 1954, with effect from 1st December 1954. These Resumption Rules have abolished inams consisting of: (a) grants of soil with or without exemption and (b) giants of revenue only. In the case of the former, the resumption was outright. Only an interior holder paying assessment to the inamdar has been recognised as occupant. Inams useful to Government have, however, been continued subject to the operations of (1) The Bombay Pargana and Kulkarni Watan Abolition Act, 1950 (Act LX of 1950), which abolished the Pargana Watans and (2) The Bombay Merged Territories and Areas (Jahagirs Abolition Act, 1953), which abolished all Jagirs consisting of entire alienated villages and portions of villages and (3) The Bombay Merged Territories, Miscellaneous Alienations Abolition Act, 1955, which was enforced with effect from 1st August 1955, and applied to the merged territories only and to scattered lands, assignments of land revenue and cash allowances.

Devasthan inam or inams held for religious purposes or by charitable institutions still continue. Personal inams, have however, been abolished by the introduction of the Bombay Personal Inams Abolition Act, 1952 (Bom. XLIV of 1953).

To sum up, as a result of the various Land Tenure Abolition Acts, 1 only the following broad tenures, besides the General Survey Tenure (Khalsa) still prevail in Ratnagiri district:-

(1) Service inams useful to Government which are very few in number, and

(2) Devasthan inams.

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

Record of Rights.

The record of rights law (contained in Chapter X of the Land Revenue Code), was enacted in 1913. The record of rights has been introduced in all the pre-merger talukas. The survey for record of rights purposes has been undertaken in the merged State areas and the record of rights is being introduced in all these villages. According to Section 135-B (1) of the Land Revenue Code, the record of rights contains the following particulars: (a) the names of all persons who are holders, occupants, owners, or mortgagees of the land or assignees of the rent or revenue thereof; (b) the nature and extent of the respective interests of such persons and the conditions or liabilities attached thereto; (c) the rent or revenue (if any), payable by or to any of such persons; and (d) such other particulars as the State Government may prescribe under the Rules made in this behalf.

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

Functions of the Department.

The Land Records Department was created in 1884, when the revision survey and settlement operations were under completion and the old Survey Settlement Department was brought to a close. The Department is now an adjunct to the Revenue Department. Its functions are: (i) to maintain all survey, classification and settlement records up-to-date by keeping careful notes of all changes, and for this purpose to carry out field operations preliminary to incorporation of the changes in the survey records; (ii) to collect and provide statistics necessary for the sound administration of all matters connected with land; (iii) to help to reduce, simplify and cheapen litigation in revenue and civil courts by providing reliable survey and other records; (iv) to supervise the preparation and maintenance of record of rights and of the periodical inspection of boundary marks; (v) to conduct periodical revision settlement operations; (vi) to organise and carry out village site and city surveys on an extensive scale and arrange for their proper maintenance; (vii) to undertake special surveys for private individuals or for public bodies, survey in connection with railway, municipal, and local board projects, town planning schemes and survey for the Defence and other Government Departments; (viii) to maintain all village maps up-to-date and to reprint them and arrange for their distribution to various departments for administrative purposes and for sale to the public; and (ix) to train the Revenue Officers in survey and settlement matters.

Land Records Staff.

The District Inspector of Land Records, Ratnagiri, is the principal officer in-charge of the Land Records Department in the district. He is a Gazetted Officer (of Mamlatdar's rank), appointed by the Settlement Commissioner and Director of Land Records and is directly subordinate to the Superintendent, Land Records, Nasik Circle, Nasik, in all technical matters. He is also a subordinate to the Collector of Ratnagiri and has to carry out all administrative orders of the Collector in the matter of survey and land records and has an adequate staff.

Duties and Functions of the District Inspector of Land Records, and his staff.

The duties of the District Inspector of Land Records, are:-

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

(b) to exercise check over the proper and prompt disposal of all measurement and other work done by the surveyor staff and the District Survey Office establishment by scrutinising their diaries and monthly statements;

(c) to take a small test of the work of as many circle inspectors and village officers as possible with a view to seeing that they understand their duties in respect of (i) the record of rights, (ii) the tenancy and crop registers, and (iii) the boundary marks, repair works, etc. During his village inspections, the District Inspector sees that the Government waste lands are not being unauthorisedly used. (His test is meant to be qualitative and not merely quantitative);

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

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

(f) to maintain the accounts and watch the recovery of the City Survey and pot hissa dues;

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

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

(i) to advise the Revenue Officers in the district in all technical matters concerned with the maintenance of the survey records and the record of rights, and to refer all cases of doubt to the Superintendent of Land Records.

District and Cadastral Surveyors.

The staff of District and Cadastral Surveyors deals with the routine measurement and classification work, whether done for Government (e.g., in land acquisition cases, etc.), or on private application. In the case of private work, the prescribed measurement fees are recovered from the parties in advance. The District Surveyor deals with such measurement cases as cannot ordinarily be entrusted to the Cadastral Surveyors on account of their difficulty, size, importance and urgency. The staff does the work of effecting necessary changes in the survey records preparing kami-jasti patraks during the monsoon. The partition cases are dealt with by the Watap Circle Inspectors.

District Survey Office and the Headquarter Assistant.

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

Maintenance Surveyor.

The Maintenance Surveyor is responsible for the maintenance of the City Surveys (these are introduced under section 131, Land Revenue Records Code), and the records including the record of rights and maps connected therewith and assists the revenue administration of the city surveyed area. He, therefore, works under the immediate control of the Revenue Officer in-charge of the city survey, but the technical and administrative control of the staff lies with the District Inspector of Land Records and the Superintendent of Land Records. There is only one city surveyed town, viz., Malvan. The city survey was introduced in the year 1935. The measurement work of Sawantwadi city survey has been completed and enquiry work is in progress as also the measurement work of city survey area of Ratnagiri town (1960). The cost of maintenance of city surveys is, as usual, borne by Government.

Pot Hissa Surveyors.

The staff of pot hissa surveyors (now under the control of the Survey Mamlatdar), does the measurement work of the sub-divisions of survey numbers for keeping the record of rights up-to-date. During the monsoons the staff does the office work of working out hissawar assessment and preparation of duplicate sketches and akar-phod statements for the use of the village officers. (The cost of the sub-division measurement is recovered from the land holders under Section 135-G (b) Land Revenue Code).

Circle Inspectors.

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

Post-War Reconstruction Schemes.

Post-War Reconstruction Schemes.-In addition to the normal duties of the Department referred to in the foregoing paragraphs, the Land Records Department is entrusted with the execution of the following Post-War Reconstruction Schemes in the district:-

Scheme No. 74-Consolidation of Holdings.-The Assistant Consolidation Officer and Additional Assistant Consolidation Officer, Ratnagiri, are the District Officers entrusted with the preparation and execution of the schemes of consolidation of holdings. They are Gazetted Officers of the cadre of the District Inspector of Land Records, appointed by the Settlement Commissioner and Director of Land Records, and working under the control of the Consolidation Officer, Kolhapur. Their subordinate staff comprises of:-

(a) Six surveyors under one Nimtandar each, to assist them in the up-to-date measurement of sub-divisions and bringing the records of rights up-to-date and preparation of the schemes of consolidation; and

(b) a staff of Circle Inspector to assist in the execution of the schemes of the consolidation of holdings after confirmation by the Settlement Commissioner or Government, as the case may be.

Since 1950, 28 villages in Lanje Mahal and 50 villages in Khed Taluka have been taken up for introducing the consolidation scheme; work in 25 villages has so far been completed out of which in 14 villages, the scheme is completely enforced. In 15 villages the scheme is in progress.' The work is carried out at present at Government cost.

Scheme No. 61: Survey and classification for settlement purposes in merged State area.-The special staff sanctioned by Government for this scheme has carried out the survey and classifications in six villages and only survey operations in three other villages. In the remaining 10 villages the work is in progress. Only the cost of survey is recoverable from the holders. The rest of the cost is borne by Government.

Scheme for introduction of Record of Rights.-The survey for the purpose of introduction of record of rights in Sawantwadi taluka and Kudal and Kankavli petas is undertaken by the department. A special staff of 200 surveyors under the supervision of the two Survey Mamlatdars under the direct control of the Special Superintendent of Land Records, (Pot Hissa Survey), Poona, is working in this district and 101, 79 and 12 villages from Sawantwadi taluka and Kudal and Kankavli petas, respectively, are undertaken for measurement. The work in Kudal Peta and Sawantwadi Taluka is completed.

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