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GENERAL ADMINISTRATION
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MAMLATDARS AND MAHALKARIS
The Mamlatdar is the officer in executive charge of a taluka
and the Mahalkari has the executive charge of a mahal. There
is a sub-treasury in every taluka or mahal. and there is practically no difference of kind between the functions and duties of a Mamlatdar and those of a Mahalkari. Each taluka or mahal has on an average two or three head clerks (aval karkuns), 15 or 18 clerks, 60 talathis, two Circle Officers and two Circle Inspectors. The duties of Mamlatdars and Mahalkaris fall under various heads. [Whatever is said of the Mamlatdar in the following paragraphs applies also to the Mahalkari.]
The Mamlatdar's revenue duties are to prepare the ground work for the Prant Officer and the Collector to pass their orders upon. When these orders are passed he has to execute them.
In regard to the annual demand of land revenue he has to get ready all the statements necessary for what is called the making of the jamabandi of the talukas. The jamabandi is partly an audit of the previous year's accounts and partly an inspection of the accounts of the current year. The demand for fixed agricultural revenue is settled, but there are remissions and suspensions to be calculated upon that fixed demand in lean years. Remissions and suspensions are given in accordance with the crop annewaris with the determination of which the Mamlatdar is most intimately concerned. To the demand of fixed revenue is added the amount of non-agricultural assessment and of fluctuating land revenue, such as that arising from the sale of trees, stone or sand, fixed when individuals apply for them.
The brunt of the work of collection also lies on the Mamlatdar. He can issue notices under Section 152, Land Revenue Code, inflict fines for delay in payment under section 148, Land Revenue Code, distrain and sell 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 breach, to bring it to the notice of the Collector through the Prant Officer.
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 repavment would be suitable, etc. He can grant tagai up to Rs. 1,000 and Rs. 200 under the Land Improvement Loans Act and Agricultural Loans Act respectively. A Mamlatdar who has been specially empowered can grant tagai up to Rs. 2,500 and Rs. 500 under the Land Improvement Loans Act and the Agricultural Loans Act respectively. In other cases he has to obtain orders from the Prant Officer or the Collector.
The Mamlatdar's duties regarding tagai do not end with the giving of it; he has to see that it is properly utilised, inspect the works undertaken by its means, watch the repayment, and make
recoveries from defaulters. The Mamlatdar is primarily responsible for the administration of the Bombay Tenancy and Agricultural Lands Act (LXVII of 1948) within the area of his charge. His powers under the Act have been delegated to the aval karkuns.
Quasi-judicial.
The quasi-judicial duties which the Mamlatdar performs include: (i) inquiries and orders under the Mamlatdars' Courts Act (II of 1906); (ii) the execution of civil court decrees; (iii) the disposal of applications from superior holders for assistance in recovering land revenue from inferior holders; and (iv) enquiry in respect of disputed cases in connection with the record-of-rights in each village. The last two are summary enquiries under the Land Revenue Code.
Magisterial.
Every Mamlatdar is ex-officio the Taluka Magistrate of his
taluka. As Taluka Magistrate, First Class, he has the following other powers under the Criminal Procedure Code:—
(i) Power to command unlawful assembly to disperse (Section 127),
(ii) Power to use civil force to disperse unlawful assembly
(Section 128),
(iii) Power to require military force to he used to disperse unlawful assembly (Section 130),
(iv) Power to apply to District Magistrate to issue commission for examination of witness, (Section 506),
(v) Power to recover penalty on forfeited bond (Section 514) and to require fresh security (Section 514-A).
(vi) Power to make order as to disposal of property regarding which an offence is committed (Section 517),
(vii) Power to sell property of a suspected character (Section 525).
If authorised by the State Government or the District Magistrate, the Taluka Magistrate may exercise the following among other powers: (1) power to make orders prohibiting repetitions of nuisances (Section 143); (2) power to make orders calculated to prevent apprehended danger to public peace (Section 144); and (3) power to hold inquests (Section 174).
The Mamlatdar is also in charge of the management of the sub-jail. He has to keep the District Magistrate and the Sub-divisional Magistrate informed of all criminal activities in his charge, taking steps incidental to the maintenance of law and order in his charge. In a case. of serious disturbance of public peace the Mamlatdar carries great responsibility, for, as the senior executive magistrate on the spot, he must issue orders and carry on till his superiors arrive.
Treasury and Accounts.
As a Sub-Treasury Officer, the Mamlatdar is in charge of the taluka treasury, which is called "sub-treasury" in relation to the district treasury. Into this treasury all money due to Government in the taluka—land revenue, forest, public works and
other receipts—are paid and from it nearly the whole of the money expended for Government in the taluka is secured. The sub-post offices in the taluka receive their cash for postal transactions from the sub-treasury and remit their receipts to it. The Sub-Treasury Officer pays departmental officers on cash orders or demand drafts issued by Treasury Officers and on cheques, except where certain departments are allowed to present bills direct at the sub-treasury. The Sub-Treasury Officer also issues Government and bank drafts.
When the Mamtatdar is away from his headquarters, the Treasury Awal Karkun is ex-officio in charge of the sub-treasury and of the accounts. business, and he is held personally responsible for it. During the Mamlatdar's presence he is authorised to sign receipts irrespective of the amount.
The taluka sub-treasury is also the local depot for stamps— general, court-fee and postal—of all denominations and for the stock of opium held there for sale to permit-holders. A few sub-treasuries have been specially authorized to discontinue the maintenance of a stock of postal stamps. In such cases, the sub-post office at the taluka headquarters is supplied with postal stamps from the post offices at the district headquarters.
A currency chest is maintained at almost all sub-treasuries in which surplus cash balances are deposited. From it withdrawals are made to replenish sub-treasury balances whenever necessary. Sub-treasuries arc treated as agencies of the Reserve Bank for remittance of funds.
The Mamlatdar has to verify the balance in the sub-treasury, including those of stamps and opium, on the closing day of each month, which for the convenience of the district treasury is fixed on the 25th of ail months, except February when it is the 23rd, and March when it is the 31st, the latter being the closing day of the financial year. The report of the verification, together with the monthly returns of receipts under different heads, has to be submitted by the Mamlatdar to the Treasury Officer at Sangli. The sub-treasuries are annually inspected by either the Collector or the Prant Officer.
Other Administrative Duties.
The Mamlatdar's main duty lies towards the Collector and
the Prant Officer whom he must implicitly obey and keep
constantly informed of all political happenings, outbreaks of epidemics and other matters affecting the well-being of the people, such as serious maladministration in any department or any hitch in the working of the administrative machine, due, for instance, to subordinate officers of different departments being at loggerheads.
He must help officers of all departments in the (execution of their respective duties in so far as his taluka is concerned. In fact, he is at the service of all of them and is also the connecting link between the officers and the public whom they are all meant to serve. This is particularly so in departments which have not
a local taluka officer of their own. The Mamlatdar is also responsible for the cattle census, which really comes under the purview of the Agriculture department. The Co-operative department expects the Mamlatdar to propagate co-operative principles in his taluka. He has to execute the awards and decrees of societies in the taluka, unless there is a special officer appointed for the purpose. He has to take prompt action in respect of epidemics and to render to the Assistant Director of Public Health and his assistants every help in preventing outbreaks of epidemic diseases and suppressing them whenever they occur.
Under executive orders the Mamlatdar has to provide the Military departments with the necessary provisions and conveyances when any detachment marches through the taluka.
The Mamlatdar's position in relation to other taluka officers, e.g., the Sub-Inspector of Police, the Sub-Registrar, the Range Forest Officer, the Sub-Assistant Surgeon and the prohibition officials is not well defined. They are not subordinate to him except perhaps in a very limited sense but are grouped round him and are expected to help and co-operate with him in their spheres of activity.
Though the Mamlatdar is not expected to work directly for local self-government bodies, he is usually the principal source of the Collector's information about them. He is responsible for the administration of his taluka just as the Collector is responsible for the district.
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.
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