REVENUE ADMINISTRATION

DEPARTMENT OF LAND RECORDS

Present System of survey, Assessment and collection.

THE LAND REVENUE SYSTEM PREVALENT IN SATARA DISTRICT IS RAYATWARI and is based on a complete survey, soil classification and settlement of the assessment of every field.

LAND RECORDS.

The original survey and settlements were introduced in this district between 1858-59 and 1862-63. Thereafter, the first revision settlements were introduced between 1890-91 and 1895-96. The second revision settlements were introduced between 1924-25 and 1926-27.

In all, 104 villages [Phaltan (73), Bhor (13), Aundh (14), Jamkhindi (2), Akkalkot (1), Sangli (1) and one village from Baramati taluka of the Poona district] have been included in the district. The original settlement was introduced in the ex-State villages of Phaltan in 1893-94 and the first revision settlement was introduced in 1924-25 which is now in force.

Present System of Survey, Assessment and Collection.

The whole of the district has been surveyed, classified and settled except for 82 inam villages of the pre-merger States areas which have now been surveyed and classified for the purpose of the Record of Rights and settlement under the Post-War Reconstruction Schemes Nos. 75 and 77-A. Akarbands for these villages have been prepared provisionally under section 52 of the Land Revenue Code read with Land Revenue Rule 19-0 pending regular settlement under Chapter VIII-A of the Land Revenue Code which will be taken up along with the revision settlement of the rest of the district. The current settlement has now expired from 1956-57 in all the talukas of the district and preliminary work for revision settlements is being done (1959).

Survey.

The survey work is done by chain and cross-staff method. The unit of the area is the " English acre" with its sub-division the Guntha equal to 21 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 an indicative number and that of the sub-division, too, is so entered under an indicative number subordinate to that of the survey number of which it forms a part.

Village, Taluka and District maps.

Accurate village maps have been prepared (generally on a scale of 20 chains to an inch) in respect of all the khalsa and inam villages surveyed by chain and cross-staff method and on a scale of 10 chains to an inch in respect of the remaining inam villages surveyed by minor triangulation method. Village maps prepared in the scale of 20 chains to an inch show the survey numbers and their boundary marks and other topographical details such as roads, nallas, and forests, etc., whereas the maps prepared in respect of inam villages surveyed on minor triangulation method show the above particulars and in addition the hissas contained in each survey number as well as the minor triangulation stones with reference to which the boundaries of the survey number and hissas could be re-laid if necessary. From these village maps, the maps of taluka and district and the maps of the States have been prepared on a smaller and convenient scale of one inch to two miles.

Classification.

The main classes of lands as defined in section 117-C(3) which are recognised as dry crop, garden and rice, and the soil of each field has been classified with reference to its texture, its depth and deteriorating factors and extra advantages, if any, such as availability of nalla water, silt deposit, availability of drainage from higher lands, etc. The water factor has been separately considered in respect of well water (Motasthal garden) by classifying the wells and in respect of flow water (Patasthal garden) by classifying the duration and availability of water from the bandharas etc. and the crops grown thereon.

The classification value was expressed in terms of annas, 16 annas representing the standard. In Satara district the dry crop lands have been further divided into the following four sub-classes viz., Khuski, Jirayat, Tisali and Kumari for purposes of detailed classification.

One more factor that was particularly taken into consideration for the purpose of assessment of the lands was the Dongar class. Previously Tisali and Kumari lands had a specially sanctioned rate different from that of the ordinary dry crop. This was subsequently abolished and all dry crop lands have now one and the same rate. The inferior quality of Tisali and Kumari lands is now accounted for by the application of this Dongar class by which the standard rate is lowered according to the class of the Dongar land. These lands were divided into three classes according to their situation i.e. land situated on (1) plains, (2) minor spurs and (3) elevated spurs of hills.

Most of the soil classification as was originally done has been more or less confirmed during the revision survey and classification in this district except for the application of new classes viz., the general position, class and the dongar class. According to section 106 of the Land Revenue Code the original classification if confirmed or the revision classification if undertaken is final and no general re-classification of the soil is made at further revision settlements. All improvements made at the cost of private capital are exempt from increased taxation for a period of 30 years. They become liable for such taxation thereafter at the next revision settlements.

Settlement and Assessment.

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 to the Statute Book under the Amendment (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 conditions of the area and rental values to the prevalent prices and yields of principal crops. The various provisions governing the settlement procedure are contained in Chapter VIII-A of the Land Revenue Code and Chapter III-A of the Land Revenue Rules. The prescribed procedure in brief, is as under: —

" Settlement" is defined as the result of operations conducted in a zone in order to determine the land revenue assessment [Section 117 (C) (1) ].

" Zone " is defined as a local area comprising a taluka or a group of talukas or portions thereof of one or more districts, which is contiguous and homogeneous in respect of:—

(i) physical configuration;

(ii) climate and rainfall;

(iii) principal crops grown in the area; and

(iv) soil characteristics [Section 117-C(1A)].

The Settlement Officer (appointed by the State Government under section 18 Land Revenue Code) examines fully the past revenue history of the zone with a view to assessing the general effect of the incidence of assessment on the economic conditions of the zone. He then proceeds to divide the lands to be settled into groups and fixes the standard rates for each class of land in such groups.

The groups are formed on consideration of the following factors, viz.:—

(i) Physical configuration;

(ii) Climate and rainfall;

(iii) Prices; and

(iv) Yield of principal crops.

If the Settlement Officer thinks it necessary to do so', he may also take into account the factors specified in clauses (a) (i) of the proviso to the sub-section (2) of section 117G, 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 fond, 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 the sixteenth of the average yield of crops per acre on land in that class of sixteen annas classification value [Section 117 C (5)].

Improvements made at the cost of holders are exempted from enhancement of assessment for a period of 30 years immediately preceding the date on which the settlement expires (Section 117-H).

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 [Land Revenue Rule 19-B(1)].

The settlement report is published in the regional language in each village in the prescribed manner, together with a notice stating the existing standard rates for each class of land and the extent of increase or decrease proposed by the Settlement Officer. A period of three months from the date of notice is allowed for any objection to the Settlement proposals (Section 117-J).

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 (Section 117-KK).

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

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 (Section 117-C).

Thereupon, the State Government passes final orders on the settlement report (Section 117-L) and, after a notice of the orders has been given in the prescribed manner, the settlement is deemed to have been introduced (Section 117-0).

The assessment to be imposed on each holding in the case of an original settlement is determined by the application of the standard rates to the classification value of the land through the medium of Jantris (table of calculation) prepared by the Superintendent of Land Records, and in the case of a revision settlement, it is worked out by increasing or decreasing the old assessment in the same proportion as there 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 (Section 117-E).

Government may after the expiry of every ten years from the date on which a settlement was introduced under section 117-0 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 a zone (Section 117-M).

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

LAND RECORDS. 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 villages of the district except a few inam villages which too, have, of late, been taken up for survey and record of rights under the Post War Reconstruction Scheme. Under this scheme the Record of Rights work is done by the Revenue Department staff. The Record of Rights was introduced in all the villages of the district in 1959 except 12. Out of them, in four villages the Record of Rights was written but was yet to be promulgated whereas in respect of the remaining eight villages in Khandala mahal it was to be written for want of pot hissa measurement papers.

According to section 135-B (i) of the Land Revenue Code, the Record of Rights contains the following particulars:—

(a) the names of the persons who are holders, occupants, owners or mortgagees of the land or assignees of the rent or land revenue thereof;

(b) The nature and extent of the respective interest of such persons and conditions of liabilities attached thereto;

(c) The rent or revenue (if any) payable by or to any such persons; and

(d) Such of the particulars as the State Government may prescribe in this behalf by making rules from time to time. The present Record of Rights e.g. gives information regarding the total area of the holding, pot-kharaba cultivable area, assessment, judi, nukasan, names and modes of tenancies and crops grown in addition to those shown in item (b) and (c) above.

The State Government has now applied the law to all tenancies under section 135-B(2). Any acquisition of right either by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise is to be reported to the village officers by the person acquiring it unless it is registered. (Section 135-C Land Revenue Code). 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 nearing completion and the old survey and settlement department was brought to a close. The department is an adjunct to the Revenue Department. Its functions are:—

(i) to maintain all survey, classification and settlement records uptodate by keeping very carefully 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 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 the 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 (such as survey of Inam villages); surveys in connection with railway, municipal and local board projects; town planning schemes and survey for the Defence and other Government departments.

(viii) to maintain up-to-date all village maps, 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.

The District Inspector of Land Records, Satara is the principal Officer in-charge of the Land Records Department in the district. He is a class II officer of the Mamlatdar's rank appointed by the Settlement Commissioner and Director of Land Records and is directly subordinate to the Superintendent, Land Records, Poona Circle, Poona in all technical matters. He is also subordinate to the Collector, Satara and has to carry out all administrative orders of the Collector in the matters of survey and land records. He is also required to train the revenue officers in survey and settlement matters.

Duties and Functions of the District Inspector of Land Records.

The District Inspector of Land Records is both a Revenue and a Survey Officer. His main duties are: —

(a) To supervise the measurement and classification work done by district and Cadastral Surveyors, Pot Hissa, Surveyors and Maintenance Surveyors, by taking field tests and to exercise check over the prompt disposal of all the measurement and other cases received in the District Survey Office;

(b) To be responsible for the maintenance of the Theodolite frame work in all villages surveyed according to minor triangulation system by arranging for the inspection of the stones in groups every year and replacing those that are found missing;

(c) To be responsible for the correctness and punctuality of the work done in the district and survey offices in the district;

(d) To take a small test of work of as many circle inspectors as possible;

(e) To compile the huzur statistics like the season and crop report and quinquennial returns about cattle and water resources;

(f) To arrange for the training of the Assistant Collectors, Junior Indian Administrative Service Officers and Deputy Collectors in survey and settlement matters as prescribed in G. R., R. D., No. 393/51-II, dated 18th August 1958 and supernumerary Assistant Collectors (Revenue Department Circular No. TRN/RD/1055, dated 14th September 1955);

(g) To hold the training classes on the lines indicated in G. R., R. D., No. TRN. (RDO 1053, dated 28th November 1953) for imparting training to mamlatdars in survey and settlement matters;

(h) To incorporate all changes in the survey records by issue of survey correction statements under proper authority and by correcting the village and district maps;

(i) To inspect the city survey offices every year and send inspection memoranda through the Superintendent, Land Records;

(j) To inspect the District Survey Office record of one taluka in every year and to see that all survey papers are forthcoming and to arrange for tracing or reconstructing the missing ones and recopying those that are torn;

(k) To watch the I. V. S., pat hissa survey and city survey recoveries and to maintain their account;

(l) To inspect the work of repairs to boundary marks in at least one village in each circle;

(m) To inspect the Record of Rights, tenancy and crop registers, to see that the village officers understand their work properly and to maintain uniformity in this respect in the district; and

(n) To advise revenue officers in all technical matters relating to survey and classification and in matters relating to the maintenance of Record of Rights.

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 applications, civil court partition decrees, etc. In the case of private work, the prescribed measurement fees are recovered in advance from the parties. The district surveyor deals with the measurement cases that cannot ordinarily be entrusted to the cadastral surveyors on account of the difficulty, size, importance and urgency. The staff does the work of effecting necessary changes in the survey records by preparing Kami Jasti Patraks during monsoons.

District Survey Office and Headquarter Assistant.

The district survey office is in charge of the headquarter assistant 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 the correspondence connected with records. In urgent circumstances, the Headquarter Assistant disposes of the references 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 prescribed procedure. He also issues certified extracts from survey records and supplies printed maps to the applicants on payment of the prescribed charges. The survey office issues the measurement cases to the surveyors and keeps a close watch over their prompt and proper disposal, scrutinises the surveyors' work in office and takes action to get all the changes effected in the survey records. In this connection necessary Kami-jasti patraks (with their abstracts) signed by the District Inspector of Land Records are sent to the revenue authorities when countersigned by the Superintendent of Land Records and Akarphod Patraks signed by the District Inspector of Land Records are sent to the revenue authorities direct for the correction in the village and taluka accounts, records and maps.

Maintenance Surveyors.

The Maintenance Surveyor's staff is responsible for the maintenance of city surveys which are introduced under section 131 of the Land Revenue Code and the records including the Record of Rights and maps connected therewith and assist the revenue administration of the city-surveyed areas. They work under the immediate control of the revenue officers in-charge of the city survey, but the technical and administrative control of the staff vests with the District Inspector of Land Records and the Superintendent of Land Records. Such surveys were introduced in the following important cities and towns in the Satara district in the years noted against each:—

Name of the City Survey Town.

Year of introduction.

Staff incharge of maintenance.

1

2

3

1. Satara

1919

1 Superintendent.

2 Maintenance Surveyors.

2. Karad

1922

1 Maintenance Surveyor.

3. Wai

1923

1 Maintenance Surveyor.

4. Panchgani

1923

1 Maintenance Surveyor.

5. Mahabaleshwar

1926

1 Maintenance Surveyor.

6 Lonand

1946

1 Maintenance Surveyor.

7. Koregaon

194S

1 Maintenance Surveyor.

8 Phaltan

1949

Maintenance yet to be conducted.

Pot Hissa Surveys.

The cost of the maintenance of all these city surveys is borne by Government. All the revenue arising out of the city surveys in the form of non-agricultural assessment, occupancy price on account of disposal of Government lands assessment on municipal encroachments, measurement fees, copying fees, Record of Rights fees etc., goes to Government and it is seen that the expenditure incurred over each post of Maintenance Surveyor is fully recoverable from the public in this manner so as to make the post self-supporting. In addition to the above the village site survey of one village (viz. Udatara, Taluka Satara) has also been done in the year 1916. The village site survey however is not under the regular maintenance. The Pot Hissa Survey staff does the measurement work of all new hissas and thus helps to keep the Record of Rights up-to-date. Till 1st January, 1957, a staff of 13 Pot Hissa Survey measurers headed by a Nimatandar was directly working under the control of the District Inspector of Land Records. But due to the creation of separate establishment for each district by increasing the staff, this control was switched to the survey Mamlatdar (P. H. S.), Sholapur who has his jurisdiction over Sholapur and Satara districts (vide G.R., R.D., No. S.V.C. 1057/c, dated 28th December 1956).

The cost of the sub-division measurement done by the measurers is distributed equitably over the number of hissas measured and is recovered from the public under section 135-G (b) of the Land Revenue Code.

Circle Inspectors.

The Circle Inspector works under the direct supervision and control Circle Inspectors, of the Mamlatdar or Mahalkaris but in technical matters of survey and maintenance of land records he obtains orders from the District Inspector of Land Records. Each taluka and mahal is divided into a suitable number of circles according to volume of work involved and a Circle Inspector is put in charge of a circle for supervising the revenue administration and the land records of each village in his circle. He has to supervise the work done by the village officers by field inspection as well as by inspecting their village daftars as often as possible. He is expected to read and interpret maps and also prepare scale drawn sketches of plots and sites in the course of his duties. The Circle Inspector is thus the main link between the revenue administration and the land records. The diaries of Circle Inspectors are therefore being passed on to the Prant Officers through the District Inspector of Land Records.

Post War Reconstruction Schemes.

In addition to the normal duties of the department referred to in the foregoing paragraphs, the Land Records department is at present entrusted with the execution of the following three post-war reconstruction schemes in the pre-merger areas of the district as detailed below.

Scheme No.

Description.

74

Consolidation of holdings under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

75

Survey of Inam villages and introduction of Record of Rights.

Scheme Number 74—Consolidation of holdings.—The Assistant Consolidation Officer and the Additional Assistant Consolidation Officer, Satara, are entrusted with the duties of the preparation and execution of the schemes of consolidation of holdings. The former is in charge of Koregaon taluka and the latter of Satara taluka. Both of them are Gazetted Officers of the cadre of the District Inspector of Land Records and appointed by the Settlement Commissioner and Director of Land Records and are working under the direct control of the Consolidation Officer, Poona.

The following staff is working under each of the Assistant Consolidation Officers:—

(a) Six Surveyors under one Nimtandar to assist him in bringing the Record of Rights up-to-date and collecting preliminary data for the preparation of the schemes of consolidation, and

(b) A staff of Circle Inspectors to assist him in the execution of the schemes of consolidation of holdings after confirmation by the Settlement Commissioner and the Director of Land Records or Government, as the case may be.

The progress of consolidation work so far achieved is as detailed below:—

Item

Taluka or peta

Koregaon

Satara

Khandala.

Total

(1) Number of villages in which the consolidation scheme is enforced.

26

5

1

32

(2) Number of villages in which the consolidation scheme is approved.

--

2

--

2

(3) Number of villages in which the consolidation scheme is completed.

4

3

--

7

(4) Number of villages in which the consolidation scheme is in progress.

2

3

--

5

Total

32

13

1

46

One village from Khandala mahal was taken up at the outset for experimental purpose.

Scheme Number 75 and 77-ASurvey of Inam Villages for Record of Rights.—A special staff was sanctioned by Government for undertaking the survey and classification of the inam villages in the district in 1954. The special staff was put under the charge of two Survey Mamlatdars "(vide G.R., R.D., No. 2879-144559, dated 11th September 1954 and S. V. C. 1256-L, dated 2nd April 1956) specially for the Satara district at the outset. One post of Survey Mamlatdar was however, subsequently abolished from 1st May 1956, after the completion of survey work. The measurement and classification in respect of 197 villages was completed by the said staff by 31st December 1957. Besides, one more village in Khandala mahal (Rui) was surveyed and classified by the Survey Mamlatdar, Ahmadnagar in 1951 under the same scheme. The staff has also completed the work of preparing Akarbands in respect of 82 inam villages hitherto unsettled but the rate of which is now temporarily fixed under Land Revenue Rules, 19-0 by the Collector of Satara. The said staff was discontinued with, effect from 1st January 1958 due to completion of the work in the district. The work of preparation of Record of Rights has been done by the regular staff of the Talathis under the control of the Revenue department.

History of Land Tenures.

The land tenures of the State comprised a congeries of inams, watans, cash grants and non-rayatwari tenures. It was not out of any generosity that the previous rules—whether the Hindu, the Muslim, the Maratha or the British—alienated villages, lands and cash allowances, but all the grants were dictated by the political necessity; the necessity of support to the existing rule and permanent stable revenue to the State. In order to achieve these objectives some leading men such as paragana watandars, inamdars, khots, jagirdars, malguzars etc. were selected and given inams in the form of entire villages, lands, revenues and cash grants.

These grants were the legacy of the past administrations and were the products of uncertain political conditions obtaining in the 17th and 18th centuries in India. Such grants were necessary in those uncertain political conditions, when the means of transport and communications and the art of administration had not developed on the present scientific basis. Creation and continuance of such special tenures affected the social well being of a large number of persons in the villages, who had to labour for the luxurious maintenance of their over-lords. Thus was created a class of non-cultivating landlords who banked and lived upon the revenues realised from their inams or watans and of their cultivators who became the drawers of water and hewers of wood. Although many tenures were the legacy of the past administrations, the British retained them as vested interests to support their new administration and to secure a stable land revenue to finance war in and outside India.

Such intermediaries outlived their utility in the new democratic set-up as embodied in the Constitution of India. As a result, Government of India laid down a policy for removal of all such intermediaries from the administration by enacting special legislation. In furtherance of this policy, all the State Governments undertook special legislation for abolishing the inams, watans and non-rayatwari tenures.

The Maharashtra Land Revenue system is primarily a rayatwari system in which the tiller of the land should in principle be directly responsible to Government for the payment of land revenue of his holdings and other such obligations. In practice, however, this was not uniformly the case as there were various intermediaries in the form of inamdars and landlords who shared this right of collecting the land revenue with Government in some cases, and enjoyed the right of exemptions from payment of land revenue either in part or wholly in other cases and thus consumed a part of State revenue. One of the steps in the land reforms activities of Government was therefore the abolition of the various inam tenures in the State. The Acts which have thus affected the inam tenures in Satara district are as detailed below:—

Name of the Act.

Date of enforcement.

Number of entire villages affected.

Area in respect of scattered holdings.

Acres.

Gunthas.

1. The Bombay Paragana and Kulkarni Watan Abolition Act, 1930.

1st May 1951

10

1,41,472

32½

2. The Bombay Merged Territories and Areas (Jagir Abolition) Act, 1953.

1st August 1955

4

(Two temporary villages) Two non-proprietory villages.

3. The Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955.

1st August 1955

103

--

4. The Bombay Personal Inams Abolition Act, 1952.

1st August 1953 or 1st August 1955 According to the nature of the grant.

206

--

5. The Bombay Saranjams Jagirs and Other Inams of Political nature Resumption Rules, 1952.

1st August 1953 or 1st August 1955 according to the nature of the grant.

13

--

6. The Bombay Service Inams (Useful to Community) Abolition Act, 1953.

1st April 1954

--

8,172

37

Total

336

1,49,645

29½

The only Inam Tenures which still prevail are (1) Deosthan Inams and (2) Inams of Class VI (Service Inam) useful to Government.

In regard to the Bombay Paragana and Kulkarni Watans Abolition Act, 1950, the Bombay Service Inams (Useful to Community) Abolition Act, 1953, the Bombay Merged Territories Alienations Abolition Act, 1955 provisions have been made for the ex-holders to be occupants of the resumed lands on payment of occupancy price prescribed by Government before the prescribed dates.

In respect of the resumed lands of which the occupancy price has been paid by ex-holders before prescribed date, regrant orders have been passed. In respect of the lands vesting in Government on account of failure on the part of the ex-holders to pay the occupancy price of Paragana and Kulkarni watan lands before 30th April 1956, Government have issued orders that the lands should be granted to the persons in actual possession on payment of the amount of occupancy price prescribed by Government. Government have also passed the Bombay Inferior Village Watans Abolition Act, 1958. The act came into force in Satara with effect from August 1st, 1959 and with it all inferior village watans in the district stand abolished from that date.

Land Reforms

Prior to 1938, the tenants held the tenancy on a customary basis with no legal agreement to define their rights and responsibilities. Great insecurity characterised the conditions of tenancy. The high share of produce taken by the landlord left the cultivator with a bare subsistence minimum, the tenant having little incentive to increase output. Wealth was primarily held in the form of land and accumulation of capital did not lead to productive investment. On this background of the problem, the tenancy system was a great obstacle to economic development. In Maharashtra, crop-share rents were the rule and the cash-rents were the exceptions. The tenancies were generally annual and there was no law preventing a landlord from evicting his tenants. Although in several cases, tenancy was continued from father to son, the tenants were generally tenants-at-will. The tenancy conditions became harsh and oppressive in the areas covered by the inam and non-rayatwari tenures.

This is the background of the tenancy problem in Maharashtra. The basic idea in the tenancy and other agrarian reforms is the transfer of ownership rights from those not working on the land to those doing so and the resultant redistribution of income in the agricultural sector.

The tenancy problem for the State may be divided into the following periods:—

(1) the pre-legislation period (before 1939);

(2) the Bombay Tenancy Act, 1939; period (1939-1947);

(3) the Bombay Tenancy and Agricultural Lands Act, 1948 period; (1948-1956); and

(4) the Land to the Tillers Act; period (1957 onwards).

Pre-legislation Period.

1. The pre-legislation period (before 1939).—In the then Bombay State, there was no special tenancy law regulating the relations between landlords and tenants because such relations were mostly governed by mutual contract or local usage. The British Government took no notice of the regional variations in the conditions of agricultural tenancy from region to region, but laid down the general law as contained in the provisions of section 83 of the Land Revenue Code. This single section constituted the tenancy law of the then Bombay State for 60 years. According to that Section the land could be held by a tenant on payment of (1) agreed rent or services, (2) rent payable or services renderable by custom, and (3) in the absence of both, just and reasonable rent. The section recognised only permanent and annual tenancies. The protected tenancy was then not contemplated at all. Further, the concept of rent included an element of service to the landlord. The scales of law weighed heavily in favour of the landlord in that it permitted the landlord by virtue of agreement, usage or otherwise, to enhance the rent or service renderable by a tenant, to evict him for non-payment of rent or non-rendition of services. The landlord could terminate for any reason the annual tenancy by giving a three month's notice.

The Bombay Tenancy and Agricultural Lands Act 1939.

2. The Bombay Tenancy and Agricultural Lands Act, 1939.—The Act was made applicable to the district in the year 1946. The, tenants in and were given protection and their period of lease was settled at least for a period of ten years. The tenants who were cultivating the land in (1) 1932 to 1938 and (ii) from 1939 onwards to 1945 were declared as protected tenants and those who were cultivating on the appointed day i.e. 8th November 1946, were asked to apply within a period of one year for securing their rights of protected tenancy. Bombay Act No. XXXI of 1946 was passed and the tenants cultivating on 8th November 1947, were given the rights of protected tenants.

The Bombay Tenancy and Agricultural Land Act 1948.

3. The Bombay Tenancy and Agricultural Lands Act, 1948.—The Act aimed at the settlement of landlord-tenant relations and the, establishment of the peasant proprietorship in the State. This Act was amended from time to time as given below:—

Adopted and modified by the Adoption of Laws Order, 1950.

Amendment of Bombay Act XII of 1951.

Amendment of Bombay Act XXXIV of 1951.

Amendment of Bombay Act, VL of 1951.

Amendment of Bombay Act LXXXIII of 1952.

Amendment of Bombay Act, LX of 1953.

Amendment Act of 1955

Amendment of Bombay Act XIII of 1956.

Adopted and modified by the Bombay Adoption of Laws
         (State and Concurrent subject order) 1956.

Amended by XV of 1957.

Amended by XXXVIII of 1957.

Amended by LXIII of 1958.

The Land to the Tillers Act.

4. The Land to the Tillers Act; period (1957 onwards).—The new law i.e. amendment of 1955, which has come into force on 1st August 1956, provides that every tenant in actual possession of land on 1st April 1957 i.e. " Tiller's Day " shall be subject to certain restrictions and liabilities provided in the Act and be deemed to have become the occupant of the land. The purchase price to be paid by the tenant for the land purchased by him is to be determined by the Agricultural Lands Tribunal or the State Government.

The information regarding the number of tenants and owner cultivators as it stood on 31st October 1958 is as follows:—

Protected tenants

42,413

Ordinary tenants

56,987

Owner cultivators

2,90,203

The information regarding tenancy suits filed, decided and the balance during the period froml948 to 1957 is as under —

1.

Number of suits filed under the Tenancy Act.

33,412

2.

Number of suits decided

26,158

3.

Number of suits pending

7,254

4.

Number of cases decided in favour of tenants.

17,059

5.

Number of cases decided in favour of landlords.

9,099

Though the Collector is an appellate authority to hear appeals under the various sections of the Act, these powers have also been delegated to the Prant Officers.

Agrarian Movement.

In order to reduce inequalities in the distribution of land, legislative measures for abolition of the land tenures and the fixation of ceilings on the land holdings have been adopted by the State Governments. But these do not solve the problem of the landless labourers.

Bhoodan.

In this context, the contribution of the Bhoodan movement as one of the schemes of land distribution to the landless has got a special value. In essence, the Bhoodan Movement attempts at abolition of private ownership in land because its fundamental principle is that all land belongs to God. There is neither compulsion not force used in obtaining donation of land. The Bhoodan is a " loot by love " and the modus operandi," is voluntary. The donated land is distributed by the Bhoodan Committee and a change is made in the Record of Rights accordingly.

Peasant Organisations.

The peasant organisations in the district aim at arousing among Peasant the farmer members interest in the agricultural improvement Organisations, programme and educating them to take active interest in its implementation. It also serves as a link between the agriculturist members and all the agencies in the village concerned with the implementation of the agricultural improvement programme. The organisations help their members in securing assistance and services of the authorities concerned regarding credit, supplies, processing and marketing.

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