 |
ADMINISTRATIVE STRUCTURE |
 |
LAND
REVENUE AND GENERAL ADMINISTRATION.
A REARRANGEMENT OF THE BOUNDARIES of various talukas
and mahals was effected in 1949 and 1950 and Chandgad taluka from
the Belgaum district was included in this district with effect from
1st October, 1956. The district now covers an area of 3184.44 square
miles and has according to the census of 1951, a population of
13,08,060. It is divided into two prants, comprising 9 talukas and 3
mahals as shown below:-
|
|
Area in Square miles. |
Population. (1951 Census) |
|
(1) Kolhapur
or Northern Sub-Division- |
|
|
|
(i)
Karvir Taluka |
262.4 |
2,66,299 |
|
(ii)
Hatkanangale |
235.3 |
1,69,700 |
|
(iii)
Shirol Taluka |
203.8 |
1,21,192 |
|
(iv)
Shahuwadi Taluka |
407.5 |
86,765 |
|
(v)
Panhala Mahal |
218.3 |
96,379 |
|
(vi)
Bavada Mahal |
260.6 |
52,922 |
|
(2) Gadhinglaj
of Southern Division- |
|
|
|
(i)
Kagal Taluka |
212.0 |
1,10,734 |
|
(ii)
Gadhinglaj Taluka |
191.6 |
1,11,397 |
|
(iii)
Chandgad Taluka |
394.0 |
80,513 |
|
(iv)
Bhudargad Taluka |
253.1 |
65,929 |
|
(v)
Radhanagari Taluka |
344.5 |
87,205 |
|
(vi)
Ajra Mahal |
205.3 |
59,025 |
|
Total |
3,188.4 |
13,08,060 |
Collector.
The Collector is the pivot on which the district
administration turns. Not only is he at the head of the Revenue
Department in the district, but, in so far as the needs and
exigencies of the district administration are concerned, he is
expected to superintend the working of the offices of other
departments.
(1) Revenue.-The Collector is most intimately
connected with the operation of the Bombay Land Revenue Code (V of
1879). He is the custodian of Government property in land (including
trees and water) wherever situated, and at the same time the
guardian of the interests of members of the public in land in so far
as the interests of Government in land have been conceded to them.
All land, wherever situated, whether applied to agricultural or
other purposes, is liable to payment of land revenue, except in so
far as it may be expressly exempted by a special contract
(vide section 45, Land Revenue Code). Such land revenue is of
three kinds: -
(i) agricultural assessment,
(ii) non-agricultural assessment; and
(iii) miscellaneous (e.g., rates for the use
of water in respect of which no rate is leviable under the Bombay
Irrigation Act (VII of 1879).
The Collector's duties are in respect of: -
(a) fixation,
(b) collection, and
(c) accounting of all such land revenue.
The assessment is fixed on each piece of land
roughly in proportion to its productivity. This assessment is
revised every thirty years taluka by taluka. A revision survey and
settlement is carried out by the Land Records Department before a
revision is made, and the Collector is expected to review the
settlement reports with great care. The assessment is usually
guaranteed against increase for a period of thirty years.
Government, however, grant suspensions and remissions in bad seasons
as a matter of grace, and the determination of the amount of these
suspensions and remissions is in the hands of the Collector. As
regards non-agricultural assessment, section 48 of the Code provides
for alteration of the agricultural assessment when agriculturally
assessed land is used for a non-agricultural purpose. In the same
way, unassessed land used for a non-agricultural purpose is assessed
to non-agricultural rates. All this has to be done by the Collector
according to the provisions of the rules under the Land Revenue
Code. Miscellaneous land revenue also has to be fixed by the
Collector according to the circumstances of each case.
The collection of land revenue rests with the
Collector, who has to see that the revenue due is recovered
punctually and with the minimum of coercion, and that the
collections are properly credited and accounted for.
Statistics of Land
Revenue Collections.-The statistics of land revenue
collections in Kolhapur district for the year 1956-57 are as under:
-
|
NUMBER OF
VILLAGES: |
|
|
Khalsa |
1,061 |
|
|
Inam |
37 |
|
| |
Rs. nP. |
|
GROSS FIXED REVENUE,
INCLUDING NON-AGRICULTURAL ASSESSMENT AND ALL OTHER
DUES |
|
29,54,593.17 |
|
Deduct- |
Rs. nP. |
|
|
Assessment
assigned for special and public purposes including
forests |
3,473.89 |
|
|
Net alienations
of total inams |
2,50,964.63 |
|
|
Assessment of
cultivable land: |
|
|
Unoccupied |
3,50,618.19 |
|
|
Free or
specially reduced. |
5,271.21 |
|
|
Remaining
fixed revenue for
collection- |
|
|
Agricultural: |
|
|
Government
occupied land including specially reduced. |
21,78,626.92 |
|
|
Alienated
lands |
1,27,793.61 |
|
|
Building and
other non-agricultural assessment |
37,844.72 |
|
|
FLUCTUATING
MISCELLANEOUS REVENUE |
|
8,14,888.86 |
|
LOCAL FUND |
|
4,83,889.44 |
|
Demand |
|
35,89,423.56 |
|
Remissions |
|
3,89,546.7 |
|
Suspensions |
|
2,05,860.79 |
|
Collections |
|
33,36,919.72 |
|
Unauthorised
balance |
|
99,793.57 |
The Collector is also responsible for the collection
of fees and taxes under various other Acts, such as the Bombay
Irrigation. Act (VII of 1879), the Indian Forest Act (XVI of 1927),
the Indian Stamp Act (II of 1889), the Indian Court-fees Act (VII of
1870), the Bombay Tolls on Roads and Bridges Act (III of 1875), the
Bombay Entertainments Duty Act (I of 1923), and the Bombay
Prohibition Act (XXV of 1949). There are also Acts which contain a
provision that dues under them are recoverable as arrears of land
revenue, and the Collector and his establishment have to undertake
the recovery of such dues when necessary.
In regard to the administration of the Forest Act,
the ultimate responsibility for the administration of the
department, so far as his district is concerned, lies with him, and
the Divisional Forest Officer is his assistant for the purpose of
that administration, except in matters relating to the technique of
forestry.
As regards the Prohibition Act, the Collector has to
issue personal permits to liquor and drug addicts and recover the
assessment fees from shops permitted to sell liquor and drugs. The
Collector of Kolhapur is the Chairman of the Prohibition Committee
of the district. In fact he is the agency through which the Director
of Prohibition and Excise arranges to have the policy of the
department carried out.
The administration of the Bombay Tenancy and
Agricultural Lands Act (LXVII of 1948), rests with the Collector. He
is also an appellate authority to hear appeals under the various
sections of the Act.
(2) Inams.-As a legacy of former Governments,
alienations of land revenue have taken place in regard to large
areas of land in the district. There are also cash allowances
settled under various Acts. It is the duty of the Collector to see
that the conditions under which these are continuable are observed
and they are continued only to persons entitled to hold them.
Recently, however, the State Government have inaugurated a policy of
abolishing these alienations, and within a few years almost all
lands in the district are expected to be assessed to full land
revenue. With effect from 1st May, 1951, all Kulkarni Watans along
with the right of service were abolished by the Bombay Paragana and
Kulkarni Watans Abolition Act (LX of 1950). By the Bombay Personal
Inams Abolition Act (XLII of 1953), which came into effect on 20th
June 1953, all personal inams are extinguished in the case of
personal inams consisting of exemption from the payment of
land revenue only, either wholly or in part, if the amount of such
exemption is or exceeds Rs. 5,000, with effect from the 1st day of
August 1953, and in all other cases, with effect from the 1st day of
August 1955.
(3) Public Utility-The Agriculturist's
Loans Act (XII of 1884) and the Land Improvement Loans Act (XIX of
1883), regulated the grant of loans to agriculturists at cheap rates
for financing their operations. The Collector has to estimate the
needs of his district in accordance with the policy of Government
and, in the event of a bad season, to make further demands for as
much money as can be usefully loaned for the purpose of tiding over
the scarcity. He has to take necessary steps for the most
advantageous distribution of the amount placed at his disposal, and
to see that the advances made are recovered at the proper time.
The Collector of Kolhapur is the Court of Wards for
the estates taken over under the Bombay Court of Wards Act (I of
1905).
(4) Accounts.-The Collector is in charge of
the treasury and is personally responsible to Government for its
general administration, the due accounting of all moneys received
and disbursed, the correctness of the treasury returns and the safe
custody of the valuables which it contains. In matters of accounts
and audit, the Collector (with the Treasury Officer under him) is
responsible to the Accountant General, whose instructions he has to
obey. He does not, however, take part in the daily routine of
treasury business. For that work his delegate and representative is
the Treasury Officer.
(5) Quasi-judicial functions in
revenue matters.-Among the quasi-judicial functions of
the Collector on the revenue side, apart from hearing appeals from
the Prant Officers under the Land Revenue Code and various other
Acts, may be mentioned: -
(i) The revisional powers exercised under
section 23 of the Bombay Mamlatdars' Courts Act (II of 1906), in
respect of Mamlatdars' orders under the Act. (This power is
delegated to an Assistant or Deputy Collector).
(ii) Appellate powers under section 53 of the
Bombay Irrigation Act, in regard to fixation of betterment charges
on lands under the irrigable command of a canal.
(iii) The work which the Collector does in
connection with the execution of civil courts' decrees.
(iv) Proceedings and awards under section 11
of the Land Acquisition Act (I of 1894).
(6) Local Self-Government.-In all
cases in which the power of passing orders in matters affecting
local bodies rests with the Director of Local Authorities or
Government, either the proposals are made by the Collector or they
are received by the Director of Local Authorities with the
Collector's remarks. There are, however, many matters in which the
Collector can pass final orders. The control sections of the various
Acts governing local bodies give authority to the Collector as the
chief representative of Government to supervise the action of local
bodies and to give advice.
(7) Officers of Other
Departments.-The officers of other departments stationed at
the district head-quarters can be divided into two groups: -
(A) (i) the District and Sessions judge;
(ii) the District Superintendent of Police;
(iii) the Divisional Forest Officer;
(iv) the Executive Engineer; and
(v) the Civil Surgeon.
(B) (i) the Superintendent of Prohibition and
Excise;
(ii) the Administrative Officer, District
Local Board;
(iii) the District Agricultural Officer; and
(iv) the Inspector of Sanitation and
Vaccination.
(A) (i) The District Judge has a separate and
independent sphere of work, and as Sessions Judge he exercises
appellate powers over the decisions of all judicial magistrates in
the district. The Bombay Separation of Judicial and Executive
Functions Act (XXIII of 1951) has separated the magistracy into
"judicial magistrates", who are subordinates of the Sessions Judge,
and " executive magistrate", who are subordinate of the District
Magistrate. Before the enactment of this legislation, the Sessions
Judge used to exercise appellate powers over the decisions, in
criminal cases, of the District Magistrate and other First Class
Magistrates, but the new legislation has withdrawn from the
executive magistrates practically all powers of trial of criminal
cases, and only in certain cases the Sessions Judge has to hear
appeals from the decisions of executive magistrates.
(ii) The District Superintendent of Police
and the Police force of the district are under the control of the
District Magistrate.
(iii) The Divisional Forest Officer is
regarded as the Collector's assistant in regard to forest
administration.
(iv) The Executive Engineer stands a little
apart. Since his work is technical, he is not directly subordinate
to the Collector, though in a sense he plays a part subsidiary to
the general administration of the district, of which the Collector
is the head, and he is expected to help the Collector whenever
required to do so. The Collector can ask him to investigate the
utility of minor irrigation works likely to be agriculturally useful
in the district. According to section 11 of the Bombay Famine Relief
Code, the Executive Engineer arranges, in consultation with the
Collector, for the inclusion, in the programme of expansion of
public works, of the plans for special and current repairs to roads
and other useful works suitable as scarcity works. The programme of
famine relief works is also prepared quinquennially by the Executive
Engineer in consultation with the Collector. When the time for
actual opening of any work comes, the Collector can requisition the
services of the Executive Engineer for making immediate arrangements
for procuring the necessary establishment, tools, plant, building
materials, etc. (Famine Relief Code, Section 81).
(v) The Civil Surgeon has also a separate and
independent sphere of his own, but must place his professional and
technical advice and assistance at the disposal of the general
district administration whenever required.
(B) The Collector is the subordinate of the Director
of Prohibition and Excise in all matters pertaining to the Bombay
Prohibition Act (XXV of 1949). The Superintendent of
Prohibition and Excise is his subordinate, except in technical
matters.
The other officers in this group are also of
subordinate status, their services in their particular sphere can be
requisitioned by the Collector, either directly in case of
necessity, if the matter is urgent or through their official
superiors.
The following are some of the officers of the
district who have more or less intimate contact with the Collector,
in matters relating to their department and have to carry out his
general instructions: -
(i) the District Industrial Officer;
(ii) the Backward Class Welfare Officer;
(iii) the Medical Officers at the various
taluka centres;
(iv) the District Health Officer;
(v) the Compost Development Officer, (through
the Rural Development Board);
(vi) the Divisional Veterinary Officer;
(vii) the District Inspector of Land Records;
(viii) the District Officer, Industrial
Co-operatives and Village Industries;
(ix) the District Co-operative Officer; and
(x) the Marketing Inspector.
The Regional Transport Officer is other officer
whose work in the district has to be conducted in consultation with
the Collector.
(8) As District Magistrate.-The
Collector's duties as District Magistrate are mostly executive. He
is at the head of all other executive magistrates in the district.
As District Magistrate, besides the ordinary powers of a
Sub-Divisional Magistrate, he has the following powers among others:
-
(i) Power to hear appeals from orders
requiring security for keeping the peace or good behaviour (section
406, Criminal Procedure Code).
(ii) Power to call for records from any
subordinate executive magistrate (section 436);
(iii) Power to issue commission for
examination of witnesses (section 503 and 506);
(iv) Power to hear appeals from or revise
orders passed by subordinate executive magistrates under section
514-procedure on forfeiture of bond (section 515). When authorised
by the State Government, the District Magistrate may invest any
magistrate subordinate to him with:-
(i) power to make orders prohibiting
repetitions of nuisances (section 143);
(ii) power to make orders calculated to
prevent apprehended danger to public peace (section 144); and
(iii) power to hold inquests (section 174).
The District Magistrate Kolhapur, is Chairman of the
Board of Visitors of the Kolhapur Central Prison. The executive
management of the sub-jails in the district is subject to his
orders.
Besides having control over the police in the
district, the District Magistrate has extensive powers under the
Criminal Procedure Code, the Bombay Police Act (XXII of 1951), and
other Acts for the maintenance of law and order. It is his duty to
examine the records of police stations and outposts, in order that
he may gain an insight into the state of crime within their limits
and satisfy himself that cases are being promptly disposed of.
In his executive capacity, the District Magistrate
is concerned with the issue of licences and permits under the Arms
Act (II of 1878), the Petroleum Act (VIII of 1899), the Explosives
Act (IV of 1884), and the Poisons Act (I of 1904). He has also to
supervise the general administration of these Acts, to inspect
factories and magazines, and to perform various other supervisory
functions.
(9) As District Registrar.-As
District Registrar the Collector controls the administration of the
Registration Department within his district.
(10) Sanitation and Public
Health.-The duties of the Collector in the matter of
sanitation are: -
(a) to see that ordinary and special sanitary
measures are initiated in cases of outbreaks of epidemic diseases;
(b) to watch and stimulate the efficiency of
the sanitary administration of municipalities and other sanitary
authorities; and
(c) to advise and encourage local bodies to
improve the permanent sanitary conditions of the areas under them so
far as the funds at their disposal will allow. He can freely
requisition the advice and technical assistance of the District
Health Officer.
(11) District Development
Board.-The Collector is ex-officio Chairman of the
District Development Board. The Board is constituted of district or
divisional officers of the various departments concerned with rural
development, members of the State Legislature who are residents of
the district, the President of the District Local Board, two
non-official members of the State District Development Board who are
residents of the district, representatives of co-operative agencies
in the district, such as the District Central Co-operative Bank,
marketing societies and agricultural societies. The functions and
duties of the board are: -
(a) to act as a focus of all rural
development activities in the district;
(b) to formulate, for submission to
Government through the appropriate channels, schemes for the
improvement of rural areas and for increasing the production of
agricultural commodities, mainly of food crops;
(c) to execute such schemes and administer
such funds as may be relegated to them;
(d) to supervise and guide the work of taluka
development boards and village food production committees;
(e) to select suitable agencies for the
distribution of materials like groundnut cake, mixed manure, iron
and steel, cement, diesel oil for agricultural purposes, etc., and
to make provision for supervising the distribution work; and
(f) to assist and advise the officers
concerned for the carrying out of rural development and for
increasing food production.
(12) District Soldiers',
Sailors' and Airmen's Board.-The
Collector is also President of the District Soldiers', Sailors' and
Airmen's Board. The Vice-President of this board is a military
officer nominated by the Recruiting Officer, Poona, and the members
of the board are: -
(i) the District Superintendent of Police;
(ii) the Regional Director of Resettlement
and Employment, Bombay (or his nominee);
(iii) a representative of the Indian Navy;
(iv) the President, District Local Board;
(v) non-officials nominated by the Collector
with concurrence of the State Board;
(vi) the Prant Officers of the district;
(vii) the Administrator, Services Post-War
Reconstruction Fund and other Allied Funds; and
(viii) the members of the State Board
resident in the district. An ex-Junior Commissioned Officer serves
as paid secretary. The duties of the board are: -
(a) to promote and maintain a feeling of
goodwill between the civil and military classes;
(b) generally to watch over the family and
interest of serving soldiers, etc.; and
(c) to implement in detail the work of the
State Soldiers', Sailors' and Airmen's Board.
Consequent upon the partition of India there has
been an exodus of a large number of persons from West Pakistan owing
to unfavourable conditions there. A special colony to rehabilitate
these persons has been opened near the district head-quarters of
Kolhapur town called Gandhi Nagar Colony. The Collector of Kolhapur
has, therefore, his share of the work of rehabilitation and
resettlement of these persons. He has to deal with grant of loans,
maintenance allowances, etc., to these persons and look after the
administration of the Colony.
Collector's Office.
The Collector's Office.-The
Collector's Office at Kolhapur is divided into many branches, each
of which is usually in charge of a person in the grade of Mamlatdar.
The Home Branch deals with all magisterial work, the
administration of the Bombay Entertainments Duty Act (I of 1923),
the Arms Act (XI of 1878), and political work connected with the
maintenance of law and order. The English Branch deals with the
District Local Board, municipalities and village panchayats,
passports, political work, prohibition and excise, public works,
petroleum, medical affairs, fairs, cattle pounds, telephones, stamp
duty, Backward Class Board meetings, etc. The Chitnis Branch deals
with matters like land revenue, land grants, watans, cash
allowances, tagai, establishment, encroachments, dues of
co-operative societies, tenancy, execution of decrees of civil
courts (darkhast), audit of village accounts
(jamabandi audit), and inspection of talukas and public
offices. The District Registration Office is one of the branches and
is in charge of the Headquarter Sub-Registrar. The Treasury Branch
is in charge of the Treasury Officer. There are separate branches
dealing with each one of the following: -
(i) the Court of Wards;
(ii) the District Soldiers', Sailors' and
Airmen's Board; and
(iii) the District Development Board.
There are branches dealing with Elections, Refugees
and Evacuees, but these are purely temporary.
Prant Officers.
Prant Officers.-Under the Collector
are the Prant Officers who are either Assistant Collectors (Indian
Administrative Service Officers) or District Deputy Collectors. The
two Prants in the District have each a separate Prant Officer in
charge. The Prant Officer in charge of Kolhapur or Northern Division
has his head-quarters at Kolhapur.
The Prant Officers form the connecting link between
the Mamlatdar and the Collector. A Prant Officer exercises all the
powers conferred on the Collector by the Land Revenue Code and by
any other law in force or by executive orders, in regard to the
talukas and mahals in his charge, except such powers as the
Collector may specially reserve to himself. His principal functions
in regard to his sub-division are:-
(I) Revenue.-(1) Inspection and supervision
of the work of Mamlatdars, Circle Officers, Circle Inspectors and
village Officers, including the inspection of taluka
kacheries.
(2) Appointments, transfer, etc., of stipendiary
village officers and the appointment etc., of hereditary village
officers.
(3) Safeguarding Government property by constant
inspection, dealing with encroachments, breaches of the conditions
on which land is held on restricted tenure etc.
(4) Grant of waste land and disposal of alluvial
land.
(5) Levy of non-agricultural assessment and passing
orders regarding miscellaneous land revenue.
(6) Hearing of appeals against Mamlatdars' decisions
in assistance cases and watching the execution of assistance
decrees.
(7) Crop and boundary mark inspection and the
checking of annewaris (anevaris), i.e., estimates of
crop yields for purposes of suspensions and remissions of revenue,
and the record of rights.
(8) Supervision over the realisation of Government
revenue.
(9) Successions to watans and other
properties.
(10) Land acquisition,
(II) Magisterial.-The Prant Officer is the
Sub-Divisional Magistrate of his charge and as such exercises the
powers specified in Part IV of Schedule III of the Criminal
Procedure Code. These include the ordinary powers of a Taluka
Magistrate and also the power to maintain peace (section 107); power
to require security for good behaviour under sections 108, 109 and
110; power to make orders calculated to prevent apprehended danger
to public peace (section 144); power to record statements and
confessions during a police investigation (section 164); and power
to hold inquests (section 174). The Sub-Divisional Magistrate, when
empowered by the State Government, has power also to call for and
forward to the District Magistrate records and proceedings of
subordinate executive magistrates.
As Sub-Divisional Magistrate the Prant Officer is
required to inspect police sub-inspectors' office from much the same
point of view from which the District Magistrate inspects them.
(III) Other Duties.-Among the other duties'
of the Prant Officer may be mentioned:-
(1) Keeping the Collector informed of what is going
on in his sub-division not only from the revenue point of view but
also in matters connected with law and order.
(2) Bringing to the notice of the Collector
slackness or laxity of the Mamlatdar, Circle Officers and Circle
Inspectors, etc., in his sub-division.
(3) Forest settlement work.
(4) Grant of tagai loans.
Each Prant Officer is assisted in his work by a
Shirastedar and above five clerks.
Mamlatdars and Mahalkaris.
The Mamlatdars (and
Mahalkaris).-The Mamlatdar is the officer in executive
charge of a taluka and the Mahalkari has the executive charge of a
mahal. There is a sub-treasury in every taluka or mahal, and there
is practically no difference of kind between the functions and
duties of a Mamlatdar and those of a Mahalkari. Each taluka or mahal
has on the average two or three head clerks (or aval
karkuns), 15 or 18 clerks, 60 talathis, two Circle
Officers and two Circle Inspectors.. The duties of Mamlatdars and
Mahalkaris fall under various heads. [Whatever is said of the
Mamlatdar in the following paragraphs applies also to the
Mahalkari.]
(1) Revenue.-The Mamlatdar's revenue duties
are to prepare the ground work for the Prant Officer and the
Collector to pass their orders upon. When these orders are passed he
has to execute them.
In regard to the annual demand of land revenue he
has to get ready all the statements necessary for what is called the
making of the jamabandi of the talukas. The jamabandi
is partly an audit of the previous year's accounts and partly an
inspection of the accounts of the current year. The demand for fixed
agricultural revenue is settled, but there are remissions and
suspensions to be calculated upon that fixed demand in lean years.
Remissions and suspensions are given in accordance with the crop
annewaris (anevaris), with the determination of which
the Mamlatdar is most intimately concerned. To the demand of fixed
revenue is added the amount of non agricultural assessment and of
fluctuating land revenue, such as that arising from the sale of
trees, stone or sand, fixed when individuals apply for them.
The brunt of the work of collection also lies on the
Mamlatdar. He can issue notices under section 152, Land Revenue
Code, inflict fines for delay in payment under section 148, Land
Revenue Code, distrain and sell movable property, and issue notices
of forfeiture of the land, though he has to take the Prant Officer's
or the Collector's orders for actual forfeiture.
He has to collect, in addition to land revenue,
tagai loans, pot hissa measurement fees, boundary
marks, advances and irrigation revenue, the dues of other
departments like Sales Tax, Income Tax and Forest when there is
default in their payment, at the request of these departments to
recover the dues as an arrear of land revenue.
It is also his duty to see that there is no breach
of any of the conditions under which inams are held and,
whenever there is any breach, to bring it to the notice of the
Collector through the Prant Officer.
He has to make enquiries and get ready the material
on which the Prant Officer has to pass his own orders under the
Bombay Hereditary Offices Act (III of 1874). He can himself pass
order as to the appointment, remuneration, period of service,
suspension and fining of inferior village servants, the grant of
leave of absence to them and the like.
Applications for grant of tagai are generally
received by the Mamlatdar, who has to get enquiries made by the
Circle Officer and Circle Inspector, see the sites for the
improvement of which tagai is sought, ascertain whether the
security offered is sufficient, determine what instalments for
repayment would be suitable etc. He can grant tagai up to Rs.
1,000 and Rs. 200 under the Land Improvement Loans Act and
Agricultural Loans Act respectively. A Mamlatdar who has been
specially empowered can grant tagai up to Rs. 2,500 and Rs.
500 under the Land Improvement Loans Act and the Agricultural Loans
Act respectively. In other cases he has to obtain orders from the
Prant Officer or the Collector.
The Mamlatdar's duties regarding tagai do not
end with the giving of it; he has to see that it is properly
utilised, inspect the works undertaken by its means, watch the
payment, and make recoveries from defaulters. The Mamlatdar is
primarily responsible for the administration of the Bombay Tenancy
and Agricultural Lands Act (LXVII of 1948) within the area of his
charge. His powers under the Act have been delegated to the Aval
Karkuns.
(2) Quasi-Judicial.-The quasi-judicial duties
which the Mamlatdar performs include-
(i) inquiries and orders under the
Mamlatdars' Courts Act (II of 1906);
(ii) the execution of civil court decrees;
(iii) the disposal of applications from
superior holders for assistance in recovering land revenue from
inferior holders; and
(iv) enquiry in respect of disputed cases in
connection with the record of rights in each village. The last two
are summary enquiries under the Land Revenue Code.
(3) Magisterial.-Every Mamlatdar is
ex-officio the Taluka Magistrate of his taluka. As Taluka
Magistrate, First Class, he has the following other powers under the
Criminal Procedure Code:-
(i) Power to command unlawful assembly to
disperse (section 127).
(ii) Power to use civil force to disperse
unlawful assembly (section 128).
(iii) Power to require military force to be
used to disperse unlawful assembly (section 130).
(iv) Power to apply to District Magistrate to
issue commission for examination of witness (section 506).
(v) Power to recover penalty on forfeited
bond (section 514) and to require fresh security (section 514-A).
(vi) Power to make order as to disposal of
property regarding which an offence is committed (section 517).
(vii) Power to sell property of a suspected
character (section 525).
If authorised by the State Government or the
District Magistrate, the Taluka Magistrate may exercise the
following among other powers: -
(1) Power to make orders prohibiting repetitions of
nuisances (section 143).
(2) Power to make orders calculated to prevent
apprehended danger to public peace (section 144).
(3) Power to hold inquests (section 174).
The Mamlatdar is also in charge of the management of
the sub-jail. He has to keep the District Magistrate and the
Sub-Divisional Magistrate informed of all criminal activities in his
charge, taking steps incidental to the maintenance of law and order
in his charge. In a case of serious disturbance of public peace the
Mamlatdar carries great responsibility, for, as the senior executive
magistrate on the spot, he must issue orders and carry on till his
superiors arrive.
(4) Treasury and Accounts.-As
Sub-Treasury Officer the Mamlatdar is in charge of the taluka
treasury, which is called " sub-treasury " in relation to the
District Treasury. Into this treasury all money due to Government in
the taluka-land revenue, forest, public works and other receipts-are
paid and from it nearly the whole of the money expended for
Government in the taluka is secured. The sub-post offices in the
taluka receive their cash for postal transactions from the
sub-treasury and remit their receipts to it. The Sub-Treasury
Officer pays departmental officers on cash orders or demand drafts
issued by Treasury Officers and on cheques, except where certain
departments are allowed to present bills direct at the sub-Treasury.
The Sub-Treasury Officer also issues Government and bank drafts.
When the Mamlatdar is away from his headquarters,
the Treasury Head Karkun is ex-officio in charge of the
Sub-Treasury and of the account business, and he is held personally
responsible for it. During the Mamlatdar's presence he is authorised
to sign receipts irrespective of the amount.
The Taluka Sub-Treasury is also the local depot for
stamps general, court-fee and postal-of all denominations and for
the stock of opium held there for sale to permit holders. A few
sub-treasuries have been specially authorized to discontinue the
maintenance of a stock of postal stamps. In such cases, the sub-post
office at the taluka headquarters is supplied with postal stamps
from the post offices at the district headquarters.
A currency chest is maintained at almost all
sub-treasuries in which surplus cash balances are deposited. From it
withdrawals are made to replenish sub-treasury balances whenever
necessary. Sub-treasuries are treated as agencies of the Reserve
Bank for remittance of funds.
The Mamlatdar has to verify the balance in the
Sub-Treasury, including those of stamps and opium, on the closing
day of each month, which for the convenience of the District
Treasury is fixed on the 25th of all months, except February, when
it is the 23rd, and March, When it is the 31st, the latter being the
closing day of the financial year. The report of the verification,
together with the monthly returns of receipts under different heads,
has to be submitted by the Mamlatdar to the Treasury Officer at
Kolhapur. The Sub-treasuries are annually inspected by either the
Collector or the Prant Officer.
(5) Other Administrative
Duties.-The Mamlatdar's main duty lies towards the Collector
and the Prant Officer whom he must implicitly obey and keep
Constantly informed of all political happenings, outbreaks of
epidemics and other matters affecting the well-being of the people,
such as serious mal-administration in any department or any hitch in
the working of the administrative machine, due, for instance, to
subordinate officers of different departments being at loggerheads.
He must help officers of all departments in the
execution of their respective duties in so far as his taluka is
concerned. In fact, he is at the service of all of them and is also
the connecting link between the officers and the public whom they
are all meant to serve. This is particularly so in departments which
have not a local taluka officer of their own. The Mamlatdar is also
responsible for the cattle census, which really comes under the
purview of the Agricultural Department. The Co-operative Department
expects the Mamlatdar to propagate co-operative principles in his
taluka. He has to execute the awards and decrees of societies in the
taluka, unless there is a special officer appointed for the purpose.
He has to take prompt action in respect of epidemics and to render
to the Assistant Director of Public Health and his assistants every
help in preventing outbreaks of epidemic diseases and suppressing
them when they occur.
Under executive orders the Mamlatdar has to provide
the Military Department with the necessary provisions and
conveyances when any detachment marches through the taluka.
The Mamlatdar's position in relation to other taluka
officers, e.g., the sub-inspector of police, the sub-registrar, the
range forest officer, the sub-assistant surgeon and the prohibition
official is not well defined. They are not subordinate to him except
perhaps in a very limited sense but are grouped round him and are
expected to help and co-operate with him in their spheres.
Though the Mamlatdar is not expected to work
directly for local self-government bodies, he is usually the
principal source of the Collector's information about them. He is
responsible for the administration of his taluka just as the
Collector is responsible for the district.
He is ex-officio Vice-Chairman of the Taluka
Development Board, which acts as the agency of the District
Development Board in the taluka in all matters pertaining to
agricultural and rural development, and especially in regard to the
" grow more food" campaign. The other members of the board are the
Agricultural Assistant stationed at the taluka, the Forest Range
Officer, the Assistant District Co-operative Officer stationed at
the taluka headquarters, and the Veterinary Assistant. The Collector
nominates as members, with the approval of Government, three
non-officials known to take active interest in the " grow more food"
campaign in the taluka.
In relation to the public well-being, the Mamlatdar
is the local representative of Government and performs generally the
same functions as the Collector, but on a lower plane.
Circle Officers and Circle Inspectors.
Circle Officers and
Circle Inspectors.-In order to assist the Mamlatdar in
exercising proper supervision over the village officers and village
servants and to make local enquiries of every kind promptly, Circle
Officer in the grade of Aval Karkuns and Circle Inspectors in the
grade of Karkuns are appointed. The Circle Officer certifies entries
in the record of rights, and thus relieves the Mamlatdar of a good
deal of routine work. There are from 30 to 50 villages in charge of
a Circle Officer or Circle Inspector. These officers form a link
between the Mamlatdar and the village officers. There are generally
two Circle Officers and one Circle Inspector in each taluka. Their
duties relate to:―
(i) boundary mark inspection, inspection of
crops including their annewari, the inspection of tagai works
and detection of illegal occupation of land;
(ii) preparation of agricultural and other
statistical returns, viz., crop statistics, cattle census, and water
supply;
(iii) supervision of the village officers in
the preparation and maintenance of the record of rights, the
mutation register and the tenancy register;
(iv) examination of rayats' receipt books and
supervision of the revenue collection; and
(v) such other miscellaneous work as the
Mamlatdar may from time to time entrust them with, e.g., enquiry
into any alleged encroachments.
Patil.
The Patil (Headman).-The Patil
is the principal official in a village. The duties of the Patil fall
under the following heads: -
(i) revenue;
(ii) quasi-magisterial;
(iii) administrative.
His revenue duties are: -
(i) in conjunction with the talathi (or
village accountant) to collect the revenue due to Government from
the rayats;
(ii) to detect encroachments on Government
land and protect trees and other property of Government;
(iii) to execute the orders received from the
taluka office in connection with recovery of revenue and other
matters;
(iv) to get the talathi to maintain properly
the record of rights and village accounts and to get him to submit
the periodical returns punctually; and
(v) to render assistance to high officials
visiting the village for inspection work and other purposes.
There are quasi-magisterial functions appertaining
to the police patil. In a majority of villages the same person is
both the police and the revenue patil. The police patil is
responsible for the writing up of the birth and death register and
for the care of unclaimed property found in the village. Several
duties have been imposed on the police patil by the Bombay
Village Police Act (VIII of 1867). The village police is under his
charge, and he has authority to require all village servants to aid
him in performing the duties entrusted to him. He has to dispose of
the village establishment so as to afford the utmost possible
security against robbery, breach of the peace and acts injurious to
the public and to the village community. It is the police patil's
duty to furnish the taluka magistrate with any returns or
information called for and keep him constantly informed as to the
state of crime and the health and general condition of the community
in his village. He has to afford police officers every assistance in
his power when called upon by them for assistance. Further, he has
to obey and execute all orders and warrants issued to him by an
executive magistrate or a police officer; collect and communicate to
the district police intelligence affecting the public peace; prevent
within the limits of his village the commission of offences and
public nuisances; and detect and bring offenders therein to justice.
If a crime is committed within the limits of the village and the
perpetrator of the crime escapes or is not known, he has to forward
immediate information to the police officer in charge of the police
station within the limits of which his village is situated, and
himself proceed to investigate the matter and obtain all procurable
evidence and forward it to the police officer. If any unnatural or
sudden death occurs, or any corpse is found, the police patil is
bound to assemble an inquest, to be composed of two or more
intelligent persons belonging to the village or neighbourhood. The
report of the inquest has then to be forwarded by him to the police
officer. He has also to apprehend any person in the village whom he
has reason to believe has committed any serious offence and send
him, together with all articles to be useful in evidence, to the
police officer.
As regards the patil's administrative duties, he is
expected to look to the sanitation and public health of the village.
He must also report promptly the outbreak of any epidemic disease to
the taluka office. He is expected to render every assistance to
travellers, provided payment is duly tendered.
Talathi.
The Talathi (village
accountant).-The office of village accountant used
generally to be held by hereditary kulkarnis. From 1914
onwards hereditary kulkarnis were allowed, subject to certain
conditions, to commute the right of service attached to the
kulkarni watan. In the Poona district, almost all the
kulkarni watans were coramuted and stipendiary
talathis were substituted. With effect from 1st May 1951, all
kulkarni watans along with the right of service were
abolished by the Bombay Pargana and Kulkarni Watans Abolition Act
(LX of 1950). If the villages are small one talathi is appointed for
two or more villages, which are called his charge or saza. The
talathi receives a monthly salary. His main duties are:-
(i) to maintain the village accounts relating
to demand, collection and arrears of land revenue, etc., the record
of rights and all other village forms prescribed by Government;
(ii) to inspect crops and boundary marks and
prepare agricultural statistics and levy lists; and
(iii) to help the patil in the collection of
land revenue, write the combined day and receipt books and other
accounts and do other clerical work, including that of the police
patil when the latter is illiterate.
Village Servants.
Village Servants.-In addition to the
village officers mentioned above, there are some hereditary village
servants. They are of two kinds (i) those useful to Government, and
(ii) those useful to the community.
The village servants useful to Government are the
Mahars and the Ramosh's (Ramosis). They
are remunerated by watans, which take the form of grants of
land either entirely free of assessment or subject to an annual
reduced assessment (called mamul judi) or cash payment
from the Government treasury, or both. The Mahars help the
village patil and the talathi in the collection of revenue and do
all duties in connection with village administration. They attend on
the Mamlatdar and other higher officers when they visit the village.
The Ramosis watch the movements of criminals and help the
village patil in the discharge of his duties connected with the
police administration.
The village servants useful to the community are
known as balutedars. At the time of the old Maratha rule
there were twelve of them called Bara Balutedars. Some
of them have either disappeared or are in the process of
disappearing from village economy, but others are still in existence
with their usefulness reduced owing to modern conditions of life.
Under the baluta system, the balutedars have certain
rights and privileges at ceremonies, etc. Their services are
remunerated by the cultivators in the shape of an annual payment in
sheaves of corn and a few seers of other grain grown in the field,
such as wheat, hulga, gram, tur, groundnut, etc. For
special services rendered on ceremonial occasions payments are made
in cash, corn or clothes. Sometimes food is given. The big
cultivators who have occasion to indent on their services more
frequently than the small cultivators make larger payments.
The balutedars whose services are still in
demand in villages are the carpenter (sutar), the
barber (nhavi), the idol-dresser
(gurav), the water-carrier (koli), the
shoe-maker (chambhar), the watchman
(mahar), the blacksmith (lohar), the
washerman (parit), the potter (kumbhar),
and the rope-maker (mang). There has been a tendency
among them to leave the villages and seek their livelihood in cities
and towns. The silversmith (potdar) as a balutedar has
entirely disappeared. The village astrologer (gram
joshi) is employed at the sweet will of the cultivators. All
the religious ceremonies of the cultivators and allied classes are
done through the gram joshi, for which he is given
cash payment called " daksina". Some religious-minded
cultivators give him some quantity of corn and other presents in
kind.
The Mulla functions at the religious and other
ceremonies of Muslims. He also kills the sheep and goats, for which
he receives some mutton.
The barber, as a balutedar, does many duties
not connected with his profession. At the time of a marriage
ceremony, when the bridgroom goes to the temple to pray, he holds
his horse and receives a turban as present. At village festivals or
marriage ceremonies he sometimes acts as a cook. He also serves food
and water to the guests on such ceremonies. It is his privilege to
act as a messenger at marriage ceremonies and call the invitees for
the function. He does massage to persons of distinction at the
village. He plays on the pipe and tambour at weddings and on other
festive occasions.
The water-carrier not only supplies water to the
villages but also keeps watch during floods in the case of villages
situated on river banks. He is also useful to the villagers to take
them across the river with the help of a sangad (floats
joined together).
There are several Mahars in a village. The
cultivators select one of the Mahars for their services, whom
they call "Ghar Mahar ". He is expected to
clean the open space near the houses of the cultivators and also
their stables. Occasionally he furnishes them with firewood. It is
the right of Mahars to take charge of dead animals and sell their
hide to the shoe-maker.
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