Chapter Land Revenue Code
Chapter Land Revenue Code
Chapter Land Revenue Code
Chapter-6
IN MAHARASHTRA STATE
Revenue and
Forest Department
A
Deputy
Director of
Director of Stamps and
Registration
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Commissioner
A
* - • - . . . .
Land Record
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S J£t
Sub Division
~~* Officer
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City Survey
Office
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p ^ V^
Village Village Village
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Orders, guidelines,
control, supervision t Information,
reports, proposals
, Reconciliation,
V coordination, aggrement
356
having 1 to 8 villages. There are 35 districts, 359 talukas and 44549 villages3.
Organization of the system is exhibited as a chart 1.
District collector who heads the district has to ensure prompt action in
revenue matter like correct computation of revenue, declaration of land
revenue rates, review of agricultural conditions, formation of urban, rural and
survey areas, provide supervision over economic and developmental
activities, organization of relief operations and employment guarantee
schemes. Collector like commissioner has to perform functions under several
other acts like Zilla Parishad, Panchayat Samiti, Municipal Council and Civil
procedure code. He has to organise the conduction of elections and has to
prepare development plans for the district. In his office there is one Additional
Collector, 10 or more Deputy Collectors and one Internal audit wing. Regular
establishment is often supplemented by additional establishments for land
acquisition, tenancy law, consolidation of holdings, and civil supplies.
Registration Department;
Registration Department is for registration of documents under
Registration Act in respect of all transactions of which land transactions form
a sizable portion. The settlement commissioner and Director of Land Records
is also the Inspector General of Registration. At district level Collector is the
ex-officio District Registrar and there is also a Joint District Registrar. At
Taluka level there is Sub-Registrar who maintain copies of every document
registered with them. Registered sale deeds provide the information of
transfer of interest in land for effecting changes in Record of rights. Monthly
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Tribunals:
Maharashtra Revenue Tribunal established under Maharashtra
Land Revenue Code hear appeals against the orders of Revenue Officers
relating to land revenue matter, tenancy, abolition of inams, vatans and
related matters. There are benches at Bombay, Pune, Aurangabad, Nagpur
and Kolhapur. It has the power of a Civil Court. There are also two Tribunals
i.e. Surplus Land Determination Tribunal and Land Distribution Tribunal at
Tahsil level established under ceiling on Holdings Act. 1961.
Rights in Land
Persons can hold the land from government a s occupants and
occupancy right is due to lawful possession actually or as can be established
by law. There are two categories of occupant that is occupant class I, which
can transfer their occupancies without any restrictions and occupant class II,
which do not have such rights and occupancy is restricted by conditions
attached with it. In Vidarbha region restricted rights could be converted to
unrestricted rights after paying six times the land revenue amount.
Occupant has the right to use the land in perpetuity for agriculture
purpose, to improve it and construct farmhouses for betterment of cultivation.
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Grant of Land
Grant could be for play grounds, gymnasium for 15 years or for non-
agricultural purposes for 5 years as temporary leases, for 15 to 30 years as
permanent leases or long term leases not exceeding 99 years to charitable
and educational institutions or other bodies and people. Yearly licenses are
issued for aerial projection, flight of footsteps, balconies, waste discharge,
lying of water mains, erection of poles, towers and advertisement boards.
Earlier land grants made under the provisions of earlier land revenue
code could remain continued upto the period contemplated in grand order
and upto conformity to the terms and conditions attached with them. After
such period or on breach of terms and conditions it get reverted to
government and fresh agreement could be entered a s per the provision of
present code.
Encroachment
Occupancy rights could also be granted to persons making
encroachments on government land on conditions like payment of
assessment for the entire period of encroachment, penal occupancy price
and penal assessment. This is in consideration of heavy damage,
inconvenience and hardship that is likely to cause due to demolition of
unauthorised structure. But it is subjected to written consent to be given by
encroacher that it could be abolished without compensation in public interest
and could have additional condition to pay to government 50 percent of cost
of construction or 40 times the assessment.
Exemptions
Exemptions from payment of land revenue is allowed for certain land
called as Devasthan Inams a s separate category to be watched under
separate register called as alienation register. Other exemption provided is
for pardi and wada land that is agricultural land around agriculturist residence
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and for small pieces of land used for residence in old gaothan that is old
village site. No other exemptions are permitted except with express
agreement or contract by order of the government. Such exemptions lapses
when it does not conform with terms and conditions governing such
exemptions. With these provisions all earlier exemptions are withdrawn.
Alienation:
Categories of land for which certain privileges like quit rent called a s
Watan or Manpan where land revenue assessment was assigned in whole or
in part to the person were called a s alienated land (section 1 of BLRC 1928).
There were also land grants on favourable terms i.e. partial or no revenue,
which were the leases that could also fall under categories of A tenure
(section 55[1][1] of BLRC 1928). These land could not be used for raising
income even though income may be dedicated to bonafied purposes. There
were express provision under section 49 and 50 of BLRC 1928 by which
assessment could be levied on such land. No limit on enhancement on
assessment could be applicable (clause 6 of section 93 of BLRC 1928) as
could be interpreted under section 100. Ordinarily land was assessed and
then orders of remissions were passed. Such grants if left unassessed could
be assessed or resumed on breach of conditions attached with the grant
depending on the circumstances of the case, [section 50(3) BLRC 1928].
Leases not expired before 1928 were excluded from revenue survey under
section 84 of the code could be assessed under section 51 of BLRC 19288.
When Madhya Pradesh Land Revenue Code 1954 became applicable some
of the alienations were included under category of Bhumidhari a s lessees
[section 147 MPLRC 1954] and under MLRC all alienations were abolished
except by specific orders of the government to be monitored by maintaining
separate Alienation Register. These were treated under occupant class II
rights.
Lease Right:
of period and if has to be used for the purpose for which it were given. Where
as survey occupancy is not limited by period. Leases have to pay land
revenue denoted as lease rent, ground rent, occupancy price. It is for stated
period and purpose that is use right and not the proprietary rights of land.
(Notification UNF 1567 of 1971 and 1972). These were for government land
granted under provisions included in local rules, Book circulars, orders,
crown grant act and Bombay Central Provinces and of India government
Acts. It were to participate in rise in the value of land by granting temporary
occupancies for definite period and purpose subjected to strict regulation and
by holding auction sale on free hold value that is market value. Half of it was
taken a s premium and other half was spread a s annual installment with rent
at the (interest) rate of 6.5 percent of premium, which represented one anna
in a rupee for similarity to customary 1/16th share in the produce a s land
revenue. But the income derived was not considered full and fair because of
restrictions attached with it and were included in category of alienation. It was
to be revised for full assessment gradually and after restoration of
assessment it was to be transferred from alienation to revenue paying
category of leases. Conditions of use had prescribed common frontage,
layout with space for sanitation, access and nistar (hygiene), plinth of limited
cost and construction as per sanctioned plan easy to be removed. Period of
occupancy was definite as 20, 50 or 100 years or permanent that is period of
original settlement, or perpetual or perpetuity that is span of generation taken
as 30 years with right to renewal if found to be qualified for it. These lands
could not be transferred without permission of the government, which could
be granted rarely on receipt of 3/4 of the unearned income and even after
such permitted transfer it could not be used for purpose other than the
purpose for which it was initially granted9.
up to 33 percent of the market value of the land. Book circular X-12 of 1912
has brought occupancies of land grant and leases under leasehold right and
prescribed separate register to monitor leases, because in past, laxity has
resulted in construction of permanent structures with considerable loss to
government. It laid down that if terms and conditions attached to leases were
violated then leases were not to be renewed even though it may mean
considerable hardship to the lessee. It was not to part with advantage to
participate in increased price of land without disposing occupancy right11.
These lands came to be designated a s Nazul land by Book circular X-12 of
1912 based on Central Province Circular VI-1.
Settlement
Settlement is a comprehensive operation in which each parcel of land
is subjected to measurement and classification by survey and to investigation
of land rights by enquiry to assess it for land revenue. It is concluded for land
rights and its revenue with each individual occupant and is called a s
rayatwari settlement.
Survey
Survey is for constituting permanent unit by dividing village land into
areas of reasonable sizes to decide easily identified location, area and use of
each parcel of land. It is technically called as Theodolite and cadastral
survey. It is based on principle of drawing lines of known length related by
known angles. One or more main lines called a s baselines are drawn across
the area and skeletal map is prepared. Subsidiary lines called a s traverse
lines are drawn by taking angles between conspicuous points within the area
to be mapped and stations of great trigometrical survey of India. It is followed
by detailed measurement of divisions and subdivisions of survey number and
land excluded from survey number such a s rivers, roads, and forest to plot
them into village map by scale. Survey of land included in site of town, cities
and villages of 2000 population is called a s city survey and is mostly for land
used for non-agricultural purpose. The accuracy of work mostly depends on
the care exercised by survey supervisory staff in recording the angle of
closed triangle or rectangle. Unit of measurement is made to correspond with
tenure and use called a s survey tenure and is fixed by erecting boundary
marks. All measurements are recorded in map showing survey number for
agricultural use, its subdivision and areas other than agricultural use and it
constitute the survey record. It provides the data to enquiry officer for
verification of occupants, their rights in land, and its uses for deciding land
revenue13.
Enquiry
Enquiry is to determine title to land to be confirmed and to decide what
land belongs to government, local bodies or individuals and whether liable to
pay revenue or not. Private parties as well as municipalities, government
organs and government has to prove their claims to the land. Government
has to exercise precaution for land under public use, vested in local bodies
and under street to guard it against misuse and consequently losing rights to
it. Street is a way or means of access accessible to the public even if it has
gates and is between houses built on private land. It remains under Municipal
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Record
Map with survey numbers and its subdivision acts a s statement of
area and record of rights. This usually indicate total land of the village, city or
town and its types like land under agriculture I cultivation, not under cultivation
due to bad quality of soil called a s potkharaD A, due to water courses, nallah
or natural features called as potkharab B, due to special uses like roads,
gardens, reserve land for ground, cremation or other purposes, government
unoccupied land, open spaces, vested land, land grants from government
and land under non agricultural uses a s per its different uses. This forms the
survey record. The statement of assessment indicates names of holders,
occupancies, government lessee, extent of respective interests, terms and
conditions, liabilities of land revenue, rent and cesses. This constitutes the
revenue record15.
Classification
Agricultural land is classified with reference to land divided into groups
on consideration of physical configuration of soil, climate and rainfall. It also
takes into consideration yield and prices of principal crops of thirty years
along with standard of husbandry, population, supply of labour, agricultural
resources, and variations in the area of occupied and cultivated lands.
Factors like wages, ordinary expenses of cultivating principle crops, distance
and location of markets, facilities of transportation are also taken into
account.
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Upgradation of Classification
For review of existing classification of villages and urban areas
economic activities, communication and market facilities, non-agricultural
activities and other development in and around villages is observed for their
upgradation. It is for class II to class I villages, rural to urban area, municipal
to corporation area and for extension of city, town or village sites to which city
survey becomes applicable. Similarly it is to introduce city survey in villages
having 2000 population.
Land Revenue
Rates of agricultural assessment are for each hector of land a s per
soil classification. However agricultural land revenue rates are being
continued each year without change. The classification recorded is not
subjected to change unless it is proved to have significant impact on rates.
Non-agricultural rates for non urban villages both in class I and class II
have been fixed as two paise and one paise per square meter respectively
and is not subjected to periodical revision. In urban area rates are published
as standard rate i.e. same rate applicable for a given area or block. It varies
from city to city and one area to another within the same city. These standard
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rates remains in force till revised and are subjected to periodical revision after
5 years. Earlier this period was 10 and 15years.
village, taluka and district level. First the survey record is corrected to
incorporate the changes that might have occurred and then on the basis of
plus minus memo issued by survey staff revenue record is corrected.
Concerned staff signs the record after reconciliation of their survey and
revenue record and Tahsildar verifies it before putting his signature to
indicate its correctness. Thus the revenue record or account are not strictly
financial but embraces and indicates the task performance of both survey
and revenue organisation17.
areas under different uses and its respective revenue, (ii) demand per
occupant, (iii) accounts of recoveries and (iv) statistical information.
All these register indicated land under various permitted uses and its
revenue called as fixed revenue. Other items of revenue due to imposition of
fines, penalties, late fees, non-agricultural use for less than 5 years is noted
in village form IV or Register of Miscellaneous land revenue. This register
accounts for major part of revenue called as fluctuating revenue as it
indicates cases under action and every entry of it requires verification.
Accounts of Recoveries:
Patrak or Tharavband). It has columns for account number, area, arrears and
current years demand. The total demand of fixed and fluctuating revenue,
Z.P. and Panchayat Samiti cesses, and other dues per occupants is recorded
in village form Vlll-B or as balance sheet (demand, recoveries, arrears by
khatas and for village). From this register correctness of other register can be
verified. Similar account of items other than land revenue like irrigation dues,
fees and taxes to be recovered a s land revenue is recorded in village form
Vlll-C. Accounts of recoveries are maintained in cash register or village form
Vlll-D. As soon a s recovery is made receipt is given in village form IX.
Accounts of receipt book are maintained in village form X.
Statistical Information:
The fourth set of accounts consists of four registers and miscellaneous
files to give summary of crops, irrigations, trees, cattle population, agricultural
implements, sources of water supply and similar information.
Jamabandi
Jamabandi literally mean fixing of demand. In days when there was no
survey the demand was fixed by collector a s Jamabandi. It was most
important event keenly interested by every cultivator. Rayat would refuse to
pay anything until first a formal Jamabandi had taken place and made
themselves heard. Now Land Revenue is settled by the survey department
based on fixed demand by individual orders and the process in part is a sort
of audit of last year's accounts and updation of the current account and partly
a test of the work of the village officers.
DISCUSSION
and the people generating useful first hand information about quality of
human resource, classification of land and needs of the people. In
democratic set up it could churn out the appropriate government responses
assuring prosperity to the people. However no fresh settlement as
exhaustive operation has been instituted under the present system. Not
availing such opportunity could be the major disjunction between government
activities and needs of the people. This could be important in view of the fact
that settlement is the dominant features around which land revenue system is
organized a s rayatwari system. It could influence all other aspect of the
system, like rights in land, administrative organization and management of
the system.
which he has to sent information, reports and proposals. After scrutiny and
remarks of graded hierarchical officials it is submitted to competent authority
for sanctions, order or the guidance. It when received through graded
hierarchy is followed in practice. Higher ups in the ladder could tend to
believe that information or proposal received is from ground level, which has
with them all relevant data. Lower official could think that they have sent
what ever they found correct and what could be easily acceptable to the
competent authority. The premise could be that it is upto the higher officials
to scrutinize and assess the situation on the basic of superiority of
information and knowledge. Such attitude could become convenience to
both higher as well a s lower officials who are hard pressed under the burden
of the regular work and other activities of the government. It tends to
generate deviations between reality and matter under consideration. It could
be extremely difficult to locate it in huge volume^work particularly due to
I*
changes occurring at great speed adding into large number of land parcels,
its uses or transfers. Effect of such centricity could generate remoteness from
ground realities having repercussions in non awareness, delay and non
appreciation of actual problem. It could easily foster divergence between
norms on paper and in reality that is what is preached and practiced. Such
non-applicability of land norms could indicate no honour to laws of the land,
absence of effective ruling power and erosion of state power.
Important thing is that the system does not reflect the concern
for varied resources of the land. The focus of the design of the system is
oriented towards assessment of land revenue, its collection and accounting.
It does not exhibit the concern for the varied effect of the system on
economy, polity and the society. It has hampered the ability of tha system to
anchor other activities of the government and role of the land revenue
organisation a s the forerunner of the government organisation and its
activities. Moreover emphasis on assessment and collection of land revenue
could generate only 1 percent of the tax revenue of the government. Inability
of L.R.S. to generate more revenue and above mentioned lacunas could
result in neglection of working of the land revenue system.
References