District Administration in India
The Collector and Land Administration
C.K.Koshy IAS (Retd)
Importance of Land Administration Land is the sine qua non for any human
activity. Essential to any Planner. Town and Country Planning-Land Use Planning a must for orderly growth and development Relation between individual and land most fundamental, primeval and sacred relationship
Role of Collector in Government Collector’s role in the Executive arm of
Government in the State. Collector’s position under Constitution. Division of Country into administrative units. State-Division-Districts-Subdivisions-TehsilsCircles-Villages Collector as the representative of Govt. at District level. Collector-The cutting edge of Line Function
Administrative Units State Division
Division
Division
District Sub-Division Tehsil/Taluka Circle Village
Collector as Controller of Land Custodian of Land Records under the
Bombay Land Revenue Code Head of the Land Acquisition machinery In non-Panchayat areas, accords
permission for Non Agricultural use of land.
Survey of India Oldest Scientific Department of the Govt. of
India. Set up in 1767. Nation’s principal mapping agency. Best “geodetic’ control series in the world. Achieved unique task of surveying a
subcontinent.
Cadastral Survey Derived from Latin “Cadastre” meaning
registry of land.
Definition: Survey to determine and define
land ownership and boundaries”
Importance of Revenue Records Defines and determines ownership of
land, tenancies, heir ships, titles. Defines crops grown Defines Public spaces: roads, grazing grounds, nallahs, forests Essential for land use planning
The Village Records The Village: Fundamental unit of administration. Talati: The custodian of village land records The fundamental building block of British Empire. “The Manual of Revenue Accounts of the Village, Taluka and Districts of Gujarat State” by F.G.Hartnell Anderson M.A. ICS (1st Jan 1929)
Evolution of Village Forms 1825 onwards 1895: 42 Forms reduced to 34 Village
Forms. Further Reduced to 18 Village Forms
18 Village Forms
VF 1: Aakar bandh. List of all lands in the village. Survey numberwise, Area, occupancy roads, easement rights. VF 2: N.A and Special Uses Register. Maintained in 3 parts. 1. Lands outside S.nos. 2. Land in temporary NA use. 3. Lands granted revenue free for special use. VF 3: Register of Inami Land. Land given by Govt for various purposes. Total of seven (now six) uses. Eg. Devastan Lands. VF 4: Miscellaneous Revenue. Levies for use of land for less than five years. VF 5: General Abstract of Area and Revenue. (Tharavbund) Total ‘demand’ of Land Revenue of village
18 Village Forms (Contd) VF 6: Record of Rights. Heirship,
Partition, Sale, Other rights. Any Changes: Notice under Section 135D is necessary. Has to be updated constantly.Duty of every citizen to reprt acquisition of rights. VF 7/12: Combination of VF 7 and 12.
VF VII-XII
Combination of VF VII ( Diary of Mutations) and VF XII ( Record of Crops and Tenancies)
Village Form VII-XII
VF VII:
1.
Popular name of field Survey number Area Type of occupancy Name of occupant Other Rights Area cultivable/fallow Pot Kharaba Levy
2. 3. 4. 5. 6. 7. 8. 9.
Village Form VII-XII
VF XII:
1.
Year Name of cultivator Season Type of crop and Area Source of Irrigation Details of trees
2. 3. 4. 5. 6.
18 Village Forms (Contd)
VF 8A: The Khatawahi. Holding Register, Khatawise.
Occupants name 2. Khata Number 3. Details of all survey nos. held. 4. Areas 5. Land Revenue All interlinked with VF 6 and XII-XII 1.
VF 8B:Total ‘demand’ of Land revenue, Khataderwise. (Entirely based on VF 8A)
18 Village Forms (Contd) VF 9: Receipt book of Collection of Govt. levies. To
be given to each Khatedar in lieu of money collected. VF 10: Register of Remittances to Taluka of Govt.
levies.To be maintained in three copies. 1. Taluka Treasury 2. Taluka Office 3.To be retained in the village.
18 Village Forms (Contd) VF 11: Arrears of Land revenue and Trial
Balance Sheet of village. VF 13: Tulwari. Total of all cropped land and fallow land and crops and areas. (Now generated by computer from appropriate columns of VF 12) VF 14: Register of Births and Deaths: Birth days important for all Govt. purposes. Also critical for heirship rights.
18 Village Forms (Contd) VF 15:Cattle Register VF 16: Sources of Water Supply
VF 17: Inward Outward Correspondence
VF 18:
Orders
List of Books, Manuals, Standing
The Bombay Land Revenue Code 1879 All lands belong to Government. A person is a “occupant” of land if he is in
legal possession of it. (“holder in actual possession of land…..”) Occupant can transfer the land or bequeath it. However under certain conditions, Govt. can prevent the transfer of land. (Section 69 of the BLR code 1879)
The Bombay Land Revenue Code 1879 Restrictions on transfer. For eg. Under
Section 73 AA A tribal is not permitted to transfer his land except with the prior permission of the collector. Under Section 69, all mines and Minerals
are the property of Govt.
The Bombay Land Revenue Code 1879 Section 37(1) of BLR Code 1879: All public
roads,lanes, paths,…lands, rivers, lakes, …..bed of the sea…which are not the property of individuals….Are….the property of Govt. Section 37(2) of BLR Code 1879: Resolution of disputes Sections 38, 39 & 39A: Protection of common property, eg Gaucher lands
Categorization of use of Land Agriculture Residence Industry Commerce Others. Eg. Schools, Hospitals etc.
Non Agricultural Permission Sections 65, 65A, 66 and 67 of BLR Code
1879: An occupant of agricultural land can use it only for agriculture. For any non-agricultural purpose, prior permission of Collector is required Collector to give his decision in three months. If no reply is forthcoming permission deemed to be given
Non Agricultural Permission Who can Apply: Only the occupant, NOT Developer. Authority: Collector for land within area of Nagarpalika Municipality, Notified Area, Cantonment area. DDO for land in rural areas under Zilla Panchayat. Time limit: reduced from 90 days to 45 days for residential purpose and 60 days for others
Non Agricultural Permission 1. 2. 3. 4.
Opinions to be sought from: Where Town Planning is final Title Clearance Executive Engineer LAQ Officer 4. Collector…… (a) ULC ACT (b) New/Old Tenure premium (c) Govt. dues. (d) For Petrol pumps etc. Explosives Act
Non Agricultural Permission Where Town Planning is not final:
Opinion of the following are compulsory: District Town Planner Executive Engineer( State and Panchayat) LAQ Officer City Survey Supdt. Industries Officer (Contd.)
Non Agricultural Permission District Magistrate District Health Officer Collector Civil Aviation Authorities Military Gujarat Electricity Board
Issues in Grant of NA Permission Corruption Time/Delay Alternate mechanisms?
Thank You