REVENUE OFFICERS

Synopsis

I. Introduction B. Magisterial Functions

II. Salient Features of the Maharashtra C. Quasi Judicial functions in

Land Revenue Code, 1966 revenue matters

III. Land Revenue Administration 3. Sub-Divisional Officer

IV. Revenue Divisions 4. Tahsildar

V. Revenue Officers 5. Circle Officer/Inspector

1. Commissioner 6. Talathi

2. Collector VI. Survey Officers [Short Note]

Appointment Powers and Duties of Survey

Officers
Powers and Duties
VII. Conclusion
A. Revenue Functions

Introduction (General Material, Common to All Answers under this Act)

Land provides basic necessities like food, clothing and shelter to human being. Land has always been
an important locus for the economic activity necessary for human life. Any developmental activity is
nearly impossible to conceive without taking land into consideration. The ability of land to provide
space for production is limited by its physical and locational properties. Unlike goods, which can be
moved around to where they are needed, land is immovable and cannot be physically passed by hand.

Before independence, land in India was owned by a few people. It was observed that social justice and
development of the country could not be achieved unless land is distributed among the peasants. On
the basis of this land reforms were initiated after independence. To fulfil objectives of land reform
Government enacted number of land reforms legislations. In Maharashtra, land revenue
administration is governed by Maharashtra Land Revenue Code, 1966 and development control is
regulated under Maharashtra Regional Town Planning Act, 1966. Besides these laws, provisions of
some other laws are also applicable in land transactions.

Salient Features of the Maharashtra Land Revenue Code, 1966 (General

Material, Common to All Answers under this Act)
The law relating to land and land revenue in the State of Maharashtra is codified and consolidated in
the Maharashtra Land Revenue Code, 1966. The Code consists of around 337 sections which are
divided into 16 Chapters and also contains 10 Schedules. The Code came into force w.e.f. 15th August
1967 and has regularly been amended since its enactment.

The Code makes provisions for the following

1. Appointment of Revenue Officers, their powers and duties

2. Grant, Use, Encroachment and Relinquishment of Land
3. Assessment and Settlement of Land Revenue of Agricultural as well as Non-Agricultural
Lands
4. Revenue Surveys
5. Fixation and Demarcation of Boundary and Boundary Marks
6. Land Records
7. Realisation of Land Revenue and Other Revenue Demands
8. Procedure of Revenue Officers
9. Appeals, Revision and Review; and
10. Constitution and composition Revenue Tribunal

The Code also contains certain special provisions for Land Revenue in the City of Bombay under
Chapter XIV (Sections 260 to 307).

Land Revenue Administration (General Material, Common to All Answers

under this Act)
The Bombay High Court in the case of Hari Contructions v. State of Maharashtra held that the
primary object of the MLRC is revenue administration i.e. to assess, charge and collect revenue which
includes, penalty on account of illegal extraction of minor minerals vested in State Government. For
the purposes of assessing, charging and collecting revenue, the Code provides for the appointment of
certain officials known as Revenue Officers who are in charge of certain revenue divisions.

Revenue Divisions
For the purpose of revenue administration the Government has divided State into revenue areas. The
State is divided into 6 divisions, 35 districts and 399 talukas. Each division is divided into districts for
administrative convenience. Each district may consist of one or more sub-divisions and each sub-
division may consist of 4 to 5 talukas. These talukas are further subdivided into revenue circles and
circles into revenue sazas. Sazas consist of a group of villages.

The 6 Administrative Divisions are Vidarbha (Nagpur Division), Vidarbha (Amravati Division),
Marathwada (Aurangabad Division), Konkan (Konkan Division), Khandesh (Nashik Division), and
Western Maharashtra (Pune Division).

In Pune region, following districts are included Pune, Satara, Sangli, Solapur, and Kolhapur.
Revenue Officers
Each revenue area is headed by a revenue officer who is in charge of the land revenue within his area
or of the surveys, assessment, accounts, or other connected matters. The Divisional Commissioner is
in charge of the Division. District administration is under control of Collector. Officer in charge of
Sub-Division is called Sub-Divisional Officer. Tahasildar is Chief Officer on Taluka level. The Circle
Inspector/Officer is the head of revenue circle and Saza is under charge of a Talathi. A village is
under the revenue administration of Kotwal. Thus the hierarchy is as follows

Revenue
Revenue Officer
Division

State State Government

Divisional
Divisions
Commissioner

Districts Collector

Sub-Division Sub-Divisional
Officer
Talukas Tahsildar
Circle Circle Officer
Saza Talathi
Village Kotwal

1. Commissioner
The Commissioner is appointed by the State Government in each Division. The Government may also
appoint in a division an Additional Commissioner and so many Assistant Commissioners as may be
expedient to assist the Commissioner. Furthermore the Government may also appoint the same officer
as Commissioner for two or more divisions.

According to section 5 of the MLRC, the Commissioner is the Chief controlling authority in all
matters connected with the land revenue in his division. However the powers of a Commissioner are
subject to the superintendence, direction and control of the State Government.

2. Collector
The Collector occupies a central place in the district administration. He is the head of the Revenue
administration in the district and acts as the coordinating officer among all the officers of the
Government in the district. He plays a pivotal role in the administration of the district.
Appointment

According to Section 7, the State Government shall appoint a Collector in each District. The
Government shall also appoint certain Additional and Assistant Collectors as may be required for any
purpose.

Powers and Duties

The Collector though responsible to the Divisional Commissioner has actually to run the district
administration and is not only the head of the revenue department but is expected to supervise the
working of the other departments so far as the needs and exigencies of the district administration are
concerned.

A. Revenue Functions

The Collector is the custodian of Government property in land (including trees and water)
wherever situated and at the same time is the guardian of the interests of public in land, so far as
the interests of Government in land are alienated to them.
The Collector is responsible for (i) assessment, (ii) collection and (iii) accounting of all land
revenues.
He is also responsible for maintenance of Record of Rights.
As per the Maharashtra Land Revenue Code, the powers of the Collector have already been
vested with the Sub-Divisional Officers. However the following powers under Maharashtra Land
Revenue Code, 1966, have been reserved with the Collector

Section Subject Matter

21 Extinction of rights of public in or over any public road, lane or path not
required for use of public.

22 Assignment of land in villages

44 Grant of non-agricultural permissions in all municipal arms of the district.

45 Imposing penalty for so using land without permission.

127 Levy of survey fees.

171and 172 Revenue management of villages or share of village.

187 Attachment and management alienation of village or estate.

The Collector is also responsible for collection of fees and taxes under various other Acts, such as
the Bombay Irrigation Act, the Indian Stamps Act, the Court Fee Act, the Bombay Entertainment
Duty Act etc.
 The Collector is in charge of the treasury and is personally responsible to Government for its
general administration, for the correctness of the treasury returns and for the safe custody of the
valuables which it contains.

B. Magisterial Functions

The Collector as a District Magistrate in charge of the district is required to maintain law and order in
the district and as a District Magistrate he has to take action under the various Acts noted below viz.,

1. Preventive Detention Act,

2. Criminal Procedure Code,
3. Bombay Police Act,
4. Indian Explosives Act and
5. Indian Arms Act.

The Collectors duties as the District Magistrate are mostly executive. He is the head of all executive
and Sub-Divisional Magistrates in the district. As a District Magistrate, he has the following powers:

1. To hear revisions from orders requiring security for keeping the peace or good behaviour
(Section 406 of Criminal Procedure Code);
2. To call for records from any subordinate executive magistrate (Section 435 of Criminal
Procedure Code);
3. To issue commission for examination of witnesses (Section 503 of Criminal Procedure Code)
and
4. To hear appeals from or revise orders passed by subordinate executive magistrates ( under
Section 514)

C. Quasi Judicial functions in revenue matters

Among the quasi-judicial functions of the Collector on the revenue side, the Collector is
empowered to hear appeals against the orders passed by the deputy Collectors under the MLRC.
Under the Mamlatdars Courts Act, the Collector is empowered to revise Mamlatdars Procedure
under Section 23 of the Act. He may call for and examine the record of any suit under this Act.
He can also delegate the powers conferred on him by this Section to any Deputy Collector
subordinate to him.
As regards the execution of civil court decrees, the Civil Court forwards to the Collector the
decrees pertaining to possession of land for execution. The Collector has to send such cases to the
District Inspector of Land Records for measurement after which action is taken as per the decrees
issued.
The Collector is the authority who has to start land acquisition proceedings.
3. Sub-Divisional Officer
Officer in charge of Sub-Division is called Sub-Divisional Officer or Dy. Collector or Asst. Collector.
In revenue matters he acts as a coordinator between Tahasildars of his Sub-Division and the District
Collector. The Sub-Divisional Officer is the first appellate authority in respect of revenue matters
handled by his subordinates.

The Sub Divisional Officer is also the Sub Divisional Magistrate having jurisdiction over his division.

The Sub-Divisional Officer is also the Returning Officer for Assembly constituencies and he is the
Asst. Returning Officer for the Parliamentary Constituency in his sub-division.

4. Tahsildar
Tahsil means Taluka. A Tahsildar is the chief officer entrusted with the local revenue administration
of the taluka. He was formerly known as the Mamlatdar. The Tahsildar is appointed by the State
Government. The State Government may also appoint Naib-Tahsildars and Additional Tahsildars in
a taluka to assist the Tahsildar.

Tahsildar has powers of co-ordination and distribution of work among Circle Revenue Officers,
The Tahsildars and Naib-Tahsildars are responsible for collection of land revenue and other dues
payable to the Government.
They remain in touch with the subordinate revenue staff.
They observe the seasonal conditions and condition of crops. They listen to the difficulties of the
cultivators.
The Tahasildar and Naib-Tahasildars extensively tour the areas in their jurisdiction.
They decide urgent matters on the spot, like correction of entries in the account books, providing
relief to the people faced with natural calamities, etc.
They also sit in the courts to settle disputes in connection with Land Reformation Acts, entries in
account books, etc.
Any application regarding land revenue is to be addressed to the Tahasildar.
Tahasildar takes decision on the application after due enquiry.

5. Circle Officer/Inspector
The Circle Officer is in charge of a Circle. He is appointed by the Collector. The Circle Officer and
the Circle Inspector in charge of a circle shall exercise such powers over the Talathi in his circle. The
duties and functions of Circle Inspector/Officer are specified in Maharashtra Land Revenue Circle
Officers and Circle Inspectors (Duties and Functions) Rules, 1970. The Rules inter alia provide that
the general duties of the Circle Officer/Inspector shall be as follows

i. Supervision of the revenue administration and the land records of every village in their
circles.
ii. inspect the works for which loans have been granted to the villagers under the Agriculturists
Loans Act, 1883, or the Land Improvement Loans Act.
iii. inquire into the collection of Government revenue.
iv. examine the diary of the Talathi, make remarks in the column provided for the purpose and
note them briefly in his own diary
v. inquire whether a tenant actually cultivating land is the same as entered in the Record of
Rights
vi. check whether any tenant has sub-divided or sub-let the land.

6. Talathi
While the collector is regarded as the pivot of the district administration, the Talathi is the
representative of Government at the village level. He has usually one to five villages in his charge.
His local knowledge is so extensive that there is hardly any information about the village and its
occupants of which he is not aware or of which he cannot make a guess. As such, he is viewed as the
eyes and ears of the Collector.

The duties of the Talathi includes field inspections, recording of crops, revision reports relating to
mutations, partitions, recovery of revenue or rents, and all amounts recoverable as arrears of land
revenue, preparations and maintenance of the Records of Rights.

He is also required to assist in providing relief to agriculturists in distress or in census operations.

It is also the duty of a Talathi to prepare, whenever called upon by any superior revenue or police
officer of the taluka or district to do so all writings connected with the concerns of a village which are
required either for the use of the Central or State Government or the public, such as notices, reports of
inquests, and depositions and examinations in criminal matters.

Survey Officers [Short Note]

For the purposes of carrying out revenue surveys (Chp. V), assessment and settlement of land revenue
(chp. VI), fixation and demarcation of boundaries (chp. IX) and maintenance of land records (chp. X),
the State Government may appoint such officers as may from time to time appear necessary.

Such officers may be designated as Settlement Commissioner , Director of Land Records ,

Deputy Director of Land Records, Superintendents of Land Records, Settlement Officers,
District Inspectors of Land Records, and Survey Tahsildars , or otherwise as may deem requisite.
According to S. 2(39), all such officers appointed under section 8 of the Code by the State
Government are called as Survey Officers.
Powers and Duties of Survey Officers

As per section 14, , the survey officers are vested with the cognisance of all matters connected with
the survey, settlement and record of rights and shall exercise all such powers and perform all such
duties as may be provided by this Code or any law for the time being in force.

The primary functions of the survey officers are

1. to conduct revenue survey, assessment and settlement of land revenue

2. to assist and settle land revenue of agricultural land
3. to assist and settle land revenue within the sight of villages, towns and cities,
4. to fix boundary and boundary marks
5. to settle boundary disputes
6. to give effect to the Prevention of Fragmentation and Consolidation of Holdings Act

Furthermore Section 22 empowers the survey officer to assign lands for special purposes such as
forest or fuel reserve, for free pasturage of village cattle or for grass or fodder reserve, for burial or
cremation ground, for gaothan, for camping ground, for threshing floor, for bazaar, for skinning
ground, for public purposes such as roads, lanes, parks, drains or for any other public purpose.

Conclusion
Thus it can be seen that the MLRC provides for a systematic and organised functioning of land
revenue administration by providing a hierarchy in terms of revenue areas and the corresponding
revenue officers.