TAHSILDAR

The immediate subordinate of a tehsildar is known as a naib tehsildar also known as Deputy Tahsildar

Tehsildar are Class II Gazetted Officers in most of the states of India. They implement the various policies of the taluka and are subject to the District Collector. Officers holding the post of Tehsildar preside over matters related to Land, Tax and Revenue. Tehsildar were first appointed as Naib Tehsildars after successful completion of a Civil Services Examination (i.e. PCS in Uttar Pradesh, HPAS in Himachal Pradesh, RAS in Rajasthan, MPPCS in Madhya Pradesh, BAS in Bihar, APPSC in Andhrapradesh,TSPSC in Telangana or other equivalent exams in other states of India), or promoted from a subordinate post like Kanoongo (also known as Revenue Inspectors). Later on, they get promoted to the post of Tehsildar according to cadre rules.

Each state is divided into districts. The district’s senior civil servant is the District Collector/District Magistrate, who is an officer from the IAS cadre. These districts are further subdivided into Revenue Subdivisions or Prants (West India). Each Subdivision is under the charge of an officer designated as a Subdivisional Magistrate (S.D.M.) or Deputy Collector who is a member of the State Civil Services cadre. These subdivisions are divided into various Tehsils or Talukas. These Tehsils or Talukas are administered by a Tehsildar, also known as a Talukdar in some states of India. The Tehsils/Talukas are further divided by groups of villages. Each group comes under the charge of a Kanoongo (also known as a Revenue Inspector). These villages are put under a village level revenue employee and is known as a Lekhpal or Patwari. This hierarchy is mainly used for administrative activities, including the identification and collection of revenue from land. A separate hierarchy exists for law enforcement in each district.

SECTION 5 TO 14

REVENUE OFFICERS: THEIR POWERS AND DUTIES

5.Chief Controlling authority in revenue matters.

The chief controlling authority in all matters connected with the land revenue in his division shall vest in the Commissioner, subject to the superintendence, direction and control of the State Government.

6.Revenue Officers in division.

The State Government shall appoint a Commissioner of each division; and may appoint in a division an Additional Commissioner and so many Assistant Commissioners as may be expedient, to assist the Commissioner:

Provided that, nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions.

7.Revenue officers in district.

(1)The State Government shall appoint a Collector 1[for each district (including the City of Bombay )] who shall be in charge of the revenue administration there of ; and a Tahsildar for each taluka who shall be the chief officer entrusted with the local revenue administration of a taluka.

(2)The State Government may appoint one or more Additional Collectors 2[and in each district (including the City of Bombay )] and so many Assistant Collectors and Deputy Collectors (with such designations such as “First”, “Second”, Super numerary”, etc. Assistants as may be expressed in the order of their appointment), one or more Naib-Tahsildars in a taluka, and one or more Additional Tahsidars or Naib-Tahsildars therein and such other persons (having such designations) to assist the revenue officers as it may deem expedient.

(3)Subject to the general orders of the State Government, the Collector may place any Assistant or Deputy Collector in charge of one more sub-divisions of a district, or may himself retain charge there of. Such Assistant or Deputy Collector may also be called a Sub-Divisional Officer.

(4) The Collector may appoint to each district as many persons as he thinks fit to be Circle Officers and Circle Inspectors to be in charge of a Circle, and one or more Talathis for a saza, and one or more Kotwals or other village servants for each village or group of villages, as he may deem fit.

8.Survey Officers

For the purposes of Chapters V, VI, VIII, IX and X the State Government may appoint such officers as may from time to time appear necessary. Such officers may be designated “Settlement Commissioner”, “Director of Land Records” “Deputy Director of Land Records”, “Superintendents to Land Records”, “Settlement Officers”, “District Inspectors of Land Records” and “Survey Tahsildars”, or otherwise as may seem requisite.

9.Combination of officers.

It shall be lawful for the State Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as may seem expedient.

Delegation of powers.

1[9A. The State Government may, by order in the <MI>Official Gazette<D>, direct that the powers of the State Government to make appointments under section 7, section 8 or section 9 in respect of such revenue or survey officers and subject to such conditions, if any, may be exercisable also by such officer not below the rank of the Collector, or as the case may be, Superintendent of Land Records, as may be specified in the direction.]

10.If a Collector or Tahsildar is disabled from performing his duties or for any reason vacates his office or leaves his jurisdiction or dies–

(a)the Additional Collector, and if there be no Additional Collector, the Assistant or Deputy Collector of the highest rank in the district.

(b)the Additional Tahsildar, and if there be no Additional Tahsildar, the Naib-Tahsildar or the senior-most Subordinate Revenue officer in the taluka. shall, unless other provision has been made by the State Government, succeed temporarily to the office of the Collector, as the case may be of the Tahsildar and shall be held to be the Collector or Tahsildar under this Code, until the Collector, or Tahsildar resumes charge of his district or taluka, or until such time as a successor is duly appointed and takes charge of his appointment.

Explanation.–An officer whose principal office is different from that of an Assistant Collector, and who is working as an Assistant Collector for special purposes only, shall not be deemed as an Assistant for the purposes of this section.

11.Subordination of officers.

(1)All revenue officers shall be subordinate to the State Government.

(2)Unless the State Government directs otherwise, all revenue officers in a division shall be subordinate to the Commissioner, and all revenue Officers 2[in a district (including the City of Bombay)] shall be subordinate to the Collector.

(3)Unless the State Government directs otherwise, all other Revenue Officers Including survey officers shall be subordinated, the one to the other, in such order as the State Government may direct.

12.Appointments to be notified.

3[The appointment of all officers of and above the rank of Tahsildar, or as the case may be, District Inspector of Land Records made under sections 6, 7, 8, and 9 shall be duly notified;] but the appointment shall take effect from the date on which an officer assumes charge of his office.

13Powers and duties of revenue officers.

(1)The revenue officers of and above the rank of a Tahsildar (not being an Additional Commissioner, Assistant Commissioner, Additional Collector or Additional Tahsildar), shall exercise the powers and discharge the duties and functions conferred and imposed on them respectively under this Code or under any law for the time being in force, and so far as is consistent therewith all such other powers, duties and functions of appeal, superintendence and control within their respective jurisdiction; and over the officers subordinate to them as may from time to time be prescribed by the State Government:

Provided that, the Collector may also exercise throughout his district all the powers and discharge all the duties and functions conferred or imposed on an Assistant or Deputy Collector under this Code or under any law for the time being in force and a Tahsildar shall also exercise such powers as may be delegated to him by the Collectors under the general or special orders of the State Government.

1[Explanation.–In this proviso, the expression, “a Tahsildar” shall include, and shall be deemed always to have been included, the expression “an Additional Tahsildar”.]

(2)The revenue officers aforesaid shall also, subject to the control and general or special orders of the State Government, exercise such powers and discharge such duties and functions, as the State Government, exercise such powers and discharge such duties and functions, as the State Government may by an order in writing confer or impose on them for the purpose only of carrying out the provisions of any law for the time being in force, and so far as is consistent therewith.

 (3)The Additional Commissioner and the Assistant Commissioner, and the Additional Collector and the Additional Tahsildar shall each exercise within his jurisdiction or part thereof such powers and discharge such duties and functions of the Commissioner, the Collector or, as the case may be, the Tahsildar under the provisions of this Code or under any law for the time being in force, as the State Government may, by notification in the Official Gazette, direct in this behalf.

2 * *

(4)The Sub-Divisional Officer shall subject to the provisions of Chapter XIII perform all the duties and functions and exercise all the powers conferred upon a Collector by this Code or any law for the time being in force, in relation to the sub-division in his charge:

Provided that, the Collector may whenever he may deem fit direct any such Sub-Divisional Officer not to perform certain duties or exercise certain powers and may reserve the same to himself or assign them to any Assistant or Deputy Collector subordinate to the Collector :

Provided further that , to such Assistant or Deputy Collector who is not placed in charge of a sub-division , the Collector shall, under the general orders of the State Government , assign such particular duties and power as he may from time to time deem fit.

(5)Subject to the orders of the State Government and of the Commissioner the Collector may assign to a Naib-Tahsildar within his local limits such of the duties, functions and powers of a Tahsildar as he may time deem fit.

(6)Subject to such general orders as may from time to time be passed by the Commissioner of Collector, a Tahsildar or Naib-Tahsildar may employ any of his subordinates to perform any portion of his ministerial duties :

Provided that, all acts and orders of his subordinates when so employed shall be liable to revision and confirmation by such Tahsildar or Naib-Tahsildar.

(7) In all matters not specially provided for by law, the revenue officers shall act according to the instructions of the State Government.

14.Powers and duties of Survey officers, circle officers, etc.

(1)Subject to the orders of the State Government, 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.

Provided that, a Deputy Director of Land Records shall exercise such powers and discharge such duties and functions, as are exercised or discharged by the Director of Land Records under this Code or under any law for the time being in force in such cases or classes of cases, as the State Government or Director of Land Records may direct.

(2)The Circle Officer and the Circle Inspector in charge of a circle shall exercise such powers over the Talathi in his circle and perform such duties and functions as may from time to time be prescribed.

(3)TheTalathi shall be responsible for the collection of land revenue and all amounts recoverable as arrears of land revenue, and for the maintenance of the record of rights and shall perform all such duties and functions as are hereinafter provided by this Code or any law for the time being in force or by order of the State Government.

(4)Subject to the general orders of the State Government and the Commissioner, the Collector shall determine from time to what registers, accounts and other records shall be kept by a talathi.

(5)It shall also be 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.

(6)All other revenue officers shall discharge such duties and functions as the State Government may direct.

TAHSILDARS

The Tahsildar is the execution officer of the tahsil. The Tahsildars have been delegated with the following powers under sub-section (1) of section 13 of the Maharashtra Land Revenue Code, 1966.

 Sr No.Power of the Collector under The Maharashtra land revenue code1966, delegated to the TahsildarExtent of Power delegated
1Sub-section (4) of Section 7.To appoint kotwals or other village officials.
2Sub-section (1) of Section 17.All
3Section 18All except the powers of wrest.
4Section 15 (2)All
5Section 35 (2)Powers to dispose of relinquished sub-division to the occupants of the other sub-treasury number.
6Section 35 (3)All
7Section 35 (4)Power to restore forfeited sub Division to the former occupant.
8Section 48 (8)All
9Section 50All in respect of unauthorised Occupation of land for purpose of agriculture only, providing for the enquiry under section 20 (2) of the Act.
10Section 53Do.
11Section 59Do.
12Section 61 (b)All
13Section 74All
14Section 75All
15Section 75All
16Section 136All
17Section 139 read with section 141.All
18Section 152All
19Section 155All
20Section 174All
21Clause (ii) of proviso to Section 176All
22Section 178All
23Section 179To issue proclamation and written notice under clause (a) of the provision for Section 179.
24Section 180All
25Section 181To sign and execute the warrant of Attachment and conduct the sale.
26Section 182To sign and execute the warrant of Attachment.
27Sections 192 and 193All
28Section 212All
29Section 28 (1)In respect of moveable property only,
30Section 42Power under clauses (a) and (b) of Section 242 only.

The staff in each tahsil is composed of two or three awalkarkuns, 10 clerks, 40 talathis and three four circle inspectors. The Tahsildars are entrusted with the performance of following functions:

Revenue�The Tahsildar is required to report on almost all revenue matters to the Prant Officer and the Collector to enable them to take their decisions and to execute the orders passed by the Collector and the Deputy Collector.

In regard to the annual demand and collection of land revenue he has to keep ready all village and tahsil forms i.e. jamabandi and other statements which am necessary for conducting the annual jamabandi of the tahsil by Collector or the Deputy Collector. The annual jamabandi is an audit of previous year�s accounts. The demand for agricultural revenue is to be settled and, there are remissions and suspensions to be calculated upon the demand fixed in lean years. Remissions and suspensions are given in accordance with the crop annewaris. The tahsildar is the most intimately concerned officer for determination of the amount of the remissions and suspensions. The amount of non-agricultural assessment and fluctuating land revenue 9 such as that arising from the sale of trees, store or sand, etc.) is added to the demand of fixed land revenue.

The work of collection of land revenue is also the responsibility of the Tahasildar. He has to issue notices under Section 178 of the Maharashtra Land Revenue Code, 1966, imposing the cost of such notices m the defaulters for recovery, distrain and sale the defaulters� moveable property under Sections 179 and 180 of Maharashtra Land Revenue Code, 1966 and issue notices of forfeiture of the land. He has, however, to obtain the prior sanction of the Deputy Collector or the Collector before the actual forfeiture of the land under Sections 181 and 182 of Maharashtra land Revenue Code, 1966.

 In addition to the collection of land revenue. he has to effect recoveries of tagai loan, pothissa measurement fees, boundary marks advances and irrigation cess, the dues of other departments like sales tax, income tax, etc., whenever the members of the public fail to pay such dues to various departments as an arrear of land revenue from the defaulters at the request of the concerned department It is also his duty to see that them is no breach of any conditions under which inams are held and has to bring any such violation to the notice of the Collector through the concerned Deputy Collector.

 He has to make enquiries and get ready the material on which the prant officer has to pass his orders under Dastural-Amal-Dehi and Watan Act. He is empowered to pass orders as to the appointment, remuneration, period of service, suspension and fining of the inferior village servants, the grant of leave them and the like.

 Tagai� Application for grant of tagai are generally received by the Tahsildar who has to instruct the circle inspector to make enquiries, to see the sites for the improvement of which tagai loan is sought, to ascertain whether the security offered is sufficient to determine the reasonable instalments for repayment, etc. He can himself grant tagaiuptoRs.2,000 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, as the case may be.

 The Tahsildar�s with regard to tagai do not end with its payment to the loanees, but he has to see that the tagai is properly utilised, inspect the work undertaken with it, control the payment and make recoveries from the defaulters.

 The Tahsildar is primarily responsible for the administration of the Hyderabad Tenancy and Agricultural Lands Act within his jurisdiction.

Quasi Judicial� The quasi-judicial duties which the Tahsildar performs include the inquiries and orders under the Mamlatdars� Courts Act (II of 19060, execution of civil court decrees and decision in the disputed cases in connection with the record of rights in each villages.

Magisterial� Every tahsildar is ex-offciotahsil magistrate of his tahsil. As tahsil magistrate, he has following powers under the Criminal procedure Code.

1. To disperse any unlawful assembly (Section 127).

2. To use civil form to disperse unlawful assembly (Section 130).

3. To require military form to be used to disperse unlawful assembly (Section 130).

4. To apply to District Magistrate to issue commission for examination of witnesses (Section 506).

5 To make order as to the disposal of property regarding which an offence is committed

(Section 517),

6. To recover penalty on forfeited bond (Section 514) and to require fresh security (Section 514-A). and

7. To sell property of a suspected character (Section 325).

If authorised by the State Government or the District Magistrate, a tahsil magistrate may exercise the following among other powers:-

1. To pass orders prohibiting repetitions of nuisances (Section143); 1

2. To tame orders calculated to prevent apprehended danger to public peace (Section 144); and

3. To hold inquests (Section 174).

The Tahsildar 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 the criminal activities in his charge and take steps incidental to the maintenance of law and order in his charge. In case of serious disturbance of the public peace, the Tahsildar carries great responsibility . As an executive magistrate on the spot, he has to issue orders and be in charge of the situation till his superiors arrive.

 Treasury and Accounts. —- Formerly the Tahsildars and the Naib-Tahsildars were in charge of sub-treasury and had to deal with the acounts matters and stamps. Due to separation of sub-treasury this work has been transferred to the treasury personnel and Finance Department has appointed sub-treasury officers for each of the sub-treasuries. Sub-treasury officers now working in the tahsil offices are directly under the control of the Senior Treasury Officer and Accountant General, Nagpur.

Other Administrative Duties

The tahsildar is the central figure in the administration in his tahsil. He is responsible to the Collector and the Prant Officer, whom he must keep constantly informed of all political happenings, outbreak of epidemics an other important matters. He must help and guide the officers of all department at the tahsil level in the execution of their respective duties. The Tahsildar is also responible for the cattle census which comes under the purview of the agriculture department. He has to take prompt action for the control of epidemics and to render assistance in preventing outbreaks of epidemic diseases.

Though the Tahsildar is not expected to work directly for localself government bodies, he is usually the principal source of the Collector�s information about them. He is responsible for the administration of his tahsil just as the collector is responsible for the administration of the district.

The immediate subordinate of a tehsildar is known as a naib tehsildar also known as Deputy Tahsildar

Tehsildar are Class II Gazetted Officers in most of the states of India. They implement the various policies of the taluka and are subject to the District Collector. Officers holding the post of Tehsildar preside over matters related to Land, Tax and Revenue. Tehsildar were first appointed as Naib Tehsildars after successful completion of a Civil Services Examination (i.e. PCS in Uttar Pradesh, HPAS in Himachal Pradesh, RAS in Rajasthan, MPPCS in Madhya Pradesh, BAS in Bihar, APPSC in Andhrapradesh,TSPSC in Telangana or other equivalent exams in other states of India), or promoted from a subordinate post like Kanoongo (also known as Revenue Inspectors). Later on, they get promoted to the post of Tehsildar according to cadre rules.

Each state is divided into districts. The district’s senior civil servant is the District Collector/District Magistrate, who is an officer from the IAS cadre. These districts are further subdivided into Revenue Subdivisions or Prants (West India). Each Subdivision is under the charge of an officer designated as a Subdivisional Magistrate (S.D.M.) or Deputy Collector who is a member of the State Civil Services cadre. These subdivisions are divided into various Tehsils or Talukas. These Tehsils or Talukas are administered by a Tehsildar, also known as a Talukdar in some states of India. The Tehsils/Talukas are further divided by groups of villages. Each group comes under the charge of a Kanoongo (also known as a Revenue Inspector). These villages are put under a village level revenue employee and is known as a Lekhpal or Patwari. This hierarchy is mainly used for administrative activities, including the identification and collection of revenue from land. A separate hierarchy exists for law enforcement in each district.

SECTION 5 TO 14

REVENUE OFFICERS: THEIR POWERS AND DUTIES

5.Chief Controlling authority in revenue matters.

The chief controlling authority in all matters connected with the land revenue in his division shall vest in the Commissioner, subject to the superintendence, direction and control of the State Government.

6.Revenue Officers in division.

The State Government shall appoint a Commissioner of each division; and may appoint in a division an Additional Commissioner and so many Assistant Commissioners as may be expedient, to assist the Commissioner:

Provided that, nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions.

7.Revenue officers in district.

(1)The State Government shall appoint a Collector 1[for each district (including the City of Bombay )] who shall be in charge of the revenue administration there of ; and a Tahsildar for each taluka who shall be the chief officer entrusted with the local revenue administration of a taluka.

(2)The State Government may appoint one or more Additional Collectors 2[and in each district (including the City of Bombay )] and so many Assistant Collectors and Deputy Collectors (with such designations such as “First”, “Second”, Super numerary”, etc. Assistants as may be expressed in the order of their appointment), one or more Naib-Tahsildars in a taluka, and one or more Additional Tahsidars or Naib-Tahsildars therein and such other persons (having such designations) to assist the revenue officers as it may deem expedient.

(3)Subject to the general orders of the State Government, the Collector may place any Assistant or Deputy Collector in charge of one more sub-divisions of a district, or may himself retain charge there of. Such Assistant or Deputy Collector may also be called a Sub-Divisional Officer.

(4) The Collector may appoint to each district as many persons as he thinks fit to be Circle Officers and Circle Inspectors to be in charge of a Circle, and one or more Talathis for a saza, and one or more Kotwals or other village servants for each village or group of villages, as he may deem fit.

8.Survey Officers

For the purposes of Chapters V, VI, VIII, IX and X the State Government may appoint such officers as may from time to time appear necessary. Such officers may be designated “Settlement Commissioner”, “Director of Land Records” “Deputy Director of Land Records”, “Superintendents to Land Records”, “Settlement Officers”, “District Inspectors of Land Records” and “Survey Tahsildars”, or otherwise as may seem requisite.

9.Combination of officers.

It shall be lawful for the State Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as may seem expedient.

Delegation of powers.

1[9A. The State Government may, by order in the <MI>Official Gazette<D>, direct that the powers of the State Government to make appointments under section 7, section 8 or section 9 in respect of such revenue or survey officers and subject to such conditions, if any, may be exercisable also by such officer not below the rank of the Collector, or as the case may be, Superintendent of Land Records, as may be specified in the direction.]

10.If a Collector or Tahsildar is disabled from performing his duties or for any reason vacates his office or leaves his jurisdiction or dies–

(a)the Additional Collector, and if there be no Additional Collector, the Assistant or Deputy Collector of the highest rank in the district.

(b)the Additional Tahsildar, and if there be no Additional Tahsildar, the Naib-Tahsildar or the senior-most Subordinate Revenue officer in the taluka. shall, unless other provision has been made by the State Government, succeed temporarily to the office of the Collector, as the case may be of the Tahsildar and shall be held to be the Collector or Tahsildar under this Code, until the Collector, or Tahsildar resumes charge of his district or taluka, or until such time as a successor is duly appointed and takes charge of his appointment.

Explanation.–An officer whose principal office is different from that of an Assistant Collector, and who is working as an Assistant Collector for special purposes only, shall not be deemed as an Assistant for the purposes of this section.

11.Subordination of officers.

(1)All revenue officers shall be subordinate to the State Government.

(2)Unless the State Government directs otherwise, all revenue officers in a division shall be subordinate to the Commissioner, and all revenue Officers 2[in a district (including the City of Bombay)] shall be subordinate to the Collector.

(3)Unless the State Government directs otherwise, all other Revenue Officers Including survey officers shall be subordinated, the one to the other, in such order as the State Government may direct.

12.Appointments to be notified.

3[The appointment of all officers of and above the rank of Tahsildar, or as the case may be, District Inspector of Land Records made under sections 6, 7, 8, and 9 shall be duly notified;] but the appointment shall take effect from the date on which an officer assumes charge of his office.

13Powers and duties of revenue officers.

(1)The revenue officers of and above the rank of a Tahsildar (not being an Additional Commissioner, Assistant Commissioner, Additional Collector or Additional Tahsildar), shall exercise the powers and discharge the duties and functions conferred and imposed on them respectively under this Code or under any law for the time being in force, and so far as is consistent therewith all such other powers, duties and functions of appeal, superintendence and control within their respective jurisdiction; and over the officers subordinate to them as may from time to time be prescribed by the State Government:

Provided that, the Collector may also exercise throughout his district all the powers and discharge all the duties and functions conferred or imposed on an Assistant or Deputy Collector under this Code or under any law for the time being in force and a Tahsildar shall also exercise such powers as may be delegated to him by the Collectors under the general or special orders of the State Government.

1[Explanation.–In this proviso, the expression, “a Tahsildar” shall include, and shall be deemed always to have been included, the expression “an Additional Tahsildar”.]

(2)The revenue officers aforesaid shall also, subject to the control and general or special orders of the State Government, exercise such powers and discharge such duties and functions, as the State Government, exercise such powers and discharge such duties and functions, as the State Government may by an order in writing confer or impose on them for the purpose only of carrying out the provisions of any law for the time being in force, and so far as is consistent therewith.

 (3)The Additional Commissioner and the Assistant Commissioner, and the Additional Collector and the Additional Tahsildar shall each exercise within his jurisdiction or part thereof such powers and discharge such duties and functions of the Commissioner, the Collector or, as the case may be, the Tahsildar under the provisions of this Code or under any law for the time being in force, as the State Government may, by notification in the Official Gazette, direct in this behalf.

2 * *

(4)The Sub-Divisional Officer shall subject to the provisions of Chapter XIII perform all the duties and functions and exercise all the powers conferred upon a Collector by this Code or any law for the time being in force, in relation to the sub-division in his charge:

Provided that, the Collector may whenever he may deem fit direct any such Sub-Divisional Officer not to perform certain duties or exercise certain powers and may reserve the same to himself or assign them to any Assistant or Deputy Collector subordinate to the Collector :

Provided further that , to such Assistant or Deputy Collector who is not placed in charge of a sub-division , the Collector shall, under the general orders of the State Government , assign such particular duties and power as he may from time to time deem fit.

(5)Subject to the orders of the State Government and of the Commissioner the Collector may assign to a Naib-Tahsildar within his local limits such of the duties, functions and powers of a Tahsildar as he may time deem fit.

(6)Subject to such general orders as may from time to time be passed by the Commissioner of Collector, a Tahsildar or Naib-Tahsildar may employ any of his subordinates to perform any portion of his ministerial duties :

Provided that, all acts and orders of his subordinates when so employed shall be liable to revision and confirmation by such Tahsildar or Naib-Tahsildar.

(7) In all matters not specially provided for by law, the revenue officers shall act according to the instructions of the State Government.

14.Powers and duties of Survey officers, circle officers, etc.

(1)Subject to the orders of the State Government, 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.

Provided that, a Deputy Director of Land Records shall exercise such powers and discharge such duties and functions, as are exercised or discharged by the Director of Land Records under this Code or under any law for the time being in force in such cases or classes of cases, as the State Government or Director of Land Records may direct.

(2)The Circle Officer and the Circle Inspector in charge of a circle shall exercise such powers over the Talathi in his circle and perform such duties and functions as may from time to time be prescribed.

(3)TheTalathi shall be responsible for the collection of land revenue and all amounts recoverable as arrears of land revenue, and for the maintenance of the record of rights and shall perform all such duties and functions as are hereinafter provided by this Code or any law for the time being in force or by order of the State Government.

(4)Subject to the general orders of the State Government and the Commissioner, the Collector shall determine from time to what registers, accounts and other records shall be kept by a talathi.

(5)It shall also be 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.

(6)All other revenue officers shall discharge such duties and functions as the State Government may direct.

TAHSILDARS

The Tahsildar is the execution officer of the tahsil. The Tahsildars have been delegated with the following powers under sub-section (1) of section 13 of the Maharashtra Land Revenue Code, 1966.

 Sr No.Power of the Collector under The Maharashtra land revenue code1966, delegated to the TahsildarExtent of Power delegated
1Sub-section (4) of Section 7.To appoint kotwals or other village officials.
2Sub-section (1) of Section 17.All
3Section 18All except the powers of wrest.
4Section 15 (2)All
5Section 35 (2)Powers to dispose of relinquished sub-division to the occupants of the other sub-treasury number.
6Section 35 (3)All
7Section 35 (4)Power to restore forfeited sub Division to the former occupant.
8Section 48 (8)All
9Section 50All in respect of unauthorised Occupation of land for purpose of agriculture only, providing for the enquiry under section 20 (2) of the Act.
10Section 53Do.
11Section 59Do.
12Section 61 (b)All
13Section 74All
14Section 75All
15Section 75All
16Section 136All
17Section 139 read with section 141.All
18Section 152All
19Section 155All
20Section 174All
21Clause (ii) of proviso to Section 176All
22Section 178All
23Section 179To issue proclamation and written notice under clause (a) of the provision for Section 179.
24Section 180All
25Section 181To sign and execute the warrant of Attachment and conduct the sale.
26Section 182To sign and execute the warrant of Attachment.
27Sections 192 and 193All
28Section 212All
29Section 28 (1)In respect of moveable property only,
30Section 42Power under clauses (a) and (b) of Section 242 only.

The staff in each tahsil is composed of two or three awalkarkuns, 10 clerks, 40 talathis and three four circle inspectors. The Tahsildars are entrusted with the performance of following functions:

Revenue�The Tahsildar is required to report on almost all revenue matters to the Prant Officer and the Collector to enable them to take their decisions and to execute the orders passed by the Collector and the Deputy Collector.

In regard to the annual demand and collection of land revenue he has to keep ready all village and tahsil forms i.e. jamabandi and other statements which am necessary for conducting the annual jamabandi of the tahsil by Collector or the Deputy Collector. The annual jamabandi is an audit of previous year�s accounts. The demand for agricultural revenue is to be settled and, there are remissions and suspensions to be calculated upon the demand fixed in lean years. Remissions and suspensions are given in accordance with the crop annewaris. The tahsildar is the most intimately concerned officer for determination of the amount of the remissions and suspensions. The amount of non-agricultural assessment and fluctuating land revenue 9 such as that arising from the sale of trees, store or sand, etc.) is added to the demand of fixed land revenue.

The work of collection of land revenue is also the responsibility of the Tahasildar. He has to issue notices under Section 178 of the Maharashtra Land Revenue Code, 1966, imposing the cost of such notices m the defaulters for recovery, distrain and sale the defaulters� moveable property under Sections 179 and 180 of Maharashtra Land Revenue Code, 1966 and issue notices of forfeiture of the land. He has, however, to obtain the prior sanction of the Deputy Collector or the Collector before the actual forfeiture of the land under Sections 181 and 182 of Maharashtra land Revenue Code, 1966.

 In addition to the collection of land revenue. he has to effect recoveries of tagai loan, pothissa measurement fees, boundary marks advances and irrigation cess, the dues of other departments like sales tax, income tax, etc., whenever the members of the public fail to pay such dues to various departments as an arrear of land revenue from the defaulters at the request of the concerned department It is also his duty to see that them is no breach of any conditions under which inams are held and has to bring any such violation to the notice of the Collector through the concerned Deputy Collector.

 He has to make enquiries and get ready the material on which the prant officer has to pass his orders under Dastural-Amal-Dehi and Watan Act. He is empowered to pass orders as to the appointment, remuneration, period of service, suspension and fining of the inferior village servants, the grant of leave them and the like.

 Tagai� Application for grant of tagai are generally received by the Tahsildar who has to instruct the circle inspector to make enquiries, to see the sites for the improvement of which tagai loan is sought, to ascertain whether the security offered is sufficient to determine the reasonable instalments for repayment, etc. He can himself grant tagaiuptoRs.2,000 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, as the case may be.

 The Tahsildar�s with regard to tagai do not end with its payment to the loanees, but he has to see that the tagai is properly utilised, inspect the work undertaken with it, control the payment and make recoveries from the defaulters.

 The Tahsildar is primarily responsible for the administration of the Hyderabad Tenancy and Agricultural Lands Act within his jurisdiction.

Quasi Judicial� The quasi-judicial duties which the Tahsildar performs include the inquiries and orders under the Mamlatdars� Courts Act (II of 19060, execution of civil court decrees and decision in the disputed cases in connection with the record of rights in each villages.

Magisterial� Every tahsildar is ex-offciotahsil magistrate of his tahsil. As tahsil magistrate, he has following powers under the Criminal procedure Code.

1. To disperse any unlawful assembly (Section 127).

2. To use civil form to disperse unlawful assembly (Section 130).

3. To require military form to be used to disperse unlawful assembly (Section 130).

4. To apply to District Magistrate to issue commission for examination of witnesses (Section 506).

5 To make order as to the disposal of property regarding which an offence is committed

(Section 517),

6. To recover penalty on forfeited bond (Section 514) and to require fresh security (Section 514-A). and

7. To sell property of a suspected character (Section 325).

If authorised by the State Government or the District Magistrate, a tahsil magistrate may exercise the following among other powers:-

1. To pass orders prohibiting repetitions of nuisances (Section143); 1

2. To tame orders calculated to prevent apprehended danger to public peace (Section 144); and

3. To hold inquests (Section 174).

The Tahsildar 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 the criminal activities in his charge and take steps incidental to the maintenance of law and order in his charge. In case of serious disturbance of the public peace, the Tahsildar carries great responsibility . As an executive magistrate on the spot, he has to issue orders and be in charge of the situation till his superiors arrive.

 Treasury and Accounts. —- Formerly the Tahsildars and the Naib-Tahsildars were in charge of sub-treasury and had to deal with the acounts matters and stamps. Due to separation of sub-treasury this work has been transferred to the treasury personnel and Finance Department has appointed sub-treasury officers for each of the sub-treasuries. Sub-treasury officers now working in the tahsil offices are directly under the control of the Senior Treasury Officer and Accountant General, Nagpur.

Other Administrative Duties

The tahsildar is the central figure in the administration in his tahsil. He is responsible to the Collector and the Prant Officer, whom he must keep constantly informed of all political happenings, outbreak of epidemics an other important matters. He must help and guide the officers of all department at the tahsil level in the execution of their respective duties. The Tahsildar is also responible for the cattle census which comes under the purview of the agriculture department. He has to take prompt action for the control of epidemics and to render assistance in preventing outbreaks of epidemic diseases.

Though the Tahsildar is not expected to work directly for localself government bodies, he is usually the principal source of the Collector�s information about them. He is responsible for the administration of his tahsil just as the collector is responsible for the administration of the district.

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