Inspection Note on JALESWAR TAHASIL

INSPECTION NOTE OF SHRI VIPIN SAXENA, IAS, MEMBER, BOARD OF REVENUE, ODISHA ON JALESWAR TAHASIL

DATE OF INSPECTION:-

INTRODUCTION

Jaleswar Tahasil was established in the year, 1953 with a vast area. Subsequently, part of the area was merged with Basta Tahasil in the year, 1967. Again the Tahasil, Bhograi was carved out from this Tahasil during the year, 2007 comprising of 341 villages. Jaleswar Tahasil is bounded by Bhograi Tahasil in the East, Baliapal in the South-east, Basta Tahasil in the south, some parts of Rasgobindapur Tahasil of Mayurbhanj district in the West and the State of West Bengal in the North. The Headquarters of this Tahasil is situated in Jaleswar, a small Municipality town of Balasore District at a distance of about 56

KM from the District Headquarters.

BASIC INFORMATION OF TAHASIL OFFICE, JALESWAR 01. Total area of the Tahasil -- Ac 93,151.863 i. Total Govt. land -- Ac 21,950.352 ii. Total Forest land -- Ac 7,016.630 iii. Total Gochar land -- Ac 2,541.190 iv. Total Private land -- Ac 71,201.511 02. Total Cultivated Land -- Ac 61,285.250 03. Total Irrigated Land -- Ac 3146.270 04. Total No of the Village-Rural -- 195 Urban -- 16 Un inhabited -- 58 ------Total:- 269 (Jaleswar P.S-179 & Raibania P.S-90) 05. Total No of Block -- 01 (Jaleswar) 06. Total No of Municipality -- 01 07. Total No of Police Stations -- 02 (Raibania, Jaleswar) 08. Total No of G.P -- 27 09. Total No. of Z.P. Zone -- 04 10. No of wards in Jaleswar Municipality-- 17 2

INFORMATION ON R.I CIRCLES

No. of Distance G.P No. of from Sl. Name of R.I Circle covered Name of the G.Ps villages HQr No. covered (Tahasil) in KM 1 Jaleswar 4 Nachhimpur, Lakshman nath, Rajpur, Aruha 59 0

2 Nampo 4 Nampo, Khalina Sogo, Netua 47 6 3 Paschimbad 3 Baiganbadia, Paschimbad, paikasida 25 17 Rayan Ramchandrapur, Gopi mohanpur, 4 Jamalpur 3 48 7 Bartana Baradiha, Sikharpur, Srirampur, 5 Saradiha 5 35 22 Dakshinapraharajpur, Chamargaon, Khudia Majhi Sahi, Makidia, Olmara, 6 Olmara 6 48 32 Sardarband, Raibania, Kalika 7 Khuard 2 Khuard, Shyamnagar 7 35

Demographic composition (As per census-2011):-

Total Name of the Total Sl. No. Male Female SC ST Others House R.I. Circle Population hold 1 Jaleswar 61693 31527 30166 7127 9202 45364 13426 2 Jamalpur 25809 13416 12393 6407 2793 16609 5702 3 Nampo 26507 13716 12791 3183 2057 21267 5969 4 Saradiha 36337 18554 17783 7244 9374 19719 8338 5 Khuard 13805 6825 6980 1137 7466 6102 3182 6 Olmara 38280 19372 18908 7735 11069 19476 9054 7 Paschimbard 27406 14165 13241 10006 485 16915 5993 Total 229837 117575 112262 42839 42446 144552 51664

ACCOMODATION:-

Jaleswar Tahasil is functioning in its own building since its inception. The present condition of the building with unsafe asbestos roof warrants immediate renovation. I am told that the repairing work of the building has been taken up by the concerned engineering department recently. This tahasil consists of 7 (Seven) R.I circle which are functioning in its own building.

CHARGES:-

Sri Rama Chandra Kisku, OAS-I (JB), now Tahasildar, Bhograi is in additional charge of Tahasildar, Jaleswar w.e.f 05.04.17. Sri Kisku was earlier officiating as Tahasildar, Jaleswar from dt. 10.08.15 to dt. 03.04.2017. On his transfer to Bhograi Tahasil, no regular Tahasildar has been posted to this Tahasil.

Sri Mahendra Kumar Behera, ORS is officiating as Additional Tahasildar, Jaleswar w.e.f 18.12.15 The works/charges distributed among the Tahasildar and Addl. Tahasildar for smooth functioning of Tahasil are indicated below.

Sl Name of the Works allotted Charges of R.I No Officer & circle Designation 1 2 3 4 1 Ramachandra Establishment, Bill, Budget, Jaleswar, Nampo, Kisku, OAS-I (JB) Nizarat, Record Room, Touzi, Paschimbad all Tahasildar-In- Mutation Cases, Certificate revenue cases charge cases, OLR Cases, OEA Cases, Encroachment cases 2 Sri Mahendra OLR Cases, Mutation Cases Jamalpur, Saradiha, Kumar Behera, and related cases of R.I circle Khuard, Olmara all ORS revenue cases HALF-YEARLY INSPECTION BY TAHASILDAR ON OWN OFFICE

The Tahasildar is required to inspect his own office twice in a year. I find that the Tahasildar has not inspected his own office. It is obvious that the Tahasildar is not serious about his duties & responsibilities. Tahasildar is directed to conduct half yearly inspection of his own office regularly.

INSPECTION BY TAHASILDAR ON R.I CIRCLES

The table below shows inspection made by the Tahasildar and Addl. Tahasildar on R.I circle for the last 3 years.

Year Name of Date of Letter No and Letter No and Date the R.I Inspection Date of release of submission of circle of I/N compliance 2015 - - - - 2016 Jaleswar 4.11.16 - - 2017 - - - -

INSPECTION BY ADDL. TAHASILDAR ON R.I CIRCLES

The table below shows the inspection made by Addl. Tahasildar on R.I circles during the last 3 years.

Year Name of the R.I Date of Letter No. and Letter No and circle inspection Date of release date of of I/N submission of compliance 2015 - - - - 2016 Saradiha 25.11.16 - - 2017 (Up to - - - - 30.04.17)

From the above, it is quite obvious that both the Tahasildar & Addl. Tahasildar have not discharged their duties and responsibilities properly. No annual inspection programme on inspection of R.I circle during a year has been chalked out by the Tahasildar and Addl. Tahasildar though they are required to inspect all R.I circles once in a year under their jurisdiction. The Tahasildar and Addl. Tahasildar are directed to inspect R.I circles under their jurisdiction in a year unfailingly and submit their inspection report to higher authorities.

TOUR:-

TOUR PERFORMANCE OF TAHASILDAR AND ADDITIONAL TAHASILDAR

According to Book Circular 41 read with memo No. 67280/R dt. 01.10.88 of Govt. of Odisha erstwhile Revenue and Excise Deptt., the Tahasildar is required to perform 150 days tour with 60 night halts in a year in the following manner.

Period No of days No of Night halts

Jan-March 52 15 April-June 30 15 July-Sept 30 15 Oct-Dec 38 15 150 60 5

The Tahasildar and Addl. Tahasildar, Jaleswar have performed tours and night halts in the following manner during, 2016-17

Name of the officer Period No of days tour No of Nighthalts Sri Rama Chandra Jan-March,16 53, - Kisku, OAS-I, April-June,16 40 - Tahasildar July- Sept,16 46 - Oct-Dec,16 11 - 150 Sri Mahendra Kumar Jan-March,16 55 - Behera, ORS, Addl. April-June,16 42 - Tahasildar July- Sept,16 43 - Oct-Dec,16 10 - 150

It is revealed from the above that both the officers have performed 150 days tour each during, 2016-17. But they have not performed any night halt. The Tahasildar and Addl. Tahasildar are directed to make adequate no. of tours as per the Book Circular holding camp courts and making night halts in order to keep close contact with the villagers to solve their problems.

REVIEW OF TOUR PERFORMANCES OF TAHASILDAR AND ADDL. TAHASILDAR BY THE SUB-COLLECTOR

The Sub-Collector is required to review tour performances of the Tahasildar and Addl. Tahasildar in every quarter and communicate necessary comments. It is reported that, no review of tour diary has been conducted by the Sub-Collector. The Sub-Collector should review the tour performance of the Tahasildar and Addl. Tahasildar at regular interval henceforth and report compliance.

SUBMISSION OF TOUR DIARIES

The Tahasildar and Addl. Tahasildar are required to submit their tour diaries to the Sub-Collector on the 2nd day of each succeeding month for approval. But, it is found that the same are not being submitted to the Sub-Collector for necessary action. The Tahasildar and Addl. Tahasildar are directed to ensure timely submission of tour dairies to higher authority unfailingly.

REVIEW OF TOUR PERFORMANCE OF R.S /R.I’S BY THE TAHASILDAR

The Tahasildar is required to review the tour performances of Revenue Supervisors and Revenue Inspectors in each quarter. This has not been done at all. The Tahasildar is directed to review the tour performances of the R.S and R.I’s in each quarter regularly and report compliance to the higher authorities.

R.T.I:-

The following officers have been declared as PIO and APIO and 1st Appellate Authority in respect of this Tahasil.

Sri Rama Chandra Kisku, OAS-I (JB), Tahasildar-1st Appellate Authority Sri Mahendra Kumar Behera, ORS, Addl. Tahasildar-PIO Sri Judhistir Soren, Jr. Clerk-APIO

Year No of No. of Total for No. of Balance Application application application Disposal application fee pending at received disposed Collected the during the of beginning Year of the Year 2014-15 136 304 440 263 177 Rs. 2,870/- 2015-16 177 368 545 403 142 Rs. 3,630/- 2016-17 142 226 368 357 11 Rs. 2,160/- up to 30.04.2017

It is seen that 11 nos of applications are pending till end of April, 2017. Prior to that, 142 application were pending till end of March, 2016 during, 2015-16 and 177 applications till end of March, 2015 during the year, 2014-15. It is surprising as to how so many applications are kept pending when there is provision of imposition of penalty in force as per the RTI Act. The PIO is directed to dispose the pending applications immediately.

No Appeal petition is pending before the Appellate Authority under the RTI Act.

MAINTENANCE OF REGISTER

Registers as prescribed under paragraph 96 of the MTA are being maintained in this Tahasil office.

STAFF MEETING

Staff meeting is required to be taken up by the Tahasildar at regular interval to review the performance of the staff/ R.Is. But it is seen that no staff meeting is being conducted. This is not desirable. The Tahasildar is directed to conduct periodical staff meeting and report compliance to the higher authorities.

DEMAND, COLLECTION AND BALANCE (DCB)

The table below indicates the Demand, Collection & Balance position of Rent, Cess, Sairat, Misc. Revenue, Water Rate for the year, 2014-15, 2015-16 & 2016-17

(Year 2014-15)

Demand Collection Balance % of Remarks Collec tion

Name of Excess Item Arrear Current Total Arrear Current Total Arrear Current Total Total Collection Part -I Rent & Cess

329356 776980 1106336 209798 577101 786899 119558 199879 319437 71.13

Part-II Sairat & - - Misc. Rev. 2975668 3020979 730624 1934343 1203718 7759357 10413248 18172605 453109 3 2 8 5 7 166.24 12037187

Part-III CB.Water Rate 90119 135654 225773 47973 89132 137105 42146 46522 88668 60.73 Total - - 3042291 3113379 746795 1909703 1162908 8178832 11325882 19504714 710880 6 6 2 4 2 159.62

(Year-2015-16)

Demand Collection Balance % of Remarks collec tion Name of Excess Item Arrear Current Total Arrear Current Total Arrear Current Total Total Collection Part -I Rent & Cess 126059 437589 823003 2 231985 596903 828888 205604 226100 431704 65.75

Part-II - - Sirat & 236167 3534333 302733 228.1 Misc Rev 6232753 17384013 66 1162803 52727350 53890153 5069950 7 87 8 30273387

Part-III CB.Water Rate 83490 135654 219144 29574 60197 89771 53916 75457 129373 40.96 - - 250965 3504178 297123 218.3 Total 6753832 18342670 02 1424362 53384450 54808812 5329470 0 10 9

(Year-2016-17)

Demand Collection Balance % of collection

Name of Item Arrear Current Total Arrear Current Total Arrear Current Total Total Part -I Rent & Cess 491054 851742 1342796 239687 645846 885533 251367 205896 457263 65.95

Part-II Sirat & Misc Rev 5805868 37652472 43458340 95995 37038106 37134101 5709873 614366 6324239 85.45

Part-III CB.Water Rate 88948 95481 184429 41462 37806 79268 47486 57675 105161 42.98

Total 6385870 38599695 44985565 377144 37721758 38098902 6008726 877937 6886663 84.69

It is found from the above table that the overall collection for the year, 2014-15 is 159.62% of the Demand. Excess collection of Rs. 1,20,37,187/- has been made under the item Misc. Rev under Part-II and, as such, collection has exceeded the Demand.

Similarly, overall collection for the year, 2015-16 is 218.39% of the Demand. Excess collection of Rs. 3,02,73,287/- has been made under the item Misc. Rev under Part-II for 9 which the collection has exceeded the Demand. However, the collection under the unit Rent and Cess under Part-I is only 65.75% of the Demand which is not at all satisfactory. The collection under the unit of CB Water Rate under Part-III is only 40.96% of the Demand. As compared to the previous year’s collection, collection under Water Rate has gone down by 10%.

The overall collection achieved during the year, 2016-17 is 84.69% of the Demand. While collection achieved under the unit, Rent and Cess recorded to be 65.95% of the Demand, the collection under the unit Sairat and Misc. Rev. under Part-II is 85.45% of the Demand. Similarly, collection under the unit CB Water Rate under Part-III is recorded to be 42.98% of the Demand. The collection achieved under Part-I and Part-III is not up to the mark. The Tahasildar should make allout effort to achieve 100% of the Demand under Part-I and Part-II and 70% of the Demand under Part-III.

SAIRAT-

The position of the Sairat sources settled and amount realized during last 3 years is given below:-

Sources For Sources Sources Sources detected Effective sources sources Amount the existed detected transfer Balance during sources dropped settled Realised Year previously extinct to GP the year 1 2 3 4 5 6 7 8 9 10

2014- 359 - 21 298 40 15 25 - Rs.1,79,79,450/- 15

2015- 359 12 30 298 43 3 28 12 Rs.1,27,24,148/- 16 2016- 371 - 30 298 43 2 29 12 Rs.1,17,66,536/- 17

It is seen that 12 nos of Sairat sources are still lying unsettled. The Tahasildar is directed to take immediate step for settlement of the unsettled sairat of his tahasil so that Govt. will not be deprived of earning revenue from the said sources.

ANNUAL LAND REVENUE ADMINSTRATION REPORT

As per paragraph 147 of the MTA, the Tahasildar is required to submit a special report to the Collector after the annual verification is completed. This report will be in the nature of an Annual Administration Report in which a review of the Demand, Collection and Balance figures of all R.I. Circles shall be made. The report shall contain qualitative analysis of all aspects of the work of all the Revenue Inspectors and Revenue Supervisors with specific recommendation as per the capability of each of them regarding maintenance of accounts, effecting collection and protecting Govt. properties within their respective jurisdiction.

During Inspection, it is found that no such report has been submitted by the Tahasildar since long. Such in-action violates the provision of the MTA. The Tahasildar is directed to submit the Annual Land Revenue Administration Report for the year, 2016-17 after annual verification under intimation to the Board.

ANNUAL VERIFICATION OF TAHASIL ACCOUNT

The Manual of Tahasil Account ( MTA) prescribes the provision of Annual Verification of Tahasil account vide chapter-V. As per paragraph 145 of the MTA, the Tahasildar shall submit annual verification report to the Collector and on receipt of the report of the Tahasildar, the record maintained at the level of Collector shall be corrected, if necessary, If there is any change in the DCB figure , the revised return shall be sent to the R.D.C and Board of Revenue. This must be completed within a period of 5 months from the close of the Agricultural year.

The Annual Verification of Tahasil Account for the year, 2014-15 & 2015-16 has been done by the A.D.M, Balasore and Sub- Collector, Balasore respectively, and the same has been submitted to the Collector, Balasore.

MINOR IRRIGATION (C.B.W. RATE)

The table below indicates the position of total area certified and area assessed and amount of water rate collected during the last 3 years.

C.B.W. Rate Total Area Area assessed Area not Balance area Assessment for the Year certified (in (in Acre) assessed to be amount ( in Acre) assessed ( in Rupees) Acre) 1 2 3 4 5 6 2014-15 Ac3146.27 Ac3146.27 - Ac3146.27 Rs1,35,654/- 2015-16 Ac3040.37 Ac3040.37 - Ac3040.37 Rs1,32,986/- 2016-17 Ac1900.83 Ac1900.83 - Ac1900.83 Rs47,520/-

CERTIFICATE CASES

The table below shows the position of institution, disposal and pendency of certificate cases during last 3 years i.e 2014-15 to 2016-17.

Year Cases pending at the Cases instituted Total Cases Disposed off Balance Re beginning of the year during the year during the Year mar No of Amount No of Amount No of Amount No of Amount No. of Amount ks cases involved Cases Involved Cases Involved Cases realized Cases Involved 2014- 30 3153620.00 97 81627.00 127 3235247.0 99 209240.00 28 3026006.0 15 0 0 2015- 28 3026006.00 90 291346.00 118 3317352.0 92 486556.00 26 2830796.0 16 0 0 2016- 26 2830796.00 180 106143.35 206 2936939.3 182 293823.35 24 2643116.0 17 5 0

CATAGORYWISE CERTIFICATE CASES PENDING WITH AMOUNT

Sl No Category No of cases Amount 1 2 3 4 1 Land Revenue 9 Rs. 2,478.00 2 Water rate 0 0 3 Misc. Revenue 4 Rs. 23,272.00 4 Sairat 11 Rs. 26,17,366.00 Total 24 Rs. 26,43,116.00 It is seen that 24 nos. of Certificate cases involving huge amount of Rs26,43,116/- is still pending before the Tahasildar-Cum- Certificate Officer as on 01.04.2017. Out of the total un-collected amount of Rs26,43,116/-, Rs26,17,366/- involving eleven sairat cases is still pending which is 99% of the total un-collected amount. The Tahasildar-cum-certificate officer is directed to dispose of the pending certificate cases early as huge amount of Govt. revenue is locked up. 12

CASE REVIEW

LEASE CASE NO. 175/15

This case was instituted under the O.P.L.E Act on the report of the R.I, Paschimbad against one Arun Kumar Ray for unauthorized occupation of Govt.land in plot No. 1110,1113,1116 measuring Area Ac.0.20 dec. under Sarbasadharana Khata No. 704.

The Tahasildar, Jaleswar issued notice U/S-9 of the O.P.L.E Act. to show cause as to why he has encroached upon the Govt. land. The encroacher received the notice and the Tahasildar assessed the penalty at Rs.200/- against the encroacher with a direction to vacate the encroached land and, accordingly, “J” Form was issued by the R.I Paschimbad for collection of penalty. A notice in form “Kha” was issued to the encroacher. As the encroacher did not vacate the Govt. land despite issue of notice in appropriate form under O.P.L.E Act, order was passed by the Tahasildar, Jaleswar on 28.12.2015 to evict the encroacher from the Govt. land.

Against the order of the Tahasildar, the encroacher preferred Appeal before the Sub- Collector, Balasore U/S-12 of the O.P.L.E Act, 1972, and, as such, Appeal No. 121/16 was instituted. The Sub-Collector, Balasore, after hearing the Appellant and the AGP on behalf of the Tahasildar, Jaleswar dismissed the Appeal on dated 27.04.2017 upholding the order dated 28.12.2015 of Tahasildar and directed him to conclude the eviction process early.

From the case record, I found that the Tahasildar, Jaleswar has taken up the case on priority basis with a view to evict the encroacher from the Govt.land. This is, indeed, a praiseworthy step of the Tahasildar to finalize the case within a short period. The Tahasildar is directed to take immediate step to evict the encroacher from the Govt. land.

ALIENATION CASES

No Alienation case is pending in Jaleswar tahasil as no such case has been instituted till end of the year, 2016. Only one case bearing No. 1/2016 has been instituted in this Tahasil under OGLS Act. 1962 on the application of Dy. Register of Co-operative society, Balasore Division for alienation of Ac3.39dec. of land in Mouza- Chalanti in Rakhita Khata No. 386, Plot No- 1926 and 1927 for establishment of Market yard to promote Agricultural Marketing by the Director, Agricultural Marketing, Odisha, Bhubaneswar. The Collector, Balasore vide his order dt. 04.10.2016 alienated Ac3.39dec. of Govt. land in favour of the Co-operative Deptt., Govt. of Odisha. 13

BE-BANDABASTA CASE

The table below indicates the position of institution, disposal and pendency of Be- Bandabasta cases during the year, 2014 to 2017 (as on 30.04.2017).

Total No. of Year Cases Cases Total Cases Balance Khata as per pending at instituted disposed R.O.R with area the begging during the of the year year 1 2 3 4 5 6 7 2014 Nil Nil Nil Nil 2015 Nil Nil Nil Nil 411(Ac172.17) 2016 Nil 411 411 Nil 411 2017 (up to 411 Nil 411 Nil 411 30.04.17)

ENCROACHMENT CASES

The table below indicates the position of institution, disposal and pendency of encroachment cases for the year, 2014-15,2015-16 and 2016-17.

Year No of No. of Total No. of cases disposed of during Total Balance Year wise break-up Cases Cases No. of the year of the pending pending instituted cases cases. at the during begning the year of the year Evict Drop Rejected Settled Rural Urb Total an 1 2 3 4 5 6 7 8 9 10 11 12 13 2014-15 335 162 517 11 10 2 01 24 493 493 Nil 493 2015-16 493 683 1176 206 432 30 189 857 319 319 Nil 319 2016-17 319 699 1018 220 110 232 20 582 436 436 Nil 436

From the above, it is seen that during the year, 2014-15, out of 517 cases, eviction was made in only eleven number of cases and 10 number of cases were dropped and one case was settled. Thus, the eviction was miserably poor. Similarly, during 2015-16 eviction was made in 206 cases out of total of 1176 cases. Govt. land was settled in 189 cases and 432 number of cases were dropped. It is surprising to note on what basis the encroachers have been settled with Govt. land in as many as 189 cases. The Tahasildar is directed to furnish a report stating the basis on which such settlement has been made through the Collector, Balasore. 14

In the Year 2016-17, 220 evictions have been made, 110 dropped, 232 rejected and 20 settled leaving balance of 436 cases. The Tahasildar should make all efforts to evict the encroachers from the Govt. Land on a priority basis.

MUTATION CASES

The table below shows the position of instituation, disposal and pendency of mutation cases during the last 3 years.

Sl No Year No of cases pending No of cases Total No of cases Balance at the beginning of instituted dispose of pending the year during the Year during the cases year 1 2 3 4 5 6 7 1 2014 995 2675 3670 2878 792 2 2015 792 3856 4648 3916 732 3 2016 732 4634 5366 4501 865 4 up to 865 796 1661 822 839 30.04. 2017

APPLICATION FOR DEMARCATION OF LAND

The table below shows the details of application received and disposed of for demarcation of land

Year No of No of Total No of Balance application application application pending at received disposed the during the beginning of year the year 2016 13 125 138 109 29 Up to 29 - 29 - 29 30.04.2017

The Tahasildar is directed to take necessary steps for disposal of pending applications.

DISTRIBUTION OF WASTE LAND FOR HOUSE SITE.

The table below indicates the total no of beneficiary and area of waste land distributed during the last 3 years.

Year Targ Beneficiary Total Progressive distribution et S Are ST Are Othe Are No of Area S Are ST Are Othe Are Tot Are c a a rs a benefici (in C a a rs a al a ary Acre ) 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 1 201 Nil 1 0.0 0 0 0 1 0.04 1 0.0 0 0 0 0 1 0.0 4-15 4 4 4 201 271 2 1.1 20 8.2 36 1.3 271 10.7 2 1.1 20 8.2 36 1.3 27 10. 5-16 9 4 6 6 9 4 6 6 1 7 201 20 1 0.0 19 0.7 0 0 20 0.8 1 0.0 19 0.7 0 0 20 0.8 6-17 4 6 4 6 Tota 291 3 1.2 22 8.9 36 1.3 292 11.5 3 1.2 22 8.9 36 1.3 29 11. l 1 2 5 6 6 4 1 2 5 6 6 2 5

No waste land has been distributed for agriculture purpose during the year, 2014-15 to 2016-17.

CASES INSTITUTED DISPOSED AND PENDING U/S 8(A) OF THE OLR ACT.

The position of cases instituted, disposed and pending u/s 8(A) of the OLR Act is as follows.

Sl Year Cases Cases Total Cases Balance Amount No pending of instituted Cases disposed collected the beginning during during of the Year the Year the Year 1 2 3 4 5 6 7 8 1 2014-15 13 264 277 239 38 Rs. 14,75,421/- 2 2015-16 38 321 359 292 67 Rs. 27,64,809/- 3 2016-17 67 368 435 333 102 Rs. 37,39,819/-

As per the provision of OLR Amendment Act. 1993, the cases under section 8 (A) of the OLR Act are being registered on the application filed by the land owners, Steps should be taken to start proceeding under section 8 (A) of the OLR Act. in respect of all conversions that have taken place and new conversions which are taking place. The Tahasildar should pay special attention on this issue. Collector and Sub-Collector, Balasore should periodically review the matter. 16

CASE REVIEW

O.L.R Case No.220/16

This case was instituted U/S 8 (A) of the O.L.R Act. on the application of one Sri Ashok patra, S/o- Radhakrushna Patra of village, Nandika, P.S- Jaleswar, Dist- Balasore. The applicant has prayed for permission for conversion of Ac0.025 dec. of agriculture land to homestead land. The Tahasildar passed order on 03.09.2016 to issue public notice inviting objection and directed the R.I Jaleswar to submit a detailed report before 20.12.2016, the date fixed for hearing of the case. On 20.12.2016, the case was heard at length and order was passed allowing the prayer of the applicant. The applicant was directed to deposit of Rs10,074/- as a premium. Simultaneously, the Nazir/ R.I. was directed to receive above dues from the applicant and issue M.R / R.R. It is seen from the case record, no further action on the order of the Tahasildar has been taken. The order of the Tahasildar has neither been communicated to the Nazi/ R.I, nor to the applicant. Due to non compliance of the order of the Tahasildar, Govt. is deprived of getting revenue in shape of premium which should have been deposited by the applicant soon after order is pronounced. The Tahasildar should ensure that further course of action is taken on his order in time.

MUTATION CASE NO. 2922/15

This case was instituted on 28.09.2015 on the application of Sri Dinabandhu Das, S/o- Kalicharan Das, of village Begunia, for mutation of Ac.1.16 dec. of Govt. land recorded in Abada Jogya Anabadi Khata bearing No. 1075 and plot No. 1715 and 2115. The Tahasildar sent the case record to R.I. Khuard for further necessary action vide his order dated 28.09.15. The R. I, Khuard issued notice to the applicant and invited public objection fixing 05.11.2015. On 05.11.15, the case was taken up. The applicant was present and submitted relevant document i. e decree of the Civil Judge, Jaleswar in T.S No.113/1995- 729/200. But there is no mention in the order sheet about the presence of the public in response to the public notice. The public notice as well as the notice issued to the applicant doesn’t bear the date of issue. The R.I, however, returned the case record to the Tahasildar for “further suitable step” after recording his verification report regarding involvement of large area of Govt. land in the case. After 05.11.2015, no further action has been taken as revealed from the order sheet. 17

On review of the case record, it is revealed that the applicant got final decree from the Court of Civil Judge (JR. Division) in TS No. 113/1995-729/2000 in his favour. The Civil Judge, Jaleswar, vide his order dated 31.10.2003, has declared the right, title and interest over the aforesaid Govt. land in favour of the applicant and permanently restrained the defendant i.e Govt. of Odisha from entering into the suit land.

It is not understood as to how the cause of action arose after lapse of nearly 12 years from the date of the judgment of the civil court. It is also not understood how the applicant killed 12 years of time to apply for mutation on the basis of the Court’s order which was completely in his favour.It is difficult to know on which date the applicant applied for mutation as the applicant has not mentioned the date The Tahasil office, which received the application, has not affixed office seal and the date as a proof of receipt of the application.

It is seen that the letter reciprocated between Tahasildar and Govt. pleader vice versa, between Tahasildar and Collector/ADM vice versa have been kept in the case record without any recording of order in the order sheet. Thus, these papers cannot form part of the case record which is a judicial proceeding. The above correspondences relate to future course of action to be taken against the judgment pronounced by the civil court. This is purely an administrative matter and should have been dealt in a file.

The Collector, Balasore who has been impleaded as defendant in the title suit must have been aware of the judgment of the civil court as the same would have been communicated to him. I am surprised to know that when Govt. land measuring Ac1.10dec. was ordered to be settled with the encroachers and Govt. was restrained permanently from entering upon the suit land, the Dist. administration is seating idle till date without taking step to challenge the judgment of the civil court in the appropriate court of law.

I find this is a fit case to be challenged and the Tahasildar has rightly referred the matter to the Govt. pleader / Collector seeking next course of action without allowing mutation in favour of the encroacher-petitioner. The Tahasildar is directed to take immediate step to challenge the judgment of the civil judge in appropriate forum in consultation with the Advocate General, Odisha.

Establishment

The staff position as on 30.04.2017 are given below:-

Sl Category of Post Sanction Staff in Vacancy Remarks No Strength Position

1 2 3 4 5 6

1 Tahasildar 01 01 --

2 Addl. Tahasildar 01 01 --

3 Head Clerk 02 02 -- One deputed to Balasore Tahasil

4 Revenue Supervisor 01 01 --

5 Sr. Clerk 07 02 05

6 Jr. Clerk 07 06 1

7 Revenue Inspector 07 06 --

8 L.R.R.I 01 -- 01

9 Driver 01 01 --

10 ARI 06 02 04

11 Daftari 01 -- 01

12 L. Peon 01 -- 1

13 Chainman 02 01 01

14 Orderly peon 01 -- 01

15 Choukidar Cum Sweeper 01 01 --

16 R.S Peon 01 -- 01

17 Office Peon 05 03 02 19

18 Rest sheed Chaukidar 01 - 01

19 R.I Peon 06 04 02

20 P.S 08 05 03

21 Amin 05 04 01

22 Boat Estt.

1. Saranga(Sukani) 01 01 -- 2. Driver 3. Khalasi 02 01 01 02 01 01

23 JC Staff LR Estt. 02 02 -- Deputed to Bhograi Tahasil 1. Chainman

24 Data Entry Operators 03 03 -- On Contractual Basis

It is seen that 5 post of Senior clerk and 1 post of Junior Clerk have fallen vacant for which the official work is suffering. The Collector should take necessary steps for filling of the above vacant post early for smooth functioning of the Tahasil.

WORK ASSIGNED AMONGST THE MINISTERIAL STAFF

SL Name and Designation of the Work assigned NO Employee 1 Hemanta Kumar Bhanja, H.C Assembly Question and overall supervision 2 Ramakrushna Satpathy, Sr. Nizarat, Record Room, Audit Clerk 3 Purnima Majhi, Sr. Clerk Misc. Certificate, Emergency, Touzi 4 Deepankar Rana, Jr. Clerk OLR and attached to Nizarat 5 Purusottam Dey, Jr. Clerk Mutation, Encroachment, Alienation, Bebandobasta Cases, Land of Lord Jagannath and Census 6 Judhistir Soren, Jr. Clerk RTI, OPDR, and CrPc 7 Mina Sing, Jr. Clerk General and Misc. WP (c) and court cases, Issue and dispatch, Land acquisition of NH-60, Establishment, Bill Budget and attached to Touzi. 20

PENSION CASE

There are 4 nos of pension cases pending in the Tahasil for the reason as detailed below-

Date of Whether Name of the submission Present Whether provisional Name of Sl retired/ Date of A.G.(A&G)/c status of provisional pending the P.S.A/ Remarks No. deceased Govt. retirement ontroller pension pension for 3 yrs H.O.O servant Accounts papers sanctioned sanctioned Odisha,BBSR & above 2 3 4 5 6 7 8 9 Final Pending Pension of Sri has not Tahasildar, Deparm 1 Harekrushna 31.05.1999 No been Yes No Jaleswar ental Patra, ex- R.I. sanctioned proceed due to ing proceeding Final Sri Girija Pending Pension Tahasildar, sankar of 2 31.05.2008 No has not Yes No Jaleswar Pati,ex-Sr. vigilance been Clerk case sanctioned Final Pending Sri Bhagaban Pension Tahasildar, of 3 Ch. Nayak,ex- 28.02.2011 No has not Yes No Jaleswar vigilance R.I. been case sanctioned Pension paper Final Sri Who was submitted Pension Tahasildar, 4 Padmolochan expired on vide letter has not Yes No Jaleswar Nayak,Ex-P.S. 28.12.2012 No.4404 been dt.06.10.20 sanctioned 15

GOVERNMENT QUARTER

Inside the campus of Tahasil office, 4 no quarter including the quarter of Tahasildar have been constructed since long. All these quarter are lying vacant as the same are inhabitable as water enter inside the quarter in rainy season. Moreover, the quarter are in a dilapidated condition. Proposal has been submitted for construction of one “D” type quarter for the residence of Tahasildar, Jaleswar at an estimated cost of Rs. 25.07 Lakhs. It is stated that the proposal is pending with R&DM Deptt. for sanction of funds. The Collector, Balasore should pursue the matter for obtaining the sanction of Govt. at an early date. 21

INSPECTION REPORT (I/R)

The position of outstanding paras of I/R of A.G. Odisha, Bhubaneswar in respect of this Tahasil is shown below:-

Sl. No. I/R No. Paras out standing Present Position Remarks

1 2 3 4 5 1 27/05-06 02 02 nos. of paras suggested for settlement in the last triangular meeting held on 19.04.2017.

2 36/08-09 01 Compliance submitted.

3 878/08-09 01 Do 4 43/11-12 04 Compliance submitted and 02 nos. of paras suggested for settlement in the last T.C meeting held on 19.04.2017 and 20.042017.

5 451/11-12 01 Para suggested for settlement in the last T.C meeting held on 19.04.2017 & 20.04.2017

6 436/05-06 01 Compliance submitted

Total 10

AUDIT REPORT (A/R) The present position of outstanding paras of Audit Report is given below:- Sl. No. A/R No. Paras outstanding Present Position Remarks 1 62/92-93 83 Compliance submitted vide letter No. 1772/ dt.30.03.17 2 2/93-94 11 Do 3 53/94-95 10 Do 4 34/95/96 02 Do 5 19/96-97 29 Do 6 14/99-2000 09 Do 7 12/01-02 10 Do 8 30/98-99 10 Do 9 30/14-15 117 Do 10 26/02-03 11 Do 11 49/2000-01 10 Do 12 06/04-05 11 Do 13 75/06-07 46 Do 14 32/06-07 09 Do 15 19/90-91 01 Do 16 31/91-92 02 Do Total 371 22

MISC. CERTIFICATE

The table below indicates the position of disposal of Misc. Certificate during the year, 2016 to 2017 ( up to 30.04.17).

Sl. No. Type of Pendency as Case Total No. of cases Pending as Misc. on received Cases disposed as on Certificate 31.12.2016 during on 30.04.2017 01.01.2017 30.04.2017 to 30.04.201 1 2 3 4 5 6 7 1 SC 110 664 774 599 175 Certificate 2 ST 195 597 792 454 338 Certificate 3 OBC 68 350 418 317 101 Certificate 4 SEBC 119 828 947 772 175 Certificate 5 Legal heir 79 54 133 31 102 Certificate 6 Residence 82 1800 1915 1718 197 Certificate 7 Income 124 684 808 640 168 Certificate 8 Solvency 02 01 03 02 01 Certificate

The Tahasildar is directed to dispose of all the pending applications as early as possible.

CORRECTION OF R.O.R

The table below will indicate the position of correction of R.O.R during the last 3 years.

Year No Cases No. Cases Total No. No. of Balance Remarks pending at received of cases Cases the during the begging of year disposed the year 1 2 3 4 5 6 7 2014-15 304 3763 4067 3658 409 2015-16 409 3700 4109 3660 449 2016-17 449 5207 5656 4517 1139

The Tahasildar is directed to dispose of the balance cases immediately.

COLLECTION OF USER FEES

User fee worth Rs. 67,34,274.23 has been collected as on 30.04.2017. The detailed position are as follows-

1. User fee collected as on 30.04.17- Rs. 67,34,274.23/- 2. Amount deposited in the Govt. Exchequer- Rs. 19,78,586/- 3. Dist. e-governance society- Rs. 44,188/- 4. Expenditure- Rs. 14,63,447/- 5. Tahasil office share- Rs. 32,48,053.23/-

COURT FEE REGISTER

A court fee register is being maintained in manuscript form. It is revealed from the Court fee register that the following amount of court fee has been collected during the year, 2014- 15 to 2016-17.

Sl No Year Court fee collected 1 2 3 1 2014-15 Rs. 690.00 2 2015-16 Rs. 985.00 3 2016-17 Rs. 2,170.00 Total Rs. 3845.00

INPUT SUBSIDY AND EX-GRATIA-

An amount of Rs. 4,84,70,341/- has been received from Collector, Balasore towards payment of input subsidy and Ex-gratia to the cultivator who suffered crop loss in the year, 2013. Rs. 3,83,77,463/- has been distributed and balance amount Rs. 1,00,92,378/- has already been surrendered to District office vide DD No. 110426 dt. 06.05.2016 vide this office letter No. 2033 dt. 06.06.2016.

COPY APPLICATION-

The following table indicates receipt and disposal position of copy application in Jaleswar Tahasil-

No of CAs No. of CAs Total No. of CAs Balance pending as received during issued during on 31.12.16 01.01.17 to 01.01.17 to 30.04.17 30.04.17 67 995 1062 1025 37 The Tahasildar is instructed to take immediate step to supply certified copies to the applicants on the pending applications.

MODERN RECORD ROOM

A separate building has been constructed for accommodation of Modern Record Room inside the Tahasil office campus. Due to non completion of electrification work, further progress of the work is held up. The Tahasildar is directed to pursue the matter with the concerned authority for early completion of the work.

NIZARAT SECTION

Sri Ramakrushna Satpathy, Sr. Clerk is in-charge of Nizarat Section of this Tahasil. Prior to him, Sri Mahendra Kumar Nayak,Sr.Clerk was in-charge of Nizarat Section. The general cash Book of Nizarat as on 28.04.2017 shows a closing balance of Rs. 3,91,43,850.87. The detailed cash position is as follows:-

Sl No SR Wise Amount in Rs. 1 2 3 1 SR-I (Map & Audit) Nil 2 SR-III (Land Acquisition-NH) Rs. 63,75,295/- 3 SR-V (Salary of Establishment) Nil 4 SR-VII (flood, Fire & Relief) Rs. 2,01,10,122/- 5 SR-VIII (Election & Census) Rs. 5,33,684/- 6 SR-X (Contingency) Rs. 3,48,551/- 7 SR-XIII (Land Revenue) Rs. 1,15,18,359.85/- 8 Unclassified amount Rs. 2,57,839.02/- Total Rs. 3,91,43,850.87/- 25

It is explained that out of total closing balance of Rs. 3,91,43,850.87, Rs. 3,89,87,707.87 only has been deposited in State Bank of India, Jaleswar Branch.

Sl No Pass Book, Advance & in Amount in Rs. cash 1 2 3 1 Pass Book Rs. 3,89,82,595/- 2 Advance Rs. 1,56,143/- 3 In Cash Rs. 5,112.87/- Total Rs. 3,91,43,850.87/-

A sum of Rs. 1,56,145/- only is outstanding as advance against person, agencies and beneficiaries. A sum of Rs. 1800/- only was paid from available cash to Smt. Sitamani Soren, W/o- Late. Rama Chandra Soren towards obseque amount. The Tahasildar should look into the matter for effecting necessary adjustment.

VEHICLE:-

The Tahasildar, Jaleswar was using a Diesel Jeep bearing no. OR-05A-8188 which completed 20 years of life-span and travelled 2.9 lakh Kms. The vehicle was declared condemned by the RDC (CD) and the Tahasildar was authorized to dispose of the vehicle through auction vide his letter no. 2276 dt. 23.02.16. The M.V.I has fixed up the upset price at Rs. 35,000/-. But no auction has been done by the Tahasildar till date. The Tahasildar is directed to auction the vehicle immediately and dispose the same.

It is stated that proposal has been submitted to the Collector for purchase of new vehicle for use of the Tahasildar. But no action has been taken on the same. The Collector, Balasore should pursue the matter with the Govt. for sanction of a new vehicle for use of the Tahasildar.

The Tahasildar is now using a private Bolero on hire basis since 26.10.2015 at the monthly charge of Rs. 15,500/-.

TELEPHONE:-

One telephone bearing No.222224 has been installed in the Court room of the Tahasildar with internet connection. The telephone charges for the year 2016-17 amounting of Rs. 19,815/- has been paid.

GENERAL:-

The Tahasildar office is not in good shape and its functioning needs considerable improvement. As the Tahasildar, Bhograi is in Additional Charge of this Tahasil, it may be difficult for him to manage the official work of both the Tahasil in a smooth manner as he is overloaded with miscellaneous work like, law and order, emergency, relief fairs and festivals which has led to neglect of office routine and genuine revenue functions.

The Tahasildar and Addl. Tahasildar should start taking measures forth with to correct the state of affairs of the Tahasil where ever necessary. The Sub-Collector as the immediate supervisory officer, must devote personnel attention to ensure that, this Tahasil is able to set the matter in order.