ROLE OF DISTRICT MAGISTRATE —A CASE STUDY OF ALIGARH DISTRICT

THESIS SUBMITTED FOR THE AWARD OF THE DEGREE OF jiottor of $I)ilQS(op()p IN POLITICAL SCIENCE

BY MUHAMMAD IQBAL KHAN

Y A-^-5^f:> Under the Supervision of PROF. (MRS.) ABIDA SAMIUDDIN

DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 1993 INTRODUCTION: ^ ""

District has been the basic unit of administration in India since the times of Manu. The pattern of admi­ nistration offered by Mauryas was highly centralised. During the period of Mughals, the revenue administration was separated from the general administration. The pre­ sent Institution of the Collector has been directly de­ rived from the Company administration, dating back to 1772. The Indian Council's Act of 1861, tenancy laws and the thr«e codes - the Penal Code, The Criminal Pro­ cedure Code, and the Civil Procedure Code cxijrtalled the executive and discretionary authority of the District Officer. But, he continued to be the chief agent of government in his district. With the passage of time the duties of the District Officer and methods of performing them have undergone a gr«at change.

Towards 1919, the Montagu-Chelmsford Report proposed that the District Officer had a dual capacity - as a Collector, he was head of the revenue organisation, and as a Magistrate, he exercised general sipervlsion over the inferior courts and looked after some specific police work. By 1939, with Congress Government, the emphasis had changed; it paid more attention to the programmes of rurel ipliftment, cooperative banks and village panchayats. Now his first concern was reconstruction and development of rural areas.

After attainment of Independence/some structural, functional and organisational changes occured in the district administration. The aims behind these changes were not to reject completely colonial system of adminis­ tration but to meet the requirements of newly elected government in order to realise, the hope and aspiration of the people and ^eed up or rebuild shattered economy of the country. The office of the District Officer has also changed fundamentally in terms of its prestige and powers. In a predominently agrarian country like India, the dis­ trict administration is the actual government in action for the overvrfielming majority of the people.

The district administration is basically revenue administration. The Collector is in direct charge of land revenue and its collection. The land reforms like Zamin- dari abolition, tenancy reform, ceiling on land holdings and consolidation of land holdings have imposed additional burden on the District Collector. Instead of dealing with a few intermediaries, responsible for the payment of land revenue, he has now to deal with hundreds or thousands of cultivators in connection with land revenue, canal dues, taccavi loans and many other such things. But if we seriously examine entire revenue machinery of the district, we will find that the main structure as well as methods of the administration are more or less the same as they were before independence.

As a Magistrate the District Officer has to maintain law and order and sipervises over magisterial courts. His later function has been affected in those States v^ere the system of separation of Judicial and executive functions has been introduced.

The District Magistrate maintains law and order with the assistance of the District Police and a number of other agencies. Here he occasionally comes in conflict with the S. S.P. of the district.

The District Officer has been primarily the field agent of the government and symbolises local adminis­ tration in the district. The acceptance of the scheme of democratic decentralisation by States was bound to have a far-reaching effect \xpon district administration. In order to decide actual position of the District Officer in PRIs, various deliberations were held and two views were finally- emerged. One was that it was wrong and undemocratic to make the District Officer chairman of the Zila Parishad, it was equally wrong and ill-advised to keep him outside the Panchayati Raj system. But,/the Panchayati Raj Act of 1993, which introduces the farreaching changes in the Panchayati Raj System and the growing quantum of develop­ ment programmes, the question of the role of District Officer has assumed new dimension.

The execution of a plan, either Five Year Plan or rural transformation programmes, is ultimately the respon­ sibility of the district administration. Now eniphasis in relation to the responsibilities of the D.M. is shifting away from law and order and regulatory functions to deve­ lopment and coordination.

An idea to abolish the office of the District Officer or to make him the chief executive of the Zila Parishad did not gathered enough svpport in its favour. There are psychological reasons as well as practical difficulties in adopting this idea.

The present role of the District Officer in Uttar Pradesh vis-a-vis development administration can hardly be said to be different from rest of the country, except Maharashtra, Gujarat & Andhra Pradesh. According to Adhiniyam, 1961, the Zila Parishad in Uttar Pradesh was given both sxpervisory and some executive functions. The District Officer is entitled to attend the meetings of Zila Parishad and participate in discussion without any voting right.

The various development schemes have increased the woi* load over the DLstrict Officer. In order to make development meaningful and effective a separate depart­ ment of development was created and all work relating to it was referred to the AIM (Planning) vtho was renamed as Chief Development Officer. He assists the District Officer in development work of the district.

The object of the present study is to analyse the role of the District Officer in his different capacities with special reference to Aligarh district. ^

PuiTPOse and Significance*

The main purpose of the study is to analyse the res­ ponsibilities of the District Officer in general and Aligarh District in particular with a view to make an addition in the existing literature which may form the foundation for further theoretical and empirical research. More specifically the study aims att

1. to examine proliferation of institution of the District Magistrate through different stages and deduction and induction of various powers from his position. >^

2. to study role of the Collector in revenue admi­ nistration and importance of his revenue collec­ tion work in the light of various land reforms.

3. to evaluate the impact of delegation of powers & duties of the District Magistrate to the newly created post of the AIMs.

4. to find out the problems of coordination and cooperation among different departments of the district.

5. to study the role of the District Magistrate in maintaining law and order and the pressures which restricts him from performing this duty effectively. 6. to assess the effects of unnecessary dichotomy of sipremacy between the District Magistrate and the Superintendent of Police.

7. to study the actual position of the District Officer in development administration of the district.

8. to study the factors responsible for the politicl- sation of the district administration and highlight its serious consequences adversely affecting the rapid development process.

9. to find out reasons responsible for losing faith and confidence of people in administration specia­ lly in the present scenario flnd in the light of the above study. 10. to make some concrete and viable suggestions for making the role of the District Officer more effec­ tive and meaningfiAl.

Research Methodology:

The Aligarh District has been purposefully selected for the intensive study and survey because of its histori­ cal importance, ~ size/ -6uo (wuJ o^d-z^r {a^^ a.^^ UL- 8

In course of study both primary and secondary data have been used for completing this presentation. During the survey personal contacts and enquiries were made with the heads of different departments as well as officials of various ranks in the hierarchy of the district. Their suggestions were sought to bring coordination, override unnecessary confrontation and confusion, bring idea of mutual understanding rather than svpremacy and realise smooth functioning of the district administration for efficient and effective implementation of the policies.

The utility of revenue function of the Collector has been studied in the context of declining revenue because of small land holdings as well as information was gathered from the field agencies of revenue machinery. The relevant books and Journals were carefully studied for depicting correct position of the Collector. Apart from this, sources like survey reports of Panchayati Raj Institutions, district census, district gazetteers, re­ ports of distribution of business among different offi­ cials of the distirict, revenue manuals, reports of the government of India,etc. were studied for the purpose of cross-checking.

In order to highlight declining role of the Dis­ trict Magistrate in maintaining law and order, the role of police as well as armed forcesi annual progress reports of the district police, papers of delegation of powers, expansion of police organisation, etc. were extensively used.

In order to depict correct position of the DLstrict Officer in development administration of the district, his role in Zila Pari shad and District Development Board was carefully studied, ^art from this, to examine the progress of development in the district, the woriting of IRDP and its impact over the people was thoroughly studied and information was collected through informal discuss­ ions with benefeciaries getting help under this develop­ ment programme. The discussions were arranged individu­ ally as well as in groips. This method was found very useful for collecting the correct information.

Scheme of Chapterisation.^:

The entire study has been divided into following six chapters*

Chapter-I is a detailed coverage of the Evolution of the Office of the District Officer. It is this institution which served people through different ages and ventilated their grievances in most effective manner even after deduction of various powers/powers deOegated to different heads of the district. 10

Chapter-II is divided into two sections. Section A covers diffei-ent patterns of land system, rights of tenants before and after the land reforms and the duties of the Collector as well. Whereas, Section-B reviews the Revenue Collection Machinery of the district in detail.

Chapter-Ill defines in detail the Role of the District Officer as a Magistrate in maintaining law and order in the district, i^art from it, the role of civil police and armed forces, \rfiich are main instruments in main­ taining peace and tranquility, are also examined in order to depict declining position of the District Magis­ trate in this sphere.

Chapter-IV is entitled as Development Administration, ^ Local Administration and the District Officer. It covers actual position of the District Officer in development administration of the district and his relationship with Panchayati J^J institutions.

Chapter - V again divided into Section A and B, and is an elaborate study of the reaponsibilites of the District Officer particularly in Aligarh district in relation to revenue law and order, Panchayati Raj Institution, Dis­ trict Development Board etc. 11

The concluding Chapter VI is the simmary and contains observations based on the study. If these observations along with the other ones given in the preceding chapters aire taken seriously, it may likely improve the efficiency of district administration. Another landmark in the evolution of District Officer was the period of Mughals. "The Mughals separated the Diwani or (Revenue Administration) from the Faujdari or (General Administration). The Amil Guzar (Krori) of a Sarkar (District) was mainly concerned with the revenue administra­ tion to complete his annual collection target to become a Karori (one vt)o realises the taxes to the time of a hundred million n^sees for the treasury) for v^ich he could, if necessary, determine the direction of the forces under the Fau^dar'.' With the decline of Mughal Empire, the office of Karori Faujdar also suffered a decay and finally disa^jpeared.

The present institution of the Collector hse been directly derived from the company administration dating back to 1772. In that year the East India Company finally decided to stand forth as Diwan and carry on the entire administration of revenue through the agency of company's servants. The Regu­ lation of 14th May 1772 provided for the appointment of Collector in each district. Those former sipervisors, appoin­ ted in 1769 to superintend the collection of land revenue, were nominated as Collectors. The new officers were autho­ rised to manage and collect land revenue in their districts. They could also settle revenue cases and civil cases effec­ ting property.

However, these arrangement remained for short duration and under orders from the Court of Eirectors, the Govemor- 3. Sadasivan, S. N.: District Administration, IIPA, New Delhi, 1968, p.2 GeneraO.-in-Council recalled the Collectors ffom the district in January 1774. This recall of Collectors resulted in dis­ locating revenue administration. So, the Collectors were brought back in 1781, but with reduced authority. They have enjoyed Judicial authority as well as the authority of making revenue settlements.

The struggle regarding the recognition and acceptance for the role of la.strict Officer between the Comwallis school and the Munro school could be encoded here. " The Comwallis school of district administration was based on the principle of 'checks and balances' and division of powers. It was opposed for concentration of too much authority in the hands of the Collector, and believed in an&Iicizing the indigeneous administrative system. While, the Munro school was impressed by the Mughal tradition of concentration of powers in the hands of one man making him the i?eal ruler of 4 the area in his charge"

It was only in 1786 that the 'tale of experiment and confusion came to an end when a firm decision was taken by the court of Directors of East India Conpany regarding the position of the district and the Eistrict Officer in the scheme of Indian administration. The Collector, under the

4. Strokes, Erick: " The English Utalitarians and India" , The Clarendon Press, Oxford, 1959, pp. 1-3. new arrangement, emerged with increased authority combining himself the functions of Revenue Collector, Judge and Magistrate. He assessed, and collected land revenue, tried criminal, civil and revenue cases. Further, he was made responsible for maintaining peace in his area. " It was felt that the new administrative arrangement would strengthen the sovereignty of the country and the powers of the exe- 5 cutive" .

The next change in the fortune of Collector's office came with the advent of Comwallis. He did not like the combination of such powers in one office. His Reform of 1793 diverted the Collector of his judicial and magistrial functions. These functions were handed over to the newly created office of the District Judge and Magistrate. So, the Collector remained only a fiscal agent to collect land revenue, while the District Judge and Magistrate became the head of the district. But in 1822 the Collector was again vested with authority for the settlement of land revenue and maintenance of peace.

During the period 1818 to 1858, the Magistrate and Collector in the provinces such as Madras, Bombay and North Western Provinces, following the Munro pattern of district administration was an effective and powerful ruler of the area in his charge and exercised wide discretionary powers. 5. Ai^inall, A: Comwallis in Bengal, Manchester University Press, 1931, p. 132. 8

He was " practically a local governor, exercising wide- ranging superintendence over his district. Ihe Province of Bengal, on the contrary, did not have such a represen­ tative of government in its districts viho could occtqpy a position of pre-eminence and primary and watch over and promote the general welfare, from every point of view, of the people committed to his charge"

Moreover, the " Bengal System of district administra­ tion under which the District Officer was a mere revenue Collector underwent a change in 1859 • On the recommenda­ tions of Halliday, the first Lieutenant-Governor of Bengal, of Dalhousie, and of Canning, it was decided immediately after the mutiny to bring Bengal in line with other provinces by having its districts under a District Magistrat and Collector. The effect of the mutiny, though subtle, was decisive on the role of the District Officer. It brought the paternalist system to the height of favour in British 7 estimation" . On the recommendation of the Governor-General, the Secretary of State decided in 1859 to revive the office of Magistrate-Collector. The Collector was also given control

6. Lovett, H.V. •.••District Administration in Bengal(1818-1856)," The Cambridge History of India, Vol.VI, ed. H.H.DDdwell, S. Chand& Co.New Delhi, 1958, p.29. 7. Chaturvedi, T.N. & Jain, R.B.: •• District Administration" II PA, New Delhi, 1980, pp. 17-18. over the 'police establishment' . Althou^, in 1861 the district police administration was put in charge of a separate Superintendent of Police(SP). Thus, the District Officer, once again, being the sole head of the district was practically a local governor. Because of exercising a wide-ranging superintendence over his district he was regarded by the people as their helper and ruler. Not incorrectly did 'The Imperial Gazetteer of India' observe; " A Collector of strong and sympathetic character and with the gift of insight may gain the strongest hold over the affections and imagination of the peasantry, and takes of his sagacity and good deeds will be told in remote villages many years after his name has ceased to be borne on the Q civil list of his province" .

With the advQit of Secretary of State or the gover­ nance of India by the name of Crown, it was " a widespread belief that the Company's former actions had often been 9 illegal" and, therefore, "must be regularised" . The Indian Council's Act of 1861 was followed by the passing of land revenue, and tenancy laws and by the thr«e codes - the Penal Code, the Criminal Procedure Code, and the Civil Procedure Code. These legislations curtailed the executive

8. The Imperial Gazetteer of India, Vol.IV, Oxford, Clarendon Press, 1909, p.52. 9 . Thompson, E. & Garrant, G.T.; Rise and Fulfilment of British Rule in India, Central Book Depot, Allahabad, 195A, p.424. 10 and discretionary authority of the District Officer. The Collector, however, continued to be the chief agent of government in his district, he continued to be responsible for its law and order and well-being. But as time passed, his duties came to be discharged in different manner and by changed methods.

The increasing public activities led to the extension of administration among various new departments, which were of highly specialised nature, shared most of the duties for which the District Officer remained exclusively res­ ponsible. Increasing activities necessiated the technical knowledge which could be possible through fecial training. Various activities of the district which remained under the control of Collector were replaced by that of departmental chiefs. There developed right throu^ the system " a grow­ ing rigidity, hardening of asteries, an increasing unifor­ mity, a sense of superiority and a lack of human sympathy, more red-teqje, more office work loss of the old direct 10 human rule of one man ...." . The District Officer used to pass now more of his time at the headquarters rather than on tour. The close relationship between the government and local officers made it increasingly necessary for the latter " to solicit sanction before taking action and not

10. Woodruff, Philip.; The Men who Ruled India: The Guardians, London, 1954, p. 14. 11

to act in anticipation of it"

In this crucial stage, Sir George Campbell, one of the trustworthy of the paternal school, was appointed Lieutenant Ck)vemor of Bengal. He asserted ** to govern actively" 12 , by which he meant " to use the power and influence of the executive more actively and decidedly in promoting .... the honest performance by each class of the obligations which undoubtedly attach to it by law or otherwise...." ^. His intention was to strengthen the position of the District Officer in the district, in order to help government in governing more efficiently. Moreover, he was keen to see that " district level officers of specialised departments should not have too many masters and that the District Officer should control the local 1A departments"

He, thus, proposed changes to make the heads of depart­ ments the agents and inspectors on the part of government, aid, guide their local officers, each in his own department, without exercising local authority over them. He intended

11. O'Kalley, I.S.S., The Indian Civil Service, 1601-1930, John Murray, London, 1931, p. 110. 1?. Buckland, C. E.; Bengal Under the Lieutenant-Governors, Vol.1, Calcutta (Second edition), 1902, p.519. 13. Ibid. 14. Report on the Administration of Bengal, 1871-75, Calcutta, p.65. 12

to make " the Magistrate-Collectors, no longer the drudges of many departaents and masters of none but infact the general controlling authority over all departments in each district .... the real executive chief and administrator of the tract of country committed to him, and sx^reme pov«rer over everyone and everything, except the proceedings of the Court of Justice" 15 •

In 1892, a clear description of the position of Collector has been given by Sir William Hunter, asi " The District Officer, whether known as Collector-Magistrate or as Deputy Commissioner, is the responsible head,of his juris­ diction. Upon his energy and personal character depends ultimately the efficiency of our Indian government. His own special duties are so numerous and so various as to bewilder the outsider; and the woxic of his subordinates, European and native, largely depends upon the stimulus of his personal example. His position has been conapared to that of the French Prefect, but such a comparison is unjust in many ways to the Indian District Officer. He is not a mere subordinate of a central bureau, \^io takes his colour from his chief and represents the political parties or the permanent officialism of the capital. The Indian Collector is a strongly individualised worker in every department of

1 5. Report on the Administration of Bengal, op.cit., pp.66-67. 13

rural well-being, with a large measure of local indepen­ dence and of individual initiative. As the name of Collector^Magistrate inplies, his main functions are two fold. He is a fiscal officer, charged with the collection of the revenue fi'om the land and other sources. He is also a revenue and criminal judge, both of first instance and in appeal. But his title by no means exhausts his multifarious duties. He does in smaller local sphere all that the Home Secretary siperintends in England, and a great deal more; for he is the representative of a paternal and not a Constitutional Government. Police, jails, educa­ tion, municipalities, roads, sanitation, dispansaries, the local taxation, and the Imperial revenue of his district are to him matters of daily concern. He is esqpected to make himself acquainted with every phase of the social life of the couitry. He should be a lawyer, an accountant, a sur­ veyor, and a ready writer of State papers. He ought also to possess no mean knowledge of agriculture, political, economic^ and engineering" 16

Hence, clear and confusionless authority of District Officer was realised to his dealings with the police in the district. Further, other district level chiefs were not so clearly put under his direct contix)!. In matter of

15. Report of the Indian Statutory Commission, Cmd 3568, London, H.M.S.O., 1930, p.281. 14

technical aspects of their operations they were regularly guided and sqpervised by their s^)eriors at the provincial headquarters, though even here plenty of vagueness and embezzlement were observed. However, this did not \xp to a great extent affected his superiority within the area of his authority, it excessively increased his office vrork and also reduced his capacity to deal directly and perso­ nally with the affairs of his district. Near the end of the viceroyalty of Lord Curzon it became increasingly clear that civil servants in districts '* were generally tied to their desks and found little time for informal contact with the people of their districts" ^.

The Royal Commission upon Decentralisation( 1909) mentioned the functions and powers of the District Collector in the following way.

" Each district is under a Collector v>*io is the local representative of Government in its general dealings with the people and is also the District Magistrate. As a Collector, he is not merely responsible for the collection of most branches of revenue, but is concerned with the manifold relations existing between Government and the agricultural classes, which represent ta^-thirds of the total population of British India. Thus, he is concerned

17. Lovett, K.V.; op. cit. ,p. 252. 15 with questions relating to the registration, alternation relinquishment/partition of and holdings which pay revenue direct to Ckjvemment and in the greater part of India has to deal in this respects with an immense number of petty peasant proprietors. He is likewise in most provinces concenied with the adjudication of disputes between land lord and tenacies and also with the administration of estates taken under the management of the courts of wards. He has to keep a careful watch over the general circums­ tances of his district and in times of ^mine or severe agricultural distress, he is responsible for the adminis­ tration of relief and other remedial measures. It is his duty to guide and control the working of Municipalities and he is often the actual chairman or presiding officer of one/more of these. He usually, also, presides over the District Board which maintains roads- Schools and dispen­ saries and deals with vaccination and sanitary improvements in rural areas. Finally, he has to furnish infomiation on all important occurances in the district and he is called upon the advise on any general schemes affecting it which may be under consideration" 18 .

The changes which came forward by the Reforms of 1909 were not supposed to affect district administration, though in the secretariats " men wondered how it would be possible to carry on Government at all. Indeed, all through 18. Report of the Royal Commission Upon Decentralisation in India, Vol.1, 1909,p.539. 16

the reforms period, the District Officer took things less tragically than his masters" . Accordingly, District Officer was greatly overburdened with office work and it could not be expected from him " either to become well- acquainted with the people of his district or exercise over his subordinates that watchful and sympathetic control that is essential to good administration" 20 .

One thing observed with Reforms of 1909 was that District Officer was greatly weakened in his position. Despite this, officers of different special departments remained general representatives of the government in their district, and up to an extent influenced the policy matters. The District "is always "there in the background to land his svpport or, if need be, to mediate between a specialised 21 service and the people" . He still acted as 'a direct representative of Government to vAiom complaints on every conceivable subject can be addressed and through whom the Government can act" 22

The Morley-Minto Reforms of 1909 marked the end of '• The Golden Age of Bureaucracy" . Despite the gradual

19. .«oodruff, Philip, op.cit., p. 218. 20. Report of the Bengal District Administration Committee, 191>14, Calcutta, p.18. 21. Report on Indian Constitutional Refonns, Calcutta, 1918,p. 180 22. Report on Indian Constitutional Reform, op. cit. ,p.81. 17

dimination of his authority and influence, the District Officer continued to be the need of the district. He was virtually the monarch of the district.

Position of District Officer in a period of Reforms ;

" The ICS had been a great ruling corporation and had not been a civil service in the English sense. The ICS man had been mainly responsible to men in his own service, and ultimately to the Secretary of State for India. He had weilded administrative, executive. Judicial and political power. It was the system of government in the ultimate analysis, the government itself. But under the Montagu - Chelmsford Reforms of 1919 all this had to go" . The ICS were to work in the context of a new power^structure which had come into existence with the implementation of the reforms in the form of legislative council in which the majority of the members are elected. The new power affected district administration in many ways.

The influence of the new Legislative Council accen­ tuated the tendency to make departmental activities indepen­ dent of district officer, especially in the transferred departments, such as education, excise, agriculture, coopera­ tive credit and industries. Under the old set-ip, the advice

2 3. Chaturvedi, T.N. & Jain, R. B.; op.cit., p.21. 18 of the District Officer was sought on questions of policy, and reliance was placed on the advice to gave. Under the new system, although the District Officer was still con­ sulted, the view of the Legislative Council and local politicians came to carry more weight than before, and the decisions on both questions of policy and matters of local importance came to be governed by considerations of politi- cal expediency" . The I'kjntagu- Chelmsford Report proposed the position of the District Officer in the following way; " The District Officer has a dual capacity; as Collector, he is head of the revenue organisation, and as Magistrate, he exercises general sipervision over the inferior courts and in perticular police work. In areas where there is no permanent revenue settlement, he can at any time be in touch with, through his revenue subordinates every inch of his territory. Several other specialised services exist with staff of their own. But in varying degrees, the District Officer influences the policy in all these matters and he is always there, in the background to lend his siJpport or if need be to mediate between specialised civil service and the police" .

2^. Report on the Working of the Beforned Constitution in Bengal, 1921-27, Government of Bengal, Appointment Department( Reforms), Bengal Secretariat Book Depot, Calcutta, 1929, pp. 188-189. 19

These reforms did not curtailed the duties of the District Officer as Collector while the lUstrict Officer as Magistrate, more or less in all the provinces, had a much more anxious time during the reforms period than before. His inpojrtant duty was to resist or prevent the non-cooperation movement and serious clashes between Hindus and Muslims which were steadily growing on number of occasions.

A primary change that came in the position of District Officer because of reforms was a change in res­ pect of his relation with local bodies. This change was 25 " by far the greatest" . " His function vis-a-vis the local bodies, particularly the district board, became limited to the right to intervene, to prevent action cal­ culated to lead to a breach of the peace or to grave injustice to sections of the population, and to the duty of inspecting the local bodies and reporting his views to the ministry. It was an extension of the principle of 26 dyarchy into the districts" .

25. Report on the Working of the Reformed Constitution in Bengal, 1921-27, op.cit., p. 189. 26. Memorandum submitted by the Government of Bihar and Orissa to the Indian Statutory Commission, Vol.XII, HMSO, London, 1930, p.292. 20

Large number of district ICS officers did not appreciated the reforms put forward by the Montagu- Chelmsford proposal . " Even a small measure of popular control, considerably diluted though it was, appeared to them to undermine the whole administrative structure built up assiduously by their predecessors" 27 . The report of the Government of Bihar and Orissa on the Working of the Reformed Constitution 1923-26, is representative of the views of such a critical and hostile section of the members of the ICS. It asserts, " The position of the District Officer has definitely changed for the worse .... the new system has inevitably diminished his efficiency" . The U.P. Legislative Council appointed a Committee to cooperate with the Indian Statutory Commission. The report of the Committee proposed a different view, to some extent, because it was presided over by a non-official and consisted of members of the council. • It is true that there is tendency on the part of government which has to Justify its actions before a legislature, not to leave entire discretion in the hands of their local officers. This may have resulted in some curtailment of the exercise of the powers vested in the District Officer, but no concrete cases have been cited

27. Chaturvedi, T.N.& Jain, R.B.; op.cit., p.22. 28. Report on the Reformed Constitution (1923-26) in Bihar & Orissa. See, Reports on the Working of the Fteformed Constitution, 1928, p.424. 21 to show that the District Officer has found himself hampered in the discharge of his burden of responsibility under the existing system of government" '^* In general the ICS opposed the Montagu-Chelmsford reforms and consi­ dered the Act of 1919 " as a fatuous, foolish and premature measure which was doomed to failure. It had to be proved a failure regardless of the fact that in providing it a failure, the flames of a wider and much more ambitions movements were being fanned by these bureaucratic and 30 wrecking Bourbons..." .

Moreover, proposed reforms did not curtail the dual authority of the District Officer and he still remained " the principal executive agent of government, the one man who can get things done, whether it be the repression on the outbreak of disorder.... or the initiative of a child welfare movement...." 3 1 . He was still 'my bap' among the inhabitants of the district. He still remained whole- sole authority of patronage powers and made responsible for making of appointments. He nominated memberships of all

29. Report of the Committee appointed by the United Provinces Legislative Council to Cooperate with the Indian Statutory Commission, 1929, p.25. 50. Wilson, Fredrick William; The Indian Chaos, London, 1932, pp. 29-30. 31. Memorandum submitted by the Government ol the United Provinces to the Indian Statutory Commission, Vol.IX, HM30, London, 1930, p.47. 22

local bodies. He also granted seats at ceremonial func­ tions like 'durbars' and conferred Indian titles, honours and rewards.

Another landmark in the evolution of office of the District Officer was proposal of Simon Commission. He was not in favour of ministry the position of the Eistrict Officer. He asserted that rather than changes or adjust­ ments, the District Officer must be a very Important person in the district, " the embodiment of effective authority, and the resource to whom the country-side turns in time of difficulty or crisis" • Thus, the Commission highlighted the relations between the District Officer and the district heads of technical departments and the Superintendent of Police in order to ensure the primary of the former as the head of the district and proposed that " except in matters of the pure routine the Collectors must be informed of almost every activity in all these departments" .

Effects of the Provincial Autonomy on the position of District Officer *.

The Reforms of 1919 made the District Officer able to adjust himself, even with repugnance and sometimes unhealthy

3 2. Indian Statutory Commission Vol.1 ,HMSO,London, 1930,p.291. 33i Ibid, p. 286. 23

atmosphere, to new demands and changed conditions. The changes proposed under provincial autonomy came to be viewed by District Officer " with feelings resigned and vary. On the whole, however, the change proved less startling than night have been e:q)ected" . He was now supposed to work in his respective sphere or Jurisdiction besides the party governing the provincial administration.

The provincial autonomy brought a change in emphasis as to the functions of government. Earlier it was the general opinion that the District Officer " must concentrate on the first essentials - public order, the swift administration of Justice, the prompt payment of taxes moderately assessed, the Talntenance of accurate and up-to-date land records which would prevent disputes. These had been the four first things" . By 1939, with Congress Government, the emphasis had changed, it paid more attention to the programmes of rural upliftment, cooperative banks and village panchayats. Now their first aim was for reconstruction and development of rural areas.

The above emphasis added to his already countless duties " the maddening and infractions business of answer^ ing questions, v^ether put down for formal answer in the

3^ Woodruff, Philip; op.cit., p.273. 35. Ibid. p. 303. 2A

House or sent informally direct, the host of subjects included under the head Rural Development, and the labour of persuading where he had been used to command" . Thus, above mentioned reforms increased his office work and he found himself considerably unable to check land records, and cases tcok more time in settlement.

" District administration under the dyarchy was called upon to function in a way somewhat different from before. A number of matters were also rendered over more fully to the charge of the local institutions of self- government, such as the district boards. These included, again in a limited way, education, health, the miner roads and works, and a few other things. Also, as an incident of the division of political powers under the system of dyarchy, the separate departmental lines began to be esta­ blished more and more. One result of* this was that the former overall cohesion of the district administrative apparatus began increasingly to be intermeshed with sepa­ rate departmental lines, leading also in some cases to a sense of departmentalism and working in mutual isolation.

The district administration following the reforms of 1919-20 thus came to be somewhat broken xjp in the method of

36. Woodruff, Philip; op.cit., p. 30 3. 25

its functioning. This second period was in many ways administx-atively the least satisfaction of the patterns of District administration and its functioning, especially in the spell of economic and social development .... In spite of the division of political and administrative powers and responsibilities under dyarchy, the residuary representation, the total presence of government as a whole continued in fact to be contained within the old apparatus of the district administration .... The District Magistrate was also invested with certain powers of supervision, and with some minor sanctions to make his Influence felt in the working of these institutions. The Divisional Commissioner also had somewhat larger powers, and In some cases a certain amount of effec­ tive overseeing was achieved. But, by and large, the local institutions of self-government tended to form administrative isolates within the district administration as a whole.

This situation led gradually to be Collector of the district becoming increasingly the co-ordinating rather than the unifying agency for the different departmentallsed and other components of the district administration" .

The inportance of District Officer was greatly rea­ lised with the attainment of independence because partition of country brought new problems like mass movement of people,

>7. Khera, S. S.: o.cit., pp. 248-249. 26

rehabilitation of millions of refugees, communal violence, shortage of food etc. At that time most of the work rela­ ting to refugees was undertaken by the Union Government, it needed the help of the District Officer to tackle the gigantic problem.

Another major problem that faced by the country after independence was the relationship between the civil servant and the newly created organs of the government. The first reaction of the democratically formed governments and legis­ latures about the civil servants was of suspicion and even hostility. 3ut soon this attitude was changed because of the loyalty, patriotism and commitment of the civil servants to the Constitution.

Another phenomenon which developed immediately after independence was that of the feeling of departmental loyal­ ties of the officers of technical departments rather than to the District Officer. He was left with no substantial authority to bring these officers under his control. His position with the chiefs of technical departments in the district had become " thoroughly unsatisfactory both from the point of view of efficiency of the government machine and the welfare of the people in the district" "^ .

38. Report of the Bengal Administration Enquiry Committee, 1944-^5, Si^Derintendent, Government Printing, Bengal Government Press, Alipore, 19^5, para %. 27

A serious effect of this condition was " the indepen­ dent and disconnected activities of government in the mufassal TO which has reached a point of confusion"^^. Whenever the government started a new activity, it created a new depart­ ment by appointing a hignly skilled man as Edrector alongwith some regional officers at the government headquarters. " They were followed by district officers, gazetted or non-gazetted, at the district level simultaneously or at a later stage, a few field workers were let loose in unmanageable areas with­ out proper training, equipment and facilities. There was no coordination worth the name between the activities of the field staff of any two departments, and they had no sense of common objectives" . Consequently the " development acti­ vities in the district lacked unity of approach and were always hampered for want of sufficient field staff for carry­ ing out extension work"^ ,

In the period of the British rule foremost aim of district administration was to sustain and maintain the inpe- rial power but after becoming Independent the first purpose is the maintenance of the people's government. However, the people speak of Parliamentary sovereignty in India, but it is not the Parliament which is sovereign. It is the people

39. Report of the Bengal Administrative Enquiry Committee, op.cit., para 66. AO. Report of the Grow More Food Enquiry Committee, Govern­ ment of India, Ministry of Food and Agriculture, June, 1952, p. 53. 41. The First Five Year Plan, Planning Commission, New Delhi, p.129. 28 that are ultimate sovereign and the Constitution is their instrument that establishes and gives validity to the different administrative organisations.

The Constitution of India may be considered as the Legal Charter for the identification of district adminis­ tration in the following three ways. " In the first place it enables the lines of authority to be identified, to discover the continiiity of the line and of its relationship to the ultimate sovereignity which vests in the people. Secondly, it demarcates the boundaries and jurisdictions, the distribution of functions, and the limitations placed \;pon each of the principle agencies such as the Executive, Judiciary, legislature, Central Government, States and so on. It prescribes checks and balances in the performances of the different functions which are laid ipon various agencies under the Constitution. Thirdly, the Constitution provides the final point of reference in regard to the fundamental rights of the citizen. The Constitution, thus, is a basic importance in the management of public affairs of the district"^^.

As far as the existence of district administration is concerned, the Constitution of India which describes in detail the powers and duties of various higher authorities

42. Khera, S.S. i op.cit. , p. 10. 29

and provides guarantee of territorial limitations and jurisdiction, has not mentioned about district as a unit of administration. But, the Article 233 of the Constitution refers for the sppointment of the district Judge but without naming the district, district adminis­ tration, EiLstrict Magistrate and Collector. The refer­ ences of Code of Criminal Procedure, the Revenue Laws and other specific statutes have mentioned about the District Magistrate's role in dealing affairs of the district.

Great changes have taken place in the social and economic administration of the district since Indepen­ dence. Consequently, the office of District Officer has also changed fundamentally in terms of its prestige and powers since then. Mainly three factors are responsible for it. " Firstly, the adoption of Parliamentary form of government has transformed this institution from being an agent of a paternalistic alien rule into a sensitive instrument of a popularly elected democracy. The Consti­ tutional position of the executive being held continually accountable to the legislature, has caused an xaimistaken concentration of power and authority in the hands of the Minister and his office. So the District Collector is no longer the final decision-maker in many matters as he used to be during the days of the alien rule. Secondly, the 30 environment i.n which he necessarily functions today has altered in a basic way. The people ruled by him are no longer so subject, servile, uncomplaining and subordinate as they were during the British period. The District Collector is today increasingly called i^Don to esqplain, to convince and to persuade the people, not to coerce them. Also the political network in the district is much more active, virile and vigilant, thanks to the existence of various political parties in the district. Mor« impor­ tantly, panchayati raj has led to the emergence of a new class of district level politicians who have come to command not inconsiderable patronage and power, even influence over the State Government, thus obscuring and even to an extent eclipsing, the position and place of the District Collector in the state administrative system. Thirdly, the District Collector of today is also less adequately equipped for his job, the conQDiexity of which has, if anything, increased manifold since 19^7, than his counterpart in the British era. A member of the Indian Administrative Service (lAS) is appointed to this post in the forth or fifth year of his joining the service, whereas a member of the Indian Civil Service (ICS) could e>pect to get charge of a district only much later in his career" ^.

43. Maheshwari, Shriram; Indian Administration, Oriented Longman Limited, Delhi, pp.455-56. 31

On account of changes, responsibilities of the District Magistrate have considerably increased with the passage of time, but his old pov/er, status and prestise have been reduced because of the emergence of various district heads of different departments.

/ The change which deeply affected the district administration was introduction of Community Develop­ ment Programme and National Extension Service of 1952. With the initiation of these programmes, (deve­ lopment blocks were constituted and pieced under the charge of new officers known as Block Development Officer (B. D.O). In addition, some States created the post of District Development Officer (DEO). These DDOs were taken from the revenue service. It was also ex­ pected from them to perform duties of Additional Dis­ trict Magistrate (AQ'4). It created suspicion in the cind that they could be used only as AEMs because their qualification and nature of service reflected so. This suspicion became fact with the introduction of District Planning Officer (EPO) by some States. In the six decade of 20th century half-hearted attitude of the government did not made development work as part of normal administrative function and district administra­ tion remained aloof from it. But, all development works from planning to implementation were placed under the 32

charge of Development Commissioner. This parallel line approach greatly affected development work. Very soon government realised this mistake and made the District Magistrate coordinator of all activities in his district.

Another change which affected district administra­ tion came into existence v/hen the government realised that India's development is possible through democratic decentralisation of power to the local representative institutions. Accordingly, system of direct participa­ tion of local people in decision-making and development process was introduced by Balwantrai Mehta Committee Report by proposing three tier system of Panchayati Raj Institution in 1959. The basic idea was to change beau- era tic image of the District Magistrate and made him coordinator, helper and servant of the local people. It was also expected that PRIs would reduce his normal minor duties and would leave him for important ^bs of law amd order and revenue.

In course of time, law and order and revenue func­ tions of the District Magistrate have declined. In main­ taining law and order,police of the district plays an important role and works on the direction of the District Magistrate as well as Inspector General of Police. In 33 present times because of the expension of police orga­ nisation and responsibility of the Superintendent of Police directly to the Inspector^General of Police rather than the District Magistrate in matter of annual confidential roll have minimised the EM.strict Magistrat's control over the police. As far as revenue matters of the District Magistrate are concerned his power is dele­ gated to newly created post of Additional District Magis- trate(Finance & Revenue). Revenue administration means collection of land tax and other cess but exemption of land tax ipto 301/8 acre land in Uttar Pradesh has made revenue function of Collector just formality, here 78 per cent farmers have land below the prescribed limit.

Another change which affected the district adminis­ tration was separation of some judicial powers like Pure Food and Adultration Act, Criminal Procedure Code, Indian Penal Code etc. from the District Magistrate to Judicial Magistrate. An idea behind this arrangement was to pro­ vide better social Justice to the people. This arrange­ ment made the District Magistrate head of the district and brought Session Judge directly under control of the State.

Another change which affected district administra­ tion was introduction of different development programmes 34

like National Rural Employment Guarantee Programme, Integrated Rural Development programme, Jawahar Rozgar Yojna etc. These pix)grammes were inqplemented to achieve motto of socialistic pattern of society through erradi- cation of poverty, provide more means of livelihood to the poorest people of the society, etc. It also shifted away district administration from law and order and revenue matters to economic development and welfare of the people. At present Collector has been made Chairman of various development committees of the district. He is a coordinator of development work in his district. People of the district approach him to get help for development work.

In short the duties of the E4strict Officer are many and varied and he is known by different names such as Collector, Magistrate, Deputy Commissioner in accordance with his responsibilities. He administers all affairs of the district with the cooperation of other officials of different ranks and a variety of staff of the district. His basic task is concerned with the maintenance of law and order, prompt and fair collection of land revenue and other taxes. He is also concerned with the direction and fulfilment of the development plans which mark the pro­ gress of the country. He acts to maintain the link between citizens and administration, protecting one against the 35 possible e)q)loitation by the others; vdth a view to mini­ mise these practices, the District Officer undertakes regular tours in his district visiting even the remote villages, meeting people and understanding as well as solving their urgent problems and above all, seeing that the programmes of the government are being efficiently carried out. They form only a fraction of the sum total of his work. With Independence and the commencement of the Five year plans, his responsibilities as a development officer have taken precedence over his traditional func­ tions. It is his duty to build-ip friendly relations with government personnel working in his district in order to maximise the goal achievements, to train Junior officers and to keep his office efficient. He virtually acts as the eyes, ears and arms of the State Government.

The next chapters examine in detail his multifarious responsibilities classified under few important heads. CHAPTER- II

RDLE OF THE EI STRICT OFFICER

AS A COLLECTOR

(Section^ A) 36

C H A P T E R -II

ROLE OF THE DISTRICT OFFICER AS A COLLECTOR

The district administration is basically revenue admi­ nistration. The basic task of it is to determine the rela­ tions between the land and the people. It has to realise tiie revenue from the land for the viability of the state system and the legitimacy and stability of the government.

The collector is in direct charge of land revenue and its collection. These are the functions which give him the designation by which he is more commonly known, the Collector. He alone cannot meet all the revenue objectives. In discharge of these functions he has a territorial set-ip which contains revenue officials of different ranks as well as staff. His work as Collector has remained varied from province to province on the basis of system of collection of land revenue and local circumstances. Ramsay Macdonald has rightly pointed out that 'he is the eye of the government and its tounge. He has to keep his finger on the pulse of district, and nothing of any importance is supposed to happen without his knowledge. A sparrow ought not to be fall without the incident coming to his ears'. But the revenue administration is a complex struc­ ture in the district. It is impossible to understand the district administration without knowing something of land systems, in other words, system which governs the rights of the 37

Government to land revenue and the rights of various classes of people to the land. Therefore, for the sake of convenience we may take \jp first land revenue elements of the revenue admini stration.

LAND REVENUE;

It is the revenue levied i^on the surface of the land. Theoretically speaking, it is levied upon the produce of the land. In ancient India the village headman, the gramani, is mentioned in the Rig Ved. He was the king' s agent and some­ times he was the king of the village because a village itself constituted the whole kingdom. It was his business to ascertain the amounts of land revenue to be paid by the cultivators. It was his business to collect it, and it was collected in kind. The farmer in return enjoyed the king's protection from enemies, both external and internal, and sometimes the king's patronage. This system prevailed in the pre-Mughal times. In that period out of the total land produce l/6 was the king's share as land revenue. Sometimes share of king was - 1/3 to 1/2 in the periods of Alauddin Khalji and Muhammad-bin-Tughlaq.

In these periods of land revenue systems we find two inportant features* The first, is the dependence of the revenue upon the actual produce of the land. The king' s share 38

varied directly with the harvest of each particular season. The second, is direct relationship of the king with the particular share of the produce which was payable to him. There wei^ no instances of intermediaries, land holders, zamindars, talukdars with the exception of the Firoz Tughlaq period.

A revolutionary step in the direction of land revenue was first taken in the period of Mughals which was character­ ised pre-eminently by the reign of Akbar. He ruled over India from 1556 to 1605. He introduced ZABTI SYSTEM( revenue system based on the measurement and assessment of land and produce) with the help of his famous minister Raja Todar Mai. This system is also known as DAHASALA SYSTEM (under this system the average produce of different crops as well as the average price prevailing over the last ten years were calculated and state' s share was fixed at the one-third) or " Todar Mai Settlement" .

Akbar's period was the landmark in the evolution of modem system of land revenue. In his time Mughal power and authority spread in a fairly uniform way and covered area \jp to an extent which was never again achieved until the attain­ ment of Independence. Akbar's r*eign produced major changes in the form of assessment of land revenue and its payment in cash instead of in kind. New arrangement proposed first break with the older concept of a fixed percentage of a variable 39

harvest. >toreover, the revenue was assessed and fixed for the term of ten years. Out of the land produce one-third was the king's shar« as land revenue. Indeed it was a counterpart of an assessment on a cash basis to fix it ip for a period of years; for otherwise there ^^ould be little difference from the original state of the revenue which varied with the harvest. The system of cash assessment fixed was accompanied by the extensive establishment of a fairly unified system of account-keeping and land records. This was the main cause contributed to the general uniformity in matters of land revenue thro ught the country even today.

After the Akbar's reign Mughal enplre begaln to decline gjeadHy. This weakness led the practice of forming out tracts or regions of land in return for cash payment. In such a frenzy situation local governors of the Mughal enpire started to assume autonomy and in some cases declarid their independence of the centre. Likewise, local chieftains got encouragement to separate openly themselves from the centre. Undoubtedly, above mentioned events provided the circumstances of a weak­ ened relationship between the king acting directly or through his own functionaries on the one hand and the actual tiller of the land, the farmer, on the other hand. In such a frus­ trated situation a system of intermediaries grew vp. These intennediaries helped to some extent in making things easier. Slowly these intermediaries developed into zamindars. ^

Another landmark in the development of land system was the British period. It is not easy to summarize land system prevailed during the British period because of the various ramifications and conplexities involved in most of the systems. An eminent revenue authority, Holt Mackenzie, famous in connection with the settlement of the North-West Province (now U.P.), asserted that he had been studying land tenures all his life without understanding them. However, an attenpt will be made to present a sinplified account of the main system under which land was hd.d by various classes of people and revenue was realised by government.

Immediately after the Battle of Buxur in 1764 the English Conpany formally took over the governance of Bengal. From now onwards company's trading assign was replaced by the flag of government. In this way Qiarter of 1813 and 1833 by the British Crown played an inportant role by taking away from the company its trading activity entirely. From then Conpany was to act as the British Crown's agent to govern and not to tjrade.

With the extension of Conpany's jurisdiction over more and more territory, the problems to be handled effectively also increased. Company's desire to extend its dominion beyond Calcutta, Bombay and Madras invited wars with their French rivals and enemies, and war with those who opposed the 41

extension of British dominion in the country. These wars demanded money and resources to meet the challenge. Besides, the territories over which they extended their dominion needed to be consolidated, and this was too during the time when communications in any modem sense hardly existed. They did it in a number of ways. So in case of taxes they levied the easiest of all taxes, the tax on land. They did it because no one could take away the land, could not hide it and there was less scope of cheating. The conpany appoin­ ted Collectors to collect these taxes. The Collector was forbidden to engage in trade either for the conapany or for himself. Company followed somevrtiat the practices which had spread during the more disruptive years of the declining Mughal regime.

This hide and see)* game was ended by the Act of 1858 v»ten Queen Victoria took over the direct administration of the government of India through her own ministers and privy Council in London.

Land system in nature ranges from the most slnple to the roost conplex one. For instance, the Jhura cultivation in Assam is a very sinple system because land revenue is deter^ mined with the help of to the instruments used for cultivation and is not based on the area of the land. While in case of Orissa, there are found hundreds of land systems vrfiich ^2

admit of no easy classification. Thus, for the sake of convenience it is usefvil to deal with the traditional systems of land because they have not been conpletely changed even now and have influenced the structure of administration.

Land Systems in pre-independent India:

Before attainment of Independence, in a broader pers­ pective there were two systems of land , the Zamindari and Raiyatwari, but in order to know actual position of land it is useful to differentiate three systems. They were Zamindari system, Raiyatwari system and Village system of land tenure. The basic difference in these systems was regarding the mode of payment of land revenue.

Zamindari System:

The Regulation I of 1793 created the 'Permanent Settle­ ment' or Zamindari System in Bengal, Bihar, parts of Orissa, parts of Madras by 1802 and a few places else where. This system came into existance when on behalf of the East India Company, Lord CoryiwalLis entered into permanent settlement with landlords with a view to increase the revenue of the company.

Under this system, the zamindars were declared full proprietors of large area of land. In return, the worit of ^3

collecting rent from the fanners was entrusted to them. So, the zamindars were to function as intermediaries between the cultivators and the State. Thus middleman held the settlement. The zamindar paid land revenue to the Govern­ ment as fixed by the Permanent Settlement. He led out his land to cultivators and realised rent from them. Under the settlement cultivators were small peasants where the zamin­ dars were big proprietors. There was no direct relationship between the Government and its officials on the one hand and the actual cultivators on the other.

As far as introduction of zamindari system was concerned, the declining Mughal authority was mainly responsible for it. Company's efforts to bypass established zamindari system of Mughal was severely failed. " The Mughal enpire had followed the practice of assigning Jagirs which went with office and were for life time; but later these jagirs were renewed from generation to generation and as the Jagirdars conducted the revenue administration in the area and acquired right to \x\- occipied and waste land in his jagir and could also oust cul­ tivators who would not pay their due, he become in due course of time distinguishable from a landlord. Thus the latei^tirae officials assumed the character of landlords.... As Mughal authority declined all these persons became more and more independent and began to manage lands under them in their own right; they would let out land and oust tenants; and sometimes kk

even sell their rights. In due course from whatever source drawn all these persons came to be looked \450n as Zamindars. Lord Ccra»allis sincerely thought that this system would, by ensuring security of tenure, encourage zamindars to increase cultivation, manage their lands better and that they would also live well and spend in luxuries thus contributing to the increase in customs etc. " Further, Lord Comwallis proposed that it would be excellent not to qualify policy by making the settlement temporary. But was severely criticised by Sir John Shore for making against it permanent.

The survey was not conducted for the assessment of estates. It was merely based either on enquiry to know the value of the estate or based on quantity of produce or on the rents which were paid by the zamindars. The share of the Government in total rent collected by the zamindars was kept at 10/11th, the balance going to the zamindars as remuneration.

The Regulation I of 1793 and Act VIII of 1885 had made various provisions for the protection of tenants and zamindars. As tenants could not be ejected except for failure to pay rent. But zamindary system created a unique agrarian structure in the countryside which conferred the right of sharing the produce of land without participating personally in the produc­ tive process. The zamindari system was based on exploitation as it conferred unlimited rights on the zamindars to extract

1. Shukla, J.D.; State and District Administration in India, IIPA, New Delhi, 1976, pp.7-8. 45 as much rent as they wished. In the opinion of Bhawani Sen, near about 25 per cent of the produce was taken away by the zamindars on the name of rent. Up to the time of independence, the actual cxJitivator was left with no surplus to invest in better inplements, inproved seeds or fertilizers. The cultivator was not given any incentive to increase agricultural production and productivity. Apart from this, the " records of rights in land were not main­ tained in most areas governed by zamindari. This made it difficult to mortage and sell land. As a result, credit institutions were slow to develop in zamindari areas. Public investments in agriculture were generally less in these areas" Besides, the excessive r«nts and illegal exactions, the zamindars forced cultivators to do be gar and offer various gifts or nazirana etc. to meet their esqjenses.

Raiyatvari System:

Under this system Raiyat was the fanner or cultivator. He was the proprietor of the land which he cultivated. The responsibility of paying land revenue to the government was of the cultivator himself. There was no intermediary between him and the State. There was no distinction between rent

2. Parthasarathy, G., " Land Reform and the Changing Agrarian Structure" , in Shah, C.H.(ed.), Agricultural Development of India: Policy and Problems, Bombay, 1979, p.326. ^6

and revenue. The raiyat had enjoyed full rights regarding sale, transfer and leasing of land and could not be evicted from the land as long as he paid the land revenue. These rights were not available to cultivators under the zamindari system. The raiyatwari system prevailed in Bombay, Madras, Assam and also in parts of the Panjab. Under this system, each field or holding was separately assessed for revenue. There was a Khetwar settlement and every holder was respon­ sible for the revenue of his holding and for nobody else's. In this system , protection of tenants had not been considered a very serious problem because bulk of the cultivators were owners.

Sir Thomas Munro may be considered the father of 'Raiyatwari' system. He advocated the " surveying of the district, making a khetwar assessment and dealing with the individual village land holders. This new system was based on a new discovery, a Raiyatwari village, it was based on a new theory of proprietorship that every occupier was the proprietor. This theory was brought out with full force in minute of Sir Charles Metcalfe in 1930. In making a settle­ ment for any unsettled lands, the first step was to ascertain the amount which the acknowledged right of government would yield" . This could be possible through the survey and measurement of every field. The minute information was

3. Shukla, J.D. ; op.cit., p. 13. 47

necessary for Raiyatwar Settlement without v^ich correct assessment was not possible.

On the basis of above analysis Raiyatwari system looked satisfactory, but it also developed various snags. Under this system, the moneylenders and mahajans granted loans to cultivators by mortgaging their lands. Soon subs­ tantial portions of land slipped out of cultivators' hold and became the property of moneylenders and mahajans. The latter started giving land for cultivation on lease and soon a new zamindar class started developing. " At the beginning of the era of Indepe"ndence at least one-fifth of the total area under cultivation even in Raiyatawari tracts had passed under open tenancy while an unknown, though substantial, proportion of area was woriced under forms of crops sharing, in essence no different from tenancy"

Village System;

It was also called Mahalwari System. This system was introduced by William Bentinck in Agra and Oudh. Later on, Panjab and Madhya Pradesh were also taken into village system. Under this system, the v^ole village was treated as one unit as far as payment of land revenue was concerned. Accordingly,

4. Khusro, A,M,; "Land Reforms Since Independence" , in Singh, V.B.(ed.), Economic History of India, 1857-1956, New Delhi, 1975, p. 183. AS

Village Headman was responsible for collecting and deposit­ ing the land revenue in the treasury of government. The Congress Land Reforms Committee asserted that under this system ownership of land was collective. This Headman was also known as Lumbardar. At the time of settlement the proprietory right of land was given to actual cultivator of the village. The period of settlement and fixation of land revenue were different in different village areas.

The Malguzari system of Madhya Pradesh was merely a variation of this system. During the Marhatha period malguzars were farmers of revenue. They were mistaken for proprietors by the earlier settlement officers. The settle­ ment was made with them but soon the mistake was founded. The actual cultivators were protected. So, the actual system was not very different from that of U.P. This system was also known as Mahalwari system. Under this system entire village was the unit of assessment. The waste belonged to the village. The landlord body was Jointly and severely responsible for payment of revenue. Thus, the several co- sharers had their own plots ^»*iich they cultivated on their own. However, common expenses of the village were shared. The Lumberdar, (one of the member of the proprietary body) had to manage the tenants, collect the rent, pay the revenue and thus receive commission and share the profit with the CO-sharers. us

The Plegulation VII of 1822 and Regulation IX of 1833 were responsible for the foundation of Village System. The Holt Makenzie, Secretary to the Board of Revenue in U.P., 1819, put forward the base for these regulations. " The earlier attempts to find a proprietor in the sense of Bengal zamindar were given x^, though in some places settlement were made with the landlords* But main settlement was made with the village body and landlord would get only a fixed cash allowance or a percentage on the revenue. Sir Charles Metcalfe in 1930 proposed advantages of the village system over the r^yatwari system. He said in such settlements the Mocuddums or Headman come forward to conclude the settlement as the representatives of the village communities. He believed that it was not an uncommon practice to consider those who signed the engagement as exclusively responsible in their own persons, for the payment of revenue. In his opinion although undoubtedly responsible as part owners of the village lands, and additionally responsible as collectors of the revenue and managers of village, in which capacities they usually received a percentage on the revenue, which allowance was termed ^tocu- ddumee, they were not exclusively responsible, nor as land owners more responsible than the other landowners of the village which they represented.

An inportant figure in the revenue arrangement of a village under this system was the Lumbardar. He was the 50

manager on behalf of the co-sharers. He led out lands to tenants, realised rent, made arrangements for ejecting tenants and managed these lands generally; paid land reve­ nue to Government and got a commission from Government for this service. The remainder he distributed as profit among the co-sharers according to their share. The co-sharers themselve were concerned with the cultivation of the lands in their shares. The Lumbardar was usually elected by the CO-sharers as their representative but was sometimes also appointed by the Collector.

The Malguzar system of M.P. had been considered a combination of the features of the Bengal Zamindari system and U.P. Village system. The Bengal feature was the original conversion of the Malguzar into a proprietor and the U.P. feature was that the unit of assessment was not the estate but a village or mahal. The assessment was made after survey and the preparation of records of rights. At the settlement rents were fixed which were not generally liable to enhance­ ment. Thus, the effects of the mistaken conferment of pro­ prietary rights of Malguzars had been counteracted and the absolute occi^sancy tenants were as good as occipants in a Raiyatwari Village" . The tenants in Madhya Pradesh were for a long time much better protected than U.P.

5. Sukla, J.D.; State and District Administration in India, op.cit, , pp. 21-2^. 51

Experience of the Land System :

Above mentioned three systems- Zamindari, Raiyatwari and Mahalwari - have prevailed more or less in all the states of India. In all the systems deeply affected wer« the fanners either by the Government directly or by the zaraindars/mahajans indirectly. Here, therefore, it vrould be relevant to give a brief account of the ejqperience of land systems which have affected Indian administration to a great extent. " The zamindari system of Bengal did not established any direct relationship of government vdth the actual cultivators. What­ ever disputes the cultivators might have had vdth the zamindars were matters of civil courts* the result was that no proper revenue system reaching ip to the village could be built ip in Bengal as was built elsewhere and the collector, consequently the Government lost touch with the people which revenue rela­ tions alone could establish. In Bengal and Bihar till recently there were no Patwaries, no Kanungoes and Tahsildars? out of five levels in district authority as found elsevrtiere, three were missing. There were consequently no village records and no detailed village statistics and periodical returns vdiichin other provinces were mentioned by the Collector and through him the Govemnent was informed of vdiat was happening to the rural society. The collector in Bengal was not required to know anything about the interior of his district. The officials did not come in touch with the rural people directly as in other provinces. 52

The Zamindari system led to centralization. The revenue was deposited at the district headquarters and the registration wori< was also done there. In a raiyatwari village this would not have been possible and work had to be distributed at various levels. The powerful influence of the Zamindars also hindered some Government programmes. Government Police found it difficult to function when opposed by zamindars and the jurisdiction of the civil courts was also usurped for some time by zamindars who held their courts though these were illegal. Government by settling with influential people conveirted in many cases feudal chiefs into revenue paying zamindars. The Raiyatwari system presents a different picture. This system required a conplete and extensive survey, the recording of the rights of every cultivator and the maintenance and correction of these records of rights. Government authority, therefore, reached down to the village. The system made revenue adminis­ tration detailed and gave five levels to the district adminis­ tration instead of two as in Bengal. The people came directly in touch with government and its officials, their contacts being frequent and intimate. This contact, however, was not always pleasant to the raiyats. The system required the enploy- ment of a large number of subordinate staff who were not immune from bribery and corription which sometimes led to oppression. It was this consideration v^ich made Sir Charles Metcelfe to prefer the Village system over Raiyatwari system. But the Raiyatwari system also ensured political stability for the bulk of the 53

people were secure in their rights to land and their rights and liabilities were defined. The Village system of land ten- nure reinained midway between the Zamindari and the Raiyatwari systems as far as the contact of government with the people was concerned. Under this system five stages were established in district authority and also a detailed system of land records. But government did not deal with every cultivator; its relations were only with the proprietary body and that also through the Lumbardar. Nevertheless the village statis­ tics were collected and records corrected and the district officials, therefore, were in possession of a good deal of knowledge of the rural areas. The district administration in India was thus created by the land system. It was the need of the revenue administration \**iich established the office of the Collector and to him were attached other functions as the need arose; in fact land revenue gave the start for other administrative activities. These other administrative acti vities were first entrusted to land revenue officials and thus the land revenue system and the outlook of the land revenue officials influenced other departmental activities. Even the police system was influenced by revenue systems" . However, the different revenue systems put pressure over the organisa­ tion of the Judiciary. Most of the cases were between the zamindars and the tenants in relation to private property. These cases referred to the civil courts. Thus, it enjoyed extensive jurisdiction. Further, in many revenue matters the 6. Shukla. J. D. : State and Edstrict Administration in India, op. cit. , pp. 29-31. 54

jurisdiction of these courts were restricted and ultimately revenue authorities exercised ample powers in regard to land matters and disputes between zamindars and tenants.

It is clear from the above mentioned analysis that government found the way to solve the problems of fanners by passing Zamindari Abolition Act.

Important Land Reforms ;

As menttcsied above that the Zamindari system was based on exploitation. It created a parasitic class of zamindars. In Riyatwari and I'lahalwari systems, the tenants were also ejq^loi- ted in nunber of ways. In order to know the correct position of land revenue it would be relevant to examine recent land reforms which is an inportant step for an insight into the main objectives of the Constitution^such as, to achieve social and economic justice and, to increase the prxDductivity of the land. The government of India has defined the following objectives of land reforms—" to remove such inqjediments to increase in agricultural production as arise from the agrarian structure inherited from the past; and to eliminate all forms of exploitation and social injustice within the agrarian system, to provide security for the tiller of soil and assure equality of status and opportunity to all sections of the rural popu- 7 lation" • 7. GrtDvemment of India, Planning Commission, Third Five Year Plan, p. 220. 55

In order to fulfil the intended purposes aoiy legis­ lation in this regard must have specific purpose, direction and sanction. Earlier Acts passed by the British government for securing tenants against illegal levies of zamindars remained ineffective. The zamindars were made responsible to grant a receipt of amount paid to him by tenants and made its entry into the Slaha (a public record maintained by Pattfari) . But zamindars did nothing. Further, it was not uncommon for rent to be collected in excess of the prescribed one on the occasion of the marriage of the zamindar's son or daughter. In order to control rent,legislatlcns such as the Oudh Rent Act and Agra Tenancy Act 1939 were enacted. But to abolish intermediaries altogether, the final decision was taken by the government after independence in several states.

Abolition of Zamlndari;

It was greatly felt that the main cause of stagnation in the economy was the Zamindari system. The chief intrument of exploitation was zamindar, patronised and promoted by the alien government. The Land Reforms Committee constituted in 19^9 under the chairmanship of J.CKumarappa had recommended that zamindari system should be abolished and land should be given to tiller, leasing of land should be prohibited, occupancy rights should be conferred on those who have cultivated the land, the zamindar can hold land for personal cultivation xjpto a limit, rights should be given to tenants to purchase land at fair price to be fixed by the land Tribunals and protection 56 should be provided to the tenants against exorbitant rents and illegal exactions etc.

The land is a State subject. So up to 1951 many States passed legislations for the abolition of zamindari and acquisition of areas. Towards the end of First Five Year Plan, approximately, 173 million acres of land was acquired from the intermediaries and near about two crore tenants were brought into direct relationship with the State.

The f^eneral pattern adopted for the abolition of zamindari;

1. " Common land such as waste lands, forests, abadi sites which belonged to the intermediaries were vested in State Government for purposes of management and deve­ lopment.

2. Home-farm and lands under personal cultivation of the intermediaries were left with them and lessees of home-farm land continued as tenants of them. However, in some states like U.P., M.P., and Delhi, tenants of home-farm lands were also brought into direct relation with the State and the rights of intermediaries over their tenancy lands were abolished.

3. In most of the States tenants-in-chief holding land directly from intermediaries were brought into direct 57

contact with the State with some exceptions such as g Bombay, Hyderabad and Mysore" .

The intennediaries were given condensation for the land acquired from them. The'rates of compensation were mostly confuted on the basis of 'net income' or 'net assets' in a graded way with higher multiplies for smaller incomes and lower multiplies for higher incomes^' The States also paid Rehabilitation Grant to the smaller zamindars in addition to condensation. The condensation was paid either in cash or bond or both.

'^en the legislative work regarding abolition of zamindari was over and the work of inplementation started, new difficulties were noticed. The zamindars were not ready to give up their rights and privileges and moved to courts. As was expected, the legal battle between the Zamindarr and the State governments took an unduly long time. When zamin­ dars ultimately lost the battle they turned to other delaying tactics by refusing to handover land records and other related documents. Apart from these tactics, the zamindars picked ip many weak points of legislations such as land for personal cultivation. They could even hire tenants for this purpose. In order to correct the loopholes government re-defined the

8. Govt, of India, Planning Commission, Second Five Year Pain, pp.181-82. 9. George, P.T. :'• Land Reforms- An Alternative Approach" , in P. R. Brahmananda, B. K.Narayan and Kalappa( eds.) , Dimensions of Rural Development in India, Delhi, 1987, p. 195. 58

term personal cultivation in Second Five Year Plan, in this way that it would include risk of cultivation, personal sipervision and labour. At last, the zamindars had surren­ dered their ruling powers to the new democratic authority and were satisfied with the compensation left to them. On the whole the transformation from the feudal and autocratic system to a democratic social order was peaceful and orderly.

Tenancy Reforms;

The tenants were of the three types; (1) Occupancy tenants, they got permanent rights on land which they cultiva­ ted. They enjoyed profits which came out because of land improvement. They could not be taken away from the land until they paid rent on time. (2) Tenants at will, they had not given security of tenure and could be taken away from the land whenever the landlord so desired. (3) Sub-tenants, their position was not very much different from the tenants at will. Existence of these tenants depended i?)on the will of landlords and they were treated rudely by the landlords. So, it was needed to protect these people from the paws of landlords by enactment of law. In order to regulate the limits of rents which were 80 percent in Panjab, 40 to 60 percent in Bombay, the government passed an Act in 1947. The First Five Year Plan stated that maximum rent should be fixed at one-fourth or on one-fifth of the total produce. However, 59

the legislaticjiVs fixed maximum limit was often violated because of the stj^ong socio-economic and political hold of the land-o'^ers in the countryside. Infact, the tenants were not awar^ of the legal provisions but more inportantly they were economically and socially weaker as conpared to the landlords. Moreover, tenants were feared that in case of confrontation with landlords, they might be thrown out of the land. Towards 1960, more or less, all the States have passed the legislations to protect tenants from ejectment and grant them permanent rights in land. Due to this legislation a serious problem of 'Voluntary Surrender' was faced. The landlords conpelled their tenants to surrender the tenancies on their own accord. In the following way, landlords tried well to deceive government because in case of voluntary surrenders of rights no law could protect the tenants. Hence, landlords did not hegitate in putting threat and pressure on the tenants to gave \^ the land. Due to economic and social backwardness, most of the tenants gave up their rights of land. In order to prevent these practices the Fourth Five Year Plan recommended that " Voluntary Surrenders' should be regulated by the State in such a way that land owners are prohibited from taking possession of surrendered land which could be given over to the other eligible tenants selected by the government"^. lev Govt, of India, Planning Commission, Fourth Five Year Plan, p. 177. 60

By this provision, government has taken all surrenders under its own possession. Despite above mentioned provisions ,some States have not adopted any legislation for conferment of ovmership right. In case of other States laws passed remained below the expectations. In order to overcome these loop holes, the Sixth Five Year Plan recommended that " States which did not have legislative provisions for conferment of ownership rights on all tenants except for specified exempted categories( serving defence personnel, minors, disabled etc.) should introduce appropriate legislative measures to do so 11 within a period of one year i.e. by 1981-82" . Thus, by these provisions government has provided rights to tenants to acquire ownership of land v^ich they have cultivated. The liberal attitude was adopted by government that purchase price of land could be paid in number of instatments and over a certain period of time.

Imposition of Ceiling on Land Holdings;

The ceiling on land had brought many inportant changes in the land system. A ceiling on land holding means statutory absolute limit on the amount of land which an individual may hold. In order to ensure increased agricultural production , to provide land for landless agricultural labourers and for other public purposes as best to subserve the common goods, a more equitable distribution of land was essential. Therefore,

11 . Govt, of India, Planning Commission, Sixth Five Year Plan( 1980-85) p.115. 61

the Second Five Year Plan has recommended imposition of celling on land holdings. This plan has exenpted follovd-ngs classes of farms from ceilingi

1. " tea, coffee and rubber plantations; 2. orchards where they constitute reasonably compact areas; 3. specialised farms engaged in cattle breading, dairying, wool raising etc., U. sugarcane farms operated by sugar factories; 5. efficiently managed farms which consist of compact blocks on which heavy Investments or permanent structural inprovements have been made and \^*lose break up is likely to lead to a fall in production'!''^

On the basis of above classification the State Governments have passed laws for ceiling on land holdings. But in case of North-Eastem States like Nagaland, Mizoram, Meghalaya and Arunachal Pradesh, a ceiling was not inposed on land holdings because there land has been managed by the community. In determining level of ceiling some States have accepted family as cne Unit v^iile otho^ have accepted individual owner as a Unit. In Uttar Pradesh second alternate i.e. individual owner as a Unit, was adopted. Henceforth, by mass level transfers of land the aims of the legislation for ceilings were not pursued and itiplemented effectively by the State Governments. These factors defeated the very purpose of distributing ceiling surplus land to the landless agricultural labourers and other public 12. Second Five Year Plan, op.cit., p.194. 62

purposes. In order to bring uniformity in different policies of land ceilings adopted by the States, a con­ ferences of CMef Ministers proposed a new policy on land ceilings in 1972. Followings were the inportant features of the new policy:

1. " Lowering of ceiling to 18 acres of wet land and 5^ acres of unirrigated land; 2. The change over to family rather than the individual as the unit for detennining land holding^lowered ceiling for a family of five; 3. Fewer exenptions from ceiling; 4. Retrospective application of the law for declaring benami transactions null and void; 5. In order to insulate the measure from challenge in courts of law, jurisdiction of civil courts has been barred; most of these laws have been included in the Ninth Schedule of the Constitution, which place them beyond any challenge in courts of law on grounds of infringement of fundamental rights" .

After taking into consideration the policy of land ceiling brought out in the conference of Chief Ministers, most of States either amended their existing laws or have framed new laws on land ceilings. It was realised that social inequalities and e^qjloitation could not be eliminated unless and until land is taken away from the hands of the landlords

13. Laxminarayan, H. and Tyagi, S. S.: Changes in Agrarian Structure in India, New Delhi, 1982, p. 24. 63

and handed over to the tolling masses. The main aim behind the land ceiling was to prevent excessive ownership of land. It was expected that distribution of land to landless labourers would erradicate poverty tpto a great extent.

In course of time, the sub-division of distributed land among heirs on the death of the owner of the land gave rise to a big problems of low production, disputes over land, difficulty of land management etc. After passing each genera­ tion the land sub-divided further and further and after some generations only tiny plots were left with the decendants of large landowner. So, the person had one tiny plot at one place, another tiny plot at a second place, third tiny plot at yet another place, and so on. This led frangmented holdings. It was not possible for a man to cultivate in such a tiny plots at the same time. As a result, land was wasted. The disputes over boundaries and complaints about theft of crops, grazing of animals etc. were also often heard. Instead of adopting modem techniques of cultivation farmer used age-old methods for production. As a result, they remained poor. In order to solve problems of sub-division and frag­ mentation of land, a system of consolidation of land holding was adopted.

Consolidation of Land Holdings:

The consolidation of land holding means one consolidated holding to the farmer equal to the total of the land in difEamt 64

scattered plots under one possession. It was a very useful method to solve the problem of fragmentation. In the begin- ing consolidation was started on a voluntary basis but later it was made conpulsory. Programme of land consolidation had faced many practical problems due to following factors'. (1) " Since quality of soil differs from land to land, it became difficult to allot land of the same quality and pro­ ductivity to the farmer as was held by him previously. Allotment of consolidated land of equal area as the fragmented holdings did not meant that land of the same productive value has been allotted. This consideration has posed a lot of serious problems and it has became necessary to devise a number of methods of valuation (mostly based on market value or rental value) to bring different classes of land on a comparable basis; (2) The farmer was generally attached to his land emotionally and sentimentally. Therefore, he was not willing to cooperate with Consolidation Officer; (3) In many areas reliable and ip-to-date land records were not available. Consequently disputes came ip in fixing the ownership of land; (4) Many states have lacked adequate and trained staff to carry out the programme of consolidation" Now more or less all the States of India have completed work con­ solidation of land holdings. During Sixth Five Year Plan total consolidated area was 5.6 million hectares. Upto

14. Misra, S.K. and Puri, V.K.: Indian Economy, Himalaya Publishing House, Delhi, 1989, p.472. 65 completion of Seventh Five Year Plan"total consolidation area was 51.8 million hectares, which was only l/3rd of 15 the total cropped area in the country!' Through the enact­ ment, most of the State Governments have made certain minimum limits beyond that sub-division and fragmentation of land is not possible. This particular minimum limit is known as Standard Area. Despite various provisions, during the time of land consolidation a common problem noticed was that rich and the influential often managed to get fertile and well situated land while the poor and uninfluential got inferior land . A major weakness of the programme was that consolidation was done without taking effective steps to ensure security of tenure to tenants, particularly share­ croppers. Consequently, consolidation of holdings has led to large scale ejectment of tenants.

Shortcomings of the Land Reforms^

An accoxint of above mentioned land reforms make it clear that legislation passed relating to abolition of zamin- dari, imposition of ceiling on land holding and consolidation of land holding were faulty to provide Justice to the tenants and to achieve objectives of socialistic pattern of society. Under the Zamindari Abolition Act a provision was made that zamindar could get possession of land for personal cultivation. They assumed large area of land for cultivation vdiich defeated the very object of legislation. Now they became absentee land- 15. Government of India, Seventh Five Year Plan, 1985-90, Vol.11, p.63. 66 lords rather than well known landlords. In order to exempt itself from the ceiling limit the zamindars had indulged in large-scale transfer of land to their family members. This effort of zamindar has reduced effectiveness of the ceiling laws to a great extent. It was noticed in most of the States like U.P. and West Bengal, the tenancies were oral and informal. The tenants who cultivated substantial part of land were not in position to pxx>ve that they were the actual tiller of soil because their names did not appear in land records. Generally, zamindars conpelled their tenants to voluntary surrender the land which was cultivated by them. In order to meet this purpose, zamindars have threatened and beaten \jp the tenants. Action to prevent such practice was taken very lately by Fourth Five Year Plan that voluntary surrender of land would be done only in favour of the Govern­ ment.

The basic aims of the laws passed to bring land reforms and to re-structure the entire property relations in country­ side had remained ineffective because of the lack of political will and ineffectr/eness of administration. It was also noticed that the Governments were also not interested in iiqplementing the legislations enacted and simply adopted socia­ listic look. The effective inplementation of any legislation could be possible through hard political decision and effective political support, direction and control. The demand of political will was great in a predominently agrarian country 67

like India. During the course of reforms it was also noticed that whenever administrators tided to inplement the land reforms strictly they were immediately transferred elsewhere by the political bosses. This factor has demora­ lised the spirit of dynamic administrators. Moreover, most of the administrators themselve were the landowners. Apart from administrators of higher ranks, the patwaris were also petty landowners and they have not co-operated wholeheatedly with the law implementing agencies. Moreover, corrupt politicians and administrators joined hands to grab land decalred surplus and meant to be distributed among landless farmers. " The nexus between the politicians, administrators and large landowners have brought the'rich peasant power'into the limelight. This rich peasant power dominated State Governments, regional and local administration and served as the principal intrument of land grabbing and as a strong inpediment in the in^jlementation of land reforms" 1 fi

The above analysis makes it clear that land reforms have serious short-comings. For the speedy and successful inplementation of land reforms, peasants should be conscious of their rights, this requires a certain degree of politici- zation of peasants In order to restructure agrarian system welcoming steps have been taken by the Government to implement

16. Joshi, P.C. " Land Reforms Inplementation and Role of Administrator" , Economic and political weekly, Sep. 30, 1978, p.A-82. 68

employment oriented programmes for the landless and poor people of the rural areas.

Responsibilities of the District Collectorr

The land reforms like zamindari abolition, tenancy reform, ceiling on land holdings and consolidation of land holdings have inposed additional burden on the District Collector. Political pressures, in the process of realisa­ tion of taxes and dues are occationally brought to bear vpon his office. However, the District Collector is assisted in discharge of his heavy revenue work by an Additional District Magistrate or revenue officers, as the case may be, the main brunt of responsibility has to be borne by him. He is also called vpon to dispose of a specified number of revenue cases, besides inspecting Tehsils and Sub-Divisional offices. Moreover, in some of the States the task of rent collection is being gradually made over to the Village Panchayats, the ultimate responsibility still rests with the District Collector.

The " district administration in India does not under^ take the management of land but assumes the responsibility for its administration. It maintains accounts for all types of land and their transfers and classifies the land in private custoay with a view to assess the revenue due from it. In all land acquisition, and land alienation and trans­ fers, the revenue administration has a fundamental or promi­ nent role to play. It is the principal authority in the 69

determination of ownership and possession of land and more so, for the execution of decrees passed in this regard by courts of civil Jurisdiction. It has statutory power to settle the interminable boundary disputes and also evict every encroachment.

In a predominently agrarian country like India, the district administration is the actual government in action for the overv^elming majority of the people. The mainstay of Indian life is the village and it is in the village, the country's superstition, ignorance, oppressive traditions and above all, the caste system are deeply rooted. The charactei^- istics of caste which make it a localised sociEd groip, are more pronounced and its feuds are more intense in the village. The corjiection between the land and caste is nowhere so ostensible and observable as in the village. The bitter boundary disputes arising from the possession of land and the every day encroachments which quite often lead to major law and order problems, are largely provoked by caste affinities and loyalities. The power of caste is determined by the extent of possession of land by its members and dominance or depen­ dency of a social groip inhabiting a village is indicated by the nature of their attachment to the land". 17

17. Sadasivan, S.N.; District Administration, op. cit. , pp. 21-22. 70

Undoubtedly, the abolition of Zamindari has placed new responsibilties on the shoulder of District Collector. Instead of dealing with a few intermediaries responsible for the payment of land revenue he has now to deal with hundreds or thousands of cultivators in connection with land revenue, canal dues, taccavi loans and many other such things. A huge staff ranging from Karmacharis to Circle Officers has to be engaged and supervised and their conditions and other things have to be looked well by the District Collector. CHAPTER- II

HOLE OF THE DISTRICT OFFICER AS A COLLECTOR

(Section- B) 71

B. REVENUE COLLECTION MACHINERY OF THE DISTRICT

Collection of land revenue at the district level is under the direct charge of the Collector. During the British period collection of land revenue was one of the most inpor- tant function of the Collector. This was mainly so because land revenue was at that time one of the most important source of revenue for the government. The process required the determination of demand for revenue and its collection through the revenue machinery. The determination of demand in turn required a proper maintenance of land records and a proper assessment of the yield. The land records have to be kept up-to-date. All mutations on account of the death or transfer have to be immediately recorded. All partitions should not only be recorded but also shown on the village map.

In course of time, the inportance of land revenue has

declined because it now forms a very small part of the total revenue of the State. This has to a certain extent lessened the inportance of the revenue collection by the Collector. However, the importance of land records has not reduced at all. Land records ar« important for determining the rights of the land holders and tenants in the land. They form the basis for the land reform measures which the government has taken up frxjm time to time. These records are also required 72

to enable the fanner to obtain financial assistance from banks.

In order to discharge these functions collector is assisted by a set of revenue officials. The area of district is divided territorially into sub-divisions, tahsils, kanungo circles and patwari circles. The hiera- rical set-up of the revenue department is given below:

Table No. 1.1 - DISTRICT REVENUE SET-UP nr STRICT (COLLECTOR ) 1 SUB-ni VI SIGN LAND RECORDS (S.D.O) SUPERINTENIENT LAND RECORDS ( TAHSIL ASSTT. SUPTD. (L.R.) (TAHSILDAR & NAEB-TAHSILDAR) 1 KANUNGO CIRCLE (KANUNGO) I PATWARI aRCLE (PATWARI)

VILLAGE - . • (PATEL, CHOKIDAR)

Source: By the courtesy of ACRA, Mr.Abdul Ghafoor, Coll ecto rate, Aligarh. 73

The above table shows separately the,

i) The Revenue branch and ii) The land record branch

At the top level, the Collector is the main functionary of these two branches of revenue.

I- Collector :

The principal function of a district Collector and his staff is to collect land revenue. He must Justify his ancient title. He is responsible for the proper maintenance of accounts of the collection of the land revenue. Collector's responsibility is also to collect government dues other than land revenue.

He si^^ervises a very large number of land records staff in his district in order to ensure proper maintenance, check and correction of land records. He tours and applies spot check and inspection to the land records in villages. He assesses the work of the Patwaris and checks the quality and extent of the s^^e^visory control exercised by the Tahsildars and the Sub-Divisional Officers. He regularly sits in Collectorate and receives various reports on land records from the land records staff like Kanungoes, Tahsildars, S.D.Os and from other special agencies of the land records department. After taking into account these informations he issues general 74 or particular orders to maintain and inprove the efficiency of district adtainistration. This effort is necessary for the protection of rights of the people. In a predominantly agrarian comtry like India the role of the Collector is important to issue right kind of orders for effectively implementing government policies and preserving democratic status of the country. It is his responsibility to consoli­ date various village statistics of the district and submit large number of periodical return to the higher authorities. With the help of his spot inspection, result of reports and periodical returns he becomes able to know fluctuations in agricultural prosperity in the rural areas of the district and taking and suggesting, if necessary, remedial action in time. The Collector " will take note of variations in rental demand, in the state of collections, in cultivated areas, and condition to tenants. If there is a progressive decline in the cultivated area or there is an abatement of any valuable crop, he must think out the reasons and apply the remedies. He would also take note of any development by which commercial classes are ousting the agricultural classes from land. Record concerning the sales and mortgages of land and surrender of fields will provide him a pointer in this connection. He may find that double crop area is decreasing or he may find tlnat for some reason or the other total available land is not culti­ vated; he must investigate into these matters. Sometimes he will notice that a commercial crop is sLpplanting a food crop; 75

perhaps this would be because of the higher prices obtain­ able for commercial crops; but this is dangerous develop­ ment, he would examine the position and suggest a remedy. He also makes his comments in the various Pargana and Circle books. But apart from this general ordinary check, he would have to pay special attention to agricultural calamities when visits the district. Some of these are drought, floods, spread of weeds, soil erosion, serious epidemic cattle deseases and many other calamities. In such a situation agricultural loans will be distributed by the Collector and his relief work will have to be taken ip on a very extensive scale, camps may have to be opened, food and clothing provided and general health arrangements to be looked after. Seeds will be distributed, cattle and agricultural implements may have to be si-pplied, land revenue and rents would be remitted or suspended. The district Collector and his revenue staff are the first to take upon themselves welfare activities. If cattle die in large numbers, rainfall fails, cholera, plague and small-pox take heavy tolls of human life, the Collector always takes remedial measures which are in the nature of welfare acti­ vity. More than that the people always ejq^ect the Collector to do so and they would look to him for relief not only in time of public calamities but also in time of local troubles and even in personal difficulties. He collects revenue and may, therefore, be called a tax Collector, this activity does 76

not make the Collector in public mind something to be dreaded about; land revenue is paid as a matter of habit now and is considered a just and certain demand. To rural India the Collector has always meant pr^dominently an officer who would solve their difficulties, an officer to whom they could always go for action and help"

The Collector is the highest authority in controlling entire revenue staff of the district. He appoints and terminates various village level officials like Collection Amins and Patwaris in Pargana Jaunsar Bawar, DLstrict Dehradun and Patwaris in Hill Pattis. He transfers Patwaris from one circle to another circle within the district v^le the transfer of Amins rests with the Tahsildar. Likewise appointment and dismissal of Village Headman and Village Accountant rests with Collector but for the sake of conve­ nience these powers have been delegated to the Sub-Divisional Officers and Tahsildars. Despite this Collector yet retains appellate authority in these matters. He not only makes large number of appointments of revenue staff in Collectorate but also appoints clerics and peons in various Tahsils and in Sub-Divisions. He has power to punish, promote and transfer them and write their confidential rolls yearly. Moreover, disciplinery control of S.D.Os and Tahsildars and their charac­ ter rolls rests with collector. He transfers Tahsildars from one Tahsil to another in his district. Collector inspects

1. Shukla, J. D.» State and District Administration in India, IIPA, New Delhi, 1976, pp.131-133. 77

every Sub-Divisional Office and Tahsils. Besides perform­ ing his own statutory and administrative duties,he has to ensure that huge revenue establishment working effectively and efficiently. He regularly supervises and inspects their work. Further, he allots work among various gazetted officers.

It is ejqjected that government Interest and property could be better looked after by the district collector. It is his responsibility to avoid encroachments on government lands. He must maintain minor irrigation worics in good repair. Special attention should be given by him to revenue free grants in view to take necessary action in case of lapse. It is well known quotation that there are one hundred and one ways by which government interests in land and revenue could be safeguarded. Apart from this, because of this unique privilege Collector stands between govemmeit and public and both trust him.

The Collector is concerned with two types of cases- mutation and correction cases and the other land revenue suits- the Collector's functions usually in this sphere are appellate, though some land revenue suits are heard by him as a Court of original Jurisdiction. All appeals against Collector's decision heard by the Divisional Comn Board of Revenue or Financial Commissioner. ,'' '"-' <\ I

A'^isa 78

Dr. S.R. Maheshwari has listed the following revenue functions of the District Collector*.

1. " Collection of land revenue. 2. Collection of Canal dues. 3. Collection of other government dues. 4. Distribution of taqavi loans. 5. Recovery of taqavi dues. 6. National calamities- assessment of losses to crop and recommendations of relief. 7. Distribution of distress taqavi. 8. All matters relating to land records. 9- Control overland records establishment. 10. Collecting and furnishing multifarious agrarian statistics regarding rainfall, crops, etc. 11. Land acquisition work. 12. Sipervision of treasury and sub-treasuries. 13« Sanctioning land revenue assignment. 14. Payment of Zamindari Abolition Condensation and Rehabilitation Grant. 15. Assessment and realisation of agricultural income-tax. 16. As ex-officio Deputy Director of Consolidation of Holdings, nearing appeal against the order of the lower authorities. 17. Taking relief measures in case of scarcity conditions caused by natural calamities like fire, draught, flood, water logging, excessive rains etc. 18. Enforcement of Stamp Act. 2 19• Management of the government estates" 2. Maheshwari, Shiram.* Indian Administration, Orient Longman, Limited, New Delhi, 1968, pp.460-461. 79

Above mentioned long list of functions of Collector has made it clear that his functions are more undefined than defined. It is very difficult if not impossible to clearly delineate his duties and functions. The Madras District Revenue Administration Enquiry Committee in 1985 analysed the work load of the Collector and concluded:

" peaking generally a Collector at the present day, for fulfilling his role adequately has to be prepared to accept his daily routine hours work far beyond those usually recognised as official hours. Almost every Collector has more than a fair day's work and he finds no difference 3 between a working day and a holiday" .

II- Sub-PL visional Officer;

For the purpose of revenue administration state govern­ ment under the Land Revenue Acts or the Land Revenue Codes devided district into various territorial units. The terri­ torial unit between the taluk and the district is the Sub- Division in U.P. and revenue division in Tamil Nadu and Kerala. It often consists of a few tahsils or taluks. "The officer in charge of revenue Sub-division is Sub-Divisional Officer(SEO) or Sub-Divisional Magistrate (SEM) in U.P. or Revenue Divi­ sional Officer (RDO) in Madras who is generally a Deputy Collector." So, he is called by different names in different

3. District Revenue Administration Enquiry Committee, Madras, 1985« A. Maheshwari, Shriram. Indian Administration, op.cit. , op.cit., p.467. 80

States. SET^ is either recruited by the State Public Service Commission or promoted from the cadre of Tahsildar. Like the district Collector, the SEM is a generalist area adminis­ trator. Again, like him he speaks with the voice of the government in his own sub-Division.

In Uttar Pradesh, the SEOs are resident at the head­ quarters of the district and are considered directly on the staff of the Collector. They are incharge of many of the functions of the Collector in a Sub-Division; but the Collector allots to them miscellaneous duties as well. In addition, they are also put incharge of various sections of the Collec­ tor's Office. An SED as such has no office of his own. He has a Reader and a couple of clerks to assist him in his judicial work. He has also couple of orderlies. But that is all. He sits in a room allotted to him in the Collector's Office and depends on the Collectorate staff for clerical work.

The SEM exercises supervision over the Tahsildar, Naib Tahsildar and other functionaries in his Sub-Division. He hears appeals against the revenue cases decided by the Tahsildars and Naib Tahsildars. His duties and functions in his Sub-Division are more or less same as those of a Tahsildar in his Tahsil. " The SIW is not directly responsible for the collection of land revenue which is the duty of the Tahsildar. But his duties towards the maintenance of land 81 records, the work of the land records staff and in matter of watching the agricultural prosperity of his Sub-Division are the same as those of the Tahsildar in his Tahsil. He must tour in villages and check up all the records kept by the Patwaries and ensure that they are correctly written up and are up-to-date. Apart from checking the vroric of the Patwaries,he would also see to the quality of the supervision exercised in this regard by the, Tahsildars and the Naib Tahsil- dars. He is responsible for the efficient performance of their duties by the land record staff. He would inspect the revenue branches of the Tahsildar's office including the office of the Registrar Kanungo as, in fact, he inspects all the branches of the Tahsildar's office. He would inspect the Record Room and ensure that all rules have been observed. His duties with regard to the agricultural prosperity in his area are many as well as inqjortant, hence he must acquaint himself with the village statistics, conditions of tenants and crops and infact must keep himself informed of the conditions of agricultural and rural life so that he may take necessary action or report to the Collector. When there is damage to the crops or general femine the relief measures are necessary. He will have heavy work for he will inspect on the spot the condition of crops, check up the statements of relief and will also distri- 5 bute taqavi loans"

5. Shukla, J.D. : State and District Administration in India, op. cit. , pp. 107-108. 82

On the basis of above mentioned information it is true that he is a touring officer gathering information, transmi­ tting it to his district chief, contacting people, sipervis- ing subordinate officials, and finally looking after the execution of governmental activities in his Sub-Division. SDK is •' primarily .... an inspecting, testing, and supervi­ sing officer, hearing appeals and trying cases. He moves about the villages and ascertains the villagers' grievances and wants and gains esq^erience" '. However, the Sub-Divisional Officer as long as he heads a Revenue Division or Sub-Division should impire and motivate the Tahsildars to play their part with imagination and zeal in the fxilfilment of the task of the government. Thus, S.D.O is a valuable field aide to the district Collector. He is an integral part of the district administration. A serious drawback with the SDOs is that they generally prefer to live at the district headquarters rather than within their Sub-Division. In such situation 1heycannot be very effective in their work because even for minor item of work public has to come at the district headquarter after chasing long distance and wasting time and money. If he lives in his Sub-Division he will face difficulty in getting policy matter in time which is more inportant.

6. Report of the (Bombay) District Revenue Officer, Bombay, 1949, p.18. 83

III Tahslldar and Nalb«Tahslldar<

For the sake of convenience & for proper administra­ tion Sub-Dlvlsion of the district is further divided into a number of territorial units knows as Tahsils. It is called Tahsil in U.P. and Taluk in Tamil Nadu. The officer in- charge of it is Tahsildar and for the part of the Tahsil a Naib-Tahslldar. He is knovm as Mamlatdar in Bombay. So far as his appointment is concerned no one is appointed direc­ tly as Tahsildar (except in Bombay) because he is promoted from the rank of Naib-Tahsildar and a few other similar post, a Supervisor Kanungo has a good chance to become a Tahsildar if he is able, but first he becomes a Naib-Tahslldar. Naib- Tahsildars are recruited partly thix)ugh the State Public Service Commission and partly are promoted from the Supervisor Kanungos

Tahsildar is"the principal official in the district administration responsible for actual revenue collection. It has the closest and widest contact with the rural population. His performance is,also, ^Judged by his efficiency as a 7 Collector of revenue". There is a long list of duties Inposed upon Tahsildar. Out of those his principal duties can be looked well under the following heads: 7. Kaheshwari, Shriram. Indian Administration, op.cit., pp.U68. 84

1(a) •• to collect land revenue, canal revenue, taqavi, cesses and other Govennnent dues and perform other duties connected therewith in accordance with such rules as the Government may from time to time prescribe;

(b) to see that the land revenue Jamabandis and Jamabandi of asamis of Gaon Sabha, are prepared correctly and in time;

(c) to see that action regarding assessment, re-imposition or revision of land revenue wherever necessary is ejqseditiously initiated;

(d) to see that wherever required by law, timely action for filing suits or initiating proceeding on behalf of a Gaon Sabha or State Government (which includes Collector) is taken;

2. to keep in safe custody all Government money and property which may be placed in his charge;

3. to supervise and test the land records work in his Tahsil in accordance with the rules in the Land Records M annual;

4. to see that the rules in the Land Records Mannual prescribing the duties of Supervisor Kanungos and lekhpals are properly carried out; 85

5. to collect sipplles for troops marching through the Tahsil.'

6. to report to the Sub-Ed.visional Officer;

(a) all cases of alluvion suid diluvlon which have to be reported under the rules;

(b) all cases in which revenue-free grants, pensions, assignments, etc. are extinguished and lapsed to Government;

(c) all cases in which the condition on which a revenue- free grant, compensation or assignment etc., was made has been broken;

(d) all seasonal calamities affecting the crops, and any outbreak of epidemic sickness or imusual morta­ lity among either men or cattle*

(e) all cases affecting seriously the fertility of soil;

( f) all escheats through failure of heirs;

7. to keep the District Officer and the Sub-Divisional Officer in touch with all important, social, economic and political movements in the Tahsil;

8. to act generally as an Executive Officer of Govern­ ment under the direction of the District Officer and the Sub-Divisional Officer in all matters connected 86

with the land revenue and general adiministration of the Tahsil with particular reference to agrarian situation, law and order and crimes;

9. to supervise the working of the Land Management Committees in the Tahsil;

10. to carry out any other duty assigned by Collector Q or Higher Officials or State Government" .

In spite of above mentioned duties, Tahsildars are required to move freely about their Tahsils. It is needed to acquire the personal knowledge of every portion of their charge for the efficient performance of their duties. Besides,spending time in local enquiries at other seasons of the year, every Tahsildar is required to be on tour beyond a radius of four miles from the Tahsil headquarters. His tour must be from 45 to 60 days in the cold weather as may be fixed from time to time. Moreover, every Tahsildar shall submit to the District Officer monthly, from November to March, a tour diary showing the villages he has visited and giving a brief account of his local inspections.

Naib^Tahsildar*.

The role of Naib-Tahsildar is important during the absence of the Tahsildar from his headquarter. In such situation he will be incharge of the Tahsil office and treaairy. 8^ Revenue Mannual, Revenue Department, Government of Uttar Pradesh, Language Publication Section, Lucknow, 1989, pp. 213-21A. 87

In Tahisls where no Naib-Tahsildar is posted, the Revenue Accountant vdll hold such charge in the "absence of Tahsildar.

It is the most important duty of the District Officer to ensure that the work between the Tahsildar and Naib- tahsildar is so distributed that the latter get a proper share in the executive wor4c of the Tahsil without detriment to the control of the Tahsildar.

The duties imposed upon the Naib-Tahsildar are many and varied. These principal duties can be studied under the following headst

1. " to hold charge of the Registrar Quanungo's office and the land records of the Tahsil. He will superin­ tend and inspect the work of the Registrar Quanungo and be responsible that his registers are maintained in accordance with the rules and that the periodical returns are duly furnished. He will give particular attention to the mutations in Khataunis and Khewats.

2. to test the woric of the Lekhpals & Supervisor Kanungos at the Tahsil and in the field. He will arrange with the Tahsildar to go on tour for the purpose of testing Lekhpal records.

3. to receive the reports of the Lekhpals and Supervisor 88

Quanungos and to report through the Tahsildar on any point connected with land records which requires the orders of the Sub-Divisional Officer. k. to see that the defects pointed out by the inspecting officers at their inspection of the RegistrarQianungo's office are promptly removed.

5. to si^ervise the work of Amins and be responsible that the registers and receipt books are properly kept ip. For this purpose he will test and compare theA-mins' accounts and check their proceeding while on tour.

6. to measure the rainfall of rainguage under his charge, maintain the register and report on the prescribed dates all falls of rain to the District Officer throu^ the Tahsildar.

7. to perform such other duties as may be prescribed by or under any other rules or orders of the State Govt., or as the Tahsildar with the general or special sanc­ tion of the District Officer, may entrust to him.

8. to prepare narratives in cases in which the Government is a party.

9. to carry out any other duty assigned by Collector or Q hio;her official or State Government" ^. Revenue Manual, Revenue Department, Government of Uttar Pradesh, op.cit., pp.215-216. 89

In order to make Tahsildar and Naib-Tahsildar more effective in their work their status must be raised and "they should be provided with transport and adequate s^Dport- ing staff to make them worthvrfiile. Further to propose reform, the collection of land revenue which is proportion­ ately not very large, should either be discontinued or en­ trusted entirely to the village panchayat or primary coop­ erative society. The collection of land revenue is a means by which possession and ownership of land are annually re­ asserted or re-ensured and it is therefore, the basic res­ ponsibility of the revenue administration and not of the village panchayat or primary cooperative. Entrusting the realisation of the land revenue to another agency is tanta­ mount to abdication of its basic responsibility by the re­ venue administration and will lead to frequent encroachments of the land belonging to the weaker by the stronger and 10 interminable litigation and village feuds."

Tahsildar is invested with the powers of a second class executive magistrate but he hardly has an occasion to exercise them due to the overwhelming prevalence of the sipervening authorities. Besides, he is not normally equipped with modem management knowledge. Thus, his ini­ tiative is inadequate to welcome innovations in the area of his office.

10. Sadasivan, S.N.i District Administration,Indian Institute of Public Administration, New Delhi, 1988, pp.140-Al. 90

IV Kanungo i

For the purpose of revenue administration, next lower unit down to Tahsil is known as'^argana in Uttar Pradesh, Circle in Maharashtra and Firka in Tamil Nadu. This unit is placed under the charge of Sipervisor Kanungo in U.P., Circle Inspector in Maharashtra and the Revenue Inspector 11 in Tamil NaduV The post of Kanungo has been created to inspect many, conplex and inportant duties of the Patwaris, so that these are efficiently, honestly and properly peir- formed. There are three types of Kanungoes in U.P.- Supervisor Kanungo, Registrar Kanungo and Sadar Kanungo. Each type of Kanungo has little different work to perform which can be looked well under the following heads*

A- Svpervisor Kanungo ;

He is also known as Circle Inspector in Bombay and Revenue Inspector in Madras. The power of his appointment & removal or reduction in rank rests with Collector. He can be transferred within the Sub-Division by the S.D.O. but from one Tahsil to another v/ithin the district by the Collector. Likewise,he is transferred from one district to another \vdthin the division by the Commissioner. The power for his promotion to the post of Naib Tahsil da r or Sadar Kanungo rests with Board of Revenue. A Si^^ervisor Kanungo usually resides in his Circle. He is expected to shoulder 11. Maheshwari, Shrirara: Indian Administration, op.cit,,469. 91

more responsibilities apart from being equipped with local knowledge. He is better known as field Kanungo. The duties of a Kanungo may be summarised as follows*

Kanungo has to ensure that the Village Accountants in their Circles carry out all orders by observing rules e.g. discharge duties punctuality and promptly , write tp their registers correctly and keep them up-to»date; they keep their map, registers and survey instmments and write up their diaries etc. He ke^s watch over the Village maps in Order to ensure that all union and division of fields have been shovvTi in the map. He also looks the preservation of boundary^ verifies and tests the patwarles records in order to correct any entry that may be foiflid wrong. Besides, he looks the quality of the woric of the patwari. He may also find from spot verification that certain farmer mjgbt have died for some time and yet his name continues. He would ask the Village Accountant why a report was not made for mutation or correction. He may find that some one other than the recorded farmer may be in possession of a field and may be cultivating it. Likewise, he may find encz^Dachments on Government lands which have not been recorded by the Village Accountant. The verification and submission of Village Statistics and detection of agricultural deterioration are other inportant works of Supervisor Sanungo. It is his duty to Indicate the reasons for these deteriorations on the basis 92 of -which necessary action will be taken. He has a great knowledge of local areas. He tours regiilarly and meets the people. He is entrusted with many local enquiries. He is not required to undertake enquiries concerning crime or enquiries ordered by courts of law. But there may be persons creating local nuisance and there may be distputes about the use of water. Many such disputes are referred to the Svpervisor Kanungo for settlement. Many times enquiries from other departments are also referred to him. Tahsildars, also, entrust him with many miscellaneous duties in case of fire, census, elections, public fairs, when the army is marching through his circle, on all these occassions he has some duty to perform and some assistance to render. Thus, the Sipervisor Kanungo is a nutshell constitutes a very valuable link between the Village Accoun­ tant and the Tahsildar.

B- Registrar Kanungo :

The Collector is enpowered to appoint and dismiss the Registrar Kanungo. The power to promote him for the post of Sadar Kanungo rests with Board of Revenue. He is either a promoted Patwarl or an official from the staff of the Collectorate or Tahsil office. Generally each Tehsil have a Registrar Kanungo with one or more assistants. 93

It is the duty of Registrar Kanijngo to receive records axid registers from the Patwaries. Patwaries prepared these records annually. After receiving, "Registrar Kanungo will keep these registers and records at the Tahsil Record Room, then weeds out some of the records and transfers others to the District Record Room. His work is to see that every record and register is coa^lete and Is in order. Besides, Registrar Kanungo receives numerous periodical statistical statements fix>m Patwaries and compile them for the Tahsil and sends those statements to the Collector's Office. Whenever any higher official like Collector or S. B.O. or Tahsildar visits to examine these books, he can gather valuable information regarding the area that may help in taking necessary actions. Registrar Kanungo keeps stock of various forms, registers and survey instruments which he distributes to the Patwaries. Whenever Patwaries and Sipervisor Kanungo submit statements of loss and suggest remissions and suspensions of recovery of revenue because of agricultural calamities then it is the duty of Registrar Kanungo to consolidate these details for any part of the Tahsil concerned. He is a Registrar of changes in landed property. He also keeps mutation funds registers. He keeps the Patwaries' pay accounts. He also maintains certain registers in which inportant Government interests are entered. He maintains accounts of survey instruments and printed village maps. He maintains the list 94

12 of civil and military pensioners and gets it verified." Thus, it is another angle of Kanungo by which Patwaries' work may be looked out well.

C- Sadar Kanungo :

The appointment and dismissal or reduction in rank of Sadar Kanungo rests with Plevenue Board. Generally, he is promoted from the rank of Supervisor Kanungo. He is also promoted to the post of Tedisildar and to the post of Inspector and Instructors of Kanungoes by the Revenue Board. There is one Sadar Kanungo for each district. He gets help in his woric by assistants as well as clerks. He is the Collector's executive and advisory officer in all matters of land records and the land records staff. He has to perform both office duties as well as field duties.

" He tours in Patwaries' circles, verifies and checks Patwaries records and also sees what the quality of stqper- vision which the supervisor Kanungoes have exercised over the Patwaries' >ork. He is an e^qserienced official and ably si^Dplements the supervision of the S.D.Os and the Tahsildars over the Patwaries and supervisor Kanungoes. He also inspects the Patwaries and Kanungoes in their duties and checks their diaries. His inspections go to the Collec­ tor who passes necessary orders thereon. On the office side he keeps necessary records, character rolls, survey books of 12. Shukla, J.D. i State and District Administration in India, op.cit. , p. 76-77. 95

Patwaries, Si^Dervisor Kanungoes and Registrar Kanungoes and puts \jp proposals regarding their promotions and transfers. He keeps account of their leaves He, also, inspects Tahsil Registrar Kanangoes offices in the district, ^breover, the Registrar Kanungo consolidates statistical statements for the Tahsil while Sadar Kanungo consolidates these statements for the District. Further he is the keeper of the revenue record room at the district headquarters or in any case inspect iti'

The multifacet activities of Sadar Kanungo does not end here. He advises Collector on land records. Numerous references will come from the Tahsil relating land records and land records staff asking for orders and advice. Such references should be counted on by the Sadar Kanungo. Besides, many general orders will come from the Revenue Board. In the lightofthese references Sadar Kanungo drafts suitable orders and ensures nece­ ssary actions. Thus, we can say Kanungo holds key-post in revenue administration and his worthwhile assistance keeps administration on going. He is the real sipervisor of the land records as well as their maintalner.

13. Shukla, J.D.; state and District Administration in India, op.cit. , p.7879. 96

V- Patvarl ;

He is the revenue officer in the village normally in all the Hindi speaking States like U.P. The Patwari can in practice with the social power at his disposal, exerts considerable influence upon the district adminis­ tration. The power for his appointment and dismissal belongs to the Collector. The little controlling power of Patwari is delegated to the S.D.O. As he can transfer him from one circle to another and can issue penalty of fine not exceeding 3 months pay for misconduct or neglect of duty. There are certain educational qualifications prescribed and when a person is appointed as Patwari he is trained in a Patwaries School. A gro\^ of villages are placed under the charge of Patwari. It is expected that Patwari will stay in his circle unless on good grounds he has been exenpted by the Collector from resi­ dence.

The work placed under the charge of Patwari is so important, detailed and conplicated that he is closely supervised by the Kanungo. He performs . the basic function of maintenance of land records and helping collec­ tion of land revenue by the Village Patels, Amins etc. He has no revenue case woric but has to assist the revenue officers by providing the necessary land records and other evidences. In the matters of land records he receives 97

theoretical and practical guidance from Siperintendents of Records and Assistant Si^erintendents of Land Records. Moreover, Patwari keeps a diary in which he records daily happenings of any significance. He also keeps some survey instruments and undertakes measurement and demarcation work on a limited scale.

It is the primary duty of the Patwari to prepare land records or village records, to maintain them and to incorporate ail corrections in them from time to time. The Government undertakes not only to define the rights of the people to land periodically at the time of settle­ ment but also keeps on i:|)-to-date records of such rights so that no one is ignorant as to what these ri^ts at a particular time are. That is the essence and that is the value of the land records or Patwari's papers or village records. For the sake of convenience Patwari's registers and papers may be divided into two heads - Village Records and Village Statistics.

There are large number of registers which the Patwari keeps with himself, few inportant out of that are -

1. " The Map of the Village is prepar§d at the settle­ ment and shows every field, that is, survey number. The Patwari gets this as a trust from the settlement as he does the record of rights, and he keeps it 98

up-to-date by siiovdng changes which happened on the spot in the formation of the fields.

2. Khasra t This is index to the map. For every field it gives certain details viz., the number of the field, the area of the field, the method of irrigation of all crops grown during the year etc. The khasra is prepared annually, entries regarding crops are made as a result of inspection locally known as 'Girdawari'. The Patwari visits every field when crops are standing for two or three times in a year. Thus, the khasra is written up and all changes regarding fields and boundaries are also noted.

3. Khetaunl : TMs is a record of rights for the tenants In khetauni the details are given tenantwise. First the name of the tenant will be given and then will follow the khasra numbers, that is, fields which he cultivates, their areas, and rents. By this system not only the tenants but also the revenue courts can know at once how many fields and how much area does a tenant cultivate and v^at is the rent due from him.

4. Register of Mutations of which more hereafter v^en dealing with subject of correction of records. When­ ever any change is reported or comes to the notice 99

of the Patwari he enters it in the register of nutations. Then sends a list to the Tahsil. During their tours certain revenue officers v^o are called " Certifying Officer" , who have powers to decide Doutations, come to village, check the enteries in the register of mutations and " certify" them. No mutation is certified except in the presence of the parties concerned. Thereafter necessary correc­ tions are made in the record of rights. Thus .officers on tour decide these disputes locally** 1 k.

In inportance the " Village Statistics come next only to the record of right* these the Patwari abstracts periodi­ cally from the village registers and submits to the Tahsil. These are called periodical returns and contain a wealth of information regarding village life and agricultural condi­ tions; and on this ultimately are based the national statis­ tics . The village statistics indicate rainfall, condi­ tion of the crop, from this the authorities are kept informed about the state of crops in the village and is a failure of crop threaten;they are forewarmed so that necessary action may be taken." ^t helps government in knowing about culturable and non-culturable land. It also shows sources, of irrigation by v^iich revenue officials would know whether irrigation facilities have itnproved or deteriorated and may take remedial

1A. Shukla, J.D.: op.cit., pp.5>-55. 15. Ibid. p.64. 100

action. Moreover, the Patwari prepares cattle census registers, and statements of epidemic disease, animal diseases and vaccination etc.

On the basis of above analysis we can say that every inch of land in India is measured and mapped out to a scale. Rights of the fanner to their land could be known and kept up-to-date. Now government can fix land revenue for every piece of land. This is a continuing process. It has been made clear that to whom fanner has to pay land revenue and >*iat ar« his rights and liabilities to the land. With the help of sophisticated technology government provides prior information of weather to the farmer. Further, Patwari is the government representative in the village. His worth­ while information about agricultural condition helps a lot to the officials of Agriculture Department in the distri­ bution of seeds and manures. On the basis of Patwari's identification of village people, agricultural loans could be distributed to the needy persons. He reports all diseases of crops so that agricultural officials may take remedial actions He helps the Health Department by reporting epidemics and helping vaccinators and inocculators vrtien they come to the village to perform their duties. He helps the Excise Itepartment by reporting any unlawful cultivation or collection of any plants from which an indigeneous drug can be produced. He carries out very valuable duties during 101

election and is the only person who can identify every voter in the village. If needed, he collects villagers so that they may listen to a departmental official over any matter. So, every official of the government required his help and information in discharging public duties.

YI- Patel and Cbo\

Every village has tvo more functionaries, Village Patel and Village ChovAcidar. Patel helps in recovery of revenue on commission basis. Village chov^ldar helps the Patel and helps revenue and other officers in performing their duties in the village. He also attends the thana at regular intervals and keeps the Police informed of the developments in the village.

Coercive processes in collection of land revenue :

Generally every cultivator pays land revenue which is realised from him. But there are persons who don't pay agriculture tax deliberately. In order to bring them under the course of law sometimes some coercive processes are necessary to collect land revenue. The collector is expec­ ted to keep svpervision over the coILectlDn time to time. Besides, the success of the system depends upon the certain­ ty of land revenue dues fixed on an annual basis and collec­ ted in a number of instalments over a year. The instalment 102

of payment should be fixed according to the number of main crops raised in a year, the time when they are harvested and relative value determining the income of the cultivators. Generally two instalments in a year ai^e fixed, one at the time of Kharif and second at the time of Rabi crop. V/hen any farmer fails to pay instalment,is called a defaulter. In such case revenue officer will not go to civil court but will put into motion the machinery of coercive processes. These important measures are given belowt

1. " Writ of demand. 2. Arrest and detention of defaulter. 3. Distress and sale of his movable property. A. DLstress and sale of his immovable property. 5. Attachment of his share with respect of which the arrear is due, its sale and transfer. 16 5. Annulment of settlement"

It is not essential to proceed these measures in the same manner as encoded above. It v^olly depends upon revenue officer to adopt measures v^ich he deems fit according to the circumstances. There are certain conditions, for instance, when movables are attached agricultural implements have to be exenpted. Thou^, out of the above mentioned processes certain are issued by the Tahsildar, others by the S.D.O.

16. Shukla, J.D.; op.cit., pp.48-49. 103

and some others only by the Collector. Generally, the attachment and transfer of share and annulment of settle­ ment requires the sanction of government. Now, collection of agriculture tax has become so smooth and easy that hardly any coercive process is used.

After going through the above discussion we can say that main strxjcture as well as methods of the administra­ tion in the district are much the same as they were before independence. This, despite the great changes brought about by the major land reforms which have over large areas of the country made fundamental changes in land tenures and holdings. Among these major changes the abolition of the zamindari and consolidation of land holdings have changed the face of the land over large areas. Despite all these changes the Collec­ tor of the district with his staff continues to be the princi­ pal agency of the government in field administration for revenue, proper maintenance of the land records and the land management. CHAPTER -III

ROLE OF THE DESTRICT OFFICER

AS A MAGISTRATE 10A

CHAPTER III

ROLE OF DISTRICT OFFICER AS A MAGISTRATE

As a Magistrate the District Officer has two-fold responsibilities:

i). maintenance of law and order or non-judicial, and ii). trial of criminal cases and sipervision of magis­ terial courts or Judicial.

With the separation of judiciary from the executive the second function is mainly performed by first, second and third class Magistrates on his staff including Sub-Divisional Magistrates and Tahsildars. " He takes on his file important criminal cases such as high official is accused of cornption, big scandal concerning some big business, etc. In some States he hears criminal appeals from the courts of 2nd and 1 3rd class magistrates" . The judicial function of the D.M. has been affected in those States where the system of separation of judicial and executive functions has been introduced.

The work of inspection of trial registers & case record is carried out by the session and assistant session judges and the responsibility for proper and speedy disposal of cases is theirs. While the functions related to the pcQice like handling of law and order and issue of licences for firearms, continue to be discharged by the District Magistrate and executive magis­ trates subordinate to him. Theugh, with the separation of 1. Shukla, J.D.: State and District Administration in India, IIPA, New Delhi, 1976, p. 136, 105

Judiciary from the executive as mentioned above the Judicial function is now mainly performed by the Judicial Magistrate. However, the responsibility for maintaining peace and law and order still rests with the District Magistrate.

The maintenance of Law and Orderl

It has two facets, as;"(i) "the detection and preven­ tion of crime in general, and (ii) the prevention and quelling of riots and some serious disturbances'.'" The first function is discharged mainly by Police while in second the DLstrict Magis­ trate plays an important role.

Law and Order is central to district administration functioning. The term 'law' may be defined as 'the body of indicated or customary rules recognised by a community as binding.While "Order' is defined as the prevalence of consti­ tuted authority, a law-abiding State, absence of riot, turbu­ lence and violent crime . The basic responsibility which the District Magistrate has been shouldering from the very beginning is of law and order. The problem of public peace and tranquility is huge and complex in a democracy because people in the name of rights keep ready themselves for agi­ tational means to force all those authorities responsible to meet their demands. Moreover, the mass violence and wide spread destruction of both public and private property and criminalisation of politics and politicisation of criminals 2. Chaturvedi,T.N. and R.V.Jain, DLstt.Administration, Indian Institute of Public Administration,New Delhi, 1980, pp. 22-23. '106

are on increase. Besides this, police atrocities have frustrated and shattered down the belief and faith of people in the police which had resulted in the form of agitation against the police dictatorship.

There are certain principles which should be under­ taken by the District Magistrate to maintain law and order. That is what makes these principles valid, precisely as in the case of law. The watch-dogs of those principles cannot be the executive agencies of the country's governance, or any agent of the executive. The watch-dogs in our country consist jfirstly,of Parliament and the other legislature; secondly, the Judiciary; thirdly, most iaportant of all, the citizens.

The first principle is that '• law and order are inseparable. There can be no law to prevail unless there in an order; and no order can prevail which is not that of a law-abiding nature. Order can indeed prevail for very short periods in special circumstances, without the law prevailing. Tbe law c?n be denied by a sudden dictatorship, by a sudden unsurption. History and contemporary events provide many examples of this. But law cannot be maintained at all with­ out order. This exactly is the reason for making the rule of law supreme, and not the rule of order. As the agencies of law cannot even function without a state of order (the 107

Judge of the Supreme Court cannot get out of his house, leave alone enter his court so that he may adjudicate and hand down the law, if there is a riot going on infront of his house), the agencies of order can i;5)set the rule of law itself. We recognised therefore the inseparable nature of law & order.

Second principle, that of absolute priority of law and order, seems again a fairly obvious one. But in prac­ tice, there are surprising number of failures to recognise, understand and to apply this rule. For example, if an Election Officer is conducting an election, there is excite­ ment, threat of disorder, threat of a riot, and the question is: should he, as a magistrate, responsible for law and order and for maintaining peace>deal first with the threatened riot and prevent it, or should he continue the election process which is prescribed by law and which would be rendered infruc- tuous unless is kept to the very strict election procedure and time schedule. It is the toughest situation for District Magistrate to decide which function should be given priority. Here wrong priority will defeat the very purpose of maintaining law and order. So,it is of no use to try and do any thing at all, unless law ?nd order is first rendered effectively" .

3. Khera, S. S.; District Administration in India, Asia Publishing House, Bombay, 1964, pp.7A-76. 108

The third principle is the aile of law . This concept has been borrowed by us from the British Constitutional history and practice. In this regard, Dicey made three types of definitions of the rule of law. " The first is the absolute si-premacy or predominance of regular law as opposed to the influence of arbitrary power. It inhibits the exercise or prevalence of arbitrariness, power or authority on the part of the government. And when we say government we include all the agencies of government. The second definition is equality before the law, the equal subjection of all classes to the ordinary law of the land, administered by the ordinary law courts. The third definition of the rule of law, whether the Constitution, be largely unwritten as in Britain, or codified as in the USA and India. The provisions of the Constitution are not so much the source as the consequence of the rights of individuals as defined and enforced by the courts.

Britain has no written constitution, despite this main struggle was not between the cort of law and the king but it was the struggle between king and parliament for svpre- macy which produced the great laws which govern human free­ dom in Britain, such as,Magna Carta, the Bill of Rights, the abolition of Star Chambers etc.

The rule of law thus signifies the universal appli­ cation of law thrx)ugh the ordinary courts of law. Due process 109

of law is a term which is well known in the United States. It is a phrase against which the administration as well as the legislature in that country stumble again and again.

Independence of the Judiciary is an important feature of the rule of law. The whole body of laws of our country implicitly provide that the Judicial process, and the Judiciary, must be independent of the executive and the legislature. Unless Judiciary is independent, the rule of law cannot prevail. For the guardian of the rule of law Judiciary functions without any influence, pressure, or favour.

Rule of law also means the finality of Judicial decisions. The verdict of a court of law is final. No one can ipset it. Actually it is binding and compelling perfor­ mance through all the process of government. The only thing that can ipset the final verdict of the courts is the amend­ ment of the Constitution itself without amendment even parliament cannot do anything.

Yet another feature of rule of law is the right of free access to the courts, and freedom to activate the Judicial process. The only tool in the hartis of executive in India for stopping people from moving to the court is emer­ gency under Article 352. It is also only for a temporary period. There can be no denial, in normal times, to anyone 110

A of the protection of Article 32 of the Constitution" .

The fourth principle of law and order is safety of all. The meaning of this principle is exactly what it says the maintaining of law and order is concerned directly with the safety of everyone, without any distinction or exception whatsoever. The protection for all is absolute. There are no conditions attached to it. The authorities responsible for maintaining law and order must protect everyone, uncondi­ tionally, all the times.

To ensure the principle of safety of all the funda­ mental rights are guaranted by the Constitution. These rights are; Article 13 that the fundamental rights cannot be taken away. Article 14 provides for equality before the law and equal protection of law for everyone. Article 15 sets out that there shall be no discrimination on the grounds of reli­ gion, race, sex or place of birth. Article 16 proposes equal opportunities to all the public employment. Article 17 abo­ lishes untouchability. Article 18 abolishes titles but State is not prevented from providing titles of military or academic distinction and award for social service like Bharat Ratna, Padma Vibhushan, Padam Bhushan and Padma Shrl. Moreover, public institutions like a University is not debarred from pro­ viding titles or honours for their men of merit. Article 19

4. Khera, S.S.; District Administration in India, op. cit. , pp. 77-81. 111

provides all citizens right to freedom of speech and expression, to peaceable assembly without arms, to form associations and unions, fireedom of movement throughout the territory of India, to reside and settle anywhere in India, to undertake any profession, trade, business or occi5)ation. Lastly, the article 32 gives access to every­ one to the Si5)reme Court for assertion of these fundamental rights. Most inportant writs under article 32 are Hebeas Corpus, Mandamus and Certiorari.

The fifth principle of law and order is the use of force which means that force is essential to the maintenance of law and order. By nature man does not Uke it, " Indeed in the very maintenance of law and order, much is achieved by persuation. But there must be behind the persuation the sanction of physical strength.

One has to contemplate the situation of a small section of police constables in the midst of a howling mob, with a riot in violent progress. The constables have the duty laid upon them, not merely to watch and report what is going on, but to interfere and to try and stop the riot. The law lays this duty upon them. What are they to do? This may be an illustration of an extreme case, but any one who has had to deal with the maintenance of law and order will know the situations all too frequently present themselves, where the sanction of force and the actual use of force is impera­ tive in order to maintain law and order. 112

Use of force can be seen in time of dispersal of un­ lawful Assembly. The District Magistrate may command unlaw­ ful assembly to disperse if it is likely to cause a dis­ turbance of public peace. If it does not disperse, the Executive Magistrate may cause it to be dispersed by armed forces. Such magistrate may arrest and confine persons forming part of the assembly. Besides, it is the responsi­ bility of every such officer of armed forces to use little force and do little injury to person and property, as to disperse the assembly" .

It is a universal phenomenon that man does not like the use of force, but to deny the use of force in the mainte­ nance of law and order is to defeat law and order itself.

The Sixth principle of law and order is the supre­ macy of the civil authority. The Constitution , statutes, rules, customs and practices have stated that the civil autho­ rity is supreme.

The District Officer performs this function (of main­ taining law and order)as District Magistrate with the assis­ tance of the district police and other agencies which may be helpful in this respect. According to the Police Act of 1886

5. Khera, S.S.; District Administration in India, op. cit. , pp.82-85 113 and the Police Regulation of different States, the different police functions are performed under the overall svpervision and control of the District Magistrate. Thus, he is the man responsible for the maintenance of law and order. Actually, the district police functioning under the control of the Superintendent of Police, who is the main instrument of the District Magistrate for restoration of peace and tranquility.

S.R, Maheshwari has listed the functions of the District Magistrate as follows:

1. " Control and sipervision of the subordinate magis­ tracy, to order magisterial postings during festi­ vals.

2. Promulgation of orders whenever there is any danger of breach of public peace and tranquility.

3. Disposal of all the petitions and miscellaneous general compalints received from the Govt. & others.

^. Making Jail inspections and ejqseditious disposal of cases of under-trial prisoners. 5. Grant of superior classes to prisoners. 5. Pre-mature release of prisoners.

7. Release of prisoners on parole. 8. Dealing with mercy petitions from prisoners. 9. As head of criminal administration of district, contrxDlling and directing the action of the police. 114

10. Submitting an annual criminal report to Government.

11. ^pointment and punishment of village chowkidars.

12. Inspections of police stations once a year.

13. Sanctioning expunction of a crime from the crime register. 14. Recovery of repatriation charges.

15. Accidents.

16. Payments under the Workmen's Compensation Act. 17. Labour problems, strikes etc.

18. Recovery of cane cess.

19* Prosecution under Sugar Factories Control Act.

20. Infringements of the Trade Mark Act.

21. Sanction of temporary electric connections including enquiries regarding breaches.

22. Grant and cancellation of many kinds of licences.

23. Sipervision over si?)ply office and rent control and eviction officer under Rent Control Act and in sipply matters.

24. Sipervision and control over local bodies, municipal boards, notified areas and town areas, and channel for correspondence.

25. Enforcement of the Cinema, Entertainment and Betting Tax Act.

26. Recoimnendations for the issue of passports & visas. 115

27. Supervision of \jork of probation officer.

28. Making of reception orders for lunatics.

29. Enforcement of Press Act and disposal of declara­ tion in respect of the press and newspapers.

30. Administration of nazul lands.

31. Recommendations of schemes for the development of forests.

32. Issue of permits for the cutting of trees.

33. Control and supervision of election vroric in the district.

34. Issue of certificates for domicile, scheduled and backward classes, guardianship of political sufferers etc. 35. Providing for fixation of poles, etc., on private lands or building for convenience of electric current'%

Agencies in Controlling Law and Order:

Thei^ are many agencies, deeply concerned with the maintenance of law and order such as» the Central Government, the State Government, the Judiciary, the Magistrate , the police, the military forces,, the civil forces such as the home guards, and finally the citizens.

Let us first take up the Magistrate ." The District Magistrate and other magistrates subordinate to him deal with

6. Maheshwsri, Shriram: Indian Administration, Orient Longman Limited, New Delhi, 1968, pp. 460-62. 116 the district administration. They are responsible for the prevention of crime, for the restoration of peace and order with the assistance of the police, and if necessary with the assistance of military. The District Magistrate is incharge of overseeing police investigation, vdiile the magistrates are concerned with the processes involved in these investi­ gations, including particularly the identification of sus­ pected persons, confession and dying statements, identifica­ tions of property, searches, and generally overseeing the activities of the police.

It is the duty of Magistrates to make inspections including visits to police stations, examination of police diaries and other records, and inspection of police staff. During the time of their visits in the district they are expected to make local inquiries about the general state of law and order. Despite this Magistrates should know the incidence of crime, the work of police, and any conplaints by the people. There are also frequent and close consultations between the magistrates and the police officials. This con­ sultation starts, at the top, between the District Magistrate and the Si^serintendent of Police and goes in the same way down the line.

In the line of Magistracy, the Sub-Divisional Magis­ trates of the district are concerned with the progress of 117

prosecutions, and the results of prosecutions by the police. The reports of these results reach the magistrate who makes his comments over it • In case of an acquittal, a government appeal can only be filed after the District Magis­ trate has satisfied himself that the police case was a good one and was properly presented in the court. An appeal against an acquittal is not to be lightly uidertaken, such an appeal be filed in the high court, the District Magistrate assumes personal responsibility for the case as presented by the police." '^

Once a year the District Magistrate must make a report known as the Annual Criminal Report of the district. In this report are tabulated and analysed all the statistics having to do with law and order in the district* This report is submitted by the District Magistrate neither to the government nor to the Divisional Commissioner who is in the departmental line of authority directly above the District Magistrate. He submits report to the district judge. Here we see that the annual criminal report is submitted to the judge; that is, in the line of the judiciary as defined in the Constitution, and not directly in the executive line of government.

Another instrument in controlling law and order is the Police. Police has many kinds like armed police ,as well as, reserve police force. The police pattern in our country is derived from the Police Act of 1861. This act is still a 7. Khera, S. 3.: District Administration in India, op.cit. , pp.95-97. 118

principle statute to govern the police establishments in every district of this country.

Obviously, police forces in India are maintained by the respective State. The State has its own police force. Under the Act of Parliament of 19^9» provision has been made for the establishment of an armed Central Reserve Police Force (CRPF) .

The organisation, functioning and control of the police is regulated under the provision of the Police Act, the Criminal Procedure Code, and other laws and rules. The rules made in conformity with these laws are contained in the police manual of each State. Every law must be in accordance with the provision of the Constitution. These rules pres­ cribe the inter relationship between the police officials and formations as well as relationship between the magistracy and police. Rules set out the duties of the different police officials. It also lay down as to how the police should conduct theirselves in the prevention, detection, investigation and prosecution of offences, in maintenance of law & order.

The police is instructed in detail to conduct inves­ tigations, inquest, post-mortems, how arrests shall be made, and searches conducted. How they should deal with the special groips like VIPs and foreigners etc. 119

Among many duties of the police one is to execute writs issued by the courts including summons** to accused persons, to witness, warrants of arrest and search warrants.

In order to administer the district, the control and direction of the police force is vested in the District Magistrate. This is provided for by law, and the police manuals also lay stress i?)on this. Three main features of the police administration in district are -

First, any action by any police official must not be beyond the parameters of law. He cannot arrest anybody at will. He must act in accordance with Section 23 of the Police Act of 1861, Section 7 of the Act of 19^9, the Code of Criminal Procedure, and the principles of law and order.

It is the prior duty of every police officer to obey and to execute all orders and warrants lawfully issued to him by any competent authority. It is in his duty to detect and bring offenders to Justice, to apprehend all persons whom he is legally authorised to apprehend and for v^se apprehen­ sion reasonable grounds exist. This criteria must be followed by the every police officer of any rank.

Second, is the compulsion to obey. If a lawful order is lawfully given, the police officer has no option but to obey. In case of disobedience they will be treated under the rules of disciplinary action in the department or as offenders 120

under the criminal law.

Third feature concerning the functioning of the police force in the district is the overriding control of the District Magistrate. This system of control can be realised in each district of India. This provision has been made under the Section 33 of the Police Act of 1861. This Act proposes that the control of the police in the district shall be vested in the District Magistrate. This pr^ovision is still in practice in every district. Thus, the District Magistrate is ultimately responsible for law and order in the district. He is also responsible for deployinent and use of police in the district, as well.

Diminishing role of District Officer as Magistrate*.

The control and direction of the district police for the maintenance of public order is vested in the District Magistrate. It is a basic responsibility of the Si?Derin ten dent of Police (SP) to keep the Magistrate infer me daboutihe state of peace and serious crimes committed in the district. The S.P. has to suggest clear line of action, supposed to be taken from time to time to preserve peace.

Under the British rule, the District Magistrate( D.M.) and the District Superintendent of Police(S.P.) worked tog^her in harmony and cooperation but now-a-days the instances of 121

clash between the two have become a normal feature. It is now being stated by the police that " the exercise of supervisory powers by the Ed.strict Magistrate weakens the authority and reduces the position of the Superintendent of Police"® . In the opinion of the Bihar Police Commission " the present conflict, wherever existing, is due more to a 9 conflict of personalities than a conflict of system itself". It has not proposed a radical change in the relationship which has been existing between the tvro since 1861. With the increasing rate of crime, mass movement of the people and political unrest, the police organisation has expanded enormously and the Inspector-General of Police >^o was at the apex, has been pushed a step down. Now his place is taken over by Director-General of Police. This step has been taken to make the police organisation top heavy. Further, this revolutionary step modernised the police organisation in accordance with the social needs of our democracy. The huge expansion of police organisation hardly enables the police officers to inprove the quality of policing or to humanise the policeman in his day-to-day dealings with the police or to reform his ways in order to have a clean image. Now-a-days,

8. Report of the U.P. Police Coraraission( 1960-61), Superinten­ dent, Printing and Stationary, Allahabad, 1961, p.15. 9. Report of the Bihar Police Commission(196O-6I), Superin­ tendent, Printing & Stationary, Allahabad, I96I, p.15« 122

police is widely blamraed for using excessive power spe­ cially in terms of implication honest men in concocted or planned crimes, death of suspects in custody, rape of help­ less women, torture of innocents and elimination of con- cientlous political activlts in fake encounters etc.

" At the lower levels especially, the police have undergone a measure of politicisation so as to forge a direct link between the Junior officers of the force and ministers cutting across the disciplinary lines and rules and proprie­ ties of subordination. For reasons v^ich are now intelligible, the Edstrict Kxagistrate no longer can claim that he is in full control of the district police which consists of the Svperin- tendent of Police, additional superintendent of police, sub- divisional police officers as they are known in West Bengal or assistant or deputy-Superintendents of police of sub-divisions, inspectors of circles, sub-inspectors and assistant sub- inspectors of station houses or police stations and head constables and constables, apart from a contingent of armed reserve police and a unit of criminal investigation department'}1 0 This long hierarchy of police organisation has created a new web of intra-departmental interrelations and loyalties. Now the Deputy Inspector-General of Police has power not only of supervision over the superintendents of Police but also works as a coordinator for the activities of district police.

10. Sadasivan, S.N.; District Administration, op.cit., p. 32. 123

The practice of direct reporting to the Inspector- General of Police has minimised the charater of authorityvAich the District Magistrate has over the district police. Further, the police has developed a strong tendency to consider itself independent from the svpervision and control of the magistrate. Under the political patronage, it can go along with its claim for getting magisterial powers. In a developing country, the police should be used as an instru­ ment within the parameters of law by a detached and indepen­ dent authority like the magistracy. On the other hand, it may be pointed out that the intention of the police to ignore the magisterial power of the District Magistrate is • essential for minimum safeguards for the citizen against the exercise of unbridled force and legitimising the use of the requisite meausre of force which is inflated at times by the weakness or over friendliness or indulgence of the magistrate. Invariably, the police has the penchant for excesses particularly when moved into action against any protesting group not excluding of the blind" ^^ .

The law and order cannot effectively be maintained if any important component of its machinery works differently, in such a way as to initiate friction. Then an able magistrate is that who uses his position to lay down personal strategy in such a way as to prepare police psychologycally for the

11. Sadasivan, S.N.; District Administration, op.cit., p. 32. 124

acceptance of his authority. Any ego problem coming \jp because of equal position between D.M. and S.P, can be settled dov/n if the approach of magistrate towards SP is marked by cordiality, spirit of partnership and informality free from pretensions of his service affiliation.

The efficiency of the magistrate in maintaining law and order will greatly depend upon his ability to make himself effective as the leader of the official fraternity of the district.

Hitherto, the relationship between the District Magis­ trate and the Si-qperin ten dent of Police has been the matter of great deal of discussion. The S.P. feels that his position has unnecessarily been subordinated to that of the District Magistrate. However, the control of law and order by District Magistrate has stood the test of time. The D.M. being the Head of the district administration has much better sources of information and much broader view of public administration than the S.P. can have. Many other arguments are given on both the sides but the controversy goes on.

Another agency concerned with the law and order is Courts of Law. The courts of law under the Constitution are contained within a unitary and fairly tightly-knit pyramid. The highest court of appeal in the country is Supreme Court. Its decisions and pronouncements are final and binding, and are not open to any further appeal or questioning, or challenge. 125

In each State there Is High Court which exercises full jurisdiction in their respective sphere, subjected to the ultimate jurisdiction of the Si^reme Court. Below the State, in the District, a District Judge who seriously deals in several ways with the matters affecting law and order. District Judge exercises both original and appellate jurisdiction over all the Judicial work of the magistrates and other judicial officers. He gets the annual criminal report of the district which is submitted by the District Magistrate. It is under the authority of District Judge to give conments i?)on the judicial work of each magistrate and judicial officer.

Basically," District Magistrates concerned with the maintenance of law and order also constitute themselves courts of law, and come directly within the judicial pyramid, 'ilhen sitting as a magistrate in his own court, the District Magis­ trate is empowered to hear appeals from the decisions of magistrates of the second and third class. In every district, there is often ah Additional District Magistrate v^o looks after the judicial work of the magistrates and judicial officers. A district is further divided into several sub­ divisions under the charge of Sub-Divisional Magistrates. Even after separation of judiciary from the executive, the Sub-Dj.visional M.agistrate continues to sit as a court, and to deal cases covered by the preventive sections of Criminal 126

Procedure Code. These are the sections related more direc­ tly with the preservation of law and order, such as Section 107, applicable in case of apprehension of breach of peace. Similarly section 109 deals with vagrauts and suspicious characters. Likewise, Section 110 deals with habitual offen­ ders and bad characters, bullies who may terrorise a neighbour­ hood and other such characters. Those cases come under the above mentioned sections and are tried in court as ordinary Judicial cases and the Sub-Divisional Magistrate in dealing with them constitutes part of the judicial system.

Likewise, the other magistrates in the district such as magistrates of first or second, or third class, or benches of magistrates, have their power defined in the Criminal Procedure Code. Besides dealing with the law and order situations, they also sit as court of law and by offenders under different provisions of the criminal law.

All the magistrates whether they are in the category of Ea.strict Magistrate or a Sub-Divisional Magistrare, or a first class, or second class, or third class magistrates, carry a large and pervasive magisterial authority and res­ ponsibility, and his jurisdiction unless it is specifically limited, prevails over the whole district.

Eown the district level there are Nyaya Panchayats. It is in many ways a people's court. Nyaya Panchayat appears 127

to combine twofold heritage - (1) derived from the func­ tioning of the old Common Law of Britain, (11) derived from 12 the ancient panchayat system of our own country."

Another agency in maintaining law and order is Armed Force. Under normal circumstances, the law and order is maintained by the DLstrlct Magistrate with the help of normal district police. Apart from the police force needed for the investigation of crime, the Superintendent of Police has a reserved force for the purpose of various functioning includ­ ing maintenance of law and order. Less serious breaches of law and order can be tackled with the police force avaUahle in the district. However, in more serious cases of breach of peace, the District Magistrate can seek the assistance of fecial Armed Forces (SAF) or the Provincial Armed Constabu- lary(PAC) maintained by the Inspector General of Police. PAC is a special force created by the Uttar Pradesh Government to maintain law and order, ^tihen situation becomes out of control from the normal police. Recently, the institution of Home Guards has been created to keep the reserve force which can be assembled at short notice in case of need. Similarly, a special force known as Rapid Action Force (RAF) created by the Central Government to control particularly communal violence. This force was first assembled in Bihar, later on in Ayodhya in December 1992. 12. Khera, S.S.; District Administration, op. cit. , pp.110-113. 128

So far functions of the armed forces are concerned, there are Article 33 and Article 34 of the Constitution which refer to the military but in quite different ways. Article 33 proposes that the rights of personal serving in the armed forces of the country may be restricted, or abrogated and indeed taken away entirely. Thus,the members of the armed forces of every rank and category are liable under the Cons­ titution to be subject to special restriction or restraint. We may note that there is no provision for conferring, or adding to any rights or powers upon anyone in the armed forces, additional to the rights and powers enjoyed by the ordinary citizen. In many ways the law provide greater powers to members of the police force in the maintenance of law and order than for members of the armed forces. Here again we see a reflection of the fundamental principle of the supremacy of the civil authority.

This leads us directly to an apparent contradiction, provided by Article 3^ of the Constitution. This Article recognises the existence of a situation commonly known as Material Law. Let us note again that the Constitution does not provide for the inposition or application of Martial Law; it simply recognises that state of affairs may exist when martial law may be in^josed.

The above mentioned two Articles of the Constitution related with the armed forces, or military, illustrate the 129 function of maintaining law and order in two different capacities.

Armed forces may be called upon to assist the civil power for various purposes, directly or indirectly concerned with the law and order. These various matters include strike which affects some services essential to the safety of the people such as strike Involving commu­ nication, postal system, telegraphs and telephones, ammu­ nition factories, railways etc. In these cases armed forces are invited to help in maintaining services. Like­ wise they may be welcomed when there are natural and other calamities such as floods, drought, fires, earthquakes and the like. At the time of doing work against the natural forces they do the social work.

In case the State Armed Police is found insufficient on account of widespread disturbances, like communal violence, the Central Reserve Police Force(CRPF) or Boader Security Force(BSF), Rapid Action Force (RAF) battalions may be made available by the Government of India through the State Govern­ ment. The Central Government may also arrange for the re­ inforcement of the District and State Police by requesting the other State Governments to send their armed foxxjes.

In case the civil police is not able to control the law and order situation the District Magistrate can seek assistance of the •Army' . The Criminal Procedure Code gives 130

to the Magistrate the authority to order the military office to assist in the maintenance of law and order. However, the military functions are under the control of the Army Headquarters which in turn works under the policy control of the Ministry of Defence. A definite procedure has been laid down Jointly by the Defence Ministry and Home Ministry. There are liaison officers in the Array from whom assistance can be sought in times of need. It has to be remembered that the Army, when called, has to assist civil authority in the maintenance of law and order. It can perform this function only when specifically called by the Magistrate, it is duty bound to help him in the maintenance of law and order. However, the Army assists the Magistrate in a way different from the police. The Magistrate can handover the sitiiation to the Army which then tackles it on its own. If at any time, the Magistrate feels that the situation is under contrx^l, he can ask the Army to withdraw, however, the army works only under its own Coirimandars. It also means that the Army can then open fire on its own to control law and order without seeking the approval of the Magistrate.

The general consensus is that the army should noi^ mally not be called upon to perform such functions as far as possible, the State Police and the Central Paramilitary Forces should be able to control the situation. Only in 131

very extreme situation the army should be called to aid the civil authority in the maintenance of law and order.

It should be an essential feature in any situation in which the military aids the civil power that there should be si^ficient mutual contact, knowledge and undei^ standing on the part of the civil authorities and of the military authorities. This should include knowledge about the organisation, procedures and methods in general, knowledge of the ground features such as topography, gen­ eral economic conditions, social features, line of commu­ nication and transport, to mention only some of the matters.

Another inportant agency in controlling law and order is Intelligence System. The maintenance of law and order is inpossible without proper intelligence System. It is necessary to keep an eye on the sensitive areas in the district and the people who are known as 'mischief mongers'. So it is not advisable for the Di(strict Magistrate to depend himself entirely on the police for information on the pro­ bable threat to public tranquility or a likely imminent eruption of social disturbances. It is necessary that the District Magistrate should organise an intelligence system of his own, independent of the police by selectivity esta­ blished social contacts and opening avenues of productive public relations. The District Magistrate is ex-officio chairman of several voluntary social bodies and advisory 132 committees in the district and if he utilises his personal contacts and good offices at the right time, he would be able to settle amicably the issues which might otherwise prove to be Explosive.

Such intelligence has to be gathered from various point of views that have a bearing on the maintenance of law and order. For exanple;

(i) "Activities of the student's organisations, spe­ cially those of bigger colleges and institutions;

(ii) Activities of communal organisations;

(iii) Activities of political organisations, with a view to ascertain whether they are planning any agita- tionad programmes etc.

(iv) Activities of persons known for creating law and order problems.

The "intelligence system is organised by the %)ecial Branch of the State Government. It has a small unit in the district which supplies informatiX)n to the State as well as keeps the Si^erintendent of Police and the District Magis­ trate informed of the developments having a bearing on the law and order situation. However, the Superintendent of Police and the Eistrict Magistrate cannot depend only on the intelligence gathered by the official intelligence unit. 13. Sen, S.K.Kothari, P.S.Chopra and J. K. Chop rat Unique Quintessence of Public Administration, Unique Publishers, New Delhi, 1991, p. 327. 133

They have to develop their own resources of information from which they can check and cross-check the intelligence gathered by the official units. A District Magistrate who only relies on the information provided by the official intelligence agencies may soon find himself in trouble. This intelligence is often hot accurate and is usually received rather late. Much is left to the discretion of the District Magistrate, other Magistrates, Siperintendent of Police and other police officers. The only significant point to note is that the police acts on the order of the District Magistrate.'

Last but not least, the agency in maintaining law and order is The Citizen. No work of district including law and order, could be con^jleted without active involve­ ment of the people of that area. Undoubtedly, citizen's security and peaceful living is the responsibility of the District Magistrate but it requires their full support with district level authorities.

There are number of different bodies in different States known as Home Guards, Prantiya Raksha Dal, National Volunteer Force etc., cooperating with the district in main­ taining law and order. Their functions will include serving as a force auxiliary to the police, they are to help in maintaining security, and in case of a calamity, they also provide the essential services to maintain the life of the 14. Sen, S.K. Kothari, P.S.Chopra and J.K.Chopra: Unique Quintessence of Public Administration, op.cit., p.327. 134 community, as well as to serve as an emergency labour force in case of need. In the cities their special duties include civil defence and emergency relief.

Another duty of the citizen is to render assistance to the authorities responsible for maintaining law and order. This duty of the citizen should be discharged by him within the limits of his ability.

District Magistrate, Police and People can handle all types of emergency situations of the district but latest frenzy situation created by communal violence of 1992-93 has developed a new phenomenon of 'Hoax Telephone Calls' to police by the people. It shows the lack of confidence and irresponsibility of citizens s^ut the police. For example, Bomb Ejqplosion of Bombay became a cause of intertainment to many people to make a hoax calls to police. So, the citizens play an inportant role in maintaining law and order. Their cooperation is essential in avoiding any type of unwanted situation. 135

Some serious probleas of district administration in maintaining law and order*

District administration does all the best in main­ taining law and order but Inadequate facilities of all kinds restrict it from dealing seriously with the situation of different occassions. Some of these problems should be considered seriously.

1. Increasing rate of crime;

The administration of criminal Justice in the district is the pivot of the district government, but it suffers from want of financial resources for its modernisation and its various wings, namely, the prosecuting agency, magistracy and correctional services get only non-plan allocations. There is an urgent need for legislation for victim compensation to encourage public participation in crime prevention and detec­ tion, since there is little or no provision for such a compen- sion in the existing rules and regulations.

Undoubtedly, the crime rate is increasing with the pace of development in society. The crime poses a real threat to development as it distorts national goals and prevent opti­ mal use of resources. It should be the prime responsibility of district administration to undertake research to prevent the increasing crime rate and proliferation of socio-economic offences Further, the delay has become the bane of criminal 136 justice administration, and it operates in every action, the lodging of complaints, the investigation of crimes and the disposal of cases by the courts.

Another loophole vdth the administration of deve­ loping country is a total lack of people's participation in prevention of crime. The idea that maintenance of law and order is social responsibility is slowly gaining accept­ ance in western countries. Voluntary agencies can also play an inportant role in educating the people in the prevention of crime and for the payment of condensation to the victim.

The growing crime rate in the country is attributable to factors like population e:q)lo si on, failure of police and the role of courts. The falling standards of legal education and poor calibre of persons selected to the judiciary at the district level seriously interfere with the administration of justice.

2. Inadeqqate egmlpnent and infra-structure facilities of the Court of Lav:

The courts of law are not often provided with equip­ ment and infra-structural facilities like type writers, and copying machine to carry on promptly and systematically with their functions. Superiors should exercise strict control over their erring subordinates to check delays in criminal justice. There must be legislation for speedy trials, cutting 137 dovm the levels of appeals and prescription of norms for cross-examination and strengthening of hands of judiciary to deal with recalcitrant lawyers. A convention should be developed for conpleting all sessions cases in three months time and it should be extended to all magistrates' courts. Measures must be taken to inprove prosecution under effective si^ervision of overseeing police offices. Criminal justice administration should be capable of checking socio­ economic offences like food adultration, hoarding, manu­ facturing and marketing of spurious drugs and racketeering in jobs.

3. Lack of coBoetence and integrity:

The lack of competence and integrity in public pro­ secutors, the violation of rules and norms in their appoint­ ment, the absence of comnunication between different ranks in the police hierarchy and the application of different yardsticks to urban and rural areas in the sipply of police force tend to create considerable difficulties in the admi­ nistration of criminal justice. However, friction in the relationship between the District Magistrate and the Superin­ tendent of Police arises when the later has considerable seniority in the service over the former. Moreover, the introduction of police Commissioners in metropolises side by side with tbe traditional district police set-up headed by the Superintendent of Police has created new problems. 138

The state police chief tends to provide more resources and manpower to the Commissioner Ignoring the crying needs of the district police. It Is, therefore, worthwhile to examine whether the Commissioner system should be introduced in all districts or the traditional system should be ade­ quately strengthened.

Increasingly there is the public belief that the police attitude towards citizens conplalnts is self-pro­ tective. " Various commissions of enquiry have uniformally held that the lack of public confidence in police self- regulation is observable at each of the four principal stages of processing a conplalnt against the police. There are: (1) The making of a conplalnt by a citizen; (2) the record­ ing of the conplaint by the police; (3) the investigation of the conplalnt by the police, and (4) the response of the police or other authorities in case of a substantiated conplalnt" .

" Systematic evidence on the scale of non-reporting and the associated reasons is not surprisingly difficult to obtain. A recent public survey (1987) in London has held that the most conmon reason given for not conplaining was the lack of faith in the police complaint system" .

"'i^ile there is urgent need for having a dispassio­ nate independent study of cases against officers of various 139 departments, the time taken in the processing and disposal of such cases and the final out-come in regard to the quantum of punishment ultimately awarded to the delinquent l5 official, it is more urgent in the case of the police"

In order to create sense of security and faith in the mind of people about the role of police, following steps can be taken to inprove its quality of wor^. There must be effective sanction against fake encounters, mass cruelties and false prosecutions on the part of police. The protec­ tion of the innocent citizens is the spirit behind the criminal justice administration. The law and order problems are on the increase because the traditional administration failed to rise t?) to the aspirations of the people for social justice. Rising student, agrarian and labour unrest also need serious attention.

Besides it there is a need to redefine the inter­ personal relationship between the District Magistrate and the Si^erintendent of Police in clear and definite terms. The position in the police training colleges should be made more attractive with additional prerequisites and higher status. The minimum education of the lower level function­ aries like the assistant sub-inspector should be raised so as to ensure better and courteous behaviour on their part towards the citizen. Rural policing should be efficient. 15. Vajpeyi, S. C. ."Police Misconduct"- External Review Must, Hindustan Times, September 9, 19 3. 1A0

The strength of the armed police has been steadily increas­ ing but there is hardly any increase in the strength of the civil police for over thirty years.

4. Negligence of Cgitral Government in deploying anaed fogcest

The much needed help from the Central Reserve Police Force is not readily forthcoming whenever required, thou^ the expenditure on the forces is partly met by the State Governments. The policing in the medium sized cities should be adequate. The frequent transfers of police officers has weakened the criminal Justice administration. The strength of civil police is highly inadequate and the Central Reserve Police Force is not promptly responsive to the District Magistrate or the Si^erintendent of Police largely due to the hierarchical ccnstraints. Further, the Central Government is often reluctant to spare the force for the maintenance of law and order in spite of the fact that the esqpenditure on it is partly shared by the States. In these circumstances, the State will have to raise its own armed battalions as U.P. has done by creating PAC. As the crimes are increas­ ing with the changing character of the socio-economic life of the people and the existing law and order machinery is highly inadequate to cope with them. Moreover, departmental loyalties often lead to concealment of crimes. The police of all categories should be put directly under the control of the Superintendent of Police. ^k^

In a free country like India, It Is Inportant that the administration must come closer to the people, feel the pulse of the nation and strive to meet the needs and demands of the citizens. Since prevention is better than cure, the administration must become more responsive to the needs of the people, the large majority of whom is law abiding. CHAPTER-IY

EESELOPMENT AEMINISTRATION, LOCAL AIKENISTRATION

AND THE DISTRICT OFFICER

I 142

EEVELOPMENT AIMINISTRATION, LOCAL ADMINISTRATION AND THE DISTRICT OFFICER

Development administration In the Indian Oontextt

Development administration in India is primarily related to rural masses, as 70 per cent population of the country belongs to 5,76,000 villages.

" The perspective of development specially in a large agrarian economy like India lies not only in hasten­ ing the process of technological Innovation and its adapta­ tion in industry but in a more -wholesome approach which, in the present context, vrould involve the assimilation of our rural subsystem to the urban main stream. Such a process it is believed, -would essentially involve a change in the structural pattern of our society and shift our personal obligation from market determined priorities to socially determined basic needs.

This measure would, inter alia, relate progress to the increase in rural income, better enployraent opportu­ nities and provision of basic amenities in the rural area. All this would involve active participation of the state and the people alike in the emancipation of the unprevileged in the rural environs" 1. Shobha Ahuja, Hindustan Times, April 20, 1993- 143

India embarked ipon planned development of the economy under a democratic set \jp soon after the attainment of poli7 tical independence in 19^7. The development strategy was planning by consent, not planning by coercion. The inplica- tion of this philosophy of pleuming is that the rural popula­ tion, which lives in nearly six lakh villages sprawling the Indian subcontinent must be involved in the growth process and they should have the feel of being its beneficiaries. This had not happened.

The District Officer has been primarily the " field agent of the government and has symbolised local administra- 2 tion in the district" . Consequently, he occipied the focal point in the Indian local government system " during British rule, being directly responsible, until the introduction of dyarchical government, for the administration of the local bodies in the same manner and to the same extent as for revenue and criminal administration in his area" . In early days. 2. For a discussion on the role of the district officer as ovemment's agent and representative in the field and as f ocal chief executive, see Haridwar Rai, " The Ed strict Officer in India Today" , Journal of Administration Overseas, Vol.VI, No.I January 1967, pp.13-27. 3. With the introduction of the Montford reforms under the Government of India Act, 1919» the domain of the provincial government was divided into two grovps subjects, one of which was made over to ministers chosen by the governor from among elected members of the provincial legislature, while the other remained under the administration of the governor and the members of his executive council. The former were called the 'transferred' subjects, prominent among vriiich were those of education, medicine, local govern­ ment, public works, agriculture, etc. and the latter 'reserved' with the governor and his executive council. This arrangement became known as dyarchy. 144

" he was ex-officio president of the district board and the headquarters municipality and performed the dual role of presiding over their meetings and 'helping' them in making decisions on matters of local concern, on the one hand, and implementing them vd.th the help of local adminis­ trative machinery, on the other. Bedsides, he exercised financial and administrative control over them of a stringent type, treating them as virtual appendages to his headquarters establishment. Thus, local bodies were part of the tradition- bound authority of the collectorate and he exercised control from within rather than without. Local administration thus absorbed local government"

Even some time after independence, •* local bodies gen­ erally continued to have a vegetative existence in the shadow of local administration. Also, they suffered almost endemi- cally from the lack of resources, and most serious of all, they were out of touch with the aspirations of the people and 5 and needs of the locality" . No wonder, " many of the functions of local bodies were taken over(this became known as

4. For a full treatment of the role of the district officer in the local government system before independence, See Haridwar Raj. " The District Officer vis-a-vis Local Government ^rstem in India. An Aspect of the System of Control and Sipervi- sion of Local Authorities before Independence" , The Patna University Journal, Vol.21, No.3, July 196^, pp.43-57. 5. For a full account of the defects in the Indian local government system before independence. See Haridwar Raj, " A Background Study of Panchayati Raj" , Joiirnal of Political Science, Agra University, December 1966, pp.36-44. 145 pro Vinci alisation) by the State government, for there did hardly exist a unity of purpose and outlook between govern­ mental agencies in the field and local bodies, which was so essential to the coordinated development of the countryside. Accordingly, vrfien the State government drew vp blue-prints for the socio-economic reconstruction of village communities, a number of development programmes were launched through its departmental agencies and not through the instrumentality of local bodies. It was feared that the creation of decentra­ lised agencies for functions now performed by state govern­ ments may lead to the weakening of the administration and to the lowering of the standards of performance" .

Community Dsvelopment Pi^graane:

India launched her massive programmes of socio-economic development in 1952, with a " view to lift her teeming millions from the scourage of poverty, unemployment, illiteracy, igno­ rance and disease and to give them dignified human life. Community Development Movement, inaugurated in October, 1952 laid special eiqphasis on the development of the local commu­ nity as distinguished from the development of the country as a whole. The initiative was e^qjected to come from the commu­ nity itself. The movement was started under official auspices,

6. Government of India, Planning Ck)mmission, The First Five Year Plan, Delhi, Manager of Publications, 1953, p.139. 146

with 55 Projects, with the Block as an administrative unit. In the Community Development Programme (CEP), very little attention was paid to the economic activities. As such the involvement of rural people was not enlisted in sufficient measure, because the need of the people was money. After some esqjerience the government renamed community development as Integrated Rural Development Programme with different 7 activities"

" The efforts for community development are not to be viewed in isolation from the national policies of economic and social development but as part of the attempt to inte­ grate different communities into the life of the national community and to enable to contribute to the national goal**^.

Roughly 300 villages were covered by every block. At present there are 5011 blocks in IRD programme. Each Commu­ nity Development Block was placed under the leadership of an official, a Block Development Officer with a team of Extenidon Officer to enlist the cooperation of local people, an advisory body conposed of members of Central and State legislatives drawn from the locality and a few other leading residents nominated by the governments. At the village level, a func­ tionary called the Village Level Worker (VLW) was also created

7. Trivedi, B.J., " Let IRTP be people oriented for better results" , Kurukshetra, May 1990, p. 25. 8. Samiuddin, Abida, " A critique of Panchayati Flaj" , Sahitya Bhawant Agra-3, 1976, p.136. 147

to function under the guidance of all the extension ofCLoers.

" The CEP from the very beginning was a programme of the government with people's participation but Nehru wanted to make it a peoples programme with government's participa­ tion. Unfortunately, the planning was made at the macro- level by the planners >^o mostly hailed from urban areas Q having little esqjerience of rural environment" ^.

The First Five Year Plan regarded Community Development as " the method through which the Five Year Plan seeks to initiate a process of transformation of the social and econo­ mic life of the villages,n' 10

Towards 19^8, a conference of Local Government Ministers from all over India met at Delhi, here Jawahar Lai Nehru said in his speech; " Local Self-government is and must be the basis of any true system of democracy. We have got rather into the habit of thinking of democracy at the top may not be a success unless you build on the foundation from below" .

Enpirical studies show thafthe grand Community Deve­ lopment Programme conceived as a 'people's programme' failed to take off because it degenerated into a 'government'

9» Trivedi, B.J., op.cit., p.25. 10. Tne First Five Year Plan, p.223. 1^

progranime designed and executed solely by officials without people's involvement" 11

The block and the district advisory committees could not achieve their objective bodies, lacked representative character and could not obtain a legitimate status in popular estimation on account of their failure to secure the degree of the popular participation and cooperation in^jlicit in the concepts of community Development and National Extension Service.

In 1957, the Committee on Plan Project sqjpointed a team under the leadership of Mr.Balwantray Mehta to study and report on the Community Projects and National Extension Service. The Mehta report, \»4iich was published in the same year recommended; (1) Three tier structure of local self- government- Village Panchayats, Panchayat Samitis (Block Level), and Zila Parishad, (2) Genuine transfer of power and responsibility (3) Adequate resources should be transferred to the new bodies to enable them to discharge their re^on- sibilities. (4) All development programmes at these levels should be channelled through these bodies, (5) System shov0.d be such as will facilitate further devolution and dispersal of power and responsibilities in the future.

11. Sadasivan, S.N.: District Administration (ed.), Indian Institute of Public Administration, 1988, p.95. 149

" Endorsing the views of Mehta Committee and taking into consideration the possibility of different organisa­ tional patterns in different states in the context of their economic, social and political set ip, the Central Coxmcil of Local-Self Government observed in 1959» In fact our country is so large and Panchayati Raj is to complex is subject with for reaching consequence that there is enough scope for trying out various patterns and alternatives. What is inportant is the genuine transfer of power to the people. If this is ensured, the form and pattern may necessarily vary according to conditions prevailing in different states" 12. Accordingly most of the states appointed committees to recommend suitable patterns for them, and the result was a bewildering variety of patterns in different states for the above different roles assigned to the District Officer

The acceptance of the scheme of democratic decentrali­ sation by State governments was bound to have a far-reaching effect tpon district administration, and ideas held so far about its set-ip began undergoing a significant change. A cardinal question that naturally came ip for discussion at the very outset was*. What should be the ix)le of the District Officer in the scheme of Panchayati Raj? How should he stand in relation to these bodies? Should he be inside the Panchayati Raj institutions? Or, should he watch their working from outside,

12. Samiuddin, Abida,: A Critique of Panchayati Raj, op. cit. , p.85. 150

acting as their guide and adviser and, occasionally, censor^

The first official conference which discussed the question of his alternative roles in the Panchayati Raj system was the sixth meeting of the central council of local self-government held at Bangalore in November, I96O. The conference resolved*. " The Collector should be kept outside the three-tier system and should be the agent of the Government in the field vdth the duty to keep the Government informed of the happenings and the general trend of events, and where the Government so decides, to take necessary corrective action. For these purposes, he may be entitled to attend the meetings of the Zila Parishad/Panchayat Samlti or its sub-committees and also call for their records. But where the district level body is, in its functions, a mere co-ordinating and advisory body, the Collector could be associated with it more closely than v^ere it is an executive body" 13 .

The conference further decided that " the District Officer and the Sub-Divisional Officer should be responsible for carrying out inspection of the Panchayats and the Panchayat Samitis and the inspection reports should be sent to the Panchayat Samiti or the Zila Pari shad, as the case may be and the district heads of technical depai'tments for -lA suitable action" 13. See Kurukshetra, Vol.9, No.A, January I96I, p. 12. 14. See Kurukshetra, op.cit., p. 12. 151

A few months later, the annual conference on commu­ nity development and that of State Ministers of Community Development and Panchayati Raj held at Hyderabad in July, 1961, discussed the following alternatives!

Should the Collector be:

(a)"Chairman of Zila Parishad (as recommended by the Mehta Study Team);

(b) Chairman of standing committee, though not chairman of the whole body;

(c) Full or associated member of the Zila Parishad; and (d) Completely outside the three-tier system.

Though the conference resolved that " the Collector should keep himself in constant touch with Zila Parishad with regard to planning and inplementation of various deve­ lopment programmes , it felt that it was yet too early to indicate which of the following four alternatives, which presented themselves to the conference, were the best: (X) The Collector should be fully associated with the Panchayati Raj Institutions and should be member and chairman of the Zila Parishad, (ii) The Collector should be a member

15. Government of India, Ministry of Community Development and Cooperation, Annual Conference orf Community Envelop­ ment and Conference of State Ministers of Community Development and Panchayati Raj at Hyderabad, New Delhi, 1961, p.176. 152 of the Zila parishad and chairman of all its standing committees, (iii) The Collector should be Just a member of the Zila Parishad with/without any right to vote, (iv) The Collector should be conpletely outside the zila parishad but with a right to take part in the deliberations, when- ever he considers this necessary"

One or the other of these alternatives was acceptable to each one of the States which had either introduced mea­ sures on Panchayati Raj in their legislature or had already enacted them. " Those v^o were in favour of retaining the District Officer as the chairman of the Zila Parishad argued that the latter needed the e^qpert guidance of the District Officer, for he could give the necessary fillip, with his administrative experience and authority, to v^ole programme of development and also promote the coordinated effort of officials and non-officials. But there was a radically opposite view sponsored by those who felt that the District Officer was the symbol of the old bureaucratic order, and should not, therefore, be chairman of a popularly elected body. This view favoxired a non-official chairman for the Zila Parishad, for this would inspire confidence among both the elected representatives and the people. There were two middle views, in between the two extreme ones. One was that if it was wrong and undemocratic to make the District Officer

16. Ibid, p. 22. 153

chairman of the Zila Parishad, it was equally wrong and til-advised to keep him outside the Panchayati ftaj system. The advocates of this view urged that the District Officer would be able to make his best contribution as chairman of the standing committees of the Zila parishad. Another middle-of-the-road view was that the District Officer should be just a member of the Zila Parishad and nothing more" '^^.

The movement for decentralising power started with much enthusiasm and hope. It was e^qsected to bring demo­ cracy at the doors of the rural people; evoke participa­ tion of the people in the decision-making and inplementa- tion of programmes and schemes which determine their des­ tiny; accelerate the process of social and economic deve­ lopment; and encourage development oriented leadership in rural areas.

From the beginning Panchayati Raj had been" a story of Lps and downs. It seems to have passed the stage of stagnation in the second half of the sixties and the phase of decline in the seventies"

17. Government of India, Ministry of Community Development and Cooperation, op.cit., pp. 176-177. 18. Muttalib, M.A. & Khan, M.A.: Theory of Local Government, Sterling Publishers, 1983, pp.7A-75. 154

A balance sheet of Panchayatl Ra.1.'

The introduction of Panchayati Raj was one single reform v»*iich excelled in inportance all others that had been effected since the independence of the country. If one examines the positive aspect of these institutions, one vADuld find that they bring large scale benefits to the rural masses.

Panchayats help increase the income of the rural people and thus raise their standard of living. Besides, the villagers get an opportunity to plan and administer their own affairs, thereby developing a sense of community feeling, self-reliance and initiative among the people.

Panchayati Raj bodies, at various levels work as primary training institutions of democracy. This helps people to participate in democracy in a more effective way. It also provides an opportunity to political parties, in opposition at the Centre and in the States, to conpete with the ruling party in constructive wori< at the village level.

Panchayats provide the weaker sections of the commu­ nity an opportunity to participate in the management of rural affairs. Pandit Nehru once said, " Panchayati Raj bodies should assume the responsibility of looking after the needs of everyone in the village and thus become an insurance against illness, unenployment and other disabi­ lities" . 155

Village life in India has been conditioned to a backward social outlook and the norms and codes of social behaviour are found unsuitable for the changing conditions. In this respect decentralisation of power through Panchayati Ra^ bodies can have a negative aspect also.

The mass illiteracy and ignorance of the rural people makes it difficult for leaders in the villages to guide the people properly. Moreover, entrusting adminis­ trative responsibility to people v^o are backward and not conversant with the techniques of administration and development work, can be hazardous.

Another drawback of the Panchayati Raj system is its non-uniform structure. Since Panchayati Raj was intended to achieve a specific and well defined objective, it is difficult to understand v^y there should be variations in its structural inplementation by the States. This is a hinderance in its uniform application and success.

The Panchayati Raj institutions very often exercise powers without sharing responsibility with the people, which makes decentralisation merely theoretical. In the context of democracy, administration is effective only if it is based on the participation of the people. In the 156 activities of these agencies thej?e are spheres vdiich need active cooperation of the people. These should be identi­ fied and people made clear about their obligations and responsibilities.

One of the main factors responsible for weakening Panchayati Raj Institutions is inadequate financial resources. There is lack of capital available to Panchayats, and insuffi­ cient rate of savings in the rural areas make the financial position even worse. The system of disbursing grants needs to be inproved and there is a prima facie case for the esta­ blishment of a permanent grants Commission. Since loans occipy an important place in the Panchayat Samiti's income pattern, there is urgent need for proper coordination of loan programmes.

The leadership of the Panchayati Raj institutions has been captured by the tpper classes in the community and with the new power thus acquired, they promote their own class interests at the cost of weaker sections of the community. This has created a class division in the rural society.

Another flaw from the practical point of view, is the lack of coordination between different bodies operating at the local level. Opposing groips dominate different insti­ tutions resulting in strained relations, vrfiich hinders the development work. 157

Although, with the introduction of Panchayati Raj, a new detnocratic structure was devised not only to boost the Community Development Programme but also help accele­ rate the process of political development, Panchayati Raj bodies, by and large, have not been able to achieve their objectives. They are proving to be a burden on the State purse as their earning capability is extremely limited. Misutilisation of grants, misegipropriation of public money, innumerable audit irregularities, cornpt practices among local bureaucracy and politicians are some of the commonly alleged charges against their working.

Ashok Mehta Conmdttee;

The Ashok Mehta Report is a landmark in the development of local government in general, and its rural segment in particular. The Committee was appointed in December 1977, to examine these institutions and suggest adequate remedies to make grassroots level institutions as the influential partners in the process of development.

The most outstanding recommendation of the committee relates to a " two tier system, with Zila Parishad at the district level, as the first point of decentralisation, and Mandal Panchayats as cluster of villages, forgoing necessary linkages with scheme for development of local points and growth centres to ensure efficient management of the growing 158

rural urban linkages" 19.

In order to strengthen local democracy the committee stipulated " the transfer of all local functions(including regulatory in due course at the district level and below and suggested increasing involvement in planning at the district level to ensure the pursuit of national objective relating to weaker sections and through " social audit" thereas, and a stjnong corporate management system placed under the Chief Executive Officers to be ultimately accoun­ table to a Committee of the State Legislature for financial and physical performance of Panchayati Raj" 20 .

The 1978 Bill:

The demand to entrench Panchayati Raj in the Consti­ tution has been made by everts and various official commi­ ssions on the ground that most State governments had not inplemented Article AG of the Constitution.

"The Ashok Mehta Committee (1978) recognised the need for constitutional sanction and included in its report a draft constitution amendment bill formulated by 21 eminent citizens including EMS Namboodiripad, S.K. Dey, Ramakrishna Hegde, Madhu Limaye, S.M, Joshi and L.M. Singhvi.

19. Ashok Mehta Committee Report, Para IV.2 - IV.8. 20. Muttalib, M.A., op.cit., p.77- 159

The draft bill made the establishment of PP^s mandatory; membership was by election and the Chief Election Commissioner was put in charge of all election matters. The Ccnftroller and Auditor General was asked to audit the accounts and his report had to be submitted to the Governor v*io, in turn, had to cause it to be laid before the State Legislature. Pancha- yats covild be empowered by the State Legislature with execu­ tive and administrative functions including the " promotion of economic and social development and inplementation of plans "

A Finance Commission to review Panchayat finances had to be set ip by the State Government once every five years and its report had to go before the legislature. As regards suspension and dissolution, where the Governor of State was satisfied that a Panchayat was " not functioning in accor­ dance with law or is grossly abusing its powers or is func­ tioning in a manner which is determined to public interest" , 21 he could suspend or dissolve the Panchayat" .

The 1989 Bill:

• The bill mandates the setting up of Panchayats at the Village, Intermediate and District levels and they with a five year term. Smaller States with a population not exceeding 20 lakh could do with a two tier set \3p (Article-

21. Ashok Mehta Report, pp. 207-212. 160

243B). Members were to be elected in direct elections with one exception, namely, the legislature may provide for the membership of MPs and MLAs and Chairman of Panchayats in the appropriate Panchayats bodies. Seats were to be reserved for SCs and STs in proportion to their population and to the total number of seats in Panchayat institution. Similarly 30 per cent of the reserved seats were to be reserved for women belonging to SC and ST and a further 30 per cent of the total number of seats were to be reserved for women (Article 2A3c).

A Finance Commission was to be appointed by the Gover­ nor to review the financial position of the Panchayats and to make recommendations regarding taxes and duties to be Imposed and the basis of sharing the revenue with the State Govern­ ment, grant-in-aid and related matters. The recommendations would have to be laid before the State Legislature.

The conduct of elections to PRIs including preparation of electoral rolls, etc, was to be stpervised and controlled by the Election Commission, as in Kamataka at the moment. However, it was to be the prerogative of the State Legislature to enact laws to govern elections to Panchayats (Article 243 I and J).

As regards accounts, the form in >rfiich accounts have to be kept were to be determined on the advice of the Coqptroller 161

and Auditor General (CAG) of India. The CAG was also to arrange for the accounts to be audited and his reports to the Governor would then be placed for consideration before the legislature.

Finally, it had been left to the State Legislatures to endow the Panchayats with such powers and authority as may be necessary to enable them to function as Institutions Self-Government.

It can be seen that both in terms of its format as well as the content, the 1989 amendment bill was similar to and in several instances even identical to the 1978 bill. Whether in powers and responsibilities, the manner of elections, accounts and audit there was very little diff- erence" 2? . But unfortunately, bill failed to become law

due to various Constitutional and political problems.

Panchayati Ra.i and Wagarpallka Acts 1993:

It was on April 22, 1993 that Parliament finally approved the historic Panchayati Raj and Nagarpalika Act's providing for decentralisation of power down to the village level and Involving the people in the decision-making process. The two Constitutional(Amendment) Acts 72nd and 73rd- were approved by all except the DMC members. The DMK members 22. Chandrashekhar, B.K.; Economic and Political Weakly, July 1, 1989, pp.1435-1454. 162

were against the provision of the three tier system as provided in the Acts and wanted only a two tier system.

The 73rd Constitutional (Amendment)Act seeks to provide, among other things, formation of Panchayat at village and other levels, direct elections to all seats in Panchayats, reservation of seats for Scheduled Caste and Scheduled Tribes and fixing of a tennure of five years of Panchayats.

The regulation of new provisions, including periodic elections of Panchayats every five years, would help to realise the objective of " Gram Swaraj" , an idea cherished by Gandhiji. The reservation of one-third of seats for women is a revolutionary step towards greater involvement of women to exercise their political right in a democratic manner at the grass-roots level. Giving constitutional status to women through the Act was yet another milstone in India's politics. Suggestions were made that there should not be any attempt to destablise the democratically elected Panchayats in an undemocratic manner, and that the Finance Commission should concentrate on provision of ade­ quate funds to enable the Panchayati Raj institutions to realise their objectives in a more effective manner. Inspite of the present shortcomings of the PR, no one can deny its potential in a big coxjntry like ours. The PR has to play an important role in the over all development of the economy and polity of the country. 163

With the above mentioned far reaching changes in the Panchayati Raj system and the growing quantum of develop­ ment programmes, the question of the role of district magis­ trate has assumed greater importance.

Some inportanit Development Programmes;

The beginning of the seventies mariced a departure from the approach to development adopted in India in the fifties and the sixties. Undoubtedly, some economic growth was realised in this period but the gain of economic deve­ lopment did not reach the poor people of the society. It was because the " old approach was based on the 'trickle down theory' of the western economists which was not valid for the developing countries. The plans of economic deve­ lopment based on the theory had gone haywire. It was therefore asserted that the old approach should be abandoned and there should be an • direct attack on poverty" 23 . From now priorities were given for more extensive development of rural economy. It was felt necessary by the Government of India for various ameliorate measures to avoid socially exploitative situation in country side. As a result of this the government of India in 70s and 80s designed and inplemen- ted several programmes for alround development of rural areas.

23. Dubhashi, P.R.: Essays in Development Administration, Archives Publishers, Distributors, New Delhi, 1987, p.49. 164

1. Area qjecific Programmes: Various programmes come in this category such as Integrated Area Development Programme (lADP), Whole Village Development Programme (WVEP), Command Area Development Programme (CAEP), Drought Prone Area Programme (EPAP), Desert Development Programme (DIP) etc.

2. Target Grotp Specific Programnes: The follovdng progra­ mmes come under this category as 3niall Fanners Develop­ ment Agency (SFDA.), Marginal Farmers and Landless Labourers Agency (MFLA) Antyodaya,

3. Eiqployment Prograaae: Following programmes came in this category such as Cash Scheme for Rural Enployment (CSRE), Food for Works Programme (FFWP), Pi9t Intensive Rural Enployment Programme (NREP), Rural Landless Employment Guarantee Programme (RLEGP), Jawahar Rozgar Yojna (JRY), Training for Rural Youth for Self Enployment (TRYSEM) etc.

4. Self Welfare Prograames: This category covers National Adult Education Programme (NAEP), Development of Women and Children In Rural Areas (EWCRA), Mahila Mandals, Minimum Needs Programme (MNP), Applied Nutrition Progra- mmes(ANP), Integrated Child Development Service Project (ICDSP) etc. 165

Experience of Development Programmes*

Experience of above mentioned development programmes remained a matter of criticism from various angles. As the functions of development boards at different levels, namely, State, district and block, are to prepare and integrated development plan by endorsing, modifying or adjusting the plans of individxial departments or by putting forward its own proposals, and to transform the functional plan of each department into a territorial plan.

The greater part of planning and execution is covered by official and non-official functioning at the district level like the District Development Committee, District Coordination Committee, Bharat Sewak SamaJ, Board of Coopera­ tive Societies, Panchayat Samlti etc. Each of the organisa­ tions views the problems from the point of view of the dis­ trict that formulated development plans but it is seldom that it proves deeper into the functioning of Community Deve­ lopment.

The execution of a plan, either five year plan or rural transformation programmes, is ultimately the re;g3onsi- bility of the district administration. The D.M.,by and large, works hard and takes a keen interest in development programmes. In spite, keen interest of D.M, in development, the result of development is not 143to the ejqsectation. It is 166

because today one is Collector, tomorrow be a director of industries and the next month or year he is director of Sales Tax. These officers have no commitment, no training and no inclination for development work except for a few individuals who opt to remain associated with development throughout their career. The task of inplementing develop­ ment programmes is very difficult and time consuming. It requires patience, tact, dedication and vision. In order to inplement effectively, the district administration should be decentralised for development. The Zila Pari shad should be strengthened and legitimised with ri^its, duties and funds, giving them the same status as is given to the dis­ trict administration for revenues and law and order. The entire development administration must be integrated comple­ tely and no reverse pulls or disintegrates be permitted.

Great drawback with the bureaucrates of India is that they are drawn from the people with urban back-ground, >±io are status oriented and are not interested in development. This aloofness of administrator from people affects the progress of development work. On the other hand, the poli­ ticians never hesitate to interfere in the inplementation of development programmes. Politicians are more serious about their political image rather than basic needs of the people. 167

So, it is suitable for any developing country to concentrate, to begin with, only on selected programmes of economic, social and political development. The government has taken ip this idea in 1978, by taking ip various development programmes like EPAP, DEP, EWCFIA, TRVSEM, RLEGP, NREP etc. within the purview of Integrated Rural Development Programme. Integrated Rural Development Programmet It was in 1989 that the various development progra­ mmes, such as IPAP, DIP, RLEGP, TRYSEM, NREP etc. were merged in an Integrated Rural Development Programme (IRTP), because of overlapping of functions and confusion of ob;3ec- tives. IREP was initiated in 1976 on an e3q)erimental basis in 50 selected blocks of the country; was extended to 2300 blocks in 1977-78 and was inplemented in all the 5011 blocks of the country in 1980. The main objectives of IRDP are to raise families in the identified target groip above the poverty line and to create substantial additional opportu­ nities of employment and income of the rural areas. The target consists of the poorest among the poor in the cate­ gories of marginal and small farmers, agricultural labourers and riiral artisans.

The IREP is a centrally sponsored scheme inplemented by the District Rural Development Agency (DRDA) of the States and Union Territories. The scheme is funded on 50:50 168

basis by the Centre and the States. In the case of Union territories, the scheme is fully funded by the Central government.

The capital cost of the assets under IREP is subsi­ dised to the extent of 259^ for small farmers and 33.596 for marginal farmers, agricultural labourers, rural artisans and others. An individual family gets Rs.3000 by way of subsidy. In the Droxight Prone Area, the limit is Rs.AOOO. In Tribal Areas, the beneficiary is entitled to Rs.5000 as subsidy.

Under the programme, assistance is given to the rural families of target group having annual income below the Rs.6400, has been increased to Rs. 11000 from ^ril 1992. Moreover, during the Elgjith Plan the cut off line has been increased from A800 p.a. to 8500 p.a.

At least 5096 of the families covered should belong to SCs/STs from 1990 onwards. The stipiilated coverage of women is A096.

It is through the Panchayati Raj institution that the people participate in the decision-making process at the grass-roots level and formulation of development plan accord­ ing to local requirements. Consequently, as mentioned above the question of the place of District Officer within the Pan­ chayati Raj System has assumed a new dimension, as well as greater importance. 169

Role of the District Officer In Development Administrationt

The rural people may not know any thing about the Constitution of the country, but they are well versed about the District Officer and consider him as a Kingpin of the district administration. People of all walks of life reach the District Officer for redressing their grievances and seek remedies for their problems.

Here, it must be clear that " difference between the Collector and District Magistrate or Deputy Commissioner is of mere historic interest now, and they are one and the same office with powers and participative role in the sphere of development varying from State to State" 24 . Now emphasis of the D.K. is shifting away from law and order and regula­ tory functions to development and coordination. On the basis of his administrative experience, he is playing an important role in realisation of goals of Panchayati Raj and rural development.

In Maharashtra, after the introduction of Zila Parishad in 1961,the role of District Officer in development has been considerably induced. Now, the District Officer is completely aloof from the work of Zila Parishad. In this capacity, it is not possible for him to watch the work of Zila Parishad

2h. Sadasivan, S.N.t District Administration, op.cit.,p.9. 170

and take part in its deliberations. The Third Five Year Plan expected from the District Officer to "assist democratic institutions.... in developing the right conventions in day^ to-day work" ^. Thus, the Zila Pari shad must get guidance and advice of much experienced person of district on the matters relating to development.

In Gujarat, the District Officer is an associate member of the Zila Parishad but he is free from the responsibilities of development v^ich are borne by District Development Officer.

In West Bengal, the District Officer has a separate Development branch under the immediate control of an Additio­ nal District Magistrate.

In case of Tamil Nadu, the District Officer is an ex- officio chairman of the District Development Council (DDC). The statutory nature of DDC enables the District Officer to secure the presence of all district level officers in its meeting and use them as an instrument for the purpose of development. The ex-officio chairmanship has combined two tjpes leadership as bureaucratic and democratic in the Dis­ trict Officer. It was soon realised that by empowering development responsibilities on the District Officer, his

25. Third Five Year Plan, Gtovt. of India, Planning Commission, 1961, P.3AO. 171

work has became unprecedently heavy. In order to give him needed relief and time for new assumed task of development, in 1960, a new post of District Revenue Officer (DW) was created to whom more or less all the revenue functions of the District Officer were transferred.

-y In Uttar Pradesh, according to the Adhiniyam 1961, the District Officer is a non-voting member of the Zila Parishad. He does not convene formal meetings of Zila Parishad but meets its members in different development contexts. J , , The Integrated Rural Development Programme(IREP) in all the districts of Uttar Pradesh, is being implemented through a network of District Officer or Deputy Commissioner as Project Director.-^ In order to relience the District Officer of his development responsibilities, a post of Planning Officer was created at the district level. The District Planning Officer who re-named as Chief Development Officer in 1981-82 to stren­ gthen decentralised planning process, is a member-secretary of District Planning Board, '^ile, the District Officer is made chairman of District Planning Board. J

. Where the District Officer is the district authority for development, its coordination is his direct iresponsibility. Most of the functions in the field of development are techni­ cal in nature. In order " to accomplish the coordination of 172

field operations, the District Officer must gain personal knowledge of local conditions and the functions of each field agency and an intimate acquitance with the field supervisors and be prepared to acknowledge himself as a leader of his equals. He would then be able to bring the various operating units in the needed proximity and infuse them with team spirit in order that they may work together for the realisation of the objectives.

The District Officer's leadership in the area of deve­ lopment has two phases, the democratic and the bureaucratic. His bureaucratic leadership has a tradition si;?)ported by several statutes, orders, manuals and instructions which make it mandatory for the district level departmental officers to render assistance and advice to him in his capacity as the head of the district administration. In democratic phase, the District Officer is given powers to play an important role in the implementation of programme of democratic decen­ tralization. "'

With the change in the pattern of politics, their pre­ sence in the District Development Council (DDC) poses a tacit challenge to the democratic leadership of the District Officer and causes at times a measure of discomfort to him."-^ Nevertheless, their articulation of varying social opinions lend courage to the District Officer to face difficult situations. 173

The multi-functional nature of development and its extensive field work may give rise to unanticipated manage­ ment problems, tension and disalignment of operations. -'^These development can be faced only by a leadership inte­ llectually brilliant, resourceful and inspiring y/hich will be rather rare to be located in bureaucratic life. ^

As chairman of several committees of public importance in the district, the District Officer is advantageously placed to strengthen his leadership to secure the partici­ pation of the people in developmental activities. -^

The District Officer is the principal coordinator of the development programmes of the district.^ With his admi­ nistrative experience, he plays a dominant role in the realisation of the objectives of Panchayati BaJ and rural development.^ As the leader of the team of officials of development departments, the District Officer has to ensure that the development targets are achieved within the time frame to the general satisfaction of the people" .

An idea either to abolish the office of the District Officer or to make him the chief executive of the Zila Parishad did not gathered enough support in its favour. There are psychological resistance as well as practical difficulties in adopting this idea. The District Officer in India is the Central government's agent in the district 26. Sadasivan, S.N.; District Administration, op.cit., pp. 35-37. 174

to inplement without fear and favour the policies of the Centra as well as the State governments. Thus, the "ebdlition of the office of the District Officer or its complete absorp­ tion in the local government system will mean a radical and, perhaps, unwelcome and even hazardous departure from the system of field administration we are acquainted with" 27

In 1961, a Conference of Ministers and Chief Develop­ ment Officers of many States was held in Hyderabad. This conference proposed an opposite view that District Officer has to discharge following fuictions in relation to the Panchayati Raj Institutions:

i. "to function as a representative of the State govern­ ment at the district level and to work as an effective liaison between State government and the Zila Parishad;

ii. to help in the proper and healthy growth of the new institutions and in particular assist the Zila Parishad to grow into an effective organisation for purposes of development;

iii. to ensure optimum utilisation of resources available to Panchayati Raj Institutions, such as money, staff, technical assistance and other facilities from higher 1evels;

27. Park, Richard L., " District Administration and Local Self-Government'*^, Leadership and Political Institution in India, London, Oxford University Press, I96O, p.339. 175 iv. to ensure that district level officers discharge their central responsibility for planning and supervision so as to provide adequate technical sippoi't to the progranime;

V. to ensure that planning by Zila Parishad and lower bodies is realistic, and is in conformity with national priorities and policies; vi. -^to ensure that the Panchayati Raj Institutions give due attention to the economically weaker sections of the commiinity. vii. to exercise emergency powers in case of abuse of authority by the local bodies for their office bearers as also in other cases in accordance with the provisions of law" /^

Above mentioned views regarding duties and responsi­ bilities of the District Officer were widely welcomed by different States and expected that he should continue to be the representative of the government, the guardian of law

28. Govt, of India, Ministry of Community Development and Panchayati Raj, Annual Conference on Community Development and Conference of State Ministers of Community Development and Panchayati Raj at Hyderabad, July, 1961, New Delhi, 1961, p. 177. 176

and order, the promoter, helper and mentor of the Panchayati Raj Institutions, and the si^jplier of adequate technical support and facilities to the district-level officers. In discharge of these functions he must be kept either outside the Panchayati Raj Institutions or a perma­ nent invitee to or a non-voting member ofthe Zila Fferishad or the Panchayat Samitis rather than chief executive officer of the Zila Parishad. was also expected that as chief executive officer of Zila Parishad, the District Officer will be unable to discharge his duties as govern­ ment representative as well as guide and adviser of the local bodies.'"^ The double accountability will make his position totally confused and unclear. Moreover, by making him subordinate to the Zila Parishad the government will loose an inportant observer of the district who regularly infonned it about the progress of development work of PRIs of the district. He will find himself in a dDemma of uncer­ tainty and confusion v^ Such situation was' very well observed by the Maharashtra Committee that " while reporting to Government on any matter and in carrying out its directions issued by virtue of its controlling powers, he will cons­ tantly be in a dilemma as to Aether he should act on his independent judgement or take the Council (i.e. Zila Parishad) in his confidence. His position will become particularly difficult in matters where there is a difference of opinion between the Government and the Council It will be 177 extremely difficult for him to divide his loyalty into coapartments and show different personalities at different times according to the authority under which he is opera­ ting" ^^. The argument to keep the District Officer out­ side the PRIs was svgjported by the consideration that he is an official and should not be given place in the purely non-official and elective body. The total separation of the District Officer from the woric of the PFas will mark his complete removal from the main stream of development work in the district. In such capacity, it will be very difficult for him to watch and participate in the delibe­ rations of PRIs, v^enever he deems it necessary. Third Five Year Plan proposed that the District Officer has to assist the PRIs in developing the right conventions in the day-to-day work.

(^ It is also suspected whether " he can effectively discharge his revenue and magisterial functions if he is isolated from such centres of intense political activities in the countryside as the Zila Pari shad and the Panchayat Samiti, since the strength of his office has laid all these years in the close contacts he maintains with the public mind in his district. In fact, his separation, it is believed, from these institutions may marfc the beginning of

29' The Govt, of Maharashtra, Cooperation and Rural Develop­ ment Department, Report of the Naik Committee on Democratic Decentralisation, Bombay, I96I, p. 102. 178

the end of this institution itself. Besides, from the point of view of the PRIs as well, this arrangement seems most likely to deprive them of the advice of a mature, experienced and detached official, v*iose only motive is to promote the interests of his district. If he is asso­ ciated with these institutions, he may, by persuation and unbiased argument, patch \jcp differences of opinion in regard to matter of policy and those of execution, should things so warrant, and can make effective representation to the government on behalf of these bodies" ^ .

The balancing argument in order to avoid above mentioned confusing role of the District Officer in rela­ tion to PRIs is that he should be allowed to woiic as an agent of the State government in his district. He may or may not be a regular voting member of the Zila Parishad. He should be empowered to attend meetings of Zila parishad and Panchayati Samitis or their committees or sub-committees, whenever he deems it necessary. " His role in relation to Zila Parishad should involve periodical and informal dis­ cussions of the affairs of the Zila Parishad with its chain- man and leading members and with the senior officers of the development departments in the district. ^lb should be Ihe duty of the chief executive officer of the Zila Parishad to keep

30. Chaturvedi, T.N. and AUiiJit Datta, Local Government, IIPA, New Delhi, 1984, p.78. 179

the District Officer regularly informed of the intensions and actions of the Zila Parishad and to avail himself of his advice. It should also be possible for the chairman of the Zila Parishad and the District Officer to meet at least twice a month or even more frequently, if possible, and discuss matters relating to the development of the district vdth special reference to the activities of the Zila Parishad. It would be from such consultations and deliberations that the District Officer would be able to know when to offer general advice to the Zila Parishad being present in its meetings" " . It does not mean that he should attend each and every meeting of Zila Parishad regularly. He can do this whenever he feels threat to the public peace and property because of the act and action of Panchayati Raj Institutions, he is empowered to direct these institutions or bodies in public interest on specific matters to restrict itself from doing such activities. But, in the present set up the role of the District Officer has become to guide coordinate and assist the Panchayati Raj Institutions from within, rather than a direct control from outside.

In the course of time, it is possible that all functions of the government in the district may be transferred to the

31. Chaturvedi, T.N. & Abhijit Datta, op.cit., p.79. 180

Zilla Pari shad, Panchayat Samltis and Village Panchayats; if it happens then a functionary df a status and training of "the District Officer will not be needed and the chief executive Officer of the Zila Parishad will be centre of the func­ tions in the district. Further, if full-fledged Panchayati Raj System is created then the District Officer will not be a final arbitar of matters relating to local bodies. In such condition, the District Officer will play role as a coordinator rather than as an administrator. Here coordi­ nation means " striking a balance between the Panchayati Raj System as an institution capable of balanced decision­ making .... and the need to ensure that the system is implementing State policies and programmes efficiently and maintaining and even improving the standards laid down by 32 the technical departments"

32. Chakravarti, " Community Development, Planning and Administration at Local Level in India, " Journal of Local Administration Overseas, Vol.11, N0.I, 1963, p.221. CBAPTBR-V

THE FJDLE OF THE DISTRICT OFFICER

A CASE STUDY OF ALIGARH DISTRICT

(Section-A) C HA PIE ;? - \^ ^^^

[A] THE ROLE OF THE DISTRICT OFFICER - A CASE STUDY OF ALIGARH DISTRICT

Before I take vp the case study of the District Magistrate in Aligarh District, it would be relevant to describe briefly the socio-economic and geographical conditions of Aligarh District, which have a direct or indirect bearing on his office.

Geographical Location:

The " total area of Aligarh district is 5019 sq.kms. , comprising of the northern most part of Agra division at a distance of 86 kms. from Agra, lies in the doab of the Ganga and Yamuna. Ganga separates the district from Budaun from a few kms. in the extreme north east while Yamuna constitutes the dividing line in the north-west between Aligarh and Gurgaon district of Haryana. To the north, the boundary is formed by Anipshahar and Khurja Tahsils of Bulandshahar dis­ trict. On the west and south-west district stretches with Chhata, Mat and Sadabad Tahsil of Mathura district while to the soirth-east lies Jalesar, Etah and KasganJ Tahsils of Etah district. The extreme parallels of latitude are 27" 10' north and of longitude n°29* and 78«38' east. The greatest breadth is about 112 kms. from the Yamuna to Ganga nearing 182

the northern border and the maximum length from north to south is about 72 kms. The total area varies very slightly from year to year due to change in the causes of great

•1 river, although extensive alternation are seldom" .

Land and SoilI

" The surface of district is like a plate. As a re­ sult of this, the rain water from nearly districts of Mathura and Bulandshahar flow into the district causing floods during rainy season. Soil of the district is 'Domat and light Domat' (i.e. loany and sandy loany)" .

Climate and Rainfall!

•• The district experiences the extremes of both hot and cold weather which is normally prevailing in northern part of the country. During the year 1986-87 the highest temperature recorded was 47.2*0 and minimum 3.4®C. The summer is usually prolong. The coldwave damages potato, pea and arhar crops. The hot weather is usually character­ ised by an intensive dry heat and dust streams which are quite frequent" ^.

1. Census of India, series 22, pp. 1-2. 2. Canara Bank, Annual Action Plan, 1983, Aligarti, p. 1-2. 3. For detail see. Lead Bank Survey Report on Aligarh District conducted by Professor Samiuddln, Chairman and Dean, Faculty of Commerce, A. M. U., Aligarh. 183

" The normal rainfall in the district is 773 mn. About 80% of the rainfall is experienced durtng the month of vTulyf August & September. Some rain is also witnessed in the month of December and January. Dependence on 4 natural rain for agricultural operations is risky" ,

Administrative set xjp:

For the administrative purpose district has been divided into six Tahsils and 17 Blocks which are as foBowst

Tahsils Blocks

1. Koil 1. Lodha 2. Jawan 3. Ehanipur 2. Khair 1. Khair 2. Chandos 3. Tappal 3. Iglas 1. Gonda 2. Iglas 4. Hathras 1. Hathras 2. Mursan 3. Sasnl 5. Sikandr^ Rao 1. Sikandra Rao 2. Hassayan 3. Akrabad 6. Atrouli 1. Atrouli 2. Bijouli 3. Ganglrl 4. Canara Bank, op.cit., p. 2 184

There are " 171 •Nyaya Panchayats'. Total number of villages in the district are 1769 and there are 15 town areas and 4 Nagarpalikas" .

Population

Total population of the district during 1971 was 21.12 has lakhs which/increased to 25.75 lakhs during 1981. Out of which 77.0 per cent are living in rural areas and remaining 23.0 per cent in urban areas. There are 5.79 lakhs i.e. 22.5% Schedule Castes people of the district. Their pei^ centage is greater in rxiral areas rather than in urban areas. So far as Schedule Tribes population of the district is con­ cerned there are only 21 people living in city area of Tahsll Koil and rural area of Tahsil Atrouli, According to census 1991 population of Aligarh district further increased and has become 32.85 lakhs. The population growth during the year 1981-91 remained 28.03 percent and density of population on per square km. has become from 513 to 657 in the following years v^ich is undoubtedly a serious problem.

Infra strueture

Railway and Roadst

The district is linked by rails as well as by roads. " The railway track in the district runs to a total length of 168 kms. having 21 railway stations including halts. Out 5. Canara Bank, Annual Action Plan, 1989, Aligarti, p.1. 185 of this, metre gauge covers only 62 kms. in the district. The district is served by a total length of 1,257 kms. of metalled road. No national highways pass through the dis­ trict whereas state highways account 207.3 kms. and main district roads for 170.5 kms. Other local roads managed by local bodies make 879.2 kms." .

" Metalled roads connect Aligarh and Delhi, Meerut, Agra, Mathura, Etah, Dehi?adun and Lucknow. Roads play an inportant role in the economy of a district. The G.T, Road runs through Aligarh and connects it with Delhi on the 7 one hand and Kanpur on the other" . State Road Transport runs Corporation runs buses/on ma^r routes of the district.

Communication

Post and Telegi'aphyt

" Total number of post offices in the district are 490. In addition to this, there are 89 telephone offices in the district" ®.

Medical Facilities!

The district enjoys the benefit of the reputed Gandhi Eye Hospital \^ich takes caz*e of the eye patients of the district and outside of the district. In addition to this, 6. Census of India, series 22, p. 4. 7. Samiuddin, op. cit., p. 3 8. Canara Bank, District Credit Plan, 1988-90,Aligarh, p.10. 186

J.N.Medical College in AMU and Malkhan Singh Hospital under U.P. Government provide medical facilities to the patient's in Aligarii. Medical facilities in rural areas require further improvement.

Education;

Aligarh is considered to be an important centre for imparting education. The Aligarh Muslim University, Aligarh is recognised as a world fame educational institution provi­ ding opportunities to a large number of students coming from different parts of the country as well as abroad.

In addition to Muslim University, " there are about 6 Degree Colleges, 141 Intermediate and 1798 other schools in the district" .^

Languages:

About " 17 languages have been reported as mother tongue of the people living in the district (excluding University students)" .^^

Agriculture:

Aligarh district has got distinction of having a

9. Canara Bank, Annual Action Plan, 1988, Aligarh, p. 10. 10. Samiuddin, op. cit. , p. 15. 187

very high productivity in agriculture in the State. •• Neeiiy 82% of the work force in the district is engaged in agricul­ tural activities* Net shown area in the district is about under 3.90 lakhs hectare of which about 909i/is/irrigation Majority of farmers are having small holdings of less than one hectare^ Average holding is 1.64 hectare, Intensive Area Development Programme has helped the farmers in adopting modem techniques the of crop cultivations as/district enjoysrivers, canals and tube well watersetc.

According to 1981 census, the total cattle wealth of the district is 11.80 lacs. Out of which there are 5.94 lacs of mUtch cattle.

Aligarti Dugadha Utpadan Sahakari Sangh (DUSS) is engaged in the collection and transportation of milk. Mango Guava, Lemon and Papaya are inportant fruit crops in the district. In addition to this Ber Orchards are also in a large number in the entire district" ''''.

Industry: known Aligarh is also / for lock Industry, electrical equip­ ment, building fitting material, carpets, glass beads, light engineering and other products. Industrial development

11. Canara Bank, Annual Action Plan; 1988, Aligaiii, p. 11-14, 188

started with the establishment of a small lock-making unit by Mr.Hiralal Jha in 1887. Some famous industries in Aligarh are such as ' Prag Oil Mill*, 'Link Lock Factory', Melrose Bakery, etc.

Transpo rtatiom

•• Due to inadequacy of pucca roads in the village, the farmers use bullock carts, buggies, tractors etc. for the transportation of agricultural products to the nearby marketing centre. Road transport has taken a lead over railway goods transports. Many trucks coming from different places also carry goods from Aligarh and unload goods at Aligarh'n 12

Marketing:

" To regularise the marketing of agricultural pro­ ducts, the Krlshi Utpadan Mandi Samiti is located at the Aligarh, Hathras, Atrouli, Khair and Sikandara Rao. Besides these, a number of fairs, hats and melas are organised in the rural areas for the sale of food grains, cereals, vege­ tables, fruits, catties etc. Despite all these. Agricultural Department, Cooperative, Food Corporation of India, R.F.C, have storage facilities, even all these efforts are not ade- quate for the district" •^. 12. Samiuddin, op. cit., p. 33. 13. Canara Bank, Annual Action Plan, 1983, Aligarh, p. 14. 189

RESPONSIBILITIES OF THE DISTRICT OFFICER IN ALIGARH DISTRICT

Responslbllites as Collector;

The Collector is the head of revenue department of the district. He has been enpowered to provide sipervision and control of land records and their staff. He keeps close watch on the agricultural conditions of the season. Under his charge is the collection of revenue and other taxes like agriculture income tax and irrigation rates, sales and mort­ gages of land. He ensures proper administration of land, en- preserved sures that rights of the land are / and enjoyed by the people.

In order to innprove condition of land management and take care of rights of land to the landless and poor people, various land reforms Actswere passed by the Uttar Pradesh Government to overcome the stagnant agricultural situation created by the alien rule. First step in view to vproot the problemsof land settlement, the U.P, Government had passed Zamindari Abo­ lition and Land Reforms Act of 1950. The abolition of the Zamindari system which involved intermediaries between the cultivator and the State resolved that the rights of such intermediaries should be acquired on payment of equitable coDopensation. It was si^posed that the abolition of Zamin­ dari and its replacement by a land tenure suited to the genius 190

and traditions of our country. It was asserted that " without a radical change in the existing land system no coordinated plan of rural construction can be undei^- taken to ensure agricultural efficiency and increase food production to iraise the standard of living of rural masses and to give opportunities for the development of the peasant's personality. The landlord-tenant system was established by the British for reasons of expediency and administrative convenience. The Act of 1950 provided for the acquisition of intermediaries' rights on payment of compensation at eight times of their net assets. It yielded an income to the bigger Zamindars sufficient for a reasonable standard of living. For rehabilitation of small Zamindars \^o constituted the overwhelming majority^ it further provided for the payment of a graded rehabili­ tation grant ranging from 2 to 20 times of the net assets being largest for low incomes and smallest for those with conparatively large incomes. To overcome financial and legal difficulties^the tenants were asked to make voluntary contributions of ten times their rent" .

implementation of This was to provide finance for the speedy/abolition of Zamindari, check inflation and utilise the peasant's savings for a productive purpose. The tenants vrtio made this

14. The U.P.Zamindari Abolition and Land Reforms Act, 1950, Eastern Book Company, Lucknow, 1987, pp. 1-2. 191 contribution were to be entitled to transferable rights in their holdings, and were to be called Bhumidhars pay­ ing fifty percent of their existing rent as land revenue.

In order to prevent accumulation of large holdings and the consequent e^qploitation of labour, no person will in future be permitted to acquire by sale or gift a hold­ ing of more than 18 acres. Further, to cure the ineffi­ ciency and waste involved in the cultivation of the exist­ ing uneconomic holdings, a provision was made for the encouragement and rapid growth of cooperative farming suited to our country.

Further, the Uttar Pradesh Inposition of Ceiling on Land Holdings Act of I960 brought many inportant reforms in the land system. In order to ensure increased agricul­ tural production, to provide land for landless agricultural labourers and for other public purposes as best to subserve to common goods, a more equitable distribution of land is essential. And, therefoi^, it was expedient to provide for the iaposition of ceiling on land holdings. This Act came sudden into force aH of a / The provision was made that no tenure holder shall be entitled to hold in the aggregate any land in excess of ceiling area applicable to him. The purpose of the ceiling area shall be in case of a tenure-holder having a family of not more than five members. They have 192

7. 30 hectares of irrigated land, plus two additional hectares of irrigated land. For each of his adult sons, who are either not themselves tenure-holders or who hold less than two hectares of irrigated l€Uid» subject to a minimum of six hectares of such additional land.

Further, the land falling in any of the categories mentioned below shall not be taken into consideration for the purpose of determining the ceiling area applicable to, and the surplus land of the tenure holder, namely-

(a) " land used for industrial purpose i.e. for purposes of manufacturing, preservation, storage of goods;

(b) land occipied by residential house;

( c) used as a grave-yard;

(d) land used for tea, coffee or rubber plantations, and to the extent prescribed land required for purposes;

(e) land held before Jan. 24, 1971, for purposes of a stud farm;

(f) land held from before the first day of May 1959, by or under a public, religious or charitable waqfs, trust etc. ; 193

(g) land held from before June 8, 1973, by a Goshala of a public nature" •^.

Mor-eover, provision was made that no person will transfer any land referred in clause (d), (e), (f), (g) without prior permission of the State Government, and any transfer made without such permission shall be void. As far as power of the Collector is concerned, he will maintain a register of Ceiling on Land Holdings Forms showing details of all land declared surplus in his district. The Collector will also ensujre that necessary corrections are made in revenue records in reject of surplus or short land.

In the process of land reforms, the Uttar Pradesh Government had passed Consolidation of Holdings Act in 1953» in view to remove problems of sub-division and frag­ mentation of holdings. Under this system one consolidated holding was granted to the fanner equal to his total land. This total land was in different scattered plots. The method of consolidation of holdings was used to provide better land management facilities to the farmer. Moreover, this Act has decreased labour work, financial needs and land disputes to a great extent. There is a specific machinery

15. Srivastava, A. K.; U.P. Imposition of Ceiling on Land Holdings Act, 1960, New Style Press, Allahabad, 1989, p.13. 194

for the consolidation of holding work in the Aligarh District. The works of different officials have been indicated in the Table No. 2.1, as given belowt

Table No. 2.1

Machinery of Ck?n3olldation of Holdings;

Director of Consolidation — at State level

Commissioner of Consoli­ — Commissionary dation level,

Dy. Director of Consoli­ — Distt, level dation

Senior Officer of — S. D. level Consolidation

Asstt.Settlement Officer — Tahsll level

Consolidator — Pargana level

Lekhpal — Village level

Source* By the courtesy of Mr. Abdul Ghafoor, ACRA, Collectorate, Aligarti. 195

Under the U.P. Consolidation of Holdings Act of 1953» the State Government has conferred the power of declaration and cancellation of notification for bring­ ing under consolidation operations of a district or part of it on the Consolidation Commissioner. The powers of Director of Consolidation have been conferred vpon the Additional District Magistrate (Executive) of Conso­ lidation Districts. But in consolidation Lekhpal plays an important role by maintaining ipto-date information of the land. He keeps record of different scattered plots of farmers. He decides name of different plots for con­ solidation according to their products and area. The Lekhpal of Consolidation is different from the Lekhpal of land revenue. On the basis of maintained land records of Lekhpal, the Consolidater has to make inquiries for vali­ dity and authenticity of records. In this capacity, the Consolidator is a real officer to deal with the work of consolidation of holdings. The conplaints against the Consolidator can be made to the Settlement Officer of the District. The State Government has delegated their power to appoint Assistant Settlement Officer of Consolidation for disposal of appeals filed in the courts of the Settle­ ment Officer of Consolidation to the Consolidation Commi­ ssioner. 196

Size of Holdings In Allgarh District;

following The/Table No. 2.2 gives details of the size and number of holdings and area operated by them.

Table No, 2.2

Nxomber of Holdings and Area Operated by size classes- According to the Agriculture Census of 1992-93 in Aligarh District:

S. Size of No. of % Area operated % age No. holding holdings age by the holdings (hectares) ( in hectares )

1. 0-2 235427 78.4 161746 38.9 2. 2-4 42256 14.0 116680 28.5 3. 4 -7.50 19423 6.5 103829 24.9 4. 7.50-10.0 2276 0.7 19303 4.6 5. 10 & above 989 0.4 12886 3.1

Total 300371 100.00 414444 100.0 Note: One hectare is equal to 2.47 acres. Sourcei By the courtesy of AGRA, Mr.Abdul Ghafoor, Collectorate, Aligarh.

The above Table shows that 78.496 fanners of the district have only 38.9?^ hectares area under cultiva­ tion. Each farmer under this grovp has only 0-2 hectare land which Is not sufficient to yield enough food even his grains/for/dependents. The second largest groip i.e. 14% 197

farmers are cultivating 28.596 area for agriculture pur­ poses. Each head under this section has only 2-A hectares land under possession. Likewise, 6. 59^ farmers have 24.99^ area, 0.7?6 tenants have ^,6% area. Only 0,h% tenants of the District Aligarh have more than 10 hectare Icmd under each head for cultivation. Analysis of above table makes it clear that large number of fanners have very small size of holding for survival when agilaature Census is held after every five years.

Collection of Land Revenue in the Aligarti Districtt

There is a specific machinery for recovery of land revenue. At the top level Collector is the final authority to take decisions regarding collection of land tax. In this connection. Collector is greatly assisted by the ABM (Finance & Revenue) of the Aligarti District. Besides him, there are other field officers of various ranks doing Job csf the recovery of land revenue. The Sub-Divisional Officerfor (SDO) at the Sub-Division level, Tahsildar at the Tahsil level (he is assisted by Naeb Tahsildar), Kanungo at the Pargana level, and Lekhpal and Amin are at the bottom level. In the above mentioned hierarchy only Amin collects land revenue otherwise all higher authorities only issue orders for recovery of land tax. 196

As far as collection of land revenue in the Aligarh District is concerned, first Lekhpal prepares a Jamabandi (annual assessment of revenue) vrtiich contains name of land holder, production of various crops on the land etc. Besides, all grxDves of Bhumidhars and Sirdars exenpted from the payment of land revenue are marked in column 18 of the khasra. The Collector has power to form and alter Lekhpal Halkas. The Collector may re-arrange the villages of the district in Lekhpal Halkas and from time to time alter the limits of such Halkas. The Collector may order fine not exceeding Rs. 50 to any person found spoiling border pillar < boundary marks etc. The Collector shall maintain the record of rights or annual register. On the basis of Lekhpal's land record Amin will fix land revenue in the follow­ ing parts viz., arrear (remaining of the last year), current (present demand) and total (net demand). Here it is relevant to know that land holdings 143to 301/8 acres have been exenp- ted from the land tax. Land limit upto this level was exenpt- ed by the late Chief Minister of Uttar Pradesh, Chaudhri Charan Singh, in order to inprove the condition of the farmers. These farmers were facing difficulties in paying land revenue because of severe poverty constraints.

The land tax is collected two times in a year -(1) at the time of kharif crop-collection shall be UO per cent of the demand, (2) at the time of Flavi crop-collection 199

60 per cent of the demand. If after expiry of the period allowed under any order of assessment, the vhole or any part of the amount of the tax remained unpaid without any reasonable cause, the taxation officer (besides land reve­ nue all kinds of taxes or dues will be referred to the District Collector in case of non-payment in due course) with may forward to the District Collector/a certificate under his signature specifying the amount of tax due from such person. The Collector on receipt of such certificate will take steps for recovery of amount of tax as an arrear of land revenue. Thus, the Collector provides an opportunity to the person to pay due tax. After ii a list of defaul­ ters will go to Tahsil by the Collector, then Tahsildar with the help of Amin will recover due amount from the defaulters. Whenever money has been collected or realised in excess, a person can write an application of con^jlaint to the Collector, If on inquiry it appears correct , the Collector may order it to be refunded to the applicant.

If, still, defaulter deliberately refuse to pay the tax, the coercive processes will be used. The Collector can take reasonable steps for e3q5editious recovery of arrears by issue of arrest warrant and sale of movable property of the person from whom the sum are due as the recovery of arrears of land revenue. Moreover, the Collector may realise the arrear by attachment and sale of interest of defaulter in any 200

Other Immovable pxx)perty of the defaulter. Every sale in this connection shall be made either by Collector in person or by an Assistant Collector. Under coercive pro­ cesses, generally, Tahsildar issues vrarrant of arrest and with the help of Amin defaulters are called at the district headquarter for clearing their land records. Thereafter they are arrested and put into the custody.

The Collector has been enpowered to grant Loans for the relief of distress on the occurance of certain cala­ mities like drought, flood, hall storm etc. The power of remission and suspension of loans also belong to the Collector of the district. The Uttar Pradesh Government has passed Agricultural Credit Act in 1973 with a view to secure adequate flow of credit for agricultural production and development through Commercial Banks and other Insti­ tutional Credit Agencies, ^art from providing loans for the relief of distress, Banks pxxDviding loans to the poor people for setting up small scale business. The aim behind is to generate more means of income and erradicate poverty as soon as possible. Loans are provided by banks on an instalment basis. Loanee has to pay fixed instalments in due time. If Loanee or agriculturist fails to pay the amount on the due date, the bank officer may forward to the District Collector a certificate specifyingthe amount due 201

such from agriculturist. On receipt of/certificate the Collector shall proceed to recover from agriculturist the amount specified therein together with expenses of recovery. Same process is adopted in case of nonr- recovery of Sale Tax, Stanp IXies, Excise Dues etc. Different departments have to send a revenue certi­ ficate to the Collector qpecifyingthe dues from the defavdters.

Collector's power of Land Acquisition;

The Collector has power to acquire land for public purposes like entry to canal, road, for construction of Government building, industry, hospital, for maintaining first public park etc. In this regard, he has to issue/a preli­ minary notification. This publication should contain names of the owners of land and building and other details of the land which is likely to be acquisitioned. After declaration. Collector can take order for the acquisition of land. Then Compensation Officer or Collector shall determine the amount of condensation to be paid for the land and building material. If the condensation is not accepted, the Conpensation Officer or Collector shall about report to the State Government/the. fact of the case. The Land is a State subject so decision of the State Government is binding over its subject. 202

So far as Aligarh District is concerned there are many exanqples when land was acquired for public purposes. First instance, the Collector Naqvi had acquired land in 194^ near Aligarh Muslim University campus for maintaining a public park (popular as Naqvi Park) to inprove public health as well as to control environmental pollution. Another Instance, in 1992, Collector Deleep Kumar Kotia, had acquired land near Provincial Armed Constabulary (PAC) Chawani for the foundation of Tala Nagari (Lock City).

Apart from Land Acquisition, Collector has powers to issue Old Age Pension, to those who don't have property or other means for their survival, preservation of historical monument if any one lies in his Jurisdiction, issue licences for scientific, industrial and medical purposes, take out the government land and property in public interest which have illegally occipied by the people. In city area shop keepers generally take possession of road side land which is illegal, this possession can be stopped or removed by the order of the Collector. After going through above mentioned powers and duties of the Collector, it is clear that he has mere undefined than defined functions. 203

STRUCTURE OF THE COLLECTORATE OF ALIGARH DISTRICT

The District Officer is the boss of whole Collec- torate. All matters of district are placed under his charge to look after well. The people of all walks of life come to Collectorate to get their problems solved. In redress order to/the public grievances redrtos Collector takes help of his staff i.e. Collectorate. The main office of the District Officer is under the general contixsl and si4>ervision of the Administrative Officer. There are number of senior clerks under him who act as Sectional Heads. However, the entire business of Collectorate is assigned to various sections under the charge of sectional heads like Revenue Assistant, Judicial Assistant, Chief Revenue Accountant, Nazir, Correspondence Record Keeper, Revenue Record Keeper and Assistant Land Records Officer in addition to general clerk working directly under the sipervision of Administrative Officer, as indi­ cated by the Table No. 2.3. 204

'O CO-. oj 30 >:o^

(X CO < 'I f+ H- f+3 CO ^

CO 1>

(D B (+ ^ o > w •1 CO _ H a H- X >CH CO C H P H s«r • O *T3 CO ^&_ wo HO) C- • c+O H- M fD CO H- • H Ml > fD 1 3 fD CO fD O _ > I •1 ?r CO 2 > (^ p. O 0) SCO 1 Ho H c J^co . X(B P H P O ^•tO H M {+ •1 c s» HO «: • • M 9 (D X (D >0 (D o C-l M M'^S B H> i-&. (B Q> >• <• HOC § ^ »1 3 > d- - 0«J ^r^** > ^ O M- n> M M >-«• a fO v^O •»: •1 H O <- 3 to z z z > O S^ CO H fD W ffto - CO H ?^ n fDlS Ho" H f+ ^ fD H3 0) •1 » •1 ^1 H O 0> O c •a — f+-- c+ -i (D CO '-^?^33W H •1 (t 3 O 03 o T a- w a> H, MfD 3 •-< g'^ H •-J fD H) CO CO O 1 O f+ CO CJ* CH 8 H pO (D fD fD (D ^ fD f+ • ^ H 33 ^3r^ » ^a^" ;58 P S' ^^^p- ^-'O) •I 3 a. C » 3 (D 3^ O O. ^^ 0) (t (D M •1 CO >*< O K P Pg^P d- o 0) (B P (D —ft 0) (0^ 1 o o H- CU n> O 1 0.0 H O H) *1 O M — X ft ^ ft o o Q) • fD 3 3 9 3 > •-J "d 0+ cr X ^- CO ?M & MO fT> sr o » r o> 05 HJCD ^s* 3 H> CO 1 O C^Q, Hf+ 03 --J O c+ 1 fD PD XO > w o •1, P^ H-C+ a D 30 0J * < 23", fD * 3 C 205

Control by the District Officer over the Collectoratet

The District Officer should personally make an occasional round of the whole Collectorate building to satisfy himself that the court and office rooms are kept tidy and clean. He has to ensure that sanitary arrange­ ments, furniture, books in library are in decent condition and properly arranged. He should also make occasional inspections of the various branches of work in his office. He should examine any particular department whose work is suspected to be unsatisfactory. Main work of District Officer should be to see that inspections have been regu­ larly made by the Officer in-Charge of the various depart­ ments, the Administrative Officer and Section Head and that the defects pointed out by them have been removed. When an inspection is made by a subordinate officer, the inspection note should be submitted to the District Officer for his perusal and orders.

Control and supervision of the Administrative Officer over the Collectorate t

The Admj.nistrative Officer should personally •• investi­ gate conplaints received regarding serious delays in complying with requisition for papers from the record rooms. He should also satisfy himself that the record keepers are working 206

properly and systematically and that effective supervision is being exercised on them. The svpez^sion of the Administrative Officer over the copying section in the record room should be related to such matters as to keep \43-to-date of notice board, the proper defacement and correct recording of the value of stan5)s, and existence of suitable arrangements for the proapt receipt and regis­ tration of applications for copies. Conplaints of abnormal delays in the si;pply of copies should be personally inves­ tigated. The Administrative Officer will exercise general si?)ervision over the Form Keeper. The Form Keeper has been placed under the Criminal Record Keeper. He has to take care of the library and maps and keep i;53-to-date of the various codes etc. The District Officer may in his discre­ tion pgt Form Keeper in-charge of stationary of the Collec- torate.

The Administrative Officer of the Collectorate should exercise the closest si^pervision over the ^tfork of the Neizirs and their assistants. He should pay special attention to the punctual despatch of the dak to Tahsils and to officers in canp, to the careful weighing of parcels and papers for the post to prevent wastage of stanps. He should give special care to the existance of an methodical arrangement for the service of processes issued from headquarters in order to prevent unnecessary expenditure on the entertain- 207

ment of extra process-servers. At regular intervals, he should try occasionally to obtain receipt granted by the Nazirs and conpare the amount entered in the receipts with the entries in the nazir's cash books. When he visits the Nazarat office, he should be careful to see that payment of diet money are not made except to the court officer 16 authorised to receive such payments" .

Thus, daily routine of work and control of the office is entirely in the hands of the Administrative Officer, He is made responsible for the discipline and smooth, efficient and economical working of his charge. In this regard, it is expected from him to keep gradation lists and character rolls of all officials and submit proposals for promotion. This work has to be done by him with the consent of sectional heads. The final power in such cases rest with the District Officer. However, the Administrative Officer is expected to make the periodical inspections of the work of each clerk in his office. The Administrative Officer has to maintain an inspection book in which he records a very brief summary of the inspections made by him and submits it throu^ Officer-in- Charge to the District Officer. Apart from him, the senior clerk will also carry out inspections of the workers working under them.

16. Revenue Manual, Revenue Department, Govt.of Uttar Pradesh, Language Publication Section, Lucknow, 1989, pp.4-5. 208

So far as sx^jervision over the court is concerned, it is Presiding Officer not an Administrative Officer res­ ponsible for the inspection and efficient performance of the work of court clerks. He has to satisfy himself that all rules have been observed by court clerks. He has to report to the District Officer about the performance of court when­ ever he is asked for it.

The Collectorate Library is placed under the charge of Administrative Officer v^o is popularly known as Office Siperintendent. He has to circulate to all officers at the district headquarters at the end of each week a list of books and reports received by him during the week.

Distribution of Business under the various Sections of the Collectoiratet

The whole business of the Collectorate is assigned to the various sections under the charge of sectional heads. Follow­ ing are few inportant functions carried out in some sec­ tions of the Collectorate:

I- Revenue Assistant's Section:

The works of Excise Clerk, Suits Clerk and Stamp Clerk are placed under the jurisdiction of this section. 209

Excise Clerk i The " challans for deposit of excise dues concerning bonded pharmaciesi powert alcohol installations and distilleries should henceforth be passed for acceptance at the Treasury by the Excise Inspector posted at the spot and not by the Excise Clerk. The licensee should be encou- the raged to present their applications in/first instance to the Excise Inspector concerned, so that the applications go to the Excise OLerk with the Excise Inspector's report.

Suits der^ : When a notice US/80 CPC is received it has to go to the Suits Clerk without indexing. He has to himself check the suit and see that it is in order. He has to send it in original to the department concerned for a narrative, keeping a note to this effect in separate sheets. Then de­ partment has to send it to the District Government Counsel (DGC). If DGC finds that there is no force in the notice and the District Officer agrees, the District Officer has to him­ self send a reply to the notice given to the effect that the suit if filed will be defended. If it is proposed not to file a suit in whole If it has to be referred to the Legal Remembrancer for his instructions. The Head of the Depart­ ments and Commissioner are enpowered to conpromise suits ipto Rs. 2,500. In small suits (value vpto Rs. 250), the Legal Re­ membrancer should not be consulted about the written statement or about any other matter. 210

Stamp Qerk : The pending entries of demands and collec- tions in respect of instruments not duly stanped are at present brought forward each month in the Demand and Collec­ tion Register. It is not necessary to enter full particulars of cases of infringement of stanp law and action taken about them in the monthly infringement statement vrfiich is submitted to the Board of Revenue. Henceforth only the total number of pending and decided cases should be shown in the statement" 17 .

II- Judicial Assistant's Sectiont

According to arrangement following officials have to work under this section.

Arms Clerk : " Under the U.P. Arms Rules and Orders a register in Form"G has to be maintained for recording parti­ culars of licences issued to possess arms and ammunitions and armed for purposes of sport, protection or display. When licence is renewed a report in Form S has to be made to the authority by which the licence was issued or was renewed. The weapons have to be inspected once in three years. Sub- Divisional Magistrates and gazetted police officers have to of their make it a practice to inspect the lie encefof arras and ammunition/ tours. The licences for revolvers, pistols and for the manufacture of fireworks and for blasting powder should be

17. Revenue Manual, Revenue Department, Government of Uttar Pradesh, op. cit., pp. 35-36. 211 renewed by the Sub-Divisional Magistrate. Every licencec should be permitted to buy unlimited quantities of ammuni­ tion. In exceptional cases like communal riots, the District Officer may restrict the quantity of ammunition to be sold to the licence. country Passport Cleric : If a national of a foregn / desires exten­ sion of time or permission to visit places not mentioned in his passport, he has to present his passport with a stanped application before the District Magistrate or Additional District Magistrate. The D.M. or A. D.M. must issue grant orders on the application. In no case the party should be referred to a clerk. Only the IM or AEM can send the application form to the clerk who has to keep it in a monthly bundle which should be sent to the Record floom. As regard special visas for member of the Pakistan Police or Armed Forces, the Government has to send such cases direct to the Superintendent of Police. The applica­ tions for international passports must be provided by the Passport Clerk.

Ill- Chief Reventie Assistant's Sectlom

In order to ensure expeditious action,the following procedure is adopted in reject of demands received from various authorities: 212

(i) An authority is entitled to collect the arrears of land revenue has to address the Collector for the same.

(ii) At the same time the authrity has to endorse a copy of his letter to the Tahsildar concerned. The Collector has to issue a general order to each Tahsildar stating that on receipt of such endorse­ ment, the Tahsildar has to collect the sum and send intimation direct to the authority, referring only difficult cases to the Collector.

(jii) The auditors of the Board of Revenue, should not inspect the Chief Revenue Accountant's Section more 18 frequently than twice a year" .

IV- Land Acquisition Clerk;

" The department at the time of taking possession of acquired land has to make a record of crops and trees on land. This record must be certified as correct by the owner of the land. The Ed.strict Officer has to ensure that no department take possession of land without proper legal proceedings. Irregularities are often noticed in the issue of orders suspending or remitting land revenue in respect

18. Revenue Manual, Revenue Department, Government of Uttar Pradesh, op. cit., pp. 37-^. 213 of land already acquired and the former landowner conti­ nues to be asked to pay land revenue. This causes unne­ cessary harassment. Accordingly, the District Officer must ensure suspention of land revenue in such cases immediately after possession of the land has been taken.

V- Nazaratt

The Nazarat has been relieved of the work of main­ taining the service books of Tahsil peons. The annual veri­ fication of services has to be done by Tahsildars. The entire despatch work of the Collectorate has been centralised in the Nazarat and the despatcher has to sit there with his despatch register. The various peons enployed in dak work, except one each under the Administrative Officer (Office Svperintendant), the ALJID and the CRA, are pooled and sit in the Nazarat. It is the duty of one peon to go constantly round the office to take letters for despatch to the Nazarat.

Collector's Stenogrstpher;

The maintenance of files and registers by the Collec­ tor's stenographer is unauthorised and not in keeping with the well understood duties of his post. The District Officer must see that he is not encumbered with such work and that all files and registers which have accumulated with him are immediately transferred to the Collectorate. Particulars of letters issued by stenographer have to be filled in the stanp 2^u register maintained by him. The District Officer has to take particular care that the telephone calls which his stenographer receives should be attended pronptly and replied politely" ^.

Apart from these above mentioned some important sections, the General Clerk of Collect©rate looks after matters of loans and pensions. He also deals vdth the matters of appointment, transfer and filing ip of temporary vacancies of the enployees. The General Clerk is under the charge of Administrative Office (Office Si?)erintendent).

So far as matters of the Collectorate are concerned, the District Officer is the final authority. Heisat liberty to make alterations in the above mentioned procedure in the interest of smooth functioning and assign any work to any section of the Collectorate or to any departmental clerk in a section. The District Officer issues orders regarding distribution of work in various sections and their assistants every year. Further, it is the responsibility of depart­ mental clerks to prepare a statement of business instituted, dispose off pending wor4« of every quarter to enable the District Officer to observe the progress of business.

19. Revenue Manual, Revenue Department, Government of Uttar Pradesh, op.cit. , pp. 38-^1. CHAPTER-V

THE «DLE OF THE EI STRICT OFFICER

A CASE STUDT OF ALIGARH DISTRICT

(Section-B) 215

[B] RESPONSIBILITIES OF THE DISTRICT OFFICER AS MAGISTRATEt

An important responsibility of the District Officer as District Magistrate is to maintain law and order in his district. In a democratic country like India, the problem of public peace and tranquility is con^Dlex, because people fight for their rights and press their demands through agitational means. Besides, people of each comer of dis­ trict approach District Magistrate for redressal of their grievances.

So far as Aligarh District is concerned, the District Magistrate has delegated power of maintenance of public peace and tranquility to the Additional District Magistrate (City), City Magistrate, Assistant City Magistrate (First), Assistant City Magistrar( Second) and Additional District Magistrate (Rural Areas), who with the help of Senior Superintendent of Police or Superintendent of Police maintain law and order in the district. Basically, district police plays an important

role in maintaining law and order. The D.M. is the head of CLVLL and criminal administration of the district, and in this capacity controls and directs the action of the police. The D.M. has special powers with reference to the allocation of Village Chowkldars in his district. He not only appoints them but also dismisses them. The law and order is not strictly 216

concerning any special type of crime« This is about general law and order which may be disturbed even by non-criniinal motives. The real nature of the emergency here may be poli­ tical, economic and communal > such disturbances of peace have to be prevented. The police is vigilant to watch the situation and take preventive measures to maintain peace and harmony of in the face/communal situation, festivals, agrarian troubles, industrial strikes, subversive political upheaval etc. In order to know actual position of law and order of the dis­ trict, it is equally essential to go through the organisation and functions of the district police.

ORGANISATION AND FUNCTIONS OF THE IgSTRICT POLICE;

The police is a State subject. The administration of police in a State is vested in the Inspector General of Police. The orders from the Government are conveyed to him and he conveys them to the subordinate police officers. Some orders are directly addressed by the Government to the District Magis­ trates, and in these cases copies are endorsed to the I.G. of Police who then issue order to the District Siperintendent of Police (SP). The I.G. of police is responsible to theGovemment for the efficiency and discipline of police force and for the proper performance of its duties. Down to I.G. are Deputy Inspector General of police (DIG) to sv^ervise and guide the work of district Sps. He tours the districts, inspects police 217

offices and police stations and ensures that the police discipline Is \>ell maintained etc. The position of different ranks of the police officials has been illus­ trated in the table no. 3.1, given below:

Table No. 3.1

THE STRUCTURE OF THE POLICE ORGANISATION!

Inspector General of Police I Deputy Inspector General of Police 1

Siperintendent of Police

Deputy Superintendent of Police

Inspector

Sub-Inspector

Head Constable

Constable SOURCE : Office of the ADM(City), Collectorate, Aligarii.

The District Svperintendent of Police is incharge of the District Police. He is responsible for the efficiency and the discipline of the Police Force and proper performance 218 of police duties. His main function is to check & control crimes but he has also a large amount of administrative work. For the control of crime he keeps himself in touch with the Police Stations, receives report of crime and investigation and provided guidance to investigation officers etc. He tours the district and inspects the Police Stations. All Police personnel in the district are under him; he svpervises their work and subject to the approval of the District Magis­ trate, he may transfer Station Officers and the officers of the higher rank within the district and may on his own transfer lower officers within the district. On the administrative side, he has to maintain discipline in Force. He has to keep the Reserve Lines in good order and to ensure that the Police is properly drilled, is well provided with arms and ammuni­ tion etc. He is also responsible for the proper administration of Police Funds. The office of the SP is at the headquarter of the district and he is assisted by Dy. SPs. Basically, at the city level SP works in close cooperation of AEM (City). The AEM(Clty) also moves with him to analyse the real situation of law and order of the district. He also Inspects all the Thanas of the district and shoulders responsibility of maintaining peace in the district.

The Deputy Siperintendent of Police (Dy. S.P.) helps the SP in enquiries and makes recommendation both to control crimef and related administrative duties. In Uttar Pradesh, 219 these officers are known as Circle Officers(OO). They directly supervise Thana Police, inspect the Thanas, direct important investigations and also discharge some administra­ tive duties.

There are number of Inspectors in the district. Their duties are to supervise the Thana Police and assist the Circle Officer (CO). In particular, they s\4)ervise investigation and prevention of crime and may take up some investigation work themselves and coordinate preventive and detective vork in their jurisdiction. They also inspect Police Stations and carry out miscellaneous enquiries.

A Police Station is headed by an officer of Sub- Inspector* s rank v^o is called Officer-in-Charge of the Police Station. He is briefly kno'vn as 30 (Station Officer) or SHO (station House Officer). The police station is the backbone of police department and plays pivotal role in executing all police orders in a police organization. The SO is assisted by Head Constables and Constables. Usually 25 to 150 villages are placed under the jurisdiction of SO. The Head Constables are ejected to perform functions of writing reports and main­ tenance of records, discipline and drilling of the force, investigation work etc. The Constables are usually assigned Beats so that every Constable is responsible for patrolling in his Beat and keeping himself informed of the state of crime and the general stat-^ of people. He,particularly, keeps to ?20

bad characters and looks for gambling-dens and Illicit distilleries. The Station Police has also to provide escort to important visitors, keep vigilence,participate in all official functions and assist general administration in every possi­ ble way.

BRANCHES OF THE POLICE;

Apart from such specialised agencies as the Photo­ graphic Bureau, Hand Writing Bureau, Finger Prints Bureau, Wireless Section and Fire Services; the Police Force may be divided into following branches:

1. Civil Police: It Is bulk of the police and usually mens the Police Stations. It is used usually to ^ control crowds and processions and also used for ceremonial purposes.

2. Armed Police.* It functions as part of the District Police. It is used in emergencies to meet violent crime. It is also used for guarding treasuries, trans­ porting cash, dispersing unlawful assemblies and crowds, and protecting and guarding public buildings, bridges etc.

3. Special Armed Police; It does not form part of the usually District Police. It is centrally trained in a State and usually posted at a few centres in groLfJS, 221

but is available for emergencies when assistance is needed by the District Police. In Uttar Pradesh it is known as the Provincial Armed Constabulary (PAC). When the District Police cannot meet situa­ tions arising out of agrarian trouble, outbreak of serious crime, widespread riot etc. this force is called in.

4. District Intelligence Staff (PIS): The DIS is Local Intelligence Agency vdiich keeps the District Magis­ trate and the District Si?)erintendent of Police informed of the general state of public opinion, specially public reactions to Government policies and underground public activities. The DIS oonprises a Sub-Inspector, a coiple of Head Constables. This is a part of the District Police.

5. Criminal Investigation Department (CID); It is a separate branch of the State Police organisation. Its main function is to guard the security of the State. It deals with the investigations of rather conplicated crimes. The CID personnel are spread all over the State and work in cooperation with District Police. It is different from DIS. It is a special branch of police and issues a number of periodical secret reports. 222

Apart from these above mentioned branches, there are Plailway Police and Vigilance branch. The Vigilance Branch deals with the matters of mal-administration, irregularity in essential commodities etc. At the district level Vigi­ lance Committees are constituted to examine such matters. Each Vigilance Committee constituted for a district shall consist the following members, namelyi

i) " the EM or person nominated by him shall be the chairman;

ii) three persons belonging to the SCs & STs and residing in the district, to be nominated by EM;

iii) two social workers resident in the district, to be nominated by the EM; iv) one person to represent the financial and credit insti­ tutions in the district, to be nominated by the EM; v) each Vigilance Committee shall regulate Its own proce­ dure and secretarial assistance, as may be necessary shall be provided by the D.M. " .

Thus, District Police plays an inportant role in main­ taining law and order. There is a close relationship between the police officials as well as administrative officials of the district.

1. Vaichariki, Elstrict Administration;Office. Finance and Legal Edgest, U.P, Academy of Administration, Nainltal, 1989, p.175. 223

RELATIONSHIP BETWEEN POLICE AND THE MAGISTRACY AT THE DISTRICT LEVEL;

The District Magistrate should be pronptly informed by the Si^serintendent of Police (SP) of the occurance of all serious crimes and of any sudden Increase in the crime. He generally should receive a fortnightly statement of the crime in the district. The SP should also keep the D.M. informed of all events that are of inqportance from a police point of view and should frequently seek an opportunity of discussing matters with him personally. Following are the offences in which SP has to send a report immetiately in a red-envelope to the EM of the district. These offences are " dacoity, robbery, torture by police, escape from police custody, forging of currency notes, manufacture of countei^ fiet coins, serious fraud on public money, inportant cases of murder, rioting, burglary and theft, breach of peace bet­ ween different classes, communities in political groups and other cases of special interest" . Apart from these reports, the SP is advised to keep himself in touch with the EM and AEM (City) and remain in constant personal communication with them. Thus, the Si^erintendent of Police's main function is to provide an efficient instrument for carrying out public policy which is directed by the El strict Magistrate. But the

2. Vaicharikl, Elstrict Administration; Office, Finance and Legal Digest, op. cit., p. 211. 224

position of the SP as immediate head of the disciplined force must be maintained and the District Magistrate is not supposed to intervene in the internal management of the Police Force. Such interference will adversely affect the coherence and, therefore, effectiveness of the Police Force. The District Magistrate in the exer^ cise of his power of control should avoid doing anything to weaken the District Si-perintendent of Police's autho­ rity.

The District Magistrate issues general directions to the police in matters of regulation of festivals and processions and deputes police on such occasions. The police is called \Jtpon to execute policies of the Govern­ ment which have a general bearing on law and order situa­ tions. In such cases policies are communicated by the Government to the District Magistrate who is responsible for getting these policies executed by the police. The EM takes local conditions into consideration, plans action and s\43ervises its execution by the Police. Such policies may relate to arms and licences, road transport, subversive political parties, political action and a host of other subjects.

The District Magistrate has power to inpose penalty and make arrest whenever a speech is delivered in public places without the permission in writing of the IM or the SP, 225 and these such public meetings v/hich may cause public excitment or disturb peace. In such situations bad charac­ ters may be arrested without warrant and punished severely for a term which may extend to six months, or with fine, or Doth.

Under the Goondas Act, where it appears to the EM that any person is a Goonda and his oiovements or acts in the district are calculated to cause alarm, danger and harm to the public and property, the EM may by an order in writing direct him to remove himself outside the district until the expiry of such period specified in the order. This order is generally for six months. If he fails to remove him from the district or re-enters the area from where he was ordered toberemove^i the EM may cause him to be arrested and remove in police custody to such place outside the area specified in the said order.

If there is imminent danger to the life and property of the public because of flood, the EM can direct such persons by an order to remove them from the specific area which is likely to be affected by flood. The EM can also arrange accommodation for the flood affected persons. He can take help of the army for protection of life and property of the people. He can talse possession of any premises other than premises used for the purpose of religious worship or a private dwelling in use as such for the evacuated persons. 226

The District Magistrate has been empowered to disperse any unlawful assembly if it is likely to cause a disturbance of the public peace. If police falls to meet the situation he calls in armed forces. In order to dis­ perse the assembly any Executive Magistrate of highest i?ank like AIM (City), SP etc. may direct for arresting and confining the persons who fonn part of it. The following principles should be governed in case of use of force. The Magistrate and the senior police officer should function in close cooperation. All attempt to disperse a crowd by warning and exhortation shall be made before it is ordered to disperse. If even after the order the attitude of crowd remains defiant force shall be used. If a Magistrate is present, the responsibility for using force shall rest with him otherwise senior police officer can direct for use of force. If Magistrate is not present, the SP can order to avert an unlawful assembly. In firing blank cartridges will not be used and firing should not be in the air or over the head of the crowd because it will only encourage further violence.

The SP within the district, can transfer officers below the rank of Inspector. In case of Inspector and officer in charge of Police Station, he must get approval of the IK before passing such orders. 227

In the field of law and order, control of crimes, execution of processes and general public policy, the Magis­ tracy and the police work in cooperation is headed by the EiLstrict Magistrate. An organised efficient and honest police system is the basic need of the district administration. No progress is possible unless there is peace and order, law is properly enforced and crimes are minimised. The good can not be protected without punishing the evil doers. The EM, therefore, lends all his authority and influence to the police so that it may discharge its legitimate duties. Yet, he holds the balance even between the police and the people and ensures to the possible extent that dishonest and vindictive officers are punished and the public interest is protected. In order to prevent corruption among the officials of the district, an " Anti-Corrupt ion Committee has been set vp in each district consisting of;

1. " The EM - President; 2. The SP - Member 3. Three non-officials members nominated by the Government. •• 3

This committee will examine various worS< after com­ plaints of corrtption against public servants in a district.

Apart from the above mentioned committee, a district Integration Committee should also be constituted in eachdistt. 3. Vaichariki, Distt. Administration; Office, Finance and Legal EiLgest, op.cit,, pp. 170-71. 228

under the chairmanship of the District Magistrate. This Committee will perform two important functions, namely:

1. "to look after the matters relating to Harijans, 2. to prevent communal tension"

It is the duty of the District Magistrate to visit the district jail at least once in a month. Such visits must also be acoanpanied by SEMs etc. The EM should inspect each Police Station once a year. The AEM (City) or SEMs can be asked respective to inspect Police Stations in their/Jurisdictions. He can also direct any subordinate Executive Magistrate to inspect the Police Stations. An inspection book for use of the District Magistrate should be kept at every Police Station. This book must be sent to Si?3erintendent of Police after inspection and shall be forwarded to the EM by a s.P. for infonnation.

In the States like Madras and Bombay, the District Magistrate's authority is very well respected over the R±lce, but his authority over the police in U.P, has been compara­ tively weaker. It is because here EM does not write the Character Rolls of his Superintendent of Police. Further, the EM will record annual entries in respect of all district level officers, except those police officers connected with planning and development. This will not be open to the

4. Ibid., p.171. 229 reviewing or accepting officer to make any Judgement on it. The entry of the EM vd.ll be confined to the contribution of officer in the successful implementation of district plans, his general reputation of integrity and his behaviour with public. In the event of an adverse entry made by EM. Re­ presentation, if any, against it will be made to the Commi­ ssioner. The Commissioner has the authority to take a decision and make recommendations to the Government on all administrative matters.

Apart from the above mentioned duties of the District Magistrate, he is also the chairman of Zila Sainik Pari shad. He is an inspector for his district under the Factories Act for factories and other establishment. He is also an inspector for the purposes of payment of wages act in respect of all factories within his district. He is a Returning Officer for elections to Parliament and Vidhan Sabha consti­ tuencies, and is responsible for coordination of the election work at the district level. He makes necessary arrangements for the election process. For example, he has to arrange for the manpower and their training connected with the conduct of elections, and transportation facilities etc.

At last but not least, he is a Edstrict Census Officer. He is responsible for conduct of census operations once in ten years. This work entails more elaborate arrangements than the elections. He appoints enumerators, provides for their 250 training and makes timely arrangements for the stpply of all relevant material & forms etc.

THE ADDITIONAL DISTRICT MAGISTRATES AND THE USTRICT KAGISTRATE - STUDY OF MUTUAL RELATIONSHIP:

The District Magistrate is the Central Government representative in the field to implement its policies within his Jurisdiction without any fear or favour. From the very beginning people of this country consider him 'Kingpin' of the district adininistration. Hitherto, people of all walks 01 life reach him to get redressal of their grievances. The District Magistrate is made responsible to manage affairs of the district. These affairs may be either in the field of revenue, law and order, judicial (like Pure Food and Adultera­ tion Act, Criminal Procedure Code and Indian Panel Code) or the development. In Judicial affairs he is assisted by AEW (Judicial) of the District. After the separation of Judiciary from the executive in 1974, the AIM (Judicial) was renamed as Chief Judicial Magistrate and placed under the charge of the District Judge. The idea behind tliis was to provide better social Justice to the people.

In course of time, use of science and technology stressed need for specialisation of each activity of the District Magistrate. In order to meet the needs, increase efficiency and effectiveness in work and 231

reduce workload of multifacet activities of the District in Magistrate, six posts of the AEMs have been created/Aligarh district. At present, these AEMs are providing assistance to the District Magistrate in the areas of his conventional responsibilities such as, revenue, law and order, civil si?)ply, ceiling etc. The chief idea behind delegating powers of the District Magistrate to the AEMs is to provide enough time to the District Magistrate to pay more attentione^ecially for the managerial problems. These AEI'^s are promoted from the Sub-Divisional Magistrates (SEM) in consideration of their past services and the ejq^erience they possess of the district. Functions of the AEMs in the Aligarh district can be very well understood franthe diagram given below:

Following are the AEMs of Aligarh District:

District Magistrate I i i 1 r I AEM(City) AEM AEM AEM (Rural (Finance & (Civil Sipply) (AEM( Urban Areas) Revenue) Ceiling)

Each main branch of the Collectorate is headed by either an officer of the rank of Deputy Collector or Additional District Collector and from there the line of authority runs to the field. Each branch of the Collectorate is further divided into sections as in Uttar Pradesh. Each 232

section is placed under the charge of sectional head, such as Revenue Assistant, Judicial Assistant, Chief Revenue Assistant, Nazir, Correspondence Record Keeper, Revenue Record Keeper and Assistant Land Records Officer. The success of the above mentioned arrangement "largely depends i4)on the quality of the organisation of the Collectorate and the efficacy of its communication. Presently, most of the Collectorates in UP. are in a chaotic state and the confu­ sion prevsLiling in the headquarters often has its consequen­ ces in the field offices. In order to overcome such a situa­ tion the disorderly and aging Collectorate should be reorga­ nised on systematic basis in view that it may equip for its own orderly coordination as well as of the entire district admini stration.

Further, horizontal or intersectional coordination at the base is the first task which can successfully be perform med to provide the social climate and administrative culture encourage mutual assistance and cooperation between the first line si^Dervisors. Positive responses between equal function­ aries of the same level, automatically provide a wholesome 5 atmosphere for co-ordinative efforts" . This intersectional coordination has great value where the branches are headed by the AEMs as in U.P. , because the Elstrict Magistrate has to pay special attention to the coordination work of the district. 5. Sadasivan, S.N. J District Administration, UFA, New Delhi, 1988, p.19. 233

However in the normal times, the El strict Magistrate may " entrust the function of coordination of the central office to the officer innnediately below him, in view of its importance he has to exercise overall personal sxpervision for its orderly and integrated functioning. Due to multi­ farious responsibilities induding frequent official tours, it may not be possible for the District Magistrate to review periodically the working of all branches and sections of his Collectorate, and he has to rely on effective delegation in order to keep them moving in concert" . The workload of the District Magistrate has been reduced vp to a great extent by delegating administrative as well as financial powers in the charge of various AEMs of Aligarh district, " All Execu­ tive Magistrates except the Additional District Magistrate shall be subordinate to the District Magistrate and every Executive Magistrate (other than the Sub-Divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-Divisional Magistrate subject to general consent of the District Magistrate. Whenever any powers conferred by the EM may be withdrawn by the respective Magistrate, by whom such 7 powers were conferred on any person" .

6. Sadasivan, S.N.; op.cit., p. 20. 7. Vaichariki, District Administration; Office, Finance and Legal Digest, op.cit., p. 168. 23^

DISTRIBUTION OF BUSINESS AMONG THE AEMs OF ALIGARH DISTRICT:

The EK may from time to time make rules & gives special orders for the Distribution of Business among the different AEMs of Aligarii District. The AEMs of Aligarh District will discharge all the functions of District Magistrate, excluding policy matters.

It is the restriction that all the ma;3or decisions like the Annual Report to the State Government shall be taken by the EM as the responsibility regarding the comple­ tion of work at the district level rests with him. In order to bring efficiency and effectiveness in the work of the Collect©rate and leave the EM to the work of sxjpervision, following functions are to be discharged by the different kms of Aligarh district.

Additional District Magistrate (Citv)t

1. Responsibj^ity relating to inspection/si^jervision of all Thanas of Aligarii city and maintenance of law & order; 2. Sipervision of the courts of Nagar Magistrate and Upper Nagar Magistrate situated at the headquarter; 3. Under the Arms Act, he has been empowered to settle down all types of arms cases (excluding carbine, Revolver and Pistol) relating to all Thanas of the Aligarii city; 235

4. Settle down all the new cases relating to Revenue, Goonda Act and Stamp Duty; 5. Siperintendence charge of VIPs is placed under him; 6. Work relating to Press and Communication Department; 7. Work relating to Sports, Riffle Club, Nagrik Pari shad, Festival, Homeguard and Passport; 8. Work relating to District Jail and observation of District Jail; 9. Work relating to compensation to the workers; 10. Siperintendence charge of the District Sainik parishad; 11. Superintendence charge of the Municipality of Aligarh; 12. Officer^in-Charge to Exhibition; 13. Superintendence charge of the work relating to Gandhi Eye Hospital; 14. Distribution of the Government residances; 15. Work relating to Schedule Caste; 16. Work relating to renewal and extension of working period of District Government Council, Assistant District Govt. Council and Gram Sabha Pannel Lowyeer; 17. Superintendence charge of the work relating to the welfare planning of child labour; 18. Superintendence charge of Joint Office (Execludlng work related to the Revenue Assistant); 19. Superintendence charge to maintain internal security; 20. Superintendence charge of Civil Suits/Indian Citizenship; 21. To discharge all those work which have been entrusted upon him by the District Magistrate. 236

Additional District Magistrate (Rural Areas):

Following functions are entrusted to the AIM (Rural Areas) of the Aligarh District:

1. Responsibility relating to maintenance of law and order and inspection/sipervision of all the Thanas except Thanas of Aligarh City; 2. Inspection and siq^ervision of the courts of all pargana officers and other officers of the district; 3. Excluding Thanas of Aligarh city, examination of cases under District Goonda Act, inspection of courts of Pargana Officers and Tahsildars, and matters of their transfer applications to the court; A. Under the Arms Act, excluding Thanas of Aligarh city, he has been empowered to settle all matters of district relating to suspension/disarmament of arms (except Carbine, Revolver and Pistol); 5. Work relating to cancellation of Agriculture land Patta and Awadi Patta in the district; 6. Superintendence charge of land reform, land order, consolidation, land acquisition, rural ceiling, gazeteer, historical monuments, mineral property, agriculture census, animal census character certificate, farm store, old age pension, judicial and revenue archive. Govern­ ment residance siqaervision, political pension, Lok Sabha and Vidhan Sabha questions, Anglo Archive etc. ; 7. Svperlntendence charge of Joint Office (related to the Revenue Assistant); 8. Work relating to Inquiry against the gazetted officers according to the order of the District Magistrate; 237

9. Hearing of appeals against the Lekhpals at the time of departmental proceedings? 10. Authorisation to go across uncertain leave problems of gazetted and non-gazetted officers* 11. Svperintendance charge to verify matters related to the residence, caste and nationality; 12. Work relating to salary and travelling allowance of class II gazetted officers; 13. Work relating to acquire Estate; 14. Siperintendence charge of Nazarat; 15. Officer-in-charge to the Navodaya Vidhyalaya, Agsouli Tahsil Sikandra Rao; 16. Discharge all those works referred to him by the Eistrict Magistrate.

Additional Etlstrict Magistrate(Finance and Revenue);

Following revenue matters of the district will be taken into his effective guidance and sipervision:

1. District Finance Officer/District Registrar; 2. District Stamp Officer* 3. Realisation of all the government dues, supervision of the work relating to natural calamities and Siqserin- tendence charge of collection work; U. Inspection work relating to the settlement of Audit Objection; 5. Work relating to obtion and sale of attached property; 6. Work relating to treasury; 7 Work relating to Muslim Waqf and Trust; 8. Registrar under the Mahajan enactment; 238

9. Si^^erlntendGnce-charge of natural calamities; 10. Siperintendence-charge of Evacuee property and enemy property; 11. Si?)erintendence-charge of general pension; 12. Superintendence-charge of entertainment tax, luxury tax, etc.; 13. Settle down all pending cases of Stamp IXity and decide that Stamp Duty is not being misused; 14. Work as Assistant Returning Officer of the district during the period of election of MLAs and MPs etc.; 15. Apart from these, discharges all those functions entrusted vpon him by the District Magistrate.

Additional District Magistrate (Civil Supply):

The Civil Sipply department of Aligarh district is placed under his charge. He has to ensure an uninterri^jted si^jply of essential commodities in the district. In case of general shortage of these commodities he is sipposed to exercise the necessary control over their attainment and distribution. In this regard, following are the important functions entrusted xxpon the AIM( Civil Sipply) of the Aligarh District:

1. Siperintendance-charge of all those works relating to civil stpply; ?. Under the Essential Commodities Act, empowered to take action against the sieged material; 3. Work as a coordinator in district in those examinations arranged by the Government of India; 239

4. Settlement of 450 consolidation watching, which are transferred from the court of Ed.strict Government Council;

5. Settle new Stamp Duty cases of Iglas and Khair Tahsils;

6. Settle dov/n pending revenue cases of Iglas Tahsil;

7. and discharge all those works referred to him by the District Magistrate.

Above mentioned allocation of work has made it clear that conventional works of District Magistrate from revenue to lav.' and order have been entrusted i^^on the AIMs of the district. Responsibility to the State Government about the work of district rests with the District Magistrate. In order to ensure responsibility he exercises power to control the working of different departments in the district. Apart from control, he provides guidance and supervision to various district level officers to achieve the objectives of the policy laid down by the Government. 2A0

ALIGARH DISTRICT AND ROLE OF THE DISTRICT OFFICER IN EEVELOPMENT AO1INISTRATI0N

In recent times, the vital role of the District Officer in the district administration has been a subject of debate. The main focus of district administration has indisputably shifted away from the collection of land revenue and the maintenance of law and order to economic development, coordination and the ipliftment of the weaker sections of society.

The present role of the District Officer in Uttar Pradesh vis-a-vis development administration can hardly be said to be different from rest of the country except Maharashtra, Gujarat and Andhra Pradesh, The development functions and responsibilities of the District Officer of Aligarh District increased manifold on account of addition of the Community Development Programme (CEP) activities to his portfolio.

In Uttar Pradesh the scheme of Community Project and National Extension Service was started in 1952-53 and by the end of 1955-56, there were 26 Community Projects and 135 National Extension Service Blocks of which 28 were con­ verted into Intensive Development Blocks. New material and managerial tools were invented and the process of extension and consolidation was set in motion, vrfiich conti­ nued throughout 1960s. But establishment of Panchayati Raj 241

Institutions in the district created a vertical split in the district administrative set-ip. As mentioned earlier the acceptance of the scheme of democratic decentralisation by the States had a far reaching effect xxpon district admi­ nistration. A very important question that naturally came vp for discussion at the very outset was* v*iat should be the role of the District Officer in the scheme of Panchayati Raj? How he stands in relation to these democratic bodies? Should he be inside the Panchayati Ra^ Institutions or watch their activities and progress from outside acting as their guide and adviser?

PANCHAYATI RAJ AIMINISTRATION AND THE DISTRICT OFFICER IN ALIGARH DISTRICTt

Inspir>ed by Gandhiji's idea of village republics Uttar Pradesh had initiated programme of rural development even before attaining freedom. Thereafter the Uttar Pradesh Panchayati Raj Act was passed in September 1947, on the basis of the recommendations of Kher Committee on Local Self-Govem- ment of Uttar Pradesh gave serious thought to the need to introduce democratic decentralisation. In the beginning, it was decided to make Zila Pari shad the vital link. Accordingly, an ordinance was promulgated on ^ril 29, 1958, which was latter replaced by the 'Uttar Pradesh Antarim Zila Parishad Act',1958. In this way the Antarim Zila Parishad tookover the functions of the then existing District Boards and District Planning Committees. 242

In 1959 the Zlla Pari shad Bill known as " Uttar Pradesh Kshetra Samitis and Zila Pari shads Adhiniyam" I96I, was introduced in the legislature. After the passing of this Bill, the State Government Committed itself to the task of democratic decentralisation; the Panchayat Raj Act of 1947, the Uttar Pradesh Zamindari Abolition and Land Reforms Act of 1951 had no doubt done the spade work in strengthening the concept. It was, however, the 1961 Act which can be described as the last cementing force to lay a very sound foundation for the same.

The Third Five Year Plan of Uttar Pradesh introduced necessary changes to implement the development programmes by establishing three-tier institutions with Zila Pari shad at the apex level, Kshetra Samiti at the centre and Village Panchayat at the base. This plan Isiid down the following objectives of democratic decentralisation in the State:

1. Panchayat Samitis and Panchayats should make efforts to mobilise local mai5)ower and other resources and services available at the right time according to the accepted programmes. 2. Panchayat Samitis and Panchayats should pay special attention to raising the level of living of the less privileged sections. 3. Panchayat Samitis and Panchayats should place their main emphasis on increasing agricultural production. 243

According to the Adhiniyam, 1961, the conposition of indirectly elected Zila Parishad in Uttar Pradesh shall be as follows: All Pramukhs of Kshetra Samitis established in the district are members of Zila Parishad; Members of Parliament from the district; MLAs from the district; all members of Legislative Council residing in the district,the District Officer (a non-voting member) and Presidents of all municipal boards in the district will be ex-officio members. Nominated members will be chosen by the Kshetra Samiti out of its members in the prescribed manner; persons shall be coopted in the manner prescribed by the Government. There is provision to have representatives of women and scheduled castes according to the number of khands in a district. The total number of members under subsection (1) of section 18 shall not be less than twenty.

Under the Act, the Zila Parishads were given both si^servisory and some executive functions, such as general svpervision of Gaon Panchayats and Kshetra Samitis pi*epara- tion of district plans and review and coordination of Kshetra Samitis-distribution of adhoc gi*ants allocated by Government and other bodies. As coordinating and svpervisory agencies with some executive powers the Zila Parishads under the Act have not been made very strong in respect of functions, powers and as an affective administrative machinery. Zila Parishad periodically meets and discusses the various problems that arise in connection with Panchayati Raj and development 24^

schemes of the district. The Chief Executive Officer of the Zila Parishad is of the rank of District Officer.

POSITION OF THE DISTRICT OFFICER IN THE ZILA PARISHAD:

So far as the District Officer's powers and its relation to Panchayati Raj Institution are concerned, in Uttar Pradesh, he is entitled to attend the meetings of Zila Parishad and participate in discussion but has no- voting right. The District Officer can inspect any mova­ ble property, books or documents which are under the possession of the Zila Parishad. He can seek or furnish any statement, account and reports from the Zila Parishad by an order. The District Officer may time to time call meetings of Parishad Officers to discuss matters relating to ejqjenditure from the budget grant of the Parishad relating to planning and development. It is expected from the UA. to furnish quarterly reports to the State Government about the progress of development work of the district.

If at any time, it appears to the State Government that the Zila Parishad has made default in performing duties imposed on it by enactment or the State government then the State Government has power either to dissolve the Parishad or svpersede it for a specific period. In such case, the State Government may appoint the District Officer to perform Parishad's function and take decisions of Parishad alone. 2^5

For instance, this happened in Aligarh District vAien after dissolution of Parishad, election was not held at least 14 years from 1977 to 1989. So, by the 73rd Constitutional Amendment Act, 1993, Government has made various provisions such as "to hold election every 5 years and in case of s\45ersede within 6 months. Thus, role of the District Officer in relation to PRIs is only limited to inspection, participation and cooperation except in emergency periods. In case of emergency the District Officer may provide for the execution of any work which the Zila Parishad is empowered to execute for the safety or protection of the public. For the expenses of the Zila Parishad the District Officer may issue an order directing the person having the custody of the Zila Nidhi to pay the expenses. lEVELOPMENT PROGRAMMES OF ALIGARH DISTRICT;

For the District Annual Plan 1993-94, the Rs. 1338.31 lakh outlay has been determined. Vhen in 1992-93, it was only Rs. 1200.26 lakh. Under the year 1993-94, the qld-age pension, aid to widow and handicapped and scholarship to the 9th and 10th class students Alike plans have been transferred from State Sector to District Sector. These schemes have increased the workload over the District Sector. Following are the inportant development programmes going on in the Aligarh Dis­ trict. Rural Landless Employment Guarantee Programme(RL & GP), Training for Rural Youth for Self Employment (TRYSEM). 246

Development of Women and Children in Rural Areas(EWCRA), Integrated Rural Development Programme(IREP), Jawahar Rozgar Yojna (JRY) etc. Later on,like other parts of the country > various development programmes were merged into Integrated Rural Development Programme in Aligarh District too. It was inqplemented all over country in 1978 after merging various development programmes such as IPAP, DEP, TRYSEW, NREP etc. within its purview. In case of Aligarti District IREP was implemented in 1980 in few blocks was of the distt.viiich later on/extended to all the 17 blocks of the district. It is a centrally sponsored scheme implemen­ ted by District Rural Development Agency (DRBA) of the States. It is funded on 50:50 basis by the Centre and the States. Under the programme, assistance is given to the rural fami­ lies of target group having annual income below the Rs. 6A00. This limit has been increased to Rs. 11000 from April 1992. At least 5096 of the families covered should belong to the SCs/STs from 1990 onwards.

For successful achievement of the objectives, sector- wise targets are assif^ned to each block in the district in consideration of available resources in the area for the selected poor families. The District Rural Development Agency (EflDA) is responsible for in?)lementing the programme at the district level and Block Development Officer (BDO) at the block level. The District Officer is the Chairman of DRDA, Aligarh. Besides him;all MPs, MLAs and various 247

district level Officers of the district are its members. The chairman i.e. District Officer of DRDA has been enpowered to form an executive committee to assist the DRDA. The DRDA is over all incharge of planning, inplementation, monitoring and evaluation of the programme of the district.

Under the IREP, it has been observed that many of the poor households of Aligarti District do not have the Below Poverty Level (K*L) card. They can neither be registered as poor nor they are eligible for any grant under the IREP. It has been noticed that the persons responsible for programme implementation are not interested in target fulfil­ ment and do not care for viability of the project. The quality of asset is inadequate to generate additional income for the target families to cross the poverty line. In a number of cases full payment of subsidy is not given to bene- ficianes and is less than the sanctioned amount. There Is undue delay in sanctioning loan to the families by the banks. In many cases material, regarding the project, given to bene­ ficiaries from approved shops are of low quality with higher prices than the open market. Sometimes, it has also been noticed that beneficiaries vrfio have got their animal insured did not get insurance payment in case of accident. Cases of misutilisation of funds by the benefitted families by mani­ pulating false assets with the help of their relatives have also been reported. Under severe poverty constraints some­ times various beneficiaries utilised sanctioned loan on Illness, 2A8 marriage and other natural calamities etc. Therefore, proper monitoring and continuous watch are necessary. Regular visits should be made by the officials to ascer­ tain the positions of assets and their proper utilisation.

Further, financial institutions sanctioning such loans have adopted rigid norms and procedure in the shape of higher rate of interest and inadequate amount of loan for setting \jp of enterprises. Besides, there are lack of proper implementation, technical expertise and awareness amongst the poor households about the anti-poverty programme. The officials responsible for identifying target gro\4)s for assistance do not have adequate knowledge of the poor in their Jurisdiction and are not properly motivated to help them.

Efforts are in the offing aiming at reducing poverty and unemployment by employing adequate means and exploiting the available sources and creating greater motivation among the functionaries in the delivery system. All the concerned officials, non-officials and others need to be apprised of the concepts, strategy and ejqsected outcomes of the programme, Further, it is imperative to equip them for task through the transfer of skills and inculcation of such values and atti­ tudes v^iich will be conducive for the -attainment of goals of Integrated Rural Development. 2A9

Besides these programmes,various otherdspartmenta arealao engaged in/development work of Aligarh District. These Departments aj?e Agriculture Department, Gardening and usufruct Department, Sugarcane Development Department, Help to Small and Marginal Farmers, Animal Husbandary Department, Milk Development, Fishery Development, Forest Department, Cooperative Department, Panchayati Raj Depart­ ment, Community Development, Minor Irrigation Department, Electricity Department, Plan for Rural and Cottage Industry, Education Department etc.

EEVELOPMENTAL RESPONSIBILITIES AND THE DISTRICT OFFICER'

In order to make development meaningful and effective been a separate department of development has/created and all work relating to it referred to the AEM(Planning) who is renamed as Chief Development Officer, who assists the District Officer in development work of the district. Accor­ dingly, separation of developmental actMlies from the purview of the Eistrict Magistrate are Ihus diverted to him svch as^ advise, assistamceA coordination rather than direct control of development work of the district. Sepaz*ation does not mean complete aloofness of the District Magistrate from the deve­ lopment process of the district. He is still Chairman of District Plan Co-ordination and Implementation Committee as well as Vice-President of the District Planning and Observa­ tion Committee. The step to separate development 250

department was taken ixi-«iew of the DLstt. Officer's already responsibilities overburdened/with his routine functions. Although still the District Officer is theoratically the administrative head of the district, he has been divested of any effective role in the development administration of the district. The Chief Development Officer (CDO) being his equal, is in no way under the control of the District Officer (DO). Consequently, the entire development machinery in the district is placed outside the pale of the District OfficerSs authority. The influence, if any, that he continues to exercise in development matters is largely arising fzx>m the status and prestige of his office. The District Officer of Aligarti district therefore, remains primarily a regulatory functionary greatly occvpled with routine functions, and crucial matters like monitoring and review of development programmes which concern the welfare of society as a v^iiole do not strictly come within the purview of his Jurisdiction.

The preoccvpation of the District Officer with routine work implies an under utilisation of his managerial capacity which is in great demand in the field of development. It also implies that his administrative experience is hardly applied to solve real problems of the majority of people such as poverty, unemployment and satisfaction of minimum needs. The District Officer of Aligarh District is ideally placed to perform the role of coordination of development activities 251

rapidly proliferating in the district. The involvement of the District Officer here in development administration would not only make his role more meaningful and satisfying but also the district level coordination more effective. If the District Officer is to bear the responsibilities of development, his traditional role of preserver of the status- quo should yield to that of dynamic agent of change. He should be relieved of routine revenue and magisterial func­ tions in order to afford him more time to concentrate on the real problems of human welfare in the district. The inclusion of the District Officer in district planning of Aligarh Dis­ trict has been a very healthy step since it has brought him into direct contact with the multifarious aspects of develop­ ment administration.

DISTRICT PLANNING BOARD!

It is a sqpreme body of planning in the districts. Its composition comprises of all MPs and MLAs hailing from the district, the Zila Parishad President, District Collector, Economic and Statistical Officer, Chief Development Officer, ill District level Officers, Minister nominated by the State Government and A.11 the Legislative Council Members (MLCs)etc.of the district . The functions entrusted ipon the District Planning Board ar^: " to prepare perspective plan, five year plan and annual plan of the district for its balanced develop­ ment,' to evolve specific schemes in various fields* to ensure 252 that the planning is realistic and aims at maximun partici­ pation; to undertake a regular and effective review and evaluation of the implementation of the district level schemes and programmes; to undertake special monitoring and evaluation of the minimus needs programme to locate the bottlenecks in the inqplementation of schemes and remove them, to detect the missing links in the infrastructure for implementation of the family oriented programmes and to formulate ^propriate schema to restore the links; to review the progress of the implementa­ tion of family oriented programmes in the district, and to p ensure that their benefits actually accui*e to the rural poor" . The District Planning Officer is e:q)ected to tour and visit the sites of projects financed by the EtLstrict Planning Board. The District Planning Board is also expected to build ip a reference library on economic development besides acquiring publications of the Planning Commission & the State Government.

In order to meet the live needs of people, the district level planning was consideredftlast altemati\e. This decentra­ lised planning process was started in Aligarh district by the out U.P. Government in 1981-82, so that districts can chalk/excellent development plansby best use of fiscal and man-power resources of the district. It has generated great enthusiasm all over the district. The people have come to feel that they are participating in planning and that they can propose and get

8. Sadasivan, S.N,» op.cit., p.87. 253 things executed. Decentralised planning process is the delegation of powers and the devolution of funds to the District Officer. The people realise that the Distt.Planning Board is an effective body to meet their departmental needs, accept suggestions or proposals. In order to strengthen district planning process U.P. Government has created following new posts:

S.No. Name of the post Nunber

1. Economic and Statistical Officer 1 2. Assistant Economic Statistical Officer 2 3. Cartographer 1 4. CIerk/Typist(Junior Assistant) 2

But down to the district i.e. at the Block and Village levels till now no separate planning arrangements have bean made by the U.P. Government. Perhaps the idea of the Government seems to strengthen district planning pro­ cess first.. It is said that information down to the Block and Village levels about the planning process will go through trained workers in order to get their more effective contri­ bution. Under the decentralised planning process, planning of all those departments engaged in rural development first be prepared at the district level than moves upwards to Division level. For the formulation of district plansvarious Execu­ tive Committees have been constituted and their duties have been assigned , as indicated below: 25A

A- District Plan Co-ordination and Implementation Committee:

At the district level a District Plan Co-ordination and Implementation Committee has been constituted under the chairmanship of District Officer for the preparation, rapid in^Dlementation and to get more benefits of district plan. The constitutlDn and duties of the committee are followst

Const! tuti»ni " 1. District Officer Chairman 2. Chief Development Officer Secretary 3. Economic and Statistical Joint-Secretary Officer 4. All District Level Officers as members

Duties of the Committee; 1. to prepare Annual and Five Year Plans for the district by taking into consideration the laid down guidelines and outlay of the district? 2. review monthly progress of district plans* 3. Prepare proposals of re-appropriation according Q to the guidelines of the State Government" . B- District Planning and Observation Coeatittee:

This Committee has been constituted in the order given belowt Membership I •• 1. Minister nominated by the State Govt, Chairman 2. Chairman, Zila Pari shad Vice- . —. Chairman 9. District Plan, Aligarh Distt., 1993-9A,p.3. 255

3. All VPS/MLAS of the District Members 4. All MLCs of the District Members 5. DLstrict Officer Vice-C3iairman 6. Caiief Development Officer Member-Secretary 7. All other DLstrict Level Officers of Development Departments Members

Duties of the Comaitteet

1. to give last sh^e to the proposed Annual Draft Plan of the District Plan Implementation Committee at the district level according to the indicated guidelines of the State Government and distributed outlay of the district; 2. to make observation at least once in t>« months for all the plans of district departments. 3. to distribute departmental outlay in different blocks of the district according to the time to time made parameters of the State Government. The aim behind it is to abolish inequalities of different blocks of the district. 4. to make ipward i*®* at the Ctommissionary level with the re-s^jpropriation proposal of district plan implementation committee with its own approval. 5. If necessary, get the general information from the departmental officers of each department" 10 .

C- Organisation and Duties of IM.strict Executj're Comailttee x The District Plan and Implementation Committee has a Executive Committee. It is called Pre-Plan , Creation and Distribution Committee. The Constitution of this committee is given belowi 10. District Plan, Aligarh, op.cit,, p.3. 256

Membership

•• 1. District Officer Chairman 2. Chief Development Officer Member-Secretary 3. District Development Officer, Different Departments/Highest Officers of Organisations or nominated Engineer, Members 4. Representatives of the -^ District Lead Bank Members"

Above mentioned Committees are important Committees doing planning work at the district level, •^fter approval of District Planning and Observation Committee, the district perxisal and plan comes vdthin the purview of Commissioner for/consent. Here State nominated Minister, Commissioner, Joint/Deputy Development Commissioner and all District Officers of Commission etc. examine and analyse of district plan. Divisional Committee also makes debt planning to the availa­ bility of more institutional finances for the development works. This committee has power to give administrative and financial permission ipto the extentof Rs. 10 lakh for the new plans. After the s^jproval of Divisional Committee the district plan moves ipward to the Secretary, State Planning Commission. Here, State Government finally approves the district plan and distributes money for the achievement of the determined targets.

In short the actual position of the District Officer within the frame-work of development administration in

11. Ibid., p.3 257

Uttar Pradesh will be determined after the re-organisation of the Panchayati Raj bodies in the light of 73rd Ck)nsti- tutional Amendment. What type of changes have to take place is yet to be seen, but one thing is certain that the groAfdng quantum of the developmental activities having a direct bearing on his office is lightly to change the present role of the District Officer in the State. CHAPTER-VI

SUMMARY AND OBSERVXTIONS 258

CHAPTER - IV

SUMMARY AND OBSERVATIONS

Summary.

District has been the basic unit of administration in India since ancient times. Manu had described the general fortn of administration. He started with the village which was more or less a self contained republici a socio­ political groip living in equilibrium. Each village was headed by a headman. / The pattern of administration offered by Mauryas was highly centralised in order to control compre­ hensive social system. The Rajuka or District Officer in the Mauryan Empire was not only the head of this Ahara or District, but was also the principal co-ordlnator of the revenue, general and military functions in his Jurisdiction.

An important landmark in the evolution of the District Officer was the period of the Mughals. The Mughals separated the Diwani (Revenue Administration) from the Fau J da ri( General Administration). The present institution of the Collector has been directly derived from the Company administration dating back to 1772. 259

With the advent of Secretary of State or the govern­ ance of India by the name of Crown, it was " a widespread belief that the Company's former actions had often been illegal" and, therefore, " must be regularised" . The Indian Council's Act of 1861 was followed by the passing of land revenue, and tenancy laws and by the three codes — the Penal Code, the Ciriminal Procedure Code, and the Civil Procedure Code. These legislations curtailed the executive and discretionary authority of the District Officer. The Collector, however, continued to be the chief agent of government in his district, he continued to be responsible for its law and order and well-being. But as time passed, his duties came to be discharged in different manner and by changed methods.

The Morley-Minto Reforms of 1909 marked the end of " The Golden Age of Bureaucracy" . The Montagu- Chelmsford Report proposed the position of the District Officer in the following way.* The District Officer has a dual capacity; as Collector, he is head of the revenue organisation, and as a Magistrate, he exercises general sipervision over the inferior courts and looked afier some specific police wortc

The Reforms of 1919 made the District Officer able to adjust himself, even with repugnance and sometimes unhealthy 260

atmosphere to new demands and changed conditions. He was now si?)posed to work in his respective sphere or Jurisdiction besides the party governing the provincial admini stration.

The provincial autonomy brought a change in empha­ sis as to the functions of government. By 1939, with the Congress Government, the emphasis had changed, it paid more attention to the programmes of rural ipllftment, cooperative banks and village panchayats. Now their first aim was for reconstruction and development of rural areas. The above emphasis added to his already countSess duties.

The Constitution of India may be considered as the Legal Charter for the identification of district adminis­ tration in the independent India. Great changes have taken place in the socio-economic administration of the district since Independence. Consequently, the office of the District Officer has also changed fundamentally in terms of its prestige and powers since then-. In a pre- dominently agrarian country like India, the district admi­ nistration is the actual government in action for the overv^elming majority of the people. The characteris­ tics of caste which make it a localised social groip, are 261

more pix»nounced and their feuds are more intense in the village. The connection between the land and caste is nowhere so ostensible and observable as it. is in the village. The bitter boundary disputes arising from the posession of land and the every day encroachments which,quite often,lead to major law and order problemsf are largely provoked by caste affinities and loyalties.

The district administration is basit*^ A revenue administration. The Collector is in direct charge of land revenue and its collection. The land reforms like zamindari abolition, tenancy reform, ceiling on land holdings and consolidation of land holdings havs iarpo-' sed additional burden on the District Collector. Instead of dealing with a few intermediaries, re^onsible for the payment of land revenue/ he has now to deal with hundreds andthousands of cultivators in connection with land revenue, canal dues, taccavi loans and many other such things. A huge staff tinging fxx>m Karmacharis to Circle Officer has to be engaged and sipervised and their conditions and other things have to be looked well by the District Collector.

If the entire revenue machinery is examined in detail, we find that the main structure as well as methods 262

or less of the administration in the district are more / the same as they were before independence.

As a Magistrate the District Officer has two-fold responsibilities:

i) maintenance of law and order or non-Judicial, and,

ii) trial of criminal cases and s\4)ervision of magisterial courts or Judicial.

The Judicial function (trial of criminal cases) of the District Magistrate has been affected in those States where the system of separation of Judicial and executive functions has been introduced.

Law & order is central to the district administra­ tion functioning. The District Officer performs this function as District Magistrare with the assistance of the District Police and a nunber of other agencies. The control and direction of the district police for the maintenance of public order is vested in the District Magistrate. It is a basic responsibility of the Superin­ tendent of Police (SP) to keep the Magistrate informed about the state of peace and serious crimes committed in the 263

district. The S.P. has to suggest clear line of action, sLpposed to be taken from time to time to maintain law and order. With the increasing rate of crime, mass movement of the people and political linrest, the police organisation has expanded enormously and the Inspector^ General of Police who was at the apex, has been pushed a step down. Now his place is taken over by Director- General of Police.

Hitherto, the relationship between the District Magistrate and the Superintendent of Police has been the matter of great deal of discussion. However, the control of law and order by District Magistrate has stood the test of time. The D.M. being the Head of the district administration has much better sources of information and much broader view of public administra­ tion than the S.P. can have.

The District Officer has been primarily the field agent of the government and has symbolised local admi­ nistration in the district. The acceptance of the scheme of democratic decentralisation by State governments was bound to have a farreaching effect upon district adminis­ tration. The ideas held so far about its set-ip began undergoing a significant change. A cardinal question 264

that naturally came vp for discussion at the very outset was* what should be the role of the District Officer in the scheme of Panchayati Ra^ How should he stand in relation to these bodies? Should he be inside the Pan­ chayati Raj Institution? Or, should he watch their work­ ing from outside, acting as their guide and adviser and occasionally, censor?. As the result of various delibe­ rations the two views were finally emerged. One was that it was wrong and undemocratic to make the District Officer chairman of the Zila Parishad, it was equally wrong and ill-advised to keep him outside the Panchayati Raj system.

The movement for decentralising power started with much enthusiasm and hope. From the beginning Panchayati Raj had been " a story of v^js and downs. The Panchayati Raj Act of 1993, vrfiich introduces far reaching changes in the Panchayati Raj System and the growing quantum of deve­ lopment programmes, the question of the role of District Officer has assumed greater importance.

The exeucution of a plan, either Five Year Plan or rural transformation programmes, is ultimately the respon­ sibility of the district administration. Now the emphasis in relation to the responsibilities of the D.M. is shift­ ing away from law and order and regtilatory functions to 265

development and coordination. The District Officer is the principal coordinator of the development programmes of the district. With his administrative experience, he plays a dominant role in the realisation of objectives of Panchayati Raj and rural development. As the leader of the team of officials of development departments, the District Officer has to ensure that the development tar­ gets are achieved in time and to the general satisfaction of the people.

The idea either to abolish the office of the District Officer or to make him the chief executive of the Zila Pari shad did not gathered enough svpport in its favour. There are psychological reasons as well as practical difficulties in adopting this idea. The District Officer in India is the Central government's agent in the dis­ trict to implement without fear and favour the policies of the Centreias well as,the State governments. Thus, the abolition of the office of the District Officer or its complete absorption in the local government system would mean a radical, perhaps, hazardous departure from the previous system of field administration.

So far as Aligarh District is concerned, the Collector is the head of revenue department of the district. 266

He has been empowered to sxpervise and control land records and its staff. In order to improve the condition of land management and grant rights of land to the landless and poor people, various land reform ' Acts were passed by the Uttar Pradesh Government to overcome the stagnant agricultural situation created by the alJen rule e.g., Zamindari Abolition and Land Reforms Act of 1950, Consolidation of Holding Act of 1953 and Imposi­ tion of Ceiling on the Land Holdings Act of 1960. At the top level Collector is the final authority to take decisions regarding collection of land tax.

The Collector has been empowered to grant Loans for the relief of distress on the occurrance of certain calamities like drought, flood, hail storm etc. The power of remission and suspension of loans also belongs to the Collector of the district. He has power to acquire land for public purposes like entry to canal, road, for construction of Government building, industry, hospital, for maintaining public park etc.

Apart from Land Acquisition, Collector has powers to issue Old Age Pension, to those who don't have pro­ perty or other means for their survival, preservation of historical monument if any laying in his Jurisdiction, 267

issue of licences for scientific, industrial and medical purposes, take out the government land and property in public interest which has been illegally occv^ied by the people. In city areaffshop keepers generally take possession of road side land which is illegal This possession can be stopped or removed by the order of the Collector. After going through above mentioned powers and duties of the Collector, it is clear that he has more undefined than defined functions. So far as matters of the Collectorate are concerned, the District Officer is final authority.

For the magisterial duties he has delegated power of maintenance of public peace and tranquility to the Additional District Magistrate (City), City Magistrate, Assistant City Magistrate (First), Assistant City Magis­ trate (Second) and Additional District Magistrate(Rural Areas), v^o with the help of Senior Superintendent of Police or Superintendent of Police maintain law and order in the District. Basically, district police plays an important role in maintaining of law and order. The D.M. is the head of the criminal administration of the District, and in this capacity controls and directs the action of the police. Apart from the above mentioned duties of the District Magistrate, he is the chairman of Zila Sainik Parishad. 268

In the States like Madras and Bombay, the District Magistrate's authority is well respected over the Police, but his authority over the Police in U.P. has been comparatively weaker.

The present role of the District Officer in Uttar Pradesh vis-a-vis development administration can hardly of said to be different from the rest/the country, except Maharashtra, Gujarat & A.P. According to Adhiniyam, I96I, the Zila Pari shads in Uttar Pradesh were given both supervisory and some executive functions. The District Officer is entitled to attend the meetings of Zila Pari shad and participate in discussions but has no voting right.

The various development schemes have increased the workload on the District Officer, like Rural Landless Employment Guarantee Programme ( RLEGP )» Training for Rural Youth for Self Employment (TRYSEM), Development of Women and Children in Rural Areas (EWCRA), Jawahar Rozgar Yojna (JRY) ttc. All these development programmes are now merged into Integrated Rural Development Programme in Aligarh District too as in other parts of the country. IRIP was implemented in 1980 in few blocks of the district, later on extended to all the 17 blocks of the district. 269

In order to make development meaningful and effective a separate department of development was created and all work r*elating it was referred to the AIM (Planning) who was renamed as Chief Develop­ ment Officer. He assists the Ea.strict Officer in development woric of the district. The preocci^ation of the El strict Officer with routine work implies an under utilisation of his managerial capacity which is in gi?eat demand in the field of development.

Observations:

After attainment of Independence, some structural, functional and organisational changes occured in the district administration. The aims behind these changes were not to reject completely colonial system of admi­ nistration but to meet the requirements of nevdy elected government in order to realise the hope and aspiration of the people and speed ip or rebuild shattered economy of the country.

It was expected that to achieve the basic objec­ tives of the Constitution, the district machinery would come close to the people and would act as an agent of change. Perhaps, there is no evidence to suggest that 270

distance between people and administration has narrowed down. In the past, the D.M. used to visit the rural areas on horseback and stayed there in tents to look into the problems of the people. But today he makes flying visits to the villages by Jeep for a moment.

As far as his functions are concerned his primary task, the collection of land revenue, has become Just a formality. Now only 30 percent land revenue is collected annually. It is deeply affected particularly in Uttar Pradesh because of the exemption of land hold­ ings \xp to 301/8 acre from the land tax. Thus, the income from land revenue is less than the e3q)enditure incurred on its collection and the maintenance of the establishment necessary for it. Whatever may be the drawbacks, the collection of land revenue is an indispen­ sable but is given a low priority and in the case of certain categories of land holdings it is given \3p. Moreover, a Sub-Divisional Officer using methods of coercion for realising the land revenue is liable for legal action. The Directorate of land records is functioning more vertically and most cases arising out of land revenue are transferred to the Settlement Officer (Officer related to land ceiling work). The functioning of these two officers of equal rank, the one with more 271

powers than the other affects the smooth & effective working of the district administration. The Patwari who maintains land records is suqpposed to stay twice a week at the Tahsil but he does not do so. In order to overcome this problem, land record agencies must wholly be re-organised. Sufficient strength must be provided to the Patwari for complete recovery of land revenue. To provide better knowledge to the Collector about the technical aspects of the land records a post of independent gazetted assistant may be created at the middle level. In order to boost the knowledge and efficiency of the Patwari, the educational qualifica­ tions for his selection must be raised and a system must be developed to provide him periodic in-service training. It is observed that Senior officials are normally not inclined to assume the responsibility to train and motivate their Juniors. Coordination and cohesiveness are lacking, and there is cognitive dis­ sonance at the district level. There is an urgent need to develop new norms of inspection and sipvervision.

of There is a feeling that the use/feodem techniques will improve coordination in the Collectorate. It is because structure of the Collectorate has become out­ dated, which was designed two centuries ago for an auto- 272

cratic pattern of administration and to serve the interests of the feudal lords. It needs substantial structural modifications. But the politicians and the biireaucrats in continuing game of power have neither immagination for its modernisation on demo­ cratic lines nor the will to introduce changes that make a dynamic impact on the environment of social progress. The restructuring of the Collect©rate will facilitate clear demarcation of the spheres of functions of different levels of authority and the unaltering and active operation of an \p-to-date communication system capable of forging organisational cohesion, may provide the necessary settings for coordination. Inter- sectional cooperation can be achieved more by sectional autonomy that enables in practice decentralised deci­ sion making as far as public needs are concerned. Inter- sectional relations and departmental interlinking should be so organic that the performance of the function of coordination should be a matter of automatic response.

The development goals cannot be achieved or accom­ plished unless there is satisfactory maintenance of law and order. The law and order is an important function of the IM but due to growing departmental and unwanted rivalries between the police and district authorities, 273

tremendous e^ansion of police organisation and direct responsibility of the SP to the Inspector-General of Police in controlling law and order situation has adversely affected the position and performance of the District Magistrate. the Police plays an important role in / prevention of crime and maintenance of public order. But working the under contradictory pulls and pressures/police perfoi^- mance has come ip neither to the e:

gating officer to fulfil a legal formality. In order to boost the efficiency and effectiveness of police the periodical training courses should be provided throughout their service career. But unfortunately this aspect is very much neglected. Moreover, the system of inspection by the supervisory offlcars v^lch was previously an essential part of the police depairt- ment, is now generally in disuse today, because of the pressure of work, and to some extent, because some senior officers prefer to sit and woric in their well furnished offices than visit their less fortunate suDordinate officers in the field.

of The political interference in the wcor^/police in discharging its legal duties had badly affected its image; for the effective functioning of police all such types of unwanted political interferences must be stopped.

With the separation of Judiciary from the exe­ cutive after amendment of the Criminal Procedure Code in 1974, and due to tremendous pressure of other res­ ponsibilities on the District Magistrate, he is no longer in a position to perform coordination of various components of the criminal justice system. 275

The decline in the professional standards in police is primarily due to the inability of the police to adjust to the change conditions, and to some extent due to lack of sipport from other administrative, Judicial and poli­ tical institutions in the performance of their legitimate role. The crime rate is increasing with the pace of development in society, which is a real threat to develop­ ment. The district administration should undertake inten­ sive research to find out the causes for proliferation of socio-economic offences.

The interpersonal relationship between the District Magistrate and the Superintendent of Police requires redefinition in clear and definite terms. The SP is advised to keep himself in touch with the EM and AEM(City) and remain in constant personal communication with them. Thus, the Siperintendent of Police's main function is to provide an efficient instrvonent for carrying out public policy which is directed by the Eistrict Magistrate. But the position of the SP as immediate,head of the disciplined force must be maintained and the District Magistrate is not sipposed to intervene in the internal management of the Police Force. Such interence will adversely affect the coherence and, therefore, effectiveness of the Police Foxx;e. The District Magistrate in the exercise of his power of control should avoid doing anything to weaken 276

the Eistrict Si^jerintendent of Police's authority. Minimum educational qualification of the lower level functionaries must be raised, special attention must be given to the attitude orientation training.

It has also been observed that the much needed help from the central reserve police force is not readily forthcoming vdienever required, inspite of the fact that expenditure on it is partly shared,by the states.

With the acceptance of the scheme of democratic decentralisation the task of development administration in the district has been entrusted vpon the three tier representative structure and the District Officer, as well. This has given rise to the controversy, as to vAiat should be the place of liLstrict Officer in the Panchayati Raj set up? Inspite of conflicting point of views there is a consensus that it would not be principal coordinator armed with sufficient authority. In Uttar Pradesh, the District Officer discharges development functions with the help of Chief Development Officer of the district, who in tern gets help of his staff.

The District Officer who was formerly a symbol of State power, has now become a symbol of service under the 277

new dispensation; with his administrative e^erience, he plays a dominant role in the realisation of the objectives of Panchayati Raj and rural development. He is the principal coordinator of the development programmes of the district. As the leader of the team of officials of development departments, he has to ensure that the development targets are achieved within the time frame to the general satisfaction of the people.

There was an apprehension that active involve­ ment of the District Officer in development activities may bring him in conflict with the Panchayati Raj Institutions which have been entrusted with the imple­ mentation of most of the development programmes. But, such fear has become meaningless and frivolous because latest 73rd Constitutional Amendment Act of 1993 proposed no transfer of power or functions from Panchayati Raj Institutions to the District Officer. Moreover, the pjxivision is made that he will be mainly concerned with planning, coordination, monitoring and reviewing of develop^ient programmes and not with the details and moda­ lities of their implementation. Thus, there is no ques­ tion of conflict. On the contrary, the District Officer would be in a position to actively assist the implement­ ing agencies of development programmes. 278

As the representative of the government in a district, the District Officer is e:q?ected to concern himself with all aspects of the district administration and not merely revenxae, law and order. He plays a dynamic role in respect of development programmes if he has the required initiative. In fact,he is the chair­ man of so many development committees v^iich concern themselves with virtually eyery conceivable activity in the district. All that is re qui red is a positive attitude on the part of the Efl.strict Officer and a proper manage­ ment of his time. He should undertake only such touring as necessary for monitoring and inspection of programme, which are directly concerned with the welfare of the people. In course of his village visit, the DLstrict Officer should mainly attend to the review of the work done relating to the sipply of drinking water, house sites of landless, rural electrification village roads, affore­ station, family welfare, agricultui'al programmes etc. Such visits will give him an ingjortant feedback regarding the implementation of various development programmes in the district. This feedback will enable him to discharge effectively the planning and monitoring functions in his capacity as an important person of the Ea.strict Planning Board. If the village visit of the District Officer is to be used for development goals, it will be essential to 279

relieve him of the routine revenue insipection and audit of the village records, for which it is utilised now. It may be convincing argument that nothing prevents the Ed.strict Officer from looking into the development acti­ vities \A^ile earring out the village revenue inspection. But it will be difficult for him to find adequate time to both the functions especially when the traditional emphasis of his visit is on revenue inspection. In order to find more time for the Efl.strict Officer to look into the development side the audit of the village records must invariably be left to the lower revenue functionaries.

Despite having technological advancement and the availability of sophisticated management techniques like Programme Evaluation Review Technique, Critical Path Method (PERT/CPM) and Cost Benefit Analysis, development activities constinuously suffer. Many EtLstrict Officers have no adequate data of their disposal for organising economic activities.

Further, the requisite technical and administrative skills should be provided to the local institutions. For the impartiality of the personnel, their recruitment should be done at the district or still higher level by non-political experts. The SDO and the IM should have sufficient powers to protect the personnel from victimi- 280

sation at the hands of partisan politicians. The status and emoluments of the BDO should be enhanced. An efficient ElLstrict Development Officer (DDO) of senior level should be appointed to assist the D.M. in develop­ ment work. Likewise, the Village Panchayat is mostly a one man show and the man himself lacks in technical and financial skills important for carrying out his respon­ sibilities. It is suggested that non-official agencies involved in rural development could be provided orienta­ tion courses.

Moreover, to make district administration workable there must be a clearly visible and sufficiently well known line of authority and command. The citizen must knowas,tDwhom he has to contact to obtain direction, clearance of redress of grievances. The citizen must also know the ipward links to which he may put his grie­ vances in case of disappointed, rebuffed or merely tormented by the District authorities and for that the procedure must be simplified.

The system of accountability and control keeps administration i^Dto the mark or prevents it from becoming a disorderlyness. Accountability creates sense of res­ ponsibility in the mind of administrator towards their 261

duties, thus, brings harmony in the functioning of administration. In this connection, the judgement of the Sipreme Court on Nov. 17, 1993, while dismissing appeals of the Lucknow Development Authority, has made public servants personally accountable for their inaction and ruled that they have to pay damages if found guilty of causing harassment and mental agony to any person while discharging their public duty. It was also proposed in Judgement that authority and power exercised by public functionaries has many dimensions. It has undergone tremendous change with the passage of time and changes in socio-economic outlook. So, the authority has to act to serve general welfare and common good. Thus, public servants will no longer deceive people in the name of administrative discretion.

But, only accountability of public servant cannot produce fruitful results unless there is clear definition of objectives, of targets and of methods for district administration by the government. Here a great drawback with the functioning of administration is that there are no hard and fast rules for distinction of function between politicians and administrators. The Ministry of Home Affairs can play an important role by redefining the role of the District Officer so that he can faithfully discharge 282

his duties and obligations relating to law and order, as well as development.

It is generally felt that irrespective of the pattern on district administration he is overburdened with functions and over armed with powers vrtiich he can hardly exercise in mounting political pressures and capricious social sensitivities.

The pressures prevailing over the district admi­ nistration are of many kinds, such as, pressures arising from the erosion of power and the distribution of res­ ponsibility, political pressures, social pressures, pr-e- Gsures in regard to according priority, pressures brought about by interface problems etc. It is obvious that pressures are nonnal features of a democratic society and district administration has to exist with them. It has not only to be responsive to the various demands of the people but also has to be accomodative enough to admit social grovps, political parties and other organised bodies for the purpose of entertaining their appeals and representations either on their behalf or on behalf of their clientele, sipportors, or helpseekers.

But, the District Magistrate has a very tough time when there are excessive pressures on the administration. 283

Verbal instructions from the political levels to the District Officer are frequent. Most of these instruc­ tions are negative in character and inadequate.

In tJie present scanarLo the District Magistrate is becon- ing increasingly ineffective paradoxically because he has been over-anned with powers and over-loaded with functions, but constraints of time overv^elm his freedom of action. During the British period he was rightly made the representative of the government but now he, infact/is only a convenient instrument of the political executive, less resistant and mor« obedient than an elected district council and its president. He is the only bureaucrat groomed to function in a democratic context and it is because of his protective existence, the svjperstructure of Indian democracy is without a strong substructure.

Further, there is a necessity to reduce the size of the districts, in order to decrease work load of the district administration. It requires new structural and functional changes. There should be territorial re-organisation of the districts. 284

/fere

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JOURNALS AND NEVS PAPERS

1. Kurukshetra, Monthly, New Delhi.

2. Banker, Monthly, New Delhi.

3. Rural India, Monthly, Bombay.

4. Yojna, Fortnightly, Delhi.

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26.. Wijeweera, B.S.i Some Reflections on Current Administra­ tive Reforms in the District Administration, Journal of Development Administration, 4:1, May, 1974. ABBREVIATIONS

1. DC Divisional Commissioner 2. CAG Comptroller and Auditor General 3. m District Magistrate k. km Additional District Magistrate 5. SCO Sub-Divisional Officer 6. IG Inspect©i^General of Police 7. DIG Deputy Inspector-General of Police 8. SSP Senior Superintendent of Police 9. SP Sqperintendent of Police 10. CO Circle Officer 11. SI Sub-Inspector 12. CEO Chief Development Officer 13. BDO Block Development Officer

14. VLW Village Level Woricer 15. CIP Community Development Programme 16. PRI Panchayati Raj Institutions 17. DDC District Development Council 18. IRIP Integrated Rural Development Programme 19. WLk District Rural Development Agency