land administration part i

Dr. D Sajith Babu, Nodal Officer, National Centre for Land Governance

Land Revenue Administration and Land Acquisition

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IAS induction Training Programme at IMG, Trivandrum on 10.09.2015

History of land revenue administration

• History of revenue administration had originally been the administration of land only, as taxes from land was the only means of revenue to the sovereign

• History of administration of any land starts with the surveying and settlement of land even in the modern era

• Land revenue being the only item of revenue in olden days either in the form of cash or kind, periodic survey and settlement has been considered one of the prime functions of any Government

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• Origin of cadastral survey and settlement in India is traced back to 985 -1011 AD during the period of Raja Raja Chola I of Thanjavore, Tamilnadu

• The first scientific survey and settlement in India is attributed to the period of Moghuls during the administration of Raja Todar Mal as the Finance Minister of Akbar the Great in 1560 AD

• Raja Todar Mal pioneered the Patwari system which is still being practiced in the Indian Subcontinent, improved later by the British.

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• As the taxation was purely based on yield of the crop and not the extent of land cultivated, Raja Todar Mal took a careful survey of crop yields and prices of the produce over 10 year period to fix the bench mark for collection of taxes.

• The unit of measurement was bigha. On this basis, the tax was fixed on each crop to be paid in cash. The entire province was divided into revenue circles for this purpose with different rates of tax.

• The survey based taxation system was followed in Mughal controlled areas in its letter and spirit till the period of Aurangazeb [1658-1707] but the system failed miserably after that.

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History of land revenue administration• After the Battle of Buxar, the prime victim, Shah Alam II, signed

the Treaty of Allahabad on 16.08.1765, which secured Diwani Rights for the English East India Company to collect and manage the revenues of almost 100,000,000 acres (400,000 km2) of real estate, which form parts of the modern states of Bengal, Odisha, Bihar, Jharkhand and Uttar Pradesh.

• Lord Clive appointed James Rennel as the first Surveyor General of India to have a detailed assessment under their jurisdiction, the Company started the “Survey of India” in a small way in 1767 in Bengal Presidency. The company failed in the process and in 1772 the British Government took over the function of survey and collecting tax, by employing “Collectors”. During the period of Warren Hastings the administrative machinery for the collection of taxes on land was laid down in a somewhat organized manner

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• During the period the tenures like Zamindari, Ryotwari and Mahalwari systems were in practice in British India.

• IN Travancore as per the Revenue settlement proclamation of 24.02.1886, for the first time in the history of the region, cents and acres were introduced as units of measurement of area in the survey process and the types of tenures were fixed as either [1] Sirkar or Poromboke and [2] Freehold or Jenm only.

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History of land revenue administrationZamindari System• Zamindari System was introduced by Cornwallis in 1793 AD through

Permanent Settlement Act.• It was introduced in provinces of Bengal, Bihar, Orissa and Varanasi.• Also known as Permanent Settlement System.• Zamindars were recognized as owner of the lands. Zamindars were

given the rights to collect the rent from the peasants.• The realized amount would be divided into 11 parts. 1/11 of the share

belongs to Zamindars and 10/11 of the share belongs to East India Company.

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History of land revenue administrationRyotwari System• Ryotwari System was introduced by Thomas Munro in 1820 AD.• Major areas of introduction include Madras, Bombay, parts of Assam

and Coorg provinces of British India.• In Ryotwari System the ownership rights were handed over to the

peasants. • British Government collected taxes directly from the peasants.• The revenue rates of Ryotwari System were 50% where the lands

were dry and 60% in irrigated land.

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History of land revenue administrationMahalwari System• Mahalwari system was introduced in 1833 AD during the period of

William Bentick.• It was introduced in Central Province, North-West Frontier, Agra,

Punjab, Gangetic Valley etc of British India.• The Mahalwari system had many provisions of both the Zamindari

System and Ryotwari System.• In this system, the land was divided into Mahals and each Mahal

comprises one or more villages.• Ownership rights were vested with the peasants.• The villages committee was held responsible for collection of the

taxes.

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Extract of VIIth Schedule of Indian Constitution

Name of the list

Number in the list

Description in the list

Union list 88Duties in respect of succession to property other than agricultural land

State list

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Land, that is to say, rights over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization

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Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues

49 Taxes on lands and buildingsConcurrent

list 6Transfer of property other than agricultural land; registration of deeds and documents

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“Jigsaw Puzzle”

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Doctrines of Eminent Domain & Public Trust

Rights of the “presumptive” title holder

• Right to hold or possess the land solely or jointly• Right to peacefully enjoy or use without causing injury to others• Right to dictate use terms with tenants, share croppers, lessees etc.• Right to expel the unauthorized from the premises• Right to derive benefits• Right to make improvements above and below ground after obtaining

required permission from appropriate Government/Department[s]• Rights of residual nature• Right to alienate/sell temporarily or permanently and/or full or partial• Right to inherit the rights• Right to avert exploitation of land• Right to extract surface and sub surface minerals after obtaining required

permission from appropriate Government/Department[s]• Right to extract underground and surface water etc. after obtaining required

permission from appropriate Government/Department[s]

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Rights of the Government on private lands• Right of royalty for minerals which are present subjacent to the land• Right of resuming the land back to the Government if the land is abandoned or

escheated or used for any other purpose other than for which it was assigned on registry or lease.

• Right of attaching the property if the dues to Government are not paid in time• Right of granting or rejecting permits and licenses; if any activity other than

original activity for which the land is assigned is undertaken at the assigned site

• Right of Government on all hidden items below/above ground which value more than Rs.25.

• Right on every trees for which the tree value is not paid by the assignee at the time of assignment.

• Rights over every royal tree like Teak, Blackwood, Ebony and Sandalwood growing in private lands which has a girth of more than 90 cm at the chest height.

• Right of entering the premises without permission for the purpose of survey and demarcation of the adjoining lands.

• Right of use for laying waterlines, gas lines, electricity lines etc. for the interest of public at large.

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Types of “interests” on land

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Efforts under NLRMP The States failed to recognize the Record of Right [RoR] as a valid

document for proving the “right” over the land by making appropriate changes in the existing land related laws or bringing in a new law exclusively for the concerned State. This can be done only by the States as per the VIIth Schedule of Constitution of India

Another impediment was the issue connected with the Registration Act, 1908 which does not impose production of RoR by the seller, as a mandatory document for effecting registration of properties in buyer’s name. This could have been done by Government of India as the same is a Central Act

Production of authenticated maps / sketches along with the documents for registration of properties has not been made mandatory through appropriate amendments in the Registration Act, 1908

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Efforts under NLRMP The mutation / transfer of registry laws in various States does not

provide any provision for bringing in automatic online mutation / transfer of registry subsequent to registration of deeds as per the provisions of Registration Act, 1908. Interestingly some States even lack well laid down laws which ensures a perfect transfer of registry / mutation subsequent to execution of documents under Registration Act, 1908.

The lack of genuine land records and heterogeneity of its maintenance and management in various States, due to lack of common standards was another problem. Land being State subject as per the Constitution Government of India it became imperative on the part of Union Government to remain in an advisor’s role.

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ISSUES CONNECTED WITH

LAND REVENUE ADMINISTRATION – A KERALA EXPERIENCE

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Genesis of land administrationState of Kerala was formed on 01.11.1956 as per The States

Re-organization Act, 1956 Act No. 37 of 1956 [31st August, 1956] by unification of Travancore, Cochin & Malabar regions

At the time of unification, the Travancore State had 760 sub tenures under 7 major tenures and situation was more or less the same in Cochin & Malabar

The “Homestead” type of settlements flourished since early times in Kerala owing to;

a. Rich and diversified soil typesb. Salubrious climate for healthy livingc. Natural barriers ensures protection from invasions and

attacksd. Patrilineal joint family system and non- partible

inheritance

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Genesis of land administration [Contd…]

“Protection charges” to local chieftains was the only type of payment to outside the homesteads

With Aryanisation the entire land came under three major tenures;

a. Brahmaswomb. Devaswomc. Lands with sirkar/sovereign

Only the lands under “c” were assessed with taxes on land by the Government

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Modern day land administration on “Revenue” perspective The unparallel hierarchical structure

Separate administrative mechanisms for registration and revenue

Non existence of agricultural and non-agricultural area demarcation

Non existence of “Rights” granting regulations

Dual tax collection on same piece of land

Non existence of regulations to accommodate flats in the revenue records

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Modern day land administration on “survey” perspective

• Confusion about the extent of cadastral limit

• Confusion about the tenures and types of

land

• Confusion about the priority

• Confusion about the instruments and methodology

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Modern day land administration on “Registration “ perspective

• Sn.21. Description of property and maps or plans:(1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same [Registration Act, 1908]

• Title investigation shall be done by the Document Writer [Rule 3(1), Document writer’s license Rules, 1960]

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Conclusive title Vs Presumptive title• The possession of the claimant should be unfettered for at

least 12 years in the case of private lands and 30 years for Government lands as per the Limitation Act, 1963 and/or

• The easement if any should harness the peaceful and beneficial enjoyment of an existing property of the claimant as per the Indian Easement Act, 1882 and/or

• The possession supported by a valid document under the Registration Act, 1908 and the conveyed property should be in tune with the provisions in Transfer of Property Act, 1882 especially in proving the seller and buyer credentials between each other and before the registering authority and/or

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Conclusive title Vs Presumptive title [Contd…]• Any document prescribed by the State law to declare the

right on the land in question viz. Record of Right, Patta, Pattayam, Purchase Certificate, Deed of Grant, Record of Right under FRA etc. and/or

• A title granting document as per titling laws likely to be formulated by the individual States in line with the Model Land Titling Bill [Draft] issued by Government of India in 2011.

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THE LAND SETTLEMENT AUTHORITIES ACT, 2015( ----- of 2015)

An Act to constitute land settlement authorities to provide “freehold” enjoyment of landed properties within the jurisdiction of the State and settling land related disputes with the Government to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to ensure systems

that promotes justice on a basis of equal opportunity.

Chapter I

Preliminary

Short title, extent and commencement; (1) This Act may be called the Land Settlement Authorities Act,

2015(2) It extends to the whole of the State (3) It shall come into force on such date of notification in the Gazette by the State Government

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Thank you

Dr.D Sajith BabuNational Centre for Land Governance, Institute of Management in Government, Government of Kerala, Trivandrum – 695 [email protected]

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land administration part i

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