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A PROJECT

ON

Power, Function & Duties of


Collector under C.G. Land Revenue
Code, 1959

PROJECT SUBMITTED TO: PROJECT


SUBMITTED BY :
Ms. APARAJITA DAS SHUBHANKAR THAKUR
(FACULTY- LAND LAWS) SEMESTER- VIII

ROLL NO.: 149


SEC.-C
(B.A., L.L.B (Hons.)

(DATE OF SUBMISSION- 15/02/2017)

HIDAYATULLAH NATIONAL LAW UNIVERSITY


UPARWARA, NEW RAIPUR (C.G.)

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CERTIFICATE OF DECLARATION

The researcher hereby declares that the project work entitled Power, Function & Duties of
Collector submitted to Hidayatullah National Law University, Raipur, is a record of an
original work done by the researcher under the guidance of Ms. Aparajita Das, faculty
member of Land Laws, Hidayatullah National Law University Raipur.
The research done by the researcher is his own original work and wherever excerpts from the
works of different authors have been taken, they have been duly acknowledged.

Declared By:

Shubhankar thakur
Roll No. 149
Section-C
Semester- VIII
B.A., L.L.B (Hons.)

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TABLE OF CONTENTS

Research Methodology.......................................................................................4
Objectives of the study...........................................................................4
Introduction...5
Provisions relating to Powers and Functions of Collector.6
Conclusion..11
Reference....................................................................................................................12

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RESEARCH METHODOLOGY

This research is descriptive and analytical in nature. Secondary and electronic resources have
been largely used to gather information and data about the topic.

Books and other reference as guided by the faculty have been primarily helpful in giving this
project a firm structure. Websites, dictionaries, articles and cases have also been referred.

OBJECTIVES OF THE STUDY

This project seeks to give a brief idea about the powers and functions of Collector. Following
are the objectives of the given project report:

To discuss the various provisions under which Collector perform its duties;

To discuss various powers derived in the hands of Collector under the Code, 1959 ;

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INTRODUCTION

The Collector is the head of the district administration and in so far as the need and
exigencies of the district administration are concerned, he is expected to supervise the
working of other departments also. The Collector is the custodian of Government property in
land (including trees and water wherever situated) and at the same time the guardian of the
interests of members of the public in land in so far as the interests of Government in land
have been conceded to them.

The collection of land-revenue rests with Collector who has to see that the revenue dues are
recovered punctually every year and with the minimum of coercion and that the collections
are properly credited and accounted. There are various other powers on the hands of a
Collector which have been discussed in this Project. Provisions which give powers and duties
to the Collector under the Code, 1959 have been discussed with case laws.

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Provision under the Code, 1959

As per Section 16 The State Government shall appoint in each district a Collector who shall
exercise their powers and discharge the duties conferred and imposed on a Collector under
this Code or any enactment for the time being in force.

The Collector is the head of the district administration and in so far as the need and
exigencies of the district administration are concerned, he is expected to supervise the
working of other departments also. The Collector is the custodian of Government property in
land (including trees and water wherever situated) and at the same time the guardian of the
interests of members of the public in land in so far as the interests of Government in land
have been conceded to them. All land, wherever situated, whether applied to agricultural or
other purposes is liable to payment of land revenue except in so far as it may be expressly
exempted by a special contract. Such land revenue is of three kinds, viz., agricultural
assessment, non-agricultural assessment and miscellaneous. The Collector's duties are in
respect of (1) fixation, (2) collection, and (3) accounting of all such land revenue.

The assessment is fixed on each piece of land roughly in proportion to its productivity. The
assessment is revised every 30 years tahsil by tahsil. A revision survey and settlement is
carried out by the Land Records Department, before a revision is made and the Collector is
expected to review the settlement report with great care and caution. The assessment is
usually guaranteed against increase for a period of 30 years. Government, however, grant
suspensions and remissions in bad seasons and the determination of the amount of these
suspensions and remissions is in the hands of the Collector.

As regards non-agricultural assessment it can be altered when agriculturally assessed land is


used for non-agricultural purposes. In the same way unassessed land used for a non-
agricultural purpose is assessed at non-agricultural rates. All this has to be done by the
Collector according to the provisions of the rules under the Madhya Pradesh Land Revenue
Code, 1954. Miscellaneous land revenue also has to be fixed by the Collector according to
the circumstances of each case when Government land is temporarily leased. It is also
realised by sale of earth, stones, usufruct of trees, revenue fines, etc.

The collection of land-revenue rests with Collector who has to see that the revenue dues are
recovered punctually every year and with the minimum of coercion and that the collections

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are properly credited and accounted for in the branch of the wasul-baki-navis, both at the
tahsil level and the district level. However the work of actual collection of land revenue is
done by the Assistant Gram Sevaks under the control of the Zilla Parishad. [The work of
collection of land revenue has again been transferred to the Government in the state sector
and hence is supervised by the collector.

Functions of a Collector under the Act.

Firstly, as per Section 11, there it is mentioned that along with the Collector, there shall be
Additional Collector under whose supervision Settlement Officer, Sub-Divisional Officers
and Assistant Collector will exercise their powers and discharge the duties conferred and
imposed under the Code. Also there will be a Joint Collector along with Deputy Collector.

Section 17(1) of the Code states that the State Government may appoint one or more
Additional Collector in a district and, (2) says that that Additional Collector shall exercise the
power and discharge such duties which is conferred and imposed on a Collector under this
Code or under any other enactment for the time being in force, and in such a case The State
Government may notify by a general order or the Collector of the district may, subject to any
general or special restrictions imposed by the State Government, may notify by an order in
writing.

(3) any rule made under this Code or any such enactment shall apply to the additional
Collector, when exercising any powers any discharging any duties as if he were the Collector
of the district described under sub-section (2).

According to Section 12 (3) it says that unless the State Government directs, all Revenue
Officers in a district shall be sub-ordinate to the Collector.

According to Section 18 which states the powers of Assistant Collector, Joint Collector and
Deputy Collectors who shall exercise powers which the State Government may direst by
notification and such Officers will be appointed by the State Government for each district.

According to Section 19 which says that the State Government may appoint one or more
Additional Tahsildars in a tahsil and they shall exercise such power and discharge such duties
conferred or imposed on a Tahsildar under this Code or by any enactment for the time being
in force and as the Collector of the district may order in writing.

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According to Section 22(1)- The Collector may place one or more Assistant Collectors or
Joint Collector or Deputy Collector in-charge of a sub-division of a district or two or more
sub-division of a district.

(2) Such Assistant Collector or Joint Collector or Deputy Collector shall be called as a Sub-
Divisional Officer and shall exercise the powers of a Collector as the State Government may
direct by notification.

According to Section 23 which says that unless the Collector directs, every Revenue Officer
in a Sub-Division shall be sub-ordinate to the Sub-Divisional Officer and a Naib Tehsildar in
a tahsil shall be sub-ordinate to the Tahsildar.

In Sandeep Shukla Vs State of Chhattisgarh & Ors1, Chhattisgarh High Court held that the
power to be exercised under Sections 23(1), 28(2), 31, 33 `A' and certain other Sections has
been conferred exclusively on Collector, whereas the power to be exercised under Section
25(2), 33, 32(1) amongst several other Sections has been conferred concurrently on Collector
as well as Additional Collector. This has been consciously and deliberately done by the
Government. If the Government wanted the word `Collector' to mean Additional Collector
also, there was absolutely no necessity to mention the word `Additional Collector' in Entries
12, 17, 18, 20, 24(2), 25(2), 26(2), 27, 28(2), 29(1), 32(2), 33(1), and (2), 34(2), 36(2), 37(1),
39(2), 41(1) and 44(2), because, in that case `Collector' would also mean `Additional
Collector'. Therefore, the power under Section 28(2) ought to have been exercised only by the
Collector and not by the Additional Collector."

According to Section 30 which talks about the Power of the Collector and Sub-Divisional
Officer to transfer cases to and from sub-ordinate.-(1) A Collector, a Sub-Divisional Officer
may make over any case for decision from his own file to any Revenue Officer sub-ordinate
to him and competent to decide such case, or may withdraw any case from any such Revenue
Officer and may deal with such case or refer the same for disposal to any other Revenue
Officer sub-ordinate to hum and competent to decide such case or classes of cases arising
under the provisions of this Code.

(2) A Collector, a Sub-Divisional Officer, or a Tahsildar may make inquiry and report any
case arising under this Code or any other enactment for the time being in force from his own
file to any Revenue Officer subordinate to him.
1 2012(3)MPJR-CG58

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According to Section 44(b) which states that if order is passed by the Sub-Divisional
Officer, whether or not invested with the powers of the Collector then an appeal shall lie to
the Collector from every original order under this Code.

According to Section 50 which states the Revision Power to Revenue Officers. Its states
that the Board or the Commissioner or the Collector or the Settlement Officer may at any
time on his motion or on the application made by any party for the purpose of satisfying
himself as to legality of any order passed by any Revenue Officer subordinate to him call for,
and examine the record of any case pending before, or disposed of by such office, and may
pass such order as he thinks fit.

According to Section 57 (1) All lands belong to the State Government and it is hereby
declared that all such lands, including Standing and flowing water, mines, quarries, minerals
and forests reserved or not, and all rights in the sub-soil of any land are the property of the
State Government.

(2) Where a dispute arises between the State Government and any person in respect of any
right under sub-section (1) such disputes shall be decided by the Collector.

According to Section 86. Power of Collector to complete unfinished proceedings. - Where


the settlement operations are closed all applications and proceedings then pending before the
Settlement Officer shall be transferred to the Collector who shall have the powers of a
Settlement Officer for their disposal.

According to Section 90. Power of Collector during term of Settlement etc- After the
closure of the revenue survey and during the term of a settlement, the Collector, shall, 56
when so directed by the State Government, exercise the powers of a Settlement Officer under
Sections 68, 69, 70, 72 and 73.

According to Section 93. Powers of Collector to divide lands into plot numbers- Subject to
rules made under this Code, the Collector may

(a) divide the lands in an urban area into plot numbers; and

(b) recognize existing survey numbers as plot numbers, reconstitute plot numbers or form
new plot numbers.

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According to Section 94. Powers of Collector to re-number or sub-divide plot numbers.
(1) The Collector may either re-number or sub-divide plot numbers into as many subdivisions
as may be required in view of the acquisition of rights in land or for any other reason.

(2) The division of plot numbers into sub-divisions and the apportion- ment of the assessment
of the plot number amongst the sub-divisions shall be carried out 58 in accordance with rules
made under this Code and such rules may provide limits either of area or of land revenue or
rent, as the case may be, or both in any local area, below which no sub-division shall be
recognised Provided that the total amount of assessment of any plot number shall not be
enhanced during the term of settlement unless such assessment is liable to alteration under the
provisions of this Code.

According to Section 98. Fixation of standard rates of assessment.- The Collector shall keep
a record in accordance with the rules made under this Code of all registered sales and leases
of lands in the different blocks in urban areas in respect of land held for each of the purpose
mentioned in sub- section (1) of section 59. Case under this section is M/S. Raj Homes Pvt.
Ltd. & Ors. Vs. State of M.P. & Ors2.

Some other Duties of Collector

Under Rule 4(2) of the Code, 1959 provides for gram panchayat or gram sabha to pass a resolution to
the effect that gram sabha is to be formed for the below mentioned areas or an application can be
made to the prescribed authority. As per notification dated 23.02.1999 Collector of the concerned
revenue district is the prescribed authority.

(a) A village or group of villages:

(b) A hamlet or group of hamlets which included mohalla, majra, tola or para etc and

(c) Habitation or group of habitations

Insertion of (1-a) in section 90 (1) CPRA(Chhattisgarh Panchayat Raj Adhiniyam), 1993 (1-a) In
event of any dispute arising between two or more Gram Sabha in scheduled area, the dispute would be
resolved jointly by the Gram Sabha or by mutual consultation. If the Gram Sabhas are not able to
resolve the dispute jointly then the dispute may be referred to the Collector or any other competent
authority as may prescribed by the state government and the decision of the state government thereto
shall be final.

2 [2008] INSC 1437

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CONCLUSION

From this project, I come to the conclusion and learned that Collector gets appointed by the
State Government and he shall exercise their powers and discharge the duties conferred and
imposed on a Collector under this Code or any enactment for the time being in force. The
Collector is the head of the district administration and he is expected to supervise the working
of other departments also. The Collector is the custodian of Government property in land
(including trees and water wherever situated) and at the same time the guardian of the
interests of members of the public in land. The collection of land-revenue rests with Collector
who has to see that the revenue dues are recovered punctually every year and with the
minimum of coercion and that the collections are properly credited and accounted. The
Collector is expected to review the settlement report with great care and caution. Also along
with the Collector, there shall be Additional Collector under whose supervision Settlement
Officer, Sub-Divisional Officers and Assistant Collector will exercise their powers and
discharge the duties conferred and imposed under the Code. Also there will be a Joint
Collector along with Deputy Collector according to section 11 of the Code.

As per section 86 Where the settlement operations are closed all applications and proceedings
then pending before the Settlement Officer shall be transferred to the Collector who shall
have the powers of a Settlement Officer for their disposal.

Under Section 93 Powers of Collector to divide lands into plot numbers- Subject to rules
made under this Code, the Collector may

(a) divide the lands in an urban area into plot numbers; and

(b) recognize existing survey numbers as plot numbers, reconstitute plot numbers or form
new plot numbers.

Reference

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http://www.advocatekhoj.com/library/judgments/index.php?go=2008/august/168.php
http://www.panchayatgyan.gov.in/documents/30336/0/10.+PESA+IN+CHHATTISGARH-
ELDF-15.10.14.pdf/49d8ec80-30a1-42d7-912f-28d62bfcae14
https://indiankanoon.org/docfragment/131537122/?formInput=chhattisgarh%20land
%20revenue%20code%20%20%20%20doctypes%3A%20chattisgarh
http://www.mprevenue.nic.in/documents/475863/13372292/Act_MPLRC_1959_0020_Pdf_F
95_English.pdf

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