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Project Report series FR II Functional Review of Maharashtra State Departments A step towards good governance DETAILED REPORT Revenue Department Prepared for YASHADA by Shri Sudhakarrao Joshi IAS Retd Edited by Project Management Team and Principal Consultant Research and Documentation Centre YASHADA Funded by the Ford Foundation YASHADA Team Ratnakar Gaikwad IAS Director General Dr
Project Report series FR II, Functional Review of Maharashtra State Departments. A step towards good governance,DETAILED REPORT,Revenue Department. Prepared for YASHADA by,Shri Sudhakarrao Joshi IAS Retd. Project Management Team and Principal Consultant,Research and Documentation Centre YASHADA. Funded by the Ford Foundation,Project Report series FR II. TEAM FOR THE FUNCTIONAL REVIEW PROJECT,Principal Consultant. Dr Nitin Kareer IAS,Consultants for the project,U C Sarangi IAS. Agriculture Department,YASHADA Team J Y Umranikar IPS. Home Department,Ratnakar Gaikwad IAS,Director General Dr Ram Kharche. Cooperation Department,Dr K S Nair Sudhakarrao Joshi IAS Retd. Deputy Director General Research Revenue Department. R S Surve IAS Retd,Kishori Gadre Rural Development Department. Additional Director ATI,Dr M A Ghare,Water Conservation Water Supply. Sumedh Gurjar Department,Additional Director RDC,Dr Sudhir Bhongale. Irrigation Department,Nidhi Malik,Project Coordinator Dr Robin D Tribhuwan. Tribal Welfare Department,Ruma Bavikar,Social Justice Women Child Welfare. Department,Meher Gadekar,Primary Education Department. Dr R K Mahuli,Animal Husbandry Dairy and Fisheries. Department, I am very delighted to present the Detailed Reports on the Functional Review of State. Departments of the Government of Maharashtra Hitherto occasional reviews have been. carried out by specially constituted commissions and committees of which the most. recent and noteworthy are the Reports of Good Governance Committee 2000 and. Administrative Reforms Committee 2002 The point of departure for the present study is. the landmark recommendations made by Administrative Reform Committee which. emphasized on the need for Functional Review of the State Departments The committee. also specified YASHADA as the competent and apt agency for conducting such a review. It was a great challenge and moral obligation to stand up to the trust placed on YASHADA. by the Committee The task was complex multidisciplinary and stupendous A lack of. clear methodological precedence and background studies made it more difficult The. present eleven Detailed Functional Review Reports are a joint effort of the Core Project. Management Team in the Research and Documentation Centre YASHADA Chief. Consultant Shri Nitin Kareer IAS and a panel of specialists in various spheres of. governance The Departments were classified into policy departments regulatory. departments development and support departments service delivery departments and. social issues departments These eleven Detailed Department Reports along with the. overall summary report will help in formulating the overall governance and policy strategy. for the Government of Maharashtra, Ford Foundation New Delhi has supported the entire project process generously from its. conceptualization till its completion The Foundation has been considerate enough to. understand the project process as it evolved overlooking various restraining factors and. mid course corrections during the project progress. The Project Team at Research and Documentation Centre YASHADA comprising of Dr. K S Nair Deputy Director General Research Sumedh Gurjar Addl Director RDC. Kishori Gadre Addl Director ATI and Nidhi Malik Project Coordinator has been able to. formulate a clear cut stage wise methodology for Functional Review of State Departments. Stage I involved study of the literature review of legislative policies and Acts through. PEST Analysis that provide the basic framework for the department s existence The. identification of purpose of existence of department Vision mission listing of the. department s functions study of organisational structures role function correlation and. structure function analysis was done in Stage II Vision and Mission of the departments. was formulated through participative process involving the stakeholders Stage III involved. the functional analysis of the department with identification of the core repetitive. redundant and new functions of the Department Stage V focused towards field study and. Stage VI formed overall recommendations The study has specific recommendations for. improved systems and work methods systems for resource allocations performance. measure and monitoring training capacity building futuristic perspectives for the state. level departments The project aims to look at the departments from the point of view of. being able to perform the assigned functions in the best manner possible This has been. achieved though specific recommendations on rightsizing outsourcing and e governance. YASHADA has in fact been able to define and make operational the review process. methodology and framework which is generic in nature for taking the functional review. project forward The functional review framework can be adapted for other departments. given the fact that the functional review of the state departments is essentially a. continuous process which cannot be truly complete at any stage and in this sense any. contribution towards this process however small or big it may be is significant in its own. right The framework is actually a springboard for promoting the concept of Good. Governance as a whole, The functional review project is first of its kind in Maharashtra with the earlier reports. focusing more on the wider concept of good governance and its implications on the overall. Government machinery Hence conceptually these reports are the first concrete effort. made at this scale to evolve leaner and more focused Government departments As such. the study did not have much to fall back upon in theoretic sense and should be treated as. a stepping stone towards reforms in State Government departments As it stands the. department wise reports perhaps raise more questions than they answer But that is. precisely the purpose We are confident that the issues raised by the report will inspire. more such research in future, As the policy arm and the apex training institute of the Government of Maharashtra we. hope that the recommendations put forward by YASHADA for various departments are. considered and implemented by the concerned departments of the Government of. Maharashtra,Ratnakar Gaikwad IAS,Director General YASHADA. Acknowledgements, The Functional Review Report is a result of the generous financial backing extended by. the Ford Foundation New Delhi Our first thanks go to Shri Bishnu Mohapatra and his. team from the Foundation, The initiative taken by the Government of Maharashtra in terms of appointment of. YASHADA along with a Chief Consultant facilitated a smooth launching of the project The. then Chief Secretary Shri Ajit Nimbalkar IAS took active interest in this aspect. The Chief Consultant Shri Nitin Kareer IAS provided active support and guidance. throughout the execution of the project His vast experience and deep insight in the field of. public administration proved valuable in steering the project in the right direction. Our eminent Consultants have made the key contribution of formulating detailed reports. on individual departments These include Shri Sudhakarrao Joshi IAS Retd Revenue. Department Dr Ram Kharche Co operation Department Smt Ruma Bavikar. Departments of Social Justice and Women Child Development Dr M A Ghare. Departments of Water Conservation and Water Supply Dr R K Mahuli Animal. Husbandry Department Dr Robin D Tribhuwan Tribal Development Department Shri. R S Surve IAS Retd Rural Development Department Shri U C Sarangi IAS Agriculture. Department Shri J Y Umranikar IPS Police Department and Shri Meher Gadekar. Primary Education Department Also our thanks to other people associated with the. project including Shri Sudhir Bhongale Irrigation Department Capt Deshpande IAS. Retd Dr Bharat Bhushan Employment and Self Employment Department Prof Pradeep. Apte and Smt Bhushana Karnadikar GAD PD and FD Department. This exercise would not have been possible without active co operation of the officials and. staff of the departments reviewed The nodal officers appointed in each of these. departments deserve a special mention They helped in facilitating departmental interface. with the consultants and providing an insider s view of the concerned department These. include Shri Ramakant Asmar Jt Secretary Revenue Department Shri Y D Khavale. Jt Secretary Cooperation Department Smt V A Parkar Dy Secretary Social Justice. Department Shri C B Turkar Dy Secretary Women and Child Development. Department Shri Ulhas Bhoite Dy Secretary Water Conservation and Water Supply. Department Shri S N Dhakate Dy Secretary Animal Husbandry Department Shri S. N Dhakate Dy Secretary Tribal Development Department Shri Patinge Dy Secretary. Rural Development Department Shri M C Gokhale Dy Secretary Agriculture. Department Shri Harshadeep Kamble Dy Secretary Police Department Shri G D. Kokane Jt Secretary Primary Education Department Shri A K Tiwari Jt Secretary. General Administration Department Shri P A Mahindrakar Deputy Secretary Finance. Department Shri K M Pawar Jt Secretary Planning Department and Shri C B Ghadi. Deputy Secretary Employment and Self Employment Department. Members of YASHADA faculty who have made significant contributions as departmental. co ordinators include Shri Mukund Rathi Shri P S Wankhede Shri Vijay Suryawanshi. Shri R L Chavan Shri R P Pawar Shri S G Waidande Shri Yashwant Shitole Dr. D B Rane Smt Jayashree Tadelkar and Smt Kishori Gadre. Finally we are thankful to all those who directly or indirectly contributed to this important. Prof K S Nair, Deputy Director General Research Project Management Team. Functional Review of the Revenue Department,Government of Maharashtra. Table of Contents,ACKNOWLEDGEMENTS,EXECUTIVE SUMMARY. CHAPTER I 1,HISTORY AND POLICY REVIEW OF THE COLLECTORATE 1. Introduction 1,Earlier Studies 8,The Task Ahead 27. CHAPTER II 30,VISION MISSION AND STRUCTURE OF THE DEPARTMENT 30. Functions of the Collectorate 30,The Organogram of the Department 31. The Vision Statement 34,The Mission Statement 34,CHAPTER III 35. FUNCTIONAL ANALYSIS 35,Core Functions 35,The Evolution of the System 35. The History of Occupancy 39,The Record of Rights 42. The Land Registration System 46, A New Approach A New Methodology A New Record of Rights 50. The Gaothan Survey 60,Financial Structure 62,Village Development Plan 62. Land Tenures 64, The Assessment of Un assessed Sites in Urban Areas 70. The Zudpi Jungle and the Forest Conservation Act 1980 71. Maintenance of Law and Order 72,Additional Functions 74. Sub Divisional Officer for One or Two Talukas 76,Naib Tahsildars In charge of Revenue Circles 76. Revenue Case Work 77,Revenue Court Manual 79,Information Technology 81. Need for a Significant Thrust 82,Right to Information 83. Human Rights 83,In House Council 84,Article 309 of the Constitution of India 85. Revival the Office of Revenue Patel 87,Establishment of the Board of Revenue 91. Other Functions of the Revenue Department 91,Summary 93. CHAPTER IV 96,FIELD LEVEL ANALYSIS 96,Methodology 96. Training 96,Training in Urban Affairs 99,Filing in Vacancies 100. Repetitive Activities Areas where IT will be Useful 100. Functions to be Closed 100,CHAPTER V 102,RECOMMENDATIONS 102. Recommendations to Improve the Working of the Department 102. Maintenance of Law and Order 102,Supervision and monitoring 102. Qualitative Improvements 102, Procedural Changes for Administrative Effectiveness 104. Legislative Reforms 106,Training 111,List of Boxes. Box 5 1 Recommendations of the M N Heble Committee on Administrative Reorganisation. List of Tables, Table 1 1 Functional Area wise Index of Enactments 11. Table 1 2 List of Other Departments Works Implemented by the Revenue Department 16. Table 1 3 Lists of Committees 18, Table 1 4 Schemes implemented by Revenue Department 24. Table 3 1 Statement of Pending Cases Appeals Revisions as on 31 12 2004 77. Table 3 2 Statement showing the Year wise Pending Cases on the file of Commissioner Pune. Table 3 3 Statement showing the Year wise Pending Cases on the file of Additional. Commissioner Pune 89, Table 4 1 Number of Vacancies in the Revenue Department 2004 100. List of Figures,Figure 2 1 The District Revenue Administration 32. Figure 2 2 Organizational Structure of the Collectorate at District level 33. Executive Summary,Historical Background, The Revenue department was formed under the orders of the Court of Directors of. the East India Company in their letter of 19th March 1778 The proceedings of this. department commenced from 1st January 1779 In 1778 the Bombay Government. administered but a small part of the territory around the island of Bombay By 1827 it. was the master of territories it had wrested from the Peshwa and in that capacity. administered the affairs of the Southern Maratha Country the Deccan the Konkan. and Gujarat Its activities covered the entire gamut of the revenue administration the. different tenures obtaining in the country the rights of the Government over the. produce of the land village officers and their relations with ryots survey and. assessment and general village economy, The present system of district administration in India through a corps of select. trained and disciplined officials is due to the work and thought of a group of. administrators under Lord Wellesley including Munro Malcolm Elphistone and. Metcalfe whose names will find honoured places in any history of Public. Administration It is to this school of district administration that we owe the. conception of a single high powered agency to which the ordinary citizen could look. forward to as the Government It was a Government represented singely and not by. a multiplicity of officers who would have power to enquire to judge and to punish. without the delay and the intricacies of the Western legal process In practical terms. it meant the concentration of wide authority and adequate powers for all ordinary. purposes In 1853 Macaulay observed in the House of Commons that this was the. most important assignment in the civil services of the Crown. In the past tax collection and the control of law and order functions were combined. partly because the peasantry agitated against the undue burden of tax The. collection of tax by an alien government further provoked agitation It was therefore. natural that the authority of tax collection vested in that person who was also. responsible for keeping law and order, Revenue administration in the earlier era was the only administration which reached. right up to the village level Land and land revenue in the form of a share in the. produce thereof were the central character of the administration The Revenue. Department was a far flung organization which had deep roots in the countryside. and therefore all miscellaneous functions were also bestowed upon it. Historically the Revenue Department has always been the backbone of district. administration It has been so and will continue to be so as long as land particularly. agricultural land continues to be the largest single resource of India. Functional Review of the Revenue Department GoM i,The Present Position. The M N Heble Committee on Administrative Reorganisation 1971 made certain. observations which are relevant even today The Collector has traditionally been. looked upon in this country as the local representative of the Raj Two recent. developments viz the separation of the judiciary from the Executive and the. establishment of Panchayat Raj institutions have resulted in considerable erosion of. the Collector s traditional power and authority Nevertheless people still look up to. the Collector for the redress of all kinds of grievances whatever be the nature or. subject of the grievance and the Collector continues to enjoy in their eyes the status. of the representative of Government in the District. The report went on to say Though historically the Collector started as a Revenue. Officer when the Administration was centered around the collection of Land. Revenue the developments that have since taken place have overshadowed his role. as a Revenue Officer and today he is principally the officer in charge of general. administration in the District It would in fact be more appropriate to call him a. District Administrator or Collector and District Administrator. The statutory framework within which the Collector functions is large as to. encompass a vast field of activity He is charged with the responsibilities of enforcing. the provisions of several enactments both Central and State Table 1 1 As the. head of District Administration he is entrusted with several tasks Table 1 2 each. one of which is important in itself He heads several committees Table 1 3 at the. District level Then there are schemes the implementation of which is the. responsibility of the Collector Table 1 4 It needs to be pointed out that the lists are. not exhaustive,Functions of the Collectorate, The important duties and functions of the Collector may be broadly grouped into four. categories, 1 Functions related to land and land revenue management. 2 Functions in the Collector s capacity as the District Magistrate. 3 Functions entrusted to the Collector by departments other than the Revenue and. Home Department and, 4 Functions related to the Collector s Position as the co ordinator of other. departments in the district,4 Need to Improve, Any attempt to reorganize the Collectorate or to rationalize its functions is likely to fail. unless the exercise is holistic and comprehensive enough to include within its ambit. the overhauling of the legal structure strengthening the infrastructure introducing. the single window system upgrading the skills of the services and finally introducing. Functional Review of the Revenue Department GoM ii. an element of accountability Accountability not merely to one s seniors but also to. the people an official deals with This is neither utopian nor ambitious but the very. sine qua non of restructuring, Enlisting the active participation of non governmental organizations as an extended. arm of the administration is not merely outsourcing it means building bridges with. the people Administration need not and cannot be by the people but it must be of. the people and for the people All this is much easier than it sounds all we need is a. paradigm shift A new reorientation and a new approach are the need of the hour. The process of demystification must begin with the context and end with the delivery. mechanism The tasks at the cutting edge level can be analyzed thus. What is to be done,By whom it is to be done,How is it to be done and finally. How soon it is to be done, This does not call for any sophisticated or esoteric management tools These four. seemingly simple questions just about sum up the entire gamut of administration at. the point that matters the most the point of contact with the people. The Organogram of the Department, The Revenue Administration in the district is as below. Figure 1 The District Revenue Administration,The Collector. Assistant and Dy Collectors,Sub Division,Tahsildars Taluka level. Naib Tahsildar Addl Tahsildar,Circle Inspector Officer. For Circles,Talathi Saza,Village Level, Functional Review of the Revenue Department GoM iii. The Vision Statement, The vision of the office of the Collector in performing its functions has to be. Dispensing justice to the rural and urban population of the district as citizens of the. welfare state by offering the simplest the cheapest and the quickest remedy in the. true spirit of the law and procedure of the statutes and the schemes framed by the. government,The Mission Statement, To make the above vision a reality the Collector must strive for. The periodical appraisal of laws, Improvement in land information system to make it effective authentic accurate. and up to date and above all to make available to the people. The faithful implementation of the Right to Information Act. Capacity building of the Revenue Officers by holding periodical training courses. workshops etc and, Providing an in built system for the continuous guidance supervision monitoring. of performance both quantitative and qualitative of Revenue Officers. Functional Analysis,Core Functions,Maintenance of Law and Order Home. Relief and Rehabilitation Revenue,Maintenance of Land Records Revenue. Recovery of Land Revenue and other Government dues Revenue. Elections to,The Parliament General Administration. The State Legislature General Administration, The Zilla Parishad Panchayat Samitis and Village Panchayats Rural. Development Department,Municipal Councils Urban Development. Specified Co operative Societies Co operatives,Agricultural Produce Market Committees Marketing. Overseeing the Urban Administration Urban Development. Conduct of human population census General Administration. Conduct of Agricultural census Agriculture Department. Employment Guarantee Programmes Planning Department. Conducting UPSC MPSC examinations General Administration. Functional Review of the Revenue Department GoM iv. Social Security welfare programmes All Departments. Co ordination function All Departments, As a necessary corollary to the updating of the legislative measures is the larger. and in today s context more important task of capacity building These are two sides. of the same coin and just as one cannot say that the other one cannot say that of. the two measures suggested herein viz Legislative charges and secondly capacity. building one is more important than the other They must operate is tandem to the. extent they dovetail they will be effective, The current study entailed discussions with former Ministers Revenue Divisional. Commissioners and Collectors in the State In addition to this workshops of. representatives of employees and officers associations of the state were held at. Pune Mumbai Aurangabad Nashik and Nagpur During the course of discussions. and deliberations three points were specifically stressed upon. Filing in vacancies and,Incentives for good work, Repetitive Activities Areas where IT will be Useful. Significant improvements are possible if a sound management information system is. introduced in the Revenue Department Case Management File Management. Scheme Management and the maintenance of Record of Rights will be vastly. improved through the use of computers In particular the following are areas where. use of computer will result in enhanced productivity and reduction of delays. a Revenue laws rules and procedures related Information Data Base. b On line query system for services requirements procedures forms etc. c Generation of status report of application case on line statistical reports. d On line reports of rainfall water storages etc, e On line updating of data monitoring and flagging of events. f Linking of Registration and Record of Rights 7 12 and Property card data. g Geo referencing data on village maps using GIS, h Word processing with standard templates including generation of. notices processes, i Access to public databases on Record of Rights maps election related data. census data etc,j Revenue and General Administration related data. k Feedback reports for use of various levels and, l Development of geo database consisting of accurate village maps up to date. Record of Rights and geo referenced geological data which can be profitably. Functional Review of the Revenue Department GoM v,.