Board Of Revenue, Rajasthan
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Land disputes are very complex. Land related facts can be properly understood only by experienced officers on the solid basis of the facts available in the field. But since the land matters are directly related to the majority of the agricultural dependent common people of the state, questions of peace and order are also related to them, especially of the rural areas. To fulfill all these hopes and beliefs that the poor and uneducated farmers in land disputes get cheap, speedy and accessible justice without engaging in unnecessary legal formalities, the Revenue Board, Ajmer has been made an establishment-court by the Government of Rajasthan.[1]
It is the highest court of appeal in Rajasthan for the disposal of revenue cases, whose decision can be challenged only in the High Court of Jodhpur/Jaipur or the Supreme Court of Delhi. Its chairman and members together settle all disputes related to land by studying revenue records etc.
Ajmer is the headquarters of the Rajasthan Revenue Board, with its circuit bench at Jaipur. The members of the revenue board also organize their mobile courts regularly at the divisional headquarters of the state so that the rural complainants do not have to come to Ajmer or Jaipur and their cases are heard at their nearest place.
Land realities in Rajasthan in 1947[edit]
The population of Rajasthan at the time of joining the Union of India was 201.5 lakhs, of which 8.95 lakhs were educated citizens in 1951. Out of its entire land area of 3.40 lakh km2, only 0.01 lakh km2 was urban area. At that time 83.7 percent of the population of Rajasthan lived in 32,240 villages. Of these, 76.7 percent of the population was engaged only in agriculture.
Of all its villages, 67 percent were villages with a population of less than 500. 56.8 percent of the land of Rajasthan was completely dry desert area. Rajasthan was actually a land of thousands of small dhanis, guadas, villages and scattered settlements.
Rajasthan was actually a land of thousands of small dhanis, guadas, villages and scattered settlements. Survey work and land settlement was not done in a large part of Rajasthan. When the Directorate of Land Records was established, out of 3,387,94 km2, only 2,136,42 km2 could come under 'settlement'. Even the Patwar-sanstha was available only in an area of 1,736,02 km2.
Zamindari system and farmer-exploitation in Rajasthan[edit]
Before independence, the king or ruler was the court of final appeal. He used to appoint and remove judges voluntarily. The jagirdars had 60.7% of the entire land and the remaining 39.3 percent was with the Khalsa, that is, the ruler. The Jagirdars were actually the source of all the problems related to the peasantry. Other middlemen – Zamindars and Biswedars were also the means of their exploitation. The common farmer was subjected to unrelenting atrocities on unjust revenue rates, various taxes and ransoms, etc.
The 207920 km2 area of the new state was under the control of different types of jagirdars. In Jodhpur and Jaipur, 82 and 65 percent of those princely states were with these middlemen respectively. Most of the Rajputana princely states that merged with the Union of India had some kind of revenue-law, but it was a system of legalizing exploitative policies and practices.
The tenant did not even know about the protection of khatedari rights, stability and suitability of rent. Land was given to the highest bidder for cultivation, which resulted in unfair competition, maximum rent collection and degradation of land quality. Different princely states had different laws.
In some states, only mixed civil and revenue offices were leased out for a year by bidding. The lessee who took the lease or contract used to make arbitrary recovery from the farmer.
When the public outcrys against his misdeeds became widespread, the ruler would imprison the lessee till he returned the collected amount. He would have been released only after paying a heavy fine, which he had already collected from the poor cultivators. Often he or his heir was re-appointed. The ruler himself was actually a participant in the exploitation of the tenants.
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In the context of the attainment of independence and the merger of the princely states into the Union of India, seeing the legal rights, the middlemen started ousting the kheddar-farmers by cruel and arbitrary methods. Fights, conflicts and disputes started increasing and the law and order situation started deteriorating.
Seeing the farmers being evicted in large numbers, the Government of Rajasthan issued several ordinances and Acts to protect them. But in the absence of a uniform legal body for the whole of Rajasthan, the farmers and the general public were plagued by doubts, confusion and ambiguity. Even the officials themselves were not sure about their meaning and interpretation. There was a lack of uniformity in the Bhulekhs and an implementing effective administrative institution.
The integration of the princely states into the Union of India was a challenging task in itself.
There was lack of uniformity in the service conditions, salaries, nature of work etc. of the employees. There was chaos in financial matters as well. The capital of Rajasthan also kept changing from one place to another. Although the main source of integration was the Government of India, the new Rajasthan government was internally weak in the absence of powerful political organizations that blew the conch shell of patriotism. The Praja Mandal was also not able to take deep roots in the life of the common people.
They were divided into factions and feudalism was full of jealousy and malice. In fact, in the early years of India's independence, the atrocities of the jagirdars and zamindars on the tenants reached their climax.
Internal constitutional order[edit]
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A sub-section was added to the merger-forms that "the Rajpramukh and the cabinet shall work under the directions and control of the Government of India as may be given from time to time". Accordingly, the process of integration and democratization of Rajasthan was started efficiently.
The said sub-section, which was introduced with the concurrence of the then popular leaders, provided an opportunity to the Central Government for the integration, consolidation and good governance of Rajasthan in the interim period. It was arranged that the approval of the Government of India would be taken in the appointment of all laws, budget, Chief Justice of High Court, members of the Board of Revenue, members of Public Service Commission etc.
To discharge this responsibility, the central government appointed consultants in the departments of law and order, integration, finance, revenue, etc. These were brought from Uttar Pradesh and neighboring provinces. In matters of all India importance, decisions in these departments were taken through him. He also participated in the meetings of the cabinet and also expressed his opinion on important matters. He did not have the right to vote.
Gradually, the princely states became an integral unit of the Union of India in the form of Rajasthan, like other provinces. The right to accept the new constitution of India was given to the Rajpramukh. On 23 November 1949, the Rajpramukh issued a proclamation that from now on, the constitution made by the Constituent Assembly would be the constitution for Rajasthan and its provisions would be paramount.
New administrative system in Rajasthan[edit]
The unit of Greater Rajasthan (Union) started functioning from 7 April 1949 under the direction of the Government of India. Under the final covenant, His Majesty the Rajpramukh was the only lawmaker and executive authority of Rajasthan. This arrangement remained in force till the coming into force of the Constitution of India.
The first Popular Cabinet took office on 3 March 1952, after the main election. Subject to Article 3, the new Indian Constitution handed over all the powers of the states (state list) to the provinces (and the units of the princely states).
Among the subjects of the State List, among others, notable are justice, all the courts except the constitution of the Supreme Court and the High Court, revenue courts, revenue, land rights, distribution between landowners and kheddars, agricultural landholdings etc., loan on land, kunt, recovery etc., land records, survey, settlement etc.
Divisions, Districts and Subdivisions[edit]
Accordingly, Rajasthan was divided into five divisions and 24 districts, with various sub-divisions in the districts and tehsils below them. The basic and main problem of the state was related to agriculture and land reforms. Uniform khatedari laws and uniform laws were the main requirement of the administrative life of Rajasthan at that time, so the land administration of the state had to be reorganized immediately.
In this direction the Board of Revenue was reconstituted. A revenue division was established for all the unified princely states of Rajasthan i.e. Rajputana.
Establishment of Board of Revenue[edit]
To solve the previous problems, the high settlement and land records department of the princely states that were included in Rajasthan were reorganized and integrated. At that time there was only one officer of this department who worked in many forms, such as, Settlement Commissioner, Director of Land Records, Inspector General of Registration of Rajasthan and Superintendent of Stamps etc.
A year later, in March 1950, the Land Records, Registration and Mandra departments were separated from the Settlement Department. The Director of Land Records Department was made the ex-officio Inspector General of Currency and Registration. Three Assistant Directors of Land Records were appointed to assist the Director of Land Records. All these bodies were constituted. It was called the Revenue Board. Its function was to take decisions at the highest level without fear and favoritism of revenue matters.
Inception date[edit]
After the creation of the United State of Rajasthan, His Majesty the Rajpramukh established the Revenue Board of Rajasthan by the proclamation of the ordinance on 7 April 1949. And Shri Brijchand Sharma became the first President.
Workspace[edit]
This ordinance came into force on 1 November 1956, replacing the revenue divisions of Bikaner, Jaipur, Jodhpur, Matsya and erstwhile Rajasthan. These revenue circles were functioning in the princely states under various laws. This work continued till the unified laws were made for the whole of Rajasthan. These revenue circles ceased to function from 1 November 1949. The pending cases with them were transferred to the additional commissioners of the division.
The disputes related to appeal, revision etc. in these cases were transferred again to the new revenue division, Rajasthan. Thus the Board of Revenue, Rajasthan became the Supreme Court of Appeal, Revision and Reference in Revenue matters. He was also entrusted with the administration of land records administration and other laws.
Major Work[edit]
Most of the revenue officers, being executive officers and courts, perform 'bipartite' functions.Therefore, it is necessary that their individual decisions should be supported by decisions from the deliberations of a plural body. The Board of Revenue has been made a very rich judicial body of administrative experience, free from the bias of turbulent politics. This was done to protect the interests of the poor, illiterate, innocent and remote tenants.
For him the well-known principle of 'separation of power' of keeping the judiciary and the executive separate was also put aside.
The judicial process of civil courts is often slow, costly and full of complications. Because of that, the common farmer cannot get the desired relief from his troubles and problems. Therefore, the Board of Revenue has been kept separate as an authority. Its only aim and goal is to provide quick and cheap justice to the poor tenants in land related disputes.
Bibliography[edit]
'The Board of Revenue for Rajasthan: An organizational and Administrative Study: S L Verma: S. Chand & company, Ram Nagar, New Delhi- 110055: First Edition: 1974[2]
References[edit]
- ↑ "Board Of Revenue". landrevenue.rajasthan.gov.in. Retrieved 2021-10-23.
- ↑ Srinivas, V. (2019-02-27). "Board of Revenue for Rajasthan: Initiatives for Improving Justice Delivery System in Revenue Courts". Indian Journal of Public Administration. 65 (1): 243–246. doi:10.1177/0019556118814965. ISSN 0019-5561.
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