The slides used for the presentation

1. 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

2. 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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3. History of land revenue administration
• 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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4. History of land revenue administration
• 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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5. 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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7. History of land revenue administration
• 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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8. History of land revenue administration
Zamindari 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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9. History of land revenue administration
Ryotwari 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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10. History of land revenue administration
Mahalwari 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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12. Extract of VIIth
Schedule of Indian Constitution
Name of the list Number in the list Description in the list
Union list
88
Duties 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
45
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 buildings
Concurrent list
6
Transfer of property other than agricultural land;
registration of deeds and documents
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13. “Jigsaw Puzzle”
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14. 14
Doctrines of Eminent Domain & Public Trust

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16. 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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17. 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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18. Types of “interests” on land
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19. 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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20. 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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21. ISSUES CONNECTED WITH
LAND REVENUE ADMINISTRATION –
A KERALA EXPERIENCE
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22. Genesis of land administration
State 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 types
b. Salubrious climate for healthy living
c. Natural barriers ensures protection from invasions and
attacks
d. Patrilineal joint family system and non- partible inheritance
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23. 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. Brahmaswom
b. Devaswom
c. Lands with sirkar/sovereign
Only the lands under “c” were assessed with taxes on
land by the Government
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24. 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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25. 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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26. 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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27. 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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28. 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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29. 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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30. Thank you
Dr.D Sajith Babu
National Centre for Land Governance,
Institute of Management in Government,
Government of Kerala,
Trivandrum – 695 038
sajith.nclg@gmail.com
09447271243
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