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AGRICULTURE AND IRRIGATION |
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TENURES
TENURES: In Kolhapur district, the most prevalent
form of land tenure is rayatwari tenure and the area occupied
under it in 1952-53 was 16,46,149 acres as against an area of 85,358
acres (about five per cent. of occupied land) under
non-rayatwari (inam) tenure. No land is exempt from
paying land revenue except under tenures of contract or agreement or
under the terms of any Act of the Legislature. In the
Rayatwari tenure, land revenue is fixed not upon an estate as
a whole or on a village as a whole, but on individual survey numbers
or subdivisions of those numbers. Under inam tenure, the land
is held on a. reduced assessment which is not liable to revision and
in some cases it is even free from any assessment. The land revenue
assessments are fixed under the provisions of the Land Revenue Code
as amended from time to time. Assessment is based not only on
advantages arising from rainfall or the kind of crop sown but also
on advantages arising from soil, water resources and location. It is
on account of this that agricultural lands are divided into three
main classes, viz., dry crop, rice, and garden lands; and the
classification value of soils of different grades of productivity
are fixed in terms of annas. Land revenue settlements are ordinarily
made every 30 years for a taluka. The lands used for agriculture are
divided into groups on considerations of physical features and other
factors mentioned in section 117-G of the Land Revenue Code. The
assessment is fixed on survey numbers and sub-divisions of these
numbers on the Basis of standard rates fixed for the group as the
result of a settlement or revision settlement made in accordance
with the rules laid down in the Land Revenue Code. In the case of
an, original settlement, the standard rate fixed for a group should
not exceed thirty-five per cent. of the average rental values of all
occupied lands in the group for a period of five years preceding
immediately the year in which the settlement is directed. In the
case of a revision settlement, the existing aggregate assessment
should not be increased by more than twenty per cent. in the case of
a taluka or a group or by more than fifty per cent. in the case of
survey number or a sub-division of it. These limits can be relaxed
in special cases such as highly irrigated areas. Government may
declare, when a settlement is effected, that the assessment has been
fixed with reference to specified prices of specified classes of
agricultural produce. When such a declaration has been made, the
State Government may reduce or enhance the assessment in the area
concerned by granting a rebate or placing a surcharge on the
assessment by reference to the alteration of the prices of the
classes of agricultural produce specified in the declaration.
The assessment fixed under the settlement is not
collected in full in all years. In the years of distress, suspension
of half or full land revenue is given on the basis of the condition
of crops. The annual land revenue demand is then fixed on the basis
of annewari which means an estimate of yield of crops in a
particular year relative to the standard normal yield which is
equated to sixteen annas. The land revenue thus suspended in one
year becomes due for recovery in the next or subsequent years if the
crops are satisfactory. In case, there is a succession of bad
seasons, suspensions more than three years old are turned into
remissions.
The occupant holds his lands direct from the
Government. He has a right to hold the land in perpetuity so long as
he pays the land revenue to Government as fixed at the settlement.
He has full powers to sell, mortgage, sub-let or otherwise dispose
of the land.
Before 1st May 1949, the date on which the Bombay
Tenancy and Agricultural Lands Act, 1948 (No. LXVII of 1948) was
made applicable to this district, the occupant of a land could lease
a portion or whole of his holding on annual tenancy at a rent agreed
upon with the tenant. But this right has been restricted by the
Bombay Tenancy and Agricultural Lands Act, 1948, under which all
tenancies were given a duration of a minimum of ten years. The
maximum rent was also fixed. By the Amending Act of 1955, this right
has been further restricted. No tenancy of any land is to be
terminated merely on the ground that the period fixed by an
agreement or Usage for its duration has expired. Moreover, the rates
of rent payable by the tenant have also been fixed within the
maximum and minimum limits on the basis of assessment ft land namely
that the rent shall not exceed five times the assessment payable in
respect of the land or Rs. 20 per acre, whichever is less and shall
not be less than twice the assessment.
A modified form of the rayatwari tenure,
known as "new tenure" was introduced in 1901. This form of tenure
applies only to new occupancies granted. Under this tenure, lands
are granted at concessional rates of occupancy price only to
bona fide cultivators belonging to backward classes
and that too on condition that the land shall not be transferred
except with the permission of the Collector. Of course, the land is
subject to the usual land revenue.
Inam Tenure.
There is then the Inam tenure. [With effect
from 1st May 1951, all Kulkarni Watans along with the right of
service were abolished by the Bombay Pargana and Kulkarni Watans
Abolition Act (No. LX of 1950). By the Bombay Personal Inam
Abolition Act (No. XLII of 1953), which came into effect on 28th
June 1953, all personal Inams are extinguished in the case of
personal inams consisting of exemptions from the payment of land
revenue only either wholly or in part, if the amount of such
exemption is or exceeds Rs. 5,000 with effect from 1st day of August
1953 and in all other cases with effect from first day of August
1955. By the Bombay Service Inams (Useful to Community) Abolition
Act of 1953, the service inams following under this category
have been abolished with effect from 1st August 1954. The Bombay
Merged Territories and Areas (Jagirs Abolition) Act, 1953, (No.
XXXIX of 1954) has come into force with effect from 1st August 1953
and 217 entirely alienated villages stood resumed to Government in
this district. The Bombay Merged Territories Miscellaneous
Alienations Act, 1955 (No. XXII of 1955 has been made applicable to
this district with effect from 1st August 1955 and Patil, Gao-Sanadi
and Devasthan Inam lands have been saved from the operation of this
Act). The Bombay Saranjams, jahagire and other inams of political
nature Resumption Rules, 1952 ace made applicable to this district
with effect from 1st November 1952. The Saranjam grant at village
Akiwat and Shedshal in Shirol Taluka has been decided as " grant of
soil" and "grant of revenue" respectively. The Bombay Kauli and
Katuban Tenure (Abolition) Act, 1953 (No. XLIV of 1953), is made
applicable to three villages in Ajara Mahal of this district.] Land
under the tenure is technically called "alienated land" which means
" transferred in so far as the rights of Government to payment of
the rent or land revenue, are concerned wholly or partially, to the
ownership of any person ", as defined in the Land Revenue Code. The
main feature of this tenure is that the land is held on a reduced
assessment not liable to revision and in some cases held even free
from assessment. The inam lands have now Been settled on
their present holders under the Survey Settlement Act of 1863. These
inam lands can be classified under four heads as follows:-
Personal Inams.
Personal or "jat" Inams. These
are gifts conferred on individuals. Some of them are in the nature
of compensations. These are heritable and transferable properties of
the holders or their lawful successors subject to payment of fixed
dues to the Government.
Political Inams.
Political inams, including
saranjams and jahagirs, generally mean grants by the
State for performance of civil or military duty or for the
maintenance of the personal dignity of nobles and high officials.
Some of them were guaranteed by a special treaty between the Moghals
and the British Government while others were settled by the Inam
Commission. In the former case, the tenure is hereditary and is to
last in perpetuity, while in the latter case, it is to last for a
short or long period of time as fixed by the cmmission. Ordinarily
these inams are impartible and inalienable. There have been
instances in which a jahagir has been held to be partible and
alienable but generally devolution of such inams is by the
rule of lineal primogeniture, younger members being entitled only to
maintenance.
Devasthan Inams.
These are lands granted to religious bodies for
maintenance of temples and mosques or similar institutions. The
grant is made in perpetuity and the fixed amount of land revenue is
not liable to revision. Devasthan inams are ordinarily
inalienable and also impartible. Succession to them is regulated by
the terms of the grant and the customs and usages of the endowments.
The holder for the time being manages the inam in the
capacity of a trustee for the benefit of the endowment.
Service Inams.
These are holdings of lands or rights to receive
cash payments or to levy customary fees or perquisites for the
performance, of certain services to Government or the community. The
holders of such inams or watans are divided into two
classes-firstly, district officers like
desais, deshmukhs, or deshpandes who were the
chief instruments for the collection of revenue under the Peshwas
and secondly, village officers useful to the Government like the
patil or the kulkarni who were provided adequate
remuneration in the shape of lands or cash, and village servants
useful to the communities such as the hajams,
kumbhars, lohars, sutars, mochis etc.,
and other village artisans. | 
