The Tahsildar is the execution officer of the tahsil. The Tahsildars have been delegated with the following powers under sub-section (1) of section 13 of the Maharashtra Land Revenue Code, 1966.
| Sr No. | Power of the Collector under The Maharashtra land revenue code1966, delegated to the Tahsildar | Extent of Power delegated |
| 1 | Sub-section (4) of Section 7. | To appoint kotwals or other village officials. |
| 2 | Sub-section (1) of Section 17. | All |
| 3 | Section 18 | All except the powers of wrest. |
| 4 | Section 15 (2) | All |
| 5 | Section 35 (2) | Powers to dispose of relinquished sub-division to the occupants of the other sub-treasury number. |
| 6 | Section 35 (3) | All |
| 7 | Section 35 (4) | Power to restore forfeited sub Division to the former occupant. |
| 8 | Section 48 (8) | All |
| 9 | Section 50 | All in respect of unauthorisedOccupation of land for purpose of agriculture only, providing for the enquiry under section 20 (2) of the Act. |
| 10 | Section 53 | Do. |
| 11 | Section 59 | Do. |
| 12 | Section 61 (b) | All |
| 13 | Section 74 | All |
| 14 | Section 75 | All |
| 15 | Section 75 | All |
| 16 | Section 136 | All |
| 17 | Section 139 read with section 141. | All |
| 18 | Section 152 | All |
| 19 | Section 155 | All |
| 20 | Section 174 | All |
| 21 | Clause (ii) of proviso to Section 176 | All |
| 22 | Section 178 | All |
| 23 | Section 179 | To issue proclamation and written notice under clause (a) of the provision for Section 179. |
| 24 | Section 180 | All |
| 25 | Section 181 | To sign and execute the warrant of Attachment and conduct the sale. |
| 26 | Section 182 | To sign and execute the warrant of Attachment. |
| 27 | Sections 192 and 193 | All |
| 28 | Section 212 | All |
| 29 | Section 28 (1) | In respect of moveable property only, |
| 30 | Section 42 | Power under clauses (a) and (b) of Section 242 only. |
Tahsil
The staff in each tahsil is composed of
- Two or three awal karkuns,
- 10 clerks,
- 40 talathis
- Three four circle inspectors.
The Tahsildars are entrusted with the performance of following functions:
Revenue
The Tahsildar is required to report on almost all revenue matters to the Prant Officer and the Collector to enable them to take their decisions and to execute the orders passed by the Collector and the Deputy Collector.
In regard to the annual demand and collection of land revenue he has to keep ready all village and tahsil forms i.e. jamabandi and other statements which are necessary for conducting the annual jamabandi of the tahsil by Collector or the Deputy Collector. The annual jamabandi is an audit of previous year’s accounts. The demand for agricultural revenue is to be settled and, there are remissions and suspensions to be calculated upon the demand fixed in lean years. Remissions and suspensions are given in accordance with the crop annewaris. The tahsildar is the most intimately concerned officer for determination of the amount of the remissions and suspensions. The amount of non-agricultural assessment and fluctuating land revenue 9 such as that arising from the sale of trees, store or sand, etc.) is added to the demand of fixed land revenue.
The work of collection of land revenue is also the responsibility of the Tahsildar. He has to issue notices under Section 178 of the Maharashtra Land Revenue Code, 1966, imposing the cost of such notices on the defaulters for recovery, distrain and sale the defaulter’s moveable property under Sections 179 and 180 of Maharashtra Land Revenue Code, 1966 and issue notices of forfeiture of the land. He has, however, to obtain the prior sanction of the Deputy Collector or the Collector before the actual forfeiture of the land under Sections 181 and 182 of Maharashtra land Revenue Code, 1966.
In addition to the collection of land revenue. he has to effect recoveries of tagai loan, pot hissa measurement fees, boundary marks advances and irrigation cess, the dues of other departments like sales tax, income tax, etc., whenever the members of the public fail to pay such dues to various departments as an arrear of land revenue from the defaulters at the request of the concerned department It is also his duty to see that there is no breach of any conditions under which inams are held and has to bring any such violation to the notice of the Collector through the concerned Deputy Collector.
He has to make enquiries and get ready the material on which the prant officer has to pass his orders under Dastural-Amal-Dehi and Watan Act. He is empowered to pass orders as to the appointment, remuneration, period of service, suspension and fining of the inferior village servants, the grant of leave them and the like.
Tagai
Application for grant of tagai are generally received by the Tahsildar who has to instruct the circle inspector to make enquiries, to see the sites for the improvement of which tagai loan is sought, to ascertain whether the security offered is sufficient to determine the reasonable instalments for repayment, etc. He can himself grant tagai upto Rs.2,000 and Rs. 500 under the Land Improvement Loans Act and the Agricultural Loans Act, respectively. In other cases, he has to obtain orders from the prant officer or the collector, as the case may be.
The Tahsildars with regard to tagai do not end with its payment to the loanees, but he has to see that the tagai is properly utilised, inspect the work undertaken with it, control the payment and make recoveries from the defaulters.
The Tahsildar is primarily responsible for the administration of the Hyderabad Tenancy and Agricultural Lands Act within his jurisdiction.
Quasi Judicial
The quasi-judicial duties which the Tahsildar performs include the inquiries and orders under the Mamlatdars Courts Act (II of 19060, execution of civil court decrees and decision in the disputed cases in connection with the record of rights in each villages.
Magisterial
Every tahsildar is ex-offcio tahsil magistrate of his tahsil. As tahsil magistrate, he has following powers under the Criminal procedure Code.
- To disperse any unlawful assembly (Section 127).
- To use civil form to disperse unlawful assembly (Section 130).
- To require military form to be used to disperse unlawful assembly (Section 130).
- To apply to District Magistrate to issue commission for examination of witnesses (Section 506).
- To make order as to the disposal of property regarding which an offence is committed (Section 517),
- To recover penalty on forfeited bond (Section 514) and to require fresh security (Section 514-A). and
- To sell property of a suspected character (Section 325).
If authorised by the State Government or the District Magistrate, a tahsil magistrate may exercise the following among other powers:-
- To pass orders prohibiting repetitions of nuisances (Section143);
- To tame orders calculated to prevent apprehended danger to public peace (Section 144); and
- To hold inquests (Section 174).
The Tahsildar is also in charge of the management of the sub-jail. He has to keep the District Magistrate and the Sub-Divisional Magistrate informed of all the criminal activities in his charge and take steps incidental to the maintenance of law and order in his charge. In case of serious disturbance of the public peace, the Tahsildar carries great responsibility . As an executive magistrate on the spot, he has to issue orders and be in charge of the situation till his superiors arrive.
Treasury and Accounts.
Formerly the Tahsildars and the Naib-Tahsildars were in charge of sub-treasury and had to deal with the accounts matters and stamps. Due to separation of sub-treasury this work has been transferred to the treasury personnel and Finance Department has appointed sub-treasury officers for each of the sub-treasuries. Sub-treasury officers now working in the tahsil offices are directly under the control of the Senior Treasury Officer and Accountant General, Nagpur.
Other Administrative Duties
- The tahsildar is the central figure in the administration in his tahsil.
- He is responsible to the Collector and the Prant Officer, whom he must keep constantly informed of all political happenings, outbreak of epidemics and other important matters.
- He must help and guide the officers of all department at the tahsil level in the execution of their respective duties.
- The Tahsildar is also responsible for the cattle census which comes under the purview of the agriculture department.
- He has to take prompt action for the control of epidemics and to render assistance in preventing outbreaks of epidemic diseases.
Though the Tahsildar is not expected to work directly for local self government bodies, he is usually the principal source of the Collector’s information about them. He is responsible for the administration of his tahsil just as the collector is responsible for the administration of the district.
