Organisational Activities In Last One Year & Message To Newcomers
With the passage of time this Association was able to establish itself as the most acceptable Association in the cadre level. In the last one year this Association emphasized upon to strengthen the bonding between central committee and district committees, influx of many new and young members to its organizational activities, raise the actual picture of Associations of the department before the would be officers, enhance impressive presentation before district level and state level authorities etc.
It may be stated that the communication between districts and central level in the last year was quite satisfactory. Almost all the district representatives participated in the CEC meetings and shared their views and proposals with central committee and also implemented the Associational ideology and thinking at their levels.
But we again felt that intra district communication in some districts were not upto the mark. In many cases personal communications are substituted by group messaging in social media. We also identified that inter personal relationship among the members hampered the true spirit of Association. We once again emphasize upon the proper and responsible use of social media by the member.
We also propose again to conduct district level meeting in regular and at least by three months interval. We also propose for participation of younger generation into the organizational activities for many districts. We are happy to see that many young and new members have taken part in the organizational activities guided by the seniors.
In the new membership drive of the last year the responsibility maximally bored by the members of young generations and in this effort they were able to communicate with maturity and with warm behavior.
We extend our gratitude to them and expect their involvement in the Associational activities in such prominent manner. Our Association was able to raise the actual picture before the new-comers regarding the stand points of the Associational activities and we are happy to say that like last few years a good number of new officers have chosen our beloved Association. We were able to pursue the matter of their training and posting with the authority and was successful to a large extent. We appeal to our new generation to taking part in the Associational activities.
Land Reforms Works And Suggested Future Steps
Land reforms work is basically a scheme for implementation of the pious will avowed in Art 39 of the constitution of India. Prior to coming into force of the Land reforms Acts in 1950s throughout the country ,the tenancy pattern in all most all the Indian states were in extreme feudual form. Through vesting of ceiling surplus land and subsequent distribution of that surplus land among landless poor people ,that feudual structure of tenancy rights was wiped out to a great extent especially in our state.
Another facet of this acts are to prepare and maintain an updated and faithful land records. Preparation of L.R. records gained momentum mostly after introduction of 2nd amendment of WBLR Act. The prevalent dichotomy of two wings ie Settlement & Management wings was merged in the year 1989 and consequently the Deptt. got a new shape. Thereafter we came across through three long decades .It is quite dishearting that We still have to wait few more years to complete the preparation of all mouza records of the State.
Fixation and realization of land revenue from the raiyats is another aspect of the Act of 1955.A separate Chapter has been introduced in the Act to deal the matter. Both the erstwhile state govt. as well as the present govt. have relieved the raiyats having agricultural land from the liability of paying land revenue.
We may now take an in depth look into the performance on the major three issues mentioned above as well as suggestions of our Association.
(I) Vesting and Distribution :-
26 lakhs acres of land has so far been made vested in the state and 13 lakhs acres have been distributed among the beneficiaries. It may safely be presumed that more than 50% of the vested land is involved in litigations in different Courts and these cases are pending for a long period . It simply means that a huge quantum of land lying unproductive for years together. These land are either in possession of the big raiyats /legal heirs or in the hands of third parties; and in few cases Govt is enjoying possession. Whatever may be the case ,the reality is that a precious natural resource like land is not being utilized for its best purpose.The very definition of land reforms have been challenged in the Court of law and the case is presently pending before the Hon’ble Apex Court of India. The future course of land reforms in our state heavily depends upon this case.
(II) Maintenance and Updation of Land Records :-
Maintenance and continuous updating of land Records is the biggest challenge before the Department. Digitization of records have been done .But due to lack of knowledge of data entry operators regarding land records and also for lack of supervision by our departmental staff & Officers, different types of mistakes and inconsistencies were cropped up in the digitized records. No consorted efforts were ever made to remove these mistakes and anomalies .After launching of bhuchitra and then e bhuchitra software, hard copies of records has become outdated. Now all corrections are made through on line mode and citizen centric services are catered only through on line process.
(III) Automated Mutation etc :-
Few months back Hon’ble CM has announced the introduction of automated mutation system. In case of direct transfer by recorded raiyat , the of name of the purchaser will have be mutated by the Revenue Officers automatically done in the land records without notice, field verification, and hearing through automated mode. Revenue Officer being a quasi-judicial authority disposes mutation applications under specific provision of Act & Rules. Our Association is not against such step but prior to introduction of this new system, necessary amendment in the Act & Rules should be made .
(IV) Logistic Support :-
The long standing problem of insufficient logistic support ,inadequate staff and frequent link failure will pose a great threat in implementing this system. Our Association demands that Authority should take care of these problems .
(V) Tenancy Right and Land Revenue Collection :-
If we go back to the history of Land reforms ,the very reason of preparing khatian (popularly known as ‘Porcha’)was two-fold :- (1) To ensure tenancy right of a person over the land (2) To assess land revenue/rent payable by a raiyat .But most surprisingly we have failed to note the amount of land revenue payable by a raiyat in the relevant column of khatian. This has made our collection process more complicated. Acute shortage of field level collecting staff has multiplied the sufferings of the common people. For the revenue interest of the state. We demand generation of raiyat-wise demand list and suitable modification in the present system of collection.
Some Proposals Regarding Departmental Works
(a) To achieve next level of Land Reforms :
Due and utmost importance is to be given in achieving the next level of land reforms through consolidation of plots/ holdings vis-à-vis cooperative farming through utilising the state government machineries as well as sensitizing the farmers accordingly;
(b) Muhuri dependent social system should be abolished :
Taking advantage of the ongoing system with being indulged in illegal solicitation, many local touts who are self-proclaimed muhuris are continuing to strike deals and mislead common people in claiming to get his work done or expedite the same and attempt to or take money from the petitioner (mostly innocent and/ or outsider). Such innocent petitioners get easily victimised by those unscrupulous touts thus attracting overall ill-reputation to the entire department.To eradicate the bane of touts from the BL&LRO Offices it is to hereby propose that possession of the unauthorised structures occupied by those touts in the office premises, if any, should be immediately taken over or demolished;
(c) Making an alternative Help Desk :
Interested educated women with basic computer knowledge selected from the local self-help groups and like ‘TathyaMitra’may be given License/ Authorisation as BHUMI-BONDHU (or something like that) after proper training on Land Laws and other statutory norms and procedures so that they can help the common people on requirement basis like assisting them to submit online application using the banglarbhumi.gov.in portal, online generation of GRIPS challan etc. in exchange of a pre-fixed rate of notified and well-displayed service charges. This will also collaterally provide cognitive contribution to the socio-economic development and required empowerment to a section of the distressed women of the locality beside creating income resources;
(d) Phase out of Court Fees :
At present a declaration in the prescribed proforma is to be annexed by the petitioner of mutation in white paper affixing court fee stamp of Rs. 10/- on it and also to be annexed on the application of different type of petition. However as the court fee stamp is not readily available to the general public, he has no choice but to purchase it from the local touts/ Muhuris. In view of such hazards of collecting court fee stamp by any common public, an amount of Rs. 10/- in the form of the application fees & declaration fees respectively may be included with the total process fees and accepted directly. Affixing Court fee stamps may be declared as NOT MANDATORY.
(e) Introduction of Smart Card and Land Pass-book:
Smart Cards containing minute details of the landed properties of any individual as well as the detailed history of earlier purchase of the subject plot/s along with its map and other records should be introduced. This will not only simplify the entire registration and mutation processes, but also will substantially improve the citizen interface by eliminating fraudulent practices, illegal registration of properties etc. The present paper-based property documents like the deed of conveyance or the records of right etc. are easily susceptible to mutilation while the polycarbonate structure of the smart cards would have durable physical properties for long life. Also if the data stored in the smart cards is tampered, the same can be detected very easily. The introduction of property smart cards will certainly improve the workflow between the Government and the common people;
(f) Minor Minerals :
The Department of Industry, Commerce & Enterprises should take immediate action for preparation of a comprehensive District Survey Report (D.S.R.)for each and every minor mineral available in the district with special attention on the virgin areas so that the quantum of deposit of each mineral is available to the administration;
A separate guideline along with statutory provisions is required to be framed for auction of raiyati/ private lands. Specific provision may be inserted in the extant Concession Rules 2016 & the Auction Rules 2016 for conducting auction over private lands. Here the provisions presently running at the other states may be adhered and adopted, if deems fit.
Also from earlier experiences in respect of e-auction of sand blocks it has been observed that despite being selected as the successful bidder by offering the highest bid during the bidding process, a good number of such bidders often do not take any initiative whatsoever for execution of his mining lease deed by approaching before the concerned authorities and submitting the requisite payments in respect of his bid amount within the stipulated period as specified in the Rules of 2016. Such purported non-action and/or inaction and apparent breach of contract from the part of those defaulter bidders is highly objectionable and frustrates the entire Government processes and the basic objects of the said Rules of 2016. Therefore suitable provisions is necessary to be included in the existing Rules of 2016
As defined under sub-rules (j), (r) and (x) of Rule (2) of the existing WB MM Concession Rules, 2016, it is the Executive Engineer, Revenue Officer and the Superintending Engineer respectively, all three appointed as such by the State Government in the Irrigation and Waterways Department, who are the actual prescribed empowered officers for superintendence and execution of riverbed occurrences and for management of the process associated with extraction of such riverbed occurrences. It is to categorically mention here that in spite of such specific legal propositions, the Officials of the L&LR&RR&R Department (with no empowerment at all in the extant Rules) are being forced by the district administration to handle the entire process of sand mining. This is totally unlawful and requires immediate intervention of the highest level of the L&LR&RR&R Department so that the general administration is restrained at any cost from using and/ or exploiting the officials of this department any further. The principal onus of superintendence and execution of riverbed occurrences, management of the process associated with extraction of riverbed occurrences etc. is necessary to be fixed upon the designated and empowered Officials of the I&W Department in following the existing Rules instead of the Officials of this department.
(g) Sensitization of officers of Stamp Revenue Department :
We further propose considering the emerging scenario that our Department in consultation with Directorate of Registration and Stamp Revenue should take up the matter of sensitization of the officers working under the said Directorate with regard to proper functioning of the e- Nathikaraon portal , keeping close proximity with our departmental officers, so that there may be nothing in contravention of the provisions of the land legislations.
(h) Workshop :
It is also proposed that every district administration should hold regular workshops covering law matters, matters pertaining to brick-fields, tea gardens etc, according to the specific requirement and character of such district.
E-Bhuchitra & Automated Mutation
The process of automated mutation by way of amending provisions in West Bengal Land Reforms Rules, 1965 is likely to be one of the most brilliant steps taken by the State. It is an effective way to give relief to the common people to avoid attending Government offices multiple times for the same reason.
It is our proposal to consider the following points to build-up the new system much more purposive for better land management in our State:-
1. Needless to state here that success of such proposed automated mutation system is entirely dependent upon the exact entry of mobile numbers of buyers and sellers for lawful disposal of the process to give reasonable opportunity of being heard to them. On this, database maintained by different service providers may be utilized during insertion of data in the registration portal so that any sort of mismatch regarding names of buyers and sellers will give a check flag to the Registration authority before further proceeding with the matter.
2. A separate window may be kept in the software so that the Revenue Officer can determine that the seller is neither minor nor any other person who is disqualified to enter into the contract by the law time being in force. For this scan copy of the first page of the deed, if not the entire, may be uploaded in the system.
3. Regarding mismatched cases, larger space with greater data capacity may be provided for accommodating scanned copy of the entire deed in question.
In case of lands having possessors of any type, there may be a scope of flagging so that the Revenue Officer can dispose of the case in a judicious way.
4. In the first module incase of straight purchase provision of generating order sheet may be kept so that any person may prefer appeal, if deem so, u/s.54 of the WBLR Act, 1955.
5. In this new module the provision may be there for editing the share and/or area by the disposing officer.
6. Fee generation on the basis of share, not on the basis of area, may be preferred for incorporation of data more accurately.
7. A separate module may be framed for land involving RR patta in the light of restriction of 10 years as provided in the Statute.