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Land Reforms in Karnataka

Land Reforms programmes undertaken all over the country in the wake of Independence had three specific objects: (1) Abolition of intermediaries like Zamindars, Inamdars and such other absentee landlords (2) Regulation and subsequent abolition of tenancy, and (3) Putting a ceiling on the ownership of land by cultivating households. The Jatti Committee submitted its report in September 1957, and these recommendations finally resulted in the enactment of the Karnataka Land Reform Act in 1961. However a more egalitarian legislation was enacted in 1971 which is still in operation. The land revenue system throughout the state is the ryotwari system wherein

each landowner deals directly with the Government. Revenue records show the extent of land held and the revenue payable for such land every year. Systematic collection is possible only if such records are available. Records are maintained for each village separately. These records though prepared originally for facilitating collection of revenue in course of time have come to be regarded as indicating title to the land also, as all changes in ownership were being incorporated in these accounts. These gradually came to be known as record of rights. Village Accountants were appointed displacing the hereditary Kulkarnis as in Bombay state in 1950, and the new officials were then called Talatis, and in the whole of Karnataka in 1962 displacing hereditary Shanbhogues, and they are in-charge of revenue records of their respective
villages and are responsible for collecting revenue. They are a transferable adre. The state had its land survyed and settlement made in 1964.The district is the principal unit for administrative purposes. The head of the district, or the Deputy Commissioner passes orders on most of the matters relating to the collection of land revenue and administration of land. The important unit between the district and the village is the taluk or tahsil. In between the villages and the taluk office there is an executive official known as the Revenue Inspector who supervises the work of the village officers of a group of villages placed under his charge. His unit of jurisdiction is called a hobli or revenue circle. In between the Taluk and the Village Office is the Nad Kacheri for a circle. They were introduced on an experimental basis in one hobli each in totally 175 taluks in 1986. One more circle in each taluk had a kacheri opened in 1987. Nad kacheri is headed by Deputy Tahsildar
Shereshtedar who supervises the work of village officers in his jurisdiction. Similarly for a group of taluks there is a sub-divisional officer or an Assistant Commissioner who is the appelate authority as well as supervisory officer in respect of the taluks placed under him. The Chief controlling officer for matters connected with land revenue is the Divisional Commissioner. As the five different regions of the pre-unification days were accustomed to different office procedure a new Secretariat Manual was prepared and enforced in 1958. This established a uniform office procedure at the Secretariat and at the district level. The areas which comprised the new State had their own heritage of administrative organisation, their own laws, rules and regulations, methods or work, development schemes etc. Taxation laws which were different for different areas were formulated on the basis of the recommendation made by the Mysore Finance Enquiry Committee and made them uniform throughout
the State. In addition, It also streamlined various other Acts and Rules in force and introduced uniformity in administration.

The district administration is evolved into a fairly clear establishment, conforming to the purpose and apparatus of Government in the district. The purpose is three-fold, i.e., maintenance of law and order, revenue administration, and the development activities for the economic and social advancement of the people of the district. Under Article 154 of the Constitution of India, the executive power of the State vests with the Governor. He is the constitutional head of the State and the Government is carried on in his name and is appointed for a period of five years. Although in theory the Governor is the repository of all executive authority, he seldom exercises his authority directly except under extraordinary circumstances. In practice the council of ministers exercises all the executive powers of the state. The council is assisted by the Secretariat in running the administration efficiently. Likewise, there is a separate Secretariat to the Governor headed by a secretary. The State legislature consists of two Houses viz. the Legislative Assembly and the Legislative Council. The Legislative Assembly consists of 224 members with one member nominated by the Governor to represent the Anglo-Indian community. The term of office of the members is five years and they are elected by adult franchise. The term of a member elected to the council is six years. The council has 75 members of which 25 are elected from the Legislative Assembly, 25 by Local Bodies, 7 by Registered Graduates, 7 by Registered Teachers and 11 nominated by the Governor. The Assembly sessions are presided over by a Speaker who is elected by the Assembly, while the Council elects the Chairman. The Chief Minister is generally the leader of the legislative assembly.

The Constitution also provides for a council of ministers with a Chief Minister as the head to aid and advise the Governor in the exercise of his functions. The Chief Minister who is the leader of the majority party is appointed by the Governor and the other ministers are appointed on his advice. The Council of Ministers which is collectively called the Cabinet, consists of Cabinet Ministers, Ministers of State and Deputy Ministers. The Chief Minister will exercise powers in guiding, directing, controlling and co-ordinating the activities of other ministers. He combines in himself the roles of the leader of the party, the leader of the House and the leader of

the Government. The Chief Secretary is the head of the administrative services.

He, together with the Chief Minister will equally share and also assist him in effectively discharging the administrative responsibilities. The three major branches of the State Government are: 1. the Minister 2. the Secretary 3. the Executive Head of the department. The Minister will decide the policy, the Secretary provides advice, and the Executive head will implement the decisions. Two major functionaries - the Minister and the Secretary are served by the Secretariat Organisation.

At the head of the Secretariat is the Chief secretary to Government who is responsible for the proper and efficient functioning of the administrative set up. He is assisted by Additional Chief Secretary, Principal Secretary or Secretaries to Government who in turn have under them Additional Secretary/ Joint Secretary, Deputy and Under Secretaries to Government. The present set-up of the Secretariat Departments are: 1. Agriculture and Horticulture, 2. Animal Husbandry, Veterinary Services and Fisheries, 3. Cooperation, 4. DPAR 5. Education, 6. Energy, 7. Finance, 8. Food and Civil Supplies, 9. Forest, Ecology and Environment, 10. Health and Family Welfare,

11. Home and Transport, 12. Urban Development, 13. Housing, 14. Industries and Commerce, 15. Infrastructure Development, 16. Information Technology, 17, Information, Tourism and Youth Services, 18. Irrigation, 19. Kannada and Culture, 20. Labour, 21. Law 22. Parliamentary Affairs and legislation, 23. Public Works, 24. Revenue, 25. Rural Development and Panchayati Raj, 26. Social Welfare and 27. Women and Child Welfare. Government has established Training Institutes in all the districts of the

state, under the Administrative Training Institute at Mysore. There is also the Karnataka Government Secretariat Training Institute at Bangalore, which imparts training to the staff of different categories and levels. Kannada is the official language of the State and Kannada alone should be used in correspondence in all the Government offices except in correspondence with the Central Government, other State Government offices and courts. Several Steps have also been taken to modernise the administrative system by the introduction of computers in some departments in technical consultation with the Karnataka Government Computer Centre and the National Informatics Centre, Bangalore. The State Government has appointed Karnataka Administrative Reforms Commission in 2000 with former minister Haranahalli Ramaswamy as its

Chairman. The Committee has already submitted its Interim Report in January 2001.

Panchayat Raj in Karnataka

During the course of these four decades (1952-1993) radical changes have been brought into practice in the concept, structure, constitution and modus operandi of Panchayat Raj institutions in practice in Karnataka by enacting progressive legislations by the successive Governments in power in order to translate the concept of decentralisation and ‘Grama Swarajya’ and ‘Surajya’ in to a reality. After the Reorganisation of the State, in 1960, a unified a comprehensive Panchayat Raj Act known as Karnataka Local Boards and Village Panchayats Act 1959, came into being since 1960. Under this Act, Village Panchayats at the village level, Taluk Development Boards at the Taluk level and District Development Councils for each district were constituted. Under the above threetier system of administration, only the Village Panchayats and Taluk Development Boards had elected representatives. The District Development Councils were mere advisory bodies comprising of Government officials of the

development departments works and schemes were non-official members. In the above system most of the rural development works and schemes were channalised through Taluk Development Boards. Village Panchayats worked under the control of the Taluk Development Boards. This system of Panchayat Raj institutions continued till 1983. In order to have decentralisation in administration, at the Mandal levels, increased people’s participation in the process of development etc., the earlier Act of 1959 was replaced by a new Act known as Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayat Act in 1983. This Act came into effect from

1985. The Nyaya Panchayats included in the Act did not come into existence. These new Panchayat Raj institutions came into being in the State in 1987 when the elections were held to these bodies for the first time. Franchise was extended to those completing 18 years of age. According to the new Act the three-tier, inter-linked development oriented institutions known as Mandal Panchayats at the village level, Taluk Panchayat Samithis at the taluk level and Zilla Parishads at the district were reconstituted. In the new system, only Mandal Panchayats and Zilla Parishads were having elected bodies. Taluk Panchayat Samithis remained only as supervisory or co-ordinating institutions between Mandals and Zilla Parishad and used to work under Zilla Parishads.In the new setup, Zilla Parishads were entrusted with more powers and

functions. They almost functioned like the Governments of the districts. Most of the development activities of the state were executed or carried through Zilla Parishads and Mandals. Nearly 80% of the total development expenditure was earmarked to Zilla Parishads. Except major and medium irrigation works, all other developmental works were entrusted to Zilla Parishads. Mandals had separate powers to carry out certain specified (27) delopmental works according to local neeeds. The impact to decentralised administration of Zilla Parishads, Mandal Panchayats was very much felt in rural areas specially in the improvement of attendance in primary schools, of both students and teachers and doctors in the rural hospitals and field staff of other departments as revealed by the evaluation committee on the working of Zilla Parishads and Mandal Panchayats.

The area of operation of a Mandal was fairly larger, compared to the earlier village Panchayat. Generally, a Mandal comprised a village or groups of closely associated villages covering a population between 8,000 to 12,000. Before their abolition in 1992, there were about 2,500 Mandals in the state. The term of office of the elected members was 5 years. There was a provision for the nomination of members from the backward communities to the council of a Mandal. In addition to 18% reservation of seats for the SC/ST communities, there was provision for reserving 25% of the total seats in all categories for women. This system of local administration continued for the period of 5 years till 1992. The total number of elected members of Zilla Parishads were 887 and of them 175 were from the SC/ST communities., and 211 women. The

total number of elected members of 2,469 Mandal Panchayats were 55,188, and of them 11,968 were from SC/ST communities and 14,025 women members of all categories.

Karnataka Panchayati Raj Act 1993

In order to further strengthen the functioning of rural Panchayati Raj institutions in the state by decentralisation at the appropriate level and to improve the quality of functioning, to provide social justice by means of extending additional reservation facilities to SC/ST communities (23 percent), women and other backward classes (33 %} etc., the new Panchayati Raj Act was introduced. The New Act also contemplates the reservation of seats for the chair persons by rotation. The new Act has come into force from 10th May 1993. It is a comprehensive enactment to establish a three-tier Panchayat Raj system in the state with elected bodies at the Village, Taluk and District levels. It is enacted keeping in view of the 73rd Constitution Amendment relating to Panchayats. It ensures greater participation of the people and more effective implementation of rural development programmes. Panchayat at the taluk under the new Act, there will be a Grama Panchayat for a village or group of villages, at the Taluk level, and the Zilla Panchayat at the district level. All the three institutions will have elected representatives and there is no provision for nomination by the Government to any of these councils. Karnataka is the first state in the country to enact new Panchayat Raj Act incorporating all provisions of 73rd Amendment

to the Constitution. In accordance with the provisions of the present Act, the elections to 5,645 Grama Panchayats were held in December 1993 for nearly 79,865 seats of which 23,454 were women, whereas elections to Taluk Panchayats and Zilla Panchayats were held in March 1995. The number of members elected to Z.illa Panchayats and Taluk Panchayats are 919 and 3,340 respectively. Over two crore voters have exercised their franchise in these elections. In 1999-2000 there were 5,692 Gram Panchayat with a total number of 73,547 (30,155) Taluk Panchayats 3,340 (1345) and zilla Panchayat 919 (335) in the state. Figures in bracket indicate women members).

In the new Act provision has been made for setting up a Destrict Planning Committee, Finance Commission and Permanent Election Commission. It is reported that in these elections women will secure 40% representation in Taluk Panchayats and 36% in Zilla Panchayats, the SC and ST communities getting 18% and 5% seats respectively. The backward castes in A category will get 27% reservation in T.Ps and 26% in Z.P.s. The backward class in B category will get 7% in both the Z.Ps and T.P.s and general category will get 40% reservation in both bodies. To facilitate early elections to Gram Panchayats the Karnataka Gram Panchayat Act (2nd Amendment) - Ordinance 1999 was

promulgated to amend section 4 & 5 of the Act on 28.1.1999 . That State Government has also framed the Karnataka Zilla Panchayat at (business) Rules 1998 pertaining to monthly allowance to member, annual grant to Gram Panchayat and convening Gram Sabhas in every village. To make Panchayat Raj institution more accountable and responsive, government has recently introduced the Panchayat Jamakhandi.

ADMINISTRATION in Karntaka

Many of our administrative institutions were the legacy of the administrative arrangements that existed in the past. The text on Hindu polity like Manusmriti, Arthshastra, Kamandaka’s Nitishastra did influence administration in Karnataka as elsewhere in India in ancient period as testified by inscription dating back to more than 1200 years. There were Nadus of 12 villages or 30 villages like Kisuvolal-6, Mulgunda-12 or Honnathi-12, or Kolanur-30 or Navilgunda-30 the figures indicating the number of villages in the Nadu. There were bigger units like Nagarakhanda-70, Rattapalli-70, , Hangal-500 and districts like Belvola- 300. Terachuvadi-1000, uhundi-3000, but provinces like Banavasi-12000, indicated that it had 12 districts, Nolambavadi-32000, had 32 districts. During the ancient period when kings ruled the land, the kingdom was divided into Maharastrakas (zones) and Rashtras or Deshas or Mandalas or provinces. Under these provinces were a number of districts called Nadu or Vishaya and each district had a certain number of villages or ‘gramas’ attached to them. Every province had a senior Viceroy or Governor to administer it apart from the hereditary local officers. Districts had Nadagavundas with certain powers invested in them. There were several village level officials called Patela, or Gouda (evolved from gramakuta) a village headman who did police duties also. Revenue records were maintained by the Shanbhogues or Senobhova or Kulkarni (Karanika or clerk) as mentioned in many inscriptions. Revenue records were called Kadita and officer in charge of it as Kaditavergade. Revenue administration formed the foundation of all administrative matters. The village headman had under him the totis, talaris, sanadis or ugranis who were the village militia. When the British took over Bombay and Madras-Karnatak region they appointed Collectors for districts, Mamlatdar or Tahsildar under them for taluks, and Revenue officers for circles. The village heriditary officials also continued. The old Mysore area which was under Wodeyars came under the British commissioner’s rule in 1831. During this period (1831-1881) the British system of administration was gradually introduced and in 1881 the State was restored to Mysore Wodeyars. Until 1-8-1986, the State was divided into 4 divisions comprising 19 districts, 49 sub-divisions and 175 taluks. With the creation of Bangalore Rural District in the same year the number of districts rose from 19 to 20 while the number of sub-divisions and taluks remained the same. Bangalore Rural, Chikmagalur, Chitradurga, Hassan, Kolar, Mysore, Mandya, Shimoga and Tumkur constitute the old Mysore state as it existed from 1799 to 1953. The present Bellary district was transferred to Mysore from Madras state in October 1953 by which time the princely state of Sandur was already merged in the district. Kodagu district as it exists now was a group C state. The present Dakshina Kannada

district was part of Madras Presidency till 1.11.1956, as also Kollegal taluk of Coimbatore district which was included in Mysore district. The present districts of Belgaum, Bijapur, Bagalkot, Dharwad, Haveri, Gadag and Uttara Kannada districts were in Bombay State. The whole or portions of former princely state viz. Ramdurg, Jhamkandi, Miraj Senior, Miraj Junior, Kholapur, Kurundwad Junior, Sangli, Audh, Mudhol and Savanur are found interspersed in Belgaum, Bijapur and Dharwad districts.

Earlier the district of Bijapur, Belgaum and Dharwad and Uttara Kannada were under the Bombay Presidency. These districts constitute Belgaum division. The districts of Gulbarga, Bidar and Raichur were in the former Hyderabad state. They constitute Gulbarga Division with Bellary district merged from Madras Presidency. Kodagu, a group C state ruled by a Commissioner was made into a separate district and was merged into Mysore Division into which Dakshina Kannada, Mandya, Shimoga, Hassan, Chikmagalur and Mysore were included. Kollegal taluk from Coimbatore district was made a part of Mysore district. Bangalore division has Bangalore, Bangalore Rural, Tumkur, Chitradurga

and Kolar.

The areas now included in Karnataka experienced administrative changes necessitated by the merger of princely states, by Federal Financial Integration and by State’s Reorganisation. As many as 573 villages which formed part of 13 States have been merged in Belgaum, Bijapur and Dharwad districts. Sandur State was merged in the Bellary district. The merger rendered it necessary to extend the administative system and laws of the absorbing unit to the merged areas. There was also the problem of integration of services. Federal Financial Integration affected only the areas which formed part of the former princely states of Mysore and Hyderabad. The departments in these states which were dealing exclusively with subjects in the Union List such as Railways, Posts and Telecommunications, Broadcasting, etc., were transferred to the Central Government. Composite departments like the Excise Department and the Income Tax and Sales Tax on income had to be bifurcated and the staff, records etc.,

attributable to the subjects in the Union list were transferred to the Central Government. The State Reorganisation was implemented on 1st November 1956 which resulted in the District officers being designated as the Deputy Commissioners in the whole state and they were assisted by the Assistant Commissioners at sub-divisional levels and the Tahsildars at the taluk levels. In August 1997, seven more new districts (see table) were newly formed raising the number of districts in the State to 27 vide Revenue Secretariat Notification No. RD. 42 LRD 87 (P-III) Bangalore dated 2nd August 1997 & No. RD. 42 LRD 87 (P-III) Bangalore dated 4th August 1997 (for Koppal District)