GOVERNMENT OF PUDUCHERRY LAND RESOURCES MANAGEMENT IN FRENCH INDIA – A PUDUCHERRY EXPERIENCE Presented by G. THEVA NEETHI DHAS, Collector-cum-Additional Secretary (Revenue) Department of Revenue and Disaster Management Puducherry Region Karaikal Region Mahe Region Yanam Region FRENCH LAND ADMINISTRATION SYSTEM • Initially, the Government was considered the sole proprietor of all the lands. • Lands were farmed out for 5 years. Renters leased out to ryots under “Adamanam” • Two Types of Adamanam (1) Varam - Production is shared (2) Tirvai – Fixed rent. • TABELLION: A notary registering “Adamanams” (By Edict of 1769) • AMALDERS: Tax collector for a group of villages. • Ownership transferred to French citizen on payment of price @ 15 years harvest on 15 years instalments (by Ordonnance Royal dated 25.10.1826), contd. • Contract between the rentor and the cultivator duly signed by the parties and by “e’crivain” (Village Officer), called patta issued, providing assured possessory right. • Bureau de Domaine registered the patta. • Land permanently transferred to private parties (Ordonnance Royal dated 7.6.1828). • Other types of lands - (1) Adamanam lands (2) Poramboke lands (3) Public lands. TAX ADMINISTRATION. • Re’gisseurs (patta maniagars) prepared the nominal list containing remission, arrears and advances after making inspection and enquiry. • Receveur du Domaine – verified the nominal list, heard the parties and submit to the Governor for approval. • The arrete dated 19.2.1853 extended general remission of taxes. • The Imperial decret dated 16.1.1854 confirmed the right of full ownership with independent saleable rights to all the land holders The decret further reclassified the lands in the following manner: - holdings belonging to the proprietors - lands assigned with/without rent. - Govt. lands to be leased out. REGISTRATION SYSTEM DURING FRENCH PERIOD • There were three categories of law professionals - Avocat (Barristers) – Independent practitioner - Avoue (Court Officers) Public Officer - Notaires (Notary) – The French Notaire system is different from British system. – The Notaire were appointed by Minister of Justice who exercised control over the Notaires. 13 Notaires were appointed in the French India territory. – The Jurisdiction of Notaires is called ressort. – The condition for appointment of a Notaire - (1) he should be French citizen. (2) he should satisfy the demands of military service (3) he should have completed 25 years of age. (4) he should posses a degree in law or a certificate in law or service of 2 years as a principal clerk in the Notary’s office in France. contd. • For French Settlements in India, the body of Notaire was provided for by a Edict dated 18.11.1769, periodically amended and lastly provided by a decree dated 24.8.1887 • The notaire received all the actes which the law required or parties desire to be given authenticity. • The notaire actes were ultimately transcribed in a Govt. Office called Bureau de Hypotheque, in whose registers the notaire actes were transcribed by the Conservator des Hypotheques who would issue certified copies, encumbrance certificates on properties and persons. The originals of the actes should always be with the notaire and the notaire was competent to delivery engrossed copies. • The notaire was also required to keep a list of all the deeds received by him and the list shall be countersigned and numbered by the President or Judge of the Court. A separate list shall be kept by the notaire regarding the Will and after the death of the testator the Will shall be transcribed in the registers of Convervator des Hypotheques. • The notaire actes were of conclusive evidential value until impeached for falsity and had the high evidential value or probative force. Contd. • The French Civil Code (art. 1317) also speaks of a document which is binding only between the parties. Such instruments are signed by any public officer and such documents are purely private documents. • They were registered in a public office called Bureau de L’enregistrement. • The functionary in charge of the Bureau was called Receveur de L’enregistrement. • The original with sufficient no. of copies is registered on payment of necessary fees and returned to the parties. The Bureau also charge transfer duty (droit de mutation). • A copy of the deed was deposited and entered in a prescribed register they are also transcribed in registers kept in the Bureau de L’enregistrement and copies were issued from the registrar’s under the authentication of the Receveur. LAND SETTLEMENT IN PUDUCHERRY DURING FRENCH PERIOD • During 1806, land tax was collected on the basis of the register called “payemache”. • By an arrete dated 4th March 1887, Cadastre had been set up for the preparation of survey maps indicating the boundaries of the village and lands. • The Bureau of Cadastre was established by the arrete of 6th November 1889. • The arrete of 18th April 1898 envisages that every type of land-holder should be made liable to pay land tax and the funds so collected can be used for survey work. • The survey work in the different regions was undertaken by the arrete of 11th August 1914. Type of land records prepared during cadastral survey • Plan parcellaire : map prepared on a scale of 1/2000 showing survey numbers for each revenue village. • Tableau Synoptique : Like modern Settlement Register – showing nature of lands, classification ownership, area. • Matrice Cadastral : Like modern RoR – showing pattadhar-wise details. • Fiche Cadastral : Extract of Matrice Cadastral Cadastral Map Tableau Synoptique Matrice Cadastral Various Survey Operations conducted in the U.T. of Puducherry • First - Cadastral Survey between 1887 – 1929 • Second - Re-survey operation –1968 • Third - Natham Survey – 1978 • Fourth - Town Survey - 1979 Introduction of Indian Laws • De facto merger on 1st Nov.1954 • De jure merger on 16th Aug. 1962 • On and from 9th January, 1962 the Registration Act, 1908, the Indian Stamp Act, 1899 and the Transfer of Property Act, 1881 were extended to the U.T. of Puducherry. • The Pondicherry Survey & Boundaries Act & Rules, 1967 • The Pondicherry Settlement Act & Rules, 1970 e-Governance Initiatives • Computerisation of Land Records • Computerisation of registration process • Digitisation of Field Measurement Books • Hosting of Land Record details in websites. • Hosting of GLR value in websites. • Issue of computerised RoR extract. COMPUTERISATION OF LAND RECORDS • The Settlement Register and Chitta (RoR) Register of all the 129 Revenue Villages in the Union Territory of Puducherry have been computerised. • Public have been issued with the computerised extract of RoR on payment of Rs.20/- per sheet across the counter without delay and in a transparent manner from the Taluk Offices and from the Directorate of Survey and Land Records. • An amount of 6.95 lakh have been collected through issue of computerised RoR extracts in the past two years. i.e. 34750 RoR copies. DISSEMINATION OF LAND DETAILS • Through KIOSKs – Installed in Collectorate, Directorate of Survey and Land Records and in each Taluk Office of U.T. of Puducherry. • Through website – www.pon.nic.in – For the Land Record details – For the GLR value DIGITISATION OF FMBs • The Field Measurement Books of 61 Revenue Villages have been digitised through Visionsurveyor Software. • Public have been issued with the digitised copy of FMB on payment • For the remaining 68 Revenue Villages in the U.T. of Puducherry, the action is being taken to finalise the vendor. STEAMLINING OF LAND TITLING • Exploring the feasibility of interlinking registration with mutation process. • For speedy property transaction – it is proposed to engage – Licensed Land Consultant – Licensed Land Surveyor – Licensed Land Draughtsman. after obtaining necessary legislative sanction. Proposed use of Modern Technology on Survey • Total Station Method • Global Positioning System (GPS) • Feasibility of Aerial Survey is being explored.
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