ABOUT OURSELVES:

 

ABOUT US

  1. Mandates of Division
  2. Duties of Commissioner
  3. Role & Functions of Commissioner

 

 

        1. Mandates of the Division:

    The Office of Divisional Commissioner coordinates the activities of various Divisional level Departments and the six

Revenue Districts/ seven Police Districts within the Division (see Directory). The tasks are carried out by the following officers and staff functioning from the core office:

 

Sl.

Post/Designation

Name of Officers

Telephone Nos. (code 91-0621)

Office

Residence

1.

Commissioner

Sri H.R.Srinivasa IAS

2212103

2212972(Fax)

2212104

2212202(Fax)

2.

Secretary to Commissioner      

Sri Shyam Kishore, BAS

2212972

2213134

3.

Regional Development Officer

Smt. Punita Srivastava, BAS

2213962

 

4.

Dy. Transport Commissioner

Smt. Punita Srivastava, BAS

 

2221157

5.

Dy. Director, Welfare

Sri Ratan Kumar

 

 

6.

Dy.Director,Food & C.Supply

Smt. Punita Srivastava, BAS

 

2228221

7.

Dy. Director, Panchayati Raj      

Smt. Punita Srivastava, BAS

2213962

2247688

8.

Dy. Director, National Savings

Smt. Punita Srivastava, BAS

 

 

9.

Dy. Director, Raj Bhasha

Smt. Punita Srivastava, BAS

2213962

2247688

10.

Dy. Director, Public Relations

 Sri Biddubhushan Kumar

260270

 

11.

Dy. Director, Physical Education

 

 

2255017

12.

Dy. Director, Statistics

Sri Brajesh Trivedi ,BSS

 

 

13.

Regional Planning Officer

Sri Brajesh Trivedi ,BSS

 2221027

 

14.

Superintending Engineer, GADA

 

 

 

 

Divisional level Technical, Development, Police and other Regulatory Departmental officers viz Dy. Inspector General of Police-Tirhut Range, DIG of Police- Champaran Range, Conservator of Forest, Chief Engineers/ Superintending Engineers of Electricity Board/ Water Resource, (Irrigation/ Canal/ Embankment/ Flood Control)/ Minor Irrigation/ State Tubewells/ Public Health Engineering/ Road Construction/ National Highways/ Rural Engineering Organisations/ Building Construction, Jt. Commissioner of Commercial Taxes, Jt. Cane Commissioner, Dy. Commissioner of Excise, Dy. Labour Commissioner, Jt. Registrar of Cooperative Societies, Jt. Director of Agriculture, Regional Director of Animal Husbantry, Regional Dy. Director of Health, RDD of Education, Dy. Director of Fisheries, Dy. Director of Horticulture, Dy. Director of Mines, Dy. Director of Industries etc function independently from their respective offices under the overall supervision/coordination of the Divisional Commissioner.

           2. Duties of Commissioner (summery)

 

                    The duties performed by the Divisional Commissioner is summarized as follows:

 

(a) General Administration and supervision as Head of the Division;

b) Land Revenue Administration, Revenue Collection and Mobilization of Internal Resources;

(c) Supervision and monitoring of Rural Development Schemes and other Departmental Programmes;

(d) Maintenance of Internal Security, Law & Order including supervision of Police & Magistracy;

(e) Preparation for Disaster Management Plan, Flood control and Relief measures;

(f) Control, supervision of and guidance to the District Collectors and other officers;

(g) Co-ordination with various Departmental Officers of the Division;

(h) Court work to hear and dispose of appeals/ revision petitions relating to Revenue, Supply, Arms, House Control, Service, Certificate cases and other matters;

(i) Regulation of Transports, grants of permits to commercial vehicles as Chairman of Regional Transport Authorities;

(j) Implementation of Integrated Irrigation, Soil Conservation, Agriculture &Research Programmes .

(k) Supervision & conduct of elections to Parliamentary, Bihar Legislative Assembly & Council, Panchayati Raj and Municipal Bodies.

 

Commissioner as Chairman:

In addition, the Divisional Commissioner is the Chairman of various Bodies/Committees some of them are:

1] North Bihar Regional Transport Authority

2] Research Institute of Prakrit Jainology and Ahimsa, Basokund

3] SK Medical College & Hospital, Muzaffarpur (Governing Body)

4] Corpus Fund Monitoring Committee of SKMCH

5] Regional Diagnostic Centres, Muzaffarpur & Motihari

6] Establishment Committee for Basic Grade Medical Officers

7] Muzaffarpur Institute of Technology (Governing Body)-MIT

8] Standing Committee for Inter College Affiliation

9] Establishment Committee for Secondary School Teachers

10] Establishment Committee for Labour Enforcement Officers

11] Establishment Committee for Lady Supervisors of ICDS

12] Divisional Environment Committee

13] Task Force Monitoring Committee for Forest Conservation

14] Workshop & Evaluation Committee for Traditional Craftsmen & Artisans

15] Divisional Allotment Committee for Bihar State Housing Board

16] Sairat Reserved Price Fixation Committee

17] Bettiah Raj Land Lease & Settlement Committee

   

 

            3. (Role & Functions of Commissioner:

 

 

Government of Bihar

Department of Personnel

***

 

RESOLUTION

 

No. 210307                                                     PATNA 15 THE 28-11- 1972

 

Subject :- Role and functions of the Divisional Commissioner reorientation of.

The Bengal Revenue Commissioners Regulation, 1829 under which Divisional Commissioners are appointed, vests in then the power of superintendence and control over the magistracy and police, and the Collectors and others executive Revenue Officers, and until about the beginning of the Second plan period, functions devolving on the Divisional Commissioner related mainly to revenue administration and assisting government in the maintenances of law and order in critical situations, But soon thereafter as the tempo of developmental activities increased, need was felt to directly involve the institution of Divisional Commissioner for supervising and coordinating all developmental and welfare activities within the Division. With this object in view the State Government in Shri Rao's circular No.I/0I-1032/59A-4154 dated the 23rd March, 1959 defined the position of the Commissioner as the team leader for all developmental work within his Division.

2. However, based on the experience of more than a decade since the above circular was issued it has been found that between the State and the primary executing agencies, there has to be a nodal point invested with adequate authority to represent the total Government at the regional level, in the interest of quick and efficient implementation of plan programmes. The fact of the matter is that development, even more than maintenance of continuity and order, has become the business of the administrative apparatus today. Government have, therefore decided that hereafter the work of Divisional Commissioner should be completely reoriented towards development, with special reference to planning and implementation of Five Year plans and the major portion of his time should be spent on activities relating to development. In accordance with the above the role and functions of the Divisional Commissioner are set-out in the paragraph below:

A. ADMINISTRATIVE FUNCTIONS

(a) Statutory functions-Appeal & Revision.

(i) The Divisional Commissioner has to perform a number of statutory functions. A complete list of statutes, under which the Divisional Commissioner has been empowered to consider Appeals or Revisions, is annexed. It should be ensured that Appeals or Revisions are disposed of without delay. In case there is accumulation of cases, the Divisional Commissioner may send up proposals to Government for appointment of Additional Commissioners for expeditious disposal of these Appeal and Revisions.

(b) Maintenance of Law & Order.

(ii) The Divisional Commissioner will continue to help Government in controlling difficult law and order situations, and in giving necessary guidance to the District Magistrates and S.P. in times of emergency, in consultations with the D.I.G. of police. Where the emergency is grave, and in his opinion, the District Magistrate and the Superintendent of police together cannot be expected to control the situation, the Commissioner should have no hesitation to proceed to the spot, along with the D.I.G. of police, and take charge of the situation with a view to control it.

(c) Labour trouble.

(iii) Labour problem often crop up in industrial and mining areas and in industrial establishments scattered all over the State. This will requires careful watch and with the help of advance intelligence, the trouble will have to be nipped in the bud. The Divisional Commissioner being responsible for exercising control over law and order situation will, therefore, have to keep a careful eye on labour situations which might crop into serious trouble.

(d) Enquiry in all cases of police firing.

(iv) Under rule 621 of the police Manual, in all cases in which firing is resorted to by the police under order of the District Magistrate, the Additional District Magistrate, a Superintendent of police or an Additional Superintendent of police or a Commandant, the Divisional Commissioner, accompanied by the Range I.G. of police is expected to visit the locality to look into the circumstances of firing and the extent to which the relevant police Manual Rules and Executive Instructions have been observed. In all other cases of firing of serious nature, the Commissioner and the range D.I.G. should visit the locality immediately after the firing and give such guidance to the local officers regarding enquiry, relief and institution of cases, etc. as may be considered suitable and necessary.

(e) District reorganization:

(v) A comprehensive plan for reorganization of districts and sub-divisions has been worked out and Govt. orders have also been issued. Proper implementation of these proposals will take time anything between two to five years. Even after the new districts and subdivisions are set up, a great deal of work has to be done for taking further steps, so that the machinery set up may function efficiently and effectively. The entire work is controlled by the Administrative Reforms Commissioner at the State headquarters. He will have to be given all necessary support in regard to this work by the Divisional Commissioners in s far as districts and subdivisions within their Division are concerned. A large number of decisions have to be taken with the least possible delay and it will be upto the Divisional Commissioner to ensure that such decisions are taken and implemented without any impediment.

(f) Guidance to Distt. Officers & Divisional Heads of Departments.

(vi) With increase in the number of districts and subdivisions, the need for giving overall guidance to the District Officers by the Divisional Commissioner cannot be overemphasized. In fact there is greater need for it now as most of the I.A.S. Officers, holding charge of districts, will be having their first charge. They will also be getting charge of a district after completing only four years of service, and, therefore, they will require a great deal of guidance in day-to-day administration, which can only be provided by an experienced administrator like the Divisional Commissioner.

(vii) In principle it has been accepted by Government that decentralization of authority is a must for speedier and more efficient disposal of business. Accordingly every Department of Government will delegate as much power as possible to the Divisional Commissioner and the District Officers.

(viii) Most of the Departments of Government already have a divisional set-up. They will be delegating as much power as possible to their divisional heads. But there will always be need for effecting co-ordination in the activities of various Departments within the division. The Divisional Commissioner will provide the needed co-ordination and for that purpose he will frequently arrange co-ordination meetings at the Divisional headquarters, which will be attended by most of the Divisional Heads of Departments.

(g) Vigilance & anti-corruption work assistance in.

(ix) There has been considerable increase in corruption cases relating to Government servants during the last few years. A part from setting up a small Vigilance Cell in each Department of Government in the Secretariat, such cells are also to be set up at the Divisional and District headquarters. The work relating to vigilance and Anti-corruption will have to be coordinated at the Divisional level by the Divisional Commissioner. The Vigilance Commissioner and the Additional Secretary, Vigilance Branch of the Anti-corruption Department will be visiting the Divisional headquarters from time to time and they have to be given full support and co-operation by the Divisional Commissioner and his organisation for tackling the work relating to Anti-corruption and Vigilance. An Advisory Board has also been set up to tackle corruption and they will be visiting the Divisional and District headquarters form time to time. They will also have to be given all necessary help in carrying out to time. They will also have to be given all necessary help in carrying out their duties. The Commissioner will see to what extend vigilance and anti-corruption work is being carried out in each district and help in stepping up the operations district wise.

B. DEVELOPMENTAL FUNCTIONS

(a) Area Planning

(x) Both the planning Commission and the Union Government have paid considerable stress on area planning, with reference to planned development. The area may be parts of districts. Therefore, a great deal of coordination in planning will be required and this can be provided only by the Divisional Commissioner. Where area planning overlaps two Divisions, the Development Commissioner will come into the picture for the purposes of coordination.

(b) Role as Divisional Development Commissioner.

(xi) The Divisional Commissioner is the principle instrument through when all development projects, schemes, and programmes have to be executed in the Division. In this capacity:-

(a)  He will function as Divisional Development Commissioner in respect of the area under his charge.

(b)  He will exercise full control over the work of the Divisional Heads of Departments concerning development.

(c)  He will write the Annual Confidential Reports on the Divisional Heads of Department.

(d)  It will be his responsibility to examines the district plane, and review periodically the progress of implementation of the district plans in all spheres of activity.

(e)  He will attend, as far as practicable, every meeting of the District Coordination Committee for developmental activities, so that it is possible for him to give not only general guidance but instructions on the spot for coordinating the activities of different department at a level higher than that of the district.

(f)   He will send periodical reports to various Departments of Government regarding the implementation of projects with which they are concerned.

(g)  He will be vitally concerned in area development activities, with special reference to agricultural production.

(h)  He will be responsible for ensuring that special projects, sanctioned by various Ministries of the Government of India, are implemented successfully. He should make a periodical review of the progress of these special projects.

(i)    He will also make a special review of the various employment schemes sanctioned by the state Government and the Union Government from time to time.

(c) Resource mobilization for development.

(xii) Mobilisation of resources in order to enable the State Government ot have proper Five Year Plans is also of considerable importance. It is quite clear that the pace of development cannot be accelerated without raising more resources. Therefore, the Divisional Commissioners will have to keep an eye on the working of the departments which are considered major revenue-earning departments like, Commercial Taxes, Excise, Mines, etc. Every effort has also to be made to ensure that Government dues on account of water supply from major and medium irrigation schemes are collected to the maximum. The Divisional Commissioner will also have to help during the concerted drive for realization of cooperative dues from April to June every year and in mobilization of National Savings throughout his Division.

(C) REVENUE FUNCTIONS

Land reforms and revenue administration.

(xiii) Government have embarked on a large number of special programmes in respect of Revenue Administration. They are too numerous to be recounted here. However, the more important programmes relate to:-

(a)  Launching drive for disposal of 5 lakh cases for final payment of compensation to intermediaries.

(b)  Imposition of land ceiling in rural areas and distribution of excess land.

(c)  Imposition of a ceiling on urban property.

(d)  Registration of privileged persons' homestead tenancy.

(e)  Completion of consolidation of holding within 3 to 5 years.

(f)   Disposal of 1 lac cases in regard to encroachment on Government land.

The Divisional Commissioner will exercise overall superintendence and control over the implementation of these programmes through the Collectors, Settlement Officers, etc.

(xiv) The land Revenue programmes are time-bound. It is also one of the most important items which can lead to growth with social justice. Therefore, it will be the responsibility of the Divisional Commissioner to ensure that the time tables are adhered to without any slip. To secure that he will keep constant touch with the Member of the Board of Revenue, the land reforms Commissioner and other officers, and also the Secretary, Department of Personnel, and make sure that the programme does not suffer for want of personnel. Also, the work in regard to different Revenue programmes will have to be inspected at frequent intervals.

(D) URBAN DEVELOPMENT

(xvi) The Divisional Commissioners have to perform certain supervisory functions in respect of local bodies, particularly the Improvement Trusts and also the Patna Municipal Corporation. In addition they have some statutory functions to perform in relation to the Municipalities and notified case committees under the Municipal Act. It is equally necessary that they take interest in matters concerning urban development, with special reference to keeping the urban areas clean, augmentation of revenue of the urban local bodies, ensuring proper functioning of the Improvement Trusts and the like.

(E) FAMILY PLANNING

(xvii) Family Planning has not made much headway in the State, except during the last few months. The per capita income of the State will not increase appreciably unless population is controlled. One of the biggest draw-backs in the implementation of the Family Planning Programme is lack of buildings, especially in rural areas, in the Subdivisions and the Blocks. Apart from making available land for the purpose of construction of these buildings, it will also be necessary to coordinate the activities of the various Department so that maximum number of buildings are built with the minimum possible delay. Unless there are residential quarters in the rural areas, it is very difficult to persuade the members of the Family Planning stag to go and live in the villages. This work naturally requires a great deal of coordination. This can be done only by the Divisional Commissioner taking a positive interest in the programme.

(F) CONTACT AND TOURS

(a) Contact with Ministers & Tours.

(xviii) The Ministers of the State Government are out on tour to various places in the State. Commissioner should take the opportunity of meeting the Ministers when they come to the Divisional Headquarters, or when he meets them during his tours, and keep them informed of the conditions prevailing in the districts, comprised in the Division with special reference to matters relating to Departments of individual Ministers.

(b) Contact with Legislators

(xix) The Members of the Legislature have a prominent part to play in the administration of the State. Apart from their legislative functions, on account of their frequent visits to their constituencies and to other areas, they can be justifiably regarded as the eyes and ears of the by them to the Executive may be extremely useful and should be taken note of carefully.

(c) Tours.

(xx) The Commissioner is expected to tour regularly within his jurisdiction and carry out detailed inspections. Detailed standards of tours and inspections in the Revenue and Development fields have been prescribed for them. The minimum number of days to be spent on tour and nights spent away from headquarters by each Divisional commissioner should be as follows:-

Period Days on tour Nights away from Headquarters

1. Period of 12 Months. 120 90

from 1st April to 31st March

2. Minimum in any Quarter 25 18

The Commissioner is expected to spend atleast a month annually in each district of his Division. His inspections have to be detailed and exhaustive.

3. Earlier government orders and instructions regarding the duties and functions of the Divisional Commissioner should be deemed to have been amended and enlarged to the extant noted above.

 

Order

Ordered that a copy of this Resolution be Published in the Bihar Gazette for the information of all concerned.

 

 

By order of the Governor of Bihar,

 

 

(P.K.J.Menon)

Chief Secretary to Government

 

Memo No.21307 Patna -15, Dated the 28-11-1972

 

 

Copy to All Departments of Government

All Heads of Departments

All Commissioners of Division

All District Officers,

For information and necessary action.

 

 

Deputy Secretary to Government.

 

ANNEXURE

Statutory functions of Divisional Commissioners.

 

Sl.No.

Name of the Act.

Section/Rule

Powers

Remarks

1

2

3

4

5

1.

Bengal Revenue Commissioners Regulations, 1829.

Rule 4

Power of Board of Revenue and Court of Wards, Subject to control and direction of the Sadar Board.

 

2.

C.N.T. Act.

Consequences of sections 4,9 and 217

To hear appeals against the orders of Deputy Commr.

 

3.

Case Act.

60

To hear appeal

 

4.

Bihar Agricultural Loans Act.

 

To sanction loan upto Rs.10,000/-

 

5.

Bihar Land Improvement Loans Act

 

To sanction loan upto Rs.10,000/-

 

6.

Bihar N.C.Loans Act

 

To sanction loan upto Rs.10,000/-

 

7.

Indian Forest Act

 

To hear appeals against orders of Collectors in Forest Settlement cases.

 

8.

Bihar Protected Forests Act.

29(3)

To hear appeals against orders of Collector.

 

9.

Indian Stamps Act

Note below Sec.56

To hear appeal

 

10.

Land Acquisition Act

 

No special power exists. But General Clauses Act provides that normally appeals against order of Collector, in absence of any specific provision, will be before Commissioner in Revenue matters.

 

11.

Privileged persons Homestead Tenancy Act.

 

12.

Bihar Restriction of Uses of Land Act 1948.

of 7

Appeals against the orders of Collector or Additional Collector.

 

13.

The Tuberculosis Sanatorium (Regulations of Buildings) Act, 1949

10 (1)

To hear appeal from an order of the sanatorium authority.

 

14.

Bihar Premises Requisitions (Temporary Provisions) Act,1949.

 

To hear appeals against orders of Collectors.

 

15.

Bengal Surgery Act, 1875

58

To hear appeal

 

16.

Court of Wards Act

 

 

 

17.

The Motor Vehicles Act, 1939

 

Chairman of R.T.A.

 

18.

The Bengal irrigation Act, 1876

91

To hear appeal

 

19.

The Bengal Embankment Act, 1882

84 & 85

To hear appeal

 

20.

Bihar Private Irrigation Works Act, 1922

2 (b)

Do

 

21.

S.P. Tenancy (Supplementary Provisions) Act. 1949

 

 

 

22.

S.P. Rent Regulations, 1885

 

 

 

23.

S.P. Justice Regulations, 1893

 

 

 

24.

Bihar Land Reforms Act, 1951

 

 

 

25.

Bihar Tenancy Act.

 

 

 

26.

Bihar Buildings ( Lease, Rent, & eviction) Control Act, 1947

 

 

 

27.

Bihar & Orissa Public Demands Recovery Act, 1914

 

 

 

28.

Bihar Public Land Encroachment Act, 1946/1956

 

 

 

29.

Bihar Land Reform (Fixation of Ceiling Area and acquisition of Surplus Land) Act, 1961

 

 

 

30.

Bihar Bhoodan Yagna Act, 1954

 

 

 

31.

Arms Act, 1959

 

 

 

32.

Bihar Sugar Dealers (Licensing ) Order.

 

 

 

33.

Bihar Gur Dealers (Licensing) Order.

 

 

 

34.

Bihar Edible Oil Wholesale Dealers (Licensing) Order.

 

 

 

35.

Bihar Rice Milling Industry (Regulation Act.)

 

 

 

36.

Bihar Coal Control Order.

 

 

 

37.

Bihar Cement Control Order.

 

 

 

38.

Bihar Minor Mineral Concession Rule, 1964.

 

 

 

 

 

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