INTRODUCTION
The headman of a village community is called Lambardar. He is appointed by the District Revenue officer/District Collector in a village. The duties of Lambardar are to collect and supervise the collection of revenue of an estate. He is the representative of the village community and a link between the government and the public.
RELEVANT PROVISIONS
Section 4 (28), 36 to 38 of Land Revenue Act 1967.
Rules 17, 18, and 22 of Land Revenue Rules 1968
Cross Reference:
- Article 199 of the Constitution of Pakistan 1973
- Section 107 of CrPC 1898
WHO IS LAMBARDAR?
According to Sec. 4(28) of the Land Revenue Act, 1967
“Village Officer means any person appointed under this act whose duty is to collect or to supervise the collection of the revenue of an estate-and includes Kanungos, Patwaris. Zabtis, Kotars or Tapedar’s Peons, Arbabs, Rais and Headman”
APPOINTMENT OF LAMBARDAR
The right to be appointed as lambardar is not a vested right. Any person can be selected for the appointment as lambardar in an estate by the revenue authorities.
MATTERS TO BE CONSIDERED
1. Hereditary Claim:
In the first appointment of Lambardar, the hereditary claim is considered by the relevant authorities. Once the hereditary claim is not raised it can not be pleaded again. So a candidate for the appointment of lambardar having a hereditary claim always be preferred.
2. Property in Estate:
The extent of property in the estate, if there are no subdivisions of the estate, the extent of the property in the subdivision for which appointment is to be made, possessed by the candidate.
3. Services of Candidate or his Family:
Services of a candidate or his family for the country and nation are also kept in view by the appointing authority while making the appointment of the lambardar.
4. Personal Influence:
A candidate having personal influence, character, and ability in the estate is also preferred by the appointing authority while making an appointment of lambardar.
5. Freedom from Debtness:
Lambardar should be free from debts and this matter is kept in view while his appointment.
6. Strength & Importance of Community:
The strength and importance of community from which selection of a headman is to be made.
7. Education:
A candidate who is well educated is preferred for the appointment of lambardar.
8. Physical Fitness:
The physical fitness of the candidate for the appointment of the lambardar is also considered by appointing authorities.
GROUNDS WHEN LAMBARDAR IS DISMISSED:
Following are two circumstances when Lambardar is dismissed.
(I) Mandatory Dismissal/When Lambardar must be dismissed
(II) Discretionary Dismissal/When Lambardar may be dismissed
(I) MANDATORY DISMISSAL
A Lambardar must be dismissed on the following grounds;
Conviction of an Offence:
A headman shall be dismissed when he has been, on conviction for an offense involving moral turpitude, sentenced to imprisonment for a term of not less than six months.
Ceases to Possess Interest:
A headman shall be dismissed when in an estate owned altogether or chiefly by Government, he ceases to possess the interest which led to his appointment.
Ceases to be Land Owner:
A headman shall be dismissed when in any other estate he ceases to be a land owner in the estate or sub-division of the estate in respect of which he holds office.
Mortgages his Holding:
A headman shall be dismissed when he has mortgaged his holding and has delivered possession of the holding to the mortgagee provided that in special cases the collector may, with the commissioner’s sanction, retain him in his office, if he can furnish adequate security for the payment of the revenue he has to collect and for the due discharge of his duties
Transfer of Holding:
If the property or holding of the Lambardar has been transferred in the proceeding then in such a situation he may be dismissed from his office.
Annulment of Holding:
If the holding of the Lambardar has been annulled by the Board of Revenue because of the non-payment of the Land revenue for more than one year then in such situations the Lambardar may be dismissed from his office.
(II) DISCRETIONARY DISMISSAL
If the following conditions are met then in such situations the Lambardar may be dismissed from his office.
Criminal Proceedings against Headman:
A Lambardar may be dismissed from his office when any criminal proceedings which have been taken against him show that he is unfit to be entrusted any longer with the duties of the headman.
Indebtedness:
A Lambardar may be dismissed from his office when he is seriously embarrassed by debt, or if his unencumbered holding is so small as to disqualify him in the collector’s opinion, for the responsibilities of a headman.
No Provision of Security:
If the Lambardar fails to provide the security for the collection of the dues of the Government for which he is responsible then in such situations he may be liable for the dismissal from his office.
Small Holding:
If the holding of the Lambardar is so small that it can not be given in security then in such a situation he may not be appointed as Lambardar or if he is already a Lambardar then in such a situation he may be dismissed from his office of Lambardar.
Age Factor:
If Lambardar is too old to fulfill his duties as a Lambardar then in such a situation he may be removed from his office.
Mental Incapacity:
If the Lambardar is mentally incapable to perform his duties then in such situations he may be removed from his office.
Physical Incapacity:
If the Lambardar is physically incapable to perform his duties then in such situations he may be removed from his office. If the Lambardar is paralysed then he can not be appointed as Lambardar. And if he is already a Lambardar then in such a situation he may be removed from his office.
Absence from Estate:
If a Lambardar is habitually absent from his village and makes no arrangements for a substitute or for the performance of his duties during his absence, he would be liable to dismissal.
Illicit Distillation:
A Lambardar may be removed from his office if there is reason to believe that he has taken part in or concealed illicit distillation.
Smuggling:
A Lambardar may be removed from his office if there is reason to believe that he has taken part in the smuggling of food grains, cocaine, opium, or charas.
Unconstitutional Agitation:
A Lambardar may be removed from his office if he takes part in any unconstitutional agitation against the Government or fails to give his active support to the Government in the maintenance of Law and order.
Negligence in Discharge of Duties:
A Lambardar may be removed from his office if he neglects to discharge his duties, or is otherwise shown to be incompetent.
Failure of Report:
A Lambardar may be removed from his office if he fails to furnish the reports which are necessary to be given by him to the Government.
Attachment of Property:
A Lambardar may be removed from his office if the estate or sub-division thereof, in respect of which he holds office or his own holding, is attached, either for an arrear of Land Revenue or by order of any court.
DUTIES OF LAMBARDAR:
The duties of Lambardar are as under Rule 22 of the Land Revenue Rules, 1968.
1. Collection of Land Revenue:
A headman shall collect, by the due date, the land revenue and all sums recoverable as land revenue from the estate or sub-division of the estate in which he holds office.
2. Payment to Government:
A headman shall pay the same personally or by revenue money order or by the remittance of currency notes through the post or at the place where treasury business is conducted by the state bank of Pakistan or any other bank by cheque on a local bank at the place and time appointed on that behalf to the Tehsildar concerned.
3. Rents Collection:
A headman shall collect the rents and other income of the common land and accounts for these to the persons entitled thereto.
4. Receipt of Collection of Land Revenue:
A headman shall issue receipts in Form (I) to the Landowners and others in token of having recovered the Government dues from them.
5. Report of Encroachment:
A headman shall report to the Tehsildar all encroachments on roads (including village roads) or on the government’s wastelands and injuries to or appropriation of Government property situated within the estate.
6. Report of Injury to Public Buildings:
A headman shall report any injury to public buildings in the estate.
7. Implementations of Collector’s Orders:
A headman shall implement to the best of his ability, any orders that he may receive from the collector requiring him to furnish information or to assist in providing on payment supplies or means of transport for troops or for officers of Government on duty.
8. Assistance of Collector:
A headman shall assist, in such manner as the collector may from time to time direct, at all crop inspections recording of mutations, surveys, preparation of records of rights, or other revenue business within the estate.
9. Duty to Summon:
A headman shall attend the summons of all authorities having jurisdiction in the estate, and assist, when so required by them, all officers of the Government in the discharge of their duties.
10. Duty to Furnish all Information:
A headman shall furnish all relevant information on this behalf.
11. Duty to act on behalf of Land Owners:
A headman shall, generally, act for the land owners, tenants, and other residents of the estate or sub-divisions of the estate in which he holds officer in regard to their responsibilities to the Government.
12. Duty to Report Death or Outbreak of Disease:
A headman shall report to the Patrwari the death/disease of any rights holders in the estate or sub-division of the estate in which he holds office
13. Duty to Report of Breach in Canals:
A headman shall report any breach or cut in a government irrigation canal or channel to the nearest canal officer zilladar or canal patwari.
14. Assistance in the Enrolment in the Military:
A headman shall under the general or special directions of the collector use his good offices to assist all officers of Government and other persons duly authorized by the collector, in the enrolment of military personnel.
15. Duty to give a report of Marriage:
A headman shall give the report of marriage or remarriage.
16. Duty to Defray Joint Expenses:
In addition to the duties imposed upon the headman under any other law, a headman shall defray joint expenses.
17. Duty to Report Absence of a Person:
In addition to the duties imposed upon the headman under any other law, a headman shall report the absence of a person.
18. Assistance to Govt. Officers:
It is the duty of Lambardar to render all possible help to the officers of the Government who may happen to be in his revenue estate for executing Govt public work.
19. Assistance to Postman:
It is the duty of the village officer to help the postman of the village in case of need.
20. Care of Govt. Properties:
The village officer should take care of the Govt. properties.
REMUNERATION FOR DUTIES
The headman shall be paid the following remunerations for his services
- for the collection of land revenue 5% of the amount of land revenue collected
- for the collection of water rate 3 of the amount collected
- for the collection of the following
- rehabilitation fee
- historical mosque fund cess
- temporary cultivation lease money and cash rent
- consolidation fee
- development cess
Restrictions
- The remuneration of the Lambardar fee shall be calculated on the actual amount collected and not on demand.
- The remuneration for the collection of land revenue (Pachotra) is a surcharge and is to be recovered from the land owners in addition to the land revenue.
- In the case of the water rate and the fees and cesses mentioned in sub-rule 2, the commission payable to the Lambardar is not recovered as a surcharge but is deducted from the amount recovered.
PUNISHMENT FOR NON-FULFILLMENT OF DUTIES
Where a headman commits a breach of or neglects the duties imposed on him by rules or by under any other law for the time being in force, the collector may, after giving him an opportunity of showing cause against the proposed action, by order direct that,
Forfeiture of Property:
The emoluments of his office be withheld and forfeited to the Government for a term not exceeding one year.
Suspension from Office:
He may be suspended from office for a term not exceeding one year.
DISMISSAL OF LAMBARDAR
Conviction of an Offence:
A headman shall be dismissed when he has been, on conviction for an offense involving moral turpitude, sentenced to imprisonment for a term of not less than six months.
Ceases to Possess Interest:
A headman shall be dismissed when in an estate owned altogether or chiefly by Government, he ceases to possess the interest which led to his appointment.
Ceases to be Land Owner:
A headman shall be dismissed when in any other estate he ceases to be a land owner in the estate or subdivision of the estate in respect of which he holds office.
Mortgage his Holding:
A headman shall be dismissed when he has mortgaged his holding and has delivered possession of the holding to the mortgagee provided that in special cases, the collector may, with the commissioner’s sanction, retain him in his office, if he can furnish adequate security for the payment of the revenue he has to collect and for the due discharge of his duties.
MINOR AS LAMBARDAR
A minor is not incompetent to be appointed as lambardar under Land Revenue Act 1967. A minor can be appointed lambardar if he otherwise qualifies.
FEMALE AS LAMBARDAR
A female can be appointed as Lambardar if she is the sole owner of the estate or gives the preference for a special reason.
GOVT. SERVANT AS LAMBARDAR
A Govt. Servant cannot be appointed as Lambardar in an estate.
IMPORTANCE OF THE LAMBARDARI SYSTEM
Lambardari’s system is very important in order to collect and supervise the collection of the revenue of an estate He served as an agent of the government to help the administration in maintaining law and order.
CONCLUSION
It is concluded that Lambardar is the leading personality of the village tribe/community and performs different functions regarding revenue matters. The appointing authority takes into consideration different matters while selecting Lambardar. The appointment of Lambardar is the discretionary power of the District Revenue Officer/Collector and cannot be claimed as vested night.
FAQs
Define the term village Officers and discuss the law relating to the appointment and dismissal of a Lambardar. Also, give the reasons for retaining the office of the ‘Lambardar’ in this era of digitalization.
(2018-S)
Define the term village officer. Highlight the importance of the “Lamabardari System” and throw light on the matters to be considered for the appointment of the first “Lamabardar” in a village. Also, State the duties to be performed by a “Lambardar”.
(2017-A, 2016-S, 2016-A)
Lambardar is considered to be a very important unit of revenue administration in Punjab. Highlight its importance by discussing the law relating to the appointment, dismissal, and emoluments of a lambardar.
(2015-S, 2015-A, 2014-S,2013-S)
Define the term Village Officer and discuss the law relating to the appointment and dismissal of a Lambardar.
(2014-A)
Lambardari system is deemed to be very beneficial for revenue administration. Highlight its importance by discussing the qualifications and duties of Lambardar.
(2013-A)
