Download as pdf or txt
Download as pdf or txt
You are on page 1of 32

CHAPTER V

VILLAGE OFFICERS

Presented BY: Miss Sobia


Fatima Advocate
Ex-Legal Consultant at
Parliament, Pakistan
Statutory Provision

CHAPTER V
VILLAGE OFFICERS
■ 36. Rules regulating appointments etc., of Village Officers.
■ 37. Village Officers’ cess.
■ 38. Restrictions on attachment or assignment of remuneration of Village
Officers.
Paper-IV (Part-LL.B-1I)
Part I (Land Revenue Act)

Question No 3; explain the Village officers and their qualification


and disqualification?
Synopsis:

1. Definition
2. Kinds of Village Officer
3. Appointment
4. Number of Lambardars
5. Selection criteria of Village officer
i. Hereditary claim
ii. Extent of holding of applicant
iii.Character, personality, and ability
iv.Strength and importance of community
v. Personal and family services
vi.Training of civil defence
Synopsis:
6. In case of Female, public servant, or minor

a.Female
b.Minor
c.Government servant
7. Duties of Headman
8. Dismissal of Lambardar
9. Remuneration of Lambardar
Definition

Village Officer means any person appointed under


the Land Revenue Act, whose duty is to collect, or
to supervise the collection of the revenue of an
estate.
Kinds of Village Officer

They are the following kinds of Village officer in the department of revenue.

Kanungos,

Patwaris,

Zabits,

Kotars or

Tapedar’s peons,

Arbabs,
Rais, and
Headman (Lambardar)
Kinds of Village Officer

They are important officers in the perspective of


Subcontinent’s culture. If we look into its
background, we would find different
nomenclatures but they had been same task,

i.e., collection of Land


Revenue from landowners.
Purpose;
 If there were not such intermediaries, there would be great
inconvenience to collect Land Revenue. They mitigate such
embarrassment.
 They are appointed for the sake of convenience of villagers.
 They bear renowned personalities.
 They provide such assistance up to doorsteps.
 They contribute in prevention of arrears of Land Revenue; thus they are
beneficial for us.
Appointment

The Board of Revenue may with the previous approval of


Government, make rules to regulate the appointment,
duties, emoluments, punishment, suspension, and
removal of village officers.
Number of Lambardars

 There are no fixed vacancies of Lambardars. It depends


upon requirements. It requires proper justification.

 In increase of number of Lambardars, the opinion of


Collector carries considerable weight.

 First of all when Land Revenue is imposed on certain


portion of land, government sends her officer to assess
Land Revenue on such area. He prepares documents for
the purpose of Land Revenue.
Selection criteria of Village officer

 Government has to appoint such numbers of Lambardars


proposed by Settlement Officer with the consents of Collector
who puts the proposal to the Commissioner and takes approval
from him.

 Increase or decrease in Lambardars requires resettlement,


which comes after twenty-five years. Commissioner is
concerned person who decides finally the numbers of
Lambardars.
 Collector receives the applications of candidates. The best
person suit in the eyes of Collector is appointed as Lambardar.
He takes into consideration following points:
Selection criteria of Village officer
Collector takes into consideration following points:

i. Hereditary claim:

ii. Extent of holding of applicant:

iii.Character, personality, and ability:

iv.Strength and importance of community:

v. Personal and family services

vi.Training of civil defence:

vii.In case of Female, public servant, or minor

a. Female:

b. Minor:
Selection criteria of Village officer
 Hereditary claim:
■ This rule deals with the first appointment and not succession to the
office falling vacant by the death or removal of Lambardar. In different
cases refugee over resident, minor over adult, illiterate over literate have
been preferred on the grounds of hereditary claim.
 Extent of holding of applicant:
■ Holding of the Lambardar is taken as security against the collection and
depositing the government dues, in time. Larger holding provides larger
security. Person having less holding cannot provide sufficient security to
satisfy government.
 Character, personality, and ability:
■ In a case one of two candidates, withdrawn his application in favor of
whom, who was not only healthy but was supposed having good
reputation. Character does mean general reputation of an individual
among the society members. He must bear presentable personality
Selection criteria of Village officer

Strength and importance of community:

■ It should be quite enough strong. Community does not mean caste or sub-

caste but only community is taken into consideration in the

appointment of Lambardar. If the resident has less strength in the collection of


revenue against the refugee, then it is considered negative point for the
appointment of resident and representative of majority refugee is appointed.
He can protect the interest of government well.

Personal and family services

■ As per this rule services of an individual or his family member is taken into
consideration in the appointment of Lamberdar. In a contest junior retired
Military Officer may be preferred over senior Military Officer in active service,
being resident and readily available. If there are martyr or social workers in a
family, they must be considered positively. Meritorious services are plus point.
Appointment belonging to boarder area requires the training of civil defence.
Selection criteria of Village officer

Training of civil defence:

■ His ability to undergo from the training of civil defence is kept in


view if the appointment is to be made in the area of border. It not
only ensures the safety of the landowners but it secures the
interest of government in Land Revenue. Only existing
landowners can generate revenue.
Female:

■ There is no bar to the appointment of females as Lambardar.


Primogeniture rule is considered for such appointment. If a
Lambardar is died or became disabled then his elder son is
considered. Young is considered later thus all descendants
including females. Otherwise it is diverted toward collateral.
Minor:

■ Law gives the Collector, power to appoint a minor. A 15 years’ minor was
appointed as a Lambardar keeping in view of his hereditary claim and
much larger holding. A supervisor can be appointed to carry on all
matters until he attains the age of majority. A person who is entitled to
succeed the office of Lambardar-ship by inheritance however distantly
related to the deceased Lambardar may be appointed in spite of his
minority.
Government servant:

■ A school teacher who was serving six Km.


away from his residence, was appointed as
Lambardar that he may remain himself present
in village while a senior military officer was
refused on the ground of his active service far
away from village.
Duties of Headman:
He performs the duties such as

 Collection of Land Revenue and all other dues by due date and depositing
the same to government office.
 Collection of rent and other income.
• Acknowledgement of all receipts.
 Report to Tehsildar of every death, birth, pension, and marriage or re-
marriage of female drawing family pension and residing in estate.
Duties of Headman:
He performs the duties such as

 Report regarding the encroachments on roads.


 Report of any injury to government buildings.
 Compliance of the orders of Collector.
• Attend the summons of all authorities.
 Report to Patwari any outbreak of disease among animals.
• Report to Patwari the deaths of any right holder in his estate.
 Assistance in mobilization of troops.
 To entertain and accommodate officers who visits the village.
Dismissal of Lambardar

The grounds of the dismissal of Lambardar can be divided into two parts.

Mandatory Dismissal

Discretionary Dismissal
■ Mandatory Dismissal
a) If the Lambardar has been punished with
sentence of imprisonment for one year or upward.
b) If he has sold his holding.

c) In an estate chiefly owned by the government,


Lambardar ceases to hold that interest due to
which he was appointed as Lambardar.
■ Mandatory Dismissal
d) If his holding has been transferred u/s 84 of this Act in the reasons of
arrears of Land Revenue.
e) If the assessment of Land Revenue of his holding has been annulled
u/s 86 of this Act for the recovery of arrears of Land Revenue.

f) If he has mortgaged his holding and has also delivered


possession to the mortgagee. In this situation Collector may
retain him on this post provided the Lambardar provides
sufficient security.
In Case Of Discretionary
Dismissal
Discretionary Dismissal

1. When criminal
proceedings have been
started against the
Lambardar in which he
may be sentenced for
less than one year, he
may be dismissed.
Discretionary Dismissal

2) If he has taken part in an


unconstitutional agitation against
the government.
Discretionary Dismissal

3) He has taken part or concealed illicit


distillation of cocaine.

4) If his holding has been attached u/s 85


of this Act for the recovery of arrears of
Land Revenue.
Discretionary Dismissal

5)If in the opinion of the Collector, he is unable


to discharge his duties due to bodily or mental
infirmity.
Remuneration of Lambardar:
 Lambardar would be entitled to receive maximum 5% of the collected Land
Revenue, which is called Pachotra. Provincial government decides as to
how much he might receive as remuneration. Pachotra cannot be attached
for the execution of decree of any Court. Moreover no charge can be
created on Pachotra.
Question ; Explain the classification of Revenue
Officers and their power & duties with respect of
jurisdiction?

You might also like