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09-08-2012, 11:57 PM
What are the main considerations which have to be kept in view in making first appointments of village headman? (1998)
1. Introduction:
The headman of a village is called Lambardar. he is appointed by the executive district officer in a village. Lambardar has to collect and supervise the collection of revenue of an estate. he is the representative of the people of an estate and a link between the government and public. sufficient number of Lambardars are appointed by the government to every estate for the collection of the land revenue and other administrative functions.
2. Definition:
According to Sec. 18 land revenue act.
"A 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 Kaungos, Patwaris, Zabits, Kotars or Tapedar's peons, Arbabs, Rais and Headman".
3. Classification of village offices:
The village officers may be categorized as under.
(i) Headman or Lambardar.
(ii) Kanugoes
(iii) Patwris.
(iv) Zabits.
(v) Kotars.
(vi) Tapeder's peon.
(vii) Arbabs
(viii) Rais.
4. Appointment of Lambardar:
The right to be appointed as lambardar is not vested right. any person can be selected for the appointment as lambardar in an estate by the revenue authorities.
Case law 2005 MLD 242
It was held that no one has a right to claim appointments on basis of any preference. main criteria is the fitness of the person qua his ability to perform responsibilities of said office.
5. Matters to be considered in first appointment of lambardar:
I. Hereditary claim:
In the first appointment of lambardar the Hereditary claim is considered by the relevant authorities. once hereditary claim is not raised it can not be pleaded again. so a candidate for the appointment of lambardar having hereditary claim always be perferred.
II. Property in estate:
Extent of property in the estate, if there are not subdivisions of the estate the extent of the property in subdivision for which appointment is to be made possessed by the candidate.
III. Services of candidate of his family for country and nation:
Services of candidate or his family for country and nation is also kept in view by appointing authority while making the appointment of lambardar.
IV. Personal influence:
A candidate having personal influence in the estate is also preferred by the appointing authority while making appointment of lambardar.
PLD 1953 Punjab R. Page 11.
Where there are specific allegations and recorded suspicious, police report based on personal consideration should not be taken into account.
V. Freedom from debtness:
Lambardar should be free from debtness and this matter is kept in view while his appointment.
VI. Strength and importance of community:
The strength and importance of community from which selection of a headman is to be made.
VII. Education:
A candidate who is well educated is perferred for the appointment of lambardar.
VIII. Physical fitness:
Physical fitness of the candidate for the appointment of the lambardar is also considered by appointing authorities.
IX. Civil defence training:
Ability to undergo training in civil defence in the case of headman in Tehsils along the boarders.
6. Appointment of minor lambardar:
A minor is not incompetent to be appointed as lambardar under land revenue act. a minor can be appointed lambardar if he otherwise qualifies.
7. Appointment of female as lambardar:
A female can be appointed lambardar if she is sole owner of the estate or gives he preference for special reason.
8. Position of Govt, servant:
A Govt, servant cannot be appointed as lambardar in an estate.
9. Conclusion:
To conclude I can say that lambardar is a village officer to perform different function regarding revenue matters. the appointing authority take into consideration different matters while selecting lambardar. the appointment is discretionary power and cannot be claimed as vested right.