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Lambardar

The document outlines the role and responsibilities of a Lambardar, a village officer appointed to collect revenue on behalf of the government, as per the Land Revenue Act of 1967. It discusses the criteria for appointment, the duties of the Lambardar, and legal cases regarding appointments and dismissals, including issues of hereditary claims and the eligibility of minors and females. The document also highlights the regulatory framework governing the appointment and dismissal of Lambardars, emphasizing the administrative nature of the role and the importance of adherence to legal guidelines.

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0% found this document useful (0 votes)
534 views10 pages

Lambardar

The document outlines the role and responsibilities of a Lambardar, a village officer appointed to collect revenue on behalf of the government, as per the Land Revenue Act of 1967. It discusses the criteria for appointment, the duties of the Lambardar, and legal cases regarding appointments and dismissals, including issues of hereditary claims and the eligibility of minors and females. The document also highlights the regulatory framework governing the appointment and dismissal of Lambardars, emphasizing the administrative nature of the role and the importance of adherence to legal guidelines.

Uploaded by

nahlbilal2003
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Under the Land Revenue Administrative system, lambardar of a village is a title which is

vested to a person by the EDO, executive district officer of Board of Revenue. Lambardar
is under an obligation to collect the revenue from the landlords of his village and provide
facility to the landlords of his village if they want to be facilitated. In every village the
government designates a lambardar to administer the revenue affairs.
Lambardar is a Village officer/ person who is appointed by the EDO/ collector of Board
of Revenue in order to collect revenue (Taxes, duties) on the behalf of government from
the landlords of his village.
Section 4 (28) and 36 of the Land Revenue Act 1967 deals with the duties of the
Lambardar.
Section 36. 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.
Ahsan Khan v. Government of the Punjab
The intra-court appeal (I.C.A. No.71340/2021) involves a dispute over the appointment
of a village headman (Lambardar) in Sahiwal. The petitioner and two other respondents
submitted applications. Following public hearings in the revenue estate, the Collector
awarded marks based on criteria outlined in Rule 17 of the Land Revenue Rules, 1968:
Respondent No. 4 received 54 marks, the petitioner 41 marks, and Respondent No. 5 20
marks. The dispute centers on the marks assigned for hereditary claims, with petitioners
arguing that such marks, which can significantly influence the outcome, violate the
principles of Islamic law and the Constitution.
Issues of Law:
1. Whether the allocation of maximum marks for hereditary claims under Rule 17 is
mandatory and whether such allocation is ultra vires or repugnant to the Act and
Islamic injunctions.
2. Whether the delegated legislative power of the Board of Revenue under Section 36
of the Land Revenue Act, 1967, was properly exercised in framing the rules
governing village headman appointments.
3. Whether the appointment of a village headman creates any vested rights or is
purely an administrative function.
Judgment:
The Court held that the impugned rules, including the provision for awarding marks for
hereditary claims, were framed within the statutory framework and with the required
prior government approval. The Court emphasized that the allocation of marks is an
administrative measure aimed at curbing discretionary favoritism and ensuring the
selection of the most eligible candidate based on multiple factors, not solely hereditary
claims. It further noted that the appointment of a village headman is an administrative
function and that the Board of Revenue is better placed to make such decisions.
Consequently, the Court ruled that the rules are neither ultra vires nor repugnant to the
Act or Islamic principles, and dismissed the appeal along with the connected petitions,
without awarding costs.

Rule 17 of Land Revenue Rules of 1968 provides for the matters to be considered in
appointment of Lambardar
CLASSIFICATION OF VILLAGE OFFICER
Following are the classifications of village officers of Board of revenue, as per section
4(28).
a) Lambardar or Headman
The village head responsible for revenue collection and administration.
b) Kanungos
Assistants to Lambardars in their duties.
c) Patwaris
Maintain Land Records and assist in revenue collection.
d) Zabits
Responsible for maintaining order and security in the village.
e) Kotars
Assist in the village treasury and revenue related matters.
f) Tapedar’s Peon
A subbordiate assisting the Tapedar Landowner) in various tasks.
g) Arbabs
Land owners in the village.
h) Rais
Elders or influential individuals in the community.
Rule 16: Number of headmen: Every estate must have a sufficient number of headmen,
and once this number is set, it can only be changed by an order from the Commissioner.
If an estate—or a large part of it—is owned by the Government, the headman is chosen
from the tenants; in other estates, the headman is selected from the landowners.
Additionally, for an uncultivated or forest estate owned by the Government, the lessee
becomes the headman for the duration of the lease.
APPOINTMENT OF LAMBARDAR
Each and every person of the village is entitled to be appointed as lambardar/village
officer by the high authorities of the Board of Revenue in this regard.
Matters to be considered for appointment of Lambardar
1. Hereditary Claim (Maximum Marks 30)
Rule 17 (a), In the very first appointment of the lambardar, hiring authorities of board of
revenue consider the hereditary claim. candidate having claimed on the basis of
hereditary is always preferred. First blood 30 Marks; Second blood 15 Marks
[Link] of Candidate (max. 10 marks)
Rule 17 (e), Hiring authorities of board of revenue consider the services of the candidate
for the betterment of village or state.
3. Personal Status
Rule 17 (e), The personal status of candidate such as his piety, seniority and dealing with
peoples on different matters are kept in view.
4. State of Mind of Candidate
The state of mind of candidate, whether candidate is mentally fit to perform his
responsibilities of his office or not, is considered.
5. Physical Fitness
The physical fitness of candidate, whether candidate is able to perform his
responsibilities of his office or not, is considered
6. Education of candidate (Maximum Marks 10)
Rule 17 (d), The education level of candidate and highly educated candidates are always
preferred for this. Secondary School Certificate, Equivalent or above (10 Marks; Literate
i.e. able to read and write Urdu (05 Marks)
7. Bankruptcy
Rule 17 (e), The matter of bankruptcy of the candidate is considered, and it is made sure
that the candidate has not been involved in fraudulent activities ever.
8. Conviction
The matter of conviction of the candidate is consisered, and it is made sure that the
candidate has not been convicted by the court of law for any criminal activity ever.
9. Possession of Property (Maximum Marks 10)
Rule 17 (c), Hiring authorities of board of revenue consider the amount of property
possessed by the candidate and analysis such property that how it was acquired by him.
Five acres or more 10 Marks; Less than five acres 05 Marks

DUTIES OF LAMBARDAR
Section 4(28):
1. Collection of Revenue
Collects land revenue from the landlords of his village according to the rates defined by
the Land Revenue Act 1967, as well as collects others amounts recoverable.
2. Collection of Rent
Lambardar collects the amount of rent from the landlords of his village according to the
rates defined by the Land Revenue Act 1967.
3. Collection of Profit
If land of government has been given for business purposes, in such case, lambardar
collects the amount of profit from the businessmen, landlords of his village according to
the rates defined by the Land Revenue Act 1967.
4. Protection of Government Properties
It is the duty of lambardar to protect the property of the Government and take care of
such property from illegal use of it.
5. Issuance of Receipt
If any landlord pays his taxes/duties imposed on him by the Land Revenue Act 1967, in
this case, it is the duty of lambardar to issue a copy of receipt to the landlord for
acknowledgement of payment.
6. To obey the orders of Revenue officers
It is the duty of lambardar to obey the legal orders of all the revenue officer of the district
for smooth official operations which are made in order to collect revenue or for other
official purposes.
7. Provision of Assistance to Revenue Officers
It is the duty of lambardar to provide assistance to all the revenue officers of the district if
assistance is needed at any time in order to execute the policies of the department.
8. Provision of Assistance to Government Officer
It is the duty of lambardar to provide assistance to all the government officers of the
district if assistance is needed by them in order to execute government order within the
village area.
9. Provision of Assistant to Postman
It is the duty of lambardar to provide assistance to the postman of the village if he needs
any kind of assistance to execute his duty
10. Report of Encroachment
It is the duty of lambardar to report to the government of the regarding encroachment on
the roads, streets and public places, made by the villagers
11. Report of Criminal Act
It is the duty of lambarder to report to the Government regarding commission of any
criminal act which is committed within the area of his village
12. Report of Damage
It is the duty of lambarder to report to the Government regarding any damage of the
property of the government within the area of his village.
13. Report of Death of landlord
It is the duty of lambarder to report to the Government regarding death of
any landlord of his village
14. Report of Anti-social activities
It is the duty of lambarder to report to the Government regarding any antisocial activities
of the suspicious peoples of his village in order to prevent the peoples of his village from
such activities.
15. Report of Expenses
It is the duty of lambarder to report to the Government regarding any expenses which has
been made for the betterment of the village and peoples thereof.
16. To create of affection among the villagers
It is the duty of lambardar to create love and affection between the peoples of his village
and maintain such affection and love
17. Any other duty
It is the duty of lambardar to perform other duties which have been assigned to him by
the government on temporary basis or permanent basis.

DISMISSAL OF LAMBARDAR
(Rule # 18 of Land Revenue Rules 1968)
Dismissal of lambardar is categorized into the following ways.
1) When Lambardar must be dismissed: (Shall)
A. Conviction
If the lambardar has been convicted by the court of law and kept in imprisonment more
than 6 months on account of criminal act, in this case he must be dismissed by the
authorities
B. Ceases to be land owner
If the lambardar has been ceased to be land owner by the court of law, in this case he
must be dismissed by the authorities. 18 (c)
C. Transfer of Holding
If the lambardar has transferred his holding to anyone on rent or on profit, in this case he
must be dismissed by the authorities
D. Mortgage of Holding
If the lambardar has mortgaged his holding to anyone and delivered possession of it to
any one without involving the law into, in this case he must be dismissed by the
authorities
2) When Lambardar may be Dismissed. (Maybe)
Following are the circumstances when lambardar may be dismissed:
a) Criminal proceedings
If the criminal proceedings have been initiated by the court of law against the lambardar
for any criminal commission or omission, in this case he may be dismissed
b) Bankruptcy
If the lambardar has become bankrupt, in this case he may be dismissed by the
Authorities.
c) Age or physical or mental incapacity
If the lambardar is minor or unable to perform his duties due of his less age, in this case
he may be dismissed by the authorities.
If the lambardar is mentally unfit to perform his duties due his mental sickness, in this
case he may be dismissed by the authorities.
If the lambardar is physically unfit to perform his duties due his physical sickness, in this
case he may be dismissed by the authorities.
Failure to perform duty
If the lambardar get failed to perform his official duties due to any reason, in this case he
may be dismissed by the authorities.
d) Illegal activities
If the lambardar is found to perform illegal activities which are totally against the interest
of the general public or against the public law, in this case he may be dismissed by the
authorities
Illegal profit
If the lambardar gains illegal profit from his holding property by concealing from law, in
this case he may be dismissed
e) 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; or
f) Negligence
If the lambardar negligent does not perform his official duties, in this case he may be
dismissed by the authorities.

Appointment of Minor as lambardar


Under the Land Revenue Act 1967, a minor is competent to become village officer/
lambardar of his village if he is being capable to perform his duties of his officer as well
as qualifies selections criteria.
Ghulamjh Ass An v. Khalid Nawaz : Muhammad Nawaz Lambardar passed away,
creating a vacancy for the office of Lambardar (village headman) in Rawalpindi. Three
candidates, including the petitioner and other respondents, applied for the position. The
Collector, exercising his discretion under Rule 17(ii) of the Punjab Land Revenue Rules,
appointed the respondent despite him being a minor. Although Ghulam Hassan and Fateh
Muhammad both filed appeals with the Commissioner, those appeals were dismissed.
Ghulam Hassan later sought revision, which forms the basis of this case.
Issues of Law:
 Whether the Collector’s discretionary power under Rule 17(ii)(c), which allows
him to dismiss a candidate claiming an heirship on grounds such as absence from
the estate, was properly exercised.
 Whether appointing a minor or an absentee as Lambardar falls within the legal
discretion granted by the Rules.
 Whether the orders of the Collector and the Commissioner were perverse or
unreasonable, warranting judicial interference.
Judgment Upheld: The Court found that the Collector had duly exercised his
discretionary powers after a thorough examination of the relevant factors, as allowed
under Rules 16 and 17 of the Punjab Land Revenue Rules. The concurrent findings of
both the Collector and the Commissioner were endorsed, and no perverse or unreasonable
conduct was identified. Consequently, the Court held that there was no legal basis for
interference, and the revision was dismissed.

Appointment of Female as lambardar


Under the Land Revenue Act 1967, a female is competent to become village officer/
lambardar of his village if she solely has hereditary claim for her appointment and is
being capable to perform her duties of her officer as well as qualifies selections criteria.
MST. Allah Jawai v. Bahawal
After the death of the previous Lambardar (Wali Dad), 8 candidates (including the
petitioner and her sister) applied for the post. Collector appointed [Link]
petitioner’s appeal to the Commissioner was rejected, leading to this revision petition.
Issues of Law:
Under Rule 17(ii)(d) of the Punjab Land Revenue Rules, a female can be appointed
Lambardar only if: She is the sole owner of the land in the Revenue Estate, or there are
"special reasons" justifying her preference over male candidates. Did the petitioner meet
these criteria?
Arguments by Petitioner:
Claimed hereditary right (her father allegedly applied for her as "Sarbrah Lambardar").
Argued she was the biggest landholder and her age justified preference.
Judgment Upheld:
The petitioner was not the sole owner of the land.
Hereditary claim, age, and being the largest landholder were general qualifications, not
"special reasons" under Rule 17(ii)(d). The petitioner’s father’s application for "Sarbrah
Lambardar" was irrelevant, as she was never officially appointed to that role.
Previous cases, PLD 1950 (Rev.) 980, PLD 1950 (Rev.) 1003, where females were
appointed involved specific special circumstances (e.g., unique family disputes), which
were absent here. The revision petition was dismissed, upholding the decisions of the
Collector and Commissioner.
Appointment of Govt officer as lambardar
Under the Land Revenue Act 1967, a government officer is not competent to become
village officer/ lambardar of his village.
FIXATION OF RENUMERATION OF LAMBARDAR
Under the Land Revenue Act 1967, the salary of the lambardar is fixed by the superior
authorities of the board of revenue but it does not exceed from 5 % of the collected
revenue of the village and such salary is fixed by issuing a notification by the government

Muhammad Ibad Ali Khan v. Haji Jam Ali Khan


The petitioner was appointed as Lambardar (village head) but was employed as a bank
employee in Bhakkar, 17 miles away from his village. The Board of Revenue, Punjab, in
its 1985 order, allowed the petitioner to continue as Lambardar only if he resigned from
his job within 3 months, based on a voluntary undertaking by his counsel. The petitioner
challenged this condition before the Lahore High Court, which dismissed his writ
petition, advising him to approach the Board of Revenue again. The petitioner then filed
this **review petition** to remove the resignation condition.
Issues of Law:
Whether a person employed outside the village (17 miles away) can discharge the duties
of a Lambardar under the West Pakistan Land Revenue Act, 1967 (Section 36).
Whether the condition requiring resignation from external employment is legally valid.
Whether the Board of Revenue and Lahore High Court exercised judicial discretion
properly in imposing/dismissing the resignation condition.
Judgment Upheld
Role of Lambardar: The court emphasized that a Lambardar must be physically present in
the village to perform mandatory duties (attestation, verification, acting as a community
representative). Employment 17 miles away would hinder these responsibilities.
No Hardship Proven: The petitioner failed to demonstrate exceptional hardship to justify
retaining both roles.
Outcome:
The Board of Revenue dismissed the review petition, upholding the original order
requiring resignation. The court clarified that absent the voluntary undertaking, the
petitioner’s external employment alone would disqualify him as Lambardar.

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