of Civil Procedure and the Rules and Orders of the High Court, for the time being in force, in
respect of the execution of a decree of a Civil Court.
(2) And in enforcing these orders, a Revenue Officer shall have all the powers in
regard to contempts, resistance and the like, which a Civil Court may exercise in the
execution of a decree of the description mentioned in sub-rule (1).
14. Charges for service of process through post.- In all cases in which processes are
issued by post, the parties concerned shall be required to pay Talbana, at the rate of
[Rupee
one per head] by means of court-fee stamps.
PART III – VILLAGE HEADMEN (LAMBARDARS)
15. The rules under this part and the rules 55, 56, 57 and 58 in so far as they
relate to the headmen (Lambardars), shall not extend to the areas excepted under section 180.
16. Number of headmen.- (1) A sufficient number of headmen shall be appointed to
every estate, and this number when once fixed shall not be increased or reduced except by or
under the order of the Commissioner.
(2) Except as provided in rule 21, if an estate or a considerable portion thereof is
owned by Government, the headman may be appointed from among the tenants and in other
estates he shall be appointed from among the land-owners.
(3) The lessee of an uncultivated or forest estate owned by Government, shall, during
the currency of his lease, be the headman thereof.
17. Matters to be considered in the first appointment
28
.- (1) In the first appointment of a
headman (Lambardar), following matters shall be considered and the maximum marks to
be assigned against each item are as under:
(a) Hereditary claim of the candidate Maximum Marks 30
i. First blood 30 Marks
ii. Second blood 15 Marks
(b) Candidate’s community in the estate Maximum Marks 30
or sub-division of the estate for which
appointment is to be made.
i. Overwhelming majority 30 Marks
iii. Second largest majority 15 Marks
(c) Extent of property of the candidate in Maximum Marks 10
the estate or sub-division of the estate
for which appointment is to be made.
i. Five acres or more 10 Marks
ii. Less than five acres 05 Marks
27 Substituted by Board of Revenue, Punjab’s notification No.3969-73/1492-LR-II, dated 29
the June, 1973, published in the
Gazette of Punjab, Extraordinary, June 29, 1973, for the figure, words and commas “35 paisa, per head, with the minimum
of 50 paisa”.
28 Substituted by Board of Revenue, Punjab’s notification No. 881-2010/397-LR-II, dated 20th April, 2010. In exercise of
the powers conferred under section 36 of the Punjab Land Revenue Act, 1967 (XVII of 1967), with the previous approval of
the Government and after previous publication vide notification No. 3724-2009/1436-LR-II, dated 4th November, 2009
published in the Punjab Weekly Gazette Part-I dated 16th December, 2009.
27
(d) Educational qualifications of the candidate. Maximum Marks 10
i. Secondary School Certificate, 10 Marks
Equivalent or above.
ii. Literate i.e. able to 05 Marks
read and write Urdu
(e) Personal character, ability and influence Maximum Marks 10
of the candidate and his freedom from indebtedness.
(f) Quality of farming of the candidate in Maximum Marks 10
the revenue estate
(2) On receipt of a proposal regarding the appointment of a headman from the
Tehsildar, the Collector shall hold “Ijlas-e-Aam” in the Revenue Estate and submit to the
District Collector his report and recommendations concerning each item under sub-rule (1)
and the marks awarded to each candidate.
(3) On receipt of a report and recommendations of the Collector, the District Collector
shall give an opportunity of hearing to all the candidates, give his own findings on the report
and recommendations of the Collector and pass orders regarding selection of the candidate
keeping in view the marks obtained by each candidate according to the criteria laid down in
sub-rule (1).
18. Dismissal of headmen.- (1) A headman shall be dismissed when -
(a) he has been, on conviction for an offence involving moral turpitude, sentenced
to imprisonment for a term of not less than six months; or
(b) in an estate owned altogether or chiefly by Government, he ceases to possess
the interest which led to his appointment; or
(c) 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; or
(d) 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; or
(e) his holding has been transferred under section 84 or the assessment thereof has
been annulled under section 86.
(2) A headman may be dismissed when -
(a) any criminal proceedings which have been taken against him show that he is
unfit to be entrusted any longer with the duties of a headman; or
(b) 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; or
(c) owing to age or physical or mental incapacity, or absence from the estate, he is
unable to discharge his duties; or
(d) there is reason to believe that he has taken part in, or concealed illicit
distillation, or the smuggling of foodgrains, cocaine, opium or charas; or
(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) he neglects to discharge his duties, or is otherwise shown to be incompetent;
or
(g) 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.
(3) A headman shall not be dismissed unless an opportunity has been afforded to
him of showing cause against the proposed action.
19. Matters to be considered in appointment of successor
29
.- (1) In an estate or subdivision
thereof,
owned
chiefly
or altogether
by
Government,
the
successor
to
the office
of
headman
shall
be
selected,
with
due
regard
to all
the
considerations,
other
than
hereditary
claims,
in
rule 17.
(2) In other estates, the successor to the office of headman shall be selected with due
regard to all the considerations mentioned in rule 17.
(3) Election shall not, in any case, be resorted to as an aid in making appointments.
20. Appointment of revenue farmers and mortgagees as headmen.- (1) Where an
office of headman becomes vacant in consequence of any proceedings taken for the recovery
of an arrear of land revenue, under section 84, 85 or 86, the transferee, agent, or farmer who,
under those proceedings, obtains possession of the land on which the arrears were due may,
in the discretion of the Collector, be appointed a headman.
(2) Where a headman, who is personally responsible for more than half the land
revenue of an estate or of the sub-division thereof, in respect of which he holds office, has
mortgaged his holding and has delivered possession thereof to the mortgagee, and the office
of headman has become vacant in consequence thereof, the mortgagee may. at the discretion
of Collector, be appointed as headman.
(3) On the termination of any such transfer, farm or attachment, as is referred to in
sub-rule (1) or on the release of any such mortgage as is referred to in sub-rule (2), a
headman appointed under this rule shall cease to hold office, and a new headman shall be
appointed with reference to the considerations enumerated in rule 17.
21. Appointment of officiating headmen in place of absentees.-Where a headman
has abandoned the estate, a temporary headman may be appointed by the Collector, in place
of the absentee headman, till a permanent headman is appointed, keeping in view the
following principles.-
(i) In estates wholly abandoned by the proprietors, or in which a major area or the
whole of a Patti has been abandoned, appointment shall be made from among
the persons who have been resettled on the land in the estate, preferably from
those who have previously been headmen in the estates vacated by them, in
29 Substituted by Board of Revenue, Punjab’s notification No. 881-2010/397-LR-II, dated 20th April, 2010. In exercise of
the powers conferred under section 36 of the Punjab Land Revenue Act, 1967 (XVII of 1967), with the previous approval of
the Government and after previous publication vide notification No. 3724-2009/1436-LR-II, dated 4th November, 2009
published in the Punjab Weekly Gazette Part-I dated 16th December, 2009.
India, and if no such persons are available, selection should be made from
among other persons who have been resettled on the land in the estate in
accordance with the provisions of rules 16 and 17.
(ii) In estates which are wholly or mostly owned by Government, appointment
shall be made in the manner provided in rule 16(2), preference being given to
those who have previously been headmen.
(iii) In estates where only a small portion of land has been abandoned by the
proprietors, the appointment may be made from among the land-owners or
those resettled in the estate.
Explanation.- A surety for persons appointed as headmen may be taken, in cases
where it may be considered appropriate.
22. Duties of headmen.- In addition to the duties imposed upon headmen under any
other law, a headman shall-
(i) collect, by due date, the land revenue and all sums recoverable as land
revenue, from the estate, or sub-division of an estate in which he holds office,
and pay the same personally or by revenue money order or by remittance of
currency notes through the post or at 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 in that behalf, to the Tehsildar
concerned;
(ii) collect the rents and other income of the common land, and account for these
to the persons entitled thereto;
(iii) issue receipts in Form I to the land-owners and others, in token of having
recovered the Government dues from them;
Explanation.- The Tehsildar should arrange to supply printed receipt books (Form I)
to the headmen, free of cost, according to their requirements.
(iv) report, to the Tehsildar, all encroachments on roads (including village roads)
or on Government waste lands and injuries to, or appropriation of Government
property situated within the estate;
(v) report any injury to public buildings in the estate;
(vi) 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;
(vii) 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;
(viii) attend the summons of all authorities having jurisdiction in the estate; assist,
when so required by them, all officers of the Government in the discharge of
their duties, furnish all relevant information in this behalf and generally act for
the land-owners, tenants and other residents of the estate or sub-division of the
estate, in which he holds office in regard to their responsibilities to the
Government;
No comments:
Post a Comment