Select Language

  • English
  • हिन्दी
  • Punjabi

Text Size

  • Increase
  • Decrease
  • Normal

Current Size: 100%

Review of orders

262.Review of orders. Revenue officers of all grades large powers of reviewing their own orders and those of their predecessors, provided no appeal against them has been lodged. In the case of assistant collectors, however, the exercise of this power is in every case subject to the previous sanction of the collector. If the latter wishes to review any order lower class, who has left no successor in office, he must obtain the commissioner’s permission. The commissioner may, like the collector, review his own order, but without the leave of the financial commissioner he cannot reconsider an order, passed by a former commissioner. The power is not subject to any such restriction. Applications for review can only be entertained when they are presented within ninety days of the date of the order to which exemption is taken, but apparently there is no legal limitation of the time within which a revenue officer may review an order of his own motion. Of course, persons who will be affected by the modification or reversal of an order must be given an opportunity of being heard in its support. There is no appeal from an order refusing to review, or confirming on review, a previous order.

263.Revision. The only officer who can revise an order not passed by himself, or by one of his predecessors in office is the financial commissioner. But any controlling officer may call for the file of a case pending before, or disposed of by, any of his subordinates in order to satisfy himself of the correctness of any final or intermediate order which has been passed, if the commissioner or the collector thinks such an order ought to be altered, he can submit the file to the financial commissioner with a statement of his opinion. No proceeding or order should be modified or reversed in such a way as to affect any question of right between private persons without giving them an opportunity of being heard.

264.Appeals. The law of appeal is very simple, original orders passed by assistant collectors are applicable to the collector, and original orders of the collector to the commissioners. An order confirmed on first appeal is final, and under no circumstances, can there be more than second appeal. The only cases which can come before the financial commissioner on appeal are those in which commissioners have modified or reversed original orders passed by collectors.

265.Limitation in appeals. The period of limitation is thirty days, when the appeal lies to the collector, sixty when it lies to the commissioner, and ninety when it lies to the financial commissioner.

CHAPTER VII

Patwaris and Kanungos

266.Patwaris and Kanungo staff before 1885. The term village officer, as used in the land revenue act means a headman, a chief headman, and a patwari. In this chapter we are only concerned with the patwari or village register and accountant, and with his immediate superior, the kanungo. No efficient revenue administration of a district is possible unless the patwari stases strong, properly trained, and strictly supervised by the kanungos, tahsildars, revenue assistant, and deputy commissioner.

267.Object of reforms initiated in 1885. In the course of years effective measures have been taken to secure the proper performance by the patwari of his three chief duties:

(1) the maintenance of a record of the crops grown at every harvest:

(2) the keeping of the record of rights upto date by punctual record of mutations; and

(3) the accurate preparation of statistical returns embodying the information derived from the harvest inspections, register of multatins, and record of rights.

These duties will be described in the 9th, 10th , and 11th chapters of this book.

268.Principles of revenue policy sound, but machinery for carrying them out wanting. The revenue policy of the Punjab from the beginning was founded on the principles laid down in the Thomson’s valuable treatise, the “Directions for settlement officer” and the “Directions for collections.” But the official machinery was too wake to secure effective compliance.

269.Canceled.

270.Canceled

271.Canceled.

272.Canceled.

273.(1) Indian famine commission 1880 proposed-foundation of agricultural department in each province. In spite of efforts to secure improvement the revenue statistics of the province remained incomplete and unreliable until late into last century. But the lessons learned in the famine of 1877-78 made it impossible to leave things where they were. In the report of the Indian famine commission, which was laid on the necessity of creating in each province a special agricultural department. The concerned remarked:-

“such an office in each province would have charge of all the records of past famines, and take note of all that is being usefully done or learnt in neighboring provinces, so that the gathered results of past experience might be collected and made accessible, which has hitherto been hardly possible. Through this office should be bought together the more comprehensive and exact record of the agricultural, vital, and economic condition of the people to the urgent necessity of which we have already drawn attention. Especially, when a famine is thought ot be impending would such an office become important, as it would supply the government with all statistics bearing on this subject, and would be responsible for working out from them the conclusions on which the decision as to future action would mainly rest. When a famine is in progress, all the information relating to relief measures, that extant, their results, would be collected in it and presented in a uniform and intelligible manner, and through it all orders of the local government relating to famine administration would be issued.”

274 (2) Reform of patwari and kanungo agency. “ the efficiency of such a special department, as we have proposed will depend mainly on the completeness and accuracy with which the agricultural vital, and economic statistics with which it has to deal are collected in each village and compiled in each sub division and district throughout the country” * * * * “ the revenue system in the greater part of British India is such as o present unrivalled means of ascertaining, in the fullest manner, all necessary facts relating to agriculture, and to the different incidents of landed tenures in every village; but those means gave nowhere een completely utilized and made as efficient as they might be. We recommend that the body of village accountants should everywhere be put on a sound and satisfactory footing as responsible public officers, with a clearly defined set duties, but with their own villages.” “* * * *” over the villages accountants there should be a staff of active sub-officers employed in keeping them to their duty, inspecting their work, visiting each village in turn, and checking the accuracy of all the items recorded concerning it.”

 

274 (3) appointment of revenue assistant in each district. “ above these there should be special officer in every district who would be, as a rule, of the rank of deputy collector, and whose nail or only duty should be to take charge of all matters connected with the economic condition and well-being of the people. He would test and compile the agricultural returns and examine the market prices and ascertain from these and other data the relative value of each year’s crop, according as it is below or above the average. From such a continuous record of the harvests he would obtain data for judging weather the landed classes were in the depressed or a prosperous condition, and how far they were prepared to meet a climates season. It would be this object to obtain similar information as to all sections of the population, and to learn what are the causes of depression, and what classes would be the first to succumb under the pressure of declare and high prices. The accurate regulation of vital statistical, and the investigation of the causes of any abnormal mortality, would lie within his province and he would be the gainer of the health officer of the district for the purpose of scrutinizing the record of births and deaths. The extent of the good stocks, the ebb and flow of local trade, the current rate of interest charged on loans to different classes, the deficient or superabundant supply of any kinds of labour and the customary wages paid to each kind, these and other kinds of labour and the customary wages paid to each kind, these and other kindred topics on which information is at present far from precise, would fall within the scope of his enquiries. These officer, while generally subordinate to the collector, would be specially under the orders of the agricultural Department in respect of the system on which their returns are to be prepared and checked.

 

274. (4) Appointment of Director of Agriculture in each province. ”A Director of agriculture should be appointed in each province as executive head of this Department, chosen for his knowledge of the condition of the people and particularly of the agricultural classes. He would directly control the special statistical officers, and would be the adviser of the local government on all matters relating to agriculture and statistics. In ordinary times he would discharge these duties and superintend all measures designed to improve the agriculture of the country : and in times of famine he would be the officer responsible for warning the government as to the agricultural outlook and for preparing such a forecast as should guide it in issuing instructions and setting on foot measures of relief.”

274.Introduction of reforms in Punjab. The measures proposed by the commission therefore embraced

(a) the reform of the patwari staff;

(b) the provision of a sufficient staff of supervisor or kanungos;

(c) the appointment of a revenue assistant in each district;

(d) the appointment of a director of agriculture in each province.

It fell to colonel wace, first as settlement commissioner and later as financial commissioner ,to carry out these reforms a task which he welcomed with enthusiasm . to enable him to deal with the matter effectively he was appointed in 1882 director of agriculture while retaining the post of settlement commissioner . in 1883 a revenue assistant was appointed in each district except simla. In the same year colonel wace prepared a scheme for the reorganization of the kanungo staff. Which was sanctioned with some modifications next year, and carried out in 1885. Hitherto, the estab lishment in each district had consisted of a sadar kanungo at headquarters on Rs 60 per mensem, and a kanungo on Rs. 25 with an assistant of rs. 15 of each tahsil.the staff was now doubled. The kanungo at the tahsil head quarters became the office kanungo and a staff offield kanungos was provided to supervise the patwaris work in their villages. The pay and prospects of kanungos were much improved. A director of land records was appointed in 1885.

 

276. Object of reforms in land record agency and procedure. These changes and the procedures connected with the reformed of record embodied in a now code of patwari and kanungo rules, the object of which was explained to be the securing of –

(a) real efficiency among the patwaris and kangos;

(b) improved field-to- field inspection, and record of the results of each harvest;

(c) the continuous record in convenient tanks of the total results of each harvest and each years husbandry, these tables being kept first by villages, secondly by assessment circles, and thirdly by tahsils

(d) the punctual record in attentions of all mutations of rights and there prompt incorporation in the jamabandy.

(e) The cessation of the practice, under which in numerous cases mutation orders where passed in the absence of the parties, or after calling them away from there village to the tahsil office;

(f) The release of tahsildars and naib-tahsildars from a large amount of revenue case work. witch under the procedure hitherto prescribed for such work. Tied them to their tahsil offices and overboard. Ended their small office establishment with clerical duties; and

(g) As a consequence, the systematic visiting of each village, either by the tahsildar or naib tasildar.

 

277. Effects of reforms. The new system was embodied in the Punjab Land Revenue act of 1887 and the rules issued under it. Since it was introduced it has been modified in some of its details. But on change affecting its main features has been made, and the soundness of the scheme has been proved by a steady improvement in the work of the patwaris and in the revenue administration of the districts.

 

278. organization of patwaris and kanungo staff reconsidered at set. Telnet. The organization of the patwari and kanungo staff is carefully reconsidered when a district is being assessed, and it rarely necessary to make many changes in the interval between two settlements. The limits of patwaris’ circles are matters for the commissioner to decide. The number, grading and pay of patwaris also the revision of the limits of field kanungos’ circles, require the sanction of the financial commissioner.

 

279. Points for consideration in forming patwaris’ circles. In fixing the limits of a circle, the chief points to consider are the number of fields to be worked over at the harvest inspections, and the number of owners’ holdings and cultivation’s’ holdings for which entries have to be made in the record of rights. The number given to each field in the village map is known as the khasra number, that assigned to each owner’s holding in the record of rights a called the jamabandi number, and that allotted to each cultivator’s holding the khatauni number. A patwari should usually be able to keep up the record of a circle contacting from 4,000 to 5,000 khasra and 1,200 to 1,600 khautani numbers, but regard must be paid to the distances the patwari will have to travel, the nature of the country, the simplicity or complexity of the land tenures, and the inclusion in the circle of estates subject to river action or under flucuating assessment, and the degree of fragmentation or consolidation of holdings. A circle generally consists of several adjoining estates, but some large estates require the whole services of a patwari and few have more them one.

 

280. Grading patwari. Before 1885 there was a separate patwari cess, and each patwari received the amount levied in the village of his circle. A man with a small circle of rich highly cultivated estates drew much more pay than his fellow incharge of a much larger and more difficult circle containing village where the precariousness of the crops had enforced a light assessment. Now the patwaris of a district are distributed into grades with varying rates of pay. Patwari are graded as under:-

1st grade, on Rs. 26 per mensem…… 20 per cent

2nd grade on Rs. 23 per mensum…..40”

3rd grade, on Rs. 20 per mensum…40”

281. Village officers cess . Section 29 of the Punjab land revenue Act. XVII of 1887, provided for the lavy of a cess at a trait nor exceeding 12 ½ per cent on the land revenue and canal owner’s rate for the remuneration of village officers, that is to say, headmen, chief headmen, and patwaris. The balance used to be available for the remuneration of the patwari staff, but in 1906,the liability of the landowners for the pay of the patwari staff was abolished. The change made was incorporated in the land Revenue Act by the Repealing and Amending (Rates and cesses)Act, 1907, which limited the cess to a maximum rate of 6 ¼ per cent on the land revenue and cana; owner’s rate, restricted the expenditure to purposes directly connected with the maintenance of the agency of headmen and chief headmen. The headmen retains a surcharge of 5 per cent on the land revenue and owner’s rate which he collects, and 1 per cent is payable to the chief headman, if there is one.

 

282. Assistant patwaris. It is usual to have a few assistant patwaris receiving Rs. 15 monthly. Assistants should be used to help patwaris whose work is very heavy of to fill temporary leave vacancies. Except on the latter case ,they should not ordinarily be independent charge.

 

283. Payment of patwaris. Salaries are drawn monthly and care should be taken be that they are punctually disbursed. Besides their pay patwaris receive a two- fifth’s share of the fees levied for the entry of mutations in the record of rights, and allowed and giving certified extracts. It is a rule to which no exceptions are allowed that pay and all the fees must be given to the person who actually performs the duties of patwari.

 

284. Appointment, punishment, and dismissal of patwaris. No revenue officer below the grade of collector can appoint, punish, of dismiss a patwari. With this exception that the Revenue Assistant may impose on a patwari a fine not exceeding Rs.2 and a Tahsidar a fine not exceeding Rs.1 on any one occasion. But the deputy commissioner should keep the power to sanction appointments and dismissals in his own hands. Recommendations should be received from the Revenue Assistant, and where he is and impartial and sensible man, they should usually be accepted. Upon him mainly depends the efficiency of the patwari and kanungo staff. He cannot have the proper amount of authority over it or be expected to work worth zeal if his subordinates are given any reason to suspect that he has not the support and confidence of his chief.

 

285. Patwari candidates. A register of patwari candidates is kept up for each tahsil. In most districts it is now possible to exclude men who have not passed the Middle school examination. Neat and clear handwriting in the undue character and the power to work out simple sums in arithmetic quickly and correctly are essential, and no candidate, however well qualified otherwise should be accepted who has not good physique and health and good eyesight, candidates must be between the age of 15 and 25 years, it is undesirable that a large proportion of the candidates should belong to the money lending or trading classes, and the sons of agriculturists should be encouraged to come forwarded as candidates. A clever and well educated lad who enters government services as a patwari has a very fair chances of promotion to higher posts. The appointments of tahsil revenue accountant (wasilbaki navies) and siyaha navis are, whenever possible, received for them, and two thirds of the kanungo must be promoted patwari. Once he becomes a field kanungo a patwari may hope to climp still higher on the official leader. Patwaris are also eligible for the post of tahsil judicial muharrir.

 

286. Patwari school. Every candidate must attend the patwari school and appear at the patwari examination. His name should ordinarily be struck off the register if he fails to pass with in three years. The patwari school in each district should be opened on the 15th of April and closed at the end of august. Before joining the school the candidate should be required to attend for instruction at the sravi girdawari. The principal subjects taught with the aid of books are arithmetic and menstruation, on which special menials have been written for the use of patwaris, and the directions contained in the financial commissioners’ standing orders nos. 15,16,22,23,24 and appendices vii. Viii. Ix. And xxi of the Punjab settlement manual. But the teaching should be of a thoroughly practical character and a great deal of it should be given in the field. In survey work a pound of practice is worth a ton of instructions. A candidates who passes the examination held at end of the school term, attends the kharif gridawari for further practical instructions, and unless he does so, he is not entitled to a pass certificate.

 

287. Filling up of vacancies. The most “suitable” candidate must be selected, and relationship to the former patwari confers no claim. But the deputy commissioner is bound to consider any representation made be the land owners of the vacant circle, and , if it is evident that they really wish for the appointment of a relation of the late incumbent, who is fit of the post some regard should be had to this in weighting claims. The fact that the candidate is already resident of the circle and has the confidence of the properties, has a strong bring on his “suitability.” However well qualified he seems to be a candidate should not be chosen if any of his near relation land money in the circle.

288.Residence of patwari in his circle. Every patwari is bound to reside in his circle and must not leave it without permission. Where a suitable patwarkhana exists, the patwari must keeps his records in it live in it with his family, and repair it when necessary. Landowners must not be asked to spend any part of common village fund (malva) in building or maintaining patwarkhanas, and only in special circumstances will be expenditure on these subjects be met by governments. Where no patwarkhana exists the patwari must make his own arrangements, but reasonable help in enabling him to do this will be given to him by the revenue authorities.

It is the intention of government to provide additional patwarkhanas steadily year by year.

289.Disabilities of patwaris. A patwari is forbidden to engage in trade, or to have any interest whatever in the landing of money to agriculture and he must be not tout for any legal practitioner or borrow from any agriculturists in his circle. He cannot acquire in his circles, except by inheritance, and if he possessed any interest in land anywhere he must report the fact to the tahsildar, nor can he purchase, or bid for either agricultural land or land for building sites in colonies without the section of the local government previously obtained. A patwari sometimes tries to evade these rules by buying or taking mortgage in the name of one of his sons, but transparent subterfuges of this sort are easily brushed aside. He is not permitted to write, attest, or witness deeds or private individuals. He may be dismissed if he is deeply in debt, as will as for misconduct, neglect of duty or incompetence. As soon as he becomes unfit through age or chronic will health to do this work properly he must be relieved of his office. Small rewards are payable on retirement to well-conducted patwari who have served for a long time.

290.Employment of patwari on other, but his proper duties forbidden. Care must be taken that no patwari is employed on any duties except those laid down in the financial commissioner’s standing order N0. 15, which are amply sufficient to occupy his whole time. The chief branches of his work, the registration of the crops, the maintenance of the record of rights, and the writing up of the statistical register of each estate, will be described in latter chapters. But the other duties which he has to discharge may be briefly noticed here.

291.Miscellaneous duties of patwari. It is his business to report at once all serious calamities affecting the land or the crops, and all severe outbreaks of disease among man and beast. He must bring to the notice of inspecting officers encroachments of government lands, the deaths of pensioners and assignees, the emigration or immigration of cultivators, and the unauthorized cultivation of groves held revenue free on condition of the preservation of the trees. He must allow any one interested to inspect his records, and , if required, give certified extracts from them.

292.Patwaris’ diary. He keeps up a diary and a work-book. The first part of the diary, which is renewed annually, should contain a record of all facts of importance regarding the cultivation of the land, the state of the crops, the condition and relations of landowners and tenants, and the interests of government. The entries should be made on the day on which the events come to the notice of the patwari. At the end of each sambat month of careful general note on the crops and the cattle of the circle should be added. Orders received by the patwari from kanungo or from any revenue officer should also be entered in part 1 of the diary. Where , however an order consists of directors of a general nature it should be interested in part ii which is not renewed every year. The diary, like all other revenue record, is kept by the agricultural year beginning on 16th bhadon, corresponding to the 1st September.

293.Kanungo staff. The Kanungo establishment consists of field Kanungos, office Kanungos, and a district Kanungo. Its strength in each district can only be altered with the sanction of the local government. Ordinarily there is one field Kanungo for twenty patwaris, an office Kanungo at each tahsil, and a district Kanungo with at least one assistant at headquarters.

294.Duties of field Kanungo. The Kanungo should be constantly moving about his circle supervising the work of the patwari on the spot, except in the month of September, when he stays at the tahsil to check the jamabandis received from the patwari.

295.Duties of office Kanungo. The office Kanungo is the tahsidar’s revenue clerk, his chief work, the maintenance of the statistical revenue records, will be described in a later chapter. He has also charge of the forms and stationary required by patwari, keep the account of mutation fees, records in rainfall, and maintains the register of assignees of land revenue and other miscellaneous revenue registers. He is custodian of all the records received from patwari, and a well- ordered Kanungo’s office is an important factor in the revenue management of a tahsil.

296.Duties of district Kanungo - The district Kaungo is responsible for the efficiency of the both the office and the field Kanungos and should be in camp inspecting their work for at least fifteen days in each month from 1st October to 30th April. He is the keeper of all records received from Kanungos and patwari, maintains with the help of his assistant copies of the prescribed statistical registers for each assessment circle, tahsil and the whole district. It is necessary, as already noted to give him one or more assistants for office work. The pay of a sadder Kanungo is Rs. 75-5/2-100 per mensum, and his assistant received Rs. 60 per mensum, except in simla where he receives Rs. 50-5-75 per mensum, while special Kanungo entertained in connection with the scheme for making the contents of revenue records more ready accessible to litigants in civil and revenue courts are paid at Rs. 65 per mensum.

297.Kanungo to be employed only on their proper work. All Kanungos must be strictly confined to their own allotted work. It would be example, the improper to allow the district kanungo to be used by the revenue assistant as a reader. Nor should a tahsil office kanungo be used for case work.

298.Grades and pay of Kanungo. Field and office kanungos are graded on a single list, office kanungo being chosen from among the older field kanungos. On first appointment a field kanungo receives Rs. 40 per mensum. His appointment is on probation pending the obtaining of a certificate of efficiency from the director of land records. No kanungo is confirmed unless and until he has obtained this certificate, and if he does not obtain it within 2 years of his first appointment, his name is struck off the list of kanungos and he received to his original post, if any. No longer remaining a kanungo candidate. Field kanungo in the highest grade, or one month of the whole number draw Rs. 50 monthly. Al field kanungos receive Rs. 20 per mensum as horse allowance. Settlement kanungo are paid at the same rats as field kanungos on the district staff” field kanungo not employed in settlement work get a stationary allowance of Rs. 1 per mensum. Tahsil office kanungos receive rs. 60 per mensum.

Note-: for the purpose of this paragraph is the whole number be one less than a multiple of 4/e.g. 19,23 etc.) it should be considered to be a full multiple. This where there are 19 field kanungo 5 would be entitled to draw pay of rs. 50 per mensum. Punjab govt. letter no. 8 rev. dated Jan., 1914

299.Kanungo candidate. A register of accepted candidates for the post of Kanungo is maintained. Patwari on the district establishment and settlement patwari drawing Rs. 53 or more per mensum are eligible for this register, provided they have passed the middle school examination, but a lower educational qualification may be accepted in special cases, with the sanction of the financial commission obtained through the director of land records. Most of the candidates should be drawn from this class, as two third of the vacancies of the among kanungo must be given to patwaris. A few men below the age of twenty five who have passed the matriculation examination of the Punjab university may be accepted. But such candidate must not be given appointment till they have served two years as patwaris or as apprentices learning patwari work. No one should be accepted as a candidate who is not of active habits and able to ride. There is no such thing as a hereditary claim to a kanungos post, and the caution given as to the case of patwaris applies equally to that of kanungo. candidate must appear at the local examination held by the director of land records. On passing it and giving evidence that they have received a proper practical training they are entitled to certificates of efficiency.

300.Claims of kanungos to higher posts. Great care should be taken in choosing kanungo candidate, and there is not much difficulty in getting suitable men. The post itself is a respectable one as regards pay and position, and it carries the appointment of district revenue accountant or a naib-tahsildar. Any kanungo who have served govt. of five years including at least two years approved service as field kanungo may be selected as a naib tahsildar candidate. The commissioner’s register should always contain some names drawn from the kanungo’s list. It is true that few promoted kanungo’s are likely to rise above the rank of naib-tahsildar by becoming tahsildar. They are usually, at least when they have started as patwaris, made naib-tahsildar too late in life to do so. But their previous training fits them to do very good work as naib-tahsildar, and the post of 1st grade naib-tahsildar is sufficiently honourable and well paid to satisfy the ambitions of most men of the class from which the kanungo staff is mainly drawn. A permanent or officiating district kanungo is entitled to appear at the naib-tahsildar examination, and, if he passes, his name is put on the register of candidate. A district kanungo of not less than two years standing may be selected by the financial commissioner as a candidate for the post of tahsildar.

301.Kanungo in districts under settlement. When a district is being reassessed, the kanungo work under the orders of the settlement officer who finds it necessary to employ in addition a number of extra or settlement kanungos. He also becomes responsible for the training of candidates. At the end of the settlement he ought to leave in the district a thoroughly efficient kanungo staff with a number of qualified candidates.

302.Training of kanungo candidates in settlement work. Where posible the director of land records arranges to give kanungo candidates from districts not under settlement a practical training in settlement work.

303.Filling up post of district kanungo. A vacancy in the office of district kanungo must be filled by the promotion of an office or field kanungo. The post is one which can only properly be filled by a well educated man of active habits, of good natural ability and sufficient acquired experience. A fair knowledge of english is an indispensable qualification for appointment. No particular examination test has been prescribed but ability to read and write english reports interlligibly and fairly quickly is demanded.

The deputy commissioner should consult the director of land records demi-offcially when a vacancy in the post for six months or more is to be filled. If they do not agree as to the person to be appointed, each should state his case for the consideration of the commissionerof the division, whowill make the final selection. An appeal from his decesion will lie to the financial commissioner.

304.Disabilities of Kanungos. The rule regarding rsidence is the same mutatis mutandis for field kanungo as for patwar , and kanungos are under the same regulations as patwari as regards trading, borrowing and lending, holding land, writing and attesting documents.

CHAPTER VIII

VILLAGE HEADMEN, INAMDARS AND ZAILDARS

305.Value of unofficial agency. In the last two chapters the strong body of government servants, of which the deputy commissioner is the head, has been described. It is a powerful piece of administrative machinery, but, as links between the higher officers and the communities for whose welfare they are responsible, its inferior members have the defects which belong to purely official agency. They have therefore been supplemented by representatives of the landowners in the shape of village headmen inamdars and zaildars.

Commentary

Where lambardar fails to perform his duties, the recovery can be effected from his or his estate.

306.Convenience of dealing with village communities. It is obviously convenient for the state to deal with bodies like village communities through headmen. The internal affairs of such communities used to be and in some places still in a measure are, managed by informal councils or panchyats. But these have fallen into decay, and in any case their constitution was too loose for them to serve as intermediates between the rules and the land owners. The sikh govt. like own, found it useful to have such intermediaries. The chaudhris and mukaddims through whom it dealtwith the people corresponded roughly with our zaildars and lambardars.

307.Duties of headmen. The headmen of a village act on behalf of the landowners, tenants and other residents in their relations with the state. They are bound to attend when summoned by officers of govt., and to aid them in the execution of their public duties. Their important functions as regards the prevention and detection and detection of crime do not fall within the scope of this work. Their chief duties are set forth in some detail in a vernacular memorandum which is given to each headmen on his appointment. Those connected with land administration may be summarized as follows:-

A duties government-

1. to collect and pay into the treasury the land revenue and all sums recoverable as land revenue.

2. To report to the tahsildar-

(a) the deaths of assignees and pensioners ,and their absence for over a year

(b) encroachments on, or injury to, government property.

3. to aid-

(a) in carrying out harvest inspections, surveys, the record of mutations and other revenue business;

(b) in providing, on payment, supplies or means of transport for troops and officers of government.

4. to render all possible assistance to the village postman, while passing the night in the village, in safeguarding the cash and other valuables that he carries.

B. Duties to landowners and tenants of estate-

1. to acknowledge every payment received from them in their parcha books.

2. To collect and manage the common village fund, and account to the shareholders for all receipts and expenditure

The duties of headmen as regards the collections of revenue (a 1 and b 1 on page 128 and above) are dealt with in chapter xv. Those which fall under heads a 2(a) and (b) and A 3(a) call no remark. The financial commissioner’s standing order no. 58 deals with transport and supplies for troops. As regards the village malba (B), the 93rd and 94th paragraph of the settlement manual may be consulted.

Commentary

Lambardar under rule 20 of the Punjab land revenue is duty bound to recover land revenue and other sums which are due to the state, if money due to paid to the lambardar the liability of the person concerned stands discharged. On failure of the lambardar to deposit the amount or account for it, the lambardar is the person liable to the state and not the person for whom it was originally due. Government if recovers money from person originally liable to pay despite having his paid the amount to the lambardar, such person is entitled to decree against lambardar as also the state.

308.Remuneration of headmen. The manner in which headmen are remunerated for their service has already been noticed. The pachotra or surcharge of 5 percent on the land revenue to which they are entitled is calculated not on the demand, but on the amount collected. A suspension or remission of the land revenue therefore involves the suspension or remission pachotra, it may be doubted whether this rule is always carried out, but in case of dispute, it must be enforced. Headmen usually receive an allowance of 3 percent on account of collections of canal occupier’s rate.

309.Appointment and dismissal in districts under settlement. When a district is under settlement, headmen are appointed by the settlement officer. When the question of dismissing a headman arises, the settlement officer deals with the matter if the malfeasance was connected with work under his control, otherwise the deputy commissioner is the final authority. The officer with whom the actual decision rests should consult his colleague before passing orders.

310.Headman must be landowner of village. The headman or headmen must be chosen from among the landowners of the village. In the case of govt. estates , or estates in which govt. owns considerable share, he may be one of the govt. tenants.

311.Too many headmen often appointed at 1st regular settlement. The existing lambardar arrangements in most villages were made when they were first brought under a regular settlement. It was often found that a considerable number of the owners had in fact received a share of the pachotra, and that there were many claimants for the office of headman. The original arrangements can be recast and the number of headmen reduced with the sanction of the financial commissioner. When a readjustment of the pachotra is advisable for any reason, the collector can take action under land revenue rule 21(iv)

312.Matters to be considered in making new appointment. In making new appointments, as distinguished from the filling up a vacancies in existing posts, the chief matters to consider are---

(a) the constitution of the community to be represented.

(b) The family claims of the candidates.

(c) The extent of their landed property and their freedom from debt.’

(d) Their character ability and personal influence.

(e) Any services render to the state by themselves or the families to which they belong

The first point is important in deciding how many headmen are required. The number should be as small as possible, having regard to the claim of each principal branch of the community to have its own representative.

313.New appointment of headmen. New appointment are now a days exceptional, save in the case of estates carved out of the govt. waste. Where such an estate is leased to a single lessee, he become ipso facto headman for the period of his lease. In the village which have recently been planted in hundred on state lands brought under cultivation by means of the upper and lower chenab, the upper and lower jhelum, the lower Bari Doab and the sutluj valley chanals, the lambardari arrangements are governed by the constitution of the groups of colonies who have occupied the new settlements. In an ordinarny district new appointment are only necessary when the family, in which the post is hereditary, becomes extinct; when after the resignation or dismissal of a headman the collector finds that he must be pass over all the heirs under the vrious provisions of sub-rule(ii) of land revenue rule 17; or in the rare cases in which an increase in the number of headmen is sanctioned by the commissioner. The importance and implications of the doctrine of primogeniture are elaborated in the Lahore Law times xviii, page 43.

314.Ordinarily headman must perform duties himself. A headman once appointed holds officer for life unless the Deputy commissioner dismisses him or accepts his resignation. No man should ordinarily be retained in office who either does not, or cannot, carry out the duties efficiently. But in some cases whether inability to do so is of a temporary nature, and in others where it aprings from unavoidable circumstances, the lambardar is allowed to retain the title and even in some cases a share of the emoluments, while a substitute is appointed to do the work.

315.Appointment of substitutes in certain cases. The commonest instance of a temporary inability is that of a headman being too young to act. In that case, the appointment of a substitute is imperative. Another instance is absence from the village with the Deputy commissioner’s consent for a period not exceeding one year. Old age or physical infirmity is a disability which it might savoir of harshness to treat as a ground of dismissal. A wide dissection is left to the deputy commissioner for he can allow a substitute or sarbarah not only in the circumstances maintained above, but in any case in which “ good cause” can be shown fir the lambardar’s unfitness to do the work himself. (land revenue rule 27) an absentee landlord owing a whole estate may nominate for the approval of the deputy commission any of the residents to be his substitute. As a rule, he will have an again on the spot whom he will naturally put forward. Should he fall to nominate to a fit person the deputy commissioner choses one of the resident tenants.(land revenue rule 26(1) ) where in an estate owned by more than on person an absent headmen the responsible either individually or as a representative of other absence for more than half of the land revenue the deputy commissioner may appoint any resident owner or tenant to be dabbed. In this, and indeed in all cases in which substitutes are appointed for a lambardar whips is not a minor, the wishes of the substantive hold of the office should be put on record and fully considered, other things belong equal, the best plan, when the headman has become unfit to do his work, is to choose as his substitute the man who would naturally succeed him in the office in the event of his death. If this is his son, he will usually not be a “landowne” but this is no obstacle, for “egad shall be had to the properly which of the candidate will inherit form the person he is intended to represent in like manner as if he has already inherited it.” (land revenue rule 29 iii) in the case of minor lambaradare, their mothers often he is ineligible because he owns no land in the village, and in any case it is generally much more in the accordance with local sentiment to select a near relative of the boy’s father.

315-A. appointment in canal colonies. In the colonies it has been the practice from trthe foundation of each estate to restrict the number of lambadars to on two. Where service conditions exist, as, for instance, in the horse-breeding chaks of the lower jhelum canal colony it is usually considered preferable to have only one lambardar. These posts are si much converted that the ordinary objection against having too few lambardars does not hold good. Hereditary claims need not be regarded since the landholdes suitable landholder. In the news colonies, where service conditions do not exist, two lambadars ae ordinarily appointed.

In making such appointment care should be taken to ensure that the lambardar appointed resides, or will reside personally in the chak. It must be remembered that the post of lambadar has been created in order to the ensure the performance of services necessary for the efficiency of the administration of the province and the district. These posts are no treated to add to the prestige and influence of influential and wealthy landowners, who have no intention of fulfilling the obligations of the post. An additional objection that o the appointment of such person as lambardar, to all intents and purposes, would be performed by a servant and that landholders of considerable social standing, such as retired commissioned military officers, would occupy a position of subordination to the sarbarah lambardar a state of affairs to which they naturally have a strong objection. The land revenue rules with regard to the appointment of substitutes should therefore be most carefully observed. The only concession which can properly be made to influential and wealthy non resident landholders is that they should be appointed lambardar’s of the land which they hold themselves. In such cases they should not be permitted to have any hand in the management of the land allotted to the menials of the village.

316.Division of pachotra - It is permissible to divide the pachotra between the headman and his substitute. If it is intended to do so the arrangement must be noted in the order of appointment, otherwise the substitute will receive the whole on the principal that the man who does the work should get the pay. In any case the substitute’s share must not be fixed at less than oneself (land revenue rule 30)

317.Removal of substitute - The deputy commissioner may remove a substitute for any reason which would justify the removal of the headman himself or for any other sufficient reason. (land revenue rule 29 iv)

318.Resignation of headman - When a headman resigns, he generally ask for the appointment of his son to succeed him and in other to give him the land owners qualifications, officers to transfer a share of his holding to him by gift. Arrangements of this sort being apt to lead to quarrel’s over the division of the family holding after the father’s death should be discouraged. Where the lambardar has done nothing to merit dismissal, it is better to retain him as nominal headman and to appoint his son to be his substitute.

319.Dismissal of headman - The chief grounds on which a headman may properly be dismissed are four-

(a) loss of the states of landowner in the estate,

(b) poverty

(c) persistent neglect of duty,

(d) crime ( land revenue rule 16)

the first calls for no remarks. Dismissal in such a case is imperative.

288.Poverty as ground of dismissal. As regards the sequin, the collection of the dues of the State cannot safely be entrusted to a man who is himself insolvent. If a headman has mortgaged his own holding, and has ceased to be the person from whom its revenue is due to govt. he ought to be dismissed unless he can make arrangement to pay off with a short time the whole mortgage debt or so much it as will suffice to release so much of the holding as will be sufficient security of the govt. revenue which passes through his hands. In such a case the headman may be allowed a reasonable period within which to recover himself if meanwhile he can furnish security of the payment of the revenue and the discharge of his other duties. But make shift arrangements of this kind should not be continued for any length of time. A headman, who is defaulter in respect of his own holding, ought not to be kept in office. The mere fact, however, that one or other of the minor processes referred to in paragraphs 520 and 521 of this manual has been employed against his need not necessarily in tail dismissal. If the estate or sub division of the estate which the headman represents has had to be attached on account of areas, the deputy commissioner may dismiss the lambardar and the same course may be followed of the attachment is made by an other of any court of law proof that a headman is heavily in debt or that the amount of unencumbered land remaining in his possession is very small at once raised the question of his fitness to retained office. In these cases much depends on the cause of the mans difficulties and the likely hood of his being able to surmount them. If the revenue is paid in punctually, no readiness should be shown the harass a headman and gratify his rivals by fishing enquiries into his private affairs. The practice which have prevailed in some places of encouraging patwari’s to report cases of indebtedness is very objectionable. No tahsidar who exercises proper control over the land revenue collection, and who moves freely among the people, has any need of such written a reports , and the acceptance of then puts the patwari in a position with reference to headmen which he has no right to occupy.

289.Punishment for neglect of duty. Neglect of the duty which is either gross or persistent, should be followed removal from office, minor breaches or rules or acts of negligence nay be punished-

(a) by the forfeiture of the whole or part of the pachotra; or

(b) by suspension from office for a term not exceeding a year.

Orders attaching the pachotra usually only relate to that due at the next harvests, and in no case should the Peachtree of more than two harvests be declared forefeet. A substitute may be appointed to do the work of a headman under suspension.

290.Commission of criminal offences as ground of dismissal - Considering that one of the chief if a headman is to aid in the prevention and detection of crime, he ought to be removed from office if convicted of any serious offence. If he is sent to jail for a year or more, the deputy commissioner has no choice be must dismiss him; otherwise he has a discretion. Every petty breach of the criminal law need not be magnified into a ground for dismissal. The conditions of life in a Punjab village are such that a man is very liable to be hauled before a magistrate for acts, or alleged acts, which are offences under the Indian penal code, but which it is an abuse of language to quality as crimes. The only rule that can be laid down is that , if the facts proved against a headman indicate that he is unfit jot be entrusted worth the duties of his post, he should cease to hold it. If he is shown to be dishonest, or to consort with bad characters, obviously he should be dismissed. A conviction of theft or cheating proves him unfit to face charge of public money; and order to give security to be of good behavior or trustworthy evidence of convidenance with relied on for help in suppressing crime or in enforcing the excise laws.

291.Filling up of vacant posts - Where the office of headman become vacant. It is the duty of the tahsildar to report without delay regarding the appointment of a successor. It is convenient to use a tabular form for such reports as information on certain points is required in every case, and any special features of a particular case can be noted in the brief remarks explaining the recommendation of the tahsildar.

323-A. Appointment to vacant posts should not be delayed - In view of the importance of the duties performed by village headman, it is imperative that when a post falls vacant, it should be filled as quickly as possible. In cases where the decease’s is to be succeeded by his heir, under land revenue rule 17(ii), and no other candidate is forthcoming, no reference need be made to the collector as the appointment is sanctioned by the assistant collector, 1st grade. It is advisable, however, that the sanad of appointment should be signed by the collector himself as this emphasizes the importance of the post and enhances the value of the sanad.

 

In cases of disputed succession, the appointment is made by the collector and subordinate officail have no direct responsibilty with regard to the appointment other than the provision of such accurate information as will enable are chiefly or wholly owned by government and hereditary claims carry but little weight, the emoluments of lambardar are very considerable because of the large sums of land revenue and water-rates to be collected. The value of these posts os still further enhanced in peasant chakd by the allotment of a lambardari square or half-square, it is therefore all the more desirabble that such cases should not be delayed than of two months be permitted to occur between the occurrence of the vacancy and the placing of all the papers before the collector for his decision. The practice of subordinate officials sending repeatedly for all candidates, to examine them with regard to their claims and qualification, opens the door to opportunities of patwari to the tahsidar. An early date should then be fixed by the tahsidar or naib-tahsildaron which he will consider and investigate all the applications for the vacant post. He should, if possible, arrange to hold the investigation in or near the estate concerned. The claimants should be given an other claimants. A report should be called for from the local police station as in no circumstances should the candidates be called upon to attend the police station for the investigation for other claims or other objections to other claimants, the papers should record his opinion in the file from his own personal knowledge and from the material already collected. He should not delay the case by sending for the claimants. The papers should be then be laid before the collector should fix a date for the decision of the case, notify all the claimants and have the date proclaimed in the estate concerned. Meanwhile, he should forward the papers to the superintendent of police for and expression of that officer’s opinion. That opinion should be given by the superintendent of police from the material already collected on the file, and from his personal knowledge of the claimants.

In the case of succession to lambardari in an estate or sub-division of an estate owned chiefly or altogether by government to which land revenue rules 17(1) as amended by correction slip no. 44 dated 4th December, 1937 applies, a period of 3 months should be allowed within which papers should be placed before the collector for his decision.

292.Hereditary claims. Expert in estates chiefly or wholly owned by government, much weight is attached to hereditary claims. The eldest fit son of the late labmardar should ordinarily be appointed, and, when there is no son, the nearest collateral relation, according to the rule of primogeniture. Where there are no near collates, the necessity of regarding hereditary claims disappears.(land revenue rule17 ii a). the nearest heir may of course be set aside for any reason which would justify his removal from office if the were a headman(land revenue rule 17 ii c) whether the claims of sons should be considered where a headman had been dismissed depends on circumstances. If he ground of dismissal has been insolvency, the son will be subject to the same disqualification; if is innocent of any share in his father’s misdeeds, he will generally be under his influence. If the other reasons for excluding him seem insufficient, the mere fact that he owns no land during his father’s lifetime does not bar his appointment. The property which he will inherit on his father’s death may be taken into account as if it was already his own (land revenue rule 17 ii b)

293.Votes must not be taken. Even where hereditary claims have to be set aside, the votes of the landowners must not be taken as a mans of deciding between rival candidates. (land revenue rule 17 iv)

294.Appointment of females. Females are ordinarily ineligible. But a woman who is sole owner of an estate may be appointed and special reasons nay occasionally exist in other cases for departing from the general rule. ( land revenue rule 17 ii d)

295.Appointment when hereditary claims are set aside. Where hereditary claims do not exist, or have to be set aside, the considerations governing appointments are those mentioned in paragraph 312 (land revenue rule 17 iii)

296.Claims of transferees. Where a headman is removed because his own holding of the whole estate or sub-division of the estate for whose revenue he is responsible has no account of arrears been transferred to a solvent co-sharer, put under direct management , or leased that a farmer, the transferee, manager or farmer may, if the deputy commissioner thinks fit be appointed lambardar (land revenue rule 19 1) where a headman loses office because he has mortgaged his holding, the mortgage has usually no claim whatever to succeed him. But he may at the deputy commissioner’s discretion, be allowed to do so where the revenue of the transferred holding so more than half of the whole revenue for the payment of which the late headman was, as such, responsible (land revenue rule 19 ii) the appointment refereed to in this paragraph are not in their nature permanent. When the temporary alienation’s from which they spring come to an end, the transferee, manager, farmer or mortgage must lay down his office. A fresh selection is then made by the deputy commissioner, having regard to the regards stated in paragraph 312.

297.Reduction in headmen when number is excessive difficult. Reference has already been made to the inconvenience by the needless multification of headmen’s posts at the first regular settlements. Substantial men as heads of villages are among the most necessary instructions of a vigorous revenue and criminal administration. The framing of a general scheme of reduction requires a large amount of local knowledge, and a patient enquiry into the history of past appointments in every estate affected. The files relating to the arrangements made at the first regular settlement and those dealing with subsequent appointment must be scrutinized, and the enquirer must obtain a clear idea if the constitution of each estate and must trace the origin of its sub-division by examining the village administration paper( wajib-ul-arz)(see paragraph 295-96 of the settlement menual) and genealogical tree (shajra-nasab)( see appendix viii to the settlement manual). The time for making such an enquiry is hard to find in the throng or daily duties which he requires can be collected and put into shape for him by his officers, but, even so, the task is a heavy one.

298.General schemes of reduction -(1) when a district is brought under re-settlement and the settlement officer finds that a reduction in the existing number of headman is required in the interests of good administration in a considerable number of village throughout the district or in any particular tahsils, he should in consultation with the deputy commissioner; prepare a scheme for effecting the necessary reductions gradually as vacancies occur.

(1) the main positive ground for reduction of a lambardari in an estate is that the existing number of lamberdar is excessive for the purposes of administrative efficiency, while the existence and degree of this excess will generally appear from the fact that the panchora of the post which it is proposed to reduce is insignificant as a remuneration for the duties to be discharged. It is difficult to lay down a standard figure for the whole province as much must depend on local conditions, but any individual pachotra less than Rs. 20 per annum may as a rule, and in the absence of special circumstances, such as the insignificant. The commissioner should prescribe a suitable general standard for each district in his division and in some cases it may be advisable to fix such standards for particular tahsils. It is not, however, by any means intended that every lambardari of which the pachotra os below the prescribed amount should necessarily be proposed for reduction apart from the other modifying considerations, of which some are noticed below .on the other hand, where the pachotra the amount received in respect of canal occupier’s rates(paragraph 308) should be neglected.

(2) In determining what appointment should be retained and what abolished special attention should be paid to the composition of the village proprietary body, to the circumstances under which existing appointment became vested in certain families and to the present position and influence of these families. No proposal for reduction can be fully satisfactory unless it takes sufficient account of the origin and history of the lambardari which is proposed for reduction. For instance, it is generally desirable to reduce the lambardari held by the junior branch of a family, rather than that held by the senior, and, in order that secure this, it may be advisable to forego an otherwise suitable occasion for reduction and defer the latter step until the occurrence of a more appropriate vacancy.

(3) In estates homogeneous as regards casts and tribes, reductions may properly be made more freely than in those where there is considerable diversity in these respects.

(4) Reduction is not generally advisable where its effect will be to place any considerable number of proprietors of one religion, tribe or caste under a lambardar of another patti or sub-division of a different religion etc.

(5) As a rule, it is better if the conditions permit to reduce the post of second lambardar of one tariff, patti, or other sub-division of an estate, rather than that of the sole lambardar of another taraf, etc.

(6) The proposals of the settlement officer and the deputy commissioner should be embodied in a register in the form prescribed in paragraph 5 of standing order no. 20 village headmen. They should not be announced to the villages, nor will they be submitted to higher authority for sanction. But, if there is any difference of opinion between the settlement officer and the deputy commissioner, the register, together with any connected papers relating to any lambardari about which there is such disagreement shall be forwarded to the commissioner, who will decide whether such lambardari shall or shall not be retained in the register. The register will then be made over to the deputy commissioner, with whom it will remain.

(7) Whenever a vacancy occurs in a lambardari which has been recommended for reduction in the register prepared at settlement, the deputy commissioner will, subject to what is subject to what is said in the next sentence, send up the case to the commissioner, with an extract from the register and other papers required by standing order no. 20 in the case of causal proposals, whether he agrees with the recommendation made in the register or not, but he should not, save in very exceptional cases, send up cases in which the settlement officer’s proposal would result in either the total number of lambardars in the village being reduced to one or in the passing over of an heir in the direct line, especially a minor. In the above contingencies the financial commissioner will not generally sanction a reduction. In other cases if the deputy commissioner thinks that effect should not be given to a reduction proposal in the scheme, in the special circumstances of the vacancy which considers that the occasion is not appropriate for reduction, the case may be disposed of by his order, but in the cases in which he considers that reduction should be made a reference should be made to the financial commissioner and the procedure prescribed in paragraph 332(3),(4) and (6) below will be applicable to them.

(8) A similar scheme may, at any time, for sufficient reason, be prepared by the deputy commissioner of a district not under settlement with the financial commissioner’s previous approval.

(9) To ensure that the recommendations made in a scheme prepared by a settlement officer or deputy commissioner are not over-looked, deputy commissioners of districts in which a register has been prepared should require ahlmad in charge of lambardari cases to note on all files of appointment to a vacant lambardari whether the vacant post has been recommended for reduction or not.

299. Canalled.

300.Causal proposal for reduction.

(1) Causal proposals for the reduction in the number of headman in an estate should be made by transmission of the files in original through the vernacular office, together with an English abstract in the tabular form given in paragraph 6 of financial commissioner’s standing order no.20 and a skeleton abstract of the shajra-nasib, showing the origin of each of the pattis or tarafs of the village, the revenue paid and the number of revenue payers in eaxh, and the relationship of the sun division of the village, the lambardaro of which it is proposed to reduce, to the sub-division in which it is propoesed to be absorbed as regards lambardari arrangements.

(2) the mere absence of a properly qualified hereditary successor to a vacant lambardari, through it may help to render the vacancy a suitable occasion for a reduction desirable on other grounds, is not alone and of itself an adequate ground for reduction. Much should reduction be proposed solely as a penalty for delinquencies measures are available. The principles laid down in paragraph 330 should also be followed in making causal proposals for reduction.

(3)when a collector decides to propose a causal reduction, he shall intimate that fact to all the parties interested, viz; these whose names are entered in columns 5 and 6 of the form, and shall give them sufficient opportunity to bring to his notice any objection of them may think fit to urge against the proposed reduction. He shall cause his proceedings in this connection to be recorded in the vernacular files in detail, and shall also cause a detailed record to be made of such objections as are made to him. Where the collector is nothimself the deputy commissioner f the district, he shall forward the file to the deputy commissioner, who shall return it with his opinion.

(1) The collector, after completing his proceedings, shall, in a case of which he considers reduction desirable, forward the papers prescribed above to the commissioners for orders.

(2) If the commissioners is of opinion that a reduction is not appropriate, he shall record his order on the papers and return them to the collector.

(3) In other cases the commissioner shall ordinarily retain the papers on his file till the expiry of two months from the date of the collector’s proposals; and, if any person has objected to the proposals, he shall give the objector or objectors an opportunity of being heard, and shall record the objections urged by them. He shall then complete the papers by recording an opinion in which he shall deal with the objections made to the proposal, and shall forward the papers to the financial commissioner for orders.

301.Chief headmen. A device which was formerly adopted in order to lessen the inconvenience caused by the excessive number of lambardars appointed at the first regular settlement was the institution of the office of chief headmen(ala lambardar) in estates with several headmen. It is generally admitted that the office of chief headmen has served no useful end, and, later a large number of ala lamberdari posts were reduced. In 1909 the gradual abolition of the ala lambardari system in the districts in which it still obtains was orders. In future, vacancies will not be filled, and the ala lambardiari of any man who is dismissed or is granted a zaildari or other inam will be resumed. All existing ala lambardiari will enjoy their present emoluments for life unless they become resembles as above. In addition to this ordinary pachotra on the revenue of the sub-division which he represents as headmen. The ala lambardar receives one percent, on the revenue of the whole estate (land revenue rule 24) orders to be carried out by a headmen may, if thought desirable, be addressed to the chief headman, and the latter is responsible that any orders issued are properly executed, and should carry them out himself if the headman responsible fails to do so.

302.Zaildars. As already remarked. Zaildars represent the chaudhris of former times. The existence and value of chaudhris was recognized at the time of the annexation of the Punjab. But the measures taken to maintain the influence of men of this class were not sufficiently definite and practical, and the position of chaudhri fell into decay. The credit of revising it and of belongs mainly to Mr. Prinsep. Almost everywhere in the Punjab, and even shoulders above the ordinary headmen, and whose influence extends not to one, but to a number of villages. If the proper men are found, and the higher officials of the district know them well and use them wisely, the work of administration is greatly assisted. In his zaildars the deputy commissioner has a ready means of getting into touch with his people, of understanding revenue and administrative work in which he can utilixw the services of the zaildars, and, above all, he has in them a powerful engine for the prevention and detection of crime.

303.Formation of Zails. In the closing paragraphs of the settlement manual the measures connected with the first introduction of the zaildari agency into a district and the principles to be followed in grouping estates into jails are described.

304.Duties of zaildars. The duties of zaildars are set forth under seven heads on the sanads (see financial commissioner’s standing order no. 21, paragraph 15, and rand revenue rule 9) which they receive on appointment. Their functions with regard to crime are within their larger spheres similar to those of headmen within their villages. They are of very great importance, but this is not the place to describe them. Like lambardars, they are bound to aid in all sorts of revenue work, and to report when geovernment buildings, roads or boundary marks are out of repair. when called to do so they notify throughput their zails all govt. orders, and use their personal influence to secure prompt compliance with them. While abstaining from personal interference with the work of lambardars and patwaris, it is their duty to see that they perform ir properly, and to inform the authorities of any failure to do so. Forbidden to intermeddle of their own motion with cases pending in the law courts, they can sometimes be employed with advantage as conciliators, or in making preliminary enquiries into criminal complaints, which appeared to be probably the exaggerated reflections of petty village or family quarrels. It is incumbent on zaildars “ to see that the headmen ….. of the zail perform their duties properly (see land revenue rule 9 ii) including of course the duty of paying in land revenue promptly. But a discreet use should be made of the rule, and zaildars ought not to be employed as if they were peons. More especially they should neither be ordered themselves to collect any sums due to govt. nor permitted totake land revenue collected by lambardars to the tahsil.

305.Duty of attendance on officers visiting their zails. They must attend on govt. officers who pass through their zails, this is a duty which is usually cheerfully performed, and which should always be enforced. A deputy commissioner ‘s should try to see all his zaildars at least once a year in or near their zails, and should encourage them to visit him from time to time at headquarters. If they find that the district officer talks freely to them on matters of local interest, and encourages a frank expression of their views, they are sure to value these opportunities of meeting him.

306.Percentage of land revenue allotted for remuneration of zaildars an inamaders. For the remuneration of zaildars a sum os set aside out of the land revenue amounting usually to 1 percent. If inamdars, as well as zailsars, are appointed an additional ¼ per cent is allowed. This deduction is made from assigned, as well as from khalsa, revenue. In the case of assigned revenue, the higher contribution that can legally be taken is 1 ½ per cent. But the usual rate s 1 ¼ per cent as noted above, and more than ¼ per cent should not be devoted to the remuneration of inamdars. ( section 28 (2) of act xvii of 1887. Land revenue rules 3 and 11 financial commissioner’s standing order no. 21)

307.Methods of remuneration. There are two ways of treating the sum devoted to thepayment of zaildars. Each zaildars may receive 1 per cent of the land revenue of his own circle in the form of an inam paid out of the jama of some particular estate, generally that in which he himself is headman. Thus, if the zaildar is assessed at Rs. 24900 the inam will be Rs. 249, and the zaildar will keep back that sum when the revenue of his village os paid to govt. a better paln is to have inams arranged in different grades, the total being equal to 1 per cent, of the land revenue of the tahsil or district. (land revenue rule 12)

308.Advantages of grade system. The grade system gives the officer who fixes the limits of zails a much free hand. It secures a fairer distribution when zaildars are first appointed for it by no means follows that the zails which yields the biggest revenue is either the largest in area or the most troublesome to manage. Above all it enables the deputy commissioner to recognize good work by promoting deserving men on the occurrence of vacancies and now and then to punish slackness by reducing a zaildar appointed to fill a vacancy should always be put in the lowest grade. Even where the plan of graded inams is in force, the zaildar gets his pay in the shape of an inam out of the revenue of some village. The reason is that to indian minds this seems a more honorable form of payment then the receipt of many from the tahsil treasury.

309.Inam first charge on revenue of village from which payable. The zaildar’s inam is a first charge in the revenue of the estate from which it is paid. Partial sustentions or remissions therefore do not affect the zaildar so long as the balance is large enough to cover his inam. If it is not, the deficiency should be made up to the zaildar from the revenue of some other village. ( Punjab govt. no. 222 dated 11th November 1903-revenue proceeding no. 6 of November 1903)

310.Zaildar must as a rule be headman. In choosing a zaildar, the field of selection is usually confined to the headmen. Occasionally, the most able and influential man in a zail may be a landowner or government tenant, perhaps a jagirdar or pensioned Indian officer, who is not lambardar. On a vacancy occurring, such a man may be appointed if the commissioner of the division has previously accepted him as a suitable candidate(land revenue rule 4) care must be taken in putting forward names that a pushing newcomer is not taken at his own valuation, and allowed to thrust aside deserving men of the old chaudhri class.

311.Qualification of candidates. It is true that it is a settloed rule that “ in the appointment of zaildar regard shall not be had to any alleged hereditary claim” but, as two of the chief matters to considered are “ the candidate’s personal influence and the degree in which he is by race or otherwise fitted to represent the majority of the agriculturists who resale in the zail” and the “ services rendered to the state by himself or by his family,” it is obvious that questions of descent cannot be wholly excluded, influence is very commonly hereditary in certain families, and a man who has done nothing to forfeit the respect in which his ancestors have been held in the countryside may assuredily be allowed to urge in his own behalf the services they have rendered in the past as chaudhris and zaildars. The other points for consideration are-

(a) personal character and ability.

(b) Extent of property in the zail, and freedom from debt.( land revenue rule 5)

312.Appointment of minor. It sometimes happens that the only suitable candidate is a minor. It may be found, especially in the hills, that to take the zaildar from any family but one involves a breaking up of old ties and a weakening of the means government has of influencing the people. In such a case, if the representative of the family is a minor, one of two course may be followed. The minor may be made zaildar, and a substitute nay be appointed to discharge during his nonage the duties of the office, or, if it is through expedient, the post may be left unfilled for a time.(land revenue rule 7)

313.Votes of headmen may be taken. To assist him in deciding between rival candidates, the deputy commissioner nay, if he thinks fit, have the votes of the headmen taken in his own presence at some place within the zail (financial commissioner’s standing order no. 21,paragraph 3.) this course, through not suited for general application, may be usually and appropriately adopted where there are two or more candidates of nearly equal marit. It may also be followed in other cases of a special nature the circumstances of which appear to demand it. Such cases will probably increase in number with the lapse of time. Care, however should be taken that the special procedure for taking votes is not so used as to encourage the idea that the post of zaildar is one dependent merely on popular fervor, and did not rather a distinction received from the representative of government, and in this connection it should be noted that the deputy commissioner is not bound to appoint the candidate who secures most votes.

314.Inamadars. In many districts ir has been throught expendient to supplement the zaildari agency by setting up a class of inamdars or safedposhes. The servies required of an inamdar are within his own sphere of the same type as typse remdered by a zaildar, but he receives a much smaller inam. And has no defined group of estates put under his charge. He should clearly understand that he is bound to assist in every possible way the zaildar in whose zail he resides. Occasionally services of a special kind are required by the condition on which the inam was originally granted. the or ders regarding appointment loss of office and succession are the same for inamdars and zaildars subject in the case of the former to any special conditions imposed by government when the inam was first granted. in jhelum district and in the talagang tahsil of attack district which tahsll was formerly a part of old jhelum district, special rules exist which will be found in the land revenue rules. Some of the inams are of a seemi-hereditary nature. Such inamdars, who sometimes are called ilaqadars of halkdarsw parform all the duties of zaildars”.

315.Punishment and dismissal of zaildars and inamdars and appointment of subsstitutes. The order regulating the punishment and dismissal of zaildars and inamdars,and the appointment of substitutes to perform their duties, are practically identical with the corresponding orders in the case of headmen. A zaildar must be deprived of office when-

(a) he ceases to be a landowner in the zail, or has mortgaged his holding and deliver possession to the mortgagee;

(b) His holding has beentransferred, or its asseessment annulled, on account of failure to pay land revenue;

(c) He is sentenced to imprisonment for one year or upwards.3

316.Zail books. Wherever the zaildari agency exists, zail books `wherever the zaildari agency exists,zail books should be maintained. One volume should ordinarily be kept for each tahsil, and should contain in a pocket a map of the tahsil showing the zails concerned. The book should be of foolscap size, and a map of each zail should be bound into the objet in the proper place , together with statistical tables showing the information prescribed in the Financial Commissioner’ s Standing Order No. 21. Whenever a new zaildar is appointed, an abstract of the order passed by the candidates, and the reasons why the collector has selected or reheated them. The results of appeals should similarly be shown.

Zail books should be treated as strictly confidential and kept in the personal custody of the collector. copies of entries in the book should on account but given other to the persons concerned or to anyone else. It will thus be possible for the collector to record remarks in these books, expressing frankiy his own opinion about the zaildar and various matters connected with the zail. These remarks will be of the greatest use to his successors. Ordinarily, the collector should arrange to record a note once a year about each zaildar and inamdar so that the record may be kept up to date.

Are confidential official records although they are allowed to remain in the custody of zaildars in order that all authorized officers may be able to record notes in them. They are bit tge orioerty of the persons to whom they are given, and shoulsd be surrendered when thosee persons cease to hold the appointment for which the books has been granted to them. The book should contain a map of the zail and the statistical information required by financial commissioner’s Standing Order No.21. where an inamdar has beeb made spcially responsible for a portion of the zail, this should be noted in his book. An abstractt of the order of appointment of the zaildar of inamdar should be copied in to the book. The collector should insist on seeing all such books at least once a year, and should make a point of recording an entry at elast once a year in each book and should make a point of recording an entry at elasst once a year in each book and of seeing that the Superintendent of police has had a similar oportunity of recording his remarks. No entry should be made in the book by an officer below the rank of an Excise officers, Deputy superintendents of police, assistant registrars of Co-operative societies and Deputy Directors of Agriculture, and, in hhorse-breeding circles, district remount officers should be encouragedbciyraged to make entries in these books. Divisional and District inspectors of schools may also wrte their remarks when a zaildar presents his book for the purpose. They are not, however, empowered to call for these books or to insisst on the attendance of zaildars. A zaildar should do all that he can to co-operative witgh Educational inspectors in the development of schools. Divisional inspectors of panchayata may also record remards in these books’.

Since the book is not the property of the zaildar of inamdar it should be clearly explained to him that he should not paste nito it any sanads or certificates. He should by warned not to have copies made of remarks recorded in the book without the express permission of the Deputy commisseoner. He should also be strcty forbidden from showing the book ti any person other hen an officer authorized to record his opinion in it.

BOOK III

Agricultural stateilstics and record of rights in land\

 

CHAPTER IX

HARVEST INSPECTIONS
317.Harvest inspections. It is one of the chief duties of a patwari spect the crops of each harvest field by field before they are cut. This inspection is known as the girdawari. It usually begins on 1st October for the kharif, and on 1st march, for the rabi, harvest, but the commissioner of the division can change these dates after consultating with the director of land records when the special circumstances of any district make others more suitable. When for any reason the ripening of the crop is later than usual the deputy commissioner may postpone the inspection for a period not exceeding fifteen days. A few crops, chiefly melons and tobacco, are sown very alte in the rabi season and are gathered some time.

After the other crops of that harvest are got in. in village where these extra Rabi crops are grown a separate inspection of them is made about the middle of April. In some districts a crop inspection intermediate between the kharif and the Arabi Girdawati has been found necessary.

318.Object of harvest inspections - The object of harvest inspections is to collect accurate information regarding-

(a) crops,

(b) changes in rights, rents and possession of land,

(c) amendments required iln the village map.

The first is indispensable for the assessment and collection of land revenue in a province where half the land is cultivated by the owners and the greater part of the remaining half by tenants paying rent kind; the second and third are aids to the maintenance of a true records of rights in the soil. Only such changes need be noted in the harvest inspection register as must under the rules be embodied in the record of rights. Others should be entered in the patwari’s diary.

319. Cancelled

320.Record of ailed crops essential. It is essential to distinguish betwwen crops which ripen and those which fail. The latter are classed as “ kharaba” the instruction regarding which as follows:-

“when crop is sown and dries up, or is destroyed by calamity, it should be returned as kharaba. Very careful attention must be given to partially failed crops, that is, crops if which the yield appears to be much below average. When the actual yield as a whole of the crop grown in one khasra number no. is estimated by careful inspection to be not more than 75 percent of the usual or average yield, then a deduction from the whole area of the crop should be made ; for example, an inferior filed of wheat, area 4 kanals, may be returned as, but this should only be done when the actual yield of the whole crop ils estimated to be not more than 75 per cent of the average, and the kharaba allowed should be only as much as is necessary to raise the shole crop of the area returned as under crop to the average of an ordinary harvest. The average yield is that adopted by the settlement officer at the prvious settlement for the assessment circle in which the village is included, unless some other yield has been specially perscribed in the dastur-ul-amal or else-where. The crops for which average yields are not fixed at settlement are generally unimportant. The revenue officials concerned should judge for themselves what yield should be regarded as separately in different portains of one shasra number the above procedure should be applied separately to each of such distinct crops. Deduction for kharaba made under this instruction should, unless some other special local scale has been prescribed by proper authority, be enteed as far as is reasonable practicable in accordance with the following scale taking 16 annas as the average yield of a crop:-

  • yield more than 12 annas no deduction
  • yield more than 8 annas but duduct ¼ of the sown area.
  • not more than 12 annas.
  • Yield more than 4 annas but
  • Not more than 8 annas deduct ½ of the sown area.
  • Yield not more than 4 annas deduct whole sown area.

Jowar which fails in the year should be entered not as “ jowar kharaba” but as ‘chari pukhata’ the same details should be given for failed crops as for matured crops.

321.Khababa in canal colonies. In the lands irrigated by the upper and lower chenab. Upper and lower jhelum and lower bari doab canals, and in lands under fluctuating assessment in some tracts which have recently been resetted, new rule for the record of kharaba have been introduced. Tables showing the ‘’standard’’yield of the croqs are prepared. A croq which reaches that standard is called a sixteeen-anna crop. Whether the standard is to represent an ‘’average ‘’ crop or a ‘’ good’’ crop can hardly be said to have been yet decided. When seed fails altogether to germinate or the crop is worse than a four-anna one, the whole area is returned as kharaba. When it is equal to, or better than a four-anna, but wores than an eight-anna crop half is entered as kharaba; no education is allowed when it is equal to or beter than, an eight anna crop.

 

322.Checking of kharaba. The entry of kharba is a matter which ra-quires both honesty and sound judgment on the part of the recorder, and this branch of the patwari’s work should be carefully tested by all supervs-ing officers. But where the record has been made with care and is generally sound, it is well to refrain from making petty alternations here an dthere which affect but slightly the main result. More than ordinarly care is of course required in tracts under fluctuating assessment, where the amoun to fthe demand at each harvest depends directly on the area of matured crop. There are specail rules as to the check to be exercised over the record of kharaba in such cases.

 

323.The khasra-girdawari. Entries respecting uncultivated soils. The harvest inspection book is known as the khasra girdwari; in this register and in the record of rights uncultivated land is classified as banjar jadid banjar kadim and ghair-mumkin. The exact meaning pf each of these terms is explained in the 267th paragraph of the settlement manual. Lan dwhich is not under crop. But which has not lain fallow long enough( e.g. for four harvests) to be described as banjar jadild, is called khali (empty)

 

324.Taradaddi. By a fefinement, which serves no very useful purposes, another class is recognised under the name of taradaddi, i.e. under tillage. This term is applied to a field which bears no crop ceonging to be harvest under inspection, but “has been ploghed for the next harvest, or is occupied by trees or plains, which will fruit in the coming harvest.” Examples are fields of cotton or cane in the rabi. Cane which is planted about march, and occupies the ground for ten or eleven months, is treated for statistical purposes as a kharif crop. Land is ploughed for cotton, another kharifstaple, in the cold weather, and, where irrigation is available, the sowings also often take palce before the rabi crops are cut. Orchars which fruit in spring are shown as taradaddi on the kharif.

 

325.Classification of crops and cultivated soils. The terms barani, sailab, abi, chani, nahro, by which cultivated fields, and the crops grown on them are distinguished are explianed in the 259th paragraph of the settlement manual. Where the moisture on which the crop depends is derived from a double source, two of these terms may have to be combined, e.g. chani-nahro, chahi-sailab.(see paragraph 442 and 451 of the settlement manual.) fields are classified according to their permanent characters and crops according to the actual facts of their cultivation in theharvest under insepction. For example, chahi fields are often put uner barani crops, and the converse sometimes happens(see paragraph 260 of the settlement manual)

 

326.Entries relating of wells. As it is important to have a record of wells at work and out of use a remark showing how the matter stands os entered against each field in which a well is suited. When a new well has been sunk the fact is noted.

 

327.Entries of owners and tenants. There are columns in the harvest insepction register in which to show the ownership and cultivating occupancy of every field. Changes should be noted with care. It is only through the khasra girdwari that alterations in tenancies-at-well find their way into the record of rights.

 

359(a). The patwari should intimate to the gram panchyat concerned, within 15 days of finishing the girdawari, the following changes of cultivating tenancy made by him in khasra girdawari so that the latter should inform the persons concerned about these changes :-

(1) when there is a change in cultivation from a tenant that the landlord;

(2) when there is an addition of a tenant to the existing tenant;

(3) where there are two or more than two tenants and the name of one or more tenants is removed from entry in the khasra gidwari.”

 

328.Changes In Fields. Where one filed has been divided into two, or the boundry of a field has from any cause undergone change, the patwari should make a rough measurement sufficient for the crop entries, and put a red cross opposite the filed number in the remarks column to remind him that a correction of the village map is required.

329.The crop abstract. When all the entries for a village finished. The toals for each frop must be made out and entered in the crop abstract of the estate before work is started in another village. The uses of this very important statement will be descrived in a later chapter(see chapter xvi of this manual paragraph 307 of the settlement manual and paragraph 7 of the financial commissioner’s standing order no. 22) a statement in the same form os the chief of the sateistical returns included in the village revenue register or note-book. As soon as the crop abstract has been checked and signed by the filed kanungo, the patwari copies the entries into the corresponding form in this reglister, and sends the original to the tahsil. Promotitude in filling these returns is a matter of prime necessity, if any question regarding the suspension of any part of the land revenue demand is likely to arise. The kharif statements should, if possible, all reach the tahsil by the 1st november, the rabi statements by the 1st of april, and the extra rabi stements by the 1st of june.

 

Hon'ble Revenue Minister

Hon'ble Minister-In-Charge
Shri. Gurpreet Singh Kangar

 


 

Special Chief Secretary, Department of Revenue, Rehabilitation and Disaster Mangement
Shri. Karan Bir Singh Sidhu, IAS

What's New

Regarding Additional Stamp Duty
Notification dated 30-01-2019_regarding amendment in Schedule I-A of Central Act 2 of 1899 : The Indian Stamp (Punjab Amendment) Ordinance, 2019
Pilot launch of Demarcation by using Electronic Total Station in five districts Patiala, SAS Nagar, Ludhiana, Amritsar and Jalandhar.
Launch of Online Registration (NGDRS) as pilot project at Moga and Adampur on 17th November, 2017.
Online Registration (NGDRS) is implemented in all Sub Registrar Offices of 22 Districts of State of Punjab