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September 1, 2011

Abolish ‘ornamental’ post of lambardar: High Court


Chandigarh, September 1
The Punjab and Haryana High Court has made it clear that it wants the “ornamental” posts of lambardar to be abolished in the states of Punjab and Haryana.
In a significant order, Justice Alok Singh minced no words to say lambardars were involved in identifying imposters substituting for dead or real landowners; and were a burden on the state exchequer.
“It has come to the notice of this court that nowadays lambardars are involved in different criminal cases for identifying imposters for the dead or the real landowners to grab their valuable land. Remuneration paid to the lambardars from the state exchequer seems to be unnecessary financial burden on the state, while the lambardars have no active duties/functions to perform,” the court held.
This is high time when the government should consider the desirability to abolish the posts of lambardars within the states of Punjab and Haryana, Justice Singh observed. The directions came on a petition challenging the appointment of a lambardar of Tharu village in Sonepat district.
Justice Alok Singh took note of the fact that the duties of a lambardar or headman, among other things, include collection of “all land revenue”, “collect the rents and other income of the common land”.
Justice Alok Singh added prima facie after the 73rd amendment in the Constitution of India, enactment of Punjab Village Common Lands (Regulation) Act and Registration of Births and Deaths Act, “lambardar hardly has any duty or function to perform, which he used to perform in the pre-Independence era. Prima facie, in the opinion of this court, the post of lambardar has become ornamental”.
Before parting with the order, Justice Alok Singh observed the courts were flooded with litigations challenging the appointment of lambardars; and directed the filing of an affidavit by a responsible officer not below the joint secretary’s rank in the department of finance in Punjab and Haryana.
The officer has been asked to specify the exact duties or functions being discharged by the lambardars; whether the functions could be delegated to the panchayats and how many lambardars in Punjab and Haryana are facing criminal cases since January 1, 2009, for identifying imposters for dead or real landowners”.
The case will now come up for hearing on September 19.

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