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| Lambardar is still a child of hereditary rule-A case of villages Ghan and Shirote of Kishtwar district | | | Hakim Singh
Historically the title
'Lambardar' was used
for only powerful families having huge lands in a village or a town. It was a state-privileged status and hereditary nature, had wide ranging powers like the policing authority of the village, and many other governmental and administrative benefits. This even continued today as can be seen in case of Pakistan, almost all elected leaders of the state have been from the landed and feudal gentry in many cases holding the title of Lambardar. Most presidents and prime ministers also have been from feudal stock, with the exception of material law administrators and general who led coups.
Legally a person appointed to perform the duty of collecting or supervising the collection of revenue of an estate and include Kanungos, Patwaries, Service centre Officials and headmen (Lambardar). The board of revenue may with the previous approval of government, make rules to regulate the appointments, duties, emolument, punishments, suspension and removal of village officers.
While looking into the Indian context the title is not considered as any 'office of profit' but a hereditary based tax collector in the country as per as supreme court order is positioned. This argument can be further supported through his or her eligibility of contesting the election for Sarpanch in local governments. But in Jammu and Kashmir the picture seems a little bit different due to specificity of the laws dealing with the post of Lambardar. According to Jammu Kashmir Lambardari act a person shall not be qualified to be elected or appointed as Lambardar, if he is under 30 years of age and working as employee of the Government or local body. He must not be of unsound mind or a person who has been convicted of any offence or subjected by a criminal court to any such order as implies a defect of character involving moral turpitude. The person must not serve a sentence of imprisonment for a criminal offence or under detention for failure to furnish security for keeping the peace or for good behaviour. He must be able to read and write Urdu. The seat of the Lambardari has to attain by winning the election which must be happened after every five years. This way the seat can be occupied for only five years. He continuing with his Lambardari cannot contest the panchayat elections also.
Duties of a Lambardar
The Lambardar has to Collect land revenue, arrears of land revenue, cesses or other sums recoverable as arrears of land revenue under any law and the produce of the land belonging to the Government within the constituency. He has to acknowledge every payment receipt, report to authority concerned about the death of any assignee of land revenue to the government, residing in the area. A report to the concerned authority about marriage or remarriage of any person drawing family pension and his absence for more than a year from the area has also to make by him. He has to make concerned authorities informed about all the encroachments on common lands including roads, grazing ground or Government lands and damage to the Government Property, such as, Electric Transmission Lines etc. He carries out to the best of his ability about a lawful order that he may receive from revenue officer and also assists in such manner as the Revenue officer, may from time to time direct in crop inspections, mutation proceedings, survey and preparation of records or other revenue Department business within the limits of constituency. He attends the summons of all authorities, having jurisdiction in the constituency, and assist them in the discharge of the public duties, supply to the best of his ability about any local information which may be required by an authority and generally act for the inhabitants of the constituency in their dealings with the Government. He gives report to the local Revenue officer as well as to the nearest Police and Medical officer out-breaks of any disease among human-beings and animals. Information about any breach or break-down in the Irrigation system within his jurisdiction and any extra-ordinary event of public importance also remains with him.
After highlighting a brief historical, legal and political status of the Lambardar at various levels in general and in the state in particular, the seat attracts our attention due to its significant role in establishing the communication between people of a villages and administration. And in order to perform all above prescribed works the person needs much motivation, psycho-physical strength and above all a democratic outlook.
"The village level democracy is the bedrock of Indian national democracy" said by Justice Nijjar in his one judgment gives many inputs to the present argument that every seat of power today must be acquired by the people and accountable to the people that regulates the lives of the people in present situation, so must be democratic and legitimate to maintain the spirit of democracy particularly at local level. Present age demands substantial democracy not at a particular sphere but in all spheres of human life. The idea of village democracy can be hardly realized to its full extent if not practiced completely or as a mode of election to all seats of power in the village. Despite of the democratic nature of Indian states in general and state of Jammu and Kashmir in particular, there is a seat of power called 'LAMBARDARI' still continuing the legacy of feudalism and authoritarianism. This trend can be seen in many areas in this state but as it was very difficult to highlight the all stories, so only two villages namely Ghan and Shirote were selected for writing this present piece. Where for the decades only a single person/family has been occupying the seat of Lambardar. This heredity based occupation of the seat has many negative impacts on the lives of people. The person starts working as a Lambardar just after the death of his father and continues till his own life ends and subsequently the seat passes from one person to another within the same family. In village Shirote, the person has become unsound due to old age. He lacks all the potential of carrying the duties of Lambardari but still is occupying the seat. Due to his physical and mental unfitness many issues included in his jurisdiction remain unaddressed. In second case person had been affected by asthma and was also unable to deliver his duties efficiently but remained on the seat of Lambardari till his last breath. Being incapable of performing the vested duties Lambardars hardly give up their positions. The love for seat among Lambardars even in unfavourable conditions rise a question- why do not they give up the seat to other person or family in case of their inability to perform the duties? The answer is very simply that it is not important to perform the duties of Lambardari to them but earn economic and social status in the locality. Services like tilling the land, cutting the crops, rearing the animals etc. are easily received by the families holding the seat of Lambardari.
And people are even ready to work for no fixed wages. People used to obey the orders of the Lambardar like an order from king happened in ancient times. The unquestionable obedience by the common mass to the Lambardar and his family is only caused by his hereditary status and lack of proper implementation of Lambardari rules and regulations in the state. The state needs to address the problems by implementing the already prescribed rules for realizing the real purpose of Lambardari in a modern democratic context. It will help in addressing the many undemocratic things happening in these villages and establishing the full democracy at the local level. |
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