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State of Haryana - Section

Section 17 in The Punjab Land Revenue Rules

17. Matters to be considered in appointment of successors.

- [(i) In an estate, or sub-division thereof, owned chiefly, or altogether by Government a successor to the office of headman shall be selected with due regard to all the considerations, other than hereditary claims, stated in Rule 15 :Provided that in such an estate, or sub-division thereof notified for the purpose by the Financial Commissioner, the selection shall, as far as possible, be made in the manner prescribed by sub-rule (ii) if a suitable heir is forthcoming.] [Substituted by Punjab Government notification No. 2105-R, dated the 19th October, 1937.](ii)In other estates the nearest eligible heir according to the rule of primogeniture shall be appointed unless some special custom of succession to the office be distinctly proved, but subject in every case to the following provisions :-(a)The claim of a collateral relation of the last incumbent to succeed shall not be admitted solely on the ground of inheritance, unless the claimant is a descendant in the male line of the paternal great-grand father of the last incumbent.(b)[ Where a headman has been dismissed in accordance with the provisions of rule 16 the Collector may refuse to appoint any of his heirs] [Financial Commissioner's notification No. 3096-R, dated the 21st December, 1932.] :-
(1)If the circumstances of the offences, dereliction of duty, or disqualification, for which the headman was dismissed make it probable that he would be unsuitable as a headman ;
(2)If there is reason to believe that he has connived at the offence or dereliction of duty for which the headman has been dismissed ;
(3)if any disqualification for which the headman has been dismissed attaches to him ;
(4)if he may reasonably be supposed to be under the influence of the dismissed headman or his family to an undesirable extent.Note : - If a dismissed headman's heir is considered fit to succeed, regard shall be had to the property which he will inherit in like manners as if he had already inherited it.
(c)The Collector may also refuse to appoint a person claiming as an heir on any ground which would necessitate or justify the dismissal of that person from the office of headman.
(d)[ * * * * * * * ] [Clause (d) omitted by G.S.R 9/P.A. 17/87/s. 28/Amd. (9)/68 dated 11th January, 1968.].
(iii)Failing the appointment of an heir, a successor to the office shall be appointed in the manner, and with regard to the considerations described in rule 15.
(iv)Election shall not in any case be resorted to as aid in making appointments under this rule and rule 14.