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United KhasiJaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959

(Act No. II of 1959)

Last Updated 13th February, 2020 [ass362]

(a) "Chief" means a Syiem, a lyngdoh, a Doloi, a Sirdar or a Wahadar as the case may be, of any Elaka.

(b) "Custom" with reference to any Elaka means any rule regarding the appointment of a Chief or Headmen for the Elaka which having been continuously and uniformly

(c) "Deputy Chief" means any persons appointed by the Chief and his Durbar with the previous approval of the District Council and includes a customary Syiem observed for a long time, has obtained the force of law in that Elaka. Khynnah.

(d) "District" means the United Khasi - Jaintia Hills Autonomous District.

(e) "District Council" means the District Council of the United Khasi - Jaintia Hills Autonomous District.

(f) "The Chief and his Durbar" means an Executive Durbar preside over by the Chief of the Elaka with certain Headmen as members, the number of which shall be determined, and the names of which shall be approved, by the Executive Committee on the recommendation of the Durbar of the Chief and all the Headmen of the Elaka. The function of this Durbar is to run the day-to day administration of the Elaka.

(g) "Durbar Pyllun" means a Durbar Hima or a general Durbar of the Elaka to be convened by the Chief within 30 days from the date that a requisition is made by not less than one-third of the members of the durbar as define in clause (f) above, or by not less than 50 adult male residents of the Elaka; provided that the Executive Committee approves the agenda and or purpose for which the meeting of the Durbar is sought to be requisitioned.

(h) "Electoral College" means a body of such persons as have been declared qualified to or as the case may be to elect a Chief under any Act, Regulation or Rules made by the District Council or under such customary practice as may be recognized by the Executive Committee to be prevailing in Elaka concerned.

(i) "Elaka" means any administrative unit in the District specified in Appendix I, II and III or any other administrative unit to be constituted and declared as such by the Executive Committee.

(j) "Executive Committee" means the Executive of the United KhasiJaintia Hills District Council.

(k) "Headmen" means a Myntri, a Basan, a Matabor, an Elector, a Pator, a Sirdar Shnong, and Rangbah Shnong.

(l) A Syiem Raid, a Lyngdoh Raid or a Sordar Raid means a Customary Head under a traditional Chief of any Elaka as the case may be, duly appointed and recognized as such under the prevailing custom or under any law in force.

(b) When vacancy occur in an Elaka where there is no Electoral College the Returning Officer shall cause the Electoral Roll to be prepare of all eligible voters call for the nomination of candidates, hold election declare the result thereof and or do things necessary for the purpose of the Election. The Returning Officer may refer cases of doubt or uncertainty to the Executive Committee shall who decide and direct the Returning Officer accordingly.

(a) he violates any of the terms and conditions of the appointment; or

(b) he violates any of the laws, regulations, rules and the resolutions passed by the Council; or

(c) he refuses to carry out the orders and instructions issued by the Executive Committee;

or

(d) he is found to be mentally unfit to carry out his functions;

or

(e) has been incapable of carrying on the administration to the satisfaction of the Executive Committee due to ill health, old age or habitual drunkeness;

or

(f) he violates any customary rights and practices prevailing in the Elaka concerned and duly approved by the Executive Committee;

or

(g) he has been convicted of an offences involving moral turpitude;

or

(h) has been oppressed the people of the Elaka and they have just cause for dissatisfaction with his misrule;

or

(i) he has lost the confidence of the majority of his electors or of the people of the Elaka;

or

(j) he is an undischarge insolvent;

or

(k) he has been conducting himself in a manner derogatory to his office or prejudicial to the interest of the Elaka or part thereof;

or ,

(l) has been conducting himself in a manner which may undermine the authority of the Executive Committee of the District Council;

(i) in the case where the order of removal or punishment or suspension is awarded on account of his being convicted of an offence involving moral turpitude;

(ii) in the case of order of suspension pending inquiry.

(ii) If any dispute arises regarding any matter relating to or connected with the nomination of headmen, the dispute shall be referred by the party or parties concerned to the Chief and his Durbar on payment of Durbar fee of Rs.40 (Rupees Forty) for decision. An appeal against such decision shall lie to the Executive Committee whose decision is final.

(a) The certified copy of the order appeal against;

(b) a petition fee of Rs.100 (Rupees one hundred) only

(iii) Notwithstanding anything contained in subsection (i) above, the Executive Committee may, either on application or of its own initiative conduct the nomination and election of headman and issue appointment letter if the Chief and his Durbar fails to do so.

(a) the clan or clans that can set up a candidate for the office of a headmen;

(b) the qualifications of a person eligible for the office of a headman;

(c) the manner in which a headman shall be nominated.

(a) Certified copy of the order appealed against;

(b) a petition fee of Rs.100 (Rupees one hundred) only.

(a) he refuses to carry out the order and instruction issued by them;

or

(b) he violates any of the laws, regulations, rule and resolutions of the District Council;

or

(c) he has been convicted of an offence involving moral turpitude;

or

(d) he is found incapable of carrying on his duties and functions due to ill health, old age or habitual drunkenness;

or

(e) he is found to be mentally unfit to carry out his duties and functions;

or

(f) he is found to have been conducting himself in a manner derogatory to his office;

or

(g) he is found to have been conducting himself in a manner which may under mine the authority of the Executive committee of the District Council.

or

(h) he has lost the confidence of the majority of the members of the clan that elect him or by the persons eligible to elect the headman concern.

(a) A certified copy of the order appealed against;

(b) A petition fee of Rs.100 (Rupees One hundred) only.

(i) in the case where the order of removal or punishment of suspension is awarded on account of his being convicted of an offence involving moral turpitude;

(ii) in the case of order of suspension pending enquiry.

(a) he is conducting himself in a manner derogatory to his office prejudicial to the interest of the Elaka or which may undermine the authority of the Executive Committee;

or

(b) he is found to have been convicted of an offence involving moral turpitude;

or

(c) he is found to be mentally unfit to carry out his functions;

or

(d) he is found incapable of carrying out his functions due to ill health, old age or habitual drunkenness;

or

(e) he violates any provision of the Act.

(i) a Chief, Deputy Chief or Acting Chief qualified to vote and at such election may exercise his right to vote but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted;

(ii) a Chief, Deputy Chief or Acting Chief shall not be deemed to have contravene the provisions of this Act by reason only that he assists in the conduct of all election in due performance of a duty imposed on him or under any law for the time being in force;

(iii) The display by a Chief, Deputy Chief and Acting Chief on his person or vehicle any electional symbol shall amount to using his influence in connection with an election within the meaning of his subsection.