In exercise of the powers conferred under
Sub-paragraph 4 of paragraph 4 of the Sixth Schedule to the Constitution of
India, the Jaintia Hills Autonomous District Council with previous approval of
the Governor of Meghalaya is pleased to make the following Rules, namely:- CHAPTER I PRELIMINARY (1) These rules may be
called the Jaintia Hills Autonomous District (Administration of Justice) Rules,
2016. (2) These rules shall
apply to the whole of Jaintia Hills Autonomous District. (3) They shall come into
force from the date of publication in the Gazette. (1) In these Rules,
unless there is anything repugnant or the context otherwise requires.- (a) "Adult"
means a person belonging to a Schedule Tribe who is not less than eighteen
years of age. (b) "Autonomous
District" means a Tribal Area deemed as such under paragraph 1 (1) of the
Sixth schedule to the Constitution of India. (c) "Constitution"
means the Constitution of India. (d) "Court"
means and refers to Court constituted under the provisions of these Rules. (e) "District"
means the Civil District created by the State Government. (f) "District
Council" means the Jaintia Hills Autonomous District Council. (g) "Elaka"
means the traditional province and include Sirdarship specified in Appendix - I
or any other Elaka as may be created and declared by the District Council under
the law. (h) "Executive
Committee" means the Executive Committee of the Jaintia Hills Autonomous
District Council and the terms "Chief Executive Member", "Deputy
Chief Executive Member" and "Executive Member of the Executive
Committee" shall be construed accordingly. (i) "Gazette"
means the Gazette of Meghalaya. (j) "Governor"
means the Governor of Meghalaya. (k) "High
Court" means The High Court of Meghalaya. (l) "Scheduled
Tribes" means such a tribe or tribes as are specified by order of the
President of India under Article 342 (1) of the Constitution as modified by law
made by Parliament from time to time in so far as the specification pertains to
the Autonomous Districts of Meghalaya. (m) "Village"
means a recognized inhabited area within the jurisdiction of the Elaka. (n) "Recognised"
means recognized by the District Council. (2) Any expression not
defined in these Rules but occurring therein, shall be deemed to have the same
meaning in which they are used in the Constitution, or in the Indian Penal Code
1860, the Criminal Procedure Code 1973 or the Code of Civil Procedure, 1908, as
amended upto date as the case may be, in so far as they are consistent with the
circumstances of the particular case or cases. Except
where the context otherwise requires, the General Clauses Act, 1897 and the
Meghalaya Interpretation and General Clauses Act, 1972 shall apply for the
interpretation of these rules as they apply for the interpretation of an Act of
Parliament or of the Legislature of the State of Meghalaya, as the case may be. CHAPTER II CLASSES OF COURTS There
shall be three classes of Courts, as specified below, in the areas within the
Jaintia Hills Autonomous District to be constituted by the District Council
under paragraph 4 of the Sixth Schedule to the Constitution for the trial of
suits and cases between the parties all of whom belong to scheduled tribes. (i) Village Court, (ii) Subordinate District
Council Court, (iii) District Council
Court and Additional District Council Court. CHAPTER III VILLAGE COURT (1) There shall be a
Village Court for each Elaka. (2) Each Village Court
shall be composed of (a) The Dolloi/Sirdar. (b) Not less than five
and not more than ten members as may be decided and elected by the Dorbar
Elaka. (c) Any person who is a
Member of District Council shall not be eligible to be elected as a member of
Village Court. (3) (a) There shall be a
Chairman and a Vice-Chairman of each Village Court; (b)
The Chairman of the Village Court shall be the Dolloi/Sirdar. (c)
The Vice-Chairman shall be elected by the majority of the members from amongst
the members of the Village Court and he shall perform the duties of the
Chairman in his absence. (4) There shall be a
Secretary and Assistant Secretary of the Village Court to be appointed by the
Court from amongst the members of the Court. (a) The Secretary of the
Village Court shall record the proceedings of the Court. (b) The Assistant
Secretary shall assist the Secretary and shall perform the duties of the
Secretary in his absence. (5) An elected member of
the Village Court shall have tenure of office of 5 years from the date of
notification by the Executive Committee and shall also be eligible for
re-election. (6) If at any time the
number of members of a Village Court is reduced due to death or resignation or
removal of a member, the Dorbar Elaka may elect another member for the
remaining term of the Court and shall inform the Executive Committee the name
of such person elected as a member of the Village Court. (1) The quorum of the
Village Court constituted under Rule 5 shall be two-third of the total number
of members of such Court. (2) The Jurisdiction of a
Village Court shall extend to the hearing and trial of suits and cases arising
within the territorial limits of the Elaka. Powers
of the Village Court A
Village Court shall try suits and cases of the following nature:- (1) Cases of a civil and
miscellaneous nature falling within the purview of Village or tribal laws and
customs. Provided
that if any immovable property is in dispute the property must be situated
within the jurisdiction of the Village Court and in all other cases one of the
parties must reside or hold land within such jurisdiction. (2) Criminal cases
falling within the purview of tribal laws and customs and offences of petty
nature such as petty theft and pilfering, mischief and trespass of petty nature,
simple assault and hurt, affront and affray of whatever kind, drunkenness or
disorderly brawling, public nuisance and simple cases of wrongful restrain. Provided
that the offence occurs within the territorial jurisdiction of the Village
Court. Provided
further that the Village Court shall not be competent to try offences in
respect of which the punishment of imprisonment is obligatory under the Indian
Penal Code. (1) A Village Court shall
not be competent to pass a sentence of imprisonment in any criminal case. It
shall have power to impose a fine for any offence it is competent to try, upto
a maximum limit of Rs. 1000 (Rupees One Thousand) only. It may award payment in
restitution or compensation, to the aggrieved or injured party upto a maximum
limit of Rs. 3000 (Rupees Three thousand) only. (2) In a civil case a
Village Court shall have power to:- (a) Impose costs upto a
maximum limit of Rs. 3000 (Rupees Three thousand) only to a person who
instituted unfounded or vexatious or frivolous suits and cases before the
Court. (b) Award compensation
upto a maximum limit of Rs. 3000 (Rupees Three thousand) only to the aggrieved
or injured party against whom unfounded or vexatious or frivolous suits and
cases have been instituted before the Court. (3) In the event of non
payment of fines imposed and ordered under sub-rules (1), (2) (a) and (b), the
Village Court shall have the power to attach the property of the offender. A
Village Court shall have power to order attendance of the accused and the
witnesses to be examined in the case and to impose a fine not exceeding Rs. 200
(Rupees Two hundred) only on any person wilfully failing to attend when so
ordered or commit for contempt of such Court. If
any person on whom a fine under Rule 8 or Rule 9 above has been imposed by a
Village Court fails to deposit the amount at once or within such time as the
Village Court may allow, the Village Court shall report the matter to the
District Council Court, for necessary action to realise the fine in such manner
as it may deem fit unless the accused person gives notice to appeal against
such decision. (1) An appeal shall lie
to the District Council Court from a Village Court within the jurisdiction of
the District Council Court against any order or sentence in a criminal case, or
against any order or decision in a civil case or any other cases. (2) The appeal shall be
preferred within sixty days of the conviction or sentence or order or decision
of the Village Court excluding the time for obtaining copies of the order or
decision appealed against. Provided
that the Appellate Court may condone the delay and admit the appeal presented
beyond the prescribed time on being satisfied that there was sufficient cause
for not presenting the appeal on time. (1) A Village Court shall
try all suits and cases in accordance with the customary laws of the Elaka. (2) Every suit or cases
shall be presented in a Village Court by filing a plaint which shall contain
the following particulars:- (a) the name of the Court
in which the suit or action is brought; (b) the name and place of
residence of the plaintiff; (c) the name and place of
residence of the defendant, so far as they can be ascertained; (d) the brief facts
necessitating the filling of the suit or case and when it arose; (e) the facts showing
that the Court has jurisdiction; (f) the relief which the
plaintiff claims. (3) The defendant shall
on the date fixed or within such time as the Court may permit present a written
statement for his defense. (4) On perusal of the
plaint and the written statement filed, the Court shall ascertain upon what
material proposition of fact or law the parties are at variance and shall
thereupon framed issues of fact and law of which the right decision of the case
appears to depend. (5) In criminal cases,
the procedure of the Village Court shall be guided by the spirit but not
bounded by the letter of the Code of Criminal Procedure, 1973 as amended. (6) In civil cases the
procedure of the Village Court shall be guided by the spirit but not bounded by
the letter of the Code of Civil Procedure, 1908 as amended. A
Village Court shall try all suits and cases in open Dorbar in the presence of
at least three members and shall decide the issue on merit. After hearing both
parties and their witnesses, if any, it shall pronounce a decision forthwith. Provided
that in case the issue cannot be decided, the Village Court shall refer the
matter to the District Council Court who shall pass an order in accordance with
the provision of these Rules. The
Village Court shall issue a written notice to the parties to a suit or cases
and their witnesses and fix date not exceeding ten days from the date it is
issued for appearance of the parties. If a case be postponed, it shall be fixed
for a day not exceeding 15 days from the date of the order of postponement, and
the case may be subsequently adjourned for a period not exceeding 7 days at a
time on good cause shown. The order shall be made known to the person concerned
or to some adult member of his family, and failing this, shall be openly
proclaimed at the place where he is or was known to be, or shall be
communicated to him or any member of his family by a written notice in sufficient
time to allow him to appear. A
Village Court may decide any suit or case ex-parte, if it is satisfied that the
other party has remained absent wilfully or deliberately inspite of having
received the notice. (1) The proceedings of a
Village Court in any suit or case shall be recorded in writing. (2) Registers of all
suits and cases disposed of by a Village Court shall be kept by the Court in
the form in Appendix-II. A
Village Court may carry out its decision or order by attachment of property and
sale of the attached property. Provided
that the Village Court shall not order for attachment or sale of the attached
property within a period of 60 (sixty) days from the date of such order without
the order of the District Council Court. (1) The Village Court
may, on the application by the decree holder, order execution of the decree :- (a) by delivery of any property
specifically decreed; (b) by attachment and
sale or by the sale without attachment of any property. (2) Register of all
execution by a Village Court shall be kept by the Court in the form in Appendix
- III. Where
a Village Court is of the opinion that the sentence it is competent to pass is
insufficient in the circumstances of the case, it shall without delay refer the
case to the District Council Court, for disposal of the case under this Rule. CHAPTER IV SUBORDINATE DISTRICT
COUNCIL COURT (1) There shall be a
Subordinate District Council Court or Courts at Jowai. The District Council may
also establish Subordinate District Council Court or Courts at any other
District within Jaintia Hills Autonomous District. (2) (a) Each Subordinate
District Council Court shall consist of a Judicial Officer to be appointed by
the Executive Committee with the approval of the Governor and designated as
Presiding Officer/Magistrate of that Court. (b)
The Subordinate District Council Court shall ordinarily sit at Jowai. It may
also sit at any other place or places within the jurisdiction of the District
Council whenever it deems necessary in the interest of justice with prior
approval of the Judge, District Council Court.. (c)
The Presiding Officer so appointed shall preside over the Court and shall also
act as Recorder of the Court. (3) The Executive
Committee shall provide each Subordinate District Council Court with necessary
ministerial staff to keep and maintain all records and registers and to issue
summons in the name of the Court. The
jurisdiction of the Subordinate District Council Court or Courts shall extend
to - (1) Suits and cases
arising within the territorial jurisdiction of the said Court between parties
residing within the jurisdiction of the different Village Courts there under. (2) Suits and cases which
are not triable by the Village Courts. (3) Suits and cases
between the Elakas falling within the territorial jurisdiction of the said
Court. POWERS
OF SUB-ORDINATE DISTRICT COUNCIL COURT Save
as otherwise provided in the Constitution and in these Rules, a Subordinate
District Council Court shall exercise such powers as defined in Chapter III of
the Code of Criminal Procedure, 1973 as it may be invested with by the Governor
on the recommendation of the Executive Committee. A
Subordinate District Council Court shall be competent to try - (1) All civil suits or
cases not triable by the Village Court within its jurisdiction; (2) All criminal cases
not triable by the Village Court in which the offence is committed within its
jurisdiction. (1) A Subordinate
District Council Court shall not be competent to try suits and cases in respect
of offences- (i) Under section 124 -
A, 147 and 153 of the Indian Penal Code. (ii) Under Chapter X of
the same Code in so far as they relate to the contempt of a lawful authority
other than an authority constituted by the District Council. (iii) Of giving or
fabricating false evidence as specified in section 193 of the same Code, in any
case triable by a Court other than a Court constituted by the District Council
under these rules. (2) Unless specially
empowered by the Governor by notification in the Gazette, a Subordinate
District Court shall not be competent to exercise powers in - (i) Cases relating to the
security for keeping the peace and good behaviour similar to those contemplated
under Section 107 of the Code of Criminal Procedure, 1973; (ii) Cases relating to the
security for good behaviour from persons disseminating seditious matter similar
to those contemplated under Section 108 of the same Code; (iii) Cases relating to the
security for good behaviour from vagrants and suspected persons similar to
those contemplated under Section 109 of the same Code; (iv) Cases relating to the
security for good behaviour from habitual offenders similar to those
contemplated under Section 110 of the same Code; (v) Cases relating to
conditional order for removal of nuisance similar to those contemplated under
Section 133 of the same Code; (vi) Urgent cases of
nuisance or apprehended danger similar to that contemplated under Section 144
of the same Code; (vii) Dispute as to
immovable property of the nature similar to that contemplated under Section 145
of the same Code; (viii) Cases in which a
public servant who is not removable from his office save by or with the
sanction of the Government of Meghalaya or some higher authority is accused of
any offence alleged to have been committed by him while acting or purporting to
act in the discharge of his official duty. (1) Suits and cases
referred to in Rule 24 shall continue to be tried and dealt with by the
existing Courts until such time as the Governor deems fit to invest the
Subordinate District Council Court with such powers by notification in the
Gazette. (2) For the purposes of
this rule the existing Courts mean the Courts of the Deputy Commissioner and
his Assistants. Whenever
there is any likelihood of breach of peace or abetting or whenever any person
accused of committing criminal intimidation is convicted of such offence by any
Court of the District Council and such Court is of opinion that it is necessary
to require such person to execute a bond for keeping the peace, the matter
shall be referred to the Deputy Commissioner/District Magistrate who shall take
necessary action in accordance with law. In
criminal cases the Subordinate District Council Court may subject to the
provisions of the Constitution and of these rules pass any sentence authorised
by any law for the time being in force. Whenever
any Court of the District Council is informed that- (1) Any person is likely
to commit a breach of the peace or disturb the public tranquillity, or to do
any wrongful act that may probably occasion a breach of the peace, or disturb
the public tranquillity. (2) There is within the
limits of its jurisdiction any person who within or without such limits, either
orally or in writing or in any other manner intentionally disseminates or
attempts to disseminate, or in any way abets the dissemination of (a) Any seditious matter,
that is to say, any matter the publication of which is punishable under section
124- A or Section 153 - A of the Indian Penal Code. Or (b) Any matter concerning
a judge which amounts to criminal intimidation or defamation under the Indian
Penal Code. (3) Any person is taking
precautions to conceal his presence within the local limits of such Courts
jurisdiction, and there is reason to believe that such person is taking such
precautions with a view to committing any offence. Or There
is any person within such limits who has no ostensible means of subsistence or
who cannot give a satisfactory account of himself. (4) Any person within the
local limits of the Court's jurisdiction:- (a) Is by habit a robber,
house-breaker, thief or forger; Or (b) Is by habit a
receiver of stolen property knowing the same to have stolen; Or (c) Habitually protects
or harbours thieves or aids in the concealment or disposal of stolen property; Or (d) Habitually commits,
or attempts to commit or abets the commission of the offence of kidnapping,
abducting, extortion, cheating or mischief or any offence punishable under
Chapter XII of the Indian Penal Code or under Section 489 A, Section 489 B,
Section 489 C or Section 489 D of that Code; Or (e) Habitually commits or
attempts to commit or abets the commission of offences involving a breach of
the peace; Or (f) Is a desperate and
dangerous as to render his being at large without security hazardous to the
community, The
Court shall refer the matter to the Deputy Commissioner through the
Judge/Additional Judge of the District Council Court/Additional District
Council Court who shall on such reference being made to him, deal with the case
in accordance with law. In
case where in the opinion of the Court of the District Council there is
sufficient ground for proceeding under Section 133 or Section 144 of the Code
of Criminal Procedure, 1973, and immediate prevention or speedy remedy is
desirable, such Court shall refer the matter to the Deputy
Commissioner/District Magistrate through the Judge/Additional Judge of the
District Council Court/Additional Judge District Council Court who shall on such
a reference being made to him take such action as he considers necessary under
the said Section. The
Subordinate District Council Court on an application by the aggrieved party may
review its own decree or order and pass such order thereon as it may deem fit. An
appeal shall lie to the District Council Court from the decisions of a
Subordinate District Council Court in any case, Civil or Criminal. The District
Council Court may hear the appeal itself or may endorse it for hearing to the
Additional District Council Court. Provided
that when the District Council Court is not sitting by reason of its Presiding
Officer being on leave or otherwise the appeal shall lie to the Additional
District Council Court. Provided
also that such appeal is accompanied by a certified copy of the order appealed
against and a clear statement of the grounds of appeal and is filed within
sixty days from the date of the order excluding the time required for obtaining
a certified copy of the order appealed against. Provided
further that the Appellate Court may condone the delay and admit the appeal
presented beyond the prescribed time on being satisfied that there was
sufficient cause for not presenting the appeal on time. CHAPTER V DISTRICT COUNCIL
COURT AND ADDITIONAL DISTRICT COUNCIL COURT (1) There shall be a
District Council Court for the Jaintia Hills Autonomous District which shall be
called the Jaintia Hills Autonomous District Council Court to be presided over
by a Judicial Officer to be designated as Judge and to be appointed by the
Executive Committee with the approval of the Governor. The Judge shall also be
a Recorder of the Court. (2) The District Council
Court shall ordinarily sit at Jowai. It may also sit at any other place or
places within the jurisdiction of the District Council whenever it deems
necessary in the interest of justice. (1) There shall be an
Additional District Council Court which shall be called the Jaintia Hills
Autonomous Additional District Council Court to be presided over by a Judicial
Officer to be designated as Additional Judge and to be appointed by the
Executive Committee with the approval of the Governor. The Additional Judge
shall also act as a Recorder of the Court he presides over. (2) The Additional
District Council Court shall ordinarily sit at Jowai. It may also sit at any
other place or places within the jurisdiction of the District Council whenever
it deems necessary in the interest of justice with prior approval of the Judge,
District Council Court. Powers
of District Council Court and Additional District Council Court The
District Council Court shall be a Court of appeal against the decisions of the
Subordinate District Council Courts and Village Courts in suits and cases both
civil and criminal decided by the said Courts. The District Council Court may hear
the appeal itself or may endorse it for hearing to the Additional District
Council Court. Provided that when the District Council Court is not sitting by
reason of its Presiding Officer being on leave or out of station or reasons of
like manner the appeal may lie to Additional District Council Court. Provided
also that such appeal is accompanied by a certified copy of the order appealed
against and a clear statement of the grounds of appeal and is filed within
sixty days from the date of the order excluding the time required for obtaining
a certified copy of the order appealed against. Provided
further that the Appellate Court may condone the delay and admit the appeal
presented beyond the prescribed time on being satisfied that there was
sufficient cause for not presenting the appeal on time. (1) The District Council
Court may, subject to the provisions of these rules, pass any order on appeal
authorised by any law for the time being in force. (2) The District Council
Court may call for and examine the records of any Proceedings of a Subordinate
District Council Court or of a Village Court and may enhance, reduce, cancel or
modify any sentence or finding passed by such Court or remands the case for retrial. (3) The decree of the
Appellate Court in a Civil case shall be transferred to the Court passing the
original order for execution as a decree of its own. The
District Council Court or the Additional District Council Court, on an application
by aggrieved party may call for the records or proceedings of any case which
has been decided by any Court subordinate to it and pass such order as it may
deem fit. Provided
that the party aggrieved may move such application only after availing of remedy
by way of appeal, if any, provided under the Rules against such decision. The
District Council Court or the Additional District Council Court on an
application by aggrieved party may review its own decree or order and pass such
order thereon as it may deem fit. The
District Council Court shall be competent to direct a Subordinate District
Council Court to try a civil suit which is not otherwise triable by such Court,
or may try the same itself. Provided
that the District Council Court shall pass such order or orders on an
application filed by a person or persons on a sufficient ground. (1) If it appears to the
District Council Court (a) that a fair and
impartial inquiry or trial cannot be had in any Village Court or Subordinate
District Council Court ; Or (b) that some question of
law of un-usual difficulty is likely to arise; it may order (i) that any particular
case or class of cases be transferred from a Village court to a Subordinate
District Council Court, or from one Subordinate District Council Court to
another Subordinate District Council Court ; Or (ii) that any particular
case be transferred to and tried before itself. (c) That any particular
case or class of cases in which the presiding officer has already adjudicated
upon, such case or class of cases shall be endorsed to the Additional District
Council Court. (2) When the District
Council Court withdraws for trial before itself any case from any Court it
shall observe in such trial the same procedure which that Court would have
observed, if the case had not been so withdrawn. (3) The District Council
Court may act either on the report of the Lower Court or on the application of
a party interested or on its own initiative. (1) The Additional
District Council Court may, subject to the provisions of these rules, pass any
order on appeal authorised by any law for the time being in force. (2) The Additional
District Council Court may call for and examine the records of any proceedings
of a Subordinate District Council Court or of a Village Court and may enhance,
reduce, cancel or modify any sentence or finding passed by such Court or remand
the case for retrial. (3) Notwithstanding
anything contained in these rules, the Additional District Council Court shall,
when the District Council Court is not sitting by reason of its Presiding
Officer being on leave or out of station or reasons of like manner, exercise
all the powers of the District Council Court. (1) When any person is
convicted of an offence which the District Council Court or Additional District
Council Court is competent to try under these rules, and no previous conviction
is proved against the offender as it appears to that Court, having regard to
the age, character or antecedents of the offender, and to the circumstances in
which the offence was committed, that it is expedient that the offender should
be released on probation of good conduct, the Court may, instead of sentencing
him at once to any punishment, direct that he be released on his entering into
a bond with or without sureties to appear and receive sentence when called upon
during such period not exceeding three years as the Court may direct and in the
meantime to keep the peace and be of good behaviour. Provided
that, where any first offender is convicted by a Subordinate District Council
Court and the Court is of the opinion that the powers conferred by this rule
should be exercised, it shall record its opinion to that effect and submit the
proceedings to the District Council Court or when the District Council Court is
not sitting by reason of its presiding Officer being on leave or out of station
or reasons of like manner, to the Additional District Council Court forwarding
the accused to, or taking bail for his appearance before such Court which shall
dispose of the case in manner provided by Rule 41 (4). (2) In any case in which
a person is convicted of an offence under the Indian Penal Code punishable with
not more than two years' imprisonment and no previous conviction is proved
against him, the District Council Court or Additional District Council Court
before which he is so convicted may, if it thinks fit, having regard to the
age, character, antecedents or physical or mental condition of the offender and
to the trivial nature of the offence or any extenuating circumstances under
which the offence was committed instead of sentencing him to any punishment,
release him after due admonition. Provided
that, where a person is convicted of such offence by a Subordinate District
Council Court and no previous conviction is proved and the Court is of opinion
that the powers conferred by this rule should be exercised, it shall record its
opinion to that effect and submit the proceedings to the District Council Court
or when the District Council Court is not sitting by reason of its Presiding
Officer being on leave or out of station or reasons of like manner, to the
Additional District Council Court forwarding the accused to, or taking bail for
his appearance before such Court which shall dispose of the case in a manner
provided by Rule 41 (4). (3) The provision of
Sections 121, 124 and 373 of the Code of Criminal Procedure 1973 shall apply
mutatis mutandis in the case of sureties offered in pursuance of the provisions
of this rule. (4) Where proceedings are
submitted to the District Council Court or the Additional District Council
Court under Rule 41 such Court may thereupon pass such sentence or make such
orders as it might have passed or made if the case had originally been heard by
it, and, if it thinks further inquiry or additional evidence on any point to be
necessary, it may make such inquiry or take evidence itself or direct such
inquiry or evidence to be made or taken. (1) If the Court which
convicted the offender, or a Court which could have dealt with the offender in
respect of his original offence, is satisfied that the offender has failed to
observe any of the conditions of his recognizance, it may issue a warrant for
his apprehension. (2) An offender when
apprehended on any such warrant shall be brought before the Court issuing the
warrant as soon as may be within a period of twenty four hours of apprehension
excluding the time necessary for the journey from the place of apprehension to
such Court and such Court may either remand him in custody until the case is
heard or admit him to bail on condition(s) with sufficient surety on his
appearing for sentence. Such Court may, after hearing the case, pass sentence. (3) A warrant for the
apprehension of an offender under sub-rule (1) shall be directed to a Police
Officer, who shall execute the same. The
Court directing the release of an offender under sub-rule (1) of Rule 41 shall
be satisfied that the offender or his surety (if any) has a fixed place of
abode or regular occupation in the place in which the Court acts or in which
the offender is likely to live during the period named for the observance of
the conditions. (1) In a criminal case
the Executive Committee may, on application or otherwise, direct an appeal
against acquittal to be presented to the District Council Court or when the
District Council Court is not sitting by reason of its Presiding Officer being
on leave or out of station or reasons of like manner to the Additional District
Council Court from any order passed by a Village Court or a Subordinate
District Council Court. (2) An appeal under
sub-rule (1) shall be presented within 90 days of the date of order appealed
against, excluding the time for obtaining a certified copy of the order. CHAPTER VI PROCEDURE OF
SUBORDINATE DISTRICT COUNCIL COURT, DISTRICT COUNCIL COURT AND ADDITIONAL
DISTRICT COUNCIL COURT (1) In criminal cases the
procedure of the Subordinate District Council Court, the District Council Court
and the Additional District Council Court shall, subject to the provisions of
this rule, be in the spirit of the Code of Criminal Procedure, 1973 so far as
it is applicable to the circumstances of the district and not inconsistent with
these rules. The chief exceptions are as hereinafter specified in the following
sub-rules of this Rule- (a) Wherever a Court
constituted under these rules requires in course of the discharge of its
functions, the services of the regular police which is at the disposal of the
Superintendent of Police, that Court may send a requisition for such service to
that officer who will generally comply with such requisition unless he
considers the compliance to be not possible for any special reasons. (b) Summons on any
person, tribal or non-tribal, residing outside the jurisdiction of the Jaintia
Hills Autonomous District shall be issued by the Court through the
Superintendent of Police of the District. (2) A note of the
substance of all the proceedings in cases tried before the Court must be kept
by such Court in the forms prescribed in Appendix IV. In a case in which
sentence of imprisonment of not less than three months is imposed, full notes
of the evidences and proceedings must be kept. (3) Recognisance to
appear need not be taken unless it seems necessary to the District Council
Court, the Additional District Council Court or Subordinate District Council
Court. (4) The proceedings
including examination of witnesses in the Subordinate District Council Court,
District Council Court and the Additional District Council Court generally
shall be in English or in any of the recognized languages of the District. In
addition to such other registers as may be directed by the High Court, the
following Registers shall be kept in the District Council Court, the Additional
District Council Court and the Subordinate District Council Court in the forms
prescribed in Appendix V. (1) Register of petitions (2) Register of crimes (3) Register of criminal
cases disposed of (4) Register of fines In
civil cases, the procedure of the District Council court, the Additional
District Council Court and the Subordinate District Council Courts shall be
guided by the spirit but not bound by the letter of the Code of Civil
Procedure, 1908 as amended up to date in all matters not covered by recognized
customary laws or usages of the Autonomous District. (1) In all civil cases,
the District Council Court, the Additional District Council Court and the
Subordinate District Council Courts shall adjudicate according to law, justice,
equity and good conscience consistent with the circumstances of the case. (2) The witnesses shall
be examined on oath or solemn affirmation in any form and shall be warned that
they are liable to punishment for perjury, if they state that which they know
to be false. Any
Court before which an appeal in a civil suit is filed may, before admitting
appeal, order the deposit by the appellant of all reasonable expenses likely in
the opinion of the Court, to be incurred by the respondent in the hearing of
the appeal or may order security to be given for such expenses, and if the
appellant be a judgement debtor may also order security to be given for part or
the whole of the decretal amount. Whenever
a Court of the District Council is satisfied that a dispute is likely to cause
a breach of the peace exists concerning any land or water or the boundaries
thereof within the local limits of its jurisdiction, such Court shall refer the
matter to the Deputy Commissioner through the Judge/Additional Judge of the
District Council Court/Additional Judge District Council Court and the Deputy
Commissioner, whenever such a reference is made to him shall take such action
as he considers necessary under the law. There
shall be no imprisonment for debt, except in case where the District Council
Court or the Additional District Council Court or the Subordinate District
Council Court is satisfied that fraudulent disposal or concealment of property
had taken place and in such cases the debtor may be detained for a period not
exceeding one year. Any
Legal practitioner may appear in any case, civil or criminal, before the
District Council Court, the Additional District Council Court or the
Subordinate District Council Court. Whenever,
in the course of the enquiry, trial or other proceedings under these rules
before any Court it appears that a commission ought to be issued for
examination of a witness whose evidence is necessary for the ends of justice
and that the attendance of such witness cannot be procured without an amount of
delay, expenses or inconvenience which under the circumstances of the case
would be unreasonable, such Court shall have the power to issue a Commission
and appoint a Commissioner to record the evidence. Provided
that when a Commission is necessary to be issued for examination of a witness
outside the jurisdiction of the District Council Court or the Additional
District Council Court or the Subordinate District Council Court, as the case
may be, the concerned Court shall also intimate the Judge of the District
Council Court of that particular Autonomous District for information and if
required to seek help and assistance to the Commission. CHAPTER VII EXECUTION OF
SENTENCE, DECREES AND ORDERS PASSED BY THE DISTRICT COUNCIL COURT OR THE
ADDITIONAL DISTRICT COUNCIL COURT OR SUBORDINATE DISTRICT COUNCIL COURT. (1) Subject to the
provisions of Rules 45 and 47 the District Council Court or the Additional
District Council Court or the Subordinate District Council Court shall cause a
sentence, order or decree passed by it to be carried into effect in accordance
with the procedure, prescribe by the Code Criminal Procedure, 1973, or the Code
of Civil Procedure 1908, as amended up-to-date as the case may be. (2) Every warrant for the
execution of a sentence of imprisonment shall be directed to the Superintendent
of the Jail maintained by the State Government in which the prisoner is, or is
to be confined. (3) When the prisoner is
to be confined in a Jail, the warrant shall be lodged with the Jailor through
the Superintendent of the Jail. Whenever
a warrant is issued by a Court against a person who is absconding or is
concealing himself in connection with any criminal proceedings, any property movable
or immovable, belonging to him is liable to attachment according to the civil
process prescribed in Rule 56 of these Rules. Attachment
of Property (1) Property, movable or immovable,
belonging to the judgement debtor over which or the profits of which he has a
disposing power which he may exercise for his own benefit, whether the same be
held in the name of the judgement-debtor or by another person in trust for him
or on his behalf is liable to attachment and sale in execution of a decree; Provided
that the following shall not be liable to such attachment or sale namely - (a) the necessary wearing
apparel, cooking vessels, beds and bedding of the judgement-debtor, his wife
and children, and such personal ornaments relating with religious usages by any
woman; (b) tools of artisans and
where the judgement-debtor is an agriculturist his implement or husbandry and
such cattle and seed grains as may, in the opinion of the Court, be necessary
to enable him to earn his livelihood as such; (c) Book of account; (d) A mere right to sue
for damages; (e) Any right of personal
Service; (f) Stipends and
gratuities allowed to pensioners of the Government or payable out of any
Service Family Pension Fund and Political pension of Central Government or
State Government or District Council employee or any other Public undertaking
notified in this behalf by the Central Government or State Government or
District Council and Public undertaking. (g) The salary of any
public officer or employee to the extent of not more than 50% (fifty percent)
of such salary; Provided
that where the whole or any part of the portion of such salary liable to
attachment has been under attachment whether continuously or inter-mittenly for
a total period of twenty four months, such portion shall be exempted from
attachment until the expiry of a further period of twelve months and where such
attachment has been in execution of one and the same decree, shall be finally
exempt from the attachment in execution of that decree; (h) Any allowance forming
part of the emoluments of any public officer or employee, which the appropriate
Government may by notification declare to be exempt from attachment and any
substantive grant or allowance, to any such person while under suspension; (i) The pay and
allowances of persons to whom the Indian Army Act, 1950, applies or any person
other than Commissioned Officers to whom the Indian Navy (Discipline) Act, 1934
applies; (j) All compulsory
deposits and other sums in or derived from any fund to which the Provident
Funds Act, 1925, for the time being applies in so far as they are declared by
the said Act not to be liable to attachment; (k) Not more than one
third of the wages of the labourers and domestic servants whether payable in
money or in kind; (l) An expectancy of
succession by survivorship or other merely contingent or possible right or
interest. (m) A right to future
maintenance. (n) Any allowance
declared by any law in force to be exempted from liability to attachment and
sale in execution of a decree; (o) Where the
judgement-debtor is a person liable for the payment of land revenue, any
movable property which under any law for the time being applicable to him, is
exempted from sale for the recovery of any arrear of such revenue. Explanation:
The particulars mentioned in clauses (f), (i), (k), (n) and (o) are exempted
from attachment or sale whether before or after they are actually payable. (2) The procedure for the
attachment of the property shall be in the spirit of the Code of Criminal
Procedure, 1973 or the Code of Civil Procedure, 1908, as amended up-to-date as
the case may be. CHAPTER VIII RECRUITMENT OF
JUDICIAL OFFICERS The
recruitment to the post of Judicial Officer shall be made by the Executive
Committee in the following manner:- (1) Judge District
Council Court - (a) by promotion from the
Additional Judge, Additional District Council Court having not less than 3
(three) years qualifying service or at least 5 (five) years of cumulative
service as judicial officer. or (b) by direct recruitment
from amongst the eligible advocates on the basis of written tests and personal
interview, conducted by the Executive Committee. (2) Additional Judge,
Additional District Council Court - (a) by promotion from
amongst the Presiding Officers, Subordinate District Council Court having not
less than 5 (five) years' qualifying service on the basis of principle of
merit-cum- seniority; or (b) by direct recruitment
from amongst the eligible advocates on the basis of written tests and personal
interview, conducted by the Executive Committee. (3) Presiding Officer,
Subordinate District Council Court - By
direct recruitment from amongst the eligible advocates on the basis of written
tests and personal interview, conducted by the Executive Committee. (1) For the purpose of
sub-rules (1) (b) and (2) (b) of Rule 57, the qualifying criteria for the
advocate is as follows:- (a) He must be a citizen
of India; (b) He must be a holder
of degree in law of a recognized University; (c) He must be practicing
as an Advocate in Courts of criminal and civil jurisdiction on the last date
fixed for receipt of applications and must have so practiced for a period of
not less than 7 (seven) years as on such date. (d) He must have attained
the age of 35 (thirty-five) years and must not have attained the age of 45
(forty-five) years, as on the last date fixed for receipt of applications. (e) He must have
sufficient knowledge of tribal customs, Khasi language and usages prevalent in
the Autonomous District. (2) For the purpose of
sub-rule (3) of Rule 57, the qualifying criteria for the advocates is as
follows: - (a) He must be a citizen
of India; (b) He must be a holder
of degree in law of a recognized University; (c) He must be practicing
as an Advocate in Courts of criminal and civil jurisdiction on the last date
fixed for receipt of applications and must have so practiced for a period of
not less than 3 (three) years as on such date. (d) He must have attained
the age of 27 (twenty-seven) years and must not have attained the age of 35
(thirty-five) years, as on the last date fixed for receipt of applications. (e) He must have
sufficient knowledge of tribal customs, Khasi language and usages prevalent in
the Autonomous District. The
condition of service of Judicial Officer shall be regulated by the Jaintia
Hills Autonomous District Council Service Rules, 1981 as amended from time to
time. CHAPTER IX MISCELLANEOUS Whenever
any Court passes any order for the detention of a criminal lunatic the District
Council shall refer the matter to the Superintendent of Police, who shall deal
with the case following the spirit of the Code of Criminal Procedure, 1973 and
in accordance with rules made under the Indian Lunacy Act, 1912. No
Presiding Officer or Judicial Officer shall try or commit for trial any case to
or in which he is a party, or personally interested, and no Judicial Officer
shall hear an appeal from any judgement or order passed or made by himself. Not
withstanding anything contained in these Rules and the law so far made by the
District Council under paragraph 3 of the Sixth Schedule to the Constitution, a
Judicial Officer of the District Council Court, the Additional District Council
Court or Sub-Ordinate District Council Court, as the case may be, shall
exercise such other functions as may be entrusted to him/her from time to time
by the Executive Committee by a notification to dispose of matter falling
within the competence of the Executive Committee by virtue of the provisions of
any law made under paragraph 3 of the said Schedule. REPEAL
AND SAVINGS (1) The United
Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953
as adopted and amended is hereby repealed with immediate effect in its
application to the territorial jurisdiction of the Jaintia Hills Autonomous
District . (2) Notwithstanding such
repeal under sub-rule (1) above, all actions taken, orders made or directions
given under the provisions of the United Khasi - Jaintia Hills (Administration
of Justice) Rules, 1953 as adopted and amended shall be deemed to be taken,
made or given under the respective provisions of these rules and subsequent
actions if any, with regard to any action, order or direction shall be in
accordance with the provisions of these rules.JAINTIA
HILLS AUTONOMOUS DISTRICT (ADMINISTRATION OF JUSTICE) RULES, 2016
PREAMBLE