KHASI HILLS AUTONOMOUS DISTRICT] (ADMINISTRATION OF JUSTICE) RULES, 1953

[1][KHASI HILLS AUTONOMOUS DISTRICT] (ADMINISTRATION OF JUSTICE) RULES, 1953]

CHAPTER 1 PRELIMINARY

Rule - 1. Sort title, extent and commencement.

(1)     These rules may be called the [2][Khasi Hills Autonomous District] (Administration of Justice) Rules, 1953.

(2)     These rules shall apply to the whole of the [3][Khasi Hills Autonomous District] excluding so much of the area thereof as is for the time being comprised within the Municipal of Shillong.

(3)     They shall come into force on such date as the Executive Committee may, by notification in the Gazette appoint in this behalf.

Rule - 2. Definitions.

(1)     In this 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 twenty- one years of age on such date as may be fixed in that behalf by the District Council;"

(b)      "Autonomous District" means a Tribal Area deemed as such under paragraph 1(1) of the Sixth schedule to the Constitution of India and the term "District" shall be construed accordingly;"

(c)      "Constitution" means the Constitution of India;"

[4][(d) "District Council" means the District Council of the Khasi Hills Autonomous District;"

"(e) "Executive Committee" means the Executive Committee of the District Council of the Khasi Hills Autonomous District and the terms "Chief Executive Member" and "Member of the Executive Committee" Executive Committee" shall be construed accordingly;"

"(f) "Gazette" means the Meghalaya Gazette;"

"(g) "Governor" means the Governor of Meghalaya;"

"(h) "High Court" means the Gauhati High Court (The High Court of Assam Nagaland Meghalaya Manipur and Tripura);"

"(i) "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;"]

[5]["(j) "Village" means an entire area within the jurisdiction of the existing Sirdarship listed in Appendix I annexed and such other areas within the SyiemshipsLyngdohshipsSirdarships or Wahadarship listed in Appendix II annexed as recognised by the SyiemshipLyngdohshipSirdarship or Wahadarship as being an area within the jurisdiction of Court whose decision is appealable to the Court of the Syiem Lyngdoh Sirdar Wahadar or Administrative Officer concerned and such other area or areas as may be declared to be so by the District Council;"]

(k) "Village Court" means a village Court constituted for a village;"

[6]["(l) "SyiemshipLyngdohshipSirdarship or Wahadarship" means an area under the administrative jurisdiction of the Syiem Lyngdoh Sirdar or Wahadar as the case may be recognized as such by the District Council;"

(m) "Khasi Syiemships" means an administrative area of the Khasi Hills District known as the Khasi States prior to the commencement of the Constitution;"]

(n) "Recognised" means recognized by the District Council;"

[7]["(o) "Administrative Officer" means an Officer temporarily appointed by the Executive Committee under the provisions of the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen Act 1959 as amended to run the administration of any Syiemship, LyngdohshipSirdarship or Wahadarship;".

(2)     Any expression not define 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 Code of Criminal Procedure 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".]

Rule - 3. Interpretation.

Except where the context otherwise requires the General Clauses Act 1897 and the Assam General Clauses Act, 1915 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 Assam as the case may be.

CHAPTER II CONSTITUTION OF COURTS

Rule - 4. Classes of Courts.

There shall be three classes of Courts as specified below in the areas within the [8][Khasi Hills Autonomous District] to be constituted by the District Council for the trial of suits and cases between the parties all of whom belong to a scheduled tribe or tribes other than suits and cases to which the provisions of sub - paragraph (1) of paragraph 5 of the Six Schedule to the Constitution apply:

(i)       Village Courts

(ii)      Subordinate District Council Courts and Additional Subordinate District Council Courts.

[9]["(iii) District Council Court and Additional District Council Court"]

1-Village Courts

Rule - 5. Constitution of Village Court.

[10][(1) Subject to the approval of the Executive Committee there shall be a Village Court for each village.

Provided that two or more villages may together form one Village Court."]

(2) Each Village Court shall be composed of-

(a)      The recognised [11][...........] Sirdar Syiem Raid (Bhoi Basan Lyngdoh Lyngskor or Headman of the Village.

(b)      Not less than two and more than six members as may be decided and elected by the majority of the Village adults in an open Durbar if such a number has not been fixed by practice or Custom but if the number has been fixed that number and these members shall continue even if the number be more than six.

"Provided that until such time a village court is constituted under this rule the village Court recognized as such prior to the commencement of these Rules shall exercise the powers of a Village Court under these Rules."

(3) There shall be a chairman and a Vice-Chairman of each Village Court;

Provided that the Chief Executive Member or a Member of the Executive Committee of any other member of the District Council shall not be entitled to be a Chairman or Vice-Chairman of the Village Court.

The Chairman of the Village Court shall be the [12][.......] Sirdar Syiem Raid (Bhoi), Basan, Lyngdoh, Lyngskor or Headman as the case may be or any such elected by the Village Court if there are more than one.

The Vice-Chairman will be one of the member of the Village Court elected by the majority of the members of the Court; and he shall perform the duties of the Chairman in his absence.

(4)   There shall be a Secretary of the Village Court to be appointed by the Court from amongst the members of the Court.

(5)   An elected member of the Village Court shall have a tenure of office of 5 years from the date of his sitting in the Court but shall be eligible for re-election.

Rule - 6. Quorum and Jurisdiction of the Village Court.

(1)     The quorum of the Village Court constituted under rule 5 shall be 3 members or one-third of the total number of such Courts whichever is greater.

(2)     The Secretary of the Village Court shall record the proceedings of the Court.

(3)     The Jurisdiction of a Village Court shall extend to the hearing and trial of suits and cases arising within the territorial limits of a Village.

II. Subordinate District Council Court and Additional Subordinate District Council Court

Rule - 7.

[13][(1) There shall be a Subordinate District Council Court or courts at Shillong for the whole of the Khasi Hills Autonomous District. Each Court shall be presided over by a Judicial Officer to be designated as Magistrate appointed by the Executive Committee with the approval of the Governor and such Judicial Officer shall also act as Recorder of the Court.]

[14][ Provided that the Chief Executive Member or a Member of the Executive Committee or other Members of the District Council shall not be eligible to hold office as such Judicial Officer".

"7(2). Notwithstanding anything or contained in sub-rule (1) the Court of the SyiemLyngdohsWahadadar Sirdars or Administrative Officers listed in Appendix II annexed shall be the Additional Subordinate District Council Courts; their territorial jurisdiction being Coextensive with the SyiemshipLyngdohship; Wahadadarship or Sirdarship as the case may be.]

[15]["Each such Additional Subordinate District Council Court shall be presided over by the Syiem Lyngdoh Wahadadar Sirdar or Administrative Officer as the case may be with such number of Myntries or other customary elders as may be determined by the Executive Committee. Where there is more than one Sirdar or Wahadadar any such elected by the Members of the Additional Subordinate Court concerned shall be the Presiding Officer. The Presiding Officer shall also act as a Recorder of the Court:

Provided that the Chief Executive Member or a Member of the Executive Committee or any other Member of the District Council shall not be entitled to be the Presiding Officer of such a Court".]

Provided further that until such time the Additional Subordinate District Council Court or Courts is or are constituted under this rule the Courts of the Syiems, Lyngdohs, Wahadadar or Sirdars as the case may be recognised as such by the competent authority prior to the commencement of these Rules shall exercise the powers of the Additional Subordinate District Council Court under these Rules".

(3)   The Executive Committee will provided each Subordinate District Council Court with necessary ministerial staff to keep all records and registers and to issue summons as in the name of the Court.

[16]["In case of an Additional Subordinate District Council Court the Syiem, Lyngdoh, Wahadar, Sirdar or the Administrative Office as the case may be shall appoint his own staff required by the Court".

"(4)   The Member of the Additional Subordinate District Court shall have a tenure of office of 5 years from the date of its first sitting in the Court but shall be eligible for re-election".

"(5)  The quorum of the Additional Subordinate District Council Court constituted under Rule 7 (2) above shall be one-third of the total number of members of such Court".]

Rule - 8. Subordinate District Council Court and Additional subordinate District Council.

[17][(1) Subject to Rule 16 the jurisdiction of the Subordinate District Council Court or Courts at Shillong shall be extend to -]

[18]["(a) Suits and cases between parties residing within the jurisdiction of the different Village Courts in the whole of the Khasi Hills Autonomous District excluding the SyiemshipsLyngdohshipsSirdarships or Wahadadarship listed in Appendix II annexed and to suits and cases which are not triable by such Village Courts.

(b) Suits and cases between parties residing within the jurisdiction of the different Additional Subordinate District Council Courts.

(2)   The jurisdiction of Additional Subordinate District Council Court shall extend to suits and cases not triable by a Village Court in which all the parties reside within its territorial jurisdiction."]

III. District Council Court

Rule - 9. Constitution of District Council Court.

(1)     There shall be one District Council Court for the [19][Khasi Hills Autonomous District] which shall be called the [20][Khasi Hills District Council Court.] The Court shall consists of one or more Judicial Officers to be designated as Judge or Judges appointed by the Executive Committee with the approval of the Governor.

(2)     [21][................]

Rule - 10.

The District Council Court shall ordinarily sit at Shillong. But it may also sit at any other place or places within the jurisdiction of the District Council whenever it deems necessary for the public interest provided a tour programme shall be submitted within one week to the Executive Committee.

Rule - 10A. Constitution of Additional District Council Court.

[22][(1) There shall be one Additional District Council Court for the Khasi Hills Autonomous District which shall be called the Khasi Hills Additional District Council Court to be presided over by a Judicial Officer to be designated as Additional Judge appointed by the Executive Committee with the approval of the Governor.

(2) The Additional district Council Court shall ordinarily sit at Shillong but it may also sit at any other place or places within the jurisdiction of the District Council whenever it deems necessary for the public interest provided a tour programme shall be submitted within one week to the Executive Committee"]

Rule - 10B. Chief Executive Member and other Members not to old offices Judicial Officer.

[23][The Chief Executive Member or Members of the Executive Committee or any other Members of the District Council shall not hold office as Judicial Officer of the District Council Court or the Additional District Council Court"]

CHAPTER III Powers of Courts

1-Village Courts

Rule - 11. Suits and cases to be tried by Village Courts.

A Village Court shall try suits and cases of the following nature:-

(a)      Cases of a civil nature;

Provided that if any immovable property is in dispute the property must be situated within the jurisdiction of the Village Court and in all others cases all the parties must reside or hold land within such jurisdiction.

(b)      Criminal cases falling within the purview or 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 parties reside within the jurisdiction of the Village Court and the offence occurs therein.

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.

Rule - 12. Power of the Village Courts to pass sentence in Criminal cases and to award costs in civil cases.

(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 limit of [24][Rs. 150 (Rupees one hundred and fifty)]. It may award payment in restitution or compensation to the agrieved or injured party in accordance with the customary law.

(2)     In a civil case a Village Court shall have power to award all costs as also compensation to those against whom unfounded or vexatious suits and cases have been instituted before the Court.

(3)     The fines and payments imposed and ordered under sub-rules (1) and (2) may be enforced by distraint of the property of the offender.

Rule - 13. Power of Village Courts to order attendance of the accused and the witnesses.

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 [25][Rs. 50 (Rupees fifty) only on any persons willfully to attend when so ordered or commit for contempt of such Courts.

Rule - 14. Realisation of Fines imposed under Rules 12&13.

[26][If any person on whom a fine under Rules 12 or Rule 13 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 Court shall report the matter to the first Appellate Court for necessary action to realise the fine in such manner as it may deem fit unless the person gives notice to appeal against such decision".]

Rule - 15. Village Courts to refer certain cases to competent Courts.

Where a Village Court is of 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 competent Court and that court shall dispose of the case in accordance with these rules.

Rule - 16. Appeals to Subordinate District Council Courts and Additional Subordinate District Council Courts.

Subject to rule 29 an appeal shall lie to the Subordinate District Council Court or Additional Subordinate District Council Court as the case may be from a Village Court within the jurisdiction of the Subordinate District Council Court or Additional Subordinate District Council Court concerned against any order or sentence in a criminal case or against any decision in any other case provided the appeal is preferred within sixty days of the conviction or sentence or decision of the Village Court excluding the time for getting copies. The Subordinate District Council court or Additional Subordinate District Council Court while hearing the appeal may either decide the appeal after perusal of the records of the case or may try the case de novo.

II. Subordinate and Additional Subordinate District Council Courts

Rule - 17. Investment of Courts wit powers.

[27][Save as otherwise provided in the Constitution and in these Rules a Subordinate District Council Court or Additional 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 Executive Committee of the District Council with the approval of the Governor".]

Rule - 18. Subordinate District Council Court to try civil suits and criminal cases.

Subject to Rules 1920 and 21 a Subordinate District Council Court shall be competent to try (i) (a) all civil suits not triable by a Village Court in which all the parties reside or hold land within its jurisdiction and if any immovable property is in dispute the said property is also situated within the same; (b) all criminal cases not triable by a Village Court in which the offence is committed within its jurisdiction; and (ii) to hear appeal from village Courts.

Rule - 19. Additional Subordinate District Council Court to try civil suits.

An Additional Subordinate district Council Court shall be competent to try all civil suits not triable by a Village Court in which all the parties reside or hold land within its jurisdiction and if any immovable property is in dispute the said property is also situated therein.

Rule - 20. Additional Subordinate District Council Court to try criminal cases.

Subject to rule 21 an Additional Subordinate District Council Court shall be competent to try all criminal cases not triable by a Village Court in which the offence is committed within its jurisdiction and to hear appeals from Village Courts.

Rule - 21. Courts not competent to try suits and cases in respect of certain offences.

(1)     A Subordinate District Council Court or an Additional 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 or an Additional Subordinate District Council Court shall not be competent to exercise powers in -

[28]["(a) 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";

(b) Cases relating to the security for good behaviour from persons disseminating seditious matter similar to those contemplated under Section 108 of the same Code";

"(c) Cases relating to the security for good behaviour from vagrants and suspected persons similar to those contemplated under Section 109 of the same Code";

"(d) Cases relating to the security for good behaviour from habitual offenders similar to those contemplated under Section 144 of the same Code";

"(e) Urgent cases of nuisance or apprehended danger similar to that contemplated under Section 144 of the same Code;"

"(f) Dispute as to immovable property of the nature similar to that contemplated under Section 145 of the same Code;"

"(g) 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 alieged to have been committed by him while acting or purporting to act in the discharge of his official duty."]

Rule - 22. Court of deputy Commissioner and is Assistance to try to suits and cases executed under rule 21.

(1)     Suits and cases referred to in rule 21 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 and Additional 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.

Rule - 23. Security for keeping peace on conviction.

Whenever there is any likelihood of breach of peace 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 who shall take necessary action in accordance with law.

Rule - 24. Court to refer all cases involving breach of peace seditions matter, etc., to Deputy Commissioner.

Whenever any court of the District Council is formed that-

(a)      any person is likely to commit a breach of the peace or disturb the public tranquility, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility.

(b)      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 anywise abets the dissemination of-

(i)       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

(ii)      any matter concerning a judge which amounts to criminal intimidation or defamation under the Indian Penal Code.

(c)      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 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.

(d)      any person within the local limits of the Court's jurisdiction:-

(i)       is by habit a robber house-breaker thief or forger or

(ii)      is by habit a receiver of stolen property knowing the same to have stolen or

(iii)     habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, or

(iv)    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 or the Code or

(v)      habitually commits or attempts to commit or abets the commission of offences involving a breach of the peace or

(vi)    is a desperate and a dangerous as to render his being at large without security hazardous to the community the Court shall refer the matter to the Chief Executive Member for reference to the Deputy Commissioner who shall on such reference being made to him, deal with the case in accordance with law.

Rule - 25. Court to refer all urgent cases of nuisance or apprehended danger to Deputy Commissioner.

In case where in the opinion of a Courts of the District Council there is sufficient ground for proceeding under [29][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 chief Executive Member for making a reference to the Deputy Commissioner who shall on such a reference to the Deputy Commissioner who shall on such a reference being made to him take such action as he considers necessary under the said action.

Rule - 26. Procedure where dispute concerning land etc., is likely to cause breach of peace.

Whenever a Court of the District Council is satisfied that a dispute 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 Chief Executive Member and the Deputy Commissioner whenever such a reference is made to him shall take such action as he considers necessary under law.

Rule - 27. Court to pass sentence authorised by law.

In criminal case the Subordinate District Council Court or Additional 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.

Rule - 28. Appeal to District Council Court.

[30][An appeal shall lie to the District Council Court from the decisions of a Subordinate District 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 Court.

Provided further that such appeals are accompanied by a copy of the order appealed against and a clear statement of the ground of appeal and are filed within sixty days from the date of the order, excluding the time required for obtaining a copy of the order appealed against"]

III- District Council Court [31][and Additional District Court"]

Rule - 29. District Council Court to be a Court of Appeal.

[32][Subject to the proviulumn of Rules 30 and 32 the District Council Court shall be a Court of appeal in respect of all suits and cases triable by Additional Subordinate District Council Court. 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 other wise the appeal shall lie to Additional District Council Court.

Provided further that such appeal are accompanied by a certified copy of the order appealed against and a clear statement of the ground of appeal and are filed within sixty days from the date of the order excluding the time required for entaining a copy of the order appealed against"]

Rule - 30. District Council Court may direct Subordinate Court to try civil suit not otherwise triable by it or may try the same itself.

The District Council Court shall be competent to direct a Subordinate District Council Court or Additional Subordinate District Council Court to try a civil suit which is not otherwise triable by such Court or may try the same itself.

Rule - 31. Court to pass orders on appeal authorised by law.

(1)     The District Council Court may, subject to the provisions of these rules pass any order or appeal authorised by any law for the being in force.

(2)     The District Council Court may call for and examined the records of any Proceedings of a Subordinate District Council Court an Additional Subordinate District Council Court or a Village Court and may enhance reduce cancel or modify any sentence or finding passed by such Court or remand the case for retrial.

Rule - 32. District Council Court may transfer case or itself try it.

(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 tribal or otherwise of un-usual difficulty is likely to arise; it may order-

(i)       that any offence be enquired into or tried by another Village Court or Subordinate District Council Court or Additional Subordinate District Court;

(ii)      that any particular case or class of cases be transferred from one Village Court to another Village Court or from one Village to a Subordinate District Council Court or Additional Subordinate District Council Court or from one Subordinate District Council Court or Additional Subordinate District Council Court to another Subordinate District Council Court or Additional Subordinate District Council Court; or

(iii)     that any particular case be transferred to and tried before itself.

(2)     when the District Council Court withdraws for trial before itself any case from any Court it shall observed 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 on its own initiative.

Rule - 32A.Additional District Council Court to pass orders an appeal autorised by law.

[33][(1) The Additional District Council Court may, subject to the provisions of these rules pass any order an appeal authorised by any law for the time being in force.

(2) 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 otherwise exercise all the powers of the District Council Court under Rules 30 Sub-rule (2) of Rule 31 and 32"]

Rule - 33. Power of Court to release certain fenders an probation of good conduct instead of sentencing to punisment.

(1)     When any person is convicted of an offence which the [34][District Council Court or the Additional District Council Court] is competent to try under these rules and no previous conviction is proved against the offender is it appear to that Court regard being has 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 or Additional Subordinate District Council Court 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 [35]["or when the District Council Court is not sitting by reason of its presiding Officer being on leave or otherwise 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 34.

(2)     In any case in which a person is convicted of theft theft in a building dishonest misappropriation cheating or 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 the Additional District Council Court or the 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 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 or Additional Subordinate District Council Court 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 otherwise 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 34.

(3)     The provisions of [Section 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.

Rule - 34.

Where proceedings are submitted to the District Council Court ["or the Additional District Council Court"] under rule 33 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.

Rule - 35. Provision of offender failing to observe conditions of his recognizance.

(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.

(a)      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 with sufficient surety conditioned on his appearing for sentence. Such Court may after hearing the case pass sentence.

(b)      A warrant for the apprehension of an offender under sub-rule (1) shall ordinarily be directed to through the Chief Executive Member to the Deputy Commissioner but the Court may if its immediate execution is necessary direct it to any other person or person and such person or persons shall executed the same.

Rule - 36. Condition as to abode of offender.

The Court directing the release of an offender under sub-rule (1) of rule 33 shall be satisfied that the offender or his surely (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.

Rule - 37. Appeal against acquittal in criminal cases.

(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 [36]["or when the District Council Court is not sitting by reason of its Presiding Officer being on leave or otherwise to the Additional District Council Court"] from any order passed by a Village Court a Subordinate District Council Court or an Additional 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 need for obtaining a copy of the order.

CHAPTER IV PROCEDURE

1-Village Court

Rule - 38. Village Court to try suits and cases in accordance with customary law.

A Village Court shall try all suits and cases in accordance with the customary laws of the Village.

Rule - 39.

A Village Court shall try all cases in open Durbar in the presence of at least three members and shall decide the issue by a simple majority of votes. After hearing both parties and their witnesses if any, it shall pronounce a decision forthwith.

Provided that the President or Vice-President shall have casting vote, when there is a tie.

Rule - 40. Verbal notice to parties and time limit of such notice.

Except where a Village Court otherwise decides only verbal notice is required to be given by the Village Court to parties to a suit and their witnesses and for a fixed day not exceeding eight days from the day it is given. 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 pass ex-parts decision if it is satisfied that the other party willfully absents itself.

Provided that if the adjournment is given as the motion of a party that party shall pay the adjournment cost not exceeding Rs. 10/- to be appropriated to the District Council.

Rule - 41. Recording of proceedings.

(1)     The proceeding of a Village Court 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 forms in Appendix- III.

Rule - 42. Order of attachment of property by Village Court.

A Village Court may carry out its decision or may, subject to the provisions of rule 55 order attachment of property as soon as judgment is pronounced but in no case is property so attached to be sold if the party concerned claim to appeal within 60 days without the orders of the District Council.

II. Subordinate District Council Court Additional Subordinate District Council Court District Council [37][and Additional District Council Court "]

Rule - 43. Procedure in criminal cases.

(1)     In criminal cases the procedure of the Subordinate District Council Court Additional Subordinate District Council Courts the District Council Court [38][and the Additional District Council Court] shall subject to the provisions of this rule be in the spirit of the Code of Criminal Procedure [39][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-

(2)     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 Deputy Commissioner 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.

(3)     Summons on any person residing outside the jurisdiction of the [40][Khasi Hills Autonomous District] or on a person who does not belong to a Scheduled Tribe shall be issued by a Court other than the High Court through the Deputy Commissioner of the District.

(4)     A note of the substance of all the proceedings in cases tried before them must be kept by the District Council Court [41][the Additional District Council Court] the Subordinate District Council Courts and the Additional Subordinate District Council Courts in the forms prescribed in Appendix IV.

(5)     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.

(6)     Recognisance to appear need not be taken unless it seems necessary to the District Council Court [42][the Additional District Council Court] or Subordinate District Council Court.

(7)     Examinations and proceedings in the Subordinate District Council Court Additional Subordinate District Council Court District Council Court [43][and the Additional District Council Court] generally shall be in English or in any of the recognized languages of the District.

Rule - 44. Maintenance of Registration by Courts.

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 [44]["the Additional District Council Court"] Subordinate District Council Courts and the Additional Subordinate District Council Courts in the forms prescribed Appendix V.

(1)     Register of petitions

(2)     Register of crimes

(3)     Register of criminal cases disposed of

(4)     Register of fines

Rule - 45. Court to adjudicate according to law, justice etc.

(1)     [all civil cases the District Council Court [45]["the Additional District Council Court"] the Subordinate District Council Courts and the Additional 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.

Rule - 46. Deposit of expenses by appellant in civil suits.

Any Court before which an appeal in a civil suit is filled 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 judgment debtor may also order security to be given for part or the whole of the decretal amount.

Rule - 47. Procedure in Civil cases.

In civil cases the procedure of the District Council"] the Subordinate District Council Court [46]["and"] the Additional Subordinate District Council Courts shall be guided by the spirit but not bound by the letter of the [47][Code of Civil Procedure, 1908 as amended up to date] in all matters not covered by recognized customary laws or usages of the District.

Rule - 48.

The decree of the Appellate Courts in a Civil case shall be transferred to the Court passing the original order for execution as a decree of its own.

Rule - 49. No Imprisonment for debt.

There shall be no imprisonment for debt except in case where the District Council [48][or the Additional District Council Court] or the Subordinate District Council Court or Additional 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 six months.

Rule - 50. Legal practitioner to appear in cases.

[49][Any Legal practitioner may appear in any case civil or criminal before the District Council Court the Additional District Council Court the Subordinate District Council Court or Additional Subordinate District Council Court."]

Rule - 51. Commission for examination of witnesses.

[50][Whenever in the course of the enquiry trial or other proceedings under these rules before any Court other than the District Council Court and the Additional District Council 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 apply to the District Council Court or when the District Council Court is not sitting by reasons of its Presiding Officer being on leave or otherwise to the Additional District Council Court stating the reasons for the application and the District Council Court may either issue a Commission or reject the application.

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 as the case may be shall apply to the Deputy Commissioner stating the reasons thereof and the Deputy Commissioner may either issue the Commission or reject the application".]

CHAPTER V EXECUTION OF SENTENCE, DECREES AND ORDERS EXECUTION

Rule - 52. Provision for realisation of fines and other moneys ordered by Village Court.

(1)     Whenever a Village Court has sentenced an offender to pay a fine in a criminal case or has passed an order for the payment of any money by a person in a civil suit the Court may subject to the provisions of rule 41-

(a)      Issue a Parwana for the payment of the amount by the offender or the person concerned.

(b)      May apply in writing to the Chief Executive Member to realise the amount of execution according to Civil process against the movable or immovable property, or both of the defaulter.

(2)     Where an application is made under clause (b) of sub-rules (1), to the Chief Executive Member the application shall be deem to be a decree and the Chief Executive Member to be the decree holder. He shall get the decree executed according to the spirit of the Civil Procedure Code.

(3)     In the event of the non-recovery of the amount of execution the Chief Executive Member may by an application move the Subordinate District Council Court or the Additional Subordinate District Council Court for the arrest and detention of the offender or the person concerned in execution of the decree.

 

(4)     Whenever an application is made under sub- rule (3) the said Court may order for the arrest and detention of the offender or the person concerned in execution of the decree according to the spirit of the Civil Procedure Code.

Rule - 53. Procedure for execution of sentence, or order and decrees passed by Court.

(1)     Subject to the provisions of rules 43 and 47 Subordinate District Council Court or Additional Subordinate District Council Court or the District Council Court [51]["or the Additional 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 [52][the Code Criminal Procedure 1973 or the Code of Civil Procedure 1908 as amended up-to-date] as the case may be, reference therein to the "Collector of the District" being construed as referring to the Chief Executive Member of the District Council.

 

(2)     Every warrant for the execution of a sentence of imprisonment shall be directed to the Officer-in charge of the Jail contained by the State Government in which the prisoner is or is to be confined through the Deputy Commissioner.

 

(3)     When the prisoner is to be confined in a Jail the warrant shall be lodge with the Jailor through the Deputy Commissioner.

Rule - 54. Attachment of property of person absconding.

Whenever a Parwana (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 55 of these rules.

Attachment of Property

Rule - 55. procedure foratt acumen of property belonging to judgment debtor.

(1)     Property, movable or immovable belonging to the judgment 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 judgment-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 judgment-debtor his wife and children and such personal ornaments as in accordance with religious usages cannot be parted with by any women;

 

(b)      tools of artisans and where the judgment-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)      Stipends and gratuities allowed to pensioners of the Government or payable out of any Service Family Pension Fund notified in this behalf in the official Gazette by the Central Government or State Government as the case may be and Political Pension;

 

(f)       Allowance (being less than salary) of any public officer or of any employee of a railway company or local authority while absent from duty;

 

(g)      The salary of any such public officer or employee as is referred to in clause (g) to the extent of the first hundred rupees and one-half the remainder of such salary or allowances;

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 as is referred to in (g) above which the appropriate Government may be 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 deposit 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 sale in execution of a decree; and where the judgment-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 or such revenue.

Explanation-The particulars mentioned in clauses (f), (g), (j), (l) and (o) are exempted from attachment or sale whether before or after they are actually payable.

(2)     Subject to the provisions of rules 42 and 46 the procedure for the attachment of the property shall be in the spirit of [53][the Code Criminal Procedure 1973 or the Code of Civil Procedure, 1908 as amended up-to-date] as the case may be.

MISCELLANEOUS

Rule - 56. Criminal lunatic.

Whenever any Court passes any order for the detention of a criminal lunatic the District Council shall refer the matter to the Deputy Commissioner who shall deal with the case following the spirit of [54][the Code of Criminal Procedure 1973] and in accordance with rules made by the Government of [55][Meghalaya] under the Indian Lunacy Act 1912.

Rule - 57. Presiding or Judicial Officer not to try cases in which he is party.

No Presiding Officer or Judicial Officer shall Except with the permission of the Court to which an appeal lies from his Court 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 judgment or order passed or made by himself.

Explanation. - A Judicial Officer shall not be deemed to be a party or personally interested within the meaning of this rule to or in any case by reason only, that he is a Member of any Town Committee (or a Municipal Board) or otherwise concerned therein in a public capacity or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made in inquiry in connection with the case.

Rule - 58. Repeal and Savings.

(1)     The provisions in the Khasi States (Administration of Justice) Order 1950 published in the Government of Assam's Notification [56][No. SK. 140/49/8 dated the 25th January, 1950] the Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills published in the Government of Assam's Notification No. 2618 A.P. dated the 29th March 1937 and the Assam Autonomous District (Administration of Justice) Regulation No. III of 1952) published in the Government of Assam's Notification No. TAD/R/II/51/106 dated the 3rd April 1952 are hereby repealed in so far as they relate to the matters dealt with in these Rules.

(2)     Notwithstanding such repeal every suit appeal application for revision proceeding and other business relating to both Civil and Criminal Justice pending on the date of commencement of these Rules before the Court of the Deputy Commissioner Additional Deputy Commissioner United Khasi Jaintia Hills or his Assistants shall be transferred or deemed to have been transferred for disposal to the Court which would have been competent to entertain and dispose of such suits appeal application for revision proceedings or business had these Rules been in force on the date of institution or commencement of the same and the latter Court shall deal with and dispose of the same in accordance with law.

APPENDIX-I

[Vide Rule 2 (j)-]

(1)     Byrong

(2)     Jymgam

(3)     Laitlyngkot

(4)     Laitkroh

(5)     Lakading

(6)     Mawmluh

(7)     MawbehLarkhar

(8)     Mawthangsohkhyllung

(9)     MawsmaiNongthymmai

(10)   Marbisu

(11)   Mynteng

(12)   Nongpoh

(13)   Nongbah

(14)   Nongkroh

(15)   Nongjri

(16)   Myrdon

(17)   Nongriat

(18)   Nongshluid

(19)   Nongriangsi

(20)   Nonglang

(21)   Nonglyngkien

(22)   Nonglait

(23)   Ramdait

(24)   Saitsohpen

(25)   Synnei

(26)   Sinai Mawshynrut

(27)   Sohbar

(28)   Tyma

(29)   Tynrong

(30)   Tynriang

(31)   Umniuh-Tmar 

APPENDIX-II

[Vide Rule 2 (j)]

(1)     Khyrim

(2)     Mylliem

(3)     Nongkhlaw

(4)     Cherra

(5)     Nongstoin

(6)     Maharam

(7)     Nongspung

(8)     Langrin

(9)     Mawsynram

(10)   Mariaw

(11)   Rambrai

(12)   Mawiang

(13)   Bhowal

(14)   Malaisohmat

(15)   Nobosohphoh

(16)   Jirang

(17)   Sohiong

(18)   Mawphlang

(19)   Lyniong

(20)   Sheila Confederacy

(21)   Mawlong

(22)   Mawdon

(23)   Dwara-Nongtyrnem

(24)   Pamsanngut

(25)   Nonglwai

APPENDIX...III [Vide rule 41 (2)]

1.        Register of Petitions.

1.        Date.

2.        Name of petitioner

3.        Subject of petition

4.        Name of defendant.

5.        Date of hearing.

6.        Date of disposal and how disposed of viz.:-

Decree for plaintiff or decree for defendant or withdrawn as The case may be.

2.        Register of Case.

Name of Parties.

Subject of claim.

Before what Court tried.

In case proceeded with ex-parts - whether notice on defendant is proved or where both or all parties are present or represented that they are so present or represented.

Statement of Plaintiff.

Statement of Defendant.

Evidence for Plaintiff.

Evidence for Defendant.

Judgment and finding of the Court.

Order as to costs.

3.        Register of Executions.

(1)     Date.

(2)     Name of Decree- holder.

(3)     Name of Judgment-debtor.

(4)     Name of property to be attached

(5)     Date of issue of attachment.

(6)     Date fixed for sale (and date to which sale may be postponed)

(7)     Date of satisfaction of decree by sale of property or payment of, amount due and receipt of decree-holders.

APPENDIX-IV

[Vide Rule 43 (4)]

Criminal Cases

Civil Suits

APPENDIX - V

(Vide Rule 44)

(I)     Register of Petitions.

Note 1 - In column 4 for stating nature of document use P for petitions. PL. for plaints. E.P. for Execution petitions O.P. for Original petitions. A.P. for appeals a for affidavits. V for Vakalatnama etc.

Note 2 - Petitions etc. returned should be noted in the remarks columns with date.

(II)   Register of Crimes.

(III)    register of Criminal Cases disposed of:

N.B. - This list is to be written in English.

Date of dispatch

Date of receipt.