JAINTIA HILLS AUTONOMOUS DISTRICT (ESTABLISHMENT OF ELAKA AND VILLAGE AND ELECTION, APPOINTMENT, POWERS, FUNCTIONS AND JURISDICTION OF DOLLOI/SIRDAR AND WAHEH SHNONG) ACT, 2015

2015

23rd December, 2015

Whereas the Elakas are the existing traditional provinces of tribal administration of the indigenous tribes of Jaintia Hills in the State of Meghalaya and whereas the Dorbar Shnong within such Elakas are traditional units of Village administration of the indigenous tribes of these hills from time immemorial. And Whereas the Dolloi/Sirdar is the traditional customary chief and principal functionary and head of the Elaka and the Waheh Shnong is the principal functionary and head of the Village within the Elaka and the elections and appointments to the office of the Dolloi/Sirdar and Waheh Shnong are being made from time to time by the respective Elakas and the respective Dorbar Shnong under the care and supervision of the District Council. And Whereas it is ex

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S.1 Short title, extent and commencement

• (1) This Act may be called the Jaintia Hills Autonomous District (Establishment of Elaka and Village and Election, Appointment, Powers, Functions and Jurisdiction of Dolloi/Sirdar and Waheh Shnong) Act, 2015.
• (2) It shall extend to the whole of Jaintia Hills Autonomous District.
• (3) It shall come into force at once.

S.2 Definition

In this Act, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say:-

• (1) "Adult" means a person who has attained the age of 18 (eighteen) years residing in the village within the Elaka.
• (2) "Custom" with reference to any Elaka means any rule, practice or usage relating to the election and appointment of a Dolloi/Sirdar and Waheh Shnong for that Elaka which having been continuously and uniformly observed, practiced and has obtained the force of Law in that Elaka.
• (3) "Customary Functionaries", means "Lyngdoh" or "Pator" or "Sangot" or "Basan" or any others who are appointed as such by the Dolloi and his Dorbar according to custom and recognised as such by the Executive Committee.
• (4) "District" means the Jaintia Hills Autonomous District.
• (5) "District Council" means the Jaintia Hills Autonomous District Council.
• (6) "Dolloi" or "Sirdar" me
  

S.3 Section 3

• (1) Establishment of Elaka and their territories:-
  • (a) The existing Elakas as specified in Appendix-I of this Act constitute the Elakas within the Jaintia Hills Autonomous District.
  • (b) The Executive Committee shall from the date of enforcement of this Act, issue a public notification in the gazette of Meghalaya relating to the area and boundaries of each Elaka specified in Appendix-I. Such notification shall also include the names of the villages comprising in each and every Elaka.
  • (c) Any boundary dispute of the Elaka shall be referred to and decided by the Executive Committee and the decision of the Executive Committee shall be final.
  • (d) No Civil Court shall have jurisdiction to try any suit or case relating to boundary disputes between Elakas.
• (2)
  • (a) The Executive Committee with the approval of the District Council in Session shall have the power to create a new Elaka by including
    

S.4 Election of the Dolloi/Sirdar

• (1) Whenever a vacancy occurs in the office of a Dolloi/Sirdar of any Elaka specified in Appendix-I the Executive Committee subject to the provisions of this Act and the Rules made there under shall call upon the concerned Elaka to elect a Dolloi/Sirdar in accordance with the existing custom and tradition prevailing in that Elaka and such Election shall be conducted by the Returning Officer to be appointed and empowered by the Executive Committee in this matter.

Provided that voting at such Election conducted by the Returning Officer under sub-section (1) above shall be by Secret Ballot.

• (2) Only persons from among eligible clans of the respective Elaka as specified in Appendix - II shall be eligible to contest in an Election under sub-section (1) above.
• (3) The Returning Officer shall declare the result within a week from the date of polling and report in writing the result of such Election under sub-section (1) above to the Executive Comm
  

S.5 Appointment of the Dolloi/Sirdar

Eligible Candidate who secured the majority of valid votes polled in the election conducted under sub-section (1) of section 4, and on the basis of the result declared under sub-section (3) of section 4 of this Act, shall be appointed by the Executive Committee as "Dolloi" or "Sirdar". The Executive Committee shall issue a Sanad within 30 (thirty) days from the date of declaration of the result of the election under such terms and conditions as specified in Appendix-III to be signed by the Executive Member incharge of the Elaka Administration.

S.6 Confirmation of Dolloi/Sirdar

All appointments of a Dolloi/Sirdar shall in accordance with Rule 29 or 30 of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951 as adopted and amended, as the case may be, be placed by the Executive Committee before the District Council which may confirm the appointment under the terms and conditions as may be specified in the Sanad or which it may by notification from time to time provide. Such terms and conditions shall among others provide for:-

• (1) the remuneration;
• (2) the relation with the District Council and or with the Elaka;
• (3) the manner in which the administration of the Elaka will be carried out by them;
• (4) the manner in which the fund of the Elaka is to be managed by them;
• (5) the Code of conduct.

Provided that pending the adoption of such terms and conditions, the existing terms and conditions under which the exiting Dolloi/Sirdar were appointed shall continue

S.7 Term of Office of the Dolloi/Sirdar

• (1) The Dolloi of an Elaka shall hold office for life.
• (2) The Sirdar of Saipung Sirdarship shall hold office for a period of five years.
• (3) The Elaka created under Section 3(2) shall have the Sirdar who shall hold office for a minimum period of 5 years and not more than 10 years but eligible for re-election.

S.8 Qualification of Candidate for Election as a Dolloi/Sirdar

A person shall not be qualified to be elected and appointed as Dolloi/Sirdar unless:-

• (1) He is a native and a resident of the Elaka.
• (2) He attains the age of 25 (twenty five) years and above.
• (3) He is a member belonging to the eligible clan for holding the office of a Dolloi/Sirdar of the Elaka. However this Sub-section shall not apply in case of election of Doloi/Sirdar of the newly created Elaka.
• (4) He is a person of sound mind.
• (5) He is not de barred from contesting the election on the ground of any offence committed by him which renders him unfit to uphold the existing tradition and custom prevailing in the Elaka.

S.9 Disqualification of Candidate for Election of the Dolloi/Sirdar

A person shall be disqualified from being elected and appointed as Dolloi/Sirdar of the Elaka if:-

• (1) He holds any office of profit.
• (2) He is of unsound mind and stand so declared by a competent court or such other authority as may be recognised by the Executive Committee.
• (3) He is an un discharged insolvent.
• (4) Whether before or after the commencement of this Act he has been convicted of an offence under the Indian Penal Code or under the Criminal Procedure Code or under any other Law for the time being in force in India or of any offence involving moral turpitude.
• (5) He has been dismissed from service under any Government or Autonomous District Council or Local Authority or Corporate Body.
• (6) He is a member of the Parliament or State Legislature or District Council or Local Authority.

S.10 Dispute regarding Election of Dolloi/Sirdar

• (1) If any dispute arises regarding any matter relating to or connected with the election of Dolloi/Sirdar, the aggrieved party or parties concerned shall within 30 (thirty) days after publication of the result of the election in sub-section (3) of section 4, refer the dispute to the Executive Committee by a petition filed to the Secretary of the Executive Committee. The Executive Committee shall dispose of the matter within 60 (sixty) days.

Provided that the Executive Committee shall give due opportunity of being heard to the parties.

• (2)
  • (a) An appeal against the decision of the Executive Committee shall lie to a Tribunal constituted by the Executive Committee for the purpose and the Tribunal shall dispose of the matter as early as possible and shall not ordinarily exceed six months from the date of receipt of the case records and the decision of the Tribunal shall be final.
  • (b) Any appeal before the Tribunal shall be
    

S.11 Removal and Suspension of a Dolloi/Sirdar

• (1) The Dolloi/Sirdar of the Elaka may be removed or suspended from office by the Executive Committee, if in its opinion:-
  • (a) he violates any of the terms and conditions of his appointment; OR
  • (b) he violates any of the law, regulations, rules and the resolutions of the District Council; OR
  • (c) he refuses to carry out the instructions issued by the Executive Committee; OR
  • (d) he violates any customary rights and practices prevailing in the Elaka; OR
  • (e) he is found to have oppressed his people or misruled his Elaka; OR
  • (f) he is found to be mentally unfit to carry out his functions; OR
  • (g) he has been convicted of an offence and sentenced for not less than 6 (six) months imprisonment; OR
  • (h) he is an undischarged insolvent; OR
  • (i) the majority of the adult persons of his Elaka present in the meeting or Dorbar convened for the purpose of ascertaining the wishes of his people, have exp
    

S.12 Section 12

Notwithstanding anything contained in this Act, any Dolloi/Sirdar who has been removed from office under Sub-section (1) of Section 11 shall not be eligible for re-election to the office of Dolloi/Sirdar.

S.13 Taking over of the Elaka Administration by the Executive Committee

If at any time the office of a Dolloi/Sirdar is vacant under the provisions of this Act, the Executive Committee shall have the power to take over immediately the administration of the Elaka and appoint any officer of the District Council to look after the administration of the Elaka until the Acting Dolloi/Sirdar is appointed and such period shall not be more than 2 (two) months.

S.14 Appointment of Acting Dolloi/Sirdar

• (1) The Executive Committee shall appoint any adult male person of the Elaka as Acting Dolloi/Sirdar to exercise all the powers and functions of Dolloi/Sirdar. Such Acting Dolloi/Sirdar shall hold the office for the period of not more than 6(six) months or at the pleasure of the Executive Committee.
• (2) The Executive Committee shall complete the election to the office of the Dolloi/Sirdar within a period of 9 (nine) months from the date the office of the Dolloi/Sirdar becomes vacant.

S.15 A Dolloi/Sirdar suspended or removed from Office forfeit his right to cultivate and enjoy Service and Puja Lands

A Dolloi/Sirdar who has been suspended or removed from Office under section 11 shall be deemed to have no more right to use and cultivate the Service or Puja lands and such land shall revert and shall be deemed to have been reverted to the Executive Committee, with effect from the date a Dolloi/Sirdar was suspended or removed from Office. The Executive Committee may either lease it out in any manner it deems fit and proper or keep it through its representative or agent until a Dolloi/Sirdar is reinstated or a new Dolloi/Sirdar is appointed.

Provided that in case of any Service land or Puja land in which the Dolloi/Sirdar so removed or suspended has actually prepared such land for the purpose of cultivation or has incurred expenditure on this account the same may be allowed to be cultivated by him till the crops growing on the land have been completely harvested. The Acting Dolloi/Sirdar or any person appointed as a Dolloi/Sirdar shall be entitled to the benefit of such servi

S.16 Establishment of Dorbar Elaka

• (1) The Elaka headed by the Dolloi/Sirdar shall have a Dorbar Elaka comprising of all the adult persons of the Elaka. Such Dorbar Elaka shall be recognized by the Executive Committee.

Provided that the Dorbar Elaka may appoint sufficient members of representatives for each and every village to represent the village to the Dorbar Elaka.

• (2) The Dorbar Elaka in its meeting convened for the purpose shall appoint the office bearers comprising the following:-
  • (a) Chairman
  • (b) Secretary
  • (c) Asst. Secretary
  • (d) Treasurer
  • (e) Not less than 10 (ten) Members which should include not less than 3 (three) women members.
• (3) The Dolloi/Sirdar shall be the Chairman of the Dorbar Elaka.
• (4) The Dolloi/Sirdar shall submit the names, designations and address of all the office bearers and members of the Dorbar Elaka every year to the Executive Committee for its recognition and notif
  

S.17 Executive Dorbar

• (1) The office bearer including the members so appointed by the Dorbar Elaka and recognized by the Executive Committee shall be the Executive Dorbar to run the day to day administration of the Elaka.
• (2) The Executive Dorbar shall have the power to select or nominate a Vice-Chairman from amongst the members who will preside and run the Dorbar as and when the Chairman is absent.
• (3) The Executive Dorbar shall carry out and implement all the resolutions, decisions and any matter connected with the affairs of the Elaka.
• (4) The Executive Dorbar shall be responsible for holding the Dorbar Elaka once in a year or as may be required from time to time.
• (5) The Executive Dorbar shall be accountable to the Dorbar Elaka for all its action and inaction.

S.18 Powers and Functions of the Dolloi/Sirdar

Subject to such rules as may be made in this be half by the Executive Committee, the following shall be the powers and functions of the Dolloi/Sirdar within his Elaka:-

• (1) To look after the administration of the Elaka diligently and efficiently and in accordance with the Jaintia Hills Autonomous District (Establishment of Elaka and Village and Election, Appointment, Powers, Functions and Jurisdiction of Dolloi/Sirdar and Waheh Shnong) Act, 2015, and to abide to the Rules and Regulations of the District Council.
• (2) To convene the Dorbar Elaka at least once a year. In the event of emergencies, the Dorbar Elaka may be convened oftener than what has been provided in this Act.
• (3) To look after the boundary of the Elaka at all times and to report to the Executive Committee any dispute in any matter with any neighbouring Elaka.
• (4) To conserve and protect the reserved forest and to promote the establishment of new reserved forest.
• (5) To
  

S.19 Prohibitions

The Dolloi/Sirdar of the Elaka shall not in any form or manner arbitrarily decide or act or impose or condone or incite any of the followings without the approval of the Dorbar Elaka and the Executive Committee:-

• (1) Lease or transfer or mortgage or allow to be leased or transferred or mortgaged any land or lands or forest in the Elaka to non tribal person(s).
• (2) Issue No Objection Certificate or permission to survey or use any land or lands or forest whether private or public property, to any Corporate body without the approval of the Dorbar Elaka and without the knowledge and approval of the Executive Committee.
• (3) Notwithstanding anything contained in sub-sections (1) and (2) above the Dolloi/Sirdar of the Elaka may in respect of the Government projects meant for the welfare of the people facilitate the lease or transfer or mortgage of such land or issue such No Objection Certificate or permission to any Government authority with due consent of t
  

S.20 Establishment of Village

• (1) Subject to the provisions of this Act, the existing villages within the Elaka shall be deemed to be the villages established and constituted for the purpose of this Act.
• (2)
  • (a) The Executive Committee shall have the power to establish or bifurcate or amalgamate village(s) or alter boundaries between the villages within Elaka subject to the fulfillment of the following criteria;
    • (i) the area shall have not less than 20 (twenty) households and not less than 50 (fifty) adult inhabitants;
    • (ii) a definite name with definite and contiguous geographical area;
    • (iii) the scope for geographical growth and expansion in the future.
  • (b) That no village shall be established by the Executive Committee without obtaining prior recommendation and confirmation of the needs and necessities of such village from the Dolloi/Sirdar of the Elaka.
  • (c) The Executive Committee shall notify the cre
    

S.21 Establishment of Dorbar Shnong

• (1) There shall be a Dorbar Shnong for each village comprising of all the adult residents of the village. The Dorbar Shnong headed by the elected Waheh Shnong shall be constituted by the Dolloi/Sirdar of the Elaka and recognised by the Executive Committee.
• (2) The Dorbar Shnong shall have the following office bearers:-
  • (a) Waheh Shnong
  • (b) Assistant Waheh Shnong.
  • (c) Secretary
  • (d) Assistant Secretary
  • (e) Treasurer
• (3) The Dorbar Shnong may if required, appoint a Chairman Shnong who will preside over the meeting of the Dorbar Shnong.
• (4) The Dorbar Shnong shall also appoint Auditors who shall not be members of the Executive Body.

S.22 Executive Body of the Dorbar Shnong

• (1) The Dorbar Shnong duly constituted shall have an Executive Body consisting of all its office bearers and not less than six but not more than twelve members of which one third of the members shall be women to run the day to day administration and affairs of the village.
• (2) The Executive Body shall carry out and implement all the resolutions and decisions of the Dorbar Shnong.
• (3) The Executive Body shall be accountable to the Dorbar Shnong for all its action and inaction.

S.23 Election of Waheh Shnong

• (1) Subject to the provisions of this Act and the rules made there under, a Waheh Shnong shall be elected by the Dorbar Shnong.
• (2) If the election of Waheh Shnong is not unanimous the Dolloi/Sirdar shall have the power to conduct the election either by secret voting or raising of hands.

Provided that the meeting for the purpose of election of Waheh Shnong under Sub-section (2) above shall have a quorum of not less than half of the adult residents of the village.

• (3) The election shall be conducted in the presence of the Dolloi/Sirdar or his representative.

S.24 Term of office of Waheh Shnong

The term of office of the Waheh Shnong shall be determined by the Dorbar Shnong itself and such term shall not be less than one year or more than a period of three years at a time.

S.25 Qualification of Candidate for Election as Waheh Shnong

A person shall be eligible to be elected as Waheh Shnong if:-

• (1) He is a resident of the Village belonging to the indigenous tribe for not less than five years.
• (2) He attains the age of 25 years and above.
• (3) He is not convicted of any offence and sentenced for not less than 6 (six) months imprisonment.
• (4) He is not a Member of District Council.
• (5) He is not an employee of the District Council.

S.26 Confirmation and Appointment of Waheh Shnong

The Dolloi/Sirdar shall confirm the election of Waheh Shnong and shall forthwith send the confirmation of the election to the Executive Committee for its recognition, issue of Sanad as specified in Appendix-IV and public notification of such appointment to all concerned authorities.

S.27 Dispute regarding Election of Waheh Shnong

• (1) If any dispute arises regarding any matter relating to or connected with the election of Waheh Shnong, the aggrieved party or parties concerned shall within 30 (thirty) days aftss
• (2) The Executive Committee shall dispose of the appeal as early as possible and not later than 90 (ninety) days from the date of receipt the appeal.

S.28 Removal of Waheh Shnong

• (1) The Waheh Shnong shall cease to be a Waheh Shnong on the expiry of the term of his Office.
• (2) If at any time, it appears to the Dorbar Shnong or the Dolloi/Sirdar that the Waheh Shnong is functioning in a manner which is detrimental and contrary to the interest of the Village or the Elaka or the District Council or fails to carry out his duties, the Dolloi/Sirdar may after ascertaining the complaint/decision of the Dorbar Shnong shall forthwith report the matter to the Executive Committee for its decision on removal of the Waheh Shnong.

Provided that no Waheh Shnong shall be removed from office under this Section unless he is given an opportunity of being heard.

• (3) In case the Dolloi/Sirdar fails to act on the complaint/decisions taken by the Dorbar Shnong within the period of thirty days, the Dorbar Shnong can directly approach the Executive Committee for final decision.

S.29 Section 29

• (1) An appeal against the decision of the Executive Committee shall lie to a Tribunal constituted by the Executive Committee for the purpose and the Tribunal shall dispose of the matter as early as possible and shall not ordinarily exceed 90 (ninety) days from the date of receipt of the case records and the decision of the Tribunal shall be final.
• (2) Any appeal before the Tribunal shall be filed to the Secretary, Executive Committee within 30 (thirty) days after the order of the Executive Committee is communicated to the party or parties concerned.
• (3) The Executive Committee shall constitute the Tribunal and also send the case records to it within 30 (thirty) days from the date of receipt of such appeal.

S.30 Appointment of Acting Waheh Shnong

If at any time the office of a Waheh Shnong is vacant due to death or resignation or removal or pendency of appeal and where an election cannot be held and the situation demands immediate appointment of Waheh Shnong, the Dolloi/Sirdar may in writing recommend to the Executive Committee the name of a person for consideration of appointment as Acting Waheh Shnong who will exercise all the powers and functions of the Waheh Shnong. An Acting Waheh Shnong shall hold office for a period of not more than six months from the date of appointment.

S.31 Powers and Functions of the Waheh Shnong

Subject to such rules as may be made in this behalf by the Executive Committee, the Waheh Shnong in Dorbar shall exercise the powers and functions within his territorial jurisdiction relating to:-

• (1) The administration and affairs of the village ensuring progress and prosperity of the village.
• (2) Convening the meeting of the Dorbar Shnong not less than three times in a year or as many times as may be required or as the circumstance arises or demanded by not less than 50 percent of the adult inhabitants of the Village.
• (3) Maintaining of peace and tranquility in the village.
• (4) Rendering all help and assistance to the Dolloi/Sirdar or his agents in conducting any enquiry relating to location of any landed property either owned by private individual or waste land or other landed properties.
• (5) Rendering all help and assistance to the District Council authority and Government departments/agencies in all the programmes connecting wit
  

S.32 Prohibitions

The Waheh Shnong in Dorbar in the performance of his duties and functions shall not:-

• (1) ostracise or excommunicate any family or family members who is/are a bonafide resident of the village;
• (2) discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them from taking part in the welfare development and other activities of the village;
• (3) issue no-objection certificate or any other certificates specified in sub-section (11) of section 31 arbitrarily;
• (4) conduct himself in a manner which is the derogatory to his office or in any manner which may undermine the dignity of the Dorbar Shnong or the authority of the District Council.

S.33 Election, Appointment and Removal of Customary Functionaries

• (1) The Dolloi/Sirdar shall have the power to conduct the election, appoint and remove the customary functionaries of the Elaka in accordance with the custom prevailing in the Elaka.
• (2) The Dolloi/Sirdar shall inform the names, duties and functions of the Lyngdoh, Pator, Basan and other customary functionaries immediately to the Executive Committee for information and notification.
• (3) The Dolloi/Sirdar shall also intimate the Executive Committee the nature and status of the Puja Land/Service Land prevailing in the Elaka enjoyed and held by the customary functionaries from time to time.

S.34 Appeals

All appeals preferred to the Executive Committee/Tribunal, under this Act shall be filed in duplicate to the Secretary, Executive Committee accompanied by a fee as may be prescribed from time to time by the Executive Committee.

S.35 Power to make Rules

Subject to the approval of the District Council, the Executive Committee may make Rules for carrying out the purpose of this Act.

S.36 Repeal and Saving

On and from the date on which this Act came into force, the enactment mentioned below shall stand repealed:-

• (1) The United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen,) Act, 1959.
• (2) The Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen,) Amendment, Act, 1973 and
• (3) The Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen,) (Second Amendment) Act, 1975.

Provided that:-

• (1) This repeal shall not effect anything done or any proceedings commenced before this Act came into force, and
• (2) All appointments made, orders or Notifications issued and published, powers conferred or proceedings commenced under the repealed Acts, shall so far as they are consistent with this Act, be deemed to have been made, done, taken, commenced under the corresponding provision of this Act.