KHASI HILLS AUTONOMOUS DISTRICT (NOMINATION AND ELECTION OF THE SYIEM, DEPUTY SYIEM AND HEADMEN OF LANGRIN SYIEMSHIP) ACT, 2007

2007

12th March, 2008

An Act to make provisions for the Nomination and Election of the Syiem, Deputy Syiem, Lyngdoh, Myntri and Headman of Langrin Syiemship Whereas under clause (g) of sub-paragraph (1) of paragraph 3 of the Sixth Schedule to the Constitution of India, the District Council of an Autonomous District is empowered to make laws with respect to the appointment or succession of Chiefs or Headmen. And whereas it is expedient to make such provisions for the administration and nomination and election of the Syiem, Deputy Syiem, Lyngdoh, Myntri and Headmen of Langrin Syiemship. Now, therefore, the District Council of the Khasi Hills Autonomous District, in exercise of powers conferred on it as aforesaid and of all other powers enabling it in that behalf, hereby enacted in the Fifty- Eight year of the Republic of India

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S.1 Short title, Extent and Commencement

(1) This Act may be called the Khasi Hills Autonomous District (Nomination and Election of the Syiem, Deputy Syiem and Headmen of Langrin Syiemship) Act, 2007.

(2) It shall extend to the whole of Langrin Syiemship

(3) It shall come into force at once.

S.2 Definitions

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

• "Adult" means a person who is not less than eighteen years of age;
• "District Council" means the Khasi Hills Autonomous District Council constituted under the provisions of the Sixth Schedule to the Constitution of India;
• "Durbar Hima" or "Durbar Pyllun" means the General Dorbar of Hima Langrin to be convened, wherever necessary on the advice of the Executive Durbar, by the Syiem or any person acting as such, provided that it shall be convened by the Syiem as the Chairman at least once in every year with prior intimation to the Executive Committee;
• "Electors" means the indigenous Khasi male adults who are the permanent residents of the Hima, both of whose parent are Khasi by birth who are eligible to elect the Syiem of Langrin and includes the Lyngdoh, Myntris and Headmen whose names have been
  

S.3 Election for the appointment of the Syiem

(1) When a vacancy occurs in the office of the Syiem of Langrin, the Dorbar Kur Syiemiong clan through the Syiem Seng shall nominate a nominee (s)/ candidate (s) for the post/office of Syiem which shall accordingly be intimated to the Returning Officer in writing.

(2) The Returning Officer on receipt of the nominee (s) /candidate (s) Syiem from the Dorbar Kur through the Syiem Seng shall summon a meeting of all the approved electors in such a place within the Hima to confirm and affirm/elect the Syiem. Such meeting of the electors shall be presided by the Officer deputed by the Returning Officer which shall be determined by simple majority of the electors present.

(3) The Returning Officer shall on the basis of the report of the Presiding Officer declare the result and may, incase of doubt or uncertainty, refer the proceedings to the Executive Committee which shall decide and direct the Returning Officer accordingly.

S.4 Appointment of the Syiem

On the basis of the result referred to in Section 3 of this Act, the Executive Committee shall recommend the appointment of the elected Syiem to the next Session of the District Council and after approval of the Council, shall forthwith issue appointment order under such terms and conditions as the Executive Committee may provide and not inconsistent with the provisions of this Act.

S.5 Dispute regarding the Election

If within thirty (30) days of the declaration of the result by the Returning Officer, any dispute arises regarding any matter relating to or connected with the Election of the Syiem, the party or parties concerned shall refer the dispute by a petition, to the Tribunal constituted by the Executive Committee for the purpose. The Tribunal shall dispose of the matter accordingly as early as possible and shall not ordinarily exceed six months from the date of receipt of the case records which reports and findings shall be submitted to the Executive Committee for its decision.

Provided that the period of six months may be extended on receipt of a written application from the Tribunal for certain reasonable grounds.

Such petition shall be filed to the Secretary to the Executive Committee in duplicate accompanied by a fee as may be prescribed by the Executive Committee from time to time.

Such petition shall be filed to the Secretary to the Executive Committee in duplic

S.6 Qualification for the office of the Syiem/Deputy Syiem and Acting Syiem

(1) A male person shall qualify to be elected as a Syiem if: --

• a) he is a natural descendant of the Syiemiong clan of Langrin Syiemship and bears a good moral character, both of whose parents are indigenous Khasi by birth;
• b) he is a native and resident of Langrin Syiemship and is not less than 25 years of age;
• c) he is not an employee of any Government Department or District Council;
• d) he is not a member of another Elaka;
• e) he has obtained the recommendation of the Syiem's clan through the Syiem Seng;
• f) he is able to read, write and speak the Khasi language; and
• g) he is governed by Khasi matrilineal system of lineage and the Khasi laws/ practices of inheritance and succession.

(2) The Executive Durbar shall have the power to determine the necessary qualifications and other matters connected with the office of Syiem, Deputy Syiem and Acting Syiem.

S.7 Term of Office

There shall be only one Syiem to be elected from the whole of Langrin Syiemship and his term of office shall be for life from the date of his appointment provided that he may be removed from office or suspended by the Executive Committee if:--

• (a) he violates any of the terms and conditions of his appointment; or
• (b) he violates any of the laws, regulations, rules and the resolution passed by the Council; or
• (c) he refuses to carry out the orders and instruction issued by the Executive Committee; or
• (d) he is found to be mentally unfit to carry out his functions; or
• (e) he is found incapable of carrying on the administration to the satisfaction of the Executive Committee due to ill health, old age or habitual drunkenness; or
• (f) he violates any customary rights and practices prevailing in the Elaka and duly recognized by the Executive Committee; or
• (g) he has been convicted of an offences involving moral turpitude;
  

S.8 Section 8

• (a) Nomination of the Deputy Syiem
  • (1) When a vacancy occurs in the Office of the Deputy Syiem, it is the duty of the Syiem Clan to produce an eligible person from the Syiem Clan through the Syiem Seng and to forward the name to the Syiem who shall place before the Durbar Hima which shall be convened and presided by the Syiem for the purpose of confirmation.
  • (2) As soon as the Durbar Hima have given the confirmation, the Syiem and his Durbar shall issue appointment to the Deputy Syiem who shall exercise such powers and functions as may be delegated to him by the Syiem and his Durbar. The Syiem shall submit a report to the Executive Committee for information and record at the earliest and not later than 30 (thirty) days from the date of such appointment order.
• (b) Dispute Regarding Nomination of The Deputy Syiem

  If any dispute arises regarding the nomination of the Deputy Syiem under sub-section (2) of section 8
  

  S.9 Appointment of Acting Syiem

  (1) If at any time the office of a Syiem becomes vacant as a result of death, resignation, retirement due to old age, removal or suspension, the Executive Committee may by order in writing appoint any adult male belonging to the Syiemiong clan of Langrin Syiemship duly recommended by the Syiem clan through the Syiem Seng to function as an Acting Syiem who shall exercise all the powers and functions of the Syiem.

  (2) No Acting Syiem shall be appointed without the recommendation of the Syiem clan through the Syiem Seng.

  (3) An Acting Syiem will remain in office until appointment of a new Syiem or until further order of the Executive Committee whichever is earlier.

  (4) Where there is a change of incumbent on account of sub-section (1) above, there shall be a proper taking and handing over charge of the office properties duly recorded in writing between the predecessor and the successor incumbents in the presence of reliable witnesses.

  Any deliberate or will
  

  S.10 Election and Confirmation of Lyngdoh, Myntri and Headmen

  A Khasi male shall be eligible to be elected as a Lyngdoh, Myntri or Headman if he has attained 25 years of age and bears a good moral character, both of whose parents are Khasi by birth.

  • (1) Any vacancy in the post of Lyngdoh or Myntri shall be reported to the Syiem and Durbar who shall direct the clan concerned to elect/nominate the Lyngdoh or Myntri as the case may be, under the prevailing customs and shall thereafter confirmed and issue appointment to the person concerned under such terms and conditions as the Executive Dorbar may provide with immediate intimation to the Executive Committee.

    Provided that, only the adult residents of the Hima who belong to the respective Lyngdoh or Myntri clan, shall be eligible to take part in the election of the Lyngdoh or Myntri concerned.

  • (2) The post of Myntri or Lyngdoh is normally elected for life, however, the Durbar Hima may on the advice of the Executive Durbar, removed from Office or suspend
    

  S.11 Power to make Rules

  The Executive Durbar shall have the power to make rules for the day-to-day administration of the Syiemship in accordance with the customary practices and the provisions of this Act including the normal collection of customary toll which have been in practice since time immemorial and such rules shall be submitted to the Executive Committee for approval.

  
  

  S.12 Composition of the Durbar Hima

  The Durbar Hima shall be the supreme and final authority of the Hima where the Deputy Syiem, the Lyngdoh, the Myntri, the Headmen and some Elders as may be summoned by the Executive Durbar to be the member. The Syiem shall be the Chairman who shall convene and preside such a Durbar which is the supreme policy decision of the Hima.

  
  

  S.13 Taking part in Politics and Election

  (1) The Syiem, or Acting Syiem or Deputy Syiem, Lyngdoh, Myntri and Headmen shall not be a member or be otherwise associated with any political party or any organization which take part in politics, nor shall they take part in subscribe in aid of or assist in any other manner, any political movement or activity.

  (2) If any question arises whether any movement or activity falls within the scope of this Act, the decision of the Executive Committee shall be final.

  (i) The Syiem, or Acting Syiem or Deputy Syiem, Lyngdoh, Myntri and Headmen shall not canvas or otherwise interfere or use his influence in connection with or take part in an election to any Legislature, Council or Local authority.

  • Provided that (i) the Syiem or Acting Syiem or any Headman qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted;
  • (ii) The Syiem, or Acting Syi
    

  S.14 Demonstrations and Strikes

  The Syiem, or Acting Syiem or Deputy Syiem, Lyngdoh, Myntri and Headmen shall not participate in any demonstration or resort to any form of strike in connection with any matter pertaining to his condition of service.

  
  

  S.15 Connection with press, radio, television, etc

  (1) The Syiem, or Acting Syiem or Deputy Syiem, Lyngdoh, Myntri and Headmen shall not except with the previous sanction of the Executive Committee, own wholly or in part, or conduct or participate in the editing or managing of any newspaper or other media.

  (2) The Syiem, or Acting Syiem or Deputy Syiem, Lyngdoh, Myntri and Headmen shall not except in accordance with any general or special orders of the Executive Committee or in the performance in good faith of the duties assigned to them communicate directly or indirectly any official documents or information to any other person or to the press to whom they are not authorized to communicate such document or information.

  
  

  S.16 Criticism of the Executive Committee

  (1) The Syiem, or Acting Syiem or Deputy Syiem, Lyngdoh, Myntri and Headmen shall not in any manner make radio or television broadcast, or publish any document or make any statement or public utterance, or any communication to the press (i) which has the effect of an adverse criticism of the Central or the State Government or the Executive Committee or (ii) which is likely to embarrass the relation between the Central Government and the District Council or the Central Government and any State Government or the State Government and the District Council.

  (2) Subject to the provisions of Sub-Section (1) above, nothing in this section shall apply to any statement made or views expressed to the Executive Committee in confidence by the Syiem, or Acting Syiem or Deputy Syiem in their official capacity or in the due performance of their duties.

  
  

  S.17 Protection of action taking in good faith

  No suit, prosecution or other legal proceedings shall lie against any officer or person for executing any order made by the Executive Committee in respect of anything which is in good faith done or intended to be done by the authorized officer or person under this Act or the rules or orders made thereunder.

  
  

  S.18 Annulment

  The provisions contained in the United Khasi-Jaintia Hills Autonomous District (Appointment and succession of Chief & Headmen) Act, 1959 as amended, shall on and from the commencement of this Act, no longer be operative as far as Langrin Syiemship is concerned.