Khasi Hills Autonomous District (Administration of Justice) Rules, 1953

{
    "id": 15114,
    "slug": "khasi-hills-autonomous-district-administration-of-justice-rules-1953-1953",
    "title": "Khasi Hills Autonomous District (Administration of Justice) Rules, 1953",
    "short_title": "Khasi Hills Autonomous District (Administration of Justice) Rules, 1953",
    "act_number": "Published vide Notification No. DC/60/29/53, dated",
    "act_year": 1953,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Khasi Hills Autonomous District (Administration of Justice) Rules, 1953",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Adult\" means a person belonging to a Scheduled 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;\n(b) \"Autonomous District\" means a Tribal area deemed as such under paragraph 1(1) of the Sixth Scheduled to the Constitution of India, and the term \"District\" shall be construed accordingly;\n(c) \"Constitution\" means the Constitution of India;\n(d) \"District Council\" means the District Council of the Khasi Hills Autonomous District;\n(e) \"Execution Committee\" means the Executive Committee of the District Council of Khasi Hills Autonomous District, and the terms \"Chief Executive Member\" and \"Member of the Executive\" Committee shall be construed accordingly;\n(f) \"Gazette\" means the Meghalaya Gazette;\n(g) \"Governor\" means the Governor of Meghalaya;\n(h) \"High Court\" means the Gauhati High Court (High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura;\n(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;\n(j) \"Village\" means an entire area within the jurisdiction of the existing Sirdarships listed in Appendix I annexed and such other area within the Syiemships, Lyngdohships, Sirdarships or Wahadarships listed in the Appendix II annexed as recognised by the syiemship, lyngdohships, sirdarships or wahadarships as being an area within the jurisdiction of a Court, whose decision in appealable to the Court of the system, lyngdoh, sirdar or wahadar or Administrative Officer concerned and such other area or areas as may be declared to be so by the District Council;\n(k) \"Village Court\" means a Village Court constituted for a village;\n(l) \"Syiemship, lyngdoship, sirdarship, loahadarship\" means an area under the administrative jurisdiction of the syiem, lyngdoh, sirdar, wahadar, as the case may be, recognised as such by the District Council;\n(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(n) \"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, Lyngdoship, Sirdarship of Wahadarship.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Interpretation.",
            "chapter": null,
            "content": "Chapter II\nConstitution of Courts",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Classes of Courts.",
            "chapter": null,
            "content": "(i) Village Courts.\n(ii) Subordinate District Council Courts and Additional Subordinate District Council Courts.\n(iii) District Council Court and Additional District Council Court.\nI-Village Courts\nI-Village Courts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Constitution of Village Court.",
            "chapter": null,
            "content": "(a) the recognised sirdar, syiem raid (bhoi), basan, lyngdoh, lyngskor or headman of the village;\n(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 particular or custom; but if the number has been fixed that number and these members shall continue even if the number be more than six:\n(b) The Chairman of the Village Court shall be the [...], sirdar, siem raid (bhoi), basan, lngdoh, lyngskor or headman, as the case may be, or any such person elected by the Village Court if there are more than one.\n(c) The Vice-Chairman shall be one of the members 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Quorum and jurisdiction of the Village Court.",
            "chapter": null,
            "content": "II-Subordinate District Council Court and Additional Subordinate District Council Court\nII-Subordinate District Council Court and Additional Subordinate District Council Court\n7.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "8",
            "title": "8. Subordinate District Council Court and Additional Subordinate District Council Court.",
            "chapter": null,
            "content": "(a) suits and cases between parties within the jurisdiction of the different Village Courts on the whole of the Khasi Hills Autonomous District excluding the syiemships, Lyngdohships, sirdarship or wahadarships listed in Appendix II annexed and to suits and cases which are not triable by such Village Courts;\n(b) suits and cases between parties residing within the jurisdiction of the different Additional Subordinate District Council Court.\nIII-District Council Court\nIII-District Council Court",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "9",
            "title": "9. Constitution of District Council Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "10",
            "title": "10. The District Council Court shall ordinarily sit at Shillong.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10A",
            "title": "10A. Constitution of Additional District Council Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "10B",
            "title": "10B. Chief Executive Member and other Members not to hold office as Judicial Officer.",
            "chapter": null,
            "content": "Chapter III\nPowers Of Courts\nI-Village Courts\nI-Village Courts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "11",
            "title": "11. Suits and cases to be tried by Village Courts.",
            "chapter": null,
            "content": "(a) cases of a civil nature:\n(b) criminal cases falling within the purview of tribal laws and customs and offences of petty nature such as petty theft and pilfering, mischief and trespass of petty nature, simple assault and hurt, affront and affray or whatever kind, drunkenness or disorderly brawling, public nuisance and simple cases of wrongful restraint:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "12",
            "title": "12. Power of Village Courts to pass sentence in criminal cases and to award costs in civil cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "13",
            "title": "13. Power of Village Courts to order attendance of the accused and the witnesses.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "14",
            "title": "14. Realisation of fines imposed under Rules 12 and 13.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "15",
            "title": "15. Village Courts to refer certain cases to competent Courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "16",
            "title": "16. Appeals to Subordinate District Council Court and Additional Subordinate District Council Courts.",
            "chapter": null,
            "content": "II. Subordinate and Additional Subordinate District Council Courts\nII. Subordinate and Additional Subordinate District Council Courts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "17",
            "title": "17. Investments of Courts with powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "18",
            "title": "18. Subordinate District Council Court to try civil suits and criminal cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "19",
            "title": "19. Additional Subordinate District Council Court to try civil suits.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "20",
            "title": "20. Additional Subordinate District Council Court to try criminal cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "21",
            "title": "21. Courts not competent to try suits and cases in respect of certain offences.",
            "chapter": null,
            "content": "(i) under Sections 124-A, 127 and 153 of the Indian Penal Code.\n(ii) under Chapter X of the sample Code in so far as they relate to the contempt of a lawful authority than an authority constituted by the District Council.\n(iii) of giving or fabricating false evidence, as specified in Section 129 of the same Code, in any case triable by a Court other than a Court constituted by the District Council under these Rules.\n(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.\n(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.\n(c) cases relating to the security for good behaviour from vagramts and suspected persons similar to those contemplated under Section 109 of the same Code.\n(d) cases relating to the security for good behaviour from habitual offenders similar to those contemplated under Section 110 of the same Code;\n(e) urgent cases of nuisance or apprehended danger similar to those contemplated under Section 144 of the same Code;\n(f) dispute as to immovable property of the nature similar to the contemplated under Section 145 of the same Code:\n(g) cases in which a public servant who is nor removable from his office save by or with sanction of the Government of Meghalaya or some higher authority is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "21",
            "title": "22. Court of Deputy Commissioner and his Assistants to try suits and cases executed under Rule 21.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "23",
            "title": "23. Security for keeping peace on conviction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "24",
            "title": "24. Court to refer all case involving breach of peace, seditious matter, etc., to Deputy Commissioner.",
            "chapter": null,
            "content": "(a) any person is likely to commit a breach of the the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace, or disturb the public tranquillity.\n(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-\n(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\n(ii) any matter concerning a Judge which amounts to criminal intimidation or defamation under the Indian Penal Code;\n(c) any person is taking precautions to conceal his presence within the local limits of such Court's jurisdiction, and there is reason to believe that such person is taking such precautions with a view to committing any offence. or\nthere is any person within such limits who has no ostensible means of subsistence or who cannot give a satisfactory account of himself;\n(d) any person within the local limits of the Court's jurisdiction-\n(i) is by habit a robber, house-breaker, thief or forger, or\n(ii) is by habit a receiver of stolen property knowing the same to have stolen, or\n(iii) habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, or\n(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 II of the Indian Penal Code or under Section 489-A, Section 489-B, Section 489-C or Section 489-D of that Code, or\n(v) habitually commits or attempts to commit or abets the commission of offences involving a breach of the peace, or\n(vi) is so desperate and dangerous as to reader 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "25",
            "title": "25. Court to refer all urgent cases of nuisance or apprehended danger to Deputy Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "26",
            "title": "26. Procedure where dispute concerning land, etc., is likely to cause breach of peace.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "27",
            "title": "27. Court to pass sentence authorised by law.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "28",
            "title": "28. Appeal to District Council Court.",
            "chapter": null,
            "content": "III-District Council Court and Additional District Council Court\nIII-District Council Court and Additional District Council Court",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "29",
            "title": "29. District Council Court to be a Court of Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "30",
            "title": "30. District Council Court may direct Subordinate Court to try civil suit not otherwise triable by it or may try the same itself.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "31",
            "title": "31. Court to pass orders on appeal authorised by law.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "32",
            "title": "32. District Council Court may transfer case or itself try it.",
            "chapter": null,
            "content": "(a) that a fair and impartial inquiry or trial cannot be had in any Village Court or Subordinate District Council Court, or Additional Subordinate District Council Court; or\n(b) that some question of law, tribal or otherwise of unusual difficulty is likely to anse, it may order. -\n(i) that any offence be enquired into or tried by another Village Court or Subordinate District Council Court or Additional Subordinate District Council Court;\n(ii) that any particular case of class of cases be transferred from one Village Court to another Village Court or from one Village Court 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\n(iii) that any particular case be transferred to and tried before itself.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "32A",
            "title": "32A. Additional District Council Court to pass orders on appeal authorised by law.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "33",
            "title": "33. Power of Court to release certain offenders on probation of good conduct instead of sentencing to punishment.",
            "chapter": null,
            "content": "34.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "35",
            "title": "35. Provision of offender, failing to observe conditions of his recognisance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "36",
            "title": "36. Condition as to abode of an offender.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "37",
            "title": "37. Appeal against acquittal in criminal cases.",
            "chapter": null,
            "content": "Chapter IV\nProcedure\nI-Village Courts\nI-Village Courts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "38",
            "title": "38. Village Court to try suits and cases in accordance with customary law.",
            "chapter": null,
            "content": "39.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Verbal notice to parties and time limit of such notice.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Recording of proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Order of attachment of property by Village Court.",
            "chapter": null,
            "content": "II-Subordinate District Council Court, Additional Subordinate District Council Court, District Council Court and Additional District Council Court\nII-Subordinate District Council Court, Additional Subordinate District Council Court, District Council Court and Additional District Council Court",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Procedure in criminal cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Maintenance of Registers by Courts.",
            "chapter": null,
            "content": "(1) Register of Petitions.\n(2) Register of Crimes.\n(3) Register of Criminal Cases disposed of.\n(4) Register of Fines.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Court to adjudicate according to law, justice etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Deposit of expenses by appellants in civil suits.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Procedure in civil cases.",
            "chapter": null,
            "content": "48.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "49",
            "title": "49. No imprisonment for debt.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "50",
            "title": "50. Legal practitioners to appear in cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "51",
            "title": "51. Commission for examination of witnesses.",
            "chapter": null,
            "content": "Chapter V\nExecution of Sentence, Decrees and Orders Execution",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "52",
            "title": "52. Provision for realization of fines and other moneys ordered by Village Court.",
            "chapter": null,
            "content": "(a) issue a Parwana for the payment of the amount by the offender the person concerned;\n(b) may apply, in writing, to the Chief Executive Member to realise the amount of execution according to civil process the movable or immovable property, or both of the defaulter.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "53",
            "title": "53. Procedure for execution of sentence, or order and decrees passed by Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "54",
            "title": "54. Attachment of property of person absconding.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "55",
            "title": "55. Procedure for attachment or property belonging to judgement-debtor.",
            "chapter": null,
            "content": "(a) the necessary wearing appeal, cooking vessels, beds and bedding of the judgement-debtor, his wife and children, and such personal ornaments as, in accordance with religious usages, cannot be parted with by any woman;\n(b) tools of artisans and where the judgement- debtor is an agriculturist his implement of 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;\n(c) books of account;\n(d) a mere right to sue for damages;\n(e) any right of personal service;\n(f) 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 Gazetted by the Central Government or State Government, as the case may be, and Political Pension;\n(g) allowances (Being less than salary) of any public officer or of any employee of a railway company or local authority while absent from duty;\n(h) 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:\n(i) 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 by notification declare to be exempt from attachment and any subsistence grant or allowance, to any such person while under suspension;\n(j) the pay and allowances of person to whom the Indian Army Act, 1950, applies for any person other than Commissioned Officers to whom the Indian navy (Discipline) Act, 1934, applies;\n(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, 1925, for the time being applies in so far as they are declared by the said Act not to be liable to attachment;\n(l) not more than one third of the wages of the labourers and domestic servants whether payable in money or in kind;\n(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;\n(n) a right to future maintenance;\n(o) any allowance declared by any law in force to be exempted from liability to attachment or sale in execution of a decree; and where the judgement-debtor is a person liable for the payment of land revenue any movable property, which under any law for the time being applicable to him, is exempted from sale for the recovery of an arrear of such revenue.\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "56",
            "title": "56. Criminal lunatic.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "57",
            "title": "57. Presiding or Judicial Officer not to try cases in which he is party.",
            "chapter": null,
            "content": "Repeal and Savings\n58.\nAppendix I\nAppendix I\n[ Vide Rule 2(j)]\nAppendix II\nAppendix II\n[ Vide Rule 2(j)]\nAppendix III\nAppendix III\n[ Vide Rule 41 (2)]\nI. Register of Petitions\nI. Register of Petitions\nII. Register of Cases\nII. Register of Cases\nIII. Register of Executions\nIII. Register of Executions\nAppendix IV\nAppendix IV\n[ Vide Rule 43(4)]\nCriminal Cases\nCriminal Cases\nSerial No.\nDate of commission of the offence\nDate of report or complaint\nName of complainant, if any\nName, parentage and residence of the accused\nOffence complained of\nFinding, and in case of conviction, reasons\n\t\t\t\ttherefor\nSentence or other final order\nDate on which the proceedings terminated\n1\n2\n3\n4\n5\n6\n7\n8\n9\nCivil Suits\nCivil Suits\nSerial No.\nDate of filing the suits\nName and address of plaintiff(s)\nName and address of defendant(s)\nClaim\nFindings of the Court\nDate on which the proceedings terminated\nParticulars\nAmount or value\n1\n2\n3\n4\n5\n6\n7\n8",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 8th February, 2020 [ass009]",
        "Act Number": "Published vide Notification No. DC/60/29/53, dated 18th December, 1953",
        "Enactment Date": "",
        "Act Year": "1953",
        "Short Title": "Khasi Hills Autonomous District (Administration of Justice) Rules, 1953",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:19"
}