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Village Admin. Bill, 2014

This notification announces a proposed bill called the Khasi Hills Autonomous District (Village Administration) Bill, 2014. The bill aims to codify and provide provisions for village administration in the Khasi Hills Autonomous District. It seeks to establish an efficient village administration system within the framework of the existing Khasi customary system of governance, adjudication, and decision making. The bill also aims to provide for village administration that reflects good governance principles of community participation, transparency, and accountability, while conforming with Khasi customs, ethics, and moral values.

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0% found this document useful (0 votes)
107 views15 pages

Village Admin. Bill, 2014

This notification announces a proposed bill called the Khasi Hills Autonomous District (Village Administration) Bill, 2014. The bill aims to codify and provide provisions for village administration in the Khasi Hills Autonomous District. It seeks to establish an efficient village administration system within the framework of the existing Khasi customary system of governance, adjudication, and decision making. The bill also aims to provide for village administration that reflects good governance principles of community participation, transparency, and accountability, while conforming with Khasi customs, ethics, and moral values.

Uploaded by

Lamshwa Kitbok
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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OFFICE OF THE KHASI HILLS AUTONOMOUS DISTRICT COUNCIL,

LEGISLATIVE SECRETARIAT,
SHILLONG

NOTIFICATION

Dated Shillong, the 22nd July, 2014

NO.DC.XXVII/Genl/87/2011-12/1375 : - In pursuan00ce of Rule 73 (2) of the Assam and


Meghalaya Autonomous District (Constitution of District Council) Rules,1951 as amended, the
following Bill proposed to be introduced in the Council Session is hereby published together with
the Statement of objects and reasons thereof:-

THE KHASI HILLS AUTONOMOUS DISTRICT (VILLAGE ADMINISTRATION)


BILL, 2014.

(Passed by the Khasi Hills Autonomous District Council on 1.7.2014)

(Received the assent of the Governor on________________________________)

(Published in the Meghalaya Gazette on ________________________________)

BILL

to codify, provide and make provision for the administration of Villages in the Autonomous District
of Khasi Hills.

PREAMBLE

WHEREAS under the Sixth Schedule to the Constitution of India, the District
Council for an Autonomous District is empowered to make laws with respect to any matter related to
village and town administration and social custom;

To usher in an efficient system of village administration within the framework of the


existing system of the Khasi form of Ka Synshar, Ka Khadar, Ka Bishar (traditional governance
and adjudication) which is based on prevailing and well established social custom, the principle of
egalitarianism, consensus decision making and participative action, and the spirit of solidarity; and
pro-actively aiming for improving the socio-economic life and sustainable use of natural resources,
judicious engagement with the market economy and the modern democratic system, and protecting
and upholding the uniqueness of Khasi culture;

AND to provide for a village administration that will reflect all aspects of good
governance in which priority will be given to issues of community participation in decision making,
transparency and accountability in such decisions which also should be in conformity with the Khasi
custom and enlightened code of moral conduct and ethics embedded in values and principle of
honesty, justice, righteousness, respect, honour, dignity, etiquette and manners;

AND where the tenets of Khasi values that have guided the Khasi society from time
immemorial such as Ka Tip Briew Ka Tip Blei ( to acknowledge man is to acknowledge God), Ban
Kamai Ia Ka Hok (to strive for righteousness and justice), Ban pdiang ia kaba bha bad ban bret ia
kaba sniew (to accept what is right and to reject what is wrong), Ban bat ia ka burom ka akor (to
hold on to propriety and honour), Ban bat ia ka nia ka jutang (word of honour) and Ka ktien kaba
tam (upholding the honour of spoken word) shall form the guiding principle behind every decision
making;

AND where the contemporary adverse influences of free monetized economy, the
hallmark of globalization that has caused deterioration in the custom and tradition of indigenous
communities the world over, shall be contained and mitigated by imbibing in Khasi villages the
traditional ethos and wisdom, respect for elders and women, concern for the environment and
recognition of community assets and benefits;
2

AND where the concept of Tribal Interest, the aspect of governance within the
context of this Act shall strive to define, protect and conserve within a globalised socio-economic
environment, and within the provisions of the Sixth Schedule to the Constitution of India, those
ideas and practices that seek to retain and preserve the socio-cultural ethos of Khasi society;

NOW, THEREFORE, the District Council of the Khasi Hills Autonomous District in
exercise of the powers conferred upon it under Clause (e), (f), (g) and (j) of sub-paragraph (1) of
paragraph 3 of the Sixth Schedule to the Constitution of India and of all other powers enabling it on
that behalf hereby enacts in the Sixty Fourth Year of the Republic of India as follows:-

1. SHORT TITLE, EXTENT AND COMMENCEMENT:-

1. This Act may be called the Khasi Hills Autonomous District (Village Administration) Act,
2014.

2. It shall extend to the whole of Khasi Hills Autonomous District.

3. It shall come into force with effect from the date on which it is published in the official
Gazette of the Government of Meghalaya.

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

(1) “Chief” means a Syiem, a Lyngdoh, a Sirdar, or a Wahadadar as the case may be of any
Elaka;

(2) “Chief and his Dorbar” shall have the same meaning and definition as provided under
Section 2 (f) of the United Khasi-Jaiñtia Hills Autonomous District (Appointment and
Succession of Chiefs and Headmen) Act, 1959.

(3) “District” means the Khasi Hills Autonomous District;

(4) ”District Council” means the Khasi Hills Autonomous District Council constituted under
the Sixth Schedule to the Constitution of India;

(5) “Dong or Kyntoit” means a subordinate part or locality of a village and has a distinct
identity within that village only.
(6) “Dorbar Pyllun” means a body comprising of four or more Dorbar Shnongs constituted by
such Dorbar Shnongs to look into the common interest and general welfare of the
inhabitants of such villages under its jurisdiction.

(7) “Dorbar Shnong” means the traditional village institution of the village of the Khasis and
composed of all Khasi inhabitants of not less than 18 years of age, where the prevailing
age-old customary and traditional governance and adjudication are carried -out;

(8) “Elaka” means a Hima which is an administrative unit within the Autonomous District as
specified in Appendix – I and II and recognized as such by the District Council;

(9) “Executive Committee” means the Executive Committee of the Khasi Hills Autonomous
District Council;
(10) “Executive Dorbar” means the elected or nominated members and office bearers of the
Dorbar Shnong consisting of the Rangbah Shnong, the Assistant or Deputy Rangbah
Shnong, the Secretary, the treasurer, the Sangot or any other office bearers the Dorbar
Shnong deem necessary;
(11) “Gazette” means the Meghalaya Gazette;

(12) “Ka Burom Ka Akor” refers to the Khasi Social rules of respect, honour and dignity and
the guiding rules of social conduct, etiquette and manners in any kind of social interactions;

(13) “Ka Hok ka Sot” refers to the Khasi social principle of honesty, justice and righteousness
and it shall be the guiding principle of administration of a Village or Ka Dorbar Shnong;

(14) “Ka Synshar, Ka Khadar, Ka Bishar” means the prevailing age-old customary and
traditional governance and adjudication;
3

(15) “Khasi” means a person belonging to Khasi indigenous tribe who may be a Khynriam,
Pnar, War, Bhoi or Maram or Lyngngam or who is recognised or deemed as such under
prevailing Khasi Custom or under the Khasi Hills Autonomous District (Khasi Social
Custom of Lineage) Act, 1997.

(16) “Khlaw- Adong or Khlaw Shnong” means village forests protected and kept apart by
the villagers for conserving water and bio-diversity with restricted access and use;

(17) “Khlaw Lyngdoh or Khlaw Kyntang or Khlaw Niam” refers to sacred forests and kept
apart as religious sites;

(18) “Ka Teh Rangbah” means the annual process of identifying, introducing and inducting of
Khasi inhabitants of the village who have attained the age of 18 years in the Dorbar Shnong
and shall be carried-out by the Dorbar Shnong annually;

(19) “Prescribed” means prescribed under this act or by Rules made thereunder;

(20) “Raid” means an administrative unit recognized as such within an Elaka specified in
Appendix I &II composed of one or more villages under such Elaka;

(21) “Rangbah Dong” means a sub-traditional head of the “Dong” within the territorial
jurisdiction and administrative control of a particular Dorbar Shnong jurisdiction of each of
the existing Elaka specified in Appendix – I and II.

(22) “Rangbah Shnong” means the traditional head of a Village which shall also include a
Sordar Shnong, a Matabor, a Myntri Shnong falling within the jurisdiction of each of the
existing Elaka specified in Appendix – I and II and elected or selected as per prevailing
custom in the village or Elaka;

(23) “U Sangot” means a person duly appointed by the Dorbar Shnong to announce, proclaim
or notify any order, resolution, rules or any other information passed by the Dorbar
Shnong;

(24) “U Synñiang U Bynhei” means and refers to the customary voluntary contributions for
the purpose of Ka Synshar, Ka Khadar, Ka Bishar;

(25) “Village” means an area of human habitation having definite contiguous boundary where
a number of houses has been grouped together under one village for administrative
purposes and recognized as such by the Elaka under which the village falls and by the
Executive Committee;

(26) “Village Development Council (VDC)” means a developmental body dealing with the
welfare and socio-economic development of the village under the administrative control of
the Dorbar Shnong/Raid/Elaka;

3. ESTABLISHMENT OF KA DORBAR SHNONG - There shall be a Dorbar Shnong for each


village within the Elaka as specified in Appendix I and II for Ka Synshar, Ka Khadar, Ka Bishar,
and for socio-economic development of the village. Its deliberations, decisions and actions shall be
guided by the tenets of Khasi values as codified under this Act at all times.

Provided that the Dorbar Shnong shall constitute the Village Development Council and may
also constitute different committees to assist in the discharge of different functions and assignments
thereof. The Village Development Council so constituted shall be answerable to the administrative
control of the Dorbar Shnong/Raid/Elaka.

Provided further that the Dorbar Shnong may constitute conciliatory committees for amicable
settlement of disputes pertaining to the villagers within its territorial jurisdiction.

Provided also that four or more Dorbar Shnongs may constitute a Dorbar Pyllun to look into
the common interest and general welfare of the inhabitants of such Dorbar Shnongs and for amicable
settlement of disputes.

4. COMPOSITION OF DORBAR SHNONG: (1) The Dorbar Shnong for each village shall
consist of Khasi inhabitants of the village above the age of 18 years and annually new members shall
be inducted on the basis of Ka Teh Rangbah. The constitution of Dorbar Shnong shall be reported
4

annually to the Executive Committee through the Chief and his Dorbar which shall maintain record
thereof.

(2) Dorbar Shnong of a village shall be a body corporate in its name with common seal and
succession which can sue or be sued in its name.

4(A). In the case of a village falling within the territorial jurisdiction of the District Council where
the customary practice of the Dorbar Shnong does not exist, the Chief and his Dorbar shall constitute
the Village Development Council (VDC) in accordance with Section 13 of this Act. Immediately
after constitution of the Village Development Council, the Chief and his Dorbar shall inform and
submit the same to the Executive Committee for approval. On approval of the Executive Committee
such Village Development Council shall be a body corporate in its name with common seal and
succession which can sue and be sued in its name.

Provided that in case of such villages, the duties, functions and responsibilities vested on Dorbar
Shnong under this Act shall be discharged by the Chief and his Dorbar having territorial jurisdiction
over the village or/and in accordance with the prevailing customary practices of the Elaka.

5. POWERS AND FUNCTIONS OF THE DORDAR SHNONG - Subject to such rules as may
be prescribed in this behalf by the Executive Committee, the following shall be the powers and
function of the Dorbar Shnong within its territorial jurisdiction:-

i. To ensure general discipline, social order and tranquility in the village in cases of intra
and inter village affairs.

ii. To provide protection and care for the village population, and in particular for the
children, women, youth and persons with disabilities and any other person or family in
difficult circumstances.

iii. To protect and conserve all community lands and forestlands or any other village
resources against land alienation and privatization for the interest of the village
community.

iv. To conserve and protect Khlaw Kyntang or Khlaw Lyngdoh or Khlaw Niam and
Khlaw Adong or Khlaw Shnong, and to promote the establishment of new forestlands
such as Khlaw Kyntang or Khlaw Lyngdoh or Khlaw Niam and Khlaw Adong or
Khlaw Shnong.

v. To protect and ensure the rights of access to land for sustainable livelihoods practices for
the economically poor and landless households within the territorial jurisdiction of the
Dorbar Shnong.

vi. It shall be responsible in organizing and giving legitimate entity to the Village
Development Council; and it shall ensure that women and youth are active participants
and members of the Village Development Council.

vii. To maintain a population register in the village where the name of each household and its
residents is recorded. No certificate can be issued by the Rangbah Shnong to any
individual unless his/her name has been recorded in the register. The serial number of the
individual in the village register shall be clearly mentioned in each certificate issued by
the Rangbah Shnong.

viii. May issue residential certificates to non-Khasis of India who have been residing within
the village/locality for a period of not less than 14 years preceding the date of application
of such non-Khasi citizens and such certificate shall be granted subject to prior approval
from the Chief and his Dorbar and the District Council and on such pre-requisites as may
be prescribed from time to time by the Executive Committee by way of notification.

ix. To prevent arbitrary usage of natural water sources and ground water for exclusive
personal purpose and to ensure preservation and usage of all natural water sources and
ground water for common sustainable use of the village and its residents.

x. To restrict the manufacturing, sale and use of non-biodegradable materials such as low
density plastic bags and to ensure proper and scientific disposal of waste.
5

xi. To maintain general and special fund for executing developmental projects in the village
and to receive grants-in-aids from the District Council, State and Central Government or
any other Institution/Agency.

xii. May issue No-objection Certificates with prior approval of the Chief and his Dorbar for
the purpose of Trade License and for Mortgage of land based on charges and fees fixed
and determined by the Executive Committee from time to time.

xiii. To ensure strict implementation and also report violation of the provisions of The United
Khasi-Jaintia Hills District Fishery Act, 1954 ant The United Khasi-Jaintia Hills District
(Trading by Non-Tribals) Regulation, 1954 and Rules framed thereunder to the Executive
Committee.

xiv. To ensure non induction and employment of any migrant labourers/work force in
violation of the prevailing Acts/Rules or Regulations framed by the District Council or
the State/Central Government and also to report violation thereof to the Executive
Committee.

xv. To issue birth and death certificates.

xvi. The Executive Committee in recognition of the customary practices prevailing within the
Hima(s) or Raid(s) or Village(s) may from time to time by notification prescribe the
restrictions, terms and conditions of entry of a person other than a tribal native resident.

5(A). DUTIES AND RESPONSIBILITIES OF THE DORBAR SHNONG:-

Subject to the Rules as may be prescribed in this behalf by the Executive Committee, the following
shall be the duties and responsibilities of the Dorbar Shnong;

i. To shoulder the role and responsibility concerning any matters and affairs of the village.

ii. To ensure that all inhabitants of the village be given equal treatment and fair share in all
respects including welfare and socio-economic development.

iii. Peace and harmony, forming of the Village Development Council, appointment of U
Sangot, Registry of households and inhabitants, registry of birth and death, health and
sanitation, cremation or burial sites, village infrastructure, waste management and disposal
of waste, environment and ecology, water sources, communal land and forestlands, Private
lands, forest fires, construction of houses, markets, tourism, etc.

iv. To assist and provide local information as may be required by the District Council, the
State Government or any other authority through the Chief and his Dorbar and the
Executive Committee;

v. To protect the life and property of inhabitants and households of the village.

vi. To establish and maintain burial and cremation grounds and regulating of burial and
cremation therein.

vii. To remove encroachment on roads, footpaths, public places and property vested in the
Dorbar Shnong.

viii. To ensure that all welfare and socio-economic development programmes implemented by
the Village Development Council reaches and benefits the target beneficiaries.

ix. To protect the integrity of the village and uphold its dignity at all times.
x. To make registration of all tenants, labourers and outsiders compulsory.

xi. To ensure financial accountability of the Executive Dorbar, Village Development Council
and village-based voluntary organisations and to organise social auditing through active
participation of all inhabitants of the village.

xii. To coordinate with neighbouring villages in the protection of rivers and streams from
pollution and any destructive practices like poisoning, etc.
6

xiii. To ensure result oriented performance of the Village Development Council as the socio-
economic development and welfare body of the village, and to ensure its smooth and
efficacious functioning through the active participation of all inhabitants of the village.

xiv. To ensure that the Executive Dorbar, Village Development Council and village-based
voluntary organisations prepare and present the annual and periodical report and statement
of audited account to the Dorbar Shnong as per the rules and submit the same to the
Executive Committee through the Chief and his Dorbar for approval.

xv. To ensure that all decisions and order passed by the Dorbar Shnong be made public by U
Sangot.

xvi. To bring any matters concerning acts of violence against any inhabitants or households of
the village to the Deputy Commissioner of the district and the Police.

xvii. Any other function and powers as may be delegated by the District Council from time to
time.

5(B). PROHIBITIONS:-

The Dorbar Shnong and the Rangbah Shnong of the village shall not in any form or in
manner arbitrarily decide or act or impose or condone or incite any of the followings:-

(i) Barring any Khasi inhabitants to settle and reside in the village.

(ii) Expel any inhabitants or households from the village.

(iii) Encourage, initiate, comply or condone with any kinds of injustice or destruction of
property or acts of violence against inhabitants or households on basis of rumours or
allegations.
(iv) Condone allegations or rumors of witchcraft, sorcery and or any practice of black magic
against any person, individual or any inhabitants or households of the village.

(v) Expel or cause injustice against any inhabitants or households of the village solely on the
basis of difference of political affiliations or difference of faiths or differences of opinions
and practices.

(vi) Allow any kinds of allegations to spiral out of control among inhabitants or households of
the village.

(vii) Condone or comply with any kinds of violent acts that may cause harm
or loss of life of any inhabitants or households of the village.

6. THE CEREMONY OF KA TEH RANGBAH: At the commencement of the annual meeting of


the Dorbar Shnong, the Rangbah Shnong shall introduce the newly listed Khasi inhabitants of the
village who have attained the age of 18 years in the course of preceding year and/or have newly
settled in the village to the members of the Dorbar Shnong and shall explain to such new members
the basic tenets and responsibilities related to “Ka Synshar, Ka Khadar and Ka Bishar”, Ka Hok Ka
Sot”, “Ka Burom Ka Akor” and their role as the responsible member of the village community.
Upon taking of their pledge, they shall be inducted and registered as the members of the Dorbar
Shnong after having put their signature/thumb impression in the register of the Dorbar Shnong
maintained for the purpose.

7. U SYNÑIANG U BYNHEI:- As per the customary practice of Khasi society, the Dorbar Shnong
shall continue with the practice of U Synniang U Bynhei for the purpose of Ka Synshar, Ka Khadar
and Ka Bishar.

8. (1) NOMINATION, ELECTION AND CONFIRMATION OF RANGBAH SHNONG -


Notwithstanding anything contained in any other law for the time being in force enacted by the
District Council, on expiry of the term of office of the Rangbah Shnong or in the event of the post of
the Rangbah Shnong falling vacant, the election or nomination to fill up the post, as the case maybe,
shall be conducted by the Chief as per prevailing custom of the Village, Raid or Elaka and/or in
accordance with the orders of the Executive Committee which may be issued from time to time.
7

(i) All report/proceedings of nomination and/or elections of Rangbah Shnong and Executive
Dorbar shall be reported by the Chief to the Executive Committee for approval within a period
of 7 (seven) working days. The Executive Committee shall within a period of 10 (ten) working
days of receipt of the report give its approval unless there is any dispute or appeal pending in
respect of such election/nomination. Only after the approval of the Executive Committee, the
Chief shall issue the appointment order to the Rangbah Shnong and the Executive Dorbar so
elected/nominated within 7 days of the intimation of approval.

Provided that if the Executive Committee fails to grant the requisite approval within the
stipulated period of 10 (ten) working days, the same shall be considered as deemed approved
and the Chief shall issue sanad/appointment accordingly.

(ii) If any dispute arises regarding any matter relating to or connected with the election or
nomination of Rangbah Shnong and Executive Dorbar, the dispute shall be referred by the
party or parties concerned to the Chief and his Durbar on payment of Durbar fee of Rs.100
(Rupees One Hundred) for decision.

(iii)An appeal against the order/ decision shall lie to the Executive Committee whose decision shall
be final. Such appeal shall be filed within a period of 30(thirty) days from the date of such
order/decision.

(2): Only a Khasi inhabitant who has attained the age of 25 years and a resident of the village for not
less than 10 years or as per prevailing custom of the Elaka shall be eligible to be elected or
nominated as the Rangbah Shnong.

(3): The Rangbah Shnong should be a person of integrity and should not have been convicted under
any penal offence and/or a declared insolvent.

(4): After the election of the Rangbah Shnong, the Dorbar Shnong, shall form the Executive Dorbar
to assist the Rangbah Shnong. Such Executive Dorbar shall include persons to hold the post of
Assistant or Synbud Rangbah Shnong, the Secretary, the Treasurer, the Sangot and such other
member(s) as may deemed necessary by the Dorbar Shnong. The Executive Dorbar or committee
shall function in accordance with the prescribed rules and guidance provided by the Dorbar Shnong
and shall be accountable to it. The Executive Dorbar or committee shall continue as long as they
have the consensus support of the Dorbar Shnong.

Provided that the Executive Committee may on its own convene and conduct the election and issue
appointment in the event of the Dorbar Shnong or the Chief and his Dorbar fails or neglect to
elect/nominate a Rangbah Shnong and the Executive Dorbar within a period of one month of the
post falling vacant or on any count, and may depute an observer to oversee and ensure free, fair and
smooth conduct of election or nomination, as the case may be. The observer shall on the conclusion
of such election/nomination report the same to the Executive Committee for its final decision.

9. DUTIES, ACCOUNTABILITY AND RESPONSIBILITY OF THE RANGBAH SHNONG:-

i. To maintain, preserve and protect records pertaining to the Dorbar Shnong and to represent
the Dorbar Shnong;

ii. To protect and uphold Ka Hok Ka Sot and Ka Burom Ka Akor of the Dorbar Shnong.

iii. To be responsible in governing and administering the day–to–day affairs of the village and in
coordination with the Executive Dorbar.

iv. Shall be responsible and accountable to the Dorbar Shnong, the Chief and his Dorbar and the
Executive Committee;

v. To organize and hold the Dorbar Shnong at least once a year or as when required or
demanded by not less than 50 percent of the listed inhabitants of the village.

vi. To provide annual reports and audited statement of accounts to the Dorbar Shnong through
the Executive Dorbar.
8

vii. To function according to the stipulated guidelines provided by the Dorbar Shnong and the
rules stipulated by the Executive Committee.

viii. To keep the institution of Dorbar Shnong neutral during elections of the District Council, the
Meghalaya Legislative Assembly and the Lok Sabha.

ix. To protect and care for the welfare of aged persons, women and children, persons with
disabilities and persons or households in difficult circumstances.

x. To chair all meetings of the Dorbar Shnong and such other meetings stipulated under this
Act. In his absence the meetings shall be chaired by the Deputy or Assistant Rangbah Shnong
or any person selected for the purpose.

xi. The Rangbah Shnong cannot take decisions on any matters concerning the village without
prior consent of the Executive Dorbar.

xii. The Rangbah Shnong cannot issue residential certificates or No Objection Certificates to any
(non-Khasi) person without the prior approval and consent of the Executive Dorbar, Elaka
and the Executive Committee.

xiii. The Rangbah Shnong cannot enter into negotiation with any outside agencies or
organizations or corporations or groups or individuals without the prior approval and consent
of the Dorbar Shnong, Elaka and the District Council.

xiv. The Rangbah Shnong cannot issue No Objection Certificates to any company or firm or
society or organization or group or individual or clan in matters concerning allotment,
occupation, use or setting apart of land or forestlands or any other village resources without
the prior approval and consent of the Dorbar Shnong, Elaka and the District Council.

xv. The Rangbah Shnong shall in coordination with the Executive Dorbar, initiate the formation
of Village Development Council.

10. REMOVAL OF THE RANGBAH SHNONG:- (1) The Rangbah Shnong maybe suspended or
removed from office in a meeting of the Dorbar Shnong specially convened for the purpose in the
event of the Rangbah Shnong violating any provisions of this Act or the Rules framed hereunder;
Or
(i) The Rangbah Shnong has lost the confidence of the majority of the members of the
Dorbar Shnong;
Or
(ii) The Rangbah Shnong violates any of the terms and conditions of the appointment;
Or
(iii) The Rangbah Shnong violates any laws, regulation, rules and resolutions passed by the
Chief and his Dorbar or the District Council;
Or
(iv) The Rangbah Shnong refuses to carry out the orders and instructions issued by the
Chief and his Dorbar or the Executive Committee;
Or
(v) The Rangbah Shnong has been incapable of carrying on the administration to the
satisfaction of the Executive Committee due to ill health, old age or habitual
drunkenness;
Or
(vi) The Rangbah Shnong violates any customary rights and practices prevailing in the
Elaka concerned and duly approved by the Executive Committee;
Or
(vii) The Rangbah Shnong has been convicted of an offence involving moral turpitude;
Or
(viii) The Rangbah Shnong has oppressed the people of the village and they have just cause
for dissatisfaction with his misrule;
Or
(ix) The Rangbah Shnong is an undischarge insolvent;
Or
(x) The Rangbah Shnong has been conducting himself in a manner derogatory to his office
or pre-judicial to the interest of the village;
Or
9

(xi) The Rangbah Shnong has been conducting himself in a manner which may undermine
the authority of the Elaka or the Executive Committee;

Provided that no Rangbah Shnong shall be removed or suspended under Section 10 above
unless he is given an opportunity of being heard.

Provided further that the requirements of the first proviso above shall not apply –
(i) in the case where the order or removal or punishment or suspension is
awarded on account of his being convicted of an offence involving moral
turpitude;
(ii) in the case of order of suspension pending inquiry.

(2) Upon removal or resignation or death of the Rangbah Shnong, the Assistant or Synbud
Rangbah Shnong along with the Executive Dorbar shall assume responsibility of the
Rangbah Shnong and discharge day to day normal duties until a new Rangbah Shnong is
appointed and the Executive Dorbar is reconstituted. The entire process of appointment of
the new Rangbah Shnong and the reconstitution of the new Executive Dorbar shall be
completed within a period of 30 (thirty) days from the date of vacation of the office of the
Rangbah Shnong.

Provided that the Dorbar Shnong may by not less than 50 percent of its members requisition
a meeting of the Dorbar Shnong to recall and elect a new Rangbah Shnong and the Executive
Dorbar and within 7 days of receipt of such requisition the Rangbah Shnong shall convene
the meeting.

11. DUTIES AND FUNCTION OF THE EXECUTIVE DORBAR - The Executive Dorbar shall
perform such function and duties as assigned or entrusted by the Dorbar Shnong and it shall see that
the Act and rules framed thereunder, the rules, regulation, orders and resolutions passed by the Elaka
or the District Council or Executive Committee or Dorbar Shnong are implemented in letter and
spirit. It shall be collectively be responsible for carrying the day to day affairs on behalf of the
Dorbar Shnong and it shall be accountable to the Dorbar Shnong.

12. TERM OF OFFICE OF RANGBAH SHNONG AND EXECUTIVE DORBAR- Subject to


the provisions of Section 10 and Section 19, the Rangbah Shnong and the Executive Dorbar shall
have a term of not more than three years.

Provided that the Rangbah Shnong may be removed from office before the stipulated term of three
years, if he has lost the confidence of the Dorbar Shnong or if he violates or contravenes any of the
provisions of Section 10 of this Act.

13. THE VILLAGE DEVELOPMENT COUNCIL:-

(i) With effect from the date of coming into force of this Act, every Chief shall ensure that
every village under his jurisdiction shall constitute a Village Development Council to
enable and ensure the participation of men, women and youth in welfare and socio-
economic development of the village and based on people’s participation and a sense of
community ownership and it shall be guided by the principles of Ka Hok Ka Sot and Ka
Burom Ka Akor. The Village Development Council shall be under the general control
and supervision of the Dorbar Shnong and it shall be accountable to the Dorbar Shnong.

(ii) It shall consist of all residents of the village above the age of eighteen years, and they
shall form the general body of the Village Development Council.

(iii) It shall be a permanent non-hierarchical body, and its decision-making shall be based on
consensus, and any person holding office in the Village Development Council shall be
accountable to its general council, the Executive Dorbar, the Dorbar Shnong and the
Executive Committee.

(iv) The members of the Village Development Council in its first meeting shall elect a
Chairperson from amongst themselves in a general body meeting chaired by the Rangbah
Shnong specially convened for the said purpose by way of simple majority. The
10

Chairperson so elected shall preside over the meetings of the Village Development
Council without any power to decide independently or unilaterally; and in the absence of
the Chairperson, the Village Development Council can select any of its member to chair
the meeting.

(v) The members of the Village Development Council shall elect a person from among
themselves a Secretary of the council. The term of the Secretary shall be for a period of
three years. The Secretary shall maintain records of the proceedings, and shall prepare the
Annual Reports and statement of accounts and shall submit the same to the Executive
Dorbar for placing the same before the Dorbar Shnong for deliberation, consideration and
approval.

(vi) The Treasurer of the Dorbar Shnong shall be the ex-officio treasurer of the Village
Development Council who shall be responsible for maintaining correct and true account
of all the receipt and expenditure of all funds executed through the Village Development
Council.

(vii) After the formation of the Village Development Council, the Dorbar Shnong shall
inform the Executive Committee through the Chief.

(viii) The Treasurer shall prepare and submit quarterly account of all receipt and expenditure to
the Executive Dorbar for its verification. The Executive Dorbar shall prepare annual
statement of accounts therefrom and present the same at the annual meeting of the Dorbar
Shnong for its approval.

(ix) The annual account of the Village Development Council shall be audited by the Auditor
appointed by the Executive Dorbar with prior approval of the Dorbar Shnong.

(x) The audited account so maintained by the treasurer shall be placed before the Executive
Dorbar and the Village Development Council in each of its meetings.

14. RULES AND REGULATION OF THE VILLAGE DEVELOPMENT COUNCIL:-

Subject to the provisions of this Act and Rules framed thereunder and orders that may be
passed by the Executive Committee, the Village Development Council shall have the power to
formulate rules and regulations for dealing with matters such as meetings, absence, reporting, local
contributions, planning, implementation and monitoring of schemes, etc., in the discharge of its
function and responsibility.

15. FUNCTION AND RESPONSIBILITY OF THE VILLAGE DEVELOPMENT


COUNCIL:-

The Village Development Council shall have the power and shall be responsible in matters
such as:

(i) It shall be the participatory developmental planning and implementing body of the
village.

(ii) It shall collect village data and prepare reports on the village, and shall prepare resource
map of the village.

(iii) It shall formulate Village Annual Plans, perspective plans, and strategy for
implementation.

(iv) It shall implement all developmental schemes and programmes;

(v) It shall train inhabitants of the village in various aspects concerning health and hygiene,
waste disposal, domestic management, skills, etc; and it shall train its members /office
bearers in matters of accounting and financial management.

(vi) It shall promote and improve the livelihoods and food security of the inhabitants by
taking up various kinds of developmental activities.
11

(vii) It shall promote, protect and conserve indigenous seeds, plants or species; and indigenous
knowledge systems and practices.

(viii) It shall be responsible in advocating on land related issues affecting the landless and the
poor in the village.

(ix) It shall conduct assessment and initiate sustainable management of Natural Resources.

(x) It shall in consultation with the Dorbar Shnong identify and select individual
beneficiaries whether Below Poverty Line (BPL) or Above Poverty Line (APL) for
various development schemes/projects/programmes of the government and the District
Council.

(xi) It shall raise local resources for its own development.

(xii) It shall identify, prepare and implement village-based projects/schemes of the


government and the District Council.

(xiii) It shall train itself to monitor and evaluate projects/schemes of individuals, groups or
village, and send its report to the concerned authorities.

(xiv) It shall interact with credible Non-Governmental Organisations Government/Institutions


including research institutions.

(xv) It shall facilitate Self-Help Groups, potential entrepreneurs and micro-enterprise, village
associations for the youth and women.

(xvi) It shall prepare annual reports and audited statement of accounts.

16. TERM OF OFFICE OF VILLAGE DEVELOPMENT COUNCIL OFFICE BEARERS:-

Subject to the provisions of Section 19, The duration of Office bearers of the Village
Development Council shall be for 3 (three) years.

17. MEETINGS OF THE VILLAGE DEVELOPMENT COUNCIL:-

The Chairperson and the Secretary shall organise the general body of the Village
Development Council four times a year or as and when required or demanded by the
villagers.

18. REMOVAL OF OFFICE BEARERS - Any person holding office under the Village
Development Council shall be removed from office by the Village Development Council if
he/she acts arbitrarily or if he/she misuses developmental funds or if he/she takes any
decision without the prior consent and approval from the body of the Village Development
Council.

19. EMERGENCY POWERS OF THE EXECUTIVE COMMITTEE :-

(1) In the event of any instance of gross violation or subversion of the provisions of this Act
or Rules framed thereunder, the Executive Committee shall have the power to suspend and
or supersede the Rangbah Shnong or the Executive Dorbar or any committee(s) or any/all
Office Bearer(s) of the Village Development Council and take over the administration of
the village or may appoint an Administrative Officer to administer the village until a new
Rangbah Shnong or Executive Dorbar or any other committee(s) or any such Office
Bearer(s) has been elected as per the provisions of this Act.

Provided that no Executive Dorbar or Rangbah Shnong or Office Bearer or any other
committee(s) shall be suspended or superseded without giving such Rangbah Shnong or
Executive Dorbar or any other committee(s) the opportunity of being heard. Any order
passed by the Executive Committee under this Section shall be final.
12

20. ANNOUNCEMENT, NOTIFICATION OF ORDERS, RULES, RESOLUTIONS AND


INFORMATIONS:-

All orders, resolutions and any other information passed by the Dorbar Shnong or the Village
Development Council shall be in writing and forthwith proclaimed or notified through U
Sangot appointed for the purpose as per prevailing custom of the Village.

21. APPEALS:-

(i) Appeals against any order made by any authority under the provisions of this Act shall lie
to the Executive Committee whose decision shall be final.

Provided that the Executive Committee may authorize any three of its Executive Members
to exercise power or powers conferred upon him under the provisions of this Act. Anything
heard, any act done or order passed by such members of the Executive Committee shall
be deemed to have been heard, done or passed by the Executive Committee.

(ii) Every appeal made under this section shall be preferred by a party within one month from
the date of the order appealed against. However delay, if any in filing the appeal beyond
the period of one month may be condoned by the appellate authority on good and sufficient
reasons shown by the appellant for such delay.

22. REVIEW OF ORDERS:-

(i) The Executive Committee may, either on its own motion or on the application of any
party interested, review any order passed by itself. Review and/or revise any order passed
by any authority of the District Council acting under this Act and pass such order in
reference thereto as it may deem necessary after affording hearing to all parties to be
affected by such order of review/revision.

(ii) No order shall be reviewed at the instance of any party except on the following grounds,
viz. –

(a) discovery of new and important matter of evidence having bearing to the subject
which could not be produced earlier in spite of due diligence; or
(b) some mistake or error apparent on the face of the record; or
(c) any other sufficient reason for the ends of justice.

23. REMOVAL OF DIFFICULTIES:- If any difficulty arises in interpreting or giving effect to


any provision of this Act, the Executive Committee may as occasion requires, take any action not
inconsistent with the provisions of this Act which may appears to it necessary for the purpose of
removing such difficulty.

24. POWER TO MAKE RULES:-

(i) The Executive Committee may make rules for the purpose of carrying out the provisions
of this Act. Such rules when published in the Gazette shall have the force of law.

(ii) Subject to the Rules made by the Executive Committee, The Dorbar Shnong or the
Village Development Council may make rule for the purpose of carrying out the
duties and responsibilities under this Act.

Such rules shall be forwarded by the Dorbar Shnong through the Elaka for approval by the Executive
Committee and until approved by the Executive Committee, they shall not have the force.

25. EXEMPTION:- This Act shall apply only to those provisions not provided in the
respective Syiemship, Sirdarship, Lyngdohship and Wahadadarship Acts and Rules with the
exception that the provisions of Section 8 of this Act shall be adopted in matters relating to the
nomination and election of Rangbah Shnong.
13

STATEMENT OF OBJECT AND REASONS

Whereas it has become expedient to streamline and to provide for an efficient village
administration which is transparent, accountable and to strengthen the time tested Khasi system of
democracy, social custom, ideals, code of moral conduct, values and principle of honesty, justice,
righteousness, respect, honour, dignity and manners.

Hence this Bill.

Certified that the above Bill was passed by the Khasi Hills Autonomous District Council on
1st July, 2014.

No.__________________________ I assent to this Bill.

Dated Shillong

The _______________ GOVERNOR OF MEGHALAYA

_____________
14

APPENDIX I
[See Section 2 (7), 2 (17), 2(18) and Section 3]

1. KHYRIM - SYIEMSHIP
2. MYLLIEM - SYIEMSHIP
3. NONGKHLAW - SYIEMSHIP
4. CHERRA - SYIEMSHIP
5. NONGSTOIN - SYIEMSHIP
6. MAHARAM - SYIEMSHIP
7. NONGSPUNG - SYIEMSHIP
8. LANGRIN - SYIEMSHIP
9. MAWSYNRAM - SYIEMSHIP
10. MYRIAW - SYIEMSHIP
11. RAMBRAI - SYIEMSHIP
12. MAWIANG - SYIEMSHIP
13. BHOWAL - SYIEMSHIP
14. MALAISOHMAT - SYIEMSHIP
15. NOBOSOHPHOH - SYIEMSHIP
16. JIRANG - SYIEMSHIP
17. SOHIONG - LYNGDOHSHIP
18. MAWPHLANG - LYNGDOHSHIP
19. LYNGIONG - LYNGDOHSHIP
20. MAWDON - SIRDARSHIP
21. PAMSANNGUT - SIRDARSHIP
22. NONGLWAI - SIRDARSHIP
23. MAWLONG - SIRDARSHIP
24. SHELLA
CONFEDERACY - WAHADADARSHIP
15

APPENDIX II
[See Section 2 (7), 2(17), 2(18) and Section 3]

1. DWARA NONGTYRNEM - SIRDARSHIP


2. WAHLONG - SIRDARSHIP
3. JYRNGAM - SIRDARSHIP
4. LAITLYNGKOT - SIRDARSHIP
5. LAITKROH - SIRDARSHIP
6. MYRDON - SIRDARSHIP
7. MAWMLUH - SIRDARSHIP
8. MAWBEH LARKHAR - SIRDARSHIP
9. MAWSMAI - SIRDARSHIP
NONGTHYMMAI
10. MARBISU - SIRDARSHIP
11. MYNTENG - SIRDARSHIP
12. NONGPOH - SIRDARSHIP
13. NONGKROH - SIRDARSHIP
14. NONGJRI - SIRDARSHIP
15. NONGRIAT - SIRDARSHIP
16. NONGSHLUID - SIRDARSHIP
17. RIANGSIH - SIRDARSHIP
18. NONGLANG - SIRDARSHIP
19. NONGLYNGKIEN - SIRDARSHIP
20. NONGLAIT - SIRDARSHIP
21. RAMDAIT - SIRDARSHIP
22. SAITSOHPEN - SIRDARSHIP
23. SYNNEI - SIRDARSHIP
24. SINAI MAWSHYNRUT - SIRDARSHIP
25. SOHBAR - SIRDARSHIP
26. TYRNA - SIRDARSHIP
27. TYNRONG - SIRDARSHIP
28. TYNRIANG - SIRDARSHIP
29. UMNIUH – TMAR - SIRDARSHIP

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