Section 9 in Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997
9. Disposal of application by registration authority.
(1)On receipt of the application for registration and for grant of a certificate by the registration authority under this Act, the same shall be considered and disposed of by the registration authority as soon as may be and not later than six months from the date of receipt the application.(2)In granting or refusing registration and grant of a certificate under this Act, the registration authority shall take into account all the provisions of the foregoing Section 3, 4, 6, 7 and 8 and the other relevant provisions of this Act as well as the rules and orders made thereunder and shall also, in this connection, take into consideration the following matters, namely:(a)Whether the person seeking registration and for grant of certificate or in whose behalf the same be sought (hereinafter in this section referred to as "the applicant") is/was married or not and if married, whether his/her spouse is/was a Khasi or not;(b)Whether the parents of the applicant are/were both Khasis or not;(c)Whether the applicant's parents, in case one of them is/was a non-Khasi are/were legally married and whether they are/were living together or have/had separated or have/had been divorced, furnishing supporting documents wherever possible;(d)the place of birth of the parents and of the applicant;(e)Whether the applicant, in case one of the applicant's parents is/was a non-Khasi, can speak Khasi and has knowledge of the Khasi customs of kinship, marriage, divorce, inheritance, and of the Khasi customs which an ordinary Khasi person is expected to know.(f)Whether the applicant and/or the applicant's parents or any of them hold any landed property in any area within any State in India.(g)Whether the applicant and/or the applicant's parents or any of them had ever stayed in any country outside India. If so, the purpose of his/her/their stay in such foreign country/countries and whether the applicant and/or the parents or any of them own any land or house property there or leased hold right to any such property;(h)Whether the applicant and/or the applicant's parents or any of them had ever acquired the citizenship or nationality of any foreign country;(i)Whether the Khasi parent of the applicant and/or the applicant had at any time adopted or identified himself/herself by the title or surname of his/her non-Khasi parent and/or spouse, as the case may be and not by the Khasi title or surname, that is, Kur or Jait;(j)Whether the Khasi status of the applicant and of the applicant's parents or any of them had ever been in doubt or questioned by any of their near relatives or by any person or authority or had been questioned before any authority or court of law.(3)The registration authority may for the purpose of clause (c) of subsection (2) of this Section or where the registration authority has reason to believe, which shall be recorded in writing, that any of the information furnished in the application are doubtful, direct the personal appearance of the applicant or/and his/her parents or any of the parent before the registration authority, at their own expenses, for ascertaining the actual position in the matter.(4)The registration authority for disposing of any application under this section may, if considered necessary, call for such information and particulars from the applicant or any chief, headmen or any, other authority or body or association or may make or cause to be made such enquiry or investigation by itself or by such officer, chief headmen, person or other authority or may make a reference to the Executive Committee as it may deem necessary.(5)The Executive Committee may on its own motion or on information received, or on a reference made to it by any chief, headmen, body or association or authority, call for any application for registration disposed of by or pending disposal with the registration authority, or for any paper or record thereof, for its examination and consideration and may make such orders or direction in respect of such application or any reference made to it by the registration authority under the preceding sub-section (4) or it may refer the matter or any other matter it considers necessary to such chief or headmen, or any person, or authority, body or association as the Executive Committee may decide, for their views, opinion or advice or the Executive Committee may order such enquiry or investigation to be made by such officer, body or person or authority with respect to any matter in connection thereof and after considering the views opinions, advice of the report of such enquiry or investigation pass such order, direction or instruction in this behalf and the registration authority shall have to act according to such order, direction or instruction.(6)Every order granting or refusing registration shall be in writing and shall contain reasons thereof.(7)Where registration is granted the applicant shall be registered as a Khasi and of such Kur, Jait or Clan in such register and other records as may be prescribed and a certificate to that effect, in such form and containing such particulars may be prescribed and affixed with the photograph of the person concerned authenticated by the registration authority in such manner as may be prescribed shall be granted to the applicant.(8)The registration authority shall prepare and submit a list of application not disposed of by it within the period mentioned in subsection (1) to the Executive Committee with reasons thereof and the Executive Committee after taking into consideration of all the facts and circumstances relevant thereto and/or after causing such inquiry to be made in the matter and/or after making a reference as provided under section (5) of this section shall issue such instruction or direction as to the disposal of the application and the registration authority shall dispose of the application accordingly.
