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APPENDIX XXVI

AGREEMENT EXECUTED BY THE FEDERATION OF KHASI STATES

1. The Federation of Khasi States, hereinafter referred to es "the Federation", agrees that all existing administrative arrangements between the Dominion of India and the Province of Assam on the one hand and the Khasi States on the other hand shall, with the exceptions noted below, continue in force until new or modified arrangements have been arrived at between the respective authorities concerned.

2. The exceptions referred to above will be as follows:—

Judicial Powers—

(a) The Federation will set up a competent Court of the Federation to exercise the judicial functions formerly vested in the Political Officer.
(b) In matters of customary law there will be no appeal from the Court of the Federation. In other cases, as at present, an appeal will lie to the Governor until a High Court of Assam is established when such appeal will lie to the Assam High Court.
(c) The judicial authority now exercised by State Courts in respect of Khasis will be maintained.
(d) In regard to all non-Khasis the judicial arrangements now existing will continue for the present except that the judicial powers of the Political Officer will be vested in the Court of the Federation when its competence is recognised. Where non-Khasis have voluntarily agreed to submit to the jurisdiction of a State Court that Court will continue to be the original trying court.
(e) Where State Courts comply with certain conditions to be laid down they may be vested with First, Second or Third Class Powers as defined in the Criminal Procedure Code and their jurisdiction would then include both Khasis and non-Khasis. The appointment of magistrates to the States' Courts and to the Court of Federation will be subject to the approval of the Governor in regard to their judicial competence. The Chief Justice of the Assam High Court, when established, will assume this power now vested in the Governor.

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