CHAPTER - VII
THE ADMINISTRATION OF TIBETAN SETTLEMENTS
The Administration of Tibetan Settlements in Exile - Article 71. There shall be a Tibetan Administrative Office in every Tibetan settlement in exile, defined by:
(a) Settlements engaged primarily in agriculture
(b) Settlements engaged primarily in handicrafts and Co-operatives
(c) Monastic Communities
(d) Schools and Academic Institutions
(e) Self-employed communities
(f) Scattered Tibetan Communities; and
(g) Other places of residence.
Tibetan Administrator and Assistant Tibetan Administrator of the Tibetan Settlements - Article 72. There shall be a Tibetan Administrator in every Tibetan settlement, and an Assistant Tibetan Administrator in larger Tibetan settlements.
1) Any Tibetan resident of a Tibetan settlement, regardless of sex or of lay or ordained status, shall be entitled to stand for nomination for election as a Tibetan Administrator subject to the qualifications prescribed in Articles 11 and 38 of this Charter. Provided that the diplomatic representatives of the Tibetan Administration shall not be elected as a Tibetan Administrator.
2) An Assistant Tibetan Administrator may be elected by the respective Tibetan Local Assembly, as deemed necessary, without direct election by the general Tibetan public. Such an election shall require the support of at least a two-thirds majority of the total number of members of that Tibetan Local Assembly.
Election of the Tibetan Administrators of the Tibetan Settlements - Article 73.
(1) There shall be a preliminary election for nomination from amongst the general Tibetan public in each of the respective settlements, and those citizens shall be divided into sub-committees, each consisting of not more than 25 Tibetan citizens, for the election of a Tibetan Administrator.
(2) 4 candidates shall be elected from amongst the nominees who have secured the highest vote, before holding the final election for the positions of the Tibetan Administrator of each respective Tibetan settlement.
(3) The candidate who is elected to be the Tibetan Administrator shall secure more than 51% of the total number of votes within that respective Tibetan settlement.
(4) If any candidate has failed to secure 51% of the vote within the respective Tibetan settlement, a decision shall be made in accordance with Article 74 of this Charter.
(5) If any member of the Tibetan Local Assembly or any locally appointed staff of the Tibetan settlement is elected as the Tibetan Administrator or Assistant Tibetan Administrator, such persons shall resign from his or her former membership or position.
The Appointed Tibetan Administrator and Appointed Assistant Tibetan Administrator - Article 74. There shall be both a Tibetan Administrator and an Assistant Tibetan Administrator, or either, as the case may be, for each Tibetan settlement appointed by the Central Tibetan Administration under the following circumstances:
(1) when the required percentage of votes has not been secured from the general Tibetan public within the respective Tibetan settlement as specified in clause (3) of Article 73 of this Charter;
(2) either a candidate elected from amongst the general Tibetan public has failed to meet qualifications, or the general Tibetan public has expressed an unwillingness to hold an election for the time being; and
(3) either the Elected Tibetan Administrator has failed to discharge his or her responsibility, or has lost the confidence of the general Tibetan public, or if the Community is unusable to select his or her replacement the Central Tibetan administration shall appoint their replacements.
Removal of Appointed Tibetan Administrators - Article 75. In any Tibetan settlement, if any Tibetan person qualified to be their Administrator or Assistant Tibetan Administrator is found among the general Tibetan public while the Appointed Tibetan Administrator and/or Appointed Assistant Tibetan Administrators are holding their respective offices, as soon as the Tibetan Administration is notified thereof by the Local Tibetan Assembly, the appointed Administrator or Administrators may be replaced.
Tenure of the Tibetan Administrators - Article 76.
(1) Unless a situation otherwise necessitates their removal before the expiration of their term, and in accordance with the provision of the regulation, the term of office of the Tibetan Administrator and Assistant Tibetan Administrator shall be 3 years.
(2) Unless otherwise a situation necessitates their removal in accordance with Article 91 of this Charter, there shall be no objection to the re-election of any Tibetan Administrator or Assistant Tibetan Administrator.
Duties of the Tibetan Local Administrators and Assistant Tibetan Local Administrators - Article 77. All Tibetan Local Administrators and Assistant Tibetan Local Administrators shall have the following duties:
(a) to conduct all administrative business of their respective Tibetan settlements;
(b) to carry out judicial responsibilities authorized by the Tibetan Supreme Justice Commission;
(c) to make efforts to maintain harmony, safety and security among Tibetan citizens and between Tibetans and the indigenous people of the respective area; and also to make efforts to adhere to the local laws of the respective host countries and respect the customs and traditions of the people therein;
(d) to carry out all the official responsibilities instructed by the Tibetan Assembly, the Kashag, the concerned Department and other Departments of the Central Tibetan Administration, in accordance with regulations;
(e) to fulfill the objectives and oversee the efficient functioning of the Tibetan Local Co-operative Societies as prescribed by law; and
(f) any other duties deemed to be in the interest of the Tibetan people, from time to time, according to the prescribed rules and regulations.
The Tibetan Local Assembly of Tibetan Settlements - Article 78.
(1) There shall be a Tibetan Local Assembly in each of the respective Tibetan settlements.
(2) a) Each Tibetan Local Assembly shall be comprised of members, regardless of sex or of lay or ordained status, from among the Tibetan residents of their respective settlement, who shall be entitled to stand for nomination and be elected as a member of the Tibetan Local Assembly as prescribed in Articles 11 and 38 of this Charter;
b) Or, each Tibetan Local Assembly may consist of elected members of the Board of Directors of the Tibetan Co-operative Societies, Regional Bhod Rangwang Denpe Legul, leaders and representatives of Tibetan Villages, or elected members of the various communities and Associations. It shall be provided that no Tibetan Administrator and Assistant Tibetan Administrator shall become members.
Number of Members and Duration of the Tibetan Local Assembly of Tibetan Settlements -Article 79.
(1) The quorum of each Tibetan Local Assembly of each Tibetan settlement shall be comprised of not less than 11, but not more than 35, members depending on the population of the respective Tibetan settlements.
(2) Unless circumstances demand dissolution of the Tibetan Local Assembly before the expiration of the term, each Tibetan Local Assembly of the respective Tibetan settlement shall have a term of 3 years.
Speaker and Deputy Speaker of the Tibetan Local Assembly - Article 80.
(1) At the commencement of the first session of each Tibetan Local Assembly, a Speaker and a Deputy Speaker shall be elected from among members by means of a secret ballot and by majority vote.
(2) After their election, the Speaker and Deputy Speaker of the Tibetan Local Assembly shall take and subscribe the oath and affirmation of their respective offices before the Tibetan Local Justice Commission.