The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Monday 21.7.2014 Asadha 30, S.E. 1936, Issue No. 365 NOTIFICATIONNo.A.12018/22/2003-P&AR(GSW), the 11th July, 2014. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following rules regulating the method of recruitment to the post(s) of Joint Director of Sericulture/Principal, Sericulture Training Instit ute under Sericulture Department, Government of Mizoram, namely: 1.Shor t title and (1) These Rules may be called the Mizoram Sericulture Department commencement - (Group ‘A’ post) Recruitment Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application - These rules sha ll apply t o the posts specified in column 1 of Schedule annexed to these rules. 3. Number of posts, The number of the said post(s), their classification, Pay Band and classification, pay band Grade Pay/Pay Scale attached thereto shall be as specified in columns and grade pay/pay sca le - 2 to 4 of the aforesa id Schedule. 4. Method of The method of recruitment to the sa id posts, age limit, qualifica tion recr uitment, age and other matters r elating thereto shall be as specified in columns 5 limit, qualifications, etc - to 14 of the said Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be from time to time. 5. Disqualification - No person, - (a) who has entered into or contra cted a marriage wit h a person having a spouse living; or - 2 - Ex-365/2014 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other gr ounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Every Government servant recruit ed under these rules shall u ndergo such Departmental training or pass such Departmental Examination(s) as may be prescribed Examination - fr om time to time. 7. Powers to transfer - Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have power to transfer any Officer(s) so recruited under these rules to any other post or position which is equivalent in rank or grade. 8. Power to relax - Wher e the Governor is of the opinion that it is necessary or exp edient s o to do, he ma y, by or der and for reasons to be r ecor ded in writing a nd in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect reservation relaxation of age limit and other concessions - other concessions required to be provided for the S cheduled Castes/the Scheduled Tribes a nd other categories of persons in a ccordance with the orders issued by the Centra l Gover nment or the Government of Mizoram from time to time in this regard. 10. Repeal and Savings - All rules pertaining to t hese posts fra med by the Government of Mizoram under Notification No. A. 12018/22/2003-P&AR(GSW) dt. 18.11.2005 published in the Mizoram Gazette Vol. XXXIV Issue No. 332 dated 28.11.2005 stand hereby r epealed. Provided that any order made or anything done or any action taken under the rules so repealed or under any gener al order ancillary thereto, shall be deemed to ha ve been done or ta ken under the cor responding provisions of t hese r u les. By order s, etc. Lalsangpuii, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-365/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100SCHEDULE(See Rule 2, 3 and 4) RECRUITMENT RULES FOR THE POST OF JOINT DIRECTOR/PRINCIPAL, SERICULTURE TRAINING INSTITUTE IN THE DEPARTMENT OF SERICULTURE, GOVT. OF MIZORAMName of postNo. of postClassificationPay Band and Grade Pay/Pay ScaleWhether Selection post or Non-selection post 1 2345 SelectionWhether benefit of added years of service admissible under rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678910 Not applicableNot applicable Not applicable Not applicableNot applicableMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of Posts to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission or DPC as constituted by the Government from time to time Joint Director/ Principal, Sericulture Training Institute2 (two)General State Service (Group ‘A’)(Gazetted) (Non-Ministerial)PB-3 ^ 15600-39100/- + Grade Pay ^ 7600/- PROMOTION : From Deputy Director of Sericulture having not less than 5 (five) years regular service in the grade, failing which from Deputy Director of Sericulture who had rendered 20 years regular service from the date of entry into Sericulture Extension O ff ic e r. 100% by promotion

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Monday 21.7.2014 Asadha 30, S.E. 1936, Issue No. 366 NOTIFICATIONNo.A.12018/22/2003-P&AR(GSW), the 11th July, 2014. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following rules regulating the method of recruit ment to the post(s) of Deputy Director under Sericulture Depa rtment, Government of Mizor am, namely: 1.Shor t title and (1) These Rules may be called the Mizoram Sericulture Department commencement - (Group ‘A’ post) Recruitment Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application - These rules sha ll apply t o the posts specified in column 1 of Schedule annexed to these rules. 3. Number of posts, The number of the said post(s), their classification, Pay Band and classification, pay band Grade Pay/Pay Scale attached thereto shall be as specified in columns and grade pay/pay sca le - 2 to 4 of the aforesa id Schedule. 4. Method of The method of recruitment to the sa id posts, age limit, qualifica tion recr uitment, age and other matters r elating thereto shall be as specified in columns 5 limit, qualifications, etc - to 14 of the said Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be from time to time. 5. Disqualification - No person, - (a) who has entered into or contra cted a marriage wit h a person having a spouse living; or - 2 - Ex-366/2014 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other gr ounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Every Government servant recruit ed under these rules shall u ndergo such Departmental training or pass such Departmental Examination(s) as may be prescribed Examination - fr om time to time. 7. Powers to transfer - Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have power to transfer any Officer(s) so recruited under these rules to any other post or position which is equivalent in rank or grade. 8. Power to relax - Wher e the Governor is of the opinion that it is necessary or exp edient s o to do, he ma y, by or der and for reasons to be r ecor ded in writing a nd in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect reservation relaxation of age limit and other concessions - other concessions required to be provided for the S cheduled Castes/the Scheduled Tribes a nd other categories of persons in a ccordance with the orders issued by the Centra l Gover nment or the Government of Mizoram from time to time in this regard. 10. Repeal and Savings - All rules pertaining to t hese posts fra med by the Government of Mizoram under Notification No. A. 12018/22/2003-P&AR(GSW) dt. 18.11.2005 published in the Mizoram Gazette Vol. XXXIV Issue No. 333 dated 28.11.2005 stand hereby r epealed. Provided that any order made or anything done or any action taken under the rules so repealed or under any gener al order ancillary thereto, shall be deemed to ha ve been done or ta ken under the cor responding provisions of t hese r u les. By order s, etc. Lalsangpuii, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-366/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100SCHEDULE(See Rule 2, 3 and 4) RECRUITMENT RULES FOR THE POST OF DEPUTY DIRECTOR IN THE DEPARTMENT OF SERICULTURE, GOVT. OF MIZORAMName of postNo. of postClassificationPay Band and Grade Pay/Pay ScaleWhether Selection post or Non-selection post 1 2345 SelectionWhether benefit of added years of service admissible under rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678910 Not applicableNot applicable Not applicable Not applicableNot applicableMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of Posts to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission or DPC as constituted by the Government from time to time Deputy Director2 (two)General State Service (Group ‘A’)(Gazetted) (Non-Ministerial)PB-4 ^ 15600-39100/- + Grade Pay ^ 6600/- PROMOTION : From District Sericulture Officer having not less than 5 (five) years regular service in the grade 100% by promotion

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Monday 21.7.2014 Asadha 30, S.E. 1936, Issue No. 367 NOTIFICATIONNo.A.12018/22/2003-P&AR(GSW), the 11th July, 2014. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following rules regulating the method of recruitment to the post(s) of District Sericu lture Officer under Sericulture Department, Government of Mizoram, namely: 1.Shor t title and (1) These Rules may be called the Mizoram Sericulture Department commencement - (Group ‘A’ post) Recruitment Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application - These rules sha ll apply t o the posts specified in column 1 of Schedule annexed to these rules. 3. Number of posts, The number of the said post(s), their classification, Pay Band and classification, pay band Grade Pay/Pay Scale attached thereto shall be as specified in columns and grade pay/pay sca le - 2 to 4 of the aforesa id Schedule. 4. Method of The method of recruitment to the sa id posts, age limit, qualifica tion recr uitment, age and other matters r elating thereto shall be as specified in columns 5 limit, qualifications, etc - to 14 of the said Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be from time to time. 5. Disqualification - No person, - (a) who has entered into or contra cted a marriage wit h a person having a spouse living; or - 2 - Ex-367/2014 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other gr ounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Every Government servant recruit ed under these rules shall u ndergo such Departmental training or pass such Departmental Examination(s) as may be prescribed Examination - fr om time to time. 7. Powers to transfer - Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have power to transfer any Officer(s) so recruited under these rules to any other post or position which is equivalent in rank or grade. 8. Power to relax - Wher e the Governor is of the opinion that it is necessary or exp edient s o to do, he ma y, by or der and for reasons to be r ecor ded in writing a nd in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect reservation relaxation of age limit and other concessions - other concessions required to be provided for the S cheduled Castes/the Scheduled Tribes a nd other categories of persons in a ccordance with the orders issued by the Centra l Gover nment or the Government of Mizoram from time to time in this regard. 10. Repeal and Savings - All rules pertaining to t hese posts fra med by the Government of Mizoram under Notification No. A. 12018/22/2003-P&AR(GSW) dt. 18.11.2005 published in the Mizoram Gazette Vol. XXXIV Issue No. 334 dated 28.11.2005 stand hereby r epealed. Provided that any order made or anything done or any action taken under the rules so repealed or under any gener al order ancillary thereto, shall be deemed to ha ve been done or ta ken under the cor responding provisions of t hese r u les. By order s, etc. Lalsangpuii, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-367/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100SCHEDULE(See Rule 2, 3 and 4) RECRUITMENT RULES FOR THE POST OF DISTRICT SERICULTURE OFFICER IN THE DEPARTMENT OF SERICULTURE, GOVT. OF MIZORAMName of postNo. of postClassificationPay Band and Grade Pay/Pay ScaleWhether Selection post or Non-selection post 1 2345 SelectionWhether benefit of added years of service admissible under rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678910 Not applicableNot applicable Not applicable Not applicableNot applicableMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of Posts to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission or DPC as constituted by the Government from time to time District Sericulture Officer8 (eight)General State Service (Group ‘A’)(Gazetted) (Non-Ministerial)PB-4 ^ 15600-39100/- + Grade Pay ^ 5400/- PROMOTION : From Sericulture Promotion Officer having not less than 5 (five) years regular service in the grade 100% by promotion

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Monday 21.7.2014 Asadha 30, S.E. 1936, Issue No. 368 NOTIFICATIONNo.A.12018/22/2003-P&AR(GSW), the 11th July, 2014. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following rules regulating the method of r ecruitment to the post(s) of S ericult ure Promotion Officer under Sericulture Department, Government of Mizoram, namely: 1.Shor t title and (1) These Rules may be called the Mizoram Sericulture Department commencement - (Group ‘B’ post Gazetted) Recruitment Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application - These rules sha ll apply t o the posts specified in column 1 of Schedule annexed to these rules. 3. Number of posts, The number of the said post(s), their classification, Pay Band and classification, pay band Grade Pay/Pay Scale attached thereto shall be as specified in columns and grade pay/pay sca le - 2 to 4 of the aforesa id Schedule. 4. Method of The method of recruitment to the sa id posts, age limit, qualifica tion recr uitment, age and other matters r elating thereto shall be as specified in columns 5 limit, qualifications, etc - to 14 of the said Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be from time to time. 5. Disqualification - No person, - (a) who has entered into or contra cted a marriage wit h a person having a spouse living; or - 2 - Ex-368/2014 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other gr ounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Every Government servant recruit ed under these rules shall u ndergo such Departmental training or pass such Departmental Examination(s) as may be prescribed Examination - fr om time to time. 7. Powers to transfer - Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have power to transfer any Officer(s) so recruited under these rules to any other post or position which is equivalent in rank or grade. 8. Power to relax - Wher e the Governor is of the opinion that it is necessary or exp edient s o to do, he ma y, by or der and for reasons to be r ecor ded in writing a nd in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect reservation relaxation of age limit and other concessions - other concessions required to be provided for the S cheduled Castes/the Scheduled Tribes a nd other categories of persons in a ccordance with the orders issued by the Centra l Gover nment or the Government of Mizoram from time to time in this regard. 10. Repeal and Savings - All rules pertaining to t hese posts fra med by the Government of Mizoram under Notification No. A. 12018/22/2003-P&AR(GSW) dt. 18.11.2005 published in the Mizoram Gazette Vol. XXXV Issue No. 92 dated 20.4.2006 stand hereby r epealed. Provided that any order made or anything done or any action taken under the rules so repealed or under any gener al order ancillary thereto, shall be deemed to ha ve been done or ta ken under the cor responding provisions of t hese r u les. By order s, etc. Lalsangpuii, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-368/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100SCHEDULE(See Rule 2, 3 and 4) RECRUITMENT RULES FOR THE POST OF SERICULTURE EXTENSION OFFICER IN THE DEPARTMENT OF SERICULTURE, GOVT. OF MIZORAMName of postNo. of postClassificationPay Band and Grade Pay/Pay ScaleWhether Selection post or Non-selection post 1 2345 SelectionWhether benefit of added years of service admissible under rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678910 Not applicableNot applicable Not applicable Not applicableNot applicableMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of Posts to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission or DPC as constituted by the Government from time to time Sericulture Promotion Officer10 (ten)General State Service (Group ‘B’)(Gazetted) (Non-Ministerial)PB-2 ^ 9300-34800/- + Grade Pay ^ 4600/- PROMOTION : From Sericulture Extension Officer having not less than 5 (five) years regular service in the grade 100% by promotion

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Monday 21.7.2014 Asadha 30, S.E. 1936, Issue No. 369 NOTIFICATIONNo.A.12018/22/2003-P&AR(GSW), the 11th July, 2014. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following rules regulating the method of r ecruitment to t he post(s) of S ericult ure Extension Officer under Sericulture Department, Government of Mizoram, namely: 1.Shor t title and (1) These Rules may be called the Mizoram Sericulture Department commencement - (Group ‘B’ post Gazetted) Recruitment Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application - These rules sha ll apply t o the posts specified in column 1 of Schedule annexed to these rules. 3. Number of posts, The number of the said post(s), their classification, Pay Band and classification, pay band Grade Pay/Pay Scale attached thereto shall be as specified in columns and grade pay/pay sca le - 2 to 4 of the aforesa id Schedule. 4. Method of The method of recruitment to the sa id posts, age limit, qualifica tion recr uitment, age and other matters r elating thereto shall be as specified in columns 5 limit, qualifications, etc - to 14 of the said Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be from time to time. 5. Disqualification - No person, - (a) who has entered into or contra cted a marriage wit h a person having a spouse living; or - 2 - Ex-369/2014 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other gr ounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Every Government servant recruit ed under these rules shall u ndergo such Departmental training or pass such Departmental Examination(s) as may be prescribed Examination - fr om time to time. 7. Powers to transfer - Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have power to transfer any Officer(s) so recruited under these rules to any other post or position which is equivalent in rank or grade. 8. Power to relax - Wher e the Governor is of the opinion that it is necessary or exp edient s o to do, he ma y, by or der and for reasons to be r ecor ded in writing a nd in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect reservation relaxation of age limit and other concessions - other concessions required to be provided for the S cheduled Castes/the Scheduled Tribes a nd other categories of persons in a ccordance with the orders issued by the Centra l Gover nment or the Government of Mizoram from time to time in this regard. 10. Repeal and Savings - All rules pertaining to t hese posts fra med by the Government of Mizoram under Notification No. A. 12018/22/2003-P&AR(GSW) dt. 2.11.2005 published in the Mizoram Gazette Vol. XXXIV Issue No. 305 dated 11.11.2005 stand hereby r epealed. Provided that any order made or anything done or any action taken under the rules so repealed or under any gener al order ancillary thereto, shall be deemed to ha ve been done or ta ken under the cor responding provisions of t hese r u les. By order s, etc. Lalsangpuii, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-369/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100SCHEDULE(See Rule 2, 3 and 4) RECRUITMENT RULES FOR THE POST OF SERICULTURE EXTENSION OFFICER IN THE DEPARTMENT OF SERICULTURE, GOVT. OF MIZORAMName of postNo. of postClassificationPay Band and Grade Pay/Pay ScaleWhether Selection post or Non-selection post 1 2345 SelectionWhether benefit of added years of service admissible under rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678910 Not applicableBetween 18-35 years. Upper age limit is relaxable upto 5 years in case of Schedule Tribe/Schedule CasteNot applicable B. Sc Biology with Post Graduate Diploma in Sericulture2 (two) years for direct recruitmentMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of Posts to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission or DPC as constituted by the Government from time to time Sericulture Extension Of ficer20 (twenty)General State Service (Group ‘B’)(Gazetted) (Non-Ministerial)PB-2 ^ 9300-34800/- + Grade Pay ^ 4400/- 1 . 30% from Farm Manager/ Sericulture Inspector/Reeling Foreman having not less than 5 years regular service in the grade. 2 . 20% Departmental Examination from Farm Manager/Sericulture Inspector/Reeling Foreman with not less than 3 years regular service in the grade. Promotion : 1. 30% by promotion 2. 20% by Departmental Examination 3. 50 % by direct recruitment

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Monday 21.7.2014 Asadha 30, S.E. 1936, Issue No. 370 NOTIFICATIONNo.A.12018/61/2012-P&AR(GSW), the 14th July, 2014. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following r ules regulating the method of recruitment to the post(s) of Planning Assista nt under Urban Development & Poverty Alleviation Department (Town & Country Planning Wing), Government of Mizoram, namely: 1.Shor t title and (1) These Rules may be ca lled the Mizor am Urban Development & Poverty commencement - Alleviation Depar tment (T&C Wing)(Group ‘B’ posts) Recruitment Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application - These rules sha ll apply t o the posts specified in column 1 of Schedule annexed to these rules. 3. Number of posts, The number of the said post(s), their classification, Pay Band and classification, pay band Grade Pay/Pay Scale attached thereto shall be as specified in columns and grade pay/pay sca le - 2 to 4 of the aforesa id Schedule. 4. Method of The method of recruitment to the sa id posts, age limit, qualifica tion recr uitment, age and other matters r elating thereto shall be as specified in columns 5 limit, qualifications, etc - to 14 of the said Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be from time to time. 5. Disqualification - No person, - (a) who has entered into or contra cted a marriage wit h a person having a spouse living; or - 2 - Ex-370/2014 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other gr ounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Every Government servant recruit ed under these rules shall u ndergo such Departmental training or pass such Departmental Examination(s) as may be prescribed Examination - fr om time to time. 7. Powers to transfer - Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have power to transfer any Officer(s) so recruited under these rules to any other post or position which is equivalent in rank or grade. 8. Power to relax - Wher e the Governor is of the opinion that it is necessary or exp edient s o to do, he ma y, by or der and for reasons to be r ecor ded in writing a nd in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect reservation relaxation of age limit and other concessions - other concessions required to be provided for the S cheduled Castes/the Scheduled Tribes a nd other categories of persons in a ccordance with the orders issued by the Centra l Gover nment or the Government of Mizoram from time to time in this regard. By order s, etc. Lalsangpuii, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-370/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100SCHEDULE(See Rule 2, 3 and 4) RECRUITMENT RULES FOR THE POST OF PLANNING ASSISTANT IN THE DEPARTMENT OF URBAN DEVELOPMENT & POVERTY ALLEVIATIONName of postNo. of postClassificationPay Band and Grade Pay/Pay ScaleWhether Selection post or Non-selection post12345 Selection in ca se of promotionWhether benefit of added years of service admissible under rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678910 Not applicableBetween 18-35 years, upper age limit is relaxable by 5 years for Schedule Caste/ Schedule Tribe candidates.Not applicable Essential :1 ) HSLC with 3 (th ree) years Diploma in Civil Engi- neering/Architecture/ Town Planning from Government recognized Institution 2) Working knowledge of Mizo language up to Middle School standard Desira ble :1) Degree in Civil Enginee- ring/Architecture/Town Planning from Government recognized institution. 2) Working knowledge of Computer application.Two yearsMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of Posts to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission Planning Assistant5 (five) posts or as sanctioned by the Government from time to timeGeneral State Service (Group ‘B’)(Non-Gazetted) (Non-Ministerial)PB-2 ^ 9300-34800/- + Grade Pay ^ 4400/- Promotion from Draftman-II/ Trained SA with not less than 8 years regular service in the grade. 50% by Promotion 50% by Direct recruitment

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Monday 21.7.2014 Asadha 30, S.E. 1936, Issue No. 371 NOTIFICATIONNo.A.12018/61/2012-P&AR(GSW), the 14th July, 2014. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following r ules regulating the method of recruitment to the post(s) of Draft sman-II, Draftsman-III, Sectional Assistant and Tracer under Urban Development & Poverty Alleviation Department (Town & Country Planning Wing), Government of Mizoram, namely: 1.Shor t title and (1) These Rules may be ca lled the Mizor am Urban Development & Poverty commencement - Alleviation Depar tment (T&C Wing)(Group ‘C’ posts) Recruitment Rules, 2013. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application - These rules sha ll apply t o the posts specified in column 1 of Schedule annexed to these rules. 3. Number of posts, The number of the said post(s), their classification, Pay Band and classification, pay band Grade Pay/Pay Scale attached thereto shall be as specified in columns and grade pay/pay sca le - 2 to 4 of the aforesa id Schedule. 4. Method of The method of recruitment to the sa id posts, age limit, qualifica tion recr uitment, age and other matters r elating thereto shall be as specified in columns 5 limit, qualifications, etc - to 14 of the said Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be from time to time. 5. Disqualification - No person, - (a) who has entered into or contra cted a marriage wit h a person having a spouse living; or - 2 - Ex-371/2014 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other gr ounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Every Government servant recruit ed under these rules shall u ndergo such Departmental training or pass such Departmental Examination(s) as may be prescribed Examination - fr om time to time. 7. Powers to transfer - Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have power to transfer any Officer(s) so recruited under these rules to any other post or position which is equivalent in rank or grade. 8. Power to relax - Wher e the Governor is of the opinion that it is necessary or exp edient s o to do, he ma y, by or der and for reasons to be r ecor ded in writing a nd in cons ultation with the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect reservation relaxation of age limit and other concessions - other concessions required to be provided for the S cheduled Castes/the Scheduled Tribes a nd other categories of persons in a ccordance with the orders issued by the Centra l Gover nment or the Government of Mizoram from time to time in this regard. By order s, etc. Lalsangpuii, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-371/2014 SCHEDULE(See Rule 2, 3 and 4) RECRUITMENT RULES FOR THE POST OF DRAFTSMAN-II/DRAFTSMAN-III/ SECTIONAL ASSISTANT/TRACER IN THE DEPARTMENT OF URBAN DEVELOPMENT & POVERTY ALLEVIATIONName of postNo. of postClassificationPay Band and Grade Pay/Pay ScaleWhether Selection post or Non-selection post 1 2345 Selection in ca se of promotion 1. Draftsman-II 2 (two) posts or as sanctioned by the Government from time to timeGeneral State Service (Group ‘C’) (Non- Ministerial)PB-2 ^ 5200-20200/- + Grade Pay ^ 2800/- Not applicable 2. Draftsman-III 2 (two) posts or as sanctioned by the Government from time to timeGeneral State Service (Group ‘C’) (Non- Ministerial)PB-2 ^ 5200-20200/- + Grade Pay ^ 2400/- Not applicable 3. Sectional Assistant1 (one) post or as sanctioned by the Government from time to timeGeneral State Service (Group ‘C’) (Non- Ministerial)PB-2 ^ 5200-20200/- + Grade Pay 2800/- for trained 2400 for untrained Not applicable 4. Tracer2 (two) posts or as sanctioned by the Government from time to timeGeneral State Service (Group ‘C’) (Non- Ministerial)PB-2 ^ 5200-20200/- + Grade Pay ^ 2400/-Whether benefit of added years of service admissible under rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678 9 10 Not applicableBetween 18-35 years, upper age limit is relaxable by 5 years for Schedule Caste/ Schedule Tribes candidates.Not applicable Essential :1 ) HSLC with 3 (th ree) years Diploma in Civil Enginee- ring/Architecture/Town Planning fromGovernment recognized Institution 2) Working knowledge of Mizo language up to Middle School standard Desira ble :Working knowledge of Computer application.Two yearsNot applicableBetween 18-35 years, upper age limit is relaxable by 5 years for Schedule Caste/ Schedule Tribes candidates.Not applicable Essential :1) HSLC with 2 years Diploma in Draftsman (Civil) from recognized Institute or HSLC with Diploma in Computer application from recognized Institutes (NIELIT O level or equivalent) 2) Working knowledge of Mizo language up to Middle School standard Desira ble :Working knowledge of Computer application.Two years Whether benefit of added years of service admissible under rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678 9 10 Not applicableBetween 18-35 years, upper age limit is relaxable by 5 years for Schedule Caste/ Schedule Tribes candidates.Not applicableTwo yearsNot applicableBetween 18-35 years, upper age limit is relaxable by 5 years for Schedule Caste/ Schedule Tribes candidates.Not applicable Essential :1) HSLC with 2 years Diploma in Draftsman (Civil) from recognized Institute or HSLC with Diploma in Computer application from recognized Institutes (NIELIT O level or equivalent) 2) Working knowledge of Mizo language up to Middle School standard Desira ble :Working knowledge of Computer application. Two years Essential :1) HSLC with 2 years Diploma in Draftsman (Civil) from recognized Institute or HSLC with Diploma in Computer application from recognized Institutes (NIELIT O level or equivalent) 2) Working knowledge of Mizo language up to Middle School standard Desira ble :Working knowledge of Computer application.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100Method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of Posts to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314Exempted from the purview of Mizoram Public Service Commission As constituted by the Government from time to time Promotion from Draftman-III/ Tracer/SA with not less than 5 years regular service in the grade. 50% by Promotion 50% by Direct recruitmentExempted from the purview of Mizoram Public Service Commission As constituted by the Government from time to time Not applicable by Direct recruitment Exempted from the purview of Mizoram Public Service Commission As constituted by the Government from time to time Not applicable by Direct recruitment Exempted from the purview of Mizoram Public Service Commission As constituted by the Government from time to time Not applicable by Direct recruitment- 4 - Ex-371/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 22.7.2014 Asadha 31, S.E. 1936, Issue No. 372 NOTIFICATIONNo.B. 11013/9/97-FST, the 15th July, 2014.Consequent upon the expiry of the term of Mizoram Pollution Control Board constituted vide this Department Notification of even No. dt. 27.6. 2011 and in exercise of the powers conferred under s ub section (1) of section 4 of the water (P revention & Control of P ollution) Act, 1981, the Governor of Mizoram is pleased to issue an interim order allowing the exis ting Chairman and Member Secr etary, Mizoram Pollution Control Board to hold their post till a new Chairman and Member Secreta ry are appointed with immediate effect and until fur ther orders. 1.Pu R.C. Thanga, Additional PCCF (Rtd) -Chairman 2.Pu C. Lalduhawma -Member Secretary t ill fulltime Member Secretary is appointed a fter finalisation of Recruitment Rules. Lalram Thanga, Principal Secretar y to the Govt. of Mizoram, Envir onment & Forests Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 22.7.2014 Asadha 31, S.E. 1936, Issue No. 373 NOTIFICATIONNo.A.17014/23/2011-HFW/Pt, the 14th July, 2014.In P ursuance to the enact ment of the Mizoram Clinical Establishments (Regist ration & Regulation) Rules, 2014, the Governor of Mizora m is pleased to constitute the Mizoram State Council for Clinical Establishments comprising of the following members in accordance with Section-8 of the Clinical Establishments (Registr ation a nd Regulation) Act, 2010, and Section-3 of the Mizoram Clinical Establishments (Registr ation and Regulation) Rules, 2014 with immediate effect a nd until further orders. Chairman-Secretary, Health & Family Welfare Department (Ex-Officio) Vice Chairman-Principal Director, Health & Family Welfar e Department Member Secretary-Director, Hospital & Medical Education (Ex-Officio) Member-Director of Health Services (Ex-Officio) Elect ed M emb er s:- 1)Dr. Vanlalruata, Durtlang-Medical Council, Mizoram. 2)Dr. L.Ringluaia, Durtlang-Indian Medical Association, Mizoram Br anch 3)Pu Lalsawma Pachuau-Mizoram Phar macy Council Jt. Director, F&DA, H&FW 4)Pi Thandingliani,-Mizoram Nursing Council Dy. Director(N) DHME Nominated Members:- 1)Pu Lalbiakzuala-President, CYMA 2)Pu T hangmura, Zion St reet, Aizawl-President, Mizoram Consumer Union 3)Pu H.Thanhlira-President, Mizoram Healt h Technical Staff Union -The elected members of the State Council s hall hold office for a term of three years, but shall be eligible for re-election. -The nominated member of t he State Council shall hold office for a term of three years, but shall be eligible for r e-nomina tion. - 2 - Ex-373/2014 POWER AND FUNCTION The State Council shall perform the following functions, namely - a)Compiling a nd updating of the Sta te Registers of Clinical Esta blishments. b)Sending monthly returns for upda ting the National Register (including in t he digital for mat) c)Repr esenting the Sta te in the National Council. d)Hear ing of a ppeals a gainst the orders of the author ity. e)Publication on annual basis a report on the state of Implementation of Standards with their respective states. f)Monitor the implementation of the provisions of the Act and R ules in the St ate. g)Recommend to the Government, any modifications r equired in the rules in accordance with cha nges in t he technology or social conditions. h)Perform any other function as may be outlined by the National Council of Clinical Esta blishments, i)Any other function as may be prescribed by the Central Government. L. Tochhong, Chief Secretary to the Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 22.7.2014 Asadha 31, S.E. 1936, Issue No. 374 NOTIFICATIONNo.H. 12018/118/2003-LJD, the 17th July, 2014. The following Act is hereby published for general information. The Mizoram Board of School Educa tion (Amendment) Act, 2014 (Act No. 3 of 2014) {Received the assent of the Governor of Mizora m on the 11th July, 2014} Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. ACT 3OF 2014 THE MIZORAM BOARD OF SCHOOL EDUCATION (AMENDMENT) ACT, 2014 AN ACT to a mend the Mizor am Boar d of S chool Education Act, 1975 It isenacted by the Legislative Assembly of Mizoram in the s ixty fifth yea r of the Republic of India as follows : Short title, Extent1(1) This Act may be called the Mizoram Board of School Education and Commencement(Amendment) Act, 2014. (2) It shall extent to the whole of the State of Mizoram. (3) It shall come into force on such date as the Government may, by Notification in the Official Gazette, appoint. Amendment of2In the Mizoram Boa rd of S chool Education Act, 1975 (Act No. 2 of Section 11976) as amended fr om time to time (hereinafter referred to as the Principal Act), in sub-section 1, - 2 - Ex-374/2014 (1) Section (2) along with the provison shall be substituted by the following, namely :- “(2) It extends to the whole of the State of Mizoram. Pr ovided that the provisions of this Act relating to the education in the secondary and higher seconda ry stages shall not be applicable to any institution which affiliates itself t o the Council for the Indian School Certificate Exa mination or the Centr al Board of Secondary Education so permitted under section 11 of this Act.” (2) Sub-section (4) of section 1 along with the proviso shall be deleted. Amendment of3Section 2 of the Principal Act shall be substituted by the following, namely - Section 2“2. In t his Act , unles s the context other wis e requires, (a) “Affiliated” means affiliated by the Board for the admission of privilege of the Board. (b) “Affiliation” means affiliation of schools by the Board; (c ) “Boa rd” means the Mizoram Board of School Edu cation established under this Act; (d) “Central Rules” means the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the Central Civil Services(Conduct) Rules, 1972, the Central Civil Services (Temporary Service) Rules, 1965 and the Fundamental Rules of the Subsidiary Rules and such other Rules of the Central and the State Government, as ma y be applicable to the employees of the Government of Mizoram; ( e) “Centre Superintendent” means a person appoint ed by the Boar d to conduct and supervise examinations of the Board and includes Assistant Superintendent; (f) “Cha irman” means the Chairman of the Board; (g) “Committee or sub-committee” means any Committee or Sub- committee constituted under this Act or in accordance with any r ules, regulations or bye-laws made thereunder; (h) “Controller of Exa minations” means an officer so designated under the Board; (i) “Controlling Authority” means any authority designated as the Controlling Author ity of the Boa rd by the Government under sub- section(2) of section 3; (j) “Director (Academic)” means an officer so designated under the Boa rd; (k) “Director of S chool Education” means the Director of School Education a nd shall include any other officer a uthorized by him to perform all or any of the functions of the Director; (1) “District Council” means an Autonomous District Council established by law within Mizoram; (m) “Education Department” means the School Education Department of the Government; (n) “Employee” means an employee working under the Board; (o) “Exa mination” means an examination conducted by the Board; (p) “Funds” means the Mizoram Board of School Education funds cons tituted under this Act; (q) “Government” means the Sta te Government of Mizoram. (r ) “High School” means a school where general education is impa rted to the students of Classes IX and X and prepares students for Matr iculation or High School Leaving C ertificate Exa mination of the Board held at t he end of Class X; (s) “Higher Secondary School” means a school where genera l, professional or vocational education is imparted to the students of Class XI and XII and prepares students, for Higher Secondary School Leaving Certifica te Examination of the Boa rd held at the end of Class XII; (t) “Ins titution” means any High School or Higher Secondary School and it shall include the District Institute of Education and Training in the State of Mizoram; (u) “Invigilator ” means a person who assists the Centre Superintendent in conducting and supervising the examination at an examina tion Centre; (v) “Managing Committee” means a duly constituted Managing Committee a nd recognized by the Board or Government; ( w) “Not ification” means a notification published in the Official Gazette of Mizoram; (x) “Prescribed” means prescr ibed by rules or regulations made under this Act; (y) “Professiona l or Vocational School” means a school or an institution impa rting technical or trade or cr aft education and vocational educa tion; (z) “Regulations” means regulations made by the Board under this Act; (za) “Rules” means rules made under section 30 of this Act; (zb) “School Education” means education impar ted to the students in the High Schools and Higher Secondary Schools in the State of Mizoram; (zc) “Secretary” means the Secr etary of the Board; (zd) “State” means the State of Mizoram; (ze) “University” means the Mizoram University.” Amendment of4Section 4 of the Principal Act shall be substituted by the following, namely :- Section 4“4.( 1) The Board shall consists of the following members na mely (a) The ChairmanChairman (b) The SecretaryMember Secretary (c ) The Director of Higher and TechnicalEx-officio Member Education (d) The Director of School Educa tionEx-officio Member ( e) The Director of S CERTEx-officio Member (f) The Director of Spor ts & Youth Services Ex-officio Member (g) One Principal of a Govt.College to beEx-officio Member nominated by the Controlling Authority (h) The Principal, Ins titute of AdvancedEx-officio Member Studies in Education (i) One of the Principa ls of the DistrictEx-officio Member Institute of Educa tion & Training in Mizoram to be nominated by the Director of S CERT (j) One of the District Education Officer s in Ex-officio Member the State to be nominated by the Director of School Education- 3 -Ex-374/2014 (k) Registrar, Mizoram UniversityEx-officio Member (1) Members to be nominated by the Controlling Author ity: (i)One member of the Mizoram Legislative Assembly on the recommendation of the Speaker of the Legislative Assembly; (ii) One Principal of Higher Secondary School; (iii) One Headma ster of High School; and (iv) One lady educationist. (2) The Director (Academic) and the Controller of Examinations shall be entitled to attend and speak at any meeting of the Board but shall not be entitled to vote there at. (3) The Board shall ha ve power to co-opt not more than two from amongst the distinguished or eminent educationists. (4) The Board a s constituted in sub-section (1), except the co-opted members in sub-section (3), shall function as Governing Body of the Board. (5) If by such date as may be prescribed, any of the concerned authorities fail to nominate member or members as provided in su b-section (1), the Chairman sha ll have power to appoint such member or members: Provided tha t in the case of the Legislative Assembly, if the said Assembly has been dissolved, the Controlling Authority shall appoint a suitable person to b e a member to hold office until the said Assembly is reconstituted and regular representa tive is recommended and a person appointed under this sub-section shall be deemed to be a member of the Board. Amendment of5.In section 9 of the Principal Act, sub-section (l)(i) shall be substituted by Section 9the following, namely - “(l)(i) T he Board shall meet at least once a year and may be convened to meet more than once in the year. Amendment of6.Section 11 of the Principal Act shall be substituted by the following, namely - Section 11“11. The Board shall have, subject to any general or special order of the Government, the pr ovision of this Act and any r ules ma de thereunder, the power to regulate, supervise and control school education in Mizoram, and in particular the Board shall have the following powers and duties namely - (i) to prescribe courses of instruction including practice teaching, practical work and the like, where necessary, for High Schools, Higher Secondary Schools, the District Institutes of Education and Training and Professional and Vocational Schools; (ii) to conduct and supervise examina tions based on such cour ses mentioned in (i) above and to conduct and supervise such other examinations as may be decided by the Boar d from time to t ime; (iii) to admit to its exa mination on conditions that may be pr escribed by regulations, candidates, who have pursued the pr escribed courses of instruction whether at a school or privately, who may be eligible as per regulations, framed under this Act and also to take such disciplinary action against candidates a s may be prescr ibed by regulations; (iv) to r egister students and issue them Registration Cards on payment to t he Board of such fees a s may be prescribed; (v) to demand and receive such fees as may be prescribed by regulations; (vi) to publish the results of its examinations;- 4 - Ex-374/2014 (vii) to grant certifica tes to person who: (a ) have pursued and pa ssed a course of study in an institution admitted to the privilege of affiliation b y the Board; OR (b) are teacher in affiliated schools in Mizoram and have pa ssed the examina tions of the Board OR (c ) have studied privately under conditions laid down by the Board and have passed the examina tions of the Board; (viii) to institute and a ward scholarships, pr izes and the like; (ix) to prescribe, prepare, publish and select text books and supplementary books or to cause to prepa re or publish selected text books for any or a ll of its prescribed courses for its various examination; (x) to lay down conditions for affiliation of schools which a re prepa ring ca ndidates for various school cou rses and such other courses including Distr ict Ins tit ute of Education and Tra ining as may be prescribed by regulations; (xi) to a ffiliate High Schools , Higher Secondary Schools, a nd District Institute of Education and Training in Mizoram and to withdraw such affiliation on grounds cons idered r easona ble by the Boar d subject to the provision of the regula tions made under this Act; (xii) to issue permission, in t he form of a no-objection certificate, to any educational institutions, in Mizoram, desirous of seeking affiliation to any other Board or Council other than Mizoram Board of School Education; (xiii) to take such discip linary action as it thinks fit against institutions as prescribed by regulations; (xiv) to a dopt measures for study and examinations of problems in the field of school education a nd teacher ’s tr aining a nd professional and vocational schools; (xv) to advise government on physical, moral and social welfare of students in affiliated institutions and to prescribe conditions for their residence and discipline; (xvi) to organize semina rs, tra inings, workshops and provide in-service teacher training cour ses; (xvii) to r eceive grants from the Gover nment a nd dona tions from private individuals and other Non-G overnment or Semi-Government Bodies or Central G overnment for specific or gener al purposes; (xviii) to seek for r eport from the Director of S chool Education on t he conditions of affiliated institutions or other institutions a pplying for affiliation; (xix) to a dvise Government on r e-organisation and development of school education, pre-service and in-service teacher tra ining courses under the District Institutes of Education and Training and Professiona l or Vocational School courses; (xx) to advise the Government relating to any matter within the provisions of this Act on which the Government may consult the Board; (xxi) to appoint officer s a nd other employees of the Boa rd except the Chairman and the Secretar y who shall be appointed by the- 5 -Ex-374/2014 Government and prescribe, by regulations, the terms and conditions of their service; (xxii) to take such disciplinary actions as it thinks fit against the officers and employees of the Board a s may be prescribed; (xxiii) to enter into agreement with any financial institution or any scheduled bank to enable its officers and employees enjoy the facility of house building and other advances. (xxiv) to institute by regulations for the benefits of its officers and other employees such as pension, gratuity and provident fund as it may deem fit, in such manner, and subject to such conditions, as ma y be prescribed by regulations; (xxv) to delegate all or any of its powers to any Committee or Sub- Committee constituted under this Act, and to any of it s officers; (xxvi) to administer the fu nds; (xxvii)to cause an inspection, to be made by such person or persons as the Board may nominate, of non-affiliated institutions applying for affiliation as also of any of its affiliated institutions if and as considered necessary; (xxviii) to invest surplus funds of the Board in Government securities or Defence Bonds or in fixed deposit s in approved Scheduled Banks or Reserve Bank; (xxix) to receive, purcha se and hold any property moveable or immoveable which may become vested in it, and to dispose of all or any of the property, moveable or immoveable belonging to it, and also do all other acts incidental or appertaining thereto; (xxx) to do all such act s and things a s may be necessary in order to fur ther the objects of the Board as a body established to regulate, supervise and maintain the standard of school education, professional or voca tional schools and District Ins titutes of Education a nd Training; (xxxi) to issue order to a ll heads of its affilia ted institutions and demand compliance thereof to render such cooperation and help as may be asked for by a Centre Superintendent in conducting Board’s Examinations. (xxxii)to cause an assessment of insitutions and to give accreditation accordingly, (xxxiii) to set up or close Regional Office or offices and delegate by regulations functions and powers to such office or offices for better and easier conduct of the Board’s work within the region covered by it”. Amendment of7The first pr oviso to sub-section (1) of section 15 of the Principal Act shall Section 15be substituted by the following, namely - “Provided that the person to be appointed as Chairman shall be atleast a Master Degree holder from a recognised University and must have at least twenty years of experience in the field of education out of which at least 5 year s shall be in educational administra tion or the Boa rd”. Amendment of8Sub-section (1) of section 17 along with proviso of the Princip al Act shall Section 17be substituted by the following, namely - “17.(1) The Secretary shall be a whole-time officer appointed by the Government on such terms and conditions as may be p rescribed by regulations”.- 6 - Ex-374/2014 Amendment of9In section 21 of the Principal Act, sub-section (1) shall be substituted by Section 21the following, namely - “21. (1) As soon as may be after the Boar d is established it shall appoint the following committees, namely:- (i) the Examination Committee; (ii) the Finance Commit tee; (iii) the Sylla bus Commit tee; (iv) the Affiliation Committee; (v) such other Committ ees or Sub-committees as it may deem neces sary for the proper execution of its business”. Amendment of10In section 22 of the Principal Act, sub-section (2) and (3) shall be substituted Section 22by the following, namely - “22. (2) In particular, and without prejudice to the generality of the foregoing powers, the Boar d may make regulations for a ll or any of the matter, na mely :- (i) la ying down the procedure to be observed for the conduct of its meetings and to fix the number of the members required to form a quor um in meetings of its committees; (ii) the conduct of examination including the appointment of paper-setters, moderators, coders, examiners, scrutinizers, tabulators, centre- superintendents, invigilators and their duties, powers and remunera tions; (iii) the conditions under which candidates shall be admitted to the examinations of the Board; (a) the conditions under which the students sha ll be r egistered by the Board; (iv) the conditions under which the Boa rd may affilia te institutions for the purposes of its examinations; (v) the courses of study to be followed in the higher secondary schools and high schools a nd the courses of study for other examinations that may be conducted by the Board; (vi) the conditions for the award of the certificates and diplomas of the Board; (vii) the institution of scholarship and prizes; (viii) the selection or co-option of member of the Board and its committees; (ix) the constitution, powers and duties of committees set up by the Board; (x) the creation of posts and appointment of employees of the Board and the conditions of their services; (xi) the provision of pr ovident fund and other retirement benefits for the employees of the Board; and (xii) all matters which, by this Act, are to be, or may be, provided for by regulations; provided that the regulations made by the Board or any amendments thereto sha ll not take effect untill have received the appr oval of the Government. (3) The Board a nd its committees may make bye-laws, consistent with Act, and rules and regula tions made thereunder for the following purposes, namely: - (i)laying down the procedure to be observed at their meetings; (ii) providing for all other ma tters solely concerning the Board and its committees a nd not provided for by this Act, and r ules and regulations made thereunder;- 7 -Ex-374/2014 (iii) laying down conditions and guidelines followed in the conduct of public examination” Repeal of clause (iv)12In section 30 of t he Principal Act, clause (iv) of sub-section (2) s hall of sub-section (2) ofbe delet ed. Section 30 Secretary, Law & Judicia l Department, Govt. of Mizoram. - 8 - Ex-374/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 22.7.2014 Asadha 31, S.E. 1936, Issue No. 375 NOTIFICATIONNo.H. 12018/100/2001-LJD, the 17th July, 2014. The following Act is hereby published for general information. The Mizoram (Land Survey and Settlement Operation)(Amendment) Act, 2014 (Act No. 4 of 2014) {Received the assent of the Governor of Mizoram on the 11th July, 2014}. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. - 2 - Ex-375/2014 THE MIZORAM (LAND REVENUE AND SETTLEMENT OPERATION) (AMENDMENT) ACT, 2014. AN ACT to a mend the Mizora m (Land Revenue and Settlement Operation) Act , 2003 (Act No. 4 of 2003) (her ein referred to as t he Principal Act) It is enact ed by the Legislative Assembly of the State of Mizoram in the sixty-fifth year of Repu blic of India as follows, namely :- 1.Shor t title, extent and(1) This Act may be called the Mizoram (Land Survey and Settlement commencementOpera tion) (Amendment) Act, 2014. (2) It shall ha ve the like ext ent as the Principal Act. (3) It shall come into force from the date of Publication in the Official Gazette of Mizoram. 2.Deletion of Chapter IVChapter IV of the Principa l Act consisting of section 2 5-35 stand deleted. 3.Amendment of Chapter VI(1) Chapter VI of the P rincipa l Act shall become Cha pter IV and sections 36-44 shall be renumbered as section 25, 26, 27, 28, 29, 30, 31, 32 and 33. Secretary, Law & Judicia l Department, Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 22.7.2014 Asadha 31, S.E. 1936, Issue No. 376 NOTIFICATION No. H. 12018/234/2014-LJD, the 17th J uly, 2014. T he following Act is hereby published for genera l information. The Mizoram Scheduled Tribes and Scheduled Castes (Regulation of Issuance and Verification of ) Community Certificates Act, 2014 (Act No. 5 of 2014) {Received the assent of t he Gover nor of Mizoram on the 11th July, 2014}. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. - 2 - Ex-376/2014 ACT No. 5 of 2014 THE MIZORAM SCHEDULED TRIBES AND SCHEDULED CASTES (REGULATION OF ISSUANCE AND VERIFICATION OF) COMMUNITY CERTIFICATES ACT, 2014 AN ACT To provide for the regulation of issuance and verification of the Community Certificates to the persons belonging to the Scheduled Tribes and Scheduled Castes in the State of Mizoram. Whereas it is considered necessary to devise and provide for the regulation of t he issua nce and verification of the Community Certificates to the persons belonging to the Scheduled Tribes a nd Scheduled Castes in the State of Mizoram; And Whereas in order to cur b effectively the evil practices of s ecuring such certificates by p ersons other than those belonging to the Scheduled Tribes and Scheduled Castes for claiming the benefits of reserva tion and such other benefits meant for the Scheduled Tribes and the Scheduled Castes and to make provisions for prescribing punishment therefore and to provide for matters connected therewith or incidental thereto; It is enact ed by t he State Legislature in the Sixty fifth yea r of the Republic of India a s follows:- 1 . Short title, extent and commencement. (1) This Act ma y be ca lled the Mizora m Scheduled Tr ibes and Scheduled Castes (Regulation of Issuance and Verification of) Community Certificates Act, 2014. (2) It extends to the whole of the State of Mizoram. (3) It shall come into force on such date, as the Sta te Government may, by notification in the Official Gazette, appoint. 2 . Definitions.-In this Act, unless the context otherwise requires, (a) “Community Certificate” means the Certificate issued by the Competent Authority to the person indicating t herein the Scheduled Tribes or Scheduled Castes, as the case may be, to which the per son belongs; (b) “Competent Authorit y” means a ny officer or a uthorit y author ized b y the Government by notification to perform the functions of the competent authority under this Act, for such an area or for such purposes as may be specified in the notification; (c ) “Educationa l Institution” means any School, College, University, other educational instit utes and any other institution imparting education a s may be notified by the Government from time to t ime; (d) “Government” means the Government of Mizoram ( e) “Local Authority” means in relation to local areas comprised within the jurisdiction of the concerned Municipal Council, Local Council/Village Council having jurisdiction over such local areas; (f) “prescribed” means prescribed by rules made by the Government under this Act; (g) “Scheduled Tribes a nd Scheduled Castes” shall have the meanings respectively assigned to them in cla use (24) and clause (25) of Article 366 of the Cons titution of India; (h) “Scr utiny Committee” means the Sta te Scrutiny Committee constituted under sub-s ection(i) of Section 6 under this act for the Scheduled Tribes and Scheduled Castes for verifica tion of the Community Certifica te and to perform the function of the Scrutiny Commit tee under this Act; 3 . Application for a Community Certificate,- (1) Any person belonging to a ny of the Scheduled Tribes or Scheduled Castes sha ll in order to claim the benefit of any reser vation provided to such Tribes and Ca stes either for any public appointment or for admission into any educational ins titution in the State or outside the state for the students of the Sta te or a ny other benefit under any special provisions made under Clause(4) of Article 15 of the Constit ution of India or for the purpose of contesting for elective post in any local authority or for elective pos ts in t he Co-op erative Societies; or for purchase or transfer of land from a tribal land holder or any other pur poses s pecified by the Government fr om t ime t o t ime, a p p ly in s u ch for m a nd in s u ch ma nner a s ma y b e p r es cr ib ed t o t he C omp et ent Authority for the issue of a Community C ertificate. (2) Any person belonging t o a Scheduled Tribe may, for the purpose of claiming any benefit or protection meant for Scheduled Tribes under any notifica tion, direction or regulation made under the Sixth Schedule to the Constit ution of India , or under any Act, Rule, Regulation or Order for the time being in force in the Scheduled Areas, make an application in such form and in s uch manner as may be prescribed, to the Competent Authority for the issue of Community Certificate. Explanation:- For the pu rposes of this section, ‘Scheduled Areas’ means the areas as defined in p aragraph 6 to t he Fifth Schedule to the Constitution of India. 4 . Community Certificate to be issued by Competent Authority,- (1) The Competent Authority may, on an applica tion ma de to it under section 3, after satisfying its elf about the genu ineness or ot her wise of the cla im made t her ein a nd therea fter issu e a Community Certificate wit hin such period and in such form as may be prescr ibed or reject the application in writing. (2) Before the issue or rejec tion of a cert ificate under s ub-sect ion (1) the C ompetent Authority shall follow such procedure as may be prescribed. (3) The Communit y Certificate issued by the Competent Authority shall be va lid only subject to the verification and gra nt of validity Certificate by the Scrutiny Committee. (4) A community Certificate issued by any other person, officer or authority other than the Competent Authority under this Act shall be invalid. 5 . Appeal,- (1) Any person aggrieved by an order of rejection of an application passed by the Competent Authority under sub-section (1) of section 4 may wit hin thirty days from the date of receipt of order, a ppeal to the Appellate Author ity specified by the Government by notifica tion in the Official Gazette. (2) The Appellate Authority may within a period of three months, aft er giving the appellant an opportunity of being heard and aft er satisfying itself about t he genuineness or otherwise of the claim of the appellant either confirms the rejection or set aside the order of the Competent Authority a nd dir ect the Competent Authority t o issue the Community Certificate.- 3 -Ex-376/2014 6 . Constitution of Scrutiny Committee and its powers,- (1) The State Government shall constitute by notification in the Official Gazette, State Scrutiny Committee for verification of community certificate issued by the Competent Authority under sub-section (1) of section 4. (2) The Committee shall consist of the following Members :- a)the Joint S ecretary, Home Department, Government of Mizoram::Chairman b)the Director, Social Welfare Department, Government of Mizor am or any other officer not below the r ank of Deputy Director duly author ized by him::Member c)the Director, Art & Culture Department, Government of Mizor am or any other officer not below the r ank of Deputy Director duly author ized by him::Member d)the Director, Economics & Statistics Department, Government of Mizor am or any other officer not below the r ank of Deputy Director duly author ized by him::Member (3) Subject to a ny general or special order of the St ate Government, provisions of this Act and rules made thereunder, the Committee shall have powers- (a ) to verify s ocial status of a person in whose favour a certificate is issued under section 4; (b) to make an inquiry in connection with the contr avention of any provisions of this act; (c ) to issue notice to any person or authority in such manner as may be prescribed; (d) to call for information from any person or authority for the purpose of s atisfying it self whether there has been any contravention of any pr ovision of this Act or any rule or order made or direction issued thereunder; ( e) to r equire any person or a uthorit y to pr oduce or deliver any document or thing useful or relevant to the inquiry; (f) to examine any person acquainted with t he fact s and circumstances of the case; (g) to validate the Community Certificates is sued by the Competent Authority after due ver ification of the genuineness of the C ertific ate. (h) to scrutinize complaints r elating to availing of benefits on the basis of false Community Certificate and the matters connected therewith. (i)to summon and enforce attendance of any person from any part of the State and examining him/her on oath. (j)to issue commissions for the exa mination of witnesses or documents; and (k) to r equisit ion any public record or copy thereof from any court or office. (4) The Committee shall meet at such place and time, and the meeting shall be condu cted in such manner, as may be prescribed. (5) All order or direction of the Committee shall be authenticated by the Chairman or by such officer of t he Committee as may be authorized by the Chair man on this behalf. 7 . Cancellation and confiscation of false Certificate,- (1) Wher e, befor e or after the commencement of this Act, a person not belonging t o any of the Scheduled Tribes a nd Scheduled Ca stes ha s obtained a false Community Certificate to the effect that either himself or his children belongs to such Tribes or Castes, the Scrutiny Committee- 4 - Ex-376/2014 may, suo motu or on a writ ten complaint by any person, call for the r ecord a nd enquire into the cor rectness of such certificate and if it is of t he opinion that the Certifica te was obtained fraudulently, it shall, by an order cancel and confiscate the certifica te after giving the person concerned an opportunity of being heard, and communicate the sa me to t he concerned person and the concerned authority, if any. This includes confiscation of immoveable properties fraudulently obtained by t he defa ulting person on ground of fa lse cer tificate or impersonation. (2) The order passed by the S crutiny Commit tee under this Act sha ll be final and binding upon the parties. 8 . Burden of proof,- Where an application is made to the Competent Authorit y under section 3 for the issue of a community certificate in resp ect of Scheduled Castes or Scheduled Tribes or in any enquiry conducted by the Competent Authority under this Act or any other Authority empowered to cancel the community certificate or any trial of offence under this Act, the burden of proving that the person belongs to such Castes or Tribes shall be on the applicant/claimant. 9. Powers of the Civil Court to Competent authority, Appellate Authority and Scrutiny Committee,- The Competent Authority, Appellate Authority and Scrutiny Committee shall, while holding an enquiry under this Act, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 and in pa rticula r in respect of the following matters, namely:- (a ) summoning a nd enforcing the attendance of any person a nd examining him on oath; (b) requiring the discovery and product ion of a ny document; (c ) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any Court or Office; and ( e) issuing commissions for the examination of witnesses or documents. 1 0 . Benefits secured on the basis of false community certificate to be withdrawn,- (1) Whoever, not being a person belonging to any of the Scheduled Tribes or Scheduled Ca stes secures admission in any educational institution against a seat reserved for such Tribes or Castes or secures any appointment in the Government, local authority or in any other Company or Corporation, owned or controlled by the Government or in any Government aided institution or Co-opera tive Society against a post r eserved for such Tribes or Castes by producing a false communit y certifica te shall, on ca ncellation of the Community Certificate by the Scrutiny Committee, be liable to be debarr ed from the concerned educational institution, or as the case may be, discharged from the said employment forthwith and any other benefits enjoyed or derived by virtue of such admission or a ppointment by such person as aforesaid shall be withdrawn forthwith. (2) Any amount paid to such person by the Government or any other agency by way of scholarship, grant, allowance or other financial benefit sha ll be r ecovered from such person as an arr ears of land revenue. (3) Notwithstanding anything contained in any Act for the time being in force, any Degree, Diploma or any other educational qualification acquired by such person after securing admission in a ny educational institution on the basis of a Community Certificate which is subsequently proved to be false shall also st and cancelled, on cancellation of such Community Certificate, by the Scrutiny Committee.- 5 -Ex-376/2014 (4) Notwithstanding anything contained in any law for the time being in force, a person shall be disqualified for being a member of any statutory body if he has contest ed the election for loca l authority, Co-operative Society or any Statutory body on the seat reserved for any of Scheduled Tr ibes or Scheduled Castes by producing false Community certificate as belonging to such Tribes or Castes on such false Communit y Certificate being cancelled by t he Scrutiny Community, a nd any benefits obtained by such person shall be recoverable as arr ears of land revenue and the election of such person shall be deemed to have been terminated retrospectively. 11. Offences and penalties,- (1) Whoever - (a ) obta ins a false Community Certificate by furnishing false information or filing false statement or documents or by any other fraudulent means; or (b) not being a person belonging to a ny of t he Scheduled Tribes or Scheduled Castes secures any benefits or appointment exclusively reserved for such Tribes or Castes in the Government, local a uthority or any other company or corporation owned or controlled by t he Government or in a ny Government aided institution, or secures admission in any educational institution aga inst a seat exclusively reserved for such Tribes or Castes or is elected to any of the elective offices of a ny local authority or Co-operative Society against the office, reser ved for such tribes or castes by pr oducing a false Community Certificate; shall, on conviction, be punished, with r igorous - imprisonment for a term which shall not be less tha n six months but which may extend upto two years or with fine which shall not be less than two thousand rupees, but which may extend upto twenty thousand rupees or both. (2) No court shall take cognizance of an offence punishable under this section except upon a complaint, in writing, ma de by the Scrutiny Committee or by a ny other officer duly author ized by the Scrutiny Committee for this purpose. 1 2 . Offences to be cognizable and non-bailable,- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 - (a ) Offences punishable under this Act, shall be cognizable and non-baila ble; (b) ever y offence punishable under t his Act , shall be tried summarily by any M agistra te of F irst Class and p rovisions of sections 262 except sub-section(2) to 265 both inclu sive of this Code, shall as far as possible may be applied to such tr ial. 13 . Penalty for issuing false Community Certificate,- (1) Any person or authority performing the functions of Competent Authority under this Act, who intentionally issues a false Community Certificate, shall on conviction, be punished with rigorous impr isonment for a term which shall not be less than six months but which may extend upto two years or with fine which shall not be less than two thousand rupees, but which may extend upto twenty thousa nd rupees or both. (2) No court sha ll take cognizance of an offence punishable under this section except with the previous sa nction of the Government. 1 4 . Penalty for abetment,- Whoever abets any offence punishable under this Act shall be punished with the punishment provided for in this Act for such offence.- 6 - Ex-376/2014 1 5 . Bar of jurisdiction of Civil Courts,- No Civil Court shall have jurisdiction in respect of any order passed by any officer or authority under this Act and no sta y or injunction shall be gra nted by a court in respect of any action taken or to be taken by such officer or a uthority under this Act in pur suance of any power conferred by or under this Act. 16 . Protection for acts done in good faith,- No suit, pr osecution or other legal proceedings shall lie against any person for anything which is done in good fait h or intended to be done in pursuance of this Act or the rules made thereunder. 17 . Act to overwrite other laws,- The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith cont ained in any other law for the time being in force. 18 . Power to make rules,- (1) The State Government may, make rules for carrying out the provisions of this Act. (2) Every rule made under this Act shall be laid, a soon as may be after it is made, before the Legislative Assembly. 19. Transitional Provision,- A Community Certificate issued by any authority competent to issue the same under the relevant rules or or ders/guidelines before the commencement of this Act shall, unless it is cancelled under the provision of this Act, be valid and sha ll be deemed to have been issued under the provisions of this Act. 20 . Power to remove difficulties,- If a ny difficulty arises in giving effect to the provisions of this Act, the Government, ma y by or der, published in the Official Gazette, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no s uch order shall be made after the expiry of a period of two years from the commencement of this Act. Secretary, Law & Judicia l Department, Govt. of Mizoram. - 7 -Ex-376/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 22.7.2014 Asadha 31, S.E. 1936, Issue No. 377 NOTIFICATIONNo.H. 12018/71/96-LJD, the 17th July, 2014.The following Act is hereby published for general information. The Mizoram Motor Vehicles Taxation (Amendment) Act, 2014 (Act No. 6 of 2014) {Received the assent of the Governor of Mizoram on the 11th July, 2014}. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. - 2 - Ex-377/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200 THE MIZORAM MOTOR VEHICLES (TAXATION) (AMENDMENT) ACT, 2014 AN ACT Further to amend the Mizoram Motor Vehicles (Taxa tion) Act, 1996 (Act No. 5 of 1996) (hereinafter referred to as the Principal Act). It is enact ed by the Legislative Assembly of the State of Mizor am in t he Sixty-Fifth year of the Republic of India as follows, namely :- 1.Shor t title, extent and(1) This Act may be called the Mizoram Motor Vehicles (Taxation) commencement :(Amendment) Act, 2014. (2) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint. 2.Insertion of new wordsAfter the words “Government of India” the following wor ds shall be in section 9(2)inserted, namely :- “or vehicles belonging to the Autonomous District Councils in Mizoram”. Secretary, Law & Judicia l Department, Govt. of Mizoram.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 22.7.2014 Asadha 31, S.E. 1936, Issue No. 378 NOTIFICATIONNo.H. 12018/83/2013-LJD, the 17th July, 2014. The following Act is hereby published for general information. The Mizoram Appropriation (2nd Vote on Account) Act, 2014 (Act No. 7 of 2014) {Received the assent of the Governor of Mizoram on the 11th July, 2014}. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. - 2 - Ex-378/2014 ACT No. 7 of 2014 THE MIZORAM APPR OPRIATION (2nd VOTE ON ACCOUNT ) ACT, 2014 AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services for another four months of the Financial Year, 2014-2 015 i.e August to November, 2014. It is enact ed by the Legislative Assembly of Mizoram in the Sixty-Fifth year of the Republic of India as follows :- Short Title1. (1) This Act may be called the Mizoram Appropr iation (2nd Vote on Account) Act, 2014. Issue of ^ 23778883000/-2.From and out of the Consolidated Fund of the State of Mizoram, out of the Consolidated Fundthere may be paid and applied the sums not exceeding those as of the Sta te of Mizoram forspecified in column (5) of the Schedule to this Act, amounting, in four months of the Financialthe aggregate, to the sum ofRupees two thousand three hundred Year, 2014-2015 i.e August seventy seven crore eighty eight lakh eighty thr ee thousand only to November, 2014.for defr aying the sever al charges which will come in course of payment for four months of the Financial Year, 2014-2015 i.e August to November, 2014 in respect of the services specified in column (2) of the Schedule Appropriation3.The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of Mizor am by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said per iod. THE SCHEDULE (See sections 2 and 3)De- mand No.SERVICES AND PURPOSESVoted by Legislative AssemblyCharged on the Consoli- datedTotal SUMS NOT EXCEEDING Rs. Rs. Rs. 1Legislative AssemblyRevenue630.6029.07659.67 Capital30.0030.00 2GovernorRevenue3.53163.05166.58 3Council of MinistersRevenue206.41206.41 4Law & JudicialRevenue602.72185.58788.30 Capital61.6761.67 5VigilanceRevenue162.78162.78 6Land Revenue & ReformsRevenue713.08713.08 7Excise & NarcoticsRevenue846.45846.45 8TaxationRevenue411.10411.10 9FinanceRevenue15634.1915634.19 Capital825.00825.00 10 Mizoram Public Service Commsn.Revenue164.20164.20 11 Secretariat Administr ationRevenue2932.002932.00 12 Parliamentary AffairsRevenue17.8117.81 13 Personnel & Admn. ReformsRevenue86.1086.10 14 Planning & P rog. Implementa tionRevenue15739.2215739.22 15 General Admn. DepartmentRevenue2013.302013.30 16 HomeRevenue17807.7617807.76 Capital822.67822.67 17 Food, Civil Supplies & Con. AffairsRevenue2416.602416.60 Capital5942.235942.23 18 Printing & StationeryRevenue459.25459.25 19 Local AdministrationRevenue2493.622493.62 20 School Educa tionRevenue30052.3830052.38 21 Higher & Technica l Educa tionRevenue3990.883990.88 22 Spor ts & Youth ServicesRevenue651.47651.47 23 Art & CultureRevenue398.62398.62 24 Medical & Public Health ServicesRevenue7019.177019.17 Capital250.00250.00 25 Water Supply & SanitationRevenue4157.504157.50 Capital1513.331513.33 26 Information & Public RelationsRevenue416.57416.57 27 District CouncilsRevenue7530.337530.33 28 Labour & EmploymentRevenue297.67297.67 29 Social WelfareRevenue5162.895162.89 30 Disa ster Ma nagement & Rehab.Revenue448.47448.47 12345- 3 -Ex-378/2014 ^ in la kh De- mand No.SERVICES AND PURPOSESVoted by Legislative AssemblyCharged on the Consoli- datedTotal SUMS NOT EXCEEDING1234531 AgricultureRevenue19144.2219144.22 32 HorticultureRevenue949.33949.33 Capital7.677.67 33 Soil & Water Conserva tionRevenue589.56589.56 34 Animal Husba ndryRevenue1522.361522.36 35 FisheriesRevenue254.62254.62 36 Environment & For estsRevenue3405.083405.08 37 Co-operationRevenue578.47578.47 Capital212.67212.67 38 Rural DevelopmentRevenue7981.257981.25 Capital1344.001344.00 39 PowerRevenue9843.089843.08 40 IndustriesRevenue1567.331567.33 41 SericultureRevenue484.13484.13 42 Tra nspor tRevenue1536.821536.82 Capital16.7016.70 43 TourismRevenue212.85212.85 44 Tra de & CommerceRevenue166.91166.91 Capital158.33158.33 45 Public WorksRevenue5842.855842.85 Capital17496.0017496.00 46 Urba n Dev. & Poverty Allevia tionRevenue2038.192038.19 Capital5921.895921.89 47 Minor IrrigationRevenue1255.461255.46 Capital2366.672366.67 48 Info. & Com. TechnologyRevenue291.33291.33 49 Public DebtRevenue10489.7710489.77 Capital8822.028822.02 GRAND TOTAL217935.14 19853.69 237788.83Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200- 4 - Ex-378/2014 S e c re t a ry, Law & Judicial Department, Govt. of Mizoram.^ in la kh

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 22.7.2014 Asadha 31, S.E. 1936, Issue No. 379 NOTIFICATIONNo.H. 12018/235/2014-LJD, the 17th July, 2014. The following Act is hereby published for general information. The Mizoram Liquor (Prohibition and Control) Act, 2014 (Act No. 8 of 2014) {Received the assent of the Governor of Mizoram on the 11th July, 2014}. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. - 2 - Ex-379/2014 The Mizoram Liquor (Prohibition and Control) Act, 2014 AN ACT To prohibit and control the production, manufacture, possession, transport, import, export, purchase, sale and consumption of intoxicating liquor and to provide for the imposition of excise duty thereon in the State of Mizoram and for matters connected therewith. It is enacted by the Legislative Assembly of the State of Mizoram in the Sixty Fifth Year of the Republic of India as follows :- CHAPTER – IPRELIMINARY 1 . Short title, extent a nd commencement: (1) This Act may be called the Mizoram Liquor (Prohibition and Control) Act, 2014. (2) It shall extend to the whole of the State of Mizoram, except the three autonomous districts namely Chakma Autonomous district, Lai Autonomous district and Mara Autonomous district constituted under the Sixth Schedule to the Constitution of India. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint in this behalf. 2 . Definitions: In this Act, unless the context otherwise requires :- (1)“ Act ” means the Mizoram Liquor (Prohibition and Control) Act, 2014; (2)“ Bar ” mean a retail business establishment that serves alcoholic drinks – beer, wine, liquor, and cocktails – for consumption on the premises. (3) “Beer” means and includes ale, stout, port and all other alcoholic beverage usually made from malt or grain; (4)“ Bonded Warehouse ” means a licenced private bonded warehouse or a public bonded warehouse or established by Government under this Act for storing liquor on which duty has not been paid; (5)“ Bottling Plant ” means premises where bottling of liquor is done and includes every place therein where it is stored or wherefrom it is issued; (6)“ Brewery ” mea ns p remises wher e beer is ma nu fa ct ur ed a nd inc lu des ever y place ther ein wher e beer is stor ed or wher efrom it is issued; (7) “Club” means a society of persons associated together for social intercourse for the promotion of politics, sports arts and science or literature or for any purpose except the acquisition of gain and where the same be registered under the Companies Act, 1956 (Central Act 1 of 1956), the Mizoram Co-operative Societies Act, 1991 (Mizoram Act, 1991) or under any act relating to Co-operative Societies in force in Mizoram, or the Mizoram Societies Registration Act, 2005 or otherwise incorporated or not; (8) “Commissioner” means the Commissioner of Excise & Narcotics appointed by the Government; (9)“ Company ” means a body corporate and includes a firm, a licenced vendor or other association of individual. (10)“ Country liquor” means and includes intoxicating liquor distilled and fermented from agricultural produce; (11)“ Denatured alcohol ” means alcohol so mixed with another substance in order to render the mixture unfit for human consumption whether as a beverage, or internally as a medicine; - 3 -Ex-379/2014 (12)“Distillery ” mea ns premises wher e spir it is manufa ctured and includes ever y pla ce therein where it is stored or wherefrom it is issued; (13) “Duty” or “Countervailing Duty” means the duty of Excise or countervailing duty, as the case may be, mentioned in entry 51 in List II of the Seventh Schedule to the Constitution; (14) “Excisable article” means – (a) any liquor for human consumption and spirituous preparations, not being a medicinal preparation or a toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955) or (b) Any intoxicating liquor or substance; (15) “Excise Officer” means any officer subordinate to the Commissioner and any Excise & Narcotics Officer invested with powers under this Act; (16)“ Excise Station” means any Excise & Narcotics Station established by the Government; (17) “Excise Duty” means revenue collected from any duty, fee, tax, penalty, payment (other than a fine imposed by a Court of Law) or confiscation imposed, made or ordered under any provision of this Act, or under any other law for the time being in force relating to alcoholic liquor or intoxicants; (18) “Export” means to take out of the State of Mizoram, otherwise than across a Customs frontier as defined by the Central Government; (19)“ Foreign liquor ” means any liquor imported by land, sea or air into India; (20) “Government” means the State Government of Mizoram; (21) “Holder of a licence” includes a person whose bid, tender or application for a licence, permit or pass has been accepted by the Commissioner or any Excise Officer empowered to grant such licence, permit or pass although such person may not in fact have received the licence, permit or pass; (22) “Import” means to bring into the State of Mizoram, otherwise than across a Customs frontier as defined by the Central Government; (23) “Intoxicant” means any intoxicating substance but does not include a medicinal preparation or a toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955); (24) “Intoxicating liquor” means any liquor and includes Zu, Rakzu, Tinzu, Zupui, Zufang, all liquid consisting of or containing alcohol and any other substance which the Government may, by notification, declare to be liquor for the purpose of this Act but does not include any medicinal preparation or any toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955); (25)“ Licence” means any licence issued by the competent authority under this Act; (26) “Manufacture” includes every process, whether natural or artificial, by which any intoxicating liquor is produced or prepared, redistillation and every process for the rectification, flavouring, blending, colouring or bottling of liquor; (27) “Notification” means a notification published in the official gazette; (28)“ Nuisance ” includes any act, which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or property; (29)“ Pass” means any pass issued by the competent authority under this Act; (30)“ Permit” means any permit issued by the competent authority under this Act; (31) “Place” includes a house, building, shop, tent, vessel, raft and vehicle; (32)“ Public place” means any public conveyance, hotel, shop, or any other place intended for use by, or accessible to the public; (33) “Prescribed” means prescribed by rules or notifications made under this Act; (34)“ Registered Medical P ractitioner ” means a person registered under the Indian Medical Council Act, 1956; - 4 - Ex-379/2014 (35)“Sell” means any transfer of ownership including barter; (36) “Spirit” means any liquor containing alcohol obtained by distillation, whether it is denatured or not and includes “Rakzu”; (37) “State” means the State of Mizoram and it shall include any State or Union Territory in India; (38) “To bottle” means to transfer liquor from a cask or other vessel to a bottle or other receptacle for the purpose of sale, whether any process of rectification be employed or not; and includes rebottling; (39 ) “Transport” means to move liquor from one place to another within Mizoram; (40)“ Wine ” means fermented juice of apple, ginger, grape, guava, passion fruit, peach, pear or pineapple, or any other fruits, as may be notified by the Government; (41)“ Winery ” means premises wher e wine is manufactured and includes ever y pla ce ther ein wher e wine is stored or wherefrom it is issued. (42) “Zu” means any rice, millet or other grain fermented naturally from itself or with some foreign or artificial substance, whether mixed with any liquid or not, and any liquid obtained therefrom, whether diluted or undiluted. CHAPTER – II MANUFACTURE, POSSESSION AND SALE 3 . Establishment or Licensing of distilleries, br ewer ies, wineries, bottling pla nts a nd bonded warehouses: The Commissioner, with the sanction of the Government and on such conditions as may be imposed and such fee as may be prescribed, may – (1) issue licence for a distillery in which liquor may be manufactured; (2) issue licence for a brewery; (3) issue licence for a winery; (4) issue licence for establishment of bottling plant for liquor; (5) establish or issue licence for a bonded warehouse wherein any intoxicating liquor may be deposited and kept without payment of duty; (6) issue licence for retail sale of liquor; (7) issue licence for bar; (8) discontinue any distillery, brewery, winery, bottling plant, bonded warehouse, retail shop, or bar so established; Note:Any club which has transactions with its members in respect of foreign liquor shall be deemed to be conducting retail sale and shall be required to obtain a licence under this Act on payment of such fees and subject to such restrictions and on such conditions as may be prescribed. 4 . Licence, permit or pass required for depositing or keeping intoxicating liquor in bonded war ehouse or other place of stor a ge: No person shall, except under the authority and subject to the terms and conditions of a licence, permit or pass granted in that behalf by the Commissioner or any other officer authorized by him, deposit or keep any intoxicating liquor in any bonded warehouse or other place of storage. 5 . Payment of duty on removal from distillery, brewery, winery, bottling plant, bonded war ehouse or other place of stor a ge: No intoxicating liquor shall be removed from any distillery, brewery, winery, bottling plant, bonded warehouse or other place of storage licenced, established or authorized under this Act, unless the duty or fee, if any payable under Chapter V or Chapter VI has been paid or a bond has been executed for the payment thereof. 6 . Maintena nce and use of measur es, weights a nd instruments by a licencee: Every person who manufactures, bottles or sells any intoxicating liquor under a licence granted under this Act– (a ) shall supply himself with such standard measures, standard weights, measuring instruments and weighing instruments duly verified and approved by the Commissioner and such other instruments as the Commissioner may prescribe and shall keep the same in good condition; and (b) when such measures, weights and instruments have been so prescribed, shall, on the requisition of any Officer referred to in Section 29, measure, weight or test any intoxicating liquor in his possession, at such time and in such manner as such officer may require. 7 . Reta il and wholesa le : The Government may by notification, declare what quantity of any intoxicating liquor shall, for the purposes of this Act, be the limit of a retail sale. 8 . Limit of possession: (1) No person shall possess or sell any quantity of intoxicating liquor, in excess of such quantity as the Government may declare to be the limit of a retail sale or possession, except under a permit specially granted by the Government in this behalf. (2) Subject to the provisions of rules made under this Act, the provision of sub-section (1) shall not apply to– ( a ) any foreign liquor which is in the lawful possess ion of any common car rier or warehou seman as such, or (b) any foreign liquor which has been purchased lawfully by any person for his bona fide private consumption and not for sale. (3) A person licenced to manufacture, possess or sell any intoxicating liquor shall not have in his possession at any place other than that authorized by his licence, permit or pass, any quantity of any intoxicating liquor in excess of such quantity as the Government has declared to be the limit of a retail sale, except under a permit granted by the Commissioner in this behalf. 9 . Gra nt of exclusive privilege of manufa cture and sale of country liqu or: (1) The Commissioner, with previous sanction of the Government, may grant to any person, on such conditions and for such period as it may thinks fit, the exclusive privilege – ( a ) of ma nufacturing or supplying by wholesa le or r eta il, any country liquor within a ny specified local area. (b) of selling by wholesale or retail, any country liquor within any specified local area. (2) No grantee of any privilege under sub-section (1) shall exercise the same unless or until he has obtained a licence, permit or pass in this behalf from the Commissioner. 10 . Transfer of exclusive privilege: (1) A grantee of an exclusive privilege under Section 9 shall not let or assign the same or any portion thereof unless he is expressly authorized by a condition made under that section to do so. (2) Such letting or assignment shall be made only to a person approved by the Commissioner. (3) The lessee or assignee shall not exercise any rights as such unless and until the Commissioner has, upon his application granted him a permit to do so. 11. P ower to decla r e dry da ys: The Commissioner may, by order declare any day, or days as dry day, or days for the whole of Mizoram to which this Act applies or for any local area comprised therein in which sale and consumption of any intoxicating liquor shall be prohibited and no liquor shop shall be opened.- 5 -Ex-379/2014 12. Power to close shops temporarily: If any riot or unlawful assembly is apprehended or occurs in the vicinity of any shop in which any intoxicating liquor is sold, the District Magistrate may require such shop to be kept closed for such period as he may think necessary; Provided that the District Magistrate who makes direction under this section shall forthwith inform the Commissioner and the Superintendent of Excise & Narcotics concerned of his action and the reason thereof. CHAPTER – IIIIMPORT, EXPORT AND TRANSPORT 13 . Rest rictions on export, import or transport: No intoxicating liquor shall be exported, imported or transported unless– (1) the Commissioner, or any officer duly authorised by him has given permission, either general or special, for its export, import or transport; (2) such conditions, if any, as the Commissioner may impose have been satisfied; and (3) the duty, if any payable under Chapter V, as may be prescribed, has been paid, or a bond has been executed for the payment ther eof; Provided that the Government may, subject to such conditions, if any as it thinks fit to impose, exempt any intoxicating liquor from the provisions of this sub-section. 14. Grant of passes: (1) A pass for the import, expor t or tr ansport, of int oxicating liquor may be issued by the Commissioner or any officer authorised by him in this behalf. (2) A pass issued under sub-section (1) may be either general for definite periods and specified kinds of intoxicating liquors or special for specified occasions and particular consignment only. (3) A pass under sub-section (1) may be issued only for the purposes of imposing and collecting duty or ensuring conformity with licence requirements and any other requirements under this Act. CHAPTER-IV LICENCES, PERMITS AND PASSES 15 . Fees, condition and for m of licences, permits or pa sses : Every licence, permit or pass under this Act shall be granted- (a ) on payment of such fees, if any, as the Government may fix, and (b) subject to such restrictions and on such conditions as may be imposed by rules, and (c ) in such form and contain such particulars as the rules may prescribe. 16. Duration of licence, permit or pass: Every licence, permit or pass under this Act shall be granted for such period, if any, as may be prescribed by rules made under this Act. 17 . Agreement to be made by licencee: Any authority granting a licence, permit or pass under this Act may require the grantee to execute an agreement, in conformity with the tenure of his licence, permit or pass, and to give such security, for the performance of such agreement, or to make such deposit in lieu of security, as the authority granting the licence, permit or pass may require.- 6 - Ex-379/2014 18. Accounts and returns: Every licencee shall maintain such accounts and submit to the authorized officers such returns in such forms containing such particulars relating to stock, apparatus, duty, fee payable and paid to the Government and such other information at such intervals as may be prescribed. 19. Transfer of licence, permit or pass: The licence, permit or pass granted under this Act is not transferable except with the prior approval of the licencing authority subject to such terms and conditions as may be prescribed. 20. Technical defects, irregularities and omissions: (1) No licence, permit or pass granted under this Act shall be deemed to be invalid by reason merely of any technical defect, irregularity or omission in the licence, permit or pass or in any proceedings taken prior to the grant thereof. (2) The decision of the Commissioner as to what is a technical defect, irregularity or omission, shall be final. 21 . Power to ca ncel or suspend licence, permit or pass: (1) Subject to such restrictions as the Government may prescribe by rules made under Section 73, the authority who granted any licence, permit or pass under this Act may cancel or suspend or impose fine, – (a ) if it is transferred or sublet by the holder thereof without the permission of the said authority; or (b) if any duty, tax or fee payable by the holder thereof be not duly paid; or (c ) in the event of any breach by the holder thereof, or by any of his servants, or by any one acting on his behalf with his express or implied permission, of any of the terms or conditions thereof, or (d) if the holder thereof is convicted of any offence punishable under this Act or any other law for the time being in force relating to revenue, or of any cognizable and non- bailable offence, or of any offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985(Central Act 61 of 1985) or The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (Central Act 46 of 1988) or under any section 479 to 489 of the Indian Penal Code, (Central Act 45 of 1860) or under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955); or the holder is chargeable under any law relating to Domestic violence and child’s rights and protection thereof; or ( e) if the holder of a n exclusive privilege granted under Section 9 has cont ravened any provision of this Act or any rule made thereunder or makes default in complying with any condition imposed upon him by such licence, permit or pass; or (f) if the condition of the licence, permit or pass provided for such cancellation or suspension is violated by the holder of licence, permit or pass. (2) The holder of a licence, permit or pass shall not be entitled to any compensation for its cancellation or suspension under this section, or to the refund of any fee paid or deposited made in respect thereof, and the fee so paid or deposited so made shall stand forfeited as fine. 2 2 . P ower t o ca nc el lic ence, p er mit or p as s et c. : (1) Whenever the authority which granted any licence, permit or pass under this Act considers that the licence, permit or pass sha ll be cancelled for any reason other than those specified in Section 21, it may, subject to such restrictions, if any, as the Government may prescribe by rules under Section 73, cancel the licence, permit or pass either, –- 7 -Ex-379/2014 (a ) on the expiration of fifteen day’s notice in writing of its intension to do so, or (b) forthwith without notice, after recording its reasons in writing for doing so. (2) When a licence, permit or pass is cancelled under sub-section (1), any security or advance deposited by the holder of such licence, permit or pass shall stands forfeited as fine. 23 . No right to renewal, or compensa tion: No person to whom a licence, permit or pass has been granted under this Act shall have any claim to the renewal of such licence, permit or pass, or any claim to compensation on the determination thereof. CHAPTER – VLEVY OF DUTY 24 . Levy of duty: An excise duty and or a countervailing duty, as the case may be, at such rate or rates as the Government may direct, may be imposed on– (1) any exciseable article imported, or (2) any exciseable article expor ted, or (3) any exciseable article transported, or (4) any exciseable article manufactured or bottled in any distillery, brewery, winery or bottling plant established or kept in a bonded warehouse under licence under this Act. Expla na tion:-Duty may be imposed on any article under this section at different rates according to the purposes for which such article is intended to be used, according to the places to which such article is to be removed for consumption or according to the varying strengths, and quality of such article. 25 . Mode of levy of duty: Subject to such rules regulating the time, place and manner of the levy and collection of duty, as may be prescribed, and duty imposed under Section 24 may be levied in any of the following ways:- (1) on an exciseable article imported,– (a ) by payment upon or before import in Mizoram or in the State or Territories from which the article is brought, or (b) by payment before issue of transport permit at District offices; (c ) by payment upon issue for sale from distillery, brewery, winery, bottling plant and bonded warehouse established under this Act; (2) on an exciseable article exported – by payment in Mizoram or in the State or Territory to which the article is sent; (3) on an exciseable article transported,– (a ) by payment in the district from which the article is sent, or (b) by payment upon issue for sale from a distillery, brewery, winery, bottling plant or bonded warehouse established under this Act,- (4) (a ) on liquor, wine or beer manufactured in any distillery, brewery, winery or bottling plant established under this Act, (b) in accordance with such scale or equivalence calculated on the quantity of materials used, or by the degree of attenuation of the wash or wort, as the case may be, as the Government may prescribed; Provided that, where payment is made upon the issue of an exciseable article for sale from a distillery, brewery, winery, bottling plant or bonded warehouse, it shall be at the rate of duty in force on the date of issue of such article from such distillery, brewery, winery, bottling plant or bonded warehouse established under this Act.- 8 - Ex-379/2014 26. Payment for grant of exclusive privilege: Instead of, or in addition to, any duty leviable under this Act, the Government may accept payment of a sum in consideration of the grant of any exclusive privilege under Section 9. 27 . Gr ant of exemption from payment of excise duty: The Government may, either wholly or partially, and subject to such condition as it may think fit to prescribe, grant exemption to any holder of a licence from the payment of excise duty on import or collection of any exciseable article from any distillery, brewery, winery, bottling plant or bonded warehouse for any specified period or occasion according to the purposes for which such article is intended to be used. CHAP TER-VIDEPARTMENTAL MANAGEMENT OR TRANSFER 28. Power of Commissioner to take grants under management, or to transfer them: (1) If any holder of a licence, permit or pass granted under this Act contravenes any provision of this Act or any rule made thereunder, or makes default in complying with any condition imposed upon him by such licence, permit or pass, after the cancellation of such licence, permit or pass, the Commissioner may at any time– (a ) take over the management, at the risk and loss of the person to whom such licence, permit or pass was issued; (b) transfer the unexpired portion of the management at the risk and loss of that person to any other person (2) If any person to whom an exclusive privilege has been granted under Section 9 contravenes any provision of this Act or any rule made thereunder, or makes default in complying with any condition imposed upon him by such privilege, the Commissioner may, at any time– (a ) take over the management, at the risk and loss of the person to whom such licence, permit or pass was issued; (b) transfer the unexpired portion of the management at the risk and loss of that person to any other person. CHAPTER-VII PREVENTION, DETECTION, INVESTIGATION AND TRIAL OF OFFENCES AND PROCEDURE 29 . Power to inspect places of manufacture, bottling plant, bonded warehouse, r etail shop, bar etc. and to seize utensils etc.: Any of the following Officers, namely:– (a ) the Commissioner, or his subordinate officers, or (b) any Excise & Narcotics Officer not below the rank of Inspector– (i) may enter and inspect, at any time by day or night, any place in which any licenced manufacturer carries on the manufacture of, or bottling, or stores any intoxicating liquor, and (ii) may enter and inspect, at any time by day or night, any place in which any intoxicating liquor is sold or kept for sale by any licenced person; and (iii) may examine the accounts, registers, passes and such other documents maintained, as may be prescribed by the Government by rules made under this Act; and (iv) may examine, test, measure or weight materials, stills, utensils, implements, apparatus or intoxicating liquor found in any such place as aforesaid; and- 9 -Ex-379/2014 (v) may seize any intoxicating liquor, materials, stills, utensils, implements, apparatus referred to in clause (i), clause (ii) or clause (iii) together with any accounts, registers, passes and other documents referred to, or connected with those referred to in clause (iii) found in any such place as aforesaid. (vi) may examine or test and seize any measures, weights or testing instruments, found in any such place as aforesaid, which he has reason to believe to be false. 30. Power of entry, search, seizure and arrest: Any Excise & Narcotics Officer or Police Officer not below the rank of Assistant Sub-Inspector, who has reason to believe, from personal knowledge or from information received from any person that any liquor, material, utensil, implement or apparatus in respect of which an offence punishable under this Act or the rules made thereunder is kept or concealed in any building, vehicle, vessel, or enclosed place, may at any time during day or night – (a ) enter into any such building, vehicle, vessel or place and conduct search; and in case of resistance, break open any door and remove any other obstacle to such entry; (b) seized such liquor, material, utensil, implement, or apparatus, and any document or apparatus, or other articles which may furnish evidence of the commission of the offence; (c ) detain, search and arrest any person whom he has reason to believe to have committed an offence under this Act relating to liquor, material, utensil, implement or apparatus; 31 . Power of seizure and arr est in public places: Any officer of Excise & Narcotics and Police officer referred to in Section 30 of this Act may, without warrant – (a) seize, in any public place or in transit any liquor, material, utensil, implement or apparatus in respect of which he has reasons to believe that an offence punishable under this Act or the rules made thereunder, has been committed, and along with it, any document or other article which may furnish evidence of the commission of the offence, and (b) stop, rummage and search any vehicle, vessel or conveyance. If it becomes necessary to stop the vehicle, vessel or conveyance, he may use all lawful means for stopping it. (c ) detain, search and arrest any person whom he has reason to believe to have committed an offence under this Act. 32. Magistrate to try offences under the Act: Any Magistrate having the power of the Judicial Magistrate of the first class shall try any offence punishable under this Act. 33. Power to issue warrant of arrest and search: Any magistr ate of the first class may issue war rant of arrest of any person whom he has reason to believe to have committed an offence punishable under this Act, or the rules made thereunder; or, for the search, whether by day or by night, of any buildings, vehicle, vessels or places in which he has reason to believe that any liquor, material, utensil, implement, documents or apparatus, in respect of which an offence punishable under this Act has been committed, is kept or concealed. 34 . Power of investigation, prosecution, pr ocedur e for investigation and t ria l: (1) The State Government may invest any Officer not below the rank of Assistant Sub-Inspector of the Excise & Narcotics, the powers of an Officer-in-charge of a Police Station as mentioned in clause (o) of Section 2 of Criminal Procedure Code, 1973 for the purposes of investigation and prosecution of offences under this Act.- 10 - Ex-379/2014 (2) Save as otherwise expressedly provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the investigation and trial of offences against this Act 3 5 . Offic ers of Government, Member s of Village/ Loc al Cou ncil a nd Villa ge Defence Par ty are bound t o give information: Every Officer of the Government, every member of a Village/Local Council, and Village Defence Party shall be bou nd to give immediate information to the nearest Excise & Narcotics or Police Station of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to his knowledge. 36 . Ar rest by pr iva te per son or group of persons and procedure on such ar rest: Any private person or group of persons may arrest or cause to be arrested any person who commits a non-bailable and cognizable offence under this Act, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to the Excise & Narcotics officer or Police officer, or, in the absence of the Excise or Police officer, take such person or cause him to be taken in custody to the nearest Excise & Narcotics Station or Police Station. 37 . Landlords and other to give information: Every person who owns or occupies any land or building, or who is a landlord of an estate or the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, in which there has been any unlawful manufacture of any liquor or any owner of a vessel or vehicle in which liquor is manufactured or carried on shall in the absence of reasonable excuse, be bound to give information of the same to the Excise & Narcotics officer or Police officer immediately after the same have come to his knowledge. 38 . Report of arrest and seizure: Any officer making an arrest or seizure under this Act shall, within twenty-four hours of such seizure and arrest make a full report of all the particulars of such arrest or seizure to his immediate official superior, and produce the arrested person before a magistrate. The time taken for the journey from the place of seizure or arrest to the Court shall not, however, be counted. 39 . Appointment of departmental officer as expert: The State Government may appoint an officer or a class of officers in the Excise & Narcotics Department and Police Department as expert for the purpose of analysis or examination of liquor. 40 . Offences cognizable and non-bailable: Notwithstanding anything conta ined in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) – (a ) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for a term of imprisonment of three years or more under this Act shall be released on bail or on his own bond unless – (i) the prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Prosecutor opposes the application, the Court is satisfied tha t there a re reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 41 . Excise & Narcotics and Police custody of articles seized: (1) Officers-in-Charge of Excise & Narcotics or Police Stations shall take charge of and keep in safe custody, pending the orders of a Magistrate, all persons arrested and all articles seized under this Act and brought or delivered to them as the case may be.- 11 -Ex-379/2014 (2) All samples so taken shall be sealed with the seal of the Officer-in-charge of the Excise & Narcotics or the Police Station as the case may be. (3) Any Excise & Narcotics Station shall deem to be a Police Station as mentioned in clause (s) of Section 2 of Criminal Procedure Code, 1973 for the purpose of investigation and prosecution of the offences under this Act. CHAPTER-VIIIPROHIBITIONS, OFFENCES AND PENALTIES 42 . Prohibition of manufacture, transport, import, export, and consumption of liquor, except under licence, permit or pass: (1) No person, without licence, permit or pass under the Act, shall– (a ) transport, import, export, or possess liquor; (b) sell or buy liquor; (c) manufacture liquor; (d) use or keep for use any material, utensil, implement or apparatus whatsoever for manufacture of liquor; and ( e) construct any distillery, brewery, winery, bottling plant and bonded warehouse; (2) No person shall consume liquor except on a permit granted under the provisions of this Act or the rules made ther eunder, as the case may be. (3) No person shall consume liquor in public place. (4) No person shall make nuisance under the influence of liquor. (5) No person shall drive any motor vehicle while under the influence of liquor. 43 . Punishment for contravention of Section 42: (1) Whoever contravenes the provisions of sub-section (1) of Section 42 of this Act shall, on conviction, be punished with imprisonment for a term of not less than six months which may extend to five years and also with fine of not less than five thousand rupees which may extend to ten thousand rupees; (2) Whoever in contravention of the provisions of sub-section (2), (3), (4) or (5) of Section 42 of this Act shall, on conviction, be punished with imprisonment for a term of not less than one month which may extend to two years or with fine of not less than one thousand rupees which may extend to five thousand rupees, or with both. Provided that the trying magistrate may, a fter convicting the accused and in lieu of imprisonment and fine, pass order by which the convict is released and is compelled to do social work for not more than five working days under the supervision of the Excise & Narcotics officer or Police officer as per the terms and conditions as may be passed by the trial court in the order or prescribed in the rules. Provided further that if the convict absconds or violates the terms and conditions passed by the trial court in the order or the rules except on sufficient ground, he shall be liable to the sentence prescribed in this sub-section. (3) The permit of a person convicted or penalised under the provision of sub-section (3), (4) or (5) of Section 42 of this Act may be liable to be cancelled. (4) Any registered medical practitioner shall be competent to examine and prove that a person has consumed liquor or has been in a state of intoxication. (5) Breath analyser may also be used for proof of liquor consumption.- 12 - Ex-379/2014 44. Punishment for illegal possession in small quantity for personal consumption of any intoxicating liquor: Whoever, in contravention of any provision of this Act, or any rule or order made or permit issued thereunder, possess in a small quantity, any intoxicating liquor which is proved to have been intended for his personal consumption and not for sale or distribution, or consume any intoxicating liquor shall, notwithstanding anything contained in this Act, be punishable with imprisonment for a term of not less than five days which may extend to one month with a fine of not less than five hundred rupees which may extend to one thousand rupees or with both. Explanation–(1) For the purpose of this section ‘small quantity’ means such quantity as may be specified and notified by the Government in the Official Gazette. (2) Where a person is shown to have been in possession of a small quantity of intoxicating liquor, the burden of proving that is was intended for the personal cons umption of s uch person a nd not for sale or distr ibution, sha ll lie on such person. 45 . Pr ohibition of a lteration of denatured alcohol: No person shall – (a ) alter or attempt to alter any denatured alcohol by dilution with water or by any method whatsoever, with the intention that such alcohol may be used for human consumption, whether as beverage or internally as a medicine or in any other way whatsoever; or (b) have in his possession any denatured alcohol in respect of which he knows or has reason to believe that such alteration or attempt has been made. 46. Punishment for alteration of denatured alcohol etc.: Whoever contravenes the provisions of Section 45 of this Act shall be liable to be punished with imprisonment for a term of not less than six months which may extend to five years and with fine of not less than five thousand rupees which may extend to ten thousand rupees. In prosecution for an offence under this section, it shall be presumed, until the contrary is proved, that the alteration or attempt to alter any denatured alcohol, or possession of denatured alcohol was done with the intention that such alcohol may be used for human consumption as intoxicating liquor. 47 . Penalty for selling spurious liquor: Whoever sells or keeps spurious liquor shall be punishable with imprisonment of not less than three months which may extend to three years and fine of not less than five thousand rupees which may extend to ten thousand rupees. 48 . Prohibition of mixing other substance with liquor: Whoever mixes or permits to be mixed any drugs or any foreign ingredient with any liquor sold or manufactured or possessed by him which may cause disability or unconciousness or hurt shall be punishable with imprisonment for a term of not less than six months which may extend to five years and with fine of not less than five thousand rupees which may extend to ten thousand rupees. 49 . Punishment for a llowing premises to be used for the commission of an offence: Whoever being the owner or occupier or having the use of any house, room enclosure, space, vessel, compound, place or vehicle, knowingly permits it to be used for the commission, by any other person, of an offence punishable under this Act or the rules made thereunder shall be liable to be punished with imprisonment for a term of not less than three months which may extend to three years, or with fine of not less than two thousand rupees which may extend to five thousand rupees, or with both;- 13 -Ex-379/2014 50 . Possession of int oxicating liquors not obta ined fr om a licenced vendor prohibited: (1) No person shall have in his possession any intoxicating liquor which has not been obtained from a licenced vendor. (2) Sub-section (1) shall not apply to – (a ) any intoxicating liquor lawfully deposited or kept in a distillery, brewery, winery, bonded warehouse or other place of storage under this Act, or (b) any intoxicating liquor lawfully in the possession of a licenced vendor, or (c ) any intoxicating liquor in the possession of a person who has lawfully imported it, or who is authorized by the Commissioner or any officer authorised by him to possess it, or (d) any liquor in the possession of any common carrier or warehouseman as such, or purchased at a sale authorized under the Act. 51 . Penalty for misconduct by permit holder: Whoever, being the holder of a permit, licence, pass or authorization granted under this Act, or a person in the employment of such holder of permit, licence, pass or authorization, while in transit– (a ) fails to produce such permit, licence, pass or authorization on demand by the Excise & Narcotics or Police Officer of the rank of Assistant Sub-Inspector and above, or (b) willfully does or omits to do anything in contravention of any rule, or order made under this Act shall be liable to be punished with imprisonment for a term of not less than one month which may extend to one year or with fine of not less than two thousand rupees which may extend to ten thousand rupees, or with both. The licence, permit, pass or authorisation of such offender shall be liable for cancellation, by the issuing authority 52. Attempt to commit offence under this Act: Whoever attempts to commit a ny offence punishable under this Act shall be liable to the punishment provided for such offence. 53. Punishment for obstruction etc.: Whoever obstructs, assaults or threatened to assault or attempts to obstruct or disobeys any personnel of Excise & Narcotics or Police Department in the discharge of his official duties shall be punishable with imprisonment for a term of not less than three months which may extend to three years and with fine of not less than two thousand rupees which may extend to five thousand rupees. 54. Abetments: Whoever abets an offence punishable under this Act shall, whether such offence be or be not committed, in consequence of such abetment, be punished with the punishment provided for the of fenc e. 55 . Penalty for maliciously giving false information: Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term of not less than one month which may extend to one year or with fine of not less than five hundred rupees which may extend to two thousand rupees or with both. 56 . Employment of childr en under eighteen yea rs by any licensee is prohibited: No person who is licenced to manufacture, bottle and sell foreign liquor, wine or country liquor shall employ or permit to be employed, either with or without remuneration, any person under the age of eighteen years in any part of such premises.- 14 - Ex-379/2014 57. Penalty for adulteration by licenced manufacturer, bottler, bonded warehouse owner, or vendor or his serva nt: If any licenced manufacturer, bottler, bonded warehouse owner, or vendor, or any person in his employment and acting on his behalf adulterates liquor with any other substance or has in his possession any adulterated liquor, if convicted, he shall be liable to imprisonment for a term of not less than two months which may extend to two years, or to fine of not less than two thousand rupees which may extend to five thousand rupees, or with both. 58 . Pena lt y for certa in u nlawfu l a ct s of licenced vendors or their serva nts: (1) If any licenced vendor, or any person in his employment and acting on his behalf,– (a ) sells any intoxicating liquor to a person who is drunk or intoxicated; or (b) sells or delivers any liquor to any person apparently under the age of eighteen years, whether for consumption by such person or by any other person, and whether for consumption on or off the premises of such vendor, or (c ) permits drunkenness, intoxication, create nuisance or gambling on the premises of such vendor; he shall be liable to imprisonment for a term of not less than one month which may extend to one year, or fine of not less than five hundred rupees which may extend to two thousand rupees, or with both. The licence, permit or pass of such offender shall be liable to cancellation by the issuing authority. (2) When any licenced vendor, or any person in his employment and acting on his behalf, is charged with permitting drunkenness or intoxication on the premises of such vendor and it is proved that any person was drunk or intoxicated on such premises, it shall lie on the person charged to prove that the vendor and the persons employed by him took all reasonable steps for preventing drunkenness or intoxication on such premises. 59 . Penalty for possession of unlawfully imported, exported, transpor ted and manufact ured intoxicating liquor, etc.: If any person, without lawful authority, has in his possession any quantity of any intoxicating liquor, knowing the same to have been unlawfully imported, transported or manufactured; or knowing that the prescribed duty has not been paid thereon, he shall be liable to imprisonment for a term of not less than six months which may extend to five years and shall also be liable to fine of not less than five thousand rupees which may extend to ten thousand rupees. 60 . Penalty for failing to produce licence, permit or pass by licensee or his serva nt: If any holder of a licence, permit or pass granted under this Act or any person in the course of his employment and acting on his behalf, fails to produce such licence, permit or pass on the demand of any Excise Officer duly authorized by the Commissioner, in this behalf to make such demand he shall be liable to fine of not less than five hundred rupees which may extend to one thousand rupees. 61 . Import, export, transport, manufacture, sale or possession by one person on account of another: (1) When any intoxicating liquor has been imported, exported, transported, manufactured or sold or is possessed by any person on account of any other person, and such other person knows or has reason to believe that such import, export, transport, manufacture or sale was, or that such possession is, on his account, the article shall for the purposes of this Act, be deemed to have been imported, exported, transported, manufactured or sold by, or to be in the possession of, such other person.- 15 -Ex-379/2014 (2) Nothing in sub-s ection (1) shall absolve any person who imports, exports, transports, manufactures sells or has possession of an intoxicating liquor on account of another person from liability to any punishment under this Act for the unlawful import, export, transport, manufacture, sale or possession of such article. 62 . Criminal liability of licensee for act s of servant: When any offence punishable under this Act is committed by any person in the course of his employment and acting on behalf of the holder of a licence, permit or pass granted under this Act, such holder shall also be deemed to have himself committed the offence, unless he establishes that all due and reasonable precautions were exercised by him to prevent the commission of such offence and shall, subject to the provisions of Section 61, be punishable accordingly. 63 . Imprisonment under Section 61 or section 62: No person other than the actual offender shall be punished under Section 61 or section 62 with imprisonment, except in default of payment of a fine. 64. Punishment for vexatious search, seizure or arrest: Any officer or person exercising powers under this Act, who – (a ) maliciously enter or search or causes to be search any building or house or similar dwelling place, or (b) vexatiously and unnecessarily seizes the property of any person in the pretence of seizing or searching for anything liable to confiscation under this Act, or (c ) vexatiously and unnecessarily detains, searches or arrests any person; or (d) in any other way maliciously exceeds or abuses his lawful powers, shall, on conviction, be punished with imprisonment for a term of not less than ten days which may extend to three months or with fine of not less than one hundred rupees which may extend to five hundred rupees or with both. 65 . Punishment for offence for which no punishment is pr ovided: Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued there under for which no punishment is separately provided in this Act, shall be punishable with imprisonment for a term of not less than one month which may extend to six months or with fine of not less than three hundred rupees which may extend to one thousand rupees, or with both. 66. Enhanced punishment after previous conviction: If any person, after having been previously convicted of an offence punishable under any of the provisions of this Act subsequently commits and is convicted of an offence punishable under this Act, he shall be awarded punishment to twice the punishment which might be imposed on a first conviction under this Act and so on for the subsequent convictions. 67 . No suspension, r emission or commuta tion in a ny sent ence awarded under this Act: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), or any other law for the time being in force, no sentence awarded under this Act shall be suspended or remitted or commuted. 68. Presumption of culpable mental state: (1) In any prosecution for an offence under this Act which requires culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be the responsibility- 16 - Ex-379/2014 of the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Ex planation:-In this section, ‘Culpable ment al state ’ includes intention, motive, knowledge of a fact and belief in or reason to believe, a fact. (2) For the purpose of this section, a fact is said to be proved only when the Court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability. 69. Presumption to the commission of an offence: (1) In trial under any of the provisions of this Act, it shall be presumed without further evidence, until the contrary is proved, that the accused person has committed an offence under this Act in respect of liquor, or any still, barrel, pot, tin, utensil, implement or apparatus, whatsoever for the manufacture of liquor or any material which have undergone any process towards the manufacture of any liquor for the possession of which he is unable to account satisfactorily. (2) Where in any trial for an offence for manufacture of liquor and using a still, barrel, tin or pot for such purpose in contravention of the provisions of this Act, it is proved that the accused person was present by the side or within the vicinity of the still, barrel, pot or tin while it was working or that he was the owner or occupier having the care, wherein such still, barrel, pot or tin was used, then the burden of proving that the accused person had not used, or had not abetted in using the still, barrel, pot or tin for manufacturing liquor shall be on the accused person and the Court shall, in the absence of such proof presume to the contrary. CHAPTER – IX ESTABLISHMENTS, CONTROL, APPEAL AND REVISION 70. Establishments, delegation and withdrawal of powers: (1) The administration of the provisions of this Act and the rules made thereunder shall generally be under the charge of the Commissioner. (2) The administration of the provisions of this Act and the rules made thereunder and the collection of the excise revenue within a District shall ordinarily be under the charge of the Superintendent of Excise & Narcotics, or any officer empowered on this behalf. 71 . Control, appeal and revision: (1) Orders passed under this Act or under any rule made shall be appealable in such cases, to such authorities and under such procedure as may be prescribed by rules made under Section 73. (2) The Government may revise any order passed by the Commissioner or by any officer exercising the powers of an appellate authority under any rule made under Section 73. 72. Correction of errors: Clerical or arithmetical errors in any order passed under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by the officer who passed the order. CHAPTER – X MISCELLANEOUS PROVISIONS 73. Power of Government to make rules: (1) The Government may, by notification, make rules or order for the purpose of carrying out the provisions of this Act.- 17 -Ex-379/2014 (2) In particular and without prejudice to the generality of the foregoing provision, such rules and notifications may provide – (a ) for regulating the import, export, transport, sale, purchase, possession, or consumption of a ny intoxica ting liquor ; (b) for regulating the periods for which licences, permits or passes for the wholesale or retail vend of any intoxicating liquor may be granted, and the number of such licences, permits or passes which may be granted for any local area and particulars to be contained in the licences, permit or passes granted under this Act; ( c ) for p r ohib it ing t he gr ant of licences , p er mit s or p a ss es for t he r eta il sa le of a ny int ox ica ting liquor at any place or within any local area as may be described in the rules, or for defining the places in the vicinity of which shops for the retail sale of any intoxicating liquor shall not ordinarily be licenced; (d) for regulating the procedure to be followed a nd prescribing the ma tters to ascer tain before any licence or permit for the wholesale or retail vend of any intoxicating liquor is granted for any locality; ( e) for regulating the manufacture, supply or storage of any intoxicating liquor, and also for regulating – (i) the establishment, inspection, supervision, management and control of any place for the manufacture, supply or storage of any intoxicating liquor and the provision and maintenance of fittings, implements and apparatus therein; (ii) the bottling of liquor; (iii) the place and manner of levying duty on intoxicating liquor and to the refund ther eof; (f) for fixing the strength, price or quality in excess of or below which any intoxicating liquor shall not be supplied or sold, and the quantity in excess of which denatured spirit shall not be possessed, and for prescribing a standard of quality for any intoxicating liquor; (g) for declaring how spirit manufactured in India shall be denatured and for causing spirit so manufactured to be denatured through the agency or under the supervision of servants of the Government and for ascertaining whether any spirit so manufactured has been dena tured; (h) for regulating the deposit of any intoxicating liquor in a bonded warehouse established and authorized under this Act, and the removal of any intoxicating liquor from any such bonded warehouse or from any distillery or brewery; (i)for prescribing the scale of fees or the manner of fixing the fees payable in respect of any exclusive privilege granted in this Act, or any licence, permit or pass granted under this Act, or in respect of the storing of any intoxicating liquor; (j)for regulating the place and manner of payment of such fees; (k) for prescribing the restriction under which or the conditions on which any licence, permit or pass, may be granted, cancelled or suspended, and also for:– (i) regulating or prohibiting the reduction of liquor by a licenced manufacturer or licenced vendor from a higher to a lower strength; (ii) prescribing the nature and regulating the arrangement of the premises in which any intoxicating liquor may be sold, and prescribing the notices to be exposed at such premises; (iii) prohibiting or regulating the employment by the licensee of any person or class of person to assist him in his business; (iv) prescribing the days and hours during which any licenced premises may or may not be kept open, and providing for the closing of such premises on special occasions; (v) prescribing the accounts and registers to be ma intained and the r eturns to be submitted by the licensees relating to their business, and;- 18 - Ex-379/2014 (vi) regulating the transfer of licences, permits or passes; (l) for the destruction or for the disposal in any other manner, of any intoxicating liquor unfit for consumption; and for r egula ting the disposal or destruction of articles or things confiscated or seized under the Act. (m) any other matter which may be prescribed (3) Every rules made under the Act shall be laid, as soon as may be after it is made, before the Legisla tive Assembly of Mizoram. The Legislative Assembly of Mizora m may make a ny modification in the rules or decides that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be. 74 . Power of Government to exempt intoxicating liquor from provisions of t he Act: The Government may, by notification, either wholly or partially, and subject to such condition (if any) as it may think fit to prescribe, exempt any intoxicating liquor from all or any of the provisions of this Act, either throughout Mizoram or in any specified local area, or for any specified period or occasion or as regards any specified class of persons. 75 . Things liable to confiscation: Whenever an offence punishable under the Act has been committed, the following things shall be liable to confiscation, namely– (a ) the intoxicating liquor, still, utensils, implement, apparatus or materials in respect of or by means of which such offence has been committed: (b) any intoxicating liquor lawfully imported, transported, manufactured and held in possession or sold, along with any intoxicating liquor liable to confiscation as aforesaid: (c ) the receptacles, packages and coverings in which anything liable to confiscation under clause (a) or clause (b) is found and the other contents, if any, of such receptacles and packages, and (d) the animal, cart, raft, vehicle, vessel, or other conveyances used in carrying anything referred to in the foregoing clauses: Provided that no animal, cart, raft, vehicle, vessel, or other conveyance as specified in clause (d) shall be liable to confiscation unless the owner thereof is proved to have been implicated in the commission of the offence. Expla na tion:-For the purposes of this section, “owner” includes, in relation to any animal, cart, raft, vehicle, vessel, or other conveyance,– (i) which is in the possession of a minor, the guardian of such minor, or (ii) which is the subject of a hire purchase agreement, the person in possession thereof under the agreement. 76. Confiscation by Magistrate: When, in any case tried by a Magistrate, the Magistrate decides that the seized article is liable to confiscation under Section 75, he shall order such thing to be confiscated and placed at the disposal of the Commissioner. 77. Confiscation by Superintendent of Excise & Narcotics: When an investigation is made, and if it appears to the Superintendent of Excise & Narcotics that an offence under this Act has been committed, and that anything seized under this Act is liable to confiscation and it further appears that the offender is not known or cannot be found, the Superintendent of Excise & Narcotics or any officer authorized by the Commissioner shall inquire into and determine the case and, if he finds that the thing is liable to confiscation under this Act, shall order such confiscation and the articles so confiscated shall be placed at the disposal of the Commissioner or to any officer specially authorized by the Commissioner for disposal of such confiscated articles.- 19 -Ex-379/2014 Provided that no such order shall be made until the expiration of one month from the date of seizing the thing intended to be confiscated or without hearing any person who may appear within that period and claim any right to such thing, and evidence if any which he produces in support of his claim. Provided further that, if the thing in question is liable to speedy and natural decay, or if the Superintendent of Excise & Narcotics or any officer authorized by the Commissioner for this purpose, is of the opinion that its sale would be for the benefit of the owner, the Superintendent of Excise & Narcotics or any officer authorized by the Commissioner for this purpose may at any time direct it to be sold; and the provisions of this section shall, as nearly as practicable, apply to the net proceeds of such sale. 78. Power to compound offences: (1) The Commissioner or any Excise & Narcotics Officer not below the rank of Inspector authorized by the Commissioner, by general or special order in this behalf,– (a ) may accept from any person whose licence, permit or pass is liable to be cancelled or suspended under clause (a), clause (b) or clause (c) of sub-section (1) of Section 21, or who is reasonably suspected of having committed an offence punishable under any section of this Act other than Section 42, payment of a sum of money not exceeding ten thousand rupees in lieu of such cancellation or suspension or instituting a prosecution in respect of such offence, as the case may be, and (b) may, in any case in which any property has been seized as being liable to confiscation under this Act, release the same on receiving payment of the value thereof, as estimated by the Commissioner or such Excise & Narcotics officer, or of such smaller sum as the Commissioner or the officer may think fit. (2) When the payments referred to in sub-section (1) have been duly made, the accused person, if in custody, shall be discharged, and the property seized, if any, shall be released; and no further proceedings shall be taken against such person or property. 79 . Ba r to legal pr oceeding: (1) No suit or other legal proceedings shall lie against any person in respect of anything which is done in good faith or intended to be done in pursuance of this Act or the rules made thereunder. (2) No suit or other legal proceedings shall lie against the Government for any damage caused by anything which is done in good faith or intended to be done in pursuance of this Act or the rule ma de thereunder. 80 . Limitation of suit and pr osecutions: (1) No Magistrate shall take cognizance of any offence charged against any Excise and Narcotics or Police personnel for the commission of an offence in course of the performance of duty under this Act unless the prosecution is instituted within three months of the commission of the act complained of. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, when any Excise & Narcotics or Police personnel is accused of any offence to have committed by him while acting or purporting to act in the discharge of his official duty under this Act, no Court shall take cognizance of such offence, except with the previous sanction of the Government under section 197 of the Code of Criminal Procedure, 1973 and section 19 of the Prevention of the Corruption Act, 1988, as the case may be. 81 . The State Prohibition Council and the District Prohibition Committee: (1) The state Gover nment may by notification, establish with effect from such date as it may specify in such notification a council/committee to be known as The State Prohibition Council- 20 - Ex-379/2014 a nd T he Distr ict Pr ohibit ion Commit tee to look into t he success or otherwise of the implement ation of this Act. (2) The State Prohibition Council and the District Prohibition Committee shall consist of the following members na mely:- (a ) Minister of Excise and Narcotics, who shall be the Chairman of the State Prohibition Council and the Deputy Commissioner of a district who shall be the Chairman of the District Prohibition Committee. (b) Such number of other official or non-official members representing such interests as may be prescribed by the State Government. (3) The State Council and the District Committee shall meet as and when necessary. However, at least two meetings shall be held every year. (4) The State Council/District Committee shall meet at such time and place as the chairman may thinks fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government. 82. Repeal and savings: (1) On and from the commencement of this Act, the Mizoram Excise Act, 1973 (Act No. 7 of 1974) and the rules made thereunder and the Mizoram Liquor Total Prohibition Act, 1995 (Act No. 10 of 1995) and the rules made thereunder shall stand repealed. Provided however that pending cases under the repealed Acts or rules shall continue to be tried and disposed of under the repealed Acts or rules as if the repealed Acts or rules have not been repealed. (2) Notwithstanding such repeal, anything done or any action take under the Mizoram Excise Act, 1973 and the rules made or Notifications issued thereunder and the Mizoram Liquor Total Prohibition Act, 1995 and the rules made or Notifications issued thereunder shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. Secretary, Law & Judicial Department, Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/250- 21 -Ex-379/2014