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Acquisition of land for construction of approach road of NIT Site at Lengpui.

VOL - XLIIIISSUE - 395Date - 05/08/2014

NOTIFICATION No.K.12011/70/14-REV, the 5th May, 2014.Whereas it appears to the appropriate Govern- ment (Hereinafter reffered to as the Government of Mizoram) that the land specified in the scheduled there-to (hereinaft er refer red to as the “ said la nd”) is likely to be needed for public purpose viz., Acquisition of land for constr uction of approach roa d of NIT Site at Lengpui. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act,1894(Central Act of 1894) hereinafter referred to as the said Act that the said land is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ting to the Deputy Commisioner /Collector, Mamit District, within a period of 30 da ys from the date of publication of this Notification in the Mizoram Gazette , who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894 (The date of publication in the newspaper in regional la nguage following Gazette Notification under section 4(1) of the LA Act is the date of publica tion within the meaning of Section 5-A of the Act.) 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any contract for the disposal of the said land by the sale, lease, mortgage, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 2 4 of the said Act, be disgarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULED DISTRICT : MAMIT Description of landApproximate Area. Land belonging to La lthlamua na Hnamte and eight others.0.935 km. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 5.8.2014 Sravana 14, S.E. 1936, Issue No. 395 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50

Holidays List during the Calendar year, 2015. All Saturdays and Sundays shall remain Holiday.

VOL - XLIIIISSUE - 396Date - 05/08/2014

NOTIFICATION No.F. 23012/3/2014-GAD, the 28th July, 2014.In exercise of the powers conferred by Explanation under Section 25 of the Negotiable Instr ument Act, 1881 read with the Govt. of India, Minis ter of Home Affa irs No.20/25/56/Pub-I dt.6.9.1957, the Gover nor of M izoram is pleased to declared the following days as holidays during the Calendar year, 2015. All S aturdays and Sundays shall remain Holiday. Sl.HolidaysDateMizo MonthDay of the weeksNo.1.NEW YEAR DAY01.01.2015PAWLKUT THLATHURSDAY 2.NEW YEAR FESTIVAL02.01.2015PAWLKUT THLAFRIDAY 3.REPUBLIC DAY26.01.2015PAWLKUT THLAM O N D AY 4.S TAT E D AY20.02.2015RAMTUK THLAFRIDAY 5.CHAPCHAR KUT/HOLI06.03.2015VAU THLAFRIDAY 6.MAHAVIR JAYANTI02.04.2015TAU THLATHURSDAY 7.GOOD FRIDAY03.04.2015TAU THLAFRIDAY 8.BOHAG BIHU15.04.2015TAU THLAWEDNESDAY 9.BUDDHA PURNIMA04.05.2015TOMIR THLAM O N D AY 10. YMA DAY15.06.2015NIKIR THLAM O N D AY 11. REMNA NI30.06.2015NIKIR THLATUESDAY 12. M HIP DAY06.07.2015VAWKHNIAKZAWN THLAM O N D AY 13. ONAM28.08.2015THITIN THLAFRIDAY 14. GANESH CHATURTHI17.09.2015MIMKUT THLATHURSDAY 15. ID-UL-ZUHA(Bakrid)25.09.2015MIMKUT THLAFRIDAY 16. MAHATMA GANDHI’S BIRTHDAY02.10.2015KHUANGCHAWI THLAFRIDAY 17. DUSSEHRA(Vijay Dashmi)22.10.2015KHUANGCHAWI THLATHURSDAY 18. DIWALI (Deepavali)11.11.2015SAHMULPHAH THLAWEDNESDAY 19. GURU NANAK’S BIRTH DAY25.11.2015.SAHMULPHAH THLAWEDNESDAY 20. CHRISTMAS EVE/Milad-Un-Nabi (Birthday of Prophet M ohammad)24.12.2015.PAWLTLAK THLATHURSDAY. 21. CHRISTMAS DAY25.12.2015PAWLTLAK THLAFRIDAY 22. NEW YEAR EVE31.12.2015PAWLTLAK THLATHURSDAY The following Fest ival/occasions as specified below occur on Saturday/Sunday during the year 2015 and hence they are not separa tely declared as holidays.The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 5.8.2014 Sravana 14, S.E. 1936, Issue No. 396 Sl.HolidaysDateMizo MonthDay of the weekNo.1.Milad-Un-Nabi04.01.2015PAWLKUT THLASUNDAY (Birthday of Prophet M ohammad) 2.MISSIONARY DAY11.01.2015PAWLKUT THLASUNDAY 3.RAM NAVAMI28.03.2015VAU THLAS AT UR D AY 4.IDU’L FITR18.07.2015VAWKHNIAKZAWN THLAS AT UR D AY 5.INDEPENDENCE DAY15.08.2015THITIN THLAS AT UR D AY 6.JANMASHTAMI05.09.2015MIMKUT THLAS AT UR D AY 7.MUHARRAM24.10.2015.KHUANGCHAWI THLAS AT UR D AY The Governor of Mizoram is further pleased to a llow ea ch employee to avail a ny 2(two) holidays to be chosen by him/her out of the list mentioned below. Permission t o avail these holidays should be applied for in writ ting in advance and will norma lly be granted by the S uperior Officer competent to grant Casual Leave except when the presence of t he individual employee is cons idered necessar y in exigencies of Govt. work. Sl.HolidaysDateMizo MonthDay of the weekNo.1.PONGAL15.01.2015PAWLKUT THLATHURSDAY 2.GURU RAVIDAS,S BIRTHDAY03.02.2015RAMTUK THLATUESDAY 3.HOLIKA DAHAN05.03.2015VAUTHLATHURSDAY 4.EASTER MONDAY06.04.2015TAU THLAM O N D AY 5.VAISKHI/VISHU/MASADI14.04.2015TAU THLATUESDAY 6.JAMAT-UL-VIDA17.07.2015VAWKHNIAKZAWN THLAFRIDAY 7.PARSI NEW YEAR’S DAY18.08.2015THITIN THLATUESDAY 8.DUSSEHRA(Maha Saptami)20.10.2015KHUANGCHAWI THLATUESDAY 9.MAHARISHI VALMIKI’S BIRTHDAY27.10.2015KHUANGCHAWI THLATUESDAY 10.DEEPAVALI(South India)10.11.2015SAHMULPHAH THLATUESDAY 11.GOVARDHAN PUJA12.11.2015SAHMULPHAH THLATHURSDAY 12.BHAI DUJ13.11.2015SAHMULPHAH THLAFRIDAY 13GURU TEG BAHADUR’S MARTYRDOM DAY24.11.2015SAHMULPHAH THLATUESDAY 14.CHRISTMAS FESTIVAL28.12.2015PAWLTLAK THLAM O N D AY La lrinliana Fanai, Commissioner &Secretary to the Govt. of Mizoram, General Administr ation Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50- 2 - Ex-396/2014

Institutional Ethics Committee (IEC) for Biomedical and Research on Human Participants as per guidelines of Indian Council of Medical Research, New Delhi comprising of the following members for a period of 1 (one) year and until further orders.

VOL - XLIIIISSUE - 397Date - 05/08/2014

NOTIFICATION No.J.11011/74/2009-HFW, the 28th July, 2014.In t he interest of public service, the Governor of Mizoram is pleased to constitute Institutional Ethics Committee (IEC) for Biomedical and Research on Huma n Participants as per guidelines of Indian Council of Medical Research, New Delhi comprising of the following members for a period of 1 (one) year and until further orders. 1)Chairperson- Dr. L.Ringluaia (r etired Director, Presbyterian Hospital) 2)Basic Medical- Dr.T.Lalzawmliana, M.D.,Civil Hospital,Aizawl (Deptt of Biochemistry) Science Area 3)Clinicians- Dr Saia, M.S & Dr. H.C.Laldina, M.D(ENT) (both Civil Hospital, Aizawl) 4)Legal Exp ert- Michael Zothankhuma, Advocate, Chalt lang 5)NGO/Social Scientist - Dr. Zoengpari, Mizora m Univer sity 6)One Theologian- Rev. Thanhnuna, Chaplain, Civil Hospital, Aizawl 7)One lay person from- Thanseia, Zarkawt the Community 8)Member Secretary- Dr.Lalchhandama,M.D(Pathology),Civil Hospital, Aizawl L. Tochhong, Chief Secretary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 5.8.2014 Sravana 14, S.E. 1936, Issue No. 397 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50

Whereas the Government of Mizoram is fully committed to root out corruption in all its forms and at all levels which has been one of the main agenda to achieve a good governance for the people of Mizoram and whereas the Government despite its deep earnesty to enact the Lok Ayukta Bill could not do so due to reasons beyond its control;

VOL - XLIIIISSUE - 398Date - 05/08/2014

NOTIFICATION Wher eas the Government o f Mizo ram is fully co mmit t ed to ro ot o ut co rrupt io n in all it s fo rms and at all levels which has been one of the main agenda to achieve a good governance for the people of Mizoram and whereas the Government despite its deep earnesty to enact the Lok Ayukta Bill could not do so due to reasons beyond its control; Whereas after the passage of the Lok Pal and Lok Ayukta Act, 2013 (Act No. 1 of 2014) by the Parliament and by virtue of section 63 of the said Act, the State government is under obligation to establish a body to be known as Lok Ayukta within one year from the date of commencement of the Act and the Government of India has notified 16.1.2014 as the effective date for implementation of the Lok Pal and Lok Ayukta Act, 2013; And whereas, the Government of Mizoram has drafted the Mizoram Lok Ayukta Bill 2014 and held wide consultations with various NGOs, Political parties and prominent citizens and on t he strength o f the resolution adopted by the consultations, a drafting committee consisting of various stakeholders, prominent citizens and academicians besides Government officials was constituted which scrutinized and improved the Bill from various inputs and suggestions and made the Bill ready for its introduction in the Legislat ive Assembly; And whereas t he Government o f Mizoram has decided that the Bill be published in the Mizo ram Gazette inviting further comments, suggestions for improvement or objections if any on the provisions of t he Bill from the public; and it is her eby informed that such comments, suggestio ns o r o bject io ns if any shall be submitted to the Secretary to the Government of Mizoram Law & Judicial Department Room No.014 & 015 New Secretariat Complex, Khatla within a period of one month (30 days) from the date of publication of this Bill in the Gazette; Accordingly, the Mizoram Lok Ayukta Bill, 2014 is hereby published as follows, namely :- The Mizoram Lok Ayukta Bill, 2014 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Tuesday 5.8.2014 Sravana 14, S.E. 1936, Issue No. 398 Chapter-I PRELIMINARYSections 1.Short Title a nd extent of the Act 2.Definitions Chapter II ESTABLISHMENT OF LOKAYUKTA3.Body of Lokayukta 4.Constitution of Selection and Sear ch Committee 5.Appointment of Chairperson & Members 6.Term of the Chairperson and Members 7.Sala ry and Allowances of Cha irperson and Members 8.Chairperson and Members – Ba r from r e-employment 9.Member taking Char ge of Chairperson 10. Appointment of Secretary to the Lokayukta, Dir ector of Inquiry and Prosecution, Officers and Staff of Lokayukta Chapter III CONSTITUTION OF DIRECTORATE OF INQUIRY,INVESTIGATION ANDPROSECUTION11. Constitution of Directorate Chapter IV EXPENSES OF LOKAYUKTA12. Expenses of Lokayukta Chapter V JURISDICTION IN RESPECT OF INQUIRY13. Jurisdiction in r espect of Inquiry 14. P ending ca ses 15. Constitution of Bench 16. Distribution of Business 17. Transfer of pending case 18. Refer ence to Chairperson Cha pter VI PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION19. Procedure in respect of Preliminar y Inquir y and Investiga tion 20. Inqu iry int o the C onduct of Person other than the Accused. 21. Furnishing of information and Documents 22. Sanction not necessary 23. Filing of Case 24. Transparency in Lokayukta organiza tion- 2 - Ex-398/2014 Chapter VII POWERS OF LOKAYUKTA25. Powers of Loka yukta 26. Sear ch and Seizure of Documents, 27. Exercise of powers of Civil C ourt 28. Utilization of Service of Officer/Agency of the Government 29. Atta chment of Property 30. Confirmation of Attachment by Special Court 31. Transfer or Suspension of Public Servant 32. Power for P reserva tion of Documents 33. Delegation of Power Chapter VIII CONSTITUTION OF SPECIAL COURT34. Constitution of Special Court 35. Proc edure for letter of Request Chapter IX COMPLAINT AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OFLOKAYUKTA36. Complaint a gainst Chairperson, Members a nd Officials of Lokayukta 37. Complaint Against officials of Lokayukta Chapter X ASSESSMENT OF LOSS AND RECOVERY THEREOF BY THE SPECIAL COURT38. Assessment of loss and recovery thereof by the Special C ourt Chapter XI FINANCE, ACCOUNTS AND AUDIT OF LOKAYUKTA39. Fina nce, Accounts and Audit of Lokayukta 40. Provision of Fund 41. Maintenance of Accounts 42. Furnishing of Returns and Statements Chapter XII DECLARATION OF ASSETS43. Declaration movable & immovable of Assets 44. Failure to Declare Assets or giving misleading informa tion Chapter XIII OFFENCES AND PENALTIES45. Offences and P ena lties 46. Offences by Society, Association or Trust- 3 -Ex-398/2014 Chapter XIV REPORT TO GOVERNOR & MISCELLANEOUS47. Repor t to Governor 48. Protection of Public Servant Against things done in good faith 49. Protection of Loka yukta or Officials of Lokayukta 50. Chairpersons, Members and Official to be public servant 51. Bar of Civil Court jurisdiction 52. Provision of Legal Assistant 53. Provision to have overriding effect 54. Act not in derogation of other laws 55. Power to punish for cont empt 56. Whistle Blower Protection 57. Power to make Rules 58. Power to make Regulations 59. Rule and Regulation to be laid b efore the Assembly 60. Power to remove difficulties.- 4 - Ex-398/2014 THE MIZORAM LOKAYUKTA BILL, 2014 A BILL to provide for the establishment of a body of Loka yukta for the State of Mizoram to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India established a Democratic Republic to ensure justice for all; WHEREAS the Government’s commitment to clean and responsive governance has to be reflected in effective bodies to contain and punish acts of corruption; NOW, THEREFORE, it is expedient to enact a law to provide for pr ompt and fair investigation and prosecution in cases of corruption. BE it enacted by Mizoram Legislative Assembly in the Sixty-fifth Year of the Republic of India as follows, namely :— CHAPTER –I PRELIMINARY1 . Short Title, extent and commencement (1) This Act may be called the Mizoram Lokayukta Act, 2014. (2) It extends to the whole of Mizor am.. (3) It shall come into force on such date as the Government may, by notification in t he Official Gazette, appoint. 2.DEFINITIONS:(1) In this Act unles s the context other wis e r equir es,— ( a) “Action”means any action including administrative action taken by way of decision, recommendation or finding or in any other manner and includes willful failure or omission to act and all other express ions relating to such action shall be cons trued accordingly. (b) “Bench” means a Bench of the Lokayukta; ( c) “Cha irperson” means the Cha irperson of the Lokayukta; ( d) “Competent a uthorit y”, in relation to— (i) the Chief Minister, means the Governor of Mizoram; (ii) a member of t he C ou ncil of M inis t er s a nd Pa r lia ment a r y S ecr et a r ies mea ns t he Chief M i ni s t er ; (iii) a member of State Legisla ture ot her than a Minister means t he Spea ker ; (iv) an officer in the Department of the State Government means the Minister in charge of the Department under which such 0fficer is serving; (v) a chairperson or members of any body, or Board or cor poration or authority or company or society or autonomous body (by whatever name called) established or constit uted under an Act of Par liament or of a State Legisla ture or wholly or par tly fina nced by the Government of Mizoram or controlled by it, means the Minister in charge of the administrative Department of such body, or Board or corporation or authority or company or society or autonomous body; ( vi) an officer of any b ody or Board or corpora tion or authority or company or society or autonomous body (by whatever name called) establis hed or constituted under an Act of Parliament or of a State Legislature or wholly or partly financed by the State Government or controlled by it , means the head of such body or Boa rd or corporation or a uthorit y or company or society or autonomous body;- 5 -Ex-398/2014 ( e) “Complaint” means a complaint, in a pla in paper alleging tha t a public servant ha s committed an offence p unishable under the Pr evention of Corruption Act, 1988; (f) “Cor ruption” includes anything made punishable under Prevention of Corr uption Act, 1988 or under the Indian Penal Code (Act 45 of 1860 ) (g) “Government” means the Government of Mizoram (h) “Investigation” means an investigation defined under clause (h) of section 2 of the Code of Criminal Procedure, 1973; ( i)“Judicial Member” means a Judicial Member of the Lokayukta appointed as such; ( j)“Lokayukta” means the body establis hed under section 3; ( k) “Member” means a Member of the Lokayukta; ( l)“Minister” means Minister of the State Government of Mizoram but does not include the Chief Minister; ( m) “Notification” means notification published in the Official Ga zette a nd the expression “notify” shall be construed accordingly; (n) “Preliminary inquir y” means an inquiry conducted under this Act by the Lokayukta before proper investigation; (o) “Prescribed” means prescribed by rules made under this Act; (p) “Public servant” means a person r eferred to in clauses (a) to (g) of sub-section (1) of section 14 but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other author ity under the Army Act , 1950, the Air Force Act, 1950, the Navy Act, 1957 and the Coast Guard Act, 1978; (q) “Rules” means rules made under this Act; (r ) “Regulations” means regula tions made under this Act; (s) “Schedule” means a schedule appended t o this Act; (t ) “Search Committee” means a body of persons constituted under sub-section (3) of section 4 of this Act. (u) “Special Court” means the court of a Special Judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act, 1988; (v) “State” means State of Mizoram; ( w) “Whistleblower” means any person who pr ovides factual informa tion with substance a bout corr uption in a public authority or is a witness or victim in a case of cor ruption before the Loka yukta or who faces the treat of (i) Professional harm, including but not limited to illegitimate tr ansfer, denial of promotion, denial of appropria te perquisites, departmental proceedings, discrimina tion or (ii) physical harm, or (iii) is a ctually subjected to any harm; because of either making a compla int to the Lokayukta under this Act, or by any other legal action aimed at p reventing or exposing curruption. (2) The words a nd expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988 and the Indian Penal Code shall have the meanings respectively assigned to them in that Act. CHAPTER -II ESTABLISHMENT OF LOKAYUKTA3 . Body of Lokayukta: ( 1) As from the commencement of this Act, there shall be established in the St ate of Mizoram, by notification in the Official Gazette, a body to be called the “Lokayukta” who would have administrative, financial and functional independence from the government. ( 2) The Lokayukta shall consist of—- 6 - Ex-398/2014 (a) a Chairperson, who is or has been a Chief Justice of the High Court or a Judge of the High Court or a person qualified to be a High Court Judge or a person who fulfils the eligibility specified in clause (a) or ( b) of sub-section ( 3); and ( b) such number of members, not exceeding thr ee including the Chair person, out of whom one shall be Judicial Member: ( 3) A person shall be eligible to be appointed,— ( a) as a Judicial Member if such person (i) is qualified to be a High Court Judge, or (ii) has a va st knowledge of law and experience in judicial matters or cou rts; ( b) as a Member other than a Judicial Member, if he is a person of impeccable integrity, outstanding ability having specia l knowledge and expertise of not less than t wenty years in the matters relating t o anti-corruption policy, public administr ation, vigilance, finance including insurance and banking, law, and management; (c ) A person appointed as chair person or member of Lokayukta shall, before entering upon his office, make and subcr ibe before the Governor, an oath or affirma tion in the for m as pres cribed/ set ou t in the Schedule. ( 4) The Chairperson or a Member sha ll not be— (i) a member of Parlia ment or a member of the Legislature of any State or Union territ ory; (ii) a person convicted of any offence involving mora l turpit ude; (iii) a member of any Autonomous District Council, Villa ge Council or Municipality; (iv) a person who has been removed or dismissed from service of the Union or a State, and shall not hold any office of trust or profit (other than his/her office as the Cha irperson or a Member) or been affiliated with any political party or carry on any business or practice any profession and accordingly, before he/she enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if— (a) he holds any office of trust or pr ofit, r esign from such office; or ( b) he is carrying on any business, sever his connection with the conduct and mana gement of such business; or ( c) he is practicing any profession, cease to practice such profession. 4 . Constitution of Selection and Search Committee: ( 1) The Chairperson and Members shall be appointed by the Governor after obtaining the recommendations of a Selection Committee consisting of— ( a) the Chief Minister—Chairperson; (b) the Speaker of the Legisla t ive Assembly—Member; ( c) the Leader of Opposition or Leader of Opposition Group in the Legislative Assembly— M emb er ; ( d) the Chief Justice of the Gauhati High Court or any Judge nominated by him—Member ( 2) No appointment of a Cha irperson or a Member sha ll be invalid merely by reason of a ny vaca ncy in the Selection Commit tee. ( 3) The Selection Committee shall for the pur poses of selecting the Chairperson and Members of the Lokayukta and for preparing a panel of persons to be considered for appointment as such, cons titute a Search Commit tee cons isting of at least five persons having special knowledge and expertise in the matters relating to a nti-cor ruption policy, public administration, vigila nce, policy making, finance including insura nce and banking, law, and ma nagement, or in any other matter which, in the opinion of the Selection Committee, may be useful in making selection of the Chairperson and Members of the Lokayukta. Provided that not less tha n fifty percent of the Members of the Sear ch Committee shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women a s the ca se may be ;- 7 -Ex-398/2014 (4) The Selection Committee shall follow the procedure pr escribed in the Rules for selecting the Chairperson and Members of the Lokayukta. (5) The term of the Search Committee r eferred to in sub-section ( 3), the fees a nd a llowances paya ble to its members and the manner of selection of panel of names shall be such as may be pr escr ibed. 5 . Appointment of Chairperson and Members: The Governor shall take or cause to be taken all necessary steps for the appointment of a new Chairperson and Members at least three months before the expiry of the term of such Chairperson or Member, as the case may be, in accordance with the procedure laid down in this Act. 6 . Term of the Chairperson and Members: The Chairperson and every Member shall, on the recommendations of the Selection Committee, be appointed by the Governor by warra nt under his ha nd and seal and hold office as such for a term of five years or till attaining the age of 70 year s whichever is earlier from the date on which he enters upon his office ; Provided that he may— ( a) by writing under his hand address ed to the Gover nor, resign his office; or ( b) be r emoved from his office in the manner provided in this Act. 7 . Salary and Allowances of Chairperson and Members: The salary, allowa nces and other conditions of service of— ( i) the Chairperson sha ll be the same as those of the Chief Justice of the High Court; ( ii) other Members shall be the same as those of a Judge of the High Court: Provided that if the Chair person or a Member is , at the time of his/her appointment, in receipt of pension (other than disabilit y pension) in r espect of any previous service under the Government of India or under the Government of a State, his sa lary in respect of service as the Chairperson or, as the case may be, as a Member, be reduced— ( a) by the amount of that pension; and ( b) if he has, before such appointment, received, in lieu of a por tion of the pension due to him in resp ect of such pr evious service, the commuted value thereof, by the amount of that portion of the pension: Provided fur ther that the salary, allowances and pension payable to, a nd other conditions of service of the Chairperson or a Member shall not be va ried to his disadvanta ge after his appointment. 8 . Chairperson and Members –Bar from re-employment: ( 1) On ceasing to hold office, the Cha irperson and every Member shall be ineligible for— ( i)re-a ppointment as the Cha irperson or a Member of the Lokayukta; ( ii) any diplomatic assignment, appointment as administrator of a Union territory and such other assignment or appoint ment which is r equired by law to be made by the Governor by warrant under his hand and seal; ( iii) further employment to any other office of profit under the Government of India or the Government of a State; ( iv) cont esting a ny election of President or Vice President or Member of either House of Parliament or Member of a State Legislature or Autonomous District Council or Municipalit y or Village Council or Panchayat within a period of five years fr om the date of relinquishing the post.- 8 - Ex-398/2014 (2) Notwithstanding anything contained in sub-section ( 1), a Member shall be eligible to be appointed as a Chairperson, if his total tenure as Member a nd Chair person does not exceed five years. Explanation .— F or the purposes of this section, it is hereby clarified tha t where the Member is appointed as the Chairperson, his/her term of office shall not be more than five year s in aggregate as the Member a nd the Chairperson. 9 . Member taking Charge of Chairperson: ( 1) In t he event of occurrence of any vacancy in the office of the Chairperson by reason of his /her death, resignation or otherwise, the Governor may, by notification, authorize the senior-most Member to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy. ( 2) When the Cha irperson is unable to dischar ge his/her functions owing to absence on leave or otherwise, the senior-most Member available, a s the Governor may, b y notification, authorize in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his/her duties. 10. Appointment of Secretary to the Lokayukta, Director of Inquiry and Prosecution, Officers and Staff of Lokayukta: ( 1) There shall be a S ecretar y to the Lokayukta in the rank of Secretary to the State Government, who shall be appointed by the Cha irperson from a panel of names sent by the Government. (2) There shall be a Director of Inquiry and Prosecution not below the rank of the Additional Secr etary to the State Government or equivalent, who sha ll be a ppointed by the Lokayukta. ( 3) The appoint ment of officers and staff of the Lokayukta shall be made by the Lokayukta. Provided that the Governor may by rule require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the State Public Service Commission. ( 4) Subject to the provisions of any law made by the State Legislature, the conditions of service of secr etary and other officers and staff of the Lokayukta shall be such as may be specified by regulations made by the Lokayukta for the purpose: Provided tha t the regulations made under this sub-section shall, so fa r as they relate to sala ries, a llowances, leave or pensions, require the approva l of the Gover nor. CHAPTER- III CONSTITUTION OF DIRECTORATE OF INQUIRY/INVESTIGATION ANDPROSECUTION11. Constitution of Directorate: ( 1) The Lokayukta shall, by notification, constitute Directorate of Inquiry/ Investigation and Prosecution headed by the Director for the purpose of prosecution of p ublic s ervants in relation to a ny complaint before the Lokayukta under this Act: Provided that till such time the Directorate is constituted by the Lokayukta, the State Government shall make available s uch number of officers and other sta ff from such of its Depa rtments including Anti Corruption Bureau (ACB) as may be required by the Lokayukta, for conduct ing prosecution under this Act. ( 2) The Director shall, after having been so directed by the Loka yukta, file a case in accordance with the findings of the investiga tion report, before the Specia l Court. All necessary steps shall be taken by the Public P rosecutor appointed by Lokayukta for Pr osecution of t he offence punishable under the Prevention of Corruption Act, 1988. ( 3) The report under sub-section ( 2) shall be deemed to be a report, filed on completion of investigation, referred to in section 173 of the Code of Criminal Procedure, 1973. ( 4) For the purposes of assisting the Lokayukta in conducting a preliminary inquiry or investigation under this Act, the officers of this Directora te shall have the same powers as ar e conferred upon the Lokayukta under section 27.- 9 -Ex-398/2014 CHAPTER –IV EXPENSES OF LOKAYUKTA12. Expenses of Lokayukta The administrative expenses of t he Lokayukta, including all salaries, allowances a nd pensions paya ble to or in r espect of the Chairperson, Members or secr etary or other officers or staff of the Loka yukta, shall be charged upon the Consolidated Fund of State and any fees or other moneys t aken by the Lokayukta shall form part of that F und. CHAPTER –V JURISDICTION IN RESPECT OF INQUIRY13 . Jurisdiction in respect of Inquir y: (1) Subject to the other provisions of thisAct, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of cor ruption ma de in a compla int or in a case initiated on its own motion in r espect of the following, namely:— ( a) any person who is or had been a Chief Minister, Speaker and Deputy Speaker; ( b) any other person who is or had been a Minister of the State; ( c) any person who is or had been a Member of the State Legislature; ( d) all officers and employees of the State, from a mongst the public servants defined in sub-clauses ( i) a nd ( ii) of cla u s e ( c) of section 2 of the Prevention of Corruption Act, 1988 when ser ving or who had served, in connection with the affairs of the State; ( e) all officers and employees referr ed to in clause ( d) or equivalent in a ny body or Boar d or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of Pa rliament or of a State Legislature or wholly or partly financed by the State Gover nment or controlled by it when serving or who had been such officer or employee. ( f) any person who is or has been a director, manager, secretary or other officer of every other society or a ssociation of persons or trust (whether registered under any law for the time being in force or not), by whatever na me called, wholly or partly financed or aided by the State Government and the annual income of which exceeds such amount as t he State Government may, by not ification, specify; ( g) any person who is or has been a director, manager, secretary or other officer of every other society or a ssociation of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from the public and the annual income of which exceeds such amount as the State Gover nment may by notifica tion specify or from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakhs rupees in a year or such higher amount as the Central Government may, by notification, specify; Explanation. —For the purpose of clauses ( f) and ( g), it is hereby cla rified that any entity or institution, by whatever na me called, corporate, society, trust, associa tion of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities cover ed in t hose clauses: Provided tha t any person r eferred to in t his cla use shall be deemed to be a public servant under clause ( c) of section 2 of the Prevention of Cor ruption Act, 1988 and the provisions of that Act shall apply accordingly. ( 2) Notwithstanding anything conta ined in sub-section ( 1), the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allega tion of corruption aga inst- 10 - Ex-398/2014 any Member of the State Legislature in respect of anything sa id or a vote given by him in the State Legislature or any committee thereof covered under the provisions contained in clause (2) of article 194 of the Constitution. ( 3) The Lokayukta may inquire into a ny act or conduct of any person other than those referred to in sub-section ( 1), if such p erson is involved in the act of abetting, br ibe giving or bribe ta king or conspira cy relating to any allegation of cor ruption under the Prevention of Corr uption Act, 1988 against a person referred to in sub-section ( 1): Provided tha t no pr osecution under this Act shall be initiated against the person serving under the Central Government without obtaining approval from competent a uthorit y of Central Government. ( 4) No matter in respect of which a complaint has been made to the Lokayukta under this Act shall be referred for inquiry under the Commissions of Inquiry Act, 1952. Explanation .—For the r emoval of doubts, it is hereby decla red that a complaint under this Act shall only relate to a period during which the public servant was holding or serving in that capacity. 14. Pending cases: Any matter or proceeding relating to allegation of corruption under the Prevenction of Corruption Act, 1988 pending before any agency or a uthorit y prior to commencement of this Act shall s tand transferred to the Lokayukta excepting cases pending before the court. 15. Constitution of Bench: ( 1) Subject to t he provisions of this Act, — ( a) the jurisdiction of the Lokayukta may be exercised by benches thereof; ( b) a bench may be cons tituted by the Chairperson consisting of such number of Members as the Chair person may deem fit; ( c) where a bench consists of t he Chairperson, such b ench shall be presided over by the Chairperson; ( d) where a bench cons ists of a Judicial Member, a nd a non-Judicial Member, not being the Chairperson, such bench shall be presided over by the member who is senior to the other; ( e) the benches of the Lokayukta shall ordinarily s it at Aizawl a nd at such other places as the Lokayukta may decide. ( 2) Notwithstanding anything contained in sub-section ( 1), the Chair person shall ha ve the power to constitute or reconstitute benches from time to time. ( 3) If a t any s tage of the hearing of any ca se or matter it appears to t he Chair person or a Member that the ca se or matter is of such nature that it ought to be heard by a bench consisting of all the Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such bench as the Chairperson may deem fit. 16. Distribution of Business: Wher e benches are constit uted, t he Chairperson may, from time to time, by notification, make provisions as to the distr ibution of the business of the Lokayukta amongst the benches and also provide for the matters which may be dealt with by each bench. 17. Transfer of pending case: On an application for transfer ma de by the complainant or the public servant, the Chairperson, after giving an op portunity of b eing heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other bench.- 11 -Ex-398/2014 18. Reference to Cha irperson: If the Members of a bench consisting of a n even number of Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself and such p oint or points shall be decided by him. CHAP TER-VI PROCEDURE IN RESPECT OF PRELIMINARY AND INVESTIGATION19. Procedure in respect of Preliminary Inquiry and Investigation: (1) The Lokayukta shall, on its own motion or on r eceipt of a complaint , first decide whether to proceed in t he matter or close the same and if the Lokayukta decides to proceed further, it shall order the preliminary inquiry aga inst any public servant by its Inqu iry Wing or any agency (including any sp ecial investigation agency) to ascertain whether there exist a prima fa cie case for proceeding in the matter. ( 2) During the preliminary inquiry referred to in sub section ( 1), the Inquir y Wing or any agency shall conduct a preliminary inquir y and on the ba sis of material, information a nd documents collected, submit within seven da ys from the date of r eceipt of the reference, a report to the Lokayukta. ( 3) A bench consisting of at least two Members of the Loka yukta shall consider every report received under sub-section ( 2) fr om the Inquir y Wing or any a gency and aft er giving an opportunity of being heard to the public servant, decide as to whether there exists a prima facie case, and make recommendations to proceed with one or more of the following actions, namely:— ( a) investigation by any agency (including a ny special investigation agency); ( b) any appropr iate act ion aga inst the concerned public servants by the competent author ity; ( c) closure of the proceedings against the public servant. ( 4) Every preliminary inquiry referred to in sub-section ( 1) shall ordinarily be completed within a period of 7 (seven)days fr om the date of receipt of the compla int. ( 5) In case the Lokayukta decides to proceed to investigate into the complaint, it shall direct any investigation agency (including any special agency) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months fr om the date of its order: Provided that the Lokayukta may extend the said period by a further period not exceeding three months at a time for the reasons to be recorded in writ ing. ( 6) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any investigation a gency (including any special a gency) shall, in respect of cases referred to it by t he Lokayukta, submit the investigation repor t to the Lokayukta. ( 7) A bench consisting of at least two Members of the Loka yukta shall consider every report r eceived b y it u nder s u b-s ect ion ( 6) from any investigation agency (including any special agency) and may, decide as to— ( a) file charge-sheet or closure report before the Special Court against the public servant; ( b) any appropr iate act ion aga inst the concerned public servants b y the competent author ity. ( 8) The Lokayukta may, after taking a decision under sub-section ( 7) on the filing of the chargesheet, direct – ( a) its prosecution Wing to initiate prosecution in the Special Court in r espect of the cases investigated by the investigation agency (including any special agency); or ( b) any other a gency in respect of the cases investigated by such agency on the direction of Loka yukta to obtain its approval and thereafter initiate prosecution in the Special C ourt and forward a copy of char ge-sheet filed by it under this clause to the Lokayukta for the purp oses of superintendence .- 12 - Ex-398/2014 (9) The Lokayukta may, during the preliminary inquiry or the investigation, as the case may be, pass appropr iate orders for the safe custody of t he documents r elevant to the preliminary inquiry or, as the case may be, investigation, as it deems fit. ( 10 ) The Lokayukta may retain the original r ecords and evidences, which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court. ( 11 ) Save as otherwise provided, the ma nner and procedure of conducting a preliminar y inquir y or investigation (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specified by r egulations. 20. Inquiry into the conduct of person other than the accused: If, at any stage of the proceeding, the Lokayukta— ( a) cons iders it necessary to inquire into the conduct of any person other than the accused; or ( b) is of opinion that the reputation of any person other than a n accused is likely to be pr ejudicially affected by the pr eliminar y inquir y, the Loka yukta shall give t o that person a reasonable opportunity of being hear d in the preliminary inquiry and to produce evidence in his defence, consistent with the principles of natur al justice. 21. Furnishing of Information and Documents: Subject to the provisions of this Act, for the pur pose of any pr eliminary inquiry or investigation, the Lokayukta or the investigating authority, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such document. 22. Sanction not necessary: ( 1) No sanction or appr oval of any authority shall be requir ed by the Lokayukta for conducting investigation by any agency in respect of the ca ses investigated by such agency on the direction of t he Loka yukta, under section 197 of the Code of Cr iminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, as the case may be, for the purpose of making preliminary inquiry by the Inquiry Wing or investigation by any agency into any complaint against any public serva nt or for filing of any charge sheet or closure report on completion of investiga tion in r espect thereof before the Special Court under this Act. ( 2) A Special Court may, notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Cor ruption Act, 1988, on filing of a charge sheet on completion of investigation, by the Lokayukta or any officer author ised by it in this behalf, take cognizance of offence commit ted by any public servant. ( 3) Nothing contained in sub-sections ( 1) and ( 2) shall apply in r espect of the persons holding the office in pursuance of the provisions of the Constitution and in respect of which a procedure for removal of such person has been specified therein. ( 4) The provisions contained in sub-sections ( 1), ( 2) and ( 3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause ( c) of clause ( 3) of Article 320 of the Constitution. 23 . Filing of Ca se: Wher e after the conclusion of t he investigation by any agency, the findings of the Lokayukta disclose the commission of an offence under the Prevention of Corruption Act, 1988 and Indian P enal Code relating to corruption by a public servant referr ed to in clause ( a) or clause ( b) or clause ( c) or clause (d) or clause (e) or clause (f) or clause (g) of sub-section ( 1) of section 13, the Lokayukta may file a case in the Special Court and sha ll send a copy of the report together with its findings to the competent authority.- 13 -Ex-398/2014 24. Transparency in Lokayukta organization: The Lokayukta shall maintain complete transparency in its functioning and shall ensure that full r ecords of any investigation or inquiry conducted under this Act after its conclusion is made public by being pu t on a public web site. The Lokayukta will also ensure effective implementation of Section 4 of the Right to Information Act , 2005 for transparency within Lokayukta except for items those covered under Section 8 of the Right to Information Act, 2005. CHAPTER- VII POWERS OF LOKAYUKTA25. Powers of Lokayukta: The Lokayukta shall, notwithstanding anything contained in any other law for the time being in force, have the powers – (a ) to initiate suo moto appropriate action under this Act against any public servant who is alleged to have involved in any act of corruption; (b) to exercise superintendence over day to day works of the Lokayukta and give direction to the investigating officers for the smooth and proper investigation and after completion of the investigation; (c) to prosecute the accused before the special court, and also to recommend punishment of dismissal, r emoval or reduction in rank a nd also impose recovery of the loss caused to the public against the erring public servants after giving them full apportunities of b eing heard. The recommendation sha ll be executed by the appointing authority of the Government within 6(six) months. In the event of non-execution on the part of the concerned department the reason for non- execution is to be laid before the Mizoram State Assembly. While recommending any action Lokayukta will duly consider distinction between bonafide action and an action with mala fide intention, and also judgement of error with and without ill-motive; (d) to ensure the integrity of its functionaries and impose on defaulters punishment either of dismissal, removal or reduction in r ank as found deemed fit; ( e) to ensure proper prosecution of cases before Court est ablished by competent author ity; (f) to compound the offence of corruption either(i) by seizing and confiscating all the assets and properties which are known a nd admitted that they have been accumulated by means of corr upt practices b y the erring public servant; or (ii) by making an order compelling thereby the defa ulting public serva nt to recover the entire amount of loss to the public treasury within a specified time. 26. Search and Seizure of Documents, Articles and Retention thereof: ( 1) If the Lokayukta has reason to believe that any document or articles as the case may be which, in it s opinion, sha ll be useful for, or relevant to, any investigation under this Act, are secr eted in any place, it may authorise any agency to whom the investigation has been given to sear ch for and to seize such documents/ articles as per the provision of Cr Pc. ( 2) If the Loka yukta is satisfied that any document or article seized under sub-section ( 1) may be used as evidence for the purpose of any preliminary inquiry or investigation or trial under this Act and tha t it shall be necessa ry to r etain the document or article in its custody or in the custody of such officer as may be authorised, it may so retain or direct such authorised officer to retain such document or article till the completion of such preliminary inquiry or investigation or trial. Provided that wher e any document or article is requir ed to be retur ned, the Lokayukta or the authorised officer may return the same after retaining copies of such document or seized article duly authentica ted.- 14 - Ex-398/2014 27 . Exercise of powers of Civil Cour t: (1) Subject to the provisions of this section, for the purpose of any preliminary inquiry and investigation, the Lokayukta shall have a ll the powers of a civil cour t, under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:— ( i) summoning a nd enforcing the attendance of any person a nd examining him on oath; ( ii) requiring the discovery and production of any document or article ( iii) receiving evidence on affidavits; ( iv) requisitioning any public record or copy thereof from a ny court or office; ( v) issueing commissions for the examination of witnesses or documents/ articles Provided that such commission, in case of a witness, shall be issued only where the witness, in the opinion of the Lokayukta, is not in a position to attend the proceeding befor e the Lokayukta; and ( vi) such other matters as may be prescribed. ( 2) Any proceeding before the Lokayukta shall be deemed to be a judicial pr oceeding within the meaning of section 193 of the Indian Penal Code. 28. Utilisation of Service of Officer/ Agency of the Government: ( 1) The Lokayukta may, for the purpose of conducting any preliminary inquir y or investigation, utilise the services of any officer or organisation or investigation agency of the State Government or the Central Gover nment including Centr al Bureau of Investiga tion (CBI). ( 2) For the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry or investigation, any officer or organization or agency whose services are utilised under sub- section ( 1) ma y, subject to the direction and control of the Lokayukta,- ( a) summon and enforce the attendance of any person and examine him; ( b) require the discovery and production of any document; and ( c) requisition any public record or copy thereof from any office. ( 3) The officer or organization or a gency whose ser vices a re utilised under sub-section ( 2) shall inquire or, as the case ma y be investigate into any matter pertaining to the preliminary inquiry or investiga tion and submit a report thereon to the Loka yukta within su ch period as may be specified by it in this behalf. 29. Attachment of property: ( 1) Wher e the Lokayukta or any investigation officer author ized by it in this behalf, ha s reason to believe, the reason for such belief to be recor ded in writing, on the basis of material in his possession, that— ( a) any person is in possession of any proceeds of corruption; ( b) such person is accused of having committed an offence r elating to corr uption; and ( c) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may r esult in frustr ating any proceedings relating to confiscation of such proceeds of offence, he ma y, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the or der. (2) The Lokayukta shall, immediately after attachment under sub-section ( 1), forward a cop y of the order, along with the material in his possession, referred to in that sub-s ection, to the Special Court, in a sealed envelope, in the manner as may be prescribed and such Court may ext end the order of a ttachment and keep such material for such period a s the Cou rt may deem fit. ( 3) Every order of attachment made under sub-s ection ( 1) s ha ll cease to ha ve effect a fter the expiry of t he period specified in that sub-section or after the exp iry of the period as directed by the Special Court under sub-section ( 2). ( 4) Nothing in this section s hall pr event the person inter ested in the enjoyment of the immovable property attached under sub-section ( 1) or sub-section ( 2), from such enjoyment. - 15 -Ex-398/2014 Explanation. —For the purposes of this sub-section, “person interest ed”, in relation to any immovable property, includes all persons claiming or entitled to claim a ny interest in the property. 30. Confirmation of attachment by Special Court: ( 1) The Lokayukta, when it pr ovisionally attaches a ny property under sub-section ( 1) of section 29 shall, within a period of thirty days of such atta chment, direct its pr osecution wing to file an application stating the facts of such atta chment before the Special Cour t and make a pr ayer for confirmation of attachment of the property till completion of the proceedings against the public servant in the Special Court. ( 2) The Special Court may, if it is of the opinion t hat the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment of such property till the completion of the proceedings a gainst the public servant in the Special Court. ( 3) If the public serva nt is subsequently acquitted of the charges framed against him, the property, subject to the orders of the Special Court, sha ll be r estored to the concerned public servant along with benefits from such pr operty as might have accrued during the period of attachment. ( 4) If the public servant is subsequently convicted of the charges of corruption, the property and the proceeds thereon relatable to the offence under the Prevention of C orruption Act, 1988 shall be confiscated and vest in the Government free fr om a ny encumbra nce or leasehold interest excluding any debt due to any bank or financial institution. Explanation. —For the purposes of this sub-section, the expr essions “bank”, “debt” and “financial institution” sha ll have the meanings r espectively assigned to them in clauses ( d), ( g) and ( h) of section 2 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. ( 5) Without prejudice to the provisions of sections 29 and 30, where the S pecial Court, on the basis of prima facie evidence, has reason to believe or is satisfied that the assets, proceeds, receipts and benefits, by whatever name called, have ar isen or procur ed by means of corruption by the public serva nt, it may authorize the confiscation of such assets, proceeds, receipts and benefits till his acquittal. ( 6) Wher e an order of confiscation made under sub-section ( 1) is modified or annulled by the High Court or Supreme Court or where the public servant is acquitted by the Special Court, the assets, proceeds, r eceipts and benefits, confiscated under sub-section ( 1) shall be returned to such public servant, and in case it is not possible for any reason to r eturn the assets, proceeds, receipts and benefits, such public servant shall be paid the pr ice thereof including the money so confiscated with t he interest at the ra te of five per cent. per annum thereon calculated from the date of confiscation. 31. Transfer or Suspension of Public servant: Where the Lokayukta, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available, that— ( a) the continuance of the public servant referred to in clause ( d) or clause ( e) or clause (f) of sub-section ( 1) of section 14 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; or ( b) such public servant is likely to destroy or in any wa y tamper with the evidence or influence witnesses, then, the Lokayukta may recommend to the State Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in t he order. 32. Power for Preservation of Documents: The Lokayukta may, in discharge of its functions under this Act , issue appropriate directions to a public servant entrusted with the preparation or cu stody of any document or record—- 16 - Ex-398/2014 (a) to protect such document or recor d from destruction or damage; or ( b) to prevent the public serva nt from altering or secreting such document or record; or ( c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means. 33. Delegation of P ower: The Lokayukta may, by general or specia l order in writing and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its Members or officers or employees as may be specified in the or der. CHAPTER-VIII CONSTITUTION OF SPECIAL COURT34. Constitution of Special Court: (1) The State Government shall constit ute such number of Special Courts as recommended by the Loka yukta, to hear and decide the cases ar ising out of the Prevention of CorruptionAct, 1988 or under this Act. (2) The Special Courts constit uted under sub-section (1) sha ll ensur e completion of each t rial within a period of one year from the date of filing of the case in the Court: Provided that in case the trial cannot be completed within a period of 12 months, the Special Court shall record r easons thereof and shall make all efforts to complete the tr ial within another period of six months. 35 . Procedure for letter of Request: (1) Notwithstanding any thing contained in this Act or the Code of Criminal Procedure, 1973 if, in the course of a pr eliminar y inquiry or investigation into an offence or other proceeding under this Act, a n application is made to a Special Court by an officer of t he Loka yukta authorized in this behalf that any evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act and he is of the opinion that such evidence ma y be available in any place in a contra cting State, and the Special C ourt, on being satisfied that such evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act, may issue a letter of request to a cou rt or a n authority in the cont racting State competent to deal with such request to— (i) examine the facts and cir cumstances of the case; (ii) take such steps as the Special Court may specify in such letter of request; and (iii) forward all the evidence so taken or collected to the Special Court issuing such letter of request. (2) The letter of request sha ll be transmit ted in s uch manner as the Government may prescribe in this behalf. (3) Every statement recorded or docu ment or thing received under sub-section (1) shall be deemed to be evidence collected during the cour se of the preliminary inquiry or investigation. CHAPTER – IX COMPLAINT AGAINST CHAIRPERSON,MEMBERS AND OFFICIALS OFLOKAYUKTA36. Complaint against Chairperson, Members and Officials of Lokayukta: (1) The Lokayukta shall not inquire into any complaint made against the Chairperson or any Member.- 17 -Ex-398/2014 (2) Subject to the provisions of sub-section (4), the Cha irperson or any Member shall be removed from his office by order of the Governor on grounds of misbehavior after the Supreme Court, on a reference being made t o it (i)by the Governor; or (ii) by the Governor, on a petition signed by at least two-third members of Mizoram Legislative Assembly, has, on an enquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairperson or such member, as the case ma y be, ought to b e removed on such ground. (3) The Governor may suspend from office the Chair person or any Member in resp ect of whom a reference ha s been made to the S upreme Cour t under sub-section (2), on receipt of t he recommendation or interim order ma de by the Supreme Court in this regard until the Governor has passed orders on receipt of the fina l report of the Supreme Court on such reference. (4) Notwithstanding anything contained in sub-section(2), the Governor ma y, by or der, remove from the office, the Chairperson or any Member if the Chairperson or such Member, as the case may be,— (a ) is a djudged an insolvent; or (b) engages, dur ing his term of office, in any paid employment outside the duties of his office; or (c ) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body. (5) If t he Chair person or any Member is, or becomes, in any way concerned or interested in any cont ract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated compa ny, he shall, for the purposes of sub-section (2), be deemed to be guilt y of misbehaviour. 37.Compla int a ga inst officia ls of Lokayukta: (1) Every compla int of allegation or wrong doing made against any officer or employee or agency associated with the Lokayukta for an offence punishable under t he Prevention of Corruption Act, 1988 shall be dealt with in accorda nce with the p rovisions of this section. (2) The Lokayukta shall complete the inquiry into the complaint or allegation ma de within a period of thirty days from the date of its receipt. (3) While making an inquiry int o the complaint against any officer or employee of t he Lokayukta or a gency engaged or associated with the Lokayukta, if it is prima fa cie satisfied on the basis of evidence available, that— (a) continuance of such officer or employee of the Lokayukta or agency engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adversely; or (b) an officer or employee of the Loka yukta or agency engaged or associated is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Loka yukta ma y, by order, suspend such officer or employee of the Lokayukta or divest such agency engaged or associated with t he Loka yukta of all powers and responsibilities her eto before exercised by it. (4) On the completion of the inquiry, if the Lokayukta is sa tisfied that there is p rima fa cie evidence of the omission of an offence under the P revention of Corruption Act,1988 or of any wrong doing, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute such officer or employee of the Lokayukta or such officer, employee, a gency engaged or associated with the Lokayukta and initiate disciplinary proceedings against the official concerned: Provided that no such order shall be pa ssed without giving such officer or employee of the Lokayukta, a reasonable opportunity of being heard.- 18 - Ex-398/2014 CHAPTER - X ASSESSMENT OF LOSS AND RECOVERY THEREOF BY THE SPECIAL COURT38. Assessment of Loss and Recovery thereof by the Special Court: If a ny public servant is convict ed of a n offence under the Pr evention of Corruption Act, 1988 by the Special Cour t, notwithstanding and without prejudice to any la w for the time being in force, it may make an assess ment of loss, if any, caused to the public exchequer on account of the actions or decisions of such public servant not ta ken in good fa ith and for which he stands convict ed, and may order recovery of such loss, if possible or qua ntifiable, from such public servant convicted: Provided that if the Special Court, for reasons to be recorded in writing, comes to the conclusion that the loss caused was pursuant to a conspira cy with the beneficia ry or beneficia ries of actions or decisions of the public servant so convicted, then such loss may, if assess ed and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately. CHAPTER XI FINANCE,ACCOUNTS AND AUDIT OF LOKAYUKTA39.Finance, Accounts and Audit of Lokayukta: The Lokayukta shall prepare, in such form and at such time in each financial year as ma y be prescribed, its budget for the next fina ncial year, showing the estimated receipts and exp enditur e of the Lokayukta and forward the same to the Government of Mizora m for in formation. 40 . Provision of Fund: The Government of Mizoram may, after due appropr iation made by Mizora m State Legisla tive Assembly by law in this behalf, ma ke to the Lokayukta gr ants of such sums of money as are required to be paid for the salaries and allowances payable to the Chairperson and Members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the Lokayukta. 41. Maintenance of Accounts: (1) The Lokayukta shall mainta in proper accounts and other relevant recor ds and prepar e an annual statement of accounts in such form as may be prescribed by the Government of Mizoram in consulta tion with the Accountant General of Mizoram. (2) The accounts of the Lokayukta shall be audited by the Accountant General of Mizora m at such intervals as may be specified by him. (3) The Accountant General of Mizoram or any person appointed by him in connection with the audit of the accounts of t he Loka yukta under this Act shall have the same rights, privileges and authority in connection with such audit , as the Accountant General of Mizoram generally has, in connection with the audit of the Government a ccounts and, in particular, s hall have the r ight to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Lokayukta. (4) The accounts of the Lokayukta, as certified by the Accountant General of Mizoram or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government and the State Gover nment s hall cause the same to b e laid b efore Mizoram Legislative Assembly. 42. Furnishing of Returns and Statements: The Lokayukta shall furnish to the State Government, a t such time and in such form and manner as may be pr escribed or as the State Government may request, such returns and statements and such par ticular s in regard to any matter under the jurisdiction of the Loka yukta, as the State Government may, fr om time to time, require.- 19 -Ex-398/2014 CHAPTER – XII DECLARATION OF ASSETS43. Declaration of movable & immovable Assets: (1) Every public servant shall make a declaration of his assets and liabilities in the manner as may be pres crib ed. (2) A public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the informa tion r elating to— (a ) the assets of which he, his spouse and his dependent children are, jointly or severa lly, owners or beneficiar ies; (b) his liabilities and that of his spouse a nd his dependent children. (3) A public servant holding his office as s uch, at the time of the commencement of this Act, shall furnish information relating to such assets and lia bilities, as referred to in sub-section (2), to the competent authority within six months of the coming into force of this Act. (4) Every public servant shall file with the competent authority, on or before the 31st July of every year, an annual return of such a ssets a nd liabilities, as referred to in s ub-section (2), as on the 31st March of that year. (5) The information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to t he competent authority in such form a nd in such manner as ma y be pr escr ibed. (6) The competent authority in respect of each Department sha ll ensu re that all such statements are published on the website of such Department by 31st August of that year.Explanation .—For the purposes of t his section, “dependent children” means sons and daughters who have no separate means of earning and a re wholly dependent on the public servant for their livelihood. 44 . Fa ilure to Decla re Assets or giving misleading infor mation: If a ny public serva nt willfully or for reasons which are not justifiable, fails to— (a) declare his assets ; or (b) gives misleading information in respect of such a ssets a nd is found to be in possession of assets not disclosed or in respect of which misleading infor mation was fur nished, then, such assets shall, unless otherwise pr oved, be presumed to be long to the public servant a nd shall be presumed to be assets acquired by corrupt means: Provided tha t the competent author ity may condone or exempt the public servant from fu rnishing informa tion in respect of assets not exceeding such minimum value as may be pr escr ibed. CHAPTER – XIII OFFENCES AND PENALTIES45. Offences and Penalties: (1) Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexa tious complaint under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees. (2) No C ourt, except a Special Court s hall take cognizance of an offence under sub-section (1). (3) No Special Court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom the false, frivolou s or vexatious complaint was made or by an officer authorized by the Lokayukta.- 20 - Ex-398/2014 (4) The prosecution in relation to an offence under sub-section (1) shall be conducted by the pu blic pr osecutor a nd all expens es connected with such prosecution shall be bor ne by the S ta te Government. (5) In case of convict ion of a person [being an individual or society or associa tion of persons or trust (whether registered or not)], for ha ving made a false complaint under this Act, such person shall be lia ble to pay compensation to the public servant against whom he made the false compla int in addition to the legal expenses for contesting the ca se by such public servant, as t he Specia l Cou rt may determine. (6) Nothing contained in this section shall apply in case of complaints made in good fa ith.Explanation. —For the purpose of this sub-section, the expr ession “good faith” means any act believed or done by a person in good fa ith with due care, caution and sense of responsibility or by mistake of fact believing himself justified by law under section 79 of the Indian P enal C ode. 46. Offences by Society, Association or Trust: (1) Wher e any offence under sub-section(1) of section 45 has been committed by any society or association of persons or trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or trust, for the conduct of the business or affairs or activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be pr oceeded against and punished accordingly: Provided tha t nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without this knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been commit ted by a society or association of persons or trust (whether registered or not) and it is proved that the offence has been commit ted with the consent or connivance of, or is attr ibutable to any neglect on the part of, any director, manager, secretary or other officer of such society or association of persons or trust, such dir ector, ma nager, secretary or other officer sha ll also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. CHAPTER - XIV REPORT TO GOVERNOR & MISCELLANEOUS47 . Repor t to Governor : It shall be the duty of the Lokayukta to present annua lly to the Governor a report on the work done by the Lokayukta and on receipt of such report the Gover nor sha ll cause a copy thereof together with a memorandum explaining, in respect of the cases, if any, where the recommendation of the Loka yukta was not accepted, the reason for such non-a cceptance to be laid before the Mizoram Legislative Assembly. 48 . Pr otection of Public Servant aga inst things done in good faith: No suit, prosecution or other legal proceedings under this Act shall lie against any public servant, in r espect of anything which is done in good fait h or int ended t o be done in the discha rge of his official functions or in exercise of his powers. 49 . Pr otection of Lokyukta or officia ls of Loka yukta: No suit, pr osecution or other legal proceedings shall lie aga inst the Lokayukta or against any officer, employee, agency or any person, in resp ect of anything which is done in good faith or intended to be done under this Act or the rules or the regulations made thereunder.- 21 -Ex-398/2014 50 . Chairperson, Members and Offcials to be public serva nts: The Chairperson, Members, officers and other employees of the Lokayukta shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal C ode. 51 . Bar of Civil Court jurisdiction: No civil court shall have jurisdiction in respect of any matter which the Lokayukta is empowered by or under this Act to determine. 52. Provision of Legal Assistance: The Lokayukta may consider to every person against whom a complaint has been made before it, under this Act , legal assistance to defend his ca se before the Lokayukta, if such assistance is requ est ed for. 53. Provision to have overiding effect: The provisions of this Act shall have effect notwithstanding anything inconsistent there with cont ained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act. 54 . Act not in derogation of other laws: The provisions of this Act shall be in addition to, a nd not in derogation of any other laws for the time being in force. 55. Power to punish for contempt The Lokayukta shall have and exercise the same jurisdiction powers and authorit y in respect of contempt of itself as a High court has and may exercise, and for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to t he High Court shall be construed as a reference to the Lokayukta as the case may be. 56. Whistle Blower Protection: For the protection of complainant under this Act, section 20 of the Anti-Cor ruption, Grievance Redressal a nd Whistleblower Protection Act, 2011 shall and that the word ‘Lokpal’, wherever it occurs in that section, shall be construed as Lokayukta. 57. Power to make Rules: (1) The State Government may, by notification in the Official Gazette, make rules to ca rry out the provisions of this Act. (2) In p articular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a ) the form of compla int referred to in cla use (e) of sub-section (1) of section 2; (b) the term of the Search Committee, the fee and allowances payable to its Members and the manner of selection of panel of names under sub-section (5) of section 4; (c ) the post or posts in respect of which the appointment shall be made a fter consulta tion with the Sta te Public Service Commission under the pr oviso to sub-section (3 ) of section 10; (d) other matters for which the Lokayukta sha ll have the powers of a civil court under clause (vi) of sub-section (1) of section 27; ( e) the manner of sending the order of attachment along with the material to the Special Court under sub-section (2) of section29; (f) the manner of transmitting the letter of request under sub-s ection (2) of section 36;- 22 - Ex-398/2014 (g) the form and the time for preparing in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the Lokayukta under section 40; (h) the form for maintaining the a ccounts a nd ot her r elevant r ecords and t he for m of annual statement of accounts under sub-s ection (1) of section 42; (i) the form and manner and the time for prepa ring the returns and statements along with particulars under section 43; (j) the form and the time for preparing an a nnual return giving a summary of its activities during the previous year under sub-section (5) of section 44; (k) the for m of annua l return to be filed by a public servant under sub-section (5) of section 44; (l) the minimum value for which the competent author ity may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 45; (m) any other matter which is to be or may be prescribed. 58 . P ower to ma ke R egu lations: (1) Subject to the provisions of this Act and the rules made thereunder, the Lokayukta may, by notification in the Official Gazette, ma ke regulations to carr y out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a ) the conditions of service of the secretar y and other officers a nd staff of the Lokayukta and the matters which in so far as they r elate to salaries, allowances, leave or pensions, require the approva l of the Gover nor under sub-section (4) of section 10; (b) the place of sittings of benches of the Lokayukta under clause (f) of sub-section (1 ) of section 16; (c ) the manner for displaying on the website of the Lokayukta, the status of all compla ints pending or disposed of along with recor ds and evidence with reference there to under sub-section (10) of section 20; (d) the manner and procedure of conducting preliminary inquiry or investigation under sub- section (11)of section 20; ( e) any other matter which is requir ed to be, or may be, specified under this Act. 59. Rule and Regulation to be laid before the Assembly: Every rule and regulation made under this Act sha ll be laid, as soon as may be after it is made, before the Mizoram Legislative Assembly, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expir y of the session immediately following the session or the successive sess ions aforesaid, the House agrees in making a ny modification in the rule or regulation, or the House a grees that the rule or regula tion should not be made, the rule or r egulation shall thereafter have effect only in such modified for m or be of no effect, as the case may be; so, however, that a ny such modification or annulment shall be without pr ejudice to the validity of anything previously done under that r ule or regulation. 60. Power to remove difficulties: (1) If a ny difficulty a rises in giving effect to the provisions of t his Act , the Government of Mizoram may, by order, publish in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, a s appear to be necessary for removing the difficu lty: Provided tha t no su ch order shall be made under t his section aft er the expiry of a period of t wo years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the Mizoram Legislative Assembly.- 23 -Ex-398/2014 Schedule[See Sec 3 (3) (c)] I _________________________ having been appointed Chairperson (or a Member) of the Mizoram Lokayukta do swear in the name of God that I will bear Solemnly affirm true faith and allegiance to the Constitution of India as by law established, t hat I will duly and fa ithfully and to t he best of my a bility, knowledge and judgment perfor m the duties of my office without fea r or favour, affection or ill will. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50- 24 - Ex-398/2014

Affidavit of Shri. R. Vanlalawia S/o Chawndenga (L) Khatla South, Aizawl, Mizoram

VOL - XLIIIISSUE - 401Date - 12/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 12.8.2014 Sravana 21, S.E. 1936, Issue No. 401 AFFIDAVITI, Shri. R. Vanlala wia S/o Chawndenga (L ), resident of Khatla South, Aizawl, Mizoram, do hereby solemnly affirm and state as follows :- 1.That I am a bonafide citizen of India by birth. 2.That I am working Peon under Public Works Department (Building Division), Govt. of Mizoram. 3.That in my Service Book my name has been mista kenly written and recorded a s Vanla lawia which is incorrect. 4.That I do hereby declare before the Notar y Public, Aiza wl, Mizoram tha t my tr ue and correct name is R. Vanlalawia in all my documents. 5.That in the circumstances given above, it is my fervent plea that correction of my name from Vanlalawia to R. Vanlalawia in my Service Book. 6.That the contents of this affida vit are true a nd correct to the best of my knowledge and belief, and nothing material has been concealed therein. IN WIT NESS WHEREOF I have hereunto subscribed my hand and put my signature on this 7th day of August, 2014. R. Vanlalawia, DEPONENT Identified by me :Signed before me : Sd/-Sd/- R. La lhungliana, BA (Hons) LLBR. Thangkanglova, Advocate.Advocate & Notary Public, Mission Veng ‘S’ Mv 86Aizawl : Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Notarial Registration No. 178/8 Date 7/8/14

Affidavit of Mark Lalhmingmawia S/o L.T. John, R/o Saikhamakawn, Mizoram,

VOL - XLIIIISSUE - 402Date - 12/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 12.8.2014 Sravana 21, S.E. 1936, Issue No. 402 AFFIDAVITI, Mark Lalhmingmawia S/o L.T. John, R/o Saikhamakawn, Mizoram, do her eby solemnly affirm and state as under : 1.That I am a bonafide citizen of India a nd a competent to swear this affida vit. 2.That my name has been written and recor ded as Lalhmingmawia in my important documents. 3.That from now onwards my name should be known a nd recorded as Mark Lalhmingmawia here- in after in all official r ecord a nd correspondences. 4.I therefore request the concerned authority to a ccept this affidavit a nd in future to correct my name as such. 5.That the purpose of this affidavit is to declare that my true and correct name is Mark Lalhmingmawia and that of to get it corr ected by the concerned author ity. 6.That the aforementioned pa ra 1-5 are true and correct t o the best of my knowledge and belief and no material facts has been concealed therein. IN WIT NESS WHEREOF I hereunto set my own signatur e on this 7th day of August, 2014. Sd/- DEPONENT Identified by me :Signed before me : Sd/-Sd/- Elizabeth K. Lalrinmawii,SL. Thansanga, Advocate.Advoca te, Ph : 9862326331Nota ry Public, Aizawl : Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Notarial Registration No. 18/8 Date 7/8/14

Affidavit of C. Vanlalthara S/o Thanghlira, R/o Jail Warder, Central Jail, Aizawl, Mizoram

VOL - XLIIIISSUE - 403Date - 13/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 13.8.2014 Sravana 22, S.E. 1936, Issue No. 403 AFFIDAVITI, C. Vanlalthara S/o Thanghlira, R/o Jail Warder, Central Jail, Aizawl, Mizoram, do hereby solemnly affirm and state as follows :- 1.That I am a bonafide citizen of India. 2.That in my important documents my name has been r ecorded as C. Vanlalthara. But in Service Book my name has been recor ded as Vanlalthara. 3.That C. Vanlalthar a and Va nlaltha ra are the same name which stands for me and on behalf of me. 4.That the name Vanla lthara which ha s been entered in my S ervice Book is to be r eplaced/substit uted with my corr ect name i.e. C. Va nlalthara for all pract ical purposes and in all subsequent correspondences. 5.That the ma tters s tated in paras No. 1 to 4 above are true to the best of my personal knowledge and belief. In witness whereof I put my hand and sign this the 19th day of Febr uary, 2014. DEPONENT Identified by me :Signed before me : Sd/-Sd/- J. Lalremruata Hmar, MA, LLBLalramhluna, Advoca te,Advoca te, Bar Room, District Court Building,Nota ry Public, Aizawl, Mizoram.Aizawl : Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Notarial Registration Regn. Fee 20 No. 4/2 Date 19/2/14

Affidavit of H.K. Laldinthara S/o Hmingthanzaua Jail Warder, Central Jail, Aizawl, Mizoram

VOL - XLIIIISSUE - 404Date - 13/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 13.8.2014 Sravana 22, S.E. 1936, Issue No. 404 AFFIDAVITI, H.K. Laldinthara S/o Hmingthanzaua R/o Jail Warder, Central Jail, Aizawl, Mizoram, do hereby solemnly affirm and state as follows :- 1.That I am a bonafide citizen of India. 2.That in my important docu ments my name and my fa ther ’s name has been recorded as H. K. Laldinthara S/o Hmingthanzaua. But in Service Book my name and my father ’s na me has been recorded as Laldinthara S/o Thana. 3.That H.K. La ldintha ra S/o Hmingtha nzaua a nd Laldinthara S/o Tha na are the same name which stands for me and on behalf of me. 4.That the name Laldinthara which ha s been entered in my S ervice Book is to be r eplaced/substit uted with my correct name and my father ’s name is H.K. Laldinthara S/o Hmingthanzaua for all practical purposes and in all subsequent corr espondences. 5.That the ma tters s tated in paras No. 1 to 4 above are true to the best of my personal knowledge and belief. In witness whereof I put my hand and sign this the 19th day of Febr uary, 2014. DEPONENT Identified by :Signed before me : Sd/-Sd/- Lalbiakkima,R. Thangkanglova, Advoca te,Advocate & Notary Public, Aizawl, Mizoram.Aizawl : Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Notarial Registration No. 161/02 Date 19/02/14

Affidavit of Shri H. Lalhunthara S/o Sainawna (L), Jail Warder

VOL - XLIIIISSUE - 405Date - 13/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 13.8.2014 Sravana 22, S.E. 1936, Issue No. 405 AFFIDAVITI, Shri H. Lalhunthara S/o Sainawna (L), Jail Wa rder by profession do hereby solemnly affirm and state as under :- 1.That I am a bonafide citizen of India permanently residing a t Centr al Jail Veng, Aizawl and as such I am competent to swear this affidavit. 2.That my name christened by my natural present is H. Lalhunthara. 3.That my name has been wrongly and incor rectly r ecorded as Lalhunthar a in my service book i.e. Jail Warder. 4.That my name should be known and r ecorded as H. Lalhunthara not as La lhunthar a in all my official cor respondence here in-after. 5.That this affidavit has been made for a piece of evidence to show that my true name is H. Lalhunthara and for cor rection of my name in my service book. 6.That the aforementioned pa ra 1 to 5 are true and correct to the best of my knowledge and belief and nothing material fact s has been concealed there from. IN WIT NESS WHEREOF I hereunto put my hands and subscribed my signatur e in this affidavit on this the 18th day of October, 2013 at Aizawl. Sd/- DEPONENT Identified by me :Signed before me : Sd/-Sd/- J. Lalremruata Hmar, MA, LLBLalramhluna, Advoca te,Advoca te, Bar Room, District Court Building,Nota ry Public, Aizawl, Mizoram.Aizawl : Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Notarial Registration No. 3/10 Date 18/10/13

The Mizoram Scheduled Tribes and Scheduled Castes (Regulation of Issuance and Verification of) Community Certificates Act, 2014 (Act No. 5 of 2014)

VOL - XLIIIISSUE - 407Date - 13/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 13.8.2014 Sravana 22, S.E. 1936, Issue No. 407 NOTIFICATIONNo. J. 20011/1/2012-HM(ST&CA), the 1st August, 2014.In ex ercise of the powers conferred by s ub-s ection (3) of S ection (1) of T he Mizor am Schedu led Tribes and Schedu led Ca stes (Regulation of Issuance and Verification of) Community Certificates Act, 2014 (Act No. 5 of 2014), the Government of Mizor am hereby appoints the 1st August, 2014 as the date on which the pr ovision of the said Act shall come into force. 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 Khadi & Village Industries Board (MKVIB) Act, 1982 (as amended from time to time), the Governor of Mizoram is pleased to reconstitute the Mizoram KVI Board

VOL - XLIIIISSUE - 408Date - 13/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 13.8.2014 Sravana 22, S.E. 1936, Issue No. 408 NOTIFICATIONNo. B. 12011/63/2012-IND, the 5th August, 2014.In supersession of this Depar tment’s Notification No.B.12011/11/08-IND dt. 19lh Apr il, 2012 and in exercise of the powers conferred under Chapter-II, Section 4 and 1 2 of the Mizora m Khadi & Village Industries Board (MKVIB) Act, 1982 (as amended from time to time), the Governor of Mizoram is pleased to reconstitute the Mizoram KVI Boa r d wit h immedia t e eff ec t f or a period of two years or untilfur ther order, whichever is earlier. The composition of the Board will be as follows :- 1.Pu K.Lianzuala, Ex-MLA- Member 2.Principal Secretary/Secretary, Industries Deptt.- Member 3.Commissioner /Secretary, Finance Deptt.- Member 4.Director, Industries Deptt.- Member 5.Chairman cum Managing Director (NS FDC)- Member 6.Chief Executive Officer, Mizoram KVI Board- Member Secretary 7.President, Mizora m Industries Associa tion- Member 8.Assistant Director, KVIC, Govt. of India, Aizawl- Member 9.Pi. Tlangthanmawii, Zarkawt, Aizawl- Member 10.Pu P.C. Laltlansanga, Kulikawn, Aizawl.- Member 11.Pu Joseph Zairemmawia, Chawlhhmun, Aizawl.- Member Further in exercise of the power conferred under Chapter-II, Section 4(3), (4) & (5) of the Mizoram Khadi & Villa ge Industr ies Boa rd (MKV1B) Act , 1982 (as amended fr om time to time), the G o ver n or of Mizor am is pleased to app oint Pu K.Lianzu ala, -Ex-MLA one of the members of the Board as Chairman and Joint CEO, MKVIB, who is presently holding the char ge of CEO, MKVIB as Secretar y of the Boa rd. Akash Mohapa tra, Secretary to theGovt. of Mizoram, Industries Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

State Library Committee (SLC) as per norms laid down by Raja Rammohun Roy Library Foundation (RRRLF) with the following members

VOL - XLIIIISSUE - 409Date - 13/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 13.8.2014 Sravana 22, S.E. 1936, Issue No. 409 NOTIFICATIONNo.D.30017/2/2008-AC, the 4th August, 2014.In s uperses sion of this Department let ter of even No. dt.29.10.2013, the Governor of Mizoram is pleased to reconstitute Slate Library Committee (SLC) as per norms laid down by Raja Rammohun Roy Librar y Foundation (RRRLF) with the following members with immediate effect for a period of 5(five) years. 1.Secretary, Art & Culture Deptt.: Chairman 2.Director, Art & Culture Deptt.: Member Secretary 3.Director, R RRLF or his representa tive: Member 4.Dr.Narendra Lahkar, House No. 11, Ajanta Path, Bye Lane I, Survey : Member Beltola, Guwahati 781 028, Assam (RRRLF Chairman’s nominee) 5.Director, School Education or his representa tive: Member 6.Prof. Lianzela, Deptt. of Economics, M izoram University.: Member 7.Deputy Director i/c Library, Art & Culture Deptt.: Member 8.Secretary, Mizoram Library Associa tion: Member 9.State Librarian, State Central Library: Convener The State Library C ommittee sha ll meet at lea st t wice a year. Function of the Committee shall be to-1.Prepare perspective and annual plan of library services in the State with pa rticula r refer ence to the assistance programme of RRRLF. 2.Ensure payment of the State Govt’s contribution and a vailing of ma tching grants from RRRLF. 3.Select books accor ding to the felt need of the Community and in conformity with the guidelines prescribed by RRRLF. 4.Scrutinize the recommended proposa l for other schemes of assistances to the RRRLF. 5.Ensure proper utilization of assistances by the Foundation. 6.Perform any other a ctivity conducive to t he development of libr ary movement in the State. Rosangpuii, Secr etary to the Govt. of Mizoram, Art & Culture Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Forest (Establishment and Regulation of Saw Mills and other wood based Industries) (Amendment) Rules, 2014, the Governor of Mizoram is pleased to constitute the District Level Expert Committee on Establishment and Regulation of Saw Mills and Other Wood Based Industries

VOL - XLIIIISSUE - 410Date - 13/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 13.8.2014 Sravana 22, S.E. 1936, Issue No. 410 NOTIFICATIONNo. C. 18011/8/2012 - FST/321, the 6th August, 2014.In supercession of Notification No.C. 18011/8/2012-FST/318 dt 31.7.2014 and in exercise of powers conferred by Rule 5b(2) of ‘The Mizoram Forest (Establishment and Regulation of Saw Mills and other wood based Industries) (Amendment) Rules, 2014, the Governor of Mizoram is pleased to constitute the District Level Expert Committee on Establishment and Regulation of Saw Mills and Other Wood Based Indu stries of the following members with immediate effect and until fur ther orders. District Level Committee : A.Aizawl Distr ict: 1)Conservator of Forests (Central Cir cle):Chairman 2)Divisional Forest Officer, Aiza wl Forest Division:Member Secretary 3)District Industries Officer, Aizawl Dist.:Member 4)Divisional Forest Officer, Darla wn Forest Division:Member 5)Working Pla n Officer (North):Member 6)Repr esentative of the Secondary Wood Based:Member Indu stries Association registered in the State B.Champhai Dis trict : 1)Conservator of Forests (Central Cir cle):Chairman 2)Divisional Forest Officer, Champhai Forest Division:Member Secretary 3)District Industries Officer, Champhai Dist.:Member 4)Divisional F orest Officer, Khawzawl Wildlife Division:Member 5)Working Pla n Officer (North):Member 6)Repr esentative of the Secondary Wood Based:Member Indu stries Association registered in the State C.Serchhip District : 1)Conservator of Forests (Central Cir cle):Chairman 2)Divisional Forest Officer, Thenza wl Forest Division:Member Secretary 3)District Industries Officer, Serchhip Dist.:Member 4)Divisional F orest Officer, N.Vanlaiphai For est Division:Member 5)Working Pla n Officer (North):Member 6)Repr esentative of the Secondary Wood Based:Member Indu stries Association registered in the State - 2 - Ex-410/2014 D.Kolasib Distr ict: 1)Conservator of Forests (Northern Cir cle):Chairman 2)Divisional Forest Officer, Kolasib Forest Division:Member Secretary 3)District Industries Officer, Kolasib Dist.:Member 4)Working Pla n Officer (North):Member 5)Repr esentative of the Secondary Wood Based:Member Indu stries Association registered in the State E.Mamit District: 1)Conservator of Forests (Northern Cir cle):Chairman 2)Divisional Forest Officer, Mamit For est Division:Member Secretary 3)District Industries Officer, Mamit Dist.:Member 4)Divisional Forest Officer, Kawrthah Forest Division:Member 5)Working Pla n Officer (North):Member 6)Repr esentative of the Secondary Wood Based:Member Indu stries Association registered in the State F.Lunglei District:1)Conservator of Forests (Southern Cir cle):Chairman 2)Divisional Forest Officer, Lunglei Forest Division:Member Secretary 3)District Industries Officer, Lu nglei Dist.:Member 4)Divisional Forest Officer, Tlabung Forest Division:Member 5)Working Pla n Officer (South):Member 6)Repr esentative of the Secondary Wood Based:Member Indu stries Association registered in the State G.Saiha District: 1)Conservator of Forests (Southern Cir cle):Chairman 2)District Council Conservator of Forests, MADC:Member Secretary 3)District Industries Officer, Saiha Dist.:Member 4)Working Pla n Officer (South):Member 5)Repr esentative of the Secondary Wood Based:Member Indu stries Association registered in the State H.La wngtlai District : 1)Conservator of Forests (Southern Cir cle):Chairman 2)Divisional Forest Officer, Lawngtlai Wildlife Division:Member Secretary 3)District Industries Officer, Lawngtlai Dist.:Member 4)District Council Conservator of Forests, LADC:Member 5)District Council Conservator of Forests, CADC:Member 6)Working Pla n Officer (South):Member 7)Repr esentative of the Secondary Wood Based:Member Indu stries Association registered in the StateTerms of Refer ence : The District Level Expert Committee shall consider the a pplication(s) on the basis of a vailability of sawn material and submit its recommendation or otherwise for grant of N o Objection Certificate. Lalram Thanga, Principal S ecretar 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

Legislators Forum on Maternal & Child Health for Reduction of Infant Mortality Rate (IMR) consisting of the following members with immediate effect

VOL - XLIIIISSUE - 411Date - 13/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 13.8.2014 Sravana 22, S.E. 1936, Issue No. 411 NOTIFICATIONNo.D.18011/2/2011-HFW, the 7th August, 2014.In the interest of public service the Governor of Mizoram is pleased to constitute the Legislators’ Forum on Maternal & Child Health for Reduction of Infant Mortality Rate (IMR)cons isting of the following members with immediate effect and until fur ther orders: 1.Convener-Minister, Health & F.W. Department. 2.Member Secretary-Principal Secretar y, Health & Family Welfare 3.Asstt. Secretary-Principal Director, Health & Family Welfare 4.Members-All M.L.As, Mizoram. THEME Innovation on improving Maternal Child Health and reducing IMR/MMR and risk factors influencing such through political initiatives. Objective 1)To constitute a str ong for um of elected r epresent atives of the state viz. MLAs to induce a strong sense of ownership among the community on MCH Programmes, planning, mentor ing and MCH Program implementation. 2)To orient Legislators on MCH as the nucleus of Nationa l Healt h Mission and the heart of human development index (HDI) a nd to mobilize their cr itical leadership for policy making and health fina ncing. 3)To r educe the burden of IMR/MMR and risk factors through Legislator s’ support. Terms of Reference 1.MLAs to motivate citizens under t heir constituencies to access MCH care with adherence to care guidelines a nd seek and recommend measures to address ba rriers in access to health service by the public with priorit y on pregnant women, eligible couples and children under 5 years. 2.Visit public health facilities a nd personnel during constituency visits. 3.Meeting at least once annua lly. Role of State Health Society (NHM) 1.Orientation of MLAs and pr oviding technical support as and when required. 2.Convening meeting and following up on meeting recommendations and reporting action taken and progr ess to t he MLA(s ) concerned. 3.Upda ting MLAs on progress , bottlenecks and possible role of MLA(s) concerned on some crit ical issues on a quarterly basis. 4.Providing MLAs with IEC Materials for a dvocacy, public speech and resource manual etc. 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

Screening committee for selection of candidates for B.Sc (Nursing) courses at Mizoram College of Nursing, Aizawl

VOL - XLIIIISSUE - 412Date - 13/08/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 13.8.2014 Sravana 22, S.E. 1936, Issue No. 412 NOTIFICATIONNo.A.33024/ll/07-HFW, the 8th August, 2014.In supersession of this Department’s Notifica tion of even No. dt. 2.7.2010 , the Governor of Mizor am is pleased to reconstitute a screening committee for selection of candidates for B.Sc (Nursing) courses at Mizoram College of Nursing, Aizawl consisting the following members viz - 1.Chairman-Chief Secretary 2.Co-Chairman-Principal Dir ector, Health & F.W. 3.Member Secretary-Jt. Secretary(Tech), Health & F.W 4.Member-Director of Hospital & Medical Educa tion 5.Member-Jt. Director(Nursing) 6.Member-Principal, MCON 7.Member-One Senior most Lect urer, M CON. Vanlalngaihsaka, Additonal S ecretar y to the Govt. of Mizoram, Health & Family Welfare Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

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