The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 533 NOTIFICATION No.J. 20011/56/2004-HM,the 13th November, 2014.In pursuance of the recommendation of the Commissioner for Linguistic Minorities in its 50th Report, the Governor of Mizoram is pleased to constitute a District Level Committee for the implementation of the safeguards of linguistic minorities in the State of Mizoram as follows: Aizawl District: Chairman- Deputy Commissioner, Aizawl Member- District Education Officer, Aizawl District Social Welfare Officer/ Programme Officer/ CDPO (whichever is appropria te in the distr ict) Member Secretary - SDO (Sadar), Aizawl Lunglei District: Chairman- Deputy Commissioner, Lunglei Member- District Education Officer, Lunglei Distr ict Social Welfare Officer/ Programme Officer/CDPO (whichever is appropriate in the distr ict) M ember Secr et ar y - SDO (Sada r ), Lunglei Saiha District: Chairman- Deputy Commissioner, Saiha Member- District Education Officer, Saiha District Social Welfare Officer/ Programme Officer/CDPO (whichever is appropriate in the distr ict) Member Secretary - SDO (Sadar), Saiha Kolasib District: Chairman- Deputy Commissioner, Kolasib Member- District Education Officer, Kolasib Distr ict Social Welfare Officer/ Programme Officer/CDPO (whichever is appropriate in the distr ict) Member Secretary - SDO (Sadar), Saiha Champhai District: Chairman- Deputy Commissioner, Champhai Member- District Education Officer, Champhai Distr ict Social Welfare Officer/ Programme Officer/CDPO (whichever is appropriate in the distr ict) Member Secretary - SDO (Sadar), Champhai - 2 - Ex-533/2014 Mamit District: Chairman- Deputy Commissioner, Mamit Members- District Education Officer, Mamit District Social Welfare Officer/ Programme Officer/ CDPO (whichever is appropria te in the distr ict) Member Secretary - SDO (Sadar), Mamit Serchhip District: Chairman- Deputy Commissioner, Serchhip Members- District Education Officer, Serchhip Distr ict Social Welfare Officer/ Programme Officer/ CDPO (whichever is appropria te in the distr ict) Member Secretary - SDO (Sadar), Serchhip Lawngtlai District: Chairman- Deputy Commissioner, Lawngtlai Members- District Education Officer, Lawngtlai District Socia l Welfare Officer/ Programme Officer/ CDPO (whichever is appropria te in the distr ict) Member Secretary - SDO (Sadar), Lawngtlai Lalmalsawma, Chief Secretary to the Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 534 NOTIFICATION No.J. 20011/56/2004-HM,the 13th November, 2014.In pursuance of the recommendation of the Commissioner for Linguistic Minorities in its 50th Report, the Governor of Mizoram is pleased to constitute a State Level Committee for the implementation of the sa feguards of Linguistic Minorit ies in the State of Mizoram. The committee shall comprise of the following: Chairman: Secretary, Home Depart ment Members:Secr etary, S chool Education Department Secretary, District Council Affairs Secr etary, Socia l Welfare Depart ment Secr etary, Ar t & C ulture Depart ment Member Secretary: Addl. Secret ary, Home Depart ment Lalmalsawma, Chief Secretary to the Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 535 NOTIFICATION No.A. 12018/17/2013-P&AR (GSW), the 14th November, 2014. The Governor of Mizoram is pleased to make Recruitment Policy for the post of Eye Bank Counsellor (co-t erminus) in the Department of Ophthalmology Eye Bank at Civil Hospital, Aizawl under Hea lth & Family Welfare Department. Sl. Name of PostMode ofP a y Ba nd &Educational Qualification/ Nor ecru itmentGrade PayExperience required 1.Eye Bank100 % by DirectPB-2 of ^ 9300-1. M.A in Clinical Psychology, 2 Counsellor Recruitment 34800 + GP ^ 4600year s training in Eye Dona tion Counselling from recognized Institution. 2. Having knowledge of Mizo language at least M iddle School sta ndar d. 3. Age limit: 18-35 years relaxable by 5 years for Scheduled Tribe / Scheduled Caste Nature of duties: 1. Responsible for counseling families at hospitals and co-ordinate with Eye Bank and hospital for retrieval of cor nea. 2. Responsible for awareness campaign within a nd outside hospital. The Selection Committee for the a bove post shall consist of the following: 1) Secretary, Health & Family Welfare Deptt.- Chairman 2) Principal Director, Health & Family Welfare Deptt.- Member 3) Secretary, DP & AR or his representative- Member B. Zahmuaka, Joint Seretary to the Govt. of Mizoram, Depa rtment of Personnel & Adve. Reforms.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 536 NOTIFICATION No. J.12011/4/2014-REV/11, the 14th November, 2014. In pursuance to this Department’s Notifica tion No.H.11018/6/2008-REV/pt, dt.15.7.2013, the Governor of Mizoram is please to constitute Site Allotment Advisory Board (SAAB) withinLungleiDistrict station areas asBuarpuivillage wit h immedia te ef fect and valid for 2 years. T he composition of the SAAB shall be given as under. 1.Chairman : President V/C, Buarpui. 2.Secretary : Headmaster, Standard Middle School. MEMBERS:1.Secretary, V.C. Buarpui. 2.President Group INC. 3.President Group MNF. 4.President Group MPC. 5.Representation of PWD, PHE, Power & Electricity, Environment & Forests. 6.President Mizo Upa Pawl. 7.Pu Laldailova and R.Lalngha kliana - Prominent person. 8.President Branch YMA, Buar pui. FUNCTIONS AND TERMS OF REFERENCE OF THE SAAB1.The Site Allotment Advisor y Board will be the S creening Board in the matter of application for allotment of land for agricultural and non-agricultural purposes. 2.The Board s hall have to judiciously examine the applicant’s originality with reference to sub-section (16) of Section 2 of the Mizoram (Land Revenue) Act, 2013. If the condition in these provisions are not fulfilled by the applicant or applicants t he Boar d shall have to reject outright. 3.The Board shall have its sittingat least twicein a year or as may be required and TA shall be given to the members of t he Boar d if the place of sit ting is more than 8 (eight) kilometer from the headquarters of the member. The Secretar y SAAB shall issue Meeting Notice in consultation with the Chairma n by giving at least 10 (ten) days in advance to the member of S AAB. 4.All applications in prescribed Form for allotment of land in Village Plan area as referred in Explanation to Sub-rule (1) of Rule 14 and Rule 16 of the Mizoram (Land Revenue) Rules, 2013 read with Section 39 and 40 of the Act for any ca tegory or purpose must be su bmitted to the Settlement - 2 - Ex-536/2014 Officer or Assista nt Settlement Officer if Chairman of SAAB is the Deputy C ommissioner of the District. In case, Chairma n of SAAB is the Deputy Commissioner of the District . In ca se, Chairman of S AAB is SDO(C) or BDO or President, Village C ouncil the application for la nd allot ment of any category must be submitted to the concerned Chair man. 5.The Board shall make initial screening of the a pplication with regard to location of the applied site. After a summary scr eening, the Board shall place the matter for demarcation of land b y Surveyor, Revenue Depa rtment in the presence of the applica nt, the concerned VC and neighbouring land holder, if any. Measurement of land should be accurate and NOC shall be obtained from the neighbouring land holder, if existent. Format of NOC is as prescribed by Revenue Department. 6.The demarcation report of S urveyor duly vetted by Assistant Survey Officer shall be scrutinized by the Board carefully. T he recommendation of the meeting of Board shall be submitted to the concerned District Revenue Officer for further submission to the Government through the Director, Land Revenue & Settlement, Aizawl Mizor am for decision of the Government. 7.In case, there are more than one a pplicant for one plot or one area SAAB will make recommendation of such names in order of prior ity. 8.The SAAB shall have to exa mine whether a llotment of land will interfere or infringe upon pu blic safety and security or general public health or public inconvenience or adverse impact on environment or natural beauty of the area or potential obstruction to future infrastructure development wor k of the Government. It shall also take into account that the allot ment of land shall not violate the provisions of the Mizoram (Prevention of Government Land Encroachment) Act, 2001 as amended fr om time to time. 9.The term of the Boa rd shall be three year s. T he Government may, however, dissolve at any time or extend as it may deem necessary in the interest of public. Zothankhuma, Secretary to the Govt.of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 537 NOTIFICATION No. J.12011/4/2014-REV/10, the 14th November, 2014. In pursuance to this Depar tment’s Notifica tion No.H.11018/6/2008-REV/pt, dt.15.7.2013, the Governor of Mizoram is please to constitute Site Allotment Advisory Board (SAAB) wit hin Lunglei District station areas asTuicha wngvillage wit h immedia te effect and valid for 2 years. T he composition of the SAAB shall be given as under. 1.Chairman:President V/C, Tuicha wng. 2.Secretary:Headmaster, Govt. Middle School, Tuicha wng. MEMBERS: 1.V.C. Secretary. 2.President Group Congress Commit tee. 3.President Group MNF. 4.For est Beat Offic er. 5.Pu P.C. Rohlupuia, Prominent person. 6.Pu S hanti Rogon, Prominent person. 7.President, YMA Branch, Tuicha wng. FUNCTIONS AND TERMS OF REFERENCE OF THE SAAB1.The Site Allotment Advisor y Board will be the Screening Board in the matter of application for allotment of land for agricultural and non-agricultural purposes. 2.The Board shall have to judiciously examine the applicant’s originality with reference to sub-section (16) of Section 2 of the Mizoram (Land Revenue) Act, 2013. If the condition in these provisions are not fulfilled by the applicant or applicants t he Boar d shall have to reject outright. 3.The Board shall have its sittingat least twicein a year or as may be required and TA shall be given to the members of the Boar d if the place of sit ting is more than 8 (eight) kilometer from the headquarters of the member. The Secretar y SAAB shall issue Meeting Notice in consultation with the Chairma n by giving at least 10 (ten) days in advance to the member of S AAB. 4.All applications in prescribed Form for allotment of land in Village Plan area as referred in Explanation to Sub-rule (1) of Rule 14 and Rule 16 of the Mizoram (Land Revenue) Rules, 2013 read with - 2 - Ex-537/2014 Section 39 and 40 of the Act for any ca tegory or purpose must be submitted to the Settlement Officer or Assista nt Settlement Officer if Chairman of SAAB is the Deputy C ommissioner of the Dis t r ict . In ca se, C hair man of S AAB is S DO (C ) or BDO or P r es ident, Village Cou nc il t he a pp lica t ion for land allotment of any category must be submitted to the concerned Chair man. 5.The Board shall make initial screening of the a pplication with regard to location of the applied site. After a summary scr eening, the Board shall place the ma tter for demarcation of land by Surveyor, Revenue Depa rtment in the presence of the applica nt, the concerned VC and neighbouring land holder, if any. Measurement of land should be a ccurate and NOC sha ll be obtained from the neighbouring land holder, if existent. Format of NOC is as prescribed by Revenue Department. 6.The demarcation report of S urveyor duly vetted by Assistant Survey Officer shall be scrutinized by the Board carefully. The recommendation of the meeting of Board shall be submitted to the concerned District Revenue Officer for fur ther submission to the Government through the Dir ector, Land Revenue & Settlement, Aizawl Mizor am for decision of the Government. 7.In case, there are more than one a pplicant for one plot or one area SAAB will make recommendation of such names in order of prior ity. 8.The SAAB shall have to exa mine whether a llotment of land will interfere or infringe upon public safety and security or general public health or public inconvenience or adverse impact on environment or natural beauty of the area or potential obstruction to fu ture infrastructure development wor k of the Government. It shall also take into account that the allotment of land shall not violate the provisions of the Mizoram (Prevention of Government Land Encroachment) Act, 2001 as amended fr om time to time. 9.The term of the Boa rd shall be three year s. The Government may, however, dissolve at any time or extend as it may deem necessary in the interest of public. Zothankhuma, Secretary to the Govt.of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 538 NOTIFICATION No.J. 25011/1/2014-EXC, the 17th November, 2014. In exercise of the powers conferred by section No. 73 of the Mizoram Liquor (Prohibition and Control) Act, 2014 (Act No. 8 of 2014), the Governor of Mizoram is pleased to notify the Mizor am Liquor (Prohibition and Control) Rules, 2014. P.C. Lallawmsanga, Principal Seretary to the Govt. of Mizoram, Excise & Narcotics Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 539 NOTIFICATION No. H. 11019/3/08-JERC, the 8th August, 2014.In pursuance of Section 87 of the Electricity Act, 2003 a nd pr ovisions under the Joint Elect ricity Regu lator y Commission for Manipur and M izora m (C onstitution of State Advisory Committee and its Functions) Regulations, 2010, the Joint Electricity Regulatory Commission for Manipur and Mizoram hereby reconstitutes the State Advisory Committee for the State of Mizoram with the following composition. T he term of the Committee sha ll be for a period of 2 (two) years with effect from the da te of issue of this Notification. 1.Chairperson, JERC for Ma nipur a nd Mizoram- Ex-officio Chairman 2.Member, JERC for Manipur and Mizoram- Ex-officio Member 3.Secr etary, Food, Civil Supplies and Consumer Affairs Department- Ex-officio Member 4.Secr etary, Power & Elect ricity Depart ment- Member 5.Engineer-in-C hief, PHE Department- Member 6.Director, Industries Department- Member 7.Director, Trade & Commerce Department- Member 8.Chief Executive Officer, Aizawl Municipal Council- Member 9.Director, Zoram Energy Development Agency- Member 10.President, Mizoram Chamber of Indu stries and Commerce- Member 11.President, Mizoram Consumers’ Union Gen. Hqrs, Aizawl- Member 12.President, Mizoram Hmeichhia Ins uihkhawm Pawl, Gen. Hqrs, Aizawl - Member 13.President, Centra l Young Mizo Associa tion- Member 14.President, All Mizor am Farmers’ Union Gen. Hqrs. Aizawl- Member 15.President, Mizoram Upa Pawl, Gen. Hqrs. Aizawl- Member 16.Er. C.L. Thangliana, Retd. E-in-C, P&E Department.- Member 17.Pr of. H. Lalramnghinglova , Depar tment of Env. Sciences, Mizora m University - M e mb e r 18.Director, Transport Department- Member 19.Director, LAD- Member 20.President, Mizoram Journalist’s Associa tion- Member 21.Prof. Vanlalchhawna, Deptt. of Economics, Mizora m Univer sity- Member 22.Secretary, JERC for Manipur and Mizoram- Member-Secretary By Order of the Commission Richard Zothankima, Assistant Secretary.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 541 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi - 110001 Dated : 18th Nov., 2014 27 Kartika, 1936 (Saka) NOTIFICATION No. 429/MIZ/2010(1) :-In exercise of the power conferr ed by the sub-section (1) of 13C of the Representation of the People Act, 1950 (43 of 1950), the Election Commission of India, hereby makes the following further amendment in its Notification No. A. 429/MIZ/2008(1) dated 11th June, 2008, relating to the appointment of Assistant Electoral Registration Officers for Assembly Constituencies in the State of Mizoram, namely :- In column 2 of the table appended to the said Notifica tion, a gainst the Assembly Constituency shown in column 1, the following corresponding entry sha ll be added. TABLE No. & Name of Assembly ConstituencyAssistant Electoral Registration Officer (1)(2) 27-Tuikum (ST)SDC, Serchhip By or der, ANUJ JAIPURIAR S EC RE TARY ELECTION COMMISSION OF INDIAPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 542 ELECTION COMMISSION OF INDIA Nirvac han S adan, Ashoka Road, New Delhi - 110001 Dated : 16th October, 2014 24 Asvina, 1936 (Saka) NOTIFICATION No. 154/MZ/2014-EPS: -In exercise of the powers conferr ed by sub -section (1) of Section 13A of the Representation of the People Act, 1950 (43 of 1950), the Election Commission of India , in cons ultation with the Government of Mizoram, hereby nominatesSmt. Manisha Saxena, IAS (AGMU: 96) asthe Chief Elect or al Offic er for the St ate of Miz or a m with effect from t he da te she takes over char ge and until fur ther orders. 2.Smt. Manisha Saxena, IASshall cease to hold and hand over forthwith the charge of all or any char ges of work under the Government of Mizora m, which she may be holding before such assumption of office. 3.Smt. Manisha Saxena, IASwhile funct ioning as the Chief Elector al Officer, Mizoram shall not hold any addit ional charge whatsoever under the Government of Mizoram except that she should be designated Secretar y to the Government in charge of Election Department in the State Secretar iat. By Order, SUMIT MUKHERJEE SECRETARYPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Thursday 27.11.2014 Agrahayana 6, S.E. 1936, Issue No. 543 NOTIFICATION No. F. 15017/1/2013-GAD/l, the 14th November, 2014.As per approval of the Council of Ministers in its meeting held on 23.9.2014, and in supersession to Notification No. F. 15015/6/2003-GAD dated 25.4.2007 and 26.10.2007, the Governor of Mizoram is pleased to notify Revised Entitlement of Vehicles as at the enclosed Annexure I; and to allow provision of Pool Vehicles to District/Sub-Divisional Offices for implementation of NLUP and for Supervision, Inspection and Monitoring of field works a s in Annexure II. The Governor is fur ther pleased to order that all Government Vehicles should have permanent display of “ GOVERNMENT OF MIZORAM” in the front a nd that Pool Vehicles a nd Private Vehicles should not display officia l designation of Government officer using/owning the vehicle. The colour of a Government Vehicle should be white or off-white. Purchase of new vehicles consequent upon this Notification is subject to availability of fund and must be rest ricted to the barest minimum. All pr oposals for pur chase of new vehicles including proposals under Centr ally Sponsored Schemes/Progr ams should be submitted to General Adminis tration Department for approval. Lalmalsawma, Chief Secretary to Govt. of Mizoram. - 2 - Ex-543/2014 ANNEXURE-I REVISED ENTITLEMENT OF VEHICLES (LMV) Sl. No.Name of Office/PostNo. of Vehicles Entitled1.GOVERNOR’S SECRETARIAT 1)Governor3 2)Secr etary to Governor1 3)Joint Secretary1 4)Pool4 2.MIZORAM LEGISLATIVE ASSEMBLY 1)Spea ker4 (including Pilot) 2)Dy. Sp eaker3 3)Leader of Opposition1 4)Secretary1+1 Stdby 5)Addl. Secretary1 6)Pool5 3.CHIEF MINISTER’S OFFICE 1)Chief Minister5 2)All Advisers to Chief Minister1 each 4.SECRETARIAT ADMINISTRATION DEPARTMENT 1)All Ministers3 each 2)All Parliamentary Secreta ries3 each 3)Chief Secretary2 +1 Stdby 4)Additional Chief Secr etary1+ 1 Stdby 5)Principal Secreta ries1 +1 Stdby each 6)Commissioners/Secreta ries1+1 Stdby each 7)Secretaries1 +1 Stdby each 8)Additional Secreta ries1 each 9)Joint Secreta ries1 each 10) Standby vehicle for Secreta ries4 11) SAD Pool6 Note: If and when S AD cannot provide the Ministers/Secretaries with the entitled number of vehicles, such deficiency may be pooled from concerned Departments. 5.GENERAL ADMINISTRATION DEPARTMENT DProtocol & Hospitality Wing5 2)Civil Aviation Wing1+2 Pool 6.DISTRICT ADMINISTRATION AIZAWL DISTRICT 1)D.C., Aizawl2 2)SDO(S)1 3)SDO(C), Sakawrdai1 4)SDO(C), Saitual1 5)Pool7 6)Protocol & Hospita lity3 LUNGLEI DISTRICT 1)D.C., Lunglei2 2)SDO(S)1 3)SDO(C ), Hnahthial1 4)SDO(C), Tlabung1 5)Pool4 SAIHA DISTRICT 1)D.C., Saiha2 2)SDO(S)1 3)SDO(C), Tuipang1 4)Pool4 CHAMPHAI DISTRICT 1)D.C., Champhai2 2)SDO(S)1 3)SDO(C), Khawzawl1 4)SDO(C), Ngopa1 5)Pool4 KOLASIB DISTRICT 1)D.C., Kola sib2 2)SDO(S)1 3)SDO(C), Kawnpui1 4)SDO(C), Vairengte1 5)Pool4 SERCHHIP DISTRICT 1)D.C. , Serchhip2 2)SDO(S)1 3)SDO(C), Thenzawl1 4)SDO(C), N.Vanlaiphai1 5)Pool4 MAMIT DISTRICT 1)D.C., Mamit2 2)SDO(S)1 3)SDO(C ), W.Phaileng1 4)SDO(C), Kawrthah1 5)Pool4 LAWNGTLAI DISTRICT 1)D.C., Lawngtlai2 2)SDO(S)1 3)SDO(C), Sa ngau1 4)SDO(C), Chawngte1 5)Pool4 BLOCK DEVELOPMENT OFFICES 1)Block Development Officer, Sa ngau1 - 3 -Ex-543/2014 2)Block Development Officer, Hnahthial1 3)Block Development Officer, Bunghmun1 4)Block Development Officer, Tuipang1 5)Block Development Officer, ‘W’ Phaileng1 6)Block Development Officer, Serchhip1 7)Block Development Officer, Thingsulthliah1 8)Block Development Officer, Lungsen1 9)Block Development Officer, Thingdawl1 10) Block Development Officer, Khawzawl1 11) Block Development Officer, Lunglei1 12) Block Development Officer, ‘E’ Lungdar1 13) Block Development Officer, Lawngtlai1 14) Block Development Officer, Zawlnuam1 15) Block Development Officer, Ngopa1 16) Block Development Officer, Dar lawn1 17) Block Development Officer, Aibawk1 18) Block Development Officer, R eiek1 19) Block Development Officer, Tlangnuam1 20) Block Development Officer, Khawbung1 21) Block Development Officer, Phullen1 22) Block Development Officer, Chawngte1 23) Block Development Officer, Champhai1 24) Block Development Officer, ‘S’ Bungtlang1 25) Block Development Officer, Saiha1 26) Block Development Officer, Bilkhawthlir1 7.DEPARTMENTS/DIRECTORATES Account s & Tr ea suries 1)Chief Contr oller of Accounts1 + 2 Pool 2)Director, A&T1+1 Pool 3)Director, Local Fund Audit1+1 Pool 4)Pool for Zonal Office, Lunglei1 Agriculture (Crop Husbandry) 1)Director1 + 2 Pool Agriculture (Research & Education) 1) Director1+1 Pool AH&Vety 1)Director1+2 Pool 2)Pool for Zonal Office, Lunglei1 Art & Culture 1)Director1+1 Pool A.T.I 1)Director1+1 Pool Cooperation 1)Registrar1+1 Pool 2)Addl. Registrar1 - 4 - Ex-543/2014 Disaster Management & Rehabilitation 1) Director1+1 Pool Economic & Statistics 1)Director1+1 Pool Election 1)CEO1 + 2 Pool Environment & Forest 1)Principal Chief Conservator of Forest1+2 Pool 2)Additional PCCF1+1 Pool 3)Chief Wildlife Wa rden1+1 Pool 4)Chief Conservator of Forest(Admn) 1+1 Pool 5)Chief Conservator of Forest(P&D)1+1 Pool 6)Conservator of Forest (WL)1 7)Conservator of Forest, Nothern Circle1 8)Conservator of Forest, Central Circle1 9)Conservator of Forest, Southern Circle1 10) Conservator of Forest, Research & Development1 Food, Civil Supplies & Consumer Affairs 1)Director1 + 2 Pool 2)Addl.Director1 Fisheries 1)Director1+1 Pool Geology & Mineral Resources 1)Director1+1 Pool Health & Family Welfare Department (DHS/DHME) 1)Principal Dir ector1 + 2 Pool 2)Director, HME1 + 1 Pool 3)Director, HS1 + 1 Pool 4)Medical Superintendent, Aizawl CH1 + 5 Pool 5)Medical Superintendent, Lunglei CH1 + 3 Pool 6)Medical Superintendent, Referral Hospit al, Falkawn1 + 3 Pool 7)Medical Superintendent, Kulikawn Hospital1 + 1 Pool 8)District Medical Superintendents- Saiha, Lawngtla i, Sercbhip, Kolasib, Champhai & Mamit Hospitals1+2 Pool each 9)Chief Medical Officers- Aizawl Ea st, Aizawl West, Lunglei, Saiha, Lawngtlai, Serchhip, Kolasib, Champhai & Mamit1 + 2 Pool each 10) Senior Medical Officer, Tlabung & Chawngte1 each 11) Drugs & Food Administration (Licensing Author ity)1 12) Principal Medical Officer1 13) State Nursing Progr amme Officer1 14) All PHCs/CHCs1 Pool/Ambulance Note: Vehicles pur cha sed or received in kind fr om Centra l Schemes/ Progra mmes ma y be utilised by Officer and Section i/c for the bonafide discharge of duties pertaining to the specific scheme/progra mme.- 5 -Ex-543/2014 Higher & Technical 1)Director1+1 2)Pool1 (one for conducting Ex amination) Horticulture 1)Director1+2 Pool Industries 1)Director1 +2 Pool 2)Additional Dir ector1 Information & Communication Technology 1)Chief Informatics Officer1+1 Pool Information & Public Relations 1)Director1+1 Stdby 2)District Offices1 Pool each 3)Pool vehicle for VVIP/VIP Coverage4 IF&SL 1)Director1+1 Pool Local Administration Department 1)Director1+2Pool La bour, Employment & Industr ial Tra ining 1)Director1+1 Pool Land Revenue & Settlement 1)Director1+2 Pool Law & Judicial 1)Presiding Officer, MACT1 2)Special Judge ND&PS Act1 3)Member Secretary, St ate Lega l Services Authority1 4)Fast Track Court Lunglei1 5)Advocate General1 6)District Judge(Supertime Gr)1 7)District & S essions Judge(S election Gr)1 8)Special Judge, PC Act1 9)District Judge(Entry Gr)1 10) Addl. Dist & Sessions Judge,Lunglei1 11) Presiding Officer, MACT1 12) Judge Special Court, ND&PS Act1 13) Judge Special Court, EC Act1 14) Member Secretary, MSLSA1 15) Principal Judge Family Court, Azl1 16) Principal Judge Family Court, Lli1 17) Principal Judge Family Court, Kol1 18) Principal Judge Family Court, Chp1 - 6 - Ex-543/2014 Minor Irrigation 1)Chief Engineer1+2 Pool 2)Superintending Engineer (W&D)1 3)Superintending Engineer (P&M)1 4)EE(Survey & Investiga tion)1 5)EE(Monitoring)1 6)EE, Aizawl Division1 7)EE, Champhai Division1 8)EE, Kolasib Division1 9)EE, Lunglei Division1 Parliamentary Affairs 1)Dy.Govt. Chief Whip1 2)Jt. Secretary1 Power & Electricity 1)Engineer-in-Chief1+2 Pool 2)Chief Engineer (System Operation)1+1 Pool 3)Chief Engineer (Distribution)1+1 Pool 4)Chief Engineer (Civil)1+1 Pool 5)Chief Engineer (RE)1+1 Pool 6)Chief Electrical Inspector1+1 Pool 7)Superintending Engineer, RE1 8)Superintending Engineer(P), Office of E-in-C1 9)Superintending Engineer.Design, Office of E-in-C1 10) Superintending Engineer, Commercia l, Office of E-in-C1 11) Superintending Engineer, P lanning(Civil) Office of E-in-C I1 12) Superintending Engineer, Aizawl P ower Circle1 13) Superintending Engineer, Lunglei P ower Circle1 14) Superintending Engineer, Champhai Power Circle1 15) Superintending Engineer, Transmisision C ircle1 16) Superintending Engineer, Project Circle -11 17) Superintending Engineer, Project Circle - II Aizawl1 18) Superintending Engineer, State Load Despatch Centre1 19) Superintending Engineer, Office of CE (System Operation)1 20) Superintending Engineer, Office of the CE (Distribution)1 21) Superintending Engineer, Civil(from PWD) II & III1 each 22) EE, Distribution Division1 23) EE, Revenue Division1 24) EE, Generation Division1 25) EE, Construction Division1 26) EE, MRT Division1 27) EE, S LDC Division1 28) EE, Inspector ate Division1 29) EE, Civil Project Division1 30) EE, Lunglei Maintenance Div I1 31) EE, Lunglei Maintenance Div II1 32) EE, Saiha Division1 33) EE, Serchhip Division1 34) EE, N.Vanlaiphai Division1 - 7 -Ex-543/2014 35) EE, Kolasib Division1 36) EE, Serlui B Project Division1 37) EE, Thermal Project Division1 38) EE, Champhai Division1 39) EE, Khawzawl Division1 40) EE, S.Khawbung Division1 41) EE, Mamit Division1 Public Health Engineering 1)Engineer-in-Chief1+2 Pool 2)Chief Engineer, Zone I1+1 Pool 3)Chief Engineer Zone II1+1 Pool 4)Project Director (SIPMIU)1+1 Pool 5)Superintending Engineer (Investigation)1 6)Director CCDU1 7)Superintending Engineer (Sewarage & Sanita tion) Circle1 8)Superintending Engineer (P&W) E-in-C Office1 9)Superintending Engineer, Aizawl WATSAN Circle1 10) Superintending Engineer, Lunglei WATSAN Circle1 11) Superintending Engineer, Rural WATSAN Circle1 12) Superintending Engineer (Monitor ing)1 13) Superintending Engineer, Champhai WATSAN Circle1 14) EE, Aizawl Water Distribution ‘N’1 15) EE, Aizawl Water Distribution ‘S’1 16) EE, Aizawl Water Transmission1 17) EE,Gr ound Water & Qua lity Control1 18) EE, Rural Watsan, Aizawl1 19) EE, Rural Watsan, Lunglei1 20) EE, Lunglei Water Supply Maintenace1 21) EE, Lawngtlai WATSAN1 22) EE, Saiha WATSAN1 23) EE, Mamit WATSAN1 24) EE, Kolasib WATSAN1 25) EE, Champhai WATSAN1 26) EE, Khawzawl WATSAN1 27) EE, S erchhip WATSAN1 28) EE, Hnahthial WATSAN1 29) EE, Sewarage & Dr ainage Div.1 30) Hydrogeologist1 31) Chief Chemist1 Planning 1Vice Chairman, Sta te Pla nning Board3 2Chairman, HPC Lunglei1 3Principal Adviser & Addl. Secretary1 4Adviser & Ex-Officio Jt. Secretary1 5Member Secretaries1 each 7Chief Planning Officer, HPC Lunglei1 6Pool1 - 8 - Ex-543/2014 Printing & Stationery 1)Controller1+1 Pool Pr ison 1)I.G.Prison1+1 Pool Public Works Department 1)Engineer-in-Chief1+2 Pool 2)Chief Engineer, Building1+1 Pool 3)Chief Engineer, Highway1+1 Pool 4)Chief Enginer, Road1+1 Pool 5)Chief Architect1+1 Pool 6)Superintending Engineer, Pr oject Circle1 7)Superintending Engineer, Building Circle1 8)Superintending Engineer, E -in-C Office1 9)Superintending Engineer, C.E, Road Office1 10) Superintending Engineer, C.E, Highway Office1 11) Superintending Engineer, C.E, Building Office1 12) Superintending Engineer, Mechanical1 13) Superintending Engineer, Highway1 14) Project Director, P.I.U1 15) Superintending Engineer, Lunglei1 16) Superintending Engineer, Eastern1 17) Superintending Engineer, Western1 18) Superintending Engineer, A.D.A1 19) EE, Quality Control Division1 20) EE, Mechanical Division1 21) EE, PIU1 22) EE, Lunglei Electrical Division1 23) EE, Aizawl Electrical Division1 24) EE, Serchhip Division1 25) EE, Saitual Division1 26) EE, Khawzawl Division1 27) EE, Champhai Division1 28) EE, Hmuifang Division1 29) EE, Mamit Division1 30) EE, Kawrtha h Division1 31) EE, Lunglei Road Division1 32) EE, Tlabung Division1 33) EE, Lawngtlai Division1 34) EE, Saiha Division1 35) EE, NH Div I1 36) EE, NH Div II1 37) EE, NH Div III1 36) EE, NH Div IV1 39) EE, MMPD I1 40) EE, MMPD II1 41) EE,. Kolasib Division1 42) EE, Road South1 43) EE, Road North1 - 9 -Ex-543/2014 44) EE, Building Division1 45) EE, Project Division I1 46) EE, Project Division II1 47) EE, Project Division III1 48) EE, Lunglei Building Division1 49) Senior Architect1 Rur al Development 1)Director1+2 pool Sainik Welfare & Reset tlement 1)Director1+2 Pool Science & Technology 1)Chief Scientific Officer1+1 Pool School Education 1)Director1+2 Pool 2)Additional Dir ector1 Sericulture 1)Director1+2 Pool Socia l Welfare 1)Director1+1 Pool S oil & Wa ter Conserva tion 1)Director1+1 Pool Sport & Youth Services 1)Director1+1 Pool Taxation 1)Commissioner of Taxes1+1 Pool Tourism 1)Director1+1 Pool Trade & Commerce 1)Director1+1 Pool Transport 1)Director1+1 pool 2)Chairman, St ate Level Railwa y Task F orce1 3)Pool for Workshop/Motor Vehicle Inspection3 Urban & Development & Poverty Alleviation 1)Director1+1 Pool - 10 - Ex-543/2014 8BODIES/COMMISSIONS/PSUs etc Aizawl Municipal C ouncil 1)CEO1 2)Secretary1 3)Chairman1 4)Vice Chairman1 5)Executive Councillor1 each 6)Pool1 State Information Commission 1)Chief Infor mation C ommissioner1 2)Information Commissioner1 3)Secretary1 4)Pool2 Mizoram Public Service Commission 1)Chairman MPSC1+1 Pool 2)Member MPSC1 each 3)Secretary MPSC1 Mizoram Board of School Education 1)President1 2)Secretary1 Mizoram Scholarship Board 1)Secretary1 2)Pool for Mobile Camps1 Mizoram State Sports Council 1)Secretary1 2)Pool1 Mizoram Youth Commission 1)Chairman1 2)Pool1 Mizoram Finance C ommission 1)Chairman1 2)Member Secretary1 Mizoram Law C ommission 1)Chairman1 2)Member Secretary1 Mizoram Womens’ Commission 1)Chairperson1 2)Secretary1 MSCU 1)President1 2)CEO1 - 11 -Ex-543/2014 K.V.I 1)Chairman1 2)CEO1 MAHCO 1)Chairman1 2)Managing Director1 MAMCO 1)Chairman1 2)Managing Director1 MIFCO 1)Chairman1 2)Managing Director1 MULCO 1)Chairman1 2)Managing Director1 MIZOFED 1)Chairman1 2)Managing Director1 ZENICS 1)Chairman1 2)Managing Director1 ZIDCO 1)Chairman1 2)Managing Director1 ZOHANCO 1)Chairman1 2)Managing Director1 ZEDA 1)Director1 2)Project Director1 JERC 1)Secretary1 2)Chief Engineer1 3)Members1 each - 12 - Ex-543/2014 ANNEXURE - IIDEPARTMENTS ALLOWED TO KEEP POOL VEHICLES IN THE DISTRICT/ SUB-DIVISIONAL OFFICES 1)Works Departments: 1 vehicle each at Sub Divisional offices of PWD, PHED, P&ED and Minor Irrigation Department for Inspection, Supervision and Monitoring Works within their jurisdict ion. This is not an extension of entit lement a nd the vehicles are to be utilized for the genuine monitor ing/ supervision requirement. 2)NLUP Line Departments: Departments of Agriculture, AH& Vety, Fisheries, Horticulture, Industries, Sericulture, Soil & Water Conservation, E&F Deptt, I&PR Deptt. who require vehicles for implementation of the NLUP Programme are allowed to use such vehicles for the bona fide discharge of the schemes or pr ogrammes under their responsibility. After the scheme ends, the vehicles ma y continues to be used in the District/Sub Division offices as Pool Vehicles. 3)FCS&CA Department: 1 vehicle each at District offices and Legal Metrology Wing for Inspection, Supervision and Monitoring Works within their jurisdict ion. This is not an extension of entitlement and the vehicles a re to be utilized for the genuine monitoring/supervision r equirement. 4)Education Departments: 1 vehicle each at Divisional/Sub-Divisional Offices under School Education Depa rtment a nd Colleges under H&TE Department for Inspection, Supervision and Monitoring Works within their jurisdiction. This is not a n extension of entitlement a nd the vehicles are to be utilized for the genuine monitor ing/inspection/supervision r equirement. 5)Transport Department: 1 vehicle each at District Transport Offices and State Transport Authority for Inspection, Supervision and Monitoring Works within their jurisdiction. This is not an extension of entit lement and the vehicles are to be u tilized for the genuine monitoring/ supervision requirement. 6)Information & Public Relations : 1 Pool vehicle each for District IPR offices for various VIP duties.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 13 -Ex-543/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Thursday 27.11.2014 Agrahayana 6, S.E. 1936, Issue No. 544 THE GAUHATI HIGH COURT AT GUWAHATI(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) NOTIFICATION HC.XI-08/2014/499/RC dated 18.11.2014: The Hon’ble Gauhati High Court is pleased to notify the following Regu la tions with immedia te eff ect: THE GENDER SENSITISATION & SEXUAL HARASSMENT OF WOMEN AT THE GAUHATI HIGH COURT AND THE DISTRICT COURTS (PREVENTION, PROHIBITION AND REDRESSAL) REGULATIONS, 2014 INDEX SL.NO.PARTICULARS 1.PREAMBLE 2.CHAPT ER-1 PRELIMINARY 1.Shor t title, extent and commencement 2.Definitions 3.Prevention of sexua l harassment 3.CHAPTER-II COMPOSITION & CONSTITUTION OF GENDER SENSITIZATION & INTERNAL COMPLAINTS COMMITTEE 4.Constitution of the Gender Sensitization & Internal Complaints Committee 5.Terms of Gender Sensitiza tion & Internal Complaints Committee Members. 6.Meetings of the Gender Sensitization & Int ernal Complaint s Commit tee. 7.Functions of the Gender Sensitization & Internal Complaints Committee. 4.CHAPTER-III COMPLAINT & INQUIRY INTO COMPLAINT 8.Complaint of Sexual Harassment 9.Inquiry into Complaint 10. Inqu iry Report 11. Orders on inquiry Report - 2 - Ex-544/2014 12. Representation 13. Rest raint order 5.CHAPTER-IV POWERS & DUTIES 14. Power of GSICC& Int ernal S ub-Committee 15. Duties 6.CHAPTER-V MISCELLANEOUS 16. Confidentiality 17. Protection of Action taken in good faith 18. Allocation of funds 19. Regulations not in derogation of any other law. THE GENDER SENSITISATION & SEXUAL HARASSMENT OF WOMEN AT THE GAUHAT I HIGH COURT AND THE DISTRICT COURTS (PREVENTION, PROHIBITION AND REDRESSAL) REGULATIONS, 2014 PREAMBLE WHEREAS gender discrimination and sexual harassment resu lts in violation of the fundamental right of a woman to equality under Articles 14 and 15 of the Constit ution of India and her right to life and to live with dignit y under Article 21 of the Constitution of India and right to pract ice any profession or to carr y on any occupation, tr ade or business which includes a right to a safe environment free from sexual harassment, under Article 19(l)(g) of the Constitution of India; AND WHEREAS sensitization against discrimination on the basis of gender and the protection against sexual harassment and the right to work with dignity ar e universally recognized human rights by international conventions and instruments such a s Convention on the Elimination of a ll Forms of Dis crimina tion aga inst Woma n, which has been ra tified on the 25th June, 1993, by the Government of India; AND WHEREAS it is expedient to make provisions for giving effect to the Constitution of India and the said Convention for protection of women against sexua l harassment in the pr ecincts of the Gauhati High Cour t and t he Distr ict Courts; AND WHEREAS it is necessar y to provide for gender sensitization in working environment and protection a gainst sexual harassment of women at the precincts of the Gauhati High Court and the District Cour ts for the prevention and redressal of complaints of harassment and for matters connected therewith or incidental thereto; AND WHEREAS according to the decision inVishaka v. State of Rajasthan, rendered by the Supreme Court in its judgment dated 13 August 1997, in Writ Petition (Crl.) No. 666-70/92, it is necessary to provide for the protection to women; AND WHEREAS in the judgment of the Supreme Court inMedha Kotwal Lele v. Union of India & Ot hers, rendered on 19th October 2012, the necessit y of protecting women fr om a ny form of indecency, indignity and disrespect in all places (in their homes as well as outside), is emphasized and it has been directed to provide new initiatives for education and advancement of women and girls in all spheres of life and the further directions given in the said judgment including t he directions with regard to the need to give instructions/circulars by all statutory bodies such as the Bar Council of India, Bar Associations and State Bar Councils, and the liberty granted in the said judgment to appr oach the respective Courts and the directions to the Courts to effectively consider the grievances raised in this regard; AND WHEREAS following upon and in conformity with the above,in Writ Petition (Civil) No.162 of 2013, Ms. Binu Tanta & Others Vs High Court of Delhi, the Supreme Court of India appointed a Committee for framing regula tions the Gauha ti High Court appoint ed a committee for fra ming regulations to ensu re a sa fe working environment for women in the precincts of the Supreme Court and the said committee having framed regulations to combat the problem of sexu al harassment within the precincts of t he Supr eme Cour t of India and for the redressal of any complained that ma y be filed in that regard; AND WHEREAS the Supreme Court of India in the said Order dated 17.07.2013 in the above referred Writ Petition (Civil) No. 162 of 2013 directed all the High Courts to formulate their own regulation in t he same manner, in order the contain harassment of women in the premises of the High Court and the District Court of the state. AND WHEREAS following upon and in conformity with the above, the Gauhati High Court appointed a committee to ensure a sa fe working environment for women in the pr ecincts of the Gauhati High C ourt and District Courts, and t he said commit tee having fra med regulations to combat the problem of sexual hara ssment within the precincts of the Ga uhati High Court, District Courts including its thr ee outlying Permanent Benches at Kohima, Nagaland, Aizawl, Mizoram, and Itanagar, Aruna chal Pr adesh a nd also the District Courts of these States for the redressal of any complaint that may be filed in that regard; AND WHEREAS upon consider a tion of a ll the views, the Ga uha ti High Cour t by or der da ted 18.11. 2014 was pleased to approve the said regulations and author ize the issuance of the said order for the enforcement of the Regulations inter alia ha ving regard to the aforesaid judgments to r ender full and complete justice; AND WHEREAS now these Regulations are being published as a comprehensive code for prevention of s exual harassment of women within the precincts of the Gauhati High Court and it s Outlying Benches and the District Courts u nder its jurisdiction and for redressal of any complaints that may be lodged in the Gauhati High Court a nd District Courts; The Gauhati High Court hereby makes the following Regulations: CHAPTER I PRELIMINARY 1.Shor t title, extent and commencement - (1) These Regulations may be called the Gender Sensitization & S exual Harassment of Women at the Ga uhati High Court and District Courts (Prevention, Prohibition and Redressal) Regulations, 2014. (2) They shall come into force on such date as the Chief Justice of Gauhati High Court may, by notification in the Officia l Gazette, appoint. 2.Definitions - In these Regulations, unless the context otherwise requires- (a ) “Aggrieved Woman” means, in relation to the Gauhati High Cour t, any female, of any age, whether employed or not, who claims to ha ve been subject ed to any act of sexua l harassment by a ny person in the Gauha ti High Court or District Cour ts and it includes thr ee outla ying permanent Benches at Kohima, Nagaland; Aizawl, Mizoram; and Itanagar, Aruna chal Pa desh precincts and also District Courts of these states;- 3 -Ex-544/2014 (b) “ Appropria te Authority” means in relation to the Gauhati High Court and its three outla ying perma nent Benches at Kohima, Na galand; Aizawl, Mizoram; a nd Itanagar, Arunachal Pra desh, t he s it t in g C hief J u s t ice of t he Ga u ha t i High C ou r t a nd in r ela t ion t o Dis t r ict C ou r t s , t h e Dis t r ict and Sessions Judge of the concerned distr ict; (c ) “Cha irperson” means the Chairperson of the Gauhati High Court Gender Sensitization and Internal Complaint s Committee (GSICC) in relation to t he High Court and Cha irperson of concerned District Court Gender Sensitization and Internal Complaints Committee (DCGSICC) in r elation to District Court; (d) “Chief Justice” in context of the present Regulations means the sit ting Chief Justice of the Gauha ti High C ourt; ( e) “District & Sessions Judge” means the concerned sitting District & Sessions Judge of the respective judicial dist rict; (f) “Habitual Respondent” is a person against whom a previous Complaint of sexual harassment has been received by the GSICC on earlier occasion, irrespective of whether the matter was resolved with or without a n enquir y and except where the respondent has been exonerated in the previous compla int; (g) “GSICC” means the Gauhati High Court and District Courts Gender Sensitization and Internal Complaints Committee constituted under Regulation 4; (h) “Internal sub-Committee” means the sub-Committee set up under Regulation 9; (i) “Member” means a Member of the GSICC; (j) “Prescribed” means prescribed by the present Regulations; (k) “Respondent” mea ns a person against whom the aggrieved woma n has made a Complaint under the present Regulation; (l) “Sexual hara ssment” includes any one or more of the following unwelcome acts or behaviour (whether dir ectly or by implication) namely:- (i) physical contact and advances; (ii) a demand or request for sexual favours; (iii) making sexually coloured rema rks; (iv) showing or exhibiting pornography and/or sexually explicit materials by any means; (v) sending undesir able sexua lly coloured oral or written messages, tex t messa ges, e-mail mess ages,or any such messa ges by electronic, manual or other means; (vi) stalking or consistently following aggrieved woman in the precincts of the Gauhati High Cour t or District Courts a nd outside; (vii) voyeurism including overt or tacit observa tion by the Respondent by any means of the aggr ieved woman in her private moments; (viii) any conduct whereby the Respondent takes a dvantage of his position and subjects the aggr ieved woman to any form of sexual hara ssment and seeks sexua l favours specially while holding out career a dvancements whether explicitly or implicitly, as a n incentive or a natura l result of submitting to the insinuations/demands of the Respondent; (ix) any other unwelcome physica l, verbal or non-verba l conduct of sexual nature; (x) implied or explicit promis e of pr eferential trea tment in her lega l car eer; (xi) implied or explicit thr ea t of detrimenta l treat ment in her lega l car eer; (xii) implied or explicit thr eat about her pres ent or future lega l car eer; (xiii) interferes with her work or creating an intimidating or offensive or hostile work environment for her; or (xiv) any treatment having a sexual colour or content likely to affect her emotional and/or physical health or sa fety. (m) “Gauhati High Court precincts” means the whole pr emises of the Gauhati High Court including the precinct s of it s three permanent outlying Benches at Kohima, Nagaland; Aiza wl, Mizoram; and Itanagar, Aruna chal Pa desh; the Courts Block, open grounds, parking areas, old and new- 4 - Ex-544/2014 Chamber Blocks, lib raries, canteens, bar-r ooms, health centres a nd/or any other part of the premises under the control of the Chief Just ice. (n) “District Courts pr ecincts” means the whole premises of the District and Sessions Judge and the premises of all other courts of the judicia l distr ict with the court block, open grounds, parking, chamber blocks, Libraries, Canteens, Ba r-rooms, Healt h centr es and/or any other part of the premises of judicia l distr ict. Explanation: The District Court precincts also includes the precincts of Family Courts, all Cour ts of Special Judge, Motor Accident Claims Tribunals, Labour Court, Industrial Tribunal, Designated Court, State and District Legal Services Authorities; (o) “Volunteer” means lawyers or other persons enlisted by t he GSIC C without any r emunera tion basis for ca rrying out the objects and purpose of these Regulations. (3) Prevention of sexua l harassment- No woman shall be subjected to sexual harassment at the Gauhati High Court, Princip al Seat, Outlying Bench and in Distr ict Courts. CHAPTER II COMPOSITION & CONSTITUTION OF GENDER SENSITISATION & INTERNAL COMPLAINTS COMMITTEE (4) Constitution of the Gender Sensit ization & Internal Complaints Committee - (1) The Gauhati High Court GSICC is constituted herein to fulfil a very importa nt public function of sensitization of the public to gender issues and to address any complaint s made with regard to sexual harassment at the precincts G auhati High C ourt and Distr ict Courts. (2) The Chief Justice shall, by order in writing, constitute a Committee to be known as the Gauhati High Court Gender Sensitization and Int ernal C omplaints Committee (GSICC) which shall cons ist of not less than five members a nd shall include the following as far as practica ble; (a ) One or two sitting Judges of the Gauhati High Court in terms of the judgment in the case of Vishaka (supra ), one of whom sha ll be the Chairperson of the Committee, to be nominated by the Chief Justice of the Gauhati High Court. (b) One or two senior members of the Gauhati High Court Bar with at least twenty year s of membership of the Gauhati High Court Bar Associa tion to be nominated by the Chief Justice of the Gauhati High Court, one of whom should be a woman; (c ) One or two members to be elected by General Ballot of the Gauhati High Court Bar Association who shall be a registered member of the Gauhati High Court Bar Association for at least ten years out of whom at least one should be a woman; (d) One member preferably a woman, being a member of the High Cour t Advoca tes Clerk’s association nomina ted or elected by General Ballot of the High Court Advoca tes Clerk’s Association. (e) At least one, and at the most two, outside members to be nominated by the Chief Justice from among the persons who are associated with the Socia l Welfare Department or non- governmental organiza tions having experience in the field of social justice, women empowerment, and/or general justice, out of whom one member shall be a woman; (f) One woman officer in the s ervice of the Gauhati High Court not below the rank of a Deputy Registrar to be nominated by the Chief Justice, who shall function as the Member Secr etary of the GSICC; and (g) Any other member that the Chief Justice may deem fit to nominate. (i) Provided that it shall be ensured that the major ity of the Members of GSICC shall be woma n member s. (3) The District and Sessions Judge of the respective judicial district shall also by order in writing, constitute a Committee to be known as the District Gender Sensitization and Internal Complaints- 5 -Ex-544/2014 Committee (DCGSICC) which shall consist of not less than five members and not more than ten members and sha ll include the following as far as practica ble; (a ) One or two Judicial Officers of the distr ict cou rts, one of whom shall be the Chairperson of t he Committee, to be nominated by the District and Sessions Judge; (b) One or two members of the District Bar Association with at least fifteen years of membership of the Bar Association to be nomina ted by the District a nd Sess ions Judge, one of whom should be a woman; (c ) One or two members to be nominated or elected by General Ballot of the District Bar Association who sha ll be a registered member of the Bar Association for at least ten year s out of whom at least one should be a woman; (d) One member prefera bly woman being member of the District Cour t Advocate Clerk’s Association nominated or elected by General Ba llot of the District Courts Clerks Associa tion; ( e) At least one, and at the most two, outside members to be nominated by the District and Sess ions Judge from among the persons who are a ssociated with the Social Welfare Depa rtment or Non-Governmental Organiza tions having experience in the field of social justice, women empowerment, and/or general justice, out of whom one member shall be a woman; (f) One woman officer in the service of the District Court not below the ra nk of a Head Clerk to be nominated by the Distr ict and Sessions Judge, who shall function as the Member Secr etary of the DCGSICC; and (g) Any other member that the District and Sessions Judge may deem fit to nominate. (i) Provided tha t it sha ll be ensured that the majorit y of the Members of DCGSICC sha ll be woman members. (4) The outside member appointed under Clause 4 (2) (d) and if appointed under clause 4 (2) (f), shall be pa id such fees or allowa nces from the a llotted funds for holding the proceedings of the GSIC C as ma y be p rescribed. (5) Wher e the Chairperson or any Member of the GSICC - (a ) has been convicted for an offence or an inquir y into an offence under any law for the time being in force is pending against him/her; (b) fails to constitute an Internal sub-Commit tee to inquire into the Compla int; (c ) fails to ta ke act ion under Regulation 11; (d) cont ravenes or attempts to contravene or a bates contravention of other provisions of these Regula tions or any notifications/ or ders issued there under ; or ( e) in the opinion of the Chief Justice or the Distr ict and Sessions Judge has so abused his/ her position as render his/her continuance in office pre-judicial to the exercise of functions of the GSICC; Such Chairperson or member as the case may be, shall stand removed for thwith from the GSICC by a writ ten order of the Chief Justice or the District and Sessions Judge and the vacancy so created shall be filled up by fresh nomination/election in accordance with the pr ovisions of these Regulations. (5) Term of Gender Sens itization & Interna l Compla ints Commit tee memb ers- The term of each member of the GSICC shall be two yea r s, subject to the member being elec ted/ nominated for a maximum period of two terms, and a member who has been removed under Regulation 4(4) shall not be eligible for re-nomination or re-elect ion. (6) Meetings of the Gender Sensitization & Int ernal Complaint s Commit tee- (1) The GSICC shall meet at least once in a month. (2) Members shall be intimated of meetings and agenda in writing and/or by electronic communication by the Member Secretary.- 6 - Ex-544/2014 (3) Minutes of all meetings shall be recorded, confined and adopted. The Member Secretary shall circu late the minutes of a meeting and t he Resolutions so passed to all Members of the GSIC C within seven days of the holding of the meeting or the passing of the Resolution. (4) The Extra-ordinary Meeting of the GSICC shall be called by the Chairperson with minimum seven days notice to all members. Any member of the GSICC ma y at any time r equest the Chairperson to call an Emergency Meeting with a notice of forty-eight hours. However, this will not pr event the Chair person from convening an emergency meeting without forty-eight hour s notice. (5) The quorum for a ll Meetings shall be one-third of the members of the GSICC. In the event the quorum is not completed for any meeting, an a djourned meeting shall be held within the next 10 days following, for which no quorum shall be required. (6) All motions shall be carried by a simple majority of those pr esent a nd voting at all meetings, except where it is specifically pr ovided for. (7) Whenever a Complaint is received or a Report of the Internal Sub-Committee is submit ted, the Member-Secreta ry shall within a period of s even days request the Chairperson to call either an Ordinary or Emergency Meeting to take action on the same, a nd the Chairperson shall call a meeting for this pur pose not later than fifteen da ys from the date of the Complaint or the Report. If a Member does not attend 3 consecutive meetings he/she sha ll be liable to remova l forthwith by the Chief Justice or the District and Sessions Judge, and the va cancy so created shall be filled in a ccordance with Regulation. (7) Functions of the Gender Sensitiza tion and Internal Complaints Committee - (1) GSIC C shall be responsible for framing a Policy from time to time and its implementation with regard to gender sensitization and prevention and redressal of Sexual Harassment in the Gauhati High Court and the District Cour ts of Assam, Nagaland, Mizor am and Arunachal Pradesh. (2) Gender Sensitization and Orientation: GSICC shall take the following steps with regar d to Gender sensitization and orientation: (i) GSIC C will ensure the prominent publicity of the Policy on Gender sensitization and prevention and redressal of sexua l Harassment in the Ga uhati High Court in all places in the Gauhati High Court and in the precincts of its thr ee outlying permanent Benches at Kohima, Nagaland; Aizawl, Mizoram; and Itanagar, Arunachal Pradesh including District Courts; such as the Court building, old and new chamber blocks, library, health centre, canteens etc. (ii) GSIC C will organize programs for the gender sensitization of the Gauhati High Court community through workshops, seminars, posters, film shows, deba tes, displays, etc. (iii) GSIC C shall submit an Annual Repor t by December 31 every year to the Chief Justice or the District and Sessions Judge as the case may be which shall be made public outlining the activities undertaken by it and cha rting out a blueprint for the activities/ steps to be ta ken up in the following year along with necessa ry budget allowances required by it. The GSICC shall include in its Annual Report the number of cases filed, if a ny, and their disposa l under these R egulations in the annual report. (iv) GSIC C may enlist the help of NGO’s associa tions, volunteers, lawyer ’s bodies and the Judicial Academy, or the concerned legal services authorities to carry out these programs. (v) GSICC will enlist a nd act ivate an adequately representative tea m of volunteers and shall ensure the widespread publicity of the contract details (both official and personal) of a ll its members and volunteers. The ser vice of such volunteer s shall be available at all times to any aggr ieved woma n or a ny p erson in need of consulta tion or guidance. Volunteers will also assist in the Gender sensitization, crisis mediation and crisis mana gement duties of GSICC, but shall not participate in the task of formal r edressa l of complaints under t hese Regulations and Procedures.- 7 -Ex-544/2014 (vi) GSIC C will organize and tra in members and volunteers to equip them to handle sexual hara ssment cases including legal a nd medical aspects of aid. (3) Crisis Mana gement and Mediation- The concerned GSICC shall ensure that there is quick and resp onsive crisis management, counselling and mediation available to all t he aggr ieved women expeditiously which shall include the following activities : (i)GSIC C will a ssist in the mediation of crises arising out of incidents of sexua l harassment at the precincts of the Gauhati High Court or District Court. (ii) No mediation shall conclude without approval of the GSICC, and the mediated settlement shall be effected and be enforceable only on it being duly appr oved by the GSIC C, which shall satisfy itself that the said mediation settlement is voluntary, fair, unbiased, a nd free from any extra neous consider ation or influence. GSIC C will coordina te with the Registry of the High Cour t or the concer ned District and Sessions Judge as the case may be to devise ways and means by which a system of prevention of and crisis management that is gender sensitive as well as prompt and effective is put in place. It will maintain regular contact through the Member Secretary with the Registry of the High Cour t or concerned District and Sessions Judge as the case may be to ensure that in crisis arising out of incidents of sexua l harassment, GSICC members, and/or the volunteers identified by it, shall be intimated of such incidents without delay. (4) Compliant Redressal- The concerned GSICC shall ensure that every compla int of an aggrieved woman is adequately dealt with in accordance with the established procedure and with complete sensitivity. T he GSICC shall ha ve the power to inquir e into and pass or ders against the Respondent/deviant/delinquent in a complaint made in relation to any form of sexual harassment in the entire precincts of the Gauhati High Court or District Courts as the case may be. CHAPTER III COMPLAINTS & INQUIRY INTO COMPLAINT 8.Complaints of Sexual Harassment - (1) Any aggrieved woman may make a complaint in writ ing of s exual harassment at the precincts of the Gauhati High Court or District Court to the GSIC C through the Member S ecretar y in accordance with the form and procedure so notified by it. Provided that where the aggrieved woma n is unable to make such a complaint in writ ing due to any reason, the Member of the GSIC C or volunteer s, as the case may be, shall render all reasonable assistance t o the woman for making the complaint in writing. (2) Wher e the a ggrieved woman is una ble to make a complaint on a ccount of her physica l or mental inca pacity or death or for any ot her reason, her legal heir/represent ative or such other person directly concerned with her interest may make a compla int under this Regulation. 9.Inquiry into Complaint- (1) On receiving a complaint and upon it being with regard to the genuineness of the Compla int, the GSICC shall constitute an Internal Sub-Committee to conduct a fa ct finding inquiry, which shall comprise of three members of the GSICC itself, or such other persons as to be so nominated by the GSIC C in it s meeting, with majority members being women, and a t least one person being a n out side member. (2) The Internal Sub-Committee sha ll conduct an inquiry a nd shall hear and duly record t he statements of the aggrieved woman, the Respondent, and any other person the said par ties wish to examine, su bject t o the pr ovisions of Regulation 13(2), and thereafter it sha ll prepa re a Report and enclose therein the complete proceedings of the Inqu iry.- 8 - Ex-544/2014 (3) The fact-finding inquiry into a Complaint shall be conducted and completed within ninety days of t he Constitution of the Internal Sub-Commit tee. Provided that the validity of any inquiry shall not be called into question upon the inquiry not being completed with the stipula ted period due to reasons beyond the contr ol of t he Internal Sub-Committee. 10. Inquiry Report- (1) On t he completion of any inquiry under these Regulations, the Internal sub-Committee shall provide the Inquiry Report of its findings along with the complete record of the inquiry proceedings including the pleadings and all t he material on record to the GSICC within a period of ten days from the da te of completion of the inquiry and such Report shall also be made available to the concerned parties. (2) Wher e the Internal sub-Committee a rrives at the conclusion that the allegation against the Resp ondent has not been proved, it shall recommend to the GSICC that no act ion is required to be t aken in the mat ter. (3) Wher e the Internal sub-Committee, arrives at the conclusion that the allegation against the Resp ondent has been proved, it shall recommend to the GSIC C to ta ke appr opriate action for gender discr imination and/ or sexual harassment. (4) Upon consider ation of the material on record and the Inquiry Repor t of the Internal Sub- Committee, if more than two-thirds of the members of the GSICC differ from the conclusion of the Internal sub-Committee, the GSICC shall, upon hearing the aggrieved woman and Resp ondent in per son, record its reasons to so differ and ta ke cons equent a ction a ccordingly. (5) The GSICC shall pa ss orders either accepting or rejecting the Inquiry Report of t he Internal Sub-Committee and thereaft er pass consequent orders that may be appropriate and necessary for putting an end to the sexual harassment and take all steps to secur e justice to the victim of sexu al harassment within 1 5 days of submission of the Inquiry R eport of the Internal sub- Committee, excluding the period of holida ys, and/or vaca tion of the Ga uhati High Cour t or District Court as the case may be. Provided that the validity of the orders of the GSICC shall not be ca lled into quest ion for the same not being passed within the stipulated time. 11. Orders on Inquiry Report- (1) Subject to Regulation 9(1 ) above, the GSICC shall have power to pass the following orders to secure justice to the victim of sexual harassment: (a ) admonition; (b) admonition with publication of such admonition in the precincts of the High Court and District Court including ca use lists and website of Gauhati High Court and District Cour t without mentioning the name of the victim woman. ( c ) prohibition from harassing the vict im in any manner inclu ding, but not limited to prohibition from communicating with her in any manner such as phones, messages, electronic means physical or other means for a specified period; and (d) subject to Regulation 11(2), pass all orders, directions, and/or direct taking steps necessary for putting an end to the sexual harassment of the aggrieved woman. (2) GSiCC at the High Court L evel and Distr ict Court level will also have the power to recommend to the Chief Justice or the concerned District and Sessions Judge to pass orders against the Resp ondent including, but not limited to the following: (a ) deba rment of entry into the Gauhati High Court or concerned District Courts precincts for a specified period extending up to a maximum period of one year; and- 9 -Ex-544/2014 (b) in appropriate cases, to recommend filing of a crimina l complaint and/or a disciplinary complaint before the concerned disciplinary authority governing the Respondent (including the concerned Bar Council) for taking appr opr ia te action, and the Chief J ustice or concerned District and Sessions Judge may pass orders thereon subject to Regulation 12. (3) The GSICC shall pass orders on the inquir y report and/or shall make recommendations to the Chief Justice or concerned District and Sessions Judge within 30 working days of submission of the Inqu iry Report, excluding the period of vacation of the Gauha ti High Court or District Cour t and communicate the same to the parties forthwith. (4) The GSICC and the Internal Sub-Committee shall have the jurisdiction to inquire into a complaint and take any action thereon notwithstanding that any criminal complaint or any other complaint under any ot her law (including a disciplinary proceeding under the Advocates Act, 1961) may have been filed wit h respect to t he same complaint/actions. (5) The orders of the Chief Justice or the concerned District and Sessions Judge and GSICC s hall be final and binding on the parties. 12. Repr esentation- Any person aggrieved by the order pa ssed (or not passed) by the GSICC under Regulation 11(1), or recommendation made by the GSICC to the Chief Justice or the concerned District and Sessions Judge under Regulation 11(2 ), or non-implementation of such orders or action may make a representation to the Chief J ustice or the concerned Distr ict and Sessions Judge who shall have the power to set aside or modify the orders passed at the recommendation made as the Chief Justice or the concerned District and Sessions Judge may deem fit, a nd also have the power to issue such orders or directions that may be necessary to secure complete justice to the victim of sexu al harassment. The repr esentation under Regulation 12(1) sha ll be preferred within a period of ninety days of communication of the order of recommendation. 13. Rest raint Or der- (1) On t he receipt of a Compla int and during the pendency of the Inquiry, on a written request made by the aggrieved woman, the GSICC if it considers it fit and pr oper ma y recommend specific interim measures to be taken in a signed decis ion to the Chief Justice or the concerned District and Sessions Judge, who on receipt thereof may pass such interim orders that ma y be required for the personal safely and for safeguarding the dignity of the aggrieved woman, and both the aggrieved woman and the Respondent shall be bound by the same. (2) Upon disobedience, defiance or violation of the order pa ssed under clause (1) above by the Resp ondent, the GSICC shall close and/or strike off the defence of the Respondent and pass fina l orders under Regulation 10(5) and Regulation 11. CHAPTER IV POWERS & DUTIES 14. Powers of GSICC & Internal Sub- Commit tee- (1) The GSICC shall ha ve the power t o issue circula rs/notifications prescribing its pr ocedure and for the pur pose of carting out a nd implementing the provisions of t he present Regulations in their spirit and intent. (2) The GSICC shall ha ve the power to pass any orders to be able to car ry out the objectives and mandate to the present Regulations inclu ding directing any par ty or person to take a ny suitable action. (3) For the purpose of making an inquiry, the GSICC and the Interna l sub-committee shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit in r espect of the following matters, namely: (a ) Summoning a nd enforcing the attendance of any person a nd examining him on oath;- 10 - Ex-544/2014 (b) Requiring the discovery and production of documents; and (c ) Any other matter which may be prescribed. (4) T he GSICC by Resolu tion to be pas sed by two-thirds majority may r emove any member of the Internal sub-Commit tee and appoint a new member in his/her place, only if it is of the view that such a member ha s acted prejudicially to the principles of natural justice, fair play and has acted with bias in the conduct of the Inqu iry. (5) The GSICC shall at all times have supervisory powers over the Internal Sub-Committee and it may issue directions to the Internal sub-C ommittee from time to time in accorda nce with the provisions of the present Regulations. 15. Duties- The GSICC in coordination with and with the assistance of the Registry of the Gauhati High Cour t or the concerned District and Sessions J udge shall— (a ) take measur es to pr ovide a safe working environment at the precincts of the Gauhati High Court or District Court; (b) display at any conspicuous place in the Gauhati High Court or Distr ict Court and on its web- site, the penal consequences of sexual har assment a nd the or der constituting t he Internal Committee under the present Regulations; (c ) display at any conspicuous place in the Gauhati High Court or Distr ict Court and on its web- site, the status a nd outcome of complaints of sexual harassment; (d) orga nize workshops and awareness progra mmes at regula r intervals for sensitizing the per sons carr ying out work at the Gauhati High C ourt or District Court premises with the pr ovisions of the present Regulations and orienta tion pr ogrammes for the members of the Internal Committee for dealing with the complaint a nd conducting an inquiry; (e) assist in securing the attendance of respondent and witnesses before the Internal sub- Committee; (f) obtain such information for the Internal Sub-Committee as it may require regard to the complaint; (g) cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the Respondent and/or the perpetra tor; (h) monitor the timely submission of r eports by the Internal Sub- Committee; and (i) take any other action and/or measures to ensure an effective and meaningful implementa tion of t he present Regulations. CHAPTER V MISCELLANEOUS 16. Confidentiality - (1) The contents of the complaint ma de under the present Regulations, the identity and addresses of t he aggrieved woman, respondent and witnesses, any information relating to the inquiry proceedings, recommendations of the GSICC and the action taken by the GS ICC shall be confidentia l and shall not be published, communicated or made known to the public, press and media in any manner except upon the aggrieved woman submitting a specific request to do in writ ing and upon the GSIC C acceding to the sa id request. (2) Upon the Respondent being found guilty, informa tion may be disseminated regar ding the justice secured to a ny victim of s exual ha rassment under these R egulations without disclosing the name, address, identity or any other particulars calculated to lead to the identifica tion of the aggr ieved woman a nd witness. 17. Protection of action taken in good fait h- No suit, pr osecution or other legal proceedings shall lie against the Chief Justice or the concerned District a nd Sess ions Judge, GS ICC and the Internal Sub- Committee or its members in respect of anything which is done or intended to be done in good faith in pursuance of these Regulations, and the circulars/orders/notifica tions issued there under.- 11 -Ex-544/2014 18. Allocation of funds- The Chief Justice or the concerned Distr ict and Sessions Judge may, subject to the availability of financial and other resources allocate and provide suita ble funds as ma y be pr escrib ed (a ) for the effective implementation of the present Regulations; (b) for development of relevant information, education, communication and training materials, for the organization of awareness programmes, and for dvancement of the understanding of the public of the provisions of these Regulations; or (c ) for organizing orientation and tra ining programmes for the members of the GSIC C, Internal Sub-Committ ees, volunteers , couns ellor s etc. 19. Regulations not in derogation of any other law- (1) The provisions of these Regulations shall be in addition to and not in derogation of the provisions of a ny other law for the time being in force. (2) The provisions of the present Regulations shall not bar a ny Cour t from taking cognizance of any offence punishable under any other enactment or law. By Or der, M.K. Bhattacharjee REGISTRAR GENERALPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 12 - Ex-544/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Thursday 27.11.2014 Agrahayana 6, S.E. 1936, Issue No. 545 NOTIFICATIONNo. H. 12017/55/2014-LJD, the 18th November, 2014.The following Centra l Ordinance is hereby re-published for general information. The Textile Underta kings (Nationalisation) Laws (Amendment and Validation) Ordinance, 2014 (Ordinance No. 6 of 2014) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. MINISTRY OF LAW AND JUSTICE (Legisla tive Dep art ment) New Delhi, the 24th October, 2014/Kartika 2, 1936 (Saka) THE TEXTILE UNDERTAKINGS (NATIONALISATION) LAWS (AMENDMENT AND VALIDATION) ORDINANCE, 2014 No. 6 of 2014 Promulgated by the President in the Sixty-fifth Year of the Republic of India. An Ordinance further to amend the S ick Textile Undertakings (Nationalisation) Act, 1974 and the Textile Undertakings (Nationalisation) Act, 1995 in order to continue with the lease-hold rights vested in the National Text ile Cor poration on completion of the lease-hold tenure; WHERE AS the National Textile Corpor ation subserves the interests of the general public and the land continue to be in possession of the said C orporation; AND WHEREAS various other textile under takings have been nationalised from time to time and their assets vested absolutely in the Central Government and thereafter transferred to the National Textile Corporation Limited by the Central Government free from all encumbrances; AND WHEREAS after the nationalisation of the textile undertakings, a large sum of money have been invested with a view to making the said textile undertakings viable; 57 of 1974. 39 of 1995. - 2 - Ex-545/2014 AND WHEREAS the Central Government has taken initiative, to revive cer tain sick underta kings including the Na tional Textile Corpora tion under a revival scheme sanctioned by the Board for Industrial and Financial Reconstruction under the Sick Industrial Companies (Special Provisions) Act, 1985; AND WHEREAS it is necessary for the proper and effective implementation of the revival scheme and to protect the public investment in the acquired textile undertakings and to explicitly cla rify the status of such vesting of the lease-hold rights in the Centra l Government; AND WHEREAS Parliament is not in sess ion and the Pr esident is satisfied that circumstances exis t which render it necessary for him to take immediate act ion; Now, THE REFORE, in exercise of the powers conferred by clause (1) of article 123 of t he Constitution, the Pr esident is pleased to pr omulgate the following Ordinance:— CHAPTER I PRE LI M I N ARY 1. (1) This Ordinance ma y be ca lled the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Ordinance, 2014. (2) It shall come-into force at once. CHAPTER II AMENDMENTTOTHE SI CK TEXTILE UNDERTAKINGS (NATIONALISATION) ACT, 1974 2. On and from the date of commencement of the Sick Textile Undertakings (Nationalisa tion) Act. 1974, (hereafter in this Chapter r eferred to as the principal Act), in section 3 after sub-section (2 ), the following sub-s ections shall be inserted and shall be deemed to have been inserted, namely:— “(3) Notwit hsta nding t he tr ansfer and vesting of a ny s ick t extile undertaking to the National Textile Corpor ation by virtue of sub-section (2), the lease-hold rights of the sick textile undertakings shall continue to remain vest ed in the Centr al Government on payment of lease-hold rents and shall be discharged, for and on behalf of that Government, by the National Textile Corpor ation as a nd when pa yment of such lease-hold rents or a ny amount becomes due and payable. (4) Subject to sub-section (3), no court shall have jur isdiction to order divestment from the Nationa l Textile Corporation of the pr operty vested in it by t he Central Government.”. 3. On and fr om the date of commencement of the pr incipal Act, in section 4, after sub-s ection (7), the following sub-sections shall be inserted a nd shall be deemed to have been inserted, namely:— “(8) Notwithstanding the fact that the textile operations have been discontinued in any sick textile undertaking being revived, shall for all effects and purposes be deemed that the textile operations are being cont inued and no suit or proceeding shall be instituted or if instituted be maintainable against the1 of 1986. 57 of 1974. Short title and com- mencement. Amendment of section 3. Amendment of section 4. National Textile Corporation on the ground that it has discontinued such activity in the sick textile undertaking. (9) For the remova l of doubts, it is hereby declared that the continued deemed vesting of the lease-hold la nd in the Central Government sha ll not affect, impa ir or in any manner pr ejudice the rights of the National Textile Corporation to prosecute or defend any proceedings as a subsequent vestee in resp ect of any such lease-hold rights and no such proceedings shall fail only on account of the non impleadment of that Government.”. 4. After section 40 of the principal Act, the following section shall section be inserted, namely:— “41. Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or other authority,— (a) the provisions of this Act, as amended by the Textile Under takings (Nationalisation) Laws (Amendment a nd Valida tion) Ordinance, 2014, shall have and sha ll be deemed always to have effect for all pur poses as if the provisions of this Act, as amended by the said Ordinance, had been in for ce at a ll material times; (b ) any lease-hold pr operty divested from the Na tional Textile Corporation to any person under the provisions of this Act, as it stood immediately before the commencement of the Textile Undertakings (Nationalisation) Laws (Amendment and Va lidation) Ordinance, 2014, shall stand tra nsferr ed to and vest or continue to vest , fr ee from a ll encumbrances, in the National Text ile Cor poration in the same ma nner as it was vested in the Nationa l Textile Corporation before such divesting of that property under the provisions of this Act, as if the pr ovisions of this Act as amended by the aforesa id Ordinance, were in force at all material times; (c) no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any cour t or tr ibunal or authority for the enforcement of a ny decr ee or order or direction given by such court or tribunal or authority, notwithstanding any underta king filed by the National Textile Corporation in a ny cour t or tribunal or author ity, directing divestment of such lease-hold property from the Na tional Textile Corpora tion vested in it under section 3 of this Act, as it stood before the commencement of the Textile Undertakings (Nationalisation) Laws (Amendment and Va lidation) Ordinance, 2014, and such lease-hold property shall continue to vest in the National Textile Corporation under section 3 of this Act a s amended by the aforesaid Ordinance, as if the said section was in force at all material times; (d) any tra nsfer of any property, vested in the National Textile Corporation, by vir tue of a ny order of attachment, seizur e or sale in execution of a decr ee of a civil court or orders of any tribunal or other authority in respect of lease-hold property vested in the National Textile Corporation which is cont rary to the pr ovisions of this Act, as amended by the Text ile Undertakings (Nationalisa tion) Laws (Amendment and Validation) Ordinance, 2014, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the National Textile Corporation under this O rdinance.”.Insertion of new section 41. Validation. - 3 -Ex-545/2014 CHAPTER III AMENDMENTS TO THE TEXTILE UNDERTAKINGS (NATIONALISATION) Act, 1995 5. On and from the date of commencement of the Textile Undertakings (Na tionalisation) Act, 1995 (hereaft er in this Chapter referred to as the principal Act), in section 3, after sub-section (2 ), the following sub-sections shall be inserted and shall be deemed to have been inserted, namely:— “(3) Notwithstanding the transfer and vesting of any t extile underta king to t he National Textile Corporation by virtue of sub-s ection (2), the lease-hold rights of the textile undertakings shall continue to remain vested in the Central Government on payment of lease-hold rents and shall be discharged, for and on behalf of that Government, by the National Text ile Corporation as and when payment of such lease-hold rents or any amount becomes due and paya ble. (4) Subject to sub-section (3), no court shall have jur isdiction to order divestment from the Nationa l Textile Corporation of the pr operty vested in it by t he Central Government.”. 6. On and fr om the date of commencement of the pr incipal Act, in section 4, after sub-s ection (7), the following sub-sections shall be inserted a nd shall be deemed to have been inserted, namely:— “(8) Notwithstanding the fact that the textile operations have been discontinued in any textile undertaking being r evived, shall for all effects and purposes sha ll be deemed that the textile operations are being continued and no suit or proceeding shall be instituted or if instituted be maintainable aga inst the National Textile Corpor ation on the gr ound that it ha s discontinued such activity in the textile undertaking. (9) For the remova l of doubts, it is hereby declared that the continued deemed vesting of t he lea se-hold la nd in the Centra l Government shall not affect, impa ir or in any ma nner pr ejudice the rights of the National Textile Corporation to prosecute or defend any proceedings as a subsequent vestee in resp ect of any such lease-hold rights and no such proceedings shall fail only on account of the non-impleadment of that Government.”. 7. After section 38 of the princip al Act, the following section shall be inserted, namely:— “39. Notwithstanding anything contained in any judgment, decree or order of a ny cour t, tribunal or other authority,— (a) the provisions of this Act, as amended by the Textile Under takings (Nationalisation) Laws (Amendment a nd Valida tion) Ordinance, 2014, shall have and sha ll be deemed always to have effect for all pur poses as if the provisions of this Act, as a mended by the said Ordinance, had been in for ce at a ll material times; (b ) any lease-hold pr operty divested from the Na tional Textile Corporation to any person under the provisions of this Act, as it stood immediately before the commencement of the Textile Undertakings (Nationalisation) Laws (Amendment and Va lidation) Ordinance, 2014, shall stand tra nsferr ed to and vest or continue to vest , fr ee from a ll encumbrances, in the National Text ile Cor poration in the same ma nner as it was vested in the Nationa l Textile Corporation before such divesting Amendment of section 3.39 of 1995. Amendment of section 4. Insertion of new section 39. Validation.- 4 - Ex-545/2014 of that property under the provisions of this Act as if the pr ovisions of this Act, as amended by the aforesa id Ordinance, were in force at all material times; (c) no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any cour t or tr ibunal or authority for the enforcement of a ny decr ee or order or direction given by such court or tribunal or authority, notwithstanding any underta king filed by the National Textile Corporation in a ny cour t or tribunal or author ity, directing divestment of such lease-hold property from the Na tional Textile Corpora tion vested in it under section 3 of this Act, as it stood before the commencement of the Textile Undertakings (Nationalisation) Laws (Amendment and Va lidation) Ordinance, 2014, and such lease-hold property shall continue to vest in the National Textile Corporation under section 3 of this Act, as amended by the aforesaid Ordinance, as if the said section was in force at all material times; (d) any tra nsfer of any property, vested in the National Textile Corporation, by vir tue of a ny order of attachment, seizur e or sale in execution of a decr ee of a civil court or orders of any tribunal or other authority in respect of lease-hold property vested in the National Textile Corporation which is cont rary to the pr ovisions of this Act, as amended by the Text ile Undertakings (Nationalisa tion) Laws (Amendment and Validation) Ordinance, 2014, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the National Textile Corporation under this O rdinance.”. PRANAB MUKHERJEE, P resident . DR. SANJAY SINGH, Secr etary to the Govt. of India.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 5 -Ex-545/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Wednesday 17.12.2014 Agrahayana 26, S.E. 1936, Issue No. 570 NOTIFICATIONNo. H. 12018/233/2013-LJD, the 4th December, 2014.The following Act is hereby re-published for general information. The Mizo Ma rriage, Divorce and Inherita nce of Property Act, 2014 (Act No. 9 of 2014) {Received the assent of the Governor of Mizoram on the 28th November, 2014}. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. Act. No. 9 of 2014 THE MIZO MARRIAGE, DIVORCE AND INHERITANCE OF PROPERTY ACT, 2014 An Act to pr ovide for the law relating to Marriage, Divorce and Inherit ance of Property among the Mizo and connected matter therewith. It is enacted by the Mizoram Legislative Assembly in the Sixty-Fifth year of the Republic of India as follows, namely :- CHAPTER - I PRELIMINARY 1.Short title, extent and commencement : (1) This Act may be called the Mizo Marriage, Divorce and Inheritance of Property Act, 2014. (2) It extends to the whole of Mizoram except the three Autonomous Districts in Mizoram constituted under the Sixth Schedule to the Constitution of India. (3) It shall come into force from the date the Government may by Notification in the Official Gazette appoint. - 2 - Ex-570/2014 2.Application of the Act : This Act a pplies to any person who belongs to any Mizo tribe. It also applies to marriages where male members of the parties belongs to any Mizo tr ibe. 3Definitions : In this Act , unless the context otherwise requires :- (a)‘Acquired property’ mea ns a ny property other tha n inher it ed pr operty acquired by a ny person or by the family by any means; (b)‘Ancestral property’ mea ns a cop arcenar y property. The property belonging to three male parental ancestors in the unbroken line of ascent viz. the father, grandfather and great grantfather, it is not inclusive of maternal ancestr al who a re a lso an ancestor of a person. Therefor e, property inherited from ma ternal grandfather is not an ancestra l property; (c)'Coup le' mea ns and a pplies to husba nd and wife who are mar ried under this Act and any other law for the time being in force; (d)'Court' means any Civil Court having original jurisdiction over the a rea; (e)'Decr ee' means and a pplies the for mal expr ession of an adjucation which, so fa r as regards the court expressing it, conclusively determines the rights of the parties with regar ds to all or any of the matters in cont roversy in the suit and may be final in so fa r as the Act is concerned; (f)'Desertion' means abandonment against the will of the person charging it; (g)'Divorce' mea ns for the purpose of this Act the va rious means of dissolution of marriage or sepa ration amongst the Mizo by means of the Mizo custom namely:'Mak', ‘Sumchhuah’, 'Kawngka Sula Mak', 'Uire', 'Atna avanga in`hen', 'Nupui Fana u chhua hsan, ‘Sumlait an’; (h) ‘Falak’ means a child whose father is not identified; (i)‘Head of family’ means a person who manage, rule and cont rol all the movable and immovable properties of the family; (j)‘Licenced Officer ’ means a ny person authorised/permitted by any religious denomination to solemnize marria ge under this Act; (k) ‘Lawichal’ means a ma le person appointed by the br ide’s family to safely escor t the bride and her party as she leaves for the house of the brigdegroom and to present her to the bridegroom; (l) ‘Lawi’ means the bride entering t he home of the bridegr oom after leaving her home; (m) 'Mizo' means and applies to individuals who ar e Mizo by birth; by adoption of minor child and persons who ha ve been a ccep ted a s Mizo by the Society and Community at la rge; (n) ‘Major’ means for the purpose of marriage, a person who, if a male, ha s completed twenty- one years of age, and if a female, has completed eighteen years of age; (o) ‘Ma n’ means marriage price paid by the bridegroom and r eceived by the head of the bride’s family. However, marriage price not paid by mutual agreement of t he parties does not inva lidate the marriage if solemnized under this Act; (p) ‘Man pui’ means the main marriage price and ‘ `hutphah’ is a secur ity money paid alongwith the main ma rriage price bu t retur ned to the bridegroom’s family through palai; (q) ‘Man `ang’ means the marriage price the head of fa mily gives in certain amounts mainly to nea r rela tives as t heir sha res of the mar ria ge pr ice; (r)“Marriage” mea ns a union of a man and a woman who a re both major as husba nd and wife upon the ha ppening of the following sequence of events : (i)a ma le suit or conveys a pr oposal for mar riage of a woma n through palai to the head of the family of the woman he wants to ma rry; (ii) if the woman’s family accepts the proposal after obtaining the consent of the woman, quantum of man is fixed by the head of br ide’s family a nd the da te and venue for payment of marriage price and of solemniza tion of marriage are fixed; (iii) the man pays the marriage price through palai ; (iv) on the day marriage is solemnized and a t the appointed time, the bride under escor t by lawichal leaves her home and family to live with the bridegroom; - 3 -Ex-570/2014 (v) the Licenced Officer chos en by the parties to administer solemnization of marriage is informed of the intended marriage and is duly solemnized; (vi) when the ma rriage has been done in accordance with the customary rites and procedures as mentioned above or as per marriage solemnised by the Licenced Officer, the mar riages becomes complete a nd binding; (s)‘Palai’ means a person or persons, not less than two in number, appointed by t he brigegr oom’s family as negotiators to negotiate and s ettle the marriage; (t)‘Property’ means any property mova ble or immova ble; (u)‘Persona l pr operty’ means a ny property registered in the persona l name of a person and any other pr operty purchased or gifted or inherit ed and so owned and possessed by a person; (v)'Re-marriage' means a marriage of a person who becomes single after his/her previous marriage; (w) ‘Sawn’ means illegitimate child and ‘s awn man’ means money tha t is ^ 40/- paid to the woma n with whom a man has a child without getting marr ied; (x)‘Woman’s personal property’ means any property purchased or gifted or inherited and owned by a woman as her personal property inclusive of a ny property ownership of which is registered in her name and brought by her to the house of her husband at the time of marriage. CHAPTER - II MARRIAGE 4.Marriage price :The marriage price consists of man pui which is not less than ^ 420/-. 5.Settlement of marriage price :The marriage price pa id through palai shall be recorded in writing as p er Schedule I in two copies a nd are signed by the head of the bride’s family a nd by the palai. One copy is for the br ide’s family a nd the other copy for the bridegroom.The main ma rriage price when received is distributed as man `ang by the hea d of the family to different persons mostly near relatives, in the manner shown in Schedule II. 6.Notice of intended marriage :Notice of intended marriage is to be given to the Licenced Officer by the parties desire to solemnize the marria ge. Upon r eceipt of such information, the Licenced Officer sha ll fix the date and place for solemnization in consultation with the concerned parties. He will cause notice of the intended marriage to be affixed in some conspicuous place or make announcement as per the rule, mode or pra ctice of the r eligious denomina tion of which he is a Lic enced Officer. 7.Solemniza tion of marriage : (1) The mar ria ge may be solemnized by the Licenced Officer who will include any ordained Minister/Reverend/Pa stor /Author ised Elder (Upa )/Commissioned Officer/Pr iest (Tir hkoh)/ Orda ined Pr iest of Religion accor ding to the rules, r it es , c e r e mo n ie s a nd c u s t o m o f t h e Religion of which he is holding such office. (2) The marria ge must be solemnized in the presence of at lea st t wo witnesses besides t he Licenced Officer who administers solemnization and t ha t the best ma n and t he bridesma id will be competent witnesses. 8.Voidable Marriage :A ma n and a woman living together on inru or tla ndun or fan or luhkhung is not a valid marriage unless regular ised under this Act. Explanation:(i)‘ inru’ means a man taking a woman to live with him as his wife; (ii) ‘tlandun’ means elopement of a man and a woman; (iii)‘ fan’ means a man leaving his house and living with a woman in the woma n’s hou se as husband and wife; - 4 - Ex-570/2014 (iv)‘luhkhung’ means a woman leaving her house and living with a ma n in the man’s house as husband and wife; 9.Degrees of prohibited relationship :A man cannot enter into a marr iage wit h any of the persons the rules or practice of the religious denomination of which he is a member prohibits a nd a woma n cannot enter into a marriage with a ny of the persons the rules or practice of t he religious denomination of which she is a member prohibits. 10.Void marriages:The living together as husband and wife of (a) two persons of the same sex (b) a person with another person having a spouse living and (c) either or both are under age are void ab- initio. 11.Marriage Certificate : (1) A certifica te of ma rriage is to be issued by the Licenced Officer who administers solemniza tion and the certifica te so issued will be the conclusive proof of marriage. (2) In the certificate so issued, the words ‘See section 7 of the Mizo Marriage, Divorce and Inheritance of Property Act, 2014’ or In accorda nce with the Mizo Mar riage, Divorce and Inheritance of Property Act, 2014’ must be inserted as a mark of judicial authentication. (3) In c ase of other s, a certificate issued a fter s ettlement of M arria ge Price vide Schedule I and duly registered under the Mizoram Compulsory Registration of Mar riages Act, 2007 shall be a conclusive proof of Marriage. 12.Registration of marriage : Every marr iage solemnized under this Act shall be registered under the Mizoram Compulsor y Registra tion of Marria ge Act, 2007 or any other law for the time being in for ce. CHAPTER - III DISSOLUTION OF MARRIAGE 13.Grounds for dissolution of ma rriage : (1) Any marriage befor e or after the commencement of this Act, may, on petition presented to the cour t either by the husba nd or the wife, be dissolved and a divorce decree be gra nted on the following grounds : (i)the respondent ha s committed adultery; or (ii) due to irreconciliable incompatibility; or (iii) the respondent has treated the petitioner with such cruelty as to cause a reasonable appr ehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent; or (iv) the respondent has been incurably of unsound mind for a cont inuous period of not less than three years immediately preceeding the presentation of the petition; or (v) the respondent has, for a period of not less tha n three years immediately preceeding the representation of the petition, been suffering from a virulent and incurable form of leprosy or a ny disease in a communicable form which endangers the life of the spouse; (vi) the respondent has not been heard of as being a live for a period of seven years or more by those persons who would have naturally have heard of the respondent if the respondent had been alive; or (vii) the wife refuse to go on ‘Lawi’ ; (viii) the respondent has wilfully refused to consummate the ma rriage a nd the marriage has thereof not been consummated; or (ix) the respondent has deserted the petitioner for a t least two years immediately preceeding the present ation of the petition; or (x) by mutual consent; - 5 -Ex-570/2014 (2) A wife or husband may also present a petition for the dissolution of their mar riage on the ground that the spouse has, since the solemniza tion of the ma rriage been found guilty of r ape, sodomy or bestiality. 14.Judicial separation : (1) Either party to a marriage, whether solemnized before or aft er the commencement of this Act, may present a petit ion praying for a decree for judicia l separa tion on any of the grounds specified in sub-section(1) of section 13. (2) Wher e a decree for judicial sepa ration has been passed, the court may, on the application by petition of eit her party a nd on being satisfied of the truth of t he sta tements made in such petition, rescind the decree if it considers it just and r easonable to do so. (3) A pr oceeding for judicial separation shall not exceed a period of six months a nd after the expiry of s ix months, the Court s hall pronounce dissolution of marriage within a period of s ixty da ys. 15.Power of the court to pronounce decree for dissolving marriage. In case the court is satisfied on the evidence that the case of the petitioner has b een proved, and does not find that the petitioner ha s been in any manner accessory to, or conniving at the going through of the said form of marria ge, or has condoned the adult ery complained of, the court shall pronounce a decree, and grant a Certificate of Divorce as in Schedule III declaring such marriage to be dissolved. CHAPTER - IV WELFARE MATTERS 16.Permanent Alimony and maintenance : (1) The Court exercising jurisdiction under this Act, may at the time of passing any decree or at any time su bsequent thereto, on a pplication made to it for the purpose by either the wife, the husband, the minor male child or the unmarried daughter unable to maintain themselves as the case may be, order that the resp ondent shall p ay to the applicant for her or his maintenance and support such gross sum or such monthly or p eriodical sum for a term not exceeding the life of the applicant a s, having regard to t he respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, as it may seem to the court to be ju st and a ny such payment may be secured, if necessary, by a cha rge on the immovable property of the respondent. (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made a n order under sub section (1), or the party in whose favour an order has been made has re-married, or becomes unchaste, it may, at the instance of either party, vary, modify or rescind any such order in such manner a s the court ma y deem just. 17.Duty of the cou rt to consider the welfa re of the childr en : In a ny proceeding under this Act , the court ma y, from time to time, pass s uch int erim or ders and make such provisions in the decree as it may deem fit and proper with resp ect to the custody, maintenance, educa tion and welfar e of minor children, consistent wit h their wishes wherever possible, and upon application by the petit ion may also fr om time to time revoke, suspend or va ry any such orders and provisions previously made, and may, if it thinks fit, direct proceeding to be taken for placing such children under the protection of the Court. Guar dianship of the child shall also be decided by the Court as per the existing law in force keeping in mind the best interest of the child. - 6 - Ex-570/2014 Provided that a child below the age of three years sha ll be in the cu stody of the mother unless the mother is found unfit by the Court for reasons to be recorded in writing as the custodian of the child. 18.Liberty of parties to marry aga in : Wher e a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court or, an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again, or when a person become single after the deat h of his /her spouse. CHAPTER - V JURISDICTION 19.Court to which petition should be made : Every petition under this Act sha ll be presented to the court within the local limits of whose original jurisdiction - (i) the marriage was solemnized; or (ii) the respondent, at the time of the presentation of the petition resides; or (iii) the parties to the marria ge last resided together; 20.Reconciliatory matters : Before proceeding to grant any r elief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature a nd circu mstances of the case, to make every endeavour to bring about r econciliation between the parties. 21.Adjournment of proceedings : For the pur pose of aiding the cou rt in br inging about such reconciliation, the court may, if the parties so desire or the court t hinks fit it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding two months and refer the matter to any person named by the par ties in this behalf or to any person nominated by the cour t if the parties fail to name any person, with directions to report to the cour t whether reconciliation can be and has been effected and the court shall in dis posing of the proceeding have due regard to this report. 22.Supply of cop y of decree : In every case where a marr iage is dissolved by a decree of divorce, the court passing the decr ees sha ll give a copy thereof free of costs to each of the parties. CHAPTER - VI DIVISION OF PROPERTY ON DIVORCE 23.Ownership r ight of head of family over pr operties: All movable and immovable properties inherited and acquired, which is not registered in the name of any member of the family living under the same roof are deemed to be the property of the head of the family. 24Right of head of family to dispose property :The head of the family may dispose any of his/ her properties except service/pensionary benefits by way of sale, ba rter, gift, cha rity or endowment. However, a woman’s personal property sha ll not be disposed without her cons ent. 25.Right of a woman leaving her husband onsumchhuah : If a woman leaves her husband on sumchhuah , she will have no right over the acquired property except her persona l property. - 7 -Ex-570/2014 Provided tha t if she was compelled to leave her husband onsumchhuah by her husba nd’s domestice violence or cruelty, or her husband is wantonly sexually unfaithful or insanity of her husband, or depriving her of conjugal right except on health ground, she can not be deprived of her right over the acquired property. Explanation : ‘sumchhuah’ means a married woman leaving her husband by returning marr ia ge pr ice. 26.Right of a woma n leaving her husband on mâk : (1) If the husband divorces his wife on mak except on ground of adult ery or depriva tion of her husband of his conjugal right, she will have share over the acquired property of any kind. The personal property of the woman shall not be distur bed. (2) If a man divorces his wife on ground of a dultery or deprivation of his conjugal right except on health ground, she will have a share over the acquired property not exceeding 25 % alongwith her personal property. Explanation : ‘ma’/‘mâk’ means a wife divorced by her husba nd. 27.Share of acquired property : (1) A woman leaving her husband on mâ k’ or kawngka sula mâk sha ll ha ve a sha re of the acquired property and shall be given a share not exceeding fifty percent of the acquired property. (2) Married couple who have separ ated on mutual consent will share acquired pr operty as mutually agreed or deemed just and proper. (3) A couple who have separated under clause (iv) or (v) of sub-section (1) of section 13 of the Act shall share the acquired property equa lly. (4) A person who has deserted the family under clause (ix) of sub-section (1) of section 13 of the Act sha ll have no sha re over the acquired property. Explanation : Kawngka sula mak means when a man find a girl, he prefers to his wife and divorces his wife on the same day or aft er some period of time marria ge the girl, the divor ce is known as kawngka sula mak . The literal meaning of Kawngka sula mak is to mar ry another wife in which the old wife goes out of t he door and the new wife comes in. 28.Gift of property to a son/daughter leaving family on inda ng. If a son or daughter leaves his/ her family on inda ng as p er the desire of the head of the family, the head of the family may give any of his/her property other than such son’s or daughter ’s persona l property. Explanation : ‘inda ng’ means a son or daughter leaving his/her father ’s house for independent and separate etablishment or family which is accepted by the hea d of family. CHAPTER - VII WILL 29. (1) A person of sound mind who has attained majorit y under the law in force, while he/she is fully possessed of his/her clear conscience capa ble of exercising his/her free will may execu te a will in writing in the pr esence of at least two witnesses as to how all or some or part of his /her property which he/she can aliena te during his/her life time be disposed after his/her death. (2) If the testator executes more than one will for the same property, the latter or last one will prevail over the other or others. (3) The making of a will caused by coercion, threat, intimidation or undue influence or fraud is void. (4) The witness es to the will must have attained ma jority under the law in force and they must be of s ound mind. (5) The testator and the witnesses must put their signatur es to the will in the presence of all of them. If the testator cannot write, then the testator must put his thumb impression. - 8 - Ex-570/2014 (6) If in case the testator or any witness cannot write, he/she must put his/her thumb impress ion. (7) The legatee will b e the executor of the will. If the lega tee is a minor, his /her fa ther /mother whoever is alive will be the executor. If his/her parents had both died, his/her legal guar dian will be the executor. (8) The Probate of a Will must be made within 5 years from dea th of t he Testa tor. 30.Jurisdiction of the court : (1) The civil court ha ving original jurisdiction over the area where the legatee resides shall have the p ower. (2) to grant probate of the original will produced before him by the executor regardless of the pla ce wher e the p roperty situa tes. (3) to grant heirship certificate in respect of any p roperty as per Schedule IV (4) to adjudica te upon any dispute arising out of a nd within the scope of this Act. CHAPTER - VIII INHERITANCE OF FATHER’S (HEAD OF THE FAMILY) PROPERTY In t he absence of a ‘Will’, the following provision shall apply : 31. (1) On the death of the head of the family, the wife will automatically become the head of the family if s he rema ins a chaste widow and looks after the welfare of her minor children. If the children have become majors, she needs to obta in no objection from the children to recognize her as the head of the family. (2) The property left by the deceased father will be inherited by the sons who are not‘Inda ng’ and the surviving wife of the Head of the F amily equally. However, the youngest son will get one extr a share provided he looks after members of the fa mily who are not ‘Inda ng’. Provided fur ther that unmar ried daughter who has been looking after her parents and siblings being the main bread earner will also get a sha re of the property equivalent to the r ight of the mother/sons. (3) If a ny of the son ‘A’ of the Head of the Family dies before the Head of the Family, then on the death of the Head of the Family, the Head of t he Family's pr operties will be divided between the surviving sons of the Head of the Fa mily who are not Inda ng’ and the s urviving wife and the share that would have gone to A would go t o A's sons. Provided that the youngest son will get one ext ra shar e. Provided further that ‘A’ was not Inda ng’ or that the childr en of ‘A’were not Inda ng’ at the time of the death of the Head of the Family. (4) If the Head of the Family has no son, then the pr operty will be divided equally between the surviving wife of the Head of the Family and the unma rried daughters who a re living with the surviving wife. (5) In t he event of all the sons being ‘Inda ng’ at the time of the death of the Head of the Family, and there being unmarried daughters, then the property will be shared between the wife, unma rried daughters and the surviving sons. Provided that the youngest son shall get one extra sha re. The sons and daughters of the Head of the Family from a previous marriage who are living with the Head of the Family shall have the sa me right and interest as the sons and daughters of the later marriage. (6) In the event of there being no sons or unmarried daughters then the pr operty will go to the wife of the Head of the Family. (7) In t he event of there being no sons, unmarried daughters or wife, then the property will go to the married daughters in equal share. (8) In t he event of there being no sons or da ughters and the wife from the surviving marr iage having expired pr ior to the death of the Head of the Fa mily, then the share of the pr operties to - 9 -Ex-570/2014 be inherited by the childr en from his pr evious marriage will be gover ned as per sub-section (1) to (6). However his wife from his previous marr iages will not be entitled to any sha res of the property and her alleged share will go to the youngest son to the previous marriage. (9) In t he event of there being no sons, unmar ried daughters, wife, married daughters, then the youngest illegitimate son will inherit the property. In the event of there being no illegitimate son, then the youngest illegitimate daughter will inherit. In the event of t here being no illegitimate daughters, the brothers and sisters of the Head of the Family will inherit the property and the youngest br other will get one extra share. (10) The personal property left by unma rried son who died while he was in his father's house and having no issue will be inherited by his surviving father. If the father had died, his surviving mother will inherit . If both the father and the mother had died, the surviving youngest brother will inherit. If there is no surviving brother, the youngest surviving sister will inherit . If he had a survivingsawn son or daughter, the son will inherit. If he ha d a surviving daughter but no son, the surviving daughter will inherit, provided that sawn man was paid. (11) The personal property left by unmarried da ughter who died while she was in her fa ther 's house a nd ha ving no iss ue will be inherit ed by her surviving fa ther. If the father ha d died, her surviving mother will inherit. If both the father and the mother had died, the surviving youngest brother will inherit. If there is no sur viving brother, the youngest surviving sister will inherit. If she had left surviving sawn son or daughter, the son will inherit. If she had a surviving daughter but no son, the surviving daughter will inherit. Provided that sawn man is not pa id. (12) If there is ‘Falak’ in the family, he/she will have a right to have a sha re of the mother ’s property. 32.Inheritance of a woman’s personal property : (1) If a woman predeceased her husband, her personal property will devolve to her surviving husband. (2) If she has no surviving husband, then her property will be divided as if the property of the Head of the Family is divided a s in Section 31. However, the youngest son will ha ve one extra share. 33.Inheritance for support till death : The one who supports the owner of specified property till his/ her death as desired by the owner of that property is entitled to first preference to inherit ance of that property irr espective of the order of preference given in Section 31 and 32. 34.Right of son on inda ng and of married daughter : The son who has left his father ’s house on indang and the marr ied daughter will have no sha re of the property left by their father or mother except as provided in sections 31 and 32. Explanation : For the purpose of inher itance, the son even if marr ied or unmarried daughter living in another village, town or city or in a foreign country for employment, service or profession is not indang. 35.Right of a divorced daughter : A divorced daughter who has returned to her father ’s or mother ’s house will be treated as u nmarried daughter for the purpose of inherita nce. 36.Obligation of legal heir :A person who inher its property cannot disown himself or herself of the liabilities left by the per son whose property he/s he inher its. 37.Date of operation of inheritance : The right to inherit will operate only after the death of the person who owns property. 38.Right of a predeceased wife to possess house pr operty :Even though t he lega l heir s might have taken their shares of the property left by the deceased fa ther, t he surviving wife cannot be depr ived of her right to live in and to enjoy the house property of her deceased husband and its appurtenant including the benefits thereof provided however that she remains a chaste widow. - 10 - Ex-570/2014 39.Application of other Laws not barred : Save as otherwise provided, the pr ovisions of this Act shall be in addition to and not in derogation of any other law for the time being in force. 40.Repeal and Sa vings : (i) The Mizo District (Inherit ance of Property) Act, 1956 is hereby repea led provided that all acts done thereunder shall be deemed to have been done under this Act. (ii) Nothing contained in this Act sha ll affect the validity of any marria ge between the Mizo, which is otherwise valid, befor e the commencement of this Act. (iii) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any ma rriage to be null and void or for annulling or dissolving a ny marr iage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed. 41.Power to remove difficulties : The State Government may by notification publish in the Official Gazette remove difficulties in implementation of the provisions of this Act. Pr ovided tha t no such notification shall be issued a fter the expiry of two years from the commencement of this Act. Schedule I (Sec. 5 of the Act) SETTLEMENT OF MARRIAGE PRICE Na me of br idegr oom : Mr _______________________________s/o______________________ Age _____ Religion____________________ Tribe/Community _____________________________ Village _____________________________PO & PS___________________________ District ___________________________ State ______________________________ Name of bride : Miss _____________________________d/o________________________ Age ____ Religion____________________ Tribe/Community_____________________________ Village _____________________________PO & PS___________________________ District ___________________________ State _______________________________ Main ma rriage price given : ^ ____________ (Rupees ______________________________________________________________) ~hutphah ^ 20/- (Rupees twenty).~hutphah is returned through palai. Date & Time of settlement : ________________________ Place: ________________________ City/Town/Street: ________________________ This document is duly executed on this _____th day of __________ 20___ at _________am/ pm in the house of ____________, and in witness whereof we put our signatures below : (Mr/Mrs _________________) Marria ge price r eceiver Names of Palai / Witness : 1.(Mr/Mrs __________________ )2.(Mr/Mrs ____________________) - 11 -Ex-570/2014 Schedu le II (Sec. 5 of the Act) MAN ~ANG (SUBSIDIARY MARRIAGE PRICE) 1.Sum hmahruai: normally^ 60/- 2.Sumfang: normally^ 50/- 3.Pusum: normally^ 40/- 4.Palal: normally^ 30/- 5.Niar: normally^ 20- 6.Naupuakpuan: normally^ 20/- 7.Nu man: normally^ 20/- Explana tions : 1.Sum hmahruai : A share taken by the father/receiver of marriage price or given to his/her brother or son who has sepa rate establishment. 2. Sumfa ng : A share given by the father/receiver of marriage price to his/her brother or to his/ her son who has sepa rate establishment. 3. Pusum : A share given to the maternal grandfather of the bride i.e. mother ’s father. If he is not alive, b ride’s mother ’s brother will get. 4. Palal :A share given to a person the bride has chosen to be her new found father of the loca lity where she get ma rried a nd who in turn looks a fter her as his daughter. 5 . Niar : A share given to t he sister of the bride’s father. In the absence of such aunt, a relative woma n who can take such a place or relationship may get the share. 6. Naupuakpuan : A share given to the elder sister of the bride as a r eward for her taking care of and for being a sister of the bride when she was a baby. In the absence of such a sister, another woman who can take such a place or relationship may get the share. 7.T he father of the bride or r eceiver of the ma rr ia ge price may not necessar ily shar e sum hmahruai and sumfa ng to any body. 8. Nu man is paid to the mother, who gave birth to the bride. It arises only when the father and mother of the bride are not married or divor ced. Secretary, Law & Judicial Deptt., Govt. of Mizoram. SCHEDULE III (Sec. 14 of the Act) NAME OF COURTDIVORCE CERTIFICATE NO. ____ OF _______ This is to certify that Smt. ___________________ d/o __________________________ (Name of father) or (name of mother) of _______________________________ (Name of village) and Shri ___________________________ (Name of ex-husband) s/o___________________________ of ______________________ who were married on _________________________ were divorce from each other by way of ___________________ under ______________________________________ with effect from ____________________________ due to _____________________. Hence their marriage stands dissolved. Name and Signature of Issuing Authority with Seal - 12 - Ex-570/2014 SCHEDULE IV (Sec. 30 of the Act) HEIRS HIP CERTIFICATE IN THE COURT OF ______________________ ____________________________________ ______________ DISTRICT HEIRSHIP CERTIFICATE APPLN. NO. ___________ OF _______ U N D E R S E C T I O N __ _ ______ _ O F THE MIZO MARRIAGE, DIVORCE AND INHERITANCE OF PROPERTY ACT, 2014 To, _________________________________ R/0 ______________________________ Whereas on the death of your _____________ on ________ you applied for a Heirship Certificate under the Mizo Marriage, Divorce and Inheritance of Property Act, 2014 in respect of the following properties namely :- This certificate is accordingly granted to you __________s/o,d/o, w/o ______________________ r/o ________________ and declare you as the legal heir of the deceased ____________ in respect of the above mentioned properties. Memo No. ______________________________: Dated ________________ the, _____________ JUDGE _____________________________________________________________________Sl. No. 1. 2. 3.Description of the PropertyPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Thursday 27.11.2014 Agrahayana 6, S.E. 1936, Issue No. 546 NOTIFICATIONNo. H. 12017/55/2014-LJD, the 18th November, 2014.The following Centra l Ordinance is hereby re-published for general information. The Coal Mines (Special Pr ovisions) Ordinance, 2014 (Ordinance No. 5 of 2014) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 21st October, 2014/Asvina 29, 1936 (Saka) THE COAL MINES (SPECIAL PROVISIONS) ORDINANCE, 2014 No. 5OF 2014 Promulgated by the President in the Sixty-fifth Year of the Republic of India. An Ordinance to pr ovide for allocation of coal mines and vesting of the right, title and interest in and over the land and mine infrastr ucture together with mining leases to successfu l bidders and allottees with a view to ensure continuity in coal mining opera tions a nd production of coal, and for promoting optimum utilisation of coal resour ces consistent with the requirement of the country in national interest and for matters connected therewith or incidental thereto; WHERE AS the Supreme Court of India vide judgment dated 25th August, 2014 read with it s order dated 24th September, 2014 ha s cancelled the alloca tion of coal blocks and issued directions with regard to such coal blocks and the Central Government in pursuance of the said directions has to take immediate action to implement the said order ; AND WHEREAS it is expedient in public interest for the Central Government to take immediate action to allocate coal mines to successful bidders and allottees keeping in view the energy security of t he country and to minimise a ny impa ct on core sectors such as steel, cement and power utilities, which are vital for the development of the nation; - 2 - Ex-546/2014 AND WHEREAS the Central Government cons iders it necessary to prescribe the conditions to rationalise the coal sector for mining operations, consumption and sale having regar d to the coordinated and scientific development and utilisa tion of coal resources consistent with the growing requirement of t he country; AND WHEREAS Parliament is competent to legislate under entry 54 of List I of the Seventh Schedule to the Constit ution for regulation of mines a nd mineral development to the extent to which such regulation and development under the control of Union is declared by Pa rliament by law to be expedient in t he public interest; AND WHEREAS a Bill further to a mend the Coal Mines (Na tionalisation) Act, 1973 has been introduced and pending in the Council of Sta tes; AND WHEREAS Parliament is not in sess ion and the Pr esident is satisfied that circumstances exis t which render it necessary for him to take immediate act ion; Now, THE REFORE, in exercise of the powers conferred by clause (1) of article 12 3 of the Constitution, the President is pleased to pr omulgate the following Ordinance:— CHAPTER I PRE LI M I N ARY 1. (1) This Ordinance may be called the Coal Mines (Special Provisions) Ordinance, 2014. (2) It extends to the whole of India. (3) It shall come into for ce at once. 2. It is hereby declared that it is expedient in the public interest that Union should take action for the development of Schedule I coal mines and extraction of coal on continuous basis for optimum utilisation. 3. (1) In t his Ordinance, unless the context otherwise requir es,— (a) “additional levy” shall mean, the additional levy a s determined by the Supreme Court in Writ Petition (Criminal) No. 120 of 2012 as two hundred and ninety-five rupees per metr ic tonne of coa l extracted; (b) “allotment order” means the allotment order issued under section 5; (c) “appointed date” in r elation to— (i) Schedule I coa l mines excluding Schedule II coal mines, shall be the 24th day of September, 2014 being the date on which the allocation of coal blocks to prior allottees s tood ca ncelled; and (ii)Schedule II coa l mines shall be the 1st day of April, 2015 being the date on which the allocation of coal blocks to prior allottees shall stand cancelled, in pursuance of the order of the Supreme Court dated the 24th September, 2014 passed in Writ Petition (Criminal) No. 120 of 2012; (d) “bank” shall ha ve the same meaning a s assigned to it in clause (c) of the Securitisation and Reconstruct ion of F inancia l Assets and Enforcement of Security Interest Act, 2002; (e) “coal mining op erations” means any operation underta ken for the purpose of winning coal; (f) “company” shall have the same meaning as assigned to it in clause (20) of section 2 of the Companies Act, 2013; (g) “corpor ation” s hall ha ve the same meaning a s assigned to it in clause (11) of section 2 of the Companies Act, 2013;26 of 1973. 54 of 2002. Short title and com- mencement. Declaration as to e xpe diency of Union action. Definitions. 18 of 2013. (h) “financial institution” shall have the same meaning as assigned to it in clause (m) of section 2 of the Securitisation and R econstruction of Financial Assets and Enforcement of S ecurity Interest Act, 2002; (i) “government company” shalf have the same meaning as assigned to it in clause (45) of section 2 of the Companies Act, 2013; (j) “mine infrastructure” includes mining infra structur e such as tangible assets used for coal mining operations, being civil works, workshops, immovable coal winning equipment, foundations, embankments, pavements, electrical systems, communication systems, relief centres, site administrative offices, fixed installations, coa l handling arra ngements , cr ushing and conveying systems, railway sidings, pits, shafts, inclines, underground transpor t systems, hauling systems, (except movable equipment unless the sa me is embedded in land for perma nent beneficial enjoyment thereof), la nd dema rca ted for a ffor est ation and land for rehabilitation and r e-settlement of persons affected by coal mining operations under the relevant law; (k) “nomina ted authority” means the authority nominated by the Central Government under section 6; (l) “notification” means a notification published in the Official Gazette and the exp ression “notify” shall be construed accordingly; (m) “prescribed” means prescribed by rules made under this Ordina nce; (n) “prior allottee” means prior allottee of Schedule I coal mines as listed therein who had been allotted coal mines between 1993 and 31st da y of March, 2011, whose allotments have been cancelled pursuant to the judgment of the Supr eme Cour t dated the 25th August, 2014 and it s order dated 24th Sept ember, 2014 including those allotments which may have been de-allocated prior to and during the pendency of the Writ Petition (Criminal) No. 120 of 2012; (o) “Schedule” means a Schedule a ppended to this Ordina nce; (p) “Schedu le I coal mines” mea ns,— (i) all the coal mines and coal blocks the allocation of which was cancelled by the judgment dated 25th August, 2014 and its order dated 24th September, 2014 passed in Writ Petition (Criminal) No. 120 of 2012, including those allotments which may have been de-alloca ted prior to and during the pendency of the said Writ Petit ion; (ii) all the coal bearing land acquired by the prior a llottee and lands, in or adjacent to the coa l mines used for coal mining operations acqu ired by the prior allot tee; (iii) any existing mine infrastr ucture as defined in clause (j). (q) “Schedule II coal mines” means the forty-two Schedule I coal mines listed in S chedule II which are the coal mines in relation to which the order of the Supreme Court dated 24th day of September, 2014 was made; (r) “Schedule III coal mines” means the thirty-two Schedule I coal mines listed in Schedule III or a ny other Schedule I coal mine notified under sub- section (2) of section 7; (s) “secured creditor” shall have the same mea ning as assigned to it in clause (zd) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of S ecurity Interest Act, 2002; (t) “secured debt” shall have the same meaning as assigned to it in clause (ze) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of S ecurity Interest Act, 2002;- 3 -Ex-546/2014 54 of 2002. (u) “security interest” shall ha ve the same meaning as assigned to it in clause (zf) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of S ecurity Interest Act, 2002; (v) “specified end-use” means a ny of the following end-uses and the expression “specified end user” shall with its grammatical variations be cons trued accordingly: (i) production of iron and st eel; (ii) generation of p ower including the genera tion of power for cap tive u se; (iii) washing of coal obtained from a mine; (iv) cement; (v) such other end use as the Centra l Government, may by notification, specify. (w) “vesting order” means the vest ing order issued under section 8. (2) Words a nd expr essions used herein and not defined, but defined in the Coal Bear ing Areas (Acquisition and Development) Act, 1957, the Mines and Minerals (Development and R egulation) Act, 1957 a nd the Coal Mines (Nationalization) Act, 1973 including any rules or regulations made thereunder, shall have the meanings, resp ectively assigned to t hem in those Acts. CHAPTER II AUCTIONAND ALLOTMENT 4. (1) Subject to the provisions of section 5, Schedule I coal mines shall be allocated by way of public auction in accordance with such rules, and on the payment of such fees which shall not exceed five crore rupees, as may be prescribed. (2) Subject to the provisions in sub-section (3) of this section and section 5, the Centra l Government may, for the purpose of gr anting reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal, select any of the following companies through auction by competitive bidding, on such terms and conditions a s may be prescribed— (a) a Government company or corporation or a joint venture company formed by s uch company or corpora tion or between the Central Government or the State Government, a s the ca se may, or any other company incorpor ated in India; or (b) a company or a joint ventur e company formed by two or more companies, may carry on coal mining operations in India, in any form either for own consumption, sale or for any other purpose in a ccordance with the permit, prospecting licence or mining lease, as the ca se may be, and the State Government shall gr ant such reconnaissa nce permit, prospecting licence or mining lease in respect of any area cont aining coal to such company as selected through auct ion by competitive bidding under this section. (3) Subject to the provisions of section 5, the following persons who fulfil such norms as may be pr escribed, shall be eligible to bid in an auction of Schedule II coal mines and Schedule III coa l mines and to engage in coa l mining operations in the event they are successful bidder s, namely:— (a) a company engaged in specified end use including a company ha ving a coal linka ge which has made such investment as may be prescribed;Explanation.— A “company with a coal linkage” includes any such company whose application is pending with the Central Government on the date of commencement of this Ordina nce.54 of 2002. Eligibility to participate in auction and payment of fees.- 4 - Ex-546/2014 20 of 1957. 67 of 1957. 26 of 1973. (b) a joint venture company formed by two or more companies having a common specified end use and are independently eligible to bid in accordance with this Ordina nce; (c) a Government company or corporation or a joint venture company formed by such company or corpor ation or with any other company ha ving common specified end use: Provided that nothing contained in sub-section (2) shall apply to this sub-section. (4) A prior allottee shall be eligible to participate in the auction process subject to p ayment of the a dditiona l levy within s uch period as may be pr escribed and if the prior allottee has not paid such levy, then, the prior allottee, its promoter or any of its company of such prior allottee sha ll not be eligible to bid either by itself or by way of a joint venture. (5) Any prior allottee who is convicted for an offence relating to coal block allocation a nd sentenced with impr isonment for more than three years, shall not be eligible to particip ate in the auct ion. 5. (1) Notwithstanding the provisions contained in sub-sections (1) and (3 ) of section 4, the Central Government may allot a Schedule 1 coal mine to a Government company or corpora tion which is not a joint venture with priva te company or to a company which has been awarded a power p roject on the basis of competitive bids for tariff (including Ultra Mega Power Projects) from specified Schedule 1 coal mines by making an allotment order in accordance with such rules as may be prescribed and the State Gover nment shall gra nt a reconnaissa nce permit, prospecting licence or mining lease in respect of any area containing coal to such company or corporation: Provided that the Government company or corporation may carry on coal mining in any form either for its own consumption, sale or for any other purpose in accordance with the permit, pr ospecting licence or mining lease, a s the case may be. (2) An allotment may be made jointly to a joint venture of two or more Government companies or corporations: Provided that a joint venture of any two or mor e Gover nment companies or corporations shall be prohibited from alienating or transferring any interest in the joint venture of whatsoever natur e including ownership in favour of a third pa rty. (3) No allotment under sub-section (1) shall be made to a prior allottee, if that allottee ha s not made the payment of the addit ional levy within the specified period. 6. (1) The Central Government shall appoint an officer not below the rank of Joint Secretary to the Government of India as the nomina ted authority who shall act for and on behalf of the Central Government for the purposes of this Ordinance and sha ll exercise such power s a s may be prescribed. (2) The nominated a uthority may engage any expert having such qualifications and experience and on such terms and conditions as may be prescribed to make recommendations to the authority for the conduct of auction and in drawing up of the vest ing order or a llotment order in relation to Schedule I coal mines. (3) The Central Government shall act through the nominated authority for the following purposes, namely:— (a ) conduct the auction pr ocess and allotment with the a ssistance of experts; (b) execution of the vesting order for transfer and vesting of Schedule I coal mines pursuant to t he auct ion; (c) executing the allotment order for any Government company or corporation in pursuance of section 5;- 5 -Ex-546/2014 Allotment of mines to Government companies or corporations. Cental Government to act through nominated authority. (d) recording and mutating incorporeal rights of whatsoever nature including, consents, permissions, permits, approvals, grants, registrations; (e) collect ion of auction proceeds, adjustment of preferential payments and transfer of amount to the resp ective State Governments where Schedule I coal mine is located in accordance with the provisions of this Ordina nce. (4) The nominated authority shall complete the auction or execute the allot ment orders of Schedule I coal mines within such time and in accorda nce with such r ules as ma y be p rescribed. (5) The Central Government may appoint such other officers and staff a s it may think fit to assist the nominated author ity. (6) The sala ries and allowa nces and other terms a nd conditions of service of the nominated authority and such other officers and staff appointed under this section shall be su ch as may be prescribed. 7. (1) The Central Government ma y, befor e notifying the particulars of auct ion, classify mines identified from Schedule I coal mines as earmarked for the same class of specified end uses. (2) The Central Government may in public interest, by notification, modify Schedule III coal mines by adding any other Schedule 1 coal mine for the purposes of specified end use. 8. (1) The nominated authority sha ll notify the prior allottees of Schedule I coal mines to enable them to furnish informa tion required for notifying the par ticular s of Schedule I coal mines to be auctioned in accor dance with such rules as ma y be pr escr ibed. (2) The information requir ed to be furnished under sub-s ection (1) shall be furnished within a period of fifteen days from the date of the notification. (3 ) A successful bidder in an auct ion conducted on a competit ive b asis in accordance with such rules as may be prescribed, s hall be entitled to the vesting of Schedule I coal mine for which it bid, pursuant to a vesting order drawn up in accordance with such rules. (4) T he vesting order shall transfer and vest upon the successful bidder, the following, namely:— (a) all the rights, title and interest of the prior allottee, in Schedule I coal mine concerned with the relevant auct ion; (b) entitlement to a mining lease to be granted by the State Government; (c) any statutory licence, permit, permission, approval or consent required to undertake coal mining operations in Schedule I coa l mines if alr eady issued to t he prior allot tee; (d) rights appurtenant to the approved mining plan of the prior allottee; (e) any right, entitlement or interest not specifically covered under clauses (a) to(e). (5) T he nominated authority shall, in consultation with the Central Government, determine the floor price or reser ve price in accordance with such rules as ma y be pr escr ibed. (6) The successful bidder shall, prior to the issuance and execution of a vesting order, furnish a performance bank guarantee for an amount as notified in relation to Schedule I coal mine auctioned to such bidder within such time, form a nd manner as may b e prescr ibed. Power to classify certain Schedule I coal mines by Central Gove rnme nt. Nominated authority to issue vesting orde r or allotment order.- 6 - Ex-546/2014 (7) After the issuance of a vesting order under this section a nd its filing with the Central Government and with the appropriate authority designated by the respective State Governments, the successful bidder shall be entitled to take possession of the Schedule I coal mine without let or hindra nce. (8) Upon the execution of the vesting order, the successful bidder of the Schedule I coal mine shall be granted a prospecting licence or a mining lease, as applicable, by the concer ned State Government in a ccordance wit h the Mines and Minera ls (Development and Regulation) Act, 1957. (9) A Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the S tate Government, as the case ma y, or any other company incorporated in India, allot ed a Schedule I coal mine shall be gra nted a prospecting licence or a mining lease, as applicable, by the concer ned Sta te Government in accordance with the Mines and Minerals (Development and Regulation) Act, 1957. (10) In relation to Schedule II coa l mines, the su ccessful bidder which was a prior allot tee, shall continue coal mining operations after the appointed date in terms of the approved mining plan, till the mining lease in terms of sub-section (8) is granted, upon the gra nt of a vesting order and to that extent, the success ful bidder shall be deemed to have been granted a mining lease till the execu tion of the mining lease in terms of the said S ub-section. (11) In relation to Schedule II coa l mines, the Government company or corporation which was a prior allottee can continue coal mining operations after the appointed date in terms of the approved mining plan, till the mining lease in terms of sub-section (9) is granted, upon execution of the allotment order a nd to that ext ent, the allottee shall be deemed to have been granted a mining lease till the execution of the mining lease in terms of the said Sub-section. (12) The provisions of sub-sections (1) and (2) and sub-sections (4) to (7) (both inclusive) of this section a s applicable to a vest ing order, sha ll mutatis muta ndis be also applicable to an allotment or der. 9. T he proceeds arising out of land and mine infr astructure in relation to a Schedule I coal mine shall be disbursed maintaining, inter alia, the priority of payments in accordance with such rules as may be prescribed— (a) payment to secured cr editors for any portion of t he secured debt in relation to a Schedule I coal mine which is unpaid as on the date of the vesting order; (b) compensation pa yable to the prior allottee in respect of t he Schedule I coal mine. CHAPTER III TREATMENTOF RIGHTSAND OBLIGATIONSOF PRIOR ALLOTTEES 10. (1) A successful bidder or allottee in respect of Schedule II coal mines, may negotia te with prior allottee to own or utilise such movable property used in coal mining operations on such terms and conditions as may be mutually agreed to by them. (2) Where a successful bidder or allottee is not vested with any movable property of a Schedule I coa l mine, then, he is not bound by any liabilit ies or obligations arising out of such ownership or contractual rights, obligations or liabilities which shall continue to r emain with the prior allottee. 67 of 1957. Priority of disbursal of proceeds. Utilisation of movable property used in coal mining operations. - 7 -Ex-546/2014 (3) In the event that the successful bidder or allottee is unable to satisfactorily negotiate with the prior allottee or any third party who has a contr act with the prior allottee for the movable property, it sha ll be the obligation of the pr ior allottee or the thir d party to remove such movable property within a period not exceeding thirty days from the da te of the vesting order, or the allotment order, a s the ca se may be, and the successful b idder or allot tee shall not be liable for any damage to such property. (4) A successful bidder or allottee which has elected not to purchase or transfer or continue to use the movable p roperty referred to in sub-section (1), sha ll prior to the execution of t he vesting order or the allot ment or der, as the ca se may be, declare to the nominated authority that he intends to move and store su ch movable property of t he prior allottee or such third party and after the date of the vesting order or the allotment order, as the case may be, the successful bidder or allottee shall be entitled to move and store such movable property, so as not to ca use any impediment for coal mining operations. (5) If a pr ior allottee or such third pa rty which has contracted with the prior allottee for its movable property, fails to remove the movable property which the successful bidder or allottee has elected not to purchase or use in accordance with sub-section (4), then, after the period of seventy-five days from the vesting order or the allotment or der, as the case may be, a succes sful bidder or allottee sha ll be entitled to dispose off such movable property which may be physically located within Schedule II coal mine, the successful bidder or the allottee, shall, in such event be entitled to appr opriate the sale proceeds of such movable pr operty disposed off to pay for any cost incurr ed by t he successful bidder or allot tee, for the r emoval, storage, sale and disposal of such movable pr operty, as a first cha rge over the sa le proceeds of such movable property: Provided that the remaining sale proceeds after appropriation of costs, shall be paid by the successful bidder or allottee to the Central Government towards any compensation that may be payable to the owner of such movable property sold, upon establishment of title to such movable property in accordance with such rules as may be p rescribed: Provided fu rther that if a third party contractor to the prior allottee owns such mova ble property, then, such thir d party shall be entit led to prove its right to receive compensation from the sale proceeds of the movable property sold as per this sub- section, in accorda nce with such r ules as may be prescribed. 11. (1) Notwithsta nding a nything contained in any other law for the time being in force, a successful bidder or allottee, as the case may be, in respect of Schedule I coal mines, may elect, to adopt a nd continue such contr acts which may be exis ting with any of the prior allottees in relation to coal mining operations and the same shall cons titute a novation for the residual term or residual performance of such contr act: Provided that in such an event, the successful bidder or allottee or the prior allottee shall not ify the nomina ted authority to include the vesting of any contr acts adopted by the successful bidder. (2) In the event that a successful bidder or allottee elects not to adopt or continue with existing cont racts which ha d been entered into by the prior allottees with third parties, in that case all such contracts which have not been adopted or cont inued shall cease to be enforceable aga inst the successful bidder or allottee in relation to the Schedule I coal mine and the remedy of such contra cting p arties shall be against the prior allottees. Discharge or adoption of third party contracts with prior allottees.- 8 - Ex-546/2014 12. (1) The secured creditor s of the prior allottees which had any secur ity interest in any pa rt of the land or mine infrastructur e of a Schedule I coal mine shall be entitled to— (a) continue with such facility a greements and security interest with the prior allottee if such prior allottee is a successful bidder or allottee; and (b ) in t he event t ha t t h e p r ior a llot t ee is not a s u cces s fu l b idder or a llot t ee, then the security interest of such secured creditor shall only be satisfied out of the compensa tion pa yable to such p rior allottee, to the extent determined in accorda nce with such rules as may be prescr ibed and the outstanding debt sha ll be recoverable from the prior allot tee. (2) The Central Government sha ll, taking into consideration the provisions cont ained in section 9, prescribe the manner in which the secured creditor shall be paid out of the compensation in respect of any prior allot tee. 13. Any and all alienations of land and mine infrastructure and creation of any encumbrances of whatsoever nature thereon which relate to Schedule I coal mines, made by any prior allottee after the 25th day of August, 2014 shall be void, save and except any registered security interest and charge over the land and mine infrastructure as r egistered by a bank or a financial institution or any other secured lender. 14. (1) Not withsta nding a nything contained in any other law for the time being in force, no proceedings, orders of attachment, distress, receivership, execution or the like, suits for the recovery of money, enfor cement of an security or guara ntee (except as otherwise provided for under this Or dinance), prior to the date of commencement of this Ordinance shall lie, or be proceeded further with and no remedies shall be available against the successful bidder, or allottee, as the case may be or against the land and mine infrastructure in respect of Schedule I coal mines. (2) The proceedings as referred to in sub-section (1), shall continue as a personal remedy against the prior a llottee but shall not be maintainable or continued against the land or mine infrastructure of Schedule I coal mine or the successful bidder or allottee, pursuant to this Ordina nce. (3) Every liability of any prior a llottee in relation to a Schedule 1 coal mine in resp ect of a ny period prior to the vesting order or allot ment or der, sha ll be t he liability of s uch prior allot tee and shall be enfor ceable against it and not aga inst the successful bidder or allottee or the Central Government. (4) All unsecured loans shall continue to remain the liability of the prior allottee. (5) The additional levy imposed against the prior allottees of Schedule II coal mines shall continue to remain the liability of such pr ior allottees and such additional levy shall be collected by the Central Government in such manner as may be prescribed. (6) For the remova l of doubts, it is hereby declared that— (a) no claim for wages, bonus, royalty, r ate, rent, taxes, provident fund, pension, gra tuity or any other dues in relation to a Schedule I coal mine in resp ect of any per iod prior to the date of vesting order or a llotment order, as the case may be, shall be enforcea ble aga inst the Centra l Government or the successful b idder or the allottee, as the case may be; (b) no awar d, decree, atta chment or order of any court, tribunal or other authority in relation to any Schedule I coal mine passed prior to the date of commencement of this Ordinance, in relation to the land and mine infrastructure of S chedule I coal mines, shall be enforceable aga inst the Centra l Government or t he successful b idder or the allottee, as the case may be;Provisions in relation to secured creditors. Void ali enati ons and permitted security interests. Liabilities of prior allottees. - 9 -Ex-546/2014 (c) no liability for the contravention of any provision of law for the time being in for ce, relating to any act or omission prior to the da te of vesting order or allotment order, as the case may be, shall be enforceable against the successful bidder or allottee or the Central Government. 15. (1) For the purposes of disbursing the amounts payable to the prior allottees of Schedule I coal mines, the Central Government shall appoint an officer not below the rank of Joint Secretary to the Government of India, to be the Commissioner of Payments. (2) The Central Government may appoint such other officers and staff a s it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such officers to also exercise all or any of the powers exercisable by him under this Ordina nce. (3) Any officer authorised by the Commissioner to exercise any powers may exer cise those powers in the same manner and with the same effect as if they have been conferred on him directly by this Or dinance and not by wa y of authorisation. (4) The salaries and allowances and other terms and conditions of service of t he Commissioner and other officers and staff appointed under this section shall be such as may be prescr ibed. (5) The Central Government shall, within a period of thirty days from such date as may be not ified pay to the Commissioner for payment to the prior a llottee, an amount equa l to the compensation determined by the nominated author ity. (6) Separate records shall be maintained by the Commissioner in respect of each Schedule 1 coal mine in relation to which payments ha ve been made to him under this Ordina nce. 16. (1) The quantum of compensation for the land in relation to Schedule I coal mines shall be as per the registered sa le deeds lodged with the nominated a uthorit y in accor danc e with such rules as ma y be pres crib ed, together with twelve per cent. simple interest from the date of such purchase or acqu isition, till the date of the execution of the vesting order or the allotment order, as the case may be: (2) The qua ntum of compensation for the mine infrastructure in relation to Schedule I coal mines shall be determined as per the writ ten down value reflected in the statutorily audited ba lance s heet of the pr evious financial year in accordance with such rules and in such manner as may be prescribed. (3) If the successful bidder or allottee is a prior allottee of any of the Schedule I coal mines, then, the compensation paya ble to such successful bidder or allottee shall be set off or adjusted against the auction sum or the allotment sum payable by such successful bidder or allottee, as the case may be, for any of the Schedule I coal mines. (4) T he prior allottee shall not be entitled to compensation till the additional levy has been paid. CHAPTER IV POWE RSOFTHE CENTRAL GOVERNMENTAFTERTHE APPOINTED DATE 17. (1) On a nd from the appointed date, the Centr al Government or a company owned by the Centra l Government sha ll be deemed to have become the lessee or licensee of the State Government in relation to each of the Schedule II coal mines, in resp ect of which a mining lease or prospecting licence ha s been granted prior to the date of commencement of this Ordinance, as if a mining lease or prospecting licence in relation to such coal mine had been granted to the Central Government or a company Commissioner of Payments to be appointed and his powers. Valuation of compensation for payment to prior allottee. Responsibil- ity of Central Government after the appointed date.- 10 - Ex-546/2014 owned by the Centra l Government and the period of such lease or licence shall be the maximum period for which such lease or licence could have been gra nted by the State Gover nment under the Minera l Concession R ules, 1960, and thereupon all the rights under such mining lease, including surface, underground and other r ights s hall be deemed to have been tra nsferred to, and vested in, the Central Government or a company owned by the Central Government. (2) On the expiry of the term of any lease or licence, referred to in sub-section (1), such lease or licence shall be renewed, by the State Government, in consultation with the Central Government for the maximum period for which su ch lease or licence can be renewed under the Minera l Concession R ules, 1960. (3) As it is considered expedient a nd necessary in the public interest and in view of the difficult sit uation which has arisen, the powers of the State Government, under the Mines and Minerals (Development and Regulation) Act, 1957, to prematurely terminate a prospecting licence or mining lease, shall stand suspended, in relation to Schedule I coal mines, for a period of one year from the date of commencement of this Ordina nce or such other period as may be notified by the Central Government. 18. (1) On and from the a ppointed date, if the auction or allotment of Schedule I coal mines is not complete, the Central Government sha ll appoint any person as a designated custodian for such coal mines as may be notified by the Central Government to manage and operate such notified coal mines. (2) T he designated custodian shall a ct for and on behalf of the Central Government in resp ect of the notified coal mines under sub-s ection (1) to operate and manage such Schedule I coal mines in such manner as may be notified, till the completion of t he auct ion of such coal mines or allotment under section 4 and section 5 read with sect ion 8, as the case may be. 19. (1) The designa ted custodian appointed under sub-section (1) of section 18, shall be entitled to ta ke cont rol and possession of a ll lands, in or adjacent to Schedule II coal mines, and used for coal mining operations and the mine infrastructure in r elation to Schedule II coal mine, on behalf of the Central Government. (2) The designated custodian may direct the prior allottees or any other persons in-charge of the ma nagement of the Schedule II coal mine and coa l mining operations immediately before the appointed date to provide the requisite manpower, as ma y be necessary, to ensur e continuity in coal mining operations and production of coal. (3) The designated custodian shall receive, to the exclusion of all other persons, any monies due to S chedule II coal mines, notwithstanding cases where such receipt pertains to a transaction made at a ny time before the appointed date. (4) T he designated custodian may ca ll for any information, records and documents in relation to Schedule II coal mines a nd coal mining operations from any or a ll such persons who were in charge of the management and operation of such Schedule II coal mines pr ior to the appointed date, and such persons shall be bound to deliver to the designated custodia n all such docu ments in their custody relating to Schedule II coal mines. (5) The designated custodia n may appoint such consultants or exp erts, as may be necessary, in relation to the management and operation of Schedule II coal mines. (6) The designated custodian shall transfer the management and operation of any Schedule II coal mines to such person in such manner as may be prescribed. 67 of 1957. Central Government to appoint designated custodian. Powers and functi ons of the designated custodian in respect of Schedule II coal mines. - 11 -Ex-546/2014 (7) T he designated custodian shall have the power to perform such other functions which may be consequential or incidenta l to the functions specified under this section. (8) Notwithstanding anything contained in any other law for the time being in force, the designa ted custodian shall, in exercise of its or powers or the performance of its funct ions under this Ordina nce, be bound by such directions on questions of policy, as the Central Government may give in writing to it from time to time. CHAPTERV CERTAIN ARRANGEMENTS 20. (1) A successful bidder or allottee or coal linkage holder shall, with prior appr oval of the Central Government and in accordance with such rules as ma y be prescribed, be entitled to enter into certain agr eements or arra ngements with other successful bidder or allottee or coal linkage holder, as the case may be, for optimum utilisation of coal mine for the same end uses in the public interest and to achieve cost effic ienc ies . (2) A successful bidder or allottee may also use the coal mine from a particular Schedule I coal mine for any of its plants engaged in common specified end uses, in accordance with such rules as may be prescribed. CHAPT ER VI MISCELLANEOUS 21. (1)All existing land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in relation to Schedule I coa l mines, shall continue in respect of such a reas of land in accorda nce with the pr ovisions of the said Act. (2) All such areas of land which a re not subject matter of land acquisition proceedings, in relation to the coal mines, under the Right to Fa ir Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 may be proceeded with by the Central Government in terms of the Coal Bearing Areas (Acquisition and Development) Act, 1957. (3) The State Governments which ha ve initiated land acquisition proceedings under provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 a nd all such lands which are also subject matter of the said Act in r espect of Schedule I coal mines, shall— (a) not tra nsfer any land to the prior a llottees which have been acqu ired under the said Act; (b) continue the land acquisition-proceedings till the appointed date; (c) for such Schedule I coal mines which have not vested in the successful bidder or the allottee, a s the case may be, by the appointed date, continue the land acquisition pr oceedings for and on behalf of the Central Government; (d) upon the vesting or the a llotment, as the ca se may be, aft er the appointed da te, continue such land acquisition pr oceedings on behalf of the successful bidder or the allot tee. 22. If a prior allottee of Schedule II coal mine fails to deposit the additional levy with the Central Government within the specified time, then, such a dditiona l levy shall be realised as the arrears of land revenue. Power of Central Government to approve certain arrangements. Acquisition of land. 30 of 2013. 20 of 2013. 20 of 1957. 20 of 2013. Realisation of addi ti on al l e v y.- 12 - Ex-546/2014 23. If any person— (a) obstruct s or ca uses any impediment in taking possession or in the mana gement and operation of the Schedule I coal mines by the Central Government or the designated custodian; or (b) fails to deliver to the designated custodian any books of account, registers or any other document in his custody relating to Schedule I coal mines and coal mining operations in respect of the management of which the designated custodian ha s been a ppointed; or (c) destroys or misuses a ny mine infrastructure or coa l stock; or (d) retains any property of such coal mine or removes or destroys it, he and any officer-in-defa ult of t he company sha ll be punishable with imprisonment for a term which may extend to two year s, or with the minimum fine of one lakh rupees per day and in the case of continuing failure, with a maximum fine of two lakh rupees for every da y during which the failure cont inues or with both, depending upon the nature of the offence. 24. If any person fa ils to comply, without reasonable cause, with a direction given by the Centra l Government or nominated authority or the designated custodian, he shall be punisha ble with a fine of one lakh rupees and in the case of continuing failure with a maximum fine of two lakh rupees for every day during which the failure cont inues, depending upon the nature of the offence. 25. (1) Where an offence under this Act has been committed by a company, ever y person who a t the time the offence was committed was in-charge of, and was resp onsible to, the company for conduct of business of the company as well as the company shall be deemed to be guilty of the offence and sha ll be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render a ny such person liable to a ny punishment, if he proves that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything conta ined in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or conniva nce of, or is a ttributa ble to, any neglect on t he part of any director, manager, secretar y or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 26. No court shall take cognizance of any offence punishable under this Ordinance or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf b y the Central Government or nominated authorit y or the designated custodian. 27. The provisions of this Ordinance shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law. 28. On and from the date of commencement of this Ordina nce, the Coal Mines (Nationalisation) Act, 1973 and the Mines and Minerals (Development and Regulation) Act, 1957 shall sta nd amended in t he manner provided in Schedule IV.Pe nalty for failure to comply with directi ons of Central Gove rnme nt. Offences by companies. Cognizance of offences. Ordinance to have overriding effect Amendment of certain Acts contained in Schedule IV. 26 of 1973. 67 of 1957.- 13 -Ex-546/2014 Pe naltie s for certain offences. 29. (1) The Central Government may, by notification in the Official Gazette, and subject to the condit ion of previous publication, make rules for carrying out the provisions of this Ordina nce. (2) In particular, and without prejudice the generalit y of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of allocation of Schedule I coal mines by way of public auct ion and details of fees under sub-section (1) of section 4; (b) the terms and conditions for granting reconnaissance permit, prospecting licence or mining lease and the manner and conditions of competitive bidding under sub-section (2) of section 4; (c) norms to become eligible to bid in an auction and the amount of investment in resp ect of a compa ny having a coal linkage under sub-section (3) of section 4; (d) the period within which the payment of additional levy by the prior allottee under of sub-section (4) of section 4; (e) the allotment order to make alloca tions t o a Government company or corporation under sub-section (3) of section 5; (f) the powers of the nominated authority under sub-section (1) of section 6; (g) the manner of b idding for Schedule II coal mines and execution of the allocation orders under sub-section (5) of section 6; (h) the salaries and allowances a nd other terms and conditions of service of the nominated a uthority and other officers a nd staff under sub-section (6) of section 6; (i) the manner of notifying the particula rs of S chedule I coal mines to be auct ioned and furnishing of required infor mation b y the pr ior allottees under sub-section (1) of section 8; (j) the ma nner of conducting a uction and dr awing of a vesting order under sub-section (3) of section 8; (k) determination of floor price by the nominated authority under sub- section (5) of section 8; (l) the form and ma nner of furnishing of bank gua rantee and the time within which such fur nishing of ba nk guarantee under sub-section (6) of section 8; (m) the manner of disbursement of priorit y payments under section 9; (n) the manner of establishing title of movable pr operty by the prior allottee or third party who has a contract with the prior allot tee for the movable property under the first p roviso to sub-section (5) of section 10; (o) the manner of receiving compensation from the sa le proceeds of the mova ble property under the second proviso to sub-section (5) of section 10; (p) the manner in which the secured creditor paid out of the compensation in respect of any prior allottee under sub-section (2) of section 12; (q) the manner of collection of addit ional levy by the Centra l Government from the prior allottees of Schedule II coal mines under sub-section (5) of section 14; (r) the salaries and allowances a nd other terms and conditions of service of the Commissioner of Payments and other officers and staff under sub- section (4) of section 15; (s) t he manner of determination of compensation pa yable to prior allottee and the lodging of registered sale deeds with the nomina ted authority under sub-section (1) of section 16;- 14 - Ex-546/2014 Power to make rules. (t) the method of determination of compensation for mine infrastructure in r elation to Schedule I and it s reflection in the statutorily audited balance sheet under sub-section (2) of section 16; (u ) the manner of tr ansfer of the ma na gement and opera tion of a ny Schedule II coal mines by the designated custodia n under sub-section (6) of section 19; (v) the manner of providing agreements or arrangements for optimum utilisation of coal mined for specified end uses under sub-section (1) of section 20; (w) the manner of usage of coal mine by a successful bidder or allottee for any of its pla nts under sub-s ection (2) of section 20; (x) any other matter which is required to be, or may be, prescribed. (3) E very rule made under and every notification issued by the Central Government, under this Ordinance, shall be laid, a s soon as may be after it is made, before each House of Parliament, 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 expiry of the session immediately following the session or the successive sessions a for esaid, both Houses agree in making any modification in the rule or notification, or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter ha ve effect only in such modified form or be of no effect, as the case may be; so, however, that a ny such modification or annulment shall be without prejudice to the validity of anything previously done under that r ule or notification . 30. (1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficu lty: Provided tha t no such order shall be made after the expiry of a period of two year s from the date of commencement of this Ordina nce. (2) Every or der made under this section shall, as soon as may be after it is made, be laid befor e each House of Parliament.Power to remove difficulties. - 15 -Ex-546/2014 SCHEDULE-I [See section 3(1 )(p)] Sl. Name of CoalName of Prior AllotteeState where Coal Mine/ No. Mine/BlockBlock Located 1. Tadicherla-IAndhra Pradesh Power Generation Corpn. Ltd.Andhra Pradesh 2. AnesttipaliAndhra Pradesh Power Generation Corpn. Ltd.Andhra Pradesh 3. Punkula-ChilkaAndhra Pradesh Power Generation Corpn. Ltd.Andhra Pradesh 4. PenagaddppaArunachal Pradesh Power Generation Corpn. Ltd.Andhra Pradesh 5. Namchik NamphukArunachal Pradesh Mineral Dev. & Trading CorporationArunachal Pradesh 6. SayangAES Chhattisgarh Energy Pvt. Ltd.Chhattisgarh 7. Rajgamar DipsideAPI Ispat & Powertech Pvt. Ltd.,CG Sponge ManufacturersChhattisgarh (Deavnara)Consortium Coalfield Pvt. Ltd. 8. Durgapur-II/ Taraimar Bharat Alluminium Company Ltd.Chhattisgarh 9. DatimaBinani Cement Ltd.Chhattisgarh 10. TaraChhattisgarh Mineral Development Corporation LimitedChhattisgarh 11. Gare Pelma, Sector-I Chhattisgarh Mineral Development Corporation LimitedChhattisgarh 12. ShankarpurChhattisgarh Mineral Development Corporation LimitedChhattisgarh Bhatgaon II Extn. 13. SondhiaChhattisgarh Mineral Development Corporation LimitedChhattisgarh 14. ParsaChhattisgarh State Electricity BoardChhattisgarh 15. Vijay CentralCoal India Limited,SKS Ispat & Power Ltd.Chhattisgarh 16. Gi dhmuriChattishgarh State Electricity BoardChhattisgarh 17. PaturiaChattishgarh State Electricity BoardChhattisgarh 18. Durgapur-II/SaryaDB Power Ltd.Chhattisgarh 19. BhaskarparaElectrotherm (India) Ltd.,Grasim Industries Ltd.Chhattisgarh 20. West of UmariaSainik Finance and Industries Ltd. (Earlier Garuda Clays Ltd.)Chhattisgarh 21. Morga IIGujrat Mineral Development CorporationChhattisgarh 22. Gare Pelma Sector III Goa Industrial Development CorporationChhattisgarh 23. Madanpur SouthHindustan Zinc Ltd., Akshya Investment Pvt. Ltd., Chhattisgarh Chhattisgarh Steel & Power Ltd., Chhattisgarh Electricity Corporation Ltd., MSP Steel & Power Ltd., Chhattisgarh Captive Coal Mining Ltd. (Consortium of five Cos.) 24. Nakia IIspat Godavari Ltd., Ind Agro Synergy Ltd., Shri Nakoda Ispat Ltd., C hhatti sgarh Vandana Gobal Ltd., Shree Bajrang Power & Ispat Ltd. 25. Nakia llIspat Godavari,Ind Agro Synergy,Shri Nakoda Ispat,VandanaChhattisgarh Gobal Ltd., Shree Bajrang Power & Ispat Ltd. 26. Gare-Palma- IV/4Jayaswal Neco Ltd.Chhattisgarh 27. Gare Palma IV/8Jayaswal Neco Ltd.Chhattisgarh 28. Gare-Palma-IV/2Jindal Power Ltd. (Now Jindal Steel & Power Ltd.)Chhattisgarh 29. Gare-Palma-IV/3Jindal Power Ltd. (Now Jindal Steel & Power Ltd.)Chhattisgarh 30. Gare-Palma-IV/1Jindal Strips Limited (Now Jindal Steel & Power Ltd.)Chhattisgarh 31. GarePalmaIV/6Jindal Steel & Power Ltd., Nahva Sponge Iron Ltd.Chhattisgarh 32. Fatehpur EastJLD Yavatmal Energy Ltd., R.K.M . Powergen Pvt. Ltd., Visa Power Ltd.,Green Infrastructure Pvt. Ltd.,Vandana Vidyut Ltd.Chhattisgarh 33. Morga-IMadhya Pradesh State Mining Corporation LimitedChhattisgarh 34. Morga lllMadhya Pradesh State M ineral Corporation LimitedChhattisgarh 35. Morga lVMadhya Pradesh State M ineral Corporation LimitedChhattisgarh 36. Gare Pelma Sector II Maharashtra State Mining Corpn Ltd.,Tamil Nadu StateChhattisgarh Electricity Board- 16 - Ex-546/2014 37. Gare-Palma-IV/5Monet Ispat Ltd.Chhattisgarh 38. Rajgamar DipsideMonnet Ispat and Energy Ltd., Topworth Steel Pvt. Ltd.Chhattisgarh (South of Phulakdih Nala) 39. TalaipaliNational Thermal Power Ltd.Chhattisgarh 40. ChotiaPrakash Industries Ltd.Chhattisgarh 41. Gare-Palma-V/7Raipur Alloys & Steel Ltd. (Now Sarda Energy and Mineral Limited) Chhattisgarh 42. Parsa EastRajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)Chhattisgarh 43. Kesla NorthRathi Udyog Ltd.Chhattisgarh 44. Kanta BasanRajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)Chhattisgarh 45. PanchbahaniShree Radhe Industries Ltd.Chhattisgarh 46. FatehpurSKS Ispat and Power Ltd., Prakash Industries Ltd.Chhattisgarh 47. Madanpur (North)Ultratech Ltd., Singhal Enterprise Ltd., Nav Bharat Coalfield Ltd., C hhatti sgarh Vandana Energy & Steel Pvt. Ltd., Prakash Industries Ltd., Anjani Steel Pvt. Ltd., Chhattisgarh Captive Coal Mining Ltd. (Consortium of five Co.) 48. BrindaAbhijeet Infrastructure Pvt. Ltd.Jharkhand 49. SasaiAbhijeet Infrastructure Pvt. Ltd.Jharkhand 50. MeralAbhijeet Infrastructure Pvt. Ltd.Jharkhand 51. SeregarhaArcelor Mittal India Ltd., GVK Power (Govindwal Sahib) Ltd.Jharkhand 52. Patal EastBhushan Power and Steel Ltd.Jharkhand 53. Saria KoiyatandBihar Rajya Khanij Vikas Nigam (BRKVN)PatnaJharkhand 54. MacherkundaBihar Sponge Iron Ltd.Jharkhand 55. BrahmadihaCastron Technologies Ltd.Jharkhand 56. MahuagarhiCalcutta Electricity Supply Corporation Ltd. (CESC), JasJharkhand Infrastructure Capital Pvt. Ltd. 57. ChitarpurCorporate Ispat Alloys Ltd.Jharkhand 58. Saharpur Jamarpani Damodar Valley CorporationJharkhand 59. Lalgarh (North)Domco Smokeless Fuel Pvt. Ltd.Jharkhand 60. Parbatpur-CentralElectrosteel Castings Ltd.Jharkhand 61. ChaklaEssar Power Ltd.Jharkhand 62. Ashok KarkattaEssar Power Ltd.Jharkhand Central 63. JainagarGujarat Mineral Development Corporation (GM DC)Jharkhand 64. Tokisud NorthGVK Power (Govindwal Sahib) Ltd.Jharkhand 65. TubedHindalco Industries Ltd., Tata Power Company Ltd.Jharkhand 66. MoitraJayaswal Neco Ltd.Jharkhand 67. North DhaduJharkhand Ispat Pvt. Ltd, Pavanjay Steel & Power Ltd.,Jharkhand Electrosteel castings Ltd, Adhunik Alloys & Power Ltd. 68. BanhardihJharkhand State Electricity BoardJharkhand 69. Sugia Closed mineJharkhand State Mineral Development CorporationJharkhand 70. Rauta Closed mineJharkhand State Mineral Development CorporationJharkhand 71. Burakhap small patch Jharkhand State M ineral Development CorporationJharkhand 72. Pindra-DebipurJharkhand State Mineral Development Corporation Ltd.Jharkhand Khaowatand 73. LateharJharkhand State Mineral Development Corporation Ltd.Jharkhand 74. PatratuJharkhand State Mineral Development Corporation Ltd.Jharkhand 75. Rabodih OCPJharkhand State Mineral Development Corporation Ltd.Jharkhand 76. Jogeshwar &Jharkhand State Mineral Development CorporationJharkhand Khas Jogeshwar 77. JitpurJindal Steel & Power Ltd.Jharkhand - 17 -Ex-546/2014 78. Amarkonda Murgadangal Jindal Steel and Power Ltd., Gagan Sponge Iron Pvt. Ltd.Jharkhand 79. Urma PaharitolaJharkhand State Electricity Board, Bihar State MineralJharkhand Development Corporation Ltd. 80. RohneJSW Steel Ltd., Bhushan Power & Steel Ltd., Jai Balaji Industries Ltd. Jharkhand 81. GomiaMetals and M inerals Trading CorporationJharkhand 82. Rajhara NorthMukund Limited, Vini Iron & Steel Udyog LimitedJharkhand (Central & Eastern) 83. DumriNilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd.Jharkhand 84. KerandariNational Thermal Power Ltd.Jharkhand 85. Chatti BariatuNational Thermal Power Ltd.Jharkhand 86. Chhati Bariatu South National Thermal Power Ltd.Jharkhand 87. BrahminiNational Thermal Power Ltd.+ Coal India Limited JVJharkhand 88. Chichro PatsimalNational Thermal Power Ltd.+ Coal India Limited JVJharkhand 89. Pachwara CentralPunjab State Electricity BoardJharkhand 90. MahalRashtriya Ispat Nigam LimitedJharkhand 91. Tenughat-JhirkiRashtriya Ispat Nigam LimitedJharkhand 92. BunduRungta M ines LimitedJharkhand 93. MedniraiRungta M ines Limited, Kohinoor Steel (P) Ltd.Jharkhand 94. Choritand TiliayaRungta Mines Limited, Sunflag Iron & Steel Co. Ltd.Jharkhand 95. SitanalaSteel Authority of India Ltd.Jharkhand 96. GaneshpurTata Steel Ltd., Adhunik Thermal EnergyJharkhand 97. BadarhTenughat Vidyut Nigam LimitedJharkhand 98. Rajbar E&DTenughat Vidyut Nigam LimitedJharkhand 99. GondulparaTenughat Vidyut Nigam Limited, Damodar Valley CorporationJharkhand 100. Kotre -BasantpurTata Iron and Steel Co. Ltd.( Now Tata Steel Ltd.)Jharkhand 101. PachmoTata Iron and Steel Co. Ltd. ( Now Tata Steel Ltd.)Jharkhand 102. LohariUsha Martin Ltd.Jharkhand 103. KathautiaUsha Martin Ltd.Jharkhand 104. Pachwara NorthWest Bengal Power Development Corporation Limited (WBPDCL)Jharkhand 105. SuliyariAndhra Pradesh Mineral Development CorporationMadhya Pradesh 106. BikramBirla Corporation Ltd.Madhya Pradesh 107. Gotitoria (East)BLA Industries Ltd.Madhya Pradesh 108. Gotitoria (West)BLA Industries Ltd.Madhya Pradesh 109. MahanEssar Power Ltd., Hindalco Industries Ltd.Madhya Pradesh 110. Mandla NorthJaipraskash Associates Ltd.Madhya Pradesh 111. Urtan NorthJindal Steel & Power Ltd., Monet Ispat and Energy Ltd.Madhya Pradesh 112. Thesgora-B/Kamal Sponge Steel & Power Limited,Revati Cement P. Ltd.Madhya Pradesh Rudrapuri 113. AmeliaMadhya Pradesh State M ining CorporationMadhya Pradesh 114. Amelia (North)Madhya Pradesh State M ining CorporationMadhya Pradesh 115. Mandla SouthMadhya Pradesh State M ining Corporation Ltd.Madhya Pradesh 116. Dongeri Tal-IIMadhya Pradesh State Mining Corporation Ltd. (MPSMC)Madhya Pradesh 117. Marki BarkaMadhya Pradesh State Mining Corporation (MPSMC)Madhya Pradesh 118. Semaria/PipariaMadhya Pradesh State Mining Corporation (MPSMC)Madhya Pradesh 119. BicharpurMadhya Pradesh State Mining Corporation Ltd. (MPSMC)Madhya Pradesh 120. Tandsi-IH&Mideast Integrated Steels Ltd.Madhya Pradesh Tandsi -HI (Extn.) 121. Sahapur EastNational Mineral Dev. Corp.Madhya Pradesh 122. Sahapur WestNational Mineral Dev. Corp.Madhya Pradesh 123. Mara II MahanNCT of Delhi, Delhi, Haryana Power Generation Corp. Ltd. (HPGCL) Madhya Pradesh 124. Sial GhoghriPrism Cement LimitedMadhya Pradesh - 18 - Ex-546/2014 125. BrahampuriPushp Steel and Mining Ltd.Madhya Pradesh 126. Rawanwara NorthSKS Ispat LimitedMadhya Pradesh 127. BanderAMR Iron & Steels Pvt. Ltd., Century Textiles & Industries Ltd., Maharashtra J.K.CementLtd. 128. Marki M angli-IB.S. Ispat Ltd.Maharashtra 129. Takli-Jena-BelloraCentral Collieries Co. Ltd. and Lloyds Metals & Engineering Ltd. Maharashtra (North) & Takli-Jena- Bellora (South) 130. Dahegaon/1ST Steel & Power Ltd., Gujarat Ambuja Cement Ltd.,Maharashtra Makard hokra- IVLafarge India Pvt. Ltd. 131. GondkhariMaharashtra Seamless Limited, Dhariwal Infrastructure (P) Ltd., Maharashtra Kesoram Industries Ltd. 132. Marki-Zari-Maharashtra State Mining Corpn. Ltd.Maharashtra Jamani-Adkoli 133. Lohara(East)Murli Industries Ltd.,Grace Industries Ltd.Maharashtra 134. Khappa & Extn.Sunflag Iron & Steel Ltd., Dalmia Cement (Bharat) Ltd.Maharashtra 135. Lohara West Extn.Adani Power Ltd.Maharashtra 136. Warora WestBhatia I nternational Ltd.Maharashtra (North) 137. Kosar DongergaonChaman M etaliks Ltd.Maharashtra 138. Warora (West)Fieldmining & Ispat Ltd.Maharashtra Southern Part 139. ChinoraFieldmining&IspatLtd.Maharashtra 140. MajraGondwana Ispat Ltd.Maharashtra 141. Nerad M alegaonGupta Metallics & Power Ltd., Gupta Coalfields & Washeries Ltd. Maharashtra 142. Baranj - IKarnataka Power Corp. Ltd. (KPCL)Maharashtra 143. Baranj - IIKarnataka Power Corp. Ltd. (KPCL)Maharashtra 144. Baranj - IIIKarnataka Power Corp. Ltd. (KPCL)Maharashtra 145. Baranj - IVKarnataka Power Corp. Ltd. (KPCL)Maharashtra 146. KiloniKarnataka Power Corp. Ltd. (KPCL)Maharashtra 147. Manora DeepKarnataka Power Corp. Ltd. (KPCL)Maharashtra 148. AgarzariMaharastra State Mining Corporation Limited (MSM CL)Maharashtra 149. WaroraMaharashtra State Mining Corporation Limited (MSM CL)Maharashtra 150. Bhandak WestShree Baidyanath Ayurved Bhawan Ltd.Maharashtra 151. Marki Mangli-IIShree Veerangana Steel Limited.Maharashtra 152. Marki Mangli-IIIShree Veerangana Steel Limited.Maharashtra 153. Marki Mangli-IVShree Veerangana Steel Limited.Maharashtra 154. BelgaonSunflag Iron & Steel Co. Ltd.Maharashtra 155. Mandakini BAssam Mineral Dev. Corporation Ltd., Meghalaya Mineral Dev.Orissa Corp, Tamil Nadu Electricity Board, Orissa Mining Corporation Ltd. 156. New PatraparaBhusan Steel & Strips Ltd., Adhunik Metaliks Ltd., DeepakOrissa Steel & Power Ltd., Adhunik Corp. Ltd., Orissa Sponge Iron Ltd., SMC Power Generation Ltd., Sree Metaliks Ltd.,Visa Steel Ltd. 157. BijahanBhushan Ltd., Shri Mahavir Ferro Alloys Pvt. LimitedOrissa 158. JamkhaniBhushan Ltd.Orissa 159. NainiGujarat Mineral Development Corporation, Pondichery Industrial Promotion Development and Investment Corporation LimitedOrissa 160. MahanadiGujarat State Electricity Corporation Limited,Orissa Maharashtra State Electricity Board- 19 -Ex-546/2014 161. MachhakataGujarat State Electricity Corporation Limited,Orissa Maharashtra State Electricity Board 162. Talabira-IHindalco Industries Ltd.Orissa 163. RamchandiJindal Steel & Power LimitedOrissa Promotion Block 164. Utkal B lJindal Steel & Power Ltd.Orissa 165. Baitarni WestKerala State Electricity Board, Orissa Hydro Power Corp.,Orissa Gujarat Power Corporation Ltd. 166. Talabira II & IIIMahanadi Coalfields Ltd. (MCL), Neyveli Lignite Corporation Ltd., Orissa Hindalco Industries Ltd. 167. Utkal-AMahanadi Coalfields Ltd. (MCL), JSW Steels Ltd., Jindal Thermal Orissa Power Comp. Ltd., Jindal Stainless Steels Ltd., Shyam DRI Ltd. 168. Utkal-B2Monet Ispat Ltd.Orissa 169. MandakiniMonet Ispat Energy Ltd., Jindal Photo Ltd., Tata Power Company Ltd. Orissa 170. Utkal-ENational Alluminium CorporationOrissa 171. DulangaNational Thermal Power CorporationOrissa 172. Utkal-DOrissa Mining CorporationOrissa 173. Nuagaon TelisahiOrissa Mining Corporation, Andhra Pradesh MineralOrissa Development (APMDC) 174. ManoharpurOrissa Power Generation CorporationOrissa 175. DipsideOrissa Power Generation CorporationOrissa Manoharpur 176. Radhikapur(West)Rungta M ines Limited, OCL India Ltd., Ocean Ispat Ltd.Orissa 177. RampiaSterlite Energy Ltd., (IPP), GMR Energy Ltd. (IPP), ArcelorOrissa Mittal India Ltd. (CPP), Lanco Group Ltd. (IPP), Navbharat Power Pvt. Ltd. (IPP), Reliance Energy Ltd. (IPP) 178. Dipside of RampiaSterlite Energy Ltd., (IPP), GMR Energy (IPP), Arcelor MittalOrissa India Ltd. (CPP), Lanco Group Ltd. (IPP), Navbharat Power Pvt. Ltd. (IPP), Reliance Energy Ltd. (IPP) 179. North of ArkhapalStrategic Energy Technology Systems Limited (SETSL)Orissa Srirampur 180. Radhikapur(East)Tata Sponge Iron Ltd., Scaw Industries Ltd., SPS Sponge Iron Ltd. Orissa 181. ChendipadaUttar Pradesh Rajya Vidut Utpadan Limited, ChhattisgarhOrissa Mineral Development Corporation Limited, Maharashtra State Power Generation Corporation Ltd. 182. Chendipada-IIUttar Pradesh Rajya Vidut Utpadan Limited, ChhattisgarhOrissa Mineral Development Corporation Limited, Maharashtra State Power Generation Corporation Ltd. 183. Utkal-CUtkal Coal Ltd. (formerly ICCL)Orissa 184. BiharinathBankura DRI M ining Manufacturers Co. Pvt. Ltd.West Bengal 185. Andal EastBhushan Steel Ltd., Jai Balaji Industries Ltd., Rashmi Cement Ltd.West Bengal 186. Barjora (North)Damodar Valley CorporationWest Bengal 187. Kagra JoydevDamodar Valley CorporationWest Bengal 188. Kasta(East)Damodar Valley CorporationWest Bengal 189. Gourangdih ABCHimachal EMTA Power Ltd., JSW Steel Ltd.West Bengal 190. Moira-MadhujoreRamsarup Lohh Udyog Ltd., Adhunik Corporation Ltd.,Uttam Galva West Bengal Steels Ltd., Howrah Gases Ltd.,Vikas Metal & Power Ltd., ACC Ltd. 191. SarisatolliCalcutta Electricity Supply Corporation Ltd.West Bengal 192. ArdhagramSova Ispat Limited, Jaibalaji Sponge Ltd.West Bengal 193. Tara(West)West Bengal Power Development Corporation Limited (WBPDCL) West Bengal 194. GangaramchakWest Bengal Power Development Corporation Limited (WBPDCL) West Bengal- 20 - Ex-546/2014 195. BarjoraWest Bengal Power Development Corporation Limited (WBPDCL) West Bengal 196. Gangaramchak-West Bengal Power Development Corporation Limited (WBPDCL) West Bengal Bhadulia 197. Tara(East)West Bengal State Electricity BoardWest Bengal 198. Jaganathpur BWest Bengal Mineral Development & Trading Corp.West Bengal 199. SitarampurWest Bengal Mineral Dev. & Trading Corp. Ltd.West Bengal 200. Trans DamodarWest Bengal Mineral Dev. & Trading Corp. Ltd.West Bengal 201. IchhapurWest Bengal Mineral Dev. & Trading Corp. Ltd.West Bengal 202. KultiWest Bengal Mineral Dev. & Trading Corp. Ltd.West Bengal 203. Jaganathpur AWest Bengal Mineral Dev. & Trading Corp. Ltd.West Bengal 204. EastofDamogoriaWest Bengal Power Development Corporation Limited (WBPDCL) West Bengal (Kalyaneshwari) SCHEDULE - II [See section 3(1)(q)] Sl. Name of CoalName of Prior AllotteeState where Coal Mine/ No. Mine/BlockBlock Located 1. Namchik NamphukArunachal Pradesh Mineral Dev. & Trading CorporationArunachal Pradesh 2. Gare-Palma-IV/4Jayaswal Neco Ltd.Chhattisgarh 3. Gare-Palma-IV/2Jindal Power Ltd. (Now Jindal Steel & Power Ltd.)Chhattisgarh 4. Gare-Palma-IV/3Jindal Power Ltd. (Now Jindal Steel & Power Ltd.)Chhattisgarh 5. Gare-Palma-IV/1Jindal Strips Limited (Now Jindal Steel & Power Ltd.)Chhattisgarh 6. Gare-Palma-IV/5Monet Ispat Ltd.Chhattisgarh 7. ChotiaPrakash Industries Ltd.Chhattisgarh 8. Gare-Palma-IV/7Raipur Alloys & Steel Ltd. (Now Sarda Energy and Mineral Limited) Chhattisgarh 9. Parsa EastRajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)Chhattisgarh 10. Kanta BasanRajasthan Rajya Vidyut Utpadan Nigam Ltd. (RRVUNL)Chhattisgarh 11. Parbatpur-CentralElectrosteel Castings Ltd.Jharkhand 12. Tokisud NorthGVK Power (Govindwal Sahib) Ltd.Jharkhand 13. Pachwara CentralPunjab State Electricity BoardJharkhand 14. KathautiaUsha Martin Ltd.Jharkhand 15. Pachwara NorthWest Bengal Power Development Corporation Limited (WBPDCL) Jharkhand 16. Gotitori a (East)BLA Industries Ltd.Madhya Pradesh 17. Gotitoria (West)BLA Industries Ltd.Madhya Pradesh 18. Mandla NorthJaipraskash Associates Ltd.Madhya Pradesh 19. Amelia (North)Madhya Pradesh State M ining CorporationMadhya Pradesh 20. BicharpurMadhya Pradesh State Mining Corporation Ltd.(MPSMC)Madhya Pradesh 21. Sial GhoghriPrism Cement LimitedMadhya Pradesh 22. Marki M angli-IB.S. Ispat Ltd.Maharashtra 23. Baranj-IKarnataka Power Corp. Ltd. (KPCL)Maharashtra 24. Baranj-IIKarnataka Power Corp. Ltd. (KPCL)Maharashtra 25. Baranj-IIIKarnataka Power Corp. Ltd. (KPCL)Maharashtra 26. Baranj-lVKarnataka Power Corp. Ltd. (KPCL)Maharashtra 27. KiloniKarnataka Power Corp. Ltd. (KPCL)Maharashtra 28. Manora DeepKarnataka Power Corp. Ltd. (KPCL)Maharashtra 29. Marki Mangli-IlShree Veerangana Steels LimitedMaharashtra 30. Marki Mangli-IIIShree Veerangana Steels LimitedMaharashtra 31. BelgaonSunflag Iron & Steel Co. Ltd.Maharashtra 32. Talabira-IHindalco Industries Ltd.Orissa 33. Barjora (North)Damodar Valley CorporationWest Bengal- 21 -Ex-546/2014 34. Kagra JoydevDamodar Valley CorporationWest Bengal 35. SarisatolliCalcutta Electricity Supply Corporation Ltd.West Bengal 36. ArdhagramSova Ispat Limited, Jai Balaji Sponge Ltd.West Bengal 37. Tara (West)West Bengal Power Development Corporation Limited (WBPDCL) West Bengal 38. GangaramchakWest Bengal Power Development Corporation Limited (WBPDCL) West Bengal 39. BarjoraWest Bengal Power Development Corporation Limited (WBPDCL) West Bengal 40. Gangaramchak-West Bengal Power Development Corporation Limited (WBPDCL) West Bengal Bhadulia 41. Tara(East)West Bengal State Electricity BoardWest Bengal 42. Trans DamodarWest Bengal Mineral Dev. & Trading Corp. Ltd.West Bengal SCHEDULE - III [See section 3(1)(r)] Sl. Name of CoalName of Prior AllotteeState where Coal Mine/ No. Mine/BlockBlock Located 1. Durgapur-II/Bharat Alluminium Company Ltd.Chhattisgarh Taraimar 2. Durgapur-II/SaryaDB Power Ltd.Chhattisgarh 3. Gare PelmaGoa Industrial Development CorporationChhattisgarh Sector III 4. GarePalmaIV/8Jayaswal Neco Ltd.Chhattisgarh 5. TalaipaliNational Thermal Power Ltd.Chhattisgarh 6. Chatti BariatuNational Thermal Power Ltd.Chhattisgarh 7. M ahanEssar Power Ltd., Hindalco Industries Ltd.Madhya Pradesh 8. Mandla SouthMadhya Pradesh State M ining Corporation Ltd.Madhya Pradesh 9. DongeriTal-IIMadhya Pradesh State Mining Corporation Ltd. (MPSMC)Madhya Pradesh 10. Kosar DongergaonChaman M etaliks Ltd.Maharashtra 11. Nerad M alegaonGupta M etallics & Power Ltd.,Gupta Coalfields & Washeries Ltd.Maharashtra 12. Marki Mangli-IVShree Veerangana Steel LimitedMaharashtra 13. Jam khaniBhushan Ltd.Orissa 14. Utkal B 1Jindal Steel & Power Ltd.Orissa 15. Utkal-B2Monet Ispat Ltd.Orissa 16. MandakiniMonet Ispat Energy Ltd., Jindal Photo Ltd.,Tata Power Company Ltd. Orissa 17. Utkal-CUtkal Coal Ltd. (formerly ICCL)Orissa 18. BrindaAbhijeet Infrastructure Pvt. Ltd.Jharkhand 19. SasaiAbhijeet Infrastructure Pvt. Ltd.Jharkhand 20. MeralAbhijeet Infrastructure Pvt. Ltd.Jharkhand 21. MoitraJayaswal Neco Ltd.Jharkhand 22. JitpurJindal Steel & Power Ltd.Jharkhand 23. RohneJSW Steel Ltd., Bhushan Power & Steel Ltd., Jai Balaji Industries Ltd. Jharkhand 24. DumriNilachal Iron & Power Ltd., Bajrang Ispat Pvt. Ltd.Jharkhand 25. KerandariNational Thermal Power Ltd.Jharkhand 26. SitanalaSteel Authority of India Ltd.Jharkhand 27. GaneshpurTata Steel Ltd., Adhunik Thermal EnergyJharkhand 28. BadamTenughat Vidyut Nigam LimitedJharkhand 29. TaraChhattisgarh Mineral Development Corporation Ltd.Chhattisgarh 30. LohariUsha Martin Ltd.Jharkhand 31. DulangaNational Thermal Power CorporationOrissa 32. ManoharpurOrissa Power Generation CorporationOrissa- 22 - Ex-546/2014 SCHEDULE IV (See section 28) PART-A THE COAL MINES (NATIONALISATION) ACT, 1973 (26OF 1973) 1. In the Coal Mines (Nationalisation) Act, 1973 (herein referr ed to as the principal Act), in sub-section (1) of section 1 A, after the word and figure “section 3”, the word, figure and letter “, section 3A” shall be inserted. 2. After section 3 of the princip al Act, the following section shall be inser ted, namely:— “3A. (7) Notwithsta nding a nything contained in t his Act , any person being— (a) a Government company or corporation or a joint venture company formed by such company or corpor ation or between the Central Government or the State Government, a s the ca se may, or any other company incorpor ated in India; or (b) a company or a joint venture company formed by two or more companies, may car ry on coal mining operations in India, in any form either for own consumption, sale or for any other purpose in accordance with the pros pecting licenc e or mining lease, a s the case may be. (2) The Central Government may, with a view to rationalise such coal mines so as to ensure the co-ordinated and scientific development and utilisation of coal resources consistent with the growing r equirements of the country, from time to time, pr es cr ib e— (i) the coal mines or coal bearing areas and their location; (ii) the minimum size of the coal mine or coal bearing ar eas; (iii) such other conditions, which in the opinion of that Government may be necessa ry for the purpose of coal mining oper ations or mining for sale by a company. Explanation.—For the purposes of this section, “company” means a company as defined in clause (20) of section 2 of the Companies Act, 2013.” 3. In section 34 of the pr incipal Act, in sub-s ection (2), aft er clause (a), the following clause shall be inserted, namely:— “(aa) the coal mines or coal bearing areas and their location, the minimum size of the coal mine or coal bear ing areas, and such other conditions which may be necessary for the purpose of coal mining operations including mining for sale by a compa ny under sub-section (2) of section 3 A.”. PART-B THE MINESAND MINE RALS (DEVELOPMENTAND REGULATION) ACT, 1957 (67 of 1957) 1. In the Mines and Minera ls (Development and Regulation) Act, 1957 (herein referred to as the principal Act), for section 11 A,the following section shall be substituted, namely:— “11 A. (1 ) Notwithstanding anything contained in this Act , the C entr al Government ma y, for the pur pose of gr anting reconna issance permit , prospecting licence or mining lease in respect of any area containing coal or lignite, select any of the following compa nies through a uction by competitive bidding, on such terms and conditions as may be prescribed, namely:— Amendment of section 1A. Insertion of new section 3A. Amendment of section 34.18 of 2013. Substitution of new section for section 11A.- 23 -Ex-546/2014 Mining operation by company and others. Granting of reconnais- sance permit, prospecting licence or mining lease. (a) a Government company or cor poration or a joint venture company formed by s uch company or corpor ation or between the Central Government or the State Government, a s the ca se may, or any other company incorpor ated in India; or (b) a company or a joint venture company formed by two or mor e companies, ma y car ry on coa l mining operations in India, in any for m either for own consumption, sale or for any other purpose in accor dance with the permit, pros pecting licenc e or mining lease, a s the case may be. (2) The Cent ral Government may, with a view to ra tionalise coal and lignite mines refer red to in sub-section (1), so as to ensure the co-ordina ted and scientific development and utilisation of resources consistent with the growing requirements of the country, from time to time, prescribe— (i) the details of mines a nd their location; (ii) the minimum size of the such mines; (iii) such other conditions, which in the opinion of that Government may be necessary for the purpose of mining oper ations or mining for sale by a company. (3) The State Government shall gra nt such reconna issance permit, prospecting licence or mining lease in respect of any area containing coal or lignite to such company as selected through auction by competitive bidding or otherwise under this section: Provided that the auction by competitive bidding under this section shall not be applicable to an area containing coal or lignite— (a) where such area is considered for allocation to a Government company or corporation or a joint venture company formed by such company or corporation or between the C entra l Gover nment or the Sta te Government , as the case may be; (b) where such area is considered for allocation to a compa ny or corporation or that has been awarded a power project on the basis of competitive bids for tar iff (including Ultra Mega Power Projects). Explanation.—For the purposes of this section, “company” means a company as defined in clause (20) of section 2 of the Companies Act, 2013.” 3. In section 13 of the principa l Act, in sub-section (2), for clause (d), the following clause sha ll be substituted, namely:— “(d) the terms and conditions of auction by competitive bidding, the details of mines and their location, the minimum size of such mines and such other condit ions which may be necessary for the pu rpose of coal mining operations including mining for sale by a compa ny under sub-s ection (1) and sub-section (2) of section 11A.”. PRANAB MUKHERJEE, P resident . DR. SANJAY SINGH, Secr etary to the Govt. of India.Amendment of section 13. 18 of 2013.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 24 - Ex-546/2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Thursday 27.11.2014 Agrahayana 6, S.E. 1936, Issue No. 547 NOTIFICATION No.Z.11011/5/2014-HFW, the 8th August, 2014.In pursuance of National Health Mission RoP, 2014-15 and in the interest of public service, the Governor of Mizora m is pleased to constitute a State Level and Distr ict Level Qua lit y Assur ance Committee consisting of t he following members with immedia te effect and until fur ther orders. STATE LEVEL QUALITY ASSURANCE COMMITTEE (SQAC):1.Principal S ecretary, Health & Family Welfar e Depart ment-Chairman 2.Mission Dir ector, National Health Mission-Vice Chairman 3.Dir ector of Healt h Services-Convener 4.Joint Director of Health Services, Family Welfare-Member 5.Director of Hospital & Medical Educa tion-Member 6.Director, Administrative Training Institute (ATI)-Member 7.Medical Superintendent, Civil Hospital, Aizawl-Member 8.Head of Department, Obs. & Gynecology, C.H.,Aizawl-Member 9.Head of Department, Surgery, Civil Hospital, Aizawl-Member 10. Head of Department, Anaesthesiology, C.H., Aizawl-Member 11. Head of Depa rtment, Paediat ric Medicine, C.H., Aizawl-Member 12. Head of Department, Medicine, C.H., Aizawl-Member 13. Chief Medical Officer, Aizawl East-Member 14. Chief Medical Officer, Aizawl West-Member 15. Registrar, Mizoram Nursing Council-Member 16. Director, P resbyterian Hospital, Durtlang-Member 17. Law Officer from State Law Department-Member 18. President, Indian Medical Associa tion, Mizoram State Br anch -Member TERMS OF REFERENCE: SQAC is a body for the Policy decision & directions. This is also resp onsible for all QA initiative, its success & shortcomings. The primar y role of the committees at the state level will be to provide overall guidance, mentoring and monitoring of QA efforts in the districts. Some of t he ToRs reflect ed here are operational in nature and shall be implemented by the SQAC, which is the oper ational and implementa tion are of SQAC. - 2 - Ex-547/2014 1 . Developing the Quality Assurance Policy & Guidelines for the State: Using National guidelines, the SQACs will develop/adapt QA the Guidelines specific to their , vStates. Composition of the state and dis trict QACs & QAUs. Recruitment of consultants for QA at state and district levels. Empa nelment of state QA assessors who may be retired/serving, part time/full time as p er the s tate sp ecific need. Expa nding the scope of QA process as per the states’ requirements. Note : The Recruitment committee should include one nominee from the Ministry of Health & Family Welfare, GOI. 2 . Ensuring attainment of the Standards for Quality of Care by Public Health Facilities: The committee will develop ‘road- map’ for achieving the nationa l standards. Assessment of need of Technical Assistance (TA) by the facilities and mobilization of such TA. 3 . Monitoring the state/district level units: Ensuring that state/ district level orientation and other tra inings are conducted timely in a meaningful manner. The support of the technical team at the nationa l level may be taken to prepar e a pool of master-trainers at the state/district. 4 . Periodic Review of the pr ogress of QA act ivities: Will conduct review meetings at six monthly interval. Review of Quality scores, attained by different categories of Public Health Facilities. Take decisions for corrective actions and preventive act ions Defining ta rgets and road maps 5 . Review and adjudicate compensation claims: Under the National Family Planning Indemnity Scheme for cases of deaths, complications and failures following male and female sterilization procedures, (for detailed procedur es to be followed plea se refer to the manual on “Family Planning Indemnity scheme 20 13”, Ministry of Health & Family Welfare, Government of India”). 6 . Supporting quality improvement process: Take visionary decisions for continuous quality improvement a nd its sustenance. Sanction funds for implementation and impr ovement of quality. Reflects funds requirement for Quality Assurance in the annual State PIP along with justification Operationalisation of incentive scheme. 7 . Reviewing Key performance indicators of quality: The suggested KPIs for District Hospitals are given in the Annexure ‘A’. The S QAC may add additional indicators in KPIs list. Perfor ma nce of health fa cilities as a ssessed by the KPIs would also be discussed during review meetings of CMO/CS/CMHO/DHO. RMNCH score card can be used for assessing the performance of the facilities. 8 . Reporting: The committees’ review rep or t shou ld be p ut on t he State’s webs ite. The reports would also be shared with a ll district committees and other stakeholders. PROCESS OF SQAC: 1.The state quality assurance commit tee will meet a t least once in six months. 2.The convener will issue meeting notice a t least seven working days before the scheduled date of meeting with the approval of the chairperson/vice chairperson. 3.While every attempts should be made to ensure tha t the chairperson and/or the vice-cha irperson are able to attend the meeting, however, in the absence of the cha ir, the Convener shall have the right to convene the meeting and conduct it according to the set agenda. Under such circumstances, the minutes of the meeting should be sent to the chairperson and vice chair person for information and ratification. 4.The member secretar y will ensure the preparation of the agenda notes for meeting, minutes of the last meeting and Action Taken Report(AT R), which will also be circulated in advance to all committee memb ers, at lea st seven days befor e the scheduled da te for the meetings. 5.An attendance by at least one-third of the Committee members will cons titute the quor um required for a valid meeting. 6.Member Secr etary will ensure follow-up actions with responsibilities a nd timelines for the same. 7.The “State Family Planning Indemnity Sub-commit tee” would meet as often as warranted at least three members would constitute the quor um of this sub-commit tee. 1.DISTRICT LEVEL QUALITY AS SURANCE COMMITTEE (DQAC): 1.Deputy Commissioner:Chairman. 2.Chief Medical Officer:Convener 3.District Family Welfare Officer (if any):Member 4.Medical Superintendent of District Hospital:Member 5.In-charge of CHC&PHC (one each, by rotation).:Member 6.Seniormost Gynaecologist of Dist. Hospital:Member 7.Seniormost Surgeon of Dist. Hospital:Member 8.Seniormost Medical Specialist of Dist. Hospital:Member 9.Seniormost a naesthesiologis t of Dist. Hospital:Member 10. Seniormost Pediatrician of Dist. Hospital:Member 11. Nursing Superintendent of Dist. Hospital:Member 12. One of the Govt. Advocates of the District:Member TERMS OF REFERENCE : 1 . Dissemination of QA policy a nd guidelines: The district QAC will be responsible for disseminating the QA guidelines to all the stakeholders. 2 . Ensuring Standards for Quality of Car e: The committee will ensure that QA standa rds have been achieved at designated health facilit ies. 3.Reviews, report and process compensation claimsfor onwar d submis sion to t he S QAC under the National Family Planning Indemnity Scheme for cases of deaths, complica tions a nd failures following ma le and female sterilization pr ocedures, (for detailed procedures to be followed please refer to the manual on “Fa mily Pla nning Indemnity Scheme 2013, Ministry of Health & Fa mily Welfare, Government of India”). 4.In case a facility reports a sterilization related death, the convenor of the DQAC should inform the convenor of the SQAC within 24 hours. Death audit needs to be undertaken by the DQAC and report sent to the state with a copy to the Ministry of Health & Family Welfa re, Govt. of India, within one month of the death being repor ted. 5 . Capacity building of DQAU a nd DQT: Ensuring tha t distr ict level orientation and trainings ar e accomplished intime for DQAU and also DQT.- 3 -Ex-547/2014 6 . Monitor ing Q A efforts in the district: The committee needs to ensure that facility assessments and subsequent quality improvement effor ts are executed as per p la n. 7 . Periodic Review of the pr ogress of QA act ivities: Will conduct quarterly review meetings a nd more if needed. Take decisions for corrective actions. Define targets and road maps During the district level program review meetings the Key performance indicators (KPI) of quality can be reviewed. RMNCH score can be used for assessing the performance of the facilit ies. 8 . Supporting quality improvement process: Sanction and release of funds for implementation and impr ovement of quality. Reflect fund requir ement in the annual DHAP along with justification. Taking all required actions for incentivisation of the facilities on attaining the certified sta tus. 9 . Coordination with the state for : Dissemination and implementation of guidelines. Facilitators support for the visits of SQAC/SQAU to the districts. Shar ing minutes of DQAC meeting a nd monthly reports. Corr ective action & preventive actions. 10. Reporting: The committ ee’ review r ep or t to be put on the s tate NR HM webs ite. Shar e with all dis trict committee members and other stakeholders. Shar e the QA repor ts with the concerned facility. Process : The district quality assurance committee will meet at least once in a quarter. The convener will issue meeting notice at least seven working days before the scheduled date of t he meeting with the approval of the chairperson. While every attempt should be made to ensure tha t the chairperson is a ble to attend the meeting, however, in the absence of the chair, the Convenor shall have the right to convene the meeting. Under such circumstances, the minutes of the meeting should be sent to the cha irperson for information and ratification. Member Secretar y will ens ure t he prepa ration of a genda notes, and action ta ken r eports, which will be circu lated in advance to all committee members pr eceding the DQAC meetings. An a ttendance by at least one third of t he Committee members will constitute the quorum required for a valid meeting. Member Secretary will ensure follow-up actions with responsibilities and timelines for the same. The “District Family Planning Indemnity Subcommittee” would meet as often as warranted. At least three members would constitute the quorum of this subcommittee. Lalmalsawma, 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- 4 - Ex-547/2014