The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 6.1.2015 Pausa 16, S.E. 1936, Issue No. 1 1.(1) These Rules may be called the Mizor am Home (Police) De- partment (Group ‘B’ Non - GazettedPost) Recruitment Rules, 2014. (2) They shall come into force from the date of their publication in the Officia l Gazette. 2.These Rules shall apply to the posts specified in column 1 of the Annexure-1 hereto annexed. 3.The number of the said post (s), its classification and the scale of pay attached thereto shall be as specified in Column 2 to 4 of the Annexure -1 as aforesaid. 4.The age limit, qualification and other matters relating to the said post shall be as specified in Columns 5 to 14 of the Annexure -1. Provided that the age limit prescribed for direct recruitment may be relaxed in the case of candidates belonging to the Scheduled Castes / Scheduled Tr ibes and other special categories of persons in accordance with the orders issued by the Central Government or Government of Mizoram fr om time to time. 5.No person - (a) Who has entered into or contracted a marriage with a person having a spouse living; or (b) Who, having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to the said post;NOTIFICATIONNo.A. 12018/40/2004-P&AR(GSW), the 16th December, 2014.In exercise of the powers con- ferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram is pleased to make the following rules relating to the recruitment to the post ofAssistant Sub-Inspector of Police (Radio Mechanic)under Home Department, Government of Mizoram, namely :- Short title and Commencement Application Number of posts, classification and scale of pay Method of recruitment, age limit and other qualifications Disqualification Ex-1/20152 Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other valid grounds for doing so, exempt any such person from the operation of this rule. 6.Every Government servant r ecruited under these rules sha ll un- dergo such training or pass such D epartmental Examination as may be prescribed from time to time. 7.Notwithstanding anything contained in these Rules, the Governor of Mizoram, in public interest, shall have the right and power to transfer any officer so recruited under these Rules to any other post or position which is equivalent in rank or grade. 8.Where the Governor is of the opinion that it is necessary or expe- dient so to do, he may, by order and for reasons to be recorded in writing and with prior consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules, save and except the educational and tech- nical qualification with respect of any class or category of persons. 9.Nothing in these rules shall affect any other concessions required to be provided for the Scheduled Castes / Scheduled Tribes and other cat- egories of persons in accordance with the order or orders issued by the Central Goverment or Government of Mizoram from time to time in this regards. 10.All r u les p er t a ining t o t h is p os t fr a med b y t he G over n ment o f M izo r a m under Notification No.A. 12018 / 10(ii) / 81-APT(B) dated 9.8.1985 in respect of the post of Assistant Sub-Inspector (Radio Mechanic) stand hereby rep ealed. Provided that any order made or anything done or any action taken under the rules so repealed or under any general order ancillary thereto, shall be deemed to have been made, done or taken under the corresponding provisions of these rules. By orders, etc. B.Zahmuaka Joint Secretary to the Govt. of Mizoram, Deptt. of Personnel & Adve. Reforms. Training and Departmental Examination Power to relax Reserv atio ns and other concessions Repeal and savings Power to transfer Ex-1/2015 3 SCHEDULE (SeeRule2,3and4) RECRUITMENTRULESFORTHEPOSTSOFGROUP‘B’NON-GAZETTEDPOSTSUNDERMIZORAM POLICERADIOORGANIZATION Name of posts No.ofposts Classification Pay Band and Grade Pay/ Pay Scale W hether Selec- tion postor Non-Selection post W hether benefitof added years ofservice admissible underrule 30 ofthe CCS (Pen- sion)Rules, 1972 Agelimitfor directre- cruits AssistantSub- Inspectorof Police(Radio M echanic) 14(fourteen)or assanctionedby theGovernment ofMizoram from timetotime GeneralState ServiceGroup‘B’ (Non-Gazetted) (Non-Ministerial) PB -2 ^9300-34800+ ^4200/-Grade Pay Non-Selection Notapplicable 1 2 3 4 5 6 7 8 Classification Pay Band and Grade Pay/ Pay Scale W hether Selec- tion postor Non-Selection post W hether benefitof added years ofservice admissible underrule 30 ofthe CCS (Pen- sion)Rules, 1972 Agelimitfor directre- cruits Educationaland otherqualifica- tionsrequired for directrecruits 1 2 3 4 5 6 7 8 Notapplicable Notapplicable Period ofproba- tion ifany M ethod ofre- cruitment whetherby direct recruitmentorby promotion orby deputation/ transferand percentage ofthe vacancies to be filled by various methods IfDPC exists, whatisits composition? Circumstances in which M .P.S.C.is to be consulted in making recruiment. NotApplicable 100% byPromotion Promotionfrom HeadCon- stable(RadioMechanic)with 5(five)yearsregularservicein therank/gradeandpassed PW T(PoliceWirelessTechni- cian)Grade-IICourse MPSC orDepart- mentalPromotion Committeeas constitutedby Govt.ofMizoram from timetotime AsperMPSC (Limitationsof Functions)Regula- tions,1994andas amendedfrom time totime. W hetherthe age and educationalqualification prescribed fordirect recruitmentwillapply in the case ofpromotion In case ofrecruitmentby promotion ordeputation/ transfergrade from which promotion/deputation/ transferto be made NotApplicable 9 10 11 12 13 14 Ex-1/2015 4 PublishedandIssuedbytheController,Printing&Stationery,Mizoram PrintedattheMizoramGovt.Press,Aizawl.C-100.

NOTIFICATIONNo. H. 12018/7/91-LJD, the 4th December, 2014. The following Act is hereby re-published for general information. The Mizoram Animal (Contr ol & Taxation) Act, 2014 (Act No. 12 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. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 6.1.2015 Pausa 16, S.E. 1936, Issue No. 2 THE MIZORAM ANIMAL (CONTROL & TAXATION) ACT, 2014 AN ACT to provide for the control and taxation of animals in the State of Mizoram and for the matters connected herewith. It is enact ed by t he Legislative Assembly of Mizoram in the Sixty fifth year of the Republic of India as follows :- Chapter-1 PRELIMINARY1 . Short title, extent and commencement (1) This Act may be called The Mizoram Animal (Control & Taxation) Act, 2014. (2) It extends to the whole of the sta te of Mizoram except the areas within the jur isdiction of Municipalities and of Chakma, Mara and Lai Autonomous District Councils in Lawngtlai District and Saiha District; Provided tha t the Government may, by notification in the Mizoram Gazette, exempt any area from the operation of the whole or any portion of this Act but not so as to affect with anything done or a ny offence commit ted or any fine imposed or penalty incur red or a ny proceedings commenced in such area before such exemption, and ma y, in like manner, var y or cancel such notification. (3) It shall come into force on the da te of publication in the Mizoram Gazette. 2. Definitions In this Act , unless the context, otherwise requires (a ) “a nimal” includes any animal norma lly domesticated for wha tever purpose or for rearing purposes; (b) “cattle” means cows, oxen, bulls and calves; (c) “district” means a civil district of the State; (d) “government” means the Sta te Government of Mizoram; ( e) “municipalities” means Urban Local Bodies as constituted under the Mizoram Municipalities Act, 2007; (f) “owner” means (i)When used with reference to land or property (whether private or public) the cultivator or occupier or owner of la nd or pr operty, jhum, garden, land used for wet rice cultiva tion or a ny person who has advanced cash for the cu ltivation of the crop or produce on any land or the vendor or mortgagee of such crop or produce, or any portion thereof; (ii) When used with reference to any animal, it includes t he person for the time being in- char ge of t he animal; (g) “prescribed” means prescribed by any rules made under this Act; (h) “state” means the State of Mizoram; Ex-2/20152 (i)“village council” means a Village Council constituted under the Lushai Hills District (Village Councils) Act, 1953 (Lushai Hills Act No. V of 1953) as amended from time to time; (j)“village council fund” means any fund under the contr ol and management of a Villa ge Council; (k) “vicious animal” means (i)any animal that demonstra tes any ferocious, vicious or aggressive behavior, or (ii) any animal which has been the ca use of any penalty incurred by the owner in any court within the past six months or (iii) any animal which ha s bitten or ma imed another animal or human without provoca tion within the past six months. Chapter-II CONTROL OF ANIMALS3 . Animals to be kept under control (1) No animal shall be let alone any t ime anywhere except under the watch of a keeper. (2) No owner of an animal shall allow his animal to trespass upon any land or property, whether private or public. 4 . Procedure of animal control Animals shall be controlled as follows- (1)Fowls and P igs: Fowls and Pigs shall be kept in confinement. (2)Goats : (i)Every owner of goats may allow his goats t o graze subject to keeping them under the watch of a keeper or by being tied with ropes to graze about; (ii) Every owner of goa ts shall keep his goa ts in confinement or detention in a shed meant for the animals at night time. (3)Cattle, mithuns, horses, and buffaloes: Cattle, mithuns, horses and buffaloes shall be cont rolled in the like ma nner as under clause (2) above, or it shall be kept within a gra zing ground notified by the Village Council in consultation with the State Government. (4)Other animals : Other animals shall be kept effectively confined within a fence or compound, or kept effectively detained by a rope or a sufficiently strong tie. 5 . Animals to be kept in hygienic condit ion Animals shall be kept in such a clean and sanitar y condition as may be prescribed by rules so that they may not cause a public nuisance. 6 . Animal Grazing Ground (1) The Village Council, if considered necessary, may declare and specify suitable land for animal grazing ground wit h the approval of State Government s o as to keep animals to have free movement within such area in sear ch of food for themselves. (2) Subject to all relevant la ws in t his regard, the Village Council shall have power to promulgate necessary or der (s) for the control and management of animal gra zing gr ound. However, such orders shall be referred to the State Government for prior approval.Ex-2/2015 3 Chapter-III PROCEDURE FOR SEIZURE OF ANIMALS IN VILLAGE COUNCIL AREAS7 . Seizure of animals (1) It shall be lawful for any person who is the owner of any land or pr operty, whether private or public, to seize or cause to be seized any animal tresp assing upon such land or property causing dama ge thereto and to take it to any member of t he Village Council concerned or in t heir absence, to the Secretary of the Village Council concerned, who shall cause such a nimal to be tied at such place or enclosure as may be set apart by the Village Council concerned. (2) If a ny animal tresp assing upon any land or property or causing damage thereto under sub- section (1), while getting seized, meets with an accident or gets hurt by falling on t he ground or into a ditch or precipice, even to the extent of death as a result thereof, the owner of the land or property shall not be liable to pay da mages to the owner of such animal. Provided tha t in such case the Village Council concerned shall return or cause to be retu rned the carcass of such anima l in fu ll to its lawful owner at the earliest possible. (3) Every Villa ge Council shall keep registers for the animals seized and brought under sub-section (1) and also for the anima ls mentioned in sub-section (2) of this section. (4) When any animal is brought under sub-section (1), the Village Council shall cause to be entered in a register- (a ) the number and description of such animals; (b) the day and hour on and at which they were brought; (c ) the name and full residential address of t he person who ma de the seizure; and (d) the name and full residential address of the owner (s), if known, and shall cause to be given to the person who seized it or his agent a copy of the entry. (5) When seizur e of animals ta kes pla ce under this section the Village Council shall, within twenty four hours of the time when the animals were brought under sub-section (1) through a Village Crier announce such seizur e to the people of the village or the locality. 8 . Village Council to feed and water the animal seized (1) No s eized animals shall be allowed to sta rve. The Village Council shall cause to feed and water them properly. (2) The feeding charges will be at such rates as may be pr escribed by the Government, which may be collected by the Village Council from the owner. 9 . Delivery of animals (1) If the owner of the seized animals or his duly authorized agent appears and claims the animals, the Village Council shall deliver them to him on payment of feeding charges as provided under sub-section (2) of section 8, and such fines at such rate as the Government may from time to time, by rules, pr escribe for each kind of animals. (2) The owner or his agent on taking back the animal (s) sha ll sign a receipt for them in the register kept by the villa ge council. 10. Procedure if animals are not claimed within seven days Ex-2/20154 (1) If the animals a re not claimed within seven days from the da te of announcement under sub-section (5) of section 7, the Village Council shall cause them to be sold by public auction. (2) If within the period specified in sub-section (1) the owner or his agent cla ims the animals but refuses or fails to pay the feeding charges and the fines chargeable under section 9, the Village Council shall cause the animals or any of them, as may be necessary, to be sold by public auction. Provided tha t if any such a nimals are, in the opinion of the Village Council, not likely to fet ch a fair price if sold in auction under sub-section (1 ) or sub-s ection (2), they may be disposed of in such manner as the Village Council think fit. (3) The Village Council or any member or secr etary thereof or any member of their families or any other person in the employment of the Village Council shall not directly or indirectly purchase any animal sold under this section. (4) The sale pr oceeds thereof shall be deposited into the Village Council Fund, provided that the sale proceeds shall be refunded to the owner if the sale is pr oceeded under sub section (1) and the owner ma kes a claim within 15 days of the sale and deposits the sale proceeds together with the feeding charges, if borne any, and the fine money. Chapter-IV ANIMAL TAXATION11. Levy of taxes and liability to pay (1) Every owner of animals shall be liable to pay such taxes and fees as may be levied under this Chapter. (2) There shall be levied and collected at such ra tes and in such manner as ma y be pr escribed by the Government from time to time under this Act, taxes on animals from the owners of such animal. Provided tha t nothing in this Chapter sha ll apply to any animal owned by :- (a ) the Central Government; (b) the State Government; (c ) the North - Eastern Council constituted; under section 3 of the North - Eastern Council Act, 1971 (Central Act 81 of 1971); (d) a corporation owned or cont rolled by the C entral Government or the State Government; and ( e) a Village Council. (3) The animal tax levied under sub-s ection (2) shall, at t he option of the owner of the animal (s), be pa id annually in one installment or half yearly in two insta llments within such time as may be pr escr ibed. 12. Regist ration (1) Every owner of animal (s) shall r eport to the Village Council of the a rea, within one month, the number of a nimals (adult a nd young) and kinds of animals owned by him and register such animals by paying r egistra tion fee at such rate or rates as may be, by notification, fixed by the Government from time to time. T he registra tion fee shall be credited to the Village Council Fund. (2) The Village Council shall maintain registers for regist ration of animals and keep an account of registration fees levied and collected.Ex-2/2015 5 (3) The account books a nd other registers maintained by the Village Council under this Cha pter shall be subject to checking by the Distr ict Loca l Administration Officer concerned or any other officer authorized by the Government in t his behalf.13. Taxation (1) Animal tax at such rate or rates as may be, by notification, fixed by the Government shall be collected by the Village Council. Collection of tax may be done at the time of registration or before they have been taken apart from their mother. (2) Fifty percent (50%) of the Animal tax collected under this Chapter shall be credited to the Village Council Fund and the balance of fifty percent (50%) shall be credited to the Consolidated Fund of the State. (3) The Village Council shall maintain register for collection of taxes credited to the Village Council Fund as well as to the Consolidated Fund of the State. 14. Appeal Any person aggrieved by any order of the Village Council or a ny officer under this Chapter may appeal to such authority a nd within such time as may be prescribed. Chapter – V PENALTIES 15. Penalties for allowing animals to stray in street or trespasses upon private or public property or attacking a person (s) (1) Whoever cont ravenes any of the provisions as cont ained in section 3, 4 a nd 5 of this Act or allows any animals which a re his property or in his cha rge to stray in any street or to trespass upon any private or public property shall be punished with a fine which may extend to five hundred rupees. (2) If a ny dama ge is caused by animals while on stray on private or public land or pr operty, the owner of such animal or animals shall pa y such reasona ble amount of compensa tion to any person for the dama ge proved to ha ve been caused to his property or to the produces of his land, by the animals, under the control of the accused, trespassing on his land, as ma y be ordered by the Village Council concer ned. (3) If a vicious animal attacks a person, the owner of such vicious animal shall be liable to pay for the medical treatment of the victim as may be advised by a doctor, or a fine of five hundred rupees to the victim, or with both. 16 . Pena lty for forcibly opposing the seizu re of a nimals or rescu ing t he sa me Whoever for cibly opposes the seizure of animals liable to be seized under t his Act , and who forcibly attempts to or rescues the same after seizure either from the place or any person taking or about to ta ke the animals to the Village Council sha ll be punished with a fine which may extend t o five hundred rupees or with both. 17. Penalty on pound-keeper etc. failing to perform duties Any person in char ge of the animals kept under section 7 or a ny pound-keeper releasing or delivering animals contrary t o the provisions of Chapter III or failing to or omitting to provide any impounded animal with sufficient food and water, or failing to perform any of the other duties impos ed upon him by t his Act , and a ny person purchasing any animal in contravention of section 10 or section 7, shall, over and above any other penalty to which he ma y be liable, be punished with a fine which may extend to five hundred rupees. Ex-2/20156 18. Provision of punishment as to taxation, etc Any person who, (1) cont ravenes the provisions of animal taxation u nder Cha pter IV, or (2) keeps animals in any premises in contravention of the provisions of t his Act , shall be punished with a fine which may extend to two hundr ed rupees and for every subsequent offence with a fine of three hundr ed rupees in each case of such subsequent offence. 19 . Fines to be cr edited All fines collected under this Act shall be credited to the Village Council Fund. 20 . Sa ving of r ight to s ue for compensation Nothing her ein contained shall b e deemed to pr ohibit any person whose crops or other produce of the land have been dama ged by trespass of animals from suing for compensation in a ny competent court. 21 . Power to enter or inspect premises or pla ces The Government may appoint or cause to be appoint ed by the Villa ge Councils such designated persons, as may be necessary, who shall - (1) inspect any animals or the arrangement for keeping animals, or (2) ascertain if any a nimals are being kept in accordance with the provisions of this Act, or the rules made there under, or (3) take such other action as may be prescribed by the Government, in this behalf. Chapter-VI MISCELLANEOUS 22 . Power to make rules (1) The Government may, by notification in the Mizor am Gazette, ma ke rules for ca rrying into effect the provisions of this Act. (2) Every rules made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Mizoram while it is in sess ion. 23. Repeal and savings (1) The Mizoram Animal (Control & Taxation) Act, 1980 (Act No. 4 of 1980) with its amendment(s) sta nds hereby repealed. (2) Notwithstanding such repea l, anything done or any action taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken, as the case may be, under the cor responding provisions of this Act. Secretary Law & Judicia l Department, Govt. of Mizoram.Ex-2/2015 7 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-200

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 6.1.2015 Pausa 16, S.E. 1936, Issue No. 3 NOTIFICATIONNo. H. 12018/83/2013-LJD,the 4th December, 2014. The following Act is hereby re-published for general information. The Mizoram Appropriation No. 4 Act, 2014 (Act No. 13 of 2014) {Received the assent of t he Governor of Mizoram on the 28th November 2014}. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. Issue of^ 69510643000/-out of t he Consolidated Fund of the S ta te of Mizor am for the Fina ncia l Year, 2014-2015.1.This Act may be called the Mizoram Appropriation Act, 2014 2.From and out of the Consolidated Fund of the State of Mizoram, there may be paid and applied the sums not exceeding those as specified in column (5) of the Schedule to this Act, amounting, in the aggregate, to the sum ofRupees six thousand nine hundred fifty one crore six lakh forty three thousand only for defraying the several charges which will come in course of payment for the Financial Year, 2014- 2015 in resp ect of t he services specified in column (2) of the Schedule. 3.The sums so authorised is inclusive of the sums already authorised under T he Mizoram Appropria tion (N o.2) Act of 2014 (Vote on Account) and The Mizoram Appropr iation (2nd Vote on Account) Act of 2014. 4.The sums authorised to be paid and applied from and out of the Consolidated F und of the Sta te of M izoram by this Act shall be appropriated for the services and purposes expressed in the Schedule in r elation to the said period. ACT NO. 13 OF 2014 THE MIZORAM APPROPRIATION NO. 4 ACT, 2014 AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services for the Financial Year, 2014-2015. It it enact ed by the Legislative Assembly of Mizoram in the S ixty Fifth Year of the Republic of India as follows :- Short Title Appropriation Ex-3/20152 THE SCHEDULE (See Sections 2 and 3) SERVICES AND PURPOSES 12345 1Lagislative AssemblyReven ue 2131.7987.202218.99 Capital90.0090.00 2GovernorRevenue10.60489.15499.75 3Council of MinistersRevenue619.22619.22 4Law & judicialReven ue 1783.15556.752339.90 Capital998.00998.00 5VigilanceRevenue488.33488.33 6Land Revenue & ReformsReven ue 1999.251999.25 7Excise & NarcoticsReven ue 2539.362539.36 8TaxationReven ue 1233.301233.30 9FinanceReven ue 47243.5847243.58 Capital2475.002475.00 10Mizoram Public Service Commsn. Revenue492.60492.60 11Secretariat Administration Revenue 8796.008796.00 12Parliamentary AffairsRevenue53.4353.43 13Personnel & Admn. ReformsRevenue223.30223.30 14Planning & P rog. Implementation Revenue 27030.2627030.26 15General Admn. DepartmentReven ue 5878.325878.32 16HomeReven ue 53840.2953840.29 Capital2549.002549.00 17Food, Civil Supplies & Con. Affairs Reven ue 7209.897209.89 Capital19326.6019326.60 18Printing & Stationery Revenue 1362.761362.76 19Local AdministrationReven ue 7310.057310.05 20School Educa tionReven ue 83866.4083866.40 21Higher & Technica l Educa tionReven ue 17542.6517542.65 22Spor ts & Youth ServicesReven ue 2844.402844.40 23Art & CultureRevenue1106.501106.50 Capital500.00500.00 24Medical & Public Health Services Reven ue 32676.5032676.50 Capital255.10255.10 25Water Supply & Sanita tionReven ue 9572.509572.50 Capital7956.707956,70 26Information & Public RelationsReven ue 1229.701229.70SUMS NOT EXCEEDING TotalVoted by Legislative AssemblyCharged on the Consolida tedDemand No.`in lakh Ex-3/2015 3 THE SCHEDULE (See Sections 2 and 3) 12345 27District CouncilsRevenue24814.9024814.90 28Labour & EmploymentRevenue1677.001677.00 29Social WelfareRevenue12682.6812682.68 30Disa ster Ma nagement & Rehab.Revenue2735.442735.44 31AgricultureRevenue19029.6519029.65 32HorticultureRevenue13562.0013562.00 33Soil & Water Conserva tionRevenue5220.975220.97 34Animal Husba ndryRevenue17436.0717436.07 Capital508.00508.00 35FisheriesRevenue2856.852856.85 36Environment & For estsRevenue11080.9511080.95 37CooperationRevenue1286.561286.56 Capital360.00360.00 38Rural DevelopmentRevenue33093.2333093.23 Capital3977.003977.00 39PowerRevenue28775.3528775.35 Capital4818.124818.12 40IndustriesRevenue10113.7010113.70 41SericultureRevenue2833.402833.40 42Tra nspor tRevenue4474.964474.96 Capital0.600.60 43TourismRevenue538.54538.54 Capital1000.001000.00 44Tra de & CommerceRevenue485.72485.72 Capital475.00475.00 45Public WorksRevenue22018.6022018.60 Capital24100.2024100.20 46Urba n Development & PovertyRevenue7539.227539.22 AlleviationCapital16190.9616190.96 47Minor IrrigationRevenue1292.401292.40 Capital6419.386419.38 48Info. & Com. TechnologyRevenue1406.001406.00 49Public DebtRevenue31469.3031469.30 Capital26466.0526466.05 GRAND TOTAL635545.3859561.05 695106.43 Secretary, Law & Judicia l Department, Govt. of Mizoram Voted by Legislative AssemblySUMS NOT EXCEEDING Demand No.SERVICES AND PURPOSES Charged on the ConsolidatedTotal`in lakhEx-3/20154 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-200.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 8.1.2015 Pausa 18, S.E. 1936, Issue No. 4 NOTIFICATIONNo.J.25011/1/2014-EXC(ii), the 7th January, 2015.In exercise of the powers conferred by Sub-rule ( 3) o f Ru le 1 o f t he Miz o r a m Liq u o r ( P r o hibit io n and Co nt r o l) Rule s, 2014, t he G o ver no r o f M iz o r am is pleased to appoint the 15th day of January, 2015 as the date on and from which the said Rules shall come into force throughout the whole of Mizoram excluding the Autonomous District Council areas of Chakma, Lai and Mara. P.C. Lallawmsanga, Principal Secret ary to the Govt. of Mizoram, Excise & Narcotics Depart ment. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi - 110001 Date : 2nd December, 2010 11 Agrahayana, 1932 (Saka) NOTIFICATION No. 429/MIZ/2010.In pursuance of the provisions of sub-section (1) of 13B of the Representation of the People Act , 1950 (43 of 1 950), the Elect ion Commission of India , hereby ma kes the following amendment in its Notification No. 429/MIZ-LA/2008 dated 11th June, 2008, relating to the appointment of Electoral Registra tion Officers for Assembly Constituencies in the State of Mizora m namely :- In column (2) of the table appended to the said Notification, against each of the assembly cons tituency shown below, for the existing entries, the following corresponding entries shall respectively be substituted - TABLENo. & Name of Assembly ConstituencyElectoral Registration Officer (1)(2) 12 - Aizawl N-III (ST)Asst. Commissioner, Aizawl 13 - Aizawl ‘E’ - I (ST)Asst. Commissioner, Aizawl 14 - Aizawl ‘E’ - II (ST)Asst. Commissioner, Aizawl 18 - Aizawl ‘S’ - I (ST)Settlement Officer, Aizawl 19 - Aizawl ‘S’ - II (ST)Settlement Officer, Aizawl By Or der, Shangara Ram, Principal Secretary, Election Commission of India. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XL Aizawl, Friday 7.1.2011 Pausa 17, S.E. 1932, Issue No. 9RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Rs. 1/- per pagePublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/700

The Mizoram GazetteEXTRA ORDINARYPublished by AuthorityRNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 31.10.2014 Kartika 9, S.E. 1936, Issue No. 540NOTIFICATIONNo. C. 18015/2/2010-UD&PA, the 19th November, 2014. In pursuance of Hon’ble SupremeCourt order case WP(C) No. 196/2011/PUCL-vs-Union of India ‘Guidelines for setting up and Managementof Night Shelter for Urban Shelterless in Mizoram’ is hereby published for general information.R. Lalvena,Secretary to the Govt. of Mizoram,Urban Development & Poverty Alleviation Department.1.Introduction:1.1The ultimate goal of the National Housing and Habitat Policy 1998 is to ensure that the basic needto Shelter for all is fulfilled in a time bound manner and a better quality of life is provided to all thecitizens of the country by harnessing the unused potential in the public, private and the householdsectors. Till such time this goal is achieved, it is necessary to provide some kind of shelter to theabsolutely shelterless urban population including street children and destitute women in urgent needof shelter to protect themselves against the vagaries of nature throughout the yearso that no life islost in Mizoram due to absence of Night Shelter.1.2Those Guidelines provide a framework for construction and management of night shelters forprovision of a minimum of 25 square feet area for sleeping and storage per one shelterless personin the urban areas. The Government recognized the necessity to provide some kind of shelter to theshelterless urban population, including street children and destitute women in urgent need of shelter,to protect themselves against vagaries of nature all throughout the year. The Night Shelters shouldprovide common toilets and bath, kitchen in addition to sleeping purposes separately for men andwomen. There should be dormitories or halls with plain flooring for sleeping at night and for othersocial purposes during the day time such as health care, training for unemployed youth and for adulteducation programme.1.3The Hon’ble Supreme Court of India in its direction in IA No. 94 and 96 in WP(C) No. 196/2001-PUCL VS Union of India & Ors. and sequel to communication received from Standing CounselCorporate Law Group vide letter Dated: November, 15th 2010 and in subsequent order Dated: 16-12-2010, expressed deep anguish concerning deaths of homeless persons taken place during winter/rain affected areas of the country and failure to provide adequate protection to them. Immediatesteps are to be taken with direction to concerned authorities not to demolish any night shelterwithout providing proper alternate night shelter till further orders. - 2 - Ex-540/2014 2.Objective 2.1The objectives of such infrastructure is to ensure that no life is lost du e to absence of Temporary Night Shelter for the shelterless people during night hours in all s easons throughout the year and to ascertain that there is no loss of life for want of adequate and proper Night Shelter. 3.Strategy 3.1Government of Mizor am has taken necessary steps to ensu re that no life is lost in the absence of Night Shelters. These guidelines have been framed in line with t he direction of the Supreme Court. Accordingly, NGOs/Civil society’s organizations having land, building trained man power and other resources to manage night shelter home for shelter less people within Urban Area in partnership with state Government ha ve been discussed. 3.2The guidelines recommended that the convenientsites will be identified so as to ensure maximum convenience to beneficia r ies. 3.3 Thestrategy adopted by the Government for the other urban ar eas in Mizoram is that there should be a t least one model night shelter home for shelterless men, women a nd children in each District headquarters in the State and ultimately to have overnight shelter for over 1,00,000 population. 4.Management Committee for Night Shelter: 4.1State Level Committee on Night Shelter:The Government shall constitute a State Level Committee on Night Shelter with the following composition: 1)Chief Secreta ry, Govt. of Mizoram:Chairman 2)Director General of P olice:Member Secretary 3)Principal Secretary/Commissioner/ Secretary, Socia l Welfare/ Law & Judicial/UD&PA Deptt.:Member 4)Chief Execu tive O fficer, AMC:Member 5)Director, Social Welfare/ Health Services/ UD&PA Deptt.:Member 6)All Deputy Commissioners:Member 7)President, CYMA/MUP/MHIP:Member 4.2Night Shelter Management Committee for Aizawl City 1)Chief Execu tive O fficer, AMC:Chairman 2)Secretary, AMC:Member Secretary 3)Deputy Commissioner, Aizawl:Member 4)Director, Social Welfare Deptt. GOM:Member 5)Director, UD&PA Deptt. GOM:Member 6)Director, Health Services, GOM:Member 7)Superintendent of Police:Member 8)Repr esenta tive fr om Loca l Councils:Member 4.3Night Shelter Management Committee for District Headquarters and ot her Ur b a n Areas: 1)Deputy Commissioner:Chairman 2)DSWO, Social Welfare Deptt.:Member Secretary 3)Superintendent of Police:Member 4)Chief Medical Officer:Member 5)DUDO, UD&PA Deptt.:Member 6)Addl. Deputy Commissioner:Member 7)Chief Judicia l Magist rate:Member 5.Management of Night Shelters: 5.1Night Shelters may either be directly managed by the Government Department or Agency under the supervision on Management Committee; it may also be managed through NGOs selected by the commit tee. 5.2In case where a Night Shelter is managed by an NGO, the Government will provide necessary recurring expenditure for management thr ough Ma nagement Commit tee. 6.Pr ovisions to be ma de ava ilable in the Night Shelter:- 6.1The intake capacity of each Night Shelter Homes as service provider should be of 20 nos. of shelterless persons. Accor dingly necessar y provision for such capacity should be made availa ble. 6.2The premises of Night Shelter should be well protected surrounded by boundar y walls. There must be signboard in front of the Night Shelter premises indicating the name of the Homes with address and phone number a long wit h its a ccommodation capacities. Sign board should also indicate that the Home is monitored by the Management Commit tee. 6.3Campus of Night Shelter Home should be properly secured and protected with boundar y wall with a provision of adequa te lighting. 6.4There will be a provision of kitchen with all required utensils in each & every Night Shelter Home to enable t he person/persons availing the benefit of Night Shelter Home to enable to cook food during the night so that they need not go out. However, meals may be provided to the inmates on cost basis. However no pr ofit is to be generated in t he meals provided. 6.5There will be provision for recreational facilities in ea ch and every Night Shelter. 7.Principles governing management of Night Shelter: 7.1Any kinds of Alcoholic beverages and intoxicating items should be strictly prohibited in the Temporary Night Shelter Home. 7.2Immediately after a rrival of the persons in need of Temporary Night Shelter, either lifted by the competent authority, their names a long wit h the a ddress, age, occupation etc. should b e entered in the register maint ained b y the In-charge of the Night Shelter Home during night hours. 7.3After necessary entry in the register, he/she should be given proper accommodation with basic facilities like bed and bed sheet with ma ttress, pillow, mosquito net, quilt or rug (in winter season), Provision for fan (in summer season) 7.4There must be sufficient provision for sa fe drinking wa ter in each and every Night Shelter H omes along with provision for hygienic latrine/urina l attached to the Night Shelter Homes where the persons in question are a ccommodated. T here should also be pr ovisions for r equired numbers of bucket (medium size), mug, and soap etc. along with first-aid facilities and fire extinguisher. Provision for taking a bath by the inmates during his/her stay in Home should also be made. 7.5In case of a sick person, consider ing the gravity of illness, there should be provision for shifting him/ her either to Government run Hospital or to the nearest hospital. T here should also be a n attendant who will accompany the person to the hospital. 7.6There must be sepa rate pr ovision for Ma le and F emale inmates in the Night S helter Homes a long with separate provision for children, with provision of watchman etc. 7.7Ar rival and depar tur e time with date, for persons in need of Tempora ry Night Shelter should inva riably record in the concerned register. Once accommodated in the Temporary Night Shelter- 3 -Ex-540/2014 Home, the person who avail the fa cilities, should not be allowed to leave the home in question without prior permission of the authority concerned of the Night Shelter Homes during night hours (7:00PM to 4:00AM). 7.8Accommodation (to such person in need of night s helter in Night Shelter Homes) will be provided, if he or she is of no criminal record/referred by Gover nment officials or by Government agency/ agencies, r eputed person etc.,/lifted by police, observing all required for malities. However, before accommodating the person in the Night Shelter H ome/Homes, immediately after arrival, he or she should be properly frisked and in case, any doubt or his/her belongings arise, action should be t aken accordingly as per law. 7.9Campus of Temporar y Night Shelter Home should invaria bly be non-smoking or tobacco free zone as per the rules of COTP Act 2006. 8.Conclusion & Suggestion: 8.1The guidelines emphasizes that preferences would be given to extremely vulnerable and marginalized sections in the society among the homeless population. In this regards, it ma y includeVeget able Vendors came from r ural ar eas to sell their vegetables on Satur day in t he markets who often slept insecurely at road sides/P avements in the street on Fr iday night in particulars. 8.2The Socia l Development Specialist/Officers will identify the convenientsitesso as to ensure maximum convenience to beneficia ries in consultation with the Local councils in ea ch selected sites. 8.3It must be noted to include that shelterless having any fixed duration of stay in the town, wit hout requirement of identity pr oof or other qualifica tion would be eligible to reside in the shelter. ANNEXURE Tentative List of Items Sl.no.ItemSizeQuality 1.Bed3ft x 7ft1st Class wood 2.Mattress3ft x 7ftBest Quality 3.Bed sheet (cotton)4ft x 7ftBest Quality 4.Mosquito net (cotton)3ft x 7ft x 4ftBest Quality 5.Blanket/Quilt4ft x 7ftBest Quality 6.PillowMedium sizeBest Quality 7.Bucket (Plastic)Medium size (16ltr)Best Quality 8.Mug (Plastic)11tr. CapacityBest Quality 9.Water filter/Aqua GuardBig sizeBest Quality 10.Washing MachineStandard S izeISI 11.InverterStandard S izeISI - 4 - Ex-540/2014Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram GazetteEXTRA ORDINARYPublished by AuthorityRNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 31.10.2014 Kartika 9, S.E. 1936, Issue No. 540NOTIFICATIONNo. C. 18015/2/2010-UD&PA, the 19th November, 2014. In pursuance of Hon’ble SupremeCourt order case WP(C) No. 196/2011/PUCL-vs-Union of India ‘Guidelines for setting up and Managementof Night Shelter for Urban Shelterless in Mizoram’ is hereby published for general information.R. Lalvena,Secretary to the Govt. of Mizoram,Urban Development & Poverty Alleviation Department.1.Introduction:1.1The ultimate goal of the National Housing and Habitat Policy 1998 is to ensure that the basic needto Shelter for all is fulfilled in a time bound manner and a better quality of life is provided to all thecitizens of the country by harnessing the unused potential in the public, private and the householdsectors. Till such time this goal is achieved, it is necessary to provide some kind of shelter to theabsolutely shelterless urban population including street children and destitute women in urgent needof shelter to protect themselves against the vagaries of nature throughout the yearso that no life islost in Mizoram due to absence of Night Shelter.1.2Those Guidelines provide a framework for construction and management of night shelters forprovision of a minimum of 25 square feet area for sleeping and storage per one shelterless personin the urban areas. The Government recognized the necessity to provide some kind of shelter to theshelterless urban population, including street children and destitute women in urgent need of shelter,to protect themselves against vagaries of nature all throughout the year. The Night Shelters shouldprovide common toilets and bath, kitchen in addition to sleeping purposes separately for men andwomen. There should be dormitories or halls with plain flooring for sleeping at night and for othersocial purposes during the day time such as health care, training for unemployed youth and for adulteducation programme.1.3The Hon’ble Supreme Court of India in its direction in IA No. 94 and 96 in WP(C) No. 196/2001-PUCL VS Union of India & Ors. and sequel to communication received from Standing CounselCorporate Law Group vide letter Dated: November, 15th 2010 and in subsequent order Dated: 16-12-2010, expressed deep anguish concerning deaths of homeless persons taken place during winter/rain affected areas of the country and failure to provide adequate protection to them. Immediatesteps are to be taken with direction to concerned authorities not to demolish any night shelterwithout providing proper alternate night shelter till further orders. - 2 - Ex-540/2014 2.Objective 2.1The objectives of such infrastructure is to ensure that no life is lost du e to absence of Temporary Night Shelter for the shelterless people during night hours in all s easons throughout the year and to ascertain that there is no loss of life for want of adequate and proper Night Shelter. 3.Strategy 3.1Government of Mizor am has taken necessary steps to ensu re that no life is lost in the absence of Night Shelters. These guidelines have been framed in line with t he direction of the Supreme Court. Accordingly, NGOs/Civil society’s organizations having land, building trained man power and other resources to manage night shelter home for shelter less people within Urban Area in partnership with state Government ha ve been discussed. 3.2The guidelines recommended that the convenientsites will be identified so as to ensure maximum convenience to beneficia r ies. 3.3 Thestrategy adopted by the Government for the other urban ar eas in Mizoram is that there should be a t least one model night shelter home for shelterless men, women a nd children in each District headquarters in the State and ultimately to have overnight shelter for over 1,00,000 population. 4.Management Committee for Night Shelter: 4.1State Level Committee on Night Shelter:The Government shall constitute a State Level Committee on Night Shelter with the following composition: 1)Chief Secreta ry, Govt. of Mizoram:Chairman 2)Director General of P olice:Member Secretary 3)Principal Secretary/Commissioner/ Secretary, Socia l Welfare/ Law & Judicial/UD&PA Deptt.:Member 4)Chief Execu tive O fficer, AMC:Member 5)Director, Social Welfare/ Health Services/ UD&PA Deptt.:Member 6)All Deputy Commissioners:Member 7)President, CYMA/MUP/MHIP:Member 4.2Night Shelter Management Committee for Aizawl City 1)Chief Execu tive O fficer, AMC:Chairman 2)Secretary, AMC:Member Secretary 3)Deputy Commissioner, Aizawl:Member 4)Director, Social Welfare Deptt. GOM:Member 5)Director, UD&PA Deptt. GOM:Member 6)Director, Health Services, GOM:Member 7)Superintendent of Police:Member 8)Repr esenta tive fr om Loca l Councils:Member 4.3Night Shelter Management Committee for District Headquarters and ot her Ur b a n Areas: 1)Deputy Commissioner:Chairman 2)DSWO, Social Welfare Deptt.:Member Secretary 3)Superintendent of Police:Member 4)Chief Medical Officer:Member 5)DUDO, UD&PA Deptt.:Member 6)Addl. Deputy Commissioner:Member 7)Chief Judicia l Magist rate:Member 5.Management of Night Shelters: 5.1Night Shelters may either be directly managed by the Government Department or Agency under the supervision on Management Committee; it may also be managed through NGOs selected by the commit tee. 5.2In case where a Night Shelter is managed by an NGO, the Government will provide necessary recurring expenditure for management thr ough Ma nagement Commit tee. 6.Pr ovisions to be ma de ava ilable in the Night Shelter:- 6.1The intake capacity of each Night Shelter Homes as service provider should be of 20 nos. of shelterless persons. Accor dingly necessar y provision for such capacity should be made availa ble. 6.2The premises of Night Shelter should be well protected surrounded by boundar y walls. There must be signboard in front of the Night Shelter premises indicating the name of the Homes with address and phone number a long wit h its a ccommodation capacities. Sign board should also indicate that the Home is monitored by the Management Commit tee. 6.3Campus of Night Shelter Home should be properly secured and protected with boundar y wall with a provision of adequa te lighting. 6.4There will be a provision of kitchen with all required utensils in each & every Night Shelter Home to enable t he person/persons availing the benefit of Night Shelter Home to enable to cook food during the night so that they need not go out. However, meals may be provided to the inmates on cost basis. However no pr ofit is to be generated in t he meals provided. 6.5There will be provision for recreational facilities in ea ch and every Night Shelter. 7.Principles governing management of Night Shelter: 7.1Any kinds of Alcoholic beverages and intoxicating items should be strictly prohibited in the Temporary Night Shelter Home. 7.2Immediately after a rrival of the persons in need of Temporary Night Shelter, either lifted by the competent authority, their names a long wit h the a ddress, age, occupation etc. should b e entered in the register maint ained b y the In-charge of the Night Shelter Home during night hours. 7.3After necessary entry in the register, he/she should be given proper accommodation with basic facilities like bed and bed sheet with ma ttress, pillow, mosquito net, quilt or rug (in winter season), Provision for fan (in summer season) 7.4There must be sufficient provision for sa fe drinking wa ter in each and every Night Shelter H omes along with provision for hygienic latrine/urina l attached to the Night Shelter Homes where the persons in question are a ccommodated. T here should also be pr ovisions for r equired numbers of bucket (medium size), mug, and soap etc. along with first-aid facilities and fire extinguisher. Provision for taking a bath by the inmates during his/her stay in Home should also be made. 7.5In case of a sick person, consider ing the gravity of illness, there should be provision for shifting him/ her either to Government run Hospital or to the nearest hospital. T here should also be a n attendant who will accompany the person to the hospital. 7.6There must be sepa rate pr ovision for Ma le and F emale inmates in the Night S helter Homes a long with separate provision for children, with provision of watchman etc. 7.7Ar rival and depar tur e time with date, for persons in need of Tempora ry Night Shelter should inva riably record in the concerned register. Once accommodated in the Temporary Night Shelter- 3 -Ex-540/2014 Home, the person who avail the fa cilities, should not be allowed to leave the home in question without prior permission of the authority concerned of the Night Shelter Homes during night hours (7:00PM to 4:00AM). 7.8Accommodation (to such person in need of night s helter in Night Shelter Homes) will be provided, if he or she is of no criminal record/referred by Gover nment officials or by Government agency/ agencies, r eputed person etc.,/lifted by police, observing all required for malities. However, before accommodating the person in the Night Shelter H ome/Homes, immediately after arrival, he or she should be properly frisked and in case, any doubt or his/her belongings arise, action should be t aken accordingly as per law. 7.9Campus of Temporar y Night Shelter Home should invaria bly be non-smoking or tobacco free zone as per the rules of COTP Act 2006. 8.Conclusion & Suggestion: 8.1The guidelines emphasizes that preferences would be given to extremely vulnerable and marginalized sections in the society among the homeless population. In this regards, it ma y includeVeget able Vendors came from r ural ar eas to sell their vegetables on Satur day in t he markets who often slept insecurely at road sides/P avements in the street on Fr iday night in particulars. 8.2The Socia l Development Specialist/Officers will identify the convenientsitesso as to ensure maximum convenience to beneficia ries in consultation with the Local councils in ea ch selected sites. 8.3It must be noted to include that shelterless having any fixed duration of stay in the town, wit hout requirement of identity pr oof or other qualifica tion would be eligible to reside in the shelter. ANNEXURE Tentative List of Items Sl.no.ItemSizeQuality 1.Bed3ft x 7ft1st Class wood 2.Mattress3ft x 7ftBest Quality 3.Bed sheet (cotton)4ft x 7ftBest Quality 4.Mosquito net (cotton)3ft x 7ft x 4ftBest Quality 5.Blanket/Quilt4ft x 7ftBest Quality 6.PillowMedium sizeBest Quality 7.Bucket (Plastic)Medium size (16ltr)Best Quality 8.Mug (Plastic)11tr. CapacityBest Quality 9.Water filter/Aqua GuardBig sizeBest Quality 10.Washing MachineStandard S izeISI 11.InverterStandard S izeISI - 4 - Ex-540/2014Published 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. 548 NOTIFICATION No. A. 28019/1/2012-HTE/271, the 20th November, 2014.A Selection Committ ee has been set up to select promotion/placement fr om Stage-3 to Stage-4 upwards under Career Advancement Scheme of UGC Regulations, 2010 vide Notification No. 28019/1/2012 dated 5th September, 2014. However, the first meeting of ‘S election Commit tee’ held on 13th November, 2014 felt that the API scored in PBAS need to be first screened by a body of experts so as to make the selection procedure more transparent and efficient. The Governor of Mizoram, is therefore, pleased to constitute a ‘Screening Committee’ with the following composition with immediate effect. This Screening Committee shall screen the Promotion/ Placement of all ca ses under CAS from Sta ge-3 of Stage-4 and above. 1.Director, H&TE- Chairman 2.Joint Director, H&TE (QAC)- Member Secretary 3.Principal Concerned- Member 4.2(two) subject exp erts nominated by Vice Chancellor, MZU - Member 5.Head of Department of the concerned in the college- Member K. Lal Nghinglova, Commr. & 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, Thursday 27.11.2014 Agrahayana 6, S.E. 1936, Issue No. 549 NOTIFICATION No.A. 12018/17/2013-P&AR (GSW)/Loose-I,the 24th November, 2014. In exer cise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following rules further to amend the Mizoram Health & F amily Welfare Department (Group ‘C post) Recruitment Rules, 1989 issued under Notification No.A.12018/45/80-APT (B)/Vol-I, Dt. 26.05.1989 and published in the Mizoram Gazette Vol.XVIII Extra-ordinary issue No.48 (A) dt. 26.5.1989 in respect of CSSD Technician, Health & Family Welfare Deptt.na mely: 1.Shor t title and(1) These Rules may be called theMizoram Health & Family Commencement -Welfare Department(Group ‘C post) Recruitment (Amendment) Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Amendment of AnnexureIn Annexure-I of the Principal Rules, for entries in columns 4 and 8, the following sha ll be substituted, namely:- “ (i) Column 4- PB - 1: ^ 5200-20200 + ^ 2800 GP ( ii ) Column8- l) HSLC or equivalent with 6(six) months training in CSSD Technician course from recognized institute. 2) Working knowledge of Mizo language at least Middle School Standard” By order s etc. B. Zahmuaka, Joint Secretary to the Govt. of Mizoram, Depa rtment of Personnel & Administrative 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, Tuesday 16.12.2014 Agrahayana 25, S.E. 1936, Issue No. 567 NOTIFICATION No.H. 12018/28/98-LJD, the 4th December, 2014. The following Act is hereby re-published for general information. The Lushai Hills District (Village Councils)(Amendment) Act, 2014 (Act No. 10 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. THE LUSHAI HILLS DISTRICT (VILLAGE COUNCILS) (AMENDMENT) ACT, 2014 ACT NO. 10OF 2014 AN ACT further to amend The Lushai Hills District (Village Councils) Act, 1953. Wher eas it is expedient further to amend The Lushai Hills District (Village Councils) Act, 1953 (Act No. 5 of 1953) (hereinafter referred to as the Principal Act). It is enact ed by the Legislative Assembly of t he State of Mizor am in the sixty fifth year of the Republic of India as follows, namely :-1 . Short title and commencement. 1)This Act may be called The Lushai Hills District (Village Councils) (Amendment) Act, 2014. 2)It shall come into force from the date of its publication in Mizoram Gazette. 2 . Amendment of Section 2. In S ection 2 of the Principal Act , after clause 20, the following new clauses shall be added, namely:- - 2 - Ex-567/2014 (21) “Gram Sabha” (Village Assembly) means a body consisting of persons registered in the Electoral Rolls relating to the Village Council. (22) “Sta te Election Commission” means the Sta te Election Commission referred to in Section 345 of the Mizoram Municipalities Act, 2007. (23) “Community Assets” means any property or income which by custom belongs to or has been administered for the benefit of the villagers in common, or has been created through contribution of voluntary labour by the villagers, or has been created by the State Government”.3 . Amendment of Section 3. (1) Clauses (i) (ii) (iii) & (iv) of sub-section (2) of Section 3 of the Principal Act, shall be substituted by the following clauses namely: - “(i) For Village not exceeding 200 households, there shall be 3 (t hree) elected members, of whom l (one) shall be woman. (ii) For Village with more than 200 households, but not exceeding 50 0 households, there shall be 5 (five) members, of whom 1 (one) shall be woman. (iii) For Village with more than 500 households, but not exceeding 1000 households, there sha ll be 7 (seven) elected members , of whom 2 (t wo) sha ll be women. (iv) For Village with more tha n 1000 households and above, there shall be 9 (nine) elected members, of whom 3 (three) shall be women”. (2) After the pr oviso, a new pr oviso shall be added as follows, namely:- “Provided further t hat the process of election for cons titution of the Village Councils shall be completed before the expiry of one year from the date fixed for the first meeting of the Village Council”. 4 . After sub-s ection (6) of S ection 3 of the Principal Act, the following sub-section s hall be added, namely :- “(7) The superintendence, direction and control of the preparation of electora l rolls for and the conduct of elections to the Village Council shall vest in the State Election Commission”. 5 . Amendment of Section 4. In S ection 4 of the Principal Act , after clause (f), a new cla use (g) with Explanation shall be added, namely:- “(g) He holds any office of profit under the Central Government or the State Government. Explanation: In this clause, “office of profit” means a regular payment made in the form of Salar y or wages”. 6 . Amendment of Section 5. Section 5 of the P rincipal Act, shall be substituted by the following, namely :- “Every Village Cou ncil, unless sooner dissolved under the provision of section 25 of this Act shall continue for 5 (five) years from the date appointed for its fir st meeting. Provided that the State Government may, by order, extend or shorten the life of a Village Council for such periods not exceeding eighteen months in the aggregate. Provided fu rther that the process of election to a Village Council sha ll be completed before the term of the Councils comes to an end”. 7. Amendment of Section 6. In sub-section (3) of section 6 of the Pr incipal Act, the word “ten” t hat appears in sub-section 3 shall be substituted by the word “three”. 8 . Amendment of Section 7. In Section 7 of the Principal Act, (1) First paragraph shall be substituted by the following, namely. :- “Executive- There shall be a President, a Vice President, a Treasurer and a Secretary in each Village Council a nd the executive functions of the Village Council shall be vested in these four. Provided that if a Village Council having 3 (three) seats ha s only two members due to any reasons, the Vice President shall hold the post of Treasur er”. (2) In sub-section 2, the lines “on the advice of the President of the Village Council” shall be substituted by “on the recommendation of t he executive body of the Villa ge Council”. (3) In s ub-sect ion 7, after t he last sentence, a new sentence “The State Government shall dec la re the seat as vacant” shall be added. (4) After sub-s ection (10), the following new sub-s ections (11) a nd (12) shall be added, namely:- “(11) If the President ha s lost the support of the majority of members, and if a report is received in writ ing by the Sta te Government, a meeting of Village Council shall be convened by the officer appointed by the State Government to elect a new President. The officer appointed by the State Government shall serve a notice of such meeting specifying the date and time and place thereof and send a copy of notice to the State Government. Such meeting shall be presided over by any officia ls appointed by the State Government. The report on election of the new President shall be sent to the State Gover nment without delay. (12) If the major ity of members demand re- shuffle of the executive body of the Village Council and if such report is received in writing by the State Government for reshuffle of the executive body, the same procedure a s per sub-section (11) of section 7 shall be applied”. 9 . Amendment of Section 8. After sub-s ection (3) of S ection 8 of the Principal Act , the following new s ub-sections (4) and (5) shall be added, namely:- “(4) The Village Council shall be accountable to the Gram S abha for all its funct ions and decis ions taken in it s meetings. (5) Every Villa ge Council shall prepa re a report in respect of its administration in such form and with such details a s may b e prescribed and such repor t sha ll be submit ted twice in a yea r to the State Government. If the report is not submitted, the State Government may withhold the payment of grants and r emunera tions due to t he Village Councils thereaft er”. 10. Insertion of new Section 8 A. After Section 8 of the Pr incipal Act, a new Section 8A shall be inserted as follows, namely:- “8A. The Village Council shall have the following powers and duties: (1) To formulate villa ge development schemes, to supervise development works received from the State Government through various agencies. (2) To help var ious Government agencies in carrying out development wor ks in the village. (3) To take up development works on its own initiative or on request by the Government. (4) To convene r egula r social audit for successful implementation of development works in the village. (5) To collect property tax as prescribed by the State Government. (6) To r ealize registra tion fees for each litigation within its jurisdict ion. (7) To raise fu nd for public u tility within its jurisdiction by pa ssing a resolu tion subject to the approval of t he State Government. (8) To a dminister relief and rehabilitation to the people during calamities. (9) To assist the State Government in public distribution system. (10) To initiate or assist the State Government in all preventive measures on the outbreak of an epidemic or infectious disease.- 3 -Ex-567/2014 (11) To co-operate with Government officials in charge of any of the above functions within its jurisdiction”. 11. Insertion of new Section 11 A. After Section 11 of the Principal Act, a new section 11A shall be inserted, namely:- “11 A. Gram Sabha (Village Assembly): (1) Every Gram Sabha shall: (i)approve the annual plans, programmes and pr ojects for social and economic development in resp ect of the village concerned before such plans, pr ogra mmes and projects are taken up for implementation. (ii) be r esponsible for the identifica tion or selection of persons as beneficiaries under the poverty alleviation and other programmes. (2) Ordinarily a Gram S abha will be convened and presided over by the President of the Village Council. (3) Quorum of a Gram Sabha shall be 10% of the registered voters of latest electoral roll of the Village Council. (4) Every Gram Sabha shall be responsible to safegua rd and preserve community assets. (5) The Gram Sa bha and the Village Council shall be consult ed before making reset tlement and rehabilitation of persons affected. (6) There shall be at least 3 (three) Gram Sabha meetings in a year”. 12. Amendment of Section 12. In section 12 of the Principal Act, the existing section shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered the following sub-section (2) shall be inserted, namely:- “(2) There shall be at least 6 (six) Village Council meetings a t regular intervals in a calendar year. Resolutions made in such meetings shall be properly recorded and shall be signed both by the President a nd the Secreta ry”.13. Amendment of Section 16. In sub-section (2) of section 16 of the Principal Act, the word “Deputy Commissioner” shall be substituted by “the State Government” After sub-s ection 4 of Section 16 of the Principal Act , the following new sub-sections (5) and (6) shall be added as follows namely:- “(5) The President shall be responsible to pass on the letters received by him to the Village Cou ncil Secretary for records. (6) He s ha ll fully r elinquish Villa ge C ouncil charge a nd hand over Village Council r ecor ds, docu ment s, properties and assets including Village Council seal to the new Village Council President as the case may be”. 14. Insertion of new Section 17A. After Section 17 of the Pr incipal Act, the following new section 17A shall be inserted, namely:- “17A-Treasurer: The Treasurer of a Villa ge Council shall keep all money of t he Village Council and properly mainta in cash book and register as p rescribed by the State Government. In the event of the Treasurer ceasing t o function for any reason he shall forthwith hand over the charge of Treasurer to the newly appointed Treasur er or a ny other person authorized b y the State Government”.- 4 - Ex-567/2014 15. Amendment of Section l8. (1) Clause (d) of section 18 of the Princip al Act, shall be substituted by the following namely:- “All the books and records shall be kept ready to be examined at any time by author ized officers of the State Government or any member of the Village Council”. (2) After clause (d), new clauses (e) and (f) shall be added as follows:- “(e) He shall keep all village sta tistica l data within the Villa ge Council jur isdiction as may be prescribed by the Sta te Government including data on beneficiaries under var ious schemes selected fr om the village and submit the report to the State Government as ma y be required. (f) He shall continue as S ecretar y of the Villa ge Council if the Village Council ca nnot perform its duties due to a ny reasons”. 16. Amendment of Section 25. In sub-section (1) of Section 25 of the Principa l Act, the following paragra phs shall be added, namely:- “Provided that no such dissolution shall take place unless the Villa ge Council has been given reasonable opportunity to explain as to why it should not be dissolved. If the situation demands, the Sta te Government may, dur ing the enquir y on the compla ints suspend the funct ioning of the Village Council during which the administration of such Village Council shall be exercised by a Government official appointed by the State Government”. 17. In sub-section (2) of Section 26 of the Principal Act, the following clauses shall be added, namely:- “(a) In case any Sub-Village or Thlawhbawk other than the Sub-Villa ge or T hlawhbawk set up by the State Government under sub-section (1) is established and if the Sta te Government is of the opinion that a situation has a risen demanding stoppage or closing of any Sub-Village or Thla whbawk or any sort of settlement at any place, the State Government ma y issue notice for eviction to vacate the site or location or place on such person or persons individually to va cate the place within a period of one month from the date of such notice is served upon such person or p ersons, as the case may be. (b) On failure to vacate within a fixed time in the notice, the State Government may impose a fine which may extend to Rs. 100/- per day to each person or family s o long as the unauthor ized occupation continues. (c ) In such case or ca ses where the unauthor ized occupation continues, the State Government may issue order to demolish or dismantle the building for the purpose of evicting unauthor ized occupation fr om the site”.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100- 5 -Ex-567/2014

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. 569 NOTIFICATIONNo. H. 12017/130/2014-LJD, the 4th December, 2014.The following Act is hereby re-published for general information. The Mizoram Lokayukta Act, 2014 (Act No. 11 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. 11 of 2014 THE MIZORAM LOKAYUKTA ACT, 2014 An Act to provide for the establishment of a body of Lokayukta for the State of Mizoram to inquire into allegations of corruption aga inst cer tain pu blic functionar ies and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India established a Democr atic Republic to ensur e justice for all; WHEREAS the Government’s commitment to clean and responsive governance has to be reflected in effective bodies to cont ain and punish acts of corruption; NOW, THEREF ORE, it is expedient to enact a law to provide for prompt and fair investigation and prosecution in cases of corruption. It is enact ed by the Mizor am Legislative Assembly in the Sixty-fifth Year of the Republic of India as follows, namely :— - 2 - Ex-569/2014 CHAPTER –I PRELIMINARY1 . Short Title, extent and commencement (1) This Act may be called the Mizoram Lokayukta Act, 2014. (2) It extends to the whole of Mizor am.. (3) It shall come into force on such date a s the Government may, by not ification in the Official Gazette, appoint. 2. DEFINITIONS:(1) In this Act unles s the context other wis e r equir es,— ( a) “Action”means any action including administrative action taken by way of decision, recommendation or finding or in any other manner and includes wilful failure or omission to act and all other expr essions relating to su ch action shall be construed a ccordingly. (b) “Bench” means a Bench of the Lokayukta; ( c) “Cha irperson” means the Cha irperson of the Lokayukta; ( d) “Competent a uthorit y”, in relation to— (i) the Chief Minister, means the Governor of Mizoram; (ii) a memb er of t he C ou ncil of M inist er s a nd P a r lia ment a r y S ecr et a r ies mea ns t he C hief M in i s t er ; (iii) a member of State Legisla ture ot her than a Minister means t he Spea ker ; (iv) an officer in the Department of the State Government means the Minister in charge of the Department under which such 0fficer is serving; (v) a chairperson or members of any body, or Board or cor poration or authority or company or society or autonomous body (by whatever name called) establis hed or constituted under an Act of Parliament or of a State Legislature or wholly or partly financed by the Government of Mizora m or cont rolled by it, means the Minis ter in charge of the administr ative Department of such body, or Boar d or cor poration or authority or company or society or autonomous body; ( vi) an officer of any body or Board or corpora tion or authority or company or society or autonomous body (by whatever name called) established or constituted under a n Act of Parlia ment or of a Sta te Legislature or wholly or partly financed by the State Government or controlled by it, means the head of such body or Board or corporation or authority or company or society or autonomous body; ( e) “Complaint” means a complaint, in a pla in paper alleging tha t a public servant ha s committed an offence p unishable under the Pr evention of Corruption Act, 1988; (f) “Cor ruption” includes anything made punishable under Prevention of Corr uption Act, 1988 or under the Indian Penal Code (Act 45 of 1860 ) (g) “Government” means the Government of Mizoram (h) “Investigation” means an investigation defined under clause ( h) of section 2 of the Code of Criminal Procedure, 1973; ( i) “Judicial Member” means a Judicial Member of the Lokayukta appointed as such; ( j) “Lokayukta” means the body establis hed under section 3; ( k) “Member” means a Member of the Lokayukta; ( l) “Minister” means Minister of the State Government of Mizoram but does not include the C hief Minister; ( m) “Notification” means notification published in t he Official Ga zette a nd the expression “notify” shall be construed accordingly; (n) “Preliminary inquir y” means an inquiry conducted under this Act by the Lokayukta before proper investigation; (o) “Prescribed” means prescribed by rules made under this Act; (p) “Public servant” means a person defined a s such in the Prevention of Corruption Act, 1988; but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950, the Air Force Act, 1950, the Navy Act, 1957 and the Coast Guard Act, 1978; (q) “Rules” means rules made under this Act; (r ) “Regulations” means regula tions made under this Act; (s) “Schedule” means a schedule appended t o this Act; (t ) “Search Committee” means a body of persons constituted under sub-section (3) of section 4 of this Act. (u) “Special Court” means the court of a Special Judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act, 1988; (v) “Sta te” means the State of Mizoram or any other State; ( w) “Whistleblower” means any person who pr ovides factual informa tion with substance about corr uption in a public authority or is a witness or victim in a case of corruption b efore the Lokayukta or who faces the threat of(i) Professiona l harm, including but not limited to illegitimate transfer, denial of promotion, denial of a ppropriate perquisites, depa rtmental proceedings, discrimination, or (ii) physical harm, or (iii) is a ctually subject ed to a ny harm; because of either ma king a complaint to the Lokayukta under this Act, or by any other legal action aimed at preventing or exposing corruption. (2) The words a nd expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988 and the Indian Penal Code shall have the meanings respectively assigned to them in that Act. CHAPTER -II ESTABLISHMENT OF LOKAYUKTA3 . Body of Lokayukta: ( 1) As from the commencement of this Act, there shall be established in the State of Mizoram, by notification in the Official Gazette, a body to be called the “ Lokayukta” who would have administrative, fina ncial and functional independence fr om the government. ( 2) The Lokayukta shall consist of— ( a) a Chairperson, who is or has been a Chief Justice of the High Court or a Judge of the High Court or a person qua lified to be a High Court Judge or a person who fulfils the eligibility specified in clause (a) or ( b) of sub-section ( 3) of this section; and ( b) such number of members, not exceeding thr ee including the Chair person, out of whom one shall be Judicial Member: ( 3) A person shall be eligible to be appointed,— ( a) as a Judicial Member if such person (i) is qualified to be a High Court Judge, or (ii) has a vast knowledge of la w and experience in judicial matters or cou rts; (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity, outstanding ability having specia l knowledge and expertise of not less than twenty years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, la w, and management; (c ) A person appointed as chair person or member of Lokayukta shall, before entering upon his office, make a nd subscribe before the Governor, an oath or affir mation in the form as prescribed/ set out in t he S chedule. ( 4) The Chairperson or a Member sha ll not be— (i) a member of Parlia ment or a member of the Legislature of any State or Union territ ory; (ii) a person convicted of any offence involving mora l turpit ude; (iii) a member of any Autonomous District Council, Villa ge Council or Municipality; (iv) a person who has been removed or dismissed from service of the Union or a State, and shall not hold any office of trust or pr ofit (ot her tha n his/her office as the Chair person or a Member hereof) - 3 -Ex-569/2014 or been affiliated with any political party or carry on any business or practice any profession and accordingly, before he/she enters upon his office, a person a ppointed as the Chairperson or a Member, as the case may be, shall, if— (a) he holds any office of trust or pr ofit, r esign from such office; or ( b) he is carrying on any business, sever his connection with the condu ct and management of such business; or ( c) he is practicing any profession, cease to practice such profession. 4 . Constitution of Selection and Search Committee: ( 1) T he Chairperson and Members shall be appointed by the Governor after obtaining the recommendations of a Selection Committee consisting of— ( a) the Chief Minister—Chair man; (b) the Speaker of the Legisla t ive Assembly—Member; ( c) the Leader of Opposition or Leader of Opposition Group in the Legislative Assembly—Member; ( d) the Chief Justice of the Gauhati High Court or a ny Judge nomina ted by him __Member ( 2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in t he Selection Commit tee. ( 3) The Selection Committee shall for the pur poses of selecting the Chairperson and Members of the Lokayukta and for prepa ring a panel of persons to be considered for appoint ment as such, constitute a Sear ch Committee consisting of at least five persons having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law, a nd management, or in any other matter which, in the opinion of the S election Commit tee, may be useful in ma king selection of the Chairperson and Members of the Lokayukta. Provided that not less tha n fifty percent of the Members of t he Sear ch Committee shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backwa rd Classes, Minorities and women as the case may be ; ( 4) The Selection Committee shall follow the procedure pr escribed in the Rules for selecting the Chairperson and Members of the Lokayukta. (5) The term of the Search Committee referred to in sub-section ( 3), the fees a nd a llowances paya ble to its members and the manner of selection of pa nel of names shall be such as may be prescribed. 5 . Appointment of Chairperson and Members: The Governor shall take or cause to be taken all necessary steps for the appointment of a new Cha irperson a nd Members at least three months before the expiry of the term of s uch C hairperson or Member, as the case may be, in a ccordance with the procedure laid down under this Act. 6 . Term of the Chairperson and Members: The Chairperson and every Member shall, on the recommendations of the Selection Committee, be appointed by the Governor by warr ant under his hand and seal a nd hold office as such for a term of five year s or till attaining the age of 70 year s whichever is earlier from the date on which he enters upon his office ; Provided that he may— ( a) by writing under his hand address ed to the Gover nor, resign his office; or ( b) be r emoved from his office in the manner provided under this Act. 7 . Salary and Allowances of Chairperson and Members: The salary, allowa nces and other conditions of service of— ( i) the Chairperson sha ll be the same as those of the Chief Justice of the High Court; ( ii) other Members shall be the same as those of a Judge of the High Court:- 4 - Ex-569/2014 Provided tha t if the Chairperson or a Member is, at the time of his/her appoint ment, in receipt of pension (other tha n disability pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of service as the Chairperson or, as the case may be, as a Member, be redu ced— (a) by the amount of that pension; and ( b) if he has, before s uch appointment, received, in lieu of a por tion of the pension due to him in resp ect of such pr evious service, the commuted value thereof, by the amount of tha t portion of t he pension: Provided fu rther that the salary, allowances a nd pension paya ble to, and other conditions of service of the Chairperson or a Member shall not be var ied to his disadvanta ge after his a ppointment. 8 . Chairperson and Members –Bar from re-employment: ( 1) On ceasing to hold office, the Cha irperson and every Member shall be ineligible for— ( i) re-a ppointment as the Cha irperson or a Member of the Lokayukta; ( ii) any diplomatic assignment, appoint ment as adminis trator of a Union territory and such other assignment or appointment which is requir ed by law to be made by the Governor by war rant under his hand and seal; ( iii) further employment to any other office of profit under the Government of India or the Gover nment of a State; ( iv) cont esting any election of President or Vice Pr esident or Member of either House of Parlia ment or Member of a Sta te Legislature or Autonomous District Council or Municipality or Village Council or Panchayat within a period of five years from the date of relinquishing the post. ( 2) Notwithstanding anything contained in sub-section ( 1), a Member shall be eligible to be appointed as a Chairperson, if his total tenure as Member a nd Chair person does not exceed five years. Explanation .— For the purposes of this section, it is hereby clarified that where the Member is appointed a s the Chairperson, his/her term of office shall not be more than five years in aggregate as the Member and the Chairperson. 9 . Member taking Charge of Chairperson: ( 1) In t he event of occurrence of any vacancy in the office of the Chairperson b y reason of his /her death, resignation or otherwise, the Governor may, by notification, authorize the senior-most Member to act as the Chair person until the appointment of a new Chairperson to fill such vaca ncy. ( 2) When the Cha irperson is unable to dischar ge his/her functions owing to absence on leave or otherwise, the senior-most Member availa ble, as the Governor may, by notification, authorize in this behalf, shall discha rge the functions of the Chairperson until the date on which the Chairperson resumes his/her duties. 10 . Appointment of S ecret ar y to the Loka yukta , Dir ector of Inquir y a nd P r osecution, Officers and Staff of Lokayukta: ( 1) There shall be a S ecretar y to the Lokayukta in the rank of Secretary to the State Government, who shall be appointed by the Cha irperson from a panel of names sent by the Government. (2) There shall be a Director of Inquiry and Prosecution not below the rank of the Additional Secr etary to the State Government or equivalent, who sha ll be a ppointed by the Lokayukta. ( 3) The appoint ment of officers and staff of the Lokayukta shall be made by the Lokayukta. Provided that the Governor may by rule require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consulta tion with the State Public Service Commission. ( 4) Subject to the provisions of any law made by the State Legislature, the conditions of service of secr etary and other officers and staff of the Lokayukta shall be such as may b e specified by regulations made by the Lokayukta for the purpose: Provided that the regulations ma de under this sub-section shall, so far as they relate to salar ies, allowances, leave or pensions, require the approval of t he Gover nor.- 5 -Ex-569/2014 CHAPTER- III CONSTITUTION OF DIRECTORATE OF INQUIRY/ INVESTIGATION ANDPROSECUTION11. Constitution of Directorate: (1) The Lokayukta shall, by notification, cons titute Directorate of Inquiry/ Invest igation and Prosecution headed by the Director for the purpose of prosecution of public servants in relation to any complaint before the Lokayukta under this Act: Provided tha t till such time the Directora te is constituted by the Loka yukta, the State Government shall make available such number of officers and other staff fr om such of its Departments including Anti Corr uption Bureau (ACB) as may be required by the Lokayukta, for condu cting prosecution under this Act. ( 2) The Director shall, after having been s o directed by the Loka yukta, file a case in accordance with the findings of the investigation r eport, before the Special Cour t. All necessa ry steps shall be taken by the Public Prosecutor appointed by Lokayukta for Prosecution of the offence punishable under the Prevention of Corruption Act, 1988. ( 3) The report referred to under sub-section ( 2) shall be deemed to be a r eport, filed on completion of investigation, referred to in section 173 of the C ode of Criminal Procedure, 1 973. ( 4) For the purposes of assisting the Lokayukta in conducting a preliminary inquiry or investigation under this Act, the officers of this Directorate shall have the same powers as are conferred upon the Loka yukta under section 27of this Act. CHAPTER –IV EXPENSES OF LOKAYUKTA12. Expenses of Lokayukta The administr ative expenses of the Lokayukta, including all salaries, allowances and pensions payable to or in respect of the C hairperson, Members or secretary or other officers or staff of the Lokayukta, shall be charged upon the Consolidated Fund of the State and any fees or other moneys taken by the Lokayukta shall form part of that F und. CHAPTER –V JURISDICTION IN RESPECT OF INQUIRY13 . Jurisdiction in respect of Inquir y: ( 1) Subject to the other provisions of thisAct, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter pertaining to or arising from, or connected with, any allegation of corruption made in a complaint or in a case initiated on its own motion in resp ect of the following, namely:— ( a) a ny person who is or had been a Chief Minister, S peaker or Depu ty Speaker; ( b) any other person who is or had been a Minister of the State; ( c) any person who is or had been a Member of the State Legislature; ( d) all officers and employees of the State, from a mongst the public servants defined in sub-clauses ( i) and ( ii) of clause ( c) of section 2 of t he Prevention of Corruption Act, 1988 when serving or who had served, in connection with the affairs of the State; ( e) all officers and employees referr ed to in clause ( d) or equivalent in any body or Boar d or corporation or authority or company or society or trust or autonomous body (by whatever name called) esta blished by an Act of P arliament or of a State Legislature or wholly or pa rtly financed b y the State Government or cont rolled by it when ser ving or who had been such officer or employee. ( f) any person who is or has been a director, mana ger, secretary or other officer of every other society or associa tion of persons or tr ust (whether registered under any la w for the time being in force or not), by wha tever name called, wholly or partly financed or aided by t he State Government and the annual income of which exceeds such amount as the State Government may, by notification, specify;- 6 - Ex-569/2014 (g) any person who is or has been a director, mana ger, secretary or other officer of every other society or associa tion of persons or tr ust (whether registered under any la w for the time being in force or not) in receipt of any donation fr om the public a nd the annual income of which exceeds such a mount as the State Government may by notification specify or from any foreign sour ce under the F oreign C ontribution (Regulation) Act, 2010 in excess of ten lakhs r upees in a year or such higher amount a s the Central Government may, by notification, specify; Explana tion. — F or t he p u r p os e of cla u s es ( f) a nd ( g), it is hereby clarified tha t any entity or institution, by whatever name ca lled, corporate, society, tr ust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under a ny law for the time being in force or not), shall be the entities covered in those clauses: Provided that any person r eferred to in t his cla use sha ll be deemed to be a public servant under clause ( c) of section 2 of the Prevention of Cor ruption Act, 1988 and the pr ovisions of that Act shall a pply accordingly. ( 2) Notwithstanding anything contained in sub-section ( 1), the Loka yukta shall not inquire into any matter pertaining to or a rising from, or connected with, any such allegation of cor ruption against any Member of t he State Legislature in resp ect of anything said or a vote given by him in the State Legisla ture or any committee thereof covered under the provisions contained in clause ( 2) of article 194 of the Constitution. ( 3) The Lokayukta may inquire into any act or conduct of any per son other than those referred to in su b-section ( 1), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of cor ruption under the Prevention of Corr uption Act, 1988 against a person referred to in sub-section ( 1): Provided that no prosecution under this Act shall be initiated against the person serving under the Central Government without obtaining approval from competent authority of C entral Government. ( 4) No matter in respect of which a complaint has been made to the Lokayukta under this Act shall be referred for inquiry under the Commissions of Inquiry Act, 1952. Explanation .—For the r emoval of doubts, it is hereby declar ed that a complaint under this Act shall only relate to a period during which the public servant was holding or serving in tha t capacity. 14. Pending cases: Any matter or proceeding relating to allegation of cor ruption under the Prevention of Corr uption Act, 1988 pending before any agency or authority prior to commencement of this Act shall stand tr ansferred to the Lokayukta except ing cases pending befor e the court. 15. Constitution of Bench: ( 1) Subject to t he provisions of this Act, — ( a) the jurisdiction of the Lokayukta may be exercised by benches thereof; ( b) a bench may be constituted by the Chairperson consisting of such number of Members as the Chair person may deem fit; ( c) where a bench consists of the Chairperson, such bench shall be presided over by the Chairperson; ( d) where a bench consists of a Judicial Member, and a non-Judicial Member, not being the Chairperson, such bench shall be presided over by the member who is senior to the other; ( e) the benches of the Lokayukta shall ordinar ily sit at Aiza wl and at such other places as the Loka yukta may decide. ( 2) Notwithstanding anything contained in sub-section ( 1), the Chairperson shall have the power to cons titute or reconstitute benches from t ime to t ime. ( 3) If a t any s tage of the hearing of any ca se or matter it appears to the Chair person or a Member that the ca se or ma tter is of such natur e that it ought to be heard by a bench consisting of all t he Members, the case or matter may be transferred by the Cha irperson or, as the case may be, referred to him for transfer, to such bench a s the Chairperson ma y deem fit.- 7 -Ex-569/2014 16. Distribution of Business: Where benches are constituted, the Chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Lokayukta amongst the benches and also provide for the matters which may be dealt with by each bench. 17. Transfer of pending case: On a n application for tra nsfer made by the complainant or the public servant, the Chairperson, a fter giving an opportunity of being heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other bench. 18. Reference to Cha irperson: If the Members of a bench consisting of a n even number of Members differ in opinion on any point, they shall state the point or points on which t hey differ, and make a refer ence to the Cha irperson who shall either hear the point or points himself a nd such point or point s shall be decided by him. C HAPTER -VI PROCEDURE IN RESPECT OF PRELIMINARY AND INVESTIGATION19. Procedure in respect of Preliminary Inquiry and Investigation: (1) The Lokayukta shall, on its own motion or on r eceipt of a complaint , first decide whether to proceed in the matter or close the same and if the Lokayukta decides to proceed fu rther, it shall order the preliminary inquiry against any public servant b y its Inquiry Wing or any agency (including any special investigation agency) to ascertain whether there exists a prima facie case for proceeding in the matter. ( 2) During the preliminary inquiry referred to in sub section ( 1), the Inquir y Wing or any agency shall conduct a preliminar y inquiry and on the basis of material, information and documents collected, submit within 45(forty five) days from the date of receipt of the reference, a repor t to the Lokayukta. ( 3) A bench consisting of at least two Members of the Lokayukta sha ll consider every report received under sub-section ( 2) fr om the Inquiry Wing or any agency a nd after giving an opportunity of b eing hea r d to the public serva nt, decide as t o whether ther e exists a prima facie case, and make recommendations to proceed with one or more of the following actions, namely:— ( a) investigation by any agency (including a ny special investigation agency); ( b) any appropr iate act ion aga inst the concerned public servants by the competent author ity; ( c) closure of the proceedings against the public servant. ( 4) Every preliminary inquiry referred to in su b-section ( 1) shall ordinarily be completed within a period of 45 (forty five)days fr om the date of receipt of the compla int. ( 5) In case the Lokayukta decides to proceed to investigate into the complaint, it shall direct any investigation agency (including any special agency) to carry out the investiga tion as expeditiously as possible and complete the investiga tion within a period of six months from the date of its or der: Provided that the Lokayukta may extend the said period by a further period not exceeding three months at a time for the r easons to be r ecorded in writ ing. ( 6) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any investigation agency (including any special agency) sha ll, in respect of cases referred to it by the Loka yukta, submit the investigation repor t to the Lokayukta. ( 7) A bench consisting of at least two Members of the Lokayukta sha ll consider every report received by it under sub-section ( 6) fr om any investigation agency (including any specia l agency) and may, decide as to— ( a) file charge-sheet or closure report before the Special Court against the public servant; ( b) any appropr iate act ion aga inst the concerned public servants by the competent author ity. ( 8) The Lokayukta may, after taking a decision under sub-section ( 7) on the filing of the chargesheet, direct –- 8 - Ex-569/2014 (a) its prosecution Wing to initiate prosecution in the Special Court in respect of the cases investigated by t he investigation agency (including any special agency); or ( b) any ot her a gency in respect of the ca ses investigated by such agency on the direction of Loka yukta to obtain its a pproval and thereafter initia te prosecution in the Special Court and for ward a copy of charge-sheet filed by it under this clause to the Lokayukta for the purposes of superintendence . ( 9) The Lokayukta may, during the preliminary inquiry or the investigation, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation, as it deems fit. ( 10 ) The Lokayukta may retain the original r ecords and evidences, which are likely to be required in t he process of p relimina ry inquiry or investigation or conduct of a case by it or by the Special Court. ( 11 ) Save as otherwise provided, the ma nner and procedure of conducting a preliminar y inquir y or investigation (including such ma terial and documents to be made available to the public servant) under this Act, shall b e such as may be specified by regulations. 20. Inquiry into the conduct of person other than the accused: If, at any stage of the proceeding, the Lokayukta— ( a) cons iders it necessary to inquire into the conduct of any person other than the accused; or ( b) is of opinion that the reputation of any person other than a n accused is likely to be pr ejudicially affected by the preliminar y inquir y, the Lokayukta shall give to that person a reasonable opportunit y of being heard in the preliminary inquiry a nd to produce evidence in his defence, cons istent with the principles of natural justice. 21. Furnishing of Information and Documents: Subject to the provisions of this Act, for the purpose of any preliminary inquiry or investigation, the Loka yukta or the investigating authority, as the case ma y be, ma y require any public servant or any other person who, in its opinion, is able to furnish informa tion or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such document. 22. Sanction not necessary: ( 1) No sanction or appr oval of any authority shall be requir ed by the Lokayukta for conducting investigation by any agency in respect of the ca ses investigated by such agency on the direction of the Loka yukta, under section 197 of t he Code of Criminal Pr ocedure, 1973 or section 19 of the Pr evention of Corruption Act, 1988, as the case may be, for the purpose of making prelimina ry inquiry by the Inquir y Wing or investigation by any agency into any complaint against any public servant or for filing of any charge sheet or closure report on completion of investigation in respect thereof before the Special Court under this Act. ( 2) A Special Court may, notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corr uption Act, 1988, on filing of a charge sheet on completion of investigation, by the Loka yukta or any officer a uthorised by it in this behalf, take cognizance of offence committed by a ny public servant. ( 3) Nothing contained in sub-sections ( 1) and ( 2) shall apply in respect of the persons holding the office in pursuance of the provisions of the Constitution and in respect of which a procedure for remova l of such person ha s been specif ied ther ein. ( 4) The provisions contained in sub-sections ( 1), ( 2) and ( 3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause ( c) of clause ( 3) of Article 320 of the Constitution. 23 . Filing of Ca se: Wher e after the conclusion of the investigation by any agency, the findings of the Lokayukta disclose the commission of a n offence under the Pr evention of Cor ruption Act, 1988 and Indian Penal Code relating to corruption by a public servant referred to in clause ( a) or clause ( b) or clause ( c) or clause (d) or clause - 9 -Ex-569/2014 (e) or clause (f) or clause (g) of sub-section (1) of section 13, the Lokayukta may file a case in the Special Cour t and shall send a cop y of the report together with its findings to the competent author ity. 24. Transparency in Lokayukta organization: The Lokayukta shall mainta in complete tra nsparency in its funct ioning and sha ll ensur e that full records of any investigation or inquiry conduct ed under this Act after its conclusion is ma de public by being put on a public web site. The Lokayukta will a lso ensu re effective implementation of Section 4 of the Right to Information Act, 2005 for transparency within Lokayukta except for items those covered under Section 8 of the Right to Information Act, 2005. CHAPTER- VII POWERS OF LOKAYUKTA25. Powers of Lokayukta: The Lokayukta shall, notwithstanding anything contained in any other law for the time being in force, have the powers – (a ) to initiate suo moto appropriate action under this Act against any public servant who is alleged to be/have been involved in any act of corruption; (b) to exercise superintendence over day to day works of the Lokayukta and give direction to the investigating officers for the smooth and proper investigation and after completion of the investigation; (c) to prosecute the accused before the special court, and also to recommend punishment of dismissal, removal or reduction in rank and also impose recovery of the loss caused to the public against the erring public servants aft er giving them full opportunities of being heard. The recommendation may be executed by the appointing authority of the Government within 6(six) months. In the event of non-execution on the part of the concerned depa rtment the reason for non- execution is to be laid before the Mizoram State Assembly. While recommending any action Lokayukta will duly consider distinction between bonafide action and an action with malafide intention, a nd also judgement of error with and without ill-motive; (d) to ensure the integr ity of it s functiona r ies a nd impose on defa ult ers punishment either of dismis sal, removal or reduction in r ank as found deemed fit; ( e) to ensure proper prosecution of cases before Court est ablished by competent author ity; (f) to compound the offence of corruption either (i) by seizing and confiscating all the assets and properties which are known a nd admitted that they ha ve been accumulated by means of corr upt practices by the erring public servant; or (ii) by making an order compelling thereby the defaulting public servant to recover the entire amount of loss to the public treasury within a specified time. (g) to issue,in case of threat perception, appropriate direction to the Government or to the concerned authority for providing security to ensure that no physical harm or administrative hara ssment is caused to the witness; (h) to provide travelling allowance a nd daily allowance as per existing rates, on demand, to those who are summoned to appear in person before the Lokayukta or the investigating agency for the purpose of investigation. 26. Search and Seizure of Documents, Articles and Retention thereof: ( 1) If the Lokayukta has reason to believe that any document or articles as the case may be which, in it s opinion, shall be us eful for, or relevant to, any investigation under this Act, are secreted in any place, it may authorise any agency to whom the investigation has been given to search for and to seize such docu ments/ articles as per the provision of Cr Pc. ( 2) If the Loka yukta is satisfied that any document or article seized under sub-section ( 1) may be used as evidence for the purpose of any preliminary inquiry or investigation or trial under this Act and that- 10 - Ex-569/2014 it shall be necessa ry to retain the document or article in its custody or in t he custody of such officer as may be a uthorised, it may so retain or direct such authorised officer to retain such document or article till the completion of such preliminary inquiry or investigation or tr ial. Provided that where any document or article is required to be returned, the Lokayukta or the authorised officer may return the same after retaining copies of such document or seized article duly authentica ted. 27 . Exercise of powers of Civil Cour t: (1) Subject to the provisions of this section, for the purpose of any preliminary inquiry and investigation, the Lokayukta sha ll have all the powers of a civil court, under the Code of Civil Procedure, 1908, in respect of the following matters, namely:— ( i) summoning a nd enforcing the attendance of any person a nd examining him on oath; ( ii) requiring the discovery and production of any document or article ( iii) receiving evidence on affidavits; ( iv) requisitioning any public record or copy thereof from a ny court or office; ( v) issueing commissions for the examination of witnesses or documents/ articles Provided that such commission, in case of a witness, shall be issued only where the witness, in the opinion of t he Loka yukta, is not in a position to attend the pr oceeding before the Lokayukta; and ( vi) such other matters as may be prescribed. ( 2) Any proceeding before the Lokayukta shall be deemed to be a judicial pr oceeding within the meaning of section 193 of the Indian Penal Code ( Act 45 of 1860). 28. Utilisation of Service of Officer/ Agency of the Government: ( 1) The Lokayukta may, for the purpose of conducting any preliminary inquir y or investigation, utilise the services of a ny officer or organisation or investigation agency of the State Government or the Central Government including Centr al Bureau of Investiga tion (CBI). ( 2) For the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry or investiga tion, a ny officer or organiza tion or agency whose services are utilised under sub-section ( 1) may, subject to the direction and control of the Lokayukta,- ( a) summon and enforce the attendance of any person and examine him; ( b) require the discovery and production of any document; and ( c) requisition any public record or copy thereof from any office. ( 3) The officer or organization or a gency whose ser vices a re utilised under sub-section ( 2) shall inquire or, as the case may be investigate into any matter pertaining to the preliminary inquiry or investigation and submit a report thereon to the Lokayukta within such period as may be specified by it in this behalf. 29. Attachment of property: ( 1) Wher e the Lokayukta or any investigation officer author ized by it in this behalf, ha s reason to believe, the reason for such belief to be recorded in wr iting, on the basis of materia l in his possession, that— ( a) any person is in possession of any proceeds of corruption; ( b) such person is accused of having committed an offence r elating to corr uption; and ( c) such proceeds of offence are likely to be concealed, transferred or dealt with in any ma nner which may result in frustr ating any proceedings relating to confiscation of such proceeds of offence, he may, by order in writing, provisionally attach such pr operty for a period not exceeding ninety da ys from the date of the order. (2) The Lokayukta shall, immediately after attachment under sub-section ( 1), forward a cop y of the order, a long with the material in his possess ion, referred to in that sub-s ection, to the Special Court, in a sealed envelope, in the ma nner as may be prescr ibed and such Court may extend the order of attachment and keep such material for such period a s the Court ma y deem fit. ( 3) Every or der of attachment ma de under sub-section ( 1) s hall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the Special Court under sub-section ( 2).- 11 -Ex-569/2014 (4) Nothing in this section shall pr event t he person interested in the enjoyment of the immovable property attached under sub-section ( 1) or sub-section ( 2), from such enjoyment. Explanation. —For the purposes of this sub-section, “ person interest ed”, in relation to any immovable property, includes all persons cla iming or entitled to claim any interest in the property. 30. Confirmation of attachment by Special Court: ( 1) The Lokayukta, when it pr ovisionally attaches a ny property under sub-section ( 1) of section 29 shall, within a period of thirty days of such attachment, file an application stating the facts of such attachment before the Special Court and make a prayer for confirmation of a ttachment of the property till completion of the proceedings against the public servant in the Special Court. ( 2) The Special Court may, if it is of the opinion t hat the property provisionally attached had been acqu ired through corrupt means, make an order for confirmation of attachment of such property till the completion of the proceedings against t he public servant in the Special Court. ( 3) If the public serva nt is subsequently acquitted of the charges framed against him, the property, subject to the orders of the Special Cour t, shall be restored to the concerned public servant along with benefits from such property as might have accrued during the period of attachment. ( 4) If the public servant is subsequently convicted of the charges of corruption, the property and the proceeds thereon relatable to the offence under the Prevention of Corruption Act, 1988 shall be confiscated and vest in the Government free fr om any encumbr ance or leasehold interest excluding any debt due to any bank or financial institution. Explanation. —For the purposes of this sub-section, the expressions “bank”, “debt” and “financial institution” shall have the meanings respectively assigned to them in clauses ( d), ( g) and ( h) of section 2 of the Recover y of Debts due to Banks and F inancia l Institutions Act, 1993. ( 5) Without prejudice to the provisions of sections 29 and 30, where the S pecial Court, on the basis of prima facie evidence, ha s reason to believe or is satisfied that the assets, proceeds, receipts a nd benefits, by whatever name called, have arisen or procured by means of corruption by t he public servant, it may authorize t he confiscation of such assets, proceeds, r eceipts and benefits till his acquittal. ( 6) Wher e an or der of confiscation made under sub-section ( 1) is modified or annulled by the High Cour t or Supreme Court or where the public servant is acquitted by the Special Court, the assets, proceeds, receipts and benefits, confiscated under sub-section ( 1) shall be returned to such public servant. 31. Transfer or Suspension of Public servant: Where the Lokayukta, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available, that— ( a) the continuance of the public servant referred to in clause ( d) or clause ( e) or clause (f) of sub-section ( 1) of section 13 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry a dversely; or ( b) such public servant is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Lokayukta may recommend to the State Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the or der. 32. Power for Preservation of Documents: The Lokayukta may, in discharge of its functions under t his Act, issue appropriate dir ections to a public serva nt entr usted with the preparation or custody of any document or record— ( a) to protect such document or recor d from destruction or damage; or ( b) to prevent the public serva nt from altering or secreting such document or record; or ( c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means.- 12 - Ex-569/2014 33. Delegation of P ower: The Lokayukta may, by general or special order in writing and subject to such conditions and limitations as may be sp ecified therein, direct that a ny administrative or financial power conferred on it may also be exer cised or discha rged by such of its Members or officers or employees as may be specified in the order. CHAPTER-VIII CONSTITUTION OF SPECIAL COURT34 . Constitution of Specia l Court: (1) The State Government shall constit ute such number of Special Courts as recommended by the Lokayukta, to hear and decide the cases arising out of the Prevention of CorruptionAct,1988 or under this Act. (2) The Special Courts constit uted under sub-section (1) sha ll ensur e completion of each t rial within a period of 12(twelve) months fr om the date of filing of the case in the Court: Provided that in ca se the trial cannot be completed within a period of 12 (t welve) months, the Special Cour t shall record reasons thereof and shall make all efforts to complete the trial within another period of 6 (six) months. Provided fu rther that adjournments should not be given without sufficient and reasonable ca use. 35 . Procedure for letter of Request: (1) Notwithstanding any thing contained in t his Act or the Code of Criminal Procedure, 1973 if, in the course of a pr elimina ry inquiry or investigation into an offence or other proceeding under this Act , an application is made to a S pecial Court by an officer of the Lokayukta authorized in this behalf that any evidence is required in connection with the preliminary inquir y or investigation into an offence or proceeding under this Act and he is of the opinion t hat such evidence may be available in any pla ce in a contracting State, and the Special Court, on being satisfied that such evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act, may issue a letter of request to a court or an authority in the contracting State competent to deal with such request to— (i) examine the facts and cir cumstances of the case; (ii) take such steps as the Special Court may specify in such letter of request; and (iii) forward all the evidence so taken or collected to the Specia l Court issuing such letter of request. (2) The letter of request sha ll be transmit ted in such manner as the Government may prescribe in this behalf. (3) Every statement recorded or docu ment or thing received under sub-section (1) shall be deemed to be evidence collected during the cour se of the preliminary inquiry or investigation. CHAPTER – IX COMPLAINT AGAINST CHAIRPERSON,MEMBERS AND OFFICIALS OF LOKAYUKTA36. Complaint against Chairperson, Members and Officials of Lokayukta: (1) The Lokayukta shall not inquire into any complaint made against its Chairperson or any Member. (2) Subject to the provisions of sub-section (4), the Cha irperson or any Member shall be removed from his office by order of the Governor on grounds of misbehavior after the Supreme Court, on a refer ence being made to it (i) by the Governor; or (ii) by the Gover nor, on a petit ion signed by a t least two-third members of Mizoram Legisla tive Assembly, has, on an enquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairperson or such member, as the ca se may be, ought to be removed on such ground. (3) The Governor may suspend from office the Chairperson or any Member in respect of whom a reference has been made to the Su preme Court under sub-section (2), on receip t of the r ecommendation or- 13 -Ex-569/2014 interim order made by the S upreme Court in this r egard until the Governor has passed orders on receipt of the final r eport of the S upreme Court on such reference. (4) Notwithstanding anything conta ined in sub-section(2), the Gover nor may, by or der, remove from the office, the Chairperson or any Member if the Chairperson or such Member, as the case may be,— (a ) is a djudged an insolvent; or (b) engages, during his term of office, in any paid employment outside the duties of his office; or (c ) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body. (5) If the Chair person or any Member is, or becomes, in any way concerned or interested in any cont ract or agreement made by or on beha lf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument ar ising there fr om otherwise than as a member a nd in common with the other members of an incorporated company, he sha ll, for the purposes of sub-section (2), be deemed to be guilty of misbehaviour. 37 . Compla int a ga inst officia ls of Lokayukta: (1) Every compla int or allegation made against any officer or employee or agency associated with the Lokayukta for an offence punishable under the Prevention of Corruption Act, 1988 shall be dealt with in accordance with the provisions of this section. (2) The Lokayukta shall complete the inquiry into the complaint or allegation ma de within a period of thirty days from the date of its receipt. (3) While making an inquiry int o the complaint against any officer or employee of t he Lokayukta or a gency engaged or associated with the Lokayukta, if it is prima facie sa tisfied on the basis of evidence available, that— (a ) cont inuance of such officer or employee of the Lokayukta or agency engaged or a ssociated in his post while conducting the inquiry is likely to affect such inquiry a dversely; or (b) an officer or employee of the Lokayukta or agency engaged or associated is likely to destroy or in any way tamper with t he evidence or influence witnesses, then, the Lokayukta may, by or der, suspend such officer or employee of the Lokayukta or divest such agency engaged or associated with the Lokayukta of a ll powers and responsibilities hereto befor e exercised by it. (4) On the completion of the inquiry, if the Lokayukta is sa tisfied that there is prima fa cie evidence of t he comission of an offence under the Prevention of Corruption Act,1988 or of a ny wrong doing, it shall, within a period of fifteen days of the completion of such inqu iry, order to prosecute such officer or employee of t he Lokayukta or such officer, employee, agency engaged or a ssociated with the Lokayukta and init iate disciplinar y proceedings against the official concerned: Provided that no such order shall be passed without giving such officer or employee of the Lokayukta, a reasonable opportunity of being heard. CHAPTER - X ASSESSMENT OF LOSS AND RECOVERY THEREOF BY THE SPECIAL COURT38. Assessment of Loss and Recovery thereof by the Special Court: If a ny public servant is convict ed of a n offence under the Pr evention of Corruption Act, 1988 by the Special Court, notwithsta nding a nd without prejudice t o any law for the time being in for ce, it may make an assessment of loss, if any, caused to the public — exchequer on account of the actions or decisions of such public servant not taken in good fa ith and for which he st ands convicted, and ma y order recovery of such loss, if possible or quantifiable, from such public serva nt convicted: Provided that if the Special Cour t, for r easons to be recorded in writ ing, comes to the conclusion that the loss ca used was pursua nt to a conspiracy with the beneficiary or beneficiaries of actions or decisions of the public servant so convicted, then such loss may, if assess ed and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately.- 14 - Ex-569/2014 CHAPTER XI FINANCE,ACCOUNTS AND AUDIT OF LOKAYUKTA39. Finance, Accounts and Audit of Lokayukta: The Lokayukta shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financia l year, showing the estimated receipts and expenditure of the Lokayukta and forward the same to the Government of Mizoram for information. 40 . Pr ovision of Fund: The Government of Mizoram may, after due appropriation made by Mizoram State Legislative Assembly by law in this behalf, ma ke to the Loka yukta gr ants of such sums of money as are required to be paid for the salaries and allowances payable to the Chairperson and Members and the administrative expenses, including the salar ies and allowances and pension payable to or in respect of officers and other employees of the Lokayukta. 41. Maintenance of Accounts: (1) The Lokayukta shall mainta in proper accounts and other relevant recor ds and prepar e an annual statement of accounts in such form as may be prescribed by the Government of Mizoram in consultation with the Accountant General of Mizoram. (2) The accounts of the Lokayukta shall be audited by the Accountant General of Mizoram at such intervals a s may be specified by him. (3) The Accountant General of Mizoram or any person appointed by him in connection with the audit of the accounts of the Lokayukta under this Act sha ll have the same — rights, privileges and authority in connection with such audit, as the Accountant General of Mizoram generally has, in connection with the audit of the Government accounts and, in particula r, shall have the right to dema nd the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Lokayukta. (4) The accounts of the Lokayukta, as certified by the Accountant General of Mizoram or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Sta te Government a nd the State Government shall cause the same to be laid before Mizoram Legislative Assembly. 42. Furnishing of Returns and Statements: The Lokayukta shall furnish to the State Government, at such time and in such form a nd manner as ma y be prescribed or as the State Government may request, such returns and statements and such particulars in regard to any matter under the jurisdiction of t he Loka yukta, as the State Government may, from time to time, requ ir e. CHAPTER – XII DECLARATION OF ASSETS43. Declaration of movable & immovable Assets: (1) Every public servant shall make a declaration of his assets and liabilities in the manner as may be pres crib ed. (2) A public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, fu rnish to the competent author ity the informa tion relating to— (a ) the assets of which he, his spouse and his dependants ar e, jointly or severally, owners or beneficiaries; (b) his liabilities and that of his spouse and his dependants.- 15 -Ex-569/2014 (3) A public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such assets and liabilit ies, as referred to in sub-section (2), to the competent authority within six months of the coming into force of this Act. (4) Every public servant shall file with the competent authority, on or before the 31st July of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31st March of that year. (5) The information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent a uthorit y in su ch form and in such manner as may be prescribed. (6) The competent authority in respect of each Department sha ll ensure that all such statements are published on the website of such Department by 31st August of that year.Explanation .—For the purposes of this section, “dependants” means sons, daughters and any other person(s) who have no separa te means of ear ning and are wholly dependant on the public servant for their livelihood. 44 . Fa ilur e to Declar e Assets or giving misleading information: If a ny public serva nt willfully or for reasons which are not justifiable, fails to— (a) declare his assets ; or (b) gives misleading information in respect of such a ssets a nd is found to be in possession of assets not disclosed or in respect of which misleading information was furnished, then, such a ssets shall, unless otherwise pr oved, be presumed to belong to the pu blic servant and shall be presumed to be assets acqu ired by corrupt means: Provided that the competent authority ma y condone or exempt the public serva nt from furnishing information in respect of assets not exceeding such minimum value as may be prescribed. CHAPTER – XIII OFFENCES AND PENALTIES45. Offences a nd Compensation Thereof: (1) Whenever any person makes any false and frivolous or vexatious complaint and causes ar rest of a public servant, if it appear s to the Judge of a special Court by whom the case is hear d that there is no sufficient ground of proceeding or for ca using such arrest the Special Court may awar d such compensa tion not exceeding one thousand rupees to be paid by the person so causing the arrest to the public servant so arrested for his loss of time and expenses in the matter, as the Judge thinks fit. (2) In s uch cases, if more public servants than one are arrested, the Judge may, in like manner, award to each one of them such compensation not exceeding one thousa nd rupees, as such the Judge thinks fit. (3) No C ourt except a S pecial Court shall take cognizance of an offence under sub-section (1). (4) Any compensation a warded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding 3 (three) months as the Judge directs, unless such sum is sooner paid. 46 . Offences by S ociety, Association or Tr ust: (1) Wher e any offence under sub-section(1) of section 45 has been committed by any society or association of persons or trust (whether r egistered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or tr ust, for the conduct of the business or affa irs or activit ies of t he society or associa tion of persons or tr ust as well as such society or association of persons or trust sha ll be deemed to be guilty of the offence and shall be liable to be proceeded against and punished a ccordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was commit ted without his knowledge or that he had exer cised a ll due diligence to prevent the commission of such offence.- 16 - Ex-569/2014 (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been commit ted by a society or a ssociation of persons or trust (whether registered or not) and it is pr oved that the offence has been commit ted with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of such society or associa tion of persons or trust, such director, mana ger, secretary or other officer shall also b e deemed to be guilty of that offence and shall be liable to be proceeded a gainst and punished a ccordingly. CHAPTER - XIV REPORT TO GOVERNOR & MISCELLANEOUS47 . Repor t to Governor : It shall be the dut y of the Lokayukta to present annually to the Governor a report on the work done by the Lokayukta and on receipt of s uch report the Governor shall cause a copy thereof together with a memorandum explaining, in respect of the cases, if any, where the recommendation of the Lokayukta was not accepted, the reason for such non-a cceptance to be laid before the Mizoram Legislative Assembly. 48 . Pr otection of P ublic S ervant aga inst things done in good fait h: No suit, pr osecution or other legal proceedings under this Act shall lie against any public servant, in resp ect of anything which is done in good fait h or intended to be done in the discharge of his official functions or in exercise of his powers. 49 . Pr otection of Lokyukta or officials of Loka yukta: No suit, pr osecution or other legal proceedings shall lie against the Lokayukta or a gainst a ny officer, employee, agency or any person, in respect of anything which is done in good fa ith or intended to be done under this Act or the rules or the regulations made thereunder. 50. Chairperson, Members and Offcials to be public servants: The Chairperson, Members, officers and other employees of the Lokayukta sha ll be deemed, when acting or purporting to act in pur suance of any of the provisions of this Act, to be public servants within the meaning of s ection 2 1 of the Indian Penal C ode. 51 . Bar of Civil Court jurisdiction: No civil court sha ll have jurisdiction in resp ect of any matter which the Lokayukta is empowered by or under this Act to determine. 52. Provision of Legal Assistance: The Lokayukta may consider to every per son aga inst whom a complaint has been made before it, under this Act, legal assistance to defend his case before the Lokayukta, if such assistance is requested for. 53. Provision to have overriding effect: The provisions of this Act shall have effect notwithsta nding a nything inconsistent therewith conta ined in a ny enact ment other tha n this Act or in any instrument having effect by vir tue of any ena ctment other than this Act. 54. Act not in derogation of other laws: The provisions of t his Act shall be in addition to, and not in derogation of a ny other laws for the time being in force. 55 . Power to pu nish for contempt: The Lokayukta shall ha ve and exercise the same jurisdiction powers and authority in respect of cont empt of itself as a High cour t has a nd may exercise, and for this purpose, the provisions of the Contempt- 17 -Ex-569/2014 of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to the High Court shall be construed as a reference to the Lokayukta as the case may be. 56. Whistle Blower Protection: For the protection of complainant under this Act, section 20 of the Anti-Corruption, Grievance Redressal and Whistleblower P rotection Act, 2011 shall apply and that the word ‘Lokpal’, wherever it occurs in that section, shall be constr ued as Lokayukta. 57. Power to make Rules: (1) The State Government may, by notification in the Official Gazette, make rules to ca rry out the provisions of this Act. (2) In p articular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a ) the form of compla int referred to in cla use (e) of sub-section (1) of section 2; (b) the term of the Search Committee, the fee and allowa nces payable to its Members and the manner of selection of pa nel of names under sub-section (5) of section 4; (c ) the post or posts in respect of which the appointment shall be made after consultation with the State Public Service Commission under the proviso to sub-section (3) of section 10; (d) other matters for which the Lokayukta shall have the powers of a civil court under clause (vi) of sub-section (1) of section 27; ( e) the manner of sending the order of attachment along with the material to the Special C ourt under sub-section (2) of section29; (f) the manner of transmitting the letter of request under sub-s ection (2) of section 36; (g) the form and the time for prepar ing in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the Lokayukta under section 40; (h) the form for ma intaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of section 42; (i) the form and manner and the time for preparing the returns and statements along with particulars under section 43; (j) the form and the time for preparing an annual return giving a summary of its activities du ring the previous year under sub-section (5) of section 44; (k) the form of annual return to be filed by a public servant under sub-section (5) of section 44; (l) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 45; (m) any other matter which is to be or may be prescribed. 58. Power to make Regulations: (1) Subject to t he provisions of this Act and the rules made thereunder, the Lokayukta may, by notification in the Official Gazette, ma ke regulations to carr y out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a ) the conditions of s ervice of the secretar y and other officers a nd staff of the Lokayukta and the matters which in so far as they relate to salaries, allowances, leave or pensions, r equire the appr oval of the Governor under sub-section (4) of section 10; (b) the place of sittings of benches of the Lokayukta under clause (f) of sub-section (1) of section 16; (c ) the manner for displaying on the website of the Lokayukta, the status of all complaints pending or disposed of along with records and evidence with reference thereto under sub-section (10) of section 20; (d) the manner and procedure of conducting preliminary inquiry or investigation under sub-section (11)of section 20; ( e) any other matter which is requir ed to be, or may be, specified under this Act.- 18 - Ex-569/2014 59 . Rule and R egulation to b e laid before the Assembly: Every rule a nd regulation made under this Act shall be laid, as soon a s may be after it is made, before the Mizoram Legisla tive Assembly, while it is in session, for a total period of thirty days which ma y be comprised in one session or in two or mor e successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions a foresaid, the House a grees in making any modification in the rule or regula tion, or the House agrees that the r ule or regulation should not be made, the rule or regulation shall thereaft er have effect only in such modified form or be of no effect, as t he case may be; so, however, that any such modification or a nnulment shall be without pr ejudice to the validit y of anything previously done under that rule or regulation. 60 . Power to r emove difficulties: (1) If a ny difficulty arises in giving effect to the provisions of t his Act , the Government of Mizoram may, by order, publish in the Official Gazette, make such provisions not inconsistent with the pr ovisions of this Act, a s appear to be necess ary for removing the difficulty: Provided that no such order shall be made under this section a fter the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the Mizoram Legislative Assembly. Secretary, Law & Judicial Deptt., Govt. of Mizoram. Schedule[See Sec 3 (3) (c)] I ____________________________________ having been appointed Chairperson (or a Member) of t he Mizoram Lokayukta do swear in the name of God that I will bear Solemnly affirm true faith and allegiance to the Constitution of India as by law established, t hat I will duly and fa ithfully and to the best of my a bility, knowledge and judgment, perfor m the duties of my office without fea r or favour, affection or ill will.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100- 19 -Ex-569/2014

The Mizoram GazetteEXTRA ORDINARYPublished by AuthorityRNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIII Aizawl, Friday 21.11.2014 Kartika 30, S.E. 1936, Issue No. 540NOTIFICATIONR. Lalvena,Secretary to the Govt. of Mizoram,Urban Development & Poverty Alleviation Department.1.Introduction:1.1The ultimate goal of the National Housing and Habitat Policy 1998 is to ensure that the basic needto Shelter for all is fulfilled in a time bound manner and a better quality of life is provided to all thecitizens of the country by harnessing the unused potential in the public, private and the householdsectors. Till such time this goal is achieved, it is necessary to provide some kind of shelter to theabsolutely shelterless urban population including street children and destitute women in urgent needof shelter to protect themselves against the vagaries of nature throughout the yearso that no life islost in Mizoram due to absence of Night Shelter.1.2Those Guidelines provide a framework for construction and management of night shelters forprovision of a minimum of 25 square feet area for sleeping and storage per one shelterless personin the urban areas. The Government recognized the necessity to provide some kind of shelter to theshelterless urban population, including street children and destitute women in urgent need of shelter,to protect themselves against vagaries of nature all throughout the year. The Night Shelters shouldprovide common toilets and bath, kitchen in addition to sleeping purposes separately for men andwomen. There should be dormitories or halls with plain flooring for sleeping at night and for othersocial purposes during the day time such as health care, training for unemployed youth and for adulteducation programme.1.3The Hon’ble Supreme Court of India in its direction in IA No. 94 and 96 in WP(C) No. 196/2001-PUCL VS Union of India & Ors. and sequel to communication received from Standing CounselCorporate Law Group vide letter Dated: November, 15th 2010 and in subsequent order Dated: 16-12-2010, expressed deep anguish concerning deaths of homeless persons taken place during winter/rain affected areas of the country and failure to provide adequate protection to them. Immediatesteps are to be taken with direction to concerned authorities not to demolish any night shelterwithout providing proper alternate night shelter till further orders.No. C. 18015/2/2010-UD&PA, the 31 st October, 2014. In pursuance of Hon’ble Supreme Court order case WP(C) No. 196/2011/PUCL-vs-Union of India ‘Guidelines for setting up and Management of Night Shelter for Urban Shelterless in Mizoram’ is hereby published for general information. - 2 - Ex-540/2014 2.Objective 2.1The objectives of such infrastructure is to ensure that no life is lost du e to absence of Temporary Night Shelter for the shelterless people during night hours in all s easons throughout the year and to ascertain that there is no loss of life for want of adequate and proper Night Shelter. 3.Strategy 3.1Government of Mizor am has taken necessary steps to ensu re that no life is lost in the absence of Night Shelters. These guidelines have been framed in line with t he direction of the Supreme Court. Accordingly, NGOs/Civil society’s organizations having land, building trained man power and other resources to manage night shelter home for shelter less people within Urban Area in partnership with state Government ha ve been discussed. 3.2The guidelines recommended that the convenientsites will be identified so as to ensure maximum convenience to beneficia r ies. 3.3 Thestrategy adopted by the Government for the other urban ar eas in Mizoram is that there should be a t least one model night shelter home for shelterless men, women a nd children in each District headquarters in the State and ultimately to have overnight shelter for over 1,00,000 population. 4.Management Committee for Night Shelter: 4.1State Level Committee on Night Shelter:The Government shall constitute a State Level Committee on Night Shelter with the following composition: 1)Chief Secreta ry, Govt. of Mizoram:Chairman 2)Director General of P olice:Member Secretary 3)Principal Secretary/Commissioner/ Secretary, Socia l Welfare/ Law & Judicial/UD&PA Deptt.:Member 4)Chief Execu tive O fficer, AMC:Member 5)Director, Social Welfare/ Health Services/ UD&PA Deptt.:Member 6)All Deputy Commissioners:Member 7)President, CYMA/MUP/MHIP:Member 4.2Night Shelter Management Committee for Aizawl City 1)Chief Execu tive O fficer, AMC:Chairman 2)Secretary, AMC:Member Secretary 3)Deputy Commissioner, Aizawl:Member 4)Director, Social Welfare Deptt. GOM:Member 5)Director, UD&PA Deptt. GOM:Member 6)Director, Health Services, GOM:Member 7)Superintendent of Police:Member 8)Repr esenta tive fr om Loca l Councils:Member 4.3Night Shelter Management Committee for District Headquarters and ot her Ur b a n Areas: 1)Deputy Commissioner:Chairman 2)DSWO, Social Welfare Deptt.:Member Secretary 3)Superintendent of Police:Member 4)Chief Medical Officer:Member 5)DUDO, UD&PA Deptt.:Member 6)Addl. Deputy Commissioner:Member 7)Chief Judicia l Magist rate:Member 5.Management of Night Shelters: 5.1Night Shelters may either be directly managed by the Government Department or Agency under the supervision on Management Committee; it may also be managed through NGOs selected by the commit tee. 5.2In case where a Night Shelter is managed by an NGO, the Government will provide necessary recurring expenditure for management thr ough Ma nagement Commit tee. 6.Pr ovisions to be ma de ava ilable in the Night Shelter:- 6.1The intake capacity of each Night Shelter Homes as service provider should be of 20 nos. of shelterless persons. Accor dingly necessar y provision for such capacity should be made availa ble. 6.2The premises of Night Shelter should be well protected surrounded by boundar y walls. There must be signboard in front of the Night Shelter premises indicating the name of the Homes with address and phone number a long wit h its a ccommodation capacities. Sign board should also indicate that the Home is monitored by the Management Commit tee. 6.3Campus of Night Shelter Home should be properly secured and protected with boundar y wall with a provision of adequa te lighting. 6.4There will be a provision of kitchen with all required utensils in each & every Night Shelter Home to enable t he person/persons availing the benefit of Night Shelter Home to enable to cook food during the night so that they need not go out. However, meals may be provided to the inmates on cost basis. However no pr ofit is to be generated in t he meals provided. 6.5There will be provision for recreational facilities in ea ch and every Night Shelter. 7.Principles governing management of Night Shelter: 7.1Any kinds of Alcoholic beverages and intoxicating items should be strictly prohibited in the Temporary Night Shelter Home. 7.2Immediately after a rrival of the persons in need of Temporary Night Shelter, either lifted by the competent authority, their names a long wit h the a ddress, age, occupation etc. should b e entered in the register maint ained b y the In-charge of the Night Shelter Home during night hours. 7.3After necessary entry in the register, he/she should be given proper accommodation with basic facilities like bed and bed sheet with ma ttress, pillow, mosquito net, quilt or rug (in winter season), Provision for fan (in summer season) 7.4There must be sufficient provision for sa fe drinking wa ter in each and every Night Shelter H omes along with provision for hygienic latrine/urina l attached to the Night Shelter Homes where the persons in question are a ccommodated. T here should also be pr ovisions for r equired numbers of bucket (medium size), mug, and soap etc. along with first-aid facilities and fire extinguisher. Provision for taking a bath by the inmates during his/her stay in Home should also be made. 7.5In case of a sick person, consider ing the gravity of illness, there should be provision for shifting him/ her either to Government run Hospital or to the nearest hospital. T here should also be a n attendant who will accompany the person to the hospital. 7.6There must be sepa rate pr ovision for Ma le and F emale inmates in the Night S helter Homes a long with separate provision for children, with provision of watchman etc. 7.7Ar rival and depar tur e time with date, for persons in need of Tempora ry Night Shelter should inva riably record in the concerned register. Once accommodated in the Temporary Night Shelter- 3 -Ex-540/2014 Home, the person who avail the fa cilities, should not be allowed to leave the home in question without prior permission of the authority concerned of the Night Shelter Homes during night hours (7:00PM to 4:00AM). 7.8Accommodation (to such person in need of night s helter in Night Shelter Homes) will be provided, if he or she is of no criminal record/referred by Gover nment officials or by Government agency/ agencies, r eputed person etc.,/lifted by police, observing all required for malities. However, before accommodating the person in the Night Shelter H ome/Homes, immediately after arrival, he or she should be properly frisked and in case, any doubt or his/her belongings arise, action should be t aken accordingly as per law. 7.9Campus of Temporar y Night Shelter Home should invaria bly be non-smoking or tobacco free zone as per the rules of COTP Act 2006. 8.Conclusion & Suggestion: 8.1The guidelines emphasizes that preferences would be given to extremely vulnerable and marginalized sections in the society among the homeless population. In this regards, it ma y includeVeget able Vendors came from r ural ar eas to sell their vegetables on Satur day in t he markets who often slept insecurely at road sides/P avements in the street on Fr iday night in particulars. 8.2The Socia l Development Specialist/Officers will identify the convenientsitesso as to ensure maximum convenience to beneficia ries in consultation with the Local councils in ea ch selected sites. 8.3It must be noted to include that shelterless having any fixed duration of stay in the town, wit hout requirement of identity pr oof or other qualifica tion would be eligible to reside in the shelter. ANNEXURE Tentative List of Items Sl.no.ItemSizeQuality 1.Bed3ft x 7ft1st Class wood 2.Mattress3ft x 7ftBest Quality 3.Bed sheet (cotton)4ft x 7ftBest Quality 4.Mosquito net (cotton)3ft x 7ft x 4ftBest Quality 5.Blanket/Quilt4ft x 7ftBest Quality 6.PillowMedium sizeBest Quality 7.Bucket (Plastic)Medium size (16ltr)Best Quality 8.Mug (Plastic)11tr. CapacityBest Quality 9.Water filter/Aqua GuardBig sizeBest Quality 10.Washing MachineStandard S izeISI 11.InverterStandard S izeISI - 4 - Ex-540/2014Published 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 - XLIV Aizawl, Friday 9.1.2015 Pausa 19, S.E. 1936, Issue No. 5 NOTIFICATIONNo. J. 25011/1/2014-EXC(i), the 7th January, 2015.In exercise of the powers conferred by Sub-section (3) of Section 1 of the Mizoram Liquor (Pr ohibition and C ontrol) Act, 2014 (Act No. 8 of 2014), the Governor of Mizoram is pleased to appoint the 15th day of Ja nuary, 2015 as the date on and from which the said Act shall come into for ce throughout the whole of Mizoram excluding the Autonomous District Council areas of Chakma, Lai and Mara. P.C. Lallawmsanga, Principal S ecretar y 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 - XLIV Aizawl, Tuesday 13.1.2015 Pausa 23, S.E. 1936, Issue No. 6 NOTIFICATIONNo.A.12018/17/2013-P&AR(GSW)/Loose-I,the 22nd December, 2014.In ex er cise of t he powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following rules to amend the Mizoram Health & F amily Welfare Department (Group ‘B’ post) Recruitment Rules, issued under Notification No.A.12018/17/2003-P&AR (GSW) Dt. 29.01.2008 and published in the Mizoram Gazette Vol.XXXVII Extra-ordinary issued No.28 dt. 19.02.2008 in respect of Sanitary Inspector, Health & Family Welfare Deptt.na mely: 1.Shor t title and(1) Thes e Rules may be called t heMizoram Health & Family Welfare Commencement -Department (Group ‘B’ post) Recruitment (Amendment) Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette. 2.Amendment ofIn Annexure-I of the P rincipa l Rules for ent ries in columns 4, 8,11, 12,13 Annexure - I& 14 the following shall be substituted, namely:- (i)Column 4- PB - 2: ^ 9300 -34800 + ^ 4600 GP (ii)C olu mn 8- Graduate in Arts, Science or Commerce with Diploma in Sanitary Inspector cour se from a recognized institution. Having knowledge of Mizo language at least Middle School Standard (iii)Column 11 -1) 50% by Direct Recruitment 2) 5 0% by promotion failing which by Direct Recruit ment (iv)Column 12 - Fr om Senior Non-M edica l Supervisor/Non- Medica l Supervisor having Diploma in Sanit ary Inspector course fr om a recognized Instit ute with at least 5 years regular service in the grade (v)Column 13 - Mizoram Public Service Commission or as constituted by Government of Mizoram from time to time (vi)Column 14 - As per Mizoram Public Ser vice C ommission (Limitation of Functions) Regulations, 1994 and as amended from time to time By order s etc. Lalsangpuii, Addl. Secretary to the Govt. of Mizoram, Dept t. of Personnel & Administrative Reforms.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/150

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 13.1.2015 Pausa 23, S.E. 1936, Issue No. 7 AFFIDAVITI, Vanlalhruaii D/o Thanpara (L ) R/o Armed Veng, Aizawl, Mizoram, a Christian b y faith, do hereby solemnly affirm and state as follows : 1.That I am the deponent of this Affidavit belonging to a Mizo Community. 2.That my name has been written and recorded as Va nlalhruaii in some of my official documents and sometimes wr itten a nd recorded as Lalhrua ii in my other officia l documents. 3.That the purpose of this affidavit is to decla re that the aforesaid name Vanlalhr uaii and Lalhr uaii denote only me and no other person(s) have interest in the said na mes. 4.That the ma tters stated in paras No. 1 - 3 and this par a are true to the best of my persona l knowledge and nothing material has been concea led therein. I n wit ness whereof I put my hand and sign this the 2nd da y of December, 2014. Sd/- Vanlalhruaii DEPONENT Identified by :Signed before me: Sd/-Sd/- J.C. LalnunsangaR. Thangkanglova AdvocateAdvocate & Notary PublicNotarial Registration Ph. : 9612163263Aizawl, MizoramNo. 14/12 Date 2/12/14Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50