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Departmental Promotion Committee for Employees of Group ‘C’, Group ‘D’ posts and for promotion cases (excluding direct recruitment) of Group ‘B’ posts under Fire & Emergency Services Department with the following members

VOL - XLIVISSUE - 52Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 52 NOTIFICATIONNo.A.11019/1/2012-HMF, the 20th January, 2015.In supercession of the notification issued under even No. dated 24/11/2014 and inclusive of the powers conferred by the proviso to Article 309 of the constitution of India, The Governor is pleased to reconstitute Departmental Promotion Committee for Em- ployees of Group ‘C’, Group ‘D’ posts and for promotion cases(excluding direct recruitment) of Group ‘B’ posts under Fire & Emergency Services Department with the following members :- Chairman-Secretary, Home Depart ment. Member-Dir ector, Fir e & Emergency Services Department Representative of DP & AR This issues with the instructions of DP & AR(GSW) vide Notification No.A.32012/1/2011- P&AR(GSW)/pt Dt.01.08.2013 and Miz. Gazette Extra ordinary Vol-XLIII dated 29.05.2015 Issue No. 254 as Notification No.A.12017/2/91-P&AR(GSW) Dt.28.05.2014. Zaithanmawii Ralte, Under Secretary to the Govt. of Mizoram, Home Dep art ment. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

Obituary of Pu H.Siamhnuna, Headmaster, Govt. M/S, Sihfa

VOL - XLIVISSUE - 53Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 53 OBITUARYThe Governor of Mizoram has learnt, with deep sorrow, the sad and untimely demise of Pu H.Siamhnuna, Headmaster, Govt. M/S, Sihfa on the 30th Dec., 2014. Born on 1st March, 1956, Pu H.Siamhnuna entered Govt. service as Teacher of M/S on 1.2.1974 an d was promoted to the post of Headmaster, Govt. M/S on 1.12.1991 and posted at Govt. M/S, Sihfa. He served the Govt. in that capacity till he breathed his last. The Govt. of Mizoram places on record its deep appreciation of the good services r ender ed by P u H.Siamhnuna and conveys its heartfelt sympathy and condolence to the be- reaved family. Dated Aizawl,R.Lalvena, the 2nd Feb., 2015Secretary to the Govt. of Mizoram, School Education Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

State Level Fire Prevention Committee

VOL - XLIVISSUE - 54Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 54 NOTIFICATIONNo.B.11023/21/2006-FST, the 27th January, 2015.In partial modification to this Department’s Noti- fication of even No. dt.28.1.2014, the Governor of Mizoram is pleased to appoint the following officials as members of the State Level Fir e Prevention Committee :- 1.Chairman, Mizoram State Pollution Control Board. 2.Principal Secretary/Commissioner, GAD 3.Principal Secretary/Commissioner, Disaster Management & Rehabilitation Department. B. Lalthanliana, Additional Secretary to t he Govt. of Mizoram, Environment & Forest s Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

Parliamentary Notification

VOL - XLIVISSUE - 55Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 55 PRELIMINARY NOTIFICATION No. B. 12012/22/2013 - FST/53, the 28th January, 2015.Whereas the Government of Mizoram cons iders that the area, situation and limits of which a re specified in the schedule below is of adequate ecological, fa unal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wildlife or its environment. Now, therefore, in exercise of the power conferr ed under section 18 read with section 19, 20 and 21 of the Wildlife (Protection) Act, 1972 the Government of Mizoram hereby intends to decla re the said ar ea to be Wildlife Sa nct uar y known as‘S aikhawthlir Wildlife Sanctuary’as specified in the schedule below : SCHEDULE: Name of the Area:Saikhawthlir Wildlife Sanctuary Location:Proposed ar ea is sa ndwiched between R. Tuichawng lui and R. Sekulh under Tuithumhnar Forest Range and Cha wngte Forest Range of Lai Autonomous District Council. Area:94 sq. Km BOUNDARY DESCRIPTION OF SAIKHAWTHLIR WILDLIFE SANCTUARY : West: The western bounda ry starts from the Boundary P illar No.l at Mualbu lui near Jognasury running southwards and meet the Boundary Pillar No.3 placed near Bulungsuri. It then runs southwards passing through the Boundar y Pilla r No. 5 at Dosura. It further runs southwards along the ridge of the hillocks and cr oss Chhotapansuri at Boundary Pillar No.6. From there it runs along dry nullah and after cr ossing Karlui, reach Boundary Pillar No.7 at the small hillock. It runs a long a s mall nullah and meet Pa nde lui. It follows Pa nde lui downstream and reached the Boundary Pillar No. 8 near Pande lui. It further runs along dry nullah and again cr oss a small hillock and meets the Boundary Pillar No. 9 at Damlui where the southern boundary sta rts. South: The southern boundary starts from the Boundary Pillar No.9 placed at Damlui. It runs upstream upto Pillar No. 10. From there onwards t he boundary runs along the dry nulla h and cross the R. Ngha lim lui at Boundary Pillar No. ll. It then follows a small stream upto Boundary Pillar No. 12. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 2 - Ex-55/2015 It follows dry nullah upst ream and reach the pillar at Vapual lui where Bounda ry P illar No 13 was pla ced. It follows Va pual lui upstream and cross the saddle at Bawmkha i tla ng. It then runs downwards along dry nullah and meets Sunhlu lui at Kaida wh Li where Boundary P illar No 14 was placed. It follows Sunhlu lui upstream up to the point where dry nu llah meets Sunhlu lui from the eastern side. It then runs along the said dry nulla h upwar ds crossing the hillock at Pillar No 15. It then runs downwards till the sa id dry stream bifurcates where Bounda ry Pillar No 16 was placed. It then runs along the dr y nullah on the north of Saikhawthlir Village till it meets R. Sekulh. East :The eastern bounda ry follows R. Sekulh upstream up to its source. It then crosses Vanzau ram and meets the sour ce of R. Chawngte lui. It then follows R. Chawngte lui downstream up to the point where small perennial stream meets R. Chawngtelui. It then runs along the said stream and then turns towards right side curving out the wet rice cultivation area, till it meets Lungchhe lui. North: The northern boundary follows R. Lungchhelui upstream crossing Mualbu tlang at the point just below Khawthlir tlang. It then meets the source of Mua lbu lui running downstream a long Mualbu lui up to the Boundary Pillar No. 1 placed near Jognasury. Lalram Thanga, Principal S ecretar y to the Govt. of Mizoram, Envir onment & Forests Department.

Engineering College in Lunglei District under Rashtriya Uchchatar Shiksha Abhiyan (RUSA) Scheme

VOL - XLIVISSUE - 56Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 56 NOTIFICATION No. B. 13017/11/2014 - HTE, the 30th January, 2015.In order to facilitate the establishment of Engineering College in Lunglei District under Rashtriya Uchchatar Shiksha Abhiyan (RUSA) Scheme, the Governor of Mizoram is pleased to constitute an Expert Committee cons isting of the following :- Chairman :Chief Secreta ry, Govt. of Mizoram Members :1.Repr esentative of Mizoram University. 2.K. Lal Nghinglova, Commissioner & Secr etary, Higher & Technical Education Department. 3.Repr esentat ive of NIT. 4.Pu D enghnuna , IAS (R td.) 5.Er. K. Lalsawmvela, Chief Engineer, PWD. 6.Er. Vanlallianzuala, Chief Engineer (Rtd.), PHE 7.Er. Vanlaltlana, S.E., Power 8.Dr. K. L. Pradhan, Addl. SPD., RUSA Member Secretary :Er. K. Zodingliana, Joint Director (Tech), H&TE. The Committee will perform the following functions :- 1.Examine the possibility of establishing the Engineering College within Lunglei Distr ict. 2.They will select a nd process the appointment of consultant for establishing the Engineering College. 3.The Committee also will see all infrastructure and faculty requirement of the college. 4.Any other fu nctions as may be required in connect ion with the establishment of Mizoram Engineering College. 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

Assistant District Election Officer to assist the District Election Office

VOL - XLIVISSUE - 57Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 57 NOTIFICATION No. B. 12011/57/2014-SEC/VC/Part II,the 30th January, 2015.In exercise of the powers conferred under Rule 5(2) of the Mizoram (Election to Village Councils) Rules, 2014, the Sta te Election Commissioner, Mizor am hereby appoints the following Sta te Government Officers to function as Assistant District Election Officer to assist the District Election Office and perform such duties under his direction in resp ect of preparation of electora l rolls of Village Councils, 2015. Sl. NoDesignation of State Govt. OfficersPower & Function of the OfficerJurisdiction1Election Officer, Aizawl DistrictAssistant District Election Officer Whole area of Aizawl District 2Election Officer, Lunglei DistrictAssistant District Election Officer Whole area of Lunglei District 3Election Officer, Serchhip District Assistant District Election Officer Whole area of Serchhip District 4Election Officer, Champhai District Assistant District Election Officer Whole area of Champhai District 5Election Officer, Mamit DistrictAssistant District Election Officer Whole area of Mamit District 6Election Officer, Kolasib DistrictAssistant District Election Officer Whole area of Kolasib District By Order etc. H. Darzika, Secretary, State Election Commission. Mizor am : Aizawl.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Corrigendum for Constitution of State Advisory Committee on Disaster Management

VOL - XLIVISSUE - 58Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 58 CORRIGENDUM No. F. 20016/9/2015-DMR, the 3rd February, 2015.In the Department’s Notification issued under Memo No. A. 20016/9/2015-DMR dt. 27.1.2015 regarding Constitution of State Advisory Committee on Disaster Management, designation of the Inspector General of Police, Mizoram Home Guards in Sl. No. 6 should be read as Commandant General, Mizoram Home Gua rds. P.C. Lallawmsanga, Principal S ecretar y to the Govt. of Mizoram, Disaster Management & Rehabilitation Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

District Research Officer, Serchhip is allotted Unique Code Number as below

VOL - XLIVISSUE - 59Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 59 NOTIFICATION No. G. 17011/7/2012-F. APF, the 3rd February, 2015.In continua tion of the Finance Department’s Notification No. G. 17011/7/2012-F. APF dated 23rd May, 2014; District Research Officer, Serchhip is allotted Unique Code Number as below :- Sl. No.Name of MinistryMinistry CodeName of DDO/OfficeDDO CodeName of TreasuryTreasury Code1Economics & Statistics114District Research114008Serchhip090601 Officer, Serchhip The DDO should mar k his Code Numbers in clear r ecords and fur nish the same in the appropr iate colu mn in a ll bells and communica tion relating to New Defined Contributory Pension Scheme, 2010. The Code Numbers ar e recor ded herein shou ld not be altered by any individual authorit y except by the Government of Mizoram in the Finance Department in consultation with the National Securities Depository Limited (CRA). Addition of new Treasuries or DDOs, if any, from time to time shall be ma de by the authority aforementioned only. F. Vanlalruata, Secr etary to the Govt. of Mizoram, Fina nce Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

President/Chairman, Green Mizoram Network as member of Sub-Committee on Fire Prevention

VOL - XLIVISSUE - 60Date - 06/02/2015

The Mizoram Municipalities (Ward Committee and Local Council) (Second Amendment) Rules, 2015 is hereby published for general information.

VOL - XLIVISSUE - 61Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 61 NOTIFICATION No. B. 13017/21/2008-UD&PA(M), the 6th February, 2015. The fo llo wing Rules “T he Mizo ram Municipalit ies (Ward Co mmit t ee and Lo cal Co uncil) (Seco nd Amendment ) Rules, 2015” is hereby published for general information. R. Lalvena, Secretary to the Govt. of Mizoram, Urban Development & Poverty Alleviation Deptt. No. B. 13017/21/2008-UD&PA(M) :In exercise of the powers conferred by section 369 of the Mizoram Municipalities Act, 2007 (Act No. 6 of 2007), the Governor of Mizoram is pleased to further amend the Municipalities (Ward Committee and Local Council) Rules, 2010 (hereinafter referred to as the Principal Rules) as follows, namely :- Short title, extent and1 These Rules may be called The Mizoram Municipalities Ward commencement :Committee and Local Council (Amendment) Rules, 2015. 2 They shall co me int o fo rce fro m dat e o f publicat io n in t he Official Gazette. Amendment of rule 16I n r ule 16 o f t he P r inc ip a l Ru le s in su b- r u le ( I ) , a ft er c la u se ( b) a new clause (c) shall be added as follows :-”(c) One third of the members in a Local Council shall be reserved for women. That is, in a Local Council with 5 (five) Members, 1 (one) Member shall be Women; and in a Local Council with 7 (seven) Members, 2 (two) Members shall be Women”. Amendment of Rule 17Sub rule (I) of Rule 17 of the Principal Rules shall be substituted by the following :-”The tenure of Local Council members shall be5 (five) years from the date of the first meeting of the Committee referred to under sub-rule (2) of Rule 16 of these Rules”.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 2 - Ex-61/2015

The Mizoram Municipalities (Election to Local Councils) Rules, 2015

VOL - XLIVISSUE - 62Date - 06/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIV Aizawl, Friday 6.2.2015 Magha 17, S.E. 1936, Issue No. 62 NOTIFICATION No. B. 13017/41/2011-UD&PA, the 6th February, 2015.The following Rules “T he Mizoram Municipalit ies (Election to Local Councils) Rules, 2015” is hereby published for general information. R. Lalvena, Secr etary to the Govt. of Mizoram, Urba n Development & Poverty Alleviation Deptt. CHAPTER - I PRELIMINARY 1 . Short title, extent and commencement: (1) These Rules may be called the Mizoram Municipalities (Election to Local Councils) Rules, 2015. (2) They shall have the like extent as the Municipalities Act, 2007 as amended. (3) They shall come into force from the date of their publication in the Mizor am Gazette. 2. Definitions: (1) In these R ules, except wher e it is expressly provided other wise or t he context other wise requir es- (a ) “Act ” means the Mizoram Municipa lities Act, 2007 as a mended from time to t ime. (b) “Ballot box” means any box, bag or other r eceptacle used for the insertion of ba llot papers by vot ers; (c ) “Contesting candidate” mea ns a ca ndidate whose nomination has been duly accepted underRule 43 and who ha s not withdrawn his candidature; (d) “Constituency” means a Local Council constituency; (e) “Corrupt practices” means the corrupt practice as defined in section 123 of the Repr esentation of the People Act, 1951 (4 3 of 1951) in s o far a s they are relevant to the system of Village Council election under these Rules; (f) “District” means an administrative district; (g)“DistrictMunicipal Election Officer” means t heDistrictMunicipal Election Officer appointed or designated under Rule 5,who may be assisted by Assistant District Municipal Election Officer; (h) “Election” means an election to fill vacancy or va cancies in a Local Council; (i) “Election Tribunal” means an election tribunal constituted under Rule 86 and 87; (j) “Elector” means a person whose na me is for the time being entered in the electoral r oll; (k) “Municipal Electoral Registration Officer”means an Officer a ppointed or designated as such under Rule 6 in connection with prepa ration and revision of electoral rolls,who may be assisted by Assistant Municipal Electoral Registration Officer ; (l) “Electoral roll” means a list of persons whose names ar e registered and who a re entitled to vote in an election under these Rules; (m) “For m” means a for m appended to t hese Ru les; (n) “Governor” means the Governor of Mizor am; (o) “Multiple election” means an election to fill two or more va cancies at one time where each elector is entitled to give as many votes as there are vaca ncies to be filled; (p) “Presiding Officer”means an Officer a ppointed under Rule 11 to conduct election in a polling station under these Rules; (q) “Polling Officer” means and officer appointed to assist the Pr esiding Officer to conduct election in a polling station; (r ) “Qua lifying Date” means the first day of January of the year in which the electoral roll is prepared ; (s) “Qua lifying Period” means t he year which immediately precedes the year in which the electoral roll is prepa red; (t ) “Returning Officer” means an Officer appointed or designated as such under Rule 8, who shall b e responsible for pr oper conduct of election in one or more constituencies and he may be assisted by Assistant Returning Officer;- 2 - Ex-62/2015 (u) “Roll” means electoral r oll; (v) “State Election Commission” means the State Election Commission of Mizoram constituted under Article 243ZA read with Ar ticle 243K of the Constitution of India. (2) Words and expressions used in these rules, which have not been defined in sub-section (1), shall have t he same meanings as ha ve been respectively assigned to them in the Act and the Mizoram Municipalities (Ward Committee and Loca l Council) Rules, 2010, as a mended from time to time. CHAPTER - II STATE ELECTION COMMISSION AND APPOINTMENT OF OFFICERS 3 . State E lection Commission: (1) The State Election Commission duly cons tituted by the State Government, consisting of a S tate Election Commissioner appointed by the Governor under Ar ticle 243K of the Constitution of India read with sub-section (1) of section 345 of the Mizoram Municipalities Act, 2007 as amended, shall be vested with the superintendenc e,direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the Local Councils under these Rules. (2) The State Election Commission shall co-ordinate and supervises the work ofDistrict Municipal Election Officers in the State in due discharge of theirfunctions and duties under these Rules. 4.Observers: (1) The State Election Commission ma y appointa Roll Observer who shall be an officer of the Central or State Government or Pubic Undertakings to review, supervise and monitor the preparation, or revision of electoral rolls and to perform such other functions as may be entrusted to him by the State Election Commission; (2)The State Election Commission may also appoint an Election Observer, who shall be an officer of the Central or State Government or Public Undertakings to watch the conduct of election or elections in a Constituency or a group of Constituencies and to perform such other functions as may be entrusted to him by the State Election Commission. The Election Observer so appointed or nominated shall report to the State Election Commission and function under the direction and control of the State Election Commission . 5.DistrictMunicipal Election Officer: (1) For each Municipal area to which these Rules ext end, the State Election Commission shall appoint the concerned Deputy Commissioner asDistrictMunicipal Election Officer for the preparation of electoral rolls a nd the conduct of elections under these Rules. (2) The State Election C ommission may also appointElection Officer of the District Municipal Election Officer ’s office concerned or such other Officer of the State Government as ma y be necessary as AssistantDistrict Municipal Election Officer to assist theDistrict Municipal Election Officer a nd perform all such duties under his direction. (3) TheDistrictMunicipal Election Officer shall also perform such other funct ions and duties as may be directed by the Sta te Elect ion Commission from time to time.- 3 -Ex-62/2015 6 . Municipal Electoral Registration Officer: (1) For each Municipal areato which these Rules extend, the State Election Commission shall appoint or designate any officer of the State Government asMunicipal Electoral R egistra tion Officer for each such Municipal ar ea to perform a ll necessary fu nctions for the prepara tion and revision of electoral rolls for all Local Council constituencies in the said area. (2) The State Election Commissionmay designate one or mor e officers as Assistant Municipal Electoral Registration Officer to assist the Municipal Electoral Registration Officer and perform duties under his direction. (3) The Municip al Electoral Registration Officer shall also perform such other functions as may be directed by the State Election Commission. (4) A Municipal Electoral Registration Officer may, subject to any prescribed restrictions, employ such persons a s he thinks fit for the prepar ation and revision of the electora l roll for the constituency. 7. Appointment of same person as bothDistrictMunicipal Election Officer and Municipal Electoral Registration Officer: Nothing in these R ules shall prevent the State Election Commission from appointing or designating one and same Officer to be both theDistrictMunicipal Elect ion Officer and the Municipal Electora l Regist ration Officer for the same Municpal area. 8 . Returning Officer: (1) For ever y election to fill a seat or seats of a Local Council in any constituency, the State Election Commission shall, in consultation with theDistrictMunicipal Election Officer, appoint any officer of the State Government to b e the Returning Officer to conduct the election in that constituency. There shall be a separate Returning Officer for each of the Local Council constituency. (2) If theDistrictMunicipal Election Officer concerned is satisfied that the functions of the Returning Officer in any constituency cannot be performed satisfactorily by one officer, he may, submit proposal to the State Election Commission, for appointment of any officer of the State Government to be Assistant Returning Officer to assist the Returning Officer in the conduct of election in that constituency. (3) Every Assistant Returning Officer shall, subject to t he cont rol of the Returning Officer, be competent t o perfor m all or any of the functions of the Returning Officer. 9.References to Returning Officer:Allreferences in thes e Rules to a ny Returning Officer shall, unless the context otherwise requires, be deemed to include a n Assistant Returning Officer perfor ming any function which he is a uthorized to perform under Rule 8. 1 0 . General duty of the Returning Officer : It shall be the general duty of the Returning Officer at any election to do all such acts and things as may be necessar y for effectively conducting the election in the manner provided by these Rules or orders made thereunder. 11 . Presiding Officer and Polling Officers for Polling Station: (1) TheDistrictMunicipal Election Officer shall, in consultation with the State Election Commission, appoint a Presiding Officer for each Polling Station and such Polling Officers as may be required from amongst the employees of the State Government to conduct the election in the ma nner provided by these Rules or orders made there under.- 4 - Ex-62/2015 (2) If the Presiding Officer, owing to illness or other una voidable cause, is unable to perform his functions, the Polling Officer whose name stands at serial number one of the list of Polling Officers, shall perform the functions of the Presiding Officer. (3) References in this Rule to the Pr esiding Officer shall be deemed to include the Polling Officer, who performs the fu nctions of the Presiding Officer under sub-rule (2) of this Rule. 1 2 . Duties of Presiding Officer: The Presiding Officer shall - (1) keep order at the Polling Station; (2) ensu re that the poll is taken fa irly and strictly in accorda nce wit h the provisions of these Rules; (3) regulate the number of voters to be admitted at a ny one time inside the Polling Station and exclude therefrom all other persons except - (a ) the Polling Officer s and other sta ff engaged on polling duty; (b) the Candidates,Election Agents and their Polling Agents; (c) Public Servants including Police personnel on duty; (d ) a companion of illiterate or blind or infirm elector; (e) observers appointed by the State Election Commission; (f) persons authorized by the State Election Commission such as media persons. 13. Duties of Polling Officers and other Staff: (1) It shall be the duty of the Polling Officers a t a Polling Sta tion to issue Ballot Papers to electors according to the provisions ofRule 57and to mark on the electors to whom ballot papers are issued, and to assist the Presiding Officer a s may be required by him. (2) For the purpose of sub-rule (1), the Polling Officers shall be pr ovided with- (a) sufficient number of Ballot Papers; (b) notified final electoral roll of the constituency; (c ) a stamp pad as may be required for taking thumb impression of illiterate elector under sub-rule (2) ofRule 57 and; (d) other articles or forms which may be required. (3) The other St aff appointed, if any, in a Polling Station shall perform such functions a nd duties as may be assigned to them by the Presiding Officer. 14 . Functions of the Returning Officer and the Presiding Officer: (1) The Returning Officer shall function under immediatecont rol and supervision of t heDistrict Municipal Election Officer and shall perform such functions and duties as may be directed by the State Election Commission or theDistrict Municipal Election Officer, as the case may be. (2) The Presiding Officer shall funct ion under the control and supervision of the Returning Officer and sha ll perfor m such functions and duties as may be directed by the District Municipal Elec tion Officer or the Ret urning Officer, as the case may be. 15. Observer, District Municipal Election Officer, Municipal Electoral Registration Officer, Returning Officer etc deemed to be on deputation to the State Election Commission: The Observer, District Municipal Election Officer, Municipal Electoral Registration Officer, Returning Officer, etc. referred to in Chapter - II, and any other officers or staff employed in connection with the preparation, revision and correction of electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the State Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission.- 5 -Ex-62/2015 CHAPTER – III ELECTORAL ROLL 16. Electoral roll for every Constituencyand adoption of electoral roll of the Assembly Constituency: (1) For every Local Council Constituency, there shall bepreparedan electoral roll in accordance with the pr ovisions of t hese Rules. (2) Notwithstanding anything contained in these Rules, the State Election Commission may prepare the electoral rolls of Local Councils without conducting an enumeration by adopting the last published electoral rolls of the Assembly Constituencies prepared for the purpose of election to the State Legislative Assembly under the provisions of the Representation of the People Act, 1950 (Act 43 of 1950) as draft roll or mother roll. (3 ) The electoral roll of Assembly Constituency as adopted under sub-rule (2) shall be divided into separate parts for each Local Council Constituency and all electors included in the electoral roll for the Assembly Constituency relating thereto shall be incorporated in the electoral roll of the Local Council Constituency concerned. 17 . Preparationand Revisionof electoral roll: (1) Notwithstanding anything contained in Rule 16, the roll shall be revised either intensively or summarily or partly intensively and partly summarily as the State Election Commission may direct. (2 ) The electoral roll for every constituency shall be prepared by reference to the qualifying date before each general election or mid-term or by-election to the Local Councils. The electoral roll so prepared and published in accordance with the provisions of these Rules may be referred to as the mother roll of the constituency. (3) The electoral rolls under these Rules need not be revised annually or summarily as a matter of course. However, if in the opinion of the State Election Commission, there is sufficient reason so to do, it may, by a notification, order that the electoral roll or rolls of particular constituency or constituencies shall be revised summarily at any time of the year other than the year before or during which the election to Local Councils was conducted. (4) For the purpose of sub-rule (3), re-election to a dissolved Local Council to restore the Local Council for the remaining period of the general term, or by-election to fill any casual vacancy in a Local Council at any time, shall not normally be counted as a sufficient reason for ordering summary revision. (5) Summary revision under sub-rule (3) shall be done in such a way that the Municipal Electoral Registration Officer shall, by reference to the mother roll, invite claims and objections and dispose them of in the manners as provided under the following Rules, and shall publish a list of amendments containing additions or deletions or corrections or all showing the year of such revision, and shall append the lists to the mother roll. The mother roll together with such lists of additions or deletions or corrections or all appended to it, shall become the electoral roll of the constituency.- 6 - Ex-62/2015 1 8 . Disqualifications for registration in an electoral roll: (1)A person shall be disqualified for registration in an electoral roll if he - (a ) is not a Citizen of India; or (b) is not a member of a Scheduled Tribe whose affairs are triable by Village Court under Rule 14 of the Lushai Hills Autonomous District (Administration of Justice) Rules, 1953; or (c) is of unsound mind remaining so declared by a competent court; or (d) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections. (2)The name of any person who becomes so disqualified after having been registered in an elect oral roll shall forthwith be struck off from the electoral roll in which it is registered. (3)Notwithstanding anything contained in clause (b) of sub-rule (1), permanently resident Gorkhas and their direct descendants as notified by the State Government, who are not otherwise disqualified, shall be entitled to be registered in an electoral roll. 1 9 . No person to be registered in more than one constituency: No person shall be entit led to be registered in the electora l roll for more than one cons tituency at a time. 2 0 . No person to be registered more than once in any constituency: No person shall be entitled to be r egistered in t he electoral r oll for any constituency more than once. 2 1 . Conditions of Registration: (1) Subject to the provisions of foregoing Rules in this Chapter, every person who - (a ) is not less than eighteen years of age on the qualifying date, and; (b) is ordinarily resident in aLocal Councilcons tituency for one hundred eighty da ysas on the qualifying date, shall be entitled to be registered in the electoral rollfor that Constitu ency. (2) For the pur pose of clause (b) of sub-rule (1), the expr ession “Ordinarily Resident” shall have the same meaning as assigned to it by section 20 of The Representation of the People Act, 1950 (43 of 1950). 22 . Making false declaration: If any person makes any false declaration in connection with:- (a ) the preparation, revision or correction of an electoral roll, or (b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 2 3 . Order of Names: (1) The names of Electors in each roll shall be a rranged so far as practicable according to house numberof the mother roll. (2 ) T he names of elect or s in each p a r t of t he r oll sha ll b e nu mb er ed, s o fa r a s p r a ct ica b le, cons ecu t ively with a sepa rate series of numbers beginning with the number one.- 7 -Ex-62/2015 2 4 . Electoral roll not to be divided in parts: (1) The electoral roll of aLocal Council constituency shall not be divided in parts b ut shall be numbered consecutively beginning from the number one. (2) Where there are different localities in a constituency, the Municipal Electoral Registration Officer may direct to enter the names of the electors locality- wiseby dividing into sections. This, however, shall not be compulsory but shall be left to the discretion of t he Municipal Electoral Registration Officer. In any case, the serial numbers of the electors shall be cons ecutive all through. 2 5 . Information to be supplied b y o ccupant s: (1) The Municip al Electoral Registration Officer ma y, for the pur pose of preparing electoral r oll, send letter of request in Form 1 to the occupants of any dwelling house in a constituency, if no person is a vailable to give the r equired informa tion on particu lars of the occupants at the time of visit during Int ensive Revision of electoral roll, a nd every person receiving any such letter shall furnish the information called for therein to the best of hisknowledge and ability. (2 ) In case any question arises as to whether a person is ordinarily resident at a place at a relevant time, the instructions prescribed in Form 1 may also be considered by the State Election Commission for the determination of a person’s ordinary residence. 2 6 . Access to certain registers: For the purpose of preparing elector al roll or deciding a ny claim or objection to electoral roll, the Municipal Electoral R egistra tion Officer a nd any person employed by him for the purpose shall have access to anyRegistrar of births and dea ths and to the admission register of any educationa l institution, and it shall be the duty of every person in charge of any such register to give to the sa id officer or person such information and such extra cts from the said register as he may requir e. 2 7 . Publication of electoral roll in draft: As soon a s the electora l roll for a constituency is ready, the Municipal Electoral Regist ration Officer shall publish it in draft, by making a copy thereof available for inspection and displa ying a notice inForm 2- (a ) at his Office, and (b) at such pla ces in the constituency as may be specified by him for the purpose. 2 8 . Further publicity to the draft roll and notice:The Municip al Electoral Registra tion Officer shall also- (a ) make a copy of each draft r oll wit h a copy of the notice inForm 2 available for inspection at a specified place a ccessible to the public and in or near the constituency to which the draft roll relates; (b) give such further publicity to the notice in Form 2 as he ma y consider necessary; and (c ) supply free of cost two copies of each dra ft roll to ever y Polit ical Par tyrecognisedby the Election Commission of India. 2 9 . Period for lodging claims and objections: Every claim for the inclusion of a na me in the roll and ever y objection to an ent ry therein sha ll be lodged within a period of fifteen days from the date of publication of the r oll in draft underRule 27: Provided tha t the State Election Commission , may by a notification, ext end the period not exceeding 15 days in resp ect of a Municipal a reaas a whole or in respect of any constituency. - 8 - Ex-62/2015 30. Form for claims and objections: (1) Every claim shall b e in Form 3 and signed by the person desiring his name to be included in the roll. (2) Every objection to the inclusion of a name in the roll shall be in Form 4 and preferr ed only by a person whose name is already included in the roll in which the name objected to appears. (3) Every objection to a particular or particulars in an entry in the roll shall be in Form 5 and preferred only by the per son to whom that entry relates. 31 . Manner of lodging claims and objections: Every claim and objection shall- (a ) either be presented to the Municipal Electoral Registr ation Officer or to a ny person employed by him in this behalf, who shall forward it with such remar ks as he considers pr oper to the Municipal Electora l Regist ration Officer; or (b) be sent by post to the Municipal Electoral Registration Officer. 32 . Disposal of claims and objections: The Municipal Electoral Registration Officer shall- (a ) ensure that all claims and objections received after draft publication within the prescribed time period are duly disposed of in accordance with law and directions or instructions of the State Election Commission; (b) reject any claim or objection that is not lodged within the period or in the Form and manner specified under Rule 31; (c) hold a summary enquiry into every claim or objection in respect of which a notice has been given and shall record his decision thereon. At the hearing, claimant, or as the case may be, objector and the person objected to and any other person, who, in his opinion, is likely to be assistance to him, shall be entitled to appear and to be heard; (d ) record not only his decision in each case but also brief reasons for the decision; (e) dispose of all the claims and objections within thirty days from the last date of the period for lodging such claims and objections under Rule 29; (f) communicate his decision to every applicant within 24 (twenty four) hours from the date of order made by him to enable the applicants whose applications are rejected to file their appeals within the stipulated period of fifteen days. 3 3 . Final publication of electoral roll: (1) The Municipal Electoral Registration Officer shall thereafter- (a) prepare a list of amendments to carry out his decisions under Rule 32 and to correct any clerical or printing errors or other inaccuracies subsequently discovered in the roll; (b) publish the roll, together with the list of amendments by making a complete copy thereof available for inspection and displaying a notice in Form 6 at his office; and (c) subject to such general or special directions as may be given by the State Election Commission, supply free of cost, two copies of the roll, as finally published, with the list of amendments, if any, to every political party for which a symbol has been exclusively reserved by the Election Commission of India.- 9 -Ex-62/2015 (2 ) On such publication, the roll together with the list of amendments shall be the electoral roll of the constituency. (3) Where the roll, together with the list of amendments, becomes the electoral roll for a constituency under sub-ru le (2) the Municipal Electoral Registration Officer may, for the convenience of all concerned, integrate, subject to any general or special directions issued by the State Election Commission in this behalf, the list in to the basic roll by incorporating inclusion of names, amendments, deletion of entries in the relevant parts of the basic roll itself, so however that no change shall be made inthe process of such integration in the name of any elector or in any particulars relating to any elector, as given in the list of amendments. 34.Appeals from orders deciding claims and objections: (1 ) An appeal shall lie from any decision of the Municipal Electoral Registration Officer under Rule 32 to such officer of Government as the State Election Commission may designate in this behalf (hereinafter referred to as the appellate officer): Provided that an appeal shall not lie where the person desiring to appeal has not availed himself of his right to be heard by, or to make representations to the Municipal Electoral Registration Officer on the matter which is the subject of appeal. (2 ) Every appeal under sub-rule (1) shall be- (a)in the form of a memorandum signed by the appellant and accompanied by a copy of the order appealed against and a fee of Rs.10 (Rupees ten) to be paid- (i) by means of non-judicial stamps, or (ii) in such other manner as may be directed by the State Election Commission, and (b)presented to the appellate officer within a period of fifteen days from the date of announcement of the decision of the Municipal Electoral Registration Officer or sent to that officer by registered post so as to reach him within that period. (3 ) The presentation of an appeal under this Rule shall not have the effect of staying or postponing any action to be taken by the Municipal Electoral Registration Officer under Rule 33. (4 ) Every decision of the appellate officer shall be final; but insofar as it reverses or modifies a decision of the Municipal Electoral Registration Officer, shall take effect only from the date of the decision in appeal. (5 ) The Municipal Electoral Registration Officer shall cause such amendments to be made in the roll as may be necessary to give effect to the decisions of the appellate officer under this Rule. 35 . Breach of official duty in connection with the preparation etc, of electoral rolls: (1 ) If any Municipal Electoral Registration Officer, Asst. Municipal Electoral Registration Officer or other person required by or under this Rule to perform any official duty in connection with the preparation, revision or correction of an electoral roll or inclusion or exclusion of any entry in or from such electoral roll is, without reasonable cause, guilty of any act or commission in breach of such official duty, he shall be punishable with fine which may extend to Rs. 500/- ( rupees five hundred );- 10 - Ex-62/2015 (2 ) No suit or other legal proceedings shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid; (3 ) No court shall take cognizance of any offence punishable under this Rule unless there is a complaint made by an order of, or under the authority from the State Election Commission or the District Municipal Election Officer concerned. CHAPTER IV NUMBER OF VACANCIES, ELECTION NOTICE, NOMINATIONS, SCRUTINY AND SYMBOLS 3 6 . Publication of Locality numbers and vacancies: As soon as may be after the publication offinal electoral rolls under Rule 33 or 34 as the case may be, the State Election Commission, in consultation with theDistrictMunicipal Election Officer, shall publish a list of Local Councils for which election is to be held, giving each Locality a distinctive Localit y number and showing number of vaca ncies t o be filled in ea ch by such elect ion. 37.Notification for General Election to Local Councils: (1) A general election to Local Councils shall be held on or before the expiration of the duration of the existing Local Councils or on their dissolution, if any, and the State Election Commission shall call upon every Constituency to elect members of the Local Council in accordance with this Rule within such time as may be specified in such notification. (2 ) For the purpose of holding elections to fill ordinary or casual vacancies, the State Election Commission shall by a notification in the Official Gazette, appoint – (a)the last date for making nominations which shall be the seventh day after the date of publication of the first mentioned notification or, if that is a public holiday, the next succeeding day which is not a public holiday; (b)the date for the scrutiny of nominations which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (c)the last date for the withdrawal of candidature, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d)the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the fourteenth day after the last date for the withdrawal of candidatures; and (e)the date before which the election shall be completed; (f)the date before which the Executive body of each Local Council shall be formed. (3) (a) Where general election is to be held otherwise on the dissolution of the existing Local Council, no such notification shall be issued earlier than 6(six) months prior to the date on which the duration of the Local Council would expire.- 11 -Ex-62/2015 (b) When a Local Council is dissolved, election to constitute the Local Council for the remaining period of the fixed tenure, shall be completed before the expiry of 6(six) months from the date of its dissolution: Provided that where the period for which such dissolved Local Council would have continued is less than 6(six) months, it shall not be necessary to hold any election to constitute the Local Council for the remaining period. 38 . Timeline for issue of notification: (1) Theperiodbetweenannouncement of schedule of elections to the Local Councilsby the State Election Commissionand issue of notification for the elections to the Local Councils by the State Election Commission sha ll not exceed 14(four teen) days. (2) The notification for elect ion to Local Councils shall be issued on a date, giving time not less than 7(seven) days ahead of the da te appointed for the last date of filing of nominations. (3) The date or dates of poll shall be fixed, leaving at least 21(twenty one) da ys between the date fixed for withdrawal of ca ndidatur e and t he actua l date of poll, for pr eparation of ballot boxes, ballot papers and other election materials. 3 9 . Public notice of intended election and time of nominations:On the issue of a notification by the State Election Commission under Rule 37, the Returning Officer shall, in Form 7, give public notice of the intended election in such form and manner, as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered. 40 . Qualifications of candidates: A person shall not be qualified for chosen to fill a seat in a Local Council if - (a) he is not a citizen of India; (b) he is not a member of a Scheduled Tribe; (c) he has not attained the age of 25 years; (d) his name is not registered in the electoral of the Local Council Constituency concerned; (e) he is member of any other Local Council; (f) if he is an employee or holds any office of profit under the Central Government or State Government or Public Undertakings; (g ) he is of unsound mind and stands so declared by the competent court; or (h) he is, for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offfences in connection with elections; (i) whether before and after the commencement of these Rules, he has been convicted of an offence under the law for the time being in force in India, unless a period of three years has elapsed since his conviction, and if imprisoned, since his release from prison. 4 1 . Filing of nomination: Any person who is qualified t o be a candida te underRule 40ma y offer himself as a candidate and file his own nominationduly countersigned by an witness, who is an elector of the constituency, in Form 8and deliver it in person or by his representative duly author ised in writing at the appoint ed place and within the appointed da tes underRule 37 and 39, between the hour s of eleven O’clock in the for enoon and three O’clock in the afternoon: Provided that no nomination paper shall be delivered to the Returning Officer on a day which is a public holiday.- 12 - Ex-62/2015 42 . Security deposit, refund or forfeiture: (1) A ca ndidate shall deposit a security deposit ofRs. 500/- (rupees five hundred)along with his nomination paper which sha ll be refunded to him at once in the case of his wit hdrawing the candidature, or as early as possible after the conclusion of the election unless he gets forfeited the deposit. (2) The Returning Officer sha ll issue to the candidate a receipt in For m 9 which sha ll be taken back from him in the case of refund of t he deposit. (3) The security deposit of a candidate shall be for feited to the State Government if- (a ) at a n election to fill one vacancy the candidate is not elected and the number of valid votes polled by him is less than one-sixth of the total number of valid votes polled by all candidates; or (b) at a n elect ion to fill two or mor e vacancies the candidate is not elected and the total valid votes polled by him is less than one- sixth of the total votes polled by all the candidates divided by the number of vacancies. 4 3 . Scrutiny of nominations: (1) On the date appoint ed for the scrutiny of nominations underRule 37 and 39, the candidates and one per son duly author ized in writing by each candidate, but no other person, ma y attend at such place a nd time as the Returning Officer may appoint for such scrutiny. T he Retur ning Officer shall give them a ll reasonable facilities for examining the nomination pa pers of all candidates which ha ve been delivered in time. (2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on s uch objection or on his own motion after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds, namely: (a ) that the candidate is either not qualified or disqualified for being elected as a member of Loca l Council under the pr ovisions of the Act or of these Rules; or (b) that there has been a failure to comply with the provisions ofRule 41 or Rule 42; or (c ) that the signature of the candida te/thumb impression on the nomination paper is not genuine: Provided that the nomination of a candidate shall not be rejected merely on the ground of any incorrect description of his name or of any other particulars relating to the candidate as entered in the electoral roll, if the identity of the candidate, as the case may be, is otherwise established beyond reasonable doubt. (3 ) The Returning Officer shall endorse on each nomination paper, his decision, accepting or rejecting the same and, if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. The scrutiny shall be completed on the date appointed in this behalf and no adjournment of the proceedings shall be allowed except where such proceedings are interrupted or obstructed by riot or open violence or for causes beyond the control of the Returning Officer: Provided that in case an objection is made, the candidate concerned may be allowed time to rebut the same not later than the next day and the Returning Officershall record his decision on the date to which the proceedings are adjourned.- 13 -Ex-62/2015 (4 ) Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the Returning Officers shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board. Form 10 - “List of validly nominated candidates” shall be arranged in alphabetical order under the three categories- (a ) Candidates of recognized National and State political parties: (b) Candidates of registered political parties other than those recognised National and State political parties: (c) Other (Independent) candidates. 4 4 . Withdrawal of candidature: (1) Any candidate may withdraw his candidatur e by a written notice inF o r m 11and subscribed by him and delivered befor e three O’clock in the afternoon on the last date fixed underRule 39 for such withdrawal, to the Retur ning Officer either by such candidate or any person author ized by him in writing in that behalf. The Returning Officer shall normally accept such withdr awal and refund the security deposit to the withdrawing candidate. (2) No person who has given a notice of withdrawal of candidature under s ub-rule(1) shall be allowed to cancel the notice. 4 5 . Election without contest: If, after the scr utiny of nominations or expiry of the period within which candidature may be withdra wn, the number of valid candidates is either less than or equal to the number of vacancies to be filled, the Returning Officer shall forthwith declare all the validly nominated candidates elected without contest. 46 . Allotment of symbols and publication of list of contesting candidates: (1) In every contested election under these Rules, a symbol shall be allotted to all contesting candidates. (2) If, immediately after the expiry of the period within which candidatures may be withdrawn under sub-rule (1) of Rule 44, the no. of validly nominated candidates is more than the no. of vacancies to be filled for a Local Council, the Returning Officer shall forthwith consider the allotment of symbols to those contesting candidates who have not withdrawn their candidatures. (3 ) For the purpose of these Rules, symbols are either “reserved” or “free” as shown in Table-I and Table-II respectively in the Appendix. A reserved symbol is a symbol which is reserved for recognized political party for exclusive allotment to a contesting candidate or candidates set up by that party. A free symbol is a symbol other than a reserved symbol. (4 ) For the purposes of these Rules, a recognized political party means a political party as may be recognized by the Election Commission of India as a National Party or a State Party of Mizoram as on the date of notification under Rule 37. (5 ) Subject to the provisions of sub-rule (3), a candidate set up by a recognized political party shall choose, and be allotted, the symbol reserved for that party and no other symbol. (6 ) Subject to the provisions of sub-rule (3), a candidate set up by a registered but unrecognized political party shall be given a preference of choosing any symbol out of the symbols specified as “Free symbols”.- 14 - Ex-62/2015 (7 ) Any candidate other than a candidate of a recognized or a registered but unrecognized political party shall choose and be allotted one of the symbols specified as “free symbols”. If the choices come into conflict, the Returning Officer shall allot” symbols in conformity, as far as possible, with the wishes of the candidate and, if necessary, by lot and his decision shall be final. (8 ) Each candidate or his election agent shall forthwith be informed of the symbol allotted to the candidate and shall be given a specimen thereof. (9 ) A candidate shall be deemed to be set up by a recognized political party if- (a ) the candidate has made a declaration to that effect in his nomination paper; (b) a notice in writing in Form 12 to that effect has, not later than 3:00 p.m. on the last date of withdrawal of candidatures, been delivered to the Returning Officer; and (c) the said notice is signed by the Unit President of the recognized political party. (10) A candidate shall be deemed to be set up by a registered but unrecognized political party if – (a ) the candidate has made a declaration to that effect in his nomination paper, (b) a notice in writing in Form 12 to that effect has, not later than 3:00 p.m. on the last date of withdrawal of candidatures, been delivered to the Returning Officer, (c) the said notice is signed by the Unit President of the registered but unrecognized political party, and (d ) a copy of the letter registering the said political party by the Election Commission of India is enclosed. (11) The Returning Officer shall then prepare a list in Form 13 of all contesting candidates with their distinctive symbols and display it on the wall of Polling Station and also in two or more conspicuous places in the constituency. (12) The list shall contain the names of contesting candidates as prescribed in their nomination papers in alphabetical order and in the same order as specified below:- (a ) candidates of National and State recognized political parties; (b) candidates of registered political parties with a reserved symbol; (c) candidates of registered political parties without a reserved symbol; (d) Other (Independent) candidates. CHAPTER V CONDUCT OF ELECTION 47 . Polling Station: (1) One or more Polling Station shall be set u p for each constituency depending upon the number of electors in the elector al roll of the constituency. At each Polling Station, there shall be set up one or more voting compartments in which elector s can r ecord their votes free from observation. (2) TheDistrict Municipal Election Officer shall provide at each polling station- (a ) a ba llot box or boxes as may be necessary with r eference to the number of electors assigned to it; (b)markedcopies of the electoral r oll of the constituency; (c) ballot papers;- 15 -Ex-62/2015 (d) materials for making voting compartments; (e) arrow cross mark rubber stamp to mark ballot papers; (f)distinguishing mark rubber stamp; (g ) seal of Presiding Officer; (h) indelible ink; (i)statutory and non-statutory forms, other papers and stationery. (3) Outside each Polling Station, there shall be displayed prominently- (a)a copy of t he list of contesting candidates and their distinctive symbols inForm 13; (b)a notice specifying the polling area; and (c)a notice showing the hours of poll. 48 . Appointment ofElection Agentand Polling Agents : (1) Election Agent: (a ) A candidate at an election may appoint, in the prescribed manner any one person other than himself to be his Election Agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner, to the Returning Officer. (b) Any person, who is, for the time being disqualified under these Rules for being a member of a Local Council, shall be disqualified for being an Election Agent at any election. (c) The notice for appointment of an Election Agent shall be in Form 14 and such notice with 2 copies shall be forwarded to the Returning Officer and subject to the conditions of clause (a) & (b), the Returning Officer shall return one copy thereof to the Election Agent after affixing thereon his seal and signature as a token of his authority. (d) An Election Agent may perform such functions in connection with the election as are authorized by or under these Rules to be performed by an Election Agent. (e) Any revocation of the appointment of an Election Agent in Form 15, shall be signed by the candidate, and shall operate from the date on which it is lodged with the Returning Officer. (2) Polling Agent: (a ) The number of Polling Agents that may be appointed by a Contesting Candidate or his Election Agent, shall, in respect of each Polling Station, be one agent and a relief agent. (b)Every such appointment of Polling Agent shall be made inForm 16 and the Polling Agent shall deliver it to the Presiding Officer. (c)No Polling Agent shall be admitted to the Polling Station unless he has delivered to the Presiding Officer the instrument of his appointment under sub-rule(2)(b) after duly completing and signing before the Presiding Officer the declaration contained therein. (d)Any revocation of the appointment of a Polling Agent in Form 17 shall be signed by the Candidate or his Election Agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a Polling Agent before the close of the poll, the Candidate or his Election Agent may appoint in the prescribed manner another- 16 - Ex-62/2015 Polling Agents at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as may be prescribed. (e)A Polling Agent may perform such functions in connection with the poll as are authorised by or under these Rules, to be performed by a Polling Agent. (3) Attendance of a Contesting Candidate or his Election Agent at Polling Station, and performance by him of the functions of a Polling Agent : (a)At every election where a poll is taken, each Contesting Candidate at such election and his Election Agent shall have a right to be present at any polling station provided under Rule 48 for the taking of the poll. (b)A Contesting Candidate or his Election Agent may himself do any act or thing which any Polling Agent of such Contesting Candidate, if appointed, would have been authorised by or under these Rules to do, or may assist any Polling Agent of such Contesting Candidate in doing any such act or thing. (4 ) Non-attendance of polling agent: Where any act or thing is required or authorised by or under these Rules to be done in the presence of the polling agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done. 49 . Fixing the time of Poll: The State Election Commission shall fix the hours during which the poll will be taken and the hours so fixed shall be published by notification in the official gazette: Provided that the total period allotted on any one day for polling shall not be less than eight hours in between 7:00 A.M to 5:00 P.M. 50. Method of Voting: (1) At every election where a poll is taken under these Rules, votes shall be given by ba llot and no votes shall be received by pr oxy. (2) Save as otherwise provided, all electors voting at an election shall exercise their franchis e in person at the Polling Station provided underRule 47. 51 . Ballot Box: (1) There shall be a single ballot boxfor all contesting candidates at each polling station. A ballot box shall be made of strong materials such as plastic, wood iron and shall be constructed in s uch a way that ballot papers can be inserted therein but cannot be withdrawn there-from without the box being unlocked. (2) Every ballot box used at a Polling Station shall bear label outside a nd marked with the name of the Local CouncilConstituency, the number of the locality, and the serial number of the Polling Station if more tha n one Polling Station are set up for one Local Council. (3 ) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the contesting candidates, polling agents and other persons who are present that the ballot box is empty and bears the labels referred to in sub-rule (2). (4 ) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the Polling Agents.- 17 -Ex-62/2015 52 . Ballot Papers: (1) Every ballot paper shall be in Form 20 with a counterfoil portion sha ll be provided a space for signature or thumb impression of elector just above the words“Signature or Thumb Impression” on the right hand side. (2) On each ballot paper the na mes of a ll contesting candidates shall beprinted with their respective symbols in the order in which their na mes are publis hed undersub-rule (12) of Rule 46 in Form 13. (3) The ballot papers s hall be serially numbered and shall be stamped on their reverse by such distinguishing marks, so that the determination of a ballot paper as the original part of a counterfoil can be deter mined or in such a manner as the State Election Commission may direct from time to t ime. 5 3 . Procedure for voting by a voter on election duty: (1 ) A voter on election duty, who wishes to vote, shall, at least five days before the date of poll, approach the District Municipal Election Officer concerned and make an application in Form 21 for the issuance of the ballot paper in order to enable him to cast his vote as may be prescribed by the State Election Commission. (2 ) The District Municipal Election Officer shall, on being satisfied as to the identity of such voter on production of the letter of appointment in connection with the election - (a ) have the person’s name marked in the electoral roll; and (b) issue to such voter a ballot paper and permit him to vote on the spot with instrument provided for the purpose. (3) After recording his vote, such voter shall make over the ballot paper to the District Municipal Election Officer in a sealed cover for onward dispatch to the Returning Officer concerned. (4 ) The District Municipal Election Officer shall keep the counterfoil of such ballot paper in a separate sealed cover and keep the cover containing the ballot paper in his safe custody. 54 . Challenging of identity: (1) Any Polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of rupees ten in cash with the Presiding Officer for each such challenge. (2 ) In the case of challenge made under sub-rule (1) the Presiding Officer shall— (a ) warn the person challenged of the penalty for personation; (b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry; (c) enter his name and address in the list of challenged votes in Form 22; and (d ) require him to affix his signature in the said list. (3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose,- (a ) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity; (b) put to the person challenged any questions necessary for the purpose of establishing his identity require him to answer them on oath; and- 18 - Ex-62/2015 (c) administer an oath to the person challenged and any other person offering to give evidence. (4) If, after the inquiry, the Presiding Officer considers that the challenge has not been established he shall allow the person challenged to vote; and if he considers that the challenge has been established, he shall debar the person challenged from voting. (5 ) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to Government, and in any other case, he shall return to the challenger at the conclusion of the inquiry. 55 . Safeguards against personation: (1) Every elector about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the Presiding Officer or Polling Officer and indelible ink mark to be put on it. (2 ) If any elector refuses to allow his left forefinger to be inspected or marked, in accordance with sub-rule (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark, he shall not be supplied with any ballot paper or allowed to vote. (3 ) Any reference in this Rule to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger of his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of his right hand, and shall, in the case where all his fingers of both the hands are missing, be construed as a reference to such extremity of his left or right arm as he possesses. 56.Identification of electors: (1 ) As each elector enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf shall check the elector’s name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector. (2) Every elector shall produce identity card issued to him under the provisions of the Registration of Electors Rules, 1960 made under the Representation of the People Act, 1950 or any such documents as may be specified, by order, by the State Election Commission before the Presiding Officer or the Polling Officer authorized by him in this behalf, in order to establish his identity at the polling station. (3 ) In deciding the right of a person to cast his vote, the Presiding Officer or the Polling Officer, as the case may be, shall over look the clerical or printing errors in an entry in the electoral roll if he is satisfied that such person is identical with the elector to whom such entry relates. 57. Issue of ballot papers: (1) Before any ballot paper is delivered to an elector, the Presiding Officer sha ll sign his name in full on the back of the ba llot pa per. (2) At the time of issuing a ballot paper to the elector, the signature or thumb impression of the elector sha ll be t aken on the counterfoil of t he ballot paper. No ba llot pa per sha ll be deliver ed to the elector unless he puts his signatur e or thumb impr ession on the counterfoil of the ba llot paper.- 19 -Ex-62/2015 (3) After the elector put his signatur e or thumb impression as at sub-rule (2), the Polling Officer shall recor d on the counterfoil, the serial number of the elector a s at the elect oral roll and then deliver the ballot paper to the elector. (4) The Polling Officer in-charge of the ma rked copy of the elect oral roll shall mark the name of the elector in the marked copy by underlining the entry, and if elect or is a female, put a tick mark also on the left hand side of the name of the elector. (5) No person in the polling s tation shall be allowed to note down the ser ial number of ballot paper issued to a particular elector. (6) Each elector shall be given only one ba llot pa per for each election. Every elector to whom a ballot paper has been issued shall maint ain secrecy of voting and for that purpose observe the voting procedure her einafter laid down. 58 . Voting procedure: (1) On r eceiving the ballot paper, the elector shall- (a ) forthwith proceed to the voting compartment and there, with t he aid of the instruments supplied for the purpose, mark the ballot paper on or near the symbol of the candidate in case of an election for one seat, or on or near the symbols of the ca ndidates in case of mult iple election for more than one seats, for whom he intends to vote; and (b) fold the ba llot pa per first vertically a nd then horizontally so as to conceal his vote and put it into the ballot box kept for the purpose. (2) Every elector shall vote without a ny undue delay and sha ll quit the Polling Station a s soon a s he has voted. (3) No elector shall be allowed to enter a voting compartment when another elector is inside it. (4) If an elector to whom a ballot paper has been issued, refuses after warning given by the Presiding Officer t o observe the procedur e laid down in sub-rule (1), the ballot paper issued to him shall, whether he has recorded his vote therein or not, be taken back from him by the Presiding Officer or Polling Officer under the direction of the Presiding Officer. (5) After the ballot paper has been taken ba ck, the Presiding Officer shall record on its back the words “Cancelled-Voting procedure violated” and put his signature below these words. (6) All the ballot papers on which the words “ Cancelled-Voting procedure violated” are recorded shall be kept in t he cover for unused ballot pa pers, a nd shall in no way be counted as votes. 5 9 . Marking of ballot paper in excess or deficit: (1) If a ny elect or gives votes on ballot paper in favour of more candidates than the vacancy or vaca ncies for filling which the election is held, then a t the counting of votes, his vote shall be inva lid and reject ed as void. (2) If a ny elector gives on the ballot paper in fa vour of less ca ndidates than the vacancies for filling which the multiple election is held, his vote sha ll be valid and counted at the counting of votes. 60 . Recording of votes ofilliterate or blind or infirm electors: 1) If the Presiding Officer is satisfied that owing to old age or blindness or other physica l infir mity or illiteracy, an elector is una ble to recognizethe names of the contesting candidates and their symbolson the ballot paper or to make a mark thereon, the Presiding Officer shall permit- 20 - Ex-62/2015 the elector to take with him a companion of not less t han eighteen years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for folding the ballot paper so as to concea l the vote and inserting it into the ballot box: Provided tha t no person sha ll be permitted to act as the companion of more than one elector at a ny Polling Station on the same day; Pr ovided further that befor e a ny person is permit ted to act a s the compa nion of an elec tor under this Rule, the person sha ll be required to decla re inForm 23tha t he will keep secr et the vote recorded by him on behalf of the elect or and that he has not already acted as the companion of a ny other elector at any Polling Station on that day. (2) The Presiding Officer shall keep a record inForm 24 of all such cases under this Rule. 6 1 . Spoilt and returned ballot papers: (1) An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used a s ballot paper may, on returning it to the Pr esiding Officer or Polling Officer and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so retur ned sha ll be mar ked“Spoilt – cancelled” by Presiding Officer. (2) If a n elector after obtaining a ballot paper desires not to use it he shall return it to the Presiding Officer or Polling Officer and the ballot paper so refused shall be marked“Refused – cancelled” by the Presiding Officer. (3) All ballot papers cancelled under sub-rule (1) or (2) shall be kept in the cover for unused ballot papers. 62 . Adjournment of poll in emergencies: (1) If a t an election the proceedings at any polling station are interrupted or obstruct ed by r iotor open violence, or if at a n elect ion, it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such polling stationor the Returning Officer presiding over such place, as the case may be, shall announce an a djournment of the poll to a da te to b e notified later,and where the poll is so adjourned by a Presiding Officer, he shall forthwith inform the District Municipal Election Officer and the Returning Officer concerned. (2) Whenever a poll is adjourned under sub-rule (1), the Returning Officershall immediately report the circumstances to the appropriate authority and the State Election Commission, and shall, as soon as may be, with the previous approval of the State Election Commission, appoint the day on which the poll shall r ecommence, and fix the polling station or place at which and the hours during which the poll will be ta ken and shall not count the votes cast at such election unt il such adjourned poll shall have been completed. (3) In every such case as aforesaid; the Returning Officer shall notify in such manner as the State Election Commission may direct the date, place and hours of polling fixed under sub-rule (2). 63 . Fresh poll in the case of destruction etc. of ballot boxes: (1) If at any election- (a ) any ballot box used at Polling Station is unlawfully taken out of the custody of the Presiding Officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered- 21 -Ex-62/2015 with to such an extent that the result of the poll at that Poling Station cannot be ascertained; or (b) any such er ror or irregula rity in procedure, as is likely to vitiate the poll, is committed at a Polling Station, the Presiding Officer shall forthwith report the matter to the Retur ning Officer and theDistrictMunicipal Election Officer. (2) There-uponthe State Election Commission sha ll, after taking all material circumstances into account, either- (a ) declare the poll at that P olling S tation to be void; thereafter appoint a day and fix the hour s, for taking a fresh poll at that Polling Station, a nd notify the day so a ppointed and the hours so fixed in such manner as he may think fit ; or (b) issu e such directions to the Returning Officer as it may deem proper for the further conduct and completion of the election, provided the Commission is satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that the error or irregularity in procedure is not material. (3) The provisions of these Rules shall apply to every such fresh poll or re-polls as they a pply to the original poll. 64. Tendered votes: (1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted a s such elector, he shall on sa tisfactorily answering such questions r elating to his identit y as the Presiding Officer may ask, be entitled, subject to the following pr ovisions of this Rule, to mar k a ballot paper (hereinafter in these Rules referred to as a‘Tendered Ballot Paper ’) in the same manner as a ny other elector. (2) Every such person shall, before being supplied with tendered ba llot pa per, sign his name aga inst the entry relating to him in a list inForm 25. (3) A tendered ballot paper shall be the same as the other ballot papers used at the Polling Sta tion except that it shall be- a ) serially the last in the bundle of ballot papers issued for use at the Polling Station; and b) endorsed on the ba ck with the words, “Tendered Ballot Paper” by the Presiding Officer in his own hand a nd signed by him. (4) The elector, after marking a tendered ba llot pa per in the voting compartment and folding it as specified in the related foregoing provsions, shall instead of putting it into ballot box, give it to the Presiding Officer who shall place it in a cover specially kept for the purpose: Provided tha t if there is reasonable ground for believing that the person, by applying for tendered ba llot pa per, ha s committed the offence of personating, the Presiding Officer shall immediately report it to the Police to r egister a case and to arrest him. (5) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet. 65 . Sealing of ballot boxes after poll: (1) As soon as p ractica ble after the closing of the poll, the Presiding Officer shall close the ba llot box, and seal up the box and also allow any polling agent present to affix his seal. (2) The ballot box shall thereafter be sealed and secured.- 22 - Ex-62/2015 (3) Wher e it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first box shall be closed, sealed and secured as provided in sub-rule (1) and (2) before another ballot box is put into use. 6 6 . Ballot paper account of Presiding Officer : The Presiding Officer shall at the close of the poll prepare a ballot paper account inForm 26 and enclos e it in a sepa rate cover wit h the words “Ballot Paper Account of Presiding Officer” superscribed thereon showing the number & name of the Local Council and the date of election on the cover. 67 . Sealing of other packets: (1) The Presiding Officer shall then make int o separ ate packets- (a ) the marked copy of the electoral r oll; (b) the unused ballot paper; (c ) the cancelled ballot pap ers; (d) the cover containing the tendered ballot papers a ndForm 25. ( e) declaration of companion ofilliterate or blind or infirm elector inForm 23with the record inForm 24; a nd (f) any other papers directed byDistrictMunipal Election Officer to be kept in a sealed packet. (2) Each such packet shall be sealed with t he seals of the Presiding Officer and of those polling agents who may desire to affix their seals thereon. CHAPTER VI COUNTING OF VOTES ,APPOINTMENT OF COUNTING AGENT AND SEALING OF ELECTION PAPERS 68. Appointment of place and time for counting of votes,Appointment of Counting Agent, Admission to the place of counting of votes, etc.: (1 ) Appointment of place and time for counting of votes: Counting of votes shall be taken up as soon as possible after the clos e of the poll a nd the Returning Officer shall appoint the place and time of counting of votes and inform the ca ndidates or theirElection agents. The Retur ning Officer may appoint any public servant or serva nts ava ilable as may be necessary to assist him in the counting of votes. (2) Appointment of Counting Agent: (a ) A Contesting Candidate or his Election Agent may appoint in the prescribed manner one or more persons, but not exceeding such number as may be prescribed by the State Election Commission, to be present as his Counting Agent or Agents at the counting of votes, and when any such appointment is made notice of the appointment in Form 18 shall be given, in the prescribed manner, to the Returning Officer. (b) Any revocation of the appointment of a Counting Agent shall be signed by the Candidate or his Election Agent in Form 19 and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such revocation or of the death of a Counting Agent before the commencement of the counting of- 23 -Ex-62/2015 votes, the Candidate or his Election Agent may appoint in the prescribed manner another Counting Agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the Returning Officer. (c)A Contesting Candidate or his Election Agent may himself do any act or thing which any Counting Agent of such Contesting Candidate, if appointed, would have been authorised by or under these Rules to do, or may assist any Counting Agent of such Contesting Candidate in doing any such act or thing. (3)Non-attendance of counting agent: Where any act or thing is required or authorised by or under these Rules to be done in the presence of the counting agents, the non- attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done. 69 . Admission to the place of counting of votes, etc.: (1) The Returning Officer shall exclude from the place fixed for counting of votes all person except- (a ) such person to be known as counting supervisors and counting assistants as he may appoint to assist him in the counting; (b) the candida te/election agent and his counting agentsduly authorized in writing by each candidate; (c ) persons authorized by the State Election Commission, if any; and (d) public servants on duty in connection with the elect ion. (2) Any person who during the counting of votes misconducts himself or fa ils to obey the directions of t he Retur ning Officer may be removed from the place by any Police Officer on duty or by any other person authorized in this behalf by the Returning Officer. (3 ) The Returning Officer shall, before the commencement of the counting, briefly explain the counting procedure to all those allowed admission in the counting place under sub- rule (1) and caution them as to the maintenance of secrecy, the violation of which shall be an electoral offence under Rule 91. 70 . Scrutiny and opening of ballot boxes: The Returning Officer shall sa tisfy himself that t h e ballot box is inta ct, and also allow the candidates pr esent t o inspect the seals on the b a l l o t b o x t o satisfy themselves that it is int act, and thereafter open the ballot box. 7 1 . Scrutiny and rejection of ballot papers: (1) The ballot papers taken out of the ballot box shall be arranged in convenient bundles and scrutinized. (2) It shall be noted clearly and car ried out sever ally tha t in a multiple elect ion, a single ballot paper cons ist of as many votes a s there are va cancies to be filled. There-upon, a particular vote or votes found to be invalid on a ballot paper do not invalidate the whole ballot paper while cer tain votes recorded thereon may be clea r and va lid. (3) The Returning Officer shall reject any ballot paper in whole only if- (a)it is a spurious ballot paper; or- 24 - Ex-62/2015 (b)it bears any mark or writ ing by which the elector can be identified; or (c)no vote is r ecorded thereon; or (d)votes are recorded on it in favour of more candida tes tha n there are vacancies t o be filled; or (e)it is so damaged or mutila ted tha t its identity as a genuine ballot paper cannot be esta blished; or (f)it bears a serial number, or a design different from the serial number or design of the ballot papers authorized for use at the particular polling station; or (g)it does not bear the mark which it would have borne under the provisions ofsub-rule (2) of Rule 52. Provided that where the Returning Officer is satisfied that any such defect a s is mentioned in clause (f) or clause (g) has been caused by any mistake or failure on the part of a Presiding Officer or Polling Officer, the ba llot pa per shall not be rejected merely on t he ground of such defect. (4) Before rejecting any ballot paper under sub-rule (3), the Returning Officer shall allow each candidate pr esent a reasonable opportunit y to ins pect the ballot paper but sha ll not allow him to handle it or any other ballot paper. (5) The Returning Officer sha ll record on every ballot paper which he rejects the letter‘R’ and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp. (6) All ballot papers r ejected under this Rule shall be bundled together. 7 2 . Rejection of particular vote recorded on a ballot paper: The Returning Officer shall reject a particular vote as invalid vote if the mark indicating the vote on a ballot paper is placed in such a manner so as to make it doubtful to which candida te the vote has been given. Provided that a vote shall not be rejected as inva lid merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that t he vote shall be for a particular candidate clearly appears from the way the paper is mar ked. 73. Counting of votes: (1) Each valid vote recorded on ballot paper which is not rejected, shall be counted a s one valid vote: Provided tha t no cover containing tendered ballot papers shall be opened and no such paper shall be counted. (2) The Returning Officer shall count all va lid votes in all valid ballot papers and also the total number of valid votes polled by each candidate.Round-wise counting sheet, counting table- wise results tabulation sheet and round-wise tabulation sheet shall be in Form 27, 28 and 29 respectively. (3) The candidate or his counting agent shall be allowed full view of the counting process and sufficient proximity so as to enable him to discern the votes cast on each ba llot paper and also on the record of votes for tabulation. Under no circumstances shall physica l conta ct with the ballot paper for him or his counting agent be allowed.- 25 -Ex-62/2015 7 4 . Re-count of votes: (1 ) After the completion of the counting of votes under Rule 73, the Returning Officer shall record in the result sheet in Form 30 the total number of votes recorded in favour of each candidate and announce the particulars. (2 ) After the announcement of particulars so made, a candidate or, in his absence his election agent may apply in writing to the Returning Officer to recount the ballot papers either wholly or in part stating the grounds on which he demands such re-count. (3 ) On such an application being made the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject it, in toto if it appears to him to be frivolous or unreasonable. (4 ) Every decision of the Returning Officer under sub-rule (3) shall be in writing and shall contain the reasons therefore. (5 ) If the Returning Officer decides under sub-rule (3) to allow an application either wholly or in part, he shall,- (a ) re-count the ballot papers in accordance with Rules 71, 72 and 73; (b) amend the result sheet in Form 30 to the extent necessary after such re-count; and (c) announce the particulars of amendments so made by him. (6 ) After the total number of votes polled by each candidate has been announced under sub- rule (5), the Returning Officer shall complete and sign the result sheet in Form 30 and no application for a re-count shall be entertained thereafter: Provided that no step under this sub-rule shall be taken on the completion of the counting of votes until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (3) of Rule 73. 75 . Declaration of result of election: On completion of procedures under Rule 73 the Returning Officer shall forthwith, subject to the provisions of Rule 74 declare as elected- (a ) in t he case of multiple election, as ma ny candidates standing at the top of the poll in descending order as there are vacancies to be filled; or (b) in the case of an election to fill one vacancy, the candidate who obtains the largest number of valid vot es. 76 . Equality of votes:If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates and the addition of one vote will lead to any of those candidates being declared elected, the Retu rning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received the additional vote. 77 . Publication of election results: (1) The Returning Offic er sha ll prepar e the election results inForm 30and send the resu lts to the State Election Commission and also to the District Municipal Election Officer. (2) The Returning Officer sha ll also display the election result inForm 30,in t he Notice Boar d of the constituency. (3) On receipt of all the results from theDistrictMunicipal Election Officer or the Retur ning Officer, the State Election Commission shall publish the election results in the Official Gazette.- 26 - Ex-62/2015 7 8 . Grant of certificate of election to returned candidate: As soon as may be a fter the declara tion of the election result, the Retur ning Officer shall gr ant to each returned candidate a cer tificate of election inForm 31. 7 9 . Ballot Paper account of Returning Officer: (1) The Returning Officer sha ll prepare a ballot paper a ccount inForm 32 which shall consist of- (a) total number of ballot papers found in the ballot box or boxes; (b) total number of rejected ballot papers undersub-rule (3) of Rule 71; (c) total number of valid ballot papers i.e. ballot papers which are not rejected; (d) total number of votes contained by the total number of valid ballot papers i.e. total number of valid ballot papers multiplied by total number of vaca ncies to be filled; ( e) tota l number of invalid votes on all valid ballot papers; (f) tota l number of valid votes on all valid ballot papers i.e. (d) minus (e). (2) The Returning Officer shall enclose the ballot paper account in a separ ate cover with the words “Ballot paper account of Returning Officer” subscr ibed thereon and showing the name of t he Loca l Council and the date of counting of votes, and submit the cover to theDistrict Municipal Election Officer along with the elect ion result. 80 . Packet of election papers and sealing: (1) The Returning Officer shall make a packet of election pa pers consisting of- (a ) a bundle of all valid ballot papers; (b) a bu ndle of reject ed ballot pap ers undersub-rule (3) of Rule 71; (c ) a copy of ba llot pa per account of Returning Officer under sub-r ule (1) ofRule 79; and (d) a cop y of election result underRule 77. (2) The packet shall be sealed with the seal of Returning Officer and of those candida tes who may desire to a ffix their sea ls ther eon. (3) The Returning Officer sha ll submit to theDistrict Municipal Election Officer (a ) the packet under this R ule; (b) the cover containing the ballot paper account of Presiding Officer underRule 66; and (c) all other packets underRule 67. 81 . Safe keeping of the packet containing election papers: While in the custody of the District Municipal Election Officer, the packets and cover under sub-rule (3) ofRule 80, shall not be inspected by, or produced before, a ny person or a uthorit y except under order of an Election Tribuna l appointed underRule 86. 82.Custody of ballot boxes and papers relating to election: (1 ) All ballot boxes used at an election shall be kept in such custody as the State Election Commission may direct. (2) The District Municipal Election Officer shall keep in safe custody - (a ) the packets of unused ballot papers with counterfoils attached thereto; (b) the packets of used ballot papers whether valid, tendered or rejected; (c) the packets of counterfoil of used ballot papers ; (d ) the packets of marked copy of the electoral roll; (e) the packets of the declaration by electors: (f) all other paper relating to election and they shall not be opened except under the order of a competent authority.- 27 -Ex-62/2015 83 . Disposal of Election Papers: Subject to a ny direction givenby the State Election Commission or by a competent court or Tribunal – (a ) the packets of unused ballot papers shall be retained for a period of 45 (forty five) days and shall thereafter be destroyed in such manner as the State Election Commission may direct ; (b) the other packets referred to in sub-rule (2) of Rule 82 shall be retained for a period of one year and shall therefore be destroyed: Provided that packets containing the counter foil of used ballot paper shall not be destroyed except with the approval of the State Election Commission; (c) all other papers relating to the election shall be retained for such period as the State Election Commission may direct. CHAPTER VII DISPUTES REGARDING ELECTION 84. Election petition: (1) An election petit ion challenging the validit y of election of any retur ned ca ndidate may be presented by a cont esting candidate of such elect ion on one or more grounds specified inRule 88. (2) No election petition shall be presented on a mere ground – (a ) that the na me of a ny person qua lified to vote has been omit ted from the electora l roll; or (b) that the na me of a ny person not qualified to vote has been included in the electoral r oll. (3) A petitioner shall join as respondents to his p etition any or all contesting candidates at the election. (4) A petitioner may in addition to challenging the validit y of any returned candidate, make fur ther claim that himself shall be declared duly elected. (5) An election petition shall- (a) contain a concise statement of the material facts on which the petitioner relies; (b) set forth with sufficient particulars the ground or grounds on which the validity of an election is challenged; (c ) in t he case of sub-rule (4 ), set forth the ground or grounds on which he claims himself to be decla red as elected; and (d) be companied by a deposit of Rupees three hundred as the petition fee which is not refundab le. (6) An election petition may be submitted to the State Election Commission within twenty-one days from the date of publication of the elect ion result. 85 . Action to be taken by State Election Commission: As soon as may be after the receipt of an election petition the State Election Commission shall – (1) inform theDistrict Municipal Election Officer to reta in packets and other pa pers referred to in Rule 81of the concerned Local Council in respect of which the election petition has been pr esented; a nd- 28 - Ex-62/2015 (2) as soon as possible after the constitution of Election Tribunal under Rule 86, send the election petition to the Election Tribunal for it s disposal. 8 6 . Election Tribunal:The State Election Commission may, by a notification published in t h e official ga zette, constitute an Election Tribunal consisting of a Cha irman a ndtwo Members to hear, examine and dispose of all election petitions under these Rules. 8 7 . Powers of Election Tribunal:It shall be open to the Election Tribunal to- (1) direct the petitioner, all or any of the respondents a nd any other persons t o appear in person whenever it considers necessa ry; (2) enfor ce the at tendance of witnesses; (3) compel the product ion and examination of the pa ckets a nd other papers refer red to inRule 81; and (4) examine the witness es on oath. 8 8 . Grounds for declaring to be void: (1) Subject to the provisions ofsection 4 of the Act, if the Election Tribunal is of the opinion- (a)that on the date of his election a returned ca ndidate was not qualified or was disqualified, to be chosen as a member under these Rules; or (b)that any corrupt p ractice has been committed by a returned ca ndidate or his agent or by any other person with the consent of a returned candida te or his agent; or (c)that any nomination paper has been improperly r ejected; or (d)that the result of the election, in so far as it concerns a returned candidate, has been materially affected – (i) by improper accept ance of any nomination; or (ii) by any corr upt pra ctice committed in the interest of t he retur ned candidate by a person other than t hat candidate or his a gent or a person acting with the consent of such candidate or agent; or (iii) by the impr oper acceptance or refusal of any vote or r eception of any vote which is void; or (iv) by the non-compliance with the provisions of the Act or these Rules or or ders made there-under, the Election Tribunal s hall declare the elect ion of the returned candidate to be void. (2) If in the opinion of the Election Tribunal a returned candida te has been guilty of any cor rupt practice committed by his agent, but the Tribunal is satisfied- (a)that no such corrupt pract ice was commit ted at the election by the ca ndidate, and every such corrupt pract ice was commit ted contrary to the orders, a nd without the consent of the candidate; (b)that the ca ndidate took a ll reasonable means for preventing the commission of cor rupt practices at the election; and (c)that in all other r espects the election was free from any corrupt practice on the par t of the candida te or a ny of his agents, then the Election Tribuna l may decide tha t the Election of the retu rned ca ndidate is not void.- 29 -Ex-62/2015 89 . Decision of the Election Tribunal: (1) It shall be the duty of the Election Tribunal to dispose of any election petition within one hundred twenty days from the date on which the election petition was sent to t hem underclause (b) of Rule 85. (2) At the conclusion of the trial of an election petition, the Election Tribuna l shall make order- (a)dismissing the election petition; or (b)declaring the election of the returned ca ndidate to be void. (3) If the petitioner has, in addition to challenging the validity of the election of any returned candidate, claimed declaration that he himself has been duly elect ed, and the Election Tribunal is of opinion that the claim of t he petitioner is corr ect, the Election Tribunal shall, after declaring the election of t he returned ca ndidate to be void, declare the petitioner to have been duly elected. (4) The Election Tribunal shall report its findings and decisions to the State Election Commission where-upon the State Election Commission shall notify the decision of the Tribunal and a copy of the same shall be sent to the petitioner, the concerned candidate whose election was challenged, the State Government and the District Municipal Election Officer. (5) The decision of the Election Tribunal under this Rule shall be final a nd binding. CHAPTER - VIII ELECTORAL OFFENCES 9 0 . Prohibition of public meeting on the date of poll: (1) No person shall convene, hold or attend any public meeting within any polling area on the date or dates on which a poll is taken for a n elect ion in that polling a rea. (2) Any person who contravenes the provisions of sub-rule (1) sha ll be punishable with fine which may extend to Rupees two hundred. 91 . Maintenance of Secrecy of voting: (1) Every officer, clerk, agent or other person who p erforms a ny duty in connection with the recording or counting of votes at an election sha ll maintain, a nd aid in maint aining, the secrecy of t he voting and shall not communicate to any person any information ca lculated to violate such secrecy. (2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with imprisonment for a term which may extend to6(six )months or with fine or with both. 9 2 . Officer, etc., at elections not to act for candidates or to influence voting: (1) No person who is a Magistr ate or a Presiding Officer or Polling Officer at a n election shall in the conduct of or the mana gement of the election do any act (other than the giving of vote) for the furtherance of the pr ospects of the election of a candidate. (2) No such person as aforesa id, and no member of a Police force, shall endeavour- (a)to persuade any person to give his vote at an election; or (b)to dissuade any person from giving his vot e at an election; or- 30 - Ex-62/2015 (c)to influence the voting of any per son at an election in any manner. (d)any person who contravenes the provisions of sub-rule (1) or sub-rule(2) shall be punishable with imprisonment which may extend to3(three )years or with fine or with both. 93. Prohibition of canvassing in or near polling stations: (1) No person shall, on the da te or da tes on which a poll is taken at any p olling station, commit any of t he following a cts within the polling station or in any public or private place within a distance of one hundr edmetresof t he polling station, namely: (a)canvassing for votes; or (b)soliciting t he vote of any elector ; or (c)persuading a ny elector not to vote for any particular ca ndidates; or (d)persuading any elector not to vote at the election; or (e)exhibiting any notice or sign (ot her tha n an official notice) relating to the elect ion. (2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with imprisonment for a term which may extend to3(three months)or with fine which may extend toRs.1000/- (rupees one thousand). (3) An offence punishable under this Rule shall be cognizable. 9 4 . Penalty for disorderly conduct in or near polling stations: (1) No person shall, on the date or da tes which a poll is ta ken at a ny polling station- (a ) use or opera te within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the huma n voice, such as a megaphone or a loud speaker; or (b) shout or otherwise act in a disorderly manner so as to ca use annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any persons who contravenes, or willfully aids or abets the contravention of, the pr ovisions of sub-rule (1) shall be punishable with the imprisonment which may extend to 3(three months) or with fine or with both. (3) If the Presiding Officer of a polling sta tion has reason to believe tha t any person is commit ting or has committed a n offence punishable under these Rules, he may dir ect any Police Officer to arrest such person, and thereupon the Police Officer shall arrest him. (4) Any Police Officer may take such steps, a nd use such for ce, as may be r easonably necessary for preventing any contravention of the provisions of sub-rule(1), a nd may seize any appar atus used for such contravention. 9 5 . Penalty for misconduct at the polling s tation: (1) Any person who during the hours fixed for the poll at a ny polling station misconducts himself or fails to obey the lawful directions of the Presiding Officer may be removed from the polling stations by the Pr esiding Officer or by any Police Officer on duty or by any person author ized in this behalf by such Presiding Officer. (2) The powers conferr ed by s ub-rule (1) shall not be exercised so as t o prevent any elector who is otherwise entitled to vote at a polling station from having an opportunit y of vot ing at that station.- 31 -Ex-62/2015 (3) If a ny person who has been so removed from a polling station, re-enters the polling sta tion without the express permission of the Presiding Officer shall be punishable with imprisonment for a term which may extend to3(three years) or with fine which may extend to Rs.1000/ -(rupees one thousand) or with both. (4) An offence punishable under sub-rule (3) shall be cogniza ble. 96. Removal of ballot papers from polling station to be an offence: (1) Any person who at a ny election fr audulently takes, or a ttempts to take, a ba llot paper out of a polling sta tion, or willfu lly aids or abets the doing on any such act , shall be punishable with impr isonment for a term which may extend to one year or with fine which may extend to Rs. 500/-(rupees five hundred) or with both. (2) If the Presiding Officer of a Polling sta tion has reason to believe tha t any person is commit ting or has commit ted a n offence punishable under sub-rule (1), such officer may, before such person leaves the polling station, arrest or report to a Police Officer to arr est such person and may search such person or cause him to be sear ched by a Police Officer: Provided tha t when it is necessary to cause a woma n to be searched, the search shall be made by a nother woman wit h strict regard to decency. (3) Any ballot paper found upon the person arrested on search sha ll be made over for safe custody to a Police Officer by the Presiding Officer, or when the search is made by a Police Officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-rule (1) shall be cogniza ble. 97 . Other offences and penalties therefore: (1) A person shall be guilty of an electoral offence if at any election he - (a)fraudulently defaces or fraudulently destroys any nomination paper; or (b)fraudulently defaces, destroys or removes any list, notice or other documents affixed by or under the authority of a Magistrate or the Returning Officer or the Presiding Officer; or (c)fraudulently defaces or fraudulently destroys a ny ballot paper or the official mar k on any ballot paper or any declaration of identity or official envelope used in connection with voting; or (d)without due authority supplies any ballot paper to any person or receives any ba llot from any person or is in possession of a ny ballot paper; or (e)fraudulently puts into any ballot box a nything other than the ballot paper which he is authorized by law to put in; or (f)without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the pur poses of the election; or (g)fraudulently or without due author ity, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such a cts. (2) Any person guilty of an electoral offence under this Rule shall be punishable with imprisonment which may extend to 6(six) months or with fine or with both.- 32 - Ex-62/2015 (3) For the pur pose of this Rule, a person shall be deemed to be on official du ty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be resp onsible after a n elect ion for the us ed ballot papers and other documents in connection with such elect ion. (4) An offence punishable under sub-rule (2) shall be cogniza ble. 9 8 . Penalty for corrupt practice: Whoever commits a corrupt practice at an election shall be punishable with a fine not ex ceeding Rs. 50 0/-(rup ees five hundr ed) rup ees. 9 9 . Breaches of official duty in connection with elections: (1 ) If any person, to whom these Rules apply, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to Rs. 500/- ( rupees five hundred). (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid. (3) The persons, to whom these Rules apply, are the District Municipal Election Officer, Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election. (4) No court shall take cognizance of any offence punishable under these Rules unless there is a complaint made by an order of, or under the authority from the State Election Commission or the District Municipal Election Officer concerned. CHAPTER IX MISCELLANEOUS PROVISIONS 1 0 0 . Civil court not to hav e jurisdictio n: No Civil Court shall have jurisdiction to question the legality of:- (a ) any action taken by the Returning Officer in the discharge of his duties under these Rules; or (b) any action taken by the Presiding Officer and the Polling Officer in the discha rge of their duties under these Rules; or (c ) any decision taken by the Election Tribunal in the discharge of their duties under t hese Rules. 1 0 1 . Requisitioning of premises etc., for election purposes: (1) If it appears to the State Election Commission or the District Municipal Election Officer that in connection with an election to a Local Council- (a ) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or (b) any vehicle or vessel is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport- 33 -Ex-62/2015 of any officer or other person for the performance of any duties in connection with such election, the State Election Commission or as the case may be, the District Municipal Election Officer may by order in writing, requisition such premises or such vehicle or vessel, as the case may be and may make such further orders as may appear to him to be necessary or expedient in connection with the requisitioning in respect of matters including reasonable remuneration to be given therefor: Provided that no vehicle or vessel which is being lawfully used by candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under these Rules until the completion of the poll at such election. (2 ) The requisition shall be effected by an order in writing addressed to the person deemed by the State Election Commission or, as the case may be, the District Municipal Election Officer to be the owner or person in possession of the property. (3 ) Whenever any property is requisitioned under sub-rule (1) the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-rule. (4 ) If any person contravenes any order made under this Rule, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both. (5) In this Rule- (a ) “premises” means any land, building or part of a building and includes a hut, shed or other stru cture or any part thereof; (b) “vehicle” means any vehicle used or capable of being’ used for the purpose of road transport, whether propelled by mechanical power or otherwise; (c) “vessel” means any vessel used or capable of being used for the purpose of water transport, whether propelled by mechanical power or otherwise. 10 2. Staff of every local authority to be made available: Every department of the Central or State Government or other authorities and every educational institution including an aided school or private affiliated college in the State shall when so requested by the State Election Commission or the District Municipal Election Officer make available- (a ) to the Municipal Electoral Registration Officer, such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls; or (b) to the District Municipal Election Officer and any Returning Officer such staff as may be necessary for the performance of any duties in connection with an election. 10 3. Expenses in connection with elections: Funds to meet all expenses in connection with the elections to the Local Councils including those in relation to the preparation of electoral rolls therefor, shall be provided by the State Government. 10 4. Grant of Paid Holiday to Employees on the day of Poll: (1 ) Every person engaged in work in any trade establishment or commercial establishment or industrial establishment or in any other establishment in the private sector who is eligible to vote in the election to Local Councils shall be granted leave on the day of poll.- 34 - Ex-62/2015 (2 ) The wages of any such person shall not be reduced or disallowed on account of the leave granted under sub-rule (1) even though such person is appointed on the basis that, wages will not ordinarily be paid for such date, he shall be paid the wages that would have been received by him on such date, had he not been granted leave for that d ay. 10 5. Power to make Forms: The State Election Commission may prescribe such other forms as may be necessary for revision of electoral rolls and conduct of elections from time to time. 10 6. Repeal and Savings: (1) On and from the commencement of these Rules, the Mizoram Municipalities (Election to Local Councils) Rules, 2011 shall stand repealed. (2 ) Inspite of such repeal, anything done or any action purported to have been done or taken under the Rules so repealed, shall be deemed to have been so done or taken or purported to have been done or taken under these Rules.- 35 -Ex-62/2015 FORM 1 [See Rule 25] LETTER OF REQUEST Place..................................... Date...................................... To, The occupant of House No. ............................................... Sir/Madam, The preparation of the electoral roll for the Local Council Constituency in which you are residing has been taken into consideration. It will greatly facilitate my work if you will kindly complete the statement below after reading the attached instruction and hand it over to my assistant who will call for it. Municipal Electoral Registration Officer STATEMENT Name and Particulars of adult citizens residing in the above premises. Signature ............................... Date ................................ INSTRUCTIONS 1. Enter the names of all persons who have com pleted 18 years of age on or before the 1st day of January of the year in which the El ectoral Roll is so prepared or rev ised or published and who are ordinarily residing in the premises. 2. Only the names of those who are citizens of India should be entered. 3. Enter againstSerial No. 2 in the second column, the names of the head or other senior member of the family, prov ided he or she has the qualifications mentioned in paragraphs 1 and 2 abov e. 4.“Ordinarily resident”does not mean that the person should be actually in the house when you are filling in the form. The persons who normally liv e in the house should be included ev en though they may be temporarily absent, e.g. on a journey or on business or in hospital. On the other hand, a guest or v isitor, who normally liv es elsewhere but happen to be in the house at the time should not be included. 5. All ordinarily residents of the house should be incl uded. But do not enter the name of any person who is a member of the Armed Forces of India or is employed under the Gov ernment of India in a post outside India or the name of such person’s wif e if she ordinari ly resides with him. 6. For ev ery male citizen, enter the name of his father in the3rd column‘F’ in the4th column. 7. For ev ery f em ale ci tizen- i) enter the name of her father in the3rd columnand ‘F’ i n th e4th column ii) if m arried, enter the name of her husband in the3rd columnand ‘H’ in the4th column. 8. For any citizen to which ‘6’ & ‘7’ cannot apply, enter the name of the rel ation and ‘O’ in the4th column. 9. In the5th column, enter the age of the citizen as accurately as possible, giv ing only the number of complete years and ignoring the months as on the qualifying date for the purpose of rev ision. S/NName of citizenName of relationRelationAge12345 1 2 3 4 5- 36 - Ex-62/2015 FORM 1 [See Rule 25] LETTER OF REQUEST Place..................................... Date...................................... To, ................................................. (in neitu/luahtu) House No............................. Ka pi/pu, Kaihhruaina thu i chhiar hnua a hnuaia statement hi i dah khah a, min puituin a rawn lam huna i lo hlan chhawn theih chuan ka hna nasa takin min pui dawn a ni. Municipal Electoral Registration Office STATEMENT Khua leh tui hming leh tul dang a chhunga tarlan in leh a vela cheng. Signature .............................................. Date .................................................... KAIHHRUAINA 1. Electoral Roll buatsaih kum January ni 1-a kum 18 tling chin chunglam leh he khuaa cheng nghet te ziah luh tur a ni. 2. India ram khua leh tui te hming chauh ziah luh tur. 3. Sl. No.2, Column hnihnaah, chhungkua hotu ber/ chhungkuaa kum upa ber chu a chung paragraphs 1 leh 2-na anga tling a nih chuan, a hming ziah luh tur a ni. 4. “Ordinarily resident” han tih hian, he form dahkhah a nih lai taka awm chauh tihna a ni kher lo. Mi tu emaw, chu ina khawsa/ cheng nghet; awm bo zawk. Entirnan - Eizawnna avanga awm bo emaw damdawi ina awm bo pawh ni se, ordinarily resident an ni a, ziah luh tur an ni. Amaherawhchu, mikhual, chu inah eng emaw chen khawsa ni mahsela, hmun dangah in leh lo nei nghet te chu ziah luh ve loh tur a ni. 5. Chhungkaw member cheng nghet hming zaw ng zaw ng chu ziah luh vek tur a ni a, amaherawhchu India sipaia tang lai mek emaw India sawrkar hnuaia thaw k India ram pawna awm mek te chu ziah luh loh tur a ni a, tin an nupui te an hnena cheng an nih paw hin ziah luh loh tur a ni. 6. Mipa an nih chuan Column 3-naah hian Pa hming an ziak ang a, Column 4-naah ‘F’ an dah ang. 7. Hmeichhia chu i) Column 3-naah a pa hming ziah tur a ni a, Column 4-na a ‘F’ tih ziah tur. ii) Pasal nei tawh an nih chuan Column 3-naah pasal hming ziah tur a ni a, Column 4-na ah ‘H’ tih ziah tur. 8. Chhungkaw member dang Sl. No. ‘6’ & ‘7’ a chunga kan tarlan anga fill-up remlo a awm a nih chuan Col umn 4-ah khan ‘O’ tiin dah tur a ni. 9. Column 5-ah hian kum zat hi kum tling zat dik tak ziah luh tur a ni a, ni leh thla tar lan kher a ngai lo ang. S/NKhua leh tui HmingLaichin hmingInlaichinnaKum12345 1 2 3 4 5- 37 -Ex-62/2015 FORM – 2 [See Rule 27] NOTICE OF PUBLICATION OF ELECTORAL ROLL IN DRAFT To, The Electors of the .........................................................................Local Council Constituency. Notice is hereby given that the electoral roll has been prepared in accordance with the Mizoram Municipalities (Election to Local Councils) Rules,2015 and a copy thereof is available for inspection at my office, and at ........................................................................ during office hours. If there be any claim for the inclusion of a name in the roll or any objection to the inclusion of a name or any objection to particulars in any entry, it should be lodged on or before the ............................................................. in form 3, 4 or 5 as may be appropriate. Every such claim or objection should either be presented in my office or to ............................or sent by post to the address given below so as to reach me not later than the aforesaid date. Date............................................ Municipal Electoral Registration Officer Address:.................................................... Place …………………………..- 38 - Ex-62/2015 FORM – 2 [See Rule 27] NOTICE OF PUBLICATION OF ELECTORAL ROLL IN DRAFT To, The Electors of the .........................................................................Local Council Constituency. The Mizoram Municipalities (Election to Local Councils) Rules, 2015 kaihhruaina hnuaiah Electoral Roll buatsaih a ni a, a copy hi ka Office-ah leh ........................... ah Office hun chhungin en fiah theih a ni. Electoral Roll-a hming ziah luh belh emaw hming ziah luh belh chungchang sawisel tur nei emaw hming ziah luh tawh saa sawisel duh neite chuan ni ...................... ah emaw hmain emaw Form 3, 4 or 5 hmangin theh luh tur a ni. Dilna emaw sawisel tur neite chuan ka Office-ah emaw ...................... emaw dakah a hnuaia address tar lanah hian hun tiam chhunga rawn theh lut tura hriattir an ni e. Date............................................ Municipal Electoral Registration Officer Address:.................................................... Place …………………………..- 39 -Ex-62/2015 FORM – 3 [See Rule 30(1)] APPLICATION FOR INCLUSION OF NAMEIN ELECTORAL ROLL To, The Municipal Electoral Registration Officer, ....................................................Local Council Constituency. Si r, I request t hat my name be included in the electoral roll for the Local Council Constituency of ............................................................................................... My name (in full) .................................................................................. My Father’s/ Mother’s/ Husband’s Name ......................................................... Particulars of m y place of residence are :- House No. .............................................................. Street ...................................................................... Village .................................................................... Post Of fice .............................................................. Police Station .......................................................... District ………......................................................... I hereby declare that to the best of m y knowledge and belief:- (i) I am a citizen of India ; (ii) My age on the first day of January ……… was ................. years and ....................... months ; (iii) I am ordinarily resident at the address giv en below :- ………………………………………………………………………………………….. (iv) I hav e not applied for the inclusion of my name in the electoral roll for any other Local Counci l Constituency : (v) My name has not been included in the electoral roll for this or any other Local Council Constituency. or My name may have been included in the electoral roll of ……............................ Local Counci l in which I was ordinarily resident earlier at the address m entioned below and, if so, 1 request that the same may be excluded from that el ectoral roll. Full Address of earlier place of ordinary residence:- ………………………………………………………. ………………………………………………………. Date ........................ Place .................................................................... Signature or thumb impression of the Applicant Contact No: ________________ Record of action takenThe application in Form - 3 of Mr/Mrs/Miss...................... of .......................... has been - (a) accepted and his/her name is included in the electoral roll of....................................... …………………………..................Local CouncilConstituency, or (b) rejected for the reason............................................................................... ……..………………………………………………………………………………………………..………………………………………………………………………………………… Date ................................... Place ……………………..Municipal Electoral Registration Officer (Seal) - 40 - Ex-62/2015 FORM -3 [See Rule 30 (1)] APPLICATION FOR INCLUSION OF NAME IN ELECTORAL ROLL To, The Municipal Electoral Registration Officer, .......................................... Local Council Constituency Ka pu, Khawngaih takin ........................................... Local Council Constituency-ah ka hming min thun luhsak turin ka ngen a che. Hming (a pumin) .......................................................................... Pa hming/Nu hming/ Pasal hming ............................................. Ka address kim chang chu :- House No............................ Street.................................. Village................................. Post Office......................... Police Station..................... District................................ A hnuaia ka thusawi te hi a dik ngei a ni tih ka puang e:- i) India khua leh tui dik tak ka ni; ii) 1st January …………..ah kum ………… leh thla……….ka ni; iii) A hnuaia address ziaka cheng/khawsa ngei ka ni:- ………………………………………………………………………………… iv) Local Council Constituency dang Electoral Rolls-ah ka hming thun ka dil lo; v) Ka hming hi a chunga Local Council Constituency Electoral Rolls-ah leh Local Council Constituency dang Electoral Rolls-ah a la chuang lo. emaw Ka hming hi ka lo awm tawhna .............................................. Local Council Constituency Electoral Rolls a hnuaia address ka rawn tar lanah hian a lo chuang a nih chuan paih ka rem ti e. Ka address hmasa chu:- ………………………………………………… ………………………………………………… Place .....................……………………….. Date.......................Diltu Signature emaw kutzungpui thla Contact No: …………………….. Record of action takenPi/Pu/Nl/Tv..............................................................of…………………………………….in Form-3 hmanga a dilna hi – (a) pawm a ni a, a hming hi …………………………………………. Local Council Constituency electoral roll ah thun a ni emaw (b) hnawl a ni a, hnawl a nihna chhan chu........................................................................................................... ………………………………………………………………………......………………………………… Date……………………Municipal Electoral Registration Officer Place………………….. (Se al) - 41 -Ex-62/2015 FORM 4 [See Rule 30(2)] APPLICATION FOR OBJECTING INCLUSION OR SEEKING DELETION IN ELECTORAL ROLL To, The Municipal Electoral Registration Officer, .....................................................Local Council Constituency S i r, I object to the inclusion of the name of ………….......................................................... at Serial No. …....................................... of the electoral roll of.............................................Local Council Constituency for the following reason (s) :- …………………………………………………………… …………………………………………………………… …………………………………………………………… I hereby declare that the facts mentioned above are true to the best of my knowledge and belief. My name has been included in the electoral roll for this constituency as follows:- Name in full....................................................................... Father’s/Mother’s/Husband’s Name............................................................... Serial No.............................................................. Part No................................................................. ................………………………………….. Signature or thumb impression of the objector (Full postal address)...................................... NOTE : Any person who makes a statement or declaration which is false and which he either knows or believes to be false or does not believe to be true is punishableunder Rule 22 of the Mizoram Municipalities(Election to Local Councils) Rules, 2015and provisions under the appropriate law including Indian Penal Code. Record of action takenThe objection in Form–4 lodged by Mr/Mrs/Miss ……................................. .......................................... of ........................................................ has been – (a) accepted and the entry of the name of .................................................................. Serial No. ............................ of the electoral roll of ......................................Local Council shall be deleted; or (b) rejected for the reason ............................................................................ ……………………………………………………………….............……………… Date ................................. Municipal Electoral Registration Officer, Place …………………….. (Seal) - 42 - Ex-62/2015 FORM 4 [See Rule 30(2)] APPLICATION FOR OBJECTING INCLUSION OR SEEKING DELETION IN ELECTORAL ROLL To, The Municipal Electoral Registration Officer, ..................................................... Local Council Constituency Ka pu, ............................................... Local Council Constituency hnuaia Serial No. …......... Hming ........................................................ hi heng a hnuaia chhan leh vang hian electoral roll a hming awm hi paih turin ka ngen a che. …………………………………………………………… …………………………………………………………… …………………………………………………………… A chunga thu te hi a dik ngei a ni tih ka puang e. Electoral Rol-ah hetiang hian ka hming thun a ni:- Hming (a pumin) …………………………………………………………. Pa/Nu/Pasal hming ………………………………………………………. Serial No ………………………………………………………………… Part No&Name ………………………………………………………….. …………………………...........………….. Diltu signature emaw kutzungpui thla (Full postal address)................................. Contact No: ……………………………….. Note : Mi tu pawhin thudik lo leh thudik lo nia hriat a sawi chuan Rule 22 of the Mizoram Municipalities (Election to Local Councils) Rules, 2015 leh Indian Penal Code hmangin hrem theih a ni. Record of action takenPi/Pu/Nl/Tv...................................................................of…………………………in Form-4 hmanga a dilna hi – (a) pawm a ni a, a hming ........................................................, ............................. Local Council Constituency Electoral Roll SI.No........................a mi hi paih a ni ang. emaw (b) hnawl a ni a, hnawl a nihna chhan chu................................................................................ ……………………………………………………………………………….………………….. Date……………….Municipal Electoral Registration Officer Place……………… (Seal) - 43 -Ex-62/2015 FORM 5 [See Rule 30(3)] APPLICATION FOR CORRECTION TO PARTICULARS IN ELECTORAL ROLL To, The Municipal Electoral Registration Officer, ……………………………………Local Council Constituency, S i r, I submit that the entry relating to myself which appears at Serial No. ...................... of the electoral roll of ................................................................................... is not correct. It should be corrected to read as follows: “………………………………………………………………………………………………… ...……………………………………………………………………………………………….” Place .................................................…..……....…………… Date ..........................................Signature or thumb impression of the elector Contact No:________________ NOTE : Any person who makes a statement or declaration which is false and which he either knows or believes to be false or does not believe to be true is punishableunder Rule 22 of the Mizoram Municipalities(Election to Local Councils) Rules, 2015 and provisions under the appropriate law including Indian Penal Code. Record of action takenThe objection in Form-5 lodged by Mr/Mrs/Miss ……….................................... …….…………………….......…..................... of ……...……......…................................................... ............................................... has been - (a) accepted and the relevant entry has been corrected to read as follows :- ……………………………...........……………………………………………........ ……………………………………...........……………………………………........ (b) rejected for the reason ......................................................................................... Date....................................... Municipal Electoral Registration Officer Place ……………………….(Seal) - 44 - Ex-62/2015 FORM -5 [See Rule 30(3)] APPLICATION FOR CORRECTION TO PARTICULARS IN ELECTORAL ROLL To, The Municipal Electoral Registration Officer, ..................................................... Local Council Constituency Ka pu, Local Council Constituency Electoral Roll SeriaI No………….........a ka chungchang tarlan hi a dik lo a, a hnuaia mi ang hian tihdik tur a ni:- “…………………………………………………….......………………………………. .................…………………………………………………………………………….” Place ………………….……....……………….............………. Diltu Signature emaw kutzungpui thla Date……………………Contact No:…….....………………….. Note: Mi tu pawhin thudik lo leh thudik lo nia hriat a sawi chuan Rule 22 of the Mizoram Municipalities (Election to Local Councils) Rules, 2015 leh Indian Penal Code hmangin hrem theih a ni. Record of action takenPi/Pu/Nl/Tv......................................................... of ……..…..………………………. in Form - 5 hmanga a dilna hi - (a)pawm a ni a, a hnuaia mi ang hian tihdikna siam tur a ni. …………………………………………………………………….....………… ………………………………………………………………………….....…… (b)hnawl a ni a, hnawl a nihna chhan chu,…………………………..………… ……………………………………………………………………….....……… Date……………………… Place……………………..Municipal Electoral Registration Officer (Seal) - 45 -Ex-62/2015 FORM 6 [See Rule 33] NOTICE OF FINAL PUBLICATION OF ELECTORAL ROLL It is hereby notified for public information that the list of amendments to the draft electoral roll for the...............................................(No. & Name)Local Council Constituencyof ……………………..District has been prepared with reference to......................................................as the qualifying date and in accordance with the Mizoram Municipalities(Election to Local Councils) Rules, 2015. A copy of the said roll together with the said list of amendments has been published and will be available for inspection at my office. Date .......................................... Place ........................................... Municipal Electoral Registration Officer, Address: …........………………………….. ………....……………………….. FORM 6 [See Rule 33] NOTICE OF FINAL PUBLICATION OF ELECTORAL ROLL The Mizoram Municipalities(Election to Local Councils) Rules, 2015 dung zuiin .............................. (No. & Name) Local Council Constituency of ................................ District Draft Electoral Rolls siam thatna chu ............................................... a kum tling chhutin siam a ni a. Chu Roll siam that chu tihchhuah niin, ka Office-ah en theih a ni e. Date .......................................... Place ...........................................Municipal Electoral Registration Officer, Address: ......…...………………………….. ...……...…………………………..- 46 - Ex-62/2015 FORM 7 [See Rule 39] NOTICE OF ELECTION Notice is hereby given that:- (1) an election is to be held of a member to the Local Council in the …….......…………….. (No. & Name) Local Council Constituency; (2) nomination papers may be delivered by a candidate to the Returning Officer/ Asst. Returning Officer at ……………………………….. between 11:00 A.M and 3:00 P.M on any day (other than public holiday) not later than the …………………………… (date) ; (3) forms of nomination paper may be obtained at the place and time aforesaid; (4) the nomination papers will be taken up for scrutiny at …………………………………….. (place) on……………………… (date) at……………………………….. (hour); (5) notice of withdrawal of candidature may be delivered either by a candidate or by his election agent who has been authorized in writing by the candidate to deliver it to either of the officers specified in paragraph (2) above at his office before 3 P.M. on the……………………………(date) ; (6) a candidate shall deposit rupees five hundred along with his nomination paper; (7) in the event of the election being contested, the poll will be taken on …………………. between the hours of…………………. and ………………………. ; (8) the counting of votes will commence on ……………… (date) at …………………. (place) at ……………………… (hour) or immediately after the poll is over. Date ………………………………Returning Officer Place ……………………………. No. & Name of Local Council …………….- 47 -Ex-62/2015 FORM 7 [See Rule 39] NOTICE OF ELECTION Hetiang hian hriattirna chhuah a ni:- (1) ………………….. (No. & Name) Local Council Constituency-a Local Council Member thlanna neih tur a ni a; (2) inthlan chuh tumte’n Returning Officer/ Assistant Returning Officer hnenah dar 11:00 Am - 3:00 Pm chhungin eng niah pawh (Sawrkar chawlh anih loh chuan) nomination lehkha te ni ............................ aia tlai lovah theh luh tur a ni. (3) nomination Form-te chu a chunga hun leh hmun tar lanah lam theih a ni ang; (4) nomination lehkhate chu a dik leh dik loh ni ....................... (date) dar ............. ah ....................... (hmun) ah endik a ni ang; (5) inhnukdawk leh duhte chuan, anmahni emaw an aiawh election agent ziaka thuneihna a pekin a chung paragraph (2) a tar lanah ni ......................... (date) 3:00 Pm hmain hriattir tur a ni; (6) candidate te chuan dahkham cheng zanga, nomination lehkha theh luh rualin an dah tel tur a ni; (7) inthlanna hi neih a ngaih chuan ni .............................. (date) dar ............................ atangin dar ...................... thlengin neih tur a ni ang; (8) vote chhiar te hi ni ........................... (date) dar ..................................... atangin emaw vote thlak zawh veleh neih tur a ni. Date ………………………………Returning Officer Place ……………………………. No. & Name of Local Council ………... - 48 - Ex-62/2015 FORM 8 [See Rule 41] NOMINATION PAPER Part – I Election to the Local Council of __________________________(No & Name) 20……… 1.Name: 2.Father’s/Mother’s/Husband’s Name: 3.Age & Date of Birth: 4.Sex: 5.Educational Qualifications: 6.Address: 7.No & Name of Local Council: 8.Sl.No in the Electoral Roll: 9.Date & Time of filing Nomination: 10. Citizenship: 11. Religion: 12. Place of birth: 13. Occupation: Part – II (CANDIDATE’S DECLARATION) I, _________________________ the candidate mentioned in Part-I assent to this nomination and hereby declare:- 1)that I have completed _________ years of age; 2)that I am not a member of any other Local Council; 3)that I am a voter of ______________Local Council Constituency; 4)that I am set up at this election by the ______________________ party; 5)that symbols I have chosen are, in order of preference i) _________________ii)__________________iii)_________________ 6)that I am not disqualified for being elected to fill the said seat in the Local Council as required under Rule 40 of the Mizoram Municipalities (Election to Local Councils) Rules, 2015; 7)that I am not an unsound mind and stands so declared by a competent Court of Authority; 8)that my Name and Father’s/Mother ’s/Husband’s Name have been correctly spelt out above in __________________ (name of language); 9)that the Code of Conduct prescribed by the State Election Commission has been read by me/read over to me and I will abide by it; 10)that I have deposited a security deposit of Rs. 500/- as prescribed under Rule 42(1). 11)that I am not holding any office of profit under the Central Government or the State Government. 12)that to the best of my knowledge and belief, I am qualified and not disqualified for being elected to fill the seat of the said Local Council; Witness: (………………………….)(………………………….) Signat ure Signature (………………………….)(………………………….) Name (Capital Letter)Name (Capital Letter) Sl.No in the E/Roll………….. Date……………………..Date…………………… Place……………………Place…………………. - 49 -Ex-62/2015 Part-III(To be filled by the Returning Officer) Serial No. of Nomination Paper ………………………………………….. This nomination paper was delivered to me at my office at ………...............……….(hour) on …………....… (date) by the candidate. Signature of the Returning Officer or other authorised person Part-IV(Decision of Returning Officer accepting or rejecting the nomination paper) I have examined this nomination in accordance with Rule 43 and decided as follows: Date: ___________Accepted/RejectedPlace:___________Returning Officer —————————————————— (Perforation) ————————————————- Part-VRECEIPT FOR NOMINATION PAPER AND NOTICE FOR SCRUTINY (To be handed over to the Candidate while filing the nomination paper) Serial No. of Nomination Paper …………………………………………… The Nomination Paper of …………………………., a candidate for election to Local Council of …………………………………(No. & Name), was delivered to me at …………………. (hour) on ……………….. (date) by the Candidate. All Nomination Papers will be taken up for scrutiny at …………………… (hour) …………. on ………………. (date) at …………………….. (place). Date: ……………………….Returning Officer Place: ……………………..- 50 - Ex-62/2015 FORM 9 [See Rule 42] RECEIPT OF SECURITY DEPOSIT Part ‘B’ HOW DISPOSED OF Date .............................. Refunded/forfeited Signature Returning Officer of Candidate No & Name of L/C Constituency ..................................................P a r t ‘ A’ No ................. Date ................... Received a sum of Rs. 500/- (Rupees five hundred) only from Pi/Pu ............................. of ..................................... on account of secu- rity deposit for his nomination for L/C election. Returning Officer, No & Name of L/C Constituency ..................................................P a r t ‘ A’ No ................. Date ................... Received a sum of Rs. 500/- (Rupees five hundred) only from Pi/Pu ............................. of ..................................... on account of secu- rity deposit for his nomination for L/C election. Returning Officer, No & Name of L/C Constituency .................................................. Part ‘B’ HOW DISPOSED OF Date .............................. Refunded/forfeited Signature Returning Officer of Candidate No & Name of L/C Constituency .................................................. FORM 10 [See Rule 43(4)] LIST OF VALIDLY NOMINATED CANDIDATES Election to Local Council of …………………………….. (No & Name) 20…… Place:Returning Officer Date:S.No. Name of the CandidateName ofAddress ofParty Father/Mother/HusbandCandidateaffiliation, if any(1)(2)(3)(4)(5) 1 2 3 4 5- 51 -Ex-62/2015 F O RM 11 [See Rule 44] NOTICE OF WITHDRAWAL OF CANDIDATURE Election to the Local Council of ……………….....……………….. (No. & Name) 20……. To, The Returning Officer, ……………………….. I, …………………………………………………. a candidate nominated at the above election do hereby give notice that I withdraw my candidature. Place ………………… Date ………………….Signature of nominated candidateThis notice was delivered to me at my office at ……….………. (hour) on ……….……….. (date) by ……………………………. (name), the ** ………………………………. Place ...............................……...…………… Date ................................Returning Officer ——————————————--——— (Perforation) ————————————————— Receipt for Notice of Withdrawal (To be handed over to the person delivering the notice) The notice of withdrawal of candidature by ………………………….. a nominated candidate at the election to Local Council of ……………………. (No. & Name) was delivered to me by the ** ………………………. at my office at …………………… (hour) on …………………. (date). ……...…………… Returning Officer ** Here insert one of the following alternatives as may be appropriate:- (1) Candidate (2) Candidate’s Election Agent who has been authorized in writing by the candidate to deliver it. (3) A person authorized in writing by the candidate to deliver it.- 52 - Ex-62/2015 Form 12 [See Rule 46(9) &(10)] NOTICE AS TO NAMES OF CANDIDATES SET UP BY THE RECOGNISED/REGIST ERED POLITICAL PARTY Election to the Local Council of ……………………………….. (No. & Name) 20……. To, The Returning Officer, ………………………………………………………… Subject :Notice regarding setting up of candidates in the Election toLocalCouncil from ……………………………….. (No. & Name). Sir/M adam, I hereby give notice that the following persons have been set up by ……………………………………………. Party as its candidate(s) at the Election to be held on the ……………………………………………… for election of Members from theLocal Council Constituency of ……………………………………….. (No. & Name) as shown against each of the candidates. Yours faithfully, Signature ______________________________ Name of Unit President ( ) (Seal)S/NName of SponsoredFather’s/Mother’s/Address CandidatesH us band’s Name1 2 3 4 5 6 7- 53 -Ex-62/2015 FORM 13 [See Rule 46(12)] LIST OF CONTESTING CANDIDATES Election to the Local Council of ……………………………….. (No. & Name) 20……. The poll will be taken on ……..…………………..(date) at …….……………….. (place) between the hours of …………….. A.M. to ………….. P.M. Date................................................... Returning Officer Place : ………………………………No. & Name of Local Council.................. Sl. Name of CandidateFather’s/Mother’s/Party Symbol allotted No.Husband’s nameAffilliation- 54 - Ex-62/2015 FORM 14 [See Rule 48(1)(c)] APPOINTMENT OF ELECTION AGENT Election to the Local Council of ……………………………….. (No. & Name) 20……. To, The Returning Officer, …………………………………… I, …………………………………….. (name) of ……………….……………....... (address), a candidate at the above election, do hereby appoint …………………………...…………… of ……………………………… (address) as my Election Agent from this day at the above election. Place ……………………….................................... Date ……………………….. Signature of Candidate I accept the above appointment Place ……………………….. Date ……………………….....……….…………… Signature of Election Agent Approved Signature and seal of the Returning Officer FORM 15 [See Rule 48(1)(e)] REVOCATION OF APPOINTMENT OF ELECTION AGENT Election to the Local Council of ……………………………….. (No. & Name) 20……. To, The Returning Officer, …………………………………… I, ..…………………………………………….., a candidate at the above election, hereby revoke the appointment of Pi/Pu ………………………………………… as my Election Agent. Place ……………………….................................... Date ……………………….. Signature of Candidate- 55 -Ex-62/2015 FORM 16 [See Rule 48(2)(b)] APPOINTMENT OF POLLING AGENT Election to the Local Council of ……………………………….. (No. & Name) 20……. To, The Presiding Officer, …………………………………… I, …………………………..................................…………. a Candidate/Election Agent* of Pi/Pu …………………………….. …………………………………………. who is a candidate at the above said election do hereby appoint Pi/Pu ………………………………………. as a Polling Agent at Polling Station of ……..…………… (No.& Name) Local Council Constituency. Place:Signature of Candidate/Election Agent Date: I agree to act as Polling Agent Place: Signature of Polling Agent Date: DECLARATION TO BE SIGNED BY THE POLLING AGENT BEFORE THE PRESIDING OFFICER I, ………………………… Polling Agent of Pi/Pu …………………………….. do hereby declare that at the Election to the Local Council Constituency of …………………………………. (No. & Name) I will not do anything that may violate the secrecy of the election or any provision of the Act or Rule 91 of the Mizoram Municipalities (Election to Local Councils) Rules, 2015 in connection with this election. Signature of Polling Agent (date) Signed before me and accepted Presiding Officer Place: Date *Strike off whichever is not applicable.- 56 - Ex-62/2015 FORM 17 [See Rule 48(2)(d)] REVOCATION OF APPOINTMENT OF POLLING AGENT Election to the Local Council of ….…...............……………………….. (No. & Name) 20……. To, The Presiding Officer, …………………………………… I, ………………………….................................................…………. * the Election Agent of Pi/Pu ……………..………….......………………, a candidate at the above election, hereby revoke the appointment of Pi/Pu …………….......……………………. as my/his Polling Agent. Place: Signature …………………………… Date: Name………………………………….. Candidate /Election Agent _____________________________________________________________________________________________ *Strike out the word(s) not applicable- 57 -Ex-62/2015 FORM 18 [See Rule 68(2)(a)] APPOINTMENT OF COUNTING AGENT Election to the Local Council of ….…..........................……………….. (No. & Name) 20……. To, The Returning Officer, …………………………………… I, ........................, * a candidate/the election agent of......................................who is a candidate at the above election, do hereby appoint the following persons as my counting agents to attend the counting of votes at.................................................... (place). Name of the Counting AgentsAddress of the counting agent1. ………………………………................…………..………………… 2. ………………………………............................……………………. 3. ……………………………….......................……………..………… etc. Signature of Candidate/Election Agent. We agree to act as such Counting Agents 1. ………………………………. 2. ………………………………. 3. ………………………………. Signature of Counting Agents Place.................................... Date.................................. Declaration of Counting Agents (To be signed before the Returning Officer) We hereby declare that at the above election we will not do anything forbidden by Rule 91 of the Mizoram Municipalities (Election to Local Council Rules) 2015, which we have read/has been read over to us. 1. 2. 3. etc. Date................................... Signature of counting agents Signed before me. Date.................................. Returning Officer - 58 - Ex-62/2015 FORM 19 [See Rule 68(2)(b)] REVOCATION OF APPOINTMENT OF COUNTING AGENT Election to the Local Council of ….….........................……………….. (No. & Name) 20……. To The Returning Officer, …………………………………… I, ..........................., [the election agent of..........................] a candidate at the above election hereby revoke the appointment of...................... my/his counting agent. Date............................... Signature of person revoking. Place..............................- 59 -Ex-62/2015 FORM 20 [See Rule 52] BALLOT PAPER COUNTERFOIL Election to the Local Council of ….…..................…………………….. (No. & Name) 20……. Serial No. of Ballot Paper ............................... Elector’s Serial number in the Electoral Roll………………………………..……….. Signature or thumb impression of the elector ————————————————— (Perforation) ————————————————— BALLOT PAPER Serial No. of Ballot Paper............................... No & Name of Local Council Constituency ............................................... S l.No.Name of CandidateS ym bo l All ottedSl.No.Name o f Can did ateSy mbol Allotted1 Bia k mu a na Hand13 HmingmuanaSun W itho ut Rays2 Bu a ng a Hand14 Lalth anzamaSun W itho ut Rays3 Dins a ng a Hand15 MawiaSun W itho ut Rays4 Hminghlua Hand16 RomawiaSun W itho ut Rays5 Hriata Hand17 Siamm awiaSun W itho ut Rays6 L allia na Hand18 Th ans iamaSun W itho ut Rays7 Hmingmuana S tar19 DuhkimaAxe ( Hrei pu i)8 Lalthan zama S tar20 LalringaHat ( L uk hu m)9 Mawia S tar21 Ma ls aw maLant ern ( Laltin)10 Romawia S tar22 RindikaLeaf (Thinghnah)11 Siammawia S tar23 Tl a n ki m aMug ( Not un g)12 Thansiama S tar24 Za k a paNeckl ace (Thi)- 60 - Ex-62/2015 FORM 21 [See Rule 53] APPLICATION FOR CASTING OF VOTE BY A VOTER ON ELECTION DUTY Election to the Local Council of ….….........................……………….. (No. & Name) 20……. To, The Municipal Election Officer, ___________________________ S i r, I intend to cast my vote in the ensuing Election to the Local Councils from ___________________________ (No. & Name) Local Council Constituency by means of Ballot Paper for Electors on Election Duty. My name is entered at Sl. No. _______ in Part No. ________ of the Electoral Roll of ______________________________ (No. & Name) Local Council Constituency. I have been appointed/deployed to perform election duty and copy of my appointment/deployment letter is attached herewith. I request that a ballot paper be issued to enable me to cast my vote as per procedures prescribed by the State Election Commission, Yours faithfully, Enclo: As stated above. Signature: __________________ Name: ______________________ Designation: ________________ Contact No.:_________________ - 61 -Ex-62/2015 Date: ………………….. Signature of Presiding Officer FORM 22 [See Rule 54(2)(c)] LIST OF CHALLENGED VOTES Election to the Local Council of ….….........................……..………….. (No. & Name) 20…….Serial No. of entryName of electorSl.No. of Elector ’s name in the E/RollSignature or thumb impression of the person challengedAddress of the person challengedName of identifier, if anyName of ch allengerOrder of Presiding OfficerSignature of ch allenger on r eceivin g refund of deposit- 62 - Ex-62/2015123456789 FORM 23 [See Rule 60(1)] DECLARATION BY THE COMPANION OF BLIND ORILLITERATEOR INFIRM VOTERS Election to the Local Council of ….….........................……………….. (No. & Name) 20……. I, ............................................................................................................... do hereby certify that .......................................................................... is personally known to me. I am satisfied that he/she is blind orilliterateor physically infirm and is unable to make a mark on the ballot paper. He/she requested me to mark the ballot paper on his/her behalf. I hereby declare that I have not accepted as companion of any other elector at any polling station today, and that I will keep secret the vote recorded by me on his/her behalf. Date: ………………..Signature of Companion Place: ………………..Signed before me and permitted Signature of the Presiding Officer FORM 24 [See Rule 60(2)] RECORD OF VOTES OF BLIND ORILLITERATEOR INFIRM ELECTORS Election to the Local Council of ….…..................…………………….. (No. & Name) 20……. Date : ......................................... Place : ………………………….. Signature of the Presiding Officer Sl. No.Name of ElectorElector’sName ofCompanion’sSignature of Sl.No. inCompanionSl.No. in theCompanion the E/RollE/Roll- 63 -Ex-62/2015 FORM 25 [See Rule 64(2)] LIST OF TENDERED VOTES Election to the Local Council of ….….......................………………….. (No. & Name) 20……. Date: ........................................Signature of the Presiding Officer Place: ..................................Sl. No.Name of the electorSl. No. of elector in the E/RollAddress of the electorSerial number of tendered ballot paperSerial Number of ballot paper issued to the person who has already votedSignature or thumb impression of person tendering vote- 64 - Ex-62/2015 FORM 26 [See Rule 66] BALLOT PAPER ACCOUNT OF PRESIDING OFFICER Election to the Local Council of ….…...............…………………….. (No. & Name) 20……. Date......................... Place : ………………Signature of the Presiding Officer Sl. No.ParticularsQuantity 1No. of Ballot Papers received by the Presiding Officer 2No. of ballot papers issued to electors 3No. of ballot papers cancelled for violating voting procedure 4No. of ballot papers spoilt and returned under Rule 61(1) 5No. of ballot papers refused by the elector and cancelled under Rule 61(2) 6No. of ballot paper to be found in the ballot box 7No. of unused ballot papers returned- 65 -Ex-62/2015 FORM 27 [See Rule 73(3)] ROUND-WISE COUNTING SHEET Election to the Local Council of ….….........................……………….. (No. & Name) 20……. (a) Counting Table No:__________(b) Round No:________________ (c) No. of Ballot Papers: ________(d) Total Votes cast:____________ (e) Valid Votes:________________(f) Invalid Votes:_______________ Name & Signature of Counting Supervisor Date ............................................ Place ............................................Name & Signature of Returning OfficerSl. No.Name of CandidatesVotes polledTotal5555555555 - 66 - Ex-62/2015 FORM 28 [See Rule 73(3)] COUNTING TABLE-WISE RESULTS TABULATION SHEET Election to the Local Council of ….…........................…………….. (No. & Name) 20……. ROUND No. ......... Date ……………………. Place …………………….Name & Signature of Returning OfficerSl. No.Name of Candidates Valid Votes PolledG. Total Counting Table No _____Counting Table No _____Counting Table No _____Counting Table No _____Counting Table No _____ - 67 -Ex-62/2015 FORM 29 [See Rule 73(3)] ROUND-WISE TABULATION SHEET Election to the Local Council of ….…........................……………….. (No. & Name) 20……. Date ……………………. Place …………………….Name & Signature of Returning OfficerSl. No.Name of Candidates Valid Votes PolledG. Total Counting Table No _____Counting Table No _____Counting Table No _____Counting Table No _____Counting Table No _____ - 68 - Ex-62/2015 Total No. of Electors : ………………….. Total No. of valid votes polled : ………………….. Total No. of rejected votes : ………………….. Total No. of tendered votes : ………………….. I hereby declare that:- SI. Nos :…………………………………….. Viz.. 1) ………….........……………………........ 2) …......………………………………..… 3) …………...…………………………….. 4) ………………………………….....…… 5) ……...………………………………….. have been declared duly elected to fill the seats in the Local Council of ……...........…………… (No. & Name). Date:......................................... Place : …………………………..Name & Signature of the Returning Off icer FORM 30 [See Rule 77] ELECTION RESULT Election to the Local Council of ….….........................……………….. (No. & Name) 20……. Date of Poll: .............................................................. Date of Counting of Votes: ..............................................................Sl. No.Name of CandidateName of PoliticalTotal VotesResult (Indicate as Party, if anyPolledElected/not Elected - 69 -Ex-62/2015 FORM 31 [See Rule 78] CERTIFICATE OF ELECTION I, Returning Officer for the election to Local Council of ………..……………… in the Municipality of ……….…………. hereby certify that I have on the …..…… day of ……………………….. 20…..declared Pi/Pu ..................................................................... Son/ Daughter/Wife of ………......................................sponsored by............................................. (name of the recognised/registered political party)to have been duly elected to be a member of the Local Council of ................................................................. in an election held on ….................................................... and that in token thereof I have granted to him/ her this Certificate of Election. Date........................................... Returning Off icer Place ………………………… No. & Name of Local Council ........................Seal- 70 - Ex-62/2015 FORM 32 [See Rule 79] BALLOT PAPER ACCOUNT OF RETURNING OFFICER Election to the Local Council of ….….........................……………….. (No. & Name) 20……. (a)Total number of ballot papers found in the Ballot Box/Boxes______________________________ (b)Total number of rejected ballot papers under Sub-rule (3) of Rule 71______________________________ (c)Total number of valid ballot papers, i.e. ballot papers which are not rejected______________________________ (d)Total number of votes contained by the total valid ballot papers, i.e. total num-ber of valid ballot papers multiplied by total number of vacancies to be filled______________________________ (e)Total number of invalid votes on all valid ballot papers______________________________ (f)Total number of valid votes on all valid ballot papers, i.e. (d) minus (e)______________________________ Date :..........................................Name & Signature of the Returning Officer Place :………………………….- 71 -Ex-62/2015 APPENDIX [See Rule 46] TABLE - I : LIST OF SYMBOLS FOR RECOGNISED POLITICAL PARTIES NATIONAL PARTIESCommunist Party of India (CPI) Communist Party of India (CPI(M))Nationalist Congress Party Bharatiya Janata Party (BJP) Bahujan Samaj Party Indian National Congress (INC)Ears of Corn and Sickle Hammer, Sickle and Star Clock Lotus Elephant HandSTATE PARTIESZoram Nationalist Party (ZNP) Mizo National Front (MNF)Mizoram People’s Conference Sun without Ray Star Electric Bulb- 72 - Ex-62/2015 TABLE - II : LIST OF FREE SYMBOLS- 73 -Ex-62/2015Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Health & Family Welfare Department (Group ‘B’ post) Recruitment Rules, 2015.

VOL - XLIVISSUE - 63Date - 10/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIV Aizawl, Tuesday 10.2.2015 Magha 21, S.E. 1936, Issue No. 63 NOTIFICATIONNo. A.12018/17/2013-P&AR(GSW), the 4th February, 2015. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following rules regulating the method of recruitment to the post(s) of Pharmacist under Health & Fa mily Welfare Department, Government of Mizor am, namely :- 1.Shor t title and (1) These Rules may be called the Mizoram Health & Family Welfare Commencement Department (Group ‘B’ post) Recruitment Rules, 2015. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application These rules shall apply to the posts specified in Column 1 of the Schedule annexed to these ru les. 3. Number of posts, The number of the said post(s), their classification, pay b and and grade classification, pa y ba nd pay/pay scale attached thereto sha ll be as specified in columns 2 to and grade pa y/pay scale 4 of aforesa id Schedule. 4. Method of r ecruitment, The method of recruitment to the sa id posts, age limit, qualifica tion age limit, and other matters relating thereto shall be as specified in columns 5 qualifications, etc. to 14 of aforesaid Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be, from time to time. 5. Disqualification No person- (a ) who, has entered into or contracted a marr iage with a person having a spouse living; or - 2 - Ex-63/2015 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to t he said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other grounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Departmental Every Gover nment s ervant recruited under these rules s hall undergo Examination. such training or pass such Departmental Exa mination(s) as may b e pr escribed from t ime to t ime. 7. Powers to trans fer Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have power to transfer any officer(s) so r ecruited under these rules to a ny other post or position which is equivalent in rank or gr ade. 8. Power to relax Where the Governor is of the opinion that it is necessary or expedient so to do, he may, by order and for reasons to be recorded in writing thr ough the Depar tment of Personnel & Administra tive Refor ms, relax any of the pr ovisions of these rules with respect to any class or category of persons. 9. Reservation and other Nothing in these rules shall affect any reservation relaxation of age concessions limit and other concessions required to be provided for the Scheduled Castes/the Schedu led Tribes and ot her ca tegor ies of persons in accordance with the orders issued by the Central Government or the Government of Mizoram from time to time in this regard. 10. Repea l and Sa ving All Rules perta ining to the post of Phar ma cist fr amed by the Governemnt of Mizoram under Notification No. A. 12018/21/80- APT(B)/Vol-I dt. 15.05.2000 and published in the Mizoram Gazette Vol. XXIX Extraordinary Issue No. 101 dt. 19.05.2000 stands hereby repealed on and from the commencement of these rules. Provided that any order made or anything done or any action taken under the rules so repealed or under any general orders ancillary thereto, shall be deemed to have been made, done or taken under the corresp onding provisions of these rules. By order s, etc. Lalsangpuii, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-63/2015Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100SCHEDULE(See Rule 2, 3 & 4)RECRUITMENT RULES FOR THE POST OF PHARMACIST IN THE DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. OF MIZORAMName of postNo. of postClassificationPay Band and Grade Pay/Pay ScaleWhether Selection post or Non-selection post12345 Not applicableWhether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678910 Not applicableBetween 18-35 years. Upper age limit is rela xable upto 5(f ive) years for SC/STNot applicable 1. 10+2 with Science from recognized Institution. 2. 4(four) years Bachelor Degree in Pharmacy or above from recognized Institution. 3. Registered Pharmacist under Mizoram Pharmacy Council. 4. Working knowledge of Mizo language at least Middle School standard.2(two) yearsMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of P ost to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission Pharmacist125(one hundred twenty five) posts or as sanctioned by the Government from time to timeGeneral State Service (Group ‘B’ post) (Non-Gazetted) (Non-Ministerial)PB-2 ^ 9300-34800/- + Grade Pay ^ 4200/- Not applicable 100% by Direct Recruitment

Affidavit of K.C. Lalrinmawia S/o K. Thankhuma R/o Venghnuai, Aizawl, Mizoram

VOL - XLIVISSUE - 64Date - 10/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 10.2.2015 Magha 21, S.E. 1936, Issue No. 64 AFFIDAVITI, K.C. Lalrinmawia S/o K. Thankhuma R/o Venghnuai, Aizawl, Mizoram, do hereby solemnly affirm and state as under :- 1.That I am a bonafide citizen of India by birth. 2.That my name has been writ ten and recorded as K. Lalrinmawia in my Service Record. 3.That the purpose of this a ffidavit is to correct my na me and as K.C. Lalrinmawia and to get it corr ected by the concerned author ity. 4.I therefore request the concerned authority to accept this affidavit and in future to record my name as K.C. Lalrinmawia from now onwa rds. 5.That the aforementioned pa ra 1-4 are true and correct to the best of my knowledge and belief and no material has been concea led therein. IN WIT NESS WHEREOF I have hereunto set my own signatur e on this 23rd day of January, 2014. Sd/- DEPONENT Identified by me :Signed before me: Sd/-Sd/- F. La lzuilianaLalramhlunaNotarial Registration AdvocateAdvocateNo 17/1 Aizawl, MizoramNota ry PublicDt. 23.1.14 Aizawl : MizoramPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mara Autonomous District Council (Taxes on Motor Vehicles) Regulations, 2014

VOL - XLIVISSUE - 65Date - 10/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 10.2.2015 Magha 21, S.E. 1936, Issue No. 65 NOTIFICATIONNo. C. 31012/9/2014-DCA(M), the 5th February, 2015.In pursuance of paragraph 11 of the Sixth Schedule to the Constitution of India, the following Regulations passed by the Mara Autonomous District Council which received approval of His Excellency the Governor of Mizor am on 19.12.2014 is hereby published for general information, namely :- “THE MARA AUTONOMOUS DIST RICT COUNCIL (TAXES ON MOTOR VEHICLES) REGULATIONS, 2014”. P. Singthanga, Secr etary to the Govt. of Mizoram, District Council Affairs Department. A REGULATIONS to provide for levy and collection of ta xes on motor vehicles plying within Mara Autonomous Distr ict. Whereas by virtue of the powers conferred by sub–paragraph (4) of paragraph 8 of the Sixth Schedule to the Constitution of India, read with clause (b) of sub–para graph (3) of pa ragraph 8, the Mara Autonomous District Council is empowered to make regula tions in respect of levy and collection of taxes on motor vehicles. Be it enact ed by the Mara Autonomous District Council in the Sixty–fifth year of the Republic of India as follows:– Short title, extent1.(1) These Regula tions may be called the Mara Autonomous District and commencement.Council (Ta xes on Motor Vehicles) Regulations, 2014. (2) They shall extend to the whole of the Mara Autonomous Distr ict. (3) They shall come into force on and from the date of their publication in the Mizoram Gazette. - 2 - Ex-65/2015 Definitions.2(1) In t hese Regula tions , unles s the context other wis e requir es:– (i) “Check post” means the Check posts set up under section 10 of these Regulations. (ii) “District” means the Mara Autonomous District as provided in Part–III of the Table appended to Para 20 of the Sixth Schedule to the Constitution of India. (iii) “District Council” means the Mara Autonomous District Council. (iv) “Executive Committ ee” means the Executive Committee of the Mara Autonomous Distr ict Council. (v) “Licence” means a permission granted of the motor vehicles to ply within the Distr ict. (vi) “Licensing Officer” means an officer appointed by the Executive Committee as such for the purpose of these Regu la tions. (vii) “Official Gazette” means the Mizoram Gazette. (viii) “Prescribed” means p rescribed by rules made under these Regu la tions. (ix) “Registered Owner” means the person in whose na me a motor vehicle is registered under the Motor Vehicles Act, 1988. (x) “State” means the State of Mizoram. (xi) “Tax” means the tax leviable under these Regulations. (xii) “Tra nsport Department” means the Transpor t Department of the Mara Autonomous Distr ict Council. (xiii) “Year” means the financial year and “Half Year” means the first six months or the second six months of such year; and “quarter” means the first t hree months or the second three months of such a half year. (2) Words and expressions used but not defined in these R egulations, but defined in the Motor Vehicles Act, 1988 shall have the meanings assigned to them in the Motor Vehicles Act. Levy of tax.3.On a nd from the commencement of these Regulations, a tax shall be levied and collected on every motor vehicles used or kept for use and plying within the District as follows: (1) All motor vehicles described in column (1) of Schedule–I and used or kept for use and plying within t he District, a tax at the rate specified in the corr esponding entry in column (2) of the said Schedule. (2) All motor cycles, not being transport vehicles, described in Part ‘A’ of Schedule–II and used or kept for use and plying within the District, a tax at the rate specified in the cor responding entr y in column (2) of the sa id Schedule. (3) All motor ca rs, not being transpor t vehicles, described in Part ‘B’ of S chedule–II and used or kept for use and plying within the District, a tax at the rate specified in the cor responding entr y in column (2) of the sa id Schedule. Payment of tax and4.(1) The tax levied under section 3 of these Regulations shall be paid grant of licence.in adva nce and in the manner specified in section 11 by the registered owner of the vehicle or any other person having possession or control thereof, at his choice either quarterly, half–yearly or annually on a licence to be taken out by him for that quarter, half–year or year, within fifteen days from the commencement of the quar ter, half–year or year, as the case may be. Tax for a half–yearly licence shall not exceed twice and the ta x for a n annua l licence shall not exceed four times the tax for a quarterly licence. The Executive Committee ma y grant such r ebate as may be prescr ibed in case of half–yearly and annua l licence. (2) Notwithstanding anything contained in sub–section (1), no person shall be liable to pay tax in respect of a motor vehicle for a particular period, if the ta x due in respect of tha t mot or vehicle for tha t period has already been paid by some other person. (3) Wher e a tax in respect of a motor vehicle is paid by any person for a par ticular period or if no such tax is payable thereof, the licensing officer shall gra nt to such person a licence, in such form as may be notified by the Executive Committee, to use the motor vehicle in any public place within the District during the said period. (4) Every licence granted under sub–section (3) shall be valid through- out the District. (5) Notwithstanding anything contained in section 3, the Executive Committee may, by notification from time to time, direct that temporary licence for a period not exceeding thirty days at a time may be issued in respect of a motor vehicle of any class on payment of s uch tax, and subject to such condition as may be specified in such notifica tion. (6) No motor vehicle shall be used in any public place in the District at a ny time after commencement of these Regulations, unless a licence permitting its use during such time ha s been obtained as specified in sub–section (3) or sub–section (5). Motor vehicle to5.(1) Any officer of the Transpor t Department not below therank of stop it on dema ndEnforcement Inspector or any police officer in unifor m not below by certain officers.the rank of Sub–Inspector, or such other officer as may be prescribed may require the dr iver of any motor vehicles in any public place to stop tha t motor vehicles and cause it to remain st ationar y so long as may reasonably be necessa ry for the pur pose of satisfying himself tha t a licence ha s been duly ob tained in resp ect of such motor vehicles. (2) Any person who willfully fail to stop a motor vehicle when required to do so by an officer under sub–section (1) or resists such officer, shall be punishable with fine which may extend to one thousand rupees. Penalty for failure6.If the tax due in respect of any motor vehicles has not been paid as to pay tax.specified in section 4, the registered owner or the person having possession or contr ol thereof shall, in addition t o payment of the tax due, be liable to penalty which may extend to twice the quarterly tax in respect of the vehicle, to be levied by such officer, by order in writing and in such manner as ma y be p rescribed:- 3 -Ex-65/2015 Provided that if the lumpsum tax under these R egulations has not been paid by the registered owner or the person ha ving possession or control thereof shall, in addition to payment of the tax due, be liable to penalty which may extend to twice the lumpsum tax payable under sub– section (1) of section 4. Recovery of tax,7.Any tax, penalty or fine due under these R egulations may be recovered penalty or fine.by way of detaining or selling s uch motor vehicles or such accessories which are in the possession or control of the person lia ble to pay the tax, pena lty or fine as the case may be. Power to seize8.Without prejudice to the provisions of sections 6 and 7, where any tax and detain motordue in resp ect of any motor vehicles has not been pa id as specified in vehiclesin case ofsection 4, such officer a s may be prescribed, may seize and detain the non–payment of tax.motor vehicles in respect of which the tax is due under these Regulations and for this purpose take or cause to be taken any steps he may cons ider necessary for the temporary safe custody of the vehicle, until the tax due in respect of the vehicle, is paid. Exemption, reduction9.(1) The Executive Committee ma y, by notification– or other modification(a)grant an exemption, make a reductionin the rateoror der of tax.other modification not involvingan enhancement in the rate of the tax payable– (i)by any person or class of person; or (ii)in respect of any motor vehicles or cla ss of motor vehicles or mot or vehicles r unning in a ny p ar ticu la r area; and (b)cancel or vary such exemption, reduction or other modification. (2) No motor vehicle other than motor vehicles belonging t o the three Autonomous District Councils in Mizoram or State Government or Government of India shall be exempted from payment of ta x if not specifically exempted by the Execut ive Committee for cer tain periods not exceeding six months. Such exemption or reduction of tax, if any, shall be notified in the official Gazette. Setting up of check10.The Executive Committee may, by notification, set up check post at any postsuit able place and no vehicle shall pass through the check post without producing a tax clearance certificate, unless exempt ed under section 9 of t hese Regulations. Manner of payment11.Payment of every amount dueunder these Regulations shall be made in of dues.cash to the office of the Licensing Officer or in such other manner as may b e prescr ibed. Appeal.12.Any person aggrieved– (a ) by an order of levy made under section 6; (b) by t he seizure made under section 8 may, within a period of thirty days from the date of communication to him of the or der of levy or t he date of seizure, as the cas e may b e, appeal to the Execu tive Committee in such manner a nd so payment of such fees as may be pres crib ed.- 4 - Ex-65/2015 Protection of acts13.No suit , prosecution or other legal proceeding shall be instit uted against any donein good faith.person for anything which is in good fa ith, done or intended to be done under these Regulations or under the rules made there–under. Trial of offences.14.No court inferior to that of a Fir st Class Magistrate shall try any offence punishable under these Regulations. Proc edure in cer tain15.(1) A Court taking cognizance of an offence punishable undersub–section cases.(1) or sub–section (2) of section 5, in so far as it relates to willful failure to stop a motor vehicle when required to do so by an officer, ma y state upon the summons to be served on the accusedperson that– (a)he may appear by pleader or in person; or (b)he may, by a specified date prior to the hearing of the charge plead guilty to the charge, by a r egistered letter addressed to the Cour t and r emit to the court such sum not exceeding five hundred rupees, as the Court may specify. (2) Where an accused person pleads guilty and remits the sum specified by the Cour t, no further proceedings in respect of the offence shall be taken against him. Power to make rules. 16 .(1) The Executive Committee may, by notification, make rules for carr ying out all or any of the pur pose of these Regulations. (2) In particular and without prejudice in general of the foregoing provision, such rules may provide for all or any of the following matters, namely:– (a)Levy of tax under section 3. (b)Payment of tax and grant of licence under section 4. (c)Penalty for failur e to pa y under section 6. (d)Recovery of tax, penalty or fine under section 7. (e)Exemption, r eduction or other modification of tax u nder section 9. (f)Any other matter relating to the provisions of these Regulations or for carr ying out all or a ny of the purpose of these Regulations. Power to a mend17.(1) The Executive Committee may, by notification in the officialGazette, Schedules.incr ease or decrea se, as the cas e may b e, from time to time, the rate (s) specified in the Schedule–I and Schedule–II in relation to any motor vehicles. (2) When a Schedule is so amended, any reference to the Schedule in these Regulations shall be construed as a reference to such Schedule as so amended. Power to remove18.If any difficulty arises in giving effect to the provisions of these Regulations difficulty.in consequences of the tra nsition to the said provisions from the cor res- ponding provisions of the Act or Rules in for ce immediately before the commencement of these Regula tions or otherwise, the Executive Committee may after previous publication by order published in the official Gazette, make such provisions not inconsistent with the purpose of these Regulations, as appear to them to be necessary or expedient for removing the difficulty.- 5 -Ex-65/2015 SCHEDULE – I[See Section 3 (1)] RATE OF TAX ON VEHICLES Description of Motor Vehicles Annual rate of tax for each Motor Vehicle 1 2 3 Group Motor Vehicles fitted solely withRu pees pneumatic tyres I.Motor Vehicles (including tricycles) used for tr anspor t or ha ulage of goods or materia ls the registered laden weight of which:– (a)Does not exceed one tonEight hundred only (b)Exceeds one ton but does not exceed two tonsOne thousand five hundred only (c)Exceeds two tons but does not exceed four tonsTwo thousand five hundred only (d)Exceeds four tons but does not exceed six tonsThree thousa nd five hundred only (e)Exceeds six tons but does not exceed eight tonsFour thousand five hundred only (f)Exceeds eight tons but does not exceed nine tonsFive thousand only (g)Exceeds nine tons but does not exceed ten tonsFive thousand five hundred only (h)Exceeds ten tonsThe rates specified in (g) above plus five hundred for every one ton or pa rt thereof in addition to 10 tons II.Motor Vehicles (including tricycles) plying inter – State for hire and used for the transport of pa ssengers when:– (a)Licenced to carry not more than twoTwo hundred fifty only (exclusive dr iver) (b)Licenced to carry in all more tha n two but not more Eight hundred fifty only than four passengers (exclusive driver & conductor) (c)Licenced to carry in all more tha n four but not more One thousand five hundred only than six pa ssenger s (exclusive driver & conductor) (d)Licenced to carry in all more tha n six b ut not more Two thousand five hundred only tha n twelve passengers (exclusive dr iver & conduct or) (e)Licenced to carry in all more than twelve but notThree thousa nd five hundred only more than eighteen passengers (exclusive driver & conductor) (f)Licenced to carry in all more than eighteen passengers The rates specified in (e) above plus one (exclusive driver & conductor)hundred twenty for every passenger in addition to eighteen passengers. III.Motor Vehicles (including tricycles) plying inter-States for hire and used for the transport of passengers (Tourist Vehicles) when:- (a)Licenced to carry in all more tha n two but not more One thousand only than four passengers (exclusive driver & conductor) (b)Licenced to carry in all more tha n four but not more Two thousand only than six pa ssenger s (exclusive driver & conductor) (c)Licenced to carry in all more tha n six but not more Three thousand only tha n twelve passengers (exclusive dr iver & conduct or)- 6 - Ex-65/2015 (d)Licenced to carry in all more than twelve but notFour thousand only more than eighteen passengers (exclusive driver & conductor) (e)Licenced to carry in all more than eighteenThe rates specified in (d) above plus one passengers (exclusive dr iver & conductor)hundred fifty for every p assenger in addition to eighteen passengers. I V.Special Purpose: Transport Vehicles like Prime mover, Tractor, Ambulance, Animal Ambulance, Mobile Workshop/X–Van, Mobile Canteen, Cash Van, Camper Van/Trailer, Hearse, Fir e–Fighting Vehicles, other Specia l Tr ans por t Vehicles not specif ied elsewher e in this S chedu le. (a)Unla den weight up to 500kgsFive hundred only (b)Unla den weight exceeding 500kgs but less than 2000kgs Two thousand only (c)Unla den weight exceeding 2000kgs but less than 4000kgs Three thousa nd five hundred only (d)Unla den weight exceeding 4000kgs but less than 8000kgs Five thousand only (e)Unla den weight exceeding 8000kgsSeven thousa nd five hundred plus four hundred for ever y additional 500kgs or part thereof above 8000kgs V.Articulated Trailers (a)Gross Vehicle weight up to 22600kgsTwelve thousand only (b)Gross Vehicle weight exceeding 22600kgs but less than 26400kgs Fifteen thousand only (c)Gross Vehicle weight exceeding 26400kgs but less than 36600kgs Twenty five thousand only (d)Gross Vehicle weight exceeding 36600kgs but less than 50000kgs Thirty thousand only (e)Gross Vehicle weight above 50000kgsThirty thousa nd plus five hundred for every additional GVW or part thereof a bove 50000kgs VI.Special purpose: Non–Tr anspor t vehicles like For k lift, Vehic le/Tra iler fit t ed wit h equipment like Rig, Gener at or, Compressor, etc., Crane mounted Vehicles, Tractor, Trailer to carry personal effects, Tower wagons & Tree trimming vehicles, Tow-Trucks, Breakdown Van, Recovery Vehicles, etc. , Omni bus for private use, Ca mper va n/ Tra iler for private use, other special non–transport vehicles not specified elsewher e in this Schedule. (a)Unla den weight up to 500kgsFive hundred only (b)Unla den weight exceeding 500kgs but less than 2000kgsTwo thousand only (c)Unla den weight exceeding 2000kgs but less than 4000kgsThree thousand five hundred only (d)Unla den weight exceeding 4000kgs but less than 8000kgsFive thousand only (e)Unla den weight exceeding 8000kgsSeven thousand five hundred plus four hundred for every additional 500kgs or part thereof above 8000kgs. VII.Special Purpose: Non – Transport Vehicles: (a)Inva lid Carr iageThree thousand only (b)Three – wheeler for personal useOne thousand five hundred only- 7 -Ex-65/2015 SCHEDULE – II[See Section 3 (2) & (3)] PART – ‘A’ RATE OF TAX ON MOTOR CYCLE AND SCOOTER (Not being Transport Vehicles) Sl/No. Description of Motor VehiclesAnnual Rate of Tax(in rupees) 1 23 1.Upto 100cc100 2.Above100cc but does not exceed 200cc200 3.Above 200cc but does not exceed 300cc300 4.300cc and a bove400 PART – ‘B’ RATE OF TAX ON MOTOR CARS (Not being Transport Vehicle) Sl/No. Description of Motor VehiclesAnnual Rate of Tax(in rupees) 123 1.Upto 800cc750 2.Above 800cc but does not exceed 1000cc850 3.Above 1000cc but does not exceed 2000cc1000 4.Above 2000cc but does not exceed 3000cc1500 5.3000cc and a bove1800Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/150- 8 - Ex-65/2015

General Election to Village Councils under Chakma Autonomous District Council.

VOL - XLIVISSUE - 66Date - 10/02/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 10.2.2015 Magha 21, S.E. 1936, Issue No. 66 NOTIFICATION No. B. 12011/45/2012-SEC/CADC/VC, the 4th February, 2015.In exercise of the powers conferred under sub-section (7) of Section 3 of the Chakma Autonomous District Council (Village Councils) (Amendment) Act, 2014, the State Election Commission hereby specifies the hours from 7:00 am to 4:00 pm, both inclusive, to be the hours during which the poll, if necessary, will be ta ken at each polling station on the date fixed for poll i.e., 25.2.2015 by the Commission vide its Notification of even No. dt. 3.2.2015 for the General Election to Villa ge Councils under Cha kma Aut onomous District Council. By order, etc H. Darzika, Secretary, State Election Commission, Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

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