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 27.2.2015 Phalguna 8, S.E. 1936, Issue No. 94 NOTIFICATIONG. 17011/8/2014-F.APF, the 27th February, 2015. In exer cise of the powers conferred by Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following Scheme to amend the Mizora m New Defined Contr ibutory P ension Scheme, 2010 (hereina fter referred to as the Principal Scheme) namely: 1.Shor t Title and (1) This Scheme may be called the Mizor am New Defined Contributory Commencement Pension (Fir st Amendment) S cheme, 2015. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2. Amendment of P ara 2 In Para 2 of the Principal Scheme, for clauses (a), (b), (e) and (f) and of t he sub-p ara 2. 1 itself, the following shall be substit uted, na mely: “2.1 Tier-I of this scheme shall apply only to the Government servants appointed on regular basis with effect from 1.9.2010 onwards/ regula rized on or after 1.9.2010 to civil services and posts in connection with the affa irs of the State which are bor ne on p ensiona ble esta blishments, but shall not apply to:- a ) Persons in casua l and daily-ra ted employment who are not regularized. b) Persons paid from contingencies who are not regularized. e ) Persons employed on contr act basis who are not regularized. f) Persons whose terms and conditions of service are regulated by or under the pr ovisions of the Constitution or any other law or specific scheme for the time being in force who are not regularized.” 3. Amendment of P ara 4 F or cla u s es (2 ) & (4 ) of P a r a 4 of t he P r incip a l S cheme, t he following shall be su bstituted, namely: “2) It shall become manda tory to the Government servants who entered into the Government service on regular basis/ regularized on or after 1.9.2010. - 2 - Ex-94/2015Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/504) In this scheme, the existing provisions of Defined Benefit Pension and General Provident Fund would not be available to Government servants who join Government service/regula riz ed on or after 1.9.2010.” 4. Amendment of P ara 5 F or cla u s es (4 ) & (6 ) of P a r a 5 of t he P r incip a l S cheme, t he following shall be su bstituted, namely: “4) Government servants joining the service / regula r ized on or after 1.9.2010 shall not subscribe to the General Provident Fund and sha ll r ather join this New Defined Contributory Pension Scheme automatically. 6) Immediately on joining the Government service / regularization, the Government servant shall be requir ed to provide particulars such as his name, designation, scale of pay and Grade Pay, date of birth, nominee(s) for the fund, relationship of the nominee, etc in the prescribed form (Annexure-I). The Drawing and Disbursing Officer concerned sha ll be responsible for obtaining this information from all Government servants covered under this new pens ion scheme a nd shall submit the consolida ted information for all those who have joined service/ regula rized during the month in the prescribed format (Annexur e-II) to the CCA who sha ll cause to allot Permanent Retirement Account Numbers (PRAN) to the Government servants concerned.” L. N. Tochhawng, Fina nce Commissioner, Government of Mizoram.

NOTIFICATIONNo.A.l2018/19/2003-P&AR(GSW), the 24th March, 2015.In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following Rules regulating the method of r ecruitment to the post ofMiddle SchoolTeacherunder School Education Department, Government of Mizor am namely :- 1.Shor t title and commencement(1) These rules may be called the Mizor am School Educa tion Department (Group ‘B’ posts) Recruitment Rules, 2015 (2) These rules shall come into force from the date of their publication in the Official Gazette. 2.ApplicationThese rules shall a pply to the posts specified in Column I of Annexur e-I hereto a nnexed. 3.Number of posts,cla ssifica tionThe number of the said post(s), their cla ssifica tion and the and scale of pay/Pay Ba nd &scale of pa y/Pay Band & Grade P ay atta ched thereto shall Grade Paybe a s specified in C olumn 2 to 4 of the said Annexu re-I 4.Method of recruitment, age limitT he method of r ecruit ment of the s aid posts, a ge limit , and otherqualificationsqualifications and other matters relating to the said post shall be as specified in Column 5 to 14 of Annexure-I. Provided tha t the upper age limit pr escribed for direct recr uitment may be relaxed in the case of candidates belonging to the Scheduled Castes/Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Cent ral Government or Government of Mizor am fr om time to time. 5.Disqua lificationNo per son – (a) Who has entered into or contracted a marr iage with a person having a spouse living; or (b) Who, having a spouse living, has entered into or cont racted a marria ge with any person shall be eligible for appointment to the said post(s); The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Wednesday 25.3.2015 Chaitra 4, S.E. 1936, Issue No. 138 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 marr iage and that there a re other valid grounds for doing so, exempt a ny such person from the opera tion of this rules. 6.Training and DepartmentalEvery Government servant recruited under these rules shall Examinationundergo such training or pa ss such Departmental Examination as may be prescribed from time to time. 7.Power to transferNotwithstanding anything contained in these Rules, the Governor of Mizoram, in public interest, shall ha ve the right and power to transfer any officers, so recruited under these Rules to any other post or position which is equivalent in rank or gr ade. 8.Power to relaxWher e the Governor is of the opinion that it is necessar y or expedient to do so, he ma y, by or der and for reasons to be recorded in writing, in consultation with the Mizoram Public Service Commission through the Depa rtment of Personnel & Administr ative R eforms, relax any of the pr ovisions of these rules with respect to any class or category of persons. 9.Reser vation a nd other concess ionsNothing in these rules shall affect any reservations, relaxation of a ge limit and other concessions required to be provided for the Scheduled Castes/the Scheduled Tr ibes and other categories of persons in accorda nce wit h the order issued by Central Government or Government of Mizoram from time to time in t his regard. 10. Repeal & SavingsAll rules pertaining to these posts framed by the Government of Mizoram vide Notification No.A.12018/19/2003- P&AR(GSW) dated 12.11.2003 and published in the Mizoram Gazette extraordinary issue No. 351 dated 17.11.2003 and its subsequent amendment vide Notifica tion No.A.12018/19/2003-P&AR(GSW) dated 28.01.2014 and issued in the Mizoram Gazette extraordinary issue No. 21 dated 07.02.2014 stands hereby repealed. Further, School Education Department Notification No.G.12017/2/2011-EDN dated 19.07.2013 stands hereby repealed. Provided tha t any order made or anything done or any action taken under the r ules so repealed or under any general order a ncillar y thereto, shall be deemed to have been made, done or taken under the corresponding provisions of t hese r u les. By order, etc R.Malsawma, Joint Secretary to the Govt. of Mizoram, Dept t. of Personnel & Administrative Reforms. Ex-138/20152 Name of post Number ofpost Classifi- cation Scale of Pay/Pay Band & Grade Pay W hether Selection postorNon- Selection post W hether benefit ofadded years ofservice ad- missible under Rule 30 ofthe CCS (Pension) Rules,1972. Agelimitfor direct recruits Educationalqualificationsand other required fordirectrecruitment Middle School Teacher (Entry Grade) Assanc- tioned bythe Govern- mentfrom time totime General State Service (Group ‘B’ Non- Gazetted) (Non- Ministe- rial) PB-2: `9,300- 34,800+ `4,600GP N.A. Between18 yearsand35 years.Upper agelimitis relaxableby5 yearsfor candidates from Scheduled Caste/ Schedules Tribes 1 3 4 5 6 8 ANNEXURE-I (SeeRule2,3& 4) RECRUITM ENT RULES FOR GROUP ‘B’POSTS UNDER THE DEPARTM ENT OF SCHOOL EDUCATION 1 2 7 Ex-138/2015 3 N.A. 1. Graduatedegreeandabovewith2(two)years DiplomainElementaryEducation(bywhatever nameknown)from recognisedUniversityand approvedbyNCTE OR Graduatedegreeandabovewithatleast50% marksand1(one)yearBachelorofEducation (B.Ed)fromrecognisedUniversityandapproved byNCTE OR B.Sc(Science/Mathematics)andabovewithat least50% markswith 2 yearsDiplomain ElementaryEducation(bywhatevernameknown) from recognisedUniversityandapprovedby NCTEor1(one)yearBachelorofEducation(B.Ed) from recognisedUniversityandapprovedby NCTE OR Graduatewithatleast50% markswith2years DiplomainEducation(SpecialEducation)orB.Ed (SpecialEducation)recognisedbytheRCI Non- functional TrainedGraduate Teacher:PB-2:` 9,300-34,800+ `4,800GP Middle School Teacher (Senior Grade) General State Service (Group‘B’ Non- Gazetted) (Non- Ministerial) N.A. Selection 2. PassedinMizoramTeacherEligibilityTestPaper- II(MTET-II) 3. WorkingknowledgeofMizolanguageatleast MiddleSchoolstandard 4. ForNepali/GorkhaMiddleSchool,tehcandidates shouldpossessNepaliasoneofthesubjects eitherinHSLCorHSSLClevel 5. Relaxationupto5% inthequalifyingmarksshall beallowedtothecandidatesbelongingto Scheduled Caste/Scheduled Tribe/Other BackwardClass/PersonswithDisabilities Non- functional General State Service (Group‘B’ Non- Gazetted) (Non- Ministerial) TrainedUnder GraduateTeacher: PB-2:`9,300- 34,800+ `4,400GP TrainedGraduate Teacher:PB-2:` 9,300- 34,800+ `5,400GP Trained Graduate Teacher:PB-2:` 9,300- 34,800+ `4,600GP Selection N.A. N.A. N.A. N.A. N.A. N.A. Ex-138/2015 4 Middle School Teacher (Selection Grade) Ex-138/2015 5 Whethertheageand educationalqualifica- tionsprescribed for directrecruitments willapplyin thecase ofpromotees Period of probation, ifany Method ofrecruit- mentwhetherby directrecruitment orbypromotion orby deputation/ transferand percen- tageofpoststo be filled byvarious methods In caseofrecruitmentby promotion/transfer/ deputation,gradesfrom which promotion/deputa- tion/transferisto be made IfaDPC exists,whatisits composition? Circumstancesin whichMPSC istobe consulted in making recruitment. N.A Mizoram PublicService Commission. AsperMPSC (Limita- tionofFunctions) Regulations,1994as amendedfrom timeto time 9 10 11 12 13 14 2years N.A. 100% bydirectrecruitment a)331/3% from candidates whoqualifiedPaper-IIof MTET withScienceand Mathematics b)662/3% from candidates whoqualifiedPaper-IIof MTETwithSocialScience N.A N.A PROMOTION :Middle SchoolTeacher (Entry Grade)with8yearsofregu- larcontinuousserviceinthe gradeshallbeeligiblefor promotiontoMiddleSchool Teacher(SeniorGrade) DPC asconstitutedbythe Governmentfrom timetotime AsperMPSC (Limita- tionofFunctions) Regulations,1994as amendedfrom timeto time 100% byPromotion PROMOTION :Middle SchoolTeacher(Senior Grade)with16yearsofregu- larcontinousservicecalcu- latedfrom thedateofentry intheEntryGradeshallbe eligibleforpromotionto MiddleSchoolTeacher(Se- lectionGrade) DPC asconstitutedbythe Governmentfrom timetotime AsperMPSC (Limita- tionofFunctions) Regulations,1994as amendedfrom timeto time N.A N.A 100% bypromotion Ex-138/2015 6 PublishedandIssuedbytheController,Printing&Stationery,Mizoram PrintedattheMizoramGovernmentPress,AizawlC-100 Note:TheservicesrenderedinAdhoc/DeficitservicecontinuedbyregularistionintoGovernmentservicewithoutanybreakshallbecounted asqualifyingserviceforthepurposeofconsiderationforpromotiontohighergradesunderColumn12ofAnnexure-I.

1.Shor t title and commencement (1)These rules may be called the Mizor am School Educa tion Department (Group ‘B’ posts) Recruitment Rules, 2015 (2)These rules shall come into force from the date of their publication in the Official Gazette. 2.ApplicationThese rules shall apply to the posts specified in Column I of Annexure-I hereto annexed. 3.Number of posts,cla ssifica tionThe number of the said post(s), their classification and and scale of pay/Pay Bandscale of pa y/Pay Band & Grade Pa y attached thereto shall & Grade Paybe a s specified in C olumn 2 to 4 of the said Annexu re-I 4.Method of recruitment, age limitThe method of recruitment of the said posts, a ge limit, and other qu alificationsqualifications and other matters relating to the said post shall be as specified in Column 5 to 14 of Annexure-I. Provided that the upper age limit prescribed for direct recruitment may be relaxed in the case of candidates belonging to the Scheduled Castes/S cheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government or Govern- ment of Mizoram from time to time. 5.Disqua lificationNo per son – (a)Who has entered into or contracted a marr iage with a person having a spouse living; or (b)Who, having a spouse living, has entered int o or contracted a marriage with any person shall be eligible for appointment t o the sa id post(s); The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Wednesday 25.3.2015 Chaitra 4, S.E. 1936, Issue No. 139 NOTIFICATION No.A.l2018/19/2003-P&AR(GSW), the 24th 2015.In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram is pleased to make the following R ules regulating the method of recruitment to the post ofPrimary SchoolTeacherunder School Education Depa rtment, Government of Mizora m namely :- Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other par ty to the marr iage and that there a re other valid grounds for doing so, exempt a ny such person from the opera tion of this rules. 6.Training and DepartmentalEver y Government serva nt r ecruited under these r ules Examinationshall undergo such training or pass such Departmental Examination as may be prescribed from time to time. 7.Power to transferNotwithsta nding anything contained in these Rules, the Governor of Mizoram, in public interest, shall have the right and power to transfer any officers, so recruited under thes e Rules to a ny other post or position which is equ iva lent in ra nk or gr ade. 8.Power to relaxWher e the Governor is of the opinion that it is necessary or expedient to do so, he may, by order and for reasons to be recorded in writing, in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax a ny of the provisions of these rules with respect to any class or category of persons. 9.Reser vation a nd other concess ionsNothing in these rules shall affect any reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes/the Scheduled Tribes and other categories of persons in accordance with the order issued by Central Government or Government of Mizoram from time to time in this regard. 10.Repeal & SavingsAll r ules pertaining to these posts fra med by the Government of Mizoram vide Notification No.A.12018/ 19/2003-P&AR(GSW) dated 12.11.2003 and published in the Mizoram Ga zette extra ordinary issue No. 352 dated 17.11.2003 and its subsequent amendments vide Notification No.A.12018/6/2003-P&AR(GSW) dated 01.04.2005 and published in the Mizoram Gazette extraordinary issue No. 65 dated 06.04.2005 and Notification No.A.12018/19/2003-P&AR(GSW) dated 28.01.2014 and published in the Mizoram Gazette extraordinary issue No. 22 dated 07.02.2014 stands hereby repealed. Further, School Education Department Notification No.G.12017/2/2011-EDN dated 19.07.2013 sta nds hereby repealed. Provided that any order made or anything done or a ny action taken under the r ules so repealed or under any general order ancillary thereto, shall be deemed to have been ma de, done or taken under the corresponding provisions of these r ules. By order, etc R. Malsawma, Joint Secretary to the Govt. of Mizoram, Dept t. of Personnel & Administrative Reforms. Ex-139/20152 Name of post No.of post Classifi- cation Scale of Pay/Pay Band & Grade Pay W hether Selec- tion postor Non-Selection post W hetherbenefitof added years of service admissible underRule 30 ofthe CCS (Pension) Rules,1972. Age limit fordirect recruits Educationalqualificationsand other required fordirectrecruitment Primary School Teacher (Entry Grade) Assanc- tioned byteh Govern- mentfrom time totime General State Service (Group ‘B’ Non- Gazetted) (Non- Ministe- rial) Trained Graduate Teacher: PB-2: `9,300- 34,800+ `4,600GP Trained Under Graduate Teacher PB-2:` 9,300- 34,800+ `4,200GP N.A. Between 18years and35 years. Upperage limitis relaxable by5years forcandi- datesfrom Scheduled Caste/ Schedules Tribes 1 3 4 5 6 7 8 ANNEXURE-I (SeeRule2,3& 4) RECRUITM ENT RULES FOR GROUP ‘B’POSTS UNDER THE DEPARTM ENT OF SCHOOL EDUCATION 1 2 Ex-139/2015 3 N.A. 1.HSSLCwithatleast50% marksorGraduate andabovewith2(two)yearsDiplomainElementary Education(bywhatevernameknown)from recognisedUniversityandapprovedbyNCTE OR HSSLCwithatleast50% marksorGraduatewith2 yearsDiplomainEducation(SpecialEducation) recognisedbytheRCI 2.PassedinMizoramTeacherEligibilityTestPaper-I (MTET–I) 3.WorkingknowledgeofMizolanguageatleast MiddleSchoolstandard 4.ForNepali/GorkhaPrimarySchool,thecandidates shouldpossessNepaliasoneofthesubjectseither inHSLCorHSSLClevel 5.Relaxationupto5% inthequalifyingmarksshall beallowedtothecandidatesbelongingtoScheduled Caste/ScheduledTribe/OtherBackwardClass/ PersonswithDisabilities N.A. N.A. Non- functional Selection Primary School Teacher (Senior Grade) GeneralState Service (Group‘B’ Non-Gazetted) (Non-Ministe- rial) TrainedGraduate Teacher:PB-2: `9,300-34,800+ `4,800GP N.A. N.A. N.A. Selection N.A. N.A. N.A. Primary School Teacher (Selection Grade) Non- functional GeneralState Service (Group‘B’ Non-Gazetted) (Non-Ministe- rial) Trained GraduateTeacher: PB-2: `9,300-34,800+ `5,400GP TrainedUnder GraduateTeacher: PB-2: `9,300-34,800+ `4,600GP Ex-139/2015 4 TrainedUnderGraduate Teacher:PB-2: `9,300-34,800+ `4,400GP Ex-139/2015 5 Whethertheageand educationalqualifica- tionsprescribed for directrecruitswill applyin thecaseof promotion Period of probation, ifany Method ofrecruit- mentwhetherby directrecruitment orbypromotion orby deputation/ transferand percen- tageofthepoststo befilled byvarious methods In caseofrecruitmentby promotion/transfer/ deputation,gradesfrom which promotion/deputa- tion/transferisto be made IfaDPC exists,whatisits composition? Circumstancesin whichMPSC istobe consulted in making recruitment. N.A Mizoram PublicService Commission. AspertheMPSC (LimitationofFunc- tions)Regulations,1994 asamendedfrom time totime 9 10 11 12 13 14 2years N.A. 100% bydirectrecruitment N.A N.A PROMOTION :Primary SchoolTeacher (Entry Grade)with8yearsofregu- larcontinuousserviceinthe gradeshallbeeligiblefor promotiontoPrimarySchool Teacher(SenioGrade) DPC asconstitutedbythe Governmentfrom timetotime AspertheMPSC (LimitationofFunc- tions)Regulations,1994 asamendedfrom time totime 100% bydirectrecruitment PROMOTION :Primary SchoolTeacher(Senior Grade)with16yearsofregu- larcontinousservicecalcu- latedfrom thedateofentry intheEntryGradeshallbe eligibleforpromotiontoPri- marySchoolTeacher(Selec- tionGrade) DPC asconstitutedbythe Governmentfrom timetotime AspertheMPSC (LimitationofFunc- tions)Regulations,1994 asamendedfrom time totime N.A N.A 100% bypromotion Ex-139/2015 6 PublishedandIssuedbytheController,Printing&Stationery,Mizoram PrintedattheMizoramGovernmentPress,AizawlC-100 Note:TheservicesrenderedinAdhoc/DeficitservicecontinuedbyregularistionintoGovernmentservicewithoutanybreakshallbecounted asqualifyingserviceforthepurposeofconsiderationforpromotiontohighergradesunderColumn12ofAnnexure-I.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 19.2.2015 Magha 30, S.E. 1936, Issue No. 82 (1) These rules may be called the Mizoram School Education Depart- ment (Group ‘B’ posts) Recruitment Rules, 2015. (2) They shall come into force from the date of their publication in the Official Gazette. These rules shall apply to the posts specified in column 1 of the Sched- ule annexed hereto. The number of the said post(s), their classification, pay band and grade pay / pay scale attached thereto shall be as specified in col- umns 2 to 4 of aforesaid Schedule. The method of recruitment to the said post, age limit, qualification and other matters relating thereto shall be as specified in columns 5 to 14 of the aforesaid Schedule. Provided that the upper age limit prescribed for direct re- cruitment may be relaxed in the case of candidates belonging to the Scheduled Castes / the Scheduled Tribes and other special catego- ries of persons in accordance with the orders issued by the Central Government or the Government of Mizoram from time to time. No person- (a)who has entered into or contracted a marriage with a per- son having a spouse living ; or NOTIFICATIONNo.A. 12018/9/2003 - PAR(GSW), the 16th February, 2015.In exer cise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram is pleased to make the following rules regulating the method of recruitment to the post(s) ofCameraman (Mizoram EDUSAT Network, SCERT)underSchool Education Department,Government of Mizoram, namely :- 1. Short title and commencement 2. Application 3. Number of posts, classification, pay band and grade pay/pay scale- 4. Method of recruitment, age limit, qualifications, etc- 5. Disqualification-

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 3.3.2015 Phalguna 12, S.E. 1936, Issue No. 95 DEED CHANGING NAMEBY THIS DEED I, the undersignedR.Hrangdawla (new name), S/o Chalmanga (L), r/o Chaltlang Salem Veng, Aizawl, Mizoram previously called Hrangdawla Colney (former name) do hereby : 1.Wholly renounce, relinquish and abandon the use of my former name of Hrangdawla Colney, and in place thereof do assume from the 24th day of March, 2014 the name ofR.Hrangdawla, so that I may hereafter be called, known and distinguished not by my former name of Hrangdawla Colney but by my assumed name ofR.Hrangdawla. 2.For the purpose of evidencing such my determination declare that I shall at all times hereafter in all records, deeds and writings and in all proceedings, dealings and transactions, private as well as public and upon all occasions whatsoever use and sign the name ofR.Hrangdawla as my name in place of and in substitution for my former name of Hrangdawla Colney. 3.Expressly authorize and request all persons at all times hereafter to designate and address me by such assumed name of R.Hrangdawla. IN WITNESS WHEREOF I have hereunto subscribed my former and adopted names of Hrangdawla Colney andR.Hrangdawla respectively and affix my signature on this the 24th March, 2014. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.Signed and delivered by R.Hrangdawla, Formerly Hrangdawla ColneySigned befor e me: R.Thangkanglova Advocate & Notary Public Aizawl : MizoramNotarial Registration No 11/3 Date 24/3/14 In the presence of witnesses 1. LALDINPUII Advocate Aizawl, Mizoram2. (CICILIA LALHMINGMAWII) R/o D-10, Ramthar Veng, Aizawl

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 3.3.2015 Phalguna 12, S.E. 1936, Issue No. 96 NOTIFICATIONNo.A.31023/1/93-P&E, the 17th February, 2015.On their satisfactory completion of the probation pe- riod, the Governor of Mizoram is pleased to confirm the following AE/SDO under Power & Electricity Department in the grade as shown against each name with immediate effect. Sl.No. Name of OfficerPresent placePost in which of postingconfirmed 1.Er. RamdinsangaAE (D&M), E-in-C office, AizawlAE/SDO 2.Er. LalremtluangaAE, O/o CE (SO), AizawlAE/SDO 3.Er. Ng. LalruatsangaAE, O/o CE (Dist.), AizawlAE/SDO 4.Er. LalngaihsakaAssist. Electrical InspectorAE/SDO O/o Electrical Inspectorate 5.Er. ZoramdinaAE, O/o SLDC Division, AizawlAE/SDO 6.Er. Peter V.L.MalsawmaAE, O/o SLDC Circle, AizawlAE/SDO 7.Er. C.DanielaSDO(T C), O/o Revenue Divn., AizawlAE/SDO 8.Er. R.LalchhanhimaSDO(T C), O/o Serchhip PowerAE/SDO Division, Serchhip 9.Er. Isaac Zodinsanga ZoteSDO(T C), O/o Thermal Division,AE/SDO Kolasib/Bilkhawthlir 10.Er. H.LallianmawiaAE, E-in-C office, AizawlAE/SDO 11.Er. David ChakmaSDO(T C), O/o Power MaintenanceAE/SDO Division-II, Lunglei 12.Er. LalramnghakaAE, Champhai Power Circle,AE/SDO 13.Er. P.C. VanlalruataSDO, Saiha Power Sub-Division, SaihaAE/SDO R.K. Gupta, Secretary to the Govt. of Mizoram, Power & Electricity Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

NOTIFICATIONNo.B.12017/40/13-SWD, the 23rd February, 2015. The Governor of Mizoram is pleased to notify The Guidelines under section 39 of The Protection of Children from Sexual Of- fences Act, 2012 for implementing of the said Act in the State of Mizoram. Manisha Saxena, Commr. & Secretary to the Govt. of Mizoram, Social Welfare Department. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 3.3.2015 Phalguna 12, S.E. 1936, Issue No. 97 CHAPTER - 1 Introduction An Overview of the Protection of Children from Sexual Offences Act, 2012 To deal with child sexual abuse cases, the Gover nment has brought in a special law, namely, The Protection of Children from Sexua l Offences (POCSO) Act , 2012. The Act has come int o force with effect from 14th November, 2012 along with the Rules framed there under. The POCSO Act, 2012 is a comprehensive law to provide for the protection of childr en from the offences of sexual assault , sexua l harassment a nd pornography, while safegua rding the interests of the child at every s ta ge of the judicia l pr ocess by incorpor ating child-friendly mecha nisms for reporting, recording of evidence, investiga tion and speedy trial of offences through designated Special Courts. The said Act defines a child as any person below eight een years of a ge, and defines different forms of sexual abuse, including p enetrative and non-penetrative assault , as well as sexual harassment and pornography, and deems a sexual assault to be “a ggravated” under certa in circu mstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor. People who trafficked children for sexual purposes are a lso punishable under the provisions relating to abetment in the said Act. The said Act prescribes str ingent punishment gra ded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine. In keeping with the best international child protection standar ds, the said Act also provides for mandatory reporting of sexual offences. This ca sts a legal duty upon a person who has knowledge that a child has been sexu ally abused to report the offence; if he fa ils to do so, he may be punished with six months imprisonment and/ or a fine. The said Act also casts the police in the role of child protectors during t he investigative process. Thus, the police personnel receiving a report of sexual abuse of a child are given the responsibilit y of making urgent arrangements for the care a nd protection of the child, such as obtaining emergency medical treatment for the child a nd placing the child in a shelter home, should the need arise. T he police are also required to bring the matter to the attention of the Child Welfare Committee (CWC) within 24 hour s of receiving the report, so the CWC may then proceed where required to make fur ther ar rangements for the safet y and security of the child. The said Act makes provisions for the medical examination of the child in a manner designed to cause as little distress as possible. The examination is to be carried out in the presence of the parent or other person whom the child trusts, and in the ca se of a female child, by a female doctor. The said Act provides for Special Courts that conduct the tria l in-ca mera and without revea ling the identity of the child, in a child-friendly manner. Hence, the child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpr eter, special educator, or other professional while giving evidence; further, the child is not to be called repeatedly to testify in court and may testify thr ough video-link rather than in a cou rtroom. Above all, the said Act stipulates that a case Ex-97/2015- 2 - of child sexual abuse must be disp osed of within one yea r from the date the offence is repor ted. It also provides for the Special Court to determine the amount of compensation to be pa id to a child who has been sexu ally abused, so that this money can then be used for the child’s medical tr eatment and rehabilitation. The said Act recognizes almost every known form of sexual abuse against children as punishable offences, a nd makes the different agencies of the State, such as the police, judiciary and child protection machinery, collaborators in secur ing justice for a sexually a bused child. Further, by providing for a child- friendly ju dicial process, the said Act encour ages children who have been victims of sexu al abuse to report the offence and seek redress for their suffering, as well as to obtain assistance in overcoming their tra uma. In t ime, the said Act will provide a means not only to r eport a nd punish those who abuse and exploit the innocence of childr en, but also pr ove an effective deterrent in curbing the occurrence of these offences. The said Act is to be implemented with t he active participation of the State Governments. Under Section 39 of the said Act , the State Government is required t o frame guidelines for the use of persons including non-governmenta l organizations, profess ionals a nd experts or persons trained in and ha ving knowledge of psychology, social work, physical health, mental health and child development to assist the child at the trial and pre-trial stage.The following guidelines are based on Model Guidelines formulated by the Central Government. Multi-sectoral Approach Children who have been sexually a bused ar e not only tra umatized as a r esult of their experience, but are also more vulnerable to further a nd repeated abuse and at risk of secondary victimization at the hands of the justice delivery process. A common example is the handling of cases of child victims by unspecialized police, prosecutors and ju dges who are not trained in ju stice for children, children’s right s or how to deal and communicate with victim children and t heir fa milies. The lack of clear guidelines and procedures on how to deal with child victims and their families in a child – s ensitive manner during the cour t process affects the quality of tria l and evidence and trial process; the child is subjected in such cases to r epeated probing and questioning, made to relive the trauma tic incident again and again, and thereby suffer in the retelling. Another instance is that of child victims not receiving proper medical support and counseling, causing physica l and mental distress to the child and his/her family and ha mpering the hea ling process for the child. In addition to this, families and child victims are unable to benefit from legal aid as the appropr iate agencies are not involved at the right stage in the procedure. Child victims do not receive timely advice and assistance so as to be free from a fear of family breakdowns and social isolation if the offender is a relative a nd/or the breadwinner of the family. T here is also no system of supervision for checking the welfar e and well-being of child vict ims during and after the court process, particularly when the abuser is the parent or guar dian of the child. There is thus a need for prompt and systematic multi-sectoral intervention tha t will be conducive to the justice delivery process, minimize the risks of health pr oblems, enhance the recovery of the child and prevent fu rther trauma. T his ca n be achieved through action that addresses the needs of t he child effectively, not only to pr otect him from further abuse and help him deal with his/her trauma but also to ensu re that he is not re-victimized in the course of the justice delivery process. In a ddition to this, it also has to be ensured that the child is steered towards the path of healing, recovery and rehabilitation.Ex-97/2015 - 3 - The prevention of child sexual a buse, protection of victims, justice delivery, and rehabilitation of victims are not isolated issues. The achievement of these objectives requir es a co-ordinated resp onse of all the key players, which include the police, pr osecution, Courts, medical instit utions, psychologists a nd counselors, as well as institutions that provide socia l services to the children. T he protection of children from violence and abuse thus requires an integrated and coordinated approach. Needless to say, the identification and understanding of the roles of each of these professionals is crucial to avoid duplica tion and promote effective convergence. A multi-sectoral approach, while mindful of children’s r ights, would address the problems related to uncoordinated interagency mechanisms that child victims fa ce in t he legal and social service process. It will provide a fra me work within which the service pr oviders will work, and provide a mechanism for information-sharing to help the victim. The process of investigation and referral of cases will also impr ove. It is envisaged that such an approach will ensure suppor t for the child and his/her family, including assistance with police and cou rt proceedings, arra ngements for emergency shelter for children, arr angements for, therapy, and training courses, appropriate rehabilitative services including pr otective custody and foster care, if necessary; infor mation on and access to financial assistance, where appropriate, and monitoring of family involvement. The responsibility of supporting childr en who have been sexua lly abused should be embraced by the whole community, but it is the professiona ls that work in this field who play a n important role in enabling the healing process. These guidelines ar e therefore aimed at various professionals involved in pr oviding services to the child a nd other affected per sons including his/her family. Their object ive is to foster better resp onse mechanisms involving coor dination amongst these professionals, so as to result in the evolution of a multi- sectoral , multi-disciplinary approach that will go a long way in achieving the objectives of the POCSO Act, 2012. CHAPTER - 2 General Principles for use of Professionals and Experts As sisting the Child at Pre-trial and Trial Stages The fundamental principles to be followed in the determination of a case involving a sexual offence aga inst a child have been laid down in various international instruments a nd in the Preamble to the POCS O Act, 2012 it self. T he Stat e Gover nments, the Child Welfare Committee, the P olice, the Specia l Cour ts, all other Government funct ionaries as well as Non-Government Organizations, and all professionals and experts assisting the child at the tr ial and pre-trial stages are bound to abide by these principles. Thes e principles a re - a)Right to life and survival – Every child has the right to life a nd surviva l and to be shieldedfrom any form of hardship, abuse or neglect, including physica l, psychologica l, mental and emotional abuse and neglect; and to a chance for harmonious development and a standard of living adequate for physical, mental, spiritua l, mora l and social growth. In the case of a child who has been traumatized, every s tep should be taken to enable the child to enjoy healt hy development. Ex-97/2015- 4 - b)The best interests of the child– Every child has the right to have his/her best interests givenprimary consideration. T his includes the r ight to protection and to a chance for harmonious development. Protecting the child’s best interests means not only protecting the child from secondary victimization a nd hardship while involved in the justice process as victim or witness , but a lso enhancing the child’s capa city to contribute to tha t process . S econda ry victimization refer s to the victimization that occurs not as a direct r esult of the cr iminal act but through the resp onse of institutions and individuals to the victim. c)The right to be treated with dignity and compassion– Child victims should be tr eated in a car ingand sensitive manner throughout the jus tice pr ocess, taking into account their personal situation and immediate needs, a ge, gender, disability and level of maturity and fully respecting their physical, mental a nd mora l integrity. Interference in the child’s priva te life should be limited to the minimum needed and informa tion shared on a need to know basis. Efforts should also be made to reduce the number of professionals interviewing the child. At the sa me time, however, it is impor tant that high standa rds of evidence collection are maintained in order to ensure fair and equitable outcomes of the justice process. In order to a void further har dship t o the child, interviews, exa mination and ot her for ms of investigation s hould be condu cted by trained professionals who proceed in a sensit ive, respectfu l and thorough manner in a child-friendly environment. All interactions should also take place in a language tha t the child uses and u ndersta nds. Medical examination should be ordered only where it is necessary for the investigation of the case and is in the best interests of the child and it should be minimally intrusive. d)The right to be protected from discrimination- The justice process and support services availableto child victims and witnesses and their families should be sensitive to the child’s age, wishes, understanding, gender, sexual orientation, ethnic, cultural, religious, linguistic and social background, caste and socio-economic condition, as well as to the special needs of the child, including health, abilities and capacities. Professionals should be trained and educated about such differ ences. Age should not be a barrier to a child’s right to participate fully in the justice process. Every child should be treated as a capa ble witness, a ccording to his/her a ge and level of matur ity. e)The right to special preventive measures–Children may already face t wice as much risk of repeated victimization as a dults because they often are or are perceived by a potentia l offender as b eing vulnerable, unsure of how to defend themselves or unable to properly assert themselves and t ake a strong posit ion against an a dult. A pr eventive measur e that could be used to protect children is to demand references and a criminal background assessment before hir ing per sonnel likely to work with children, such as schoolteachers. f)The right to be informed-There are two aspects of child victims and wit nesses right to be informed. The first aspect is the more general one and consists of informing child victims a nd witnesses about the assistance they are entitled to, the way legal proceedings are organized and the role they can play in those proceedings if they decide to do so. The second a spect is more specific and relates to information on the pa rticula r case in which the child is involved: it implies being infor med about the progress of the case, a bout the scheduling of the proceedings, about what is expected of the child, about the decisions rendered, about the st atus of the offender, and so forth.Ex-97/2015 - 5 - g)The right to be heard and to express views and concerns–Every child has the right to be heard inresp ect of matters affecting him/her. T he child has a right to participate at a ll levels: being infor med, expr essing an infor med view, having that view taken into account, and being the main or joint decision maker. When, for any good reason, the requirements and expectations of the child cannot be met, it needs to be expla ined to the child, in a child-friendly way, why certain decisions are made, why certa in elements or facts are or are not discussed or questioned in Court and why certain views are not taken into consideration. It is impor tant to show respect for elements that a child finds impor tant in his/her story, but which are not necessarily r elevant as evidence. h)The right to effective assistance–The child must receive the requir ed assistance to addr esshis/ her needs a nd enable him/her to participate effectively at all stages of the justice process. T his may include assistance and support services s uch as financia l, legal, counseling, health, social and educationa l services, physical and psychological recovery services and other services necessar y for the child’s healing, as well as for justice and reintegration. i)The right to privacy–The child’s privacy and identity must be protected at all sta ges of thepre- tria l and tr ial process. T he release of information about a child victim or witness, in particular in the media, ma y endanger the child’s sa fet y, cause the child intens e sha me and hu milia tion, discou ra ge him fr om telling wha t happened and cause him severe emotional ha rm. Release of information a bout a child victim or witness may put a strain on the relationships of the child with family, peer s and community, especially in cases of sexual abuse. In some cases it might also lead to stigmatization by the community, thereby aggr avating secondary victimiza tion of the child. There are two essential ways of pr otecting the pr ivacy of child victims and witnesses: firstly, by rest ricting the disclosure of information on child victims and witnesses and secondly, by restricting the attendance of the general public or non-essential persons in courtrooms. j)The right to be protected from hardship during the justice process- Throughout the justice process,child victims are exposed to hardship, also referred to as secondary victimization: this can occur while reporting the crime and recounting what ha s happened, while awaiting trial and while testifying in cour t. The judicial process is a very str essful one for the child; as far as possible, any s tress the child may have as a r esult of the pr ocess s hould be minimized. k)The right to safety- Where the safety of a child victim may be at risk, ap propria te meas ures should be t aken to requir e the reporting of those safety risks to appropria te authorities and to protect the child from such risk before, during and after the justice process. Professionals should be trained in recognizing and preventing intimida tion, thr eats and harm to child vict ims a nd witnesses. Wher e child victims and witnesses may be the subject of intimidation, thr eats or harm, appropr iate conditions should be put in place to ensu re the safety of the child. l)The right to compensation–The child victim ma y be awarded compensationfor his/herrelief and rehabilitation. This compensation may be awar ded at a n interim stage, during the pendency of trial, as well as at the conclusion of the trial. Procedures for obtaining and enforcing reparation should be readily accessible and child-sensitive. Victims may be repaid for material los ses and damages incurr ed, receive medical and/or psychosocia l support and obtain reparation for ongoing suffering.1 Ex-97/2015- 6 - 1 As per Section 33 (8) of POCSO Act, 2012 and Rule 7(3) of POCSO Rules, 2012 so as to commensurate with the short and long term negative impact on the child. Further, as stated in Rule 7 (4) of the POCSO Rules, 2012, the compensation is to be paid by State Government from the Victims Compensation Fund or other scheme or fund established by it under Code of Criminal Procedure, 1973 or any other law for the time being in force, and in the absence of such fund or scheme, by the State Government. CHAPTER - 3 Guidelines on Interviewing a Child: Forensic Interview Protocol There are two distinct aspects to the gathering of information from the child (or attending adults) in cases of alleged child sexual abuse: (a) the medical histor y and (b) the interview. The interview stage of the assessment goes beyond the medical history in that it seeks to obtain information directly related to the alleged sexu al abuse, for example, details of the assault, including t he time and pla ce, frequency, description of clot hing wor n and so on. Int erviewing of children is a specialized skill and, if possible, should be conducted by a tra ined pr ofessional. In the context of the POCS O Act, 2012 int erviews may need to be conducted by a variety of professionals, including police or investigative agencies. These are forensic rather than therapeutic interviews, with the objective being to obtain a statement from the child in a manner that is developmenta lly- sensitive, unbiased, and truth-s eeking, that will support accurate and fair decision-making in the criminal justice and child welfare systems. Informa tion ob tained from an investigative or forensic interview ma y be useful for making treatment decisions, but the interview is not par t of a treatment process. The following are some basic guidelines that should be kept in mind while conducting the forensic interview to ensure that the interview pr ocess does not become traumatic for the child. Regar dless of who is r esponsible for the medical history and interview, the two a spects of infor mation gathering should be conducted in a coordinated manner so that the child is not fu rther t raumatized by unnecessary repetition of questioning and information is not lost or distor ted. 1.Reasons for interviewing the child (i)To get a picture of the child’s physical and emotional state; (ii)To establish whether the child needs urgent medica l attention; (iii)To hear the child’s version of the circu mstances leading to t he concern; (iv)To get a picture of the child’s r elationship with their parents or family; (v)To support the child to participate in decisions affecting them according to their age and maturity; (vi)To find out who the child trusts; (vii)To inform the child of any further steps to be ta ken in the enquiry; (viii)To assure the child that he/she is now safe and would be cared for, looked after, protected; (ix)To identify areas that would / might need counseling / psychia tric intervention. 1.1Interview setting The more comfortable a child is, the more informa tion he is likely to share. Also, children may be too embarrassed to share intimate details when they believe that others can overhear what they are saying. As far as p ossible, interviews should be conducted in a safe, neutra l and child-friendly environment. The interviewer can incorporate elements to make a room appear child-friendly, such a s toys, art material or other props. Distract ions like ringing phones, other people’s voices and elaborate play material should be r emoved a s far a s possible.Ex-97/2015 - 7 - 1.2Things to be kept in mind while interviewing a child (i)All children should be approached with extreme sensitivity and their vulnerability r ecognized and understood. (ii)Try to establish a neutral environment and rappor t with the child befor e beginning the interview. For example, if the interview must be conducted in the child’s home, select a priva te loca tion away from parents or siblings that appears to be the most neutral s pot. (iii)Tr y to select locations that a re away fr om traffic, noise, or other disruptions. Items s uch as telephones, cell phones, televisions, a nd other potential distractions should be tempora rily turned off. (iv)The interview loca tion should be as simple and uncluttered as possible, cont aining a table and chairs. Avoid playrooms or other locations with visible toys and books tha t will distract children. (v)Always identify yourself a s a helping person and try to build a rapport with the child. (vi)Make the child comfortable with the interview setting. Gather preliminary information about the child’s verbal skills and cognitive maturity. Convey that the goal of the interview is for thechild to talk and ask questions that invite the child to ta lk (e.g., “tell me about your family”). (viii)Ask the child if he/she knows why they have come to see you. Children are often confused a bout the purpose of the interview or worried that they are in trouble. (ix)Convey and maintain a relaxed, fr iendly a tmosphere. Do not expr ess sur prise, disgust, disbelief, or other emotional reactions to descriptions of the abuse. Avoid touching the child and respect the child’s persona l space. Do not stare at the child or sit u ncomfortably close. (x)Do not suggest feelings or responses to the child. For example, do not say, “I know howdifficult this must be for you.” (xi)Do not make false promises. For example, do not say, “ Everything will be okay” or “You will never have to talk about this aga in.” (xii)Esta blish ground rules for the interview, including permission for the child to say he/she doesn’t know and per mission to corr ect the interviewer. (xiii)Ask the child to descr ibe what ha ppened, or is happening, to them in their own words. T he interviewer should, as fa r as possible, follow the child’s lead; however, he may have to delica tely intr oduce the topics of the abuse. (xiv)Always begin with open-ended questions. Avoid a sking the child a dir ect question, such as “Did somebody touch your privates last week?”. Instead, try “I understand something has been bothering you. Tell me about it.” (xv)After initially sta rting like this, move on to allow the child to use free narrative. For example, you can say, “I want to understand everything about [refer back to child’s statement]. St art with the first thing that happened and tell me everything you can, even things you don’t think are very important.” (xvi)Avoid the use of leading questions that imply an answer or assume fact s that might be in dispute and use dir ect questioning only when open-ended questioning/free nar rative has been exhausted. (xvii) The interviewer should cla rify the following: (a)Descriptions of events. (b)The identit y of the perpetrator (s). (c)Whether allegations involve a single event or multiple events. (d)The presence and identities of other witnesses. (e)Whether similar events have happened to other children. Ex-97/2015- 8 - (f)Whether the child told anyone about the event(s). (g)The time frame and location/venue. (h)Alternative explana tions for the allegations. (xviii) However, interviewers should avoid probing for unnecessary details. For example, it may not be essential to get a detailed descr iption of an alleged perpetra tor if he/she is someone who is familiar to the child (e.g., a relative or teacher). Although it is useful if the child can recall when and wher e each event occurred, childr en may have difficulty specifying this information if they are young, if the event happened a long time ago, or if there has been ongoing abuse over a period of time (xix)The child may get exhausted frequently and easily; in such a n event, it is advisa ble not to prolong the inquiry, but r ather to diver t the child’s mind and come back to the sexual abuse when the child is r efreshed. (xx)Regularly check if the child is hungry or thirsty, tired or sleepy, and address these needs immediately. (xxi)Let the child do the talking and answer any questions the child may have in a dir ect manner. (xxii) Avoid quest ioning t he child as to why he behaved in a particula r way (e.g., “ Why didn’t you tell your mother that night?”). Young children have difficulty answering such questions a nd may feel that you ar e blaming them for the situation. (xxiii) Avoid correcting the child’s behavior unnecessa rily dur ing the interview. It ca n be helpful to direct the child’s attention with meaningful explanations (e. g., “I have a little trouble hearing, so it helps me a lot if you look at me when you are talking so that I can hear you”) but avoid corr ecting nervous behavior that may be slowing the pace of the interview or even pr eventing it fr om proceeding. (xxiv) When two professionals will be present, it is best to appoint one as the primary interviewer, with the second pr ofessional taking notes or suggesting additional questions when the interview is drawing to a close. (x xv) Interviewer s should not discuss the ca se in front of the child. (xxvi) Individuals who might be accused of influencing children to discuss abuse, such as parents involved in custody disputes or therapists, should not be allowed to sit with children during interviews. (xxvii) In s ome cases, the interviewer may consider it appropria te to allow a support person to sit in on the interview; but in these situa tions, such a person be instructed that only the child is allowed to talk unless a question is directed to the support person. Also, the suppor t person should be seated out of the child’s line of vision to avoid allegations that the child was reacting to non verbal signals from a trusted adult. (xxviii) When planning investigative strategies, consider other children (boys as well as girls) that may have had contact with the alleged perpetr ator. For example, there may be an indication to exa mine the child’s siblings. Also consider interviewing the par ent or guardian or other family member of the child, without the child present. (x xix) The interviewer should convey to all pa rties that no a ssumptions have been made about whether abuse has occurred. (xxx) The interviewer should take the time necessar y to perform a complete evaluation and should avoid any coercive quality to the interview. (x xxi) Interview procedur es may be modified in cases involving very young, minimally verbal children or children with special needs (e.g., developmentally delayed, electively mute, non-native sp eakers ).Ex-97/2015 - 9 - (x xxii) Try to establish the child’s developmental level in order to understand any limitations as well as appr opriate intera ctions. It is important to realize that young children have little or no concept of numbers or time, a nd that they have limited vocabulary and ma y use terminology differently to adults, making interpretation of questions and answers a sensitive matter. (xxxiii) A va riety of non-verbal tools may be used to assist young children in communication, including dr awings, toys, dollhouses, dolls , puppets, etc. Since su ch materials ha ve the potential to be distracting or misleading they should be used with ca re. They are discretionary for older children. (x xxiv) Stor ybooks, coloring books or videos tha t contain explicit descriptions of a buse sit uations are potentially suggest ive and ar e pr ima ry teaching tools. They are typica lly not appropria te for information-ga thering pur poses. In certain situations, the interviewer ma y consider it a ppropriate to interview the child victim together with his/her parent or guardian or other person in whom the child has trust and confidence. In such cases, the following guida nce may be useful: (i)When possible, int erviewing the primary caregiver and reviewing other collateral data first to gather background information may facilit ate the evaluation process. (ii)The child should b e seen individu ally, except when the child refuses to sepa rate fr om a parent/guardian. Discussion of possible abuse with the child in the presence of the ca regiver during evaluation interviews should be avoided except when necessa ry to elicit information from the child. In s uch cases, the interview set ting should be struct ured to reduce the possibility of impr oper influence by the caregiver on the child’s behavior or statements. (iii)In s ome cases, joint sess ions with the child a nd the non-accused ca regiver or accused or suspected individual might be helpfu l to obtain information regarding the overall quality of t he relationships. Such joint sessions should not be conducted for the pur pose of determining whether abuse occur red based on t he child’s reactions to the pa rticipa ting adult. Joint sessions should not be conducted if they will cause significant distress for the child. 2.Children with special needs (i)It is important to understand that children may have special physical or mental needs, or a combination of b oth. (ii)Be aware that the risk of crimina l victimization (including sexual a ssault) for children with special needs appears to be much higher than for those without such needs. Children with special needs are often victimized repeatedly by the same offender. Caretakers, family members, or friends may be responsible for the sexual abuse. (iii)Resp ect the child’s wishes to ha ve or not have caretakers, fa mily members, or friends present during the interview. Although these persons may be accustomed to speaking on behalf of the child, it is critical that they not influ ence the statements of the child. If professional assistance is required (e.g., fr om a la nguage interpr eter or mental health professional) this should be arranged. (iv)Idea lly those providing a ssistance should not be associated with the child. Thus a s far a s possible, avoid using a relative or friend of the child as an interpreter. (v)When preparing for the int erview, consult with the adult s in the child’s world who understand the nature of his/her disability and a re familiar with how the child communicates. Teachers and other Ex-97/2015- 10 - professionals or parapr ofessionals who have had experience in communicating with the child can be an invaluable resource to the interview team. This may include speech/language pathologists, educational psychologists, counselors, teachers, clinical psychologists, social workers, nurses, child and adolescent psychiatr ists, pediatricians, etc. (vi)Speak directly to a child with special needs, even when interpreters, intermediaries, or guardians are present . Assess the child’s level of abilit y and need for assista nce dur ing the interview process. (vii)Note that not all children who ar e deaf or hard-of-hear ing understand sign language or can read lips. Not all blind persons can read Braille. Be aware that a child wit h sensory disa bilities may prefer communicating through an intermediary who is familiar with his / her patterns of speech. Ideally, this would be someone not a ssociated with the child, but in some cases t his may be necessary. (viii)The child may experience difficulty with the concept of time, such as the concept of before and after, and being a ble to sequence events. The child ma y not be able to accurately define when something happened. It may be helpful to link events with major activities in the child’s life, school events, or r outines such as mealtimes. (ix)Allow extra time for the interpr eter to transfer the complete message to the child and for the child to form answers. (x)Recognize that the child may have also some degree of cognitive disability: mental r etardation, mental illness, developmental disa bilities, traumatic br ain injury, etc. Note however that not all developmental disabilities affect cognitive a bility (e.g., cerebra l palsy may result in physical rather than mental impairment). Be aware that a child with cognitive dis abilit ies ma y be easily distr act ed and ha ve difficult y focu sing. Speak to the child in a clear, calm voice and ask very specific, concrete questions. Be exact when explaining what will happen during the medical examina tion process and why. (xi)Keep in mind that children with special needs ma y be reluctant to report the crime or consent to the examina tion for fear of losing their independence. For example, they may have to ent er a long-term ca re facility if their caretakers assaulted them or ma y need extended hospit alization to treat and allow injur ies to heal. (xii)While a child’s special need may have r esulted in him being more vulnerable to abuse, it is important to listen to his/her concerns about the assa ult and what the experience was like for them, and not focus on the role of his/her special need. (xiii)Assure the child that it is not his/her fa ult tha t he was sexually assa ulted. If needed, encourage discussion in a counseling/advocacy setting if he/she is concerned a bout their safety in the future. 3.Procedures when interviewing parents/caregivers: (i)Inform parents/caregivers in an open and honest way of existing concerns and reports about their child or children; (ii)Explain how information a bout the case has been, and will be, obtained; (iii)Identify the professionals who ha ve been contacted so far; (iv)Invite the parents/caregivers to give an explana tion of their view of the concern; (v)Show a willingness to consider different interpretations of t he concern; (vi)Ensure that the pa rents/caregivers are fully aware of the way that information is going to be assessed and evaluated, and what expecta tions a re held of them about the way they care for and protect their children;Ex-97/2015 - 11 - (vii)Explain the legal context in which the concern is being investiga ted; (viii)If the concern arose from an incident perpetrated by one of the child’s parents/caregivers, the worker should try to gain the support and coopera tion of the other parent/caregiver to facilitate ongoing protection of the child; (ix)A child should never be asked to discuss the possible abuse in front of an a ccused or suspected parent. If it is considered necessary by CWC to remove a child from his/her parents/caregivers or their homes, then the following must be consider ed;2 (i)In t he first insta nce, all possible efforts should be made to place the child in a situa tion that is familiar, preferably with family or friends (ii)As far as possible, the timing of the move shou ld be sensitively handled. (iii)The child’s parents/caregivers should b e informed of the action proposed, unless doing so would endanger the child or jeopardize the placement process. (iv)The child s hould be infor med of the proposed action if he or she has not been involved in the decision. (v)The child’s parents/caregivers should be informed of the child’s location, unless otherwise directed by the Court. (vi)The child’s parents/caregivers s hould b e advised about and assisted in obta ining legal advice. 4.Best practice principles for the use of interpreters Interpreters may be needed during both the investigation and trial of cases of child s exual abuse. They may be needed for witnesses a nd for parties who speak a language different from that of the Cour t in that State, or for witness es and parties who ha ve speech or hearing impairments or other communica tion difficulties. The police or SJPU may contact the Distr ict Child Protection Unit (D CPU), whose responsibility it is under the POCSO Act and Rules, 2012 to pr ovide interpreters, translators, etc. Where an int erpreter is not available, a non-professional may be asked to interpret for the child; however, in these cases, it must be ensured that there is no conflict of interest. For example, where there is an allegation of child sexual abuse against the child’s father, the mother should not be asked to interpret. (i)Promote access to interpreter services in order to facilitate the best possible communication with the child, to ensu re everything is fully expla ined and that there is no room for misinterpretation. (ii)Be clear with the interpreter about roles and responsibilities in the process of enga gement with the family. Interpr eters need to understa nd that their r ole is to translate direct communications between the police or support person etc. and the family members, not to talk on either par ty’s beha lf or act as the family’s repr esentat ive. (iii)Services must be planned ahead where possible to meet the child’s needs. (iv)Int erpr eter should declar e tha t there is no prior acquaintance or relationship with the victim/ witness. Ex-97/2015- 12 - 2 Rule 4(5) and (6) of POCSO Rules, 2012 state that prior to making a determination as to whether the child needs to be taken out of the custody of his/her family or shared household, the inquiry should be conducted in a manner that does not unnecessarily expose the child to injur y or incon venience. Hence, t hese considerations would help ascertain the same. (v)Maintain high quality, timely, precise records along with su pporting documents; a s far a s possible, this should be a verbatim r ecord of the communication. (vi)There should be a record of a child’s interpreter needs, including language and dialect, and whether the interpr eter is requir ed for oral and written communication. Where an int erpreter is offered but declined by t he child, this should also be recor ded. vii)Promote qua lified interpreters who can work in partnership in the best interests of the child. viii)Interpr eters should be subject to references a nd ba ckground checks a nd must sign a written agreement regarding confidentiality. CHAPTER - 4 Medical and Health Professionals (Doctors and supporting medical staff) 1.Relevant Legal Provisions in the Act and Rules and related laws: Section 27 – Medical Examination: 27.(1) The medical examina tion of a child in respect of whom any offence has b een committed under this Act,shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973. (2 ) In case the victim is a girl child, the medical examination sha ll be conducted by a woman doctor. (3 ) The medical examination shall be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence. (4 ) Wher e, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical exa mination of the child, the medical examina tion shall be conducted in the presence of a woman nominated by the head of the medical institution. Rule 5 - Emergency medical care: (1) Wher e an officer of the SJP U, or the local police receives infor mation under section 19 of the Act that an offence under the Act has been committed, and is satisfied that the child aga inst whom an offence has been committed is in need of urgent medical care and protection, he shall, as soon as possible, but not later tha n 24 hours of r eceiving such information, ar range to take such child to the nearest hospit al or medical care facility centre for emergency medical care: Provided tha t where an offence has been committed under sections 3, 5, 7 or 9 of the Act, the victim sha ll be r eferred to emergency medical care. (2 ) Emergency medical care sha ll be rendered in such a manner as to protect the pr ivacy of the child, and in the presence of the parent or guar dian or any other person in whom the child has trust and confidence. (3 ) No medical practitioner, hospital or other medical facility centre r endering emergency medical care to a child sha ll demand any legal or magisterial requisition or other docu mentation as a pre- requisite to rendering such care. (4 ) The registered medical pra ctitioner rendering emergency medical care shall attend to the needs of the child, including —Ex-97/2015 - 13 - (i)treatment for cuts, bruises, and other injuries including genita l injur ies, if any; (ii)treatment for exposure to sexually transmitted diseases (STDs) including prophylaxis for identified STDs; (iii)treatment for exposure to Human Immunodeficiency Virus (HIV), including prophylaxis for HIV after necessary consultation with infectious disease experts; (iv)possible pr egnancy and emergency contra ceptives should be discussed with t he pubertal child and her parent or any other person in whom the child has tr ust and confidence; and, (v)wherever necessary, a referra l or consultation for mental or psychological health or other counseling should be made. (5) Any forensic evidence collected in the course of rendering emergency medical care must be collected in accor dance with section 27 of the Act. Thus, doctors a nd suppor t medical staff are involved both at the time of r endering emergency medical care as well as a t the time of medical examination. 2.Emergency Medical care: The child may be brought to the hospital for emergency medical care as soon as the police receive a repor t of the commission of an offence against the child. In such cases, the rules under the POCSO Act, 2012 prescribe that the child is to be taken to the nearest hospital or medical care facility. This ma y be a government fa cility or a private one. T his is r eiterated by Section 23 of the Cr iminal Law Amendment Act, which inserts Section 357C into the Code of Criminal Procedure, 1973. This section provides tha t all hospitals are required to provide first-aid or medica l treatment, fr ee of cost, to the victims of a sexua l offence. 2.1Medical Examination: Medical exa mination is to be conducted as per the provisions of Section 27 of the POCSO Act, 2012 and Section 164A of the CrPC, 1973 which states: (1)Wher e, during the stage when an offence of committing rape or attempt to commit ra pe is u nder investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospit al run by the Government ora local authority and in t he absence of a such a pract itioner, by any other registered medicalpractitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such regist ered medical practitioner within twenty- four hours from the time of receiving the informa tion relating to the commission of s uch offence. (2)The registered medical pr actitioner, to whom such woma n is sent shall, without delay, exa mine her and prepare a report of her examina tion giving the following par ticular s, namely:- (i)the name and address of the woman and of the person by whom she was brought; (ii)the age of the woman; (iii)the description of materia l taken from the person of the woman for DNA profiling; (iv)marks of injury, if any, on the person of the woman; (v)general mental condition of the woman; and (vi)other material particulars in reasonable detail. Ex-97/2015- 14 - (3)The report s hall state precisely the reasons for each conclusion arrived at. (4)The report shall specifica lly record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. (5)The exact time of commencement and completion of the examination shall a lso be noted in the report. (6)The registered medical pra ctitioner shall, without delay forwar d the r eport to the investiga tion officer who shall forward it to the Magistrate referred to in section 1 73 as pa rt of the documents referred to in clause (a) of sub-s ection (5) of that section. (7)Nothing in this section sha ll be construed as rendering lawful a ny examination without the consent of the woman or of any person competent to give such consent on her behalf. In the above legal provision, the term “woman” may be substit uted by the term “child”, and applied in the context of the POCSO Act, 2012. 2.2Compensation for medical expenses: Section 33(8 ) provides: “In appropr iate ca ses, the Specia l Court may, in addit ion to the punishment, direct payment of such compensation a s may be prescr ibed to the child for a ny phys ical or mental trauma caused to him or for immediate rehabilita tion of such child.” Rule 7 provides fur ther details in relation to the payment of this compensation. It specifies that the Special Court may order that the compensation be paid not only at the end of the tr ial, but also on an interim basis, to meet the immediate needs of the child for relief or rehabilitation at any stage after registration of t he First Information Report [R ule 7(1)]. This could include any immediate medical needs that the child may have. F urther, Rule 7(3) provides that the criteria to be taken into account while fixing the amount of compensation to be paid include the severity of the mental or physical harm or injury suffered by the child; the expenditure incurred or likely to be incurred on his/her medical tr eatment for physical a nd/or mental health; and any disability suffer ed by t he child as a r esult of the offence. Hence, the child may recover the expenses incurred on his/her treatment in this way. 3.Modalities of Medical Examination of Children 3.1Role of Medical Professionals in the context of the POCSO Act, 2012 Doct ors have a dual role t o play in terms of the POCSO Act 2012. They a re in a position to detect that a child has been or is being abused (for exa mple, if they come acr oss a child with an ST D); they are also often the first point of reference in confirming that a child has indeed been the victim of sexual abuse. The role of the doctor may include: (i)Having an in-depth understanding of sexual victimiza tion (ii)Obtaining a medical history of the child’s experience in a facilitating, non-judgmental and empathetic manner (iii)Meticulously documenting historica l deta ils (iv)Conducting a detailed exa mination to diagnose a cute and chronic residual tr auma and STDs, and to collect forensic evidenceEx-97/2015 - 15 - (v)Considering a differential diagnosis of behavior al complaints and physical signs tha t may mimic sexual abuse (vi)Obta ining photographic/video documentation of all diagnostic findings that appear to be residual to abuse (vii)Formulating a complete and thorough medical report with diagnosis and recommendations for tr ea tment (viii)Testifying in court when required There are a t least three different circumstances when there is no direct allegation but when the doct or may consider the dia gnosis of sexua l abuse and have to ask questions of the parent and child. T hese include but are not limited to: (i)when a child has a compla int tha t might be directly related to the possibility of sexual abuse, such as a girl with a vaginal discha rge; (ii)when a child has a complaint that is not directly related to the pos sibility of sexual abuse, such as abdominal pa in or encopresis (soiling); (iii)when a child ha s no compla int but an incidental finding, such as an enla rged hymenal ring, makes the doctor suspicious. 3.2Mandatory Reporting: When a doct or has reason to suspect tha t a child has been or isbeing sexually abused, he/she is required to report this to the appropria te authorities (i.e. the police or the relevant person within his /her orga nization who will then have to repor t it to the police). Failure to do this would resu lt in imprisonment of up to six months, with or without fine. 3.3Medical or health history: The purpose of this is to find ou t why the child is beingbrought for health care at the present time and to obtain infor mation a bout the child’s physical or emotiona l symptoms. It also provides t he basis for developing a medica l diagnostic impr ession before a physical exa mina tion is conduct ed. T he medical history may involve infor mation a bout the alleged abuse, but only in so far as it r elates to health problems or symptoms that ha ve resulted there from, such a s bleeding at the time of the assault, or constipation or insomnia since that time. Wher e a child is br ought to a doct or for a medica l examination t o confir m sexua l abuse, the doctor must: (i)Take the written consent of the child. The three main elements of consent are information, comprehension and voluntariness. The child and his/her family should be given information about the medical examina tion pr ocess a nd what is involved therein, so that they can choose whether or not to participate. S econdly, they should be allowed enough time to understand the information and to ask questions so tha t they can clar ify their doubts. Lastly, the child and/or his or her parent/guardian should agr ee to t he examination volunta rily, without feeling pressur ized to do so. In some situations it ma y be appropriate to spend time with the child/adolescent alone, without the parent/guardia n present. This may make it easier for the child t o ask questions and not feel coerced by a parent/guardian. (ii)Wher e the child is too young or otherwise incapable of giving consent, consent should be obta ined from the child’s parent, guardia n or other person in whom the child has trust and confidence. Ex-97/2015- 16 - (iii)The right to informed consent implies the right to infor med refusal. (iv)To be able to give informed consent, the child a nd his/ her pa rents/guardian need to understand that health ca re professionals ma y have a legal obliga tion to report the case a nd to disclose information received during the course of the consultation to the authorities even in the absence of consent. (v)Docu ment who was present during the conversation with the child. (vi)Docu ment questions asked and child’s a nswers in the child’s own words. (vii)Conduct the examina tion in a sensitive manner. It is important that the exam is never painful. The exam should be done in a manner that is least distur bing to the child. (viii)Focu s on asking simply wor ded, open-ended, non-leading questions, such as the “what, when, where, and how” questions, which a re impor tant to the medical evaluation of suspected child sexu al a bu se. (ix) Reliance should be placed as far as possible on such questioning as “tell me more” followed by “and then what happened?” (x) Do not ask uncomfortable questions related to details of the abuse, but try to find out more about the medical and fa mily history of the child. (xi) Using the child’s words for body parts may make the child more comfortable with difficult conversations about sexual activities. (xii)Using drawings may also help children describe where they may have been touched and with what they were touched. (xiii)Ensure that the child has a dequate privacy while the examination is being conducted. (xiv)Do not conduct the examina tion in a labor room or other place that may cause additional tr auma to the child. (xv)Always ensure patient privacy. Be sensitive to the child’s feelings of vulnerability and emba rrassment and s top the examination if the child indicates discomfort or withdraws permission to continue. (xvi)Always prepa re the child by explaining the examination and showing equipment; t his has been shown to diminish fears and anxiety. Encourage the child to ask questions about the examination. (xvii) If the child is old enough, and it is deemed appr opriate, ask whom they would like in the room for support dur ing the examination. Some older children ma y choose a trusted adult to be present. Sexual abuse of children is usually not physically violent. In the large major ity of children the physical exam is normal. A norma l or non-specific exam does not rule out sexual abuse. (xviii) As a minimum, the medical history should cover a ny known health problems (including allergies), immunization status and medications. In terms of ob taining information about the child’s general health status, useful questions to ask would be: (a)Tell me about your gener al health. (b)Have you seen a nurse or doctor lately? (c)Have you been diagnosed with any illnesses? (d)Have you ha d any operations? (e)Do you suffer from any infectious diseases? (xix)Carefully collect and preser ve for ensic evidence (xx)Clothing collection is critical when evidence is collect ed. Clothing, especially under wear, is the most likely positive site for evidentiary DNA.Ex-97/2015 - 17 - (xxi)Scene investigation, inclu ding collection of linens and clothing should be done early. Evidence from clothing and other objects is more likely to be positive than evidence from the patient’s body. (xxii) Children oft en report weeks or months aft er the a buse event, and physical injuries to the genital or a nal regions usually heal within a few days. This is why the medical provider should always cons ider differential dia gnosis and alternative explanations for physical signs and symptoms. (xxiii) In t he case of a child with special needs, ensure tha t the procedur es are explained to the child in a ma nner which he/she understands and t hat he/she is asked what help he/she requires, if any (e.g., a child with physical disabilities may need help to get on and off the medical examina tion table or to assume positions necessary for the examination). However, do not assume that the child will need special aid. Also, ask for permission before proceeding to help the child. (xxiv) Recognize that it may be the first time the child is having an internal examination. The child may ha ve very limited knowledge of repr oduct ive health issues a nd not be able to describe what happened to them. He/she may not know how he/she feels about the incident or even identify that a cr ime was committed against him/her. (x xv) Wher ever necessary, refer the child for counseling (xxvi) Wher ever applicable, refer the child for testing for HIV and other Sexu ally Transmitted Diseases. 3.4If the child resists the examination (i)If a child of any a ge refuses the genita l-anal examination, it is a clinical judgment of how to proceed. A rule of thumb is that the physical exam should not cause a ny trauma to the child. It may be wise to def er the examina tion under these cir cumstances. (ii)It may be possible to addr ess some of the child’s fears and anxieties (e.g. a fear of needles) or potential sources of unease (e.g. the sex of the examining healt h worker). Further, utmost comfort and ca re for the child should be provided e.g. , examining very sma ll children while on their mother ’s (or caregiver ’s) lap or lying with her on a couch. (iii)If the child s till refuses, the exa mination ma y need to be deferred or even abandoned. Never force the examination, esp ecially if there are no reported symptoms or injuries, beca use findings will be minimal and this coercion may represent yet another assault to the child. (iv)The child s hould not be held down or restrained for the examination (exception for infants or very young toddlers). 3.4.1Techniques to help the child relax (i)Offer clear age-appropriate expla nations for the reasons for each procedure, and offer the child some control over the exam process. (ii)Proceed slowly, exp lain ea ch step in adva nce. (iii)Use curtains to protect privacy, if the child wis hes. (iv)Explain to parent or support person that their job is t o talk to and distract the child, and the findings of the exam will be discussed with them a fter the exam is completed. (v)Position the parent near the child’s head. (vi)Use distracters. F or example, ask the pa rent to sing a song, or tell a familiar story, or read a book to the child. A nur se or other helper can do this if the parent is una ble. (vii)Use TV, cell phone game, or other visual distract ion. (viii)Do not forcibly restrain the child for the examina tion Ex-97/2015- 18 - 3.5Sedation for Medical Treatment (i)Sedation is rarely needed if the child is informed about what will ha ppen and there is adequate parental support for the child. (ii)Consider sedation or a general anesthetic only if the child refuses the examina tion and condit ions requiring medical attention, such as bleeding or a for eign body, are suspected. (iii)If it is known tha t the abuse was drug-a ssisted, the child needs to be told that he/she will be given a sedative or be put to sleep, that this may feel similar to what he/she has experienced in the past. (iv)Reassure the child about what will take place dur ing the time under sedation and that he/she will be informed of the finding. (v)However, conscious sedation is an option if examination and evidence collection is required, and the child is not a ble to cooperate. (vi)Speculum exam on a pre-pubertal girl should be done under anesthesia , not conscious sedation. 3.6The following pieces of information are essential to the medical history: (i)Last occurrence of alleged abuse (younger childr en may be una ble to answer this precisely). When do you say this happened? (ii)Fir s t time t he alleged abu se occur red. When is the fir st time you remember this ha ppening? (iii)Thr eats tha t were made. (iv)Nature of the assault, e.g. anal, vaginal and/or oral penetration. What area of your body did you say was touched or hurt? (T he child may not know the site of penetration but ma y be able to indicate by pointing. This is an indica tion to examine both genital and anal regions in all cases.) (v)Whether or not the child noticed a ny injuries or complained of pain. (vi)Vaginal or anal pa in, bleeding and/or discharge following the event. Do you have any pain in your bottom or genital area? Is there any blood in your panties or in the toilet? (Use whatever term is culturally accept able or commonly used for these parts of the anatomy.) (vii)Any difficulty or pain with voiding or defecating. Does it hurt when you go to the bathr oom? (indication to examine both genita l and a nal regions in all cases.) (viii)Any urinary or faecal incontinence. (ix)Whether or not the child noticed a ny injuries or complained of pain. (x)In case of children, illustrative books, body charts or a doll can be used if available, to elicit the history of the assault. When it is difficult to elicit history from a child, please call an expert. 3.7W hen performing the head -to -toe examinatio n of c hildren, the fo llowing points are particularly noteworthy: (i)Record the height and weight of the child (neglect ma y co-exist wit h sexua l abuse). Note any bruises, burns, scars or r ashes on the skin. Ca refully describe the size, location, pattern and color of a ny such injur ies. (ii)Check for a ny signs that force a nd/or r estraints were used, particularly a round the neck and in the ext r emit ies . (iii) Record the child’s sexual development stage and check the br easts for signs of injury. (iv) If the survivor is menstr uating a t the time of examination then a second examination is required on a later date in order to record the injuries clearly.Ex-97/2015 - 19 - (v) Some amount of evidence is lost because of menst ruation. Hence it is important to record whether the survivor was menstrua ting at the time of assault/examination. (vi)The same applies to bathing, douching, defecating, urina ting and use of spermicide after the assault. 3.8Role of Medical Professionals as Expert Witnesses Deciding ca ses of child sexual abuse would be much easier if it left clear-cut physical evidence. Unfortuna tely, child sexual abuse oft en leaves no such evidence. Child sexual abuse is often exceedingly difficult to prove. It usually occu rs in secret, often over a prolonged period of time, and does not always leave physical marks; in addition to this, the child is usually the only eyewitness . While many children are capable witnesses, some cannot give conclusive testimony, and consequently, children’s testimony is sometimes ineffective. In such cases, the testimony of an expert medical witness can be useful. Physicians can provide opinion testimony that is based upon the child’s history, sta tements, and medical exa mination, even if the physician’s examination of the child revea ls no concrete physical evidence supportive of the child’s allegations. (i)Courts in India in their judgments described an expert as a person who has a cquired special knowledge, skill or experience in any ar t, trade or pr ofession. Experts have knowledge, skill, experience, or training concerning a particular subject matter that is generally beyond the knowledge of the average person. Such knowledge may have been obtained by practice, observation or careful study. T he expert thus operates in a field beyond the range of common knowledge. (ii)Expert evidence is covered under Ss.45-51 of Indian Evidence Act. The subjects of expert testimony mentioned by the section a re foreign law, science, art and the identit y of ha ndwriting or finger impressions. (iii)In general, whether or not the testimony of an expert will be useful in any given case is almost alwa ys left to the discretion of t he tria l judge before whom the testimony is proffer ed. However, even where the Court has some degree of knowledge or familiar ity with the subject, an expert’s test imony ma y be valuable to add insight and dept h its understa nding of the ma tter, or to educate them as to commonly held prejudices and misconceptions which might negatively impact upon an impartial and just decision. (iv)In general, the opinions of medica l professionals are admissible upon questions such as insanity, the causes of diseases, the nature of t he injur ies, the weapons which might have been used to cause injur ies or death, medicines, poisons, the condit ions of gestation, etc. In the case of quest ions pertaining t o age determination, positive evidence furnished by birth r egister, by members of the family, with regard to the age, will have prefer ence over the opinion of the doctor: but, if the evidence is wholly unsatisfactor y, and if the ossifica tion test in the case is complete, such a test can be accepted as a surer ground for determination of age. (v)In their testimony regarding a for ensic examination, medical pr ofessionals typically describe the process of examining the victim, the physical findings that were observed, and their interpretation. It is important to remember that the medical professiona l cannot be asked to testify t o “diagnose” sexu al abuse. T he doctor cannot make any definitive conclusions regarding the degree of force used by the abuser or whether the victim consented t o a ny sexual activity. What he/she can appr opriately conclude is whether there is evidence of sexual contact and/or recent trauma. He/ she can state whether the medical history and exa mination are consistent with sexual abuse. Ex-97/2015- 20 - (vi)In many child abuse ca ses, experts have firsthand knowledge of the child because the expert tr eated or examined the child. However, an expert may be called upon to r ender an op inion concerning a child without personally examining the child. (vii)However, it is important to remember tha t doctors are rarely expert in interviewing, and often assume the truth of what the patient tells them. The testimony is pr esented as if the doct or ’s opinion is based on physical findings when it is not. It is often largely or wholly ba sed on statements made, a far different and less scientific basis than objective findings upon examination. (viii)In a ddition to this, opinions may be sought from menta l healt h experts as to the psychological effects of child sexual abuse, such as PT SD and Child Sexual Abuse Accommodation Syndr ome. (ix)It is for the legal representative who pr oposes the use of expert test imony to establish his /her credentials, preferably listing his/her formal qualifications. T he adequacy of the qualification of the expert and the admissibility of his/her testimony are within the discretion of the Special Court. (x)Before giving evidence the expert will usually have pr epared a repor t, either assessing one or more parties to the case or assessing other experts’ reports. His/her report should be reliable on the basis of the following criteria: (a)It should provide a cont ext in layman’s terms from which to understand the basis of his/her opinion (b)It should be clear when the expert is stating corroborated fact and when he/she is merely repea ting what he/she has been told by the alleged offender. Assertions which are based entirely on the alleged offender ’s perception are likely to be misleading. (c)The expert must r eview the information impartially rather than ignore matters which are inconvenient to his/her conclusions. (d)The report should avoid restating incidental trivia and give preference to examining a nd analyzing the crucia l issues of the case. (e)The expert should demonstrate knowledge of the process and dynamics of child sexua l abuse and help to make sense of the child’s and non-abusing parent’s exp eriences and p erceptions. Victims and non-abusing par tners of offenders often do not act rationa lly and can appear collusive with the offender, whereas their behavior results from the control the offender exer cises over them. It is u seful to have t his explained in the ex pert rep or t. (f)All professions ha ve their exclusive language, but it is best that the exp ert present the issues in language tha t the court, advocate and parties can understand. (g)The expert must not rely solely on quoted research to support his/her a rguments, and should r efer to clinical experience as well. An expert op inion must be premised on a r easonable degree of certainty. The expert cannot speculate or guess . It is clear, however, that an expert need not be absolutely certain a bout a subject before offering an opinion. All that is required is reasonable clinical certa inty It is important to remember that while an expert’s testimony may be deemed relevant, necessary, reliable, and ther efore admissible under t he afor ementioned guidelines , it is ultima tely the prerogative of the judge to determine what weight should be afforded the testimony. NoEx-97/2015 - 21 - matter how qualified the expert, the court is not bound by a n expert’s conclusions and can exercise its discretion in this regard, keeping in mind all the other evidence presented to it. 4.FAQs on Medical Examination Doctors may be faced with some of these questions from children as well as parents and caregivers: (i)Why is the medical examination necessary? The medical exam is a very important tool in evaluating sexual abuse. The physical examination can identify both new and old injuries, detect sexually transmitted diseases and provide evidence of sexual cont act. If done in a sensitive manner, the examination can answer any questions or concerns t he child may have and reassure the child about their well-being and that their body is private. The exam also has evidentiary value in a court of law. (ii)The last time my child was touched in a sexually inappropriate manner was over a year ago. Is the medical exam still necessary? Yes. Most children r evea l their experience of a buse after a long time ha s pa ssed, for example, when they ar e older or feel that they are no longer in danger of being abused again. Some even revea l it accidentally. In such cases, the medical examination ca n reassure the child a bout their well-being and address any worried the child may have about the injuries they suffered due to the abuse. Some children may have inju ries that healed a long time ago but can be seen with the help of special equipment. (iii)Is the examination uncomfortable for the child? No. the exa mination itself is rar ely physically uncomfortable for the child; however, what may cause discomfort is the attitude of the person conduct ing the examination. For this reason, it is impor tant that all medical health car e professionals be tra ined in conduct ing medical exa minations of children in a sensitive manner. T he doctor is expected to explain the procedure to t he child and his/ her parents and obta in their consent prior to conducting the exa mination, as well as a nswer any quest ions they may have. (iv)Can the parent(s) be present while the examination is being conducted? Yes. Section 27 of the new POCSO Act, 2012 specifically requires that the examination be conducted in the pr esence of the child’s parents/ guardia n or other person in whom the child has trust and confidence. (v)Is the medical examination of the child conducted in the same manner as an adult female gynaecological examination? (vi)Will the doctor/ nurse be able to tell if there was penetration? (vii)How is the examination of a boy different from that of a girl? (viii)Why can’t a family doctor or another doctor known to the child do the examination? (ix)Will the child be tested for HIV/ STDs? (x)Will the doctor/nurse give evidence in court if needed? Ex-97/2015- 22 - (xi)Will the child have to be sedated for the examination? (xii)Where will the medical examination be conducted? (xiii)Who will conduct follow-up examinations, in case the child needs treatment for STDs or HIV? (xiv)What happens after the medical exam, will the child and his/her parents be allowed to see the report? (xv)What about the child’s mental health needs? CHAPTER - 5 Psychologists and Mental Health Experts 1.Relevant Legal Provisions in the Act and Rules and related laws: Rule 4(2)(e):Wher e an SJP U or the local police receives any information under sub-section (1 ) of section 19 of the Act, they must inform the child and his/her par ent or guardian or other person in whom the child has trust and confidence of the availability of support services including counseling, and assist them in cont acting t he persons who are responsible for pr oviding these s ervices and relief. Rule 5(4)(v):Wher ever necessary, a referral or consult ation for menta l or psychological hea lth or other counseling should be made by the medica l professional rendering emergency medical care to the child. Thus, the rules made under the POCSO Act, 2012 provide that the child may be referred for counseling either by the police or by a doctor. 2.Counselors 2.1Role of Counselors The counselor ’s duties will include: (i)To understand the child’s physical and emotional s tate (ii)To r esolve trauma and foster healing and gr owth (iii)To hear the child’s version of the circumstances leading to the concern (iv)To r espond appropriately to the child when in cr isis (v)To provide counseling, support, and group-based progr ams to children refer red to them (vi)To improve and enhance the child’s overa ll personal and socia l development, and his /her health and wellbeing (vii)To facilitate the reintegr ation of the child into his/her family/ community 2.2Who may be appointed as a Counselor? Counseling for children and families at risk is an integral component of the ICPS. The ICPS envisages the development of a cadre of counselors to provide professional counseling services under various components of the scheme. Counseling may b e providedunder ICPS by any of the following:Ex-97/2015 - 23 - (i)CHILDLINE Service (ii)Counselors appointed by the District Child Protection Society, who will report to the Legal-cum-Pr obation Officer and will be responsible for providing counseling support to a ll children and families coming in contact with the DCPS (iii)NGOs and other voluntary sector organizations In a ll cases of penetrative sexua l assault and a ll aggr avated cases, arrangements should be made as fa r as possible to ensur e that the child is provided counseling support. Where a counselor is not a vailable within the existing ICPS fr amework, the State Government may secure the engagement of externa l counselors on contract ba sis. 2.3Criteria for engagement as Counselor In order to enable the engagement of counselors from outside the ICPS, including senior cou nselors for the more aggra vated cases, the DCPU in each district shall maint ain a list of persons who may be appointed as counselors to assist the child. These could include menta l health professionals employed by Government or priva te hospitals a nd institutions, as well as NGOs and private practitioners outside the ICPS mechanism, chosen on the basis of objective criteria. As indicative criteria, for any counselor engaged to provide services to a sexually a bused child, a gr aduate degree, prefer ably in Sociology/ Psychology (Child Psychology)/ Social Work is a must. In addition to this, a t least 2 to 3 years of work experience related to providing counseling services to children in need of care and protection as well as their parents and families and tr aining on handling cases of child sexu al abuse is essential in order to ensure that the child r eceives counseling from those qualified for and experienced in pr oviding it. 2.4Counseling Services under the Integrated Child Protection Scheme: Training of personnel Counseling can be difficult for children because of the nature of being a child and the difficulty in relating to an adult, especia lly an adult that they don’t know. Counseling for abused children therefore requires tha t the counselor is tra ined in the subject and understands how children communica te. The ICPS therefore provides that only trained professiona ls provide services (including counseling) t o children. If untrained persons are holding these posts, the State Government or the Officer-in-charge should provide for in-service tr aining to them. The State Government may take the help of NIPPCD, National Institute of Social Defence (NISD), NIMHANS and recognized schools/institutes of social work or expert bodies/institutions specialized in child r elated issues for orga nizing s pecialized training pr ogrammes for different ca tegories of personnel. The tra ining p rogrammes should include issues relating to child rights, child psychology, handling children sensitively, counseling, life skills training, dealing with problem behavior, child sexual abuse and its impa ct, child development, trauma, neurobiology, handling disclosure and basic counseling skills . These training progr ammes could be arranged as: (i)Orientation and tr aining for newly-recruited staff and in-service tr aining for exis ting st aff. (ii)Refr esher tr aining courses for every staff member at least once in ever y two years. (iii)Participation in periodic staff conferences, seminars and workshops with the various other stakeholders or functionar ies of the Juvenile Justice S ystem and the State Government at var ious levels. Ex-97/2015- 24 - 2.5Payment to Counselors Counselors employed by the DCPU are entitled to receive their monthly salaries at the pre- determined r ates. T hey will be performing their duties in relation to t he POCSO Act, 2012 in the scop e of their work and will not r eceive additional remuneration for this wor k, except reimbursement of local tr avel costs and other miscella neous expenditure. Counselors engaged externally may be remunerated from the Fund constituted by the State Government under S ection 61 of the JJ Act, or under any other Fund set up by the State Government for this purpose. The rates for payment shall be as fixed by the DCPU. 2.6Basic Principles of Counseling Young Children Sexually abused children ar e traumatized a nd vulnerable. They ma y show certain identifiable behavioral signs of abuse, but often, these are not immediately obvious and will reveal themselves only over a period of time. As a counselor, one must be aware of the signs of sexual abuse. Children often find it very difficult to disclose sexual abuse, due to the following reasons: 3.Why a child may not disclose abuse Reasons include but are not limited to: (i)He/s he is embarra ssed (ii)He/ she does not know if what is happening to them is normal or not (iii)He/ she does not have the words t o speak out (iv)The abuser is a known person and the child does not wa nt to get them in trouble (v)The abuser told the child to keep it a secret (vi)The child is afraid that no one will believe him/ her (vii)The abuser b ribes or threatens the child (viii)He/ she think you a lready know Being aware of these signs would alert the counselor to the possibility of sexual abuse. 4.Indicators 4.1Behavioral Indicators: (i)Abrupt changes in behavior such as self harm, talks of suicide or a ttempt to suicide, poor impulse control etc. (ii)Reluctance to go home. (iii)Sexualized behavior or acting out sexua lly. (iv)Low self-esteem. (v)Wear ing many layers of clothing r egardless of the weather. (vi)Recurrent nightmar es or disturbed sleep patterns and fear of the dark. (vii)Regression to more infantile behavior like bed-wetting, thumb-sucking or excessive cr ying. (viii)Poor peer relationships. (ix)Eating disturbances. (x)Negative coping skills, such as substance abuse and/or self-harm.Ex-97/2015 - 25 - (xi)An increase in irritability or temper tantr ums. (xii)Fears of a particular person or object. (xiii)Aggression towards others. (xiv)Poor school performa nce. (xv)Knowing more about sexual behavior than is expected of a child of that age: (a)Child may hate own genita ls or demand privacy in an aggress ive manner. (b)Child may think of all relationships in a sexual manner. (c)Child may dislike being his/her own gender. (d)Child may use inappropriate language continuously in his or her vocabulary or may use socially unacceptable slang. (e)Child may carry out sexualized play (simulating sex with other childr en). (f)Unwa rranted curiosity towards sexual act like visiting adult sites or watching adult images or cont ent. 4.2.Physical Indicators: (i)Sexually transmitted diseases, (ii)Pr egna ncy, (iii)Complaints of pain or itching in the genital a rea, (iv)Difficulty in walking or sitting, (v)Repea ted unus ual inju ries, (vi)Pain during elimination, and (vii)Frequent yeast infections. 5.Effects of child sexual abuse Counselors have a very important role to play in limiting the short-term and long term effect of child sexual abuse. These are as below: (i)Feeling of powerlessness; (ii)Anger; (iii)Anxiety; (iv)Fear; (v)Phobias; (vi)Nightmares; (vii)Difficult y concentr ating; (viii)Flashbacks of the events; (ix)Fear of confr onting the offender; (x)Loss of self esteem and confidence; (xi)Feelings of guilt. If childhood sexual abuse is not treated, long-term symptoms can go on through adult hood. T hese may inclu de: (i)PTSD and anxiety. (ii)Depr ession and thoughts of suicide. (iii)Sexu al anxiety and disorders, including having too many or unsa fe sexual partners. Ex-97/2015- 26 - (iv)Difficulty setting safe limits with others (e.g., saying no to people) and r elationship problems. (v)Poor body image and low s elf-est eem. (vi)Unhealthy behaviors, such as alcohol, drugs, self-harm, or eating problems. These behaviors a re often used to try to hide painful emotions related to the abuse. (vii)Issues in maintaining relationships. 6.The language of the child (i)The first step in counseling a sexually abused child is to establish a trusting r elationship with the child, so that the child can communica te freely with the counselor. Thus, the counselor would need to speak to the child in its own language, taking into account his or her age, matur ity and emotional state. (ii)It is important to explain the purpose of counseling to the child and to explain that it will include discussion about the abuse suffered by the child. T his will help the child to be prepared for the discussion, and prevent him or her from withdrawing when an uncomfortable topic comes up. (iii)Allow for free flow of talk without too many intensive questions. Don’t begin questioning the child immediately about his/her problem. (iv)Try not to be intimidating authoritaria n or too patronizing. Don’t control the child’s conversation – follow the child’s lead. (v)Children often lack the vocabula ry to discuss sexual a cts, and it is important for the counselor to be aware of the child’s sensitivities and difficu lties before ta lking about sexual issues with him or her. To gain this insight, all relevant legal, medica l and fa mily history of the case should be collected from the Proba tion Officer or parents/guardian. (vi)While the police or other investigative agency may ha ve already obtained a disclosure from the child about the main incident of abuse, the child’s s essions with the counselor may reveal new incidents. It is thus advisable t o get the counselor involved as early as possible into the pre-trial process. 7.Response to Disclosure. How to respond if the child discloses abuse. (i)Believe him or her.The most important thing is to believe the child. Children rar elylie about abuse; what is more common is a child denying that abuse happened when it did. Tell the child you believe him/her. (ii)Don’t be emotionally overwhelmedand try to remain composed while talking tothe child. (iii)Do not interrogate the child. It can be traumatic for the child to repeat his/herstory numerous times. Leave the questioning to the legal and police personnel. (iv)Reas sure the child that the abuse is not their fault. The child’s greatest fear is thathe or she is responsible for the abuse. Be sure to make it clear that what happened is not a result of anything he/she did or did not do. This is particularly important when the accused person is a member of the child’s family, such a s his or her fa ther, a nd the child feels guilty at having put that person to trouble. Reassure them that prompt and adequate steps will be taken to stop the abuse.Ex-97/2015 - 27 - (v)Do not make promises you can’t keep. Do not make promises such as the childwill never have to see the abuser aga in, tha t nothing will change, or other such promises. (vi)Believing and supporting the child are two of the best actions to start the healing process.Appr opriate and helpful r esponses to disclosur es are as follows: (a)“I a m glad you told me, thank you for tr usting me.” (b)“You are ver y brave and did the right thing.” (c)“It wasn’t your fault.” The counselor should be a ware that the effects of child sexua l abuse are long-term and can change the world view and the course of life of the child. The first step in t he healing process is for the child t o talk a bout the abuse, and it is the counselor ’s duty to facilit ate this; however, the process of recovery ma y be long and the child will have other needs that the counselor can attend to. These include: (i)Rapport Building, (ii)working on the feelings of the child, (iii)Psychologica l Educa tion on safe and unsafe touches, feelings, thoughts a nd behavior, safer coping techniques (iv)Helping the child to understand the abuse was not their fa ult; (v)Helping the child to develop of or regain their self-confidence; (vi)Provide sex education; (vii)Encourage appropria te social behavior; (viii)Help the child to identify people who can form a supportive social environment ar ound him or her. The counselor is t herefore a very important tool for the child in rebuilding his or her life after he ha s been sexu ally a bu sed. 8.Counseling for families Having to cope with the abuse of their own child may be the most difficult challenge of a parent’s life. If the parent(s) can get counseling for themselves through this difficult period, it will also help the child with his/her counseling. 8.1Experience of parents after a child sexual abuse disclosure When parents first find out about their children being sexually abused, they will experience a wide range of feelings. T hey may experience denial, anger, betrayal, confusion and disbelief. Parents often tend to blame themselves for not paying attention to their child’s behaviors or complaints earlier on. They may feel tha t they have failed as parents and they didn’t protect their children. For some par ents they may wonder why their children didn’t disclose to them directly but to others. Some parents also become angry at themselves or at their spouses for not supporting the family. In addition to a wide range of emotional experiences, par ents ma y also experience insomnia, change of appetite or other physical complaints. Some par ents also feel conflicting emotions, especially if the a ccused perpetrator is someone they have trusted, a close friend or a family member. There may be feelings of loyalty and love towards the Ex-97/2015- 28 - offending p erson as well as towar ds the victim. Family members may choose sides with some believing it ha ppened and others refusing to believe it cou ld have. P arents may disagr ee a bout how to handle the situation. If the offender is the spouse or partner of the parent, what the relationship is like can strongly influence the parent’s act ions once he/she learns of the abuse. If feelings toward the offending spouse/ partner are positive or mixed, decisions about staying together, or to divorce or separate will be more difficult to sort thr ough. Parents may be faced with making decisions about whether to continue the relationship with the offender, how to deal with contact between the offender and the child, and re-establishing trust and communication in the family. The feelings a pa rent has toward the offender may affect a pa rent’s ability to believe in and support the child. When offenders deny or minimize the abuse or blame the child the situation gets very complicated. If a parent doesn’t believe a child who has been abused and suppor ts the offender, there can be s ever e damage to the child. The child will feel betr ayed by the par ent as well as the offender. Wha t ever y child victim needs is to be believed and t o know that he or she is not at fault. When the par ent is able to support a nd stand up for the child, the child has an excellent chance of recovering from the effect s of sexu al abuse. It is very important to get help and support for their feelings because parents reactions make a big difference in childr en’s recovery. Families are children’s most important resource for recovery. 8.2Coping after the child’s sexual abuse disclos ure: (i)The par ents should be advised to try not to completely immerse themselves in suppor ting or worr ying about their child. No ma tter how much they love and care about their family, they also need to cons ciously set aside time for their own needs. (ii)As they are dealing with the police investigation, social workers interview or other pr ofessionals regarding their child’s s exual a buse disclosur e, it is especially important for them to take car e of themselves physically and emotiona lly. (iii)Their child needs t heir ca re and their a ttention during this time of confusion and overwhelming circumstances. If they are experiencing insomnia or depression, they may need to ta lk to their doct or about treatment or seek professional counseling. (iv)They should be advised to find diversions that will lighten their emotional load and recha rge their abilit y to give support. If they have a spouse, pa rtner or other children, they should spend time with them. They should demonstrate to their child that there is life beyond what ha s happened. This will also aid the child’s recovery pr ocess a nd help the child go on with his or her own life. (v)They may find that they feel over-protective towards their child and do not want to let them out of t heir sight. However, it is important not to restrict the child’s play for their own peace of mind – the child will feel they are punishing him/her by not letting him/her play with friends. Pla ying is also a kind of therapy. (vi)The parents should allow the child, as far as possible, to carry on with his/ her normal activities and encourage the child to participate in any activities available either at school or in the community. T his will divert the child’s attention and help him/ her to understa nd that things will eventually get bet ter.Ex-97/2015 - 29 - (vii)As they try to deal with t he sexu al abuse of their child, they may start to piece together many clues and indicator s of the child abuse that went unnoticed ea rlier. This information will help them to understand what their child has gone thr ough and the impact on him or her. (viii)However, it may also increase their sense of guilt and they may blame themselves for not acting earlier. It is important for such a par ent to be told that no parent/caregiver can be everywhere all the time. Instead of tormenting themselves, they should share with an understanding family member or friend about their feelings and emotions; this will help them to move on. (ix)Wher e the abuser is not a parent, it is cr ucial for both parents to support each other during this critical and painful time. Blaming each other for not protecting their child will not help solve the problem. Open or secret blaming on one of the pa rents will further impact their child’s sense of safety and sense of security. Their child has already been violated a nd has experienced lack of safety. Therefore, it is critical for both parents to focus on supporting the child as a team. A cr isis like this ma y put a strain on their relationship, especially a relationship that has already been shaky or difficult. (x)They natura lly want to comfort, heal and pr otect their child in the a fterma th of a traumatic experience, but their own physica l and emotional energy isn’t limitless. If t hey try to give too much of themselves thr oughout the recovery pr ocess , they may find themselves resenting or withdrawing just when their child needs they most. No one person — not even a parent — can give a child all the support they need, so they should help their child to spend „ quality time with other people who ca re about them a nd can support in their recovery. (xi)Seeking pr ofessiona l counseling is important especially if their child’s or their beha vioral & emotiona l reactions do not subside. S eeking professional help earlier on can be very helpful. Talk to a counselor or a therapist for a few sessions to debr ief and process their emotions regar ding the child’s sexual abuse incident as well as their confusion. A trained professional will be able to facilitate a healing and closure for them. It is important for them to be able to find s trengths to supp or t and reassur e their child a fter these tra umatic experiences. 8.3Protecting the Child from Further Harm Here are some ways to help protect their child from further abuse and minimize the emotional t rauma their child may experience: (i)Prevent contact between their child and the offender until an investigation has ta ken pla ce. Explain to their child tha t he/she should tell them immediately if the offender attempts to touch or bother them again in any way. (ii)Do not talk to the offender in front of the child. (iii)Continue to believe their child and do not bla me him/her for what happened. Give their child support and reassur ance tha t he/she is okay and safe. (iv)Resp ond to concerns or feelings their child expr esses a bout sexual abuse calmly. Listen to their child but do not ask a lot of questions. (v)Resp ect their child’s priva cy by not telling a lot of people, and make sure tha t other people, who know, don’t bring the subject up to their child. Listen to their child, but don’t a sk for informa tion Ex-97/2015- 30 - on personal safety or details about the abuse. Let the professionals do the interviewing to find out the details. A legal case can be negatively a ffect ed if the child ha s been questioned by non- professionals. (vi)Try to follow the r egular routine around the home; maintain the usual bedtimes, chores and rules. (vii)Let the child’s brothers a nd sisters know that something has ha ppened to the child and that he or she is safe now and will b e protected. Ma ke sure that all children in the family are given enough information on personal sa fety so to be able to protect themselves from the offender without discussing the details of the incident. (viii)Talk about their feelings with someone they trust – a friend, relative, or counselor. It is best not to discuss their worries in front of, or with, their children. CHAPTER - 6 Social Workers and Support Persons 1.Social Worker: Inquiry As per Section 19(6) of the POCSO Act, 2012 where an F.I.R. has been registered before the Special Juvenile Police Unit (SJPU) or local police station in r espect of any offence committed against a child under the said Act, the case should be reported by the SJP U or the local police to the Child Welfare Committee (CWC) within 24 hours. Additionally, as per Rule 4(3), a child is to be produced before the CWC in the following three situations: (i)There is a reasonable appr ehension that the offence has been committed or attempted or is likely to be committed by a person living in t he same or sha red household with the child, or (ii)The child is living in a child car e institution a nd is without parental support, or (iii)The child is found to be without any home and parental support. Wher e a child is produced before the CWC in the three situations described above, the relevant CWC must pr oceed, in accordance with it s powers under sub-section (1) of section 31 of the Juvenile Justice (Car e and P rotection of Children) Act, 2000 (JJ Act), to make a determination within three days, either on its own or with the assista nce of a Social Worker /Probation Officer/Non-Governmental Orga nization (NGO)/ any other person found fit by the CWC, as to whether the child needs to be taken out of the physical custody of his/her family or shar ed household and placed in a Children’s Home or a Shelter Home. As per Rule 4(5) of the POCSO Rules, 2012, the CWC should take into account any prefer ence or opinion expressed by the child on the matter together with best interest of t he child. Also, prior to making such determination, an inquiry s hould be conducted in such a way tha t the child is not unnecessa rily exposed to injury or inconvenience. This inquir y may therefor e be conducted either by the CWC it self or with the assistance of a Social Worker/Proba tion Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC to be appointed for this purpose. Where a support person has been appointed for the child, the same person may be engaged to conduct the inqu iry under Rule 4(5) t o assist the CWC in its inquiry.Ex-97/2015 - 31 - The Social Worker/P robation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC may pr epare his/her r eport a fter int erviewing the child and other affected persons to determine the following: (i)the child’s physical and emotional state; (ii)whether the child needs any urgent care such as medical/ mental health intervention, shelter, etc.; (iii)to hear the child’s version of the circu mstances leading to t he concern; (iv)to get an insight into the child’s relationship with his/her parents or guardian or other person in whom the child has trust and confidence; (v)to support the child to participate in decisions affecting him accor ding to his/her age a nd level of maturity; and 2.Guidelines for interviewing the child and other affected and relevant persons The interviewer should follow the guidelines in Chapter 1 in his/ her interact ion with the child. Wher e the child has been found to be without family support, the interviewer should ask the child to confirm whether she/he ha s a relative or other person in whom she/he has trust and confidence to support him/her. In this ca se, attempt should be made to contact such person and inquir e whether she/he is fit and willing to assume charge of the child before a decision is taken to institutionalize the child. Wher e the child had been living in a child care institution prior to the abuse, and the abuse is alleged to have occurred within that institution, the interviewer must confirm this with the child. In such cases, a recommendation would then have to be ma de to t ransfer the child to a nother institution. Wher e the alleged offender is a member of the child’s fa mily or shared household, the interviewer should consider interviewing the parent or guardian or other family member of the child, in the child’s absence. The interviewer should however convey to all parties that no assumptions have been made about whether abuse has occurred, and whether it occur red at the hands of the alleged offender. An interview with the child could result in sharing of confidential information. Hence, it should be conducted in a place where the child is assured of privacy. The interviewer should also cons ider other children (boys as well as girls) that may have had contact with the alleged perpetrator and recommend keeping the alleged perpetrator away from such children. For example, there may be an indication to examine the child’s siblings or other children living in the child care institution where the child was abused. After the interview, the following details must be recor ded: (i)A su mmary s heet containing family deta ils; (ii)A record of all enquiries made a bout the case a nd the response obtained; (iii)A record of all contacts between the worker and the child and his or her parents/caregivers; (iv)A record of all contact between the worker and other professionals, including working arra ngements and agreements; (v)A summary, to be up dated regularly, on recent events and their significa nce; (vi)A report of all Court proceedings, reviews and a ny other meetings, as well as any other relevant documentation; (vii)Details of assessment and outcomes; Ex-97/2015- 32 - (viii)A record of any decisions made; (ix)A copy of a ny child protection plans; (x)A copy of a ll corr espondence about the case. 2.1Social Worker’s/Probation Officer’s/Non-Governmental Organization’s (NGO)/any other person’s (found fit by the CWC) recommendation and further action by CWC Wher e the S ocial Worker/ P robation Officer/Non-G overnmental Organization (NGO)/any other person found fit by the CWC concludes, following his/her interaction with the child and other affected persons tha t the child needs to be removed from the physical custody of his/her par ents/ guardian/care giver, s/he should make a recommendation to the CWC to this effect. Upon receiving the report of the Social worker/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC, the CWC has to make a determination as to whether the child must be removed from the custody of his/her parents/guardian/ car e giver and pla ced in a Childr en’s Home or Shelter Home. In making t his determination, the CWC shall ta ke into account any pr eference or opinion expressed by the child on the matter, together with a ll relevant fa ctors that may have a bearing on the best interests of the child, having regard to the consider ations referred to in Rule 4(5) of P OCSO Rules, 2012. However, the CWC sha ll as far as possible avoid repeatedly quest ioning or interviewing the child. 3.Support persons: Relevant provision The child must have access to support services which provide information, emotional and psychological support and practical assistance which a re often crucial to the recovery of the child and help him to cope with the aftermath of the crime and with the str ain of any criminal proceedings. The Protection of Children from Sexual Offences Act, 2012 int roduces the concept of a support person, to provide support to the child t hrough the pre-trial a nd tria l process. The support person is thus, in a way, a guardianad litem for a child. He can be a useful intermediary between the authorities and the child. Rule 4(7) of the POCSO Rules states: The Child Welfare Committee, on receiving a report under sub-section (6) of section 19 of the Act or on the basis of its assess ment under sub-rule (5 ), and with the consent of the child and his/her pa rent or guardian or other person in whom the child has trust and confidence, may provide a suppor t person to render assistance to the child through the process of investigation and trial. Such support person may be a person or organization working in the field of child rights or child protection, or a n official of a childr en’s home or shelter home having custody of the child, or a person employed by the DCPU: Provided that nothing in these rules sha ll prevent the child a nd his/her par ents or guardia n or other person in whom the child has trust and confidence from seeking the assistance of any person or orga nization for proceedings under the Act. Thus, the support person may be appointed either by the Child Welfare Committee or by the child and his/her family themselves.Ex-97/2015 - 33 - Rule 4(2) (e) of the POCSO Rules, 2012 states that it shall be the duty of the police official who receives a r eport of an offence to inform the child and his/her parent or guardian or other person in whom the child has trust and confidence of the availability of support services including counseling, and assist them in cont acting the per sons who are responsible for providing these services a nd r elief. T he police official should therefore inform the child and his/her parent, guardian or other person in whom the child has trust a nd confidence of the provision for engaging a support person to help him and his /her fa mily through the trial and pre-trial process, and a ssist them in accessing these services. Under Rule 4 (9) and (10) of the POCSO Rules, 2012 the Special Court is to be informed by the SJPU or local police station about the a ppointment and termination of support person. This reflects that the support person also has a r ole to play before the Specia l Court. The support person may be ca lled upon by the Special Court to ascertain information about the child, such as whether the child is in a safe and protective environment, preferences of the child in a given situation. As t he support person is required to assist the child through the entire process, s/he shou ld also be present each time the child is required to attend before the Special Court. 3.1List of Support Persons The DCPU and the CWC shall maint ain a list of persons/ NGOs who ma y be appointed as support person to assist the child. This could include the following: (i)Persons working in t he field of child rights/ child protection (ii)NGO or other organization working in the field of child rights/ child protection, inclu ding Childline and its support organizations (iii)Officials of a children’s home or shelter home (iv)Persons employed by the DCPU, including: (a) Legal-cum-Proba tion Officer (b) Social worker (c) Outreach worker (d) Counselor The CWC may appoint any pr ofessional or any other person as a support person in the best interest of a particular child. However, in such cases, the CWC must ensure that there is no conflict of interest in the appointment of the suppor t person, and must also give its reasons in writing for ha ving appointed a s support person such professional or person. Rule 4(10) of the POCSO Rules, 2012 provides that the services of a support person may be terminated by the CWC upon request by the child or his/her parent or guardian or person in whom the child has trust a nd confidence, and tha t the child or person requesting the termination is not required to give any reason for this request. Thus, where the child or his/her parent or guar dian or person in whom the child has trust and confidence have reason to believe that the support person is not acting in the best interest of the child, they may request his/her remova l. In such a ca se, a new support person may be provided by CWC with the consent of the child and his/her parent s or gua rdian or other person in whom the child has tr ust a nd confidence. Ex-97/2015- 34 - 3.2Training o f suppo rt persons The support person should fulfill the r equirements of having basic training in communica ting with and assisting children of different a ges and backgrounds to prevent the risks of r e-victimization and secondary victimiza tion. F urther, the support person must have an understanding of the legal and C ourt procedures involved in the conduct of a case under the POCSO Act, 2012. He has to be able to render concrete support to the child and facilitate his/her act ive par ticipation, while not disturbing the proceedings by his/her presence. To ensure t his, the DCPU must arr ange for periodic training modules t o impar t this knowledge to those registered with it or with the CWC for engagement as support persons. 3.3Payment to Support Person Officials of Children’s Homes and Shelter Homes and persons employed by the DCPU a re entitled to receive their monthly sa laries at the pre-determined rates. They will be performing the functions of support persons as part of the scope of their work and will not receive additional remuneration for this work, except reimbursement of local tra vel cos ts and other miscella neous expenditure. Child right s/ child protection experts and NGOs may be remunerated from the Fund constit uted by t he State Government under Section 61 of the JJ Act, or under any other State Gover nment F und at r ates set up by the State Government including DCPU for this purpose. The duties and role of a support person are given under Rule 4 of the POCS O Rules, 2012. The support person is instrumental in maintaining the link between the child and law enforcement authorities by providing information to the child and his/her family about the progress of the case. Further, the successful rehabilitation of the child is dependent on the degree of sensitivity and level of understanding with which the support persons deals with him the child while addressing his/her problems. (i)Esta blishing trust with t he support person is importa nt and may only happen over a period of time. It is therefore advisable to appoint a support person at a n early stage a nd to have the same person accompany t he child throughout the whole proceedings. The mor e the child feels familiar with his/her support person, the more he will feel at ease. (ii)It would also be useful to this end if the selection of the support person is done via a process involving the child. (iii)Decisions on when to carry out any interviews should a s far as possible take account of the child’s sit uation and needs. (iv)It is impor tant to prevent secondary victimization by ensuring that the child is int erviewed as early as possible. Interact ion with author ities should be as easy as possible, whilst limiting the number of unnecessa ry interactions the child has with t hem. (v)Appr opriate steps should be taken to ensure tha t the child does not have to come into contact with accused or suspected persons.Ex-97/2015 - 35 - 4.Child Protection Plan (CPP) As stated in Rule 4(7) of the POCSO Rules, 2012 the Child Welfare Committee, on receiving a report under sub-section (6) of section 19 of the Act or on the basis of its assessment under sub-rule (5) and with the consent of the child and his/her parent or guardian or other person in whom the child ha s trust and confidence, may provide a support person to render assistance to the child through the process of investigation and trial. Such support person ma y be a person or orga nization working in the field of child rights or child protection, or an official of a children’s home or shelter home having custody of the child, or a person employed by the DCPU. After the support person has had an opportunity to interact with the child, the support person should formulate a Child P rotection Plan (CPP) in respect of t he child. CPP may be submitted to the CWC and can serve as a working tool t hat should ena ble the family and pr ofessionals to understand wha t is expected of them a nd what they can expect of others. T he aims of the plan a re to safeguar d the interest s of the child, to support the child’s wider family and to care for the child and promote his/her welfare. In cases where the child is produced before the CWC under Rule 4(3) of the POCSO Rules, 2012 , and an Individua l Care Plan (ICP) as defined in Rule 2 (h) of the Juvenile Justice (Care and Pr otection of Children) Rules, 20074, is being developed for the child, the above mentioned CPP would supplement such Individual Care Plan (ICP). The basic components of the CPP are: (i)Identification of current and potential sources of risk to t he child, including the position of t he a bu ser; (ii)Identification of s trategies to pr otect the child and reduce the risks over the pre-t rial and trial period; (iii)Identification of protective aspects of the child’s situation, which may need to be strengthened and developed; (v)Consultation a nd negotiation with the child and his/her par ents/guardians/caregivers on the cont ent and feasibility of the plan; (vi)Communication of information between all t he parties involved; (vii)Identification of resources necessary t o carry out the plan, including family support and treatment services where required; (viii)Consideration of t he posit ion of the abuser alleged offender and potential risks to the child from this front; and, (ix)Need for counseling the child and his/her parents / guardians / care givers; and (x)Need for rehabilitation and compensa tion 5.Code of Conduct for Support Persons and Social Workers/ Probation Officer/Non- Governmental Organization ( NGO)/any other person found fit by the CWC The primary responsibilit y of the Support Person or the Socia l Worker/ Probation Officer/Non- Governmenta l Organization (NGO)/a ny other person found fit by the CWC is to protect the child and the child’s interests during contact with the criminal justice sys tem and to 4 R ule 2 (h): “individual care plan” is a comprehensive development plan for a juvenile or child b ased on age specific a nd gender specific Ex-97/2015- 36 - needs and the case histor y of the juvenile or child, prepared in consultation with the juvenile or child, in order to rest ore the juvenile’s or child’s self-esteem, dignity a nd self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following needs of a juvenile or a child: (i)Health needs; (ii)Emotional and psychological needs; (iii)Educational and tra ining needs; (iv)Leisure, cr eativity and play; (v)Atta chments and relationships; (vi)Protection from all kinds of abuse, neglect and maltreatment; (vii)Socia l mainstreaming; and (viii)Follow-up post release and restoration. Promote the well-being of the child. In general, the child’s interest s are the paramount consideration, but the Support Person or Social Worker ’s/ Probation Officer ’s/Non-G overnmental Organization’s (N GO)/ any other person’s (found fit by the CWC) responsibility to the larger society or in the case of specific legal obligations may on limited occasions take precedence over the loyalty owed the child, a nd the child should be so advised. For instance, where a wor ker in an NGO comes to know that a child who has come to him/her has been sexually abused, s/he is required by the POCSO Act, 2012 to report this to the police, even in a case wher e the child expresses his/her reluctance in doing so. In such ca ses, the child and his/her fa mily should be counseled and ma de to understand the obligation to report. (i)Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should provide their services to the child only in the context of a professional relationship based, when appropriate, on valid informed consent. Where the social worker or support person is being appointed thr ough the CWC, the appointment should be made, as fa r as possible with the involvement of the child. (ii)Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and suppor t persons should use clear and understandable language to inform the child of the purpose of their services, risks r elated to their services, reasonable alternatives, the child’s right to refuse or withdr aw consent, and the stage up to which s/he will be a vailable to support the child. The child should also be given the opportunity to ask questions and cla rify doubts. (iii)In cases where the child is not lit era te or ha s difficulty in understanding the Social wor ker/ Pr obation Officer/Non-Governmental Orga nization (NGO)/any other person found fit by t he CWC or support person, such person should take steps a nd seek assistance to ensure the child’s comprehension. This may include providing the child with a detailed verbal explanation or arra nging for a qualified interpreter or translator whenever possible. (iv)Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should provide services and represent themselves as competent only within the boundaries of their education, training, certification, consultation received, supervised experience, or other r elevant professional experience.Ex-97/2015 - 37 - (v)Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and suppor t persons should be a lert to and avoid conflicts of interest tha t interfere with the exercise of professional discretion and impartial judgment. A conflict of interest occurs when a social worker’s or support person’s services to or relationship with the child is compromised, or might be compromised, because of decisions or actions in r elation to another child, colleague, him or herself, or some other third party. P otentia l or actual conflicts of interest are very complex situations for social workers a nd support persons, or for a ny professional for that matter. Conflicts of interest ca n occur in many different contexts. For example, when a support person is appoint ed by t he CWC, and such support person in the case of a child has a family relationship with someone in the child’s family, there could be a conflict of interest. In such cases, the social worker or support person should infor m the child and the CWC should take reasonable steps to resolve the issue in a manner that makes the child’s interests primary and protects the child’s interests to the greatest extent possible. In some cases, protecting the child’s interests may requir e termination of the professional r elationship with proper referral of the child to another Social Wor ker/Support Person. (vi)Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should not take unfair advantage of any professional relationship or exploit it to further their personal, religious, political, or business interests. (vii)When Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons provide services to two or mor e people who ha ve a relationship with each other (for example, couples, family members), social workers should cla rify with all par ties the natur e of social workers professional obligations to the various individuals who are receiving services. Social workers who anticipate a conflict of interest among the individuals receiving services or who anticipate having to perform in potentially conflicting roles should clarify their role with the parties involved and take appr opriate action to minimize any conflict of interest. (viii)Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should respect the child’s right to priva cy. Social wor kers and support persons should not s olicit private information from the child unless it is essentia l to providing services in the best interest of the child. (ix)Socia l workers/ProbationOfficer/Non-Governmental Orga nization (NGO)/a ny other person found fit by the C WC and support persons should protect the confidentiality of all information obta ined in the cour se of professional service, except in the discharge of their pr ofessional duties. Social workers and suppor t persons may disclose confidential informa tion when appr opriate with valid cons ent from the child or a person legally author ized to consent on behalf of the child and whose int erests a re not in conflict with that of the child. However, in a ny case, social workers and support persons should inform the child, to the extent possible, about the disclosure of confidential information. (x)Orga nization (NGO)/any other person found fit by the CWC and support persons should not discuss confidential information in any setting unless priva cy can be ensu red. Ex-97/2015- 38 - (xi)As provided in Section Section 23 (2) of POCSO Act, 2012, Social workers/ Probation Officer/ Non-Governmental Organiza tion (NGO)/any other person found fit by the CWC and support persons should not disclose the identity of the child when resp onding to or interacting with the media unless permit ted by the Special Cour t in the best interest of children with reasons recorded in writing.5 (xii)Social workers/ Probation Officer/ Non-G overnmental Organization (NGO) /any other person found fit by the CWC and support persons should under no circu msta nces engage in sexu al activities or sexual contact with the child and/ or his/her relatives, whether such contact is cons ensual or force. (xiii)Further, they should not sexually harass the child. Sexual har assment includes sexua l advances, sexu al solicitation, requests for sexual favors, and other verbal or physical conduct of a sexual na tu re. (xiv)Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should not use derogatory la nguage in their written or verbal communications to or about the child. Social wor kers should use accura te and respectful language in a ll communications to a nd about the child. xv)In the event that services are interrupted by factors such as unavailability due to other commitments, relocation, illness, disability or death, the CWC should appoint another suita ble Social workers/ Pr obation Officer/Non-Governmental Orga nization (NGO)/any other person found fit by t he CWC or support person as soon a s possible. 6.Role of No n-Governmental Org anizations Civil society organizations (independent institutions, non-governmental orga nizations (NGOs) and independent experts) have a positive role to play in the effective implementation of the POCSO Act, 2012 not only in r aising public awareness on children’s rights and in disseminating a new cultur e of child- adult relationships, but also in preventing and responding to violence against children by providing active support to reported cases through individual a nd group counseling and services for rehabilitation of abused children. 6.1Relevant legal provisions The POCSO Act, 2012 and P OCSO Rules, 2012 envisage the involvement of NGOs as support persons for the child, as well as under various other provisions. (i)Making report to police under Section 19(1) of POCSO Act, 2012 - any person, including a member of an NGO, may make a report under this section. Many NGOs work closely with vulnerable children and ar e in a position to detect child abuse. In ma ny cases, a child may feel more comfor table disclosing abuse to an NGO worker rather tha n someone in his/her own family. An NGO that has knowledge of the sexual a buse of a child is also bound by the principle of mandatory reporting under section 21(1) of POCSO Act, 2012. (ii)An NGO worker is included in the term “person of trust and confidence”. Thus, such person’s pres ence ca n be requested at the time of recor ding a s tatement befor e the P olice or Magist rate [s ection 26(1 )], medica l examination [section 27 (3)], a nd Special Court proceedings [s ection 33(4) and 37].Ex-97/2015 - 39 - 5 Section 23 (2): No reports in any media shall disclose, the identity of the child including his name, address, photograph, family details, school, neighborhood or any other particulars which may lead to disclosure of identity of the child. Provided that for reasons to be recorded in writing, the Special Court, competent to try the case under the Act, may permit such disclosure, if in its opinion such disclosure is in the interest of the child. (iii)An NGO worker may be appointed as a support person by the CWC to assist the child thr ough the pre-trial and trial procedure (sub-rule 7 of rule 4 of POCSO Rules, 2012). Also, the parents, guar dian or other person in whom the child has trust a nd confidence can appr oach an NGO to act as a support person (proviso to sub-rule 7 of rule 4 of POCSO Rules, 2012). (iv)Wher e an NG O is appointed as the suppor t person, its worker has a r ight to be informed under sub-rule 11 of rule 4 of POCSO Rules, 2012 of the developments, including the a rrest of the accused, applications filed and other court proceedings. T he NGO support person in turn communicates this information to the child and his/her family. (v)The NGO assisting a child can, under rule 7 of POCSO Rules, 2012 file an application for interim and final compensation with the Special Court, as well as with the Legal Services Authority. It has been noted that victims of child sex abuse, and often their families, prefer to approach and seek advice from an NGO even before they report the matter to the police. Thus, in s uch situations, the NGO becomes a first point of conta ct for the child, providing counseling, legal advice and a ssistance to report the matter. NGOs must maintain regula r conta ct with the SJP Us and local police stations in their areas of opera tion. Cooperation between the police and NGOs would fa cilita te speedy action and redu ction of secondary t rauma. Where a n NGO is approached b y a child and/or his/her par ents or guardian or other person in whom the child has trust and confidence befor e the latter a pproaches the police, the NGO can arra nge cont act with the police. On the other hand, where the child and/or his/her par ents or guardia n or other person in whom the child has trust and confidence approach the police on their own, the police can inform and refer them to NGOs that offer support and guidance. This course of action has been recommended for the police in ma ny districts, a nd is followed in s ome. Where an NGO wor ker is appointed a s the designated support person under Rule 4 of POCSO Rules, 2012 such person shou ld refer to the guidelines for suppor t persons. 6.2General Comments: In addition to these support functions, an NGO can also play a vital role in identifying child sexu al abuse concerns. A number of NGOs work with children closely, and ar e aware of the particular problems and behavior of each child. The NGO wor ker is in a position to keep a watch on these children, and to look out for childr en who are at risk of sexual abuse a s well as for signs of sexual abuse even before the child himself may disclose it . In this way, an NGO worker can cont ribute to the detection of sexual abuse and to the initiation of remedial measures, including judicial processes, in respect of the sexual abu se. NGOs are the primary channel for awareness-generation and pr oactive monitoring of government policies and action. T hey can cont ribute to the objectives of the POCS O Act, 2012 by providing technical support to children’s institutions in developing Child Protection Policies addressing issues of r ecruitment, monitoring, complaints mechanism, disciplinary proceedings, and police reporting within their own orga nizational or institutional setting, a nd training their staff in this regar d. They can also train CWC, lawyers, doctors a nd other professionals who come in contact with children about the POCS O Act, 2012 and in communicating with children. In addition to this, they ca n set up education and training progra mmes for children and youth. They can hold consultations with children and youth to understand their views and perspectives on the issue of child sexual abuse and provide them with opportunities and ways to put recommendations for ward as well as opportunities to get involved in implementation. Ex-97/2015- 40 - In a ddition to this, NGOs can monitor media coverage and ensure sensitive handling of the issue. They can also develop and disseminate position papers a nd other academic and awareness materials. They can create a lliances with other NGOs, business groups, private organizations a nd the local, national and regional media networks, s hare best pract ices, submit ar ticles, involve the pr ess in relevant events and lobby with the media to ra ise awar eness with the general public. NGO’s can thus play a vital role in the implementation of the provisions of the POCSO Act , 2012 and in general in comba ting the problem of child sexual abuse. CHAPTER - 7 Child Development Experts Child developmentrefers to the various stages of physical, social, and psychological gr owth that occur from birth through young adulthood. A child who ha s been the vict im of a sexual offence is likely to ha ve been severely traumatized, both mentally as well as physically. A child development expert is t herefor e a person who is trained to work with children with physical or mental disabilities, to evaluate such a child’s mental and physica l development in the context of tha t child’s experience, and to accordingly facilitate communica tion with the child. 1.Legal Provisions: As per the definit ions in the rules farmed under the P OCSO Act, 2012, Rule 2 (c) sta tes: “Expert” means a person tr ained in menta l healt h, medicine, child development or other related discipline, who ma y be required to facilitate communication with a child whose ability to communicate has been affected by trauma, disability or any other vulnerability. Section 26(3) states, “the Magistrate or the police officer, as the case may be, may, in the case of a child having a mental or physical disability, seek the assistance of a special educator or a ny person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience a nd on payment of such fees as may be prescribed, to record the statement of the child. Section 38(2) states, “if a child has a mental or physical disabilit y, the Special Court may take the assistance of a special educator or any person familia r with the manner of communication of the child or an expert in t hat field, having such qualifications, experience a nd on payment of such fees as may be prescr ibed to r ecord the evidence of the child”. Thus, the Act envisages a role for child development exp erts at the sta ge of taking evidence from the child a nd recording his/her statement for the purpose of investigation and tria l under the Act. The role of this expert is to facilitate communication between the child and the authority concerned. Rule 3provides for the engagement of va rious experts, including child development experts, for the purposes of the Act. It specifies the qualifications and experience of the experts engaged for facilita ting communication with the child, sta ting that such an expert shall be qualified in the relevant discipline from a recognized University or an institution recognized by the Rehabilitation Council of India. The Rehabilitation Council of India runs progr ammes in various aspects of child development, including working with physically and mentally disabled children. It also recognizes courses run by other universities in these disciplines.Ex-97/2015 - 41 - Rule 3(6) provides that payment for the services of an expert shall be made by the State Government from the Fund maint ained under section 61 of the Juvenile Justice Act, 2000, or from other funds placed at the disposa l of the DCPU, at the rates determined by them. It is thus for each DCPU to fix the ra tes payable to experts in various disciplines. However, it is suggested that these rates be fixed at the level of the State to provide for administr ative consistency. The following is also to be kept in mind while engaging the services of an expert: (i)Any preference expressed by the child as to the gender of the expert, ma y be taken into consideration, and where necess ar y, mor e tha n one such person may be enga ged in order to facilitate communication with the child – Rule 3(7). (ii)The interpreter, translator, Special educator, expert, or person familiar with the manner of communication of the child engaged to provide services for the purposes of the Act shall be unbia sed and impar tia l and shall disclose any real or perceived conflict of interest. He sha ll render a complete a nd accurate interpreta tion or translation without a ny additions or omissions, in accordance with section 282 of the Code of Criminal P rocedure, 1973 - Rule 3(8). (iii)In p roceedings under section 38, it is for the Specia l Court to ensure tha t there is no conflict of interest in engaging a par ticular expert to provide services under the Act – Rule 3 (9). (iv)Any expert appointed under the pr ovisions of the Act or its rules shall be bound by the rules of confidentiality, as described under section 127 r ead wit h section 126 of the Indian Evidence Act, 1872 – Rule 3(10). 2.General Comments: The dynamics of child sexual abuse are such tha t often, children rar ely disclose sexual a buse immediately after the event. Mor eover, disclosure tends to be a process rather tha n a single episode and is often initiated following a physical complaint or a change in behavior. In such a situation, when the child finally discloses abuse, and a report is filed under the POCSO Act, 2012 more information will ha ve to be gathered so t hat the child’s statement may be recor ded. Information so obtained will become part of the evidence. However, given the experience that the child has gone through, he is likely to be mentally traumatized and possibly physically affected by t he abuse. Very often, law enforcement officers interview children with adult interrogation techniques and without an understanding of child language or child development. This compromise the quality of evidence gathered fr om the child, and consequently, the quality of the investigation and trial that ar e based on this evidence. The interviewing of such a child to gather evidence thus demands an understa nding of a range of topics, such as the process of disclosur e and child-centered developmentally-sensitive int erviewing methods, including language and concept formation. A child development expert may therefore have to be involved in the management of this process. The need for a professional with specialized training is identified beca use interviewing young children in the scope of an investiga tion is a skill that requires knowledge of child development, an understanding of the psychological impa ct sexu al abuse has on children, and an understanding of police investigative procedures. Ex-97/2015- 42 - Such a person must have knowledge of the dynamics and the consequences of child sexual abuse, an a bility to esta blish r apport with children and adolescents, and a capacity to ma intain objectivity in the assessment process. In the case of a child who was disabled/ physica lly handicapped prior to the abuse, the expert would also need to have specialized knowledge of working with children with that particular type of disa bility, e.g. visual impairment, etc. CHAPTER - 8 Legal Representatives 1.Free Legal Aid Under Section 12(c) of the Legal Services Author ities Act, 1987, ever y child who has to file or defend a ca se shall be entitled to legal services under this Act. The POCSO Act, 2012 confirms the right to free lega l aid underSection 40, providing that the child or his/her family sha ll be entitled to a legal counsel of t heir choice, and that where they are unable to afford such counsel, they shall be entit led to receive one from the Legal Services Authority.6 In every District, a District Legal Services Authority has been constit uted to implement the Legal Services Pr ogrammes in the District. The District Legal Services Authority is usually situa ted in the District Cour ts Complex in every District and cha ired by the District Judge of the respective distr ict. 1.1Public Prosecutor The Protection of Children from Sexual Offences Act, 2012 provides, underSection 32: 32.(1)The State Government shall, by notifica tion in the Official Gazette, appoint a Special Public Prosecutorfor every Special Court for conducting cases only under the provisions of this Act. (2) A person shall be eligible to be appointed as a Special Public Prosecutor under subsection (1) only if he had been in practice for not less than seven years as an advocate. (3 ) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u ) of section 2 of the Code of Criminal Procedure, 1973 and provision of that Code sha ll have effect accordingly. 1.2.Child-friendly procedures The Act provides for child-friendly pre-trial and trial procedures to minimize the tr auma felt by child victims and to eliminate the possibility of re-victimization at t he time of tria l. The child-friendly pre- tria l procedures ca st duties on t he police and are to be implemented at the time of reporting of offences and recording of the child’s statement. T hese are given in detail in Sections 19-26 of the Act. The child-friendly procedures dur ing the trial are to be followed by the Special Courts set up under Section 28(1) to try offences under the Act. They aim to ensure that the child is protected from intimidation, whether int entional or not. All legal represent atives, whether representing the accused or the child, must be awar e of these provisions. Given the particular vulnerabilities of children, additional measures should also be made available and utilized even in normal cir cumstances. The child-friendly trial provisions are detailed in Section 33 – 38 of the Act.Ex-97/2015 - 43 - 6 Section 40: Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973 the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any offence under this Act: Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them. 1.3Services that may be provided by Legal Aid Authorities: (i)Legal Representation :The abused child should be provided with such car e and protection as required by law. Any such action shall be in accordance with the procedures established by the State Legal Services Authority and the National Legal Services Authority. The Form for Application for Legal Services should be provided to the child by the police at the time of making the report under Section 19(1). (ii)Legal Counseling:Complainants in need of legal aid/ assistance/ advice in cases of violations of child rights may seek aid/ assistance fr om the Legal Aid Cell so tha t the child is able to testify in court without fear. (iii)Legal Advice:The Cell shall render such aid/ a ssistance/ advice to the complainant as well as send its legal opinion in such cases to the concerned govt. authorities for suitable action. Governmenta l and Non Government al Orga niza tions, Civil S ociety Orga nizations, volunta ry orga nizations, parents, relatives, concerned friends and members of the public may, on behalf of the child in need of care & protection, a pproach the Cell and r eceive legal advice regarding the legal rights of the child and the means for accessing those rights. The Cell will provide requisite information and advice to the concerned persons regarding the legal options available for protecting the interests of the child. The Cell will also assist the concerned in making a decision regar ding various options ava ilable to pursue the case and if required help in formula tion of complaints, petitions, etc. Other services offered by the Legal Services Authority: (i)Payment of court and other process fee; (ii)Charges for preparing, drafting and filing of any legal proceedings; (iii)Charges of a legal practitioner or legal advisor; (iv)Costs of ob taining decrees, judgments, orders or any other documents in a legal proceeding; (v)Costs of pa per work, including printing, translation etc. 1.4.Mode of selection of lawyers to represent children who have been sexually abused: The DLSA shall dra w a panel of qualified and experienced advocates t o represent child victims of s exual abuse. This panel should comprise of a mix of advocates having practice experience of more than 3 to 5 year s as well as junior advocates. Conviction, commitment and experience in the field of child rights should be relevant considerations for empanelment. Advocates may initially be empanelled for a period of one year which can be ext ended on the basis of performa nce. 1.5.Payment of Legal Aid CounselorsThe Legal Aid Counsels will be pa id for their services by the LSA as per the approved schedule of fees. 2.Guidance on examining child victims and witnessesDuring criminal investigation, some minimum levels of p rotection are required in relation to any interviews with the victim. These should b e carried out in a sensitive manner a nd advocates as well as law Ex-97/2015- 44 - enforcement officia ls should have received appropriate training to this end. Such tra ining s hould ensure that these persons know a ppropria te methods of interviewing which will take account of a victim’s particular situation, minimize distress and maximize the collection of high-quality evidence. In order to ensure that the child-fr iendly trial pr ocedures established under the Act ar e optimized, the following guidance should be kept in mind by legal r epresentatives of a child who has been a victim of an offence under the Act: 2.1Before trial(i)List cases for an as soon as possible and avoid adjournments: It is in the interest of thechild that the tr ial is concluded as quickly as possible. P rolonging the judicia l process will only cause more trauma t o the child. (ii)Ensure that communication with the child is in an understand able language and manner: The majority of young witnesses experience communication difficu lties whilegiving evidence, often because questioning is developmentally or otherwise inappropriate. Before a child gives evidence, try having a conversation with him outside the Cour t so that you have an idea about his/her communication abilit ies and concentration span. (iii)Consider what special measures may be taken in light of the child’s wishes and needs: Make whatever applications are necessary to ensure tha t the child receives thebenefit of existing child-friendly measures. Ensure applications are made within time limit s so that the child ca n be informed of decisions before tr ial. (iv)Ensure that the child is able to exercise his/her right to be accompanied by an adult in whom he has trust and confidence:This could bethe child’s parent, guardia n, or otherperson, or the support person appointed by the CWC. (v)Chart all stages of children’s evidence to minimize time at court and give them a fresh start in the morning: The start of children’s testimony should not be delayed byother matters on the court list. It is best to make an estimate of the amount of time the child will have to be present in Cour t, and in doing this, to bear in mind his/her concentration span, the length of any recording, the best time to view it a nd the need for breaks. Request the Special Court t o accommodate these requirements. (vi)Request that the child is given an opportunity to visit the court to familiarize himself with it before the trial: This will enable t he child to experience the atmosphere in Court sothat he is not intimidated at the tria l and avoid the need for him to attend early on the day of trial to see facilities. It will also a llow him to express an informed view about s pecial measures, so that a revised application can be made if necessary in advance of tr ial. (vii)Request that the child sees or can be briefed on his/her statement for the purpose of memory- refreshing before trial (viii)Consider the witness’s access to the building and suitability of waiting areas:Whereit is difficult to segregate young witnesses from defendants within and around the building, cons ider standby arra ngements or the use of remote live links.Ex-97/2015 - 45 - 2.2 At trial(i)Children have the right to be heard in any judicial and administrat ive pro ceeding s affecting them.They must b e given a reasonable opportunity to express their views allmatters affecting him and these must be taken into account. He should also be allowed to provide initial and further information, views or evidence dur ing the proceedings. (ii)Children hav e the r ight to information abo ut the case in which they are involved,inclu ding information on the progress and outcome of that case, unless the lawyer considers that it would be contrary to the welfare and best interests of the child. It would be best if the lawyer coordinates with other persons or agencies concerned with the child’s welfa re, such as the suppor t person, so that this information is conveyed in the most effective manner. Victims should receive the most appr opriate informa tion on the proceedings from a ll their representatives, and the assistance of a support person appointed under R ule 4(7 ) most often constitutes the best pr actice in ensu ring that full information is conveyed to the victim. Such information would include: (a)Charges brought aga inst the accused or, if none, the stay of the proceedings aga inst him; (b)The progress and results of the investigation; (c)The progress of the case; (d)The status of the accused, including his/her ba il, temporary release, parole or par don, esca pe, absconding from justice or death; (e)The available evidence; (f)The child’s role in the proceedings; (g)The child’s right to expr ess their views and concerns in relation to the proceedings; (h)The scheduling of the case; (i)All decisions, or, at least, those decisions a ffecting their interests; (j)Their right to cha llenge or appeal decisions and the modalities of such appeal; (k)T he sta tus of convicted offenders a nd t he enfor cement of their sent ence, including their possible r elease, t ransfer, escap e or death. (iii)Ensure ahead of time that equipment is working, recordings can be played and that camera angles will not permit the witness to see the defendant:Do not wait until theyoung witness is in t he live link room to run checks: delays and malfunct ions can be disruptive to the child. Where a live link is being used during the child’s testimony, ensu re that they are able to see all of the questioner ’s fa ce. (iv)Explain that the judge or magistrates can always see the witness over the live video link: Explain tha t this is the case even when the witness cannot see the judge or magistra tes. (v)Request the Public Prosecutor to himself to the child before the trial and to answer his/her questions :Judges and magistra tes may also ask if the child would like to meetthem before the trail starts, to help to establish rapport and put the child at ease. Under the POCSO Act, 2012 questions to the child will be r outed through the Judge, and it would be useful for the child to be familiar with their manner of conversation, and vice versa. Ex-97/2015- 46 - (vi)Encourage the child to let the court know if they have a problem:They may notunderstand a question or quest ions that are too fast, or they may need a break. However, many children will not s ay they do not understa nd, even when told to do so. Pr ofessional vigila nce is therefore always necessary to identify potential miscommunication, and it is the child’s counsel who will have to be mindful of any instance wher e the child is losing concentration, feeling ill, etc. (vii)Do not ask t he child at trial to demonstrate intimate to uching o n his/her own body: This may be construed as abusive. T he child can instead be asked to point to a body outline diagra m. 3.Role of lawyer for the childThe Legal Aid services lawyer, or, as the case ma y be, the private lawyers appointed by the child and/ or his/her fa mily, plays a critical role. While it is the Special Public Prosecutor a ppointed under the POCSO Act, 2012 who will essentially be in charge of the trial in the Special Court, the child’s lawyer is entr usted with the task of ensuring that the child’s int erest is protected. Thus, his/her role extends to representing the child, helping uncover the nature and extent of abuse, identifying responsible pa rties and secur ing damages to compensate the victim and facilitate the healing process. In a ddition to this, the legal aid or pr ivate lawyer should a lso be able to build a good rapport with the Special Public Prosecutor, as this would ensure that all concerns in respect of t he child are ra ised before the Court in the course of the trial. (i)The lawyer must provide independent representation and a dvice to the child. (ii)The lawyer has a duty to put before the Court the views of the child, but should not require the child to express a view if he does not want to do so. However, the lawyer shall not be required to put before the Court any views expr essed to him in confidence. (iii)Wher e a lawyer has been a ppointed to represent a number of children, some of whom are able to provide a view as to repr esentation and some of whom are una ble to do so, the lawyer must be alert to the possibility of conflict. In some cases the lawyer may be obliged t o seek separate representation for one or more of the children. (iv)Adequate represent ation a nd the right to be represented independently from the par ents should be guaranteed, especially in proceedings where the parents, members of the family or caregivers are t he a lleged offender s. (v)Wher e a conflict ar ises between a child’s views and information relevant to the welfa re and best interests of the child, the lawyer should: (a)discuss the issues and the lawyer ’s obligations with the child; (b)attempt to resolve the conflict with the child; and (c)Advise the Court of the la wyer ’s position and, in the case where the lawyer is unable to resolve the conflict and as a matter of pr ofessional judgement ca n advocate only the child’s views, invite the Court to appoint another lawyer.Ex-97/2015 - 47 - 3.1The lawyer shall represent the child in accordance with the child’s welfare and best interests. Where a child is: (i)by virtue of his/her age, maturity or disability, unable to express a view; or (ii)able to express a view but his/her age, maturity or disability are such that any view should be treated with caution; or (iii)unable or unwilling to exp ress a view or in any way guide repr esentation, In such cases, the lawyer may be guided by the following genera l guida nce: (i)The older the child, the more weightage should b e given to the child’s instructions. The younger the child, the more representation shall be in accordance with the child’s welfare and best interests. (ii)The lawyer has a duty to see tha t all factors that impact on the child’s welfare and best interests are put before the Court. (iii)In determining wha t best s erves the child’s welfa re and best interests, the la wyer must take into account the principle that decisions affecting the child should be made and implemented within a timeframe that is appropriate to the child’s sense of time. (iv)The lawyer must meet with the child he is appointed to represent, unless there are exceptional circumstances to p revent this. T he timing and venue for such meeting and any further meetings should be at the discretion of the lawyer. However, the lawyer shall meet with the child at a time which ensures that the child’s views are up to date at the time of the hearing so that they ca n be taken into a ccount by the Court. (v)As a genera l rule, the lawyer shall act in terms of t he child’s instructions, conveying them to the Court by direct evidence if possible, call such witnesses as are required to carry out those instructions and examine a nd cross-examine and make submissions on behalf of the child. (vi)The Act provides under Section 33(8) that the Special Court may award compensa tion to the child. The lawyer should ensure that the child and his/ her family are aware of this, and should make the appropria te applications for interim a nd fina l compensation as provided under Rule 7. 3.2At a hearing , the lawyer sho uld: (i)Identify all relevant issues which need to be determined in regard to the child’s welfare and best interests; (ii)Ensure that the Court has all the necessa ry information that is relevant to the welfa re and best interests of the child, including the views of the child, so that a n infor med decision can be made; (iii)Call evidence where appropriate (ot her than any Court’s witness), for example, from psychological and/or medical professionals and teachers; (iv)Ensure the lawyer does not give evidence himself or herself; (v)Cros s-examine to ensure all r eleva nt issu es are fully ex plored; and (vi)Make submissions on behalf of the child. 3.3After the conclusion of the trial (i)The lawyer s hould communicate and explain the given decision or judgment to the child in a language adapted to the child’s level of understanding. He should give the necessary informa tion Ex-97/2015- 48 - on possible measur es that could b e taken, such as appeal or other mechanisms for complaint s as well as compensation. (ii)When a decision ha s not been enforced, the child should be informed through his/her lawyer of available r emedies either through non-ju dicial mechanisms or access to justice. (iii)The child’s lawyer, guardian or lega l r epr esenta tive should ta ke all necessar y steps to cla im compensation for the child. Rule 7(6) provides that nothing shall prevent a child or his/her pa rent or guardian or any other person in whom the child has trust a nd confidence from submitting an application for seeking relief under any other rules or scheme of the Central Government or State Government. Thus, if there is any additional scheme for compensation, the child’s la wyer should inform the child of this a nd seek instructions on how to proceed further. 4.Child-Friendly Courtrooms and Waiting Areas Many childr en find the courtroom experience intimidating and this intimidation can cr eate st ress in child victims. Under these circumstances, a child can be a poor witness, and the pr ocess of naviga ting the criminal justice system can compound a child’s tra uma. The POCSO Act, 2012 provides for a number of child-fr iendly procedures to be followed in the Special Court. In addition to this, some measures ca n be out in place in the Special Court to ensu re that the child is not overcome by t he circumstances. However, the rights of the accused, for example that of cross-exa mination of the child, must be pr otected while bala nced aga inst the rights and needs of these child vict ims. Some of the ways to ensure the child’s comfort is that screens are permanently in place in the Special Cour ts for the witness sta nds for the children. Additionally, the child-friendly courtrooms ca n be equipped with closed circuit television capabilit ies, which allow the child to testify in a separate room from the accused. S pecial waiting rooms should be provided within the court premises to allow the families to wait in privacy throughout the court proceedings. CHAPTER - 9 Guide to Mandatory Reporting Section 21(1 ) of the POCSO Act, 2012 requires mandatory reporting of ca ses of child sexual abuse to the law enforcement authorities, and applies to everyone including parents, doctors and school personnel. Failure to report a suspicion of child abuse is an offence under the Act . The legislation makes it clear that the reporting obligation exists whether the information was acquired through the discharge of professiona l duties or within a confidential r elationship. Any priva te person who fails to repor t suspected child abuse, having acquired the information in t he discharge of his or her professiona l responsibilit ies, commits a summary conviction offence. Similarly, school personnel, doctors and other profess ionals may, in the cour se of delivering services, r eceive information which causes them to suspect tha t a child has been sexually abused. It is possible that the informa tion obtained includes the identity of the perpetr ator. The alleged perpetrator may be a person who is unknown to the reporter of the offence, but the suspicion could also involve a colleague, co-worker, friend or other associate. The obligation t o repor t is unrestricted by a ny pre-condition that the complaint be first reported within the r espective depa rtments, services or agencies, even if the perpetr ator is a lleged to be an employee of that institution, service or agency. Thus, a person who has knowledge that an offence has been committed under the child can directly report it to the police or magistrate.Ex-97/2015 - 49 - 1.Why report? The purpose of reporting is to identify children suspected to be victims of sexual abuse and to prevent them from coming t o further harm. Without detection, r eporting and intervention, these children may remain victims for the rest of their lives, carrying the sca rs of the abuse throughout their lives and even, in some cases, repeating the pattern of abuse with their own children. However, the nature of sexual abuse, the shame that eh child victim feels and the possible involvement of a pa rent, fa mily fr iend or other close per son, ma kes it extremely difficult for children to come forwar d to report sexual abuse. This is why the law provides for mandatory reporting, placing the resp onsibility to r eport not on the child but on a surr ounding adult who may be in a better position to help. 2.Obligation to inform the child The Act does not la y down that a mandatory repor ter has the obligation to inform the child and/ or his/her parents or guardian about his/her duty to report. However, it is good practice to let them know that this will need to be done. For example, where a doct or is confronted with a situa tion where a child br ought into his /her care is exhibiting symptoms of child sexual abuse, he should inform the child and/or his/her car egiver that he has a legal duty to report the abuse. This will help establish an open relationship and minimize the child’s feelings of betraya l if a report needs to be made. When possible, discu ss the need to make a child abuse report with t he family. However, be aware that there are certain situations where if the family is warned about the assessment process, the child may be at risk for further abuse, or the family may leave with the child. 3.What to Report? Explain, as well as you ca n, what happened or is happening to the child. Describe the natur e of the abuse or neglect and the involved par ties. Be as specific a s possible. Be prepared to give the name, addr ess, and telephone number of t he child and also the name of the par ent or caretaker if known. Even if you do not know all of this information, report what you do know. Tell all you know a bout the situation. However,the repor ter is not exp ected to invest igate the matter, know the legal definitions of child abuse and neglect, or even know the name of the perpetrator. This should be left to the police and other investiga tive agencies. A report of sexual abuse should contain the following information, if it is known: (i)The names a nd home address of the child and the child’s parents or other persons believed to be responsible for the child’s care. (ii)The child’s present wher eabouts. (iii)The child’s age. (iv)The nature and extent of the child’s injur ies, including any evidence of previous injur ies. (v)The name, age, and condition of other children in the same household. (vi)Name of school the child is presently attending(vii)The identity of the person or persons responsible for the abuse or neglect to the child, if known (vii)Your name a nd addr ess. (viii)Any other information that you believe ma y be helpful in establishing the cause of the abuse to the child. Ex-97/2015- 50 - 4.Sanctions 4.1Failure to Report Child Abuse The POCSO Act, 2012 provides under Section 21(1) that any person, who fails to report the commission of a n offence or who fails to record such offence shall be punished with imprisonment of either descr iption which may extend to six months or with fine or with both. 4.2Reporting False Information The POCSO Act, 2012 makes it an offence to report false infor mation, when such report is made other than in good faith. It states that any person, who makes false compla int or provides false informa tion against any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him, shall be punished with impr isonment for a term which may extend to six months or with fine or with bot h. Where such informa tion is provided against a child, the punishment may extend to one year. CHAPTER - 10 Confidentiality 1.The effective protection of a child often depends on the willingness of the sta ff in statutory and voluntary organizations involved with children to share and exchange r elevant informa tion. It is therefore critica l that there is a clear understa nding of p rofessional and legal responsibilities with regard to confidentiality a nd the exchange of information. 2.All informa tion regarding concern or assessment of child abuse or neglect should be shared on ‘a need to know’ basis in the interests of the child with the relevant sta tutory authorit ies. 3.No undertakings regarding secrecy can be given. Those working with t he child and fa mily should make this clear to all par ties involved although they ca n be assured that all informa tion will be handled taking full account of legal requirements. 4.Ethical and statutory codes concerned with confidentia lity and data protection provide general guidance. They are not int ended to limit or prevent the exchange of information between different professional staff with a responsibility for ensu ring the protection and welfa re of children. T he provision of infor mation to the statutory agencies for the protection of a child is not a breach of confidentia lity or data protection. 5.It must be clearly understood that information gathered for one pur pose must not be used for another without consulting the person who provided that information. 6.The issue of confidentiality should be pa rt of t he training necessary for sta ffs who work in the area of child protection and welfa re and the general tra ining of staff in orga nizations that work with children. Each organization should have a written policy in this regard.Ex-97/2015 - 51 - SAMPLE REPORTING FORMATA.To Designated Officer_____________________________ 1.Date of Report_________________ 2.Details of Child Name Male:Female:AddressDOB:Age:School (if attend)Children’spresent whereabout3.Details of Persons Reporting concern(s) NameTelephone No.AddressOccupationRelationship with victimReporter wishes to remain anonymousReporter discussed with parents/guardians4.Parents Aware of the Report YESNOAre the child's parents/carers aware that this concern is being reported to the concerned authority?Ex-97/2015- 52 - (Details of concern (s), allegation (s) or incidents, date, times, who was present, description of any observed injuries, parents view (s), child’s view (s) if known) 5.Details of ReportDetails of Victim MotherDetails of Victim Father Name Afddress (if different from the child Telephone No.Name Afddress (if different from the child Telephone No. 6.RelationshipEx-97/2015 - 53 - Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.Household Composition Sl. NoNameRelationshipDOBAddl. Information (eg. School/occupation)12341.Name and address of other personnel or agency involved with this child (if any) CategoryNameAddressHomeSocial WorkerPublic Health Nursing(PHN)General PractitionerHospitalSchoolPre-school/crecheOther (specify)2.Identity of person(s) responsible for the abuse or neglect to the child, if known Relationship to childAge MaleFemaleNameOccupationAddress3.Details of person submitting the report NameOccupationSignatureDateEx-97/2015- 54 -

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 3.3.2015 Phalguna 12, S.E. 1936, Issue No. 98 NOTIFICATIONNo.G.17011/15/2014-HFW, the 24th February, 2015.In the interest of public service, the Governor of Mizoram is pleased to constitute a State Level Committee for drafting an Action Plan of the Working Group on Emergency Care in Mizoram comprising of the following members. Chairman-Principal S ecretary, Health & Family Welfare Department Co-Chairman-Principal Director, Health & Family Welfare Department Members-1)Director, Hospital & Medical Education (Ex-Officio) 2)Director of Health Services (Ex-Officio) 3)Chief Engineer, Highway, PWD 4)Chief Engineer, Road, PWD 5)Chief Engineer, Building, PWD 6)Director, Transport Department 7)District Medical Superintendent, Kolasib 8)District Medical Superintendent, Serchhip 9)State Nodal Officer, Trauma & Burns, Directorate of Hospital & Medical Education. Arun Goyal, Principal Secretary to the Govt. of Mizoram, Health & Family Welfare Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 3.3.2015 Phalguna 12, S.E. 1936, Issue No. 99 (A) N O T I F I C A T I O NNo.A-46013/1/2013-GAD, the 17th February, 2015In exercise of the powers conferred by Sub- Clause (3) of Article 166 of the Constit ution of India and all other powers enabling him in that behalf, the Governor of Mizoram is pleased to make the following rules, namely : 1.Short Title& Commencement (1) These Rules may be called the Government of Mizoram (Allocation of Business) R ules, 2014; (2) They shall come into for ce at once. 2.Definitions In t hese Rules, unless the c ontext other wis e requir es – (a)“Governor” means the Governor of Mizoram; (b)“Council” means the Council of Ministers under Ar ticle 1 63 of the Constitution of India;’ (c)“Government” means the Government of Mizoram; (d)“Secretary” means Chief Secretary or any other officer who is in charge of a Department or Depar tments of Government. (e)“Schedules” mea ns the Schedules of b usiness of Depa rtments appended to t hese ru les. 3.Allocation of Business to Departments The entire Business of the Government sha ll be tr ansacted in the Departments of the Government as specified in the Schedules and sha ll be classified and distributed among these Departments as laid down therein: Provided tha t the Governor may, fr om time to time make such additional to or modifications in, the list of business a llotted to a Department as he thinks fit. 4.Allocation of Departments to Ministers The Governor shall, on the advice of the Chief M inister alloca te to the Minister so much of the business of the Government as relates to matters with respect to which the Council is required under Article 163 of the Constit ution of India to aid and advise the Governor in the exercise of his function and for tha t purpose assign one or more Departments to the cha rge of a Minis ter: Provided that nothing in this rule shall prevent the assignment of one Department to the charge of mor e than one Minister. 5.Head of Department There shall be a Secretary for each Depar tment who shall be an officia l head of that Department. Provided that – (a ) more than one Depa rtment may be placed in char ge of t he same Secretary; (b) the work of a Depa rtment may be divided between two or more S ecretar ies. 6.Repeal and Savings The Government of Mizoram (Allocation of Business) Rules, 1987 and amendment made thereunder ar e hereby rep ealed. Notwithstanding such repeal, anything done or a ny action shall be deemed to have been done or taken under the corr esponding provision of these Rules. By order and in the name of the Governor Lalrinliana Fanai, Commissioner & Secr etary to the Government of Mizoram General Adminnistration Department Ex-99 (A)/20152 “SCHEDULES” FIRST SCHEDULEAGRICULTURE DEPARTMENT 1.Food-grain Dvelopment 2.Agriculture Farm & Qualit y Seed Product ion. 3.Manu res a nd Fertiliser. 4.Plant Protection. 5.Commercial Crop Development. 6.Extension and Farmers Training. 7.Crop Insura nce. 8.Development of Oilseeds. 9.Assistance to sma ll and margina l farmers. 10. Agriculture Research & Education. 11. State Soil S urvey Organisation. 12. Agriculture machineries and Implements 13. Agriculture Marketing within the State. 14. Pu ls es Development. 15. Control of Shifting Cultivation. SECOND SCHEDULEANIMAL HUSBANDRY & VETERINARY DEPARTMENT 1.Animal husba ndry, development of livestock and poultry. 2.Veterinary education, training and resea rch. 3.Animal health and disease control, protection of animal against disease and Veterinar y services. 4.Veterinary public health, meat inspection, meat marketing and meat cer tification. 5.Development of dair y indus try. 6.Dairy plant and public meat supplies. 7.General advice to a nimal husbandr y and dairy far mers on improved methods and techniques. 8.Grazing ground. 9Sla u ghter House. 10. Veterinary Public Health, Meat Inspection, marketing and meat Certification. 11. Registration of Domesticated Animals, Pets, etc. THIRD SCHEDULEART & CULTURE DEPARTMENT 1.Matters relating t o Mizo History, Art a nd Cult ure. 2.Conservation and Pr eservation of cultura l herita ge in M izoram. Exhibition, exchange and token exposure of the heritages in and outside Mizoram. 3.Museum. 4.Archives. 5.Library services. 6.Institute of Music & Fine Arts. 7.Tribal Research Institute. 8.Mizor am Publication Board.Ex-99 (A)/2015 3 FOURTH SCHEDULECOOPERATION DEPARTMENT 1.Promotion of Cooperative Movement. 2.Control and Registr ation of Primar y, Distr ict and State Level Co-operative Societies/Cr edit Soc ieties. 3.Price Control through Co-op erative Societies/Credit Societies. FIFTH SCHEDULEDISASTER MANAGEMENT REHABILITATION DEPARTMENT 1.Natural Cala mities, Draught and Flood Relief. 2.Gratuitous Relief. 3.Disa st er Ma na gement. (a) Pre-dis aster ma nagement as pr oactive strategy including pr eparedness, prevention and mitigation, wherein every Department ha s impor tant roles. (b) Post disaster management as reactive strategy including relief, rehabilitation and reconstruction. SIXTH SCHEDULEDISTRICT COUNCIL AFFAIRS DEPARTMENT 1.All matters relating to S ixth Schedule to the Constit ution of India and functioning of t he District Councils in the Sixth Schedule ar eas. 2.Grants-in-Aid to Autonomous District Council. 3.Monitoring of developmental works taken up by District Council. SEVENTH SCHEDULEENVIRONMENT & FORESTS DEPARTMENT 1.Environment. 2.Envir onmental Act & Rules. 3.Conservation, Protection & Development of Forests. 4.Forests Policy, Acts & Rules. 5.Forest Reser ve and reclamation. 6.Biodiversity Acts and Rules. 7.Control and Prevention of Forest F ire. 8.Plantation Schemes. 9.Regulation and Control of Fishing. 10. Tiger Reserves, National Pa rks, Wildlife Sanctuar ies, Zoological Parks a nd Bota nical Pa rks. 11. Clearance for extra ction of Stone and Sand from Forest Ar eas. 12. National Bamboo Mission. 13. Mizoram Bamboo Policy. EIGHTH SCHEDULEEXCISE & NARCOTICS DEPARTMENT 1.Policy on Excise and Narcot ics. 2.Mizoram Excise Act. Ex-99 (A)/20154 3.Matters relating to Narcotic Drugs & Psychotropic Substances Act, 1985. 4.All matters connected with Licensing, distribution and regulation of liquors. 5.MLPC Act and Rules ther eunder. 6.Co-operation and Coordina tion with NGO’s on Excise and Narcot ics policy. NINTH SCHEDULEFINANCE DEPARTMENT 1.Fina ncial powers and delegation thereof. 2.Revisions of pay & allowances. 3.General Financial Rules & Treasury Rules. 4.Embezzlement and other financial irregularities in Public Fina nce. 5.Rules relating to pay, allowance and tra velling allowance. 6.Write off of loss. 7.Pre-audit and arrear claims. 8.Matters relating to Treasuries. 9.Rules relating to security deposits. 10. Cadr e control for MFAS & MS FAS. 11. General advice on financial aspects of Service Rules etc. 12. Rules relating to Gr ants-in-aid. 13. All budgetar y matters including control of expenditure. 14. Internal audit. 15. Bank/Development of Bank in Mizoram. 16. Pension, Authorization of Pension, DCRG etc., communication thereof. 17. Rules and procedure regarding GPF. 18. Depa rtmentalization of Accounts. 19. Lottery/IF&SL. 20. General Insurance and Ins urance S chemes of Govt. Serva nts. 21. Discretiona ry Grants Rules and procedures. 22. Lushai Hills Distr ict (Money Lending by Non-Tribals) Regula tion, 1953. 23. Authorization of entitlement of Group A & B Officers of Mizor am Government employees inclu ding those on deputation of Mizoram. 24. Gold Control. 25. Rules relating to House Building Advance etc. 26. Prize, Gift and Money Circu lation Schemes (Banning) Acts 1978, Chit Fund Act, 1982. 27. Matters relating to Fiscal Policy and Public Fina nce. 28. The Mizoram Transpa rency in Public Procur ement Act, 2008 and Rules thereof. 29. The State Finance Commission of Mizoram. 30. The Mizoram Public Demand Recovery Act & Rules, 2004. TENTH SCHEDULEFISHERIES DEPARTMENT 1.Fisheries research and education. 2.Fish production. 3.Conservation, Control & Management of Riverine Fisheries. 4.Control & P rotection of Fish Disease. 5.Development of Pond/Tank by assistance to sma ll Marginal Fish farmers. 6.Extension & Farmers Training.Ex-99 (A)/2015 5 7.Implementation of State Fishery Acts, Regulations, etc. 8.Integrated viz Paddy-cum-F ish, Pr awn culture, Crab, Sna il farming. 9.Mana gement of Fish Seed Farm & P roduct ion of Quality Fish Seed. 10. Marketing of Fishes, Preservation and Pr ocessing of Fish Sale/Trade of Fishes from outside etc. ELEVENTH SCHEDULEFOOD, CIVIL SUPPLIES & CONSUMERS’ AFFAIRS DEPARTMENT 1.Food and Civil Supplies. 2.Essential Commodities Act. 3.Price Contr ol and Rationing. 4.Inter-State movement permits of food-stuff. 5.Supply Advisory Boa rds. 6.Warehouse. 7.Control, distribution and r egulation of LPG. 8.Control, distribution and r egulation of POL and its products. 9.Control, Distribution and Regulation of Essential Commodities. 10. Consumers ‘Affairs- Consumer Protection including Mizoram State Consumer Disputes Redressal and District F orum. 11. Legal Metrology. TWELFTH SCHEDULEGENERAL ADMINISTRATION DEPARTMENT 1.Transaction/Alloca tion of Business under Govt. of Mizoram. 2.District Administration. 3.Mizoram Houses and Offices outside Mizoram. 4.State Guest House, Circuit House a nd Dak Bungalow/Rest House. 5.Air Travel Permission/Entitlement. 6.Allotment, Maintenance and Furnishing of General Pool Government Quarters. 7.Annual Administration Report. 8.Aviation. 9.Books and Publication. 10. Census. 11. Ceremonial functions including celebration of RepublicDay/ Independence Day. 12. Creation of District and S ub-Division. 13. Creation, Reorganization a nd Amalgamation of Department(s). 14. Determination of ceremonia l procedure and procedure. 15. District Development Committee/Board except Lunglei HPC. 16. Entitlement of Space, Furniture and Office Equipments. 17. Official Entitlement (e. g. Accommodation, Telephones, Vehicles, Foreign Tours, Air Tra vel) 18. Entitlement/Purchase of Govt. Vehicles. 19. Flag code of India. 20. Foreign Tours/Tra vel. 21. General Elections to the Lok Sa bha/Legislative Assembly. 22. Hire of private building for office accommodation. 23. Holiday. 24. Matters relating to National Population Policy, 2000 and State commission on Population. 25. Mizoram Urba n Rent Control Act. Ex-99 (A)/20156 26. Post and Telegraph matters. 27. Protocol. 28. Requisition of Helicopter and ma tters r elating to Helipad. Air communication between Mizoram and other pla ces. 29. Sinlung Hills Development Council & Sialkal R ange Development Council. 30. Site Allotment of Govt. La nds. 31. Special Casual Leave. 32. Statues and Memorials. 33. Visit of Pr esident, Vice P resident, Prime Minister. 34. Coor dination of activities relating to S wachh Bharat a nd Sama j Swasthya Rakshak Sewak. 35. Miscellaneous subjects not a llocated to any Department. THIRTEENTH SCHEDULEHEALTH & FAMILY WELFARE DEPARTMENT 1.Administration of Government Hospitals a nd Health Centers. 2.Prevention of Food Adulteration. 3.Drugs Control Acts. 4.Implementation of Nationa l and S tate Health S chemes/ Progra mmes 5.Medical S ervices. 6.Indian Luna cy Act/Poison Act. 7.Matters relating to Indian Medica l Council/State Medical Council/State Nursing Council. 8.Health Education/ Research Schemes. 9.The Mizor am Health C are Scheme. 10.. Medical & Nursing Colleges/Institutions. 11. State Illness Assistance F und. 12. Telemedicine. 13. State Council for Clinical Establishment Act, 2010. 14. Pre-concept ion and Pre-na tal Dia gnostics Techniques Act & Rules. 15. Transplantation of Human Organs Act and Rules. 16. Matters relating to Medica l Attendance Rules. 17. State Medicinal P lant Board. 18. Rest riction of Sale of Acids. 19. The Poisons Act, 1919 and Model Poisons Possess ion and Sale R ules, 2013. FOURTEENTH SCHEDULEHIGHER & TECHNICAL EDUCATION DEPARTMENT 1.University Education. 2.Collegiate Education. 3.Polytechnic Courses. 4.Mizoram Institute of Education. 5.Mizoram Hindi Training Institute. 6.Scholarships /Stipends/Book Grants/Fellowships. 7.Incentive Ca sh Awards for Meritorious Students. 8.Foreign/Overseas scholar ships/fellowships. 9.Education loan for students. 10. All matters concerning Edu cation of SCs/STs/MCs and all matters relating to Scholar ship concerning SCs/STs and MCs.Ex-99 (A)/2015 7 11. All matters relating to the Mizora m (Centr alisation of Scholarship /Stipends/ Book Gr ants) Rules, 2010. 12. Scholarship/Research Fellowship for Resear ch Scholars. 13. Scholarships for Commercial Pilot License Course. 14. State Technical Entrance E xamination (ST EE). FIFTEENTH SCHEDULEHOME DEPARTMENT 1.Law & Order. 2.Security Arrangement. 3.Acts Rules relating to Police. 4.Home Guards and Civil Defence. 5.All matters relating to Foreigners. 6.Administration of Armours Act and matters relating thereto. 7.Fir e service. 8.SS&A Board a nd other matters relating to Ex-Servicemen. 9.Compensation to Political Sufferers. 10. Nationality, Passport etc. 11. National Security Act. 12. Prisoners Act and Administration of Prisons. 13. Flight of unidentified aircr aft. 14. Explosives. 15. Essential S ervices Maint enance Act. 16. Inner Line Regulation. 17. Matters relating to International/Interstate Boundar ies. 18.General Matters relating to Scheduled Castes/Scheduled Tribes / Minority Community: EXPLANATION : The term“General Matters” relating to SCs/STs/MCs under Sl. 18 may constitute the following:- i)Overall policy, planning, coordination, evaluation and review of regulatory and development programmes of SCs/STs/MCs. ii)All matters relating to Law & Order relating to SCs/STs/MCs. iii) Policy initiative for SCs/STs/MCs and their security. iv) Matters relating to Linguistic Minority in the State. v)Matters relating to National Commission for SCs/STs/MCs. vi) Representation of SCs/STs/MCs. vii) Protection of place of worship of SCs/STs/MCs. viii) Formulation of measures relating to the protection of SCs/STs/MCs and their security in consultation with other concerned agencies. ix) Prime Minister’s new 15 points Programme for Minorities. x)Enforcement of SCs & Sts(Prevention of Atrocities) Act, 1989 and Rules thereof. xi) Any other issues pertaining to SCs/STs/MCs. xii) All matters relating to funding of minority communities except those specifically allotted to other departments. 19. National Awards like Padma Shri etc. 20. Intelligence Matters. 21. Activities of all Political Parties. 22. Civil military liaison. 23. Reallocation of Assam Rifles Complex at Zokhawsang. Ex-99 (A)/20158 24. The Waqf Act , 1995(43 of 1995) and matters connected thereto. 25. Huma n Rights. 26. Construction and E stablis hment of Sainik School at Chhingchhip. 27. Declaration of Restricted/Protected Ar eas for security purpose. 28. Matters relating t o Haj Act and issues connected thereto. 29. Tr affic Ma nagement. SIXTEENTH SCHEDULEHORTICULTURE DEPARTMENT 1.Horticulture Research & Education. 2.Horticultur e Farm & Qualit y seed product ion. 3.Extension and Training. 4.Floriculture development. 5.Fruit Development. 6.Manures & Fertilizers. 7.Mushroom development. 8.Plant protection. 9.Plantation Cr ops. 10. Root and Tuber cr ops. 11. Spices development. 12. Tea Plantation . 13. Vegetable development. 14. Centrally Sponsored Scheme of National Mission on Medicinal Pla nts. SEVENTEENTH SCHEDULEINDUSTRIES DEPARTMENT 1.Esta blishment of M ajor and Minor Industr ies. 2.Registration and Licensing of Industr ies. 3.Indu strial Loan. 4.Allotment of Raw Materials. 5.Acquisition of Land for Industr ies. 6.Development of Industrial ar eas. 7.Cotta ge Industries. 8.Handicraft Schemes. 9.Mines and Minerals. 10. Natural Gas. 11. Handloom Development S chemes. 12. Handmade pa per mills. 13. Production/Manufact uring Components of ASIDE schemes. 14. All Minor Minerals including Sand and Stone Qua rrying” regula ted under Mizoram Minor Minerals concession Rules, 2000. 15. Electronic Industr ies. 16. Development of Textile Industr ies. 17. Carbon Economy, Ca rbon Tr ading a nd other related matters. 18. Recycling of Used Plastics & Metal Scraps. 19. Pravasi Bharatiya Diwas (PBD). 20. Food Processing.Ex-99 (A)/2015 9 EIGHTEENTH SCHEDULEINFORMATION & COMMUNICATION TECHNOLOGY DEPARTMENT 1.Policy matters relating to Informa tion and Communication Technology. 2.Information Technology Act s and Rules. 3.Matters relating t o Information Technology Enabled Services (ITES) and Internet. 4.Information Technology Infrastructure Development like Softwar e Technology Pa rk of India (STP I), Sta te Wide Area Network (SWAN), Common Services Centr e (CSC), State Data Centre (SDC), Community Information Centre (CIC), etc. 5.Promotion and Standa rdization of IT Educatione-Learning. 6.Matters relating toe-Governance,e-Commerce,e-Medicines ,e-Infrastructure, etc. 7.Matters relating toe-Security and Cyber Laws. 8.Coor dination of Information Technology related matters with National a nd Internationa l Agencies, Bodies and Institutions (N IC, NIE LIT, etc.). 9.Telecommunication and its related matters. 10. IT r elated Public S ector Undertakings and Societies (ZENICS, MSeGS, etc). 11. Matters relating to Unique Identification (UID). NINETEENTH SCHEDULEINFORMATION & PUBLIC RELATIONS DEPARTMENT 1.Press, Newspapers and Periodicals. 2.Publication and Publicity. 3.Advertisements. 4.Public relation and mass communications. 5.Co-ordination with AIR and Doordarshan. 6.Regulating, Censoring and Monitor ing the making, producing, displaying, broadcasting and exhibition of Movies, Films, News clippings etc. through any medium or channel of mass communication opera ting in Mizora m, which imply applica tion of relevant Act a nd Rules, such as:- i) the Cinematograph Act. ii)Cable TV Network Act, 1995 & Amendment Act, 2000. iii) the Mizoram Exhibition of Films on TV Screen through VCP Rules, 2000 & Amendment Act, 2005 7.The Right to Infor mation Act, 2005. 8.Jour nalist Welfare Fund Rules. 9.Speeches of Governor and C hief Minister on National Important Days and Budget Sessions. TWENTIETH SCHEDULELABOUR, EMPLOYMENT & INDUSTRIAL TRAINING DEPARTMENT 1.Employment services. 2.Labour Acts and Rules. 3.Labour Rates. 4.Labour disputes. 5.Tra de Union. 6.Lab our Welfa re. 7.Factories. 8.Employees Sta te Insur ance. 9.Matters connected with Industrial Training Institute Ex-99 (A)/201510 10. Apprenticeship Tra ining. 11. Import of Labour to Mizoram from outside Mizoram. 12. Workmen’s Compensa tion Act , 1923 and Rules thereof. 13. Mizoram Youth Commission. 14. Matters relating to employment opportunit ies for SCs/STs/MCs in the Sta te and State public sector undertakings as also in t he private sector. TWENTY-FIRST SCHEDULELAND REVENUE & SETTLEMENT DEPARTMENT 1.Land Revenue. 2.Land Settlement. 3.La nd Records. 4.Land Reforms. 5.Compensation on account of damages of private properties by S ecurity Forces and Pa ra Military Forces and others. 6. Acquisition of Land under Land Acquisition Act, 1894 including State amendment for the State of Mizoram and Rules made t her eunder. 7.Administration of the following Acts and Rules:- i)The Lushai Hills (House Site) Act, 1953. ii)The Mizo District (Land & Revenue) Act, 1956 and Rules thereunder. iii) The Mizo District (Agriculture Land) Act, 1963 and Rules thereunder. iv) The Mizo District (Transfer of La nd) Act , 1963 and Rules thereof. v)The Mizoram (Prevention of Government Land Encroachment) Act, 2001, and Rules thereof. vi) The Mizoram (Land Survey and Settlement Operation) Act , 2003 and Rules thereof. vii) The Mizoram (Taxes on Land Building and Assessment of Revenue) Act, 2004 and the Rules t hereunder. viii) The Mizoram (Restriction on use of Transferr ed Land) Act, 2002. 8.Assessment of Renta l Charges on pr ivate Buildings /Lands occupied by security forces during Mizoram insurgency and pa yment of claims thereof. 9.The Indian Registration Act, 1908. 10. Stamp Duties and matters connected thereto. TWENTY-SECOND SCHEDULELAW & JUDICIAL DEPARTMENT 1.Compilation, Maintenance and Interpretation of all Acts/Rules. 2.Laws and regulation in force from time to time. 3.Administration of Justice in the State (Incl. Dist. Council Courts and Training of Judicial Officers). 4.Advice on Legal Matters. 5.Appointment of Advocate General/Standing Counsel/Public Prosecutor and Government Advocate. 6.Advice on all cases involving the State of Mizoram in the Supreme Court, High Cour t and C ivil Cour t to the Department and Agencies concerned. 7.Vett ing of a ll Official Bills/Rules/ Regulations. 8.Contract deeds and Arbitra tion Ca ses. 9.Matters relating to inherit ance of property under the Mizo Distr ict (Inheritance of Pr operty) Act, 1956.Ex-99 (A)/2015 11 10. General supervision over District and other S ubordinate Courts. 11. Lushai Hills Autonomous District (Administration of Justice) Rules, 1953. 12. Personal Laws and Customary Laws and practices. 13. Matters relating to High Court. 14. Investitur e of Ma gisterial Powers. 15. Matters relating to Legislative Assembly. 16. Motor Accident Claims Tribunal. 17. Registration of Marriage. 18. Sepa ration of Judiciary from Executive. 19. Matters relating to the Mizoram Judicia l Services. 20. Esta blishment of the Institution of Lokayukta in the State of Mizoram. TWENTY-THIRD SCHEDULELOCAL ADMINISTRATION DEPARTMENT 1.Village Council Ma tters and Villa ge Administration. 2.Matters relating to Panchayati Raj Institution. 3.Naming of streets, roads a nd villa ges. 4.Animal Control and Taxation. 5.Par k & Recreation. Registr ation and regulation of Recreation, Park and Places, like P icnic Spots, etc. 6.Housing Loan and Advances. 7.Loca l Development works fu nded under State Plan Fund including Housing Assista nce out side Aiza wl City and its agglomeration. 8.Preservation of place of worship of SCs/STs/MCs including burial gr ound, cremator ium. TWENTY-FOURTH SCHEDULEMINOR IRRIGATION DEPARTMENT 1.Minor Ir rigation, which includes (1) River Lift Irrigation (2) Drips & Sprinklers, Hydrams etc. (3) Diversion Scheme. 2.Networking of Rivers. 3.Command Area Development. 4.CSS Programmes relating to Minor Irrigation. 5.Anti Erosion Schemes for protection of Wet Rice Cultiva tion Ar eas under Flood Management Programme. TWENTY-FIFTH SCHEDULEPARLIAMENTARY AFFAIRS DEPARTMENT 1.Summoning and Prorogation of the Legislative Assembly, Dissolution of the Assembly. 2.Planning and Coordination of Legislative and other official business in the Legislative Assembly. 3.Allocation of time to the Government in the House for discussion of motions given notice of by Members. 4.Liaison with Leaders and Whips of Various Parties and Groups represented in the Legisla tive As s e mb ly. 5.List of members of select and Joint Committees on Bills. 6.Appointment of Members to Commit tees and other Bodies set up by the Government. Ex-99 (A)/201512 7.Functioning of Consultative Committees of Members of the Legislative Assembly for var ious Ministries/Departments. 8.Implementation of assurances given by Ministers in the Assembly. 9.Government’s stand on Private Members Bills and Resolutions. 10Sala ry, Allowances and Pension of Members of the State Legislature. 11. Sala ry, Allowa nce etc. of the Ministers, Speaker/Dy.Sp eaker, Parliamentary S ecretar ies, Government Whip, Leaders of opposition in the State Legislature, Officers of the State Legislature. 12. Advice to Ministries on p rocedura l and other Legislative matters. 13. Coor dination of action by Ministries on general application made by various Committees of the State Legislature. 14. Officially sponsored visits of members of the Legislative Assembly to places of interest. 15. Matters connected with powers, privileges and immunities of M embers of the Legisla tive As s e mb ly. 16. Parliamenta ry Secr etary i. e. Secr etary of the Department and other officers of the Department- Functions of. 17. Welfare of Ex-Legislators and their Families. TWENTY-SIXTH SCHEDULEPERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT 1.Advice on absorption of staff and r etrenched personnel. 2.Advice on re-employment/ext ension of superannuated Government servant on contra cts. 3.Advice to Departments on Creation of Posts. 4.Advice to various Departments in all matters relating to Recr uitment/ Promotion to Group ‘A’ & ‘B’ post by Selection Board/Local Department Promotion. 5.Advice to various Departments in all matters relating to Services/Recruitment Rules of var ious services/posts. 6.All matters relating to Administrative Tra ining Institute of Mizoram. 7.All matters relating to State Enquiry Officer. 8.All other training matters. 9.All service matters relating to Ministerial Service(Assistants)/Steno Grade I,II & III 10. Allocation of services. 11. Compa ssionate Appoint ment 12. Co-ordination with Central Government on matters of Administrative reforms. 13. Custody of PAR of C ivil/Secretaria t Service Officers & Heads of Departments. 14. Depu tation of Gazetted and Non-Gazetted Officers for tra ining in India and abr oad. 15. Depu tation/Foreign Service. 16. General Policies on ACR & Custody of ACR of Assistants/Steno Grade I,II & III 17. General Policy on Staff Welfare 18. General Rules gover ning petitions, appeal and memorial on Service maters. 19. General Rules on Performance Appraisal. 20. Manpower Planning (Service). 21. Matters relating to debarring persons from Government service. 22. Matters relating to grant of Gazetted sta tus. 23. Matters relating to Public Service Commission. 24. Matters relating to Service Associations. 25. Orga nisation & Management Works. 26. Periodical Ca dre Review of above.Ex-99 (A)/2015 13 27. Policy on personnel administrative reforms. 28. Recognition of University degree and diploma in service matters. 29. Rela xation of Service Rules/Recruitment R ules 30. Re-organization of Ministerial cadres. 31. Research in Personnel Administration. 32. Reservation of vacancies for Scheduled Castes/ Tribe handicapped per sons and Ex-servicemen in Government service. 33. Rules and Pr ocedures regar ding fixation of senior ity, pr omotion and all matters relating thereto. 34. Rules relating to applica tion fee and instruct ions regarding advertisement for posts. 35. Secretariat Manual. 36. Service matters relating to All India Service, MCS, MSS and Heads of Departments 37. Simplification of Rules and Procedures. 38. State Council of JCM. 39. Works study/work measurement and laying down of yardstick for Departments. TWENTY-SEVENTH SCHEDULEPLANNING & PROGRAMME IMPLEMENTATION DEPARTMENT 1.Preparation of Annual/Five Year P lan. 2.Manpower Planning. 3.Implementation & Monitoring of Pla n Schemes and Evaluation thereof. 4.Planning Advisory Board and other Development Committees. 5.Plan Publicity. 6.Statistics / Data Bank relating t o Price collection, ra infall data collection, publication of Census of Government Employees, Price Bulletins, various socio-economic survey, National Sample Sur vey, Agriculture Census, Economic Census, St ate Income Estimate, Adhoc S urvey, etc. 7.Matters relating to N.E. Council. 8.Evaluation and Monit oring of Statistics. 9.Manpower, Employment and Credit Liaison. 10. 20-point Progr amme. 11. Registration of Births a nd Deaths. 12. Infr astruct ure & P ublic Pr ivate Partnership. 13. Resource Ma pping of Areas under formula tion of Action Plan for Development in Mizoram. 14. Promotion and Popularization of Science & Technology. 15. Remote sensing, GIS and S pace Applications. 16. Matters relating to Intellectual Property Rights including Copyright Act, 1957; Patent Act, 1970 involving establis hment of Patent Infor mation C entre; Design Act, 1999; Tra demarks Act, 1999; and all Rules/Regulation thereunder. 17. Meteorology & Climate Cha nge. 18. Bior esearches and Biotechnology. TWENTY-EIGHTH SCHEDULEPOLITICAL & CABINET DEPARTMENT 1.Governor ’s Awar d. 2.Cabinet Matters. 3.State Mourning and Obituary. Ex-99 (A)/201514 TWENTY-NINTH SCHEDULEPOWER & ELECTRICITY DEPARTMENT 1.Power and Electricity. 2.Generation, Transmission a nd distr ibution of Electric Power. 3.Non Conventional Energy. 4.Integrated Rural Energy Progra mme. 5.All other matter r elating to Energy. 6.Indian Elect ricity Acts and Rules thereunder. THIRTIETH SCHEDULEPRINTING & STATIONERY DEPARTMENT 1.Control of Government Printing Pr ess. 2.Streamlining the pr ocedure of local purchase of stationery. 3.Printing of Departmental Forms. 4.Procurement of stationery articles & supply to offices. 5.Matters relating t o Press Registration Books Act, 1867 Part III in r espect of Mizoram. THIRTY-FIRST SCHEDULEPUBLIC HEALTH ENGINEERING DEPARTMENT 1.Administration of P ublic Health Sa nitation and Water Supply. 2Integrated Management and Development of a ll Water Resour ces. 3.Mana gement and Implementation of Urban a nd Rural Water Supply. Ground Water Development, Survey and Distribution. 4.Protection, Renovation, Restoration and Repair of all Wa ter Bodies. 5.Water Qualit y Assessment, Monitoring and Surveillance. 6.Liquid Waste Management such as Drainage, Sewerage and Septage, etc in Rural and Urban Areas. THIRTY-SECOND SCHEDULEPUBLIC WORKS DEPARTMENT 1.Construction/Maint enance of Government buildings. 2.Supply of fu rniture to the r esidential quarters. 3.Rura l Housing and S chemes relating to Government projects and Government Building. 4.Construction and Maintenance of Roads & Bridges. 5.National Highway Act and other Laws/Regulation pertaining to roads. 6.The Mizoram Roadside Land C ontrol Act, 1976 and related Rules. 7.Ropeways. 8.Inla nd Water Transport. 9.Mizo District (Ferries) Act, 1955. 10. Flood Control. 11. Major Irrigation Projects. 12. Aiza wl extension projects t o Luangmual. 13Purchase, allotment and tra nsfer of plan, tools and machinery. 14. Shramik Bahini Act.Ex-99 (A)/2015 15 THIRTY-THIRD SCHEDULERURAL DEVELOPMENT DEPARTMENT 1.Integrated Rural Development Programmes. 2.National Rural Employment Programmes. 3.Community/Rural Development Blocks. 4.Land Use Policy. 5.Planning, co-ordination, evaluation and monitor ing of all Rur al Development Schemes and Centrally S ponsored Schemes for rural development. 6.Rural BPL Census. 7.Rura l Housing including tha t for pr oject staff. 8.SLMC & IAC. THIRTY-FOURTH SCHEDULESCHOOL EDUCATION DEPARTMENT 1.Elementary Education. 2.Secondary Education. 3.Adult Education. 4.Hindi Propaga tion. 5.Teachers’ Education and Training. 6.The Education Policy of Mizoram, 2013. 7. Sta te Council for Educational Research & Training. 8.Science Promotion in Schools. 9.Voca tional Education. 10. Mizoram Institute of Compr ehensive Education (MICE). 11. State Instit ute of Educational Management & Training. THIRTY-FIFTH SCHEDULESECRETARIAT ADMINISTRATION DEPARTMENT 1.All service matters relating to UDCs, LDCs, Drivers and Group D staff under SAD. 2.Maintenance of Service Books of Assistant, Stenographer Grade-II and Gra de-III under Secretariat Establishment. 3.Pay Bills a nd TA Bills of Ministers, Pa rliamentary Secretaries, all Gazetted and Non-Gazetted Officers of Secretariat. 4.All interest bearing and non interest bearing advances a nd loans, maint enance of accounts/records thereof for staff under SAD. 5.All kinds of contingency bills of S ecretariat.. 6.Accommodations of officers & staff in the Secretariat and Minor Repa ir/alteration works in the Secretariat. 7.Maintena nc e of S ecreta ria t Vehicles.. 8.Procurement and supply of furnitur e, stationery and office equipments in the S ecretar iat. 9.All matters relating to Departmental Proceedings of staff under SAD. 10. Arra ngement of measures for security in the Secretar iat.Ex-99 (A)/201516 THIRTY-SIXTH SCHEDULESERICULTURE DEPARTMENT 1.Development of Sericulture, Planning and Monitor ing. 2.Commercial scheme of sericultur e products. 3.Training of sericulture personnel to str engthen the technical man-power as well as training to farmers for introduction of improved technology. THIRTY-SEVENTH SCHEDULESOCIAL WELFARE DEPARTMENT 1.Welfare of Women & Children. 2.Welfare of handicapped persons which includes economic rehabilitation prosthetic aids to physically handica pped persons a nd their training in income generating tra des. 3.Grant-in-aid to Voluntary Organization. 4.Homes for orphans. 5.Welfare of poor and destit ute. 6.Implementation of Children’s Act, Immora l Traffic in Women and Girls Act and such Social Security Scheme. 7.Integrated Child Development Services a nd functional literacy for Adult Women. 8.Components of Health, Nutrition and Non-Formal Education to children below 6 years and pregnant and nursing mother. 9.The persons with Disability (Equal Opportunities, Protection of Right a nd Full Participation) Act, 1995. 10. Welfare of Aged (Older) persons. 11. Adoption (In-Country and Int er-Country). 12. Old age pension. 13. Protection of Women from Domestic Violence Act, 2005. 14. Welfare matters relating to Schedule Ca stes/Scheduled Tribes/ Minor Communit y and Other Backward Classes and Weakers Section of the society. EXPLANATION:The term “Welfare Measures” relating to SCs/STs/MCs under sl. 14 may constitute the following:- i)Charities and charitable institutions, charitable and religious endowments to subject dealt within the Department. ii) Matters pertaining to socio-economic, cultural and educational status of SCs/STs/ MCs. iii) Funding of Programmes and Projects for the welfare of Scs/Sts including MsDP. iv) Welfare matters relating to NC for STs/SCs. 15. All matters r elating to adoption. 16. All matters relating to Social Defence a nd Rehabilitation. 17. National Awards for Women a nd Children. 18. Maintenance and Welfare of Parents and C itizens Act, 2007. 19. Prohibition of Child Marriage Act, 2006. 20. The Scheduled Tribe, and other Tr aditional Forest Dwellers (R ecognit ion of F orest Rights) Act, 2006. 21. Prevention/Prohibition of Beggary. 22. Sexu al Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013Ex-99 (A)/2015 17 THIRTY-EIGHTH SCHEDULESOIL & WATER CONSERVATION DEPARTMENT1.Soil Conservation. 2.Hill-side terracing. 3.Plantation for Soil Conservation coffee and rubber plantation. 4.Utilization of terrace land for other purposes. 5.Contour banding. 6.Soil erosion control works. 7.Stream bank erosion cont rol. 8.Gully control measures. 9.Water extension dams/water harvest ing. THIRTY-NINTH SCHEDULESPORTS & YOUTH SERVICES DEPARTMENT 1.Policy and Promotion of Sports and Ga mes. 2.State Sports Council. 3.Bhara t Scouts and Guides. 4.All Youth Welfare Activities. FORTIETH SCHEDULETAXATION DEPARTMENT] 1.Policy on Ta xes and its related matters. 2.Profession Tax collected under the Mizoram Profession Trades calling employment a nd Taxa tion Act. 3.Value Added Tax under Mizora m Value Added Tax Act 2005. 4.Central Sales Tax Act collected under Central Sales Tax Act, 1956. 5.Entertainment/Luxury Tax under T he Assa m Amusement & Betting Tax Act, 1939 adopted in Mizoram. 6.Taxes on Sa les of Petroleum and Petroleum Product including Motor Spirit and Lubricant Taxaxtion Act, 1973. 7.Registration of Societies under the Mizora m Societies Registration Act, 2005. 8.Registration of Fir ms under the Indian Par tnership Act, 1932. FORTY-FIRST SCHEDULETOURISM DEPARTMENT 1.Development of Tour ism. 2.Administration of Tourist Lodges, Yatri Niwas, etc. 3.Conducted Tours. Ex-99 (A)/201518 FORTY-SECOND SCHEDULETRADE & COMMERCE DEPARTMENT 1.Promotion and regulation of trade and commerce subject to provision of entry 33 of list in the 7th Schedule of the Constitution. 2.Trading by Non-Tribal (Regulation) Act, 1974 and Rules thereunder. 3.Border Trades. 4.Agriculture marketing including S ericulture product. 5.Regulated Markets. 6.Esta blishment of market yards a nd trade centers.. 7.Inter-State Tr ade:(a) Mar ket Regula tion; (b) M arket Ru les; 8.All matters of ASID E Schemes except its production/manufacturing component. 9.State Level Export Promotion Committee (SLEPC) for clearance of all P rojects under ASIDE Scheme. 10. Collection of Toll Taxes on Indo-Myanma r Bridge over Tiau River. 11. Bamboo Development Agency a s fund canalizing agency for ASIDE Scheme. 12. The C ompetition Act, 2002. FORTY THIRD SCHEDULETRANSPORT DEPARTMENT 1.Gener al Transport. 2.Motor Vehicles. 3.Motors Vehicles Ta xation/ Registr ation Act and Rules thereunder. 4.State Transport Authority. 5.Condemnation of Government Vehicles. 6.Railways and matters connected therewith. 7.All permits relating to movements of vehicles. FORTY-FOURTH SCHEDULEURBAN DEVELOPMENT & POVERTY ALLEVIATION DEPARTMENT 1.Urba n Development & Urban Renewal and allied matters. 2.Urba n Poverty Alleviation, Employment for the Urban Poor & Related Matters. 3.Projects related to 10% Lump Sum Grant for North Eastern Region on Urban Development & Urban Poverty Alleviation. 4.Slum Development/Re-development. 5.Urba n Sanitation & Solid Waste Management. 6.Urba n Sewer age and Septage Management under JNNURM, Mission pr ojects of ADB/World Bank/JICA sponsored by Govt. of India. 7.Town & Country Planning administration which includes:- (a) The Mizoram Ur ban and Regional Development Act, 1990 and Rules t here under; (b) The Urban Development Plan F ormulation and Implementation Guidelines, 1996; (c) The National Building Code of India under the Bureau of Indian Standard Act, 1986. 8.City Development Pla n for Ur ban regions. 9.Aizawl Solar City Project. 10. Urba n Housing, Residential Tenancy, Titling & Related Matters. 11. Integrated Development of S mall & Medium Towns (Urban areas). 12. Municipalities. 13. City/Town and Regional Development Authorities (Aizawl Development Authority etc.).Ex-99 (A)/2015 19 14. State Election Commission. 15. Safeguarding the weaker sections of society including the physical and mental handica pped persons within the AMC ar eas. 16. Urba n Transport. FORTY-FIFTH SCHEDULEVIGILANCE DEPARTMENT 1.All matters connected with Vigilance work. 2.Anti-corruption measures. 3.Property Returns of Gazetted Officers. 4.Advice on C.C.S (CCA) Rules, 1965. 5.Advice on Government serva nt (Conduct) Rules, 1964. 6.Matters relating to Vigilance Commission. 7.Public Grieva nces. 8.Matters relating to Establishment & Administration of ACB. 9.Referenc e of cases to C BI. Ex-99 (A)/201520 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 3.3.2015 Phalguna 12, S.E. 1936, Issue No. 99 NOTIFICATIONNo. A.46013/1/2013-GAD,the 17th February, 2015.In exercise of the powers conferred by clause (2) and (3) of the Article 166 of the Constitution of India, the Governor of Mizor am is pleased to make the following rules, namely:- PART – I General 1.Short Title and Commencement: (1) T hese Rules may be called t he Government of Mizor am (Tra nsaction of Business) Rules, 2014. (2) They shall come into force at once. 2.Definitions: In t hese Rules unless the c ontext other wis e requir es – (a) “Article” means an Ar ticle of the Constitution of India; (b) “Cabinet” means the Committee of the Council consisting of the Ministers appointed as such by the Governor; (c)) “Chief Minister” means the Minister appointed as such by the Governor under Article 16 4(1) of t he Constitution; (d) “Chief Secretary” mea ns the Chief Secretar y to the Government of Mizoram; (e) “Constitution” means the Constitution of India; (f ) “Department” means a Department of the Government of Mizoram as specified in the first Schedule; (g) “Government” means the Government of Mizoram; (h) “Minister” means a Minister appoint ed as such by the Governor a nd includes a Minister of State and a Deputy Minister, who holds independent cha rge. (i)“Secretary” mea ns a Secretary to the Government of Mizoram and includes Chief Secretary, Additional Chief Secretary, Principal Secretary, Commissioner, Secretary, Special Secretary and Additional Secretary, if holding independent cha rge. (j)“Schedule” mea ns the Schedule appended to these Ru les. PART – II Allocation and Disposal of Business 3.The Business of the Government shall be transact ed in t he different Departments specified in the Fir s t Schedule. 4.The Governor shall, on the advice of the Chief Minister, allot among the M inisters, the Business of the Government by assigning one or more Departments to the cha rge of a Minis ter. 5.Each Department of the Secretaria t shall consist of the Secreta ry to the Government who shall be the adminis trative head of the Department: Provided that – (a)More than one Depar tment may be placed in charge of the same Secretary and. (b)The work of a Depa rtment may be divided between two or more S ecretar ies. 6.In matters of interpretation of the expressions “decision” or “approval” of the “Government of Mizoram” mentioned in any rules, regulations, order or scheme or notification or instructions for the time being in force, shall mean the decision of the Council of Minis ters or the Chief Minister or the concerned Ministers as the case may be. 7.Subject to the order of the Chief Minister under Rule 15, all cases referred to in the Second Schedule to these Rules shall be brought befor e the Cabinet in accordance with the provision of the Rules conta ined in Part – III. 8.The Minister-in-charge of a Depa rtment shall be responsible for the disposal of Business pertaining to his Depa rtment and the Secretary of the Department shall a ssist a nd carr y out t he instructions of the Minister-in-cha rge in this regard. 9.(1) No Department shall, without previous consultation with the Finance Department, authorise any orders (other than or ders is sued under any Act or Rules made thereunder, or pursuance to any general or specific delegation made by the Council of Minis ter) which – (a ) either immediately or by their r epercussion, will affect the finances of the State, or which, in p articular – (i) involve any grant or assess ment of revenue or concession, lease or license of minerals or forest right or any easement or privilege in respect of such concession; or (ii) in a ny way involve any relinquishment of revenue; (b) relate to the numbers or gr ading of cadre of posts or the emoluments or other conditions of service or post; (c ) involve the addition of a post in the public service in the var iation of emoluments of any post; Provided that all group ‘A’ post or posts on fixed pa y which is equivalent or mor e than that of the starting of Group ‘A’ scale of pay per month sha ll be created in consulta tion with the Depa rtment of Personnel a nd Administrative Reforms. (d) involve an expenditure for which no provision has been made in the Appropria tion Act or which is in excess of the provision made in the Act. ( e) Involve the sanction of an allowa nces or special or personal p ay for any post or cla ss of posts or to any employee to the Government of Mizoram. Ex-99/20152 (2) No proposal which r equires the previous consultation with the Finance Department under this Rules, but in which the Finance Department has not concu rred ma y be pr oceeded with unless a decision t o that effect has been taken by the Council of Minis ter or the Chief Minis ter. (3) No re-appropriation shall be made by any Department other than the Finance Department except in a ccordance with such general or specific delegation as the Council of Minister may ha ve made. (4) Except to the extent that power may have delegated to the Departments under Rules appr oved by the Council of Ministers, every order of an Administrative Department conveying a sanction to be enforced in audit shall be communicated to the audit authorities by the Finance Department. (5) Nothing in t his Rule shall be cons trued as author izing any Depar tment including the Finance Depa rtment, to make re-appropriation from one gr ant specified in the Appropria tion Act to another such grant or from a cha rged Appropria tion to a vota ble appropriation. 10.Order or instruments made or executed by or on behalf of the Government of Mizoram shall be expressed to be made or executed in the name of the Governor of Mizoram. 11.Every order or instrument of the Government of the Sta te shall be expressed to be made in the name of the Governor a nd shall be signed either by the Chief Secretary, Additional Chief Secretary, Principal Secretary, Commissioner, Secretary, Special Secretary, an Additional Secretary, Joint Secretary, Deputy Secretary, Under Secretary or such other officer as may be specially empowered in that behalf and such signature shall be deemed to be proper authentication of such or der or instrument. 12.(1) There shall be an establis hment under the direct control of the Chief Minister, in the name and style as ‘C hief Minister ’s Office’ (hereinafter called as CMO) to assist the Chief Minister in overseeing proper planning and implementation of various policies and progra mmes of the State Government, in coordinating the functioning of various ministries/ departments of the State Government, in monitoring the va rious pr ojects and schemes of the Government, in maintaining peace and security in the State, in pursuing the decisions of the Council of Ministers and of the Chief Minister taken from time to time and also in pursuing State Government matters with the Govt. of India. (2) Without prejudice to the generalit y of the provision contained in Rule 12(1), the CMO shall assist the Chief Minister particularly on all major aspects of internal security of the State. (3) The CMO sha ll cons ist of a Principal Secretary as the head of the establishment and Principal St aff Officer to the Chief Minist er to b e a ssis ted by a S ecr etar y, Joint S ecretar y, Depu ty Secr etary, Under S ecretar y and such other staff as considered necessary. (4) The Principa l Secretary in the CMO shall also function as Economic/Security Adviser to the Chief Minis ter in such ra nk and status as may be determined, from time to time, by the Chief Minister by an order or or ders as he may think fit. (5) All government matters requiring the Chief Minister ’s decision or disposal shall b e submitted to him through the CMO.Ex-99/2015 3 (6) The CMO sha ll also consists of Adviser or Advisers to the Chief Minister on specific matters on such terms and conditions of service as may be determined from time to time by the Chief Minister, by an order or orders a s he may think fit. (7) The Chief Minister may specify the functions, responsibilities a nd procedures of the CMO. PART – III Procedure of the Cabinet 13.The Chief Secretary, or such other Officer as the Chief Minister may appoint, shall be the Secretary to the Cabinet. 14.All cases r eferred to in the Second Schedule sha ll, aft er cons ideration by the Minis ter, be sent to the Chief Secretary for obtaining or ders of the Chief Minister for bringing it up for consideration at a meeting of t he Cabinet or for Circulation of the case under Rule 15 herein. 15.The Chief Minister may dir ect tha t any case referred to in the Second Schedule may instead of being brought up for discussion at the Cabinet be circulated to the Ministers for their opinion. The Chief Minis ter may refer such matter for discussion at a meeting, if he may consider necessary. 16.In cases which are circulated for opinion u nder Rule 15, every Minister shall communicate his opinion by a date specified in the memorandum of meeting for circulation. In case any Minister fails to communicate his opinion, the Secr etary to the Ca binet s hall br ing the matter to the notice of the Chief Minister for further directions. The Chief Minis ter may return the case to the Secretary to the Cabinet with orders. The S ecretar y to the Cabinet will then pa ss it on to the Secretary concerned for ta king steps for the implementation of t he decision or for issuance of the orders a ccordingly. 17.When it has been decided to bring a case before the Ca binet, the Department to which the case belong shall, unless the chief Minister otherwise directs, prepare a memorandum indicating with sufficient precision on the salient fact of the case a nd the points for decision. Cabinet Memora ndum having any Financial implication shall be accompanied by Fina ncial M emorandum prepared by the concerned Department duly vetted by the F inance Department. Likewise, all proposals having legal implication with Act, Rules, Regulations, etc., must also be vetted by the Law & Judicial Department. Such memorandum and such other papers as are necessary t o enable the ca se to be disposed of s hall be circulated to the Ministers. 18.In cases which concern more than one Minister, the Ministers shall attempt by previous discussion to arrive at an agreement. If an agreement is reached, the Memorandum shall contain the Joint recommendations of the Minister; and if no agreement is reached, the Memorandum shall state the points of difference and the recommendations of each of the ministers concerned shall be submitted to the Chief Minister for his decision. 19(1) The cabinet sha ll meet at such p la ce and time a s the C hief Minister may dir ect. (2) The Secretar y to the Cabinet shall send agenda papers to be discussed at a meeting of the Cabinet together with copies of such Memorandum as have not been circu lated under Rule 17 to the Chief Minister and other Ministers so as to reach them two clear days before the date of such meeting. The Chief Minister may wa ive the said period of two days. Ex-99/20154 (3) Except with the permission of the Chief Minister, no case be placed on the a genda of a meeting unless papers relating thereto have been circulated as required by Rule 17. (4) If a ny Minister is on tour, the Secreta ry of the Cabinet shall bring the ma tter to the notice of the Chief Minis ter before meeting of the Ca binet for appropriate instructions. The Chief Minister may direct for a report fr om Secretary of the Department for consideration of the Cabinet. The Chief Minister or in his absence any other Minister nominated by him shall preside over a meeting of the Cabinet. (5) The Secreta ry to the Cabinet shall attend the meeting of the Cabinet and sha ll prepa re a record of t he decis ions. He shall, after approva l of the Chief Minister, prepa re the record of decis ions of the Cabinet for communication to the Governor under Article 167(1 ) of the Constitution and to other Ministers of the Cabinet. 20.When a case has been decided by the Cabinet after discussion at a meeting, the Minister concerned shall take action to give effect to the decision. If however, any deviation is proposed to be made from that decision, the case shall be submitted by t he Minister to the Chief Minister for consideration in accordance with the provisions of Rule 15 and/or 16. PART – IV Departmental Disposal of Business A – General 21.Except as otherwise provided by any other Rule, cases shall ordinarily be disposed of by or under the authority of the Minister-in-char ge of the Depa rtment who sha ll give such directions as he thinks fit for the disposal of cases in his Department. Copies of important instruction shall be brought to the notice of the Chief Minis ter. 22.Whenever a matter concerns two Departments, the fact shall be specifically brought to the notice of the Ministers concerned. T hereupon, the Ministers of departments concerned shall hold discussion and try to arrive at an understa nding. The Ministers may, however, direct t hat the discussion ma y be held by the Secreta ries of the Departments concerned. S uch decision shall be recorded and placed before the Ministers concerned. In case of any difference of opinion, the matter shall be put up before the C hief Minister for approp ria te or der. 23.(1) The Chief Minister may ca ll for records of any case relating to any Department. The Chief Minister may, in consult ation with the Minister-in-cha rge of t he depa rtment, pass such orders in any case as he considers necessar y or ma y direct that the matter shall be placed befor e the Cab inet. (2) The Chief Minister may pass orders in a case relating to any Department when the case is referred to him by the Minister-in-charge of the Department. (3) The Chief Minister, in the absence of the Minister-in-charge of the Department may, in a matter of urgent p ublic important relating to any Depa rtment, pass such orders as he considers necessa ry or exp edient.Ex-99/2015 5 24.If a question arises as to the department to which a case properly belongs, the matter shall be referred for the decision of the Chief Minis ter. 25.All communications received from the Government of India (inclu ding those from the Pr ime Minister and other Ministers of the Union) ,other than those of routine or unimportant natur e, shall be placed by the Secretary to the Minister-in-charge and the Chief Minister for information. 26.Any matter likely to bring the State Government into controversy with the Government of India or with any other Sta te Government or the Government of Bangladesh or Myanmar shall be brought to the notice of the Chief Minister and the Minister-in-charge forthwith. The Chief Minister may apprise the Governor in this regard. 27.The following classes of cases shall be submitted to the Chief Minister before the issue of orders – (i) Proposals for the grant of pardons, repr ieves, respites or remissions of punishment or for the suspension, remission or commutation of a sentence; (ii) Cases which affect or are likely to affect the peace and tranquility of the state; (iii) Proposal for awarding punishment of dis missal or removal or compulsory retirement from service in r espect of Gazett ed Offic ers. (iv) Important cases which affect or a re likely to a ffect the interests of the Minority Communities or S cheduled Castes and Backwar d Classes; (v) Cases which affect the relation of the Sta te Government with the Government of India or any other State Government, or the Government of Bangladesh and Myanmar, or the Supreme Cour t or the High Court. (vi) Constitution of an Advisory Boar d under Article 22(4)(a) for the detention of persons without trial. (vii) Appointment of the Chief Secretary. (viii) Appointment, transfer, posting and deputa tion of all Group ‘A’ Officers in the Autonomous Bodies. Such proposals should be routed through the Minister concerned. (ix) Proposal for the appointment and posting of the following officers- (a) Additiona l Chief Secretary, Principal Secretary, Specia l Secretary, Commissioner, Secr etaries, Additional Secretaries and Joint S ecretar ies of the Government of Mizoram. (b) Director-General of Police, Inspector-G eneral of Police, Deputy Inspector General and Superintendent of Police. (c) Head of Departments. (d) Special Officer of the sta tus of J oint Secretaries and above ( e) Deputy Commissioner; (f) Chief Electoral Officer; (g) Init ial appointments of all other Group ‘A’ Officers. Ex-99/20156 (x) Appointment of the Chairman and member of the State Public Service Commission, S tate Selection Boa rd and the members of t he Depar tment or Distr ict Selection and Pr omotion Committees. (xi) Every important communication from the Election Commissioner; (xii) Any proposa l for the institution or withdrawal of a prosecution by Government; (xiii) All proposa ls in regard to the ma tters in connection with the Sixth Schedule of the Constitution of India; (xiv) Cases perta ining t o the Governor ’s personal establishment and Government House matters; (xv) Cases of Gr oup ‘A’ and ‘B’ Officers of the Government of Mizoram pertaining to appeals against the order of the Appointing Author ity. (xvi) All other policy and important matters. 28.Wher e a mat ter of sensitive public impor tance is required to be pla ced befor e the C hief Minister, the Secretary sha ll pla ce the matter before the Minister-in-cha rge through the C hief S ecret ary. The matter shall then be placed before the Chief M inister for orders accordingly. In matters required to be disposed of by t he Minister concerned, the Department’s Secr etary shall place the same before the Minister concerned for orders under Rule 21 of t hese Rules. 29.The following cases shall b e submitted thr ough the Chief Minister, to the Gover nor before issue of orders :- (i) Proposals to grant pardons, reprieves, respites or remissions of punishment or suspension, remissions of commutation of sentence under Article 161 of the Constitution of India. (ii) Proposals for the appointment of Chairman and members of the State Public Service Commission. (iii) Cases pertaining to Governor ’s personal establishment and Raj Bha van matters; (iv) Appointment and resignation of the Council of Ministers or a ny other Minister; (v) Governor ’s Address and Message to the Legislative Assembly; (vi) Bills passes by the Legislative Assembly for the Governor ’s assent; (vii) Promulgation and withdrawals of Ordinances; (viii) Appointment, resignation and removal of the Advocate General; (ix) Summoning, prorogation or dissolution of the Sta te Assembly; (x) Disqualification of Members of the State Assembly; (xi) Proposals and requests for recommendations obliga tory under the financial procedure laid down in the Constitution of India.Ex-99/2015 7 30.The Chief Minister s hall (a) Communicate to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of the Sta te and proposa l for legislation; (b) Furnish such information r elating to the administration of the affairs of the State a nd proposals for legislation as t he Governor may call for and if the Governor so requires. (c ) Submit for the cons ideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. B – Chief Secretary 31.(1) The Chief Secretary as the head of the administra tive ma chinery, responsible to ensure the efficient functioning of the Sta te Administration, sha ll be kept informed and appr ised of all impor ta nt decisions a nd in pa rticu lar of the Depar tments of Home, F inance, Gener al Administration, Personnel and Administrative Reforms, Planning & Programme Implementation, Political & Cabinet and Vigilance who shall bring such decisions and informa tion to the notice of t he Chief Minister. (2) All cases of appointment, deputation, termination, compulsory retirement and removal of all Group ‘A’ officers including officers of equiva lent ra nk in the Autonomous Bodies shall be put up b y the secretary to the Chief S ecretar y who shall put them up before the Chief Minister through the Minister concerned for orders. (3) All cases of transfer and posting of Group A officers fr om the r ank of Joint S ecretary and above shall be put up by the Secr etary concerned to the Chief Secretary who shall in turn, put up t he matter to the Chief Minister through the concerned Minister.. (4) All cases of transfer and posting of Group ‘A’ Officers below the rank of Joint Secr etary s hall be put up by the Secretary concerned to the concerned Minister through t he Chief Secretary. C – Major Departments Without prejudice t o each and every Depa rtment of the Government of M izoram listed in the F irst Schedule, t he following Departments having funct ions and jurisdiction over and above all Departments in some respects are listed with general specifica tions of their functions: i. Finance Department 32.(1) The Finance Department shall, in consultation with the personnel and Administra tive Reforms Depa rtment, frame Rules regulating the pay, leave and pension of persons in the service of the State Gover nment a nd Rules regulating t he number, gra dings or cadre and emoluments of posts under the Sta te and also be responsible for seeing that these R ules ar e properly applied; (2) The Department shall advise on the financial aspects off all tr ansactions relating to such loans granted by the State; (2) The Department shall be responsible for proper utilization and safety of Provident Fund deposits of Government servants and shall frame Rules r elating to giving of advances out of provident Ex-99/20158 Fund, the recovery of such advances and a dvising Departments generally on such matters; it being understood that it is the duty of the Government serva nt himself t o get the annual verification and reconciliation of his or her own Provident Fund account from the Director (Account and Treasuries) who is responsible for maintaining the accounts. The Finance Depa rtment s hall also lay down Rules relating to advances made to Government s ervants for purchase or constr uction of houses and purcha ses of conveya nce; (3) The Department shall examine and r eport on all p roposals for the increase or r eduction of taxation; (4) The Department shall examine and report on all proposals for borrowing by the State shall raise such loans as have been duly authorised and shall be in-charge of all matters relating to the service of loa ns and the discharge of any finance guarantees; (5) The Department sha ll be r esponsible for laying down appropria te fina nce rules for guidance of other Department who are r esponsible for proper maintenance of accounts by themselves and by t he establishments subordinate to them. Finance Depar tment may take such action as may be appropriate to enforce such accountability Such financial rules shall be placed before the Cabinet for approval. 33.The Finance Department sha ll prepare an estimate of the total receipts and disbursements of the State in each year and shall be responsible during the year for watching the State of the State Government’s balances and for their Ways and Means and operations; 34.In connection with the budget and with Supplementary estimates:- (a ) The Finance Department sha ll prep are a s tatement of est imated revenue and exp enditur e to be laid before the Legisla ture in each year and a ny supplementar y estimates or demands for excess grants which may be submitted to the vote of the Legislature or, as the case may be, la id befor e the L egisla t ure; (b) For the purpose of such preparation it sha ll obta in from the Departments concerned material on which to base it s estimates, and it shall be r esponsible for the cor rectness of the estimates, framed on the material to supplied; and (c ) The Fina nce Department shall examine and advise on all schemes of new expenditure for which it is proposed to make provision in the est imates, and sha ll decline to provide in estimates for any scheme which has not been so examined; 35.On t he receipt of a report from an Audit Officer that expenditure is being incurred for which there is no sufficient, it shall required the Department concerned to obtained sanction or not to incur fur ther exp enditu re. 36.On t he receipt of a report that a financial rule has been contravened or a financia l irregularity has been commit ted, it shall t ake steps to enforce t he rule or to stop or rectify the ir regular ity; 37.It shall la y before the Committee on Public Accounts the repor t of the Audit or Gener al of India relating to the appropriation accounts of the State and shall bring t o the notice of the Committee all expenditure which has not been duly author ised and any financial irregularities; andEx-99/2015 9 38.It shall advise the Department responsible for the collection of revenue regarding the progress of collection and the methods of collection employed. 39.Wher e a fina ncial proposal has been made by a Minister a nd the same is not appr oved by the Finance Department, the same shall be put up before the Chief Minister for appropriate orders. 40.(1) After the Governor has given his assent to the Appropr iation specifying (a) the gra nts made by the Legisla tive Assembly, (b) the sum required to meet the expenditure, if a ny, cha rged on the revenue of the Sta te, the Finance Department shall have the powers to sanction or to authorise sanction any re-appropriation within a gr ant from one ma jor, minor or subordinate head to another. (2) Copies of a ll orders sanct ioning any re-a ppropriation which does not r equire the sanction of the Fina nce Department shall be communicated to tha t Depar tment a s soon as such orders are passed. 41.The Finance Department sha ll be consulted upon all proposals to sanction the relaxa tion of any fina ncial rule and also before final orders are passed in such case of serious fina ncial irregular ity: Provided that where expenditure is incurred on a decision taken by the Cabinet or the Chief Minister, such financial rules sha ll be deemed to have been appropriately relaxed. 42.Wher e a matter has been referred to be taken up by the Cabinet meeting, the Finance Department shall forward its financial memorandum as described in Rule 17. 43.(1) The Finance Minister in consultation with the Minister of another Depa rtment may call for papers of the other Department. (2) In case of any difference of opinion, the Finance Minister or the concerned Minister may requ est tha t the p apers b e pla ced befor e the C hief Minister for or ders. 44.The Finance Department may make Rules to govern the financial procedure in general in all Depa rtments and to regulate the business of the F inance Department. The said Rules sha ll be placed before the Cabinet for approval. ii. General Administration Department 45.(1)The General Administration shall be responsible for Tr ansaction and Allocation of Business in various Departments under the Government of Mizoram. (2) General Administra tion Department shall be responsible for the over all administra tion of the State and maintenance of discipline in Government offices. Laying down guidelines and fixing entitlements/purcha se in respect of Government Vehicles, office space, r ent, accommodation, office equipments, furniture, etc shall be done by the Department. (3) Creation of new Dis tricts, Sub-Divisions and the genera l administration of Districts as well as Govt. Offices and Mizoram Houses outside the Sta te shall be the purview of General Administration Department. (4) Ceremonial functions, holidays, elections, census, vis its of VIPs & VVIPs shall be dealt under the supervision of the General Administration Department. Ex-99/201510 iii. Home Department 46. (1) Home Department sha ll be r esponsible for maintaining Law and Or der,arrangement of security and the general Defense in the State. (2) All matter relating to foreigners, international & interstate border, inner line regulation, explosives, and general matter r elating to Scheduled Castes/Scheduled Tribes/Minority Community shall be under the purview of the Department. iv. Law & Judicial Department 47.The functions of the Law Department shall b e to a)aid and advise the Government and other Departments on all legal matters; b)cons ider the proposals for legislation for the consideration of the Government; c)draft legislations for giving effect to the decisions of the Government; d)prosecute all litigation for and on behalf of the state Government; e)make proposals for legal r eforms to the Government; f)bring out in published(printed) form, all Acts, rules, notifications and update them from time to t ime; g)formulate schemes for giving lega l aid to weaker sections of the society. 48.Proposals to initiate legislation shall be treated as a case and the Law Department shall advise the government as – (i) the feasibility of the pr oposed Legisla tion fr om a legal point of view; (ii) comp etence of the State L egisla t ure to ena ct the measure pr oposed; and (iii) the requirements of the Constitution as to obtaining the previous sanction of the President thereto; and (iv) he consistency of the proposed measure with the provisions of the Constitution, and in particular those relating to the Fundamental Right. 49.If the legislation is decided upon by the Minister-in-charge, the Department will, if the legisla tion involves expenditure from the Consolidated Fund of the State, prepare in consultation with the Finance Department, a financial memorandum. The papers shall then be sent to the Law Department requesting it to draft the Bill accordingly. 50.The Law Dep artment sha ll t her eaft er prepa re a Dr aft Bill and return the ca se wher e necessary, to the Dep art ment concer ned. 51.If the draft Bill is appr oved by the Minister-in-charge it shall be bought before the meeting of the Cabinet wit h the pr ior approval of the Chief Minister. The Cabinet ma y approve the Bill with or without amendments.Ex-99/2015 11 52.If t he Bill is approved with amendments it sha ll be s ent to the Law Department to finalise the Bill after incor porating the amendments. 53.The Law Department shall then send the Bill to the department concerned indicating at the same time the sa nctions, if any, required for the Bill. If any provisions in the Bill involving expenditure from the Consolidated F und of the State are modified in the finalized dra ft, the Department sha ll send the fina lized draft Bill to Finance Department for r evising, if necessary, the financial memorandum. 54.The Bill thus finalized will be sent to the Legislative Assembly by the Depar tment concerned for introduction in the Legislature with intimation to the Law Department. The Law Department will obta in the previous sanction of the President wherever necessary under the Law. The La w Department will obtain the recommendation of the Governor in cases where such recommendation is necessary. 55.Notwithstanding anything contained in Rule 40, measures designed to modify a nd consolidate existing enactments and Legislation of a forma l char acter, such a s repea ling and amending Bills ma y be initiated in the Law Department: Provided that the Law Department shall send a copy of the dra ft Bill to the Department which is concer ned with the subject matter for cons ider ation as an administrative measure. The Depa rtment to which it is sent forthwith make such enquiries as it thinks fit and shall sent to Law Depa rtment for its opinion thereon. 56.(1) Whenever a private member of the State Legisla ture gives not ice of his int ention to move for leave to introduce a Bill, he shall give notice of his intention to the Secretary of the Legisla tive Assembly a nd shall together with the notice, submit a cop y of the Bill and sta tements of objects and reasons. (2) The Secreta ry of t he Legislative Assembly shall then send a copy of the Bill and the statement of objects and reasons to the Minister for Parliamentar y Affairs and the Law department. 57.The Bill shall then be deal with as a case by the Law Department in the first instance, where it shall be considered in its technical aspect, such as need for previous sanction of the President and the competency of the S tate legislatur e to ena ct the measure and then be forwarded with its opinion to the department to which the case belongs. 58.The Department concerned shall then examine weather any provisions of such Bill involve expenditure from the Consolidated Fund of the State and if so, they shall prepare, in consultation with the Finance depa rtment, the financial Memorandum in respect of the Bill. 59.The department concerned shall then pla ce the matter before the Cabinet for necessary orders. 60.The Law Depa rtment sha ll t her eafter take necessar y steps as prescribed in r esp ect of a Government Bill. 61. The provisions of Rule sha ll apply, as far as ma y be, to amendments of substance recommended by the Select Committee and a lso to all amendments, notice of which is given by Member of the State Legislature for being moved during the consideration of a Bill in that Legislature. 62.(a)When a Bill has been passed by the Legislature, the Law Department sha ll then present the Bill to the governor either for his assent or for reservation for assent of the President wher ever neces sary. Ex-99/201512 (b) Where the Governor directs that the Bill should be reserved for the consideration of the President or returns to the Legislature with a message, the Law Department shall place the matter before the Council of Ministers a s per the procedure pr escribed under Rule 18 with its opinion. (c ) After obtaining the assent of the Governor or the President a s the case may be, the Law Depa rtment shall ta ke steps for publication of the Bill in the Officia l Gazette as an Act of the Legislature. 63. Wherever it is proposed in any Department other than the Law Department:- (a ) to issue a statutory rule, notification or or der; Or (b) to submit to the Central Government any statutor y rule, notification or order for issue by t hem, the draft shall be referred to the Law Department for opinion and for revision, where necessary. 64.The Law depa rtment shall b e consulted by all Administrative Department on:- the construction of statutes, act s, regulations and statutory rules, orders and notifications; any general legal principles arising ou t of any case; and (c ) the institution or withdrawal of any suit, prosecution or legal proceedings; (d) all correspondence to high Court or Supreme Court in any matter; and (e) matter relating to State Judicial Service. Every such reference shall be accompanied by an accurate statement of facts of the case and the points on which the advice of the Law Department is desired. v. Department of Personnel & Administrative Reforms 65.(1) The Personnel and Administrative Reforms Department sha ll be r esponsible for seeing that the rules a nd principles relating to services in gener al are properly followed; (2) The Personnel and Administrative Reforms Department shall be consulted for advise by other Depa rtments in matters relating to framing of service rules a nd general principles relating to services. (3) The approval of the Chief Minister shall be obtained by all Departments in the following matters:- (i) Relaxation of any service r ule; (ii) Relaxation on any general service condition; and (iii) Creation of any ga zetted post or payment of additiona l remuneration to any gazetted officer. vi. Planning & Programme Implementation Department 66.The Planning Department shall be resp onsible for working out a str ategy of development which maximizes the national pr oduct through time, laying down the guideline for the Department regar ding the drawing up of departmental programmes and schemes and working an economic, administra tive and organisational appraisal of t he Plans and Programmes of va rious Departments.Ex-99/2015 13 67.The Planning Department shall be consulted for advice by other Departments in matters relating to Plan formulation and the general princip les relating to Planning: Provided that it shall be open to the P lanning Department to prescribe, by general or special order, cases in which such consulta tion with it ma y not be necessary. vii. Political & Cabinet Department 68.All Cabinet meetings, agenda thereof, and the disposal of decisions by the Council of Ministers to all concerned Departments shall be dealt with by the Department. Observance of State mourning according to the State Protocol Ma nual and obitua ry shall be initiated in the Department whenever such a fateful circu mstance may demand. viii. Vigilance Department 69.Vigilance Department shall be responsible for prevention of corruption in the Government offices as well as all vigilance works. 70.Vigilance Department shall also function as advisory body for criminal as well as departmental proceedings against officers and reference of cases to the CBI as a nd when necessary. PART - V Supp lement ary 71. The Secretary of the Department concerned is, in ea ch case, responsible for the proper transaction of business and the careful observance of these Rules and when he consider s that there has been any material departure from them, he shall personally bring the matter t o the notice of the Minister-in- charge. 72.Notwithstanding anything contained herein, the Council of Minister or the Chief Minister may r elax these Rules in the interest of public and smooth functioning of the affairs of the State. 73.The matters in regard to which these Rules are silent or adequate provision has not been made, the Secretary in the Department shall obtain appropriate directions from the Chief Minister or the Minister concerned. 74.The Government of Mizoram (Transa ction of Business) Rules, 1987 and amendments thereafter, are hereby r epealed. Notwithstanding such repeal, anything done or a ny action shall be deemed to have been done or taken under the corr esponding provision of these Rules. Ex-99/201514 FIRST SCHEDULE [See Rule 3] List of Departments 1.Agriculture Department. 2.Animal Husba ndry &Veterinary Department. 3.Art & Culture Department. 4.Co-operation Department. 5.Disa ster Management & Reha b ilitation Depart ment 6.District Council Affairs Department. 7.Envir onment & Forests Department. 8.Excise & Narcotics Department. 9.Fina nce Dep art ment. 10. Fisheries Department. 11. Food, Civil Supplies & Consumers’ Affairs Department. 12. General Administr ation Department. 13. Health & Family Welfare Department. 14. Higher & Technical Education Department 15. Home Depa rtment . 16. Horticulture Department. 17. Indu stries department. 18. Information & Communication Technology Department 19. Information & Public Relation Department. 20. Labour, Employment & Industrial Training Department]. 21. Land Revenu e & Sett lement Department. 22. Law & Judicia l Department. 23. Loca l Administration Department. 24. Minor Irrigation Department 25. Parliamentary Affairs Department. 26. Personnel & Adminis trative Reforms Department. 27. Planning & P rogramme Implementation Department. 28. Political & Cabinet Department. 29. Power & Electricity Department. 30. Print ing & Stationery Department. 31. Public Health Engineering Department. 32. Public Works Department. 33. Rura l Development Department. 34. School Education Department. 35. Secretariat Administration Department. 36. Sericulture department. 37. Socia l Welfar e Department. 38. Soil & Water Conservation Department. 39. Sport & Youth Services Department 40. Taxa tion Department. 41. Tourism Department. 42. Tr ade & Commerce Department. 43. Transport Department. 44. Urba n Development & Poverty Alleviation Department. 45. Vigilance Department.Ex-99/2015 15 SECOND SCHEDULE [See Rule 7, 14, 15, 16, 17 & 18] 1.Proposals for the appointment or removal of the Advocate General, or for determining or var ying the remunera tion payable to him. 2.Proposal to summon, prorogue or dissolve the Legisla ture of the State. 3.Proposal for the fr aming of Rules regulating the recruitment and conditions of their service and amendment thereon, except minor amendment which shall be decided by the Chief Minister, in respect of (a)Persons appointed to the Secretariat Staff of the Assembly (Article 187 (3); (b)Officers and Servants of the High Court under Ar ticle 229, proviso to clause (1) and (2); (c)Person appointed to the organized Civil Service/Public Service and Posts in connection with the State (proviso to Article 309). 4.Decision on questions arising as to weather the Member of a House of the Legislature of the State has become subject to any disqualification under Article 191 and a ny proposa ls to refer such questions for the opinion of the Election C ommission, any proposa l to recover or to waive recovery of the penalty due under Article 193. 5.The Annual Financia l Statements to be laid before the Legislature. 6.Proposals for making or a mending Rules under Article 234. 7.Proposals for the issue of a Notification under Article 237. 8.Any proposa l involving any action for the dismissal, r emoval or suspension of a member of the Public Service Commission, and any such other Commissions constituted by the State. 9.Proposals for making or amending Regulations under Article 318 or under the pr oviso to clause (3) of Article 32. 10. Report of the Public Service Commission on its work [Ar ticle 323 (2)] and any action proposed to be t aken wit h r eference ther eto. 11. Proposals for Legislation including the issue of Ordinance under Article 213 of the Constitution. 12. proposals for the imposit ion of a new Tax or a ny change in the method of a ssessment or the pitch of any existing Tax or Land Revenues of the State or for giving of a Guar antee by the Government of the State. 13. Proposals involving the a lienation either temporary or perma nent, or of Sa le, Gra nt or Lease of any moveable or immova ble or the abandonment or reduction of Revenues except when such alienation, Sale, Grant or Lease of Government property is in accordance with the Rules or with a General Scheme specifically approved by t he Cabinet. Ex-99/201516 14.Proposals involving any Major Policy or Pract ice. 15.Proposals to vary or reverse a decision previously taken by the Cabinet. 16.Proposals involving any important alteration in the Conditions of Services of the members of any All India Service. 17.Reports of a Commit tee or Commissions of Inquiry appoint ed by the Government on its own initia tive or in pursuance of a resolution passed by the State Legislature. 18.Proposals to act ot herwise than in accor dance with the advice of the Public Service Commission. 19.Proposals which adversely affect the operation of the policy la id down by the Central Government. 20.Cases required by the Chief Minister to be br ought before the Cabinet. By Order and in t he name of the Governor, Lalrinliana Fanai, Commissioner & Secr etary to the Government of Mizoram, General Administr ation Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.Ex-99/2015 17

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Wednesday 4.3.2015 Phalguna 13, S.E. 1936, Issue No. 100 NOTIFICATIONNo.B.13017/2/89-L&E, the 24th February, 2015.The Governor of Mizor am is pleased to notify the Mizoram Maternity Benefit Rules, 2014. By order etc. Rodney L. Ralte, Principal Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Training Department. THE MIZORAM MATERNITY BENEFIT RULES, 2014. In exercise of the powers conferred by Section 28 of the Maternity Benefit Act, 1961 the Governor of Mizoram is pleased to make the following rules, namely :- 1 . Short title, extent and commencement :- (1) These rules may be called the Mizor am Maternity Benefit Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette of Mizoram. (3) They shall extend to the whole of the State of Mizoram. (4) These Rules shall be applicable to all establishments mentioned under the Maternity Benefit Act, 1961. 2.Definitions :- In these rules, unless the context otherwise requires (Centre Act No 53 of 1961) (a) The “Act” means the Maternity Benefit Act, 1961. (b) “Competent authority” means the Labour Commissioner, Government of Mizoram. (c ) “Form” means a form appended to these rules. (d) “Medical Officer” means a doctor possessing an MBBS Degree a pproved by the Medical Council of India. ( e) “Muster roll” means a register of attendance maintained under Rule 3. (f) “Section” means a section of the Act. (g) All other words and expressions used hereinafter but not defined herein shall have the same meaning as respectively assigned to in the Act. 3. Muster - Roll :- (1) The employer of every establishment to which the Act applies in which women are employed shall prepare and maintain a Muster-Roll in Form “A” and shall enter therein particulars of all women workers. (2) All entries in the muster-roll shall be made in ink and maintained upto-date and it shall always be available for Inspection by the Inspector during working hours. (3) The employers may enter in the muster-roll such other particulars as may be required for any other purpose of the Act. 4 . Proof :- (1) The fact that a woman is pregnant or has delivered a child or has undergone miscarriage or medical termination of pregnancy or tubectomy operation or is suffering from illness, arising out of pregnancy, delivery, pre-mature birth of child or miscarriage or medical termination of preg- nancy or tubectomy operation shall be proved by the production of a certificate to that effect :- (a ) From a MEDICAL Officer of a Government hospital or a dispensary or Primary Health Centre. (b) From a Medical Officer of private hospital recognized by Government of Mizoram. The certificate shall be in Form “B” (2) The fact that a woman has been confined may also be proved by the production of certificated extract from birth register maintained under the provision of any law for the time being in force or certifica te signed by registered midwife or a r egular Health Wor ker of a Local Health Centre. Ex-100/20152 (3) The fact that a woman has undergone miscarriage may also be proved by the production of certificate signed by a registered midwife or a r egular Health Worker of a Loca l Hea lth Centre. (4) The fact of death of a woman or a child may be proved by the production of a certificate to that effect in Form “C” from any of the authorities referred to in sub rule (1) or by the production of certified extract from a death register maintained under the provision of any law for the time being in force. (5) The certificate from a registered Midwife or Health Worker shall be in Form “D” 5 . Payment of Maternity and other benefits :- 1)A woman employed in an establishment to which the Act applies and entitled to a maternity benefit shall give notice to her employer in Form “E” and the employer shall make payment of the maternity benefit and any other amount due under the Act to the woman concerned, or, in case of her death receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of Section 5, to the person nominated by the woman in her notice in Form “E” and in case there is no such nominee to her legal r epresentative. 2)In case of doubt the maternity benefit or other amount due to a woman employed in establish- ments to which the Act applies shall be deposited by the employer, within two months of the date of the woman concerned with the Competent Authority, who shall, after making necessary enquiries, pay it to the person who, in his opinion is entitled to receive it. 3)Whenever the payment referred to sub-rule (1) is made, a receipt shall be obtained by the employer in Form “F” from the person to whom the payment is made. In case falling under sub- rule (2), a receipt shall be given to the employer by the competent authority. 4)The medical bonus shall be paid along with the second installment of the maternity benefit. 5)The Maternity benefit or any other amount payable under Section 7 shall be paid within two months of the date of death of the woman entitled to receive such benefit or amount. 6)The wages payable under Section 9 shall be paid to the woman entitled to receive such wages within forty-eitht hours of production by her of the certificate in Form ‘B’ or Form ‘D’. 7)The wages payable under Section 9-A of the Act shall be paid to woman entitled to receive such wages within forty-eight hours of the expiry of the period of leave referred to in that section. 8)The wages payable under Section 10 shall be paid to the woman entitled to receive such wages within forty-eight hours of the expiry of the period of leave referred to in that section. 6. Break for Nursing Child :- Each of the two breaks mentioned is Section 11 shall be of 15 minutes duration. An extra sufficient period, depending upon the distance to be covered shall be allowed for the purpose of journey to and from the creche or the place where the children are left by woman while on duty,Ex-100/2015 3 provided that such extra period shall not be less than 5 minutes and more than 15 minutes duration. If any disputes arises regarding such extra period, the matter shall be referred to the Competent Authority for decision. 7 . Duties and Powers of the Competent Authority and Inspectors :- (1) The Competent Authority shall be responsible for the administration of these rules throughout the territories to which they extend. (2) Every Inspector shall discharge his duties within the area assigned to him by the State Govern- ment and shall Act under the supervision and control of the Competent Authority. (3) Every Inspector shall at each inspection of an establishment, see :- (a ) Whether due action has been taken on every notice given under Section 6. (b) Whether the Muster roll prescribed under Rule 3 is corrently maintained. (c ) Whether there have been any cases of discharge or dismissal or notices of discharge or dismissal in contravention of the provision of Section 12 since the last Inspection. (d) Whether the provision of sub-section (1) of Section 4, Sub-Sections (5) and (6) of Sec- tion 5, Sections 8, 9, (9-A), 10, 11, 13 and 19 have been complied with and whether amounts due have been paid within the prescribed time. ( e) Whether there have been any cases of deprival of maternity benefit or medical bonus in contravention of sub-section (2) of Section 12, and (f) How far the irregularities pointed out at previous inspections have been remedied and how far orders previously issued have been complied with. (4) Where an inspector observes irregularities against the Act or these Rules, he shall issue orders in writing to the employer asking the latter to rectify the irregularities within a specified period and to report compliance to the Inspector. 8. Act which constitute gross misconduct :- The following acts shall constitute gross misconduct for the purpose of Section 12 namely :- (a ) Willful destruction of employer ’s goods or properties. (b) Assaulting any superior or co-employee at the place of work. (c ) Criminal offence involving moral turpitude resulting in conviction in a court of law. (d) Theft, fraud, or dishonesty in connection with the employer ’s business or property; and ( e) Willful non-observation of safety measures or rules on the subject or willful interference with safety devices or with fire-fighting equipment. Ex-100/20154 9. Appeal under Section 12 :- (1) An appeal under clause (b) of sub-section (2) of Section 12 shall be preferred to the Competent Authority in Form ‘G’. (2) The appeal may be made in writing and either handed over personally or sent under a regis- tered cover to the Competent Authority. (3) When an appeal is received, the Competent Authority shall furnish a copy of the memorandum of appeal to the employer, call for his reply thereto and also ask him to produce documents connected with the issue of the appeal by a fixed date. The Competent Authority may ascertain further details, if necessary, from the employer as well as from the woman. In considering the fact presented to him and ascertained by him the Competent Authority shall give his decision. In case the employer fails to submit his reply or produce the required document within the specified period, the Competent Authority may give his decision ex-parte. 10. Complaint under Section 17 :- (1) A complaint under sub-section (1) of Section 17 shall be made in writing in Form ‘H’ or ‘I’ as the case may be. (2) When a complaint referred to in Section 17 is received by an Inspector, he shall examine the relevant records maintained by the employer in this behalf, examine any person employed in the establishment and take down necessa ry sta tement for the purpose of enqu iry and if he is satisfied that the maternity benefit or the amount has been improperly withheld, he shall direct the employer to make the payment to the woman or to the person claiming the payment under Section 7, as the case may be, immediately or within a specified period. 11. Appeal under Section 17 :- (1) An appeal against the decision of the Inspector under sub-section (2) of Section 17, shall lie to the Competent Authority. (2) The aggrieved person shall prefer an appeal in writing to the Competent Authority in Form ‘J’ and file other supporting documents. (3) When an appeal is received the Competent Authority shall before a fixed date, call from the Inspector the record of the case. The Competent Authority shall, if necessary, also record the stetement of the aggrieved person, and of the Inspector and seek clarification, if any, is re- quired. (4) Taking into account the documents, the evidence produced before him and the facts presented to him and ascertained by him, the Competent Authority shall give his decision. 12 . Supply of forms :- The employer shall supply to every woman employed by him at her request free of cost copies of Forms ‘B’ ‘C’ ‘D’ ‘E’ ‘F’ ‘G’ ‘H’ and ‘I’Ex-100/2015 5 1 3 . Non-submission of notice, appeals, or Complaints in the prescribed forms :- Nothing in Rules 5, 9 and 10 shall affect the right of a woman entitled to receive maternity benefit or any other amount due under the Act if she fails to submit a notice, appeal or complaint under the said rules as the case may be, in a prescribed form :- Provided that where a notice, appeal or complaint under the said rule has been submitted by a woman entitled to receive maternity benefit or any other amount due under the Act in a form other than the prescribed form, the authority concerned may, within 15 days of the receipt of such notice appeal or complaint require the woman to submit the notice appeal or complaint as the case may be, in prescribed form. 14 . Records :-Records kept under the provisions of the Act and these Rules shall be preserved for a period of two years from the date of their preparation. 15 . Abstract :-The abstract of the provisions of the Act and these Rules required to be exhibited under Section 19 shall be in form ‘K’ and shall be exhibited in such manner as the Competent authority may r equir e. 1 6 . Annual returns :- (1) The employer of every establishment to which the Act applies shall on or before the 21st day of January in each submit to the Competent Authority a return in each of the Form ‘L’ ‘M’ ‘N’ and ‘O’ giving information as to the particular specified in respect of the preceding year. (2) If the employer of an establishment to which the act applies sells, abandons or discontinues the working of the establishments he shall within one month of the date of sale or abandonment or four months of the date of discontinuance as the case may be submit to the Competent Author- ity a further return in each of the said form in respect of the period between the end of the preceding year and the date of sale abandonment or discontinuance. Ex-100/20156 FORM - A [See Rule 3] Muster - roll Name of establishment- 1.Serial number : 2.Name of woman and her father ’s(or if married, husband’s) name : 3.Date of appointment : 4.Nature of work : 5.Dates with month and year in which she is employed, laid off and not employed : MonthNo. of daysNo. of days laidNo. of days notRemarks employedoffemployed 6.Date on which the woman gives notice under Section 6. 7.Date of discharge/dismissal, if any. 8.Date of production of proof of pregnancy under Section 6. 9.Date of birth of child. 10. Date of production of proof of delivery/miscarriage /[Medical Termination of Pregnancy/Tubec- tomy Operation/death]. 11. Date of production of proof of illness referred to in Section 10. 12. Date with the amount of maternity benefit paid in advance of expected delivery. 13. Date with the amount of subsequent payment of maternity benefit. 14. Date with the amount of bonus, if paid, under Section 8. 15. Date with the amount of wages paid on account of leave under Section 9. [15-A] Date with the amount of wages paid on account of leave under Section 9-A.] 16. Date with the amount of wages paid on account of leave under Section 10 and period of the leave granted. 17. Name of the person nominated by the woman under Section 6. 18. If the woman dies, the date of her death, the name of the person to whom maternity benefit and/or other amount was paid, the amount thereof and the date of payment. 19. If the woman dies a nd the child sur vives the name of the person to whom the amount of maternity benefit of the child and the period for which it was paid. 20. Signature of the employer of the establishment authenticating the entries in the muster-roll. 21. Remarks column for the use of the Inspector.Ex-100/2015 7 FORM - B [See Rule 4(1)] This is to certify that I examined................................................................................................... Wife/daughter ....................................................................................................... a woman employee in..................................................................... (name of [establishment]) on ........................................ and found/cannot discover that she is pregnant and is expected to be delivered of a child within (month and/ days) from the above-mentioned date/has undergone miscarriage or medical termination of pregnancy or tubectomy operation has been delivered of a child on............................................... (date) or suffering from.............................. (date) from illness arising out of pregnancy/delivered/premature birth of child or miscarriage termination of pregnancy or tubectomy operation. Signature, qualification & designation of Medical Officer. Date .............................. Definitions of “Child” and “miscarriage” as in the Maternity Benefit Act, 1961. 1.“Child” includes a stillborn child. 2.“Miscarriage” means explain of the contents of a pregnancy uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punish- able under the Indian Penal Code. FORM -C [See Rule 4(4)] This is to certify that Smt ............................................................................................................ wife/daughter of ............................................................................................................... Employed in ............................................................................................................................................................. (name of the establishment) expired on................................................................................................... before/during/after confinement. The child died on.................................................................................. /Survives her. Signature, qualification and designation of Medical Officer Date ................................ Ex-100/20158 FORM - D [See Rule 4(5)] This is to certify that I examined............................................................................................................. Wife/daughter of .................................................................................................................... a woman employed in............................................................................................................................... (name of the establis hment) and found that she has been delivered of a child/has undergone miscarriage on................................................... (date) Signature of registered Midwife/ Health Worker Date................................ Definitions of “Child” and “miscarriage” as in the Maternity Benefit Act, 1961. 1.“Child” includes a stillborn child. 2.“Miscarriage” means explain of the contents of a pregnancy uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punish- able under the Indian Penal Code. FORM - E [See Rule 5(1)] Notice under Section 6 of the Maternity Benefit Act, 1961 ............................................................................................................ (name of [Establishment]) 1. ............................................................................................................................. (name of woman) wife/daughter or........................................................................................... employed as..................................................................... at ................................................................ (name of mine), hereby give notice that I expect to be confined within six weeks next following from the date of this notice/have given birth to a child on (date) and shall be absent from work from......................................... (date), I shall not work in any establishment during the period for which I receive maternity benefit. 2.For the purpose of section 7. I hereby nominate.................................................................. (here enter name and address of the nominee) to receive maternity benefit and/or any other amount due to me under the Act in case of my death. Signature or thumb-impression of woman. Signature of an Attestor in case The woman is not able to sign And affixed thumb-impression Date.............................................Ex-100/2015 9 FORM - F [See Rule 5 (3)] To ............................................................................................................ (name of establishment) I .................................................................................................................. the undersigned, a woman employee/the nominee of ................................................................................... woman employee/legal representative of.............................................................................................. in ................................ District received maternity benefit and/or other amount due under the Maternity Benefit Act, 1961 from the employer of 67 referred to above as detained below :- Rs......................................... being the first installment of maternity benefit paid on......................................................................................................................................................... Rs................................. being the second installment of maternity benefit after delivery paid on................................................. Rs.............................being the medical bonus under Section 8 of the Act paid on..................................... Rs.............................being the wages for leave period from......................... to...................................... mentioned under Section 9[9-A] 68 or 10......................................My/Her confinement/miscarriage. [medical termination or pregnancy of tubectomy operation] took place on........................................................... In consequence I ...................................................................... her nominee/legal representative have re- ceived the aforesaid amounts prescribed in Section 5,8,9[9-A]/70 and 10 of the Maternity Benefit Act, 1961. Signature or thumb-impression of ................................................. Woman employer or her nominee or legal r epresentative. Signature of an attestor in case the Woman is not able to sign and affixes thimb-impression. Date......................... *Strike out unnecessary portion. Ex-100/201510 FORM - G [See Rule 9] To The Competent Authority, Appointment under the Maternity Benefit Act, 1996] ............................................................ (Address) Sir, I,.......................................................................................................................................... the undersigned. Woman employer of.......................................................................................................... (name of establishment and full address), having been wrongly deprive by the employer of maternity benefit or medical bonus or both(strike out unnecessary portion) for the reasons attached hereto, prefer this appeal under sub-section(2) of Section 12. A copy of the order of the employer in this is enclosed. Signature of an AttestorSignature or thumb impression of the woman in case the woman is not able to sign and affixes thumb-impression Date................................ Full address of the nominee/ Legal r epresentative. FORM - H [See Rule 10] To The Inspector, (Under the Maternity Benefit Act, 1961) Sir, I............................................................................................................................................. (name of woman employed in................................................................................................................ (name and full address of [establishment] having fulfilled the conditions laid down in the maternity Benefit Act, 1961 and the Rules thereunder an entitled to Rs................................ being maternity benefit and/or Rs................. the medical bonus and or Rs............................ being wages for leave due under Section 9 [or 9-A] or 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me. Signature or thumb impression of the woman Woman is unable to sign and affixes thumb-Impression Full address of the womanEx-100/2015 11 FORM - I [See Rule 10] To The Inspector, (Under the Maternity Benefit Act, 1961) I............................................................................................................................................. (name), a person nominated under Section 6 by or a legal representative of.............................................. ......................................... (name of woman) employed in..................................................................... (name and full address of mine) have to complain that the said woman having fulfilled the conditions laid down into the Maternity Benefit Act, 1961 and the Rules thereunder is entitled to Rs................................. being maternity benefit and/or Rs.................................................... being wages for leave due under Sec- tion 9 (or 9-A) or but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me. Signature or thumb-impression of The nominee/legal r epresentative. Date................................ Signature of Attestor in case the Nominee/legal representative is una ble To sign and affixes thumb-impression Date...................................... Full address of the nominee/legal representative FORM - J [See Rule 11] To .............................................................................................................................................. Sir, Shri......................................................................................................................................... Inspector, having directed under sub-section (2) of Section 17 to pay the maternity benefit or other amount being............................................................ (nature of amount) to which............................................... (name of woman) is said to be entitled, I prefer this appeal under sub-section (3) of Section 17, in view of the fact mentioned in the memorandum attached hereto and other documents filed herewith it is submitted that the woman is not entitled to maternity benefit or the said amount and hence the decision of the Inspector in this behalf, copy of which is enclosed, may be set aside. Signature of aggrieved person Full Address................................. ................................................... ................................................... ................................................... Date........................................Ex-100/201512 FORM - K [See Rule 15] (Abstract of the Maternity Benefit Act, 1961, and the rules made thereunder) 1.No employer shall knowingly employ a woman during the six weeks immediately following the day of her delivery or miscarriage [medical termination of pregnancy] and no woman shall work in any establishment during the said period. 2.No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period of one month immediately the period of six weeks before the date of her expected delivery and also for any period during this period of six weeks for which she’does not avail of leave of absence, any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. 3.(1) Subject to the provision of the Act, every woman who has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eight days, including the days during which she was laid off, shall be entitled to, and her employer shall be liable for the payment of maternity benefit at the rate of her average daily wages, or whichever is the highest, for the period of her actual absence not exceeding six weeks immediately six weeks preceding the day of delivery and the remaining period immediately following that days. Provided that the qualifying period of eight days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the immigration: Provided further that where a woman dies during the period for which maternity benefit is payable only for the days up to and including the day of her death. However, where the woman having been delivered of a child, dies during her delivery or during the remaining period of maternity benefit leaving behind in either case the child, either period of maternity benefit following the day of her delivery but if the child also dies during the said period, then for the days up to and including the day of the death of the child. ( 2) T he am o u nt of m at e r ni t y b e ne f it f or th e pe r i od pr e c ed i ng t he d at e o f he r e x p ec t e d d el i v er y shall be paid in advance by the employer to the woman on production of a certificate in Form ‘B’ stating that she is pregnant and is expected to be delivered of a child within six weeks of the date of production of the certificate and the amount due for the subsequent the certificate in Form ‘B’ or Form ‘D’ stating that she has been delivered of a child or production of certified extract from a Birth Register maintained under provisions of any law for the time being in force. 4.(1)Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in Form ‘E’ to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as he may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. Ex-100/2015 13 Ex-100/201514 (2) In the case of woman who is pregnant such notice shall state the date from which she will be absent from work not being a date earlier than six weeks from the date of her expected delivery. (3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. (4) on receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of the remaining period of maternity benefit after the day of her delivery. 5.(1) Every woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of two hundred and fifty rupees, if no prenatal confinement and postnatal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit. (2) In case of miscarriage a woman shall, on production of certificate in Form ‘B’ or Form ‘D’ be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage. The wages shall be paid within 48 hours of production of the certificate Form ‘B’ or Form ‘D’. (2-A) In case of medical termination of pregnancy, a woman shall on production of certificate in F o r m ‘ B ’ b e e n t i t l e d t o l e a v e w i t h w a g e s a t t h e r a t e o f m a t e r n i t y b e n e f i t f o r a p e r i o d o f s i x weeks immediately following the day of her Medical termination of pregnancy. The wages shall be paid within 48 hours of production of the certificate in Form ‘B’. (3) A wo ma n su ff er in g fr om i ll ne ss a ri si ng o ut p re gn an cy, de li ve ry, pr em at ur e bi rt h of child or miscarriage termination of pregnancy or tubectomy operation shall, on production of a certificate in Form ‘B’ be entitled, in addition to the period of absence allowed to her on account of maternity or miscarriage or medical termination of pregnancy or tubectomy operation, as the case may be to leave with wages at the rate of maternity benefit for a maximum period of one month. The wages for the leave period shall be paid within 48 hours of the expiry of that period. 6.Every woman delivery of child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of 15 minutes duration for nursing the child until the child attains the age of fifteen months. An extra sufficient period depending upon the distance to be covered, shall be allowed for the purpose of the journey to and from the creche or the place where the children are left by woman while on duty, provided that such extra period shall not be less than 5 minutes and more than 15 minutes duration. 7. (1) When a woman absents herself from work in accordance with her pregnancy of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence or to vary to her disadvantage any of the conditions benefit of her service. Ex-100/2015 15 (2) (a)The discharge or dismissal of a woman at any time during herpregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus shall not have the effort of depriving her of the maternity benefit or medical bonus. Provided that where the dismissal is for one or more of the following acts, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both for- (i) wilful destruction of employer’s goods or property: (ii) assaulting any superior or co-employer at the place of work: (iii) criminal offence involving moral turpitude resulting in convictionin a court of law: (iv) theft, fraud, or dishonestly in connection with the employer ’sbusiness or property: and (v) wilful non-observance of safety measures or rules on the subjector wilful interference w it h sa f et y de vi c es o r w it h f ir e- f ig h ti ngequipment. (b) Any woman deprived of maternity benefit or medical bonus of both, may within sixty days from the date on which the order of such deprivation is communicated to her, appeal in Form ‘G’ to the Competent Authority and his decision on such appeal whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final. 8.If a woman claiming the maternity benefit nor any other amount to which she is entitled under the Act and any person claiming that payment due has been permitted by her employer to absence herself under the provisions of the Act, she shall forfeit her claim to the maternity benefit for such period. 9.(1)Any woman claiming the maternity benefit or any other amount to which she is entitled under the Act any person claiming that payment due has been improperly withheld may make a complaint to the Inspector in writing in Form ‘H’ or ‘I’ as the case may be. (2)The Inspector may, of his own motion or on receipt of a complaint in Form ‘H’ or ‘I’ make an inquiry or cause an enquiry to be made and if satisfied that payment has been wrongly withheld, may direct the paymentto be made in accordance with his order. (3)Any person aggrieved by the decision of the Inspector may, within thirty days from the date on which such decision is communicated to suchperson, appeal to the Chief Inspector of mines. (4)The decision of the Competent Authority where an appeal has been preferred to him or of the Inspector where no such appeal has been preferred shall be final. 10. (a) The employer shall supply to cover woman employed by him at her request free of cost copies of Forms ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘H’, and ‘I’. (b) The failure to submit a notice, appeal or complaint to receive maternity benefit or any other amount due under the Act. Where a notice, appeal or complaint has been received in form other than the prescribed form, the authority concerned shall within fifteen days of the receipt of such notice appeal or complaint, require the woman to submit the notice, appeal or complaint, as the case may be, in the prescribed form. 11. ( a) (1 ) T h e e m pl o y er i n w h ic h w o m en a re e mp l o ye d sh a ll p re p a re a ndmaintain a muster- roll in Form ‘A’ and shall enter therein particulars of all woman workers. ( 2 ) A l l e n t r i e s i n t h e m u st e r- r o l l sh a l l b e m a d e i n i n k a n dmaintained upto date it shall always be available for inspection by the Inspector during working hours. (b) The employer shall on or before the 21 st day of January in each year submit to the Competent Authority a return in each of the Form ‘L’,‘M’, ‘N’ and ‘O’ giving information as to the particulars specified in respect of the preceeding year. Annual return for the year ending on the 31st December, 20..... 1.Name of the Establishment. 2.Situation of the Establishment Distr ict State 3.Date of opening of the Establishment. 4.Date of closing, if closed. 5.Postal address of the establishment. 6.Name of employer. Postal address of managing agent. 7.Name of managing agent, if any. Postal addr ess of representative of employer 8.Name of agent or representative of employer. Postal addr ess of representative of employer 9.Name of Manager Postal address of Manager. 10. (a) Name of medical officer, attached to the establishment. (b ) Qualification of medical officer attached to the establishment. (c) Is he resident at the establishment?. (d) If a part time employee how often does he pay visits establishment?. 11. (a ) Is there any hospital at the esta blishment?. (b ) If so, how many beds are pr ovided for women employess? ( c ) Is there lady doctor? (d) If so, what are her qualification? ( e ) Is there a qualified midwife? (f ) Has any creche been pr ovided? Signature of employer Date..................... Ex-100/201516 FORM-M [See Rule 16] Employment, dismissal, paymentof bonus, etc. of women for the year ending on 31st December, 20...... 1.Name of the establishment. 2.Aggregate number of women permanently or temporar ily employed during the year. 3.Number of woman who worked for a period of not less than eighty days in the twelve months immediately preceeding the date of delivery. 4.Number of women who gave notice under Section 6. 5.Number of women who were gr anted permission to absent on receipt of notice of confinement. 6.Number of for maternity benefit paid. 7.Number of for maternity benefit rejected. 8.Number of cases where prenatal confinement and postnatal care was provided by the management free of charge (S ection 8) 9.Number of claims for medical bonus paid (S ection 8) 10. Number of claims for medical bonus rejected. 11. Number of cases in which leave for miscarriage/was granted. 12. Number of cases in which leave for miscarriage/was applies for but was rejected. 12-A.Number of cases in which leave for tubectomy operation under Section 9-A was granted. 12-B.Number of cases in which leave for tubectomy operation was applied for but was r ejected. 13. Number of cases in which additional leave for illness under Section 10 was granted. 14. Number of cases in which additional leave for illness under Section 10 was applied for but was rejected 15. Number of women who died. (a)Before delivery. (b)After delivery. 16. Number of cases in which payment was made to persons other the woma n concerned. 17. Number of women discharge of dismissed while working. 18. Number of women deprived of maternity benefit and/or medical bonus under provison to sub- section (2) of Section 12. 19. Number of cases in which payment was made on the order of the Competent Authority or Inspector. 20. Remar ks. N. B:- Full particularsof each and reasonsfor the action taken under Serial Nos. 7, 10, 12, 14, 17 and 18 should begivenin theAppendix beiow:- Signature of employer Date.........................Ex-100/2015 17 FORM- N [See Rule 16] Details of payment made during the year ending 31st December,20........ Name of person to whom paidAmo unt paid1.Date of payment. 2.Woman employee. 3.Nominee of the woman. 4.Legal representative of woman 5.Amount for the period preceeding date of expected delivery 6.Amount for the subsequent period 7.Under S ection 8 of t he Act. 8.Under Section 9 of the Act 8-A. Under Section 9-A of the Act. 9.Under S ection 10 of the Act. 10.Number of women workers who absconded after receiving the first installment of maternity benefit. 11.Cases where claims were contested in court of law. ‘ 12.Results of such cases. 13.Remarks. Signature of employer Date........................ Ex-100/201518 FORM - O [See Rule 16] Prosecuting during the year ending 31st December, 20........... Place ofNumber of casesNumber of casesRemarks employment of theinstitutedwhich resulted in woman employeeconviction N.B. Reasons for prosecution should be given in full. Signature of employer Date....................Ex-100/2015 19 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-200.

N O T I F I C A T I O NNo.A.49011/2/2012-LE&IT, the 24th February, 2015.The Governor of Mizoram is pleased to notify the Mizoram Factories Rules, 2014. By order etc. Rodney L. Ralte, Principal Secret ary to the Govt. of Mizoram, Labour, Employment & Industrial Department. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Wednesday 4.3.2015 Phalguna 13, S.E. 1936, Issue No. 101 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-200.

N O T I F I C A T I O NNo.J.11011/1/06-REV, the 24th Feb, 2015.In exercise of the powers conferred under Section 54 of the Mizoram (Land Revenue) Act, 2013, t he Governor of Mizoram is pleased to suspend collection of Land Revenues and Taxes from Land Lease in respect of all graveyards and places of worship with immediate effect and until further orders. Zothankhuma, Secretary to the Govt.o f Mizoram, Revenue Department. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Wednesday 4.3.2015 Phalguna 13, S.E. 1936, Issue No. 102 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Wednesday 4.3.2015 Phalguna 13, S.E. 1936, Issue No. 100 NOTIFICATIONNo.B.13017/2/89-L&E, the 24th February, 2015.The Governor of Mizor am is pleased to notify the Mizoram Maternity Benefit Rules, 2014. By order etc. Rodney L. Ralte, Principal Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Training Department. THE MIZORAM MATERNITY BENEFIT RULES, 2014. In exercise of the powers conferred by Section 28 of the Maternity Benefit Act, 1961 the Governor of Mizoram is pleased to make the following rules, namely :- 1 . Short title, extent and commencement :- (1) These rules may be called the Mizor am Maternity Benefit Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette of Mizoram. (3) They shall extend to the whole of the State of Mizoram. (4) These Rules shall be applicable to all establishments mentioned under the Maternity Benefit Act, 1961. 2.Definitions :- In these rules, unless the context otherwise requires (Centre Act No 53 of 1961) (a) The “Act” means the Maternity Benefit Act, 1961. (b) “Competent authority” means the Labour Commissioner, Government of Mizoram. (c ) “Form” means a form appended to these rules. (d) “Medical Officer” means a doctor possessing an MBBS Degree a pproved by the Medical Council of India. ( e) “Muster roll” means a register of attendance maintained under Rule 3. (f) “Section” means a section of the Act. (g) All other words and expressions used hereinafter but not defined herein shall have the same meaning as respectively assigned to in the Act. 3. Muster - Roll :- (1) The employer of every establishment to which the Act applies in which women are employed shall prepare and maintain a Muster-Roll in Form “A” and shall enter therein particulars of all women workers. (2) All entries in the muster-roll shall be made in ink and maintained upto-date and it shall always be available for Inspection by the Inspector during working hours. (3) The employers may enter in the muster-roll such other particulars as may be required for any other purpose of the Act. 4 . Proof :- (1) The fact that a woman is pregnant or has delivered a child or has undergone miscarriage or medical termination of pregnancy or tubectomy operation or is suffering from illness, arising out of pregnancy, delivery, pre-mature birth of child or miscarriage or medical termination of preg- nancy or tubectomy operation shall be proved by the production of a certificate to that effect :- (a ) From a MEDICAL Officer of a Government hospital or a dispensary or Primary Health Centre. (b) From a Medical Officer of private hospital recognized by Government of Mizoram. The certificate shall be in Form “B” (2) The fact that a woman has been confined may also be proved by the production of certificated extract from birth register maintained under the provision of any law for the time being in force or certifica te signed by registered midwife or a r egular Health Wor ker of a Local Health Centre. Ex-100/20152 (3) The fact that a woman has undergone miscarriage may also be proved by the production of certificate signed by a registered midwife or a r egular Health Worker of a Loca l Hea lth Centre. (4) The fact of death of a woman or a child may be proved by the production of a certificate to that effect in Form “C” from any of the authorities referred to in sub rule (1) or by the production of certified extract from a death register maintained under the provision of any law for the time being in force. (5) The certificate from a registered Midwife or Health Worker shall be in Form “D” 5 . Payment of Maternity and other benefits :- 1)A woman employed in an establishment to which the Act applies and entitled to a maternity benefit shall give notice to her employer in Form “E” and the employer shall make payment of the maternity benefit and any other amount due under the Act to the woman concerned, or, in case of her death receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of Section 5, to the person nominated by the woman in her notice in Form “E” and in case there is no such nominee to her legal r epresentative. 2)In case of doubt the maternity benefit or other amount due to a woman employed in establish- ments to which the Act applies shall be deposited by the employer, within two months of the date of the woman concerned with the Competent Authority, who shall, after making necessary enquiries, pay it to the person who, in his opinion is entitled to receive it. 3)Whenever the payment referred to sub-rule (1) is made, a receipt shall be obtained by the employer in Form “F” from the person to whom the payment is made. In case falling under sub- rule (2), a receipt shall be given to the employer by the competent authority. 4)The medical bonus shall be paid along with the second installment of the maternity benefit. 5)The Maternity benefit or any other amount payable under Section 7 shall be paid within two months of the date of death of the woman entitled to receive such benefit or amount. 6)The wages payable under Section 9 shall be paid to the woman entitled to receive such wages within forty-eitht hours of production by her of the certificate in Form ‘B’ or Form ‘D’. 7)The wages payable under Section 9-A of the Act shall be paid to woman entitled to receive such wages within forty-eight hours of the expiry of the period of leave referred to in that section. 8)The wages payable under Section 10 shall be paid to the woman entitled to receive such wages within forty-eight hours of the expiry of the period of leave referred to in that section. 6. Break for Nursing Child :- Each of the two breaks mentioned is Section 11 shall be of 15 minutes duration. An extra sufficient period, depending upon the distance to be covered shall be allowed for the purpose of journey to and from the creche or the place where the children are left by woman while on duty,Ex-100/2015 3 provided that such extra period shall not be less than 5 minutes and more than 15 minutes duration. If any disputes arises regarding such extra period, the matter shall be referred to the Competent Authority for decision. 7 . Duties and Powers of the Competent Authority and Inspectors :- (1) The Competent Authority shall be responsible for the administration of these rules throughout the territories to which they extend. (2) Every Inspector shall discharge his duties within the area assigned to him by the State Govern- ment and shall Act under the supervision and control of the Competent Authority. (3) Every Inspector shall at each inspection of an establishment, see :- (a ) Whether due action has been taken on every notice given under Section 6. (b) Whether the Muster roll prescribed under Rule 3 is corrently maintained. (c ) Whether there have been any cases of discharge or dismissal or notices of discharge or dismissal in contravention of the provision of Section 12 since the last Inspection. (d) Whether the provision of sub-section (1) of Section 4, Sub-Sections (5) and (6) of Sec- tion 5, Sections 8, 9, (9-A), 10, 11, 13 and 19 have been complied with and whether amounts due have been paid within the prescribed time. ( e) Whether there have been any cases of deprival of maternity benefit or medical bonus in contravention of sub-section (2) of Section 12, and (f) How far the irregularities pointed out at previous inspections have been remedied and how far orders previously issued have been complied with. (4) Where an inspector observes irregularities against the Act or these Rules, he shall issue orders in writing to the employer asking the latter to rectify the irregularities within a specified period and to report compliance to the Inspector. 8. Act which constitute gross misconduct :- The following acts shall constitute gross misconduct for the purpose of Section 12 namely :- (a ) Willful destruction of employer ’s goods or properties. (b) Assaulting any superior or co-employee at the place of work. (c ) Criminal offence involving moral turpitude resulting in conviction in a court of law. (d) Theft, fraud, or dishonesty in connection with the employer ’s business or property; and ( e) Willful non-observation of safety measures or rules on the subject or willful interference with safety devices or with fire-fighting equipment. Ex-100/20154 9. Appeal under Section 12 :- (1) An appeal under clause (b) of sub-section (2) of Section 12 shall be preferred to the Competent Authority in Form ‘G’. (2) The appeal may be made in writing and either handed over personally or sent under a regis- tered cover to the Competent Authority. (3) When an appeal is received, the Competent Authority shall furnish a copy of the memorandum of appeal to the employer, call for his reply thereto and also ask him to produce documents connected with the issue of the appeal by a fixed date. The Competent Authority may ascertain further details, if necessary, from the employer as well as from the woman. In considering the fact presented to him and ascertained by him the Competent Authority shall give his decision. In case the employer fails to submit his reply or produce the required document within the specified period, the Competent Authority may give his decision ex-parte. 10. Complaint under Section 17 :- (1) A complaint under sub-section (1) of Section 17 shall be made in writing in Form ‘H’ or ‘I’ as the case may be. (2) When a complaint referred to in Section 17 is received by an Inspector, he shall examine the relevant records maintained by the employer in this behalf, examine any person employed in the establishment and take down necessa ry sta tement for the purpose of enqu iry and if he is satisfied that the maternity benefit or the amount has been improperly withheld, he shall direct the employer to make the payment to the woman or to the person claiming the payment under Section 7, as the case may be, immediately or within a specified period. 11. Appeal under Section 17 :- (1) An appeal against the decision of the Inspector under sub-section (2) of Section 17, shall lie to the Competent Authority. (2) The aggrieved person shall prefer an appeal in writing to the Competent Authority in Form ‘J’ and file other supporting documents. (3) When an appeal is received the Competent Authority shall before a fixed date, call from the Inspector the record of the case. The Competent Authority shall, if necessary, also record the stetement of the aggrieved person, and of the Inspector and seek clarification, if any, is re- quired. (4) Taking into account the documents, the evidence produced before him and the facts presented to him and ascertained by him, the Competent Authority shall give his decision. 12 . Supply of forms :- The employer shall supply to every woman employed by him at her request free of cost copies of Forms ‘B’ ‘C’ ‘D’ ‘E’ ‘F’ ‘G’ ‘H’ and ‘I’Ex-100/2015 5 1 3 . Non-submission of notice, appeals, or Complaints in the prescribed forms :- Nothing in Rules 5, 9 and 10 shall affect the right of a woman entitled to receive maternity benefit or any other amount due under the Act if she fails to submit a notice, appeal or complaint under the said rules as the case may be, in a prescribed form :- Provided that where a notice, appeal or complaint under the said rule has been submitted by a woman entitled to receive maternity benefit or any other amount due under the Act in a form other than the prescribed form, the authority concerned may, within 15 days of the receipt of such notice appeal or complaint require the woman to submit the notice appeal or complaint as the case may be, in prescribed form. 14 . Records :-Records kept under the provisions of the Act and these Rules shall be preserved for a period of two years from the date of their preparation. 15 . Abstract :-The abstract of the provisions of the Act and these Rules required to be exhibited under Section 19 shall be in form ‘K’ and shall be exhibited in such manner as the Competent authority may r equir e. 1 6 . Annual returns :- (1) The employer of every establishment to which the Act applies shall on or before the 21st day of January in each submit to the Competent Authority a return in each of the Form ‘L’ ‘M’ ‘N’ and ‘O’ giving information as to the particular specified in respect of the preceding year. (2) If the employer of an establishment to which the act applies sells, abandons or discontinues the working of the establishments he shall within one month of the date of sale or abandonment or four months of the date of discontinuance as the case may be submit to the Competent Author- ity a further return in each of the said form in respect of the period between the end of the preceding year and the date of sale abandonment or discontinuance. Ex-100/20156 FORM - A [See Rule 3] Muster - roll Name of establishment- 1.Serial number : 2.Name of woman and her father ’s(or if married, husband’s) name : 3.Date of appointment : 4.Nature of work : 5.Dates with month and year in which she is employed, laid off and not employed : MonthNo. of daysNo. of days laidNo. of days notRemarks employedoffemployed 6.Date on which the woman gives notice under Section 6. 7.Date of discharge/dismissal, if any. 8.Date of production of proof of pregnancy under Section 6. 9.Date of birth of child. 10. Date of production of proof of delivery/miscarriage /[Medical Termination of Pregnancy/Tubec- tomy Operation/death]. 11. Date of production of proof of illness referred to in Section 10. 12. Date with the amount of maternity benefit paid in advance of expected delivery. 13. Date with the amount of subsequent payment of maternity benefit. 14. Date with the amount of bonus, if paid, under Section 8. 15. Date with the amount of wages paid on account of leave under Section 9. [15-A] Date with the amount of wages paid on account of leave under Section 9-A.] 16. Date with the amount of wages paid on account of leave under Section 10 and period of the leave granted. 17. Name of the person nominated by the woman under Section 6. 18. If the woman dies, the date of her death, the name of the person to whom maternity benefit and/or other amount was paid, the amount thereof and the date of payment. 19. If the woman dies a nd the child sur vives the name of the person to whom the amount of maternity benefit of the child and the period for which it was paid. 20. Signature of the employer of the establishment authenticating the entries in the muster-roll. 21. Remarks column for the use of the Inspector.Ex-100/2015 7 FORM - B [See Rule 4(1)] This is to certify that I examined................................................................................................... Wife/daughter ....................................................................................................... a woman employee in..................................................................... (name of [establishment]) on ........................................ and found/cannot discover that she is pregnant and is expected to be delivered of a child within (month and/ days) from the above-mentioned date/has undergone miscarriage or medical termination of pregnancy or tubectomy operation has been delivered of a child on............................................... (date) or suffering from.............................. (date) from illness arising out of pregnancy/delivered/premature birth of child or miscarriage termination of pregnancy or tubectomy operation. Signature, qualification & designation of Medical Officer. Date .............................. Definitions of “Child” and “miscarriage” as in the Maternity Benefit Act, 1961. 1.“Child” includes a stillborn child. 2.“Miscarriage” means explain of the contents of a pregnancy uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punish- able under the Indian Penal Code. FORM -C [See Rule 4(4)] This is to certify that Smt ............................................................................................................ wife/daughter of ............................................................................................................... Employed in ............................................................................................................................................................. (name of the establishment) expired on................................................................................................... before/during/after confinement. The child died on.................................................................................. /Survives her. Signature, qualification and designation of Medical Officer Date ................................ Ex-100/20158 FORM - D [See Rule 4(5)] This is to certify that I examined............................................................................................................. Wife/daughter of .................................................................................................................... a woman employed in............................................................................................................................... (name of the establis hment) and found that she has been delivered of a child/has undergone miscarriage on................................................... (date) Signature of registered Midwife/ Health Worker Date................................ Definitions of “Child” and “miscarriage” as in the Maternity Benefit Act, 1961. 1.“Child” includes a stillborn child. 2.“Miscarriage” means explain of the contents of a pregnancy uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punish- able under the Indian Penal Code. FORM - E [See Rule 5(1)] Notice under Section 6 of the Maternity Benefit Act, 1961 ............................................................................................................ (name of [Establishment]) 1. ............................................................................................................................. (name of woman) wife/daughter or........................................................................................... employed as..................................................................... at ................................................................ (name of mine), hereby give notice that I expect to be confined within six weeks next following from the date of this notice/have given birth to a child on (date) and shall be absent from work from......................................... (date), I shall not work in any establishment during the period for which I receive maternity benefit. 2.For the purpose of section 7. I hereby nominate.................................................................. (here enter name and address of the nominee) to receive maternity benefit and/or any other amount due to me under the Act in case of my death. Signature or thumb-impression of woman. Signature of an Attestor in case The woman is not able to sign And affixed thumb-impression Date.............................................Ex-100/2015 9 FORM - F [See Rule 5 (3)] To ............................................................................................................ (name of establishment) I .................................................................................................................. the undersigned, a woman employee/the nominee of ................................................................................... woman employee/legal representative of.............................................................................................. in ................................ District received maternity benefit and/or other amount due under the Maternity Benefit Act, 1961 from the employer of 67 referred to above as detained below :- Rs......................................... being the first installment of maternity benefit paid on......................................................................................................................................................... Rs................................. being the second installment of maternity benefit after delivery paid on................................................. Rs.............................being the medical bonus under Section 8 of the Act paid on..................................... Rs.............................being the wages for leave period from......................... to...................................... mentioned under Section 9[9-A] 68 or 10......................................My/Her confinement/miscarriage. [medical termination or pregnancy of tubectomy operation] took place on........................................................... In consequence I ...................................................................... her nominee/legal representative have re- ceived the aforesaid amounts prescribed in Section 5,8,9[9-A]/70 and 10 of the Maternity Benefit Act, 1961. Signature or thumb-impression of ................................................. Woman employer or her nominee or legal r epresentative. Signature of an attestor in case the Woman is not able to sign and affixes thimb-impression. Date......................... *Strike out unnecessary portion. Ex-100/201510 FORM - G [See Rule 9] To The Competent Authority, Appointment under the Maternity Benefit Act, 1996] ............................................................ (Address) Sir, I,.......................................................................................................................................... the undersigned. Woman employer of.......................................................................................................... (name of establishment and full address), having been wrongly deprive by the employer of maternity benefit or medical bonus or both(strike out unnecessary portion) for the reasons attached hereto, prefer this appeal under sub-section(2) of Section 12. A copy of the order of the employer in this is enclosed. Signature of an AttestorSignature or thumb impression of the woman in case the woman is not able to sign and affixes thumb-impression Date................................ Full address of the nominee/ Legal r epresentative. FORM - H [See Rule 10] To The Inspector, (Under the Maternity Benefit Act, 1961) Sir, I............................................................................................................................................. (name of woman employed in................................................................................................................ (name and full address of [establishment] having fulfilled the conditions laid down in the maternity Benefit Act, 1961 and the Rules thereunder an entitled to Rs................................ being maternity benefit and/or Rs................. the medical bonus and or Rs............................ being wages for leave due under Section 9 [or 9-A] or 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me. Signature or thumb impression of the woman Woman is unable to sign and affixes thumb-Impression Full address of the womanEx-100/2015 11 FORM - I [See Rule 10] To The Inspector, (Under the Maternity Benefit Act, 1961) I............................................................................................................................................. (name), a person nominated under Section 6 by or a legal representative of.............................................. ......................................... (name of woman) employed in..................................................................... (name and full address of mine) have to complain that the said woman having fulfilled the conditions laid down into the Maternity Benefit Act, 1961 and the Rules thereunder is entitled to Rs................................. being maternity benefit and/or Rs.................................................... being wages for leave due under Sec- tion 9 (or 9-A) or but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me. Signature or thumb-impression of The nominee/legal r epresentative. Date................................ Signature of Attestor in case the Nominee/legal representative is una ble To sign and affixes thumb-impression Date...................................... Full address of the nominee/legal representative FORM - J [See Rule 11] To .............................................................................................................................................. Sir, Shri......................................................................................................................................... Inspector, having directed under sub-section (2) of Section 17 to pay the maternity benefit or other amount being............................................................ (nature of amount) to which............................................... (name of woman) is said to be entitled, I prefer this appeal under sub-section (3) of Section 17, in view of the fact mentioned in the memorandum attached hereto and other documents filed herewith it is submitted that the woman is not entitled to maternity benefit or the said amount and hence the decision of the Inspector in this behalf, copy of which is enclosed, may be set aside. Signature of aggrieved person Full Address................................. ................................................... ................................................... ................................................... Date........................................Ex-100/201512 FORM - K [See Rule 15] (Abstract of the Maternity Benefit Act, 1961, and the rules made thereunder) 1.No employer shall knowingly employ a woman during the six weeks immediately following the day of her delivery or miscarriage [medical termination of pregnancy] and no woman shall work in any establishment during the said period. 2.No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period of one month immediately the period of six weeks before the date of her expected delivery and also for any period during this period of six weeks for which she’does not avail of leave of absence, any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. 3.(1) Subject to the provision of the Act, every woman who has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eight days, including the days during which she was laid off, shall be entitled to, and her employer shall be liable for the payment of maternity benefit at the rate of her average daily wages, or whichever is the highest, for the period of her actual absence not exceeding six weeks immediately six weeks preceding the day of delivery and the remaining period immediately following that days. Provided that the qualifying period of eight days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the immigration: Provided further that where a woman dies during the period for which maternity benefit is payable only for the days up to and including the day of her death. However, where the woman having been delivered of a child, dies during her delivery or during the remaining period of maternity benefit leaving behind in either case the child, either period of maternity benefit following the day of her delivery but if the child also dies during the said period, then for the days up to and including the day of the death of the child. ( 2) T he am o u nt of m at e r ni t y b e ne f it f or th e pe r i od pr e c ed i ng t he d at e o f he r e x p ec t e d d el i v er y shall be paid in advance by the employer to the woman on production of a certificate in Form ‘B’ stating that she is pregnant and is expected to be delivered of a child within six weeks of the date of production of the certificate and the amount due for the subsequent the certificate in Form ‘B’ or Form ‘D’ stating that she has been delivered of a child or production of certified extract from a Birth Register maintained under provisions of any law for the time being in force. 4.(1)Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in Form ‘E’ to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as he may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. Ex-100/2015 13 Ex-100/201514 (2) In the case of woman who is pregnant such notice shall state the date from which she will be absent from work not being a date earlier than six weeks from the date of her expected delivery. (3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. (4) on receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of the remaining period of maternity benefit after the day of her delivery. 5.(1) Every woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of two hundred and fifty rupees, if no prenatal confinement and postnatal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit. (2) In case of miscarriage a woman shall, on production of certificate in Form ‘B’ or Form ‘D’ be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage. The wages shall be paid within 48 hours of production of the certificate Form ‘B’ or Form ‘D’. (2-A) In case of medical termination of pregnancy, a woman shall on production of certificate in F o r m ‘ B ’ b e e n t i t l e d t o l e a v e w i t h w a g e s a t t h e r a t e o f m a t e r n i t y b e n e f i t f o r a p e r i o d o f s i x weeks immediately following the day of her Medical termination of pregnancy. The wages shall be paid within 48 hours of production of the certificate in Form ‘B’. (3) A wo ma n su ff er in g fr om i ll ne ss a ri si ng o ut p re gn an cy, de li ve ry, pr em at ur e bi rt h of child or miscarriage termination of pregnancy or tubectomy operation shall, on production of a certificate in Form ‘B’ be entitled, in addition to the period of absence allowed to her on account of maternity or miscarriage or medical termination of pregnancy or tubectomy operation, as the case may be to leave with wages at the rate of maternity benefit for a maximum period of one month. The wages for the leave period shall be paid within 48 hours of the expiry of that period. 6.Every woman delivery of child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of 15 minutes duration for nursing the child until the child attains the age of fifteen months. An extra sufficient period depending upon the distance to be covered, shall be allowed for the purpose of the journey to and from the creche or the place where the children are left by woman while on duty, provided that such extra period shall not be less than 5 minutes and more than 15 minutes duration. 7. (1) When a woman absents herself from work in accordance with her pregnancy of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence or to vary to her disadvantage any of the conditions benefit of her service. Ex-100/2015 15 (2) (a)The discharge or dismissal of a woman at any time during herpregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus shall not have the effort of depriving her of the maternity benefit or medical bonus. Provided that where the dismissal is for one or more of the following acts, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both for- (i) wilful destruction of employer’s goods or property: (ii) assaulting any superior or co-employer at the place of work: (iii) criminal offence involving moral turpitude resulting in convictionin a court of law: (iv) theft, fraud, or dishonestly in connection with the employer ’sbusiness or property: and (v) wilful non-observance of safety measures or rules on the subjector wilful interference w it h sa f et y de vi c es o r w it h f ir e- f ig h ti ngequipment. (b) Any woman deprived of maternity benefit or medical bonus of both, may within sixty days from the date on which the order of such deprivation is communicated to her, appeal in Form ‘G’ to the Competent Authority and his decision on such appeal whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final. 8.If a woman claiming the maternity benefit nor any other amount to which she is entitled under the Act and any person claiming that payment due has been permitted by her employer to absence herself under the provisions of the Act, she shall forfeit her claim to the maternity benefit for such period. 9.(1)Any woman claiming the maternity benefit or any other amount to which she is entitled under the Act any person claiming that payment due has been improperly withheld may make a complaint to the Inspector in writing in Form ‘H’ or ‘I’ as the case may be. (2)The Inspector may, of his own motion or on receipt of a complaint in Form ‘H’ or ‘I’ make an inquiry or cause an enquiry to be made and if satisfied that payment has been wrongly withheld, may direct the paymentto be made in accordance with his order. (3)Any person aggrieved by the decision of the Inspector may, within thirty days from the date on which such decision is communicated to suchperson, appeal to the Chief Inspector of mines. (4)The decision of the Competent Authority where an appeal has been preferred to him or of the Inspector where no such appeal has been preferred shall be final. 10. (a) The employer shall supply to cover woman employed by him at her request free of cost copies of Forms ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘H’, and ‘I’. (b) The failure to submit a notice, appeal or complaint to receive maternity benefit or any other amount due under the Act. Where a notice, appeal or complaint has been received in form other than the prescribed form, the authority concerned shall within fifteen days of the receipt of such notice appeal or complaint, require the woman to submit the notice, appeal or complaint, as the case may be, in the prescribed form. 11. ( a) (1 ) T h e e m pl o y er i n w h ic h w o m en a re e mp l o ye d sh a ll p re p a re a ndmaintain a muster- roll in Form ‘A’ and shall enter therein particulars of all woman workers. ( 2 ) A l l e n t r i e s i n t h e m u st e r- r o l l sh a l l b e m a d e i n i n k a n dmaintained upto date it shall always be available for inspection by the Inspector during working hours. (b) The employer shall on or before the 21 st day of January in each year submit to the Competent Authority a return in each of the Form ‘L’,‘M’, ‘N’ and ‘O’ giving information as to the particulars specified in respect of the preceeding year. Annual return for the year ending on the 31st December, 20..... 1.Name of the Establishment. 2.Situation of the Establishment Distr ict State 3.Date of opening of the Establishment. 4.Date of closing, if closed. 5.Postal address of the establishment. 6.Name of employer. Postal address of managing agent. 7.Name of managing agent, if any. Postal addr ess of representative of employer 8.Name of agent or representative of employer. Postal addr ess of representative of employer 9.Name of Manager Postal address of Manager. 10. (a) Name of medical officer, attached to the establishment. (b ) Qualification of medical officer attached to the establishment. (c) Is he resident at the establishment?. (d) If a part time employee how often does he pay visits establishment?. 11. (a ) Is there any hospital at the esta blishment?. (b ) If so, how many beds are pr ovided for women employess? ( c ) Is there lady doctor? (d) If so, what are her qualification? ( e ) Is there a qualified midwife? (f ) Has any creche been pr ovided? Signature of employer Date..................... Ex-100/201516 FORM-M [See Rule 16] Employment, dismissal, paymentof bonus, etc. of women for the year ending on 31st December, 20...... 1.Name of the establishment. 2.Aggregate number of women permanently or temporar ily employed during the year. 3.Number of woman who worked for a period of not less than eighty days in the twelve months immediately preceeding the date of delivery. 4.Number of women who gave notice under Section 6. 5.Number of women who were gr anted permission to absent on receipt of notice of confinement. 6.Number of for maternity benefit paid. 7.Number of for maternity benefit rejected. 8.Number of cases where prenatal confinement and postnatal care was provided by the management free of charge (S ection 8) 9.Number of claims for medical bonus paid (S ection 8) 10. Number of claims for medical bonus rejected. 11. Number of cases in which leave for miscarriage/was granted. 12. Number of cases in which leave for miscarriage/was applies for but was rejected. 12-A.Number of cases in which leave for tubectomy operation under Section 9-A was granted. 12-B.Number of cases in which leave for tubectomy operation was applied for but was r ejected. 13. Number of cases in which additional leave for illness under Section 10 was granted. 14. Number of cases in which additional leave for illness under Section 10 was applied for but was rejected 15. Number of women who died. (a)Before delivery. (b)After delivery. 16. Number of cases in which payment was made to persons other the woma n concerned. 17. Number of women discharge of dismissed while working. 18. Number of women deprived of maternity benefit and/or medical bonus under provison to sub- section (2) of Section 12. 19. Number of cases in which payment was made on the order of the Competent Authority or Inspector. 20. Remar ks. N. B:- Full particularsof each and reasonsfor the action taken under Serial Nos. 7, 10, 12, 14, 17 and 18 should begivenin theAppendix beiow:- Signature of employer Date.........................Ex-100/2015 17 FORM- N [See Rule 16] Details of payment made during the year ending 31st December,20........ Name of person to whom paidAmo unt paid1.Date of payment. 2.Woman employee. 3.Nominee of the woman. 4.Legal representative of woman 5.Amount for the period preceeding date of expected delivery 6.Amount for the subsequent period 7.Under S ection 8 of t he Act. 8.Under Section 9 of the Act 8-A. Under Section 9-A of the Act. 9.Under S ection 10 of the Act. 10.Number of women workers who absconded after receiving the first installment of maternity benefit. 11.Cases where claims were contested in court of law. ‘ 12.Results of such cases. 13.Remarks. Signature of employer Date........................ Ex-100/201518 FORM - O [See Rule 16] Prosecuting during the year ending 31st December, 20........... Place ofNumber of casesNumber of casesRemarks employment of theinstitutedwhich resulted in woman employeeconviction N.B. Reasons for prosecution should be given in full. Signature of employer Date....................Ex-100/2015 19 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-200.

N O T I F I C A T I O NNo.A.49011/2/2012-LE&IT, the 24th February, 2015.The Governor of Mizoram is pleased to notify the Mizoram Factories Rules, 2014. By order etc. Rodney L. Ralte, Principal Secret ary to the Govt. of Mizoram, Labour, Employment & Industrial Department. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Wednesday 4.3.2015 Phalguna 13, S.E. 1936, Issue No. 101 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-200.