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High Level Monitoring Committee, High Powered State Co-ordination Committee and Drafting Committee on Comprehensive Drug Policy for Mizoram

VOL - XLIVISSUE - 384Date - 10/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Monday 10.8.2015 Sravana 19, S.E. 1937, Issue No. 384 NOTIFICATIONNo.B.12012/2/2015-SWD, the 4th August, 2015.In supersession to this Department’s Notifications of even No. dated 03.08.2015, the Governor of Mizoram is pleased to re- constitute High Level Monitoring Committee, High Powered State Co-ordination Committee and Dra fting Committee on Comprehensive Drug Policy for Mizoram consisting of t he following members with immediate effect and until fur ther or ders. 1.High Level Monitoring C ommitteeChairman: Hon’ble Chief Minister, Mizoram Vice Chairman: Hon’ble Minister, Social Welfare Department M ember Secr et ar y : Secr etary, Socia l Welfare Depart ment Members: 1) Hon’b le Minis ter, Home Department 2) Hon’ble Minister, Health & Family Welfare Department 3) Hon’ble Minister, Excise & Narcotics Department 4) Hon’ble Minister, Law & Judicial Department 5) Hon’ble Minister, Education Department 6) Hon’ble Parliamentary Secretary, Social Welfare Department 7) Secr etary, Law & J udicia l Depart ment 8) Secr etary, Health & Family Welf are Dep artment . 9) Secr etary, Excise & Narcotic s Depart ment 10) Addl. Secretary, S ocial Welfare Department /Joint Secr etary, Socia l Welfare Depart ment 11) Dir ector, Socia l Welfar e Depart ment 2.High Powered State Coordination CommitteeChairman: Chief Secretary M ember Secr et ar y : Secr etary, Socia l Welfare Depart ment Members: 1) Secreta ry, Home Depa rtment. 2) Secr etary, Health & Family Welfare Department. 3) Secretary, Excise & Narcotics Department. 4) Secretary, Law & Judicial Department. 5) DGP, Mizoram. 6) Director, Social Welfare Department. 7) IGP (Prison), Mizoram. 8) Commander, 23 Sector Assam Rifles, Mizoram. - 2 - Ex-384/2015 9) Comma ndant, BSF, Mizoram. 10) Assistant Commissioner, Customs (Control), Department. 11) President, Central YMA. 3.Drafting Committee on Comprehensive Drug Policy for MizoramChairman: Secr etary, Socia l Welfare Depart ment Member Secretary : Dir ector, S ocia l Welfare Depart ment Members: 1) S.P.CID (Crime) 2) Dir ector, Hea lth Services 3) Commissioner, Excise & Na rcotics Department 4) Dy. Secretar y, Law & Judicia l Depart ment 5) Project Director, MSACS 6) Depu ty Controller of Drugs, Health & FW Department 7) Chief Executive Officer, MSD & RB 8) President, Central YMA 9) President, Mizoram Drugs Users Forum (MDUF) La lrinliana Fanai, Commr. & Secretary to the Govt. of Mizoram, Socia l Welfar e Depart ment.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Table of Registration Fees for registration of documents

VOL - XLIVISSUE - 385Date - 10/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Monday 10.8.2015 Sravana 19, S.E. 1937, Issue No. 385 NOTIFICATIONNo.A.46022/2/2013-REV, the 5th August, 2015.In exercise of the power conferred under section 78 of the Registra tion Act, 1908 (Act XVI of 1908) and in supersession of a ll previous notifications on the subject, the Governor of Mizoram is pleased to amend the following Table of Registration Fees for registration of documents under the said Act with immediate effect a s follows:- TABLE OF FEES Article I:ORDINARY FEE: (1) This Article shall apply to those documents on which registration fee is leviable on anad va lorem scale on the amount or va lue of the consideration or of the property to which the document relates. (2) The registr ation fee on the following documents shall be levied on an ad valorem sca le on the amount or value of the considera tion a s the case may be– Acknowledgment (not being of the nature described in Article III), Agreement for considera tion (See Note 7), Annuity Bonds (See Note 6), Awar d, Bond, Bill of Exchange, Bill of Sale, Lease (See Notes 4 and 8), Instr ument of Assignment, M ortgage (See Notes 1 and 2), Release for cons ideration (not being of the nature described in Article III), Sale, Transfer, any certified copy of a decree or order of Court. (3) The registr ation fee on the following documents shall be levied on a n ad va lorem scale on the amount or va lue of t he property. Composition-Deed, Par tnership-Deed, Declaration of Trust, Release other than one falling under (2) above or Article III, (4) The Registr ation fee on the following documents shall be levia ble on an ad-valorem scale on the market value of t he property on which s tamp duty is charged unless the su bject matter of the document is money only in which case, the registration fee shall b e leviable on the amount of money. Conveyance, Certificate of Sale, Exchange, Gift, Partition, Power of Attorney given for cons ideration or without consider ation a nd authorizing the attorney to sell the property, Sale Settlement a nd Transfer of lease by way of assignment. (5) The ad-valor em scale shall be – (a ) If the amount or value of the consideration or of the property to which such instrument rela tes is wholly express ed ther ein. - 2 - Ex-385/2015 Sl. No.ParticularsAmount of Fee(in Rupees) 1.When the amount of value does not exceed100.00 Rs. 20,000.00 2.When the amount of value exceeds0.5% subject to a maximum of Rs. 20,000.00Rs. 30,000.00 (b) If such amount or value is only pa rtly expressed, the sa me ad-valorem fee as a bove on the amount or value which is express ed and an additional fee of Rs. 25.00. (c ) If such amount or value is not expr essed a t all a fixed fee as under: Sl. No. ParticularsAmount of Fee (in Rupees) 1.In respect of immovable properties situated in the District Headquarters.1,000.00 2.In r espect of the immoveab le properties s ituated at any pla ce other500.00 than those mentioned in cla use 1 above. 3.In r espect of the deed of partnership750.00 4.In r espect of movea ble prop erty500.00 Note 1: Where property subject to a mortgage is sold to the mor tgagee the difference between the purchase money and the amount of the mortga ge in respect of such fee has already been pa id, sha ll be considered as the amount of cons ideration for the deed of sale provided the mortga ge deed is proved to t he satisfaction of the registering officer to have been duly registered and the fact of s uch registration is noted in the deed of sale. When there is no difference between the purchase money and the amount of mortgage the fee leviable shall be Rs.100.00 Note 2: The fee leviable upon a document purporting to give collatera l, auxiliary or additional or substit uted security or securit y by way of fur ther assurance, where the principal or primar y mortga ge is proved to the satisfaction of the registering officer to ‘ ha ve been duly r egistered shall be same as for the principa l or primary mor tgage if the same does not exceed Rs.100.00 otherwise it shall be Rs.100.00 Note 3: In the case of an instrument of Partit ion the value of the separated share or sha res on which stamp duty is leviable shall be deemed to be the amount or market value of the property to which such instrument r elat es . Note 4: In the case of leases, the amount or value of considera tion on which thead valorem fee is to be assessed shall be as follows:- 1. Wher e the rent is fixed and no fine or premium is paid The fee will be assessed- or money advanced, then, if the lease is granted,- (a) Where the lease purports to be for a term notFor the whole amount of rent or the amount exceeding three years.of average annual rent, whichever is lower. (b) Where the lease purports to be for a period inOn thrice the amount of average annual excess of t hree years but not more than ten years. rent . (c ) Where the lease purports to be for a period in excess On five times the amount of average of ten year s but not more than twenty nine years, annual rent. without renewal clause, contingent or otherwise. (d) Where the lease purports to be for a period inTen times of the amount average annual excess of twenty nine years or in perpetuit y orrent. does not purport to be for any definit e period or for lease for a period of ten years with renewal clause, ontingent or otherwise. 2Wher e the lease is granted for fine or premium orThe amount of such a fine or premium money advanced or to be advanced a nd where noor money advanced or to b e advanced. rent is fixed 3. Wher e the lease is granted for a fine or premium orThe amount of fine or premium or money money advanced or to be advanced in addition toadva nced or to be advanced, in addition rent fixed.to the fee which would have been paya ble on such lease, if no fine or premium or adva nce had been paid. “Explanation I :- Rent paid in adva nce shall be deemed to be premium or money advanced within the meaning of this Article, even if there is a provision t o set it off towards a ny inst allment or installments of rent.”; Expla nation II:- When a lessee undertakes to pay a ny recurring charges s uch as Government Revenue, Landlord’s share of cesses or the owner ’s share of municipal ra tes or taxes, which is by law recover able from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent. N. B:- If a patta or lease be given to a cultivator and the ka bulayat or cou nterpart of such patta or lease be - registered in the same office and on the same day as the pa tta or lease, the fee chargeable in respect of the two documents shall not be greater than the fee which would have been charged on the lease alone. Note 5:- For the tr ansfer of tenancy rights without consideration the fee sha ll be a s follows:- 1. For the properties mentioned in item (i) of sub-clause (c) of clause (4) of Article 1. Rs. 500.00 2. For the properties mentioned in item (ii) of sub-clause (c) of clause (4) of Article 1. Rs. 300.00 3. For the properties mentioned in item (iii) of sub-clause (c) of clause (4) of Article l. Rs. 200.00 4. For the properties mentioned in item (iv) of sub-clause (c) of clause (4) of Article l. Rs. 100.00 Note 6 - In case of an instrument executed to secure the payment of an annuity other sum payable periodically, the amount or value of the consideration on which the ad-valorem fee is to be assessed, shall be as follows :- Where the sum is payableThe fee will be assessed on (a) For a definite periodThe total amount to be paid during the period. (b) In p erpetuity or for an indefinite time notThe total amount payable during the first twenty years terminable with any life in being.calculated from the date on which the first payment becomes du e. (c) For an indefinite time terminable with any The total amount payable during the first twelve years life in being at the date of such instrument calculated from the date on which the first payment of conveyance.becomes du e. Note 7 - In the case of service bonds and agreements for the hire of moveable property, the amount or value of the consideration, on which the ad-valor em fee is to be assess ed, sha ll be a s follows :- If the service bond or a gr eement is gra ntedThe fee will be assessed on 1. For a period of a year or lessThe total a mount payable under the ser vice bond or agreement 2. For a definite period exceeding one yearThe average annual amount to be paid during the period 3. For an indefinite periodThe average annual amount to be paid during the first ten years.- 3 -Ex-385/2015 Note 8: If in any case the rent, remuneration or hire is payable partly in money and partly in kind and money, and the value of t he portion payable in kind is not expressed, the fee shall be charged at twice the amount of the ad-va lorem fee chargeable in respect of the amount payable in money; e.g. if the ad-valorem fee leviable on the amount payable in money is Rs.100.00, the total fee leviable in respect of the document would be Rs. 100.00 on the money va lue, plus Rs.100.00 for the pa yment in kind, if the rent or remunera tion is payable entirely in kind and, if the money value is not expressed, a fixed fee as is mentioned in Article 1(4)(c) shall be levied. Note 9: The fee on any instrument compr ising or relating to several distinct matters shall be the aggregate of t he fees with which separate instruments each comprising or relating to one of such matters, would be charged. Note 10: In respect of confirmation deed without consideration, an ad-valorem fee under Article-1, shall be charged on the document confirmed, in addition to a fee of Rs.100.00. In respect of such confirmation, for consider ation, an ad-va lorem fee under Article 1 shall be charged in addition to the fee leviable on a deed confir med. Note 11: In the ca se of power of attorney given without consideration to the mother, father, brother, sister, husband, wife, son, daughter, grandson, granddaughter or to near relative as defined under the Income Tax Act,1961 (43 of 1961), the amount of registration fee shall be Rs. 100.00 only. Note 12: In case of document pur por ting or operating to a ffect a contract for the sale of immovable property an ad-valorem fee shall be cha rged on the document. The document purporting or operating to transfer by way of sale of such pr operty and executed in pursua nce of the cont ract shall be treated as a supplementary document and shall be subject to an ad-valorem fee subject to maximum of Rs. 25.00 Except as otherwise provided in this Article, the provisions of clause (1) shall, so for a s may be, apply to docu ments which purport t o be or to operate as agreements for the tr ansfer any right, tit le, or interest in immovable property, otherwise tha n by way of sa le and to docu ments which pur port or operate to effect such transfers and are executed in pursuance of such agreements. Note 13:In case of documents purporting or operating t o affect a contract for the sale of immoveable property, a n ad-va lorem fee shall be cha rged on the document. The document p urporting or operating to transfer, by way of sale of such property and executed in pursuance of the said contract, shall be treated as a supplementary document and shall be accordingly charged with the fee, subject to a maximum of Rs.100.00 Note 14: No fee shall be payable in respect of the registration of the following documents, namely, (1) Docu ments executed by or in favour of the State Government, to which as such, no stamp duty is leviable under the law for the time being in force (vide Sec 3 proviso of the Indian Stamp Act) (2) Security bonds and penalt y bonds executed in favour of the State Government or local authorities by public servants of all classes and their sureties. (3) Mortgage bonds executed by Gover nment employees in favour of the Sta te Government as security for House Building Advances. (4) Instr uments executed by persons ta king a dva nces under the Agricult ura l Loans Act, or by their sureties as securit y for the payment of such advances. (5) Security bonds executed by students or their sur eties in favour of the State Government binding themselves to enter Government service on the completion of their studies. (6) Any society registered or deemed to be r egistered under the Mizoram Co-opera tive Societies Act 1991 is exempted fr om paying the following fees payable, namely :-- 4 - Ex-385/2015 (a ) All fees pa yable by or on behalf of any Co-operative Society for the time being registered or deemed to be regist ered under the Act. (b) All fees payable in respect of any instruments executed by an officer or member of such society and relating to the business thereof, with exemption of the following fees, namely :- (1) Fees for attendance at a private residence. (2) Safe custody fees for unclaimed documents. (3) Fees for issuing summons a nd commissions and (4) Fees for delay in the presentation of documents or in the appearance of parties. (7) Bonds executed by Non-Gazetted or menials staff or the State Government for the due performance of t heir duties and bond; or mor tgage deed executed by private parties as security to the Government for the due performances of their duties. (8) Mortgage deeds executed by Government employees for securing t he repa yment of advances received by them from the Government for the purchase of a motor boat, motor cycle, a horse, a cycle or a typ e writ er. Note 15: No fee sha ll be payable in- resp ect of registr ation of agreements including hypothecation and mortgage deeds executed by persons in respect of loans received by them from Mizor am State Khadi and Villa ge Industries Board. Note 16: No fee shall be payable in the whole of the Sta te of Mizoram, in resp ect of registration of mortgage deeds or letters of guar antee or such other instruments execu ted by t he beneficiar ies of the families living below poverty line, under the Pr imary Sector S econdary Sector and Tetiary Sector of the Integrated Rural Development Pr ogramme, for subsidy given by the State Government or for securing repa yment of loans given for purposes under the said programme by the Ba nks. Note 17: No fee in excess of Rupees Twenty shall be payable in r espect of registration of any instruments including mortgages, letter of guarantee hypothecation, pledge, cash, credit agreement, acknowledgement of debts and any document in connection with renewal of modifica tion executed by the following categories of borrowers and their guarantor s for securing repayment of a ny loans advanced to them by the ba nks, namely; (1) Persons given loans upto R upees ten thousand only for starting ancillar y agricultural occupations such as dairy, poultry, piggery and such other occupations; (2) Educated unemployed persons whose family income does not exceed the financial limit p er annum is laid down by Government under Employment P romotion Progra mme; (3) Beneficiaries from the families living b elow the poverty line, under the Int egrated Rural Development Programme, for subsidy given by the State Government or for securing repayment of loa n given for the purposes under the said progr amme by the Ba nks. Explanation : For the pur poses of this Notification- Then ‘Bank’ includes all Public Sector Ba nks, Regional Rural Banks, all District Co-operative Banks, Land Development Banks a nd Private Scheduled Banks implementing Rur al Development Programme,; Note 18: No registration fees shall be payable in respect of registration of agreements including hypothecation and mortgage deeds executed by persons in respect of loa ns received by them from Khadi and Village Indu stries Commission ,New Delhi or by the branches of the commission constituted under the Khadi and Village Indu stries Commission Act (61 of 1956) Note 19: Release among a family members a nd gift to family members a fee subject to a maximum of Rs.500.00- 5 -Ex-385/2015 Explanation:Family in r elation to these purposes means father, mother, husband, wife, son, daughter, daughter-in-law, gr and parents, gra nd children, br others and sisters. ArticleII. For the registration of a surrender of lease, t he same fee as for the lease surrendered, if the same does not exceed Rs.100.00, otherwise Rs.100. Article III. This Article shall apply to documents on which fee shall be calculated according to the ad- valorem sca le in ‘Article-1, subject to a certain maximum Registration fee calcula ted according to ‘the ad- valorem scale, subject to a maximum of Rs.100, shall be levied on the following documents, namely. (a ) Docu ments which acknowledge merely the payment of the consideration for some other docu ment which is also a registered document which acknowledges the receipt of the cons ideration expressed in a previous registered document but not paid at the time of the execution of such document, where full ad-valorem fee has, under Article 1, been levied in respect of such previous document; (b) Re-conveyance and releases, executed on the sa tisfact ion of liens in mortgages which are previously registered a nd on which full ad-valorem fees have been levied; (c ) docu ments a cknowledging the receipt of installments on account of mortgages which are registered and on which full ad-valorem fee has been levied; (d) revocation of trus t or set tlement (see Note 1 below); ( e) duplicate or duplicates presented for registration with the original document or documents, on the same day; (f) Duplicates not presented for registration with the original docu ment or documents on the same day, but on which refer ence to registr ation of the original document or documents is quoted; (g) Release as executed in pursuance of some other document on which full a d-valorem fee a s in Article 1 ha s been paid (s ee Not e 2 below). Docu ment which acknowledges merely the payment of the consideration for some other docu ment which is also registered Document which acknowledges the receipt of the consideration exp ressed in a previous registered document but not paid at the time of the execution of such document; where full ad- valorem fee has under Article I, been levied in respect of such previous document; Re-conveyance and Releases executed on the s atisfact ion of liens in mortga ges which are previously registered and on which full ad-va lorem fees ha ve been levied; Docu ments a cknowledging the receipt of installments on account of mortgages which are registered and on which full a d-valor em fee has been levied; Documents acknowledging the receipt of installments on account of mortgages which are registered and on which full ad-valorem fee has been levied; Revoca tion of Trust or Settlement (See Note 1 below); Duplicate or Duplicates not presented for registration with the original document or documents on the same day; Duplicates not presented for registration with the original document or documents on the same day but on which reference to registra tion of the or iginal document or documents is quoted; Release executed in p ursuance of some other document on which full ad-va lorem fee in Ar ticle I has been paid (see Note 2 below). Note 1 - The revocation of Trust or Settlement mentioned in this Article is one executed in pursuance of a power to revoke reserved in the origina l registered deed of Trust or Settlement and a par tial revocation of Trust or Settlement executed otherwise than in pursuance of such power. Note 2 - Release executed in pursuance of another docu ment includes release by trustees in favour of beneficiaries and vice-ver sa, release by settlee in favour of settlors and similar nature.- 6 - Ex-385/2015 Note 3 - In case of a release the amount or value of the interest or claim released will always be less the amount or value of the pr operty over which a claim is released. In s uch cases if the amount or value of the cons ideration for the release is not shown, the registration fee sha ll be levied according to the ad-valorem scale in Article I but subject to maximum of the amount of fee chargeable under Article I (4) (c). Note 4 - The fee leviable upon a document of benami transfer by benamider in favour of real owner executed in pursuance of document previously registered shall be charged on a ad-valorem sca le on the a amount or va lue of the consideration of the property declared a s trust subject to maximum of Rs.100, and Rs.100, on the transfer of such property under Article III. Article IV. This, Article sha ll apply to documents on which fixed fee is to be levied, a fixed registration fee of R s.100 shall be levied, for the registr ation of the following documents,- (1) Docu ments seeking t ransfer of tenancy rights without consideration; (2) Power of Attorney not being of the nature described in clause (4) of Article I above; (3) Writing of divorcement, a certificate of heirship, gua rdianship, administra torship or executorships; (4) A notice of pendency of suit or proceeding referred to in section 52 of the Transfer of Pr operty Act, 1882; (5) Revocation of trust or sett lement (see note 2 below); (6) Dissolution of partnership; (7) Agreement of pre-emption in a partition deed, or in a lease apportionment of property, adoption deed; (8) Decla ration of tr ade-ma rk, decla ration, Agreement, of easement, where amount or value of cons ideration is not shown; (9) Documents which do not fa ll within any other Article of the said Ta ble. Note 1 – Where ad-valorem fee on the property to which such Trust deed relates has once been paid on the registr ation of a deed appointing a body of trustees for the management of any property and a subsequent deed appointing one or mor e Trustees in addition to or in place of some of t hose appointed as above is presented for registration, such subsequent deed shall be liable to fixed fee of Rs.100 under this Article. Note 2 – The revocation of Trust or Settlement mentioned in this Article is one where a previously registered Trust or Settlement is wholly revoked otherwise than in pursuance of a power to revoke – reserved in the original deed of Trust or Settlement. WILLS AND AUTHORITIES TO ADOPT: Article ParticularsAmount of Fees (in Rupees) VFor registra tion of an Adoption deed or Authority to adopt not200.00 conferred by a Will VIFor registra tion of a will when pr esented open100.00 VIIFor cancelling a Will100.00 VIIIFor deposit of a sealed cover Containing a will, besides the expenses of copying the superscr iption or contents a ccording to 100.00 rate laid down in Article XI. IXFor opening of sealed cover besides the expenses of copying the 50.00 superscription or contents according to ra te laid down in Article XI. XFor Withdrawal of a sealed cover. 100.00- 7 -Ex-385/2015 Article XI: RE-REGISTRATION OF DOCUMENTS: For the re-r egistra tion of a document under section 24 of the The same fee as for the r egistra tion Registration Act, 1908.of such docu ment Article XII: SEARCHES AND INSPECTIONS: Particulars Amount of Fees (in Rupees) (1)The fee paya ble for search for an inspection of a single entry or a docu ment sha ll be: (a ) For the fir st year in the books of which search is made for each entr y or docu ment .25.00 (b) For every additiona l year in the books of which search is continued for each entry or docu ment.25.00 (2)The fee payable for a general search for an inspection of any number of entries or a documents relating to one and the same property or executed by or in fa vour of one and the same individual shall be:25.00 (a ) For the fir st year in the books of which sear ch is made.25.00 (b) For every other year in t he books of which search is continued.10.00 Note 1: For the purpose of clause (2) of this Article, the determina tion of one and the same property s hall be with reference to the ownership at t he time of the applica tion for a cer tificate of encumbrance, but the following ma y in ea ch case be treated as one and the same property: (i) A single survey field or a house, owned by mor e than one per son, (ii) Lands used for wet and dry cultivation situated in the same village and owned by one person or jointly by two or more persons whether the parcels be contiguous to one another or not, (iii) A field or a garden and the house situated in it, (iv) Building or houses described as being situated within the same boundaries and forming together one property. Note 2: If in any application for a copy of an entry or for inspection or sear ch of a n entry, the na ture of the docu ment, the date of registration, the register and volume in which it is cop ied and its number in such volume are shown in the application by a person who is interested in the entry or document, no fee for search or inspection of the indices shall be levied. But in cases where the particulars furnished by the applicant ar e incor rect and a sear ch or inspection becomes necessary, the necessary fees should be levied. Note 3: Government Officers requiting to search or inspect the Register books or Indexes for bona fide public purposes shall be exempt from the payment of fees. Note 4: A requisition for informa tion fr om any Court or Revenue authority shall if it necessitates search in the register, be accompanied by the necessary fee for search, but officers of Government shall be permitted to see or inspect for bonafide public p urposes, the r egister Books and indices without fees. Note 5: When a Register Book is called for by a ny cour t, the fee for search should be levied by Court, from the party and at whose instance the register is called for.- 8 - Ex-385/2015 COPYING FEES, GRANT OF COPIES ETC. Article ParticularsRate of Fees XIII(i) For copying documents in the Register Books besides the registration fee for each folio of 100 words or pa rt thereof.Rs. 5.00 (ii) For copying endorsements on documents other than the transcription of the stamp a nd the Stamp-Vendors endorsement: (a) In all cases ( other than Wills presented after the death of testator)Rs. 10.00 (b) In the case of Wills, presented after the death of Testa tor.Rs. 10.00 Not e: In reckoning the number of words, every figure, initial or a bbreviation shall count as a word. (iii) For scanning of documents besides the registration fee, for each page or part thereof.Rs. 10.00 XIV(i) For comparing print ed or t yped copies of printed or typed documents presented for registration for each folio of 100 words.Rs. 10.00 (ii) For filing each such copy.Rs. 10.00 XVFor photogr aphing documents for insertion in the registered books, besides the ordinary registration fees- i) For documents writ ten in manuscr ipt and typed document- a) for each page upto the size 41.9 cm. x 26.7 cm.Rs. 2.00 b) For each page of size larger than 41.9 cm. x 26.7 cm required to be photographed in pa rts.Rs. 5.00 EXPLANATION – 1) For the purposes of Articles XI, XII and XIII the expression “page” means one side of the sheet.” Note: If a party requests for a document to be photographed on priority ba sis, Rs. 100 shall be charged in addition to the regular photo copying fees, and if the party requests the document to be photographed on top priority basis; fees of Rs. 200.00 shall be charged, besides the regular photo copying fees. In respect of documents to be photographed on priority basis the document shall be returned within a period of 15 days from the date of receipt of the application through the concerned registration officer. XVIFor making or granting copies of entries a nd documents for the benefit of any person or to be for warded to any office under sections 65, 66 a nd 67 or for making or gr anting copies of reasons for r efusal by a Registrar under section 76 for each folio or fract ion of folio of 100 words.Rs.5.00 Not e: No fee for making copies of documents to be forwarded to any officer under sections 65, 66, 67 shall be payable in respect of duplicate or duplicates of a document presented for registration along with the original. XVIIExtr a copies from the preserved negatives shall be granted if the applicantRs.20.00 applies for t hem.per page Explanation: In this Article, the expression “ page” means one side of the sheet. XVIIIFor granting copies of map provided that the arra ngement for and the cos t of making such copy shall be made and borne by the person who applies for it.Rs.20.00 XIXGovernment officer s requir ing copies of entries of documents or map for bona fide public purposes shall be exempted from the payment of fees.- 9 -Ex-385/2015 Article XX: EXTRA OR ADDITIONAL FEES. (1)For copy pr epared under xerox system.Amount (in Rupees) (a) For each page up to the size of 30.5 cm. x 21.5 cm.5.00 (b) For each page of the size larger than the size, mentioned in (i) above, required to be copied in parts, for each part up to the size of5.00 30.5 cm. x 21.5 cm. Note 1: If the par ty requests for a Xerox copy on priority b asis, double t he above fee shall be cha rged; Note 2: No fee shall be leviable for granting copies of index II, in respect of a demand made at the time of registration of document, when the index is generated. If such a demand is subsequently made by the parties in writing, fee shall be leviable at the rates mentioned in clause (a) & (b) a bove, for granting copies. Explanation – In this Article, the expression “page” means one side of the sheet. (2)Extr a or Additional Fees: For registr ation of any document by a registrar under section 30 (1 ), in addition to the ordinary fees100.00 Not e: When the duty of registr ation of any document properly registerable, by sub-registrar is performed by the Registrar to whom he is subor dinate, owing to the former being a party to the transaction represented by such document or owing to the sub-registrar ’s ignorance of the English language in which a document is writ ten and presented to him and accompa nied by a true translation and true copy thereof, the extra fee will not be char ged. (3)For issuing a commission under section 33 or 38. (a) If the person is physically unable to attend the office or is confined to jail. 50.00 (b) otherwise100.00 (4)For filing t ranslation under section 62. 20.00 Note: The fee under this Article is not leviable when a document written in English is presented before a Sub-Registrar ignora nt of the language and is accompanied by a true copy and tr ue translation of the document. (5)Attendance at a pr ivate r esidence or ja il - 1) For every attendance at a private residence under sections 31, 33 and 38 – (a) Within the limits of Municipal Council.300.00 (b) Areas in the District Headquarters and of all other pla ces.200.00 2) For every attendance at Jail under sections 31, 33 and 38.100.00 Note 1: One single fee shall be levied irrespective of the number of documents of which business is transacted, pr ovided that a person, who is entitled to exemption from attending the registration office, was a party to each such document. Note 2:For every attendance at private residence of a nurse or female assistant, if required to a ccompany a Registering Officer to take the thumb impress ion of one or more female executants who are pardanashin or of high birth an extra fee at the same rates pr escribed in clauses (1) and (2) of this Article sha ll be charged, irresp ective of We number of documents registered at such p rivate attendance.”. (6)For the safe custody and r eturn of any document presented for registration and not cla imed by a person entitled to claim it (vide sub-section (2) of section 61 of the Act) within one month from date of receipt of notice under sub-rule (3) of rule 62 of the Mahara shtra Registra tion Rules 1961 an extra fee shall be leviable at the rate of Rs.25.00 for every month or part thereof after the first month from the date of notice. Provided however that, maximum fee payable under this Article for each document so required shall be Rs.25.00 Provided also that, a Registrar ma y, in his discr etion remit whole or in part fees leviable under this Article by himself or by a registering officer subor dinate to him in cases in which it appears to him tha t the levy of s uch fees would be productive of inju stice or hardship.- 10 - Ex-385/2015 Article XI: MEMORANDUM, ATTESTATION, SUMMONS, AND WARRANT FEES ParticularsAmount (1)For every copy of the memorandum to be sent under sections 64, 65 and 66.Rs.5.00 Not e: No fee shall be payable in respect of a duplicate or duplicates of a document presented for registra tion along with the original (2)For the authentication or a ttestation of a power of attor ney.Rs.25.00 (3)When under section 36 read wit h section 39 a pplication is made to issue; and deserve a summons or warrant, process fee of Re.1.00 and remuneration of the person summoned at the rate from to time prescribed for the lower grade of Civil courtRe.1.00 having jurisdiction over the place from which the summons or warrant is issued, shall be levied from the persons at whose instance, or in whose behalf, the application is made: Provided that, if more than one summons or warrant is to be served in the same town or village, the process fee leviable for each additional summons or war rant after the first shall be This Article applies mutatis muta ndis to summonses and warrants issued under section 75 of Act. The process fees shall be levied in Court fee st amps and the remuneration in cash. (4)One half of the registration fee and all the copying fee in respect of a document pr esented for registration which is withdrawn before the order of registration has been pa ssed and in respect of a document of which registration is finally refused shall be refunded. Not e: Any fine levied by the Registra r under section 25 is not to be refunded except under section 70 of the Registr ation Act, 1908. Similarly any fees levied for issuing commissions, summons, and for meeting attendance and traveling allowance charges shall not be r efunded, if they have been ear ned or disbur sed. (5)(a) A Government Department liable to pay registration charges is exempt from the payment of all fees pa ya ble under t he Table of F ees. b) In cases where the fees are payable par tly by a Government Department and pa rtly by some other party the exemption under clause (a ) shall extend to that part only which is pa yable by the Gover nment Dep art ment. Zothankhuma, Secr etary to the Govt. of Mizoram, Land Revenue & Settlement Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 11 -Ex-385/2015

Obituary of Pu P. Dokunga, Associate Professor, Department of Mizo, Govt. Aizawl College

VOL - XLIVISSUE - 381Date - 10/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Monday 10.8.2015 Sravana 19, S.E. 1937, Issue No. 381 OBITUARYDated Aizawl, the 1st August, 2015. With deep a nd profound sor row, the Government of Mizora m has learnt the prema ture demise of Pu P. Dokunga, Associate Professor, Department of Mizo, Govt. Aizawl College at 05:40AM on the 1st August, 2015 at Aizawl Hospital. Pu P. Dokunga, s/o Lalchhuma was born on 1st Mar ch, 1959. He joined his service as Lecturer under Aizawl College on 13.04.1988. He was promoted to Senior Lecturer with effect from 13.04.1996, and promoted to Selection Grade with effect from 01.04.2001. Finally, he was promoted to Associate Professor with effect from 01.01.2006. He was confirmed into the Government Service with effect fr om 21.07.1992. He served the Government of M izoram with utmost sincerity and devot ion to duty and endear ed himself to the Officers a nd Staff and always proved himself as conscientious and hard working Government Servant. The Government of Mizoram placed on record its appreciation of the sincere services rendered by Pu P. Dokunga and conveys its heartfelt sympathy to the bereaved family. He is survived by his wife - Biakengi and 3 (three) daughters. MAY HIS SOUL REST IN PEACE K. Lal Nghinglova, Commissioner & Secretary to the Govt. of Mizoram, Higher & Technical Education Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Subordinate Stenographers Service (Limited Departmental Examination) (Amendment) Regulations, 2015

VOL - XLIVISSUE - 382Date - 10/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Monday 10.8.2015 Sravana 19, S.E. 1937, Issue No. 382 NOTIFICATIONNo.A.12018/26/2003-P&AR(GSW)/B, the 3rd August, 2015.In ex ercise 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 Regulations to amend the Mizoram Subordinate Stenographers Service (Limited Depa rtmenta l Examination) Regula tions, 2004 (hereinaft er referred to as the Principal Regulations) notified vide No. A. 12018/26/2003-P&AR (GSW) dated 16.01.2004 and published in the Mizoram Gazette Extraordinary Issue No. 24 dated 22.01.2004, namely:- 1.Shor t title and (1) These Regulations may be called the Mizoram Subordinate S tenographers commencement Service (Limited Departmental Examination) (Amendment) Regulations, 2015 (2) These Regulations shall come into force from the date of publication in the Official Gazette 2. Amendment of (1) Sub-regulation (2) of Regulation 2 of the Principal Regulations shall be Regulation 2 substituted as follows, namely; “The date and venue of the examination shall be fixed by the Mizoram Public Service Commission” 3 Amendment of (1) Regulation 5 of the Principal Regulations shall be substituted as follows, Regulation 5 namely; “T he decision of t he Mizora m P ublic Service Commission as to the eligibility or otherwise of candidates for admission to the examina tion sha ll be final and no candidate to whom a certificate of admission has not been issued by the Mizoram Public S ervice Commission shall be a dmit ted to the examination” 4. Amendment of (1) Regulation 9 of the Principal Regulations shall be substituted as follows, Regulation 9 namely; “The Limited Depar tmental Examination for the post of Grade-II as well as direct recruitment for the post of Gra de-Ill s hall be conducted with the syllabus as set forth in Appendices below” (2) Appendix-II of Regulation 9 of the Principal Regulations shall be deleted and the previous Appendix-Ill r enumbered as Appendix-II” - 2 - Ex-382/2015 APPENDIX-I SYLLABUS FOR LIMIT ED DEPARTMENTAL EXAMINATION FOR THE POST OF PERSONALASSISTANTEnglish Stenography: (i)100 Words per minute for 3 minutes dicta tion given by a n expert in English Stenography, (ii)10 minutes for reconciliation, (iii)30 minutes for typing, (iv)Maximum permissible errors : 10% APPENDIX-II SYLLABUS FOR DIRECT RECRUITMENT EXAMINATION FOR THE POST OFST ENOGRAPHER GRADE-III(A)WRIT T EN EXAM INAT ION (to be conduct ed for t he purp ose of s electing candidates to be eligible for Speed Test in English Stenography only): SI. NoSubjectFull Marks Pass MarksTime 1.Gen. English100403 Hrs 2.Gen. Knowledge100403 Hrs (B)Candidates who qua lify themselves in the Written Examination shall b e called for Speed Test in English St enogra phy. (C)English Stenography: (i)80 Words per minute for 5 minutes dictation given by an expert in English Stenography, (ii)10 minutes for reconciliation, (iii)30 minutes for typing, (iv)Maximum permissible errors : 10% (D)Candidates who qualify themselves in English Stenography shall be called for Personal Interview. (E)PERSONAL INTERVIEW : 50 Marks By order s, etc. R. Malsawma, Joint Secretary to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100

The Mizoram Subordinate Stenographers Service (Amendment) Rules, 2015.

VOL - XLIVISSUE - 383Date - 10/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Monday 10.8.2015 Sravana 19, S.E. 1937, Issue No. 383 NOTIFICATIONNo.A.12018/26/2003-P&AR(GSW)/A,the 3rd August, 2015.In exercis e of the powers conferr ed by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following Rules to amend the Mizoram Subordinate Stenographers Service Rules, 2004 (hereinafter referred to as the Principal Rules) notified vide No. A. 12018/26/2003-P&AR (GSW) dated 16.01.2004 and published in the Mizor am Gazette Extr aordina ry Issue No. 23 dated 22.01.2004, namely:- 1.Shor t title and (1) These Rules may be called the Mizoram Subordinate Stenographers commencement Service (Amendment) Rules, 2015. (2) T hese Rules sha ll come into force from the date of publica tion in the Official Gazette. 2 Amendment of (1) Sub-rule (l)(b) of Rule 10 of the Principal Rules, shall be substituted Rule 10 as follows, namely; “50% of the posts in this grade shall be filled up by pr omotion from amongst the member of Stenographer Gra de-Ill with not less than 5 (five) years of regular service in the grade on the basis of seniority- cu m-merit a nd ar e duly recommended by the Departmenta l Pr omotion Committee” (2) Sub-rule (l)(c) and sub-rule (l)(d) of Rule 10 of the Principal Rules sha ll be deleted (3) Sub-rule (2)(b) of Rule 10 of the Principal Rules shall be substituted as follows, namely; “In order to be eligible to compete in direct recruitment examination for appoint ment to Grade-Ill, a candidate must be:- (i) A cit izen of India (ii) Graduate fr om a recognized Univer sity (iii) Holder of Diploma Certificate in English Stenogr aphy (iv) Between 18 yea rs t o 35 years. Upp er age limit is rela x able by 5 (five) years in case of SC/ST candidates - 2 - Ex-383/2015 (v) Having working knowledge of Mizo langua ge at least Middle School standard (vi) Computer knowledge of at least 6 (six) months in Computer Application consisting of (1) Microsoft Word (2) Microsoft Excel (3) Page Maker from Institutions recognized by the Mizoram State Council of Technical Education (MSCTE), Higher & Technical Education Department, Government of Mizor am” 3.Amendment of (1) Entries under Rule 13 of the Principal Rules shall be substituted, as Rule 13 follows, namely; “The Departmental Promotion Committee for direct recruitment and promotion to various grades of the Service shall be as constituted by t he Government from time to t ime” 4. Amendment of (1) Entries under Rule 14 of the Principal Rules shall be substituted as Rule 14 follows, namely; “The Pay Ba nd and Grade P ay attached to the gra des of the Service shall be as follows: l) Grade-II - PB-2 : ^ 9,300-34,800 + ^ 4400 GP 2) Grade-Ill - PB-2 : ^ 9,300-34,800 + ^ 4200 GP” By order s, etc R. Malsawma, Joint Secretary to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100

High Level Monitoring Committee

VOL - XLIVISSUE - 384Date - 10/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Monday 10.8.2015 Sravana 19, S.E. 1937, Issue No. 384 NOTIFICATIONNo.B.12012/2/2015-SWD, the 4th August, 2015.In supersession to this Department’s Notifications of even No. dated 03.08.2015, the Governor of Mizoram is pleased to re- constitute High Level Monitoring Committee, High Powered State Co-ordination Committee and Dra fting Committee on Comprehensive Drug Policy for Mizoram consisting of t he following members with immediate effect and until fur ther or ders. 1.High Level Monitoring C ommitteeChairman: Hon’ble Chief Minister, Mizoram Vice Chairman: Hon’ble Minister, Social Welfare Department M ember Secr et ar y : Secr etary, Socia l Welfare Depart ment Members: 1) Hon’b le Minis ter, Home Department 2) Hon’ble Minister, Health & Family Welfare Department 3) Hon’ble Minister, Excise & Narcotics Department 4) Hon’ble Minister, Law & Judicial Department 5) Hon’ble Minister, Education Department 6) Hon’ble Parliamentary Secretary, Social Welfare Department 7) Secr etary, Law & J udicia l Depart ment 8) Secr etary, Health & Family Welf are Dep artment . 9) Secr etary, Excise & Narcotic s Depart ment 10) Addl. Secretary, S ocial Welfare Department /Joint Secr etary, Socia l Welfare Depart ment 11) Dir ector, Socia l Welfar e Depart ment 2.High Powered State Coordination CommitteeChairman: Chief Secretary M ember Secr et ar y : Secr etary, Socia l Welfare Depart ment Members: 1) Secreta ry, Home Depa rtment. 2) Secr etary, Health & Family Welfare Department. 3) Secretary, Excise & Narcotics Department. 4) Secretary, Law & Judicial Department. 5) DGP, Mizoram. 6) Director, Social Welfare Department. 7) IGP (Prison), Mizoram. 8) Commander, 23 Sector Assam Rifles, Mizoram. - 2 - Ex-384/2015 9) Comma ndant, BSF, Mizoram. 10) Assistant Commissioner, Customs (Control), Department. 11) President, Central YMA. 3.Drafting Committee on Comprehensive Drug Policy for MizoramChairman: Secr etary, Socia l Welfare Depart ment Member Secretary : Dir ector, S ocia l Welfare Depart ment Members: 1) S.P.CID (Crime) 2) Dir ector, Hea lth Services 3) Commissioner, Excise & Na rcotics Department 4) Dy. Secretar y, Law & Judicia l Depart ment 5) Project Director, MSACS 6) Depu ty Controller of Drugs, Health & FW Department 7) Chief Executive Officer, MSD & RB 8) President, Central YMA 9) President, Mizoram Drugs Users Forum (MDUF) La lrinliana Fanai, Commr. & Secretary to the Govt. of Mizoram, Socia l Welfar e Depart ment.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Table of Registration Fees for registration of documents

VOL - XLIVISSUE - 385Date - 10/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Monday 10.8.2015 Sravana 19, S.E. 1937, Issue No. 385 NOTIFICATIONNo.A.46022/2/2013-REV, the 5th August, 2015.In exercise of the power conferred under section 78 of the Registra tion Act, 1908 (Act XVI of 1908) and in supersession of a ll previous notifications on the subject, the Governor of Mizoram is pleased to amend the following Table of Registration Fees for registration of documents under the said Act with immediate effect a s follows:- TABLE OF FEES Article I:ORDINARY FEE: (1) This Article shall apply to those documents on which registration fee is leviable on anad va lorem scale on the amount or va lue of the consideration or of the property to which the document relates. (2) The registr ation fee on the following documents shall be levied on an ad valorem sca le on the amount or value of the considera tion a s the case may be– Acknowledgment (not being of the nature described in Article III), Agreement for considera tion (See Note 7), Annuity Bonds (See Note 6), Awar d, Bond, Bill of Exchange, Bill of Sale, Lease (See Notes 4 and 8), Instr ument of Assignment, M ortgage (See Notes 1 and 2), Release for cons ideration (not being of the nature described in Article III), Sale, Transfer, any certified copy of a decree or order of Court. (3) The registr ation fee on the following documents shall be levied on a n ad va lorem scale on the amount or va lue of t he property. Composition-Deed, Par tnership-Deed, Declaration of Trust, Release other than one falling under (2) above or Article III, (4) The Registr ation fee on the following documents shall be levia ble on an ad-valorem scale on the market value of t he property on which s tamp duty is charged unless the su bject matter of the document is money only in which case, the registration fee shall b e leviable on the amount of money. Conveyance, Certificate of Sale, Exchange, Gift, Partition, Power of Attorney given for cons ideration or without consider ation a nd authorizing the attorney to sell the property, Sale Settlement a nd Transfer of lease by way of assignment. (5) The ad-valor em scale shall be – (a ) If the amount or value of the consideration or of the property to which such instrument rela tes is wholly express ed ther ein. - 2 - Ex-385/2015 Sl. No.ParticularsAmount of Fee(in Rupees) 1.When the amount of value does not exceed100.00 Rs. 20,000.00 2.When the amount of value exceeds0.5% subject to a maximum of Rs. 20,000.00Rs. 30,000.00 (b) If such amount or value is only pa rtly expressed, the sa me ad-valorem fee as a bove on the amount or value which is express ed and an additional fee of Rs. 25.00. (c ) If such amount or value is not expr essed a t all a fixed fee as under: Sl. No. ParticularsAmount of Fee (in Rupees) 1.In respect of immovable properties situated in the District Headquarters.1,000.00 2.In r espect of the immoveab le properties s ituated at any pla ce other500.00 than those mentioned in cla use 1 above. 3.In r espect of the deed of partnership750.00 4.In r espect of movea ble prop erty500.00 Note 1: Where property subject to a mortgage is sold to the mor tgagee the difference between the purchase money and the amount of the mortga ge in respect of such fee has already been pa id, sha ll be considered as the amount of cons ideration for the deed of sale provided the mortga ge deed is proved to t he satisfaction of the registering officer to have been duly registered and the fact of s uch registration is noted in the deed of sale. When there is no difference between the purchase money and the amount of mortgage the fee leviable shall be Rs.100.00 Note 2: The fee leviable upon a document purporting to give collatera l, auxiliary or additional or substit uted security or securit y by way of fur ther assurance, where the principal or primar y mortga ge is proved to the satisfaction of the registering officer to ‘ ha ve been duly r egistered shall be same as for the principa l or primary mor tgage if the same does not exceed Rs.100.00 otherwise it shall be Rs.100.00 Note 3: In the case of an instrument of Partit ion the value of the separated share or sha res on which stamp duty is leviable shall be deemed to be the amount or market value of the property to which such instrument r elat es . Note 4: In the case of leases, the amount or value of considera tion on which thead valorem fee is to be assessed shall be as follows:- 1. Wher e the rent is fixed and no fine or premium is paid The fee will be assessed- or money advanced, then, if the lease is granted,- (a) Where the lease purports to be for a term notFor the whole amount of rent or the amount exceeding three years.of average annual rent, whichever is lower. (b) Where the lease purports to be for a period inOn thrice the amount of average annual excess of t hree years but not more than ten years. rent . (c ) Where the lease purports to be for a period in excess On five times the amount of average of ten year s but not more than twenty nine years, annual rent. without renewal clause, contingent or otherwise. (d) Where the lease purports to be for a period inTen times of the amount average annual excess of twenty nine years or in perpetuit y orrent. does not purport to be for any definit e period or for lease for a period of ten years with renewal clause, ontingent or otherwise. 2Wher e the lease is granted for fine or premium orThe amount of such a fine or premium money advanced or to be advanced a nd where noor money advanced or to b e advanced. rent is fixed 3. Wher e the lease is granted for a fine or premium orThe amount of fine or premium or money money advanced or to be advanced in addition toadva nced or to be advanced, in addition rent fixed.to the fee which would have been paya ble on such lease, if no fine or premium or adva nce had been paid. “Explanation I :- Rent paid in adva nce shall be deemed to be premium or money advanced within the meaning of this Article, even if there is a provision t o set it off towards a ny inst allment or installments of rent.”; Expla nation II:- When a lessee undertakes to pay a ny recurring charges s uch as Government Revenue, Landlord’s share of cesses or the owner ’s share of municipal ra tes or taxes, which is by law recover able from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent. N. B:- If a patta or lease be given to a cultivator and the ka bulayat or cou nterpart of such patta or lease be - registered in the same office and on the same day as the pa tta or lease, the fee chargeable in respect of the two documents shall not be greater than the fee which would have been charged on the lease alone. Note 5:- For the tr ansfer of tenancy rights without consideration the fee sha ll be a s follows:- 1. For the properties mentioned in item (i) of sub-clause (c) of clause (4) of Article 1. Rs. 500.00 2. For the properties mentioned in item (ii) of sub-clause (c) of clause (4) of Article 1. Rs. 300.00 3. For the properties mentioned in item (iii) of sub-clause (c) of clause (4) of Article l. Rs. 200.00 4. For the properties mentioned in item (iv) of sub-clause (c) of clause (4) of Article l. Rs. 100.00 Note 6 - In case of an instrument executed to secure the payment of an annuity other sum payable periodically, the amount or value of the consideration on which the ad-valorem fee is to be assessed, shall be as follows :- Where the sum is payableThe fee will be assessed on (a) For a definite periodThe total amount to be paid during the period. (b) In p erpetuity or for an indefinite time notThe total amount payable during the first twenty years terminable with any life in being.calculated from the date on which the first payment becomes du e. (c) For an indefinite time terminable with any The total amount payable during the first twelve years life in being at the date of such instrument calculated from the date on which the first payment of conveyance.becomes du e. Note 7 - In the case of service bonds and agreements for the hire of moveable property, the amount or value of the consideration, on which the ad-valor em fee is to be assess ed, sha ll be a s follows :- If the service bond or a gr eement is gra ntedThe fee will be assessed on 1. For a period of a year or lessThe total a mount payable under the ser vice bond or agreement 2. For a definite period exceeding one yearThe average annual amount to be paid during the period 3. For an indefinite periodThe average annual amount to be paid during the first ten years.- 3 -Ex-385/2015 Note 8: If in any case the rent, remuneration or hire is payable partly in money and partly in kind and money, and the value of t he portion payable in kind is not expressed, the fee shall be charged at twice the amount of the ad-va lorem fee chargeable in respect of the amount payable in money; e.g. if the ad-valorem fee leviable on the amount payable in money is Rs.100.00, the total fee leviable in respect of the document would be Rs. 100.00 on the money va lue, plus Rs.100.00 for the pa yment in kind, if the rent or remunera tion is payable entirely in kind and, if the money value is not expressed, a fixed fee as is mentioned in Article 1(4)(c) shall be levied. Note 9: The fee on any instrument compr ising or relating to several distinct matters shall be the aggregate of t he fees with which separate instruments each comprising or relating to one of such matters, would be charged. Note 10: In respect of confirmation deed without consideration, an ad-valorem fee under Article-1, shall be charged on the document confirmed, in addition to a fee of Rs.100.00. In respect of such confirmation, for consider ation, an ad-va lorem fee under Article 1 shall be charged in addition to the fee leviable on a deed confir med. Note 11: In the ca se of power of attorney given without consideration to the mother, father, brother, sister, husband, wife, son, daughter, grandson, granddaughter or to near relative as defined under the Income Tax Act,1961 (43 of 1961), the amount of registration fee shall be Rs. 100.00 only. Note 12: In case of document pur por ting or operating to a ffect a contract for the sale of immovable property an ad-valorem fee shall be cha rged on the document. The document purporting or operating to transfer by way of sale of such pr operty and executed in pursua nce of the cont ract shall be treated as a supplementary document and shall be subject to an ad-valorem fee subject to maximum of Rs. 25.00 Except as otherwise provided in this Article, the provisions of clause (1) shall, so for a s may be, apply to docu ments which purport t o be or to operate as agreements for the tr ansfer any right, tit le, or interest in immovable property, otherwise tha n by way of sa le and to docu ments which pur port or operate to effect such transfers and are executed in pursuance of such agreements. Note 13:In case of documents purporting or operating t o affect a contract for the sale of immoveable property, a n ad-va lorem fee shall be cha rged on the document. The document p urporting or operating to transfer, by way of sale of such property and executed in pursuance of the said contract, shall be treated as a supplementary document and shall be accordingly charged with the fee, subject to a maximum of Rs.100.00 Note 14: No fee shall be payable in respect of the registration of the following documents, namely, (1) Docu ments executed by or in favour of the State Government, to which as such, no stamp duty is leviable under the law for the time being in force (vide Sec 3 proviso of the Indian Stamp Act) (2) Security bonds and penalt y bonds executed in favour of the State Government or local authorities by public servants of all classes and their sureties. (3) Mortgage bonds executed by Gover nment employees in favour of the Sta te Government as security for House Building Advances. (4) Instr uments executed by persons ta king a dva nces under the Agricult ura l Loans Act, or by their sureties as securit y for the payment of such advances. (5) Security bonds executed by students or their sur eties in favour of the State Government binding themselves to enter Government service on the completion of their studies. (6) Any society registered or deemed to be r egistered under the Mizoram Co-opera tive Societies Act 1991 is exempted fr om paying the following fees payable, namely :-- 4 - Ex-385/2015 (a ) All fees pa yable by or on behalf of any Co-operative Society for the time being registered or deemed to be regist ered under the Act. (b) All fees payable in respect of any instruments executed by an officer or member of such society and relating to the business thereof, with exemption of the following fees, namely :- (1) Fees for attendance at a private residence. (2) Safe custody fees for unclaimed documents. (3) Fees for issuing summons a nd commissions and (4) Fees for delay in the presentation of documents or in the appearance of parties. (7) Bonds executed by Non-Gazetted or menials staff or the State Government for the due performance of t heir duties and bond; or mor tgage deed executed by private parties as security to the Government for the due performances of their duties. (8) Mortgage deeds executed by Government employees for securing t he repa yment of advances received by them from the Government for the purchase of a motor boat, motor cycle, a horse, a cycle or a typ e writ er. Note 15: No fee sha ll be payable in- resp ect of registr ation of agreements including hypothecation and mortgage deeds executed by persons in respect of loans received by them from Mizor am State Khadi and Villa ge Industries Board. Note 16: No fee shall be payable in the whole of the Sta te of Mizoram, in resp ect of registration of mortgage deeds or letters of guar antee or such other instruments execu ted by t he beneficiar ies of the families living below poverty line, under the Pr imary Sector S econdary Sector and Tetiary Sector of the Integrated Rural Development Pr ogramme, for subsidy given by the State Government or for securing repa yment of loans given for purposes under the said programme by the Ba nks. Note 17: No fee in excess of Rupees Twenty shall be payable in r espect of registration of any instruments including mortgages, letter of guarantee hypothecation, pledge, cash, credit agreement, acknowledgement of debts and any document in connection with renewal of modifica tion executed by the following categories of borrowers and their guarantor s for securing repayment of a ny loans advanced to them by the ba nks, namely; (1) Persons given loans upto R upees ten thousand only for starting ancillar y agricultural occupations such as dairy, poultry, piggery and such other occupations; (2) Educated unemployed persons whose family income does not exceed the financial limit p er annum is laid down by Government under Employment P romotion Progra mme; (3) Beneficiaries from the families living b elow the poverty line, under the Int egrated Rural Development Programme, for subsidy given by the State Government or for securing repayment of loa n given for the purposes under the said progr amme by the Ba nks. Explanation : For the pur poses of this Notification- Then ‘Bank’ includes all Public Sector Ba nks, Regional Rural Banks, all District Co-operative Banks, Land Development Banks a nd Private Scheduled Banks implementing Rur al Development Programme,; Note 18: No registration fees shall be payable in respect of registration of agreements including hypothecation and mortgage deeds executed by persons in respect of loa ns received by them from Khadi and Village Indu stries Commission ,New Delhi or by the branches of the commission constituted under the Khadi and Village Indu stries Commission Act (61 of 1956) Note 19: Release among a family members a nd gift to family members a fee subject to a maximum of Rs.500.00- 5 -Ex-385/2015 Explanation:Family in r elation to these purposes means father, mother, husband, wife, son, daughter, daughter-in-law, gr and parents, gra nd children, br others and sisters. ArticleII. For the registration of a surrender of lease, t he same fee as for the lease surrendered, if the same does not exceed Rs.100.00, otherwise Rs.100. Article III. This Article shall apply to documents on which fee shall be calculated according to the ad- valorem sca le in ‘Article-1, subject to a certain maximum Registration fee calcula ted according to ‘the ad- valorem scale, subject to a maximum of Rs.100, shall be levied on the following documents, namely. (a ) Docu ments which acknowledge merely the payment of the consideration for some other docu ment which is also a registered document which acknowledges the receipt of the cons ideration expressed in a previous registered document but not paid at the time of the execution of such document, where full ad-valorem fee has, under Article 1, been levied in respect of such previous document; (b) Re-conveyance and releases, executed on the sa tisfact ion of liens in mortgages which are previously registered a nd on which full ad-valorem fees have been levied; (c ) docu ments a cknowledging the receipt of installments on account of mortgages which are registered and on which full ad-valorem fee has been levied; (d) revocation of trus t or set tlement (see Note 1 below); ( e) duplicate or duplicates presented for registration with the original document or documents, on the same day; (f) Duplicates not presented for registration with the original docu ment or documents on the same day, but on which refer ence to registr ation of the original document or documents is quoted; (g) Release as executed in pursuance of some other document on which full a d-valorem fee a s in Article 1 ha s been paid (s ee Not e 2 below). Docu ment which acknowledges merely the payment of the consideration for some other docu ment which is also registered Document which acknowledges the receipt of the consideration exp ressed in a previous registered document but not paid at the time of the execution of such document; where full ad- valorem fee has under Article I, been levied in respect of such previous document; Re-conveyance and Releases executed on the s atisfact ion of liens in mortga ges which are previously registered and on which full ad-va lorem fees ha ve been levied; Docu ments a cknowledging the receipt of installments on account of mortgages which are registered and on which full a d-valor em fee has been levied; Documents acknowledging the receipt of installments on account of mortgages which are registered and on which full ad-valorem fee has been levied; Revoca tion of Trust or Settlement (See Note 1 below); Duplicate or Duplicates not presented for registration with the original document or documents on the same day; Duplicates not presented for registration with the original document or documents on the same day but on which reference to registra tion of the or iginal document or documents is quoted; Release executed in p ursuance of some other document on which full ad-va lorem fee in Ar ticle I has been paid (see Note 2 below). Note 1 - The revocation of Trust or Settlement mentioned in this Article is one executed in pursuance of a power to revoke reserved in the origina l registered deed of Trust or Settlement and a par tial revocation of Trust or Settlement executed otherwise than in pursuance of such power. Note 2 - Release executed in pursuance of another docu ment includes release by trustees in favour of beneficiaries and vice-ver sa, release by settlee in favour of settlors and similar nature.- 6 - Ex-385/2015 Note 3 - In case of a release the amount or value of the interest or claim released will always be less the amount or value of the pr operty over which a claim is released. In s uch cases if the amount or value of the cons ideration for the release is not shown, the registration fee sha ll be levied according to the ad-valorem scale in Article I but subject to maximum of the amount of fee chargeable under Article I (4) (c). Note 4 - The fee leviable upon a document of benami transfer by benamider in favour of real owner executed in pursuance of document previously registered shall be charged on a ad-valorem sca le on the a amount or va lue of the consideration of the property declared a s trust subject to maximum of Rs.100, and Rs.100, on the transfer of such property under Article III. Article IV. This, Article sha ll apply to documents on which fixed fee is to be levied, a fixed registration fee of R s.100 shall be levied, for the registr ation of the following documents,- (1) Docu ments seeking t ransfer of tenancy rights without consideration; (2) Power of Attorney not being of the nature described in clause (4) of Article I above; (3) Writing of divorcement, a certificate of heirship, gua rdianship, administra torship or executorships; (4) A notice of pendency of suit or proceeding referred to in section 52 of the Transfer of Pr operty Act, 1882; (5) Revocation of trust or sett lement (see note 2 below); (6) Dissolution of partnership; (7) Agreement of pre-emption in a partition deed, or in a lease apportionment of property, adoption deed; (8) Decla ration of tr ade-ma rk, decla ration, Agreement, of easement, where amount or value of cons ideration is not shown; (9) Documents which do not fa ll within any other Article of the said Ta ble. Note 1 – Where ad-valorem fee on the property to which such Trust deed relates has once been paid on the registr ation of a deed appointing a body of trustees for the management of any property and a subsequent deed appointing one or mor e Trustees in addition to or in place of some of t hose appointed as above is presented for registration, such subsequent deed shall be liable to fixed fee of Rs.100 under this Article. Note 2 – The revocation of Trust or Settlement mentioned in this Article is one where a previously registered Trust or Settlement is wholly revoked otherwise than in pursuance of a power to revoke – reserved in the original deed of Trust or Settlement. WILLS AND AUTHORITIES TO ADOPT: Article ParticularsAmount of Fees (in Rupees) VFor registra tion of an Adoption deed or Authority to adopt not200.00 conferred by a Will VIFor registra tion of a will when pr esented open100.00 VIIFor cancelling a Will100.00 VIIIFor deposit of a sealed cover Containing a will, besides the expenses of copying the superscr iption or contents a ccording to 100.00 rate laid down in Article XI. IXFor opening of sealed cover besides the expenses of copying the 50.00 superscription or contents according to ra te laid down in Article XI. XFor Withdrawal of a sealed cover. 100.00- 7 -Ex-385/2015 Article XI: RE-REGISTRATION OF DOCUMENTS: For the re-r egistra tion of a document under section 24 of the The same fee as for the r egistra tion Registration Act, 1908.of such docu ment Article XII: SEARCHES AND INSPECTIONS: Particulars Amount of Fees (in Rupees) (1)The fee paya ble for search for an inspection of a single entry or a docu ment sha ll be: (a ) For the fir st year in the books of which search is made for each entr y or docu ment .25.00 (b) For every additiona l year in the books of which search is continued for each entry or docu ment.25.00 (2)The fee payable for a general search for an inspection of any number of entries or a documents relating to one and the same property or executed by or in fa vour of one and the same individual shall be:25.00 (a ) For the fir st year in the books of which sear ch is made.25.00 (b) For every other year in t he books of which search is continued.10.00 Note 1: For the purpose of clause (2) of this Article, the determina tion of one and the same property s hall be with reference to the ownership at t he time of the applica tion for a cer tificate of encumbrance, but the following ma y in ea ch case be treated as one and the same property: (i) A single survey field or a house, owned by mor e than one per son, (ii) Lands used for wet and dry cultivation situated in the same village and owned by one person or jointly by two or more persons whether the parcels be contiguous to one another or not, (iii) A field or a garden and the house situated in it, (iv) Building or houses described as being situated within the same boundaries and forming together one property. Note 2: If in any application for a copy of an entry or for inspection or sear ch of a n entry, the na ture of the docu ment, the date of registration, the register and volume in which it is cop ied and its number in such volume are shown in the application by a person who is interested in the entry or document, no fee for search or inspection of the indices shall be levied. But in cases where the particulars furnished by the applicant ar e incor rect and a sear ch or inspection becomes necessary, the necessary fees should be levied. Note 3: Government Officers requiting to search or inspect the Register books or Indexes for bona fide public purposes shall be exempt from the payment of fees. Note 4: A requisition for informa tion fr om any Court or Revenue authority shall if it necessitates search in the register, be accompanied by the necessary fee for search, but officers of Government shall be permitted to see or inspect for bonafide public p urposes, the r egister Books and indices without fees. Note 5: When a Register Book is called for by a ny cour t, the fee for search should be levied by Court, from the party and at whose instance the register is called for.- 8 - Ex-385/2015 COPYING FEES, GRANT OF COPIES ETC. Article ParticularsRate of Fees XIII(i) For copying documents in the Register Books besides the registration fee for each folio of 100 words or pa rt thereof.Rs. 5.00 (ii) For copying endorsements on documents other than the transcription of the stamp a nd the Stamp-Vendors endorsement: (a) In all cases ( other than Wills presented after the death of testator)Rs. 10.00 (b) In the case of Wills, presented after the death of Testa tor.Rs. 10.00 Not e: In reckoning the number of words, every figure, initial or a bbreviation shall count as a word. (iii) For scanning of documents besides the registration fee, for each page or part thereof.Rs. 10.00 XIV(i) For comparing print ed or t yped copies of printed or typed documents presented for registration for each folio of 100 words.Rs. 10.00 (ii) For filing each such copy.Rs. 10.00 XVFor photogr aphing documents for insertion in the registered books, besides the ordinary registration fees- i) For documents writ ten in manuscr ipt and typed document- a) for each page upto the size 41.9 cm. x 26.7 cm.Rs. 2.00 b) For each page of size larger than 41.9 cm. x 26.7 cm required to be photographed in pa rts.Rs. 5.00 EXPLANATION – 1) For the purposes of Articles XI, XII and XIII the expression “page” means one side of the sheet.” Note: If a party requests for a document to be photographed on priority ba sis, Rs. 100 shall be charged in addition to the regular photo copying fees, and if the party requests the document to be photographed on top priority basis; fees of Rs. 200.00 shall be charged, besides the regular photo copying fees. In respect of documents to be photographed on priority basis the document shall be returned within a period of 15 days from the date of receipt of the application through the concerned registration officer. (4)For making or granting copies of entries a nd documents for the benefit of any person or to be for warded to any office under sections 65, 66 a nd 67 or for making or gr anting copies of reasons for r efusal by a Registrar under section 76 for each folio or fract ion of folio of 100 words.Rs.5.00 Not e: No fee for making copies of documents to be forwarded to any officer under sections 65, 66, 67 shall be payable in respect of duplicate or duplicates of a document presented for registration along with the original. (5)Extr a copies from the preserved negatives shall be granted if the applicantRs.20.00 applies for t hem.per page Explanation: In this Article, the expression “ page” means one side of the sheet. (6)For granting copies of map provided that the arra ngement for and the cos t of making such copy shall be made and borne by the person who applies for it.Rs.20.00 (7)Government officer s requir ing copies of entries of documents or map for bona fide public purposes shall be exempted from the payment of fees.- 9 -Ex-385/2015 Article XI: EXTRA OR ADDITIONAL FEES. (1)For copy pr epared under xerox system.Amount (in Rupees) (a) For each page up to the size of 30.5 cm. x 21.5 cm.5.00 (b) For each page of the size larger than the size, mentioned in (i) above, required to be copied in parts, for each part up to the size of5.00 30.5 cm. x 21.5 cm. Note 1: If the par ty requests for a Xerox copy on priority b asis, double t he above fee shall be cha rged; Note 2: No fee shall be leviable for granting copies of index II, in respect of a demand made at the time of registration of document, when the index is generated. If such a demand is subsequently made by the parties in writing, fee shall be leviable at the rates mentioned in clause (a) & (b) a bove, for granting copies. Explanation – In this Article, the expression “page” means one side of the sheet. (2)Extr a or Additional Fees: For registr ation of any document by a registrar under section 30 (1 ), in addition to the ordinary fees100.00 Not e: When the duty of registr ation of any document properly registerable, by sub-registrar is performed by the Registrar to whom he is subor dinate, owing to the former being a party to the transaction represented by such document or owing to the sub-registrar ’s ignorance of the English language in which a document is writ ten and presented to him and accompa nied by a true translation and true copy thereof, the extra fee will not be char ged. (3)For issuing a commission under section 33 or 38. (a) If the person is physically unable to attend the office or is confined to jail. 50.00 (b) otherwise100.00 (4)For filing t ranslation under section 62. 20.00 Note: The fee under this Article is not leviable when a document written in English is presented before a Sub-Registrar ignora nt of the language and is accompanied by a true copy and tr ue translation of the document. (5)Attendance at a pr ivate r esidence or ja il - 1) For every attendance at a private residence under sections 31, 33 and 38 – (a) Within the limits of Municipal Council.300.00 (b) Areas in the District Headquarters and of all other pla ces.200.00 2) For every attendance at Jail under sections 31, 33 and 38.100.00 Note 1: One single fee shall be levied irrespective of the number of documents of which business is transacted, pr ovided that a person, who is entitled to exemption from attending the registration office, was a party to each such document. Note 2:For every attendance at private residence of a nurse or female assistant, if required to a ccompany a Registering Officer to take the thumb impress ion of one or more female executants who are pardanashin or of high birth an extra fee at the same rates pr escribed in clauses (1) and (2) of this Article sha ll be charged, irresp ective of We number of documents registered at such p rivate attendance.”. (6)For the safe custody and r eturn of any document presented for registration and not cla imed by a person entitled to claim it (vide sub-section (2) of section 61 of the Act) within one month from date of receipt of notice under sub-rule (3) of rule 62 of the Mahara shtra Registra tion Rules 1961 an extra fee shall be leviable at the rate of Rs.25.00 for every month or part thereof after the first month from the date of notice. Provided however that, maximum fee payable under this Article for each document so required shall be Rs.25.00 Provided also that, a Registrar ma y, in his discr etion remit whole or in part fees leviable under this Article by himself or by a registering officer subor dinate to him in cases in which it appears to him tha t the levy of s uch fees would be productive of inju stice or hardship.- 10 - Ex-385/2015 Article XI: MEMORANDUM, ATTESTATION, SUMMONS, AND WARRANT FEES ParticularsAmount (1)For every copy of the memorandum to be sent under sections 64, 65 and 66.Rs.5.00 Not e: No fee shall be payable in respect of a duplicate or duplicates of a document presented for registra tion along with the original (2)For the authentication or a ttestation of a power of attor ney.Rs.25.00 (3)When under section 36 read wit h section 39 a pplication is made to issue; and deserve a summons or warrant, process fee of Re.1.00 and remuneration of the person summoned at the rate from to time prescribed for the lower grade of Civil courtRe.1.00 having jurisdiction over the place from which the summons or warrant is issued, shall be levied from the persons at whose instance, or in whose behalf, the application is made: Provided that, if more than one summons or warrant is to be served in the same town or village, the process fee leviable for each additional summons or war rant after the first shall be This Article applies mutatis muta ndis to summonses and warrants issued under section 75 of Act. The process fees shall be levied in Court fee st amps and the remuneration in cash. (4)One half of the registration fee and all the copying fee in respect of a document pr esented for registration which is withdrawn before the order of registration has been pa ssed and in respect of a document of which registration is finally refused shall be refunded. Not e: Any fine levied by the Registra r under section 25 is not to be refunded except under section 70 of the Registr ation Act, 1908. Similarly any fees levied for issuing commissions, summons, and for meeting attendance and traveling allowance charges shall not be r efunded, if they have been ear ned or disbur sed. (5)(a) A Government Department liable to pay registration charges is exempt from the payment of all fees pa ya ble under t he Table of F ees. b) In cases where the fees are payable par tly by a Government Department and pa rtly by some other party the exemption under clause (a ) shall extend to that part only which is pa yable by the Gover nment Dep art ment. Zothankhuma, Secr etary to the Govt. of Mizoram, Land Revenue & Settlement Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 11 -Ex-385/2015

The Mizoram Health Service commencement Rules, 2015

VOL - XLIVISSUE - 386Date - 11/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 11.8.2015 Sravana 20, S.E. 1937, Issue No. 386 NOTIFICATIONNo.A.12018/18/2012-P&AR(GSW), the 3rd August, 2015. In exercise of the power s conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following Rules to amend the Mizor am Health Service Rules, 2009 (hereinafter referred to as the Principal Rules) notified vide No. A. 12018/18/2003-P&AR (GSW) dated 16th February, 2010 and published in the Mizoram Gazette Vol. XXXIX Extraordinary Issue No. 33 dated 17th February, 2010, as amended from time to time,namely:- (1) Shor t title and(1) Thes e Rules may be called the Mizor am Health S ervice (Amendment) commencementRules, 2015 (2) These Rules sha ll come into for ce from the date of publication in the Official Gazette 2.Amendment ofIn the Principal Rules,sub-rule (4) of Rule 2 shall be substituted by the Rule 2following, namely, “Controlling Authority” means the Secretary of the Department of Health & Fa mily Welfare which shall include Principa l Secretary, Commissioner & Secretary or Special Secretary appointed as Head of the Administra tive Department”. 3.Amendment ofIn t he Principal Rules, the first proviso under sub-rule (3) of Rule 13 shall Rule 13be substituted by the following, namely, “Provided that the upper age limit for entry into the service by direct recr uitment sha ll b e as pr escribed in Schedule- III of t hese Ru les” 4.Amendment ofIn the Principal Rules,the proviso under sub-rule (1) of Rule 15 shall be Rule 15substituted by the following, namely, “Provided that the inter-s e seniority of members of Specialist Sub-Ca dre, Public Health Sub-Cadre and Dental Specialist Sub-Cadre, appointed before the commencement of the Principal Rules a nd whose Senior ity have not yet been fixed, shall be determined in a ccordance with the da te of entry into the service with Post Gradua te Degree or one year later fr om the date of entry int o the service with Post Gradua te Diploma or 5 (five) years later from the date of entry into the service a s Grade III (i. e. Medical Officer/ Dental Surgeon) on r egular basis, whichever is earlier” - 2 - Ex-386/2015 5.Amendment ofIn t he Principal Rules, thefourth proviso under Rule 26 shall be substit uted Rule 26by the following, namely, “Provided further t hat a member of the service, irrespective of those who acqu ir ed Gr aduate degree or Post Doctoral Degree/Pos t Gradu ate Degree/ Post Gradua te Diploma, before commencement of the Principal Rules shall be allowed non-functional promotion to Grade II, Grade-I and Special Grade of MHS, as the case may be, on completion of consecutive 5 (five) years in each gra de of the Service. However, monetary benefit for retrospective non-functional promotion pr ior to commencement of the Principal Rules shall not be given” 6.Amendment ofIn the Principal Rules,a new proviso shall be added under sub-rule (1) of Rule 27Rule 27 as follows, namely, “Provided that a member of the service whoacquired Post Doctoral Degree/ Post Graduate Degree/Post Graduate Diploma after commencement of the Princip al rules shall be allowed to opt for allocation t o Grade I of Super Specialist Sub-Cadre or Grade II of S pecialist Sub-C adre/Dental Specialist Sub-Cadre/Public Health Sub-Cadre, as the case may be, subject to availability of vacant post(s) in such gra des” 7.Amendment ofIn the Principal Rules,Schedule I, II, III & V shall be substituted by the Schedule I, II, III & V following, namely, 3 SCHEDULE-I (See Rule 4) Grade, Designation and Pay Band & Grade Pay of Posts included in Mizoram Health Service Sl. No.GradeDesignationPay Band & Grade Pay1) Supertime Grade ‘A’ 1. Principal DirectorPB-4`37,400-67,000 +`9500 GP2) Supertime Grade ‘B’ 1. Director of Health Services 2. Director of Hospital & Medical EducationPB-4`37,400-67,000 +`8900 GP3) Special Grade1. Joint Director 2. Principal Medical Officer 3. Medical Superintendent 4. ConsultantPB-3`15,600-39,100 +`7600 GP4) Grade-I1. Chief Medical Officer 2. District Medical Superintendent 3. Medical Superintendent 4. Deputy Director 5. Senior Specialist 6. Senior Dent al SpecialistPB-3`15,600-39,100 +`7100 GP5) Grade-II1. Assistant Director 2. Senior Medical Officer 3. Specialist 4. Dental Specialist 5. Senior Dent al SurgeonPB-3`15,600-39,100 +`6600 GP6) Grade-III1. Medical Officer 2. Dental Surgeon 3. Medical Officer (AYUSH)PB-3`15,600-39,100 +`5400 GP 4 SCHEDULE II Authorised Cadre Strength of Mizoram Health Service (See Rule 7) A. AUTHORISED DUTY POST OF MHS: I. SupertimeGrade‘A’ Sl. NoDesignationNo. of Posts1. Principal Director1Total1II. Supertime Grade‘B’ Sl. NoDesignationNo. of Posts1. Director of Health Services12. Director of Hospital & Medical Education1Total2III. GDMO Sub-Cadre Sl. NoGradeDesignationNo. of PostsJoint Director of Health Services (Planning)1Joint Director of Health Services (Family Welfare)11 Special Grade Joint Director of Health Services (Malaria)1Sub Total3Chief Medical Officer9Deputy Director of Health Services (General)1Deputy Director of Health Services (Central Medical Store)1Deputy Director of Health Services (Family Welfare)1Deputy Director of Health Services (Malaria)1Deputy Director of Health Services (Blindness)12 Grade-I State Leprosy Officer1Sub Total15Assistant Director (School Health)13 Grade-II Assistant Director (Extend1 5 Programm eof Im munization)District Immunization Officer, Aizawl/ Lunglei/Saiha District3District Leprosy Officer, Lunglei1District T.B. Officer, Zemabawk T.B. Hospital1District T.B. Officer, Lunglei1District Family Welfare & Medical Officer1Senior Medical Officer (Leprosy)1Senior Medical Officer, Aizawl West/ East2Senior Medical Officer, Lunglei/ Tlabung/Saiha/Champhai/Chawngte5Senior Medical Officer, 1st Bn. M.A.P.1Senior Medical Officer, Civil Hospital, Aizawl1Sub Total19Medical Officer140Medical Officer, 1st Bn. M.A.P.1Medical Officer, 2nd Bn. M.A.P2Medical Officer, 3rd Bn. M.A.P.1Medical Officer, 1st / 2nd/ 3rd /4th / 5th Bn. I.R.5Medical Officer, Central Jail, Thanhril1Medical Officer, Home Guard1Medical Officer, Social Welfare (ICDS)1Medical Officer, PTC1Medical Of fic er, Regio nal Cancer Centre2Medical Officer, Trauma & Accident Centre, Serchhip1Medical Officer, Trauma & Accident Centre, Kolasib1Medical Officer, District Jail, Lunglei, Champhai, Kolasib3Special Officer (Malaria)14 Grade-III Medical Officer, State Referral Hospital, Falkawn8Sub Total169Total of GDMO Sub-Cadr e206 6 IV. Public Health Sub-Cadre Sl. NoGradeDesignationNo. ofPosts1 Special GradePrincipal Medical Off icer12 Grade-INil3 Grade-IISpecialist (Non-clinical)9Total of Public Health Sub-Cadre10V. Specialist Sub-Cadre: Sl. No.GradeDesignationNo. ofPostsJoint Director, Hospital & Medical Education2Consultant3Medical Superintendent, Civil Hospital, Aizawl11Special Grade Medical Superintendent, State Referral Hospital, Falkawn1Sub Total7Senior Specialist21Medical Superintendent, District Hospital3Medical Superintendent, Kulikawn Hospital1Deputy Medical Superintendent, State Referral Ho spital, Falkawn12Grade-I Deputy Director, Hospital & Medical Education2Sub Total283Grade-IISpecialist84Sub Total84Total of Specialist Sub-Cadre119VI. Super-Specialist Sub-Cadre: Sl. NoGradeDesignationNo. ofPosts1. Special GradeNil2. G rade-INilTotal of Super Specialist Sub-CadreNil 7 VII. Dental Surgeon Sub-Cadre: Sl. NoGradeDesignationNo. ofPosts1. Special GradeNil2. Grade-INil3. Gr ade-IISenior Dental Su rgeon54. Grade-IIIDental Surgeon23Total of Dental Surgeon Sub-Cadre28VIII. Dental Specialist Sub-Cadre: Sl. NoGradeDesignationNo. ofPosts1. Special GradeNil2. Grade-INil3. Gr ade-IINilTotal of Dental Specialist Sub-CadreNilIX. AYUSH Sub-Cadre: Sl. NoGradeDesignationNo. ofPosts1. Special GradeNil2. Grade-INil3. Gr ade-IINil4. Grade-IIIMedical Officer (AYUSH)11Total of AYUSH Sub-Cadr e11(A) TOTAL DUTY POSTS (I – IX) = 377 (B) RESERVES: 1. Deputation reserve5% of 377 =19 2. Training reserve5% of 377 =19 3.Leave reserve5% of 377 =19 Total reserves=57 Effective strength of the service (A+B)=434 8 SCHEDULE – III (See Rule – 8) Minimum education and other qualifications, experience and age limit for direct recruitment to duty posts in the Mizoram Health Service. Sl. No.Name of the postAge LimitMinimum Educational and other qualifications required1General Duty Medical Officer Sub-Cadre posts:Grade IIIBetween 18 and 35 years. Up per age limit relaxable up to 5 years for SC/ST(i) MBBS Degree from recognized university. (ii) Completion of compulsory rotat ing internship; candidates who may not have completed rotating internship shall be eligible to appear for the written examination provided that, if selected, he/she shall have satisfactorily completed the compulsory internship before the appointment. (iii) Permanent registration from a recognized National or State Medical Council (iv) Preference to be given for those who have rendered prior ru ral area service. (v) Working knowledge of Mizo language at least Middle School standar d2.Public Health Sub-Cadre posts:Grade IIBetween 18 and 40 years. Upper age limit relaxable up to 5 years for SC/ST(i) MBBS Degree from r ecognized University. (ii) Post-graduate degree or equivalent in the required area of Public Health mentioned in Schedule – IV OR Post-graduate diploma or equivalent with at least one year exp erience in the concerned area of Public Health mentioned in Schedule – IV or equivalent. (iii) Permanent registration from a recognized National or State Medical Council. (iv) Working knowledge of Mizo language at least Middle School standar d 9 3.Specialist Sub-Cadre posts:Grade IIBetween 18 and 40 years. Upper age limit relaxable up to 5 years for SC/ST(i) MBBS Degree from r ecognized University. (ii) Post-graduate degree or equival ent in the co ncerned speciality mentioned in schedule IV OR Post-graduate diploma or equival ent with at least 1 (One) year exp erienc e in th e concerned speciality mentioned in schedule IV or equivalent (iii) Permanent registration from a recognized National or State Medical Council. (iv) Working knowledge of Mizo language at least Middle School standar d4.Super Specialist Sub-Cadre posts:Grade - IBetween 18 and 40 years. Upper age limit relaxable up to 5 years for SC/ST(i) MBBS Degree from recognized University. (ii) Post-doctoral qualification mentioned in Schedule – IV or equivalent. (iii) Permanent registration from a recognized National l or State Medical Council. (iv) Working knowledge of Mizo language at least Middle School standar d5.Dental Surgeon Sub-Cadre postsGrade IIIBetween 18 and 35 years. Upper age limit relaxable up to 5 years for SC/ST(i) BDS Degree from recognized University. (ii) Permanent r egistration from a recogniz ed N ational or State Dental Council. (iii) Working knowledge of Mizo language at least Middle School standar d6.Dental Specialist Sub-Cadre posts:Grade IIBetween 18 and 40 years. Upper age limit relaxable up to 5 years for SC/ST(i) BDS Degree fr om rec ognized University. (ii) Post-graduate degree (MDS) or equivalent in the relevan t speciality mentioned in schedule IV OR Post-graduate diploma or 10equivalent wi th at le ast 1 (one) year experience in the concerned speciality mentioned in schedule IV or equivalent (iii) Permanent registration from a recognized National or State Dental Council. (iv) Working knowledge of Mizo language at least Middle School standar d7.AYUSH Sub-Cadre posts: Grade IIIBetween 18 and 35 years. Upper age limit relaxable up to 5 years for SC/ST(i) Bachelor of Homeopathic Medicine & Surgery (BHMS)/Bachelor of Ayurvedic Medicine & Su rgery (BAMS)/ Bachelor of Unani Medicine & Surgery (BUMS) Degree holder from University recognized by Central Homeopathic/Ayurvedic/Unani Council of India. (ii) Completion of compulsory rotating internship. (iii) Permanent registration from a recognized National or State Council. (iv) Working knowledge of Mizo language at least Middle School standard 11 SCHEDULE – V (See Rule 26) The method of promotion and other qualifications, experience and minimum qualifying service in th e immediate lower grade or lower grades for appointment or promotion of officers to the duty posts/ non-functional posts in the Mizoram Health Service Rules, 2009, shall be as prescribed hereunder.Sl. No.Nam e of the postMethod of PromotionMinimum Educational and other qualifications required1Supertime Grade ‘A’ (Princi pal Director)Promotion by selectionOfficers in Supertime Grade ‘B’ wi th 2 (two ) years of regular service in the grade failing which Officers in Supertime Grade ‘B’ wh o h ave complet ed 25 ( tw enty five) year s of reg ular service calculated from the date of entry to the duty post s of MHS2Supertime Grade ‘B’ (Director of Health Services)Promotion by selectionOfficers in Special Grade of GDMO Sub-Cadre or Public Health Sub-Cadre with 6 (six) years of regular service in the grade failing which Officers in Special Grade of GDMO Sub- Cadre or Public Health Sub- Cadre who have completed 20 (twenty) years of regular service calculated from the date of entry to the duty posts of MHS out of which at least 2 (two) years of regular service in Special Grade3Supertime Grade ‘B’ (Director of Hospital & Med ical Education)Promotion by selectionOfficers in Special Grade of Sp ecialist Su b-Cadre or Super Specialist Sub-Cadre with 6 (six) years of regular service in the grade failing which Officers in Special Grade of Specialist Sub- Cadre or Super Specialist Sub- Cadre who have completed 20 (twenty) years of regular service calculated from the date of entry to the duty posts of MHS out of which at least 2 (two) years of regular service in Special Grade 12 4General Duty Medical Officer Sub-Cadre posts:1. Special Grade 100% Promotion in the form of financial upgradationon the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade I. OR officers with not less than 15 (fifteen) years of regular service calculated from the date of entry to duty post in the Mizoram Health Service.2. Grade I100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 ( five) years of regular service in Grade II. OR officers with not less than 10 (ten) years of regular service calculated from the date ofentry to duty post in the Mizoram Health Service.3. Grade II100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade III (Entry Grade)5Public Health Sub-Cadre posts:1. Special Grade 100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade I. OR officers having post-gradu ate degree/ diplo ma wi th no t less than 10 (ten) years of regular service calculated from the date of entry in the Public Health Sub- Cadre.2. Grade I100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade II. OR officers having Post-gradu ate degree/ diplo ma wi th no t less than 5 (five) years of regular service calculated from the date of entry in the Public Health Sub- Cadre.3. Grade IIPromotion in the form of financialIn-service doctors with MCI- rec ognized Post-grad uate 13 upgradation on the basis of seniority cum merit.degree/ diplo ma as specified in schedule IV of these rules, who have rendered 5 (five) years of reg ular service cal culated from the date of entry into the service as Grade III (M.O). Provided that the provision will be applicable only for members of the service appointed before commencement of the Principal Rules subj ect to av ailability o f vacant post.6Specialist Sub-Cadre posts:1. Special Grade 100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of service in Grade I. OR officers having Post-gradu ate degree/ diplo ma wi th no t less than 10 (ten) years of regular service calculated from the date ofentry in the Specialist Sub- cadre.2. Grade I100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 years of regular service in Grade II. OR Officers having post graduate degree/ diplo ma wi th no t less than 5 years of regular service calculated from the date of entry in the Specialist Sub-Cadre.3. Grade IIPromotion in the form of financial upgradation on the basis of seniority cum merit.In-service doctors with MCI- rec ognized Post-grad uate degree/ diplo ma as specified in schedule IV of these Rules, who have rendered 5 (five) years of reg ular service cal culated from the date of entry into the service as Grade III (M.O) Provided that the provision will be applicable only for members of the service appointed before commencement of the Principal Rules subj ect to av ailability o f vacant post. 14 7Super Specialist Sub-Cadre posts:1. Special Grade 100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officershaving Post-doctoral degree/ diplo ma wi th no t less than 5 (five) years of regular service in the Super Specialist Sub-Cadre.8Dental Surgeon Sub-Cadre posts:1. Special Grade 100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5(five) years of regular service in Grade I. OR officers with not less than 15 (fifteen) years of regular service calculated from the date of entry to duty post in the Mizoram Health Service2. Grade I100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade II. OR officers with not less than 10 (ten) years of regular service calculated from the date ofentry to duty post in the Mizoram Health Service3. Grade II100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade III (Entry Grade).9Dental Specialist Sub-Cadre posts:1. Special Grade 100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade I. OR officers having Post-gradu ate degree/ diplo ma wi th no t less than 10 (ten) years of regular service calculated from the date of entry in the Dental Specialist Sub- Cadre. 15 2. Grade I100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five)years of regular service in Grade II. OR officers having Post-gradu ate degree/ diplo ma wi th no t less than 5 (five) years of regular service calculated from the date of entry in the Dental Specialist Sub- Cadre.3. Grade IIPromotion in the form of financial upgradation on the basis of seniority cum merit.In-Service doctors with MCI- rec ognized Post-grad uate degree/ diplo ma as specified in schedule IV of these rules, who have rendered 5 (five) years of regular service from the date of entry into the service as Grade III Provided that the provision will be applicable only for members of the service appointed before commencement of the Principal Rules subj ect to av ailability o f vacant post.10 AYUSH Sub-Carde posts:1. Special Grade 100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade I. OR officers who have rendered not less than 15 (fifteen) years of reg ular service cal culated from the date of entry to duty post in the Mi zoram Health Ser vice2. Grade I100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade II. OR officers who have rendered not less than 10 (ten) years of reg ular service cal culated from the date of entry to duty post in the Mizoram Health Service. 16 3. Grade II100% Promotion in the form of financial upgradation on the basis of seniority cum merit.Officers with not less than 5 (five) years of regular service in Grade III (Entry Grade).(R.MALSAWMA) Joint Secretary to Govt. of Mizoram Deptt. of Personnel & Adve. Reforms (General Service Wing) EX-386 of 11.8.2015, Tuesday Sravana 20, S.E. 1937, Vol-XLIV 100/c. R. Malsawma, Joint Secretary to the Govt. of Mizoram, Deptt. of Personnel & Adve. Reforms, General Service Wing.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100

Shri Okil Ray S/o Ajab Ray Sihphir, Aizawl District, Mizoram

VOL - XLIVISSUE - 387Date - 18/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 11.8.2015 Sravana 20, S.E. 1937, Issue No. 387 AFFIDAVITI, Shri Okil Ray S/o Ajab Ray, resident of Sihphir, Aizawl District, Mizoram, do hereby solemnly affirm and state as follows :- 1.That I am a bonafide citizen of India by birth. 2.That I am working as Elect ric Worker, Power & Electricity Department, Govt. of Mizor arn.3. That in my Service Book my name has been written and recorded as Ukil Ray which is incorr ect. 4.That my true and cor rect na me is Okil Ray in all my documents. 5.That in the circumstances given above, it is my fervent plea that correction of my na me from Ukil Ray to Okil Ray in my Service Book. 6.That the contents of this affida vit are true a nd correct to the best of my knowledge and belief, and nothing material has been concealed therein. IN WIT NESS WHEREOF, I have hereunto subscribed my hand and put my signatur e on this 6th day of August, 2015. Sd/- DEPONENT Identified by me :Signed before me : Sd/-Sd/- R. Lalhunglia na BA (Hons) LLBR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 16/7 Mission Veng ‘S’ Mv 86Aizawl : MizoramDate 6/8/15Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

High Level Monitoring Committee, High Powered State Co-ordination Committee and Drafting Committee on Comprehensive Drug Policy for Mizoram

VOL - XLIVISSUE - 388Date - 18/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 18.8.2015 Sravana 27, S.E. 1937, Issue No. 388 NOTIFICATIONNo.B.12012/2/2015-SWD, the 3rd August, 2015.In supersession to this Department’s Notification of even No. dated 08.07.2013 and 09.09.2013, the Governor of Mizoram is pleased to re-constitute High Level Monitoring Committee, High Powered State Co-ordination Committee and Drafting Committee on Comprehensive Drug Policy for Mizoram consisting of the following members with immediate effect and until further orders. 1.High Level Monitoring CommitteeChariman:Hon’ble Chief Minister, Mizoram Vice Chariman:Hon’ble Minister, Socia l Welfare Department Member Secreta ry:Secretary, Socia l Welfare Department Members: 1)Hon’ble Minister, Home Department 2)Hon’ble Minister, Health & Family Welfare Deptt. 3)Hon’ble Minister, Excise & Narcotics Department 4)Hon’ble Minister, Law & Judicial Department 5)Hon’ble Minister, Education Department 6)Secretary, Law & Judicia l Department 7)Secretary, Health & Family Welfare Department 8)Secretary, Excise & Narcotics Department 9)Addl. Secretary, Social Welfare Department/Joint Secretary, Socia l Welfare Department 10) Director Social Welfare Department 2.High Powered State Coordination CommitteeChairman:Chief Secretary Member Secreta ry:Secretary, Socia l Welfare Department. Members: 1)Secretary, Home Depart ment. 2)Secretary, Health & Family Welfare Department. 3)Secretary, Excise & Narcotics Department. Ex-388/20152 4)Secretary, Law & Judicial Department. 5)DGP, Mizoram 6)Dir ector, Socia l Welfare Department. 7)IGP (Prison), Mizoram. 8)Commander, 23 Sector Assam Rifles, Mizoram. 9)Commandant, BSF, Mizoram. 10) Assistant Commissioner, Custom (Control), Department. 11) President, Central YMA. 3.Drafting Committee on Comprehensive Drug Policy for MizoramChairman:Secretary, Socia l Welfare Department Member Secreta ry:Dir ector, Socia l Welfare Department Members:1) S.P.CID (Crime) 2) Dir ector, Health Services 3) Commissioner, Excise & Narcotics Department 4) Dy. Secretary, Law & Judicia l Department 5) Project Director, MSACS 6) Deputy Controller of Drugs, Health & FW Department 7) Chief Executive Officer, MSD & RB 8) President, Central YMA 9) President, Mizoram Drugs Users Forum (MDUF) Lalrinliana Fanai, Commr. & Secretary to the Government of Mizoram, Socia l Welfare Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

The Mizoram Registration of Births & Death (Amendment )Rules, 2015.

VOL - XLIVISSUE - 389Date - 18/08/2015

NOTIFICATIONNo.A.43016/2/2014 - PLG, the 4th August, 2015.In exercise of the powers conferred by Sub- Section(l) of Section 30 of the Registration of Births & Deaths Act, 1969, the Governor of Mizoram is pleased to make the following Rules further to amend the Mizoram Registration of Births & Deaths Rules 2007 ( herein after referred to as the Principal Rules) as follows namely. Short title and Commencement. 1.(1) These Rules may be called The Mizoram Registration of Births & Death (Amendment )Rules, 2015. (2) They shall come into force on the date of their publication in the official Gazette of Mizoram. 2.Amendment of Rule 5. Sub rule (1) of Rule 5 of the Principal Rules shall be substituted by the following, namely : “5. Form No.l,lA, 2 & 3 for giving information of births and deaths- (1) The information required to be given to the Registrar under section 8 or section 9, as the case may be, shall be in form Nos.l, 1A, 2 and 3 for the registration of birth, birth of an adopted child, deat h and still birth respectively, hereinafter to be collectively called the reporting forms. Information given orally shall be entered by the Registrar in the appropriate reporting forms and the signature/thumb impression of the informant obtained”. 3.Amendment of Rule 9. Sub rules (1 ), (2) and (3) of Rule 9 of the Principal Rules shall be substituted by the following, namely : “(1) Any birth or death of which information is given to the Registrar, after the expiry of the period specified in rule 5 but within thirty days of its occurrence, shall be registered on payment of late fee of rupees ten.The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 18.8.2015 Sravana 27, S.E. 1937, Issue No. 389 “(2) Any birth or death of which information is given to the regist rar aft er thirty days, but within one year of its occurrence, shall be registered only with the written permission of the officer prescribed in this behalf and on payment of a late fee of rupees hundred. “(3) Any birth or death which has not been registered within one year of its occurrence shall be registered only on an order of a judicial Magistrate 1st Class and on payment of late fee of rup ees one thousand”. 4.Amendment of Rule 10. Sub rule (1) of Rule 10 of the Principal Rules shall be substituted by the following, namely : “(1) Where the birth of any child had been registered without a name, the parent or guardian of such child shall, within 12 months from the date of registration of the birt h of child, give information regarding the name of the child to the Registrar either orally or in writ ing. Provided that if the information is given after the aforesaid period of 12 months, which shall be reckoned: (i)In case where t he registration had been made prior to the date of commencement of the Registration of Births & Deaths Rules, 2007, further 5(five) years period from the date of commencement of this Rule (i.e Rules 2015) shall be given, (ii) In case where the registration is made after the date of commencement of the Registration of Births & Deaths amendment Rules, 2015 the period of 15(fifteen) year from the date of such registration, subject to the provisions of sub - section (4) of Section 23 the Regist rar shall - (a ) If the register is in his possession forthwith enter the name in the relevant column of the concerned form in the birth register on payment of a late fee of rupees fifty. (b) If the register is not in his possession and if the information is given orally, make a report giving necessary particulars, and if the information is given in writing, forward the same to the officer specified by the State, Government in this behalf for making the necessary entry on payment of a late fee of rupees fifty”. 5.Amendment of Rule 13. Sub rule (1) of Rule 13 of the Principal Rules shall be substituted, namely : “(l) The fees payable for a search to be made, an extract or non-availability certificate to be issued under section 17, shall be as follows :- (a) Search for a single entry in the first year for which search is made -rupees one hundred. (b) for every additional year for which the search is continued - rupees one hundred. (c) for granting ext ract relating to each birth or death - rupees one hundred. (d) for granting non available certificate of birth or death - rupees one hundred”. 6. Amendment of Forms No. 1, 2, 3, 5, 6,7,8 and 9. Form no. 1,2,3,5,6,7,8 and 9 appended to the Principal Rules shall be s ubstituted by new forms no. 1, 1A, 2,3,5,6,7,8 and 9 appended herewith. DR. C. Vanlalramsanga, Secretary to the Govt, of Mizoram, Planning & Programme Implementation Department Ex-389/20152 Ex-389/2015 3 Ex-389/20154 Ex-389/2015 5 Ex-389/20156 Ex-389/2015 7 Ex-389/20158 Ex-389/2015 9 Ex-389/201510 Ex-389/2015 11 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.

The Mizoram Entry Tax Act, 2015

VOL - XLIVISSUE - 390Date - 18/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 18.8.2015 Sravana 27, S.E. 1937, Issue No. 390 NOTIFICATIONNo.H.12018/239/2015-LJD, the 5th August, 2015. The following Act is hereby published for general information. The Mizoram Entry Tax Act, 2015 (Act No. 8 of 2015) Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram. - 2 - Ex-390/2015 Act No. 8 of 2015 T HE M I ZO RAM E NT RY TAX ACT, 2 01 5 AN ACT To levy a tax on the entry of goods into any local area in Mizoram for consumption, use or sale therein for the purpose of providing the infrastructure development within the State of Mizoram and for matters connected and incidental thereto. Preamble:Whereas it is expedient to provide for the imposition of a tax on the entry of goods into any local area in Mizoram for consumption, use or sale therein for the purpose of providing the infrastructure development within the State of Mizoram and for matters connected and incidental thereto; I t is her eby e nac t e d in t he S ixt y- S ix t h Ye ar o f t he Re public o f I nd ia as fo llo w s; 1. Short title,(1) This Act may be called the Mizoram Entry Tax Act, 2015. extent and(2) I t shall ext end t o t he who le o f t he S t at e o f Miz o r a m. commencement: (3) It shall come into force o n such date as t he State Government may, by notification, in the Official Gazette, appoint. 2. Definitions:(1) In this Act, unless the context o therwise requires :- (a) “Assessing Authorit y” in relation t o any importer means t he Autho rity competent to assess such Importer; (b) “E nt ry of go o ds int o a lo cal area” wit h all its grammat ical variat io ns and cognate expressions, means, entry of goods as specified in the Schedule into a local area from any place outside that local area including a place outside the State for consumption, use or sale therein; (c) “Entry Tax” means a tax on the entry of goods into a local area for co nsumptio n, use o r sale t herein, levied and pa ya ble in a cco rda nc e w it h t he pro visio ns o f t his Ac t ;

The Mizoram Municipalities Act, 2015

VOL - XLIVISSUE - 391Date - 18/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 18.8.2015 Sravana 27, S.E. 1937, Issue No. 391 NOTIFICATIONNo.H.12018/120/2003-LJD, the 5 th August, 2015. The following Act is hereby published for general information. The Mizoram Municipalities Act, 2015(Act No. 9 of 2015) Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram. ACT N O. 9 OF 2015 THE MIZORAM MUNICIPALITIES (THIRD AMENDMENT) ACT, 2015 AN ACT further to amend the Mizoram Municipalities Act, 2007 It is enact ed by the Legislative Assembly of Mizoram in the Sixty Sixth Year of the Republic of India as follows: Short Tit le a nd 1)This Act shall be called ‘The Mizoram Municip alities (Third Amendment) commencement Act, 2015.’ 2) It shall ha ve the like ext ent as the Principal Act. 3) It shall come into force from the date of publication in the Official Gazette. Amendment of In Section 2 of the Mizoram Municipalities Act, 2007 (Act No.6 of 2007) section 2 (her einafter referr ed to as the Pr incipal Act) (1) Sub-section (18-A) shall be substituted as follows, namely; “(18-A) “Deputy Mayor” means Deputy Mayor of a municipal corpora tion and shall be elected in accordance with section 16 of the Act. The expression ‘Vice Chair man’ under this Act, with respect to a municipal corporation, shall mean Deputy Mayor of a municipal corporation.” (2) Sub-section (18-A) shall be renumbered as (18- B). (3) After sub-section (39), a new sub-section (39-A) shall be inserted as follows: “(39-A) “Mayor” means the executive head of a municipal corporation. The expression ‘Cha irman’ under this Act, with respect to a municipal corporation, shall mean Mayor of a municipal corporation.” Amendment of After sub-section (3) of section 28 of the Principal Act, a new sub-section (4) Section 28 shall be inserted as follows, namely; “(4 ) Notwithstanding anything contained in this Act , the Sta te Elect ion Commission may prepare the electora l rolls of Municipal Wards without conducting an enumeration by adopting the last published Electoral Rolls of the Local Councils prepared for the purpose of Election to the Local Councils under Rule 16 (2) of the Mizoram Municipalities (Election to Local Councils) Rules, 2015 by adopting t he Assembly Rolls which is under the provisions of the Representation of the People Act, 1950 (Act 43 of 1950) as draft roll or mother roll.” Amendment of After clause (b) of sub-section (1) of section 29 of the P rincipa l Act, a new Section 29 clause (c) and (d) shall be inserted a s follows, namely; “(c)is a citizen of India, who belongs to a Scheduled Tr ibe; (d) notwithstanding anything contained in clause (c) of Sub-Section (1), permanently r esident Gorkhas and their dir ect descendants as notified by the Sta te Government, who ar e not otherwise disqua lified, shall be entitled to be r egistered in an electoral roll.” Amendment of Sub-section (1) of section 52 of the Principal Act shall be substituted as follows: Section 52 “(1)The Board of Councillors shall ordinarily hold a meeting at least once every quarter for the transaction of its business.” Deletion of Section 66 of the Principa l Act shall sta nd deleted. Section 66 Amendment of Section 134 of the Princip al Act shall be substituted as follows, namely; Section 134 “134. Lapse of permission: A permission given or deemed to have been given in respect of any cons truction or reconstruction under this Chapter shall have a validit y of three years. After the expiry of the said period, the renewal of such permission may be granted as may be prescribed by rules and regulation in this regar d.” Amendment of After sub-section (3) of Section 137 of the Principal Act, a new sub-section (4) Section 137 shall be inserted a s follows, namely; “(4) If such owner or builder fails to comply with the or der, a municipa lity may cause the building to be demolished, or altered so as to br ing it into conformity with the Act, regulations, rules, directions or requisition as- 2 - Ex-391/2015 afor esaid, or with plans a nd particulars on which such permission or order was based; and all the exp enses incurred for doing so shall be paid by the owner or builder of such b uilding, and shall be recover able in the ma nner as an amount payable on account of any fee or tax recoverable under this Act.” Amendment of In section 157 of the Principal Act, a new section 157A shall be inserted Section 157 as follows, namely; “157A: Prohibition against littering and unhygienic activity in public place (1)No person shall litter by way of throwing dirt, garbage, rubbish, filth, etc., in any public places such as roads, roadsides, public squa res, par ks, pla ygrounds, public halls etc. (2) No person s hall pa ss urine or defecate in pla ces other than its designated places. (3) No person shall spit in public places. (4) Any person who is found in violation of sub-sections (1), (2) and (3) of this section shall be liable to be punished under section 386 of the Act.” Amendment of Section 164 shall be substituted by the following: section 164 “ 164: Duty of ever y person to ma intain cleanliness: (1)It shall be the civic duty of every person to maintain cleanliness and to live in a decent and respectable way of living with respect to proper collection, removal and disposa l of solid waste, sewage, offensive matter, filth or rubbish and making and keeping in proper condition of latrines and urinals which are dealt with in this Chapter, so as to avoid nuisance or discomfort to persons residing in the neighbourhood or to passers-by. (2) Any person who contravenes any of the provisions of section 153, 154, 155, 156, 159 and 163, or fails to comply with the notice served to him under sections 160, 161 or 162 of the Act shall be punishable under section 386 of the Act. (3) Any person who shows gross negligence of t he civic duty under sub section (1),or lives irresponsible, immor al, unwholesome or negligent wa y of living wit h respect to any matter dealt with in this chapter sha ll be punishable under this Act.” Amendment of Sub-section (2) of Section 346 of the Principal Act shall be substituted as section 346 follows: “(2) Notwithstanding anything contained in this Act for the pur pose of the elect ion to a municip ality, the elect oral rolls used in the election to the Local Bodies in Mizoram as it existed then in the area shall be used as ma y be upda ted and cor rected according to the rules governing prepar ation of Electoral R olls of the said Local Bodies.” Amendment of Section 374 of the Princip al Act shall be substituted as follows, namely; section 374 “374: Penalty for breach of rules or r egulations:- 3 - Ex-391/2015 (1) Any rules or regulations made under the Act provide that a contravention thereof sha ll be punishable - a) with fine which may extend to one lakh rupees; b) with an additional fine in the case of a continuing contravention, which may extend to one thousa nd rupees for every day during which such contravention continues after convict ion for the first such contravention; and c) with additional fine which may extend to five hundred rupees for everyda y during which the contravention cont inues a fter receipt of a notice from the Municipality requiring the offender to discont inue su ch contravention. (2) Any rule or regulation made under the Act may further provide that the offender shall be required to remedy, in so far as such remedy lies in his power, the mischief, if any, caused by the contr avention of any rule or bye-law made under the Act.” Secretary, Law & Judicia l Department, Govt. of Mizoram. - 4 - Ex-391/2015 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Monday 20.4.2015 Chaitra 30, S.E. 1937, Issue No. 155 NOTIFICATION No.H.12018/120/2013-LJD, the 16th April, 2015. The following Act of the Mizoram Legisla tive Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Municipa lities (Second Amendment) Act, 2015(Act No. 5 of 2015) {Received the assent of t he Governor of Mizoram on the 25th March, 2015} Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram. THE MIZORAM MUNICIPALITIES (SECOND AMENDMENT) ACT, 2015 (ACT. NO. 5 OF 2015) AN ACT to amend the Mizoram Municipalities Act, 2007 (hereinafter referred to as Principal Act) It is enacted by the Mizora m Legislative Assembly in the Sixty S ixth year of the Republic of India as follows:- 1 . Short Title, extent : 1)This Act shall be ca lled “T he Mizoram Municipalities (S econd Amendment) and commencement Act, 2015”. 2) It shall ha ve the like ext ent as the Principal Act. 3) It shall come into force on such date as the St ate Government may, by notifica tion in the official Gazette, appoint. 2. Amendment of : 1)In S ection 2 of the Principal Act , clause (9) shall sta nd deleted. Section 2. 2)After clause 17, a new clause 17-A shall be inserted, namely:- “17-A. “Development” with its grammatical variations means the carrying out of construction of building, engineering, mining or other operations, in, on, over, or under land or the making of - 5 - Ex-391/2015 any materia l change in any building or land or in the use of any building or land and includes division of any land and redevelopment”. 3) Clause 18-A shall be substituted by the following, namely:- “18-A. “Director of Local Bodies” means the Director of Urban Development & Poverty Alleviation Department.” 4) After Clause 23, a new clause 23-A shall be inserted, namely:- “23-A “Economically Weaker S ection” means such class of persons as may be notified by the appropriate Government from time to time.” 5) Clause 26 shall be substituted by the following, namely:- “26. “Executive Officer” means an officer of the municipa lity and includes- A Municipal Commissioner or Chief Executive Officer or any other officers designated as such by a municipality from time to time.” 6) After Clause 27, a new clause 27-A shall be inserted, namely:- “ 2 7 - A. “ F l oor s p a ce i ndex ” mea ns t h e a r ea t h a t c a n b e c on s t r u ct ed on a piece of land divided by the total area of the land.” 7) After Clause 29, a new clause 29-A shall be inserted, namely:- “29-A. “Group Housing” means mor e than two buildings on a plot with one or more floors and with one or more dwelling units in each floor.” 8) After Clause 37, a new clause 37-A shall be inserted, namely : - “37-A. “Low Income Group” means such class of persons as may be notified by the appropriate Government from time to time.” 9) After Clause 39, a new clause 39-A shall be inserted, namely :- “39-A. “Municipal Appellate Tribunal” means Appellate Tribunal constituted by the State Government under section 352-A of the Act.” 10) After Clause 64, a new clause 64-A shall be inserted, namely:- “64-A. “Shelter Fee” means fee levied and collected in lieu of the reservation of land or floor area as the case may be, an amount equa l to the market value of the la nd or floor area determined on the basis of the rates notified by the State Government, which is r equired to be reserved for the Economically Weaker Section (EWS ) and t he Lower Income Groups (LIG).” 3 . Amendment of : Sub-section (2) of S ection 3 of the Principal Act shall be substituted by the Section 3.2 following, namely:- “(2) (a). S ave as ma y otherwise be deemed fit by the Governor, classifica tion of urban areas on the basis of population may be as under:- (i) “a transitional area” is an urban area having a population not less than five thousand. (ii) “a smaller urban area” is an urban area having a population not less than fifty thousand. (iii) “a larger urban area” is an urban area having a population not less than thr ee lakhs.” - 6 - Ex-391/2015 4 . Amendment of : In Section 22 of the Principal Act, after clause (b), a new clause shall be Section 22 inserted, namely:- “(c). he is elected as member of Legislative Assembly or member of Parliament.” 5 . Amendment of : Section 57 of the Principa l Act sha ll be substituted by the following, na mely :- Section 57 “57. Functions of municipality: Every Municipa lity within its ar ea may be entrusted the following funct ions- 1) Urban planning including town planning. 2) Regulation of land use and construction of buildings. 3) Planning for economic and social development. 4) Roads and bridges. 5) Water supply for domestic, industrial and commercial purposes. 6) Public health, sanitation conservancy and solid waste management. 7) Fire services. 8) Urban forestry, protection of the environment and promotion of ecological aspects. 9) Safeguarding the interests of weaker sections of society, inclu ding the handicapped and mentally retar ded. 10) Slum improvement and upgradation. 11) Urban poverty alleviation. 12) Provision of urban amenities and facilities such as parks, gardens, pla ygr ounds. 13) Promotion of cultural, educational and aesthetic aspects. 14) Burials and burial grounds; cremations, cremation grounds and electric crematoriums. 15) Cattle pounds, prevention of cruelty to animals. 16) Vita l statistics including registr ation of births and deaths. 17) Public amenities including street light ing, pa rking lots, bus stops and public conveniences. 18) Regulation of slaughter hou ses and tanneries.” 6 . Amendment of : Section 58 of the Principa l Act sha ll be substituted by the following, na mely :- Section 58 “58.Discretionary functions of the Municipality: Subject to appropriate notification by the State Government and having regard to the satisfactory performa nce in respect of functions listed under Section 57, a Municipality may undertake or perform any other functions entrusted to it by the State Government in cons ultation with the concerned municipality.” 7 . Deletion of : Sub-section (2) of Section 59 of the Pr incipal Act shall sta nd deleted. Section 59 8 . Amendment of : Sub-section (1) of Section 61 of the Principal Act shall be substituted by Section 61 the following, namely :- “(1). Save as otherwise provided in this Act, a municipal corpor a-tion or a municipal council may have all or any of the following officers:(a ) a Municipal Commissioner or a Chief Executive Officer; (b) a Secretary;(c ) an E xecutive Officer; (d) an Engineer; - 7 - Ex-391/2015 (e) a Town Planner;(f) a Health Officer;(g) a Finance Officer;(h) Any other officers as may be created for the municipality. Provided that the State Government may reduce the number of posts of t he officers as aforesaid for any Municipality: Provided further that the State Government may by order re-designate any of the posts of the officers as aforesaid in resp ect of any Municipality.” 9 . Amendment of : Section 62 of the Principa l Act sha ll be substituted by the following, na mely :- Section 62 “62-A. Cadre of common municipal service, appointments, conditions of service, etc. The State Government may constitute Common Cadre for the Municipalities. Such Common Cadre may consist of ca tegories of officers of the municipa lities as ma y be p rescribed: (1) The number and nature of posts appoint ment to the commoncadr e and conditions of s ervice of the persons belonging to the common cadr e shall be as prescribed. (2) Appointment to the post belonging to Common Municipal Cadre shall be ma de by the Government on the r ecommendation of the Mizoram Public Service Commission. (3) The State Government shall constitute a Cadre Authority for management of posts belonging to the Common Municipal Cadre. (4) Officers belonging to the Common Municipal Cadre shall be transferable to any of the Municip alities within Mizoram.The State Gover nment may by r ules pr ovide for the qualification for appointment, conditions of service and other allied matters relating to t he officers belonging to the Common Ca dre. 62-B. Other employees of a municipality The State Government may create posts of officers and staff, not included in the common municipal ca dre. (1) Recruitment to such posts may be made by a municipality, onthe recommendation of a Municipal Service Selection Board. (2) Appointment of officers and employees, to such posts shall be made by the Municipality. (3) Such other employees shall remain under the direction and control of the municipality to which he is recruited.The State Government may by rules provide for the qualification for appointment, conditions of service and other allied matters relating such employees in the Municipalities.” 10. Amendment of : Section 63 of the Principa l Act sha ll be substituted by the following, na mely :- Section 63 “63. Municipal Service Selection Board The State Government may appoint a Selection Board consisting of a Chairman, a Secr etary and other members for recruit ment to the posts, other than those belonging to the Common Municipal Cadre.” 11. Insertion of : In the Principal Act , after Section 75, a new section 75-A shall be inserted, Section 75-A namely:-- 8 - Ex-391/2015 “75-A. Constit ution of Basic Services to the Urban Poor Fund (1) A separate fund called the “Basic Services to the Urban Poor F und” shall be constituted by every Municipality for delivery of basic services to the urba n poor including the inhabita nts of slum ar eas. (2) A minimum of twent y five percent of the funds within the municipality’s budget shall be earmarked and used for providing basic services to the urban poor, including inhabitants of slum areas on a yearly basis. The allocation to the fund shall be made from the following municipal budgetar y resour ces: (a ) Municipa lit y’s own sour ces of r evenue e. g. taxes, fees, userchar ges and rent etc.; (b) Assigned revenues; (c ) Allocations from Central / State Finance Commissions/ other inter -governmental transfers; (d) Contributions in cash/kind, gifts from individuals, organizations, donors for services to the poor; ( e) Grants from externa lly aided projects; (f) Sale of municipal assets; (g) Others sour ces as determined by the Municipality.Explanation- For the pur pose of this section any gra nt or contribution by whatever name ca lled, received by the Municipa lity which is exclusively for the development of slum a reas shall not be a par t of the above earma rked fu nds. ( 3 ) Utilization of the earmarked funds The earmarked funds under sub-section (1) of this section shall be for pr oviding basic services to the urban poor including the inhabitants of the slum ar eas. Explanation- For the pur poses of this section ‘basic services’ shall include expenditure on capital and revenue account directly incurred on water supply, drainage, sewerage, constr uction of community toilets, solid waste management, connecting roads, street lighting, public parks and play gr ounds, community a nd livelihood centers, community health centers, pre-primary and primary education centers, affordable housing for poor, and other services as determined by the Municipality but shall not include esta blishment expenses, including salary and wages, not directly and specifically incu rred for delivery of basic services to the poor. (4) The allocation of the funds and it s utilization for providing basic services to the urban poor should be deta iled and enclosed with the Municipal Annual Budget a s P-budget along with the corresponding figures for the previous year. (5) The fund sha ll be in the nature of a non-lapsable fund. In the event of the annual allocations not fully ut ilized, the ba lance funds should not be transferred to the municipa l gener al fund but car ried for ward for utilization in the subsequent year(s). The fund allocation in the subsequent years shall be considered in addition, and shall not be reduced by the unspent funds of the previous year (s). (6) A separate bank account shall be opened with a nationalized bank called-’Basic Services to Urban Poor Fund’ account wherein funds earmarked under sub-section (1) of this section shall be periodically deposited ensuring that the yearly a llocation is equal to the alloca tion as in the Municipal budget. - 9 - Ex-391/2015 (7) There shall be maintained separate primary books of accounts with detailed accounting heads in line with the National Municipal Accounts Manual for operation of special fund accounts.” 12. Amendment of : Sub-section 2 of 216 of the Principal Act shall be substituted by the following, Section 216 namely :- “(2) The annual value of any vacant land and building in a ny ward and local council of the municipality shall be the sum of the amount arrived at by multiplying the value per unit area of such vaca nt land and mult iplicative fact ors and the amount arr ived at by mult iplying the value per unit area of the cover ed spa ce of such building by the total area of such covered space and multiplicative factors, if any, and shall be determined accordingly by an order of the Board of Councillors, and a copy of the order shall be supplied within ten days thereof to t he owner or the occupier of the land or the building, as the case may be, in such Form, and in such manner, as may be prescribed under the Rules framed under this Act.Provided that - (i) ever y land, which is not built upon, comprised in a holding shall be assessed separately; and (ii) machinery and furniture shall be excluded from valuations under this section”.Explanation I – In the case of a building with appurtenant land, the area of the land under the plinth area of the building shall be excluded from the total area of the land, the bala nce being treated as vacant land, which shall be assessed as such. Explanation II – The covered space of any building shall mean thetota l floor area of the building in all the stor eys. Expla nation III – For the purposes of this section, “machinery” shallinclude lift, air-conditioning equipment, and equipment for providing ear thquake proofing. Explanation IV – The annual value of any land or building, as deter- mined under this section, shall be a multiple of ten rupees, any fraction below five being ignored and any fraction of five or a bove being rounded off to the next ten r upees.” 13. Amendment of : In Section 216 of the Principal Act, new Sections 216-A and 216-B shall Section 216 be inserted as follows, namely:- “216-A. Classification of lands and buildings and determination of unit area values. (1) The Board of councillors shall, on the r ecommendation of the State Property Tax Board or the State Government as the case may be, and having regard to – ( a ) the loca tion of la nds and buildings in the municipal area concerningits access to public roads; (b) the location of lands and buildings in the municipa l area with access to water, sewerage, and other civic facilities, and adjacent to markets, schools, hospitals, and any other fa cilities tha t influence the standar d of living in that a rea; declare its intention to classify lands and buildings in each ward - 10 - Ex-391/2015 of the Municipality into such groups or units as the Board of Councillor s ma y specify by a public noticed, a nd s ha ll a lso specify in such public notice the annual value it proposes to fix per unit area of covered space of buildings within each such group or units.Explanation I - For the pur pose of this Act, the State Property Tax Board means the State Property Tax Board constituted by the State Gover nment from time to t ime. (2) If a ny owner or occupier of any land or building in any war d in resp ect of which a public notice has been issued under sub-section (1), has any object ion to the manner of classification of any gr oup/ unit or groups/unit s or the value per unit area of vacant land or the value per unit area of covered spa ce of building in any such gr oup, he may submit to an officer of the Municipality duly authorised by the Municipality in this behalf, his objection in such Form, and cont aining such par ticulars, as ma y be pr escribed, within sixty days from the date of publication of such public notice, and such objection shall be considered by the Board of Councillors. (3) On the expiry of sixty da ys from the date of publica tion of the public notice under sub-s ection (1), and after considering the objections, if any, the Board of Councillors, shall by a public not ice, specify group wise the va lue per unit a rea of covered space of building. (4) The unit area value of vaca nt land and the unit ar ea value of covered space of building, as may be specified under sub-section (1), in respect of a group/unit in any ward shall rema in in force for a period of five year s and shall be revised at the expiration of each such period of five years:Provided that till the revision of such unit area values is completed, the existing unit area values shall continue to be in force. 216-B. Mult iplicative factors t o determine annual p roperty values. Multiplica tive fa ctor s t o determine annual property value as specified in sub-s ection (2) of S ection 216 would include, (a ) Loca tion Fa ctors, where the property abutted by categories of road or ar eas other than r oads; (b) Structure factor, the category of cons truction of the property; (c ) Ownership and Usage Factor, the category of owning and pur pose of using the property; and (d) Age factor, considering the year of completion of construction of the property; Provided that the above factors would be as per the pr ovisions of this Act and Rules framed thereunder by the State Government for the purpose and further as would be adopted by the Boa rd of Councillors.” 14. Amendment of : In sub-section (1) of section 217 of the Principal Act, after clause (g), new Section 217 clauses (h) and (i) shall be inserted, namely:- “(h). Notwithstanding anything contained in this Act, any la nd or building, which is the property of the Central Government, shall, save in so far as Parliament by law otherwise provides, be exempt from the property tax; - 11 - Ex-391/2015 Provided tha t nothing in this section sha ll, until Parliament by law otherwise provides, prevent the Municipa lity fr om levying any tax on any property of the Central Government to which such property was immediately before the commencement of the Constitution of India liable or treated as liable, so long as the property tax cont inues to be levied by the Municipality. Provided further that nothing in this section shall, prevent the municipality to levy service charges on properties of the Central Government as notified vide No.14 (1)-P/52-1, Government of India, Ministry of Finance (Department of Economic Affairs), New Delhi, dated the 10th May 1 954.Explanation I – A property of the Central Government shall not include any property vested in, or belonging to, any statutory body or public sector corporation under the control of the Central Government. (i) Open spaces including par ade grounds, which are the pr operties of the State Government.” 15. Deletion of : Section 220 of the Principa l Act shall stand deleted. Section 220 16. Amendment of : In Section 250 of the Principal Act, after clause (f) a new clause (g) shall Section 250 be a dded as follows :- “(g). Any owner of any la nd or building or any other person liable to pay the property tax or any occupier in the absence of such owner or person shall compute under self-assessment basis, the annual property value and determine the annual property tax due calculated on the annual value of such land or building as determined as per the provisions of this Act and Rules and Regulations fr amed there under.” 17. Amendment of : Sub-section (1) of Section 252 of the Principal Act shall be substituted by Section 252 the following, namely :- “(1). The Executive Officer of the Municipality or an officer of the Municipality, duly authorised by the Municipality in this behalf shall consider the list of persons submitted the self-assessment return stating the annual property va lue and annual property tax and compare the same with the municip al recor ds of a ll persons lia ble to payment of property tax. The officer would prepare a list of all persons primarily liable for the payment of the pr operty tax who failed to comply with the submission of the self-assessment returns of lands and buildings within the due date in any ward a nd, by notice, require the owners and the occupiers of such lands or buildings or any portion thereof, to furnish the return a nd compute the tax due under the provisions of this Act and Rules and Regulations framed there under, in such Form, conta ining such particu lar s, and within such time, a s may be pr escr ibed. (1-A) Every owner or occupier shall be bound to comply with such notice and to furnish a return with a declaration that the sta tement made therein is correct to the best of his knowledge and belief.” Explanation I - A Notice shall be deemed to be presented under this sectionif it is sent by post under certificate of posting to the person liable for payment of the amount included in the Notice,- 12 - Ex-391/2015 and in such case, the date borne on such certificate of posting sha ll be deemed to be the date of presentation of the Notice to such person. 18. Amendment of : In S ection 2 53 of the Principal Act, a new section 253-A shall be inserted, Section 253 namely:- “253-A. Default in submission of Returns : (1) If a ny owner or other person, lia ble to pay the property tax u nder this Act and Rules framed there under, fails to submit the self- assessment r eturns and pay such pr operty tax together with interest, i f a n y, (2) If, after the assessment of annual value of any land or building is fina lly made under this Act, the payment on self-assessment under this Act and Rules framed there under is found to be less than tha t of the amount payable by the assessee, the assessee shall pay the difference within the stipula ted period as pr escribed under the Ru les, from the da te of final assessment, failing which recovery shall be made in accordance with the provisions of this Act, but, after the final assessment, if it is fou nd tha t t he assess ee has paid excess amount, such excess amount shall be adjusted against the tax payable by t he a ss es see. ” 19. Amendment of : Section 341 of the Principal Act shall be substituted by the following, namely: Section 341 “341. Preparation of master plan and detailed strategic zonal/ war d development pla n a nd zoning r egu la tions” ( 1 ) Civic and Utilities & Facilities Surveys of, and Master Plan for, Aiza wl a nd other Municipa l Areas – (a ) The Board of Councilors with the help of its Urban Planning s ha ll a s s oon a s ma y b e, ca r r y ou t a civic a nd u t ili t ies & fa cilit ies surveys of, and prepare a Master P lan for planned development of municipal a reas. (b) The Master Plan shall - (i) define the various zones or wards into which municipal areasmay be divided for the purpose of development a nd indicate the manner in which the la nd in each zone is proposed t o be used (whether by car rying out thereon of development or otherwise) a nd the stages by which any such development shall be carr ied out; and (ii) serve as a basic pattern of frame-work within which the Deta iled Str ategic Zonal/Wa rd Development Plans of the various Zones/Wards may be prepa red. (c) The Master Plan may provide for any other matter which is necessary for proper planned development and implementa tion of municipal a reas. (d) If, prior to the commencement of this Act , a Master Plan has been prepared for municipal a rea s and the same has been appr oved by the State Government, the Board of Councillors may, with the approval of the State Government, adopt the said Master Plan with or without modification as the Board of Councillors may think fit. - 13 - Ex-391/2015 ( 2 ) Deta iled Stra tegic Z ona l/ Wa rd Development Plan a nd Zoning Regu la tions -(a) Simultaneously with the preparation of the Master Plan or as soon as may be thereafter, the Boa rd of Councillors with the help of its Urban Planning shall proceed with the preparation of a Detailed Strategic Zonal/Ward Development Plan and Regulations to be a rolling plan for a period t o be specified by a municipality for each of the zones/wards into which municipal areas may be divided for the purpose of implementation of Master Plan. (b) A Detailed Strategic Zonal/ Ward Development Plan may - i. cont ain a site-pla n and use - pla n for the development andregulations of the zone/ward and show the approximate locations and extents of land-use and infrastructure proposed in t he zone/ward for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses; ii. specify the standards of popula tion density and building density; iii. show every area in the zone/ward which may, in opinion of the Boar d of C ouncillors, be required or declared for development or redevelopment including phasing and identification of responsible or implementing agencies; and iv. in particula r, contain provisions regarding all or any of the following matters, namely:- (a ) the division of any site int o plots for the erection of buildings; (b) the allotment or reserva tion of land for roads, open spaces, gardens, recreation grounds, schools, mar kets and other public purposes, and conservation of landslide prone areas including undevelopable areas due to steep slopes; (c ) the development of any area into a township or colony and the restrictions and conditions subject to which such development may be underta ken or carried out; (d) the erection of building on any site and the r estrict ions and conditions in regard to the open space to be maintained in or around buildings and height and char acter of buildings; ( e) the alignment of buildings on any site; (f) the architectural feature of the elevation or frontage of a ny building to be erected on any site; (g) the number of residential buildings which may be erected on a ny plot or site ; (h) the amenities to be provided in relation to any sit e or buildings on such site whether before or after the erection of building and the person or authority by whom or at whose expenses such amenities are to be provided; - 14 - Ex-391/2015 (i) the prohibitions or rest rictions regarding erection of shops, workshops, warehouses or fa ctories or building or a specified architectural feature orbuildings designed for particular purposes in the locality; (j) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which t hey sha ll be maintained; (k) the restrictions r egarding the use of a ny site or land or buildings due to steep slope and la ndslide prone ar eas; and (l) any other matter which is necessa ry or expedient for the proper development and regulation of the zone/ward or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone/ward or area. (3 ) Procedure to be followed in the Preparation and Appr oval of Pla ns - a ) Before preparing a ny Plan finally and submitting it to theState Government for approva l, the Board of Councillors s ha ll p r ep a r e a p la n in dr a ft a nd p u b l is h it b y ma kin g a cop y thereof ava ilable for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and su ggestions within 60 days from the date of fir st publication of the notice from any person with respect to the draft pla n befor e such date as may be specified in the notice. b) The Board of Councillors shall also give reasonable opportunities to every local authority within whose local limits any land touched by the plan is situated to make any repr esentation with respect to the plan. c) After considering all objections, suggestions and repr esentations that may have been received by the Board of Councillors, the Board of Councillors shall finally prepare the plan and submit to the State Government for its approval. d) Subject to t he foregoing pr ovisions of this section, the S tate Government may dir ect the Board of Councillors to fur nish such informa tion as the Government may require for the purpose of approving any plan submitted to it under this section. (4 ) Submission of P la ns to the Sta te Government for Approval – a ) In this section and in sub-sections (3), (4), and (6) and (7) the word “plan” means the Master Plan as well as the Deta iled St rategic Zonal/ Ward Development Pla n for zone/ ward. b) Every plan s hall, a s soon a s may b e after its preparation, be submitted by the Boar d of Councillors to the State Government for approval, and State Government may either- 15 - Ex-391/2015 approve the Plan without modifications or with such modifications as it may consider necessa ry or r eject the plan with directions to the Board of Councillors to prepare a fr esh pla n accor ding to such directions. (5 ) Date of Operation of Approved Plans – Immediately after a pla n has been appr oved by the State Government, the Boar d of Councillors shall publish, in such manner a s the S tate Government may specify, a notice stating t hat a plan has been appr oved and naming a place where a copy of the Plan may be inspected a t all r easonable hour s and upon the date of the first publication of the aforesaid notice the plan shall come into operation. (6 ) Amendment of the Mas ter P la n a nd the Deta iled St ra tegic Zona l/War d Development P la n and Zoning Regu la tions – a ) The Board of Councillors may make a ny amendment to the Master Plan or the Detailed Strategic Zonal/Ward Development Plan as it thinks fit, being amendments which, in its opinion, Joes not effect important altera tions in the char acter of the plan and which does not r elate to the extent of land-users or the standa rds of population density. b) The State Government may make any amendments in the Master Plan or the Detailed Strategic Zonal/Ward Development Plan whether such amendments a re of the nature specified in sub-s ection (1) or otherwise. c ) Before making any amendments in the Plan, the Boar d of Councillors , a s the case may be, the State Government shall publish a notice in such form and manner as ma y be prescribed by rules made in this behalf inviting objections and suggestions within 60 days from the date of first publication of the notice from a ny person with respect to the proposed amendments before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Board of Councillors or the State Government. d) Every amendments made under the provisions of this section shall be published in such manner as the Board of Councillors or the State Gover nment, as the case may be, may specify and the amendments shall come into operation either on the date of the publication or on such other da te a s t he Boar d of Councillors or the Sta te Government as the case may be, may fix. e ) When the Boa rd of C ouncillors makes any amendments to the Plan under sub-section (1) it shall report to the State Government with full particulars of such amendments within thir ty days of the date on which s uch amendments come into operation.- 16 - Ex-391/2015 f) If a ny quest ion arises whether the amendments proposed to be made by the Board of Councillors which effects important alterations in the chara cter of the pla n or whether they relate to the extent of land-uses or the standards of population density, it shall be referred to the State Government whose decision thereon shall be final. g) Any reference in any other chapter, except chapter xxii, to the Master plan or the Detailed Strategic Zonal/Ward Development plan shall be constr ued as a refer ence to the Master plan or the Detailed Strategic Zonal/Ward Development plan as amended under the provisions of this section. ( 7 ) Development and contr ol of land use and construction of buildings - (a ) After the approval of Master Plan, Detailed Strategic Zonal/Ward Development Pla n and Zoning Regulations under this Act, no development and cons truction of buildings or no layout plan for sub-division of any plot under section 123 or no project/scheme shall be undertaken or carried out in any area within Aizawl and other Municipal Areas by any person or body (including a department of State Government) unless development permission for such development or project/ scheme has been obtained in writ ing from the Boa rd of Councillors in accordance with the provisions of this Act. (b) After the coming into operation of any of the Plans in any area no development or project and construction of buildings under this Act sha ll be undertaken or carried out in that area unless such development is also in accordance with such plans and permission is actually obtained from the Boar d of Councillor s or authorized competent personal. (c ) Notwithstanding anything contained in clauses (a) and (b) development of any land begun b y any department of S tate Government or any local authority before the commencement of this Act ma y be completed by that depa rtment or loca l authority without compliance with the requirements of those sections and sub-sections. (8 ) Application for Development Permission – a ) Every person or body (including a department of State Government) desir ing to obtain permission for development of s ite or land or project development p ermission referred to in sub-section (7) shall make a n application in writing to the Board of Councillors in such form and containing layout plan under section 123 and such particulars in respect of the development to which the application related as may be prescribed by regulations. b) Every application under clause (a) shall be accompa nied by such fee as may be prescribed by rules.Provided tha t no such fee shall be necessary in the case of an application made by a department of the State Government.- 17 - Ex-391/2015 c ) On r eceipt of an application for development permission under clause (a) the Board of Councillors after making such inquiry as it considers necessary in relation to any matter specified in clause (b) sub-section (2) or in relation to any other matter, shall, by order in writing, either grant development permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such development permission. Provided that before making an order refusing such development permission, the applicant shall be given a reasonable opportunity to show cause why the development permission should not be refused. d) Wher e development permission is refused, the grounds of such refusa l shall be recorded in writing and communicated to the applicant in the manner prescribed by r egulations. e ) The Board of Councillors sha ll keep in such form as may be prescribed by regulations a register of applications for development permission u nder this section. f) The said register shall contain such par ticular s including information as of the manner in which applications for development permission have been dealt with as ma y be prescribed by regulations and shall be available for inspection by a ny member of the public at all reasona ble hour s on payment of s uch fee not exceeding r upees five as ma y be prescribed by regulations. g) Where development permission is refused under this section, the applica nt or a ny person claiming thr ough him shall not be entitled to get refund of the fee paid on the applica tion for development permission but the Board of Councillors ma y, on a pplication for refund being made wit hin thr ee months of the communication of the grounds of the refusal under clause (d) direct refund of such portion of the fee as it s eems pr oper in the circumst ances of the c ase. (9) User of land and construction of buildings in contravention of Plans - After the coming int o opera tion of any of the Plans in a Zone/ Ward no person shall use or permit to be used any land or building in that Zone/Ward accept in conformity with such plan, otherwise the relevant sections of this Act shall a pply in such ca ses. Provided that it shall be lawful to continue to use, upon such terms a nd conditions a s may be prescr ibed by regulations made in this behalf, any land or building for the purpose, and the extent to which it is being used upon the date on which such plan comes into for ce.” 20. Amendment of : In S ection 341 of t he Principal Act, a new Section 341-A shall be inserted, Section 341 namely: “341-A. R eservation of Land for Housing to Economica lly Weaker Sections (EWS) and Low Income Groups (LIG): ( 1 ) Earma rking of land for urban poor - 18 - Ex-391/2015 (a ) In a ll Area Planning schemes such as a Town Planning Scheme or Land Pooling Scheme or Land Readjustment Scheme, there shall be reservation of not less than ten per cent of the gross land area under each scheme for the purpose of providing housing accommodation to t he members of EWS and LIG. (b) In all residential layouts of extent above 4000 square meters, not less than ten percent of the gross land area shall be earmarked for EWS and LIG. Provided tha t wher e the tota l extent of la nd is bet ween 1000 square meters and 4000 square meters, either land may be r eserved for EWS and LIG or shelter fee, as p rescribed by the appropriate Government, may be collected as the case may be. (c ) All resident ia l la youts of extent b elow 10 00 squar e meters may be exempted from r eservation of land as well as payment of shelt er fee. (d) The size of the plot reser ved under (a) and (b) for EWS and LIG shall not be less than 30 square meters or higher as may be prescribed by the appropriate Government. ( 2 ) Ea rmarking of floor area for urban poor (a ) In a ll residential buildings with total plot ar ea above 1000 sq mand above reservation to the extent of 15% of residential FAR or 35% of the tota l dwelling units whichever is higher, will be provided, which will be allotted to EWS and LIG. Provided that where the total plot area is between 500 sq m and 1000 sq m, either floor area may be reser ved for EWS and LIG or shelter fee be collected or as the case may be. (b) All residential buildings with plot area b elow 500 sq m ma y be exempted from reser vation of floor area as well as payment of shelt er fee. (c) The size of the unit reserved under (a) for EWS will not be less than 21 sqm and not more than 27 sqm and for LIG it should not be less than 28 sqm and not more than 40 sqm carpet area or as prescribed by the appropriate Government. (3 ) Earmarking of both land and floor area The earmarking in S ub-sections (1) and (2 ) of this Section shall be such that a minimum of 20% of developed land or 20% of F loor Space Index in all land development/ housing projects (both by Public and Private Agencies) is reserved for the EWS and LIG category taking into account the reservation at area plan/layout approval stage or group housing a pprova l stages together. ( 4 ) Identification of Eligible Persons & Determination of Cost of Land/Houses: (a) A government depar tment/a gency of the appropr iateGovernment shall maintain an inventory of all the plots or houses as the case may be, reserved for the EWS and LIG and ensure its protection from encroachment. (b) For the allotment of plots or houses to the EWS and LIG, the pr ocedur e for the selection of eligible persons a nd t he - 19 - Ex-391/2015 determination of t he cost of such plot s or houses shall be such as may be prescribed by the appropriate Government. (5 ) Incentives t o Developers Every developer who makes provision for earmarking of land or floor area a s the ca se may be for EWS and LIG housing shall be incentivized through a scheme of cross-subsidization, which shall be such as may be prescribed by the appropriate Government (e.g. land use concessions through conversion of part of residential use for commercial use, higher Floor Space Index, Transferable Development Right, etc and/or higher prices charged from High Income Group etc.) (6 ) Non-r esidential Development The appropriate government shall consider levy of suitable fee e.g. Impa ct Fee on all non-residential land development/ buildings a bove 1000 square meters to generate resources for the shelter fund which may be used for pr ovision of land, housing, basic service, etc. to the urban poor. (7 ) Limitation of Shelter Fee The Shelter Fee so collected shall be maintained in a separate account and be utilized as per guidelines for the acquisition of land, development of land and construction of houses and in such other wa ys so a s to provide for housing E WS and LIG.” 21. Amendment of : In section 342 of the Principal Act , after sub-section (2), a new sub-section Section 342 (3) shall be inserted, namely :- “(3). Constitution of High Powered Committee for Implementation of Master Plans:- In order to effectively coordinate and monitoring of implementation of various proposals in the Master Plan and Detailed Stra tegic Zonal/Wa rd Development Plan and Zoning Regulations, a High Powered Committee may be constituted by the State Government by notifica tion for municipal areas.” 22. Amendment of : In Section 352 of the Principal Act, new sections 352-A and 352-B shall be Section 352 inserted as follows, namely: 352-A. Municipal Appellate Tribunal: (1) The State Government may constit ute a Municipa l AppellateTribunal for hearing and disposal of an order passed by an officer of the municipalit y, which shall be appealable under the Act and any Rules framed ther eunder. (2) The Municipal Appellate Tribunal may consist of a Chairman and such other members not exceeding five or as the State Government ma y pr ovide by Rules fra med under the Act including t he qualifications thereof. (3) All members of the Tribuna l sha ll be below the a ge of seventy (70) years. (4) The Chairma n may constitute one or more separa te benches, each bench comprising of two or more members, one of whom shall be a Judicial Member and may transfer to any such bench - 20 - Ex-391/2015 any appeal for disposal or may withdraw from any such b ench any appeal before it is finally disposed of. (5) Where a sepa rate bench is constituted under the sub-section (4), the Judicial Member shall exercise and perform all the powers and functions of the Chairman under the Act and R ules provided by t he State Government. (6) The State Government shall appoint the Chairma n and other members on such terms and conditions as it may determine and shall be pa id from the Fund of the State Government. (7) The Tribunal shall have an establishment consisting of a Registrar and such officers a nd other employees appointed on such terms and conditions as may be prescribed. The expenses of esta blishment shall be pa id out of the consolidated Fund of the State Government. (8) The State Government by way of Rules sha ll provide for the procedure of hearing and disposal of appeals, as well as realization of fees in connection with appeals. 352-B. Appeal: 1) Any person dissatisfied with any order passed under this Act or any Rules framed here under may prefer a n appeal before the Tribunal. Provided that such appeal shall be presented to the Tribunal within forty-five days fr om the date of service of a nd shall be accompanied by a copy of the said aggrieved or der. 2) No appeal under this section shall be entertained unless a ny dues to the municipality determined under the aggrieved order by the municipality are deposited with the municipality. 3) The provisions of P art II a nd Part III of the Limitation Act, 1963 (36 of 1963) relating to appeal shall apply appeal preferred under this section. 4) The decision of the Tribunal with regard to any valuation or assessment of revenue shall be fina l and no suit or proceeding shall lie in any Civil Court in respect of any matter, which has been or may be referred to or has been decided by the Tribunal.” Secretary, Law & Judicia l Department, Govt. of Mizoram. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200 - 21 - Ex-391/2015

The Mizoram Appropriation No. 4 (Second Vote on Account) Act, 2015

VOL - XLIVISSUE - 392Date - 18/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 18.8.2015 Sravana 27, S.E. 1937, Issue No. 392 NOTIFICATIONNo.H.12018/83/2013-LJD, the 5th August, 2015. The following Act is hereby published for general information. The Mizoram Appropr iation No. 4 (Second Vote on Account) Act, 2015 (Act No. 10 of 2015) Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram. Act No. 10 of 2015 THE MIZORAM APPROPRIATION No. 4 (SECOND VOTE ON ACCOUNT) ACT, 2015 AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services for another three months of the Financial Year, 2015-2016 i.e. August to October, 2015. It is enact ed by the Legislative Assembly of Mizoram in the Sixty Sixth Year of the Republic of India as follows :- Short Title1.T his Act ma y be ca lled the Mizor am Appr opr ia tion (Second Vote on Account) Act, 2015 Issue of ^ 182381.442.From and out of the Consolidated Fund of the State of Mizoram, there may lakh out of the Conso-be paid and applied the sums not exceeding those as specified in column (5) lidated Fund of the Stateof the Schedule to this Act , amounting, in the aggregate, to t he sum of of M izoram for fift h toRupees one thousand eight hundred twenty-three crore eighty-one lakh seventh month of theforty-four thousand only for defra ying the severa l charges which will come Financial Year, 2015-2016in course of payment for the fifth to seventh months of the Financial Year, i.e. August to October, 2015. 2015-2016 i.e. August to October, 2015 in respect of the services specified in column (2) of the Schedule. - 2 - Ex-392/2015 Appropriation3.The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of Mizor am by this Act sha ll be appr opriated for the s ervices and purposes expressed in the Schedule in relation t o the said period. 1Legislative AssemblyRevenue434.0821.80455.88 Capital12.5012.50 2GovernorRevenue2.65124.11126.76 3Council of MinistersRevenue142.73142.73 4Law & JudicialRevenue449.59148.87598.46 Capital203.25203.25 5VigilanceRevenue132.05132.05 6Land Revenue & ReformsRevenue554.83554.83 7Excise & NarcoticsRevenue704.84704.84 8TaxationRevenue320.14320.14 9FinanceRevenue11987.2911987.29 Capital6575.506575.50 10Mizoram Public Service Commission Revenue133.25133.25 11Secretariat Administr ationRevenue2364.832364.83 12Parliamentary AffairsRevenue12.9812.98 13Personnel & Administrative Reforms Reven ue50.4750.47 14Planning & Programme Implementa tion Reven ue1271.091271.09 Capital22425.2522425.25 15Gener al Administration DepartmentRevenue1485.731485.73 16HomeRevenue13247.4413247.44 17Food, Civil Supplies & ConsumerRevenue1697.091697.09 AffairsCapital4456.654456.65 18Printing & StationeryRevenue390.39390.39 19Local AdministrationRevenue1809.941809.94 20School Educa tionRevenue20920.8220920.82 21Higher & Technica l Educa tionRevenue4613.884613.88 22Spor ts & Youth ServicesRevenue294.00294.00 23Art & CultureRevenue200.00200.00 24Medical & Public Health ServicesRevenue9069.069069.06 25Water Supply & SanitationRevenue3076.873076.87 Capital1016.621016.62 26Information & Public RelationsRevenue282.39282.39 27District CouncilsRevenue5374.715374.71 28Labour & EmploymentRevenue446.14446.14 29Social WelfareRevenue3459.263459.26 30Disaster Management & Rehabilitation Revenue336.35336.35 31AgricultureRevenue5640.375640.37 THE SCHEDULE (See sections 2 and 3) (^ in lakh) Demand No.12345 SERVICES AND PURPOSESVoted by Legislative AssemblyCharged on the Consoli- dated FundTotal SUMS NOT EXCEEDING 32HorticultureRevenue2550.132550.13 33Soil & Water Conserva tionRevenue430.17430.17 34Animal Husbandry & VeterinaryRevenue1258.041258.04 35FisheriesRevenue181.65181.65 36Environment & For estsRevenue2889.532889.53 37Co-operationRevenue316.77316.77 Capital105.00105.00 38Rural DevelopmentRevenue9287.899287.89 Capital994.25994.25 39PowerRevenue7305.407305.40 40IndustriesRevenue1063.381063.38 41SericultureRevenue374.03374.03 42Tra nspor tRevenue1079.691079.69 43TourismRevenue118.22118.22 Capital250.00250.00 44Tra de & CommerceRevenue101.83101.83 Capital120.50120.50 45Public WorksRevenue5723.575723.57 Capital317.00317.00 46Urba n Development & PovertyRevenue1570.001570.00 AlleviationCapital3495.043495.04 47Minor IrrigationRevenue417.95417.95 Capital1842.591842.59 48Information & Communica tionRevenue380.86380.86 Technology 49Public DebtRevenue8039.698039.69 Capital6278.456278.45 GRAND TOTAL167635.2714746.17182381.44Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200- 3 -Ex-392/2015

The Mizoram Motor Vehicles Taxation (Amendment) Act, 2015

VOL - XLIVISSUE - 393Date - 18/08/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 18.8.2015 Sravana 27, S.E. 1937, Issue No. 393 NOTIFICATIONNo.H.12018/71/96-LJD, the 5th August, 2015. T he following Act is her eby published for genera l information. The Mizoram Motor Vehicles Taxation (Amendment) Act, 2015 (Act No. 11 of 2015) Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram. - 2 - Ex-393/2015 THE MIZORAM MOTOR VEHICLES TAXATION (AMENDMENT) ACT - 2015 (ACT NO. 11OF 2015) AN ACT Further to amend the Mizor am Motor Vehicles (Taxation) Act, 1996 (hereinafter referred to as the Principal Act) It is enacted by the Legislative Assembly of the State of Mizoram inthe Sixty sixth year of the Republic of India as follows: Shor t title and1.(1) This Act may be called the Mizoram Motor Vehicles (Taxation) Commencement:(Amendment) Act, 2015. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Amendment of2.Section 3 of the Pr incipal Act sha ll be substituted by the following Section 3 :namely: “3. Levy of Tax : (1) The Government, ma y, by notifica tion in the Official Gazette from time to time, direct that a tax shall be levied on ever y motor vehicles, fitted with Pneumatic tyres, used and kept for use in a public place in the State of Mizoram (2) Tax shall be levied in respect of all motor vehicles described in colu mn (1 ) of s c hedu led -I a t t he r a t e no t ex ceeding t he ma x imu m specified in the corresponding entry in column(2) of the said Schedule. (3) L ife time t a x s hall b e levied in r es p ect of a ll 2-wheelers , 3 -wheeler s of motor vehicles and LM V/motor cars coming under non-transport category and all motor cabs/Taxis including 3 -wheelers taxis and maxi cabs, operated and kept for operating within the State of Mizoram, as described, in Schedule-II at the ra te specified in the said Schedule of this Act on their first regist ration in Mizoram. Provided that no tax shall be levied in respect of motor vehicles as specified in sub-section (3) of this Section where the motor vehicle is more than two years old from it s original registration, entering from other State into the rolls of this state, by way of transfer of its registration as provided under section 47 (1) of the Motor Vehicles Act, 1988". Provided fur ther tha t in respect of a chasis of motor vehicles passing thr ough this State from a manufacturer to a dealer under temporary certificate of registr ation for a period not exceeding seven da ys, the ra te of ta x sha ll be one-twent ieth of the paya ble for a quar ter specified in column(2) of Schedule-I. - 7 - SCHEDULE -III [See Section 4 A] REFUND Sl.No. If removal from the state by issue of NOC or cancellation of Regis tration by surrender of Registration Ce rtificate takes place. Percentage to be refund from life -time tax already paid 1 2 3 1 Within a year 93% 2 After 1 year s but within 2 years 86% 3 After 2 year s but within 3 years 79% 4 After 3 year s but within 4 years 72% 5 After 4 year s but within 5 years 65% 6 After 5 year s but within G years 58% 7 After 6 year s but within 7 years 52% 8 After 7 year s but within' 8 years 46% 9 After 8 year s but within 9 years 40% 10 After 9 year s but within I 0 years 34% 1I After I 0 year s but within II years 28% I2 After II year s but within I2 years 22% 13 After 12 year s but within I3 years I6% 14 After 13 year s but within 14 years 11% 15 ·- After 14 year s but within 15years 6% 16 After IS years Nil Notes: - (1) In respect of existing old veh icles for which documentary proof of original cost prices are not available, Transport Department shall, on the basis of available records of the Company/ authorised dealers of vehicles, decide on the amount to be accepted as original cost price. (2) In respect of vehicles for wh ich road tax was clue prior to the date on which these revised rates take effect, but have not been paid, such tax shall be collected at the rates prevailing prior to such elate along with the penalty, if any. (3) Purchase invoice shall be produced in respect of vehicles which are registered on or after the elate these revised rates take effect. (4) Cost of vehicle means - (a) In respect of a vehicle manufactured in India, cost of vehicle as per purchase invoice issued either by the manufacturer or by the dealer of vehicle before VAT and excluding insurance charges. (b) In respect of imported vehicle, irrespective of its place of manufacture, the total cost incurred in importing the vehicle, that is to say, value of vehicle as endorsed in the Bill of Entry or such other document and assesses as such under the Customs Act, 19 2 together with Customs duty levied, freight charges incurred and other taxes levied there upon including additional duty/penalty levied, if any by other Department.

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