The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 10.12.2015 Agrahayana 19, S.E. 1937, Issue No. 660 NOTIFICATIONNo.J.12011/3/2014-REV/148, the 16th November, 2015.In pursuance to this Department’s Notifi- cation No.H.11018/6/2008-REV/pt, dt.15.7.2013, the Governor of Mizoram is please to constitute Site Allot- ment Advisory Board (SAAB) withinMamitDistrictstation areas asKANHMUN Village with immedi- ate effect and valid for 2 years. The composition of the SAAB shall be given as under. 1.Chairman:T.Hrangthanzami, President, Village Council. 2.Secretary:Pawlremthanga, Headmaster, High School, Kanhmun. MEMBERS : 1.Zothanmawia. 2.Lalbiakzuala. 3.F.Lalawithanga. 4.Lalduhthanga, S.D.O., P.W.D. FUNCTIONS AND TERMS OF REFERENCE OF THE SAAB1.The Site Allotment Advisory Board will be the Screening Board in the matter of application for allot- ment of land for agricultural and non-agricultural purposes. 2.The Board shall have to judiciously examine the applicant’s originality with reference to sub-section (16) of Section 2 of the Mizoram (Land Revenue) Act, 2013. If the condition in these provisions are not fulfilled by the applicant or applicants the Board shall have to reject outright. 3.All Board shall have its sittingat leasttwice in a year or as may be required and TA shall be given to the members of the Board if the place of sitting is more than 8 (eight) kilometer from the headquarter of the member. The Secretary SAAB shall issue Meeting Notice in consultation with the Chairman by giving at least 10 (ten) days in advance to the member of SAAB. 4.All applications in prescribed Form for allotment of land in Village Plan area as referred in Explanation to Sub-rule (1) of Rule 14 and Rule 16 of the Mizoram (Land Revenue) Rules, 2013 read with Section 39 and 40 of the Act for any category or purpose must be submitted to the Settlement Officer or Assistant Settlement Officer if Chairman of SAAB is the Deputy Commissioner of the District. In case, Chairman of SAAB is SDO (C) or BDO or President, Village Council the application for land allotment of any category must be submitted to the concerned Chairman. 5.The Board shall make initial screening of the application with regard to location of the applied site. After a summary screening, the Board shall place the matter for demarcation of land by Surveyor, Revenue Depar tment in the pr esence of the applica nt, the concerned VC a nd neighbouring land holder, if any. Measurement of land should be accurate and NOC shall be obtained from the neighbouring land holder, if existent. Format of NOC is as prescribed by Revenue Department. 6.The demarcation report of Surveyor duly vetted by Assistant Survey Officer shall be scrutinized by the Board carefully. The recommendation of the meeting of Board shall be submitted to the con- cerned District Revenue Officer for further submission to the Government through the Director, Land Revenue & Settlement, Aizawl Mizoram for decision of the Government. 7.In case, there are more than one applicant for one plot or one area SAAB will make recommendation of such names in order of priority. 8.The SAAB shall have to examine whether allotment of land will interfere or infringe upon public safety and security or general public health or public inconvenience or adverse impact on environment or natural beauty of the area or potential obstruction to future infrastructure development work of the Government. It shall also take into account that the allotment of land shall not violate the provisions of the Mizoram (Prevention of Government Land Encroachment) Act, 2001 as amended from time to time. 9.The term of the Board shall be three years. The Government may, however, dissolve at any time or extend as it may deem necessary in the interest of public. Zothankhuma, Secretary to the Govt. of Mizoram, Land Revenue & Settlement Deptt. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.Ex-660/20152

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 10.12.2015 Agrahayana 19, S.E. 1937, Issue No. 661 NOTIFICATIONNo.J.12011/3/2014-REV/149, the 16th November, 2015.In pursuance to this Department’s Notifi- cation No.H.11018/6/2008-REV/pt, dt.15.7.2013, the Governor of Mizoram is please to constitute Site Allot- ment Advisory Board (SAAB) withinMamitDistrict station areas asPUKZING Villagewith immediate effect and valid for 2 years. The composition of the SAAB shall be given as under. 1.Chairman:Pu H.Zathanga, President, Village Council. 2.Secretary:Pi R.Lalduhawmi, Headmaster, RMAS High School. MEMBERS : 1.Pu Lalthanmawia, Secretary, Village Council. 2.Pu H.Lalvawta, President, INC. 3.Pu P.Hmingthanzauva, President, MNF. 4.Pu Thangzika, President, MUP. 5.Tv. H.Chanchinmawia, President, YMA. FUNCTIONS AND TERMS OF REFERENCE OF THE SAAB1.The Site Allotment Advisory Board will be the Screening Board in the matter of application for allotment of land for agricultural and non-agricultural purposes. 2.The Board shall have to judiciously examine the applicant’s originality with reference to sub-section (16) of Section 2 of the Mizoram (Land Revenue) Act, 2013. If the condition in these provisions are not fulfilled by the applicant or applicants the Board shall have to reject outright. 3.All Board shall have its sittingat leasttwice in a year or as may be required and TA shall be given to the Members of the Board if the place of sitting is more than 8 (eight) kilometer from the headquarter of the member. The Secretary SAAB shall issue Meeting Notice in consultation with the Chairman by giving at least 10 (ten) days in advance to the member of SAAB. 4.All applications in prescribed Form for allotment of land in Village Plan area as referred in Explanation to S ub-rule (1) of Rule 14 and Rule 16 of the Mizor am (Land Revenue) Rules, 2013 read with S ection 39 and 40 of the Act for any category or purpose must be submitted to the Settlement Officer or Assistant Settlement Officer if Chairman of SAAB is the Deputy Commissioner of the District. In case, Chairman of SAAB is SDO (C) or BDO or President, Village Council the application for land allotment of any category must be submitted to the concerned Chairman. 5.The Board shall make initial screening of the application with regard to location of the applied site. After a summary screening, the Board shall place the matter for demarcation of land by Surveyor, Revenue Depar tment in the pr esence of the applica nt, the concerned VC a nd neighbouring land holder, if any. Measurement of land should be accurate and NOC shall be obtained from the neighbouring land holder, if existent. Format of NOC is as prescribed by Revenue Department. 6.The demarcation report of Surveyor duly vetted by Assistant Survey Officer shall be scrutinized by the Board carefully. The recommendation of the meeting of Board shall be submitted to the con- cerned District Revenue Officer for further submission to the Government through the Director, Land Revenue & Settlement, Aizawl Mizoram for decision of the Government. 7.In case, there are more than one applicant for one plot or one area SAAB will make recommendation of such names in order of priority. 8.The SAAB shall have to examine whether allotment of land will interfere or infringe upon public safety and security or general public health or public inconvenience or adverse impact on environment or natural beauty of the area or potential obstruction to future infrastructure development work of the Government. It shall also take into account that the allotment of land shall not violate the provisions of the Mizoram (Prevention of Government Land Encroachment) Act, 2001 as amended from time to time. 9.The term of the Board shall be three years. The Government may, however, dissolve at any time or extend as it may deem necessary in the interest of public. Zothankhuma, Secretary to the Govt. of Mizoram, Land Revenue & Settlement Deptt. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.Ex-661/20152

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 10.12.2015 Agrahayana 19, S.E. 1937, Issue No. 662 NOTIFICATIONNo.J.12011/3/2014-REV/150, the 16th November, 2015.In pursuance to this Department’s Notifi- cation No.H.11018/6/2008-REV/pt, dt.15.7.2013, the Government of Mizoram is please to constitute Site Allotment Advisory Board (SAAB) withinMamitDistrict station areas asTUMPANGLUI Village with immediate effect and valid for 2 years. The composition of the SAAB shall be given as under. 1.Chairman:Lalngaihawma, President, Village Council. 2.Secretary:Malsawmkima, Headmaster, U.P.S. MEMBERS : 1.J.D.Molshoy, Secretary, Village Council. 2.Gobendro, INC Party. 3.Joingthumrai, BJP Party. 4.Horojoy, MUP. 5.Pabitro, Treasurer, Village Council. 6.Adiruny, Vice President, Village Council. 7.Birhoram, President, YMA. FUNCTIONS AND TERMS OF REFERENCE OF THE SAAB1.The Site Allotment Advisory Board will be the Screening Board in the matter of application for allotment of land for agricultural and non-agricultural purposes. 2.The Board shall have to judiciously examine the applicant’s originality with reference to sub-section (16) of Section 2 of the Mizoram (Land Revenue) Act, 2013. If the condition in these provisions are not fulfilled by the applicant or applicants the Board shall have to reject outright. 3.All Board shall have its sittingat leasttwice in a year or as may be required and TA shall be given to the members of the Board if the place of sitting is more than 8 (eight) kilometer from the headquarter of the member. The Secretary SAAB shall issue Meeting Notice in consultation with the Chairman by giving at least 10 (ten) days in advance to the member of SAAB. 4.All applications in prescribed Form for allotment of land in Village Plan area as referred in Explanation to Sub-rule (1) of Rule 14 and Rule 16 of the Mizoram (Land Revenue) Rules, 2013 read with Section 39 and 40 of the Act for any category or purpose must be submitted to the Settlement Officer or Assistant Settlement Officer if Chairman of SAAB is the Deputy Commissioner of the District. In case, Chairman of SAAB is SDO (C) or BDO or President, Village Council the application for land allotment of any category must be submitted to the concerned Chairman. 5.The Board shall make initial screening of the application with regard to location of the applied site. After a summary screening, the Board shall place the matter for demarcation of land by Surveyor, Revenue Depar tment in the pr esence of the applica nt, the concerned VC a nd neighbouring land holder, if any. Measurement of land should be accurate and NOC shall be obtained from the neighbouring land holder, if existent. Format of NOC is as prescribed by Revenue Department. 6.The demarcation report of Surveyor duly vetted by Assistant Survey Officer shall be scrutinized by the Board carefully. The recommendation of the meeting of Board shall be submitted to the con- cerned District Revenue Officer for further submission to the Government through the Director, Land Revenue & Settlement, Aizawl Mizoram for decision of the Government. 7.In case, there are more than one applicant for one plot or one area SAAB will make recommendation of such names in order of priority. 8.The SAAB shall have to examine whether allotment of land will interfere or infringe upon public safety and security or general public health or public inconvenience or adverse impact on environment or natural beauty of the area or potential obstruction to future infrastructure development work of the Government. It shall also take into account that the allotment of land shall not violate the provisions of the Mizoram (Prevention of Government Land Encroachment) Act, 2001 as amended from time to time. 9.The term of the Board shall be three years. The Government may, however, dissolve at any time or extend as it may deem necessary in the interest of public. Zothankhuma, Secretary to the Govt. of Mizoram, Land Revenue & Settlement Deptt. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.Ex-662/20152

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.J.l1012/3/1998-POL/Wed, the 2nd December, 2015.Consequent upon the induction of Pu Lal Thanzara as Cabinet Minister in the Council of Ministers of Mizoram, the Governor of Mizoram, on the advice of the Chief Minister is pleased to allocate the following portfolios with immediate effect. Sl Name of MinisterDepartment alloted 1.Lal Thanzara1. Health & Family Welfare Deptt. Minister2. Information & Public Relation Deptt. 3. Infor mation & Communication Technology Deptt. Lalmalsawma, Chief Secretary to the Govt. of Mizoram. VOL - XLIV Aizawl, Thursday 10.12.2015 Agrahayana 19, S.E. 1937, Issue No. 663Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 17.12.2015 Agrahayana 26, S.E. 1937, Issue No.666 NOTIFICATIONNo.B. 11041/1/2015-HMP, the 7th December, 2015. In exercise of the power conferred under section (3) of Section 1 of the Mizoram P rivate Placement Agencies (Regulation) Act, 2015 (Act No. 15 of 2015), the Governor of Mizoram her eby appoints the 1st January, 2016 as the date on which the provisions of the said Act sha ll come into force. Da vid H. Lalthanglia na , OSD-cum-Under Secretary to the Govt of Mizoram, Home Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 17.12.2015 Agrahayana 26, S.E. 1937, Issue No.667 NOTIFICATIONNo.B. 14016/42/15-LAD/VC, the 8th December, 2015. Lushai Hills District (Village Councils) Act, 1953 S ection 2 (20) in a sa wi angin Mizor am Governor chu an Kola sib District chhunga New Builum, Rengtekawn leh Gosen veng Village Council ramri chu Annexure a mi ang hian a siam a . Hei hian tun hma lama lo sia m tawh a awm a nih pawhin a luah lan nghal a ni. Thatkunga, Secretary to the Govt of Mizoram, Local Administration Department. - 2 - Ex-667/2015 ANNEXURENEW BUILUM VILLAGE COUNCIL BOUNDARYRengtekawn - New Builum Road-a New Builum thlen hma chiah a kawr a Culvert chu Starting Point-a hma ngin, chuta tang chuan chu ka wrte chu khawchhak la m hawiin a zawh thla a . Banglalui a pawh thla a, Banglalui chu a ma wnglam hawia za whin Ba wktlang tukhur luiin a fiina thleng a zawh a . Bawktlang tukhurlui chu a hnar lam hawia zawh leh in Bawktlang ngaw ka wna in bang liamin Ba wktlang ngaw lui a pawh a. Bawktlang ngaw lui chu a mawnglam hawi a zawhin Rengtelui (chhuahlam) in a finna thlengin a zawh a. Rengtelui chhuahla m chu a hnarla m hawia zawh chhovin charnumber luiin a finna thleng a zawh a, Char number lui chu a hnar lam hawia zawh chho lehin Gosen to New Builum kawng kanin Pu Liana leh Pu Zora mliana huan inkar rua mah chhovin ngil takin Tower 3-na a su a. Kham kovah pheiin Bawktlang tlang sang lai berah chhovin, khawchhak lam hawia inbang liamin New Builum bula kawr chu a pawh thla a. Kawr chu za wh thla in Starting Point a ma n leh a ni. RENGTEKAWN VILLAGE COUNCIL BOUNDARY, KOLASIBAiza wl to S ilchar Road (NH54)-a Rengtekawn YMA chawlhbuk awmna kawr chu Star ting Point- a hmangin, chu kawrte chu khawchhak hawia zawh thlain Banglalui a pa wh thla a. Banglalui chu a mawng lam hawia zawh thlain Saithuama Quary lui kawr chu a hmar lam hawi zawh chhovin, New Builum khaw bula kawrte chhuk thla chu zawh chhovin New Builum Road kanin a zawh chho zel a, Tower pathumna (3) a thleng a, chuta tang chua n kham koah chhovin Ba wktlang tlangsa ng lai berah chhovin khamkoah phei zelin Rengtekawn High School bula kawrte a thleng a. Chu kawrte chu zawh thlain Aizawl to S ilchar Road (NH54) kanin kawrte chu za wh thla zelin Rengtelui a pawh thla a. Rengtelui chu a ma wng lam hawi a zawh thla lehin Zotui luiin Rengtelui a finna thleng a zawh a. Zotuilui chu a hmar lam hawia za wh chhovin Bairabi Road a chhu ak chho a, Bair abi Roa d chu Kolasib lam hawia zawh chhovin Kolasib Forest check Gate bulah NH54 a pawh chho a. NH54 tan tlangin YMA chawlhbuk Star ting Point a ma n leh a ni. GOSEN VENG VILLAGE COUNCIL BOUNDARY, KOLASIB Kolasib Rengtekawn High School bula ka wrte chhukthla in Aizawl to Silchar Road (NH54)-a kanna lai ta k chu starting point-a hmangin, chu kawrte chu zawhthlain R engte lui a pawh thla a. Rengtelui tlak lam chu a mawng lam hawia zawhthlain, Tuikhawhthla luiin R engtelui a finna atangin Tuikhawhthla lui chua hmar lam hawia zawh chhoin, Aizawl to Silchar Roa d kanin a zawh chho zel a, tun hma a kawnghlui a pa wh chho a. YMA Park r i zelah khawchhak lam hawia pheiin kawrpui hnar a pawh phei a. Kawrpui chu a mawng lam hawia zawh thlain Rengtelui (chhuahlam) a pawh thla a. Rengtelui chu a mawng lam hawia zawh thlain, Char number luiin Rengtelui a finna atangin char numberlui chu a hmar lam hawia zawh chhovin Pu Darthanhlira huan leh Pi Kimi huan inkar zawh chhovin Gosen to New Builum kanin Pu Liana leh Pu Zora mliana huan inkar rua mah chhovin ngiltakin Tower pathumna (3) a su a. T lang dungah pheiin Bawktlang tlangsang lai berah chhovin, khamkoah phei zelin Rengtekawn High School bula kawrte chu zawh thlain Aizawl to Silchar Roa d Starting Point a ma n leh a ni.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 17.12.2015 Agrahayana 26, S.E. 1937, Issue No.668 NOTIFICATIONNo.12018/17/2013-P&AR(GSW), the 9th December, 2015. The Governor of Mizoram is pleased to make Recruitment Policy for the post of Eye Bank Technician (co- t erminus) under Nationa l Progr amme for Control of Blindness(CSS) in the Department of Opthalmology, Eye Bank at Civil Hospital, Aizawl under Health & Fa mily Welfare Department. Sl. Name ofMode of Pay Band &Educational Qualification/ Experience required No.PostRecruitment Grade Pay 1Eye Bank100% by PB 1: ^ 5200- 1) Class-XII from any recognized Institution. Techniciandirect20200 +2) 2(two) years training in Opthalmic Technology from recruitment2800 GPrecognized Institution. 3) Wor king knowledge of Mizo language at least Middle School standard. 4) Age limit: 18-35 years, upper age limit relaxable by 5 years for Scheduled Tribe/Scheduled Castes. Desir able: 1) At least 2 (two) years working experience as Opthalmic Assistant/Technician in Eye Bank. 2) Undergone training for Eye Bank Techniques from recognized Institution. 1.The Selection Committee for the a bove post shall consist of the following: 1) Secr etary, Health & Family Welfare Depart ment- Chairman 2) Principal Director, H & FW Department- Member 3) Secr etary, DP&AR or his rep resentat ives- Member 2.Init ial Constitution: The incumbents holding t he post specified in this Recruitment Policy, who were appointed to the post before the commencement of this policy shall be deemed to have been valid appointed under the provisions of this policy. R.Malsawma, Joint Secretary to the Govt. of Mizoram, Dept t. of P ersonnel & Adve. Reforms.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 17.12.2015 Agrahayana 26, S.E. 1937, Issue No.669 NOTIFICATIONNo.G. 12017/8/2012-HTE, the 9th December, 2015. In supercession of this Department’s Notifica tion even No. dt. 03.10.2013, and Whereas the Govt. of Mizoram felt it necessary to revise the existing adoption of the UGC Regulations, 2010 issued vide Notification No.G. 12017/6/2009-HTE dt.25.11.2010 wherein various provisions of the said Regulations were deleted which may cause serious inconveniences in future; And whereas the proposal for revision of t he said UGC Regulations, 2010 was approved by the Council of Ministers in its meeting held on 11.09.2013; Now, the Governor of Mizoram is pleased to order extension of all the provisions of the UGC Regulations, 2010 except the following conditions:- 1.Retirement a ge: Retirement age of College Principals, College Teachers and College Librar ians shall remain 62 years. 2.Allowances: The present Allowa nces shall continue as already regula ted. 3.Remuneration of Contract Assistant Professors:It shall continue as already regulated. 4.Remuneration of Part-Time Assistant Professors: Remuneration of Par t-Time Assista nt Professors is fixed at Rs. 500/- per lecture to a maximum of Rs. 20,000/- per month. Part-Time Assistant Pr ofessor s should possess the r equired minimum qualifications as needed for appoint ment of a regular Assistant Professor. 5.Appointment of College Principals: Formal procedure will be followed for appointment of College Principals and the final selection will be done by the Mizoram Public Service Commission (MPSC). This Notification shall take effect from its publication in the official gazette. This issues with the vetting of Law & Judicial Department vide I.D. No. LJD. 17/2012/150 dt. 27.09.2012 and concurrence of Finance Department vide I.D. No. FIN(E) 1561/2012 dt. 07.08.2013. K. Lal Nghinglova, Commr. & Secretary to the Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 17.12.2015 Agrahayana 26, S.E. 1937, Issue No.670 NOTIFICATIONNo. B. 11029/11/2009-UD&PA (ADB) SIPMIU, the 10th December, 2015.In supersession of Government’s Notification vide NO.G.16035/79/07-FEA Dt.29.07.2009, the Governor of Mizora m is pleased to r e-constitute an Investment Pr ogramme Empowered Committee (IPEC) for Implementation of Aiza wl City, Urban Development Project under North Eastern Region Ca pital Cities Development Project (NERCCDIP) (Phase-I) to be funded by the Asian Development Bank (ADB) with immediate effect and until further order with the following compositions:- 1.Secr etary, Urban Dev. & P overty Allevia tion Deptt.-Chairman 2.Secretary, Finance Deptt.-Member 3.Secr etary, Public Health Engineering Deptt.-Member 4.Secretary, Land Revenue & Settlement Deptt.-Member 5.Principal Adviser, State Planning Board-Member 6.Engineer-in-Chief, Public Health Engineering Deptt.-Member 7.Chief Engineer (Building), Public Works Deptt.-Member 8.Joint Secretary, Urban Dev. & P overty Allevia tion Deptt.-Member 9.Director, Urban Dev. & Poverty Allevia tion Deptt.-Member 10.Director, Land Revenue & Settlement Deptt.-Member 11.Municipal Commissioner, Aizawl Municipal Corporation-Member 12.Addl. Secretary/Joint Secretary, Finance Deptt. (EA)-Invitee 13.Joint Director, Urba n Dev. & Poverty Alleviation Deptt.-Invitee 14.Deputy Secretary/Under Secretary, UD&PA Deptt.-Invitee 15.Progr amme Dir ector, S IPMIU-Member Secretary The terms of reference of the Committee are as under: 1)The Committee will take decisions in all matters related to the investment programme, which do not effect its scope or cost. 2)Decisions a t (1) a bove include financial and administr ative approvals, approval of procurement tenders, purchases, appointment of staff, creation of posts, recruit ment of project management capacity buildings and detailed design consultants, acquisition of land and other similar other matters. Dr.C. Vanlalramsanga, Secr etary to the Govt. of Mizoram, Urba n Development & Poverty Alleviation Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 17.12.2015 Agrahayana 26, S.E. 1937, Issue No.671 NOTIFICATIONNo. H. 12018/241/2015-LJD, the 15th December, 2015.The following Ordinance is hereby published for general informa tion THE MIZORAM (LAND ACQUISITION, REHABILITATION AND RESETTLEMENT) ORDINANCE, 2015 ORDINANCE NO. 1 OF 2015 Promulgated by the Governor of Mizoram on the Sixty Sixth year of the Republic of India An Ordina nce - 2 - Ex-671/2015 THE MIZORAM (LAND ACQUISITION, REHABILITATION AND RESETTLEMENT) ORDINANCE, 2015. WHEREAS the Right to Fair Compensa tion and Transparency in Land Acquisition, Rehabilita tion and Resettlement Act, 2013 (the RFCTLARR Act, 2013) came into force from 1st January, 2014, repealing the Land Acquisition Act, 1894; AND WHEREAS Article 371G of t he Constit ution of India specially provides that no Act of Parliament in respect of ownership and transfer of land shall apply t o the S tate of Mizoram unless the Legislative Assembly of the State of Mizor am by a resolution decides; AND WHEREAS the RFCTLARR Act, 2013 has not been a dopted by the Legislative Assembly of the State of Mizoram till date; AND WHEREAS it is expedient to have in the State of Mizoram, a law to ensur e a humane, participative, informed and transparent pr ocess for land acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturba nce to the owners of t he land and other affected families a nd provide jus t and fair compensation to the affected families whose la nd has been acqu ired or proposed to be acquired or ar e affected by such acquisition and ma ke adequate pr ovisions for such affected persons for their r ehabilitation and resettlement and for ensuring that the cumulative out come of compulsory acquisition should be that affected persons become partners in development leading to an impr ovement in their post-acquisition social and economic status and for matters connected t herewith or incidental thereto. AND WHEREAS the Legislative Assembly of t he State of Mizoram is not in session and the Governor of Mizoram is satisfied, on the advice of the Council of Ministers, Mizoram, that circumsta nces exist which render it necessary for him to take immediate act ion; NOW, THEREF ORE, in exer cise of the powers confer red by clause (1) of Article 213 of the Constitution of India, the Governor of Mizoram is pleased to promulgate the following Ordina nce in then Sixty-Sixth year of the Republic of India. CHAPTER 1 Preliminary 1 . Short title, extent and commencement. (1) This Ordinance may be called the Mizoram (Land Acquisition, Rehabilitation and Resettlement) Ordinance, 2015. (2) It extends to the whole State of Mizoram. (3) It shall come into force from the date of its publication in the official Gazette. 2 . Definitions. In t his Ordinance, unless the context otherwise requires, -(a) “Administra tor” means an officer appointed for the pur pose of rehabilitation and r esettlement of affected families under sub - section (1) of section 41; (b) “affected a rea” means such area a s may b e notified by the Government for the purposes of land acquisition; (c) “affected family” includes – (i) a fa mily whose land or other immovable property has been acquired; (ii) a member of the family who has been assigned land by the State Government under any of its schemes and such land is under a cquisit ion; (iii) a fa mily residing on any land in the urban areas for pr eceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land; (d) “agr icultur al land” means land used for the purpose of – (i) agriculture or horticulture; (ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding of livestock or nursery growing medicinal herbs; (iii) raising of crops, trees, gr ass or garden produce; and (e) “Authority” means the Land Acquisition and Rehabilitation and Resettlement Authority established under section 47; (f) “Collector” means t he Collector of a revenue dis trict, a nd includes a Deputy Commissioner and any officer specially designa ted by the Government to per form the functions of a Collector under this Ordina nce; (g) “Commissioner” means the Commissioner for Rehabilitation and Resettlement appointed under sub - section (1) of section 42; (h) “cost of acquisition” includes – (i) amount of compensation which includes solatium, any enhanced compensation ordered by t he Land Acquisition a nd Rehabilitation and Resettlement Authorit y or the Court and interest payable thereon and any other amount det ermined as paya ble to the affected families by such a uthorit y or Court according t o the nature of the acquisit ion; (ii) demurrage to be pa id for damages caused to the land and standing cr ops in the process of acquisition; (iii) cost of acquisition of land a nd building for s ett lement of displaced or a dversely affect ed families; (iv) cost of development of infrastru cture a nd amenities a t the r esettlement ar eas; (v) cost of rehabilita tion and resettlement as determined in accordance with the provisions of this Ordinance; (vi) administrative cost – ( A) for acquisition of land including both in the project site a nd out of project area of la nds, not exceeding such percenta ge of the cost of compensation as may be prescribed by the Government; (B) for rehabilitation and resettlement of t he owners of t he land and other affected families whose land has been acquired or proposed to be acquired or other fa milies affected by such acquisition according to the nature of such a cquisit ion; (vii) cost of undertaking ‘Social Impact Assess ment study’; (i) “company” means – (i) a company a s defined in section 3 of the Compa nies Act, 2013, other than a Government company; (ii) a society registered under the Mizoram S ocieties registration Act, 2005 (13 of 2005) or under any corresponding law for the time being in force in the State; (j) “displaced family” means any family, who does not possess any other suitable land for settlement on account of acqu isition of land and who has to be relocated and resettled from the affected area to the resettlement a rea; (k) “entitled to act”, in relation t o a person, sha ll be deemed to include the following persons, namely :- (i) trustees for other persons beneficially interested with refer ence to any such case, and that to the same extent a s the person b eneficia lly interested could have acted if free from disability; (ii) the guardia ns of minors a nd the committees or managers of lunatics to the same extent as the minors, lunatics or other persons of unsound mind themselves, if free from disability could have acted;- 3 -Ex-671/2015 Provided that the provisions of Order XXXII of the Fir st Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall,mutatis mutandis , apply in the ca se of p ersons interested appearing before a Collector or Authority by a next fr iend, or by a guardia n for the case, in proceedings under this Ordina nce; (l) “family” includes a person, his or her s pouse, minor children, minor brothers and minor sisters dependant on him ; Provided tha t widows, divorcees and women deserted by fa milies shall be considered separ ate families; Explanation – An adult of either gender with or without spouse or children or dependents shall be consider ed as a separa te family for the pu rposes of this Ordina nce. (m) “Government’ or ‘State Government’ means the State Government of Mizoram. (n) “holding of land” means the total land held by a person a s an owner, occupant or otherwise; (o) “inf rastruct ure project” shall inc lude a ny one or mor e of the it ems specified in clause (b) of sub - section (1) of section 3; (p) “la nd” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything atta ched to the earth; (q) “landless” means such persons or class of persons who may be,- (i) cons idered or specified as such under any state law for the time being in force; or (ii) in a case of landless not being specified under sub - clause (i), as may be specified by the Government; (r) “land owner” includes any person, - (i) whose name is recor ded as the owner of the land or building or part thereof, in the records of the authority concerned; or (ii) who is granted rights on t he land under a ny law of the S tate including assigned lands; or (iii) any person who has been declared as such by an order of the court or Author ity; (s) “local authority” includes a town planning author ity (by whatever name called) set up under any law for the time being in force, a Village Council or Local Council or Municipality as defined in Article 243P, of the Constitution of India; (t) “mar ket value” means the value of land determined in a ccordance with section 26; (u) “notification” mea ns a notification published in the Gazette of Mizoram; (v) “person interested” mea ns – (i) all persons listed at (a) & (b) below claiming a n inter est in compensation to be made on account of a cquisition of land under this Ordinance :- (a) who are in possession of landed property under valid LS Cs, House Pass, Shop P ass, Stall Pass, Periodic Patta and Land Lease issued by the Government under the Mizoram (Land Revenue) Acts, 2013 and the Rules made thereunder; (b) who are in possession of house passes issued by the Village Council within the perimeter of the village which is not notified as ‘town’ or ‘sub-town’ or ‘sta tion ar ea’; Explanation : For the purpose of sub-clause (b), the perimeter of a village shall mean the area of human ha bitation surrounded by the safety r eserve or by boundaries notified by the Government as the perimeter of that village, and only the House Pass issued within such village perimeter a nd its genuineness confirmed from the original records of the Village Council concerned shall be entertained. Provided that any persons who does not utilize the allotted lands for the purpose for which it was allotted for a period of 10 (ten) years shall not be treated as person interested. Provided fur ther that in ca se of a ny doubt as to the validity of any cla im, the decision of the Government shall be final. (ii) a person int erested in an easement affecting the land; (iii) any person whose pr imary source of livelihood is likely to be adversely affected; (w) “prescribed” means prescr ibed by rules made under this Ordina nce;- 4 - Ex-671/2015 (x) “pr oject” means a pr oject for which land is being acquired, irrespective of the number of persons affected; (y) “public purpose” means the activities specified under sub-section (1) of section 3; (z) “Requiring Body” mea ns a company, a body corporate, an institution, or any other organisa tion or person for whom land is to be acquired by the Government, if the acquisit ion of land is for such Government either for its own use or for subsequent transfer of such land for public purpose to a compa ny, body corporate, a n institution, or any other organization, as the case may be, under lease, licence or through a ny other mode of transfer of land; (za) “Res ettlement Area” means an area wher e the affected fa milies who ha ve been displa ced as a result of land acquisition are r esettled by the Government. 3 . Application of Ordinance. (1) The provisions of this Ordinance relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the Sta te Government acquires land for its own use, hold and cont rol, including for Public Sector undertakings and for public purpose, and shall include the following purposes, namely :- (a) for strategic purposes relating to military, air force, and armed forces of the Union, including central paramilitary for ces or any work vital to national security or defence of India or Sta te police, safety of the people; or (b) for infrastr ucture projects, which includes the following, namely :- (i) projects involving agro-pr ocessing, supply of inputs to agriculture, warehous ing, cold storage facilities, ma rketing infrastructure for agricu lture and allied activities such as dairy, fisheries, and meat processing, set up or owned by the Government or partly owned by the Government orby a farmers’ co-operative or by an institution set up under a statute; (ii) project for industrial corridors or mining activities, national investment and manufacturing zones, as designated in the National Manufactur ing Policy; (iii) project for water harvest ing and conservation structur es and sanitation; (iv) project for Government administered, Government aided educational and research schemes or institutions; (v) project for sports, health care, tourism, transportation of space progra mme; (vi) a ny infra s t ru ctu r e f acilit y a s ma y b e not ified in t his regar d b y t he S ta t e G over nment ; (c) project for project affect ed families; (d) project for housing; for such income group, as may be specified from time to time by the Government; (e) project for planned development or the improvement of village sites or any site in the urba n areas or provision of land for residential purposes for the weaker sections in urban areas; (f) project for residential purposes to the poor or landless or to persons residing in a reas affected by na tur al calamities, or to persons displaced or affected by reason of t he implementation of any scheme undertaken by the State Government, a ny loca l authority or a corpor ation owned or controlled by the State. (2) The provisions of this Ordinance relating to land acquisitions, consent, compensation, rehabilitation and resettlement, shall also apply, when the Government acquires land for the following purposes, namely :- (a) for public private partnership projects, where the ownership of the land continues to vest with S tate Government, for public purpose as defined in sub-s ection (1); (b) for private companies in the interest of the public; Provided tha t in the case of acquisition for – (i) private companies, the prior consent of at least eighty per cent of those affected families.- 5 -Ex-671/2015 (ii) public priva te partnership project s, the prior consent of at least seventy percent of t hose affected families, shall be obtained through a process as may be prescribed by the Government : Provided fur ther that the process of obta ining the consent shall be car ried out along with the Social Impact Assessment study referr ed to in section 4: (3) The provisions relating to rehabilitation and resettlement under this Ordinanceshall apply in the cases where, - (a) a pr ivate company purchases land, equal to or more than such limits in rur al areas or urba n areas, as ma y be pr escribed by the Government, through private negotiations with the owner of the land in accorda nce with the provisions of section 44; (b) a private company requests the Government for acquisition of a part of an area so prescribed for a public purpose: Provided that where a private company r equests the Government for partial acquisition of land for public purpose, then, the rehabilitation and reset tlement entit lements under the Second Schedule shall be applica ble for the entire ar ea which includes the land purchased by the private company and a cquired by the Government for the project as a whole. CHAPTER II DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE A - PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE 4 . Preparation of Social Impact Assessment Study. (1) Whenever the government intends to acquir e land for a public pur pose, it shall consult the concerned Village Council or Loca l Council or Municipa lity as the case may be at Village level or Local Council level in the affected area and carry out a Social Impact Assessment Study in consultation with them, in such manner and from such date a s ma y be specified by such Government by notification. (2) The not ifica tion issued by the Government for commencement of consulta tion and of the Social Impact Assessment Study under sub-section (1) sha ll be made ava ilable in the local language to the Village Council or Loca l Council or Municipality, as the case may be, and in the offices of the Dis trict Collector, the Deputy Collector and the Block Development Officer, and shall be pu blished in the affected areas, in such manner as may be p rescribed and uploaded on the website of the Government: Provided that the Government sha ll ensu re that adequa te repr esentation has been given to the repr esentatives of Village Council or Local Council or Municipality as the case ma y be at the stage of ca rrying out the Social Impact Assess ment St udy: Provided fu rther that the Government shall ensure the completion of the Social Impact Assessment Study within a period of six months from the date of its commencement. (3) The Social Impact Assessment study report referred to in sub-section (1) shall be made available to the public in the manner prescribed under section 6. (4) The Social Impact Assessment study report referred to in sub-section (1) shall amongst other matters include all the following, namely :- (a) assessment as to whether the proposed acquisition serves public purpose; (b) estimation of affected families and the number of families among them likely to be displaced; (c) extent of la nds, public and private, houses, settlements and other common properties likely to be affected by the proposed a cquisition; (d) whether the extent of land proposed for acqu isition is the absolute bare - minimum extent needed for t he project;- 6 - Ex-671/2015 (e) whether land acquisition at an a lternate place has been considered and found not feasible; (f) study of social impacts of the project, and the nature and cost of a ddressing them and the impact of these costs on the overall costs of the project vis-à-vis the benefits of the project: Provided that Envir onmenta l Impact Assessment study, if any, shall be carried out simul- taneous ly and sha ll not be cont ingent upon the completion of the Social Impact Assessment study. (5) While under taking a Social Impact Assess ment study under sub-section (1) the Government shall amongst other things take into considera tion the impact that the project is likely to have on various components such a s livelihood of affected families, public and community properties, assets and infrastr ucture particularly roads, public tr ansport, draina ge, sanitation, sources of drinking wa ter, sources of water for cattle, community ponds, grazing land, plantations, public utilities such as post offices, fa ir price shops, food storage godowns, electricity supply, health care facilities, schools and educationa l or tr aining facilities, anganwadis, children pa rks, places of worship, land for traditional tribal institutions a nd burial and cremation grounds. (6) The Government shall requir e the a uthority conducting the Social Impact Assessment study to prepare a Social Impact Ma nagement Plan, listing the ameliorative measures required t o be undertaken for addressing the impact for a specific component referr ed to in sub-s ection (5), and such measures s hall not be less than what is provided under a scheme or pr ogramme, in operation in that a rea, of the State or Central Government, as the ca se may be, in operation in the affected area. 5 . Public hearing for Social Impact Assessment. Whenever a Social Impact Assessment is r equired to be prepared under section 4, the Government shall ensure that a public hearing is held at the affected area, after giving a dequate publicity about the date, time and venue for the public hearing, to a scertain the views of the affected fa milies to be recorded and included in the Socia l Impact Assess ment Report. 6 . Publication of Social Impact Assessment Study. (1) The Government shall ensur e that the Social Impa ct Assessment study report and the Social Impa ct Mana gement P lan referred to in sub-section (6) of section 4 ar e prepar ed and made available in the local language to the Village Council or Local Council, Municipality as the case may b e, a nd t he offices of t he Dis t r ict Collect or, the Dep u ty C ollect or a nd t he Bloc k Develop ment Officer, and shall be published in the affected areas, in such manner as may be prescribed and uploaded on the website of the Government. (2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact Assessment report shall be made a vailable to the Impact Assessment Agency authorized by the State Government to ca rry out environmental impact assessment: Provided that, in respect of irrigation projects where the process of Environment Impact Assessment is required under the provisions of a ny other law for the time being in force, the provisions of t his Ordinancer elating to Social Impact Assessment shall not apply. B – APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP 7 . Appraisal of Social Impact Assessment Report by an Expert Group. (1) The Government sha ll ensur e that the Social Impact Assessment report is evaluated by an independent multi-disciplinary Expert Gr oup, as may be constit uted by it. (1) The Expert Group constituted under sub-s ection (1) shall include the following, namely:- (a) two social scientists; (b) two representatives of Village Council or Local Council or Municipality, as the case may be;- 7 -Ex-671/2015 (c) two experts on rehabilit ation; and (d) a technical expert in the subject relating to the project. (3) The Government may nominate a person from amongst the members of the Expert Group as the Chairperson of the Gr oup. (4) If the Expert Group constituted under sub-section (1), is of the opinion tha t, - (a) the project does not serve any public purpose; or (b) the social costs and adverse socia l impact s of the project outweigh the potential benefits, it shall ma ke a recommendation within two months from the da te of its constitution to the effect that the project shall be aba ndoned forthwith and no further steps to acquire the land will be initiated in respect of the same: Provided that the grounds for such recommendation sha ll be r ecorded in writing by the Expert Group giving the details and reasons for such decision. Provided fu rther that where the Government, inspite of such recommendations, proceeds with the acquisition, then, it sha ll ensur e that its reasons for doing so are recorded in writ ing. (5) If the Expert Group constituted under sub-section (1), is of the opinion that,— (a) the project will serve any public purpose; and (b) the potentia l benefits outweigh the socia l costs and adverse social impacts, it shall make specific recommendations within two months from the date of its constitution whether the extent of land proposed to be acquired is the absolute bare-minimum extent needed for the project and whether there are no other less displacing options availa ble: Provided that the grounds for such recommendation sha ll be r ecorded in writing by the Expert Group giving the details and reasons for such decision. (6) The recommendations of the Expert Group referred to in su b-sections (4) and (5) shall be made available in the local language to the Village Council or Local Council, Municipality, as the case may be, and the offices of the District Collect or, Deputy Collector and the Block Development Officer, and shall be published in the affected areas, in such manner as may be prescribed and uploaded on the website of the Government. 8 . Examination of proposals for land acquisition and Socia l Impa ct Assessment repor t by Government. (1) The Government shall ensure that — (a) ther e is a legitimate a nd bona fide public purpose for the pr oposed acquisition which necessitates the acquisition of the land identified; (b) the potentia l benefits and the public purpose referred to in clause (a) shall outweigh the social costs and adverse social impact as determined by the Socia l Impact Assess ment that has been carried out; (c) only the minimum ar ea of land required for the project is proposed to be acquired; (d) there is no unutilized land which has been previously acquired in the a rea; (e) the land, if any, a cquired earlier and remained unutilised, is used for such pu blic pur pose and make recommendations in respect thereof. (2) The Government sha ll examine the report of the Collect or, if any, and the report of the Ex pert Group on the Socia l Impact Assessment study and after considering a ll the reports, recommend such area for acquisition which would ensu re minimum displacement of people, minimum disturbance to the infrastr uctur e, ecology a nd minimum adverse impa ct on the individuals affected. (3) The decision of the Government sha ll be ma de available in the local language to the Village Council or Local Council, Municipa lity, as the ca se may be, and the offices of the District Collector, the Deputy Collector and the BDO, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the Government.- 8 - Ex-671/2015 Provided tha t where land is sought to be acquired for any of the purposes as s pecified in sub--section (2) of section 3, the Government shall ascertain a s to whether the prior consent of the affected families as required under the proviso to sub-section (2) of section 3, has been obta ined in the ma nner as may be prescribed. 9 . Exemption fr om Social Impact Assessment Where land is proposed to be acquired invoking the urgency provisions under section 40, the Government may exempt undertaking of the Social Impact Assessment study. CHAPTER III SP EC IALPROVIS IONTOS AFE GUARDFOODSECURI TY 10. Special provision to safeguard food security. (1) Save as otherwise pr ovided in sub-section (2), no ir rigated multi-cr opped land shall be acqu ired under this Ordina nce. (2) Such land may be a cquired subject to the condition tha t it is being done underexcept ional circumstances, as a demonstrable last resort, where the acquisition of the land referred to in sub-section (1) shall, in aggregate for all projects in a district or State, in no case exceed such limits as may be notified by the Government considering the relevant State specific factors and circumstances. (3) Whenever multi-crop irrigated land is acqu ired under sub-section (2), an equiva lent area of cultivable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of the land acquired shall be deposited with the Government for investment in agriculture for enhancing food-secur ity. (4) In a case not falling under sub-section (1), the acquisition of the agr icultura l land in aggregate for all projects in a distr ict or State, shall in no case exceed such limits of the total net sown area of that District or State, as may be notified by the Government: Provided that the provisions of this section shall not apply in the case of projects that are linear in nature such as those relating to railways, highways, major district roads, irriga tion canals, power lines a nd the like. CHAPTER IV NOTIFICATIONANDACQUISITION 11. Publication of preliminary notification and power of officers thereupon (1) Whenever, it appear s to the Government that land in any area is required or likely to be required for a ny public purpose, a notification (hereinafter referred to as preliminary notifica tion) to that effect along with details of the land to be acqu ired in rural a nd urba n areas shall be published in the following manner, namely:—(a) in the Official Gazette; (b) in two daily newspapers circulating in the loca lity of such a rea; (c) in the loca l language in the Village Council or Local Council, Municipality as the case may be and in the offices of the District Collector, the Depu ty Collector and the Block Development Officer; (d) uploaded on the website of the Government; (e) in t he affected areas, in such ma nner as may be prescribed. (2) Immediately after issuance of the preliminary notification under sub-section (1), the concerned Village Council or Local Council or Municipality, in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notifica tion issued under the said sub-section in a ll cases of land acquisition a t a meeting called especially for this purpose.- 9 -Ex-671/2015 (3) The preliminary notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under section 41. (4) No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbr ances on such land from the date of publication of such preliminary notification till such time as the proceedings under this Chapter are completed. Provided tha t the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this sub-section. Provided further that a ny loss or injury suffered by any person due to his willful violation of this provision shall not be made up by the Collector. (5) After issuance of preliminary notification under sub-section (1), the Collector shall, before the issue of a declaration under section 19, undertake and complete the exer cise of updating of land records as pr escribed within a period of two months. 12. Preliminary survey of land and power of officers to carry out survey. For the pur poses of enabling the Government to determine the extent of land to be acquired, it shall be lawful for any officer, either genera lly or specially authorized by the Government in this behalf, and for his serva nts and workmen,—(a) to enter upon and survey and take levels of a ny land in such locality; (b) to dig or bor e into the sub-s oil; (c) to do all ot her act s necessary to ascerta in whether the land is adapted for such purpose; (d) to set out the boundaries of the land proposed to be ta ken and the intended line of t he work (if any) proposed to be made thereon; and (e) to mark such levels, boundaries a nd line by placing mar ks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any pa rt of a ny standing crop, fence or jungle: Pr ovided that no act under clauses (a) to (e) in respect of land shall be conduct ed in t he absence of the owner of the land or in the absence of any person authorised in writing by the owner: Provided fur ther that the acts specified under the first proviso may be undertaken in the absence of the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by giving a notice of at least sixty days prior to such sur vey: Provided also that no person shall enter into any building or upon any enclosed cour t or ga rden atta ched to a dwelling-house (unless with the consent of the occupier t hereof) without previously giving such occupier at least seven days’ notice in wr iting of his intention to do so. 13. Pa yment for da mage. The officer so authorised under section12shall at the time of entr y under section 12 pa y or tender payment for any damage caused, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he sha ll at once refer the dispute to the decision of the Collect or and such decision shall be final. 14. Lapse of Social Impact Assessment report. Wher e a preliminar y notification under section 11is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitted by the Expert Group under section 7, then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition pr oceedings under section 11. Provided that the Government, shall have the power to extend the period of twelve months, if in its opinion circu mstances exist justifying the same.- 10 - Ex-671/2015 Provided fu rther that any such decision to extend the period shall b e recor ded in writing and the same shall be notified and be uploa ded on the website of the authority concerned. 15. Hearing of objections. (1) Any person interested in any land which has been notified under sub-section (i) of section 11, as b eing required or likely to be requir ed for a public purpose, may within sixty days from the date of the publica tion of the preliminar y notification, object to -(a) the area and suita bility of land proposed to be acquired; (b) justification offered for public purpose; (c) the findings of the Social Impact Assessment report. (2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advoca te and shall, a fter hearing all such objections and after making such further inquir y, if a ny, as he thinks necessary, either make a r eport in respect of the land which has been notified under sub-section (1) of section 11, or make differ ent reports in r espect of different pa rcels of such land, to the Government, cont aining his recommendations on the objections, together with the record of t he proceedings held by him along with a sepa rate report giving therein the approximate cost of la nd acqu isition, particulars as to the number of affected families likely to be resettled, for the decision of the Government. (3) The decision of the Government on the objections made under sub--section (2) shall be final. 16. Preparation of Rehabilitation and Resettlement scheme by the Administrator. (1) Upon the publication of the preliminary notification under sub-section (1) of section 11by the Collector, the Administrator for Rehabilit ation a nd Resettlement shall conduct a survey and undertake a census of the affected families, in s uch manner and within such time as may be prescribed, which shall include — (a) particulars of lands and immovable properties being a cquired of each affected family; (b) livelihoods lost in respect of la nd losers and landless whose livelihoods ar e prima rily dependent on the la nds being acquired; (c) a list of p ublic utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved; (d) deta ils of the amenities a nd infra structural facilities which ar e affected or likely to be affected, wher e res ettlement of a ffected families is involved; and (e) deta ils of any common property resources being acquired. (2) The Adminis trator shall, based on the survey and censu s under sub-section (1 ), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particu lars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the la nds being acquired and wher e r esettlement of a ffect ed families is involved — (i) a list of Government buildings to be pr ovided in the Resettlement Area; (ii) deta ils of t he public amenities and infra structur al facilities which ar e to be provided in the Reset tlement Area. (3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include time limit for implementing Rehabilitation and Resettlement Scheme; (4) The draft Rehabilitation and Resettlement scheme refer red to in sub-section (2) shall be made known locally by wide publicity in the affected area and discu ssed in the public meeting of the concerned Village or Municipality. (5) A public hearing sha ll be conducted in such manner as may be prescribed, a fter giving adequate publicity a bout the date, time a nd venue for the public hear ing at the affected area:- 11 -Ex-671/2015 Provided that in case where an affected ar ea involves more than one Village or Municipality, public hear ings shall be conducted in every Village or Municipality where more than twenty-five percent, of land belonging to that Village or Municipality is being acquired: (6) The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement a long wit h a specific r eport on the claims and object ions ra ised in t he public hearing to the Collector. 17 . Review of the Reha bilitation and Resettlement Scheme. (1) The Collect or shall review the draft Scheme submitted under sub-section (6) of section 1 6 by the Administrator with the Rehabilitation and R eset tlement Committee at the pr oject level constituted under section 43. (2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner, Rehabilitation and Resettlement for approval of the Scheme. 18. Approved Rehabilitation and Resettlement Scheme to be made public. The Commissioner shall cause the a pproved Rehabilitation and Resettlement Scheme to be made available in the local language to the Village or Local Council or Municipality, a s the case may be, and the offices of the District Collector, the Deputy Collector and the Block Development Officer, and shall be published in the a ffected areas, in such manner as may be prescribed, and uploaded on the website of the Government. 19. Publication of declaration and summary of Rehabilitation and Resettlement. (1) When the Government is satisfied, after considering the repor t, if a ny, made under sub-section (2) of section 15, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the “resettlement area” for the pur poses of rehabilitation and resettlement of the affected fa milies, under the hand and seal of a S ecretar y to the Government or of any other officer duly authorised to certify its orders and different decla rations may be made fr om time to time in respect of different par cels of a ny land covered by the same preliminary not ification irrespective of whether one repor t or different reports has or have been made (wherever requir ed). (2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declara tion referred to in sub-section (1): Provided tha t no declaration under this sub-section shall be made unless the summary of the Rehabilitation and Resettlement S cheme is published along with such declaration: Provided fur ther that no declaration under this sub-section shall be made unless the Requiring Body deposits an amount, in full or par t, as may be pr escribed by the Government toward the cost of acquisition of the land: Provided also that the Requiring Body shall deposit the amount promptly so a s to enable the Government to publish the declaration within a period of twelve months from the date of the publication of preliminary not ification under section 11. (3) In projects where land is acquired in sta ges, the application for acquisition itself can specify different stages for the rehabilitation and resettlement, a nd all decla rations shall be made according t o the st ages so specified. (4) Every decla ration referred to in sub-section (1) shall be pu blished in the following manner, namely:—(a) in the Official Gazette; (b) in t wo daily newspa pers being circulated in the locality, of such area of which one shall be in the regional language; (c) in the local langua ge in the Villa ge or Municipality as the case may be, and in the offices of the Distr ict Collector, the Deputy Collector and the Block Development Officer;- 12 - Ex-671/2015 (d) uploaded on the website of the Government; (e) in t he affected areas, in such ma nner as may be prescribed. (5) Every decla ration referred to in sub-section (1 ) shall indica te,— (a) the district or other terr itorial division in which the land is situa ted; (b) the purpose for which it is needed, its approximate area; and (c) where a plan shall have been made for the land, the place at which such plan ma y be inspected without any cost, (6) The declara tion referred to in sub-section (1) shall be conclusive evidence that the land is required for a public pur pose and, after making such declara tion, the Government may acquire the land in such manner a s specified under this Ordina nce. (7) Wher e no declaration is ma de under sub-s ection (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded: Provided that in computing the per iod r eferred to in this sub-section, any period or periods dur ing which the proceedings for the acquisition of the land were held up on account of any stay or injunct ion by the order of any Court shall be excluded: Provided fu rther that the Government sha ll have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same: Provided also that any such decis ion to extend the per iod sha ll be recorded in writ ing and the same shall be notified and be uploaded on the website of the authority concerned. 20. Land to be marked out, measured and planned including marking of specific areas. The Collect or shall thereupon cause the land, unless it has been alr eady mar ked out under section 12, to be marked out a nd measured, a nd if no plan has been made thereof, a pla n to be made of the same. 21. Notice to persons interested. (1) The Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all int erests in such land may be made to him. (2) The public notice referred to in sub-section (1) shall state the pa rticula rs of the land so needed, and require all persons int erested in the land to appear persona lly or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and t o state the nature of their respective interests in the land and the amount and par ticulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with t heir objections, if any, to the measurements ma de under section 20. (3) The Collector may in any case require such statement referred to in sub-section (2) to be made in writ ing and signed by the party or his agent. (4) The Collector shall also serve notice to t he same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue dist rict in which the land is situa ted. (5) In case any person so interested resides elsewhere, and has no such agent, the Collector shall ensu re that the notice sha ll be s ent to him by post in letter a ddressed to him at his last known residence, address of place or business and also publish the same in at least two daily newspapers and also on his webs ite. 22. Power to require and enforce the making of statements as to names and interests. (1) The Collect or may also require a ny such person to make or deliver to him, a t a time and place mentioned (such t ime not being less tha n thirty da ys after the date of therequisit ion), a sta tement- 13 -Ex-671/2015 containing, so fa r a s may be practicable, the name of every ot her person possess ing a ny interest in the land or any part thereof a s co-pr oprietor, sub-p roprietor, mortgagee or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement. (2) Every person required to make or deliver a statement u nder this section sha ll be deemed t o be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860). 23. Enquiry and land acquisition award by Collector. On t he day so fixed, or on any other da y to which the enquiry has been adjourned,the Collector shall proceed to enquire into the objections (if any) which any person int erested has stated pursuant to a notice given under section 21, to the measurements ma de under section 20, and into the value of the land at the date of the publication of the notification, and into the r espective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of –(a) the true area of the land; (b) the compensa tion as determined under section 27 a long with Rehabilitation and Resettlement Award as determined under section 31 and which in his opinion should be allowed for the la nd; and (c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has informa tion, whether or not they ha ve r espect ively a ppeared befor e him. 24. Land acquisition process under Act No.1 of 1894 shall be deemed to have lapsed in certain cases. (1) Notwithstanding anything contained in this Ordinance, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894,— (a) where no award under section 11 of the said La nd Acquisition Act ha s been made, then, all provisions of this Ordinancerelating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall cont inue under the provisions of the said Land Acquisition Act, as if the said Act has not b een r ep ealed. (2) Notwithstanding anything contained in sub-section (1), in case of la nd acquisition proceedings init iated under the Land Acquisition Act, 1894 (1 of 1894), where an a ward under the said section 11 has been made five year s or more prior to the commencement of this Ordinancebut the physica l possession of the land has not been taken or the compensation has not been paid the said pr oceedings shall be deemed to have lapsed and the Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Ordinance: Provided tha t where an awar d has been made and compensation in respect of a majority of land holdings ha s not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said La nd Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Ordina nce. Provided further that in cases where la nd acqu isition proceedings have been initiated under Land Acquisition Act , 1894 which have not yet been completed, t he Government may, direct District Collector by issue of Notification to proceed acquisition pr ocess to reach its logical conclusion. Any person who has not accept ed the awards of Collector may, by written application to the Collector require that the matter to be referred to the Presiding Officer appointed under Section 47 of this Ordina nce.- 14 - Ex-671/2015 25 . Period wit hin which an awar d shall be made. The Collector shall make an award within a period of twelve months from the dateof publication of the declara tion under section 19 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that the Government sha ll have the power to extend the period of twelve months if in its opinion, circumstances exist justifying the same: Provided fu rther that any such decision to extend the period shall b e recor ded in writing and the same sha ll be notified and uploaded on the website of the authorit y concerned. 26. Determination of market value of land by Collector. (1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:—(a) the market value, if any, specified in the Indian Stamp Act, 1899 as amended for the registration of sa le deeds or agreement to sell, as the case may be, in the area wher e land is situated; or (b) in a bsence of the value of land fixed as provided under clause (a), the average sale price for land situated within the same land-grading notified latest by the Government in the Land Revenu e & Set tlement Department for assess ment of la nd revenue from time to time shall be taken into consideration; or (c) the aver age sale pr ice for simila r type of land s ituated in the nea rest village or nea rest vicinity area; or (d) cons ented a mount of compensation as agr eed upon under sub-section (2) of section 3 in case of acquisition of lands for private companies or for public private partnership projects, whichever is lower ; Provided that the date for determination of mar ket value shall be the date on which the notification has been issued under section 11. Explanation I.— T he aver age sale pr ice r eferred to in cla u se (b) sha ll be determined taking into account the sale deeds or the agr eements to sell registered for simila r type of area in the near village or near vicinity a rea dur ing immediately preceding three years of the year in which such acquisition of land is pr oposed to be made. Explanation 2. — For determining the average sa le price refer red to in Explanation I, one-half of the tota l number of sa le deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account. Explanation 3.— While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, a ny price paid as compensation for la nd acqu ired under the provisions of this Ordinanceon an earlier occasion in the district shall not be taken into considera tion. Explanation 4.— While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, a ny price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating ma rket va lue. (2) Wher e the market value under sub-section (1) ca nnot be determined for the reason that — (a) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or (b) the registered sale deeds or agreements t o sell as mentioned in clause (a) of sub-section (1) for similar land are not available for the immediately preceding thr ee years; or (c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authorit y, the State Government concerned shall specify the floor price or minimum pr ice per unit ar ea of t he said land ba sed on the price calculated in the manner specified in sub-section (1) in respect of similar types of land situated in the immediate adjoining areas;- 15 -Ex-671/2015 (3) Wher e the ma rket va lue of land under sub s ection 1 cannot be determined for the reason that the market value, if any, specified in the Indian Stamp Act, 1899 as amended for the registra tion of sale deeds or agreement to sell is not existing, the mar ket value may be determined as follows – The Collect or shall take into account the connectivit y, distance fr om the road, gradient and topography of the land to be acquired, vicinity from the main commercial and residential area, climatic conditions, availabilit y of water and power supply and other civic amenities. (4) The market value of lands acquired under the Land Acquisition Act, 1894 and it s subsequent enhancements thereof (if any) under section 18 of the Land Acquisition Act, 1894 s hall not be cited a s a precedent. (5) The market value of the la nd fixed for acquiring lands for poles used for electricity/ telegraph etc. sha ll not be cited a s a precedent. Provided that in a case where the Requir ing Body offers its s hares to the owners of the lands (whos e lands have been acquired) as a pa rt compensation, for acquisition of land, such sha res in no ca se sha ll exceed twenty-five per cent, of t he value so calculated under sub- section (1) or sub-section (2) as the case may be: Provided further that the Collector shall, before initiation of any land acquisition proceedings in any area, t ake all necessary steps to r evise and upda te the market value of the land on the basis of the prevalent market rate in that a rea: Provided also that the Government shall ensure that the market value determined for acquisition of any land or property of an educational institution esta blished and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to esta blish and administer educational institutions of their choice. 27. Determination of amount of compensa tion. ( A) The Collect or having determined the mar ket value of the land to be acquired shall calculate the total a mount of compensation to be paid to the la nd owner (whos e land has been acquired) by including all assets attached to the land. (B) The Collector may also determine the amount of compensation on the basis of written consented amount as a greed by the land owner. Provided that the consented amount shall not exceed the market value of the land. 28. Parameters to be considered by Collector in determination of award. In determining the amount of compensation to be awarded for la nd acqu ired under this Ordina nce, the Collect or shall take into consideration—firstly, the market value a s determined under section 26 and the award amount in accordance with the First and Second Schedules; secondly, the damage sustained by the person interested, by reason of t he taking of a ny standing crops and tr ees which may be on the land at the time of the Collector ’s taking possession ther eof; t hi r d ly, the damage (if any) susta ined by the person int erested, at the time of the Collect or ’s ta king possession of the land, by reason of sever ing such land from his other land; fourthly, the damage (if any) susta ined by the person interested, at the time of the Collect or ’s ta king possession of the land, by reason of the acquisition injuriously affecting his other property, mova ble or immovable, in a ny other manner, or his earnings; fifthly, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidenta l to such change; sixthly, the damage (if any) bona fide resu lting from diminution of the profits of the land between the time of the publica tion of the declaration under section 19 and the time of the Collector ’s taking possession of the land.- 16 - Ex-671/2015 29 . Determina tion of value of t hings attached to land or building. (1) The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him. (2) The Collect or for the purpose of determining the value of trees and plants a ttached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him. (3) The Collect or for the pur pose of assess ing the value of the standing crops damaged during the process of land acquisition, may use the services of experienced persons in the field of agriculture as may be considered necessary by him. 30. Award of solatium. (1) The Collect or having determined the tota l compensation to be paid, ma y , to arrive a t the final awar d, impos e “Sola tium” not exceeding thirty per cent, of the compensa tion amount.Explanation. —In the context of Mizoram, land is allotted to individuals free of cost by the Government or competent authority. F or the removal of doubts it is hereby declared that sola tium amount may be in addition to the compensa tion pa yable to any person whose land has been acqu ired compulsorily. Land acquir ed on the offer made volunta rily by the la nd holder shall not carry any solatium. (2) The Collector shall issue individual awards detailing the par ticular s of compensation payable and the deta ils of payment of the compensation as specified in the Fir st Schedule. (3) In a ddition to the market value of the land provided under section 26, the Collector shall, in ever y case, award a n amount calculated a t the ra te of twelve per cent, per annum on such market value for the period commencing on and from the date of the publication of the notification of t he Social Impa ct Assessment study under sub-section (2) of section 4, in resp ect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. CHAPT ER V REHABILITATION AND RESETTLEMENT AWARD 31. Rehabilita tion and Resettle-ment Award for a ffected families by Collector. (1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected fa mily in terms of the entitlements provided in t he Second Schedule according to the nature of the acquisit ion. (2) The Rehabilitation and Resettlement Award shall include all of the following, namely:— (a) rehabilitation and resettlement amount payable to the family; (b) bank account number of the person to which the rehabilita tion and resettlement a ward amount is to be transfer red; (c) particulars of hous e site and house to be allotted, in case of displaced families who have no other suitable land for settlement; (d) particulars of one time subsistence allowance and tra nsporta tion allowance in case of displaced families; (e) particulars of payment for cattle shed and petty shops; (f) particulars of one-time amount to artisans and small traders; (g) particulars of annuity and other entitlements to be provided; Provided that in case any of the matters specified under clauses (a) to (g) are not applicable to any a ffected family the same shall be indicated as “not applicable”; Provided further that the Government may, by notification increase the rate of rehabilitation and resettlement a mount p ayable to the affected families, taking into account the rise in the price index.- 17 -Ex-671/2015 32. Provision of infrastructural amenities in resettlement area. In every resettlement area as defined under this Ordinance, the Collector shall ensure the provision of a ll infr astructural facilities and basic minimum amenities are provided to the displaced families in the resettled area or village which were earlier provided in t he villa ge from where they are displa ced. 33. Cor rections t o a wards b y C ollector. (1) The Collect or may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to t he Authority under section 60, before the making of such reference, by order, correct any clerical or arithmetica l mistakes in either of the awards or errors arising therein either on his own motion or on the application of a ny person interested or local author ity: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a r easonable oppor tunity of making representation in the matter.(2) The Collect or shall give immediate notice of any correction made in the award so corrected to all the persons interested. (3) Wher e any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess a mount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the Government. 34. Adjournment of enquiry. The Collect or may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him. 35. Power to summon and enforce attendance of witnesses and production of documents. For the pur pose of enquiries under this Ordinance, the Collector shall have powers to summon and enforce the attendance of witnesses, including the pa rties interest ed of any of them, and to compel the product ion of documents by the same means, and (so far as may be) in the same manner a s is provided in the case of a Civil Court under the Code of Civil Pr ocedure, 1908 (5 of 1908). 36 . Power to ca ll for recor ds, etc. The Government may at any time before the award is made by the Collector under section 30 call for any record of any proceedings (whether by way of inquiry or otherwise.) for the pur pose of satisfying itself as to the legality or propriety of any findings or order passed or as to the regular ity of such proceedings and may pass such or der or issue such direction in relation thereto as it may think fit: Provided that the Government shall not pass or issue a ny order or direction prejudicial to any person without affor ding su ch person a reasonable opportunity of being heard. 37. Awards of Collector when to be final. (1) The awards s hall be filed in the Collector ’s office and shall, except a s hereinafter provided, be fina l and conclusive evidence, as between the Collector a nd the persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of t he land and the assets attached thereto, solatium so determined and the appor tionment of the compensa tion among the persons interested. (2) The Collect or shall give immediate notice of his awards to such of the persons int erested who are not present personally or through their represent atives when the awards are made. (3) The Collector shall keep open to t he public and display a summar y of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquir ed under this Act on the website created for this purpose.- 18 - Ex-671/2015 38. Power to take possession of land to be acquired. (1) The Collect or shall take possession of land after ensur ing tha t full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tender ed to the entitled persons within a period of thr ee months for the compensa tion and a period of six months for the monetary par t of rehabilita tion and resettlement entitlements listed in the Second Schedule commencing from the date of the award made under section 30: Provided tha t the components of the Rehabilitation and Resettlement Pa ckage in the Second Schedule tha t relate to infrastructural entitlements sha ll be provided within a period of eighteen months fr om the date of the award: Provided further t hat in case of acquisition of land for irrigation or hydel project, being a public purpose, the rehabilitation and resettlement sha ll be completed six months p rior to submergence of the lands acquired. (2) The Collect or shall be responsible for ensuring that the rehabilitation and r esettlement process is completed in all its aspects before displacing the affected families. 39. Additional compensation in case of multiple displacements. The Collector shall, as far as possible, not displace any family which has already been displaced by the Government for the pur pose of acquisition under the provisions of this Ordinance, and if so displaced, shall pa y an additional compensation equivalent to that of the compensation determined under Section 27 of the Ordinance for the second or successive displacements. 40. Special powers in case of urgency to a cqu ir e land in certain cases. (1) In cases of urgency, whenever the Gover nment so directs, the Collector, though no such a ward has been made, may, on the expiration of thirty days from the publication of the notice mentioned in section 2 1, take possession of any land needed for a public p urpose and such land shall thereupon vest absolutely in the Government, fr ee from all encumbrances. (3) The powers of the Government under sub-section (1 ) shall be rest ricted to the minimum area required for the defense of India or na tional securit y or for any emergencies arising out of natural calamities or any other emergency with the approval of theCou ncil of Ministers: Provided tha t the Collector shall not take possession of any building or part of a building u nder this sub-section without giving to the occupier thereof at least forty-eight hour notice of his intention to do so, or such longer notice as may be reasonably sufficient to enable such occu pier to r emove his movable property from such building without unnecessary inconvenience. (3) Before taking possession of any land under sub-section (1) or sub-s ection (2), the Collector shall tender payment of eighty per cent, of the compensation for such land a s estimated by him to the person interested entitled thereto. (4) In t he case of any land to which, in the opinion of the Government, the provisions of sub- section (1), sub-s ection (2) or sub-section (3) are applicable, the Government may direct that any or all of the provisions of Chapter II to Chapter VI shall not a pply, a nd, if it does so dir ect, a declaration may be made under section 19 in respect of the land at any time after the date of the publication of the preliminary notification under sub-section (1) of section 11. CHAPT ER VI PROCEDUREANDMANNEROFREHABILITATIONANDRESETTLEMENT 41. Appointment of Administrator (1) Wher e the Government is sa tisfied that there is likely to be involunta ry displacement of persons due to acquisition of land, then, the Sta te Gover nment shall, by notification, appoint in respect of t hat project, a n officer not below the rank of Depu ty Collector to be the Administrator for Rehabilitation and Resettlement.- 19 -Ex-671/2015 (2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the Government and provided with office infrastructur e and be assisted by such officers and employees who shall be subordinate to him as the Government may decide. (3) Subject to the superintendence, directions and control of the Government and the Commissioner for Rehabilita tion and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administra tor. 42. Commissioner for rehabilitation and resettlement. (1) The State Government shall appoint an officer of the rank of Commissioner or S ecretar y of the Government for rehabilitation and r esettlement of affected families under this Ordina nce, to be called the Commissioner for Rehabilitation and Resettlement. (2) The Commissioner shall be r esponsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans. (3) The Commissioner s hall be responsible for the post-implementa tion social audit in consulta tion with the public of the concerned Village in rura l areas and Municipality in urban ar eas. 43. Rehabilitation and resettlement committee at project level. (1) Where land proposed to be acquired is equal to or more tha n one hundred acres, the Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor a nd review the progress of implementa tion of the Rehabilitation and Resettlement scheme and to carry out post-implementation socia l audits in consultation with the public of the concerned village in rura l areas and Municipality in urban areas. (2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the Government, the following members, namely:-(a) a represent ative of women residing in the affected a rea; (b) a represent ative of a voluntary organisa tion working in the area; (c) a representa tive of a nationalised bank; (d) the Land Acquisition Officer of t he project; (e) the Chairpersons of the Local authorities located in the affected area or their nominees; (f) Member of the Legislative Assembly of the concerned area or their nominees; (g) a represent ative of the Requiring Body; and (h) Administrator for Rehabilitation and Resettlement as the Member- Convenor. (3) The procedure regulating the discharge of the process given in this section and other matters connected thereto of the Rehabilit ation and Reset tlement Committee shall be such as may be prescribed by the Government. 44 . Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons. (1) Wher e any person other tha n a specified person is purchasing land through pr ivate negotiations for an area equal to or more than such limits, a s may be notified by the Government, considering the relevant specific factors and circu mstances, for which t he payment of Rehabilitation and Resettlement Costs under this Ordinance is required, he shall file an application with the District Collector notifying him of — (a) intent to purchase; (b) pur pose for which such pur chase is being made; (c) particulars of lands to be purchased. (2) It shall be the dut y of the Collector to r efer the matter to the Commissioner for the satisfaction of a ll relevant provisions under this Ordinance r elated to rehabilitation and resettlement.- 20 - Ex-671/2015 (3) Based upon the Rehabilita tion and Reset tlement Scheme approved by t he Commissioner as per the pr ovisions of t his Ordina nce, the C ollector shall pass individua l awards covering Rehabilitation and Resettlement entitlements a s per the provisions of this Ordina nce, (4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in full. (5) Any purchase of la nd by a person other than specified persons without complyingwith the provisions of Rehabilitation and Resettlement Scheme sha ll be voidab initio: Provided that the Government may provide for rehabilit ation and resettlement provisions on sale or purchase of land in the State and shall also fix the limits or ceiling for the said purpose. (6) If any land has been purchased through private negotiations by a person on or after the commencement of this Ordinance, for ty per cent, of the compensation paid for such la nd acquired sha ll be shared with the original land owners. Explanation. — For the purpose of this section, the express ion— (a) “original la nd owner” refers to the owner of the land who has got rights and title over the land before commencement of this Ordina nce; (b) “specified persons” includes — (i) Government; (ii) Government company; (iii) association of persons or trust or society as registered under the Mizoram Societies Registration Act, 2005 (13 of 2005) wholly or partially aided by the Government or controlled by the Government. 45. Quantification and deposit of rehabilitation and resettlement amount. Where the Collector is of the view that the obligations of the Requiring Body withregard to rehabilitation and resettlement ca n be qua ntified into monetary amount, he shall allow the payment of such amount int o an a ccount in complete satisfaction of s uch ob ligations, which shall be administered by the Administrator appointed under section 41, under the supervision of the Collector. CHAPT ER VII MONITORING COMMITTEEFORREHABILITATIONANDRESETTLEMENT 46. Establishment of State Monitoring Committee for rehabilitation and resettlement. (1) The Government shall constitute a State Monitoring Committee for reviewing and monitoring the implementation of rehabilita tion and reset tlement schemes or plans under this Ordina nce. (2) The Committee may, besides having representatives of the concerned Departments of the State Government, associate with it eminent experts from the relevant fields. (3) The procedures to be followed by the Committee and the allowances payable to the exp erts shall be su ch as ma y be pr escribed by the State Government. (4) The Government shall provide such officers and other employees to the Committee as ma y be necessary for its efficient functioning. CHAPTER VIII ESTABLISHMENTOFLANDACQUISITION,REHABILITATIONANDRESETTLEMENTAUTHORITY 47. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority. (1) The Government shall, for the pur pose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known a s “the Land Acquisition, Rehabilita tion and Reset tlement Author ity” to exercise jurisdiction, powers a nd authority conferred on it by or under this Ordina nce. (2) The Government shall also specify in the notification r eferred to in sub--section (1 ) the a reas within which the Authority may exercise jurisdiction for entertaining and deciding the references- 21 -Ex-671/2015 made to it under section 60 or applications made by the applicant under second proviso to sub- section (1) of section 60. 48. Composition of Authority. (1)The Authorit y shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the Government. (2) Notwithstanding anything contained in sub - section (1), the Government may authorise the Presiding Officer of one Authorit y to discharge also t he functions of the Pr esiding Officer of another Authority. 49. Qualifications for appointment as Presiding Officer. (1) A person shall not be qualified for appointment as the Presiding Officer of an Authority unless,—(a) he is or ha s been a Distr ict Judge or D istrict Magistr ate or Officer of Law Department not below the rank of Joint Secretary; or (b) he is a qua lified legal practitioner for not less than 10 (ten) years. (2) A Pr esiding Officer shall be appointed by the Government. 50. Terms of office of Presiding Officer. The Presiding Officer of an Author ity shall hold office for a term of three yea rs from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. 51. Staff of Authority. (1) The Government shall provide each Author ity with a Registrar a nd such other officers and employees a s the Government may think fit. (2) The Registr ar and other officers and employees of an Authorit y shall discharge their funct ions under the general superint endence of the Presiding Officer. (3) The salaries and allowances and other conditions of service of the Registrar and other officers and employees of a n Authority sha ll be such as may be prescribed. 52. Salary and allowances and other terms and conditions of service of Presiding Officer. The sa lary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Presiding Officer of a n Authority, shall be such as may be p rescribed: Provided that neit her the salary and allowances nor the other terms and conditions of service of the said Presiding Officer shall be varied to their disadvantage after a ppointment. 53 . Filling up of vaca ncies. If, for any reason other than temporary absence, any vacancy occurs in the office of t he Presiding Officer of an Authority, then the Government sha ll appoint another person in accordance with the provisions of this Ordinance to fill the vacancy and the proceedings may be continued before the Authority from the stage at which the vacancy is filled. 54. Resignation and removal. (1) The Presiding Officer of a n Authority ma y, by notice in writing under his ha nd addressed to the Government, resign his office: Provided that the Presiding Officer sha ll, unless he is permitted by the Government to relinquish his office sooner, continue to hold office until the expir y of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expir y of his term of office, whichever is earlier.- 22 - Ex-671/2015 (2) The Presiding Officer of an Authority shall not be r emoved from his office except by an order made by the Government on the ground of proven misbehaviour or incapa city aft er inquiry. (3) The Government may, by rules, regulate the procedure for the investigation of misbehaviour or inca pacity of the a foresaid Presiding Officer. 55 . Or ders constit uting Author ity to be final and not to inva lidate it s proceedings. No order of the Government appoint ing any person as the Presiding Officer of an Author ity shall be called in qu estion in any manner, and no act or proceeding before an Authority shall be called in question in any manner on the ground mer ely of any defect in the constitution of an Author ity. 56. Powers of Authority and procedure before it. (1) The Authorit y shall, for the purposes of its functions under this Ordinance, have the same powers as a re vest ed in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in resp ect of the following matters, namely:— (a ) summoning a nd enforcing the attendance of any person a nd examining him on oath; (b) discovery and production of any document or other material object producible as evidence;(c) receiving evidence on affidavits; (d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing it s decisions, directions and orders; (g) any other matter which may be prescribed. (2) The Authority shall have or iginal jurisdiction to adjudicate upon every referencemade to it under section 60. (3) The Authorit y shall not be bound by the pr ocedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Ordinance and of any rules made thereunder, the Authority shall have the power to regulate its own procedure. (4) The Authority shall, after receiving reference under section 60 and a fter giving notice of such reference to all the parties concerned and after affording opportunity of hear ing to all parties, dispose of such reference within a period of six months fr om the date of receipt of such reference and make an award accordingly. (5) The Authority shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award. 57. Proceedings before Authority to be judicial proceedings. All proceedings before the Author ity sha ll be deemed t o be judicial proceedings within the meaning of sections 193 and 228 of t he Indian Penal Code and the Author ity sha ll be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). 58. Member and officers of Authority to be public servants. The Presiding officer and the officer of the Authority shall be deemed to be public servants within the meaning of s ection 2 1 of the Indian Penal C ode. 59. Jurisdiction of civil courts barred. No civil court (other than High Court under article 226 or article 227 of the Constit ution or the Supr eme Court) shall have jurisdiction to entertain any dispute relating to land acquisition in respect of which the Collector or the Authority is empowered by or under this Ordinance, and no injunction shall be gra nted by any court in respect of any such matter.- 23 -Ex-671/2015 60. Reference to Authorit y. (1) Any person interested who ha s not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determina tion of the Authority, a s the case may be, whether his object ion be to the measurement of t he land, the amount of the compensation, the person to whom it is p ayable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the pers ons interest ed: Provided tha t the Collector shall, within a period of thirty days from the date of receipt of a pplication, make a reference to the appropriate Author ity: Provided fu rther that wher e the Collector fails to make such r eference within the period so specified, the applica nt may apply to the Authorit y, as the case may be, requesting it to direct the Collect or to ma ke the reference to it within a period of t hirty days. (2) The applica tion sha ll state the grounds on which objection to the awar d is ta ken: Provided that every such application shall be ma de —(a) if t he pers on making it wa s present or r epresent ed before the Collect or at the time when he made his award, within six weeks from the date of the Collector ’s award; (b) in other ca ses, within six weeks of the receipt of the notice from the Collector under section 21, or within six months from the da te of the Collector ’s award, whichever period shall first expire: Provided further that the Collect or may entertain an application after the expiry of the said period, within a fur ther period of one year, if he is sa tisfied that there was sufficient cause for not filing it within the period specified in the fir st proviso. 61. Collector’s statement to Authority. (1) In making the reference, the Collector shall state for the information of the Authority, in writing under his ha nd — (a) the situation and extent of the land, with particulars of any tr ees buildings or standing crops thereon; (b) the names of the per sons whom he ha s reason to think interested in such land; (c) the amount awarded for da mages a nd paid or tendered under section 13, and the amount of compensa tion awarded under the provisions of this Ordina nce; (d) the amount paid or deposited under any other provisions of t his Ordinance; and (e) if t he objection be to the amount of the compensation, the gr ounds on which the amount of compensation was determined. (2) The statement under sub-section (1) shall be attached a schedule giving the particulars of the notices s erved upon, and of the statements in writing made or delivered by the persons interested respectively. 62. Service of notice by Authority. The Authority shall thereupon ca use a notice specifying the day on which the Authority will proceed to determine the objection, and directing their a ppearance befor e the Authority on tha t day, to be served on the following persons, namely:- (a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation a warded; and (c) if t he objection is in regard to the area of the land or to the amount of the compensation. 63. Restriction on scope of proceedings. The scope of the enquiry in every such pr oceeding s hall be restr icted to a consideration of the interest of the persons a ffected by the object ion.- 24 - Ex-671/2015 64. Proceedings to be public. Every such proceeding shall take place in public, and all persons entitled to practiceinany Civil Court shall be entitled to appear, plead and act (as the case may be)insuch proceeding. 65. Determination of award by Authority. (1) In determining the amount of compensation to be awarded for land acqu ired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the par ameters s et out under section 26 to section 30 and the provisions under Chapter V of this Ordina nce. (2) In a ddition to the market value of the land, as above provided, the Authority shall inevery case awar d an amount ca lculated at the rate of twelve percent, per annum on such market value for the period commencing on and from the date of t he publication of the preliminary notifica tion under section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.Explanation. — In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any sta y or inju nction by the order of any Cour t shall be excluded. (3) In a ddition to the market value of the land as above provided, the Authority may in every case awar d a sola tium not exceeding thirty per cent, over the total compensa tion amount. 66. Form of award. (1) Every award under this Cha pter sha ll be in writing signed by the Presiding Officer of the Authority, and sha ll specify the amount awarded under clause first of section 28, a nd also the amounts (if any) respectively awarded under each of the other clauses of the same sub- section, together with the grounds of awarding each of the sa id amounts. (2) Every such a ward shall be deemed to be a decree and the statement of t he grounds of every such award a judgment within the meaning of clause (2), and clause (9) of resp ectively, of section 2 of the Code of Civil Procedure, 1908 (5 of 1908). 67. Costs. (1) Every such a ward shall also state the amount of costs incurred in the pr oceeding under this Chapter, and by wha t persons and in what propor tions they are to be paid. (2) When the award of t he Collector is not upheld, the cost shall or dinarily be paid by the Collector, unless the Authority concerned is of the opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs s hould be made or that he should pay a part of the Collect or ’s costs. 68. Collector may be directed to pay interest on excess compensation. If the sum, which in the opinion of the Author ity concerned, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did awardascompensation, the award of the Authority concerned may direct that the Collector shall pa y interest on such excess at the rate of nine per cent, per a nnum fr om the da te on which he took possess ion of the la nd to the da te of payment of such excess int o Author ity: Provided that the award of the Authorit y concerned ma y also direct that where such excess or any part thereof is paid to the Authority after the date or exp iry of a period of one year from the date on which possession is taken, interest at the ra te of fifteen per cent, per a nnum shall be payable from the date of expiry of the said p eriod of one year on the amount of such excess or part thereof which has not been paid into Authority before the date of s uch expiry.- 25 -Ex-671/2015 69 . Re-determi-nation of amount of compensation on the basis of the award of the Authority. (1) Wher e in an award under this Chapter, the Author ity concerned a llows to the applicant any amount of compensation in excess of the a mount a warded by the Collector under section 23, the persons interested in all the other land covered by the sa me preliminary notification under section 11, and who are also aggr ieved by the award of the Collector may, notwithstanding that they had not made a n application to the C ollector, by wr itten a pplication to the Collector within three months from the date of the award of the Authority concerned r equire that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Author ity: Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a cop y of the award shall be excluded. (2) The Collector shall, on receipt of an application under sub-section (1), condu ct an inquiry a fter giving notice to all the persons interested and giving them a reasonable opportunity of being hear d, and make an award determining the amount of compensation payable to the applica nts. (3) Any person who has not accepted the award under s ub-section (2) may, by written applica tion to the Collector, r equire that the matter be referred by the C ollector for the determination of the Authorit y concerned. 70. Appeal to High Court. (1) The Requiring Body or any person a ggrieved by the Award passed by an Authority under section 65 may file an appeal to t he High Court within s ixty da ys from the date of Award: Provided that the High Court may, if it is satisfied that the appella nt was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a fur ther period not exceeding sixty days. (2) Every appeal refer red to under sub-section (1) shall be heard as exp editiously as possible and endeavour shall be made to dispose of such appeal within six months from the date on which the appeal is presented to the High Court.Explanation. — For the purposes of this section, “High Court” means the High Court within the jurisdiction of which the land a cquired or proposed to be acquired is situa ted. CHAPTER IX APPORTIONMENTOFCOMPENSATION 71. Particulars of apportionment to be specified. When there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such a pportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment. 72. Dispute as to apportionment. When the amount of compensa tion ha s been s ettled, if any dispute arises as to t he apportionment of the same or any pa rt thereof, or as to the persons to whom the same or any part thereof is paya ble, the Collector may refer such disputes to the Author ity. CHAPTER X PAYMENT 73. Payment of compensation or deposit of same in Authority. (1) On making an award under section 30, the Collector shall tender payment of the compensa tion awar ded by him to the persons int erested entitled thereto according to the a ward and shall pay- 26 - Ex-671/2015 it to them by depositing t he amount in their bank accounts unless prevented by someone or more of the contingencies mentioned in sub-section (2). (2) If the person entit led to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or a s to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under section 60 would be submit ted: Provided that any person admitted to be interest ed may receive such pa yment u nder protest as to the sufficiency of the amount: Provided fu rther that no person who has received the amount ot herwise than under protest shall be entitled to make any application under sub-s ection (1) of section 60: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or a ny part of any compensa tion awarded under this Ordinance, to pay the same to the person la wfully entitled thereto. 74 . Investment of money deposited in respect of la nds belonging to person incompetent to alienate. (1) If a ny money is deposited in the Authority concerned under sub-section (2) of section 73and it appears tha t the la nd in r espect whereof the same was a warded belonged to any person who had no power to alienate the same, the Authorit y concer ned sha ll —(a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been depos ited was held; or (b) if s uch pur chase cannot be effected forthwith, then in the Government of other appr oved securities a s the Authorit y concerned sha ll think fit, a nd shall direct the pa yment of the interest or other proceeds arising from su ch investment to the person or persons who would for the time being have been entit led to the possession of the said land, and such moneys shall remain so deposited and invested until the same be applied — (i) in the purchase of such other lands as aforesaid; or (ii) in payment to any person or persons becoming absolutely entitled thereto. (2) In a ll cases of money deposited to which this section applies the Author ity concerned shall order the costs of the following matters, including therein a ll reasonable charge and expenses incident thereon, to be paid by the Collect or, namely:— (a) the costs of such investments as aforesaid; (b) the costs of the or ders for the pa yment of the interest or other proceeds of the securities upon which such moneys ar e for the time being invested, and for the payment out of the Authority concerned of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants. 75. Investment of money deposited in other cases. When any money shall have been deposited in the Authority concerned under this Ordina nce for any cause other than the causes mentioned in section 74,the Authority may, on the applica tion of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, a nd paid in such manner as it may consider will give the pa rties interest ed therein the same benefit from it as they might have ha d from the land in resp ect whereof such money shall have been deposited or as near thereto as may be. 76 . Pa yment of int eres t. When the amount of such compensa tion is not pa id or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per cent, per annum from the time of so taking possession until it sha ll have been so paid or deposited:- 27 -Ex-671/2015 Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent, per a nnum shall be pa yable from the date or expiry of the said period of one year on the amount of compensa tion or part thereof which has not been paid or deposit ed before the date of such expiry. CHAPTER XI TE MP OR ARYOCCUPATIONOFLAND 77. Tempor ary occupation of waste or arable land, procedure when difference as to compensation exists. (1) Whenever it appears to the Government that the temporar y occupation a nd use of any waste or a rable land are needed for any public purpose, the Government may direct the C ollector to procure the occupa tion and use of the sa me for such terms as it shall think fit, not exceeding three years from the commencement of such occupation. (2) The Collector shall thereupon give notice in writ ing to the per son interested in such land of the purpose for which the same is needed, a nd shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in wr iting between him and such persons respectively. (3) In case the Collect or and the persons int erested differ as to the sufficiency of the compensa tion or apportionment thereof, the Collector shall refer such difference to the decision of the Authority. 78. Power to enter and take possession and compensation on restoration. (1) On payment of such compensation, or on executing such agreement, or on making a refer ence under section60,the Collect or may enter u pon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice. (2) On the expir ation of the term, the Collect or shall make or tender to the persons interested compensation for the dama ge (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein: Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the Government sha ll proceed under this Ordina nce to acquire the land as if it was needed permanently for a public purpose. 79. Difference as to condition of land. In case the Collect or and persons interested differ as t o the condition of the land a t the expiration of the term, or as to any matter connected wit h the said agr eement, the Collector sha ll refer such difference to the decision of the Authorit y concer ned. CHAPT ER Xll OFFENCESANDPENALTIES 80. Punishment for false information, mala fide action, etc. (1) If a person, in connection with a requirement or direction under this Ordinance, provides any information that is false or misleading, or produces any false document, he shall be liable to be punished with imprisonment of either descr iption for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both. (2) Any rehabilitation and resettlement benefit a vailed of by making a false claim or through fraudulent means shall be liable t o be recovered by the Government in the manner as ma y be pr escr ibed.- 28 - Ex-671/2015 (3) Disciplinary proceedings ma y be dr awn up by the disciplinary authority a gainst a Government servant, who if pr oved to be gu ilty of amala fide action in r espect of any provision of this Ordinance, shall be liable to such punishment including a fine as the disciplinary authority may decide. 81. Penalty for contravention of provisions of Ordinance. If a ny person contravenes any of the provisions relating to payment of compensation or rehabilita tion and resettlement, every s uch person sha ll be liable to a punishment with imprisonment for a term of six months which ma y extend to three years or with fine which may ext end to Rs. 5,000/- (Rupees five thousand only),or with both. 82. Offences by Companies. (1) Wher e an offence under this Ordinance has been committed by a company, every person who at t he time the offence was commit ted was in char ge of, a nd was responsible to, the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided tha t nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or tha t he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in s ub-section (1), where an offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the par t of, any director, ma nager, secreta ry or other officer of the company, such director, manager, secreta ry or other officer shall also be deemed to be guilty of t hat offence and shall be liable to be proceeded against and punished accordingly. Explanation. — For the purposes of this section,— (a) “company” means anybody corporate and includes a firm or other association of individuals and a Requiring Body; and (b) “director”, in relation to a firm, means a partner in the firm. 83. Offences by Government depa rtments. (1) Wher e an offence under this Ordina nce has been committed by any person who is or was employed in the State Government, at the time of commission of such alleged offence, no court shall take cogniza nce of such offence except with the previous sanct ion of the Government, in the manner provided in section 197 of the Code of Criminal Procedure: Provided that nothing contained in this section shall render any person liable to any punishment if such person proves that the offence was committed without his knowledge or that such p erson exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything conta ined in sub-section (1), where any offence under this Ordinance has been committed by a Department of the Government and it is proved that the offence has been commit ted with the consent or connivance of, or is attributable to any neglect on the part of a ny officer, other than the head of the depa rtment, such officer shall also be deemed to be guilty of that offence and shall be lia ble to be proceeded against and punished accordingly. 84. Cognizance of offences by court. No court inferior to that of a Chief Judicial Magistrate or a Judicial M agistra te of the first class shall be competent to tr y any offence punisha ble under this Ordina nce. 85. Offences to be non-cognizable. Notwithstanding anything contained in the Code of Criminal Pr ocedure, 1973 every offence under this Ordina nce shall be deemed to be non-cogniza ble.- 29 -Ex-671/2015 86 . Offences t o be cognizable only on compla int filed by certain persons. No court shall take cognizance of any offence under this Ordina nce which is a lleged to have been committed by a Requiring Body except on a complaint in writing made by the Collector or any other officer authorised by the Government or a ny member of the affected family. CHAPTER XIII MISC ELLANE OUS 87 . Magist rate to enfor ce surr ender. If the Collector is opposed or impeded in taking possession under this Ordina nce of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he shall apply to a Ma gistrate and such Magistrate shall enforce the surrender of the land to the Collector. 88 . Service of notice. (1) Save as otherwise provided in section 62, the service of any notice under this Ordinance shall be made by delivering or tendering a copy thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of any other notice, by order of the Collector. (2) Whenever it may be practicable, the ser vice of the notice sha ll be made on the per son therein named. (3) When such person ca nnot be found, the service may be made on any adult member of his family residing with him; and, if no such adult member can be found, the notice ma y be served by fixing t he copy on the outer door of the house in which the person therein named ordina rily dwells or ca rries on business, or by fixing a cop y thereof in some conspicuous place in the office of t he Collector or in the court-house, a nd also in some conspicuous part of the land to be acquir ed: Provided tha t, if the Collector shall so direct, a notice may be sent b y post, in a letter addr essed to the person named therein at his last known residence, address or place of business and also publish the same in at least two local daily newspapers and a lso on his website. 89. Completion of acquisition not compulsory, but compensation to be awarded when not completed. (1) The Government shall be at liberty to withdraw from the acquisition of any la nd of which possession has not been ta ken. (2) Whenever the Government withdraws from any such acquisition, the Collector sha ll determine the amount of compensation due for the damage su ffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pa y such amount to the person interested, together with all costs reasonably incur red by him in the prosecution of the proceedings under this Ordina nce relating to the said land. 90 . Acquisition of p art of house or building. (1) The provisions of this Or dinance shall not be put in force for the purpose of acqu iringa part only of any house, manufa ctory or other building, if t he owner desir es that the whole of such house, manufactory or building shall be so acquired: Provided that, if any question shall ar ise as to whether any land pr oposed to be taken under this Ordinance does or does not form part of a house, manufact ory or building within the meaning of this section, the Collector shall r efer the determination of such question to the Authority concerned and shall not be taken possession of such land until aft er the question has been determined. (2) In deciding on such a reference made under the proviso to sub-section (1), the Authority concerned shall ha ve regard to the question whether the land proposed to be ta ken, is reasonably required for the full and unimpa ired use of the house, manufa ctory or building.- 30 - Ex-671/2015 (3) If, in the case of any claim under this Ordina nce, by a person interested, on account of the severing of the la nd to be acquir ed from his other land, the Government is of opinion that the claim is unr easonable or excessive, it ma y, at a ny time before the Collector has made his awar d, order the acquisition of the whole of the land of which t he land first sought to be acquired forms a part. (4) In t he case of any acquisition of land so required no fresh declara tion or other proceedings under sections 11 to 19, (both inclusive) shall be necessary; but the Collector shall without delay furnish a copy of the order of t he Government to the person interested, and shall thereafter proceed to make his award under section 23. 91 . Acquisition of la nd at cost of a local authority or Requiring Body. (1) Wher e the provisions of this Ordinance a re put in force for the purpose of a cquiringland at the cost of any fund controlled or managed by a local authority or of any Requiring Body, the charges of land incidental to such acquisition shall be defrayed from or by such fund or Requiring Body. (2) In any pr oceeding held befor e a Collector or Authority concerned in such cases the local authority or Requiring Body concerned ma y appear and a dduce evidence for the purpose of determining the amount of compensation: Provided that no such local authority or Requiring Body shall be entitled to dema nd a reference to the Authority concerned under section 60. 92. Exemption from income-tax, stamp duty and fees. No income tax or stamp duty shall be levied on a ny awar d or agr eement made under this Ordina nce, except under section 44 a nd no person claiming under any such award or agr eement shall be liable to pay any fee for a copy of the same. 93. Acceptance of certified copy as evidence. In any proceeding under this Ordinance, a certified copy of a document registered under the Registration Ordinance, 1908 (16 of 1908), including a copy given under section 57 of tha t Ordina nce, ma y be accepted as evidence of the transaction recorded in such document. 94 . Notice in case of suit s for a nything done in pur suance of Ordina nce. No suit or other pr oceeding shall be commenced a gainst any person for anything done in pursuance of this Ordinance, without giving to such person a month’s pr evious notice in writing of t he intended proceeding, and of the cause ther eof, nor after tender of sufficient amendments. 95. No change of purpose to be allowed. No change from the purpose or related pu rposes for which the land is origina lly sought to be acqu ired shall be allowed: Provided that if the land acquired is rendered unusable for the purpose for which it was acquired due to a fu ndamental change beca use of any unforeseen circumstances, then the Government may use such la nd for any other public purpose. 96. No change of ownership without permission to be allowed. No change of ownership without specific permission from the Government shall be allowed. 97 . Return of unutilized la nd. When any la nd, acquired under this Ordinance remains unutilized for a period specified for setting up of a ny project or for five years whichever is later fr om the date of taking over the possession, the same may be returned to the original owner or owners or their legal heirs, as the case ma y be, or to the Land Bank of the Government by reversion in the manner as may be prescribed by the Government.- 31 -Ex-671/2015 Explanation — F or the purpose of this section, “Land Bank” means a governmental entity that focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and tax-delinquent properties into productive use. 98 . Provisions to be in addition to existing laws. The provisions of t his Ordinance shall be in addition to and not in derogation of, any other law for the time being in force. 99. Option of Government to lease. Notwithstanding anything contained in this Ordinance, the Governmentshall, wherever possible, be free to exercise the option of ta king the land on lease, instead ofacquisition, for any public pur pose referred to in sub - section (1) of section 3. 100. Provisions of this Ordinance not to apply in certain cases or to apply with certain modifications. (1) Subject to sub - section (3), the provisions of this Or dinance shall not apply to theenactments relating to land acquisition specified in the Third Schedule. (2) Subject to section 101, the Government may, by notification, omit or add to any of the enactments specified in the Third Schedule. (3) The provisions of this Or dinance relating to t he determination of compensa tion in accordance with the Fir st Schedule, rehabilit ation and resettlement in accordance with Second Schedule and infrastructure amenities in accorda nce with the pr ovision of Section 32 of this Ordinance shall apply to the enactments relating to land a cquisition specified in the T hird Schedule with effect from the publication of the Ordinance in the official Gazette. 101. Power to amend Schedule. Subject to approva l of Council of Minis ters, the Gover nment may, by notification, amend or alter any of t he Schedules to this Ordina nce. 102. Power to make rules. The State government may, by notification in the official gazette, make rules for the purpose of carrying out the provisions of this Ordinance. 103. Rules made under the Ordinance to be laid before Legislative Assembly. Every rule made by the Government under this Ordinance shall be laid as soon as may be after it is made, befor e State Legisla tive Assembly. 104. Power to remove difficulties. If a ny difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Ordinance as may appear to it to be necessar y or exp edient for the removal of the difficu lty: 105. Repeal and saving. (1) The Land Acquisition Act, 1894 (No. 1 of 1894) as adapted along with its subsequent State Amendment Act, 2011 (Act No. 10 of 2011) hereby stand repealed. (2) Save as otherwise provided in this Ordinance, the repea l under sub-section (1)shall not be held to prejudice or affect the general application of section 6 of the General Cla uses Act,1897 (10 of 1897) with regard to the effect of repeals.- 32 - Ex-671/2015 THE FIRST SCHEDULE [See section 30 (2)] COMPENSATION FOR LAND OWNERS The following components shall constitute the minimum compensa tion pa ckage t o be given to those whose land is acquired as referred to in clause (c) of section 2 in a proportion to be decided by the Government. Serial Component of compensa tionManner of determina tionDate of No.packa ge in respect of landof valuedetermination acqu ired under the Ordinanceof value (1)(2)(3)(4) 1.Market value or consentedTo be determined as provided under section amount 26 or 27 (B) 2.Value of assets attached toTo be determined as provided under section 29. land or building 3.SolatiumNot exceeding thir ty per cent of the ma rket value of land and value of assets attached to land or building. 4.Final awardMarket value of land plus value of assets a ttached to land or building, and amount of sola tium with an interest to be pa id mentioned against serial number 4 under column (2) or cons ented amount under Section 27 (B). 5.Other component, if any, to be included NOTE - The date on which values mentioned under column (2) a re determined should be indicated under colu mn (4) a gainst each serial number. THE SECOND SCHEDULE [See sections 31 (1), 38 (1) and 100 (3)] ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE DISPLACED FAMILES ON COMPULSORY ACQUISITION WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON LAND ACQUIRED IN ADDITION TO THOSE PROVIDED IN THE FIRST SCHEDULE.Serial Elements of Rehabilitation and Entitlement / provision Whether No. Resettlement Entitlements provided or not (if provided, details to be given) (1)(2)(3)(4) 1. Provision of housing units(1) If a house is lost in rural areas, a constructed in case of displacementhouse shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq. m in plinth area.- 33 -Ex-671/2015 (2 ) The benefits listed above shall also be extended to any displaced family which is without homestead land and which has been residing in the area continuously for a period of not less than t hree years preceding the date of notification of the affected area and which has been involuntarily displaced from such area: Provided that any such family in urban a reas which opts not to take the house offered, shall get a one-time fina ncial assistance for house cons truction, which shall not be less than one lakh fifty thousa nd rupees: Provided fur ther that if a ny displaced fa mily in rural areas so prefers, the equivalent cost of the hous e may be offered in lieu of the constructed house: Provided also that no family displaced by acquisition shall be given more than one house under the provisions of this Ordina nce. Explanation. —The houses in urba n areas may, if necessary, be pr ovided in multi-storied building complexes. 2. AnnuityThe Government may, if felt needed, ensure that the displaced families are provided with annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers. 3. Subsistence grant for displa ced Each displaced fa mily which is displa ced from the families for a period of one year land acquired shall be given a monthly subsistence allowance equivalent to three thousand rupees per month for a period of one year from the date of award. 4. Transportation cost forEach displaced family which is displaced shall get displaced familiesa one-time financial assistance up to fifty thousand rupees as t ranspor tation cost for shifting of the family, building materials, belongings and cattle or a s decided by the District Collector. 5. Cattle shed/petty shops cost Each displaced family having cattle or having a petty shop shall get one-time financial assistance of such amount as the Government may, by notification, specify subject to a ma ximum of t wenty- five thousand rupees for construction of cattle shed or petty shop as the case may be.- 34 - Ex-671/2015 6. One-t ime grant to artisan,Each displa ced family of an artisan, s mall tr ader small traders and certainor self-employed person or an affected family otherswhich owned non-a gricu ltur al la nd or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the displaced area due to land acquisition, shall get one-time financial assistance of such amount as the Government ma y, by notification, specify subject to a maximum of twenty-five thousand rupees. 7. One - time R esettlementEach displaced family shall be given a one-time Allowa nce“Resettlement Allowance” not exceeding fifty thousand rupees only. 8. Stamp duty and registration fee (1) The stamp duty and other fees payable for registra tion of the la nd or house allotted to the displaced families shall be borne by the Requiring Body. (2) The land for house allotted to the displaced families shall be free from all encumbrances. (3) The land or house allotted may be in the joint names of wife and husband of the displaced f a mi ly. THE THIRD SCHEDULE (See section 100) LIST OF ENACTMENTS REGULATING LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT 1.The Ancient Monuments and Archaeological Sites a nd Remains Act, 1958 (24 of 1958). 2.The Atomic Energy Act, 1962 (33 of 1962). 3.The Indian Tramways Act, 1886 (11 of 1886). 4.The Land Acquisition (Mines) Act, 1885 (18 of 1885). 5.The Metro Railways (Construction of Works) Act, 1978(33 of 1978) 6.The National Highways Act. 1956(48 of 1956) 7.The Petroleum and Minerals Pipelines (Acquisit ion of Right of User in Land) Act. 1962 (5 0 of 1962). 8.The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). 9.The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). 10. The Coal Bearing Ar eas Acquisition and Development Act, 1957 (2 0 of 1957). 11. The Electricity Act, 2003 (36 of 2003). 12. The Railways Act, 1989 (24 of l989). 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/100- 35 -Ex-671/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Thursday 17.12.2015, Agrahayana 27, S.E. 1937, Issue No. 672 NOTIFICATIONNo. B. 12023/8/2015-SEC/LADC, the 30th November, 2015. WHEREAS, in pursuance of the Notification issued by the Governor of Mizoram under sub-para (1) & (6 A) of P ara 2 of the S ixth Schedule to the Constitution read with sub- rule (1) & (2) of Rule 8 of the Lai Autonomous Distr ict Council (Constitution, Conduct of Business etc.) Rules, 2014 as amended vide No. H.14011/1/2015- DC A (L), dt. 2nd July, 2015 and Not ification issued by the State Election Commission under sub-rule(1) of Rule 151 read with sub-rule(4) of Rule 142 & sub-rule(1) of Rule 158 of the Lai Autonomous District Council (Constitution, Conduct of Business, etc) rules, 2014 as amended vide No.B. 12023/1/2015-SEC/LADC, dt. 30th October, 2015, Genera l Elect ion was held for the purpose of constituting a new Lai Autonomous District Council on 26th November, 2015; and WHEREAS, the result s of the elect ions in respect of 25(twenty five) Constituencies in the said General Election ha ve been declared by the Retur ning Officer on 28th November, 2015; NOW, THEREFORE, the State Election Commission hereby notifies the na mes of the members in respect of the said Lai Autonomous District Council, along with their party affiliations, in the SCHEDULE enclosed to this Notification. H. Darzika, Secretary, State Election Commission, Mizor am : Aizawl. - 2 - Ex-672/2015 SCHEDULEGENERAL ELECTION TO LAI AUTONOMOUS DISTRICT COUNCIL HELD ON 26th NOVEMBER, 2015 List of persons elected as Members of Lai Autonomous District Council S/NNo & Name of MDCName of the ElectedParty Affilia tion (if any) ConstituencyCandidate 11- Sangau ‘East’F.RohnunaMNF 22-Sangau ‘South’ST. LaldailovaINC 33-Sangau ‘West’C. LallungmuanaINC 44-CheuralL. LawmkimaINC 55-LungtianH. BiakzauaMNF 66-Lungpher ‘South’C. LalhnunaMNF 77-VawmbukT. Za kungaINC 88-Bualpui ‘West’V. ZathangaMNF 99-Bualpui ‘East’K. VanlalsangaINC 1010-Lawngtlai BazarC. Sa ngchhungaINC 1111-La wngtlai VengpuiV.L.HmuakaINC 1212-L awngtla i ChandmaryC. LalsawmzualaMNF 1313-C ouncil VengManghmunga ChinzahMNF 1414-La wngtlai College VengChhuanawmaINC 1515-Lawngtlai-IIIT. LalengmuanaMNF 1616-Lawngtlai AOCLR. Dinglia na ChinzahInd 1717-PaitharV. Zir sangaINC 1818-Diltlang ‘South’Laltlawmlova ChinzahINC 1919-Chawngte ‘P’Andrew Laltla nzaraMNF 2020-SakeiluiSuresh Cha kmaINC 2121-M.KawnpuiN.S angna wniINC 2222-Bungtlang ‘S’JC. NgurluaiaINC 2323-SekulhLallawmsanga ApetowINC 2424-TuithumhnarKC. MalsawmdawnglianaINC 2525-VathuampuiC. LalneihkhumaINCPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50H. Darzika, S e c r e t a r y, St at e E lect ion Co mmissio n, Mizo ra m.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 18.12.2015, Agrahayana 28, S.E. 1937, Issue No. 673 NOTIFICATIONNo.A.12018/6/2013-P&AR(GSW), the 17th December, 2015. In exer cise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following Rules further to amend the Mizoram School Education Department (Gr oup ‘A’ post) Recruit ment Rules, 2009 relating to recruitment to the post of Additional Director under S chool Education Department issued vide Notification No.A. 12018/6/2013-P&AR(GSW) dated 4th July,2013 a nd published in the M izor am Gazette Extra-ordinary Issue No.342 dated 08.07.2013, namely: - 1.Shor t title and (1) These Rules may be called the Mizoram School Education Department commencement (Group A’ Gazetted posts) Recruitment (Amendment) Rules, 2015. (2) These Rules shall come into force from the date of their publica tion in the Official Gazette. 2. Amendment of C olu mn 11 : Annexure-I Promotion failing which by deputa tion Column 12 : PROMOTION : F rom Joint Director, S chool Education having 5 years regula r service in the grade failing which Joint Director, School Education with not less than 25 years of regular service calculated from the date of entry into a Gazetted post in the Department. DEPUTATION : F rom IAS/MCS Officers holding ana logous post. Period of deputation shall ordinarily not exceed 3 years. By order etc. R. Malsawma, Joint Secretary to the Govt. of Mizoram, Dept t. of Personnel & Administrative Reforms.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIV Aizawl, Tuesday 12.1.2016 Pausa 22, S.E. 1937, Issue No. 1 NOTIFICATIONNo. A.12018/66/2009-P&AR(GSW), the 6th January, 2016. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following rules regulating the method of recruitment to t he post ofDistrict Sainik Welfare & Resettlement Officerunder Home Department, Government of Mizor am, namely :- 1.Shor t title and (1) These Rules may be called the Mizoram Home (Sainik Welfare & Commencement Resettlement) Department (Group ‘A’ posts) Recruitment Rules, 2015. (2) T hese R ules shall come int o for ce fr om t he da t e of their p ub licat ion in the Official Gazette. 2. Application These rules shall apply to the posts specified in Column 1 of the annexed-I here to annexed. 3. Number of posts, The number of the said post, classification and t he scale of pay/Pay classification and scale Band & Grade Pay attached thereto shall be as specified in column of pa y/Pay Ba nd & 2 to 4 of t he afor esaid Annexur e-I. Grade Pay 4. Method of r ecruitment, The method of recruitment, age limit, qualifications and other matters age limit and other relating to the said post shall be as specified in columns 5 to 14 of qualifications Annexure-I. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be, from time to time. 5. Disqualification No person- (a ) who, has entered into or contracted a marr iage with a person having a spouse living; or - 2 - Ex-1/2016 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to t he said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other valid grounds for doing so, exempt any such person fr om the operation of this r ule. 6.Training and Departmental Every Gover nment s ervant recruited under these rules s hall undergo Examination. such training or pass such Departmental Exa mination(s) as may b e pr escribed from t ime to t ime. 7. Powers to trans fer Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have the right power to transfer any officers so recruited under these rules to any other post or position which is equivalent in rank or gr ade. 8. Power to relax Where the Governor is of the opinion that it is necessary or expedient so to do, he may, by order and for reasons to be r ecorded in writ ing, in consultation with the Mizoram Public Service Commission through the Depar tment of Personnel & Administr ative Reforms, relax any of t he provisions of these rules with respect to any class or category of persons. 9. Reservation and other Nothing in these rules shall affect any reservations, relaxation of age concessions limit and other concessions required to be provided for the Scheduled Castes/the Schedu led Tribes and ot her ca tegor ies of persons in accordance with the orders issued by the Central Government or the Government of Mizoram from time to time in this regard. 10. Repeal & Savings All Rules pertaining to the post framed by the Government of Mizoram notified vide No. A. 12018/15/80-APT(B) dated 10.12.2002 and published in the Mizoram Gazette Extraordinary issue No. 382 dated 19.12.2002 and No. A. 12018/66/2009-P&AR(GSW) dt. 10.01.2004 and published in the Mizoram Gazette Extraordinary issue No. 12 dated 17.01.2004 shall stand repealed with effect from the commencement of t hese Ru les. Provided that any order made or anything done or any action taken under the Rules so repealed or under any general order ancillary thereto, shall be deemed to have been made, done or taken under the corresp onding provisions of these Rules. By order s, etc. R. Malsawma Joint Secretary to the Govt .of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-1/2016 ANNEXURE - I(See Rule 2, 3 & 4)RECRUITMENT RULES FOR GROUP ‘A’ POSTS IN HOME (SAINIK WELFARE & RESETTLEMENT) DEPARTMENTWhether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether the age and educa- tional qualifications pres- cribed for direct recruits will apply in the case of promotionPeriod of probation, if any67 8910 Not applicableBetween 18 years and 35 years. Upper age limit is relaxable by length of military service increased by 3 years in case of Ex- servicement and Ex- Commissioned Officer including ECO/SSCO’s.Not applicable Essential 1 . Ex-Commissioned Offi c e r not below the rank of Captain in the Indian Army or its equivalent rank in Navy and Air Forc e 2 . In case of no n-availabilit y of Ex-Commissioned Officer of the rank of Captain or its equivale nt rank, ex-Junior Commis- sioned Officer not below the rank of Honorary Captain in the Indian Army or its equivalent rank in t he Nav y and Air Force Desireable : Working kno wl e d g e of Mizo language at least Middle School standard.2 years in case of direct recruitmentMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of sanctioned Post to be filled by various methodsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission. PROMOTION : From Superintendent in Sainik Welfare & Resettlement with not less than 5 years of regular service in the grade. DEPUTATION : From serving Commissioned Officer n ot below the rank of Captain in the Indian Army or its equivalent rank in the Navy or Air Force (Period of deputation shall ordinarily not exceed 3 yea r s ) 100% by direct recruitment failing which by promotion or failing both by deputationName of postNo. of postClassificationScale of Pay/Pay Band and Grade PayWhether Selection post or Non-selection post12345 Selection in ca se of promotion District Sa inik Welfare & Resettlement Officer4(Four) Nos. or as sanctioned by the Government from time to timeGeneral State Service (Group ‘A’ Gazetted) (Non-Ministerial)PB-3 ^ 15,600- 39,100/- ^ 6,600 GPPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OBITUARYNo. A. 19021/20/2012-MI, the 4th January, 2016. With deep a nd p r ofound s orr ow, the Govt. of Mizoram has learnt the sad and untimely demise of Pu J. Lalramliana, S.D.O, Lawngtlai Sub-Division, Minor Irrigation Department at 9:30 PM on the 3rd January, 2016. Pu J. Lalramliana s/o J.R. Vala, Mission Vengthlang was a Diploma holder in Civil Engineer. He entered into Govt. Service as Junior Engineer on 19. 1.1989 in Agriculture Department. He was promoted to the post of S.D.O on 18.4.2012 under Minor Irrigation Department bifurcated from Agriculture Department on 30th May, 2007. He held the post till he breathed his last. He served the Govt . of Mizoram for 27 years with utmost sincerity and devotion to duty and endeared himself to the Officers and Staff and always proved himself as conscientious and hard working officer. The Govt. of Mizor am places on record its appreciation of the sincere services rendered by Pu J. La lramlia na and conveys its heartfelt sympathy to the bereaved family. MAY HIS SOUL REST IN PEACE Er. Lianchungnunga, Secr etary to the Govt. of Mizoram, Minor Irrigation Department.VOL - XLV Aizawl, Tuesday 12.1.2016 Pausa 22, S.E. 1937, Issue No. 2Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLV Aizawl, Tuesday 12.1.2016 Pausa 22, S.E. 1937, Issue No. 3 NOTIFICATIONNo. A.12018/66/2009-P&AR(GSW), the 6th January, 2016. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following rules regulating the method of recruitment to the p ost ofDirector, Sainik Welfare & Resett lement Officerunder Home Depa rtment, Government of Mizoram, namely :- 1.Shor t title and (1) These Rules may be called the Mizoram Home (Sainik Welfare & Commencement Resettlement) Department (Group ‘A’ posts) Recruitment Rules, 2015. (2) T hese Rules shall come into for ce fr om the da te of their publication in the Official Gazette. 2. Application These rules shall apply to the posts specified in Column 1 of the Annexure-I here to Annexed. 3. Number of posts, The number of the said post, classification and t he scale of pay/Pay classification and scale Band & Grade Pay attached thereto shall be as specified in column of pa y/Pay Ba nd & 2 to 4 of t he afor esaid Annexur e-I. Grade Pay 4. Method of r ecruitment, The method of recruitment, age limit, qualifications and other matters age limit and other relating to the said post shall be as specified in columns 5 to 14 of qualifications Annexure-I. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram, as the case may be, from time to time. 5. Disqualification No person- (a ) who, has entered into or contracted a marr iage with a person having a spouse living; or - 2 - Ex-3/2016 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to t he said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other valid grounds for doing so, exempt any such person fr om the operation of this r ule. 6.Training and Departmental Every Gover nment s ervant recruited under these rules s hall undergo Examination. such training or pass such Departmental Exa mination as may be pres cribed from time to t ime. 7. Powers to trans fer Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, sha ll have power to tra nsfer a ny officers so r ecruited under these rules to a ny other post or position which is equivalent in rank or gr ade. 8. Power to relax Where the Governor is of the opinion that it is necessary or expedient so to do, he may, by order and for reasons to be recorded in writing in Consultation with the Mizoram Public Service Commission through the Depar tment of Personnel & Administr ative Reforms, relax any of t he provisions of these rules with respect to any class or category of persons. 9. Reservation and other Nothing in these rules shall affect any reservation relaxation of age concessions limit and other concessions required to be provided for the Scheduled Castes/the Schedu led Tribes and ot her ca tegor ies of persons in accordance with the orders issued by the Central Government or the Government of Mizoram from time to time in this regard. 10. Repeal & Savings All Rules pertaining to the post framed by the Government of Mizoram notified vide No. A. 12018/15/80-APT(B) dated 10.3.1989 and published in the Mizoram Gazette Extraor dinary issue No. 18 dated 10.3.1989 and No. A. 12018/66/2009-P&AR(GSW) dt. 10.01.2004 and published in the Mizoram Gazette Extraordinary issue No. 12 dated 17.01.2004 shall stand repealed with effect from the commencement of t hese Ru les. Provided that any order made or anything done or any action taken under the Rules so repealed or under any general order ancillary thereto, shall be deemed to have been made, done or taken under the corresp onding provisions of these Rules. By order s, etc. R. Malsawma, Joint Secretary to the Govt .of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-3/2016 ANNEXURE - I(See Rule 2, 3 & 4)RECRUITMENT RULES FOR GROUP ‘A’ POSTS IN HOME (SAINIK WELFARE & RESETTLEMENT) DEPARTMENTWhether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any67 8910 Not applicableBetween 18 years and 35 years. Upper age limit is relaxable by length of military service increased by 3 years in case of Ex- servicemen and Ex- Commissioned Officer including ECO/SSCO’s.Not applicable Essential 1. Ex-Commissioned Officer not below the rank of Lieutenant Colonel in the Indian Army or its equivalent rank in Navy and Air Force Desireable : Working knowledge of Mizo language at least Middle School standard.2 years in case of direct recruitmentMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of P ost to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314As per MPSC (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission PROMOTION : From serving Commissioned Officer n ot below the rank of Lieutenant Colonel in the Indian Army or equivalent rank in the Navy or Air Force. (Period of deputation shall ordinarily not exceed 3 years) DEPUTATION : From District Sainik Welfare & Reset- tlement Officer with not less than 10 years of regular service in the grade and an Ex- Commissioned Officer. 100% by direct recruitment failing which by promotion or failing both by deputationName of postNo. of postClassificationScale of Pay/Pay Band and Grade PayWhether Selection post or Non-selection posts12345 Selection in ca se of promotion Director, Sainik Welfare & Resettlement1(One) No. or as sanctioned by the Government from time to timeGeneral State Service (Group ‘A’ Gazetted) (Non-Ministerial)PB-4 ^ 37,400- 67,000/- ^ 8,700 GPPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100