The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.A.l2018/39/2016-P&AR(GSW), the 11th August, 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 to amend the Mizor am Vigilance (Anti Cor ruption Bureau) Department (Gr oup ‘B’ Non- Gazetted post) Recruitment (by deputation) Rules, 2013 (hereinafter referred to as the Principal Rules) notified vide No. A. 12018/83/2012-P&AR(GSW), dt. 13.03.2014 and published in the Mizoram Gazette Extra Ordinary Issue No. 118, dated 28.03.2014 relating to the post of Sub-Inspector (M)/Stenographer Grade-III namely :- 1.Shor t title and (1) These Rules may be called the Mizor am Vigilance (Anti Corruption commencement Bureau) Depa rtment (Group ‘B’ Non-Gazetted post) Recruit ment (Amendment) Rules, 2016 (2) They shall come into force from the date of their publication in the Official Gazette. 2. Amendment of In Annexure-I of the Principal Rules, column 1, 2, 3 and 12 shall be Annexure-I substituted by the following, namely :- “Column 1 : Sub Ins pector of Police (Stenographer Grade-III). “Column 2 : One (1) or as may be sanctioned by the Government fr om time to time. “Column 3 : Genera l State Service Group ‘B’ (Non-Gazetted) (Non- Ministerial). “Column 12 : DEPUTATION : From Police Personnel holding analogous post under the State Government. T he period of deputation shall ordinarily not exceed 3 (three) years which can be extended upto 5 (five) years in deserving ca ses. By order, etc R. Malsawma, Joint Secretary to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. VOL - XLV Aizawl, Thursday 18.8.2016 Sravana 27, S.E. 1938, Issue No. 286Published 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) 2006-2008VOL - XLV Aizawl, Thursday 18.8.2016 Sravana 27, S.E. 1938, Issue No. 287 AFFIDAVITI, Vanmawii D/o Chuauzika (L), r esiding at Tuikhuahtla ng, Aizawl, Mizoram, do hereby solemnly affirm as follows :- 1.That I am a bonafide citizen of India by birth a nd I am eligible to swear this affida vit. 2.That I am working a s Sweeper under P&E Department, Govt. of Mizoram. 3.That in my Service Book my fa ther ’s name has been mista kenly writ ten a nd recorded as Ramfangzaua who is my husband. 4.That my father ’s true and correct name is Chuauzika (L). 5.That the contents made in para 1 to 4 ar e true to the best of my knowledge and belief. IN WIT NESS WHEREOF I put my signature hereto on this 22nd day of August, 2016. Sd/- DEPONENT Ident ified by me:Signed before me: Sd/-Sd/- C. RamdinmawiiR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 35/7 Chanmari West, Aizawl, MizoramAizawl, MizoramDate 22.7.16Published 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 - XLV Aizawl, Thursday 18.8.2016 Sravana 27, S.E. 1938, Issue No. 288 AFFIDAVITI, Robuanga S/o Hmartawna (L), resident of Bethlehem Veng, Aizawl, Mizoram, do hereby solemnly affirm and say as under :- 1.That I am a bonafide citizen of India and competent to swear this affida vit. 2.That I am working as IV Grade under Public Wor ks Depa rtment, Govt. of Mizoram. 3.That I had written and recorded my father ’s name as Lalbuanga in my service book, which is incorrect. However, my fa ther ’s true and correct name is Hma rtawna (L). 4.That the pur pose of this a ffidavit is to correct my father ’s na me as Hmartawna (L) which had been writ ten as Lalbuanga in my service book. 5.That from now onwards my father ’s name shall be written and r ecorded as Hma rtawna (L). 6.That the contents of this affida vit are true a nd correct to the best of my knowledge and belief, and nothing material has been concealed therein. IN WIT NESS WHEREOF I have hereunto subscribed my hand and pu t my signature on this 9th day of November, 2015. Sd/- DEPONENT Ident ified by me:Signed before me: Sd/-Sd/- ZochhuanmawiaR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 23/11 Aizawl : MizoramAizawl, MizoramDate 9.11.15Published 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) 2006-2008OBITUARYNo. A. 19099/28/2015-FST, the 13th August, 2016.The Government of Mizoram has learnt with deep sorrow the sa d and untimely demise of Pu G. Luankhawthanga, Assistant Conservator of Forests, Kha wzawl Wildlife Division on 13th August, 2016 at 5:00 A.M. Pu G. Luankhawthanga entered into Government service on 18.3.1981 as For ester-II. On successful completion of Ranger Course at Kurseong District, Darjeeling, he was a ppointed as Forest Ranger on 29.4.1983. Thereafter he was posted to Lunglei Forest Divis ion, Dar lawn Forest Division, Kolasib Forest Division and Cha mphai Forest Division in his capacit y as For est Ranger. He was promoted to Assista nt Conservator of Forests on 20.1.2015 and wa s posted to Dar lawn Forest Division. He was transferred to Khawzawl Wildlife Division and he joined the post on 9.2.2016 where he remained till date. He served the Government of Mizor am with utmost sincerity and devotion and always proved himself a conscientious officer. The Government pla ces on r ecord its appr eciation of the sincere services rendered by Pu G. Luankhawthanga, Assistant Conservator of For ests and conveys its heartfelt sympathy to the bereaved family. Lalram Thanga, Principal S ecretar y to the Govt. of Mizoram, Environment, Forests & Climate Change Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 VOL - XLV Aizawl, Thursday 18.8.2016 Sravana 27, S.E. 1938, Issue No. 289

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. F. 14017/3/2013-IPR, the 16th August, 2016.It is hereby notified that certain modifica tion are made to the pr ovisions of the Mizor am Jour nalist Welfare Society Rules, 2010 in line with the decis ions taken in the meeting of t he Mizoram Journalist Welfar e Society Governing Board Committee held on 6th August, 2015 as shown below :- Under Section 2 of the Mizoram Journalist Welfare Society Rules, 2010:- The words ‘ Who is a bona fied member of the Mizoram Journalist Association’ be added in sub- clause 2.14 and 2.15 thus reading: (1)2.14 ‘Accredited Journalist’ means Journalists who is a bonafied member of the Mizoram Journalist Association accredited by the Mizoram State Press Accreditation Committee. (2)2. 15 ‘Working Jour nalist’ means a wor king Journa lis t who is a bonafied member of the Mizoram Journalist Association as defined in the Working Journalist and other Newspa per Employees (Conditions of S ervice and Miscellaneous P rovisions (Act, 1955). Under Section 7.2 of the Mizoram Journalist Welfare Society Rules, 2010 :- (1)7.2 (a ) Ex-gr a tia to the next of kin of a ccr edited jour na lists incr eased from Rs. 1,00,000 (1 lakh) to Rs. 1,50,000/- and from Rs.70,000/- (Seventy thousand) to Rs. 1,00,000/- (1 lakh) for Non-accredited Journalists. (2)7.2(b) Assistance for Journalis ts seriously injured/accident or Loss of valuable properties due to natural cala mities increased from Rs.80,000/- (Eighty thousand) to Rs. 1 ,00,000/- (1 la kh). (3)7.2(d) One time financial assista nce not exceeding Rs.50,000/- (F ifty thousa nd) to dependent members suffering from crit ical illness increased to Rs.80,000/- ( Eight y thousa nd). VOL - XLV Aizawl, Friday 19.8.2016 Sravana 28, S.E. 1938, Issue No. 290 - 2 - Ex-290/2016 In addition, financial assistance upto Rs. 1, 00,000/- (1 lakh) be given to a member of the Mizoram Journalist Association in case of permanent Disability and Rs. 80,000/- (Eighty thousand) in case of dependent family member. Financial assistance be granted more than once to a beneficiary with the quantum fixed by the Governing Board All the other sections and clause under the Mizoram Journalist Welfare Society Rules, 2010 remain unchange. B. Lalthanliana, Secr etary to the Govt. of Mizoram, Information & Public Relations 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) 2006-2008NOTIFICATIONNo.A.l2018/34/2016-P&AR(GSW), the 17th August, 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 recruit ment to the pos t of Assistant Soil Conservation Engineer under Soil & Water Conservation Department, Government of Mizor am namely :- 1.Shor t title and (1) These Rules may be called the Mizor am Soil & Water Conserva tion commencement Department (Group ‘A’ posts) Recruitment Rules, 2016 (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application These Rules shall apply to the posts specified in Column I of Annexure-I her et o a nnex ed. 3. Number of posts, The number of the said post(s), classification and the scale of pay/ classification and Pay Band & Grade Pay attached thereto shall be as specified in scale of pay/Pay Column 2 to 4 of the aforesaid Annexure-I Band & Grade Pay 4. Method of r ecruitment, The method of recruitment, age limit, qualifications and other matters age limit and other relating to the sa id post shall be as specified in Column 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 Government of Mizora m from time to t ime. 5. Disqualification No per son – (a ) Who has entered int o or contracted a mar riage with a person having a spouse living; or VOL - XLV Aizawl, Friday 19.8.2016 Sravana 28, S.E. 1938, Issue No. 291 - 2 - Ex-291/2016 (b) Who, having a spouse living, ha s entered into or contracted a marriage with any person shall be eligible for appointment to the 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 a ny such person from the operation of these Rules. 6.Training and Every Gover nment s ervant recruit ed under these Rules shall undergo such Departmental training or pass such Departmental Examina tion as may be prescribed Ex amination fr om time to time. 7. Power to transfer Notwithstanding anything contained in these Rules, the Governor of Mizora m, in public interest , shall have the right and power to transfer any officers, so recruited under these Rules to any other post or position which is equivalent in ra nk or gr ade. 8. Power to relax Wher e the Governor is of the opinion that it is necessary or exp edient to do so, he may, by order and for reasons to be recorded in writing, in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Refor ms, relax any of the provisions of these Rules with r espect to any class or category of persons. 9. Reservation and Nothing in these Rules shall affect any reservations, relaxation of age limit other concessions and other concessions required to be pr ovided for the Scheduled Castes/ the Scheduled Tribes and other categories of persons in accordance with the order issued by Central Government or Government of Mizoram from time to time in this regard. 10. Repeal & Savings All Rules pertaining to the post of Assistant Soil Conservation Officer framed by the Government of Mizoram vide No. A. 12018/58/2012-P&AR(GSW) dated 19.05.2014 a nd notified in the Mizoram Ga zette Extraordinary Issue No. 244 dated 23.05.2014 and the post of Assistant Soil Conservation Engineer vide No. A. 12018/58/2006-P&AR(GSW) dated 22.10.2007 and notified in the Mizoram Gazette Extraordinary Issue No. 296 da ted 29.10.2007 sha ll stand repealed with effect from the commencement of t hese Ru les. Provided that any order made or a nything done or any action taken under the Rules so repealed or under any genera l order ancilla ry thereto, shall be deemed to have been made, done or taken under the corresponding provisions of these R ules. By order, etc R. Malsawma, Joint Secretary to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-291/2016 ANNEXURE - I (See Rule 2, 3 & 4) RECRUITMENT RULES FOR GROUP ‘A’ POSTS UNDER SOIL & WATER CONSERVATION DEPARTMENTWhether benefit of added years of service admissible under Rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitmentEducational qualification and other qualification required for direct recruitmentWhether the age and educational qualifications prescribed for direct recruitmen ts 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 5 years for candida tes from Scheduled Caste/Scheduled Tribe.Not applicable 1. Atleast B.E (Civil Engi- neering) or B. Sc (Agricu lture Engineering). The selected candidate will undergo Soil Conservation Training course (Gazetted) in any recognised Institution. 2. Working knowledge of Mizo language at least Middle School standardTwo years for direct recruitMethod of recruitment whether by direct recruitment or by promotion or by deputation/transfer and percentage of the sanctioned posts 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 recruitment11121314As per MPSC (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission. PROMOTION : (1) 80% from Soil Conser- vation Ranger with 5 years reg ular service in the grade with 5½ months (Non-Gazetted)/4 months (Gazetted) Soil Conser- vation Tra in ing or Forest Ranger Course Training from recognised Institution. (2) 20% from Junior Engi- neers with 5 years regular service in the grade with 5½ months (Non-Ga zetted)/ 4 months (Ga zetted) Soil Conservation Training from recognised Insti- tution or Diploma in Civil Engineering from recog n i s e d Institution. 50% by direct recruitment 50% by promotionName of PostNo. of PostClassificationScale of Pay/Pay Band & Grade PayWhether Selection or Non-Selection posts12345 Selection in ca se of promotion Assistant Soil Conservation Engineer15 (fifteen) posts or as sanctioned by the Government from time to timeGeneral State Service (Group ‘A’ Gazetted) (Non-Ministerial)PB-3 ^ 15,600- 39,100/- + ^ 5,400 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) 2006-2008NOTIFICATIONNo.A.l2018/44/2010-P&AR(GSW), the 16th August, 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 r egulating the method of recruitment to the pos t of Dr aftsma n Grade-III under Public Health Engineering Department, Government of Mizor am namely :- 1.Shor t title and (1) These Rules may be called the Mizor am Public Health Engineering commencement Department (Group ‘C’ post) Recruitment Rules, 2016 (2) These rules shall come into force from the date of their publication in the Official Gazette. 2. Application These Rules shall apply to the posts specified in Column I of Annexure-I her et o a nnex ed. 3. Number of posts, The number of the said post(s), classification and the scale of pay/ classification and Pay Band & Grade Pay attached thereto shall be as specified in scale of pay/Pay Column 2 to 4 of the aforesaid Annexure-I Band & Grade Pay 4. Method of r ecruitment, The method of recruitment, age limit, qualifications and other matters age limit and other relating to the sa id post shall be as specified in Column 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 Government of Mizora m from time to t ime. 5. Disqualification No per son – (a ) Who has entered int o or contracted a mar riage with a person having a spouse living; or VOL - XLV Aizawl, Friday 19.8.2016 Sravana 28, S.E. 1938, Issue No. 292 - 2 - Ex-292/2016 (b) Who, having a spouse living, ha s entered into or contracted a marriage with any person shall be eligible for appointment to the 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 a ny such person from the operation of these Rules. 6.Training and Every Gover nment s ervant recruit ed under these Rules shall undergo such Departmental training or pass such Departmental Examina tion as may be prescribed Ex amination fr om time to time. 7. Power to transfer Notwithstanding anything contained in these Rules, the Governor of Mizora m, in public interest , shall have the right and power to transfer any officers, so recruited under these Rules to any other post or position which is equivalent in ra nk or gr ade. 8. Power to relax Wher e the Governor is of the opinion that it is necessary or exp edient to do so, he may, by order and for reasons to be recorded in writing, through the Department of Personnel & Administrative Reforms, relax a ny of the provisions of these Rules with respect to any cla ss or category of persons. 9. Reservation and Nothing in these Rules shall affect any reservations, relaxation of age limit other concessions and other concessions required to be pr ovided for the Scheduled Castes/ the Scheduled Tribes and other categories of persons in accordance with the order issued by Central Government or Government of Mizoram from time to time in this regard. 10. Repeal & Savings All Rules pertaining to the post framed by the Government of Mizoram notified vide No. PWE. 97/73/225 dated 31.10.1975 shall stand repealed with effect from t he commencement of t hese Ru les. Provided that any order made or a nything done or any action taken under the Rules so repealed or under any genera l order ancilla ry thereto, shall be deemed to have been made, done or taken under the corresponding provisions of these R ules. By order, etc R. Malsawma, Joint Secretary to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms. - 3 -Ex-292/2016 ANNEXURE - I (See Rule 2, 3 & 4) RECRUITMENT RULES FOR GROUP ‘C’ POST IN PUBLIC HEALTH ENGINEERING DEPARTMENTWhether benefit of added years of service admissible under Rules 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitmentEducational qualification and other qualification required for direct recruitmentWhether the age and educational qualifications prescribed for direct recruitmen ts 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 5 years in case of candidates from ST/ SC categoriesNot applicable 1. Two years Certificate Course in Draftsman- ship (Civil) from ITI or any other recognised Institution 2. Working knowledge of Mizo language at least Middle School standard2 (two) yearsMethod of recruitment whether by direct recruitment or by promotion or by deputation/transfer and percentage of the sanctioned posts 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 recruitment11121314Exempted from the purview of MPSC DPC as constituted by th e Government from time to time Not applicable 100% by direct recruitmentName of PostNo. of PostClassificationScale of Pay/Pay Band & Grade PayWhether Selection or Non-Selection posts12345 Not applicable Draftsman Grade-III19 (nineteen) Nos. or as sanctioned by the Government from time to timeGeneral State Service (Group ‘C’ Non- Gazetted) (Non-Ministerial)PB-1 Rs 5,200- 20,200/- + Rs 2,400 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) 2006-2008NOTIFICATIONNo. LA.1/LEGN/2013/31, the 22nd August, 2016.The following order of the Governor of Mizoram dated 18th August, 2016 is hereby published for information : “O R D E R In exercise of the powers conferred by Clause (1) of Article 174 of the Constitution of India, I, Lt Gen Nirbhay Sharma, PVSM, UYSM, AVSM, VSM (Retd), Governor of Mizoram, do hereby summon the Seventh Legislative Assembly of the Sta te of Mizoram to meet for it s Tenth Session on and from 30th August, 2016 (Tuesday) onwards, at 10:30 A.M in the Mizoram Assembly House, Aizawl. Lt. GEN NIRBHAY SHARMA PVSM, UYSM, AVSM, VSM (Retd.) GOVERNOR” NGURTHANZUALA Secretary. VOL - XLV Aizawl, Thursday 25.8.2016 Bhadrapada 3, S.E. 1938, Issue No. 297Published 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) 2006-2008NOTIFICATIONNo. F. 20027/1/2016-PLG, the 22nd August, 2016.The Governor of Mizoram is p leased to constitute High Level Committee on Official Data and Statistics consisting of the following members :- 1.Chief Secretary- Chairman 2.Secr etary, Planning Department- Member Secretary 3.Secretary, Agricultur e Depart ment- Member 4.Secr etary, FCS & CA Depart ment- Member 5.Secr etary, R D Depart ment- Member 6.Secr etary, Health & Family Welfare Depart ment- Member 7.Secretary, UD&PA Department- Member 8.Principal Adviser-cum-Addl. Secretary, Planning (RDB) - Member 9.Director, Economics & Statistics- Member Dr. C. Vanlalramsanga, Secr etary to the Govt. of Mizoram, Planning & P rogramme Implementation Department. VOL - XLV Aizawl, Thursday 25.8.2016 Bhadrapada 3, S.E. 1938, Issue No. 298Published 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) 2006-2008NOTIFICATIONNo. B. 18012/76/2015-IND, the 23rd August, 2016.In t he interest of p ublic service, the Governor of M izoram is pleased to constitute the Mizoram Handloom & Ha ndicrafts Resea rch and Promotion Council comprising of the following members : 1.Secr etary, C ommerce & Indust ries- Chairman 2.Dir ector, Commerce & Indust ries- Member Secretary 3.Joint Director (H&H)- Member 4.Joint Dir ector, (Commerce)- Member 5.Functional Manager, Directorate of Commerce & Industries- Member 6.Chairman, MAHCO Ltd.- Member 7.Chairman, ZOHANDFED- Member 8.Pi B.Zodinpuii, National Awardee- Member 9.Pi Laltanpuii, Zozia Handloom- Member 10.Pi Lucy Sailo, Freelance Designer, Zar kawt- Member 11.Pi L aldampuii Khiangte, ZOBAZAR, Ramhlun S outh- Member 12.Pu C.Lalthlenmawia , Herita ge Handloom & Handicr afts- Member 13.Pi K.Lalmua npuii, Lenbuang Handloom & Handicr afts- Member 14.Pu W.Chhuanawma, Vaivakawn- Member 15.Pi C.Awmpuii, Upper Republic- MemberTerms of R eference : 1.To protect and preserve the Mizo traditional textiles, fabric and ha ndicraft s and their design motifs through Int ellectua l Property Rights. 2.To study a ndrecommend ways to promote the text iles and handicrafts sector in the State to keep abreast with prevailing tr ends and technology in the national and international mar ket. 3.To study and suggest suita ble guidelines for development of the textiles and handicra fts sectors. 4.To institute State Level Awards to promote excellence in craftsmanship under both Handloom and Handicrafts sector. VOL - XLV Aizawl, Thursday 25.8.2016 Bhadrapada 3, S.E. 1938, Issue No. 299 - 2 - Ex-299/2016Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 5.To create awareness of Mizo textiles handicraft s through educa tion in the State. 6.To undertake skill development of weavers and artisans in the State. 7.To encourage the use of natural fibres for national a nd international markets. 8.To promote level playing field and competitive spirit among local weavers artisans by instituting State and District level accreditation. 9.To conduct diagnostic studies for development of textiles and handicr afts in the State. 10.To generate ideas for creation of new designs and colour combinations in tune with global market trends. 11.To study pla n scheme of the State Government and existing promotion schemes implemented by the Government of India to screen and select suit able project for the State. Zothan Khuma, Commissioner/Secreta ry to the Govt. of Mizoram, Commerce & Industries Department.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. J. 12011/56/2016-REV, the 23rd August, 2016.In p ursuance to this Department’s Notifica tion No.H.11018/6/2008-REV/pt, dt.15.7.2013, the Governor of Mizoram is please to constitute Site Allotment Advisory Boa rd (S AAB) wit hin Aizawl Distr ict station areas as Sakawrdai Village with immediate effect and valid for 2 yea rs. The composition of the SAAB shall be given as under. 1.Chairman:Sub Divisional Officer (Civil), Sakawrdai. 2.Member Secretary:Pu Lalrokima, Headmaster, Tuisualral H/S, Sakawrdai. MEMBERS :1)Sub-Divisional Officer, P.W.D., Sakawrdai. 2)President, Village Council, Sakawrdai. 3)Vice President, Village Council, Sakawrdai. 4)Secretary, Village Council, Sakawrdai. 5)President, Village Council, Vaitin. 6)Vice President, Village Council, Vaitin. 7)Secr etary, Village Council, Vaitin. 8)Block President, Indian National Congress (INC). 9)Block President, Mizo National Front (M NF). 10)Block President, Zor am Nationalist Party (ZNP). 11)Block President, Mizoram People’s Confer ence (M PC) if any. 12)Block President, Bharatiya Janata Party (BJP) if any. 13)Prominent Person : - a)Pu Biakliansanga, Sakawrdai. b)Pu Parthangliana, Sakawrdai. c)Pu Dinthar a, Vaitin. FUNCTIONS AND TERMS OF REFERENCE OF THE SAAB1.The Site Allotment Advisor y 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 t he Boar d shall have to reject outright. VOL - XLV Aizawl, Thursday 25.8.2016 Bhadrapada 3, S.E. 1938, Issue No. 300 - 2 - Ex-300/2016Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 3.The Board sha ll have its sitting at least twice in a year or as may be required and TA shall be given to the members of the Boar d if the place of sit ting is more than 8 (eight) kilometer from the headquarter of the member. The S ecretar y SAAB s hall issue Meeting Notice in consultation with the Chairma n by giving at least 10 (ten) days in advance to the member of S AAB. 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 ca tegory or purpose must be submitted to the Settlement Officer or Assista nt Settlement Officer if Chairman of SAAB is the Deputy C ommissioner of the Dis t r ict . In ca se, C hair man of S AAB is S DO (C ) or BDO or P r es ident, Village Cou nc il t he a pp lica t ion for land allotment of any category must be submitted to the concerned Chair man. 5.The Board shall make initial screening of the a pplication with regard to location of the applied site. After a summary scr eening, the Board shall place the ma tter for demarcation of land by Surveyor, Revenue Depa rtment in the presence of the applica nt, the concerned VC and neighbouring land holder, if any. Measurement of land should be a ccurate and NOC sha ll be obtained from the neighbouring land holder, if existent. Format of NOC is as prescribed by Revenue Department. 6.The demarcation report of S urveyor 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 concerned District Revenue Officer for fur ther submission to the Government through the Dir ector, Land Revenue & Settlement, Aizawl Mizor am for decision of the Government. 7.In case, there are more than one a pplicant for one plot or one area SAAB will make recommendation of such names in order of prior ity. 8.The SAAB shall have to exa mine whether a llotment 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 fu ture infrastructure development wor k 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 fr om time to time. 9.The term of the Boa rd shall be three year s. The Government may, however, dissolve at any time or extend as it may deem necessary in the interest of public. Zothan Khuma, Secr etary to the Govt. of Mizoram, Land Revenu e & Sett lement Department.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. A. 38011/4/2014-LE&IT, the 23rd August, 2016.In exercise of the power conferred by sub-section (1) of section 15 of the Payment of Gratuity Act, 1972 (39 of 1972), the Governor of Mizoram is pleased to make the following Rules, namely the Payment of Gratuity (Mizoram) Rules, 2015 and they shall come into for ce with effect from the date of publication in the Government Gazette. Benjamina, Commr. & Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt. THE PAYMENT OF GRATUITY (MIZORAM) RULES, 2015 1 . Short title and commencement:- (1) These Rules may be called the Payment of Gratuity (Mizoram) Rules, 2015. (2) They shall come into force with effect from the date of publication in the Government Gazette. 2 . Definition:-In t hese Rules unless there is anything repugnant in the subject or cont ext— (a) “Act”means the Payment of Gratuity Act, 1972; (b) “Appellate Authority”means the State Government or the author ity specified by the State Government u nder sub-section (7) of Section 7; ( c ) “for m”means a for m appended to t hese Ru les; (d) “nomination” means nomination made under Section 6; (e) “section ”means a section of the Act; (f) Words and expressionsused but not defined in t hese Rules sha ll have the meaning r espectively assigned to them in the Act. 3 . Notice of opening, change or closure of the establishment:- (1) (i) Every employer of an establishment to which these Rules apply shall, within thirty days from the date of the publication of these Rules in the Official Gazette; and (ii) Every employer of an establishment to which these Rules become applicable shall, within thirty days from the date such Rules become applica ble; submit a notice inForm “A”to the Controlling Author ity. VOL - XLV Aizawl, Thursday 1.9.2016 Bhadrapada 10, S.E. 1938, Issue No. 309 - 2 - Ex-309/2016 (2) A notice inForm “B”shall be su bmitted by the employer to the Controlling Authority of the area within thirty days of any cha nge in the name, address, employer or nature of business. (3) Wher e an employer intends to close down the business, he shall submit a notice inForm “C” to the Contr olling Authority of the area at least sixty days before the intended closure. 4 . Display of Notice:- (1) The employer shall display conspicuously a notice at or near the main entrance of the esta blishment in bold letters in Englis h and in a language understood by the majority of the employees specifying the name of the officer with designa tion authorised by the employer to receive on his behalf notices under the Act or the Rules. (2) A fresh notice shall be displayed immediately after the notice referred to in sub-rule (1) becomes illegible or requir es a cha nge. 5 . Form of notice under proviso to Section 2 (h) (ii):- (1) The notice under pr oviso to sub-section (h) (ii) of Section 2 shall be inForm “D”and sent in triplicate by the employee to the employer, who shall, after recording its r eceipt on one copy thereof, return the copy to the employee and send the second copy to the Controlling Authority of the area. (2) An employee may withdraw the notice referr ed to in sub-rule (1) by giving another notice in triplicate inForm “E”to t he employer who shall follow the sa me procedure as in sub-rule (1). 6 . Nominations:- (1) The nomination for the pur pose of the second proviso to sub-section (1) of Section 4 shall be in Form “F”and shall be submitted in duplicate by personal service by the employee, after taking proper receipt or by sending through registered post acknowledgement due to the employer, - (i)in the case of an employee who is already in employment for a y e a r or more on the date of commencement of these Rules, ordinarily within ninety da ys from the date of publication of these Rules in the Official Gazette; and (ii) in the case of an employee who completes one year of service after the date of publication of t hese Rules in the Official Gazette or dinarily, within thirty days from the completion of one yea r of service: Provided thatnomination inForm “F”sha ll be accepted b y the employer after t he specified period, if filed with reasonable grounds for delay, and no nomination so accept ed shall be invalid merely becau se it wa s filed after t he specified per iod. (2) Within thirty days of the receipt of a nomination inForm “F”under sub-rule (1), the employer shall get the service particulars of the employee, as mentioned in the form of nomination, verified , with reference to the records of the establishment and return to the employee, a fter obta ining a receipt thereof the duplicate copy of the nomination inForm “F”duly attested either by the employer or an officer authorized in this behalf by him, as a token of recording of the nomination by the employer a nd the other copy of the nomination shall be recor ded. (3) An employee who ha s no fa mily at the time of making a nomination sha ll, within ninety days of acquiring a family, submit in the manner specified in sub-rule (1), a fresh nomination, as required under sub-section (4) of Section 6, in du plicate inForm “G”to t he employer and ther ea fter the provisions of sub-rule (2) shall applymutatis mutandis as if it was made under sub-rule (1). (4) A notice of modification of a nomination, including cases wher e a nominee predeceases an employee, shall be submitted in duplicate, inForm “H” to the employer in the manner specified in sub- rule (1), and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1). (5) A nomina tion or a fresh nomination or a notice of modification of nomination shall be signed by the employee or, if illiterate, shall bear his thumb impression in the presence of two witnesses, who shall also sign a declaration to that effect in the nomination, fresh nomination or notice or modification of nomination, as the case may be. (6) A nomination, fresh nomination or notice of modification of nomination shall take effect from the da te of receip t ther eof by the employer. 7 . Application for Gr atuity:- (1) An employee who is eligible for payment of gratuity under the Act, or any person authorized in writing to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, inForm “I”to t he employer : Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement. (2) A nominee of an employee who is eligible for payment of gratuity under the second proviso to sub-section (1) of Section 4 shall apply ordinarily within thir ty days from the date the gratuity became payable to him, inForm “J”to t he employer : Provided thatan application in plain paper with relevant particulars shall also be accepted and the employer may obta in such other particulars as may be deemed necessary by him. (3) A legal heir of employee who is eligible for payment of gratuity under the second proviso to sub-section (1) of Section 4 shall apply ordina rily within one year from the date the gratuity became payable to him, inForm “K”to t he employer. (4) Wher e gr atu ity becomes payable under the Act befor e the commencement of these Rules, the periods of limitation specified in sub-rules (1), (2) and (3) shall be deemed to be operative from the date of such commencement. (5) An a pplication for payment of gra tuity filed aft er the expiry of periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient ca use for the delay in pr eferring his claim, and no claim for gratuity under the Act shall be invalid merely beca use the claimant failed to pr esent his application within the specified period. Any dispute in t his regard sha ll be referred to the Controlling Authority for his decision. (6) An a pplication under this Rule sha ll be pr esented to the employer by personal s ervice or by registered post acknowledgement due. 8 . Notice for payment of gratuity:- (1) Within fifteen days of the receipt of an application under Rule 7 for payment of gr atuity, the employer sha ll – (i) if the claims is found admissible on verifica tion, issue a notice inForm “L”to the applicant employee, nominee, or legal heir, as the case may be, specifying the amount of gratuity pa yable a nd fixing a da te, not being later than the thirtieth day after the date of receipt of the application, for payment thereof, or (ii) if t he claim for gratuity is not found admissible, issue a notice inForm “M”to the applicant employee, nominee or legal heir, as the case may be, specifying the reasons why the cla im for gratuity is not considered admissible. In either ca se, a copy of the notice shall be endorsed to the Controlling Author ity. (2) In case payment of gratuit y is due to be made in the employer ’s office, date fixed for the purpose in the notice inForm “L”under Clause (i) of sub-rule (1) of Rule 8 shall be refixed by the employer if a written application in this behalf is made by the payee explaining why it is not possible for him to be present in person on the date specified.- 3 -Ex-309/2016 (3) If the claimant for gratuity is a nominee or a legal heir, the employer may asks for such wit ness or evidence as may be deemed relevant for establishing his identity or maintainability of his claim, as the case may be. In that case, the time limit specified for issue of notice under sub- rule(1) shall be operative with effect from the date such witness or evidence, as the case may be, called for by the employer is furnished to the employer. (4) A notice inForm “L”orForm “M”shall be served on the applicant either by personal service after taking receipt or by registered pos t with a cknowledgement due. (5) A notice under sub-section (2) of Section 7 shall be inForm “L”. 9 . Mode of payment of gratuity:-The gratuit y payable under the Act shall be paid in cash or, if so desired by t he payee, in a demand draft or bank cheque to the eligible employee, nominee or legal heir, as the case may be: Provided thatin a case the eligible employee, nominee or legal heir, as the case may be, so desires and the amount of gratuit y payable is less than one thousand r upees, payment may be made by postal money or der aft er deducting the pos tal money order commission therefore from the amount paya ble: Provided further that int imation about the details of payment shall also be given by the employer to t he Controlling Authority of the a rea. 10 . Application to controlling authority for direction:- (1) if an employer- (i)refuses to a ccept nomination or to entertain an application sought to be filed under Rule 7; or (ii) issues a notice under sub-rule (1) of Rule 8 either specifying an amount of gratuity which is considered by the applica nt less than what is payable or rejecting eligibilit y to payment of gratuity; or (iii) having received an applica tion under Rule 7 fails to issue any notice as required under Rule 8 within the time specified therein; the claimant employee, nominee or legal heir, as the case may be, may, within ninety days of the occurrence of the cause for the application, apply inForm “N” to t he Controlling Authority for issuing a direction under sub-section (4) of Section 7 with as many extra copies as a re part ies to t he disp ute: Provided thatthe Controlling Authority may accept any application under this sub-r ule, on sufficient cause being shown by the applicant, after the expiry of the specified per iod. (2) Application under s ub-rule (1) and other documents relevant to such an a pplication shall be presented in person to the Controlling Authority or shall be sent by registered post acknowledgement due. 11. Production of documents:- (1) When an application under Rule 10 is based upon any document or documents, the same a long with a list thereof shall be appended to the a pplication. (2) Any relevant documents, other tha n those mentioned in sub-rule (1) or in the notice inForm “O”which any party desires t o render in evidence, shall be produced at or before the date fixed for hearing a long with a lis t thereof and with as many extra copies as a re opposite par ties to the dispute. (3) Any document which is not produced at or within the time specified in sub-rules (1) and (2), as the case may be, shall not, without the permission of the Contr olling Authority, be a dmissible in evidence on behalf of the party who have produced it.- 4 - Ex-309/2016 (4) Nothing in this Rule applies to a ny docu ment which is produced for the purpose of cr oss- examining a witness or is handed to a witness to refresh his memory. (5) If a ny document is either written in pencil or is torned or in damaged condition, a clear note to that effect shall be made in the list a nd such document shall be brought to the notice of the Controlling Authority. The said Authority shall, if he deems it necessa ry, ask for a true copy of such document either written in ink or typed. (6) Every document tendered in evidence by or on behalf of the employee shall be denominated as Exhibit “U” and be given serial number accordingly. Every document tendered in evidence by or on behalf of the employer shall be denominated as Exhibit “C” and be given s erial number accordingly. (7) All documents produced and tendered in evidence shall be accompanied by a list in which each document sha ll be serially mentioned and the deta ils thereof shall be noted. T he list shall be in Form “ U”. (8) If a document is r eferred to in the proceeding before it is tendered in evidence and formally proved, it shall be immediately ma rked for identification; and when it is tendered in evidence, it shall be detached from the list a nd assigned the proper exhibit number and a reference to it in the deposit ion, proceeding or order shall appear with such number. 12. Scrutiny of Application:- (1) On receipt of a n applica tion under Rule 10, the Contr olling Authority shall examined it or cause it to be examined on the following points- (a ) whether it is in pr oper form and is properly signed; (b) whether it is barr ed by limitation; (c ) whether it is accompanied by the documents on which reliance is placed along with a list and copies thereof, and whether the documents are in proper condition as provided in Rule 11. (2) Wher e, upon such application is found to be in or der, it shall b e entertained and registered; and the Officer concerned shall make a n endor sement thereon as “exa mined a nd registered” with his signatur e and date. (3) The applica tion shall then be entered in the register inForm “O”. (4) Where an application is found to be defective, the Controlling Authority shall direct the applicant to r ectify the defect within a pr escribed period or such further period as ma y be allowed by the Controlling Authority. If the applicant fails to comply with the above dir ection within the prescribed time, the Contr olling Authority shall be competent to dismiss the application. 13 . P rocedure for dealing with applica tion for direction:- (1) On r eceipt of an application under Rule 10, the Controlling Authority s hall, on issue of a notice inForm “O”,call upon the applicant as well as the employer to appear before him on a specified date, time and place either in person or through his authorized repr esentative together with all relevant documents and witness es, if any. (2) Any person desiring to act on behalf of an employer or employee, nominee or legal heir, as the case may be, shall present to the Controlling Authority a letter of a uthorit y from the employer or the person concerned, as the ca se may be, on whose behalf he seeks to act, t ogether with a wr itten statement explaining his interest in the matter and praying for permission to act. The Controlling Authority shall recor d thereon an order either according his appr oval or specifying, in t he case of refusal to grant t he permission prayed for, the reasons for the refusal. (3) A pa rty appearing t hrough an authorized r epresent ative shall be bound by the a cts in their repr esentative.- 5 -Ex-309/2016 (4) After completion of hearing on the date fixed under sub-rule (1), or after such further evidence, examination of documents, witnesses, hear ing and enquiry, as ma y be deemed necessary, the Controlling Authority shall record his finding as to whether any amount is payable to the applicant under the Act. A copy of t he finding shall be given to each of the parties. (5) If the employer concerned fails to appear on the specified da te of hearing after due service of notice without sufficient cause, the Controlling Authority may proceed to hear and determine t he appl i cat i onex-parte . If the applicant fails to appear on the specified date of hearing wit hout sufficient cause, the Controlling Authority may also dismiss the application: Provided thatan order under this sub-rule may, on good cause being shown within thirty days of the said or der, be reviewed and the application r e-heard after giving not less than four teen day’s notice to the opposite par ty of the date fixed for re-hearing of the a pplication. 1 4 . Place and time of hearing:-The sittings of the Controlling Authority shall be held at such time and at such place as he ma y fix; a nd he shall inform the parties of the same in such manner a s he thinks fit. 1 5 . Summoning and a ttendance of witnesses:-The Contr olling Authority may, at any sta ge of the proceedings before him, either upon or without an application by any of the parties involved in the proceedings before him, and on such terms as may appear to the Controlling Authority just, issue summons to any person inForm “P”either to give evidence or to produce documents or for both purposes on a specified da te, time and place. 16. Service of Summons or notice:- (1) Subject to the provisions of sub-rule (2), any notice, summons, process, or order issued by the Controlling Author ity may be served eit her personally or by registered post acknowledgement due or in any other manner as prescribed under the Code of Civil Procedure, 1908 (Act 5 of 1908) (2) Where there are numerous persons as parties to any proceeding before the Controlling Authority and such persons a re members of a ny Trade Union or Association or are represented by an Authorised Person, the service of notice on the S ecretary, or where is no Secretary, on the Principal Officer of the Trade Union or Association, or on the Authorised Person shall be deemed to be served on such persons. 17 . Maintena nce of r ecords of ca ses b y the contr olling a uthor it y:- (1) The Controlling Aut hority shall r ecord the particulars of each case under Section 7 inForm “Q”and at the time of passing orders shall s ign and date the particulars so recor ded. (2) The Controlling Aut hority shall, while passing orders in each case, a lso record the findings on the merits of the case and file it together with the memorandum of evidence with the or ders sheet. (3) Any record other t han a record of any or der or direction, which is r equired by these Rules, is to be signed by on behalf of a nd under the direction of the Contr olling Authority by a ny subordinate officer appointed in writing for this purpose by the Controlling Author ity. 18. Register:- (1) The Controlling Authority shall maintain a register of the proceedings of every a pplication. (2) The register shall clearly show the cou rse and progress of the proceedings from the beginning till the end in chr onological order. It shall show in concise form the progress of the proceedings from day to day. T he reasons for every adjournment sha ll also be sta ted therein. T he register shall be maintained in complete or concise histor y of the case and of a ll proceedings taken in it shall conta in a correct list and description of the exhibits, the da te of delivery of the order, the- 6 - Ex-309/2016 date of signing of the order and of any application for review or for amendment of the order. It shall show in chronologica l order all proceedings subsequent to passing of the order, if any, and also contain a note of other proceedings, such as Commissioner ’s Report, if any. (3) The register shall be maintained on day to day basis as an original document by the Court C lerk or clerk on duty. Entries other than those made at the time of institution of the proceedings shall normally be signed by the Controlling Author ity. (4) Every document admitted in evidence and exhibited shall be mentioned in the register in chronological order. The description of the documents, the date of the documents, shall also be mentioned in the register. At the end of the register on each case, the Cou rt Cler k concerned shall make a note that all stamps have been punched and shall sign on that note. 19. Direction for payment of gratuity:-If a finding is recorded under sub rule (4) of Rule 13 that the applicant is entitled to payment of gratuity under the Act, the Controlling Authority shall issue a notice to the employer concer ned inForm “R”specifying the amount payable and directing payment thereof to the applicant under intimation to the Controlling Authority within thirty days fr om the date of r eceipt of the notice by the employer. A copy of the notice shall be endorsed to the applicant employee, nominee or legal heir, as the c ase may be. 20. Appeal:- (1) The Memorandum of Appeal under sub-section (7) of Section 7 of the Act shall be submitted to the Appellate Authority with a copy thereof to the opposite party and the Controlling Authority either through delivery in person or under registered post acknowledgement due. (2) The Memorandum of Appeal shall contain the fact s of the case, the decision of the Controlling Authority, the grounds of appeal and the relief sought. (3) There shall be appended to the Memorandum of Appeal a certified copy of the finding of the Controlling Authority and direction for payment of gratuity. (4) On r eceipt of the copy of Memorandum of Appeal, the Controlling Authority shall for ward records of the case to the Appellate Author ity. (5) Within 14 da ys of the receipt of the copy of the Memorandum of Appeal, the opp osite party shall submit his comments on each paragraph of the memora ndum with addit ional plea, if any, to t he Appellate Authorit y with a copy to the appellant. (6) The Appellate Authority shall record its decision after giving the parties to the appeal a reasonable opportunity of being heard. A copy of the decision shall be given to the parties to the appeal and a copy thereof sha ll be sent to the Controlling Author ity with his records of the case. (7) The Controlling Aut hority shall on receipt of the decision of the Appellate Aut hority, make necessar y entry in the records of the case maintained inForm “Q”under sub-rule (1) of Rule 17. (8) On r eceipt of the decision of the appellate authority, the Controlling Aut hority shall, if required under that decision, modify his direction for payment of gratuit y and is sue a notice to the employer concerned inForm “S”specifying the modified amount payable and directing payment to t he applicant, under int imation to Controlling Author ity, within fifteen days of the receipt of the notice by the employer. A copy of the notice shall be endorsed to the a pplicant employee, nominee or legal heir, as the case may be and to the appellate author ity. 21. Application for recovery of gratuity:-Wher e an employer fails to pay the gratuity due under the Act in accordance with the notice by the Contr olling Authorit y under Rule 19 or Rule 20, as the case may be, the employee concerned, his nominee or legal heirs, as the case ma y be, to whom gratuit y is paya ble, ma y apply to the Controlling Authority in duplicate inForm “T”for r ecovery thereof under Section 8 of the Act.- 7 -Ex-309/2016 22. Display of Abstract of the Act and Rules:-The employer shall displa y an a bstract of the Act and the rules made there under in Englis h and in the language understood by the majority of the employees a t the conspicuous pla ce at or near the main entra nce of the est ablishment. 23. Certified Copies:- (1) Any person desiring to obt ain cer tified copies of any records including an order, decision of a Controlling Authority/Appellate Authority, may make an application in writing to the Controlling Authority/Appellate Authority for such cer tified copy. (2) On receipt of such applica tion and on pa yment of fees for cop ying a document at the rate of 10 rupees per hundred words or fract ion thereof, a certified copy of the document shall be supplied by the Controlling Author ity/ Appellate Author ity. (3) Urgent Certified copies of the document shall be supplied on payment of one and half times the fees payable under Sub rule (2) of Rule 23. (4) No copy of such document shall be granted which are in natur e of notes recorded by the Court for its own use or of any exhibit or document which the Court may consider to be confidential.- 8 - Ex-309/2016 FORM-A [See sub-rule (1) of Rule 3] Notice of Opening 1.Name and Addr ess of establishment …………………………………………………………………….………………………………. 2.Name and Designation of t he Employer ……………………………………………………………….……………………………………. 3.Number of p ersons employed \ …………………………………………………………………..…………………………………. 4.Maximum number of persons employed on any day dur ing the preceding twelve months with date .……………………………………………………………………………………………………. 5.Number of employees covered by the Act ……………………………………………………………………………………………………. 6.Nature of Industry ……………………………………………………………………………………………………. 7.Whether Seasonal ……………………………………………………………………………………………………. 8.Date of opening ……………………………………………………………………………………………………. 9.Details of Head Office-Branches:- (a) Name and address of the Head Office …………………………………………………………………………….No. of employees (b) Name and addresses of other Branches in India 1. 2. 3. I verify that the informa tion fu rnished above is true to the best of my knowledge and belief. Place : ………………….. Date : …………………... ….....…………………… Signature of the employer, with name and designa tion To, The Controlling Authority, ………………………………… ………………………………….- 9 -Ex-309/2016 FORM B [See sub-rule (2) of Rule 3] Notice of Change Name and address of the establishment:…………………………………………………......................... Take notice that following changes have taken place with effect from ………………….in the particulars furnished by me in notice, dated.. ..... on Form “ A”:- Name :……………………………………………………………………………………………... Address:…………………………………………………………………………………………… Name of Employer:……………………………………………………………………………… Name of Business:………………………………………………………………………………. Place:……………………………………… Date:………………………………………. Signature of Employer with name and designa tion To The Controlling Authority ……………………………….. ……………………………….. FORM C [See sub-rule (3) of Rule 3] Notice of Closure Take notice that it is intended to clos e down the est ablishment wit h effect from …………………………… The other details are furnished:- 1.Name and address of the establishment ………………………………………………………………………………………………… 2.Name and address of the Head Office, if any ………………………………………………………………………………………………… 3.Name and designation of t he employer ………………………………………………………………………………………………….. 4.Number of persons in employment …………………………………………………………………………………………………. 5.Number of employees entitled to gratuity ………………………………………………………………………………………………… 6.Amount of gratuity involved ………………………………………………………………………………………………….. Signature of the employer with name and designa tion- 10 - Ex-309/2016 FORM D [See sub-rule (1) of Rule 5] Notice of excluding husband from Duality 1.Name of the female employee: 2.Name or description of establishment where employed: 3.Post held with ticket or serial No, If any: 4.Department/Br anch/Section where employed: 5.Permanent address: Take notice that I Shrimati …………………………………………………………desire to exclude my husband Shri…………………………………………………………..from my family for the purposes of the Payment of Gratuity Act, 1972. Place:……………………………………………. Date:…………………………………………….. Signature/T humb impression of t he employee Declaration by wit ness The above notice was signed/thumb impressed before me. Name in full and address of witness (es)Signature of witness (es) 1.1. 2.2. Place:…………………………………… Date:……………………………………. To The Controlling Authority (T hrough t he employer) (Name and addr ess of the employer here) For use by employer Received and recor ded in t his est ablishment. Reference No:……………………………………... Date:……………………………………………….. Signature of the employer or an officer authorized in this behalf by the employer To 1.(Employee) 2.The Controlling Authority. Note:-Strike out the wor ds not applica ble.- 11 -Ex-309/2016 FORM E [See sub-rule (2) of Rule 5] Notice of withdr awal of notice for excluding husba nd fr om fa mily 1.Name of the female employee 2.Name or description of est ablishment where employed 3.Post held with Ticket or Serial number, if any 4.Depar tment/Bra nch/Section where employed 5.P er ma nent a ddr es s Take notice that I, Shrimati ….....……………………………………………hereby withdraw the notice dated…………………. whereby I excluded by husband Shri………………………………………. from my family for the pur poses of the Payment of Gratuity Act, 1972. The ea rlier notice was recorded under your reference No………………………….. dated……………………………….. Place:………………………………………… Date:…………………………………………. Signature/T humb impression of t he employee DECLARATION BY WITNESS The above notice of withdra wal was signed/thumb impressed before me. Name in full and full addr ess of witness (es)Signature of witness (es) 1.1. 2.2. Place:………………………………………… Date:…………………………………………. To The Controlling Authority (T hrough t he employer) (Name and address of the employer) FOR USE BY THE EMPLOYER Received and recor ded in this establishment Reference No:…………………………………………………….. Signature of the employer or Officer author ized Seal or rub ber st amp of the est ablishment Date:………………………………………. To 1.(Employee) 2.The Controlling Authority. Note:- Str ike out the words not applicable- 12 - Ex-309/2016 FORM F [See sub-rule (1) of Rule 6] Nomination To (give here name or description of the establishment with full addr ess) 1.Shri/Shrimati/Kumari…………………………………..(name in full here) whose particulars are given in t he statement below hereby nominate the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable, or having become paya ble has not been paid and direct that the sa id amount of gratuity shall be paid in proportion indicated a gainst name(s) of the nominee(s). 2.I hereby cer tify that the person(s ) mentioned is/are member(s) of my fa mily within the meaning of Clause (h) of Section 2 of the Payment of Gratuity Act, 1972. 3.I hereby declare that I ha ve no family within t he meaning of Clause (h) of S ection 2 of the said Act. 4.(a) My father/mother/parent is/are not dependent on me. (b) My husband’s fa ther/mother/pa rents is/are not dependent on my husband. 5.I ha ve excluded my husband from my family by a notice, dated the…………………to the Controlling Authority in terms of the proviso t o Clause (h) of Section 2 of the said Act. 6.Nomination made herein invalidate my pr evious nomination. NOMINEE(S) Name in full with fullRelationship withAge of nominee Proportion by which the addr ess of nominee(s)the employeegratuity will to be shared 1234 1 2 3 so on STATEMENT 1.Name of employee in full………………………………….....................………………………….. 2.Sex…………………………………………………………………………………………............ 3.Religion……………………………………………………………………………………............. 4.Whether unmarried/married/widow/widower…………………………………............................... 5.Department/Branch/Section where employed………………………………….............................. 6.Post held with Ticket or Serial No, If any………………………………………….......................... 7.Date of appointment…………………………………………………………………….................. 8.Permanent address………………………………………………………………………................ Signature/T humb impression of t he employees Place:………………………………… Date:………………………………….- 13 -Ex-309/2016 DECLARATION BY WITNESS(ES) Nomination signed/thumb impressed befor e me Name in full and full addr ess of witness (es)Signature of witness (es) 1.1. 2.2. CERTIFICATE BY THE EMPLOYER Certified that the particulars of the above nomination have been verified and recorded in this establishment. Employer’s Reference No, if any…………………………………………….............………………….. Signature of the employer/ Officer Author ised Designation Name and address of the establishment or rubber sta mp thereof Date:…………………………………… ACKNOWLEDGEMENT BY THE EMPLOYEE Received the duplicate copy of nomination in Form F filed by me and duly certified by the Signa ture of t he employee. Place:…………………………….. Note:-Strike out the words /paragraph not applica ble.- 14 - Ex-309/2016 FORM G [See sub-rule (3) of Rule 6] FRESH NOMINATION To (Give here name or description of the establishment with full addr ess) I, Shri/Shrimati .......................................................................(name in full here) whose particulars are given in the statement below, have acquired a family wit hin the meaning of Clause(h) of Section 2 of the Payment of Gratuity Act,1972 ..................with effect from the…………………….(date here)………………………in the manner indicated below and therefore nominate afresh the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death b efore that amount has become payable, or ha ving become paya ble has not been paid and direct that the said amount of gr atuity shall be paid in propor tion indicated against the name(s) of the nominee(s). 2.I hereby certify the person(s) nominated is/ar e member(s) of my family within the meaning of Clause (h) of Section 2 of t he said Act. 3.(a) My father/mother/parents is/are not dependent on me. (b) My husband’s father/mother/parents are not dependent on my husband. 4.I have excluded my husband from my family by a notice dated the………………………… to the Controlling Authority in t erms of the pr oviso to clause(h) of Section 2 of the said Act. NOMINEE(S) Sl.NoName in full withRelationship with Age of nomineeProportion by which full address of nominee(s)the employeethe gratuity will be shared 12345 1. 2. 3. MANNER OF ACQUIRING A “FAMILY” (Here give details as to how a family was acquired, i.e. whether by marriage or parents being rendered dependent or thr ough other process like adoption) STATEMENT 1.Name of employee in full……………………………………………………………………........... 2.Sex……………………………………………………………………………………………….... 3.Religion…………………………………………………………………………………………..... 4.Whether unmarried/married/widow/widower………………………………………......................... 5.Department/Branch/Section where employed………………………………………....................... 6.Post held with Ticket or Serial no, if any………………………………………………...................... 7.Date of appointment………………………………………………………………………….......... 8.Permanent address…………………………………………………………………………..............- 15 -Ex-309/2016 Village/Post Office……………………………………………………………………………….............. District………………………………………………………………………………………………......... Sub-division........................................................................................................................................ State……………………………………………………………………………….................................. Signature/T humb impression of t he employee Place:……………………………………. Date:…………………………………….. DECLARATION BY WITNESSES Fresh Nomination signed/thumb impressed before me. Name in full and full address of witnesses.Signature of witnesses 1.1. 2.2. Certified that the particulars of the above nomination have been verified and recor ded in this est ablishment. Employer ’s Reference No, if any……………………………………………………………… Signa ture of the employer/ offic er authorized Designation Name and address of the est ablishment or r ubber s tamp thereof ACKNOWLEDGMENT BY THE EMPLOYEE Received my duplicate copy of the nomination in Form…………………. filed by me on…………………….duly certified by the employer. Date:………………………………. Signa ture of the employee Note:-Strike out words and paragr aphs not applica ble.- 16 - Ex-309/2016 FORM H [See sub-rule (4) of Rule 6] MODIFICATION OF NOMINATION To (Give here name or description of the establishment with full addr ess) I, Shr/Shrimati/Kumari……………………………………………………………(Name in full here) whose particulars are given in the sta tement below, hereby give notice that the nomination filed by me on... .... (date) and recorded under your reference No………………………………..dated....... and recorded under your reference No…………………….dated……………………shall stand modified in the following ma nner:— (Here give details of the modifications intended) 1.Name of employee in full……………………………………………………………………........... 2.Sex……………………………………………………………………………………………….... 3.Religion…………………………………………………………………………………………..... 4.Whether unmarried/married/widow/widower………………………………………....................... 5.Department/Branch/Section where employed………………………………………...................... 6.Post held with Ticket No or Serial No, if any……………………………………………................ 7.Date of appointment…………………………………………………………………………............. 8.Address in full…………………………………………………………………………………......... Place:……………………………………………… Date:………………………………………………. Signature/T humb impression of t he employee DECLARATION OF WITNESSES Modification of nomination signed/thumb impressed before me. Name in full and full address of witnessSignature of wit ness 1.1. 2.2. Place:…………………………………….. Date:………………………………………- 17 -Ex-309/2016 CERTIFICATE BY THE EMPLOYER Certified that the above modification has been recorded. Employer ’s refer ence No……………………………………………., if any. Signa ture of the Employer/ Officer Aut horised Designation Name and address of the establishment or rubber stamp thereof ACKNOWLEDGEMENT BY THE EMPLOYER Received the duplicate copy of the notice for modification in Form H filed by me on…………………….duly certified by the employer. Dated……………………… Signa ture of the employer FORM I [See sub-rule (1) of Rule 7] APP LICATION FOR GRAT UITY BY AN EMPLOYEE To, (Give here name or description of the establishment with full addr ess) To, Shri / Gentlemen, I beg to apply for payment of gra tuity to which I am entitled under sub-section (1) of Section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/r etirement/resignation after completion of not less tha n five years of continuous service/total disablement due to accident/total disablement due to diseases with effect from…………….. T he necessary pa rticula rs to my appointment in the establishment are given in the statement below:- Statement 1.Name in full……………………………………………………………………………………........ 2.Address in full……………………………………………………………………………….............. 3.Department/Branch/Section where last employed…………………………………........................ 4.Post held with Ticket No. or Serial No, if any………………………………………….................... 5.Date of appointment………………………………………………………………………….......... 6.Date and cause of termination of service………………………………………………..................- 18 - Ex-309/2016 7.Total period of service………………………………………………………………………............ 8.Amount of wages last drawn………………………………………………………………............ 9.Amount of gratuity claimed………………………………………………………………. 2.I wa s render ed tota lly disable as a result of (her e give the details of the disease or accident) The evidence/witness es of my total/disablement are as follows: (here give details) 3.Payment may please be made in ca sh/open or cr ossed bank cheque. 4.As the amount of gr atuity payable is less than Rupees one thou sand, I shall request you to arrange for payment of the sum due to me by postal money order at the address mentioned above aft er deducting postal money-order commission therefrom. Yours faithfully, Signature/thumb impression of the applicant employee. Place:………………………………….. Date:…………………………………… Note:-(1) Strike out the words not applicable (2) Strike out paragraph or paragraphs not applicable FORM J [See sub-rule (2) of Rule 7] Application for gra tuity by a nominee To (Give here the na me or des cription of the establishment with full address) Sir/Gentlemen I beg to apply for payment of gra tuity to which I am entitled under sub-section (1) of Section 4 of the Payment of Gratuit y Act, 1972 as a nominee of late (na me of the employee) who was a n employee of your establishment and died on the……………………………… The gratuity is payable on account of the death of t he afor esa id employee while in service / superannuation of the a foresaid employee on............................................................ retirement or resignation of the aforesaid employee on ............................................... after completion of......... years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from the........................ Necessary particulars relating to my claim a re given in the statement below:- STATEMENT 1.Name of applicant nominee……………………………………………………………….............. 2.Address in full of the applicant nominee………………………………………………................... 3.Marital status of the applicant nominee………………………………………………..................... (Unmarr ied/mar ried/ widow/widower) 4.Name in full of the employee……………………………………………………………….............. 5.Marital status of employee………………………………………………………………….............. 6.Relationship of the nominee with the employee………………………………………......................... 7.Total period of service of the employee……………………………………………….......................- 19 -Ex-309/2016 8.Date of appointment of the employee............................................................................................ 9.Date and cause of termination of service of the employee………………………............................ 10. Department/Branch/Section where the employee last worked………………….............................. 11. Post last held by the employee with Ticket or Serial No., If any…………………............................ 12. Total wages last drawn by the employee………………………………………………....................... 13. Date of death and evidence/witness as proof of death of the employee………............................... 14. Reference No. of recorded nomination, if available…………………………………......................... 15. Total gratuity payable to the employee………………………………………………........................ 16. Share of gratuity claimed………………………………………………………………...................... 2.I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge a nd belief. 3.Payment may please be made in ca sh/crossed or open bank cheque. 4.As the amount payable is less than Rupees one thousand, I shall request you to arrange payment of the sum due to me by postal money-order at the address mentioned above after deducting postal money-order commission therefrom. Yours faithfully Place:…………………………… Date:……………………………. Signature/T humb impression of a pplica nt nominee Note:-(1) Strike out the wor ds not applica ble. (2) Strike out the para graph or paragra phs not applica ble. FORM K [See sub-rule (3) of Rule 7] APPLICATION FOR GRATUITY BY A LEGAL HEIR To (Give here the name or description of the establishment with full addr ess) Sir /Gentlemen I beg to apply for payment of gra tuity to which I am entitled under sub-section (l) of Section 4 of the Payment of Gratuity Act, 1972 as legal heir of late…………………….. (Name of the employee) who was an employee of your establishment and died on the………… without making nomination. The gratuit y is paya ble on account of the death of the aforesa id employee while in service/ supera nnuation of the aforesaid employee on the... ..... r etirement or r esignation of the aforesaid employee on the…………………………..after completion of …………………… year of service / total disablement of the employee due to accident or disease while in service with effect from the……………… Necessary particulars relating to my claim a re given in the statement below:-- 20 - Ex-309/2016 STATEMENT 1.Name of applicant’s legal heir ……………………………………………………………............... 2.Address in full of applicant’s legal heir………………………………………………….................. (u nmar ried/ma rried/widow/widower) 3.Name in full of the employee……………………………………………………………................. 4.Relationship of the applicant with the employee………………………………………....................... 5.Religion of both the applicant and the employee………………………………………..................... 6.Date of appointment and total period of service of the employee…………………........................... 7.Department/Branch/Section where the employee worked last…………………................................ 8.Post last held by the employee with Ticket or Serial No., If any…………………............................. 9.Total wages last drawn by the employee……………………………………………...................... 10. Date and cause of termination of service of the employee (death or otherwise) ............................ 11. Date of death of the employee and evidence/witness in support thereof……….............................. 12. Total gratuity payable to the employee………………………………………………….................... 13. Percentage of the gratuity claimed……………………………………………………….................. 14. Basis of the claim and evidence/witness in support thereof………………………........................... 2.I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge a nd belief. 3.Payment may please be made in ca sh/open or cr ossed bank cheque. 4.As t he amount payable is less than Rupees one thousand, I shall request you to arrange for payment of the sum due to me by postal money-order at the address mentioned above aft er deducting postal money-order commission therefrom. Yours faithfully Signature/T humb impression of applicant legal heir. Place:……………………………………. Date:……………………………………. Note:- Strike out the words not applica ble. FORM L [See clause (i) of sub-rule (1) of Rule 8] Notice for Payment of Gratuity 1. To, (Name and a ddress of the applica nt employee/nominee/legal heir.) You are hereby informed as required under Clause (i) of Sub – Rule (1) of Rule 8 of the Payment of Gratuity (Mizoram) Rules, 2015 that a sum of Rs……………………. (Rupees……………………) is payable to you as gratuity/as your share of gratuity in terms of nomination made by…………………..on...... and...... recorded in this………………………as a legal heir of……………………….., an employee of this establishment.- 21 -Ex-309/2016 2.Please call at……………………….(Here specify place) on ……………………… (date) at...... (time) for collecting your payment in ca sh/open or crossed cheque. 3.Amount payable shall be sent to you by Postal Money Order at the address given in your applica tion after deducting the postal money order commission as desired by you. BRIEF STATEMENT OF CALCULATION 1.Tota l period of service of the employee concerned:..... ....... year…………………months. 2.Wages last dr awn. 3.Proportion of the admissible gra tuity/payable in terms of nomination as a legal heir. 4.Amount Paya ble: Place:………………………………….. Date:…………………………………… Signature of the employer/Authorised officer Name or description of esta blishment or rubb er stamp ther eof. Copy to the Controlling Authority Note:-Strike out the wor ds not applicable FORM M [See clause (ii) of sub-rule (1) of Rule 8] Notice rejecting claim for payment of Gratuity To, (Name and a ddress of the applica nt employee/nominee/legal heir) You are herby infor med as required under clause (ii) of sub-Rule (1) of Rule 8 of the Payment of Gratuity (Mizoram) Rules, 2015 that your claim for pa yment of gratuity as indicated on your application in form…………………………..under the said Rule is not admissible for the reasons stated below. Reasons (Her e specify the reas ons) Place:…………………………………………… Date:……………………………………………. Signature of the employer/Authorised Officer Name or description of esta blishment or rubber stamp thereof. Copy to the Contr olling Author ity. Note:-Strike out the wor ds not applica ble.- 22 - Ex-309/2016 FORM N [See sub-rule (1) of Rule 10] Application for direction Before the Controlling Authority under the Payment of Gratuit y Act, 1972 Application No………………………………………Date………………………… Between (Name in fu ll of the applicant with fu ll address) And (Name in full of the employer concerned with fu ll addr ess) 1.The applica nt is a n employee of the above mentioned employer /nominee of late………………………………………….., an employee of the above mentioned employer and is entitled to payment of gr atuity under S ection 4 of the Payment of Gratuity Act, 1972, on account of his own/aforesa id employee’s superannuation on. .. ... or his own r etirement /a for esaid employees resignation on………………………………………………...date….………………after completion of…………………..years of continuous service / his own / afor esaid employee’s total disablement with effect from………………………..due to accident/diseases/death of the aforesaid employee on.......dated...... 2.The applicant submitted an application under rule…….. of the Payment of Gratuity (Mizoram) Rules, 2015 on the……….. but the above mentioned employer refused to entertain it/issued a notice dated the………………..under clause………………………………………………………………………………………of sub- rule of…………………………………..….Rule………………………….offering an amount of gratuity which is less than due/issued a notice dated the ………………………….….under clause………………of sub-rule…………………..of Rule…………………………………rejecting my eligibility to payment of gratuity. The Duplicate copy of the said notice is enclosed. 3.The applicant submits that there is a dispute on the matter (specify the dispute). 4.The applicant furnishes the necessary pa rticulars in the annexu re hereto a nd prays tha t the Contr olling Authority may be pleased to deter mine the amount of gr atuity payable to the petitioner and direct the above mentioned employer to pay the same to the petitioner. 5.The applica nt declares tha t the particulars fur nished in the annexur e thereto are true and correct to the best of his knowledge and belief. Date:………………………………. Signature of the applicant/ thumb impression of the applicant Annexure 1.Name in full of applicant with full address. 2.Basis of claim (Death/Superannuation/Retirement/resignation/ Disablement of employee). 3.Name and address in full of the employee. 4.Marital sta tus of the employee (unmarried/marr ied/widow/widower)- 23 -Ex-309/2016 5.Name and address in full of the employer. 6.Depa rtment/Branch/S ection where the employee was last employed (if known) 7.Post held by the employee with t icket and serial No. If any (if known) 8.Date of appointment of the employee (if known) 9.Date and ca use of termina tion of service of t he employee (supera nnua tion/ retirement/resignation/disablement/death) 10. Tota l period of service by t he employee. 11. Wages last drawn by the employee 12. If the employee is dead, da te and cause thereof 13. Evidence/witness in suppor t of death of t he employee 14. If a nominee, No. and date of recording of nomination with the employer 15. Evidence/witness in suppor t of being a legal heir, if a legal heir 16. Tota l gratuity payable to the employee (if known) 17. Percentage of gratuity pa yable to the a pplicant as a nominee/legal heir 18. Amount of gratuity claimed by the applicant. Place:…………………………………… Date:……………………………………. Signature/T humb impression of t he applicant Note:-Strike out the wor ds not applicable FORM O [See sub-rule (1) of Rule 13] Notice for appearance before the controlling authority Fr om: The Controlling Authority of the Pa yment of Gratuity Act, 1972 To (Name and Address of employer/applicant) Whereas Shri…………………………………………………………………………an employee under you/a nominee(s)/legal heir (s) of applica tion under sub-rule (1) of Rule 10 of the P ayment of Gratuity (Mizoram) Rules, 2015 alleging that………………………………………………………………………………………….. (A copy of the said applicant is enclosed) Now, therefor e, you are hereby ca lled upon to a ppear before me a t (P lace) either persona lly or through a person duly authorized in this behalf for the purpose of answering a ll material questions relating to the application on ……………………… day of 20 ………………….. at …………………….. O’ clock in the forenoon/afternoon in support of/to answer the allega tion; a nd as the day fixed for your appear ance is a ppointed for final disposal for the a pplication, you must be prepa red to produce on that day all the- 24 - Ex-309/2016 witnesses upon whose evidence, and the documents upon which you intend to rely in support of your allegation/defence. Take notice that in default of your appearance on the day before mentioned, the a pplication will be dismissed/heard and determined in your absence. Given under my hand seal, this………………………day of…………..20…….. Controlling Authority. Note:- S trike out the words and paragra phs not applica ble. FORM P (See Rule 15) Su mmons Before the Controlling Authority under the payment of Gratuit y Act, 1972 To (Name and Address) Wher eas your attendance is required to give evidence / you are r equired to produce the documents mentioned in the list below, on behalf of………………………………………..in the case arising out of the claim for gratuity by………………..from ………………………. and referred to this Authority by an application under Section 7 of the Payment of Gratuity Act, 1972, you are herby summoned to appear personally before this authority on the day………………..20……………….at………………………………………O’ clock in the forenoon/afternoon and br ing with you (or send to this Authority) the said documents. List of Documents 1. 2. 3. So on Controlling Authority Dated This……………………………….....................……..Day of……….........……….20…………. Note:- 1.The portion not a pplicable to b e deleted. 2.The summons shall be issued in duplicate. The duplicate is to be signed and returned by the pers on served before the da te fixed. 3.In case the summons is issued only for producing a document a nd not to give evidence, it will be sufficient compliance to the summons if the documents are ca used to be produced before the controlling authority on the da ys and hour fixed for the purpose.- 25 -Ex-309/2016 FORM Q [See sub-rule (1) of Rule 17] Pa rticula rs of a pplication under Section 7 1.Seria l No. 2.Date of the application. 3.Name and address of the applicant. 4.Name and addr ess of the employer. 5.Amount of gratuit y claimed. 6.Dates of hear ing. 7.Findings with date. 8.Amount a warded. 9.Cost, if any, awar ded. 10. Date of Notice issued for payment of gratuity 11. Date of appeal, if any. 12. Decision of the appellate author ity. 13. Date of issue of Final Notice for payment of gratuity. 14. Date of payment of gratuity by employer with mode of payment. 15. Date of Receipt of application for recovery of gratuity. 16. Date of Issue of recovery Certificate. 17. Da te of R ecovery. 18. Other r ema rks. 19. Signed. 20. D a t e FORM R (See Rule 19) Notice for Payment of Gratuity To (Name and a ddress of employer) Whereas Shri/Smt/Kumari………………………………………. of……………........................ (address)……………..………………….an employee under you nominee(s) of late .... ………….an employee under you, filed an application under section 7 of the Payment of Gr atuityAct, 1972 before me; And whereas the application was heard in your presence on and a fter the hearing I have cometo the finding that the said Shri/Smt/Kumari ........................... is entitled to a payment of Rs…………………… as gratuity under the Payment of Gratuity Act, 1972; Now, therefore, I hereby direct you to pay the said sum of Rs……………to Shri/Smt/Kumari ........................................... within thirty days of the receipt of this notice with intimation thereof to me. Given under my hand and seal, this……………………day of……………20…… Copy to:Controlling Authority (Applicant under rule…………………………) He is advised to contact the employer for collecting payment Note:-The portion not a pplicable to be deleted.- 26 - Ex-309/2016 FORM S [See sub-rule (8) of Rule 20] Notice for Payment of Gratuity as determined by Appellate Authority To (Name and a ddress of employer) Whereas a notice was given to you on in Form “R” requiring you to make a payment of Rs.…………………to Shri/Smt/Kumari……………………………………. as gratuity under the Payment of Gratuity Act,1972; Wher eas you/the applicant went in appeal before the Appellate Authorit y, who has decided tha t an amount of Rs………………………………. due to be paid to Shri/Smt/ Kumari………………………………………………………………………………… as gratuity due under the Pa yment of Gratuity Act,1972; Now, therefore I hereby direct you to pay the said sum of Rs…………….. to Shri/Smt/ Kumari……………………………………………………………………………. within 30 days of the receipt of this notice with an intimation t hereof to me Given under my hand and seal, this day of……………………………..20………… Controlling Authority Copy to: 1.The Applicant He is advised to contact the employer for collect ing payment. 2.The appellate Authority Note:- T he portion not applica ble to be deleted. FORM T [See Rule 21] Application for recovery of gratuity Before the Controlling Authority under the Payment of Gratuity Application No…………………………………………….Date…………………. Between (Name in full of t he applicant with addr ess) And (Name in full of the employee with full addr ess) The applica nt is an employee of the above mentioned employer/a nominee of late………………….. an employee of the above mentioned employer/ a legal heir of late……………..- 27 -Ex-309/2016 an employee of the above mentioned employer, and you were pleased to direct the said employer in your notice dated there under rule ……………………..of the Payment of Gratuity Act, 1972. 2.The applica nt submits that the sa id employer fa iled to pay the said amount of gratuity to me directed by you although I a pproached him for payment. 3.The applica nt therefore pr ays as that a certificate ma y be issued under Section 7 of the said Act for recovery of the said sum of Rs…………………………due as gr atuity in terms of your direction. Place:………………………………… Date:…………………………………. Signature/Thumb impression of the applicant Note:-Strike out the words not applica ble. FORM U [See sub-rule (7) of Rule 11] List of documents produced and tendered in evidence Sl.NoExhibit No.Deta ils of t he DocumentRemarks 1234Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 28 - Ex-309/2016

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. A. 49012/1/2013-LE&IT, the 23rd August, 2016.In exercise of the power conferred by section 38 of the Industrial Disputes Act , 1947 the Governor of Mizora m is pleased to make t he following Rules, namely the Mizoram Industr ial Disputes Rules, 2015. They shall come into for ce with effect from the date of publication in the Government Gazette. Benjamina, Commr. & Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt. THE MIZORAM INDUSTRIAL DISPUTES RULES, 2015Preliminary 1 . S hor t title, extent a nd commencement:- (1) These Rules may be called The Mizoram Industrial Disputes Rules, 2015. (2) It may extend to the whole State of Mizoram. (3) It shall come into force on the date of publication in the Official Gazette. 2 . Definitions:- In these Rules unless there is anything repu gnant in the subject or context – (a) “Act” means the Industrial Disputes Act, 1947 (14 of 1947); (b) “Cha irman” means the Chair man of a Board or Court or, if the Court consists of one person only, such person; (c ) “Committee” means a Works Committee constituted under the sub-section (1) of section 3 of the Act; (d) “For m” means a form in the Schedule appended to these Rules. ( e) “Government” means Government of Mizoram. (f) “Section” means a section of the Act. (g) “Sta te” means the State of Mizora m. In relation to industrial disputes in a S tate, for which the appr opriate Gover nment is the State Government of Mizoram, reference to the State Government shall be construed as a reference to the Adminis trator of the State and reference to the La bour Commissioner, Deputy Labour Commissioner/ Assistant Labour Commissioner shall be VOL - XLV Aizawl, Thursday 1.9.2016 Bhadrapada 10, S.E. 1938, Issue No. 310 - 2 - Ex-310/2016 construed as reference to the appropriate authority, appointed in that behalf by the Administrator of t he Sta te. (h) The words and expressions defined in these Rules but defined in the Act shall ha ve the same meaning as defined in the Act. (i)With reference to clause (g) of Section 2, it is hereby prescribed that :– (i)in relation to an industry, not being an industry with reference to in sub- clause (ii) carried on by or under the authority of a Department of the Central or a State Government, the officer -in-char ge of the industrial establishment shall be the “employer” in respect of that establishment; and (ii) in r elation to an industry concerning railways, carried on by or under the authority of a Depa rtment of the Central Government- (a ) In the case of establishments of a Zonal R ailways, the General Ma nager of the Railway shall be the “employer” in respect of regular Railway Servants other than casual labour. (b) In the case of an establishment independent of a Zonal Railwa y, the Officer-in- char ge of that esta blishment shall be the “employer” in respect of regular Railway Servants other than casual labour; and (c ) The District Officer in cha rge or the Divisional Personnel Officer or the Personnel Officer shall be the “employer” in respect of casual labour employed on Zonal railway esta blishment independent of a Zonal Railway. PART – I PROCEDURE FOR REFERENCE OF INDUST RIAL DISPUTES TO BOARDS OF CONCILIATION, COURTS OF ENQUIRY, LABOUR COURTS, INDUSTRIAL TRIBUNALS. 3 . Application:- An application under sub-Section (2) of section 10 for the reference of an industrial dispute to a Board, Court, Labour Court or Tribunal shall be made in Form A and shall be delivered personally or forwarded by registered posts to the Labour Commissioner, the Deputy Labour Commissioner/Assistant La bour Commissioner concerned. The application shall be accompanied by a statement setting forth- (a ) The parties to the dispu tes; (b) The s pecific matters in dispu tes; (c ) The total number of workmen employed in the undertaking affected; (d) An estimate of the number of workmen affected or likely to be affected by the disputes; and ( e) The effor ts made by the pa rties t hemselves to a djust the dispu tes. 4 . Attestation of application:-The application and the statement accompa nying it shall be signed – (a ) In t he case of an employer, by the employer himself, or when the employer is an incorpor ated compa ny or other body cor por ate by the agent, ma nager or other pr incipa l officer of t he Corporation; (b) In the case of wor kmen, either by the President and Secretary of a Trade Union of the workmen or by five representatives of the workmen duly author ized in this behalf a t a meeting of the workmen held for the purpose; (c ) In the case of an individua l workman, by the workman himself or by any officer of the Trade Union of which he is a member or by another workman in the same establishment duly authorized by him in t his behalf; Provided that such workma n is not a member of a different Trade Union. 5 . Notification of appointment of Board, Court, Labour Court or Tribunal:- The appoint ment of a Board, Court, Labour Court or Tribunal together with the names of persons cons tituting the Board, Court, Labour Cour t or Tr ibunal shall be notified in the Official Gazette. 6 . Notice to parties to nominate representatives:- (1) If the state Gover nment p roposes to appoint a Board, it shall send a notice in Form B to the parties requiring them to nomina te within a reasonable time persons to represent them on the Boar d. (2) The notice to the employer shall be sent to the employer personally, or if the employer is an incorporated compa ny or a body corporate to the agent, manager or other pr incipal officer of such company or body. (3) In the case of workmen who are not members of a Trade Union, to any one of the five repr esentatives of the workmen who have attested the application made under Rule 3; and in this case a copy of the notice shall a lso be sent to the employer who shall dis play copies thereof on notice boards in a conspicuous manner at the main entrance of t he premises of the establishment. PART – II 7 . Arbitration Agreement:-An arbitration agreement for the r eference of an industr ial dis pute to an arbit rator or arbitr ators shall be made in Form C and shall be deliver ed personally or forwarded by r egistered posts to the Labour Commissioner, the Deputy Labour Commissioner/Assistant La bour Commissioner. The agreement shall be accompanied by the consent, in wr iting of the ar bitrator or arbitrators. 8 . (1) Attesta tion of the ar bitr ation a gr eement:- The arbitration agreement shall be signed: (a ) In t he case of an employer, by the employer himself, or when the employer is an incorpor ated Company or other body corpor ate by the agent, mana ger or other principa l officer of the corporation. (b) In t he case of the workmen, by any officer of t he Trade Union of the workmen or by five repr esentatives of the wor kmen duly authorized in this behalf a t a meeting of the wor kmen held for the purpose. (c ) In the case of an individu al workman, by the workman himself or by any officer of a Trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf: Provided that such workma n is not a member of a different Trade Union. Explanation:- In this Rule, “Officer” mea ns one of the following officers, namely: (a ) The P resident; (b) T he Vice-P resident ; (c ) The Secretar y (including the General Secreta ry); (d) A Joint Secretary; ( e) Any other officer of the Trade Union author ized in this behalf by the President and the Secretary of t he Union. ( 2 ) Notification regarding arbitration agreement by majority of each party:-Wher e an industrial dispute has been refer red to arbitra tion and the Government of Mizoram is satisfied that the persons making the refer ence represent the ma jority of each party, it shall publish a notification in this behalf in the Official Ga zette for the informa tion of the employers and workmen who are not parties to the arbitra tion agreement but are concerned in the disputes.- 3 -Ex-310/2016 PART – III POWERS, PROCEDURE AND DUTIES OF CONCILIATION OFFICERS, BOARDS, COURTS, LABOUR COURTS, TRIBUNAL AND ARBITRATORS. 9 . Conciliation proceeding in public utility service:- (1) The Conciliation Officer, on receipt of a notice of a strike or lock-out given under Rule 71 or Rule 72, sha ll forthwith arrange t o interview both the employer and the workmen concerned with the disputes a t such places a nd at such time as he may deem fit and shall endeavour to bring about settlement of the dispute in quest ion. (2) Wher e the Concilia tion Officer r eceives no notice of s trike or lock-out under Rule 71 or Rule 72 but he considers it necessary to intervene in the dispute, he may give intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein. 10 . ( 1 ) Conciliation proceedings in non-public utility service:- Where the Conciliation Officer receives any infor mation a bout an existing or a pprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, he shall give formal intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect fr om such date as may be specified therein. (2 ) Parties to submit Statements:-The Employer or the party r epresenting workmen, or in the case of an individual workman himself, involved in an industrial dispute shall forward a statement setting forth the specific matters in disputes to the Conciliation Officer concerned whenever his intervention in the dispute is required. (3 ) Proceeding before the Labour Court or Tribunal:- (a ) While refer ring industria l disputes for adjudication to a Labour Court or Tribunal, the State Government shall direct t he party raising the disputes to file a statement of cla im complete with relevant documents, list of r eliance and witnesses with the Labour Court or Tribunal within fifteen days of the receipt of the order of reference and also forward a copy of such statement t o each one of the opposite parties involved in t he dispute. (b) The Labour Court or Tribunal a fter ascertaining that cop ies of s tatement of claim are furnished to the other side by the party r aising the disputes shall fix the first hearing on a date not beyond one month from the date of receipt of the order of reference and the opposit e party or par ties shall file their wr itten statement together with documents, lis t of reliance a nd witnesses within a period of 15 days from the date of fir st hearing and simulta neously forwar d a copy thereof to the other party. (c ) Wher e the Labour Court or Tribunal, as the case may be, finds that the par ty raising dispute though directed did not for ward the copy of the statement of cla im to the opposite party or parties, it shall give direction to the concer ned par ty to furnish the copy of the statement to the opposite pa rty or parties and for the said purpose or for any other sufficient cause, extend the time-limit for filing the statement under sub-r ule (3)(a) by an additional period of 15 days. (d) The party raising a dispute may submit a rejoinder if it choose to do so, to the written statement(s) by the appr opriate party or parties within a period of fifteen days from the filing of written stat ement by the lat ter. ( e) The Labour Court or Tribunal, as the case may be, shall fix a da te for evidence within one month from the date of receipt of the statements, documents, list of witness es etc. which shall be ordinarily within sixty days of the date on which the dispute was referred for adjudication. (f) Evidence shall be recorded either in court or on affidavit but in the case of affidavit the opposite party shall have the right to cross-examine each of the deponents filing the affida vit. As the oral examination of each witness proceeds, the Labour Court or Tribunal shall make a- 4 - Ex-310/2016 memorandum of the substance of what is being deposed. While r ecording the evidence, the Labour Cour t or Tr ibunal shall follow t he procedure la id down in Rule 5 of order XVIII of the First Schedule to the Code of Civil Procedure, 1908. (g) On completion of evidence, either arguments shall be heard immediately or a da te shall be fixed for a rguments/oral hearing which shall not be beyond a period of fifteen da ys from the close of evidence. (h) The Labour Court or Tribunal, as the case may be, shall not ordinarily gra nt an adjournment for a period exceeding a week at a time but in any case not more than three adjournments in all at the instance of any one of the parties to the disputes. Provided that the Labour Court or Tribunal, as the case may be, for reasons to be recorded in writing, grant an adjournment exceeding a week at a time but in any ca se not more than three adjournments at the instance of any one of t he parties to the dispute. (i) In case any party defaults or fails to appear at any stage, the Labour Court or Tribunal, as the case may be, may pr oceed with the referenceex parte and decide the reference/application in the absence of the defaulting pa rty. Provided that the Labour Court or Tribunal, as the case may be, may on the applica tion of either party filed before the submission of the award revoke the order that the case shall proceed ex parte , if it is satisfied that the absence of the party wa s on justifiable grounds. (j) The Labour Court or Tribunal, as the case may be, shall submit its award to the State Government within one month from the date of oral hearing/ arguments or within t he period mentioned in the or der of reference whichever is earlier. (k) In r espect of Section 2-A, the Labour Court or Tribuna l, as the case may be, shall ordina rily submit its awards within a period of three months. Provided that the Labour Court or Tribunal may as and when necessary extend the period of three months and shall record its reasons in writing to extend the time for submission of t he awar d for a nother specified per iod. 11.The Conciliation Officer may hold a meeting of the representa tives of both parties jointly or of each party separately. 12.The Concilia tion Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit. 1 3 . Place and time of hea ring:- S ubject to the provisions contained in Rules 10 (2) and 10 (3), the sitting of a Board, Court, Labour Court or Tribunal or of an Arbitrator shall be held at such times and places as the Chair man or the Presiding Officer or the Arbitra tor, as the ca se may be, may fix and the Chairman, P residing Officer or Ar bitrator, as the case may be, shall inform the par ties of the same in such manner as he thinks fit. 14. Quorum for Boards and Courts:- The quorum necessa ry to constitute a sit ting of a Boar d or Court shall be as follows- (i)In t he case of Board.Quorum (a ) wher e the number of members is 3 2 (b) wher e the number of members is 5 3 (ii) in case of court – (a ) where the number of members is not more than 2 1 (b) where the number is more than 2 but less than 5 2 (c ) where the number of member is 5 or more 3 - 5 -Ex-310/2016 15. Evidence:- A Board, Court, Labour Court, Tribunal or an Arbitrator may accept, admit or call for evidence at any sta ge of t he proceeding before it/him a nd in such manner as it/he may think fit. 16 . Administration of oath:- Any member of a Board or Cour t or Pr esiding Officer of La bour Court, Tribunal or an Arbitrator may a dminister an oath. 1 7 . Summons:- A summon issued by a Board, Court, Labour Court or Tribunal shall be in Form D and ma y require a ny person to produce before it any books, papers or docu ments a nd things in the possession of or under the control of such person in any way r elating to the matter under investiga tion or a djudication by the Boar d, Cour t, Labour Court or Tribunal which the Board, Court, Labour Court or Tribunal thinks necessar y for the purposes of such investigation or a djudication. 18. Service of Summons for notice:- Subject to the provisions contained in Rule 20, any notice, summons, pr ocess or or der issue by a Boa r d, Cour t, Labour Cour t, Tr ibuna l or a n Arbitr ator empowered to issue such notice; summons, process or order, may be served either p ersonally or by registered post and in the event of refusal by the party concerned to accept the said notice, summons, process or order, the same shall be sent a gain under certificate of posting. 19. Description of Parties in certain Cases:- Where in any proceeding before a Board, Court, Labour Court, Tribunal or an Arbitrator, there are numerous persons arrayed on any side, such persons shall be described as follows – (1) All such persons as are members of any tra de union or association shall be described by the name of such trade union or association ; and (2) All such persons as are not members of any trade union or association shall be described in such manner as the Board, Court, Labour Court, Tr ibunal or Arbit rator, as the case may be, ma y det ermine. 20 . Ma nner of service in the case of numer ous persons a s parties to a dispute:- (1) Wher e there are numerous persons a s parties to any proceeding before a Board, Court, La bour Court, Tribunal or an Arbitrator and such persons are members of any trade union or association, the service of notice on the Secr etary, or where there is no Secretary, on the Principal Officer of the trade union or association shall be deemed to be service on such persons. (2) Wher e there are numerous persons a s parties to any proceeding before a Board, Court, La bour Cour t, Tribunal or an Arbitra tor, a s the case ma y be, shall, where persona l service is not practicable, cause the service of any notice to be made by affixing the same at or near the main entrance of the establishment concerned. (3) A notice ser ved in this manner specified in sub-r ule (2) shall also be considered as sufficient in the case of such workmen a s cannot be ascertained and found. 2 1 . Procedure at the first sitting:- At the first sitting of a Boa rd, Cour t, Labour Cour t or Tr ibunal, the Chairman or the Presiding Officer, as the case may be, shall call upon the parties in such order a s he may think fit to state their case. 22 . Boar d, Court, Labour Court, Tr ibuna l or Ar bitr ator ma y pr oceed ex-pa rte:- If without sufficient cause being shown, a ny party to proceedings before a Board, Court, Labour Court, Tribunal or Arbitrator fails to attend or to be represented, the Board, Court, Labour Court, Tribunal or Arbitrator may proceed, as if the pa rty had duly a ttended or had been represented. 23 . Power of entry and inspection:- A Board, or Court, or any member thereof or a Conciliation Officer, a Labour Court, Tribunal or any person a uthorized in writing by the Board, Court, La bour Cour t or Tr ibunal in this behalf may, for the purposes of any conciliation, investigation, enquir y or- 6 - Ex-310/2016 adjudication entrusted to the conciliation officer, Board, Court, La bour Court or Tribuna l under the Act, at any time between the hours of sunr ise and sunset and in the case of a person a uthorized in writ ing by a Board, Court, Labour Court or Tribunal after he has given reasonable notice enter any building, factory, workshop, or other place or premises whatsoever, a nd inspect the same or any work, machinery, appliance or article therein or interr ogate any person thereon in respect of anything situated therein or any matter relevant to the subject-matter of the conciliation, investigation, enquiry or adjudication. 24 . Power of Boards, Courts, Labour Courts and Tribunals:- In addition to t he powers conferred by the Act, Boards, Courts, Labour Cour ts and Tribuna ls shall have the same power s as ar e vested in Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely – a)Discovery and inspection; b)Granting adjournment; c)Reception of evidence ta ken on affida vit; and the Board, Court, Labour Court or Tribunal may summon and examine any person whose evidence appears to it to be material and shall b e deemed to be a Civil Court within the meaning of section 480 and 482 of the Code of Criminal Procedure 1898. 25 . Assesors:- Where assessors are appointed to advise a Tribunal under sub-section (4) of Section 7- A or sub-section (4) of Section 7-B or by the Court, Labour Court or Tribunal under sub-section (5) of Section 11, the Court, Labour Court or Tribunal, as the case may be, shall, in relation to proceedings before it, obtain the advice of such assessors, but such advice shall not be binding on it. 26 . Fees for copies of a wards or other documents of Labour Court or Tribuna l:- (1) Fees for making a copy of an awar d on an order of a La bour Court, or Tr ibunal of a ny docu ments filed in any proceedings shall be char ged at the rate of Rs. 1 per page. (2) For certifying a copy of any such award or order of document, a fee of Rs.1 shall be paya ble. (3) Copying and certifying fees shall be pa yable in cash in adva nce. (4) Where a party applies for immediate delivery of a copy of any such award or order of documents, an a dditiona l fee equal to one – half of the fee leviable under this Rule shall be paya ble. 2 7 . Decision by major ity:- All questions a rising for decision a t any meeting of a Board or Court, save where the Court consists of one person, shall be decided by majority of the votes of the members thereof present (including the Cha irman) at the meeting. In the event of equa lity of vote, the Chairman shall also have a casting vote. 28. Correction errors:- A Board, Court, Labour Court, Tribuna l or Ar bitrator may a t any time cor rect any clerica l mista ke or error ar ising from an accidental slip or omission in any proceeding report, awar d or decision either of its or his own motion or on the a pplication of a ny of the parties. 2 9 . Right of Repr esentatives:- The repr esentatives of t he p arties a ppea ring befor e a Board, Cou rt, Labour Cour t or Tr ibunal or an Arbitrator shall have the right of examination, cross examination and of a ddressing the Board, Court, Labour Court, Tribunal or Arbitrator when an evidence has been called. 30 . Proceeding before a Board, Court, Labour Court or Tribunal:- The proceedings befor e a Board, Court, Labour Court or Tribunal shall be held in public: Provided tha t the Board, Court, La bour Court or Tribunal may at any stage direct that any witness shall be examined or its p roceedings sha ll be heldin camera . - 7 -Ex-310/2016 PART IV REMUNERATION OF CHAIRMAN AND MEMBERS OR PRESIDING OFFICERS OF LABOUR COURTS, TRIBUNAL, ASSESSORS AND WITNESSES: 3 1 . Travelling Allowance:- T he Chairman or a member of a Board or Court or the Presiding Officer or a n Assessor of a Labour Court or Tribunal, if non-officia l, shall be entitled to draw travelling allowance and halting allowance for any journey performed by him in connection with the performance of his duties at the rates admissible and subject to the conditions a pplicable to a Government servant of t he first grade under the Supplementar y Rules issued by the State Government from time to time 3 2 . Fees:- T he Chair man and members of a Board or Court, the Presiding Officer a nd an Assessor of a Labour Cour t or Tr ibunal wherever he is not a salaried officer of Government may be granted fees as may be sanct ioned by the Sta te Government in each case. 33 . Expenses of Witness:- E very person who is summoned and who duly attends or otherwise appears as a witness befor e a Boa rd, Court, Labour Court, Tribunal or an Ar bitrator shall be entitled to an allowance for expenses according to the scale for the time being in force with resp ect to witnesses in civil courts in the State where the investigation, inquiry, adjudication or arbitration is being conducted. PART V NOTICE OF CHANGE 34. Notice of Change:- Any employer intending to effect any change into the conditions of service applicable to any matter specified shall give notice of such intention in For m E. The notice shall be displa yed conspicuously by the employer on a notice board at the main entr ance of the establishment in the Manager ’s Office. Provided that wher e any r egistered trade union of wor kmen exists, a copy of the notice shall also be ser ved by registered post on the Secretary of such union. PART –VI REPRESENTATION OF PARTIES 3 6 . Form of authority under Section 36:- T he authority in favour of a person or persons to represent a workman or group of workmen or an employer in any proceeding under the Act shall be in For m F. 37 . Parties bound by acts of representative:- Any party appearing by a representative shall be bound by the acts of tha t representative. PART VII WORKS COMMITTEE 38 . Constitution:- Any employer to whom an or der made under sub-s ection(1) of Section 3 relates shall forthwith pr oceed to constitute a Works Committee in the manner prescr ibed in this P art. 39 . Number of members:- T he number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and cla sses of workmen engaged in, and to the sections, shops or departments of the est ablishment: Provided that the total number of members shall not exceed twenty:- 8 - Ex-310/2016 Provided fu rther that the number of representatives of the workmen shall not be less than the number of r epresentatives of the employer. 4 0 . Representa tives of Employer:- Subject to the provisions of these Rules, the representatives of the employer shall be nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the working of the est ablishment. 41 . Consulta tion with trade union:- (1) Wher e any workmen of an establishment are members of registered trade union, the employer shall ask the union to inform him in writing – (a ) How many of the wor kmen are members of the union; and (b) How their membership is distributed among the sections, shops or departments of the establishment. (2) Wher e an employer has reasons to believe that the information furnished to him under sub-rule (1) by any trade union is false, he may a fter informing the union refer the matter to the Deputy Labour Commissioner/Assistant Labour Commissioner for his decis ion and the Deputy Labour Commissioner/Assistant La bour Commissioner aft er hear ing the parties shall decide the ma tter and his decision sha ll be final. 42 . Group of workmen’s representatives:- On receipt of the information called for under Rule 41, the employer shall provide for the election of workmen’s representatives on the committee in two groups – (1) those to be elected by the workmen of the establishment who are members of the registered trade union or unions; and (2) those to be elected by the workmen of the establishment who a re not members of the registered trade union bear ing the same proportion to each other as the union members in the establishment bear to the non-members: Provided tha t where more t han half the workmen are members of t he union or any one of the unions, no su ch divisions shall be made: Provided fu rther that where a registered trade union neglects or fails to furnish the information called for under sub-rule(1) of Rule 41 within one month of the date of the notice requiring it to fur nish such infor mation, such union sha ll for the purpose of this rule be treated as if it did not exist. Provided fur ther that where any reference has been made by the employer under sub- rule (2) of Rule 41, the election shall be held on receipt of the decision of Deputy La bour Commissioner /Assistant Labour Commissioner. 4 3 . Elect oral constituencies:- Wher e under Rule 42 the workmen’s r epresentatives are to be elected in t wo groups, the workmen entitled to vote shall be divided into two elector al constituencies, the one cons isting of those who are members of a registered trade union and the other of those who are not: Pr ovided tha t the employer may, if he thinks fit, sub-divide the electora l constit uency or cons tituencies, as the case may be, and direct that workmen shall vote in either groups, sections, shops or departments. 4 4 . Qua lifica tion of Candidates for Election:- Any workman of not less than 19 years of age and with a service of not less than one year in the establis hment ma y, if nominated as provided in this r ule, be a candidate for election as a representative of the workmen on the Commit tee: Provided tha t the service qualification shall not apply to the first election in an establishment which has been in existence for less t han a year.- 9 -Ex-310/2016 [Explanation:- A workman who has put in a cont inuous s ervice of not less than one year in two or more establishments belonging to the same employer shall be deemed to have sa tisfied the service qualification prescribed under this rule.] 4 5 . Qualification for voters:-All workmen who are not less than 18 years of a ge and who have put in not less than 6 months continuous service in the esta blishment shall be entitled to vote in the election of the represent atives of workmen. [Explanation:-A workman who has p ut in a continuous service of not less than 6 months in two or more establishment belonging to the same employer shall be deemed to have sa tisfied the service qualification prescribed under this rule.] 46. Procedure for election:- (1) The employer shall fix a date as the closing date for r eceiving nominations from candidates for elec tion as wor kmen’s r epres entatives of the Commit tee. (2) For holding the election, the employer shall also fix a date which shall not be earlier than 3 days and later than 15 days after the closing date for receiving nominations. (3) The dates so fixed shall be notified at least 7 days in advance to the workmen under registered trade union or unions concerned. Such notice shall be affixed on the notice-board after giving adequate publicity amongst the wor kmen. T he notice shall specify the number of seats to be elected by t he groups, sections, shops or departments and the number to be elected by the members of the registered trade unions or unions and by the non-members. (4) A copy of s uch notice sha ll be sent to the registered trade union or unions concerned. 47 . Nomination of Candidate for election:- (1) Every nomination shall be made on a nomination paper in Form G copies of which shall be supplied by the employer to the wor kmen requiring t hem. (2) Each nomina tion pa per sha ll be s igned by the candidate to whom it r elates and attested by at least two other voters belonging to the groups, sections, shops or departments the candidate seeking election will rep resent and sha ll be deliver ed to the employer. 48 . Scr utiny of nomination papers:- 1)On the day following the last day fixed for filing nomination papers, the nomination papers shall be scrutinised by the employer in the pr esence of the candida tes and the attesting persons and those which are not valid shall be rejected. 2)For the pur pose of sub-rule (1), a nomination paper shall be held to be not valid if (a) the candidate nominated is ineligible for membership under Rule 44; (b) the requirement of Rule 47 have not been complied with: Provided that where a candidate or an attesting person is unable to be present at the time of scr utiny, he may send a duly authorised nominee for the purpose. 3)Withdrawal of nominated ca ndidate’s validity:- Any candidate whose nomination for election has been accepted may withdraw his candidature within 48 hours of t he completion of scrutiny of nomination papers. 49 . Voting in election:- (1) If the number of candidates who have been validly nominated is equa l to the number of seats, the candidate shall be forthwith declared duly elected. (2) If in any constituency the number of candidates is more than the number of seats allotted to it, voting shall take place on the date fixed for election.- 10 - Ex-310/2016 (3) The election shall be held in such manner as may be convenient for each electoral constituency. (4) The voting shall be conducted by the employer a nd if a ny of t he candidates b elongs to a union, such of them as the union may nominate sha ll be associated with t he elect ion. (5) Every workman entitled to vote a t an electoral constit uency shall ha ve as many votes as there are seats t o be filled in the constituency. Provided that each voter shall be entitled to ca st only one vote in fa vour of any one candidate. 5 0 . Arrangement for Elect ion:- T he employer shall be responsible for all a rrangements in connection with the election. 51. Officers of the Committee:- (1) The Committee shall have among each office-bearers a Chairman, a Vice Chairman, a Secretary and a Joint Secreta ry. The Secreta ry and the Joint Secretary shall be elected every year. (2) The Chairman shall be nominated by the employer from amongst the employer ’s representatives on the Committee a nd he shall as far as possible be the head of est ablishment. (3) The Vice Cha ir man s ha ll be elected by the members of the Committ ee representing the wor ker s from amongst themselves: Provided tha t in the event of equa lity of votes in the election of the Vice-Chairman, the matter shall be decided by a dr aw of lot. (4) The Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the repr esenta tives of the employer, the J oint Secret ary shall be elected from amongst the repr esentatives of the workmen andvice-versa : Provided tha t the post of Secretar y or the Joint Secreta ry, as the case may be, shall not be held by r epresentatives of the employer or the workmen for two consecutive years: Pr ovided further that the repr esentatives of the employer sha ll not ta ke pa rt in the election of the Secretary or Joint Secretary as the case may be from a mongst the repr esentatives of the workmen and only the repr esentatives of the workmen shall be entitled to vote in such elect ions. (5) In a ny election under sub-rule (4) in the event of equality of votes, the matter shall be decided by a draw of lot. 52. Term of office:- (1) The term of office of the representatives of the Committee other tha n member chosen to fill a casual vacancy shall be two years. (2) A member chosen to fill a casual vaca ncy shall hold office for the unexpired term of his predecessor. (3) A member who without obtaining lea ve from the Committee fails to attend three consecutive meetings of the Committee shall for feit his membership. 5 3 . Vacancies:- In the event of workmen’s repr esentative ceasing to be a member under sub-rule (3) of Rule 52 or ceasing to be employed in the establishment or in t he event of his ceasing to represent the trade or vocation he was representing or resignation or death, his successor shall be elected in accordance with the provisions of this Part from the same category, group, section, shop or department to which the member vacating the seat belonged. 5 4 . Power to co-opt:- T he Committee shall ha ve the right to co-opt in consultative capa city person employed in the establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular quest ion is considered before the Commit tee.- 11 -Ex-310/2016 55. Meetings:- (1) The Committee may meet as often as necessary but not less than once in 3 months (a quarter). (2) The Committee shall at its first meeting regulate its own procedure. 56. Facilities for Meeting, etc.:- (1) The employer shall provide accommodation for holding meeting of the Committee. He shall also provide all necessar y facilities to the Committee and to the member thereof for carr ying out the work of the Commit tee. The Commit tee shall ordinarily meet during working hour s of the establis hment concerned on any working day and the represent atives of the workmen shall be on duty while attending the meeting. (2) The S ecr etar y of t he Committee may with the prior concur rence of t he Cha irma n put up notice regar ding the work of the Committee on the notice board of the establishment. (3) Submission of Returns:-The employer shall submit half yearly returns as in Form G-I in triplicate to the Deputy L abour Commissioner/Assistant Labour Commissioner not later than the 20th day of the month following the half-year. 5 7 . Dissolution of Works Committee:- The State Government or where t he power under S ection 3 has been delegated to any officer or authority under S ection 39, such officer or a uthorit y may after making such inquir y as it or he may deem fit, dissolute any Works Committee at any time by an order in writing, if he or it is satisfied that the Committee has not been constituted in accordance with these Rules or that not less than two-thirds of the number of repr esentatives of the workmen have without any reasona ble justification failed to a ttend three consecutive meetings of the Committee or that the Committee ha d for any other reasons ceased to funct ion: Provided tha t where a Works Commit tee is dissolved under this Rule, the employer may, and if so required by t he State Gover nment or, as the case may be, by such officer or authority shall, take steps to re-constit ute the Committee in accordance with these Rules. PART VIII MISCELLANEOUS 58. Memorandum of settlement:- (1) A settlement arrived at in the course of conciliation proceedings or otherwise shall be in Form H. (2) The settlement sha ll be signed by – (a ) In case of an employer, by the employer himself or by his authorized agent, or when the employer is an incorporated company or other body corpora te by the agent, manager or other principal officer of the corporation. (b) In case of the workmen, by any officer of tr ade union of the workmen or by 5 representatives of the workmen duly authorized in his behalf at a meeting of the workmen held for the purpose. (c ) In case of the workman in an industrial dispute under Section 2-A of the Act, the workman concerned. Explanation:- In this Rule, “officer” means any of the following officers, namely :- (a ) The president. (b) The Vice P res ident. (c ) The Secretar y (including the Genera l Secretary) (d) A Joint Secretary. ( e) Any other officer of the t rade union authorised in this behalf by the P resident and the Secretary of t he union. (3) Where a settlement is arrived at in t he course of conciliation pr oceeding, the Conciliation Officer shall send a report thereof to the State Government together with a copy of the memorandum of settlement signed by the par ties to the dispute.- 12 - Ex-310/2016 (4) Wher e a settlement is arrived at between an employer and his wor kmen otherwise than in the cour se of concilia tion proceeding before a Boar d or a Conciliation Officer, the par ties to the settlement shall jointly send a copy thereof to the State Government, the Labour Commissioner and to the Assista nt Labour Commissioner concerned. 59 . Complaints rega r ding cha nge of condit ion of service, etc:- (1) Every complaint under Section 33-A of the Act shall be presented in triplicate in Form I and shall be accompanied by a s many copies of the complaints as there ar e opposite par ties to the compla int. (2) Every complaint under sub-rule(1) shall be verified at the foot by t he workmen making it or by some other person proved to the satisfa ction of the La bour Court or Tribuna l to be acquainted with facts of the case. (3) The person verifying shall specify, by references to the numbered paragra phs of the compla ints, what he ver ifies of his own knowledge and what he verifies upon infor mation r eceived and believed t o be t rue. (4) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed. 60 . App lication under Section 33:- (1) An employer intending to obtain the expressed permission in writing of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be, under sub-section (1) or sub-section (3) of S ection 33 shall present an application in Form J in triplicate to such Conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as many copies thereof as t her e ar e opposite part ies. (2) An employer seeking the approval of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be, of any action taken by him under clause (a) or cla use (b) of sub-section (2) of section 33 shall present an application in Form K in triplicate to such Conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as many copies thereof as t her e ar e opposite part ies. (3) Every application under sub-rule(1) or sub-rule(2) shall be verified a t the foot by t he employer making it or by some other persons proved to the sa tisfaction of the Conciliation Officer, Boar d, Labour Court or Tribunal to be acqu ainted with the facts of the case. (4) The person verifying shall specify, by r eference to the numbered para graphs of the application, what he ver ifies of his own knowledge and what he verifies upon infor mation r eceived and believed t o be t rue. (5) The verification shall be signed by the person making it and shall state the date on which and the place at which it was verified. 61. Protected Workmen:- (1) Every r egistered t ra de union connected with an industrial esta blishment to which the Act applies shall communicate to the employer before 30th April every year, the names and addresses of such of the officers of the union who are employed in that establishment and who in the opinion of the union should be recognized as “protected workmen”. Any change in the incumbency of any such officer sha ll be communica ted to the employer by the union within 15 days of such change (2) The employer shall subject to Section 33 and sub-section (4) recognize such workmen to be “protected workmen” for the purposes of sub-section (3) of the said section and communicate to the union in writing within 15 days of the receipt of the names and addresses under sub-rule (1) the lis t of workmen r ecognized as protected workmen for the period of 12 months from the date of such communication.- 13 -Ex-310/2016 (3) Where the total number of names received by the employer under sub-rule(1) exceed the maximum number of protected workmen admissible for the establishment under Section 33, sub-section (4), the employer shall recognize as protected workmen only such maximum number of wor kmen: Provided that where there is more than one registered trade union in the establishment, the maximum number shall be so distributed by the employer among the unions that the numbers of r ecognized protected workmen in individual unions bear roughly t he same propor tion to one another as the membership figures of the unions. The employer shall in tha t case intimate in writing to the President or Secretary of the union the number of protected workmen allotted to it: Provided further that where the number of protected workmen allotted to a union under this sub-rule falls short of the number of officer of the union seeking pr otection, the union shall be entitled to select the officer s to be recognized as protected wor kmen. Such selection shall be made by the union and communicate to the employer within 5 days of the receipt of the employer ’s lett er. (4) When a dispute ar ises between a n employer and any registered tra de union in any matter connected with the recognition of “protected workmen” under this Rule, the disputes shall be referred to Labour Commissioner or Deputy Labour Commissioner whose decision thereon shall be final. 62. Application for recovery of dues:- (1) Wher e any money is due from an employer to a wor kman or a group of wor kmen under a settlement or an award or under the provisions of Chapter 5-A/Chapter 5-B, the workmen or the group of workmen, as the case may be, may apply in Form K-1 for the recovery of the money due: Provided tha t in the case of a person authorized in writ ing by the wor kmen or in the case of t he death of the workma n, the a ssignee or heir of the deceased workman, the applica tion shall be made in Form K-2. (2) Wher e any workman or a gr oup of workmen is entitled to receive from the employer any money or any benefit which is capa ble of being computed in terms of money, the workma n or the group of workmen, as the case may be, may apply to the specified La bour Court, in Form K-3 for the determination of the amount due or, as the case may be, the amount at which such benefit should be computed: Provided that in the case of the death of the workman, applica tion shall be made in Form K-4 by the assignee or heir of the deceased workman. 63 . Appointment of Commissioner :- Where it is necessary to appoint a Commissioner under sub- section (3) of Section 33-C of the Act, the La bour Court may appoint a person with experience in the particular industry, trade or business involved in the industrial dispute or a person with experience as a Judge of C ivil Court or a Stipendiary Magistrate or a Registr ar or Secretary of Labour Cour t or Tribunal constituted under any Provincial Act or State Act or of a Labour Court or Tribunal constituted under the Act or of the Labour Appellate Tribunal constituted under the Industrial Dispute (Appellate Tribunal Act) Act, 1950. 64 . Fees for the Commissioner, etc:- (1) The Labour Court s hall, after consultation with the pa rties, estimate the pr obable duration of the enquiry and fix the amount of the Commissioner ’s fees and other incidental expenses and direct the payment thereof into the nearest treasury within a specified time by such party or parties and in such proportion a s it ma y consider fit. The Commissioner sha ll not issue until sa tisfact or y evidence of the deposit into t he tr easury of the sum fix ed is filed before the Labour Court:- 14 - Ex-310/2016 Provided tha t the Labour Court may from time to t ime dir ect that any fu rther sum or sums be deposited into the treasury within such time and by such parties as it may consider fit: Provided further that the Labour Court may in its discretion extend the time for depositing the sum into the treasury. (2) The Labour Court may at a ny time for reasons to be recorded in writing vary the amount of the Commissioner ’s fees in consultation with the parties. (3) The Labour Court ma y direct that the fees shall be disbursed to the Commissioner in such installments and on such da tes as it may consider fit. (4) The undisbursed balance, if any, of the sum deposited shall be refunded to the party or par ties who deposit ed the sum in the same propor tion as that in which it was deposited. 65 . Time for submission of report:- (1) Every order for the issue of commission, the Labour Court shall appoint a date allowing sufficient time for the Commissioner to submit his report. (2) If for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be exceeded, he sha ll apply befor e the expiry of the said date for extension of time, setting forth grounds thereof, and the Labour Court shall take such grounds into cons ideration in passing orders on the application: Provided that Labour Court may grant extension of time not withstanding that no application for such extension has been r eceived from the Commissioner with the prescr ibed time-limit. 6 6 . Loca l investigation:- In any industria l dispute in which the Labour Court deems a local investiga tion to be requisite or proposed for the purpose of computing the money va lue of benefit, the La bour Court may issue a commission to a person referred to in Rule 63 directing him to make such investigation and to report thereon to it. 67. Commissioner ’s Report:- (1) The Commissioner, a fter such local inspection as he deems necessary and after reducing to writ ing the evidence taken by him, shall return such evidence together with his repor t in writing signed by him to the Labour Court. (2) The report of the Commissioner and the evidence t aken by him (but not the evidence wit hout the report) shall b e evidence in the industrial dispute and sha ll form part of the record of the proceedings in the industrial dispute; but the Labour Court or with the permission of the Labour Cour t, any of the parties to the industrial dispute, may exa mine the Commissioner personally before the Labour Court regarding any of the matters referred to him or mentioned in his report or a s to his repor t or as to the manner in which he has made the investigation. (3) Where the Labour Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further enquiry to be made as it shall think fit. 6 8 . Powers of Commissioner:- Any Commissioner appoint ed under these Rules may unless otherwise directed by the order of a ppointment- a)examine the parties themselves a nd any witness es whom they or any of them may produce and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referr ed to him; b)call for and examine documents and other things r elevant to the subject of enquiry; c)at a ny reasonable time enter upon or into any premises mentioned in the or der.- 15 -Ex-310/2016 69. Summoning of witnesses, etc:- (1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) relating to the summoning, attendance, examination of witnesses and penalties to be imposed up on witnesses, shall a pply to persons r equired to give evidence or to produce documents before the Commissioner under these Rules. (2) Every person who is summoned and appear s as a witness before the Commissioner shall be entitled to payment by the Labour Court out of the sum deposited under Rule 64 of an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowances to witnesses appearing in the Civil Courts. 70. (1 ) Representation of parties before the Commissioner:- The parties to the Industrial Dispute shall appear before the Commissioner either in person or by any other person who is competent to represent them in the pr oceedings befor e the Labour Court. (2 ) Preservation of records by the State Industrial Tribunal Labour Courts:- (a ) The records of the State Industrial Tribunal or Labour Court specified in Column 1 of the Table below shall be preserved for the periods specified in the corresponding entry in Column 2 thereof after the proceedings are finally disposed of by such Tribunal or Labour Courts. TABLERecords No. of years for which the records sha ll b e preserved 1 2 1)Orders and Judgments of State Industrial Tribuna ls or La bour Courts 10 years 2)Exhibited documents in the above mentioned Tribuna ls or Courts10 years 3)Other papers 7 years (b) Not withstanding anything contained in sub-rule (a), the record of the State Industrial Tribunals or Labour Courts connected with writ petitions, if any, filed in the High Courts or Supreme Cour t or connected with appeals by specia l lea ve, if a ny, filed in the Supreme Court s ha ll be preserved at least till the final disposal of such writ petitions or appeal by special leave. 71. Notice of Strike:- (1) The notice of strike to be given by workmen in a public u tility service shall be in For m L. (2) On receipt of a notice of a strike under sub-rule (1), the employer shall for thwith intimate the fact s to the Conciliation Officer having jurisdiction in the matter. 7 2 . Notice of Lock-out :- The notice of lock-out to be given by an employer ca rrying on a public utility service sha ll be in Form M. The notice shall be displayed conspicuously by the employer on a notice boar d at the main entrance to the establis hment a nd in the Manager ’s Office: Provided that where registered tr ade union exists, a copy of t he notice shall also be served to the Secretary of the union. 7 3 . Report of Lock-out or str ike:- The notice of lock-out or strike in a public utility service to be submitted by the employer under s ub-section (3) of Section 22 shall be in For m N. 7 4 . Report of notice of strike or lock-out:- T he repor t of notice of strike or lock-out to be submitted by the employer under sub-section (6) of Section 22 shall be sent by registered post or given personally to t he Labour Commissioner, Deputy Labour Commissioner/Assistant Labour Commissioner with a copy by registered post to :-- 16 - Ex-310/2016 (1) The Administrative Department of the Government of Mizora m concerned. (2) The Labour Commissioner. (3) The District Magistrate concerned. 7 5 . ( 1 ) Registered of settlements:- The Conciliation Officer shall file all settlements effected under this Act in r espect of disputes in t he area within his jur isdiction in a register mainta ined for the pur pose as in For m O. ( 2 ) Notice of lay off:- (a ) If a ny workman employed in an industrial establishment a s defined in the expla nation below Section 25-A, not being an industrial establishment referred to in sub-section (1) of that section, is laid-off, then the employer concerned shall give notices of commencement and termina tion of such lay-off in Forms O-1 and O-2 respectively within 7 da ys of such commencement or termina tion a s the case may be. (b) Such notices shall be given by an employer in every case irresp ective of whether, in his opinion, the workman laid-off is or is not entitled to compensation under Section 25-C. ( 3 ) Applica tion for permission for lay-off under Section 25-M:- (a ) Application for permission to la y-off a ny workman under sub-section (1) or for permission to cont inue a lay-off under sub-section (3) of Section 25-M shall be ma de in Form O-3 and delivered to the authority specified under sub-section (1) either personally or by registered post acknowledgement due and where the application is sent by registered post, the date on which the same is delivered to the said authority shall be deemed to be the date on which the application is made for the purpose of sub-s ection (5) of the sa id section. (b) The application for permission shall be made in triplicate and copies of such application shall be served by the employer on the workmen concerned and proof to that effect shall also be submitted by the employer a long with the application. (c ) The employer concerned shall fur nish to the authority to whom the application for permission has been ma de such further infor mation as the authorit y considers necessary for ar riving at a decision on the application as and when called for by such authority so as to enable the authority to communica te the permission of refusal to grant permission within the period specified in sub-section (5) of Section 2 5-M. (d) Wher e the permission to la y-off has been granted by the said authority, the employer concerned shall give to the Labour Commissioner a notice of commencement a nd termination of such lay- off in Forms O-1 and O-2 r espectively and where permission to continue a lay-off has been granted by the said authority, the employer sha ll give to the Labour Commissioner a notice of commencement of such lay-off in Form O-1, in case such a notice has not already been given under clause (a) of sub-rule (2) of Rule 75 and a notice of termination of s uch lay-off in Form O-2. 7 6 . ( 1 ) Notice of retrenchment :- If any employer desir es to r etrench any workman/ employee in his industrial establishment who has been in continuous service for not less than one year under him (here in after referred to as ‘workman’ in this rule and in Rule 77 and 78), he shall give notice of such retr enchment as in Form P to the State Government, the Labour Commissioner, Depu ty Labour Commissioner and Assistant Labour Commissioner and the Employment Exchange concerned by registered post in t he following manner: a)Wher e notice is given to the workman notice of retrenchment shall be sent within three days from the date on which notice is given to the workman: b)Wher e no not ice is given to the workman a nd he is paid one month’s wages in lieu thereof, notice of r etrenchment sha ll be sent within 3 da ys from the date on which such wages are paid; and- 17 -Ex-310/2016 c)Where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retr enchment shall be sent so as to reach the Government, the La bour Commissioner, the Deputy Labour Commissioner /Assistant Labour Commissioner and the Employment Exchange concer ned at least one month before such date: Provided tha t if the date or termination of service agreed upon is within 30 days of agreement, the notice of retrenchment shall be sent to the Government, the Labour Commissioner, the Deputy Labour Commissioner/Assistant Labour Commissioner and the Employment Exchange concerned within 3 days of agreement. ( 2 ) Notice of and Applica tion for per mission for r etr enchment:- (a ) Notice or, as the ca se may be, the application under sub-section (1) of Section 25-N for retr enchment shall be served in Form P-A and served on the Government or such authorit y as may be specified by the Government under t he said clause either personally or by registered post acknowledgement due and where the notice is served by registered post, the date on which the same is delivered to the State Government or the authority shall be deemed to be the date of service of the notice for the purposes of sub-section (4) of the sa id section. (b) The notice or, as the case may be, the application shall be made in triplicate and copies of such notice or as the ca se may be the a pplication shall be served by the employer on the wor kmen concerned and a proof to that effect shall also be submit ted by the employer along with the notice or, as case may be, the application. (c ) The employer concerned sha ll furnish to the State Government or the authority to whom the notice for retrenchment has been given or the a pplication for permission for retrenchment has been made under sub-section (1) of Section 25-N, such further information as the State Government or, as t he case may be, the a uthority considers necessary for arr iving at a decision on t he notice or, as the case may be, the application as and when ca lled for by such authority so a s to enable the State Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-s ection (4) of S ection 25-N. ( 3 ) Notice of closure:- If a ny employer intends to close down an underta king, he sha ll give notice of such closure in Form-Q to the State Government, the Labour Commissioner, the Deputy Labour Commissioner, the Assistant Labour Commissioner and the Employment Exchange concerned by registered post. ( 4 ) Notice of, and application for permission for, closure:- (a) Notice under sub-section (1) of Section 25-O of intended closure shall be given in For m QA and served on the State Government either persona lly or by registered post acknowledgement due. A copy of such application shall be served simultaneously by registered post on the President or Secretar y of registered trade union(s) funct ioning in the establishment and notice in this regard shall also be displayed conspicuously by the employer on a notice board at the main entr ance to the establishment for the information of all the concerned workmen at the same time when a pplications are served on the Government. (b) The notice or, as the case may be, the a pplication sha ll be made in triplicate. (c ) The employer concerned shall furnish to the State Government to whom the notice of intended closure has been given or the application for permission to close down has been made, such further information as the Government considers necessary for ar riving a t a decision on the notice or, as the case may be, the application, and calls for from such employer. 7 7 . Maintenance of seniority list of workmen:- T he employer shall prepa re a list of all workmen in the particular category fr om which retrenchment is contemplated to be arranged accor ding to the seniority of their service in tha t category and cause a copy t hereof to be pasted on a notice boar d in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.- 18 - Ex-310/2016 78. Re-employment of retrenched workmen:- (1) At least ten days before the date on which va ca ncies ar e to be filled, the employer sha ll arra nge for the dis play on a notice board in a conspicuous place in the premises of the industrial esta blishment deta ils of those vacancies and shall also give intimation of those vacancies by registered post to ever y one of a ll the retrenched wor kmen eligible t o be considered ther eof to the address given by him at the time of retrenchment or a t any time thereof: Provided that where the number of such vacancies is less than the number of retrenched workmen, it shall be sufficient if intimation is given by the employer individually to the seniormost retr enched workmen in the list referred to in Rule 77 the number of such senior most wor kmen being double the number of such vacancies: Provided also that if a retrenched workman, without sufficient cause being shown in writ ing to the employer, does not offer himself for re-employment on the date or dates specified in the intimation sent to him by the employer under this sub-rule, the employer may not intimate to him the vacancies that may be filled on any s ubsequent occasion. (2) Immediately after complying with the provision of sub-rule (1), the employer shall also inform the trade unions connected with the industrial establishment of the number of vaca ncies t o be filled and names of the retrenched workmen to whom intimation ha s been sent under that sub- rule: Provided that the provisions of this sub-rule need not be complied with by the employer in any case where intimation is sent to every one of the workmen mentioned in the list prepared under Rules 77. 7 9 . Penalties:- Any breach of these Rules shall be punishable with fine not exceeding five hundred rupees. SCHEDULE FORM A (See Rule 3)Form of application for the reference of an Industrial Dispute to a Board of Conciliation/Court of Enquiry/ Labour Court/Tribunal/State Tribunal under Section 10(2) of the Industrial Disputes Act, 1947. Wher eas an industr ial dispute *Is apprehended/exists between ……………………………and…………………….and it is expedient that *The dispute/investigation a nd settlement/the matters specified in the enclosed statement which are connected with or relevant to the dispute should be r eferred for *Enquiry/adjudication by a board of conciliation/ a Court of Enquiry/a Labour Court/a Tribuna l an application is hereby made under sub-section(2) of section 10 of the Industrial Dispute Act, 1947 that the *Said matters/said dispute should be referred to *A board of C oncilia tion/a Court of Enquiry/a Labour Court/a Tribunal. This application is made by the undersigned who have/has been duly authorised to do so b y virtue of resolution(copy enclosed) adopted by a majority of the members present at a meeting of the………….. held on the………., 20 A statement giving the particulars required under Rule 3 of the Mizoram Industr ial Disputes Rules, 2015 is attached.- 19 -Ex-310/2016 Dated the……………………… Signature of employer……………….. Or agent………………………………… Or manager……………………………. Or principal officer of the corporation……………………….. Signature of the President of the trade union**………. Secretary of the trade union…………. Or Signature of five representa tives duly authorised (vide resolution enclosed)……………… or Signature of the workman in the same establishment duly author ised ( vide authorisation enclosed)……………… To The Secreta ry to the Government of Mizoram. Labour, Employment & Industrial Tra ining Institute Department. Statement r equired under Rule 3 of the Mizoram Industrial Disputes Rules, 2015 to accompany the form of application prescribed under-section (2) of section 1 0 of the Industrial Disputes Act, 1947: (a ) Parties to the disputes including the name and address of the establishment or undertaking involved; (b) Specific matters in disputes; (c ) Tota l number of wor kmen employed in the undertaking affected; (d) Estimate number of workmen affected or likely to be affected by the dispute; ( e) Efforts made by the parties themselves to adjust the dispute. Copy to- i.The Labour Commissioner…………………[here enter office address of the Labour Commissioner in the loca l area concerned]; ii.The Deputy Labour Commissioner iii. The Assistant Labour Commissioner; FORM B (See Rule 6) Wher eas an industrial dispute has arisen between……………and……………..a nd it is expedient to refer the said dispute under Section 10 of the Industrial Disputes Act , 1947 to a Boa rd of C oncilia tion for the purpose of investigating the same and for promoting settlement thereof, you are hereby required to intimate to t he undersigned not later than the…………………..the name(s) and address(es) of one/two person(s) whom you wish to recommend for appointment as your repr esentatives(s) on the said Board. If you fail to make the recommendation by the da te specified a bove, the State Government will select and a ppoint such person(s) a s it thinks fit to represent you. Secr etary to the Government of Mizoram Labour, Employment & Industrial Training Department- 20 - Ex-310/2016 FORM C (See Rule 7) Agr eement (Under Section 10-A of the Industrial Disputes Act, 1947) Between Names of the Parties- Repr esenting employers: Representing workmen/workma n: It is hereby agreed between the parties to refer the following dispute to the arbitration of …………..[here specify the name(s) and address(es) of the arbitrators]: (i) Specific matters in dispute: (ii) Details of the parties to the dispute including the name and address of the establis hment or undertaking involved; (iii) Name of the workmen in case he himself is involved in the disputes, or the name of the union, if any, repr esenting the wor kmen or workman in question; (iv) Tota l number of wor kmen employed in the undertaking affected; (v) Estimate number of workmen affected or likely to be affected by the dispute. * We further agree that- The majority decisions of the arbitrator s be binding on us, and in case the a rbitrators are equally divided in their opinion, that they shall appoint a nother person(s ) as umpire whose award shall be binding on us. The arbitrator(s) shall make his/their award within a period of……………………………… (her e specify the period agreed up on by the parties) from the da te of publication of this agreement in the Official Gazette by the appropriate Government or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period a forementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration. Signa ture of the parties. Rep resenting employer. ** Wor kma n/Representing Workma n/Workmen Witnesses: (1) (2) Copy to: (i)The Labour Commissioner (here enter office of t he Labour Commissioner in local area concerned) (ii)The Deputy Labour Commissioner (iii)The Secretar y to the Government of Mizora m, La bour, Employment & Industr ia l Tra ining Depa rtment. *Wher e applicable. ** Delete whichever is not applica ble.- 21 -Ex-310/2016 FORM D (See Rule 17) Whereas as industrial dispute between………….and………..has been referred Board of Conciliation for investigation a nd settlement, Court of Inqu iry for investigation, Labour Court/Tribunal for adjudication, under Section 10 of the Industrial Disputes Act, 1947, you a re hereby summoned to appear before the Board/Court/Labour Court/Tribunal in person on the………………….. day of…………………………….. at……………………………..o’clock in the …………………………………….. noon to answer all material questions relating to the said dispute and you a re directed to produce on that day all the books, papers and other documents and things in your possession or under your control in any way relating to the matter under investigation by this Board/Court/Labour Court/Tribunal. Dated…………………………………… Chairman/Secretary ________________ Boar d of concilia tionCourt of Enquiry Presiding Officer/Secretary_______________ Labour CourtTribunal FORM E (See Rule 34)Notice of change of Service Condition proposed by an Employer Name of employer……………………………………………………….......…………………………… Address…………………………………………………………………....……………………………… Dated the…………………………………........……day of…………………….20…………………….. In accordance with Section 9-A of the Industrial Disputes Act, 1947 , I/we hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from……………….. in the conditions of service applicable to workmen in respect of the matters specified in t he Fourth Scheduled to the said Act. Signature…………………………. Designation………………………. ANNEXURE (Here specify the change/changes, intended to be effected) Copy forwarded to: (1)The Secretar y of registered trade union, if any. (2)Labour Commissioner …………………..[here enter office a ddress of the Labour Commissioner in the loca l area concerned]: (3)Deputy Commissioner………………………….(Zone). (4)Assistant Labour Commissioner, Aizawl.- 22 - Ex-310/2016 FORM F (See Rule 36) Before(Here mention the a uthorit y concerned) Reference No…………………………………………………of …………………………….workmen. Versus …………………………………………………………………..Employer. In the matter of………………………versus……………………… I/we hereby authorise Shri/ Smt……………………………………………. to represent me/us in the above matter. Dated this…………………………………………day of…………………………..20 Signature of person(s) nominating the representative(s) Address Accepted Signature of repres entative(s) Address FORM G (See Rule 47) F or m of Nomina tion Pa per Name of Industrial Establishment Group/Section/Shop/Department I nominate (here enter the name of the wor kmen’s representatives eligible for election) as a candidate for election to the Wor ks Committee. He is eligible a s a voter in the constituency for which he is nomina ted. Signature of proposer Date…………………….. I agree to the pr oposed nomina tion Signature of candidate Date……………………………….. Attested by: (1) (2) (To be signed by any two voters belonging to the electoral constituency) - 23 -Ex-310/2016 FORM G-I [See Rule 56 (3)]Progress Report on constitution and functioning of Works Committee for the half-year ending the 30 th June/31 st December, 20…… 1.Name and address of the establishment. 2.Name of the employer. 3.(a)Number of Unions, if any. (b)Affiliation of the Union(s) to the State Organisation of workers. 4.If the Works Committee has been functioning- (a)Date of its constitution. (b)Nu mber of workmen’s rep res ent atives(elec ted member s) (c)Number of employer ’s representatives(nomina ted members) (d)Number of meetings held during the half-year(with da tes) 5.If the Works Commit tee had not been functioning, the difficulties encountered in its constitution/ functioning. 6.General rema rks, if any. Date…………………………………… Place………………………………….. Signature of employer or his repr esentat ives FORM H (See Rule 58) Form for Memorandum of Settlement Names of Parties Representing employer (s): Representing Workmen: Short Recital of the case Terms of Settlement Signature of the parties………….. Witnesses (1)………………………………………………………….. (2)………………………………………………………….. *Signature of Conciliation Officer/Boa rd of C oncilia tion Copy to ** (1)Labour Commissioner…………………………………………… (her e enter the office address of the Labour Commissioner in the local area concerned)- 24 - Ex-310/2016 (2)Deputy Labour Commissioner…………………………………. (3)Assistant Labour Commissioner, Mizoram : Aizawl (4)The Secretary to the Government of Mizoram, Labour, Employment & Industrial Training Deaprtment. * In Case of settlement effected by Conciliation Officer/Boa rd of Concilia tion ** In case where settlement are a rrived at between the employer and his workmen otherwise than in the cour se of conciliation. FORM I (See Rule 59) Before the Labour Court/TribunalComplaint under Section 33-A of the Industrial Disputes Act, 1947 A………………………………………Complainant(s) Versus B…………………………………….Opposite Party/Parties Address: In the matter of Reference No……………………………… The petitioner(s) begs/beg to complain that the Opposite Party/Parties has/have been guilt y of contravention of the provisions of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947) as shown below: (Here set out briefly the particulars showing the manner in which the alleged cont ravention has taken place and the grounds on which t he order or act of the Management is challenged) The complainant(s) accordingly prays/pray that Labour Court/Tribunal may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper. The number of copies of the complaint and its Annexure required under Rule 59 of the Mizoram Industrial Disputes Rules, 2015 are submitted herewith. Signature of Complainant(s) Dated this…………………………………..day of…………………20………. Verification I do solemnly decla re that what is stated in para graphs…………………… above is true to my knowledge and that what is stated in paragraphs…………………….above is stated upon information received and believed by me to be true. This verification is signed by me at…………………. on…………………. day of…………………20………………. Signature or Thumb impression of the person verifying - 25 -Ex-310/2016 FORM J [See Rule 60(1)] Before(her e mention the Conciliation Officer, Board, Labour Court or Tribunal) Application for permission under sub-section(1)/sub-section (3) of Section 33 of the Industrial Disputes Act, 1947(14 of 1947), in the matter of Reference No………………. A: ……………………………………..Applicant Address Versus B: ……………………………..Opposite Party/Parties Address(es) The above mentioned applicant begs to state as follows: [ Here mention the action specified in clause (a) or clause (b) of sub-section (1) grounds on which the permission is sought for.] The applicant, therefore, prays that expressed permission may kindly be granted to him to take the following action namely: [ Here mention the a ction specified in clause (a ) or clause (b) of sub-section (1)/ sub-section (3) of Section 33.] Signa ture of the applicant Dated this………………………….day of……………….20……………….. Space for Verifica tion (Signature of person verifying) Date (on which the verifica tion wa s signed)………………………… Place (at which the verification was signed)…………………………. FORM K [See Rule 60(2)] Before( Here mention the Conciliation Officer, Boa rd, Labour Cour t, Tribunal ). Application under sub-section (2) of Section 33 of the Industrial Disputes Act, 1947(14of 1947), in the matter of Reference No……………………………………. A………………………………………Applicant Address: Versus B………………………………….Opposite Party/Parties- 26 - Ex-310/2016 Address: The above-mentioned applicant begs to state as follows:(Her e set out the relevant facts and cir cumst ances of the case) * The Workma n/workmen discharged/dismissed under clause(b) of sub-section (2) of Section 33 has/have been paid wages for one month. The applica nt prays that the Conciliation Officer/Board/Labour Court/Tribuna l may be pleased to appr ove of the act ion ta ken namely: [Here mention the action taken under clause (a) or clause (b) of sub-s ection (2) of section 33.] Signature of applicant Dated this……………………day of……………………20………… Dated (on which the verification was signed)………………….... ..…. Palce (at which the verification was signed)…………………….....… *Delete if not applicable FORM K-I [See Rule 62(1)] Application under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 To (1) The Secretary to the Government of Mizoram, Labour, Employment & Industrial Training Department. (2) The Labour Commissioner…………………….( here insert the name of t he region). Sir, I/we have to state that I am/we ar e entit led to receive from M/s……………………… a sum of Rs…………………..on account of………………… under the provisions of Chapter V-A/Chapter V-B of the Indu strial Disputes Act, 1947 in terms of the award dated the…… ……..given by…………./in t erms of the settlement dated the…………….arrived at between the said M/s………………..and their workmen through…………….. the duly elected representatives. I/we further state that I/we served the management with a demand notice by registered post on………………….. for the said a mount which the management ha s neither paid nor offered to pay to me/ us even though a fortnight has since ela psed. T he deta ils of the amount have been mentioned in the statement her et o a nnex ed. I/we request that the said sum may kindly be r ecovered from the management under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 and paid to me/us a s early as possible Signature of Applicant(s)Address(es) 1. 2. 3. 4. Station…………………………….. Date………………………………… ANNEXURE [ Here indica te the details of the amount (s) claimed ] - 27 -Ex-310/2016 FORM K-2 [See Rule 62(1)]Application by a person authorised by a workman or by the assignee or heir of a deceased workman under sub-section(1) of Section 33-C of the Industrial Disputes Act, 1947 To (1) The Secretary to the Government of Mizoram, Labour, Employment & Industrial Training Department. (2) The Labour Commissioner ...................................... ( here insert the name of the region) Sir, I *Shri/Shrimati/Kumari…………………….. have to state that *Shri/Shrimati/Kumari ………………. *is/was entitled to receive from M/s……………… a sum of Rs…………….on account of………………………. under the provisions of Chapter V-A/Chapter V-B of the Industrial Disputes Act, 1947/in terms of the award, dated the ……………given by………………/in terms of the settlement dated the…… …………. a rrived at between the said M/s……………. .and their wor kmen through…………the duly elected representatives. I further state tha t I served the ma nagement with a demand notice by registered post on………………………..for the said amount which the management has neither paid nor offered to pay to me even though a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed. I request that the said su m may kindly be recovered from the ma nagement under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 and paid to me as early as possible. *I have been duly authorised in writ ing by……….( here insert the na me of the workman ) to make this application and to r eceive the payment of the aforesaid amount due to him. *I a m the a ssignee/heir of the deceased workman and am entitled to receive the payment of the afor esaid a mount due to him. Station………………… Date…………………… Signature of the application………………………….. Address……………………………………………… ANNEXURE ( Here indicate the details of the amount claimed ) [*Strike out the por tions inapplica ble] FORM K-3 [See Rule 62(2)] Application under sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947 Before the State Government Labour Court at………………………………………. Between (1)Name of the applicant(s). (2)Name of the employer. The petitioner …………………………… a workman of……………………. M/s …………………. of ………………………………- 28 - Ex-310/2016 The petitioners undersigned workmen of………………………… is/ar e entitled to r eceive from the said M/ s……………………………….. the money/benefits mentioned in the statement hereto annexed. It is prayed that the Cour t be pleased to determine the amount/amounts due to the petitioner (s).Signa ture or thumb Address(es) impr ession(s) of the applicant(s) 1. 2. 3. 4. Station………………………….. Date……………………………. ANNEXURE ( Here set out the details of the money due or the benefit accrued together with the case for their admissibility. ) FORM K-4 [See Rule 62(2)] Application by a person who is an assignee or heir of a deceased workman under sub- section (2) of Section 33-C of the Industrial Disputes Act, 1947 Before the State Government Labour Court at………………………………………. Between (1)Name of the applicant(s). (2)Name of the employer. I am/We a re t he a ss ignee(s )/ heir(s) of the decea sed wor kman and am/a re entitled to ma ke a n application on his behalf. Shri............................ is a former workman of M/s ……………of…………… is entitled to receive from the said M/s……………………….. the money/benefits mentioned in the statement hereto annexed. It is prayed that the Court be pleased to determine the amount/amounts due to the deceased workman. Address of workman.................... Signature or thumb impression(s) of the applicant(s) ................................... Address of the applicant(s) ................... Station………………………….. Date……………………………... ANNEXURE ( Here set out the details of the money due or the benefit accrued together with the case for their admissibility. ) - 29 -Ex-310/2016 FORM L [See Rule 71]For m of Notice of Strike to be given by Union/Workmen in Public Utility Service (Name of Union) [Name of five elected rep resent atives of wor kmen] Dated the………………….day of…………………20…………. To (the name of the employer) Dear Sir/Sirs, In accordance with the provisions contained in sub-section(1) of Section 22 of the Industrial Disputes Act, 1947, I/we hereby give notice that I/we propose to go on strike on ………………………. 20……………….for the reasons explained in the Annexure. Yours faithfully, ______________________________________ Secretary of the Union [Five representatives of the workmen duly elect ed at a meeting held………………………. (dated). Vide resolution attached.] ANNEXURE Stat ement of the C ase. Copy to: (1)Labour Commissioner (Here enter office address of the Labour Commissioner in the local area concerned) (2)Deputy Labour Commissioner…………….. (3)Assistant Labour Commissioner Mizoram : Aizawl FORM M (See Rule 72) Form of Notice of Lock-out to be given by an Employer carrying on a public Utility Service Name of employer…………………………………... Address……………………………………………… Dated the……………………….day of……………….20………… In a ccordance with the provisions of sub-section(2) of S ection 22 of the Industrial Disputes Act, 1947, I/we hereby give notice to all concerned that it is my/our intention to effect a lock-out, in…………………………………. department(s), section(s) of my/our establishment with effect from……………………….. for the reasons explained in the annexure.- 30 - Ex-310/2016 Signature…………………………………….. Designation………………………………….. ANNEXURE Statement of Reasons Copy forwarded to: (1)The Secretar y of the Registered Union, if any (2)Labour Commissioner……………………………… [Here office address of the Labour Commissioner on the local area concerned] (3)Deputy Labour Commissioner………… (4)Assistant Labour Commissioner, Mizoram : Aizawl FORM N (See Rule 73) Form of Report of Strike or Lock-out in a Public Utility Service Information to be supplied in this form immediately on the occurrence of a strike or lock-outin a public utility service to the Deputy Labour Commissioner for the local area concerned 1234567891011 Notes .- Give the average number of workmen employed during the month previous to the day on which Column (3) the strike or lock-ou t occurr ed. While r eckoning the average, omit the days on which the attendance was not normal for reasons other than individual reasons of particular workmen. Thus days on which strike or lock-out occur s or communal holiday is enjoyed by a la rge section of workers should be omit ted. Column (4) If, say, 200 workers in a factory strike wor k and in consequence the whole factory employing 1,000 workers has to be closed tha n, 200 s hould b e shown under “ directly” and the remaining under “indirectly”. If the strike of 200 workers does not affect the working of the other depa rtments of the factory, the number of workers involved would only be 200, which figure should appear under “directly” a nd column “indirectly” would be blank. Column (8) Give the main causes of the dispute as well as the immediate cause that led to the strike or lock-out. Name of under takingStation and DistrictNormal working strengthNumber of Workers involved Directly Indirectly Strike or Lock-outDate of commen- cement of strike or lock - outCause Was notice of strikeor lock–out given? If so, on¬for what periodIs there any permanent agency or agreement in the undertaking for the settlement of disputes between the emplo-yerand workmen? If any exists,partic- ulars thereofAny other infor- mation - 31 -Ex-310/2016 FORM O [See Rule 75 (1)] Register-Part I Seria l No.IndustryParties to the SettlementDat e of s ettlementRemarks Whether the settlement was effected at the interview of the concilia tion machinery or by mutual negotiations between the parties may be indicated here.Part-II Should cont ain one copy each of the settlement in the serial order indicted in Par t I. FORM O-1 [See sub-rule (2) of Rule 75] To The Labour Commissioner, ………………………………… ( Here specify the region concerned) Sir, Under Rule sub-rule (2) of Rule 75 of the Mizoram Industrial Disputes Rules, 2015, I/we hereby inform that I/we have laid off……………………….. out of a total of*…………………………workmen employed in the establishment with effect from**…………………………………for the reasons explained in the Annexure. 2. Such of the workmen concerned as are entitled to compensation under Section 25-C of the Industrial Disputes Act, 1947 will be paid compensation due to them. Yours faithfully *** Copy forwar ded to Labour Commissioner ( here specify the address of the Labour Commissioner of the local area concerned.) ANNEXURE Statement of Reasons *Her e inser t the number of wor kmen. **Here inser t the date. ***Here insert the position which the person who signs the letter holds with the employer issuing the letter.- 32 - Ex-310/2016 FORM O-2 [See sub-rule (2) of Rule 75] To The Labour Commissioner, ………………………………….(Here specify the region concer ned) Sir, As required by sub-rule (2) of Rule 75 of the Mizoram Industrial Disputes Rules, 2015 and in continuation of my/our notice dated*…………………………………. in Form O-1, I/we hereby inform you that lay-off in my/our establishment has ended on………………………………. Yours faithfully, ** Copy to the Labour Commissioner……………………………………………. [Here specify the a ddress of the Labour Commissioner of the local area concerned] *Her e inser t the date. **Here insert the position which the per son who signs the letter holds with the employer issuing the letter. FORM O-3 [See Rule 75 (3) (a)] (To be submitted in triplicate) For m of application for permission to lay off to continue the lay-off of workmen in industrial esta blishments to which pr ovisions of C ha pter V-B of the Industria l Disputes Act, 1947(14 of 1947) apply To …………………………… …………………………… …………………………… [T he author ity specified under sub-section (1) of Section 25-M] Sir, Under *sub-section (1)/sub-section (3) of Section 25-M of the Industrial Disputes Act, 1947(14 of 1947) read with clause (a) of Rule 75 (3) of the Mizoram Industrial Disputes Rules, 2015, I/we hereby apply for *permission to the lay-off/permission to continue the lay-off…………………workmen of a total of………………….workmen employed in my/our establishment with effect from……………………. for the reasons set out in the Annexure. Permission is solicited* for the lay-off/to continue the lay-off of the sa id workmen. Such of the workmen permitted to be laid-off will be paid such compensa tion, if any, to which they are entitled under sub-section (6) of Section 25-M read with Section 25-C of the Industrial Disputes Act, 1947(14 of 1947). Yours faithfully, (Signature)*Str ike out whatever is inapplica ble.- 33 -Ex-310/2016 ANNEXURE (Please give replies aga ins t each item)Item No. 1.Name of the underta king with complete pos tal addr ess, including telegra phic address a nd telephone numb er. 2.Status of undertaking:- (i) Whether Central public sector/State public sector/for eign ma jority company/joint sector etc. (ii) If belongs to large industrial house, please indicate the controlling group; and if a for eign majority company, indicate the extent of foreign holdings. (iii) Whether the undertaking is licensed/registered and if so, name of licensing/registrating authority and licensing/regist ration certificate numbers. 3.(a ) Names and addresses of the affected workmen proposed to be laid-off, names and addresses of the workmen laid-off before the commencement of the Industrial Disputes (Amendment) Act, 1976(32 of 1976) and the dates from which each of them has been laid-off. (b) The nature of the duties of the workmen referred to in sub-item (a), the units/sections/shops where they are or were wor king and the wages dra wn by t hem. 4.Items of ma nufactures and scheduled industry/industries under which they fall. 5.Details relating to installed capacity, licensed capacity and utilized capacity. 6.(i) Annual production, item-wise for the preceding t hree years. (ii) Production figures, month-wise for the preceding twelve months. 7.Work-in-progress, item-wise and value-wise. 8.Any arrangements regarding off-loading or sub-contracting of pr oducts or any components thereof. 9.Position of the order book, item-wise and value-wise for a period of six months and one year next following, and for the period after expiry of the said one year. 10. Number of working days in a week with the number of shifts per day a nd the strength of wor kmen per each shift. 11. Bala nce sheets, profit and loss accounts a nd audit reports for the last three years. 12. Fina ncial position of the company. 13. Names of the inter-connected compa ny or companies under the same management. 14. (i) The total number of workmen (category-wise) and the number of employees other than workmen as defined under the Indu strial Disputes Act, 1947 (14 of 1947), employed in the undertaking. (ii) Percentage of wages of workmen to the total cost of product ion. 15. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost. 16. Deta ils of lay-off resorted to in the la st three years (other than the lay-off for which permission is sought) including the periods of such lay-offs , the number of workmen involved in each such lay-off and t he reasons there for. 17. Anticipated savings due to the *proposed la y-off/lay-offs for the continuance of which permission is sought . 18. Any proposa l for effecting savings on accounts of reduction in- (i) mana gerial r emuneration, (ii) sales promotion cost, and (iii) general administration expenses. 19. Position of stocks on last day of each of the months in t he preceding twelve months. 20. Annual sales figur es for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise. 21. Reasons for the *proposed lay-off/lay-offs for the continuance of which per mission is sought. 22. Any specific attempts made so far to avoid the *proposed lay-off/lay-offs for the continuance of which permission is sought.23. Any other relevant factors with deta ils thereof.*Str ike out whatever is inapplicable- 34 - Ex-310/2016 FORM P (See Rule 76)Form of Notice of Retrenchment to be given by an employer under clause (c) of Section 25-F of Industrial Disputes Act, 1947 Name of employer…………………………………………………….Address………………………… Dated the……………………………………..day of………………………………….20……………… To, The Secreta ry to the Government of Mizoram, Labour, Employment & Industrial Training Department. Sir, Under clause(c) of Section 25-F of the Industrial Disputes Act, 1947(14 of 1947), I/we hereby inform you that I/we have decided to retr ench*…………………….. workmen with effect from**……………………for the reasons explained in the Annexure. 2. T he workmen concerned were given on the**………….20………….one month’s notice in writing as required under clause (a) of Section 25-F of tha t Act. Retrenchment is being effected in pur suance of an agreement, a copy of whichis enclosed. The workmen were given on the………………….20………………..one month’s pay in lieu of notice as required under clause (a) of Section 25-F of that Act. 3.The total number of workmen employed in the industrial establishment is***………… and the number of those who will be affected by the retrenchment is given below: ________________________________________________________________________________________ Category a nd designation ofNumber of wor kmen wor kmen to be r etrenched_________________________________________ EmployedTo be retrenched (1) (2) (3) 4.I/we hereby declar e that the workman/wor kmen concerned has/ha ve been/will be paid compensa tion due to them under S ection 25-F of the Act on**…………./the expiry of the notice period. Yours faithfully*Her e inser t the number of wor kmen. **Here insert the date ***Here insert the position which the person who signs this letter holds with the employer issuing the letter. ANNEXURE Statement of Reasons Copy to (1) Labour Commissioner [Here enter office address of the Labour Commissioner in local area concerned.] (2) Deputy Labour Commissioner……………. (3) Employment Officer, Employment Exchange………….(E nter the full address of the Employment Exchange concerned.]- 35 -Ex-310/2016 FORM P-A (To be made in triplicate) [See Rule 76 (2)]Form of notice for permission for retrenchment of workmen to be given by an employer under clause 79[(d)] of sub-section (1) of Section 25-N of the Industrial Disputes Act, 1947 (14 of 1947) To, …………………………………… …………………………………… …………………………………… [T he State Government/Authority specified under clause (c) of sub-section (1 ) of Section 25-N] Sir, Under clause (c) of sub-section (1) of Section 25-N of the Industrial Disputes Act, 1947(14 of 1947), I/we hereby inform you that I/we propose to retrench…………………… wor kmen [being workmen to whom sub-section(1) of Section 25-N applies] with effect from……………………. for the reasons set out in the Annexure. 2.The workmen *concerned ha ve been given notice in writing as r equired under clause (a) of sub- section (1) of Section 25-N /have not been given notice s ince the retrenchment is under an agr eement (copy of which is enclosed) as pr ovided in the proviso to the said cla use. *Str ike out whatever is inapplica ble. 3.The total number of workmen employed in the industrial establishment is……………. and the number of t hose who will be affected by the proposed retrenchment is given below: Category a nd designation ofNumber of wor kmen wor kmen to be r etrenchedEmployed To be retrenchment (1) (2) (3) 4.Permission is solicit ed for the pr oposed retrenchment under clause(c) of sub-section (1) of Section 25-N. 5.I/we hereby declare that the workmen permitted to be retrenched will be paid compensa tion due to them under clause(b) of sub-section(1) of Section 25-N of the Act. Yours faithfully, (Signature) ______________________________________________________________________________________ ANNEXURE (Please give r elies aga ins t each item) Item No. 1.Name of the undertaking with complete postal a ddress, including telegraphic addresses and telephone numb er. 2.Status of undertaking:- (i) Whether Central Public Sector/St ate Public Sector/for eign ma jority company/joint sector. etc. (ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the ext ent of foreign holdings.- 36 - Ex-310/2016 (iii) Whether the underta king is licensed/registration author ity and licence/registration certificate numbers. 3.Names and a ddresses of the workmen proposed to be retrenched and the nature of their duties, the unit s/sections/shops where they are working and the wages dra wn by them. 4.Items of manufacture and scheduled industr y/industries under which they fall. 5.Details relating to installed capacity, licensed capacity and the utilised capacity. 6.(i) Annual production, item-wise for pr eceding three years. (ii) Production figures, month-wise for the preceding twelve months. 7.Work in progress, item-wise and value-wise. 8.Any arrangement regarding off-loa ding or sub-contracting of pr oducts or any components thereof. 9.Position of the order book, item-wise and value-wise for a period of six months and one year next following and for the period after the expiry of the said one year. 10. Number of working days in a week with number of shifts per day and strength of workmen per each shift. 11. Bala nce sheet, profit and loss account and audit reports for the last three years. 12. Fina ncial position of the company. 13. Names of inter-connected company or companies under the same management. 14. (i) The total number of workmen (category-wise) and the number of employees other than workmen as defined in the Industrial Disputes Act , 1947 (14 of 1947) employed in the undertaking. (ii) Percentage of wages of workmen to the total cost of product ion. 15. Administrative, general and selling cost in absolute terms per year for the last three year and percentage thereof to the total cost. 16. Details of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved in ea ch case and the reasons thereof. 17. Has any of the retr enched workman been given re-employment and if so, when? Give deta ils. 18. Are seniority lists maint ained in respect of the categories of workmen proposed to be retrenched and if so, the details and the position of the workmen affected indicating their length of service including broken periods of service? 19. Anticipated savings due to the proposed r etrenchment. 20. Any proposal for effecting savings on account of r eduction in- (i) mana gerial r emuneration. (ii) sales promotion cost, and (iii) general administration expenses. 21. Position of stocks on the last da y of each of the months in the preceding twelve months. 22. Annual sales figur es for the last three years and month-wise sales figures for the preceding twelve months in both item-wise and value-wise. 23. Reasons for the proposed r etrenchment. 24. Any specific attempt made so far to avoid the proposed r etrenchment. 25. Any other relevant factors with deta ils thereof. FORM Q [See Rule 76 (3)]Form of notice of closure to be given by an employer under Section 25-FFA of the Industrial Disputes Act, 1947. Name of employer…………………………………………..Address…………………….. Dated the……………………………………………day of……………………….20………….- 37 -Ex-310/2016 To, The Secreta ry to the Government of Mizoram, Depa rtment of Labour & Employment, Mizor am : Aizawl. Sir, Under Section 25-F FA of the Indu strial Disputes Act, 1947(14 of 1947), I/we hereby inform you that I/we have decided to close down…………………….(name of the undertaking) with effect from……………………………… for the reasons explained in the Annexure. The number of workmen whose services would be terminated on account of the clos ure of the undertaking is ………………………… (number of wor kmen) Yours faithfully, * *(Here insert the position which the person who signs this letter holds with the employer issuing this letter) ANNEXUREStatement of reasons Copy to: (1)The Labour Commissioner…………………………………. (2)The Deputy Commissioner…………………………………. (3)The Assistant Labour Commissioner……………………….. FORM Q-A (To be submitted in triplicate) [See Rule 76 (4)] Form of notice for permission of closure to be given by an employer under sub-section (1) of Section 25-O of the Industrial Disputes Act, 1947(14 of 1947) Date……………………… To The Secreta ry to the Government of Mizoram, Labour, Employment & Industrial Training Department, Mizoram, Aizawl Sir, Under Section 25-C of the Industrial Disputes Act, 1947 (14 of 1947), I/we hereby inform you that I/we propose to close down the undertaking specified below of/(name of the industrial esta blishment). (Give details of the undertaking) …………………………………… …………………………………… ……………………………………- 38 - Ex-310/2016 with effect from……………………………….for the reasons explained in the Annexure. 2. T he number of wor kmen whose services will be t ermina ted on account of the closure of the undertaking is………………………………..(number of workmen). 3.Permission is solicited for the proposed closure. 4.I/we hereby declare that in event of appr oval for the closure being gra nted, every workman in the undertaking to whom sub-s ection(8) of the said section 25-O a pplies shall be paid compensation a s specified in that section. Yours faithfully, (Signature) ANNEXURE (Please give replies aga ins t each item)Item No. 1.Name of the Industr ial esta blishment with complete posta l address, including telegraphic addresses and telephone number. 2.Status of undertaking:- (i) whether central public sector/state public sector/for eign ma jority company/joint sector etc. (ii) if belongs to large industrial house, please indicate the controlling group; and if foreign majority company, indicate the ext end of foreign holdings. (iii) whether the undertaking is licensed/registered and if so, name of licensing/registr ation authority and licence/registr ation certifica te numbers. 3.The total number and categories of workmen affected by the proposed closure along with the addresses of the workmen and the deta ils of wages dr awn by t hem. 4.Item of manufacture and scheduled industry/industries under which they fall. 5.Details relating to licensed capacity, installed capacity and the utilized capacity. 6.(i) Annual production in item-wise for the preceding three years. (ii) Production figures in month-wise for the preceding twelve months. 7.Work in progress, item-wise and value-wise. 8.Any arrangement regarding off-loa ding or sub-contracting of products or any component thereof. 9.Details of persons or the organizations to whom the job/jobs is/are being entrusted-relationship/interest of t he persons/orga nizations with the dir ector/directors or the officer s/officers of the company. 10. Position of the order book, item-wise and value-wise for a period of six months and one year next following and for the period after the expiry of the said one year. 11. Number of working days in a week with the number of shifts per day a nd the strength of wor kmen per each shift. 12. Bala nce-sheet and profit and loss account and audit r eports for the last three years. 13. Fina ncial position of the company. 14. (i) Names of inter-connected company or companies under the same management. (ii) Deta ils about inter-corporate investment and changes during the last one year. (iii) Int erest of any of the dir ector s/officer s of the undertaking pr oducing s ame or similar type of product. 15. Percentage of wages of workmen to the total cost of product ion.- 39 -Ex-310/2016 16. Administr ative, general a nd s elling cost in absolute terms per year for the la st three years a nd percentage thereof to the total cost. 17. Inventory posit ion, item-wise and value-wise for the preceding twelve months (inventories to be shown in respect of finished products, components and ra w-materials to be shown separ ately, item- wise and value-wise) 18. Selling arr angement for the last three years a nd any change in the selling arrangement in preceding twelve months. 19. Full details of the interest of the directors a nd officers of the company in the or ganizations/persons involved in selling products of the undertaking. 20. Buying arrangements for raw materials and components. 21. Interest of the director s a nd officer with the organization involved in buying ra w materials a nd components for the undertaking. 22. Annual sales figures for the three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise. 23. Reasons for the proposed clos ure. 24. Any specific attempts made so far to avoid the closure. 25. Any other relevant factors with deta ils thereof.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 40 - Ex-310/2016

O B I T U A R YDated Aizawl, the 27th August, 2016. With deep and profou nd sorrow, the Government of Mizoram has learnt the premature demise of Pi Janet Zosangpuii, Assistant Professor (Stage- 2), Department of Education, Govt. J.Thankima College at 6:30AM on the 27th August, 2016 in their residence a t Kulikawn, Aizawl. Pi Janet Zosangpuii d/o Lalbiaktha nga was born on 15th July, 1977. She joined her service as Lecturer under Govt. S erchhip College on 01. 06.2007 on contract ba sis and her service was regularized w.e.f. 26.08.2013. She was transferred to Govt. J.Thangkima College w.e.f. 25.08.2014. Later, she was promoted to Assistant Professor (Stage-2) w.e.f. 26.05.2016. She served the Government of Mizoram with utmost sincerity and devotion to duty and endeared herself to the Officers a nd Staff and a lways pr oved herself a s conscientious and hard wor king Lecturer. The Government of Mizoram placed on record its appreciation of t he sincere services rendered by Pi Janet Zosangpuii and conveys its heartfelt sympathy to the bereaved family. She is survived by her husband. MAY HER SOUL REST IN PEACE 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, Friday 2.9.2016 Bhadrapada 11, S.E. 1936, Issue No. 311K. Lal Nghinglova, Commr. & Secretary to the Govt. of Mizoram, Higher & Technical Education Department. Published and Issued by the Controller, Printing & Stationery, 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) 2006-2008VOL - XLV Aizawl, Friday 2.9.2016 Bhadrapada 11, S.E. 1938, Issue No. 312 NOTIFICATIONNo.A.43016/3/2015-PLG, the 31st August, 2016.The Governor of Mizoram is pleased to constitute a State Implementing Committee of the project Support for Statistical Strengthening (SSS) consisting of the following members : 1.Secretary, Planning Department-Chairman 2.Director, Economics & Statistics-Member Secreta ry 3.Secretary, Finance Department or his representative-Member 4.Secretary, RD Department or his representative-Member 5.Secretary, UD & PA Department or his representative-Member 6.Secretary, FCS & CA or his representative-Member 7.Principal Adviser-cum-Addl. Secretary, Planning (RDB)-Member 8.Joint Director, Economics & Statistics-Member The Committee will hold meeting at least once in every quarter and as and when required to plan, evalute and monitor the implementation of the sheme in the State. The Committee will be the apex implementation arm in the State and will take decisions on matters relating to activities, mode of execution, award of tenders, hiring of consultants etc. Wherever required it will take up the matter with the High Level Steering Committee. Terms of Reference will be to : *decide on planning of the activities, their execution and the mode of execution, both for short term and long term period. *coordinate with Line Departments and executing agencies/vendors and the Ministry/Gol, *ensure implementation of all procurement and capital expenditure as per Government procedure. *decide on award of tender to vendors, hiring of consultants, enumerators etc. *monitor the meeting of targets/milestones for all statistical activities *review the implementation by the DES and the executing agencies. Dr. C. Vanlalramsanga, Secretary to the Govt. of Mizoram, Planning & Programme Implementation Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-50.