Criminal Law (Amendment) Ordinance, 2013
NOTIFICATIONNo.H.12017/55/2012-LJD, the 11th March, 2013.The Criminal Law (Amendment) Ordinance, 2013 (Ordinance No. 3 of 2013) is hereby re-published for general information. Zahming thang a Ralte, Deputy Secretary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 2/- per pageVOL - XLII Aizawl, Wednesday 20.3.2013 Phalguna 29, S.E. 1934, Issue No.143 Ex-143/20132 MINISTRY OF LAW AND JUSTICE (Legislative Department) __________ New Delhi, the 3rd February, 2013/Magha 14, 1934 (Saka) THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013 No. 3 OF 2013 Promulgated by the President in the Sixty-fourth Year of the Republic of India. An Ordinance fur ther to amend the India PenalCode, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. WHEREAS a Bill further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 was introduced in the House of the People and referred to the Department related P arliamentar y Standing Committee on Home Affairs for examination and report which is pending: AND WHEREAS Parliament is not in session and the Presi- dent is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the said Bill with certain modifications; NOW, THEREFORE, in exercise of the power s conferred b y cla u se ( 1 ) of a rt icle 1 23 of the C ons tit ut ion, t he Pr esident is p lea sed to promulgate the following Ordinance:- CHAPTER I PRELIMINARY 1. (1) This Ordinance may be called the Criminal Law (Amendment) Ordinance, 2013. (2) It shall come into force at once. CHAPTER II AMENDMENTS TO THE INDIAN PENAL CODE 2. In the Indian Penal Code (hereafter in this Chapter re- ferred to as the Penal Code), in section 100, in the clauseSecondly, after the words “grievous hurt”, the words “including the offence of grievous hurt punishable under section 326A” shall be inserted. 3. After section 166 of the Penal Code, the following section shall be inserted, namely :- “166A. Whoever, being a public servant,- (a ) knowingly disobeys a ny direction of the la w whichShort title and commencement Amendment of section 100. Insertion of new section 166A. Public ser vant disobeying direction under law.45 of 1860. Ex-143/2013 3 prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or (b) knowingly disobeys, to the prejudice of any per son, any other direction of the law regulating the manner in which he shall conduct such investigation, or (c) fails to record any infor mation given to him under sub-section (1) of section 154 of the Code of Criminal Pro- cedure, 1973 and in particular in relation to cognizable of fence punishable under section 354, section 354A, sec- tion 354B, section 354C, sub-section (2) of section 354D, section 376, section 376A, section 376B, section 376C, sec- tion 376D or section 376E, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.”. 4. After section 326 of the Penal Code, the following sec- tions shall be inserted, namely:- ‘326A. Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprison- ment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees: Provided that any fine imposed under this section shall be given to the person on whom acid was thrown or to whom acid was administered. 326B. Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with im- prisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. Explanation 1.-For the purposes of section 326A and this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading t o s ca rs or disfigurement or tempora ry or perma nent disa bility. Explanation 3.- For the purposes of section 326A and this2 of 1974. Inser tion of new sections 326A and 326B. Voluntarily causing grievous hurt by use of acid, etc. Voluntarily throwing or attempting to throw acid. section, permanent or partial damage or deformity shall not be re- quir ed to be irrever sible. ’. 5. In section 354 of the Penal Code, for the words “shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”, the words “shall be punished with imprisonment of either description for a term of one year which may extend to five years and shall also be liable to fine” shall be substituted. 6. After section 354 of the Penal Code, the following sec- tions shall be inserted, namely:- ‘354A. (1) The following acts or behaviour shall constitute the offence of sexual harassment- (i) physical contact and advances involving unwel- come and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) forcibly showing pornography; or (v) any other unwelcome physical, verbal or non- verbal conduct of sexual nature. (2) Any person who commits the offence specified in clause (i) or clause (ii) of sub-section (1) shall be punished with rigorous imprisonment which may extend to five year s, or with fine, or with both. (3) Any person who commits the offence specified in clause (iii) or clause (iv) or clause (v) of sub-section (1) shall be punishable with imprisonment of either description that may extend to one year, or with fine, or with both. 354B. Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked in any public place, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and with fine. 354C. Whoever watches, or captures the image of, a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator shall be pun- ished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either de- scription for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Explanation 1.- For the purposes of this section, “private”Amendment of section 354. Insertion of new sections 354A, 354B, 354C and 354D. Assault or use of criminal force to woman with intent to disr obe. Voyeurism. Ex-143/20134 Sexual harassment and punishment for sexual harass- ment act includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim’s genitals, buttocks or breasts are exposed or cov- ered only in underwear; or the victim is using a lavatory; or the per- son is doing a sexual act that is not of a kind ordinarily done in public. Explanation 2.- Where the victim consents to the capture of images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section. 354D. (1) Whoever follows a person and contacts, or at- tempts to contact such person to foster personal interaction repeat- edly, despite a clear indication of disinterest by such person, or who- ever monitors the use by a person of the internet, email or any other form of electronic communication, or watches or spies on a person in a manner tha t results in a fear of violence or serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking: Provided that the course of conduct will not amount to stalk- ing if the person who pursued it shows- (i) that it was pursued for the purpose of preventing or de- tecting crime and the person accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or (ii) that it was pursued under any law or to comply with any condit ion or r equirement imposed by any person under any law; or (iii) that in the particular circumstances the pursuit of the course of conduct was reasonable. (2) Whoever commits the offence of stalking shall be punished with imprisonment of either description for a term which shall not be less tha n one year but which ma y extend to thr ee years, and shall also be liable to fine.’. 7.For section 370 of the Penal Code, the following sections shall be substituted, namely :- ‘370. (1) Whoever, for the purpose of exploitation, (a) re- cruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- First.-using threats, or Stalking. Substitution of new sections 370 and 370A for section 370. Ttafficking of person. Ex-143/2013 5 Ex-143/20136 Secondly.-using force, or any other form of coercion, or Thirdly.-by abduction, or Fourthly.-by practising fraud, or deception, or Fifthly.-by abuse of power, or Sixthly.-by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recr uited, tra nsported, ha rboured, tra ns- ferred or received, commits the offence of trafficking. Explanation 1.-T he expression “exploitation” shall include, prostitution or other forms of sexual exploitation, forced labour or s er vices , s la ver y or pr a ct ices similar to slavery, s er vit ude, or the for ced removal of organs. Explanation 2.-T he consent of the victim is immaterial in a determination of the offence of trafficking. (2)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. (3)Where the offence involves the trafficking of more that one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (4)Where the offence involves the trafficking of a mi- nor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprison- ment for life. (5)Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life. (6)When a public servant including police officer is in- volved in the trafficking of a minor then such public servant shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life. (7)If a person is convicted of the offence of trafficking of minors, on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life. 370A. (1) Whoever, despite knowing, or having reason to believe that a child has been trafficked, employs such child in any form of labour, shall be punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years, and with fine. (2)Whoever, despite knowing or having reason to be- lieve that an adult has been trafficked, employs such adult for labour, shall be punished with rigorous imprisonment for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.’. 8.For sections 375, 376, 376A, 376B, 376C and 376D of the Penal Code, the following sections shall be substituted, namely:- ‘375. A person is said to commit “sexual assault” if that person- (a) penetrates his penis, to any extent, into the vagina, mouth urethra or anus of another person or makes the person to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of another person or makes the person to do so with him or any other person; or (c) manipulates any part of the body of another person so as to cause penetration into the vagina, urethra, anus or any part of body of such person or makes the person to do so with him or any other person; or (d) applies his mouth to the penis, vagina, anus, urethra of another person or makes such person to do so with him or any other person; (e) touches the vagina, penis, anus or breast of the person or makes the person touch t he vagina, penis, anus or breast of t hat person or any other person, except where such penetration or touching is carried out for proper hygienic or medical purposes under the circumstances falling under any of the following seven descriptions:- First.-Against the other person’s will Secondly.-Without the other person’s consent. Thirdly.-With the other person’s cons ent when such con- E mployin g of a trafficked person. Substitution of new section for sections 375, 376, 376A, 376B, 376C and 376D. Sexual assault.Ex-143/2013 7 sent has been obtained by putting such other person or any person in whom such other person is interested, in fear of death or of hurt. Fourthly.-When the person assaulted is a female, with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes to be lawfully married. Fifthly.-With the consent of the other person when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by that person personally or through another of any stupefying or unwholesome substance, the other per- son is unable to understand the nature and consequences of that action to which such other person gives consent. Sixthly.-With or without the other person’s consent, when such other person is under eighteen years of age. Seventhly.-When the person is unable to communicate consent. Explanation 1.-Penetr ation to any extent is “penetration” for the purposes of this section. Explanation 2.-For the purposes of this section, “vagina” shall also include labia majora. Explanation3. -Consent means an unequivocal volunta ry agreement when the person by words, gestures or any form of non- verbal communication, communicates willingness to participate in the specific act: Provided that, a person who does not physically resist to the act of penetration shall not by the reason only of that fact, be re- garded as consenting to the sexual activity. Exception.-Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault. 376. (1) Whoever, except in the cases provided for by sub- section (2), commits sexual assault, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever,- (a) being a police officer, commits sexual assault- Punishment for sexual assault. Ex-143/20138 (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a person in such police officer ’s custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant,commits sexual assault on a per- son in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed for ces is in the area by virtue of deployment by the Central or a State Government, commits sexual assault; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in for ce or of a women’s or children’s institution,commits sexual assault on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits sexual assault on a person in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards, the person assaulted, commits sexual assault on such person; or (g) commits sexual assault on a woman knowing her to be pregnant; or (h) commits sexual assault on a person when such person is under eighteen years of age; or (i) commits sexual assault, where the person assaulted is incapable of giving consent; or (j) being in a position of economic or social dominance,commits sexual assault on a person under such dominance; or (k) commits sexual assault on a person suffering from men- tal or physical disability; or (l) while committing sexual assault causes grievous bodily harm or maims or disfigures or endangers the life of a person; or (m) commits persistent sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.Ex-143/2013 9 Explanation 1.-For the purposes of this sub-section,- (a) “women’s or children’s institution” means an institution, whether called a n orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children; (b) “hospital” means the precincts of the hospital and in- cludes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical at- tention or rehabilitation; (c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861; (d) “armed forces” means the navel, military and air forces and includes any member of the Ar med Forces cons tituted under any Act for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government. Explanation 2.-Where a person is subjected to sexual as- sault by one or more persons in a group of persons acting in further- ance of their common intention, each of the persons in the group shall be deemed to have committed sexual assault within the mean- ing of this sub-section. 376A. Whoever, commits an offence punishable under sub- section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the person or causes the person to be in a persistent vegetative state, shall be pun- ished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean the remainder of that person’s natural life, or with death. 376B. Whoever commits sexua l assault on his own wife, who is living separately under a decree of separation or under any custom or usage, without her consent,shall be punished with impris- onment of either description, for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. 376C. Whoever,- (a) being in a position of authority or in a fiduciary relation- ship; or (b) a public servant; or 5 of 1861. Punishment for causing death or resulting in persistent vegetative state of the victim. Sexual assault by husband upon his wife during separa- tionEx-143/201310 Sexual inter- course by a person in authority (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or (d) being on the management of a hospital or being on the staff of a hospital, and abuses such position or fiduciary relationship to induce or seduce any person either in the first mentioned person’s custody or under the first mentioned person’s charge or present in the premises and has sexual intercourse with that person, such sexual intercourse not amounting to the offence of sexual assault, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine. Eplanation 1.-In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (c) of section 375. Explanation 2.-For the purposes of this section,Explana- tions1 and 2 to section 375 shall also be applicable. Explanation 3.- Superintendent”, in relation to a jail, re- mand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, re- mand home, place or institution by virtue of which such person can exercise any authority or control over its inmates. Explanation 4.-T he expressions “hospit al” and “women’s or children’s institution” shall respectively have the same meaning as in Explanation 1 to sub-section (2) of section 376. 376D. Where a person is sexually assaulted by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of sexual assault, regardless of gender and shall be pun- ished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life and shall pay com- pensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim. Explanation.-For the purposes of this section, imprisonment for life shall mean imprisonment for the remainder of that person’s natural life. 376E.-Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376C or section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life or with death.’.2 of 1974. Sexual assault by gang. Punishment for repeat of fen der sEx-143/2013 11 “ 9. In section 509 of the Penal Code, for the words “shall be punished with simple inprisonment for a term which may extend to one year, or with fine, or with both”, the words “shall be punished with simple imprisonment for a term which may extend to three years and shall also be liable tofine” shall be substituted. CHAPTER III AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973. 10. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as the Code of Criminal Procedure), in sec- tion 54A, the following proviso shall be inserted, namely:- “Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the per- son arrested using methods that the person is comfortable with: Provided further, that if the person identifying the person arrested is mentally or physically disabled, the identification process may be videographed.”. 11. In section 154 of the Code of Criminal Procedure, in sub- section (1), the following provisos shall be inserted, namely:- “P rovided that if t he informa tion is given by the woman against whom an offence under section 326A, section 326B, section 354, section 375, section 376, section 376A, section 376B, section 376C, section 376D, section 376E and section 509 of the Indian Pe- nal Code is alleged to have been committed or attempted, then such information shall be recorded,as far as possible, by woman police officer and such woman shall be provided legal assistance and also the assista nce of a healthcare worker or women’s orga nisation or both: Provided further that- (a) in the event tha t the person aga inst whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, sub-section (1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code is alleged to have been committed or attempted is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of a special educator or an interpreter, as the ca se may be;Amendment of section 509. Amendment of section 54A. 2 of 1974 Amendment of section 154. 45 of 1860 45 of 1860. Ex-143/201312 (b) the recording of such information may be videographed. (c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.”. 12. In section 160 of the Code of Criminal Procedure, in sub-section (1), in the proviso, for the words “under the age of fif- teen years or woman”, the words “under the age of eighteen years or above the age of sixty-five years or a woman or a physically or mentally disabled person” shall be substituted. 13. In section 161 of the Code of Criminal Procedure, in sub-section (3), after the proviso, the following proviso shall be in- serted, namely:- “P rovided fur ther that the statement of a woma n against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 375, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted shall be recorded, as far as possible, by a woman police officer.”. 14. In section 164 of the Code of Criminal Procedure, after sub-section (5), the following sub-section shall be inserted, namely:- “(5A) (a) In cases punishable under section 354, section 354A, section 354B, sub-section (2) of section 354C, sub-section (1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that if the person making the statement is tempo- rarily or permanently physically or mentally disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: Provided further that if the person making the statement is temporarily or permanently physically or mentally disabled,the state- ment made by the person, with the assistance of an interpreter or special educator, may be videographed: (b) a statement recorded under clause (a) of a person who is temporarily or permanently physically or mentally disabled shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial. Amendment of section 160. Amendment of section 161. 45 of 1860. 45 of 1860.Amendment of section 164. 1 of 1872.Ex-143/2013 13 15. After section 198A of the Code of Criminal Procedure,the following section shall be inserted, namely:- “198B. No Court shall take cognizance of an offence under section 376B of the Indian Penal Code where the persons are in a marital relationship, except uponprima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the accused husband.”. 16. In section 273 of the Code of Criminal Procedure,before theExplanation, the following proviso shall be inserted, namely:- “Provided that where the evidence of a person below the age of eighteen years who is alleged to have been subjected to sexual assault or any other sexual offence, is to be recorded, the court may take appropriate measures t o ensure that such person is not con- fronted by the accused while at the same time ensuring the right of cross-examination of the accused.”. 17. In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures and letters “trial of rape or an offence under section 376, section 376A, section 376B, section 376C, or section 376D of the Indian Penal Code”, the words, figures and letters “trial of sexual assault or an offence under section 376, sec- tion 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code” shall be substituted. 18. In the First Schedule to the Code of Criminal Procedure, under the heading “1.-OFFENCES UNDER THE INDIAN PENAL CODE”,- (a) after the entries r elating to section 166, the following entries shall be inserted, namely:- 123456 “166APublic servant Imprisonment Non-Bailable Magistrate disobeyingfor one yearcognizableof the first direction under or fine or withclass”; lawboth (b) after the entries relating to section 326, the following entries shall be inserted, namely:-Insertion of new section 198B. Cognizance of offence 45 of 1860. Amendment of section 273. Amendment of section 327. Amendment of First Schedule.Ex-143/201314 Ex-143/2013 15 123456 “326AVoluntarilyImprisonment Cognizable Non-Court of causingfor not less thanbailable Session. grievous hurt ten years but by use ofwhich may ex- acid, etc.ten d to impri- sonment for life and fine of 10 lakh rupees. 326BVoluntarilyImprisonment Cognizable Non-Court of throwing orfor five yearsbailable Session. ”. attempting tobut which may throw acid.extend to seven years and fine. (c) for the entries relating to section 354, the following en- tries shall be substituted, namely:- 123456 “354 Assault or useImprisonment Cognizable Non-Any of criminalof 1 year whichbailable Magistrate force to womanmay extend to with intent to5 years, and outrage herwith fine. m o d e s t y. Ex-143/201316 123456 “354A(1) SexualImprisonment Cognizable Non-Any harassment of which maybailable Magistrate. the nature ofextend to 5 unwelcomeyears or with physical con- fine or with tact and ad-both. vances or a demand or request for sexual favours. (2) SexualImprisonment Non-Bailable A n y harassmentwhich mayCognizableMagistrate. of the natureextend to 1 year of makingor with fine or sexually co-with both. loured remark or showing pornography or any other unwelcome physical, verbal or non-verbal conduct of sexual nature. 354BAssault or use Imprisonment Cognizable Non-Any of criminalof not less thanbailable Magistrate. force to woman 3 years but with intentwhich may ex- to disrobe.tend to 7 years and with fine. 354CVoyeurismImprisonment Non-Bailable A n y of not less than cognizable 1 years but which may extend to 3 years and with fine for first conviction. Imprisonment Cognizable Non-Any of not less thanbailable Magistrate. 3 year but which may extend to 7 years and with fine for second or subsequent conviction. 354DStalking.Imprisonment Cognizable Non-Any of not less thanbailableMagistrate” 1 year but which may ex- tend to 3 years and with fine. (d) for the entries relating to sections 370, the following entries shall be substituted, namely:- Ex-143/2013 17 123456 “370(1) Trafficking Imprisonment Cognizable Non-Court of of personless than 7 yearsbailable Session. but which may extend to 10 years and with fin e. (2) Trafficking Imprisonment Cognizable Non-Court of of more thanof not less thanbailable Session. one person10 years but which may ex- tend to imprison- ment for life and with fine. (3)Trafficking Imprisonment Cognizable Non-Court of of a minorof not less thanbailable Session. 10 years but which may ex- .ten d to impri- sonment for life. (4) TraffikingImprisonment Cognizable Non-Court of of more thanof not less thanbailable Session. one minor.14 years but which may extend to impri- sonment for life. (5) PublicImprisonment Cognizable Non-Court of servant or afor life whichbailable Session. police officershall mean the involved inremainder of trafficking ofthat person’s min ornatural life. (6) PersonImprisonment Cognizable Non-Court of convicted ofwhich shallbailable Session. offence ofmean the re- traffiking ofmainder of mior on morethan person ’s than onenatural life. occasion. 370A(1) Employing Imprisonment Cognizable Non-Court of of a trafficked of not less thanbailable Session. child.5 years but which may extend to 7 years and with fine. (2) Employing Imprisonment Cognizable Non-Court of of a trafficked of not less thanbailable Session. adult person. 3 years but which may extend to 7 years and with fine. (e) for the entries relating to sections 376, 376A, 376B, 376C and 376D, the following entries shall be substituted, namely:- Ex-143/201318 123456 376(1) SexualRigorousCognizable Non-Court of assault.imprisonmentbailable Session. of not less than 7 years but which may extend to imprisonment for life and with fine. (2) SexualRigorousCognizable Non-Court of assault by aImprisonmentbailable Session. policeof not less than officer or a10 years but public servant which may or Member of extend to armed forcesimprisonment or a personfor life and being on thewith fine. man agemen t or on the staff of a jail, remand home or other place of custody or women’s or children’s institution or by a person on the managemen- tor on the staff of a hospital, and sexual assault committed by a person in a position of trust or authority towards the person assaulted or by a near relative of the person assaulted. 376APersonRigorousCognizable Non-Court of com mitt ingimprisonmentbailable Session an offenceof not less than of sexual20 years but assault andwhich may inflictingextend to injury wh ichimprisonment causes deathfor life which or causes theshall mean the person to beremainder of in athat person’s persistentnatural life or vegetativewith death. state. Inser tion of new section 53A 1 of 1872. Evidence of character or previous sexual experience not relevant in certain cases. 45 of 1860.Ex-143/2013 19376BSexualImprisonment Cognizable Non-Court of assault byfor not less(but only bailable Session. the husbandthan 2 yearson the upon hisbut which may complaint wife duringextend to 7of the separationyears and with victim) fin e. 376CSexualRigorousCognizable Non-Court of intercourseImprisonmentbailable Session. by a personfor not less in auth or it y.than 5 years but which may extend to 10 years and with fin e. 376DSexualRigorousCognizable Non-Court of assault byimprisonmentbailable Session gang.for not less than 20 years but which may extend to imprisonment for life which shall mean the remainder of that person’s natural life and compensation to the victim. 376ERepeatImprisonment Cognizable Non-Court of offenders.for life whichbailable Session. ”. shall mean the remainder of that person’s natural life or with death. (f) entry relating to section 509, in column 3, for the words “Simple imprisonment for one year, or fine, or both,”, the wor ds “Simple imprisonment for 3 years and with fine” shall be substituted. CHAPTER IV AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 19. After section 53 of the Indian Evidence Act, 1872 (here- after in this Chapter referred to as the Evidence Act), the following section shall be inserted, namely:- “53A. In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, sub-section (1) or sub- section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code or for at- tempt to commit any such offence, where the question of consent is in issue,evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.”. 20. For section 114A of the Evidence Act, the following sec- tion shall be substituted, namely:- ‘114A. In a prosecution for sexual assault under clause (a), clause (b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), clause (j), clause (k), clause (l) or clause (m) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the other person alleged to have been sexually assaulted and such other person states in that person’s evi- dence befor e the court that such person did not consent,the court shall presume that such person did not consent. Explanation.-In this section “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (c) of section 375 of the Indian Penal Code.’. 21. For section 119 of the Evidence Act, the following sec- tion shall be substituted, namely:- “119. A witness who is unable to speak may give his evi- dence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence: Provided that if the witness is unable to communicate ver- bally, the Court shall take the assistance of a special educator or interpreter in recording the statement, and such statement may be videogra phed.”. 22. In section 146 of the Evidence Act, for the proviso, the following proviso shall be substituted, namely:- “Provided that in a prosecution for an offence under sub- section (1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Pe- nal Code or for attempt to commit any such offence, where the ques- tion of consent is an issue, it shall not be permissible to adduce evi- dence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.”. PRANAB MUKHERJEE, President. P.K. MALHOTRA, Secy. to the Govt. of India.Substitution of new section for section 114A Presumption as to absen ce of consent in certain prosecution for sexual assault. 45 of 1860. 45 of 1860. Substitution of new section for section 119. Witness unable to communi- cate verbally. Amendment of section 146. 45 of 1860. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-520Ex-143/201320
NOTIFICATIONNo.H.12017/55/2012-LJD, the 11th March, 2013.The Criminal Law (Amendment) Ordinance, 2013 (Ordinance No. 3 of 2013) is hereby re-published for general information. Zahming thang a Ralte, Deputy Secretary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 2/- per pageVOL - XLII Aizawl, Wednesday 20.3.2013 Phalguna 29, S.E. 1934, Issue No.143 Ex-143/20132 MINISTRY OF LAW AND JUSTICE (Legislative Department) __________ New Delhi, the 3rd February, 2013/Magha 14, 1934 (Saka) THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013 No. 3 OF 2013 Promulgated by the President in the Sixty-fourth Year of the Republic of India. An Ordinance fur ther to amend the India PenalCode, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. WHEREAS a Bill further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 was introduced in the House of the People and referred to the Department related P arliamentar y Standing Committee on Home Affairs for examination and report which is pending: AND WHEREAS Parliament is not in session and the Presi- dent is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the said Bill with certain modifications; NOW, THEREFORE, in exercise of the power s conferred b y cla u se ( 1 ) of a rt icle 1 23 of the C ons tit ut ion, t he Pr esident is p lea sed to promulgate the following Ordinance:- CHAPTER I PRELIMINARY 1. (1) This Ordinance may be called the Criminal Law (Amendment) Ordinance, 2013. (2) It shall come into force at once. CHAPTER II AMENDMENTS TO THE INDIAN PENAL CODE 2. In the Indian Penal Code (hereafter in this Chapter re- ferred to as the Penal Code), in section 100, in the clauseSecondly, after the words “grievous hurt”, the words “including the offence of grievous hurt punishable under section 326A” shall be inserted. 3. After section 166 of the Penal Code, the following section shall be inserted, namely :- “166A. Whoever, being a public servant,- (a ) knowingly disobeys a ny direction of the la w whichShort title and commencement Amendment of section 100. Insertion of new section 166A. Public ser vant disobeying direction under law.45 of 1860. Ex-143/2013 3 prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or (b) knowingly disobeys, to the prejudice of any per son, any other direction of the law regulating the manner in which he shall conduct such investigation, or (c) fails to record any infor mation given to him under sub-section (1) of section 154 of the Code of Criminal Pro- cedure, 1973 and in particular in relation to cognizable of fence punishable under section 354, section 354A, sec- tion 354B, section 354C, sub-section (2) of section 354D, section 376, section 376A, section 376B, section 376C, sec- tion 376D or section 376E, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.”. 4. After section 326 of the Penal Code, the following sec- tions shall be inserted, namely:- ‘326A. Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprison- ment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees: Provided that any fine imposed under this section shall be given to the person on whom acid was thrown or to whom acid was administered. 326B. Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with im- prisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. Explanation 1.-For the purposes of section 326A and this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading t o s ca rs or disfigurement or tempora ry or perma nent disa bility. Explanation 3.- For the purposes of section 326A and this2 of 1974. Inser tion of new sections 326A and 326B. Voluntarily causing grievous hurt by use of acid, etc. Voluntarily throwing or attempting to throw acid. section, permanent or partial damage or deformity shall not be re- quir ed to be irrever sible. ’. 5. In section 354 of the Penal Code, for the words “shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”, the words “shall be punished with imprisonment of either description for a term of one year which may extend to five years and shall also be liable to fine” shall be substituted. 6. After section 354 of the Penal Code, the following sec- tions shall be inserted, namely:- ‘354A. (1) The following acts or behaviour shall constitute the offence of sexual harassment- (i) physical contact and advances involving unwel- come and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) forcibly showing pornography; or (v) any other unwelcome physical, verbal or non- verbal conduct of sexual nature. (2) Any person who commits the offence specified in clause (i) or clause (ii) of sub-section (1) shall be punished with rigorous imprisonment which may extend to five year s, or with fine, or with both. (3) Any person who commits the offence specified in clause (iii) or clause (iv) or clause (v) of sub-section (1) shall be punishable with imprisonment of either description that may extend to one year, or with fine, or with both. 354B. Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked in any public place, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and with fine. 354C. Whoever watches, or captures the image of, a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator shall be pun- ished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either de- scription for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Explanation 1.- For the purposes of this section, “private”Amendment of section 354. Insertion of new sections 354A, 354B, 354C and 354D. Assault or use of criminal force to woman with intent to disr obe. Voyeurism. Ex-143/20134 Sexual harassment and punishment for sexual harass- ment act includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim’s genitals, buttocks or breasts are exposed or cov- ered only in underwear; or the victim is using a lavatory; or the per- son is doing a sexual act that is not of a kind ordinarily done in public. Explanation 2.- Where the victim consents to the capture of images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section. 354D. (1) Whoever follows a person and contacts, or at- tempts to contact such person to foster personal interaction repeat- edly, despite a clear indication of disinterest by such person, or who- ever monitors the use by a person of the internet, email or any other form of electronic communication, or watches or spies on a person in a manner tha t results in a fear of violence or serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking: Provided that the course of conduct will not amount to stalk- ing if the person who pursued it shows- (i) that it was pursued for the purpose of preventing or de- tecting crime and the person accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or (ii) that it was pursued under any law or to comply with any condit ion or r equirement imposed by any person under any law; or (iii) that in the particular circumstances the pursuit of the course of conduct was reasonable. (2) Whoever commits the offence of stalking shall be punished with imprisonment of either description for a term which shall not be less tha n one year but which ma y extend to thr ee years, and shall also be liable to fine.’. 7.For section 370 of the Penal Code, the following sections shall be substituted, namely :- ‘370. (1) Whoever, for the purpose of exploitation, (a) re- cruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- First.-using threats, or Stalking. Substitution of new sections 370 and 370A for section 370. Ttafficking of person. Ex-143/2013 5 Ex-143/20136 Secondly.-using force, or any other form of coercion, or Thirdly.-by abduction, or Fourthly.-by practising fraud, or deception, or Fifthly.-by abuse of power, or Sixthly.-by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recr uited, tra nsported, ha rboured, tra ns- ferred or received, commits the offence of trafficking. Explanation 1.-T he expression “exploitation” shall include, prostitution or other forms of sexual exploitation, forced labour or s er vices , s la ver y or pr a ct ices similar to slavery, s er vit ude, or the for ced removal of organs. Explanation 2.-T he consent of the victim is immaterial in a determination of the offence of trafficking. (2)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. (3)Where the offence involves the trafficking of more that one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (4)Where the offence involves the trafficking of a mi- nor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprison- ment for life. (5)Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life. (6)When a public servant including police officer is in- volved in the trafficking of a minor then such public servant shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life. (7)If a person is convicted of the offence of trafficking of minors, on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life. 370A. (1) Whoever, despite knowing, or having reason to believe that a child has been trafficked, employs such child in any form of labour, shall be punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years, and with fine. (2)Whoever, despite knowing or having reason to be- lieve that an adult has been trafficked, employs such adult for labour, shall be punished with rigorous imprisonment for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.’. 8.For sections 375, 376, 376A, 376B, 376C and 376D of the Penal Code, the following sections shall be substituted, namely:- ‘375. A person is said to commit “sexual assault” if that person- (a) penetrates his penis, to any extent, into the vagina, mouth urethra or anus of another person or makes the person to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of another person or makes the person to do so with him or any other person; or (c) manipulates any part of the body of another person so as to cause penetration into the vagina, urethra, anus or any part of body of such person or makes the person to do so with him or any other person; or (d) applies his mouth to the penis, vagina, anus, urethra of another person or makes such person to do so with him or any other person; (e) touches the vagina, penis, anus or breast of the person or makes the person touch t he vagina, penis, anus or breast of t hat person or any other person, except where such penetration or touching is carried out for proper hygienic or medical purposes under the circumstances falling under any of the following seven descriptions:- First.-Against the other person’s will Secondly.-Without the other person’s consent. Thirdly.-With the other person’s cons ent when such con- E mployin g of a trafficked person. Substitution of new section for sections 375, 376, 376A, 376B, 376C and 376D. Sexual assault.Ex-143/2013 7 sent has been obtained by putting such other person or any person in whom such other person is interested, in fear of death or of hurt. Fourthly.-When the person assaulted is a female, with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes to be lawfully married. Fifthly.-With the consent of the other person when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by that person personally or through another of any stupefying or unwholesome substance, the other per- son is unable to understand the nature and consequences of that action to which such other person gives consent. Sixthly.-With or without the other person’s consent, when such other person is under eighteen years of age. Seventhly.-When the person is unable to communicate consent. Explanation 1.-Penetr ation to any extent is “penetration” for the purposes of this section. Explanation 2.-For the purposes of this section, “vagina” shall also include labia majora. Explanation3. -Consent means an unequivocal volunta ry agreement when the person by words, gestures or any form of non- verbal communication, communicates willingness to participate in the specific act: Provided that, a person who does not physically resist to the act of penetration shall not by the reason only of that fact, be re- garded as consenting to the sexual activity. Exception.-Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault. 376. (1) Whoever, except in the cases provided for by sub- section (2), commits sexual assault, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever,- (a) being a police officer, commits sexual assault- Punishment for sexual assault. Ex-143/20138 (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a person in such police officer ’s custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant,commits sexual assault on a per- son in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed for ces is in the area by virtue of deployment by the Central or a State Government, commits sexual assault; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in for ce or of a women’s or children’s institution,commits sexual assault on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits sexual assault on a person in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards, the person assaulted, commits sexual assault on such person; or (g) commits sexual assault on a woman knowing her to be pregnant; or (h) commits sexual assault on a person when such person is under eighteen years of age; or (i) commits sexual assault, where the person assaulted is incapable of giving consent; or (j) being in a position of economic or social dominance,commits sexual assault on a person under such dominance; or (k) commits sexual assault on a person suffering from men- tal or physical disability; or (l) while committing sexual assault causes grievous bodily harm or maims or disfigures or endangers the life of a person; or (m) commits persistent sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.Ex-143/2013 9 Explanation 1.-For the purposes of this sub-section,- (a) “women’s or children’s institution” means an institution, whether called a n orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children; (b) “hospital” means the precincts of the hospital and in- cludes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical at- tention or rehabilitation; (c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861; (d) “armed forces” means the navel, military and air forces and includes any member of the Ar med Forces cons tituted under any Act for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government. Explanation 2.-Where a person is subjected to sexual as- sault by one or more persons in a group of persons acting in further- ance of their common intention, each of the persons in the group shall be deemed to have committed sexual assault within the mean- ing of this sub-section. 376A. Whoever, commits an offence punishable under sub- section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the person or causes the person to be in a persistent vegetative state, shall be pun- ished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean the remainder of that person’s natural life, or with death. 376B. Whoever commits sexua l assault on his own wife, who is living separately under a decree of separation or under any custom or usage, without her consent,shall be punished with impris- onment of either description, for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. 376C. Whoever,- (a) being in a position of authority or in a fiduciary relation- ship; or (b) a public servant; or 5 of 1861. Punishment for causing death or resulting in persistent vegetative state of the victim. Sexual assault by husband upon his wife during separa- tionEx-143/201310 Sexual inter- course by a person in authority (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or (d) being on the management of a hospital or being on the staff of a hospital, and abuses such position or fiduciary relationship to induce or seduce any person either in the first mentioned person’s custody or under the first mentioned person’s charge or present in the premises and has sexual intercourse with that person, such sexual intercourse not amounting to the offence of sexual assault, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine. Eplanation 1.-In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (c) of section 375. Explanation 2.-For the purposes of this section,Explana- tions1 and 2 to section 375 shall also be applicable. Explanation 3.- Superintendent”, in relation to a jail, re- mand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, re- mand home, place or institution by virtue of which such person can exercise any authority or control over its inmates. Explanation 4.-T he expressions “hospit al” and “women’s or children’s institution” shall respectively have the same meaning as in Explanation 1 to sub-section (2) of section 376. 376D. Where a person is sexually assaulted by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of sexual assault, regardless of gender and shall be pun- ished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life and shall pay com- pensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim. Explanation.-For the purposes of this section, imprisonment for life shall mean imprisonment for the remainder of that person’s natural life. 376E.-Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376C or section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life or with death.’.2 of 1974. Sexual assault by gang. Punishment for repeat of fen der sEx-143/2013 11 “ 9. In section 509 of the Penal Code, for the words “shall be punished with simple inprisonment for a term which may extend to one year, or with fine, or with both”, the words “shall be punished with simple imprisonment for a term which may extend to three years and shall also be liable tofine” shall be substituted. CHAPTER III AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973. 10. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as the Code of Criminal Procedure), in sec- tion 54A, the following proviso shall be inserted, namely:- “Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the per- son arrested using methods that the person is comfortable with: Provided further, that if the person identifying the person arrested is mentally or physically disabled, the identification process may be videographed.”. 11. In section 154 of the Code of Criminal Procedure, in sub- section (1), the following provisos shall be inserted, namely:- “P rovided that if t he informa tion is given by the woman against whom an offence under section 326A, section 326B, section 354, section 375, section 376, section 376A, section 376B, section 376C, section 376D, section 376E and section 509 of the Indian Pe- nal Code is alleged to have been committed or attempted, then such information shall be recorded,as far as possible, by woman police officer and such woman shall be provided legal assistance and also the assista nce of a healthcare worker or women’s orga nisation or both: Provided further that- (a) in the event tha t the person aga inst whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, sub-section (1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code is alleged to have been committed or attempted is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of a special educator or an interpreter, as the ca se may be;Amendment of section 509. Amendment of section 54A. 2 of 1974 Amendment of section 154. 45 of 1860 45 of 1860. Ex-143/201312 (b) the recording of such information may be videographed. (c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.”. 12. In section 160 of the Code of Criminal Procedure, in sub-section (1), in the proviso, for the words “under the age of fif- teen years or woman”, the words “under the age of eighteen years or above the age of sixty-five years or a woman or a physically or mentally disabled person” shall be substituted. 13. In section 161 of the Code of Criminal Procedure, in sub-section (3), after the proviso, the following proviso shall be in- serted, namely:- “P rovided fur ther that the statement of a woma n against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 375, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted shall be recorded, as far as possible, by a woman police officer.”. 14. In section 164 of the Code of Criminal Procedure, after sub-section (5), the following sub-section shall be inserted, namely:- “(5A) (a) In cases punishable under section 354, section 354A, section 354B, sub-section (2) of section 354C, sub-section (1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that if the person making the statement is tempo- rarily or permanently physically or mentally disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: Provided further that if the person making the statement is temporarily or permanently physically or mentally disabled,the state- ment made by the person, with the assistance of an interpreter or special educator, may be videographed: (b) a statement recorded under clause (a) of a person who is temporarily or permanently physically or mentally disabled shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial. Amendment of section 160. Amendment of section 161. 45 of 1860. 45 of 1860.Amendment of section 164. 1 of 1872.Ex-143/2013 13 15. After section 198A of the Code of Criminal Procedure,the following section shall be inserted, namely:- “198B. No Court shall take cognizance of an offence under section 376B of the Indian Penal Code where the persons are in a marital relationship, except uponprima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the accused husband.”. 16. In section 273 of the Code of Criminal Procedure,before theExplanation, the following proviso shall be inserted, namely:- “Provided that where the evidence of a person below the age of eighteen years who is alleged to have been subjected to sexual assault or any other sexual offence, is to be recorded, the court may take appropriate measures t o ensure that such person is not con- fronted by the accused while at the same time ensuring the right of cross-examination of the accused.”. 17. In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures and letters “trial of rape or an offence under section 376, section 376A, section 376B, section 376C, or section 376D of the Indian Penal Code”, the words, figures and letters “trial of sexual assault or an offence under section 376, sec- tion 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code” shall be substituted. 18. In the First Schedule to the Code of Criminal Procedure, under the heading “1.-OFFENCES UNDER THE INDIAN PENAL CODE”,- (a) after the entries r elating to section 166, the following entries shall be inserted, namely:- 123456 “166APublic servant Imprisonment Non-Bailable Magistrate disobeyingfor one yearcognizableof the first direction under or fine or withclass”; lawboth (b) after the entries relating to section 326, the following entries shall be inserted, namely:-Insertion of new section 198B. Cognizance of offence 45 of 1860. Amendment of section 273. Amendment of section 327. Amendment of First Schedule.Ex-143/201314 Ex-143/2013 15 123456 “326AVoluntarilyImprisonment Cognizable Non-Court of causingfor not less thanbailable Session. grievous hurt ten years but by use ofwhich may ex- acid, etc.ten d to impri- sonment for life and fine of 10 lakh rupees. 326BVoluntarilyImprisonment Cognizable Non-Court of throwing orfor five yearsbailable Session. ”. attempting tobut which may throw acid.extend to seven years and fine. (c) for the entries relating to section 354, the following en- tries shall be substituted, namely:- 123456 “354 Assault or useImprisonment Cognizable Non-Any of criminalof 1 year whichbailable Magistrate force to womanmay extend to with intent to5 years, and outrage herwith fine. m o d e s t y. Ex-143/201316 123456 “354A(1) SexualImprisonment Cognizable Non-Any harassment of which maybailable Magistrate. the nature ofextend to 5 unwelcomeyears or with physical con- fine or with tact and ad-both. vances or a demand or request for sexual favours. (2) SexualImprisonment Non-Bailable A n y harassmentwhich mayCognizableMagistrate. of the natureextend to 1 year of makingor with fine or sexually co-with both. loured remark or showing pornography or any other unwelcome physical, verbal or non-verbal conduct of sexual nature. 354BAssault or use Imprisonment Cognizable Non-Any of criminalof not less thanbailable Magistrate. force to woman 3 years but with intentwhich may ex- to disrobe.tend to 7 years and with fine. 354CVoyeurismImprisonment Non-Bailable A n y of not less than cognizable 1 years but which may extend to 3 years and with fine for first conviction. Imprisonment Cognizable Non-Any of not less thanbailable Magistrate. 3 year but which may extend to 7 years and with fine for second or subsequent conviction. 354DStalking.Imprisonment Cognizable Non-Any of not less thanbailableMagistrate” 1 year but which may ex- tend to 3 years and with fine. (d) for the entries relating to sections 370, the following entries shall be substituted, namely:- Ex-143/2013 17 123456 “370(1) Trafficking Imprisonment Cognizable Non-Court of of personless than 7 yearsbailable Session. but which may extend to 10 years and with fin e. (2) Trafficking Imprisonment Cognizable Non-Court of of more thanof not less thanbailable Session. one person10 years but which may ex- tend to imprison- ment for life and with fine. (3)Trafficking Imprisonment Cognizable Non-Court of of a minorof not less thanbailable Session. 10 years but which may ex- .ten d to impri- sonment for life. (4) TraffikingImprisonment Cognizable Non-Court of of more thanof not less thanbailable Session. one minor.14 years but which may extend to impri- sonment for life. (5) PublicImprisonment Cognizable Non-Court of servant or afor life whichbailable Session. police officershall mean the involved inremainder of trafficking ofthat person’s min ornatural life. (6) PersonImprisonment Cognizable Non-Court of convicted ofwhich shallbailable Session. offence ofmean the re- traffiking ofmainder of mior on morethan person ’s than onenatural life. occasion. 370A(1) Employing Imprisonment Cognizable Non-Court of of a trafficked of not less thanbailable Session. child.5 years but which may extend to 7 years and with fine. (2) Employing Imprisonment Cognizable Non-Court of of a trafficked of not less thanbailable Session. adult person. 3 years but which may extend to 7 years and with fine. (e) for the entries relating to sections 376, 376A, 376B, 376C and 376D, the following entries shall be substituted, namely:- Ex-143/201318 123456 376(1) SexualRigorousCognizable Non-Court of assault.imprisonmentbailable Session. of not less than 7 years but which may extend to imprisonment for life and with fine. (2) SexualRigorousCognizable Non-Court of assault by aImprisonmentbailable Session. policeof not less than officer or a10 years but public servant which may or Member of extend to armed forcesimprisonment or a personfor life and being on thewith fine. man agemen t or on the staff of a jail, remand home or other place of custody or women’s or children’s institution or by a person on the managemen- tor on the staff of a hospital, and sexual assault committed by a person in a position of trust or authority towards the person assaulted or by a near relative of the person assaulted. 376APersonRigorousCognizable Non-Court of com mitt ingimprisonmentbailable Session an offenceof not less than of sexual20 years but assault andwhich may inflictingextend to injury wh ichimprisonment causes deathfor life which or causes theshall mean the person to beremainder of in athat person’s persistentnatural life or vegetativewith death. state. Inser tion of new section 53A 1 of 1872. Evidence of character or previous sexual experience not relevant in certain cases. 45 of 1860.Ex-143/2013 19376BSexualImprisonment Cognizable Non-Court of assault byfor not less(but only bailable Session. the husbandthan 2 yearson the upon hisbut which may complaint wife duringextend to 7of the separationyears and with victim) fin e. 376CSexualRigorousCognizable Non-Court of intercourseImprisonmentbailable Session. by a personfor not less in auth or it y.than 5 years but which may extend to 10 years and with fin e. 376DSexualRigorousCognizable Non-Court of assault byimprisonmentbailable Session gang.for not less than 20 years but which may extend to imprisonment for life which shall mean the remainder of that person’s natural life and compensation to the victim. 376ERepeatImprisonment Cognizable Non-Court of offenders.for life whichbailable Session. ”. shall mean the remainder of that person’s natural life or with death. (f) entry relating to section 509, in column 3, for the words “Simple imprisonment for one year, or fine, or both,”, the wor ds “Simple imprisonment for 3 years and with fine” shall be substituted. CHAPTER IV AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 19. After section 53 of the Indian Evidence Act, 1872 (here- after in this Chapter referred to as the Evidence Act), the following section shall be inserted, namely:- “53A. In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, sub-section (1) or sub- section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code or for at- tempt to commit any such offence, where the question of consent is in issue,evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.”. 20. For section 114A of the Evidence Act, the following sec- tion shall be substituted, namely:- ‘114A. In a prosecution for sexual assault under clause (a), clause (b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), clause (j), clause (k), clause (l) or clause (m) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the other person alleged to have been sexually assaulted and such other person states in that person’s evi- dence befor e the court that such person did not consent,the court shall presume that such person did not consent. Explanation.-In this section “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (c) of section 375 of the Indian Penal Code.’. 21. For section 119 of the Evidence Act, the following sec- tion shall be substituted, namely:- “119. A witness who is unable to speak may give his evi- dence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence: Provided that if the witness is unable to communicate ver- bally, the Court shall take the assistance of a special educator or interpreter in recording the statement, and such statement may be videogra phed.”. 22. In section 146 of the Evidence Act, for the proviso, the following proviso shall be substituted, namely:- “Provided that in a prosecution for an offence under sub- section (1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Pe- nal Code or for attempt to commit any such offence, where the ques- tion of consent is an issue, it shall not be permissible to adduce evi- dence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.”. PRANAB MUKHERJEE, President. P.K. MALHOTRA, Secy. to the Govt. of India.Substitution of new section for section 114A Presumption as to absen ce of consent in certain prosecution for sexual assault. 45 of 1860. 45 of 1860. Substitution of new section for section 119. Witness unable to communi- cate verbally. Amendment of section 146. 45 of 1860. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-520Ex-143/201320Execution of works by the non-Works Departments having technical personnel
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 142 NOTIFICATIONNo. G. 17012/1/2009-F. Est/28-29, 7th March, 2013.In supersession of this Depar tment’s Notification No. G. 17012/1/2009-F. Est dt. 22.3.2010 and in partial modification of Notification No. G. 17012/1/2003-F. Est dt. 1. 9.2011, the Governor of Mizor am is pleased to order delegation of powers for Execution of works by the non-Wor ks Depa rtments having technical personnel a s follows : 1.Depa rtment having Technical Wing headed by Officer of the LevelRs. 100.00 lakhs of S uperintending Engineer.(p reviously Rs. 50 lakhs) 2.Depa rtment having Technica l Wing headed by Officer of t he level ofRs. 60.00 lakhs Executive Engineer or equivalent officers having technical qualification(p reviously Rs. 30 lakhs) in Civil Engineering. 3.Depa rtment having Technica l Wing headed by an officer of the levelRs. 30.00 lakhs of AE/SDO/or equiva lent officer ha ving appropria te technical(p reviously Rs. 15 lakhs) qualification in Civil Engineering. 4.Depa rtment having Technica l Wing headed by and officer of the level Rs. 10.00 lakhs of Junior Engineer or equivalent officer having appropria te technical(previously Rs. 5 la khs) qualification in Civil Engineering The above powers are delegated subject to the following terms and conditions : a)The Technica l Wings of non-Works Departments mentioned above should not only ha ve qualified officers as specified, but also be supported by technical staff and officials of appropriate technical expertise a nd qualifications. b)For all works relating to construction of RCC Storied Building or complicated structures, or all estimates costing more than Rs. 15 lakhs, the estimate should be scrutinized and technically sanctioned by CE/SE in the office of CE (Building) or CE (Roads) as the case may be. Such countersigna ture should not be construed as ‘No Objection’ for execution beyond the delegation of power shown a bove. c)Splitting of estimates to bring the amounts within the ceiling limit is strict ly not permissible. d)Provisions of Rule 129 of GFR, 2005 mentioned below must be scrupulously followed : 1)No works shall be commenced or liability incurred in connection with it until,- i)administrative approval has been obtained from the appropriate authority in each case; ii)sanction to incur expenditure has been obtained from the competent authority; iii)a properly detailed design has been sanctioned.} } } } - 2 - Ex-142/2013 iv)estimates containing the detailed specifications and quantities of various items have been prepared on the basis of the Schedule of Rates maintained by CPWD or other Public Works Organisations and sanctioned; v)funds to cover the charge during the year have been provided by competent authority; vi)tenders invited and processed in accordance with rules; vii)a Work Order issued. 2)On grounds of urgency or otherwise, if it becomes necessary to carry out a work or incur a liability under circumstances when the provisions set out under sub-rule (1) of rule 129 cannot be complied with, concerned executive officer may do so on his own judgement and responsibility. Simultaneously, he should initiate action to obtain approval from the competent authority and also to intimate the concerned Accounts Officer. 3)Any development of a project considered necessary while a work is in progress, which is not contingent on the execution of work as first sanctioned, shall have to be convered by a supplementary estimate. e)Provision of Rule 131 and 132 of General Financial Rules, 2005 and a ll other codal formalities should be strictly observed. It is empha sized that open tender must be invit ed in a ll Civil Works, if the technical estimate is Rs. 5 lakhs or more, and limited tender should be invited for works cos ting less than 5 lakhs. f)Devia tion from the delegation of powers without the concur rence of Finance Depa rtment will enta il rejection of the bills in the treasur ies. F. Vanlalruata, Secr etary to the Govt. of Mizoram, Fina nce Dep art ment.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 142 NOTIFICATIONNo. G. 17012/1/2009-F. Est/28-29, 7th March, 2013.In supersession of this Depar tment’s Notification No. G. 17012/1/2009-F. Est dt. 22.3.2010 and in partial modification of Notification No. G. 17012/1/2003-F. Est dt. 1. 9.2011, the Governor of Mizor am is pleased to order delegation of powers for Execution of works by the non-Wor ks Depa rtments having technical personnel a s follows : 1.Depa rtment having Technical Wing headed by Officer of the LevelRs. 100.00 lakhs of S uperintending Engineer.(p reviously Rs. 50 lakhs) 2.Depa rtment having Technica l Wing headed by Officer of t he level ofRs. 60.00 lakhs Executive Engineer or equivalent officers having technical qualification(p reviously Rs. 30 lakhs) in Civil Engineering. 3.Depa rtment having Technica l Wing headed by an officer of the levelRs. 30.00 lakhs of AE/SDO/or equiva lent officer ha ving appropria te technical(p reviously Rs. 15 lakhs) qualification in Civil Engineering. 4.Depa rtment having Technica l Wing headed by and officer of the level Rs. 10.00 lakhs of Junior Engineer or equivalent officer having appropria te technical(previously Rs. 5 la khs) qualification in Civil Engineering The above powers are delegated subject to the following terms and conditions : a)The Technica l Wings of non-Works Departments mentioned above should not only ha ve qualified officers as specified, but also be supported by technical staff and officials of appropriate technical expertise a nd qualifications. b)For all works relating to construction of RCC Storied Building or complicated structures, or all estimates costing more than Rs. 15 lakhs, the estimate should be scrutinized and technically sanctioned by CE/SE in the office of CE (Building) or CE (Roads) as the case may be. Such countersigna ture should not be construed as ‘No Objection’ for execution beyond the delegation of power shown a bove. c)Splitting of estimates to bring the amounts within the ceiling limit is strict ly not permissible. d)Provisions of Rule 129 of GFR, 2005 mentioned below must be scrupulously followed : 1)No works shall be commenced or liability incurred in connection with it until,- i)administrative approval has been obtained from the appropriate authority in each case; ii)sanction to incur expenditure has been obtained from the competent authority; iii)a properly detailed design has been sanctioned.} } } } - 2 - Ex-142/2013 iv)estimates containing the detailed specifications and quantities of various items have been prepared on the basis of the Schedule of Rates maintained by CPWD or other Public Works Organisations and sanctioned; v)funds to cover the charge during the year have been provided by competent authority; vi)tenders invited and processed in accordance with rules; vii)a Work Order issued. 2)On grounds of urgency or otherwise, if it becomes necessary to carry out a work or incur a liability under circumstances when the provisions set out under sub-rule (1) of rule 129 cannot be complied with, concerned executive officer may do so on his own judgement and responsibility. Simultaneously, he should initiate action to obtain approval from the competent authority and also to intimate the concerned Accounts Officer. 3)Any development of a project considered necessary while a work is in progress, which is not contingent on the execution of work as first sanctioned, shall have to be convered by a supplementary estimate. e)Provision of Rule 131 and 132 of General Financial Rules, 2005 and a ll other codal formalities should be strictly observed. It is empha sized that open tender must be invit ed in a ll Civil Works, if the technical estimate is Rs. 5 lakhs or more, and limited tender should be invited for works cos ting less than 5 lakhs. f)Devia tion from the delegation of powers without the concur rence of Finance Depa rtment will enta il rejection of the bills in the treasur ies. F. Vanlalruata, Secr etary to the Govt. of Mizoram, Fina nce Dep art ment.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Acquisition of land for construction of road from Zawngling-Mawhre-Chapui.
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 141 NOTIFICATIONNo. K. 12011/50/13-REV, 14th March, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for construction of road fr om Zawngling-Ma whre-Cha pui. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner /Collector, Saiha District, within a period of 30 da ys from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SAIHADescription of land Approximate Area. Str etches of land from Za wngling-Mawhre-Chappui 00 km - 20.00 km.20 kms. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 141 NOTIFICATIONNo. K. 12011/50/13-REV, 14th March, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for construction of road fr om Zawngling-Ma whre-Cha pui. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner /Collector, Saiha District, within a period of 30 da ys from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SAIHADescription of land Approximate Area. Str etches of land from Za wngling-Mawhre-Chappui 00 km - 20.00 km.20 kms. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Acquisition of land for construction of road from Kawlchaw-Phura-Tongkalong.
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 140 NOTIFICATIONNo. K. 12011/49/13-REV, 14th March, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for construction of road from Kawlchaw-Phura-Tongkalong. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner /Collector, Saiha District, within a period of 30 da ys from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SAIHADescription of land Approximate Area. Stretches of land from Kawlchaw-P hura-Tongkalong 00 km - 20.00 km.20 kms. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 140 NOTIFICATIONNo. K. 12011/49/13-REV, 14th March, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for construction of road from Kawlchaw-Phura-Tongkalong. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner /Collector, Saiha District, within a period of 30 da ys from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SAIHADescription of land Approximate Area. Stretches of land from Kawlchaw-P hura-Tongkalong 00 km - 20.00 km.20 kms. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Acquisition of land for construction of road from Tuipang - Laki - Lungpuk
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 139 NOTIFICATIONNo. K. 12011/48/13-REV, 14th March, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for construction of road from Tuipa ng - Laki - Lungpuk. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner /Collector, Saiha District, within a period of 30 da ys from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SERCHHIPDescription of land Approximate Area. Stretches of land from Tuipang-Laki-Lungpuk 40.00 km - 57.00 km.18 kms. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 139 NOTIFICATIONNo. K. 12011/48/13-REV, 14th March, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for construction of road from Tuipa ng - Laki - Lungpuk. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner /Collector, Saiha District, within a period of 30 da ys from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SERCHHIPDescription of land Approximate Area. Stretches of land from Tuipang-Laki-Lungpuk 40.00 km - 57.00 km.18 kms. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Acquisition of Land for establishment of rural Slaughter House at Champhai.
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 138 NOTIFICATIONNo. K. 12011/5/2012-REV, 14th March, 2013.Whereas by the Government No. K. 12011/40/ 2012-REV dt. 31.7.2012 published in the official Gazette and two daily newspapers, it was notified under section 4 of the La nd Acquisition Act, 1894 (Central) Act 1 of 1894 (hereinafter refer red to as the “ said land”) that the land specified in the schedule appended to the said Notification wa s likely to be needed for the purpose namely - Acquisition of Land for est ablishment of r ural Slaughter House a t Champhai. Now, therefor e, the Government declares under section 6 of the said Act that the said land is required for the public purpose specified above and as per scheduled indicated below. The Government now appoints the Deputy Commissioner, Champhai under clause (C) of section 3 of the said Act to perform the functions of a Collector for all proceedings hereinaftr to be taken in respect of the said land and directs him under section 7 of the said Act to take order for the acquisition of the said land. The Collect or shall there upon ca use the land to be measured and make a plan of the same under Section 8 of the sa id Act if not already done as per section 4 of the said Act, and dispose of all obejct ions and claims after ca using a public notice for not less than 15 days to the persons int erested stating the Government’s intention of taking over the possession of the sa id land as per section 9 of the said Act. T hen, the Collect or shall submit a Dra ft Awar d to the Government of Mizora m after fulfilling the provisions under section 11 of the said Act read with Mizoram Land Acquisition Rules, 2010. A plan of the same can be inspected at the Office of the Deputy Commissioner, Champhai till the fina l award is made under section 11 of the said Act. SCHEDULEDISTRICT : CHAMPHAIDescription of landStatus of Pass & No.Approximate Area/length. A plot of land belonging toAgril. LSC No.3.90 bighas Pu Chawngvawra, ZemabawkCHPI/CAD/A-23 of 1993 R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 138 NOTIFICATIONNo. K. 12011/5/2012-REV, 14th March, 2013.Whereas by the Government No. K. 12011/40/ 2012-REV dt. 31.7.2012 published in the official Gazette and two daily newspapers, it was notified under section 4 of the La nd Acquisition Act, 1894 (Central) Act 1 of 1894 (hereinafter refer red to as the “ said land”) that the land specified in the schedule appended to the said Notification wa s likely to be needed for the purpose namely - Acquisition of Land for est ablishment of r ural Slaughter House a t Champhai. Now, therefor e, the Government declares under section 6 of the said Act that the said land is required for the public purpose specified above and as per scheduled indicated below. The Government now appoints the Deputy Commissioner, Champhai under clause (C) of section 3 of the said Act to perform the functions of a Collector for all proceedings hereinaftr to be taken in respect of the said land and directs him under section 7 of the said Act to take order for the acquisition of the said land. The Collect or shall there upon ca use the land to be measured and make a plan of the same under Section 8 of the sa id Act if not already done as per section 4 of the said Act, and dispose of all obejct ions and claims after ca using a public notice for not less than 15 days to the persons int erested stating the Government’s intention of taking over the possession of the sa id land as per section 9 of the said Act. T hen, the Collect or shall submit a Dra ft Awar d to the Government of Mizora m after fulfilling the provisions under section 11 of the said Act read with Mizoram Land Acquisition Rules, 2010. A plan of the same can be inspected at the Office of the Deputy Commissioner, Champhai till the fina l award is made under section 11 of the said Act. SCHEDULEDISTRICT : CHAMPHAIDescription of landStatus of Pass & No.Approximate Area/length. A plot of land belonging toAgril. LSC No.3.90 bighas Pu Chawngvawra, ZemabawkCHPI/CAD/A-23 of 1993 R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Elector’s Photo Identity Card (EPIC)
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 137 ORDERNo. B. 12021/1/2012-SEC/CADC, the 13th March, 2013. 1.WHEREAS, Section 61 of the Representation of the People Act, 1951 provides that with a view to pr eventing impersona tion of elector s, so a s to make the right of genuine electors to vote under Section 62 of that Act mor e effective, pr ovisions may be made by rules under that Act for use of Elector ’s P hoto Identity Card (E PIC) for electors as the means of establishing their identity at the time of polling; and 2.WHEREAS, Rule 28 of the Registration of Electors Rules, 1960, empowers the Election Commission of India to direct, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, the issue of EPIC to electors bear ing their photographs at State cost; and 3.WHEREAS, Rules 49H (3) and 49K (2) (b) of the Conduct of Elections Rules, 1961, stipulate that where the electors of a constituency ha ve been supplied with EPIC under the said provisions of Rule 28 of the Registration of Electors Rules, 1960, the electors shall produce their Electors Photo Identity Card at the polling station and failure or refusal on their part to produce those Electors Photo Identity Card may result in the denial of permission to vote; and 4.WHEREAS, a combined and ha rmonious reading of the aforesaid pr ovisions of the said Act and the Rules, makes it clear tha t a lthough the right to vote arises by the existence of the name in t he electoral roll, it is also dependent upon the use of the EPIC where provided by the Election Commission of India at State cost, a s the means of establishing t heir identity at the time of polling and that both are to be used together; and 5.WHEREAS, the Election Commission of India made a n Order on the 28th August, 1993, directing the issue of EP IC to all electors, accor ding to a time bound progr amme and the State Election Commission, Mizora m has taken note that the election machiner y of La wngtlai District, Mizoram have issued the EP IC to all elect ors in the Cha kma Autonomous District Council area under 36 - Tuichawng Assembly Constituency; and 6.WHEREAS, as provided under Rule 147 of the Chakma Autonomous District Council (Constitution,Conduct of Business, etc) Rules, 2002 as amended in 2012, the State Election Commission has adopted the Electoral Rolls of a Constituency of the Mizora m Legislative Assembly prepared in accordance with the provisions of Section 23 of the Representation of the People Act,1950 (No.43 of 1950) in as much as it relates to the areas comprised within t he constituencies of the Distr ict Council - 2 - Ex-137/2013 of Chakma Autonomous Distr ict as the electoral r oll for the purposes of the forthcoming General Election to the Cha kma Aut onomous District Council,2013; and 7.WHEREAS, the State Election Commission is of the view that the tr iumph of democr acy can best be achieved through greater participation of the elect ors as well as free a nd fair elections and the State Election Commission, as a Constitutional Body, ha s also to make this turn around possible through a well-thought-ou t strategy in the for thcoming Gener al Election to Chakma Autonomous District Council, 2013; 8.NOW, THEREFORE, after taking into account all relevant factors as aforementioned and in exer cise of the powers conferred under Article 243ZA of the C onstitution of India read with sub-rule (5) of Rule 7 of the Chakma Autonomous District Council (Constitution, Conduct of Business, etc) Rules, 2002 as amended in 2012, the Sta te Election Commission hereby orders that theVoter Slip with Photograph(VSP) should be issued to each and ever y elector to fa cilitate the voter to know where he is enrolled as a voter at a given location of polling station and what is his voter ’s serial number in the said R oll. Accordingly, the EPIC and the VSP will be the only documents permitted as an identity proof of the voter and all electors of M DC Constituencies in C hakma Autonomous District Council area shall produce their EPIC or VSPfor establishing their identity before casting their votes in t he forthcoming General Election to Chakma Autonomous Distr ict Council, 2013. 9.The Commission further issues the following instructions for effective implementation of the above orders - 1)The VSP should not be used as an alternative to the EPIC as it is to be issued only as convenience to electors; 2)If an elector produces an EPIC, which has been issued by the Electoral Registration Officer of a nother Assembly Constituency, other than 36 -Tuichawng Assembly Constit uency, such EPIC shall also be taken into account provided t he name of that elector finds place in the electoral roll pertaining t o the polling s tation where the elect or has turned up for voting. Minor discrepancies in the entries in the EPIC should be ignor ed and the elector allowed to vote provided the identity of the elect or can be established by means of the EPIC or VSP; 3)If any of the photo in the EPIC and the photo in the VSP does not match, the elector shall have to produce any other identity pr oof wit h photograph issued by the competent authority of the Central or S tate Government for est ablishing his/her identity; 4)The RO/ARO concerned shall issue VSP only after proper authentication as per the format enclos ed; 5)The DEO sha ll appoint a Station Officer, who is well conversa nt with prepar ation of Electoral Rolls, for each P olling Station to distr ibute VSP to all the elector s and look aft er a VSP Facilitation Desk outside the Polling Booth on Poll day, and to render necessar y assista nce to the Polling Pa r t y; 6)The VSP be distributed to all enrolled voters by Distr ict election machiner y through Sta tion Officers positively one day ahead of poll day. 10. Notwithstanding anything contained in Par a 9 above, there may, however, be instances, tha t the voter might have misplaced EPIC and VSP. Since the Commission’s endeavour is not to deprive any voter from casting his vote, the Commission has dir ected that an a dditional copy of VSP would be kept at a Fa cilitation Centre out side the Polling Booth so that those voters who have misplaced their VSP and EPIC ca n collect it a t the polling booth itself. By order and in the name of the St ate Election Commissioner, H. Darzika, Secretary, State Election Commission, Mizoram Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500________________________ Name and Signature of Station Officer General Election to Chakma Autonomous District Council, 2013 Voter Slip No. and Name of Constituency .................................................... Part No ................................................................................ Name .................................................................................... Sex ............................. EPIC No. ............................................................................... Father’s/Mother’s/Husband’s name .............................................................. Voter Serial Number .................................................................................... Polling Station No. & Name ......................................................................... Poll Date, Day and Time .............................................................................. Signature and Stamp of RO/AROPHOTO Date: _______________ ________________________ Name and Signature of Station Officer General Election to Chakma Autonomous District Council, 2013 Voter Slip No. and Name of Constituency .................................................... Part No ................................................................................ Name .................................................................................... Sex ............................. EPIC No. ............................................................................... Father’s/Mother’s/Husband’s name .......................................................... Voter Serial Number ................................................................................ Polling Station No. & Name ...................................................................... Poll Date, Day and Time .......................................................................... Signature and Stamp of RO/AROPHOTO Date: _______________- 3 -Ex-137/2013
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 15.3.2013 Phalguna 26, S.E. 1934, Issue No. 137 ORDERNo. B. 12021/1/2012-SEC/CADC, the 13th March, 2013. 1.WHEREAS, Section 61 of the Representation of the People Act, 1951 provides that with a view to pr eventing impersona tion of elector s, so a s to make the right of genuine electors to vote under Section 62 of that Act mor e effective, pr ovisions may be made by rules under that Act for use of Elector ’s P hoto Identity Card (E PIC) for electors as the means of establishing their identity at the time of polling; and 2.WHEREAS, Rule 28 of the Registration of Electors Rules, 1960, empowers the Election Commission of India to direct, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, the issue of EPIC to electors bear ing their photographs at State cost; and 3.WHEREAS, Rules 49H (3) and 49K (2) (b) of the Conduct of Elections Rules, 1961, stipulate that where the electors of a constituency ha ve been supplied with EPIC under the said provisions of Rule 28 of the Registration of Electors Rules, 1960, the electors shall produce their Electors Photo Identity Card at the polling station and failure or refusal on their part to produce those Electors Photo Identity Card may result in the denial of permission to vote; and 4.WHEREAS, a combined and ha rmonious reading of the aforesaid pr ovisions of the said Act and the Rules, makes it clear tha t a lthough the right to vote arises by the existence of the name in t he electoral roll, it is also dependent upon the use of the EPIC where provided by the Election Commission of India at State cost, a s the means of establishing t heir identity at the time of polling and that both are to be used together; and 5.WHEREAS, the Election Commission of India made a n Order on the 28th August, 1993, directing the issue of EP IC to all electors, accor ding to a time bound progr amme and the State Election Commission, Mizora m has taken note that the election machiner y of La wngtlai District, Mizoram have issued the EP IC to all elect ors in the Cha kma Autonomous District Council area under 36 - Tuichawng Assembly Constituency; and 6.WHEREAS, as provided under Rule 147 of the Chakma Autonomous District Council (Constitution,Conduct of Business, etc) Rules, 2002 as amended in 2012, the State Election Commission has adopted the Electoral Rolls of a Constituency of the Mizora m Legislative Assembly prepared in accordance with the provisions of Section 23 of the Representation of the People Act,1950 (No.43 of 1950) in as much as it relates to the areas comprised within t he constituencies of the Distr ict Council - 2 - Ex-137/2013 of Chakma Autonomous Distr ict as the electoral r oll for the purposes of the forthcoming General Election to the Cha kma Aut onomous District Council,2013; and 7.WHEREAS, the State Election Commission is of the view that the tr iumph of democr acy can best be achieved through greater participation of the elect ors as well as free a nd fair elections and the State Election Commission, as a Constitutional Body, ha s also to make this turn around possible through a well-thought-ou t strategy in the for thcoming Gener al Election to Chakma Autonomous District Council, 2013; 8.NOW, THEREFORE, after taking into account all relevant factors as aforementioned and in exer cise of the powers conferred under Article 243ZA of the C onstitution of India read with sub-rule (5) of Rule 7 of the Chakma Autonomous District Council (Constitution, Conduct of Business, etc) Rules, 2002 as amended in 2012, the Sta te Election Commission hereby orders that theVoter Slip with Photograph(VSP) should be issued to each and ever y elector to fa cilitate the voter to know where he is enrolled as a voter at a given location of polling station and what is his voter ’s serial number in the said R oll. Accordingly, the EPIC and the VSP will be the only documents permitted as an identity proof of the voter and all electors of M DC Constituencies in C hakma Autonomous District Council area shall produce their EPIC or VSPfor establishing their identity before casting their votes in t he forthcoming General Election to Chakma Autonomous Distr ict Council, 2013. 9.The Commission further issues the following instructions for effective implementation of the above orders - 1)The VSP should not be used as an alternative to the EPIC as it is to be issued only as convenience to electors; 2)If an elector produces an EPIC, which has been issued by the Electoral Registration Officer of a nother Assembly Constituency, other than 36 -Tuichawng Assembly Constit uency, such EPIC shall also be taken into account provided t he name of that elector finds place in the electoral roll pertaining t o the polling s tation where the elect or has turned up for voting. Minor discrepancies in the entries in the EPIC should be ignor ed and the elector allowed to vote provided the identity of the elect or can be established by means of the EPIC or VSP; 3)If any of the photo in the EPIC and the photo in the VSP does not match, the elector shall have to produce any other identity pr oof wit h photograph issued by the competent authority of the Central or S tate Government for est ablishing his/her identity; 4)The RO/ARO concerned shall issue VSP only after proper authentication as per the format enclos ed; 5)The DEO sha ll appoint a Station Officer, who is well conversa nt with prepar ation of Electoral Rolls, for each P olling Station to distr ibute VSP to all the elector s and look aft er a VSP Facilitation Desk outside the Polling Booth on Poll day, and to render necessar y assista nce to the Polling Pa r t y; 6)The VSP be distributed to all enrolled voters by Distr ict election machiner y through Sta tion Officers positively one day ahead of poll day. 10. Notwithstanding anything contained in Par a 9 above, there may, however, be instances, tha t the voter might have misplaced EPIC and VSP. Since the Commission’s endeavour is not to deprive any voter from casting his vote, the Commission has dir ected that an a dditional copy of VSP would be kept at a Fa cilitation Centre out side the Polling Booth so that those voters who have misplaced their VSP and EPIC ca n collect it a t the polling booth itself. By order and in the name of the St ate Election Commissioner, H. Darzika, Secretary, State Election Commission, Mizoram Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500________________________ Name and Signature of Station Officer General Election to Chakma Autonomous District Council, 2013 Voter Slip No. and Name of Constituency .................................................... Part No ................................................................................ Name .................................................................................... Sex ............................. EPIC No. ............................................................................... Father’s/Mother’s/Husband’s name .............................................................. Voter Serial Number .................................................................................... Polling Station No. & Name ......................................................................... Poll Date, Day and Time .............................................................................. Signature and Stamp of RO/AROPHOTO Date: _______________ ________________________ Name and Signature of Station Officer General Election to Chakma Autonomous District Council, 2013 Voter Slip No. and Name of Constituency .................................................... Part No ................................................................................ Name .................................................................................... Sex ............................. EPIC No. ............................................................................... Father’s/Mother’s/Husband’s name .......................................................... Voter Serial Number ................................................................................ Polling Station No. & Name ...................................................................... Poll Date, Day and Time .......................................................................... Signature and Stamp of RO/AROPHOTO Date: _______________- 3 -Ex-137/2013Affidavit of Vanlalhruaia Pachuau S/o Lalvena, Driver (SAD) resident of Model Veng, Aizawl,
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 14.3.2013 Phalguna 25, S.E. 1934, Issue No. 136 AFFIDAVIT FOR CHANGE IN NAME/DEED POLLBy this deed I, the undersigned Va nlalhruaia Pachuau S/o Lalvena, previously called Vanlalhruaia, date of birth : 5.9.1973; profession : Dr iver (S AD) and resident of Model Veng, Aizawl, Mizoram solemnly decla re :- 1.That for and on behalf of my myself and remitter issue wholly renounce/relingquish and aba ndon the use of my former name of Vanlalhruaia and in place thereof I do hereby a ssume fr om the date the name/surname Vanlalhr uaia Pa chuau a nd so that I a nd my wife, children and remitter issue may hereaft er be ca lled, known and distingquished not by my former na me/surname of Vanlalhr uaia but assumed name/sure name of Vanlalhruaia Pachuau. 2.That for the purpose of evidencing such my determination declare tha t I sha ll at a ll times hereafter in a ll records, deeds and writing and in all proceedings, dealings and transa ctions, private as well as public and upon all occasions whatsoever use and sign the name of Vanlalhr uaia Pa chuau a s my name/surname in place of and in substit ution for my former name. 3.That I expr essly authorize and request a ll persons in general and relatives and friends in particu lar, at a ll times hereafter to designa te and a ddress me, my wife, my childr en, remitter issue by such assumed name/surna me of Vanlalhr uaia Pa chuau a ccordingly. 4.In witness whereof I have hereunto subscribed my former and adopted name/surname of Vanlalhruaia and Vanlalhruaia Pachuau affix my signature and seal, if any, this the 8th day of March. 2013. Date 08.03.2013Signed and delivered by the above named In t he presence of :Former Name : Vanlalhruaia Identified by meSigned befor e me Rualkhuma Hmar,R. Thangkanglova, Advoca te,Advocate & Notary Public, College Veng, Aizawl,Aizawl : Mizoram. Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 14.3.2013 Phalguna 25, S.E. 1934, Issue No. 136 AFFIDAVIT FOR CHANGE IN NAME/DEED POLLBy this deed I, the undersigned Va nlalhruaia Pachuau S/o Lalvena, previously called Vanlalhruaia, date of birth : 5.9.1973; profession : Dr iver (S AD) and resident of Model Veng, Aizawl, Mizoram solemnly decla re :- 1.That for and on behalf of my myself and remitter issue wholly renounce/relingquish and aba ndon the use of my former name of Vanlalhruaia and in place thereof I do hereby a ssume fr om the date the name/surname Vanlalhr uaia Pa chuau a nd so that I a nd my wife, children and remitter issue may hereaft er be ca lled, known and distingquished not by my former na me/surname of Vanlalhr uaia but assumed name/sure name of Vanlalhruaia Pachuau. 2.That for the purpose of evidencing such my determination declare tha t I sha ll at a ll times hereafter in a ll records, deeds and writing and in all proceedings, dealings and transa ctions, private as well as public and upon all occasions whatsoever use and sign the name of Vanlalhr uaia Pa chuau a s my name/surname in place of and in substit ution for my former name. 3.That I expr essly authorize and request a ll persons in general and relatives and friends in particu lar, at a ll times hereafter to designa te and a ddress me, my wife, my childr en, remitter issue by such assumed name/surna me of Vanlalhr uaia Pa chuau a ccordingly. 4.In witness whereof I have hereunto subscribed my former and adopted name/surname of Vanlalhruaia and Vanlalhruaia Pachuau affix my signature and seal, if any, this the 8th day of March. 2013. Date 08.03.2013Signed and delivered by the above named In t he presence of :Former Name : Vanlalhruaia Identified by meSigned befor e me Rualkhuma Hmar,R. Thangkanglova, Advoca te,Advocate & Notary Public, College Veng, Aizawl,Aizawl : Mizoram. Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Acquisition of land for setting up of Working Standard Laboratory at New Serchhip.
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 14.3.2013 Phalguna 25, S.E. 1934, Issue No. 135 NOTIFICATIONNo. K. 12011/5/2008-REV, 11th March, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for setting up of Working Standard Laboratory at New Serchhip. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner/Collector, S erchhip District, within a period of 30 days from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SERCHHIPDescription of land Approximate Area. A plot of land belonging to Pu Sailoneka at New Serchhip4489.93 sq. ft. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 14.3.2013 Phalguna 25, S.E. 1934, Issue No. 135 NOTIFICATIONNo. K. 12011/5/2008-REV, 11th March, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for setting up of Working Standard Laboratory at New Serchhip. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner/Collector, S erchhip District, within a period of 30 days from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SERCHHIPDescription of land Approximate Area. A plot of land belonging to Pu Sailoneka at New Serchhip4489.93 sq. ft. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment .Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Housing Loan Advisory Board
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 14.3.2013 Phalguna 25, S.E. 1934, Issue No. 133 NOTIFICATION No. B. 14015/3/2007-LAD, the 8th March, 2013.The Governor of Mizoram is pleased to cons titute Housing Loan Advisory Board for the following Districts are Aizawl, Lunglei, Champhai, Kolasib, Serchhip, Mamit, Saiha and La wngtlai District within the S tate of Mizoram for the year 2012-2013 as shown below :- A.AIZAWL DISTRICT1.Secreta ry, LAD-Chairman 2.Director, LAD-Member Secretary 3.Secretary, Fina nce-Member 4.Princip al Adviser, Planning-Member 5.K. Vanlalvena, Bawngkawn-Member 6.Lalthansanga, MLA, Zarkawt-Member 7.R. Va nlalthanga, Bethlehem-Member 8.Zokailiana Khiangte, Mission Veng-Member 9.C. Zahmuaka , Chalt lang-Member 10.Zodinliana, Bungkawn-Member 11.Lalawmpuii, Dawrpui Vengthar-Member 12.Vanlalthanga, Ramhlun Venglai-Member 13.Lalhuzauva Sathing, Armed Veng ‘S’-Member 14.Tlangthanmawii, Zarkawt-Member 15.Pakunga, Selesih-Member 16.Z.D. Lalthanchhunga, Mission Veng-Member 17.Samuela, Rulchawm-Member 18.TBC Lalpekthara, MEWA-Member B.LUNGLEI DIST RICT1.Deputy Commissioner-Chairman 2.DLAO Lunglei-Member Secretary 3.Ngaihkungi, Electric Veng-Member 4.Lalchangliana , Rahsi Veng-Member 5.Laldawmliana, Pukpui-Member 6.B. Lalhrangliana, College Veng-Member 7.V. Lalthansanga, Chanmari-Member 8.J.K. Lalramzauva, Farm Veng-Member 9.C. Vala, Hnahthial-Member - 2 - Ex-133/2013 10.F. Lalthazuala, Lungsen-Member 11.Robin Chakma, Nunsuri-Member C.CHAMPHAI DISTRICT1.Deputy Commissioner-Chairman 2.DLAO Champhai-Member Secretary 3.P.C. Lalzarliana, Khawzawl-Member 4.Lalr inzama, N.E. Khawdungsei-Member 5.C. Lalnghinglova, Kanan Veng, Champhai -Member 6.Khawmpuitha nga, Ruantlang, Champhai-Member 7.J.C. Lalhuzauva, Champha i Vengsang-Member 8.Lalremruata, Champhai Vengsang-Member D.KOLASIB DISTRICT1.Deputy Commissioner-Chairman 2.DLAO, Kola sib-Member Secretary 3.Laldingliana, Venglai, Kolasib-Member 4.Zosangzu ala, Diakkawn, Kolasib-Member 5.K. Kailiana, Vairengte-Member 6.K. Lalchawimawia, Lungdai-Member E.SERCHHIP DISTRICT1.Deputy Commissioner-Chairman 2.DLAO, Serchhip-Member Secretary 3.Lalramliana Sailo, Bazar Veng, Serchhip-Member 4.Lalt hlanthanga Chawngthu (Vala)-Member Tuikhuah Veng, Serchhip 5.R. La lzauva, Field Veng, Thenzawl-Member 6.K. Lalbiakmawia, Chhiahtlang-Member F.MAMIT DISTRICT1.Deputy Commissioner-Chairman 2.DLAO, Mamit-Member Secretary 3.C. Lalramthanga, West Phaileng-Member 4.F. Biaksanga, Tuidam-Member 5.R. Sangbera, Dapchhuah-Member 6.Hrangdailova , Field Veng, Mamit-Member G.SAIHA DISTRICT1.Deputy Commissioner-Chairman 2.ADC i/c Loan-Member Secretary 3.K. Hr amo EM i/c LAD, MADC-Member 4.H. Solo, Tlangkawn, Saiha-Member 5.T.C Seido, Tuipa ng V-Member 6.C. Kaitha, MDC, College Veng-Member H.LAWNGTLAI DISTRICT1.Deputy Commissioner-Chairman 2.ADC i/c Loan-Member Secretary 3.S.T. Laldailova, MDC Lawngtlai-Member - 3 -Ex-133/2013 4.Lalrinpuii, MDC, Lawngtlai-Member 5.V.L. Hmuaka, Ex-MDC, Lawngtlai-Member 6.Nirupam Chakma, MLA-Member All Chairma n of Housing Loan Boar ds under various Distr icts ar e requested to convene meeting of Housing Loan Board at an earliest and the selected list should be sent to Directorate of LAD and reached latest by 20.3.2013 positively. K. Lalmuana, Joint Secretary to the Govt. of Mizoram, Local Administration Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 14.3.2013 Phalguna 25, S.E. 1934, Issue No. 133 NOTIFICATION No. B. 14015/3/2007-LAD, the 8th March, 2013.The Governor of Mizoram is pleased to cons titute Housing Loan Advisory Board for the following Districts are Aizawl, Lunglei, Champhai, Kolasib, Serchhip, Mamit, Saiha and La wngtlai District within the S tate of Mizoram for the year 2012-2013 as shown below :- A.AIZAWL DISTRICT1.Secreta ry, LAD-Chairman 2.Director, LAD-Member Secretary 3.Secretary, Fina nce-Member 4.Princip al Adviser, Planning-Member 5.K. Vanlalvena, Bawngkawn-Member 6.Lalthansanga, MLA, Zarkawt-Member 7.R. Va nlalthanga, Bethlehem-Member 8.Zokailiana Khiangte, Mission Veng-Member 9.C. Zahmuaka , Chalt lang-Member 10.Zodinliana, Bungkawn-Member 11.Lalawmpuii, Dawrpui Vengthar-Member 12.Vanlalthanga, Ramhlun Venglai-Member 13.Lalhuzauva Sathing, Armed Veng ‘S’-Member 14.Tlangthanmawii, Zarkawt-Member 15.Pakunga, Selesih-Member 16.Z.D. Lalthanchhunga, Mission Veng-Member 17.Samuela, Rulchawm-Member 18.TBC Lalpekthara, MEWA-Member B.LUNGLEI DIST RICT1.Deputy Commissioner-Chairman 2.DLAO Lunglei-Member Secretary 3.Ngaihkungi, Electric Veng-Member 4.Lalchangliana , Rahsi Veng-Member 5.Laldawmliana, Pukpui-Member 6.B. Lalhrangliana, College Veng-Member 7.V. Lalthansanga, Chanmari-Member 8.J.K. Lalramzauva, Farm Veng-Member 9.C. Vala, Hnahthial-Member - 2 - Ex-133/2013 10.F. Lalthazuala, Lungsen-Member 11.Robin Chakma, Nunsuri-Member C.CHAMPHAI DISTRICT1.Deputy Commissioner-Chairman 2.DLAO Champhai-Member Secretary 3.P.C. Lalzarliana, Khawzawl-Member 4.Lalr inzama, N.E. Khawdungsei-Member 5.C. Lalnghinglova, Kanan Veng, Champhai -Member 6.Khawmpuitha nga, Ruantlang, Champhai-Member 7.J.C. Lalhuzauva, Champha i Vengsang-Member 8.Lalremruata, Champhai Vengsang-Member D.KOLASIB DISTRICT1.Deputy Commissioner-Chairman 2.DLAO, Kola sib-Member Secretary 3.Laldingliana, Venglai, Kolasib-Member 4.Zosangzu ala, Diakkawn, Kolasib-Member 5.K. Kailiana, Vairengte-Member 6.K. Lalchawimawia, Lungdai-Member E.SERCHHIP DISTRICT1.Deputy Commissioner-Chairman 2.DLAO, Serchhip-Member Secretary 3.Lalramliana Sailo, Bazar Veng, Serchhip-Member 4.Lalt hlanthanga Chawngthu (Vala)-Member Tuikhuah Veng, Serchhip 5.R. La lzauva, Field Veng, Thenzawl-Member 6.K. Lalbiakmawia, Chhiahtlang-Member F.MAMIT DISTRICT1.Deputy Commissioner-Chairman 2.DLAO, Mamit-Member Secretary 3.C. Lalramthanga, West Phaileng-Member 4.F. Biaksanga, Tuidam-Member 5.R. Sangbera, Dapchhuah-Member 6.Hrangdailova , Field Veng, Mamit-Member G.SAIHA DISTRICT1.Deputy Commissioner-Chairman 2.ADC i/c Loan-Member Secretary 3.K. Hr amo EM i/c LAD, MADC-Member 4.H. Solo, Tlangkawn, Saiha-Member 5.T.C Seido, Tuipa ng V-Member 6.C. Kaitha, MDC, College Veng-Member H.LAWNGTLAI DISTRICT1.Deputy Commissioner-Chairman 2.ADC i/c Loan-Member Secretary 3.S.T. Laldailova, MDC Lawngtlai-Member - 3 -Ex-133/2013 4.Lalrinpuii, MDC, Lawngtlai-Member 5.V.L. Hmuaka, Ex-MDC, Lawngtlai-Member 6.Nirupam Chakma, MLA-Member All Chairma n of Housing Loan Boar ds under various Distr icts ar e requested to convene meeting of Housing Loan Board at an earliest and the selected list should be sent to Directorate of LAD and reached latest by 20.3.2013 positively. K. Lalmuana, Joint Secretary to the Govt. of Mizoram, Local Administration Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Reserved Forest diverted under the Forest (Conservation) Act, 1960
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 14.3.2013 Phalguna 25, S.E. 1934, Issue No. 132 NOTIFICATION No. K. 15012/12/2010-REV, the 27th February, 2013.Wher eas the land specified below ha s to be transfer red to the Environment & Forest Depar tment, Govt. of Mizora m for the purpose of compensa tory land/afforestation in lieu of Reserved Forest diverted under the Forest (Conservation) Act, 1960 for non- forestry purpose covering an area of 429 Hecta res of non forest land at Vaisam and Chitha r for construction of 460 M.W. Kolodyne Hydro Power Project. Now, therefore, the Governor of Mizoram is pleased to mutate the land specified below to Environment & Forest Department for construction of 460 M. W. Kolodyne Hydro Power Project with immediate effect in a ccordance with the provision of Section 8(a ) of the Mizo District (Land & Revenue) Act , 1956. The land so mutated sha ll be “ Reserved forest” as provided under section 2(4) of the Lushai Hills District (House Sites) Act, 1953, section 3(a) of the Mizo District (Land & Revenue) Act , 1956 and section 3(a ) of the Mizo District (Agriculture Land) Act, 1963 a nd as assigned under sub-paragraph 2 of the paragra ph 3 of the Sixth Schedule to t he Constitution of India. Location &Distr ictArea in HacMap of Site PlanDescription of boundary name of Village 12345 1. Vaisam V.C. areaLunglei200 Ha.As perAs per 2. Chithar V.C. areaLunglei229 Ha.Annexure ‘A’Annexure ‘B’ R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . - 2 - Ex-132/2013 Annexure ‘A’ - 3 -Ex-132/2013 Annex ure B BOUNDARY DESCRIPTION OF PROPOSE SITE PLAN FOR COMPENSATORY AFFORESTATION DUE TO THE CONSTRUCTION OF KOLODYNE HYDRO POWER PROJECT A. LOCATION : CHIT HAR VILLAGE COUNCIL AREA Starting Point : Ailian lui leh Saizawh lui infinna chu teh tan nan hman a ni. West Side: Teh tanna atangin Saizawh lui a zawh chho a, Ramri lui nen a infinna ah Pillar dah a ni. South Side: Ramri lui dung zawh zelin kawng a chhuak a, kawng atang chuan Ramri kawr tlak lamah a zawh thla a, Samak lui a fin hmain Pillar dah a ni. East Side: Ramri lui atangin khawmual a tan phei a Saisih lui a va thleng a ni. North Side: Saisih lui zawh chhovin kawng a thleng leh a, Kawng atangin Ailian lui a zawh thla a, teh tanna a man leh a ni. A ram zau zawng chu 229 Ha a ni. B. LOCATION : VAISAM VILLAGE COUNCIL AREA Starting Point : Chithar to Vaisam kawng bul ramri lui hnar kin chu tehtan nan hman a ni. West Side: Teh tanna atangin chhim lam hawiin kawng dung zelah a phei a, tlak lama kawrte hnar kin a thleng a ni. South Side: Kawrte dungah a chhuk a Samak lui nen an infinna a thleng a ni. East Side: Samak lui dung a zawh thla a, Ramri lui nen a infinna thlen hmain khawmualah khawthlang hawiin a chho. North Side: Khawmual atangin Ramrilui chanve ah Ramri lui a pawh a, Ramri lui zawh chhoin teh tanna a man leh a ni. A ram zau zawng chu 200 Ha a ni. Chithar VC area leh Vaisam VC area a a ram pumpui zau zawng chu 429 Ha a ni. Prepared by H.D. Darthankima, Surveyor, Land Revenue & Settlement, Lunglei District : Lunglei - 4 - Ex-132/2013 - 5 -Ex-132/2013 BOUNDARY DESCRIPTION OF COMPENSATORY AFFORESTATION FOR CONSTRUCTION OF 460 MW KOLODYNE HYDRO-POWER PROJECT AT VAISAM AND CHITHAR AREA WITHIN LUNGLEI DISTRICT Starting Point: The starting point was fixed at the North Western corner of the land itself that is near at the Junction of Ramri Lui and Vaisam to Chithar Road. Northern Side: From the starting point, the boundary lines runs along Ramri Lui in the direction of 850 and the distance between P. No. 1 and 2 is 2800.00 M (H). Pillar No. 2 is fixed near Ramr i Lui. From the Pillar No. 2, the boundary line runs in the direction of 1100 and the distance between BP. No. 2 and BP. No. 3 is 1800.00M (H). Pillar No. 3 is fixed near Tuipawl Lui. Eastern Side: From the Pillar No. 3, the boundary line runs in the direction of 1870 and the distance between Pillar No. 3 and 4 is 2800.00M (H). Southern Side: Fom the Pillar No. 4, the boundary line runs in the direction of 2800 along the dry stream and the distance between Pillar No. 4 and 5 is 4200.00M (H). Pillar No. 5 is fixed at the junction of Vaisam to Chithar Road and dry stream. Western Side: From the Pillar No. 5, the boundary line runs in the direction of 020 along Vaisam to Chithar Road and the distance between Pillar No. 5 & 1 is 3800.00M (H). Dimension :- LineH/DF/B 1-22800.00850 2-31800.001100 3-43000.001870 4-54200.002800 5-13800.00020Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 14.3.2013 Phalguna 25, S.E. 1934, Issue No. 132 NOTIFICATION No. K. 15012/12/2010-REV, the 27th February, 2013.Wher eas the land specified below ha s to be transfer red to the Environment & Forest Depar tment, Govt. of Mizora m for the purpose of compensa tory land/afforestation in lieu of Reserved Forest diverted under the Forest (Conservation) Act, 1960 for non- forestry purpose covering an area of 429 Hecta res of non forest land at Vaisam and Chitha r for construction of 460 M.W. Kolodyne Hydro Power Project. Now, therefore, the Governor of Mizoram is pleased to mutate the land specified below to Environment & Forest Department for construction of 460 M. W. Kolodyne Hydro Power Project with immediate effect in a ccordance with the provision of Section 8(a ) of the Mizo District (Land & Revenue) Act , 1956. The land so mutated sha ll be “ Reserved forest” as provided under section 2(4) of the Lushai Hills District (House Sites) Act, 1953, section 3(a) of the Mizo District (Land & Revenue) Act , 1956 and section 3(a ) of the Mizo District (Agriculture Land) Act, 1963 a nd as assigned under sub-paragraph 2 of the paragra ph 3 of the Sixth Schedule to t he Constitution of India. Location &Distr ictArea in HacMap of Site PlanDescription of boundary name of Village 12345 1. Vaisam V.C. areaLunglei200 Ha.As perAs per 2. Chithar V.C. areaLunglei229 Ha.Annexure ‘A’Annexure ‘B’ R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . - 2 - Ex-132/2013 Annexure ‘A’ - 3 -Ex-132/2013 Annex ure B BOUNDARY DESCRIPTION OF PROPOSE SITE PLAN FOR COMPENSATORY AFFORESTATION DUE TO THE CONSTRUCTION OF KOLODYNE HYDRO POWER PROJECT A. LOCATION : CHIT HAR VILLAGE COUNCIL AREA Starting Point : Ailian lui leh Saizawh lui infinna chu teh tan nan hman a ni. West Side: Teh tanna atangin Saizawh lui a zawh chho a, Ramri lui nen a infinna ah Pillar dah a ni. South Side: Ramri lui dung zawh zelin kawng a chhuak a, kawng atang chuan Ramri kawr tlak lamah a zawh thla a, Samak lui a fin hmain Pillar dah a ni. East Side: Ramri lui atangin khawmual a tan phei a Saisih lui a va thleng a ni. North Side: Saisih lui zawh chhovin kawng a thleng leh a, Kawng atangin Ailian lui a zawh thla a, teh tanna a man leh a ni. A ram zau zawng chu 229 Ha a ni. B. LOCATION : VAISAM VILLAGE COUNCIL AREA Starting Point : Chithar to Vaisam kawng bul ramri lui hnar kin chu tehtan nan hman a ni. West Side: Teh tanna atangin chhim lam hawiin kawng dung zelah a phei a, tlak lama kawrte hnar kin a thleng a ni. South Side: Kawrte dungah a chhuk a Samak lui nen an infinna a thleng a ni. East Side: Samak lui dung a zawh thla a, Ramri lui nen a infinna thlen hmain khawmualah khawthlang hawiin a chho. North Side: Khawmual atangin Ramrilui chanve ah Ramri lui a pawh a, Ramri lui zawh chhoin teh tanna a man leh a ni. A ram zau zawng chu 200 Ha a ni. Chithar VC area leh Vaisam VC area a a ram pumpui zau zawng chu 429 Ha a ni. Prepared by H.D. Darthankima, Surveyor, Land Revenue & Settlement, Lunglei District : Lunglei - 4 - Ex-132/2013 - 5 -Ex-132/2013 BOUNDARY DESCRIPTION OF COMPENSATORY AFFORESTATION FOR CONSTRUCTION OF 460 MW KOLODYNE HYDRO-POWER PROJECT AT VAISAM AND CHITHAR AREA WITHIN LUNGLEI DISTRICT Starting Point: The starting point was fixed at the North Western corner of the land itself that is near at the Junction of Ramri Lui and Vaisam to Chithar Road. Northern Side: From the starting point, the boundary lines runs along Ramri Lui in the direction of 850 and the distance between P. No. 1 and 2 is 2800.00 M (H). Pillar No. 2 is fixed near Ramr i Lui. From the Pillar No. 2, the boundary line runs in the direction of 1100 and the distance between BP. No. 2 and BP. No. 3 is 1800.00M (H). Pillar No. 3 is fixed near Tuipawl Lui. Eastern Side: From the Pillar No. 3, the boundary line runs in the direction of 1870 and the distance between Pillar No. 3 and 4 is 2800.00M (H). Southern Side: Fom the Pillar No. 4, the boundary line runs in the direction of 2800 along the dry stream and the distance between Pillar No. 4 and 5 is 4200.00M (H). Pillar No. 5 is fixed at the junction of Vaisam to Chithar Road and dry stream. Western Side: From the Pillar No. 5, the boundary line runs in the direction of 020 along Vaisam to Chithar Road and the distance between Pillar No. 5 & 1 is 3800.00M (H). Dimension :- LineH/DF/B 1-22800.00850 2-31800.001100 3-43000.001870 4-54200.002800 5-13800.00020Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500State Transition Team with the following members
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Wednesday 13.3.2013 Phalguna 24, S.E. 1934, Issue No. 130 NOTIFICATION No. D. 24012/2/2013-PLG (ICT), the 7th March, 2013.In p artial modification of t his Department’s notification No. D. 24012/1/2008-PLG(ICT) the Governor of Mizoram is pleased to reconstitute the State Transition Team with the following members to give advise and to look into issues concerned with IPv6 transition in the State :- 1.Secretary, Deptt. of ICT, Govt. of Mizoram-Chairman 2.Chief Informatics Officer, Deptt. of ICT-Member Secretary 3.State Informatics Officer, NIC (Mizoram)-Member 4.DGM (CM), BSNL, Mizoram-Member 5.Managing Director, ZENICS-Member C. Lalhmachhuana, Secr etary to the Govt. of Mizoram, Information & Communication Technology Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Wednesday 13.3.2013 Phalguna 24, S.E. 1934, Issue No. 130 NOTIFICATION No. D. 24012/2/2013-PLG (ICT), the 7th March, 2013.In p artial modification of t his Department’s notification No. D. 24012/1/2008-PLG(ICT) the Governor of Mizoram is pleased to reconstitute the State Transition Team with the following members to give advise and to look into issues concerned with IPv6 transition in the State :- 1.Secretary, Deptt. of ICT, Govt. of Mizoram-Chairman 2.Chief Informatics Officer, Deptt. of ICT-Member Secretary 3.State Informatics Officer, NIC (Mizoram)-Member 4.DGM (CM), BSNL, Mizoram-Member 5.Managing Director, ZENICS-Member C. Lalhmachhuana, Secr etary to the Govt. of Mizoram, Information & Communication Technology Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Line Bus Fares revised
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Wednesday 13.3.2013 Phalguna 24, S.E. 1934, Issue No. 128 NOTIFICATION No. F. 20016/1/2013-DTE (STA), the 6th March, 2013.As per approval given by the Govt. Vide letter No. B. 12021/1/11-TRP Dt. 22.2.2013, the State Transport Authority, hereby revised the rate of Line Bus Fares with immedia te effect and until fur ther or der. (a)New Market to Bethlehem Vengthla ng : (i)New Market to Sihlui-Rs. 8/- (b)New Market to Mualpui : (i)New Market to Sihlui-Rs. 8/- (ii)New Market to Tuithiang-Rs. 5/- Thlamuana, Secretary, State Transport Authority, Mizoram, Aizawl.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Wednesday 13.3.2013 Phalguna 24, S.E. 1934, Issue No. 128 NOTIFICATION No. F. 20016/1/2013-DTE (STA), the 6th March, 2013.As per approval given by the Govt. Vide letter No. B. 12021/1/11-TRP Dt. 22.2.2013, the State Transport Authority, hereby revised the rate of Line Bus Fares with immedia te effect and until fur ther or der. (a)New Market to Bethlehem Vengthla ng : (i)New Market to Sihlui-Rs. 8/- (b)New Market to Mualpui : (i)New Market to Sihlui-Rs. 8/- (ii)New Market to Tuithiang-Rs. 5/- Thlamuana, Secretary, State Transport Authority, Mizoram, Aizawl.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Aizawl District Rural Development Committee
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Wednesday 13.3.2013 Phalguna 24, S.E. 1934, Issue No. 127 CORRIGENDUM No. J. 11011/3/2013-GAD/47, the 5th March, 2013.The Governor of Mizoram is pleased to order that para 4 in the notification of even no. dt. 31.1.2013 relating to the jurisdiction of Aiza wl District Rura l Development Committee may read as follows : “4.Jurisdiction : (i)All villages outside the jurisdiction of Aizawl Municipal Council in respect of (a)Aiza wl East-I (ST) Assembly Constituency (b)Aiza wl-South-III (ST) Assembly Constituency (c)Aiza wl West-I (ST) Assembly Constituency (Not all Assembly Constituencies) (ii)All the villages within t he following Assembly Constituencies : (a)Chalfilh (ST) (b)Tawi (ST) (c)Tuivawl (ST)” Ashwani Kumar, Commissioner & Secretary to the Govt. of Mizoram, General Administr ation Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Wednesday 13.3.2013 Phalguna 24, S.E. 1934, Issue No. 127 CORRIGENDUM No. J. 11011/3/2013-GAD/47, the 5th March, 2013.The Governor of Mizoram is pleased to order that para 4 in the notification of even no. dt. 31.1.2013 relating to the jurisdiction of Aiza wl District Rura l Development Committee may read as follows : “4.Jurisdiction : (i)All villages outside the jurisdiction of Aizawl Municipal Council in respect of (a)Aiza wl East-I (ST) Assembly Constituency (b)Aiza wl-South-III (ST) Assembly Constituency (c)Aiza wl West-I (ST) Assembly Constituency (Not all Assembly Constituencies) (ii)All the villages within t he following Assembly Constituencies : (a)Chalfilh (ST) (b)Tawi (ST) (c)Tuivawl (ST)” Ashwani Kumar, Commissioner & Secretary to the Govt. of Mizoram, General Administr ation Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Solid Waste Management under Urban Development & Poverty Alleviation Department
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Monday 11.3.2013 Phalguna 20, S.E. 1934, Issue No. 126 NOTIFICATION No. B. 13019/4/2011-UD&PA(13FC), the 6th March, 2013.As prescribed under Cha pter 10.161 (viii) of the Repor ts and R ecommendations of the Thirteenth Finance Commission, target of Service Level Benchmark du ring 2013-2014 for Ur ban Local Bodies in r espect of 4 (four) Service S ectors viz. Water Supply, Sewer age, St orm Water Drainage and Solid Waste Management under Urban Development & Poverty Alleviation Depa rtment is hereby notified as shown in the ‘Annexure’ enclos ed for information. R. L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, Urba n Development & Poverty Alleviation Department. - 2 - Ex-126/2013 ‘ANNEXURE’ SERVICE LEVEL BENCHMARKS FOR 2013 - 2014 (A s prescribed under Chapter 10.161 (viii) of the Reports & Recommendations of the T hirteenth Finance Commission) [Benchmarks indicate the service levels to be ultimately achieved by the ULB/State Government in provision of urban civic services as prescribed by the Ministry of Urban Development, Governmentof India. Baseline Level indicates the level of services provided as at end of 2010-11, Current Levelindicates level of services provided as at end of current year 2012-13 and Targets for indicate thelevelofservicesexpectedtobeachievedbyendof2012-13]1. WATER SUPPLYSl. NoProposed IndicatorBench markBaseline LevelCurrent LevelTarget for 2013 - 14 1 Coverage of water supply connections100%54%63%68% 2 Per capita supply of water135 lpcd 70.27 lpcd 75 lpcd75 lpcd 3 Extent of metering of water connections100%91%98%100% 4 Extent of non-revenue water (NRW)20%40%40%40% 5 Continuity of water supply24 hours8 Min.10 Min.10 Min. 6 Quality of water supplied100%100%100%100% 7Efficiency in redressal of customercomplaints80%50%70%75% 8 Cost recovery in water supply services100%11%15%20% 9Efficiency in collection of water supplyrelatedcharges90%75%80%90% Not es: 1 T he ex tent of cov erage of w ater supply connections has been w ork ed out on the basis of w ater supply connections and the number of f am ilies projected f or the years at the end of 2010, 2012 and 2013. 2 M etering of w ater connections is one of the ongoing activ ities of S IPM IU under the A DB - assited N ERCCDIP. W ith the bulk procurem ent of w ater m eters and prov ision of the sam e to the custom ers, it is expected to achiev ed 100% m etering. 3 Continuity of w ater supply indicates the av erage period during w hich the w ater supply is prov ided to the consumers daily. However, the ex isting system of water distribution is on a w eek ly basis. 4 Computerised billing system f or A iz awl W ater Distributions Div ision is implem ented under theA DB-assisted MPR M P. W ith the use of this new system, eff iciency in collection of w ater supply related charges is ex pected to im prov e to 90%. 5 W S S Com ponent under the A DB A ssisted NER CCDIP, as and w hen com pleted is ex pected to significantly help in reducing NR W in w ater supply 6 Higher lev el of cost recovery in W ater S upply is possible due to upward revision of w ater tariff in 2012. - 3 -Ex-126/2013 2. SEWERAGESl. NoProposed IndicatorBench markBaseline LevelCurrent LevelTarget for 2013 - 14 1 Coverage of toilets100%98.95%98.95%98.95% 2 Coverage of sewage network services100%0%0%0% 3 Collection efficiency of the sewage network100%0%0%0% 4 Adequacy of treatment capacity100%0%0%0% 5 Quality of sewage treatment100%0%0%0% 6 Extent of reuse and recycling of sewage20%0%0%0% 7 Efficiency in redressal of customer complaints80%0%0%0% 8 Extent of cost recovery in sewage management 100%0%0%0% 9 Efficiency in collection of sewage charges90%0%0%0% Notes: 1 T he level of coverage of toilets is based on survey conducted by SIPM IU in 2011. 2 S cientific treatment of w aste w ater and laying of sew er pipes are yet to be taken up and hence the lev el of services for Sl. No. 2 to 9 remain 0%. 30% of the population in the eastern part of A izawl is proposed to be covered w ith sew erage sy stem under A DB -assisted N ERCCDIP Project-2 which w ill com mence in 2013 - 14 to be completed by 2014-15 3 S eptage Management f or A iz aw l City on a Pilot B asis w ill be tak en up under T echnical A ssistance from the ADB. 3. SOLID WASTE MANAGEMENTSl. NoProposed IndicatorBench markBaseline LevelCurrent LevelTarget for 2013 - 14 1 Household level coverage of solid waste management services100%70%80%85% 2 Efficiency of collection of municipal solid waste100%60%70%75% 3 Extent of segregation of municipal solid waste 100%0%0%10% 4 Extent of municipal solid waste recovered 80%0%0%0% 5 Extent of scientific disposal of municipal solid waste100%0%0%0% 6 Efficiency in redressal of customer complaints 80%60%70%70% 7 Extent of cost recovery in SWM services 100%10%20%20% 8 Efficiency in collection of SWM charges 90%60%70%75% Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500- 4 - Ex-126/2013 Not e:- 1 Collection and transportation of M unicipal Solid W aste in A izaw l City is carried out by a m odif ied f orm of PPP w here the A iz aw l M unicipal Council, in partnership w ith L ocal Councils, managed thecollectionandtransportationinanef ficientmanner.2 T he collection and disposal of M unicipal S olid W astes till today do not hav e involv e any scientif ic handling and disposal. It is a simple process of collection and dumping. It is ex pected to start segregation of w astes in 2013 -14. 3 A Solid W aste M anagement Centre is being taken up under the A DB-assisted NERCCDIP and is ex pected to bring in scientif ic handling and disposal of m unicipal w astes. 4. STORM WATER DRAINAGESl. NoProposed IndicatorBench markBaseline LevelCurrent LevelTarget for 2013-14 1 Coverage of storm water drainage network100%40%55%65% 2 Incidence of water logging/flooding0000 Not e:- Incidence of water logging could be 0% as the city is located at a hill station with quick surf ace w ater run of f .
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Monday 11.3.2013 Phalguna 20, S.E. 1934, Issue No. 126 NOTIFICATION No. B. 13019/4/2011-UD&PA(13FC), the 6th March, 2013.As prescribed under Cha pter 10.161 (viii) of the Repor ts and R ecommendations of the Thirteenth Finance Commission, target of Service Level Benchmark du ring 2013-2014 for Ur ban Local Bodies in r espect of 4 (four) Service S ectors viz. Water Supply, Sewer age, St orm Water Drainage and Solid Waste Management under Urban Development & Poverty Alleviation Depa rtment is hereby notified as shown in the ‘Annexure’ enclos ed for information. R. L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, Urba n Development & Poverty Alleviation Department. - 2 - Ex-126/2013 ‘ANNEXURE’ SERVICE LEVEL BENCHMARKS FOR 2013 - 2014 (A s prescribed under Chapter 10.161 (viii) of the Reports & Recommendations of the T hirteenth Finance Commission) [Benchmarks indicate the service levels to be ultimately achieved by the ULB/State Government in provision of urban civic services as prescribed by the Ministry of Urban Development, Governmentof India. Baseline Level indicates the level of services provided as at end of 2010-11, Current Levelindicates level of services provided as at end of current year 2012-13 and Targets for indicate thelevelofservicesexpectedtobeachievedbyendof2012-13]1. WATER SUPPLYSl. NoProposed IndicatorBench markBaseline LevelCurrent LevelTarget for 2013 - 14 1 Coverage of water supply connections100%54%63%68% 2 Per capita supply of water135 lpcd 70.27 lpcd 75 lpcd75 lpcd 3 Extent of metering of water connections100%91%98%100% 4 Extent of non-revenue water (NRW)20%40%40%40% 5 Continuity of water supply24 hours8 Min.10 Min.10 Min. 6 Quality of water supplied100%100%100%100% 7Efficiency in redressal of customercomplaints80%50%70%75% 8 Cost recovery in water supply services100%11%15%20% 9Efficiency in collection of water supplyrelatedcharges90%75%80%90% Not es: 1 T he ex tent of cov erage of w ater supply connections has been w ork ed out on the basis of w ater supply connections and the number of f am ilies projected f or the years at the end of 2010, 2012 and 2013. 2 M etering of w ater connections is one of the ongoing activ ities of S IPM IU under the A DB - assited N ERCCDIP. W ith the bulk procurem ent of w ater m eters and prov ision of the sam e to the custom ers, it is expected to achiev ed 100% m etering. 3 Continuity of w ater supply indicates the av erage period during w hich the w ater supply is prov ided to the consumers daily. However, the ex isting system of water distribution is on a w eek ly basis. 4 Computerised billing system f or A iz awl W ater Distributions Div ision is implem ented under theA DB-assisted MPR M P. W ith the use of this new system, eff iciency in collection of w ater supply related charges is ex pected to im prov e to 90%. 5 W S S Com ponent under the A DB A ssisted NER CCDIP, as and w hen com pleted is ex pected to significantly help in reducing NR W in w ater supply 6 Higher lev el of cost recovery in W ater S upply is possible due to upward revision of w ater tariff in 2012. - 3 -Ex-126/2013 2. SEWERAGESl. NoProposed IndicatorBench markBaseline LevelCurrent LevelTarget for 2013 - 14 1 Coverage of toilets100%98.95%98.95%98.95% 2 Coverage of sewage network services100%0%0%0% 3 Collection efficiency of the sewage network100%0%0%0% 4 Adequacy of treatment capacity100%0%0%0% 5 Quality of sewage treatment100%0%0%0% 6 Extent of reuse and recycling of sewage20%0%0%0% 7 Efficiency in redressal of customer complaints80%0%0%0% 8 Extent of cost recovery in sewage management 100%0%0%0% 9 Efficiency in collection of sewage charges90%0%0%0% Notes: 1 T he level of coverage of toilets is based on survey conducted by SIPM IU in 2011. 2 S cientific treatment of w aste w ater and laying of sew er pipes are yet to be taken up and hence the lev el of services for Sl. No. 2 to 9 remain 0%. 30% of the population in the eastern part of A izawl is proposed to be covered w ith sew erage sy stem under A DB -assisted N ERCCDIP Project-2 which w ill com mence in 2013 - 14 to be completed by 2014-15 3 S eptage Management f or A iz aw l City on a Pilot B asis w ill be tak en up under T echnical A ssistance from the ADB. 3. SOLID WASTE MANAGEMENTSl. NoProposed IndicatorBench markBaseline LevelCurrent LevelTarget for 2013 - 14 1 Household level coverage of solid waste management services100%70%80%85% 2 Efficiency of collection of municipal solid waste100%60%70%75% 3 Extent of segregation of municipal solid waste 100%0%0%10% 4 Extent of municipal solid waste recovered 80%0%0%0% 5 Extent of scientific disposal of municipal solid waste100%0%0%0% 6 Efficiency in redressal of customer complaints 80%60%70%70% 7 Extent of cost recovery in SWM services 100%10%20%20% 8 Efficiency in collection of SWM charges 90%60%70%75% Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500- 4 - Ex-126/2013 Not e:- 1 Collection and transportation of M unicipal Solid W aste in A izaw l City is carried out by a m odif ied f orm of PPP w here the A iz aw l M unicipal Council, in partnership w ith L ocal Councils, managed thecollectionandtransportationinanef ficientmanner.2 T he collection and disposal of M unicipal S olid W astes till today do not hav e involv e any scientif ic handling and disposal. It is a simple process of collection and dumping. It is ex pected to start segregation of w astes in 2013 -14. 3 A Solid W aste M anagement Centre is being taken up under the A DB-assisted NERCCDIP and is ex pected to bring in scientif ic handling and disposal of m unicipal w astes. 4. STORM WATER DRAINAGESl. NoProposed IndicatorBench markBaseline LevelCurrent LevelTarget for 2013-14 1 Coverage of storm water drainage network100%40%55%65% 2 Incidence of water logging/flooding0000 Not e:- Incidence of water logging could be 0% as the city is located at a hill station with quick surf ace w ater run of f .