‘The Mizoram Liquor (Prohibition) Act, 2019’ (Act No. 8 of 2019)
- 1 - Ex-349/2019 NOTIFICA TION No.H.12018/235/2014-LJD, the 28 th May, 2019: The following Act is hereby published for general information and it shall come into force with effect from 28th May, 2019. ‘The Mizoram Liquor (Prohibition) Act, 2019’ (Act No. 8 of 2019) Secretary to the Govt. of Mizoram, Law & Judicial Department. THE MIZORAM LIQUOR (PROHIBITION) ACT, 2019 AN ACT to provide for prohibition of import, export, transport, manufacture, possession, sale and consumption of liquor in the state of Mizoram and for matters connected therewith. Be it enacted by the Legislative Assembly of Mizoram in the Seventieth Year of the Republic of India as follows:– CHAPTER – I PRELIMINARY 1 . Short title, extent and commencement. (1) This Act may be called the Mizoram Liquor (Prohibition) Act, 2019. (2) It shall extend to the whole of the state of Mizoram, except the three Autonomous District Councils namely, Chakma Autonomous District Council, Lai Autonomous District Council and Mara Autonomous District Council constituted under the Sixth Schedule to the Constitution of India. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Tuesday 28.05.2019 Jyaistha 7, S.E. 1941, Issue No. 349 - 2 - Ex-349/2019 (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint on this behalf. 2 . Definitions. In this Act, unless the context otherwise requires, – (a) “Act” means the Mizoram Liquor (Prohibition) Act, 2019; (b) “advertisement” includes any digital, printed, cyclostyled, typewritten, hand-written or painted matter or a design or pictorial representation or digital display and also the distribution or display of such matter, design or representation on any medium, digital, wall, building or hoarding in a public place or public display or an announcement by means of producing or transmitting light or sound, whether by cinematographic exhibition, neon signs, digital or otherwise; (c) “Armed Forces” for the purpose of this Act means person under the control of the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1957, and includes persons belonging to Indian Coast Guard and Paramilitary forces like Assam Rifles and Special Frontier Force. It also includes personnel of Central Armed Police Forces such as Central Reserve Police Force (CRPF), Border Security Force (BSF), Indo-Tibetan Border Police (ITBP), Central Industrial Security Force (CISF) and Sashastra Seema Bal, also known as Special Service Bureau (SSB), and it further includes personnel of Border Roads Organisation(BRO) including officers from the Border Roads Engineering Service (BRES) and personnel from the General Reserve Engineer Force (GREF); (d) “buy” with all its grammatical variations, means any receipt for price paid in cash or in kind, and includes any receipt by gift, loan or otherwise; (e) “Collector” means a Collector of excise appointed under this Act; (f) “commercial quantity” means any quantity of liquor greater than an intermediate quantity specified by the state Government by notification in the Official Gazette; (g) “Commissioner” means the Commissioner of Excise & Narcotics appointed by the Government; (h) “company” means a body corporate and includes a firm, a licenced vendor or other association of individual; (i) “duty” or “countervailing duty” means the duty of Excise or countervailing duty, as the case may be, mentioned in Entry 51 of List II of the Seventh Schedule to the Constitution of India; (1) “excisable article” means – (i) any liquor for human consumption and spirituous preparations, not being a medicinal prepa- ration or a toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955) or (ii) any liquor or substance; (j) “excise duty” means revenue collected from any duty, fee, tax, penalty, payment (other than a - 3 - Ex-349/2019 fine imposed by a court of law) or confiscation imposed, offence compounded, made or ordered under any provision of this Act, or under any other law for the time being in force relating to any excisable article such as any spirit, liquor or alcohol; (k) “excise report” means a report forwarded by Excise & Narcotics officers to a Magistrate under the provision of this Act; (l) “Excise & Narcotics Station” means any Excise & Narcotics Station established by the Govern- ment; it shall include any local area specified by the Government on this behalf; (m) “export” means to take or transport out of the state of Mizoram; (n) “Ex-servicemen” means any person defined as “an ex-servicemen” by the Government of India, Ministry of Personnel, Public Grievances and Pensions and also Ministry of Defence, Department of Ex- servicemen Welfare. It may include any person defined as ex-servicemen by the Government of Mizoram; (o) “Government” means the state Government of Mizoram; (p) “import” means to bring into the state of Mizoram; (q) “intermediate quantity” means any quantity of liquor which falls between small quantity and commercial quantity as specified by the state Government by notification in the official gazette; (r) “liquor” means any liquor used as a beverage, and which, when so used in sufficient quantities, ordinarily or commonly produces entire or partial intoxication; any liquor intended for use as a beverage or capable of being so used, which contains alcohol, either obtained by brewing, fermentation or by the additional process of distillation, in such proportion that it will produce intoxication when consumed in such quantities as may practically be drunk. It includes any liquid containing or consisting of alcohol and any other sub- stance which the Government may, by notification declared to be Liquor for the purpose of this Act; (s) “intoxication” means a state of mind and behaviour which a person is incapable of knowing the nature of his action or judging the consequences thereof and to lose control of their faculties due to consumption of any excisable articles; (t) “manufacture” includes any process by which liquor is produced or prepared, redistillation and any process for the rectification, flavouring, blending, colouring or bottling of liquor; (u) “notification” means Government notification published in the Official Gazette; (v) “nuisance” includes any act, which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or property; (w) “Officer-in-Charge” means the officer in-charge of an Excise Station or an officer appointed for the purpose of supervising the operation in a bonded warehouse; (x) “permit” means any permit issued by the competent authority under this Act; (y) “premises” means a house or a building, together with its land and outbuildings. It also includes - 4 - Ex-349/2019 the land and buildings owned by someone, especially by a company or organization; (z)“public place” means any place intended for use by the public or accessible to the public; (aa) “Prohibition Council” means such body of officials and non-officials as may be constituted by the Government by notification to be published in the Official Gazette; (ab) “registered medical practitioner” means a person registered under the Indian Medical Council Act, 1956; (ac) “small quantity” means any quantity of liquor specified as small quantity by the state Government by notification in the official gazette; (ad) “transport” means to move liquor from one place to another within Mizoram. CHAPTER – II ESTABLISHMENT AND CONTROL 3 . Commissioner as a Prohibition Commissioner. (1) The Commissioner of Excise & Narcotics appointed by the Government of Mizoram may also be called the Commissioner of Prohibition or Prohibition Commissioner, who subject to the control of the state Government, shall exercise such powers and shall perform such duties and such functions as are conferred upon by or under the provisions of this Act and shall superintend and have the control over all matters connected with the administration of this Act. (2) Notwithstanding anything contained in sub-section (1), on and from the date of commencement of this Act, all officers and staff appointed under the Excise & Narcotics Department, Government of Mizoram, shall be deemed to be the officers and staff appointed for the purpose of giving effect to this Act, and in particular the Commissioner of Excise & Narcotics, Joint Commissioner of Excise & Narcotics, Deputy Commissioner of Excise & Narcotics, Assistant Commissioner of Excise & Narcotics, Inspector of Excise & Narcotics and Sub-Inspector of Excise & Narcotics and Assistant Sub-Inspector of Excise & Narcotics shall also stand designated respectively as Commissioner of Prohibition, Joint Commissioner of Prohibition, Deputy Commissioner of Prohibition, Assistant Commissioner of Prohibition, Inspector of Prohibition, Sub- Inspector of Prohibition and Assistant Sub-Inspector of Prohibition for the purposes of this Act, rules or orders made thereunder. (3) The state Government may, by notification appoint any other Excise & Narcotics officer other than the Collector to exercise in any district or jurisdiction, or place all or any of the powers and to perform all or any of the duties and functions as are conferred and imposed by or under this Act on a Collector subject to such control as the state Government may from time to time direct. 4 . Functions of the Collector. The administration of prohibition within a district and provisions of this Act and the rules made there- under shall ordinarily be under the charge of the Assistant Commissioner of Excise & Narcotics in-charge of a District, or any Excise & Narcotics officer empowered on this behalf as Collector shall be responsible for carrying out the provisions of this Act within the limit of his jurisdiction. - 5 - Ex-349/2019 CHAPTER – III PROHIBITION, OFFENCES AND PENALTIES 5 . Prohibition of manufacture, possession, transport and consumption of liquor. No person, without licence or permit issued under the provisions of this Act or Rules made thereunder, shall – (1) (a) import, export, transport liquor; (b) possess, sell or buy liquor; (c) manufacture liquor; (d) possess or use or keep for use any material, utensil, implements, apparatus, chemical or compounds whatsoever for manufacture of liquor; and (e) construct any brewery, distillery, winery, bottling plant or warehouse, or as such place; (2) consume liquor. 6 . Punishment for contravention of Section 5. (1) Whoever contravenes the provisions of sub-section (1) of Section 5 of this Act shall, on convic- tion, be punished with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees; (2) Whoever in contravention of sub-section (2) of Section 5 of this Act, consumes liquor shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both. Provided that the trying magistrate may, after convicting the accused and in lieu of imprisonment and fine, pass order by which the convict is released and is compelled to do community service or work for not more than five working days or 30 hours under the supervision of the Excise & Narcotics or Police person- nel as per the terms and conditions as may be passed by the trial court in the order. (3) Whoever, in any street or thoroughfare or public place behaves in a disorderly manner under the influence of liquor, makes or causes nuisance, or drives a vehicle after consuming liquor shall, on conviction, be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees, or with both. Provided that the trying magistrate may, after convicting the accused and in lieu of imprisonment and fine, pass order by which the convict is released and is compelled to do community service or work for not less than two working days or twelve hours under the supervision of the Excise & Narcotics or Police personnel as per the terms and conditions as may be passed by the trial court in the order. (4) In prosecution for an offence under sub-section (3) of this Section, it shall be presumed, until the contrary is proved, that the person accused of the said offence consumed liquor for the purpose of being intoxicated and not for medicinal purpose. - 6 - Ex-349/2019 (5) Any registered medical practitioner shall be competent to examine and prove that a person has consumed liquor or is in a state of intoxication. (6) Alcohol Breathalyzer may also be used for proof of liquor consumption. The result of such alcohol breathalyzer test shall be valid and admissible evidence in the court of law. 7 . Punishment for possession in small, intermediate or commercial quantity of any liquor. Whoever, in contravention of any provision of this Act, or any rule or order made or condition of permit issued thereunder, possess in a quantity specified in the notification shall be punishable,– (1) Where the contravention involves small quantity, with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both; (2) Where the contravention involves intermediate quantity, with imprisonment for a term which may extend to three years with fine which may extend to ten thousand rupees; (3) Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees. 8 . Prohibition of publication of advertisement of liquor. No person shall publish or cause to be published any advertisement which solicits the use of or offers for sale any liquor or any preparation fit for use as liquor in any newspaper or magazine published in the state of Mizoram or in any other form or manner as specified in clause (b) of Section 2 of this Act. 9 . Punishment for publication of advertisement of liquor. Whoever contravenes the provisions of Section 8 of this Act shall be liable to be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees, or with both. 1 0 . Prescription of liquor by a registered medical practitioner. (1) No person other than a registered medical practitioner shall issue any prescription for any liquor. (2) Every prescription shall be in writing. It shall also be legible and clear. Unclear and ineligible prescription certificate may result in denial of liquor permit. 11. Punishment for issuing false prescription. If a registered medical practitioner issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the sole purpose of consuming liquor in contravention of the provisions of this Act or rules made thereunder or any permit granted under this Act shall be liable to be punished with imprisionment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both. 1 2 . Regulations of consumption of liquor by certain permit holders. (1) No holder of a permit under any of the provisions of this Act shall drink liquor in public place or institution to which the public may have access or in contravention of any conditions of such permit. - 7 - Ex-349/2019 (2) No holder of a permit granted under this Act shall allow the use or consumption of any part of the liquor held by him to any other person not so authorized to use or consume liquor under this Act. (3) No holder of a permit granted under this Act shall make nuisance under the influence of liquor or after consuming liquor. (4) No holder of a permit granted under this Act shall drive any motor vehicle after consuming liquor. (5) No holder of a permit under any of the provisions of this Act shall purchase or obtain liquor from illegal source. 1 3 . Punishment for contravening the provisions of Section 12. (1) Whoever contravenes the provisions of Section 12 of this Act shall be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. (2) The permit of a person convicted or penalised under the provision of Section 12 of this Act shall be liable to be cancelled. 1 4 . Punishment for allowing premises to be used for the commission of an offence. Whoever being the owner or occupier or having the use of any house, room enclosure, space, vessel, compound, place or vehicle, knowingly permits it to be use for the commission, by any other person, of an offence punishable under this Act or the Rules made thereunder shall be liable to be punished with imprisonment for a term which may extend to three years with fine which may extend to ten thousand rupees. Provided that in prosecution for an offence under this section, it shall be presumed, until the contrary is proved that the owner or occupier have knowingly permit it to be used for the commission of the offence. 1 5 . Punishment for maliciously giving false information and fraud. (1) Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. (2) Any person who willfully misrepresent or acting in fraudulent manner shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. 1 6 . Punishment for offence for which no punishment is provided. Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Act, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. 1 7 . No suspension, remission or commutation in any sentence awarded under this Act. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No 2 of 1974), or any other law for the time being in force, no sentence awarded under this Act shall be suspended or remitted or commuted. - 8 - Ex-349/2019 18. Bar of application of Section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958. Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974) or in the Probation of Offenders Act, 1958 (Act No 20 of 1958), shall apply to a person convicted of an offence under this Act, unless such person is sick or infirm or old aged. 1 9 . Presumption of culpable mental state. (1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be the responsibility of the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation:- In this section, ‘culpable mental state’ includes intention, motive, knowl- edge of a fact and belief in or reason to believe, a fact. (2) For the purpose of this section, a fact is said to be proved only when the Court believes it to exist beyond a reasonable doubt and not merely when its existence is established by preponderance of probability. 2 0 . Presumption to the commission of an offence. (1) In trial under any of the provisions of this Act, it shall be presumed without further evidence, until the contrary is proved, that the accused person has committed an offence punishable under this Act in respect of liquor, or any other material, or any chemical or non-chemical, whatsoever for the manufacture of liquor for the possession of which he is unable to account satisfactorily. (2) Where an offence is said to have been committed at a place or inside any premises where any liquor or intoxicant is found, consumed, sold, manufactured, stored or distributed, it shall be presumed that the owner or occupier of such premises knowingly permits the commission of such offence to which he failed to account satisfactorily. 21. Enhanced punishment after previous conviction. If any person, after having been previously convicted of an offence punishable under any of the provisions of this Act subsequently commits and is convicted of an offence punishable under this Act, he shall be liable to be awarded punishment to twice the punishment which was imposed on him on the first conviction under this Act and so on for the subsequent convictions. 2 2 . Attempt to commit offence under this Act. Whoever attempts to commit any offence punishable under this Act shall be liable to the punishment provided for such offence. 23. Abetments. Whoever abets an offence punishable under this Act shall, whether such offence be or be not com- mitted, in consequence of such abetment, be punished with the punishment provided for the offence. 24. Punishment for assault or obstruction, or disobedience. Notwithstanding anything contained in the Indian Penal Code, 1860 (Act No. 45 of 1860), any person who assaults or threatens or obstructs or disobeys any Excise & Narcotics or Police personnel in the - 9 - Ex-349/2019 discharge of his official duty shall be punishable with imprisonment for a term which may extend to three years with fine which may extend to ten thousand rupees. Further, any person who appears to be acquainted with the facts and circumstances of the case shall, if so required by any Excise & Narcotics or police officer making an investigation under this Act appear before such officer. If such a person failed to appear before such officer, he may be treated as disobedient and liable to be prosecuted under this section. CHAPTER – IV PREVENTION, DETECTION AND INVESTIGATION 2 5 . Power of entry, search, seizure and arrest. (1) Any Excise & Narcotics or Police Officer not below the rank of Assistant Sub-Inspector who has reason to believe, from personal knowledge or from information received from any person that any liquor, material, utensil, implement or apparatus in respect of which an offence punishable under this Act or the rules made thereunder is kept or concealed in any house, building, shop, tent, vessel, raft, vehicle, land or place may at any time between sunrise and sunset – (a) enter into any such house, building, shop, tent, vessel, raft, vehicle, land or place and conduct search; and in case of resistance, break open any door and remove any other obstacle to such entry; (b) seized such liquor, material, utensil, implement, or apparatus, and any document or apparatus, or other articles which may furnish evidence of the commission of the offence; (c) detain, search and arrest any person whom he as reason to believe to have committed an offence against this Act relating to liquor, material, utensil, implement or apparatus; (d) may employ breathalyzer or as such device for proof of alcohol consumption. If any person resist the use of such device, it shall be presumed that he has consumed liquor and charged accordingly. Any test result or report of such device shall be admissible as evidence in the court. Provided that if such officer has reason to believe that a search warrant cannot be obtained without affording opportunity for the concealment of evidence or facilitate the escape of an offender, he may after recording the grounds of his belief, enter and search such house, building, shop, tent, vessel, raft, vehicle, land or place at any time between sunset and sunrise. (2) When an officer received any information he shall, within 48 hours, send a copy thereof to his immediate official superior. 2 6 . Power of seizure and arrest in public places. Any Officer of Excise & Narcotics and Police Departments referred to in sub-section (1) of Section 25 of this Act may, without warrant – (1) seize, in any public place or in transit, any liquor, material, utensil, implement or apparatus in respect of which he has reasons to believe that an offence punishable under this Act or the rules made thereunder, has been committed, and along with it, any document or other article which may furnish evi- dence of the commission of the offence, and - 10 - Ex-349/2019 (2) detain, search and arrest any person whom he has reason to believe to have committed an offence under this Act. 2 7 . Power to issue warrant of arrest and search. Any magistrate of the first class may issue warrant of arrest of any person whom he has reason to believe to have committed an offence punishable under this Act or the rules made thereunder or for the search, whether by day or by night, of any house, building, shop, tent, vessel, raft, vehicle, land or place in which he has reason to believe that any liquor, material, utensil, implement or apparatus, in respect of which an offence punishable under this Act has been committed, is kept or concealed. 28. Power of investigation and prosecution. (1) Any officers of the rank of Assistant Sub-Inspector and above in the department of Excise & Narcotics and Police shall have the powers of an Officer-in-Charge of Police Station for the purposes of investigation and prosecution of offences under this Act. (2) Save as otherwise as expressedly provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the investigation and trial of offences against this Act and the rules made thereunder. 2 9 . Officers of Government, Members of Village Council, Local Council and Village Defence Party are bound to give information. Every Officer of the Government, every member of a Village Council, a Local Council and a Village Defence Party shall be bound to give immediate information to the nearest Excise & Narcotics or Police Station of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to his knowledge. 3 0 . Arrest by private person and procedure on such arrest. Any private person or persons or group of individual or members of Non-Governmental Organisations may arrest or cause to be arrested any person who in his/their presence commits a non-bailable and cognizable offence under this Act, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to the Excise & Narcotics or Police Officer, or, in the absence of the Excise & Narcotics or Police Officer, take such person or cause him to be taken in custody to the nearest Excise & Narcotics Station or Police Station. 31. Punishment for vexatious search, seizure or arrest. Any officer or person exercising powers under this Act, who, (1) maliciously enters or searched or causes to be entered or search any house, building, shop, tent, vessel, raft, vehicle, land or place or similar dwelling place or, (2) vexatiously and unnecessarily seizes the property of any person in the pretence of seizing or searching for anything liable to confiscation under this Act or, (3) vexatiously, unnecessarily detained, searches or arrests any person or, (4) in any other way maliciously exceeds or abuses his lawful powers; on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both. - 11 - Ex-349/2019 3 2 . Landlords and other to give information. Every person who owns or occupies any land or building, or who is a landlord of an estate and the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, in which there has been any unlawful manufacture of any liquor or any owner of a vessels or vehicle in which liquor is manufactured or carried shall in the absence of reasonable excuse, be bound to give notice of the same to the Excise & Narcotics or Police officer immediately after the same have come to his knowledge. Failure to do so may attract prosecution of the landlord himself. 3 3 . Report of arrest and seizure. Any officer making an arrest or seizure under this Act shall, within twenty-four hours of such seizure and arrest make a full report of all the particulars of such arrest or seizure to his immediate official superior, and produce the arrested person before a magistrate. The time taken for the journey from the place of seizure or arrest to the Court shall not, however, be counted. 3 4 . Appointment of departmental officer as expert. The state Government may appoint an officer or a class of officers in the Excise & Narcotics Department and Police Department who has undergone training for this purpose duly certified by Forensic Science Laboratory, Mizoram as expert for the purpose of analysis or examination of liquor under this Act. 35. Excise & Narcotics and Police custody of articles seized. (1) Officer-in-Charge of Excise & Narcotics or Police Station shall take charge of and keep in safe custody all articles seized under this Act and brought or delivered to them as the case may be. (2) All samples so taken shall be sealed with the seal of the Officer-in-charge of the Excise & Narcotics or the Police Station as the case may be. (3) Any Excise & Narcotics Station shall deem to be a Police Station as mentioned in clause (s) of Section 2 of Criminal Procedure Code, 1973 for the purpose of investigation and prosecution of offences under this Act. CHAPTER – V PROSECUTION AND TRIAL OF OFFENCES 3 6 . Magistrate to try offences under this Act. Any Magistrate having the power of the Judicial Magistrate of the first class shall try any offence punishable under this Act. 37. Cognizance of offence. No Court shall take cognizance of an offence under this Act unless a report in this regard is made by an officer mentioned under Section 25 of this Act. 3 8 . Offences to be cognizable and non-bailable. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No 2 of 1974) – (1) every offence punishable under this Act shall be cognizable; - 12 - Ex-349/2019 (2) no person accused of an offence punishable for a term of imprisonment for three years or more under this Act shall be released on bail or on his own bond unless – (i) the Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 3 9 . Liability to confiscation. Whenever an offence punishable under this Act has been committed, the following things shall be liable to confiscation, namely – (1) the liquor, still, utensils, implement, apparatus or materials in respect of or by means of which such offence has been committed; (2) any newspaper, news-sheet, book, leaflet, booklet, magazine or any other single or periodical publication containing any advertisement of liquor or of any preparation fit for use as liquor published in the state of Mizoram; (3) the receptacles, packages, and coverings in which anything liable to confiscation under sub- section (1) and (2) of this Section is found and the other contents, if any, of such receptacles and packages and; (4) the animals carts, vessels, rafts, vehicles or other conveyances used in carrying anything referred to in the foregoing clauses. Provided that no animal, cart, vessels, rafts, vehicles or other conveyances as specified in sub- section (4) of this Section shall be liable to confiscation in case the owner thereof is able to prove that he has not been implicated in the commission of the offence: Provided further that in exceptional circumstances and for reasons to be recorded in writing, the Court may order the owner of such animal, cart, vessel, rafts vehicle or other conveyance to pay a fine as it deems fit in lieu of confiscation of such animal, cart, vessels, rafts, vehicles or other conveyance or as the case may be. Explanation:For the purposes of this section “owner” includes, in relation to any animal, Cart, vessel, rafts or other conveyance,– (i) which is in the possession of a minor, the guardian of such minor, (ii) which is the subject of hire purchase agreement, the person in possession thereof under the agreement. 4 0 . Confiscation by court in trial cases. When in any case tried by a Court, the Court decides that anything is liable to confiscation under Section 39 of this Act, it shall order such thing to be confiscated and placed at the disposal of the Commis- sioner. - 13 - Ex-349/2019 4 1 . Confiscation by Commissioner, Collector and other Excise Officers when no prosecution is launched. When an offence under this Act has been committed and the offender is not known or cannot be found when anything liable to confiscation under this Act is found or seized, the Commissioner or the Collector or any other Excise Officer duly authorized by the commissioner in this behalf may make an inquiry and if, after such inquiry, he is satisfied that an offence has been committed, may order such thing found to be confiscated: Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing the person if any, who claim any right thereto and evidence, if any, which he produces in support of his claim. 4 2 . Power of court to release certain offenders on probation. (1) When any person is found guilty of an offence under Section 5(2) of this Act and if the court by which he is found guilty is of the opinion with regard to age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for detoxification or de- addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of an offence under Section 5(2) of this Act. (2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1) of this Section, that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Government, with or without sureties, for abstaining from the commission of an offence under Section 5(2) of this Act during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during period. 43. Power to compound offences. (1) The Commissioner, or any Excise & Narcotics Officer not below the rank of Inspector authorized by the Commissioner, by general or special order in this behalf,– (a) may impose a fine to any person who committed an offence punishable under Section 5(2), Section 6(3) and Section 7(1) of this Act, an amount not exceeding five thousand rupees in lieu of prosecution in the court of law; (b) may, in any case in which any property has been seized as being liable to confiscation under this Act, confiscate or release the same by imposing a fine of such amount estimated by the competent authority as deem fit. (2) When the payments referred to in sub-section (1) have been duly made, the accused person, if in custody, shall be discharged, and the property seized, if any, shall be released or disposed of in a proper manner. - 14 - Ex-349/2019 44. Bar to legal proceeding. (1) No suit or other legal proceedings shall lie against any Excise & Narcotics or Police personnel in respect of anything which is done in good faith or intended to be done in pursuance of this Act or the rules made thereunder. (2) No suit or other legal proceedings shall lie against the Government for any damage caused by anything which is done in good faith or intended to be done in pursuance of this Act or the rule made thereunder. 4 5 . Limitation of suit and prosecutions. (1) No Magistrate shall take cognizance of any offence charged against any Excise and Narcotics or Police personnel for the commission of an offence in course of the performance of duty under this Act unless the prosecution is instituted within one month of the commission of the act complained of. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, when any Excise & Narcotics or Police personnel is accused of any offence to have committed by him while acting or purporting to act in the discharge of his official duty under this Act, no Court shall take cognizance of such offence, except with the previous sanction of the Government under Section 197 of the Code of Criminal Procedure, 1973 and section 19 of the Prevention of the Corruption Act, 1988, as the case may be. CHAPTER – VI MISCELLANEOUS 4 6 . Constitution of State Prohibition Council. (1) The Government may, by notification in the Official Gazette, constitute for the specified areas of Mizoram and such period as it may deem fit, a State Prohibition Council consisting of officials and non- officials as may be prescribed by the Government and may also dissolve or reconstitute any such Council. (2) The compositions, powers and functions of the Council and the committee and their relation etc. shall be such as may be prescribed. 4 7 . Composition of the State Prohibition Council. (1) The state Government, may by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the State Prohibition Council to look into the success or otherwise of the implementation of this Act. (2) The State Prohibition Council shall consists of the following members – (a) Minister of Excise and Narcotics, who shall be the Chairman of the State Prohibition Council; (b) Such number of other officials or non-officials members representing such interests as may be prescribed by the state Government. (3) The State Prohibition Council shall meet as and when necessary. However, at least one meeting shall be held every year; - 15 - Ex-349/2019 (4) The State Prohibition Council shall meet at such time and place as the chairman may thinks fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the state Government. 48. District Prohibition Co-ordination Committee. The Government may, by notification, constitutes a District Prohibition Co-ordination Committee comprising of officials and non-officials members for the successful implementation of this Act. 49. Appeals. (1) All orders passed by any Prohibition Officer other than the Commissioner under this Act, shall be appealable to the Commissioner at any time within thirty days from the date of the order complained of. (2) All orders passed by the Commissioner shall be appealable to the Government at any time within thirty days from the date of the order complained of. (3) Subject to the foregoing provisions, the rules which the Government may make in this behalf shall apply to appeals under this section. 50. Revision. The state Government may call for and examine the record of any proceeding before any Prohibition Officer including that relating to the grant or a refusal of a permit under this Act, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed and as to the regularity of any such proceeding and may when calling for such record, direct that the order be not given effect to pending the examination of the record. On examining record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit. 51. Power to remove difficulties. If any difficulty or doubt arises in giving effect to the provisions of this Act, the Government may by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for the removal of the difficulty or doubt, and the order of the Government in such cases shall be final. Provided that the no such power shall be exercised after the expiry of a period of three years from the commencement of the Act. 52. Establishments and delegation of powers. (1) The administration of the provisions of this Act and the rules made thereunder shall generally be under the charge of the Commissioner. (2) The administration of the provisions of this Act and the rules made thereunder and the collection of the excise revenue within a District shall ordinarily be under the charge of the Assistant Commissioner of Excise & Narcotics, or any officer empowered on this behalf. 53. Power to makes rules. (1) The Government may, by notification, make rules or orders or instructions for the purpose of carrying out the provisions of this Act, - 16 - Ex-349/2019 (2) In particular and without prejudice to the generality of the foregoing provisions, such rules or orders or instructions may provide – (a) for regulating the powers and duties of the Commissioner and any other officers subordinate to him; (b) for regulating the delegations of powers by the Commissioner or by any other Excise & Narcotics and Prohibition Officer; (c) for prescribing the conditions for issuing permit or licence; (d) for prescribing the composition, powers and functions of the State Prohibition Council; (e) for prescribing the procedure for disposal of confiscated articles; (f) for the destruction or for the disposal of liquor in any other manner, of any liquor unfit for human consumption; and for regulating the disposal or destruction of articles or things confiscated or seized under this Act. (g) any other matters as may, or require to be prescribed. (3) Every Rules made under this Act shall be laid before the Mizoram Legislative Assembly. 54. Repeal and savings. (1) On and from the commencement of this Act, the Mizoram Liquor (Prohibition & Control) Act, 2014 (Act No. 8 of 2014) and the Rules made thereunder shall stand repealed. Provided however that pending cases under the repealed Acts or Rules shall continue to be tried and disposed of under the repealed Acts or Rules as if the repealed Acts or Rules have not been repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Mizoram Liquor (Pro- hibition & Control) Act, 2014 (Act No. 8 of 2014) and the Rules made or Notifications issued thereunder shall, in so far as they are consistent with the provisions of this Act, be deemed to have been done or taken under the relevant provisions of this Act. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/450
- 1 - Ex-349/2019 NOTIFICA TION No.H.12018/235/2014-LJD, the 28 th May, 2019: The following Act is hereby published for general information and it shall come into force with effect from 28th May, 2019. ‘The Mizoram Liquor (Prohibition) Act, 2019’ (Act No. 8 of 2019) Secretary to the Govt. of Mizoram, Law & Judicial Department. THE MIZORAM LIQUOR (PROHIBITION) ACT, 2019 AN ACT to provide for prohibition of import, export, transport, manufacture, possession, sale and consumption of liquor in the state of Mizoram and for matters connected therewith. Be it enacted by the Legislative Assembly of Mizoram in the Seventieth Year of the Republic of India as follows:– CHAPTER – I PRELIMINARY 1 . Short title, extent and commencement. (1) This Act may be called the Mizoram Liquor (Prohibition) Act, 2019. (2) It shall extend to the whole of the state of Mizoram, except the three Autonomous District Councils namely, Chakma Autonomous District Council, Lai Autonomous District Council and Mara Autonomous District Council constituted under the Sixth Schedule to the Constitution of India. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Tuesday 28.05.2019 Jyaistha 7, S.E. 1941, Issue No. 349 - 2 - Ex-349/2019 (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint on this behalf. 2 . Definitions. In this Act, unless the context otherwise requires, – (a) “Act” means the Mizoram Liquor (Prohibition) Act, 2019; (b) “advertisement” includes any digital, printed, cyclostyled, typewritten, hand-written or painted matter or a design or pictorial representation or digital display and also the distribution or display of such matter, design or representation on any medium, digital, wall, building or hoarding in a public place or public display or an announcement by means of producing or transmitting light or sound, whether by cinematographic exhibition, neon signs, digital or otherwise; (c) “Armed Forces” for the purpose of this Act means person under the control of the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1957, and includes persons belonging to Indian Coast Guard and Paramilitary forces like Assam Rifles and Special Frontier Force. It also includes personnel of Central Armed Police Forces such as Central Reserve Police Force (CRPF), Border Security Force (BSF), Indo-Tibetan Border Police (ITBP), Central Industrial Security Force (CISF) and Sashastra Seema Bal, also known as Special Service Bureau (SSB), and it further includes personnel of Border Roads Organisation(BRO) including officers from the Border Roads Engineering Service (BRES) and personnel from the General Reserve Engineer Force (GREF); (d) “buy” with all its grammatical variations, means any receipt for price paid in cash or in kind, and includes any receipt by gift, loan or otherwise; (e) “Collector” means a Collector of excise appointed under this Act; (f) “commercial quantity” means any quantity of liquor greater than an intermediate quantity specified by the state Government by notification in the Official Gazette; (g) “Commissioner” means the Commissioner of Excise & Narcotics appointed by the Government; (h) “company” means a body corporate and includes a firm, a licenced vendor or other association of individual; (i) “duty” or “countervailing duty” means the duty of Excise or countervailing duty, as the case may be, mentioned in Entry 51 of List II of the Seventh Schedule to the Constitution of India; (1) “excisable article” means – (i) any liquor for human consumption and spirituous preparations, not being a medicinal prepa- ration or a toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955) or (ii) any liquor or substance; (j) “excise duty” means revenue collected from any duty, fee, tax, penalty, payment (other than a - 3 - Ex-349/2019 fine imposed by a court of law) or confiscation imposed, offence compounded, made or ordered under any provision of this Act, or under any other law for the time being in force relating to any excisable article such as any spirit, liquor or alcohol; (k) “excise report” means a report forwarded by Excise & Narcotics officers to a Magistrate under the provision of this Act; (l) “Excise & Narcotics Station” means any Excise & Narcotics Station established by the Govern- ment; it shall include any local area specified by the Government on this behalf; (m) “export” means to take or transport out of the state of Mizoram; (n) “Ex-servicemen” means any person defined as “an ex-servicemen” by the Government of India, Ministry of Personnel, Public Grievances and Pensions and also Ministry of Defence, Department of Ex- servicemen Welfare. It may include any person defined as ex-servicemen by the Government of Mizoram; (o) “Government” means the state Government of Mizoram; (p) “import” means to bring into the state of Mizoram; (q) “intermediate quantity” means any quantity of liquor which falls between small quantity and commercial quantity as specified by the state Government by notification in the official gazette; (r) “liquor” means any liquor used as a beverage, and which, when so used in sufficient quantities, ordinarily or commonly produces entire or partial intoxication; any liquor intended for use as a beverage or capable of being so used, which contains alcohol, either obtained by brewing, fermentation or by the additional process of distillation, in such proportion that it will produce intoxication when consumed in such quantities as may practically be drunk. It includes any liquid containing or consisting of alcohol and any other sub- stance which the Government may, by notification declared to be Liquor for the purpose of this Act; (s) “intoxication” means a state of mind and behaviour which a person is incapable of knowing the nature of his action or judging the consequences thereof and to lose control of their faculties due to consumption of any excisable articles; (t) “manufacture” includes any process by which liquor is produced or prepared, redistillation and any process for the rectification, flavouring, blending, colouring or bottling of liquor; (u) “notification” means Government notification published in the Official Gazette; (v) “nuisance” includes any act, which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or property; (w) “Officer-in-Charge” means the officer in-charge of an Excise Station or an officer appointed for the purpose of supervising the operation in a bonded warehouse; (x) “permit” means any permit issued by the competent authority under this Act; (y) “premises” means a house or a building, together with its land and outbuildings. It also includes - 4 - Ex-349/2019 the land and buildings owned by someone, especially by a company or organization; (z)“public place” means any place intended for use by the public or accessible to the public; (aa) “Prohibition Council” means such body of officials and non-officials as may be constituted by the Government by notification to be published in the Official Gazette; (ab) “registered medical practitioner” means a person registered under the Indian Medical Council Act, 1956; (ac) “small quantity” means any quantity of liquor specified as small quantity by the state Government by notification in the official gazette; (ad) “transport” means to move liquor from one place to another within Mizoram. CHAPTER – II ESTABLISHMENT AND CONTROL 3 . Commissioner as a Prohibition Commissioner. (1) The Commissioner of Excise & Narcotics appointed by the Government of Mizoram may also be called the Commissioner of Prohibition or Prohibition Commissioner, who subject to the control of the state Government, shall exercise such powers and shall perform such duties and such functions as are conferred upon by or under the provisions of this Act and shall superintend and have the control over all matters connected with the administration of this Act. (2) Notwithstanding anything contained in sub-section (1), on and from the date of commencement of this Act, all officers and staff appointed under the Excise & Narcotics Department, Government of Mizoram, shall be deemed to be the officers and staff appointed for the purpose of giving effect to this Act, and in particular the Commissioner of Excise & Narcotics, Joint Commissioner of Excise & Narcotics, Deputy Commissioner of Excise & Narcotics, Assistant Commissioner of Excise & Narcotics, Inspector of Excise & Narcotics and Sub-Inspector of Excise & Narcotics and Assistant Sub-Inspector of Excise & Narcotics shall also stand designated respectively as Commissioner of Prohibition, Joint Commissioner of Prohibition, Deputy Commissioner of Prohibition, Assistant Commissioner of Prohibition, Inspector of Prohibition, Sub- Inspector of Prohibition and Assistant Sub-Inspector of Prohibition for the purposes of this Act, rules or orders made thereunder. (3) The state Government may, by notification appoint any other Excise & Narcotics officer other than the Collector to exercise in any district or jurisdiction, or place all or any of the powers and to perform all or any of the duties and functions as are conferred and imposed by or under this Act on a Collector subject to such control as the state Government may from time to time direct. 4 . Functions of the Collector. The administration of prohibition within a district and provisions of this Act and the rules made there- under shall ordinarily be under the charge of the Assistant Commissioner of Excise & Narcotics in-charge of a District, or any Excise & Narcotics officer empowered on this behalf as Collector shall be responsible for carrying out the provisions of this Act within the limit of his jurisdiction. - 5 - Ex-349/2019 CHAPTER – III PROHIBITION, OFFENCES AND PENALTIES 5 . Prohibition of manufacture, possession, transport and consumption of liquor. No person, without licence or permit issued under the provisions of this Act or Rules made thereunder, shall – (1) (a) import, export, transport liquor; (b) possess, sell or buy liquor; (c) manufacture liquor; (d) possess or use or keep for use any material, utensil, implements, apparatus, chemical or compounds whatsoever for manufacture of liquor; and (e) construct any brewery, distillery, winery, bottling plant or warehouse, or as such place; (2) consume liquor. 6 . Punishment for contravention of Section 5. (1) Whoever contravenes the provisions of sub-section (1) of Section 5 of this Act shall, on convic- tion, be punished with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees; (2) Whoever in contravention of sub-section (2) of Section 5 of this Act, consumes liquor shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both. Provided that the trying magistrate may, after convicting the accused and in lieu of imprisonment and fine, pass order by which the convict is released and is compelled to do community service or work for not more than five working days or 30 hours under the supervision of the Excise & Narcotics or Police person- nel as per the terms and conditions as may be passed by the trial court in the order. (3) Whoever, in any street or thoroughfare or public place behaves in a disorderly manner under the influence of liquor, makes or causes nuisance, or drives a vehicle after consuming liquor shall, on conviction, be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees, or with both. Provided that the trying magistrate may, after convicting the accused and in lieu of imprisonment and fine, pass order by which the convict is released and is compelled to do community service or work for not less than two working days or twelve hours under the supervision of the Excise & Narcotics or Police personnel as per the terms and conditions as may be passed by the trial court in the order. (4) In prosecution for an offence under sub-section (3) of this Section, it shall be presumed, until the contrary is proved, that the person accused of the said offence consumed liquor for the purpose of being intoxicated and not for medicinal purpose. - 6 - Ex-349/2019 (5) Any registered medical practitioner shall be competent to examine and prove that a person has consumed liquor or is in a state of intoxication. (6) Alcohol Breathalyzer may also be used for proof of liquor consumption. The result of such alcohol breathalyzer test shall be valid and admissible evidence in the court of law. 7 . Punishment for possession in small, intermediate or commercial quantity of any liquor. Whoever, in contravention of any provision of this Act, or any rule or order made or condition of permit issued thereunder, possess in a quantity specified in the notification shall be punishable,– (1) Where the contravention involves small quantity, with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both; (2) Where the contravention involves intermediate quantity, with imprisonment for a term which may extend to three years with fine which may extend to ten thousand rupees; (3) Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees. 8 . Prohibition of publication of advertisement of liquor. No person shall publish or cause to be published any advertisement which solicits the use of or offers for sale any liquor or any preparation fit for use as liquor in any newspaper or magazine published in the state of Mizoram or in any other form or manner as specified in clause (b) of Section 2 of this Act. 9 . Punishment for publication of advertisement of liquor. Whoever contravenes the provisions of Section 8 of this Act shall be liable to be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees, or with both. 1 0 . Prescription of liquor by a registered medical practitioner. (1) No person other than a registered medical practitioner shall issue any prescription for any liquor. (2) Every prescription shall be in writing. It shall also be legible and clear. Unclear and ineligible prescription certificate may result in denial of liquor permit. 11. Punishment for issuing false prescription. If a registered medical practitioner issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the sole purpose of consuming liquor in contravention of the provisions of this Act or rules made thereunder or any permit granted under this Act shall be liable to be punished with imprisionment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both. 1 2 . Regulations of consumption of liquor by certain permit holders. (1) No holder of a permit under any of the provisions of this Act shall drink liquor in public place or institution to which the public may have access or in contravention of any conditions of such permit. - 7 - Ex-349/2019 (2) No holder of a permit granted under this Act shall allow the use or consumption of any part of the liquor held by him to any other person not so authorized to use or consume liquor under this Act. (3) No holder of a permit granted under this Act shall make nuisance under the influence of liquor or after consuming liquor. (4) No holder of a permit granted under this Act shall drive any motor vehicle after consuming liquor. (5) No holder of a permit under any of the provisions of this Act shall purchase or obtain liquor from illegal source. 1 3 . Punishment for contravening the provisions of Section 12. (1) Whoever contravenes the provisions of Section 12 of this Act shall be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. (2) The permit of a person convicted or penalised under the provision of Section 12 of this Act shall be liable to be cancelled. 1 4 . Punishment for allowing premises to be used for the commission of an offence. Whoever being the owner or occupier or having the use of any house, room enclosure, space, vessel, compound, place or vehicle, knowingly permits it to be use for the commission, by any other person, of an offence punishable under this Act or the Rules made thereunder shall be liable to be punished with imprisonment for a term which may extend to three years with fine which may extend to ten thousand rupees. Provided that in prosecution for an offence under this section, it shall be presumed, until the contrary is proved that the owner or occupier have knowingly permit it to be used for the commission of the offence. 1 5 . Punishment for maliciously giving false information and fraud. (1) Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. (2) Any person who willfully misrepresent or acting in fraudulent manner shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. 1 6 . Punishment for offence for which no punishment is provided. Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Act, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. 1 7 . No suspension, remission or commutation in any sentence awarded under this Act. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No 2 of 1974), or any other law for the time being in force, no sentence awarded under this Act shall be suspended or remitted or commuted. - 8 - Ex-349/2019 18. Bar of application of Section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958. Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974) or in the Probation of Offenders Act, 1958 (Act No 20 of 1958), shall apply to a person convicted of an offence under this Act, unless such person is sick or infirm or old aged. 1 9 . Presumption of culpable mental state. (1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be the responsibility of the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation:- In this section, ‘culpable mental state’ includes intention, motive, knowl- edge of a fact and belief in or reason to believe, a fact. (2) For the purpose of this section, a fact is said to be proved only when the Court believes it to exist beyond a reasonable doubt and not merely when its existence is established by preponderance of probability. 2 0 . Presumption to the commission of an offence. (1) In trial under any of the provisions of this Act, it shall be presumed without further evidence, until the contrary is proved, that the accused person has committed an offence punishable under this Act in respect of liquor, or any other material, or any chemical or non-chemical, whatsoever for the manufacture of liquor for the possession of which he is unable to account satisfactorily. (2) Where an offence is said to have been committed at a place or inside any premises where any liquor or intoxicant is found, consumed, sold, manufactured, stored or distributed, it shall be presumed that the owner or occupier of such premises knowingly permits the commission of such offence to which he failed to account satisfactorily. 21. Enhanced punishment after previous conviction. If any person, after having been previously convicted of an offence punishable under any of the provisions of this Act subsequently commits and is convicted of an offence punishable under this Act, he shall be liable to be awarded punishment to twice the punishment which was imposed on him on the first conviction under this Act and so on for the subsequent convictions. 2 2 . Attempt to commit offence under this Act. Whoever attempts to commit any offence punishable under this Act shall be liable to the punishment provided for such offence. 23. Abetments. Whoever abets an offence punishable under this Act shall, whether such offence be or be not com- mitted, in consequence of such abetment, be punished with the punishment provided for the offence. 24. Punishment for assault or obstruction, or disobedience. Notwithstanding anything contained in the Indian Penal Code, 1860 (Act No. 45 of 1860), any person who assaults or threatens or obstructs or disobeys any Excise & Narcotics or Police personnel in the - 9 - Ex-349/2019 discharge of his official duty shall be punishable with imprisonment for a term which may extend to three years with fine which may extend to ten thousand rupees. Further, any person who appears to be acquainted with the facts and circumstances of the case shall, if so required by any Excise & Narcotics or police officer making an investigation under this Act appear before such officer. If such a person failed to appear before such officer, he may be treated as disobedient and liable to be prosecuted under this section. CHAPTER – IV PREVENTION, DETECTION AND INVESTIGATION 2 5 . Power of entry, search, seizure and arrest. (1) Any Excise & Narcotics or Police Officer not below the rank of Assistant Sub-Inspector who has reason to believe, from personal knowledge or from information received from any person that any liquor, material, utensil, implement or apparatus in respect of which an offence punishable under this Act or the rules made thereunder is kept or concealed in any house, building, shop, tent, vessel, raft, vehicle, land or place may at any time between sunrise and sunset – (a) enter into any such house, building, shop, tent, vessel, raft, vehicle, land or place and conduct search; and in case of resistance, break open any door and remove any other obstacle to such entry; (b) seized such liquor, material, utensil, implement, or apparatus, and any document or apparatus, or other articles which may furnish evidence of the commission of the offence; (c) detain, search and arrest any person whom he as reason to believe to have committed an offence against this Act relating to liquor, material, utensil, implement or apparatus; (d) may employ breathalyzer or as such device for proof of alcohol consumption. If any person resist the use of such device, it shall be presumed that he has consumed liquor and charged accordingly. Any test result or report of such device shall be admissible as evidence in the court. Provided that if such officer has reason to believe that a search warrant cannot be obtained without affording opportunity for the concealment of evidence or facilitate the escape of an offender, he may after recording the grounds of his belief, enter and search such house, building, shop, tent, vessel, raft, vehicle, land or place at any time between sunset and sunrise. (2) When an officer received any information he shall, within 48 hours, send a copy thereof to his immediate official superior. 2 6 . Power of seizure and arrest in public places. Any Officer of Excise & Narcotics and Police Departments referred to in sub-section (1) of Section 25 of this Act may, without warrant – (1) seize, in any public place or in transit, any liquor, material, utensil, implement or apparatus in respect of which he has reasons to believe that an offence punishable under this Act or the rules made thereunder, has been committed, and along with it, any document or other article which may furnish evi- dence of the commission of the offence, and - 10 - Ex-349/2019 (2) detain, search and arrest any person whom he has reason to believe to have committed an offence under this Act. 2 7 . Power to issue warrant of arrest and search. Any magistrate of the first class may issue warrant of arrest of any person whom he has reason to believe to have committed an offence punishable under this Act or the rules made thereunder or for the search, whether by day or by night, of any house, building, shop, tent, vessel, raft, vehicle, land or place in which he has reason to believe that any liquor, material, utensil, implement or apparatus, in respect of which an offence punishable under this Act has been committed, is kept or concealed. 28. Power of investigation and prosecution. (1) Any officers of the rank of Assistant Sub-Inspector and above in the department of Excise & Narcotics and Police shall have the powers of an Officer-in-Charge of Police Station for the purposes of investigation and prosecution of offences under this Act. (2) Save as otherwise as expressedly provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the investigation and trial of offences against this Act and the rules made thereunder. 2 9 . Officers of Government, Members of Village Council, Local Council and Village Defence Party are bound to give information. Every Officer of the Government, every member of a Village Council, a Local Council and a Village Defence Party shall be bound to give immediate information to the nearest Excise & Narcotics or Police Station of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to his knowledge. 3 0 . Arrest by private person and procedure on such arrest. Any private person or persons or group of individual or members of Non-Governmental Organisations may arrest or cause to be arrested any person who in his/their presence commits a non-bailable and cognizable offence under this Act, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to the Excise & Narcotics or Police Officer, or, in the absence of the Excise & Narcotics or Police Officer, take such person or cause him to be taken in custody to the nearest Excise & Narcotics Station or Police Station. 31. Punishment for vexatious search, seizure or arrest. Any officer or person exercising powers under this Act, who, (1) maliciously enters or searched or causes to be entered or search any house, building, shop, tent, vessel, raft, vehicle, land or place or similar dwelling place or, (2) vexatiously and unnecessarily seizes the property of any person in the pretence of seizing or searching for anything liable to confiscation under this Act or, (3) vexatiously, unnecessarily detained, searches or arrests any person or, (4) in any other way maliciously exceeds or abuses his lawful powers; on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both. - 11 - Ex-349/2019 3 2 . Landlords and other to give information. Every person who owns or occupies any land or building, or who is a landlord of an estate and the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, in which there has been any unlawful manufacture of any liquor or any owner of a vessels or vehicle in which liquor is manufactured or carried shall in the absence of reasonable excuse, be bound to give notice of the same to the Excise & Narcotics or Police officer immediately after the same have come to his knowledge. Failure to do so may attract prosecution of the landlord himself. 3 3 . Report of arrest and seizure. Any officer making an arrest or seizure under this Act shall, within twenty-four hours of such seizure and arrest make a full report of all the particulars of such arrest or seizure to his immediate official superior, and produce the arrested person before a magistrate. The time taken for the journey from the place of seizure or arrest to the Court shall not, however, be counted. 3 4 . Appointment of departmental officer as expert. The state Government may appoint an officer or a class of officers in the Excise & Narcotics Department and Police Department who has undergone training for this purpose duly certified by Forensic Science Laboratory, Mizoram as expert for the purpose of analysis or examination of liquor under this Act. 35. Excise & Narcotics and Police custody of articles seized. (1) Officer-in-Charge of Excise & Narcotics or Police Station shall take charge of and keep in safe custody all articles seized under this Act and brought or delivered to them as the case may be. (2) All samples so taken shall be sealed with the seal of the Officer-in-charge of the Excise & Narcotics or the Police Station as the case may be. (3) Any Excise & Narcotics Station shall deem to be a Police Station as mentioned in clause (s) of Section 2 of Criminal Procedure Code, 1973 for the purpose of investigation and prosecution of offences under this Act. CHAPTER – V PROSECUTION AND TRIAL OF OFFENCES 3 6 . Magistrate to try offences under this Act. Any Magistrate having the power of the Judicial Magistrate of the first class shall try any offence punishable under this Act. 37. Cognizance of offence. No Court shall take cognizance of an offence under this Act unless a report in this regard is made by an officer mentioned under Section 25 of this Act. 3 8 . Offences to be cognizable and non-bailable. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No 2 of 1974) – (1) every offence punishable under this Act shall be cognizable; - 12 - Ex-349/2019 (2) no person accused of an offence punishable for a term of imprisonment for three years or more under this Act shall be released on bail or on his own bond unless – (i) the Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 3 9 . Liability to confiscation. Whenever an offence punishable under this Act has been committed, the following things shall be liable to confiscation, namely – (1) the liquor, still, utensils, implement, apparatus or materials in respect of or by means of which such offence has been committed; (2) any newspaper, news-sheet, book, leaflet, booklet, magazine or any other single or periodical publication containing any advertisement of liquor or of any preparation fit for use as liquor published in the state of Mizoram; (3) the receptacles, packages, and coverings in which anything liable to confiscation under sub- section (1) and (2) of this Section is found and the other contents, if any, of such receptacles and packages and; (4) the animals carts, vessels, rafts, vehicles or other conveyances used in carrying anything referred to in the foregoing clauses. Provided that no animal, cart, vessels, rafts, vehicles or other conveyances as specified in sub- section (4) of this Section shall be liable to confiscation in case the owner thereof is able to prove that he has not been implicated in the commission of the offence: Provided further that in exceptional circumstances and for reasons to be recorded in writing, the Court may order the owner of such animal, cart, vessel, rafts vehicle or other conveyance to pay a fine as it deems fit in lieu of confiscation of such animal, cart, vessels, rafts, vehicles or other conveyance or as the case may be. Explanation:For the purposes of this section “owner” includes, in relation to any animal, Cart, vessel, rafts or other conveyance,– (i) which is in the possession of a minor, the guardian of such minor, (ii) which is the subject of hire purchase agreement, the person in possession thereof under the agreement. 4 0 . Confiscation by court in trial cases. When in any case tried by a Court, the Court decides that anything is liable to confiscation under Section 39 of this Act, it shall order such thing to be confiscated and placed at the disposal of the Commis- sioner. - 13 - Ex-349/2019 4 1 . Confiscation by Commissioner, Collector and other Excise Officers when no prosecution is launched. When an offence under this Act has been committed and the offender is not known or cannot be found when anything liable to confiscation under this Act is found or seized, the Commissioner or the Collector or any other Excise Officer duly authorized by the commissioner in this behalf may make an inquiry and if, after such inquiry, he is satisfied that an offence has been committed, may order such thing found to be confiscated: Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing the person if any, who claim any right thereto and evidence, if any, which he produces in support of his claim. 4 2 . Power of court to release certain offenders on probation. (1) When any person is found guilty of an offence under Section 5(2) of this Act and if the court by which he is found guilty is of the opinion with regard to age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for detoxification or de- addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of an offence under Section 5(2) of this Act. (2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1) of this Section, that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Government, with or without sureties, for abstaining from the commission of an offence under Section 5(2) of this Act during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during period. 43. Power to compound offences. (1) The Commissioner, or any Excise & Narcotics Officer not below the rank of Inspector authorized by the Commissioner, by general or special order in this behalf,– (a) may impose a fine to any person who committed an offence punishable under Section 5(2), Section 6(3) and Section 7(1) of this Act, an amount not exceeding five thousand rupees in lieu of prosecution in the court of law; (b) may, in any case in which any property has been seized as being liable to confiscation under this Act, confiscate or release the same by imposing a fine of such amount estimated by the competent authority as deem fit. (2) When the payments referred to in sub-section (1) have been duly made, the accused person, if in custody, shall be discharged, and the property seized, if any, shall be released or disposed of in a proper manner. - 14 - Ex-349/2019 44. Bar to legal proceeding. (1) No suit or other legal proceedings shall lie against any Excise & Narcotics or Police personnel in respect of anything which is done in good faith or intended to be done in pursuance of this Act or the rules made thereunder. (2) No suit or other legal proceedings shall lie against the Government for any damage caused by anything which is done in good faith or intended to be done in pursuance of this Act or the rule made thereunder. 4 5 . Limitation of suit and prosecutions. (1) No Magistrate shall take cognizance of any offence charged against any Excise and Narcotics or Police personnel for the commission of an offence in course of the performance of duty under this Act unless the prosecution is instituted within one month of the commission of the act complained of. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, when any Excise & Narcotics or Police personnel is accused of any offence to have committed by him while acting or purporting to act in the discharge of his official duty under this Act, no Court shall take cognizance of such offence, except with the previous sanction of the Government under Section 197 of the Code of Criminal Procedure, 1973 and section 19 of the Prevention of the Corruption Act, 1988, as the case may be. CHAPTER – VI MISCELLANEOUS 4 6 . Constitution of State Prohibition Council. (1) The Government may, by notification in the Official Gazette, constitute for the specified areas of Mizoram and such period as it may deem fit, a State Prohibition Council consisting of officials and non- officials as may be prescribed by the Government and may also dissolve or reconstitute any such Council. (2) The compositions, powers and functions of the Council and the committee and their relation etc. shall be such as may be prescribed. 4 7 . Composition of the State Prohibition Council. (1) The state Government, may by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the State Prohibition Council to look into the success or otherwise of the implementation of this Act. (2) The State Prohibition Council shall consists of the following members – (a) Minister of Excise and Narcotics, who shall be the Chairman of the State Prohibition Council; (b) Such number of other officials or non-officials members representing such interests as may be prescribed by the state Government. (3) The State Prohibition Council shall meet as and when necessary. However, at least one meeting shall be held every year; - 15 - Ex-349/2019 (4) The State Prohibition Council shall meet at such time and place as the chairman may thinks fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the state Government. 48. District Prohibition Co-ordination Committee. The Government may, by notification, constitutes a District Prohibition Co-ordination Committee comprising of officials and non-officials members for the successful implementation of this Act. 49. Appeals. (1) All orders passed by any Prohibition Officer other than the Commissioner under this Act, shall be appealable to the Commissioner at any time within thirty days from the date of the order complained of. (2) All orders passed by the Commissioner shall be appealable to the Government at any time within thirty days from the date of the order complained of. (3) Subject to the foregoing provisions, the rules which the Government may make in this behalf shall apply to appeals under this section. 50. Revision. The state Government may call for and examine the record of any proceeding before any Prohibition Officer including that relating to the grant or a refusal of a permit under this Act, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed and as to the regularity of any such proceeding and may when calling for such record, direct that the order be not given effect to pending the examination of the record. On examining record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit. 51. Power to remove difficulties. If any difficulty or doubt arises in giving effect to the provisions of this Act, the Government may by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for the removal of the difficulty or doubt, and the order of the Government in such cases shall be final. Provided that the no such power shall be exercised after the expiry of a period of three years from the commencement of the Act. 52. Establishments and delegation of powers. (1) The administration of the provisions of this Act and the rules made thereunder shall generally be under the charge of the Commissioner. (2) The administration of the provisions of this Act and the rules made thereunder and the collection of the excise revenue within a District shall ordinarily be under the charge of the Assistant Commissioner of Excise & Narcotics, or any officer empowered on this behalf. 53. Power to makes rules. (1) The Government may, by notification, make rules or orders or instructions for the purpose of carrying out the provisions of this Act, - 16 - Ex-349/2019 (2) In particular and without prejudice to the generality of the foregoing provisions, such rules or orders or instructions may provide – (a) for regulating the powers and duties of the Commissioner and any other officers subordinate to him; (b) for regulating the delegations of powers by the Commissioner or by any other Excise & Narcotics and Prohibition Officer; (c) for prescribing the conditions for issuing permit or licence; (d) for prescribing the composition, powers and functions of the State Prohibition Council; (e) for prescribing the procedure for disposal of confiscated articles; (f) for the destruction or for the disposal of liquor in any other manner, of any liquor unfit for human consumption; and for regulating the disposal or destruction of articles or things confiscated or seized under this Act. (g) any other matters as may, or require to be prescribed. (3) Every Rules made under this Act shall be laid before the Mizoram Legislative Assembly. 54. Repeal and savings. (1) On and from the commencement of this Act, the Mizoram Liquor (Prohibition & Control) Act, 2014 (Act No. 8 of 2014) and the Rules made thereunder shall stand repealed. Provided however that pending cases under the repealed Acts or Rules shall continue to be tried and disposed of under the repealed Acts or Rules as if the repealed Acts or Rules have not been repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Mizoram Liquor (Pro- hibition & Control) Act, 2014 (Act No. 8 of 2014) and the Rules made or Notifications issued thereunder shall, in so far as they are consistent with the provisions of this Act, be deemed to have been done or taken under the relevant provisions of this Act. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/450“The Mizoram Motor Vehicles (Taxation) (Amendment) Act, 2019” (Act No. 13 of 2019)
- 1 - Ex-350/2019 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Tuesday 28.05.2019 Jyaistha 7, S.E. 1941, Issue No. 350 NOTIFICA TION No.H.12018/71/1996-LJD, the 27 th May, 2019: The following Act is hereby published for general information. “The Mizoram Motor Vehicles (Taxation) (Amendment) Act, 2019” (Act No. 13 of 2019) Secretary to the Govt. of Mizoram, Law & Judicial Department. THE MIZORAM MOTOR VEHICLES (TAXATION) (AMENDMENT) ACT, 2019 AN ACT to further amend the Mizoram Motor Vehicles (Taxation) Act, 1996 (5 of 1996); Be it enacted by the Legislative Assembly of Mizoram in the Seventieth year of the Republic of India as follows:- 1) This Act may be called the Mizoram Motor Vehicles (Taxation) (Amendment) Act, 2019 2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Under sub - section (3) of Section 3 of the Mizoram Motor Vehicles (Taxation) Act, 1996 (hereinafter referred to as the Principal Act), a fifth proviso shall be inserted after the fourth proviso as follows:- “Provided further that all brand new motorised non-transport vehicles to be registered for the first time in the State of Mizoram shall be levied a lifetime road tax as per the options given at Schedule II (A)”. A new Schedule II (A) shall be inserted as an addendum to Schedule II of the Principal Act. 1. Short title and Commencement 2. Insertion of 5 th proviso to Section 3 3. Insertion of new Schedule II(A) - 2 - Ex-350/2019 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200 SCHEDULE II (A) SCHEDULE OF RATES OF LIFETIME ROAD TAX ON VEHICLES UNDER NON-TRANSPORT CATEGORY [See Section 3 (3)] Rate of Tax, if paid in One instalment 6% of the cost of the vehicle (exclusive of GST) for 15 years payable at the time of registration of the vehicle.Two instalments 4.2% of the cost of the vehicle (exclusive of GST) for 10 years payable at the time of registration of the vehicle; and 2.2% for the remaining 5 years payable at the beginning of the 11 th year.Three instalments the 2.2% of the cost of the vehicle (exclusive of GST) for the first 5 years payable at the time of registration of the vehicle, 2.2% for the next 5 years payable at the beginning of the 6th year and 2.2% for the last 5 years payable at the beginning of the 11 th year. Cases of registration Brand new vehicles registered for the first time Sl. No. 1
- 1 - Ex-350/2019 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Tuesday 28.05.2019 Jyaistha 7, S.E. 1941, Issue No. 350 NOTIFICA TION No.H.12018/71/1996-LJD, the 27 th May, 2019: The following Act is hereby published for general information. “The Mizoram Motor Vehicles (Taxation) (Amendment) Act, 2019” (Act No. 13 of 2019) Secretary to the Govt. of Mizoram, Law & Judicial Department. THE MIZORAM MOTOR VEHICLES (TAXATION) (AMENDMENT) ACT, 2019 AN ACT to further amend the Mizoram Motor Vehicles (Taxation) Act, 1996 (5 of 1996); Be it enacted by the Legislative Assembly of Mizoram in the Seventieth year of the Republic of India as follows:- 1) This Act may be called the Mizoram Motor Vehicles (Taxation) (Amendment) Act, 2019 2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Under sub - section (3) of Section 3 of the Mizoram Motor Vehicles (Taxation) Act, 1996 (hereinafter referred to as the Principal Act), a fifth proviso shall be inserted after the fourth proviso as follows:- “Provided further that all brand new motorised non-transport vehicles to be registered for the first time in the State of Mizoram shall be levied a lifetime road tax as per the options given at Schedule II (A)”. A new Schedule II (A) shall be inserted as an addendum to Schedule II of the Principal Act. 1. Short title and Commencement 2. Insertion of 5 th proviso to Section 3 3. Insertion of new Schedule II(A) - 2 - Ex-350/2019 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200 SCHEDULE II (A) SCHEDULE OF RATES OF LIFETIME ROAD TAX ON VEHICLES UNDER NON-TRANSPORT CATEGORY [See Section 3 (3)] Rate of Tax, if paid in One instalment 6% of the cost of the vehicle (exclusive of GST) for 15 years payable at the time of registration of the vehicle.Two instalments 4.2% of the cost of the vehicle (exclusive of GST) for 10 years payable at the time of registration of the vehicle; and 2.2% for the remaining 5 years payable at the beginning of the 11 th year.Three instalments the 2.2% of the cost of the vehicle (exclusive of GST) for the first 5 years payable at the time of registration of the vehicle, 2.2% for the next 5 years payable at the beginning of the 6th year and 2.2% for the last 5 years payable at the beginning of the 11 th year. Cases of registration Brand new vehicles registered for the first time Sl. No. 1“The Mizoram Forest (Amendment) Act, 2019” (Act No. 12 of 2019)
- 1 - Ex-351/2019 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Tuesday 28.05.2019 Jyaistha 7, S.E. 1941, Issue No. 351 NOTIFICA TION No.H.12018/145/04-LJD, the 27 th May, 2019: The following Act is hereby published for general information. “The Mizoram Forest (Amendment) Act, 2019” (Act No. 12 of 2019) Secretary to the Govt. of Mizoram, Law & Judicial Department. THE MIZORAM FOREST ACT (AMENDMENT) ACT, 2019 AN ACT further to amend the Mizoram (Forest) Act, 1995. Be it enacted by the Legislative Assembly of Mizoram in the Seventieth year of the Republic of India as follows, namely: 1) This Act may be called the Mizoram Forest (Amendment) Act, 2019. 2) It shall have the like extent as the Principal Act. 3) It shall come into force at once. 2. In clause (17) of section 2, of the Mizoram Forest Act, 1955 the word "bamboo" shall be omitted. 1. Short title, extent and commencement 2. Amendment of section 2 of Act No. IV of 1955 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200
- 1 - Ex-351/2019 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Tuesday 28.05.2019 Jyaistha 7, S.E. 1941, Issue No. 351 NOTIFICA TION No.H.12018/145/04-LJD, the 27 th May, 2019: The following Act is hereby published for general information. “The Mizoram Forest (Amendment) Act, 2019” (Act No. 12 of 2019) Secretary to the Govt. of Mizoram, Law & Judicial Department. THE MIZORAM FOREST ACT (AMENDMENT) ACT, 2019 AN ACT further to amend the Mizoram (Forest) Act, 1995. Be it enacted by the Legislative Assembly of Mizoram in the Seventieth year of the Republic of India as follows, namely: 1) This Act may be called the Mizoram Forest (Amendment) Act, 2019. 2) It shall have the like extent as the Principal Act. 3) It shall come into force at once. 2. In clause (17) of section 2, of the Mizoram Forest Act, 1955 the word "bamboo" shall be omitted. 1. Short title, extent and commencement 2. Amendment of section 2 of Act No. IV of 1955 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200AFFIDAVIT-Robert Ngurlianthanga
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 353 AFFIDA VIT I, Constable 670,Robert Ngurlianthanga S/o T. Remthanga a permanent resident of Champhai Vengthar, Mizoram do hereby solemnly affirm and declare as under:- 1. That I am a bona fide citizen of India, hailing from the state of Mizoram. 2. That my real and correct name is Robert Ngurlianthanga. 3. That however, in my Service book my name has been mistakenly written and recorded as Ngurlianthanga. 4. That the purpose of this Affidavit is to correct my name which was mistakenly written and recorded as Ngurlianthanga in my service book and to clarify that Robert Ngurlianthanga and Ngurlianthanga is one and belongs to the same person. 5. That the content of para 1-4 above are true and correct to the best of my knowledge and belief and therefore nothing materials has been conceal there from. IN WITNESS WHEREOF I hereunto signed my name on this the 13 th day of March, 2019 at Champhai. Identified by me:Signed before me:Sd/- DEPONENT Sd/- Sd/- LalchawilianaJudicial Magistrate First Class BA, LLB District Court : Champhai Advocate Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 353 AFFIDA VIT I, Constable 670,Robert Ngurlianthanga S/o T. Remthanga a permanent resident of Champhai Vengthar, Mizoram do hereby solemnly affirm and declare as under:- 1. That I am a bona fide citizen of India, hailing from the state of Mizoram. 2. That my real and correct name is Robert Ngurlianthanga. 3. That however, in my Service book my name has been mistakenly written and recorded as Ngurlianthanga. 4. That the purpose of this Affidavit is to correct my name which was mistakenly written and recorded as Ngurlianthanga in my service book and to clarify that Robert Ngurlianthanga and Ngurlianthanga is one and belongs to the same person. 5. That the content of para 1-4 above are true and correct to the best of my knowledge and belief and therefore nothing materials has been conceal there from. IN WITNESS WHEREOF I hereunto signed my name on this the 13 th day of March, 2019 at Champhai. Identified by me:Signed before me:Sd/- DEPONENT Sd/- Sd/- LalchawilianaJudicial Magistrate First Class BA, LLB District Court : Champhai Advocate Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50No.9/2019-State Tax (Rate)
- 1 - Ex-354/2019 NOTIFICA TION No.9/2019-State Tax (Rate) No.J.21011/2/2019-TAX, the 27 th May, 2019: In exercise of the powers conferred by section (1) of section 9, sub-section (1) of section 11, sub-section (1) of section 16 of the Mizoram Goods and Services Tax Act, 2017 (6 of 2017) (herein after referred to as the "said Act"), the Governor of Mizoram, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the notification of the Government of Mizoram, No.02/2019- State Tax (Rate), dated the 22 nd March, 2019, namely :- In the said notification, - (i) in the Table, in column 3, after clause 7, the following clause shall be inserted, namely :- “8. Where any registered person who has availed of input tax credit opts to pay tax under this notification, he shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of input held in stock and inputs contained in semi-finished or finished goods held in stock and on capital goods as if the supply made under this notification attracts the provision of 18 (4) of the said act and the rules there-under and after payment of such amount, the balance of input tax credit, if any, lying in his electronic credit ledger shall lapse.”; (ii) in paragraph 3, in the Explanation, after clause (ii), the following clause shall be inserted, namely:- (iii)the Mizoram Goods and Services Tax Rules, 2017, as applicable to a person paying tax under section 10 of the said Act shall, mutatis mutandis, apply to a person paying tax under this notification.” 2. This notification shall come into force on the 1 st day of April, 2019. Vanlal Chhuanga, Commr. & Secretary to the Govt. of Mizoram, Taxation Department. Note: - The Principal notification was issued vide No. 02/2019 - State Tax (Rate), dated the 22 nd March, 2019. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 354 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
- 1 - Ex-354/2019 NOTIFICA TION No.9/2019-State Tax (Rate) No.J.21011/2/2019-TAX, the 27 th May, 2019: In exercise of the powers conferred by section (1) of section 9, sub-section (1) of section 11, sub-section (1) of section 16 of the Mizoram Goods and Services Tax Act, 2017 (6 of 2017) (herein after referred to as the "said Act"), the Governor of Mizoram, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the notification of the Government of Mizoram, No.02/2019- State Tax (Rate), dated the 22 nd March, 2019, namely :- In the said notification, - (i) in the Table, in column 3, after clause 7, the following clause shall be inserted, namely :- “8. Where any registered person who has availed of input tax credit opts to pay tax under this notification, he shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of input held in stock and inputs contained in semi-finished or finished goods held in stock and on capital goods as if the supply made under this notification attracts the provision of 18 (4) of the said act and the rules there-under and after payment of such amount, the balance of input tax credit, if any, lying in his electronic credit ledger shall lapse.”; (ii) in paragraph 3, in the Explanation, after clause (ii), the following clause shall be inserted, namely:- (iii)the Mizoram Goods and Services Tax Rules, 2017, as applicable to a person paying tax under section 10 of the said Act shall, mutatis mutandis, apply to a person paying tax under this notification.” 2. This notification shall come into force on the 1 st day of April, 2019. Vanlal Chhuanga, Commr. & Secretary to the Govt. of Mizoram, Taxation Department. Note: - The Principal notification was issued vide No. 02/2019 - State Tax (Rate), dated the 22 nd March, 2019. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 354 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50No.10/2019-State Tax (Rate)
- 1 - Ex-354/2019 NOTIFICA TION No.10/2019-State Tax (Rate) No.J.21011/2/2019-TAX, the 27 th May, 2019: In exercise of the powers conferred by sub-sections (1), (3) and (4) of section 9, sub-section (1) of section 11, sub-section (5) of section 15, sub-section (1) of Section 16 and section 148 of the Mizoram Goods and Services Tax Act, 2017 (6 of 2017), the Governor of Mizoram, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do. hereby makes the following further amendments in the notification of the Government of Mizoram, No.11/2017-State Tax (Rate), dated the 7 th July, 2017, published in the Mizoram Gazette, Extraordinary, Vol-XLVI Issue No.326, dated the 11 th July, 2017, namely:- In the said notification, - (i) in the Table, against serial number 3, in items (i.e) and (if), in the entries in column (5), for the figures and letters “10 th”, wherever they occur, the figures and letters “20” shall be substituted; (ii) in Annexure IV, for the figures and letters “10 th”, at both the places where they occur, the figures and letters “20 th” shall be substituted. . Vanlal Chhuanga, Commr. & Secretary to the Govt. of Mizoram, Taxation Department. Note: - The Principal notification No.11/2017-State Tax (Rate), dated the 7 th July, 2017, published in the Mizoram Gazette, Extraordinary, Vol-XLVI, dated the 11 th July, 2017 and was last amended by notification No. 3/2019-State Tax (Rate), dated the 2 nd May, 2019. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 355 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
- 1 - Ex-354/2019 NOTIFICA TION No.10/2019-State Tax (Rate) No.J.21011/2/2019-TAX, the 27 th May, 2019: In exercise of the powers conferred by sub-sections (1), (3) and (4) of section 9, sub-section (1) of section 11, sub-section (5) of section 15, sub-section (1) of Section 16 and section 148 of the Mizoram Goods and Services Tax Act, 2017 (6 of 2017), the Governor of Mizoram, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do. hereby makes the following further amendments in the notification of the Government of Mizoram, No.11/2017-State Tax (Rate), dated the 7 th July, 2017, published in the Mizoram Gazette, Extraordinary, Vol-XLVI Issue No.326, dated the 11 th July, 2017, namely:- In the said notification, - (i) in the Table, against serial number 3, in items (i.e) and (if), in the entries in column (5), for the figures and letters “10 th”, wherever they occur, the figures and letters “20” shall be substituted; (ii) in Annexure IV, for the figures and letters “10 th”, at both the places where they occur, the figures and letters “20 th” shall be substituted. . Vanlal Chhuanga, Commr. & Secretary to the Govt. of Mizoram, Taxation Department. Note: - The Principal notification No.11/2017-State Tax (Rate), dated the 7 th July, 2017, published in the Mizoram Gazette, Extraordinary, Vol-XLVI, dated the 11 th July, 2017 and was last amended by notification No. 3/2019-State Tax (Rate), dated the 2 nd May, 2019. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 355 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Member of HPC, Lunglei
- 1 - Ex-356/2019 NOTIFICA TION No.G.28015/l/93-PLG(LHPC), the 28 th May, 2019:The Governor of Mizoram, on the advice of the Hon'ble Chief Minister, is pleased to appoint the following Members as Member of HPC,Lunglei with immediate effect and until further order : 1) Deputy Commissioner, Lunglei -Member Secretary 2) Chief Planning Officer, HPC, Lunglei - Member 3) Pu C. Thanseia, Chanmari, Lunglei - Member 4) Pu C. Lalchhuana, Venglai, Lunglei - Member 5) Pu F. Lalsawmkima, Bazar Veng, Lunglei - Member 6) Pu F. Lalzarmawia, Lunglawn, Lunglei - Member 7) Pu K. Lalhnema, Lunglawn, Lunglei - Member 8) Pu Lalchhandama, Venghlun, Lunglei- Member 9) Pu Robert Hmingthansanga, Farm Veng, Lunglei - Member 10) Pu. H. Lalthansanga, Ramthar, Lunglei - Member 11) Pu Lalrotluanga, Electrict Veng, Lunglei - Member Terms & Conditions with Function of the HPC, Lunglei are also enclosed . Dr. C. Vanlalramsanga, Secretary to the Govt. of Mizoram, Planning & Programme Implementation Deptt. Terms and conditions of the HPC, Lunglei Members i. The Chairman of HPC, Lunglei shall preside over the meetings unless otherwise delegated by him to the Vice-Chairman or Secretary. ii. Non-official members will be paid T.A. & D.A. as admissible to Group “A” officer of the State Government and a sitting allowance while performing duties in connection with High Powered Committee, Lunglei. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 356 - 2 - Ex-356/2019 iii.The tenure of all Non Official members shall be for three years. iv. The State Government reserves to itself the power of reconstituting the membership of the Committee any time it thinks fit. Functions of High Powered Commitee, Lunglei. a) To prepare District Development Plan- perspective, medium term & short term. b) To collect, process and maintain all information relevant to District Planning and to conduct surveys, if necessary. c) To supervise, monitor, review, coordinate, and evaluate all development works in the District viz., State Flagship Programme (SEDP), CSS, NEC, NESIDS/NLCPR and other Developmental Work. d) Setting district priorities on the basis of consensus among Planning/Development Committees at the Block and Village level, line departments, civil societies, academia and other stakeholders in development. e) Do such things as may be prescribed by the Government. f) If found necessary, HPC may, with the approval of the State Government, constitute a Block Development Committee at RD Block level, and a Village Development Board/Committee at the village level. g) In order to avoid duplicity and overlapping of developmental works within Lunglei Districts , HPC, Lunglei will streamline and oversee all the schemes and projects of the Departments. h) The committee will have the power and liberty to draw up developmental projects and schemes considered necessary for the District for onward submission to the Central Government or any other funding agencies through the State Planning Board and pursue the same. i) Planning & Programme Implementation Department, Government of Mizoram will be the Nodal Department for Lunglei High Powered Committee. j) It will formulate District Plan and schemes, set priorities and determine plan policies and thrust areas and forward the proposed plan to the Planning Department for approval. k) It will formulate and implement District level plan out of the outlay earmarked as discretionary and incentive fund/separately earmarked to meet local aspirations. 1) The Committee will also have the power and liberty to draw up developmental projects and schemes considered necessary for the District for onward submission to the Central Government or any other funding agencies through the Planning Department and pursue the same. m) To review, monitor and evaluate the progress of various Development schemes implemented by different Departments within the Districts on the basis of quarterly reports submitted by the heads of District Offices and submit the consolidated Reports to the State Planning Board. n) To promote public participation and cooperation in developmental programmes and expand local community efforts both in urban and rural areas. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
- 1 - Ex-356/2019 NOTIFICA TION No.G.28015/l/93-PLG(LHPC), the 28 th May, 2019:The Governor of Mizoram, on the advice of the Hon'ble Chief Minister, is pleased to appoint the following Members as Member of HPC,Lunglei with immediate effect and until further order : 1) Deputy Commissioner, Lunglei -Member Secretary 2) Chief Planning Officer, HPC, Lunglei - Member 3) Pu C. Thanseia, Chanmari, Lunglei - Member 4) Pu C. Lalchhuana, Venglai, Lunglei - Member 5) Pu F. Lalsawmkima, Bazar Veng, Lunglei - Member 6) Pu F. Lalzarmawia, Lunglawn, Lunglei - Member 7) Pu K. Lalhnema, Lunglawn, Lunglei - Member 8) Pu Lalchhandama, Venghlun, Lunglei- Member 9) Pu Robert Hmingthansanga, Farm Veng, Lunglei - Member 10) Pu. H. Lalthansanga, Ramthar, Lunglei - Member 11) Pu Lalrotluanga, Electrict Veng, Lunglei - Member Terms & Conditions with Function of the HPC, Lunglei are also enclosed . Dr. C. Vanlalramsanga, Secretary to the Govt. of Mizoram, Planning & Programme Implementation Deptt. Terms and conditions of the HPC, Lunglei Members i. The Chairman of HPC, Lunglei shall preside over the meetings unless otherwise delegated by him to the Vice-Chairman or Secretary. ii. Non-official members will be paid T.A. & D.A. as admissible to Group “A” officer of the State Government and a sitting allowance while performing duties in connection with High Powered Committee, Lunglei. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 356 - 2 - Ex-356/2019 iii.The tenure of all Non Official members shall be for three years. iv. The State Government reserves to itself the power of reconstituting the membership of the Committee any time it thinks fit. Functions of High Powered Commitee, Lunglei. a) To prepare District Development Plan- perspective, medium term & short term. b) To collect, process and maintain all information relevant to District Planning and to conduct surveys, if necessary. c) To supervise, monitor, review, coordinate, and evaluate all development works in the District viz., State Flagship Programme (SEDP), CSS, NEC, NESIDS/NLCPR and other Developmental Work. d) Setting district priorities on the basis of consensus among Planning/Development Committees at the Block and Village level, line departments, civil societies, academia and other stakeholders in development. e) Do such things as may be prescribed by the Government. f) If found necessary, HPC may, with the approval of the State Government, constitute a Block Development Committee at RD Block level, and a Village Development Board/Committee at the village level. g) In order to avoid duplicity and overlapping of developmental works within Lunglei Districts , HPC, Lunglei will streamline and oversee all the schemes and projects of the Departments. h) The committee will have the power and liberty to draw up developmental projects and schemes considered necessary for the District for onward submission to the Central Government or any other funding agencies through the State Planning Board and pursue the same. i) Planning & Programme Implementation Department, Government of Mizoram will be the Nodal Department for Lunglei High Powered Committee. j) It will formulate District Plan and schemes, set priorities and determine plan policies and thrust areas and forward the proposed plan to the Planning Department for approval. k) It will formulate and implement District level plan out of the outlay earmarked as discretionary and incentive fund/separately earmarked to meet local aspirations. 1) The Committee will also have the power and liberty to draw up developmental projects and schemes considered necessary for the District for onward submission to the Central Government or any other funding agencies through the Planning Department and pursue the same. m) To review, monitor and evaluate the progress of various Development schemes implemented by different Departments within the Districts on the basis of quarterly reports submitted by the heads of District Offices and submit the consolidated Reports to the State Planning Board. n) To promote public participation and cooperation in developmental programmes and expand local community efforts both in urban and rural areas. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Mizoram Rewards for Detection of Forest and Wildlife Offence Scheme, 2019
- 1 - Ex-357/2019 NOTIFICA TION No.B.12011/13/99-FST, the 27 th May, 2019:Whereas hunting, illegal felling of trees and trade of plants, timber and wildlife is a growing transnational criminal activity that imperils the continued viability of thousands of plant and animal species worldwide, threatens global security, and harms legitimate businesses, destabilizing communities that depend on wildlife for biodiversity and ecotourism revenues and has adverse economic impacts and also undermines conservation efforts and continues to push some endangered species to the brink of extinction. And whereas paying financial rewards to person who provide information that leads to arrests, criminal convictions, civil penalties, or property forfeitures for violations of the forest and wildlife laws is an important tool for detection and apprehension of the offenders and could also serve as a deterrent to forest and wildlife crimes. And whereas it is also felt necessary to pay financial rewards to person who, by spending own resources, renders service or assistance in the detection of offence, seizure of wildlife article and illegally collected forest produce as well as arms, weapons, tools, equipment, vehicles, etc used in commission of offences and/or in the apprehension of offenders. Now, therefore, in view of the above and in exercise of the powers conferred by Section 64 read with section 60A & 60B of the Wildlife (Protection) Act, 1972 and section 42 of the Mizoram (Forest) Act, 1955, the Governor of Mizoram is pleased to make the following scheme for payment of financial rewards to a person who provides information that leads to seizures, arrests, criminal convictions, civil penalties, or property confiscations for violations of forest and wildlife laws as well as to a person who renders service or assistance in detection, arrest and seizure for committing forest and wildlife crimes. 1. Short title, extent and commencement: (1) This scheme may be called the Mizoram Rewards for Detection of Forest and Wildlife Offence Scheme, 2019. (2) It shall extend to the whole of Mizoram. (3) It shall come into force with effect from the date of their publication in the Mizoram Gazette. 2 . Definitions: In this scheme, unless the context otherwise requires, (a) “CF” means the Conservator of Forests, Government of Mizoram; (b) “CWLW” means the Chief Wildlife Warden, Government of Mizoram; The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 357 - 2 - Ex-357/2019 (c) “DFO” means Divisional Forest Officer/Deputy Conservator of Forests of territorial/wildlife division and includes Field Director of Dampa Tiger Reserve under the Government of Mizoram; (d) “Forest produce” means a forest produce as defined in the Mizoram (Forest) Act, 1955; (e) “Offence” means an offence or crime punishable under the Wildlife (Protection) Act, 1972, the Mizoram (Forest) Act, 1955 and the Forest (Conservation) Act, 1980; (f) “Offender” means a person who committed an offence punishable under the Wildlife (Protection) Act, 1972, the Mizoram (Forest) Act, 1955 and the Forest (Conservation) Act, 1980; (g) “PCCF” means the Principal Chief Conservator of Forests, Government of Mizoram. ( h ) “Person” includes an individual, group of individuals, a body, a non-government organization (NGO) or a society; (i) “RFO” means Range Forest Officer or Range Officer of the Environment, Forest & Climate Change Department, Government of Mizoram; (i) “Wild animal” means all such species of wild animals other than vermin listed in Schedule V of the Wildlife (Protection) Act, 1972; 3 . Persons eligible for reward: (1) Any person who provides actionable first hand information that leads to an arrest, criminal conviction, penalty, seizure and/or confiscation of forest produce, wildlife article and/or property, tools, weapons used for commission of the offence (hereinafter referred to as informant or informer) shall be eligible to get rewards under this scheme. (2) Any person who renders service or assistance in detection of an offence, in apprehension of offender or in the seizure of forest produce or wildlife article as well as arms, weapons, tools, equipment, vehicle, etc used in committing the offence shall also be eligible to get rewards under this scheme provided that the offender or seized articles are brought to book. (3) Priority shall be given to cases where the offenders are brought to book. 4. Persons not eligible for reward: (1) Any person who furnishes information or renders service or assistance in the detection of offence or seizure or arrest but is involved in the commission of the offence is ineligible for such reward under this scheme. (2) Any officer or employee of the Government of Mizoram who furnishes information or renders service or assistance in the performance of his official duties is ineligible for payment of reward under this scheme. 5 . Furnishing of information about occurrence of forest and wildlife crime/offence: (1) Any person who detects or comes across an offence being committed or already committed may, in the interest of forest and wildlife conservation, report or furnish information with supporting evidence and photographs, if any, about the occurrence of an offence in writing or through whatsapp message or email to the officials of the Forest Department under whose jurisdiction the offence was committed. (2) To facilitate reporting of such offence cases, the Forest Department will furnish the name, contact number and email id of the concerned officials in the official website and to the President of the concerned Village Councils and YMA Branches. 6 . Follow-up action on the report of occurrence of the offence: (1) The DFO/Range Forest Officer, on receipt of the lead/report/ information about occurrence of the offence, will immediately take follow-up action and it will be the duty of the DFO / RFO concerned to ensure that the offence case, if found genuine, is taken up and brought to book as per relevant laws in force within the shortest possible time. - 3 - Ex-357/2019 (2) In case the occurrence of the offence was already reported by any other person earlier and the required follow-up action already initiated, the DFO/RFO will inform the same to the informant. (3) The DFO/RFO shall keep record about the particulars of the informant and details about the offence/ offenders/seizures to facilitate follow-up action and verification when the claim for reward is received at a later date. 7 . Application for claim of reward: (1) An eligible person who, in the interest of forest and wildlife conservation, furnished actionable first hand information about occurrence of an offence may submit application in plain paper for claim of reward to the DFO/RFO concerned giving the following details within 30 (thirty) days of furnishing the information to the DFO/RFO - (i) Nature/type and details of offence detected; (ii) Time of detection of the offence; (iii)Location or place of occurrence/detection of the offence; (iv)Name of offender(s), if known; (v) Time and mode of furnishing information to forest official and name and designation of forest official to whom information was furnished; (vi)Name, contact number and address of witness, if any; (vii)Supporting documents/evidence/photographs, (viii)Name, address, contact number and bank account number of the claimant. (2) An eligible person who, in the interest of forest and wildlife conservation, renders service in apprehending the offenders, seizure of forest produce/wildlife article and any property used in the commission of such offence may submit application in plain paper for claim of reward to the DFO/RFO concerned giving the following details within 30 (thirty) days of such seizure or apprehension of the offender- (i) Nature/type and details of offence detected; (ii) Time of detection of the offence; (iii)Location or place of occurrence/detection of the offence; (iv)Name, father's name and address of offenders apprehended, if any; (v) List and details of articles/properties seized, if any; (vi)Date and place of handing over the offenders and seized articles to forest official, and name and designation of forest official to whom the offenders/seized articles were handed over; (vii)Name & address of persons/officials who made the seizure/arrest; (viii)Expenditure incurred for detection/seizure/arrest with supporting vouchers/documents; (ix)Supporting documents/evidence/photographs. (x) Name, address, contact number and bank account number of the claimant. 8. Procedure for processing the claim for reward: (1) On receipt of claim for the reward, the RFO shall examine and verify about the genuineness of the claim with his record. If the claim is found genuine, he will forward the application/claim with his report indicating the action taken by him in column 3 of Annexure to the DFO within 10 days of receipt of the claim. (2) The DFO will then examine the matter and forward the claim with his comments/remarks including the action taken by him on the offence case in column 4 of Annexure to the CF concerned for his decision in case of forest offence case and/or to the CWLW for his decision in case of wildlife offence case within 10 days of receipt of the report. (3) The CWLW or the CF, as the case may be, on receipt of the claim for the reward with the report/ - 4 - Ex-357/2019 comments from the RFO/DFO, shall examine the case and convey his decision/sanction to the DFO concerned and his decision shall be final. (4) On receipt of sanction for the reward from the CWLW or CF concerned, the concerned DFO will make payment of the sanctioned amount to the successful claimant through account payee cheque/ electronic transfer. (5) Name of the informant shall be kept confidential. 9 . Fund provision: (1) A budgetary provision of up to Rs. 10.00 lakh per annum may be allocated for the scheme in the regular budget at the beginning of financial year. 1 0 . Admissible rate of reward: (1) Reward to the eligible person/claimant shall be sanctioned at the rates given below subject to availability of funds @ Rs.1000/- to Rs. 10,000/- for minor cases and Rs. 10,000/- to Rs.20,000/- for major cases. Ajai Saxena, Principal Secretary to the Govt. of Mizoram, Environment, Forests & Climate Change Department. - 5 - Ex-357/2019 Annexure VERIFICATION REPORT ON CLAIM OF REWARD BY FOREST & WILDLIFE WHISTLEBLOWERS Sn Particulars To be filled in by Range Forest OfficerComments/remarks by the DFO 12 3 4 1 Name & address of informant who claims reward for furnishing first hand information 2 Nature and type of offence 3 Location/place of occurrence of offence and status of forest/land where the incident took place (with GPS readings) 4 Name & designation of official who received the information with date & time 5 Name & designation of official who visited the site with date of visit 6 PI state whether the information furnished by the informant was correct and if so, give details of action taken by the Department on receipt of the information indicating whether the case was compounded or filed in court, whether offenders are known/arrested, etc. 7 Name & address of person who claims reward for rendering service/assistance in detection, seizure, arrest, etc, if any, and details of service/ assistance rendered 8 Details of forest produce/wildlife article/other properties seized with approximate value 9 Name & address of offender, if known 10 Any other relevant information Signature of RFO: Signature of DFO: Name: Name: Seal of RFO: Seal of DFO: Note: DFO may indicate amount of fine, compounding fee, sale proceed, etc on the seized properties/articles. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
- 1 - Ex-357/2019 NOTIFICA TION No.B.12011/13/99-FST, the 27 th May, 2019:Whereas hunting, illegal felling of trees and trade of plants, timber and wildlife is a growing transnational criminal activity that imperils the continued viability of thousands of plant and animal species worldwide, threatens global security, and harms legitimate businesses, destabilizing communities that depend on wildlife for biodiversity and ecotourism revenues and has adverse economic impacts and also undermines conservation efforts and continues to push some endangered species to the brink of extinction. And whereas paying financial rewards to person who provide information that leads to arrests, criminal convictions, civil penalties, or property forfeitures for violations of the forest and wildlife laws is an important tool for detection and apprehension of the offenders and could also serve as a deterrent to forest and wildlife crimes. And whereas it is also felt necessary to pay financial rewards to person who, by spending own resources, renders service or assistance in the detection of offence, seizure of wildlife article and illegally collected forest produce as well as arms, weapons, tools, equipment, vehicles, etc used in commission of offences and/or in the apprehension of offenders. Now, therefore, in view of the above and in exercise of the powers conferred by Section 64 read with section 60A & 60B of the Wildlife (Protection) Act, 1972 and section 42 of the Mizoram (Forest) Act, 1955, the Governor of Mizoram is pleased to make the following scheme for payment of financial rewards to a person who provides information that leads to seizures, arrests, criminal convictions, civil penalties, or property confiscations for violations of forest and wildlife laws as well as to a person who renders service or assistance in detection, arrest and seizure for committing forest and wildlife crimes. 1. Short title, extent and commencement: (1) This scheme may be called the Mizoram Rewards for Detection of Forest and Wildlife Offence Scheme, 2019. (2) It shall extend to the whole of Mizoram. (3) It shall come into force with effect from the date of their publication in the Mizoram Gazette. 2 . Definitions: In this scheme, unless the context otherwise requires, (a) “CF” means the Conservator of Forests, Government of Mizoram; (b) “CWLW” means the Chief Wildlife Warden, Government of Mizoram; The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 357 - 2 - Ex-357/2019 (c) “DFO” means Divisional Forest Officer/Deputy Conservator of Forests of territorial/wildlife division and includes Field Director of Dampa Tiger Reserve under the Government of Mizoram; (d) “Forest produce” means a forest produce as defined in the Mizoram (Forest) Act, 1955; (e) “Offence” means an offence or crime punishable under the Wildlife (Protection) Act, 1972, the Mizoram (Forest) Act, 1955 and the Forest (Conservation) Act, 1980; (f) “Offender” means a person who committed an offence punishable under the Wildlife (Protection) Act, 1972, the Mizoram (Forest) Act, 1955 and the Forest (Conservation) Act, 1980; (g) “PCCF” means the Principal Chief Conservator of Forests, Government of Mizoram. ( h ) “Person” includes an individual, group of individuals, a body, a non-government organization (NGO) or a society; (i) “RFO” means Range Forest Officer or Range Officer of the Environment, Forest & Climate Change Department, Government of Mizoram; (i) “Wild animal” means all such species of wild animals other than vermin listed in Schedule V of the Wildlife (Protection) Act, 1972; 3 . Persons eligible for reward: (1) Any person who provides actionable first hand information that leads to an arrest, criminal conviction, penalty, seizure and/or confiscation of forest produce, wildlife article and/or property, tools, weapons used for commission of the offence (hereinafter referred to as informant or informer) shall be eligible to get rewards under this scheme. (2) Any person who renders service or assistance in detection of an offence, in apprehension of offender or in the seizure of forest produce or wildlife article as well as arms, weapons, tools, equipment, vehicle, etc used in committing the offence shall also be eligible to get rewards under this scheme provided that the offender or seized articles are brought to book. (3) Priority shall be given to cases where the offenders are brought to book. 4. Persons not eligible for reward: (1) Any person who furnishes information or renders service or assistance in the detection of offence or seizure or arrest but is involved in the commission of the offence is ineligible for such reward under this scheme. (2) Any officer or employee of the Government of Mizoram who furnishes information or renders service or assistance in the performance of his official duties is ineligible for payment of reward under this scheme. 5 . Furnishing of information about occurrence of forest and wildlife crime/offence: (1) Any person who detects or comes across an offence being committed or already committed may, in the interest of forest and wildlife conservation, report or furnish information with supporting evidence and photographs, if any, about the occurrence of an offence in writing or through whatsapp message or email to the officials of the Forest Department under whose jurisdiction the offence was committed. (2) To facilitate reporting of such offence cases, the Forest Department will furnish the name, contact number and email id of the concerned officials in the official website and to the President of the concerned Village Councils and YMA Branches. 6 . Follow-up action on the report of occurrence of the offence: (1) The DFO/Range Forest Officer, on receipt of the lead/report/ information about occurrence of the offence, will immediately take follow-up action and it will be the duty of the DFO / RFO concerned to ensure that the offence case, if found genuine, is taken up and brought to book as per relevant laws in force within the shortest possible time. - 3 - Ex-357/2019 (2) In case the occurrence of the offence was already reported by any other person earlier and the required follow-up action already initiated, the DFO/RFO will inform the same to the informant. (3) The DFO/RFO shall keep record about the particulars of the informant and details about the offence/ offenders/seizures to facilitate follow-up action and verification when the claim for reward is received at a later date. 7 . Application for claim of reward: (1) An eligible person who, in the interest of forest and wildlife conservation, furnished actionable first hand information about occurrence of an offence may submit application in plain paper for claim of reward to the DFO/RFO concerned giving the following details within 30 (thirty) days of furnishing the information to the DFO/RFO - (i) Nature/type and details of offence detected; (ii) Time of detection of the offence; (iii)Location or place of occurrence/detection of the offence; (iv)Name of offender(s), if known; (v) Time and mode of furnishing information to forest official and name and designation of forest official to whom information was furnished; (vi)Name, contact number and address of witness, if any; (vii)Supporting documents/evidence/photographs, (viii)Name, address, contact number and bank account number of the claimant. (2) An eligible person who, in the interest of forest and wildlife conservation, renders service in apprehending the offenders, seizure of forest produce/wildlife article and any property used in the commission of such offence may submit application in plain paper for claim of reward to the DFO/RFO concerned giving the following details within 30 (thirty) days of such seizure or apprehension of the offender- (i) Nature/type and details of offence detected; (ii) Time of detection of the offence; (iii)Location or place of occurrence/detection of the offence; (iv)Name, father's name and address of offenders apprehended, if any; (v) List and details of articles/properties seized, if any; (vi)Date and place of handing over the offenders and seized articles to forest official, and name and designation of forest official to whom the offenders/seized articles were handed over; (vii)Name & address of persons/officials who made the seizure/arrest; (viii)Expenditure incurred for detection/seizure/arrest with supporting vouchers/documents; (ix)Supporting documents/evidence/photographs. (x) Name, address, contact number and bank account number of the claimant. 8. Procedure for processing the claim for reward: (1) On receipt of claim for the reward, the RFO shall examine and verify about the genuineness of the claim with his record. If the claim is found genuine, he will forward the application/claim with his report indicating the action taken by him in column 3 of Annexure to the DFO within 10 days of receipt of the claim. (2) The DFO will then examine the matter and forward the claim with his comments/remarks including the action taken by him on the offence case in column 4 of Annexure to the CF concerned for his decision in case of forest offence case and/or to the CWLW for his decision in case of wildlife offence case within 10 days of receipt of the report. (3) The CWLW or the CF, as the case may be, on receipt of the claim for the reward with the report/ - 4 - Ex-357/2019 comments from the RFO/DFO, shall examine the case and convey his decision/sanction to the DFO concerned and his decision shall be final. (4) On receipt of sanction for the reward from the CWLW or CF concerned, the concerned DFO will make payment of the sanctioned amount to the successful claimant through account payee cheque/ electronic transfer. (5) Name of the informant shall be kept confidential. 9 . Fund provision: (1) A budgetary provision of up to Rs. 10.00 lakh per annum may be allocated for the scheme in the regular budget at the beginning of financial year. 1 0 . Admissible rate of reward: (1) Reward to the eligible person/claimant shall be sanctioned at the rates given below subject to availability of funds @ Rs.1000/- to Rs. 10,000/- for minor cases and Rs. 10,000/- to Rs.20,000/- for major cases. Ajai Saxena, Principal Secretary to the Govt. of Mizoram, Environment, Forests & Climate Change Department. - 5 - Ex-357/2019 Annexure VERIFICATION REPORT ON CLAIM OF REWARD BY FOREST & WILDLIFE WHISTLEBLOWERS Sn Particulars To be filled in by Range Forest OfficerComments/remarks by the DFO 12 3 4 1 Name & address of informant who claims reward for furnishing first hand information 2 Nature and type of offence 3 Location/place of occurrence of offence and status of forest/land where the incident took place (with GPS readings) 4 Name & designation of official who received the information with date & time 5 Name & designation of official who visited the site with date of visit 6 PI state whether the information furnished by the informant was correct and if so, give details of action taken by the Department on receipt of the information indicating whether the case was compounded or filed in court, whether offenders are known/arrested, etc. 7 Name & address of person who claims reward for rendering service/assistance in detection, seizure, arrest, etc, if any, and details of service/ assistance rendered 8 Details of forest produce/wildlife article/other properties seized with approximate value 9 Name & address of offender, if known 10 Any other relevant information Signature of RFO: Signature of DFO: Name: Name: Seal of RFO: Seal of DFO: Note: DFO may indicate amount of fine, compounding fee, sale proceed, etc on the seized properties/articles. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Four Digits Online Weekly Lottery
- 1 - Ex-358/2019 NOTIFICA TION No.G.16016/6/2012-F.Est, the 28 th May, 2019:In the interest of public service and for generation of additional revenues and in terms of Rules 3(2) of Lottery (Regulation) Rules, 2010 of Government of India, the competent authority is pleased to introduce and organize, Four Digits Online Weekly Lottery through Director of IF&SL with the following descriptions :- 1. Name of Lottery Scheme :Four Digits Online Weekly Lottery. Details of the Scheme are attached at Annexure-A. 2. Distributor/Selling Agent : N.V. International, Y-308, 1 st Floor, Chaltlang, Aizawl. 3. Draw Place : Directorate of Institutional Finance & State Lottery, Tuikhuahtlang, Aizawl. 4. Draw Date and Time : 1 st Draw on 03.06.2019 at 11:10 a.m onwards. 5. Marketing Area : Maharashtra, Goa, Sikkim & Punjab. The revenues generated from the sale proceeds of the tickets shall be invested for the welfare of Health care, Education, Public Sanitation and other Social Sectors. By order etc. Secretary to the Govt. of Mizoram, Finance Department. ANNEXURE - A GOVERNMENT OF MIZORAM FOUR DIGITS ONLINE WEEKLY LOTTERY Date of Draw June 03, 2019 and onwards Ticket price Rs.2 [Rupees two only] per selection Frequency of DrawWeekly Draws to be conducted at At the office of the Directorate of IF&SL, Aizawl, Mizoram. Draws conducted by Directorate of State Lotteries, Government of Mizoram The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 358 - 2 - Ex-358/2019 PLAY AND DRAW INSTRUCTIONS 1 The player is free to select any FOUR DIGITS number between the ranges from 0000 to 9999 with desired series, for one play. There are 1000 Series (Alpha A,B,C,D,E,G,H,J,K,L + Numeric 00 - 99) available. He can select as many four digits numbers he wishes or the same four digits number multiple times by paying appropriate amount as per the number of selections. 2 At the time of draw, for 1 st prize one four digits number will be drawn from 0000 to 9999 with alpha- numeric series. The player who matches exactly the alpha-numeric series and the four digits number in the same order of that of the drawn result will be eligible for the 1 st prize. 3 For 2 nd prize one four digits number will be drawn from 0000 to 9999 with alpha-numeric series. The player who matches exactly the alpha-numeric series and the four digits number in the same order of that of the drawn result will be eligible for the 2 nd prize. 4 For 3 rd prize one four digits number will be drawn from 0000 to 9999 with alpha-numeric series. The player who matches exactly the alpha-numeric series and the four digits number in the same order of that of the drawn result will be eligible for the 3 rd prize. 5 For 4 th prize individual and unique 100 four digits number will be drawn from 0000 to 9999. The player who matches the four digits number selected with the four digits numbers drawn in the same order will be eligible for the 4 th prize. 6 One selection is eligible for only one prize, whichever is higher. 7 NO PRIZE WILL BE AWARDED FOR ANY COMBINATIONS LESS THAN FOUR DIGITS. 8 There shall be no multi draws combined under single scheme. 9 No trade mark sign allowed on the ticket other than that approved by the Director, Mizoram State Lotteries. FOUR DIGITS ONLINE WEEKLY LOTTERY SCHEME Ticket Price Rs.2 per selection RankExamplePrize Amt. P O % 1 J 35 879610,0000.050% 2 E 83 19673,0000.015% 3 C 04 65211,5000.008% 4 2706 14070.00% Cumulative Payout70.073% FOUR DIGITS ONLINE WEEKLY LOTTERY GAME DETAILS Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 S.No.DRAW TIMEMONDAY TUESDAY WEDNESDA YTHURSDAY FRIDAY SATURDAY SUNDAY 1 11:10 AM AKASH AMOGHA PRITHVI AGNI ASTRA HELINA ASHWIN 2 11:30 AM SHAURYA BRAHMOS DHANUSH SURYA NIRBHAY BARAK TRISHUL 3 11:50 AM SARPECH EARING BROOCHES BANGLES ARMLETS ANKLETS CAMEOS 4 12:10 PM GAGAN GUNJEN GAJAB GULL GIRI GARV GAZAL 5 12:30 PM TAWK BHAAGY NASIBA KISAMATA BHAGYA FORTUNA LUCK 6 12:50 PM YASH YAKIN YAGNA YAMI YAVAN YAAR YEN
- 1 - Ex-358/2019 NOTIFICA TION No.G.16016/6/2012-F.Est, the 28 th May, 2019:In the interest of public service and for generation of additional revenues and in terms of Rules 3(2) of Lottery (Regulation) Rules, 2010 of Government of India, the competent authority is pleased to introduce and organize, Four Digits Online Weekly Lottery through Director of IF&SL with the following descriptions :- 1. Name of Lottery Scheme :Four Digits Online Weekly Lottery. Details of the Scheme are attached at Annexure-A. 2. Distributor/Selling Agent : N.V. International, Y-308, 1 st Floor, Chaltlang, Aizawl. 3. Draw Place : Directorate of Institutional Finance & State Lottery, Tuikhuahtlang, Aizawl. 4. Draw Date and Time : 1 st Draw on 03.06.2019 at 11:10 a.m onwards. 5. Marketing Area : Maharashtra, Goa, Sikkim & Punjab. The revenues generated from the sale proceeds of the tickets shall be invested for the welfare of Health care, Education, Public Sanitation and other Social Sectors. By order etc. Secretary to the Govt. of Mizoram, Finance Department. ANNEXURE - A GOVERNMENT OF MIZORAM FOUR DIGITS ONLINE WEEKLY LOTTERY Date of Draw June 03, 2019 and onwards Ticket price Rs.2 [Rupees two only] per selection Frequency of DrawWeekly Draws to be conducted at At the office of the Directorate of IF&SL, Aizawl, Mizoram. Draws conducted by Directorate of State Lotteries, Government of Mizoram The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 30.05.2019 Jyaistha 9, S.E. 1941, Issue No. 358 - 2 - Ex-358/2019 PLAY AND DRAW INSTRUCTIONS 1 The player is free to select any FOUR DIGITS number between the ranges from 0000 to 9999 with desired series, for one play. There are 1000 Series (Alpha A,B,C,D,E,G,H,J,K,L + Numeric 00 - 99) available. He can select as many four digits numbers he wishes or the same four digits number multiple times by paying appropriate amount as per the number of selections. 2 At the time of draw, for 1 st prize one four digits number will be drawn from 0000 to 9999 with alpha- numeric series. The player who matches exactly the alpha-numeric series and the four digits number in the same order of that of the drawn result will be eligible for the 1 st prize. 3 For 2 nd prize one four digits number will be drawn from 0000 to 9999 with alpha-numeric series. The player who matches exactly the alpha-numeric series and the four digits number in the same order of that of the drawn result will be eligible for the 2 nd prize. 4 For 3 rd prize one four digits number will be drawn from 0000 to 9999 with alpha-numeric series. The player who matches exactly the alpha-numeric series and the four digits number in the same order of that of the drawn result will be eligible for the 3 rd prize. 5 For 4 th prize individual and unique 100 four digits number will be drawn from 0000 to 9999. The player who matches the four digits number selected with the four digits numbers drawn in the same order will be eligible for the 4 th prize. 6 One selection is eligible for only one prize, whichever is higher. 7 NO PRIZE WILL BE AWARDED FOR ANY COMBINATIONS LESS THAN FOUR DIGITS. 8 There shall be no multi draws combined under single scheme. 9 No trade mark sign allowed on the ticket other than that approved by the Director, Mizoram State Lotteries. FOUR DIGITS ONLINE WEEKLY LOTTERY SCHEME Ticket Price Rs.2 per selection RankExamplePrize Amt. P O % 1 J 35 879610,0000.050% 2 E 83 19673,0000.015% 3 C 04 65211,5000.008% 4 2706 14070.00% Cumulative Payout70.073% FOUR DIGITS ONLINE WEEKLY LOTTERY GAME DETAILS Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 S.No.DRAW TIMEMONDAY TUESDAY WEDNESDA YTHURSDAY FRIDAY SATURDAY SUNDAY 1 11:10 AM AKASH AMOGHA PRITHVI AGNI ASTRA HELINA ASHWIN 2 11:30 AM SHAURYA BRAHMOS DHANUSH SURYA NIRBHAY BARAK TRISHUL 3 11:50 AM SARPECH EARING BROOCHES BANGLES ARMLETS ANKLETS CAMEOS 4 12:10 PM GAGAN GUNJEN GAJAB GULL GIRI GARV GAZAL 5 12:30 PM TAWK BHAAGY NASIBA KISAMATA BHAGYA FORTUNA LUCK 6 12:50 PM YASH YAKIN YAGNA YAMI YAVAN YAAR YENState Lottery Draw Result
- PB - - 1 - NOTIFICA TION No. F.14017/1/2015-DTE (IF&SL)/LOT , the 9 th May, 2019. In exercise of the power re-delegated vide Government’s letter No.G.16010/2/2012-F.IF&SL dt. 20.7.2012, Re sults of Mizoram State Lottery drawn during 25.04.2019 to 30.04.2019 are hereby declared as Final Results a s per result sheets enclosed herewith. Jennifer H.L. Duhawmi,Director, Institutional Finance & State Lottery, Mizoram : Aizawl. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Monday 3.6.2019 Jyaistha 13, S.E. 1941, Issue No. 364 Ex-364/2019 - 2 - - 3 - Ex-364/2019 - 2 - - 3 - Ex-364/2019 - 4 - - 5 - Ex-364/2019 - 4 - - 5 - Ex-364/2019 - 6 - - 7 - Ex-364/2019 - 6 - - 7 - Ex-364/2019 - 8 - - 9 - Ex-364/2019 - 8 - - 9 - Ex-364/2019 - 10 - - 11 - Ex-364/2019 - 10 - - 11 - Ex-364/2019 - 12 - - 13 - Ex-364/2019 - 12 - - 13 - Ex-364/2019 - 14 - - 15 - Ex-364/2019 - 14 - - 15 - Ex-364/2019 - 16 - - 17 - Ex-364/2019 - 16 - - 17 - Ex-364/2019 - 18 - - 19 - Ex-364/2019 - 18 - - 19 - Ex-364/2019 - 20 - - 21 - Ex-364/2019 - 20 - - 21 - Ex-364/2019 - 22 - - 23 - Ex-364/2019 - 22 - - 23 - Ex-364/2019 - 24 - - 25 - Ex-364/2019 - 24 - - 25 - Ex-364/2019 - 26 - - 27 - Ex-364/2019 - 26 - - 27 - Ex-364/2019 - 28 - - 29 - Ex-364/2019 - 28 - - 29 - Ex-364/2019 - 30 - - 31 - Ex-364/2019 - 30 - - 31 - Ex-364/2019
- PB - - 1 - NOTIFICA TION No. F.14017/1/2015-DTE (IF&SL)/LOT , the 9 th May, 2019. In exercise of the power re-delegated vide Government’s letter No.G.16010/2/2012-F.IF&SL dt. 20.7.2012, Re sults of Mizoram State Lottery drawn during 25.04.2019 to 30.04.2019 are hereby declared as Final Results a s per result sheets enclosed herewith. Jennifer H.L. Duhawmi,Director, Institutional Finance & State Lottery, Mizoram : Aizawl. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Monday 3.6.2019 Jyaistha 13, S.E. 1941, Issue No. 364 Ex-364/2019 - 2 - - 3 - Ex-364/2019 - 2 - - 3 - Ex-364/2019 - 4 - - 5 - Ex-364/2019 - 4 - - 5 - Ex-364/2019 - 6 - - 7 - Ex-364/2019 - 6 - - 7 - Ex-364/2019 - 8 - - 9 - Ex-364/2019 - 8 - - 9 - Ex-364/2019 - 10 - - 11 - Ex-364/2019 - 10 - - 11 - Ex-364/2019 - 12 - - 13 - Ex-364/2019 - 12 - - 13 - Ex-364/2019 - 14 - - 15 - Ex-364/2019 - 14 - - 15 - Ex-364/2019 - 16 - - 17 - Ex-364/2019 - 16 - - 17 - Ex-364/2019 - 18 - - 19 - Ex-364/2019 - 18 - - 19 - Ex-364/2019 - 20 - - 21 - Ex-364/2019 - 20 - - 21 - Ex-364/2019 - 22 - - 23 - Ex-364/2019 - 22 - - 23 - Ex-364/2019 - 24 - - 25 - Ex-364/2019 - 24 - - 25 - Ex-364/2019 - 26 - - 27 - Ex-364/2019 - 26 - - 27 - Ex-364/2019 - 28 - - 29 - Ex-364/2019 - 28 - - 29 - Ex-364/2019 - 30 - - 31 - Ex-364/2019 - 30 - - 31 - Ex-364/2019State Lottery Draw Result during 01.05.2019 to 09.05.2019
- PB - - 1 - NOTIFICA TION No. F .14017/1/2015-DTE (IF&SL)/LOT , the 15 th May, 2019.In exercise of the power re- delegated vide Government’s letter No.G.16010/2/2012-F.IF&SL dt . 20.7.2012, Results of Mizoram State Lottery drawn during 01.05.2019 to 09.05.2019 are hereby declar ed as Final Results as per result sheets enclosed herewith. Jennifer H.L. Duhawmi,Director, Institutional Finance & State Lottery, Mizoram : Aizawl. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Monday 3.6.2019 Jyaistha 13, S.E. 1941, Issue No. 365 Ex-365/2019 - 2 - - 3 - - 2 - - 3 - Ex-365/2019 Ex-365/2019 - 2 - - 3 - - 2 - - 3 -Ex-365/2019 Ex-365/2019 - 4 - - 5 - - 4 - - 5 - Ex-365/2019 Ex-365/2019 - 4 - - 5 - - 4 - - 5 -Ex-365/2019 Ex-365/2019 - 6 - - 7 - - 6 - - 7 - Ex-365/2019 Ex-365/2019 - 6 - - 7 - - 6 - - 7 -Ex-365/2019 Ex-365/2019 - 8 - - 9 - - 8 - - 9 - Ex-365/2019 Ex-365/2019 - 8 - - 9 - - 8 - - 9 -Ex-365/2019 Ex-365/2019 - 10 - - 11 - - 10 - - 11 - Ex-365/2019 Ex-365/2019 - 10 - - 11 - - 10 - - 11 -Ex-365/2019 Ex-365/2019 - 12 - - 13 - - 12 - - 13 - Ex-365/2019 Ex-365/2019 - 12 - - 13 - - 12 - - 13 -Ex-365/2019 Ex-365/2019 - 14 - - 15 - - 14 - - 15 - Ex-365/2019 Ex-365/2019 - 14 - - 15 - - 14 - - 15 -Ex-365/2019 Ex-365/2019 - 16 - - 17 - - 16 - - 17 - Ex-365/2019 Ex-365/2019 - 16 - - 17 - - 16 - - 17 -Ex-365/2019 Ex-365/2019 - 18 - - 19 - - 18 - - 19 - Ex-365/2019 Ex-365/2019 - 18 - - 19 - - 18 - - 19 -Ex-365/2019 Ex-365/2019 - 20 - - 21 - - 20 - - 21 - Ex-365/2019 Ex-365/2019 - 20 - - 21 - - 20 - - 21 -Ex-365/2019 Ex-365/2019 - 22 - - 23 - - 22 - - 23 - Ex-365/2019 Ex-365/2019 - 22 - - 23 - - 22 - - 23 -Ex-365/2019 Ex-365/2019 - 24 - - 25 - - 24 - - 25 - Ex-365/2019 Ex-365/2019 - 24 - - 25 - - 24 - - 25 -Ex-365/2019 Ex-365/2019 - 26 - - 27 - - 26 - - 27 - Ex-365/2019 Ex-365/2019 - 26 - - 27 - - 26 - - 27 -Ex-365/2019 Ex-365/2019 - 28 - - 29 - - 28 - - 29 - Ex-365/2019 Ex-365/2019 - 28 - - 29 - - 28 - - 29 -Ex-365/2019 Ex-365/2019 - 30 - - 31 - - 30 - - 31 - Ex-365/2019 Ex-365/2019 - 30 - - 31 - - 30 - - 31 -Ex-365/2019 Ex-365/2019 - 32 - - 33 - - 32 - - 33 - Ex-365/2019 Ex-365/2019 - 32 - - 33 - - 32 - - 33 -Ex-365/2019 Ex-365/2019 - 34 - - 35 - - 34 - - 35 - Ex-365/2019 Ex-365/2019 - 34 - - 35 - - 34 - - 35 -Ex-365/2019 Ex-365/2019 - 36 - - 37 - - 36 - - 37 - Ex-365/2019 Ex-365/2019 - 36 - - 37 - - 36 - - 37 -Ex-365/2019 Ex-365/2019 - 38 - - 39 - - 38 - - 39 - Ex-365/2019 Ex-365/2019 - 38 - - 39 - - 38 - - 39 -Ex-365/2019 Ex-365/2019 - 40 - - 41 - - 40 - - 41 - Ex-365/2019 Ex-365/2019 - 40 - - 41 - - 40 - - 41 -Ex-365/2019 Ex-365/2019 - 42 - - 43 - - 42 - - 43 - Ex-365/2019 Ex-365/2019 - 42 - - 43 - - 42 - - 43 -Ex-365/2019 Ex-365/2019 - 44 - - 45 - - 44 - - 45 - Ex-365/2019 Ex-365/2019 - 44 - - 45 - - 44 - - 45 -Ex-365/2019 Ex-365/2019 - 46 - - PB - - 46 - - PB - Ex-365/2019 Ex-365/2019
- PB - - 1 - NOTIFICA TION No. F .14017/1/2015-DTE (IF&SL)/LOT , the 15 th May, 2019.In exercise of the power re- delegated vide Government’s letter No.G.16010/2/2012-F.IF&SL dt . 20.7.2012, Results of Mizoram State Lottery drawn during 01.05.2019 to 09.05.2019 are hereby declar ed as Final Results as per result sheets enclosed herewith. Jennifer H.L. Duhawmi,Director, Institutional Finance & State Lottery, Mizoram : Aizawl. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Monday 3.6.2019 Jyaistha 13, S.E. 1941, Issue No. 365 Ex-365/2019 - 2 - - 3 - - 2 - - 3 - Ex-365/2019 Ex-365/2019 - 2 - - 3 - - 2 - - 3 -Ex-365/2019 Ex-365/2019 - 4 - - 5 - - 4 - - 5 - Ex-365/2019 Ex-365/2019 - 4 - - 5 - - 4 - - 5 -Ex-365/2019 Ex-365/2019 - 6 - - 7 - - 6 - - 7 - Ex-365/2019 Ex-365/2019 - 6 - - 7 - - 6 - - 7 -Ex-365/2019 Ex-365/2019 - 8 - - 9 - - 8 - - 9 - Ex-365/2019 Ex-365/2019 - 8 - - 9 - - 8 - - 9 -Ex-365/2019 Ex-365/2019 - 10 - - 11 - - 10 - - 11 - Ex-365/2019 Ex-365/2019 - 10 - - 11 - - 10 - - 11 -Ex-365/2019 Ex-365/2019 - 12 - - 13 - - 12 - - 13 - Ex-365/2019 Ex-365/2019 - 12 - - 13 - - 12 - - 13 -Ex-365/2019 Ex-365/2019 - 14 - - 15 - - 14 - - 15 - Ex-365/2019 Ex-365/2019 - 14 - - 15 - - 14 - - 15 -Ex-365/2019 Ex-365/2019 - 16 - - 17 - - 16 - - 17 - Ex-365/2019 Ex-365/2019 - 16 - - 17 - - 16 - - 17 -Ex-365/2019 Ex-365/2019 - 18 - - 19 - - 18 - - 19 - Ex-365/2019 Ex-365/2019 - 18 - - 19 - - 18 - - 19 -Ex-365/2019 Ex-365/2019 - 20 - - 21 - - 20 - - 21 - Ex-365/2019 Ex-365/2019 - 20 - - 21 - - 20 - - 21 -Ex-365/2019 Ex-365/2019 - 22 - - 23 - - 22 - - 23 - Ex-365/2019 Ex-365/2019 - 22 - - 23 - - 22 - - 23 -Ex-365/2019 Ex-365/2019 - 24 - - 25 - - 24 - - 25 - Ex-365/2019 Ex-365/2019 - 24 - - 25 - - 24 - - 25 -Ex-365/2019 Ex-365/2019 - 26 - - 27 - - 26 - - 27 - Ex-365/2019 Ex-365/2019 - 26 - - 27 - - 26 - - 27 -Ex-365/2019 Ex-365/2019 - 28 - - 29 - - 28 - - 29 - Ex-365/2019 Ex-365/2019 - 28 - - 29 - - 28 - - 29 -Ex-365/2019 Ex-365/2019 - 30 - - 31 - - 30 - - 31 - Ex-365/2019 Ex-365/2019 - 30 - - 31 - - 30 - - 31 -Ex-365/2019 Ex-365/2019 - 32 - - 33 - - 32 - - 33 - Ex-365/2019 Ex-365/2019 - 32 - - 33 - - 32 - - 33 -Ex-365/2019 Ex-365/2019 - 34 - - 35 - - 34 - - 35 - Ex-365/2019 Ex-365/2019 - 34 - - 35 - - 34 - - 35 -Ex-365/2019 Ex-365/2019 - 36 - - 37 - - 36 - - 37 - Ex-365/2019 Ex-365/2019 - 36 - - 37 - - 36 - - 37 -Ex-365/2019 Ex-365/2019 - 38 - - 39 - - 38 - - 39 - Ex-365/2019 Ex-365/2019 - 38 - - 39 - - 38 - - 39 -Ex-365/2019 Ex-365/2019 - 40 - - 41 - - 40 - - 41 - Ex-365/2019 Ex-365/2019 - 40 - - 41 - - 40 - - 41 -Ex-365/2019 Ex-365/2019 - 42 - - 43 - - 42 - - 43 - Ex-365/2019 Ex-365/2019 - 42 - - 43 - - 42 - - 43 -Ex-365/2019 Ex-365/2019 - 44 - - 45 - - 44 - - 45 - Ex-365/2019 Ex-365/2019 - 44 - - 45 - - 44 - - 45 -Ex-365/2019 Ex-365/2019 - 46 - - PB - - 46 - - PB - Ex-365/2019 Ex-365/2019Mizoram School Education Department (Group ‘B’ posts) Recruitment Rules, 2019
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.A-12018/8(5)/2016-P&AR(GSW), the 25th June, 2019.In exercis e of the powers conferr ed by the proviso to article 309 of the Constitution, the Governor of M izoram is pleased to make the following rules regula ting the method of recruitment to the posts ofVoca tional Education Teacherin Government Higher Secondary S chools under School Education Depa rtment, Government of Mizora m namely :- 1.Shor t title and (1) These rules may be called the Mizoram School Education Department commencement (Group ‘B’ posts) Recruitment Rules, 2019. (2) These rules shall come into force with effect from the date of publication in the Official Gazette. 2. Application These rules shall apply to the post specified in Column I of Annexure-I her et o a nnex ed. 3. Number of post, The number of the said post, classification and Level in the pay classification and matr ix attached thereto sha ll be as specified in Column 2 to 4 of the Level in the Pay Matrix aforesaid Annexure-I 4. Method of r ecruitment, The method of recruitment, age limit, qualifications and other matters age limit and other relating to the said post shall be as specified in Column 5 to 14 of qualifications Annexure-I: Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or Government of Mizora m from time to t ime. 5. Disqualification No per son – (a ) Who has entered int o or contracted a mar riage with a person having a spouse living; or VOL - XLVIII Aizawl, Wednesday 26.6.2019 Ashadha 5, S.E. 1941, Issue No. 421 - 2 - Ex-421/2019 (b) Who, having a spouse living, has entered into or contract ed a marr iage with any person shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the ma rriage and that there are other valid grounds for doing so, exempt any such person from the opera tion of these rules. 6.Training and Every Gover nment servant r ecruited under these rules shall undergo Departmental such training or pass such Depa rtmental Examination as may be Ex amination pres cribed from time to t ime. 7. Power to transfer Notwithstanding anything contained in these Rules, the Governor of Mizoram, in public interest, shall have the right and power to transfer any officers, so recruited under these rules to any other post or position which is equivalent in rank or gr ade. 8. Power to relax Wher e the Governor is of the opinion that it is necessary or expedient to do so, he may, by order and for reasons to be r ecorded in writ ing, in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect any reservations, relaxation of age other concessions limit and other concessions required to be provided for the Scheduled Castes/the Scheduled Tribes and other categories of persons in accordance with the order issued by Central Government or Government of Mizoram from time to time in this regard. By order, etc Lalrinsanga, Joint Secretary to the Govt .of Mizoram, Department of Personnel & Administrative Reforms. - 3 -Ex-421/2019 ANNEXURE - I(See Rule 2, 3 & 4)RECRUITMENT RULES FOR GROUP ‘B’ POSTS IN SCHOOL EDUCATION DEPARTMENTName of PostNumber of PostClassificationLevel in the Pay MatrixWhether Selection or Non-Selection post?12345 N.A Vocational Education Teacher, Government Higher Secondary School36 (th irty six) posts or as sanctioned by the Government from time t o timeGeneral Sta te Service Group ‘B’ (Non-Gazetted) (Non-M inisterial)Level -08 in the Pay M atrix (^44900 –^ 99800)Wh eth er benefit of added years of service admissible under Rules 30 of the CCS (Pension) Rules, 1972?Age limit for direct recruitmentEduca tional qualif ica tion a nd other qua lif ica tion required for d irect recruitment67 8 N.ABetween 18 years and 35 years. Upper age limit relaxable by 5 years f or Scheduled Caste/ Scheduled Tribe candidates1. Bachelor of Engineering/Bachelor of Technology (Mechanical Eng ineerin g) or Bachelor’s degree in Automobile Engineering from recognised University with at least 55% marks (or equivalent grade in a point scale); OR Bachelor of Engineering/Bachelor of Technology (Computer Science/ Information Technology) or Master of Computer Application or Master of Science (Computer Science/ Information Technology) or Master of Computer Management from recognised University with at least 55% marks (or eq uivalent grade in a point scale); OR Ma ster deg ree in Horticulture or Earth Scien ce from a recognised University with at least 55% marks (or equivalent grade in a point scale); OR Ma ster Deg ree in Sericulture or M aster Degree in any of Life Scien ce discipline from a recognised University with at least 55% marks (or equivalent grade in a point scale) and Post Graduate Diploma in Sericulture from recognised institution; OR Master degree in Fashion Designing/Textile Designing/Textile Technology/Fashion Technology/ Fashion Management from recognised University with at least 55% marks (or equivalent grade in a point scale); OR Ma ster Degree in Commerce from a recognised University with at lea st 55% marks (or equivalent grade in a point scale) with Office Secretaryship at th e degree level or Dip loma in Modern Of fice Practice from recognised institution; OR Ma ster deg ree in Medica l Laboratory Technology from recognised University with at least 55% marks (or equivalent grade in a point scale) Provided that the min imum percenta ge of ma rks in Ma ster deg ree f or th e above discip lin es are relaxable by 5% for Scheduled Tribe/Scheduled Caste/Persons with benchmarked Disabilities 2. Ba chelor of Education from a recognised U niversity 3. Computer prof icien cy of th e level as notif ied by the Government from time t o time 4. Working knowledge of Mizo language at least Middle school standard - 4 - Ex-421/20199102years N.AWhether the age and educational qualification prescribed for direct recruitments will apply in the case of promotion?Period of probation, if anyMethod of recruitment whether by direct recruitment or by promotion or by deputation/absorption and percentage of the sanctioned posts to be filled by various methods11121314100% by absorption failing which by direct recruitmentIn case of recruitment by promotion/ absorption / deputation, grade from which promotion/absorption/ deputation to be madeIf DPC exists, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment As per MPSC (Limitation of Functions)Regulations, 1994 as amended from time t o time M izoram Public Service Commission or Departmental Promotion Committee as constituted by the Government from time t o time ABSORPTION: From Vocational Teachers under the scheme of Vocationalisation of Seconda ry and Higher Secondary Education possessing the qualifications as prescribed at column 8.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.A-12018/8(5)/2016-P&AR(GSW), the 25th June, 2019.In exercis e of the powers conferr ed by the proviso to article 309 of the Constitution, the Governor of M izoram is pleased to make the following rules regula ting the method of recruitment to the posts ofVoca tional Education Teacherin Government Higher Secondary S chools under School Education Depa rtment, Government of Mizora m namely :- 1.Shor t title and (1) These rules may be called the Mizoram School Education Department commencement (Group ‘B’ posts) Recruitment Rules, 2019. (2) These rules shall come into force with effect from the date of publication in the Official Gazette. 2. Application These rules shall apply to the post specified in Column I of Annexure-I her et o a nnex ed. 3. Number of post, The number of the said post, classification and Level in the pay classification and matr ix attached thereto sha ll be as specified in Column 2 to 4 of the Level in the Pay Matrix aforesaid Annexure-I 4. Method of r ecruitment, The method of recruitment, age limit, qualifications and other matters age limit and other relating to the said post shall be as specified in Column 5 to 14 of qualifications Annexure-I: Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or Government of Mizora m from time to t ime. 5. Disqualification No per son – (a ) Who has entered int o or contracted a mar riage with a person having a spouse living; or VOL - XLVIII Aizawl, Wednesday 26.6.2019 Ashadha 5, S.E. 1941, Issue No. 421 - 2 - Ex-421/2019 (b) Who, having a spouse living, has entered into or contract ed a marr iage with any person shall be eligible for appointment to the said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the ma rriage and that there are other valid grounds for doing so, exempt any such person from the opera tion of these rules. 6.Training and Every Gover nment servant r ecruited under these rules shall undergo Departmental such training or pass such Depa rtmental Examination as may be Ex amination pres cribed from time to t ime. 7. Power to transfer Notwithstanding anything contained in these Rules, the Governor of Mizoram, in public interest, shall have the right and power to transfer any officers, so recruited under these rules to any other post or position which is equivalent in rank or gr ade. 8. Power to relax Wher e the Governor is of the opinion that it is necessary or expedient to do so, he may, by order and for reasons to be r ecorded in writ ing, in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. 9. Reservation and Nothing in these rules shall affect any reservations, relaxation of age other concessions limit and other concessions required to be provided for the Scheduled Castes/the Scheduled Tribes and other categories of persons in accordance with the order issued by Central Government or Government of Mizoram from time to time in this regard. By order, etc Lalrinsanga, Joint Secretary to the Govt .of Mizoram, Department of Personnel & Administrative Reforms. - 3 -Ex-421/2019 ANNEXURE - I(See Rule 2, 3 & 4)RECRUITMENT RULES FOR GROUP ‘B’ POSTS IN SCHOOL EDUCATION DEPARTMENTName of PostNumber of PostClassificationLevel in the Pay MatrixWhether Selection or Non-Selection post?12345 N.A Vocational Education Teacher, Government Higher Secondary School36 (th irty six) posts or as sanctioned by the Government from time t o timeGeneral Sta te Service Group ‘B’ (Non-Gazetted) (Non-M inisterial)Level -08 in the Pay M atrix (^44900 –^ 99800)Wh eth er benefit of added years of service admissible under Rules 30 of the CCS (Pension) Rules, 1972?Age limit for direct recruitmentEduca tional qualif ica tion a nd other qua lif ica tion required for d irect recruitment67 8 N.ABetween 18 years and 35 years. Upper age limit relaxable by 5 years f or Scheduled Caste/ Scheduled Tribe candidates1. Bachelor of Engineering/Bachelor of Technology (Mechanical Eng ineerin g) or Bachelor’s degree in Automobile Engineering from recognised University with at least 55% marks (or equivalent grade in a point scale); OR Bachelor of Engineering/Bachelor of Technology (Computer Science/ Information Technology) or Master of Computer Application or Master of Science (Computer Science/ Information Technology) or Master of Computer Management from recognised University with at least 55% marks (or eq uivalent grade in a point scale); OR Ma ster deg ree in Horticulture or Earth Scien ce from a recognised University with at least 55% marks (or equivalent grade in a point scale); OR Ma ster Deg ree in Sericulture or M aster Degree in any of Life Scien ce discipline from a recognised University with at least 55% marks (or equivalent grade in a point scale) and Post Graduate Diploma in Sericulture from recognised institution; OR Master degree in Fashion Designing/Textile Designing/Textile Technology/Fashion Technology/ Fashion Management from recognised University with at least 55% marks (or equivalent grade in a point scale); OR Ma ster Degree in Commerce from a recognised University with at lea st 55% marks (or equivalent grade in a point scale) with Office Secretaryship at th e degree level or Dip loma in Modern Of fice Practice from recognised institution; OR Ma ster deg ree in Medica l Laboratory Technology from recognised University with at least 55% marks (or equivalent grade in a point scale) Provided that the min imum percenta ge of ma rks in Ma ster deg ree f or th e above discip lin es are relaxable by 5% for Scheduled Tribe/Scheduled Caste/Persons with benchmarked Disabilities 2. Ba chelor of Education from a recognised U niversity 3. Computer prof icien cy of th e level as notif ied by the Government from time t o time 4. Working knowledge of Mizo language at least Middle school standard - 4 - Ex-421/20199102years N.AWhether the age and educational qualification prescribed for direct recruitments will apply in the case of promotion?Period of probation, if anyMethod of recruitment whether by direct recruitment or by promotion or by deputation/absorption and percentage of the sanctioned posts to be filled by various methods11121314100% by absorption failing which by direct recruitmentIn case of recruitment by promotion/ absorption / deputation, grade from which promotion/absorption/ deputation to be madeIf DPC exists, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment As per MPSC (Limitation of Functions)Regulations, 1994 as amended from time t o time M izoram Public Service Commission or Departmental Promotion Committee as constituted by the Government from time t o time ABSORPTION: From Vocational Teachers under the scheme of Vocationalisation of Seconda ry and Higher Secondary Education possessing the qualifications as prescribed at column 8.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100The Mizoram Public Service Commission has been consulted for a) all matters relating to methods of recruitment for civil services and civil posts b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.A-12026/l/2019-P&AR(GSW), the 19th June, 2019.Whereas the Mizoram Public Service Commission has been consulted for a) all matters relating to methods of recruitment for civil services and civil posts b) on the principles to be followed in making appointments to civil services and posts and in making promotions a nd transfers fr om one service to another and on the suitability of candida tes for such appointments, promotions or transfers to various posts under the Government of Mizoram with the exception of t he limitations as prescribed under the Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 as amended from time to time. 2.Wher eas the Mizora m Public Service Commission, at present, is consulted for a) direct recruit ment for all Group ‘A’ and Group ‘B’ posts b) promotion to Group ‘B’ Gazetted posts and above c) regularisation to all Group ‘A’ and Gr oup ‘B’ posts d) limited departmental examination for promotion to Group ‘B’ posts and above and the Commission, therefore, is burdened with requisitions which can hardly be fulfilled speedily as desired by the Government. 3.Wher eas the Government of Mizoram delegated the task of recruit ment for posts which falls outside the pu rview of the Mizoram Public Service Commission as per the Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 to the Departmental Promotion Committee as constituted by the Government from time to time 4.Wher eas the Government considered it prudent to lighten the bur den of the Mizoram Public Service Commission a nd further str eamline the procedure for recr uitment for posts which falls outside the purview of the Mizoram Public Service Commission by constituting a dedicated body instead of delegating such tasks to the Departmental Promotion Commit tee. 5.Now, therefore, in the int erest of public service and as per the approval of t he Council of Ministers in its meeting dated 10th June, 2019 conveyed vide Memo.No.J.l 1011/1/2019-POL/Vol-II dt. 13.06.2019, the Governor of Mizoram is pleased to constitute the Mizoram Subordinate Services Selection Board (her einafter referr ed to as the “Board”) to condu ct recruitment of Group ‘B’(non-gazetted). 6.The Board shall be an attached office of the Department of Personnel & Administrative Reforms and shall consists of a Chairman, one Member and a Secr etary cu m Contr oller of Examination to be appointed on such terms and conditions as may be prescr ibed by rules by the Government from time to time. The Board will be provided such supporting staff as considered necessary by the Government fr om time to time. 7.The Board s hall be consult ed to make recommendations for recruitment to various posts under the Government of Mizor am in respect of Group ‘B’(non-gazetted) in the following ca ses: VOL - XLVIII Aizawl, Tuesday 25.6.2019 Ashadha 4, S.E. 1941, Issue No. 418 - 2 - Ex-418/2019 a)Appointment by direct recruit ment b)Appointment by promotion c)Appointment by promotion through limited departmental examina tion d)Appointment by absorption e)Appointment by regularisa tion wit hin the direct recruitment quota f)Any other fu nctions as delegated to the Board by the Government from time to time. 8.The Board shall a)discharge the funct ions of the Departmenta l Promotion Committee for conduct of recruit ment as p rescribed in the releva nt recr uitment rules/s ervice r ules b)follow the guidelines/procedures issued by the Government from time to time in matters r elating to direct r ecruitment, promotion, limited depar tmental examination, absorption, regularisa tion or such other matters. c)be competent to constitute such numbers of Interview Boards under the chairmanship of either the Chairman or the Member with Experts in the relevant field, as deemed fit for conduct of p ersonal interview. The panel of Experts shall be pr epared by the Board in consultation with the Government. d)make recommendation(s) of suitable candida te(s) within 180 days from the date of receipt of requisition for filling up of vacant post(s) by means of direct recruitment and limited departmental examination from the concerned department(s). Delay(s ) if any, shall be explained along with submission of the recommendation(s), giving necessary justification(s); e)make recommendation(s) of suitable candidate(s) within 30 days from the date of receipt of requisition for filling up of vacant post(s) by means of promotion, absorption or regularisa tion from the concerned department(s). Delay(s) if any, shall be explained along with submission of the recommendation(s), giving necessar y justification(s); f)utilise state of the art techniques including I.T. enabled services for increasing its efficiency, effectiveness and transpa rency for evaluating candidates, as deemed fit. g)consider the feasibility of utilising the services of specialist agencies/huma n resource agencies available within the Government or from outside to ensure speedy disposal of requis itions from the Government. h)submit an annual report to the Government at the end of every financial year 9.The term “Departmental Promotion Committee” stipulated in the extant recruitment rules/service rules shall, hereinafter, be cons trued t o mean the Mizoram Subordina te Services Selection Board as cons tituted under this Notification. 10. The Board s hall be deemed to commence its functioning with effect from the da te of assumption of char ge by t he Chairman of the Board. 11. T he Depar tmenta l Pr omot ion Commit tee constituted by t he Government for direct r ecruit ment , promotion, etc. vide No.A.32012/1/2010-P&AR(GSW) dated 03.10.2017 stands superseded with effect from the date of assumption of cha rge by the Cha irman of the Board. By order and in the name of the Governor Lalnunmawia Chuaungo, Chief Secretary to the Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/250
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.A-12026/l/2019-P&AR(GSW), the 19th June, 2019.Whereas the Mizoram Public Service Commission has been consulted for a) all matters relating to methods of recruitment for civil services and civil posts b) on the principles to be followed in making appointments to civil services and posts and in making promotions a nd transfers fr om one service to another and on the suitability of candida tes for such appointments, promotions or transfers to various posts under the Government of Mizoram with the exception of t he limitations as prescribed under the Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 as amended from time to time. 2.Wher eas the Mizora m Public Service Commission, at present, is consulted for a) direct recruit ment for all Group ‘A’ and Group ‘B’ posts b) promotion to Group ‘B’ Gazetted posts and above c) regularisation to all Group ‘A’ and Gr oup ‘B’ posts d) limited departmental examination for promotion to Group ‘B’ posts and above and the Commission, therefore, is burdened with requisitions which can hardly be fulfilled speedily as desired by the Government. 3.Wher eas the Government of Mizoram delegated the task of recruit ment for posts which falls outside the pu rview of the Mizoram Public Service Commission as per the Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 to the Departmental Promotion Committee as constituted by the Government from time to time 4.Wher eas the Government considered it prudent to lighten the bur den of the Mizoram Public Service Commission a nd further str eamline the procedure for recr uitment for posts which falls outside the purview of the Mizoram Public Service Commission by constituting a dedicated body instead of delegating such tasks to the Departmental Promotion Commit tee. 5.Now, therefore, in the int erest of public service and as per the approval of t he Council of Ministers in its meeting dated 10th June, 2019 conveyed vide Memo.No.J.l 1011/1/2019-POL/Vol-II dt. 13.06.2019, the Governor of Mizoram is pleased to constitute the Mizoram Subordinate Services Selection Board (her einafter referr ed to as the “Board”) to condu ct recruitment of Group ‘B’(non-gazetted). 6.The Board shall be an attached office of the Department of Personnel & Administrative Reforms and shall consists of a Chairman, one Member and a Secr etary cu m Contr oller of Examination to be appointed on such terms and conditions as may be prescr ibed by rules by the Government from time to time. The Board will be provided such supporting staff as considered necessary by the Government fr om time to time. 7.The Board s hall be consult ed to make recommendations for recruitment to various posts under the Government of Mizor am in respect of Group ‘B’(non-gazetted) in the following ca ses: VOL - XLVIII Aizawl, Tuesday 25.6.2019 Ashadha 4, S.E. 1941, Issue No. 418 - 2 - Ex-418/2019 a)Appointment by direct recruit ment b)Appointment by promotion c)Appointment by promotion through limited departmental examina tion d)Appointment by absorption e)Appointment by regularisa tion wit hin the direct recruitment quota f)Any other fu nctions as delegated to the Board by the Government from time to time. 8.The Board shall a)discharge the funct ions of the Departmenta l Promotion Committee for conduct of recruit ment as p rescribed in the releva nt recr uitment rules/s ervice r ules b)follow the guidelines/procedures issued by the Government from time to time in matters r elating to direct r ecruitment, promotion, limited depar tmental examination, absorption, regularisa tion or such other matters. c)be competent to constitute such numbers of Interview Boards under the chairmanship of either the Chairman or the Member with Experts in the relevant field, as deemed fit for conduct of p ersonal interview. The panel of Experts shall be pr epared by the Board in consultation with the Government. d)make recommendation(s) of suitable candida te(s) within 180 days from the date of receipt of requisition for filling up of vacant post(s) by means of direct recruitment and limited departmental examination from the concerned department(s). Delay(s ) if any, shall be explained along with submission of the recommendation(s), giving necessary justification(s); e)make recommendation(s) of suitable candidate(s) within 30 days from the date of receipt of requisition for filling up of vacant post(s) by means of promotion, absorption or regularisa tion from the concerned department(s). Delay(s) if any, shall be explained along with submission of the recommendation(s), giving necessar y justification(s); f)utilise state of the art techniques including I.T. enabled services for increasing its efficiency, effectiveness and transpa rency for evaluating candidates, as deemed fit. g)consider the feasibility of utilising the services of specialist agencies/huma n resource agencies available within the Government or from outside to ensure speedy disposal of requis itions from the Government. h)submit an annual report to the Government at the end of every financial year 9.The term “Departmental Promotion Committee” stipulated in the extant recruitment rules/service rules shall, hereinafter, be cons trued t o mean the Mizoram Subordina te Services Selection Board as cons tituted under this Notification. 10. The Board s hall be deemed to commence its functioning with effect from the da te of assumption of char ge by t he Chairman of the Board. 11. T he Depar tmenta l Pr omot ion Commit tee constituted by t he Government for direct r ecruit ment , promotion, etc. vide No.A.32012/1/2010-P&AR(GSW) dated 03.10.2017 stands superseded with effect from the date of assumption of cha rge by the Cha irman of the Board. By order and in the name of the Governor Lalnunmawia Chuaungo, Chief Secretary to the Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/250Order of the Governor of Mizoram dated 21st December, 2018
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. LA. 2/LEGN/2018/1, the 27th December, 2018.The following order of the Governor of Mizoram dated 21st December, 2018 is hereby published for information : “O R D E R In exercise of the powers conferr ed by Clause (2 ) (a) of Article 174 of Constitution of India,I, Kummanam Rajasekharan, Governor of Mizor am do hereby prorogue the First Session of the Eighth Legislative Assembly of the State of Mizor am with effect from the afternoon of 20th December, 2018 after conclusion of the Business. KUMMANAM RAJASEKHARAN GOVERNOR OF MIZORAM” S.R. ZOKHUMA Commissioner & Secretary. VOL - XLVIII Aizawl, Monday 7.1.2019 Pausha 17, S.E. 1940, Issue No. 2
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. LA. 2/LEGN/2018/1, the 27th December, 2018.The following order of the Governor of Mizoram dated 21st December, 2018 is hereby published for information : “O R D E R In exercise of the powers conferr ed by Clause (2 ) (a) of Article 174 of Constitution of India,I, Kummanam Rajasekharan, Governor of Mizor am do hereby prorogue the First Session of the Eighth Legislative Assembly of the State of Mizor am with effect from the afternoon of 20th December, 2018 after conclusion of the Business. KUMMANAM RAJASEKHARAN GOVERNOR OF MIZORAM” S.R. ZOKHUMA Commissioner & Secretary. VOL - XLVIII Aizawl, Monday 7.1.2019 Pausha 17, S.E. 1940, Issue No. 2The MADC (Market) (Amendment) Regulations, 2018
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. C. 31028/1/92-DC&MA, the 21st December, 2018.In pursuance to paragraph 11 of the 6th Schedule to the Constitution of India, the following Regulations passed by the Mara Autonomous District Council and approved by His Excellency the Governor of Mizor am on 2.11.2018 is hereby published for general information, namely :- “The MADC (Market) (Amendment) Regulations, 2018” Rodney L. Ralte, Secr etary to the Govt. of Mizoram, District Council & Minority Affairs Deptt. VOL - XLVIII Aizawl, Monday 7.1.2019 Pausha 17, S.E. 1940, Issue No. 3 THE MARA AUTONOMOUSDISTRICT (MARKET) (AMENDMENT) BILL, 2018 A Bill to amend the Lakher District (Market) Regulation, 1977 (hereinafter referred to as the “Principal Regulation”) Be it enact ed by the Mara Autonomous District Council in its Session in the Sixty–ninth Year of the Republic of India a s follows:– Short title, extent1.(1) This Regulation may be ca lled the Mara AutonomousDistrict (Market) and commencement.(Amendment) Regula tion, 2018. (2) It shall ha ve the like extent as the Principal Regulation. (3) It shall come into force on and from the date of its publica tion in the Mizoram Gazette. Amendment of2.(1) In clause (a ) of section 1 of the Principal Regulation, for the word Section 1.“Lakher”, the words “Mara Autonomous” shall be substituted. (2) In clause (b ) of section 1 of the Principal Regulation, for the word “Lakher”, the word “Mara” shall be substituted. Amendment of3.(1) In clause (a) of s ection 2 of the PrincipalRegulation, for the word Section 2.“Lakher”, the word “Mara” shall be substituted. (2) In clause (b ) of section 2 of the Principal Regulation, for the word “Lakher”, the word “Mara” shall be substituted. Amendment of4.In section 4 of the Principal Regulation, for the words “District Council”, Section 4.the words “Executive Committee of the District Council” shall be substituted.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/150- 2 - Ex-3/2019
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. C. 31028/1/92-DC&MA, the 21st December, 2018.In pursuance to paragraph 11 of the 6th Schedule to the Constitution of India, the following Regulations passed by the Mara Autonomous District Council and approved by His Excellency the Governor of Mizor am on 2.11.2018 is hereby published for general information, namely :- “The MADC (Market) (Amendment) Regulations, 2018” Rodney L. Ralte, Secr etary to the Govt. of Mizoram, District Council & Minority Affairs Deptt. VOL - XLVIII Aizawl, Monday 7.1.2019 Pausha 17, S.E. 1940, Issue No. 3 THE MARA AUTONOMOUSDISTRICT (MARKET) (AMENDMENT) BILL, 2018 A Bill to amend the Lakher District (Market) Regulation, 1977 (hereinafter referred to as the “Principal Regulation”) Be it enact ed by the Mara Autonomous District Council in its Session in the Sixty–ninth Year of the Republic of India a s follows:– Short title, extent1.(1) This Regulation may be ca lled the Mara AutonomousDistrict (Market) and commencement.(Amendment) Regula tion, 2018. (2) It shall ha ve the like extent as the Principal Regulation. (3) It shall come into force on and from the date of its publica tion in the Mizoram Gazette. Amendment of2.(1) In clause (a ) of section 1 of the Principal Regulation, for the word Section 1.“Lakher”, the words “Mara Autonomous” shall be substituted. (2) In clause (b ) of section 1 of the Principal Regulation, for the word “Lakher”, the word “Mara” shall be substituted. Amendment of3.(1) In clause (a) of s ection 2 of the PrincipalRegulation, for the word Section 2.“Lakher”, the word “Mara” shall be substituted. (2) In clause (b ) of section 2 of the Principal Regulation, for the word “Lakher”, the word “Mara” shall be substituted. Amendment of4.In section 4 of the Principal Regulation, for the words “District Council”, Section 4.the words “Executive Committee of the District Council” shall be substituted.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/150- 2 - Ex-3/2019