The Mizoram Public Demands Recovery Act, 2001 ( Act No. 11 of 2001)
No.H.12018/99/2001-LJD/79, the 7th November, 2001. The following Act of the Mizoram Legislative
Assembly which received the assent of the Governor of Mizoram is hereby published for General information.
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NOTIFICATION
No.H.12018/99/2001-LJD/79, the 7th November, 2001. The following Act of the Mizoram Legislative
Assembly which received the assent of the Governor of Mizoram is hereby published for General infor-
mation.
The Mizoram Public Demands Recovery Act, 2001 ( Act No. 11 of 2001)
(Received the assent of the Governor of Mizoram on 1.11.2001)
t o co nso lid at e t he law r ela t ing t o t he rec o ve ry o f public de mands in t he St a t e o f Miz o ra m.
It is enacted by the Mizoram Legislative Assembly in the Fifty-Second Year of“the Repubiic of
India as follows-
CHAPTER-I
PRELIMINARY
1.SHORT TIILE, EXTENT AND COMMENCEMENT.
(1)This Act may be called the Mizoram Public Demands Recovery Act, 2001.
(2)It shall extend to the whole of Mizoram.
(3)It shall come into force on such date as the State Government may, by notification
in the Official Gazette, appoint.
2.DEFINITIONS.
In this Act, unless the context otherwise requires
“(a)” arrear" shall include any public demand which is not paid on or before the due date of
payment .Vol XXX Aizawl, Friday 9.11.2001Kartika 18,S.E. 1923 Issue No. 247Regd. No. NE 313 (MZ)
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(b)“certificate debtor” means the person named as debtor in a certifcate filled under this
Act, and inludes any person whose name is subsitituted or added as debtor by the Certificate Officer:
(c)certificate-holder” means the Government or person in whose favour a certificate has
been filed under this Act, and includes any person whose name as substituted or added as creditor by the
Certificate Officer.
(d)“Certificate Officer” means a Sub-divisional Magistrate or any other officer appointed by
t he Depu t y Co mmissio ne r as Cert ifica t e O ffice r wit h pr io r a ppro val o f the Go ve rnme nt ;
(e)“Deputy Commissioner” means the Deputy Commissioner of a District and includes and
Additional Deputy Commissioner dealing with revenue matters and Sub-Divisional Magistrate and Sub-
ordinate Officers dealing in the Renvenue matters;
(f)“Government” means the State Government of Mizoram;
(g)“prescribed’ means prescribed by rules made under this Act;
(h)“public demand” means any arrear or money payable or due to the Government, or to
any scheduled Bank or financial institution approved by Reserve Bank of India, where the amount due to
such bank or financial institution is less than ten lakh rupees and include any money re-overable as arrear
of land revenue by any law in force or by any agreement;
CHAPTER-II
FILING, SERVICE AND EFFECT OF CERTIFICATES AND HEARING OF OBJECTIONS
THERETO
3.FILING OF CERTIFICATES FOR PUBLIC DEMAND.
When the Certificate Officer is satisfied that any public demand payable the Government, or
Bank of any financial institution is due, he may sign a certificate in the preseribed form stating that the de
ma nd is du e t o a nd s ha ll c au st t he C er t ifica t e t o be filed in his o ffice .
4.REQUISITION FOR CERTIFICATE IN OTHER CASES.
(1)When any pu blic demand payable to any person o ther than t he Government, or Bank or
any financal institution is due, such person may send to the Certificate Officer a written requisition in the
prescribed form.
(2)If, after issue of the requisition under sub-section (1), any payment towards or adjustment
of or reduction is the certiticate due is made, such person as mentioned in sub-section (1) shall intimate the
same to the Certificat e Officer as soon as possible.
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(3)The Government may prescribe a fee chargeable in certain cases for such requisitioning
as mentioned in sub-section (1).
5.SIGNING AND FILING OF CERTIFICAT ES.
On receipt of such requisition, t he Certificate Officer, if he is satisfied that the demand is recover-
able, may sign a certificate in the prascribed form stating that the demand is due, and shall include the fee
paid, if any and shall cause the certificate to be filed in his office.
6.SERVICE OF NOTICE.
When a certificate has been filed in his office, the Certificate Officer shall cause to be served a
notice in the prescribed form upon the certificate -debtor in the piescribed manner along with a Copy of
the certificate within saven days of the filing of the certificates
7.EFFECT OF SERICE.
From and after the service of notice of the cert ificate upon a certificate-debtor-
(a)any private transfer or delivery of any of his immoveable property situated in the district in
which the certificate is filed shall be void against any claim enforceable of the certificate;
(b)the amount due from time to time in respect of the certificate shall be a charge upon such
property:
Provided that the Certificate Officer may, at any time for reasons to be recorded in writing, direct
an attachment of the whole or any part of the immove-able pro pertie beloging to the certificate-debtor.
(8)FILING OF PETITION DENYING LIABILITY.
(1)The cert ificat e-debtor may, within fifteen days from the service o f notice, o r where the
had not been served, then, within thirty days from the cxecution of the process for enforcing the certificate,
present a petition to the Cert ificate Officer in whose o ffice the certificate has been filed or to the Cert ifi-
cat e Officer who is e xecut ing t he C ert ificat e, de nying his liabilit y in t he who le o r in pa rt ;
(2)If any such petition is presented to a Cert ificate Officer other than the Certificate Officer
in whose office the original certificate is filed, it shall be sent to the latter officer for disposal.
9.HEARING AND DISPOSAL OF PETITION.
The Certificate Officer in shose office the original certificate is filed may, after hearing the peti-
tioner and tqaking evidence if necessaru confirm set aside amend or vary the certificate as he deems fit.
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CHAPTER - III
EXECUTION OF CERTIFICATES
10.WHO MAY EXECUTE CERTIFICATES.
A certificate filed under section 3 or section 4 may be executed by -
(a)the Certificate Officer in whose office the original certificate is filed, or
(b)the Certuficate Officer to whom a copy of the certificate is sent for execution under sub
sectioa (1) of section 11.
11.TRANSMISSION OF CERTIFICATES TO ANOTHER CERTIFICATE OFFIJER FOR
EXECUTION.
(1)A Certificate Officer in whose office a certificate is filed may send a copy of the certificate
for execution to any other Certificate Officer.
(2)When a copy of a certificate is sent to any such officer, he shall cause it to be held in his
office, and thereupon the provisions of section 7 with respect to certificates filed in the office of the
Certificate Officer shall apply as it such copy were an original certificate:
Provided that it shall not be necessary to serve a second notice and copy under section 6.
12.WHEN CERTIFICATES MAY BE EXECUTED.
No step in executton of a certificate shall be taken until the period of thirty days has elapsed since
the date of service required by section 6 and section 9, when a petition has been duly filed in the office of
the Cert ificate Officer under section 8, until petition has been heard and disposed:
Provided that where the whole or any part of the moveable property of the certificate-debtor is
liable to attachment under this Act, the Certificate Officer may, at any time for reasons to be recorded in
writing, direct and attachment of the whole or anu part of such moveable pro pert y.
13.INTEREST, COSTS, AND CHARGES RECOVERABLE.
There shall be recoverable, in the proceedings in execution of every certificate filed under this
Act-
(a)interest upon the public demand to which the certificate relates, at the rate of fifteen per
centum per annum from the date of signing the certificate upt o the date of realisation :
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Provided that in cases where the Certificate Officer is satisfied that the certificate-deptor has
made default in payment of the dues wilfully and without reasonable cause, such interest may be charged
at the rate of eighteen per centum per annum;
(b)such costs as are directed to be paid by the Certificate Officer under this Act,: and
(c)all charges incurred in respect of-
(i)the service of notice under section 6 and of other processes, and
(ii)all other proceedings taken for realising the demand.
14.MODE OF EXECUTION.
Subject to such conditions and limitations as may be prescribed, a Certificate Officer may order
execution of a certificate
(a)by attachment and sale, if necessary, of any property or in the case of immoveable
propertyincluding the property created in the name of relatives and friends where proof is there that the
loan money used was for acquiring that property by sale without previous attachment, or
(b)by arresting the certificate-debtor and detaining him in the civil prison; or
(c)by any of the methods mentioned in sub-clauses (a) and (b).
15.PROPERTY LIABLE TO ATTACHMENT AND SALE.
Property liable to attachment and sale in execution o f a decree of a Civil Court may be attached
and sold in execution of a certificate under this Act:
Provided that the Government may, by general or special order, exempt certain agricultural pro-
duce required by t he a gricult u rist t o suppo rt his family t ill t he next harvest , fro m liabilit y t o at t achme nt o r
sale in execution of a cert ificate.
16.PAYMENT OF MONEY CONTRARY TO ATTACHMENT TO BE VOID.
When an attachment has been made in execution of a certificate, any payment to the Certificate-
debtor of any debt, dividen or other money, contrary to such attachment shall be void as against all claims
conforceable under the attachment.
17.VERIFICATION BY CERTIFICATE OFFICER.
(1)Where any claim is preferred to or any objection is made to the attachment or sale, of any
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property in execution of a certificate on the ground that such property is not liable to such attachment or
sale, t he Certificate Officer shall pro ceed to verify the claim or objection:
Provided t hat no such verification shall be made where the Cert ificate Officer considers that the
claim or objettion was unduly delayed.
(2)Where the pro perty to which the claim or objection applies has been advertised for sale,
the Cert ificate Officer ordering the sale may postpone it pending the verification and disposal of the claim
o r o bjec t io n.
18.EVIDENCE TO BE ADDUCED.
The claimant or objector may adduce evidence to show that he had some interest in, or was in
possession of, the pro perty attached, on the d ite of service in the case of immoveable pro perty or on the
date of attachment in the case of moveable property.
19.RELEASE OF PROPERTY FROM ATTACHMENT OR SALE.
Where, upon the verificition, the Certificate Officer is satisfied that the reason stated in the clain or
objection is true and t he property is not liable t o at tachnent or sale, he may make an order releasing the
property, wholly or to the extent he thinks fit, from attachment or sale.
20.DISALLOWANCE OF CLAIM TO PROPETY ATTACHED.
Where the Certificate Officer is satisfied that the property was, on the said date, in the possession
of the certificate-debtor as his own property and not account of any other person or was in the possession
of some other person in trust for himor in the possession of a tenant or other person paying rent to him, the
Ceit ificat e O fficer ma y disallo w t he c laim.
21.PURCHASER’S TITLE
(1)Where moveable property is sold in execution of a certificate, there shall vest in the
purchaser merely the righ, title and interest of the certificate-debtor at the time of sale.
(2)When immoveable property is sold in execution of a certificate, and such sale has been
ausolute, the purchaser’s right, title and in terest shall be deemed to have vested in him from the time when
the property is sold, and not from the time when the sale becomes absolute.
22.SUIT AGAINST PURCHASER NOT MAINTAINABLE.
(1)No suit shall be maintained against any person claiming t itle under a purchase certificate
Öfficer in such manner as prescribed, on the ground that the purchase was made on behalf of the plaintiff
o r o f so me o ne t hro ugh who m t he plaint iff claims.
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(2)Nothing in this section shall bar a suit to obtain a declaration that the name of any pur-
chaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real
purchaser, or interfere with the right of a third person to proceed against that property, though ostensibly
sold to the certified purchaser, on the ground that it is liable to satisfy a claim of such third person against
the real owner.
23.APPLICATION TO SET ASIDE SALE.
(1)Where immoveable property has been sold in execution of a certificate, any person whose
interests are affected by the sale, may at any time within thirty days from the date of sale, apply to the
Cert ificate Officer to set aside the sale-
(a)o n t he g r o u nd t hat t he no t ic e w as no t se r ve d a s r eq uir ed u nde r s ec t io n 6, o r o n
the ground of material irregularity in the proceedings whereby the applicant has sustained substantial
injury; o r
(b)by depositing an amount specified in the proclamation for sale for the recovery of
which the sale was ordered, five percentum of the said amount for payment to the purchaser and any
public demand payable to the Go vernment or Bank or any financial institution by the certificate-debtor;
and
(c)o n t he g r o und t ha t t he p r o pe r t y d id no t exist a t t he t ime o f s ale, o r t ha t t he p ur -
chaser has suffered substantial injury owing to any mis-description in the sale proclamation of the interest
of the cert ificate-debtor in the pro perty sold.
(2)Notwithstanding anything contained in sub-section (1), the Certificate Officer may enter-
tain an application made after expiry of thirty days from the date of the sale if he is satisfied that there are
reasonable grounds for so doing.
(3)Where such application is made and allowed, the Certificate Officer shall make an order
setting aside the sale:
Provided that no order shall be made unless notice of application has been given to all persons
affected thereby, in the form of public notice.
24.SALE WHEN TO BECOME ABSOLUTE.
Where no application is made under section 23, or where such application is made and disal-
lowed the Certificate Officer shall make an order confirming the sale, and thereupon the sale shall become
absolute.
25.DISPOSAL OF PROCEEDS OF EXECUTION.
(1)Whenever assets are realised by sale or otherwise in execution of a ceretificate, they shall
be disposed of in the following manner -
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(a)there shall be paid to the certificate-holder the costs incurred by him;
(b)there shall, in the next place, be paid to the certificate-holder the amount ddue to him
under the certification of which the assets were realised;
(c)if there remains a balance after these sums have been paid there shall be pay to the
certificate-holder any other amount recoverable under the procedure prescribed which may be due to him
on the date by which the assets were realised;
(d)the balance, if any, remaining after the payment or the amount, shall be paid to the certifi-
cate-dcb.or; and
(e)the balance, if any, remaining after the payment of the amount shall be relised in favour of
the Government towards the cost incurred by the Government for such recovery.
2.if the Certificate debtor disputes any claim made by the certificate holder to fecover any
amount reffered to in clause (c) of sub-section (1) the Certificate Officer shall determine the dispute.
26.PROCEDURE ON RESISTANCE OR OBSTRUCTION MADE TO THE PURCHASER
(1)If the purchaser of any property sold in execution of a certificate is resisted or obststructed
by any person in o btaining possessio n o f the pro perty, he may apply to t he Cert ificate Officer for neces-
sary action.
(2)The Certificate Officer shall verify such application and shall require the party against
whom the application is made to appear and answer the same.
(3)If the Certificate Officer satisfied that the registance of obstruction was occasioned with-
o ut any sut e cause by t he certificat e-debt or o r by some person o n his behalf he shall duse that t he appli-
cant be put in possession of his property; and if the applicants shall resisted or obstructed in obtaining
posession the Cert ificate Officer may also at the instance of the applicant order the certificate-debtor or
such other person to be arrested and det ained in the civil person for tha term which may extend to thirty
days.
(4)If the Certificate Officer is statisfied that the registance or obstruction was occasioned by
any person other than the cert ificate-debtor claiming in good faith to be in possession of the pro perty on
his own account or on account of some person other than the certificate-debtor, the Certificate Officer
shall make an order dismissing the applicant.
27.POWER OF ARREST AND DETENTION.
A certficate-debtor may be arrested in execution of a certificate at any hour and on any day, and
where so arrested, shall as soon as practicable be brought before the Certificate Officer; and his detent on
may be in the civil prison of the district in which the Certificate Officer ordering the detention exercise
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jurisdiction, or, where such civil prison does not afford suitable accomodation in any other place which the
government may appoint for the detention of such person;
Provided that, if the certificate-debtor pays the amount entered in the warrant of arrest to the
officer arrest ing him, in thge prescribed manner such officer shall at once release him.
28.DETENTION IN AND RELEASE FROM PRISON.
(1)Every person detained in the civil prison in execution of a certificate may be so detained
-
(a)Where the certificate is for a demand of an amount exceeding five thousand rupees, for a
perio d o f six months, and
(b)in any other case for a period of six weeks:
Provided that the cert ificate-debtor shall be released from such detention-
(i)on the amount mentioned in the warrant for his detention being paid to the officer-in-
charge of the civil person; or
(ii)on the certificate being otherwise fully satisfied, or cancelled, or
(iii)on the request by the person (if any) on whose requisition the certificate was siled or of
the Deputy Commissioner; or
(iv)on the ommission by the person (if any) on whose requisition the certificate was filed to
pay the subsistence allowance fixed by the Certificate Officer.
Provided further that the cert ificate-debtor shall not be released fro m such detention under sub-
clause (ii) or sub-clause (iii) without the order o f the Certificate Officer.
(2)A certificate-debtor released from detention under this section shall not merely by reason
of his release, be discharged from his debt; but shall be liable to be re-arsested under the certificate in
execution of which he was det ained.
29.RELEASE ON GROUND OF ILLNESS.
(1)At any time after a warrant for the arrest of a certificate-debtor has been issued, the
Cert ificate Officer may cancel it on the ground of his serious illness as may be prescribed.
(2)Where a cert ificate debtor has been arrested, t he Certificate Officer may released him if
he is not in a fit state of health to be detainend in the civil prison in the opinion of the competent authority
as may be prescribed
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(3)A certificate-debtor released under this sectionb may be re-arrested, but the period of his
detention in the civil prison shall not in the aggregate exceed the period specified in section 28.
30.PROHIBITION OF ARREST OR DETENTION OF WOMEN AND PERSONS UNDER
DISABILITY.
Notwithstanding anything contained in this Act, the Certificate Officer shall not order the arrest or
det ent io n in t he civil priso n o f-
(a)a woman, or
(b) any person who, in his opinion, is a minor or of unsound mind.
CHAPTER IV
APPEAL, REFERENCE AND SUPPLEMENTARY PROVISiONS.
31.APPEAL.
(1)An appeal from any original order made by a Certificate Officer shall lie to the Coinmissioner
of Revenue Depariment, if presented within thirty days from the date of the order appealed against ex-
cluding the time taken for obtaining the copy of the order.
(2)Pending the decision of any appeal, execution may be stayed it the appellate authority so
dirccts, but not otherwise.
32.CANCELLATION OR MODIFICATION OF CERTIFICATION.
(1)No certificate filed under this Act shall be cancelled by the appellate authority except on
any one or more of the following grounds, namely :
(a)that the amount stated in the certificate was actually paid or discharged before the singing
of the certificate; or
(b)that no part of the amount stated in the certificate was due by the certificate-debtor to the
certificate-holder; or
(c)that in the case of fine imposed, or costs, charges, expenses, damages duties or fees
adjudged, the proceedings were not in conformitywith the previous of law and that the certificate debtor
suffered substanctian injury from such error defect or irregularity in such proceedings.
(2)No certificate duly filed under this Act shall be modified by the appellate authorily, except
the following grounds-
(a)that a portion of the alleged debt was not due; or
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(b)that the certificate-debtor has not received credit for any portion which he has paid.
33.BAR TO JURISDICTION OF CIVIL COURT.
1.Except otherwise expressly provided in the Act, every question arising between the certificate-
holder and t he cerificate-debtor, or their representatives relating to the making, execut ion discharge or
satisfaction of a certificate duly filed under this Act, of a sale held in execution of such certificate, shall be
tedtermined not by suit but by order of the Certfificate Officer before whom such question arises or of
such other Certificate Officer as he may determine;
Provided that a suit may be brought in a civil court only in respect of any such guestion upon the
ground of fraud.
34.PERSONS UNDER DISABILITY.
where the Certificate Officer is satisfied that certificate-debtor is a minor or of unsound-mind, he
shall, in any procceding under this Act, permit him to represented by the natural guardian or a guardiaa
applied by a court or, in the absence of any such guardian, any suitable person in consonance with the
customary laws appicable to such minor or person of unsound-mind.
35.CONTINUANCE OF CERTIFICATES.
No certificate shall cease to be in force by reason of
(a)the propety to which the demand rrelates ceasing to be under the charge or management
of the Court of Wards or the revenue authorities, or
(b)the death of the certilicate-holder.
36.PROCEDURE ON DEATH OF CERTIFICATE-DEBTOR.
(1)Where a certificate-debtor dies before the certificate has been fully satisfied, the Certifi-
cate Officer may, after serving upon the legal respresentative of the deceased a notice in the prescribed
form, proceed to execute tne certificate against such legal represeniative; and the pro visions of this Act,,
shlal apply as if such legal representative were the certificate-debtor and as it such notice were a notice
under section 6;
Provided that where the certificate is executed against such legal representative, he shall be liable
only to the extent of the property of the deceased which has come to his hands and has ot been duly
disposed of; and for the purpose of certaining such liability the Certificate Officer executing the certificate
may, of his own motion or on the application of the certificate-hoelder compel such legal representative to
produce such accounts as the Certificate Officer t hinks fit.
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(2)For the purpose of this section, property in the hands of a son or other dscendant which
is liable tor the payment of the debt of a deceased ancessor in respect of which a certificte has been filed
shall be deemed to be property of the deceased which has come to the hands of the such of other
decendant as his legal representative.
37.CANCELLATION OF CERTIFICATES.
(1)The Cert ificate Officer shall cancel any certificate at the request of the certificate-holder.
(2)The Cert ificate Officer may cancel any cert ificate filed under sect ion 3 if the cert ificate-
holder is not reasonably diligent.
38.COSTS.
Subject to such limitation as may be prescribed, the award o f any cost of, and incidental to any
proceeding under this Act including costs occasioned by adjournnent of any such proceedings at any
stage thereof, shall be in the discreation of the officer presiding, and shall have full power to direct by
whom and to what extent such costs shall be paid.
39.COMPENSATION.
If the Cert ificate Officer is satisfied that any requisition made under section 4 was made without
reasonable cause, he may award to the certificate-debtor such compensation as the Certificate Officer
may think fit and the amount so awarded shall be recoverable from the certificate-holder lunder the
procedure prrescribed by this Act for recovery of costs.
40.RESTITUTION CONSEQUENT ON REVERSAL OR MODIFICATIONO OF ORDER.
(1)When the order of a Certificate Officer is set aside or modified by reason of any order
passed under section 32, the Certificate Oificer shall have full power to give such order and for that
purpose, direct that the cert ificate-holder shall be restored with possession of the property sold in conse-
quence of the order so set aside or modified, or receive such compensation from the certificate-holder as
the Certificate Officer may think fit, and such compensat ion shall be recoverable as a public demand.
(2)An order passed under sub-section (10 shall, for the purposes of section 32, be deemed
to be an original order.
41.ENTRY INTO DWELLING HOUSE.
(1)No person executing any warrant of arrest issued under this Act, or any process issued
under this Act directing or authorising the attachment or move able property, shall enter any dwelling
house after sunset or before sun rise.
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(2)No o ut er do o r o f dwelling ho use shall be br o ken o pen unle ss t he dwelling ho use o r a
portion thereof is in the occupancy of the certificate-debtor and he or any other occupant of the house
refuses or in any way prevents access thereto; but, when the person execut ing any such warrant or other
pro cess has duly gained access to any dwelling house he may break open the door of any room and enter
if he has reason to believe that entering into the room is neccessary in order to enable him to execute the
process.
(3)Where the room in a dwelling house is in the actual occupancy of a woman the person
executing the process shall give notice to her that she is at liberty to withdraw; and and after allowing
reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such
room for the purpose of executing the process and if tje process is for the attachment of property, he may
at the same time precaution, consistent with this section, ton prevent with clandestine removal.
42.PROTECTION OF ACTION TAKEN UNDER THIS ACT.
No suit or ot her legal pro ceedings shall lie against any person for anything done or purporled to
be done in good faith under this Act or any rule or order made there-under.
43.Any other officer acting as Cert ificate Officer or appellate authority under this Act shall have the
powers of a civil court only for the purposes of receiving evidence, administering o acths, enforcing the
attendance of witnesses and compelling the pro duction of documents.
44.C E RT I FI CAT E OF FI CE R DE E M E D TO B E A C I V I L C OU RT.
A Certificate Officer shall be deemed to be a civil couit and any proceeding before him shall be
deemed to be a civil proceeding with the meaning of section 14 of Limitation Act, 1963.
45.PENALTIES.
Whoever fraudulentiy removes, conceals, transfers o r delivers to any person any property or any
interest therein, intending thereby to prevent that from being taken in execution of a certificate, shall be
deemed to have committed an offence punishable under section 206 of the Indian Penal Code (Act XLV
of 1860).
46.LIABILITY OF PERSON IN CUSTODY OF ATTACHED PROPERTY.
(1)Where any person has been ent rusted by attaching officer with the cust ody of any pro p-
erty täken in execution of a certificate and on failure of such person to fulfill the condition to the entrust-
ment, a certifiicate may be executed against him to the extent he has rendered himself personally liable.
(2)Without prejudice to the provisions of sub-section (1) whenever the person refferred to
there in willfully and without sufficient cause fails to pro duce the property kept in his custody before any
lawful authority in accordance with the terms of such entrustment such person shall be deemed to have
committed an offence punishable under section 206 of the Indian Penal Code (Act XLV of 1860).
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47.P OWE R T O MAKE R U L E S .
(1)The Government may make rules for the purpose of carrying out the provision of the Act.
(2)All rules made under sub-section (1) shall be laid as soon as possible after they are made
before the Mizoram Legislative Assembly.
48.ACT TO HAVE OVERRIDING EFFECT.
(1)Save as provided under sub-section (2), the provision of this Act shall have effect not-
withstanding anything consistent therewith contained in the Mizo District (Transfer of Land) Act, 1963 as
amended fro m time to time or in any pro vision or Act or any other law made by the State Legislature for
the time being in force or in an instrument having effcct by virtue of any such law ot her than this Act.
(2)The pro visio ns of this Act or t he rules made t hereunder shall be in addit ion t o and no t in
derogation of the Mizoram Co-Operative Societies Act,1991 (19 of 1991).
49.REDEAL AND SAVINGS.
Provided t hat, anything done o r any action taken under any of the saidAct so repealed: shall be
deemed to have been done or taken under the corresponding provision of this Act, unless such thing or
action is inconsistent with any of the provisions o i this Act .
Chakraborty,
Secretary,
Law & Judicial Department,
Government of Mizoramn.
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press, Aizawl. C-900
The Mizoram Govt. Press (Group ‘C’ posts) Recruitment Rules, 1979.
In exercise of the powers conferred by the proviso to article 309 of the Constitution read with the Government of India, Ministry of Home Affairs Notification No.14/21/71-HMT-(ii) dated the 21st January, 1972 and all other powers enabling him in this behalf the Administrator of Mizoram is pleased to make the following rules relating to the recruitment to the posts of Printer, Proof Reader and Copy Holder in the Mizoram Government Press namely :
NOTIFICATIONIn exercise of the powers conferred by the proviso to article 309 of the Constitution read with the
Government of India, Ministry of Home Affairs Notification No.14/21/71-HMT-(ii) dated the 21st
January, 1972 and all o t her po wers enabling him in t his behalf t he Administ rat o r o f Mizo ram is
pleased to make the following rules relating to the recruitment to the posts of Printer, Proof Reader
and Copy Holder in the Mizoram Government Press namely :The Mizoram Gazette
EXTRA ORDINARY
Published by AuthorityVOL - IX Aizawl, Thursday 28.2.1980 Phalguna 9 S.E. 1901, Issue No. 7(1) These Rules may be called the Mizoram Govt. Press
(Group ‘C’ posts) Recruitment Rules, 1979.
(2) They shall come into force on the date of their publication
in the Official Gazette.
These Rules shall apply to the posts specified in column 1
of the Schedule hereto annexed.
The number of the said post, their classification, and the
scales of pay attached thereto shall be as specified in
columns 2 to 4 of the Schedule aforesaid.
The age limit, qualifications and other matters relating to
the said posts shall be as specified in columns 5 to 13 of
the said Schedule.
Provided that the upper age limit prescribed for direct
rectt, may be relaxed in the case of candidates belonging
to the Scheduled Castes, Scheduled Tribes and other
Special Categories of persons in accordance with the
orders issued by the Central Government or Government
o f Mizo ram fro m t ime t o t ime. 1. Short title and
commencement :
2. Application :
3. Number of posts,
classification, &
Scale of pay
4. Method of rectt.
age limit, and other
qualification :Regn. No. N.E. 907
No person :
(a) Who has entered into or contracted a marriage with a
person having a spouse living,
or
(b ) Who, having a spouse living, ha s entered into or con-
tracted a marriage with any person, shall be eligible
for appointment to the said post.
Provided that the Administrator may, if satisfied that such
marriage is permissible under the personal law applicable to
such person and the other party to t he ma r r ia ge a nd ther e a r e
other gr ounds for so doing, exempt any person from the
operation of this rule.
Every Government servant shall undergo such training or pass
such departmental examination as may be prescribed from time
to time.
Where the Administrator is of the opinion that it is necessary
or expedient so to do, it may, by order and for reasons to be
recorded in writing, relax any of the provisions of these rules
with respect to any class or category of persons.
Nothing in these rules shall affect r eservation and other
concessions required to be provided for the Scheduled Castes,
the Scheduled Tribes and other categories of persons in
accordance with the orders issued by the Central Govt. or Govt.
of Mizoram from time to time in this regard.
All Rules pertaining to these posts, framed by the Governor of
Assam or by the Govt. of Assam and were in for ce in the
erstwhile Mizo District and continued to be in existence in
pursua nce of Govt. of India , Ministr y of Home Affairs
Notification No.14/21/71-HMT (ii) dt.21.1.1972 are hereby
repealed.
Provided that any order made or anything done or any action
under any general orders ancillary thereto, shall be deemed to
have been made, done or taken the corresponding provisions
of these rules.
By orders, etc.
Chief Secretary
to the Govt. of Mizoram. 6. Training and
Departmental
Examination:
7. Powerto relax : 5. Disqualification:
8. Reservation and
other concessions :
9. Repeal and Saving:Ex-7/19802
SCHEDULE
RECRUITM
ENT
RULESFOR
M
IZORAM
GOVT.PRESS,(GROUP‘C’POST)GOVT.OFM
IZORAM
Ex-7/1980
3
Nameof
post
No.ofposts
Classification
Scaleofpay
W
hetherSelec-
tionpostorNon-
Selectionpost
Age
fordirect
recruits
Educationandotherqualifica-
tionsrequiredfordirectrecruits
1.
Proof
Reader
1(one)oras
sanctionedfrom
timetotime.
GeneralCentral
ServiceGroup‘C’
(highlyskilled)
Non-Gazetted,
Non-Ministerial
330-8-370-10-400-
EB-10-480
Non-selection
Between18-30
years,(relaxablefor
Govt.servant)
1
2
3
4
5
6
7
1)Matriculationorequivalent,
2)Knowledgeofcomposition
andcorrectioninEnglish(b)
LushaioroneoftheRegional
languagesinwhichprintingis
doneinthepress.
3)5yearsexperienceofthetrade
orcertificateof
successful
completionofapprenticeship
underApprenticesAct,1961
(52of1961)and2yearsex-
perienceofthetrade.
1)MiddleSchoolPassCertifi-
cateofsuccessfulcompletion
ofApprenticeshipunderthe
ApprenticesAct,1961(52of
1961)
OR
3yearsexperience.
2.
Printers
GradeIII
4(four)oras
sanctionedfrom
timetotime
GeneralCentral
ServiceGroup‘C’
(highlyskilled)
Non-Gazetted,
Non-Ministerial.
260-6-326-EB-8-
350/-
Non-selection
18-30yrs.
W
hetherageand
educationalqualifica-
tionsprescribedfor
directrecruitswill
applyinthecaseof
promotees
Periodofproba-
tion,ifany
M
ethodofrecruitment
whetherbydirectrectt.orby
promotionorbydeputa-
tion/transfer&
percentage
ofthevacanciestobefilled
byvariousmethods.
Incaseofrecruitmentby
promotionondeputation/
transfer,gradesfrom
which
promotiondeputation/transfer
tobe.
IfaDPC
exist,
whatisitscom-
position
Circumstancesin
whichUPSC
istobe
consultedinmaking
recruitment.
1.No
Departmental
PromotionCommit-
teeconsistingof-
1)Secretary,SAD/
GAD-Chairman-
2)Headofthe
Deptt.-Member.
3)A
representative
ofAppointment
Deptt.-Member.
Asrequiredunderthe
U.P.S.C.(Exemption
from
consultations)
Regulation,1958.
8
9
10
11
12
13
100%
Bypromotion,failing
whichbydirectRectt
failingwhichby
deputation
Ex-7/1980
4Promotion:Compositor
GradeII&
CopyHolderwith
3yearsexperienceinthe
Grade.
Deputation:CompositorGr.I
ofotherGovt.ofIndiapresses
failingwhichcompositorGr.
IIwith3yearsinthatGrade
ofothertradetest(Periodof
deputationgenerallynotto
exceed3years)
Promotion:MachineAtten-
dantswith3yearservicein
thegradewhoqualifyata
tradetesttobeeligiblefor
promotion.
Deputation:MachinemenGr.
IIIofotherGovt.ofIndia
PressesfailingwhichMachine
Attendantwith3yrs.service
inthatgradeofotherpresses
subjecttotheirqualifyingat
tradetest(periodofdeputation
generallynottoexceed3
years)
Oneyear
100%
Bypromotion,failing
whichbydirectRectt
failingwhichby
deputation
Oneyear
2.No
-do-
-do-
Ex-7/1980
5
Nameofpost
No.ofposts
Classification.
Scaleofpay.
W
hetherselection
postornonselection
post
Educationalandotherquali-
ficationsrequirefordirect
recruits.
3.Copy
Holder
18-30yrs.
1)Matriculateorequivalent
2)Knowledgeofcomposing
andproofcorrectionin(a)
Englishand(b)Lushaior
anyoftheRegionallan-
guagesinwhichprintingis
doneinthepress.
3)Certificateofsuccesful
competitionofapprentice-
shipunderApprenticesAct
1961(52of1961)
OR
3yearsexperienceofthe
trade.
1
2
3
5
6
7
GeneralCentral
Service(Group‘C’)
(skilled)Non-
Gazetted,Non-
Ministerial.
1(One)oras
sanctionedfrom
timetotime.
Rs.260-6-EB-326-8-366-
EB-8-390-10-400/-
Notapplicable
SCHEDULE
RECRUITM
ENT
RULESFOR
M
IZORAM
GOVT.PRESS(GROUP‘C’POST)GOVT.OFM
IZORAM
Agefor
direct
recruits.
4
W
hetherage
andeduca-
tionalqualifi-
cationspre-
scribedfor
directrecruits
willapplyin
thecaseof
promotees
Periodof
probationif
any
M
ethodofrectt.
whetherbydirect
rectt.orbypromo-
tionorbydeputa-
tion/transfer&
percentageofthe
vacanciestobe
filledbyvarious
methods
Incaseofrectt.by
promotionondeputa-
tion/transfer,grades
from
whichpromotion
deputation/transferto
be.
IfaDPC
exists,
whatisitscompo-
sition.
Circumstancesinwhich
U.P.S.C.istobe
consultedinmaking
recruitment.
1.No
Asrequiredunderthe
U.P.S.C.(Exemptionfrom
consultation)Regulation,
1958.
8
9
10
12
13
100%
bydirect
rectt.failingwhich
bydeputation.
Oneyear.
Deputation:
CompositorGr.IIof
otherGovt.ofIndia
Presses.(periodof
deputationgenerallynot
toexceed3yrs)
DepartmentalPromotionCom-
mitteeconsistof-
1)Secretary,SAD/GAD-
Chairman
2)HeadoftheDeptt.-Member
3)A
representativeofAppoint-
mentDepartment
11
Ex-7/1980
6
PrintedattheMizoram
Govt.Press,Aizawl.C-800.