Ex-247/2001 - 1 - 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) Ex-247/2001- 2 - (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. Ex-247/2001 - 3 - (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. Ex-247/2001- 4 - 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 : Ex-247/2001 - 5 - 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 Ex-247/2001- 6 - 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. Ex-247/2001 - 7 - (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 - Ex-247/2001- 8 - (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 Ex-247/2001 - 9 - 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 Ex-247/2001- 10 - (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 Ex-247/2001 - 11 - (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. Ex-247/2001- 12 - (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. Ex-247/2001 - 13 - (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). Ex-247/2001- 14 - 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 Gazette EXTRA ORDINARY Published by AuthorityVOL -XXII Aizawl, Monday 19.7.1993 Asadha 28, S.E. 1915, Issue No. 152NOTIFICATIONNo.A.12018/8/81-APT(B), the 6th July, 1993. In exercise of the powers conferred by the proviso to Article 309 of the Constitution India, the Governor of Mizoram hereby makes the following rules further to amend the Recruitment Rules for the post of Assistant Controller, Printing & Stationery under Notification No.A.12018/8/81-APT(B) dt.11.5.1989 under Government of Mizoram, namely : (i)These Rules may be called the Mizoram Printing & Statio- nery Department (Group ‘A’ post) Recruitment (2nd amend- ment) Rules, 1993. (ii)They shall come into force from the date of their publication in the Mizor am Gazette. 1. Short title and commencement. 2.In the schedule (now Annexure-I) under column 12 of the Mizoram Printing & Stationery Department (Group ‘B’ posts) Recruiment Rules 1989; the following proviso shall be substituted :- PROMOTION: From Editor with 5 years experience in the grade and from Depot Manager/General Stor e Keeper with 7 yea rs experience in the grade. Lalmalsawma, Secretary to the Govt. of Mizoram, Deptt. of Personnel & Admn. Reforms.Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-550. Regd. No. NE 907

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.