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The MARA autonomous district council (Inheritance of Property) (Amendment) Act, 2019

VOL - XLVIIIISSUE - 655Date - 11/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.C. 31015/1/90-DC&MA, the 7th October, 2019.In pursuance to the paragra ph 11 of the Sixth Schedule to t he Constitution of India, the following Act , after receiving assent of duly appr oved by the Hon’ble Governor of Mizor am on 11.9.2019 is hereby published for general information. “THE MARA AUTONOMOUS DISTRICT COUNCIL (Inheritance of Property) (Amendment) Act, 2019” Sangdingliana, Secr etary to the Govt. of Mizoram, District Council & Minority Affairs Deptt. THE MARA AUTONOMOUS DISTRICT COUNCIL (INHERITANCE OF PROPERTY) (AMENDMENT) ACT, 2019 AN ACT to a mend the Lakher Autonomous District (Inherit ance of Property) Act, 1982 (hereinafter referred t o as the “Principal Act”) Be it enacted by the Mara Autonomous Distr ict Council in its Session in the Seventieth Year of the Republic of India a s follows:– Short title, extent1.(1) This Act may be called the Mara Autonomous District Council and commencement.(Inheritance of Property) (Amendment) Act, 2019. (2) It shall have the like extent as the Principal Act. (3) It shall come into force from the date of its publication in the Mizoram Gazette. Amendment of2.(1) In sub–section (1) of section 1 of the Principa l Act, for the word Section 1.“Lakher”, the word “Mara” shall be substituted. VOL - XLVIII Aizawl, Friday 11.10.2019 Asvina 19, S.E. 1941, Issue No. 655 - 2 - Ex-655/2019 (2) In sub–section (2) of section 1 of the Principa l Act, for the word “Lakher”, the word “Mara” shall be substituted. Amendment of3.(1) Clause (i) of section 3 of the Principal Act shall be omitted. Section 3.( 2 ) In cl a u s e ( ii) of s ect i on 3 o f t he P r i nci p a l Ac t , for t h e wor d “ L a kh er ” , the word “Mara” sha ll be substituted. (3) In clause (iii) of section 3 of the Pr incipa l Act, for the word “Lakher”, the word “Mara” sha ll be substituted. (4) For clause (iv) of section 3 of the Principal Act, the following clause shall be substituted, namely:– “(iv) “District Council Court” means the Mar a Distr ict Council Cour t constituted under the provisions of the Lakher Autonomou s District (Administration of Justice) Rules, 1981;” (5) After clause (iv) of section 3 of the Principal Act, the following clause shall be inserted, namely:– “(iva) “Governor” means the Governor of Mizoram appointed by the President of India under Article 155 of the Constitution of India.” Amendment of4.For sub–section (1) of section 8 of the Principal Act, the following sub– Section 8.section shall be substituted, namely:– “(1) Any will or Testament executed or made in contravention of the provisions of this Act shall be null and void.” Amendment of5.In section 24 of the Principal Act, for the word “Administrator”, the word Section 24.“Governor” shall be substituted.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/200

The Mizoram Wood Based Industries (Establishment & Regulation) (Amendment)Rules, 2019

VOL - XLVIIIISSUE - 656Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.C.18011/5/2016 - FST, the 11th October, 2019.In a ccordance with the provisions of the Wood Based Industries (Establishment & Regulation) Guidelines, 2016 issued by the Ministry of Environment, Forests & Climate Change, Government of India in compliance of the direction of the Hon’ble Supreme Cour t of India dated 05.10.2015 in W.P (C) No.202 of 1995, the Government of Mizora m vide Notifica tion No.C.18011/8/2012 - FST dated 19th June, 2017 had issued the Mizora m Wood Based Industr ies (Establishment & Regulation) Rules, 2017. The Minis try of Environment, F orest s & Climate Change, Government of India had further amended and simplified the sa id guidelines vide Resolution dated 11th Sept ember, 2017. Now, in order to confor m to the said amended guidelines, the Government of Mizora m is pleased to amend the Mizoram Wood Based Industries (Establishment & Regulation) Rules, 2017, as follows:- 1. Short title, extent and commencement: (i)These rules shall be called the Mizoram Wood Based Industries (E stablishment & Regulation) (Amendment)Rules, 2019. (ii) They shall extend to the whole State of Mizoram except the three Autonomous District Councils. (iii) They shall come into force from the date of their publication in the Official Gazette. 2 . Amendment of Rule 2 : In the Mizoram Wood Ba sed Industr ies (Establishment & Regulation) Rules, 2017 (hereinafter referred to as the said rules), the entries under rule 2(i) shall be substituted by the following, namely:-“(i) In t hese r ules, unless the context other wis e r equir es - (a) “authorized officer” mea ns the Divisional For est Officer having jur isdiction over the place of est ablishment of wood based industry; (b) “charcoal” means a form of carbon derived from incomplete combustion of wood der ived fr om a t ree. (c) “Industrial Estate” mea ns areas notified by the Sta te Government for establishment of wood based industr ies; (d) “license” mea ns a license granted under t hese ru les; (e) “PCCF” means the Principa l Chief Conservator of Forests, Government of Mizoram; (f) “person” includes an individual, pa rtnership firm, a body, company or a society duly registered for the purpose of carr ying on a business; (g) “primary Wood Based Industry” means an industry that is involved in sawing/ peeling/ chipping/conversion of round timber using mechanical devices for manufacturing of wood products, a nd includes saw mill, joinery mill, veneer mill, plywood mill, particle VOL - XLVIII Aizawl, Tuesday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 656 - 2 - Ex-656/2019boar d mill, peeling and chipping unit and any other unit involved in cutting, sawing, re- sawing or converting of round as well as sawn timber. (h) “round log” means a piece of wood in its natural form, having mid girth of thir ty centimeter or more under bark, and it will include such round log even after its bark has been removed or its surface has been dress ed, manually or by using a band saw or any other machine or equipment to ma ke its cross s ection square or near to squ are for the purpose of ease in its transportation and/or stor age. (i) “Saw Mill” means plants and machinery in a fixed st ructure or enclosure for cutting, sawing and conversion of timber with the aid of electr ical or mechanical power. (j) “sawn timber” means beams, scantlings, planks, battens and such other product obtained from sawing of a round log. (k) “Secondary Wood Based Industry” means an industry that is involved in re-sa wing or conversion of s awn timber int o smaller pieces or other pr oducts, and include units having band sawor re-saw and/or circula r saw of more than 30 centimeter diameter, but which is not involved in purchase/sawing of round timber. (l) “State Level Committee” mea ns the C ommit tee constit uted by the Government of Mizoram under rule 5(i) of these ru les. (m) “Wood Based Industry” means any industry which processes wood as its raw material (including veneer, plywood or any other for m of wood such as sanda l wood, katha wood, charcoal, etc). (ii) Words and expressions used but not defined in these rules, but defined in the Mizor am (For est) Act, 1955 shall ha ve the meaning assigned to them in such Act;” 3 . Amendment of Ru le 3 : Rule 3 of the Principal Rules shall be substituted with the following, namely:- “3. Restriction on establishment of Wood Based Industries: (i) No person shall establish or operate a primary or secondary wood based industry except under a license gra nted in accorda nce with these rules a nd with the pr ior appr oval of the Stat e Level Commit tee. (ii) Primary wood based industr ies shall be permitted to be established only in the Industrial Esta te or Municipal area or Distr ict Headquarters or any other suitable area as appr oved by t he Stat e Level Committ ee”. 4 . Amendment of Rule 4 : Rule 4 of the Principal Rulesshall b e substituted with t he following, namely:- “4. Categories of wood based industries not requiring license: (1) The following industries/processing pla nts not using round logs of domestic origin or operating without a band saw or re-saw or circular sa w of more than thirty centimeter diameter shall not require license. Indu stries/processing plants which use: a. sawn timber, cane, bamboo, reed, plywood, veneers or imported wood procured from legitimate sour ces. b. block board, Medium Density Fiberboard or similar wood based products procured from legitimate sour ces. c. round log/timber fr om species declared as agro-forestry/agricultural crops and/or exempted fr om the purview of felling and transit permit in the State of Mizoram, and procured from legitimate sources.However, the State Level C ommittee may allow installation of circular saw of diameter up to 60 centimeter in such industries having specialized requirement. - 3 -Ex-656/2019(2) Such industries shall be registered with the authorized officer concerned by providing particulars/details of the industries in Form – I.” 5 . Amendment of Rule 5 : Clause (g) of rule 5(i) of the Principal Rules shall be substituted by the following,namely:- “g) The State Level Committee may co-opt an officer from Territorial wing of the Forest Department not below the rank of Conservator of Forests a nd officers fr om Depa rtment of Agriculture and Depa rtment of Revenue of the State Government.” 6 . Amendment of Rule 6 :- Rule 6 of the Principal Rules shall be substituted by the following, namely:- “ 6. Powers and functions of the State Level Committee : The State Level Committee (SLC) shall:- (i) Assess the availability of timber in the State by way of appropriate study on demand and supply as a nd when it decides. T he SLC shall devise suitable mechanism for sustainable use of timber in a way that does not affect the forests of t he area adversely. (ii) Appr ove appr opriate locations for setting up of wood based industrial units. (iii) Appr ove the name of wood ba sed industries which ma y be considered for gr ant of fresh license or enhancement of t he exis ting licensed capacity in case the committee is satisfied that timber is available legally for the said new wood based industr ies (such as trees outs ide for est, private for ests, et c.). (iv) Ensure that the amount collected or recover ed from Wood Based Industries and deposited in t he account of State Level Committee is utilized for the purpose of afforestation only. (v) Examine and make appropria te recommendations or any other matter referred by the St ate Government .” 7 . Omission of Rule 7 : Rule 7 of the Principal Rules of these rules shall be omitted. 8 . Amendment of Rule 9 : Rule 9 of the Principal Rulesshall be substituted with the following, namely:- “ 9. Pr ocedure for obtaining license or r enewa l of license for wood based industr ies: (i) For obtaining a license or renewal of license or for enhancement of the existing licensed capacity, application in Form I shall be submitted to the authorized officer. (ii) Application for renewal of license shall be made to the authorized officer, at least three (3) months before the expir y of the validity period of the existing license. (iii) Application received in clause (i) shall be enquired into by the authorized officer, who, after due verifica tion, shall forward the application along with the verification report and comments to the Conservator of For ests concerned within a period of 30 days from the date of receipt of such a pplication. (iv) The Conservator of Forests will, within five (5 ) days of receipt of t he application and report, forward the same with his comments to the PCCF who shall refer the same to the SLC for its considera tion and decis ion. (v) The SLC, while exercising its power and functions under rule 6, may refuse issuance of the license or renewal of the license for reasons to be recor ded in writing, and inform the applicant accordingly. (vi) The SLC shall convey its decision on the applica tions for setting up of wood based industries or for r enewal of license or for enhancement of existing licensed capacity to the PCCF, the Conservator of Forests and the authorized officers concerned for necessary follow up act ion. - 4 - Ex-656/2019(vii) The SLC may, however, delegate the power of r enewal of license to the authorized officer concerned.” 9 . Amendment of Rule 10 : Rule10 of the Pr incipal Rules shall be substituted with the following, namely:- “ 10. Registr ation and a llotment of la nd within the Industrial Estate: On receipt of the approval of the State Level C ommittee for establishment of wood based industry, the applicant shall obtain allotment of land within the Industrial Estate from the competent authority (in case the appr oval is for setting up of wood based industry within industr ial esta te), and the applicant shall register the wood based industry with the competent authority.” 1 0 . Amendment of Rule 11: Rule11 of the principal Rules shall be substituted with the following, namely:- “11. Grant or Renewal of License: After obtaining approval of State Level C ommittee and allotment of land in the industrial esta te, as t he case may be, and registration as r equired under r ule 10, the app licant sha ll pa y a n annual license fee or renewal fee, as required under rule 16 to the authorized officer, and thereafter, the authorized officer shall grant license in Form-II. The license gr anted shall remain valid for a period upto which the annual fee is pa id by the licensee. The license in For m-II shall be granted subject to following conditions: (i) The wood ba sed industrial unit shall be subject to inspection at any time by any For est Officer not below the rank of a Forester. (ii) The wood ba sed industry is registered with Depa rtment of Commerce & Industr ies. (iii) Every wood based industrial unit shall keep and mainta in registers, documents and accounts in the for m as requir ed under these ru les. (iv) The location/name/ownership of the wood based industr ial unit mentioned in the license shall not be shifted/changed/tra nsferred without the prior approval of the SLC. (v) The industr ial unit licensed for a particular category shall not be conver ted into any other category nor its ca pacity enhanced or any new machinery other than those mentioned in the license shall not be insta lled without obtaining a fresh license with a pproval of the SLC. (vi) The industr ial unit shall not accept any timber without a va lid tra nsit pa ss and the licensee shall be r esponsible for any timber stacked or lying within the industry premises. (vii) No secondar y wood based industry shall receive, purcha se, sell, stock or pr ocess r ound timber other than those exempted agr o-for est ry species or pr ocu re sa wn timber other tha n those converted by the licensed wood based industry or those imported from other Sta tes/cou ntry through legal means only. (viii) All the timber in the industrial unit sha ll be pr operly stacked for facilitating stock taking and inspection. (ix) The licensee shall submit application for renewal of the license with abstract of timber accounts within three months prior to expir y of the existing license. (x) The wood ba sed industry shall follow all environmental and ot her regulations prescr ibed by the Mizoram Pollution Control Board and the Government as applicable to these industries under Environment (Protection) Act, 1986 and other Central/State Acts.” 11. Amendment of Rule 16 :Sub-rule (i) of rule 16 of the Principal Rules shall be substituted with the following: “(i) The following fees shall be paid by each Scheduled Tribe applicant for the grant or renewal of license:- - 5 -Ex-656/2019Sl. Category of Wood Ba sed Indu stry Annual License fee/Renewal fee for WBI with approved capacity no upto 500 cu.m (Rs) of 501-1000 cu.m (Rs) above 1000 cu.m (Rs) 1 Primary Wood Based Industries 5000 10000 20000 2 Secondary Wood Based Industries 1500 2500 3500 Explanation: For non-tribal applicant, the rates will be double the above.” 12 . Amendment of Rule 17 :Rule 17 of the Pr incipal Rules shall be substituted with the following: “17. Utilization of fee: All receipt towa rds application fee, license fee, renewa l fee, la te fee and fine/pena lty sha ll be utilised for conservation and development of the forests as per guidelines to be fr amed by the Government, and exp enditur e sanction for the same shall be accor ded with prior approva l of the State Finance Department”. 13 . Amendment of Rule 18 :Rule 18 of the Pr incipal Rules shall be substituted with the following: “18. Maintenance of Records: Each licensed wood based industrial unit shall maintain and regularly update registers/records/ accounts in Form – III(a), III(b), III(c) & IV appended to these rules and/or as may be prescribed by the PCCF”. Ajai Saxena, Principal S ecretar y to the Govt. of Mizoram, Environment, Forest & Climate Change Department. - 6 - Ex-656/2019 FORM – I [See Rule 9(1)] Application for Setting up/Renewal/Upgrading of Wood Based Industry 1.Applicant:- (i)Name: (ii) Father ’s name: (iii) Address: 2.The Industria l unit (proposed/existing):- (i)Name of the industry: (ii) Location/Addr ess with name : of Street/Village/Town/City: (iii) Extent of land (Bigha /Ha): (iv) Land Pass/Allotment/Plot No. : (v) Name/location of Industria l Estate/Municipal Area/District Hqrs/Other area(For Primary WBI only) : 3.Type/category of the unit: (Pl also indicate whether Primary or Secondary WBI) 4.Raw materia l to be used with source: (whether round wood or sa wn timber) : 5.Deta ils of machinery installed/to be installed:- Sl. Name/type of machineriesSize* or specification ofCapacityNumber of No. (wit h make/model/br and)machineries(in HP)machines 1Horizontal band saw 2Vertical band saw 3Circular saw 4Peeling machine 6Others (specify) *Pl indicate wheel diameter in case of ba nd saw and blade diameter in case of circular saw 6.Product (materials to be produced) : 8.Whether the unit is funct ioning or not. If yes, since when it was functioning: a) Registration No. : b) P revious License No. : c) Period of validity:From _________________ to _______________. 9.Period for which license is required: From ______________ to _______________.Photo - 7 -Ex-656/2019 10. Documents enclosed (Attested copies):- a)Aadhar Card / Voter ID. b)Registration Certificate of the Firm, Society, etc issued by Registrar, Firms & Societies (for Firm, Societies, etc). c)Registration Certificate of the unit issued by the competent authority, if any. d)Loca tion map of the unit showing t he premises, its approach and surrounding ar eas. e)Land pass/document showing ownership of the land/allotment of land. f)Previous license for WBI (For renewal of license). g)Statement showing the sour ce of supply of round/sawn timber, species a nd quantity. I undertake that I will abide by the ter ms and conditions stipulated in the Mizoram Wood Based Indu stries (Establishment & Regulation) Rules, 2017. Date: Place: Signa ture of the Applicant Phone No : ____________ GOVERNMENT OF MIZORAM ENVIRONMENT, FOREST & CLIMATE CHANGE DEPARTMENT FORM – II [See Rule 11 of the Mizoram Wood Ba sed Industries (Establishment & Regulation) Rules, 2017] LICENSE FOR ESTABLISHMENT/RENEWAL OF WOOD BASED INDUSTRY License No._________________Date : ______________ 1.Name of Licensee : 2.Addr ess of Licens ee : 3.Name of the WBI : 4.Category of the WBI : 5.Loca tion/postal address of the WBI : 6.Name/location of Industr ial Estate/ Municipality/Dist Hqrs/Other area : 8.Registration No.: 9.Deta ils of machinery and power sanctioned: Sn Name/type of machineriesSize/Specifications*Capacity (in HP)NumberPhoto of the Licensee - 8 - Ex-656/2019 *Pl indicate wheel diameter in case of ba nd saw and blade diameter in case of circular saw 10.SLC approval No. & date: 11.Type of for est produce (r aw material and product): to b e stored in the premises 12.Amount of a nnual fee paid with Receipt No: 13.Validity of License:From ______________ to ______________. Date: Place: Signature, name a nd designation of Issuing Authority with SealConditions: 1. The wood ba sed industrial unit s hall be subject to inspection at any time by any Forest Officer not below the r ank of a Forester. 2. The wood ba sed industry is registered with Depa rtment of Commerce & Industr ies. 3. Every wood based industrial unit shall keep and maintain registers, documents and accounts as required under these r ules. 4. The location/name/ownership of the wood based industr ial unit mentioned in the license shall not be shifted/cha nged/tra nsferred without the prior a pproval of the SLC. 5. The industr ial unit licensed for a particular category shall not be converted into any other category nor its capa city enhanced or any new machinery other tha n those mentioned in the license shall not be installed without obta ining a fresh license with approval of the SLC. 6. The industr ial unit shall not accept any timber without a valid transit pass and the licensee shall be resp onsible for any timber stacked or lying within the industr y premises. 7. No secondar y wood based industry shall receive, purchase, sell, stock or process round timber other than those exempted agro-forestry species or procure sawn timber other than those converted by the licensed wood based industr y or those imported fr om other States/countr y through legal means only. 8. All the timber in the industrial unit shall be properly stacked for facilitating stock taking and inspection. 9. The licensee shall submit application for renewal of the license with abstract of timber accounts within three months prior to expir y of the existing license. 10. The wood ba sed industry shall follow all environmental and other regulations prescribed by State Pollution Control Board and the Government as a pplicable to these industries under Environment (Protection) Act, 1986 and other Central/State Acts. I understand and undertake to abide by the above terms and conditions. Date: Place: Signature of License holder Phone No. ____________ - 9 -Ex-656/2019 - 10 - Ex-656/2019 FORM - IV Register showing Abstract of Forest Produce received, converted and disposed during the month of _____________ Name of WBI: Forest Division: Register opened on:Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C1001 Opening stock of unconverted forest produce/ round logs carried over from the previous month 2 Opening stock of converted forest produce/sawn sizes carried over from the previous month 3 Forest produce/round logs received during the month 4 Total quantity of forest produce/round logs in the premises during the month (1 + 3) 5 Forest produce/round logs used for sawing/ conversion during the month 6 Converted forest produce/sawn sizes obtained/ produced during the month 7 Total quantity of converted forest produce/Sawn sizes in the premises during the month (2 + 6) 8 Converted forest produce/sawn sizes disposed/ dispatched during the month 9 Balance of unconverted forest produce/round logs lying in the premises at the end of the month 10 Balance of converted forest produce/sawn sizes lying un-disposed in the premises at the end of the month Sl. no.ParticularsName/kind of forest produceSpeciesSize/ dimension (if applicable)No of piecesVolume (Cu.m)Remarks

The Mizoram State Food Commission (Procedure for Appointment of Chairperson, Members and Staff and the Conditions of Service) Rules, 2019

VOL - XLVIIIISSUE - 657Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.B.12012/1/2016-FCS&CA, the 10th October, 2019.In pursuance to decision of Council of Ministers vide letter N0.J.11011/1/2019-POL/Vol-IV dt.3.10.2019 and in exercise of the powers conferred by sub-section (2) of section 40 read with sub-section (5) of section 16 of the Na tional Food Security Act, 2013 and as required under sub-section (1) of section 40 of the National Food Securit y Act, 2013, ha ving invited objections or suggestions on the proposals contained in the Draft Notification published in the Mizoram Gazette Extraordinary, Issue No. 489 vide No.B.12012/1/2016-FCS&CA dated 16th July, 2019 and with expiry of 30 (thirty) days from the date of publication, the Governor of Mizoram hereby notifies the Mizoram State Food Commission (Procedure for Appointment of Chairperson, Members and Staff and the Condit ions of Service) Rules, 2019. 1 . Short title, extent and commencement.- (1) These rules may be called the Mizoram State Food Commission (Procedure for Appoint ment of Chairperson, Members and Staff a nd the Conditions of Service) Rules, 2019. (2) They shall come into force from the date of publication in the Official Gazette. (3) They shall extend to the whole of Mizoram. 2 . Definitions.- (1) In t hese r ules, unless the context other wis e requir es,- (a ) “Act ” means the Na tional Food S ecurity Act, 2013. (b) “Sta te Food Commission” means the Mizora m State Food Commission as notified vide Notification No.B.12012/1/2016-FCS&CA dt.3.10.2018. (c ) “Government” means Government of Mizoram. (d) “Cha irperson” means the Chairperson of t he State Food Commission. ( e) “Member” means the member of the State Food Commission. (f) “section” means section of the Act. (2) Words and expressions used in these rules but not defined, shall have the same meaning as respectively assigned to them in the Act. 3 . Method of appointment of Chairperson, other Members and Member Secretary of the Mizoram State Food Commission.- (1) Every appointment under Sub-Section (2) of Section-16 of the Act shall be made by the State Government on the recommendation of a Selection Committee consisting of the following member s, namely:- VOL - XLVIII Aizawl, Tuesday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 657 - 2 - Ex-657/2019 Sl.No. NameDesignation 1.Chief Secretary – Government of Mizoram.Chairman 2.Secr etary, Department of Personnel & Administrative Refor ms –Member Government of Mizoram. 3.Secretary, Law & Judicial Department – Government of Mizoram.Member 4.Secr etary, Food, C ivil Supplies & Consumer Affairs Department –Member Secretary Government of Mizoram. (2) The Selection Committee shall select and recommend a panel of names, within such period as may be fixed by the State Government, to the State Government, for appointment of the Chairperson, other Members and Member Secreta ry of the State Food Commission; (3) While selecting the names of the Chairperson, other Members a nd Member Secr etary of the S tate Food Commission, due regard shall be given to t he provisions of Section 16 of the Act. 4 . Terms a nd Condit ions of appoint ment of Chairperson and other Members of the Sta te Food Commission.- (1) The Chairperson and every other member shall hold office for a term not exceeding 5 (five) year s from the date on which he enters upon his office unless removed earlier and shall be eligible for re-appointment, provided that no person shall hold office as the Cha irperson or other member after he has a ttained the age of 65 (sixty-five) years; (2) Subject to sub rule (1), a person who held the office of the Chairperson or other Member shall be eligible for re-appointment, but a re-appointed Chair person or other Member shall hold office for a period not exceeding one year from the date of his re-a ppointment; (3) The Chairperson or any other Member may, by writing under his hand addressed to the Government, resign from the office of the Chairperson or the Member, as the case may be, at any time; (4) An officer, who has been selected for appointment as Member-Secretary shall hold such office on deputation. 5 . Salaries and Allowances of Chairperson, Member and Member Secretary of the State Commission.- (1) The Chairperson shall receive an honorarium of Rs. 30,000.00 (Rupees thirty thousand) (fixed) per month; (2) The members shall be paid an honorarium of Rs. 20,000.00 (Rupees twenty thousand) per month subject to revision b y the S tate Government from time to t ime; 6 . Powers of the State Food Commission.- The State Food Commission shall have the following powers, namely:- (1) The State Food Commission shall, while inquiring into any matter referred to in cla use (b) and (e) of sub-section (6) of section 16, of the National Food Security Act, have all the powers of Civil Court while trying a suit under the Code of Civil Procedure, 1908, and, in particular, in resp ect of the following matters, namely: (a ) Summoning a nd enforcing the attendance of any person a nd examining him on oath; (b) discovery a nd production of any document; (c ) requisitioning any public record or copy thereof from a ny court or office; (d) issuing commissions for the examination of wit ness or documents. (2) The State Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the sa me and the Magistrate to whom any such case is forwarded shall - 3 -Ex-657/2019 proceed to hear the compla int against the accused as if the case has been forwarded to him under Section-346 of the Code of Criminal Procedure, 1973; (3) Inspect or cause to be inspected, the non-complia nce of policy decisions of the Government relating t o the Act; (4) Orga nize regional camps for building awareness about benefits and entitlements under the Act and define measures for redressal of gr ieva nce; (5) Lay down procedure for day-to-day functioning. 7 . Pr ocedure of meetings.- (1) The State Food Commission shall meet once in ever y month in its office at such time as the Chairperson thinks fit; (2) The quorum for the meeting of the State F ood Commission shall b e 4 (four); (3) The Member Secretary, along with such officers as the Chairperson may direct, shall assist in holding the meeting of the State Food Commission; (4) The Member Secretar y shall, in consultation with the Chairperson, prepare the agenda for each meeting of the State Food Commission. 8 . Duties of the Member Secretary.- The Member Secretary shall, in addition to functions as provided in the Act and Rules and in accordance with the direction of the Chairperson, have the following dut ies, namely:- (1) Execute all decisions taken by the State Food Commission in exercise of its powers and functions as t he State Food Commission; (2) Exercise and discharge such powers and perform such duties as may be required for the proper administration of the affairs of the State Food Commission and its day to day management; (3) Convene the meetings of the State Food Commission in consultation with its Cha irperson and cause service of notices of the meetings to all concerned; (4) Prepare, in consultation with the Chair person, the agenda for each meeting of the State Food Commission and have notes prepared, which shall be self-contained; (5) Make availa ble records covering the agenda items to the State Food Commission for reference; (6) Ensure that the agenda papers are circulated to the members at least before three clear wor king days in adva nce of the meeting, except in cases when urgent attention is required; (7) Pr epar e the minutes of t he meetings of the State Food Commission a nd shall execute the decisions of the State Food Commission taken in the meeting and sha ll also ensure placing of the Action Taken Note of the decis ions of the State Food Commission before the State Food Commission in its subsequent meetings; (8) Ensure that the pr ocedure of the State Food Commission is followed by it in transaction of its business; (9) Take up all such ma tters with the Government for release of gr ants; creation of posts, revision of pay scales, procurement of vehicles, appointment of staff, laying of annual and audit report in Assembly, re-appropriation of funds, residential accommodation and any other matter requiring the approva l of the State Government; (10) Exercise such financial powers as may be delegated to him by the Chair person on behalf of the S tate Food Commission; (11) Shall be the appointing and disciplinary authority in r espect of officers and other employees of the State Food Commission. 9 . Procedure for hearing Appeal.- (1) Any citizen aggrieved by a decision of the District Grievance Redressal Officer (DGRO) may file a Memorandum of Appeal with the State Food Commission within thirty days of such decision; - 4 - Ex-657/2019 (2) When the Memorandum of Appeal is present ed after thirty days, such Memorandum of appeal shall be accompanied by an applica tion supported by an affidavit setting forth the fact on which the Appellant relies to sa tisfy the State Food Commission tha t he has sufficient cause for not presenting the appeal within the period of limitation; (3) Any memorandum of Appeal s o filed with the State Food Commission must be heard and disposed of within a period of sixty days from the filing of such appeals; (4) The Memorandum of Appeal shall be filed in triplicate and accompanied by a true copy of the orders of the Distr ict Grievance R edressa l Officer (DGRO) appealed aga inst and such other docu ments a s may be requir ed to support ground of objections mentioned in the Memora ndum of Appeal; (5) The Chairperson sha ll have power to constitute a Bench consisting of t wo or three members and declare any member, a s he deems fit, to pr eside over the Bench, where the Cha irperson is not the member of such Bench; provided that the Chairperson may constit ute or reconstitute Benches from time to time; (6) The decision of the Bench is to be made according to the opinion of the majority of the Bench. Provided tha t if the member of Bench cons isting of an even number differ in opinion on any point, they shall state the point or points on which they differ and make a refer ence to the Chairperson who sha ll either hear the case or refer the case to another Bench for decis ion; (7) While hearing the appeal, the Bench sha ll consider the grounds of appeal and shall decide the case accordingly; (8) Order of Sta te Food Commission on appeal shall be signed and da ted by the Members thereof hear ing the appeal and sha ll be communica ted to t he parties free of cha rge. 10 . F inancial powers of t he State Food Commission. - (1) The State Food Commission s hall be responsible for expenditure for the funds received by it for the pur pose of the implementation of the Act; (2) The Chairperson shall have all powers relating to financial transaction of the State Food Commission, except in cases which require prior a pproval of the Government; (3) The Chairperson shall, subject to such conditions and limitations, contr ol and supervision, have powers to delegate his financial powers to the Member-Secretary of the State Food Commission or to any officer of the said State Food Commission who shall be not below the ra nk of Group B. P rovided that no such powers shall be delegated in respect of incur ring expenditur e on items exceeding Rs. 25,000.00 (Rupees Twenty Five Thousand); (4) The Member-Secretar y shall have powers to execute all decisions taken by the Chairperson on his behalf relating to financial matters; (5) All financial powers of the State Food Commission shall be governed by delegation of financial powers, rules and circula rs, orders, instructions as may be issued by the Finance Department of t he Government from time to time, in this behalf. By Order etc., H.L. Rochungnunga, IAS, Commissioner & Secretary to Government of Mizoram, Food, Civil Supplies & Consumer Affairs Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Appointment of Director, Labour, Employment, Skill Dev. & Entrepreneurship Deptt as member of the Mizoram Building and Other Construction Workers Welfare Board

VOL - XLVIIIISSUE - 658Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.B.13017/4/2019-LESDE/15, the 11th October, 2019.In p artial modifica tion of this Department’s Notification of even No. dated 07.06.2017 and 20.06.2019,Director, Labour, Employment, Skill Dev. & Entrepreneurship Deptt. is hereby appointed as member of the Mizoram Building and Other Construction Workers Welfa re Boar d in lieu of Joint Dir ector, Labour, Employment, Skill Dev. & Entrepreneurship Deptt. The term of office of the Board will expire on08.06.2020.Sangdingliana, Secr etary to the Govt. of Mizoram, Labour, Employment, Skill Dev. & Entrepreneurship Dett. VOL - XLVIII Aizawl, Tuesday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 658Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Affidavit of Joseph Lalhlimpuia son of Vanlaltlana

VOL - XLVIIIISSUE - 659Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVIII Aizawl, Tuesday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 659Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50AFFIDAVITI the undersignedJoseph Lalhlimpuiason ofVanlaltlana now lately calledJoseph K. Lalhlimpuia, a present r esident of Chhinga Veng, Aizawl, Mizoram, do hereby solemnly affirm and declare as under :- 1.That I am a bonafide citizen of India belonging to Mizo tribe and a Christia n by fa ith. 2.That for and on behalf of myself and my wife and children and remitted issue wholly renounce/ relinguish and abandon the use of my former name ofJoseph K. Lalhlimpuia and so that I, my wife, childr en and remitter issue may her eafter be called, known and distinguished by the assumed name ofJoseph Lalhlimpuia. 3.That for the purpose of evidencing such my determination declare tha t I sha ll all times hereafter in all records, deeds and writing a nd in a ll proceedings, dealings and transaction, private as well and upon all occasions whatsoever use and sign the na me ofJoseph La lhlimpuiaas my name in place and in substitution for my former name/surname. 4.That the contents of this Affida vit are true and corr ect. IN WITNESS WHEREOF I have put my signature to this Affidavit on this the 12th day of September, 2019. Sd/- DEPONENT Identified by me:-Signed before me: Sd/-Sd/- R. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 84/9 Aizawl : MizoramAizawl, MizoramDt 12/9/19 8731846310

The Mizoram Ex-servicemen (Re-employment in Civil Posts) Rules, 2019

VOL - XLVIIIISSUE - 660Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVIII Aizawl, Tuesday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 660 NOTIFICATIONNo.A-12027/1/2016-P&AR (GSW), the 10th October, 2019.In ex ercis e of t he powers conferr ed by the proviso to article 309 of the Constitution, the Governor of M izoram is pleased to make the following rules for r egulating the method of recruitment of ex-servicemen in civil posts under the Government of Mizoram, namely: 1.Short Title and Commencement.- (1) These rules may be called the Mizoram Ex-servicemen (Re-employment in Civil Posts) Rules, 2019 (2) They shall come into force with effect from the date of publication in the Official Gazette. 2.Definitions.- In these r ules, u nless t he context ot her wise r equir es – (a ) “Armed Forces of the Union” means the naval, military and air forces of the Union; (b) “ex-serviceman” means a person (i)who has served in a ny rank whether as a combatant or as non-combatant in a regular Army, Navy or Air Force of the India n Union, and a.who either has been retir ed or r elieved or discharged from such service whether at his own r equest or being relieved by the employer aft er earning his pension; or b.who ha s been relieved fr om s u ch s er vice on medica l gr ou nds a t t rib u t a ble t o milita r y service or circumstances beyond his control and awarded medical or other disability pension; or c.who has been released from such service as a result of r eduction in establishment; (ii) who has been released from such service after completing the specific period of engagement, otherwise tha n at his own r equest, or by way of dismissa l, or discharge on account of misconduct or inefficiency and has been given a gratuity; and includes personnel of the Terr itoria l Army, namely, pension holders for cont inuous embodied service or broken spells of qualifying service; or (iii) personnel of Army P ostal S ervice who are part of Regular Army a nd retired from the Ar my P os t a l S er vice wit hou t r ever s ion to t heir p a r ent s er vice wit h p ens ion, or ar e r elea s ed fr om the Army P osta l S ervice on medica l gr ounds attr ibutable to or a ggr avated by military service or circumstances beyond their control and awarded medical or other disability pension; or (iv) Gallantry Award winners of the Armed Forces including personnel of Territorial Army; or (v) Ex-r ecruits boarded out or relieved on medical ground and granted medica l disability pension - 2 - Ex-660/2019 (c ) “Para-military For ces” mea ns the Bor der Security For ce, Central R eserve Police For ce, Central Industrial Secur ity Force, Indo Tibetan Border P olice, Secretariat S ecurity For ce, Assam Rifles and Railway Protection Force; (d) “res erved vacancies” means va cancies reserved u nder ru le 4 for being filled by ex-servicemen; 3.Application.- These rules shall apply to all the Group ‘B’ (Non-Gazetted), Group ‘C’ and Group ‘D’ posts under the Government of Mizoram. 4.Reserva tion of Va ca ncies.- 1)Five per cent of the vacancies in each of the categories of Group ‘B’ (Non-Gazetted), Group ‘C’ a nd Group ‘D’ posts falling within the direct recruit ment quota in any year sha ll be reserved for being filled by ex-servicemen; 2)No vacancy reserved for ex-servicemen shall be filled by an appointing authority by any general candidate, until and unless the said author ity: (i)has obtained a “Non-Availability Certifica te” from the employment excha nge (where a requisition is pla ced on an employment exchange); (ii) has verified the non-availability of a suitable candidate by reference to the Director of Sainik Welfa re & Resettlement and recor ded a cert ificate to tha t effect; and (iii) has obtained approval of t he Government of Mizoram. 3)If the appointing authority is satisfied about the non-availability of eligible candidates by following the procedure at sub-rule (2) of this rule, then, such reserved vacancy shall be de-reserved by the appointing authority. Explanation: For the purpose of calculation of the quota r eserved for ex-servicemen under sub-rule (1) of rule 4, it is clarified that the reserved quota shall be calculated from the total availa ble vaca ncies within the direct recruitment quota for tha t particular category of post/gr ade as per the relevant recr uitment rules in a Department. 5.Special Provision regarding Age Limit.- For appointment to any reserved posts in Group ‘B’ (Non-Gazetted), Group ‘C’ and Group ‘D’ posts under the Government of Mizoram, an ex-servicemen who has put in not less than six months continuous service in the Ar med For ces of the Union shall be allowed to deduct the period of s uch military service from his actual age and if the resulta nt age does not exceed the maximum age limit prescribed for the post or service for which he seeks appoint ment by more than three years, he shall be deemed to satisfy the condition r egarding age limit. 6.Special Provision regarding Educational Qualifications.- (1) For appointment to any reserved posts in Group ‘D ’, ever y ex-serviceman who ha s put in not less than three years service in the Ar med For ces of the Indian Union shall be exempted from the educational qua lification, if any, pr escribed in the recruit ment rules for such posts. (2) For appointment to any reserved posts in Group ‘B’ (Non-Gazetted) and Group ‘C ’ posts, ex- servicemen who have put in at least thr ee year s service in t he Armed Forces of the Union and who obtained Computer proficiency related Diploma/Certificate fr om the Armed F orces during their service or who obtained any Diploma/Certificate fr om the Armed Forces with Computer proficiency related course as one of the subject in such courses shall be deemed to satisfy the qualification perta ining t o Computer proficiency as mandated under the Mizoram Group ‘A’, ‘B’ & ‘C’ P osts Service/Recruitment (Amendment) Rules, 2016, which ca me into force with effect from 01.04.2017 (3) For appoint ment to any reserved post in Group ‘B’ (Non-Gazetted) and Group ‘C’ posts, a ma triculate ex-servicemen (which includes an ex-servicema n who has obtained the Indian - 3 -Ex-660/2019 Army Specia l Certificate of Educa tion or the corresponding certifica tes in the Navy or the Air Force), who has put in not less than 15 years of service in the Armed Forces of the Union may be consider ed eligible for appointment to posts for which the essentia l qualification prescr ibed is Degree from a r ecognis ed University and where: a)Work experience of technical or professional nature is not essential; or b)Though non-technica l professional work exp erience is prescribed a s essential and yet the appoint ing authority is satisfied that the ex-servicemen is expected to perform the duties of the post by undergoing on the job training for a shor t duration. (4) F or a ppointment to a ny r eserved posts in Gr oup ‘C ’ where t he pres cr ibed educa tiona l qualification is Higher Secondary School Leaving Certificate, a n ex-servicemen who ha s passed the Indian Army Class-I Examination or equivalent examination in the Navy or the Air Force and who has put in not less than 15 years of service in the Armed Forces of the Union may be considered eligible for appointment to the posts. 7.Amendment of Recr uitment R ules.- All recruitment rules regulating the method of recruitment to Group ‘B’ (Non-G azetted), Group ‘C’ a nd Group ‘D’ posts and services under the Government of Mizoram sha ll be subject to the provisions of these rules and shall be construed a ccordingly. 8.Interpretation.- If any question arises as to the interpretation of these rules, the same shall be referred to the Government whose decision thereon shall be final. By order and in the name of the Governor, Lalrinsanga, Joint Secretary to the Government of Mizoram, Depa rtment of Personnel & Administrative Reforms.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100

The Mizoram Public Service Commission (Conditions of Service) Regulations, 2019

VOL - XLVIIIISSUE - 661Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVIII Aizawl, Tuesday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 661 NOTIFICATIONNo. A-12017/2/2003-P&AR (GSW) Aizawl, the 10th October, 2019. In exercise of the powers conferred by article 318 of the Constitution and in supersession of the Mizoram Public Service Commission (Conditions of Service) Regulations, 1994 except as resp ects thing done or omit ted to be done before such supersession, the Governor of Mizoram is pleased to make the following regulations to regulate the conditions of s ervice of the Chairman/Members and staff of the Mizoram P ublic S ervice Commission, namely: PART I PRELIMINARY 1.Short title, (1) These regula tions may be ca lled the Mizora m Public Service Commission extent and (Conditions of Service) Regulations, 2019 commencement (2) They shall be deemed to come into force with effect from 1st September, 2018 2. Definitions In t hese regulations, unless the context otherwise requires, ( a ) “Chairman” means the Chairman of the Mizoram Public Service Commission ; (b) “Commission” means the Mizoram Public S ervice Commission; (c ) “Constitution” means the Constitution of India; (d) “Governor” means the Governor of Mizoram, and ( e) “Member” means a member of the Mizoram Public Service Commission. PART II COMPOSITION, PAY AND TENURE 3. Composition The Commission shall consist of a Chairman and such other Members not exceeding t hree, a s may be determined by the Governor from time to t ime. 4. Tenure (1) The Chair man or the Member of the Commission shall hold office for a term of s ix years from the date on which he assumes office or until he atta ins the age of 62 yea rs, whichever is earlier; Provided that the Chairman or the Member of the Commission may, by writ ing under his hand, addressed to the Governor, resign his office; - 2 - Ex-661/2019 Pr ovided fur ther that the Chairma n or the Member of the Commission may be removed or suspended from office earlier in the manner provided in a rticle 317 of the Constitution. (2) A Chairman or a Member, sha ll, before he enters upon his office, make and subscribe before the Governor of Mizoram or some other person appointed by him in that behalf, an oath according to the form set out for the purpose as per the Schedule appended to these regulations (3) The Chairma n or the Member who, on the date of his appointment as s uch, was in the service of the Government of India or any Sta te or a local body, or any other body wholly or substantially owned or controlled by the Government, be deemed to have retir ed from such service from the date of a ppointment as Chairman or Member. 5.Salaries and (1) There shall be paid to the Chairman a fixed salary of Rupees 2,25,000 per allowances of month and to each Member a fixed salary of Rupees 2,04,000 per month Cha irman and respectively and such other allowances, at such rates as admissible to Members Government servants under the Government of Mizoram from time to time. (2) The Chairma n or the Member who at the time of his appointment as such, was in the service of or has retired from the service of the Government of India or of any St ate or of a local body, or of any ot her body wholly or substantially owned or controlled by the Government, may opt for dra wing pay in the scale which he was drawing on the date of his retirement in lieu of the scale or pa y prescribed a s above for the Chair man or the Member. Option once exercised shall be final: Provided that the option of drawing of pay exercised by the Chairma n or the Member in lieu of the scale of pay prescribed for t he Chairman or the Member shall remain valid only till the period of six years from the date on which he enters upon his office or till he attains the age of 62 years, whichever is earlier. (3) If the Chair man or the Member, at the time of his appointment is in receipt of a pension, has received or ha s become entitled to receive any pension and other r etirement benefits in respect of any previous service under the Government of India or a St ate Government, a local body, or any other local body wholly or substantially owned or controlled by the State Government or as Ex-Member of Parliament or Ex-Member of Legisla tive Assembly, his pay in resp ect of the service in the Commission shall be reduced: a)by the amount of tha t pension during the service under the Commission. b)if he had, before assuming office, received, in lieu of a por tion of the pension due to him in respect of s uch previous service, the commuted value thereof, by t he amount of that portion of the pension. EXPLANATION: For the purpose of this regulation, i)service under any State Public S ervice Commission shall be considered as service under the Government; ii)the term “a ny other local body wholly or substantially owned or controlled by the State Gover nment” shall include a Government Company as defined - 3 -Ex-661/2019 in t he Companies Act, 1956, a nd any other statutory body, whether incor pora ted or not, in which the Central Government or a ny Sta te Government or both, has a controlling interest in the sha re or other capital thereof, or has dir ectly t hrough its nominees substantial contr ol over its working 6.Leave (1) The Chairman or Member, if any, may be gra nted Ear ned Leave, Half Pay admissible Leave, Commuted Leave on Medical Ground and Extra Ordinary Leave. (2) The admissibility of leave as specified in sub-regulation (1) above shall be regulated as per the provisions of the Central Civil Service (L eave) Rules, 1972 as applicable to the employees under the Government of Mizoram. 7. Power of The power to grant or refuse lea ve to t he Chairman or Member of the Commission Governor to gr ant and to revoke or cur tail the leave granted to him shall vest in t he Gover nor. or refuse Leave. 8. Leave (1) The Chairma n or Member shall be paid ca sh equivalent of leave salar y in encashment r espect of earned lea ve for his service in t he Commis sion a t his credit a t the time of his ceasing to hold such office as a Chairman or a Member respectively Provided that if the Member is further appointed as Chairman, the leave at the credit of the Member, shall be carried forward and can be availed of during his tenure as the Chairman subject to the pr ovision of regulation 6 of these r egulations. (2) The payment of cash equivalent of leave salary under sub-regulation (1) shall not exceed the amount of cash equivalent of leave salary for 300 days of earned lea ve. (3) The cash equivalent of leave salary admissible under sub-regulation (2) shall be pa yable to a Cha irman/Member at the time of his ceasing to hold his office and shall be paid in one lumpsum as a one time settlement PART – IV PENSION AND RETIREMENT BENEFITS 9. Pension (1) The Chairman or the Member of the Commission who, at the date of his appointment as such, was in the service of the Government of India or any State Government, s hall, within a period of six months from the date of his appointment, be permitted to elect to dra w his pension a nd other retirement benefits admissible to him under the pension rules applicable in his previous service OR elect to count his service in the Commission as qualifying service for the purpose of pension under the pension rules applicable in his previous service, as the case may be. Provided that if the Chair man or Member has opted to count his service in the Commission as qualifying service for the purpose of pension under the pension rules applicable in his previous service, his pension will be calculated based on the last pay drawn by him as the Chairman or Member of the Commission, as the case may be. (2) Subject to the provisions of these regulations, a Chair man or Member who, before appointment to the Commission was not in the service of the Government of India or of a ny State or of a local body, or of any other body wholly or substantially owned or controlled by the Government, shall, on ceasing to hold office, be paid a pension at the rate of 1/40th of the last pay drawn per month for each year of qualifying service as Chairman or Member subject to minimum nine months qu alifying service. The duration of service of a person as a Cha ir ma n or Member sha ll be computed in terms of completed years but if the service rendered is six months or more, an additional benefit of half year ’s pension shall be allowed (3) No pension under these regulations shall be payable to a Cha irman or Member a)unless he has completed his term of office; or b)unless he ha s attained the age of sixty two years; or c)if he has been removed from office of the Commission. (4) Pension under these regulations shall be payable to the Chairman or Member for life (5) The Chief Controller of Accounts, Accounts & Treasuries shall be deemed to have been author ised to settle payment of pension and other retirement benefits in respect of officers and sta ff of the Commission with effect from the 5th January, 1995. PART – V GENERAL PROVIDENT FUND 10.Provident The Chairman or a Member shall be eligible to contribute to Gener al Provident Fund Fund under normal rules a t his r equest, provided that the Chairman or a Member is expected to serve in the Commission for a period exceeding one year. PART-VI TRAVELLING ALLOWANCES AND OTHER FACILITIES 11. Tra velling (1) The Chairma n or the Member who, at the date of his a ppointment, was in Allowances the service of the Government of India or of a State Government or of a local body or any other body wholly or substantially owned or controlled by the State Government shall for his journey to join his a ppointment as such, draw travelling allowances as on transfer as per rules applicable to him in his previou s service. (2) The Chairma n or the Member who, at the date of his fir st appointment, is not in the service of the Government of India or any State Government, or of a local body or any other body wholly or substantially owned or controlled by the State Gover nment shall be entitled to tr avelling allowances a s on tr ansfer as a dmissible to officer of t he Government of M izor am of his equivalent grade fr om the station of his normal s tay. (3) The Chairma n or the Member, while travelling on duty or on tour, shall be entitled to travelling and daily allowances at the rate admissible to officer of t he Gover nment of Mizora m of his equivalent gr ade. (4) The Chairma n or the Member shall, on vacating his office, be entitled to tra velling allowances as on transfer as admissible to officers of the Government of Mizor am of his equiva lent gr ade from the st ation of his duty to the station of his normal stay/home town:- 4 - Ex-661/2019 Provided that no such travelling allowances shall be admissible to the Chairman or the member if he has been removed from office. (5) The Chair man or the Member, who ha s completed one yea r of service with the Commission, shall be eligible for Leave Tra vel Concession for himself and his family to home town or anywhere in India as per Leave Travel Concession orders on the subject as applicable to the Government servant under the Government of Mizoram. EXPLANATION: The salary of the Chairman and the Member as specified in regulation 5 shall be treated as pay for the purpose of entitlement of Travelling Allowance and Daily Allowance of the Chairman or the Member under sub-r egulations (2), (3) and (4) of this regulation. 12.House Rent (1) The Chairman and Member shall be entitled to Government accommodation Allowance or of the same category and under t he same terms and conditions applicable Government to the Chief Secretary and Principal Secretary to the Government of Mizoram Accommodation respectively. (2) When a Chairman/Member does not want to avail Government accommoda tion, he shall be entitled to house rent allowa nce at t he rate and under the same terms and conditions determined by the Government for officers of equivalent gr ade. 13. Motor Car An a dvance for the purchase of Motor car to a Chairman or a Member will be Advance regulated by the appropriate rules for the time being in force applicable to state Government servants drawing comparable pay. PART – VII STAFF OF THE COMMISSION AND CONDITIONS OF SERVICE 14. Staff of (1) The staff of the Commission shall include a Secretary, Controller of Examination, Commission Joint Secretary, Deputy Secretar y, Under Secretary, Deputy Controller of and App ointing Examination, Assistant Controller of Examination, Superintendent and such Authority other Gazetted or Non-Gazetted staff as the Commission may, from time to time, determine in consultation with the State Government. (2) The Secretary, Controller of Examination, Joint Secretary, Deputy Secretary, Under Secretary, Deputy C ontroller of Examination, Assistant Controller of Examination, Superintendent and other Gazetted staff shall be appointed by the Commission. If and when the Gazetted or Non-gazetted S taff of the Commission is to be appoint ed on deputation or by absorption from the service under the S tate Government or a ny ot her service, the S ta te Government or other appropr iate authorities shall be duly consulted. (3) The Non-gazetted staff including Group ‘D’ staff shall be appointed by the Secretary with the approval of the Cha irman and shall receive such emoluments a s admissible to the Government servants of corresponding gra de in the Government of Mizoram, or as may be determined by the Commission in consultation with the State Government.- 5 -Ex-661/2019 15.Disciplinary and (1) The Chairma n, in ca se of Gazetted staff and the Secreta ry, in case of the appellate authority non-gazetted staff including Group ‘D’ employees, shall be the authority who may impose any of the penalties prescribed in the Central Civil Service (Classifi c a tion, Control and Appeal) Rules, 1965 as adopted by the Government of Mizoram. (2) The Governor, in respect of the Ga zetted staff and the Chairman, in respect of the non-gazetted staff including the Group ‘D’ shall be appellate authority. 16. Age of (1) The age of retirement of the Gazetted and Non-Gazetted staff of the Commission r et ir ement sha ll be the same as the age of r etir ement prescribed f rom time to time by the Government of Mizoram for similar classes of Government serva nts. (2) Extension of service or r e-employment of the Gazetted and Non-Gazetted staff of the Commission, if any, shall be done by the Appointing Authority only after due consultation with the Government. 17. Residuary In respect of any matter for which provision is not made by these regulations, matters the conditions of service of a person serving as a Chairman or a Member of the Commission or its staff sha ll be governed by rules and or ders for the time being applicable to such classes of Government servants under the Government of Mizoram. PART – VIII MISCELLANEOUS PROVISION 18. Interpretations If any doubt arises about the interpretation of any of these regulations, the interpretations of the Governor shall be final 19. Power to relax Wher e the Governor is satisfied that the opera tion of these regulations ca uses undue hardship in any particular case, he may, by order, for reasons to be recorded in writing, dispense with or relax the requirements of the regula tion to such extent and subject to such exceptions a nd conditions as he may cons ider necessary for dealing with the ca se in a just and equitable manner. 20. Savings Nothing contained in these regulations sha ll have effect so as to give to a Chairman or a Member appointed before the commencement of these regulations less favourable terms in respect of his pay or allowances or any other entitlements than those to which he would have been entitled if these regulations had not been ma de Explanatory Thes e regula tions being given retrospective effect from the 1st September, 2018 Note will not in any wa y adversely affect the interest of any person By order and in the name of the Governor Lalnunmawia Chuaungo, Chief Secretary to the Govt. of Mizoram. - 6 - Ex-661/2019 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100SCHEDULE (see regulation 4(2)) FORM OF OATH OF ALLEGIANCE I, __________________________________________, having been appointed as Chairman/Member of the Mizoram Public Service C ommission, do swear in the na me of God/solemnly affirm that I will bear true faith and allegiance to the Constit ution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will ca rry out the dut ies of my office loyally, honestly and with impartiality. Da te:(Signature of Chair man/Member) FORM OF OATH OF OFFICE I, _________________________________________, having been appointed as Chairman/Member of the Mizoram Public Service C ommission, do swear in the na me of God/solemnly affir m that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgement Date:(Signature of Chair man/Member) FORM OF OATH OF SECRECY I, _________________________________________, having been appointed as Chairman/Member of the Mizoram Public Service C ommission, do swear in the na me of God/solemnly affirm that I will not dir ectly communica te or r eveal to any person or persons any matter which shall be brought under my considera tion or shall become known to me except as may be required for due discharge of my duties as such Chairman/Member or as may be specially permitted by the Governor. Date:(Signature of Chair man/Member) - 7 -Ex-661/2019

The Mizoram Subordinate Services Selection Board (Recruitment and Conditions of Service) Rules, 2019

VOL - XLVIIIISSUE - 662Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVIII Aizawl, Tuesday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 662 NOTIFICATIONNo.A-12018/22/2019-P&AR(GSW), the 10th October, 2019.In exercise of the powers conferred 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 and conditions of service of the Cha irman, Member and Staff of the Mizoram Subordinate Services Selection Boar d, namely:- 1 . Short tit le and(1) T hese r ules ma y be called t he Mizora m Subor dina te Ser vices S election commencement.-Boar d (Recr uitment and Conditions of Service) Rules, 2019 (2) They shall come int o force from the date of their publica tion in the Official Gazette 2 . Definitions.-In t hese r ules, unless the context other wis e requir es:- (a ) “Boa rd” means the Mizoram Subordinate Services Selection Board; (b) “Chairman” means the Chairman of the Board and includes an acting Chairman appointed by the Government; (c ) “Government” means the Government of Mizoram; (d) “Member” mea ns a member of the Boar d and includes the Chairman ther eof; (e) “State” means the State of Mizoram. 3 . Composition(1) The Boa rd shall consist of a Chairman and one Member or as determined of the Board.-by the Government from time to t ime. (2) If the office of the Chairman of the Boa rd becomes vacant or if a Chairman is by reason of a bsence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed as Chairman to the vacant office has entered office thereof or, as the c ase may be, unt il the C ha irman ha s res umed his duties , be performed by a Member of the Board as the Government may appoint for the purpose. 4 . Mode of appointment(1) An advertisement shall be published inviting applications from persons of Chairman andof high standing, intellect ual ability and reputation possessing Member.-a)at least 20 years of experience in dealing with administrative, service, establishment, vigilance and financial matters for appointment to the post of Chair man; - 2 - Ex-662/2019 b)at least 15 years of experience in dealing with administrative, service, establishment, vigilance and financial matters for appointment to the post of Member; (2) A Search-cu m-Selection Committee with the following composition shall recommend a panel of three suitable candida tes for the pos t of Chair man and Member r espectively: Chairman: Chief Secretary Member: Secretary, DP&AR Member: Secretary, GAD Member: Senior most IAS Officer in Mizoram segment (3) The panel recommended by the Committee may consist of persons from amongst those who have applied in r esponse to the a dvertisement ment ioned in sub-rule (1 ) above a long wit h ot her eligible persons whom the Committee may consider suitable (4) The State Government shall appoint anyone of the ca ndida tes recommended by the Search-cum-Selection Committee as the Cha irman/Member r espectively 5 . Ter m of offic e.-(1) The Chairman and a M ember of the Board sha ll hold office for a term of thr ee (3) years from the date on which he enters upon his office or until he attains the age of 65 years, whichever is earlier : Provided that- a)the Chairman and a Member of the Board may, by writing under his hand, a ddressed to the Gover nment, resign his office. b)a person who holds office as a Chairma n or Member of the Board shall on the expiration of his term of office, be ineligible for re-appointment to that office. c)a Member of the Board shall be eligible for appointment as Chairman of the Boa rd subject to t he tenure prescribed under sub- rule (1) but not for any other employment under the Government. (2) The Chairma n or a Member, who, on the date of his appointment to the Board, was in the service of the Centra l or any State Government, Corporation, University, a local body or any other body wholly or substantially owned or controlled by any State Government or Central Government, on his a ppointment to the Boar d shall be deemed to have retired from such service with effect from the da te he takes over as Chairman or Member of the Board. 6 . Removal of(1) T he Cha ir ma n or a Member of the Boa r d sha ll only b e r emoved from Chairman andhis office by an order of the State Government on the ground of Member ofproven misbehaviour after providing an opportunity of being heard the Boar d.-to the said Chairman/Member in t his behalf. (2) Notwithstanding anything contained in sub-r ule (1) above, the Government may by order remove from office the Chairman or a Member of the Boar d if the Chair man or such other Member, as the cas e may be- a)is a djudged an insolvent; or b)enga ges during his term of office in any paid employment outside the duties of his office; or - 3 -Ex-662/2019 c)is, in the opinion of the Government, unfit to continue in the office by reason of infirmity of mind or body. (3) If the Chair man or a Member of the Board is or becomes in any way concerned or interest ed in any cont ract or agreement made by or on behalf of the Government of India or the Government of a State or pa rticipa tes in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of a n incor porated company, he shall, for the purposes of sub-rule (1), be deemed to be guilt y of misbehavior. 7 . Salaries and(1 ) T her e s ha ll b e p a id t o t he C ha ir ma n a s a la r y equ iva lent t o a S ecr et a r y Allowances.-to the Government of Mizoram and the Member a salary equiva lent to a n Additional Secretary to the Government of Mizoram along with such other allowances, at such r ates as admissible to Government servants under the Government of Mizoram from time to t ime. (2) The Chairma n or the Member who at the time of his appointment as such, was in the service of or ha s retir ed from the service of the Government of India or of any Sta te or of a local body, or of any other body wholly or substantia lly owned or controlled by the Government, may opt for dra wing pa y in the scale which he was drawing on the date of his retirement in lieu of the scale of pay prescribed as above for the Chairman or the Member. Option once exercised shall be final: Provided that the option of drawing of pay exercised by the Chairman or the Member in lieu of the scale of pay prescribed for the Chairman or the Member shall remain valid only till the period of three years from the da te on which he enters upon his office or till he attains the age of 65 years, whichever is earlier. (3) If the Chairman or the Member, at the time of his appointment is in receipt of a pension, has r eceived or has become entitled to receive any pension and other retir ement b enefits in resp ect of any previous service under the Government of India or a Sta te Government or a Universit y, a loca l body, or any ot her local body wholly or substa ntia lly owned or controlled by the State Government or as Ex-Member of Parliament or Ex-Member of Legisla tive Assembly, his pay in respect of t he service in the Boar d shall be reduced: a)by the amount of that pension during the service under the Board. b)if he had, before assuming office, received, in lieu of a por tion of t he pension due to him in respect of such previous service, the commuted value thereof, by the amount of tha t portion of the pension. EXPLANATION: For the purpose of this rule, i)service under any similar Subordinate Services Selection Board shall be considered as service under the Government; ii)the term “Univer sity” sha ll include any institution for higher edu ca tion wholly or substa ntially fina nced b y t he Cent ra l Government or any State Government or both, and deemed to be a University under Section 3 of the University Grants Commission Act, 1956 iii) the term “any other local body wholly or substantially owned or contr olled by the S ta te Government” sha ll include a Government Company as defined in the Companies Act, 1956, and any other statutory body, whether incorporated or not, in which the Central Government or any State Government or both, has a controlling interest in the share or other capital thereof, or has directly through its nominees substantial control over its working 8 . Leave admiss ible.-(1) T he C hairma n or Member, if a ny, may be gra nted Ea r ned Leave, Half Pay Leave, Commuted Leave on Medical Ground and Extra Ordinary Lea ve. (2) The admissibility of leave as specified in sub-rule (1) above shall be regulated as per the provisions of the Central Civil Service (Leave) Rules, 1972 as applicable to the employees under the Government of Mizoram. (3) The power to grant or refuse leave to the Cha irman or Member of the Board a nd to r evoke or curta il the leave granted to him shall vest in t he State Government. (4) The Chairman or Member shall be pa id cash equivalent of leave sala ry in respect of earned leave for his service in the Board at his credit at the time of his ceasing to hold such office as a Chairma n or a Member respectively Provided that if the Member is fu rther a ppointed as Chairman, the lea ve a t the credit of t he Member, sha ll be carried forward and can be availed of during his tenure as the Chair ma n. (5) The payment of cash equivalent of leave salary under sub-rule (4) shall not exceed the amount of ca sh equivalent of leave salary for 300 days of earned leave. (6) The cash equivalent of leave salary admissible under sub-rule (5) shall be payable to a Chairman/Member at the time of his ceasing to hold his office and shall be paid in one lumpsum as a one time s et t lement 9 . Pension and(1) The Chairma n or the Member of the Boar d who, at the date of his retirement benefits.-appointment as such, was in the service of the Government of India or a ny State Government, shall, within a period of six months from the date of his appointment, be permit ted to elect to draw his pension and other r etirement benefits admissible to him under the pension rules applicable in his previous service OR elect to count his service in t he Board as qua lifying service for the purpose of pension u nder the pension rules applica ble in his previous service, as the case may be. Provided tha t if the Chairman or Member ha s opted to count his service in the Boar d as qua lifying service for the purpose of pension under the pension rules applicable in his previous service, his pension will be calculated based on the last pay drawn by him as the Chairman or M ember of the Boa rd, a s the case may be. (2) Subject to the provisions of these rules, a Chairman or Member who, before appointment to the Board was not in the service of the Government of India or of any Sta te or of a local body, or of any- 4 - Ex-662/2019 other body wholly or substantia lly owned or controlled by the Government, shall, on ceasing to hold office, be paid a pension at the rate of 1/40th of the last pay drawn per month for each year of qualifying service as Cha irman or Member subject to minimum nine months qualifying service. The dur ation of service of a person as a Chairman or Member shall be computed in terms of completed years but if the service rendered is six months or more, an additional benefit of half year ’s pension shall be allowed (3) No pension under these rules shall be payable to a Chairman or Member if he has been removed from office of the Board. (4) Pension under these rules shall be payable to the Chairman or Member for life (5) The Chief C ontroller of Accounts, Accou nts & Treasuries shall be authorised to settle payment of pension and other retirement benefits in respect of officers and staff of the Board. 10. Option toThe Cha ir man or a M ember s ha ll be eligible to contribute to General subscribe toProvident Fund under norma l rules at his request, provided that the Provident Fund.-Chairman or a Member is expected to serve in the Board for a period exceeding one year. Provided that a Member who on the date of his appoint ment was in the service of the Centra l or a S tate Government and who had been admitted to the benefits of any other Provident F und, ma y instead be allowed to continue to subscribe to that fund in accorda nce with the rules or rules applicable to that Fund, until he reaches the date on which he must compulsorily retire from service in accordance with the rules a pplica ble to him in his service. On that date, his accumulated balance in that Provident Fund, including the Government’s cont ribution, if a ny, sha ll, if the Member ha s exercised his option in favour of subscribing to t he Gener al Provident F und, be transferred to the said Fund. 11. Tra velling(1) The Chairma n or the Member who, at the date of his a ppointment, Allowance.-was in the service of the Government of India or of a State Government or of a loca l body or any other body wholly or substantia lly owned or controlled by the State Government shall for his journey to join his appointment as such, draw travelling allowances as on transfer as per rules applicable to him in his previous service. (2 ) T he Cha ir man or the M ember who, a t t he da t e of his fir st ap p ointment , is not in the service of the Government of India or any State Government, or of a loca l body or any other body wholly or substantially owned or controlled by the State Government shall be entitled to travelling allowances as on transfer as admissible to officer of the Government of Mizora m of his equivalent grade fr om the station of his normal stay. (3) The Chairma n or the Member, while travelling on duty or on tour, shall be entitled to travelling and daily allowances at the rate admissible to officer of the Government of Mizoram of his equiva lent gr ade.- 5 -Ex-662/2019 (4) The Chairman or the Member shall, on vacating his office, be entitled to travelling allowances as on tra nsfer a s admissible to officer s of the Government of Mizoram of his equivalent gra de from the sta tion of his duty to the station of his normal stay/home town: Provided that no such travelling allowances shall be admissible to the Chairman or the Member if he ha s been removed from office. 12. House Rent( 1 ) The Cha irman and Member shall be entitled to Government accommoda t ion Allowances.-of t he same category a nd under the same terms a nd conditions applicable to a Secretary and an Additional Secretary to the Government of Mizoram respectively. (2) When a Cha irman/Member does not want to avail Government accommodation, he shall be entitled to house rent allowance at the rate and under the same terms and conditions determined by the Government for officers of equiva lent gr ade. 13. Conditions ofIn respect of any matter for which provision is not made by these Service inrule, the conditions of service of a person serving as a Chairma n or residuary matters.-a Member of the Board or its staff shall be governed by rules and orders for the time being applica ble to such classes of Government servants under the Government of Mizoram. 14. Staff of the Board.-(1) The staff of the Board shall consist of a Secretar y cum Controller of Examination with such other Gazetted and Non-Gazetted staff as determined by the Government from time to time. (2) The method of recr uitment for all the Gazetted and Non-Gazetted staff of the Board shall be in accordance with the recruitment rules framed by the Government from time to time (3) The salary and allowances of the Gazetted and Non-Gazetted staff of the Boar d shall be in a ccordance with the sa lary and allowa nces admissible to simila r cla ss of Government servants under the Government of Mizoram 15. Interpreta tion. -If a ny doubt arises about the interpretation of any of these rules, the interpretations of the Government shall be final 16. Power to relax.-Wher e the Gover nment is sa tisfied tha t the opera tion of these r ules causes undue hardship in a ny particular case, he may, by order, for reasons to be recorded in writing, dispense with or relax the requirements of the rules to such extent and subject to such exceptions and conditions as he may consider necessar y for dealing with the case in a just and equit able manner. By order and in the name of the Governor, Lalrinsanga, Joint 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/200- 6 - Ex-662/2019

The Eighth Legislative Assembly of the State of Mizoram to meet for its Fourth Session on and from 19thNovember, 2019

VOL - XLVIIIISSUE - 663Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVIII Aizawl, Teusday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 663 NOTIFICATIONNo. LA.1/LEGN/2018/17, the 15th October, 2019.The following Order of the Governor of Mizoram dated, the 4th Oct ober, 2019 is published for information : “ORDERIn exercise of the powers conferr ed by C lause (1) of Article 174 of the Constitution of India, I, P rof Jagdish Mukhi, Governor of Mizor am do hereby s ummon the Eight h Legislative Assembly of the State of Mizora m to meet for its Four th Sess ion on a nd from 19th November, 2019 onwards at 10:30AM in t he Legislative Assembly House at Aizawl. PROF JAGDISH MUKHI GOVERNOR” S.R. ZOKHUMA Commissioner & SecretaryPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

Including of Addl. Deputy Commissioner, DC Aizawl, Mizoram i/c ILP as member of Sub-Committee on ILP instead of Asst. Commissioner, DC Aizawl

VOL - XLVIIIISSUE - 664Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVIII Aizawl, Teusday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 664 NOTIFICATIONF.22016/5/2011-HMP/Pt, the 14th October, 2019.In partial modification of this Department’s Notification No. F.22016/5/2011-HMP/Pt dt. 05.08.2019 and in the interest of Public Service, the Governor of M izoram is pleased to include Addl. Deputy Commissioner, DC Aiza wl, Mizoram i/c ILP as member of Sub-Committee on ILP instead of Asst. Commissioner, DC Aizawl until fur ther orders. Lalbiakzama, Secr etary to the Govt. of Mizoram, Home Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The State Election Commission hereby appoints the officer of the State Government as Asst. Returning Officer for By- Election

VOL - XLVIIIISSUE - 665Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVIII Aizawl, Teusday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 665 NOTIFICATIONB.12018/1/2019 - SEC/MDC/MADC, the 14th October, 2019.In ex ercise of the powers conferred under sub-rule (5) of Rule 7 read with Rule 148 & Rule 149 of the Mara Autonomous District Councils (C onstitution, Conduct of Business, etc) Rules, 2002 as amended, the Sta te Election Commission hereby a ppoints the officer of the Sta te Government as Asst. Returning Officer for By- Election to fill casual vacancy in Mara Autonomous District Councils as shown aga inst each:- S/NDesignation of State Govt.Power & FunctionJurisdiction Officerto be perfor med 1.Pu K.Vanlalthiana, MCSAssistant Returning1 - Tokalo MDC Addl. Deputy Commissioner,OfficerConstituency Siaha District By Order, etc. Teresy Vanlalhruaii, Secretary, State Election Commission, Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

‘The Mizoram Fisheries Conservation Rewards Scheme, 2019

VOL - XLVIIIISSUE - 666Date - 15/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVIII Aizawl, Tuesday 15.10.2019 Asvina 23, S.E. 1941, Issue No. 666 NOTIFICATIONNo.B.12012/1/2019-FS, the 9th October, 2019.WHEREAS, Fisheries conservation addresses the study, cons ervation, and sustaina ble use of aquatic animals a nd aqua tic habitats, including streams, rivers, wetlands, estuaries, and oceans including the management of recr eationa l and commercia l fisheries as well as endangered species and ecosystems. AND WHEREAS, illegal, unreported and unr egulated (IUU) fishing is a worldwide problem that is causing loca l and global financial losses, depleting natural resources, changing our diverse ecosystem and causing undue pressure up on the aquatic ecosystem and whereas illegal fishing (overfishing, use of pest icides, chemicals, explosives, electrical devices, illegal fishnets, use of ga s, etc) pollutes water, destroys breeding grounds, severely depletes the local fish popula tion, a lso har ms legitimate fishing activities and livelihoods and jeopardizes food and economic security of the local people. AND WHEREAS, the freshwater resources of Mizor am is a lso cur rently experiencing an alarming decline in fish biodiversit y due to these factors, this emphasizes an immediate need for init iating research and actions for strict management techniques t o protect these aquatic systems. It is well establis hed that the success of biodiver sity conservation depends on t he creation of mass awareness among the public regar ding the various ecological, socio-economical, nutritional, cultura l, aesthetic, r ecreational, Pharmaceutical etc., services offered to mankind. Therefore, participa tion of every citizen is crucial for protection and restora tion of t he dwindling fish biodiversity. AND WHEREAS, it is felt necessar y to pa y incentives to person who, by spending own resou rces, takes up commendable act ivities or renders commendable service for the communities in t he conservation of fisheries and promoting restoration and maintaining inta ct habitat in the rivers and streams of Mizoram. AND WHEREAS, paying financial rewards to person who provides information that leads to ar rest s, criminal convictions, civil penalties, or property forfeitures for violations of the Mizoram Fisheries Acts is an important tool for detection and apprehension of the offenders and could also serve as deterrent to Fisheries cr imes. AND WHEREAS, it is also felt necessary to pay financial rewards to person who, by spending own resources, renders service or assistance in detection of offence, seizure of Fisher ies article and illegally caught aquatic animal as well as equipment, electrical devices, explosives, toxic chemicals used in commission of offences and/or in the apprehension of offenders. - 2 - Ex-666/2019 NOW,THEREFORE,in view of the above, the Governor of Mizoram in the interest of the public, is pleased t o make the following scheme for payment of fina ncial r ewards/incentives to a person - who renders commendable service or ta kes up commendable activities towar ds conservation and pr otection of indigenous fishes and promoting restoration and ma intaining intact habitat in any river or str eam in Mizoram or to a person who provides information that leads to seizures, arrest, criminal convictions, civil penalties or property confiscation for violations of F isheries laws or who renders service or assistance in detection, arrest and seizure for committing Fisheries crimes. 1 . Short title, extent and commcncemcnt.- a)This Scheme shall be called‘The Mizoram Fisheries Conservation Rewards Scheme, 2019'. b)It shall extend to the whole of Mizoram. c)It shall come into force with effect from the date of issue of notification. 2 . Definitions.- In this scheme, unless the context otherwise requires, a)‘Dir ector ’ means Director of Fisheries, Govt. of Mizoram. b)‘DFDO’ means Distr ict Fisheries Development Officer/ Assistant Director of Fisher ies, Govt. of Mizoram. c)‘FEO’ means Fisheries Extension O fficer, Fisheries Department, Govt. of Mizoram. d)‘fish’ includes finfish,shellfish and turtle in all stages of its life. e)‘person’ includes a n individual, group of person(s), a body, a non-government organiza tion (NGO), a community or a society. f)‘offence’ means an offence or cr ime punishable under the Mizoram Fisheries Act, 2002. g)‘offender ’ means a person who committed a n offence punishable under the Mizora m Fisheries Act, 2002. h)‘major case’ means an offence or crime punishable with fine of Rs. 10,000/- and above under the Mizoram Fisheries Act, 2002. i)‘minor case’ means a n offence or cr ime punishable withfine of less than Rs. 10, 000/- under the Mizoram Fisheries Act, 2002. j)‘Incentive’ means cash assistance given to person who r enders commendable service in the cons ervation of fishes a nd their habitat. k)‘Rewards’ means bounty given to person who renders serviceinthe detection of offence that leads to apprehension/ arrest etc. 3 . Person eligible for reward/ incentive.- The following shall be eligible for reward/incentive under this Scheme: a ) Incentive.- Any person who renders commendable service or takes up commendable activit ies towards the conservation and protection of fish stock a nd promoting r estoration and maintaining intact habitat for fisheries in any str etch (of not less than 1 Km) of a river or stream in Mizoram; b) Reward.- i)any person who provides actionable first hand information that leads to an arrest, criminal conviction, penalty/seizure and/or confiscation of aquatic animal produce and/or property tools, explosive, noxious materials used for commission of the offence ; ii)any person who renders service or assistance in detection of a n offence, in a pprehension of offender or in the seizure of aquatic animal produce as well as equipment, electrical device, explosive, noxious materials etc used in committing the offence shall also be eligible to get rewards under this scheme provided tha t the offender or seized articles are brought to book; - 3 -Ex-666/2019 4 . Person not eligible for reward: a)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; b)Any officer or employee of the Government of Mizoram who furnishes information or renders service or assista nce in the performance of official duties is ineligible for payment of rewar d under this scheme; 5 . F ur nishing of infor ma tion a bout occu rr ence of Fisheries crime/ offence by Infor ma nt. a)Any person who detects or comes across an offence being committed or already committed may, in the interest of fisheries conservation, report or fur nish information with suppor ting evidence and photographs, if a ny, about the occurrence of an offence ver bally/ in writing/ mess age/ e-mail to the DFDO/FEO under whose jurisdiction the offence was commit ted; b)To facilitate repor ting of such offence cases, the DFDO will furnish the name and contact number of the DFDO/FEO to the President of the concerned Village Councils/Local Council and YMA Branches under his jurisdiction through News paper and S ocial media; 6 . Follow-up action on the report of occurrence of the offence.- a)The DFDO/FEO on receipt of the report/ information about occur rence of the offence, will immediately take follow-up action and it will be the duty of the DFDO/FEO to collect evidence from the witness to ensure that offence case if found genuine, istaken up and brought to book as per relevant la ws in force within the shortest possible time; b)In case the occurrence of the offence was already reported by any other person earlier and the required follow-up act ion already initiated, the DFDO/FEO will inform the same to the informant; c)The DFDO/FEO shall keep record about the particulars of t he informant and details about the offence/offenders/seizures to fa cilitate follow-up act ion and verification when the claim for rewa rds is received at a la ter date; 7 . Application for claim of incentive. An eligible person who renders commendable and verifia ble service towards the conservation and protection of fisheries and promoting restoration and maintaining intact habitat for fisheries in any river or stream in Mizora m may submit a pplication in plain pa per for claim of incentive to the DFDO/ FEO concerned giving the following details:- i)Name of river or s tream wher e commenda ble ser vice wa s rendered. ii)Exact location or stretch of river/stream where service was rendered. iii)Name of Village Council under whose jurisdiction the service was rendered iv)Nature/type and details of commendable service rendered and a ctivities carr ied out and impact of t he activities/service rendered. v)Dura tion or period during which such activities/services were rendered. vi)Assets created in the course of conservation efforts, if any, by the claimant. vii)A certifica te from the President of the Village Council and NGOs (YMA/MUP/ MHIP) to the effect that they ha ve witnessed or acknowledged the service cla imed to have been rendered or a ctivities claimed to have been carr ied out by the applicant. viii)Name, address, contact number and bank account number of the claimant. ix)Supporting documents/evidence/photographs of act ivities taken up to be properly captioned and enclosed. - 4 - Ex-666/2019 8 . Application for claim of reward a)An eligible person who, in the interest of Fisheries conservation, furnishes actionable information about occurr ence of an offence may submit applica tion in plain paper for claim of rewar d to the DFDO/FEO concerned giving the following details within 30 (thirty) days of fur nishing the information to the DFDO/FEO:- i)Nature/type and details of offence detected. ii)Time of detection of the offence. iii)Loca tion or place of occu rrence/detection of the offence. iv)Name of offender(s), if known, v)Time and mode of furnishing infor mation to Fisheries Official a nd name and designation of fisheries Official to whom informa tion was furnished. vi)Name, conta ct number and address of witness, if any. vii)Name, address, contact number and bank account number of the claimant. viii)Supporting documents/evidence/photographs to be enclosed. b)An eligible person who, in the interest of Fisheries conservation, renders service in apprehension of offender s, seizure of a quatic animal produce and any tools/device used in the commission of such offence may submit a pplication in plain pa per for claim of rewa rd to the DFDO/FEO concerned giving the following details within 30 (thir ty) days of such seizure or a pprehension of t he offender; i)Nature/type and details of offence detected. ii)Time of detection of the offence. iii)Loca tion or place of occu rrence/detection of the offence. iv)Name, father ’s name and a ddress 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 Fisheries Official, and name and designation of Fisheries official to whom the offenders/seized articles were ha nded over. vii)Name and address of persons/officials who made the seizure/arr est. viii)Expenditure incurred for detection/seizure/arrest with supporting vouchers. ix)Name, address, contact number and bank account number of the claimant. x) Supporting docu ments/evidence/photogr aphs to be enclosed. 9 . Procedure for processing the claim for reward/incentive.- a)On r eceipt of claim for the reward/incentive, the FEO shall examine and verify about the genuineness of the claim. If the claima nt is found eligible for the reward/incentive, he will forward the applica tion/claim with his report to the DFDO within 10 days of receipt of the report; b)The DFDO will then examine the matter and after satisfying himself about the genuineness of the claim will for ward his comments/rema rks to the Dir ector for his decision within 10 days of receipt of the report; c)The Director, on receipt of the claim for the reward/incentive with the report/comments from the DFDO/FEO, shall examine the case and convey his decision/ sanction to the DFDO, and his decision shall be final; d)On receipt of sanction for the reward/incentive from the Director, the DFDO will make payment of t he sanctioned amount to the successful claimant through cheque/electronic transfer; - 5 -Ex-666/2019Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 10. Admissible rate of reward.- a)Rewa rd/incentive to the eligible person/claimant shall be sanctioned at the rates given below at the discretion of the Director depending on t he merit of the case subject to availabilit y of funds. (i)Reward @ Rs. 1000/- to Rs. 5,000/- for minor cases and (ii) Reward @ Rs. 5,000/- to Rs. 10,000/- for major cases, (iii) Incentive @ Rs. 10,000/- to Rs. 50,000/- Thlamuana, Secr etary to the Govt. of Mizoram, Fisheries Department.

Affidavit of Tommy Zothangliana Zadeng S/o Lianfawni Khiangte

VOL - XLVIIIISSUE - 667Date - 16/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVIII Aizawl, Wednesday 16.10.2019 Asvina 24, S.E. 1941, Issue No. 667Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50AFFIDAVITIShri.Tommy Zotha ngliana Zadeng S /o Lianfawni Khiangte, Resident ofSar on Veng Near Dr. La lchha ndama’s House, Aizawl, Mizoram-796001, do hereby solemnly affirm and state as follows:- 1.That I am a bonafide citizen India n citizen by birth. 2.That my name was written and recorded a s Zotha ngliana Zadeng in Sta te Bank of Indiaequity share Folio No. 00905532. However, my true and correct name isTommy Zothangliana Zadeng. 3.That the pur pose of this a ffidavit is to declare that the aforementioned of my name i. e.Zothangliana Za deng and Tommy Zothangliana Za deng belong to one a nd the sa me person. 4.That the contents of this Affida vit are true and corr ect to the best of my knowledge and beleif and nothing material has been concealed therein. IN WIT NESS WHEREOF, I have hereunto subscribed my hand and pu t my signature on this 14th day of October, 2019 at Aizawl. Sd/- DEPONENT Identified by me:-Signed before me: Sd/-Sd/- R.Lalhungliana B.A (Hons) LLBR.LaltanpuiaNotarial Registration AdvocateNotaryNo. 8/10 MV-8 6, Mission Veng, AizawlAizawl, MizoramDt 14/10/19

The Special Economic Zones (Amendment) Act, 2019 (Act. No. 8 of 2019)

VOL - XLVIIIISSUE - 668Date - 16/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.H. 12017/55/2019-LJD, the 3rd October, 2019.The following Act is hereby re-published for general information. “The Special Economic Zones (Amendment) Act, 2019” (Act. No. 8 of 2019) Lalhlimpuii Hmar, Under Secretary to the Govt. of Mizoram. VOL - XLVIII Aizawl, Wednesday 16.10.2019 Asvina 24, S.E. 1941, Issue No. 668 THE SPECIAL ECONOMIC ZONES (AMENDMENT) ACT, 2019 AN ACTto a mend the Specia l Economic Zones Act, 2005. Be it ena cted by Pa rliament in the Seventieth Year of the Republic of India as follows :- 1. (1) This Act may be called the Special Economic Zones (Amendment) Act, 2019 (2) It sha ll be deemed to have come into force on the 2nd day of M arch, 2019. 2.In section 2 of the Special Economic Zones Act, 2005, in clause (v), - (i) after the wor ds “local authority”, the words, “trust or any entity as may be notifed by the Central Government” shall b e inserted; (ii) for the words “author ity or company”, the words “a uthorit y, company, trust or entity” shall be substituted. 3. (1) The Special Economic Zones (Amendment) Ordinance, 2019 is hereby repealed. (2 ) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or ta ken under this Act.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 28 of 2005. Ord. 12 of 2019.Short title and com- mencement Amendment of section 2. Repea l and savings.

The Jammu & Kashmir Reservation (Amendment) Act, 2019 (Act. No. 9 of 2019)

VOL - XLVIIIISSUE - 669Date - 16/10/2019

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.H. 12017/55/2019-LJD, the 3rd October, 2019.The following Act is hereby re-published for general information. “The Jammu & Kashmir Reservation (Amendment) Act, 2019” (Act. No. 9 of 2019) Lalhlimpuii Hmar, Under Secretary to the Govt. of Mizoram. VOL - XLVIII Aizawl, Wednesday 16.10.2019 Asvina 24, S.E. 1941, Issue No. 669 THE JAMMU & KASHMIR RESERVATION (AMENDMENT) ACT, 2019 AN ACTfurther to amend t he Jammu and Kashmir Reserva tion Act, 2004. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) T his Act ma y be called the Jammu a nd Kashmir Reservation (Amendment) Act, 2019. (2) It shall be deemed to have come into force on the 1st day of March, 2019. 2.In section 2 of the Jammu and Ka shmir Reservation Act, 2004 (hereinafter referred to as the principal Act), in clause (o),— (a) for sub-clause (ii), the following sub-clause shall be substituted, namely:— “(ii) the persons residing in the area adjoining Actual Line of Control and international Border; a nd”; (b) in second proviso, in clause (ix), in the proviso, for the words “ Actual Line of C ontrol”, the words “Actual Line of C ontrol or Internationa l Border” shall be substituted. XI V of 2004.Short title and com- mencement Amendment of s ection 2. - 2 - Ex-669/2019 3.In s ection 3 of the principal Act, in sub-section (2), for the words “Line of Actual Control”, the words “Actua l Line of Contr ol or International Border” shall be substituted. 4.(1) The Jammu and Kashmir Reservation (Amendment) Ordina nce, 2019 is hereby r epealed. (2) Notwithstanding such repeal, a nything done or any act ion taken under the said Ordina nce shall be deemed to have been done or taken under this Act. Amendment of s ection 3. Repeal & sa vin gsOrd. 8 of 2019.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60

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