The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Tuesday 9.7.2013 Asadha 18, S.E. 1935, Issue No. 351 NOTIFICATION No. H. 12017/55/2012-LJD, the 4th July, 2013.The following Centra l Act is hereby re-published for general information. The Protection of Children from Sexual Offences Act, 2012. Act No. 32 of 2012 Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AN ACTto protect children from offences of sexu al assa ult, sexual har assment and pornography and provide for establishment of Special Courts for trial of such offences and for ma tters connected therewith or incidental thereto. WHERE AS clause (3) of article 15 of the Constitution, inter alia, empowers the State to make special provisions for children; ANDWHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be followed by all State pa rties in securing the b est int erests of the child; ANDWHEREAS it is necessary for the pr oper development of the child that his or her r ight to privacy and confidentiality be protected and respected by every person by a ll means and through all sta ges of a judicial process involving the child; ANDWHEREAS it is imperative that the law operates in a manner that the best interest and well being of the child are regarded as being of paramount importance a t every stage, to ensu re the healthy physica l, emotional, intellectual and social development of the child; ANDWHEREAS the State pa rties to the Convention on the Rights of the Child are required to undertake all appropriate national, bilateral and multilateral measures to prevent— (a ) the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution or other unlawful sexual pr actices; (c) the exploitative use of children in pornographic performances and materials; ANDWHEREAS sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed. BE it enacted by Parliament in the S ixty-third Year of the Republic of India as follows:— CHAPTER I PRE LI M I N ARY 1.(1) ThisAct may be called the Protection of Children from Sexual Offences Act, 2012. ( 2 ) It ex t en ds t o t h e whol e o f Ind ia , ex cep t t he St a t e of J a mmu a n d Ka s hmi r. (3) It shall come into force on such date as the Central Government may, by notification in the Officia l Gazette, appoint. 2.(1) In this Act, unless the context otherwise requires, — (a) “aggravated penetrative sexual assa ult” ha s the same meaning as a ssigned to it in section 5; (b) “aggravated sexual assault” has the same meaning as assigned to it in section 9; (c) “armed forces or security forces” means a rmed forces of the Union or security forces or police forces, as s pecified in the Schedule; (d) “child” means a ny person below the age of eighteen years; (e) “domestic relationship” shall have the same meaning as assigned to it in clause (f) of section 2 of the Protection of Women fr om Domestic Violence Act, 2005; (f) “penetr ative sexual a ssault” has the same meaning as assigned to it in section 3; (g) “prescr ibed” means pr escribed by r ules ma de under this Act;(h) “religious institution” shall have the same meaning as assigned to it in the Religious Institutions (Prevention of Misuse) Act, 1988; (i) “sexual assa ult” has the same meaning as assigned to it in section 7; (j) “sexual harassment” has the same meaning as assigned to it in section 11; (k) “sha red hous ehold” means a household where the person cha rged with the offence lives or ha s lived at any time in a domestic relationship with the child;43 of 2005 D ef in it ion- 2 - Ex-351/2013 Short title and commence- men t. 41 of 1988 (l) “Special Court” means a court designated as such under section 28;(m) “Specia l Public Prosecutor ” means a Public Prosecutor appointed under section 32. (2) The words a nd expr essions used herein and not defined but defined in t he India n Penal Code, the Code of Criminal Pr ocedure, 1973, the Juvenile Justice (Care and Protection of Children) Act, 2000 and the Information Technology Act, 2000 shall have the meanings respectively a ssigned to them in the said C odes or the Acts. CHAPTER II SEXUALOFFENCESAGAINSTCHILDREN A.—PENETRATIVESEXUALASSAULTANDPUNISHMENTTHEREFOR 3.A person is said to commit “penetrative sexual a ssault” if— (a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or a nus of a child or makes the child to do so with him or any other person; or b) he inserts, to a ny extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or (c) he manipulates any par t of the body of the child so as to cause penetration into the vagina , urethr a, anus or any pan of body of the child or makes the child to do so with him or any other person; or (d) he applies his mouth to the penis, va gina, a nus, urethra of the child or makes the child to do so to such person or any other person. 4.Whoever commits penetrative sexua l assault shall be punished with impr isonment of either description for a term which shall not be less than s even year s but which may extend to imprisonment for life, a nd shall also be liable to fine. B.—AG G R AVAT E DPENETRATIVESEXUALASSAULTANDPUNISHMENTTHEREFOR 5. (a) Whoever, being a police officer, commits penetrative sexual assault on a child— (i) within the limits of the police sta tion or premises at which he is appointed; or (ii) in the premises of any station house, whether or not situated in the police station, to which he is appointed; or (iii) in the cour se of his duties or otherwise; or (iv) where he is known as, or identified as, a police officer ; or (b) whoever being a member of t he armed forces or security forces commits penetrative sexual assault on a child— (i) within the limits of the area to which t he person is deployed; or (ii) in a ny areas under the command of the for ces or a rmed forces; or (iii) in the cour se of his duties or otherwise; or (iv) where the said person is known or identified as a member of the security or armed forces; or (c) whoever being a public servant commit s penetrative sexual assault on a child; orPen etrative sexual assault. Punishment for pen etra- tive sexual assault. Aggravated penetrative sexual assault. - 3 -Ex-351/2013 45 of 1860 2 of 1974 56 of 2000 21 of 2000 (d) whoever being on the ma nagement or on the staff of a jail, remand home, protection home, observation home, or other pla ce of custody or care and protection established by or under any law for the time being in for ce, commits penetrative sexual assault on a child, being inmate of such jail, r emand home, protection home, observation home, or other place of custody or care and protection; or (e) whoever being on the management or staff of a hospital, whether Government or private, commits penetra tive sexual assa ult on a child in that hospital; or (f) whoever being on the management or staff of an educational institution or religious institution, commits penetrative sexual assault on a child in that institution; or(g) whoever commits gang penetrative sexual assault on a child. Explanation.— when a child is subjected to sexu al assa ult by one or more persons of a group in furtherance of their common intention, each of such persons shall be deemed to have committed gang penetrative sexual assault within the meaning of t his cla use and each of such person shall be liable for tha t act in the same manner as if it were done by him alone; or (h) whoever commits penetrative sexua l assault on a child using deadly weapons, fire, heated substance or corrosive substance; or (i) whoever commit s penetrative sexual assault causing grievous hur t or causing bodily har m and injury or injur y to the sexua l organs of the child; or (j) whoever commits penetrative sexual a ssault on a child, which— (i) physically inca pacitates the child or causes the child to become mentally ill as defined under cla use (l) of section 2 of the Mental Health Act, 1987 or causes impair ment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or (ii) in the case of female child, makes the child pregnant as a cons equence of sexu al assa ult; (iii) inflicts the child with Human Immunodeficiency Virus or any other life threatening dis ease or infection which may either temporarily or permanently impair the child by r endering him physically incapa citated, or mentally ill to perform regular tasks; or (k) whoever, taking advantage of a child’s mental or physical disability, commits penetrative sexual assault on the child; or (l) whoever commits penetrative sexual assault on the child more than once or repeatedly; or (m) whoever commits penetrative sexua l assault on a child b elow twelve years; or (n) whoever being a r elative of the child through blood or adoption or marr iage or guardia nship or in foster car e or ha ving a domestic relationship with a pa rent of the child or who is living in the same or shared household with the child, commits penetrative sexual assault on such child; or (o) whoever being, in the ownership, or management, or staff, of any institution providing services to the child, commits penetrative sexua l assault on the child; or (p) whoever being in a position of trust or authority of a child commits penetrative sexual assault on the child in an institution or home of t he child or anywher e else; or (q) whoever commits penetrative sexua l assault on a child knowing the child is pr egnant; or- 4 - Ex-351/2013 14 of 1987. (r) whoever commits penetrative sexual assault on a child and attempts to murder the child; or (s) whoever commits penetrative sexu al assault on a child in the course of communal or secta rian violence; or (t) whoever commits penetrative sexua l assault on a child and who has been previously convicted of having committed any offence under this Act or any sexu al offence punishable under any other law for the time being in force; or (u) whoever commits penetrative sexual assault on a child and makes the child to strip or parade naked in public, is said to commit aggrava ted penetrative sexu al assa ult. 6.Whoever, commits aggravated penetrative sexual assault, shall be punished with rigorous impr isonment for a term which sha ll not be less than ten years but which may extend to imprisonment for life and sha ll also be lia ble to fine. C.—SEXUALASSAULTANDPUNISHMENTTHEREFOR 7.Whoever, with sexua l intent touches the va gina, penis, anus or breast of the child or makes the child touch the vagina , penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault. 8.Whoever, commits sexual a ssault, shall be punished with impr isonment of either description for a term which shall not be less than thr ee year s but which may extend to five years, and sha ll also be liable to fine. D.—AG G R AVAT E DSEXUALASSAULTANDPUNISHMENTTHEREFOR 9. (a) Whoever, being a police officer, commits sexual assault on a child— (i) within the limits of the police station or premises where he is appointed; or (ii) in the premises of any station house whether or not situated in the police station to which he is a ppointed; or (iii) in the cour se of his duties or otherwise; or (iv) where he is known as, or identified as a police officer ; or (b) whoever, b eing a memb er of t he a r med forces or s ecu r it y for ces , commit s sexua l assault on a child— (i) within the limits of the area to which t he person is deployed; or (ii) in any areas under the command of the securit y or armed for ces; or (iii) in the cour se of his duties or otherwise; or (iv) where he is known or identified as a member of the securit y or armed forces; or (c) whoever being a public serva nt commits sexu al assa ult on a child; or (d) whoever being on the management or on the staff of a jail, or remand home or protection home or observation home, or other place of custody or care and protection esta blished by or under any law for the time being in force commits sexual assa ult on a child being inmate of such jail or remand home or protection home or observation home or other place of custody or care and pr otection; or (e) whoever being on the management or staff of a hospital, whether Government or private, commits sexu al assa ult on a child in that hospital; orPunishment for aggravated penetrative sexual assault. Sexual assault. Punishment for sexual assault. Aggravated sexual assault. - 5 -Ex-351/2013 (f) whoever being on the management or staff of an educational institution or r eligious institution, commits sexual assault on a child in that ins titution; or (g) whoever commits gang sexual a ssault on a child.Explanation. —when a child is subjected to sexual assault by one or more persons of a group in furtherance of their common intention, each of such persons shall be deemed to have committed gang sexual assault within the meaning of this clause and each of such person shall be liable for that act in the same manner as if it were done by him alone; or (h) whoever commits sexual assa ult on a child using deadly weapons, fire, heated substance or corrosive substance; or (i) whoever commits sexual assault causing grievous hur t or causing bodily harm and injury or injury to the sexua l organs of the child; or (J) whoever commits sexual assault on a child, which— (i) physically inca pacitates the child or causes the child to become mentally ill as defined under clause (I) of section 2 of the Mental Health Act, 1987 or causes impair ment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or (ii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by r endering him physically incapa citated, or mentally ill to perform regular tasks; or (k) whoever, taking advantage of a child’s mental or physical disability, commits sexual assault on t he child; or (l) whoever commits sexual assault on the child mor e than once or repeatedly; or (m) whoever commits sexual assault on a child below twelve years; or (n) whoever, being a relative of the child t hrough blood or adoption or marr iage or guardia nship or in foster car e, or having domestic relationship with a parent of the child, or who is living in the same or shared household with the child, commits sexu al assault on such child; or (o) whoever, being in the ownership or management or staff, of any institution providing services to the child, commits sexual assault on the child in such institution; or (p) whoever, being in a posit ion of trust or authority of a child, commits sexual assault on the child in an institution or home of the child or anywhere else; or (q) whoever commits sexua l assault on a child knowing the child is pregnant; or (r) whoever commit s sexua l assault on a child a nd attempts to murder the child; or (s) whoever commits sexual assault on a child in the course of communal or sectarian violance; or (t) whoever commits sexual assa ult on a child and who has been previously convicted of having committed any offence under this Act or any sexual offence punishable under any other law for the time being in force; or (U) whoever commits sexual assault on a child and makes the child to strip or parade naked in public, is sa id to commit a ggravated sexu al assa ult. 10. Whoever, commits aggravated sexual assault shall be punished with impr isonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. 14 of 1987.- 6 - Ex-351/2013 Punishment for aggravated sexual assault. E.—SEXUALHARASSMENTANDPUNISHMENTTHEREFOR 11. A person is said to commit sexual har assment upon a child when such person wit h sexua l intent,— (i) utters any wor d or ma kes any sound, or ma kes any gestur e or exhibits any object or pa rt of body with the intention that such wor d or sound shall be heard, or such gesture or object or part of body shall be seen by t he child; or (ii) makes a child exhibit his body or any par t of his body so as it is seen by such person or any other person; or(iii) shows any object to a child in any form or media for pornographic purposes; or (iv) repeatedly or constantly follows or watches or cont acts a child either directly or through electronic, digital or any other means; or (v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act ; or (vi) entices a child for pornographic purposes or gives gratifica tion therefor. Expla na tion. —Any qu estion which involves “ sexual intent ” sha ll be a quest ion of fact. 12. Whoever, commits sexual harassment upon a child shall be punished with impr isonment of either description for a term which may extend to three years and shall also be lia ble to fine. CHAPTER III USINGCHILDFORPORNOGRAPHI CPURPOSESANDPUNISHMENTTHEREFOR 13. Whoever, uses a child in a ny for m of media (including pr ogra mme or advertisement telecast by television channels or internet or a ny other electr onic form or printed form, whether or not such programme or advertisement is int ended for personal use or for distribution), for the purposes of sexua l gratification, which includes— (a) representation of the sexual organs of a child; (b) usage of a child enga ged in real or simulated sexual acts (with or without penetration); (c) the indecent or obscene representation of a child, shall be guilty of the offence of using a child for por nographic purposes. Explanation. —For the pu rposes of this section, the expression “use a child” shall include involving a child through any medium like pr int, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of the pornographic material. 14. (1) Whoever, uses a child or children for pornographic purposes shall be punished with impr isonment of either description which may extend to five years and shall also be liable to fine a nd in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to s even years and also be lia ble to fine.Punishment for sexul harassment. - 7 -Ex-351/2013 Sexual harassment. Use of child for porn o- graphic purposes. Punishment for using child for pornographic purposes. (2) If the person using the child for pornographic purposes commit s an offence referred to in section 3, by directly participating in pornographic acts, he shall be pu nished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (3) If the person using the child for pornogr aphic purposes commit s an offence referred to in section 5, by directly participating in pornographic acts, he shall be punished with rigorous imprisonment for life and shall also be liable to fine. (4) If the person using the child for pornogr aphic purposes commit s an offence referred to in section 7, by directly participating in pornographic acts, he shall be pu nished with imprisonment of either description for a term which shall not be less than six years but which may extend to eight years, and shall also be liable to fine. (5) If the person using the child for pornogr aphic purposes commit s an offence referred to in section 9, by directly participating in pornographic acts, he shall be pu nished with imprisonment of either description for a term which shall not be less than eight years but which ma y extend to ten years, and shall also be liable to fine. 15. Any person, who stores, for commercial purposes any pornographic material in any form involving a child shall be punished with imprisonment of either description which may extend to three years or with fine or with both. CHAPTER IV ABETMENTOFANDATTEMPTTOCOMMITANOFFENCE 16. A person abets an offence, who— First. — Instigates any person to do that offence; or Secondly. — Engages with one or more other person or persons in any conspira cy for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspir acy, and in order to the doing of that offence; or Thirdly. —Int entionally aids, by any act or illegal omission, the doing of t hat offence. Explanation I. —A person who, by wilful misrepresenta tion, or by wilful concealment of a ma terial fact, which he is bound to disclose, volunta rily ca uses or procures, or attempts to cause or pr ocure a thing to be done, is said to instigate the doing of that offence. Explanation II. —Whoever, either prior to or at the time of commission of an act, does anything in or der to facilita te the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. Explanation III. —Whoever employ, harbours, receives or transports a child, by means of threat or use of force or other for ms of coercion, abduct ion, fr aud, deception, a buse of power or of a position, vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the pu rpose of any offence u nder this Act, is said to aid the doing of that act. 17. Whoever abets any offence under this Act , if the act abetted is committed in consequence of the abetment, shall b e punished with punishment provided for that offence. Punishment for storage of pornographic material involving child. Punishment for abetment.- 8 - Ex-351/2013 Abetmen t of an offence. Explanation. — An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the cons piracy or with the aid, which constitutes the abetment. 18. Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be committed, a nd in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may ext end to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of impr isonment provided for that offence or with fine or with both. CHAPTER V PROCEDUREFORREPORTINGOFCASES 19. (1) Notwithstanding anything contained in the Code of C riminal Procedure, 1973, any person (including the child), who has a pprehension tha t an offence under this Act is likely to be committed or ha s knowledge that such an offence has been committed, he shall provide such infor mation to,— (a) the Special Juvenile Police Unit; or (b) the local police. (2) Every r eport given under sub-section ( 1) shall be— (a) ascribed an ent ry number and recorded in writ ing; (b) be read over to the informant; (c) shall be entered in a book to be kept by the Police Unit. (3) Where the report under sub-section ( 1) is given by a child, the same shall be recorded under sub-section (2) in a simple language so tha t the child understands contents being recor ded. (4) In case contents ar e being recorded in the language not understood by the child or wherever it is deemed necessa ry, a tr anslator or an interpr eter, ha ving such qualifications, experience and on pa yment of such fees as may be prescribed, shall be pr ovided t o the child if he fails to u nderstand the s ame. (5) Where the Special Juvenile Police Unit or local police is sa tisfied that the child against whom an offence has been commit ted is in need of care and protection, then, it shall, after recording the reasons in writ ing, ma ke immediate arra ngement to give him such car e and pr otection (including a dmitting the child into shelter home or to the near est hospital) within twenty-four hours of the report, as ma y be p rescribed. (6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, repor t the matter to the Child Welfare Committee a nd the Special Court or where no Special Court has been designated, to the Court of Session, including need of the child for car e a nd protection and steps taken in this regard. (7) No person shall incur any liability, whether civil or cr iminal, for giving the informa tion in good faith for the purpose of sub-section ( 1). 20. Any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, shall, on coming across any material or object which is sexually exploit ative of the child (including por nogra phic, sexua lly-r elated or ma king obscene repr esentation of a child or children) thr ough the use of any medium,Punishment for atempt to commit an offence. 2 of 1974. Reporting of offences. Obligation of media, studio and photographic facilities to report cases. - 9 -Ex-351/2013 shall provide such information to the Special Juvenile Police Unit, or to the local police, as the ca se may be. 21. (1) Any person, who fails to report the commission of an offence under sub-section (1) of section 19 or section 20 or who fails to r ecord such offence under sub-section (2) of section 19 shall be punished with impr isonment of either description which may extend to six months or with fine or with both. (2) Any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section ( 1) of section 19 in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine. (3) The provisions of sub-section ( 1) shall not apply to a child under this Act. 22. (1) Any person, who makes false complaint or provides false informa tion against any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention to hu miliate, extort or threaten or defame him, shall be punished with impr isonment for a term which may extend to six months or with fine or with both. (2) Where a false complaint has been ma de or false information has been provided by a child, no pu nishment shall be imposed on such child. (3) Whoever, not being a child, makes a false complaint or provides false information against a child, knowing it to be false, thereby victimising such child in any of the offences under this Act, shall be punished with imprisonment which may extend to one year or with fine or with both. 23. (1) No person shall make any repor t or pr esent comments on any child from any form of media or studio or photographic facilities without having complete and authentic information, which may have the effect of lowering his reputa tion or infringing upon his privacy. (2) No repor ts in any media shall disclose, the identity of a child including his name, a ddress, photogr aph, fa mily details, school, neighbourhood or any other particulars which may lead to disclosure of identity of the child: Pr ovided that for reasons to be recorded in writing, the Special Cour t, competent to try t he case under the Act , may permit such dis closure, if in its opinion such disclosure is in the interest of the child. (3) The publisher or owner of the media or studio or photographic facilities shall be jointly and sever ally liable for the acts and omissions of his employee. (4) Any person who contra venes the provisions of sub-section ( 1) or sub- section (2) shall be liable to be punished with imprisonment of either description for a period which shall not be less tha n six months b ut which may extend to one year or with fine or with both. CHAPT ER VI PROCEDURESFORRECORDINGSTATEMENTOFTHECHILD 24. (1) The st atement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as far as p racticable by a woman p olice officer not below the rank of sub-inspector. (2) The police officer while recording the sta tement of the child shall not be in uniform. Punishment for failure to report or record a case. Punishment for false complaint or false information. Recording of statement of a child.- 10 - Ex-351/2013 Procedure for media. (3) The police officer making the investigation, shall, while examining the child, ensur e that at no point of time the child come in the cont act in any way with the accused. (4) No child shall be deta ined in the police st ation in the night for any reason. (5) The police officer shall ensure that the identity of the child is protected from the public media, unless otherwise directed by the Special Court in the interest of t he child. 25. (1) If the statement of the child is being recorded under section 164 of the Code of Criminal Pr ocedure, 1973 (herein referred to as the Code), the Magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child: Provided tha t the pr ovisions contained in the first proviso to sub-section (1) of s ection 164 of the Code shall, so far it permits the presence of the advocate of the accused shall not apply in this case. (2) The Magistrate shall pr ovide to the child and his pa rents or his repr esentative, a copy of the document specified under section 207 of the Code, upon the final report being filed by the police under section 173 of that Code. 26. (1) The Magistrate or the police officer, as the case may be, shall record the statement as spoken by the child in the presence of the parents of the child or any other p erson in whom the child has trust or confidence. (2) Wher ever necess ary, the Magis trate or the p olice officer, as the case may be, may take the assistance of a tr anslator or an interpreter, having such qualifications, exp erience and on payment of such fees as may be prescribed, while recor ding the statement of the child. (3) The Magistrate or the police officer, as the case may be, may, in the case of a child ha ving a mental or physical disability, seek the assistance of a special educator or any person familiar with the manner of communica tion of the child or an expert in tha t field, having such qualifications, experience and on payment of such fees as ma y be pr escribed, to r ecord the statement of the child. (4) Wherever possible, the Magistra te or the police officer, as the case may be, sha ll ensu re that the statement of the child is also recorded by audio- video electr onic means. 27. (1) The medical examina tion of a child in resp ect of whom any offence has been commit ted under this Act, shall, notwithstanding that a First Informa tion Report or complaint has not been registered for the offences under this Act, be conduct ed in accordance with section 164A of the Code of Criminal Procedure, 1973. (2) In case the victim is a girl child, the medical exa mination shall be conducted by a woman doctor. (3 ) T he medical examination sha ll be conduct ed in t he presence of t he parent of the child or any other person in whom the child reposes trust or confidence. (4) Where, in case the par ent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examina tion of the child, the medical examina tion shall be conducted in the presence of a woma n nomina ted by the head of the medical institution.Recording of statement of a child by Magistrate. 2 of 1974- 11 -Ex-351/2013 Additional provisions regarding statement to be recorded. Medical examination of a child. 2 of 1974. CHAPTER VII SPEC IAL COURTS 28. (1) For the purposes of providing a speedy trial, the Sta te Government shall in consulta tion with the Chief Justice of the High Court, by notifica tion in the Official Ga zette, designate for each district, a Court of Sess ion to be a Special Cour t to try the offences under the Act: Provided tha t if a Court of Session is notified as a children’s court under the Commissions for Protection of Child Rights Act, 2005 or a S pecial C ourt designated for similar pur poses under any other law for the time being in force, then, such court shall be deemed to be a Special Court under this section. (2) While tr ying an offence under this Act, a Special Cour t shall also tr y an offence [other than the offence referred to in sub-section (1)], with which the accused may, under the Code of Cr iminal P rocedur e, 1973, be cha rged at the same trial. (3) The Special Court cons tituted under this Act , notwithstanding anything in the Information Technology Act , 2000, shall have jurisdiction to try offences under section 67B of that Act in so far as it relates to publication or transmission of s exually explicit material depicting children in any act, or conduct or manner or facilitates abuse of children online. 29. Wher e a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3,5,7 and section 9 of this Act, the Special Cour t shall presume, that such person has committed or abetted or a ttempted to commit the offence, as the case may be unless the contrar y is proved. 30. (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. (2) For the purposes of this section, a fact is said to be proved only when the Special Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a pr epondera nce of probability. Explanation. —In this section, “ culpable mental state” includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. 31. Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Sessions and the person conducting a prosecution before a Specia l Court, shall be deemed to be a Public Pr osecutor. 32. (1) The State Government shall, by not ification in the Official Gazette, appoint a S pecial Public P rosecutor for every S pecial Court for condu cting cases only under the provisions of this Act. (2) A person shall be eligible to be appointed as a Special Public Prosecutor under sub-section (1) only if he had been in practice for not less than seven years as an advocate.- 12 - Ex-351/2013 Design ation of Special Courts. Presumption as to certain offences. Presumption of culpable mental state. Application of Code of Criminal Procedure, 1973 to proceedin gs before a Special Court. Special Public Prosecutors4 of 2006. 2 of 1974. 21 of 2000. 2 of 1974 (3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Cr iminal Procedur e, 1973 and provision of that Code shall have effect a ccordingly. CHAPT ER VIII PROCEDUREANDPOWE RSOF SPECIAL COURTSANDRECORDINGOFEVIDENCE 33. (1) A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such fa cts. (2 ) The Special Public Pr osecutor, or as the case may be, the counsel appearing for the a ccused shall, while recording the examination-in-chief, cr oss- examination or re-examina tion of the child, communicate the questions to be put to the child to the Special Court which shall in turn put those questions to the child. (3) The Special Court may, if it considers necessary, permit frequent br eaks for the child during the tr ial.(4) The Special Court shall create a child-friendly atmosphere by allowing a fa mily member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be pr esent in the court. (5) The Special Cour t shall ensure that the child is not called r epeatedly to testify in the court. (6) The Special Court shall not permit aggressive questioning or chara cter assa ssination of the child and ensure that dignity of the child is maintained at all times during the tr ial. (7) The Special Court shall ensure that the identity of the child is not disclosed at a ny time during the course of investigation or tr ial: Provided that for r easons to be recorded in writ ing, the Specia l Court may permit such disclosure, if in its opinion such disclosure is in the interest of the child. Explanation. —For the purposes of this sub-section, the identity of the child shall include the identity of the child’s family, school, relatives, neighbourhood or any other information by which the identity of the child may be revea led. (8) In appr opr ia te cases, the S pecia l Cour t may, in addition to t he punishment , direct payment of such compensation as may be prescribed to the child for any physica l or menta l tr auma caused to him or for immedia te r ehabilita tion of such child. (9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the tria l of a ny offence under this Act , have all the powers of a Court of Sess ion and shall try such offence as if it were a Court of Session, a nd as fa r as may be, in accordance with the procedure specified in the Code of Criminal Procedure, 1973 for trial before a Court of Sess ion. 34. (1) Wher e any offence u nder this Act is committed by a child, such child shall be dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. (2) If any question arises in any proceeding before the Special Court whether a person is a child or not, such question shall be determined by the S pecial Court after satisfying itself about the age of such person a nd it shall record in writing its reasons for such determination. (3) No order ma de by the Special Court shall be deemed to be inva lid merely by any subsequent proof that the age of a person as determined by it under sub-section (2) was not the correct age of that person. 2 of 1974. Procedure and powers of Special Court. Procedure in case of commission of offence byh child and determination of age by Special Court. - 13 -Ex-351/2013 2 of 1974. 56 of 2000. 35. (1) The evidence of the child sha ll be r ecorded within a period of thirty days of the Special Court taking cognizance of t he offence and reasons for delay, if a ny, shall be recorded by the Special Court. (2) The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cogniza nce of the offence. 36. (1) The Special Court shall ensure that the child is not exposed in any way to the accused at the time of recording of the evidence, while at the same time ensu ring that the a ccused is in a position to hear the statement of the child and communicate with his advocate. (2) For the purposes of sub-section (1), the Special Court may record the statement of a child through video conferencing or by utilising single visibility mirr ors or curtains or any other device. 37. The Special Court shall try cases in camera and in the pr esence of the parents of the child or any other person in whom the child has t rust or confidence: Provided tha t where the Special Court is of the opinion that the child needs to be examined at a place other than the court, it shall proceed to issue a commission in accordance with the provisions of section 284 of the Code of Criminal Procedure, 1973. 38. (1) Wherever necessary, the Court may ta ke the assistance of a translator or interpreter having such qualifications, experience a nd on payment of such fees as may be prescribed, while recording t he evidence of the child. (2) If a child has a mental or physical disability, the Special Court may take the assista nce of a special educator or any person fa miliar with the manner of communication of the child or an expert in that field, having s uch qua lifications, experience and on payment of such fees as may be prescribed to record the evidence of the child. CHAPTER IX MISCELLANEOUS 39. Subject to such rules as may be made in this behalf, the State Government shall prepa re guidelines for use of non-governmental organisations, pr ofessionals and experts or persons having knowledge of psychology, social work, physical health, mental hea lth and child development to be associated with the pre-t rial and trial s tage to assist the child. 40. Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973 the fa mily or the guardian of the child s hall be entitled to the assistance of a legal counsel of their choice for any offence under this Act: Provided tha t if the family or the guardia n of the child are unable to afford a legal counsel, the Legal Services Author ity shall provide a lawyer to t hem. 41. The provisions of sections 3 to 13 (both inclusive) shall not apply in case of medical examination or medical treatment of a child when such medical examination or medical treatment is undertaken with the consent of his parents or guardian. Period for recording of evidence of child and disposal of case. Child not to see accused at the time of testifying. Trials to be conducted in camera. Assistance of an interpreter or expert while recording evidence of child Guidelines for child to take assistance of experts, etc.- 14 - Ex-351/2013 2 of 1974. Right of child to take assistance of legal practitioner. Provisions of sections 3 to 13 not to apply in certain cases.2 of 1974. 42. Wher e an act or omission constitute an offence punisha ble under this Act and also under any other law for the time being in for ce, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence sha ll be liable to punishment only under such law or this Act as provides for punishment which is greater in degree. 43. The Central Government and every State Government, shall take all meas ures to ensure t ha t—(a) the provisions of this Act are given wide publicity through media including the television, radio and the print media at r egular intervals to make the general public, children as well as their par ents and guardians awar e of the provisions of this Act; (b) the officers of the Central Government and the State Governments and other concerned persons (including t he police officers) a re impa rted periodic training on the matters relating to the implementation of the provisions of the Act. 44. (1) The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, the State Commission for Pr otection of Child Right s constituted under section 17, of t he Commissions for Pr otection of Child Rights Act, 2005, shall, in addition to the functions assigned to them under that Act, a lso monitor the implementation of the provisions of this Act in such manner as ma y be prescribed. (2) The National Commission or, as the case may be, the State Commission, referred to in sub-section (1), shall, while inquiring into a ny matter relating to any offence under this Act, have the same powers as are vested in it under the Commissions for Protection of Child Rights Act, 2005. (3) The National Commission or, as the case may be, the State Commission, refer red to in sub-section (1), shall, also include, its activities under this section, in the annual report referred to in section 16 of the Commissions for Pr otection of Child Rights Act, 2005. 45. (1) The Central Government may, by notification in the Official Gazette, make rules for carr ying out the pu rposes of this Act. (2) In particular, and without prejudice to the generality of t he foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the qualifications and experience of, and the fees payable to, a translator or an interpreter, a special educator or any person familiar with the manner of communication of the child or an expert in that field, under sub-section (4) of section 19; sub-sections (2) and (5) of section 26 and section 38; (b) care and protection and emergency medical treatment of the child under sub-section (5) of section 19; (c) the payment of compensation under sub-section (8) of section 33; (d) the manner of periodic monitoring of the pr ovisions of the Act under sub-section (1) of section 44. (3) Every rule made under this section sha ll be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, befor e the expiry of the session immediately followingAlternative punishment. Pu blic awareness about Act. - 15 -Ex-351/2013 Monitoring of implementa- tion of Act. 4 of 2006. 4 of 2006. 4 of 2006. Power to make rules. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500 the session or the successive sessions aforesaid, both Houses agr ee in ma king any modifica tion in the rule or both Houses agree that the rule should not be made, the rule shall thereafter ha ve effect only in such modified form or be of no effect, as the case may be; so, however, that a ny such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 46. (1) If any difficu lty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the pr ovisions of this Act as may appear to it to be necessary or expedient for removal of the difficu lty: Provided tha t no or der sha ll be ma de under this section after the expir y of the period of two years from the commencement of this Act. (2) Every order made under this section shall b e laid, as soon as ma y be after it is made, befor e each House of Parliament. THE SCHEDULE[See section 2(c)] ARMEDFORCE SAND SECURITYFORCESCONSTI TUTEDUNDER (a) The Air Force Act, 1950 (45 of 1950); (b) The Army Act, 1950 (46 of 1950); (c) The Assam Rifles Act, 2006 (47 of 2006); (d) The Bombay Home Guard Act, 1947(3 of 1947); (e) The Border Security Force Act, 1968 (47 of 1968); (f) The Central Industrial Security Force Act, 1968 (50 of 1968); (g) The Central Reserve Police Force Act, 1949 (66 of 1949); (h) The Coast Guard Act, 1978 (30 of 1978); (i) The Delhi Special Police Establishment Act, 1946 (25 of 1946); (j) The lndo-Tibetan Border Police Force Act, 1992(35 of 1992); (k) The Navy Act, 1957 (62 of 1957); (l) The Nationa l Investigation Agency Act, 2008 (3 4 of 2008); (m) The National Security Guard Act, 1986 (47 of 1986); (n) The Railway Protection Force Act, 1957(23 of 1957); (o) The Sashastra Seema Bal Act, 2007 (53 of 2007); (p) The Special Protection Group Act, 1988 (34 of 1988); (q) The Territorial Army Act, 1948 (56 of 1948); (r ) The State police forces (including armed consta bulary) constit uted under the State laws to aid the civil powers of the Sta te and empowered to employ force during internal disturbances or otherwise including armed forces as defined in cla use (a) of section 2 of the Armed Forces (Specia l Powers) Act, 1958 (2 8 of 1958). Power to remove difficulties.- 16 - Ex-351/2013

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Tuesday 9.7.2013 Asadha 18, S.E. 1935, Issue No. 352 NOTIFICATION No. H. 12017/55/2012-LJD, the 4th July, 2013.The following Centra l Act is hereby republished for general information. The Adminis trators-Genera l (Amendment) Act, 2012. Act No. 33 of 2012. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE ADMINISTRATORS-GENERAL (AMENDMENT) ACT, 2012 AN ACTfurther to amend the Adminis trator s-General Act, 1963. BE it enacted by Parliament in the Sixty-thir d Year of the Republic of I ndia a s follows:— 1.(1) This Act may be ca lled the Administrators-General (Amendment) Act, 2012. (2) It shall come into force on such date as the Central Government may, by notification in the Official Ga zette, appoint. 2.In section 9, 10, 29 and 36 of the Administr ators-Gener al Act , 1963, for the wor ds “two lakhs”, wherever they occur, the words “ten lakhs” shall be substituted.Short title and commence- men t. Amendment of Section 9, 10, 29 and 36 of Act 45 of 1963.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Tuesday 9.7.2013 Asadha 18, S.E. 1935, Issue No. 353 NOTIFICATION No. H. 12017/55/2012-LJD, the 4th July, 2013.The following Centra l Act is hereby republished for general information. The Institute of Technology (Amendment) Act, 2012. Act No. 34 of 2012. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE INSTITUTES OF TECHNOLOGY (AMENDMENT) ACT, 2012 AN ACTfurther to amend the Institutes of Technology Act, 1961. BE it enacted by Parliament in the Sixty-third Year of the Republic of I ndia a s follows:— 1.(1) This Act may be called the Institutes of Technology (Amendment) Act, 2012. (2) It shall come into force on such date as the Central Government may, by notification in the Official Ga zette, appoint. 2.In the Institutes of Technology Act, 1961 (hereinafter r eferred to a s the principal Act), in section 2, for the words “and the Indian Institute of Technology, Roorkee”, the words “the Indian Institute of Technology, Roorkee, the Indian Institute of Technology, Bhubaneswar, the Indian Institute of Technology, Gandhi Nagar, the India n Inst itute of Technology, Hyderabad, the Indian Institute of Technology, Indore, the Indian Institute of Technology, Jodhpur, the Indian Institute of Technology, Mandi, the I ndia n Institute of Technology, Patna, the Indian Ins titute of Technology, Ropar and the Indian Institute of Technology (Banara s Hindu University), Var anasi” shall be substituted.Short title and commence- men t. Amendment of section 2. 59 of 1961. 3.In section 3 of the principal Act,—(a) in cla use (c), after sub-clause (iv) , the following sub-clauses shall b e inserted, namely:— “(v) in relation to the society known as the Indian Institute of Technology, Bhubaneswa r, the India n Institute of Technology, Bhubaneswar; (vi) in relation to the society known as the Indian Ins titute of Technology, Gandhinaga r, the India n Institute of Technology, Gandhinagar; (vii) in relation to the society known as the Indian Institute of Technology, Hyderabad, the India n Institute of Technology, Hyderabad; (viii) in relation to the society known as the Indian Institute of Technology, Indore, the Indian Instit ute of Technology, Indore; (ix) in relation to the society known as the Indian Institute of Technology, Raja sthan, the Indian Institute of Technology, Jodhpur; (x) in relation to the society known as the Indian Institute of Technology, Mandi, the India n Institute of Technology, Mandi; (xi) in relation to the society known as the Indian Institute of Technology, Patna, the India n Institute of Technology, Patna; (xii) in relation to the society known as the Indian Instit ute of Technology, Punjab, the Indian Ins titute of Technology, Ropar; (xiii) in relation to the Institute of Technology, Banaras Hindu University, referred to in Statute 25(A)(1) of the Statutes set out in the Schedule to the Banaras Hindu University Act, 1915, the Indian Institute of Technology (Banaras Hindu Universit y), Va ranasi;”; (b) aft er cla use (g), the following clause shall be inserted, namely:— ‘(ga) “Ins titute of Technology, Ba naras Hindu University” means the Institute of Technology, Banaras Hindu University, referred to in Statute 25(A)(1) of the Sta tutes set out in the Schedule to the Banaras Hindu University Act, 1915;’; (c ) in cla u s e ( j), a ft er s u b -cla u s e ( iii), the following sub-clauses shall be inserted, namely:— “(iv) the India n Institute of Technology, Bhubaneswar; (v) the Indian Institute of Technology, Gandhinagar; (vi) the India n Institute of Technology, Hyderabad; (vii) the Indian Institute of Technology, Indore; (viii) the India n Institute of Technology, Rajasthan; (ix) the India n Institute of Technology, Mandi; (x) the India n Institute of Technology, Patna; (xi) the India n Institute of Technology, Punjab;”; (d) after clause ( 1), the following cla use shall be inserted, namely:— ‘(m) “zone”, in relation to an Institute, means such group of S tates and Union territories as the Central Government may, by notification in the Official Gazette, specify.’. 4.In section 4 of the principal Act, after sub-section ( 1C ), the following sub- section shall be inserted, namely:— “(ID) The Institute of Technology, Banaras Hindu University shall, on such incorporation, be ca lled the Indian Instit ute of Technology (Ba naras Hindu Universit y), Va ranasi.”. 5.In section 5 of the principal Act, the Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely:— Amendment of section 3. 16 of 1915. 16 of 1915. Amendment of section 4. Amendment of section 5.- 2 - Ex-353/2013 “Explana tion 2. —The refer ence in this section to the commencement of this Act sha ll be construed in relation to the India n Institute of Technology, Bhubaneswar, the Indian Institute of Technology, Gandhinagar, the Indian Institute of Technology, Hyderabad, the Indian Institute of Technology, Indore, the India n Inst itute of Technology, Jodhpur, the Indian Institute’of Technology, Mandi, the Indian Institute of Technology, P atna a nd the Indian Institute of Technology, Ropar, as the r eference to the date on which the pr ovisions of the Ins titutes of Technology (Amendment) Act, 2012 come into force.”. 6.After section 5A of the principal Act, the following section s hall be insert ed, namely:— “5B. On and from the commencement of the Institutes of Technology (Amendment) Act, 2012,— (a) any reference to the Institute of Technology, Banaras Hindu Universit y in a ny law for the time being in force (other than this Act) or in any contract or other instrument shall be deemed as a reference to the I ndia n Institute of Technology (Banaras Hindu University), Varana si; (b) all pr operty, mova ble and immovable, of or belonging to the Instit ute of Technology, Banara s Hindu University, shall vest in the Indian Institute of Technology (Banaras Hindu University), Varana si; (c) all r ights and liabilities of the Institute of Technology, Bana ras Hindu University shall be transferr ed to, and be the rights and liabilities of, the Indian Institute of Technology (Banar as Hindu University), Varana si; (d) every person employed in the Institute of Technology, Bana ras Hindu University immediately before such commencement shall hold his office or service in the Indian Institute of Technology (Banaras Hindu University), Varanasi by the same tenure, at the same remuneration and upon the sa me terms and conditions and with the same r ights a nd privileges a s to pension, leave, gra tuity, provident fund and other matters as he would have held the sa me if this Act had not been passed and shall continue to do so unless and until his employment is terminated or until such tenure, r emuner a t ion a nd terms and conditions are duly altered by t he Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Indian Institute of Technology (Banara s Hindu University), Va ra nasi in accor da nce with the terms of the contract with t he employee or, if no provision is made therein in this behalf, on payment to him by the Indian Institute of Technology (Bana ras Hindu University), Varanasi of compensation equivalent to three months’ remuneration in the ca se of perma nent employees and one month’s remuneration in the case of other employees: Provided further that any reference, by whatever form of words, to the Dir ector of the Institute of Technology, Banaras Hindu University in any law for the time being in force, or in any instr ument or other document, shall be construed as a reference to the Director of the Indian Institute of Technology (Ba naras Hindu University), Vara nasi; and (e) on the commencement of t he Institutes of Technology (Amendment) Act, 2012 — (i) the Vice-Chancellor of the Banaras Hindu University, appointed under the provisions of the Banar as Hindu University Act , 1915 shall be deemed to have been appointed as ex officio Cha irman of the Board ofIn sertion of new section 5B. Effect of incorporation of Indian Institute of Technology (Banaras Hindu Univer sity), Varanasi. 16 of 1915.- 3 -Ex-353/2013 Governor s of the Indian Institute of Technology (Banar as Hindu University), Va ranasi under this Act, and shall hold office for a period of thr ee yea rs wit h effect fr om such commencement;(ii) the Director of the Instit ute of Technology, Bana ras Hindu University, appointed under the provisions of the Banar as Hindu Universit y Act, 1915 shall be deemed to have been appointed as Director of t he Indian Institute of Technology (Banaras Hindu University), Vara nasi under this Act, and shall hold his office till Director is appointed under this Act. Explanation. —The reference in this section to the commencement of this Act shall be construed in relation to t he Indian Institute of Technology (Ba naras Hindu University), Var anasi as the reference to the date on which the provisions of the Instit utes of Technology (Amendment) Act, 2012 come into force.”. 7.In s ection 6 of the pr incipa l Act, after sub-s ection ( 1), the following su b-section shall be inserted, namely:— “(1A) subject to the provisions of this Act , every Ins titute may strive to meet the technological needs of the S tates and the Union territor ies included in its zone by- (a) supporting and collaborating with technical education institutions located in the zone with a view to enha nce their quality and ca pability; (b) advising the State Governments and the Union territories included in its zone in the matter of technical education and any t ec hnologic a l is s u e referred by them to the Institute for advice.”. 8.In section 11 of the principal Act,— (i) after clause (e), the following pr oviso shall be inserted, namely:— “Provided that in the case of the Indian Institute of Technology (Bana ras Hindu Universit y), Varanasi,— (a) the Board of such Institute shall consist of Vice-Chairman to be nominated, after a period of three year s from the commencement of the Institutes of Technology (Amendment) Act, 2012, by the Executive Council referred to in clause (d) of section 2 of the Banaras Hindu University Act, 1915, from amongst its members including its Vice-Chancellor;”; (b) four persons to be nominated under clause (d), out of which two persons to be nominated by the Executive Council referred to in clause (d) of section 2 of the Banaras Hindu University Act, 1915, from amongst its members including it s Vice-Chancellor ;”; (ii) the Explanation shall be omitted. 9.In section 14 of the principal Act, aft er cla use (e), the following proviso shall be inserted, namely:— “Pr ovided that in ca se of the Indian Instit ute of Technology (Bana ras Hindu Universit y), Va ranasi, thr ee members shall be nominated by the Ex ecutive Council referred to in clause (d) of section 2 of the Banara s Hindu Universit y Act , 1915.”. 10. In section 38 of the principal Act,— (a) after clause ( i), the following cla uses s hall be inserted, namely:—16 of 1915. Amendment of section 6. Amendment of Section 11. 16 of 1915. 16 of 1915. Amendment of Section 14. Amendment of Section 38.16 of 1915. - 4 - Ex-353/2013 “(j) until the first Statutes and Ordinances in r elation to the Indian Institute of Technology, Bhubaneswar, the Indian Institute of Technology, Gandhinagar, the India n Institute of Technology, Hyderabad, the I n di a n I ns t i t u t e o f Technology, Indore, the Indian Institute of Technology, Jodhpur, the Indian Institute of Technology, Mandi, the Indian Institute of Technology, Patna and the Indian Institute of Technology, Ropar are made under this Act, the Statutes and Ordinances of such Institute, as in for ce immediately bef or e the commencement of the Institutes of Technology (Amendment) Act, 2012, sha ll a p p ly t o t hos e I ns t it u t es with necessary modifica tions and adapta tions in so far as they are not inconsistent with the provisions of this Act;(k) the Executive Council, referred to in clause (d) of s ection 2 of the Banaras Hindu University Act, 1915, functioning as such immediately before the commencement of the Ins titutes of Technology (Amendment) Act, 2012, shall continue to so function until a new Board is constituted for the Indian Institute of Technology (Banaras Hindu University), Var anasi under this Act, but on the constit ution of a new Board under this Act, the Executive Council of the Bana ras Hindu University shall cea se to function so far as the Indian Institute of Technology (Bana ras Hindu University), Va ranasi is concerned; (l) the Academic Council, referred to in clause (a) of section 2 of the Banaras Hindu University Act, 1915, functioning as such immediately before the commencement of the Ins titutes of Technology (Amendment) Act, 2012 shall continue to so function until a new Senate is constituted for the Indian Institute of Technology (Banaras Hindu University), Var anasi under this Act, but on the constitution of a new Senate under this Act, the Academic Council of the Bana ras Hindu University shall cea se to function so far as the Indian Institute of Technology (Bana ras Hindu University), Varana si; (m) until the first Statutes and the Ordinances in relation to the Indian Instit ute of Technology (Ba naras Hindu University), Varanasi are made under this Act, the Sta tutes and Or dinances as are applica ble to the Indian Instit ute of Technology, Kanpur immediately before the commencement of the Institutes of Technology (Amendment) Act, 2012, shall apply to the Indian Institute of Technology (Bana ras Hindu University), Varanasi with the necessary modifications and adaptations in so far as they are not inconsistent with the pr ovisions of this Act; (n) notwit hsta nding anything contained in t he Institutes of Technology (Amendment) Act, 2012, any student who joined classes of the Institute of Technology, Banaras Hindu University on or after the commencement of 2006-2007 academic session or completed the courses on or after 2009-2010 a ca demic session sha ll for the purpose of clause (b) of sub-section ( 1) o f section 6, be deemed to ha ve pur sued a course of study in the Indian Institute of Technology (Bana ras Hindu Universit y), Va ranasi provided that such student has not already been awar ded degree or diploma for the same course of study; (o) if any difficulty arises in giving effect to the pr ovisions of the Institutes of Technology (Amendment) Act, 2012, the Central Government may, by order published in the Official Gazette, make such 16 of 1915. 16 of 1915.- 5 -Ex-353/2013 provisions not inconsistent with the provisions of this Act, as may a ppea r to be neces sa r y for removing the difficult y : Provided that no order sha ll be made under this clause after the expiry of two years from the commencement of the Institutes of Technology (Amendment) Act, 2012: Provided further that every order made under this clause shall be laid, as soon as may be after it is made, before each House of Parliament.”;(b) after Explanation 2, the following Explanation shall be inserted, namely:— “Explanation 3.— The refer enc e in cla u ses (k), (l) and (m) of this section t o the commencement of this Act shall be construed in relation to the Indian Institute of Technology (Banara s Hindu Universit y), Varanasi, as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Act, 2012 come into force.”.- 6 - Ex-353/2013Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Tuesday 9.7.2013 Asadha 18, S.E. 1935, Issue No. 354 NOTIFICATION No. H. 12017/55/2012-LJD, the 4th July, 2013.The following Centra l Act is hereby republished for general information. The Rajiv Ga ndhi Na tional Institute of Youth Development Act, 2012. Act No. 35 of 2012. Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE RAJIV GANDHI NATIONAL INSTITUTE OF YOUTH DEVELOPMENT ACT, 2012 AN ACTto declare the institution known as the Rajiv Gandhi National Institute of Youth Development, to be an ins titution of national importance and to provide for its incorporation and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the S ixty-third Year of the Republic of India as follows:— CHAPTER I PRE LI M I N ARY 1.(1) This Act may be called the Rajiv Ga ndhi Na tional Institute of Youth Development Act, 2012. (2) It shall come into force on such date as the Centr al Government may, by notification in the Official Gazette, appoint.Short title and commence- men t. 5 2. Wher eas the objects of the instit ution known as the Rajiv Gandhi National Institute of Youth Development are such a s to ma ke the institution one of national importance, it is hereby declared that t he inst itution known as the Rajiv Ga ndhi National Institute of Youth Development is an institution of national importa nce. 3. In this Act , unless the context otherwise requir es,— (a) “Academic Council” means the Academic Council of the Institute; (b) “appointed day” means the date appointed under sub-section (2) of section 1 for coming into force of this Act; (c) “Chairperson” means a Chairperson to the Executive Council referred to in clause (a) of sub-section (2) of section 12; (d) “ Dir ect o r ” mea ns t he Dir ect or of t he Ins t it u t e r efer r ed t o in cla u s e (a) of section 21; (e) “ Executive Council” means the Executive Council of the Institute established under section 12; (f) “existing Institute” means the Rajiv Gandhi Na tional Institute of Youth Development, Sriperumbudur, establis hed under the provisions of the Society Registration Act, 1860 and declared as deemed to be a University under section 3 of the Universit y Grants Commission Act, 1956, and which is in exist ence immedia tely before the commencement of this Act;(g) “Fund” means the fund of the Institute to be maintained under section 26; (h) “Ins titute” means the Rajiv Gandhi Nationa l Instit ute of Youth Development incor porated under section 4; (i) “notification” means the notification pu blished in the Official Gazette; (j) “prescr ibed” means pr escribed by r ules ma de under this Act; (k) “Registrar” means the Registrar of the Instit ute referred t o in section 23; (l) “Statutes” and “Ordinances” mean the Statutes and Ordina nces of the Institute ma de under this Act. CHAPTER II RAJIV GANDHI NATION AL INSTITUTEOF YOUTH DEVELOPMENT 4. (1) The Rajiv Gandhi National Institute of Youth Development shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by tha t name, sue and be sued. (2) The fir st Chair person, the first Director and the first members of the Executive Council and the Academic Council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constit ute the Instit ute. (3) The headqua rters of the Institute sha ll be in the district of Kanchipuram, in the State of Tamil Nadu. (4) The Institute may establish and maintain centres a t such other places in India as it ma y deem fit. Declaration of Rajiv Gandhi Nat ional Insti- tute of Youth Development as an institu- tion of national importan ce. 5 10 15 20 25 30 35 40 Incorporation of Institute.- 2 - Ex-354/2013 Definitions. 21 of 1860. 3 of 1956. 5.On and from the appointed day and subject to other provisions of this Act,— (a) any reference to the existing Institute in any contr act or other inst rument sha ll be deemed as a r eferenc e to the Instit ute; (b ) all property, movable and immova ble, of or belonging to the existing Institute shall vest in the Institute;(c) all rights and liabilities of the existing Institute shall be transferred to, and be t he rights and liabilit ies of, the Institute; and (d) every person employed by the existing Institute immediately before the appointed day shall hold office or service in the Institute by the same tenure, at the same remuneration and upon the same terms and conditions and with t he same rights a nd p rivileges as to pens ion, leave, gr atuity, provident fund and other matters as he would have held the same if this Act had not been pa ssed, a nd shall continue to do so unless and until his employment is terminated or until such t enure, remunera tion and terms and conditions are duly altered by the Statutes: Provided that if the altera tion so made is not acceptable to such employee, his employment may be terminated by the Institute in accor dance with the terms of the contr act with the employee or, if no provision is made therein in this behalf, on payment to him by the Instit ute a compensa tion equivalent to three months’ remuneration in the case of permanent employees a nd one month’s remuneration in the case of other employees. 6.The objects of the Institute shall be,— (a) to evolve and achieve an integrated approach to youth development for preparing and empower ing the youth for the future, by— (i) providing action oriented research inputs for policy formulation; (ii) implementation of policy through extension and other programmes; (iii) promoting assessment and impact study and conducting teaching, training and other academic programmes; (b) to set u p advanced National Youth Resource Centre commensurate with the international standards to provide for comprehensive and scientifically analysed data on all youth-r elated issues a nd matters, with adequate librar y facility, documentation and publication; (c) to provide for resear ch and development and dissemination of knowledge through extension and outreach programmes; (d) to act as a nodal agency for capacity building of stakeholders including youth bodies, organisations and agencies relating to youth; (e) to empower youth to p articipate in inclusive development and nation building; (f) to evolve as an institute of advanced study in the field of youth and to develop such professional excellence a s may be required for the purpose; (g) to provide for higher education in the field of youth development through employment-oriented and inter-disciplinary courses at the post graduate level. 7. (1) Without prejudice to the provisions cont ained in section 6, the Institute shall,— (a) develop a “think tank” by way of car rying out policy resea rch, evaluation and impa ct ana lysis on youth pr ogr ammes a nd issues of cont empora ry and future relevance;Effect of establishmen t of Institute. Objects of Institute. - 3 -Ex-354/2013 5 10 15 20 25 30 35 40 45Functions of Institute. (b) function as a repository of knowledge pertaining to data on youth; (c) develop documentation, informa tion and publication services for youth training and extension; (d) provide technical advice and consultancy for formulation of youth related policy and promotion of youth progra mme; (e) build the professional capacity of youth organisations, both in Government a nd voluntary sector;(f) design, develop and conduct appr opriate training and orienta tion pr ogr ammes ; (g) conduct seminars, workshops and conferences on issues relating to youth; (h) set up centres for dissemination of a cademic a nd tra ining pr ogr a mmes; (i) collaborate wit h nationa l and international university, centr es, institutes and such other agencies relating to youth training and youth development; (j) esta blish pr ogrammes of study and research and to provide for instruction in such branches of study as the institute deems appropriate; (k) awar d, subject to such conditions as the Instit ute may determine, degr ees, diplomas, certificates or other academic distinctions or titles at various academic levels; ( l) confer honorary degrees or other distinction a wards, fellowships, scholarships , prizes and medals; (m) determine, demand a nd receive fees and other cha rges for its cour ses, programmes and other matters; (n) conduct and coor dinate projects and studies relating to youth sponsored by the Government of India a nd other developmenta l agencies; (o) create with the prior approva l of the Central Government, academic, technical, administrative, managerial and other posts in the Institute and make appointments thereto in accordance with the rules and regulations of the Instit ute; (p) regulate the conduct of the affair s of the Instit ute; (q) supervise and control the discipline of all ca tegories of employees and students of the Instit ute; (r) purchase, hire, lease, exchange or acquire pr operty, movable or immovable and to construct , alter and maintain any building or buildings as may be necessar y; (s) set up distance learning or education centres, in collabora tion with Open Universities, to provide access to the aspiring young professionals enabling them to ta ke up a career in the field of youth development; (t) esta blish, maintain and manage halls of residences and hostels for students; (U) lay down conditions of service including a code of conduct for teacher s and other categories of employees; (v) supervise, control and regulate the discipline of students of the Institute a nd to ma ke arra ngements for promoting their health and general welfare; (w) coordinate student exchange programmes with reputed Internationa l Youth Development Institutions; (x) undertake, a ssist and promote all s uch act ivities conducive or incidental to the attainment of the objectives.50 5 10 15 20 25 30 35 - 4 - Ex-354/2013 (2) The Institute may receive gifts, grants, donations or benefact ions from the Government and t o receive bequests, donations and transfer s of mova ble or immovable properties from the testators, donors or transfer ors, as the case ma y be. (3) The Institute ma y enter into agreements with international organisations, institutions and universities to broaden the scope of the youth work and to facilitate knowledge development and participator y learning. 8.(1) The Institute shall be open to persons of either sex and of whatever race, creed, caste or class, physical ability, and no test or condition shall be imposed as to religious belief or profession in admitting students, appointing teacher s or employees or in any other connection whatsoever. (2) No bequest, donation or transfer of any property shall be accepted by the Institute which in the opinion of the Executive Council involves conditions or obligations opposed to the spirit and object of this section. 9.All teaching and other academic a ctivities at the Institute shall be conducted by or in the name of the Institute in accordance with the Statutes and Ordina nces made in this behalf. 10. (1) T he President of India shall be the Visitor of the Instit ute: Provided that the President may, by order, nominate any person to be the Visitor and such person so nominated shall hold office for such term, not exceeding five years a s may be specified in the order and the person so nominated shall exer cise the powers and discharge duties of t he Visitor. (2) The Visitor may, fr om time to time, appoint one or more persons to review the work and progress of the Instit ute and to hold inquiries into the affairs thereof and to report thereon in such manner a s the Visitor may dir ect. (3) Upon receipt of any such report, the Visitor ma y take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the Instit ute sha ll be bound to comply with such directions within reasonable time. CHAPTER III AUTHORITIESOFTHE INSTI TUTE 11. The Institute shall consist of the following authorities, namely:— (a) t he Executive Council; (b) the Aca demic Council; and (c) such other authorities as may be declared by the Statutes to be the authorities of the Institute. 12. (1) With effect from such date as the Central Government may, by notification, a ppoint in this behalf, there shall be established for the purpose of this Act, a central body to be called as the Executive Council. (2) The Executive Council shall consist of the following members, namely:— (a) an eminent person of academic repute to be nominated by the Visitor— Chairperson; (b) an eminent person in the field of Youth Development to be nominated by the Visitor —Vice-C hairperson; 40 45 50 5 10 15 20 25- 5 -Ex-354/2013 Institute to be open to all races, creeds, gender and classes. Teaching at Institute. Visitor. Authorities of Institute. Establishmen t of Executive Coun cil. (c) Secretary, Department of Youth Affairs, Ministry of Youth Affairs and Sports— ex officio Member; (d) Joint Secretary, Department of Youth Affairs, Ministry of Youth Affairs and Sports— ex officio Member; (e) Director, Rajiv Gandhi National Institute of Youth Development— ex officio Member; (f) Professor from Rajiv Gandhi National Institute of Youth Development on rota tion—Member; (g) one eminent sports personality to be nominated by the Central Government— M emb er ; (h) one Head from an Academic Institution to be nominated by the Central Government— Member; (i) one representative from the industry to be nominated by the Central Government from the Federation of Indian Chamber of C ommerce and Indu stry or Confederation of Indian Industry by the Central Government— M emb er ; (j) the Registra r, Rajiv Gandhi National Instit ute of Youth Development— Member-Secreta ry. (3) While nominating the members of t he Executive Council under sub-section (2) due representation shall be given to women, different regions of the country, and weaker sections of the community and differently a bled persons. 13. (1) The term of office of every member of the Executive Council shall be for a period of thr ee year s from the date of his nomination: Provided tha t the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member. (2) The term of office of a member nomina ted to fill a casual vacancy shall be for the remainder of the term of the member in whose place he has been nominated. (3) Notwithstanding anything contained in this section, an out-going member shall, unless the Central Government otherwise directs, continue in office until another person is nominated as a member in his place or until the expiry of one yea r, whichever is earlier. (4) The members of the Executive Council, other than ex officio memb ers, shall be paid such travelling and other allowances as may be provided by the Statutes. 14. (1) The Chairperson shall ordinarily preside at the meetings of the Executive Council and at the C onvocation of the Instit ute: Provided that, in his absence, the Vice-Chairperson of the Executive Council shall preside at the meetings of the Executive Council. (2) It shall be the duty of the Chairperson to ensure that the decisions taken by t he Executive Council are implemented. (3) The Chairperson shall exercise such other powers and perform such other duties as are assigned to him by this Act. (4) The Executive Council shall meet at least four times in a year and follow such procedur e, in its meetings (including quorum a t such meetings) as may be provided by t he Statutes.- 6 - Ex-354/2013 Terms of office of, vacancies among, and allowances payable to members of Executive Coun cil. Meetings of Executive Coun cil.30 35 40 45 50 5 10 15 15. (1) Subject to the provisions of this Act, the Executive Council shall be resp onsible for the genera l superintendence, dir ection and control of the affairs of the Institute and shall also exercise the powers of the Institute not otherwise provided for by this Act, the Sta tutes and the Ordinances, and shall have the power to review the acts of the Academic Council and Finance Commit tee. (2) Without prejudice to the provisions of sub-section (1), the Executive Council shall- (a) take decisions on questions of policy relating to the administration and working of the Instit ute; (b ) lay down policy regarding the dura tion of the courses, nomenclatur e of the degrees and other distinctions to b e conferred by the Institute; (c) institute courses of study and lay down standards of proficiency and other a cademic distinctions in respect of t he cour ses offered by the Institute; (d) lay down, with prior approva l of the Centr al Government, the policy regarding the cadre structure, qualification, the method of recruitment and conditions of service of the teaching and r esearch faculty as well as other employees of the Instit ute; (e) guide resource mobilisation of the Institute and to lay down policies for utilisation; (f) consider and approve proposals for ta king loans for purposes of the Institute with or without the security of the property of the Institute;(g) make Statutes and to alter, modify or rescind the same; (h) cons ider and pass resolutions on annua l repor t, annual accounts and the budget estimates of the Institutes for the next financia l year a s it thinks fit together with a statement of its development plans; and (i) do all such things, not specifica lly covered under clauses (a) to (h), as may be necessar y, incidental or conductive to the attainment of all or a ny of the powers under this section. (3) The Executive Council shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of it s duties under this Act. (4) The Executive Council may, by a specific resolution to this effect, delegate any of its powers and duties to the Cha irperson, Director, any officer or any authorit y of the Institute subject to reserving the right to review the action that may be taken under such delegated author ity. 16. (1) The Academic C ouncil shall be the principa l academic body of t he Instit ute and shall, subject to the provisions of this Act, the Sta tutes a nd the Ordinances, co-ordinate and exercise general supervision over the academic policies of the Institute. (2) The Academic Council shall consist of the following, namely:— (a) Director-Chairman ex officio; (b) one head of an academic instit ution of national importance to be nominated by the C hairperson; (c) one Dir ector fr om any of the Indian Institute of Technology or the Indian Institute of Management to be nominated by the Chairperson; (d) Member in-charge of Youth Affairs in the Planning Commission of India ex officio; Powers and functions of Executive Coun cil. Academic Coun cil. 20 25 30 35 40 45 5 10 15- 7 -Ex-354/2013 (e) one person fr om any international non-governmental organisation wor king in India in the field of youth work to be nominated by the Chairperson; (f) two repr esentatives fr om the non-governmenta l industrial sector to be nominated by the Chairperson; (g) one Professor from the Institute, on rota tion ba sis;(h) Director of the Lal Ba hadur Shastr i National Academy of Administration, Mussorie, ex officio; (i) two persons from non-governmental organisa tions working in the field of youth and adolescent development out of whom one person shall be from the north-eastern r egion, t o be nominated by the Chairperson; (j) two students of the Institute out of whom one student shall be female; (k) thr ee eminent a ca demicia ns from among t he fields of Socia l Science, Health Science, Agricultural Science, Skill Development, Mana gement a nd Law to be nominated by the Chairperson; (l) one woman r epresent ative from the International Development Orga nisation to be nominated by the Chairperson; (m) an officer not below the rank of Joint Secretary to the Government of India dealing with the affairs of the Institute in the Union Ministr y of Youth Affa irs and Sports, ex officio. (3) The term of office of members of the Academic Council and its powers shall be such as may be provided by the Statutes. (4) While nominating the members of the Aca demic Council due repr esentation sha ll be given to women (by including a t least four women), from different regions of the country, weaker sections of the community and differently abled persons. 17. Subject to t he provisions of this Act, the Statutes and the Ordinances, the Academic Council shall have the control and general regulation, and be responsible for the framing of the Ordinances, maintenance of standards of instruction, education and examination in the Institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. 18. (1) There shall be a Finance Commit tee of the Ins titute which s hall be the principal financia l body of the Institute. (2) The Finance Committee shall consist of the following, namely:— (a) Director-Presiding Officer of the Finance Commit tee; (b) Joint S ecretary and Financial Adviser in the Union Ministr y of Youth Affairs and Sports; (c) Registrar of the Institute;! (d) one Professor of the Institute on rotation basis, as may be nominated by the C hairperson; (e) one Member from the Executive Council to be nominated by the Chairperson; (f) Joint Secretary in the Ministry of Youth Affairs and Sports dealing with the affairs of the Institute; (g) the Finance Officer of the Institute—Member-Secret ary. Functions of Academic Coun cil. Finan ce Committee.20 25 30 35 40 45 50 55 - 8 - Ex-354/2013 (3) The term of office of members of the Finance Committee a nd its powers shall be such as may be provided by the Statutes. (4) While nominating the members of the Aca demic Council due repr esentation sha ll be given to women, different regions of the country, weaker sections of the community and differently abled persons. 19. T he Fi nance Commi t t ee shal l per f or m t he f ol l ow i ng f unct i ons, namel y : — ( a) t o scr ut i ni se t he account s and budget est i mat es of t he I nst i t ut e and t o mak e r ecommendat i ons t o t he Ex ecut i v e Counci l ; ( b) t o scr ut i ni se t he pr oposal s f or new ex pendi t ur e on account of maj or w or k s on pur chases; ( c) t o scr ut i ni se r e- appr opr i at i on st at ement s and audi t not es and mak e r ecommendat i ons t her eon t o t he Ex ecut i v e Counci l ; ( d) t o r ev i ew t he f i nances of t he I nst i t ut e f r om t i me t o t i me and hav e concur r ent audi t conduct ed w henev er necessar y ; and ( e) t o gi v e adv i ce and mak e r ecommendat i ons t o t he Ex ecut i v e Counci l on any f i nanci al quest i ons af f ect i ng t he af f ai r s of t he I nst i t ut e. 20. T he const i t ut i on, pow er s and f unct i ons of t he ot her aut hor i t i es, as may be decl ar ed by t he St at ut es t o be aut hor i t i es of t he I nst i t ut e, shal l be such as may be provi ded by the Statutes. CHAPTER IV OFFICERSOFTHE INSTI TUTE 21. The Institute shall consist of t he following officer s, namely:— (a) the Director; (b) the Registrar; and (c) such other officers as may be declared by the Statutes to be the officers of the Institute. 22. (1) The Director of the Ins titute shall be appointed by the Visitor for a period of t hree years in the manner specified in sub-sections (2) and (3) on such terms and conditions of service as may be provided by the Statutes: Provided that the first Director shall be appointed by the Central Government on such terms and conditions as it deems fit, for a period not exceeding six months from the appointed day. (2) The Director shall be appointed by the Visitor from a panel of three persons with outsta nding a cademic qualifications as recommended by a Search Committee constituted by the Central Government for that purpose. (3) The Search Committee referred to in sub-section (2 ) shall consist of three members, one each to be nominated by the Executive C ouncil, the Central Government and the Visitor. (4) The Director shall be the principal academic and executive officer of the Institute and shall be responsible for the proper a dministration a nd academic performance of the Institute and for imparting of instruction and maintenance of discipline therein. (5) The Dir ector shall submit annual report and audit ed accounts of the Institute to the Executive Council and the Central Government and the Central Government shall thereupon cause the same to be laid before each House of Parliament.Functions of Finan ce Committee. Other authorities. Officers of Institute. Direct or. 5 10 15 20 25 30 35 40 45- 9 -Ex-354/2013 (6) The Dir ector s hall exercise such other powers and perform such other duties as ma y be assigned to him by the Act, the Statutes and the Ordinances. 23. (1) T he Registrar of the Institute shall be appointed in such manner and on such terms a nd conditions a s may be provided by the Statutes and shall be the cu stodia n of r ecords, common seal, the funds of the Institute and such other property of the Institute as the Executive Council shall commit to his cha rge. (2) The Registrar shall act as the Member-Secretary of the Executive Council, the Academic Council and such committees as may be provided by the Statutes. (3) The Registrar shall be responsible to the Director for the proper discharge of his functions. (4) The Registr ar shall have such other powers and perform such other duties as may be assigned to him by this Act, the Statutes or by the Director. 24. The manner of appointment, emoluments, powers and duties of the other officers of the Institute shall be such a s may be provided by the Statutes. CHAPTER V FINANCE,ACCOUNTSANDAUDIT 25. The Central Government may, after due appropr iation made by Parlia ment by law in this behalf, pa y to the Instit ute in each financial year such sums of money and in such manner as it may think fit for being utilised for the purposes of this Act. 26. ( 1) The Institute shall maintain a Fund to which shall be credited— (a) all monies provided by the Central Government; (b) all fees and other char ges levied and collected by the Instit ute; (c) all monies received by the Institute by way of grants, gifts, dona tions, benefactions, bequests or tra nsfers; and (d) all monies received by the Ins titute in any other manner or from any other source. (2) All monies credited to the Fund sha ll be deposited in such banks or invested in such ma nner as may be decided by the Executive Council. (3) The Fund shall be applied towa rds meeting the expenses of t he Institute including expenses incurr ed in the exercise of its powers and discharge of its duties under this Act. 27. Without prejudice to the provisions conta ined in section 26, the Institute may,— (a) set up an endowment fund with an amount of one hundred crore rupees to be maintained in the Public Account and any other fund for a specified purpose; and (b) transfer monies from its fund to the endowment fund or any other fund. 28. (1) The Institute shall maintain proper a ccounts and other relevant records and prepare an annual statement of accounts, including the balance sheet, in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. Registrar. Other Officers. Grants by Central Government. Fund of Institute. Endowment or other funds. Accounts and audit.50 55 5 10 15 20 25 30 - 10 - Ex-354/2013 (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with t he audit of the accounts of the Institute shall have the same rights, privileges and a uthority in connection with such audit a s the Comptroller and Auditor-General of India has in connection wit h the a udit of the Government accounts, and, in particular, shall have the right to demand the pr oduction of books, a ccounts, connected vouchers a nd other documents a nd papers and to inspect the offices of the Instit ute.(4) The accounts of the Institute as certified by the Comptroller and Auditor- General of India or any other person appointed by him in this behalf t ogether with the audit r eport thereon shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid befor e each House of P arliament. 29. (1) The Ins titute shall constitute for t he benefits of its employees, inclu ding the Director, such pension, insurance a nd provident fund scheme as it may deem fit, in such manner and subject to such conditions as may be provided by the Statutes. (2) Where a ny such provident fund has been so constituted, the Central Government may declare tha t the pr ovisions of the Provident Funds Act, 1925 shall apply to such fund a s if it were a Government Provident F und. 30. All appointments of the sta ff of t he Institute, except that of the Director, shall be made with the prior approval of the Central Government and in accordance with the procedure laid down in the Statutes,— (a ) by the Executive Council, if the appoint ment is ma de on the aca demic staff in the post of Assista nt Pr ofessor or a bove or if the appointment is made on the non-a cademic staff in any cadre, the maximum of the pay-scale for which is the same or higher than t hat of a n Assistant Pr ofessor ; a nd (b) by the Director, in any other case. 31. Subject to the provisions of this Act, the Sta tutes may provide for all or any of the following matters, namely:— (a) the formation of departments of teaching and other academic units; (b) the institution of fellowships, schola rships, exhibitions, medals and pr izes; (c) the classification of posts, terms of office, method of appointment, powers and duties a nd other terms and conditions of service of the officers of t he Institute including the Cha irperson, the Director, the Registrar and such other officers as may be declared as officers of the Institute by the Statutes; (d) the constitution, powers and duties of the authorities of the Institute referred in clause (c) of section 11; (e) the delegation of powers vested in the authorities or officers of the Institute;Pension and provident fun d. Appointment of staff of Institute. Power to make Statutes. 19 of 1925.35 40 45 50 5 10 15- 11 -Ex-354/2013 (f) the code of conduct, disciplinar y actions thereto for misconduct including removal from service of employees on account of misconduct and the procedure for appeal against the actions of an officer or authority of the Institute; (g) the conferment of honor ary degr ees; (h) the establishment and maintenance of halls, residences and hostels; (i) the authentication of the orders and decisions of the Executive Council; (j) any other matter which by this Act is to be, or may be, provided by the Statutes. 32. (1) The first Statutes of the Institute shall be framed by the Central Government with the approval of t he Visit or, and a copy of the same shall be laid as soon as may be, after it is made, before each House of Parliament. (2)Without prejudice to the pr ovisions cont ained in sub-section ( 1), the Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided. (3) A new Statute or addition to the Sta tutes or any a mendment or repeal of a Statute shall requir e the previous approval of the Visitor who may assent thereto or withhold such assent or remit it to the Executive Council for consideration. (4) A new Statute or a St atute a mending or repealing an existing Sta tute shall have no validity unless it ha s been assented to by the Visitor. 33. Subject to the provisions of this Act and the Statutes, the Ordinances of the Institute may provide for all or any of the following matters, namely:— (a) the admission of the students to the Instit ute; (b) the reservation in admission to various courses or progra mmes of the Institute for the Scheduled Castes, the Scheduled Tribes and other categories of persons; (c) the courses of study to be laid down for all degrees, diplomas and cert ificates awarded by the Instit ute; (d) the conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the Institute and the eligibility conditions for awarding the same; (e) the conditions of award of fellowships, scholarships, exhibitions, medals and pr izes; (f) the conditions and manner of appointment and duties of examining bodies, examiners and moderators; (g) the conduct of examinations; (h) the maintenance of discipline among the students of the Instit ute; (i) the fees to be charged for courses of study in the Instit ute and for admission t o the examinations of degrees of the Instit ute; (j) the conditions of residence of students of the Institute and the levying of the fees for residence in the halls and hostels and of other charges; and (k) any other matter which by this Act or the Statute is to be, or may be, provided by the Ordinances. 34. (1) Save as otherwise provided in this section, Ordina nces shall be made by the Academic Council. Statutes how to be made. Power to make Ordinances. Ordin ances how to be made.20 25 30 35 40 45 50 5 - 12 - Ex-354/2013 (2) All Ordinances made by the Academic Council shall have effect from such date a s it ma y direct, but every Ordinance so made shall be submitted, as soon as may be, to the Executive Council and sha ll be consider ed by the Executive Council at its next succeeding meeting. (3) The Executive Council shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, a s the case may be. 35. The authorities of the Institute may have their own rules of p rocedure, cons istent with the provisions of this Act , the Statutes and the Ordina nces for the conduct of their own business and that of the committees, if any, a ppointed by them and not provided for by this Act, the Statutes or the Ordinances.36. (1) Any dispute arising out of a contract between the Institute and any of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referr ed to a Tribuna l of Ar bitration consisting of one member appointed by the Institute, one member nominated by the employee, a nd an umpire appointed by the Visitor. (2) The decision of the Tribunal shall be fina l and shall not be questioned in any court. (3) No suit or proceeding shall lie in any court in respect of any matter, which is r equired by sub-section (1) to be referr ed to the Tribunal of Arbitration. (4) The Tribunal of Arbitration shall have power to regulate its own procedure. (5) Nothing contained in any law for the time being in force relating to arbitration shall a pply to arbitr ations under this section. CHAPTER VI MISCELLANEOUS 37. No a ct of the Institute or Executive Council or Academic Council or any other body set up under this Act or the Statutes, sha ll b e invalid merely by reason of— (a) any vaca ncy in, or defect in the constitution thereof; or (b) any defect in the election, nomina tion or appointment, of a person acting as member thereof; or (c) any irregular ity in its procedure not affecting the merits of the ca se. 38. Notwithstanding anything contained in the University Grants Commission Act, 1956 or any other law for the time being in force, the Institute shall have power to gr ant degrees and other academic distinctions and tit les under this Act: Provided tha t the nomencla ture of any degree to be granted by t he Institute shall be notified by the University Grants Commission with the prior approval of the Central Government. 39. Notwithstanding a nything contained in t his Act , whenever the Institute receives funds from any Government, the Universit y Gr ants Commission or any other agency including indu str y sp onsoring a research scheme, a consultancy assignment, a teaching programme or a chaired professorship or a scholarship, to be executed or endowed a t the Institu te,—Conduct of business by authorities of Institute. Tribunal of Arbitration. Acts and proceedin gs not to be invalidated by vacancies. Gran t of degrees, etc. by Institute. Spon sored schemes. 3 of 1956. 4010 15 20 25 30 35 5- 13 -Ex-354/2013 (a) the amount received shall be kept by the Institute separately from the fund of the Institute and utilised only for the purpose of the scheme: Provided tha t any money remaining unutilised under this clause shall be transfer red to the endowment fund set up under section 27; and (b) the staff requir ed to execute the same shall be recruited in accorda nce wit h the terms a nd conditions stipulated by the sponsoring orga nisation with prior approval of the Central Government: Provided that the principles laid down in the General Financial Rules, 2005 shall be followed for approval of sponsored schemes funded by the Centr al Government. 40. The Academic Council and the Finance Committee shall meet at such times and follow such procedure, in its meetings (including quorum at such meetings) as may be provided by the Statutes. 41. (1) The Central Government may give such directions, as it may deem necessar y, to the Instit ute for the effective adminis tra tion of this Act and the Institute shall comply wit h such directions. (2) In case of dispute between the Instit ute and the Central Government, in connection with the exercise of its powers and dischar ge of it s funct ions by the Institute under this Act, the decision of the Central Government on that dispute, shall be final. 42. No suit or other legal proceedings shall lie against any officer or employee of t he Institute for anything which is in good fa ith done or int ended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances. 43. (1) The Central Government may, by notification, make rules t o carry out the provisions of this Act. (2) In particular and without prejudice to the generalit y of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner in which the books of account of the Institute shall be maintained under sub-section ( 1) of section 28; (b) any other matter which is requir ed to be, or may be, prescribed. 44. (1) Every rule made by the Central Government and every Statute and ever y Ordinance ma de or notification issued under this Act sha ll be p ublished in the Official Gazette. (2) Every rule made by the Central Government, ever y Statute and every Ordinance made or notifica tion issued under this Act sha ll be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a tota l period of thirty da ys which may be compr ised in one session or in two or more successive sessions, and if, befor e the expiry of the session immediately following t he sess ion or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or notification or both Houses agree that the Statute, Ordinance or notification should not be made or issued, the Statute, Ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without pr ejudice to the validity of a nything previously done under that S tatute, Ordinance or notification. Meetings of Academic Council and Finan ce Committee. Power of Central Governmen t to give directions to Institute. Protection of action taken in good faith. Power to make rules. Statutes, Ordin ances and notifica- tions to be published in Official Gazette and to be laid before Parliament.10 15 20 25 30 35 40 45 - 14 - Ex-354/2013 (3) The power to make the Statutes, Ordinances or notifications shall include the power t o give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances, notifications or any of them but no retrospective effect shall be given to any Statute, Ordinance or notification so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or notification may be applica ble. 45. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions or give such dir ections not inconsistent with the provisions of this Act, as a ppears it to be necessary or expedient for removing the difficu lty: Provided tha t no order sha ll be ma de under this section after the expir y of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, befor e each House of Parliament. 46. Notwithstanding anything contained in this Act,— (a) the Advisory Board and the Executive Council of the existing Institute functioning as such immediately befor e the commencement of this Act shall continue to so function until an Executive Council is constituted for the Institute under this Act, but on the cons titution of a new Executive Council under this Act, the members of the Advisory Board and Executive Council holding office before such constitution shall cease to hold office; and (b) until the first Statutes and the Ordinances are made under this Act, the Sta tutes and the Or dinances of the existing Instit ute, or notifica tion as in force, immediately before the commencement of this Act, shall continue to apply to the Institute in s o far a s they are not inconsistent with the provisions of this Act.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Power to remove difficulties. Transitional provisions. 5 10 15 20 25- 15 -Ex-354/2013

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Tuesday 9.7.2013 Asadha 18, S.E. 1935, Issue No.356 NOTIFICATIONNo. H.12017/55/2012-LJD, the 4th July, 2013.The following Central Act is hereby republished for general information. The All-India Institute of Medical Sciences (Amendment) Act, 2012. Act No. 37 of 2012. Zahmingthanga, Deputy Secretary to the Govt. of Mizoram. (AS PASSED BY THE HOUSES ACT PARLIAMENT) AN ACT further to amend the All-India Institute of Medical Sciences Act, 1956. BE it enacted by Parliamentary in the Sixty-third Year of the Republic of India as follows:- 1. (1) This Act may be called the All-India Institute of Medical Sci- ences (Amendment) Act, 2012. (2) It shall be deemed to have come into force on the 16th day of July, 2012. 2. In the All-India Institute of Medical Sciences Act, 1956 (herein- after referred to as the principal act), in the long title, for the words “an All- India Institute of Medical Sciences”, the words “All-India Institutes of Medical Sciences” sha ll be substituted. 3. In section 1 of the principal Act, in sub-section (1), for the words “All-India Institute of Medical Sciences”, the words “All-India Institutes of Medical Sciences” shall be substituted. 4. In section 2 of the principal Act-Short title and commencement Amendment of long title Amendment of section 1. Amendment of section 2. (A) for clause (a), the following clauses shall be substi tuted, namely:- ‘(a)”corresponding Institute” means the Institutes refer- red to in column (3) of the Table given under section 27A; (aa) “existing Institute” means the All-India Institute of Medical S ciences,- (i) established under sub-section (1) of section 3 before the commencement of the All-India Institute of Medi- cal Sciences (Amendment Act, 2012; and (ii) located at New Delhi, as required under sec- tion 12 as it stood before such commencement; (ab) “Fund” means the Fund of the Institute referred to in section 16,.1. ; (B) in clause (c), after words and figure “under section 3”, the words, brakets and figure “and includes the corresponding Institutes and other In- stitutes which may be established on and after the commencement of the All-India Institute of Medical Sciences (Amendment Act, 2012” shall be inserted; (C) after clause (f), the following clause shall be inserted at the end, namely:- ‘(g) “society” means the society referred to in clolumn (2) of the Table given under section 27A,’. 5. In section 3 of the principal Act,- (a) in sub-section (1), the following proviso shall be inserted, namely:- Provided that the Central Government may, on and after the com- mencement of the All-India Institute of Medical Sciences (Amendment Act, 2012, establish by notification in the Official Gazette, such other All-India Institute of Medical Sciences at such places as it may specify in the said notification in addition to the existing Institute and the corresponding Insti- tutes.”; (b) in sub-section (2), for the words “The Institute”, the words “Ev- ery Institute” shall be substituted. 6. In section 4 of the principal Act,- (i) in the opening portion, for the words “The Institute”, the words “Every Institute” shall be substituted; (ii) for clause (a), the following clauses shall be substituted, namely:- “(a) in the case of existing Institute, the Vice-Chancellor of the Delhi University,ex officio; (aa) in the case of every other Institute established on and after the commencement of theAll-India Inst itute of Medical Sciences Amendment of section 3. Amendment of section 4.Ex-356/20132 (Amendment Act, 2012,the Vice-Chancellor of a University situated in a State in which such Institute has been established after such commencement and such Vice-Chancellor shall be nominated by the Central Government;”. 7. For section 5 of the principal Act, the following section shall be substi- tuted, namely:- “5. (1) It shal hereby declared that the existing Institute declared as an institution of national importance, before the commencement of the All- India Institute of Medical Sciences (Amendment) Act, 2012, under section 5 as it stood before such commencement, shall continue to be an institution of national importance. (2) It is hereby declared that every corresponding Institute shall be an institution of national importance. (3) It is hereby declared that every Institute established under the proviso to sub-section (1) of section 3, on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, shall be an institution of national importance.”. 8. In section 7 of the principal Act, in sub-section (1),- (a) for the words “President of the Institute”, the words “President for every Institute” shall be substituted; (b) the following proviso shall be inserted, namely:- “Provided that the President of the existing Institute shall also be the President of every corresponding Institute and other In stitutes established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, till such date the Cent ra l Government nomina tes a separ ate Pr esident for every corresponding Institute and other Institutes established after such commencement.”. 9. In section 8 of the principal Act,- (a) for the words “from the Institute”, the words “from the Institute of which they are the President and members” shall be substituted; (b) the following proviso shall be inserted, namely:- “Provided that in case a person is a President of two or more Institute, the allowances shall be borne by the Institutes in such proportion as may be prescribed by rules.”. 10. In section 9 of the principal Act,- (a) for words “The Institute shall”, the words “Every Institute shall” shall be substituted; (b) for the words “the Institute shall meet”, the words “every Insti- tute shall meet” shall be substituted; (c) the following proviso shall be inserted, namely:- Substitution of new section for section 5. Seclaration of Institutes as institution of nation impor- tance. Amendment of section 7. Amendment of section 8. Amendment of section 9. Ex-356/2013 3 “Provided that the provisions relating to holding of the first meeting shall not apply to the existing Institute.”. 11. In section 10 of principal Act,- (a) in sub-section (1),- (i) for the words “a Governing Body of the Institute which shall be constituted by the Institute”, the words “separate Govern- ing Body for every Institute which shall be constituted by such In- stitute” shall contituted by such Institute” shall be substituted; (ii) the following proviso shall be inserted, namely:- “Provided that the Governing Body of the existing Institute, constituted before the commencement of the All- India Institute of Medical Science (Amendment) Act, 2012, shall be deemed to have been constituted under this section.”; (b) in sub-section (2) and (3), for the words “the Institute”, the words “every Institute” shall be substituted; (c) in sub-section (5),- (i) for the words “the Institute may constitute”, the words “every Institute may constitute” shall be substituted; (ii) for the words “functions of the Institute”, the words “funtions of such Institute” shall be substituted; (d) in sub-section (6),- (i) for the words “members of the Institute; but an ad hoc committee may include persons who are not members of the Insti- tute”, the words “Members of every Institute; but an ad hoc com- mittee may include persons who are not members of such Institute” shall be substituted; (ii) the following proviso shall be inserted, namely,- “Provided that the Standing Committee of the ex- isting Institute constituted, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, shall be deemed to have been constituted under this section.”. 12. In section 11 of the principal Act, in sub-section (1),- (a) for the oards “chief executive officer of the Institute”, the words “chief executive officer of ever y Institute” sha ll be substituted; (b) for the words “Director of the Institute”, the words “Director of such Institute” shall be substitute; (c) for the proviso, the following proviso shall be substituted, namely:- “Provided that the Director of every Institute (other than the existing Institute) established on and after the commencementAmendment of section 10. Amendment of section 11.Ex-356/20134 of the All-India Institute of Medical Science (Amendment) Act, 2012, shall be appoint by the Central Government: Proveded further that in case a Director of a society has been appointed by the Central Government before the commencement of the All-India Institute of Medical Science (Amendment) Act, 2012, such Diretor shall be deemed to be the first Director of the concerned corresponding Institute.”. 13. For section 12 of the principal Act, the following section shall be substituted namely:- “ 1 2 (1) T he ex is t ing Ins t it u t e s ha ll b e loc a t ed a t New D elhi. (2) All corresponding Institutes shall be located at the places mentioned in column (3) of the Table given under section 27A. (3) All Institutes [other than the existing Institute and cor- responding Institutes referred to in sub-sections (1) and (2)] shall be located at such places as the Central Government may, be notifi- cation in the Official Gazette, specify.”. 14. In section 13 of the principal Act, in the opening portion, for the words “the Institute”, the words “every Institute” shall be substituted. 15. In section 13 of the principal Act, in the opening portion, for the words “the Institute”, the words “every Institute” shall be substituted. 16. In section 13 of the principal Act, in the opening portion, for the words “the Institute”, the words “every Institute” shall be substituted. 17. In section 16 of the principal Act, in sub-section (1),- (i) for the words “The Institute”, the words “Every Insti- tute” shall be substituted; (ii) after clause (d), the following proviso shall be inserted, namely:- “Provided that the Fund maintained by the existing Insti- tute and the society, before the commencement of the All-India In- stitute of Medical Sciences (Amendment) Act, 2012, shall be deemed to be the Fund maintained under this section.”. 18. In section 17 of the principal Act,- (a) for the words “The Institute shall prepare”, the words “Every Institute shall prepare” shall be substituted; (b) for the words “expenditure of the Institute”, the words “expenditure of the concerned Institute” shall be substituted. 19. In sections 18 and 19 of the principal Act, for the words “The Institute” and “the Institute”, wherever they occur, the words “Every Insti- tute” and “ever y Institute’ sha ll, respectively, be substituted. Substitution of new section for section 12. Location of Institutes Amendment of section 13. Amendment of section 14. Amendment of section 15. Amendment of section 16. Amendment of section 17. Amendment of section 18 and 19. Ex-356/2013 5 20. In section 20 of the principal Act, in sub-section (1),- (a) for the words “The Institute”, the words “Every Insti- tute” shall be substituted; (b) the following proviso shall be inserted, namely:- “Provided that the pension an dprovident fund con- stituted b y the existing Instit ute or society, before t he commencement of the All-India Institute of Medica l Sci- ence (Amendment) Act, 2012, sha ll be deemed to be the pension and provident fund under this section.”. 21.In section 21 of the principal Act,- (a) for the words “decisions of the Institute”, the words “decisions of every Institute” shall be substituted; (b) for the words “officer of the Institute”, the words “of officer of every Institute” shall be substituted. 22. In sections 22, 23, 24,24, 25, and 27 of the principal Act, for the words “T he Institute” and “the Institute”, wherever they occur, the words “Every Institute” and “every Institute” shall, respectively, be substituted. 23. After section 27 of the principal Act, the following sections shall be inserted, namely,- “27A. Each of the Institute, registered as society under the Societies Registration Act, 1860 and mentioned in column (2) of the Table below shall be a body corporate having perpetual succes- sion and common seal and shall by its name mentioned in column (3) of that Table, sue and be sued: TABLE LIST OF SOCIETIES INCORPORATED AS ALL-INDIA INSTITUTES OF MEDICAL SCIENCES SerialSocietyCorresponding Institute and place Numberof its location (1)(2)(3) 1. All-India Institute of MedicalAll-India Institute of Medical Sciences, BhopalSciences, Bhopal (Madhya Pradesh) 2. All-India Institute of MedicalAll-India Institute of Medical Sciences, BhubaneswarSciences, Bhubaneswar (Odisha). 3. All-India Institute of MedicalAll-India Institute of Medical Sciences, JodhpurSciences, Jodhpur (Rajasthan). 4. All-India Institute of MedicalAll-India Institute of Medical Sciences, PatnaSciences, Patna (Bihar)Amendment of section 20. Amendment of section 21. Amendment of section 222, 23, 24, 25 and 27. Insertion of new sections 27A, 27B, 27C and 27D. Incorporation of Institute registered as society under the Societies Registration Act, 1860. 21 of 1860.Ex-356/20136 5. All-India Institute of MedicalAll-India Institute of Medical Sciences, RaipurSciences, Raipur (Chhattisgarh). 6. All-India Institute of MedicalAll-India Institute of Medical Sciences, RikhikeshSciences, Rishikesh (Uttarakhand). 27B. (1) On and after the commencement of the All-India Insti- tute of Medical Science (Amendment) Act, 2012, (a ) any reference to a society in any law, other tha n this Act, or in any contract or other instrument, shall be deemed as a reference to the corresponding Institute; (b) all property, movable and immovable, of or belonging to a society shall vest in the corresponding Institute; (c) all the rights and liabilities of a society shall be trans- ferred to, and be the rights and liabilities of, the corresponding Institute; (d) subject to the provisions of this Act, every person (in- cluding Director, officers and other employees) who is employed in the soci- ety, immediately before the commencement of the All-India Ins tit ute of Medical Sciences (Amendment) Act, 2012, shall, on and after such com- mencement, become an employee of the corresponding Institute and shall hold his office or service therein by the same tenure, at the same remunera- tion and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of the commencement of the All- India Institute of Medical Science (Amendment) Act, 2012, as if the said Act had not been promulgated, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disavantage without the previous approval of the Central Government; (e) the governing body of every society, shall, from the date of con- stitution of the Governing Body under sub-section (1) of section 10, stand dissolved and no chaiperson or other person shall be entitled to any compen- sation for the premature termination of the term of his office or of any con- tract of service; (f) all committee (including Standing Committee, if any) of the so- ciety shall stand dissolved; (g) any examination conducted by the existing Institute for admis- sion of candidates of award of medical degrees and diplomas by such soci- ety shall be valid examination and be deemed to have been conducted by the corresponding Institute. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, absorption of any employee by the corresponding Institutes in its regular service under this section shall not entitle such employee to any compensation under this Act or any other law and no such claim shall be entertained by any court, tribu- nal or other authority.Effect of incorporation of Institutes.Ex-356/2013 7 27C. All provisions of this Act shall, mutatis mutandis, apply to the societies, referred to in column (2) of the Table given under section 27A, incorporated into All-India Institutes of Medical Sciences referred to in col- umn (3) of the said Table. 27D. (1) The Central Government may, if it is of the opinion that certain measures are required for speedy and effective functioning of corre- sponding Institute (other than the existing Institute(, by notification in the Official Gazette, specify such measures as it may consider necessary for the smooth and effective functioning of such Institutes: Provided that no such notification shall be issued under this sec- tion, after the expiry of a period of two years from the date of commence- ment of the All-India Institute of Medical Science (Amendment) Act, 1012. (2) Every notification issued under this section shall be laid, as soon as may be after it is made, before each House of Parliament.”. 24. In section 28 of the principal Act,- (a) in sub-section (1), for the words “the Institute”, the words “all the Institute” shall be substituted; (b) in sub-section (2),- (i) for the words “the Institute”, wherever they oc- cur, the words “every Institute” shall be substituted; (ii) after clause (a), the following clause shall be inserted, namely:- “(aa) the proportion of allowances of the President to be borne by the Institutes under the proviso to section 8;”. 25. In section 29 of the principal Act,- (a) in sub-section (1),- (i) in the ipening portion, for the words “The Institute”, the words “Every Institute” shall be substituted; (ii) after clause (n), the following proviso shall be inserted, namely:- “Provided that the regulations made by the existing Insti- tute, before the commencement of the All-India Institute of Medical Sci- ences (Amendment) Act, 2012, shall continue to be the regulations made under this section until such regulations are amended or rescinded by the existing Institute in accordance with the provisions of this section.”; Provisions of this Act to apply to societies incorporated into All-India Institutes of Medical Sciences under section 27A.14 of 1947. Power to make transitory provisions for Institutes (other than existing Institute). Amendment of section 28. Amendment of section 29. Ex-356/20138 (b) in sub-section (2), the following proviso shall be inserted, namely:- “Provided that every corresponding Institute shall, within three months of the date of the commencement of the All-India In- stitute of Medical Sciences (Amendment) Act, 2012, make regula- tions.”. 26. (1) The All-India Institute of Medical Sciences (Amendment) Ordinance, 2012, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the princi- pal Act, as amended by this Act. Ord. 1 of 2012.Repeal and saving Ex-356/2013 9 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500

VOL - XLII Aizawl, Friday, 4.1.2013 Pausa 14, S.E. 1934, Issue No. 1Re. 2/- Per page RNI. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008The Mizoram Gazette Published by AuthorityNo.A.12031/3/2010-P&AR(GSW)/Loose, the 4th January,2013 : In exer cise of the powers conferred by the proviso to Article 309 of the constitution of India and in the interest of Public service, the Governor of Mizoram is pleased to relax relevant provision of the Mizoram Education & Human Resources Develop- ment Department (Group ‘A’ post) Recruitment Rules, 2004 relating to the post of Hindi Propagation Officer (HPO) as a one time measure in favour of 4(four) Assistant Hindi, Propagation Officer (AHPO) whose services fall short of the required length of service for promotion to the post of Hindi Propagation Officer (HPO) as on the crucial date 1.4.2012 as indicated below:- SI.Length of short fall in service No.Name of incumbentrequiring relaxation 1.Lalchungnunga28 days 2.Malsawma Pautu28 days 3.Lalhmingtha ngi28 days 4.P.C. Lalrampana3 months 15 days This issue in consultation with the Mizoram Public Service Commission (MPSC) vide their letter No.A-5/LL/92-MPSC dated 20.12.2012 R. Lalremsanga, Under Secretary to the Government of Mizoram, Department of Personnel & Administrative Reforms, (General Service Wing). Government of Mizoram PA RT - I Appointments, Postings, Transfers, Powers, Leave and Other Personal Notices and Orders. (ORDERS BY THE GOVERNOR) NOTIFICATIONS R-1/20132 No.J.12013/12/2005-POL/59, the 4th January, 2013.In exercise of the power s conferred under Sec- tion 19(1) of the Right to Information Act, 2005 (No.22 of 2005) and in the interest of public service, the Governor of Mizoram is pleased to designate Pu Lalthuamliana, Joint Secretary, Political & Cabinet De- par tment as the Appellate Authority for the purpose of the said Act , in respect of Polit ical & Cabinet Department with immediate effect and until further orders. His address & contact No.are as given below:- Lalthuamliana Joint Secretary to the Govt. of Mizoram, Political & Cabinet Department. Room No. 326, New Sectt. Building, New Sectt. Complex, Khatla, Aizawl, Mizoram Contact No. 0389 2336006 (O) L. Tochhong, Chief Secretary to the Govt. of Mizoram. No.A.19015/370/2012-PAR (SSW)/2, the 4th January, 2013.On her attaining the age of 60 (sixty) years, the Governor of Mizoram is pleased to releasePi M. Sapchhingi,Superintendent, Directorate of Art & Culture Department from Government service on superannuation pension w.e.f. 31.12.2012 (A/N) C. Zothankhumi, Joint Secretary to the Govt. of Mizoram. No.A.22022/2/2012-HMP, the 4th January, 2013.In the interest of public service, the Governor of Mizoram is pleased to order transfer and posting of the following MPS Officers to the places shown against their names with immediate effect and until further orders. SI.NoName of OfficersFromTo 1.H. RamthlenglianaSP, F&ESSP., CID(SB) 2.C. LalthanmawiaSP., CID(SB)SP.,F&ES R. Lalremsanga, Under Secretary to the Government of Mizoram, Home Department. No.A.19020/41/2012-HFW, the 28th December,2012.On attaining the age of superannuation pension under Rule 35 of CCS (Pension) Rules, 1972, the Governor of Mizoram is pleased to release Pi Rozami Hmar, Nursing Superintendent, C.H.C., Saitual from service with effect from 31.12.2012.(A/N). Esther Lalruatkimi, Secretary to the Govt. of Mizoram, Health & Family Welfare Department. R-1/2013 3 No.A.12025/4/2008-PAR(SSW)/263, the 28th December, 2012.On the recommendation of the Mizoram Public Service Commission vide No.86/A/95-MPSC/Vol-II dated 21.08.2012 and in the interest of public service, the Governor of Mizoram is pleased to order promotion ofPi K. Vanlalrawni, Grade-IV of MSS, Under Secretary, DP&AR(ARW) toGrade-III of MSS (Deputy Secretary)in the PB 3 of Rs. 15,600-39,100 plus Grade Pay of Rs. 7,600/- p.m. plus all other allowances as admissible from time to time with effect from the date of taking over charge. On her promotion to Grade-III of MSS, the Governor of Mizoram is further pleased to postPi K.Vanlalrawni, as Deputy Secretary, School Education Department vice Pu Paul Remthanga retiring on superannuation pension w.e.f. 31.12.2012. The officer will draw her pay and allowances against the post of Deputy Secretary, School Education Vide creation No.A.11023/1/80-APT(B) dated 26.03.1982. Consequent upon the pr omotion of the a bove mentioned Officer, the Governor of Mizor am is further pleased to order transfer and posting ofPu C. Lalrosanga, Deputy Director(Admn), Information & Communication Technologyas Under Secretary, DP&AR(ARW)andParliamentary Affairs Department. He will draw his pay and allowance against the post of Under Secretary DP&AR (ARW) Vide creation No.A. 11013/4/87/-SAE dt. 06.11.1987 No.A.22012/39/04-P&AR(CSW), the 3rd January, 2013.In the interest of public service, the Governor of Mizoram is pleased to order transfer and posting of the following MCS Officers to the posts mentioned against their names. SI NamePresent PlaceNew place ofRemarks Noof postingposting 1. R. LalremsangaUnder Secretary,Deputy ResidentVice Home/ DP&ARCommissioner, (GSW)Guwahati.Joseph Lalrinawma promoted and posted as State Protocol Officer 2. La lnunhluaDeputy Director,Under Secretary,Vice LADHome/DP&AR (GSW)R. Lalremsanga Taking and handing over of charge shall be completed not later than first week of February, 2013 Chetan B. Sanghi, Commissioner & Secretary to the Govt. of Mizoram. R-1/20134 No.A.32013/2/2009-PHE, the 28th December,2012.The Governor of Mizoram is pleased to regular- ize the officiating appointment of the following Officers as Executive Engineer (Engineering Grade-IV) issued under the Department’s Notification of even No.Dt. 27.10.2011 in the scale of pay of PB.3 Rs. 15,600-39,100/-+ G.P Rs. 6600/- pm plus all other allowances as admissible under Rules from time to time with effect from 27.10.2011. On regularization of their officiating appointment they will continue to hold the same post until further orders. 1. Pu Lalropuia Hmar 2. Pu H. Lallianmawia NoA.32013/2/2009-PHE, the 28th December, 2012.The Governor of Mizoram is pleased to regular- ize the officiating appointment of the following Officers as Superintending Engineer (Engineering Grade- III) issued under Department’s Notification of even No.Dt. 10.3.2010 in the scale of pay of PB.4 Rs. 37400- 67000/- G.P Rs. 8700/- pm plus all other allowances as admissible under Rules from time to time with effect from 10.3.2010. On regularization of their officiating appointment, they will continue to hold the same post until further orders. 1. Pu Lalrothanga 2. Pu Anup Chhetry C. Chawng hnuna, Joint Secretary (T ) to the Govt. of Mizoram, Public Health Engineering Deaprtment. No.A.31012/3/96-PERS(B), the 28th December,2012.On satisfactory completed of 2 (two) years pro- bationary period and passing Departmental Examination, the Governor of Mizoram is pleased to confirm Pu Mark Lalthanliana to the Mizoram Civil Service under Rule 18 of MCS Rules, 2000 with effect from 05.09.2012 The pay and increments in respect of the said Officer will be regulated under Audit Instruction (4) below F.R.26. C. Zothankhumi, Joint Secretary to the Government of Mizoram. No.A.22018/4/12-HTE/Pt/6, the 3rd January, 2013.In the interest of public service, the Governor of Mizoram is pleased to transfer 1 (one) post of Lecturer, Department of Public Administration, Govt.J.Buana College created vide Notification No.A. 11013/1/06-EDC/Loose-I dt. 31.10.2008 to Govt. Hrangbana Col- lege with immediate effect and until further orders. Cosequent upon the transfer of 1 (one) post of Lecturer, Department of Public Administration, Govt. J. Buana College, the Governor of Mizoram is further pleased to order transfer and posting of Pi Marie Zodinpuii, Assistant Professor, Department of Public Administration, Govt. J. Buana College (Pres- ently attached to Govt. Hrangbana College) to Govt. Hrangbana College at her own request with immediate effect and until further orders. No.TA/DA and joining time will be admissible as the transfer is made at her own request. K. Lal nghinglova, Commr. & Secretary to the Govt. of Mizoram. R-1/2013 5 No.A.32013/1/99-HORT (Pt), the 4th January, 2013.In the interest of public service and on the recom- mendation of the Mizoram Public Service Commission, the Governor of Mizoram is pleased to promote Pu Vanlalnuntluanga Renthlei, MHS Grade - IV to MHS Grade -III in the Scale of Pay of Rs 15,600 - 39, 100 + G.P 6,600 P.M plus all other allowances as admissible from time to time with immediate effect. The Governor of Mizoram is further pleased to post Pu Vanlalnuntluanga Renthlei as DHO / Deputy Director of Horticulture in Directorate of Horiculture with effect from the date of taking over charge and until further order. The officer will draw his pay and allowances against the sanctioned post of DHO Saiha. T. Sangkunga, Secretary to the Govt. of Mizoram, Horticulture Department. No.A.22012/1/99-LAD, the 4th January, 2013.In the interest of public service and until further orders, the Governor of Mizoram is pleased to order transfer and posting of the following Officers under LAD as indicated below with immediate effect. SI.No. Name of OfficersPresent place of postingNew place of posting 1.Pu H. LalchhuanawmaDLAO, LungleiDeputy Director Dir ector ate, LAD 2.Pu LalchawimawiaAttached to Directorate,DLAO, Lunglei LAD Biaktluanga, Secretary to the Govt. of Mizoram, Local Administration Department.Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-500.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Wednesday 12.6.2013 Jyaist ha 22, S.E. 1935, Issue No. 282 NOTIFICATIONNo. A. 12018/81/2011-P&AR(GSW), the 31st May, 2013. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram after consultation with the Mizoram Public Service Commission is p leased to make the following Rules further to amend the Mizoram Home Department (Group ‘A’ post) Recruitment Rules, 2001 (hereinafter referred to as the Principal Rules) regulating the method of recruitment to the post of Assistant Dir ector (Forensic Department) notified vide No. A. 12018/9/80-APT(B)/Vol/Pt dated 29.5.2001 published in the Mizoram Gazette Extraordinary Issue No. 112 dated 31.5.2001, namely :- 1.Amendment of Rule In the exis ting entries in Rule 1(1) of the Pr incipal Rules-Short title 1(1) of Principal and commencement, the following shall be substituted, namely :- Rules, short title and “(1) These Rules may be called the Government of M izoram Home Commencement (For ensic) Department (Group ‘A’ post) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette”. 2. Amendment of For the existing columns 1, 2, 7, 8, 11 and 12 of the Annexure-I of the Annexure-I Principal Rules, the following shall be substituted, namely :- “ C ol. 1 :Assistant Director (Serology) Assistant Director (Toxicology) Assistant Director (Chemistry) Assistant Director (Questioned Document) Assistant Director (Ballistics & Tool marks) Assistant Director (Finger Print) and other post as sanctioned from time to time. C ol. 2 :1 (one) post each of Col. 1 and as sanctioned from time to t ime C ol. 4 :PB-3 ^ 15600-39100/- with Grade pay of ^ 5400/- - 2 - Ex-282/2013Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500C ol. 7 :Between 18 and 35 years relaxable by 5 years in the case of Scheduled Castes/Scheduled Tribes candida tes. C ol . 8 : 1 (a )Assistant Director (Serology) :M. Sc with 55% marks in For ensic S cience (Specialized in Serology and Biology) or M.Sc with 55% marks in Bota ny/Zoology/ Bio-Technology/Bio-Chemistry/Micro-Biology/ Molecular Biology. (b)Assistant Dir ector (Toxicology) : M. Sc with 55% marks in Forensic Science (Specia lized in Toxicology and Chemistry) or M. Sc with 55% marks in Chemistry/ Toxicology/Pharmacology/Bio-Chemistry. (c)Assistant Director (Chemistry) : M. Sc with 55% marks in Forensic Science (Specia lized in Toxicology and Chemistry) or M. Sc with 55% marks in Chemistry/ Bio-Chemistry. (d)Assistant Director (Question Document) : M. Sc with 55% marks in Forensic Science (Specialized in Questioned Document) or M. Sc with 55% marks in Chemistry/Physics/Botany/Zoology. (e)Assistant Director (Ballistics and Tool marks) :M. Sc with 55% mar ks in Forensic Science (Specialized in Ballistics and Toolmarks) or M. Sc wit h 55% marks in Physics. (f)Assistant Dir ector (Finger Print) : M. Sc (in any subjects) with 55% mar ks & Expert certificate holder of AIBE (NCRB). 2. Working knowledge of Mizo langua ge at least Middle School standard. 3. Desirable : Wor king experience in Forensic Science Laboratory. C ol. 11 :60% of the sanctioned posts by dir ect recruitment and 40% by promotion. C ol. 1 2 :Promotion from Junior Scientific Officer of Mizoram Forensic Science La boratory with not less than 5 years regular service in the gra de”. By order s, etc. K. Lalrinzuali, Joint Secretary to the Govt .of Mizoram, Depa rtment of Personnel & Administrative Reforms.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 14.6.2013 Jyaist ha 24, S.E. 1935, Issue No. 283 NOTIFICATIONNo. A. 12018/63/2011-P&AR(GSW), the 6th June, 2013. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following r ules fu rther to amend the Mizoram Information & Communica tion Technology Deptt. (Group ‘A’ post) Recruitment R ules, 2011 (hereinafter refer red to as the Principa l Rules) regulating the method of recruitment to the post of System Analyst notified Vide No. A. 12018/63/2008-P&AR (GSW) dt. 8.12.2011 and published in the Mizora m Gazette Extra ordinar y Issue. No. 559 dt. 14.12.2011, namely :- 1.Shor t title and (1) These Rules may be called the Mizora m Infor mation & Communication Commencement Technology Department (Group ‘A’ Posts) Recruitment (First Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2. Amendment of In the Principal R ules, for column 8 of the Annexure - I, the following the Annexure-I shall be substituted, namely :- “Essential : 1. B. E/B.Tech (Computer Sc./IT/Electronics)/MCA from AICTE recognized Institutes. 2. Working knowledge of Mizo language at least middle school standard. 3. At least 5 years profess iona l experience in the line of Government S ector. Preferable : - ME/M. Tech (Computer Science/IT) or ME/MTech (Electronics)”. By order s, etc. K. Lalrinzuali, Joint Secretary to the Govt .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/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 14.6.2013 Jyaist ha 24, S.E. 1935, Issue No. 284 NOTIFICATIONNo. A. 12018/63/2011-P&AR(GSW), the 6th June, 2013. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following r ules fu rther to amend the Mizoram Information & Communica tion Technology Deptt. (Group ‘A’ post) Recruitment R ules, 2011 (hereinafter refer red to as the Principa l Rules) regulating the method of recruitment to the post of System Engineer notified Vide No. A. 12018/63/2008-P&AR (GSW) dt. 8.12.2011 and published in the Mizora m Gazette Extra ordinar y Issue. No. 559 dt. 14.12.2011, namely :- 1.Shor t title and (1) These Rules may be called the Mizora m Infor mation & Communication Commencement Technology Department (Group ‘A’ Posts) Recruitment (First Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2. Amendment of In the Principal R ules, for column 8 of the Annexure - I, the following the Annexure-I shall be substituted, namely :- “Essential : 1. B. E/B.Tech (Computer Sc./IT/Electronics)/MCA from AICTE recognized Institutes. 2. Working knowledge of Mizo language at least middle school standard. 3. At least 5 years profess iona l experience in the line of Government S ector. Preferable : - ME/M. Tech (Computer Science/IT) or ME/MTech (Electronics)”. By order s, etc. K. Lalrinzuali, Joint Secretary to the Govt .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/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 14.6.2013 Jyaist ha 24, S.E. 1935, Issue No. 285 NOTIFICATIONNo. A. 12018/63/2011-P&AR(GSW), the 6th June, 2013. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following r ules fu rther to amend the Mizoram Information & Communica tion Technology Deptt. (Group ‘A’ post) Recruitment R ules, 2011 (hereinafter refer red to as the Principa l Rules) regulating the method of recr uitment to the post of Network Adminis trator notified Vide No. A. 12018/63/2008-P&AR (GSW) dt. 8.12.2011 and published in the Mizoram Gazette Extraordinary Issue. No. 559 dt. 14.12.2011, namely :- 1.Shor t title and (1) These Rules may be called the Mizora m Infor mation & Communication Commencement Technology Department (Group ‘A’ Posts) Recruitment (First Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2. Amendment of In the Principal R ules, for column 8 of the Annexure - I, the following the Annexure-I shall be substituted, namely :- “Essential : 1. B. E/B.Tech (Computer Sc./IT/Electronics)/MCA from AICTE recognized Institutes. 2. Working knowledge of Mizo language at least middle school standard. 3. At least 5 years profess iona l experience in the line of Government S ector. Preferable : - ME/M. Tech (Computer Science/IT) or ME/MTech (Electronics)”. By order s, etc. K. Lalrinzuali, Joint Secretary to the Govt .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/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 14.6.2013 Jyaist ha 24, S.E. 1935, Issue No. 286 NOTIFICATIONNo. A. 12018/63/2011-P&AR(GSW), the 6th June, 2013. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following r ules fu rther to amend the Mizoram Information & Communica tion Technology Deptt. (Group ‘A’ post) Recruitment R ules, 2011 (hereinafter refer red to as the Principa l Rules) regulating the method of recruitment to the post of System Integrator notified Vide No. A. 12018/63/2008-P&AR (GSW) dt. 8.12.2011 and published in the Mizora m Gazette Extra ordinar y Issue. No. 559 dt. 14.12.2011, namely :- 1.Shor t title and (1) These Rules may be called the Mizora m Infor mation & Communication Commencement Technology Department (Group ‘A’ Posts) Recruitment (First Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2. Amendment of In the Principal R ules, for column 8 of the Annexure - I, the following the Annexure-I shall be substituted, namely :- “Essential : 1. B. E/B.Tech (Computer Sc./IT/Electronics)/MCA from AICTE recognized Institutes. 2. Working knowledge of Mizo language at least middle school standard. 3. At least 5 (five) years professional experience in the line of Government Sector. Preferable : - ME/M. Tech (Computer Science/IT) or ME/MTech (Electronics)”. By order s, etc. K. Lalrinzuali, Joint Secretary to the Govt .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/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 22.3.2013 Chaitra 1, S.E. 1935, Issue No. 153(A) NOTIFICATION No. A. 12032/2/2007-EDN(HTE)/214, the 18th March, 2013.The Governor of Mizora m is pleased to a ccord sanction to the creation of 26 (twenty six) nos. of temporary posts with effect from the date of this Notification as mentioned below :- Sl. Name of Posts Scale of PayNo. of Head of Account No.Posts (1) (2) (3)(4) (5) Under Mizoram Polytechnic, Lunglei (Teaching Staff) : 1. Lecturer, EnglishPB 15600-39100+5400 GP22203 - Technical Education 2. Lecturer, Mechanical Engg. PB 15600-39100+5400 GP2105-Polytechnic 3. Lecturer, EconomicsPB 15600-39100+5400 GP1(01)-Mizoram Polytechnic 4. Lecturer, Electrical Engg. PB 15600-39100+5400 GP2(01)-Salary (Non-Plan) Sub-Total :-7 Under Women Polytechnic, Aizawl (Teaching Staff) : 1. Lecturer, Modern Office Practice PB 15600-39100+5400 GP42203 - Technical Education 2. Lecturer, EnglishPB 15600-39100+5400 GP1105-Polytechnic 3. Lecturer, Electronic &PB 15600-39100+5400 GP5(02)-Women Polytechnic Telecommunications(01)-Salary (Plan) Sub-Total :-10 Under Women Polytechnic, Aizawl (Non-Teaching Staf) :- 1. Laboratory Technician,PB 9300-34800+4600 GP22203 - Technical Education (Computer S c. & Engg.)105-Polytechnic 2. Laboratory Technician,PB 9300-34800+4600 GP1(02)-Women Polytechnic (P hysics/Chemistr y)(01)-Salary (Plan) 3. Laboratory Technician,PB 9300-34800+4600 GP2 (Modern Office Practice) 4. Laboratory Technician,PB 9300-34800+4600 GP2 (Electronics & Telecommunication) 5. Laboratory Technician,PB 9300-34800+4600 GP1 Visual & Multimedia (MOP) 6. Laboratory Technician,PB 9300-34800+4600 GP1 Steno/Typing (MOP) Sub-Total :-9 GRAND TOTAL :-26 - 2 - Ex-153(A)/2013 2. The Governor of Mizoram is further pleased to order filling up of the above newly created 26 (twenty six) nos. of temporar y posts on Contra ct ba sis for accommodation of the present Teaching and Non- Teaching Staff employed under Technical Wing, Higher & Technical Education, i.e. Mizoram P olytechnic, Lunglei and Women Polytechnic, Aizawl. 3. This issues with the approval of the Council of Ministers vide No. J. 11011/1/2013-P OL(Fri) dt. 08.03.2013 and the approval of Planning Deptt. vide I.D. No. G. 28014/16(C)/2012-13/SPB dated 25.06.2012 with the approval of DP&AR vide I.D. No. ARW/SED(SCERT) 2012-2013/E-210 dt. 05.10.2012 and the concurrence of Finance Deptt. vide I.D. No. FIN(E) 1532/2012 dt. 29.01.2013. K. Lal Nghinglova, Commr. & 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/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 14.6.2013 Jyaist ha 24, S.E. 1935, Issue No. 287 NOTIFICATIONNo. A. 12018/63/2011-P&AR(GSW), the 6th June, 2013. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following r ules fu rther to amend the Mizoram Information & Communica tion Technology Deptt. (Group ‘A’ post) Recruitment R ules, 2011 (hereinafter refer red to as the Principa l Rules) regulating the method of recruitment to the post of System Administrator notified Vide No. A. 12018/63/2008-P&AR (GSW) dt. 8.12.2011 and published in the Mizoram Gazette Extraordinary Issue. No. 559 dt. 14.12.2011, namely :- 1.Shor t title and (1) These Rules may be called the Mizora m Infor mation & Communication Commencement Technology Department (Group ‘A’ Posts) Recruitment (First Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2. Amendment of In the Principal R ules, for column 8 of the Annexure - I, the following the Annexure-I shall be substituted, namely :- “Essential : 1. B. E/B.Tech (Computer Sc./IT/Electronics)/MCA from AICTE recognized Institutes. 2. Working knowledge of Mizo language at least middle school standard. 3. At least 5 years profess iona l experience in the line of Government S ector. Preferable : - ME/M. Tech (Computer Science/IT) or ME/MTech (Electronics)”. By order s, etc. K. Lalrinzuali, Joint Secretary to the Govt .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/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 14.6.2013 Jyaist ha 24, S.E. 1935, Issue No. 288 NOTIFICATIONNo. A. 12018/3/2007-P&AR(GSW), the 4th June, 2013. In exercise of the powers conferred by the proviso to Article 309 of the Constit ution of India , the Governor of Mizoram is pleased to make the following r ules fu rther to amend the Mizoram Power & Electricity Department (Group ‘B’ Technical Non- Gazetted) R ecruitment Rules, 2002 (hereinafter referred to as the Pr incipal Rules) issued under Notifica tion No. A. 12018/2/87-PAR(GS) dt. 20.1.2003 published in the Mizoram Gazette Vol. XXXII Extra-ordinary Issue No. 12 dated 22.1.2003 relating to the post of Junior Engineer (Electrical/Electronic/ Mechanical), namely :- 1.Shor t title and (1 ) These Rules may be called the Mizor am Power & Electricity Department Commencement (Group ‘B’ Technical Non Gazetted) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Amendment of Column 4 & 12 of the First Schedule of the Principal Rules shall be Column 4&12 of substituted by the following, namely :- the First Schedule “Column 4 : PB-2 ^ 9300-34800 + Grade Pay ^ 4400 Column 12 : Pr omotion fr om Sr. Elect ricia n/S r. Lineman/S r. Engine Operator/Sr. Switchboard Operator having 5 years regualr service in the gra de”. By order s, etc. K. Lalrinzuali, Joint Secretary to the Govt .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/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Friday 12.7.2013 Asadha 21, S.E. 1935, Issue No. 362 NOTIFICATION No. B. 12012/2/2011-SWD, the 8th July, 2013.In pursuance of Consultation Meeting on Review of the Mizor am Drug Policy jointly organized by t he Depa rtment of Socia l Welfa re (DSW) and United Nations Office on Drugs & Crime (UNODC) held on 27th May, 2013, the Governor of Mizora m is pleased to constitute High Level Monitoring Commit tee, High Powered State Co-ordination Committee and Dra fting Committee on Comprehensive Drug Policy for Mizoram consisting of the following members with immediate effect and until fur ther orders. 1.High Level Monitoring C ommitteeChairman:Hon’ble Chief Minister, Mizoram Vice Chairman:Hon’ble Minister, SWD Member Secretary:Principal Secretary, SWD Members:1) Hon’b le Minis ter, Home Department 2) Hon’ble Minister, Health & Family Welfare Deptt. 3) Hon’ble Minister, Excise & Narcotic Department 4) Hon’ble Minister, Law & Judicial Department 5) Hon’ble Minister, Education Department 6) Secr etary, Law & J udicia l Depart ment 7) Secr etary, Health & Family Welfare Depart ment 8) Secr etary, Excise & Narcotic Depart ment 9) Addl. Secretary, SWD/Joint Secretary, SWD 10) Director, S ocial Welfare Department 2.High Powered State Coordination CommitteeChairman:Chief Secretary Member Secretary:Principal Secretary, SWD Members:1) Secr etary to Govt. of Mizor am, Health & F W Department 2) Secretary to the Govt. of Mizoram, Excise & Narcotic Deptt. 3) Secr etary to Govt. of Mizor am, Home Department 4) D.G.P., Mizoram 5) Secr etary t o Govt. of Mizoram, Law & J udicial Department 6) Director, Social Welfare Department Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500 3.Drafting Committee on Comprehensive Drug Policy for MizoramChiarman:Principal Secretary, SWD Member Secretary:Director, SWD Members:1) S.P. CID (Crime) 2) Dir ector, Hea lth Services 3) Commissioner, Excise & Narcotic Department 4) Dy. Secretar y, Law & Judicia l Depart ment 5) Project Director, MSACS 6) Dy. Controller of Drugs 7) Project Coordinator, UNODC 8) Chief Executive Officer, MSD & RB, SWD M. S athiya va thy, Principal S ecretar y to the Govt. of Mizoram, Socia l Welfar e Depart ment. - 2 - Ex-362/2013