The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIII Aizawl, Friday 24.1.2014 Magha 4, S.E. 1935, Issue No. 16 NOTIFICATIONNo.C.31012/9/2013-DCA (L), the 21st January, 2014.In pursuance of paragraph 11 of the Sixth Schedule to the Constitution of India, the following Regulations passed by t he Lai Autonomous District Council and approved by His Excellency the Governor of Mizoram on 9.1.2014 is hereby published for general information, namely :- “THE LAI AUTONOMOUS DISTRICT COUNCIL (CONTROL OF VEHICLE PARKING) REGULATIONS, 2012” P. Singthanga, Secr etary to the Govt. of Mizoram, District Council Affairs Department. “THE LAI AUTONOMOUS DISTRICT COUNCIL (CONTROL OF VEHICLE PARKING) REGULATIONS, 2012” A REGULATION to provide for the levy and collection of vehicles parking fee within the Lai Autonomous District. Wher eas under sub-p aragraph (3) of paragraph 8 of the Sixth Schedule to the Constitution of India, the Distr ict Council for an Autonomous District is empowered to make regulation for the levy and collection of taxes on vehicles within the Distr ict. Now, therefore, in exercise of the said power a nd all other powers enabling it in that behalf, the Lai Aut onomous District Council is pleased to make this Regulation in theSixtyThird Year of the Republic of India as follows :- Short title, extent and commencement :(1) These regulations may be called the Lai Autonomous District (C ontrol of Vehicles Parking) Regulations, 2012. (2) It shall ext end to the Lai Autonomous District a reas of such town or places as the Executive Committee may by notification declare. (3) It shall come into force on such date of p ublication in the Mizoram Gazette. Definitions : In this regulation, unless the context otherwise requires :-(a ) “ Collector ” means any person authorised by the Executive Committee to collect the parking fees ; (b) “ Department ” means Transport Department of the Lai Aut onomous District Council; (c) “ District ” means the Lai Autonomous District ; (d) “ Executive Committee ” means the Executive Com- mittee of the Lai Autonomous Distr ict Council; ( e) “Motor Vehicle” mea ns all t ypes of vehicle as defined in the Motor Vehicle Act, 1988; (f) “Owner” means a person in whose name a motor vehicle is registered; (g) “Parking Areas” of “Parking Places” means places declared from time to time by the Executive Committee or any officer a uthorised in this behalf by the Executive Committee ; (h) “Par king Fee” means fees in this regulation; (i)“Par king Hour” means a period from 8:00am to 10:00am in t he morning and from 3:00pm to 5:00pm in the evening or any other period notified by the Executive Committee or any officer a uthorised in this behalf by the Executive Committee from time to time. Ex-16/20142 Declaration of Parking Areas :1) The Executive Committee or any officer a uthorised in this behalf by the Executive Committee may declare and specify parking areas from time to time in different pa rts of the town areas within the district as parking places for vehicles of different kinds. S uch par king ar eas sha ll be notified and published in local news papers for infor mation of general public. Provided that the Executive Committee may by notification constitute an Advisory Committee to select site for parking areas or places. 2) On the recommendation of the Advisory Committee the Executive Committee may also select and declare from time to time suitable areas within t he District as parking areas, places or dropping zone taking into consideration of the need of Shopping Centers, Public Offices, Bus Stands, Public Conveniences etc. 3) No motor vehicle shall be parked on any Public Street, Road Sides, thor oughfar e or any open space within the limit of proper town areas except in particu lar places dema rcated specifically by the Executive Committee as parking area s or pla ces. 4. Collection of Parking Fee :1)The Executive Committee or any officer authorised in this behalf may charge a parking fee on vehicles during the pa rking hours for parking on such places declared as parking areas as per the rate prescr ibed in Table ‘ A’ of t he Schedule to these Regula t ions. T he Execu tive Committee may redu ce or enha nce t he r ate of parking fees from t ime to t ime. 2)Notwithstanding anything contained in sub-rule (1), no pa rking fees shall be charged to any vehicle belonging to the District Council, Central or State Government. 3)As soon as parking fee is collected on any vehicle the collector shall issue receipt in the form duly approved by Executive Committee, or any person authorised by the Executive Committee. The receipt should specify the kind of vehicle, its registration number, time of entering into par king areas and a lso the agency who is making collection. 4)The parking fees shall be realized through depar tment employees, duly authorised for the purpose or by any authorised agency appointed by auction or through license on such terms and conditions as the Executive Committee may determine. 5. Parking of vehicles at Parking Areas at the risk of the owner or Driver :A vehicle shall be parked in the parking area at the Owner’s or Driver’s risk and responsibility. The Executive Committee or the Department shall not be held r esponsible for any loss or da mage of t he vehicle par ked at the par king ar eas. 6. Prohibition of Parking of Vehicle on the middle of the road:No Owner or Driver of a motor vehicle sha ll park his vehicle on the middle of the roa d or in a ny inconvenient place other than the places notified as parking areas, stop or any bound corner for embarking and disemba rking of passengers a nd their lugga ges.Ex-16/2014 3 Provided tha t parking on the road, thoroughfare or any other pla ces other than the par king areas shall not be allowed for more than the time prescribed. Loading and unloading during the peak hours is prohibited unless special permit is granted by the author ity. 7. Prohibition of drawing out vehicles from the parking areas without payment of parking fee :No Owner or Driver of any vehicle shall be allowed to move his vehicle from the par king area without payment of parking fee. 8. Prohibition of Parking more than 10 hours without permission :No vehicle, whether serviceable or unserviceable belonging to Distr ict Council, Government or P rivate, shall be allowed to pa rk at a ny parking place or any road within the proper town area more than 10hours continuously whether it is dur ing the working hour or night -time without prior approval of the Executive Committee or any officer authorised in this behalf. However, the Executive Committee may grant permission at the risk of the owner of the vehicle for pa rking of vehicle at various par king places or public roadside on payment of parking fees prescribed in Table ‘B’ of the schedule to these r egulations. 9. Seizure of Vehicle in case of refusal of payment :1) If the Owner or Driver of any vehicle refuses to pay fine for illegal p arking, the vehicle ma y be seized by the Traffic Police on duty, aft er observing formalities of such seizures as provided in the Code of Crimina l Procedure 1973. If a situation dema nds, such seized vehicles shall be removed to the Police Station or to a place specified by the Executive Committee at the cost of the owner of the vehicle. A vehicle so seized may be r eleased on payment of additional fine of two hundred and fifty rupees, which may be extended to five hu ndred r upees, depending on the nature of the offence, public inconvenience or obstruction caused by the offender. 2) Defa ulter on payment of fine if a ny shall entail seizur e of registration certificate or driving license or with both by the authorised collector. 3) The State Police shall extend all necessary assistance to the collectors of par king fees in regulating a nd mortgaging the places of parking. 10.Authority to impose fines :Notwithstanding anything contained in any order issued by the Executive Committee or any officer authorised by t he Executive Committee, any Executive Magistrate or any Police Officer, not below the rank of Sub-Inspector or a ny Officer of the Depa rtment not below the r ank of Motor Vehicle Ins pector may compound an offence committed under these Regulations and impose fines as s pecified in these Regulations on the spot or otherwise. T he fined money shall be depos ited forthwith t o the officer authorised to receive payment thereof in this behalf. 11. Power to make rules :The Executive Committee ma y by notification make rules for carr ying out all or any of the purpose of these R egulations. Ex-16/20144 SCHEDULE 1 . Tab l e ‘ A’ ( Parking fees see rule 4 (1) ) Sl.No.Type of Vehicle(Parking Hours)From 8:00am to for the first6:00pm for every hour orsubsequent hour part thereofor part thereof (1)(1)(2)(3)(4) 11Heavy/Medium vehicles15.0010.00 2LMV/T hree Wheeler10.005.00 333Two Wheeler5.005.00 Notes :- 1) Town Buses in the demarca ted sta nd/stop within town ar ea 5:00am to 6:00pm a re exempted from payment of pa rking fees. However exemption shall not be given if parked at other places other than their respective stand/stop and fees will be as per rate fix ed at S l.No.1 of the table above. 2) Maxi Cab/Tourist Taxi, Local Taxi while parking at their respective stand shall pay`15/- per da y. However, if pa rked a t other p la ces other tha n their respective sta nd the fees will be a s per rate fixed at Sl. No.2 above. 3) Light vehicle belonging to Government/District Council shall pay` 10/- per day, parked at parking areas other than their r espective office compound/office gar age. 4) Motor Cycle/Scooters belonging to Government/District Council servants shall pay` 5/- per day, if par ked at parking areas other than their respective office compound/office garage the fees will be as per rate fixed S l. No.2 ab ove. 5) Parking fee for Auto-Rickshaw shall be` 10/- per day of parks in their respective sta nd. However, if parked in other places other than their resp ective stand, the fee will be as per rate fixed at Sl. No.2 above. 6) Tourist Buses/Night Buses/Bazaar Buses while parking in their respective stand shall pay ` 10/- per day or` 300/- for a calendar month. However, if parked in other pla ces tha n their respect ive sta nd, the fees will be a s per rate fixed at Sl.No.1 of Table ‘A’Ex-16/2014 5 TABLE ‘B’ Road Side Parking Fees (See Rule 8) Sl.No.Types of VehicleFor permitted vehicle to park for more than 10hours at a time on the demarcated parking areas or any of the public r oadsides space other than priva te compound. (1)(2)(3) 1Heavy/Medium Vehicle` 20/- per day & night or`500/- for a calendar month 2LMV/T hree Wheeler` 10/- per day & night or`250/- for a calendar month 3Two Wheelers` 5/- per day & night or`100/- for a calendar month Notes : Vehicle using public road-sides as gara ge regularly/irregula rly sha ll be given formal permission to park their vehicles on pa yment of the above fees.Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500Ex-16/20146

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIII Aizawl, Friday 24.1.2014 Magha 4, S.E. 1935, Issue No. 17 NOTIFICATIONNo.K.12011/57/13-REV, the 16th January, 2014.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for upgrada tion of KDZKT r oad from Tuilu tkawn to Damcherra. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any being notified may submit his/her objection to the acquisition in writing to the Deputy Commissioner/Collector, Mamit District, within a period of 30 days from the date of publication of t his Notification in the Mizor am Gazette, who will dispose of the objection and claims a s per provision of section 5-A of the Land Acquisition Act, 1894, (the date of publication in the newspaper in regional language following Gazette notifica tion under Section 4(1) of the LA Act is the date of publication within the meaning of section 5-A of the Act.) 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for pur pose of the sa id acqu isition. Any contract for the disposa l of the said land by sale, lease, mortgage, assignment exchange of the status of Pass or otherwise or a ny outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensa tion for such parts of t he said land a s may be finally acquired. SCHEDULE DISTRICT : MAMITDescription of landApproximate Area. Portions of private land and buildings90 kms. along KDZKT road fr om Tuilutkawn to Damcherra This Supercedes this Department’s earlier Notification dt.26.4.2013 published in the Mizoram Gazette Issue No. 208 on 1.5.2013 and subsequent Notification dt.28.10.2013. R.L. Rinawma, Principal Secretary to the Government of Mizoram, Revenue Department. Published and Issued by the Controller, Printing & Stationery, 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 - XLIII Aizawl, Wednesday 29.1.2014 Magha 9, S.E. 1935, Issue No. 18 NOTIFICATIONNo.K.12011/66/14-REV, the 21st January, 2014.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for Rehabilitation of Landslide Victims located near Ramhlun Spor ts Complex, Aizawl. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any being notified may submit his/her objection to the acquisition in writing to the Deputy Commissioner/Collector, Aizawl District, within a period of 30 days from the date of publication of t his Notification in the Mizor am Gazette, who will dispose of the objection and claims a s per provision of section 5-A of the Land Acquisition Act, 1894, (the date of publication in the newspaper in regional language following Gazette notifica tion under Section 4(1 ) of the LA Act is the date of publication within the meaning of S ection 5-A of the Act.) 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for pur pose of the sa id acqu isition. Any contract for the disposa l of the said land by sale, lease, mortgage, assignment exchange of the status of Pass or otherwise or a ny outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensa tion for such parts of t he said land a s may be finally acquired. SCHEDULEDISTRICT : MAMITDescription of landApproximate Area. Land belonging to Pu Lalthansanga32.04 Bighas s/o Lalkunga (L) of Dawrpui Veng42886.00 sqm located at Ra mhlun Sports Complex461453.36 sqft. R.L. Rinawma, Principal Secretary to the Government of Mizoram, Revenue Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500

NOTIFICATIONNo.H.11018/8/2010-REV, the 21st March, 2011.In exercise of powers conferred by section 55 of the Land Acquisition Act, 1894 (Central Act I of 1894), the State Government of Mizoram hereby makes the following Rules, namely “The Mizoram Land Acquisition Rules, 2010”. The Rules shall come into force from the date of publication in the Mizoram Gazette. R.L. Rinawma, Commissioner/Secretary to the Govt.of Mizoram, Revenue Department. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XL Aizawl, Wednesday 23.3.2011 Chaitra 2, S.E. 1932, Issue No. 131 THE MIZORAM LAND ACQUISITION RULES, 2010In exercise of the powers conferred by Section 55 of the Land Acquisition Act, 1894 (Central Act I of 1894), the State Government of Mizoram hereby makes the following Rules, namely- 1.Short title and Commencement - (1)These rules may be called the Mizoram Land Acquisition Rules, 2010. (2)They shall come in to force from the date of their publication in the Mizoram Gazette. 2.Def initions-In these rules, unless the context otherwise requires,- (a)‘Act’ means the Land Acquisition Act, 1894(Central Act no.1 of 1894) as amended from time to time; (b)‘Department’ means a Department of the Government of Mizoram; (c)‘Deputy Commissioner’ means a Collector and any other officer functioning as Collector under the Act; (d)‘Form’ means the forms appended to these rules; (e)‘Government’ means the State Government; (f)‘Section’ means a Section of the Act. 3.Submission of the proposal for acquisition – (1)Every authority or department under the Government requiring any land to be acquired for public purposes shall submit a concise proposal containing the details of preferable location of the land, approximate area, nature of the public purpose etc. to the Deputy Commissioner of the district for the acquisition of such land. (2)Whenever the Deputy Commissioner concerned receives any such proposal for acquisition of any land for public purposes, he shall submit a report to the State Government on the following matters alongwith the acquisition proposal- (i)that the land proposed to be acquired is suitable for the purpose; (ii)that the area of the land proposed to be acquired is not excessive; (iii)that the Requiring Development, Authority or Body is in a position to utilize the land expeditiously; and (iv)that in case the land proposed to be acquired happens to be a part of any forest land, the proposal must have clearance from the Environment and Forest Department; (v)that in case the land proposed to be acquired happens to be a high quality agricultural land, the matter will be determined in consultation with the District Agriculture Officer certifying that no alternative suitable site can be found so as to avoid acquisition of that land. (3)No notification shall be published by the Government under sub-section (1) of section 4 of the Act, unless it has considered the report submitted under sub-rule (2) above. 4.Issue of Notice - (1)Immediately after the publication of the notification under sub-section (1) of section 4 of the Act, the Deputy Commissioner concerned shall, as required by the said sub-section, cause a notice issued stating that the land is needed or likely to be needed for public purpose, specifying the purpose and requiring all persons interested in that land to lodge before the Deputy Commissioner, before the date specified in the notification, a statement in writing of their objections, if any, to the- 2 - Ex-131/2011 proposed acquisition of the land or any land in the adjoining area, and published in Mizoram Gazette, in at least two widely circulated local newspapers and also at convenient places in the locality where the land proposed to be acquired is situated and copies thereof affixed in the offices of the Deputy Commissioner of the District, of the Municipal Council, if any, and the Village Council of the Village in which the land is situated. (2)A copy of the notice mentioned in sub-rule (1) may also be served individually on every person known or believed to be interested in the land to be acquired. (3)Failure of filing any objection within the specified date by any such person shall not entitle him or her to any benefits of acquisition of compulsory nature under the Act, in case such person’s land is ultimately acquired. 5.Statement of Objections - (1)The Statement of objections shall mention how the objector is interested in the land and set out the grounds of objection. (2)Such statement of objections must accompany photocopies of lawful and valid Land Settlement Certificate(s), duly attested by a Gazetted Officer of the Government and an affidavit declaring that the land is free from all encumbrances and stating every details of any building or trees/plants owned by the objectors, and the valuation of the land and the properties fastened onto it, as per the objector’s own assessment. (3)Such statement of objections must be signed by the objector himself or herself. (4)Any malafide false statement, if so found by the Deputy Commissioner concerned, may disentitle such objector from the benefits of compulsory nature of acquisition of the land under the Act. 6.Hearing of Objections - (1)If a statement of objections is filed after the date specified in the notification under Section 4 of the Act, or is filed by a person who is not interested in the land, it shall be summarily rejected. (2)If any objection is received from a person interested in the land on or before the date specified in the notification under Section 4 of the Act, the Deputy Commissioner concerned shall fix a date for hearing the objections and give notice thereof to the objectors as well as to the Land, Revenue and Settlement Department and also to the Department or authority or other body requiring the land. Copies of the objections with all enclosures shall be forwarded to the Land, Revenue and Settlement Department as well as to the requiring Department, authority or body. (3)The requiring Department, authority or body may file on or before the date fixed by the Deputy Commissioner concerned, a statement by way of reply or replies to the objections and may also depute a representative well-conversant on the facts of the case to attend the hearing. (4)On the date fixed for the enquiry or any other date to which the enquiry may be adjourned by the Deputy Commissioner, the Deputy Commissioner shall hear the objector, or his or her advocate or authorized representative, and also the representative, if any, of the requiring Department, authority or body, and record any evidence that may be produced or adduced in support of the objections. 7.Appearance of Persons interested- Agents other than duly authorized advocates or legal representatives shall not be allowed to appear on behalf of persons interested in any enquiry under Section 5A of the Act.- 3 -Ex-131/2011 8.Deputy Commissioner to report to Government- On completion of his enquiry, the Deputy Commissioner shall before the expiry of six weeks from the last date for filing objections or before the expiry of two weeks from the date on which he receives the report under sub-section (4) of section 4, whichever is later, submit his report and recommendations as to each objection, whether admissible or inadmissible, for the orders of the Government under sub-section (2) of section 5 of the Act. 9.Consideration of Objections and issue of Final Notification- On a consideration of the objections and the Deputy Commissioner’s report thereon, if the Government decides- (a)that the land should be acquired, the Government shall direct the Deputy Commissioner to proceed under section 6 of the Act, and on receipt of the report of the Deputy Commissioner, the Government shall make a declaration under section 6 that the land is needed for a public purpose; (b)that all or any land, possession whereof has not been taken should not be acquired, a notification canceling the notification issued under section 4 shall be published by the Government. 10.Notice under Section 9- (1)The notice to be issued under Section 9 shall contain full particulars of the lands to be acquired. The Deputy Commissioner shall cause public notice to be given at convenient places calling upon all the persons interested in the land to appear before him either in person or by their authorised agents as mentioned in Rule 7, on a date specified in the notice, such date not being less than fifteen days from the date of service of the notice. The Deputy Commissioner shall also serve similar notices on the occupier or person in possession, if any, of such land and on all the persons who have an interested therein. (2)The notice under sub-rule (1) shall contain the particulars of the land needed and shall be in Form A. 11.Manner of Service of notice- (1)The notice under Rule 10 shall be published at convenient places in the locality where the land to be acquired is situated and copies thereof shall be affixed- (a)in the office of the Deputy Commissioner or any other officer appointed to perform the functions of the Deputy Commissioner under the Act; (b)in the office of the Chief Executive Officer, Aizawl Municipal Council; (c)in the office of the B.D.O. of the area; (d)in the office of the President, Village Council of the Village in which the land proposed to be acquired is situated. (2)Individual notices shall also be served on all persons known or believed to be interested in the land, or entitled to act for persons so interested and who normally reside within the revenue district in which the land is situated. (3)The statement under Section 9 shall be in Form B. 12.Furnishing of complete documents to the Government- While seeking approval of the Government to any draft award under the first Proviso to sub-section (1) of Section 11, the Deputy Commissioner functioning as the Collector under the Act, shall furnish complete documents of claims made by the persons interested in the land to be acquired and also the evidences produced by them and relied on by the Deputy Commissioner.- 4 - Ex-131/2011 13.Form of Agreement- The form of agreement to be executed under sub-section (2) of Section 11 of the Act shall be in Form-C. 14.Furnishing of returns to Registering Officers- (1)In respect of lands taken possession of under the Act, the Deputy Commissioner shall furnish a return in form-D to the Registering officer under the Registering Act, 1908, within whose jurisdiction the land(s) taken possession of are situated. (2)The Deputy Commissioner shall also report to the said Registering officer every alteration in form of compensation made by him under sub-sections (3) and (4) of Section 31 of the Act and every modification made by a court in the award. (3)The said Registering officer shall file the said return and report in the same manner as documents under section 89 of the Registration Act, 1908 are filed. 15.Utilisation of the Acquired Land- (1)The acquired land shall be utilized within a period of two years from the date of delivery of possession of the land to the requiring authority. (2)If, however, the Government is satisfied that the requiring authority is prevented by reasons beyond its control in so utilizing the land, it may grant, by an order, further time not exceeding one year. (3)On expiry of two years and the extended time as granted under sub-rule (2), if the land is found to be still unutilized, the Government shall proceed to resume the land for some other public purpose. 16.Repeal and Savings- The Land Acquisition (Public Purpose Procedural) Rules, 1964 as framed by the Governor of Assam under Section 55 of the Act and as notified under no. RLA.361/62 dt. 20th July,1964 and published in the Assam Gazette, Part IIA, dated 22nd July, 1964, and also as continued to apply to the erstwhile Lushai Hills District, stand hereby repealed; Provided that the said repeal shall not affect- (a)the previous operation of any of the provisions of the Rules so repealed or anything duly done or any action taken there under; (b)any right, privilege, obligation or liability acquired, accrued or incurred under any of the provisions of the Rules so repealed.- 5 -Ex-131/2011 FORM-A [ See Rule 10(2)] Notice under Section 9(1) and 10 of the Land Acquisition Act, 1894 Whereas, the undermentioned land is about to be taken up for a public purpose, namely……………………………………. Under Notification No……………………………. published in the Mizoram Gazette, dated …………………………….. all persons interested in the said land are hereby called upon to attend personally or by agent at ……………………………….. (place) on…………………………… (enter a date not less than fifteen days from the date of publication of the notice) at …………………………………. O’clock to put in a statement in writing (signed by themselves or by their agents) showing the nature of their interested in the land, the amounts and particulars of their claims, to compensate in respect of such interests, the basis of which the compensation so claimed is computed, their objections, if any to the area specified in the declaration and to put in a statement containing as far as may be practicable the name of every other person possessing any interest in the land or any part of it as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, the nature of such interest and the rents and profits (if any) received or receivable on account of it for three years next proceeding the statement. (particulars of land to be entered) Dated……………………………Deputy Commissioner /Collector __________District FORM-B [ See Rule 11(3)] To The Deputy Commissioner, ………………………………. ………………………………. L.A. Case No………………………………… of ………………………….. Re: Acquisition of land for ………………………………………... Statement of claim by …………………………………………..... of ……………………………………..……………………... The claimant states as follows:- 1.That he is the Proprietor/Co-proprietor/Sub-proprietor/Mortgagee/Tenant of the land proposed to be acquired in the above case. 2.That he accepts the area given in the notice. OR That the land proposes to be acquired in the above case within the boundaries mentioned in the notice is by measurement ……………......... and not ………………………….. as stated in the notice.- 6 - Ex-131/2011 3.That this claimant would claim Rs …………………………… per…………………………. of the land and Rs ………………. for the building standing thereon. 4.That he would claim Rs …………………………………. for the crops and trees (if any) standing thereon. 5.That he would claim Rs……………………………… for damage (if any) for severance of the land acquired in the above case from his other land. 6.That he would claim Rs ………………………………. for damage (if any) sustained by him by reason of the acquisition injuriously accepting his other property, namely ………………….. and Rs ……………………….. for injuriously affecting his income. 7.That he would claim Rs ……………………………… as expenses incidental to the change of residence or place of business. 8.That he would claim Rs ………………………………. as damage (if any) that has resulted from the diminution of the profits of the land between the date of publication of the notification under Section 4(1) and the time of the Deputy Commissioner taking possession. 9.That he would also claim the usual 15% statutory allowance on the above amounts. 10.The basis on which the amounts in Items 3 to 8 are claimed ………..Note : The following particulars should always be given.- A.When the claim is by the owner. 1.Name of the claimant and share. 2.Name of co-sharers and share. 3.Abstract of title i.e., whether inherited or purchased and if purchased, when, by whom, on what date and for what amount purchased. 4.Details of any mortgage or change on the land. 5.Rent or profits derived from the land for the past three year. It is well to give this in the form of a statement showing the names of tenants and amounts collected. 6.Whether competent to alienate land by private sale. 7.Total amount claimed under separate heads. 8.Whether the area given in the notice is accepted or not. Documents should be filed in support of these statements, if any exists, and if the area is disputed a map showing the boundaries claimed, the measurement of them and the area. B.Claim by tenant holding under a lease or by tenant with occupancy right. 1.Name of claimant and shares. 2.Name of co-sharer and share. 3.Full description of lease. 4.Rent or profits derived from the land by the claimant during the past three years. 5.Whether the premises is used for residential or business purposes. If the latter, the nature of business and the annual profits from it. 6.Total amount claimed under separate heads. 7. Description and value of any fixtures owned by claimant. 8.Details of any mortgage or change on the lease. 9.Whether competent to alienate the right under the lease. C.Claim by mortgagee: 1.Name of claimant. 2.Amount of mortgage and rate of interest. Amount remaining unpaid.- 7 -Ex-131/2011 FORM-C [ See Rule 13] Form of Agreement This agreement made this ……………………………….. day of ………………………………. between …………………………….. hereinafter called “the owner” which expression shall unless repugnant with the context or meaning thereof includes his heirs, executors and administrators of the one part and the Governor of Mizoram, hereinafter called “the Government” of the other part. Whereas the owner is absolutely seized and in possession of or otherwise well and sufficiently entitled to the piece or parcel of the land measuring ……………………………….. at village…………………………………in……………….…………………… District. Whereas the said piece and parcel of land has been notified for acquisition under the provisions of Land Acquisition Act, 1894 as amended from time to time for ………………………… /and/possession thereof has been taken by Government duly serving notice under the provisions of the said Act, and whereas Section 11 (2) of the Land Acquisition Act, 1894 read with Rule 13 of the Mizoram Land Acquisition Rules, 2010, provides that where the amount of compensation has been determined by agreement between the State Government and the person(s) to be compensated, it shall be paid in accordance with such agreement. And whereas the lawful holder/ owner of the above land has agreed to receive compensation at ………………………………….. representing the compensation payable to the owner determined by the Land Acquisition Officer, as required under the said Act and rules and whereas Government has agreed at the request of the owner to pay to the owner a sum of Rs ……………….. representing the full compensation payable to the owner, which is inclusive of cost of land, structures, trees, other developmental works, the full compensation payable to the owners, which is inclusive of cost of land, structures, trees, other developmental works solatium, interest and items relevant for determination of compensation and the owner agreeing to execute a bond in the manner hereinafter appearing. Now therefore, in consideration of the sum of Rs …………………… paid by the Government to the owner (the receipt of which the owner hereby acknowledges) the owner hereby agrees with the Government as follows. 1.The owner has received the sum of Rs ………………………… 2.If hereafter it transpire that the owner is not entitled at all or is not exclusively entitled to the entire amount of compensation payable in respect of the said property or if the Government shall be required to pay compensation to any other person, the owner shall on demand, refund to the Government the said sum of Rs ……………………. Or such lesser sum as may be determined as refundable by him to Government and shall also indemnity the Government against any loss or damage suffered or any cost, charges or expenses incurred by Government by reason of the payment to him. 3.Without prejudice to any other remedies for the enforcement of any refund or indemnity the Government may recover any sum due under this agreement as arrears of land revenue. In witness whereof of the parties have set their hands the day and year first above written. Signed by:On behalf of and under the direction of the Governor of Mizoram - 8 - Ex-131/2011 - 9 -Ex-131/2011Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/700FORM-D [ See Rule 14(1)] DistrictOwner Any Other person(s) interested in the landSurvey Number or Municipal Number or the likeWhether wet, dry, garden, vacant site, house (tiled, terraced or mud roofed, etc.)VillageBoundariesEast West North SouthApproximate value of land acquiredSub- Registrar’s Office in whose jurisdiction, the land is situatedRemarks Signature of the Deputy Commissioner/Collector

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, Thursday 1.8.2013 Sravana 10, S.E. 1935, Issue No. 397 AFFIDAVITI, Barkha Thapa (Baby) W/o Bikash Thapa,aged about 28 years, permanent resident of Tuikual ‘S’, Aizawl, Mizoram, do hereby solemnly affirm as hereunder :- 1.That I am a bonafide citizen of India belonging to Scheduled tribe community of Mizo. 2.That in my Service document my name has been written and recorded as Baby Limbu. 3.That my true and correct name is Barkha Thapa (Baby). 4.That the purpose of this affidavit is to replace incorrect name in the above mentioned document by inserting correct name therein. And also that I request the concern authority to accept this affidavit and to allow the replacement of the incorrect name by the correct name. 5.That the statements mentioned above are true to the best of my knowledge and belief and nothing material has been concealed therein. IN WIT NESS WHEREOF I put my signature hereto on this 2nd day of September, 2011. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500Identified by me :- Sd/- Bhanu Kawar Advocate Aizawl, MizoramSigned befor e me : Sd/- Lalramhluna Advocate Notary Public Aizawl, MizoramSd/- DEPONENT Notarial Registration No. 8/9 Date 2/9/11

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 20.8.2013 Sravana 29, S.E. 1935, Issue No. 430 NOTIFICATIONNo.B.14016/45/2013-LAD/VC, the 14th August, 2013.The Governor of Mizoram is pleased to extend the terms of committee on “Inter Village Boundary Disputes” comprising of the following members for Aizawl, Lunglei, Champhai, Mamit, Kolasib & Serchhip Districts to examine the Boundary disputes be- tween Village/Village Councils within their respective District as shown below :- 1. AIZAWL DISTRICT Chairman: Director, L.A.D. Member Secreta ry: D.L.A.O. Aizawl Members: 1) V.C. Pr esident concerned. 2) wo prominent citizents of each locality. 3) President, C.Y.M.A. or President, Y.M.A. of the Village concerned II. LUNGLEI DISTRICT Chairman: Deputy Commissioner, Lunglei. Member Secreta ry: D.L.A.O. Lunglei Members: 1) V.C. Pr esident concerned. 2) Two prominent citizents of each locality. 3) President, Y.M.A. Sub-Hqrs. or Branch President concerned IV. CHAMPHAI DISTRICT Chairman: Deputy Commissioner, Champhai Member Secreta ry: D.L.A.O. Champhai Members: 1) V.C. Pr esident concerned. 2) Two prominent citizents of each locality. 3) President, Branch Y.M.A. concerned IV. MAMIT DISTRICT Chairman: Deputy Commissioner, Mamit Member Secreta ry: D.L.A.O. Mamit Members: 1) V.C. Pr esident concerned. 2) Two prominent citizents of each locality. 3) President, Branch Y.M.A. concerned V. KOLASIB DISTRICT Ex-430/20132 Chairman: Deputy Commissioner, Kolasib Member Secreta ry: D.L.A.O. Kolasib Members: 1) V.C. Pr esident concerned. 2) Two prominent citizents of each locality. 3) President, Branch Y.M.A. concerned VI. SERCHHIP DISTRICT Chairman: Deputy Commissioner, Serchhip Member Secreta ry: D.L.A.O. Serchhip Members: 1) V.C. Pr esident concerned. 2) Two prominent citizents of each locality. 3) President, Branch Y.M.A. concerned The term of the committee will be for a period of 3 (three) years from the date of issue of this notification. The terms of reference of the Committees will be to examine the boundary disputes between villages and to find amicable settlement and recommend to re-demarcate new boundary line of the villages invoved. B. Lalthmingthanga, Secretary to the Govt. of Mizoram, Local Administration Department. Published and Issued by the Controller, Printing & Stationery, 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 20.8.2013 Sravana 29, S.E. 1935, Issue No. 432 NOTIFICATIONNo.B.30026/8/09-FS, the 14th August, 2013.The Governor of Mizoram is pleased to re-constitute the District Fish Farmers Development Agency Managing Board for all District Level FFDA units in the State of Mizoram with the following members as shown below with immediate effect. This supecedes previous Notification issued vide even no. dt.9.2.2011. District Level FFDA Managing Board Committee in Mizoram.1 . Aizawl District1. Director of Fisheries-Chairman 2District AH & Vety Officer, Aizawl-Member 3. District Agriculture Officer, Aizawl-Member 4. Asst. Settlement Officer, LR&S Deptt, Aizawl-Member 5. Asst. Registrar Coop, Society, Aizawl-Member 6. Manager, SBI, Aizawl-Member 7. Dr. O.P. Singh, Managing Director, Zofisfed Ltd.-Member 8. Pu P.B. Nikhuma, Dinthar-II, Aizawl-Member Prominent Citizen 9. Pu K.M. Biaksailova, Zarkawt, Aizawl-Member Far mers rep resentat ive 10. Pu C.Rualzakhuma, Tanhril-Member Far mers rep resentat ive 11. District Fisheries Dev. Officer, Aizawl-Member Secreta ry 1 . Lunglei District1. Dir ector Fisher ies-Chairman 2District AH & Vety Officer, Lunglei-Member 3. District Agriculture Officer, Lunglei-Member 4. Asst. Registrar Coop, Society, Lunglei-Member 5. Manager, SBI, Lunglei-Member Ex-432/20132 6. Pu K. Dingliana, Lunglei, Chanmari-II-Member Zofisfed representative 7. Pu K.Kaphranga, Salem veng, Lunglei-Member Prominent citizen 8. Pu R.Kamliana, Zohnuai, Lunglei-Member 9. Pu C.Zathanga, Rahsi veng, Lunglei-Member MFFA represent ative 10. District Fisheries Dev. Officer, Lunglei-Member Secreta ry III. Saiha District1. Chief Executive Member, MADC-Chairman 2. Executive Member i/c Fisher ies MADC-Vice Chairman 3. District AH & Vety Officer, Saiha-Member 4. District Agriculture Officer, Saiha-Member 5. Asst. Registrar, Coop, Society, Saiha-Member 6. Manager, SBI, Saiha-Member 7. Pi Soraya Hlychho (Nunu-i), New Colony-II Saiha, Zofisfed representative-Member 8. Pu N.T. Khotlua, Maubawk, Saiha-Member 9. Pu K.Malsawma, Council veng, Saiha-Member Prominent Citizen 10. District Fisheries Dev. Officer, Saiha-Member secretary 1V. Kolasib District1. Dir ector, Fisher ies-Chairman 2District AH & Vety Officer, Kolasib-Member 3. District Agriculture Officer, Kolasib-Member 4. ASO, LR&S Deptt, Kolasib-Member 5. Asst. Registrar, Coop. Society, Kolasib-Member 6. Manager, SBI, Kolasib-Member 7. Pu C.T. Sanga, Vice Chairman, ZOFISFED-Member 8. Pu Pahnuna, Kolasib Venglai Prominent Citizen-Member 9. Pu Lalmalsawma Ngente, Bilkhawthlir-Member Prominent Citizen 10. Pu Sangchungnunga, Kolasib Venglai-Member Fish Farmer representative 11. District Fisheries Dev. Officer, Kolasib-Member Secreta ry V. Mamit District1. Dir ector, Fisher ies-Chairman 2. District Agriculture Officer, Mamit-Member 3. District AH & Vety Officer, Mamit-Member 4. ASO, LR&S Deptt, Mamit-Member 5. Assistant Registrar, Coop. Society, Mamit-Member 6. Manager, SBI,-Member 7. Pu Thanchungnunga, Board of Director, ZOFISFED-Member 8. Pu K. Lalngheta, Rengdil, representative of farmers-Member 9. Pu P.C. Lalromawia, Mamit, Prominent Citizen-Member 10. Pu Lalropuia, Lallen, Prominent Citizen-Member 11. Pu K.Vanlalchhunga, Reiek, Prominent Citizen-Member 12. District Fisheries Dev. Officer, Mamit-Member Secreta ry VI. Lawngtlai Dis trict1. CEM, LADC-Chairman 2CEM, LADC-Vice Chairman 3. EM i/c Fisheries CADC-Member 4. EM i/c Fisheries LADC-Member 5. District AH&Vety Officer, Lawngtlai-Member 6. District Agriculture Officer, Lawngtlai-Member 7. Asst. Registrar, Coop, Society, Lawngtlai-Member 8. Manager, SBI, Lawngtlai-Member 9. Pu H.Vanlalthaliana, Board of Director, Zofisfed-Member 10. Pu S.Lalmama, Thingkah, Lawngtlai-Member Representative of FF Association 11. Pu Lalthaliana, AOC Veng, Prominent Citizen-Member 12. District Fisheries Dev. Officer, Mamit-Member Secreta ry VII. Serchhip District1. Dir ector, Fisher ies-Chairman 2District AH & Vety Officer, Serchhip-Member 3. District Agriculture Officer, Serchhip-Member 4. Manager, SBI, Serchhip-Member 5. ASO, LR&S Deptt, Serchhip-Member 6. Asst. Registrar, Coop. Society, Serchhip-Member 7. Pu Remsanga, Chairman Bungtlang-Member Fisheries Coop, Society 8. Secretary, Fish Farmer Association, Serchhip-Member 9. Pu Lalramliana Sailo, Bazar Veng, Serchhip-Member Prominent Citizen 10. Pu R.Ramliana, Serchhip-Member Representative of Fish Farmer 11. District Fisheries Dev. Officer, Serchhip-Member Secreta ry VIII. Champhai District 1. Dir ector, Fisher ies-Chairman 2District AH & Vety Officer, Champhai-Member 3. District Agriculture Officer, Champhai-Member 4. Manager, SBI, Champhai-Member 5. ASO, LR&S Deptt, Champhai-Member 6. Asst. Registrar, Coop. Society, Champhai-Member 7. Pu Kawlbuaia, Board of Director, Zofisfed Ltd.-Member 8. Pu Vanenga, Champhai Vengthlang Prominent Citizen-MemberEx-432/2013 3 9. Pu T.Rochungnunga, Champhai Vengthlang,-Member Prominent Citizen 10. Pu Chalzama, New Champhai,-Member Representative of Fish Farmer 11. District Fisheries Dev. Officer, Champhai-Member Secreta ry The terms of reference for District Level Managing Board, Fish Farmers Development Agency for all Units Aizawl, Lunglei, Saiha, Lawngtlai, Kolasib and Mamit are as under :- 1. Duration of terms of :- 2 years from the date of formation the Board 2. Duties and responsibilities :- (i) Recommending programmes as per guidelines of Fish Farmers Development Agency pertain- ing to the District for approval by the State Level Managing Board for submission of proposal to Govt. of India. (ii) Recommending beneficiaries for final selection by the State Level Managing Board in line with programmes agreed and fund released by the State Level Managing Board pertaining to the Dist. (iii) District Level Monitoring and evaluation of the programmes and approval of the reports for submission to the State Level Managing Board. (iv) The District Level Managing Board should have at least 3 (three) sittings in every financial yea r. (a ) For recommending activities to be taken up. (b) For recommending beneficiaries for final selection. (c ) For review of monitoring and evaluation report for submission to the State Level Managing Boar d. K. Thanzama, Secretary to the Govt. of Mizoram. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500Ex-432/20134

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, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 451 NOTIFICATIONNo.H. 12017/55/2012-LJD, the 16th August, 2013.The following Act is hereby published for general information. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Act No. 14 of 2013) Zahming thang a Ralte, Deputy Secretary to the Govt. of Mizoram. Ex-451/20132 THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 ___________ ARRANGEMENT OF CLAUSES ___________ CHAPTER I PRELIMINARY CLAUSES 1.Short title, extent and commencement 2.Definitions 3.Prevention of sexual harassment. CHAPTER II CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE 4.Constitution of Internal Complaints Committee. CHAPTER III CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE 5.Notification of District Officer. 6.Constitution and jurisdiction of Local Complaints Committee. 7.Composition, tenure and other terms and conditions of Local Complaints Committee. 8.Grants and audit. CHAPTER IV COMPLAINT 9.Complaint of sexual harassment. 10.Concilia tion. 11.Inquiry into complaint. CHAPTER V INQUIRY INTO COMPLAINT 12.Action during pendency of inquiry. 13.Inquiry report. 14.Punishment for false or malicious complaint and false evidence. 15.Determination of compensation. 16.Prohibition of publication or making known contents of complaint and inquiry proceedings. Ex-451/2013 3 CLAUSES 17.Penalty for publication or making known contents of complaint and inquiry proceedings. 18.Appeal. CHAPT ER VI DUTIES OF EMPLOYER 19.Duties of employer. CHAPTER VII DUTIES AND POWERS OF DISTRICT OFFICER 20.Duties and powers of District Officer CHAPT ER VIII MISCELLANEOUS 21.Committee to submit annual report. 22.Employer to include information in annual report. 23.Appropriate Government to monitor implementation and maintain data. 24.Appropriate Government to take measures to publicise the Act. 25.Power to call for information and inspection of records. 26.Penalty for non-compliance with provisions of Act. 27.Cognizance of offence by courts. 28.Act not in derogation of any other law. 29.Power of appropriate Government to make rules. 30.Power to remove difficulties. THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 AN ACT to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. WHEREAS sexual harassment r esult s in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profes- sion or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment; AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as Conven- tion on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India; AND WHEREAS it is expedient to make provisions for giv- ing effect to the said Convention for protection of women against sexual harassment at workplace. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. (1) This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Gov- ernment may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,- (a) “aggrieved woman” means- (i) in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harass- ment by the respondent; Short title, extent and commencement. Definitions. Ex-451/20134 (ii) in relation to a dwelling place or house, a woman of any age who is employed in such a dwelling place or house; (b) “appropriate Government” means- (i) in relation to a workplace which is extablished, owned, controlled or wholly or substan- tia lly fina nced by funds pr ovided directly or indir ectly- (A) by the Central Government or the Union territory administration, the Central Government; (B) by the State Government, the State Government; (ii) in relation to any workplace not covered under sub-clause (i) and falling within its territory, the State Go- vernment ; (c) “Chairperson” means the Chairperson of the Local Com- plaints Committee nominated under sub-section (1) of section 7; (d) “District Officer” means an officer notified under sec- tion 5; (e) “domestic worker” means a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part time or full time basis, but does not include any member of the family of the employer; (f) “employee” means a person employed at a workplace for any work on regular, temporary,ad hoc or, daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remu- neration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co- worker, a contract worker, probationer, trainee, apprentice or called by any other such name; (g) “employer” means- (i) in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the ap- propriate Government or a local authority, the head of that depart- ment, organisation, undertaking, establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate Gov- ernment or the local authority, as the case may be, may by an order specify in this behalf; (ii) in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplace.Ex-451/2013 5 Explanation.- For the purposes of this sub-clause “ma n- agement” includes the person or board or committee responsible for formulation and administration of polices for such organisation; (iii) in relation to workplace covered under sub-clauses (i) and (ii), the person discharging contractual obligations with respect to his or her employees; (iv) in relation to a dwelling place or house, a person or a household who employs or benefits from the employment of domes- tic worker, irrespective of the number, time period or type of such worker employed, or the nature of the employment or activities per- formed by the domestic worker; (h) “Inter na l C ommittee” mea ns a n Interna l C ompla ints Committee constituted under section 4; (i) “Local Committee” means the Local Complaints Com- mittee constituted under section 6; (j) “Member” means a Member of the Interna l C ommittee or the Local Committee, as the case may be; (k) “prescribed” means prescribed by rules made under this Act; (l) “Presiding Officer” means the Presiding Officer of the Internal Complaints Committee nominated under sub-section (2) of section 4; (m) “respondent” means a person against whom the aggrieved woman has made a complaint under section 9; (n) “sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by im- plication) namely:- (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non- verbal conduct of sexual nature; (o) “workplace” includes- (i) any department, organisation, undertaking, estab- lishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the ap- propriate Government or the local authority or a Govern- ment company or a corporation or a co-operative society; Ex-451/20136 (ii) any private sector organisation or a private ven - ture, undertaking, enterprise, institution, establishment, soci- ety, trust, non-governmental organisation, unit or service pro- vider carrying on commercial, professional, vocational, edu- cational, entertainmental, industrial, health services or finan- cial activities including production, supply, sale, distribution or service; (iii) hospitals or nursing homes; (iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto; (v) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey; (vi) a dwelling place or a house; (p) “unorganised sector” in relation to a workplace means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten. 3.(1) No woman shall be subjected to sexual harassment at any workplace. (2) The following circumstances, among other circumstances, if it ocurs or is persent in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:- (i) implied or explicit promise of preferential treat - ment in her employment; or (ii) implied or explicit threat of detrimental treatment in her employment; or (iii) implied or explicit threat about her present or fu- ture employment status; or (iv) interference with her work or cr eating an intimi - dating or offensive or hostile work environment for her; or (v) humiliating treatment likely to affect her health o r s a f e t y. Prevention of sexual harassment.Ex-451/2013 7 CHAPTER II CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE 4. (1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Com- plaints Committee”: Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divi- sional level, the Internal Committee shall be constituted at all admin- istrative units or offices. (2) The Internal Committee shall consist of the following members to be nominated by the employer, namely:- (a) a Presiding Officer who shall be a woman em- ployed at a senior level at workplace from amongst the em- ployees: Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section (1): Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nomi- nated from any other workplace of the same employer or other department or organisation; (b) not less than two Members from amongst em- ployees preferably committed to the cause of women or who have had experience in social work or have legal knowledge; (c) one member from amongst non-governmental or ga nisations or associations committed to the cause of wo m en or a p er s on fa milia r wit h the is s u es r ela t ing t o s ex u a l harassment: Provided that at least one-half of the total Members so nominated shall be women. (3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the em- ployer. Constitution of Internal Complaints Committee. Ex-451/20138 (4) The Member appointed from amongst the non-govern- mental organisations or associations shall be paid such fees or allow- ances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed. (5) Where the Presiding Officer or any Member of the In- terna l C ommittee,- (a) contravenes the provisions of section 16; or (b) has been convicted for an offence or an in- quiry into an offence under any law for the time being in force is pending against him; or (c) he has been found guilty in any disciplinary pro- ceedings or a disciplinary proceeding is pending against him; or (d) has so abused his position as to render his con - tinuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed fr om the Committee a nd the vaca ncy so created or a ny casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section. CHAPTER III CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE 5. The appropriate Government may notify a District Magis- trate or Additional District Magistrate or the Collector or Deputy Collector as a District Officer for every District to exercise powers or discharge functions under this Act. 6. (1) Every District Officer shall constitute in the district concerned, a committee to be known as the “Local Complaints Com- mittee” to receive complaints of sexual harassment from establish- ments where the Internal Complaints Committee has not been con- stituted due to having less than ten workers or if the complaint is against the employer himself. (2) The District Officer shall designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or mu- nicipality in the urban area, to receive complaints and forward the same to the concerned Local Complaints Committee within a period of seven days. (3) The jurisdiction of the Local Complaints Committee shall extend to the areas of the district where it is constituted.Notification of District Officer. Constitution and ju risdiction of Local Complaints Committee.Ex-451/2013 9 7.(1) The Local Complaints Committee shall consist of the following members to be nominated by the District Officer, namely:- (a) a Chairperson to be nominated from amongst the eminent women in the field of social work and committed to the cause of women; (b) one Member to be nominated from amongst the women working in block, taluka or tehsil or ward or munici- pality in the district; (c) two Members, of whom at least one shall be a woman, to be nominated from amongst such non-govern- mental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, which may be prescribed: Provided that at least one of the nominees should, preferably, have a background in law or legal knowledge: Provided further that at least one of the nominees shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or minor- ity community notified by the Central Government, from time to time; (d) the concerned officer dealing wit h the social welfare or women and child development in the district, shall be a memberex officio. (2) The Chairperson and every Member of the Local Com- mittee shall hold office for such period, not exceeding three years, from the date of their appointment as may be specified by the Dis- trict Officer. (3) Where the Chairperson or any Member of the Local Complaints Committee- (a) contravenes the provisions of section 16; or (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or (c) has been found guilty in any disciplinary procee- dings or a disciplinary proceeding is pending against him; or (d) has so abused his position as to render his con - tinuance in office prejudicial to the public interest, such Chairperson or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual va- cancy shall be filled by fresh nomination in accordance with the pro- visions of this section.Composition, tenure and other terms and con ditions of Local Complaints Committee. Ex-451/201310 (4) The Chairperson and Members of the Local Committee other than the Members nominated under clause (b) and (d) of sub- section (1) shall be entitled to such fees or allowances for holding the proceedings of the Loal Committee as may be prescribed. 8. (1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the State Govern- ment grants of such sums of money as the Central Government may think fit, for being utilised for the payment of fees or allowances referred to in sub-section (4) of section 7. (2) The State Government may set up an agency and trans- fer the grants made under sub-section (1) to that agency. (3) The agency shall pay to the District Officer, such sums as may be r equir ed for the payment of fees or allowa nces referred to in sub-section (4) of section 7. (4) The accounts of the agency referred to in sub-section (2) shall be maintained and audited in such manner as may, in consulta- tion with the Accountant General of the State, be prescribed and the person holding the custody of the accounts of the agency shall fur- nish, to the Sta te Government, before such date, as may be pre- scribed, its audited copy of accounts together with auditors’ report ther eon. CHAPTER IV COMPLAINT 9. (1) Any aggrieved woman may make, in writing, a com- plaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so consti- tuted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident: Provided that where such complaint cannot be made in writ- ing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing: Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is sat- isfied that the circumstances were such which prevented the woman from filing a complaint within the said period. Grant and audit. Complaint of sexual harassment.Ex-451/2013 11 (2) Where the aggrieved woman is unable to make a com- plaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section. 10. (1) The Internal Committee or, as the case may be, the Local Committee, may, before initiating an inquiry under section 11 and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation: Pr ovided tha t no monetar y settlement sha ll be made as a basis of conciliation. (2) Wher e a settlement ha s been a rrived a t under sub-sec- tion (1), the Internal Committee or the Local Committee, as the case may be, shall record the settlement so arrived and forward the same to the employer or the District Officer to take action as specified in the recommendation. (3) The Internal Committee or the Local Committee, as the case may be, shall provide the copies of the settlement as recorded unde sub-section (2) to the aggrieved woman and the respondent. (4) Where a settlement is arrived at under sub-section (1), no further inquiry shall be conducted by the Internal Committee or the Local Committee, as the case may be. 11. (1) Subject to the provisions of section 10, the Internal Committee or the Local Committee, as the case may be, shall, where the respondent is an employee, proceed to make inquiry into the com- plaint in accordance with the provisions of the service rules appli- cable to the respondent and where no such rules exist, in such man- ner as may be prescribed or in case of a domestic worker, the Local Committee shall,if prima faciecase exist, forward the complaint to the police, within a period of seven days for r egistering the case under section 509 of the Indian Penal Code, and any other relevant provisions of the said Code where applicable: Provided that where the aggrieved woman informs the In- ternal Committee or the Local Committee, as the case may be, that any term or condition of the settlement arrived at under sub-section (2) of section 10 has not been complied with by the respondent, the Internal Committee or the Local Committee shall proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police: Provided further that where both the parties are employees, the parties shall, during the course or inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee. Conciliation. Inquiry into complaint. 45 of 1860. Ex-451/201312 (2) Notwithstanding anything contained in section 509 of the Indian Penal Code, the court may, when the respondent is convicted of the offence, order payment of such sums as it may consider ap- propriate, to the aggrieved woman by the respondent, having regard to the provisions of section 15. (3) For the purpose of making an inquiry under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of docu- ments; and (c) any other matter which may be prescribed. (4) The inquiry under sub-section (1) shall be completed within a period of ninety days. CHAPTER V INQUIRY AND COMPLAINT 12. (1) During the pendency of an inquiry, on a written re- quest made by the aggrieved woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the em- ployer to- (a) transfer the aggrieved woman or the respondent to any other workplace; or (b) grant leave to the aggrieved woman up to a pe- riod of three months; or (c) grant such other relief to the aggrieved woman as may be prescribed. (2) The leave granted to the aggrieved woma n under this section shall be in addition to the leave she would be otherwise en- titled. (3) On the recommendation of the Internal Committee or the Loca l Commit tee, as the case may be, under sub-section (1), the employer shall implement the recommendations made under sub-sec- tion (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be. 13. (1) On the completion of an inquiry under this Act, the Interna l Committee or the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the case 45 of 1860. 5 of 1908. Action during pendency of inquiry Inquiry report.Ex-451/2013 13 may be, the District Officer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned p arties. (2) Wher e the Interna l C ommittee or the Local C ommittee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the em- ployer and the District Officer that no action is required to be taken in the matter. (3) Wher e the Interna l C ommittee or the Local C ommittee, as the case may be, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be- (i) to take action for sexual harassment as a miscon- duct in accor da nce with t he provisions of the service r ules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed; (ii) to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine in accordance with the provisions of section 15: Provided that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman: Provided further that in case the respondent fails to pay the sum referred to in clause (ii), the Internal Committee or, as the case may be, the Local Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned Distr ict Officer. (4) The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him. 14.(1) Where the Internal Committee or the Local Commit- tee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed : Punishment for false or malicious complaint and f alse evidence. Ex-451/201314 Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complain- ant under this section: Provided further that the malicious intent on part of the com- plainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended. (2) Wher e the Interna l C ommittee or the Local C ommittee, as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or mis- leading document, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action in accor- dance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed. 15. For the purpose of determining the sums to be paid to the aggrieved woman under clause (ii) of sub-section (3) of section 13, the Internal Committee or the Local Committee, as the case may be, shall have regard to- (a) the mental trauma, pain, suffering and emtional distress caused to the aggrieved woman; (b) the loss in the career opportunity due to the incident of sexual harassment; (c) medical expenses incurred by the victim for physical or psychiatric treatment; (d) the income and financial status of the respondent; (e) feasibility of such payment in lump sum or in instalments. 16. Notwithstanding anything contained in the Right to In- formation Act, 2005, the contents of the complaint made under sec- tion 9, the identity and addresses of the aggrieved woman, respon- dent and witnesses, any information relating to conciliation and in- quiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner: Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.Determination of compensation. 22 of 2005. Prohibition of publication or making known contents of complaint and inquiry proceed- ingsEx-451/2013 15 17. Where any person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under the provisions of this Act, contravenes the provisions of section 16, he shall be liable for penalty in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist, in such manner as may be prescribed. 18. (1) Any person aggr ieved fr om t he r ecommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recom- mendations may prefer an appeal to the court or tribunal in accor- dance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed. (2 ) T he a p p ea l u nder s u b -s ect ion (1 ) s ha ll b e p r efer r ed wit hin a period of ninety days of the recommendations. CHAPT ER VI DUTIES OF EMPLOYER 19. Every employer shall- (a) provide a safe working environment at the work- place which shall include safety from the persons coming into contact at the workplace; (b) display at any conspicuous place in the work- place, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under sub-sec- tion (1) of section 4; (c) organise workshops and awareness programmes at regular intervals for sensitising the employees with the pr ovisions of the Act and orienta tion progr ammes for the members of the Internal Committee in the manner as may be prescribed; (d) provide necessary facilities to the Internal Com- mittee or the Local Committee, as the case may be, for deal- ing with the complaint and conducting an inquiry; (e) assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be; Duties of employerEx-451/201316 Penalty for publication or making known contents of complaint and inquiry proceed- ings. Appeal. (f) make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub- section (1) of section 9; (g) provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force; (h) cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place; (i) treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct; (j) monitor the timely submission of reports by the Interna l C ommittee. CHAPTER VII DUTIES AND POWERS OF DISTRICT OFFICER 20.The District Officer shall,- (a) monitor the timely submission or reports furnished by the Local Committee; (b) take such measures as may be necessary for engaging non-governmental organisations for creation of awareness on sexual harassment and the rights of the women. CHAPT ER VIII MISCELLANEOUS 21. (1) The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer. (2) The District Officer shall forward a brief report on the annual reports received under sub-section (1) to the State Govern- ment. 22. The employer shall include in its report the number of cases filed, if any, and their disposal under this Act in the annual report of his organisation or where no such report is required to be prepa red, intimate such number of cases, if any, to the Distr ict Officer. Duties and Powers of District Officer. Committee to submit annual report. Employer to include informa- tion in annual report.Ex-451/2013 17 45 of 1860. 45 of 1860. 23. The appropriate Government shall monitor the implemen- tation of this Act and maintain data on the number of cases filed and disposed of in respect of all cases of sexual harassment at workplace. 24. The appropriate Government may, subject to the avail- ability of financial and other resources,- (a) develop relevant information, education, commu- nica tion a nd tr aining materials, and organise awareness programmes, to advance the understanding of the public of the provisions of this Act providing for protection against sexual harassment of woman at workplace; (b) formulate orientation and training programmes for the members of the Local Complaints Committee. 25. (1) The appropriate Government, on being satisfied that it is necessary in the public interest or in the interest of women em- ployees at a workplace to do so, by order in writing,- (a) call upon any employer or District Officer to fur- nish in writing such information relating to sexual harass- ment as it may requir e; (b) authorise any officer to make inspection of the records and workplace in relation to sexual harassment, who shall submit a report of such inspection to it within such pe- riod as may be specified in the order. (2) Every employer a nd District Officer shall p roduce on demand befor e the officer making the inspection a ll informa tion, records and other documents in his custody having a bearing on the subject matter of such inspection. 26. (1) Where the employer fails to- (a) constitute an Internal Committee under sub-sec- tion (1) of section 4; (b) take action under sections 13, 14 and 22; and (c) contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder, he shall be punishable with fine which may extend to fifty thousand rupees.Power to call for information and inspection of records. Penalty for non- compliance with provisions of Act. Ex-451/201318 Appropriate Government to monitor implementation and maintain data. Appropriate Government to take measures to publicise the Act. (2) If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to- (i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment be- ing maximum provided for the same offence: Provided that in case a higher punishment is pre- scribed under any other law for the time being in force, for the offence for which the accused is being prosecuted, the court shall take due cognizance of the same while awarding the punishment; (ii) cancellation, of his licence or withdrawal, or non- renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local authority re- quired for carrying on his business or activity. 27. (1) No court shall take cognizance of any offence pun- ishable under this Act or any rules made thereunder, save on a com- plaint made by the aggrieved woman or any person authorised by the Internal Committee or Local Committee in this behalf. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punish- able under this Act. (3) Every offence under this Act shall be non-cognizable. 28.The provisions of this Act shall be in addition to and not in derogation of the pr ovisions of any other law for the time being in force. 29. (1) The Central Government may, by notification in the Official Ga zette, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the follow- ing matters, namely:- (a) the fees or allowances to be paid to the Mem- bers under sub-section (4) of section 4; (b) nomination of members under clause (c) of sub- section (1) of section 7; (c) the fees or allowances to be paid to the Chair- person, and Members under sub-section (4) of sec- tion 7; (d) the person who may make complaint under sub- section (2) of section 9;Cognizance of offence by courts. Act not in derogation of any other law. Power of appropriate Government to make rules. Ex-451/2013 19 (e) the manner of inquiry under sub-section (1) of section 11; (f) the powers for making an inquiry under clause (c) of sub-section (2) of section 11; (g) the relief to be recommended under clause (c) of sub-section (1) of section 12; (h) the manner of action to be taken under clause (i) of sub-section (3) of section 13; (i) the manner of action to be taken under sub-sec- tions (1) and (2) of section 14; (j) the manner of action to be taken under section 17; (k) the manner of appeal under sub-section (1) of section 18; (l) the manner of organising workshops, awareness programmes for sensitising the employees and orientation programmes for the members of the Internal Committee un- der clause (c) of section 19; and (m) the form and time for preparation of annual re- port by Internal Committee and the Local Committee under sub-section (1) of section 21. (3) Every rule made by the Central Government under this Act shall 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 suc- cessive sessions, and if, before the expiry of the session immediately following the session or the sucessive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. (4) Any rule made under sub-section (4) of section 8 by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where su ch Legislatur e consists of one House, before that House. 30. (1) If any difficulty arises in giving effect to the provi- sions of this Act, the Central Government may, be order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for remov- ing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the 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. Power to remove difficulties. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500Ex-451/201320

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 13.9.2013 Bhadrapada 22, S.E. 1935, Issue No. 485 AFFIDAVIT I, Lalnunngili W/o Zothantluanga, a permanent resident of Chaltlang Lily Veng, Aizawl, Mizoram do hereby solemnly affirm and state a s follows :- 1.That I am bonafide citizen of India belonging to Scheduled tribe community of M izo. 2.That I am working as UDC in the Engineer-in-Chief, PWD, Govt. of Mizoram. 3.That in my HSLC Certificate (Roll No. 1222 under Board of Secondary Education, Assa m) & Appointment Order my name has been mista kenly written and recorded as Nunngili. 4.That my true and correct name is Lalnunngili. 5.That the purpose of this a ffidavit is to change my name as Lalnunngili instead of Nunngili in my appointment order. And from this day my name should be written and r ecorded as Lalnunngili in all official or non-official purposes. 6.That the contents of this affida vit are true a nd correct to the best of my knowledge and belief, and nothing material has been concealed therin. IN WIT NESS WHEREOF I have hereunto subscribed my hand and put my signature on this 5th da y of August, 2013. Sd/- DEPONENT Ident ified by me;Signed befor e me Sd/-Sd/- LalbiakthuamaR. Thangkanglova, Advoca te,Advocate & Notary Public, Tuikua l North : AizawlAizawl : Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Notarial Registration No 89/8 Date 5/8/2013

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, Friday 13.9.2013 Bhadrapada 22, S.E. 1935, Issue No. 486 AFFIDAVIT I, Mr H. Thantluanga son of Lalbuaia, a permanent resident of Tachhip, Mizoram, do hereby solemnly affirm and say as under :- 1.That I am bonafide citizen of India belonging to Scheduled tribe community of M izo. 2.That I am working as IV Grade in the Department of Mizoram Legislative Assembly S ecretar iat, Govt. of Mizoram. 3.That my name has been written and recorded as Tha ntluanga in my Appointment Letter, whereas in my Voter ’s ID Ca rd, Family Ration Card and other impor tant documents my true and cor rect name has been written and r ecorded as H. Thantlua nga. 4.That the pur pose of this a ffidavit is to correct my name as H. Thantlua nga which has been written as T hantluanga in my appoint ment letter. 5.That from now onward my name shall be writ ten and recorded as H. Thantlua nga. 6.That the contents of this affida vit are true a nd correct to the best of my knowledge and belief, and nothing material has been concealed therin. IN WIT NESS WHEREOF I have hereunt o subscribed my hand and put my signature on this 11th da y of September, 2013. Sd/- DEPONENT Ident ified by me;Signed befor e me Sd/-Sd/- C. Lalrinchhani,R. Thangkanglova, Advoca te,Advocate & Notary Public, Aizawl : MizoramAizawl, Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Notarial Registration No 107/9 Date 11/9/2013

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, Thursday 10.10.2013 Asvina 18, S.E. 1935, Issue No. 539 NOTIFICATIONNo.B. 11020/5/91-FST, the 27th September, 2013.The Governor of Mizoram is pleased to approve issue of permission for felling of Bamboo from private plantation (Non-Forest Areas) for sale outside Mizoram as per guidelines appended herewith. J.L.Singh, Principal Secretary to the Govt. of Mizoram, Environment & Forest Department. GUIDLINES FOR ISSUE OF PERMISSION FOR FELLING OF BAMBOO FROM PRIVATEPLANTATION (NON-FOREST AREAS) FOR SALE OUTSIDE MIZORAMIn view of Bamboo defined as “Tree” in Mizoram Forest Act, 1955 and in order to ensure sustainable management of Bamboo on private lands in Mizoram, the following guidelines “FOR ISSUE OF PERMIS- SION FOR FELLING OF BAMBOO FROM PRIVATE PLANTATION (NON-FOREST AREAS) FOR SALE OUTSIDE MIZORAM” will become effective the date of issue and will prevail over any other guidelines/instructions issued in this regard earlier. 1.Persons owning/possessing non-forest private lands with private bamboo plantations in Mizoram, having valid land ownership documents may apply in prescribed format to the office of DFO/Range Officer for issue of Bamboo Permissions to fell the bamboos with a purpose to sell outside Mizoram. 2.The Bamboo plantation owners of private lands are required to be registered with the office of con- cerned DFO in the same manner as governed under Felling Rules for Private lands. In case the owner is not registered, he may be allowed to fell Bamboos on his land with a permission issued in this regard as a one time relaxation. However second application for the same property for issue of bamboo permission for sale outside Mizoram will not be accepted without registration of such land for issue of bamboo permission. Registration of property will be done by the forest office after proper scrutiny of documents of ownership and ensuring that the land is a non-forest private land. Each application for registration has to be accompanied by a Certified copy of land settlement Document/Periodic Patta, etc. and NOC from Village Council. 3.Each application for issue of Bamboo Permission shall be accompanied by the following documents: (a)Prescribed form duly filled by the applicant. (b)Copy of registration of property for issue of Bamboo Permission. Or Certified attested copy of land Settlement Certificate/Periodic Patta/etc. and NOC from Village Council. (c)Sketch map of the area. (d)Copy of last permission issued if any. 4.On receipt of such application in the office of Range Forest Officer either directly by the applicant or in case such an application is forwarded by the Divisional Office to the Range Office, the concerned Range Officer will verify the documents and get a spot verification conducted by a subordinate Forest Officer not below the rank of a Forester for the availability of harvestable nos. of Bamboo against the no. of bamboo applied. The Range Forest Officer will also ensure the authenticity of the applicant and the documents and also the status of the land as non-forest land. 5.The Range Forest Officer will ensure that Bamboo permission are issued only in respect of private bamboo plantations over privately owned non-forest lands and provisions of the Forest Conservation Act 1980 or Apex Court is not violated. 6.The Range Forest Officer may either recommended the application in toto or in part to the Divisional Forest Officer for issued of Bamboo Permission or he may reject the application giving a reasoned order. On receiving the recommenda tion from RFO, the DFO after pr oper scrutiny may issue a Bamboo Permission on the basis of recommendation made by the RFO or he may restrict the number of bamboos to be removed as per reasoned judgement. The applicant if he is not satisfied with the order of RFO, may represent the case to the DFO who will pass an order within 15 days of receiving the representation. An appeal against the order of DFO may be made by the applicant to the office of Conservator of Forest, whose order will be final. 7.No royalty will be levied for the bamboos extracted from a bamboo plantation raised and/ or main- tained by a private individual on a property owned by him. However, an administrative fee of Rs.0.50 per Bamboo will be charged for extracting the bamboos for commercial purpose for sale/transport outside the State. 8.Only the Bamboo Permission will be issued in respect of a property within a Calendar year. 9.The Bamboo Permission are not transferable. 10. All Territorial DFOs are authorized to issue bamboo permission not exceeding 50,000 full length bamboos at a time in respect of a property to any individual applicant. 11. Bamboo of less than 4 years age will not be permitted to be removed.In no case clear felling of the bamboos will be permitted. The operation period of cutting the bamboo will be restricted to a maxi- mum of two months from the date of issue of permission in case the applicant desires to transport the bamboo to any place within or outside the state, he may apply for a transport permission before the expiry of the operation period of the permission. Ex-539/20132 12. The transport permission will be issued only after inspecting the area from where the bamboo permis- sion is issued and after ensuring that the bamboo have been harvested from this area only. 13. Extension of operation period should not normally be allowed except under exceptional cases. The competent authority for extension of bamboo permission will be DFO. 14. The sale of bamboos outside the State should be permitted only from designated depots/points speci- fied by the department/division at the interstate boundary. The bamboo permission will specify the route for transporting the bamboo up to the sale depot at the interstate border and shall be so incorpo- rated in the transit pass issued. Such Transit pass issued will invariably be accompanied with the Felling Permissions for verification at such sale depot. 15. The DFO shall submit a quaterly report to the CF’s office in the prescribe format. The CF office will submit a compile quarterly report for the circle to the PCCF office. APPLICATION FORM FOR ISSUE OF BAMBOO PERMISSION FROM PRIVATE BAM- BOO PLANTATIONS IN NON-FOREST AREAS FOR SALE OUTSIDE MIZORAM. 1.Name of Applicant: 2.Father’s Name: 3.Complete Residential Address & Contact No. : 4.Details of Garden/Applied area (LSC/PP No.) (a)Name of the village: (b)Name of the Location/Garden: 5.Registration details of property (if any): 6.Area of the property: 7.Number of bamboo applied: 8.Purpose weather bonafide use/sale within the : District/State or outside the state 9.Date of issue of last permit, if any: 10.Proposed route of transport: Enclosure 1.Copy of registration certificate (optional for first time applicants): 2.Certified attested copy of LSC/PP (Optional if registration certificate is enclosed) :Ex-539/2013 3 2.NOC from VC: 3.Sketch map of the location/garden: 4.Copy of last permit issued, if any: 5.Any other: UNDERTAKINGI________________________(S/o, D/o)______________________R/o_______________owner of _____________________________holding (LSC/VC/PP No.)_______________________undertake to abide by the r ecommendation/ permission issued by the Range Officer for a Bamboo Permit. I also undertake to fell the Bamboos only from my property mentioned in the Bamboo permit and will not damage the new bamboo shoots in the permitted area and not to clearfell the Bamboo Area in my property. Signature of applicant SPOT VERIFICATION FORM FOR BAMBOO PERMIT FROM NON-FOREST AREAS 1.Name of Applicant: 2.Father ’s na me: 3.Complete R esidentia l Address &: Contact No. 4.Location of Garden/Applied Area: (Sketch map also to be attached) 5.Proof of ownership(Pass No & Year) : 6.Area of Garden/Applied area: 7.Registration details of the property: 8.Whether Forest Non/forest area : 9.No. of bamboos applied for: 10.No. of mature bamboos which can be harvested (- 3 years old) from the property 11.No. of Bamboos recommended for felling 12.Reason for the recommendation if it is below the numbers applied for Ex-539/20134 13.Purpose whether bonafide use of sale within/outside Mizoram 14.Whether any permit issued in the same area earlier and the validity period of the same 15.Route of transport CertificateCertified that,,_____________________have personally inspected the property in presence of the appli- cant/owner and certify that the property is non-forest area and felling of bamboos as recommended will not amount to violation of Forest (Conservation) Act, 1980. Signature: Name of verifying officer with: Designation (with seal):Ex-539/2013 5 Published and Issued by the Controller, Printing & Stationery, 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, Thursday 10.10.2013 Asvina 18, S.E. 1935, Issue No. 541 NOTIFICATIONNo.H.12017/55/2013-LJD, the 8th October, 2013.The following Central Act is hereby republished for general information. The Securities Laws (Amendment) Second Ordinance, 2013 (Ordinance No. 9 of 2013) Zahmingthanga Ralte, Deputy Secretary to the Govt. of Mizoram. THE SECURITIES LAWS (AMENDMENT) SECOND ORDINANCE, 2013 No. 9 of 2013 Promulgated by the President in the Sixty-fourth Year of the Repub- lic of India. An Ordinance further to amend the Securities and Exchange Board of India Act, 1992, the Securities Contracts (Regulation) Act, 1956 and the Depositories Act, 1996. Wher eas the Securities Laws (Amendment) Ordinance. 2013 further to amend the Securities and Exchange Board of India Act, 1992, the Securities Contracts (Regulation) Act, 1956 and the De- positories Act, 1996 was promulgated by the President on the 18th July. 2013; And Whereas the Securities Laws (Amendment) Bill, 2013 with certain modifications was introduced in the House of the People to replace the said Ordinance but has not yet been passed; And Whereas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give continued effect to the provi- sions of the said Ordinance: Now, Therefore, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:— CHAPTER 1 Preliminary 1.(1) This Ordinance may be called the Securities Laws (Amendment) Second Ordinance, 2013. (2) Save as otherwise provided in this Ordinance, it shall be deemed to have come into force on the 18th day of July, 2013. CHAPTER II AMENDMENTS TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 2. In section 11 of the Securities and Exchange Board of India Act, 1992 (hereinafter in 15 of 1992 (hereinafter in this Chap- ter referred to as the principal Act), (i) in sub-section (2),— (a)for clause (ia), the following clause shall be substi- tuted, namely:— Short title and commencement Amendment ot section 11.15 of 1992. Ex-541/20132 (“ia) calling for information and records from any person including any ba nk or any other a uthority or board or corporation established or constituted by or under any Central or State Act which, in the opinion of the Board, shall be relevant to any investigation or in- quiry by the Board in respect of any transaction in se- curities;"; (b)after clause (ia), the following clause shall be in- serted and shall be deemed to have been inserted with effect from the 6th day of March, 1998, namely:— "(ib) calling for information from, or furnishing infor- mation to, other authorities, whether in India or outside India, having functions similar to those of the Board, in the matters relating to the pr evention or detection of violations in respect of securities laws, subject to the provisions of other laws for the time being in force in this regard: Provided that the Board, for the purpose of furnishing any information to any authorit y outside India, may enter into an ar- rangement or agreement or understanding with such authority with the prior approval of the Central Government;"; (ii) after sub-section (4), the following sub-section shall be inserted, namely:— "(5) The amount disgorged, pursuant to a direction issued, under section IIB or section 12A of the Securities Contracts (Regu- lation) Act, I956 or section 19 of the Depositories Act, 1996, as the case may be, shall be credited to the Investor Protection and Educa- tion Fund established by the Board and such amount shall be utilised by the Board in accordance with the regulations made under this Ordinance.". 3. In section 11A A of the principal Act,— (i) in sub-section (1)-— (a) after the word, brackets and figure "sub-section (2)", the words,brackets, figure and letter "or sub-section (2A)" shall be inserted; (b) the following proviso shall be inserted, namely:- "Provided that any pooling of funds under any scheme or arrangement, which is not registered with the Board or is not cov- ered under sub-section (3), involving a corpus amount of one hun- dr ed cror e rupees or more sha ll be deemed to be a collective invest- ment scheme.";42 of 1956. 22 of 1996. A m e n d m e n t of section l1 AA.Ex-541/2013 3 (ii) in sub-section (2), in the opening portion, for the word "company'', the word "person" shall be substituted; (iii) after sub-section (2), the following sub-section shall be inserted, namely:— "(2A) Any scheme or arrangement made or offered by any person satisfying the conditions as may be specified in accordance made under regulations this Act."; (iv) in sub-section (3),— (a) after the word, brackets and figure "sub-section (2)", the words,brackets, figure and letter 'or sub-section (2A)"' shall be in- serted; (b) after clause (viii), the following clause shall be inserted, namely:— "(ix) such other scheme or arrangement which the Central Government may, in consultation with the Board, notify,”. 4. In section IIB of the principal Act, the following Expla- nation shall be inserted, namely:— "Explanation.—For the removal of doubts, it is hereby de- clared that the power to issue directions under this section shall in- clude and alwa ys be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this Act or regulations made thereunder, the disgorge an amount equiva- lent to the wrongful gain made or loss averted by such contraven- tion. ”. 5. In section 11C of the principal Act,— (i) for sub-section (8), the following sub-section shall be substitued, namely:— '(8) Where in the course of an investigation, the Investigat- ing Authority-has reason to believe that any person or enterprise, as the case may be, to whom a notice under sub-section (3) has been issued or might be issued,— (a) has omitted or failed to provide the information or pro- duce documents as required in the notice; or (b) would not provide the information or produce documents which shall be useful for, or relevant to. the investigation: orAmendment of section 11B Amendment of section 11C Ex-541/20134 (c) would destroy, mutilate, alter, falsify or secrete the informationor documents useful for, or relevant to, the investiga- tion, then, the Chairman may, after being satisfied that it is necessary to do so. authorise the Investigating Authority or any other officer of the Board (the officer so authorised in all cases being hereinafter referred to as the authorised officer), to— (i) enter and search, with such assistance, as may be required, the building, place, vessel, vehicle or aircraft where such informa- tion or documents are expected or believed to be kept; (ii) break open the lock of any door, box, locker, safe almirah or other receptacle for exercising the powers conferred by sub-clause (i), wherer the keys thereof are not available; (iii) search any person who has got out of, or is about to get into, or is in, the building, place, vessel, vehicle or aircraft, if the authorised officer has reason to suspect that such person has se- creted about his person any such books of account or other docu- ments; (iv) require any person who is found to be in possession or control of any books of account or other documents, maintained in the form of electronic record, to provide the authorised officer the necessary facility to inspect such books of account or other docu- ments. Explanation—For the purposes of this sub-clause, the ex- pression "'electronic record" shall have the meaning assigned to it in cluase (t) of sub-section (1) of section 2 of the information Technol- ogy Act, 2000. (v) seize any such books of account or other documents found as a result of such search; (vi) place marks of identification on any books of account or other documents or make or cause to be made extracts or copies therefr om; (vii) record on oath the statement of any person who is found to be in possession or in control of the information or documents referred to in sub-clause (i), (iii) and (iv).'; (ii) for sub-section (9), the following sub-section shall be substituted, namely,— "(9) The Board may make regulations in relation to any search or seizure under this section; and in particular, without preju- dice to the generality of the forgoing power, such regulations may provide for the procedure to be followed by the authorised officer—21 of 2000. Ex-541/2013 5 (a) for obta ining ingress into any building, place, vess el, vehicle or aircracft to be searched where free ingress thereto is not available; (b) for ensuring safe custody of any books of account or other documents or assets seized."; (iii) in sub-section (10), the words "and inform the Magis- trate of such return" shall be omitted. 6.After section 15JA of the principal Act, the following sec- tion shall be inserted and shall be deemed to have been inserted with effect from the 20th day of April, 2007,namely:— "15JB. (1) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any pro- ceedings have been initiated or may be initiated under section 11, section 1 IB, section 1ID, sub-section (3) of section 12 or section 15-1, may file an application in writting to the Board proposing for settlement of the proceeding initiated or to be initiated for the al- leged defaults. (2) The Board may, after taking into consideration the na- ture, gravity and impact ot defaults, agree to the proposal for settle- ment, on pa yment of such sum by the defaulter or on such other terms as may be determined by the Board in accordance with the regulations made under this Act. (3) The settlement proceedings under this section shall be conducted in accordance with the procedure specified in the regula- tions made under this Act. (4) No appeal shall lie under section 15T against any order passed by the Board or Adjudicating officer, as the case may be, under this section.". 7.In section 15T of the principal Act.sub-section (2) shall be omitted. 8.In section 26 of the principal Act, sub-section (2) shall be omitted. 9.After section 26 of the principal Act, the following sections shall be inserted, namely:— trial of offences under this Act, by notification, establish or desig- nate as many Special ni Specia!Courts as may be necessary. courts. Insertion of new section 15JB. Settlement of ad- ministrative and civil proceedings Amendment of section 15T. Amendment of section 26. Insertion of new sec- tions 26A, 26B. 26C, 26D and 26E. of Special Courts. Ex-541/20136 (2) A Special Court shall consist of a single judge who shall be appointed by the Central Government with the concurrence of the Chief J ustice of the High Court within whose jurisdiction the judge to be appointed is working. (3) A person shall not be qualified for appointment as a judge of a Special Court unless he is, immediately before such appoint- ment, holding the office of a Sessions Judge or an Additional Ses- sions Judge, as the case may be. 26B. Notwithstanding a nything contained in the Code of Criminal Procedur e, 1973, a ll offences under this Act commit ted prior to the date of commencement of the Securities Laws (Amend- ment) Second Or dinance, 2013 or on or after the date of such com- mencement, shall be taken cognizance of and triable by the Special Court established for the area in which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned. 26C. The High Court may exercise, so far as may be appli- cable, all the powers and conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 on a High Court, as if a Spe- cial Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court. 26D.(1) Save as otherwise provided in this Act, 'the provi- sions ofthe Code of Criminal Procedure, 1973 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 Ses- sion and the person conducting prosecution before a Special Court shall be deemed to be a Public P rosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973. (2) The person conducting prosecution referred to in sub- section (1) should have been in practice as an Advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the Union or a State. requiring special knowl- edge of law. 26E. Any offence committed under this Act, which is tri- able by a Special Court shall, until a Special Court is established, be taken cognizance of and tried by a Court of Session exercising juris- diction over the ar ea, notwithstanding anything contained in the Code of Criminal Procedure, 1973:Offences triable by Special Courts. 2 of 1974. Appeal and revi- sion. 2 of 1974. 2 of 1974 Application of Code to proceed- ings before Special Court. Transition al provi- sions. 2 of 1974.Ex-541/2013 7 Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code of Criminal Procedure, 1973 to transfer any case or class of cases taken cognizance by a Court of Session under this Section.". 10. After section 28 of the principal Act, the following section shall be inserted, namely:— '28 A. (1) If a person fails to pay the penalty imposed by the adjudicating officer or fails to comply with any direction of the Board for refund of monies or fails to comply with a direction of disgorgement order issued under section 1IB or fails to pay any fees due to the Board, the Recovery Officer may draw up under his sig- nature a statement in the specified form specifying the amount due from the person (such statement being hereafter in this Chapter re- ferred to as certificate) and shall proceed to recover from such per- son the amount specified in the certificate by one or more of the following modes, namely:— (a) attachment and sale of the person's movable properly; (b) attachment of the person's bank accounts; (c) attachment and sale of the person's immovable property; (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person's movable and immovable properties; and for this purpose, the provisions of sections 221 to 227,228A, 229,232, the Second and Third Schedules to the Income-ta x Act, 1961 and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules made thereun- der were the provisions of this Act and referred to the amount due under this Act instead of to income-tax under the Income-tax Act, 1961. Explanation 1.—For the purpose of this sub-section, the person's movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred directly or indirectly on or after the date when the amount specified in cer tificate had become due, by the person to his spouse or minor child or son's wife or son's minor child, otherwise than for adequate consideration and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank ac- counts so transferred to his minor child or his son's minor child is concerned, it shall, even after the date of attainment of majority by such minor child or son's minor child, as the case may be, continue to be inclu ded in the person's movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this Act.43 of 1961. Ex-541/20138 Insertion of new section 28A. Recovery of amou nts 2 of 1974. Explanation 2.— Any reference under the provisions of the Second and Third Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proceedings) 43 of 1961 Rules, 1962 to the assessee sha ll be construed as a reference to the person specified in the certificate. Explanation 3 . —Any r efer ence t o a p p eal in C ha p t er XV11 D and the Second Schedule to the Income-tax Act, 1961, shall be con- strued as a reference to appeal 43 of befor e the Securities Appellate Tribunal under section 15T of this Act. (2) The Recovery Officer shall be empowered to seek the assistance of the local district administr ation while exercising the powers under sub-section (1). (3) Notwithstanding anything conta ined in any other law for the time being inforce, the recovery of amounts by a Recovery Officer under sub-section (1), pursuant to non-compliance with any direction issued by the Board under section 1IB, shall have prece- dence over any other claim against such person. (4) For the porpose of sub-section (1), (2) and (3), the ex- pression "RecoveryOfficer" means any officer of the Board who may be authorised, by general or special order in writing, to exercise the powers of a Recovery Officer.'. 11.In of the principal Act, in sub-section (2),— (i) after clause (c), the following clauses shall be inserted, namely:— “(ca) the utilisation of the amount credited under sub-sec- tion (5) of section 11; (cb) the fulfilment of other conditions relating to collective investment scheme under sub-section (2A) of section 11AA; (cc) the procedure to be followed by the authorised officer for search or seizure under sub-section (9) of section 11C;"; (ii)after clause (d). the following clauses shall be inserted, namely:— "(da) the terms determined by the Board for settlement of proceedings under sub-section (2) and the procedure for conducting of settlement proceedings under sub-section (3) of section 15JB: (db) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations.".43 of 1961. 43 of 1961. Amendment to section 30Ex-541/2013 9 12.After section 34 of the principal Act, the following section shall be inserted, insertion of namely;— "34A. Any act or thing done or purporting to have been done under the principal Act, in respect of calling for information from, or furnishing information to, other authorities, whether in India or outside India, having functions similar to those of the Board and in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amend- ments made to the principal Act had been in force at all material times.". CHAPTER III AMENDMENT TO THE SECURITIES CONTRACTS (REGULATION) ACT, 1956 13.In section 12Aof the Securities Contracts (Regulation) Act, 1956 (hereafter in this Amendment Chapter referred to as 'the prin- cipal' Act), the following Explanation shall be inserted, namely:— "Explanation.—For the removal of doubts, it is hereby de- clared that power to issue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transac- tion or activity in contravention of the provisions of this Act or regu- lations ma de thereunder, to disgorge an a mount equivalent to the wrongful gain made or loss averted by such contravention.”. insertion of ™* section 14.After section 23J of the principal Act, the following section sha ll be inserted and shall be deemed to have been inserted with effect from the 20th day of April, 2007, namely:— Settlement of Administrative and Civil Proceedings. "23JA. (1) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any pro- ceedings have been initiated or may be initiated under section 12A or section 23-1, may file an application in writing to the Board pro- posing for settlement of the proceedings initiated or to be initiated for the alleged defaults. (2) The Board may. after taking into consideration the na- ture, gravity and impactof defaults, agree to the proposal for settle- ment, on pa yment of such sum by the defaulter or on such other terms as may be determined by the Board in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992.Insertion of new section 3 4A. Validation of certain acts. 42 of 1956. Amendment of section 1 2A. In sertion of new section 23 JA. Settlement of Administra- tive and Civil Proceedfings. 15 of 1992. Ex-541/201310 (3) For the purpose of settlement under this section, the pro- cedure as specifiedby the Board under the Securities and Exchange Board of India Act, 1992 shall apply. (4) No appeal shall lie under section 23L against any order passed by the Board or the adjudicating officer, as the case may be under this section.". 15.After section 23JA of the principal Act as so inserted, the following section shall insertion of be inserted, namely:— '23JB. (J) If a person fails to pay the penalty imposed by the adjudicating Recovery of officer or fails to comply with a direc- tion of disgorgement order issued under amount section 12A or fails to pay any fees due to the Board, the Recovery Officer may draw up under his signature a Statement in the specified form specifying the amount due from the person (such statement being hereafter in this Chapter referred to as certificate) and shall proceed to recover from such person the amount specified in the certificate by one or more of the following modes, namely:— (a) attachment and sale of the person's movable property; (b) attachment of the person's bank accounts; (c) attachment and sale of the person's immovable prop (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person's movable and immovable properties, and for this purpose, the provisions of sections 221 to 227,228 A, 229,2.32, the Second and Third Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate 43 of 1961. Proceedings) rules, 1962, as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules there- under were the provisions of this Act and referred to the amount due under this Act instead of to income-tax under the Income-tax Act, 1961. Explanation 1.—For the purpose of this sub-section, the person's movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred, directly or indirectly on or after the date when the amount specified in cer tificate had become due, by the person to his spouse or minor child or son's wife or son's minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank ac- counts so transferred to his minor child or his son's minor child is concerned, it shall, even after the date of attainment of majority by 15 of 1992. Insertion of new section 23JB. Recovery of amounts. 43 of 1961. Ex-541/2013 11 such, minor child or son's minor child, as the case may be, continue to be inclu ded in the person's movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this Act. Explanation 2.—-Any reference under the provisions of the Second and Third Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proceedings) 1962 to the assessee shall be construed as a reference to the person specified in the certificate. Explanation 3.—Any r eference to a ppeal in Cha pter XVIID and the Second Schedule to the Income-tax Act, 1961, shall be con- strued a s a reference to a ppeal befor e the Securities Appellate Tr i- bunal under section 23L of this Act. (2) The recovery officer sha ll be empower ed to seek the as- sistance of the local district administration while exercising the pow- ers under sub-section(1). (3 ) Notwithstanding anything contained in any other law for the time being inforce, the recovery of amounts by a Recovery Officer under sub-section (1), pursuant to non-compliance with any direction issued by the Board under section 12A, shall have prece- dence over any other claim against such person. (4) For the purposes of sub-section (1), (2) and (3), the ex- pression "Recovery Officer" menas any officer of the Board who may be authorised, by general or special order in writing to exercise the powers of a Recovery Officer.'. 16.In section 26 oi the principal Act, sub-section (2) shall be omitted. 17.After section 26 of the principal Act, the following sections shall be inserted, namely:— "26A. (1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts as may be necessary. (2) A Special Court shall consist of a single judge who shall be appointed by theCentral Government with the concurrence of the Chief Justice of the High Courtwithin whose jurisdiction the judge to be appointed is working. (3) A person shall not be qualified for appointment as a judge of Special Courtunless he is, immediately before such appointment, holding t he office of a Sessions Judge or an Additional Sessions Judge, as the case may be.43 of 1961. 43 of 1961. Amendmen to section 26 insertion of new sections 26A, 26B, 26C, 26D and 26E. Establishment of Special Courts. Ex-541/201312 26B. Notwithsta nding anything contained in the Code of Criminal Procedur e, 1973, a ll offences under this Act commit ted prior to the date of commencement of the Securities Laws (Amend- ment) Second Or dinance. 2013 or on or after the date of such com- mencement, shall be taken congnizance of and triable by the Special Court established for the area in which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High. Court concerned. 26C. The High Court may exercise, so far as may be appli- cable, all the power conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court. 26D. (1) Save as otherwise provided in this Act, the provi- sions of the Code of Criminal Procedure, 1973 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 Ses- sion and the person conducting prosecution before a Special Court shall be deemed to be a Public P rosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973. (2) The person conducting prosecution referred to in sub- section (1) should have been in practice as an Advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowl- edge of law. 26E. Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be taken cognizance of and tried by a Court of Session exercising juris- diction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973: Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to trans- fer any case or class of cases taken cognizance by a Court of Session under this section.". 18. After section 31 of the principal Act, the following section shall be inserted. namely:— "32. Any act or thing done or purporting to have been done under the principal Act, in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amendments made to the principal Act had been in force at all material times.”. 2 of !974Offences triable by Special Courts. 2 of ! 974Appeal and Revi- sion. 2 of 1974Application of code to proceed- ings before Spe- cial Cour ts. Tr an st ional pr ovi- sions. 2 of 1974 Insertion of new section 32. Validation of Cer- tain acts.Ex-541/2013 13 CHAPTER IV AMENDMENTS TO THE DEPOSITORIES ACT, 1996 19.In section 19 ofthe Depositories Act, 1996 (hereafter in this chapter referred to as the principal Act is this chapter), the following Explanation shall be inserted, namely:— "Explanation.—For the removal of doubts, it is hereby de- clared that power to issue directions under this section shall include arid always be deemed to have been included the power to direct any person, who made pr ofit or a verted loss by indulging in any transaction or activity in contravention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention.". 20.After section 19-I of the principal Act, the following section shall be inserted with effirect from the 20th day of April, 2007, namely:— "19-JA. (/) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any pro- ceedings have been initiated or may be initiated under section 19 or section 1911, as the case may be, may file an application in writing to the Board proposing for settlement ofthe proceedings initiated or to be initiated for the alleged defaults. (2) The Board may, after taking into consideration the na- ture, gravity and impact of defaults, agree to the proposal for settle- ment, on payment of such sum by the defaulter oron such other terms as may be determined by the Board in accordance with the regula- tions made under the Securities and Exchange Board of India Act, 1992. (3) For the purpose of settlement under this section, the pro- cedure as specified by the Board under the Securities and Exchange Board of India Act, 1992 shall apply. (4) No appeal shall lie under secton 23A against any order passed by the Board or the adjudicating officer under this section.". 21.After section 19-1A ofthe principal Act as so inserted, the following shall be inserted, namely:— ‘19-IB (1) If a person fails to pay the penalty imposed by the adjudicating officer or tails to comply with a direction of disgorgernent order issued under section 19 or fails to pay any fees due to the Board, the Recovery Officer may draw up under his sig- nature a Statement in the specified form specifying the amount due from the person (such statement being hereafter in this Chapter re- Amendment of section 19.22 of.1996 Insertion of new section Settlement of Administrative Civil Proceedings. 15 of 1992. 15 of 1992, Insertion of new section 19-IB. Recovery of amounts. Ex-541/201314 ferred to as certificate) and shall proceed to recover from such per- son the amount specified in the certificate by one or more of the following modes, namely:— (a) attachment and sale ofthe person's movable property; (b) attachment of the person's bank accounts; (c) attachment and sale ofthe person's immovable property; (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person's movable andimmovable properties, and for this purpose, the provisions of sections 221 to 227,228A, 229,232, the Second and Third Schedules to the Income-ta x Act, 196J and die Income-tax (Certificate 43 of 1961 Proceedings) Rules, 1962, as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules there- under were the provisions of this Act and referred to the amount due under this Act instead of to income-tax under the Income-tax Act, 1961. Explanation 1.— For the purposes of this sub-section, the person's movable or immovable property or monies heid in bank accounts shall include any property or monies held in bank accounts which has been transferred, directly or indirectly on or after the date when the amount specified in cer tificate had become due, by the person adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank accounts so transferred to his minor child or his son's minor child is concerned, it shall, even after the date of attainment of majority by such minor child or sons' minor child, as the case may be, continue to be included in the person's movable or immovable property or monies held in bank accounts for recovering any amount due ftom the person under this Act. Explanation 2.— Any reference under the provisions of the Second and Third Schedules to the Income-tax Act, 1961 and the Inc ome-t ax (C ertificat e Proceedings) Rules , 196 2 to the asses see sha ll be construed as a reference to the person specified in the cer- tificate. Explanation3.—Any r eference to a ppeal in Cha pter XVIID and the Second Schedule to the Income-tax Act, 1961, shall be con- strued a s a reference to a ppeal befor e the Securities Appellate Tr i- bunal under section 23A of this Act. (2) The recovery officer sha ll be empower ed to seek the as- sistance of the local district administration while exercising the pow- ers under sub-section (I).43 of 1961. 43 of 1961. 43 of 1961.Ex-541/2013 15 (3) Notwithstanding anything conta ined in any other law for the time being in force,the recovery of amounts by a Recovery Officer under sub-section (1), pursuant to non-compliance with any direction issued by the Board under section 19, shall have precedenceover any other claim against such person. (4) For the purposes of sub-sections (I), (2) and (3), the ex- pression "RecoveryOfficer" means any officer of the Board who may be authorised, by general or special orderin writing, to exercise the powers of a Recovery Officer 22.In section 22 of the principal Act. sub-section (2) shall be omitted. 23.After section 22B of the principal Act, the following sec- tions shall be inserted. namely:— "22C.(1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts as may be necessary. (2) A Special Court shall consist of a single judge who shall be appointed by the Central Government with the concurrence of the Chief J ustice of the High Court within whose jurisdiction the judge to be appointed is working. (3) Aperson shall not be qualified for appointment as ajudge of a Special Courtunless he is, immediately before such appoint- ment, holding the office of a SessionsJudge or an Additional Ses- sions Judge, as the case may be. Offences triable by Special Courts 22D. Notwithstanding anything contained in the Code of Criminal Procedur e. 1973. a ll offences under this Act commit ted prior to the date of commencement of the Securities Laws (Amend- ment) Second Or dinance, 2013 or on or after the date of such com- mencement, shall be taken cognizance of and triable by the Special Court established for the area in which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified m this behalf by the High Court concerned. 22E. The High Court may exercise, so far as may be appli- cable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 oh a 2 of 1974. High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court.Amendment of section 22. Insertion of new sections 22C 22D. 22E. 22F and 22G. 2 of 1974Establishmen t of Special Courts Offences tri- able by Spe- cial Cour ts. Appeal and Revision Ex-541/201316 2 of 1974 22F. (1) Save as otherwise provided in this Act, the provi- sions of the Code of Criminal Procedure, 1973 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 Ses- sion and the person conducting prosecution before a Special Court shall be deemed to be a Public P rosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973. (2) The person conducting prosecution referred to in sub- section (1) should have been in practice as an Advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowl- edge of law. 22G Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be taken cognizance of and tried by a Court of Session exercising juris- diction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973: Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to trans- fer any case or class of cases taken cognizance by a Court of Session under this section.". 24.In section 23A of the principal Act, sub-section (2) shall be omitted. 25.After section 30 of the principal Act, the following section shall be inserted, namery:;_ "30A. Any act or thing done or purporting to have been done under the principal Act, in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amendments made to the principal Act had been in force at all material times.". 26.(1) The Securities Laws (Amendment) Ordinance, 2013 is her eby r epealed. (2) Notwithstanding such repeal, anything done or any ac- tion taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Ordinance. PRANABMUKHERJEE, President. P.K. MALHOTRA, Secy, to the Govt. of India. Application of Code to proceed- ings, before Special Court Transitional pro- visions Amendmentof section 23A2 of 1974. Insertion of, new section 3 0A. Validation of certain acts Ord. 8 of 2013. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500Ex-541/2013 17 2 of 1974. Repeal and saving.

The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Monday 4.11.2013 Kartika 13, S.E. 1935, Issue No. 580RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page NOTIFICATION No. H. 11011/1/2013-CEO, the 31st October, 2013. In pursuance of Election Commission of India’s order No. 509/75/2004/JS-l dared 15.4.2004 which was issued in consonance with Supreme Court’s order dated 13 th April 2004 relating to advertisement of political nature on TV Channel, Radio and Cable networks, a Scrutiny Committee to deal with applications by political parties and organizations in hereby constituted with the following members:- 1) Joint Chief Electoral Officer-Chairman 2) Returning Officer of Parliamentary Constituency/ D.C. Aizawl-Member 3) Deputy Director, PIB-Member The Committee will entertain applications for certification for advertisements on Television channel, Radio and cable networks made by the following:- a) All registered political parties having their headquarters in Aizawl. b) All organizations or group of persons or associations having their registered offices in Mizoram. Ashwani Kumar, Chief Electoral Officer, Mizoram: Aizawl 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 AuthorityVOL - XLII Aizawl, Monday 4.11.2013 Kartika 13, S.E. 1935, Issue No. 581RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Conduct of Election Rules, 1961 (Statutory Rules and Order) [FORM I] (See Rule 3) NOTICE OF ELECTION No. E. 12011/37/2013-DC(A), the 1st November, 2013.Notice is hereby given that : - (1)an election is to be held of a membertothe Mizoram Legisla tive Assembly in 7 - Tuivawl (ST) Assembly Constituency. (2)nomination papers may be deliver ed by a candida te or by any of his proposers to the Retur ning Officer or to H. La lhmingt hanga, Assistant Returning Officer, in the Office Complex of DC Aiza wl between 11:00 A.M. a nd 03:00 P.M. on any day (other than public holiday) not la ter than the 8.11.2013 (Friday). (3)forms of nomination paper may be obtained at the place and time aforesaid. (4)the nomination papers will be taken up for scrutiny at 11:00 AM on 09.11.2013 (Saturday) at the Office of the Returning Officer in the Office Complex of DC Aizawl. (5)notice of withdrawal of candidature may be delivered either by a candidate or by any of his proposers or by his election agent who has been authorized in writing by the candidate to deliver it to either of the Officers specified in paragraph (2) above at his Office before 3 P.M. on the 11.11.2013 (Monday). (6)in t he event of the election being contested, the poll will be taken on 25.11.2013 (Monday) between the hours of 07:00 A.M. and 04:00 P.M. K. Laldingliana, Retur ning Officer, 7-Tuivawl (ST) AC, Aizawl Distr ict, Aizawl. 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 AuthorityVOL - XLII Aizawl, Tuesday 12.11.2013 Kartika 21, S.E. 1935, Issue No. 591RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi - 110001 Dated : 5th November, 2013 DIRECTIONNo. 576/3/EVM/2013/SDR(MIZ):- Whereas, S ection 61A of the Representa tion of the People Act, 1951, provides that the giving and recording of votes by Voting Machines in such manner as ma y be prescribed, may be adopted in such constituencies as the Election Commission of India may, having regard to the circu mstances of each case specify; and 2.Wher eas, the Commission ha s considered the circu mstances in all the 40 Assembly Constituencies in Mizoram, and is satisfied that sufficient number of Electronic Voting Machines are available for taking the poll in the abovementioned Assembly Constituencies, the polling personnel are well trained in efficient ha ndling of the Electronic Voting Machines and the electors are also fully conversant with the operation of the Electronic Voting Machines; 3.Now, therefore, the Election Commission of India hereby specifies all the 40 Assembly Constituencies in Mizoram, as the constit uencies in which the vot es at the current gener al election to the Legislative Assembly of the sa id State notified on 1-11-2013, shall be given and recorded by means of Electr onic Voting Machines in the manner prescribed under the Conduct of Elections Rules, 1961, and the supplementary instructions issued by the Commission from time to time on the subject. By or der, Ashish Chakraborty, Secretary Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500